POLITICAL LAW

ISAGANI CRUZ

NOTES
POLITICAL LAW (Consti 1-2, Admin, Law
of P.O and Law on Municipal Corpo)
- Branch of public law which deals with
the organization and operations of the
governmental organs of the State and
defines the relations of the State with
the inhabitants of its territory.
NECESSITY FOR THE STUDY:
Every Citizen, regardless of calling, should
understand the mechanics and motivations
of his government. This is must be because
“sovereignty resides in the people and
all government authority emanates
from them”.
- Art XIV, Sec 3(1)- “All educational
institutions shall include the study of
the consti as part of the curricula.
CHAPTER 2. The Constitution of the
Philippines
1987 Phil Con 4th fundamental law to 2. USA/UK (one state composed of
govern the PH since it became independent several nations)
on July 4, 1946. State Legal concept
Government only an element of the
1st Commonwealth Constitution (1935)
State; State is the principal, Gov’t is only an
2nd 1973 Constitution (Martial Law)
agent; State itself is an abstraction, it is the
3rd Freedom Constitution (Revolutionary
gov’t that externalizes the state and
Constitution- Cory’s Regime after martial
articulates its will.
law, pending the adoption of permanent
Administration group of persons in
constitution)
whose hands the reins of the gov’t are for
the time being. Transitional whereas
OUTSTANDING FEATURES: (1987)
Government is permanent.
- LENGTHY. Inclusion of provisions that
should have been embodied only in
ELEMENTS: (People, Territory, Gov’t and
implementing statutes to be enacted by
Sovereignty)
the legislature.
Note: BANGSAMORO MOA. “Associated
 Sounds like a political speech
State”
rather than a formal document
 Unconstitutional. The concept
stating only basic precepts. 
presupposes that the associated
 Inclusion of certain topics that certainly,
entity (BJE) is a state and implies
by any criterion HAVE NO PLACE IN THE
that the same is on its way to
CONSTI. :D
independence.
a. 1935 Provisions in re: Executive
A. PEOPLE inhabitants of the state
and legislative ( Revival of the
- No legal requirement. “Numerous
Bicameral Congress)
enough to be self-sufficing and to
- Independence of the Judiciary. They
defend themselves and small enough
can decide on political questions
to be easily administered and
originally beyond their jurisdiction.
sustained”
b. 1973 Provisions in re: ConCom and
B. TERRITORY fixed portion of the
Local Gov’t.
surface of the earth inhabited by the
- Bill of Rights have been bolstered.
people of the state.
SUPREMACY OF THE CONSTITUTION
- PRACTICAL requirement. “Neither too
Basic and paramount law to which all other
big as to be difficult to be administer
laws must conform and to which all
and defend nor too small as to be
persons, including the highest officials of
unable to provide for the needs of
the land, must defer.
the population.
- No act shall be valid, however noble
1. Terrestrial Domain Land Mass
the intentions, if it conflicts with the
2. Maritime/Fluvial Domain Internal and
constitution.
External Waters
3. Aerial Domain Air space above L & W.
CHAPTER 3- Concept of the State
STATE a community of persons, more or
Basis: NATIONAL TERRITORY. Art 1 of
less numerous, permanently occupying a
the 1987 PhilCon
definite portion of territory, possessed of an
NOTE: This article deleted the reference to
independent gov’t organized for political
the territories we claim “by historical right
ends to which the great body of inhabitants
or legal title” BUT THIS DOES NOT MEAN
render habitual obedience.
an outright or formal abandonment of
such claim, which was best left to a
STATE VS. NATION VS. GOV’T VS.
judicial body capable of passing judgment
ADMINISTRATION
over the issue.
NATION Actually consist of several
 The definition of the baselines of the
states; Racial or ethnic concept.
territorial sea of the PH Archipelago (RA
Ex.
5446) is w/o prejudice to the delineation
1. Arab Nation ( Egypt, Iraq, Saudi, etc)
 of the territorial sea around the territory  Constitution Our government has to
of Sabbah, over w/c the PH has acquired be democratic and republican state.
dominion and sovereignty. - Whatever good done by the gov’t
(Sabbah Historic right or legal title) is attributed to the State but
 xx The waters around, b/w, and every harm inflicted on the people
connecting the islands of the is imputed not to the State but to
archipelago, regardless of their the gov’t alone. Such injury may
breadth and dimensions, form part justify the replacement of the gov’t by
of the internal waters of the PH” xx revolution, theoretically at the behest
(Archipelago doctrine) of the State, in a development known
- We connect the outermost points of our as DIRECT STATE ACTION.
archipelago with straight baselines and
consider all the waters enclosed thereby  FUNCTIONS
as internal waters. The entire a. Constituent The very bonds of society
archipelago is regarded as one and are therefore COMPULSORY.
integrated unit instead of being b. Ministrant undertaken to advance the
fragmented into so many thousand general interest of society, such as
islands. public works, charity and regulation of
a. As for our territorial seas now defined trade and industry. OPTIONAL.
according to Jamaica Convention on the - To our SC, the distinction b/w
Law of the Sea. constituent and ministrant functions is
b. UNCLOS ICodified among others, the not relevant. It is NOW OBLIGATORY on
“sovereign right of States parties over the State to promote social justice.
their territorial sea, the breadth of
which, however was left undetermined,  DOCTRINE OF PARENS PATRIAE-
and which served as basis for the “Guardian of the rights of the people”
passage in 1961by Congress of RA Gov’t of the Philippine Islands vs. Monte de
3046 “ demarcating the maritime Piedad- Money collected were never
baselines of the PH as an archipelagic distributed and instead deposited with
State”. defendant bank. An action for recovery was
- 1984 PH ratified UNCLOS III, which filed later by the gov’t. Defendant bank
among others “prescribe the water- questioned the competence of the plaintiff,
land ratio, length, and contour of contending that the suit could only be
baselines of archipelagic states, like instituted by the beneficiaries themselves/
the PH. heirs. The state can file the case for the
Consequently, Congress amended RA State as parens patiae in representation of
3046 by enacting RA 9522, which it the legitimate claimants.
was believed would make RA 3046 Cabanas Vs. Pilapil- Gov’t acting for the
“complaint” with the provisions of state as parens patriae chose the mother of
UNCLOS III in so far as the an illegitimate child as against his uncle to
determination of the prescribe the be the trustee of the insurance proceeds left
water-land ratio, length, and contour of him by his father, who had expressly
baselines of our archipelago is designated the uncle.
concerned. Soriano vs. Laguardia- Suspension of
religious television program. Necessity of
C. GOVERNMENT Agency or protecting the children from unprotected
instrumentality through which the will of speech.
the state is formulated, expressed and De la cruz vs. Gracia- SC allowed the
carried out. registration of an illegitimate child using the
 From the viewpoint of Int’l law No surname of his deceased father, declaring
required form of gov’t, provided only that it is the policy of the FC to liberalize the
that the gov’t is able to represent the rule on the investigation of the paternity
State in its dealings with other states.
and filiation of children, especially of D. SOVEREIGNTY supreme and
illegitimate children. uncontrollable power inherent in a State
by which the State is governed.
 DE JURE AND DE FACTO 1. Legal S authority which the power to
GOVERNMENTS issue final commands.
- Regardless of their form, gov’ts are  Congress
either de jure or de facto. 2. Political S.  Power behind the legal
A. De jure government has rightful title sovereign, or a sum of the influences
but no power of control, either because that operate upon it.
this has been withdrawn from it or  Different Sectors that mold PUBLIC
because it has not yet actually entered OPINION
into the exercise thereof. 3. Internal Control its domestic affairs
B. De facto government is a government 4. External Direct its relations with
of fact, that is, it actually exercises other states. “INDEPENDENCE”
power or control but without legal title.
1. The gov’t that gets possession and  CHARACTERISTICS (ICE PA!)
control of, or usurps, by force or by Imprescriptible, Inalienable, Indivisible.
voice of the majority, the rightful Comprehensive, Exclusive, Permanent,
legal government and maintains Absolute
itself against the will of the latter.
2. That established as an independent EFFECTS:
government by the inhabitants of a A. S. is not suspended although ACTS OF
country who rise in insurrection SOVEREIGNTY cannot be exercised by
against the parent state. the legitimate authority.
3. That which is established and - S. over the PH remained with the
maintained by military forces who USA during the Japanese Occupation
invade and occupy a territory of the of our country although the
enemy in the course of the war, and Americans could not exercise control
which is denominated as a over the occupied territory at the
government of paramount force. time.
**Its existence is maintained by active - What the Belligerent Occupant took
military power w/in the territories, and over was only the exercise of the
against the rightful authority of an Acts of Sovereignty.
established and lawful gov’t. They are 1. There being no change of sovereignty
obeyed in civil matters by private citizens during Belligerent Occupation, the
who, by acts of obedience rendered POLITICAL LAWS of the occupied
submission to such force, do not become territory are merely SUSPENDED,
responsible, as wrongdoers, for those acts subject to REVIVAL under the JUS
though not warranted by the laws of the POSTLIMINUM upon the end of
rightful gov’t. occupation.
MUNICIPAL LAWS (Non-political
laws) are deemed continued unless
**In re: Corazon Aquino Regime. changes by the Belligerent Occupant
The people accepted the gov’t of PresCOn since they only governed private
which is in effective control of the entire relations and are not generally affected
country so that it is not merely a de facto by the changes in regimes or rulers.
gov’t but in fact and law a de jure gov’t. 2. The rules suspending political laws
Moreover, the community of nations has affects only the civilian inhabitants of
recognized the legitimacy of the present the occupied territory and is not
gov’t. intended to bind the enemies in arms.
- RUFFY VS. CHIEF OF STAFF
 Members of the Armed Forces
continued to be covered by the
 National Defense Act, Articles I of  With reference to POLITICAL LAW:
War and other laws relating to the - Act of State are those acts done by
Armed Forces during the Japanese the Political Department of the Gov’t
Occupation. and not subject to judicial review.
- (LAUREL VS. MISA) Ex. President’s exercise of Diplomatic
 The rules suspending political laws power.
does not apply to LAW ON TREASON
although political in character.
 Belligerent O. has no power to suspend CHAPTER 4- The Doctrine of State
the operation of the law of treason, Immunity
essential “The State cannot be sued without its
 for the preservation of the allegiance consent”
owed by the inhabitants to their legit (PhilCon, Art 16, Sec 3)
gov’t or compel them to adhere and - Merely a recognition of the Sovereign
give aid or comfort to him; BECAUSE IT Character of the State and an express
IS EVIDENT THAT SUCH ACTION IS NOT affirmation of the unwritten rule
NECESSARY FOR THE CONTROL OF THE insulating it from the jurisdiction of the
INHABITANTS OR THE SAFETY AND courts of justice.
PROTECTION OF HIS ARMY- Because it is JUSTIFICATIONS: (non-suability)
tantamount to practically transferring Justice Holmes: “There can be no legal right
temporarily to the occupant the against the authority which makes the law
allegiance to the titular gov’t. on which the right depends”
3. Judicial Decisions, valid during the - It will divert the time and resources of
occupation and even beyond except the State from the more pressing
those of a political complexion, which matters demanding its attention, to the
are AUTOMATICALLY ANNULLED upon prejudice of the public welfare.
the restoration of the legitimate - Also available to foreign states in so far
authority. as they are sought to be sued in the
- Person convicted of a political crime courts of the local state. (Public
shall be released. International law)
B. Where there is CHANGE OF  Another basis: Sovereign Equality of
SOVEREIGNTY, political laws of the States
former sovereignty are not merely “Par in parem non habet imperium”-
suspended BUT ABROGATED ipso facto one state cannot assert jurisdiction
unless they are retained or re-enacted over another.
by the positive act of the new sovereign. - A necessary consequence of the
- MUNICIPAL LAWS (Non-political principles of independence and
laws) are deemed continued unless equality of States.
changes by the Belligerent Occupant Exceptions: FS may sued in the Host States.
since they only governed private 1. FS may be sued in the host state if
relations and are not generally ENGAGED REGULARLY therein in a
affected by the changes in regimes business or trade; or
or rulers UNLESS they are changed 2. Even if not so engaged, on the basis
by the new sovereign or contrary to of its contract in the host state which
its institution. may be considered as purely
commercial, private and proprietary
 ACT OF STATE acts (jus gestionis), BUT not with
- Act done by the sovereign power of a respect to contracts entered into by
country, or its delegates, within the it as governmental or sovereign acts
limits of the power vested in him. (jus imperri).
- It cannot be questioned or made the Jus imperri Not absolute. Exercise of
subject of legal proceeding in any Power of Eminent Domain , No payment of
court of law. JC.
FOR CLARITY: 2 scenarios where a state direct liability of the State and not
may be said to have descended to the level merely of the officer impleaded.
of an individual and can thus be deemed to IF THIS IS SHOWN, the action
have tacitly given its consent to be sued can be dismissed as a suit
only when it enters into business contracts. against the state unless it
a. FS engaged in the activity in the immunity has been previously
regular course of business. waived.
(Automatic: The mantle of immunity a. Garcia vs. Chief of Staff it is a
shall be deemed to have been suit against the state since it would
waived) need the appropriation of public
b. Enters into a contract AND the funds to satisfy the judgement if the
character of the contract is purely claim were allowed.
commercial, private and proprietary. b. Sanders vs. Veridiano 2
Hence: The fact the the FS enters into a american employees of the Subic
contract with a private party in the host Naval Base sued its superior for
state would not necessarily result in the damages.
waiver of its sovereign immunity. The  ACTED IN BEHALF OF THE GOV’T
character of the said contract would still and w/in the scope of authority.
need to be determined.  - Hence, award will have to be
satisfied by the gov’t and not by the
petitioners personally. This will
NOTE: require the appropriation of
- Not any agency of a foreign state may necessary amount to cover the
properly invoke the latter’s sovereign damages, making the suit against
immunity to ward suit against it. the gov’t without its consent. –
a. Even if the agency contends that it DISMISSED!
performs gov’t functions. Such c. UP vs. Dizon An award against
designation (Primary contractor) the petitioner would require an
does not automatically grant it appropriation by Congress
immunity. considering that such monetary
 Presumption: GOCC therefore can be liabilities were not covered by the
sued and sued in the absence of appropriation earmarked for said
evidence to the contrary (that it project
enjoys the immunity from suit d. Ruiz vs. Cabahug Action against
accorded to its parent country) Sec. of National Defense in his
official capacity for payment of
APPLICATION OF THE DOCTRINE: Archi’s PF for which AN
- Actions are rarely instituted directly APPROPRIATION HAD ALREADY BEEN
against the Republic of the PH, MADE. As far as the State is
presumably because such a step will concerned, it had already discharged
provoke resort to the doctrine of State its obligation and since actual
Immunity and possible dismissal of the payment was now the sole
complaint for lack of jurisdiction. responsibility of the defendant, the
- So, the usual practice is to file such action was therefore properly against
claims not against the State itself but, the defendant ONLY.
so as to avoid the appearance of its - PUBLIC OFFICIAL CAN BE SUED IN
involvement, AGAINST THE OFFICER of HIS OFFICIAL CAPACITY WITHOUT
the government who is supposed to THE NECESSITY OF FIRST
discharge the responsibility or grant the OBTAINING THE CONSENT OF THE
redress STATE TO BE SUED.
 It is important then to determine if
the STATE IS THE REAL P.I, that is, ULTIMATE TEST:
that the claim if proved will be a
 Assuming the decision is rendered days. Rejection of the claim will
against the Public officer, authorize the claimant to elevate the
enforcement thereof will require an matter to the SC on certiorari and in
AFFIRMATIVE ACT FROM THE effect sue the State with its consent.
STATE, such as an appropriation of Ex. Writs of Execution (money claims
the needed fund to satisfy the against gov’t)
judgement. A.2. SPECIAL LAW
Yes= against the state and its inclusion as > The express consent of the state to be
party defendant is necessary. sued must be embodied in a duly enacted
No= P.O himself can alone comply with the statue and may not be given by a mere
decision of the court w/o the necessity of counsel of the gov’t. (Republic v. Purisima)
involving the state. - The waiver of the counsel is not binding
IF ACTED W/O or in excess of upon the state. Incidentally, where the
jurisdiction Any injury caused by him is defendant is the RP, service of summons
his personal liability, & cannot be imputed must be made on the SolGenm.
against the state. > Amigable v. Cuenca (Nonpayment of JC)
- The doctrine cannot be used to
NOTE! DFA is the only authority to make a perpetuate injustice on a citizen.
determination of immunity from suit When the gov’t takes private property for
( Determination that s state/instrumentality public use, conditioned upon the payment
is entitled to sovereign/ diplomatic of JC, to be judicially ascertained, it makes
immunity) although the court would not be manifest that it submits to the jurisdiction
precluded from making an inquiry into the of the court. Hence, doctrine of immunity
intrinsic correctness of such certificate. cannot be properly invoked even though
 Such determination is a POLITICAL the exercise of the power of eminent
QUESTION. Hence, where the plea of domain is jus imperii
immunity is recognized and affirmed Santiago vs. Republic (Suit did not involve
by the executive branch, it is the money claim against the state: Revocation
duty of the courts to accept this of Donation).
claim so as not to embarrass the - Suit could proper.
gov’t in conducting the country’s b. Implied
foreign relations. 1. State commences litigation
A. When the state itself files a complaint,
WAIVER OF IMMUNITY “Royal the defendant is entitled to file a
prerogative of dishonesty” counterclaim against it.
 State gives its consent. State, may a. Froilan v. Pan Oriental Shipping Co.
divest itself of its sovereign - Gov’t filed a complaint in intervention fr
immunity thereby voluntarily open the purpose of asserting an affirmative
itself to suit. relief: recovery of vessel.
 EXPRESS or IMPLIED b. Lim v. Brownwell. Gov’t as successor-
a. Express manifested through a GL/ SL in-interest of the US to the properties
A.1= GENERAL LAW claimed from the latter filed a
1. Act No. 3083- “The gov’t of PH complaint in intervention, joined the
Islands hereby consents and submits defendant in invoking the doctrine of
to be sued upon any moneyed claim immunity to secure the dismissal of the
involving liability arising from action.
contract, express or implied, which - Since in this case the gov’t was not
could be serve as basis of civil action asking for any affirmative relief but had
b/w private parties. intervened only for the purpose of
2. CA No. 327 as amended by PD resisting his claim= No implied waiver.
1445- a claim against the gov’t must
first be filed with the Commission on 2. Enters into a contract (
Audit, which must act upon it w/in 60 commercial/private/proprietary)
a. Republic v. Sandiganbayan- State is SUIT AGAINST GOVERNMENT
then deemed to have divested itself of AGENCIES:
the mantle of immunity and descended - Where suit is filed not against the
to the level of the ordinary individual. gov’t itself or its officials BUT
Having done so, it becomes subject to AGAINST one of its ENTITIES, it
judicial action and processes. must be ascertained WON the State,
 Note: When the state gives its consent as the principal that may ultimately
to be sued, it does not thereby consent be held liable, has given its consent
to the execution of the judgment to be sued.
against it. (RP vs. Villasor) Such 1ST Ascertain first WON the agency
execution will require another waiver, impleaded is INCORPORATED OR
lacking of which the decision cannot be UNINCORPORATED.
enforced against the State. a. Incorporated Has a charter of its
“Public funds cannot be the object of own that invests it with a separate
garnishment proceedings even if the juridical personality. (SSS/UP/City of
consent to be sued had been previously Manila)
granted and the state liability adjudged. Effect: The test of its suability is found
The power of the courts ends when the in its charter. If its charter says so, this is
judgment is rendered, since government true regardless of the functions it is
funds and properties may not be seized performing.
under writs of execution/ garnishment to Ex. Municipal Corporations (Provinces and
satisfy such judgments, is based on Cities).
obvious considerations of public policy. - They are agencies of the state when
Disbursements of public funds must be they are engaged in gov’t functions and
covered by the corresponding therefore should enjoy the sovereign
appropriation as required by law” immunity. Nevertheless, they are
(Commissioner of Public Highways vs. subject to suit even in the performance
San diego) of such functions because their charter
 (UP v. Dizon) SC emphasized the provided that they can sue and be sued.
fundamental rule that gov’t properties b. Unincorporated no separate juridical
are not subject to levy and execution: personality but is MERGED in the
- “A distinction must be made b/w gov’t general machinery of the gov’t (DOJ,
funds and properties for public use and Bureau of Mines)
those not held for public use. Effect: Since it has no charter and
a. Properties held for public uses- not therefore has no separate juridical
subject to levy and sale under personality, any suit filed against it is
execution. The same rule applies to necessarily an action against the Philippine
funds in the hands of a Public officer Gov’t of which it is part.
and taxes due to a municipal - This being so, it is necessary to
corporation. determine the NATURE of the
b. Properties owned by Municipal functions in w/c the agency is
corporation in its proprietary engaged, so as to hold it suable if
capacity, property not used for they are proprietary and not suable if
public purpose but for quasi private they are governmental.
purposes= Subject to execution. - Also, the non-suability of the State is
c. Property held for public purposes is available to the agency even if it
not subject to execution merely shown that it is engaged not only in
because it is temporarily used for gov’t functions but also, as a
private purposes. If the public use is SIDELINE, or INCIDENTALLY, in
wholly abandoned, such property proprietary capacity. (Necessary
becomes subject to execution. incident to its primary function)
EXEMPTION FROM LEGAL liable if it can be shown that they
REQUIREMENTS: were acting in a proprietary
1. Not required to put up a bond, or an capacity when the tort was
appeal bond since it can be assumed committed.
that it is ALWAYS SOLVENT.
GR: This exemption does not apply to CHAPTER 5: FUNDAMENTAL
GOCC’s because they have legal PRINCIPLES AND STATE POLICIES(Art
personality distinct from their shareholders. 2, PhilCon)
Thus, while their majority SH, the state, will - Lay down the rules underlying our
always be presumed solvent, such system of government and must
exemption does not extend to the GOCC therefore be adhered to in the conduct
itself. of public affairs and the resolution of
Exemption: When the GOCC becomes a public issues.
gov’t machinery to carry out a decared - Objective and limitations of
gov’t policy, it becomes similarly situated governmental action in pursuit of the
as its majority SH as there is the assurance general goals announced in the
that the gov’t will necessarily fund its Preamble.
primary functions. - SC considered some of the provisions as
2. Cannot be generally asked to pay the “mere legislative guides, which absent
legal fees prescribed in the RC or the enabling legislation, do not embody
cost of the suit. (LBP in the performance enforceable constitutional rights”.(non-
of its gov’t function in agrarian reform self executing)
proceedings= exempt) Examples:
Exemption: National Power Corporation Sec. 5 - maintenance of peace and order
and GSIS are not exempt from paying Sec 18- labor as primary social and
filing fees. economic force
3. Interest is also not chargeable against it Sec 4- citizens may be required to render
except when it has expressly stipulated personal military or civil service “under
to pay it or when the interest is allowed conditions provided by law”
by an act of the legislature or in Sec 26- a clear policy against political
eminent domain cases where damages dynasties; Guarantees equal access to
sustained by the owner take the form of opportunities for public service. However,
interest at the legal rate. the definition of ‘political dynasties” has
4. Statutes of Limitation do not run against been left to Congress, which, to date, or
the State unless the contrary is more than 2 decades after the present
expressly provided by law. constitution became effective, has been
Except: State is engaged in private unable, or unwilling, to implement this clear
business constitutional policy.
 As the SC have pointed out, there are
SUABILITY VS. LIABILITY some provisions in the Consti that need
- The mere fact that the State is not even have to be written therein.
suable does not mean that it is  By contrast, “the gov’t cannot point to
liable. Waiver of immunity does not the absence of an implementing
mean concession of its liability, legislation as an excuse in not effecting
when, therefore, the State allows such policy”.
itself to be sued, all it does in effect PREAMBLE
is to give the other party an - Unlike in the 1935 Consti, the present
opportunity to prove, if it can, that consti is not couched in the 3 rd person
the state is liable. but in the 1st.
Ex. Municipal corporations are suable  Deepen the sense of involvement
because their charters grant them the and participation in the promulgation
competence to sue and be sued. of the consti.
Nevertheless, they can only be held
 Not a source of substantial rights since Sec 1. “The PH is a democratic AND
its purpose is only to introduce the republican state. Sovereignty resides in
constitution. the people and all government authority
 However, its function is not merely emanates from them”
rhetorical as, in the first place, it serves - Every citizen is an individual
to indicate the authors of the consti, to repository of sovereignty. The
wit, “we the sovereign Filipino people” citizenry and not the officialdom is
- It enumerates the primary aims and recognized as the origin, and
aspirations of the framers and are also therefore also the restriction, of all
helpful as an AID in the construction and gov’t authority.
interpretation of the consti. - Accords citizen’s greater
- It makes reference to an “Almighty participation in the affairs of the
god”. (Vast majority of the Filipino gov’t.
people believe in an almighty god)  Right to interfere in the affairs of the
 Certain sectors find this to be gov’t and challenge any act tending to
inconsistent with the policy of prejudice their interest.
separation of church and state and a. Initiative. Referendum. Plebiscite
the establishment clause and - Directly propose and enact laws or
somehow lessens the significance of approve or reject any act or law or part
the provisions of Art 6, Sec 29, which thereof passed by Congress or local
prohibits appropriations for sectarian legislative body. (Act 6, Sec 32)
purposes. - Directly propose amendments to the
 The constitution grants tax constitution on initiative. (Art 17,
exemptions to religious institutions Sec2)
and allows optional religious b. Right to information (Health of the
instruction in our public schools and pres)
even full foreign ownership of c. Right to file cases questioning the
religious schools. factual bases for the suspension of
 Prayers preceding or marking gov’t the privilege of HC or declaration of
activities- Some consider this as ML.
offensive to religious freedom, which
includes freedom not to believe. Republic a representative gov’t, a gov’t
- Estrada v. Escritor- respondent run by and for the people. The essence of
cohabited with a person other than republicanism is representation and
her husband. Such arrangement was renovation, the selection of the citizenry
sanctioned under here religion. of a corps of public functionaries who
 SC: Dismissed the suit invoking derive their mandate from the people and
“benevolent neutrality approach” act on their behalf, serving for a limited
which gives room for accommodation period only, after which they are replaced
of religious exercises as required by or retained at the option of their principal
the FREE EXERCISE CLAUSE. as a public trust and shall, according to the
A clear exercise of her fundamental constitution, “be accountable to the
right to freedom of religion. people”.
- “The heart has reasons of its own - “Ours is a gov’t of law and of men”.
which reason does not know”.  No one is above the law; all must
Deviation of the circumstances of their bow to its majesty.
marriage from usual societal pattern  While sovereign powers are
cannot be considered as a defiance of delegated to the agencies of gov’t,
contemporary social mores. (Chua-Qua sovereignty itself remains with the
vs. Clave) people, by whom and for whom all
gov’t exists and acts. (Yick Wo v.
REPUBLICANISM Hopkins)
- Nobility of intention is insufficient previously converted into statutory
to validate an unauthorized act. enactments.
(Villavicencio v. Lukban) A. Pharmaceutical and Health care
 Mayor deported 170 prostitutes from assoc. vs. Health Secretary
Manila to Davao in his desire to - IL can become part of the DL either
protect morals and health. by transformation or
SC condemned his act since there is incorporation.
no law or even an ordinance 1. TRANSFORMATION IL be
authorizing his act. transformed into DL through a
- It is not a pure democracy where the constitutional mechanism such as local
people govern themselves directly. legislation.
Example:
THE DEFENSE OF THE STATE a. Treaties (Pursuant to Art 7, Sec 21) “No
Sec 4. The prime duty of the gov’t is treaty shall be valid and effective unless
to serve and protect the people. The concurred in by at least 2/3 of ALL
gov’t may call upon the people to members of the Senate”.
defend the State and, in fulfillment - It must go through a process
thereof, all citizens may be required, prescribed by the Constitution for it
under the conditions provided by law, to be transformed into municipal law.
to render personal military or civil 2. INCORPORATION By mere
service. constitutional declaration, IL is deemed
- By virtue of this right, a State may take to have the force of DL.
up all necessary effort to repel any a. Mijares vs. Ranada- “generally
threat to its security. accepted principles of IL, by virtue of
Relate to: National Defense Act (CA No. the incorporation law form part of the
1), “Armed forces of the PH shall be laws of the land EVEN IF THEY DO NOT
composed of a citizen armed forces DERIVE FROM TREATY OBLIGATIONS”.
which shall undergo military training Examples:
and serve, as may be provided by law. a. Renunciation of war as an instrument
COMPULSORY MILITARY SERVICE. of national policy.
- . It does NOT VIOLATE the constitution. **Congress is empowered to declare
The right of the gov’t to require CMT is NOT WAR, but “the existence of a
a necessary consequence of its duty to state of war” presumably commenced/
protect and defend the State and is provoked by the enemy state.
reciprocal with its duty to defend the b. Principle of sovereign immunity
LLP of the citizen. c. Pacta sunt servanda
(Meaning, although PH is not a
THE INCORPORATION CLAUSE signatory to a particular treaty/
Sec 2. “The Ph renounces war as an international agreement, it may still
instrument of national policy, adopts bind the PH if the same is embodied
the generally accepted - principle of GAP of IL)
international law as part of the law of
the land, and adheres to the policy of  In case of conflict b/w IL and ML:
peace, equality, justice, freedom, 1. HARMONIZE ,so as to give effect to
cooperation and amity with all both. For this purpose, it should be
nations”. presumed that ML was enacted with
- Mem of the FAMILY OF NATIONS= bound proper regard for the GAP of IL.
by the generally accepted principles of 2. IRRECONCILABLE.
IL, which are automatically considered a. Ichong v. Hernandez: (Invalidation of
as part of the law of the land. Retain trade Nationalization
(Doctrine of Incorporation) ActGround: contravene several
 Effect: Application of rules of IL treaties concluded by us which, under
although they had not been
 the rule of pacta sunt servanda, a GAP REARING OF THE YOUTH
of IL should be observed by us in GF. Sec 12. “The State recognizes the sanctity
 It is the statute that should be upheld of family life and shall protect and
because it represented an exercise of strengthen the family as a basic
the police power of the state which, autonomous social institution. * It shall
being inherent, could not be bargained equally protect the life of the mother, and
away or surrendered through the the life of the unborn from conception. The
medium of a treaty. natural and primary right and duty of the
b. Magalona v. Ermita (Necessity of the parents in the rearing of the youth for civil
passage of RA 9552, which provided for efficiency and the development of moral
NEW BASELINES for our archipelago, character shall receive the aid and support
considering the permissive text of of the gov’t. ***
UNCLOS III, on which said law was - *Better home, the better the nation.
based) It is in the family where children are
- SC ruled in favor of the law. It would born and molded either to become
actually be more beneficial for the PH to useful citizens of the country or
have “internationally accepted troublemakers in the community.
baselines” or baselines complaint with  It is not closing the door on divorce,
the provisions of UNCLOS III. which is left for the legislature to allow
Nevertheless, the prerogative of in its discretion.
choosing this option belongs to - **Seems to suggest a policy against
Congress, not to this Court. abortion.
- Absent an UNCLOS III complaint  Unborn child: dependent; Child: unborn
baselines law, an archipelagic state like fetus from the mother’s womb.
the PH will find itself devoid or - ***State intervention Police power:
internationally accepted baselines from During the child’s formative years,
where the breadth of its maritime zones through the school where it is under the
and continental shelf is measured. The supervision and regulation of the state.
enactment of UNCLOS III complaint
baselines law for the PH and adjacent Sec 13. “The state recognizes the vital
areas, as embodied in RA 9552, allows role of the youth in nation building*, and
an internationally recognized shall promote and protect their physical,
delimitation of the breadth of the PH moral, spiritual, intellectual and social well-
maritime zones and continental shelf. being** It shall indicate in the youth
(Safeguard our maritime zones) patriotism and nationalism and encourage
c. Bayan Muna v. Romulo (Stipulation in their involvement in public and civic
a treaty/EA providing for a State with affairs”
the OPTION to waive its criminal - *Responsibility, maturity and
jurisdiction over foreigners who comit competence of the youth in the
crime w/in its territory IS NOT discussion and solution of public
ABDICATION OF ITS SOVEREIGNTY. issues vital force in nation building.
- By virtue of the doctrine of - **Prepare them when they assume
incorporation, a portion of a state’s their responsibility of leadership
sovereignty may be waived w/o
violating the constitution. Such WOMEN
waiver does not amount to an - RA 9262 VAWC law. Unconstitutional
unconstitutional deprivation of for violating EPC? NO. “The unequal
jurisdiction of PH Courts. power relationship b/w man and women
- Treaty has greater dignity than an and the fact that women are more likely
EA; a ratified treaty, unlike an EA than men to be victims of violence, not
takes precedence over any PRIOR to mention the widespread gender bias
STATUTORY ENACTMENT. and prejudice against women as basic
distinctions b/w men and women which
 justify the “classification under the law” matters. The wall of separation b/w
(Garcia vs. Drilon: 2013) church and stare IS NOT A WALL OF
HOSTILITY. The State in fact recognizes
SOCIAL JUSTICE the beneficial influence of religion in
“SJ is not only meant to favor the poor. the enrichment of the nation’s life.
They apply with equal force to those who, - “Union of Church and State tends to
notwithstanding their more comfortable destroy the gov’t and to degrade
position in life, are equally deserving of religion.
protection from the courts. SJ is not a - Courts “must respect and cannot
license to trample on the rights of the rich review” matters that may religious
in the guise of defensing the poor, where color and are therefore ecclesiastical
no act of injustice or abuse is being affairs”, including a church’s
committed against them” (Adriano v. disconnection of its ties with another
Tanco; 2010) entity.

