Constitutional Law 1 Notes-Scutarius PDF

CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES

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(SCUTARIUS LEGIS)
I. INTRODUCTORY CONCEPTS
A. Definitions: Political Law, Constitutional Law, Constitution
Political Law
a. Branch of public law which deals with the operation and
organization of the government organs of the state
b. Defines the relationship (rights and obligations) between the
state and the inhabitants of its territory
Branches of Political Law: (CALL)
1. Constitutional Law
2. Administrative Law - Law on Public Officers, Election Laws
3. Laws on Public Administration
4. Laws on Public Corporations
Public Law - branch of law which deals with the State, state
agencies, and the protection of state interests
Political Law
Criminal Law
International Law
Private Law - branch of law which deals with the relationship
between and among individuals
Civil Law
Commercial/Mercantile Law
*Public Law/Political Law - abrogated when there is a transfer in
sovereignty unless expressly reenacted or retained by the new
sovereign (Macariola vs. Asuncion)
* Private Law - retained unless expressly abrogated
Constitutional Law - study of the constitution and the principles
growing out of the interpretations of the provisions of the
constitution
Constitution:
a. Body of rules and maxims in accordance with which the
powers of sovereignty are habitually exercised
b. Serves as a limitation of a states power (state has inherent
powers)
Is the constitution the source of power of the state?
No. The constitution merely defines, limits, and establishes the
powers of the State, therefore it is not the source of power. The
source is the State itself. The constitution is the limitation of the
otherwise limitless powers of the sovereign.
Nature of the Constitution:
Fundamental
Supreme - Doctrine of Constitutional Supremacy
Characteristics of the Constitution:
1. Limitation of the limitless power of the State.
2. Doctrine of constitutional supremacy - all laws must conform to the
constitution
*The constitution is the fundamental, paramount, and supreme law of
the nation. It is deem written in every statute and contract. (Manila
Prince Hotel vs. GSIS)
Kinds of Constitution:
1. Written or Unwritten - according to when it is adopted
Written: conventional or enacted
Written at one time; provisions of which have been
reduced into writing and embodied in one or more
instruments at a particular time.
Ex. 1987 Philippine Constitution (ratified 02/02/1987)
Unwritten: cumulative or evolved
Gradually developed by political evolution; has not been
committed to writing at any specific time but is the
University of San Carlos / LLB 1 / EH410
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collective product of gradual political development
Ex. English constitution
2. Rigid or Flexible - according to amendment process
Rigid: process is difficult
Created by a special body other than that which makes the
ordinary laws to which it is superior and may only be
amended or repealed according to a special process
Ex. 1987 Philippine Constitution
Flexible
Proceeds from the same source as ordinary laws to which
it is not superior but equal in authority and may be altered
as an ordinary law
Ex. British constitution
B. The 1987 Philippine Constitution
Amendment and Revision
How do you change the 1987 Constitution?
There are 2 ways:
a. Amendment (3 ways) - changing a particular portion of the
constitution
b. Revision (2 ways) - overhauling the whole constitution
Is it possible for an isolated change to be considered a revision?
Yes, if it will change the fundamental, philosophical under spinning of
the constitution.
Sec.1, Art. 17 of the 1987 Constitution
Section 1. Any amendment to, or revision of, this may be proposed
by:
1. Congress, of members (voting separately)
2. Constitutional convention - 2/3 members of congress
How to amend the 1987 Constitution?
1. Proposal (amendment & revision)
Amendment
Constituent Assembly - Congress transforms itself to a CA
through a vote (voting separately)
Constitutional Convention - called by Congress by a vote
of 2/3 of all its members or by a majority vote of all its
Members
Peoples Initiative - petition of 12% of total # of registered
voters; each district should be represented by 3%; not selfexecutory; there should be an enabling law
Draft of proposal should be on the face/attached to the
petition; no draft, petition is invalid
Present to COMELEC (determines sufficiency of
signatures); COMELEC submits certification of
authentication
Ratification: after certification by COMELEC is
submitted
2. Ratification
If proposal is done through CC/CA - majority of votes cast
in a plebiscite no earlier than 60 days and not later than 90
days after approval
If proposal is done through PI - majority of votes cast in a
plebiscite after certification by COMELEC of the sufficiency
of votes
*It is important to identify if amendment or revision is need to identify
the number of ways in proposing a change in the constitution.
*RA 6735: Initiative Referendum Law; peoples initiative is for
national/local legislation amendments only; not for constitutional
revisions (since revisions require cooperation and debate -> collegial
body needed)
How to revise the 1987 Constitution?
1. Constituent Assembly or Constitutional Convention
2. Ratification
Qualitative Test - refers to how many provisions will be changed; if
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extensive, it will be considered a revision
Quantitative Test - main inquiry is whether the change will change the
nature of the basic government plan
Doctrine of Fair and Proper Submission
Wherein the people have sufficient time to an intelligent
appraisal of the questions proposed in the amendments in
connection with the other provisions in order to harmonize the
constitution as a whole.
All amendments to be proposed must be submitted at one
time.
Doctrine of Constitutional Supremacy
If a law violates any norm of the constitution, that law is null
and void; it has no effect. (This is an overstatement, for a law
held unconstitutional is not always wholly a nullity)
If a law or contract violates any norm of the constitution, that
law or contract whether promulgated by the legislative or
executive branch or entered into by any private persons for
private purposes, is null and void without any force and effect.
C. The Constitution as interpreted by the Courts: Theory of
Judicial Review
Theory of Judicial Review
3 Types of Constitutionalism:
a. British - no written constitution, uncodified
b. Continental - written constitution, no judicial review
c. American - written constitution, judicial review (Ex. 1987 Philippine
Constitution)
Judicial Review - power of the courts to declare that a law or
executive act is not in accord with the constitution; enforces
constitutional supremacy
Judicial Power duty of courts of justice to settle actual

controversies and to determine whether or not there has been a grave
abuse of discretion
JR is part and a parcel of JP
JR is not supremacy of the courts but supremacy of the
constitution -> doctrine of constitutional supremacy
JR does not nullify the act of the other branches of the
government but only asserts its solemn and sacred obligation
assigned by the constitution
The Philippines is the first in the world to define JUDICIAL
POWER
Conditions for the Exercise of Judicial Review (APEN)
1. Actual Case or controversy
There must be conflicting legal rights that would result to full
blown legal disputes
It must not be a hypothetical question otherwise the court will
just provide an advisory opinion that does not command
obedience
a. Subverts the very idea of separation of powers
b. Danger of taxing court resources
c. Presumption of constitutionality takes more than
hypothetical questions
2. Filed by the Proper Party
Party must have the locus standi or standing to sue
Party must have sustained an injury or be in immediate danger
of sustaining an injury
Interests should be specific and substantial rather than general
Exception: Courts can exercise JR even if not the proper party
if it involves paramount national interest (subjective to the
courts) or of transcendental importance
Transcendental Importance - when there are instructive
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determinants (any, some, or all)
Able to show the character of the assets involved in the
case
The presence of a clear case of disregard of constitutional
prohibition
Lack of any other party with a more direct and specific
interest in raising the questions being raised
Transcendental Importance (Lozano vs. Nograles)
Should not be abused
Subjective to the courts
Not an open invitation for the ignorant to file their petitions
that prove nothing but their cerebral deficit
When do the following have standing to sue?
Citizens - direct and personal interest; paramount public
interest
Taxpayers - disbursement of public funds; when there is an
allegation of Congress abusing its taxing and spending
powers
Legislator - infringes his prerogatives as a legislator
Congress - usurpation of the powers of Congress
Voters - validity of Election Law
3. Issue of constitutionality should be raised at the earliest time
CQ must be raised at the earliest part/opportunity of the
proceedings
CQ cant just be an after-thought
CQ cant just be moot and academic except if its a case
capable of repetition yet evading review
Exceptions:
Criminal cases - CQ can be raised at any time in the
discretion of the court
Civil cases - CQ can be raised at any stage if its necessary
to the determination of the case itself
In ever case, except where there is estoppel, the
constitutional question may be raised at any stage if it
involves the jurisdiction of the court.
4. Necessity in deciding the constitutional question

The issue must be the lis mota (unavoidable question) of
the case
Must present a need to present a CQ; no other grounds
present to base decision of the case
Purposeful hesitation: willful hesitation to veer away
constitutionality
To doubt is to sustain
Moot and academic: an action is considered moot when it no
longer presents a justifiable controversy because the issues
involved have become academic or dead
1. There has been a grave violation of the constitution
2. Issue is exceptional in character and involves matters of
transcendental importance
3. For purposes of educating the bench and bar
4. Issue is capable of repetition yet evading review
Functions of Judicial Review
1. Checking - invalidating a law or executive act that is found to be
contrary to the constitution
2. Legitimating - upholding the validity of a law which results from a
mere dismissal of a case challenging the validity of the law
When the Court exercises this function, it uses the double
negative by declaring that the law is "not unconstitutional".
This is no mere semantics. The Court cannot declare the law
constitutional for it enjoys the presumption of constitutionality,
so that a declaration to that effect by the court would not make
it more constitutional. On the other hand, anyone who
challenges the validity of a law has the burden of proof to
show its invalidity. Declaring that the law is not unconstitutional
is tantamount to saying that the challenger has not met the
burden required.
3. Symbolic - to educate the bench at bar as to the controlling
principles and concepts on matters of great public importance
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What Court May Exercise Judicial Review
1. Supreme Court
2. Lower Courts
Art. VIII, Sec. 5(2). The Supreme Court shall have the following
powers:
(2) Review, revise, reverse, modify, or affirm on appeal or
certiorari as the law or the Rules of Court may provide, final
judgments and orders of lower courts in :
(a) All cases in which the constitutionality or validity of any
treaty, international or executive agreement, law, presidential
decree, proclamation, order, instruction, ordinance, or
regulation is in question.
(b) All cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in
issue.
(d) All criminal cases in which the penalty imposed is reclusion
perpetua or higher.
(e) All cases in which only an error or question of law is
involved.
All courts are possessed with the power of judicial review.
Courts deal with the issues of: (1) legality and (2) constitutional
acts of other government branches
We present legal questions to the courts
Questions of wisdom - decision should be made by the people;
given to elected branches of the government; no appreciation of
the law/constitution; beneficial; policy statements/questions of
policy
Political Questions
What are political questions?
1. Questions of policy
2. Questions delegated solely to the people and the political
departments of the government
3. Concerned with wisdom NOT legality
What are justifiable questions?
4. Legal questions
5. Entertained by the courts (non-elected branches of the
government)
Legal questions belong with the judiciary, questions of wisdom
belong with the legislative/executive branches of the government
Legal questions - You can only go to court if your case is based
on a certain law or the constitution has to be legally demandable
If wisdom is gravely abused -> question becomes justifiable if
discretion is exercised whimsically, arbitrarily, and despotically
What triggered the use of political questions? Martial Law.
1987 Philippine Constitution expanded judicial power including
issues of discretion
Issues of discretion may be tackled by the judiciary as long as the
court can bring out the said issue
When courts loop into issues of discretion there are advantages
and disadvantages:
a. Advantage - comfort from any grave abuse of discretion
b. Disadvantage - the issue of judicial supremacy
Effect of Declaration of Unconstitutionality
Article 7, New Civil Code of the Phils:
Laws are repealed only by subsequent ones, and their
violation or non-observance shall not be excused by disuse, or
custom, or practice to the contrary
When the courts declare a law to be inconsistent with the
Constitution, the former shall be void and the latter shall
govern
Administrative or executive acts, orders, and regulations shall
be valid only when they are not contrary to the laws of the
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Constitution
The effect of declaration of unconstitutionality is to make a law
void or voidable.
Void - it does not enjoy any presumption of validity. As such, it
produces no effect whatsoever, creates no right or office, it
imposes no duty. Whatever penalty was paid during the period of
its operation must be remitted.
Voidable - enjoys the presumption of validity; becomes inoperative
upon the judicial declaration of its invalidity
Prior to issuing unconstitutionality, prove the validity of the law as
a fact
Doctrine of Operative Fact
Modern view of Art. 7 of the CC
Prior to the declaration, it cannot be denied that indeed, the
law exists as an operative fact and to disregard the action
done would mean an apparent injustice
Orthodox view - an unconstitutional act is not a law;
considered to never have existed at all; all persons are bond
by the declaration of unconstitutionality
Modern view - the court in passing upon the question of
unconstitutionality does not annul or repeal the statute if it
finds it in conflict with the constitution; parties to the suit are
concluded by the judgment but no one else is bound
II. THE PHILIPPINES AS A STATE
A. State, Defined
What is a state?
A state is a group of people having a definite territory possessed
of a government to which a great body of inhabitants render
habitual obedience to an organized government.
Elements:
1. People - refers simply to the inhabitants of the State.
2. Territory - fixed portion of the surface of the earth inhabited by
the people of the State.
3. Government - agency or instrumentality through which the will

of the State is formulated, expressed and realized
4. Sovereignty - supreme and uncontrollable power inherent in a
State by which that State is governed.
Theories of State: (w/ regards to elements)
1. Constitutive Theory - four elements of the state are present
(followed by the Philippines)
2. Declarative Theory - four elements of the state plus declaration of
statehood by international authority must be done
What is the difference between a state and a nation?
A state is considered a legal concept. A nation is an ethnic concept.
For the purpose of constitutional law, the two are not distinct. The
constitution uses the terms interchangeably to designate the legal
concept of the state.
B. Territory
Art. I. The national territory comprises the Philippine archipelago, with
all the islands and waters embraced therein, and all other territories
over which the Philippines has sovereignty or jurisdiction, consisting
of its terrestrial, fluvial, and aerial domains, including its territorial sea,
the seabed, the subsoil, the insular shelves, and other submarine
areas. The waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of
the internal waters of the Philippines.
In short, the Philippine territory consists of: (1) the Philippine
archipelago, and (2) all territories over which the Philippines has
sovereignty or jurisdiction.
Of all the constitutions in the world, probably only the Philippines
has a definition of its territory. At first glance, this is useless since
one's territory under International Law is defined not by one's
selfserving claims as to what it covers, but by international treaties
and customs. Historically, however, this definition had a valid
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purpose.
The 1935 Constitution needed to define Philippine territory in
order to prevent its dismemberment by the US. Since, pursuant to
the TydingsMcDuffie Act, the draft of the Constitution was to be
submitted to the US President for approval, defining the national
territory was a way of making the US acknowledge its extent and
(to) respect its integrity.
The 1973 Constitution needed a definition of national territory in
order to lay claim to Sabah. The claim was originally made by
President Macapagal. Sabah was one of the territories belonging
to the Philippines by historic right and legal title. President Marcos,
in 1977 on the occasion of an ASEAN Ministerial Meeting in
Singapore announced that the Philippines was willing to drop its
claims over Sabah; nothing was done, however to amend the
Constitution.
The 1987 Constitution changed the phraseology into: "all other
territories over which the Philippines has sovereignty or
jurisdiction." In so changing, the rationale was to remove any
irritant to our relations with the Malaysia brought about by the
1973 formulation but without renouncing the claim at the same
time. Anyway, if the Philippines has the right over Sabah under
International Law, it possesses that right with or without a
Constitution, the Constitution being merely a municipal law which
does not bind other states. The 1987 Constitution, therefore,
contains a definition of national territory so as not to give an
impression that the Philippines is abandoning its claim over
Sabah. Removing such a definition would amount to dropping the
claim altogether, a fact not for the Commissioners to decide.
Archipelagic Doctrine of Territoriality
Archipelago - group of islands surrounded by a body of water
The basic concept of an archipelago is that body of water
studded with islands, or the islands surrounded with water, is
viewed as a unity of islands and waters together forming one
unit. This is in contrast to a continent which is a single mass of
land.
The main purpose of the archipelagic doctrine is to protect the

