Professional Documents
Culture Documents
Section 2. DISQUALIFICATIONS
Members cannot (ABSOLUTE PROHIBITION like the cabinet), during their tenure:
1) Hold any other office or employment;
---they cannot hold even temporary appointment
2) Engage in the practice of any profession;
3) Engage in the active management or control of any business, which, in any w
ay, may be affected by the functions of their office; and
--- they can be have active management or control of any business as long as not
those which affects the functions of their office.
4) Be financially interested, direct or indirect, in any contract, franchise, pr
ivilege granted by the government, any of its subdivisions, agencies, instrument
alities, including GOCC's and their subsidiaries.
4blue 95 notes: The Ombudsman and his deputies are subject to the same qualifica
tions
Composition:
1) Chairman, and
2) Commissioners (2).
Qualifications:
1) Natural-born citizens of the Philippines
2) At least 36 years old at the time of their appointment;
3) Either:
a). CPA s with at least 10 years auditing experience; or
b). Members of Phil. Bar with 10 years of practice.
4) Members cannot all belong to the same profession.
5) Subject to confirmation of the CA.
6) Must not have been candidates for any elective position in the elections imme
diately preceding their appointment.
Term:
1) Chairman -7 yrs; Commissioner1 -5yrs; Commissioner - 2 -3 yrs.
2) LIMITATION: - Single terms only; no re-appointment allowed
3) Appointments to any vacancy shall only be for the unexpired portion of predec
essor s term
Section 2. POWERS
1) Examine, audit, and settle accounts pertaining to:
A. Revenue and receipts of funds or property; or
B. Expenditures and uses of funds or property
Owned or held in trust by, or pertain to:
A. The Government;
B. Any of its subdivisions, agencies or instrumentalities;
C. Including GOCC s with original charters.
6) Prosecutors may still review accounts already settled and approved by COA for
the purpose of determining possible criminal liability. This is because COA s in
terest in such accounts is merely administrative.
7) COA has the power to determine the meaning of public bidding and what constitut
es failure when regulations require public bidding for the sale of government pr
operty.
Section 3. No law shall be passed exempting any entity of the Government or its
subsidiary in any guise whatever, or any investment of public funds, from the j
urisdiction of the Commission on Audit.
THE CIVIL SERVICE COMMISSION
Composition:
1) Chairman
2) Commissioners 2 commissioners
Qualifications:
1) Natural-born citizens of the Philippines;
2) At least 35 years old at the time of their appointments;
3) With proven capacity for public administration; and
4) NOT candidates for any elective position in the elections immediately precedi
ng their appointment.
5) Appointees by the President to the CSC need Commission on Appointments (CA) c
onfirmation
Term:
1) Chairman -7 years; Commissioner1 - 5 yrs; Commissioner2 - 3 yrs
2) Limitation: single term only, no reappointment
3) Appointment to vacancy: only for unexpired term of predecessor
4) No temporary appointments, or appointments in acting capacity.
Section 2. Scope:
The Civil Service embraces all:
A. branches,
B. subdivisions,
C. instrumentalities,
D. agencies of the government,
E. including GOCCs with original charters.
1."With Original Charter" means that the GOCC was created by special law/by Cong
ress
2. If incorporated under the Corporation Code, it does not fall within the Civil
Service, and is not subject to the CSC jurisdiction.
3. Even if once government-controlled, then becomes privatized, ceases to fall u
nder CSC.
4. Jurisdiction is determined as of the time of filing the complaint.
Appointments to civil service shall be:
A. Competitive positions
> According to merit and fitness to be determined by competitive examinations, a
s far as practicable except to positions which are policy-determining, primarily
confidential, or highly technical.
B. Non-competitive positions
1). No need for competitive examinations.
2). 3 kinds
a) Policy-determining -
formulate a method of action for the gov't
b) Primarily confidential - more than ordinary confidence; close intimacy insure
s freedom of intercourse without betrayals of personal trust.
c) Highly technical-requires technical skill to a superior degree.
C. The TEST to determine whether non/competitive is the Nature of the responsibi
lities, NOT the administrative or legislative description given to it.
D. Both types of positions are entitled to security of tenure. They only differ
in the MANNER in which they are filled.
E. Who may be appointed:
1). RULE: Whoever fulfills all the qualifications prescribed by law for a parti
cular position may be appointed therein.
2). The CSC cannot disapprove an appointment just because another person is bett
er qualified, as long as the appointee is himself qualified.
3). The CSC CANNOT add qualifications other than those provided by law.
F. Next-In-Rank Rule
While a person next in rank is entitled to preferential consideration, it does n
ot follow that only he, and no one else, can be appointed. Such person has no v
ested right to the position and the appointing authority is not bound to appoint
the person next in rank.
Tenure (Classification of Positions--below)
Security of Tenure:
1) Officers or employees of the Civil Service cannot be removed or suspended EXC
EPT for cause provided by law. It guarantees both procedural and substantive due
process.
2) For "LEGAL CAUSE" - Cause is:
a). related to and affects the administration of office, and
b). must be substantial (directly affects the rights & interests of the public)
3) Security of tenure for Non-competitive positions
a). Primarily confidential officers and employees hold office only for so long a
s confidence in them remains.
b). If there is GENUINE loss of confidence, there is no removal, but the expirat
ion of the term of office
c). Non-career service officers and employees do not enjoy security of tenure.
d). Political appointees in the foreign service possess tenure coterminous with
that of the appointing authority or subject to his pleasure.
1. Entrance
Career
Non-Career
Service
Service
based on merit and fitness to be determined as far as practicable by
2.competitive
1. Entrancelimited
Entitled
Tenure onexaminations
to bases
security
to:OTHER
ofortenure
than
based
usual
on tests
highlyoftechnical
merit andqualifications.
fitness.
a) Period specified by law,
b) Coterminous with the appointing authority or subject to his pleasure, or
c) Limited to the duration of a particular project for which purpose the employm
entWith
3. was opportunity
made. for advancement to higher career positions.
4) One must be VALIDLY APPOINTED to enjoy security of tenure. Thus, one who is n
ot appointed by the proper appointing authority does not acquire security of te
nure.
Abolition of Office
To be valid, abolition must be made:
(a) In good faith; (good faith is presumed)
(b) Not for political or personal reasons; and
(c) Not in violation of law.
Temporary employees are covered by the following rules:
1). Not protected by security of tenure - can be removed anytime even without ca
use
2). If they are separated, this is considered an expiration of his term.
3). BUT: They can only be removed by the one who appointed them.
4). Entitled only to such protection as may be provided by law.
No officer or employee in the Civil Service shall engage in any electioneering o
r in partisan political activity
1) Cannot solicit votes in favor of a particular candidate.
2) Cannot give campaign contributions or distribute campaign materials.
