Constitutional Law (I) Final Exam Review

Legislative Department
Power Of Congress Article VI, Section 1 The Legislative power shall be vested in the Congress of the
Philippines which shall consist of a Senate and a HREP...
General Plenary Powers exception to the extent reserved to the people under Article VI, Section 32 on
initiative and referendum. (Peoples Power)
Substantive Limitations those that are expressly provided by the Constitution (Like in the Tax Laws,
must be Equal, Uniform, Progressive)
Legislative Process
Requirements to the Bills As a requirement from the Constitution: ARTICLE VI, Section 26 (1) Every
bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.
Ruling in most cases: It is not necessary that the title express each and every end that the statute
wishes to accomplish. The requirement is satisfied if all the parts of the statute are related, and are
germane to the subject matter expressed in the title, or as long as they are not inconsistent with or
foreign to the general subject and title. An act having a single general subject, indicated in the title,
may contain any number of provisions, no matter how diverse they may be, so long as they are not
inconsistent with or foreign to the general subject, and may be considered in furtherance of such
subject by providing for the method and means of carrying out the general object." The rule also is
that the constitutional requirement as to the title of a bill should not be so narrowly construed as to
cripple or impede the power of legislation. It should be given a practical rather than technical
construction.
The purpose of this rule are: (1) to prevent hodge-podge or "log-rolling" legislation; ( mislead people and
legislators) (2) to prevent surprise or fraud upon the legislature by means of provisions in bills of
which the title gives no intimation, and which might therefore be overlooked and carelessly and
unintentionally adopted; and (3) to fairly apprise the people, through such publication of legislative
proceedings as is usually made, of the subject of legislation that is being considered, in order that they
may have opportunity of being heard thereon, by petition or otherwise, if they shall so desire.
Requirements as to certain Laws
Appropriation Laws Must originate in the HREP. Appropriation (ARTICLE VI)
Limitations on appropriation bill section 25, Article VI
(1)President assigns the budget (2) Appropriation bill must be consist of appropriations provisions, No
riders allowed (3) Approving the budgets of the Congress has the same procedure with other department.
(4) Special Appropriation for special purposes only. (certification of National Treasury) (5) A Department
cannot juggle funds, from one place to another. The only leeway is within the Department. (6)
Discretionary funds (7) GAA will be re-enacted if no new GA bill will be proposed.
Section 29 appropriation (1) Government can only spend the amounts that can be found in the GAA
(2) Public Funds cant be used for supporting of any (separation of Church and State, the State cannot
support the Church matters) (3) Special Fund for special purpose, return to national treasury (General
Funds) if not used. GAA is an act of Congress but the President can propose the Budget.
Tax Laws Article VI, Section 28(1) - Must be Uniform, Equitable and Progressive. As a general rule it is a
legislative power to propose tax laws and it is non-delegable, except the delegation of tariff powers to the
President to enable him to act promptly on matters affecting national economy.
Uniform if it operates with the same force and effect in every place where the subject of it is found.
Equitable when it is fair and not harsh, oppressive or unduly burdensome on the taxpayer.
Progressive provides for an equitable distribution of the tax burden according to benefits received and
ability to pay and the equitable sharing of the national wealth and the flow of income.

Exempt from tax Article VI, Section 28(3) educational, religious and charitable institutions, but in
charitable institutions, the institution must first prove that all of its facilities are ACTUALLY, DIRECTLY,
and EXCLUSIVELY used for charitable purposes, unless proved otherwise, those only that operates for
charitable purposes will be exempt. (Lung Center vs. Q.C)

