ARTICLE I THE NATIONAL TERRITORY

The national territory of the Philippines comprises:

1.The Philippine archipelago

2.With all the islands and waters embraced therein
3.And all other territories over which the Philippines has sovereignty or jurisdiction
4.Consisting of its
a.Terrestrial
b.Fluvial; and
c.Aerial domains
5.Including its
a.Territorial sea
b.The seabed
c.The subsoil
CODE: TSSIO
d.The insular shelves; and
e.The other submarine areas
6.The waters
a.Around
b.Between and
c.Connecting
d.The islands of the archipelago
Regardless of their breadth and dimensions
Form part of the INTERNAL WATERS of the Philippines
Definition of Archipelago

An archipelago is a body of water studded with islands. The Philippine archipelago

is that body of water studded with islands which is delineated in the Treaty of Paris
(1898), as amended by the Treaty of Washington (1900) and the Treaty of Great
Britain (1930)

Definition of all other territories over which the Philippines has sovereignty or
jurisdiction
It includes any territory that presently belongs or might in the future belong to the
Philippines through any of the internationally accepted modes of acquiring territory.

Archipelagic principle
Two elements:
1.The definition of internal waters (as provided above);
2.The straight baseline method of delineating the territorial sea consists of
drawing straight lines connecting appropriate points on the coast without departing
to any appreciable extent from the general direction of the coast.

Important distances with respect to the waters around the Philippines

1. Territorial sea -12 nautical miles (n.m.)
2. Contiguous zone-12 n.m. from the edge of the territorial sea
3. Exclusive economic zone -200 n.m. from the baseline [includes (1) and (2)]

ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES

SEC 1. The Philippines is a democratic and republican State. Sovereignty resides in

the people and all government authority emanates from them.
Elements of a State (for municipal law purposes) CODE: PTSG
1.A community of persons, more or less numerous (PEOPLE)
2.Permanently occupying a definite portion of territory (TERRITORY)

3.Independent of external control (SOVEREIGNTY)

4.Possessing an organized government to which the great body of inhabitants
render habitual obedience (GOVERNMENT)

Definition of People CODE: CNCH

1.A Community of persons;
2.Sufficient in Number;
3.Capable of maintaining the continued existence of the community; and
4.Held together by a common bond of law.

Definition of Sovereignty
1.LEGAL sovereignty
a.The supreme power to make law.
b.It is lodged in the people.
2.POLITICAL sovereignty
a.The sum total of all the influences in a state,
b.Legal and non-legal,
c.Which determine the course of law.
3.According to the Principle of AUTO-LIMITATION
:Sovereignty is the property of the state-force due to which it has the
exclusive capacity of legal self-determination and self-restriction.

Definition of Government
1.That institution or aggregate of institutions2.by which an independent
society3.makes and carries out those rules of action4.which are necessary to enable
men to live in a social state5.or which are imposed upon the people forming that
society by those who possess the power or authority of prescribing them

Classification of governments
1.
De jure
- one established by the authority of the legitimate sovereign2.
De facto
- one established in defiance of the legitimate sovereign

Classification of de facto governments

1.De facto proper
a.That government that gets possession and control of
b.or usurps by force or by the voice of majority
c.the rightful legal government
d.and maintains itself against the will of the latter.
2.Government of paramount force
a.That which is established and maintained by military forces
b.who invade and occupy a territory of the enemy
c.in the course of war
3.That established as an independent government by the inhabitants of a country
who rise in insurrection against the parent state.

Definition of Republican State

It is one wherein all government authority emanates from the people and is
exercised by representatives chosen by the people.

Definition of Democratic State

This merely emphasizes that the Philippines has some aspects of direct democracy
such as initiative and referendum.

SEC. 2. The Philippines renounces war as an instrument of national policy, adopts

the generally accepted principles of international law as part of the law of the land
and adheres to the policy of peace, equality, justice, freedom, cooperation, and
amity with all nations

Kind of war renounced by the Philippines

The Philippines only renounces AGGRESSIVE war as an instrument of national policy.
It does not renounce defensive war.

Some "generally accepted principles of international law" recognized by the Court:

1.Right of an alien to be released on bail while awaiting deportation when his failure
to leave the country is due to the fact that no country will accept him (Mejoff v.
Director of Prisons, 90 Phil. 70)
2.The right of a country to establish military commissions to try war criminals
(Kuroda v. Jalondoni, 83 Phil. 171)
3.The Vienna Convention on Road Signs and Signals (Agustin v. Edu, 88 SCRA 195)

Amity with all nations

This does not mean automatic diplomatic recognition of all nations.
recognition remains a matter of executive discretion.

Diplomatic

SEC 3. Civilian authority is, at all times, supreme over the military. The Armed
Forces of the Philippines is the protector of the people and the State. Its goal is to
secure the sovereignty of the State and the integrity of the national territory

Civilian authority/supremacy clause (1st sentence)

1.Civilian authority simply means the supremacy of the law because authority,
under our constitutional system, can only come from law.
2.Under this clause, the soldier renounces political ambition.

Mark of sovereignty (2ndand 3rd sentences)

1.Positively, this clause singles out the military as the guardian of the people and of
the integrity of the national territory and therefore ultimately of the majesty of the
law.
2.Negatively, it is an expression of disapproval of military abuses.

SEC 4. The prime duty of the Government is to serve and protect the people. The
Government may call upon the people to defend the State and, in the fulfillment
thereof, all citizens may be required, under conditions provided by law, to render
personal, military, or civil service.
SEC. 5. The maintenance of peace and order, the protection of life, liberty and
property, and the promotion of the general welfare are essential for the enjoyment
by all the people of the blessings of democracy.
SEC. 6. The separation of Church and State shall be inviolable.

Selected state policies

SEC. 7. The State shall pursue an independent foreign policy. In its relations with
other states, the paramount consideration shall be national sovereignty, territorial
integrity, national interest, and the right to self-determination.
SEC. 8. The Philippines, consistent with the national interest, adopts and pursues a
policy of freedom from nuclear weapons in its territory.

Policy of freedom from nuclear weapons

1.The policy PROHIBITS:
a.The possession, control and manufacture of nuclear weapons
b.Nuclear arms tests.
2.The policy does NOT prohibit the peaceful uses of nuclear energy.

SEC. 12. The State recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. It shall equally
protect the life of the mother and the life of the unborn from conception. etc.
Principle that the family is not a creature of the state.

Protection for the unborn

1.It is not an assertion that the unborn is a legal person.
2.It is not an assertion that the life of the unborn is placed exactly on the level of
the life of the mother. Hence, when it is necessary to save the life of the mother,
the life of the unborn may be sacrificed.
3.Under this provision, the Roe v. Wade doctrine allowing abortion up to the 6th
month of pregnancy cannot be adopted in the Philippines because the life of the
unborn is protected from the time of conception

SEC. 16. The State shall protect and advance the right of the people to a balanced
and healthful ecology in accord with the rhythm and harmony of nature.
1.While the right to a balanced and healthful ecology is found under the declaration
of Principle and State Policies and not under the Bill of Rights, it does not follow that
it is less important than any of the civil and political rights enumerated in the latter.
(Oposa v. Factoran)
2.The right to a balanced and healthful ecology carries with it the correlative duty to
refrain from impairing the environment. (Oposa v. Factoran)

SEC. 26. The State shall guarantee equal access to opportunities for public service,
and prohibit political dynasties as may be defined by law.
SEC. 27. The State shall maintain honesty and integrity in the public service and
take positive and effective measures against graft and corruption.
SEC. 28. Subject to reasonable conditions prescribed by law, the State adopts and
implements a policy of full public disclosure of all its transactions involving public
interest.

ARTICLE VI THE LEGISLATIVE DEPARTMENT

SEC. 1. The legislative power shall be vested in the Congress of the Philippines,
which shall consist of a Senate and a House of Representatives, except to the extent
reserved to the people by the provision on initiative and referendum.

Definition of Legislative Power:

The authority to make laws and to alter or repeal them.

Classification of legislative power: (O De CO)
1.Original Possessed by the people in their sovereign capacity
2.Delegated Possessed by Congress and other legislative bodies by virtue of the
Constitution
3.Constituent The power to amend or revise the Constitution
4.Ordinary The power to pass ordinary laws
Note:
The original legislative power of the people is exercised via initiative and
referendum. In this manner, people can directly propose and enact laws, or
approve or reject any act or law passed by Congress or a local government unit.
Limits on the legislative power of Congress:
1.Substantive limitations on the content of laws. E.g. no law shall be passed
establishing a state religion.
2.Procedural limitations on the manner of passing laws. E.g. generally a bill must
go through three readings on three separate days.
Note:
Provided that these two limitations are not exceeded, Congress legislative power is
plenary

Corollaries of legislative power:

1.Congress cannot pass irrepealable laws. Since Congress powers are plenary, and
limited only by the Constitution, any attempt to limit the powers of future
Congresses via an irrepealable law is not allowed.
2.Congress, as a general rule, cannot delegate its legislative power. Since the
people have already delegated legislative power to Congress, the latter cannot
delegate it any further.

EXCEPTIONS:
1.Delegation of legislative power to local government units;

2.Instances when the Constitution itself allows for such delegation [see Art. VI Sec.
23(2)]

What may Congress delegate:

Congress can only delegate, usually to administrative agencies, RULE-MAKING
POWER or LAW EXECUTION. This involves either of two tasks for the administrative
agencies:
1.Filling up the details on an otherwise complete statute; or
2.Ascertaining the facts necessary to bring a contingent law or provision into
actual operation.

Sections 2-4. SENATEComposition

24 senators who shall be elected at large by the qualified voters of the Philippines,
as may be provided by law.
Qualifications
1.Natural-born citizen;
2.At least 35 years old on the day of election;
3.Able to read and write;
4.A registered voter; and
5.Philippine resident for at least 2 years immediately preceding the day of the
election.
Note:
The qualifications of both Senators and Members of the House are limited to those
provided by the Constitution. Congress cannot, by law, add or subtract from these
qualifications.
Term of Office:
6 years, commencing (unless otherwise provided by law) at noon, 30 June next
following their election.
Term Limitations:
1.No Senator shall serve for more than 2 consecutive terms.

2.Voluntary renunciation of office for any length of time shall not be considered as
an interruption in the continuity of his service for the full term for which he was
elected.