territorial interests of an archipelago. If we follow the old rule of
international law, it is possible that between islands, e.g. Bohol
and Siquijor, due to the more than 24 mile distance between
the 2 islands, there may be high seas. Thus, foreign vessels
may just enter anytime at will, posing danger to the security of
the State. According to the doctrine, even these bodies of
water within the baseline, regardless of breadth, form part of
the archipelago and are thus considered as internal waters.
The archipelagic doctine has a twofold purpose: (1) economic
reasons; (2) national security.
The archipelagic doctrine is the principle that it is an integrated
unit; everything within it comprises the archipelago.
Is the Archipelagic Doctrine of Territoriality applied in the 1987
Constitution?
Yes. The waters around, between, and connecting the islands
regardless of their breadth and dimensions.
No one state can enforce their laws to other states; disputes are
settled by international laws/customs/and standards.
UN Convention on the Law of the Sea (30 April 1982.)
The exclusive economic zone which shall not extend beyond
200 nautical miles from baselines from which the breadth of
the territorial sea is measured, is recognized in the UNCLOS,
of which the Philippines is a signatory. Its concept is that
although it is not part of the territory, exclusive economic
benefit is reserved for the country.
C. People
Different concepts of people
a. Inhabitants - Article 1, Section 15 of the 1987 Phil.
Constitution; refers to the right of the an individual to be secure
in his person is guaranteed by the Constitution
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b. Citizens - Article 4, Section 1; refers to the citizenship of the
individual
c. Voters
Citizenship
Importance: Who are citizens of the RP?
Section 1, Article 4, 1987 Constitution
a. Those who are citizens of the Philippines at the time of the
adoption of this constitution
b. Those whose fathers OR mothers are citizens of the
Philippines
c. Those born before January 17, 1973 of Filipino mothers,
who elect Philippine citizenship upon reaching the age of
majority (considered as natural born citizens)
d. Those who are naturalized in accordance with the law
Philippine Islands for the first time

2. Jus sanguine - blood relation
3. Naturalization - legal act of adopting an alien and clothing him
with the privilege of a native born citizen; done through the
Special Committee on Naturalization
When must a person elect Filipino citizenship? (Sec. 1, Article 4)
The person must elect citizenship within a reasonable time which is
not more than 3 years but is extendable on valid grounds.
How can one elect Filipino citizenship? Election must me expressed.
a. Make an affidavit of election of Philippine citizenship
b. Have an Oath of Allegiance taken
c. File both documents at the nearest Local Civil Registry
Naturalization: Judicial, Administrative, Congressional
a. Judicial - CA 473; general law of naturalization applied through
a judicial process; takes time, must comply qualifications and
not have any of the disqualifications
b. Administrative - RA 9139;The Administrative Naturalization
Law of 2000; not necessary to comply with all of the
qualifications but must not have any disqualifications
c. Congressional - direct act of Congress by passing a bill
Citizenship Classifications
a. Natural Born - those who are citizens of the RP from birth
without having to perform any act to acquire or perfect their
Philippine citizenship
There was no definition of NB citizens in the 1935
Constitution.
Having the status of a NB citizen is important for the
purpose of certain political (running for national office) and
economic (acquiring land in the Philippines) rights open only
to such citizens.
What are the requirements needed for an applicant for naturalization

satisfy under the Revised Naturalization Law or CA 473?
Both the substantive and procedural requirements.
b. Naturalized - those who acquire RP citizenship through

naturalization
When does the applicant become a Filipino citizen?

The applicant becomes a citizen upon taking the oath provided by law
after satisfactorily passing the period of probation (2 years).
Modes of Acquisition: Citizens of the Philippines

1. Jus soli - place of birth; practiced in the Philippines from April
11, 1899 - July 1, 1902 (Philippine Bill of 1902)
Philippine Bill of 1902 - used the term citizens of the
Who can raise the question of disqualification on the basis of

citizenship?
Only the State through the Solicitor-General.
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Is the possession of a foreign passport or alien certificate of
registration (ACR) considered a means of renouncing ones
citizenship?
No. Renunciation must be express. This only asserts foreign
citizenship before effectively renouncing it.
Loss of Citizenship - Commonwealth Act 63
a. By naturalization in a foreign country;
b. By express renunciation of citizenship or expatriation;
c. By subscribing to an oath of allegiance to support the
Constitution or laws of a foreign country upon reaching the age
of majority
d. By rendering service to or accepting commission in the
armed forces of a foreign country
e. By cancellation of the certificate of naturalization;
f. By having been declared by competent authority, a deserter
of the Philippine armed forces in time of war, unless
subsequently, a plenary pardon or amnesty has been granted ;
g. In case of a woman, upon her marriage, to a foreigner if, by
virtue of the laws in force in her husband's country, she
acquires his nationality.
May a certificate of naturalization be canceled?
Yes. If it is shown to have been obtained fraudulently or illegally, or if
the person is shown to have violated the prohibitions imposed on him
by CA 473, Section 18. Evidence must be clear, unequivocal,
convincing and not merely preponderant.
Will legitimacy or illegitimacy of a child affect his/her citizenship? No.
Can marriage to an alien make you lose your Filipino citizenship?
No, unless one expressly renounces his/her Filipino citizenship.
Reacquisition - Sec. 25, CA 63
a. By naturalization: Provided, That the applicant possess none
of the disqualifications prescribed in now Sec. 4 of CA 473
b. By repatriation of deserters of the Army, Navy or Air Corp:

Provided, That a woman who lost her citizenship by reason of
her marriage to an alien may be repatriated in accordance with
the provisions of this Act after the termination of the marital
status; and
c. By direct act of the National Assembly (now Congress.)
Repatriation: recovery of original citizenship
Repatriation can be applied in the ff. cases:
1. Desertion of armed forces of the Philippines
2. Served in the WW2 armed forces
3. Served in the US armed forces
4. Filipino marries alien
5. Political/economic neccesity
Effective date of repatriation when approved - in the case of
former natural born citizens, the effective date is the date of
application for repatriation
Ways of accomplishing repatriation (oath and registration are
prerequisites)
a. Women who lost their citizenship through marriage to aliens
and those who lost their citizenship due to economic or
political necessity - taking the oath of allegiance to the RP and
registering in the proper Civil Registry and in the Bureau of
Immigration
b. For those who lost their citizenship by serving in the US Armed
Forces - taking an oath of allegiance to the RP and registering
the same in the Local Civil Registry where he resides
Steps in Acquiring Repatriation
c. Filed petition
d. Petition approved
e. Took oath of allegiance
f. Registered w/ LCR
g. BID/for certificate of repatriation -> completes process;
registration is incomplete w/o BID (Bureau of Immigration
and Deportation)
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Can one choose on how to be repatriated?
No. There are conditions to be considered.
2 year probation (CA 473)
1. Not left the country
2. Dedicated to a lawful profession
3. Has not been convicted
4. Has not committed acts prejudicial to the interest of the nation
Frivaldo Doctrine: citizenship retroacts to the day one files their
application; requirement of citizenship commences only when one
assumes offiice
Dual Citizenship and Dual Allegiance
Art. IV, Sec. 5 Dual allegiance of citizens is inimical to the national
interest and shall be dealt with by law.
Art. XI, Sec. 18. Public officers and employees owe the State and this
Constitution allegiance at all times, and any public officer or employee
who seeks to change his citizenship or acquire the status of an
immigrant of another country during his tenure shall be dealt with by
law.
Dual allegiance is not contradictory to the double nationality of a
Filipina who married an alien. It is not the business of Philippine law to
determine if its citizen is also a citizen of another country by virtue of
marriage. What Sec. 5 contemplates is the case of aliens who are
naturalized as Filipinos but remain loyal to their country of origin
(specifically former Chinese nationals who even ran in the legislative
Yuan of China), as well a public officers who, while serving the
government, seek citizenship in another country.
Note : Under Sec 40(d) of the Local Government Code, those with
dual citizenship are disqualified from running for any elective local
position.
Considering the citizenship clause (Art. IV) of our Constitution, it is

possible for the following classes of citizens of the Philippines to
possess dual citizenship:
(1) Those born of Filipino fathers and/or mothers in foreign
countries which follow the principle of jus soli;
(2) Those born in the Philippines of Filipino mothers and alien
fathers if by the laws of their father's' country such children are
citizens of that country;
(3) Those who marry aliens if by the laws of the latter's country
the former are considered citizens, unless by their act or
omission they are deemed to have renounced Philippine
citizenship.
Dual allegiance - to the situation in which a person simultaneously
owes, by some positive act, loyalty to two or more states. While
dual citizenship is involuntary, dual allegiance is the result of an
individual's volition.
DUAL ALLEGIANCE IS INIMICAL TO CITIZENSHIP AND SHALL
BE DEALT WITH ACCORDING TO LAW.
Dual citizenship - a reality imposed on us because we have no
control of the laws on citizenship of other countries. We recognize
a child of a Filipino mother. But whether she is considered a
citizen of another country is something completely beyond our
control. (Fr. Joaquin Bernas)
We consider that the renunciation needed to lose Philippine
citizenship must be "express," it stands to reason that there can
be no such loss of Philippine citizenship when there is no
renunciation, either "express" or "implied."
Dual citizenship is involuntary. It refers to the concurrent
application of the laws of two or more different states. Dual
allegiance on the other hand refers to an individuals volition. An
individual professes allegiance to another country by knowing and
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intending to do so.
Does RA 9225 refer to dual allegiance?
No. Since the latest oath taken is allegiance to the Philippines. Yet it
doesnt mean the renunciation of the other. Burden of dual allegiance
is transferred to the other country.
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D. SOVEREIGNTY
What is sovereignty?
Supreme and uncontrollable power inherent in a State by which the State is governed.
Power of the state to govern persons and things within its territory.
c.
KINDS:
1.
Legal - authority which has the power to issue final commands
2.
Political - power behind the legal sovereign, or the sum total of the influences that operate upon it
A suit is against the State, regardless of who is named as the defendant, if it produces adverse
consequences to the public treasury in terms of disbursement of public funds and loss of
government property.
When a suit is against the State, it cannot prosper unless the State has given its consent.\
Suit vs. State = dismissible by court either upon motion of the government or upon motion motu
proprio
Sovereignty may also be internal or external.

1.
Internal sovereignty - refers to the power of the State to control its domestic affairs/territory
Ex. Ability to punish crimes, ability to pass laws)
2.
External sovereignty - the power of the State to direct its external affairs/relations free from
external control; also known as independence.
Reagan vs. CIR - taxing the sale of the car sold in a foreign military base; it was held that the
provision in the military bases agreement giving the US criminal jurisdiction over crimes
committed even by Filipinos inside the bases is not a derogation of Philippine sovereignty. The
Philippines has the power to limit the exercise of its sovereignty. When it allows a foreign State to
use part of its territory and waives jurisdiction over crimes committed therein, it does not give up
part of its sovereignty but only limits the exercise of its sovereignty."
Theory of Auto Limitation - property of the State force due to which a State has exclusive legal
competence of self-limitation and self-restriction (Jellinek).
CHARACTERISTICS:
1.
Permanent
2.
Exclusive
3.
Comprehensive
4.
Absolute
5.
Indivisible
6.
Inalienable
7.
Imprescriptible
therefore independent from the state (unincorporated - doesnt have their own charter)
Exception (USA vs. Ruiz): if an unincorporated government agency is performing a
commercial or private function
LGUs have charters of their own.
When a government official is sued in his official capacity in the performance of official and lawful
action
Sue the government official in his official capacity (not personal capacity)
Test to determine if suit is against the state:

If the state has to do a positive act or an affirmative act
Disbursement of funds
Release of property
Note: A case will only prosper if the state gave consent otherwise it will be immediately dismissed by
the courts.
III. Consent
State cannot be sued without its consent
Can there be a suit against the state?
Yes, if there is consent.
How consent is given?
The consent to be sued, in order to be effective, must come from the State, acting through a duly
enacted statute. Waiver of state immunity can only be made by an act of legislative body.
Republic v Feliciano - the SC held that the Proclamation of the President of the Philippines
(recognizing private rights to the land) cannot be the source of consent, since the Proclamation is
not a legislative act.
E. SOVEREIGN IMMUNITY: Doctrine of Non-Suability of State

Doctrine of State Immunity - states immunity from suit is a result of sovereignty
I. Basis/Justifications
a.
Constitutional basis - Article 16, Section 3, 1987 Constitution; the State may not be sued without
its consent
b.
Philosophical Reason - there can be no legal right against the authority which matters the law on
which the right depends (Holmes)
c.
Sociological basis - if the state is amenable to suits, all its time would be spent defending itself
from suits and this would prevent it from performing its other functions (Republic vs. Villasor)
II. Suit Against the State
When is there a suit against the state? (RP vs. Feliciano)
a.
When the state is sued by its name (Ex. X vs. RP)
b.
When the case is against a government agency that is unincorporated and if performing
governmental function.
Incorporated government agencies have their own charter so it has a personality of its own
KINDS OF CONSENT:
1.
Express consent - only though law; embodied in a general or special law; effected only by the will
of the legislature through the medium of a duly enacted statute
a.
General law: ex. Money claim - ACT 3083 (money claim), Art 2180 NCC (state can
only be liable if the state acts through special agents; designation of special agents
must be done an official order)
b.
Special law: peculiar only to certain persons
Scope of consent - Act 3083; When a money judgment is given against the
government, the ordinary rule for execution would not apply, for the consent of the
government to be sued is only up to the point of judgment. If it does not pay, it cannot
be compelled to pay by attachment or otherwise
2.
Implied Consent
a.
When the state enters into a business contract - government is deemed to have descended
to the level of the other contacting party and divested of its sovereign immunity from suit
CONSTITUTIONAL LAWI
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(SCUTARIUS LEGIS)
b.
c.
with its implied consent

When the state commences litigation, state becomes vulnerable to counterclaims
When the State itself files a complaint, the defendant is entitled to file a counterclaim
against it. This is based on equitable grounds.
Forced sale/expropriation: when one will be paid just compensation when his property will
be used by the government which is to be determined by the court, thus the state opens the
possibility of being sued
When the government enters into commercial contracts and descends to the status of
ordinary persons (jure gestioni), it can be sued like any other person.
When consent to be sued is provided by the charter, the consent does not stop with the
rendition, but goes up to the satisfaction of the judgment. (PNB vs. CIR)
Liability is not the same with suability. Simply because the State consented to be sued, it
doesnt mean the State is conceding liability. All it allows you to do is prove that there is
liability in the part of the state.
EXECUTION - Consent to be sued extends only to the proceedings prior to execution.
RP vs. Villasor - The consent to be sued is only up to the judgment and not to the execution
thereof because public funds are reserved only for specific purposes. Judgment can only be
enforced if there is a separate, specific appropriation for it made by congress.
because it goes beyond the ways of changing the government within the framework of the
governmental machinery.
*EDSA 1 - extra constitutional; EDSA 2 - intra constitutional
Is DSA legal?
Yes, because everything that the state acts is legal. A revolt of the people becomes illegal if it is not
successful. (Doctrine of Revolution)
What is the difference between government and administration?
A government is permanent (Philippine government) but an administration is transitional (Arroyo
administration).
III. Kinds of Government
Based on the number of persons holding power)
1.
Monarchy - 1 ruler
2.
Aristocracy/Oligarchy - held by a few
3.
Democracy: majority of the people
Pure/Direct democracy - peoples will directly expressed by them
Indirect/Republican - ruled through a government by the people
F. GOVERNMENT
I. Government in general, defined.
Agency of the state through which the will of the state is formulated, expressed, and carried out
Government is that institution or aggregate of institutions by which an independent society
makes and carries out those rules of action which are necessary to enable men to live in a social
state or which are imposed upon the people forming that society by those who possess the power
or authority of prescribing them.
Government is the aggregate of authorities which rule a society. (US v Dorr, 2 Phil 332, 339).
1.
2.
Based on power of central authority

1.
2.
II. Government of the Philippines, defined.

