ARTICLE

VI

THE
LEGISLATIVE DEPARTMENT

EXCEPTIONS:
1. Delegation of legislative power to local
government units;
2. Instances when the Constitution itself
allows for such delegation [see Art. VI
Sec. 23(2)]

Sec. 1. The legislative power shall be

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

What may Congress delegate:

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

Definition of Legislative Power:

The authority to make laws and to alter or
repeal them.
Classification of legislative power: (O De
CO)
1. Original Possessed by the people in
their sovereign capacity
2. Delegated Possessed by Congress
and other legislative bodies by virtue of
the Constitution
3. Constituent The power to amend or
revise the Constitution
4. Ordinary The power to pass ordinary
laws

Sections 2-4. SENATE

Composition
24 senators who shall be elected at large by
the qualified voters of the Philippines, as may
be provided by law.
Qualifications
1. Natural-born citizen;
2. At least 35 years old on the day of
election;
3. Able to read and write;
4. A registered voter; and
5. Philippine resident for at least 2 years
immediately preceding the day of the
election.

Note:
The original legislative power of the people is
exercised via initiative and referendum. In this
manner, people can directly propose and enact
laws, or approve or reject any act or law
passed by Congress or a local government unit.
Limits on the legislative power of
Congress:
1. Substantive limitations on the content
of laws. E.g. no law shall be passed
establishing a state religion.
2. Procedural limitations on the manner
of passing laws. E.g. generally a bill
must go through three readings on
three separate days.

Note: The qualifications of both Senators and

Members of the House are limited to those
provided by the Constitution. Congress cannot,
by law, add or subtract from these
qualifications.
Term of Office:
6 years, commencing (unless otherwise
provided by law) at noon, 30 June next
following their election.

Note:
Provided that these two limitations are not
exceeded, Congress legislative power is
plenary.

Term Limitations:
1. No Senator shall serve for more than 2
consecutive terms.
2. Voluntary renunciation of office for any
length of time shall not be considered
as an interruption in the continuity of
his service for the full term for which
he was elected.

Corollaries of legislative power:

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

Sections
5-7.
HOUSE
OF
REPRESENTATIVES
Composition:
1. Not more than 25 members, unless
otherwise fixed by law; and

2.

Party-list Representative
Distinctions between Term and Tenure
1. Terms means the period during which
the elected officer is legally authorized
to assume his office and exercise the
powers thereof.
2. Tenure is the actual period during
which such officer actually holds his
position.

Election of 250 members

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

Limitation/Possible Reduction
1. Term CANNOT be reduced.
2. Tenure MAY, by law, be limited.
Thus,
a
provision
which
considers an elective office
automatically vacated when
the holder thereof files a
certificate of candidacy for
another elective office (except
President and Vice-President) is
valid, as it only affects the
officers tenure and NOT his
constitutional term.
Party-List Representatives
1. Constitute 20% of the total number of
representatives, including those under
the party-list system (thus a maximum
of 50 party-list members of the House)
2. However, for 3 consecutive terms from
2 February 1987 (i.e., the 1987-92, 9295 and 95-98 terms), 25 seats shall be
allotted to sectoral representatives.
Under Art. XVIII, Sec. 7, the sectoral
representatives are to be appointed by
the President until legislation otherwise
provides.

Qualifications
1. Natural born citizen of the Philippines;
2. At least 25 years old on the day of the
election;
3. Able to read and write;
4. Registered voter in the district he seeks
to represent; and
5. A resident of such district for at least
one year immediately preceding the
day of the election.

Mechanics of the party-list system:

1. Registered
organizations
submit a list of candidates in
order of priority.
2. During the elections, these
organizations are voted for at
large.
3. The number of seats that each
organization gets out of the
20% allotted to the system
depends on the number of
votes they get.
Qualifications
1. Natural born citizen of the Philippines
2. At least 25 years of age on the day of
the election
3. Able to read and write

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

Sec. 9. In case of vacancy in the Senate

or in the House of Representatives, a
special election may be called to fill such
vacancy in the manner prescribed by law,
but the Senator or Member of the House

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

of Representatives thus elected

serve only for the unexpired term.
Sec. 10.
Salaries
of
Members of the House

Senators

shall
and

(iii)

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

other activities done in

performance of their official
duties.
Congress need NOT be in
session when the utterance
is made, as long as it forms
part of legislative action,
i.e. part of the deliberative
and
communicative
process used to participate
in legislative proceedings in
consideration of proposed
legislation or with respect
to other matters with
Congress jurisdiction.

Sec. 12. All Members of the Senate and

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

Sec. 11: CONGRESSIONAL IMMUNITIES

1.) Immunity from arrest:
1. Legislators are privileged from arrest
while Congress is in session with
respect to offenses punishable by up to
6 years of imprisonment.
Thus,
whether Congress is in regular or
special session, the immunity from
arrest applies.
2. If Congress is in recess, members
thereof may be arrested.
3. The immunity is only with respect to
arrests and NOT to prosecution for
criminal offenses.
2.) Legislative privilege:
1. No member shall be questioned or held
liable in any forum other than his/her
respective Congressional body for any
debate or speech in the Congress or in
any Committee thereof.
2. Limitation on the privilege:
(i)
Protection is only against
forum other than Congress
itself.
Thus
for
inflammatory
remarks
which
are
otherwise
privileged, a member may
be sanctioned by either the
Senate or the House as the
case may be.
(ii)
The speech or debate
must
be
made
in
performance of their duties
as members of Congress.
This
includes
speeches
delivered,
statements
made, votes cast, as well
as bills introduced, and

Sec. 13-14:
DISQUALIFICATIONS:
Disqualifications:
DISQUALIFICATION
1. Senator/Member of
the House cannot hold
any other office or
employment in the
Government
or
any
subdivision, agency or
Instrumentality thereof,
including GOCCS or their
subsidiaries.
2. Legislators cannot be
appointed to any office.