Sections 5-7. HOUSE OF REPRESENTATIVESComposition:

1.Not more than 25 members, unless otherwise fixed by law; and
2.Party-list Representatives
Election of 250 members
1.They shall be elected from legislative districts apportioned among the provinces,
cities and the Metropolitan Manila area.
2.Legislative districts are apportioned in accordance with the number of inhabitants
of each area and on the basis of a uniform and progressive ratio.
a.Each district shall comprise, as far as practicable, contiguous, compact and
adjacent territory;
b.Each city with at least 250,000 inhabitants will be entitled to at least one
representative.
c.Each province will have at least one representative.
d.Legislative districts shall be re-apportioned by Congress within 3 years after the
return of each census. According to Jack, however, while the apportionment of
districts is NOT a political question, the judiciary CANNOT compel Congress to do
this.
e.The standards used to determine the apportionment of legislative districts is
meant to prevent gerrymandering, which is the formation of a legislative district
out of separate territories so as to favor a particular candidate or party

Qualifications
1.Natural born citizen of the Philippines;
2.At least 25 years old on the day of the election;
3.Able to read and write;
4.Registered voter in the district he seeks to represent; and

5.A resident of such district for at least one year immediately preceding the day of
the election.

Term of Office
1.Each member of the House shall be elected for a term of three (3) years which
shall commence (unless otherwise provided for by law) at noon on 30 June next
following their election.
2.Voluntary renunciation of office for any length of time shall not be considered as
an interruption in the continuity of his service for the full term for which he was
elected.

Term Limitations
No member of the House of Representatives shall serve for more than three (3)
consecutive terms.

Distinctions between Term and Tenure

1.Definition
a.Terms means the period during which the elected officer is legally authorized to
assume his office and exercise the powers thereof.
b.Tenure is the actual period during which such officer actually holds his position

2.Limitation/Possible Reduction
a.Term CANNOT be reduced.
b.Tenure MAY, by law, be limited. Thus, a provision which considers an elective
office automatically vacated when the holder thereof files a certificate of candidacy
for another elective office (except President and Vice-President) is valid, as it only
affects the officers tenure and NOT his constitutional term.

Party-List Representatives
1.Constitute 20% of the total number of representatives, including those under the
party-list system (thus a maximum of 50 party-list members of the House)

2.However, for 3 consecutive terms from 2 February 1987 (i.e., the 1987-92, 92-95
and 95-98 terms), 25 seats shall be allotted to sectoral representatives. Under Art.
XVIII, Sec. 7, the sectoral representatives are to be appointed by the President until
legislation otherwise provides.
3.Mechanics of the party-list system:
a.Registered organizations submit a list of candidates in order of priority.
b.During the elections, these organizations are voted for at large.
c.The number of seats that each organization gets out of the 20% allotted to the
system depends on the number of votes they get.
4.Qualifications
a.Natural born citizen of the Philippines
b.At least 25 years of age on the day of the election
c.Able to read and write

SEC. 9. In case of vacancy in the Senate or in the House of Representatives, a

SPECIAL ELECTION may be called to fill such vacancy in the manner prescribed by
law, but the Senator or Member of the House of Representatives thus elected shall
serve only for the unexpired term.
SEC. 10. Salaries of Senators and Members of the House

Determination of Salaries:
Salaries of Senators and Members of the House of Representatives shall be
determined by law.
Rule on increase in salaries:
No increase in their salaries shall take effect until after the EXPIRATION OF THE FULL
TERM (NOT TENURE) OF ALL THE MEMBERS OF THE SENATE AND THE HOUSE OF
REPRESENTATIVES APPROVING SUCH INCREASE.
Note: Since the Constitution provides for rules on salaries and not on
emoluments, our distinguished legislators can appropriate for themselves other
sums of money such as travel allowances, as well as other side benefits.

SEC. 11: CONGRESSIONAL IMMUNITIES

1.)Immunity from arrest:
a.Legislators are privileged from arrest while Congress is in session with respect to
offenses punishable by up to 6 years of imprisonment. Thus, whether Congress is in
regular or special session, the immunity from arrest applies.
b.If Congress is in recess, members thereof may be arrested.
c.The immunity is only with respect to arrests and NOT to prosecution for criminal
offenses.

2.)Legislative privilege:
a.No member shall be questioned or held liable in any forum other than his/her
respective Congressional body for any debate or speech in the Congress or in any
Committee thereof.
b.Limitation on the privilege:
(i)Protection is only against forum other than Congress itself. Thus for inflammatory
remarks which are otherwise privileged, a member may be sanctioned by either the
Senate or the House as the case may be.
(ii)The speech or debate must be made in performance of their duties as members
of Congress. This includes speeches delivered, statements made, votes cast, as
well as bills introduced, and other activities done in performance of their official
duties.
(iii)Congress need NOT be in session when the utterance is made, as long as it
forms part of legislative action, i.e. part of the deliberative and communicative
process used to participate in legislative proceedings in consideration of proposed
legislation or with respect to other matters with Congress jurisdiction.

SEC. 12. All Members of the Senate and the House of Representatives shall, upon
assumption of office, make a full disclosure of their financial and business interests.
They shall notify the House concerned of a potential conflict of interest that may
arise from the filing of a proposed legislation of which they are authors.

SEC. 13-14: CONGRESSIONAL DISQUALIFICATIONS:

Disqualifications:

DISQUALIFICATION
1. Senator/Member of the
House cannot hold any
other
office
or
employment
in
the
Government
or
any
subdivision, agency or
Instrumentality
thereof,
including GOCCS or their
subsidiaries.
2. Legislators cannot be
appointed to any office.

3.
Legislators
cannot
personally
appear
as
counsel before any court
of
justice,
electoral
tribunal, quasi-judicial and
administrative bodies.
4. Legislators cannot be
financially
interested
directly or indirectly in any
contract with or in any
franchise,
or
special
privilege granted by the
Government,
or
any
subdivision, agency or
instrumentality
thereof,
including any GOCC or its
subsidiary.
5.
Legislators
cannot
intervene
in
any
matterbefore any office of
the government.

WHEN APPLICABLE
During his term.
If he
does so, he forfeits his
seat.

IF the office was created

or the emoluments thereof
increased during the term
for which he was elected.
During his term of office.

During his term of office.

When
it
is
for
his
pecuniary
benefit
or
where he may be called
upon to act on account of
his office.

SEC. 15: REGULAR AND SPECIAL SESSIONS

Regular Sessions:
1.)Congress convenes once every year on the 4thMonday of July (unless otherwise
provided for by law)

2.)Continues in session for as long as it sees fit, until 30 days before the opening of
the next regular session, excluding Saturdays, Sundays, and legal holidays.
Special Sessions:
Called by the President at any time when Congress is not in session.

SEC. 16. Officers:

1.)Senate President;
2.)Speaker of the House; and
3.)Each House may choose such other officers as it may deem necessary.

Election of Officers
By a majority vote of all respective members.

Quorum to do business:
1.Majority of each House shall constitute a quorum.
2.A smaller number may adjourn from day to day and may compel the attendance
of absent members.
3.In computing a quorum, members who are outside the country and thus outside of
each Houses coercive jurisdiction are not included.

Internal Rules:
1.Each House shall determine its own procedural rules.
2.Since this is a power vested in Congress as part of its inherent powers, under the
principle of separation of powers, the courts cannot intervene in the implementation
of these rules insofar as they affect the members of Congress.
3.Also, since Congress has the power to make these rules, it also has the power to
ignore them when circumstances so require.

Discipline:

1.)Suspension
a.Concurrence of 2/3 of ALL its members and
b.Shall not exceed 60 days.
2.)Expulsion
a.Concurrence of 2/3 of ALL its members.

Congressional Journals and Records:

1.)The Journal is conclusive upon the courts.
2.)BUT an enrolled bill prevails over the contents of the Journal.
3.)An enrolled bill is the official copy of approved legislation and bears the
certifications of the presiding officers of each House. Thus where the certifications
are valid and are not withdrawn, the contents of the enrolled bill are conclusive
upon the courts as regards the provision of that particular bill

Adjournments:
1.)Neither House can adjourn for more than 3 days during the time Congress is in
session without the consent of the other House.
2.)Neither can they adjourn to any other place than that where the two houses are
sitting, without the consent of the other.

Section 17: THE ELECTORAL TRIBUNALThe Senate and the House shall each have an
Electoral Tribunal which shall be composed of:
1. 3 Supreme Court Justices to be designated by the Chief Justice; &
2. 6 Members of the Senate or House, as the case may be.
The senior Justice in the Electoral Tribunal shall be its Chairman.
Note: The congressional members of the ETs shall be chosen on the basis of
proportional representation from the political parties and party-list organizations.
Jurisdiction:
1.)Each ET shall be the sole judge of all CONTESTS relating to the election,
returns, and qualifications of their respective members.
This includes

determining the validity or invalidity of a proclamation declaring a particular

candidate as the winner.
2.)An election contest is one where a defeated candidate challenges the
qualification and claims for himself the seat of a proclaimed winner.
3.)In the absence of an election contest, the ET is without jurisdiction. However,
the power of each House to expel its own members or even to defer their oathtaking until their qualifications are determined may still be exercised even
without an election contest.

Issues regarding the Electoral Tribunals:

1.)Since the ETs are independent constitutional bodies, independent even of
House from which the members are respectively taken, neither Congress nor
Courts may interfere with procedural matters relating to the functions of
ETs, such as the setting of deadlines or filing their election contests with
respective ETs.

the
the
the
the

2.)The ETs being independent bodies, its members may not be arbitrarily
removed from their positions in the tribunal by the parties which they represent.
Neither may they be removed for not voting according to party lines, since they
are acting independently of Congress.
3.)The mere fact that the members of either the Senate or the House sitting on
the ET are those which are sought to be disqualified due to the filing of an
election contest against them does not warrant all of them from being
disqualified from sitting in the ET. The Constitution is quite clear that the ET
must act with both members from the SC and from the Senate or the House. If
all the legislator-members of the ET were to be disqualified, the ET would not be
able to fulfill its constitutional functions.
4.)Judicial review of decisions of the ETs may be had with the SC only insofar as
the decision or resolution was rendered without or in excess of jurisdiction or
with grave abuse of discretion constituting denial of due process.

