ARTICLE VI THE
LEGISLATIVE DEPARTMENT
Sec. 1. The legislative power shall be
vested in the Congress of the Philippines,
which shall consist of a Senate and a
House of Representatives, except to the
extent reserved to the people by the
provision on initiative and referendum.
Definition of Legislative Power:
The authority to make laws and to alter or
repeal them.
Classification of legislative power: (O De
CO)
1. Original Possessed by the people in
their sovereign capacity
2. Delegated Possessed by Congress
and other legislative bodies by virtue of
the Constitution
3. Constituent The power to amend or
revise the Constitution
4. Ordinary The power to pass ordinary
laws
Note:
The original legislative power of the people is
exercised via initiative and referendum. In this
manner, people can directly propose and enact
laws, or approve or reject any act or law
passed by Congress or a local government unit.
Limits on the legislative power of
Congress:
1. Substantive limitations on the content
of laws. E.g. no law shall be passed
establishing a state religion.
2. Procedural limitations on the manner
of passing laws. E.g. generally a bill
must go through three readings on
three separate days.
Note:
Provided that these two limitations are not
exceeded, Congress legislative power is
plenary.
Corollaries of legislative power:
1. Congress cannot pass irrepealable
laws. Since Congress powers are
plenary, and limited only by the
Constitution, any attempt to limit the
powers of future Congresses via an
irrepealable law is not allowed.
2. Congress, as a general rule, cannot
delegate its legislative power. Since
the people have already delegated
legislative power to Congress, the
latter cannot delegate it any further.
1
EXCEPTIONS:
1. Delegation of legislative power to local
government units;
2. Instances when the Constitution itself
allows for such delegation [see Art. VI
Sec. 23(2)]
What may Congress delegate:
Congress can only delegate, usually to
administrative agencies, RULE-MAKING POWER
or LAW EXECUTION. This involves either of two
tasks for the administrative agencies:
1. Filling up the details on an otherwise
complete statute; or
2. Ascertaining the facts necessary to
bring a contingent law or provision
into actual operation.
Sections 2-4. 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 qualifications of both Senators and
Members of the House are limited to those
provided by the Constitution. Congress cannot,
by law, add or subtract from these
qualifications.
Term of Office:
6 years, commencing (unless otherwise
provided by law) at noon, 30 June next
following their election.
Term Limitations:
1. No Senator shall serve for more than 2
consecutive terms.
2. Voluntary renunciation of office for any
length of time shall not be considered
as an interruption in the continuity of
his service for the full term for which
he was elected.
Sections 5-7. HOUSE OF
REPRESENTATIVES
Composition:
1. Not more than 25 members, unless
otherwise fixed by law; and
 2. Party-list Representative
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 re-
apportioned by Congress within 3 years
after the return of each census.
According to Jack, however, while the
apportionment of districts is NOT a
political question, the judiciary
CANNOT compel Congress to do this.
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.
Qualifications
1. Natural born citizen of the Philippines;
2. At least 25 years old on the day of the
election;
3. Able to read and write;
4. Registered voter in the district he seeks
to represent; and
5. A resident of such district for at least
one year immediately preceding the
day of the election.
Term of Office
1. Each member of the House shall be
elected for a term of three (3) years
which shall commence (unless
otherwise provided for by law) at noon
on 30 June next following their election.
2. Voluntary renunciation of office for any
length of time shall not be considered
as an interruption in the continuity of
his service for the full term for which
he was elected.
Term Limitations
No member of the House of Representatives
shall serve for more than three (3) consecutive
terms.
2
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.
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, 92-
95 and 95-98 terms), 25 seats shall be
allotted to sectoral representatives.
Under Art. XVIII, Sec. 7, the sectoral
representatives are to be appointed by
the President until legislation otherwise
provides.
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
Sec. 9. In case of vacancy in the Senate
or in the House of Representatives, a
special election may be called to fill such
vacancy in the manner prescribed by law,
but the Senator or Member of the House
of Representatives thus elected shall other activities done in
serve only for the unexpired term. performance of their official
duties.
Sec. 10. Salaries of Senators and (iii) Congress need NOT be in
Members of the House session when the utterance
is made, as long as it forms
Determination of Salaries: part of legislative action,
Salaries of Senators and Members of the House i.e. part of the deliberative
of Representatives shall be determined by law. and communicative
process used to participate
Rule on increase in salaries: in legislative proceedings in
No increase in their salaries shall take effect consideration of proposed
until after the EXPIRATION OF THE FULL TERM legislation or with respect
(NOT TENURE) OF ALL THE MEMBERS OF THE to other matters with
SENATE AND THE HOUSE OF REPRESENTATIVES Congress jurisdiction.