3. Legislators cannot
personally appear as
counsel before any court
of
justice,
electoral
tribunal,
quasi-judicial
and
administrative
bodies.
4. Legislators cannot be
financially
interested
directly or indirectly in
any contract with or in
any franchise, or special

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

IF the office was

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

During his term of

office.

privilege granted by the

Government,
or
any
subdivision, agency or
instrumentality thereof,
including any GOCC or
its subsidiary.
5. Legislators cannot
intervene in any matter
before any office of the
government.

to ignore them when circumstances so

require.
Discipline:
1.) Suspension
1. Concurrence of 2/3 of ALL its members
and
2. Shall not exceed 60 days.
2.) Expulsion
1. Concurrence of 2/3 of ALL its members.

When it is for his

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

Congressional Journals and Records:

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

Sec. 15: REGULAR AND SPECIAL SESSIONS

Regular Sessions:
1.)
Congress convenes once every year on
the 4th Monday of July (unless otherwise
provided for by law)
2.) Continues in session for as long as it sees
fit, until 30 days before the opening of the next
regular session, excluding Saturdays, Sundays,
and legal holidays.

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

Special Sessions:
Called by the President at any time when
Congress is not in session.
Sec. 16. Officers:
1.) Senate President;
2.) Speaker of the House; and
3.)
Each House may choose such other
officers as it may deem necessary.

Section 17: THE ELECTORAL TRIBUNAL

The Senate and the House shall each have
an Electoral Tribunal which shall be
composed of:
1. 3 Supreme Court Justices to be
designated by the Chief Justice; &
2. 6 Members of the Senate or House, as
the case may be.
The senior Justice in the Electoral Tribunal shall
be its Chairman.

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

Note: The congressional members of the ETs

shall be chosen on the basis of proportional
representation from the political parties and
party-list organizations.
Jurisdiction:
1.)
Each ET shall be the sole judge of all
CONTESTS relating to the election, returns, and
qualifications of their respective members.
This includes determining the validity or
invalidity of a proclamation declaring a
particular candidate as the winner.
2.)
An election contest is one where a
defeated candidate challenges the qualification
and claims for himself the seat of a proclaimed
winner.
3.) In the absence of an election contest, the
ET is without jurisdiction. However, the power
of each House to expel its own members or

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

even to defer their oath-taking until their

qualifications are determined may still be
exercised even without an election contest.

1.) CA shall confirm the appointments by the

President with respect to the following
positions:
1. Heads of the Executive Departments
(except if it is the Vice-President who is
appointed to the post).
2. Ambassadors, other public ministers or
consuls.
3. Officers of the AFP from the rank of
Colonel or Naval Captain: and
4. Other officers whose appointments are
vested in him by the Constitution (e.g.
COMELEC members).
2.) Congress CANNOT by law prescribe that
the appointment of a person to an office
created by such law shall be subject to
confirmation by the CA.
3.) Appointments extended by the President
to the above-mentioned positions while
Congress is not in session shall only be
effective until disapproval by the CA or until
the next adjournment of Congress.

Issues regarding the Electoral Tribunals:

1.)
Since the ETs are independent
constitutional bodies, independent even of the
House
from
which
the
members
are
respectively taken, neither Congress nor the
Courts may interfere with procedural matters
relating to the functions of the ETs, such as
the setting of deadlines or filing their election
contests with the respective ETs.
2.)
The ETs being independent bodies, its
members may not be arbitrarily removed from
their positions in the tribunal by the parties
which they represent. Neither may they be
removed for not voting according to party
lines, since they are acting independently of
Congress.
3.) The mere fact that the members of either
the Senate or the House sitting on the ET are
those which are sought to be disqualified due
to the filing of an election contest against them
does not warrant all of them from being
disqualified from sitting in the ET. The
Constitution is quite clear that the ET must act
with both members from the SC and from the
Senate or the House. If all the legislatormembers of the ET were to be disqualified, the
ET would not be able to fulfill its constitutional
functions.
4.) Judicial review of decisions of the ETs may
be had with the SC only insofar as the decision
or resolution was rendered without or in excess
of jurisdiction or with grave abuse of discretion
constituting denial of due process.

Meetings of the CA
1.)
CA meets only while Congress is in
session.
2.) Meetings are held either at the call of the
Chairman or a majority of all its members.
3.)
Since the CA is also an independent
constitutional body, its rules of procedure are
also outside the scope of congressional powers
as well as that of the judiciary.
Note: The ET and the CA shall be constituted
within 30 days after the Senate and the House
of Representative shall have been organized
with the election of the President and the
Speaker.

Section
18:
THE
COMMISSION
ON
APPOINTMENTS
Composition:
1.) Senate President as ex-officio chairman;
2.) 12 Senators; and
3.) 12 Members of the House.
Note: The 12 Senators and 12 Representatives
are elected on the basis of proportional
representation from the political parties and
party-list organizations.

Sections 21-22: LEGISLATIVE INQUIRIES

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

Voting/Action
1.) The chairman shall only vote in case of a
tie.
2.)
The CA shall act on all appointments
within 30 session days from their submission to
Congress.
3.) The Commission shall rule by a majority
vote of all the Members.
Jurisdiction

Enforcement:
1. Since experience has shown that mere
requests for information does not

2.

3.

4.

5.

usually work, Congress has the

inherent power to punish recalcitrant
witnesses for contempt, and may have
them incarcerated until such time that
they agree to testify.
The continuance of such incarceration
only subsists for the lifetime, or term,
of such body. Once the body ceases to
exist after its final adjournment, the
power to incarcerate ceases to exist as
well. Thus, each Congress of the
House lasts for only 3 years. But if one
is incarcerated by the Senate, it is
indefinite because the Senate, with its
staggered terms, is a continuing body.
BUT, in order for a witness to be
subject to this incarceration, the
primary requirement is that the inquiry
is within the scope of Congress
powers. i.e. it is in aid of legislation.
The materiality of a question is
determined not by its connection to
any actually pending legislation, but by
its connection to the general scope of
the inquiry.
The power to punish for contempt is
inherent in Congress and this power is
sui generis. It cannot be exercised by
local government units unless they are
expressly authorized to do so.

6.
7.