Section 18: THE COMMISSION ON APPOINTMENTS

Composition:
1.)Senate President as ex-officio chairman;
2.)12 Senators; and

3.)12 Members of the House.

Note: The 12 Senators and 12 Representatives are elected on the basis of
proportional representation from the political parties and party-list organizations.
Voting/Action
1.)The chairman shall only vote in case of a tie.
2.)The CA shall act on all appointments within 30 session days from their
submission to Congress.
3.)The Commission shall rule by a majority vote of all the Members.

Jurisdiction
1.)CA shall confirm the appointments by the President with respect to the
following positions:
a.Heads of the Executive Departments (except if it is the Vice-President who is
appointed to the post).
b.Ambassadors, other public ministers or consuls.
c.Officers of the AFP from the rank of Colonel or Naval Captain: and
d.Other officers whose appointments are vested in him by the Constitution (e.g.
COMELEC members).

2.)Congress CANNOT by law prescribe that the appointment of a person to an

office created by such law shall be subject to confirmation by the CA.
3.)Appointments extended by the President to the above-mentioned positions
while Congress is not in session shall only be effective until disapproval by the
CA or until the next adjournment of Congress.

Meetings of the CA
1.)CA meets only while Congress is in session.
2.)Meetings are held either at the call of the Chairman or a majority of all its
members.

3.)Since the CA is also an independent constitutional body, its rules of procedure

are also outside the scope of congressional powers as well as that of the
judiciary.
Note: The ET and the CA shall be constituted within 30 days after the Senate
and the House of Representative shall have been organized with the election of
the President and the Speaker

Sections 21-22: LEGISLATIVE INQUIRIES

Scope:
1.Either House or any of their committees may conduct inquires in aid of
legislation.
2.In aid of legislation does not mean that there is pending legislation regarding
the subject of the inquiry. In fact, investigation may be needed for purposes of
proposing future legislation.
3.If the stated purpose of the investigation is to determine the existence of
violations of the law, the investigation is no longer in aid of legislation but in
aid of prosecution. This violates the principle of separation of powers and is
beyond the scope of congressional powers.

Enforcement:
1.Since experience has shown that mere requests for information does not usually
work, Congress has the inherent power to punish recalcitrant witnesses for
contempt, and may have them incarcerated until such time that they agree to
testify.
2.The continuance of such incarceration only subsists for the lifetime, or term, of
such body. Once the body ceases to exist after its final adjournment, the power to
incarcerate ceases to exist as well. Thus, each Congress of the House lasts for
only 3 years. But if one is incarcerated by the Senate, it is indefinite because the
Senate, with its staggered terms, is a continuing body.
3.BUT, in order for a witness to be subject to this incarceration, the primary
requirement is that the inquiry is within the scope of Congress powers. i.e. it is in
aid of legislation.
4.The materiality of a question is determined not by its connection to any actually
pending legislation, but by its connection to the general scope of the inquiry.

5.The power to punish for contempt is inherent in Congress and this power is sui
generis. It cannot be exercised by local government units unless they are expressly
authorized to do so.

Limitations:
1.The inquiry must be conducted in accordance with the duly published rules of
procedure of the House conducting the inquiry; and
2.The rights of persons appearing in or affected by such inquiries shall be
respected. Ex. The right against self-incrimination.

Appearance by department heads before Congress:

1.Since members of the executive department are co-equals with those of the
legislative department, under the principle of separations of powers, department
heads cannot be compelled to appear before Congress.
Neither may the
department heads impose their appearance upon Congress.
2.Department heads may appear before Congress in the following instances:a.Upon
their own initiative, with the consent of the President (and that of the House
concerned); orb.Upon the request of either House (which cannot compel them to
attend)
3.The appearance will be conducted in EXECUTIVE SESSION when:
a.Required by the security of state or required by public interest; and
b.When the President so states in writing

Sections 23-24. DECLARATION OF WAR/EMERGENCY POWERS

Vote requirement: (to declare the existence of a state of war)
1. 2/3 of both Houses, in joint session
2. 2.Voting separately
Emergency powers:
1.During times of war or other national emergency, Congress may, BY LAW,
authorize the President to exercise powers necessary and proper to carry out a
declared national policy.
2.Limitations:

a.Powers will be exercised for a limited period only; and

b.Powers will be subject to restrictions prescribed by Congress
3.Expiration of emergency powers
a.By resolution of Congress or
b.Upon the next adjournment of Congress

Sections 24-27, 30-31 LEGISLATION

Bills that must originate from the House of Representatives (Section 24)
R T Pu Lo P

CODE: A

1.Appropriation bills
2.Revenue bills
3.Tariff bills
4.Bills authorizing the increase of public debt
5.Bills of local application
6.Private bills
Note: The Senate may, however, propose or concur with amendments.

Appropriation bills
1.The primary and specific aim of an appropriation bill is to appropriate a sum of
money from the public treasury.
2.Thus, a bill enacting the budget is an appropriations bill.
3.BUT: A bill creating a new office, and appropriating funds therefor is NOT an
appropriation bill.

Revenue Bill
1. A revenue bill is one specifically designed to raise money or revenue through
imposition or levy.

2. Thus, a bill introducing a new tax is a revenue bill, but a provision in, for instance,
the Videogram Regulatory Board law imposing a tax on video rentals does not make
the law a revenue bill.

Bills of local application

A bill of local application, such as one asking for the conversion of a municipality
into a city, is deemed to have originated from the House provided that the bill of the
House was filed prior to the filing of the bill in the Senate even if, in the end, the
Senate approved its own version.

Limitations:
1. For appropriation bills:
a.Congress cannot increase the appropriations recommended by the President for
the operation of the Government as specified in the budget.
b.Each provision or enactment in the General Appropriations Bill must relate
specifically to some particular appropriation therein and any such provision or
enactment must be limited in its operation to the appropriation to which it relates.
c.The procedure in approving appropriations for Congress shall strictly follow the
procedure for approving appropriations for other departments and agencies.
d.A special appropriations bill must specify the purpose for which it is intended and
must be supported by funds actually available as certified by the National Treasurer
or to be raised by a corresponding revenue proposal therein.
e.Transfer of appropriations:
i.Rule: No law shall be passed authorizing any transfer of appropriations
ii.BUT the following may, BY LAW, be authorized to AUGMENT any item in the
general appropriations law for their respective offices from savings in other items of
their respective appropriations
-President
-President of the Senate
-Speaker of the House of Representatives
-Chief of Justice of the Supreme Court

-Heads of the Constitutional Commissions

f.Discretionary funds appropriated for particular officials shall be:
i.Disbursed only for public purposes;
ii.Should be supported by appropriate vouchers; andiii.Subject to guidelines as may
be prescribed by law.
g.If Congress fails to pass General Appropriations Bill (GAB) by the end of any fiscal
year:
i. The GAB for the previous year is deemed re-enacted
ii. It will remain in full force and effect until the GAB is passed by Congress.

2. For law granting tax exemptionIt should be passed with the concurrence of a
MAJORITY of ALL the members of Congress.
3. For bills in generala.Every bill shall embrace only one (1) subject, as expressed in
the title thereof
i. As a mandatory requirement
ii. The title does not have to be a complete catalogue of everything stated in the
bill. It is sufficient if the title expresses the general subject of the bill and all the
provisions of the statute are germane to that general subject.
iii. A bill which repeals legislation regarding the subject matter need not state in the
title that it is repealing the latter. Thus, a repealing clause in the bill is considered
germane to the subject matter of the bill.

b.Readings
1.In order to become a law, each bill must pass three (3) readings in both Houses.
2.General rule: Each reading shall be held on separate days & printed copies thereof
in its final form shall be distributed to its Members three (3) days before its passage.
3.Exception: If a bill is certified as urgent by the President as to the necessity of its
immediate enactment to meet a public calamity or emergency, the 3 readings can
be held on the same day.
4.First reading only the title is read; the bill is passed to the proper committee

Second reading Entire text is read and debates are held, and amendments
introduced.
Third reading only the title is read, no amendments are allowed. Vote shall be
taken immediately thereafter and the yeas and nays entered in the journal.

Veto power of President:

1.Every bill, in order to become a law, must be presented to and signed by the
President.
2.If the President does not approve of the bill, he shall veto the same and return it
with his objections to the House from which it originated. The House shall enter the
objections in the Journal and proceed to reconsider it.
3.The President must communicate his decision to veto within 30 days from the
date of receipt thereof. If he fails to do so, the bill shall become a law as if he
signed it.
4.This rule eliminates the pocket veto whereby the President would simply refuse
to act on the bill.
5.To OVERRIDE the veto, at least 2/3 of ALL the members of each House must agree
to pass the bill. In such case, the veto is overriden and becomes a law without
need of presidential approval.
6.Item veto
a.The President may veto particular items in an appropriation, revenue or tariff bill.
b.This veto will not affect items to which he does not object.
c.Definition of item

TYPE OF BILL
1. Revenue/tax bill
2. Appropriations bill

ITEM
Subject of the tax and the tax rate
imposed thereon
Indivisible sum dedicated to a stated
purpose

d.Veto of RIDER
1.A rider is a provision which does not relate to a particular appropriation stated in
the bill.

2.Since it is an invalid provision under Section 25(2), the President may veto it as an
item.

Section 28. POWER TO TAX

Limitations:
1)The rule of taxation should be UNIFORM
2)It should be EQUITABLE
3)Congress should evolve a PROGRESSIVE system of taxation.
4)The power to tax must be exercised for a public purpose because the power exists
for the general welfare
5)The due process and equal protection clauses of the Constitution should be
observed

Delegation of power to fix rates

1)Congress may, BY LAW, authorize the President to fix the following:
a)Tariff rates
b)Import and Export Quotas
c)Tonnage and wharfage dues
d)Other duties and impostsWithin the framework of the national development
program of the Government
2)The exercise of such power by the President shall be within the specified limits
fixed by Congress and subject to such limitations and restrictions as it may impose.

Constitutional tax exemptions:

1)The following properties are exempt from REAL PROPERTY taxes
(CODE: Cha Chu M- CA)
a)Charitable institutions
b)Churches, and parsonages or convents appurtenant thereto

c)Mosques
d)Non-profit cemeteries; and
e)All lands, buildings and improvements actually, directly and exclusively used for
religious, charitable, or educational purposes.