- One cannot invoke SJ at the expense of SUPREMACY OF CIVILIAN AUTHORITY

the common welfare. (Petitioner’s Sec 3. Civilian authority is, at all times,
refusal to leave the subject property has supreme over the military. The AFP is the
hindered the development of the entire protector of the people and the State. Its
area) goal is to secure the sovereignty of the
- SJ is not intended to countenanced State and the integrity of the national
wrongdoing simply because it is territory.
committed by the underprivileged. At - Although implicit in a republican
best it may mitigate the penalty but it system of gov’t, this provision is
certainly will not condone the offense. necessary in order to allay all fear of
Those who invoke SJ may do so only if a military takeover of our civilian
their hands are clean and and not gov’t.
simply because they happen to be poor. Relate: Art 7, Sec 18. “President, who is a
civilian official shall be the commander-
“SJ is neither communism, nor despotism, in0chief of all the AFP”.
nor atomism, nor anarchy, but the  Net effect of Art 2, Sec 3 and Art 7, Sec
humanization of laws and the equalization 18.  President is the ceremonial,
of social and economic forces by the State administrative and legal head of the
so that justice in its rational and objectively AFP. He is the nation’s supreme military
secular conception my at least be leader.
approximated. “Salus populi est suprema
lex”– (Calalang v. Williams) LOCAL AUTONOMY: “The State shall
ensure the autonomy of local gov’ts.
SEPARATION OF CHURCH AND STATE Jeffersonian view: Municipal corporations
Sec 6. “The separation of church and state are the small republics from which the
shall be inviolable”. great ones derives its strength.
- “Strong fences make good neighbors”-  Inhabitants will develop its own local
delineate the boundaries b/w 2 resources and thereby contribute to the
institutions and thus avoid progress of the whole nation,
encroachments by one against the  Involvement in the direction of public
other because of a misunderstanding of affairs as member of the body politic.
the limits of their exclusive NOTE: LOCAL AUTONOMY IS NOT
jurisdictions. INDEPENDENCE.
- The doctrine cuts both ways. It not only
the state that is prohibited from ECONOMY- (Art 2, Sec 19-20-21)
interfering in purely ecclesiastical Sec 19. The state shall develop a self-
affairs; the Church is likewise barred reliant and independent national economy
from meddling in purely secular effectively controlled by Filipinos.
Sec 20. The state recognizes the the PH, at least 60% of capital is
indispensable role of the private sector, owned by such citizens.
encourages private enterprise, and a. Gamboa v. Finance Secretary Term
provides incentives to needed investments. “capital” refers to shares of stock
Sec 21. The state shall promote entitled to vote.( Common shares unless
comprehensive rural development and preferred shares also have VR)
agrarian reform. - 60%- Both the legal and beneficial
These provisions shall read in title must rest in the hands of Filipino
consonance with: nationals
1. Art 12, sec 10, which basically gives 3. Art 12, sec 12, use of Filipino labor,
the Congress the discretion to reserve domestic materials and locally produced
to Filipinos certain areas of investments; goods and adopt measures that help
- It can enact laws allowing entry of them make competitive.
foreigners into certain industries not
reserved by the Constitution to MISCELLANEOUS PROVISIONS (sections
Filipino Citizens. 15-17; 22- 24, 26-28)
a. Espina v. Zamora Constitutionality 1. Sec 15 (health) & Sec 16 (balanced
of Retail Trade Liberalization Act, which and healthful ecology)- “need not
allowed foreigners to engage in retail even be written in the consti for they
trade in our country. are ASSUMED TO EXIST from the
Cited the case of: Tanada v. Tuvera. “The inception of humankind.
provisions of Art II of the 1987 constitution 2. Sec 28 (full public disclosure
ARE NOT SELF EXECUTING, legislative involving public interest) SELF
failure to pursue such policies cannot give EXECUTING PROVISION. It complements
rise to a cause of action in the courts. the right to access to information on
Art 12 of the 1987 Consti- ECONOMIC matters of public concern found in the
NATIONALISM. Bill of Rights. It recognizes the duty of
 It does not impose a policy of Filipino the officialdom to give information even
monopoly of the economic if nobody demands it.
development. The objective is simply to 3. Sec 22 (rights of indigenous
PROHIBIT FOREIGN POWERS/INTEREST cultural communities)
from maneuvering our economic policies Province of North Cotabato v. Gov’t of
and ensure that Filipinos are given the RP Peace panel on Ancestral
preference in all areas of development. Domain- SC annulled the MOA establishing
- Congress open certain areas of the BANGSAMORO JURIDICAL ENTITY as an
retail trade business to foreign “associated state”.
investments instead of reserving them  The act of placing a portion of the PH
exclusively to Filipino citizens. territory in a status which, in
RA 8762 at some point lessens the international practice, has generally
restraint on the foreigners’ right to been a preparation for independence, is
property or to engage in an ordinarily NOT CONDUCIVE TO NATIONAL UNITY.
lawful business, it cannot be said that  Indigenous people situated w/in states
the law amounts to a denial of the do not have a general right to
Filipinos’ right to property and to due independence or secession from those
process of law. Filipinos continue to states under IL, BUT they do have rights
have the right to engage I the kinds of amounting to what was discussed above
retail business to which the law in as right to internal self
question has permitted t entry of foreign determination.
investors. (Hence, no vio of consti) Right to Self-determination Right of
2. Art 12, sec 11, which reserves the state to FREELY DETERMINE their
franchises for public utilities to citizens political, economic, social and cultural
of the PH or to corporations or development.
associations organized under the laws of
a. Internal self-determination a persons that might lead to an
people’s pursuit of its political status irreversible error or abuse to the
and freely pursue their economic, social detriment of our republican institutions.
and cultural development within the - It ordains that each of the 3 great
framework of an existing state. branches of the gov’t has EXCLUSIVE
b. External Self-determination cognizance of and is SUPREME in
Establishment of a sovereign and matters falling within its constitutionally
independent state, the free association allocated sphere.
or integration with an independent state Effect:
or the emergence into any other 1. Legislature enactment of laws and
political status freely determined by a may not enforce/apply them
people. 2. Executive enforcement but may not
4. Section 23 (Non- governmental, enact/apply
community based, or sectoral 3. Judiciary application of laws and may
organizations) not enact or enforce them.
5. Section 26 (equal access to public - Courts cannot limit the application of
service and prohibit political a law/ impose conditions not
dynasties); Sec 27 (honesty and provided therein. To do so, “JUDICIAL
integrity in the public service and LEGISLATION”.
on measures against graft and
corruption) are to be read in relation BLENDING OF POWERS
to Art 11, on Accountability of Public When powers are not confined exclusively
Officers. within 1 dep’t but are in fact SHARED by
several departments.
CHAPTER 6. SEPARATION OF POWERS In effect, they may better collaborate with
The 3 branches must discharge their and, in the process, check each other for
functions w/in the limits of authority the public good.
conferred by the Consti. Neither the Effect: Difficulty in classifying which power
Congress, the President, nor the Judiciary is definitely L-E-J.
MAY ENCROACH on fields allocated to the
other branches.
- SC characterized the resolution of by Illustration # 1: Preparation of the
the Electoral Tribunals of election GENERAL APPROPRIATIONS LAW.
contests as “essentially an exercise  Begins with the preparation by the
of judicial power” although “subject president of the budget, which
to judicial review- via a petition for becomes the basis of the bill adopted
certiorari filed by the proper party- if by the Congress and subsequently
there is a showing that the decision submitted by it to the president, who
was rendered with GAD tantamount MAY approve it.
to lack or excess of J. Illustration # 2: Grant of Amnesty by
INTERDEPENDENCE and NOT the President.
INDEPENDENCE.  Requires the concurrence of a
 While it is desirable that there be a MAJORITY of all members of the
certain degree of independence CONGRESS (Senate + House)
among them, it is not in the public Illustration # 3: COMELEC does not
interest for them to deal with each ALONE deputize law enforcement
other at arm’s length or with hostility agencies and instrumentalities of the gov’t
as this might result in frustration of for the purpose of honest and peaceful
common objectives of the gov’t. election BUT with the CONSENT of the
PRESIDENT.
PURPOSE
- Prevent a concentration of CHECKS AND BALANCES
authority in one person or group of
Compliments doctrine of SP. By means of CONSTITUTIONALLY conferred upon the
which, one department is allowed to RESIST department, claiming its exercise? Yes?
ENCROACHMENTS upon its prerogatives or Exercise sustained.
to RECTIFY MISTAKES OR EXCESSES a. Conferment of power is usually
committed by other departments. done expressly. Legislative: Congress;
- System of Counteraction. Executive: President; Judiciary: SC. As
- Ends of the gov’t are better achieved may be readily noticed, there is no
through the exercise by its agencies problem as to the validity because they
of only the powers assigned to them, naturally pertain to the agencies in
subject to the reversal in proper which they have been reposed.
cases by those constitutionally  BUT this is not always the case!!!
authorized. Illustration # 1. POWER TO IMPEACH,
Illustration # 1: Lawmaking power of the essentially executive, and the power to
Congress is checked by the President try and decide impeachment cases,
through his VETO power, which in turn may essentially judicial, ARE expressly lodged in
be overridden by the legislature. (Parties: the CONGRESS, as so too is the power of
Leg-Exec) investigation which is more exe or judi than
Illustration # 2: Congress may refuse to legi.
give concurrence to an amnesty proclaimed Illustration # 2. SC can exercise the
by the President and the Senate to a treaty executive power of removal over judges of
he has concluded. (concurred in by at least inferior courts although appointed by the
2/3 of ALL members of the Senate”) president. (Consti permits it)
(Parties: Leg-Exec) Illustration # 3. President may be
Illustration # 3: President may nullify a authorized by Congress to exercise tariff
conviction in a criminal case by pardoning powers and emergency powers, both of
the offender. (Parties: Exec- Jud) them legislative in nature. . (Consti permits
Illustration # 4: Congress may limit the it)
jurisdiction of the SC and that of inferior
courts and even abolish the latter tribunals. b. By Doctrine of Implication. “The
(Parties: Leg-Jud) grant of express power carries with it all
Illustration # 5: Judiciary in general, has other powers that may be reasonably
the power to declare invalid an act done by inferred from it”.
Congress, President and his subordinates, Illustration # 1. Power to punish
or ConCom. (Parties: Jud-Leg-Exec) contempt (essentially judicial) can be
exercised by the legis, more so now, that
ROLE OF THE JUDICIARY they are vested express POWER TO
While it is the Judiciary which sees to it that CONDUCT INVESTIGATION in aid of
the constitutional distribution of powers legislation.
among the several departments is
respected and observed, it does not mean c. INHERENT/INCIDENTAL
that it is SUPERIOR to the other Illustration # 1. President, as head of the
departments. gov’t, may independently of constitutional
What it is upholding is NOT its OWN or statutory authority DEPORT undesirable
supremacy, but the SUPREMACY OF THE aliens as an “Act of State”.
CONSTITUTION. Illustration # 2. Congress can punish any
person who IMPUGNS its integrity without
DUTY # 1: proof.
Ascertain WON a given power has Illustration # 3. Courts may claim
been validly exercised by a particular contempt power inherent in the judiciary.
dep’t.
JUSTICIABLE and POLITICAL
QUESTIONS
Although the power in question has been statutory ground for the removal by
constitutionally conferred by the consti to the president of a DO from office
the dept claiming its exercise, the power of cannot diminish the seriousness of
the judiciary is not yet terminated. their nature nor acuity of their scope.
It could not suddenly “overreach” to
Duty # 2: cover acts that are not vicious or
Ascertain WON the act in question had malevolent on the same level as the
been performed in accordance with other grounds for impeachment.
the rules laid down by the Consti.
(PROCEDURAL RULE) DISTINCTION B/W JQ AND PQ
 Justiciable Question: Courts can
intervene, no encroachment as it Illustration no. [Link]/Expulsion
is the particular role of the courts of a member of the Congress, which
to ensure proper observance of must be based upon the ground of
the constitution.) “disorderly behavior” and concurred in by
at least 2/3 of ALL HIS COLLEAGUES.
Justiciable Question (Casibang v. - Determination of “disorderly behavior”
Aquino) is a political question but the
“A purely JQ implies a given right, legally disciplinary measure may nonetheless
demandable and enforceable, an act or be disauthorized if it was supported by
omission violative of such right, and a LESS THAN the required vote.
remedy granted and sanctioned by law, for (Procedural Rule)
said breach if right”. TANADA v. CUENCO
Political Question question of policy.
 BUT where the matter falls under the It refers to those questions which,
discretion of another department/ under the consti, are to be decided by
people themselves, the decision the people in their sovereign capacity;
reached is in the category of a PQ and or in regard to which full discretionary
consequently may not be subject to authority has been delegated to the
Judicial R. legislative or executive branch of the
- Wisdom, efficacy, or practicability of gov’t. It is concerned with issues
law Congress. dependent upon the WISDOM, not
- Interpretation of certain provisions of LEGALITY of a particular measure.
the consti, “other high crimes” as a
ground for impeachment. (Congress) SANIDAD v. COMELEC
 NOT THE SAME with respect to the Where the vortex of the controversy refers
definition of “betrayal of public to the legality or validity of the contested
trust”, which is among the grounds for act, that matter is definitely justiciable.
impeachment, when invoked by the What is in the heels of the court is not the
president in removing a non- wisdom of the act of the incumbent
impeachable officer, ex. Deputy president in proposing amendments, but
Ombudsman, pursuant to a statute. his CONSTITUTIONAL AUTHORITY to
(Gonzales v. Office of the President, perform such act or to assume the power of
2012) a constituent assembly. Whether the
“Betrayal of public trust” LESS THAN amending process confers on the
CRIMINAL but must be ATTENDED BY BF president that power to propose
and such gravity and seriousness as the amendments is therefore a downright JQ.
other grounds for impeachment. If the constitution provides how it may be
- The legislature could not have amended, the judiciary as the interpreter of
intended to redefine constitutional the consti, can declare whether the
standards of xx betrayal of public trust procedure followed or the authority
xx and apply them less stringently. assumed is valid/not.
The fact that it have been made
APPLICATION OF THE DOCTRINE 9. Phil. Bar Assoc v. COMELEC. Snap
1. Abueva v. Wood Writ of Mandamus Elections on February 7, 1986 by the
could not be issued against the Batasang Pambansa is a political
president to compel him to produce question resoluble only by the sovereign
certain vouchers relative to the electorate.
expenses of an official mission.
2. Severino v. Governor-General Writ IN re: Impeachment Proceeding (ART
of Mandamus to call a special election 2, Sec 3)
though this duty was imposed on him by  Proper committee of the HR shall submit
law in mandatory language. a report on an impeachment complaint,
3. In re dick Discretionary power of the together with its corresponding
Chief Executive to ascertain the resolution (Report + Reso) to the House
necessity for the EXPULSION of an ALIEN w/in 60 days from its referral to the
for the protection of the national same, and said reso shall be calendared
interest. for consideration by the House w’in 10
- In ALL CASES, the powers involved days from receipt.
were discretionary in the  A vote of atleast 1/3 of ALL members of
executive and therefore not subject the HR shall be necessary to AFFIRM or
to judicial compulsion. OVERRIDE its counter reso.
4. Aytona v. Castillo Appointing Power.
Conflict b/w the outgoing and incoming 10. Barcelon v. Baker and
president. SC refused to assume Montenegro (Nature of the president’s
jurisdiction on the ground of SP. power to determine the existence of the
5. De la Llana v. Comelec SC refused grounds specified in the constitution for
to restrain the HOLDING OF A the suspension of the privilege of the
REFERENDUM= The calling thereof lay writ of HC)
in the exclusive discretion of Pres - This power was discretionary and
Marcos. therefore not justiciable, on the
6. Custodio v. Senate President justification of the superior
Certain provisions of GA law. SC refused competence of the president to
to assume J. It affects the wisdom and assess the peace and order condition
proprietary of the law. Remedy: Resort of the country.
to the BAR OF PUBLIC OPINION. This doctrine was abandoned in
7. Vera v. Avelino 3 senators were Lansang v. Garcia. SC asserted the right
prevented from taking oath via reso of to inquire into the factual basis of the
the senate. Went to the SC and alleged suspension and to annul the same if it
that only the Electoral Tribunal had appeared from its own investigation that
jurisdiction over contests relating to the grounds invoked by the president were
their election. SC refused to assume not actually existing.
jurisdiction. Case was not a “contest” However, this decision itself was later
and affirmed the inherent right of the abandoned in Garcia-Padilla v. Enrile,
legislature to determine who shall be where the original ruling in the Barcelon
admitted to its membership/punish and Montenegro case was reinstated to
members. make the questioned power discretionary.
8. Philippine Coconut Producers Latest: NO MORE. See: Art 7, Sec 18,
Federation v. Republic. “Corollary to PhilCon
the principle of SP is the doctrine of “SC may review, in an appropriate
primary jurisdiction that the courts will proceeding filed by any citizen, the
defer to the decisions of the sufficiency of the factual basis of the
administrative officers and agencies by proclamation of martial law or the
reason of their expertise and experience suspension of the privilege of HC or the
in the matters assigned to them. extension thereof”.
11. Noblejas v. Teehankee. - In any event: “The courts have no right to
Administrative Investigation of an DIRECTLY decide matters over which FULL
executive official should be undertaken DISCRETIONARY AUTHORITY has been
by the President and not the SC even if delegated to the Exec. Branch, or to
it was provided by law that such official substitute their own judgments for that of
had the rank and provileges of a judge the Exec. Branch (ex. DOJ).
of the RTC. - Courts will not interfere with the executive
- Neither may the SC be compelled by law determination of probable cause for the
to act as a mere BOARD OF purpose of filing an information, IN THE
ARBITRATORS, an essentially executive ABSENCE OF GRAVE ABUSE OF
body, particularly because whatever DISCRETION:
decisions it might make in the discharge  “It must be so patent and gross as to
of its admin functions would ultimately amount to an evasion of a positive
have to be reviewed by the SAME duty or a virtual refusal to perform
MEMBERS in the exercise of its judicial appositive duty enjoined by law or to
functions. act at all in contemplation of law,
BASIS: ART 8, sec 12. “Members of the such as where the power is
SC and of other courts established by law exercised in an arbitrary and
SHALL NOT be designated to ANY AGENCY despotic manner”
performing QUASI-J or ADMINISTRATIVE F.
1. Neri v. Senate Committee on
POLITICAL QUESTION under the 1987 Accountability of P.O. “Senate
Consti gravely abused its discretion in citing
the petitioner for contempt for his
Scope of PQ appears to have been refusal to answer questions in the
constricted because of the new course of a legislative inquiry. Reason:
definition of JUDICIAL POWER, which There is a legitimate claim of
now “includes the duty… to determine EXECUTIVE PRIVILEGE”.
whether or not there has been a grave 2. Lawyers Against Monopoly and
abuse of discretion amounting to lack or Poverty v. Sec of Budget and
excess of jurisdiction on the part of any Management. “PDAF is constitutional.
branch or instrumentality of the Gov’t. The proper procedure appeared to have
Estrada v. Desierto. been followed and petitioner had not
adequately established that the said law
Effect: Judicial Review is available even constituted an ENCROACHMENT ON
against the Executive and Legislative EXEC. POWER by enabling legislators to
Dept’s, including the president and the propose and choose the projects for
Congress, in the exercise of their which said fund is to be used.
discretionary power. - To justify nullification: CLEAR
 Art 7, Sec 18. “SC may review, in an AND UNEQUIVOCAL and NOT A
appropriate proceeding filed by any DOUBTFUL BREACH of the
citizen, the sufficiency of the factual Consti. In case of doubt, the Court
basis of the proclamation of martial law must sustain the legislation because
or the suspension of the privilege of HC to invalidate a law based on
or the extension thereof”. BASELESS SUPPOSITION is an affront
The PROBLEM is: It is not clear what to the wisdom not only of the
discretionary acts are subject to JR, outside legislature that passed it but also of
of those specifically mentioned in the the executive which approved it.
Constitution, and what acts remain 3. Belgica v. Executive Secretary-
prerogatives of the political departments Ruling in the Lawyers Against Monopoly
that, even with the enlargement of judicial and Poverty v. Sec of Budget and
power, cannot be examined by the courts Management HAS BEEN
of justice. ABANDONED.
 - SC nullified a similar PDAF Article in - A further delegation of such power,
the 2013 GAA, stating among others unless permitted by the sovereign
“ THE 2013 PDAF as well as ALL power, would constitute a negation of
OTHER PROVISIONS of law which this duty in violation of the trust reposed
similarly allow legislators to in the delate mandated to discharge it
wield any form of POST directly.
ENACTMENT AUTHORITY in the - This principle is APPLICABLE to ALL the 3
implementation or enforcement major powers of the gov’t but is
of the budget, unrelated to especially important in the case of the
congressional oversight, AS legislative power because of the many
VIOLATIVE OF THE SP principle instances when its delegation is
and thus UNCONSTITUTIONAL”. permitted.
- 2013 PDAF Article confers post-  Observation: Delegation (LP) has
enactment identification authority to become the rule and non-
individual legislators, violates the delegation the exception:
principle of NON –DELEGABILITY Increasing complexities of the task of
since said legislators are effectively the gov’t and the growing inability of
allowed to individually exercise the legislature to cope directly with
the power of appropriation which the many problems demanding its
as settled in Philconsa- is lodged in attention.
CONGRESS. Ex. Regulation of common carriers.
4. Petitioner Organization v. - Congress may then create an
Executive Secretary. administrative body like the LTFRB
Issue: Assumption of SC of jurisdiction and empower it to promulgate the
over the petitions questioning the needed rules and regulations,
constitutionality of certain Eos issued by subject only to certain statutory
the President considering that the were limitations pre-determined by the
NO “ONGOING PROCEEDINGS” before legislature itself.
any board or tribunal which would have - Better left to be solved by more
warranted its exercise of its power of capable entities and at the same
judicial review. time enable it to tackle the more
- “Where there are serious serious problems.
allegations that a law has infringed the
Consti, it becomes not only the right but PERMISSIBLE DELEGATION:
the duty of the court to look into such 1. Tariff Power to the Pres
allegations and, when warranted, uphold 2. Emergency powers to the Pres
the supremacy of the Consti. Also, where 3. D. to the people at large
the issues involved PUBLIC INTEREST, the 4. D. to local gov’t
court has the discretion to brush aside 5. D. to Administrative bodies
technicalities of procedure.
A. TARIFF POWERS [Sec 28 (2)]
CHAPTER 7. DELEGATION OF POWERS - Pres is granted STAND-BY or FLEXIBLE
“Potestas delegata non delegari TP in the Tariff and Customs Code
potest” conformably to the above provision.
- What has been delegated cannot be Reason: Necessity + Expediency, of
delegated. It is based upon the ethical giving the pres the authority to act
principle that such delegated power immediately on certain matters affecting
constitutes not only a right but a duty to the national economy lest delay result in
be performed by the delegate through hardship to the people.
the instrumentality of his own judgment
and not through the intervening mind of
another. B. EMERGENCY POWERS [Sec 23 (2)]
- In times of WAR or other NATIONAL appropriation of public funds in the
EMERGENCY, it is not likely that a operation of the NG and the conduct of
quorum can be convened in the the 1949 elections, the control of the
Congress to enable it to do business. exports, and the regulation of rentals of
Assuming such quorum, there is still the residential lots and buildings. EOs
decisiveness and delay inherent in the INVALID because:
lawmaking process that may hamper “CA 671 became inoperative when
effective solution of the problems Congress met in regular session in
caused by the emergency. May 25, 1948 and that Eos No were
EFFECT: President becomes in effect a issued w/o authority of law”
CONSTITUTIONAL DICTATOR. But in strict Despite this decision, Pres. Quirino
legal theory, there is no total abdication of continued exercising EP, promulgating 2
legislative authority in his favor. EOs appropriating public funds for public
- Subject to certain restrictions= works and the relief of typhoon victims.
AGENT rather than a replacement of These acts were challenged in the second
the legislature. Emergency Power Cases, where the
additional circumstance appeared that the
 CONDITIONS: Congress had passed House Bill No. 727
1. There must be a war or other national repealing all EMERGENCY Powers Acts
emergency. except that this measure had been vetoed
2. It must be limited for a LIMITED PERIOD. by the Pres.
3. Subject to such RESTRICTIONS as the - “National Assembly intended it to be
Congress may provide. only for a limited period. If it be
4. EP must be exercised to carry out a contended that the Act has not yet been
NATIONAL POLICY declared by Congress. duly repealed, and such step is
necessary to a cessation of the EP
- EP are self-liquidating unless sooner delegated to the Pres, the result would
withdrawn, in the sense that they will be obvious unconstitutional, since it
automatically cease upon the end of the may never be repealed by the
emergency that justified their Congress, or if the latter ever attempts
delegation. to do so, the Pres may wield his veto.
- Conferment of EP on the Pres is NOT The situation will make the Congress
MANDATORY. The Congress may choose and the Pres to determine the indefinite
to on to its legislative power and validly duration of the delegation of LP in
refuse to delegate it; or should it decide palpable violation of the constitutional
to so, limit its duration and terminate it provision that any grant thereunder
even before the end of the emergency. must be for a limited period, necessarily
- Existence of EMERGENCY does not to be fixed by law itself and not
automatically confer EP on the Pres. dependent the will of the
“Emergency itself cannot and should Congress/Pres”.
not create power”.
- The mere continuance of the emergency A. David v. Arroyo (2006). SC declared
does not necessarily continue the that, while the PRESIDENT ALONE can
President’s EP if they have been granted declare a state of national
to him for a shorter period. emergency, he MAY NOT INVOKE this
- EP that is “necessary and proper” only provision to authorize him during the
for the purpose of carrying out a emergency “to temporarily take over
national policy. or direct the operation of any privately
A. Emergency Powers Cases owned public utility or business
- Exercise by Pres Quirino of EP. At stake affected w/ public interest w/o
was the validity of certain executive authority from Congress.”
orders promulgated by Pres. Quirino
providing specifically for the
B. Divinagracia v. Consolidated - NO transfer of genera legislative power.
Broadcasting System Inc. (2009). SC - Power of ED and, under the GWC, the
acknowledged that the Pres has been police power have been expressly
authorized “ to exercise considerable delegated by the legislature to the
infringements on the right of the Local lawmaking bodies; PT is, however,
franchisees to operate their enterprise”. derived by them directly from the
The court cited RA 7477 Se. 5, which consti, subject to limitations that may
provides that Pres in times of national be imposed by the Congress.
emergency may take over and operate
stations in the interest of public interest, DELEGATION TO ADMINISTRATIVE
or authorize the temporary BODIES
use/operation thereof by any agency of Reason: (same,same LGU). With the
the Gov’t, UPON DUE COMPENSATION to proliferation of specialized activities, the
the grantee, for the use of said stations Congress has found it more necessary to
during the period when they shall be so entrust to Admin Agencies the “POWER
operated. OF SUBORDINATE LEGISLATION’.
- With this power, admin bodies may
DELEGATION TO THE PEOPLE implement the broad policies laid
“xx except in those cases where, by down in a statute by “filling in” the
the consti, the people have expressly details which the Congress may not
reserved to themselves a power of have the opportunity or competence
decision, the function of legislation to provide. (Ex. IRR)These
cannot be exercised by them, even to regulations have the force and effect
the extent of accepting or rejecting a of law.
law which has been framed for their For an Admin Regulation to be VALID,
consideration xx” 1. Promulgation must be authorized by the
 The people have voluntarily surrendered legislature;
that power when they adopted the 2. Must be w/in the scope of the authority
consti. (Democratic and Republican given by the legislature;
State)- “by representation”. 3. It must be promulgated in accordance
Referendum a method of submitting an w/ prescribe procedure; and
important legislative measure to a DIRECT 4. Reasonable.
VOTE of the whole people.
 Art 17, Sec 3 (c)- power of the TESTS OF DELEGATION
electorate to APPROVE or REJECT QUESTION: WON the delegation has
a LEGISLATION through an election been validly made.
called for the purpose. - IN ALL CASES, it must be circumscribed
Plebiscite “decree of the people”; by LEGISLATIVE RESTRICTIONS. Otherwise,
questions submitted to the people are delegation itself in legal effect an
intended to work more permanent changes ABDICATION OF LEGISLATIVE AUTHORITY, a
in the political structure, ex. PROPOSAL TO total surrender by the legislature of its
AMEND THE CONSTITUTION. prerogatives in favor of the delegate.
 Art 17, Sec 3 (e)- The electoral 1. THE COMPLETENESS TEST
process by which an initiative on - The law must be complete (sets forth
the CONSTITUTION is approved therein the policy to be executed,
or rejected by the people. carried out or implemented by the
delegate) when it leaves the legislature
DELEGATION TO LOCAL GOVERNMENTS so that there will be nothing left for the
- LGU’s are more knowledgeable than the delegate to do EXCEPT TO ENFORCE IT.
NG on matters of purely local concern  If there are GAPS that will
and are therefore in a better position to prevent its enforcement unless
enact necessary and appropriate they are first filled, the delegate
legislation thereon. will then have the opportunity to
 step into the shoes of the - New Congress represents a return to
legislature and to exercise a Bicameralism after our recent
discretion especially legislative experiment w/ unicameralism, w/c was
in order to repair the omissions. established by the 1973 Consti and, in
THIS IS INVALID D. fact, also initially provided for in the
1935 before it was amended in 1940.
2. SUFFICIENT STANDARD TEST - PRESENT: Congress consists of HS and
- Intended to map out the HR.
boundaries of the delegate’s
authority by defining the legislative Some changes:
policy and indicating the Art 6, Sec 1. “The LP shall be vested in
circumstances under w/c it is to be the Congress of the PH which shall consist
pursued and effected. of a Senate and a HR, except to the extent
- Prevent a total transference of reserved to the people by the provision on
legislative power from the lawmaking initiative and referendum. “
body to the delegate, who is NOT
ALLOWED to step into the shoes POWERS that are NON-LEGISLATIVE in
of the legislature and exercise a nature:
power essentially legislative. 1. Canvass of the presidential elections
- Usually indicated in the law 2. Declaration of the existence of war
delegating the legislative power. 3. Confirmation of Amnesties
4. Thru COA: presidential appointments
THE PELAEZ CASE 5. Amendment/revision of the Consti
Issue: Validity of Sec 68 of the 6. Impeachment
Revised Admin Code empowering the
Pres to create, merge, divide, abolish or SENATE:
otherwise alter the boundaries of 1. COMPOSITION
municipal corporations. Sec 2. “The senate shall be composed of
“Although the Congress may delegate 24 Senators who shall be ELECTED AT
to another branch of the Gov’t the LARGE* by the qualified voters of the PH”
power to fill details in the execution, - * Intends to make the Senate a training
enforcement, or administration of ground for national leaders and possibly
law, it is essential, to forestall a a springboard to the Presidency. Having
violation of the principle of SP, that said a national rather than only a district
law must satisfy THE COMPLETENESS constituency, a senator will have a
TEST and SUFFICIENT STANDARD TEST. broader outlook of the problems of the
Indeed, w/o a statutory declaration country. With such perspective, the
of policy to be carried out or Senate is likely to be more circumspect
implemented by the pres, which is and broad-minded than the HR.
the essence of every law, and,
without the aforementioned 2. QUALIFICATIONS
standard, there would be no means Sec 3. “No person shall be a Senator
to determine, with reasonable unless he is a NB Citizen of the PH, and,
certainty, whether the delegate has on the day of the election is at least 35
acted w/in or beyond the scope of his yrs. of age, able to R&W, a registered
authority. Hence, he could arrogate voter, and a resident of the PH for NOT
upon himself both the power to LESS THAN 2 YEARS immediately
make the law and worse to unmake preceding the day of the election.
it.
1. NB CITIZEN(Art 4, Sec 2)
CHAPTER 8. THE LEGISLATIVE a. Those who are citizens of the PH FROM
DEPARTMENT BIRTH w/o having to perform any act
 to acquire or perfect their PH W/O THE CONCURRENCE OF THESE 3,
citizenship. DOMICILE OF ORIGIN CONTINUES.
b. Those who ELECT PH CITIZENSHIP in
accordance w/ par (3), sec (2) hereof. **Voter Registration/ Voting Strong
presumption of residence but NOT
2. AGE requirement CONCLUSIVE EVIDENCE.
- 35 yrs old on the DAY of election, 1. Perez v. Comelec. Person’s
that is “when the polls are opened and registration as voter in one district other
the votes are cast, and not on the day than his original residence is not
of the proclamation of the winer by sufficient to conclude that he is not
the BOC”. registered somewhere else or that he
has abandoned his original residence.
3. RESIDENCE (Domicile) Place where 2. Limbona v Comelec. Marriage:
one HABITUALLY resides and to which, Change of residence.
when he is absent, he has the - Presumed to have changed her domicile
INTENTION OF RETURNING. upon marriage/ operation of law
- One cannot have 2 residences at the consistent w/ the provisions of the
same time; Acquisition of a new Family Code to wit “ spouses shall have
residence results in the forfeiture of a single family domicile, unless one of
the old. them maintains a separate residence”.
- An intention to abandon his old
residence cannot be inferred from his PARTY LIST REP Residence in any part
act in establishing a home elsewhere/ of the PH
otherwise conducting his activities DISTRICT REP Residence must be within
therein, in the absence of a clear the district where he is running.
showing that he has decided to adopt a
new residence. 3. Mitra v COMELEC. (2010) Purpose of
Ex. A built a house in Manila and engages residence requirement. “well
in the practice of law therein. However, he represented”
occasionally visits his relatives and  Prevent strangers/ newcomers
properties in his home province. EFFECT: unacquainted with the conditions
Legal residence= HOME prov. and needs of a community from
seeking elective offices in that
DOMICILE question of intention & community.
circumstances. 
Under CIRCUMSTANCES, these 3 rules must  Familiarity with these circumstances can
be borne in mind: only come with residency in the
1. A man must have a residence/domicile constituency to be represented.
somewhere
2. When once established, it remains until  Qualifications:
a new one is acquired. 1. “Continuing requirements”. Must
3. Only 1 domicile at a time. be present the entire duration of the
member’s incumbency.
 If one actually wants to EFFECT 2. Exclusive. Congress cannot provide by
CHANGE OF DOMICILE: mere legislation for additional
a. There must be an ACTUAL REMOVAL/ qualifications. UNCONSTITUTIONAL.
ACTUAL CHANGE of domicile; - Legislative Power remains limited in
b. Bonafide intention of abandoning former the sense that it is subject to
place of residence and establishing a substantive and constitutional
new one; and limitations. The consti is the basic
c. Definite acts which correspond w/ the law to which all law must conform.
purpose. No act, however noble remains to be
 invalid as long as it is in conflict with which is a continuing body, persists in
the consti. performing the particular legislative
function involved.
3. TERM (Art 6 and Art 18 To hold otherwise would mean that
respectively) the senate would have to resume the
investigation at the next and
Sec 4. The term of office of the SENATOR succeeding sessions and repeat the
shall be 6 yrs. and shall commence on the contempt proceeding.
noon of June 30 following their election. - However, with regard to pending/
unfinished matters of the Senate of a