Required by the security of state or

required by public interest; and
When the President so states in writing

Sections
23-24.
DECLARATION
OF
WAR/EMERGENCY POWERS
Vote requirement:
(to
declare
the
existence of a state of war)
1. 2/3 of both Houses, in joint session
2. Voting separately
Emergency powers:
1. During times of war or other national
emergency, Congress may, BY LAW,
authorize the President to exercise
powers necessary and proper to carry
out a declared national policy.
2. Limitations:
1. Powers will be exercised for a
limited period only; and
2. Powers will be subject to
restrictions
prescribed
by
Congress
3. Expiration of emergency powers
1. By resolution of Congress or
2. Upon the next adjournment of
Congress

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

Sections 24-27, 30-31 LEGISLATION

Bills that must originate from the House
of Representatives (Section 24)
CODE: A R T Pu Lo P
1. Appropriation bills
2. Revenue bills
3. Tariff bills
4. Bills authorizing the increase of public
debt
5. Bills of local application
6. Private bills
Note: The Senate may, however, propose or
concur with amendments.

Appearance by department heads before

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

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

1.
1.

A revenue bill is one specifically

designed to raise money or revenue
through imposition or levy.
Thus, a bill introducing a new tax is a
revenue bill, but a provision in, for
instance, the Videogram Regulatory
Board law imposing a tax on video
rentals does not make the law a
revenue bill.

c.

Speaker of the House of

Representatives
d. Chief of Justice of the Supreme
Court
e. Heads of the Constitutional
Commissions
3. Discretionary funds appropriated for
particular officials shall be:
a. Disbursed only for public
purposes;
b. Should
be
supported
by
appropriate vouchers; and
c. Subject to guidelines as may
be prescribed by law.
4. If Congress fails to pass General
Appropriations Bill (GAB) by the end of
any fiscal year:
i.
The GAB for the previous year
is deemed reenacted
ii.
It will remain in full force and
effect until the GAB is passed
by Congress.
5. For law granting tax exemption
It should be passed with the
concurrence of a MAJORITY of ALL the
members of Congress.
6. For bills in general
a. Every bill shall embrace only
one (1) subject, as expressed in
the title thereof
i.
As a mandatory
requirement
ii.
The title does not
have
to
be
a
complete catalogue
of
everything
stated in the bill. It
is sufficient if the
title expresses the
general subject of
the bill and all the
provisions of the
statute
are
germane to that
general subject.
iii.
A bill which repeals
legislation
regarding
the
subject
matter
need not state in
the title that it is
repealing
the
latter.
Thus,
a
repealing clause in
the
bill
is
considered
germane to the
subject matter of
the bill.

Bills of local application

A bill of local application, such as one asking
for the conversion of a municipality into a city,
is deemed to have originated from the House
provided that the bill of the House was filed
prior to the filing of the bill in the Senate even
if, in the end, the Senate approved its own
version.
Limitations:
1. For appropriation bills:
a. Congress cannot increase the
appropriations
recommended
by the President for the
operation of the Government
as specified in the budget.
b. Each provision or enactment in
the General Appropriations Bill
must relate specifically to some
particular appropriation therein
and any such provision or
enactment must be limited in
its
operation
to
the
appropriation
to
which
it
relates.
c. The procedure in approving
appropriations for Congress
shall
strictly
follow
the
procedure
for
approving
appropriations
for
other
departments and agencies.
d. A special appropriations bill
must specify the purpose for
which it is intended and must
be supported by funds actually
available as certified by the
National Treasurer or to be
raised by a corresponding
revenue proposal therein.
2. Transfer of appropriations:
1. Rule: No law shall be passed
authorizing
any
transfer
of
appropriations
2. BUT the following may, BY LAW, be
authorized to AUGMENT any item in
the general appropriations law for
their
respective
offices
from
savings in other items of their
respective appropriations
a. President
b. President of the Senate

Readings

1.
2.

3.

4.

In order to become a law, each bill

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

TYPE
OF
BILL
ITEM
1. Revenue/tax bill
Subject of the tax
and the tax rate imposed thereon
2. Appropriations bill
Indivisible sum
dedicated to a stated purpose

Second reading Entire text is read

and
debates
are
held,
and
amendments introduced.

Specific limitations on legislation

1. No law shall be enacted increasing the
Supreme Courts appellate jurisdiction
without
the
SCs
advice
and
concurrence.
2. No law shall be enacted granting titles
of royalty or nobility.

Veto of RIDER
1. A rider is a provision which does not
relate to a particular appropriation
stated in the bill.
2. Since it is an invalid provision under
Section 25(2), the President may veto it
as an item.

Third reading only the title is read, no

amendments are allowed. Vote shall
be taken immediately thereafter and
the yeas and nays entered in the
journal.

Section 28. POWER TO TAX

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

Veto power of President:

1. Every bill, in order to become a law,
must be presented to and signed by
the President.
2. If the President does not approve of the
bill, he shall veto the same and return
it with his objections to the House from
which it originated. The House shall
enter the objections in the Journal and
proceed to reconsider it.
3. The President must communicate his
decision to veto within 30 days from
the date of receipt thereof. If he fails to
do so, the bill shall become a law as if
he signed it.
4. This rule eliminates the pocket veto
whereby the President would simply
refuse to act on the bill.
1.

2.
3.
4.
5.

Delegation of power to fix rates

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

To OVERRIDE the veto, at least 2/3 of

ALL the members of each House must
agree to pass the bill. In such case,
the veto is overriden and becomes a
law without need of presidential
approval.
Item veto
The President may veto particular
items in an appropriation, revenue or
tariff bill.
This veto will not affect items to which
he does not object.
Definition of item

Constitutional tax exemptions:

1)
The following properties are exempt from
REAL PROPERTY taxes
(CODE: Cha Chu M- CA)
a)
Charitable institutions
b)
Churches, and parsonages or
convents appurtenant thereto
c)
Mosques
d)
Non-profit cemeteries; and
e)
All
lands,
buildings
and
improvements actually, directly and

exclusively
used
for
religious,
charitable, or educational purposes.
2)
All revenues and assets of NON-STOCK
NON-PROFIT EDUCATIONAL institutions are
exempt from taxes and duties PROVIDED that
such revenues and assets are actually, directly
and exclusively used for educational purposes.
(Art. XIV Sec 4 (3))
3)
Grants, endowments, donations or
contributions used actually, directly and
exclusively for educational purposes shall be
exempt from tax. This is subject to conditions
prescribed by law. (Art. XIV. Sec 4 (4))

shall be transferred to the general

funds of the Government
Section 32. INITIATIVE AND REFERENDUM
1)
Through the system of initiative and
referendum, the people can directly propose
and enact laws or approve or reject any act or
law or part thereof passed by the Congress or
local legislative body.
2)
Required Petition
a)
Should be signed by at least 10%
of the total number of registered voters
b)
Every legislative district should
be represented by at least 3% of the
registered voters
c)
Petition should be registered