2)All revenues and assets of NON-STOCK NON-PROFIT EDUCATIONAL institutions are

exempt from taxes and duties PROVIDED that such revenues and assets are
actually, directly and exclusively used for educational purposes. (Art. XIV Sec 4 (3))
3)Grants, endowments, donations or contributions used actually, directly and
exclusively for educational purposes shall be exempt from tax. This is subject to
conditions prescribed by law. (Art. XIV. Sec 4 (4))

Section 29. Power of the Purse

1)No money shall be paid out of the National Treasury EXCEPT in pursuance of an
appropriation made by law.
a)This places the control of public funds in the hands of Congress.
b)BUT: This rule does not prohibit continuing appropriations. e.g. for debt servicing.
This is because the rule does not require yearly, or annual appropriation.

2)Limitations.
a)Appropriations must be for a PUBLIC PURPOSE
b)Cannot appropriate public funds or property, directly or indirectly, in favor of
(i)Any sect, church, denomination, or sectarian institution or system of religion or
(ii)Any priest, preacher, minister, or other religious teacher or dignitary as such.
EXCEPT if the priest, etc is assigned to:
-the Armed Forces; or
-any penal institution; or
-government orphanage; or
-leprosarium

c)BUT the government is not prohibited from appropriating money for a valid
secular purpose, even if it incidentally benefits a religion, e.g. appropriations for a
national police force is valid even if the police also protects the safety of clergymen.
d)ALSO, the temporary use of public property for religious purposes is valid, as long
as the property is available for all religions
3)Special Funds
a)Money collected on a tax levied for a special purpose shall be treated as a special
fund and paid out for such purpose only.
b)Once the special purpose is fulfilled or abandoned, any balance shall be
transferred to the general funds of the Government

Section 32. INITIATIVE AND REFERENDUM

1)Through the system of initiative and referendum, the people can directly propose
and enact laws or approve or reject any act or law or part thereof passed by the
Congress or local legislative body.
2)Required Petition
a)Should be signed by at least 10% of the total number of registered voters
b)Every legislative district should be represented by at least 3% of the registered
voters
c)Petition should be registered

ARTICLE VII. THE EXECUTIVE DEPARTMENT

Section 1. EXECUTIVE POWER
Scope:
1)Executive power is vested in the President of the Philippines.
2)The scope of this power is set forth in Art. VII of the Constitution. But this power
is not limited to those set forth therein. The SC, in Marcos v. Manglapus, referred to
the RESIDUAL powers of the President as the Chief Executive of the country, which
powers include others not set forth in the Constitution. EXAMPLE: The President is
immune from suit and criminal prosecution while he is in office.

3)Privilege of immunity from suit is personal to the President and may be invoked by
him alone. It may also be waived by the President, as when he himself files suit.
4)BUT The President CANNOT dispose of state property unless authorized by law.
Section 2. QUALIFICATIONS
1)Natural-born citizen of the Philippines
2)Registered voter;
3)Able to read and write;
4)At least 40 years old on the day of election
5)Philippine resident for at least 10 years immediately preceding such election.

Note: The Vice-President has the same qualifications & term of office as the
President. He is elected with & in the same manner as the President. He may be
removed from office in the same manner as the President.

Section 4. MANNER OF ELECTION/ TERM OF OFFICEManner of Election

1)The President and Vice-President shall be elected by direct vote of the people.
2)Election returns for President and Vice-President, as duly certified by the proper
Board of Canvassers shall be forwarded to Congress, directed to the Senate
President.
3)Not later than 30 days after the day of the election, the certificates shall be
opened in the presence of both houses of Congress, assembled in joint public
session.
4)The Congress, after determining the authenticity and due execution of the
certificates, shall canvass the votes.
5)The person receiving the highest number of votes shall be proclaimed elected.
6)In case of a tie between 2 or more candidates, one shall be chosen by a majority
of ALL the members of both Houses, voting separately. In case this results in a
deadlock, the Senate President shall be the acting President until the deadlock is
broken.

7)The Supreme Court en banc shall act as the sole judge over all contests relating to
the election, returns, and qualifications of the President or Vice-President and may
promulgate its rules for the purpose.

Term of Office
1)President
a)6 years beginning at noon on 30 June immediately following the election and
ending at noon on the same day 6 years later.
b)Term limitation: Single term only; not eligible for any reelection.
c)Any person who has succeeded as President, and served as such for more than 4
years shall NOT be qualified for election to the same office at any time.
2)Vice-President:
a)6 years, starting and ending the same time as the President.
b)Term limitation: 2 successive terms.
c)Voluntary renunciation of the office for any length of time is NOT an interruption in
the continuity of service for the full term for which the Vice-President was elected.

Section 6. SALARIES AND EMOLUMENTS

1)Official salaries are determined by law.
2)Salaries cannot be decreased during the TENURE of the President and the VicePresident.
3)Increases take effect only after the expiration of the TERM of the incumbent
during which the increase was approved.
4)Prohibited from receiving any other emolument from the government or any other
source during their TENURE

Sections 7-12, PRESIDENTIAL SUCCESSION

1.Vacancies at the beginning of the term

VACANCY
President-elect fails to qualify or to be
chosen
President-elect dies or is permanently
disabled.
Both President and VP-elect are not
chosen or do not qualify or both die, or
both become permanently disabled.

SUCCESSOR
VP-elect will be Acting President until
someone
is
qualified/chosen
as
President.
VP becomes President.
1.Senate President or2.In case of his
inability, the Speaker of the House shall
act as President until a President or a VP
shall have been chosen and qualified.In
case of death or disability of (1) and (2),
Congress shall determine, by law, who
will be the acting President.

2. Vacancies after the office is initially filled:

VACANCY
President dies, is permanently disabled,
is impeached, or resigns.
Both President and Vice-President die,
become permanently disabled, are
impeached, or resign

SUCCESSOR
Vice-President becomes President for the
unexpired term.
1.Senate President or2.In case of his
inability, the Speaker of the House shall
act as President until the President or VP
shall have been elected and qualified.

3)Vacancy in office of Vice-President during the term for which he was elected:
a)President will nominate new VP from any member of either House of Congress.
b)Nominee shall assume office upon confirmation by majority vote of ALL members
of both Houses, voting separately. (Nominee forfeits seat in Congress)
4)Election of President and Vice-President after vacancy during term
a)Congress shall convene 3 days after the vacancy in the office of both the
President and the VP, without need of a call. The convening of Congress cannot be
suspended.
b)Within 7 days after convening, Congress shall enact a law calling for a special
election to elect a President and a VP. The special election cannot be postponed
c)The special election shall be held not earlier than 45 days not later than 60 days
from the time of the enactment of the law.
d)The 3 readings for the special law need not be held on separate days.
e)The law shall be deemed enacted upon its approval on third reading.

BUT: No special election shall be called if the vacancy occurs within 18 months
before the date of the next presidential election.

5)Temporary disability of the President:

The temporary inability of the President to discharge his duties may be raised in
either of two ways:
a)By the President himself, when he sends a written declaration to the Senate
President and the Speaker of the House. In this case, the Vice-President will be
Acting President until the President transmits a written declaration to the contrary.
b)When a majority of the Cabinet members transmit to the Senate President and
the Speaker their written declaration.
(i)The VP will immediately be Acting President.
(ii)BUT: If the President transmits a written declaration that he is not disabled, he
reassumes his position
(iii)If within 5 days after the President re-assumes his position, the majority of the
Cabinet retransmits their written declaration, Congress shall decide the issue. In
this event, Congress shall reconvene within 48 hours if it is not in session, without
need of a call.
(iv)Within 10 days after Congress is required to assemble, or 12 days if Congress is
not in session, a 2/3 majority of both Houses, voting separately, is needed to find
the President temporarily disabled, in which case, the VP will be Acting President.

6)Presidential Illness:
a)If the President is seriously ill, the public must be informed thereof.
b)Even during such illness, the National Security Adviser, the Secretary of Foreign
Affairs, and the Chief of Staff of the AFP are entitled to access to the President

Section 13. DISQUALIFICATIONS

SUBJECT
President,
Members,

Vice-President,
Cabinet
Deputies or Assistants of

SOURCE OF DISQUALIFICATION
Prohibited from:1.Holding any office or
employment
during
their
tenure,

Cabinet Members

Spouses and 4th

degree relatives of the
(consanguinity or affinity)

President

UNLESS:a.otherwise provided in the

Constitution (e.g. VP can be appointed a
Cabinet Member, Sec. of Justice sits on
Judicial and Bar Council); orb.the
positions are ex-officio and they do not
receive any salary or other emoluments
therefor (e.g. Sec. of Finance is head of
Monetary Board).2.Practicing, directly or
indirectly, any other profession during
their
tenure;3.Participating
in
any
business;4.Being financially interested in
any contract with, or in any franchise, or
special
privilege
granted
by
the
government or any subdivision, agency
or instrumentality thereof, including
GOCC's or their subsidiaries.N.B. The
rule on disqualifications for the President
and his Cabinet are stricter than the
normal rules applicable to appointive
and elective officers under Art. IX-B, Sec.
7.
Cannot be appointed during Presidents
tenure as:
1.Members
of
the
Constitutional
Commissions;
2.Office of the Ombudsman;
3.Department Secretaries;
4.Department under-secretaries;
5.Chairman or heads of bureaus or
offices including GOCCs and their
subsidiaries.
N.B.
a.If the spouse, etc., was already in any
of the above offices at the time before
his/her spouse became President, he/she
may continue in office. What is
prohibited
is
appointment
and
reappointment, NOT continuation in
office.
b.Spouses, etc., can be appointed to the
judiciary and as ambassadors and
consuls.