Government of the Republic of the Philippines is defined as "the corporate governmental entity
through which the functions of government are exercised throughout the Philippines, including,
save as the contrary appears from the context, the various arms through which political authority
is made effective in the Philippines, whether pertaining to the autonomous regions, the provincial,
city, municipal or barangay subdivisions or other form of local government." [Administrative Code
of 1987, Sec. 2(1).]
The State
the principal; an abstraction - while government is the agent
mandates the agent to do what is lawful, legal, and beneficial
the state can do no wrong because it sets the law, what is right or wrong
so if the government does something wrong, the state is not liable
if the government no longer carries out the mandate of the state, the state can act through
its people -> Doctrine of Direct State Action (related concept to the Doctrine of
Revolution)
direct state action is legal because the state can do no wrong
Is direct state action constitutional?
According to the SC, the revolt of the people orbits outside the constitutional loop. It is not
constitutional, rather it is extra-constitutional (orbits outside the loop of the constitution; not in the
constitution but not prohibited either). Direct state action cannot be provided in the constitution
Based on relationship between legislative and executive

Presidential - complete separation of executive and legislative department
Parliamentary - executive and legislative department are not separated
Other Classification (Co Kim Cham): Kinds of government based on legitimacy

De jure - has the rightful, legal title, but has no power or control either because this has been
withdrawn from it or because it has not yet actually entered into the exercise thereof
De facto - one has control but has no rightful, legal title
Kinds of de facto governments:
a.
Formed through rebellion - The government that gets possession and control of, or
usurps, by force or by the voice of the majority, the rightful legal government and
maintains itself against the will of the latter.
b.
Formed through insurrection - That established as an independent government by the
inhabitants of a country who rise in insurrection against the parent state.
c.
Formed through occupation - That which is established and maintained by military
forces who invade and occupy a territory of the enemy in the course of war, and w/c is
denominated as a government of paramount force, like the Second Republic of the
Philippines established by the Japanese belligerent.
Its existence is maintained by active military power w/in the territories, and
against the rightful authority of an established and lawful government
During its existence, it must necessarily be obeyed in civil matters by private
citizens who, by acts of obedience rendered in submission to such force, do not
become responsible, as wrongdoers, for those acts though not warranted by the
laws of the rightful govt.
Art. 2 says that the Philippines is a democratic and republican government.
Republican government - technically the people are the sovereign and their representatives are
the slaves; people exercise their power not directly but through their representatives
IV. Functions of the Government
CONSTITUTIONAL LAWI
PRE-MIDTERMS
(SCUTARIUS LEGIS)
1.
2.
3.
Constituent - constitute the very bonds of society and are therefore compulsory
Ministrant - those undertaken to advance the general interests of society, such as public works,
public charity, and regulation of trade and industry. These functions are merely optional
Doctrine of Parens Patriae - guardian of the rights of the people
Adherence to International View

"Adopts the generally accepted principles of international law" means - the Philippines uses the
incorporation theory. Without need of statute, these principles of international law become part of
the Philippine body of laws from the municipal point of view.
"Adherence to the principles of international law" was adopted from the Kellogg Brian Pact.
Renunciation of war; adopts the generally accepted principles of international law as part of the
law of the land
war: renunciation only of offensive or aggressive war
war can be waged if defensive to preserve our existence as a state
V. Doctrine of Parens Patriae

One of the important tasks of the government is to act for the State as parens patriae, or guardian
of the rights of the people.
Inherent in the supreme power every State, whether that power is lodged in a royal person or in
the legislature, and has no affinity to those arbitrary powers which are sometimes exerted by
irresponsible monarchs to the great detriment of the people and the destruction of their liberties.
1.
G. PRINCIPLES AND POLICIES OF THE PHILIPPINE GOVERNMENT
Principles - binding rules that formed the foundation of the government
Policies - guidelines which set out a goal to be reached, generally an improvement in economic,
political, or social feature of the community
I. Principles
Sovereignty of the people and republicanism
Under this principle, the Philippines is a democratic state that is, a government for, of, and by the
people. But it is not a pure democracy. Thus, while it is true that the people are the possessors of
sovereign power, it is equally the case that they cannot exercise the powers of government
directly, but only through the medium of their duly elected representatives.
Their participation in government consists of :
1.
Suffrage electing the officials to whom they delegate the right of government.
2.
Plebiscite
Ratifying the Constitution
Approving any amendment thereto
With respect to local matters, approving any changes in boundaries, mergers,
divisions, and even abolition of local offices
Creating metropolitan authorities, and
Creating autonomous regions
3.
Initiative and referendum enacting or proposing laws, local or national, in a referendum.
4.
Recall (Under the Local Government Code.) [as added by Prof. Barlongay.]
Features of Republicanism:
1.
It is a govt of laws and not of men;
2.
There is periodic holding of elections;
3.
There is observance of principle of separation of powers and of checks and balances;
4.
There is observance of the role that the legislature cannot pass or enact irrepealable laws.
Why republican and democratic at the same time?
Democratic because we allow peoples initiative and referendum in legislation. Republican because all
the powers will be exercised by the representatives.
2.
2 Doctrines of the generally accepted principles of international law:

Transformation - before GAPIL becomes part of the law of the land, congress has to pass a bill
transforming it into a national law (absence of domestic law invoking GAPIL; GAPIL cant be part
of law of the land)
Incorporation - GAPIL becomes a part of our law automatically
the doctrine is what has been adopted by the SC. GAPIL stands with equal footing with out
national laws
What if there is a conflict with the GAPIL and our National Laws? (General Acceptable Principle of
National Law)
What is subsequent will prevail because they are of equal footing. This is in cognizance of the Doctrine
of Incorporation.
The Philippines adapts the Incorporation Doctrine (Sec. 2, Article 2)
Municipal Law -> Domestic Law
Note: The court determines what are to be considered as GAPIL. Not all treaties are GAPIL.
Civilian Supremacy
The supremacy of civilian rule over the military is ensured by:
i.
the installation of the President, the highest civilian authority, as the commander-in-chief of
the military
ii.
the requirement that members of the AFP swear to uphold and defend the Constitution,
which is the fundamental law of the civil government
iii. the professionalization of the service and the strengthening of the patriotism and
nationalism, and respect for human rights, of the military
iv. insulation of the AFP from partisan politics
v.
prohibition against the appointment to a civil position
vi. compulsory retirement of officers (no overstaying of officers), so as to avoid propagation of
power)
vii. a 3year limitation on the tour of duty of the Chief of Staff, which although extendible in case
of emergency by the President, depends on Congressional declaration of emergency,
viii. requirement of professional recruitment, so as to avoid any regional clique from forming
within the AFP, as well as (ix) the establishment of a police force that is not only civilian
character but also under the local executives.
The people are supreme at all times even in the times of emergency
Supremacy is shown by having the president, a civilian, to be the commander-in-chief of the AFP
Sovereignty resides in the people and all government authority emanates from them
the right to revolt should not be construed from the statement
sovereignty of the people refers only to the peoples right to express their will in the ballot
Government as protector of the people, and people as defenders of the State
CONSTITUTIONAL LAWI
PRE-MIDTERMS
(SCUTARIUS LEGIS)
Art. II 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.
Art. II, 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 blessing
of democracy.
Note the emphasis on the government as servant of the people, rather than vice-versa.
Note also that the people may by law are required to render "personal" (not proxy) military or civil
service.
Separation of Church and State (Art., 3, Sec. 5)
REQUIREMENTS:
1.
non-establishment of religion; state cannot favor or establish a religion (one, sum, or all)
Law is primarily secular; never mind if there are religious benefits (even if benefits are
incidental)
Prevents excessive entanglement of religion
Secular morality vs. religious morality
At times there can be inherent contradiction between non-establishment of religion and free
exercise of religion
2.
free exercise of religion; state cannot force the people to have any religion
a.
freedom to believe; absolute
b.
freedom to act in accordance with that belief; state may limit this particular freedom
exemption from property tax; for lands and properties used for religious purposes
this does not violate the neutrality policy of the state, according to the US supreme
court
priests can be paid when serving in an orphanage, leprosarium, penal institution;
priests become a tool to remove or compensate the limitations on the free exercise of
religion
Note: In Aglipay vs. Ruiz, it was shown that public funds cannot be released for religious purposes but
can be used for secular purposes.
II. State Policies
Independent foreign policy and nuclear-free Philippines
Just and Dynamic Social Order
Promoting social justice in all phases of national development
Social justice - the humanization of laws and the equalization of social and economic forces
of the state
Right of the people to a balanced and healthful ecology (Oposa vs. Factoran)
Oposa vs. Factoran: SC speaks of inter-generational responsibility for the State to preserve
and see to it that the ecological or environmental balance will not be irreversibly disrupted
Autonomy to local governments
Autonomy - right to be left alone (general definition)
Basco vs. Pagcor - SC interpreted autonomy to be nothing but decentralization
a.
Decentralization of power
b.
Decentralization of functions - autonomy of local government units
Right to full public disclosure
Disclosure of matters of public interest
Full public disclosure - right that is subject to limitations as may be provided for by law
III. Doctrine of Separation of Powers

4 premises
a.
the powers of the government are distributed into 3 classes: executive (enforce), legislative
(make), judicial (apply & interpret)
b.
these powers are distributed to 3 departments: executive, legislative, judiciary
c.
all 3 departments are separate, independent, and co-equal
d.
the separation is not expressly said in an article in the constitution but can be seen through
the provisions on the 3 departments
Why is there a need for the separation of powers?
If the major powers of the government are lodged in one person or entity, there is bound to be an
arbitrary rule. In order to prevent that, the major powers should be divided.
Is this doctrine constitutionally enshrined?
Article 6, 7, & 8 are the manifestations that the constitution applies the principle of separation of power.
IV, Doctrine of Check and Balances
1.
Executive Department
checks the judiciary through the presidents pardoning power and appointment
checks the legislative through the veto power of the president
2.
Legislative Department
checks the executive through amnesty, overriding the veto power, refusal to give consent to
a treaty, and rejection of some appointments, revoke the declaration of the martial law
checks the judiciary through limiting the jurisdiction of the supreme court, abolishment of a
tribunal, and passage of a law amending or repealing another law that has been the basis of
the judiciary to a certain case
3.
Judiciary
checks the executive and legislative through its power of judicial review and expanded
jurisdiction
Related Concept: Blending of Powers

Law Making
Amnesty
Treaty Making
BONUS QUESTION FOR MIDTERMS: Reflections on the life of Cory Aquino.
CONSTITUTIONAL LAWI
PRE-MIDTERMS
(SCUTARIUS LEGIS)
IV. THE LEGISLATIVE DEPARTMENT: STRUCTURE
Legislative power - the authority to make laws and to alter or repeal them; vested in the
Congress of the Philippines
Prior 1987 Constitution - unicameral government
After 1987 Constitution - bicameral government
COMPOSITION
Congress is composed of:
1. Senate - 24 members elected at large
May Congress pass a law to increase/decrease the number of members in the Senate?
No. If so, the constitution should be amended.
Art. 6, Sec. 2
as may be provided by law. - refers to the manner of electing senators not to
the number of senators in office.
2.
House of Representatives - not more than 250 members elected from legislative districts
District Representatives
Sec. 5, Par. 3
Each legislative district shall comprise, as far as practicable,
contiguous, compact, and adjacent territory. Each city with a population of two
hundred fifty thousand, or each province, shall have at least one
representatives.
legal requirements in creating a district
Territories should be contiguous (w/ physical contact), compact (solid), and
adjacent (near) to prevent gerrymandering
Gerrymandering - the practice of creating legislative districts to favor a particular
candidate or party
How are legislative districts created?
a.
Reapportionment Law by Congress
w/in 3 years following every return of a census
b. Special Laws
City w/ a population of at least 250K
If a province is created
When Congress creates a province or a city with a population of no less than
250K, it is required for Congress to create at least 1 legislative district. (Sema vs.
COMELEC)
The creation of a LD can only be done through law. It is only Congress that can
create a LD. (Sema vs. COMELEC)
The increasing of the number of representatives can only be done through law by
Congress.
Mariano vs. COMELEC - a city with a population of at least 250K should have at least 1 LD
(emphasis on at least)
Party-List Representatives
This system is hoped to democratize political power by encouraging the growth
of a multi-party system.
Idea of Monsod
RA7941 - submitted wherein it was mentioned that if you have a sector of society
that is marginalized and underrepresented, a party-list can be created
GUIDELINES IN PARTY-LIST QUALIFICATIONS: (Bagong Bayani vs. COMELEC)
a.
Parties must represent the marginalized and underrepresented.
b. Parties who wish to participate must comply with this policy.
c.
The religious sector may not be represented.
d. The party must not be disqualified under Sec. 6 of RA7941.
e.
The party must be an entity funded or assisted by the government.
f.
Its nominees must likewise comply with the requirements of law.
g. Not only the party but also its nominees must represent the marginalized and the
underrepresented.
h. The nominees must be able to contribute to the formulation of and enactment of
legislation that will benefit the nation.
DISQUALIFICATIONS:
a.
Party is a religious sect or an association organized for religious purposes.
b. Party advocates violence or unlawful means to seek its goal.
c.
Party is foreign.
d. Party is receiving support from any foreign government/organization whether
directly through any of its officers or members or indirectly through third parties
for partisan election purposes.
e.
Party fails to comply with laws, rules, or regulations relating to elections.
f.
Party declares untruthful statements in its petition.
g. Party has ceased to exist for at least one year.
h. Party fails to participate in the last two preceding elections or fails to obtain at
least 2% of the votes case under the party-list system in the two preceding
elections for the constituency in which it has registered.
How do you choose your party-list? (4 parameters)
1. 20% allocation
# of party-lists members cant exceed 20% of total
members of the House including the party-list
2. 2% threshold
only the parties who have 2% of the total valid votes cast
for the party-lists can get a seat in the House
3. 3-seat limit
if votes are more than 2%, additional seats can be given
(max. of 3)
4. Proportional representation
w/ regards to the additional seats allocated
What is the composition of party-lists in the House?
20% of the members of the House including the party-list.
How does a party know how many additional seats they are entitles to?
Through proportional representation.
Banat vs. COMELEC (Table 3)
1. Apply 2% threshold and rank parties from highest to lowest.
2. Additional seats?
Multiply remaining additional seats
CONSTITUTIONAL LAWI
PRE-MIDTERMS
(SCUTARIUS LEGIS)
% is multiplied by the remaining available seats
Assign 1 PL seat to each of the parties until all available seats have been distributed
Banta Republic Act 7941 vs. COMELEC - COMELEC has the duty to disclose and release the
names of the nominees of the party-lists.
How do you prove the intention to return to the old domicile? How do you prove that a person
has not abandoned the old domicile?
1. Animus manned in the old domicile.
2. Animus revertendi in the old domicile.
Caasi Doctrine - green card holder; permanent resident (vs. citizenship -- deemed to have
abandoned the old domicile)
Domicile is not abandoned if the person executes an affidavit to return to the
Philippines in three years.
May Congress pass a law to increase/decrease the number of members in the House of
Representatives?
Yes. If provided by law.
Art. 6, Sec. 5
unless otherwise provided by law. - refers to the composition of the House.
QUALFICATIONS: N-A-R-R-A
Irreducible and exclusive requirements
If one wishes to add/remove a requirement, a constitutional amendment is needed
QUALIFICATIONS
SENATE
Read, write, think?