3) BUT: Allowed to express views on political issues, and to mention the names
of the candidates whom he supports.
4) Prohibition does not apply to department secretaries
Right to organize
The right to organize does NOT include the right to strike
(2005 notes: ability to strike is not essential to the right of association and
it is recognized by common law that state can prohibit strikes or work stoppages
by public employees)
Section 1. COMPOSITION/QUALIFICATIONS/TERM
Composition: (7)
1)Chairman and
2)Commissioners (6)
Qualifications:
1) Natural-born citizens of the Philippines;
2) At least 35 years old at the time of appointment
3) Holders of college degrees; and
4) Not candidates for any elective position in the immediately preceding electio
ns.
5) Majority of the Commission, including the Chairman must be:
a). Members of the Philippines Bar
b). Engaged in the practice of law for at least 10 years: any activity in or out
of court, which requires the application of law, legal procedure, knowledge, tra
ining and experience.
6) Appointments subject to CA approval
Term:
1) Chairman -7 yrs; 3 Members - 7 yrs; 2 Members - 5 yrs; 1 Member - 3 yrs.
2) LIMITATION: Single term only: no reappointment allowed
3) Appointment to a vacancy: only for unexpired portion of predecessor s term
4) No temporary appointments, or appointments in acting capacity
a).Thus, the President cannot designate an incumbent commissioner as acting Chai
rman.
b). The choice of temporary chairman falls under the COMELEC s discretion.
Section 2. POWERS AND FUNCTIONS
Powers:
1) Enforce and administer all laws and regulations relative to the conduct of an
election, plebiscite, initiative, referendum, and recall.
(a) Ex: COMELEC can enjoin construction of public works within 45 days of an ele
ction.
2) Exercise:
A. Exclusive original jurisdiction over all contests relating to the elections,
returns, and qualifications of all elective
1. Regional,
2. Provincial, and
3. City officials
B. Appellate jurisdiction over all contests involving:
1. Elective municipal officials decided by trial courts of general jurisdiction
2. Elective barangay officials decided by trial courts of limited jurisdiction.
C.Decisions, final orders, or rulings of the Commission on election contests inv
olving elective municipal and barangay offices shall be final, executory, and no
t appealable.Exception: Appealable to the SC on questions of law.
D.Contempt powers
1.COMELEC can exercise this power only in relation to its adjudicatory or quasi-
judicial functions. It CANNOT exercise this in connection with its purely execu
tive or ministerial functions.
2. If it is a pre-proclamation controversy, the COMELEC exercises quasi-judicial
/administrative powers.
3.Its jurisdiction over contests (after proclamation), is in exercise of its judic
ial functions.
E. The COMELEC may issue writs of certiorari, prohibition and mandamus in exerci
se of its appellate jurisdiction. This is not an inherent power.
3) Decide, except those involving the right to vote, all questions affecting ele
ctions, including determination of the number and location of polling places, ap
pointment of election officials and inspectors, and registration of voters.
Note: Questions involving the right to vote fall within the jurisdiction of the
ordinary courts.
4) Deputize, with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government, including the Armed Forces of the Philippi
nes, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and
credible elections.
a). This power is NOT limited to the election period.
b). Applies to both criminal and administrative cases.
5) Registration of political parties, organizations, or coalitions/accreditation
of citizens arms of the Commission on Elections.
a). The political parties etc. must present their platform or program of governm
ent.
b). There should be sufficient publication
c). Groups which cannot be registered:
i. Religious denominations/sects
ii. Groups which seek to achieve their goals through violence or unlawful means
iii. Groups which refuse to uphold and adhere to the Constitution
iv. Groups which are supported by any foreign government.
d). BUT: Political parties with religious affiliation or which derive their pri
nciples from religious beliefs are registerable.
e). Financial contributions from foreign governments and their agencies to polit
ical parties, organizations, coalitions, or candidates related to elections cons
titute interference in national affairs. If accepted, it is an additional groun
d for the cancellation of their registration with the Commission, in addition to
other penalties that may be prescribed by law.
Section 10. Bona fide candidates for any public office shall be free from any f
orm of harassment and discrimination.
> This section does not give candidates immunity from suit.
> Discrimination includes unequal treatment in the availment of media facilities
.
Section 11. FUNDING
How provided
1) Funds certified by the COMELEC as necessary to defray the expenses for holdin
g regular and special elections, plebiscites, initiative, referenda and recalls,
shall provided in the regular or special appropriations.
2) Funds should be certified by the COMELEC as necessary.
Release of funds
> Once approved, funds should be released automatically upon certification by th
e Chairman of COMELEC.
THE LEGISLATIVE DEPARTMENT
SEC. 1. The legislative power shall be vested in the Congress of the Philippine
s, 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.
Legislative power is the authority to make laws and to alter or repeal them.
Classification of legislative power:
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
The original legislative power of the people is exercised via initiative and ref
erendum. 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.
EXCEPTIONS:
1. Delegation of legislative power to local government units and to administrati
ve bodies
2. Instances when the Constitution itself allows for such delegation [see Art. V
I Sec. 23(2)]
2006 notes: Legislative bodies can pass to delegate rules with penal sanctions s
o long as (1)it is provided in the statute (2) statute must authorize promulgati
on of penal statutes (3) publish in official gazette or newspaper of general cir
culation.
HOUSE OF SENATE
Composition
24 senators who shall be elected at large by the qualified voters of the Philipp
ines, as may be provided by law.
Qualifications
1. Natural-born citizen;
4blue 95 notes: unlike in LGU, national positions like senate or congressman, it
doesn t matter whether you are dual allegiance or not so long as you are natural
born citizen. So therefore, no need to file for express renunciation of foreign
citizenship.
2. At least 35 years old on the day of election;
3. Able to read and write;
4blue 95 notes:there s no provision that you know how to speak Pilipino as long as
you know how to read or write (even if it is a foreign language).
4. A registered voter; and
5. Philippine resident for at least 2 years immediately preceding the day of the
election.
Note: The qualifications of both Senators and Members of the House are limited
to those provided by the Constitution. Congress cannot, by law, add or subtract
from these qualifications.
Term of Office:
6 years, commencing (unless otherwise provided by law) at noon, 30 June next fol
lowing their election.
Term Limitations:
1. No Senator shall serve for more than 2 consecutive terms.
2. Voluntary renunciation of office for any length of time shall not be consider
ed as an interruption in the continuity of his service for the full term for whi
ch he was elected.
Distinctions between Term and Tenure
1. Definition
a. Terms means the period during which the elected officer is legally authorized
to assume his office and exercise the powers thereof.
b. Tenure is the actual period during which such officer actually holds his posi
tion.