Sections 14-16. POWER TO APPOINTPrinciples:

1)Since the power to appoint is executive in nature, Congress cannot usurp this
function.
2)While Congress (and the Constitution in certain cases) may prescribe the
qualifications for particular offices, the determination of who among those who are
qualified will be appointed is the Presidents prerogative

Scope:
The President shall appoint the following:
1)Heads of executive departments (CA confirmation needed).
2)Ambassadors, other public ministers, and consuls (CA confirmation needed).
3)Officers of AFP from rank of colonel or naval captain (CA confirmation needed).
4)Other officers whose appointment is vested in him by the Constitution (CA
confirmation needed), such as:
a)Chairmen and members of the COMELEC, COA and CSC.
b)Regular members of the Judicial and Bar Council.
c)The Ombudsman and his deputies;
d)Sectoral representatives in Congress.
N.B. President also appoints members of the Supreme Court and judges of the
lower courts, but these appointments do not need CA confirmation.
5)All other officers whose appointments are not otherwise provided for by law; and
those whom he may be authorized by law to appoint.
a)This includes the Chairman and members of the Commission on Human Rights,
whose appointments are provided for by law NOT by the Constitution.
b)Congress may, by law, vest the appointment of other officers lower in rank in the
President alone or in the courts, or in the heads of departments, agencies, boards or
commissions.
c)BUT : Congress cannot, by law, require CA confirmation of the appointment of
other officers for offices created subsequent to the 1987 Constitution (e.g. NLRC
Commissioners, Bangko Sentral Governor).

d) ALSO: Voluntary submission by the President to the CA for confirmation of an

appointment which is not required to be confirmed does not vest the CA with
jurisdiction. The President cannot extend the scope of the CAs power as provided
for in the Constitution.

Procedure:
1)CA confirmation needed:
a)Nomination by President
b)Confirmation by CA
c)Appointment by President; and
d)Acceptance by appointee.
Note: At any time before all four steps have been complied with, the President can
withdraw the nomination/appointment.
2)No CA confirmation:
a)Appointment; and
b)Acceptance.
Note: Once appointee accepts, President can no longer withdraw the appointment

Ad-interim appointments:
1)When Congress is in recess, the President may still appoint officers to positions
subject to CA confirmation.
2)These appointments are effective immediately, but are only effective until they
are disapproved by the CA or until the next adjournment of Congress.
3)Appointments to fill an office in an acting capacity are NOT ad-interim in nature
and need no CA approval.

Appointments by an Acting President:

These shall remain effective UNLESS revoked by the elected President within 90
days from his assumption or re-assumption of office.

Limitation
1)2 months immediately before the next Presidential elections, and up to the end of
his term, the President or Acting President SHALL NOT make appointments. This is
to prevent the practice of midnight appointments.
2)EXCEPTION:
a)Can make TEMPORARY APPOINTMENTS
b)To fill EXECUTIVE POSITIONS;
c)If continued vacancies therein will prejudice public service or endanger public
safety.

Section 17. Power of Control and Supervision

Power of Control:
The power of an officer to alter, modify, or set aside what a subordinate officer has
done in the performance of his duties, and to substitute the judgment of the officer
for that of his subordinate. Thus, the President exercises control over all the
executive departments, bureaus, and offices.
The Presidents power over government-owned corporations comes not from the
Constitution but from statute. Hence, it may be taken away by statute.

Qualified Political Agency:

1)Since all executive and administrative organizations are adjuncts of the Executive
Department, the heads of such departments, etc. are assistants and agents of the
President.
2)Thus, generally the acts of these department heads, etc, which are performed and
promulgated in the regular course of business, are presumptively the acts of the
President.
3)Exception: If the acts are disapproved or reprobated by the President.
4)Under Administrative Law, decisions of Department Secretaries need not be
appealed to the President in order to comply with the requirement of exhaustion of
administrative remedies.

5)Qualified political agency does NOT apply if the President is required to act in
person by law or by the Constitution. Example: The power to grant pardons must
be exercised personally by the President.

Disciplinary Powers:
1)The power of the President to discipline officers flows from the power to appoint
the, and NOT from the power control.
2)BUT While the President may remove from office those who are not entitled to
security of tenure, or those officers with no set terms, such as Department Heads,
the officers, and employees entitled to security of tenure cannot be summarily
removed from office.

Power of Supervision:
1)This is the power of a superior officer to ensure that the laws are faithfully
executed by subordinates.
2)The power of the president over local government units is only of general
supervision. Thus, he can only interfere with the actions of their executive heads if
these are contrary to law.
3)The execution of laws is an OBLIGATION of the President. He cannot suspend the
operation of laws.
4)The power of supervision does not include the power of control; but the power of
control necessarily includes the power of supervision.

Section 18. COMMANDER-IN-CHIEF POWERS

Scope:
1)The President is the Commander-in-Chief of the Armed Forces.
2)Whenever necessary, the President may call out the AFP to PREVENT or
SUPPRESS:
a)Lawless violence;
b)Invasion; or
c)Rebellion.

3)The President may also:

a)Suspend the privilege of the writ of habeas corpus; and
b)Proclaim a state of martial law.

Suspension of the privilege of the writ of habeas corpus and declaring martial law;
1.Grounds
a.Invasion or
b.Rebellion; and
c.Public safety requires it.
2.The invasion or rebellion must be ACTUAL and not merely imminent.

3.Limitations:
a.Suspension or proclamation is effective for only 60 days.
b.Within 48 hours from the declaration or suspension, the President must submit a
report to Congress.
c.Congress, by majority vote and voting jointly, may revoke the same, and the
President cannot set aside the revocation.
d.In the same manner, at the Presidents initiative, Congress can extend the same
for a period determined by Congress if:
i. Invasion or rebellion persist and
ii. Public safety requires it.
NOTE: Congress CANNOT extend the period motu propio.

e.Supreme Court review:

i. The appropriate proceeding can be filed by any citizen.
ii. The SC can review the FACTUAL BASIS of the proclamation or suspension.
iii. Decision is promulgated within 30 days from filing.

f.Martial Law does NOT:

i. Suspend the operation of the Constitution.
ii. Supplant the functioning of the civil courts or legislative assemblies.
iii. Authorize conferment of jurisdiction on military courts over civilians where civil
courts are able to function and
iv. Automatically suspend the privilege of the writ.
g.Suspension of privilege of the writ:
i. Applies ONLY to persons judicially charged for rebellion or offenses inherent in or
directly connected with invasion.
ii. Anyone arrested or detained during suspension must be charged within 3 days.
Otherwise he should be released.
Note: While the suspension of the privilege of writ and the proclamation of martial
law is subject to judicial review, the actual use by the President of the armed forces
is not. Thus, troop deployments in times of war is subject to the Presidents
judgment and discretion.

Section 19: EXECUTIVE CLEMENCYScope:

1.)The President may grant the following:
[ Pa R C Re]
a.Pardons (conditional or plenary)
b.Reprieves
c.Commutations
d.Remittance of fines and forfeitures2.)These may only be granted AFTER conviction
by final judgment.
3.)ALSO: The power to grant clemency includes cases involving administrative
penalties.
4.)Where a conditional pardon is granted, the determination of whether it has been
violated rests with the President.

Limitations:

1.)As to scope:Cannot be granted:

a.)Before conviction
b.)In cases of impeachment
c.)For violations of election laws, rules, and regulation without the favorable
recommendation of the COMELEC
d.)In cases of civil or legislative contempt
2.)As to effect:
a.)Does not absolve civil liabilities for an offense.
b.)Does not restore public offices already forfeited, although eligibility for the same
may be restored.

Amnesty:
1.)An act of grace concurred in by Congress, usually extended to groups of persons
who commit political offenses, which puts into oblivion the offense itself.
2.)President alone CANNOT grant amnesty.
majority of all the members of Congress.

Amnesty needs concurrence by a

3.)When a person applies for amnesty, he must admit his guilt of the offense which
is subject to such amnesty. If his application is denied, he can be convicted based
on this admission of guilt.
4.)Amnesty V. Pardon
AMNESTY
Addressed to POLITICAL offenses
Granted to a CLASS of persons
Need not be accepted
Requires concurrence of majority of all
members of Congress
A public act. Subject to judicial notice
Extinguishes the offense itself

May be granted
conviction

before

or

after

PARDON
Addressed to ORDINARY offenses
Granted to INDIVIDUALS
Must be accepted
No need for Congressional concurrence
Private act of President. It must be
proved.
Only penalties are extinguished.
May or may not restore political rights.
Absolute pardon restores. Conditional
does not.
Civil indemnity is not extinguished.
Only granted after conviction by final
judgement

Section 20. Power to Contract or Guarantee Foreign Loans

Limitations:
(1) The President may contract or guarantee foreign loans on behalf of the Republic
of the Philippines with the prior concurrence of the Monetary Board; and
(2) Subject to such limitations as may be provided by law.

Section 21. Foreign Relations Powers include:

(1) Power to negotiate treaties and other international agreements
(a) BUT: Such treaty of international agreement must be concurred in by at least
2/3 of all Senators in order to be valid and effective in our country.
(b) Options of Senate when a treaty is submitted for its approval:
(i)Approve with 2/3 majority;
(ii)Disapprove outright; or
(iii)Approve conditionally, with suggested amendments.
(c) If treaty is not re-negotiated, no treaty
(d) If treaty is re-negotiated and the Senates suggestions are incorporated, the
treaty will go into effect without need of further Senate approval.
Note:
While our municipal law makes a distinction between international agreements and
executive agreements, with the former requiring Senate approval and the latter not
needing the same, under international law, there is no such distinction.
Note:
The President cannot, by executive agreement, undertake an obligation which
indirectly circumvents a legal prohibition.
(e) Conflict between treaty and municipal law.
(i) Philippine court:The later enactment will prevail, be it treaty or law, as it is the
latest expression of the States will.

(ii) International tribunal

Treaty will always prevail. A State cannot plead its municipal law to justify
noncompliance with an international obligation.
(2) Power to appoint ambassadors, other public ministers, and consuls.
(3) Power to receive ambassadors and other public ministers accredited to the
Philippines.
(4) Power to contract and guarantee foreign loans on behalf of the Republic
(5) Power to deport aliens
(a)This power is vested in the President by virtue of his office, subject only to
restrictions as may be provided by legislation as regards the grounds for
deportation.
(b)In the absence of any legislative restriction to authority, the President may still
exercise this power.
(c)The power to deport aliens is limited by the requirements of due process, which
entitles the alien to a full and fair hearing.BUT:The alien is not entitled to bail as a
matter of right.