Section 29. Power of the Purse

1)
No money shall be paid out of the
National Treasury EXCEPT in pursuance of an
appropriation made by law.
a)
This places the control of public
funds in the hands of Congress.
b)
BUT: This rule does not prohibit
continuing appropriations. e.g. for debt
servicing. This is because the rule
does not require yearly, or annual
appropriation.
2)
Limitations.
a)
Appropriations must be for a
PUBLIC PURPOSE
b)
Cannot appropriate public funds
or property, directly or indirectly, in
favor of
(i)
Any
sect,
church,
denomination, or sectarian institution
or system of religion or
(ii)
Any priest, preacher,
minister, or other religious teacher or
dignitary as such.
EXCEPT if the priest, etc is assigned to:

the Armed Forces; or

any penal institution; or

government orphanage;
or

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

ARTICLE
VII.
THE
EXECUTIVE DEPARTMENT

7) The Supreme Court en banc shall act as

the sole judge over all contests relating to the
election, returns, and qualifications of the
President
or
Vice-President
and
may
promulgate its rules for the purpose.

Section 1. EXECUTIVE POWER

Scope:
1) Executive power is vested in the President
of the Philippines.
2) The scope of this power is set forth in Art.
VII of the Constitution. But this power is not
limited to those set forth therein. The SC, in
Marcos v. Manglapus, referred to the RESIDUAL
powers of the President as the Chief Executive
of the country, which powers include others not
set forth in the Constitution. EXAMPLE: The
President is immune from suit and criminal
prosecution while he is in office.
3) Privilege of immunity from suit is personal
to the President and may be invoked by him
alone. It may also be waived by the President,
as when he himself files suit.
4)
BUT The President CANNOT dispose of
state property unless authorized by law.

Term of Office
1) President
a) 6 years beginning at noon on 30
June immediately following the election
and ending at noon on the same day 6
years later.
b) Term limitation: Single term only;
not eligible for any reelection.
c) Any person who has succeeded as
President, and served as such for more
than 4 years shall NOT be qualified for
election to the same office at any time.
2)

Section 2. QUALIFICATIONS
1) Natural-born citizen of the Philippines
2) Registered voter;
3) Able to read and write;
4) At least 40 years old on the day of election
5)
Philippine resident for at least 10 years
immediately preceding such election.

Vice-President:
a)
6 years, starting and ending the
same time as the President.
b)
Term limitation: 2 successive
terms.
c) Voluntary renunciation of the office
for any length of time is NOT an
interruption in the continuity of service
for the full term for which the VicePresident was elected.

Section 6. SALARIES AND EMOLUMENTS

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

Note: The Vice-President has the same

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

Sections 7-12, PRESIDENTIAL SUCCESSION

1. Vacancies at the beginning of the
term
VACANCY
SUCCESSOR
President-elect fails to qualify or to be VP-elect will be Ac
chosen
qualified/chosen as
President-elect dies or is permanently VP becomes Presid
disabled.
Both President and VP-elect are not
1. Senate Pres
chosen or do not qualify or both die, or
2. In case of h
both become permanently disabled.
House sha
President o
and qualifie
In case of death
Congress shall dete
acting President.

10

b)
When a majority of the Cabinet
members transmit to the Senate
2. Vacancies after the office is initially
President and the Speaker their written
filled:
declaration.
(i) The VP will immediately be
VACANCY
SUCCESSOR
President.
President dies, is permanently disabled, is Vice-President
becomes Acting
President
for
the
(ii) BUT:
If the President
impeached, or resigns.
unexpired term.
transmits a written declaration
Both President and Vice-President die,
1.
that he is not disabled, he
become
permanently
disabled,
are
2.
reassumes his position.
impeached, or resign.
(iii) If within 5 days after the
President
re-assumes
his
position, the majority of the
Cabinet
retransmits
their
3)
Vacancy in office of Vice-President
written declaration, Congress
during the term for which he was elected:
shall decide the issue. In this
a)
President will nominate new VP
event,
Congress
shall
from any member of either House of
reconvene within 48 hours if it
Congress.
is not in session, without need
b) Nominee shall assume office upon
of a call.
confirmation by majority vote of ALL
(iv)
Within
10
days
after
members of both Houses, voting
Congress is required to
separately. (Nominee forfeits seat in
assemble, or 12 days if
Congress)
Congress is not in session,
a 2/3 majority of both
4)
Election of President and ViceHouses, voting separately,
President after vacancy during tem
is needed to find the
a)
Congress shall convene 3 days
President
temporarily
after the vacancy in the office of both
disabled, in which case, the
the President and the VP, without need
VP will be Acting President.
of a call. The convening of Congress
cannot be suspended.
6) Presidential Illness:
b)
Within 7 days after convening,
a) If the President is seriously ill, the public
Congress shall enact a law calling for a
must be informed thereof.
special election to elect a President and
b)
Even during such illness, the National
a VP. The special election cannot be
Security Adviser, the Secretary of Foreign
postponed.
Affairs, and the Chief of Staff of the AFP are
c)
The special election shall be held
entitled to access to the President
not earlier than 45 days not later than
60 days from the time of the
Section 13. DISQUALIFICATIONS
enactment of the law.
SUBJECT
SOURCE
OF
d)
The 3 readings for the special law
DISQUALIFICATION
need not be held on separate days.
President,
Prohibited from:
e)
The law shall be deemed enacted
Vice1. Holding any office
upon its approval on third reading.
President,
or
employment
Cabinet
during their tenure,
BUT: No special election shall be called if the
Members,
UNLESS:
vacancy occurs within 18 months before the
Deputies
or
date of the next presidential election.
Assistants of
a. otherwise provided
5) Temporary disability of the President:
Cabinet
in the Constitution
The temporary inability of the President to
Members
(e.g. VP can be
discharge his duties may be raised in either of
appointed a Cabinet
two ways:
Member, Sec. of
a) By the President himself, when he
Justice
sits
on
sends a written declaration to the
Judicial
and
Bar
Senate President and the Speaker of
Council); or
the House. In this case, the Viceb.
the positions are exPresident will be Acting President until
officio and they do
the President transmits a written
not
receive
any
declaration to the contrary.
salary
or
other

11

emoluments
therefor (e.g. Sec.
of Finance is head
of Monetary Board).
2.

