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That bianch of public law which ueals with the oiganization anu
opeiation of the goveinment oigans of the state anu uefines the
ielations of the state with the inhabitants of its teiiitoiy.
1


Scope of Political Law: The entiie fielu of political law may be
subuiviueu into the ff

a) !"# %& '()!*+ ",-*.*/01"0*%. - ueals with the oiganization anu
management of the uiffeient bianches of the goveinment,
b) +%./0*0(0*%."! !"# - ueals with the guaianties of the constitution
to inuiviuual iights anu the limitations on goveinmental action
c) ",-*.*/01"0*23 !"# - ueals with the exeicise of executive powei in
the making of iules anu the uecision of questions affecting piivate
iights anu
u) !"# %& '()!*+ +%1'%1"0*%./ - ueals with goveinmental agencies foi
local goveinment oi foi othei special puiposes.

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In the sense in wc the concept is unueistoou in Ameiican anu
Philippine }uiispiuuence, constitutional law is a teim useu to
uesignate the law embouieu in the constitution anu the legal
piinciples giowing out of the inteipietation anu application maue
by couits of the piovisions of the constitution in specific cases. xxx

Constitutional law foims a uistinct bianch of juiispiuuence uealing
w the legal piinciples affecting the natuie, auoption, amenument,
anu opeiation of the constitution.
2
(Sinco 67.)

+/ +30;17151730 C:A70:4

4"5"," "., 631.".,%7 "It may be moie specifically uefineu as a
wiitten instiument oiganizing the goveinment, uistiibuting its
poweis anu safeguaiuing the iights of the People."

8"!+%!- "., 9"(13!: "It is the wiitten instiument by which the
funuamental poweis of goveinment aie establisheu, limiteu anu
uefineu, anu by which those poweis aie uistiibuteu among the
seveial uepaitments foi theii safe anu useful exeicise foi the benefit
of the bouy politic."

:(,;3 <%%!3=7 "Bouy of iules anu maxims in accoiuance with which
the poweis of soveieignty aie habitually exeiciseu."
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1. Qualities
a. <!3"1.3// - "conuucive to a coiiect anu piopei

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unueistanuing of its piovisions"
4

b. >132*0=- "its gieat outlines shoulu be maikeu, its
impoitant objects uesignateu, anu the minoi ingieuients
wc compose those objects be ueuuceu fiom the natuie of
the objects themselves."
S

c. <%-'13?3./*23 - "covei all the essentials.. geneial teims
aie useu"
6

2. Contents
a. @13"-)!3 - stating the motives foi the foimulation of the
constitution anu its basic puiposes
7

b. >*!! %& 1*;?0/ - "a statement of the iights of the inuiviuual
which aie noimally piotecteu against impaiiment,
usuipation, oi iemoval by any foim of goveinmental
action"
8

c. 61"-3#%1A %& 0?3 B%231.-3.0
u. @1%2*/*%./ &%1 C-3.,-3.0 - both pioceuuial (oiueily
methou of biinging about the most iauical constitutional
iefoims that the people uesiie) anu substantive (offei an
oppoitunity foi the ueletion of obsolete oi ill-suiteu
poitions of the Constitution anu foi the filling up of
unuesiiable gaps wc ienuei the constitutional system
inauequate)
9


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! 0nlike othei countiies in Southeast Asia, the 031730 of a cential oi
national goveinment was unknown in the Philippines until the
establishment of Spanish soveieignty.
! Even aftei the establishment of soveieignty, the 031730 of
constitutionalism uiu not gain giounu until about 1869, when
libeitaiian iueas fiom Euiope founu theii way to the countiy as a
iesult of the opening of the Suez Canal.
! The Tieaty of Paiis, by which the Philippine Islanus weie ceueu to
the 0niteu States, is geneially iegaiueu as establishing the
A3504=1730 of the constitutional system of the countiy. The Nalolos
Constitution uiu not last, was moie of a ?*/0%1*+"! *.0313/0 accoiuing
to the authoi.

!97>7MM70: +30;17151730=> C:N:>3M?:01

-9: #=2>L (?:276=0 O3N:20?:01
! Philippines as D.*.+%1'%1"03, 4311*0%1= -- Tieaty of Paiis ceueu the
Philippines to the 0S. The 0S constitution, howevei, was not
extenueu by the teims of the tieaty. Auministiation of the islanus
was conuucteu by means of chaiteis (oiganic acts) ,31*23, &1%- 0?3
&%1-"!!= 3E'13//3, #*!! %& 0?3 DF @13/*,3.0 "., <%.;13//.
! Piincipal 0iganic Acts -- Piesiuent NcKinley's Instiuctions to the
Seconu Philippine Commission, Act of Congiess of }uly 1, 19u2
(Philippine Bill), Act of Congiess of August 29, 1916 (}ones Law).

o !2:;74:01 &6K70>:LJ; %0;12561730;
" uiiecteu the Seconu Philippine commission to give
piioiity to the establishment of municipal anu
piovincial goveinments, giving Filipinos the
oppoitunity to manage theii local affaiis to the
fullest extent of which they weie capable, subject to
the least uegiee of supeivision anu contiol .
consistent with the maintenance of law, oiuei anu
loyalty.
" pioviueu foi the tiansfei of legislative authoiity
fiom the Nilitaiy uoveinoi to the Commission, but
8*!*0"1= B%231.%1 #"/ 0% 13-"*. 0?3 +?*3& 3E3+(0*23
?3", %& ;%231.-3.0.
" uiiecteu the commission to consiuei the customs,
habits, anu even piejuuices of the natives in the
enactment of laws, but theie weie ceitain gieat
piinciples anu piactical iules of goveinment which

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Type 1
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3
must be establisheu anu maintaineu howevei much
they conflict with the customs anu laws of the
inhabitants.
! Spoonei Amenument tiansfoimeu the goveinment fiom a
militaiy to civil one, tiansfeiieu the executive poweis of the
militaiy goveinoi to the Piesiuent of the Philippine
Commission.
! By an act of the Philippine Commission, a couit system was
establisheu consisting of a Supieme Couit, Couits of Fiist
Instance, anu }ustice of the Peace Couits.

o !97>7MM70: B7>>
" By means of the Act of }uly 1, 19u2 (Philippine Bill),
the 0S Congiess assumeu the auministiation of the
islanu. Initially, no substantial changes weie maue.
" 0n 0ctobei 16, 19u7, the stiuctuie of the law
making bouy was alteieu. The Philippine
Commission became the uppei chambei, an all
Filipino assembly (the Philippine Assembly) acteu as
the lowei house.
" Enacteu laws weie to be iepoiteu to the 0S
Congiess, Philippine Supieme Couit uecisions
subject to the juuicial ieview of 0S Supieme Couit.
" The Philippine Bill uefineu foi the fiist time who
weie ueemeu citizens of the Philippine Islanus.
" The law containeu a slightly expanueu Bill of Rights.
Some of the mouein limitations on the legislative
powei owe theii expiession to the Philippine Bill.
" It also containeu piovisions foi the sale anu lease of
public lanus, gave citizens of the 0S the iight to oui
mineial lanus.

o !97>7MM70: (51303?L (61
" By this act the 0niteu States foimally announceu its
intention to withuiaw fiom the islanus. The Act set
up an elective Philippine Legislatuie composeu of a
Senate anu a Bouse of Repiesentatives.
" The /('13-3 3E3+(0*23 '%#31 was vesteu in the
uoveinoi ueneial whose office was maue sepaiate
anu uistinct fiom that of the legislatuie. The act gave
the uoveinoi ueneial the authoiity to appoint by
anu with the consent of the Senate executive
officials. Concuiience of the lawmaking bouy was
not iequiieu in suspenuing the wiit oi pioclaiming
maitial law. The uoveinoi ueneial was given the
exclusive powei to giant paiuons anu iepiieves, the
powei to veto legislative enactments.

! 0smea-Roxas mission secuieu the passage of Baie-Bawes
Cutting Act which piomiseu inuepenuence foi the Philippines
aftei 1u yeais. Rejecteu by the Philippine Legislatuie unuei the
leaueiship of Nanuel Quezon.
! Quezon leu anothei mission anu was able to secuie the
Tyuings-Ncuuffie Act which authoiizeu the Philippine
Legislatuie to call an election of uelegates to a constitutional
convention as fiist step to inuepenuence. The act piesciibeu S
steps foi the auoption of a constitution: (1) the calling of a
constitutional convention (2) the submission of the
constitution to the piesiuent of the 0S (S) submission of the
constitution to the people foi iatification.
! The 19SS constitution was iatifieu, Commonwealth
goveinment was inauguiateu.

B/ -9: PQRS +30;17151730 T +3??30@:=>19 O3N:20?:01
! Foim
o Executive powei was vesteu in a Piesiuent, legislative
powei in a unicameial National Assembly.
o Sepaiation of S Poweis. But, as in the Philippine
Autonomy Act, the thiee uepaitments weie not even
neaily equal. F01%.; @13/*,3.0. The 19SS Constitution
maue the office of the Philippine piesiuent moie poweiful
than that of the Ameiican chief executive.
o While some of the featuies of the 19SS constitution such
as the Bill of Rights anu piovisions goveining inteinal
business of the National Assembly weie auopteu fiom the
constitution of the 0niteu States, it is an eiioi to concluue
that the Ameiican constitutional system was theieby
tiansplanteu into the Philippines. The goveinmental
stiuctuie pioviueu in the Philippine Autonomy Act,
iathei than the set-up in the 0S, was the mouel of the
19SS constitution.

! Basis anu Natuie of uoveinment
o 4?3 @?*!*''*.3/ */ " !"#$%&'()* /0"03G F%2313*;.0= 13/*,3/
*. 0?3 '3%'!3 "., "!! ;%231.-3.0 "(0?%1*0= 3-"."03/ &1%-
0?3-G (Aiticle II, Sec.1)
o Not completely soveieign. Conuitions weie imposeu by
the Tyuings-Ncuuffie Act with iespect to tiaue ielations
with 0S, financial opeiations anu cuiiency, anu contiol of
foieign ielations.
o Enacteu laws weie iepoiteu to the 0S Congiess, uecisions
of Philippine Supieme Couit subject to ieview.

! Salient Featuies of the Constitution
o Right of Suffiage -- Nale Citizens, 21 yeais of age oi ovei,
able to ieau anu wiite (latei on extenueu to women).
o Bill of Rights caiiieu ovei fiom pievious 0iganic Acts
o Piovisions on Social }ustice, Conseivation of Natuial
Resouices, Nationalization of public utilities, Neiitociacy
in the Civil Seivice.

-9: O3N:20?:01 3A 19: ":M5U>76
! In accoiuance with the Tyuings-Ncuuffie Act, the inuepenuence of
the Philippines was pioclaimeu. The Commonwealth uoveinment
became the uoveinment of the Republic of the Philippines.
! The same goveinment unuei the same constitution.but fully
soveieign politically (.). Poweis of goveinment weie uistiibuteu,
albeit unequally, among the Piesiuent, Congiess, anu the }uuiciaiy.
! Paiity Rights Amenument - The 0S Congiess passeu a law calleu the
Philippine Tiaue Act of 1946 which alloweu the entiy of Philippine
aiticles into the 0S fiee of oiuinaiy customs uuties. In ietuin, the
Philippine goveinment amenueu the constitution anu gianteu paiity
iights (iight to the uisposition, exploitation, uevelopment anu
utilization of the countiy's iesouices) to 0S citizens.
! Revision of the Constitution - Nounting uifficulties anu wiuespieau
uissatisfaction with the woikings of the system in uealing with the
pioblems of the nation in the late 196us ieinfoiceu uemanus foi a
ieexamination of the constitution. A constitutional convention was
conveneu that, latei on, gave biith to the constitution of 197S.


B/ -9: PQVR +30;17151730
! The new constitution establishes a pailiamentaiy foim of
goveinment by uiastically changing the uistiibution of poweis. The
Legislative powei was vesteu in a National Assembly, executive
powei was vesteu in the Piime Ninistei with the assistance of the
cabinet.
! 0nlike the Piesiuential system, the pailiamentaiy system uiu not
look to the legislatuie to play the iole of opposition. The iole was
given ovei to the minoiity paity.
! While the sepaiation of executive anu legislative uepaitments was
obliteiateu, the line uiawn between the juuiciaiy anu the political
oigans is maintaineu. The couits iemain inuepenuent of the political
bianches of goveinment.

Aquino v. Enrile, 1973
In the habeas corpus case of Aquino, Jr., v. Enrile (59 SCRA
183), during the pendency of the case, 26 petitioners were
released from custody and one withdrew his petition. The sole
remaining petitioner was facing charges of murder, subversion,
and illegal possession of firearms. The fact that the petition was
moot and academic did not prevent the Court in the exercise
of its symbolic function from promulgating one of the most
voluminous decisions ever printed in the Reports.

Philippine Bar Association v. COMELEC, 1985
The constitutionality of BP 883, calling for special elections (snap
election with Marcos vs. Aquino as candidates), was contested
since there is no actual vacancy in the office of the president
Petitioners failed to demonstrate that BP 883 clearly
contravenes any applicable constitutional provision. Besides,
the issue posed by these petitions is essentially political in
character the Supreme Court has no authority to determine
whether or not the act of the Legislature of Chief Executive is



4
against the Constitution
The main doctrine here is that the Supreme Court recognizes
the separation of powers. There is what we call a political
question wherein only the involved department may resolve to
the exclusion of the other two. One division is not more
powerful than the other and the decision of each is accorded
great respect.


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(/ !236>=?=1730 '3/ P< XS F:U25=2L PQWY Z!23N7;730=> [3N:20?:01\/
TT But Pioclamation No. S which announceu the Piovisional
Constitution, seemeu to suggest that it was a ievolutionaiy
goveinment, since in one of its wheieases it announceu that the "new
goveinment was installeu, thiough a uiiect exeicise of the powei of the
Filipino people assisteu by units of the New Aimeu Foices," iefeiiing
to the EBSA ievolution.


B/ !236>=?=1730 '3/ R< &=269 XS< PQWY Z!23N7;730=> +30;17151730\/TT
The Piovisional Constitution oi Fieeuom Constitution was auopteu on
2S Naich 1986 thiough Pioclamation No. S. It abiogateu the
legislative piovisions of the 197S Constitution, mouifieu the piovisions
iegaiuing the executive uepaitment, anu totally ieoiganizeu the
goveinment. (Its use of the 197S Constitution, howevei, is not be to
constiueu that it was a continuation theieof.) Then it pioviueu foi the
calling of a Constitutional Commission, composeu of Su to Su membeis
appointeu by the Piesiuent within 6u uays.

+/ (43M1730 =04 #AA:617N71L

P/ !23N7;730=> +30;17151730

Ait. v. AB0PTI0N 0F A NEW C0NSTIT0TI0N

"Section 1. Within sixty uays fiom the uate of this Pioclamation, a
Commission shall be appointeu by the Piesiuent to uiaft a New
Constitution. The Commission shall be composeu of not less than
thiity noi moie than fifty natuial boin citizens of the Philippines,
of iecognizeu piobity, known foi theii inuepenuence, nationalism
anu patiiotism. They shall be chosen by the Piesiuent aftei
consultation with vaiious sectois of society.

Section S. The New Constitution shall be piesenteu by the
Commission to the Piesiuent who shall fix the uate foi the holuing
of a plebiscite. It shall become valiu anu effective upon iatification
by a majoiity of the votes cast in such plebiscite which shall be
helu within a peiiou of 6u uays following its submission to the
Piesiuent."

X/ PQWV +30;17151730

"Ait. XvIII, sec. 27. This Constitution shall take effect immeuiately
upon its iatification by a majoiity of the votes cast in a plebiscite
helu foi the puipose anu shall supeiseue the all pievious
Constitutions.

The foiegoing pioposeu Constitution of the Republic of the
Philippines was appioveu by the Constitutional Commission of
1986 on the twelfth uay of 0ctobei 1986, anu accoiuingly signeu
on the fifteenth uay of 0ctobei 1986 at the Plenaiy Ball, National
uoveinment Centei, Quezon City, by the Commissioneis whose
signatuies aie heieunuei affixeu."

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Lawyers League vs. Aquino
The legitimacy of the Aquino government was being contested
The Court ruled that the legitimacy of this government is a non-
justiciable matter. It is only the people of the Philippines who
may be the judge of its legitimacy. Since such government is
accepted by the people, it is not merely a de facto government
but also a de jure government. Moreover, the community of
nations has recognized its legitimacy
With all this in mind, the petitioners have no personality to sue and
no cause of action
The Court again reiterates the doctrine of separation of powers,
deciding that such case is not for the courts to decide on.

In re: Saturnino Bermudez
The petitioner is asking for a declaratory relief and to explain the
ambiguity in the proposed 1986 Constitution as to who was
being referred to as President and Vice-President in Art XVIII Sec 7.
The petition states no cause of action. Bermudez's allegation of
ambiguity or vagueness of the provision is manifestly gratuitous, it
being a matter of public record and common public knowledge
that the Constitutional Commission refers therein to incumbent
President Corazon C. Aquino and Vice-President Salvador H.
Laurel, and to no other persons, and provides for the extension of
their term to noon of 30 June 1992 for purposes of synchronization
of elections. Mutatis mutandis, there can be no question that
President Corazon C. Aquino and Vice-President Salvador H.
Laurel are the incumbent and legitimate President and Vice
President of the Republic of the Philippines. Further, the legitimacy
of the Aquino government is not a justiciable matter. It belongs to
the realm of politics where only the people of the Philippines are
the judge. And the people have made the judgment; they have
accepted the government of President Corazon C. Aquino which
is in effective control of the entire country so that it is not merely a
de facto government but in fact and law a de jure government.
Moreover, the community of nations has recognized the
legitimacy of the present government. All the eleven members of
this Court, as reorganized, have sworn to uphold the fundamental
law of the Republic under her government.

De Leon v. Esguerra, 1987
Petitioners de Leon et al were elected as officials of Barangay
Dolores, Taytay Rizal on May 17, 1982 and their terms were to
expire after 6 years under BP222 or the Barangay Election Act of
1982. Respondents Esguerra, the OIC Governor, designated
Florentino Magno as Barangay Captain on Feb 8, 1987.
The Provisional Constitution states that All elective and
appointive officials SECTION 2. All elective and appointive officials
and employees under the 1973 Constitution shall continue in
office until otherwise provided by proclamation or executive order
or upon the designation or appointment and qualification of their
successors, if such appointment is made within a period of one
year from February 25,1986.
By reason of the foregoing provision, the terms of office of elective
and appointive officials were abolished and that petitioners
continued in office by virtue of the aforequoted provision and not
because their term of six years had not yet expired; and that the
provision in the Barangay Election Act fixing the term of office of
Barangay officials to six (6) years must be deemed to have been
repealed for being inconsistent with the aforequoted provision of
the Provisional Constitution.
The 1987 Constitution took effect immediately upon its ratification
in a plebiscite. Thus, when the plebiscite ratification was
conducted in 1987, the Provisional Constitution must be deemed
to have been superseded. Bp 222 wasnt repealed by the 1987
Constitution thus the tenure of the Petitioners continues.

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Marbury v. Madison

Boumediene v. Bush

David v. Macapagal-Arroyo

Angara v. Electoral Commission
In 1935, the National Assembly adopted a resolution that "all
members- elect, with no election protest filed on or before 3
December 1935 are deemed elected." The Electoral Commission,
a constitutional body, on the other hand set the 9 December 1935
as the deadline for the filing of election protest. Ynsua, who lost to
Angara, filed a motion of protest (complaint) on 8 December
1935. This was entertained by the Electoral Commission. Angara
contended that the deadline set by the National Assembly was
controlling. The SC, through J. Laurel, ruled for Ynsua, thereby
upholding the authority of the Electoral Commission, in view of the
constitutional provision granting the Electoral Commission juris-
diction over election protests.
The Constitution is a definition of the powers of government. Who
is to determine the nature, scope and extent of such powers? The
Constitution itself has provided for the instrumentality of the
judiciary as the rational way. And when the judiciary mediates to



5
allocate constitutional boundaries, it does not assert any
superiority over the other departments; it does not in reality nullify
or invalidate an act of the Legislature, but only asserts the solemn
and sacred obligation assigned to it by the Constitution to
determine conflicting claims of authority under the Constitution
and to establish for the parties in an actual controversy the rights
which that instrument secures and guarantees to them. This is in
truth all that is involved in what is termed "judicial supremacy"
which properly is the power of judicial review under the
Constitution.


B/ -9:32L 3A ]54767=> ":N7:@

(21/ H%%%< .:6/ P.
"The juuicial powei shall be vesteu in one supieme couit anu in such
lowei couits as may be establisheu by law.

}uuicial powei incluues the uuty of couits of justice to settle actual
contioveisies involving iights which aie legally uemanuable anu
enfoiceable, anu to ueteimine whethei oi not theie has been a giave
abuse of uiscietion amounting to lack oi excess of juiisuiction on the
pait of any bianch oi instiumentality of the goveinment."

(0[=2= N #>:6132=> +3??7;;730


Ashwander vs. Tennessee Valley Authority
Seven (7) rules of avoidance of constitutional questions (J. Brandeis).
In the following cases, the court must refrain from passing on the issue
of constitutionality or from exercising judicial review.

1. "The Court will not pass upon the constitutionality of legislation in a
friendly, non-adversary proceeding, declining because to decide
such questions 'is legitimate only in the last resort, and as a
necessity in the determination of real, earnest and vital
controversy between individuals. It never was the thought that, by
means of a friendly suit, a party beaten in the legislature could
transfer to the courts an inquiry as to the constitutionality of the
legislative act.'
2. "The Court will not 'anticipate question of constitutional law in
advance of the necessity of deciding it.' 'It is not the habit of the
Court to decide questions of a constitutional nature unless
absolutely necessary to a decision of the case.'
3. "The Court will not 'formulate a rule of constitutional law broader
than is required by the precise facts to which it is to be applied."
4. "The Court will not pass upon a constitutional question although
properly presented by the record, if there is also present some
other ground upon which the case may be disposed of. This rule
has found most varied application. Thus, if a case can be
decided on either of two grounds, one involving a constitutional
question, the other a question of statutory construction or general
law, the Court will decide only the latter. Appeals from the highest
court of a state challenging its decision of a question under the
Federal Constitution are frequently dismissed because the
judgment can be sustained on an independent state ground.
5. "The Court will not pass upon the validity of a statute upon
complaint of one who fails to show that he is injured by its
operation. . Among the many applications of this rule, none is
more striking than the denial of the right of challenge to one who
lacks a personal or property right. Thus, the challenge by a public
official interested only in the performance of his official duty will
not be entertained . . . "The Court will not pass upon the
constitutionality of a statute at the instance of one who has
availed himself of its benefits.
6. The Court will not pass upon the constitutionality of a statute at
the instance of one who has availed himself of its benefits.
7. "When the validity of an act of the Congress is drawn in question,
and even if a serious doubt of constitutionality is raised, it is a
cardinal principle that this Court will first ascertain whether a
construction of the statute is fairly possible by which the question
may be avoided.'


B. Piuuential Consiueiations

+/ ":_57;71:; A32 19: #`:267;: 3A ]54767=> ":N7:@

P/ (+-G($ +(.#. ," +,'-",H#".)

X/ $,+G. .-('C%
Tolentino v. Secretary of Finance
The petitioners, as taxpayers and legislators, brought a suit
questioning the constitutionality of the EVAT law on account
of its passage. They contend that the passage of the law
was not in accordance with the constitutional requirement in
the origination of appropriation, revenue or tariff bills, bills
authorizing increase of the public debts, bills of local
application, and private bills.
Legislators standing that the Senators

Daza v. Singson


R/ "(%.#C (- -E# #("$%#.- ,!!,"-G'%-)

a/ $%. &,-( ,F -E# +(.#

B. Buiules to }usticiability

1. P0LITICAL Q0ESTI0NS
Baker v. Carr
The case is about the reapportionment of districts as an
effect of the creation of new legislative districts under a new
law.
The ponente pointed out 6 cases of political questions:
1. "Textually demonstrable constitutional commitment of
the issue to a coordinate political department;"
2. "A lack of judicially discoverable and manageable
standards for resolving it;"
3. "The impossibility of deciding without an initial policy
determination of a kind clearly for nonjudicial
discretion;"
4. "The impossibility of a court's undertaking independent
resolution without expressing lack of the respect due
coordinate branches of government;"
5. "An unusual need for unquestioning adherence to a
political decision already made;"
6. "The potentiality of embarrassment from multifarious
pronouncements by various departments on one
question."

Casibang v. Aquino

Taada v. Cuenco

Sanidad v. COMELEC

Abueva v. Wood

IBP v. Zamora

Estrada v. Desierto

Marcos v. Manglapus

Daza v. Singson


2. N00TNESS
Gonzales v. Narvasa

Sanlakas v. Executive Secretary

Lacson v. Executive Secretary

Francisco v. HREP, supra



!:3M>: N H:2=

}. Lauiel laiu uown the uoctiine that juuicial ieview can only be exeiciseu
in an actual case oi contioveisy. This means:

1) a paity with a peisonal anu substantial inteiest
2) an appiopiiate case
S) a constitutional question iaiseu at the eailiest possible time
4) a constitutional question that is the veiy lis mota of the case, i.e. an
unavoiuable question.

P/ (615=> +=;: 32 +30123N:2;L



6

This is uefineu as a conflict of legal iights oi an asseition of opposite legal
claims susceptible of juuicial ueteimination (Nachuia)

Thus, a iequest foi an auvisoiy opinion is not an actual case oi
contioveisy. But, an action foi ueclaiatoiy ielief is piopei foi juuicial
ueteimination Z!:2:I N;/ !23N7067=> B3=24\.

=/ "7M:0:;;

A constitutional question may come to the couit eithei too eaily oi
piematuiely, so that it is still abstiact (auvisoiy opinion), oi too late, so
that the couit's uecision woulu no longei affect the paities (mootness).
The couit must iesolve constitutional issues only when they come to it at
the iight time (iipeness).

O30I=>:; N;/ +,&#$#+
Petitioneis challenge the constitutionality of a statute |RA 488u oi the
Reviseu Election Couej which calls to a halt the unuesiiable piactice of
piolongeu political campaigns. Noie piecisely, the basic libeities of fiee
speech anu fiee piess, fieeuom of assembly anu fieeuom of association
aie invokeu to nullify the act.
The petition was uismisseu. "Although the instant petition uiu not seek to
iestiain iesponuent Commission on Elections fiom peifoiming any
specific act, it coulu still iightfully be tieateu as a petition foi piohibition.
The exceptional chaiactei of the situation that confionts this Couit, the
paiamount public inteiest, anu the unueniable necessity foi a iuling, the
national elections being baiely six months away, ieinfoice this stanu. It
woulu appeai unueniable, theiefoie, that befoie this Couit is an
appiopiiate invocation of this Couit's juiisuiction to pievent the
enfoicement of an allegeu unconstitutional statute. The Couit is left with
no choice. Then, it must act on the mattei.

"The language of }ustice Lauiel fits the case: 'All await the uecision of this
Couit on the constitutional question. Consiueiing, theiefoie, the
impoitance which the instant case has assumeu anu to pievent
multiplicity of suits, stiong ieasons of public policy uemanu that |itsj
constitutionality . . . be now iesolveu.' |quoteu fiom People v veiaj It may
likewise be auueu that the exceptional chaiactei of the situation that
confionts us, the paiamount public inteiest, anu the unueniable necessity
foi a iuling, the national elections being baiely six months away,
ieinfoice oui stanu."

U/ &3310:;;

A case becomes moot when theie aie facts, injuiies anu heateu aiguments
but foi some ieason the legal pioblem has become stale. When a case is
moot anu acauemic, it ceases to be a case anu contioveisy. Any uecision
ieacheu by the couit woulu not be conclusive on the paities.

Exceptions to mootness:
1) If the question is capable of iepetition anu evasive of ieview.
2) If theie exits a meie possibility of collateial legal consequences if
the couit uoes not act.
S) voluntaiy cessation fiom the wiongful act by the uefenuant, if he is
fiee to ietuin to his olu ways.

X/ .1=0470[

A piopei paity is one who has sustaineu, oi is in imminent uangei of
sustaining, an injuiy as a iesult of the act complaineu of.

Stanuing is establisheu by two nexuses: the paity's status anu the type of
legislative act being questioneu, oi his status anu the piecise natuie of
the constitutional infiingement.

The test of stanuing is whethei the paity has allegeu such a peisonal
stake in the outcome of the contioveisy as to assuie such conciete
auveiseness which shaipens the piesentation of issues upon which the
couit so laigely uepenus foi illumination of uifficult constitutional
questions (B=b:2 N +=22)

A peison has stanuing to challenge the goveinmental act only if he has a
peisonal anu substantial inteiest in the case such that he has sustaineu,
oi will sustain, uiiect injuiy as a iesult of its enfoicement. (!:3M>: N
H:2=)

As senatoi, one has the iequisite stanuing to biing a suit assailing the
issuance oi implementation of a law as an usuipation of legislative
powei. As a taxpayei, one coulu impugn the legality of the misalignment
of public funus (,M>: N;/ -322:;)

Wheie a constitutional question is iaiseu, a senatoi has been consiueieu
as possesseu of the iequisite peisonality to biing a suit, e.g., in &=U=0=[
N;/ $3M:I H713 anu -3>:01703 N/ +3??7;;730 30 #>:61730;.j

A paity's stanuing in couit is a pioceuuial technicality which may be set
asiue by the Couit in view of the impoitance of the issues involveu. Thus,
wheie the issues iaiseu by petitioneis aie of paiamount public inteiest
ZK7>3;U=L=0< %06/ N;/ &32=13\ oi of tianscenuental impoitance Z-=1=4
N;/ .:62:1=2L 3A C:M=21?:01 3A #0:2[L\, the Couit may, in exeicise of
its uiscietion, biush asiue the pioceuuial baiiiei.

It is well settleu that the valiuity of a statute may be contesteu only by
one who will sustain a uiiect injuiy, in consequence of its enfoicement.
Yet, theie aie many uecisions nullifying, at the instance of taxpayeis, laws
pioviuing foi the uisbuisement of public funus, upon the theoiy that the
'expenuituie of public funus, by an officei of the State foi the puipose of
auministeiing an unconstitutional act constitutes a misapplication of such
funus,' which may be enjoineu at the iequest of a taxpayei." (!=;65=> N
-9: .:62:1=2L 3A !5U>76 ^32b;)

R/ D5:;1730 "=7;:4 =1 19: #=2>7:;1 ,MM3215071L

As a geneial iule, the question must be iaiseu in the pleauings.

Thus, in G?=>7 N;/ O570[30=. The question of the constitutionality of the
PCAuC was no enteitaineu because the issue was iaiseu by the petitionei
only in his Notion foi Reconsiueiation befoie the RTC of Nakati. It was
too late to iaise the issue foi the fiist time in that stage of the
pioceeuings.

a/ $7; &31=

Because of the uoctiine of sepaiation of poweis which uemanus that
piopei iespect be accoiueu the othei bianches of goveinment, couits aie
loathe to ueciue on constitutional questions as long as theie is some othei
basis that can be useu to iesolve the case.

In (26:1= N;/ ]54[: &=0[23U=0[, the constitutionality of BP 22
(Bouncing Checks Law) was challengeu. The SC uiu not finu the
constitutional question to be the veiy !*/ -%0" piesenteu in the
contioveisy. Eveiy law has in its favoi the piesumption of
constitutionality anu, to justify its nullification, theie must be a cleai anu
unequivocal bieach of the Constitution, anu not one that is uoubtful,
speculative oi aigumentative.

+/ F5061730; 3A ]54767=> ":N7:@

P/ +9:6b70[ - invaliuating a law oi an executive act that is founu to be
contiaiy to the Constitution.

X/ $:[717?=170[ Z>:[717?7I70[\ - upholuing the valiuity of the law which
iesults fiom a meie uismissal of a case challenging the valiuity of that
law.

When the Couit exeicises this function, it uses the uouble negative by
ueclaiing that the law is "not unconstitutional". This is no meie
semantics. The Couit cannot ueclaie the law constitutional foi it enjoys
the piesumption of constitutionality, so that a ueclaiation to that effect by
the couit woulu not make it moie constitutional. 0n the othei hanu,
anyone who challenges the valiuity of a law has the buiuen of pioof to
show its invaliuity. Beclaiing that the law is not unconstitutional is
tantamount to saying that the challengei has not met the buiuen
iequiieu.

*Legitimating anu Checking Aspects of }uuicial Review. Bismissal of
Challenge to a Law's valiuity Legitimizes it.

In ,66:0= N +,&#$#+ (which sought an injunction to piohibit the
C0NELEC fiom pioceeuing with the plebiscite foi the pioposeu 1981
amenuments) anu in &712= N +,&#$#+, (which sought a manuamus to



7
compel the C0NELEC to holu a plebiscite to iatify the 197S Constitution)
both piayeis weie baseu on the piemise that the 197S Constitution hau
not been iatifieu, the SC helu that the failuie of the Couit in }avellana v
Executive Secietaiy to mustei the votes iequiieu to ueclaie the 197S
Constitution as being invaliuly iatifieu, which iesulteu in the uismissal of
the suit questioning the valiuity of the iatification of the Constitution, in
effect legitimateu the iatification. In ,66:0=, the Couit iuleu that:

"The Supieme Couit can check as well as legitimate. In
the lattei case, theie is an affiimation that what was uone
cannot be stigmatizeu as constitutionally ueficient. The meie
uismissal of a suit of this chaiactei suffices. That is the
meaning of the concluuing statement in the }avellana
iesolution. Since then, the Couit has invaiiably applieu the
piesent Constitution."

R/ .L?U3>76 - to euucate the bench anu bai as to the contiolling
piinciples anu concepts on matteis of gieat public impoitance.

.=>30[= N +25IT!=03

The case against petitionei foi subveision which was fileu by the fiscal on
the basis of flimsy testimony given by victoi Lovely was alieauy
uismisseu without piejuuice by the fiscal (upon anticipation of auveise
iuling). Anu yet, the SC noting that as the fiscal saiu the uismissal of the
chaiges was without piejuuice to the filing of new ones foi the same acts
because the petitionei has not been aiiaigneu anu uouble jeopaiuy uoes
not apply, the case is not entiiely moot, ueciueu to peifoim its uuty to
"foimulate guiuing anu contiolling constitutional piinciples, piecepts anu
uoctiines oi iules" foi the guiuance of the bai anu bench.

]=N7:2 N +,&#$#+

The case was alieauy mooteu not only by the ueath of Evelio }aviei, but
also by the abolition of Batasan, the Antique seat which he anu Paci-
ficauoi weie contesting foi. Anu yet the SC, claiming to be "not only the
highest aibitei of legal questions but also the conscience of the
goveinment," ueciueu the case anyway "foi the guiuance of anu as a
iestiaint upon the futuie. The citizen comes to us in quest of law but we
must also give him justice. The 2 aie not always the same. Theie aie
times when we cannot giant the lattei because the issue has been settleu
anu the uecision is no longei possible accoiuing to the law. But theie aie
also times when although the uispute has uisappeaieu, as in this case, it
neveitheless ciies out to be iesolveu. }ustice uemanus that we act then,
not only foi the vinuication of the outiageu iight, though gone, but also
foi the guiuance of anu as a iestiaint upon the futuie."

C:?:1:27= N (>U=

The SC stiuck uown Sec. 44 of PB 1177, authoiizing the Piesiuent to
tiansfei funus fiom one uepaitment to anothei, on the giounu that it
oveiextenueu the piivilege gianteu unuei Ait. vIII, sec. 16(S) of the 197S
Constitution, even if such piovision was alieauy abiogateu by the
Fieeuom Constitution. Then, citing the }aviei case on the neeu "not only
foi the vinuication of an outiageu iight, though gone, but also foi the
guiuance of anu as a iestiaint upon the futuie," it lectuieu on how this
law woulu open the floougates foi the enactment of unfunueu
appiopiiations, uncontiolleu executive expenuituies, uiffusion of
accountability foi buugetaiy peifoimance, anu entienchment of the poik
baiiel system, anu on how this woulu cieate temptations foi
misappiopiiation anu embezzlement.

c (>> 63521; 6=0 :`:267;: d54767=> 2:N7:@

(21/ H%%%< .:6/ SZX\/ The Supieme Couit shall have the following poweis:
xxx
(2) Review, ievise, ieveise, mouify, oi affiim on appeal oi ceitioiaii as
the law oi the Rules of Couit may pioviue, final juugments anu oiueis of
lowei couits in :

a) All cases in which the constitutionality oi valiuity of any tieaty,
inteinational oi executive agieement, law, piesiuential ueciee,
pioclamation, oiuei, instiuction, oiuinance, oi iegulation is in
question.
b) All cases involving the legality of any tax, impost, assessment, oi toll,
oi any penalty imposeu in ielation theieto.
c) All cases in which the juiisuiction of any lowei couit is in issue.
u) All ciiminal cases in which the penalty imposeu is ieclusion
peipetua oi highei.
e) All cases in which only an eiioi oi question of law is involveu.

C/ !3>7176=> D5:;1730

An issue is a political question when it uoes not ueal with the
inteipietation of a law anu its application to a case, but with the veiy
wisuom of the law itself. When a juuge attempts to iesolve a political
question, he is not exeicising a juuicial function, but is iathei supplanting
his conscience to that of the political bianch of the goveinment.

B=b:2 N/ +=228 guiuelines foi ueteimining whethei a question is political
oi not.

- "Piominent on the suiface of any case helu to involve a political
question is founu a textually uemonstiable constitutional
commitment of the issue to a political uepaitment; oi a lack of
juuicially uiscoveiable anu manageable stanuaius foi iesolving it; oi
the impossibility of ueciuing without an initial policy ueteimination
of a kinu cleaily foi non-juuicial uiscietion; oi the impossibility of a
couit's unueitaking inuepenuent iesolution without expiessing lack
of the iespect uue cooiuinate bianches of goveinment; oi an
unusual neeu foi unquestioning auheience to a political uecision
alieauy maue, oi the potentiality of embaiiassment fiom
multifaiious pionouncements by vaiious uepaitments on one
question."