ARTICLE VIII. THE JUDICIAL DEPARTMENT

SEC. 1. JUDICIAL POWER
Scope:
1. Judicial power is the authority to settle justiciable controversies or disputes
involving rights that are enforceable and demandable before the courts of justice or
the redress of wrongs for violations of such rights.
2. Vested in the Supreme Court and such lower courts as may be established by
law.
3. Since the courts are given judicial power and nothing more, courts may neither
attempt to assume or be compelled to perform non-judicial functions. They may not
be charged with administrative functions except when reasonably incidental to the
fulfillment of their duties.
4. In order that courts may exercise this power, there must exist the following:
a.An actual controversy with legally demandable and enforceable rights;

b.Involving real parties in interest;

c.The exercise of such power will bind the parties by virtue of the courts application
of existing laws.
5. Judicial power cannot be exercised in vacuum. Without any laws from which
rights arise and which are violated, there can be no recourse to the courts.
6. The courts cannot be asked for advisory opinions.
7. Judicial power includes:
a.The duty of the courts to settle actual controversies involving rights which are
legally demandable and enforceable; and
b.To determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the government.
Political Questions:
1. A political question is one the resolution of which has been vested by the
Constitution exclusively in either the people, in the exercise of their sovereign
capacity, or in which full discretionary authority has been delegated to a co-equal
branch of the Government.
2.
Thus, while courts can determine questions of legality with respect to
governmental action, they cannot review government policy and the wisdom
thereof, for these questions have been vested by the Constitution in the Executive
and Legislative Departments.

SEC. 2. ROLES OF CONGRESS

1. Defining enforceable and demandable rights and prescribing remedies for
violations of such rights; and
2. Determining the court with jurisdiction to hear and decide controversies or
disputes arising from legal rights.
3. Thus, Congress has the power to define, prescribe and apportion the jurisdiction
of various courts.
4.BUT, Congress cannot deprive the Supreme Court of its jurisdiction over cases
provided for in the Constitution.
5.Creation and abolition of courts:

a.The power to create courts implies the power to abolish and even re-organize
courts.
b.BUT this power cannot be exercised in a manner which would undermine the
security of tenure of the judiciary.
c.If the abolition/re-organization is done in good faith and not for political or
personal reasons, then it is VALID. (same rule applies for civil servants)
SEC. 3. FISCAL AUTONOMY
1.The entire judiciary shall enjoy fiscal autonomy.
2.Annual appropriations for the judiciary cannot be reduced below the amount
appropriated for the previous year.
3.Once approved, appropriations shall be automatically and regularly released.
SECS. 4-7; 12 JUDICIARY
Composition of the Supreme Court:
1.Chief Justice and
2.14 Associate Justices
Note: Members of the Supreme Court and of other courts established by law shall
not be designated to any agency performing quasi-judicial or administrative
functions.
Qualifications of members of the SC:
1. Natural born citizen of the Philippines
2. At least 40 years old
3. At least 15 years of experience as a judge or in the practice of law in the
Philippines
4. Person of proven competence, integrity, probity and independence.

Qualifications of members of lower collegiate courts (CA, CTA, Sandiganbayan)

1. Natural born citizen of the Philippines
2. Member of the Philippine bar
3. Possesses other qualifications prescribed by Congress

4. Person of proven competence, integrity, probity and independence.

Qualifications of judges of lower non-collegiate courts:

1. Citizen of the Philippines (may be a naturalized citizen)
2. Member of the Philippine Bar
3. Possesses other qualifications prescribed by Congress
4. Person of proven competence, integrity, probity and independence.

Section 8. JUDICIAL AND BAR COUNCIL

1. The Judicial and Bar Council is under the supervision of the SC.
A. Is under the supervision of the Supreme Court and is composed of:
1.Chief Justice, as ex-officio chairman
2.Secretary of Justice, as an ex-officio member
3.Representative of Congress, as an ex-officio member
4.Representative of the Integrated Bar
5.A professor of law
6.A retired member of the SC; and
7.Private sector representative
Note:
The last four re the regular members of the JBC. Regular members are appointed by
the President with CA approval. Regular members serve for 4 years, with staggered
terms.

B. Functions of JBC
1.Principal function: recommend appointees to the Judiciary
2.Exercise such other functions as the SC may assign to it.
C. Appointments to the Judiciary

1.President shall appoint from a list of at least 3 nominees for each vacancy, as
prepared by the JBC.
2.No CA confirmation is needed for appointments to the Judiciary.
3.Vacancies in SC should be filled within 90 days from the occurrence of the
vacancy.
4.Vacancies in lower courts should be filled within 90 days from submission to the
President of the JBC list

SEC. 10. SALARIES

1. Salaries of SC Justices and judges of lower courts shall be fixed by law.
2. Cannot be decreased during their continuance in office, but can be increased.
3. Members of the Judiciary are NOT exempt from payment of income tax.

SEC. 11. TENURE/DISCIPLINARY POWERS OF SC

1. Members of the SC and judges of the lower courts hold office during good
behavior untila. The age of 70 years old; orb. They become incapacitated to
discharge their duties.
2. Disciplinary action against judges of lower courts:
a. Only the SC en banc has jurisdiction to discipline or dismiss judges of lower
courts.
b. Disciplinary action/dismissal: Majority vote of SC Justices who took part in the
deliberations and voted therein.
3. Removal of SC Justices:
a. Only by IMPEACHMENT.
b. Cannot be disbarred while they hold office.

SECS. 4-6, 13. THE SUPREME COURT

Hearing of cases:
1.En banc; or

2.Divisions of 3, 5, or 7.
Cases required to be heard en banc:
1. All cases involving constitutionality of a/an:
a. Treaty
b. International or executive agreement or
c. Law.
2. All cases required to be heard en banc under the Rules of Court:
a. Appeals from Sandiganbayan; and
b. From the Constitutional Commissions
3. All cases involving the constitutionality, application or operation of
a. Presidential decrees
b. Proclamations
c. Orders
d. Instructions
e. Ordinances; and
f. Other regulations.
4. Cases heard by a division where required majority of 3 was not obtained.
5. Cases where SC modifies or reverses a doctrine or principle of law laid down by
the SC en banc or by a division.
6. Administrative cases to discipline or dismiss judges of lower courts; and
7. Election contests for President and Vice-President

Cases heard by division

1. Must be decided with the concurrence of a majority of the members who took
part in the deliberations and voted thereon.
2. Majority vote in a division should be at least 3 members.

Powers of the SC
1. SC has ORIGINAL jurisdiction over
a. Cases affecting ambassadors, other public ministers and consuls.
Note: This refers to foreign ambassadors, etc., stationed in the Philippines.
b. Petitions for certiorari, prohibiton, mandamus, quo warranto, and habeas corpus.
2. SC has APPELLATE jurisdiction over final judgments and orders in the following:
a. All cases involving the constitutionality or validity of any
i.treaty
ii.international or executive agreement
iii.law
iv.presidential decree
v.proclamation
vi.order
vii.instruction
viii.ordinance, or
ix.regulation;
b. All cases involving the legality of anyi.taxii.impostiii.assessment oriv.toll orv.any
penalty imposed in relation thereto;
c. All cases in which the jurisdiction of any lower court is in issue
d. Criminal cases where the penalty imposed is reclusion perpetua or higher; and
e. All cases where ONLY errors or questions of law are involved.
3. Temporarily assign lower court judges to other stations in the public interest.
Note: Temporary assignment shall not exceed 6 months without the consent of the
judge concerned.
4. Order a change of venue or place of trial to avoid a miscarriage of justice.5.
Promulgate rules concerning:
a. The protection and enforcement of constitutional rights;

b. Pleading, practice and procedure in all courts;

c. Admission to the practice of law;
d. The Integrated Bar; and
e. Legal assistance to the underprivilege
d.Limitations on Rule Making Power
a. It should provide a simplified and inexpensive procedure for the speedy
disposition of cases.
b. It should be uniform for all courts of the same grade.
c. It should not diminish, increase, or modify substantive rights.
6. Appoint ALL officials and employees of the Judiciary, in accordance with Civil
Service Law.
7. Exercise administrative supervision over ALL courts and the personnel thereof

Decisions of the Supreme Court:

1. Reached in consultation before being assigned to a member for the writing of the
opinion.
2. A certification to this effect must be signed by the Chief Justice and attached to
the record of the case and served upon the parties.
3. Members of the SC who took no part, or who dissented or abstained must state
the reasons therefore.
Note: This procedure shall also be observed by all lower collegiate courts (CA, CTA,
and the Sandiganbayan)

JUDICIAL REVIEW
Definition
1. Judicial Review is the power of the SC to declare a law, treaty, ordinance etc.
unconstitutional.
2.
Lower courts may also exercise the power of judicial review, subject to the
appellate jurisdiction of the SC.

3. Only SC decisions are precedent, and thus, only SC decisions are binding on all.

Requisites
Code:
[A R S Co R]
1. An ACTUAL CASE calling for the exercise of judicial power
2. The question involved must be RIPE FOR ADJUDICATION, i.e. the government act
must have had an adverse effect on the person challenging it.
3. The person challenging the governmental act must have STANDING, i.e. a
personal and substantial interest in the case such that he has sustained, or will
sustain, direct injury as a result of its enforcement.
4. The question of Constitutionality must be raised in the first instance, or at the
earliest opportunity.
5. Resolution of the issue of constitutionality is unavoidable or is the very lis mota.

Effect of a declaration of unconstitutionality:

1. Prior to the declaration that a particular law is unconstitutional, it is considered
as an operative fact which at that time had to be complied with.
2. Thus, vested rights may have been acquired under such law before it was
declared unconstitutional.
3. These rights are not prejudiced by the subsequent declaration that the law is
unconstitutional.

SEC. 14. DECISIONS

1. Decisions MUST state clearly and distinctly the facts and the law on which it is
based.
2. Refusal to give due course to petitions for review and motions for reconsideration
must state the legal basis for such refusal.
3. Memorandum decisions, where the appellate court adopts the findings of fact
and law of the lower court, are allowed as long as the decision adopted by reference
is attached to the Memorandum for easy reference.

4. These rules only apply to courts. They do not apply to quasi-judicial or

administrative bodies nor to military tribunals.

ARTICLE IX THE CONSTITUTIONAL COMMISSIONS

Section 1. Constitutional Commissions
Independent Constitutional Commissions
:1) Civil Service Commission (CSC)
2) Commission on Elections (COMELEC)
3) Commission on Audit (COA)
Why Independent?
They perform vital functions of government. Their integrity is protected by the fact
that they:
1) Are constitutionally created (Sec. 1)
2) Have independent powers of appointment (Sec. 4)
3) Each Commission may promulgate its own procedural rules (Sec. 6)
4) Fiscal autonomy (Sec. 5)
5) Salaries may not be diminished during their office (Sec. 3)
6) Commissioners have a fixed term
7) Commissioners are removable by impeachment only.