2. Limitation/Possible Reduction
a. Term CANNOT be reduced.
b. Tenure MAY, by law, be limited. Thus, a provision which considers an electiv
e office automatically vacated when the holder thereof files a certificate of ca
ndidacy for another elective office (except President and Vice-President) is val
id, as it only affects the officers tenure and NOT his constitutional term.
HOUSE OF REPRESENTATIVE
Composition:
1. Not more than 260 members, unless otherwise fixed by law; and
2. Party-list Representatives
Election of 260 members
1. They shall be elected from legislative districts apportioned among the provin
ces, cities and the Metropolitan Manila area.
2. Legislative districts are apportioned in accordance with the number of inhabi
tants of each area and on the basis of a uniform and progressive ratio.
a. Each district shall comprise, as far as practicable, contiguous, compact and
adjacent territory;
b. Each city with at least 250,000 inhabitants will be entitled to at least one
representative.
c. Each province will have at least one representative.
d. Legislative districts shall be re-apportioned by Congress within 3 years afte
r the return of each census. According to 4blue 95, however, while the apportio
nment of districts is NOT a political question, the judiciary CANNOT compel Cong
ress to do this.
e. The standards used to determine the apportionment of legislative districts is
meant to prevent gerrymandering , which is the formation of a legislative district
out of separate territories so as to favor a particular candidate or party.
Qualifications
1. Natural born citizen of the Philippines;
2. At least 25 years old on the day of the election;
3. Able to read and write;
4. Registered voter in the district he seeks to represent; and
5. A resident of such district for at least one year immediately preceding the d
ay of the election.
4blue 95: if a new district is created, he still have to satisfy the 1 year resi
dency requirement since the new political district is carved out of an existing
geographic area (Aquino v COMELEC)
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 f
ollowing their election.
2. Voluntary renunciation of office for any length of time shall not be consider
ed as an interruption in the continuity of his service for the full term for whi
ch he was elected.
Term Limitations
No member of the House of Representatives shall serve for more than three (3) co
nsecutive terms.
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 in
terests.
They shall notify the House concerned of a potential conflict of interest that m
ay arise from the filing of a proposed legislation of which they are authors.
2006 notes: if you re a lawyer, you can still practice your profession but you can
not appear as counsel in judicial or quas0i-judicial courts.
2006 notes: with regard loans, prohibition to enter into contracts only applies
if such loan is pecuniary or for business but if it is for housing, then its ok
to get a loan.
WHENSenator/Member
DISQUALIFICATION
1. APPLICABLE of the House cannot hold any other office or employment in the
Government or any subdivision, agency or Instrumentality thereof, including
During
2.
IF
GOCCS
Legislators
the or their
his
office
term.
was
cannot
subsidiaries.
If hebedoes
created appointed
or the
so, emoluments
hetoforfeits
any office.
thereof
his seat.
increased during the term fo
r which he was elected.
3. Legislators cannot personally appear as counsel before any court of justice,
electoral
During
4. Legislators
histribunal,
termcannot
of office.
quasi-judicial
be financiallyandinterested
administrative
directly or
bodies.
indirectly in any co
ntract with or in any franchise, or special privilege granted by the Government,
or any subdivision, agency or instrumentality thereof, including any GOCC or it
sDuring
5. subsidiary.
Legislators
his termcannot
of office.
intervene in any matter before any office of the governmen
t.
1.SIMPLE
This is the majority of those present (only!) provided there is a quorum, which
means if present is 12, so 7 is already deemed as majority.
This is used when congress passed ordinary laws and to all acts of congress.
2.ABSOLUTE
Majority of all members (so senate ,its 13 since total is 24 senators)
Absolute majority is used whenever its
breaking tie between President-elect ,
revocation of marital declarations or suspension of writ,
election of speaker or senate president,
granting tax exemptions and
submitting to people whether to call constitutional
convention or not.
3.2/3 MAJORITY
Used during :
Declaration of war
Suspension/expulsion of member
Over riding a presidential veto
Calling a constitutional convention.
4.3/4 MAJORITY
Used when proposing an amendment of the constitution when congress acts as const
ituent body.
2006 NOTES: IN IMPEACHMENT ,IT CALLS FOR A DIFFERENT KIND OF MAJORITY.
OFFICERS:
1.) Senate President;
2.) Speaker of the House; and
3.) Each House may choose such other officers as it may deem necessary.
Election of Officers :By a majority vote of all respective members(what is major
ity/minority? We don t care, its an internal matter so don t go to court to resolve
it)
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, unde
r the principle of separation of powers, the courts cannot intervene in the impl
ementation of these rules insofar as they affect the members of Congress.
3. Also, since Congress has the power to make these rules, it also has the power
to ignore them when circumstances so require.
2006 notes: internal rules can be disregarded except if such is the rule mandate
d by constitution or that the rights of 3rd persons are affected.
Discipline:
1.) Suspension
a. Concurrence of 2/3 of ALL its members and
b. Shall not exceed 60 days.
2.) Expulsion
a. Concurrence of 2/3 of ALL its members.
4blue 95 says that discipline of members is not subject to review except when th
ere is a showing of grave abuse of discretion.
If disorderly behaviour, SC will not interfere (due to separation of powers), an
g house na ang bahala magdiscipline.
In fact,house can impose a lesser penalty.
CONGRESSIONAL JOURNALS AND RECORDS:
1.Record this is the word for word transcript of deliberations.
3.Enrolled Bill- it is passed by both houses.An enrolled bill prevails over the
contents of the Journal.
An enrolled bill is the official copy of approved legislation and bears the cert
ifications of the presiding officers of each House. Thus where the certificatio
ns are valid and are not withdrawn, the contents of the enrolled bill are conclu
sive upon the courts as regards the provision of that particular bill.
Enrolled Bill doctrine states that enrolled bill is conclusive as to substance (
contents) and to the procedure for its enactment. Except when it pertains to the
following:
a.withdrawl of signature
b.matters which are required to be entered in journal involving the yeahs and na
yes (so dapat isali ang yeahs and nayes kung hindi, then journal is not conclusi
ve.
Adjournments:
1.) Neither House can adjourn for more than 3 days during the time Congress is i
n session without the consent of the other House.
2.) Neither can they adjourn to any other place than that where the two houses a
re sitting, without the consent of the other.
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 submi
ssion to Congress.
3.) The Commission shall rule by a majority vote of all the Members.
Jurisdiction
1.) CA shall confirm the appointments by the President with respect to the follo
wing positions:
a. Heads of the Executive Departments (except if it is the Vice-President who is
appointed to the post).
b. Ambassadors, other public ministers or consuls.
c. Officers of the AFP from the rank of Colonel or Naval Captain: and
d. Other officers whose appointments are vested in him by the Constitution (e.g.
COMELEC members).