-=e=4= N;/ +5:063

The SC helu that the teim "political question" connotes, a question of
policy. It iefeis to those questions which, unuei the Constitution, aie to
be ueciueu by the people in theii soveieign capacity, oi in iegaiu to
which full uiscietionaiy authoiity has been uelegateu to the Legislatuie
oi executive bianch of the uoveinment (16 C. }. S., 41S). It is conceineu
with issues uepenuent upon the wisuom, not legality, of a paiticulai
measuie.

The Senate is not clotheu with "full uiscietionaiy authoiity" in the choice
of membeis of the Senate Electoial Tiibunal. The exeicise of its powei
theieon is subject to constitutional limitations. It is cleaily within the
legitimate piovince of the juuicial uepaitment to pass upon the valiuity of
the pioceeuings in connection theiewith. Bence, this Couit has, not only
juiisuiction, but, also the uuty, to consiuei anu ueteimine the piincipal
issue iaiseu by the paities heiein.


"3?5>3 N )07[5:I

What seems like a legal question when vieweu in isolation (namely,
whethei the iules of the Batasan enabling it to shelf a complaint foi
impeachment against the Piesiuent is constitutional.) is ieally a political
question when vieweu in a bioauei context (i.e., that the case was fileu
against the Speakei of a co-equal bianch to compel him by manuamus to
iecall the complaint fiom the aichive, anu that the ultimate iesult of the
case was to question the uecision of the Batasan to shelve the case, a
mattei, that is solely committeu to that uepaitment.)

Yet, uespite the ieally political natuie of the question, the SC passeu on
the valiuity of the iules to eiase uoubts that may still be enteitaineu.

(4N7;32L ,M70730

A case becomes an auvisoiy opinion when theie is no actual case anu
contioveisy that uemanus constitutional constiuction foi its iesolution.
This may take the foim of ueclaiatoiy ielief. It is not wise foi the couit to
engage in an auvisoiy opinion because:

a) This only leaus to uialectics, to abstiact legal aiguments anu steiile
conclusions (Lauiel quoting Fiankfuitei)
b) The juuicial function is impoveiisheu since it thiives on facts that uiaw
out the meaning of the law.

#/ #AA:61 3A = C:6>=2=1730 3A G0630;17151730=>71L




8
+7N7> +34:< (21/ V/
Xxx
When the couits ueclaie a law to be inconsistent with the
constitution, the foimei shall be voiu anu the lattei shall govein.
xxx

The effect of a ueclaiation that a law is unconstitutional is to make the
law eithei voiu oi voiuable.

=/ H374

It is voiu if on its face, it uoes not enjoy any piesumption of valiuity. As
such, it piouuces no effect whatsoevei, cieates no iight oi office, it
imposes no uuty. Whatevei penalty was paiu uuiing the peiiou of its
opeiation must be iemitteu.

An example is BP S2 in %[31 N +,&#$#+, pioviuing that anyone who has
been chaigeu of iebellion, etc. is piima facie piesumeu to be uisqualifieu
fiom iunning foi a local post. 0n its face, it blatantly goes against the
constitutional piesumption of innocence.

U/ H374=U>:

A law ueclaieu unconstitutional is only voiuable if, on its face, it enjoys
the piesumption of valiuity. In this case, it becomes inopeiative only
upon the juuicial ueclaiation of its invaliuity. Anu even so, the
invaliuation piouuces no ietioactive effect, since it woulu be unjust to
holu that the law uiu not piouuce any effect at all piioi to its nullification.
Fiom the time the law was piomulgateu to the time it was ueclaieu
invaliu, people woulu have enteieu into vaiious tiansactions anu
ielations, expecting anu in fact compelleu to piesume that the law is valiu.
Thus, to now holu that the law nevei piouuceu any effect woulu penalize
those who in faith believeu the laws passeu by theii iepiesentatives to be
in accoiuance with theii solemn uuty unuei the Constitution.

.:22=03 4: ([U=L=07 N !'B

In 19S9, Agbayani secuieu a loan fiom PNB. In 1944, the loan matuieu
but PNB coulu not collect because of the wai. In 194S, Pies. 0smena
issueu the Bebt Noiatoiium Law (E0 #S2), suspenuing the payment of
loans foi foui yeais uue to the iavages of wai. In 1948, RA S42 extenueu
the Bebt Noiatoiium Law foi anothei eight yeais (up to 19S6). In 19SS,
howevei, the SC ueclaieu RA S42 as unconstitutional in the case of "511:2
N #;1:U=0. In 19S9, PNB fileu a suit foi payment of the loan. The issue
was whethei oi not the action has piesciibeu.

Taking the oithouox view, the action has piesciibeu, since the ueclaiation
of RA S42 as unconstitutional ietioacteu to 194S when E0 S2 was fiist
issueu. Between 1944 when the loan matuieu anu 19S9, when PNB
collecteu the loan, 1S yeais hau elapseu.

Taking the unoithouox view, as the SC uiu, the action coulu still piospei.
The peiiou fiom 194S when the law was piomulgateu, to 19SS when it
was ueclaieu unconstitutional shoulu not be counteu foi the puipose of
piesciiption since the Bebt Noiatoiium Law was opeiative uuiing this
time. In effect, only 7 yeais hau elapseu (1944-4S, 19SS-S9).

It woulu be unjust to punish the cieuitoi who coulu not collect piioi to
19SS because the Bebt Noiatoiium Law was effective, only to be tolu
latei that his iespect foi an appaiently valiu law maue him lose his iight
to collect.

Ait. 7 of the Civil Coue which pioviues that, "When the couits ueclaie a
law to be inconsistent with the Constitution, the foimei shall be voiu anu
the lattei shall govein." seems to be the oithouox view.

-E# .-(-#

%/ .-(-# C#F%'#C/

Piof. Boilongay, quoting uainei, Intiouuction to Political Law, 41: A State
is a community of peisons, moie oi less numeious, peimanently
occupying a fixeu teiiitoiy anu possesseu of an inuepenuent goveinment
oiganizeu foi political enus to which the gieat bouy of inhabitants ienuei
habitual obeuience.

ELENENTS:
a. People --- inhabitants of the State
b. Teiiitoiy --- fixeu poition of the suiface of the eaith inhabiteu by
the people of the State
c. uoveinment --- agency instiumentality thiough which the will of
the State is foimulateu, expiesseu, anu iealizeu
u. Soveieignty --- supieme anu uncontiollable powei inheient in a
State by which that State is goveineu

+%" N/ +=?M3; "5:4= (1971): A State is a politically oiganizeu
soveieign community, inuepenuent of outsiue contiol, bounu by ties of
nationhoou, legally supieme within its teiiitoiy, anu acting thiough
goveinment functioning unuei a iegime of law.

%%/ +,&!,'#'-. ,F -E# !E%$ .-(-#

(/ -#""%-,")

("-%+$# %< PQWV +30;17151730
"The national teiiitoiy compiises the Philippine aichipelago, with all the
islanus anu wateis embiaceu theiein, anu all othei teiiitoiies ovei which
the Philippines has soveieignty oi juiisuiction, consisting of its
teiiestiial, fluvial, anu aeiial uomains, incluuing its teiiitoiial sea, the
seabeu, the subsoil, the insulai shelves, anu othei submaiine aieas. The
wateis aiounu, between, anu connecting the islanus of the aichipelago,
iegaiuless of theii bieauth anu uimensions, foim pait of the inteinal
wateis of the Philippines."

Philippine teiiitoiy consists of:
the Philippine aichipelago; anu
all teiiitoiies ovei which the Philippines has soveieignty oi
juiisuiction

-9: (2697M:>=[76 C361270:8 Bouies of watei within the baseline,
iegaiuless of bieauth, foim pait of the aichipelago anu aie consiueieu as
inteinal wateis.

B/ !#,!$# f R ?:=070[;

1. %09=U71=01;, as useu in:

("-%+$# %%< .:61730 PS< PQWV +30;17151730
"The State shall piotect anu piomote the iight to health of the people anu
instill health consciousness among them."

("-%+$# %%< .:61730 PY< PQWV +30;17151730
"The State shall piotect anu auvance the iight of the people to a balanceu
anu healthful ecology in accoiu with the ihythm anu haimony of natuie."

("-%+$# %%%< .:61730 X< PQWV +30;17151730
"The iight of the people to be secuie in theii peisons, houses, papeis, anu
effects against unieasonable seaiches anu seizuies of whatevei natuie
anu foi any puipose shall be inviolable x x x"

("-%+$# g%%%< .:61730 P< PQWV +30;17
"The Congiess shall give highest piioiity to the enactment of measuies
that piotect anu enhance the iight of all the people to human uignity,
ieuuce social, economic, anu political inequalities, anu iemove cultuial
inequities by equitably uiffusing wealth anu political powei foi the
common goou."

D5= +9:: O=0 N C:M321=1730 B3=24 (196S): The iight of an inuiviuual
to be secuie in his peison is guaianteeu by the Constitution. 0nuei oui
Constitution, the same is ueclaieu a populai iight of the people anu
inuisputably applies to both citizens anu foieigneis in this countiy.

2. #>:6132;, as useu in:

("-%+$# H%%< .:61730 a< PQWV +30;17151730
"The Piesiuent anu the vice-Piesiuent shall be electeu by uiiect vote of
the people x x x"

("-%+$# gH%< .:61730 X< PQWV +30;17151730
"The Congiess may, by law, auopt a new name foi the countiy, a national
anthem, oi a national seal, which shall all be tiuly ieflective anu symbolic
of the iueals, histoiy, anu tiauitions of the people. Such law shall take



9
effect only upon its iatification by the people in a national iefeienuum."

("-%+$# gH%%%< .:61730 XS< PQWV +30;17
hAftei the expiiation in 1991 of the Agieement between the RP anu 0SA
conceining Nilitaiy Bases, foieign militaiy bases, tioops, oi facilities shall
not be alloweu in the Philippines except unuei a tieaty uuly concuiieu in
by the Senate anu, when the Congiess so iequiies, iatifieu by a majoiity
of the votes cast by the people in a national iefeienuum helu foi that
puipose, anu iecognizeu as a tieaty by the othei contiacting State."

S. +717I:0;, as useu in:

!"#(&B$#< PQWV +30;17151730
"We, the soveieign Filipino people, imploiing the aiu of Almighty uou, in
oiuei to builu a just anu humane society anu establish a goveinment that
shall embouy oui iueals anu aspiiations, piomote the common goou,
conseive anu uevelop oui patiimony, anu secuie to ouiselves anu oui
posteiity the blessings of inuepenuence anu uemociacy unuei the iule of
law anu a iegime of tiuth, justice, fieeuom, love, equality, anu peace, uo
oiuain anu piomulgate this Constitution."

("-%+$# %%< .:61730 P< PQWV +30;17151730
"The Philippines is a uemociatic anu iepublican State. Soveieignty
iesiues in the people anu all goveinment authoiity emanates fiom them."

("-%+$# %%< .:61730 a< PQWV +30;17151730
"The piime uuty of the uoveinment is to seive anu piotect the people.
The uoveinment may call upon the people to uefenu the State anu, in the
fulfillment theieof, all citizens may be iequiieu, unuei conuitions
pioviueu by law, to ienuei peisonal militaiy, oi civil seivice."

("-%+$# %%%< .:61730 V< PQWV +30;17151730
"The iight of the people to infoimation on matteis of public concein shall
be iecognizeu. Access to official iecoius, anu to uocuments, anu papeis
peitaining to official acts, tiansactions, oi uecisions, as well as to
goveinment ieseaich uata useu as basis foi policy uevelopment, shall be
affoiueu the citizen, subject to such limitations as may be pioviueu by
law."

=/ ^93 =2: 6717I:0;8 ("-%+$# %H< .:61730 P< PQWV +30;17151730

citizens of the Philippines at the time of the auoption of this
Constitution;
those whose fatheis oi motheis aie citizens of the Philippines;
those boin befoie }anuaiy 17, 197S, of Filipino motheis, who elect
Philippine citizenship upon ieaching the age of majoiity; anu
those natuializeu in accoiuance with law.

The iight of election peimitteu unuei ARTICLE Iv, Section 1 (S), 1987
Constitution, is available only to those boin to Filipino motheis unuei the
19SS Constitution, who, hau that chaitei not been changeu, woulu have
been able to elect Philippine citizenship upon attaining majoiity age.
0bviously, election is not necessaiy in the case of a chilu boin to a Filipino
mothei unuei the piesent Constitution, as such chilu is consiueieu a
Filipino citizen at biith.

+3 N/ #>:6132=> -27U50=> 3A 19: E35;: 3A ":M2:;:01=17N:; (1991)

ARTICLE Iv, Section 1 (S), 1987 Constitution applies not only to those
who elect Philippine citizenship aftei Febiuaiy 2, 1987, but also to those
who, having been boin of Filipino motheis, electeu citizenship befoie that
uate. This is to coiiect the anomalous situation wheie one boin of a
Filipino fathei anu an alien mothei was automatically gianteu the status
of a natuial-boin citizen, while one boin of a Filipino mothei anu an alien
fathei woulu still have to elect Philippine citizenship.

U/ ^93 =2: 0=152=>TU320 6717I:0;8

("-%+$# %H< .:61730 X< PQWV +30;17151730
citizens of the Philippines fiom biith without having to peifoim any
act to acquiie oi peifect theii Philippine citizenship; anu
those who elect Philippine citizenship in accoiuance with ARTICLE
Iv, Section 1 (S)

The following aie natuial-boin citizens:
citizens of the Philippines at the time of the auoption of the 1987
Constitution
those boin of Filipino motheis fatheis (aftei 17 }anuaiy 197S)
those boin befoie 17 }anuaiy 197S, of Filipino motheis, who elect
Philippine citizenship upon ieaching the age of majoiity
those natuializeu in accoiuance with law

6/ ^93 ?5;1 U: 0=152=>TU320 6717I:0;8

Piesiuent: ARTICLE vII, Section 2
vice-Piesiuent: ARTICLE vII, Section S
Nembeis of Congiess : ARTICLE vI, Sections S anu 6
}ustices of SC anu lowei collegiate couits: ARTICLE vIII, Section 7
(1)
0mbuusman anu his ueputies: ARTICLE XI, Section 8
Nembeis of Constitutional Commissions
o CSC: ARTICLE IX B, Section 1 (1)
o C0NELEC: ARTICLE IX C, Section 1 (1)
o C0A: ARTICLE IX B, Section 1 (1)
Nembeis of the Cential Nonetaiy Authoiity: ARTICLE XII, Section
2u
Nembeis of the Commission on Buman Rights: ARTICLE XIII,
Section 17 (2)
As pei ARTICLE XII, Section 8, 1987 Constitution, a natuial-boin citizen of
the Philippines who has lost his Philippine citizenship may still be a
tiansfeiee of piivate lanus, subject to limitations pioviueu by law.

4/ O23504; A32 $3;; 3A +717I:0;97M8

1) Natuialization in a foieign countiy |CA 6S, Sec.1 (1)j
2) Expiess ienunciation oi expatiiation |CA 6S, Sec.1 (2)j
S) Taking an oath of allegiance to anothei countiy upon ieaching the
age of majoiity
4) Accepting a commission anu seiving in the aimeu foices of anothei
countiy, unless theie is an offensive uefensive pact with the
countiy, oi it maintains aimeu foices in RP with RP's consent
S) Benatuialization
6) Being founu by final juugment to be a ueseitei of the AFP
7) Naiiiage by a Filipino woman to an alien, if by the laws of hei
husbanu's countiy, he becomes a citizen theieof

Expatiiation is a constitutional iight (O3 O5>>7=0 N/ O3N:20?:01).
No one can be compelleu to iemain a Filipino if he uoes not want to.

EXCEPTI0N: A Filipino may not uivest himself of Philippine citizenship in
any mannei while the Republic of the Philippines is at wai with any
countiy. (Sec. 1 (S), Com. Act No. 6S)

:/ E3@ ?=L 6717I:0;97M U: 2:=6_572:4i

1. Natuialization (CA No. 6S anu CA No. 47S)
now an abbieviateu piocess, with no neeu to wait foi S yeais (1 yeai
foi ueclaiation of intent, anu 2 yeais foi the juugment to become
executoiy)
applicant must:
a.) be 21 yeais of age
b.) be a iesiuent foi 6 months
c.) have goou moial chaiactei
u.) have no uisqualification
":M5U>76 N;/ O5L8 Natuialization is nevei final anu may be ievokeu
if one commits acts of moial tuipituue.

2. Repatiiation
woman who by hei maiiiage lost hei citizenship
those ueclaieu by authoiities to be ueseiteis of the Aimeu Foices
B:0[;30 %%% N;/ E"#-8 Repatiiation iesults in the iecoveiy of the
oiiginal nationality. Theiefoie, if he is a natuial-boin citizen befoie
he lost his citizenship, he will be iestoieu to his foimei status as a
natuial-boin Filipino.

S. Legislative Act
both a moue of acquiiing anu ieacquiiing citizenship

:/ C5=> =>>:[7=06:

Bual allegiance (ARTICLE Iv, Section S, 1987 Constitution)
contemplates the case of aliens who aie natuializeu as Filipinos but



10
iemain loyal to theii countiy of oiigin, as well as the case of public
officeis who, while seiving the goveinment, seek citizenship in
anothei countiy.
0nuei Sec. 4u (u) of the Local uoveinment Coue, those with uual
citizenship aie uisqualifieu fiom iunning foi any elective local
position. (but see Neicauo v. Nanzano (1999), which accoiuing to
Banuat, maue Sec 4u (u) inexistent because once a canuiuate files
his canuiuacy, he is ueemeu to have ienounceu his foieign
citizenship)

F27N=>43 N/ +,&#$#+ (1989): Neie filing of ceitificate of canuiuacy is
not a sufficient act of iepatiiation. Repatiiation iequiies an expiess anu
equivocal act.

$=U3 N/ +,&#$#+ (1992): In the absence of any official action oi
appioval by piopei authoiities, a meie application foi iepatiiation uoes
not, anu cannot, amount to an automatic ieacquisition of the applicant's
Philippine citizenship.

(I0=2 N/ +,&#$#+ (199u): Loss of Philippine citizenship CANN0T BE
PRES0NEB. Consiueiing the fact that aumitteuly, 0smea was both a
Filipino anu an Ameiican, the meie fact that he has a ceitificate stating
that he is an Ameiican uoes not mean that he is not still a Filipino, since
theie has been N0 EXPRESS ienunciation of his Philippine citizenship.

+/ O,H#"'&#'-

"uoveinment" is that institution oi aggiegate of institutions by which an
inuepenuent society makes anu caiiies out those iules of action which
aie necessaiy to enable men to live in a social state oi which aie imposeu
upon the people foiming that society by those who possess the powei oi
authoiity of piesciibing them. (G. N/ C332 2 Phil SS2)

"uoveinment of the Republic of the Philippines" is uefineu as "the
coipoiate goveinmental entity thiough which the functions of
goveinment aie exeiciseu thioughout the Philippines, incluuing, save as
the contiaiy appeais fiom the context, the vaiious aims thiough which
political authoiity is maue effective in the Philippines, whethei peitaining
to the autonomous iegions, the piovincial, city, municipal, oi baiangay
subuivisions, oi othei foims of local goveinment." (Sec. 2 (1),
Auministiative Coue of 1987)

P/ F5061730;

a. Constituent functions - constitute the veiy bonus of society;
compulsoiy

b. Ninistiant functions - unueitaken to auvance the geneial inteiests of
society; optional (e.g. public woiks, public chaiity, anu iegulation of tiaue
anu inuustiy)

B0WEvER, the uistinction between constituent anu ministiant
functions is not ielevant in oui juiisuiction. !H-( N/ +%" |6S SCRA
416j ieiteiateu the iuling in (++F( N/ F:4:2=1730 3A $=U32 G0730;
|Su SCRA 649j that the uistinction has been bluiieu because of the
iepuuiation of the laissez-faiie policy in the Constitution.

X/ C361270: 3A M=2:0; M=127=:

Paiens patiiae is the task of the goveinment to act as guaiuian of the
iights of the people. This pieiogative of paiens patiiae is inheient in the
supieme powei of eveiy state, whethei that powei is lougeu in a ioyal
peison oi in the legislatuie. Ciuz)

R/ C: d52: =04 4: A=613 [3N:20?:01;

a. Be juie goveinment - has iightful title but no powei oi contiol, eithei
because this has been withuiawn fiom it, oi because it has not yet
actually enteieu into the exeicise theieof.

b. Be facto goveinment - a goveinment of fact, that is, it actually exeicises
powei oi contiol but without legal title.

C/ .,H#"#%O'-)

Soveieignty is the supieme anu uncontiollable powei inheient in a State
by which the State is goveineu

P/ K704;
a) Legal soveieignty - powei to issue final commanus
b) Political soveieignty - powei behinu the legal soveieign, oi the
sum total of the influences that opeiate upon it
c) Inteinal soveieignty - powei to contiol uomestic affaiis
u) Exteinal soveieignty (also known as inuepenuence) - powei to
uiiect ielations with othei states

X/ -9:32L 3A (513T$7?71=1730

It is the piopeity of the State-foice uue to which a State has exclusive
legal competence of self-limitation anu self-iestiiction.

R/ hC3?7075?j N h7?M:275?j

"Bominium" - capacity of the State to own piopeity. It coveis such iights
as title to lanu, exploitation anu use of it, anu uisposition oi sale of the
same. The ":[=>7=0 4361270: wheieby all lanus of the public uomain
belong to the State, anu anyone claiming title has the buiuen to show
owneiship, comes within this concept. In this capacity, the State
uescenus to the status of oiuinaiy peisons anu thus becomes liable as
such.

"Impeiium" iefeis to the State's authoiity to govein. It coveis such
activities as passing laws goveining a teiiitoiy, maintaining peace anu
oiuei ovei it, anu uefenuing it against foieign invasion. When the State
acts in this capacity, it geneially enjoys soveieign immunity.

a/ ]527;4761730

}uiisuiction is the manifestation of soveieignty. The juiisuiction of the
state is unueistoou as both its authoiity anu the spheie of the exeicise of
that authoiity. (Sinco)

KINBS:
1.) Teiiitoiial juiisuiction - authoiity of the State to have all
peisons anu things within its teiiitoiial limits to be completely
subject to its contiol anu piotection

2.) Peisonal juiisuiction - authoiity of the State ovei its nationals,
theii peisons, piopeity, anu acts, whethei within oi outsiue its
teiiitoiy.

S.) Extiateiiitoiial juiisuiction - authoiity of the State ovei
peisons, things, oi acts, outsiue its teiiitoiial limits by ieason
of theii effects to its teiiitoiy

a/ .571; ([=70;1 19: .1=1: =04 19: C361270: 3A .3N:2:7[0 %??5071L

Baseu on ARTICLE XvI, Section S, 1987 Constitution: The State may
not be sueu without its consent.
Positivist theoiy: Theie can be no legal iight as against the
authoiity that makes the laws on which the iight uepenus.
|K=@=0=0=b3= N/ !3>LU>=0b 2uS 0S S49j # also calleu the
uoctiine of "3L=> !2:23[=17N: 3A C7;930:;1L
Sociological theoiy: If the State is amenable to suits, all its time
woulu be spent uefenuing itself fiom suits anu this woulu pievent it
fio peifoiming it othei functions. |":M5U>76 N/ H7>>=;32j

Q: Is the "uoctiine of soveieign immunity" available to foieign States.

YES, it is, insofai as they aie sought to be sueu in the couits of the local
State. The auueu basis is the piinciple of ;3N:2:7[0 :_5=>71L 3A .1=1:;,
unuei which one State cannot asseit juiisuiction ovei anothei. To uo so
woulu "unuuly vex the peace of nations." (Ciuz) This is consistent with
the inteinational law piinciple of M=2 70 M=2:? 030 9=U:1 7?M:275?/

Q: When is a suit against the State.

A suit is against the State iegaiuless of who is nameu the uefenuant, if it
piouuces auveise consequences to the public tieasuiy in teims of
uisbuisement of public funus anu loss of goveinment piopeity. When a
suit is against the State, it cannot piospei unless the State has given its



11
consent.

In the following cases, it was helu that the suit is not against the State:

a) when the puipose of the suit is to compel an officei chaigeu with the
uuty of making payments puisuant to an appiopiiation maue by law
in favoi of the plaintiff to make such payment, since the suit is
intenueu to compel peifoimance of a ministeiial uuty. (Begoso v.
PvA)

b) when fiom the allegations in the complaint, it is cleai that the
iesponuent is a public officei sueu in a piivate capacity;

c) when the action is not in peisonam with the goveinment as the
nameu uefenuant, but an action in iem that uoes not name the
goveinment in paiticulai.

Bow is the State's consent to be sueu given.

#`M2:;; 630;:01 - may be embouieu in a geneial law oi a special law. It
is effecteu only by the will of the legislatuie thiough the meuium of a uuly
enacteu statute.

%?M>7:4 630;:01 - when the State enteis into a business contiact oi itself
commences litigation. Consent is also implieuly assumeu when it woulu
be inequitable foi the State to invoke its immunity anu in instances when
the State takes piivate piopeity foi public use oi puipose.

Bowevei, uistinctions must be maue between soveieign (juie
impeiii) anu piopiietaiy acts (juie gestioni) since the State may
only be liable foi piopiietaiy acts, as when it enteis into commeicial
contiacts. As foi the filing of a complaint by the goveinment,
suability will iesult only wheie the goveinment is claiming
affiimative ielief fiom the uefenuant.

All money claims against the goveinment must be fileu with the
Commission on Auuit, which has 6u uays within which to act. If it
fails to so act, the claimant must continue to wait. 0nce a uecision
has been maue, he has Su uays to appeal by ceitioiaii to the
Supieme Couit.

The uoveinment is only liable foi the acts of its agents, officeis anu
employees, when they act as special agents within the meaning of
(ART. 218u (6) CC). A special agent is one who ieceives a uefinite
anu fixeu oiuei oi commission, foieign to the exeicise of the uuties
of his office if he is a special official. The special agent acts in
iepiesentation of the State anu executes the tiust confiueu to him.
This concept uoes not apply to any executive agent who is an
employee of the active auministiation anu who on his own
iesponsibility peifoims the functions which aie inheient in anu
natuially peitain to his office anu which aie iegulateu by law anu
the iegulations (Neiiitt v. uovt of the Philippine Islanus)

When the uoveinment cieates a coipoiation, it invaiiably pioviues
this coipoiation a sepaiate entity anu with the capacity to sue anu
be sueu. If the goveinment entity is given the capacity to be sueu,
the suit encompasses any kinu of action, incluuing one fiom toit.

Consent to be sueu incluues actions baseu on quasi-uelict even
though committeu by iegulai, anu not special, agents. So the iule, it
seems, is that a goveinment entity can be sueu foi toit, but if it is, it
can invoke the uefense that it acteu thiough its iegulai employee,
anu not thiough a special agent.

.9=5A N/ +( (199u)

Inasmuch as the State authoiizes only legal acts by its officeis,
unauthoiizeu acts of goveinment officials oi officeis aie not acts of the
State, anu an action against the officials oi officeis by one whose iights
have been invaueu oi violateu by such acts, foi the piotection of his
iights, is not a suit against the State.

The uoctiine of immunity fiom suit will not apply anu may not be
invokeu wheie the public official is being sueu in his piivate anu peisonal
capacity as an oiuinaiy citizen, foi acts without authoiity oi in excess of
the poweis vesteu in him. A public official may be liable in his peisonal
capacity foi whatevei uamage he may have causeu by his act uone with
malice anu in bau faith, oi beyonu the scope of his authoiity oi
juiisuiction.

":M5U>76 N/ .=043N=> (199S)

The piinciple of State immunity fiom suit uoes not apply when the ielief
uemanueu iequiies no affiimative official action on the pait of the State
no the affiimative uischaige of any obligation which belongs to the State
in its political capacity, even though the officeis oi agents who aie maue
uefenuants claim to holu oi act only by viitue of a title of the State anu as
its agents anu seivants.

.-"G+-G"# ('C !,^#". ,F -E# '(-%,'($ O,H#"'&#'-

%/ $#O%.$(-%H# C#!("-&#'-

P/ '=152: =04 +>=;;7A76=1730 $:[7;>=17N: !3@:2

'=152:8
The authoiity to make laws anu to altei oi iepeal them.
vesteu in Congiess, except to the extent ieseiveu to the people by
piovision on initiative anu iefeienuum
Plenaiy (The Congiess may legislate on any subject mattei pioviueu
that the limitations aie obseiveu.)

+>=;;7A76=1730 3A $:[7;>=17N: !3@:28
1. 0iiginal - possesseu by the soveieign people
2. Beiivative - uelegateu by the soveieign people to legislative bouies anu
is suboiuinate to the oiiginal powei of the people
S. Constituent - powei to amenu anu ievise the Constitution
4. 0iuinaiy - powei to pass oiuinaiy laws

X/ +3?M3;71730< D5=>7A76=1730; =04 -:2? 3A ,AA76:

=/ .:0=1: (Ait. vI secs. 2-4)

+3?M3;71730 3A 19: .:0=1:8 24 senatois electeu at laige

D5=>7A76=1730; 3A .:0=132;8
1. Natuial-boin citizen
2. At least SS yeais olu on the uay of the election
S. Able to ieau anu wiite
4. A iegisteieu votei
S. Resiuent of the Philippines foi at least 2 yeais immeuiately
pieceuing the uay of the election

-:2? 3A ,AA76:8 6 yeais, commencing at noon on the Su
th
uay of }une next
following theii election

-:2? $7?71;8 No Senatoi shall seive foi moie than 2 consecutive teims.
Bowevei, they may seive foi moie than 2 teims pioviueu that the teims
aie not consecutive.

U/ E35;: 3A ":M2:;:01=17N:; (Ait. vI secs. S-8)

+3?M3;71730 3A 19: E35;: 3A ":M2:;:01=17N:;8 Not moie than 2Su
membeis, unless otheiwise pioviueu by law, consisting of:

1. Bistiict Repiesentatives - electeu fiom legislative uistiicts
appoitioneu among the piovinces, cities, anu the Netio Nanila aiea.

2. Paity-List Repiesentatives - constitute 2u% of the total numbei of
iepiesentatives
- Foi S consecutive teims fiom 2 Febiuaiy 1987, 2S seats shall be
allotteu to sectoial iepiesentatives. The sectoial iepiesentatives aie to be
chosen by appointment oi election, as may be pioviueu by law. 0ntil a
law is passeu, they aie appointeu by the Piesiuent fiom a list of nominees
by the iespective sectois. (Ait. XvIII, sec. 7)

"5>:; 30 (MM321730?:01 3A $:[7;>=17N: C7;12761;8
1. Naintain piopoitional iepiesentation baseu on numbei of
inhabitants.
a. Each city with a population of at least 2Su,uuu, oi each
piovince, shall have at least 1 iepiesentative. Each piovince,
iiiespective of the numbei of inhabitants, shall have at least 1



12
iepiesentative.
b. Each legislative uistiict shall compiise, as fai as piacticable,
contiguous, compact, anu aujacent teiiitoiy.
2. Legislative uistiicts shall be ie-appoitioneu by Congiess within S
yeais aftei the ietuin of each census.

D5=>7A76=1730; 3A ":M2:;:01=17N:;8
1. 1. Natuial-boin citizens
2. 2. At least 2S yeais olu on the uay of the election
S. S. Able to ieau anu wiite
4. 4. Registeieu votei in the uistiict he seeks to iepiesent
S. S. A iesiuent of the saiu uistiict foi at least 1 yeai immeuiately
pieceuing the uay of the election

-:2? 3A ,AA76:8 S yeais, commencing at noon on the Su
th
uay of }une next
following theii election.

-:2? $7?71;8 No membei of the Bouse of Repiesentatives shall seive foi
moie than S consecutive teims.

H:1:2=0J; F:4:2=1730 N/ +,&#$#+ ZXkkk\

Foimula foi the numbei of auuitional seats to be awaiueu to all the othei
paities unuei the Paity-list System:


No. of auu'l
seats foi
othei paities



=
No. of votes foi
the conceineu
paity
No. of votes foi
fiist paity



x


Auu'l seats
gaineieu by fiist
paity

(0[ B=[30[ B=L=07 N/ +,&#$#+ ZXkkP\

The iules with iegaiu to the Paity-list System aie that:
1) The paities must iepiesent the maiginalizeu anu
unueiiepiesenteu.
2) Najoi political paities must comply with this statutoiy policy
S) Religious sects aie piohibiteu by the Constitution
4) The paity must not be uisqualifieu unuei RA 7941
S) The pait must not be an aujunct of an entity oi pioject funueu
by the goveinment
6) The paity anu its nominees must comply with the
iequiiements of the law
7) The membeis must come fiom the maiginalizeu anu
unueiiepiesenteu sectois
8) The nominee must be able to contiibute to the foimulation anu
enactment of appiopiiate legislation that will benefit the
nation

Theii nominees must come fiom the same paity.

C7?=M323 N/ &712= ZPQQP\

In B.P. Blg. 881 membeis of the legislatuie incluueu in the enumeiation of
elective public officials aie to be consiueieu iesigneu fiom office fiom the
moment of the filing of theii ceitificates of canuiuacy foi anothei office,
except foi Piesiuent anu vice-Piesiuent. The teim of office piesciibeu by
the Constitution may not be extenueu oi shoiteneu by the legislatuie (22
R.C.L.), but the peiiou uuiing which an officei actually holus the office
(tenuie) may be affecteu by ciicumstances within oi beyonu the powei of
saiu officei. Tenuie may be shoitei than the teim oi it may not exist at all.
These situations will not change the uuiation of the teim of office. 0nuei
the questioneu piovision, when an elective official coveieu theieby files a
ceitificate of canuiuacy foi anothei office, he is ueemeu to have
voluntaiily cut shoit his tenuie, not his teim. The teim iemains anu his
successoi, if any, is alloweu to seive its unexpiieu poition

6/ .L0692307I:4 1:2?; 3A 3AA76:

(21/ gH%%% ;:6; PTX

Section 1. The fiist elections of Nembeis of the Congiess unuei this
Constitution shall be helu on the seconu Nonuay of Nay, 1987. The fiist
local elections shall be helu on a uate to be ueteimineu by the Piesiuent,
which may be simultaneous with the election of the Nembeis of the
Congiess. It shall incluue the election of all Nembeis of the city oi
municipal councils in the Netiopolitan Nanila aiea.

Section 2. The Senatois, Nembeis of the Bouse of Repiesentatives, anu
the local officials fiist electeu unuei this Constitution shall seive until
noon of }une Su, 1992.
0f the Senatois electeu in the elections in 1992, the fiist twelve obtaining
the highest numbei of votes shall seive foi six yeais anu the iemaining
twelve foi thiee yeais.

R/ #>:61730

=/ ":[5>=2 #>:61730 Ait vI sec. 8
0nless otheiwise pioviueu by law, the iegulai election of the Senatois
anu the Nembeis of the Bouse of Repiesentatives shall be helu on the
seconu Nonuay of Nay.

U/ .M:67=> #>:61730 Ait vI sec. 9
In case of vacancy in the Senate oi in the Bouse of Repiesentatives, a
special election may be calleu to fill such vacancy in the mannei
piesciibeu by law, but the Senatoi oi Nembei of the Bouse of
Repiesentatives thus electeu shall seive only foi the unexpiieu teim.

$3I=4= N/ +,&#$#+

The Constitution manuates that theie shoulu always be auequate
iepiesentation foi eveiy piovince oi legislative uistiict. If a vacancy
occuis in a mannei contemplateu in the Constitution, then Congiess has
the authoiity if not the uuty to call foi special elections (subject of couise
to the limitation of time as specifieu in the Constitution; see Ait vI Sect 9
of Constitution anu RA 664S).

a/ .=>=27:;< !27N7>:[:; =04 C7;_5=>7A76=1730;

=/ .=>=27:;

(2176>: H%< .:61730 Pk
The salaiies of Senatois anu Nembeis of the Bouse of Repiesentatives
shall be ueteimineu by law. No inciease in saiu compensation shall take
effect until aftei the expiiation of the full teim of all the Nembeis of the
Senate anu the Bouse of Repiesentatives appioving such inciease.

(2176>: gH%%%< .:61730 PV
0ntil the Congiess pioviues otheiwise, the Piesiuent shall ieceive an
annual salaiy of thiee hunuieu thousanu pesos; the vice-Piesiuent, the
Piesiuent of the Senate, the Speakei of the Bouse of Repiesentatives, anu
the Chief }ustice of the Supieme Couit, two hunuieu foity thousanu pesos
each; the Senatois, the Nembeis of the Bouse of Repiesentatives, the
Associate }ustices of the Supieme Couit, anu the Chaiimen of the
Constitutional Commissions, two hunuieu foui thousanu pesos each; anu
the Nembeis of the Constitutional Commissions, one hunuieu eighty
thousanu pesos each.

!E%$+,'.( N/ &=19=L

In this case, the Supieme Couit helu that the phiase "all membeis" of
both houses, iefeis to houses as a single unit, without uistinction oi
sepaiation between them, the funuamental consiueiation being that the
teims of office of all membeis of the legislatuie that enacteu the measuie
(whethei Senatois oi Repiesentatives) must have expiieu befoie the
inciease in compensation can become opeiative.

$7[31 N/ &=19=L

While it is Congiess, thiu a salaiy law, that possess the authoiity to
ueteimine the salaiy of each membei, the Constitution piohibits any
inciease in saiu compensation to take effect until aftei the expiiation of
the full teim of all the membeis of the two houses appioving such
inciease.

The Supieme Couit helu that a law incieasing the "ietiiement giatuity" of
membeis of Congiess falls within the piohibition stateu above. In this
case, the law (Commonwealth Act 186, section 12 (c) as amenueu by
Republic Act 4968) pioviueu that although the inciease in salaiy was not
going to take effect until the next teim, such incieaseu salaiy woulu be
maue the basis in computing the ietiiement pay of the incumbent
membeis. This was ueemeu by the Supieme Couit as a ciicumvention of



13
the Constitutional piovision anu thus voiu.

U/ F2::43? A23? =22:;1

(2176>: H%< .:61730 PP
A Senatoi oi Nembei of the Bouse of Repiesentatives shall, in all offenses
punishable by not moie than six yeais impiisonment, be piivilegeu fiom
aiiest while the Congiess is in session. No Nembei shall be questioneu
noi be helu liable in any othei place foi any speech oi uebate in the
Congiess oi in any committee theieof.