Social Justice Board vs. DDB - requirement of a mandatory drug test
Students (secondary & tertiary) - drug test is considered constitutional
Employees (public & private) - drug test is considered constitutional
Candidates (national & local) - drug test is considered unconstitutional. Qualifications are
exclusive.
Accused - drug test is considered unconstitutional.
HOUSE
TERM OF OFFICE
Tenure: period of time that the incumbent actually held office
Term: period of time that the incumbent is mandated to hold
Natural-born citizen
Age on the day of the
election
35
25
Residence
2
years
immediately
preceding election
1 yr IPDE; PL - 1 yr in the
Philippines
1.
Registered voter
Able to read and write
Senate
Term is 6 years and shall commence, unless otherwise provided by law, at noon on
the 30th day of June next following the election
No Senator shall serve for more than 2 consecutive terms
Voluntary renunciation - not considered as an interruption in the continuity of service
for the full term for which he/she was elected
May a Senator serve for more than two terms?

Yes, provided that the terms are NOT consecutive.
(Macalintal vs. COMELEC) - What if you resided in the US for a period of time? Can you still run
for Congress?
Yes. Domicile is synonymously used with residence.
Domicile: where one considers his/her permanent residence
3 Classes of Domicile:
a.
Domicile of Origin - acquired at birth and continues until replaced by another
domicile
b. Domicile of Choice - chosen by a person to change his former domicile; exercise
of free will and presumes legal capacity to make a choice
c.
Domicile by Operation of Law - law attributes to a person independent of a
persons residence or intention
Residence: refers to physical presence of a person
If a person has more than 2 residences, how do you establish a new domicile of choice?
1. Actual physical presence in the new place.
2. Animus mandendi - intention to live in the new domicile permanently
3. Animus non revertendi - intention not to return to the old domicile
2.
House of Representatives
Term is 3 years and shall commence, unless otherwise provided by law, at noon on
the 30th day of June next following the election
No member of the House shall serve for more than 3 consecutive terms.
No voluntary renunciation shall be considered an interruption in the continuity of his
service for the full term
May a member of the House serve for more than 3 terms?

Yes, provided the terms are not successive.
ELECTION
TYPES:
1. Regular
Unless otherwise provided by law, the regular election of Senators and the House
shall be held on the 2nd Monday of May
2. Special
In case of vacancy, a special election may be called to fill such vacancy in the manner
prescribed by law
CONSTITUTIONAL LAWI
PRE-MIDTERMS
(SCUTARIUS LEGIS)
BUT the Senator of member of the House thus elected shall only serve for the
unexpired term
Vacancy in the Senate (at least 18 months)
COMELEC need not call for a special
election whenever there is a vacancy because the special election under any law may
be held simultaneously with the next regular election (RA6645)
Vacancy in the House (at least 1 year)
COMELEC should call for a special election
because it has no pre-scheduled election
Party-List Representative - not elected directly
District Representative - elected only within the districts involved
Senators - elected at large
noncompliance with rules of procedure made by itself to govern its deliberations.

What is the ground for the punishment or dismissal of a member of Congress?
Disorderly behavior.
DISCIPLINE OF MEMBERS
Art. 6, Sec. 16
Each House may punish its members for disorderly behavior
What is disorderly behavior?
Disorderly behavior is determined solely by the discretion of the House concerned. It is a political
question not triable upon the court.
ORGANIZATION AND SESSIONS

Election of Officers - the Senate shall elect is President and the House its Speaker, by
majority vote of all its respective members. Each House shall choose such other officers as
it may deem necessary (Senate President and Speaker of the House)
A body can only function or transact business when it is organized
When is the Congress considered organized?
When the Congress has elected its Speaker of the House and Senate President.
Quorum - Art. 6, Sec. 16 - A majority of each House shall constitute a quorum to do
business, but a smaller number may adjourn from day to day and may compel the
attendance of absent members in such manner, and under such penalties, as such House
may provide
The quorum to conduct business is majority ( +1) of all the members of each House
To pass a law, only the votes of the majority of those present in the session, there
being a quorum, is required
shifting majority
Avelino vs. Cuenco - majority is 50% of members + 1; there is a distinction between majority of
each house and majority of all the members of each house
Majority of members of each house means the majority of people present excluding
all members who are unreachable by our own processes
Majority of all the members of each house refers to all the members including those
that are absent
Quorum is not majority of all members of each house; it includes those who are
absent
RULES OF PROCEEDINGS
Each House may determine the rules of its proceedings
If Congress violates its own rules., courts cannot come in unless it violates constitutional
provisions
The rules adopted by the deliberative bodies are subject to revocation, modification, or
waiver at the pleasure of the body adopting them.
Art. 6, Sec. 16 - Each House may determine the rules of is proceedings, punish its
Members for disorderly behavior, and with the concurrence of two-thirds of all its Members,
suspend or expel a Member. A penalty of suspension, when imposed shall not exceed sixty
days.
Arroyo vs. De Venecia - The courts cannot declare an act of the legislature void on account of
How Can Congress punish its members?

Censure
Suspension - must not exceed 60 days; wherein the seat is vacated without changing the
representative therefore constituents will not have representation
Expulsion - the seat becomes vacant and constituents can elect a replacement
Expulsion and suspension will be done with 2/3 vote of all the members of the House
Indefinite suspension - reason why the 60 day rule was enacted; the representative/senator
will be silenced but his/her seat will not be deemed vacant
Alejandrino vs. Quezon - Suspension must not exceed 60 days and upon 2/3 vote of all its
members, not merely the members present.
Osmena vs. Pedantun - No member shall be questioned nor be held liable in any other place for
any speech or debate in the Congress or in any committee thereof.
Parliamentary immunity - privilege speech in any other place -- not liable in court, only in
Congress
The member of Congress may be held to account for such speech or debate by the House
to which he/she belongs
JOURNAL AND CONGRESSIONAL RECORDS
Art. 6, Sec. 16 - Each House shall keep a Journal of its proceedings and from time to time
publish the same, excepting such parts as may, in its judgment, affect national security;
and the yeas and nays on any question shall, at the request of 1/5 of the Members present,
be entered in the Journal. Each House shall also keep a Record of its proceedings.
Journal - a resume or summary of the proceedings
Record - word for word transcription of the proceedings
Purpose of a Journal/Record:
a.
To show the progress of the House
b. For purposes of statutory construction to show the legislative intent of the law
c.
Ensures full publicity of the proceedings of the legislative department thus giving the
opportunity for the people to know what their representatives are doing
Bicameral Conflicts Committee (BCC) - solves conflicts between the House of
Representatives and the Senate regarding the submission of a bill.
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What if there is a conflict on the voting of both Houses?
If the issue in question is a bill to be passed, a bicameral conference committee will be formed to
settle the differences. If it is about the presidency, war, etc., no precedent yet.
Enrolled Bill Theory
Enrolled bill - has undergone the 3 reading requirement; Senate President and
Speaker of the House signs it (unless they withdraw their signatures)
A bill approved by both houses and is enrolled and the enrolled copy of the bill bears
the certification of the Presiding officer of the House that the bill as enrolled is the
version passed by each House
Remedy - amendment or corrective legislation; not a judicial decree
A method of authentication
What if there is a conflict between the Enrolled Bill and the Journal?
Arroyo vs. De Venecia - the enrolled bill is conclusive to the TENOR (contents of the bill)
and DUE ENACTMENT (procedures required by the constitution)
Enrolled bill prevails over the journal except matters required by the constitution to be
enrolled in the journal:
a.
Yeas and nays on the third and final reading of the bill
b. Veto message of the President
c.
Yeas and nays on the re-passing of a bill vetoed by the President
d. Yeas and nays on any question at the request of 1/5 of the members present
SESSIONS
1)
Regular Sessions
Starts: 4th Monday of July
Ends: at least 30 days before the next regular session
Congress can change the date of the regular session by passing a law.
2)
Special Sessions
(1) When called by the President - May be held anytime the President calls for it
(2) W/o the need of call by the President - Instances where the Congress can hold a
Special Session without need of call
a.
3rd day of vacancy of the office of the President and the VP
b. Decide on the disability of the President
c.
Revoke or extend the Presidential proclamation of Martial Law
d. Suspension of the writ of Habeas Corpus
3)
a.
Joint Sessions
Voting Jointly
Declaration of martial law
Suspension of the writ of habeas corpus
Voting Separately
Congress as BOC
Temporary inability of President
Election of VP
Declaration of existence of state of war
Amendment of Revision
b.
Does Congress have to vote jointly when it transforms itself to a constituent assembly?
Not yet decided.
CONSTITUTIONAL ORGANS WITHIN CONGRESS
Electoral Tribunals
1. SET - Senate Electoral Tribunal; composed of 3 justices and 6 senators
2. HRET - House of Representatives Electoral Tribunal; composed of 3 justices and 6
representatives
The senators or representatives are chosen through proportional representation
The justices are designated by the Chief Justice
The use of proportional representation to fill up the 6 slots reserved for members of
the particular house is different from the rule under the 1935 Constitution, which
reserved 3 seats for the majority party and another 3 seats for the minority party.
In Tanada v Cuenco - the SC ruled that the slot reserved for the minority party should
not be filled up by the majority party, even if there was only one member from the
minority party (in the person of Tanada). For to fill it up would offset the balance of the
tribunal, and this would defeat its neutrality when acting as the sole judge of all
election contests. This could not be done under the present setup of the lower house
because of the party list system, which makes a fixed representation impossible.
The Electoral Tribunal shall be constituted within 30 days after the 2 houses shall
have been organized with the election of the President and the Speaker.
Function
The ET is the sole judge of all contests relating to ELECTION, RETURNS, and
QUALIFICATIONS of members of the legislature. (ERQ of members)
Angara vs. Electoral Commission - The grant of power to the Electoral Commission to
judge all contests relating to the election, returns and qualifications of members of the
legislature, is intended to be complete and unimpaired.
Judicial Review
The ET is generally not subject to judicial review unless there is a grave abuse of
discretion which is under the expanded jurisdiction of the courts.
Co vs. ET - (1) Judgments of electoral tribunal are beyond judicial interference save
only in the exercise of the Court's so-called extraordinary jurisdiction, upon a
determination that the tribunal's decision or resolution was rendered without or in
excess of its jurisdiction, or with grave abuse of discretion or upon a clear showing of
such arbitrary and improvident use by the Tribunal of its power as constitutes a denial
of due process of law, or upon a demonstration of a very clear unmitigated ERROR,
manifestly constituting such grave abuse of discretion that there has to be a remedy
for such abuse. (2) In the absence of a showing that the HRET has committed grave
abuse of discretion amounting to lack of jurisdiction, the Court cannot exercise its
corrective power.
Commission on Appointments
Composition
1. Senate President - as Ex Officio Chairman; cannot vote unless there is a tie
2. 12 Senators
3. 12 members of the House of Representatives
Function
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The Commission shall confirm or approve nominations made by the President of
certain public officers named by the Constitution or by law:
1. heads of the executive departments
2. ambassadors, other public ministers, and consuls
3. officers of the Armed Forces from the rank of colonel or naval captain
4. other officers whose appointments are vested in him in this Constitution
a. Chairman and members of 3 Constitutional Commissions
b. regular members of the Judicial and Bar Council
c. members of the Regional Consultative council
The Commission on Appointments shall meet to discharge its powers and functions
only while the Congress is in session. The meeting may be called by (a) the
Chairman, or (b) a majority of all its members.
The Chairman of the Commission does not vote, except to break a tie.
The Commission shall act on all appointments submitted to it within 30 session days
of the Congress from their submission. The Commission rules by a majority vote of all
its members.
IMPORTANT: Both the senators and the representatives are chosen through
PROPORTIONAL REPRESENTATION.
SALARIES
Senators - 50,000 per month
Representatives - 50,000 per month
Salary is determined by law.
If a change in salary (increase) is approved and implemented, it takes effect only upon the
expiration of the term of all members of Congress.
BUT they can increase their allowances without bar.
1.
2.
1.
2.
PRIVILEGES
Freedom from Arrest
If penalty is not more than six years and while Congress is still in session.
Session starts on the 4th Monday of July, every three years starting 1992 and ends
when Congress adjourns at least 30 days before the next session starts.
Purpose: To ensure proper representation of their constituents.
Privilege of Speech & Debate
Immunity from suit on all legislative actions: all deliberative and communicative
processes that the members of Congress does.
Appointment in an incompatible office is valid; if accepted forfeits its seat and applies
only during tenure not term.
Jimenez vs. Cabangbang- Speech and debate refer to utterances made by members
of Congress in the performance of official functions (communicative and deliberative
processes)
RESTRICTIONS
Members of Congress cannot hold any office without forfeiting his seat - Incompatible
Offices (Government Subdivision, Instrumentality, and Agency & Government-owned or
Controlled Corporations OR GSIA & GOCC)
They cannot be appointed to: (a) newly created offices during his term, (b) existing offices
but emoluments were increased - Forbidden Office
Note: Even if he is willing to forfeit his seat in Congress: Forbidden Office
Forbidden Office: effect of no forfeiture because appointment to such is null & void
3.
4.
5.
6.
They cannot appear personally in courts.

persona appearance - can sign pleadings though considered in legal parlance as
personal appearance
Be involved directly or indirectly or be interested financially in any contract with or in any
franchise or special privilege.
Intervene in any matter before any office of the government.
Disclose any financial interest.
Government office that is newly created
Forbidden
Other government offices that is not newly created
Incompatible
V. LEGISLATIVE DEPARTMENT: POWERS

Legislative power - the power to make, alter, or repeal laws, which is vested in Congress and the
people under the system of initiative and referendum.
Oversight function of Congress - looking at laws that have been enacted and how they
have been subsequently enforced
Is legislative power conclusive to Congress?
No, because the powers are also reserved to the people through initiative and referendum. The
power is shared with the people but only to the extent of initiative and referendum.
GENERAL REQUIREMENTS IN PASSING A LAW:
1. 3 readings on separate days
2. Printed copies must be distributed to Members.
3. Presidential consideration except when the President certifies to the necessity of its
immediate enactment to meet a public calamity or emergency.
4. One subject expressed in the title.
SPECIFIC REQUIREMENTS
1. Appropriation Bill
Must originate from the House of Representatives
Originate - refers to that the bill must be initiated by the House
It is alright for Senate to come up with an entirely different version
Amendment
by Substitution
a.
Appropriations, Revenue, and Tariff Bill (ART)
b. Bill of Local Application - ex. Law creating a city
c.
Private Bills - ex. Law granting citizenship
d. Bill authorizing the increase of public debt
GAL (General Appropriation Law) must be based on the budget prepared by the
President.
Congress cannot increase the appropriations recommended by the President.
2. Revenue (Tax Bill)
Limitations of the Powers of Congress on Passing a Bill
1.
One-Subject requirement
to prevent hodge-podge/log rolling legislation
Hodge-podge: contains many subjects to accommodate some subjects that can not
possibly pass through as a single bill on its own and so that a greater support will be
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garnered by the said bill.
What is the evil in a log rolling legislation?
What had been disapproved, if taken as its own will be approved because it was lumped in a
favorable subject.
2.
3.
Subject of the bill must be expressed in the title.