Section 2. DISQUALIFICATIONS

Disqualifications:
Members cannot, during their tenure:
1) Hold any other office or employment;
2) Engage in the practice of any profession;

3) Engage in the active management or control of any business, which, in any way,
may be affected by the functions of their office; and
4) Be financially interested, direct or indirect, in any contract, franchise, privilege
granted by the government, any of its subdivisions, agencies, instrumentalities,
including GOCC's and their subsidiaries.
Note:
The Ombudsman and his deputies are subject to the same qualifications.

Section 3. SALARIES
Salaries
1) Salaries are fixed by law and shall not be decreased during their TENURE.
2) Decreases in salaries only affect those members appointed AFTER increase.
3) Incumbent members do not lose any salary.
4) Increases take effect IMMEDIATELY.
Section 6. RULES OF PROCEDURE
Procedures:
1) Rules: The Commissions may promulgate its own rules EN BANC.
2) Limitation: It shall not:
a) Diminish,
b) Increase, or
c) Modify substantive rights.
3) Power of SC
a). The SC may not, under Art. VIII Sec. 5(5), exercise the power to disapprove rules
of "special courts and quasi-judicial bodies."
b). In proceedings before the Commissions, the rules of the Commission prevail.
c). In proceedings before a court, the Rules of Court prevail.
d). The SC may, however, in appropriate cases, exercise JUDICIAL REVIEW

Section 7. DECISION MAKING/APPEAL

Decision-Making:
1) Each commission shall decide matter or cases by a majority vote of all the
members within 60 days from submission.

COMELEC may sit en banc or in 2 divisions.

Election cases, including pre-proclamation controversies are decided in
division, with motions for reconsideration filed to the COMELEC en banc.
The SC has held that a majority decision decided by a division of the
COMELEC is a valid decision.

2) As COLLEGIAL BODIES, each commission must act as one, and no one member
can decide a case for the entire commission. (i.e. The Chairman cannot ratify a
decision which would otherwise have been void).

Appeals:
1) Decisions, orders or rulings of the COMELEC/COA may be brought on certiorari to
the SC under Rule 65.
2) Decisions, orders or ruling of the CSC should be appealed to the CA under Rule
43.
Enforcement:

It has been held that the CSC can issue a writ of execution to enforce
judgments which are final.

THE CIVIL SERVICE COMMISSION

Section 1. COMPOSITION/QUALIFICATIONS/TERM
Composition:
1) Chairman
2) Commissioners 2 commissioners

Qualifications:
1) Natural-born citizens of the Philippines;

2) At least 35 years old at the time of their appointments;

3) With proven capacity for public administration; and
4) NOT candidates for any elective position in the elections immediately preceding
their appointment.
5) Appointees by the President to the CSC need Commission on Appointments (CA)
confirmation

Term:
1) Chairman -7 years; Commissioner1 - 5 yrs; Commissioner2 - 3 yrs
2) Limitation: single term only, no reappointment
3) Appointment to vacancy: only for unexpired term of predecessor
4) No temporary appointments, or appointments in acting capacity

Section 2. Scope:
The Civil Service embraces all:
A. branches,
B. subdivisions,
C. instrumentalities,
D. agencies of the government,
E. including GOCCs with original charters.
1."With Original Charter" means that the GOCC was created by special law/by
Congress
2. If incorporated under the Corporation Code, it does not fall within the Civil
Service, and is not subject to the CSC jurisdiction.
3. Even if once government-controlled, then becomes privatized, ceases to fall
under CSC.
4. Jurisdiction is determined as of the time of filing the complaint.

Appointments to civil service shall be:

A. Competitive positions

According to merit and fitness to be determined by competitive examinations,

as far as practicable except to positions which are policy-determining,
primarily confidential, or highly technical.

B. Non-competitive positions
1). No need for competitive examinations.
2). 3 kinds
a) Policy-determining - formulate a method of action for the gov't
b) Primarily confidential - more than ordinary confidence; close intimacy
insures freedom of intercourse without betrayals of personal trust...
c) Highly technical - requires technical skill to a superior degree.

C. The TEST to determine whether non/competitive is the Nature of the

responsibilities, NOT the administrative or legislative description given to it.
D. Both types of positions are entitled to security of tenure. They only differ in the
MANNER in which they are filled.
E. Who may be appointed:
1). RULE: Whoever fulfills all the qualifications prescribed by law for a particular
position may be appointed therein.
2). The CSC cannot disapprove an appointment just because another person is
better qualified, as long as the appointee is himself qualified.
3). The CSC CANNOT add qualifications other than those provided by law.
F. Next-In-Rank Rule

While a person next in rank is entitled to preferential consideration, it does

not follow that only he, and no one else, can be appointed. Such person has
no vested right to the position and the appointing authority is not bound to
appoint the person next in rank.

Tenure (Classification of Positions)

Career Service
1. Entrance based on merit and fitness
to be determined as far as practicable by
competitive examinations or based on
highly technical qualifications.
2. Entitled to security of tenure

Non-Career Service
1. Entrance on bases OTHER than usual
tests of merit and fitness.

2.Tenure limited to:

a)Period specified by law,
b)Coterminous with the appointing
authority or subject to his pleasure, or
c)Limited to the duration of a particular
project
for
which
purpose
the
employment was made.

3. With opportunity for advancement to

higher career positions.
Security of Tenure:
1) Officers or employees of the Civil Service cannot be removed or suspended
EXCEPT for cause provided by law. It guarantees both procedural and substantive
due process.
2) For "LEGAL CAUSE" - Cause is:
a). related to and affects the administration of office, and
b). must be substantial (directly affects the rights & interests of the public)
3) Security of tenure for Non-competitive positions
a). Primarily confidential officers and employees hold office only for so long as
confidence in them remains.
b). If there is GENUINE loss of confidence, there is no removal, but the expiration of
the term of office
c). Non-career service officers and employees do not enjoy security of tenure.
d). Political appointees in the foreign service possess tenure coterminous with that
of the appointing authority or subject to his pleasure.
4) One must be VALIDLY APPOINTED to enjoy security of tenure. Thus, one who is
not appointed by the proper appointing authority does not acquire security of
tenure.

Abolition of Office
To be valid, abolition must be made:
(a) In good faith; (good faith is presumed)
(b) Not for political or personal reasons; and
(c) Not in violation of law.

Temporary employees are covered by the following rules:

1). Not protected by security of tenure - can be removed anytime even without
cause
2). If they are separated, this is considered an expiration of his term.
3). BUT: They can only be removed by the one who appointed them.
4). Entitled only to such protection as may be provided by law.

No officer or employee in the Civil Service shall engage in any electioneering or in

partisan political activity
1) Cannot solicit votes in favor of a particular candidate.
2) Cannot give campaign contributions or distribute campaign materials.
3) BUT: Allowed to express views on political issues, and to mention the names of
the candidates whom he supports.
4) Prohibition does not apply to department secretaries

Right to organize
The right to organize does NOT include the right to strike
Sections 6-7. DISQUALIFICATIONS
Disqualifications
1) Losing candidates in any election
a). Cannot be appointed to any office in the government or GOCC's or their
subsidiaries

b). Period of disqualification: One (1) year after such election.

2) Elective officials
a). Not eligible for appointment or designation ANY CAPACITY to ANY PUBLIC OFFICE
or position during their tenure.
b). EXCEPTION: May hold ex officio positions.
Examples:

The Vice President may be appointed Cabinet member

Congressman may sit in the Judicial and Bar Council

c). To be eligible to hold any other office, the elected official must first resign his
office
d). Even Congress cannot, by law, authorize the appointment of an elective official.
3). Appointive officials
a). Cannot hold any other office or employment in the government, any subdivision,
agency, instrumentality, including GOCC's and their subsidiaries.
b). EXCEPTION: Unless otherwise allowed by law, or by the primary functions of his
position.
c). This exception DOES NOT APPLY to Cabinet members, and those officers
mentioned in Art. VII, Sec. 13. They are governed by the stricter prohibitions
contained therein.

Section 8. COMPENSATION
1) Prohibitions: applies to elected or appointed officers and employees
Cannot receive:
A. Additional - an extra reward given for the same office i.e. bonus
B. Double - when an officer is given 2 sets of compensation for 2 different offices
held concurrently by 1 officer
C. Indirect Compensation

2) EXCEPTION: Unless specifically authorized by law

A. "SPECIFICALLY AUTHORIZED" means a specific authority particularly directed to
the officer or employee concerned.
B. BUT: per diems and allowances given as REIMBURSEMENT for expenses actually
incurred are not prohibited
3) Cannot accept any present, emolument, office, title of any kind from foreign
governments UNLESS with the consent of Congress.
4) Pensions and gratuities are NOT considered as additional, double, or indirect
compensation.

THE COMMISSION ON ELECTIONS

Section 1. COMPOSITION/QUALIFICATIONS/TERM
Composition: (7)
1)Chairman and
2)Commissioners (6)
Qualifications:
1) Natural-born citizens of the Philippines;
2) At least 35 years old at the time of appointment
3) Holders of college degrees; and
4) Not candidates for any elective position in the immediately preceding elections.
5) Majority of the Commission, including the Chairman must be:a). Members of the
Philippines Barb). Engaged in the practice of law for at least 10 years: any activity
in or out of court, which requires the application of law, legal procedure, knowledge,
training and experience.
6) Appointments subject to CA approval

Term:
1) Chairman -7 yrs; 3 Members - 7 yrs; 2 Members - 5 yrs; 1 Member - 3 yrs.

2) LIMITATION: Single term only: no reappointment allowed

3) Appointment to a vacancy: only for unexpired portion of predecessors term
4) No temporary appointments, or appointments in acting capacity
a). Thus, the President cannot designate an incumbent commissioner as acting
Chairman.
b). The choice of temporary chairman falls under the COMELECs discretion.