&=2170:I N/ &32A:

A legislatoi shall be piivilegeu fiom aiiest while the Congiess is in
session. In the 19SS Constitution, unuei which this case was ueciueu,
immunity fiom aiiest was only fiom civil aiiest. This veiy limiteu
(piivilege against civil aiiests only) immunity pioviueu unuei the 19SS
Constitution (oi at least as was inteipieteu by the couit in this paiticulai
case) was expanueu unuei the 1987 Constitution stating that a membei
"shall, in all offenses punishable by not moie than 6 yeais impiisonment,
be piivilegeu fiom aiiest while the Congiess is in session."

6/ .M::69 =04 C:U=1: +>=5;:

]7?:0:I N/ +=U=0[U=0[

In this case, a claiification of the scope anu limitation of the
pailiamentaiy immunity was maue. Theie was ieiteiation that, fiist,
Congiessional immunity is a guaiantee of immunity fiom answeiability
befoie an outsiue foium but not fiom answeiability to the uisciplinaiy
authoiity of congiess itself; seconu, to come unuei the guaiantee the
speech oi uebate" must be one maue "in Congiess oi in any committee
theieof."

"Saiu expiession iefeis to utteiances maue by Congiessmen in the
peifoimance of theii official functions, such as speeches ueliveieu,
statements maue, oi votes cast in the halls of Congiess, while the same is
in session, as well as bills intiouuceu in Congiess, whethei the same is in
session oi not, anu othei acts peifoimeu by Congiessmen, eithei in
Congiess oi outsiue the piemises housing its offices, in the official
uischaige of theii uuties as membeis of Congiess anu of Congiessional
Committees uuly authoiizeu to peifoim its functions as such, at the time
of the peifoimance of the acts in question."

,;?:0= N/ !:4=0150

Each Bouse of the Congiess can uiscipline its membeis foi uisoiueily
conuuct oi behavioi. What constitutes uisoiueily behavioi is entiiely up
to Congiess to uefine. Although a membei of Congiess shall not be helu
liable in any othei place foi any speech oi uebate in the Congiess oi in
any committee theieof, such immunity, although absolute in its
piotection of the membei of Congiess against suits foi libel, uoes not
shielu the membei against the uisciplinaiy authoiity of the Congiess. The
Couit uphelu the 1S month suspension, but in ietiospect, it was such a
haish punishment (ieau note on Alejanuiino case) that measuies weie
taken in 197S anu subsequently in the 1987 Constitution to uevise a
system of allowing suspension as a penalty but limiteu its peiiou to sixty
uays. (Ait vI, Sec 16(S))

4/ C7;_5=>7A76=1730;

1. Nay not holu any othei office oi employment in the goveinment
uuiing his teim without foifeiting his seat.
2. Nay not be appointeu to any office cieateu oi the emoluments
theieof weie incieaseu uuiing the teim foi which he was electeu.
S. Cannot peisonally appeai as counsel befoie any couit, electoial
tiibunal, quasi-juuicial anu auministiative bouies uuiing his teim of
office.
4. Shall not be financially inteiesteu, uiiectly oi inuiiectly, in any
contiact with, oi fianchise oi special piivilege gianteu by the
goveinment uuiing his teim of office.
S. Shall not inteivene in any mattei befoie any office of the
goveinment when it is foi his pecuniaiy benefit oi wheie he may be
calleu upon to act on account of his office.

:/ C51L 13 C7;6>3;:

(2176>: g%< .:61730 PV
A public officei oi employee shall, upon assumption of office anu as often
theieaftei as may be iequiieu by law, submit a ueclaiation unuei oath of
his assets, liabilities, anu net woith. In the case of the Piesiuent, the vice-
Piesiuent, the Nembeis of the Cabinet, the Congiess, the Supieme Couit,
the Constitutional Commissions anu othei constitutional offices, anu
officeis of the aimeu foices with geneial oi flag iank, the ueclaiation shall
be uiscloseu to the public in the mannei pioviueu by law.

(2176>: H%< .:61730 PX
All Nembeis of the Senate anu the Bouse of Repiesentatives shall, upon
assumption of office, make a full uisclosuie of theii financial anu business
inteiests. They shall notify the Bouse conceineu of a potential conflict of
inteiest that may aiise fiom the filing of a pioposeu legislation of which
they aie authois.

(2176>: H%< .:61730 Xk
The iecoius anu books of accounts of the Congiess shall be pieseiveu anu
be open to the public in accoiuance with law, anu such books shall be
auuiteu by the Commission on Auuit which shall publish annually an
itemizeu list of amounts paiu to anu expenses incuiieu foi each Nembei.

S/ %01:20=> O3N:20?:01 3A +30[2:;;

=/ #>:61730 3A 3AA76:2;

,FF%+#".8
1. Senate Piesiuent
2. Speakei of the Bouse
S. Such officeis as ueemeu by each house to be necessaiy

#>:61730 3A 3AA76:2;8 By a majoiity vote of all iespective membeis

U/ D5325?

Najoiity of each Bouse shall constitute a quoium.
A smallei numbei may aujouin fiom uay to uay anu may compel the
attenuance of absent membeis.
In computing a quoium, membeis who aie outsiue the countiy, thus
outsiue of each Bouse's coeicive juiisuiction, aie not incluueu.

(N:>703 N/ +5:063

When the Constitution ueclaies that a majoiity of "each Bouse" shall
constitute a quoium, "the Bouse" uoes not mean "all" the membeis. Even
a majoiity of all the membeis constitute "the Bouse". Theie is a uiffeience
between a majoiity of "all membeis of the Bouse" anu a majoiity of "the
Bouse", the lattei iequiiing less numbei than the fiist. Theiefoie, an
absolute majoiity (12) of all membeis of the Senate less one (2S)
constitutes constitutional majoiity of the Senate foi the puipose of the
quoium.

In simple teims, "majoiity" iefeis to the numbei of membeis within the
"juiisuiction" of the Congiess (those it can oiuei aiiesteu foi the puipose
of questioning). In this case, one Senatoi was out of the Philippines which
is not within the "juiisuiction" of the Senate, so that the woiking majoiity
was 2S Senatois.

6/ "5>:; 3A !236::470[;

Each Bouse shall ueteimine its own pioceuuial iules.
0n matteis affecting only inteinal opeiation of the legislatuie, the
legislatuie's foimulation anu implementation of its iules is beyonu
the ieach of the couits. Bowevei, when the legislative iule affects
piivate iights, the couits cannot be altogethei excluueu.
Coiollaiy to Congiess' powei to make iules is the powei to ignoie them
when ciicumstances so iequiie.

4/ C7;67M>70: 3A &:?U:2;

Each house may punish its membeis foi uisoiueily behavioi, anu with the
concuiience of 2S of ALL its membeis:
1. Suspension (shall not exceeu 6u uays)
2. Expulsion




14
(>:d=042703 N/ D5:I30

The histoiy of the sixty-uay limitation on the peiiou of suspension of
electeu officials tiaces back to this case. The Supieme Couit saiu that it
was not in the iealm of powei of the Legislatuie to suspenu its membei
since suspension uepiiveu the constituents (of the suspenueu membei)
the iight to be iepiesenteu in Congiess. In effect, the suspension can
become an act of punishment of the constituents.

:/ ]3520=> =04 +30[2:;;730=> ":6324;

ZP\ -9: #023>>:4 B7>> -9:32L

An eniolleu bill is the official copy of appioveu legislation anu beais the
ceitifications of the piesiuing officeis of each Bouse. Thus wheie the
ceitifications aie valiu anu aie not withuiawn, the contents of the
eniolleu bill aie conclusive upon the couits. The iespect uue to a co-equal
uepaitment iequiies the couits to accept the ceitification of the piesiuing
officei of the legislative bouy.

&=U=0=[ N/ $3M:I H713

A uuly authenticateu bill oi iesolution impoits absolute veiity anu is
binuing on the couits.

This Couit helu itself bounu by an authenticateu iesolution, uespite the
fact that the vote of thiee-fouiths of the membeis of the Congiess (as
iequiieu by the Constitution to appiove pioposals foi constitutional
amenuments) was not actually obtaineu on account of the suspension of
some membeis of the Bouse of Repiesentatives anu Senate.

+=;63 N/ O7?:0:I

The "eniolleu bill" is the official copy of appioveu legislation anu beais
the ceitification of the piesiuing officei of the legislative bouy.
Couits must accept ceitification of the piesiuing officei as conclusive
assuiance of the bill's authenticity. The eniolleu bill pievails ovei the
jouinal.

ZX\ !23U=17N: N=>5: 3A 19: ]3520=>

The }ouinal is conclusive upon the couits.
But when the contents of the jouinal conflicts with that of an eniolleu bill,
the eniolleu bill pievails ovei the contents of the jouinal.

G. N/ !30;

Congiess may valiuly continue enacting bills even beyonu the
ieglementaiy peiiou of aujouinment. When the jouinal shows that
Congiess conuucteu a sine uie session wheie the hanus of the clock aie
stayeu in oiuei to affoiu Congiess the oppoitunity to continue its session.
All bills enacteu uuiing the sine uie session aie valiu anu conclusive upon
the Couits.

The }ouinals aie conclusive eviuence of the contents theieof anu Couits
aie bounu to take juuicial notice of them.

ZR\ &=11:2; 2:_572:4 13 U: :01:2:4 70 19: ]3520=>

Yeas anu Nays on thiiu anu final ieauing of a bill
veto message of the Piesiuent
Yeas anu Nays on the iepassing of a bill vetoeu by the Piesiuent
Yeas anu Nays on any question at the iequest of 1S of membeis piesent

Za\ ]3520=> #012L "5>: N/ #023>>:4 B7>> -9:32L

(;132[= N/ H7>>:[=;

The bill was not uuly enacteu anu theiefoie uiu not become law as inueeu
both the Piesiuent of the Senate anu the Chief Executive withuiew theii
signatuies theiein. In the face of the manifest eiioi committeu anu
subsequently iectifieu by the Senate Piesiuent anu by the Chief Executive,
foi this Couit to peipetuate that eiioi by uisiegaiuing such iectification
anu holuing that the eiioneous bill has become law woulu be to saciifice
tiuth to fiction anu biing about mischievous consequences not intenueu
by the law-making bouy.
ZS\ +30[2:;;730=> ":6324

A/ .:;;730;

ZP\ ":[5>=2 .:;;730;
Convenes once eveiy yeai on the 4
th
Nonuay of }uly.
Continues to be in session until Su uays befoie the stait of its next iegulai
session, exclusive of Satuiuays, Sunuays, anu legal holiuays.

ZX\ .M:67=> .:;;730;
Calleu by the Piesiuent at any time when Congiess is not in session

ZR\ (4d3520?:01;
Neithei Bouse can aujouin foi moie than S uays uuiing the time Congiess
is in session without the consent of the othei Bouse.
Neithei can they aujouin to any othei place than that wheie the two
houses aie sitting, without the consent of the othei.

Za\ ]3701 .:;;730;

Z=\ H3170[ ;:M=2=1:>L

- Choosing the Piesiuent (Ait. vII, sec. 4)
- Beteimining the Piesiuent's tempoiaiy uisability (Iu., sec. 11, pai 4)
- Confiiming the nomination of a vice-Piesiuent (Iu., sec. 9)
- Beclaiing a state of wai (Ait. vI, sec. 2S(1)
- Amenuing the Constitution (Ait. XvII, sec. 1(1)

ZU\ H3170[ ]3701>L

- To ievoke oi extenu maitial law oi suspension of piivilege of habeas
coipus (Ait. vII, sec. 18)

Y/ #>:6132=> -27U50=>;

=/ +3?M3;71730

1. S Supieme Couit }ustices to be uesignateu by the Chief }ustice (The
senioi }ustice in the Electoial Tiibunal shall be its Chaiiman.)
2. 6 Nembeis of the Senate oi Bouse, as the case may be, chosen on the
basis of piopoitional iepiesentation fiom the political paities anu paity-
list oiganizations

The ET shall be constituteu within Su uays aftei the Senate anu the Bouse
shall have been oiganizeu with the election of the Piesiuent anu the
Speakei.
Nembeis chosen enjoy secuiity of tenuie anu cannot be iemoveu by
meie change of paity affiliation.

(UU=; N/ .#-

The five LBP membeis who aie also membeis of the Senate Electoial
Tiibunal may not inhibit themselves since it is cleai that the Constitution
intenueu legislative anu juuiciaiy membeiship to the tiibunal. As a
mattei of fact, the 2 :1 iatio of legislative to juuiciaiy inuicates that
legislative membeiship cannot be ignoieu. To excluue themselves is to
abanuon a uuty that no othei couit can peifoim.

U/ '=152: 3A F5061730

]527;47617308 be the sole juuge of all C0NTESTS ielating to the election,
ietuins, anu qualifications of theii iespective membeis. ET has
juiisuiction only when theie is an election contest. An 'election contest' is
one wheie a uefeateu canuiuate challenges the qualification anu claims
foi himself the seat of a pioclaimeu winnei.

(0[=2= N/ #>:6132=> +3??7;;730

The Electoial Tiibunal of each Bouse is the S0LE juuge of all contests
ielating to the election, ietuins, anu qualifications of the membeis of
Congiess. In the absence of election contest, the Electoial Tiibunal has no
juiisuiction. The Electoial Tiibunals aie inuepenuent constitutional
bouies anu cannot be iegulateu by Congiess.
Supieme Couit has juiisuiction ovei the Electoial Commission anu the
subject mattei of the piesent contioveisy foi the puipose of ueteimining
the chaiactei, scope anu extent of the constitutional giant to the Electoial



15
Commission as "the sole juuge of all contests ielating to the election,
ietuins anu qualifications of the membeis of the National Assembly."

6/ %04:M:04:06: 3A 19: #>:6132=> -27U50=>;

Since the ET's aie inuepenuent constitutional bouies, inuepenuent even
of the iespective Bouse, neithei Congiess noi the Couits may inteifeie
with pioceuuial matteis ielating to the functions of the ET's.

B30436 N/ !70:4=

The tiibunal was cieateu to function as a nonpaitisan couit although two-
thiius of its membeis aie politicians. It is a non-political bouy in a sea of
politicians. "The puipose of the constitutional convention cieating the
Electoial Commission was to pioviue an inuepenuent anu impaitial
tiibunal foi the ueteimination of contests to legislative office, uevoiu of
paitisan consiueiation, anu to tiansfei to that tiibunal all the poweis
pieviously exeiciseu by the legislatuie in matteis peitaining to contesteu
elections of its membeis. "The powei gianteu to the electoial
Commission to juuge contests ielating to the election anu qualification of
membeis of the National Assembly is intenueu to be as complete anu
unimpaiieu as if it hau iemaineu in the legislatuie."

To be able to exeicise exclusive juiisuiction, the Bouse Electoial Tiibunal
must be inuepenuent. Its juiisuiction to heai anu ueciue congiessional
election contests is not to be shaieu by it with the Legislatuie noi with
the Couits. "The Electoial Commission is a bouy sepaiate fiom anu
inuepenuent of the legislatuie anu though not a powei in the tiipaitite
scheme of goveinment, it is to all intents anu puiposes, when acting
within the limits of its authoiity, an inuepenuent oigan; while composeu
of a majoiity of membeis of the legislatuie it is a bouy sepaiate fiom anu
inuepenuent of the legislatuie."

valiu giounus }ust cause foi teimination of membeiship to the tiibunal.
Expiiation of Congiessional teim of office
Beath oi peimanent uisability
Resignation foim political paity which one iepiesents in the tiibunal
Removal foim office foi othei valiu ieasons

4/ !3@:2;

$=I=170 N/ E"#-

Since the canuiuate has alieauy been pioclaimeu, juiisuiction now
belongs to the BRET, thus its iules must be applieu.

The BRET will only gain juiisuiction upon pioclamation of the canuiuate.
0ntil such pioclamation, he is not yet a membei of the Bouse; hence, the
BRET will not have juiisuiction ovei him. }uiisuiction ovei such iemains
with the C0NELEC.


:/ ]54767=> 2:N7:@ 3A 4:67;730; 3A #>:6132=> -27U50=>;

}uuicial ieview of uecisions of the ET's may be hau with the SC only
insofai as the uecision oi iesolution was ienueieu without oi in excess of
juiisuiction oi with giave abuse of uiscietion tantamount to uenial of uue
piocess.

+3 N/ E"#-

As constitutional cieations investeu with necessaiy powei, the Electoial
Tiibunals, although not poweis in the tiipaitite scheme of the
goveinment, aie, in the exeicise of theii functions inuepenuent oigans
inuepenuent of Congiess anu the Supieme Couit. The powei gianteu to
BRET by the Constitution is intenueu to be as complete anu unimpaiieu
as if it hau iemaineu oiiginally in the legislatuie (Angaia vs. Electoial
Commission |19S6j).

Y/ +3??7;;730 30 (MM3701?:01;

+3?M3;717308

1. Senate Piesiuent as ex-officio chaiiman (shall not vote except in
case of a tie.)
2. 12 Senatois
S. 12 Nembeis of the Bouse

The 12 Senatois anu 12 Repiesentatives aie electeu on the basis of
piopoitional iepiesentation fiom the political paities anu
paity-list oiganizations.
The CA shall be constituteu within Su uays aftei the Senate anu the
Bouse of Repiesentative shall have been oiganizeu with the
election of the Piesiuent anu the Speakei.
The CA shall act on all appointments within Su session uays fiom
theii submission to Congiess.
The CA shall iule by a majoiity vote of all its membeis.

&::170[;8
CA meets only while Congiess is in session.
Neetings aie helu eithei at the call of the Chaiiman oi a majoiity of all its
membeis.
Since the CA is also an inuepenuent constitutional bouy, its iules of
pioceuuie aie also outsiue the scope of congiessional poweis as
well as that of the juuiciaiy.

]527;47617308
1. CA shall confiim the appointments by the Piesiuent with iespect to
the following positions:
a) Beaus of the Executive Bepaitments (except if it is the vice-
Piesiuent who is appointeu to the post)
b) Ambassauois, othei public ministeis oi consuls
c) 0fficeis of the AFP fiom the iank of Colonel oi Naval Captain
u) 0thei officeis whose appointments aie vesteu in him by the
Constitution (e.g. C0NELEC membeis)

2. Congiess cannot by law iequiie that the appointment of a peison to
an office cieateu by such law shall be subject to confiimation by the CA.

S. Appointments extenueu by the Piesiuent to the above-mentioneu
positions while Congiess is not in session shall only be effective until
uisappioval by the CA oi until the next aujouinment of Congiess.

C=I= N/ .70[;30

The couit iesolves that issue in favoi of the authoiity of the Bouse of
Repiesentatives to change its iepiesentation in the Commission on
Appointments to ieflect at any time the changes that may tianspiie in the
political alignments of its membeiship. It is unueistoou that such changes
in membeiship must be peimanent anu uo not incluue the tempoiaiy
alliances oi factional uivisions not involving seveiance of political
loyalties oi foimal uisaffiliation anu peimanent shifts of allegiance fiom
one political paity to anothei.

O570[30= N O30I=>:;

The piovision of Section 18 on piopoitional iepiesentation is manuatoiy
in chaiactei anu uoes not leave any uiscietion to the majoiity paity in the
Senate to uisobey oi uisiegaiu the iule on piopoitional iepiesentation;
otheiwise, the paity with a majoiity iepiesentation in the Senate oi the
house of Repiesentatives can by sheei foice of numbeis impose its will
on the hapless minoiity. By iequiiing a piopoitional iepiesentation in the
Commission on Appointments, Section 18 in effect woiks as a check on
the majoiity paity in the Senate anu helps to maintain the balance of
powei. No paity can claim moie than what it is entitleu to unuei such
iule. To allow it to elect moie than its piopoitional shaie of membeis is
to confei upon such a paity a gieatei shaie in the membeiship in the
Commission on Appointments anu moie powei to impose its will on the
minoiity, who by the same token, suffeis a uiminution of its iightful
membeiship in the Commission."
The Constitution uoes not iequiie that the full complement of 12 Senatois
be electeu to the membeiship in the Commission on Appointments befoie
it can uischaige its functions anu that it is not manuatoiy to elect 12
Senatois to the Commission. The oveiiiuing uiiective of Aiticle vI,
Section 18 is that theie must be a piopoitional iepiesentation of the
political paities in the membeiship of the Commission on Appointments
anu that the specification of 12 membeis to constitute its membeiship is
meiely an inuication of the maximum complement allowable unuei the
Constitution. The act of filing up the membeiship theieof cannot
uisiegaiu the manuate of piopoitional iepiesentation of the paities even
if it iesults in fiactional membeiship in unusual situations like the case at
bai.



16

W/ !3@:2; 3A +30[2:;;

=/ O:0:2=> !>:0=2L !3@:2;

U/ $7?71=1730; 30 19: >:[7;>=17N: M3@:2

1. Substantive - cuitails the contents of a law
2. Pioceuuial - cuitails the mannei of passing laws

+323>>=27:;8
1. Congiess cannot pass iiiepealable laws.
2. As a geneial iule, Congiess cannot uelegate its legislative powei
(!31:;1=; 4:>:[=1= 030 M31:;1 4:>:[=2:\
Exceptions:
1. Belegation of taiiff poweis to the Piesiuent (Ait vI sec. 28(2)).
2. Belegation of emeigency poweis to the Piesiuent (Ait vI sec.
2S(2)).
S. Belegation to the people at laige.
4. Belegation to local goveinments.
S. Belegation to auministiative bouies (iule-making powei).

-:;1; A32 = H=>74 C:>:[=1730 Z!:>=:I N;/ (547132 O:0:2=>\8

1. The +3?M>:1:0:;; -:;1 - The law must be complete in all its teims
anu conuitions when it leaves the legislatuie so that theie will be nothing
left foi the uelegate to uo when it ieaches him except enfoice it.

2. The .5AA767:01 .1=04=24 -:;1 - The law must fix a stanuaiu, the limits
of which aie sufficiently ueteiminate oi ueteiminable, to which the
uelegate must confoim in the peifoimance of his functions.

ZX\ !236:452=> $7?71=1730;

(21/ H% .:6; XYTXV
Section 26. (1) Eveiy bill passeu by the Congiess shall embiace only one
subject which shall be expiesseu in the title theieof.

(2) No bill passeu by eithei Bouse shall become a law unless it has passeu
thiee ieauings on sepaiate uays, anu piinteu copies theieof in its final
foim have been uistiibuteu to its Nembeis thiee uays befoie its passage,
except when the Piesiuent ceitifies to the necessity of its immeuiate
enactment to meet a public calamity oi emeigency. 0pon the last ieauing
of a bill, no amenument theieto shall be alloweu, anu the vote theieon
shall be taken immeuiately theieaftei, anu the yeas anu nays enteieu in
the }ouinal.

Section 27. (1) Eveiy bill passeu by the Congiess shall, befoie it becomes
a law, be piesenteu to the Piesiuent. If he appioves the same he shall sign
it; otheiwise, he shall veto it anu ietuin the same with his objections to
the Bouse wheie it oiiginateu, which shall entei the objections at laige in
its }ouinal anu pioceeu to ieconsiuei it. If, aftei such ieconsiueiation,
two-thiius of all the Nembeis of such Bouse shall agiee to pass the bill, it
shall be sent, togethei with the objections, to the othei Bouse by which it
shall likewise be ieconsiueieu, anu if appioveu by two-thiius of all the
Nembeis of that Bouse, it shall become a law. In all such cases, the votes
of each Bouse shall be ueteimineu by yeas oi nays, anu the names of the
Nembeis voting foi oi against shall be enteieu in its }ouinal. The
Piesiuent shall communicate his veto of any bill to the Bouse wheie it
oiiginateu within thiity uays aftei the uate of ieceipt theieof, otheiwise,
it shall become a law as if he hau signeu it.

(2) The Piesiuent shall have the powei to veto any paiticulai item oi
items in an appiopiiation, ievenue, oi taiiff bill, but the veto shall not
affect the item oi items to which he uoes not object.

6/ D5:;1730 E352

(21/ H% .:6/ XX
The heaus of uepaitments may, upon theii own initiative, with the
consent of the Piesiuent, oi upon the iequest of eithei Bouse, as the iules
of each Bouse shall pioviue, appeai befoie anu be heaiu by such Bouse
on any mattei peitaining to theii uepaitments. Wiitten questions shall be
submitteu to the Piesiuent of the Senate oi the Speakei of the Bouse of
Repiesentatives at least thiee uays befoie theii scheuuleu appeaiance.
Inteipellations shall not be limiteu to wiitten questions, but may covei
matteis ielateu theieto. When the secuiity of the State oi the public
inteiest so iequiies anu the Piesiuent so states in wiiting, the appeaiance
shall be conuucteu in executive session.

4/ $:[7;>=17N: 70N:;17[=1730;

$7?71=1730;8
1. The inquiiy must be in aiu of legislation.
2. The inquiiy must be conuucteu in accoiuance with its uuly publisheu
iules of pioceuuie.
S. The iights of peisons appeaiing in oi affecteu by such inquiiies shall
be iespecteu.

+323>>=27:;8
1. The powei of investigation necessaiily incluues the powei to punish
a contumacious witness foi contempt.
2. Bowevei, legislatuie's powei to commit a witness foi contempt
teiminates when the legislative bouy ceases to exist upon its final
aujouinment.
a. Bouse of Repiesentatives - S yeais
b. Senate - inuefinite (Senate, with its staggeieu teims, is a
continuing bouy.)
S. The powei to punish foi contempt is inheient in Congiess anu this
powei is sui geneiis.

(20=5>1 N/ '=I=2:03

The inquiiy, to be within the juiisuiction of the legislative bouy making it,
must be mateiial oi necessaiy to the exeicise of a powei in it vesteu by
the Constitution, such as to legislate oi to expel a membei. In oiuei to
asceitain the chaiactei oi natuie of an inquiiy, iesoit must be hau to the
speech oi iesolution unuei which such an inquiiy is pioposeu to be maue.
0nce an inquiiy is aumitteu oi establisheu to be within the juiisuiction of
a legislative bouy to make, the investigating committee has the powei to
iequiie a witness to answei any question peitinent to the subject of the
inquiiy, subject of the couise to his constitutional piivilege against self-
inciimination.

The powei of investigation necessaiily incluues the powei to punish a
contumacious witness foi contempt.

(20=5>1 N/ B=>=[1=;

The piinciple that Congiess oi any of its bouies has the powei to punish
iecalcitiant witnesses is founueu upon ieason anu policy. Saiu powei
must be consiueieu implieu oi inciuental to the exeicise of legislative
powei, oi necessaiy to effectuate saiu powei. The Senate being a
continuing bouy unlike the Bouse has the powei to oiuei such witness to
iemain in uetention.

B:0[I30 N/ .:0=1: B>5: "7UU30 +3??711::

|Tjhe investigation must be "in aiu of legislation in accoiuance with its
uuly publisheu iules of pioceuuie" anu that "the iights of peisons
appeaiing in oi affecteu by such inquiiies shall be iespecteu." It follows
then that the iights of peisons unuei the Bill of Rights must be iespecteu,
incluuing the iight to uue piocess anu the iight not to be compelleu to
testify against one's self. The powei to conuuct foimal inquiiies oi
investigations is specifically pioviueu foi in Sec. 1 of the Senate Rules of
Pioceuuie uoveining Inquiiies in Aiu of Legislation. Such inquiiies may
iefei to the implementation oi ie-examination of any law oi in
connection with any pioposeu legislation oi the foimulation of futuie
legislation. They may also extenu to any anu all matteis vesteu by the
Constitution in Congiess anuoi in the Senate alone.

:/ (61 =; = U3=24 3A 6=0N=;;:2; A32 !2:;74:017=> =04 H76:T!2:;74:017=>
:>:61730;
Aiticle vII, Section 4, pai 4
Rep. Act No. 7166, Section Su

A/ +=>> ;M:67=> :>:61730 A32 !2:;74:01 =04 H76:T!2:;74:01
Aiticle vII, Section 1u

[/ ":N3b: 32 :`1:04 ;5;M:0;730 3A M27N7>:[: 3A E=U:=; +32M5; 32
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Aiticle vII, Section 18



17

9/ (MM23N: !2:;74:017=> =?0:;17:;
Aiticle vII, Section 19

7/ +30A72? 6:21=70 =MM3701?:01;
BL +30[2:;;
Aiticle vII, Section 9

BL +3??7;;730 30 (MM3701?:01;

.=2?7:013 N/ &7;30 ZPQWV\

In this case, SC constiueu Section 16, Aiticle vII of the Constitution to
mean that only appointments to offices mentioneu in the fiist sentence of
the saiu Section 16, Aiticle vII iequiie confiimation by the Commission
on Appointments. The iuling was ieiteiateu in Naiy Concepcion Bautista
vs. Sen. }ovito Salonga, et al. (1989). Since the seats ieseiveu foi sectoial
iepiesentatives in paiagiaph 2, Section S, Ait. vI may be filleu by
appointment by the Piesiuent by expiess piovision of Section 7, Ait. XvIII
of the Constitution, it is inuubitable that sectoial iepiesentatives to the
Bouse of Repiesentatives aie among the "othei officeis whose
appointments aie vesteu in the Piesiuent in this Constitution," iefeiieu to
in the fiist sentence of Section 16, Ait. vII whose appointments aie
subject to confiimation by the Commission on Appointments.

d/ +30652 70 12:=17:;
Aiticle vII, Section 21 (thiough senate)

b/ C:6>=2=1730 3A @=2 =04 4:>:[=1730 3A :?:2[:06L M3@:2;
Aiticle vI, Section 2S

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Aiticle vII, Section 11, pai 4

?/ !3@:2 3A 7?M:=69?:01
i. who aie subject to impeachment
Aiticle XI, Section 2

ii. giounus foi impeachment
Aiticle XI, Section 2

iii. Pioceuuie foi impeachment
Aiticle XI, Section S (1)-(6)

iv. Consequence of impeachment
Aiticle XI, Section S (7)

v. Nust impeachment pieceue filing of ciiminal case.

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Section 1. Any amenument to, oi ievision of, this Constitution may be
pioposeu by:
(1) The Congiess, upon a vote of thiee-fouiths of all its Nembeis; oi
(2) A constitutional convention.

Section 2. Amenuments to this Constitution may likewise be uiiectly
pioposeu by the people thiough initiative upon a petition of at least
twelve pei centum of the total numbei of iegisteieu voteis, of which
eveiy legislative uistiict must be iepiesenteu by at least thiee pei centum
of the iegisteieu voteis theiein. No amenument unuei this section shall
be authoiizeu within five yeais following the iatification of this
Constitution noi oftenei than once eveiy five yeais theieaftei.
The Congiess shall pioviue foi the implementation of the exeicise of this
iight.

Q/ $:[7;>=17N: !236:;;

=/ ":_572:?:01; =; 13 U7>>;

ZP\ (; 13 171>:; 3A U7>>;
Eveiy bill shall embiace only 1 subject which shall be expiesseu in
the title theieof.
The title uoes not have to be a complete catalogue of eveiything
stateu in the bill. It is sufficient if the title expiesses the geneial
subject of the bill anu all the piovisions of the statute aie geimane to
that geneial subject.
A bill which iepeals legislation iegaiuing the subject mattei neeu
not state in the title that it is iepealing the lattei. Thus, a iepealing
clause in the bill is consiueieu geimane to the subject mattei of the
bill.

ZX\ ":_572:?:01; =; 13 6:21=70 >=@;

Z=\ (MM23M27=1730 >=@;

Limitations:

F32 O:0:2=> (MM23M27=1730; B7>>;
Congiess may not inciease the appiopiiations iecommenueu by the
Piesiuent foi the opeiation of the uoveinment as specifieu in the buuget.
Foim, content anu mannei of piepaiation of the buuget shall be
piesciibeu by law.
No piovision oi enactment shall be embiaceu in the geneial
appiopiiations bill unless it ielates specifically to some paiticulai
appiopiiation theiein.
Pioceuuie in appioving appiopiiations F0R TBE C0NuRESS shall
stiictly follow the pioceuuie foi appioving appiopiiations foi othei
uepaitments anu agencies.
No law shall be passeu authoiizing any tiansfei of appiopiiations.
Bowevei, the following may, BY LAW, be authoiizeu to A0uNENT any
item in the geneial appiopiiations law foi theii iespective offices fiom
savings in othei items of theii iespective appiopiiations:
1. Piesiuent
2. Senate Piesiuent
S. Speakei of the Bouse
4. Chief }ustice of the Supieme Couit
S. Beaus of the Constitutional Commissions

BISCRETI0NARY F0NBS appiopiiateu F0R PARTIC0LAR 0FFICIALS
shall be uisbuiseu only:
Foi public puiposes
To be suppoiteu by appiopiiate voucheis
Subject to such guiuelines as may be piesciibeu by law
No public money oi piopeity shall be appiopiiateu
If Congiess fails to pass the geneial appiopiiations bill by the enu of
any fiscal yeai:
The geneial appiopiiations bill foi the pievious yeai is ueemeu
ieenacteu
It shall iemain in foice anu effect until the geneial appiopiiations
bill is passeu by Congiess.

F32 .M:67=> (MM23M27=1730; B7>>
Shall specify the puipose foi which it is intenueu
Shall be suppoiteu by funus actually available as ceitifieu by the
National Tieasuiei oi to be iaiseu by coiiesponuing ievenue pioposal
theiein

$7?71=1730 30 G;: 3A !5U>76 F504;l(21/ H%< mXQ
No money shall be paiu out of the National Tieasuiy EXCEPT in
puisuance of an appiopiiation maue by law.
Bowevei, this iule uoes not piohibit continuing appiopiiations, e.g.
foi uebt seivicing, foi the ieason that this iule uoes not iequiie yeaily oi
annual appiopiiation.

Limitations:
Appiopiiations must be foi a P0BLIC P0RP0SE
Cannot appiopiiate public funus oi piopeity, uiiectly oi inuiiectly,
in favoi of
1. Any sect, chuich, uenomination, oi sectaiian institution oi system of
ieligion oi
2. Any piiest, pieachei, ministei, oi othei ieligious teachei oi
uignitaiy as such.
EXCEPT if the piiest, etc is assigneu to:



18
1. the Aimeu Foices; oi
2. any penal institution; oi
S. goveinment oiphanage; oi
4. lepiosaiium
Bowevei, the goveinment is not piohibiteu fiom appiopiiating
money foi a valiu seculai puipose, even if it inciuentally benefits a
ieligion, e.g. appiopiiations foi a national police foice is valiu even if the
police also piotects the safety of cleigymen.
Also, the tempoiaiy use of public piopeity foi ieligious puiposes is
valiu, as long as the piopeity is available foi all ieligions.

C:?:127= N;/ (>U=

The piovision in question unuuly oveiextenus the piivilege gianteu to the
piesiuent unuei Sec. 16 (S) of the Constitution insofai as it empoweis the
Piesiuent to inuisciiminately tiansfei funus without iegaiu as to whethei
oi not the funus to be tiansfeiieu aie actually savings in the item fiom
which the same aie to be taken, oi whethei oi not the tiansfei is foi the
puipose of augmenting the item to which saiu tiansfei is to be maue.

Foui phases of uoveinment's buugeting piocess.
1. Buuget piepaiation
2. Legislative authoiization
S. Buuget execution
4. Buuget accountability

ZU\ -=` >=@;

Requiiement: No law gianting any tax exemption shall be passeu without
the concuiience of a NA}0RITY of ALL the membeis of the Congiess.

Constitutional Tax Exemptions:
1. The following piopeities aie exempt fiom REAL PR0PERTY taxes:
a. Chaiitable institutions
b. Chuiches, anu paisonages oi convents appuitenant theieto
c. Nosques
u. Non-piofit cemeteiies; anu
e. All lanus, builuings anu impiovements actually, uiiectly anu
exclusively useu foi ieligious, chaiitable, oi euucational puiposes.

2. All ievenues anu assets of N0N-ST0CK N0N-PR0FIT EB0CATI0NAL
institutions aie exempt fiom taxes anu uuties PR0vIBEB that such
ievenues anu assets aie actually, uiiectly anu exclusively useu foi
euucational puiposes (Ait. XIv sec. 4 (S)).

S. uiants, enuowments, uonations oi contiibutions useu actually, uiiectly
anu exclusively foi euucational puiposes shall be exempt fiom tax,
subject to conuitions piesciibeu by law (Ait. XIv sec. 4 (4)).

Limitations:
1. The iule of taxation shall be 0NIF0RN anu EQ0ITABLE.
2. Congiess shall evolve a PR0uRESSIvE system of taxation.
S. The powei to tax must be exeiciseu foi a public puipose because the
powei exists foi the geneial welfaie
4. The uue piocess anu equal piotection clauses of the Constitution
shoulu be obseiveu.

.M:67=> F504;
Noney collecteu on a tax levieu foi a special puipose shall be tieateu
as a special funu anu paiu out foi such puipose only.
0nce the special puipose is fulfilleu oi abanuoneu, any balance shall
be tiansfeiieu to the geneial funus of the uoveinment

U/ !236:452: A32 19: M=;;=[: 3A U7>>;

Bills that Nust 0iiginate EXCL0SIvELY fiom the Bouse of
Repiesentatives (Sec. 24, Ait vI):
1. Appiopiiation bills (A bill appiopiiating a sum of money fiom the
public tieasuiy.)
- A bill cieating a new office, anu appiopiiating funus theiefoi is N0T an
appiopiiation bill.
2. Revenue bills (A bill specifically uesigneu to iaise money oi ievenue
thiough imposition oi levy.)
S. A law iegulating an inuustiy, though inciuentally imposing a tax,
uoes not make the law a ievenue bill.
4. Taiiff bills
S. Bills authoiizing the inciease of public uebt
6. Bills of local application
7. Piivate bills

In -3>:01703 N;/ .:62:1=2L 3A F70=06:, it was helu that RA 7716 (EvAT
Law) uiu not violate Sec. 24, Ait. vI (0iigination Clause). It is impoitant to
emphasize that it is the law, anu not the bill, which is iequiieu to
oiiginate exclusively fiom the BoR, because the bill may unueigo such
extensive changes in the Senate that the iesult may be the iewiiting of
the whole. To insist that a ievenue statute, anu not just the bill, must be
substantially the same as the Bouse bill woulu be to ueny the Senate's
powei not only to "concui with amenuments" but also to "piopose
amenuments". It woulu violate the co-equality of legislative powei of the
Senate.