Appellate Jurisdiction of the Supreme Court Article VI, Section 30 it may not be increased by
Congress without the Courts advice and concurrence, to prevent undue increase and case overload of the
Supreme Court.
Procedure for the Passage of the Bill Article VI, Section 26(2) Three readings in each House for
separate days, can be passed jointly or separately.
First Reading The Secretary of the House will report for the First Reading, which consist the reading of
the number and title of the bill, followed its referral to the appropriate Committee for study and
recommendation.
Second Reading the bill shall be read in full with amendments proposed by the Committee, unless
copies thereof and such reading is dispensed with. Then, the bill will be subject to debates, pertinent
motions, and amendments, after amendments the bill will be voted on second reading, and if it is
approved it will be included in the calendar of bills for third reading.
Third reading the approved bill on the second reading will be submitted for the Final Vote. If the bill will
be approved in the final voting, the Speaker of the House and the Senate President will sign (authenticate)
the bill and be passed to the President of the Philippines for approval or rejection (veto). But the veto can
be overridden by the 2/3 votes of the members of the Congress.
Exception to three reading and printed copies when the President certifies to necessity of the immediate
enactment of the bill to meet a public calamity or emergency and when the Congress convenes to call a
special election for President and Vice-President.
When there are conflict as to the bills that were passed by both Houses, upon their concurrence there will
be a call for a Commission Committee (Bicameral Committee) that will be composed of both members of
the House and it can passed a bill that is distinctly different from the bill passed from both Houses.
(Tolentino vs. Secretary of Finance)
Effectivity of Laws Unless provided by the statute itself, the date of its effectivity as according to Article
2 of the Civil Code, is 15 days after its publication in the Official Gazette or in a newspaper of general
circulation. The publication is an indispensable requirement, the effectivity date that is provide to the
statute will only make it longer or shorter when it comes to its effectivity. Those that are general in
application and its binding to the public will be published, those that are administrative in nature and
binds to certain groups of people need not to be published in the OG but must be published within the
premises of the administration to make it binding. (Tanda vs. Tuvera)
Question Hour Article VI, Section 22 - Written questions will be submitted to the Presiding Officer of
the House at least 3 days before the appearance, it will be limited to written questions only. Only
Department Heads are required to attend, but the attendance is meant to be discretionary.
Legislative Legislation (in aid of legislation) Article VI, Section 21 The provision become necessary to
guarantee the passage of better laws. Certain Limitations to this power (1) not possess a general power
of inquiry to the private affairs of its citizens, (2) limited to matters in to which the body has jurisdiction
to inquire, (3) rights of the person appearing in or affected by such inquiries must be respected, however
those person who refuses to appear or answer questions that are relevant to a matter of legislative interest
may be cited in contempt, and (4) person in contempt by HREP will be jailed only until its final
adjournment but while in the Senate the person in contempt will be decided based on his answers if he
persuade the Senate correctly, unless otherwise he can be held in contempt any longer because the
Senate is a continuing body. Attendance is compulsory, and any person is required to appear before the
committee, any question must be answered as long as it is a matter for the purpose of the legislation.
Other Powers
Act as Board of Canvassers - Joint Comm. is justified to finish its task, being so as a non-legislative body
when joint. To canvass or tally the election votes of President and Vice-President (Pimentel vs. Jointcomm)

Executive Department
President Qualifications Article VII, section 2: (1) Natural Born Citizen of the Philippines, (2) able to
read and write, (3) registered voter, (4) At least 40 years of age on the day of election, and (5) a resident of
the Philippines for at least 10 years immediately preceding such election. Election Article VII, Section 4:
by direct vote of the people, regular elections: second Monday of May, Congress; as a National Board of
Canvassers. Term of Office 6 years without re-election. If vacancy occurs more than 18 months before
the date of the next regular presidential election, a special election to elect the President shall be called by
Congress.
Privileges and Salary (1) determined by Law, (2) Shall not be decreased during his tenure, and (3) No
increase shall take effect until after the expiration of the term of the incumbent.
Succession (disabilities) Article VII, Section 7 see Chiefs Note page 85 86

Removal The President may be removed from his office by impeachment proceedings.
Prohibitions Article VII, Section 13 Page 84 -85 Chiefs Notes
Exception to Prohibitions from holding another office (1) Vice-President as member of the cabinet
(Article VII, Sec 3(2)), (2) Secretary of Justice as a member of JBC
Powers and Functions of the President
Executive Power Article VII, Section 1 as a general rule the powers of the President is not limited
only to those enumerated in the Constitution, as long as it does not falls to the power of the legislative
and Judicial, it is the power of the Executive. Its Limitation will be if it encroach the power of the other
branches. (Marcos vs. Manglapus)
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Essentially the duty to implement the laws within the standard imposed by the legislature. Duty
of supervising the enforcement of laws for maintenance of general peace and public order.
DENR vs. DENR -- Qualified Political Agency Doctrine this is the delegation of power of the
President to his Alter-egos, because of the reason that He cannot do all of this things that is
within his power as the head of the state, thus, the Secretaries act were conclusive that they were
the acts of the President.