2.) Congress CANNOT by law prescribe that the appointment of a person to an offi
ce created by such law shall be subject to confirmation by the CA.
3.) Appointments extended by the President to the above-mentioned positions whil
e Congress is not in session shall only be effective until disapproval by the CA
or until the next adjournment of Congress.
Meetings of the CA
1.) CA meets only while Congress is in session.
2006 notes:as such, it will not convene, if congress is not in session.
2.) Meetings are held either at the call of the Chairman or a majority of all it
s members.
3.) Since the CA is also an independent constitutional body, its rules of proced
ure are also outside the scope of congressional powers as well as that of the ju
diciary.
2006 Note: The ET and the CA shall be constituted within 30 days after the Sena
te and the House of Representative shall have been organized with the election o
f the President and the Speaker.
2006 notes: rainbow coalition will not alter the composition.
LEGISLATIVE INQUIRIES
2006 notes: if summon by Congress under sec 21, cabinet members cannot refuse to
appear and can be held in contempt.
The continuance of such incarceration only subsists for the lifetime, or term, o
f such body. Once the body ceases to exist after its final adjournment, the pow
er 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, w
ith its staggered terms, is a continuing body.
BUT, in order for a witness to be subject to this incarceration, the primary req
uirement is that the inquiry is within the scope of Congress powers. i.e. it is i
n aid of legislation.
2006 notes: However, cabinet members and officials lower in rank can refuse to a
ppear on the ground of executive privilege.
2006 notes:Executive privilege covers all confidential or classified information
between the President and the public officers covered by EO 464, including :
(i.) Conversations and correspondence between the President and the public offic
ial covered by this executive order
(ii.) Military, diplomatic and other national security matters which in the inte
rest of national security should not be divulged
(iii.) Information between inter-government agencies prior to the conclusion of
treaties and executive agreements
(iv.) Discussion in close-door Cabinet meetings
(v.) Matters affecting national security and public order
2006 notes: Garcillano cannot invoke executive privilege since he is not a membe
r of the executive, he is a COMELEC commissioner.
2006 notes: President and the SC Justices are not compelled to appear.
2006 notes: The power to punish for contempt is inherent in Congress and this po
wer is sui generis. It cannot be exercised by local government units unless the
y are expressly authorized to do so.
B. QUESTION HOUR (SEC 22)
The purpose of question hour is to enlighten congress in implementation of a law
.
4blue 95 notes: As such ,cabinet members may appear or are also free to refuse t
o appear except if President force them to appear since they are the President s a
lter ego(as such, based on EO 464, the executive officials should secure the co
nsent of the President prior to appearing before either House of Congress.)
Appearance by department heads before Congress:
1. Since members of the executive department are co-equals with those of the leg
islative department, under the principle of separations of powers, department he
ads cannot be compelled to appear before Congress. Neither may the department h
eads impose their appearance upon Congress.
2. Department heads may appear before Congress in the following instances:
a. Upon their own initiative, with the consent of the President (and that of the
House concerned); or
b. Upon the request of either House (which cannot compel them to attend)
3. The appearance will be conducted in EXECUTIVE SESSION when:
a. Required by the security of state or required by public interest; and
b. When the President so states in writing
The following are the officials under executive privilege in aid of legislation
(but not in question hour):
(i.) Senior officials of executive departments who in the judgment of the depart
ment heads are covered by the executive privilege;
(ii.) Generals and flag officers of the Armed Forces of the Philippines and such
other officers who in the judgment of the Chief of Staff are covered by the exe
cutive privilege;
(iii.) Philippine National Police (PNP) officers with rank of chief superintende
nt orhigher and such other officers who in the judgment of the Chief of the PNP
are covered by the executive privilege;
(iv.) Senior national security officials who in the judgment of the National Sec
urityAdviser are covered by the executive privilege; and
(v.) Such other officers as may be determined by the President.
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, author
ize the President to exercise powers necessary and proper to carry out a declare
d national policy.
2. Limitations:
a. Powers will be exercised for a limited period only; and
b. Powers will be subject to restrictions prescribed by Congress
3. Expiration of emergency powers
a. By resolution of Congress or
b. Upon the next adjournment of Congress
2006 notes: President has power to declare emergency but no power to exercise si
nce such is lodged with the congress.
LEGISLATION
A.BILLS THAT MUST ORIGINATE FROM THE HOUSE OF REPRESENTATIVES
1. Appropriation bills
The primary and specific aim of an appropriation bill is to appropriate a sum of
money from the public treasury.Thus, a bill enacting the budget is an appropria
tions bill.
It can be general (like the annual budget) or special (like for a certain purpos
e like for victims of Mt.Pinatubo)
BUT: A bill creating a new office, and appropriating funds therefor is NOT an a
ppropriation bill (therefore ,it may originate from senate).
Limitations:
a. (BAR)Congress cannot increase(an item or the total buget) 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 sp
ecifically to some particular appropriation therein and any such provision or en
actment must be limited in its operation to the appropriation to which it relate
s (so if it has nothing to do with that provision ,aka riders, then it must not
be included Doctrine of Inappropriate Provision).
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 intend
ed and must be supported by funds actually available as certified by the Nationa
l Treasurer or to be raised by a corresponding revenue proposal therein.
e. Transfer of appropriations (BAR):
i. Rule: No law shall be passed authorizing any transfer of appropriations
ii. BUT the following may, BY LAW, be authorized to AUGMENT any item in the gene
ral appropriations law for their respective offices from savings (so dapat may s
avings) in other items of their respective appropriations (things mentioned in e
.ii must be satisfied)
- President
- President of the Senate
- Speaker of the House of Representatives
- Chief of Justice of the Supreme Court
- Heads of the Constitutional Commissions
2006 notes: which means, President can juggle funds only within the executive o
r senate President may juggle funds only within senate.
f. Discretionary funds appropriated for particular officials shall be:
i. Disbursed only for public purposes;
ii. Should be supported by appropriate vouchers; and
iii. Subject to guidelines as may be prescribed by law.
2. Revenue bills
A revenue bill is one specifically designed to raise money or revenue through im
position or levy.
Thus, a bill introducing a new tax is a revenue bill, but a provision in, for in
stance, the Videogram Regulatory Board law imposing a tax on video rentals does
not make the law a revenue bill.
3. Tariff bills
6. Private bills
Every bill shall embrace only one (1) subject, as expressed in the title thereof
1.As a mandatory requirement
2.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.
3.A bill which repeals legislation regarding the subject matter need not state i
n the title that it is repealing the latter. Thus, a repealing clause in the bi
ll is considered germane to the subject matter of the bill.
Readings
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 there
of in its final form shall be distributed to its Members three (3) days before i
ts passage.
Exception: If a bill is certified as urgent by the President as to the necessit
y of its immediate enactment to meet a public calamity or emergency, the 3 readi
ngs can be held on the same day.