Sec 2. The Senators, Mem of the HR, and previous congress are considered
the local officials first elected under this terminated upon the expiration of the
Constitution (1987) shall serve until noon Congress and it is merely optional on
of June 30, 1992. the Senate of the succeeding congress
to take up such unfinished matters,
Of the Senators elected in the election in not in the same status, but as if
1992, the first 12 obtaining the highest presented for the first time. (Arnault
number of votes shall serve for 6 yrs and v. Nazareno, 2008)
the remaining 12 for 3 yrs.
Art 6, Sec 4. “No senator shall serve for
 The 24 senators first elected under more than 2 CONSECUTIVE terms.
this Constitution on the second Voluntary resignation of the office for any
Monday of May 1987 served a term length of time shall not be considered as
of only 5 years ending on June 30 an interruption in the continuity of his
1992. service for the full term for which he was
 Of the 24 senators elected in 1992, elected. “
the first 12 obtaining the highest  X more than 12 years consecutive
number of votes served the full years.
term of 6 yrs. expiring in 1998, and
the last 12 served a term of only 3 HOUSE OF REPRESENTATIVE
years ending in 1995. COMPOSITION:
 The 12 senators elected in 1995 1. District representative elected
served the full term of 6 yrs. Those directly and personally, from the
elected in 1998 also served the full territorial unit he is seeking to
term of 6 years as so too those represent.
elected in 2001. 2. Party-list representative indirectly,
 In other words, beginning 1995, 12 through the party he represents, which
senators were elected every 3 is the one voted for by the electorate.
years, to serve the full term of 6 (Party list listem: 1987 Consti)
years, so unlike the HR, the Senate
shall not at any time be completely Sec 5. “ HR shall be compose of X more
dissolved. One half of the than 250 members, unless otherwise
membership is retained as the fixed by law, who shall be (1) elected
other half is replaced or re-elected from legislative districts apportioned
every 3 years. among the provinces, cities and the
 “Continuing institution”, as it is not Metropolitan Manila area xxx and those
dissolved as an entity w/ each national who, as provided by law, shall be (2)
election or change in the composition of elected through a party-list system of
its members. registered national. Regional and sectoral
Illustration # 1: Senate’s power to parties/org.”
punish for contempt subsists despite (2) The PLR shall constitute 20% of the
periodical dissolution of the total membership of the HR. For 3
Congress/HR. As long as the Senate, consecutive terms after the ratification of
this constitution, ½ (10%??) of the seats
allocated to to PLR shall be filled, as a. Navarro v. Ermita (2011) A
provided by law, by selection or election proposed province composed of one
from LABOR, PEASANT, URBAN POOR, ICC, or more islands need not comply with
WOMEN, YOUTH, and such OTHER sectors the 2000 [Link] contiguous
as may be provided by laws, EXCEPT THE territory requirement under the
RELIGIOUS SECTOR. LGC.
(3) Each legislative district shall comprise, b. Macias v. COMELEC authority for the
as far as practicable, CONTIGUOUS, view that “The validity of a legislative
COMPACT and ADJACENT territory. Each apportionment measure is a
city with a population of at least 250K, or JUSTICIABLE QUESTION, involving as
each province, shall have at least ONE it does certain requirements the
REP. interpretation of which does not call
(4) W/in 3 years following the return of for the exercise of legislative
every census, the Congress shall make a discretion.
reappointment of legislative districts based c. Herrera v. COMELEC The basis for
on the standards provided in this section. “districting is the number of
INHABITANTS” of a province/city, and
A. THE DISTRICT REPRESENTATIVES NOT the no. of its registered inhabitants.
 250 members were originally *250K requirement applies ONLY to cities,
provided for in the HR to be directly and NOT to provinces, although the LGC
elected from the various provides for a min. population of 250K as
legislative districts created by the an alternative req for the establishment of
Ordinance appended in the 1987 a province.
Consti. **Additional 250K population req is also
 Territory was divided into 13 regions, NOT NECESSARY to the creation of an
in turn comprising 200 districts ADDITIONAL LEG. DISTRICT for
apportioned among the P, C, MM in cities/provinces.
accordance w/ the no. of their - Mariano v. Comelec (1995) “ Any
respective inhabitants and on the province that may hereafter be created,
basis of a uniform and progressive or any city whose population may
ratio. hereafter increases to more than 250K
- This initial apportionment shall be SHALL be entitled in the immediately ff.
subject to adjustment by the election to atleast one member or such
Congress w/in 3 yrs ff. the return of number of members as it may be
every enumeration to make the entitled to on the basis of the no. of
representation of the entire nation as inhabitants xx. ”
equitable as possible. When making Ex. Conversion into a Highly Urbanized
such apportionment, the Congress city= automatically resulted in its
shall see to it that each city with a establishment as a legislative district. It
population of at least 250K, or each should be noted that a PLEBISCITE was
province, shall have at least ONE necessary for the validity of said
REP. CONVERSION. However, the same may
be dispensed with where NO NEW
GERRYMANDERING arrangement of TERRITORY or NO CHANGE in an existing
districts in such a way as to favor the territory is made under the law, and
election of preferred candidates (usually re- ONLY A REAPPORTIONMENT or the
electionist) through the inclusion therein creation of an additional district is done.
only of those areas where they expect to **Power to create legislative districts
win, regardless of the resultant shape of Only Congress. That is why in Sema v.
such districts. COMELEC, the Muslim Mindanao
(“Compact- solid; Contiguous- physical Autonomay Act, authorizing the gov’t of the
contact; adjacent- close) ARMM to CREATE PROVINCES and CITIES=
UNCONSTI. Because such power involves - It is enough that their principal
the power to create legislative district advocacies pertains to special
which only Congress possesses. It may interest/concern of their sector.
however, be authorized by law to create a. Marginalized and
MUNICIPALITIES and BRGYs. Underrepresented Labor,
Peasant, Fisher Folk, Urban Poor,
B. THE PARTY LIST REPRESENTATIVE ICC, Handicapped, Veterans And
- “shall constitute 20% of the total OW.
membership of the body (HR), b. Lack well defined political
including such representatives. constituencies Professionals,
- Selection of the party list elderly, women, youth.
representatives are embodied in RA - ENUMERATION IS NOT EXCLUSIVE. As
7941. long as such particular org complies
Sec 2. “xx proportional with the requirements of the Consti &
representation in the election of RA 7941.
representatives in the election thru a - Majority of its members MUST belong to
party-list system of registered N, R, such category.
and Sectoral parties/org/coalitions - The nominees of sectoral parties that
thereof, which will enable Fil Citizens represent them must either (1) belong
belonging to the marginalized to their respective sector or (2)must
and underrepresented sectors, have a track record of advocacy for their
and who lack well defined respective sector. (to be called a “bona
political constituencies xx to fide” mem)
become members of the HR xx “
a. Atong Paglaum v. COMELEC (2013) D. N/R/S shall not be DQ if some of their
“SC, in setting the parameters for nominees are DQ, provided that they
participation in the party-list elections, have at least ONE OMINEE who remains
clarified that, consistent with the qualified.
provisions of sec 5 (1), the PLS provides
for 3 different groups, (1) national, (2)  PLS is intended to democratize
regional, (3) sectoral. political power by giving political
a. N/R DO NOT NEED to organize parties that cannot win in legislative
along sectoral lines and do not need district elections a chance to win
to represent any “marginalized and seats in the HR.
underrepresented” sector.  Not LATER THAN 90 days before
b. Political Parties can participate in election, any Political Party/Org/
Part-list elections provided: Coalition may file a VERIFIED
1. They register under the PLS; and PETITION through its president or
2. DO NOT FIELD candidates in secretary for its participation in the
legislative district elections. PLS, attaching a copy of its
- Otherwise, they can only participate constitution, by laws platform,
in the PLE only thru its SECTORAL officiers and such other relevant info
WING that can separately register as may be required by the
under the PLS. COMELEC.
- The sectoral wing is by itself an  Petition shall be PUBLISHED in at
independent sectoral party, and least 2 NP of GC and, after due
is linked to a political party notice and hearing, be resolved w/in
through a coalition. 15 days and in no case later than 60
C. Sectoral Parties may either be days before election.
“marginalized and underrepresented” or  Upon registration, the political group
lacking in “well-defined political shall submit to the COMELEC not
constituencies”. later than 45 days before
election, at least 5 names from w/c
 its representatives may be elections for the constituency in which it
chosen in case it obtains the has registered (UNCONSTI!)
required no. of votes.
- Under the law, the names of the PL BANAT V. COMELEC. “For every 4 district
nominees shall not be shown on the rep, there shall be one party-list rep”.
certified list of participants in the PLS to Hence, there is no need for legislation to
be distributed by the COMELEC among create an additional party-list seat
all precints (Conflict: Duty of the whenever 4 additional legislative districts
COMELEC to disclose and release the are created by law. – Automatic creation of
names of the nominees of the PL additional party-list seat.
groups. - BASA PA MORE!!!!!
 Only persons who have given their
consent in writing may be named as PL QUALIFICATIONS:
candidates, and in one list only. Persons Sec 6.”No person shall be a member
who lost in the immediately preceding of the HR unless he is a NBC of the PH
election are INELIGIBLE. and, on the day of the election, is at
 Nominee of the youth sector must at least 25, able to R & W, and except
least be 25 but not more than 30 on the PLR, a registered voter in the
the day of the election. (Amores v. district in which he shall be elected,
HRET 2010) (hindi na youth ang resident thereof for a period of not
31!) less than 1 year immediately
 “No officer or employee in the CS preceding the day of the election”.
shall engage directly or indirectly
in any electioneering or partisan
political campaign”
 No change of names or alteration of the
order of nominees shall be allowed after  In addition, the PLR must be a bona
it has been filed EXCEPT:EXCLUSIVE!!! fide member (belong/ advocate) of the
(Death, withdraws in writing, party he seeks to represent at least 90
incapacitated-nominee), in w/c case days before the election day.
the name of the substitute shall be  Residence:
places last in the list. a. DR must be in the district, not in the
 Incumbent sectoral reps in the HR who province comprising the district, for 1
are nominated in the PLS shall not be year immediately before the election.
considered resigned. - Ensure familiarity with the conditions
 Participants in the PLS shall be ranked and problems of the constituency
according to the no. of votes they sought to be represented.
received, w/ those getting at least 2% of b. PLR must be a resident of the PH,
the total votes cast for the system to be and not any particular district for a
entitled to one seat/each. NONE OF period of at least 1 year immediately
THEM SHALL HAVE MORE THAN 3 before the election.
SEATS.  RA 9225- Citizenship Retention and
 DISQUALIFIED: Reacquisition Act of 2003.
a. Religious Sec; - NBF citizens who have been, or
b. Foreign Parties; intended to be naturalized in a
c. Parties w/c receive support from foreign country, shgall upon taking
FOREIGN POLITICAL PARTY; the oath of allegiance, be deemed
d. Ceased to exist for at least 1 year to have reacquired, or shall retain
e. Failed to participate in the last 2 their PH Citizenship. “Not to have
preceding elections. lost their PH citizenship”.
Sec 6. Failure to obtain at least 2% of the - Unmarried child, below 18 yrs. of those
votes cast under PLS in the 2 preceding who reacquire PH Citizenship upon
 effectivity of this Act shall likewise be Purpose: Synchronize Election, which in the
deemed citizens of PH. case of the Senate are held every 3 year
- For those running for public police - interval; Pres & VP every 6 years.
“make personal and sworn renunciation  Local Officials 3 years.
of ANY AND ALL FOREIGN a. Abundo v. COMELEC (2013) Rules
CITIZENSHIP= Ceases to be a dual in connection with the consecutiveness
citizen. of terms and involuntary interruptions
- Right to VOTE or be ELECTED/ thereof in connection with the
APPOINTED to any public office application of the rules on their terms
CANNOT be exercised by or extended for elective offices both under the Consti
to those who are CANDIDATES for or and other pertinent law.
occupying any PUBLIC OFFICE in the  PERMANENT VACANCY- Elective
country of which they are naturalize or position and the official merely
are in active service as commissioned assumed (rule on succession),
or non-commissioned officers in the then his service for the UNEXPIRED
armed forces of the country of which PORTION= X Full term as
they are nationalized citizens. contemplated under the subject
- A NBC who either retains or reacquired constitutional and statutory provision
his aforesaid citizenship upon taking that service cannot be counted in
the second oath of allegiance where he, the application of any term limit.
this time, makes a personal and sworn *If the official runs again for the
renunciation of any and all foreign same position he held prior to
citizenship. his assumption of the higher
 Assailing one’s citizenship according to office, then his succession to
CA 473 may be done only BY THE said position is by operation of
STATE, through its representation law and is considered an
designated by the Statute. INVOLUNTARY SEVERANCE or
- X PRIVATE PERSON INTERRUPTION.
 Right to vote Resided PH (1yr) ***  An elective official, who has served
 Place to vote (6mos) for 3 cons. Terms and who did not
***Exception: Section 2, ART V. “Absentee seek the elective position for what
Voting for qualified voters abroad”. could be his 4th term, but LATER
WON in a RECALL ELECTION, had
a. Nicolas v. COMELEC. SC upheld the an interruption in the continuity of
right to be registered as a voter of a the official’s service. (From end of his
DUAL CITIZEN who was then concededly term- recall election he had become
a NON-RESIDENT of PH. Reiterated the a private citizen)
ruling in “Macalintal v. COMELEC- NR  Abolition of an elective local office
to vote under the Oversees Absentee (Conversion Muni- City) X=
Voting Act. There is no provision in the Interruption of the incumbent
Dual Citizen Law (RA 9225) requiring official’s continuity of service.
duals to actually establish residence and  X= Preventive Suspension.
physically stay in the PH first before Elective officer’s continued stay and
they can exercise to vote. DUALS SAME entitlement to the office remain
AS OVERSEES. The goal of RA 9189 is unaffected although he is barred
to enfranchise as much as possible from exercising the functions of his
all who, save for the residency office during this period.
requirements exacted of an  Candidate- Proclaimed Winner and
ordinary voter under the ordinary assumes office is later on ousted
conditions, are qualified to vote. from office for losing in an election
protest= INTERRUPTION. Thus
TERM (SEC 7. 3 YRS- x 3 TERMS=9 YRS) disenabling him from serving what
would otherwise be the unexpired
 portion of his term of office had the approval has been UNCONSTI
protest been dismissed. since it is made available w/o
 The interruption need not be for a awaiting the expiration of the FULL
full term of 3 years or for the major TERM of ALL MEMBERS of the
part of the 3-year term; an SENATE and the HR approving such
interruption FOR ANY LENGTH of increase. (Phil Cons Assoc v.
time, provided the cause is Gimenez)
INVOLUNTARY, is sufficient to break
the continuity of service. PARLIAMENTARY IMMUNITIES
 Defeated in an election protest and Sec 11. “xx offenses punishable by X 6
said decision becomes final after he yrs. of imprisonment, be privileged
had served the full term for said from ARREST while the Congress is in
office, then his loss in the election session. No member shall be
protest X= INTERRUPTION since he questioned nor held liable in any other
has managed to serve the term from place for ANY SPEECH or DEBATE in
start-finish. Nullification of his the Congress or in any committee
proclamation came after the thereof.
expiration of the term.
 2 KINDS OF IMMUNITIES
ELECTION- 2ND MONDAY of May. a. Immunity from arrest ensure
 Every 3 years, ALL the members of the representation of the constituents of the
HR and ½ of the senate are up for mem of the Cong by preventing
election, or re-election if still allowed. attempts to keep him from attending its
 Filling up of vacancies for the sessions.
unexpired portion through SPECIAL b. Privilege of Speech and Debate To
ELECTION is not necessary if the vacany express views bearing upon public
pertained to seat occupied by a PLR in interest w/o fear of accountability
which case, the same would be filled outside the halls of the legislature for
up by the next rep from the list of his inability to support his statements
nominees in the order submitted to with the usual evidence required in
the COMELEC who shall serve for the court. “On matters to be divulged for
Unex term. If the list is exhausted, the public good”
submit additional nominees.
I- PRIVILEGE FROM ARREST
SALARIES (ART 6) “Session” does not refer to the day-to-
Sec 10. “xx determined by law. No day meetings of the legislature but to the
increase in said compensation shall take ENTIRE PERIOD. (INITIAL CONVENING -
effect until after the expiration of the FINAL ADJOURNMENT.)
FULL TERM of ALL MEMBERS of the
SENATE and the HR approving such II- PRIVILEGE FROM SPEECH & DEBATE
increase. “ 1. Remarks must be made while the
legislature is in congress; and
Sec 20. “Records and book of account of 2. They must be made in connection with
the Congress shall be preserved and be the discharge of official duties.
open to the public xx audited by the COA (Coffin v. Coffin)
which shall publish annually an itemized a. Jimenez v. Cabangbang “Congress
list of amounts paid to and expenses was in recess and in his private
incurred for each member xx” capacity”
 No prohibition against receipt of
allowances by the members of the  NOT ABSOLUTE. The rule provides that
Congress. the legislator may not be questioned “in
 Law allowing retirement benefits any other place”, which means that he
immediately available upon its may be called to account for his
 remarks by his own colleagues in the necessary to declare his position
Cong itself and, when warranted, vacant.
punished for “disorderly behavior”. a.. Term time during w/c an officer
a. Pobre v. Defensor-Santiago (2009) may claim to hold the office as a
Parliamentary Immunity must not be matter of right.
allowed to be used as a vehicle to b. Tenure period during which the
ridicule, demean, and destroy the incumbent actually holds the office.
reputation of the Court xx nor as armor  NOT EVERY OTHER OFFICE is to
for personal wrath and disgust. It is not be regarded as incompatible w/
an individual privilege accorded to the legislative position, (Ex.
individual members of the Cong for their Membership in the Electoral
personal benefit, but rather for the Tribunals.) or if it can be shown that
people and the institution that the 2nd office is an EXTENSION OF
represents them. THE LEGISLATIVE POSITION/ in aid of
legislative duties. (ex officio mem in
CONFLICT OF INTEREST the UP Board of Regents, Treaty
Sec 12. All members of the Senate and the Negotiators)
HR shall, upon assumption of office, make
FULL DISCLOSURE of their financial Forbidden Office Legislator cannot be
and business interests. They shall notify appointed to any office which may have
the house of a potential conflict of interest been created or the emoluments thereof
that may arise from the filing of a increased during the term for which he was
proposed legislation of which THEY elected.
ARE AUTHORS.  Prevent trafficking in public office.
Future security at the expense of the
 Prevent their potential for self- public service.
aggrandizement and from using their  X APPLY to Elective positions which
official positions for ulterior are filled by the voters themselves.
purposes.  The appointment of the mem of the
Cong to the forbidden office is not
INCOMPATIBLE OR FORBIDDEN allowed only DURING THE TERM for
OFFICES which he was elected, when such
office was created or emoluments
Sec 13. xx may hold ANY OTHER OFFICE were increased. After such term,
xx without forfeiting his seat. Neither shall and even if the legislator is re-
he be appointed to any office which may elected, the DQ no longer applies.
have been created or the emoluments
thereof increased during the term for which INHIBITIONS AND DISQUALIFICATIONS
he was elected. Sec 14. xx NO xx may personally
appear as counsel before any court or
Incompatible offices prevent him from before the Electoral Tribunals or QJ and
owing loyalty to another branch of gov’t, to other Admin Bodies. Neither shall he,
the detriment of the independence of the directly or indirectly, be interested
legislature and the doctrine of SP. financially** in any contract with, or in
 PROHIBITION IS NOT ABSOLUTE. any franchise or special privilege granted
What is not allowed in the by the Gov’t/any other pol subd/
simultaneous holding. Any instrumentality thereof, including any
legislator may hold another office GOCC, or its subsidiary, DURING HIS
provided he forfeits his position in TERM OF OFFICE. He shall not intervene
the Congress. Forfeiture of the seat in any matter before any office of the Gov’t
or cessation of his tenure, shall be for his pecuniary benefit or where he may
automatic upon the holding of the be called upon to act on account of his
incompatible office. No resolution is office”
 members. Each house shall choose such
 Appearance of the legislator is now other officers as it may deem necessary”
barred before ALL COURTS OF
JUSTICE.  Pres and Speaker do not have a fixed
 Prevent legislator from exerting term and may be replaced at any
undue influence upon the body time at the pleasure of a majority
where he is appearing. vote of all the members of their
(Lawyer- legislator may still engage respective chambers.
in the practice, thru some other  Other officers usually chosen:
member of his law office.) 1. Pres pro tempore
**Not EVERY CONTRACT IS BARRED. Only 2. Speaker pro tempore
those contracts w/c legislators expects to 3. Majority and Minority floor leaders
derive some PROFIT at the expense of the 4. Chairmen of the various standing
gov’t. and special committes
5. Secretary and sergeant @ arms*
SESSIONS (non-members of the legislative)
Sec 15. “xx convene once every year on
the 4th Monday of July for its regular QUORUM
session, unless a different date is fixed by
law, and shall continue for such number of “x x MAJORITY of EACH house x x to do
days as it may determine until 30 days business, BUT a SMALL NUMBER may
before the opening of its next regular adjourn from day to day and may
session, exclusive of Saturdays, Sundays compel the attendance of absent members
and Legal Holidays. The president may call in such manner and under such penalties,
a special session at any time.” as such house may provide x x
- A mandatory recess is prescribed for the
30-day period (minimum no. may be Quorum no. sufficient to transact
extended by the Cong in its discretion) business which may be less than the
before the opening of the next regular majority of the membership of the
session, excluding Saturdays, Sundays membership. (Majority of Each House)
and Legal Holidays. a. (Avelino v. Cuenco)
Calling of Special Session by the Pre is  (Petitioner) Senate President adjourned
NOT NECESSARY: the session moto propio and walked out,
a. Cong meets to canvass the presidential leaving 12 other members who
elections continued meeting and replaced him
b. Pres and VP are both vacated with respondent as Acting Pres.
c. Impeachment Pro particularly when the Petitioner filed quo warranto against
Pres is the respondent himself. responding contending that he had not
a. Araneta v. Dinglasan. SC been validly elected because 12 mem
distinguished Regular and Special does not constitute a majority (quorum
Sessions. of 24 senators).
1. Special Cong may consider SC: “12 members were sufficient, being a
“general legislation or only such MAJORITY OF 23, not 24. The reason was
subject as the Pres may designate” that 1 senator was then in the US and
2. Regular Power of Cong is not therefore outside the coercive jurisdiction
circumscribed except by limitations of the smaller number of members who
imposed by organic law. could “adjourn from day to day and may
compel the attendance of absent members
OFFICERS in such manner and under such penalties,
Sec 16 (1) “xx Senate shall elect its as the Senate may provide”.
President and the HR its Speaker, by a
MAJORITY OF VOTE of all its respective b. (Datu Michael Abas Kida v. Senate
of the PH, 2011) SC nullified a law
 which requires 2/3 vote of all members laws by which the PH gov’t was brought
of the Cong for imposing more than into existence, to interfere w/ the
what the Consti requires. It gives the legitimate power and functions of the
law the character of being legislative.
“IRREPLACEABLE”. In effect, it b. VAT Case. (Tolentino v. Secretary
significantly constrict the future of Finance)
legislators’ room for action and “Enrolled copy of a bill is conclusive not
flexibility. only of its provisions but also of its due
enactment. It does not persuade us to
DISCIPLINE OF MEMBERS (ART 6, 3) look behind the proceedings of a co-
equal branch of the gov’t.
“x x Concurrence of 2/3 of ALL its c. Astorga v. Villegas. EB was
MEMBERS, suspend, or expel a Member. A discovered to have included other
penalty of suspension, when imposed, shall provisions that had in fact been
X exceed 60 days” rejected. Upon learning, both Senate
-Unless such rules violated fundamental or P and Pres withdrew their
individual rights, the exclusive discretion signatures from the EB. According
of each house to formulate and interpret to petitioner, in case of conflict b/w
may not be judicially reversed. (Unless enrolled bill and journal= EB shall
there is non-compliance with procedural prevail.
matters= JUSTICIABLE) X= SC. It had the authority to verify the
-What constitutes “disorderly behavior” is real content of the Approved Bill as
the prerogative of the Cong and cannot reported in the Journal. The reason was
as a rule be judicially reviewed. that there was actually no enrolled bill
tom speak of in view of withdrawal of
JOURNALS signatures of SP and P.
Enrolled Bill duly introduced, passed by
“Each house shall keep a Journal of its both H, signed by the proper officers and
proceedings, and from time to time publish approved by the P.
the same, excepting such part= National Journal Resume or minutes of what
Security and the yeas and nays on any transpired during the session. Transcript of
question shall, at the request of 1/5 of the the proceeding during the session.
Members present, be entered in the
Journal. d. League of Cities in the PH v.
Each house shall also keep a record of its Comelec. Hearings and deliberations
proceedings. “ during a previous Congress cannot be
Journals Record of what is done and past used to interpret bills specified into law
in a legislative assembly. in the next/ subsequent Congresses.
a. Authenticating the proceedings
b. Interpretation of laws through a study of  The ff. are required by the Consti to
the debated held thereon be recorded in the journal:
c. Informing the public of the conduct of 1. Votes w/ respect to the consideration of
their legislators. bills on 3rd reading.
2. Recording of the objections of the Pres
- Publication of journals is in line with the when he vetoes a bill as well as the
right to information on matters of public votes cast by the members of each
concern. house in their reconsideration of a bill
vetoed by the Pres
a. (US v. Pons) SC refused to go beyond 3. Vote of each member of the HR
the recital in the legislative journals, regarding the Articles of Incorporation
which it held to be conclusive on the proposed by its committee that hears an
Courts. To do otherwise, it would violate impeachment complaint.
both the letter and spirit of the organic
 ADJOURNMENT is in the highest interest as evidenced
(5) “Neither House during the by its being expressly imposed by the
sessions of the Congress shall, Consti.
without the consent of the other, - ET although predominantly legislative in
adjourn for more than 3 days, nor to membership is regarded, in the
any other place** than that in which discharge of their duties, independent of
the 2 Houses shall be sitting.” the legislature, and also of other
 There is need for constant contact and departments.
consultation b/w the 2 bodies it is - Decision rendered by the ET in the
necessary that there be prior agreement contests of which they are the sole
before either of them decides to adjourn for judge, are NOT APPELABLE to the SC
MORE THAN 3 days. except in cases where there is a clear
**Refers not to the building but to the showing of G-A-D.
political unit where the 2 houses may be  GAD must be established by a
sitting. Hence, if both houses are sitting in clear showing of arbitrariness
the same building in the City of Manila, and improvidence.
either of them may sit in another building
in the same city w/o getting the consent of b. Bondoc v. Pineda- As judges, the mem
the other. of the ET must be NON-PARTISAN.
Hence, disloyalty to party and breach of
ELECTORAL TRIBUNALS ( 9: 3-6) party discipline are not valid grounds for
the expulsion of a mem of the Tribunal.
Sec 17. “S and HR shall each have an
Electoral Tribunal which shall be the sole -Jurisdiction of an ET begins once a
judge of all contests relating to the winning candidate has been
election, returns, and qualifications of proclaimed, taken his oath, and
their respective members. Each ET shall assumed office, for it is only after
be composed of 9 members, 3 of whom the occurrence of these events that
shall be Justices of SC to be designated by a candidate can be considered as
the CJ, and the remaining six shall be the either member of S or HR.
members of the Senate or HR, who shall be  “The proclamation of a candidate
chosen on the basis of proportional following the election DIVESTS
representation from the political parties/ COMELEC of Jurisdiction over
orgs registered under the PLS represented disputes relating to election, returns
therein. The Senior Justice in the ET= and qualifications of the proclaimed
Chairman.” winner-candidate. – Remedy
 Favors multi-party system. Electoral Protest before the
a. Tanada v. Cuenco. The right to Electoral Tribunal.
nominate to the legislative seats in the
ET belonged to the majority and c. Reyes v. COMELEC (2013)
minority parties in the chamber, Jurisdiction of HR begins only after the
not to the chamber itself or to the candidate is considered a member of
majority party therein if the minority did the HR.
not make its own nomination. To be considered a member:
a. Abbas v. Senate Electoral Tribunal. (Concurrence of all)
The proposed mass DQ (reason: a. Valid Proclamation
legislative members of the ET were b. Proper Oath Taken before the
among the protestees in the subject Speaker in “open session”: the 4th
protest where petitioners were the Monday of July.
protestants), if sanctioned would leave OBSERVATIONS:
the tribunal no althernative but to 1. Term of office commences only
abandon a duty that no other court/body at noon of June 30, it would
can perform, the performance of which seem that said oath cannot be
 done prior to said date, as the Sec 19. ET and COA shall be constituted
terms of their predecessors w/in 30 days after the S and HR shall have
would, before said time and date, been organized with the election of SP and
have not yet expired. Speaker. The COA shall meet only while the
2. How can the HR convene and validly Cong is in session, at the call of its
hold an “open session” when it would be chairman or a majority of all its members.
only during said “open session” that xx
they can validly take their “proper
oaths?” - The rue that COA shall meet only while
o How can the newly elected the Cong is in session is the reason why
members constitute ad interim appointments are permitted.
themselves a quorum when, These appointments are made during
upon the convening of the recess, subject to consideration later by
Congress, they would not yer the COA, for confirmation or rejection.
need to take their oath, and it - Ad interim appointments shall be
would only be after they shall effective only until disapproval by COA
have been properly or until the next adjournment of the
established a quourum can a Cog, referring to the adjournment of the
valid “open session”. regular or special session immediately
c. Assumption of Office following the recess when said
- At present, filing of election protests and appointments were made.
petitions for Quo warranto shall be filed - But where the Cong is in session, the
within 15 days from the proclamation of President must first clear his
the winning candidates. Said 15 days nominations with the COA, w/c is why it
would expire before noon of June 30. must be constituted as soon as possible.
Now what is controlling is the decision in Unless it is organized, no appointment
Banat vs. COMELEC.: Jurisdiction begins can be made by the Pres in the
from proclamation. meantime.
- In case of the ET, the reason is obvious.
THE COMMISSION ON Considering the rash of election
APPOINTMENTS contests already awaiting to be filed
later. This is why unlike the COA, ET are
-Limit the president’s appointing power. supposed to continue functioning even
Sec 18. x x COA consisting of the SP, as during the recess.
ex officio Chariman, 12 senators and 12
members of the HR, elected by each CHAPTER 9. POWERS OF THE
house on the basis of proportional CONGRESS
representation from the political parties Classified: Legislative or Non-legislative.
and org registered under the PLS  LEGISLATIVE POWERS includes the
represented therein. The chairman of the specific powers of appropriation,
Commission shall not vote, except in a case taxation and expropriation.
of a tie. The Commission shall act on all  NON-LEGISLATIVE canvass the
appointments submitted to it w/in 30 presidential elections POWERS,
session days of the Congress from their power to, declare the existence of a
submission. The Commission shall rule by state of war, to give concurrence to
majority vote of all the members. x x treaties and amnesties, and to
impeach.
- Ad interim appointments not acted upon
at the time of the adjournement of the  IMPLIED POWERS such as the power
Congress, even if the 30 days period has to punish contempt in legislative
not yet expired= deemed by passed. investigations.
 INHERENT POWER to determine its power, deemed to be legislative by USAGE
rules of proceedings and the discipline and TRADITION, is necessarily possessed
of its members. by Congress, unless Consti has lodged it
elsewhere. “
I- LEGISLATIVE POWER in general
-Power of lawmaking, the framing - Power to grant immunity from
and enactment of laws. This is prosecution has been acknowledged as
effected through the adoption of a essentially a Legislative Prerogative.
bill, once approved, become a “Power of Cong to define crimes and to
statute. provide for their punishment carries the
Statute “the written will of the power to immunize certain persons from
legislature, solemnly expressed according prosecution of crimes with high political,
to the forms necessary to constitute it the social and economic impact.
law of the state”. However, it cannot provide for terms which
would go beyond what the constitution
a. Assoc. of landowners in the Phil v. provides.
Sec of Agrarian Reform. It has since 1. IRREPEALABLE Laws- changed the
been clarified that the legislative power voting requirement for amendment to
is “peculiarly within the province of the 2/3 of vote of the members of the HR
legislature. Neither Martial Law nor a and Senate voting separately.
State of E can justify the President’s (Interferes with the plenary powers of
exercise of LP by issuing decrees”. the Congress)
2. Create a new term and appoint the
The power to make laws includes the power occupant of the position for the new
to alter and repeal them. term= Intrusion of the appointment
a. Gonzales v. Hechanova : (EA vs. power of the Cong.
Statutes) 3. Cannot grant legislative franchise for
Pres Macapagal entered into 2 EA for the the operation of Pus w/c shall be
importation of cereals w/o complying with a exclusive in character and w/c shall not
statutory requirement for the prior be subject to
obtention from thr NEC of a certification of amendments/alteration/repeal when the
a shortage of cereal. common good so requires.
SC- “Statute should prevail. The executive
may not interfere in the performance of the - Laws in general have NO RETRO
LP of the legislative except in the exercise EFFECT,especially when it will
of the veto power. He may not defeat result in an impairment of a right
legislative enactments by indirectly unless the contrary is provided. Statues
repealing the same through an EA can be given retroactive effect when the
providing for the performance of the very law itself so expressly provides; in
act prohibited by such laws.” case of remedial statutes; in case of
curative statutes; in case of laws
b. Datu Michael Abas Kida v. Senate interpreting others; and in case of
of the Phil. laws creating new rights.
“Subsequent laws that do not change or
revise any provision in an earlier law, and PROCEDURE (Approval of Bills)
which merely fill in gaps or supplement 1. INTRODUCTION. 
said earlier law, cannot be considered - Bill is introduced by ANY MEMBER of the
as amendments of the latter” HR or the S except for some measures
that must originate in the former
c. League of the Cities of the PH v. chamber.
COMELEC 2. READING
“Legislative body possesses PLENARY a. First Reading- involves a reading of
POWERS for all purposes of civil gov’t. Any only a reading of the NUMBER and
 TITLE of the measure and it REFERRAL valid as an act of the legislature
by the SP or the Speaker to the proper department.
committee for study.  Whatever changes may be agreed
 The bill may be “killed” in the upon NEED NOT UNDERGO another “
committee or it may be recommended 3 readings” in the Senate and the
for approval, w/ or w/o amendments, HR.
sometimes after public hearings are first - The bill is enrolled when it is approved
held thereon. If there are other bills by the CONGRESS, authenticated with
of the same nature/purpose= the signatures of the S, SP, Sec of each
consolidate into one bill under chamber, and approved by the Pres.
common authorship OR AS A
COMMITTEE BILL.