Control over executive Departments Article VII, Section 17 page 88-89 of Chiefs Notes
Control vs. Supervision Supervision (LGUs and autonomous Regions), Control (Departments,
agencies, alter-egos)
Blaquera vs. Alcala power of Control of the President to modify the acts
NEA vs. COA acceleration of the salary increase, cannot be done prior to the requirement that NEA
must first acquire approval from the Secretary of DBM or from the President itself.
Hutchison vs. SBMA can the President turn over their decision (on bidding) of SBMA? Yes, as GOCC the
SBMA is under the President, hence, their act must be first presented to the President before acting upon.
(They must go straight to the Executive branch instead of going to the Judiciary Branch (courts) prior to
their complaint)
General Supervision . . .Pimentel vs. Ermita A0 372 - Power of Supervision only to LGUs not
Control
Power of Appointment Article VII, Section 16 four groups of officers who are to be appointed by the
President, (1) The head of the Executive departments, ambassadors, other public ministers and consuls,
officers of armed forces from the rank of colonel to naval captain, and other appointments are vested in
him in the Constitution, (2) All other officers of the Government whose appointments are not otherwise
provided by law, (3) Those whom the President may be authorized by law to appoint, and (4) Officers lower
in rank, whose appointments the Congress may, by law, vest in the President alone. According to the case
of Sarmiento vs. Mison, the Court held that in the 1987 Constitution, only the appointments of the First
group of officers are subject to confirmation by the Commission on Appointments

Regular appointment made while Congress is in session, not complete unless confirmed by the
Commission on Appointments.
Ad-interim appointments Made during the recess of the Congress. The appointee can take his post
right away, it is a complete and permanent appointment that last until disapproved by the Commission on
Appointments.
Midnight Appointments Two months before the next presidential elections, and up to the end of his
term, a President shall not make appointments. It may still be made by the following conditions: (1) they
are temporary appointments to executive positions, and (2) the continued vacancies will prejudice public
service or endanger public safety.
The Removal Power There is no express provision in the Constitution granting the President the power
to remove executive officers from their posts. However, he possesses it by implication from (1) His power to
appoint, (2) executive power of the President, (3) taking care of the laws to be faithfully executed, and (4)
Presidents power of Control. However, not all officials appointed by the President are removable by him,
for example the Supreme Court Justices, Ombudsman and his deputies and the members of the
Constitutional Commissions have fixed tenure and can only be removed by impeachment. The exceptions
are the member of the Cabinet and other executive officials whose term of office is provided by the
President.

The Pardoning Power Article VII, Section 19

Pardon The Chief Executive grants this after the conviction or final judgment. It looks forward and given
only to an individual who committed common crimes. It is a private act of the President that abolishes or
forgave the punishment of the convict.
Amnesty it is granted before the final judgment to those groups of people who committed political
crimes, it look backward and abolishes and puts into oblivion the offenses itself, as if no offense has
committed. It is a public Act of the President.
Probation Granted by the courts after investigation by a probation officer only for cases where the
penalty to be imposed not exceeds 6 years and 1 day and when the crime is not against the security of the
State. Other explanations see pages 90-91 of Chiefs Notes.
Commander-in-Chief powers vs. Emergency Powers
Commander-in-Chief Powers exclusively vested to the President, subject to review by Congress and Courts
Emergency Powers- Require act of both of Congress and President, as Delegate by the power of Congress
As to Commander-in-Chief Article VII, Section 18
To call out such armed forces to prevent or suppress lawless violence, invasion or rebellion - Under
Section 18, Article VII of the Constitution, in the exercise of the power to suspend the privilege of the writ
of habeas corpus or to impose martial law, two conditions must concur: (1) there must be an actual
invasion or rebellion and, (2) public safety must require it. These conditions are not required in the case
of the power to call out the armed forces. The only criterion is that "whenever it becomes necessary,"
the President may call the armed forces to prevent or suppress lawless violence, invasion or rebellion."
(IBP vs. Zamora)

Suspension of the privilege of the writ of habeas corpus - Habeas corpus (1) Justify the legal basis of
the continuous detention of the person, (2) Cannot be apply to anyone, only to persons convicted to rebellion.
To impose Martial Law The President will exercise Executive and Legislative functions. Limitations of
Martial Law: (1) Judgment being reviewed, (2) Review by Congress, (3) Duration 60 days, lapses automatically

Contracting and guaranteeing Foreign Loans see page 91 of Chiefs Notes

Foreign Affairs (Treaty making power) Article VII, Section 21 President being the Head of the State
is the logical choice as the nations spokesman in foreign relations that involves negotiating and entering
into treaties and executive agreements.

In the case of Go tek vs. Deportation Board the power of the President to exclude alien from
entering the country is exercised. This power to exclude is extended and delegated to Immigration
Board as his alter-ego.

Immunity from suit it is recognized as a neccessary incident of the power of the President due to his
posotion as the Head of the State, his obligations are way to hard and this immunity power will make his
duty without any distructions. He can be removed only by impeachment.