3.

4.

Spouses and
4th degree
relatives
of
the President
(consanguinit
y or affinity)

Practicing, directly
or indirectly, any
other
profession
during their tenure;
Participating in any
business;

2.

Being
financially
interested in any
contract with, or in
any franchise, or
special
privilege
granted
by
the
government or any
subdivision, agency
or
instrumentality
thereof,
including
GOCCs
or
their
subsidiaries.

Sections 14-16. POWER TO APPOINT

Principles:
1)
Since the power to appoint is executive in
nature, Congress cannot usurp this function.
2)
While Congress (and the Constitution in
certain cases) may prescribe the qualifications
for particular offices, the determination of who
among those who are qualified will be
appointed is the Presidents prerogative.
Scope:
The President shall appoint the following:
1)
Heads of executive departments (CA
confirmation needed):
2) Ambassadors, other public ministers, and
consuls (CA confirmation needed).
3)
Officers of AFP from rank of colonel or
naval captain (CA confirmation needed).
4)
Other officers whose appointment is
vested in him by the Constitution (CA
confirmation needed), such as:
a)
Chairmen and members of the
COMELEC, COA and CSC.
b)
Regular members of the Judicial
and Bar Council.
c) The Ombudsman and his deputies;
d)
Sectoral
representatives
in
Congress.

N.B. President also appoints members

of the Supreme Court and judges of the
lower courts, but these appointments
do not need CA confirmation.
5) All other officers whose appointments are
not otherwise provided for by law; and those
whom he may be authorized by law to appoint.
a)
This includes the Chairman and
members of the Commission on Human
Rights,
whose
appointments
are
provided for by law NOT by the
Constitution.
b)
Congress may, by law, vest the
appointment of other officers lower in
rank in the President alone or in the
courts, or in the heads of departments,
agencies, boards or commissions.

N.B.
The
rule
on
disqualifications
for
the
President and his Cabinet
are stricter than the normal
rules
applicable
to
appointive
and
elective
officers under Art. IX-B, Sec.
7
Cannot be appointed during
Presidents tenure as:
1.

2.
3.
4.
5.

N.B.
1.

became President,
he/she
may
continue in office.
What is prohibited is
appointment
and
reappointment, NOT
continuation
in
office.
Spouses, etc., can
be appointed to the
judiciary
and
as
ambassadors
and
consuls.

Members
of
the
Constitutional
Commissions;
Office
of
the
Ombudsman;
Department
Secretaries;
Department undersecretaries;
Chairman or heads
of bureaus or offices
including
GOCCs
and
their
subsidiaries.

If the spouse, etc.,

was already in any
of the above offices
at the time before
his/her
spouse

12

c)
BUT: Congress cannot, by law,
require
CA
confirmation
of
the
appointment of other officers for offices
created subsequent to the 1987
Constitution (e.g. NLRC Commissioners,
Bangko Sentral Governor).
d)
ALSO: Voluntary submission by
the President to the CA for confirmation
of an appointment which is not
required to be confirmed does not vest
the CA with jurisdiction. The President
cannot extend the scope of the CAs
power as provided for in the
Constitution.

Section 17.
Power of Control and
Supervision
Power of Control:
The power of an officer to alter, modify, or set
aside what a subordinate officer has done in
the performance of his duties, and to substitute
the judgment of the officer for that of his
subordinate. Thus, the President exercises
control over all the executive departments,
bureaus, and offices.
The Presidents power over government-owned
corporations comes not from the Constitution
but from statute. Hence, it may be taken away
by statute.

Procedure:
1) CA confirmation needed:
a) Nomination by President
b) Confirmation by CA
c) Appointment by President; and
d) Acceptance by appointee.
Note: At any time before all four steps have
been complied with, the President can
withdraw the nomination/appointment.

Qualified Political Agency:

1)
Since all executive and administrative
organizations are adjuncts of the Executive
Department, the heads of such departments,
etc. are assistants and agents of the President.
2)
Thus, generally the acts of these
department heads, etc, which are performed
and promulgated in the regular course of
business, are presumptively the acts of the
President.
3) Exception: If the acts are disapproved or
reprobated by the President.
4)
Under Administrative Law, decisions of
Department Secretaries need not be appealed
to the President in order to comply with the
requirement of exhaustion of administrative
remedies.
5) Qualified political agency does NOT apply
if the President is required to act in person by
law or by the Constitution. Example: The
power to grant pardons must be exercised
personally by the President.

2)

No CA confirmation:
a) Appointment; and
b) Acceptance.
Note: Once appointee accepts, President can
no longer withdraw the appointment.
Ad-interim appointments:
1) When Congress is in recess, the President
may still appoint officers to positions subject to
CA confirmation.
2)
These
appointments
are
effective
immediately, but are only effective until they
are disapproved by the CA or until the next
adjournment of Congress.
3) Appointments to fill an office in an acting
capacity are NOT ad-interim in nature and need
no CA approval.

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

Appointments by an Acting President:

These shall remain effective UNLESS revoked
by the elected President within 90 days from
his assumption or re-assumption of office.
Limitation
1)
2 months immediately before the next
Presidential elections, and up to the end of his
term, the President or Acting President SHALL
NOT make appointments. This is to prevent
the practice of midnight appointments.
2) EXCEPTION:
a)
Can
make
TEMPORARY
APPOINTMENTS
b) To fill EXECUTIVE POSITIONS;
c) If continued vacancies therein will
prejudice public service or endanger
public safety.

Power of Supervision:
1) This is the power of a superior officer to
ensure that the laws are faithfully executed by
subordinates.
2)
The power of the president over local
government
units
is
only
of
general
supervision. Thus, he can only interfere with
the actions of their executive heads if these are
contrary to law.