Section 2. POWERS AND FUNCTIONS

Powers:
1) Enforce and administer all laws and regulations relative to the conduct of an
election, plebiscite, initiative, referendum, and recall.
(a)Ex: COMELEC can enjoin construction of public works within 45 days of an
election.
3)Exercise:
A. Exclusive original jurisdiction over all contests relating to the elections, returns,
and qualifications of all elective
1. Regional,
2. Provincial, and
3. City officials
B. Appellate jurisdiction over all contests involving:
1. Elective municipal officials decided by trial courts of general jurisdiction
2. Elective barangay officials decided by trial courts of limited jurisdiction.
C. Decisions, final orders, or rulings of the Commission on election contests
involving elective municipal and barangay offices shall be final, executory, and not
appealable.
Exception: Appealable to the SC on questions of law.
D.Contempt powers

1. COMELEC can exercise this power only in relation to its adjudicatory or quasijudicial functions. It CANNOT exercise this in connection with its purely executive or
ministerial functions.
2. If it is a pre-proclamation controversy, the COMELEC exercises quasijudicial/administrative powers.
3. Its jurisdiction over contests (after proclamation), is in exercise of its judicial
functions.
E. The COMELEC may issue writs of certiorari, prohibition and mandamus in exercise
of its appellate jurisdiction. This is not an inherent power.
3) Decide, except those involving the right to vote, all questions affecting elections,
including determination of the number and location of polling places, appointment
of election officials and inspectors, and registration of voters.
Note: Questions involving the right to vote fall within the jurisdiction of the ordinary
courts.
4) Deputize, with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government, including the Armed Forces of the Philippines,
for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible
elections.
a). This power is NOT limited to the election period.
b). Applies to both criminal and administrative cases.
5) Registration of political parties, organizations, or coalitions/accreditation of
citizens arms of the Commission on Elections.
a). The political parties etc. must present their platform or program of government.
b). There should be sufficient publication
c). Groups which cannot be registered:
i. Religious denominations/sects
ii. Groups which seek to achieve their goals through violence or unlawful means
iii. Groups which refuse to uphold and adhere to the Constitution
iv. Groups which are supported by any foreign government.
d). BUT: Political parties with religious affiliation or which derive their principles
from religious beliefs are registerable.

e). Financial contributions from foreign governments and their agencies to political
parties, organizations, coalitions, or candidates related to elections constitute
interference in national affairs. If accepted, it is an additional ground for the
cancellation of their registration with the Commission, in addition to other penalties
that may be prescribed by law.
6)File, upon a verified complaint, or on its own initiative, petitions in court for
inclusion of exclusion of voters; investigate and, where appropriate, prosecute cases
of violations of election laws, including acts or omissions constituting elections
frauds, offenses and malpractices.
A.COMELEC has exclusive jurisdiction to investigate and prosecute cases for
violations of election laws.
B.COMELEC can deputize prosecutors for this purpose.
prosecutors are the actions of the COMELEC

The actions of the

C.Preliminary investigation conducted by COMELEC is valid.

7)Recommend to the Congress effective measures to minimize election spending,
including limitation of places where propaganda materials shall be posted, and to
prevent and penalize all forms of election frauds, offenses, malpractices, and
nuisance candidacies.
8)Recommend to the President the removal of any officer or employee it has
deputized, or the imposition of any other disciplinary action, for violation or
disregard or, or disobedience to its directive, order, or decision.
9)Submit to the President and the congress a comprehensive report on the conduct
of each election, plebiscite, initiative, referendum, or recall.

Section 3. RULES OF PROCEDURE/DECISION-MAKING

Rules of Procedure
1)COMELEC can sit en banc or in two divisions
2)It has the power to promulgate its own rules of procedure in order to expedite
disposition of election cases, including pre-election controversies.
Decision-Making
1) Election cases should be heard and decided in division. Provided that,
2) Motions for reconsideration of decisions should be decided by COMELEC en banc.
3) Decisions mean resolutions on substantive issues.

4)If a division dismisses a case for failure of counsel to appear, the Motion for
Reconsideration here may be heard by the division.5)EXCEPTION: COMELEC en banc
may directly assume jurisdiction over a petition to correct manifest errors in the
tallying of results by Board of Canvassers.

Section 4. SUPERVISION/REGULATION OF FANCHISES / PERMITS / GRANTS / SPECIAL

PRIVILEGES / CONCESSIONS
Regulation of franchises
A. What can COMELEC supervise or regulate
1). The enjoyment or utilization of all franchises or permits for the operation of
transportation and other public utilities, media of communication or information.
2). Grants, special privileges or concessions granted by the Government or any
subdivision, agency or instrumentality thereof, including any GOCC or its subsidiary

B. When can COMELEC exercise this power

1). During the election period
a). Under Article XI, Section 9, the election period commences 90 days before
the day of the election and ends 30 days thereafter.
b). In special cases, COMELEC can fix a period.
2). Applies not just to elections but also to plebiscites and referenda.
3). Plebiscite: Submission of constitutional amendments or important legislative
measures to the people ratification
4). Referendum: power of the electorate to approve or reject legislation through an
election called for that purpose.

COMELEC and the MEDIA

1). COMELEC cannot compel print media to donate free space to the COMELEC. It
may, however, compel it to provide space after paying just compensation.
2). Power of COMELEC is over franchises and permits, NOT individuals. For example,
COMELEC may not regulate media practitioners, for this would violate the freedom
of expression.

Section 5. No pardon, amnesty, parole, or suspension of sentence for violation of

election laws, rules, and regulations shall be granted by the President without the
favorable recommendation of the Commission.
Section 6
Definition of Political Party

organized group of persons pursuing the same political ideals in a

government and includes its branches, and divisions

Importance of registration of a political party

1)Registration confers juridical personality on the party.
2)It informs the public of the party's existence and ideals.
3)It identifies the party and its officers for purposes of regulation by the COMELEC.

Section 7. No votes cast in favor of a political party, organization, or coalition shall

be valid, except for those registered under the party-list system as provided in this
Constitution.
Prohibition on block-voting
1) General rule: Block voting NOT allowed
2) EXCEPTION: those registered under the party-list system
Section 8. PARTY LIST SYSTEM
No Right to be Represented in Various Boards

Political parties, organizations, or coalitions registered under the party-list

system shall NOT be represented in the following:

1). Voters registrations boards,

2). Boards of election inspectors,
3). Boards of canvassers, or
4). Other similar bodies.
Poll Watchers

Political parties, etc. are entitled to appoint poll watchers in accordance with
law.

Section 10. Bona fide candidates for any public office shall be free from any form of
harassment and discrimination.

This section does not give candidates immunity from suit.

Discrimination includes unequal treatment in the availment of media
facilities.

Section 11. FUNDING

How provided
1)Funds certified by the COMELEC as necessary to defray the expenses for holding
regular and special elections, plebiscites, initiative, referenda and recalls, shall
provided in the regular or special appropriations.
2)Funds should be certified by the COMELEC as necessary.
Release of funds

Once approved, funds should be released automatically upon certification by

the Chairman of COMELEC.

THE COMMISSION ON AUDIT

Section 1. COMPOSITION/QUALIFICATIONSComposition:
1)Chairman, and2)Commissioners (2).
Qualifications:
1)Natural-born citizens of the Philippines
2)At least 36 years old at the time of their appointment;
3)Either:
a). CPAs with at least 10 years auditing experience; or
b). Members of Phil. Bar with 10 years of practice.
4)Members cannot all belong to the same profession.

5)Subject to confirmation of the CA.

6)Must not have been candidates for any elective position in the elections
immediately preceding their appointment.

Term:
1)Chairman -7 yrs; Commissioner1 -5yrs; Commissioner - 2 -3 yrs.
2)LIMITATION: - Single terms only; no re-appointment allowed
3)Appointments to any vacancy shall only be for the unexpired portion of
predecessors term

Section 2. POWERS
1)Examine, audit, and settle accounts pertaining to:
A.Revenue and receipts of funds or property; or
B.Expenditures and uses of funds or property
Owned or held in trust by, or pertain to:
A.The Government;
B.Any of its subdivisions, agencies or instrumentalities;
C.Including GOCCs with original charters.

2)Conduct post-audit with respect to the following:

A.Constitutional bodies, commissions, and offices granted fiscal autonomy;
B.Autonomous state colleges and universities;
C.GOCCs and their subsidiaries incorporated under the Corporation Code.
D.None-governmental entities receiving subsidies or equity, directly or indirectly,
from or through the government, which are required by law of the granting of
institution to submit to such audit.

3)If COA finds internal control system of audited agencies as inadequate, COA may
adopt measures, including temporary or special pre-audit, as may be necessary.
4)Keep the general accounts of the government, preserving vouchers and other
supporting papers pertaining thereto.
5)Exclusive authority to define the scope of COAs audit and examination and to
establish the techniques and methods required therefor.
6)Promulgate accounting and auditing rules and regulations.
A.Including those for the prevention or disallowance of irregular, unnecessary,
excessive, extravagant, or unconscionable expenditures or uses of government
funds and properties.
B.Failure to comply with these rules can be a ground for disapproving the
payment of a proposed expenditure.

Note:
1)The functions of COA can be classified as:
A.Examine and audit all forms of government revenues;
B.Examine and audit all forms of govt expenditures
C.Settle govt accounts
D.Promulgate accounting and auditing rules (including those for the
prevention of irregularexpenditures.
E.To decide administrative cases involving expenditures of public funds.

2)COA can settle only LIQUIDATED ACCOUNTS or those accounts which may be
adjusted simply by arithmetic process.
3)COA has authority not just over accountable officers but also over other officers
who perform functions related to accounting such as verification of evaluations and
computation of fees collectible, and the adoption of internal rules of control.
4)COA does not have the power to fix the amount of an unfixed or undetermined
debt.
5)Where the following requirements are complied with, it becomes the ministerial
duty of the COA to approve and pass in audit vouchers for payment:

A.There is a law appropriating funds for a particular purpose;

B.There is a contract, made by the proper officer, entered into in conformity with
the above-mentioned law;
C.The goods or services covered by such contract have been delivered or rendered
in pursuance to such contract, as attested by the proper officer; and
D.Payment has been authorized by officials of the corresponding department or
bureau.

6)Prosecutors may still review accounts already settled and approved by COA for
the purpose of determining possible criminal liability. This is because COAs interest
in such accounts is merely administrative.
7)COA has the power to determine the meaning of public bidding and what
constitutes failure when regulations require public bidding for the sale of
government property.
Section 3. No law shall be passed exempting any entity of the Government or its
subsidiary in any guise whatever, or any investment of public funds, from the
jurisdiction of the Commission on Audit.

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