2006 notes: as such , there still 3 readings ,but it need not be conducted in 3
separate days.
2006 notes: if bills are certified to be urgent, then the courts cannot challeng
e it.
First reading only the title is read; the bill is passed to the proper committee
Second reading Entire text is read and debates are held, and amendments introduc
ed.
Third reading only the title is read, no amendments/debates are allowed. Vote s
hall be taken immediately thereafter and the yeas and nays entered in the journa
l.
2006 notes: if house and senate don t agree, then it shall be sent to conference c
ommittee which it will review the versions of the bill and it can also amend and
add its own version.
What is an item?
TYPE OF BILL ITEM
1. Revenue/tax bill Subject of the tax and the tax rate imposed thereon (mea
ning if its establishments, then ,it is the buildings or the hotel)
2. Appropriations bill Indivisible sum of money dedicated to a stated purpose
2. If the President does not approve of the bill, he shall veto the same and ret
urn it with his objections to the House from which it originated. The House sha
ll 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 d
ate 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.
Pocket Veto occurs when the President fails to return the bill after congression
al adjournment then it is as if he vetoed it. (however, this is not applicable i
n Phils, coz here, inaction of the President means that the bill will become a
law)
5. To OVERRIDE the veto, at least 2/3 of ALL the members of each House must agre
e to pass the bill. In such case, the veto is overridden and becomes a law wit
hout need of presidential approval.
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 exi
sts for the general welfare
5) The due process and equal protection clauses of the Constitution should be ob
served.
c) BUT the government is not prohibited from appropriating money for a valid sec
ular purpose, even if it incidentally benefits a religion, e.g. appropriations f
or 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, a
s long as the property is available for all religions
Special Funds
a) Money collected on a tax levied for a special purpose shall be treated as a s
pecial fund and paid out for such purpose only.
b) Once the special purpose is fulfilled or abandoned, any balance shall be tran
sferred to the general funds of the Government
Section 2. QUALIFICATIONS
1) Natural-born citizen of the Philippines
2) Registered voter;
3) Able to read and write;
4) At least 40 years old on the day of election
5) Philippine resident for at least 10 years immediately preceding such election
.
Note: The Vice-President has the same qualifications & term of office as the Pr
esident. He is elected with & in the same manner as the President. He may be r
emoved from office in the same manner as the President.
2) Vice-President:
a) 6 years, starting and ending the same time as the President.
b) Term limitation: 2 successive terms.
c) Voluntary renunciation of the office for any length of time is NOT an interru
ption in the continuity of service for the full term for which the Vice-Presiden
t was elected.
2006 notes:Vice-President is not immune from suits
2006 notes:VP becomes President whenever:
a.president elect fails to qualify
b.president shall not have been chosen
c.when at the beginning of the term, the President dies or becomes permanently d
isabled (by Pres written declaration ,or by majority of cabinet by written decla
ration or in case of disagreement by latter then by Congress by 2/3 vote)
d.when President is removed
e.when President resigns either in oral,written, express or implied
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 Vice-
President.
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 othe
r source during their TENURE
Presidential Succession
VP-elect will befails
President-elect
SUCCESSOR
VACANCY ActingtoPresident
qualify oruntil
to besomeone
chosenis qualified/chosen as President
.President-elect
VP
Both
becomes
President
President.
and
diesVP-elect
or is permanently
are not chosen
disabled.
or do not qualify or both die, or bot
h become
1. Senatepermanently
President ordisabled.
2. In case of his inability, the Speaker of the House shall act as President unt
il a President or a VP shall have been chosen and qualified.
In case of death or disability of (1) and (2), Congress shall determine, by law,
who will be the acting President.
Vacancies after the office is initially filled:
Both President
President
SUCCESSOR
VACANCY
Vice-President
dies,and
becomes
is Vice-President
permanently
Presidentdisabled,
for
die,thebecome
is impeached,
unexpired
permanently
term.or disabled,
resigns. are impeache
d, Senate
1. or resign.
President or
2. In case of his inability, the Speaker of the House shall act as President unt
il the President or VP shall have been elected and qualified.
Vacancy in office of Vice-President during the term for which he was elected:
a) President will nominate new VP from any member of either House of Congress.
b) Nominee shall assume office upon confirmation by majority vote of ALL members
of both Houses, voting separately. (Nominee forfeits seat in Congress)
Election of President and Vice-President after vacancy during tem
a) Congress shall convene 3 days after the vacancy in the office of both the Pre
sident and the VP, without need of a call. The convening of Congress cannot be
suspended.
b) Within 7 days after convening, Congress shall enact a law calling for a speci
al election to elect a President and a VP. The special election cannot be postp
oned.
c) The special election shall be held not earlier than 45 days not later than 60
days from the time of the enactment of the law.
d) The 3 readings for the special law need not be held on separate days.
e) The law shall be deemed enacted upon its approval on third reading.
BUT: No special election shall be called if the vacancy occurs within 18 months
before the date of the next presidential election.
Temporary disability of the President:
The temporary inability of the President to discharge his duties may be raised i
n either of two ways:
a) By the President himself, when he sends a written declaration to the Senate P
resident and the Speaker of the House. In this case, the Vice-President will be
Acting President until the President transmits a written declaration to the con
trary.
b) When a majority of the Cabinet members transmit to the Senate President and t
he Speaker their written declaration.
(i) The VP will immediately be Acting President.
(ii) BUT: If the President transmits a written declaration that he is not disab
led, he reassumes his position
(iii) If within 5 days after the President re-assumes his position, the majority
of the Cabinet retransmits their written declaration, Congress shall decide the
issue. In this event, Congress shall reconvene within 48 hours if it is not in
session, without need of a call.
(iv) Within 10 days after Congress is required to assemble, or 12 days if Congre
ss is not in session, a 2/3 majority of both Houses, voting separately, is neede
d to find the President temporarily disabled, in which case, the VP will be Acti
ng President.
Presidential Illness:
a) If the President is seriously ill, the public must be informed thereof.
b) Even during such illness, the National Security Adviser, the Secretary of For
eign Affairs, and the Chief of Staff of the AFP are entitled to access to the Pr
esident
DISQUALIFICATIONS
SOURCE OF DISQUALIFICATION
SUBJECT
President, Vice-President, Cabinet Members, Deputies or Assistants of Cabinet Me
Prohibited from:
mbers
1. Holding any office or employment during their tenure, UNLESS:
a. otherwise provided in the Constitution (e.g. VP can be appointed a Cabinet M
ember, Sec. of Justice sits on Judicial and Bar Council); or
b. the positions are ex-officio and they do not receive any salary or other emol
uments therefor (e.g. Sec. of Finance is head of Monetary Board).