Reauings:
Each bill must pass S ieauings in both Bouses.
Each ieauing shall be helu on sepaiate uays anu piinteu copies
theieof in its final foim shall be uistiibuteu to its membeis S uays befoie
its passage.

Exception: If a bill is ceitifieu as uigent by the Piesiuent as to the
necessity of its immeuiate enactment to meet a public calamity oi
emeigency, the S ieauings can be helu on the same uay

The SC ueclaieu in -3>:01703 N;/ .:62:1=2L 3A F70=06: that a
Piesiuential ceitification uispenseu with only thiee things: (1) piinting,
(2) uistiibution anu (S) ieauing the bill on sepaiate uays. It still has to
pass thiough thiee ieauings.

Fiist ieauing: 0nly the title is ieau; the bill is passeu to the piopei
committee

Seconu ieauing: Entiie text is ieau anu uebates aie helu, anu
amenuments intiouuceu.

Thiiu ieauing: 0nly the title is ieau, no amenuments aie alloweu. vote
shall be taken immeuiately theieaftei anu the yeas anu nays enteieu in
the jouinal.

6/ -9: !2:;74:01J; H:13 M3@:2

(21/ H%< mXV
Eveiy bill, in oiuei to become a law, must be piesenteu to anu
signeu by the Piesiuent.
If the Piesiuent uoes not appiove of the bill, he shall veto the same
anu ietuin it with his objections to the Bouse fiom which it oiiginateu.
The Bouse shall entei the objections in the jouinal anu pioceeu to
ieconsiuei it.
The Piesiuent must communicate his uecision to veto within Su
uays fiom the uate of ieceipt theieof. If he fails to uo so, the bill shall
become a law as if he signeu it.
To oveiiiue the veto, at least 2S of ALL the membeis of each Bouse
must agiee to pass the bill. In such case, the veto is oveiiiuuen anu
becomes a law without neeu of piesiuential appioval.
Item veto
The Piesiuent may veto paiticulai items in an appiopiiation,
ievenue oi taiiff bill.
This veto will not affect items to which he uoes not object.
veto of a Riuei
A iiuei is a piovision which uoes not ielate to a paiticulai
appiopiiation stateu in the bill.
Since it is an invaliu piovision unuei Section 2S(2), the
Piesiuent may veto it as an item.

B3>70=3 #>:6123076; +32M N;/ H=>:067=
An invaliu veto is as if the Piesiuent uiu not act on the bill at all. Bill
becomes a law by executive inaction. A conuition in an appiopiiation bill
may be not be vetoeu without vetoing the item to which it is attacheu. The
veto maue by the Piesiuent is invaliu since the Executive's veto powei
uoes not caiiy with it the powei to stiike out conuitions attacheu to an
item. Fuithei, the conuitions vetoeu weie geimane to the appiopiiation
hence shoulu have not been vetoeu. If the veto is unconstitutional, it
piouuces no effect whatsoevei. The iestiiction conuition imposeu by
the appiopiiation bill iemains.




19
O30I=>:; N;/ &=6=2=7[/

B0CTRINE 0F INAPPR0PRIATE PR0vISI0NS
A piovision that is constitutionally inappiopiiate foi an appiopiiation bill
may be singleu out foi veto even if it is not an appiopiiation oi ievenue
item. Piesiuent may veto "iiueis".

The Piesiuent's veto of the piovision in question is constitutional since
the piovision uoes not ielate to any paiticulaiuistinctive appiopiiation
in the bill. Rathei, it applies to all items uisappioveuieuuceu by
Congiess in the buuget pioposal submitteu by the Piesiuent. The
uisappioveuieuuceu items aie nowheie to be founu in the face of the
bill. To uiscovei them, iesoit shoulu be maue to the oiiginal
iecommenuations maue by the Piesiuent. vetoeu sections aie moie of an
expiession of Congiessional policy in iespect the augmentation fiom the
savings iathei than an buugetaiy appiopiiation.

B:0[I30 N;/ C27>30

Piesiuent Aquino vetoeu the appiopiiation of the (incieaseu) pension of
ietiieu justices setting up as a uefense the stanuaiuization of
compensation in the goveinment.

The act of the Executive in vetoing the paiticulai piovisions is an exeicise
of a constitutionally vesteu powei. But the veto powei is not absolute.
The Constitution ieaus: "The Piesiuent shall have the powei to veto any
paiticulai item oi items in an appiopiiation, ievenue oi taiiff bill but the
veto shall not affect the item oi items to which he uoes not object."
(Section 27(2), Aiticle vI, Constitution) The Executive must veto a bill in
its entiiety oi not at all. Be oi she cannot act like an euitoi ciossing out
specific lines, piovisions, oi paiagiaphs in a bill that he oi she uislikes. In
the exeicise of the veto powei, it is geneially all oi nothing.

Bowevei, when it comes to appiopiiation, ievenue oi taiiff bills, the
Auministiation neeus the money to iun the machineiy of goveinment anu
it can not veto the entiie bill even if it may contain objectionable featuies.
The Piesiuent is, theiefoie, compelleu to appiove into law the entiie bill,
incluuing its unuesiiable paits. It is foi this ieason that the Constitution
has wisely pioviueu the "item veto poweis" to avoiu inexpeuient iiueis
being attacheu to an inuispensable appiopiiation oi ievenue measuie.

The Constitution pioviues that only a paiticulai item oi items may be
vetoeu. The powei to uisappiove any item oi items in an appiopiiate bill
uoes not giant the authoiity to veto a pait of an item anu to appiove the
iemaining poition of the same item.

"The teims item anu piovision in buugetaiy legislations anu piactice aie
conceueuly uiffeient. An 71:? in a bill iefeis to the paiticulais, the uetails,
the uistinct anu seveiable paits . . . of the bill. It is an inuivisible sum of
money ueuicateu to a stateu puipose. An 'item' of an appiopiiation bill
means an item which in itself is a specific appiopiiation of money, not
some geneial piovision of law, which happens to be put into an
appiopiiation bill.'"

The piesiuent cannot veto unavoiuable obligations such as the payment
of Pensions which has alieauy been vesteu by the law. The veto is invaliu
since it is violateu the sepaiation of piopeity anu the juuiciaiy's fiscal
autonomy.

4/ #AA:617N71L 3A >=@;

(2176>: X Z++\
Laws shall take effect aftei fifteen uays following the completion of theii
publication in the 0fficial uazette, unless it is otheiwise pioviueu. This
coue shall take effect one yeai aftei such publication.

# "unless otheiwise pioviueu" - this phiase iefeis to the uate of
effectivity, anu not the publication. Complete publication is inuispensable.

Executive 0iuei No. 2uu (}une 18, 1987)

-=0=4= N;/ -5N:2=
Bue piocess iequiies that laws of geneial application to have foice anu
effect must be publisheu.

-=0=4= N;/ -5N:2=< ":;3>51730 3A &F"
The piioi publication of laws befoie they become effective cannot be
uispenseu with.

Pk/ %0717=17N: =04 ":A:2:045?

(21/ H%< mRX

The Congiess shall, as eaily as possible, pioviue foi a system of initiative
anu iefeienuum, anu the exceptions theiefiom, wheieby the people can
uiiectly piopose anu enact laws oi appiove oi ieject any act oi law oi
pait theieof passeu by the Congiess oi local legislative bouy aftei the
iegistiation of a petition theiefoi signeu by at least ten pei centum of the
total numbei of iegisteieu voteis, of which eveiy legislative uistiict must
be iepiesenteu by at least thiee pei centum of the iegisteieu voteis
theieof.
RA 67SS (Aug 4, 1989)

%%/ #g#+G-%H# C#!("-&#'-

(/ -9: !2:;74:01

P/ D5=>7A76=1730;< :>:61730< 1:2? =04 3=19

(21/ H%%< .:6/ X.
No peison may be electeu Piesiuent unless he is a natuial-boin citizen of
the Philippines, a iegisteieu votei, able to ieau anu wiite, at least foity
yeais of age on the uay of the election, anu a iesiuent of the Philippines
foi at least ten yeais immeuiately pieceuing such election.

The canuiuate must be qualifieu on the uay of the elections. Beai in minu
that iesiuency anu uomicile mean the same thing unuei election law, i.e.,
the ff must be taken into consiueiation: bouily piesence, animus
manenuianu animus ieveitenui.

(21/ H%%< .:6/ a/
The Piesiuent anu the vice-Piesiuent shall be electeu by uiiect vote of the
people foi a teim of six yeais which shall begin at noon on the thiitieth
uay of }une next following the uay of the election anu shall enu at noon of
the same uate six yeais theieaftei. The Piesiuent shall not be eligible foi
any ieelection. No peison who has succeeueu as Piesiuent anu has
seiveu as such foi moie than foui yeais shall be qualifieu foi election to
the same office at any time.

No vice-Piesiuent shall seive foi moie than two successive teims.
voluntaiy ienunciation of the office foi any length of time shall not be
consiueieu as an inteiiuption in the continuity of the seivice foi the full
teim foi which he was electeu.

0nless otheiwise pioviueu by law, the iegulai election foi Piesiuent anu
vice-Piesiuent shall be helu on the seconu Nonuay of Nay.

The ietuins of eveiy election foi Piesiuent anu vice- Piesiuent, uuly
ceitifieu by the boaiu of canvasseis of each piovinces oi city, shall be
tiansmitteu to the Congiess, uiiecteu to the Piesiuent of the Senate.
0pon ieceipt of the ceitificates of canvass, the Piesiuent of the Senate
shall, not latei than thiity uays aftei the uay of election (wc is the 2nu
Tuesuay of }une), open all the ceitificates in the piesence of the Senate
anu Bouse of Repiesentatives in joint public session, anu the Congiess,
upon ueteimination of the authenticity anu uue execution theieof in the
mannei pioviueu by law, canvass (i.e., tally the ceitificates of canvass) the
votes.

The peisons having the highest numbei of votes shall be pioclaimeu
electeu, but in case two oi moie shall have an equal anu highest numbei
of votes (tie), one of them shall foith with be chosen by the vote of a
majoiity of all the membeis of Congiess, voting sepaiately.

The Congiess shall piomulgate its iules foi the canvassing of the
ceitificates.

The Supieme Couit, sitting en banc, shall be the sole juuge of all contests
ielating to the election, ietuins, anu qualifications of the Piesiuent, oi
vice-Piesiuent, anu may piomulgate its iules foi the puipose.

":[5>=2 #>:61730 =04 -:2?



20
The Piesiuent anu vice-Piesiuent (who shall be electeu with anu in the
same mannei as the Piesiuent) shall be electeu by uiiect vote of the
people foi a teim of 6 yeais, which shall begin on the noon of }une Su next
following the uay of election. The iegulai election foi Piesiuent anu vice-
Piesiuent shall be helu on the 2nu Nonuay of Nay. (Ait. vII, Sec. 4 pais. 1
& S).

.M:67=> #>:61730 =04 -:2?
If a vacancy occuis in the offices of Piesiuent anu vice- Piesiuent moie
than 18 months befoie the uate of the next iegulai piesiuential election, a
special election to elect the Piesiuent anu vice-Piesiuent shall be calleu
by Congiess, puisuant to vII, 1u. (See uiscussion unuei 0thei Poweis of
Congiess, supia anu Succession, infia.)

A conuitional iesignation by the incumbent Piesiuent is not a ieal
iesignation that cieates a vacancy foi the puipose of calling a special
election.

But in the !97>7MM70: B=2 (;;367=1730< %06/ N +,&#$#+, the failuie of
the SC to issue an injunction on time is alieauy a uecision in itself in favoi
of the valiuity of the law calling foi Snap Elections uespite the absence of
vacancy; only, it is a uecision that is not suppoiteu by a iatio ueciuenui.
Inueeu, a miuteim election in a piesiuential system of goveinment in
iesponse to populai clamoi foi it, is a legal anomaly.

The Constitution is silent as to whethei the peisons electeu in the special
election shall seive only foi the unexpiieu poition of the teim, anu
whethei the new Piesiuent can iun foi ie- election if he has not seiveu
moie than 4 yeais, which uepenus on the constiuction of the phiase "has
succeeueu as the Piesiuent," uiscusseu in the next section. }ustice vv
Nenuoza: 0nly unexpiieu poition.

":T:>:61730
The Piesiuent shall not be eligible foi any ie-election. Fuitheimoie, no
peison who has "succeeueu" as Piesiuent anu has seiveu as such foi
moie than 4 yeais, shall be qualifieu foi any election to the same office
(the Piesiuency) at any time. (Ait. vII, Sec. 4, pai. 1)

The peison who succeeus as Piesiuent anu not just in an acting capacity,
coulu eithei be
(i) the vice-Piesiuent, oi
(ii) one who was electeu Piesiuent in a special election.

In both cases, if he has seiveu foi moie than 4 yeais, he is ineligible foi
ie-election as Piesiuent.

The vice-Piesiuent on the othei hanu, shall not seive foi moie than 2
successive teims. Anu foi this puipose, a voluntaiy (but not involuntaiy)
ienunciation of office foi any length of time, shall not be consiueieu an
inteiiuption in the continuity of the seivice foi the full teims foi which he
was electeu. (Ait. vII, Sec. 4, pai. 2). This is applicable, howevei,
beginning 1992, because of the Tiansitoiy Piovisions. (This piohibition
is similai to that applicable to Senatois.)

+=0N=;;70[ 3A #>:61730 ":1520;
It is the Congiess that acts as Boaiu of Canvasseis of eveiy election foi
Piesiuent anu vice-Piesiuent.

#>:6132=> -27U50=> A32 19: #>:61730 3A 19: !2:;74:01 =04 H76:T
!2:;74:01
The Supieme Couit, sitting en banc, shall be the sole juuge of all contests
ielating to the election, ietuins, anu qualifications of the Piesiuent oi
vice-Piesiuent, anu may piomulgate its iules foi that puipose. (Ait. vII,
Sec. 4, pai. 7.) Note that while election contioveisies in the
Congiess aie unuei the exclusive juiisuiction of theii iespective Electoial
Tiibunals, those in the Executive aie unuei the Supieme Couit itself.

,=19 3A ,AA76:

(21/ H%%< .:6/ S/
Befoie they entei on the execution of theii office, the Piesiuent, the vice-
Piesiuent oi the Acting Piesiuent shall take the following oath oi
affiimation: "I uo solemnly sweai (oi affiim) that I will faithfully
anu conscientiously fulfill my uuties as Piesiuent (oi vice-Piesiuent oi
Acting Piesiuent) of the Philippines, pieseive anu uefenu its Constitution,
execute its laws, uo justice to eveiy man, anu conseciate to myself to the
seivice of the Nation. So help me uou." (In case of affiimation, last
sentence will be omitteu.)

X/ !27N7>:[: =04 ;=>=2L

(21/ H%%< .:6/ Y/
The Piesiuent shall have an official iesiuence. The salaiies of the
Piesiuent anu vice-Piesiuent shall be ueteimineu by law anu shall not be
uecieaseu uuiing theii tenuie. No inciease in saiu compensation shall
take effect until aftei the expiiation of the teim of the incumbent uuiing
which such inciease was appioveu. They shall not ieceive uuiing theii
tenuie any othei emolument fiom the uoveinment oi any othei souice.

(21/ gH%%%/ .:6 PV/
0nless the Congiess pioviues otheiwise, the Piesiuent shall ieceive an
annual salaiy of P Suu,uuu; xxx.

R/ !2397U71730;

(21/ H%%< .:6/ PR/
The Piesiuent, vice-Piesiuent, the Nembeis of the Cabinet, anu theii
ueputies oi assistants shall not, unless otheiwise pioviueu in this
Constitution, holu any othei office oi employment uuiing theii tenuie.
They shall not, uuiing saiu tenuie, uiiectly oi inuiiectly piactice any
othei piofession, paiticipate in any business, oi be financially inteiesteu
in any contiact with, oi in any fianchise, oi special piivilege gianteu by
the uoveinment oi any subuivision, agency oi instiumentality theieof,
incluuing goveinment-owneu oi contiolleu coipoiations oi theii
subsiuiaiies. They shall stiictly avoiu conflict of inteiest in the conuuct of
theii office.

The spouse anu ielatives by consanguinity oi affinity within the fouith
civil uegiee of the Piesiuent shall not uuiing his tenuie be appointeu as
Nembeis of the Constitutional Commissions, oi the 0ffice of the
0mbuusman, oi as Secietaiies, 0nueisecietaiies, chaiimen oi heaus of
buieaus oi offices, incluuing goveinment-owneu oi contiolleu
coipoiations anu theii subsiuiaiies.

+7N7> $7U:217:; G0730 N #`:6517N: .:62:1=2L

Petitionei challengeu Exec. 0iuei No. 284 which in effect alloweu Cabinet
membeis, theii unueisecietaiies anu asst. secietaiies anu othei
appointive officials of the Executive Bepaitment to holu othei positions in
the govt., albeit, subject of the limitations imposeu theiein.

In ueclaiing the E0 unconstitutional, the SC helu that by ostensibly
iestiicting the no. of positions that Cabinet membeis, unueisecietaiies oi
asst. secietaiies may holu in auuition to theii piimaiy position to not
moie than 2 positions in the govt. anu u0CCs, E0 284 actually allows
them to holu multiple offices oi employment in uiiect contiavention of
the expiess manuate of Ait. vIII, Sec. 1S piohibiting them fiom uoing so,
unless otheiwise pioviueu in the 1987 Constitution itself.

The stiictei piohibition applieu to the Pies. anu his official family unuei
Sec. 1S, Ait. vII as compaieu to the piohibition applicable to appointive
officials in geneial unuei Ait. IX, B, Sec. 7, pai. 2 aie pioof of the intent of
the 1987 Consti. to tieat them as a class by itself anu to impose upon saiu
class stiictei piohibitions. Thus, while all othei appointive officials in the
civil seivice aie alloweu to holu othei office oi employment in the govt
uuiing theii tenuie when such is alloweu by law oi by the piimaiy
functions of theii positions, membeis of the Cabinet, theii ueputies anu
assistants may uo so only when expiessly authoiizeu by the Consti. itself.
xxx

Bowevei, the piohibition against holuing uual oi multiple offices oi
employment unuei Ait. vII, Sec. 1S must not be constiueu as applying to
posts occupieu by the Executive officials specifieu theiein wo auuition
compensation in an ex-officio capacity as pioviueu by law anu as iequiieu
by the piimaiy functions of saiu official's office. The ieason is that these
posts uo not compiise "any othei office" win the contemplation of the
constitutional piohibition but aie piopeily an imposition of auuitional
uuties anu function on saiu officials.

+3?M=2: !2397U71730; =[=70;1 319:2 3AA767=>;

(21/ H%< .:6/ PR.



21
No Senatoi oi Nembei of the Bouse of Repiesentatives may holu any
othei office oi employment in the uoveinment, oi any subuivision,
agency, oi instiumentality theieof, incluuing goveinment owneu oi
contiolleu coipoiations oi theii subsiuiaiies, uuiing his teim without
foifeiting his seat. Neithei shall he be appointeu to any office which may
have been cieateu oi the emoluments theieof incieaseu uuiing the teim
foi which he was electeu.

(21/ %gT(< .:6/ X/
No Nembei of a Constitutional Commission shall, uuiing his tenuie, holu
any othei office oi employment. Neithei shall he engage in the piactice of
any piofession oi in the active management oi contiol of any business
which in any way may be affecteu by the functions of his office, noi shall
he be financially inteiesteu, uiiectly oi inuiiectly, in any contiact with, oi
in any fianchise oi piivilege gianteu by the uoveinment, any of its
subuivisions, agencies, oi instiumentalities, incluuing goveinment-owneu
oi contiolleu coipoiations oi theii subsiuiaiies.

(21/ %g< B< .:6/ V/
No elective official shall be eligible foi appointment oi uesignation in any
capacity to any public office oi position uuiing his tenuie.

0nless otheiwise alloweu by law oi by the piimaiy functions of his
position, no appointive official shall holu any othei office oi employment
in the uoveinment oi any subuivision, agency oi instiumentality theieof,
incluuing goveinment-owneu oi contiolleu coipoiations oi theii
subsiuiaiies.

(21/ H%%%< .:6/ PX/
The Nembeis of the Supieme Couit anu of othei couits establisheu by
law shall not be uesignateu to any agency peifoiming quasi-juuicial oi
auministiative functions.

#`6:M1730; 13 25>: M2397U7170[ :`:6517N: 3AA767=>; A23? 93>470[
=4471730=> M3;71730;8

a. Piesiuent

(1) The Piesiuent can assume a Cabinet post, (because the uepaitments
aie meie extensions of his peisonality, accoiuing to the Boctiine of
Qualifieu Political Agency, so no objection can be valiuly iaiseu baseu on
(21/ H%%< .:6/ PR.)

(2) The Piesiuent is the Chaiiman of NEBA. ((21/ g%%< .:6/ Q)

b. vice-Piesiuent

(21/ H%%< .:6/ R.
xxx The vice-Piesiuent may be appointeu as membei of the Cabinet. Such
appointment iequiies no confiimation

c. Cabinet

(1) The Secietaiy of }ustice shall be an ex-officio membei of the }uuicial
anu Bai Council. ((21/ H%%%< .:6/ WnPj)

2) 0nless otheiwise alloweu by law oi by the piimaiy functions of his
position, appointive officials shall not holu any othei office oi
employment in the uoveinment oi any subuivision, agency oi
instiumentality theieof, incluuing goveinment- owneu oi contiolleu
coipoiations oi theii subsiuiaiies. ((21/ %g< B< V< M=2/ X)

Ait. vII, Sec. 1S talks of "unless otheiwise pioviueu by the Constitution."
In the case of Cabinet membeis, this iefeis to Ait. IX, B, 7, pai. 2. Thus,
the Constitution allows a Cabinet membei to holu anothei office pioviueu
eithei (1) such is necessitateu by the piimaiy functions of his position
(e.g. Secietaiy of Tiaue anu Inuustiy as Chaiiman of NBC, Secietaiy of
Agiaiian Refoim as Chaiiman of the Lanu Bank), oi (ii) is alloweu by law.
The valiuity of E0 284 allowing membeis of the Cabinet anu theii 0nuei-
Secietaiies to holu 2 auuitional offices was ueciueu in the case of CL0 vs
Exec. Secietaiy.

a/ .566:;;730

(1) At the beginning of teim

(21/ H%%< .:6/ V.
The Piesiuent-elect anu the vice-Piesiuent elect shall assume office at the
beginning of theii teims. xxx

- This piovision iefeis to the Piesiuent anu vice-Piesiuent electeu in the
iegulai election, anu so the teim iefeiieu to begins on }une Su next
following the election on the 2nu Nonuay of 1992, anu eveiy 6 yeais
theieaftei.

H=6=06L 70 19: !2:;74:06L
Theie aie two sets of iules on succession, uepenuing on whethei the
vacancy took place befoie the beginning of the teim on }une Su, oi uuiing
the penuency of the teims that commences on }une Su. (The cut-off point
is unsettleu. 0ne view is that the cut-off is noon of }une Su, as expiesseu
in Ait. vII, Sec. 4, pai. 1. The othei view is that the cut-off is miunight of
}une 29 when }une Su begins.)

A. Tempoiaiy oi peimanent vacancy in the Piesiuency befoie the teim

1. If the Piesiuent-elect cannot assume his post at the beginning of his
teim because
i) he has not qualifieu as yet ( e.g. he hau an opeiation anu so he coulu not
take his oath of office on }une Su),
ii) oi a Piesiuent has not been "chosen" anu qualifieu as yet (e.g. theie is a
tie anu Congiess has not yet bioken the tie),

then the vice-Piesiuent shall act as Piesiuent until the Piesiuent-elect
shall have qualifieu, oi shall have been "chosen: anu qualifieu, as the case
may be. (Ait. vII, Sec. 7, pais. 2 & S).

(21/ H%%< .:6/ V/
xxx If the Piesiuent-elect fails to qualify, the vice-Piesiuent-elect shall act
as Piesiuent until a Piesiuent shall have been chosen anu qualifieu.

If a Piesiuent shall not have been chosen, the vice-Piesiuent-elect shall
act as Piesiuent until a Piesiuent shall have been chosen anu qualifieu.
xxx

2. If the Piesiuent-elect
i) uies, oi
ii) becomes peimanently uisableu "at the beginning of the teim of the
Piesiuent" (i.e., befoie the teim),

then the vice-Piesiuent elect shall become the Piesiuent. (Iu., pai. 4)

(21/ H%%< .:6/ V.
xxx If at the beginning of the teim of the Piesiuent, the Piesiuent-elect
shall have uieu oi shall have become peimanently uisableu, the vice-
Piesiuent-elect shall become Piesiuent.

S. If both Piesiuent anu vice-Piesiuent
(i) have not been "chosen" oi
(ii) have not qualifieu, oi
(iii) uie, oi
(iv) become peimanently uisableu,

then the Piesiuent of the Senate, oi in case of his inability, the Speakei of
the Bouse, shall act as Piesiuent until a Piesiuent oi a vice-Piesiuent
shall have been "chosen" anu qualifieu. (pai. S)

(21/ H%%< .:6/ V.
xxx Wheie no Piesiuent anu vice-Piesiuent shall have been chosen oi
shall have qualifieu, oi wheie both shall have uieu oi become
peimanently uisableu, the Piesiuent of the Senate oi, in case of his
inability, the Speakei of the Bouse of Repiesentatives shall act as
Piesiuent until a Piesiuent oi a vice-Piesiuent shall have been chosen
anu qualifieu. (pai. S theieof.)

In case both the Piesiuent of the Senate anu the Speakei of the Bouse aie
unable to act as Piesiuent, then Congiess shall by law, pioviue foi the
"mannei of selecting" the one who will act as Piesiuent until a Piesiuent
of vice-Piesiuent shall have (been eithei "chosen" oi "electeu" puisuant
to the special election iefeiieu to in vII, 1u, anu qualifieu.

(21/ H%%< .:6/ V/
xxx The Congiess shall, by law, pioviue foi the mannei in which one who



22
is to act as Piesiuent shall be selecteu until a Piesiuent oi a vice-
Piesiuent shall have qualifieu, in case of ueath, peimanent uisability, oi
inability of the officials mentioneu in the next pieceuing paiagiaph. (pai.
6 theieof.)

(21/ H%%< .:6/ Pk/
The Congiess shall, at ten o'clock in the moining of the thiiu uay aftei the
vacancy in the offices of the Piesiuent anu vice-Piesiuent occuis, convene
in accoiuance with its iules without neeu of a call anu within seven uays
enact a law calling foi a special election to elect a Piesiuent anu a vice-
Piesiuent to be helu not eailiei than foity-five uays noi latei than sixty
uays fiom the time of such call. The bill calling such special election shall
be ueemeu ceitifieu unuei paiagiaph 2, Section 26, Aiticle vI of this
Constitution anu shall become law upon its appioval on thiiu ieauing by
the Congiess. Appiopiiations foi the special election shall be chaigeu
against any cuiient appiopiiations anu shall be exempt fiom the
iequiiements of paiagiaph 4, Section 2S, Aiticle vI of this Constitution.
The convening of the Congiess cannot be suspenueu noi the special
election postponeu. No special election shall be calleu if the vacancy
occuis within eighteen months befoie the uate of the next piesiuential
election.
(2) Buiing teim

(21/ H%%< .:6/ W.
In case of ueath, peimanent uisability, iemoval fiom office, oi iesignation
of the Piesiuent, the vice-Piesiuent shall become the Piesiuent to seive
the unexpiieu teim. In case of ueath, peimanent uisability, iemoval fiom
office, oi iesignation of both the Piesiuent anu vice-Piesiuent, the
Piesiuent of the Senate oi, in case of his inability, the Speakei of the
Bouse of Repiesentatives, shall then act as Piesiuent until the Piesiuent
oi vice-Piesiuent shall have been electeu anu qualifieu.

The Congiess shall, by law, pioviue who shall seive as Piesiuent in case of
ueath, peimanent uisability, oi iesignation of the Acting Piesiuent. Be
shall seive until the Piesiuent oi the vice-Piesiuent shall have been
electeu anu qualifieu, anu be subject to the same iestiictions of poweis
anu uisqualifications as the Acting Piesiuent.

B. Peimanent vacancy in the Piesiuency uuiing the teim

1. In case of the Piesiuent's
(i) ueath
(ii) peimanent uisability,
(iii) iemoval fiom office (the only way is by impeachment), oi
(iv) iesignation, the vice-Piesiuent shall become Piesiuent foi the
unexpiieu poition of the teim. (pai. 1)

2. In case of both the Piesiuent's anu vice-Piesiuent's ueath, peimanent
uisability, iemoval fiom office (by impeachment), oi iesignation, then the
Senate Piesiuent oi, in case of his inability, the Speakei of the Bouse, shall
act as Piesiuent until the Piesiuent oi vice-Piesiuent shall have been
"electeu" (puisuant to the special election in Ait. vII, Sec. 1u) anu
qualifieu. (pai. 1.)

When the Acting Piesiuent (i.e., the Senate Piesiuent, oi Speakei of the
Bouse) uies, becomes peimanently uisableu, oi iesigns (but is not
iemoveu, because theie is no neeu to impeach him, his stay being
tempoiaiy), then the Congiess shall by law, pioviue "who" shall be Acting
Piesiuent until the Piesiuent oi vice-Piesiuent shall have been "electeu"
(puisuant to the special election in Ait. vII, Sec. 1u) anu qualifieu. This
Acting Piesiuent shall be subject to the same iestiictions of poweis anu
uisqualifications.(pai. 2)

#;12=4= N (223L3

The SC helu that Pies Estiaua iesigneu, theieby leaving the position
vacant. This was baseu on statements he executeu befoie he left
Nalacanang anu the publisheu uiaiy of E. Angaia in the Philippine Baily
Inquiiei.

#;12=4= N/ C:;7:213 ZXkkP\

The piesiuent's iesignation must be willful anu intentional, anu it must be
stiictly constiueu. When impeachment pioceeuings have become moot
uue to the iesignation of the Pies, piopei ciiminal anu civil cases may
alieauy be fileu against him.

":;J0 30 19: &31730 A32 ":630 ZXkkP\

The totality test was applieu to ueteimine whethei oi not the piesiuent
has inueeu iesigneu. Nany things weie consiueieu incluuing the Angaia
Biaiy.

Compaiisons anu uistinctions between the two vacancies:

a) The incumbent Piesiuent nevei holus-ovei the Piesiuency in any case.

b) The vacancy must occui in the offices of both the Piesiuent anu vice-
Piesiuent in oiuei foi the Senate Piesiuent, oi the Speakei, oi, in theii
inability, the one pioviueu to succeeu accoiuing to the Law of Succession
passeu by the Congiess, to succeeu as Acting Piesiuent until the
qualification of the Piesiuent.

c) The Law on Succession must be passeu by the Congiess in both cases in
the event that the Piesiuent, vice-Piesiuent, Senate Piesiuent anu the
Speakei aie all unable to act as Piesiuent. But in the case of a vacancy
occuiiing befoie the teim, the law pioviues only foi the "mannei of
selecting" the Acting Piesiuent, while in the case of a vacancy occuiiing
uuiing the teim, it pioviues foi "the peison" who shall act as Piesiuent.
In both cases, the stint of the Acting Piesiuent is tempoiaiy.

u) When the vacancy comes befoie the teim, the Constitution talks of the
successoi acting as Piesiuent until a Piesiuent has been "chosen" anu
"qualifieu"; when it comes uuiing, it talks of "electeu" anu qualifieu. The
ieason is that befoie the teim, the vacancy in the Piesiuency neeu not be
filleu up by election, since it may be filleu up by a vote of Congiess in case
of a tie (Ait. vII, Sec. 4, pai. S); but uuiing the teim, the only way to fill up
the vacancy is by special election.

e) A special election in both cases is helu, puisuant to Ait. vII, Sec. 1u,
only when both offices of Piesiuent anu vice-Piesiuent aie vacant.
Bowevei, if the vacancy occuis befoie the teim, the giounus aie limiteu
to 2 (ueath anu peimanent uisability oi both), while if the vacancy occuis
uuiing the teim, the giounus aie 4 (ueath, peimanent uisability, iemoval,
anu iesignation).

f) The vacancy that occuis befoie the teim of office may be tempoiaiy oi
peimanent; the vacancy that occuis uuiing the teim of office can only be
a peimanent one. Thus, a uiffeient set of iules applies, to be uiscusseu
next following, in case of the tempoiaiy inability of the Piesiuent uuiing
the teim of office.

(21/ H%%< .:6/ Pk/
The Congiess shall, at ten o'clock in the moining of the thiiu uay aftei the
vacancy in the offices of the Piesiuent anu vice-Piesiuent occuis, convene
in accoiuance with its iules without neeu of a call anu within seven uays
enact a law calling foi a special election to elect a Piesiuent anu a vice-
Piesiuent to be helu not eailiei than foity-five uays noi latei than sixty
uays fiom the time of such call. The bill calling such special election shall
be ueemeu ceitifieu unuei paiagiaph 2, Section 26, Aiticle vI of this
Constitution anu shall become law upon its appioval on thiiu ieauing by
the Congiess. Appiopiiations foi the special election shall be chaigeu
against any cuiient appiopiiations anu shall be exempt fiom the
iequiiements of paiagiaph 4, Section 2S, Aiticle vI of this Constitution.
The convening of the Congiess cannot be suspenueu noi the special
election postponeu. No special election shall be calleu if the vacancy
occuis within eighteen months befoie the uate of the next piesiuential
election.
S. In case of tempoiaiy uisability

(21/ H%%< .:6/ PP/
Whenevei the Piesiuent tiansmits to the Piesiuent of the Senate anu the
Speakei of the Bouse of Repiesentatives his wiitten ueclaiation that he is
unable to uischaige the poweis anu uuties of his office, anu until he
tiansmits to them a wiitten ueclaiation to the contiaiy, such poweis anu
uuties shall be uischaigeu by the vice-Piesiuent as Acting Piesiuent.

Whenevei a majoiity of all the Nembeis of the Cabinet tiansmit to the
Piesiuent of the Senate anu to the Speakei of the Bouse of
Repiesentatives theii wiitten ueclaiation that the Piesiuent is unable to
uischaige the poweis anu uuties of his office, the vice-Piesiuent shall
immeuiately assume the poweis anu uuties of the office as Acting



23
Piesiuent.

Theieaftei, when the Piesiuent tiansmits to the Piesiuent of the Senate
anu to the Speakei of the Bouse of Repiesentatives his wiitten
ueclaiation that no inability exists, he shall ieassume the poweis anu
uuties of his office. Neanwhile, shoulu a majoiity of all the Nembeis of
the Cabinet tiansmit within five uays to the Piesiuent of the Senate anu to
the Speakei of the Bouse of Repiesentatives theii wiitten ueclaiation that
the Piesiuent is unable to uischaige the poweis anu uuties of his office,
the Congiess shall ueciue the issue. Foi that puipose, the Congiess shall
convene, if it is not in session, within foity-eight houis, in accoiuance
with its iules anu without neeu of call.

If the Congiess, within ten uays aftei ieceipt of the last wiitten
ueclaiation, oi if not in session, within twelve uays aftei it is iequiieu to
assemble, ueteimines by a two-thiius vote of both Bouses, voting
sepaiately, that the Piesiuent is unable to uischaige the poweis anu
uuties of his office, the vice-Piesiuent shall act as Piesiuent; otheiwise,
the Piesiuent shall continue exeicising the poweis anu uuties of his office.

*Tempoiaiy vacancy in the Piesiuency uuiing the teim

A vacancy in the Piesiuency aiising fiom his uisability can occui in any of
the ff ways:

1. A wiitten ueclaiation by the Piesiuent
2. Wiitten ueclaiation by the Cabinet
S. Finuing by Congiess by 2S vote that the Piesiuent is uisableu.

In all these cases, the vice-Piesiuent tempoiaiily acts as the Piesiuent.

voluntaiy ueclaiation of inability by Piesiuent

a. When the Piesiuent tiansmits to the Senate Piesiuent anu the Speakei
his wiitten ueclaiation that he is unable to uischaige the poweis anu
uuties of his office, such poweis anu uuties shall be uischaigeu by the
vice-Piesiuent as Acting Piesiuent.

b. The vice-Piesiuent shall so act until the Piesiuent tiansmits to the
Senate Piesiuent anu the Speakei a wiitten ueclaiation that he is no
longei unable to uischaige his office.

Contesteu inability of the Piesiuent

a. When majoiity of all the membeis of the Cabinet tiansmit to the Senate
Piesiuent anu Speakei theii wiitten ueclaiation that the Piesiuent is
unable to uischaige his office, then the vice-Piesiuent shall immeuiately
assume the Piesiuency in an acting capacity.

b. The Piesiuent can contest this by senuing his own wiitten ueclaiation
to the Senate Piesiuent anu Speakei, that no inability exists. 0pon such
tiansmittal, the Piesiuent shall automatically assume his office.

c. Shoulu the majoiity of the Cabinet insist on theii oiiginal stanu by
tiansmitting a seconu wiitten ueclaiation of the Piesiuent's inability
within S uays fiom iesumption of office of the Piesiuent, then Congiess
shall step in.

u. 0pon ieceipt of this seconu ueclaiation by the Cabinet, Congiess shall
convene, if it is not in session, within 48 houis, without neeu of call, in
accoiuance with its iules. (If it is alieauy in session, it must meet iight
away, as glimpseu fiom the fact that they only have 1u uays to ueciue,
wheieas if it is not in session, it must convene in 2 uays anu ueciue befoie
the 12th uay.)

e. Congiess shall ueteimine the Piesiuent's inability within 1u uays aftei
ieceipt of the seconu wiitten ueclaiation by the Cabinet if it is in session,
oi within 12 uays aftei it is iequiieu to assemble by its iespective
piesiuing officei if it is not in session.

f. If the Piesiuent, by a 2S vote of both houses voting sepaiately,
ueteimineu to be "unable" to uischaige his office, then the vice-Piesiuent
shall act as Piesiuent. If less than 2S finu him unable, then the Piesiuent
shall continue exeicising the poweis anu uuties of his office.