To prevent surprise or fraud because some members of Congress might not be able to
read the whole bill
A way of informing the public of what the bill is all about.
Extent of the requirement - the bill must be able to state what the bill is all about, not
necessarily enumerating the details of the bills
Some bills must originate exclusively from the House of Representatives
Some means that it must be initiated by the House of Representatives but Senate can
amend the bill by words or phrases or by complete substitution
a.
Appropriations, Revenue, and Tariff Bill
b. Bill of Local Application - ex. Law creating a city
c.
Private Bills - ex. Law granting citizenship
d. Bill authorizing the increase of public debt
Senate may file ahead of the HOR any of the bills mentioned above. But the Senate must
withhold action on the bill until it has filed and has received the version filed by the HOR.
Why from the House of Representatives?

The HOR are elected by district hence they are more knowledgeable with the needs of their
constituents.
1.
2.
3.
1.
2.
Limitations on General Appropriation Bill (GAL)

Originates from the House of Representatives
Must be based on the budget prepared by the President. (Art. 7, Sec. 22)
The particular provision must have to relate to a particular item in the said bill.
Requirements of a Special Appropriation Bill
Must be for a specific purpose.
Must have a certification from the National Treasurer that the funds are available or if there
is an accompanying revenue proposal as to how to raise the funds needed.
Sub rosa legislation
what the Constitution wants to prevent re that funds should be
readily available in the enactment of a bill or propose the necessary measures for revenue
Interdepartmental transfer of funds is not allowed. But one item in an appropriation can be
transferred for one item in other appropriation given that there is savings.
Can a special appropriation bill be filed even if there is no budget yet?

Yes, as long as there is an accompanying revenue proposal on how to raise the funds.
Art. VI, Sec. 25
All provisions must relate to a specific appropriation.
Prevents riders.
Reiteration of what was said that there should be one subject per bill.
1.
2.
3.
Discretionary Funds
Disbursed for public purpose.
Duly supported by appropriate vouchers.
Article 6, Sec. 29 to enforce the Separation of Church and State
Note: The treaty ratifying power of the Senate is not an exercise of legislative power.
4.
3 readings on separate days. Printing and distribution of the bill at least 3 days before its
final approval.
Except - When the President certifies the necessity of its immediate enactment to meet a
public calamity or emergency.
3rd reading
no amendment rule
Presidential certification dispenses both the 3-day printing and distribution and distribution
and the 3 readings on separate days. (Tolentino vs. Secretary of Finance)
It is not subject to Judicial Review because there is no factual basis on the grave abuse of
discretion to speak of.
Specific Limitations
Appropriation Bill
As a statute, the primary and specific purpose is to authorize the release of funds from
public treasury
Note: A law creating an office and providing funds at the same time is not an
appropriations bill since the main purpose is not to appropriate funds but to create the
office.
What is the test to determine that the bill is an appropriation measure?

If the primary purpose is to authorize the release of funds for a public purpose.
Transfer of Funds
The transfer of funds from one department to another is not allowed.
Transfer of funds within departments is allowed. Transfer can be allowed if there are
surpluses/savings. The transfer should be for the purpose of augmenting any item in the
appropriation law.
Transfer of funds can be done by:
1. President
2. Senate President
3. Speaker of the House
4. Chief Justice of the SC
5. Heads of Constitutional Commissions, Commission on Audit, COMELEC, Civil Service
Commission
Note: If Congress fails to pass a General Appropriations Act, the previous act will be reenacted
util such time that a General Appropriations Bill will be passed.
TAX
The enforced proportional contributions from persons and property, levied by the State by
virtue of its sovereignty, for the support of government and for all public needs.
Lifeblood Theory: taxes defray the expenses of government
Note: Tax is different from debt that only comes about if there is an agreement.
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TAXATION
The power by which the sovereign raises revenue to defray the necessary expenses of the
government
Restrictions/Limitations inherent to the Constitution:
1. Taxes are for public purpose
2. Non delegability of taxing power
3. Territoriality or situs of taxation
4. Tax exemption are provided in the Constitution
5. International comity (tariffs)
6. Taxes should not be oppressive
Tax laws are Constitutional if:
7. Theres due process of law
8. Adheres to the bill of rights
9. It does not infringe of Religious freedom
10. It does not impair contracts
Limitations of Revenue Bill:
11. Originated from the House of Representatives
12. Uniformly among the same class. Equitability based on the capacity to pay.
13. All lands, buildings, and improvements actually, directly, and exclusively used for
religious, charitable, or educational purposes shall be exempt from property tax. (Art.
VI, Sec. 28)
14. All revenues and assets of non stock, non-profit educational institutions used actually,
directly, and exclusively for educational purposes shall be exempt from taxes, and
duties. (Art. XIV, Sec. 4, Par. 3)
15. Any tax exemption measure shall be passed with the concurrence of a majority of the
members of Congress.
16. Tax must not be confiscatory (used for the implementation of police power). Taxes
should be imposed only for revenue purposes.
1.
2.
THE PRESIDENTS VETO POWER

General Veto Power
Item/Line Veto Power - only for Appropriation, Revenue, and Tariff (ART) bills
GR: veto the entire bill
Exception: veto only ART bills; item/line veto power
Inappropriate provisions can be vetoed because it is considered an item. Inappropriate
provisions are provisions that do not relate to any particular distinctive appropriation.
1.
2.
3.
4.
5.
1.
2.
3.
Implied limitations:
Congress cannot pass an irrepealably laws.
Non Delegation of Legislative Power
Potestas delegata non delegare potest
What has been delegated cannot be delegated further
Further delegation is a negation of this duty because it violates the trust reposed in the
delegate mandated to discharge it directly
Test of delegation
completeness test
has all the details when it leaves the hands
of Congress such that there is nothing more to be done but to enforce it
Sufficiency of standard
the policy
Note: With or without section 21, Congress can have legislative investigation because
it is an inherent power. Section 21 only limits it.
Question Hour
The heads of department shall provide, appear before, and be heard, by any House,
on any matter pertaining to their departments:
a.
Upon their own initiative, with the consent of the President
b. Upon request or either House, as the rules of that House shall provide
Note: A member of the Cabinet may not refuse to appear before the House. If he refuses, a
summons, he can be cited for contempt if the President forbids his appearance, still he must
appear if asked by Congress.
Can Congress refuse a Head of Department?
Yes, because the section is not mandatory but permissive.
1.
2.
3.
What are inappropriate provisions? (Doctrine of Inappropriate Provisions)

1. Any provision which does not relate to any particular distinctive appropriation or item.
2. Any provision blocking an administrative action in implementing a law or requiring
legislative approval of executive action.
3. Any unconstitutional provision.
4. Any provision intended to amend a certain law.
4.
5.
6.
7.
8.
When does a law become effective?

The effectivity of a law starts after its publication which is generally 15 days unless otherwise
provided.
1.
Express limitations on legislation: (general and specific requirements)
3 readings on separate days

Tax laws limitations
The Bill of Rights
Jurisdiction of the SC (judicial power and judicial review)
Constitutional provision prohibiting bestowing a title of royalty
2.
Other powers of Congress:

Power to amend
Act as board of canvasser the position of President and VP
Sole power to call special election in case of vacancy of both the Presidential and VicePresidential positions (Note: Special elections can only be held if there is no upcoming
election within 6 months)
Approves or disapproves the amnesty granted by the President
Power to concur in treaties
Power to declare war and delegate emergency power
Power to judge the Presidents fitness
Power to Impeachment
POWER TO CONCUR IN TREATIES (Art. 7, Sec. 24)
Customary International Law (GAPIL)
A general and consistent practice of States followed by them from a sense of legal
obligation
Follows the Incorporation Doctrine
Conventional International Laws
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Results from specific agreement within parties
Follows the Transformation Doctrine
Any one can be compelled to appear by Congress as long as the issues are concerned
with aids of legislation EXCEPT the President.
Heads of departments can appear only if they secure the consent of the President.
POWER TO DECLARE THE EXISTENCE OF THE STATE OF WAR

It is not Congress that declares war. It only declares its existence. The power to declare
war is within the President.
POWER OF EMERGENCY POWERS OF THE PRESIDENT
For the purpose of carrying out a declared national policy
Lawmaking - not just a power but a duty as born by ethical consideration it has to be
exercised by one delegated to do it
Rules and Regulations - have the force and effect of laws but they are not laws. They are
but implementation of the law.
Completeness test - if there is no room for discretion on what the law says, then there is no
room for legislating, thus no further delegation of legislative power will happen
Sufficient Standard Test - even if the law is not complete but has sufficient standard rules
and regulations can be made because there is enough restriction preventing the further
setting of policies
Are they required to answer all questions?

Not when the question violates ones rights or not when the question falls within the covered
executive privilege of the President.
What is the executive privilege of the President?
There are three kinds of executive privilege:
1. Informers privilege - privilege of the government not to disclose the identity of persons who
furnished information regarding violations of law
2. Privilege according to Presidential communications - ex. Deliberative process privilege
covering documents reflecting advisory opinions, recommendations, and deliberations
comprising part of a process by which governmental decisions and policies are formulated
3. Diplomatic negotiations privilege - refers to the character of diplomatic negotiations,
deliberative process, and presidential communications is similar, not identical.
SHOW THAT THERE IS SUFFICIENT PUBLIC NEED.
Are administrative rules and regulations a delegation of legislative power?

No, because they are not setting the WHAT but the HOW. These rule and regulations only
implement what has already been set forth.
Rules and regulations will not amount to a law if:\
1. It does not set forth policies.
2. It only implements a law.
Exceptions:
3. Emergency powers given to the President (Art. 6, Sec. 23)
4. Delegation of Initiative and Referendum powers to the people
5. The delegation of taxing powers to the LGUs (Art. 10, Sec. 5)
6. Delegation of Tariff powers of the President (Art. 6, Sec. 28, Par. 2)
The power of inquiry with the process to enforce it -- is an essential and appropriate
auxiliary to the legislative function. A legislative body cannot legislate wisely or effectively in
the absence of information respecting the conditions which the legislation is intended to
affect or change; and where the legislative body does not itself possess the requisite
information -- which is not infrequently true -- recourse must be had to others who possess
it. (NOLECO vs. Sangguniang Panglungsod of Dumaguete)
Seizes upon the next adjournment of Congress or if withdrawn by a resolution of Congress
Resolution is not a law thus cannot be vetoes by the President and need not be passed to
the President for his approval
POWER TO JUDGE THE PRESIDENTS FITNESS (PHYSICAL)
Refers only to temporary incapacity
Such incapacity can be declared by his own written declaration
If he is silent with his unfitness, such incapacity can be declared upon the first written
declaration by the majority of his cabinet
If he counters the written declaration of his cabinet, Congress can decide by 2/3 vote of all
its members voting separately, acting on the second written declaration by his Cabinet.
AIDS TO LEGISLATION
Legislative Inquiries or Investigations
When may Congress conduct such investigation?
1. If the purpose is in AID OF LEGISLATION
2. If its in accordance with its rules and procedures
3. Its rules and regulations must be duly published
4. Rights of persons appearing therein must have to be respected
What are the valid purposes of legislative investigation? (Bengzon vs. HRET)
1. Administration of existing laws and of proposed legislation
2. Examination of societal ills
Can Congress hold witnesses who not appear in contempt? (NOLECO vs. Sangguniang
Panglungsod of Dumaguete)
Yes, because how can Congress obtain the knowledge and information on which to base
intended legislation if it cannot require and compel the disclosure of such knowledge and
information.
POWER OF IMPEACHMENT
Also referred to as Political Justice
Who may be impeached?
1. President
2. Vice President
3. Justices of the SC
4. Members of the Constitutional Commission, Commission on Audit, COMELEC, Civil
Service Commission
5. Ombudsman
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Note: the enumeration is EXCLUSIVE
A. QUALIFICATIONS, ELECTION, TERM, OATH
1.
2.
3.
4.
5.
6.
Grounds for impeachment:

Culpable violation of the Constitution
Treason
Bribery
Graft & corruption
Other high crimes: crimes so serious as to strike at other workings of the government, there
must be a law punishing such act as a crime
Betrayal of public trust - can comprehend a lot of acts (ex. Loss of popularity)
Are the grounds exclusive?