Once reported out, the bill shall be

calendared for 2nd reading
b. Second Reading- Bill is read in its ORIGIN OF THE BILLS (exclusive: HR but
ENTIRETY, scrutinized, debated upon S may propose / concur with amendments.
and amended when desired. MOST a. Appropriation Bill
IMPORTANT in the passage of a bill. b. Revenue Bill
- Once the Bill is approved on second c. Tariff Bill
reading is printed in its final form and d. Bill increasing Public Debt
copies thereof are distributed at 3 days e. Bill of Local Application
before the 3rd reading. f. Private Bill

c. Third Reading- members merely vote 1. APPROPRIATION Release of funds

and explain them if they are allowed by from the public treasury.
the rules. NO FURTHER DEBATE is 2. REVENUE Levies taxes and raises
allowed. funds for the gov’t.
- Once the bill passes 3 rd reading, it is 3. TARIFF Specifies the rates or duties
sent to the other chamber where it will to be imposed on imported articles.
undergo the 3 readings. 4. B. INCREASING PD illustrated by one
- No amendment after 3rd reading. floating bonds for public subscription
 If there are differences b/w the redeemable after a certain period.
versions approved by the 2 5. B. local app purely local or
chambers, a CONFERENCE municipal matters, like a charter of a
COMMITTEE representing both city
houses will draft a compromise 6. PRIVATE BILLS- A bill granting
measure that, if RATIFIED by the honorary citizenship to a distinguished
Senate and HR, will then be foreigner.
submitted to the President for his
consideration. - The ff. are supposed to be initiated by
Conference Committee is allowed by law the HR because it is more numerous
to include in its report an entirely new in membership and therefore also
provision that is not found either in the more representative of the people.
House Bill or in the Senate Bill. Members are presumed to be more
 “Amendment in the nature of a familiar with the needs of the country
substitute”, so long as such in regard to the enactment of the
amendment is germane to the legislation involved.
subject of the bill before the - Senate is, however, allowed much
committee. After all, its report was leeway in the exercise of its power to
not final but needed the approval of PROPOSE or CONCUR with amendments
both houses of Congress to become to the bill initiated by the HR.
 “amendment by substitution, which order that they may have the
may entirely replace the bill” opportunity of being heard thereon, by
- So long as the initiative must come from petition or otherwise, if they should so
the HR. desire.