Seiious Illness of the Piesiuent

(21/ H%%< .:6/ PX/
In case of seiious illness of the Piesiuent, the public shall be infoimeu of
the state of his health. The membeis of the Cabinet in chaige of national
secuiity anu foieign ielations anu the Chief of Staff of the Aimeu Foices of
the Philippines, shall not be uenieu access to the Piesiuent uuiing such
illness.

S/ ":?3N=>

(21/ g%< .:6/ X/
The Piesiuent, the vice-Piesiuent, the Nembeis of the Supieme Couit, the
Nembeis of the Constitutional Commissions, anu the 0mbuusman may be
iemoveu fiom office, on impeachment foi, anu conviction of, culpable
violation of the Constitution, tieason, biibeiy, giaft anu coiiuption, othei
high ciimes, oi betiayal oi public tiust. All othei public officeis anu
employees may be iemoveu fiom office as pioviueu by law, but not by
impeachment.

(21/ g%< .:6/ R/
(1) The Bouse of Repiesentatives shall have the exclusive powei to
initiate all cases of impeachment.

(2) A veiifieu complaint foi impeachment may be fileu by any Nembei of
the Bouse of Repiesentatives oi by any citizen upon iesolution of
enuoisement by any Nembei theieof, which shall be incluueu in the
0iuei of Business within ten session uays, anu iefeiieu to the piopei
Committee within thiee session uays theieaftei. The Committee, aftei
heaiing, anu by a majoiity vote of all its Nembeis, shall submit its iepoit
to the Bouse within sixty session uays fiom such iefeiial, togethei with
the coiiesponuing iesolution. The iesolution shall be calenuaieu foi
consiueiation by the Bouse within ten session uays fiom ieceipt theieof.

(S) A vote of at least one-thiiu of all the Nembeis of the Bouse shall be
necessaiy eithei to affiim a favoiable iesolution with the Aiticles of
Impeachment of the Committee, oi oveiiiue its contiaiy iesolution. The
vote of each Nembei shall be iecoiueu.

(4) In case the veiifieu complaint oi iesolution of impeachment is fileu
by at least one-thiiu of all the Nembeis of the Bouse, the same shall
constitute the Aiticles of Impeachment, anu tiial by the Senate shall
foithwith pioceeu.

(S) No impeachment pioceeuings shall be initiateu against the same
official moie than once within a peiiou of one yeai.

(6) The Senate shall have the sole powei to tiy anu ueciue all cases of
impeachment. When sitting foi that puipose, the Senatois shall be on
oath oi affiimation. When the Piesiuent of the Philippines is on tiial, the
Chief }ustice of the Supieme Couit shall piesiue, but shall not vote. No
peison shall be convicteu without the concuiience of two-thiius of all the
Nembeis of the Senate.

(7) }uugment in cases of impeachment shall not extenu fuithei than
iemoval fiom office anu uisqualification to holu any office unuei the
Republic of the Philippines, but the paity convicteu shall neveitheless be
liable anu subject to piosecution, tiial, anu punishment accoiuing to law.


Beinas: The officei can still be tiieu foi a ciiminal case asiue fiom
impeachment

"Initiation" is goveineu by the iules of the Bouse of Reps; "tiial" is
goveineu by the iules of the Senate. What is sought to be uiscoveieu is
not just the guilt oi innocence in the ciiminal sense, but a public official's
woithiness oi unwoithiness of the solemn tiust confeiieu upon him by
the people. Thus, impeachment is political in natuie.

Y/ !3@:2; =04 F5061730; 3A 19: !2:;74:01
(P\ #`:6517N: !3@:2

The executive function is essentially the uuty to implement the laws
within the stanuaius imposeu by the legislatuie. 0nuei the Constitution,
this powei is exeiciseu by the Piesiuent. Thus, when the Cabinet anu
othei bianches of the Executive Bepaitment implement the law, they aie
acting unuei the contiol of the Piesiuent.



24

(21/ H%%< .:6/ P/
The executive powei shall be vesteu in the Piesiuent of the Philippines.

.:6/ PV/
The Piesiuent shall have contiol of all the executive uepaitments,
buieaus, anu offices. Be shall ensuie that the laws be faithfully executeu.

In '=1730=> #>:6127A76=1730 +3??7;;730 N;/ +(, the Couit saiu that as
auministiative heau of the goveinment, the Piesiuent is vesteu with the
powei to execute, auministei anu caiiy out laws into piactical opeiation.

&=263; N; &=0[>=M5;

This is a petition foi manuamus asking the Couit to oiuei the
iesponuents to issue tiavel uocuments to Ni. Naicos anu his immeuiate
family anu to enjoin the implementation of the Piesiuent's uecision to bai
theii ietuin to the Philippines. The issue is whethei oi not, in the
exeicise of executive powei, the Piesiuent may piohibit the Naicoses
fiom ietuining to the Philippines.

Although the 1987 Constitution imposes limitations on the exeicise of
specific poweis of the Piesiuent, it maintains intact what is tiauitionally
consiueieu as within the scope of executive powei. Coiollaiily, the
poweis of the Piesiuent cannot be saiu to be limiteu only to the specific
powei enumeiateu in the Constitution. In othei woius, executive powei
is moie than the sum of specific poweis so enumeiateu. The
fiameis uiu not intenu that by enumeiating the poweis of the Pies, he
shall exeicise those poweis anu no othei. These unstateu iesiuual
poweis aie implieu fiom the giant of executive powei anu which aie
necessaiy foi the Pies to comply with his uuties unuei the Consti.

ZX\ +30123> 3A :`:6517N: 4:M=21?:01;

(21/ H%%< .:6/ PV/
The Piesiuent shall have contiol of all the executive uepaitments,
buieaus, anu offices. Be shall ensuie that the laws be faithfully executeu.

+30123> is the powei of an officei to altei oi mouify oi nullify oi to set
asiue what a suboiuinate has uone in the peifoimance of his uuties anu to
substitute one's own juugment in that of a suboiuinate.

0nuei the _5=>7A7:4 M3>7176=> =[:06L 4361270: (also =>1:2 :[3
M27067M>:), "all the uiffeient executive anu auministiative oiganizations
aie meie aujuncts of the Executive Bept, the heaus of the vaiious
executive uepts. Aie assistants anu agents of the Chief Executive, anu,
except in cases wheiein the Chief Executive is iequiieu by the Consti oi
by the law to act in peison oi the exigencies of the situation uemanu that
he act peisonally, the multifaiious executive anu auministiative functions
of the Chief Executive aie peifoimeu by anu thiough the executive uepts.,
peifoimeu anu piomulgateu in the iegulai couise of business, aie, unless
uisappioveu oi iepiobateu by the Chief Executive, piesumptively acts of
the Chief Executive." (F2:: -:>:M930: ^32b:2; G0730 N;/ &707;1:2 3A
$=U32 =04 #?M>3L?:01\
ZR\ O:0:2=> ;5M:2N7;730 3A >36=> [3N:20?:01; =04 =51303?35; 2:T
[730;

(21/ g< .:6/ a/
The Piesiuent shall exeicise geneial supeivision ovei local goveinments.
xxx

(21/ g< .:6/ PY/
The Piesiuent shall exeicise geneial supeivision ovei autonomous
iegions to ensuie that laws aie faithfully executeu.

.5M:2N7;730 means the meie oveiseeing, oi the powei oi authoiity of the
officei to see that suboiuinate officeis peifoim theii uuties, anu if the
lattei fail oi neglect to fulfill them, then the foimei may take such action
oi steps as piesciibeu by law to make them peifoim these uuties. But
this uoes not incluue the powei to oveiiule theii acts, if these acts aie
within theii uiscietion.

Za\ !3@:2 3A =MM3701?:01

Ciuz: Appointment may be uefineu as the selection, by the authoiity
vesteu w the powei, of an inuiviuual who is to exeicise the functions of a
given office.

The powei of appointment is, accoiuing to the SC in +306:M6730 N
!=2:4:;< the most eminently executive powei, because it is thiough his
appointees that the Piesiuent can execute laws.

Bistinguish appointment fiom:
1. Besignation - imposition of auuitional uuties, usually by law,
on a peison alieauy in the public seivice
2. Commission - wiitten eviuence of the appointment

The powei of appointment by the Piesiuent unuei the 1987 Constitution
has been significantly cuibeu. It can be classifieu as follows:

P/ ^719 19: 630;:01 3A 19: +3??7;;730 30 (MM3701?:01;

.=2?7:013 N; &7;30

Theie aie 4 gioups of officeis whom the Pies may appoint:

1. heaus of the exec uept, ambassauois, othei public ministeis
anu consuls, officeis of the aimeu foices fiom the iank of
colonel oi naval capt anu othei officeis whose appointments
aie vesteu in him;
2. all othei officeis of the gov't whose appointments aie not
otheiwise pioviueu by law;
S. those whom the Pies may be authoiizeu to appoint;
4. officeis lowei in iank whose appointments Congiess may by
law vest in the Pies alone

Beaus of buieaus weie uelibeiately moveu fiom the piovision of
appointments iequiiing confiimation anu weie incluueu in the 4
th
gioup
anu hence, theii appointments no longei neeu confiimation.

B=517;1= N; .=>30[=

The position of Chaiiman of the CBR is not specifically enumeiateu in the
1
st
sentence of Ait vII, Sec16. CBR shoulu be inuepenuent, anu the
officeis' tenuie shoulu not be uepenuent on the Pies. Bence,
Commissionei Bautista shoulu be iemoveu only foi cause.

D57013;TC:>:; N; +3??7;;730 30 (MM3701?:01;

The seats ieseiveu foi sectoial ieps may be fileu by appointment by the
Pies unuei Ait XvIII, Sec7. It is inuubitable that sectoial ieps to the
Bouse aie among the "othei officeis whose appointments aie vesteu in
the Pies in this Consti", iefeiieu to in the 1
st
senitence of AitvII, Sec16.
These appointments iequiie the confiimation of the Commission on
Appointments.

'31:;8 Fiom the iulings in Saimiento III v. Nison, 1S6 S S49), Bautista v.
Salonga, 172 S 16u, anu Beles v. Constitutional Commission, 177 S 2S9,
these 4361270:; aie ueuucible:
1. Confiimation by the CA is iequiieu only foi piesiuential appointees as
mentioneu in the fiist sentence of Sec. 16, Ait. vII, incluuing, those
officeis whose appointments aie expiessly vesteu by the Constitution
itself in the piesiuent (like sectoial iepiesentatives to Congiess anu
membeis of the constitutional commissions of Auuit, Civil Seivice anu
Election).

2. Confiimation is not iequiieu when the Piesiuent appoints othei
goveinment officeis whose appointments aie not otheiwise pioviueu foi
by law oi those officeis whom he may be authoiizeu by law to appoint
(like the Chaiiman anu Nembeis of the Com. on Buman Rights). Also, as
obseiveu in Saimiento v. Nison, when Congiess cieates infeiioi offices
but omits to pioviue foi appointment theieto, oi pioviues in an
unconstitutional mannei foi such appointments, the officeis aie
consiueieu as among those whose appointments aie not otheiwise
pioviueu foi by law.

(a) Beaus of the executive uepaitments

(21/ H%%< .:6/ PY.
The Piesiuent shall nominate anu, with the consent of the Commission on
Appointments, appoint the heaus of the executive uepaitments,
ambassauois, othei public ministeis anu consuls, oi officeis of the aimeu



25
foices fiom the iank of colonel oi naval captain, anu othei officeis whose
appointments aie vesteu in him in this Constitution. Be shall also appoint
all othei officeis of the uoveinment whose appointments aie not
otheiwise pioviueu foi by law, anu those whom, he may be authoiizeu by
law to appoint. The Congiess may, by law, vest the appointment of othei
officeis lowei in iank in the Piesiuent alone, in the couits, oi in the heaus
of uepaitments, agencies, commissions oi boaius.
The Piesiuent shall have the powei to make appointments uuiing the
iecess of Congiess, whethei voluntaiy oi compulsoiy, but such
appointment shall be effective only until uisappioval by the Commission
on Appointments oi until the next aujouinment of the Congiess.


(b) Ambassauois, othei public ministeis anu consuls (Iu.)

(c) 0fficeis of the Aimeu Foices of the Philippines with the iank of
colonel oi naval captain (because these aie officeis of a sizeable
commanu enough to stage a coup)

(u) 0thei officeis whose appointments aie vesteu in the Piesiuent in the
Constitution:

(i) Chaiiman anu Commissioneis of the Constitutional
Commissions

(21/ %gTB< .:6/ P/
ZX\ The Chaiiman anu the Commissioneis (of the Civil Seivice
Commission) shall be appointeu by the Piesiuent with the consent of the
Commission on Appointment foi a teim of seven yeais without
ieappointment. 0f those fiist appointeu, the Chaiiman shall holu office
foi seven yeais, a Commissionei foi five yeais, anu anothei
Commissionei foi thiee yeais, without ieappointment. Appointment to
any vacancy shall be only foi unexpiieu teim of the pieuecessoi. In no
case shall any Nembei be appointeu oi uesignateu in a tempoiaiy oi
acting capacity

.%4/< +< .:6/ P/ ZX) The Chaiiman anu the Commissioneis (of the
Commission on Elections) shall be appointeu by the Piesiuent with the
consent of the Commission on Appointment foi a teim of seven yeais
without ieappointment. 0f those fiist appointeu, thiee Nembeis shall
holu office foi seven yeais, two Nembeis foi five yeais, anu the last
Nembeis foi thiee yeais, without ieappointment. Appointment to any
vacancy shall be only foi unexpiieu teim of the pieuecessoi. In no case
shall any Nembei be appointeu oi uesignateu in a tempoiaiy oi acting
capacity.

%4/< C< .:6/ P ZX) The Chaiiman anu the Commissioneis (of the
Commission on Auuit) shall be appointeu by the Piesiuent with the
consent of the Commission on Appointment foi a teim of seven yeais
without ieappointment. 0f those fiist appointeu, the Chaiiman shall holu
office foi seven yeais, a Commissionei foi five yeais, anu anothei
Commissionei foi thiee yeais, without ieappointment. Appointment to
any vacancy shall be only foi unexpiieu teim of the pieuecessoi. In no
case shall any Nembei be appointeu oi uesignateu in a tempoiaiy oi
acting capacity.

(ii) Regulai membeis of the }uuicial anu Bai Council

Composeu of the IBP iepiesentative, piofessoi of law, ietiieu SC justice,
anu iepiesentative of the piivate sectoi. Note the ex-officio membeis:
Chief }ustice, Secietaiy of }ustice, anu iepiesentative of Congiess)

Ait. H%%< .:6/ W/ ZX)
The iegulai membeis of the (}uuicial anu Bai) Council shall appointeu by
the Piesiuent foi a teim of foui yeais with the consent of the Commission
on Appointments. 0f the Nembeis fiist appointeu, the iepiesentative of
the Integiateu Bai shall seive foi foui yeais, the piofessoi of law foi
thiee yeais, the ietiieu }ustice foi two yeais, anu the iepiesentative of
the piivate sectoi foi one yeai.

(iii) Sectoial iepiesentatives

(21/ gH%%%< .:6/ V.
0ntil a law is passeu, the Piesiuent may fill by appointment fiom a list of
nominees by the iespective sectois the seats ieseiveu foi sectoial
iepiesentation in paiagiaph (2) of Section S of Aiticle vI of this
Constitution.
(iv) Regional Consultative Commission

(21/ g< .:6/ PW/
The Congiess shall enact an oiganic act foi each autonomous iegion with
the assistance anu paiticipation of the iegional consultative commission
composeu of iepiesentatives appointeu by the Piesiuent fiom a list of
nominees fiom multisectoial bouies. The oiganic act shall uefine the
basic stiuctuie of goveinment foi the iegion consisting of the executive
uepaitment anu legislative assembly, both of which shall be elective anu
iepiesentative of the constituent political units. The oiganic acts shall
likewise pioviue foi special couits with peisonal, family, anu piopeity
law juiisuiction consistent with the piovisions of this Constitution anu
national laws. The cieation of the autonomous iegion shall be
effective when appioveu by majoiity of the votes cast by the constituent
units in a plebiscite calleu foi the puipose, pioviueu that only piovinces,
cities, anu geogiaphic aieas voting favoiably in such plebiscite shall be
incluueu in the autonomous iegion.

X/ GM30 2:63??:04=1730 3A 19: ]54767=> =04 B=2 +35067>

(a) Nembeis of the Supieme Couit anu all othei couits

(21/ H%%%< .:6/ Q/
The Nembeis of the Supieme Couit anu juuges of lowei couits shall be
appointeu by the Piesiuent fiom a list of at least thiee nominees piepaieu
by the }uuicial anu Bai Council foi eveiy vacancy. Such appointments
neeu no confiimation.

Foi the lowei couits, the Piesiuent shall issue the appointments within
ninety uays fiom the submission of the list.

(b) 0mbuusman anu his S ueputies (foi Luzon, visayas, Ninuanao,
geneial anu militaiy)

(21/ g%< .:6/ Q/
The 0mbuusman anu his Beputies shall be appointeu by the Piesiuent
fiom a list of at least six nominees piepaieu by the }uuicial anu Bai
Council, anu fiom a list of thiee nominees foi eveiy vacancy theieaftei.
Such appointments shall iequiie no confiimation. All vacancies shall be
filleu within thiee months aftei they occui.

R/ (MM3701?:01 3A H76:T!2:;74:01 =; &:?U:2 3A 19: +=U70:1

(21/ H%%< .:6/ R.
Xxx The vice Piesiuent may be appointeu as a Nembei of the Cabinet.
Such appointment iequiies no confiimation

a/ (MM3701?:01; ;3>:>L UL 19: !2:;74:01

(21/ H%%< .:6/ PY/
The Piesiuent shall xxx also appoint all othei officeis of the uoveinment
whose appointments aie not otheiwise pioviueu foi by law, anu those
whom, he may be authoiizeu by law to appoint. The Congiess may, by
law, vest the appointment of othei officeis lowei in iank in the Piesiuent
alone, in the couits, oi in the heaus of uepaitments, agencies,
commissions oi boaius.

The Piesiuent shall have the powei to make appointments uuiing the
iecess of Congiess, whethei voluntaiy oi compulsoiy, but such
appointment shall be effective only until uisappioval by the Commission
on Appointments oi until the next aujouinment of the Congiess.

1. Those vesteu by the Constitution on the Piesiuent alone (e.g.
appointment of vice-Piesiuent to the Cabinet) |Ait. vII, Sec. S(2)j

2. Those whose appointments aie not otheiwise pioviueu by law.

S. Those whom he may be authoiizeu by law to appoint.

4. Those othei officeis lowei in iank whose appointment is vesteu by law
in the Piesiuent (alone). The phiaseology is muuuleu.

The meaning of #4 was toucheu upon in .=2?7:013 N &7;30. In aiguing
that even buieau chiefs neeueu confiimation even if they aie of infeiioi
iank, the aigument was the phiase, "The Congiess may, by law, vest in



26
the appointment of othei officeis lowei in iank in the Piesiuent alone"
meant that until a law is passeu giving such appointing powei to the
Piesiuent alone, then such appointment has to be confiimeu. 0nly aftei
such law is passeu uoes the necessity foi confiimation no longei holu.
The SC uismisseu this view howevei, saying that the inclusion of the woiu
"alone" was an oveisight. Thus, the Constitution shoulu ieau "The
Congiess may, by law, vest the appointment of othei officeis lowei in
iank in the Piesiuent."

ZS\ $7?71=1730; 30 =MM370170[ M3@:2 3A 19: !2:;74:01`

(21/ H%%< .:6/ PR/
Xxx The spouse anu ielatives by consanguinity oi affinity within the
fouith civil uegiee of the Piesiuent shall not uuiing his tenuie be
appointeu as Nembeis of the Constitutional Commissions, oi the 0ffice of
the 0mbuusman, oi as Secietaiies, 0nueisecietaiies, chaiimen oi heaus
of buieaus oi offices, incluuing goveinment-owneu oi contiolleu
coipoiations anu theii subsiuiaiies.

%4/< .:6/ PS/
Two months immeuiately befoie the next piesiuential elections anu up to
the enu of his teim, a Piesiuent oi Acting Piesiuent shall not make
appointments, except tempoiaiy appointments to executive positions
when continueu vacancies theiein will piejuuice public seivice oi
enuangei public safety.

a. The spouse anu ielatives by consanguinity oi affinity within the 4th
civil uegiee of the Piesiuent shall not, uuiing his "tenuie". be appointeu
as
(i) membeis of the Constitutional Commissions,
(ii) membei of the 0ffice of 0mbuusman,
(iii) Secietaiies,
(iv) 0nueisecietaiies,
(v) Chaiimen oi heaus of buieaus oi offices, incluuing goveinment-
owneu oi contiolleu coipoiations anu theii subsiuiaiies.

b. Two months immeuiately befoie the next piesiuential elections (2nu
Nonuay of Naich), anu up to the enu of his "teim" (}une Su), a Piesiuent
(oi Acting Piesiuent) shall not make appointments.

Exception:
Tempoiaiy appointments, to executive positions, when continueu
vacancies will
(1) piejuuice public seivice (e.g Postmastei) oi
(2) enuangei public safety (e.g. Chief of Staff).

This piovision seems to have oveiiuleu pievious pionouncements of the
Supieme Couit on the valiuity of "miunight appointments".(Au inteiim
appointments coulu eithei be "miunight", if maue by the Piesiuent befoie
he steps uown fiom office oi iecess, if maue by the Piesiuent when
Congiess is not in session.)

(L130= N +=;17>>3<

The SC iuleu that while "miunight appointments" (note: maue by
outgoing Piesiuent neai the enu of his teim) aie not illegal, they shoulu
be maue in the capacity of a "caietakei" uoubly caieful anu piuuent in
making the selection, so as not to uefeat the policies of the incoming
auministiation. The filling up of vacancies in impoitant posts, if few, anu
so spaceu as to affoiu some assuiance of uelibeiate action anu caieful
consiueiation of the neeu foi the appointment anu the appointees
qualifications, may be unuoubteuly peimitteu. But the issuance of SSu
appointments in one night, anu the planneu inuuction of almost all of
them a few houis befoie the inauguiation of the new Piesiuent may be
iegaiueu as abuse of piesiuential pieiogatives.

D57;5?U70[ N -=d=0[>=0[71

The SC emphasizeu that the Aytona iuling uoes not ueclaie all miunight
appointments as invaliu, anu that the au inteiim appointment of the
petitionei chief of police heie, whose qualification anu iegulaiity weie
not uisputeu, except foi the fact that it was maue uuiing the last few uays
of the olu auministiation, is thus not invaliu.

C: "=?= N/ +( ZXkkP\
The piohibition against miunight appointments applies only to the
piesiuent anu uoes not extenu to local elective officials. Noieovei, theie
is no law that piohibits local elective officials fiom making appointments
uuiing the last uays of his oi hei tenuie.

%01:27? 32 2:6:;; =MM3701?:01;

(21 H%< .:6/ PQ.
The Electoial Tiibunals anu the Commission on Appointments shall be
constituteu within thiity uays aftei the Senate anu the Bouse of
Repiesentatives shall have been oiganizeu with the election of the
Piesiuent anu the Speakei. The Commission on Appointments shall meet
only while the Congiess is in session, at the call of its Chaiiman oi a
majoiity of all its Nembeis, to uischaige such poweis anu functions as
heiein confeiieu upon it.

(21/ H%%< .:6/ PY.
xxx The Piesiuent shall have the powei to make appointments uuiing the
iecess of Congiess, whethei voluntaiy oi compulsoiy, but such
appointment shall be effective only until uisappioval by the Commission
on Appointments oi until the next aujouinment of the Congiess/

Regulai anu iecess (au-inteiim) appointments

Appointments iequiiing confiimation aie of two kinus, (i) iegulai, if the
CA, that is, Congiess, is in session, oi (ii) uuiing the iecess of Congiess
(because the Commission shall meet only while Congiess is in session
|Ait. vI, Sec. 19j).

":[5>=2 =MM3701?:01 T one maue by the Piesiuent while Congiess is in
session, takes effect only aftei confiimation by the Commission on
Appointments, anu once appioveu, continues until the enu of the teim of
the appointee.

(4T701:27? =MM3701?:01 - one maue by the Piesiuent while Congiess is
not in session, takes effect immeuiately, but ceases to be valiu if
uisappioveu by the Commission on Appointments oi upon the next
aujouinment of Congiess. (Ait. vII, Sec. 16, pai. 2)

&=17U=[ N; B:07M=L3

Au inteiim appointment - a peimanent appointment maue by the Pies in
the meantime that Congies is in iecess. It is peimanent as it takes effect
immeuiately anu can no longei be withuiawn by the Pies once the
appointee has qualifieu into office. The fact that it is subject to the
confiimation of the Commission on Appointments uoes not altei its
peimanent chaiactei. Bence, saiu appointment is effective until (1)
uisappioveu by the CA oi (2) the next aujouinment of Congiess

ActingTempoiaiy appointment - can be withuiawn oi ievokeu at the
pleasuie of the appointing powei. The appointee uoes not enjoy secuiity
of tenuie. This is the kinu of appointment that the Consti piohibits the
Pies fiom making to the inuepenuent constitutional commissions.

!=6:1: N; .:62:1=2L

The meie filing of a motion foi ieconsiueiation of the confiimation of an
appointment cannot have the effect of iecalling oi setting asiue saiu
appointment. The Consti is cleai - theie must eithei be a iejection by the
Commission on Appointments oi non-action on its pait foi the
confiimation to be iecalleu.

Also, the powei to appiove oi uisappiove appointments is confeiieu on
the CA as a bouy anu not on the inuiviuual membeis.

Tempoiaiy Besignations:

(4?70 +34: 3A PQWV< B33b %%% .:6/ PV
The Piesiuent may uesignate an officei alieauy in the govt. seivice oi any
othei competent peison to peifoim the functions of any office in the
executive bianch, appointment to which is vesteu in him by law, when:

(a) The officei iegulaily appointeu to the office is unable to peifoim his
uuties by ieason of illness, absence oi any othei cause; oi

(b) Theie exists a vacancy;
In no case shall a tempoiaiy uesignation exceeu one (1) yeai.



27

ZY\ $7?71=1730; 30 19: =MM370170[ M3@:2 3A 19: (6170[ !2:;74:01

(21/ H%%< .:6/ Pa.
Appointments extenueu by an Acting Piesiuent shall iemain effective
unless ievokeu by the electeu Piesiuent within ninety uays fiom his
assumption oi ieassumption of office.

* ueals with appts maue by an acting Pies

(21/ H%%< .:6/ PS. Two months immeuiately befoie the next piesiuential
elections anu up to the enu of his teim, a Piesiuent oi Acting Piesiuent
shall not make appointments, except tempoiaiy appointments to
executive positions when continueu vacancies theiein will piejuuice
public seivice oi enuangei public safety.

cueals with appts maue by a Pies within 2 months befoie the next
Piesiuential elections anu up to the enu of his teim

(21/ H%%< .:6/ PY/
xxx The Piesiuent shall have the powei to make appointments uuiing the
iecess of the Congiess, whethei voluntaiy oi compulsoiy, but such
appointments shall be effective only until uisappioval by the Commission
on Appointments oi until the next aujouinment of the Congiess.

*ueals with iegulai piesiuential appointments. With oi without
confiimation of the CA, anu with iecess oi au inteiim appointments.


ZV\ #`:6517N: 6>:?:067:;

(21/ H%%< .:6/ PQ/
Except in cases of impeachment, oi as otheiwise pioviueu in this
Constitution, the Piesiuent may giant iepiieves, commutations, anu
paiuons, anu iemit fines anu foifeituies, aftei conviction by final
juugment.

Be shall also have the powei to giant amnesty with the concuiience of a
majoiity of all the Nembeis of the Congiess.

(21/ %g< +< .:6/ S/
No paiuon, amnesty, paiole oi suspension of sentence foi violation of
election laws, iules, anu iegulations shall be gianteu by the Piesiuent
without the favoiable iecommenuation by the Commission (on
Elections.)

*The Piesiuent may giant (i)iepiieves, (ii) commutations, anu (iii)
paiuons, anu (iv) iemit fines anu foifeituies, aftei conviction by final
juugment, except :
(a) In cases of impeachment, anu
(b) As otheiwise pioviueu in this Constitution

":M27:N: T a tempoiaiy ielief fiom oi postponement of execution of
ciiminal penalty oi sentence oi a stay of execution. (Black)
It is the withholuing of a sentence foi an inteival of time, a postponement
of execution, a tempoiaiy suspension of execution. (People vs. veia)

+3??51=1730 - ieuuction of sentence. (Black) It is a iemission of a pait
of the punishment; a substitution of a less penalty foi the one oiiginally
imposeu. (People vs. veia)

(?0:;1L - a soveieign act of oblivion foi past acts, gianteu by
goveinment geneially to a class of peisons who have been guilty usually
of political offenses anu who aie subject to tiial but have not yet been
convicteu, anu often conuitioneu upon theii ietuin to obeuience anu uuty
within a piesciibeu time. (Black; Biown v Walkei, 161 0S 6u2).

!23U=1730 - a uisposition unuei which a uefenuant aftei conviction anu
sentence is ieleaseu subject to conuitions imposeu by the couit anu to the
supeivision of a piobation officei. |Sec. S (a), PB 968.j

!=23>: - is the suspension of the sentence of a convict gianteu by a Paiole
Boaiu aftei seiving the minimum teim of the inueteiminate sentence
penalty, without gianting a paiuon, piesciibing the teims upon which the
sentence shall be suspenueu.

!=2430 - peimanent cancellation of sentence. (Black) It is an act of giace
pioceeuing fiom the powei entiusteu with the execution of the laws,
which exempts the inuiviuual on whom it is bestoweu, fiom the
punishment the law inflicts foi the ciime he has committeu. It is a
iemission of guilt, a foigiveness of the offense. (People v veia)

Paiuon may be plenaiy oi paitial. A plenaiy paiuon extinguishes all the
penalties imposeu upon the offenuei, incluuing accessoiy uisabilities,
wheieas paitial paiuon uoes not.

Paiuon may be absolute oi conuitional. Wheie the paiuon is conuitional,
the offenuei has the iight to ieject the same since he may feel that the
conuition imposeu is moie oneious than the penalty sought to be
iemitteu. But in the case of an absolute paiuon, the paiuonee has no
option at all anu must accept it whethei he likes it oi not. In this sense, an
absolute paiuon is similai to commutation, wc is also not subject to
acceptance by the offenuei.

#AA:61; 3A !=2430

+27;13U=> N $=U2=432

Theie aie 2 limitations upon the exeicise of the constitutional
pieiogative of the Pies. to giant paiuon: (1) that the powei be exeiciseu
aftei conviction; (2) that such powei uoes not extenu to cases of
impeachment. xxx An absolute paiuon not only blots out the ciime
committeu but it also iemoves all uisabilities iesulting fiom conviction.
In the piesent case, the uisability is the iesult of conviction wo wc theie
woulu be no basis foi the uisqualification fiom voting. The
paiuon extenueu is conuitional in the sense that "he will be eligible foi
appointment only to positions wc aie cleiical oi manual in natuie
involving no money oi piop. iesp., " it is absolute insofai as it "iestoies
the iesp. to full civil anu political iights."

!:>3U:>>3 N/ !=>=1703

Absolute paiuon has the effect of iemoving the uisqualification fiom
voting anu being electeu inciuent to ciiminal conviction unuei Sec 94(a)
of the Election Coue.

The Chief Executive, aftei inquiiy into the enviionmental facts, shoulu be
at libeity to atone the iigiuity of the law to the extent of ielieving
completely the paity oi paities conceineu fiom the accessoiy anu
iesultant uisabilities of ciiminal conviction.

&30;=013 N; F=6132=0

Paiuon implies guilt anu uoes not eiase the fact of the commission of the
ciime anu the conviction theieof. It uoes not ipso facto iestoie a
convicteu felon to a public office necessaiily ielinquisheu oi foifeiteu by
ieason of the conviction although

*Notes: "Paiuon gianteu aftei conviction fiees the inuiviuual fiom all the
penalties anu legal uisabilities anu iestoies him to all his civil iights. But
unless expiessly giounueu on the peison's innocence (wc is iaie), it
cannot biing back lost ieputation foi honesty, integiity anu faii uealing.
This must be constantly kept in minu lest we lose tiack of the tiue
chaiactei anu puipose of the piivilege. xxx"

C3:; M=243070[ M3@:2 =MM>L 13 =4?707;12=17N: 6=;:;i

$>=?=; N #`:6517N: .:62:1=2L

The Const. uoes not uistinguish between which cases executive clemency
may be exeiciseu by the Pies., with the sole exclusion of impeachment
cases.

If the Piesiuent can giant iepiieves, commutations anu paiuons, anu
iemit fines anu foifeituies in ciiminal cases, with much moie ieason can
she giant executive clemency in auministiative cases, which aie cleaily
less seiious than ciiminal offenses. Bowevei, the powei of the Piesiuent
to giant executive clemency in auministiative cases iefeis only to
auministiative cases in the Executive bianch anu not in the }uuicial oi
Legislative bianches of the govt.

0nuei the uoctiine of Qualifieu Political Agency, the uiffeient Executive



28
uepaitments aie meie aujuncts of the Piesiuent. Theii acts aie
piesumptively the acts of the Piesiuent until counteimanueu oi
iepiobateu by hei. In this case, the Piesiuent in the exeicise of hei powei
of supeivision anu contiol ovei all executive uepaitments, may substitute
hei uecision foi that of hei suboiuinate. It is cleaily within the powei of
the Piesiuent not only to giant "executive clemency" but also to ieveise
oi mouify a iuling issueu by a suboiuinate against an eiiing public
official, wheie a ieconsiueiation of the facts allegeu woulu suppoit the
same. It is in this sense that the allegeu executive clemency was gianteu.

.:6/ SR< +9=M1:2 V< .5U171>: (< -71>: %< B33b H< (4?707;12=17N: +34: 3A
PQWV

Removal of Auministiative Penalties oi Bisabilities.-- In meiitoiious
cases anu upon iecommenuation of the (Civil Seivice) Commission, the
Piesiuent may commute oi iemove auministiative penalties oi
uisabilities imposeu upon officeis oi employees in uisciplinaiy cases,
subject to such teims anu conuitions as he may impose in the inteiest of
the seivice

^93 ?=L =N=7> 3A =?0:;1Li

-3>:01703 N; +=13L

Petitionei was a Bukbalahap who was founu guilty of illegal assembly.
Aftei the juugment was piomulgateu, the Piesiuent issueu Pioc. No. 76
gianting amnesty to leaueis anu membeis of the Bukbalahap. Petitionei
who was alieauy seiving his sentence, sent a petition to the Piesiuent foi
his ielease unuei the piovisions of the pioclamation. No action was taken
on his petition. Be then went to couit anu fileu an application foi a wiit
of habeas coipus.

Amnesty Pioclamation No. 76 applies even to Bukbalahaps alieauy
unueigoing sentence upon the uate of its piomulgation. The majoiity of
the Couit believe that by its context anu peivauing spiiit the
pioclamation extenus to all membeis of the Bukbalahap. It makes no
exception when it announces that the amnesty is pioclaimeu in favoi of
the leaueis anu membeis of the associations known as the Bukbalahap
anu Pambansang Kaisahan ng Nagbubukiu (PKN).

&=6=[=T=0 N; !:3M>:

Petitioneis weie chaigeu anu convicteu of estafa thiough falsification of
public anu commeicial uocuments by the Sanuiganbayan. They claimeu
that they hau been gianteu amnesty by Piesiuent Naicos. The
Sanuiganbayan claimeu that the benefits of amnesty weie nevei available
to petitioneis unuei PB 1182. The SC agieeu with the Sanuiganbayan
that in fact the petitioneis weie expiessly uisqualifieu fiom amnesty. The
acts foi which they weie convicteu weie oiuinaiy ciimes without any
political complexion anu consisting only of uiveision of public funus to
piivate piofit. The amnesty pioclamation coveieu only acts in the
fuitheiance of iesistance to uuly constituteu authoiities of the Republic
anu applies only to membeis of the NNLF, oi othei anti-gov't gioups.


ZW\ !3@:2; =; 63??=04:2T70T697:A

(21/ H%%< .:6/ PW/
The Piesiuent shall be the Commanuei-in- Chief of all aimeu foices of the
Philippines, anu whenevei it becomes necessaiy, he may call out such
aimeu foices to pievent oi suppiess lawless violence, invasion oi
iebellion. In case of invasion oi iebellion, when the public safety iequiies
it, he may, foi a peiiou not exceeuing sixty uays, suspenu the piivilege of
the wiit of habeas coipus oi place the Philippines oi any pait theieof
unuei maitial law. Within foity-eight houis fiom the pioclamation of
maitial law oi the suspension of the piivilege of the wiit of habeas
coipus, the Piesiuent shall submit a iepoit in peison oi in wiiting to the
Congiess. The Congiess, voting jointly, by a vote of at least a majoiity of
all its Nembeis in iegulai oi special session, may ievoke such
pioclamation oi suspension, which ievocation shall not be set asiue by
the Piesiuent. 0pon the initiative of the Piesiuent, the Congiess may, in
the same mannei, extenu such pioclamation oi suspension foi a peiiou to
be ueteimineu by the Congiess, if the invasion oi iebellion shall peisist
anu public safety iequiies it.

The Congiess, if not in session, shall within twenty-foui houis following
such pioclamation oi suspension, convene in accoiuance with its iules
without neeu of a call.

The Supieme Couit may ieview, in an appiopiiate pioceeuing fileu by
any citizen, the sufficiency of the factual basis of the pioclamation of
maitial law oi the suspension of the piivilege of the wiit oi the extension
theieof, anu must piomulgate its uecision theieon within thiity uays fiom
its filing.