Beltran vs. Macasiar in this case of Ms. Aquino she is exercising his personal capacity to
sue Beltran. Although she has the right to waive the immunity from suit, she cannot be
forced to invoke the immunity from suit.

The JUDICIAL Department

Judicial Power Article VIII, Section 1
The Supreme Court is the only court mentioned in the Constitution, everything else is created by the
Acts of the Congress.
Qualification of a Justice in the Supreme Court he/she must of proven competence, integrity,
probity (decency) and independence

Mode of Sitting:
En Banc shall be decided with the majority of the Members who actually took part in the deliberations
on the issues in the case and voted thereon. The following cases shall be heard en banc (1)
Constitutionality of a treaty and other laws; (2) Criminal decisions in which the appealed decision imposes
death penalty; (3) cases raising novel questions of Law; (4) cases involving ambassadors, ministers and
consuls; (5) where the required number of cases to decide is not resolve; (6) cases intended to modify or
reverse a doctrine or principle; (7) Administrative disciplinary cases involving dismissal of judges of lower
courts, officer or employee of the judiciary, disbarment of a lawyer, or suspension for s period of more
than 1 year or a fine exceeding 10K or both; (8) by a citizen testing the validity of a law; (9) sitting as a
Presidential ET.
Division majority is always 3. Everything that is not heard en banc falls in division
Appointments Procedure For Supreme Court Justices, they are appointed by the President from
among the list of at least 3 nominees prepared by the Judicial Bar and Council for every vacancy. For the
judges in lower courts, the President shall issue the appointment within 90 days from submission of the
list.
Qualifications Supreme Court Justices- (1) Natural born citizen of the Philippines; (2) At Least 40
years of age; (3) a judge of a lower court or engaged in the practice of law in the Philippines for 15 years or
more Judges for lower court the Qualifications will be passed by the Congress.
Non-Judicial Work for Judges Article VIII, Section 12 members of the Judiciary shall only have
judicial functions, in line with the separation of powers principle of the Constitution.
Meralco vs. Pasay Trans Co.
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The Constitution vested judicial power to the Supreme Court, in this case the Act says that the
justices will be a member of the board of the arbitrators, this is against the maxim of the
Constitution because board of arbitrators is not a court per se.

Salary Article VIII, Section 10 it shall be fixed by law and shall not be decreased during their
continuance in office. However, this provision diminution of salaries on the part of the Member of the
Judiciary should not be interpreted to mean that they are exempt from tax. (Nitafan vs. Comm. of
Internal Revenue)
Tenure Article VIII, Section 11 and section 2(2) the Supreme Court cannot be reorganized, but the
lower court may be reorganized.
Removal Article XI, Section 2 only by means of impeachment, no indirect way provided by the
Constitution to remove the Justice from his Function (In Re Gonzales)
Fiscal Autonomy
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Reason why the Budget of the Judicial Branch cannot be decreased - To ensure independence, to
avoid control from Congress. To prevent the Judicial Branch held hostage from senators or the
Congress itself.

Jurisdiction Article VIII, Section 2 it is the authority of the court to hear and decide a case, except as
provided in the Constitution, the jurisdiction of courts is a matter of legislative determination.
Original Jurisdiction Article VIII, Section 5(1) Supreme Court does not have jurisdiction over
declaratory relief cases, which must be filed first with the Trial Court.
Appellate jurisdiction Article VIII, Section 5(2) Unless the CA renders a judgment and imposes death
or reclusion perpetua, there would be no judgment for the Supreme Court to review. Appellate
Jurisdiction may be exercise in two ways: (1) Ordinary appeal the aggrieved party is to appeal the trial
courts judgment in to the CA and thereafter to the SC in a petition for review under Rule 45 of the Rules
of Court; (2) Petition for review on certiorari Constitutional, tax and jurisdictional questions and pure
questions of law are appealable to the SC by this kind of review. If it is a pure question of fact, the CA has
the Jurisdiction and not the SC; (3) Rule 65 (certiorari) SC exercises appellate jurisdiction when the
issue raised is error of judgment or error of law.
Deliberations Article VIII, Section 13 to emphasize the fact that the SC is a collegial body so that the
decision of the case is by the court itself and not the ponente.