PROHIBITED MEASURES The title need not be a complete

- Owing to the nature of our gov’t, such catalogue of a bill.
as those impairing the doctrine of SP or 1. “It is sufficient that it place the
providing for the appointment of legislature and the people on their
elective officials. guards as to the number of varied if
- Specific Prohibitions in the Bill of Rights related subjects the measure
against the enactment of ex post facto embraces”.
laws, bills of attainder, or laws impairing 2. Title expresses the general subject and
the obligation of contracts. all the provisions are germane to the
general subject.
Sec 31.”No law granting a title of royalty 3. BANAT v. COMELEC. “Title is
or nobility shall be enacted. “ comprehensive enough to include
- Preserve the republican and democratic subjects related to the general purpose
nature of our society. “Privilege which the statute seeks to achieve. The
classes”. “Sovereignty resides in the title of a law does not have to be an
people as a whole w/o distinction as to index of its contents and will suffice if
birth or lineage. the matters embodied in the text are
Sec 30. “No law shall be passed increasing relevant to each other and may be
the appellate jurisdiction of the SC w/o its inferred from the title.
advice or concurrence.” 4. COMELEC v. Cruz 2009. “To achieve
- Prevent further addition to the present synchronization of the barangay and SK
tremendous case load of the SC. elections, the reconciliation of the
However, such legislation may be varying lengths of the terms is
enacted provided SC itself is consulted necessary.
and gives its concurrence. - In any case, a title must not be “ so
uncertain that the average person
TITLE OF BILLS reading it would not be informed of the
“Every bill passed by Congress shall purpose of the enactment or put on
embrace only one subject which shall inquiry as to its contents, or which is
expressed in the title thereof” misleading”

The purpose of this rule are: FORMALITIES [Art 6, 26(2)]

a. Prevent hodgepodge or log-rolling (2) “No bill passed by either House become
legislation. a law unless it has passed 3 readings on
- “ Any act containing several separate days, and printed copies thereof
subjects dealing with unrelated in its final form have been distributed to its
matters representing diverse members 3 days before its passage,
interest, the main object of such except when the Pres certifies to the
combination being to unite the necessity of its immediate enactment
members of the legislature who favor to meet a public calamity or
any one of the subjects in support of emergency. Upon the last reading, no
the whole act; amendment thereto shall be allowed, and
b. To prevent surprise or fraud upon the vote thereon shall be taken
legislature; immediately thereafter, and the yeas and
c. To fairly apprise the people, through the nays entered in the Journal.”
such publications of its proceedings as
are usually made, of the subjects of **The determination by the President as
legislation that are being considered in the existence of a “public calamity” or
“emergency” constitutes essentially a Executive. Assuming that Legislative
political question. Veto is a valid Legislative Act with the
force of law, it cannot take effect w/o
**The bill calling for a special election such presentment even if approved by
“after the vacancy in the offices of the Pres both chambers.
and VP” shall be deemed certified. - Provision requiring that the IRR of a law
be subjected to approval of Cong is
APPROVAL OF BILLS (Art 6, Sec 27) UNCONSTI for violating doctrine of SP. –
Implementation/ Enforcement of law is
3 methods: (Sign, Overridden, charged to the Executive Branch.
Inaction)
a. President signs it a. MACALINTAL v. COMELEC.
b. Pres vetoes it but the veto is CONGRESSIONAL OVERSIGHT. “Power
overridden by 2/3 vote of ALL of oversight of the Congress embraces
members of EACH HOUSE. all activities to enhance its
c. Inaction by the Pres w/in 30 days understanding of and influence over the
after it shall have been presented to implementation of legislation it has
him. enacted. It concerns POST ENACTMENT
MEASURES to make sure that the admin
SIGNING Pres identifies himself w/ it and agencies (executive) perform their
indicates his approval of its purposes and functions w/in the authority delegated to
provisions. them. “

VETO upon any ground sufficient for him. LEGISLATIVE INQUIRIES

(Unconsti, Inefficacious, unwise). In every
case, he should, in returning the Sec 21. “S or HR or any of its respective
measure to the House of origin, indicate committees may conduct inquiries in aid
his objections- “veto message” so that of legislation* in accordance with its duly
the same can be studied by the mem for published rules procedure*. The rights of
possible overriding of his veto. persons appearing in or affected by such
- 2/3 of each house will be sufficient to inquiries shall be respected”.
invalidate the veto and convert the bill
into law. “Power of inquiry” granted not only to
- Cong may agree with the Pres the S or HR, but also to ANY OF THEIR
objections and decide to revise the RESPECTIVE COMMITTEES.
measure as he suggests. - Implied from the express power of
 PARTIAL VETO? legislation.
GR: Pres must approve or veto in toto. - In fact a limitation to the conduct of
Exception: Appropriation, Revenue, Tariff legislative inquiries.
Bill. Any particular item/s of which may be - *In aid of legislation, whether it be
disapproved w/o affecting the item/s to under consideration already or still to be
which he does not object. drafted.
- *Rules of procedure must have been
INACTION Method employed whenever published in advance for the information
the pres, while not convinced of the and protection of the witnesses.
necessity or validity of the measure, is a. Neri v. Senate Committee on
nonetheless unwilling to disapprove it. Accountability of Public Officers
(Pres believe that its constitutionality rests and Investigations
not w/ him but w. the judiciary: Bar  “It is incumbent upon the Senate to
Flunkers Bill). publish the rules for its legislative
inquiries in EACH CONGRESS or
- From this, in could be inferred that “law- otherwise make the published rules
making” is a joint act of legislature and clearly state that the same shall be
 effective in subsequent Congress or
until they are amended or repealed APPEARANCE OF DEPARTMENT HEADS
to sufficiently put public on notice”
RIGHTS W/C MAY BE INVOKED Sec. 22. “The heads of departments may
AGAINST THIS POWER” upon their (1) own initiative, with the
a. President’s Executive Privilege- but consent of the President, or upon the
“only in relation to certain types of (2) request of either house, as the rules
information of a sensitive of each House shall provide, appear before
character”. BUT this would not serve and be heard by such House on any
to automatically exempt executive matter pertaining to their
officials from the duty to disclose departments. Written questions shall be
information by the mere fact of their submitted to the SP or Speaker at least 3
being executive officials. days before their scheduled appearance.
b. Fiscal autonomy and constitutional Interpellations shall not be limited to
independence of the Judiciary. written questions, but may cover matter
B.1. The “subjudice rule”- restricts related thereto. When the security of the
comments and disclosures pertaining to State or public interest so requires
judicial proceedings to avoid prejudicing and the Pres so states in writing, the
the issue/ influencing the court or appearance shall be conducted in
obstructing the administration of justice. executive session. “
c. Right to privacy and Self-incrimination.
Limitation: Pertains to his official  Enable the Congress to obtain
function. information from the dept secretaries on
the manner they are implementing the
- The subject of legislative inquiry is a laws it has enacted and also on matters
POLITICAL QUESTION, and the mere related to pending or prospective
filing of a criminal or administrative legislation, usually recommended by the
complaint before a court/ QJB should administration itself.
not automatically bar the conduct of “Sec 21 and 22, although closely related
legislative investigation. should not be considered as pertaining to
- Failure to attend a legitimate legislative the SAME POWER. Sec 21 relates to the
investigation= Legislative Contempt: power to conduct inquiries in AID OF
Imprisonment. LEGISLATION, the aim of which is to elicit
How long? information that may be used for
Senate INDEFINITELY, so long as it legislation, while Sec 22 pertains to the
does not violate due process. power to conduct a question hour, the
HR Until final adjournment of the objectives of which is to obtain
body. information in pursuit of Congress’
a. Arnault v. Nazareno- Petitioner was oversight function. OBJECTIVES ARE
incarcerated by the Senate until such DIFFERENT.
time as he decided to answer certain
relevant questions. - In sec 22, the Congress merely seeks to
- Questions that may be raised by the be informed on how DH are
legislative need implementing the statutes which it
- ]not be relevant to any PENDING has issued, its right to information is
legislation, provided only that they are not as imperative as that of the pres
RELEVANT to the subject matter of to whom, such DH as matter of duty
the investigation being conducted. must give report. It is in keeping with
Such investigation may result in the the doctrine of SP since it merely
submission of proposed legislation REQUEST their appearance.
based upon the findings of the - In sec 21, if the Congress request their
investigating committee. appearance to make inquiries in AID OF
 LEGISLATION, the appearance is vouchers and subject to such guidelines
mandatory. as may be prescribed by law”
3. Art 6, Sec 25.(4). “A special
THE POWER OF APPROPRIATION (Art 6, appropriation bill must (1) specify the
sec 29) purpose (2) supported by funds actually
“No law shall be paid out of the treasury available and certified by the National
except in pursuance of an appropriation Treasurer, to be raised by a
made by law” corresponding revenue proposal
included therein.”
a. Nazareth v. Villar. DOST released 4. In re GAA: “ The Cong may not
funds despite its absence in the GAA. increase the appropriations
Upon its receipt of notice of recommended by the Pres for the
disaalowance from the COA, it obtained operation of the gov’t as specified in the
authority from the Office of the Pres to budget”
use said agency’s savings to cover the - Pres knows more about the needed
said amount and used the same for appropriation than the legislature
purposes of requesting the COA to lift - No prohibition to REDUCE. Except:
the notice of disallowance. JUDICIARY
SC- “Art 6, Sec 29 requires that the GAA - The budget is only a proposal. Used as a
be purposeful, deliberate and precise in basis for the enactment of the GA law,
its provisions and stipulations. “x x Any which is the measure that authorize
Fund must be proposed by the release of public funds from the
officials/agency for submission to and treasury.
consideration by the Cong x x ” 5. Art 6, Sec 29 (2). “ No provision/
enactment shall be embraced in the GA
Appropriation(measure) a statute the Bill unless it relates specifically to some
primary and specific purpose of which is to particular appropriation therein. Any
authorize the release of public funds from such provision/ enactment shall be
the treasury. (ex GAA) limited in its operation to the
X= Law creating an office and providing appropriation to which it relates”.
fund thereof. Main purpose is the creation - Prevent “riders” or irrelevant provisions
of the office and release of fund is merely that are included in the GA Bill to ensure
incidental. approval.
a. General passed annually and is What if rider is included in an Ordinary
intended to provide for the financial Bill? The appropriate provision to be
operation of the entire gov’t during invoked is Art 6, Sec 26 (1)- 2“Every bill
one FY. must embrace only one subject to be
b. Special specific purpose. Ex. Creation expressed in the title”
of a fund for the relief of typhoon
victims. 6. “No law shall be passed authorizing
any transfer appropriations;
A. IMPLIED LIMITATIONS: however, the
1. Public purpose. Main purpose and not (EXCLUSIVE )President, SP,
merely incidental. Speaker, CJ and Heads of ConCom
2. Sum authorized to be released must be may, by law, be authorized to
DETERMINATE/ Least determinable. augment any item in the GAL for
their respective offices from
B. CONSTITUTIONAL LIMITATIONS: savings in other items of their
1. Bill exclusive to HR. respective appropriations.”
2. Art 6, Sec 25. “Discretionary funds  However, transfers of savings in one
appropriated for particular official shall department from one item to another in
be disbursed only for (1) public purpose the GAA may be allowed in the interest
to be supported by appropriate of expediency and efficiency. No
 violation of DSP since the transfer is 7. Appropriation of public funds for
made w/in a department and not from SECTARIAN PURPOSES. Art 6, Sec 29
one dep’t to another. (2)
“ x x except if such priest, preacher,
a. Nazareth v. Villar “Such power could minister or dignitary is assigned to the AF,
well be extended to his Cabinet penal institution or gov’t orphanages or
Secretaries as ALTER EGOS under the leprosarium x x “ – serve the gov’t in a non-
doctrine of QUALIFIED POLITICAL ecclesiastical capacity.
AGENCY. “Official acts of a Dept Read in con: Religious freedom and
Secretary are deemed acts of the Pres Doctrine of SP.
unless disapproved or reprobated by  Neutrality of the state in ecclesiastical
the latter. “ matters.
 CONGRESS: “The individual members  Prohibition: Appropriation is intended
of Congress may only determine the purposely to benefit religious insti.
necessity of the realignment of  Does not inhibit the use of public
savings in the allotments for their property for religious purposes when
operating expenses because they the religious character of such is
are in the best position to know merely incidental to a temporary use
whether there are savings available w/c is available indiscriminately to
in some items and whether there are the public in general.
deficiencies in other items of their 8. AUTOMATIC RE-APPROPRIATION
operating expenses that need “ xx If, by the end of the FY, Cong
augmentation. However, it is the SP shall have failed to pass the GA Bill for
and the Speaker who shall approve the ensuing FY the GAL for the
the realignment.” preceding year shall be deemed RE-
a. Pichay v. Office of the Deputy ENACTED and shall remain in force
Executive Secretary for Legal and effect until the GA Bill is Passed
Affairs Investigative and by the Cong. xx
Adjudication Division
“Placed upon the President is the power to 9. SPECIAL FUNDS Art 6, Sec 29 (3)
recommend the budget necessary for the “All money collected on any tax levied
operation of the gov’t. The express for a special purpose shall be treated as
recognition of the GAA of the Pres authority a SF and paid out for such pupose only.
to “direct changes in the organizational If the purpose for w/c the SF was
units or key points in any dep or agency” created has been fulfilled or abandoned,
often includes “the power of the president the BALANCE, if any, shall be
to REORGANIZE THE EXECUTIVE TRANSFERRED to the general funds of
OFFICES/AGENCIES under him, which the Gov’t- for general appropriation in
is even to the extent of MODIFYING the discretion of the legislature”
AND REALIGNING APPROPRIATIONS for
that purpose.
THE POWER OF TAXATION
“He is likewise authorize to AUGMENT - Inherent power and generally vested in
any item in the GAL using the savings in the legislature subject to the ff.
other items of the appropriation for his limitations:
office. He is allowed to transfer any fund 1. Uniform and Equitable. Progressive
appropriated for the diff departments System of Taxation. Public Purpose.
of the Executive w/c is included in the 2. “Charitable Institutions, churches,
GAA, to any program/project of any parsonages, or convents
dept, bureau included in the GAA or appurtenant thereto, mosques,
approved after its enactment.” non-profit cemeteries, and ALL
LANDS A-D-E used for R-E-C shall be
exempt from taxation.  Only REAL
 ESTATE TAXES or ad valorem taxes legislature will have no choice but to
imposed on the PROPERTY ITSELF! baptize”
- Building permit fees are not
charges on property, hence they REFERENDUM and INITIATIVE
are not impositions from which
petitioner is exempt. Sec 32. “The Congress shall, as early
- Donation to a parish priest for the as possible, provide for a system of
construction of a church is subject initiative and referendum, and the
to DONEE’s tax. The tax imposed is exceptions therefrom, whereby the
an excise tax, a tax levied not upon people can directly propose and enact
the church itself but upon the parish laws or approve or reject any act or
priest for the exercise by him of the law or part thereof passed by Cong or
privilege of receiving the donation. local legislative body after the
3. “No law granting any tax registration of a petition therefor
exemption shall be passed w/o the signed at least 10% of the total # of
concurrence of a MAJORITY OF ALL registered voters, of which every
MEMBERS OF THE CONGRESS. “ legislative district must be
- Absolute majority of the ENTIRE represented by at least 3% of the
Congress. Tax exemption represents a registered voters thereof”
withholding of the power to tax and
consequent loss of revenue to the gov’t.  INITIATIVE power of the power to
PROPOSE bills and laws, and to ENACT
THE POWER OF CONCURRENCE or REJECT them at polls, independent
- The constitution requires the of the legislative assembly.
concurrence of the Cong to an AMNESTY - Right to introduce a matter for
and to a TREATY. legislation either to the legislature or
 Ex. Art 7, Sec 19 which authorizes directly to the voters.
the president to grant amnesty with
the concurrence of a majority of all (RA 6735, sec 32)
members of the congress. (Not “Power of the people to propose
membership of each house, okay?) amendments to the Constitution or to
 Art 7, Sec 21 “No treaty or IA shall propose and enact legislation through an
be valid and effective unless election called for the purpose.
concurred in by at least 2/3 of ALL
MEMBERS OF THE SENATE”.  REFERENDUM right RESERVED to
the people to ADOPT OR REJECT any
THE WAR POWERS act or measure which has been
Sec. 23. “Cong, by a vote of 2/3 of BOTH passed by a legislative body and w/c
HOUSES in joint session assembled, in most cases would w/o action on the
voting separately, and shall have the part of the electors become a law.
sole power to declare the EXISTENCE - Method of submitting an important
of a state of war.” legislative measure to a direct vote of
- Existence only and not declaration of the whole people.
war.
- This provision suggests a war already (RA 6735, sec 32)
begun or provoked by the enemy and “Power of the electorate to approve or
the existence of w/c we are only reject a legislation through an election
affirming. WE ARE NOT AGGRESSOR but called for the purpose”
merely reacting to an AGGRESSION.
(Acknowledgment of a state of war) RA 6735
- Although such declaration is the sole act A. INITIATIVE
of the Cong, the Pres may so precipitate Provides for 3 systems of Initiative.
or actually begin hostilities that the
Initiative on the Constitution- Petition TOTAL # OF THE REGISTERED VOTERS
proposing amendments to the Consti. in the Municipality, of which every
SANTIAGO v. COMELEC. SC found RA barangay is represented by at least 3%
6735 incomplete in so far as initiative on of the registered voters therein;
amendments to the Consti is concerned.  A referendum/initiative on barangay
reso/ ordinance is deemed validly
1. Initiative on Statutes- petition initiated if the petition therefor is signed
proposing to enact a national legislation by at least 10% of the TOTAL # OF THE
2. Initiative on Local legislation- REGISTERED VOTERS in the said
Petition proposing to enact a regional, barangay.
provincial, city or municipal or barangay  Within a period of 30 days ff. receipt of
law, a resolution or ordinance. the petition, COMELEC shall, upon
determining the sufficiency of the
 Indirect Initiative Exercise of petition, PUBLISH the same in Fil and
initiative by the people through a Eng at least twice in NP of G&LC and set
PROPOSITION sent to the CONGRESS the DATE OF THE
or Local legislative body for action. INITIATIVE/REFERENDUM which shall
not be earlier than 45 days or later
B. REFERENDUM than 90 days from the determination
2 Classes: of the COMELEC of the sufficiency of the
a. Referendum on Statutes- Petition to petition.
approve or reject an act or law or part  The decision of the COMELEC on the
thereof, passed by Congress. findings of sufficiency/ insufficiency of
b. Referendum on Local law- Petition to the petition is APPEALABLE to the SC
approve or reject an act or law or part w/in 30 days from notice.
thereof, passed a regional assemblies
IF:
and local legislative body.
a. There is compliance: The proposition
HOW: of the enactment/ approval/
 At least 10% of the TOTAL # OF THE amendment or rejection of
REGISTERED VOTERS, of which every NATIONAL LAW has been approved
legislative district is represented by at by a MAJORITY of the votes cast by
least 3% of the registered voters all registered voters of the PH.
thereof, shall SIGN A PETITION for the Effect:
purpose and register with the COMELEC. 1. For: Enactment/ approval/
 A referendum/initiative affecting amendment: The NL proposed for
AUTONOMOUS REGION, province or City shall become effective 15 days ff
is deemed validly initiated if the petition completion of its publication in
thereof is signed by at least least 10% the OG or in NP of GC.
of the TOTAL # OF THE REGISTERED
VOTERS in the Province or City. of which 2. For: Rejection- NL shall be
every legislative district is represented deemed REPEALED and the
by at least 3% of the registered voters repeal shall become effective ff.
therein; Provided however, that if the the completion of publication of
province or city is composed only of one the proposition and the
legislative district, then at least each certification by the Commission
municipality in a province or each in the OG or NPGC.
barangay in a city should be
represented at least 3% of the b. Non-compliance NL remain in full
registered voters therein. force and effect.
 A referendum/initiative on an ordinance c. A National or Local initiative
passed in a Municipality is deemed proposition approved by a majority of
validly initiated if the petition therefor is the votes cast in an election called for
signed by at least least 10% of the the purpose shall become effective 15
 days after certification and their approval w/in 90 days from
proclamation by the Commission. the date of certification by the
COMELEC in case of AR, P/C- 60
- Sec 10 prohibits petition embracing days; M- 45; B-30 days
more than 1 subject from being - If proposition is approved= it shall
submitted to the electorate and take effect 15 days after the
provides that statutes involving certification by the Commission as if
emergency measures, the enactment affirmative action thereon had been
of w/c is specifically vested in the Cong made by the local legis body and the
by the constitution cannot be subject local executive concerned. Failed=
to referendum until 90 days after Proposition is defeated.
its effectivity.
LIMITATIONS:
- Sec 11. Any duly accredited people’s
- The power of local initiative SHALL
organization may file a petition for
NOT BE EXERCISED more than once
indirect initiative with the HR and other
a year! It shall extend only to subjects
legislative bodies. The procedure to be
which are w/in the legal powers of the
followed on the initiative bill shall be the
local legis bodies to enact.
same as the enactment of any
- If at any time before the initiative is
legislative measure before the HR
held, the LLB shall adopt IN TOTO the
EXCEPT THAT the said initiative shall
proposition presented, the initiative
have PRECEDENCE over the pending
shall be cancelled.
legislative measures on the committee.
- Any proposition/ ordinance or resolution
APPROVED through
initiative/referendum shall not be
 LOCAL INITIATIVES:
REPEALED/MODIFIED by the LLB
- Not less than 2K registered voters
w/in 6 mos from the date and may be
in case of Autonomous regions, 1k
AMENDED/MODIFIED or REPEALED by
in case of provinces and cities, 100
the LLB w/in 3 years thereafter by a
in case of Muni and 50 in case of
vote of ¾ of all its members; provided,
barangays, may file a petition with
however, that in case of barangays, the
the Regional Assembly or local
period shall be one year.
legislative body, proposing the
adoption enactment/ repeal/
amendment of any law/
ordinance of reso.
- If no favorable action is made by
local legislative body w/in 30 days
from its presentation, the proponents CHAPTER 10. THE EXECUTIVE
through their authorized rep may DEPARTMENT
invoke their power of initiative,
giving notice thereof to the local Art 7, Sec. 1. “The executive power
legislative body concerned. shall be vested in the Pres of the PH.”
- 2 or more propositions may be
submitted in an initiative. EP power to enforce and administer the
- Proponents; AR: 120 days; P/C- 90 laws. In the exercise of this power, the
days; M- 60; B-30 days from president assumes a plenitude of authority
notice to COLLECT the required no. and corresponding responsibility.
of signatures.
Compliance= [Link] shall QUALIFICATIONS: (Art 7, sec 2)
set a date for the initiative at
w/c the proposition shall be “x x NBC, registered voter, able to R&W, at
submitted to the registered least 40 yrs. of age on the day of election,
voters in the LGU concerned for and a resident of the PH for at least 10
years immediately preceding such  Right to vote Resided PH (1yr) ***
election.” Xx  Place to vote (6mos)
- Exclusive and may not be reduced or ***Exception: Section 2, ART V. “Absentee
increased by the Congress. (Expressio Voting for qualified voters abroad”.
Unius est exclusion alterius)