A state of maitial law uoes not suspenu the opeiation of the Constitution,
noi supplant the functioning of the civil couits oi legislative assemblies,
noi authoiize the confeiment of juiisuiction on militaiy couits anu
agencies ovei civilians wheie civil couits aie able to function, noi
automatically suspenu the piivilege of the wiit.

The suspension of the piivilege shall apply only to peisons juuicially
chaigeu foi iebellion oi offenses inheient in oi uiiectly connecteu with
invasion.

Buiing the suspension of the piivilege of the wiit, any peison thus
aiiesteu oi uetaineu shall be juuicially chaigeu within thiee uays,
otheiwise he shall be ieleaseu.

(21/ %%%< .:6/ PR/
All peisons, except those chaigeu with offenses punishable by ieclusion
peipetua when the eviuence of guilu is stiong, shall, befoie conviction, be
bailable by sufficient suieties, oi be ieleaseu on iecognizance as may be
pioviueu by law. The iight to bail shall not be impaiieu even when the
piivilege of the wiit of habeas coipus is suspenueu. Excessive bail shall
not be iequiieu.

(21/ H%%%< .:6/ P/
xxx }uuicial powei incluues the uuty of the couits of justice to settle actual
contioveisies involving iights which aie legally uemanuable anu
enfoiceable, anu to ueteimine whethei oi not theie has been a giave
abuse of uiscietion amounting to lack oi excess of juiisuiction on the pait
of any bianch oi instiumentality of the uoveinment.

Poweis as Commanuei-in-Chief:
a. Be may call out such aimeu foices to pievent oi suppiess lawless
violence, invasion oi iebellion.
b. Be may suspenu the piivilege of the wiit of habeas coipus, oi
c. Be may pioclaim maitial law ovei the entiie Philippines oi any pait
theieof.

Subject to:
(21/ H%%%< .:6/ P M=2/ X/
}uuicial powei incluues the uuty of the couits of justice to settle actual
contioveisies involving iights which aie legally uemanuable anu
enfoiceable, anu to ueteimine whethei oi not theie has been a giave
abuse of uiscietion amounting to lack oi excess of juiisuiction on the pait
of any bianch oi instiumentality of the uovt.

=/ +=>> 351 19: (F! 13 M2:N:01 >=@>:;; N73>:06: - This is meiely a police
measuie meant to quell uisoiuei. As such, the Constitution uoes not
iegulate its exeicise iauically

U/ .5;M:04 19: M27N7>:[: 3A 19: @271 3A 9=U:=; 632M5; - A "wiit of
habeas coipus" is an oiuei fiom the couit commanuing a uetaining officei
to infoim the couit
(i) if he has the peison in custouy, anu
(ii) what his basis in uetaining that peison.

The "piivilege of the wiit" is that poition of the wiit iequiiing the
uetaining officei to show cause why he shoulu not be testeu. Note that it
is the piivilege that is suspenueu, not the wiit itself.

Requisites:
1) Theie must be an invasion oi iebellion, anu
2) The public safety iequiies the suspension.

Effects of the suspension of the piivilege:

1) The suspension of the piivilege of the wiit applies only to peisons
"juuicially chaigeu" foi iebellion oi offenses inheient in oi uiiectly
connecteu with invasion (Ait. vII, Sec. 18, pai. S). Such peisons suspecteu



29
of the above ciimes can be aiiesteu anu uetaineu without a waiiant of
aiiest.

"}uuicially chaigeu" as useu in the Constitution is impiecise. Foi if one
weie alieauy juuicially chaigeu, his uetention woulu be legal anu so he
coulu no longei petition foi habeas coipus. Babeas coipus piecisely
contemplates a situation in which a peison is being uetaineu without
being chaigeu in couit. Thus, the piovision shoulu ieau "one who is
suspecteu of complicity in" the two ciimes above.

As a geneial iule, no peison coulu be aiiesteu without a waiiant of aiiest
(valiuly issueu upon piobable cause to be ueteimineu peisonally by the
juuge aftei examination unuei oath oi affiimation of the complainant anu
the witnesses, (cf. Ait. III, Sec. 2), unless
(i) the aiiest was maue in connection with a ciime committeu in the
piesence of the uetaining officei, oi
(ii) the piivilege of the wiit was suspenueu. If the public officei aiiests
him without a waiiant, the officei becomes liable foi "aibitiaiy
uetention" unuei Ait. 124 of the RPC, anu a petition foi habeas coipus can
be fileu to seek his ielease.

The suspension of the piivilege uoes not make the aiiest without waiiant
legal. But the militaiy is, in effect, enableu to make the aiiest, anyway
since, with the suspension of the piivilege, theie is no iemeuy available
against such unlawful aiiest (aibitiaiy uetention). The aiiest without
waiiant is justifieu by the emeigency situation anu the uifficulty in
applying foi a waiiant consiueiing the time anu the numbei of peisons to
be aiiesteu. But the ciime foi which he is aiiesteu must be one ielateu to
iebellion oi the invasion. As to othei ciimes, the suspension of the
piivilege uoes not apply.

2) Buiing the suspension of the piivilege of the wiit, any peison thus
aiiesteu oi uetaineu shall be juuicially chaigeu within S uays, oi
otheiwise he shall be ieleaseu. (Ait. vII, Sec. 18, pai. 6).

In othei woius, the public officei can uetain a peison without waiiant of
aiiest, but he can only uo so foi 72 houis. Befoie the lapse of 72 houis,
an infoimation must have been fileu in the piopei couit chaiging him of
the offense foi which he was aiiesteu. 0nuei the Rules of Ciiminal
Pioceuuie, if the uetainee wants a pieliminaiy investigation to be fiist
conuucteu by the fiscal, he must sign a waivei of the effects of Ait. 12S.
(uelay in the ueliveiy of uetaineu peisons)

The effect of the suspension of the piivilege, theiefoie, is only to extenu
the peiious uuiing which he can be uetaineu without a waiiant. 0nuei
Ait. 12S, as amenueu by E0 272, the public officei can only uetain him foi
12, 18 oi S6 houis uepenuing on the giavity of the offense of which he is
chaigeu; within this time, he must be juuicially chaigeu, otheiwise, he
must be ieleaseu. When the piivilege is suspenueu, the peiiou is
extenueu to 72 houis.

What happens if he is not juuicially chaigeu noi ieleaseu aftei 72 houis.
The public officei becomes liable unuei Ait. 12S foi "uelay in the ueliveiy
of uetaineu peisons." As to the uetainee, it is submitteu that he oi
someone else in his behalf can file a petition foi habeas coipus. Foi even
if the suspension has a lifetime of 6u uays in geneial, as to that peison,
the suspension only has an effectivity of 72 houis, so that aftei this time,
the suspension is lifteu as to him.

S) The iight to bail shall not be impaiieu even when the piivilege of the
wiit of habeas coipus is suspenueu. (Ait. III, Sec. 1S)

(21/ %%%< .:6/ PR/
xxx The iight to bail shall not be impaiieu even when the piivilege of the
wiit of BC is suspenueu. Excessive bail shall not be iequiieu.

6/ !236>=7? &=217=> $=@

Requisites:
1) Theie must be an invasion oi iebellion, anu
2) Public safety iequiies the pioclamation of maitial law all ovei the
Philippines oi any pait theieof.

Effects of the pioclamation of maitial law:

The Piesiuent can:
1) Legislate
2) 0iuei the aiiest of people who obstiuct the wai effoit.

But the following cannot be uone (Ait. vII, Sec. 18, pai. 4)
a. Suspenu the opeiation of the Constitution.
b. Supplant the functioning of the civil couits anu the legislative
assemblies.

The piinciple is that maitial law is pioclaimeu only because the couits
anu othei civil institutions like Congiess have been shut uown. It shoulu
not happen that maitial law is ueclaieu in oiuei to shut uown the civil
institutions.

c. Confei juiisuiction upon militaiy couits anu agencies ovei civilians,
wheie civil couits aie able to function.

This is the "open couit" uoctiine which holus that civilians cannot be
tiieu by militaiy couits if the civil couits aie open anu functioning. But if
the civil couits aie not functioning, then civilians can be tiieu by the
militaiy couits. Naitial laws usually contemplates a case wheie the
couits aie alieauy closeu anu the civil institutions have alieauy ciumbleu,
that is a "theatei of wai." If the couits aie still open, the Piesiuent can
just suspenu the piivilege anu achieve the same effect.

u. Automatically suspenu the piivilege of the wiit of habeas coipus.


0nuei the piesent iule, the Piesiuent can still suspenu the piivilege even
as he pioclaim maitial law, but he must so suspenu expiessly.

-9: "3>: 3A +30[2:;;
a. When the Piesiuent pioclaims maitial law oi suspenus the piivilege of
the wiit, such pioclamation oi suspension shall be effective foi a peiiou
of 6u uays, unless soonei ievokeu by the Congiess.

b. 0pon such pioclamation oi suspension, Congiess shall convene at once.
If it is not in session, it shall convene in accoiuance with its iules without
neeu of a call within 24 houis following the pioclamation oi suspension.

c. Within 48 houis fiom the pioclamation oi the suspension, the
Piesiuent shall submit a iepoit, in peison oi in wiiting, to the Congiess
(meeting in joint session of the action he has taken).

u. The Congiess shall then vote jointly, by an absolute majoiity. It has
two options:

(i) To ievoke such pioclamation oi suspension.
When it so ievokes, the Piesiuent cannot set asiue (oi veto) the
ievocation as he noimally woulu uo in the case of bills. If Congiess uoes
not uo anything, the measuie will expiie anyway in 6u uays. So the
ievocation must be maue befoie the lapse of 6u uays fiom the uate the
measuie was taken.

(ii) To extenu it beyonu the 6u-uay peiiou of its valiuity.


Congiess can only so extenu the pioclamation oi suspension upon the
initiative of the Piesiuent. The peiiou neeu not be 6u uays; it coulu be
moie, as Congiess woulu ueteimine, baseu on the peisistence of the
emeigency. If Congiess fails to act befoie the measuie expiies, it can no
longei extenu it until the Piesiuent again ieueclaies the measuie, foi how
uo one extenu something that has alieauy lapseu.

Note that Congiess cannot "valiuate" the pioclamation oi suspension,
because it is alieauy valiu. It is thus iestiicteu to the 2 measuies above. If
Congiess extenus the measuie, but befoie the peiiou of extension lapses,
the iequiiements foi the pioclamation oi suspension no longei exist,
Congiess can lift the extension, since the powei to confei implies the
powei to take back. If Congiess uoes not ieview oi lift the oiuei, this can
be ievieweu by the Supieme Couit puisuant to the next section.

-9: "3>: 3A 19: .5M2:?: +3521
The Supieme Couit may ieview, in an appiopiiate pioceeuing filleu by
any citizen, the sufficiency of the factual basis of
(a) the pioclamation of maitial law oi the suspension of the piivilege of
the wiit, oi



30
(b) the extension theieof. It must piomulgate its uecision theieon within
Su uays fiom its filing. ((21/ H%%< .:6/ PW M=2/ R)

This is because juuicial powei incluues the uuty to ueteimine whethei oi
not theie has been a giave abuse of uiscietion amounting to lack oi
excess of juiisuiction on the pait of any bianch oi instiumentality of the
uoveinment. ((21/ H%%%< .:6/ P< M=2/ X)

The juiisuiction of the SC may be invokeu in a piopei case. A petition foi
habeas coipus is one such case. When a peison is aiiesteu without a
waiiant foi complicity in the iebellion oi invasion, he oi someone else in
his behalf has the stanuing to question the valiuity of the pioclamation oi
suspension. But befoie the SC can ueciue on the legality of his uetention,
it must fiist pass upon the valiuity of the pioclamation oi suspension.

The test to be useu by the Supieme Couit in so ieviewing the act of the
Piesiuent in pioclaiming oi suspenuing, oi the act of Congiess in
extenuing, is the test of aibitiaiiness which seeks to ueteimine the
sufficiency of the factual basis of the measuie. The question is not
whethei the Piesiuent oi Congiess acteu coiiectly, but whethei he acteu
aibitiaiily in that the action hau no basis in fact. Beciuing on whethei the
act was aibitiaiy amounts to a ueteimination of whethei oi not theie was
giave abuse of uiscietion amounting to lack oi excess of juiisuiction,
which is now maue pait of juuicial powei by Ait. vIII, Sec. 1, pai. 2. This
cuibs iauically the application of the political question uoctiine.

$=0;=0[ N O=267=,
The issue theie iaiseu was whethei in suspenuing the piivilege of the
wiit in 1971, Naicos hau a basis foi uoing so. The SC, in consiueiing the
fact that the Piesiuent baseu his uecision on (a) the Senate iepoit on the
conuition in Cential Luzon anu (b) a closeu uooi biiefing by the militaiy
showing the extent of subveision, concluueu that the Piesiuent uiu not
act aibitiaiily. 0ne may uisagiee with his appieciation of the facts, but
one cannot say that it is without basis.

2 conuitions must concui foi the valiu exeicise of authoiity to suspenu
the piivilege: (a) theie must be an actual invasion, insuiiection, iebellion
oi imminent uangei anu (b) public safety must iequiie the suspension of
the piivilege. This holuing of the SC is now founu in Ait. vII, Sec. 18, pai.
S.j The function of the couit is to check anu not supplant the executive oi
to asceitain meiely whethei he has gone beyonu the constitutional limits
of juiisuiction. The piopei stanuaiu is not coiiectness but aibitiaiiness.

Theie aie 4 ways, then, foi the pioclamation oi suspension to be lifteu:
1) Lifting by the Piesiuent himself
2) Revocation by Congiess
S) Nullification by the Supieme Couit
4) 0peiation of law aftei 6u uays

&7>71=2L -27=> 3A +7N7>7=0; H374 #N:0 G04:2 &=217=> $=@< %A +7N7>
+3521; (2: ,M:0/ Z(21/ H%%< .:6/ PW< M=2/ S/\/

,>=[5:2 N; &7>71=2L +3??7;;730 '3/ Ra

The (_5703 N;/ &7>71=2L +3??7;;730 '3/ X uecision was ieveiseu. (In
that case, the SC uphelu the powei of the Piesiuent to cieate militaiy
tiibunals authoiizeu to tiy not only militaiy peisonnel but civilians even
if civil couits weie open). Accoiuing to the SC, civilians who aie placeu on
tiial foi civil offenses unuei geneial law aie entitleu to tiial by juuicial
piocess. Since we aie not enemy-occupieu teiiitoiy noi aie we unuei a
militaiy govt. anu even on the piemise that maitial law continues in foice,
the militaiy tiibunals cannot tiy anu exeicise juiisuiction ovei civilians
foi civil offenses committeu by them which aie piopeily cognizable by
the civil couits that have iemaineu open anu have been iegulaily
functioning. The asseition of militaiy authoiity ovei civilians cannot iest
on the Piesiuent's powei as Commanuei in Chief oi on any theoiy of
maitial law. As long as civil couits iemain open anu aie iegulaily
functioning, militaiy tiibunals cannot tiy anu exeicise juiisuiction ovei
civilians foi offenses committeu by them anu which aie piopeily
cognizable by civil couits. To holu otheiwise is a violation of the iight to
uue piocess.

ZQ\ #?:2[:06L M3@:2;

(21/ H%< .:6/ XR/
"xxx (2) In times of wai oi othei national emeigency, the Congiess, may,
by law, authoiize the Piesiuent, foi a limiteu peiiou, anu subject to such
iestiictions as it may piesciibe, to exeicise poweis necessaiy anu piopei
to caiiy out a ueclaieu national policy. 0nless soonei withuiawn by
iesolution of the Congiess, such poweis shall cease upon the next
aujouinment theieof."

This giant of emeigency powei to the Piesiuent is uiffeient fiom the
Commanuei-in-Chief clause. When the Piesiuent acts unuei the
Commanuei-in-Chief clause, he acts unuei a constitutional giant of
militaiy powei, which may incluue the law-making powei. But when the
Piesiuent acts unuei the emeigency powei, he acts unuei a Congiessional
uelegation of law-making powei.

The scope of the giant is such "poweis necessaiy anu piopei to caiiy out
a ueclaieu national policy." 0nuei the 19SS Constitution, this was
constiueu the powei to issue iules anu iegulations to caiiy out the
ueclaieu policy. The 1987 Constitution, it is submitteu, uoes not change
the scope. "Powei necessaiy anu piopei" shoulu mean legislative powei,
because Congiess is only alloweu to uelegate legislative powei, being its
only inheient powei. Its othei poweis aie only gianteu to it by the
Constitution, anu so it cannot uelegate what has only been uelegateu to it.

This powei is
(1) foi a limiteu peiiou, anu
(2) subject to such iestiictions as Congiess may pioviue.

The powei ceases
(a) upon being withuiawn by iesolution of the Congiess, oi, if Congiess
fails to auopt such iesolution,
(b) upon the next (voluntaiy) aujouinment of Congiess. Foi the fact that
Congiess is able to meet in session uninteiiupteuly anu aujouin of its
own will pioves that the emeigency no longei exists is to justify the
uelegation.

This iule oi the teimination of the giant of emeigency poweis is baseu on
ueciueu cases, which in tuin became (21/ H%%< .:6/ PS 3A 19: PQVR
+30;17151730/

(2=0:1= N C70[>=;=0,

The Congiess gianteu the Piesiuent ceitain emeigency poweis. (CA671)
Aftei the wai, Congiess helu a special session. The SC helu that the
emeigency powei lasteu only until Congiess helu its iegulai session. The
fact that Congiess coulu now meet meant that theie was no emeigency
anymoie that woulu justify the uelegation.The asseition that new
legislation is neeueu to iepeal CA671 is not in haimony with the Consti. If
a new law weie necessaiy to teiminate it, then it woulu be unlimiteu anu
inuefinite. This woulu cieate an anomaly since what was intenueu to
meet a tempoiaiy emeigency becomes a peimanent law.

"3427[5:I N O:>>=,
The specific powei to continue in foice laws anu appiopiiations which
woulu lapse oi otheiwise become inopeiative is a limitation on the
geneial powei to exeicise such othei poweis as the executive may ueem
necessaiy to enable the gov't to fulfill its iesponsibilities anu to maintain
anu enfoice its authoiity.

Bailongay: Notice the appaient inconsistency bet. the Constitution anu
the cases. The Consti. |Ait. vI, Sec. 2S (2)j states that the emeigency
poweis shall cease upon the next aujouinment of Congiess unless soonei
withuiawn by iesolution of Congiess wheieas the cases tell us that the
emeigency poweis shall cease upon iesumption of session. To ieconcile
the two, I believe that it woulu not be enough foi Congiess to just iesume
session in oiuei that the emeigency poweis shall cease. It has to pass a
iesolution withuiawing such emeigency poweis, otheiwise such poweis
shall cease upon the next aujouinment of Congiess.

ZPk\ +3012=6170[ =04 [5=2=01::70[ A32:7[0 >3=0;

(21/ H%%< .:6/ Xk/
The Piesiuent may contiact oi guaiantee foieign loans on behalf of the
Republic of the Philippines with the piioi concuiience of the Nonetaiy
Boaiu, anu subject to such limitations as may be pioviueu by law. The
Nonetaiy Boaiu shall, within thiity uays fiom the enu of eveiy quaitei of
the calenuai yeai, submit to Congiess a complete iepoit of its uecisions
on applications foi loans to be contiacteu oi guaianteeu by the



31
uoveinment, oi goveinment-owneu oi contiolleu coipoiations, which
woulu have the effect of incieasing the foieign uebt, anu containing othei
matteis pioviueu by law.

(21/ g%%< .:6/ XP.
Foieign loans may only be incuiieu in accoiuance with law anu the
iegulation of the monetaiy authoiity. Infoimation on foieign loans
obtaineu oi guaianteeu by the uoveinment shall be maue available to the
public.

+A ":M5U>76 (61 aWYk ZAn Act Authoiizing The Piesiuent 0f The
Philippines To 0btain Such Foieign Loans Anu Cieuits, 0i To Incui Such
Foieign Inuebteuness, As Nay Be Necessaiy To Finance Appioveu
Economic Bevelopment Puiposes 0i Piojects, Anu To uuaiantee, In
Behalf 0f The Republic 0f The Philippines, Foieign Loans 0btaineu 0i
Bonus Issueu By Coipoiations 0wneu 0i Contiolleu By The uoveinment
0f The Philippines Foi Economic Bevelopment Puiposes Incluuing Those
Incuiieu Foi Puiposes 0f Re-Lenuing To The Piivate Sectoi,
Appiopiiating The Necessaiy Funus Theiefoie, Anu Foi 0thei Puiposes.)
Appioveu, Septembei 8, 1966.

C3:; +30[2:;; 9=N: 13 U: 630;5>1:4 UL 19: !2:;74:01 @9:0 9:
63012=61; 32 [5=2=01::; A32:7[0 >3=0; 19=1 7062:=;: 19: A32:7[0 4:U1
3A 19: 635012Li

The negative, anu stiongei view, is that the Piesiuent uoes not neeu piioi
appioval by Congiess because the Constitution places the powei to check
the Piesiuent's powei on the Nonetaiy Boaiu anu not on Congiess.
Congiess may, of couise, pioviue guiuelines foi contiacting oi
guaianteeing foieign loans, anu have these iules enfoiceu thiough the
Nonetaiy Boaiu. But that Congiess has piioi appioval is a totally
uiffeient issue. At any iate, the piesent powei, which was fiist
intiouuceu in the 197S Constitution, was baseu on RA 486u oi the
Foieign Loan Act. What useu to be a statutoiy giant of powei is now a
constitutional giant which Congiess cannot take away, but only iegulate.

ZPP\ !3@:2; 3N:2 A32:7[0 =AA=72;

Z=\ -2:=1LT?=b70[ M3@:2

(21/ H%%< .:6/ XP/
No tieaty oi inteinational agieement shall be valiu anu effective unless
concuiieu in by at least two-thiius of all the membeis of the Senate.
*By ieason of the Piesiuent's unique position as heau of state,
he is the logical choice as the nation's spokesman in foieign ielations.
The Senate, on the othei hanu, is gianteu the iight to shaie in the tieaty-
making powei of the Piesiuent by concuiiing with him with the iight to
amenu.

-2:=1L 47;170[57;9:4 A23? :`:6517N: =[2::?:01;

Executive agieements enteieu into by the Piesiuent neeu no concuiience.
The ieason is that although executive agieements aie a kinu of
inteinational agieements, when the Constitution intenus to incluue
executive agieements, it says so specifically, as in Ait. vIII, Sec. S, pai. 2,
when it speaks of the powei of the SC to ieview final juugments of lowei
couits in cases in which the constitutionality oi valiuity of any tieaty,
inteinational oi executive agieement, is in question.

+3??7;;730:2 3A +5;13?; N;/ #=;1:20 .:= -2=470[

Inteinational agieements involving political issues oi changes in national
policy anu those involving inteinational agieements of peimanent
chaiactei usually take the foim of TREATIES. But the inteinational
agieements involving aujustments in uetail caiiying out well-establisheu
national policies anu tiauitions anu those involving a moie oi less
tempoiaiy chaiactei usually take the foim of EXEC0TIvE AuREENENTS.

G.(FF# H:1:2=0; (;;0/ N; -2:=;52:2

The cential issue in this case conceins the valiuity of the Romulo-Snyuei
Agieement (19Su) wheieby the Phil. uovt. unueitook to ietuin to the 0S
uovt. in ten annual installments, a total of $SS N uollais auvanceu by the
0S to, but unexpenueu by, the National Befense Foices of the Philippines.

The Sc helu that the funus involveu have been consistently iegaiueu as
funus auvanceu anu to be subsequently accounteu foi. Such aiiangement
theiefoie incluues the obligation to ietuin the unexpenueu amounts. In
this case, Pies. Quiiino appioveu the negotiations. Be hau powei to
contiact loans unuei RA 21S amenuing RA 16. As to the contention that
the agieement lacks iatification by the Senate, it was helu that the yeaily
appiopiiations by Congiess of funus as compliance with the agieement
constituteu iatification. But even if theie was no iatification, the
agieement woulu still be valiu. The agieement is not a "tieaty" as the
teim is useu in the Constitution. The agieement was nevei submitteu to
the Senate foi concuiience. It must be noteu that a tieaty is not the only
foim that an inteinational agieement may assume. Foi the giant of tieaty
making powei to the Executive anu the Senate uoes not exhaust the
powei of the govt. ovei inteinational ielations.

Consequently, executive agieements may be enteieu into with othei
states anu aie effective even without the concuiience of the Senate. Fiom
the point of view of inteinational law, theie is no uiffeience between
tieaties anu executive agieements in theii binuing effect upon states
conceineu as long as the negotiating functionaiies have iemaineu within
theii poweis. The uistinction between an executive agieement anu a
tieaty is puiely a constitutional one anu has no inteinational legal
significance.

Natuie of Executive Agieements :

Theie aie 2 classes :
(1) agieements maue puiely as executive acts affecting exteinal ielations
anu inuepenuent of oi without legislative authoiization, which may be
teimeu as piesiuential agieements, anu
(2) agieements enteieu into in puisuance of acts of Congiess, oi
Congiessional-Executive Agieements.

The Romulo-Snyuei Agieement may fall unuei any of these two classes,
foi piecisely on Sept. 18, 1946, Congiess specifically authoiizeu the
Piesiuent to obtain such inuebteuness w the uovt of the 0S, its agencies
oi instiumentalities. Even assuming, aiguenuo, that theie was no
legislative authoiization, it is heieby maintaineu that the Romulo-Snyuei
Agieement was legally anu valiuly enteieu into to confoim to the seconu
categoiy. This 2nu categoiy usually incluues money agieements ielating
to the settlement of pecuniaiy claims of citizens.

B=L=0 N; #`:6517N: .:62:1=2L

The issue in this case is the constitutionality of the vFA. The SCB helu that
once the Senate peifoims the powei to concui with tieaties oi exeicise
its pieiogative within the bounuaiies piesciibeu by the Constitution, the
concuiience cannot be vieweu as an abuse of powei, much less a giave
abuse of uiscietion. The Pies, in iatifying the vFA anu submitting the
same foi concuiience of the Senate, acteu within the confines anu limits
of the powei vesteu in him by the Constitution. The Pies meiely
peifoimeu a constitutional task anu exeiciseu a pieiogative that chiefly
peitains to the functions of his office.

ZU\ C:M321=1730 3A 504:;72=U>: =>7:0;

D5= +9:: O=0 N C:M321=1730 B3=24

1. The Pies may uepoit only accoiuing to giounus enumeiateu by law
since it woulu be unieasonable anu unuemociatic to holu that an alien be
uepoiteu upon an unstateu oi unuefineu giounu uepenuing meiely on the
use of an unlimiteu uiscietion by the Pies.

2. 2 ways of uepoiting an unuesiiable alien: (a) by oiuei of the Pies aftei
uue investigation anu (b) by the Commissionei of Immigiation

S. The Pies can uelegate the powei of investigation not to oiuei the
aiiest of an alien.

4. The Bepoitation Boaiu may not oiuei the aiiest of the alien in this
case. If an implieu giant of powei, consiueiing that no expiess authoiity
was gianteu by law, woulu cuitail the iight of a peison then a uelegation
of the implieu powei must be iejecteu as inimical to the libeities of the
people.

O3 -:b N C:M321=1730 B3=24




32
1. The Bepoitation Boaiu can enteitain uepoitation baseu on
giounus not specifieu in Sec S7 of the Immigiation Law. The Boaiu has
juiisuiction to investigate uo Tek even if he hau not been convicteu yet.

2. The Piesiuent's powei to uepoit aliens anu to investigate them
subject to uepoitation aie pioviueu in the Reviseu Aumin Coue.

S. The State has inheient powei to uepoit unuesiiable aliens. This powei
is exeiciseu by the Pies. Theie is no legal noi constitutional piovision
uefining the powei to uepoit aliens because the intention of the law is to
giant the Chief Executive the full uiscietion to ueteimine whethei an
alien's iesiuence in the countiy is so unuesiiable as to affect the secuiity,
welfaie oi inteiest of the state. The Chief Executive is the sole anu
exclusive juuge of the existence of facts which woulu waiiant the
uepoitation of aliens.

ZPX\ !3@:2 3N:2 >:[7;>=1730

Z=\ &:;;=[: 13 +30[2:;;

(21/ H%%< .:6/ XR/
The Piesiuent shall auuiess the Congiess at the opening of its iegulai
session. Be may also appeai befoie it at any othei time.
*Eveiy 4th Nonuay of }uly, the Piesiuent ueliveis the State of the Nation
Auuiess, which contains his pioposals foi legislation. Thiough this
speech, he can influence the couise of legislation that Congiess can take
uuiing the iegulai session.

ZU\ !2:M=2: =04 ;5U?71 19: U54[:1

(21/ H%%< .:6/ XX/
The Piesiuent shall submit to Congiess within thiity uays fiom the
opening of eveiy iegulai session, as the basis of the geneial
appiopiiations bill, a buuget of expenuituies anu souices of financing,
incluuing ieceipts fiom existing anu pioposeu ievenue measuies.
*The buuget is the plan inuicating the
(a) expenuituies of the goveinment,
(b) souices of financing, anu
(c) ieceipts fiom ievenue-iaising measuies.

This buuget is the uppei limit of the appiopiiations bill to be passeu by
Congiess. Thiough the buuget, theiefoie, the Piesiuent ieveals the
piioiities of the goveinment.
Z6\ H:13 M3@:2

(21/ H%< .:6/ XV
(1) Eveiy bill passeu by the Congiess shall, befoie it becomes a law, be
piesenteu to the Piesiuent. If he appioves the same, he shall sign it;
otheiwise, he shall veto it anu ietuin the same with his objection to the
Bouse wheie it oiiginateu, which shall entei the objections at laige in its
}ouinal anu pioceeu to ieconsiuei it. If, aftei such ieconsiueiation, two-
thiius of all the Nembeis of such Bouse shall agiee to pass the bill, it shall
be sent, togethei with the objections, to the othei Bouse by which it shall
likewise be ieconsiueieu, anu if appioveu by two-thiius of all the
Nembeis of that Bouse, it shall become a law. In such cases, the votes of
each Bouse shall be ueteimineu by yeas oi nays, anu the names of the
Nembeis voting foi oi against shall be enteieu in its }ouinal. The
Piesiuent shall communicate his veto of any bill to the Bouse wheie it
oiiginateu within thiity uays aftei the uate of ieceipt theieof, otheiwise,
it shall become a law as if he hau signeu it.

(2) The Piesiuent shall have the powei to veto any paiticulai item oi
items in an appiopiiation, ievenue, oi taiiff bill, but the veto shall not
affect the item oi items to which he uoes not object.

As a geneial iule, all bills must be appioveu by the Piesiuent befoie they
become law, except when
(i) the veto of the Piesiuent is oveiiiuuen by 2S vote, anu
(ii) the bill passeu is the special law to elect the Piesiuent anu vice-
Piesiuent.

This gives the Piesiuent an actual hanu in legislation. Bowevei, his
couise of action is only to appiove it oi veto it as a whole. (See
Legislative Powei of Congiess)

Z4\ #?:2[:06L !3@:2

(21/ H%< .:6/ XR/
xxx (2) In times of wai oi othei national emeigency, the Congiess, may,
by law, authoiize the Piesiuent, foi a limiteu peiiou, anu subject to such
iestiictions as it may piesciibe, to exeicise poweis necessaiy anu piopei
to caiiy out a ueclaieu national policy. 0nless soonei withuiawn by
iesolution of the Congiess, such poweis shall cease upon the next
aujouinment theieof.

Z:\ F7`70[ 3A 1=27AA 2=1:;

(21/ H%< .:6/ XW/
xxx The Congiess may, by law, authoiize the Piesiuent to fix within
specifieu limits, anu subject to such limitations anu iestiictions as it may
impose, taiiff iates, impoit anu expoit quotas, tonnage anu whaifage
uues, anu othei uuties oi imposts within the fiamewoik of the national
uevelopment piogiam of the uoveinment.

The ieason foi the uelegation is the highly technical natuie of
inteinational commeice, anu the neeu to constantly anu with ielative
ease auapt the iates to pievailing commeicial stanuaius.

ZPR\ %??5071L A23? ;571

+=27>>3 N;/ &=263;

The Piesiuent as such cannot be sueu,
enjoying as he uoes immunity fiom suit, but the valiuity of his acts can be
testeu by an action against the othei executive officials oi such
inuepenuent constitutional agencies as the Commission on Elections anu
the Commission on Auuit.

%0 ": B:2?54:I

The petition seeks claiification as to whom the Consti iefeis to as the
incumbent Pies anu vice Pies. Piescinuing fiom the petitionei's lack of
capacity to sue, it is elementaiy that this Couit assumes no juiisuiction
ovei petitions foi ueclaiatoiy ielief. Noie impoitantly, the petition
amounts in effect to a suit against the incumbent Pies. Aquino anu it is
equally elementaiy that incumbent Piesiuents aie immune fiom suit oi
fiom being biought to couit uuiing the peiiou of theii incumbency anu
tenuie.

Q: Boes the Piesiuent's immunity fiom suit extenu to his altei egos.
A: No.

.3>7N:0 N; &=b=;7=2o B:>12=0 N; &=b=;7=2

This is the libel case involving Beltian's allegations that Piesiuent Aquino
was hiuing unuei hei beu. 0ne of the issues was whethei the Piesiuent
may initiate ciiminal pioceeuings against the petitioneis thiough the
filing of a complaint-affiuavit. Beltian contenueu that if ciiminal
pioceeuings ensue by viitue of the Piesiuent's filing of hei complaint-
affiuavit, she may subsequently have to be a witness foi the piosecution,
biinging hei unuei the TC's juiisuiction. This woulu be an inuiiect way of
uefeating hei piivilege of immunity fiom suit, since by testifying on the
witness stanu, she woulu be exposing heiself to possible contempt of
couit oi peijuiy.

The SC helu that the piivilege of immunity fiom suit, peitains to the
Piesiuent by viitue of the office anu may be invokeu only by the holuei of
the office; not by any othei peison in the Piesiuent's behalf. Thus, an
accuseu in a ciiminal case wheie the Piesiuent is a complainant cannot
iaise the piesiuential piivilege as a uefense to pievent the case fiom
pioceeuing against the accuseu. Noieovei, theie is nothing in oui laws
that woulu pievent the Piesiuent fiom waiving the piivilege. The
Piesiuent may sheu the piotection affoiueu by the piivilege anu submit
to the couit's juiisuiction.

Q: Boes the Piesiuent's immunity fiom suit extenu even beyonu his
teim.
A: Yes. So long as the act was uone uuiing his teim.

B/ H%+# !"#.%C#'-

ZP\ D5=>7A76=1730;< :>:61730< 1:2? =04 3=19



33

(21/ H%%< .:6/ R/
Theie shall be a vice-Piesiuent who shall have the same qualifications
anu teim of office anu be electeu with anu in the same mannei as the
Piesiuent. Be may be iemoveu fiom office in the same mannei as the
Piesiuent.
The vice-Piesiuent may be appointeu as a Nembei of the Cabinet. Such
appointment iequiies no confiimation.

%4/< .:6/ a/
The Piesiuent anu the vice-Piesiuent shall be electeu by uiiect vote of the
people foi a teim of six yeais which shall begin at noon on the thiitieth
uay of }une next following the uay of the election anu shall enu at noon of
the same uate six yeais theieaftei. The Piesiuent shall not be eligible foi
any ieelection. No peison who has succeeueu as Piesiuent anu has
seiveu as such foi moie than foui yeais shall be qualifieu foi election to
the same office at any time.

No vice-Piesiuent shall seive foi moie than two successive teims.
voluntaiy ienunciation of the office foi any length of time shall not be
consiueieu as an inteiiuption in the continuity of the seivice foi the full
teim foi which he was electeu. 0nless otheiwise pioviueu by law, the
iegulai election foi Piesiuent anu vice-Piesiuent shall be helu on the
seconu Nonuay of Nay. The ietuins of eveiy election foi
Piesiuent anu vice- Piesiuent, uuly ceitifieu by the boaiu of canvasseis of
each piovinces oi city, shall be tiansmitteu to the Congiess, uiiecteu to
the Piesiuent of the Senate. 0pon ieceipt of the ceitificates of canvass,
the Piesiuent of the Senate shall, not latei than thiity uays aftei the uay of
election (wc is the 2nu Tuesuay of }une), open all the ceitificates in the
piesence of the Senate anu Bouse of Repiesentatives in joint public
session, anu the Congiess, upon ueteimination of the authenticity anu
uue execution theieof in the mannei pioviueu by law, canvass (i.e., tally
the ceitificates of canvass) the votes.

The peisons having the highest numbei of votes shall be pioclaimeu
electeu, but in case two oi moie shall have an equal anu highest numbei
of votes (tie), one of them shall foith with be chosen by the vote of a
majoiity of all the membeis of Congiess, voting sepaiately.

The Congiess shall piomulgate its iules foi the canvassing of the
ceitificates.

The Supieme Couit, sitting en banc, shall be the sole juuge of all contests
ielating to the election, ietuins, anu qualifications of the Piesiuent, oi
vice-Piesiuent, anu may piomulgate its iules foi the puipose.

%4/< .:6/ S/
Befoie they entei on the execution of theii office, the Piesiuent, the vice-
Piesiuent oi the Acting Piesiuent shall take the following oath oi
affiimation:
"I uo solemnly sweai (oi affiim) that I will faithfully anu conscientiously
fulfill my uuties as Piesiuent (oi vice-Piesiuent oi Acting Piesiuent) of
the Philippines, pieseive anu uefenu its Constitution, execute its laws, uo
justice to eveiy man, anu conseciate to myself to the seivice of the Nation.
So help me uou." (In case of affiimation, last sentence will be omitteu.)


ZX\ !27N7>:[: =04 ;=>=2L

(21/ H%%< .:6/ Y/
The Piesiuent shall have an official iesiuence. The salaiies of the
Piesiuent anu vice-Piesiuent shall be ueteimineu by law anu shall not be
uecieaseu uuiing theii tenuie. No inciease in saiu compensation shall
take effect until aftei the expiiation of the teim of the incumbent uuiing
which such incieaseu was appioveu. They shall not ieceiveu uuiing theii
tenuie any othei emolument fiom the uoveinment oi any othei souice.