13

3) The execution of laws is an OBLIGATION of

the President.
He cannot suspend the
operation of laws.
4) The power of supervision does not include
the power of control; but the power of control
necessarily includes the power of supervision.

i. Suspend the operation of the

Constitution.
ii. Supplant the functioning of the civil
courts or legislative assemblies.
iii. Authorize conferment of jurisdiction
on military courts over civilians where
civil courts are able to function and
iv. Automatically suspend the privilege
of the writ.

Section
18.
COMMANDER-IN-CHIEF
POWERS
Scope:
1) The President is the Commander-in-Chief
of the Armed Forces.
2)
Whenever necessary, the President may
call out the AFP to PREVENT or SUPPRESS:
a) Lawless violence;
b) Invasion; or
c) Rebellion.
3) The President may also:
a) Suspend the privilege of the writ of
habeas corpus; and
b) Proclaim a state of martial law.

Suspension of privilege of the writ:

i. Applies ONLY to persons judicially
charged for rebellion or offenses
inherent in or directly connected with
invasion.
ii. Anyone arrested or detained during
suspension must be charged within 3
days.
Otherwise
he
should
be
released.
Note: While the suspension of the privilege of
writ and the proclamation of martial law is
subject to judicial review, the actual use by the
President of the armed forces is not. Thus,
troop deployments in times of war is subject to
the Presidents judgment and discretion.

Suspension of the privilege of the writ of

habeas corpus and declaring martial law;
Grounds
1. Invasion or
2. Rebellion; and
3. Public safety requires it.
4. The invasion or rebellion must be
ACTUAL and not merely imminent.

Section 19: EXECUTIVE CLEMENCY

Scope:
1.)
The
President
may
grant
the
following: [ Pa R C Re]
1. Pardons (conditional or plenary)
2. Reprieves
3. Commutations
4. Remittance of fines and forfeitures
2.)
These may only be granted AFTER
conviction by final judgment.
3.)
ALSO: The power to grant clemency
includes
cases
involving
administrative
penalties.
4.)
Where a conditional pardon is granted,
the determination of whether it has been
violated rests with the President.
Limitations:
1.) As to scope:
Cannot be granted:
a.) Before conviction
b.) In cases of impeachment
c.)
For violations of election laws,
rules, and regulation without the
favorable recommendation of the
COMELEC
d.)
In cases of civil or legislative
contempt
2.) As to effect:
a.) Does not absolve civil liabilities for
an offense.
b.)
Does not restore public offices
already forfeited, although eligibility for
the same may be restored.

Limitations:
1. Suspension or proclamation is effective
for only 60 days.
2. Within 48 hours from the declaration or
suspension, the President must submit
a report to Congress.
3. Congress, by majority vote and voting
jointly, may revoke the same, and the
President
cannot
set
aside
the
revocation.
4. In the same manner, at the Presidents
initiative, Congress can extend the
same for a period determined by
Congress if:
i. Invasion or rebellion persist
and
ii. Public safety requires it.
NOTE: Congress CANNOT extend the
period motu propio.
Supreme Court review:
i. The appropriate proceeding can be
filed by any citizen.
ii. The SC can review the FACTUAL
BASIS
of
the
proclamation
or
suspension.
iii. Decision is promulgated within 30
days from filing.
Martial Law does NOT:

14

Amnesty:
Note: While our municipal law
1.) An act of grace concurred in by Congress,
makes
a
distinction
between
usually extended to groups of persons who
international
agreements
and
commit political offenses, which puts into
executive agreements, with the former
oblivion the offense itself.
requiring Senate approval and the
2.) President alone CANNOT grant amnesty.
latter not needing the same, under
Amnesty needs concurrence by a majority of all
international law, there is no such
the members of Congress.
distinction.
3.)
When a person applies for amnesty, he
must admit his guilt of the offense which is
Note: The President cannot, by
subject to such amnesty. If his application is
executive agreement, undertake an
denied, he can be convicted based on this
obligation which indirectly circumvents
admission of guilt.
a legal prohibition.
4.) Amnesty V. Pardon
(e)
Conflict between treaty and
municipal law.
AMNESTY
PARDON
(i) Philippine court:
Addressed to POLITICAL offenses
Addressed to ORDINARY offenses
The
later
enactment
will
Granted to a CLASS of persons
Granted to INDIVIDUALS
prevail, be it treaty or law, as it
Need not be accepted
Must be accepted
is the latest expression of the
Requires concurrence of majority of all No need for Congressional concurrence
States will.
members of Congress
(ii) International
A public act. Subject to judicial notice
Private act of President. It must
be proved. tribunal
Treaty
will always prevail. A
Extinguishes the offense itself
Only penalties are extinguished.
State
cannot
plead
its
May or may not restore political rights.
municipal
law
to
justify
Absolute pardon restores. Conditional does
noncompliance
with
an
not.
international obligation.
Civil indemnity
not extinguished.
(2) isPower
to appoint ambassadors, other
May be granted before or after Only granted
conviction
by final
publicafter
ministers,
and consuls.
conviction
judgement (3) Power to receive ambassadors and other
public ministers accredited to the Philippines.
Section 20. Power to Contract or
(4) Power to contract and guarantee foreign
Guarantee Foreign Loans
loans on behalf of the Republic
Limitations:
(5) Power to deport aliens
(1) The President may contract or guarantee
(a)
This power is vested in the
foreign loans on behalf of the Republic of the
President by virtue of his office, subject
Philippines with the prior concurrence of the
only to restrictions as may be provided
Monetary Board; and
by legislation as regards the grounds
(2) Subject to such limitations as may be
for deportation.
provided by law.
(b) In the absence of any legislative
restriction to authority, the President
Section 21. Foreign Relations Powers
may still exercise this power.
include:
(c)
The power to deport aliens is
(1) Power to negotiate treaties and other
limited by the requirements of due
international agreements
process, which entitles the alien to a
(a) BUT: Such treaty of international
full and fair hearing.
agreement must be concurred in by at
BUT: The alien is not entitled to bail
least 2/3 of all Senators in order to be
as a matter of right.
valid and effective in our country.
(b) Options of Senate when a treaty is
submitted for its approval:
(i) Approve with 2/3 majority;
(ii) Disapprove outright; or
(iii) Approve conditionally, with
suggested amendments.
(c) If treaty is not re-negotiated, no
treaty
(d) If treaty is re-negotiated and the
Senates suggestions are incorporated,
the treaty will go into effect without
need of further Senate approval.