1. NBC of the PH. ELECTION AND PROCLAMATION: (Art 7,

 Citizen of the PH from birth w/o Sec 4)
having to perform any act to acquire - 2nd Monday of May, unless
or perfect his PH citizenship. He is otherwise provided.
distinguished from the naturalized - Canvass of election returns and the
citizen, who acquires his PH proclamation of winners shall be:
citizenship after birth by any
“x x Election Return (P and VP) duly
modes allowed by law.
certified by the BOC, shall be transmitted
 RA 9225- Citizenship Retention and
to the CONGRESS, directed to the SP. Upon
Reacquisition Act of 2003.
receipt of the certificates of canvass, the
- NBF citizens who have been, or
SP shall:
intended to be naturalized in a
foreign country, shall upon taking Not later than 30 days after election, open
the oath of allegiance, be deemed all the certificates of canvass in the
to have reacquired, or shall retain presence of the S & HR in the joint public
their PH Citizenship. “Not to have session, and the CONGRESS upon
lost their PH citizenship”. determination of the authenticity and due
- Unmarried child, below 18 yrs. of those execution thereof, CANVASS THE VOTES.
who reacquire PH Citizenship upon
effectivity of this Act shall likewise be Winner= Highest Votes; Tie= Chosen by
deemed citizens of PH. the vote of a majority of all members of
- For those running for public police - BOTH HOUSES, voting separately.
“make personal and sworn renunciation ..If still a tie 
of ANY AND ALL FOREIGN
CITIZENSHIP= Ceases to be a dual The SC, sitting en banc shall be the SOLE
citizen. JUDGE of all election contests relating to
- Right to VOTE or be ELECTED/ the election, returns and qualifications of
APPOINTED to any public office the P and VP, and may promulgate its
CANNOT be exercised by or extended rules for the purpose. xx (Art 7, Sec 4)
to those who are CANDIDATES for or
 Congress cannot inquire into or decide
occupying any PUBLIC OFFICE in the
questions of alleged irregularities in the
country of which they are naturalize or
conduct of elections. This is a ministerial
are in active service as commissioned
function. As long as the ER are duly
or non-commissioned officers in the
certified and appear to be authentic.
armed forces of the country of which
they are nationalized citizens. Reason: These are matters appropriate for
- A NBC who either retains or reacquired an ELECTION PROTEST.
his aforesaid citizenship upon taking
the second oath of allegiance where he,  No special session be called by the Pres.
this time, makes a personal and sworn Canvass is mandated by the Consti.
renunciation of any and all foreign  In 2010, SC promulgated a rule
citizenship. establishing PRESIDENTIAL
 Assailing one’s citizenship according to ELECTORAL TRIBUNAL.
CA 473 may be done only BY THE This was challenged in MACALINTAL v.
STATE, through its representation PET on the ff. grounds:
designated by the Statute. a. Illegal and Unconsti for vio. of Art 7, Sec
- X PRIVATE PERSON 4.
b. Vio. of Art 8,Sec 12, PET exercises QJ a VP from among the S and HR who
function and therefore a violation of the shall assume office upon confirmation
above mentioned provision. “x x by a majority vote of all members of
Members of the SC and other both Houses of Congress, voting
courts established by law shall not separately.“
be designated to any Agency
PRESIDENTIAL SUCCESSION
performing QJ and Administrative
Functions”. a. Occurring BEFORE the Pres term (Sec
1. SC citing TECSON v. COMELEC, “It is an 7)
innovation of the 1987 COnsti. “x x The b. Occurring AFTERWARDS (sec 8)
establishment of the PET simply
constitutionalized what was statutory Sec 7.
before in the 1987 Consti. PET is not a “ x x If pres-elect fails to qualify, the VP-
separate and distinct entity from the elect shall ACT as Pres until the Pres-
SC, albeit it has functions peculiar only elect shall have qualified.
to the tribunal. If a Pres shall NOT HAVE BEEN CHOSEN,
2. “The set up embodied in the Consti and the VP shall ACT as Pres until a Pres
statutes characterizes the resolution of shall have been chosen and qualified.
electoral contests as essentially an
exercise of judicial power. When SC as If at the beginning of the term of the Pres,
PET, resolves a P/VP election contests, it the pres-elect shall have DIED or shall
performs what is essentially a judicial have become PERMANENTLY DISABLED,
power. The power wielded by the PET is the VP-elect shall BECOME Pres.
a derivative of the plenary JP given to
Where NO Pres and VP shall have been
Courts of law. PET is an independent
chosen or shall qualified, or where both
BUT NOT separate from SC.
shall DIED or permanently disabled, the
TERM SP, or in case of his disability the SHR shall
“x x term of 6 years which shall begin ACT as Pres until a Pres or a VP shall
@ noon of June 30 next following the have become chosen and qualified. x x
day of the election and shall not be “
eligible for any RE-ELECTION. No
Sec 8.
person who has succeeded as
“In case of DEATH, PD, REMOVAL from
President and has served for more
office, or RESIGNATION of the P, the VP
than 4 years shall not be qualified for
shall BECOME Pres to serve the
election to the same office AT ANY
unexpired term. In case of DEATH, PD,
TIME.”
REMOVAL from office, or RESIGNATION
VICE PRESIDENT of the P and VP, SP or, in case of his
 Same term of 6 years, and may be INABILITY, the SHR shall ACT as Pres
removed only through impeachment until a Pres or a VP shall have become
process. chosen and qualified. x x “
 Qualifications, same.
 Eligible for the position of member of
Discussion Sec. 7:
the Cabinet and when appointed as
 Cases contemplated:
such does not need confirmation by the
a. Death/PD of the Pres-elect VP shall
COA.
BECOME Pres. 
 “No VP shall serve for more than 2
b. Failure to elect P, as where the
successive terms.” [Sec 4.(2)]
canvass of the presidential elections has
(Compared to Pres; VP is eligible for re-
not yet been completed, or where for
election)
one reason or another the presidential
 “Whenever there is vacancy in the office
election has NOT BEEN HELD.  VP shall
of the VP during the term for which he
ACT as Pres. 
was elected, the Pres shall nominate
c. Failure of the P-elect to qualify, that Sec 12. “ In case of SERIOUS ILLNESS of
is, to assume office by taking the oath the P, the public shall be informed of
and entering into the discharge of his the state of his health x x”
duties.  VP shall ACT as Pres. 
OFFICE OF PRES AND VP ARE BOTH
Discussion Sec. 8: Vacancies occurring in VACATED:
the OP DURING his incumbency and is
Sec 10. The Congress shall, at
limited to 4 specified situations: (D- PD-
10’oclock in the morning of the 3rd day
Removal-Resignation) VP shall BECOME
after the vacancy, convene w/o need of a
Pres. 
call and within 7 days enact a law calling
Estrada v. GMA “ He denied he had for a SPECIAL ELECTION to elect a P
resigned and said had every intention to and a VP to be held not earlier than 45
return after the disturbances shall have days nor later than 60 days from the
ended but was being prevented from doing time of such call.
so”
The bill calling for such special election
SC held: (Puno)“The resignation
shall be deemed certified under ART 6, Sec
cannot be doubted. It was confirmed
26, par 2 and shall become a law upon its
by leaving Malacanang. The press
approval on 3rd reading by Congress.
release was petitioner’s valedictory,
his final act of farewell.” Appropriations for Special election shall be
charged against any current appropriations
Sec 11.s Whenever the P transmits to the
and shall be exempt from the requirements
SP AND the SHR his WRITTEN
of Art 6, Sec 35, par 4.
DECLARATION that he is UNABLE to
discharge the powers and duties of his It cannot be postponed or suspended. NO
office, and until he transmits to them a SPECIAL ELECTION shall be called if
written declaration to the contrary, such the vacancy occurs w/in 18 mos before
powers and duties shall be discharged the date of the next presidential
by the VP as ACTING P. election.
Whenever a MAJORITY of all members of OATH OF OFFICE
the CABINET transmit to the the SP AND
the SHR their WRITTEN DECLARATION  Marks his formal assumption of duties.
that P is UNABLE to discharge the  Not a source of a substantive power but
powers and duties of his office, VP: is merely intended to deepen the sense
ACTING P. of responsibility of the P and ensure a
more conscientious discharge of his
Thereafter, when the P transmits to the SP office. (But has been invoked to justify
and SHR his written declaration that no presidential action)
inability exists, he shall reassume the
power and duties of his office. Meanwhile,
should a MAJORITY OF CABINET mem
transmit w/in 5 days to the SP and SHR
their written declaration that the P is PERQUISITES and INHIBITIONS
UNABLE= Congress shall decide the issue.
Sec 6. The P shall have an official
For that purpose, the Cong shall convene if
residence. The salaries of the P and VP
not in session, within 40 hours.
shall be determined by law and shall not be
 If the Congress by a vote of 2/3 vote decreased during their tenure. No
of both houses, voting separately, increase in said compensation shall take
that the Pres is unable to discharge effect until after the expiration of the term
the power and duties of his office, VP of the incumbent during which such
shall act as P; otherwise, P shall increase was approved. They shall not
continue exercising the powers and receive during their tenure any other
duties of his office.
emolument from the gov’t or any other as required by the primary
source. functions of said official’s office.
 Increase/ Decrease- prevent legislature Reason: These posts do NO
from weakening their fortitude by COMPROMISE “any other office” w/in
appealing to their avarice or corrupting the contemplation of the prohibition but are
their integrity by operating on their properly an imposition of “additional
necessities. duties and functions on said official” .
 Emoluments- refers to ANY
Ex- officio “from office; virtue of office.
COMPENSATION received for services
Authority derived from the official
rendered or from possession of an
character merely, not expressly conferred
office. Any gain/profit which is
upon the individual character, BUT
PECUNIARY IN CHARACTER.
MERELY ANNEXED TO THE OFFICIAL
 Pres cannot accept any
POSITION.
employment elsewhere during his
incumbency, although in the case of Additional duties closely related to and
the VP, he may be appointed to the must be required by the official primary
Cabinet. However, VP cannot receive functions. Otherwise, it would fall under the
additional compensation in the second purview of “any other office” prohibited by
capacity because of the ABSOLUTE the Consti.
PROHIBITION.
 The prohibition against dual or multiple
ADDTL INHIBITIONS: offices apply to all appointments or
designations, whether permanent or
Sec 13. “x x P, VP,Mem of the Cabinet, and
temporary. PREVENT CONCENTRATION
their eputies and assistants shall not,
OF POWERS in the Executive Dept
unless otherwise provided in the Consti,
officials.
cannot hold any other employment
 Only exceptions:
during their tenure. They shall not,
a. VP being appointed as member of the
directly or indirectly practive any OTHER
Cabinet; and
PROFESSION, participate in any
b. EOs specified therein w/o additional
business, or be financially interested in
compensation in AN EX-OFFICIO
any contract with, or in any franchise, or
CAPACITY as provided by law and as
special privilege granted by the Gov’t or
required by the primary functions of
any subd/ agency/ instru thereof, including
said official’s office.
GOCCs. They shall strictly avoid conflict of
interest in the conduct of their office.
The spouse or relatives by consanguinity/ EXECUTIVE PRIVILEGE
affinity within 4th civil degree of the P shall
not during his tenure be appointed as - Essential to his exercise of his powers as
Members of the Concom, or Office of the the CE, consistent w/ the principle of
Ombudsman, or separation of powers.
Sec/UnderSec/Chairmen/Heads of Bureau - Power of the gov’t (Pres and High
or offices, including GOCCs and their executive branch officers) to
subsidiaries. WITHHOLD INFORMATION from the
Congress, Courts, and the Public;
 Inhibitions are in line with the principle 1. “Informer’s Privilege”  Privilege of
that a public office is a public trust. the gov’t NOT TO DISCLOSE the
 The prohibition against holding identity of person/s who furnish
dual/multiple offices must NOT, information on vio of law to officers
however, be construed as applying to charged with the enforcement of law;
posts occupied by the EOs specified - Covers not only High-Profile Cases
therein w/o additional 2. “Privilege accorded to presidential
compensation in AN EX-OFFICIO communication” Without
CAPACITY as provided by law and
 distinctions b/w those which involve therefrom is by a VALID CLAIM of
national security and w/c does not. privilege. They are not exempt by
Rationale: Essential to protect the mere fact that they dept heads.
independence of decision-making of ONLY THE PRESIDENT may be
those tasked to exercise Presidential/ exempted on whom executive power
legislative and judicial power. is vested, hence, beyond the reach
- Applies to the decision making of the of Congress except through the
pres, rooted in the constitutional power of impeachment. (Reason:
principle of SP and the Pres unique Highest official of the Executive
constitutional role. branch and Co-equal branch)
[AKBAYAN V. AQUINO]
ELEMENTS:
1. The protected communication must
 SC stressed that EP is recognized only in
relate to a “ QUINTESSENTIAL AND
relation to certain types of information
NON-DELEGABLE PRES POWER” (ex.
of a sensitive character.
Power to enter in EAs)
 IMPLIED NATURE OF THE CLAIM
2. Communication must be authored or
OF PRIVILEGE:
solicited and received by a close
“Whenever an official fails to be
advisor of the Pres (ex. Cabinet
present invoking EO 464, such
member, Pres himself)
invocation must be construed as a
3. PCP remains a qualified privilege that
declaration to congress that the
may be overcome by a showing of
Pres/ Head of office has determined
adequate need (it contains important
that the requested information is
evidence)
privilege.
3. Deliberative Process Privilege
 There is a violation because: “Once the
covers documents reflecting advisory
head of office determines that a certain
opinions, recommendations and
information is privilege, such
deliberations comprising part of a
determination is presumed to bear the
process by w/c governmental
Pres authority and has the effect of
decisions and policies are
prohibiting the official from appearing
formulated.
before the Cong, subject only to the
- Pres communication privilege applies
EXPRESS PRONOUNCEMENT of the Pre
to docs in their ENTIRETY.
that it is allowing the appearance of
- Communicate candidly- enhance
such official. These therefore authorizes
quality agency decisions.
the pres to allow claim of privilege BY
4. Diplomatic negotiations privilege
MERE SILENCE.
Encourage a frank exchange of
“x x with respect to info the
exploratory ideas b/w the negotiating
confidential nature of which is
parties by shielding such
CRUCIAL to the fulfillment of highly
negotiations from public view.
executive responsibilities x x “
- Pres “sole organ of the nation in its
A. NERI v. Senate Committee (2009)
external relations, and its sole
 For the claim to be properly invoked,
representative with foreign nations”
there must be a formal claim of
 PRIVILEGE IS NOT ABSOLUTE.
privilege, lodged by the DH which has
Executive cannot, any more than other
control over the matter. It requires a
branches of the gov’t, invoke a general
“precise and certain reason” for
confidentiality privilege to shield its
preserving their confidentiality.
officials and employees from
 At any rate, the Cong may not require
investigations. (Judical/ Congressional
the executive to state the reasons for
Investigation conducted IN AID OF
the claim with such particularity as to
legislation)
compel disclosure of the information
- That is why, when Cong exercises its
which the privilege is meant to protect.
power of inquiry, the only way for
Dept heads to EXEMPT themselves PRESIDENTIAL IMMUNITY
a. (Estrada v. Desierto) Original view: Yes. The enumeration of
b. Rodriguez v. Arroyo (2011) specific executive powers are considered as
- SC “President as C-O-C of the AFP, can intended merely to specify the PRINCIPAL
be held liable for affront against the articles implied in the definition of power,
petitioner’s rights to life, liberty and LEAVING THE REST TO FLOW FROM THE
security as long as substantial evidence GENERAL GRANT of that power.
exist to show that he or she had
Reconsidered. Stricter Interpretation:
exhibited involvement in or can be
imputed with knowledge of the a. Marcos v. Manglapus. “Powers of the
violations, or had failed to exercise president cannot be said to be limited
necessary investigations required under only to the specific powers enumerated
the rules, “and that” “former President in the consti. EP is more than the sum of
Arroyo cannot use the presidential specific powers enumerated therein”
immunity from suit to shield herself b. Phil. Coconut Producers Fed Inc. vs.
from judicial scrutiny that would assess Republic. x x “Either pursuant to the
wheteher, within the context of amparo RESIDUAL POWER of the pres or BY
proceedings, she was responsible or FORCE of his enumerated powers that
accountable for the abduction of has control over all matters pertaining
Rodriguez. “ to the disposition og gov’t property
 Extends only in concurrence with the including sequestered assets x x
president’s incumbency. (Civil/Criminal  The provision in the ADMIN CODE
and there is no need to provide for it in on the so called “ Residual
the Consti or law). It will be degrade the Powers” of the Pres declares
dignity of the high office of the Pres, the “UNLESS CONGRESS PROVIDES
Head of State, if he can be dragged into OTHERWISE, the pres shal exercise
court litigations while serving as such. such OTHER POWERS and
Unlike the legislative and executive functions vested in the Pres which
branch, only one constitutes the are provided for under the laws and
executive branch, ONLY ONE which are not specifically
CONSTITUTES the Executive branch and enumerated above, or which are
anything which impairs his usefulness not delegated by the Pres in
necessarily impairs the operation of the accordance with law.
gov’t. c. Banda v. Ermita. Power of the
DAVID v. Arroyo xx this however does president to REORGANIZE the offices
not mean that the Pres is not accountable and agencies in the executive dept in
to anyone. Like any other official, he line with his constitutionally granted
remains accountable to the people but power of control over executive offices
MAY BE REMOVED from office ONLY and by virtue of his previous delegation
THROUGH IMPEACHMENT x x of the legislative power to reorganize
executive branches. “Continuing
Authority”
d. Authority to conduct peace negotiations
with rebel groups and to declare state of
rebellion, are ALTHOUGH NOT
CHAPTER 11. POWERS OF THE EXPLICITLY MENTIONED in the Consti,
PRESIDENT springs in the main from her powers as
chief executive and at the same time,
POWERS OF THE PRESIDENT draws strength from her Commander-in-
 Is every power relating to chief powers.
enforcement and administration of e. Issuing Decrees No authority.
laws to be regarded as belonging to Within the province of the legislature.
the Pres by virtue of his office? Neither Martial law nor state of
emergency can justify such action.
  “ORDINANCE POWERS” YES.  appointment of other officers lower in rank
and may issue any of the following: in the Pres alone, in the courts, or in the
1. EOs rules of a GENERAL or heads of departments, agencies,
PERMANENT character in commissions, or boards.
implementation or execution of
The pres shall have the power to make
constitutional or statutory powers.
appointments DURING THE RECESS of the
2. AOs relate to particular aspects of
Cong, whether voluntary or compulsory,
governmental operations in
but such appointments shall be effective
pursuance of his duties as
only until disapproved by the COA or until
administrative head.
the next adjournment of the Cong. “
3. MOs matter of administrative
detail or of subordinate or temporary a. Permanent Appointments
interest w/c only concern a extended to those persons possessing
particular officer/ office of the the requisite eligibility and are thus
Gov’t. protected by the Constitutional
4. MCs relating to internal provision on security of tenure.
administration, which the Pres b. Temporary Appointments given to
desires to bring to the attention of persons w/o such eligibility, are
ALL or SOME of the Depts/ Agencies, revocable at will and w/o the necessity
for information or compliance. of just cause or a valid investigation.
5. Proclamations Fixing a date or - “Upon the understanding that the
declaring a status or condition of appointing power has not yet decided
public moment or interest, upon the on a permanent appointee”.
existence of which the operation of a a. General v. Urro. Acting
specific law or regulation is made to appointments may be made even to
depend, and which shall the force of an offices with staggered terms.
EO.
6. General or Special Orders Acts and GR: Pres includes the power to make
commands of the Pres in his capacity temporary appointments UNLESS (1)
as Commander-in-chief of the AFP. Specifically prohibited by the Consti (2)
acting appointment is repugnant to the
SPECIFIC POWERS of the Pres: nature of the office involved. (Only
limitation)
1. APPOINTING POWER
- Generally, the purpose for staggering
Appointment SELECTION/
the term of office is to minimize the
DESIGNATION, by the authority vested with
appointing authority’s opportunity to
the power, of an individual who is to
appoint a majority of the members
exercise the functions of a given office.
of a collegial body. Also, to ensure the
How? ORAL or WRITTEN. Commission is continuity of the body and its policies.
the written evidence of an appointment. - A staggered term of office, however,
is not a statutory prohibition, direct or
Sec 16. The pres shall nominate and, with
indirect, against the issuance of an
the consent of the COA, appoint the
acting or temporary. It does not
heads of the executive dept’s,
negate the authority to issue acting
ambassadors, other public ministers and
or temporary appointments that
consuls, or officers of the armed forces
Administrative Code Grants.
from the rank of colonel or naval captain,
and other officers whose appointments are
 DESIGNATION imposition of
vested in him in this Constitution. He shall
additional duties, usually by law, on a
also appoint all OTHER officers of the Gov’t
person already in the public service by
whose appointments are not otherwise
virtue of an earlier appointment.
provided for by law, and those whom he
(Similar: Both temporary in nature)
may be authorized by law to appoint. The
- It does not entail payment of
Congress may, by law, vest the
additional benefits or grant upon the
 person so designated the right to as member of the Cabibet, President’s
claim the salary attached to the deputies, Commissioner of Customs= x
office. Confirmation form COA.
- The LEGAL BASIS of an  1ST SENTENCE OF SEC. 16, ART 7 is
employees’ right to claim the an EXCLUSIVE ENUMERATION.
salary attached thereto is a duly  As to “ Officers lower in rank”, the Cong
issued and approved may allow their appointments to be
appointment to the position and made by the pres alone, the courts, and
not a mere designation. the heads of the departments/agencies.
 Both the TEMP and DESI are NOT - “Officers lower in rank” below the
SUBJECT TO confirmation by the COA. rank of or subordinate to those in
Such confirmation, if given erroneously, whom the power of appointment is
will not make the incumbent a vested.
permanent appointee.
STEPS in the appointing process:
 “The pres may temporarily designate an
(1) officer already in the gov’t service A. REGULAR APPOINTMENT:
or (2) any other competent person to 1. Nomination By the President
perform the functions of an office in the 2. Confirmation Prerogative of COA
executive branch. “ 3. Issuance of the commission By Pres
- Thus under # (2), the pres may even B. INTERIM APPOINTMENT:
appoint in an acting capacity a - Appointment comes before the
person not yet in the gov’t confirmation, which is made by the
service, as long as the pres deems Commission when it reconvenes
that person competent. following the legislative recess.
 The power to appoint is essentially - Nomination of the regular appointee is
executive in nature and the legislative made and approved during the session,
may not interfere with the exercise of when the COA is authorized to meet.
this executive power except in those - The ad interim appointment is made
instances when the consti expressly during the recess and becomes
allows it to interfere. Its interference is effective then, subject to
limited to the power to prescribe confirmation or rejection later,
qualification to an appointive office. during the next legislative session.
Limitations on the executive power
to appoint are construed strictly DISTINCTION B/W REGULAR AND AD
against the legislature. INTERIM APPOINTMENT:

6 CATEGORIES OF OFFICIALS WHO ARE 1. WHEN: REG- Legislative session; AD-

SUBJECT TO THE APPOINTING POWER Recess
of the Pres: 2. REG- only after the nomination is
confirmed by the COA; AD- before
1. Heads of the Executive Depts; confirmation
2. Ambassadors, other public ministers 3. REG-once confirmed, continues until the
and consuls; end of the term of the appointee; AD
3. Officers of the AF from the rank of cease to be valid if disapproved by the
colonel or naval captain; COA or upon the next adjournment of
4. Other officers whose appointments are the Congress.
vested in him by the Consti; - In the latter case, the appointment is
5. All other officers of the gov’t whose deemed “by passed” through the
appointments are NOT PROVIDED for by inaction of, and so disapproved
law; impliedly by, the COA.
6. Those whom he may be authorized by
law to appoint. A. MATIBAG v. BENIPAYO. “Ad interim
 Appointment of the Ombudsman, appointment is a permanent
Member of the SC and lower courts, VP appointment because it takes effect
 immediately and can no longer be in order to enable the Pres to appoint
withdrawn by the pres once the one of them WITHIN 90 DAYS from
appointee has qualified into office. The the occurrence of the vacancy.
fact that it is subject to confirmation by The JBC has no discretion to submit
the COA does not alter its permanent the list to the Pres AFTER the
character. However, when the ad vacancy occurs, because that
interim appointment lapses by inaction shortens the 90 period allowed by
of the COA, as when it fails or refuses the Consti for the pres to make the
to act on the same until the next appointment.
adjournment, it would not constitute  By virtue of Sec 16 “ Where there are
a term of office. The period from the offices which have to be filled but the
time the ad interim appointment is law does not provide the process for
made to the time it lapses is neither a filling them, the Consti recognizes the
fixed nor an expired term. power of the Pres to fill the office by
B. LUEGO v. CSC. Essentially appointment. Any limitation on or
discretionary power subject only to the qualification to the exercise of the pres
condition that the appointee should power to appoint should be strictly
possess the qualifications required by construed and must be clearly stated in
law. order to be recognized. “
- “All that the CSC may do is determine 2. THE REMOVAL POWER
WON the appointee possesses the  From the express power of
qualifications and requisite appropriate appointment is the implied power of
eligibility. If he does, appointment is the president to remove. However, it
granted; If he does not, appointment is is not correct to say that all officials
denied. “ appointed by him (pres) are also
C. Lacson v. Romero. An appointment is removable by him since the consti
deemed complete upon acceptance. prescribes certain methods for the
Pending acceptance, which is optional to separation from the public service of
the appointee, the appointment may some officers.
still be validly withdrawn.
Examples:
- Appointment cannot be forced to a
1. Members of the SC, Ombudsman, and
citizen except pursuant to defense of
ConCom By impeachment.
state under Art 2.
**Deputy Ombudsman By Pres.
D. De Castro v. JBC. Prohibited
Expressly conferred upon him said
appointments under Sec 15 do not cover
power.
appointments to the SC.
- One of the reasons of Sec 15 is 2. Judges of inferior courts By SC
to eliminate midnight 3. Local Elected Officials By proper
appointments from being made courts (LGC)
by an outgoing chief executive.
It only covers appointment made in  In all other cases, where the power of
the executive department and removal is lodged in the pres, the same
excludes the judiciary. Their may be exercises by him ONLY for
establishment of the JBC and their cause as may be provided by law
subjecting the nomination and and in accordance with the prescribed
screening of candidates for judicial administrative procedure.
position to the unhurried and Exception:
deliberate PROCESS of the JBC - Members of the Cabinet or to executive
ensured that NO MA may be done in officials whose term of office is
the judiciary. determined AT THE PLEASURE OF
- Process: It is mandatory for the JBC THE PRESIDENT.
to submit tot eh pres the list of  At any rate, a REMOVAL
nominees to fill a vacancy in the SC PRESUPPOSES FORCIBLE AND
 PERMANENT SEPARATION OF THE limited by the Consti, by law, or by
INCUMBENT FROM OFFICE BEFORE judicial decisions.
THE EXPIRATION OF HIS TERM. - Doctrine is NOT APPLICABLE: To acts
of CS done in their capacity as ex officio
3. CONTROL POWER. members (BODs of GOCC) of a
“The executive shall have control of all the particular office not by appointment of
executive departments, bureaus and the Pres but by OPERATION OF LAW.
offices. He shall ensure that the laws be
faithfully executed.”  Sec 17 is a self-executing provision.
The pres derives his power of control
As to decision-making:
directly from the consti and not from
- Power of an officer to alter/ modify/
any implementing legislation.
nullify/ set aside what a subordinate
officer had done in the performance of
his duties and to substitute the
judgment of the former for that of the  The power of control is exercisable by
latter. the president over the ACTS of his
- Order the doing of an act by a subordinates and not necessarily over
subordinate/ undo such act/ assume a the SUBORDINATE himself.
power directly vested in him by law. - The pres, through the secretary of
(USURPATION??) – “The pres shall justice can order the provincial fiscal
have control of all the executive dept…” to reverse his actions. DOJ secretary
acting in the regular discharge of his
VS. SUPERVISION: functions as an alter ego of the pres.
- Does not cover the authority of ordering As a subordinate in this department
the doing/ undoing of an act. It merely (FOJ), PF is bound to obey the
sees to it that the rules are followed, but Secretary’s directives, which are
he himself cannot lay down such rules presumably the acts of the pres of
or have the discretion to modify such the PH.
rules.  TAKE-CARE CLAUSE
- The power to take care that the laws
be faithfully executed makes the
 DOCTRINE OF QUALIFIED POLITICAL pres a dominant figure in the admin
AGENCY: of the gov’t.
“Acts performed/ promulgated by the - However, it is not for him to
heads of dept heads in the regular course determine the validity of a law since
of business, unless disapproved or this is a question exclusively
reprobated by the chief executive, are addresses to the judiciary. Hence,
PRESUMABLY the act of the chief executive until and unless a law is declared
them being alter egos of the president. “ unconsti, the pres has a DUTY TO
- Adopted out of practical necessity: EXECUTE it regardless of his doubts
Pres cannot be expected to on its validity. A contrary opinion
personally perform the multifarious would allow him not only to negate
functions of the executive office. the will of the legislature but also to
Relate to: Doctrine of exhaustion of encroach upon the prerogatives of
administrative remedy: “Further appeal the judiciary.
from a decision of a cabinet secretary may - The pres power to conduct
be taken to the Office of the president investigations to aid him in ensuring
before resorting to judicial action. “ the faithful execution of laws is
- NOT ABSOLUTE. Recognized exception inherent in the pres power. It flows
is when there exists a special law that from the faithful-execution clause of
provides for a different mode of appeal. the Consti under Art 7 sec 17. As CE,
Such “executive control” may be he represents the gov’t as a whole
and sees to it that all laws are
 enforced by the officials and CHARGED within 3 days, otherwise he
employees of his dept. shall be released.
 Bolsters the principle “civilian
4. THE MILITARY POWER
authority is, at all times, supreme
Art 7. Sec. 18. “x x The pres shall be the over the military”
CIC of all armed forces of the PH x x In case  By making the pres the CIC, it lessens
of invasion or rebellion, when the the danger of military take-over of the
public safety requires it, he may, for a gov’t in vio of its republican nature.
period NOT EXCEEDING 60 DAYS,  Although pres in the CIC, he will be so
suspend the privilege of the WHC or place ONLY if there are armed forces to
the PH or ANY PART thereof under MARTIAL command. These forces will be raised by
LAW. Within 48 hours from the the Cong in the exercise of its general
proclamation of ML/ suspension of WHC, legislative power, “citizen to render
pres shall submit a report in person or in personal military or civil service.”
writing to the Congress. The Cong,  Military power ENABLE THE PRES TO:
VOTING JOINTLY, by a vote of at least a a. Command all the AFP
majority of all its members in regular/ b. Suspend the PWHC
special session, may revoke such c. Declare ML
proc/suspension, which revocation shall
NOT BE SET ASIDE BY THE PRES. Upon a. COMMAND THE AFP
the initiative of the pres, the Cong may  Organize Court martials- aid the pres
extend such proc/sus for a period to be in properly commanding and
determined by the Cong, if the invasion/ enforcing discipline in the armed
rebellion shall persist and public safety forces. They are in fact simply
requires it. instrumentalities of the
executive power which may be
The Cong, if not in session, shall w/in
convened by the pres independently
24 hours ff. proc/sus, convene in
of legislation. (X courts w/n the PH
accordance with its rules w/o need of a call.
judicial system)
The SC may REVIEW, in an appropriate - Hence, in the absence of any
proceeding filed BY ANY CITIZEN, the declaration of war/ML, military
sufficiency of the factual basis of the tribunals CANNOT TRY and
proc/sus, and must promulgate its exercise jurisdiction over
decision w/in 30 days from its filing. civilians for civil offenses
committed by them w/c are properly
A state of ML does not suspend the cognizable by the civil courts. JP
operation of the Consti, nor supplant exists only in the courts, which have
the functioning of the civil courts/ exclusive power to hear and
legislative assemblies, nor authorize determine those matters which
the conferment of jurisdiction on affect the life/liberty/property of a
military courts and agencies over citizen.
civilians where civil courts are able to  The power to confirm a sentence of
function, nor automatically suspend the Pres includes the power to
the privilege of the writ. approve or disapprove the entire or
The suspension of the privilege of the any part of the sentence given by
writ shall APPLY ONLY to persons the court martial. (An exercise by the
judicially charged for rebellion or Pres of his powers as CIC of all our
offenses inherent in or directly connected armed forces)
with invasion. 1. IBP v. Zamora. Pres Estrada
deployes the Marines to join the PNP
During the suspension, any person thus is visibility patrols around metro
arrested or detained shall be JUDICIALLY manila for the purpose of crime
prevention. “This so called calling
 out power” of the pres involves “LIBERATION OF THOSE WHO MAY BE
ordinary police action, which would IN PRISON W/O SUFFICIENT CAUSE”
ordinarily not entitle him to invoke a
- Suspension of the privilege DOES NOT
greater power when he wishes to act
SUSPEND THE WRIT ITSELF, but only
under a lesser power.
its privilege.
2. David v. Arroyo. While the pres
Meaning: When the court receives an
alone can declare a STATE OF
application for the writ, and it finds the
NATIONAL EMERGENCY, however,
petition in the proper form, it will issue the
w/o legislation, he has no power
writ as a matter of course. If the return to
to take over privately owned
the writ shows that the person in
public utility or business
custody was apprehended and
affected with public interest.
detained in areas where the PWHC has
- Military cannot be ordered to
been suspended, the court will
enforce custom laws, laws governing
SUSPEND FURTHER PROCEEDINGS in
family and property relations. ONLY
the action.
LAWS PERTINENT TO ITS DUTY
TO SUPPRESS LAWLESS  SC has the power to annul the
VIOLENCE. suspension if the same is not based
 “CALLING OUT POWER” can only on either of the 2 grounds,
be exercised by the PRES and NO “invasion or rebellion, when
ONE ELSE. public safety requires it”.