2. Practicing, directly or indirectly, any other profession during their tenure;
2006 notes: so kung lawyer ka, di mo malpractice ang profession mo unlike in leg
islative na pwede.
3. Participating in any business;
4. Being financially interested in any contract with, or in any franchise, or sp
ecial privilege granted by the government or any subdivision, agency or instrume
ntality thereof, including GOCC's or their subsidiaries.
N.B. The rule on disqualifications for the President and his Cabinet are strict
er than the normal rules applicable to appointive and elective officers under Ar
t. IX-B,beand
Spouses
Cannot Sec.
appointed
4th7.degree
during
relatives
President
of the
s tenure
President
as: (consanguinity or affinity)
1. Members of the Constitutional Commissions;
2. Office of the Ombudsman;
3. Department Secretaries;
4. Department under-secretaries;
5. Chairman or heads of bureaus or offices including GOCC s and their subsidiaries
.
N.B.
a. If the spouse, etc., was already in any of the above offices at the time befo
re his/her spouse became President, he/she may continue in office. What is proh
ibited is appointment and reappointment, NOT continuation in office.
b. Spouses, etc., can be appointed to the judiciary and as ambassadors and consu
ls.
ALLOWED OFFICES BY CONSTITUTION ARE:
1.vice president as member of cabinet
2.secretary of justice as member of judicial and bar council as ex officio
3.can hold other offices in ex officio capacity
-- which means it should be
(1) in accordance with law
(2) without additional compensation
(3) related to main function.
4blue 95 says that even if they hold another office in ex-officio capacity, stil
l they have no additional compensation (which includes per diems ,honorarium, al
lowance or some other euphemism)
2006 notes: even if the staff is the one who goes to the meeting of the officer
in representative capacity of latter, still the staff cannot be entitled to comp
ensation.
Procedure of Appointment:
1) CA confirmation needed:
a) Nomination by President
b) Confirmation by CA
c) Appointment by President; and
d) Acceptance by appointee.
Note: At any time before all four steps have been complied with, the President
can withdraw the nomination/appointment.
2) No CA confirmation:
a) Appointment; and
b) Acceptance.
4blue 95 Note: Once appointee accepts, President can no longer withdraw the app
ointment.
POWER TO APPOINT (SEC 14-16)
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 quali
fications for particular offices, the determination of who among those who are q
ualified will be appointed is the President s prerogative (as such, like in case o
f Gordon, Congress cannot make office and make a qualification that only the may
or is the only person qualified since it encroach already on the prerogative of
the President to determine who is qualified)
2006 notes: if local official is the one appointing, then apply the Local Govern
ment Code to determine the validity of appointment (but the local official appoi
nting cannot hold any other position)
2006 notes:if President, apply this constitutional prohibition in the power to a
ppoint.
2006 notes:if it is all other appointments, then apply the civil service law.
Scope:
The President shall appoint the following:
1) Heads (only the head!) 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 con
firmation 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.
* 4blue 95 notes: President also appoints members of the Supreme Court and judge
s of the lower courts, but these appointments do not need CA confirmation.
* 2006 notes:congress and the president cannot add to the list of officers which
needed CA confirmantion.
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, who
se appointments are provided for by law NOT by the Constitution.
b) Congress may, by law, vest the appointment of other officers lower in rank in
the President alone or in the courts, or in the heads of departments, agencies,
boards or commissions.
c) BUT: Congress cannot, by law, require CA confirmation of the appointment of
other officers for offices created subsequent to the 1987 Constitution (e.g. NLR
C 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 jur
isdiction. The President cannot extend the scope of the CA s power as provided fo
r in the Constitution.
TYPES OF APPOINTMENT
1.Appointments by an Acting President:
These shall remain effective UNLESS revoked by the elected President within 90 d
ays from his assumption or re-assumption of office.
Limitation
2 months immediately before the next Presidential elections, and up to the end o
f his term, the President or Acting President SHALL NOT make appointments. This
is to prevent the practice of midnight appointments.
EXCEPTION:
a) Can make TEMPORARY APPOINTMENTS
b) To fill EXECUTIVE POSITIONS;
c) If continued vacancies therein will prejudice public service or endanger publ
ic safety.
2.Midnight appointments
Not applicable to local officials, it is only the President who can exercise it
to fill up positions in the Executive.
3.Regular appointments
4.Ad-interim appointments
When Congress is in recess, the President may still appoint officers to position
s subject to CA confirmation.
These appointments are effective immediately, but are only effective until they
are disapproved by the CA or until the next adjournment of Congress.
Applies only if position requires confirmation, and that such position is deemed
not temporary but permanent.
2006 notes:In ad-interim, even if appointment is confirmed later by CA, still th
e appointment is immediately active on date of appointment (not on date of confi
rmation by CA) unlike in regular appointment whereby the date of confirmation i
s also the date of effectivity of the appointment.
2006 notes: senators and congressmen, once accepted the ad-interim appointment,
they forfeit their seat but if they accept regular appointment, they do not auto
matically forfeit their seat since they still have to wait for the approval or c
onfirmation of the Commission on Appointments (CA)
1. Grounds
a. Invasion or
b. Rebellion; and
c. Public safety requires it.
2. The invasion or rebellion must be ACTUAL and not merely imminent.
3. Limitations on declaring Martial law:
a. Suspension or proclamation is effective for only 60 days.
b. Within 48 hours from the declaration or suspension, the President must submit
a report to Congress.
c. Congress, by majority vote and voting jointly, may revoke the same, and the P
resident cannot set aside the revocation.
d. In the same manner, at the President s initiative, Congress can extend the same
for a period determined by Congress if:
i. Invasion or rebellion persist and
ii. Public safety requires it.
iv. Automatically suspend the privilege of the writ. As such ,the suspension of
the writ :
iApplies ONLY to persons judicially charged for rebellion or offenses inherent i
n or directly connected with invasion.
ii.Anyone arrested or detained during suspension must be charged within 3 days.
Otherwise he should be released.
4blue 95 Note: While the suspension of the privilege of writ and the proclamati
on 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 President s judgment and discretion.
2.These may only be granted AFTER conviction by final judgment (and not before).
3.ALSO: The power to grant clemency includes cases involving administrative/crim
inal/ tax penalties .
4.Where a conditional pardon is granted, the determination of whether it has bee
n violated rests with the President.
Pardon :
Cannot be granted:
a.Before conviction
b.In cases of impeachment (Erap can be pardon coz he s charge with plunder)
c.For violations of election laws, rules, and regulation without the favorable r
ecommendation of the COMELEC (it is COMELE who recommends and not the board of p
ardon and parole)
d.In cases of civil or legislative contempt
As to effect:
a.Does not absolve civil liabilities for an offense.
b.Does not restore public offices already forfeited, although eligibility for th
e same may be restored (except when such official is declared to be innocent)
Amnesty:
An act of grace concurred in by Congress, usually extended to groups of persons
who commit political offenses, which puts into oblivion the offense itself. (as
such, its congress who will recommend and not the National Amnesty council).