15

16

ARTICLE VIII. THE JUDICIAL

DEPARTMENT

1. Defining enforceable and demandable rights

and prescribing remedies for violations of such
rights; and
2. Determining the court with jurisdiction to
hear and decide controversies or disputes
arising from legal rights.
3. Thus, Congress has the power to define,
prescribe and apportion the jurisdiction of
various courts.
1. BUT, Congress cannot deprive the
Supreme Court of its jurisdiction over
cases provided for in the Constitution.
2. Creation and abolition of courts:
1. The power to create courts
implies the power to abolish
and even re-organize courts.
2. BUT this power cannot be
exercised in a manner which
would undermine the security
of tenure of the judiciary.
3. If the abolition/re-organization
is done in good faith and not
for
political
or
personal
reasons, then it is VALID.
(same rule applies for civil
servants)

Sec. 1. JUDICIAL POWER

Scope:
1. Judicial power is the authority to settle
justiciable controversies or disputes involving
rights that are enforceable and demandable
before the courts of justice or the redress of
wrongs for violations of such rights.
2. Vested in the Supreme Court and such lower
courts as may be established by law.
3. Since the courts are given judicial power
and nothing more, courts may neither attempt
to assume or be compelled to perform nonjudicial functions. They may not be charged
with administrative functions except when
reasonably incidental to the fulfillment of their
duties.
4. In order that courts may exercise this
power, there must exist the following:
1. An actual controversy with legally
demandable and enforceable rights;
2. Involving real parties in interest;
3. The exercise of such power will bind
the parties by virtue of the courts
application of existing laws.
5. Judicial power cannot be exercised in
vacuum. Without any laws from which rights
arise and which are violated, there can be no
recourse to the courts.
6. The courts cannot be asked for advisory
opinions.
7. Judicial power includes:
1. The duty of the courts to settle actual
controversies involving rights which are
legally demandable and enforceable;
and
1. 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.

Sec. 3. FISCAL AUTONOMY

1. The entire judiciary shall enjoy fiscal
autonomy.
2. Annual appropriations for the judiciary
cannot be reduced below the amount
appropriated for the previous year.
3. Once approved, appropriations shall be
automatically and regularly released.
Secs. 4-7; 12 JUDICIARY
Composition of the Supreme Court:
1. Chief Justice and
2. 14 Associate Justices
Note: Members of the Supreme Court and of
other courts established by law shall not be
designated to any agency performing quasijudicial or administrative functions.
Qualifications of members of the SC:
1. Natural born citizen of the Philippines
2. At least 40 years old
3. At least 15 years of experience as a judge
or in the practice of law in the Philippines
4. Person of proven competence, integrity,
probity and independence.

Political Questions:
1. A political question is one the resolution of
which has been vested by the Constitution
exclusively in either the people, in the exercise
of their sovereign capacity, or in which full
discretionary authority has been delegated to a
co-equal branch of the Government.
2. Thus, while courts can determine questions
of legality with respect to governmental action,
they cannot review government policy and the
wisdom thereof, for these questions have been
vested by the Constitution in the Executive and
Legislative Departments.

Qualifications of members of lower

collegiate
courts
(CA,
CTA,
Sandiganbayan)
1. Natural born citizen of the Philippines
2. Member of the Philippine bar
3. Possesses other qualifications prescribed by
Congress

Sec. 2. ROLES OF CONGRESS

17

4. Person of proven competence, integrity,

probity and independence.

3. Members of the Judiciary are NOT exempt

from payment of income tax.

Qualifications of judges of lower noncollegiate courts:

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

Sec. 11. TENURE/DISCIPLINARY POWERS

OF SC
1. Members of the SC and judges of the lower
courts hold office during good behavior until
a. The age of 70 years old; or
b. They become incapacitated to
discharge their duties.
2. Disciplinary action against judges of lower
courts:
a. Only the SC en banc has jurisdiction
to discipline or dismiss judges of lower
courts.
b.
Disciplinary
action/dismissal:
Majority vote of SC Justices who took
part in the deliberations and voted
therein.
3. Removal of SC Justices:
a. Only by IMPEACHMENT.
b. Cannot be disbarred while they hold
office.
Secs. 4-6, 13. THE SUPREME COURT
Hearing of cases:
1. En banc; or
2. Divisions of 3, 5, or 7.

Section 8. JUDICIAL AND BAR COUNCIL

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

Cases required to be heard en banc:

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

B. Functions of JBC
1. Principal
function:
recommend
appointees to the Judiciary
2. Exercise such other functions as
the SC may assign to it.
C. Appointments to the Judiciary
1. President shall appoint from a list
of at least 3 nominees for each
vacancy, as prepared by the JBC.
2. No CA confirmation is needed for
appointments to the Judiciary.
3. Vacancies in SC should be filled
within 90 days from the occurrence
of the vacancy.
4. Vacancies in lower courts should be
filled
within
90
days
from
submission to the President of the
JBC list.
Sec. 10. SALARIES
1. Salaries of SC Justices and judges of lower
courts shall be fixed by law.
2.
Cannot be decreased during their
continuance in office, but can be increased.

Cases heard by division

18

1. Must be decided with the concurrence of a

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

a. It should provide a simplified and

inexpensive procedure for the speedy
disposition of cases.
b. It should be uniform for all courts of
the same grade.
c. It should not diminish, increase, or
modify substantive rights.
6. Appoint ALL officials and employees of the
Judiciary, in accordance with Civil Service Law.
7. Exercise administrative supervision over ALL
courts and the personnel thereof.