 DOCTRINE OF COMMAND 3. MARTIAL LAW 

RESPONSIBILITY: - In its strict sense: Law which has
- Pres can be held responsible for the application when the military arm DOES
actions of his subordinates if the ff. NOT SUPERSEDE civil authorities but is
requisites are present: called upon to aid the Pres in the
a. The existence of a superior- maintenance of law and order.
subordinate relationship b/w the - NO CIVIL RIGHTS OF THE INDI IS
accused as superior and the SUSPENDED. No new powers are given
perpetrator of the crime as his to the executive; the relation of the
subordinate; citizen to their state is unchanged.
b. Superior knew or had reason to
know that the crime was about to
be or had been committed; LIMITATIONS ON THE MILITARY
c. Superior failed to take the POWER:
necessary and reasonable measures 1. He may call out armed forces only when
to prevent the criminal acts or it is necessary to prevent or suppress
punish perpetrators thereof. LAWLESS VIOLENCE, INVASION or
REBELLION only.
A. HABEAS CORPUS 2. Grounds for the SPWHC and proc of ML
- Suspension of the PWHC is subject to are now limited only to REBELLION or
limitations and may be revoked by INVASION, when public safety requires
the Cong or the SC. it.
3. The duration shall NOT EXCEED 60
WHC a writ directed to the person DAYS, following which it shall
detaining another, commanding him to AUTOMATICALLY BE LIFTED.
produce the body of the prisoner at a 4. Within 48 hours, Pres shall submit report
designated time and place, with the day personally or in writing to the congress
and cause of his caption and detention, to his action. If not in session, cong shall
do, to submit to, and receive whatever the convene with 24 hours ff. the
court or judge awarding the writ shall suspension/declaration.
consider in his behalf.
5. The Cong may then, voting jointly, by a He shall also have the power to grant
majority vote, revoke his action. amnesty with the concurrence of a
6. The revocation may not be set aside by MAJORITY OF ALL MEMBERS OF CONG.
the Pres - Executive clemency.
7. By the same vote and in the same - Exercise is discretionary in the Pres
manner, upon the initiative of the pres, and may not be controlled by the
the suspension/proc maybe extended legislature or reversed by the courts,
for a period to be determined by the save only when it contravenes the
Cong if the invasion or rebellion and the limitations provided for by law.
public safety requires it. Pardon An act of grace which exempts
8. The action of the Pres and Cong shall be the individual on whom it is bestowed from
subject to review by the SC which shall the punishment which the law inflicts for
have the authority to determine the the crime he has committed.
sufficiency of the factual basis of such Commutation reduction or mitigation of
action. THIS MATTER IS NO LONGER the penalty. (Death- LI)
CONSIDERED AS A POLITICAL QUESTION Reprieve postponement of a sentence to
and maybe raised in an appropriate a date certain, or a stay of execution.
proceeding by any citizen. SC shall
LIMITATIONS:
decide w/in 30 days from filing.
1. X = Impeachment.
“The constitutional validity of the pres  X judicial or criminal prosecution and
proclamation of ML or SPWHC is first a therefore does not essentially come
political question in the hands of Cong under the pardoning power.
before it becomes a justiciable one in the However, a party CONVICTED in an
hands of the Court” FORTUN v. ARROYO impeachment proc is subject to
(2012). Also, although the court may prosecution in an ordinary criminal
inquire to the factual basis of such action action- pardon? YES.
(pres exercise of such power), it would 2. Viol. of any election law, rule or regu
generally defer to her judgment on the W/O the favorable reco of the COMELEC.
matter. Unless there is a showing of GAD, 3. X = LEGISLATIVE CONTEMPT- vio
Court will accord respect to the Pres doctrine o SP.
judgement. 4. X = Civil contempt- this would involve
the benefit not of the State itself but of
9. ML does not automatically suspend the
the private litigant whose rights have
PWHC or the operation of the Consti.
been violated by the contemner.
The civil courts and the legislative
5. X = for the purpose of absolving the
bodies shall remain open. Military courts
pardonee of civil liability, including
and agencies are not conferred
judicial cost, since, again, the interest
jurisdiction over civilians where the civil
that is remitted does not belong to the
courts are functioning.
State but to the private litigant.
[Link] SPWHC shall apply ONLY TO
6. After CONVICTION by final judgment
PERSONS FACING CHARGES OF
7. X restore offices forfeited
REBELLION OR INVASION.
[Link] person arrested for such offense
 KINDS OF PARDON:(absolute.
must be judicially charged within 3
Conditional. Plenary. Partial)
days, otherwise he shall be released.
a. ABSOLUTE. No strings attached.
- No option but to accept. In this case,
AP is similar to commutation which is
5. THE PARDONING POWER (Sec 19) also not subject to acceptance.
“Except in cases of impeachment, or as b. CONDITIONAL. Convict is required to
otherwise provided in this Consti, the Pres comply with certain requirements.
may grant reprieves, commutations, and - Offender has the right to reject it
pardons, and remit fines and forfeitures, since he may feel that the condition
AFTER conviction by final judgment.
 imposed is more onerous than the  VERA v. PEOPLE. Amnesty requires
penalty sought to be remitted. previous admission of guilt since a
- Condition must be so extensive with the person would not need the benefit of
penalty remitted unless otherwise amnesty unless he were guilty of the
indicated. offense covered by the proclamation.
- Violation of the condition before
AMNESTY v. PARDON
the expiration of the remitted
a. A is usually addressed to crimes against
penalty, the pardon itself is deemed
the sovereign, to political offenses; P-
invalidated and the padonee may
infractions of the peace of the State.
either be recommitted by the Pres or
b. A is usually to classes or even
prosecuted under the RPC in w/c case
communities; P usually addresses to an
the penalty is PC, except when the
individual.
penalty remitted is higher than 6 years,
c. A, there may or may not be distinct acts
in which event he shall serve the
or acceptance, so that if other rights are
unexpired portion of his original
dependent upon it and are asserted,
sentence.
there is affirmative evidence of
- The remedies are not mutually
acceptance; in P there must be distinct
exclusive and may be successively
acts of acceptance.
availed of by the pres.
d. P does not require concurrence of
cong; A does.
c. PLENARY. Extinguishes all penalties
e. P is private act of the Pres w/c must be
imposed, including accessory
pleaded and proved by the person
disabilities.
pardoned because the courts do not
d. PARTIAL. Does not. 
take judicial notice of it; A is a public
act of which the courts must take JN.
 EFFECTS OF PARDON
f. P looks forward and relieves the
- Restore not only the offender’s liberty
offender from the consequences of an
but also his civil and political rights.
offense of which he has been convicted;
BUT X restore offices forfeited. It cannot
A looks backward and abolishes and
mask the acts constituting the crime
puts into oblivion the offense itself. “ As
unless grounded on the person’s
if he had committed no offense”
innocence, it cannot bring back lost
reputation.
6. BORROWING POWER
 DISTINCTIONS Sec 20. “The pres may contract or
a. Parole release of the convict from guarantee foreign loans on behalf og
imprisonment but not restoration of the PH with prior concurrence of the MB,
his liberty. Still in the custody of the and subject to such limitation as may be
law although not under confinement. provided by law. The MB shall, w/in 30
b. Pardon pardonee’s sentence is days from the end of every quarter of
condones subject only to the CY, submit to Cong a complete
reinstatement in case of viol of the report of its decisions on applications
condition attached to the pardon. for loans to be contracted or
c. Parole executive in nature and guaranteed by the gov’t or GOCC which
presupposes the prior service of would have the effect of increasing the
part of sentence. foreign debt.
d. Probation Judicial and may be  The fact that this power is subject to
granted even before actual service of the concurrence of another entity
sentence. does not make such power less
executive.
 AMNESTY. “May only be granted upon
concurrence of the majority of Cong. “Quintessential” the most perfect
embodiment of something, the
concentrated essence of substance.
 “Non deligable” cannot be delegated - While sec 21 requires the concurrence
to another, or even if delegated, the of the senate, such pertains only to the
responsibility remains with the obligor. validity of the treaty, NOT TO THE
CONDUCT of negotiations attendant to
7. DIPLOMATIC POWER
its conclusion.
- Enter into treaties and otherwise
transact business of foreign relations.
8. BUDGETARY POWER
Sec 21. “No treaty or IA shall be valid Sec 22. “Pres shall submit to the Cong
and effective unless concurred by at w/in 30 days form the opening of
least 2/3 of ALL members of the every regular session, as the BASIS OF
SENATE. (TREATY-MAKING POWER) THE GAB, a budget of expenditures
- X include executive agreements which and sources of financing, including
can be concluded w/o necessity of receipts from existing and proposed
Senate concurrence. revenue measure.”
- EA although a treaty within the meaning - Best position to determine the needs
of that word, is less formal and deals of the gov’t and propose the
with a narrower range of subjects. All corresponding appropriations
that it requires to be effective is (1) B/w therefor on the basis of existing or
States (2) Written (3) Governed by expected sources of revenue.
International law.
NOTE: Cong may not increase the
 Under International law, there is no
appropriations recommended by the
difference b/w treaties and EA in
Pres for the operation of the Gov’t as
terms of their binding effect on the
specified in the budget.
contracting states.
- “Treaties and IA have a limiting 9. INFORMING POWER
effect on the otherwise Sec 23. Pres shall address the Cong at
encompassing and absolute nature the opening of the regular session. He
of sovereignty. – Everytime a state may also appear before it at any other
enters into an IA, it sheds off part time.
of its sovereignty. The constitution,
10. OTHER POWERS
as drafted, did not envision a
a. Call the Congress for special session
reclusive PH isolated from the rest
b. Approve or veto Bills
of the world. The usual underlying
c. Consent to the deputization of gov’t
consideration in this partial
personnel by COMELEC
surrender may be the greater
d. Discipline its deputies
benefits derived from a reciprocal
e. By delegation, exercise emergency
undertaking. “
powers and tariff powers
PIMENTEL v. EXECUTIVE SECRETARY
CHAPTER 12. THE JUDICIAL
“The power to ratify treaty is vested in DEPARTMENT
the Pres, subject to the concurrence of the
INDEPENDENCE OF THE JUDICIARY. To
Senate”.
maintain independence, the ff. safeguards
The role of the Senate is limited only to
have been embodied in the consti.
giving or withholding its consent, or
1. SC is (the only) a constitutional body. It
concurrence, to the ratification. Hence, it
cannot be abolished nor may its
is w/in the authority of the Pres to
membership or manner of its meetings
refuse to submit a treaty to the
be changed by mere legislation.
Senate, or having secured its
**All other courts statutory creation.
concurrence, refuse to ratify it. Such
2. Member of SC may not be removed
decision cannot be encroached by the
except by impeachment.
Court via a writ of mandamus.
3. SC may not be deprived of its minimum
original and appellate juris.
4. The appellate juris of SC may not be review, “x x determine won there is
increased by law w/o its advice and GAD of discretion amounting to
concurrence. L/E of J” (Daza v. Singson)
5. Appointees to the judiciary are now - Also, independently of the
nominated by the JBC and no longer determination of GAD, judicial
subject to confirmation by the COA. power may be exercised “when
6. SC now has administrative supervision there are serious allegations
over all courts and their personnel that a law has infringed the
7. SC has exclusive power to discipline Consti- It becomes not only a right
judges of LC. but a duty of the court to
8. Mem of SC and all LC have security of UPHOLD THE SUPREMACY OF
tenure, w/c cannot be undermined by a THE CONSTI.
law reorganizing the judiciary.  ** Legislature X created even temporary
9. X designated to any agency performing SC.
QJ or Admin functions.  JP includes the power of the courts to
[Link] may not be reduced during “alter, modify or set aside their
their continuance in office decisions before they become final and
[Link] shall enjoy fiscal autonomy unalterable.
[Link] may initiate rules of court  It covers as well as the continuing
[Link] SC may order the temporary detail authority of the SC to enforce its final
of judges decisions because the execution of its
[Link] can appoint all officials and decisions is but an integral part of its
employees of the judiciary. adjudicative function. Accordingly, it
may issue a writ of continuing
 Judicial Power duty of the courts of mandamus to ensure compliance w/
justice to settle actual controversies its decision.
involving rights w/ are legally
demandable and enforceable, and to
a. JURISDICTION
determine won there has been GAD
Sec 2. “The Congress shall have the
amounting to lack or excess of juris on
power to define, prescribe, and apportion
the part of any branch or
the jurisdiction of the various courts but
instrumentality of the gov’t.*
may not deprive the SC of its
(Art 8. Sec 1)” vested in one Supreme jurisdiction over cases enumerated in
Court** and in such lower courts as may Sec 5 hereof”.
be established by law.” - Authority by which the court take
cognizance of and decide cases, the
 *The 2nd part represents the broadening
legal right by which judges exercise
of judicial power to enable the courts to
their authority.
review what was before forbidden
territory, to wit, the discretion of the
b. APPOINTMENTS
political depts. of the gov’t.
Sec 9. Members of the SC and judges of
- When the grant of power is
lower courts shall be appointed by the Pres
qualified/ conditional, the issue of
from a list of at least 3 nominees
whether the prescribed
prepared by the JBC for every vacancy.
qualifications or conditions have
Such appointments need no confirmation.
been met or the limitation
For the lower courts, the Pres shall issue
respected is JUSTICIABLE- the
the appointments w/in 90 days from the
problem being one of VALIDITY/
submission of the list.
LEGALITY, not its wisdom. (IBP v.
- At least 3: Give pres the leeway in the
ZAMORA)
exercise of his discretion when he
- Moreover, even if the question
makes his appointment. If nominee
were political in nature, it would
would only be one, the appointment
still come w/in the court’s power of
would be in effect made by the JBC, w/
 the pres performing only the mechanical previous year and, after approval, shall be
act of formalizing the commission. automatically and regularly released”.
- Freedom from outside control.
c. QUALIFICATIONS- “Every member of
- Entitles it to levy, assess and collect
the judiciary be a person of proven
fees. Any law which provides for an
competence, integrity, probity, and
exemption (GOCCs/LGU) froms aid fees
independence”
would be violative of the court’s fiscal
Sec 7. (1) No person shall be appointed autonomy.
member of the SC or any lower collegiate - “sale to the retired justices of
court unless he is a NBC of PH. A mem of specifically designated properties that
SC must be at least 40 years old, and they used during their incumbency has
must have been for 15 years or more a been recognized both as a privilege and
judge of a lower court or engaged in the benefit granted as a form of additional
practice of law in the PH. retirement benefit by the Court to its
- Qualifications SC mem officials and employees in the exercise
EXCLUSIVE. May not be increased or of its power of administrative
reduced by Cong through ORDINARY supervision” – Courts may not be
LEGISLATION. obstructed from their freedom to
- But in the case of the judges in the use/dispose of their funds for purpose
LC, Cong is EXPRESSLY authorized by germane to judicial functions.
par (2) to ADD constitutional
qualifications. **It should be noted tha f. COMPOSITION OF SC (15 members)
NBC is not required for courts lower - Enable the court to cope more
than collegiate courts. effectively w its mounting backlog
cases.
d. JUDICIAL AND BAR COUNCIL - Meet: en banc OR in division (3-5-7
- Takes the place of COA in the manner of divisions); fixed by the consti and may
appointments. not be changed by statute.
EX OFFICIO MEMBERS: Sec 4. (1) “SC shall be composed of a CJ,
a. Chief justice (RM: 4 yrs) and 14 Associate [Link] may sit en banc
b. Sec of Justice (RM: 4 yrs) or in its division of 3-5-7 members only.
c. Rep of the Congress (RM: 4 yrs) Any vacancy shall be filled within 90 days
d. Rep of IBP- 4 yrs (appointed) from the occurrence thereof. “
e. Professor of law- 3 yrs (appointed)
Query: What if the 90-day requirement
f. Retired member of SC-2 yrs (appointed)
conflicts with the prohibition that the Pres
g. Rep of Private Sector- 1 yr (appointed)
cannot appoint w/in 2 mos immediately
h. Sec of SC- ex officio sec of JBC
following the next presidential election up
**First regular members 4-3-2-1 to the end of his term? (Sec 15, Art 7-
staggered terms, to be followed with new Midnight A?)
appointments who shall serve for the full
De Castro v. JBC (2010). “Pres may
term of 4 years.
provide for appointments in the judiciary
- No need for the confirmation of COA.
even within the prohibited time under Sec
One instance where appointments made
15”. This applies to all other appointments
by the pres may not be checked by
in the judiciary”.
COA.
A. EN BANC cases
e. FISCAL AUTONOMY
Sec 4. (2) “x x constitutionality of a
Sec 3. “The judiciary shall enjoy fiscal treaty, IA or EA or la, ... and all other cases
autonomy. Appropriations for the Judiciary which under the RC are required to be
may not be reduced by the legislature heard en banc, including those involving
below the amount appropriated for the the constitutionality, application, or
operation of PDs, proclamations, orders, 1. Pimentel v/. Aguirre. “Even a singular
and other regulations, SHALL BE DECIDED vio of the consti and/or the law is
with the concurrence of a MAJORITY of the enough to awaken judicial duty. “
members who actually took part in the 2. Province of North Cotabato v Gov’t
deliberations on the issues in the case and of the RP Peace panel on ancestral
voted thereon”. domain. “ The allegation that the law
or act in question is not yet effective
B. DIVISION cases
does not negate ripeness.
Sec 4. (3) “Cases heard by division shall
3. Philconsa v Villareal. “Petition
be resolved w/ the concurrence of a
compelling SHR to produce the books of
MAJORITY of the members who actually
account of that body, however before it
took part in the deliberations on the issues
could be decided, the 1973 consti
in the case and voted thereon and in no
abolished Congress. SC: moot and
case, w/o the concurrence of at least 3 of
academic.
such members. When the required number
 “MOOT & ACADEMIC” principle is not a
is not obtained, the case shall be decided
magic formula that can automatically
en banc: Provided: That no doctrine or
dissuade the courts in resolving a case.
principle of law laid down by the court
- Courts will discuss moot and academic
in a decision rendered en banc or in
cases if:
division may be modified or reversed
a. There is GRAVE VIO of the Consti
except by court sitting en banc.
b. The exceptional character of the
- There are now 3 divisions of SC with situation and the paramount public
5 mem each.  interest is involved;
c. The constitutional issue raised
G. JUDICIAL INQUIRY; Requisites. To requires formulation of
invoke the jurisdiction of the court. controlling principles to guide
(Dumlao v. Comelec) the bench, the bar, and the
1. Actual Controversy public;
2. Question of constitutionality must be d. Case is capable of repetition yet
raised by the proper party evading review. (1 yr residency
3. The constitutional question must be requirement of those running in the
raised at the earliest opportunity; P.O, Election offenses
and notwithstanding proclamation of
4. The decision of the constitutional municipal mayors , lawfulness of
question must be necessary to the certain appointments, despite the
determination of the case itself; approval of CSC= to avoid
repetition.
a. ACTUAL CASE. – Involves a conflict of 1. (FUNA V. THE CHAIRMAN ON COA).
legal rights, an assertion of opposite Court proceeded to resolve the petition
legal claims susceptible of judicial challenging the appointment of
resolution. respondent despite his subsequent
- Capable of being interpreted and resignation. [4 exceptions to the
enforced on the basis of existing law mootness rule are present]
and jurisprudence. 2. THE PROVINCE OF NORTH
Controversy appropriate for judicial COTABATO V. THE GOV’T OF THE RP
determination. Touching the legal relations PEACE PANEL ON ANCESTRAL
of parties having adverse legal interest. DOMAIN.(IN re: MOA-AD)
- “ The assertion that the MOA-AD is
- It must be real and substantial admitting subject to further legal enactments
of SPECIFIC RELIEF through a decree including possible constitutional
that is conclusive in character, as amendments more than ever provides
distinguished from an opinion advising impetus for the court to formulate
what the law would be upon a controlling principles to guide the bench
hypothetical state of facts.
and the bar and the public, and in the case technicality, the requirement of locus
the gov’t and its negotiating entity. standi may be waived by the court in the
 Issues involving transcendental exercise of its discretion.
importance. (ex. Construction and
 Senators are proper parties in suits
operation of international airports)
involving claims that the official action
3. ATIENZA v. [Link] ruled on
complained of infringes their
the lawfulness of the Governors POs and
prerogatives as such. (Prohibition of a
termination of casual employments
plebiscite for the ratification of a
despite the expiration of his term.
proposed consti amendment).
Reason: There is compelling reason for
3. SENATE V. ERMITA (2006). Who: PDP
the - Court to resolve the issues
Laban questions the validity of EO 464.
presented in order to clarify the scope
X LP
of the respective powers of Gov and V-
Requisites:
Gov under the LGC.
a. Public fund
b. Presence of a clear case of disregard of
b. PROPER PARTY
a constitutional or statutory prohibition
- one who has sustained or is in
by the public agency
immediate danger of sustaining
c. Lack of any party with a MORE
an injury as a result of the act
DIRECT AND SPECIFIC INTEREST in
complained of. Otherwise, NO LEGAL
raising the questions being raised.
PERSONALITY to raise the
constitutional question.
 X= “general interest” shared w/ the
1. PEOPLE V. VERA. “Gov’t of the PH was
rest of the citizenry. (IBP case
a proper party to challenge the
questioning Pres estra order deploying
constitutionality of the probation act
the Marine to combat criminality in
because, more than any other, it was
metro manila)
the gov’t itself that should be concerned
 Ordinary citizens may be considered as
over the validity of its own laws. “
clothed with locus standi when:
2. Quo warranto proceeding Proper
a. Proceeding involves a PUBLIC RIGHT/
party is the person claiming the position
Right to information & Freedom of
subject of the case. The private person
expression is invoked;
suing must show a clear right to the
b. Issues raised by them are of
contested office.
transcendental importance w/c must
- TAX PAYER’S SUIT is now
be settled early.
recognized.
GROUNDS:
- When the issue involves a public right, it
(1) Illegal disbursement of PF (2) Tax
is sufficient that the petitioner is a
measure is unconstitutional (3) illegal
citizen and has an interest in the
purpose (4) there is wastage of PF
execution of laws.
through the enforcement of an invalid
or unconsti law (5) loan contracts are
c. EARLIEST OPPORTUNITY. x x such
serviced or paid through a
that if it is not raised in the pleadings,
disbursement of PF.
it cannot be considered at trial, and, if
not considered on trial, it cannot be
 TP must show that (1) the act
considered on appeal”.
complained of directly involves the
illegal disbursement of PF derived EXCEPTIONS:
from taxation, hence in doing so a law a. In crim cases, AT ANY TIME in the
is violated or some irregularity is discretion of the court;
committed (2) he will sustain direct b. In civil cases, at ANY STAGE, if it is
injury from the act. necessary to the determination of
the case itself;
NOTE: SC retains discretion WON to
allow a TP suit. Being a mere procedural
 c. In every case, except where there fair play. The past cannot always be
is estoppel, at ANY STAGE, if it erased by a new judicial declaration. 
involves the jurisdiction of the - The doctrine is applicable when a
court. declaration of unconsti will impose an
undue burden on those who have relied
d. NECESSITY OF DECIDING THE on the invalid law.
CONSTITUTIONAL QUESTION - It can never be invoked to validate an
 The reason why courts will as much as unconsti law. The unconsti law remains
possible avoid the decision of consti unconsti, but its effects prior to its
question: Doctrine of SP w/c enjoins declaration as such may be left
upon each dept a proper respect for the undisturbed as a matter if equity and fp.
acts of the other depts. - Also applies to Executive acts e.g EOs
 “Every law has in its favor the (since they have the force and effect of
presumption of regularity. Unless a law) later on declared invalid
declared invalid, the same is valid and (Hacienda Luisita v. PARC)
binding for all intents and purposes”.
The theory is that, as the joint act of the b. Modern view. The court in passing
legislative and executive authorities, a upon the question of constitutionality
law is supposed to have been carefully does not annul or repeal the
studies and determined to be statute if it finds it in conflict with the
constitutional before it was finally consti. It simply refuses to recognize
enacted. Hence, as long as there is it and determine the rights of the
some other basis that can be used for parties just as if such statute had
its decision, the constitutionality will not no existence. The decision affects the
be touched and the case will be decided parties only and there is no judgment
on some other grounds. against the statute. The parties to the
 For reasons of public policy, suit are concluded by the judgment, but
constitutionality cannot be no one else is bound.
COLLATERALLY ATTACKED.
PARTIAL UNCONSTITUTIONALITY.
EFFECTS OF A DECLARATION OF Pursuant to the doctrine of SP, courts
NULLITY hesitate to declare a law totally unconsti
a. Orthodox view. (Norton v. Shelby and, as long as possible, it will salvage
County) valid portions thereof in order to give effect
- An unconstitutional act is not a law; it to the legislative will.
confers no rights, it imposes no duties, it
Requisites:
affords no protection; it creates no
a. Legislature is willing to retain the
office, IT IS IN LEGAL
valid portions even if the rest if the
CONTEMPLATION, inoperative, as if
statute is declared unconsti.
it had not been passed. All persons
- May be expresses: Separability
are bound by the declaration of
clause
unconsti.
b. Valid portions can stand
Exception to the general rule independently as a separate statute.
(orthodox view)
Basis: The actual existence of a statute
prior to its declaration of unconsti was an POWERS OF THE SUPREME COURT
operative fact that might have
consequences w/c could not justly be a. Original Jurisdiction
ignored. Sec 5. (1). “Exercise OJ over cases
- This “doctrine of operative fact”, as affecting ambassadors, other public
an exception to the GR, only ministers, and consuls, and over petitions
applies as a matter of equity and for certio, prohi, manda, quo, and habeas
corpus”
 Under IL, diplomats, and even b. APPELLATE JURISDICTION
consuls to a lesser extent, are not
Art 5, Sec 2. x x review, revise, reverse
subject to the jurisdiction of the
on appeal or certiorari.. final judgment/
courts of the receiving state. In such
order of LC or other QJB xx
instances, the SC can and probably
should take cognizance of the 1. All cases in w/c the constitutionality/
litigation. validity of any T/ I/E agreement..
 Certio, prohi, manda are special civil 2. x x legality of any tax/ assessment/
actions. The questions raised here penalty related thereto.
are Q of Juris and GAD. In quo, title of 3. x x jurisdiction of LC is in issue
the respondent and habeas corpus, a 4. x x when penalty is RP or higher
spec pro. 5. x x ONLY AN ERROR/ QUESTION OF
 Although jurisdiction in these LAW.
matters are conferred concurrently
w/ CA and RTC, the nature and NOTE: Right to appeal is not embraced in
importance of the issues raised may the Due process of law. As long as an
warrant direct resort to the SC. hearing was conducted in the LC, aggrieved
However, SC maintained though that party cannot demand the right to appeal if
its possession of OJ over these the legislature sees to withhold it.
petitions does not give the parties - Right to appeal is a STATUTORY
complete liberty or discretion to file RIGHT entirely dependent upon the
their petition in any of these courts. discretion or policy of the lawmaker. (If
In the absence of special reasons, the Cong allows it)
they cannot disregard the hierarchy
of courts by seeking relief directly THIS RULE IS NOT ABSOLUTE!
from this court despite the fact that EXCEPTION: APPELLATE JURISDICTION
the same is available in the lower OF SC via appeal or certiorari!!!
tribunals in the exercise of their
- Irreducible and may not be
original concurrent J.
withdrawn by Congress.
 PRINCIPLE OF JUDICIAL
- “Provided that only PURE
COURTESY based on the hierarchy
QUESTION OF LAW arising from
of courts and applies only to lower
decision of LC or Judicial Tribunals.
courts in instances where, even if
(ADMINISTRATIVE DECISIONS ARE
there is no writ of preliminary
NOT INCLUDED!!!) . If mixed CA.
injunction or tro issued by a
higher court, it would be proper for
 IN CASE: Administrative Agencies:
a lower court to suspend its
A. Question of FACT entirely up to the
proceedings for practical and ethical
legislature, w/o it, appeal canot be
considerations.
taken as a matter of right.
- Applies where there is “ a strong
B. Question of LAW INHERENT.
probability that the issues before the
Except: Admin Agencies to SC
HC would be rendered moot and
(Cannot be, not included in this Sec
moribund as a result of the
2)
continuation of the proceedings in
Ex. COURT MARTIAL.
the LC or court of origin”
- This principle cannot be applied to NOTE!! LC has jurisdiction to decide
the Pres, who represents a co-equal constitutional questions SUBJECT TO
branch of the gov’t. REVIEW BY SC.
 PRINCIPLE OF HIERARCHY OF
COURTS. Recourse must first be Ex. RTC. Sandiganbayan (2012-
made to the lower-ranked court Coconut Producers vs. RP)
exercising concurrent Question: CTA? NO. “X REGULAR
jurisdiction with a higher court. COURT/ Lower Court”
- “Constitutionality or validity of a effective at once, so long as the
law/ rule issued by an AA in the changes does not affect vested
performance of QLF (ex. Issued rights. THERE IS NO VESTED
RR), regular court have juris to RIGHTS TO RULES OF PROCEDURE,
pass upon the same” which is why it may be given retro
effect.
C. TEMPORARY ASSIGNMENT OF  Rules of procedure of SPECIAL COURTS
JUDGES. and QJB shall remain effective unless
“ x x to other stations as public interest disapproved by SC.
may require, BUT SHALL IN NO CASE
EXCEED 6 MOS w/o the consent of the F. APPOINTMENT OF COURT
judge concerned x x “ PERSONNEL
“Appoint ALL official and employees
D. Order a change of venue/ place of trial of the JUDICIARY in accordance w/
to avoid a MISCARRIAGE OF JUSTICE. the CS law. “
Exception to the rule in crim cases that
G. ADMINISTRATIVE SUPERVISION OF
“VENUE IS JURISDICTIONAL”.
COURTS. “xx over all court and
E. RULE MAKING POWER personnel thereof”
“Promulgate rules concerning the - “it is only the SC that can oversee the
protection and enforcement of consti judges’ and the court personnel’s
rights, pleading, practice, and compliance with all laws, and take the
procedure in all courts, admission to proper administrative action against them if
the practice of law x x” they commit any violation thereof. NO
OTHER BRANCH OF THE GOV’T MAY
Ex. AMPARO RULE. “In light of the INTRUDE INTO THIS POWER W/O RUNNING
prevalence of extralegal killing and AFOUL OF THE DOCTRINE OF SP.
enforced disappearances”. (ADMINISTRATIVE ASPECT)
 LIMITATIONS: - However, this does not preclude the
1. Must be uniform for all courts of the OMBUDSMAN from taking cognizance of
same grade the criminal cases, or purely the
2. Must NOT diminish, increase or modify criminal aspect of cases, against judges,
substantive rights. especially when the admin aspect
thereof had been duly endorsed or
Substantive created and defined by referred to the SC for adjudication.
express enactment as opposed to a mere - Lawyers who occupies what may be
remedy devised to enforce such right or termed as QJ office since he performs
obtain redress therefor. official functions that are akin to judges-
part of the QJ system of the gov’t. (Ex.
 RULE 108 of the RC authorizes
Provincial Adjudicator of the DAR.-
correction only if CLERICAL ERRORS
TADLIP v. Atty Bores Jr. 2005
and NOT MATTER AFFECTING
SUBSTANTIVE RIGHTS (Status/
Citizenship*)-beyond the power. Rule
108 provides only for the procedure or TENURE OF JUDGES
mechanism for the procedure or Sec 11. “Member of the SC and judges of
mechanism for the proper enforcement the LC shall hold office DURING GOOD
of the substantive law embodied in Art BEHAVIOR until they reach 75 or
412 of the NCC and SO DOES NOT VIO become incapacitated to discharge the
the Consti. duties of their office.
*Pwd= As long as adverse proceeding
are held. SC en banc shall have the power to
 Rules of procedure may be discipline judges of LCs or order
modified at any time and become dismissal by a vote of majority of the
members who actually took part in the - W/O it, losing party cannot pinpoint the
deliberations in the issues in the case and possible errors of the court for review by
voted thereon. the higher tribunal.
- Only applies to DECISIONS
- Security of tenure until they reach the
(Judgement rendered after the
retirement of age of 70.
presentation of proof or on basis of
- Members of the judiciary may be
a stipulation of facts). Mere ORDERS
removed only in proper admin proc
are not covered since they dispose of
conducted or ordered by SC.
only INCIDENTS of the case, such as
- Included in the “Judges of LC”-Judges of
postponements. The only exception
Sandiganbayan.
is an ORDER OF DISMISSAL ON THE
- Power of the Cong to create, reorganize,
MERITS.
or even abolish courts INFERIOR TO SC
is plenary. The security of tenure is not CHUNG v. MONDRAGON. As long as the
a personal privilege. decision is COMPLETE, CLEAR and
CONCISE, there would be no breach of the
Note: Relate to Sec 2. “No law shall be
consti mandate. “Brevity should not be
passed reorganizing the judiciary
mistaken for Levity”
when it undermines the security of
tenure of its members” - Minute Resolutions Nothing wrong. As
where the case is patently w/o merit. In
CONSULTATIONS OF THE COURT
any case, the court is not duty bound to
render signed decisions all the time. As
Sec 13.“xxThe conclusions of the SC in
long as a legal basis is given, minute
any case submitted to it for decision
resolutions are valid.
en banc or division shall be reached in
- This constitutional mandate is also
consultation before the case is
INAPPLICABLE to admin cases decided
assigned to a member for the writing
by SC.
of the opinion of the court”
- Par 2 of this section is NOT APPLICABLE
 As a collegiate court, the SC is TO Administrative Proceedings
required to reach its conclusions conducted by Excecutive / Admin Bodies
after full deliberation among its nd of Military Tribunals because they
members. The primary purpose of a are nor court of justice.
collegiate court is precisely to
PRINCIPLES:
provide for the most exhaustive
deliberation before a conclusion is 1. SUB JUDICE RULE restricts
reached, comments and disclosures
 Once agreement is reached at by the pertaining to judicial proc to avoid
required majority, a members is prejudicing the issues, influencing the
assigned as the ponente of the Court. court or obstruct the admin of justice.
 Any member who took no part, or CONTEMPT ka!
dissented or abstained must state the 2. RES JUDICATA “Final judgment or
reason therefore. decree on the merits by a court of
competent juris is CONCLUSIVE of the
DECISIONS OF THE COURT
rights of the parties or their privies
Sec 14. No decision shall be rendered by in all later suits on all points”
any court w/o expressing therein CLEARLY 3. CONCLUSIVENESS OF JUDGMENT
and DISTINCTLY the facts the law on which When a right or fact has been
it is based. judicially tried and determined by a
court of competent juris, or when an
No petition for review/MR shall be refused opportunity for such trial has been
or denied w/o stating the legal basis given, the judgment of the court, as
therefor. long as it remains unreversed, should
- Reason: DUE PROCESS. be CONCLUSIVE of the rights of the
 parties or their privies. (Bars the re- c. Void judgments
litigation of facts already settled) d. Whenever circumstances transpire after
4. LAW OF THE CASE. Where an the finality of the decision that render
appellate court has made a ruling on a its execution unjust and inequitable.
question on appeal and thereafter
SALARIES OF JUDGES-
remands the case to the LC for further
proc; the question settled by the Sec 10. “xx CJ, Associate Justices and of
appellate court becomes the law of the Judges of LC shall be FIXED BY LAW.
case at the LC and in any subsequent During their continuance in office,
appeal. their salary cannot be decreased. “
5. STARE DECISIS ET NON QUIETA
MOVERE. “Adhere to precedents, and PERFECTO V. MER and Endencia v.
not to unsettle things which are DAVID.
established”. When SC has laid down a - Imposition of income taxes on their
principle of law as applicable to a salaries was unconsti because it
certain state of facts, it will adhere would result in the reduction of their
to that principle, and apply it to all salary.
future cases, where such facts are
substantially the same; regardless PERIODS FOR DECISION.
of whether the parties and property MANDATORY!!!
are the same. ADHERENCE TO
“x x within 24 mos from the date of
JUDICIAL PRECEDENTS.
submission for the SC and unless reduced
6. FINALITY OF JUDGMENT OR
by the SC, 12 mos for all lower collegiate
IMMUTABILITY OF JUDGMENT. Once
courts, and 3 mos for all other LCs.
a judgment has become final and
executory, it may no longer be modified Deemed submitted for decision/reso: Filing
in any respect, even if the modification of the last pleading, brief, memoranda”
is meant to correct an erroneous
conclusion of fact or law, and regardless CHAPTER 17. ACCOUNTABILITY OF
of whether the modification is PUBLIC OFFICERS.
attempted to be made by the court “Public office is a public trust”
rendering it or by the highest court of - Underlying reason for the relaxation
the land, as what remains to be done is of requirements of due process of
purely ministerial enforcement or law in admin pro.
execution of judgment.
Note: ADMIN OFFENSES DO NOT
Purpose: PRESCRIBE. By its very nature, pertain to
a. Avoid delay the character of public o/e. In disciplining
b. Put an end to judicial controversies, at public o/e, the object sought is not the
the risk of occasional errors, which is punishment of the officer but the
precisely why courts exist. improvement of the public service and
Exemptions: preservation of the public’s faith in our
a. Correction of clerical errors gov’t.
b. Nunc pro tunc entries which cause no I-IMPEACHMENT- Power of cong
prejudice to any party (senator-judges) to remove a
- An entry made now of something w/c public o/e for serious crimes or
was actually previously done, to have misconduct.
the effect as of the former date. Its
office is not to supply omitted action by NATURE: Essentially a non-legislative
the court, but to supply an omission in prerogative and can be exercised by the
the record of action really had, but CONG only within the limits provided for by
omitted through inadvertence or the consti.
mistake.
A. Impeachable officers: (EXCLUSIVE!) majority vote of all its members, shall
(ART 11, sec 22) submit its report to the House w/in 60 days
1. Pres from such referral, together w/ the
2. VP corresponding reso…
3. Members of the SC (3)A vote of at least 1/3 of all members of
4. Members of the ConCom the house shall be necessary either to
5. Ombudsman affirm a favorable reso or override its
- Deputy Ombudsman and Special contrary reso.
Pros are NOT impeachable officers (4)In case the verified complaint/ reso is
even if the law provides for the same filed by (3) 1/3 of all members of the
grounds as removal by HR, the same shall constitute the Articles
impeachment. of Impeachment, and trial by senate shall
- SANDIGANBAYAN. NO. Can be removed proceed.
by the SC. “all judges of the LC (5)One impeachment pro/ year.
(Sandiganbayan included)- are under (6) The senate shall have the sole power to
the disciplinary power of the SC”. try and decide all cases of impeachment. IF
- Impeachable officers who are members Pres: CJ of SC, but shall not vote. No person
of the Bar cannot be disbarred w/o first shall be convicted w/o the concurrence of
being impeached. (People v. 2/3 of all mem of SENATE.
Benipayo) (7) Judgment in cases of impeachment:
shall not extend further than removal from
B. GROUNDS FOR IMPEACHMENT (Not office and disqualification from to hold any
exclusive) office under RP, but the party convicted
a. Culpable vio of the consti shall nevertheless be held liable and
b. Graft and Corruption subject to pros, trial and punishment
c. Treason according to law.
d. Betrayal of PT- “catch-all” to cover all
“Initiate” operative act: filing of the
acts not punishable by the criminal
verified complaint. Once filed, no other
statutes but nonetheless, render the
impeachment pro may be filled against the
offender unfit to continue in office. Ex.
same official. Meaning: even if grounded on
Inexcusable negligence, favoritism, obs
baseless complaint.
of justice.
-Less than criminal but must be  If no longer in the public service:
attended by bad faith and of such disqualification
gravity and seriousness as the If still: removal and disqualification
other grounds for impeachment.  Judgment of the Cong in an
e. Bribery impeachment proceeding is normally
f. Other High crimes not subject to judicial review
because of the vesture in the Senate of
C. PROCEDURE the “sole power to try and decide
- Only the HR can INITIATE an all cases of impeachment”.
impeachment case by a vote of at least - Involve the exercise of wisdom and
1/3 of its members. discretion and therefore come under
- SENATE has the sole power to TRY the category of PQs. BUT the courts
AND DECIDE such case, which can may annul the pro IF there is a
convict only by a vote of at least 2/3. showing of GAD committed by the
Sec 3 (2). “x x A verified complaint for Cong OR noncompliance with the
impeachment may be filed by (1)ANY procedural req of the consti (ex.
MEMBER of HR or (2) any citizen upon a Par2)
reso or endorsement by any member (HR),  Judgment of conviction is also NOT
and referred to the proper committee ([Link] SUBJECT to the pardoning power of
Justice) w/in 3 session days thereafter. The the pres.
committee, after hearing, and by a
 II- THE SANDIGANBAYAN(Art 10. - Same rank and compensation
Sec 4) ConCOm.
“xx The present anti-graft - Enjoys fiscal autonomy and the power to
court x x” appoint its own o/e in accordance w/
- OJ over civil and criminal cases CSC law.
involving GAP and such other - May be removed only through
offenses committed by public o/e*, impeachment.
including those in the GOCCs**, in A. COMPOSITION
relation to their office as may be - Ombudsman- “Tanodbayan”
determined by law***. - One over-all Deputy
- Same rank as the CA. 1 presiding judge- - At least 1 deputy for LuzViMinda
14 assoc. Sits in 5 divisions/ 3 justices - A separate deputy for the military
each. establishment may likewise be
- *Public O/E, whether permanent, acting appointed.
or interim capacity, w/ salary grade 27. B. APPOINTMENT
- **GOCCs, WON they have original - Appointed by the PRES from a list of
charters. at least 6 nominees prepared by JBC,
- ***where the penalty prescribed by law and from a list of 3 nominees every
is higher than PC (6 yrs/ fine of 6K) vacany thereafter.
 ALL *,**,*** must concur together!!! C. TERM
- Under RA 3019, Sandiganbayan shall - Fixed at 7 years w/o reappointment,
place public officers under suspension and is NOT STAGGERED.
pendete lite for not more than 90 - Prohibited to run for elective position
days. Although this suspension is immediately following their cessation
mandatory, it requires a prior hearing to from Office.
determine the validity of the D. POWERS and FUNCTIONS
information.
 This suspension is a mere preventive Sec 12. “xx act promptly on
measure. “Unless the accused is complainants filed in any form or manner
suspended, he may frustrate his against public o/e of the gov’t, or any subd
prosecution or commit further acts of including GOCCs, and shall, in appropriate
malfeasance or do both”. case, notify the complainants of the action
- Appellate jurisdiction over final taken and result thereof”
judgments, reso, orders of RTCs  The Ombudsman may delegate the
whether in the exercise of their original fact-finding aspect of this function to
or appellate J. the NBI.
- Decisions appealable to the SC via  Ombudsman exercises both criminal
petition for review on certiorari raising and administrative jurisdiction.
purely Q of law (45)  Exercises primary jurisdiction to
- A private complainant in a crim case investigate act/omission of public o/e of
before the sandiganbayan is allowed to a public officer in CRIM CASES
appeal only the civil aspect of the cognizable by the Sandiganbayan
case after its dismissal by said court. and concurrent juris w/ other
investigative agencies of the gov’t w/
respect to criminal cases involving
THE OMBUDSMAN
public o/e cognizable with the regular
- Constitutional office and therefore
courts.
may not be abolished nor its
 It can conduct PI and prosecute
composition be changed by
criminal and administrative cases
ORDINARY LEGISLATION.
involving not only public o/e who fall
- Appointment of the Ombudsman and its
w/in the juris of Sandiganbayan but
deputies are not subject to the
also those subject to the jurisdiction
confirmation of COA.
of regular courts as well, even if
 lower than salary grade 27. (Uy v. b. The charge involves dishonesty,
Sandiganbayan 2001) oppression, grave misconduct or
 It need not conduct PI if it finds the neglect of duty
complaint devoid of merit and instead c. Charge would warrant removal from
recommends its outright dismissal. It is the service
also w/in their discretion to determine d. Respondents continued stay may
whether PI should be conducted. prejudice the case filed against him.
 GR: SC will not interfere with the  Preventive suspension, although
Ombudsman’s exercise of his immediately executory, may be
investigatory and prosecutor power subject to MR.
EXCEPT: GAD.  Appeal in ADMIN CASES Court of
 Mandamus? YES. Appeals, Rule 43. Such an appeal may
 While the Ombudsman has full be MADE IF THE PENALTY IS MORE
discretion to determine WON a crim THAN 1 MONTH. Said penalty shall
case should be filed in the however be immediately executory
Sandiganbayan, however, ONCE THE even pending appeal in the CA. It
CASE has been filed with said court, it is may not be stayed by the filing of an
the Sandiganbayan, and no longer the appeal or the issuance of an injunctive
Ombudsman, which has full control of writ.
the case.  If penalty is less than 1 mo Final
 The remedy of aggrieved parties and unappealable. However, it would
from reso of the Ombudsmans still be subject to the test of
finding probable cause in criminal arbitrariness or GAD through a petition
cases or non- admin cases, for certiorari under Rule 65 w/c may be
when tainted with GAD, is to file filed before the CA.
an original action for certiorari  Doctrine of Res Judicata does not
under Rule 65 with the SC. apply to decisions of the
 Has direct disciplinary authority over Ombudsman. The doctrine applies only
elected and appointed officials of the to judicial and QJ proceedings, NOT TO
gov’t except those who can only be THE EXERCISE OF ADMIN POWERS.
removed through Impeachment/ Mem of
congress and the judiciary. E. DEPUTY OMBUDSMAN and
- “Not merely advisory” but “actually PERSONNEL of the office of the
mandatory w/in the bounds of ombudsman.
law”.
Sec 10. “The o/e of the office of the
 Has the power to impose the penalty
ombudsman OTHER THAN THE
of removal, suspension, demotion,
DEPUTIES (Appointed by the Pres),
fine or censure of a public o/e
shall be appointed by the Ombudsman
(ADMINISTRATIVE SANCTIONS)
accdg to the CSC Law. “
 The prescriptive period of “one year”
does not refer to the prescription of the - Not impeachable although the
offense but to the discretion of the grounds for their removal are the
ombudsman on whether it would same as the grounds for
investigate a particular administrative impeachment.
complaint. - Power of the pres to remove deputy
 Under RA 6770, the Ombudsman or his ombudsman- justified by the Pres
deputy may preventively suspend power to appoint: necessarily carries
any o/e under his authority pending an with it the power to remove.
investigation if in his judgment: (without - Consistent with the doctrine of
pay: 6 mos) primary jurisdiction, when the Pres
a. Evidence of guilt is strong takes congnizance of an admin case
against a Deputy Ombudsman, the
latter would be precluded from
 taking cognizance over the same. - In order to suppress any questionable
(Concurrence of jurisdiction) accumulation of wealth. “Any public
o/e who has acquired money or property
F. THE SPECIAL PROSECUTOR manifestly disproportionate to his salary
- “OLD TANODBAYAN”.  Limited to or his other lawful income shall be prima
and charged with the prosecution of facie presumed to have illegally
graft and corrupt cases. acquired it”(Ombudsman v. Rancho
- Allowed to retain such powers as had 2011)
not been transferred to the - Basis of monitoring the income and
Ombudsman. lifestyle of public o/e to promote
transparency in gov’t.
G. ILL-GOTTEN WEALTH
CHANGE OF CITIZENSHIP
- Ferret out and recover unlawfully
acquired properties, which are - “ipso facto” lose his title to the office
supposed to be forfeited to the State. held by him here in the PH”. At any rate,
the phrase “shall be dealt with by
Sec 15. The right of the state x x shall
law” leaves the final say on this matter
not be barred by prescription, laches
to the legislature, which could enact the
or estoppel x x “
needed law.
- This provision applies only to CIVIL - Allegiance necessarily springs from, or
CASES for the recovery of ill-gotten is the essence of citizenship, as a
wealth, and not to criminal cases (ex. requirement for public office, such that
RA 3019 involving graft and corrupt). when the indi voluntarily retains or
MAY BE BARRED BY PRESCRIPTION. maintains his ties w/ a foreign country,
(15 years) he cannot claim sole allegiance to the
 If commission of the crime is known, PP RP and would therefore be disqualified.
shall commence on the day it was
DUAL CITIZENSHIP v. DUAL
committed. PP shall be interrupted when
ALLEGIANCE
the proceedings
- Running of PP will be interrupted  Art 4- CITIZENSHIP
filing of complaint. - The concern was NOT DC per se but
- Run again dismissed for reasons with naturalized citizens who
not constituting DJ. maintain allegiance to their
countries of origin even after
LOANS limited to “business purposes”
naturalization.
and does not include personal purposes.
- RA 7160 refers to DUAL ALLEGIANCE
Sec. 16. “No loan/ guaranty or other form of - A person simultaneously owes, by
financial accommodation for any some POSITIVE ACT, LOYALTY to 2 or
business purpose may be granted, more states.
directly/indirectly to the PRES,VP,  Persons with DUAL CITIZENSHIP Their
CABINET, CONGRESS, ConCom, condition is an unavoidable
Ombudsman, or to any firm or entity in consequence of conflicting laws of
w/c they have controlling interest, during different states.
their tenure” - Person is considered as national
of both states.