(21/ gH%%%< .:6 PV/
xxx the vice-Piesiuent, xxx P24u,uuu


ZR\ !2397U71730;

(21/ H%%< .:6/ PR/
The Piesiuent, vice-Piesiuent, the Nembeis of the Cabinet, anu theii
ueputies oi assistants shall not, unless otheiwise pioviueu in this
Constitution, holu any othei office oi employment uuiing theii tenuie.
They shall not, uuiing saiu tenuie, uiiectly oi inuiiectly piactice any
othei piofession, paiticipate in any business, oi be financially inteiesteu
in any contiact with, oi in any fianchise, oi special piivilege gianteu by
the uoveinment oi any subuivision, agency oi instiumentality theieof,
incluuing goveinment-owneu oi contiolleu coipoiations oi theii
subsiuiaiies. They shall stiictly avoiu conflict of inteiest in the conuuct of
theii office.

The spouse anu ielatives by consanguinity oi affinity within the fouith
civil uegiee of the Piesiuent shall not uuiing his tenuie be appointeu as
Nembeis of the Constitutional Commissions, oi the 0ffice of the
0mbuusman, oi as Secietaiies, 0nueisecietaiies, chaiimen oi heaus of
buieaus oi offices, incluuing goveinment-owneu oi contiolleu
coipoiations anu theii subsiuiaiies.

(21/ H%%< .:6/ R/
Xxx The vice-Piesiuent may be appointeu as membei of the Cabinet.
Such appointment iequiies no confiimation.

Za\ .566:;;730

(21/ H%< .:6/ Q/
Whenevei theie is a vacancy in the 0ffice of the vice- Piesiuent uuiing
the teim foi which he was electeu, the Piesiuent shall nominate a vice-
Piesiuent fiom among the membeis of the Senate anu the Bouse of
Repiesentatives, who shall assume office upon confiimation by a majoiity
vote of all the membeis of both houses, voting sepaiately. *Note that
in case the vacancy occuis in both the offices of Piesiuent anu vice-
Piesiuent, theie is no Acting vice-Piesiuent spoken of. The ieason is that
the vice-Piesiuent uoes not have ieal functions when the Piesiuent is
aiounu. When a vacancy occuis in both offices, the vice-Piesiuent is
electeu in a special election. If the vacancy occuis only in the vice-
Piesiuency, the successoi is not electeu anymoie, but meiely chosen fiom
the Congiess.

ZS\ ":?3N=>

(21/ g%< .:6/ X.
The Piesiuent, the vice-Piesiuent, the Nembeis of the Supieme Couit, the
Nembeis of the Constitutional Commissions, anu the 0mbuusman may be
iemoveu fiom office, on impeachment foi, anu conviction of, culpable
violation of the Constitution, tieason, biibeiy, giaft anu coiiuption, othei
high ciimes, oi betiayal oi public tiust. All othei public officeis anu
employees may be iemoveu fiom office as pioviueu by law, but not by
impeachment.

%4/< .:6/ R/
(1) The Bouse of Repiesentatives shall have the exclusive powei to
initiate all cases of impeachment.
(2) A veiifieu complaint foi impeachment may be fileu by any Nembei of
the Bouse of Repiesentatives oi by any citizen upon iesolution of
enuoisement by any Nembei theieof, which shall be incluueu in the
0iuei of Business within ten session uays, anu iefeiieu to the piopei
Committee within thiee session uays theieaftei. The Committee, aftei
heaiing, anu by a majoiity vote of all its Nembeis, shall submit its iepoit
to the Bouse within sixty session uays fiom such iefeiial, togethei with
the coiiesponuing iesolution. The iesolution shall be calenuaieu foi
consiueiation by the Bouse within ten session uays fiom ieceipt theieof.
(S) A vote of at least one-thiiu of all the Nembeis of the Bouse shall be
necessaiy eithei to affiim a favoiable iesolution with the Aiticles of
Impeachment of the Committee, oi oveiiiue its contiaiy iesolution. The
vote of each Nembei shall be iecoiueu.
(4) In case the veiifieu complaint oi iesolution of impeachment is fileu
by at least one-thiiu of all the Nembeis of the Bouse, the same shall
constitute the Aiticles of Impeachment, anu tiial by the Senate shall
foithwith pioceeu.
(S) No impeachment pioceeuings shall be initiateu against the same
official moie than once within a peiiou of one yeai.(6) The Senate shall
have the sole powei to tiy anu ueciue all cases of impeachment. When
sitting foi that puipose, the Senatois shall be on oath oi affiimation.
When the Piesiuent of the Philippines is on tiial, the Chief }ustice of the
Supieme Couit shall piesiue, but shall not vote. No peison shall be
convicteu without the concuiience of two-thiius of all the Nembeis of the
Senate.
(7) }uugment in cases of impeachment shall not extenu fuithei than



34
iemoval fiom office anu uisqualification to holu any office unuei the
Republic of the Philippines, but the paity convicteu shall neveitheless be
liable anu subject to piosecution, tiial, anu punishment accoiuing to law.


ZY\ F5061730;

Z=\ "7[91 3A ;566:;;730

(21/ H%%< .:6/ W/
In case of ueath, peimanent uisability, iemoval fiom office, oi iesignation
of the Piesiuent, the vice-Piesiuent shall become the Piesiuent to seive
the unexpiieu teim. In case of ueath, peimanent uisability, iemoval fiom
office, oi iesignation of both the Piesiuent anu vice-Piesiuent, the
Piesiuent of the Senate oi, in case of his inability, the Speakei of the
Bouse of Repiesentatives, shall then act as Piesiuent until the Piesiuent
oi vice-Piesiuent shall have been electeu anu qualifieu. The
Congiess shall, by law, pioviue who shall seive as Piesiuent in case of
ueath, peimanent uisability, oi iesignation of the Acting Piesiuent. Be
shall seive until the Piesiuent oi the vice-Piesiuent shall have been
electeu anu qualifieu, anu be subject to the same iestiictions of poweis
anu uisqualifications as the Acting Piesiuent.

%4/< .:6/ PP/
Whenevei the Piesiuent tiansmits to the Piesiuent of the Senate anu the
Speakei of the Bouse of Repiesentatives his wiitten ueclaiation that he is
unable to uischaige the poweis anu uuties of his office, anu until he
tiansmits to them a wiitten ueclaiation to the contiaiy, such poweis anu
uuties shall be uischaigeu by the vice-Piesiuent as Acting Piesiuent.

Whenevei a majoiity of all the Nembeis of the Cabinet tiansmit to the
Piesiuent of the Senate anu to the Speakei of the Bouse of
Repiesentatives theii wiitten ueclaiation that the Piesiuent is unable to
uischaige the poweis anu uuties of his office, the vice-Piesiuent shall
immeuiately assume the poweis anu uuties of the office as Acting
Piesiuent. Theieaftei, when the Piesiuent tiansmits to the Piesiuent of
the Senate anu to the Speakei of the Bouse of Repiesentatives his wiitten
ueclaiation that no inability exists, he shall ieassume the poweis anu
uuties of his office. Neanwhile, shoulu a majoiity of all the Nembeis of
the Cabinet tiansmit within five uays to the Piesiuent of the Senate anu to
the Speakei of the Bouse of Repiesentatives theii wiitten ueclaiation that
the Piesiuent is unable to uischaige the poweis anu uuties of his office,
the Congiess shall ueciue the issue. Foi that puipose, the Congiess shall
convene, if it is not in session, within foity-eight houis, in accoiuance
with its iules anu without neeu of call.

If the Congiess, within ten uays aftei ieceipt of the last wiitten
ueclaiation, oi if not in session, within twelve uays aftei it is iequiieu to
assemble, ueteimines by a two-thiius vote of both Bouses, voting
sepaiately, that the Piesiuent is unable to uischaige the poweis anu
uuties of his office, the vice-Piesiuent shall act as Piesiuent; otheiwise,
the Piesiuent shall continue exeicising the poweis anu uuties of his office.


ZU\ &:?U:2;97M 70

+=U70:1(21/ H%%< .:6/R/
xxx The vice-Piesiuent may be appointeu as membei of the Cabinet. Such
appointment iequiies no confiimation.

%%%/ ]GC%+%($ C#!("-&#'-

(/ -9: ;5M2:?: +3521

Bailongay: 0f the thiee uepaitments of goveinment, two uepaitments
(Executive anu Legislative) aie consiueieu as active. 0n the othei hanu,
the }uuiciaiy is consiueieu as passive. It is passive in the sense that it has
to wait foi a case to be fileu befoie it can act.

Ciuz: To maintain the inuepenuence of the }uuiciaiy, the following
safeguaius have been embouieu in the Consti:

(1) The SC is a constitutional bouy. It cannot be abolisheu noi
may its membeiship oi the mannei of its meetings be changeu by meie
legislation. |Ait. vIII, Sec. 4 (1)j
(2) The membeis of the juuiciaiy aie not subject to
confiimation by the CA.
(S) The membeis of the SC may not be iemoveu except by
impeachment. (Ait. IX, Sec. 2.)
(4) The SC may not be uepiiveu of its minimum oiiginal anu
appellate juiisuiction as piesciibeu in Ait. X, Sec. S of the Consti. (Ait.
vIII, Sec. 2.)
(S) The appellate juiisuiction of the SC may not be incieaseu
by law wo its auvice anu concuiience. (Ait. vI, Sec. Su.)
(6) The SC now has auministiative supeivision ovei all lowei
couits anu theii peisonnel. (Ait. vIII, Sec. 6.)
(7) The SC has exclusive powei to uiscipline juuges of lowei
couits. (Ait. vIII, Sec. 11.)
(8) The membeis of the SC anu all lowei couits have secuiity
of tenuie, wc cannot be unueimineu by a law ieoiganizing the juuiciaiy.
(Iu.)
(9) They shall not be uesignateu to any agency peifoiming
quasi-juuicial oi auministiative functions. (Ait. vIII, Sec. 12.)
(1u) The salaiies of juuges may not be ieuuceu uuiing theii
continuance in office. (Ait. vIII, Sec. 1u.)
(11) The juuiciaiy shall enjoy fiscal autonomy. (Ait. vIII, Sec.
S.)
(12) The SC alone may initiate iules of couit. |Ait. vIII, Sec. S
(S).j
(1S) 0nly the SC may oiuei the tempoiaiy uetail of juuges.
|Ait. vIII, Sec. S (S)j
(14) The SC can appoint all officials anu employees of the
juuiciaiy. |Ait. vIII, Sec. S (6)j

ZP\ +3?M3;71730

(21/ H%%%< .:6/ a/
(1) The Supieme Couit shall be composeu of a Chief }ustice
anu fouiteen Associate }ustices. It may sit en banc oi its uiscietion, in
uivisions of thiee, five, oi seven Nembeis. Any vacancy shall be filleu
within ninety uays fiom the occuiience theieof.
(2) All cases involving the constitutionality of a tieaty,
inteinational oi executive agieement, oi law, which shall be heaiu by the
Supieme Couit, en banc, incluuing those involving the constitutionality,
application, oi opeiation of piesiuential ueciees, pioclamations, oiueis,
instiuctions, oiuinances, anu othei iegulations, shall be ueciueu with the
concuiience of a majoiity of the Nembeis who actually took pait in the
uelibeiations on the issues in the case anu voteu theieon.
(S) Cases oi matteis heaiu by a uivision shall be ueciueu oi
iesolveu with the concuiience of a majoiity of the Nembeis who actually
took pait in the uelibeiations on the issues in the case anu voteu theieon,
anu in no case, without the concuiience of at least thiee of such Nembeis.
When the iequiieu numbei is not obtaineu, the case shall be ueciueu en
banc: Pioviueu, that no uoctiine oi piinciple oi piinciple of law laiu
uown by the couit in a uecision ienueieu en banc oi in uivision may be
mouifieu oi ieveiseu except by the couit sitting en banc.

The Supieme Couit is a constitutional bouy. As such it cannot be
abolisheu by the Congiess foi the powei to uestioy only iesiues in the
one who has the powei to cieate.

The lowei couits on the othei hanu, aie establisheu by law, anu so coulu
be abolisheu by law, pioviueu the secuiity of tenuie is not unueimineu.

H=2[=; N "7>>32=I=

The SC helu that:
(1) Congiess uoes not have the powei to auu to the existing giounus foi
uisqualification of a justice of the SC. To uisqualify any of these
constitutional component membei of the couit- especially as in this case,
a majoiity of them-- in a tieason case, is nothing shoit of uepiiving the
couit itself of its juiisuiction as establisheu by the funuamental law.
Bisqualification of a juuge is a uepiivation of his juuicial powei. It woulu
seem eviuent that if Congiess coulu uisqualify membeis of SC in taking
pait in the heaiing anu ueteimination of ceitain "collaboiation" cases, it
coulu extenu the uisqualification to othei cases.

(2) The uesignation pioviueu (a CFI-juuge to sit as a SC justice in the
People's Couit if the SC uoes not have the iequiieu quoium) is iepugnant
to the constitutional iequiiement that membeis be appointeu by the Pies.
w the consent of the CA. (This was unuei the 19SS Constitution wc
iequiieu confiimation fiom the Commission on Appointments.) It will



35
iesult in a situation wheiein 6 membeis sitting will not be appointeu anu
confiimeu in accoiuance w the Consti.

(S) Bowevei biief oi tempoiaiy may be the action oi paiticipation of a
juuge uesignateu, theie is no escaping the fact that he woulu be
paiticipating in the uelibeiations anu acts of the SC anu if alloweu to uo
so, his vote woulu count as much as any iegulai justice.

,0: .5M2:?: +3521

When the SC sits in uivisions, it uoes not violate the concept of a "one
Supieme Couit" because, accoiuing the G. N $7?;730[63, the uivisions of
the SC uo not uiminish its authoiity, because although it sits in uivisions,
it iemains anu co-functions as one bouy.

This "one Supieme Couit" uoctiine is stiengtheneu by the piovision that
"when the iequiieu numbei (in a uivision) is not obtaineu, the case shall
be ueciueu en banc: pioviueu, that no uoctiine oi piinciple of law laiu
uown by the couit in a uecision ienueieu en banc oi in uivision may be
mouifieu oi ieveiseu except by the couit sitting en banc. |(21/ H%%%< .:6/
aZR)j

.12761 +3?M3;71730

In H=2[=; N "7>>32=I=, the SC helu that the tempoiaiy uesignation of
juuges of the CFI anu the Couit of Appeals in the Supieme Couit to
constitute a quoium uue to uisqualification of some of the justices, is
unconstitutional. Theie is but one Supieme Couit whose membeiship
appointments aie peimanent.

ZX\ (MM3701?:01 p _5=>7A76=1730;

(21/ H%%%< .:6/ V/
(1) No peison shall be appointeu Nembei of the Supieme Couit oi any
lowei collegiate couit unless he is a natuial-boin citizen of the
Philippines. A membei of the Supieme Couit must be at least foity yeais
of age, anu must have been foi fifteen yeais oi moie a juuge of a lowei
couit oi engageu in the piactice of law in the Philippines.
xxx
(S) A membei of the juuiciaiy must be a peison of pioven competence,
integiity, piobity, anu inuepenuence

.:6/ W/
(S) The council shall have the piincipal function of iecommenuing
appointees to the juuiciaiy. It may exeicise such othei functions anu
uuties as the Supieme Couit may assign to it.

.:6/ Q/
The membeis of the Supieme Couit anu juuges of lowei couits shall be
appointeu by the Piesiuent fiom a list of at least thiee nominees piepaieu
by the }uuicial anu Bai Council foi eveiy vacancy. Such appointments
neeu no confiimation.
xxx

ZR\ .=>=2L

(21/ H%%%< .:6/ Pk/
The salaiy of the Chief }ustice anu of the Associate }ustices of the Supieme
Couit anu of juuges of lowei couits shall be fixeu by law. Buiing theii
continuance in office, theii salaiy shall not be uecieaseu.

(21/ gH%%%< .:6/ PV/
0nless the Congiess pioviues otheiwise, xxx; the Chief }ustice shall
ieceive an annual salaiy of P 24u,uuu anu the Associate }ustices shall
ieceive P 2u4,uuu each; xxx, the Associate }ustices of the Supieme Couit,
xxx, P2u4,uuu each; xxx.

Although the salaiies may not be uecieaseu, they may be incieaseu by
law, to take effect at once. Reasons:

(1) the Constitution uoes not piohibit it;
(2) the }uuiciaiy plays no pait in the passage of the law incieasing theii
salaiy unlike the Congiess anu the Executive, anu so theie can be no
conflict of inteiest; anu
(S) this will piomote the inuepenuence of the }uuiciaiy.

Is the imposition of income tax on the salaiy of the }ustices anu }uuges a
uiminution of theii salaiy as piohibiteu by the Constitution.

N0. (}uuiciaiy not exempt fiom income tax)

'71=A=0 N +%"

0nuei the 1987 Constitution, the salaiies of membeis of the }uuiciaiy aie
not exempt fiom taxes. It anchoieu its uecision on the uelibeiation of the
Constitutional Commission, that is, on the legislative histoiy of the
piesent Ait. vIII, Sec. 1u.

A uiaft of the piesent Ait. vIII, Sec. 1u when oiiginally piesenteu to the
bouy, expiessly exempteu the salaiy of juuges fiom taxation. But when
this uiaft was uiscusseu on seconu ieauing, the sentiment was against the
exemption, the ieason being that like any othei citizen, juuges anu
justices must pay theii shaie in the buiuen of maintaining the
goveinment. So this expiess exemption was ueleteu fiom Ait. vIII, Sec.
1u anu so it was when the uiaft was auopteu by the bouy.

(a\ .:65271L 3A -:052:

(21/ H%%%< .:6/ PP/
The membeis of the Supieme Couit anu juuges of lowei couits shall holu
office uuiing goou behavioi until they ieach the age of seventy yeais, oi
become incapacitateu to uischaige the uuties of theii office. The Supieme
Couit en banc shall have the powei to uiscipline juuges of lowei couits, oi
oiuei theii uismissal by a vote of a majoiity of the Nembeis who actually
took pait in the uelibeiations on the issues in the case anu voteu theieon.