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

Decisions of the Supreme Court:

1. Reached in consultation before being
assigned to a member for the writing of the
opinion.
2. A certification to this effect must be signed
by the Chief Justice and attached to the record
of the case and served upon the parties.
3. Members of the SC who took no part, or who
dissented or abstained must state the reasons
therefore.
Note: This procedure shall also be observed by
all lower collegiate courts (CA, CTA, and
theSandiganbayan).
JUDICIAL REVIEW
Definition
1. Judicial Review is the power of the SC to
declare
a law,
treaty,
ordinance etc.
unconstitutional.
2. Lower courts may also exercise the power
of judicial review, subject to the appellate
jurisdiction of the SC.
3. Only SC decisions are precedent, and thus,
only SC decisions are binding on all.
Requisites
Code:
[A R S
Co R]
1. An ACTUAL CASE calling for the exercise of
judicial power
2. The question involved must be RIPE FOR
ADJUDICATION, i.e. the government act must
have had an adverse effect on the person
challenging it.
3. The person challenging the governmental
act must have STANDING, i.e. a personal and
substantial interest in the case such that he
has sustained, or will sustain, direct injury as a
result of its enforcement.
4. The question of Constitutionality must be
raised in the first instance, or at the earliest
opportunity.
5. Resolution of the issue of constitutionality is
unavoidable or is the very lis mota.
Effect
of
a
unconstitutionality:

Limitations on Rule Making Power

19

declaration

of

1. Prior to the declaration that a particular law

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

2) Revision: An examination of the entire

Constitution to determine how and to what
extent it should be altered. A revision implies
substantive change, affecting the Constitution
as a whole.
Constituent power v. Legislative power
1)
Constituent power is the power to
formulate a Constitution or to propose
amendments to or revisions of the Constitution
and to ratify such proposal. Legislative power is
the power to pass, repeal or amend or ordinary
laws or statutes (as opposed to organic law).
2)
Constituent power is exercised by
Congress
(by
special
constitutional
conferment), by a Constitutional Convention or
Commission, by the people through initiative
and referendum, and ultimately by sovereign
electorate, whereas legislative power is an
ordinary power of Congress and of the people,
also through initiative and referendum.
3)
The exercise of constituent power does
not need the approval of the Chief Executive,
whereas
the exercise
of legislative
power ordinarily needs the approval of the
Chief Executive, except when done by people
through initiative and referendum.

Sec. 14. DECISIONS

1. Decisions MUST state clearly and distinctly
the facts and the law on which it is based.
2. Refusal to give due course to petitions for
review and motions for reconsideration must
state the legal basis for such refusal.
3.
Memorandum
decisions,
where
the
appellate court adopts the findings of fact and
law of the lower court, are allowed as long as
the decision adopted by reference is attached
to the Memorandum for easy reference.
4. These rules only apply to courts. They do
not apply to quasi-judicial or administrative
bodies nor to military tribunals.

Three (3) steps necessary to give effect to

amendments and revisions:
1) Proposal of amendments or revisions by the
proper constituent assembly;
2) Submission of the proposed amendments or
revisions; and
3) Ratification
Proposal of amendments:
Amendments may be proposed by:
A. Congress, acting as a constituent
assembly, by a 3/4 vote of all its
members.

The power of Congress to propose

amendments is NOT part of its ordinary
legislative power.

The only reason Congress can exercise

such power is that the Constitution has
granted it such power.

ARTICLE
AMENDMENTS
REVISIONS

XVIIOR

B. Constitutional Convention:
1) How a Constitutional Convention may be
called
a). Congress may call a ConCon by a
2/3 vote of all its members; or
b). By a majority vote of all its
members, Congress may submit to the
electorate the question of whether to
call a ConCon or not.
2) Choice of which constituent assembly (either
Congress
or
ConCon)
should
initiate
amendments and revisions is left to the

Definitions:
1) Amendment: an alteration of one or a few
specific provisions of the Constitution. Its main
purpose is to improve specific provisions of the
Constitution. The changes brought about by
amendments will not affect the other
provisions of the Constitution.

20

discretion of Congress. In other words, it is a

political question.
3) BUT: The manner of calling a ConCon is
subject to judicial review, because the
Constitution
has
provided
for
vote
requirements.
4) If Congress, acting as a constituent
assembly, calls for a ConCon but does not
provide the details for the calling of such
ConCon, Congress exercising its ordinary
legislative power may supply such details.
But in so doing, Congress (as legislature)
should not transgress the resolution of
Congress acting as a constituent assemble.
5) Congress, as a constituent assembly and the
ConCon have no power to appropriate money
for their expenses. Money may be spent from
the treasury only to pursuant to an
appropriation made by law.

1)
Amendments
and
revisions
proposed by Congress and/or by a
ConCon:
a)
Valid when ratified by a MAJORITY of
votes cast in a plebiscite.
b)
Plebiscite is held not earlier than 60 days
nor later than 90 days from the approval of
such amendments or revisions.
2)
Amendments proposed by the
people via initiative:
a)
Valid when ratified by a MAJORITY of
votes cast in a plebiscite.
b)
Plebiscite is held not earlier than 60 days
nor later than 90 days after the certification by
COMELEC of the petitions sufficiency

C. Peoples Initiative
1) Petition to propose such amendments must
be signed be at least 12% of ALL registered
voters.
2) Every legislative district represented by at
least 3% of the registered voters therein.
3) Limitation:
It cannot be exercised oftener than once every
5 years.
Note:
1)
While the substance of the proposals
made by each type of constituent assembly is
not subject to judicial review, the manner the
proposals are made is subject to judicial review.
2)
Since these constituent assemblies owe
their existence to the Constitution, the courts
may determine whether the assembly has
acted in accordance with the Constitution.
3)
Examples of justiciable issues:
a)
Whether
a
proposal
was
approved by the required number of
votes in Congress (acting as a
constituent assembly).
b)
Whether the approved proposals
were properly submitted to the people
for ratification.
Proposal of Revisions
1)
By Congress, upon a vote of 3/4 of its
members
2)
By a constitutional convention
Ratification

21

3)

Requisites of a valid ratification:

a)
Held in a plebiscite conducted
under the election law;
b)
Supervised by the COMELEC; and
c)
Where only franchised voters
(registered) voters take part.

4)

Issues regarding ratification:

a)
The Constitution does not require
that amendments and revisions be
submitted to the people in a special
election. Thus, they may be submitted
for ratification simultaneously with a
general election.
b)
The determination of the
conditions under which proposed
amendments/revisions are submitted
to the people falls within the legislative
sphere. That Congress could have done
better does not make the steps taken
unconstitutional.
c)
All
the
proposed
amendments/revisions made by the
constituent
assemblies
must
be
submitted for ratification in one single
plebiscite. There cannot be a piecemeal
ratification
of
amendments/revisions.
d)
Presidential proclamation is NOT
required
for
effectivity
of
amendments/revisions, UNLESS the
proposed amendments/revisions so
provide.