ASSETS AND LIABILITIES (SEC 17)

- ALL PUBLIC OFFICIALS AND AMENDMENTS AND REVISIONS
EMPLOYEES. “A law that has ceased to grow has ceased
WHEN: Upon assumption of office and as to be, and this is true especially for the
often as may be required by law. supreme and fundamental law”
 Changed in the constitution may be
effected by a mere modification in its A. PROPOSAL
interpretation by the courts. 1. Directly by the Congress (3/4 of all
 However, there are some provisions its members)
which are called “iron rules” which are - Suggested IF: what is intended is a
not malleable to judicial interpretation. mere amendment or change of
Ex. Age qualifications- composition of particular provisions. (Direct
COA. legislative action). Avoid
unnecessary expenditure of public
A. KINDS OF CONSTITUTION funds and time.
a. Written- embodied in 1 doc/set of 2. Constitutional convention- Vote of
documents 2/3 of all members of Congress, or by a
b. Unwritten- X integrated into a MAJORITY* vote, submit to the
single, concrete form. electorate the question of calling such a
c. Conventional-an enacted consti, convention. (*If they cannot make up
formally “struck off” at a definite their mind)
time and place ff. a conscious effort
SUGGESTED IF: Total overhaul of the
taken by a constituent body.
Consti.
d. Cumulative- Result of a political
evolution “not inaugurated at any ConCon- as long as it exists and confines
specific time but changing by itself w/in the sphere of its jurisdiction, it
accretion rather than by any must be considered INDEPENDENT and CO-
systematic method. EQUAL with the other depts of the gov’t.
e. Rigid- Can be amended only by (FRANTZ v. AUTRY)
formal and usually difficult process.
f. Flexible- Changed by ordinary  Nevertheless, the choice of the method
legislation of proposal lies in the exclusive
discretion of the Congress.
PHIL CON Written. Conventional.
Rigid
3. (PROPOSE AMENDMENTS ONLY and
EFFECT: PERMANENCE in CHARACTER not revisions)People though
initiative upon a petition of at least
Positive: Capacity to resist capricious
12% of the total number of registered
change.
voters, of w/c every legislative district
Negative: Unable to adjust to the genuine
must be represented by at least 3% of
need of the people change.
the registered voters therein. No
 The Constitution may be changed either amendment under this section (thru
by AMENDMENT or REVISION. initiative) shall be authorized w/in 5 yrs
following the ratification of this Consti
Amendment isolate or piecemeal nor oftener than once every 5 years
change only, thereafter.
Revision revamp or rewriting of the
Essential elements. The entire proposal
whole document.
on its face is a petition by the people.
Lambino v. COMELEC (2006). “Revision
a. People must author and thus sign
implies a change that ALTERS A BASIC
the entire proposal- No agent or
PRINCIPLE IN THE CONSTI. Amendment on
rep can sign on their behalf.
the other hand, Amendment referes to a
b. As an Initiative upon petition, the
change that adds, reduces, or deletes
proposal must be embodied in a
WITHOUT ALTERING THE BASIC PRINCIPLE
petition.
IN THE CONSTI.
 PROCEDURE (Proposal and B. RATIFICATION
Ratification)
If under Sec 1 Shall be valid when remain in force unless inconsistent
ratified by a MAJORITY OF THE VOTE with this consti or changed by the
CAST IN A PLEBISCITE which shall be legislature or the pres.
held not earlier than 60 days nor later than
Sec 4. All existing treaties or IAs which
90 days after the approval of such
HAVE NOT BEEN RATIFIED shall not be
amendment or revision.
renewed or extended w/o the concurrence
If under Sec 2 Shall be valid when of at least 2/3 of all members of the
ratified by a MAJORITY OF THE VOTE Senate.
CAST IN A PLEBISCITE which shall be - If ratified- No need for the
held not earlier than 60 days nor later than concurrence of Senate.
90 days after the certification by the
COMELEC of the sufficiency of the
petition. Sec 7 & 8. RESERVED EXECUTIVE
POWERS
 Thus, it involves the people
themselves in the sovereign act of Pending the election and organization of
drafting or altering the the Congress, the incumbent Pres shall
fundamental law. In the case of a continue to exercise legislative
mere statute, it suffices that it is powers” which she would lose ONLY when
enacted by their chosen rep “the first congress in convened.”
pursuant to their mandate.
 “60-90 days” reasonable time; Sec 7. Until a law is passed, the Pres may
intended to answer present needs/ fill by appointment from a list of nominees
problems. by the respective sectors the seats
 JUDICIAL REVIEW OF AMENDMENTS reserved for sectoral representation.
- Question of validity of the adoption
of amendments to the Consti is
regarded as subject to JR. Courts
may inquire WON the prescribed
procedure for amendment has
been observed.

CHAPTER 19. TRANSITORY

PROVISIONS
- Do not have permanent duration.
- In time become functus officio as the POLITICAL LAW- AGPALO
purposes of the several section thereof Constitution, aside from an allocation of
are fulfilled. power is also a social contract whereby the
Sec 1,2 & 5. Deals with elections and people have surrendered their sovereign
have already been adverted to in Chapter powers to the State for the common good.
8. Purpose: Synchronize elections for local Sovereignty “ultimate power/ absolute
and national officials. right to govern”.
Sec 3 & 4. Existing laws and Treaties. - Relate to: Right to revolution is an
Sec 3. All existing laws, decrees, EOs, and inherent right of the people to cast
other executive issuances NOT out their rulers, change their
INCONSISTENT with this consti shall remain polity..etc. If it succeeds, the existing
operative until amended, repealed or consti is abrogated. Ex EDSA I revo.
revoked.
- All laws existing at the time of the
ratification of the new consti shall