Technically, yes. But there are a lot of situations that might involve betrayal of public trust or
come within that phrase because the phrase is broad and not so well defined.
Qualifications of the President

1. Natural-born citizen of the Philippines
2. A registered voter
3. Is able to read and write
4. 40 years of age on the day of the election
5. Resident of the Philippines or at least 10 years immediately preceding the election
residence referred to here is not the actual but the legal residence or domicile (this is
the reason why Cory Aquino was able to run for President)
Term of Office of the President: 6 years without any possible re election
Manner of Election: direct vote of the people
Process of impeachment:
Starts at the House of Representatives - they have exclusive power to initiate all cases
of impeachment
1. A verified complaint must be passed called Articles of Impeachment
2. If such complaint is submitted and signed by 1/3 of all the members of the House, then
it goes directly to the Senate for trial.
3. If such complaint is passed by less than 1/3 of the members of the HR or by a citizen
plus a resolution of impeachment, then such complaint:
Will be calendared within 10 days
Will be referred to the appropriate committee within 3 days
A committee report should be made within 60 days
After such report has been made, it will be calendared within the next 10 days
It will be voted upon by the House of Representatives, if it gets 1/3 vote, then it
will go to the Senate for trial
4. Upon trial in Senate, a 2/3 vot3e in the Senate is needed to impeach an officer. If the
President is on trial, the Chief Justice will preside the trial.
Effects of Impeachment:
If convicted, official will be:
1. Removed from office
2. Disqualified to hold any public office
NOTE:
It does not include imprisonment because the purpose of impeachment is to determine the
officials fitness to hold office. Nevertheless, the party convicted shall be liable and subject
to prosecution, trial, and punishment according to law.
Impeachment proceedings must have to go on even if the officer resigns before the
proceedings end
No impeachment proceedings shall be initiated with one official twice in one year. ***
The SC tells us that proceedings are deemed initiated upon filing coupled with action of the
House through the referral to the committees.
VI. EXECUTIVE DEPARTMENT: THE PRESIDENT (Art. VII)
Executive power is vested by society on the President
B. PRIVILEGE AND SALARY

Salary: fixed by law
Cannot be decreased during tenure (actual time he/she held office) and cannot be
increased during his term
Privileges:
1. Official residence is the Malacanang Palace
2. Immunity from Suit
The privilege of immunity from suit can only be invoked by the President and since it
only pertains to him/her, he/she can choose to waive such privilege.
C. PROHIBITIONS
1. Cannot hold any other office during the tenure (Art. 7, Sec. 13). Applies to:
a.
President
b. Vice President
c.
Cabinet
d. Deputies and assistants
Note: There are differences between the prohibitions of Congress and the Executive
Department.
Congress: prohibited from holding office in Government owned and controlled
corporations or by government instrumentality, agency, or subsidiary
Executive: prohibited from holding any other office whether public or private
The SC tells us that when an official holds other duties for the same office where he does
not receive additional compensation, he holds it in his ex efficio capacity and is required by
his primary function, that is not what is referred to as any other office in Art. 7, Sec. 13 of
the Constitution.
The President, VP, Cabinet heads, their deputies and assistants, are a class by themselves
because the prohibitions of other officials dont pertain to them. The prohibitions are stricter
as provided by the Constitution.
Exceptions: When otherwise provided by the Constitution like:
a.
When the VP is appointed as Cabinet member
needs no confirmation
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b.
c.
When the VP acts as the President

When the Secretary of Justice shall be head or member of the Judiciary
Bar Council
agents or alter egos of the President. The many departments are extensions of the
personality of the President.
Doctrine of Political Agency
The President is the principal and the department heads are the agents.
The acts of the secretaries are presumably acts of the President unless
countermanded or reprobated by him/her.
Superior has authority to substitute his judgment with the judgment of the
subordinates.
Judicial
2.
They shall strictly avoid conflict of interest in the conduct of their office as provided for in
the first paragraph of Article 7, Sec. 23.
3.
The spouse and relatives by consanguinity or affinity within the fourth civil degree of the
President shall not during his tenure be appointed as Members of the Constitutional
Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries,
chairmen or heads of Bureaus or offices including government owned or controlled
corporations.
D. SUCCESSION
Before June 30
1. If the President elect fails to qualify or dies or is permanently incapacitated, the VP
becomes president.
2. If the President elect becomes incapacitated temporarily, the VP will act as President
until such time that the President elect can assume office.
3. If there is a failure to elect the President, the VP will assume or act as President.
After June 30 or on the incumbency of the President
4. If the President dies, gets disabled permanently, is removed from office or resigns.
The VP becomes the President.
E. REMOVAL
Not all officials appointed can be directly removed by the President because removal of a
public servant must be for a just cause and after procedures provided by law.
On the contrary, if a cabinet member is fired, it is not a removal from office, but just an
expiration of his/her term because his/her term is until he/she is still wanted by the
President.
F. THE VICE - PRESIDENT
Same qualifications as the President
Term of Office: 6 years, subject to re-election
Vacancy of the President will nominate a VP from the members of Congress which will be
subject to Congress approval by a majority vote of its members voting separately
Has the duty of being a President, appointed as a member of the Cabinet
C. POWER OF GENERAL SUPERISION OVER LGUs

As opposed to the Power of Control, the Power of General Supervision is merely the power
to see that the subordinates (LGUs) perform their functions within the bounds of the law
The President can only come in if subordinates go beyond the bounds of the law
The president can take steps against an official who steps beyond the bounds of law
Is compatible to power to discipline
Superior sees to it that the subordinate performs his/her function within the bounds of law.
D. POWER OF APPOINTMENT
Essentially and inherently executive (GPI vs. Springer), therefore even if there is not
provision in the law, the power is still essentially executive, unless there is a provision to
the contrary
If nobody is authorized by law to appoint then the President will appoint
1.
2.
3.
4.
Appointments that will pass through the Commission on Appointments (found in Congress):
a.
Heads of Executive departments
b. Ambassadors, public ministers, consuls
c.
Officers of the Armed forces of the Philippines with the rank of colonel or naval captain
d. Other officers whose appointments are vested in the President in the Constitution
Chairman and Commissioners of the Constitutional Commissions
Regular members of the Judicial Bar Council
Appointments not otherwise provided by law
Appointments whom he may be authorized by Congress to appoint
Appointments vested in the President alone
Upon the recommendation of the Judicial and Bar Council, the President can appoint the
following without the approval of the COA:
a.
Members of the SC and all other courts (Art. 8, Sec. 9)
b. Ombudsman and deputies (Art. 9, Sec. 9)
Ad Interim or recess appointment: appointments made while Congress is on recess. Will
last until (1) disapproved by the COA or (2) until the next adjournment of Congress
VII. POWERS AND FUNCTIONS OF THE PRESIDENT

A. EXECUTIVE POWER
Marcos vs. Manglapus - The constitution tells us that Executive Power is the sum total of all
the specified powers of the President under the Constitution and his residual unspecified
powers to protect the people and promote the general welfare.
Gonzales vs. Hechanova - Executive power is NOT the power to disregard the law or
defeat a legislative enactment.
B. POWER OF CONTROL
Villena vs. Sec of Interior:
The departments are adjuncts of the executive and officials of such departments are
What is the nature of an ad interim appointment?

SC said that an ad interim appointment is a permanent appointment in the sense that since it
has made by the President, it can no longer be revoked. Ad interim as a phrase has reference
not on the nature of the appointment but only the manner of appointing.
When will an ad interim appointment cease?
(1) upon disapproval by the COA or (2) until the next adjournment of Congress
NOMINATES
CA CONFIRMS
APPOINTS
ACCEPTS (regular appointment)
CONSTITUTIONAL LAWI
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(SCUTARIUS LEGIS)
APPOINTS
ACCEPTS
CA CONFIRMS (ad interim appointment)

There must be an express restoration of civil and political rights.
APPOINTMENT BEFORE CONFIRMATION

Except: (1) In cases of impeachment & (2) As otherwise provided in this Constitution
When is the recess referred to in Ad Interim Appointments?
It is not the time between the adjournment of Congress and the start of its regular session. The
recess referred to here are the times of interval of the session of the same Congress.
Limitations to the Appointing Power
1. Art. 7, Sec. 14: Appointments extended by an Acting President shall remain effective
unless revoked by the elected President within 90 days from his/her assumption or reassumption of office.
2. Art. 7, Sec. 15: 2 months immediately before the next presidential elections and up to
the end of his/her term, a President or Acting President shall not make appointments,
except temporary appointments, except temporary appointments to executive
positions when continued vacancies therein will prejudice public service or endanger
public safety.
3. The President cannot appoint relatives as members of the Constitutional
Commissions, or the office of the Ombudsman, or as Secretaries, Undersecretaries,
chairmen of the heads of bureaus of offices, including GOCCs and their subsidiaries.
Consequences of Violation of Pardon: (if conditional)

1. Action by the President to order your recommitment
Revised Administrative Code; no
conviction
2. Action by the Judiciary prosecuted by the state for violation of conditional pardon under Art.
159 of the RPC; needs a conviction
Distinctions:
Pardon vs. Probation - Pardon comes from the executive and can be applied before and on the
service of sentence. Probation on the other hand is granted by the judiciary and is applied for
those convicted of 6 years below before service of sentence.
Pardon vs. Parole - Pardon is again granted by the President. It erases the penalty of the crime.
Parole is granted by the Parole Board and can only be granted after the service of the minimum
term of the penalty. The penalty is still there but is served outside prison.
Probation vs. Parole- Probation is a judicial act while parole is an executive act.
E. REMOVAL
Not all officials appointed can be directly removed by the President because removal of a
public servant must be for a just cause and after procedures provided by law.
On the contrary, if a cabinet member is fired, it is not a removal from office, but just an
expiration of his/her term because his/her term is until he/she is still wanted by the
President.
Pardon vs. Amnesty - Pardon is a private act of the President that can be granted upon the final
judgment. Only the penalty is erased but he is still a convict. Amnesty is a public act of the
President. It requires concurrence of the majority of members of Congress. It can be granted in
any stage of the trial. It erases both the penalty and the crime.
F. PARDONING POWER
A mechanism of check and balance as it checks upon the harshness of the law made by
Congress or erroneous judgment of the Judiciary
Limitations to the Presidents Pardoning Power

1. The President cannot pardon impeached officers.
2. He can only grant pardon after final judgment.
3. In election cases, he can only grant pardon if theres favorable recommendation by the
COMELEC.
Nature of Pardon
An act of grace proceeding from the power entrusted with the execution of the laws
Exempts the individual on whom it is bestowed from the punishment the law inflicts for the
crime he has committed. It is a remission of guilt; a forgiveness of the offense.
Kinds of Executive Clemency:
1. Reprieves
2. Commutation
3. Pardons
4. Remimission of fines and penalty
Kinds of Pardon:
1. General/ Partial Pardon
a.
General pardon
b. Partial pardon - only the principal penalties are removed
2. Complete & Absolute/Conditional Pardon
a.
Absolute - no condition; acceptance of the pardonee is not necessary
b. Conditional - has to be accepted by the pardonee
G. MILITARY POWERS (arranged from least dangerous to most dangerous/degree of severity)

1. Power to call on the military/armed forces
not subject to judicial review; call out armed
forces to prevent or supress lawless violence, invasion, or rebellion, when public safety
requires it.
2. The power to suspend the privilege of the writ to habeas corpus
invasion, rebellion when
public safety requires it
Writ of Habeas Corpus
Writ: order from the court
Habeas corpus: have the body
a writ of liberty: one can avail of when you want to test
the validity of your detention
Referred to the writ of liberty
(1) ORDER directed to the person detaining to bring the body of the person detained to the
court and (2) state the DATE, TIME, CAUSE of detention.
The RETURN is where the officer detaining writes the above details.
The WRIT gives the court the option to determine if the cause is valid or legal.
The privilege can be suspended when:
CONSTITUTIONAL LAWI
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a.
b.
Theres rebellion or invasion

Public safety requires it
Note: Even if the privilege is suspended, the writ can still be issued. If the cause is of detention
mentioned in the return is rebellion when the court will not inquire at the legality of the detention.
Safeguards: One charged and detained by the reason of rebellion must be charged judicially
within 3 days, if he should be released. The right to bail will not be suspended.
Writ of Amparo
Remedy available to any person whose right to life, liberty, and security is violated or
threatened with violation by an unlawful act or omission of a public official or employee, or
of a private individual or entity.
How does this relate to the writ of habeas corpus?
It compliments the writ of habeas
corpus. Its not enough for the private entity to say that he/she doesnt know the
whereabouts of a person. If you dont know the whereabouts, you must state that you have
endeavored to take steps to determine the fate or whereabouts of the aggrieved party.
SC held Writ of amparo cannot be availed if the threat is directed upon ones property or
property rights. Cannot be used to protect ones property or property rights.
Writ of Habeas Data
A remedy available to any person whose right to privacy in life, liberty, or security is
violated or threatened by an unlawful act or omission, of a public official or employee, or of
a private individual or entity engaged in the gathering, collecting or storing of data or
information regarding the person, family, home and correspondence of the aggrieved party.
Right to truth.
3.
Power to declare Martial Law

a.
What is Martial Law?
b. When may the President declare Martial Law?
i.
When there is rebellion or invasion
ii. If public safety requires the declaration
c.
How to declare ML?
i.
Within 48 hours from the proclamation, the president shall submit a report in
person or writing to Congress
ii. When the president proclaims martial law or suspends the privilege of the writ, it
shall be effective for 60 days unless sooner revoked by Congress
iii. Upon such proclamation, Congress shall convene at once
iv. The Congress shall then vote jointly, by an absolute majority. It has two options:
To revoke such proclamation or suspension
To extend it beyond the 60 day period of its validity
d. What can Congress do?
Congress can either revoke or extend such declaration or
suspension. (such revocation cannot be set aside by the President)
e.
What may the SC do?
If the Congress does not revoke such proclamation or
suspension, the SC can nullify it for the reason of insufficiency of factual basis for the
declaration of martial law or suspension of the writ. The SC must have to decide on
the case within 30 days from its filing. Such case may be filed by an ordinary citizen.
f.
Effects of Declaration of Martial Law:
The Constitution is silent on what will happen but provides what should not
happen when there is Martial Law. The following cannot be done when there is
Martial Law:
i.
Suspend the operation of the Constitution.
ii. Supplant the functioning of the civil courts and the legislative assemblies.
iii. Confer jurisdiction upon the military courts and agencies over civilians,
where civil courts are unable to function.
iv. Automatically suspend the privilege of habeas corpus.
What could obviously happen is that the President, with the military, will take over
some government agencies that cannot function because of the
threat/cause/rebellion or invasion.
H. EMERGENCY POWERS
Art. VI, Sec. 23.
In times of war or other national emergency, the Congress, may, by law,
authorize the President, for a limited period, and subject to such restrictions as it may
prescribe, to exercise powers necessary and proper to carry out a declared national policy.
Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the
next adjournment thereof.
This grant of emergency power to the President is different from the Commander-n-Chief
clause. When the President acts under the Commander-in-Chief clause, he acts under a
constitutional grant of military power, which may include the lawmaking power. But when
the President acts under the emergency power, he acts under a Congressional delegation
of lawmaking power.
I. CONTRACTING AND GUARANTEEING FOREIGN LOANS
The power to contract and guarantee foreign loans
3 conditions:
1. Prior concurrence or consent by the Monetary Board
2. Subject to limitations as may be provided by law
3. Done within the conditions issued by the BSP.
J. POWER OVER FOREIGN AFFAIRS
1. Treaty making power (Art. 7, Sec. 21)
Bayan vs. Zamora - treaties should not just be concurred by Congress but must be
considered as such by the other country entering into the treaty if it involves the
presence of foreign military in our country.
Must be concurred by 2/3 of members of Senate
2. Power of legislation
a.
Veto power of the President
b. Power to certify the immediate enactment of bills
c.
Power to address Congress
VIII. THE JUDICIARY (ART. VIII)
A. THE SUPREME COURT
A.1. COMPOSITION
Judicial Department:
1. One Supreme Court composed of:
a.
The Chief Justice
b. 14 Associate Justices
2. Such lower courts as may be provided by law
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A.2. APPOINTMENT AND QUALIFICATIONS (SECS. 7, 8, 9)
Qualifications to be a member of the SC:
1. Natural born citizen
2. At least 40 years old
3. At least 15 years of practice of law or experience as a judge of lower courts
4. Of proven competence, integrity, probity, and independence
B.1 JUDICIAL POWER (two concepts)

1) Includes the duty of the courts of justice to settle actual controversies involving rights which
are legally demandable and enforceable, and -2) 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
Jurisdiction - authority of the courts to hear or decide cases
How are they appointed?