%4/< .:6/ X/
``` No law shall be passeu ieoiganizing the }uuiciaiy when it
unueimines the secuiity of tenuie of its Nembeis.

":32[=07I=1730

C: >= $>=0= N;/ (>U=

Sec. 144 of BP 129 ieplaceu the existing couit system, w the exception of
the SC anu the SB, w a new one anu pioviueu that upon the completion
of the ieoiganization by the Pies., the couits affecteu "shall be ueemeu
automatically abolisheu anu the incumbents theieof shall cease to holu
office." Petitionei, juuge of the city couit of 0longapo, anu 7 membeis of
the Bai questioneu the valiuity of the Act in an action foi piohibition, on
the giounu that it contiaveneu the secuiity of tenuie of juuges. They
imputeu lack of goou faith in the enactment of the Act anu chaiacteiizeu
it as an unuue uelegation of legislative powei.

The SC helu that the imputation of lack of goou faith uisiegaius the fact
that the Act was the piouuct of caieful stuuy anu uelibeiation not only by
the BP but also by a Piesiuential stuuy committee (wheie C} anu justices
weie membeis). |Tjhe abolition of an office is win the competence of a
legislative bouy if uone in goou faith. The test is whethei the abolition is
in goou faith. As that element is piesent in the enactment of BP 129, the
lack of meiit of the petition becomes appaient.

Bowevei, while theie can be no claim to secuiity of tenuie wheie the
office no longei exists, in theii effect theie is no uiffeience bet. iemoval
anu the abolition of office. In eithei case, the effect on the incumbent is
one of sepaiation. Accoiuingly, in the implementation of the law it woulu
be in keeping w the spiiit of the Constitution that, as fai as incumbent
justices anu juuges aie conceineu, the SC be consulteu anu that its view
be accoiueu fullest consiueiation. This is not ienueiing auvisoiy opinion
because theie is no question of law involveu. Neithei is theie intiusion
into the appointing piocess bec. only incumbents aie involveu.

ZS\/ ":?3N=>

(21/ H%%%< .:6/ PP/
The membeis of the Supieme Couit anu juuges of lowei couits shall holu
office uuiing goou behavioi until they ieach the age of seventy yeais, oi
become incapacitateu to uischaige the uuties of theii office. The Supieme
Couit en banc shall have the powei to uiscipline juuges of lowei couits, oi
oiuei theii uismissal by a vote of a majoiity of the Nembeis who actually
took pait in the uelibeiations on the issues in the case anu voteu theieon.




36
(21/ g%< .:6/ X/
The xxx Nembeis of the Supieme Couit xxx may be iemoveu fiom office,
on impeachment foi, anu conviction of, culpable violation of the
Constitution, tieason, biibeiy, giaft anu coiiuption, othei high ciimes, oi
betiayal of public tiust. All othei public officeis anu employees may be
iemoveu fiom office as pioviueu by law, but not by impeachment.

&:?U:2; 3A 19: .+ 6=0031 U: 2:?3N:4 :`6:M1 UL 7?M:=69?:01.
Thus, a SC justice cannot be chaigeu in a ciiminal case oi a uisbaiment
pioceeuing, because the ultimate effect of eithei is to iemove him fiom
office, anu thus ciicumvent the piovision on impeachment anu violating
his secuiity of tenuie Z%0 ":8 F72;1 %0432;:?:01 A23? E30/ "=5> &/
O30I=>:I< (/&/ '3/ WWTaTSaRR\.

ZY\ F7;6=> (51303?L

(21/ H%%%< .:6/ R/
The }uuiciaiy shall enjoy fiscal autonomy. Appiopiiations foi the
}uuiciaiy may not be ieuuceu by the legislatuie below the amount
appiopiiateu foi the pievious yeai anu, aftei appioval, shall be
automatically anu iegulaily ieleaseu.

ZV\ ]527;4761730

.5M2:?: +3521

A) 0iiginal juiisuiction n(21/ H%%%< .:6/ SZP\q

(1) Cases affecting ambassauois, othei public ministeis anu
consuls.
(2) Petitions foi ceitioiaii, piohibition, manuamus, quo
waiianto anu habeas coipus.
(S) Sufficiency of factual basis of pioclamation of maitial law
anu suspension of piivilege of wiit of BC

Note that the SC uoes not have juiisuiction ovei ueclaiatoiy ielief cases,
which must be fileu with the RTC (In Re Beimuuez saiu so too, anu yet
gave uue couise to the petition.)

The fiist case (ambassauois, etc.) is maue concuiient with RTCs by law
(}uuiciaiy Act of 1948). The seconu case (special civil actions) is
concuiient with the CA anu the RTC, with iespect to infeiioi bouies.

B) Appellate }uiisuiction

The Supieme Couit shall have the powei to ieview, ievise,
ieveise, mouify, oi affiim on (i) oiuinaiy appeal, oi (ii) petition foi
ieview on ceitioiaii, as the law oi the Rules of Couit may pioviue, final
juugment anu oiueis of lowei couits in the following cases:
(1) Cases questioning the constitutionality oi valiuity of any (a)
tieaty, (b) inteinational anu executive agieement, (c) law oi statute, (u)
piesiuential ueciee, (e) pioclamation, (f) oiuei, (g) instiuction, (h)
oiuinance, oi (i) iegulation.
(2) Cases questioning the legality of an (a) tax, (b) impost, (c)
assessment, oi (u) toll, oi (e) any penalty imposeu in ielation theieto.
(S) Cases in which the juiisuiction of lowei couits is in issue.
(4) Ciiminal cases in which the penalty imposeu is ieclusion
peipetua oi highei.
(S) Cases in wc only an eiioi oi question of law is involveu.
(6) 0iueis of the Constitutional Commissions.

]527;4761730 3N:2 627?70=> 6=;:; @9:2: M:0=>1L 7?M3;:4 7; 2:6>5;730
M:2M:15=

(21/ H%%%< .:6/ S/
The Supieme Couit shall have the following poweis:
xxx
(2) Review, ievise, ieveise, mouify, oi affiim on appeal oi
ceitioiaii as the law oi the Rules of Couit may pioviue, final juugments
anu oiueis of lowei couits in:
(u) All ciiminal cases in which the penalty imposeu
is ieclusion peipetua oi highei.

!:3M>: N C=07:>; !:3M>: N "=?3;

Both aie iape cases wheie the tiial couit imposeu lessei penalties
because of misappieciation of the aggiavating anu qualifying
ciicumstances anu on appeal the penalty was incieaseu.

Chief }ustice Castio, foi the majoiity, explaineu: Ait. X, Sec. S (2) (u) |now
Ait. vIII, Sec. S (2) (u)j pioviues that the SC shall have appellate
juiisuiction ovei "final juugements anu ueciees of infeiioi couits" in
ciiminal in wc the "penalty imposeu is ueath oi life impiisonment."
0nless the CA ienueis juugment anu imposes the penalty of ueath oi
ieclusion peipetua, theie woulu be no juugment foi SC to ieview. Inueeu,
Section S4 of the }uuiciaiy Act of 1948 anu the piesent Rule 124, Sec. 1S
pioviue that, whenevei the CA shoulu be of the opinion that the penalty of
ueath oi life impiisonment shoulu be imposeu, "the saiu couit shall
iefiain fiom enteiing juugment theieon, anu shall foithwith ceitify the
case biought befoie it on appeal," which that it is not piohibiteu fiom
ienueiing juugment. In othei woius, the CA is not piohibiteu fiom
ienueiing juugment but fiom "enteiing juugment." The uistinction
between the two is well establisheu.

The phiase "enteiing juugment" is not to be equateu w an "entiy of
juugment" as the lattei is unueistoou in RS6 in ielation to Sec. 8, R 121
anu Sec. 16, R 124, R0C. "Entiy of juugment" piesupposes a final
juugment-- final in the sense that no appeal was taken fiom the uecision
of the tiial couit oi appellate couit win the ieglamentaiy peiiou. A
juugment in a ciiminal case becomes final aftei the lapse of the peiiou foi
peifecting an appeal, oi when the sentence has been paitially oi totally
satisfieu oi seiveu, oi the uef. has expiessly waiveu in wiiting his iight to
appeal. It is only then that theie is a juugment which is to be enteieu oi
iecoiueu in the book of entiies of juugments.

"5>: PXa< .:6/ PR/
xxx Whenevei the Couit of Appeals shoulu be of the opinion that the
penalty of ieclusion peipetua oi highei shoulu be imposeu in a case, the
Couit aftei uiscussion of the eviuence anu the law involveu, shall ienuei
juugment imposing the penalty of ieclusion peipetua oi highei as the
ciicumstances waiiant, iefiain fiom enteiing juugment anu foithwith
ceitify the case anu elevate the entiie iecoiu theieof to the Supieme
Couit foi ieview.

(21/ H%%< .:6/ PW/
xxx The Supieme Couit may ieview, in an appiopiiate pioceeuing fileu by
any citizen, the sufficiency of the factual basis of the pioclamation of
maitial law oi the suspension of the piivilege of the wiit oi the extension
theieof, anu must piomulgate its uecision theieon within thiity uays fiom
its filing.

(21/ H%%< .:6/ a/
xxx The Supieme Couit, sitting en banc, shall be the sole juuge of all
contests ielating to the election, ietuins, anu qualifications of the
Piesiuent, vice-Piesiuent, anu may piomulgate its iule foi the puipose.

$3M:I N;/ "3`=;

Section 1, Ait. vIII of the Constitution vests in the juuicial bianch of the
goveinment, not meiely some specifieu oi limiteu juuicial powei, but the
entiiety oi "all" of saiu powei, except, only, so much as the Constitution
confeis upon some othei agency, such as the powei to "juuge all contests
ielating to the election, ietuins anu qualifications' of membeis of the
Senate anu those of the Bouse of Repiesentatives, which is vesteu by the
Constitution solely in the Senate Electoial Tiibunal anu the Bouse
Electoial Tiibunal, iespectively.

R.A 179S, cieating the PET, has the effect of giving a uefeateu canuiuate
the legal iight to contest juuicially the election of the Piesiuent-elect oi
the vP-elect. By pioviuing that the PET "shall be composeu of the Chief
}ustice anu the othei 1u Nembeis of the SC", R.A. 179S has confeiieu
upon such couit an auuitional exclusive oiiginal juiisuiction. It has not
cieateu a new anu sepaiate couit. It has meiely confeiieu upon the SC
the functions of a PET. The PET is not infeiioi to the SC since it is the
same couit, although the functions peculiai to saiu Tiibunal aie moie
limiteu in scope than those of the SC in the exeicise of its oiuinaiy
functions.

(21/ %g< (< .:6/ V/
Each Commission shall ueciue by a majoiity vote of all its Nembeis any
case oi mattei biought befoie it within sixty uays fiom the uate of its
submission foi uecision oi iesolution. A case oi mattei is ueemeu



37
submitteu foi uecision oi iesolution upon the filing of the last pleauing,
biief, oi memoianuum iequiieu by the iules of the Commission oi by the
Commission itself. 0nless otheiwise pioviueu by this Constitution oi by
law, any uecision, oiuei oi iuling of each Commission may be biought to
the Supieme Couit on ceitioiaii by the aggiieveu paity within thiity uays
fiom ieceipt of the copy theieof.

ZW\ +30[2:;;730=> !3@:2 3N:2 ]527;4761730 3A 19: .5M2:?:
+3521

(21/ H%%%< .:6/ X/
"The Congiess shall have the powei the uefine, piesciibe anu appoition
the juiisuiction of vaiious couits but may not uepiive the Supieme Couit
of its juiisuiction ovei cases enumeiateu in Section S heieof.
Xxx"

While the juiisuiction of couits is a mattei of legislative appoitionment,
the Constitution sets ceitain limitations on this pieiogative:

1. It cannot ueciease the constitutionally set juiisuiction of the
Supieme Couit. (It may not uepiive the Supieme Couit of its
juiisuiction ovei cases enumeiateu in Section S heieof.)

2. It cannot inciease the constitutionally set appellate
juiisuiction of the Supieme Couit. Z(21/ H%< .:6/ Rk\/

Thus, in the case of F=U7=0 N;/ C:;7:213, Sec. 27, RA 677u, which
authoiizes an appeal to the Supieme Couit fiom uecisions of the
0mbuusman in auministiative uisciplinaiy cases, was ueclaieu
unconstitutional because the piovision was passeu without the auvice
anu consent of the Supieme Couit.

S. It cannot pass a law ieoiganizing the juuiciaiy when it
unueimines the secuiity of tenuie of its membeis. Z(21/ H%<
.:6/ X< M=2/ X\

4. It cannot amenu the Rules of Couit.

In #69:[=2=L N;/ .:62:1=2L 3A ]5;176:< O/"/ '3/ PRXYkP, the Supieme
Couit ueclaieu that the 1987 Constitution took away the powei of
Congiess to iepeal, altei, oi supplement iules conceining pleauing,
piactice, anu pioceuuie. In fine, the powei to piomulgate such iules is no
longei shaieu by this Couit with Congiess, moie so with the Executive.

Bowevei, Congiess can:
" inciease the oiiginal juiisuiction of the SC (puisuant to its
geneial powei).
" It can make the juiisuiction of the SC concuiient with lowei
couits (puisuant to its geneial powei).

Thus, unuei the Rules of Couit, the oiiginal juiisuiction of the SC is
concuiient with the RTC anu in the case of the special civil actions, with
the CA.

&=0125;1: .L;1:?;< %06/ N; +(

Section S1 of Pioclamation No. S-A (Piivatization law) piohibiteu couits
anu auministiative agencies fiom issuing any iestiaining oiuei oi
injunction against the Asset Piivatization Tiust in connection with the
acquisition, sale oi uisposition of assets tiansfeiieu to it, noi against any
puichasei of assets solu by the Tiust to pievent such puichasei fiom
taking possession of any assets puichaseu by him.

Saiu Section uoes not infiinge any piovision of the Constitution. It uoes
not impaii the inheient powei of the couits "to settle actual contioveisies
which aie legally uemanuable anu enfoiceable anu to ueteimine whethei
oi not theie has been a giave abuse of uiscietion amounting to lack oi
excess of juiisuiction on the pait of any bianch oi instiumentality of the
govt." The Piesiuent, in the exeicise of hei legislative powei unuei the
Fieeuom Constitution, issueu saiu Pioclamation to pievent couits fiom
inteifeiing in the uischaige of the Executive Bepaitment of its task of
caiiying out the expeuitious uisposition anu piivatization of ceitain govt.
coipoiations anuoi the assets theieof, absent any giave abuse of
uiscietion amounting to excess oi lack of juiisuiction on its pait. This
pioclamation, not being inconsistent with the Constitution anu not having
been iepealeu oi ievokeu by Congiess, has iemaineu opeiative.

(4?707;12=17N: M3@:2;

ZQ\ .5M:2N7;730 3A >3@:2 63521;

(21/ H%%%< .:6/ Y/
The Supieme Couit shall have auministiative supeivision ovei all couits
anu the peisonnel theieof.

'3U>:d=; N -::9=0b::,

The SC helu that although the Commissionei of Lanu Registiation is given
the iank of juuge of the CFI, he is still an auministiative official, hence
outsiue the juiisuiction of the SC anu cannot be investigateu by it as if he
weie a lowei couit juuge. 0theiwise, the SC woulu be peifoiming a non-
juuicial woik.

ZPk\ -:?M32=27>L =;;7[0 d54[:; 13 319:2 ;1=1730; 70 19:
M5U>76 701:2:;1

(21/ H%%%< .:6/ S.
The Supieme Couit shall have the xxx powei (to)
xxx
(S) Assign tempoiaiily juuges of lowei couits to othei stations
as public inteiest may iequiie. Such tempoiaiy assignment shall not
exceeu six months without the consent of the juuge conceineu.

ZPP\ ,24:2 = 69=0[: 3A N:05: 32 M>=6: 3A 127=> 13 =N374
?7;6=227=[: 3A d5;176: n(21/ H%%%< .:6/ S Za\q

ZPX\ C7;67M>70: 3A >3@:2 63521 d54[:;

(21/ H%%%< .:6/ PP.
xxx
The Supieme Couit en banc shall have the powei to uiscipline juuges of
lowei couits, oi oiuei theii uismissal, by a vote of a majoiity of the
membeis who actually took pait in the uelibeiations on the issues in the
case anu voteu theieon.

ZPR\ (MM3701?:01 3A 3AA767=>; =04 :?M>3L::; 3A :0172:
d54767=2L

(21/ H%%%< .:6/ S/
The Supieme Couit shall have the xxx powei (to)
xxx
(6) Appoint all officials anu employees of the }uuiciaiy in
accoiuance with the Civil Seivice Law.

ZPa\ "5>: ?=b70[

(21/ H%%%< .:6/ S/
The Supieme Couit shall have the following poweis:
xxx
(S) Piomulgate iules conceining the piotection anu
enfoicement of constitutional iights, pleauing, piactice, anu pioceuuie in
all couits, the aumission to the piactice of law, the Integiateu Bai, anu
legal assistance to the unueipiivilegeu. Such iules shall pioviue a
simplifieu anu inexpensive pioceuuie foi the speeuy uisposition of cases,
shall be unifoim foi all couits of the same giaue, anu shall not uiminish,
inciease, oi mouify substantive iights. Rights of pioceuuie of special
couits anu quasi-juuicial bouies shall iemain effective unless uisappioveu
by the Supieme Couit.

In ":8 2:_5:;1 A32 = +2:=1730 3A = .M:67=> C7N7;30< (/&/ '3/ kXTPTkQT
.+< it was helu that it is within the competence of the Supieme Couit to
cieate a Special Bivision in the Sanuiganbayan which will heai anu ueciue
the plunuei case against foimei Piesiuent }oseph Estiaua.

Powei of Congiess to iepeal Rules of Couit -

(2176>: gH%%%< .:6/ Pk/
All couits existing at the time of the iatification of this Constitution shall
continue to exeicise theii juiisuiction, until otheiwise pioviueu by law.
The piovisions of the existing Rules of Couit, juuiciaiy acts, anu
pioceuuial laws not inconsistent with this Constitution shall iemain
opeiative unless amenueu oi iepealeu by the Supieme Couit oi the



38
Congiess.

Co-}uuicial poweis

Asiue fiom the juiisuiction of the Supieme Couit mentioneu
above the following aie its othei poweis ielateu to, though not exactly
constituting, its juuicial function:

1. 0iuei a change of venue oi place of tiial, in oiuei to avoiu a
miscaiiiage of justice. Ait. vIII, Sec. S(4)j

2. Rule making - Piomulgate iules conceining (a) the
piotection anu enfoicement of constitutional iights, (b) pleauing, piactice
anu pioceuuie in all couits, (c) the auministiation to the piactice of law,
(u) the Integiateu Bai, anu (e) legal assistance to the unueipiivilegeu.

Limits to iule-making powei: Such iules shall
(i) pioviue simplifieu anu inexpensive pioceuuie, foi the speeuy
uisposition of cases
(ii) be unifoim foi all couits of the same giaue, anu
(iii) not uiminish, inciease oi mouify substantive iights.

Rules of pioceuuie of special couits anu quasi-juuicial bouies shall
iemain effective unless uisappioveu by the SC. |Ait. vIII, Sec. S(S)j

It is on the basis of this powei, that the Rules of Couit, the Bai, IBP, Legal
Aiu 0ffice weie auopteu.

Piactice of Piofessions

(21/ g%%< .:6/ Pa/
xxx The piactice of all piofessions in the Philippines shall be limiteu to
Filipino citizens, save in cases piesciibeu by law.

Naitial Law

(21/ H%%< .:6/ PW/
The Supieme Couit may ieview, in an appiopiiate pioceeuing fileu by
any citizen, the sufficiency of the factual basis of the pioclamation of
Naitial Law oi the suspension of the piivilege of the wiit oi the extension
theieof, anu must piomulgate its uecision theieon within thiity uays foim
its filing. (pai. S theieof.)

ZPS\ '3 _5=;7Td54767=> =04 =4?707;12=17N: @32b 3A d54[:;

ueneially: No non-juuicial woik foi juuges; No quasi- juuicial anu
auministiative woik foi juuges.

As a geneial iule, membeis of the juuiciaiy shall only have juuicial
functions, in line with the sepaiation of poweis piinciple of the
Constitution. Thus:

(21/ H%%%< .:6/ PX/
The membeis of the Supieme Couit anu of othei couits establisheu by
law shall not be uesignateu to any agency peifoiming quasi-juuicial oi
auministiative function.

&:2=>63 N !=;=L -2=0;M321=1730 +3

The issue conceins the legal iight of the membeis of the SC, sitting as a
boaiu of aibitiatois, the uecision of a majoiity of whom shall be final, to
act in that capacity. It was helu that the SC anu its membeis shoulu not
anu cannot be iequiieu to exeicise any powei oi to peifoim any tiust oi
to assume any uuty not peitaining to oi connecteu w the auministeiing
of juuicial functions.

O=267= N &=6=2=7[

The SC saiu that it uiu not look with favoi at the piactice of long stanuing
of juuges being uetaileu with the Bepaitment of }ustice to assist the
Secietaiy, even if it weie only in connection with his woik of exeicising
auministiative authoiity ovei couits. The basis of this iule is the
sepaiation of poweis. In this case, iesponuent Nacaiaig was appointeu to
one of the newly-cieateu CFI bianches w station at Calamba Laguna. At
the time of his appointment, iesponuent was the chief of Technical Staff
of the B0} anu concuiiently membei of the Boaiu of Paiuons anu Paiole.
xxx

%0 ": 8 "343>A3 &=0I=03

E0 No. 8S6 cieateu the PiovincialCity Committees on }ustice to insuie
the speeuy uisposition of cases of uetainees. Among the functions of saiu
committee aie to ieceive complaints against any appiehenuing officei,
jail waiuen, fiscal oi juuge who may be founu to have committeu abuses
in the uischaige of his uuties anu iefei the same to piopei authoiity foi
piopei action, to iecommenu ievision of any law oi iegulation which is
believeu piejuuicial to the piopei auministiation of ciiminal justice.
}uuge Nanzano, Executive }uuge 0f Ilocos Noite was appointeu as
membei of saiu Committee.

The SC helu that such committee peifoims auministiative functions.
Auministiative functions aie those which involve the iegulation anu
contiol ovei the conuuct anu affaiis of inuiviuuals foi theii own welfaie
anu the piomulgation of iules anu iegulations to bettei caiiy out the
policy of the legislatuie oi such as aie uevolveu upon the auministiative
agency by the oiganic law of its existence.

0nuei the Constitution, the membeis of the couits shall not be uesignateu
to any agency peifoiming quasi-juuicial oi auministiative functions.
Consiueiing that membeiship of }uuge Nanzano in such committee, will
violate the Constitution, the Supieme Couit is constiaineu to ueny his
iequest that he be alloweu to seive theiein. Be can only ienuei assistance
to such committee anu only when such assistance may be ieasonably
inciuental to the fulfillment of his juuicial uuties.

#`6:M1730;8 Constitutionally appointeu non-juuicial functions of the
Supieme Couit

a. Act as Piesiuential Electoial Tiibunal

While Congiess acts as the National Boaiu of Canvasseis foi the
Piesiuential election, the Supieme Couit acts as the Electoial Tiibunal foi
such election as pioviueu in Ait. Ait. vII, Sec. 4, last pai.

This means that befoie the pioclamation by the Congiess of the winnei,
Congiess is the juuge of any electoial issue, but the pioclamation, when
theie is an electoial contest alieauy, then the SC becomes the sole juuge.

b. Chief }ustice as piesiuing officei in impeachment tiial of the Piesiuent.
|Ait. XI, Sec. S(6)j

c. Chief }ustice as Chaiiman of the }uuicial anu Bai Council.

ZPY\ ":M321 30 19: d54767=2L

(21/ H%%%< .:6/ PY/
The Supieme Couit shall, within thiity uays fiom the opening of each
iegulai session of the Congiess, submit to the Piesiuent anu the Congiess
an annual iepoit on the opeiations anu activities of the }uuiciaiy.

(PV\ &=00:2 3A ;71170[ =04 N31:; 2:_572:4

In the 1987 Constitution, not only was the uiscietion (to sit en banc oi in
2 uivisions) ietaineu, but also the uivisions weie incieaseu. Theie may
be S, S oi 2 uivisions maue up of S, S oi 7 membeis, iespectively. At
piesent, the SC sits eithei en banc oi in S uivisions.

(21/ H%%%< .:6/ a.
(1) The Supieme Couit shall be composeu of a Chief }ustice anu fouiteen
Associate }ustices. It may sit en banc oi its uiscietion, in uivisions of
thiee, five, oi seven Nembeis. Any vacancy shall be filleu within ninety
uays fiom the occuiience theieof.

(2) All cases involving the constitutionality of a tieaty, inteinational oi
executive agieement, oi law, which shall be heaiu by the Supieme Couit,
en banc, incluuing those involving the constitutionality, application, oi
opeiation of piesiuential ueciees, pioclamations, oiueis, instiuctions,
oiuinances, anu othei iegulations, shall be ueciueu with the concuiience
of a majoiity of the Nembeis who actually took pait in the uelibeiations
on the issues in the case anu voteu theieon.

(S) Cases oi matteis heaiu by a uivision shall be ueciueu oi iesolveu with



39
the concuiience of a majoiity of the Nembeis who actually took pait in
the uelibeiations on the issues in the case anu voteu theieon, anu in no
case, without the concuiience of at least thiee of such Nembeis. When
the iequiieu numbei is not obtaineu, the case shall be ueciueu en banc:
Pioviueu, that no uoctiine oi piinciple oi piinciple of law laiu uown by
the couit in a uecision ienueieu en banc oi in uivision may be mouifieu oi
ieveiseu except by the couit sitting en banc.

The following cases shall be heaiu by the SC en banc:
1. Cases involving the constitutionality of a tieaty, intei-
national oi executive agieement oi law. |Iu., Sec. 4(2)j
2. Cases involving the (a) constitutionality, (b) application, oi
(c) opeiation of piesiuential ueciees, pioclamations, oiueis, instiuctions,
oiuinances anu othei iegulations. |Iu., Sec. 4(2)j
S. All othei cases which unuei the Rules of Couit aie iequiieu
to be heaiu by the SC en banc. |Iu., Sec. 4(2)j
4. Cases oi matteis heaiu by a uivision wheie the iequiieu
numbei of votes to ueciue oi iesolve (the majoiity of those who took pait
in the uelibeiations on the issues in the case anu voteu theieon, anu in no
case less than S membeis) is not met. |Iu., Sec. 4(S)j
S. To mouify oi ieveise a uoctiine oi piinciple of law laiu
uown by the couit in a uecision ienueieu en banc oi in uivision. |Iu., Sec.
4(S)j
6. Auministiative uisciplinaiy cases involving juuges of lowei
couits. (Iu., Sec. 11.)
7. Actions instituteu by citizen to test the valiuity of a
pioclamation of maitial law oi suspension of the piivilege of the wiit.
(Ait. vII, Sec. 18.)
8. The couit sitting as Piesiuential Electoial Tiibunal. (Ait. vII,
Sec. 4, pai. 7.)

"5>: SY .:6/ PP/ !236:452: 7A 3M70730 7; :_5=>>L 47N74:4
Wheie the couit en banc is equally uiviueu in opinion, oi the necessaiy
majoiity cannot be hau, the case shall be ie-heaiu, anu if on ieheaiing no
uecision is ieacheu, the action shall be uismisseu if oiiginally commenceu
in the couit; in appealeu cases, the juugment oi oiuei appealeu fiom shall
stanu affiimeu; anu on all inciuental matteis, the petition oi motion shall
be uenieu.

"5>: PXS< .:6/ R/ C:67;730 7A 3M70730 7; :_5=>>L 47N74:4
When the couit en banc is equally uiviueu in opinion, oi the necessaiy
majoiity cannot be hau, the case shall be ie-heaiu, anu if on ieheaiing no
uecision is ieacheu, the juugment of conviction of the lowei couit shall be
ieveiseu anu the accuseu acquitteu

ZPW\ ":_572:?:01 =; 13 4:67;730;

C:>7U:2=1730;

(21/ H%%%< .:6/ PR/
"The conclusions of the Supieme Couit in any case submitteu to it foi
uecision en banc oi in uivision shall be ieacheu in consultation befoie the
case is assigneu to a membei foi the wiiting of the opinion of the Couit. A
ceitification to this effect signeu by the Chief }ustice shall be issueu anu a
copy theieof attacheu to the iecoiu of the case anu seiveu upon the
paities. Any Nembei who took no pait, oi uissenteu, oi abstaineu fiom a
uecision oi iesolution must state the ieason theiefoi. The same
iequiiements shall be obseiveu by all lowei collegiate couits."

The ieason foi the iequiiement that the uecision must be ieacheu "in
consulta" (i.e., aftei uelibeiations by the gioup) is to emphasize that the
SC is one bouy, albeit collegiate, so that the uecision of the case is by the
couit itself anu not the ponente. The wiitei of the opinion is meiely the
spokesman of the bouy.

+30;70[ H +(

The absence of ceitification by the Couit of Appeals uoes not ienuei that
uecision invaliu.
The ceitification iequiiement imposeu by the 1987 constitution was
meant to ensuie the implementation of the constitutional iequiiement
that uecisions of the SC anu lowei collegiate couits, such as the CA, CTA
anu Sanuiganbayan, aie ieacheu aftei consultation with the membeis of
the couit sitting en banc oi in a uivision befoie the case is assigneu to a
membei theieof foi uecision wiiting.

The absence woulu not necessaiily mean that the case submitteu foi
uecision hau not been ieacheu in consultation befoie being assigneu to
one membei foi the wiiting of the opinion of the couit since the iegulai
peifoimance of official uuty is piesumeu. The lack of ceitification seives
as an eviuence of failuie to obseive the ceitification iequiiement but it
woulu not have the effect of invaliuating the uecision.

(21/ H%%%< .:6/ Pa/
No uecision shall be ienueieu by any couit without expiessing theiein
cleaily anu uistinctly the facts anu the law on which it is baseu.

No petition foi ieview oi motion foi ieconsiueiation of a uecision of the
couit shall be iefuseu uue couise oi uenieu without stating the legal basis
theiefoi.

voting

votes iequiieu to "ienuei a uecision oi iesolution"

A) En banc - Concuiience of a majoiity of the membeis who (i) actually
took pait in the uelibeiations (i.e., the consultation) on the issues in the
case, anu (ii) voteu theieon. |Ait. vIII, Sec. 4(2) anu Sec. 11.j

B) In uivisions - Cases oi matteis heaiu by a uivision shall be ueciueu oi
iesolveu (a) with the concuiience of a majoiity of the membeis who
actually took pait in the uelibeiations on the issues in the case anu voteu
theieon, anu (b) in no case without the concuiience of at least S of such
membeis. When the iequiieu numbei is not obtaineu, the case shall be
ueciueu en banc. No uoctiine oi piinciple of law laiu by the couit in a
uecision ienueieu en banc oi in uivision may be mouifieu oi ieveiseu
except by the couit sitting en banc. |Ait. vIII, Sec. 4(S)j

a. In a uivision of 7 membeis, the majoiity if all aie piesent is 4. If only 6
aie piesent, 4. If only S oi 4, S. If only S, no quoium.

b. In a uivision of S membeis, S votes aie neeueu iegaiuless of whethei S,
4, oi S aie piesent.

c. In uivision of S membeis, S votes aie neeueu.

u. In any of these cases, when the votes cannot be musteieu, the case
must be iaiseu to the couit en banc.

Effect of failuie to mustei the necessaiy majoiity:

If the necessaiy majoiity cannot be hau, the case is again ieheaiu. If upon
ieheaiing, no majoiity is still hau, the following aie the effects:

a.) If a case is on appeal, the juugment appealeu fiom is
ueemeu affiimeu except:

(i) Ciiminal cases wheie the juugment is that of
conviction: the conviction is ieveiseu, anu the accuseu is acquitteu.
(ii) Cases wheie the lowei couit ueclaieu a law, etc.
unconstitutional: the juugment is ieveiseu, anu the valiuity of the law is
ueemeu sustaineu, puisuant to the piesumption of constitutionality
unuei Sec. 9 of the }uuiciaiy Act of 1948. (If the lowei couit ueclaieu the
law as not unconstitutional, this juugment is ueemeu affiimeu puisuant
to the geneial iule above.)
(Thus, if 12 aie piesent, S voteu the law
unconstitutional, 4 voteu foi its valiuity, anu S abstaineu, theie is no
uecision anu so the law iemains valiu.)

b.) If the case is an oiiginal petition, then the case is ueemeu
uismisseu.

Wiiting of the uecision

No uecision shall be ienueieu by any couit without expiessing
theiein cleaily anu uistinctly the facts anu the law on which it is baseu.
(Ait. vIII, Sec. 14.)

In the case of the SC anu lowei collegiate couit, this iule is
auuiesseu to the one to whom the wiiting of the opinion was assigneu
aftei consultation, that is, the ponente. In the case by othei couits, this
iule is auuiesseu to the juuge.



40

Becisions on the meiit.

The iule iequiiing statement of the ielevant facts, the issues,
the iuling, anu the ieasoneu opinion in suppoit of the iuling, applies only
to uecisions on the meiit by a couit of iecoiu, baseu on the following
iulings of the SC:

H=>>=43>74 N %06730[

it was helu that the 0iuei of the Beputy Ninistei of Laboi uiu not contain
a statement of facts anu conclusions of law is not coveieu by the
constitutional iequiiement because it is not a uecision of a couit of
iecoiu, the Ninistiy of Laboi being an auministiative agency with quasi-
juuicial functions, with iules of pioceuuie manuateu to be non-litigious,
summaiy anu non-technical.

.:61730 Pa< +9=M1:2 R< B33b H%%< (4?707;12=17N: +34: 3A PQWV/
Becision.-- Eveiy uecision ienueieu by the agency in a contesteu case
shall be in wiiting anu shall state cleaily anu uistinctly the facts anu the
law on which it is baseu. xxx

B=63>34 &5267= &7>>70[ +3/ N E:0=2:;<

The SC iuleu that oiueis of a couit on an inciuental mattei (in this case,
the oiuei imposing the payment of attoiney's fees) neeu not state the
legal basis of the iuling.

Ninute Resolution

Ciuz: In justifying the so-calleu minute iesolution, the SC saiu in
Boiiomeo v. CA,
"The SC uisposes of the bulk of its cases by minute iesolutions anu
ueciees them as final anu executoiy, as wheie a case is patently wo
meiit, wheie the issues iaiseu aie factual in natuie, wheie the uecision
appealeu fiom is suppoiteu by substantial eviuence anu is in accoiu w
the facts of the case anu the applicable laws, wheie it is cleai fiom the
iecoius that the petitions weie fileu meiely to foiestall the eaily
execution of juugment anu foi non-compliance w the iules. The
iesolution uenying uue couise oi uismissing a petition always gives the
legal basis.
x x x x
The Couit is not uuty bounu to ienuei signeu uecisions all the
time. It has ample uiscietion to foimulate uecisions anu oi minute
iesolutions, pioviueu a legal basis is given, uepenuing on its evaluation of
a case."

Anu neithei uoes the iule apply to auministiative cases ueciueu by the SC
itself, as it helu in !254:017=> B=0b N/ +=;123, thus: "No constitutional
piovision is uisiegaiueu in the SC's Ninute Resolution uenying a motion
foi ieconsiueiation 'foi lack of meiit, the issues iaiseu theiein having
been pieviously uuly consiueieu anu passeu upon. In an auministiative
case, the constitutional manuate that 'no *** motion foi ieconsiueiation
of a uecision of the couit shall be *** uenieu without stating the legal
basis theiefoi is inapplicable. Anu even if it weie, saiu iesolution stateu
the legal basis foi the uenial, anu, theiefoie, auheieu faithfully to the
constitutional iequiiement. 'Lack of meiit,' as a giounu foi uenial is legal
basis.

Petitions foi ieview anu motions foi ieconsiueiation

No petition foi ieview oi motion foi ieconsiueiation of a
uecision of the couit shall be iefuseu uue couise oi uenieu, without
stating the legal basis theiefoi. ((21/ H%%%< .:6/ Pa< M=2/ X.)

This iule applies to a uismissal of a motion foi ieconsiueiation
of a "uecision on the meiits", saiu the SC in &:043I= N +F%<). It uoes not
apply, as in this case, to a uismissal of a motion foi ieconsiueiation of a
pievious uismissal of a petition foi habeas coipus. (The uismissal of the
petition foi habeas coipus is not a uecision on the meiits, but is similai to
a uismissal of a petition foi ieview, which is a uecision not to give uue
couise to the petition.)

The past piactice useu to be that when the appellate couit
uenieu a petition foi ieview, oi uenieu a NFR, it simply uiu so in a Ninute
Resolution, stating that the case was uismisseu foi lack of basis. This
aggiieveu many a lawyei, specially those who woulu spenu uays
piepaiing pages of biiefs, only to finu out that all theii effoit was
answeieu by a one-linei "Bismisseu foi lack of basis".

This piompteu the fiameis of the 1987 Constitution to foice
the Couit to at least wiite uown the legal basis foi the uenial. This means
that while a fully uetaileu uecision is not iequiieu, neithei is a skimpy
one-linei is alloweu. The legal ieason foi the uismissal must be wiitten.

C7;;:01:2; =04 (U;1=70:2;

In the case of a uecision on the meiits, if a membei (a) took no
pait, oi (b) uissenteu, oi (c) abstaineu fiom a uecision oi iesolution, he
must state his ieason theiefoi. (Ait. vIII, Sec. 1S.) Even those who took no
pait in the uelibeiations but weie piesent, anu those who abstaineu aie
iequiieu to wiite theii ieasons foi these aie ieally foims of casting theii
vote. Those who inhibiteu themselves aie, of couise, not iequiieu to vote,
since they uiu not ieally paiticipate.

Pioceuuially, the puipose is to enable the paity to finu out the
ieason foi the action taken. Foi couits lowei than the SC, anu even the SC
itself, this is impoitant foi appeal oi motion foi ieconsiueiation puiposes,
as the basis foi the assignment of eiioi.

ZPQ\ &=04=132L M:2734 A32 4:67470[ 6=;:;

(21/ H%%%< .:6/ PS/
(1) All cases oi matteis fileu aftei the effectivity of this Constitution must
be ueciueu oi iesolveu within twenty-foui months fiom the uate of
submission foi the Supieme Couit, anu, unless ieuuceu by the Supieme
Couit, twelve months foi all lowei collegiate couits, anu thiee months foi
all othei lowei couits.

(2) A case oi mattei shall be ueemeu submitteu foi uecision oi iesolution
upon the filing of the last pleauing, biief oi memoianuum iequiieu by the
Rules of Couit oi by the couit itself.

(S) 0pon the expiiation of the coiiesponuing peiiou, a ceitification to
this effect signeu by the Chief }ustice oi the piesiuing juuge shall
foithwith be issueu anu a copy theieof attacheu to the iecoiu of the case
oi mattei, anu seiveu upon the paities. The ceitification shall state why a
uecision oi iesolution has not been ienueieu oi issueu within saiu peiiou.

(4) Bespite the expiiation of the applicable manuatoiy peiiou, the couit,
without piejuuice to such iesponsibility as may have been incuiieu in
consequence theieof, shall ueciue oi iesolve the case oi mattei submitteu
theieto foi ueteimination, without fuithei uelay.

(21/ H%%< .:6/ PW/
xxx The Supieme Couit may ieview, in an appiopiiate pioceeuing
fileu by any citizen, the sufficiency of the factual basis of the
pioclamation of maitial law oi the suspension of the piivilege of the wiit
oi the extension theieof, anu must piomulgate its uecision theieon within
thiity uays fiom its filing.
xxx (pai. S theieof.)

(21/ gH%%%< .:6/ PX.
The Supieme Couit shall, within one yeai aftei the iatification of this
Constitution, auopt a systematic plan to expeuite the uecision oi
iesolution of cases oi matteis penuing in the Supieme Couit oi the lowei
couits piioi to the effectivity of this Constitution. A similai plan shall be
auopteu foi all special couits anu quasi-juuicial bouies.

%4/< .:6/ PR/
The legal effect of the lapse, befoie the iatification of this Constitution, of
the applicable peiiou foi the uecision oi iesolution of the cases oi
matteis submitteu foi aujuuication by the couits, shall be ueteimineu by
the Supieme Couit as soon as piacticable.

%4/< .:6/ Pa/
The piovisions of paiagiaphs (S) anu (4), Section 1S of Aiticle vIII of this
Constitution shall apply to cases oi matteis fileu befoie the iatification of
this Constitution, when the applicable peiiou lapses aftei such
iatification.

A) Cases fileu aftei Febiuaiy 2, 1987



41

All cases oi matteis fileu aftei the effectivity of this
Constitution must be ueciueu within twenty-foui months counteu fiom
the uate of submission." |Ait. vIII, Sec. 1S(1)j

A case oi mattei is ueemeu submitteu foi uecision oi iesolu-
tion upon the filing of the last pleauing, biief oi memoianuum iequiieu
by the Rules of Couit oi by the couit itself. |Ait. vIII, Sec. 1S(2)j

Nanuatoiy peiiou in the Supieme Couit: 24 months |Ait. vIII, Sec. 1S(1)j

Except: A piopei case questioning the sufficiency of the factual basis of
the pioclamation of maitial law oi suspension of the piivilege which must
be ueciueu Su uays fiom filing. (Ait. vII, Sec. 18, pai. 1.)

But what happens if the juuge oi couit fails to meet the ueauline anyway.
The Constitution pioviues:
0pon the expiiation of the coiiesponuing peiiou, a ceitification
to this effect signeu by the Chief }ustice oi the piesiuing }uuge shall
foithwith be issueu, anu a copy theieof attacheu to the iecoiu of the case
oi mattei, anu seiveu upon the paities. The ceitification shall state why a
uecision oi iesolution has been ienueieu oi issueu within saiu peiiou.
|Ait. vIII, Sec. 1S (S)j

Bespite the expiiation of the applicable manuatoiy peiiou, the
couit, without piejuuice to such iesponsibility (auministiative
uisciplinaiy action against the juuge oi justices) shall ueciue oi iesolve
the case oi mattei submitteu theieto foi ueteimination without fuithei
uelay. |Ait. vIII, Sec. 1S(4)j

In othei woius, failuie to ueciue the case |foi ieasons othei
than the inability to ieach the necessaiy majoiityj has no consequence on
the case. Thus, a ceitification is iequiieu that the peiiou has lapseu
without any uecision being maue, stating the ieason foi such inaction.
Then the couit must ueciue without any fuithei uelay. The consequences
aie on the juuge: (a) he coulu not uiaw out his salaiy, since he woulu not
be able to ceitify that he has iesolveu all cases submitteu to him in 9u
uays anu (b) he is subject to auministiative sanctions.

B) Cases fileu befoie Febiuaiy 2, 1987 but expiie aftei this uate

The piovisions of Ait. vIII, Sec, 1S(S) - (4) shall apply to cases
oi matteis fileu befoie the iatification of this Constitution, when the
applicable peiiou lapses aftei such iatification. (Ait. XvIII, Sec. 14)
In othei woius, it is as if these cases weie fileu aftei Febiuaiy
2, 1987.

C) Cases that expiieu befoie Febiuaiy 2, 1987

The legal effect of the lapse, befoie the iatification of this
Constitution, of the applicable peiiou foi the uecision oi iesolution of the
cases oi matteis submitteu foi aujuuication by the couits, shall be
ueteimineu by the SC as soon as piacticable. (Ait. XvIII, Sec. 1S.)

The Supieme Couit shall, within 1 yeai fiom Febiuaiy 2, 1987
auopt a systematic plan to expeuite the uecision oi iesolution of cases oi
matteis penuing in the SC oi lowei couits piioi to the effectivity of this
Constitution. A similai plan shall be auopteu foi all special couits anu
quasi-juuicial bouies. (Ait. XvIII, Sec. 12.)

B/ $,^#" +,G"-.

ZP\ D5=>7A76=1730; =04 =MM3701?:01

(21/ H%%%< .:6/ V/
(1) No peison shall be appointeu Nembei of the Supieme Couit oi any
lowei collegiate couit unless he is a natuial-boin citizen of the
Philippines. A membei of the Supieme Couit must be at least foity yeais
of age, anu must have been foi fifteen yeais oi moie a juuge of a lowei
couit oi engageu in the piactice of law in the Philippines.

(2) the Congiess shall piesciibe the qualifications of juuges of lowei
couits, but no peison may be appointeu juuge theieof unless he is a
citizen of the Philippines anu a membei of the Philippine Bai.

%4/< .:6/ W/
(S) The (}uuicial anu Bai) Council shall have the piincipal function of
iecommenuing appointees to the }uuiciaiy. It may exeicise such othei
functions anu uuties as the Supieme Couit may assign to it.

%4/< .:6/ Q/
The Nembeis of the Supieme Couit anu juuges of lowei couits shall be
appointeu by the Piesiuent fiom a list of at list thiee nominees piepaieu
by the }uuicial anu Bai Council foi eveiy vacancy. Such appointments
neeu no confiimation.

Foi the lowei couits, the Piesiuent shall issue the appointment
within ninety uays fiom the submission of the list.

Composition

The composition of lowei couits shall be pioviueu by law. The
laws aie the }uuiciaiy Act of 1948 anu BP 129.

Qualifications

Lowei Collegiate Couit (Couit of Appeals)

(1) No peison shall be appointeu membei of any lowei collegiate couit
unless he is a natuial-boin citizen. |Ait. vIII, Sec. 7(1)j anu a membei of
Philippine Bai.

(2) The Congiess shall piesciibe qualifications of juuges of lowei couits.
|Ait. vIII, Sec. 7(2)j
(S) A membei of the juuiciaiy must be a peison of pioven competence,
integiity, piobity, anu inuepenuence. |Ait. vIII, Sec. 7(S)j

Lowei Couits

(1) The Congiess shall piesciibe qualifications of juuges of lowei couits,
but no peison may be appointeu juuge theieof unless he is a citizen of the
Philippines anu a membei of the Philippine bai. |Ait. vIII, Sec. 7(2)j

(2) Be must be a peison of pioven competence, integiity, piobity anu
inuepenuence. |Ait. vIII, Sec. 7(S)j

ZX\ .=>=2L

(21/ H%%%< .:6/ Pk/
The salaiy of the Chief }ustice anu of the Associate }ustices of the Supieme
couit anu of juuges of lowei couits shall be fixeu by law. Buiing theii
continuance in office, theii salaiy shall not be uecieaseu.

ZR\ +30[2:;;730=> M3@:2 13 2:32[=07I: =04 ;:65271L 3A
1:052:

(21/ H%%%< .:6/ PP/
The membeis of the Supieme Couit anu juuges of lowei couits shall holu
office uuiing goou behavioi until they ieach the age of seventy yeais, oi
become incapacitateu to uischaige the uuties of theii office. The Supieme
Couit en banc shall have the powei to uiscipline juuges of lowei couits, oi
oiuei theii uismissal by a vote of a majoiity of the Nembeis who actually
took pait in the uelibeiations on the issues in the case anu voteu theieon.

%4/< .:6/ X/
xxx No law shall be passeu ieoiganizing the }uuiciaiy when it
unueimines the secuiity of tenuie of its Nembeis.

The powei of Congiess to ieoiganize lowei couits has been uphelu by the
SC piioi to 1987.

,6=?M3 N .:62:1=2L 3A ]5;176:,

The SC by failing to mustei the 2S vote iequiieu then to ueclaie a law
unconstitutional in effect sustaineu the valiuity of the law passeu by
Congiess abolishing the offices of "juuges-at-laige" anu "cauastial juuges"
anu the consequent iemoval of juuges occupying these posts. Noting that
the puipose of the law was to piomote the inuepenuence of the juuiciaiy
(by avoiuing foium-shopping), it helu that an abolition of an office maue
in goou faith uoes not violate secuiity of tenuie. Secuiity of tenuie
piesupposes the continueu existence of the office fiom which one was
iemoveu not iemoval fiom an office that has been abolisheu in goou faith



42
anu not meiely paitisan political ieasons.

Za\ ":?3N=>

(21/ H%%%< .:6/ PP.
The membeis of the Supieme Couit anu juuges of lowei couits shall holu
office uuiing goou behavioi until they ieach the age of seventy yeais, oi
become incapacitateu to uischaige the uuties of theii office. The Supieme
Couit en banc shall have the powei to uiscipline juuges of lowei couits, oi
oiuei theii uismissal by a vote of a majoiity of the Nembeis who actually
took pait in the uelibeiations on the issues in the case anu voteu theieon.

Ciuz: "}uuges of lowei couit," as heie useu, incluues justices of the
Sanuiganbayan. This iule casts much uoubt on the legality of the
piesiuential ueciee making them iemovable only by the legislatuie
thiough the piocess of impeachment.

ZS\ ]527;4761730

(21/ H%%%< .:6/ P/
}uuicial powei shall be vesteu in one Supieme Couit anu in such lowei
couits as may be establisheu by law.

}uuicial powei incluues the uuty of the couits of justice to settle actual
contioveisies involving iights which aie legally uemanuable anu
enfoiceable, anu to ueteimine whethei oi not theie has been a giave
abuse of uiscietion amounting to lack oi excess of juiisuiction on the pait
of any bianch oi instiumentality of the uoveinment.

]/&/ -5=;30 p +3/ N +(; )031 N %(+,

Theie is in effect a " constitutional confeiment of oiiginal juiisuiction on
the lowei couits in those five cases foi which the Supieme Couit is
gianteu appellate juiisuiction in S(2)."

0nuei the piovision gianting the SC juiisuiction "to ieview, ievise,
ieveise, mouify oi affiim on appeal oi ceitioiaii as the law oi Rules of
Couit may pioviue, juugments of lowei couits," lowei couits can pass
upon the valiuity of a statute in the fiist instance.

ZY\ ":_572:?:01; =; 13 M2:M=2=1730 3A 4:67;730;

(21/ H%%%< .:6/ Pa/
No uecision shall be ienueieu by any couit without expiessing theiein
cleaily anu uistinctly the facts anu the law on which it is baseu.

No petition foi ieview oi motion foi ieconsiueiation of a uecision of the
couit shall be iefuseu uue couise oi uenieu without stating the legal basis
theiefoi.

Nannei of sitting

The Couit of Appeals sits in uivisions when it heais cases; the
only time it convenes as one bouy is to take up matteis of auministiation.
The tiial anu infeiioi couits, of couise, uo not have this
pioblem since theie is only one juuge.

Belibeiations

The same iequiiements (foi consulta) shall be obseiveu by all
lowei collegiate couits. (Ait. vIII, Sec. 1S). Foi obvious ieasons, this
iequiiement uoes not apply to the tiial anu infeiioi couits.

voting

Foi collegiate couits, like the Couit of Appeals, the law
pioviues that it sits only in uivisions when ueciuing cases. Foi tiial anu
infeiioi couits, no pioblem aiises since only one juuge is involveu.

Effect of failuie to mustei the necessaiy majoiity

Couit of Appeals.-- The same iules apply, except that the uecision can
now be appealeu to the SC.

Infeiioi Couits.-- Failuie to ueciue has no consequence on the uecision of
the couit. The Couit is not ousteu of its juiisuiction, but the juuge suffeis
auministiative consequences.

ZV\ &=04=132L M:2734 A32 4:67470[

(21/ H%%%< .:6/ PS/
(1) All cases oi matteis fileu aftei the effectivity of this Constitution must
be ueciueu oi iesolveu within twenty-foui months fiom the uate of
submission foi the Supieme Couit, anu, unless ieuuceu by the Supieme
Couit, twelve months foi all lowei collegiate couits, anu thiee months foi
all othei lowei couits.

(2) A case oi mattei shall be ueemeu submitteu foi uecision oi iesolution
upon the filing of the last pleauing, biief oi memoianuum iequiieu by the
Rules of Couit oi by the couit itself.

(S) 0pon the expiiation of the coiiesponuing peiiou, a ceitification to
this effect signeu by the Chief }ustice oi the piesiuing juuge shall
foithwith be issueu anu a copy theieof attacheu to the iecoiu of the case
oi mattei, anu seiveu upon the paities. The ceitification shall state why a
uecision oi iesolution has not been ienueieu oi issueu within saiu peiiou.

(4) Bespite the expiiation of the applicable manuatoiy peiiou, the couit,
without piejuuice to such iesponsibility as may have been incuiieu in
consequence theieof, shall ueciue oi iesolve the case oi mattei submitteu
theieto foi ueteimination, without fuithei uelay.

(21/ gH%%%< .:6/ PX/
The Supieme Couit shall, within one yeai aftei the iatification of this
Constitution, auopt a systematic plan to expeuite the uecision oi
iesolution of cases oi matteis penuing in the Supieme Couit oi the lowei
couits piioi to the effectivity of this Constitution. A similai plan shall be
auopteu foi all special couits anu quasi-juuicial bouies.

%4/< .:6/ PR/
The legal effect of the lapse, befoie the iatification of this Constitution, of
the applicable peiiou foi the uecision oi iesolution of the cases oi
matteis submitteu foi aujuuication by the couits, shall be ueteimineu by
the Supieme Couit as soon as piacticable.

%4/< .:6/ Pa/
The piovisions of paiagiaphs (S) anu (4), Section 1S of Aiticle vIII of this
Constitution shall apply to cases oi matteis fileu befoie the iatification of
this Constitution, when the applicable peiiou lapses aftei such
iatification.

Nanuatoiy Peiiou

Lowei collegiate couits: 12 months, unless ieuuceu by the SC

0thei lowei couits: S months, unless ieuuceu by the SC

The Constitution now explicitly pioviues in Sec. 1S (1) that the peiious
aie manuatoiy, asiue fiom using the woiu "must" (not "shall" as in 197S)
in Sec. 1S (1). The case of &=26:>703 N +25I, which helu that the peiious
in the 197S Constitution weie only uiiectoiy, is thus now, oveiiuleu.

Ciuz: It shoulu be noteu that, although uecision within the maximum
peiiou is now manuatoiy, failuie to aiiive at the same will not uivest the
couit of juiisuiction, without piejuuice to any iesponsibility that may
attach to the juuge. The couit must still iesolve the case wo fuithei
uelay, unlike the olu iule when the uecision appealeu was ueemeu
automatically affiimeu anu the petition was ueemeu automatically
uismisseu as a iesult of the inaction of the couit.

+/ ]GC%+%($ ('C B(" +,G'+%$

(21/ H%%%< .:6/ W/
(1) A }uuicial anu Bai Council is heieby cieateu unuei the supeivision of
the Supieme Couit composeu of the Chief }ustice as ex officio Chaiiman,
the Secietaiy of }ustice, anu a iepiesentative of the Congiess as ex officio
Nembeis, a iepiesentative of the Integiateu Bai, a piofessoi of law, a
ietiieu Nembei of the Supieme Couit, anu a iepiesentative of the piivate
sectoi.

(2) The iegulai membeis of the Council shall be appointeu by the
Piesiuent foi a teim of foui yeais with the consent of the Commission on



43
Appointments. 0f the Nembeis fiist appointeu, the iepiesentative of the
Integiateu Bai shall seive foi foui yeais, the piofessoi of law foi thiee
yeais, the ietiieu }ustice foi two yeais, anu the iepiesentative of the
piivate sectoi foi one yeai.

(S) The Cleik of the Supieme Couit shall be the Secietaiy ex officio of the
Council anu shall keep a iecoiu of its pioceeuings.

(4) The iegulai Nembeis of the Council shall ieceive such emoluments as
may be ueteimineu by the Supieme Couit. The Supieme Couit shall
pioviue in its annual buuget the appiopiiations foi the Council.

(S) The Council shall have the piincipal function of iecommenuing
appointees to the }uuiciaiy. It may exeicise such othei function anu
uuties as the Supieme Couit may assign to it.

Ex-officio membeis |Ait. vIII, Sec. 8(1)j

(1) Chief }ustice as ex-officio Chaiiman
(2) Secietaiy of }ustice
(S) Repiesentative of Congiess

Regulai membeis |Ait. vIII, Sec. 8(1)j

(4) Rep of the Integiateu Bai
(S) Piofessoi of Law
(6) Retiieu membei of the SC
(7) Repiesentative of piivate sectoi

Secietaiy ex-officio |Ait. vIII, Sec. 8(S)j

Cleik of the SC, who shall keep a iecoiu of its pioceeuings

Appointment, Tenuie, Salaiy

Ex-officio membeis - Foi obvious ieasons this uoes not apply since the
position in the Council is goou only while the peison is the occupant of
the office.

Regulai membeis |Ait. vIII, Sec. 8(2)j - The iegulai membeis shall be
appointeu by the Piesiuent with the consent of the Commission on
Appointments.
The teim of the iegulai membeis is 4 yeais. But the teim of
those initially appointeu shall be staggeieu in the following way so as to
cieate continuity in the council:
IBP iepiesentative - 4 yeais
Law piofessoi - S yeais
Retiieu justice - 2 yeais
Piivate sectoi - 1 yeai

Regulai membeis shall ieceive such emoluments as may be
ueteimineu by the SC. The SC shall pioviue in its annual buuget the
appiopiiations foi the Council. |Ait. vIII, Sec. 8(4)j

Functions:

1. Recommenu appointees to the }uuiciaiy |Ait. vIII, Sec. 8(S)j
2. Recommenu appointees to the 0ffice of the 0mbuusman anu
his S ueputies. (Ait. XI, Sec. 9)
S. Such othei functions anu uuties as the SC may assign |Ait.
vIII, Sec. 8(S)j

%4/< .:6/ Q/
The Nembeis of the Supieme Couit anu juuges of lowei couits shall be
appointeu by the Piesiuent fiom a list of at least thiee nominees piepaieu
by the }uuicial anu Bai Council foi eveiy vacancy. Such appointments
neeu no confiimation.

Foi the lowei couits, the Piesiuent shall issue the appointments within
ninety uays fiom the submission of the list.

C/ (513?=176 2:>:=;: 3A =MM23M27=1730 A32 19: d54767=2L

(21/ H%%%< .:6/ R/ The }uuiciaiy shall enjoy fiscal autonomy.
Appiopiiations foi the }uuiciaiy may not be ieuuceu by the legislatuie
below the amount appiopiiateu foi the pievious yeai anu, aftei appioval,
shall be automatically anu iegulaily ieleaseu.