President alone CANNOT grant amnesty. Amnesty needs concurrence by a majority o
f all the members of Congress
When a person applies for amnesty, he must admit his guilt of the offense which
is subject to such amnesty. If his application is denied, he can be convicted b
ased on this admission of guilt.
Only
PARDON
AMNESTY
Addressed
Granted
Need
Must
Requires
ANo
Private
Extinguishes
public
need
notact
be
penalties
toact.
accepted
for
betoINDIVIDUALS
concurrence
aof
accepted
Congressional
POLITICAL
ORDINARY
CLASS
the
Subject
President.
are
offense
ofofto
extinguished.
offenses
persons
offenses
majority
judicial
itself
concurrence
It mustofbe
notice
all
proved.
members of Congress
May or may not restore political rights. Absolute pardon restores. Conditional d
oes not.
Civilbegranted
May
Only indemnity
grantedafterbefore
is conviction
notorextinguished.
afterbyconviction
final judgement
LOCAL GOVERNMENT
SEC. 3. Congress shall enact a local government code which shall provide for a m
ore responsive and accountable local government structure instituted through a s
ystem of decentralization with effective mechanisms of recall, initiative, and r
eferendum, allocate among the different local government units their powers, res
ponsibilities, and resources, and provide for the qualifications, election, appo
intment and removal, term, salaries, powers and functions and duties of local of
ficials, and all other matters relating to the organization and operation of the
local units.
Section 4. PRESIDENTIAL SUPERVISION OF LGUS
Supervision of President
1) The President exercises general supervision over all LGUs
2) The President exercises DIRECT supervision over
A. Provinces
B. Autonomous regions and
C. Independent cities.
3) This power is limited to ensuring that lower officers exercise their function
s in accordance with law.
4) The president cannot substitute his judgment for that of an LGU official unle
ss the latter is acting contrary to law.
5) The President may, however, impose administrative sanctions against LGU offic
ials, such as suspension for 120 days, and may even remove them from their posts
, in accordance with law.
6) Provinces exercise direct supervision over component cities and municipalitie
s.
7) Cities and municipalities exercise direct supervision over component barangay
s.
Section 5. EACH LOCAL GOVERNMENT SHALL HAVE THE POWER TO CREATE OWN SOURCES OF
REVENUE/LEVY TAXES, FEES AND CHARGES ETC.
Limitations on Power
1) It is subject to such guidelines and limitations as Congress may provide. Se
e Local Government Code for examples.
2) The guidelines set by Congress should be consistent with the basic policy of
local autonomy.
Accrual of taxes, fees, charges
The taxes, fees and charges shall accrue exclusively to the local governments.
Section 6. LGUs SHALL HAVE A JUST SHARE IN NATIONAL TAXES, AS DETERMINED BY LAW,
WHICH SHALL BE AUTOMATICALLY RELEASED TO THEM
Internal Revenue Allotment (IRA)
1) Share of LGUs in national taxes is limited to the internal revenue taxes.
2) The share of each LGU should be released, without need of any further action,
directly to the provincial, city, municipal or barangay treasurer. Release is
made on a quarterly basis within 5 days after the end of each quarter.
3) The share of each LGU should not be subject to any lien or holdback that may
be imposed by the national government for whatever purpose.
4) Each LGU should appropriate in its annual budget at least 20% of its annual I
RA for development projects.
5) Adjustments in IRA
A. Ground: Unmanageable public section deficit
B. President can make the necessary adjustments in the IRA upon the recommendati
on of the following:
1. Department of Finance Secretary
2. DILG Secretary
3. DBM Secretary
6) IRA considered for purposes of conversion from one political subdivision to t
he next. (Alvarez v. Guingona)
Section 7. SHARE OF LGUS IN NATIONAL WEALTH
Share of LGUs in national wealth
1) LGUs are entitled to an equitable share in the proceeds of the utilization an
d development of the national wealth within their respective areas in the manner
provided by law.
2) This includes share the same with the inhabitants by way of direct benefits.
Under the LGC
LGUs have a share of 40% of the gross collection derived by the national governm
ent from the preceding fiscal year from
A. Mining taxes
B. Royalties
C. Forestry and fishery charges
D. Other taxes, fees and charges
E. Share in any co-production, joint venture or production sharing agreement in
the utilization and development of the national wealth w/in their territorial ju
risdiction
b. To determine whether or not there has been a grave abuse of discretion amount
ing to lack or excess of jurisdiction on the part of any branch or instrumentali
ty of the government (EXTRAORDINARY Jurisdiction).
4blue 95 notes: courts can determine questions of legality with respect to gover
nmental action, they cannot review government policy and the wisdom thereof, for
these questions have been vested by the Constitution in the Executive and Legis
lative Departments.
Sec 1(b) focuses on political questions or those of beneficial convenience or is
sues not justifiable since it refers to wisdom so its better than congress would
resolve it rather than the courts.
1.A political question is one the resolution of which has been vested by the Const
itution exclusively in either the people, in the exercise of their sovereign cap
acity (either through initiative or referendum)--- COURTS CANNOT REVIEW,
2.or in which full discretionary authority has been delegated to a co-equal bran
ch of the Government like the executive or legislative (example is the power of
pardon exercised only by the president)--- COURT MAY REVIEW IF THERE IS ABUSE OF
DISCRETION.
3. Temporarily assign lower court judges to other stations in the public intere
st.
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.
Limitations on Rule Making Power
a. It should provide a simplified and inexpensive procedure for the speedy dispo
sition 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 Civ
il Service Law.
7. Exercise administrative supervision over ALL courts and the personnel thereof
.
JUDICIAL REVIEW
Judicial Review is the power of the SC to declare a law, treaty, ordinance etc.
unconstitutional.
Lower courts may also exercise the power of judicial review, subject to the appe
llate jurisdiction of the SC.
Only SC decisions are precedent, and thus, only SC decisions are binding on all.
2006 notes: In Miraso v CA ,the SC said that the Constitution not only vest in S
C the power of judicial review but also in Regional Trial Courts
Functions:Checking
Legitimating
Symbolic
Requisites:
1. An ACTUAL CASE calling for the exercise of judicial power
It must not be Moot and Academi
as such in, Guingona v. CA, since witness Roque had already been admitted into t
he witness protection program and had actually fininshed testifying ,the petitio
n contesting that Roque s opinion could only be made only if his testimony is subs
tantial had become moot and academic
A request for advisory opinion is not an actual case or controversy but an actio
n for declaratory relief is proper for judicial determination and that where an
action of Legislature is alleged to have infringed the Constitution, it becomes
not only the right but duty of SC to settle the dispute
2.The question involved must be RIPE FOR ADJUDICATION, i.e. the government act m
ust have had an adverse effect on the person challenging it.