The Judicial Bar Council recommends 3 nominees for every vacancy to the President where he
will appoint one without the need of confirmation from the SC.
B.2. JUDICIAL REVEW

Power of the courts to declare that a law or executive act is not in accord with the
constitution; enforces constitutional supremacy
Mode of sitting:
En banc: all justices
By Division: 5, 3, or 2 divisions with 3, 5, or 7 members
Note: SC Doctrine states that the decision of the divisions is the decision of the whole
court
JR is part and a parcel of JP

JR is not supremacy of the courts but supremacy of the constitution -> doctrine of
constitutional supremacy
JR does not nullify the act of the other branches of the government but only asserts its
solemn and sacred obligation assigned by the constitution
The Philippines is the first in the world to define JUDICIAL POWER
Vargas vs. Rilloraza - Temporary designation of judges of the CH or the Court of Appeals in the
SC to constitute a quorum due to the disqualification of some of the justices is unconstitutional.
There is but one SC whose membership appointments are permanent.
A.3. SALARY (SEC. 10)
Salary fixed by law and may not be decreased during their continuance in office.
Nitafan vs. CIR - imposition of taxes on their salary is not a diminution of their salary
A.4. SECURITY OF TENURE (SEC. 11, SEC. 2, PAR. 2)
Justices hold office during GOOD BEHAVIOR until they reach the age of 70 years or
otherwise become incapacitated to discharge the duties of their office.
No law shall be passed reorganizing the Judiciary when it undermines the security of
tenure of its Members.
B.3. ART. VIII, Sec. 5

KINDS OF JURISDICTION
1) Original - Cases that come to the court at first instance
2) Appellate
Can a law be passed increasing original jurisdiction of the SC without its advise and
concurrence? Yes.
Can a law be passed increasing the appellate jurisdiction of the SC without its advise and
concurrence? No.
Can a law be passed taking out certain jurisdictions of the SC? Yes.
A.5. REMOVAL (SEC. 11)

Art. XI, Sec. 2.
The Members of the Supreme Court xxx may be removed from office, on
impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery,
graft and corruption, other high crimes, or betrayal of public trust. All other public officers
and employees may be removed from office as provided by law, but not by impeachment.
Members of the SC cannot be removed except by impeachment. Thus, a SC justice cannot
be charged in a criminal case or a disbarment proceeding, because the ultimate effect of
either is to remove him from office, and thus circumvent the provision on impeachment.
STRUCTURE OF THE PHILIPPINE JUDICIARY SYSTEM

Supreme Court
Court of Appeals
Trial Court
When do you abolish an office? Is that the same as removal from office?
No, an office can be abolished without removing the official from office.
SPECIFIC POWERS OF THE COURT
A.6. FISCAL AUTONOMY (SEC. 3)

Art. VIII, Sec. 3.
The Judiciary shall enjoy fiscal autonomy. Appropriations for the
Judiciary may not be reduced by the legislature below the amount appropriated for the
previous year and, after approval, shall be automatically and regularly released.
B. POWERS OF THE SUPREME COURT
Municipal or Regional
2.
a.
b.
c.
ADMINISTRATIVE POWER
Assign temporarily judges of lower courts to other stations as public interest may require.
Such temporary assignment shall not exceed six months without the consent of the judge
concerned.
Order a change of venue or place of trial to avoid a miscarriage of justice.
Promulgate rules concerning the protection and enforcement of constitutional rights,
CONSTITUTIONAL LAWI
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d.
pleading, practice, and procedure in all courts, the admission to the practice of law, the
integrated bar, and legal assistance to the under-privileged. Such rules shall provide a
simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform
for all courts of the same grade, and shall not diminish, increase, or modify substantive
rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court.
Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law
B.4. ART. VII, SEC. 18, PAR. 3

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of the proclamation of martial law or the suspension of the
privilege of the writ of habeas corpus or the extension thereof, and must promulgate its
decision thereon within thirty days from its filing.
Art. IX A, Sec. 7
Each Commission shall decide by a majority vote of all its Members,
any case or matter brought before it within sixty days from the date of its submission for
decision or resolution. A case or matter is deemed submitted for decision or resolution
upon the filing of the last pleading, brief, or memorandum required by the rules of the
Commission or by the Commission itself. Unless otherwise provided by this Constitution or
by law, any decision, order, or ruling of each Commission may be brought to the Supreme
Court on certiorari by the aggrieved party within thirty days from receipt of a copy thereof.
B.5. CONGRESSIONAL POWER OVER JURISDICTION OF THE SC
The Congress shall have the power to define, prescribe, and apportion the jurisdiction of
the various courts but may not deprive the Supreme Court of its jurisdiction over cases
enumerated in Section 5 hereof.
Congress has the power to create new courts and to apportion jurisdiction among various
courts. However, in the exercise of this power Congress may not impair the independence
of the judiciary.
Art. 6, Sec. 30
No law shall be passed increasing the appellate jurisdiction of the
Supreme Court as provided in this Constitution without its advice and concurrence.
But while the jurisdiction of courts is a matter of legislative apportionment, the Constitution
sets certain limitations on this prerogative:
1. It cannot decrease the constitutionally set jurisdiction of the Supreme Court. (It may
not deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5
hereof.)
2. It cannot increase the constitutionally set appellate jurisdiction of the Supreme Court.
3. It can increase the original jurisdiction of the SC (pursuant to its general power).
4. It can make the jurisdiction of the SC concurrent with lower courts (pursuant to its
general power). Thus, under the Rules of Court, the original jurisdiction of the SC is
concurrent with the RTC and in the case of the special civil actions, with the CA.
5. It cannot pass a law reorganizing the judiciary when it undermines the security of
tenure of its members. (Art. VI, Sec. 2, par. 2)
B.6. MANNER OF SITTING AND VOTES REQUIRED
The Supreme Court may sit en banc or in its discretion, in divisions of 3, 5, or 7 members.
[Art. VIII, Sec. 4(1)]
The following cases shall be heard by the SC en banc:
1. Cases involving the constitutionality of a treaty, international or executive agreement
or law. [Id., Sec. 4(2)]
2. Cases involving the (a) constitutionality, (b) application, or (c) operation of presidential
decrees, proclamations, orders, instructions, ordinances and other regulations. [Id.,

Sec. 4(2)]
3. All other cases which under the Rules of Court are required to be heard by the SC en
banc. [Id., Sec. 4(2)]
4. Cases or matters heard by a division where the required number of votes to decide or
resolve (the majority of those who took part in the deliberations on the issues in the
case and voted thereon, and in no case less than 3 members) is not met. [Id., Sec.
4(3)]
5. To modify or reverse a doctrine or principle of law laid down by the court in a decision
rendered en banc or in division. [Id., Sec. 4(3)]
6. Administrative disciplinary cases involving judges of lower courts. (Id., Sec. 11.)
7. Actions instituted by citizen to test the validity of a proclamation of martial law or
suspension of the privilege of the writ. (Art. VII, Sec. 18.)
8. The court sitting as Presidential Electoral Tribunal. (Art. VII, Sec. 4, par. 7.)
Rule 56, Sec. 11
Sec. 11. Procedure if opinion is equally divided. Where the court en
banc is equally divided in opinion, or the necessary majority cannot be had, the case shall
be reheard, and if on rehearing no decision is reached, the action shall be dismissed if
originally commenced in the court; in appealed cases, the judgment or order appealed from
shall stand affirmed; and on all incidental matters, the petition or motion shall be denied.
Rule 125, Sec. 3
Sec. 3. Decision if opinion is equally divided. When the court en banc is
equally divided in opinion, or the necessary majority cannot be had, the case shall be
reheard, and if on rehearing no decision is reached, the judgment of conviction of the lower
court shall be reversed and the accused acquitted.
B.7. REQUIREMENTS AS TO DECISIONS
Section 13. The conclusions of the Supreme Court in any case submitted to it for decision
en banc or in division shall be reached in consultation before the case is assigned to a
Member for the writing of the opinion of the Court. A certification to this effect signed by the
Chief Justice shall be issued and a copy thereof attached to the record of the case and
served upon the parties.
Members who took no part, or dissented, or abstained from a decision or resolution, must
state the reason therefore. The same requirements shall be observed by all lower collegiate
courts.
Section 14. No decision shall be rendered by any court without expressing therein clearly
and distinctly the facts and the law on which it is based.
b.7.1 Mandatory periods for deciding cases
SC
w/in 24 months from date of submission
Lower collegiate courts
12 months
Lower courts
3 months
Submitted for decision - upon filing of the last pleading, brief, or memorandum
Note: State the period in months, not in days/years.
B.8. JUDICIAL POWERS
1. Exercise original jurisdiction over cases affecting ambassadors, other public ministers and
consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas
corpus.
2. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of
Court may provide, final judgments and orders of lower courts in:
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i.
ii.
iii.
iv.
v.
All cases in which the constitutionality or validity of any treaty, international or

executive agreement, law, presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.
All cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.
All cases in which the jurisdiction of any lower court is in issue.
All criminal cases in which the penalty imposed is reclusion perpetua or higher.
All cases in which only an error or question of law is involved.
B.9. ADMINISTRATIVE POWERS

1.
Supervision of lower courts

Art. VIII, Sec. 6.
The Supreme Court shall have administrative supervision over all courts
and the personnel thereof.
2.
Temporary assignment of judges

Art. VIII, Sec. 5.
The Supreme Court shall have the power (to)
Assign temporarily
judges of lower courts to other stations as public interest may require.
Such temporary assignment shall not exceed six months without the consent of the judge
concerned.
3.
Discipline members of the Judiciary

Members of the lower courts and personnel
4.
Order a change of venue

Order a change of venue or place of trial to avoid miscarriage of justice [Art. VIII, Sec. 5 (4)]
5.
Appointment of officials and employees of judiciary

Art. VIII, Sec. 5. The Supreme Court shall have the power (to)
Appoint all officials and
employees of the Judiciary in accordance with the Civil Service Law.
to the underprivileged.
Limitations to this power: Such rules shall (i) provide simplified and inexpensive
procedure, for the speedy disposition of cases, (ii) be uniform for all courts of the
same grade, and (iii) not diminish, increase or modify substantive rights.
Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless
disapproved by the SC. [Art. VIII, Sec. 5(5)]
B.11. PROHIBITION AGAINST QUASI-JUDICIAL OR ADMINISTRATIVE WORKS
Generally: No non-judicial work for judges; No quasi-judicial and administrative work for
judges.
As a general rule, members of the judiciary shall only have judicial functions, in line
with the separation of powers principle of the Constitution.
Art. VIII, Sec. 12. The members of the Supreme Court and of other courts established by
law shall not be designated to any agency performing quasi-judicial or administrative
function.
C. REPORT ON JUDCIARY (SEC. 16)
The Supreme Court shall, within thirty days from the opening of each regular session of the
Congress, submit to the President and the Congress an annual report on the operations
and activities of the Judiciary.
D. THE LOWER COURTS
B.10. RULE-MAKING POWERS

Art. VIII, Sec. 5. The Supreme Court shall have the following powers:
1. Promulgate rules concerning the protection and enforcement of constitutional rights,
pleading, practice, and procedure in all courts, the admission to the practice of law,
the Integrated Bar, and legal assistance to the underprivileged.
2. Such rules shall provide a simplified and inexpensive procedure for the speedy
disposition of cases, shall be uniform for all courts of the same grade, and shall not
diminish, increase, or modify substantive rights. Rights of procedure of special courts
and quasi-judicial bodies shall remain effective unless disapproved by the Supreme
Court.
Art. XII, Sec. 14, Par. 2
The practice of all professions in the Philippines shall be limited
to Filipino citizens, save in cases prescribed by law.
Art. VII, Sec. 18, Par. 3
The Supreme Court may review, in an appropriate proceeding
filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or
the suspension of the privilege of the writ of habeas corpus or the extension thereof, and
must promulgate its decision thereon within thirty days from its filing.
Rule making
Promulgate rules concerning (a) the protection and enforcement of
constitutional rights, (b) pleading, practice and procedure in all courts, (c) the
administration to the practice of law, (d) the Integrated Bar, and (e) legal assistance
d.1. Qualifications & Appointments

1. Natural born citizen
2. A member of the Supreme Court
3. Must be at least forty years of age
4. must have been for fifteen years or more a judge of a lower court or engaged in the
practice of law in the Philippines.
Congress shall prescribe the qualifications of judges of lower courts, but no person may be
appointed judge thereof unless he is a citizen of the Philippines and a member of the
Philippine Bar.
The (Judicial and Bar) Council shall have the principal function of recommending
appointees to the Judiciary. It may exercise such other functions and duties as the
Supreme Court may assign to it.
The Members of the Supreme Court and judges of lower courts shall be appointed by the
President from a list of at least three nominees prepared by the Judicial and Bar Council for
every vacancy. Such appointments need no confirmation.
d.2. Salary
The salary of the Chief Justice and of the Associate Justices of the Supreme court and of
judges of lower courts shall be fixed by law.
During their continuance in office, their salary shall not be decreased.
d.3. Congressional power to reorganize and security of tenure
The members of the Supreme Court and judges of lower courts shall hold office during
good behavior until they reach the age of seventy years, or become incapacitated to
discharge the duties of their office.
The Supreme Court en banc shall have the power to discipline judges of lower courts, or
order their dismissal by a vote of a majority of the Members who actually took part in the
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deliberations on the issues in the case and voted thereon.
No law shall be passed reorganizing the Judiciary when it undermines the security of
tenure of its Members.
The power of Congress to reorganize lower courts has been upheld by the SC prior to
1987.
d.4. Removal
The members of the Supreme Court and judges of lower courts shall hold office during
good behavior until they reach the age of seventy years, or become incapacitated to
discharge the duties of their office.
The Supreme Court en banc shall have the power to discipline judges of lower courts, or
order their dismissal by a vote of a majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon.
Cruz: "Judges of lower court," as here used, includes justices of the Sandiganbayan. This
rule casts much doubt on the legality of the presidential decree making them removable
only by the legislature through the process of impeachment.
d.5. Jurisdiction
Judicial power shall be vested in one Supreme Court and in such lower courts as may be
established by law.
Judicial power includes the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable, and 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.
d.6. Preparation of decisions
No decision shall be rendered by any court without expressing therein clearly and distinctly
the facts and the law on which it is based.
No petition for review or motion for reconsideration of a decision of the court shall be
refused due course or denied without stating the legal basis therefore.
d.7. Mandatory period for deciding
Lower collegiate courts: 12 months, unless reduced by the SC
Other lower courts: 3 months, unless reduced by the SC
The Constitution now explicitly provides in Sec. 15 (1) that the periods are mandatory,
aside from using the word "must" (not "shall" as in 1973) in Sec. 15 (1).
The case of Marcelino v Cruz, 121 SCRA 51 (1983), which held that the periods in the
1973 Constitution were only directory, is thus now, overruled.
Cruz: It should be noted that, although decision within the maximum period is now
mandatory, failure to arrive at the same will not divest the court of jurisdiction, without
prejudice to any responsibility that may attach to the judge. The court must still resolve the
case w/o further delay, unlike the old rule when the decision appealed was deemed
automatically affirmed and the petition was deemed automatically dismissed as a result of
the inaction of the court.
E. THE JUDICIAL AND BAR COUNCIL (JBC)
Ex-officio members [Art. VIII, Sec. 8(1)]
1. Chief Justice as ex-officio Chairman
2. Secretary of Justice
3.
Representative of Congress
Regular members [Art. VIII, Sec. 8(1)]