Consing vs. CA

The certification requirement, however, is a new provision introduced by the framers of the
1987 Constitution. Its purpose is to ensure the implementation of the constitutional
requirement that decisions of the Supreme Court and lower collegiate courts, such as the
Court of Appeals, Sandiganbayan and Court of Tax Appeals, are reached after consultation with
the members of the court sitting en banc or in a division before the case is assigned to a
member thereof for decision-writing. The decision is thus rendered by the court as a body and
not merely by a member thereof. The absence, however, of the certification would not
necessarily mean that the case submitted for decision had not been reached in consultation
before being assigned to one member for the writing of the opinion of the Court since the
regular performance of official duty is presumed

Voting Modes of Sitting (1) En Banc concurrence of the majority who actually takes part in the
deliberations on the issues in the case. (2) In Division cases and matters heard by the Division shall be
decided with the concurrence of the majority who actually took part in the deliberations of at least 3
members/votes.
Cruz vs. DENR

As the votes were equally divided (7 to 7) and the necessary majority was not obtained, the
case was redeliberated upon. However, after redeliberation, the voting remained the same.
Accordingly, pursuant to Rule 56, Section 7 of the Rules of Civil Procedure, the petition is
DISMISSED. Seven (7) voted to dismiss the petition - Seven (7) other members of the Court
voted to grant the petition.

Requirements as to decisions: Article VIII, Section 14 - (1) Decisions - State the facts and laws; (2)
Resolution must take the Legal Basis, reason why you are denying it, repeat what as previously
decided it, state only once. (Page 96-97 Cheifs Notes)
Petition for Review/Motion for Reconsideration Article VIII, Section 14(2) page 97 Cheifs Notes
Periods for deciding cases Article VIII, Section 15 page 97-98 Cheifs Notes
Administrative Power
Supervision over lower courts Article VIII, Section 6 - Previously the Secretary of Justice has the
supervision of the lower courts 1935 Constitution, 1973 shift to Supreme Court the supervision
of lower courts. (1)Administrative matter A.M (2) Regulation Operations Bar Matter (3) Judicial
cases G.R

In Re Demetria Justice influencing the prosecutor through his powers is prohibited

In Re Letter of PJ Vasquez - Justice Roxas rushed the decision of the case even without the
memorandum of both parties. This is not allowed.
Temporary assign Judges to other stations in public interest
Order a change of venue or place of trial to avoid miscarriage of justice Article VIII, Section 5(4)
prevent a fair trial (miscarriage of Justice)
People vs. Pilotin - Here, what is involved is not merely a miscarriage of justice but the personal safety of
movant Crisologo, the accused. It would be absurd to compel him to undergo trial in a place where his life
would be imperilled.
Appointment of officials and employees of entire judiciary Article VIII, Section 5(6)
Promulgate rules concerning the enforcement and protection of constitutional rights Article VIII,
Section 5(5) writ of amparo, writ of habeas data
Promulgate rules concerning Pleadings, Practice and Procedure RULES OF COURTS (Civil,
Criminal, Special Courts)
Admission to the Practice of law Regulatory power of the SC
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The Integrated bar of the Philippines is made by the SC to regulate the lawyers profession. The
Court wil pass the cases against the lawyers to the Integrated Bar because the Bar has the
supervision to the profession.

In Re Cunanan - Congress may repeal, alter and supplement the rules promulgated by this Court, but
the authority and responsibility over the admission, suspension, disbarment and reinstatement of
attorneys at law and their supervision remain vested in the Supreme Court. The power to repeal, alter
and supplement the rules does not signify nor permit that Congress substitute or take the place of this
Tribunal in the exercise of its primary power on the matter.
Aguirre vs. Ranna - The fact that respondent passed the bar examinations is immaterial. Passing the bar
is not the only qualification to become an attorney-at-law. Respondent should know that two essential
requisites for becoming a lawyer still had to be performed, namely: his lawyer's oath to be administered by

this Court and his signature in the Roll of Attorneys. He misrepresented as a counsel to an election case
prior to his oath and signing in the Roll of the Attorneys.
Legal Assistance to the Underprivileged PAO (criminal cases) other cases for IBP
Rules for special courts approved by Supreme Court
Integration of Bar
In re Edillon the Fee is compulsary in a way that it will cover the cost in regualting such profession by
the Bar. It is also the exercising of the police power of the State to put such a compulsary. It must
be stressed that all legislation directing the integration of the Bar have been uniformly and universally
sustained as a valid exercise of the police power over an important profession. The practice of law is not
a vested right but a privilege, a privilege moreover clothed with public interest because a lawyer
owes substantial duties not only to his client, but also to his brethren in the profession, to the courts, and
to the nation, and takes part in one of the most important functions of the State the administration of
justice as an officer of the Court.