5.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.
Legal Standing- a personal and substantial interest in the case such that the pa
rty has sustained or will sustain direct injury as a result of the government ac
t.
2006 notes: interest means a material interest affected by the decree. Like IBP
since it is for practice of law profession so it has no standing to question iss
ues regarding military.
Petitioners Sanlakas and Partido are juridical persons and are not subject to ar
rest and even if they are people s organization still they have no personality or st
anding. (Sanlakas v Exec)
Neither do SJS officers in their capacity as taxpayers ,citizens since the dispu
te has no actual or imminent violation of their rights,as such the courts will n
ot touch an issue involving the validity of a law unless there has been a govern
mental act accomplished or performed that has a direct adverse effect on the leg
al right of the person contesting its legality.
2006 notes: A party s standing in court is a procedural technicality which may be
set aside by the court in view of the importance of the issues involved.
The following has standing or proper parties.:
1.any citizen- question martial law or habeas corpus
2.concerned citizen-question of transcendental importance (important to life of
nation) so it allows suits even to people with no standing.
3.voters-with regard validity of election laws (except telebap case)
4.taxpayer-proper party to question the validity of a law appropriating public f
unds for government projects.(Sanidad v Comelec) However, if it is a private fu
nd of private company, then ,taxpayer cannot question it.
5.legislator-act which infringes on his prerogative as legislator
6.environmental- even minors can sue if issue is with regard environment.
7.and the Government of the Philippines is a proper party to question the validi
ty of its own laws since more than any one, it should be concerned with the cons
titutionality of its own acts (Pp v Vera)
Effect of a declaration of unconstitutionality:
1. Prior to the declaration that a particular law is unconstitutional, it is co
nsidered 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 decl
ared unconstitutional.
3. These rights are not prejudiced by the subsequent declaration that the law is
unconstitutional.
Orthodox view: unconstitutional act is not a law,it confers no right, no duty he
nce inoperative as if it had not been passed at all.
Modern view (FOLLOWED IN RP): courts simply refused to recognize rights of parti
es as if statute had no existence, however ,certain legal effects of the statute
prior to its declaration of unconstitutionality may be recognized
Partial Unconstitutionality Requisites:
1.Legislature must be willing to retain valid portion usually shown by the prese
nce of a separability clause in law
2.Valid portion can stand independently as law
ACCOUNTABILITY OF PUBLIC OFFICERS
Under the 1987 Constitution, the existing Tanodbayan became the Office of the Sp
ecial Prosecutor
Powers
a. It will continue to function and exercise its powers as now or hereafter may
be provided by law
b. Exception: Powers conferred on the Office of the Ombudsman
The Office of the Special Prosecutor is subordinate to and acts under the orders
of the Ombudsman
Note: the SC was wrong because the ConCom intended that the SP was to prosecute
anti-graft cases.
When submitted:
Public officer and employee shall submit a declaration under oath of his assets,
liabilities and net worth upon assumption of office and as often as required un
der the law.
When declaration shall be disclosed to the public:
These declarations shall be disclosed to the public in a manner provided by law
in the case of:
1.) President
2.) Vice-President
3.) Members of the Cabinet
4.) Members of Congress
5.) Justices of the Supreme Court
6.) Members of Constitutional Commissions
7.) Other constitutional offices
8.) Officers of the armed forces with general or flag rank
Section 18: ALLEGIANCE OF PUBLIC OFFICERS AND EMPLOYEES
Allegiance to the State and to the Constitution
Change in Citizenship/Immigrant Status
Incumbent public officers and employees who seek either:
a. Change his citizenship; or
b. Acquire immigrant status in another country
Shall be dealt with by law.
If Philippine citizenship is one of the qualifications to the office, the loss o
f such citizenship means the loss of the office by the incumbent.
The Election Code provides the rules with respect to non-incumbents, i.e. person
s running for elective offices.
c. The Code provides that permanent residents of or immigrant to a foreign count
ry cannot file certificates of candidacy unless they expressly waive their statu
s as such
This renunciation must be some other than, and prior to, the filling of the cert
ificate of candidacy.
SANDIGANBAYAN ( OMBUDSMAN)
Composition:
1.) Ombudsman/Tanodbayan
2.) Overall deputy
3.) At least one Deputy each for Luzon, Visayas and Mindanao
4.) Deputy for military establishment may be appointed
Qualifications: (Ombudsman and his deputies)
1.) Natural born citizen of the Philippines
2.) At least 40 years old at time of appointment
3.) Of recognized probity and independence
4.) Member of the Philippine bar
5.) Must not have been candidate for any elective office in the immediately prec
eding election
6.) For Ombudsman: He must have been for ten years or more
a. A judge or
b. Engage in the practice of law in the Philippines
Disqualifications/Prohibitions (under Article IX, Section 2)
1.) Cannot hold any other office or employment during his tenure
2.) Cannot engage in the practice of any profession or in the active management
or control of any business which may be affected by the functions of his office
3.) Cannot be financially interested, directly or indirectly, in any contract wi
th or in any franchise or privilege granted by the Government, any of its subdiv
isions, agencies or instrumentalities, including GOCCs or their subsidiaries
Appointment
1. Of Ombudsman and deputies
a. By the president from a list of at least 6 nominees prepared by the Judicial
and Bar Council. Vacancies will be filled from a list of 3 nominees
b. Appointments do NOT require confirmation
c. All vacancies shall be filled within 3 months after they occur.
2.Of other officials and employees of the Office of the Ombudsman
d. By the Ombudsman
e. In accordance with Civil Service Law
FISCAL AUTONOMY:
The Office of the Ombudsman enjoys fiscal autonomy. Its approved annual appropr
iations should be automatically and regularly released.
It is not for the Court to review the Ombudsman s paramount discretion in prosecut
ing or dismissing a complaint filed before his office except when there exist gr
ave abuse of discretion (Pp v Velez, February 19,2003)
In Marquez v Desierto, June 27,2003: Since the Ombudsman merely conducted an inv
estigation, there is no valid reason to compel the production of bank documents
or to hold bank manager in contempt for refusing to produce said documents since
zones of privacy are recognized in one of our laws which is the Secrecy of Bank
Laws.
Term: (Ombudsman and deputies)
1. 7 years with reappointment
2.They are NOT qualified to run for any office in the election immediately succe
eding their cessation from office
Rank/Salaries:
-The Ombudsman has the rank of Chairman of a Constitutional Commission
-The Members have the rank of members of a Constitutional Commission
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