1. Representative of the Integrated Bar
2. Professor of Law
3. Retired member of the SC
4. Representative of private sector
Secretary ex-officio [Art. VIII, Sec. 8(3)]
Clerk of the SC, who shall keep a record of its proceedings
Appointment, Tenure, Salary
For obvious reasons this does not apply since the position in the Council is good only while
the person is the occupant of the office.
The regular members shall be appointed by the President with the consent of the
Commission on Appointments.
The term of the regular members is 4 years.
But the term of those initially appointed shall be staggered in the following way so as to
create continuity in the council:
1. IBP representative 4 years
2. Law professor 3 years
3. Retired justice 2 years
4. Private sector 1 year
Regular members shall receive such emoluments as may be determined by the SC. The
SC shall provide in its annual budget the appropriations for the Council. [Art. VIII, Sec. 8(4)]
Functions
1. Recommend appointees to the Judiciary [Art. VIII, Sec. 8(5)]
MAIN FUNCTION
2. Recommend appointees to the Office of the Ombudsman and his 5 deputies. (Art. XI, Sec.
9)
3. Such other functions and duties as the SC may assign [Art. VIII, Sec. 8(5)]
F. AUTOMATIC RELEASE OF APPROPRIATIONS FOR JUDICIARY
The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be
reduced by the legislature below the amount appropriated for the previous year and, after
approval, shall be automatically and regularly released.
XII. NATIONAL ECONOMY AND PATRIMONY (ART. XII)
A. POLICY (Sec. 1)
The goals of the national economy are: (not included in Finals)
1. A more equitable distribution of opportunities, income, and wealth.
2. A sustained increased by the amount of goods and services produced by the nation for the
benefit of the people; and
3. An expanding productivity as the key to raising the quality of life for all, especially the
underprivileged.
Industrialization and full employment based on sound agricultural development and agrarian
reform?
CONSTITUTIONAL LAWI
PRE-MIDTERMS
(SCUTARIUS LEGIS)
What is envisioned by the provision is not necessarily agriculturally related industrialization but
rather industrialization that is the result of releasing locked up capital through agrarian reform.
Moreover, the policy does not mean a hardbound rule that agricultural devt must have priority
over industrialization. What is envisioned is a flexible and rational relationship bet. the 2 as
dictated by the common good.
Alienable lands of the public domain shall be limited to agricultural lands. (Art. XII, Sec. 3.)
If the public land is non-alienable which is the case if it is forest or timber, mineral land, or
national parks, then it cannot be held by anyone.
The general rule on natural resources applies and that is, that the State can only enter into
co-production, joint ventures or production sharing agreements with Filipino citizens or 60%
Filipino owned corporations for the exploitation, development and utilization of these lands.
But if the public land is alienable, that is, agricultural, then it may be held by a private
person, natural or juridical, in accordance with the following rules:
B. NATURAL RESOURCES
If natural resources, except agricultural land, cannot be alienated, how can they be explored,
developed or utilized?
A distinction must be made bet. alienable lands and inalienable lands.
Alienable lands may be the subject of lease, and the rules are found in Sec. 3.
Inalienable lands, however, can only be developed and utilized directly by the State or in
conjunction w/ qualified individuals or corps. through "co-production, joint venture, or
production sharing" and thus "full control and supervision of the State" is preserved.
Howsoever natural resources might be exploited or developed, the right to do so is
reserved for "Filipino citizens, or corps., or associations at least sixty per centum of whose
capital is owned by such citizens
b.1. REGALIAN DOCTRINE
All (a) lands of the public domain, (b) waters, (c) mineral oils, (d) all forces of potential
energy, (e) fisheries, (f) forest or timber, (g) wildlife, (h) flora and fauna, and (i) other natural
resources are owned by the State.
Lands of public domain:
1. Agricultural
2. Forest or timber
3. Mineral
4. National parks
b.2. CITIZENSHIP REQUIREMENT
All natural resources, with the exception of agricultural lands, shall not be alienated.
The exploration, development, and utilization or natural resources shall be under the full
control and supervision of the State (as the owner thereof.)
b.3. THE GRANDFATHER RULE in corporation
In so exploring, developing or utilizing its natural resources, the State has two options:
1. One, it may undertake such activities directly, or
2. It may enter into (a) co-production, (b) joint venture, or (c) production sharing
agreement with Filipino citizens, or corporations or associations with at least 60%
Filipino capital.
C. CLASSIFICATION, SIZE, CONDITIONS FOR GRANT OF PUBLIC LANDS (Sec. 3)
Classification
Lands of the public domain are classified into agricultural, forest or
timber, mineral lands, and national parks. Agricultural lands of the public domain may be
further classified by law according to which they may be devoted.
Alienability
With the exception of agricultural lands, all other natural resources are owned by the State.
(Art. XII, Sec. 2)
RULES:
1. Only agricultural lands of the public domain may be alienated.
2. Only qualified individuals may acquire alienable lands of the public domain.
3. Establishes the size of the land which may be acquired by individuals or leased by
individuals or corps.
4. Limits the discretion of Congress to open public lands for lease or acquisition.
1.
2.
Who May Hold Alienable Lands of the Public Domain

Corporations - lease
Private corporation or associations may not hold alienable lands of the public domain
except by lease.
Limitations:
a.
Period: not more than 25 years, renewable for not more than 25 years.
b. Size: not to exceed 1,000 hectares in area.
Filipino citizens - acquire or lease
Citizens of the Philippines may (a) lease no more than 500 hectares, (subject to the same
conditions as in Filipino corporations) or (b) not more than 12 hectares thereof by purchase,
homestead or grant.
Disqualification of private corporations?

One purpose of this constitutional prohibition is to
equitably diffuse landownership or to encourage owner cultivatorship and economic family size
farms and thereby prevent the recurrence of huge land holdings by corps. or private persons. It
was also aimed against undue exploitation of our public lands and natural resources by large
corps.
No citizenship limitation?
The impression might be given that Sec. 3 opens utilization of
alienable lands to foreign individuals or foreign corps. bec. Sec. 3 makes no mention of
citizenship requirement. But alienable lands are part of the natural resources and the gen. rule
on the utilization of all natural resources can be found in Sec. 2. Thus, the utilization of alienable
lands is open only to those qualified under Sec. 2 and in the manner prescribed by Sec. 2.
D. PRIVATE LANDS
Art. XII, Sec. 7. Save in cases of hereditary succession, no private lands shall be
transferred or conveyed except to individuals, corporations, or associations qualified to
acquire or hold lands of the public domain.
d.1. CITIZENSHIP REQUIREMENTS (SEC. 7)
As a general rule, the acquisition of private lands is limited to individuals or corporations
(and associations who are qualified to acquire or holds land of the public domain). These
are:
CONSTITUTIONAL LAWI
PRE-MIDTERMS
(SCUTARIUS LEGIS)
a.
b.
Citizens of the Philippines because they are qualified to both acquire and leases (hold)
alienable lands under sec. 3.
"Private Corporations" because they are qualified to hold alienable public lands under
sec. 3 by way of lease. The issue is whether the term "private corporation" is limited to
60% Filipino owned corporation, which should be the intent of the Constitution, as in
the case of other natural resources. If not, then even foreign corporations can
purchase private lands, not only lease alienable public lands.
d.2. EXCEPTIONS
d.2.1. Legal Succession
Aliens in cases of hereditary succession (Art. XII, Sec. 7.) This is limited to compulsory and
legal succession and does not include testamentary succession, as ruled in Ramirez v.
Ramirez.
Hereditary succession
alien who is a compulsory heir in by way of testamentary
succession
d.2.2. Acquisition by former natural-born citizens (Sec.8)
A natural born citizen who lost his Philippine citizenship. (Art. XII, Sec. 8.)
The law provides that they may own not more than 2 lots of 1000 sq. m. if urban or 2000
sq. m. if rural.
Status of contract of sale of private land to those who are not qualified to hold them.
E. ECONOMIC ACTIVITIES
EDU (exploration development and utilization) - full supervision of the State
1. Directly
2. Joint venture, co-production, PSA
Citizen
Qualified private corporation
Can foreign corporations enter into joint venture, co-production, PSA?
Only in two instances. Limited to providing technical or financial assistance.
1. If it is a large scale EDU
2. Mineral oil, mineral oil, petroleum oil
Can foreigners own houses? Yes.
Three reasons why foreigners cannot acquire/own private lands:
1. Insure their conservation for Filipino posterity
2. To serve as an instrument of national defense, helping prevent the extension to the country
of foreign control thorough peaceful economic penetration
3. To avoid making the Philippines a source of international conflicts
Small scale utilization of natural resources may be allowed in favor of Filipino citizens.
e.1. RATIONALE
a.
Socialistic Economy
The Constitution announces the policy of free enterprise tempered
by state intervention when the common good so requires. The economic theory is one in
b.
between pure capitalism and pure socialism, with a tendency towards socialism.
Nationalistic Economy
The State shall promote the preferential use of Filipino labor, domestic materials, and
locally produced goods, and adopt measures that help make them competitive.
The State shall pursue a trade policy that serves the general welfare and utilizes all
forms and arrangements of exchange on the basis of equality and reciprocity.
e.2. ORGANIZATION AND REGULATION OF PRIVATE CORPORATIONS

Art. XII, Sec. 16.
The Congress shall not, except by general law, provide for the
formation, organization, or regulation of private corporations. Government-owned or
controlled corporations may be created or established by special charters in the interest of
the common good and subject to the test of economic viability.
The purpose of the first sentence is to insulate Congress against pressures from special
interests: "To permit the law making body by special law to provide for the organization or
formation or regulation of private corps., it was believed, would in effect to offer to it the
temptation in many cases to favor certain groups to the prejudice or to the prejudice of the
interest of the country.
Private corporations can only be formed by a general law
Corporation Code of the
Philippines.
e.3. OPERATION OF PUBLIC UTILITIES
For the purpose of this provision, a corp. or association is considered a Filipino if: (1) it is
organized under Phil. laws and (2) at least 60 % of its capital is owned by Filipino citizens.
It should be noted that the Constitution does not prohibit the mere formation of a public
utility corp. without the required proportion of Filipino capital. What it does prohibit is the
granting of a franchise or other form of authorization for the operation of a public utility
already in existence but w/o the requisite proportion of Filipino capital.
Sec. 17.
In times of national emergency, when the public interest so requires, the State
may, during the emergency and under reasonable terms prescribed by it, temporarily take
over or direct the operation of any privately owned public utility or business affected with
public interest.
e.4. FILIPINIZATION
e.4.1. Of mass media and advertising
Art. XVI, Sec. 10.
The State shall provide the policy environment for the full development
of Filipino capability and the emergence of communication structures suitable to the needs
and aspirations of the nation and the balanced flow of information into, out of, and across
the country, in accordance with a policy that respects the freedom of speech and of the
press.
Sec. 11. (1) The ownership and management of mass media shall be limited to citizens of
the Philippines, or to corporations, cooperatives or associations, wholly-owned and
managed by such citizens.
The Congress shall regulate or prohibit monopolies in commercial mass media when the
public interest so requires. No combinations in restraint of trade or unfair competition
therein shall be allowed.
"Mass media" in Sec. 11 (1) includes radio, television and the printed media. It does not
include commercial telecommunications which are governed as public utilities under Art.
XII, Sec. 11.
CONSTITUTIONAL LAWI
PRE-MIDTERMS
(SCUTARIUS LEGIS)
e.4.2. Practice of professions
Art. XII, Sec. 14.
The sustained development of a reservoir of national talents consisting
of Filipino scientists, entrepreneurs, professionals, managers, high level technical
manpower and skilled workers and craftsmen in all fields shall be promoted by the State.
The State shall encourage appropriate technology and regulate its transfer for the national
benefit. The practice of all professions in the Philippines shall be limited to Filipino citizens,
save in cases prescribed by law.
F. MONOPOLIES, COMBINATIONS, AND UNFAIR COMPETITION
Art. XII, Sec. 19.
The State shall regulate or prohibit monopolies when the public interest
so requires. No combinations in restraint of trade or unfair competition shall be allowed.
Stewardship Concept of the Constitution
refer to Art. 12, Sec. 6

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CONSTITUTIONAL LAWI

STEPHANIE ROSE B. SENIRES

University of San Carlos / LLB 1 / EH410

University of San Carlos / LLB 1 / EH410

Judicial Power duty of courts of justice to settle actual

University of San Carlos / LLB 1 / EH410

4. Necessity in deciding the constitutional question

University of San Carlos / LLB 1 / EH410

University of San Carlos / LLB 1 / EH410

3. Government - agency or instrumentality through which the will

University of San Carlos / LLB 1 / EH410

The main purpose of the archipelagic doctrine is to protect the

University of San Carlos / LLB 1 / EH410

Philippine Islands for the first time

What are the requirements needed for an applicant for naturalization

b. Naturalized - those who acquire RP citizenship through

When does the applicant become a Filipino citizen?

Modes of Acquisition: Citizens of the Philippines

Who can raise the question of disqualification on the basis of

University of San Carlos / LLB 1 / EH410

b. By repatriation of deserters of the Army, Navy or Air Corp:

University of San Carlos / LLB 1 / EH410

Considering the citizenship clause (Art. IV) of our Constitution, it is

University of San Carlos / LLB 1 / EH410

University of San Carlos / LLB 1 / EH410

Sovereignty may also be internal or external.

Test to determine if suit is against the state:

E. SOVEREIGN IMMUNITY: Doctrine of Non-Suability of State

University of San Carlos / LLB 1 / EH410

with its implied consent

Based on power of central authority

II. Government of the Philippines, defined.

Based on relationship between legislative and executive

Other Classification (Co Kim Cham): Kinds of government based on legitimacy

IV. Functions of the Government

University of San Carlos / LLB 1 / EH410

Adherence to International View

V. Doctrine of Parens Patriae

2 Doctrines of the generally accepted principles of international law:

University of San Carlos / LLB 1 / EH410

III. Doctrine of Separation of Powers

Related Concept: Blending of Powers

University of San Carlos / LLB 1 / EH410

University of San Carlos / LLB 1 / EH410

unless otherwise provided by law. - refers to the composition of the House.

Read, write, think?

May a Senator serve for more than two terms?

May a member of the House serve for more than 3 terms?

University of San Carlos / LLB 1 / EH410

noncompliance with rules of procedure made by itself to govern its deliberations.

ORGANIZATION AND SESSIONS

How Can Congress punish its members?

University of San Carlos / LLB 1 / EH410

University of San Carlos / LLB 1 / EH410

They cannot appear personally in courts.

V. LEGISLATIVE DEPARTMENT: POWERS

University of San Carlos / LLB 1 / EH410

Subject of the bill must be expressed in the title.

Why from the House of Representatives?

Limitations on General Appropriation Bill (GAL)

Can a special appropriation bill be filed even if there is no budget yet?

What is the test to determine that the bill is an appropriation measure?

University of San Carlos / LLB 1 / EH410