APPROVING SUCH INCREASE.
Note: Since the Constitution provides for rules Sec. 12. All Members of the Senate and
on salaries and not on emoluments, our the House of Representatives shall, upon
distinguished legislators can appropriate for assumption of office, make a full
themselves other sums of money such as disclosure of their financial and business
travel allowances, as well as other side interests. They shall notify the House
benefits. concerned of a potential conflict of
interest that may arise from the filing of a
Sec. 11: CONGRESSIONAL IMMUNITIES proposed legislation of which they are
1.) Immunity from arrest: authors.
1. Legislators are privileged from arrest
while Congress is in session with Sec. 13-14: CONGRESSIONAL
respect to offenses punishable by up to DISQUALIFICATIONS:
6 years of imprisonment. Thus, Disqualifications:
whether Congress is in regular or DISQUALIFICATION WHEN
special session, the immunity from APPLICABLE
arrest applies. 1. Senator/Member of During his term. If
2. If Congress is in recess, members the House cannot hold he does so, he
thereof may be arrested. any other office or forfeits his seat.
3. The immunity is only with respect to
employment in the
arrests and NOT to prosecution for
Government or any
criminal offenses.
2.) Legislative privilege: subdivision, agency or
1. No member shall be questioned or held Instrumentality thereof,
liable in any forum other than his/her including GOCCS or their
respective Congressional body for any subsidiaries.
debate or speech in the Congress or in 2. Legislators cannot be IF the office was
any Committee thereof. appointed to any office. created or the
2. Limitation on the privilege: emoluments
(i) Protection is only against thereof increased
forum other than Congress during the term for
itself. Thus for which he was
inflammatory remarks elected.
which are otherwise 3. Legislators cannot During his term of
privileged, a member may personally appear as office.
be sanctioned by either the
counsel before any court
Senate or the House as the
of justice, electoral
case may be.
(ii) The speech or debate tribunal, quasi-judicial
must be made in and administrative
performance of their duties bodies.
as members of Congress. 4. Legislators cannot be During his term of
This includes speeches financially interested office.
delivered, statements directly or indirectly in
made, votes cast, as well any contract with or in
as bills introduced, and any franchise, or special

3
privilege granted by the to ignore them when circumstances so
Government, or any require.
subdivision, agency or
instrumentality thereof, Discipline:
including any GOCC or 1.) Suspension
its subsidiary. 1. Concurrence of 2/3 of ALL its members
and
5. Legislators cannot When it is for his
2. Shall not exceed 60 days.
intervene in any matter pecuniary benefit
2.) Expulsion
before any office of the or where he may
1. Concurrence of 2/3 of ALL its members.
government. be called upon to
act on account of Congressional Journals and Records:
his office. 1.) The Journal is conclusive upon the courts.
2.) BUT an enrolled bill prevails over the
Sec. 15: REGULAR AND SPECIAL SESSIONS contents of the Journal.
Regular Sessions: 3.) An enrolled bill is the official copy of
1.) Congress convenes once every year on approved legislation and bears the
the 4th Monday of July (unless otherwise certifications of the presiding officers of each
provided for by law) House. Thus where the certifications are valid
2.) Continues in session for as long as it sees and are not withdrawn, the contents of the
fit, until 30 days before the opening of the next enrolled bill are conclusive upon the courts as
regular session, excluding Saturdays, Sundays, regards the provision of that particular bill.
and legal holidays.
Adjournments:
Special Sessions: 1.) Neither House can adjourn for more than
Called by the President at any time when 3 days during the time Congress is in session
Congress is not in session. without the consent of the other House.
2.) Neither can they adjourn to any other
Sec. 16. Officers: place than that where the two houses are
1.) Senate President; sitting, without the consent of the other.
2.) Speaker of the House; and
3.) Each House may choose such other Section 17: THE ELECTORAL TRIBUNAL
officers as it may deem necessary. The Senate and the House shall each have
an Electoral Tribunal which shall be
Election of Officers composed of:
By a majority vote of all respective members. 1. 3 Supreme Court Justices to be
designated by the Chief Justice; &
Quorum to do business: 2. 6 Members of the Senate or House, as
1. Majority of each House shall constitute the case may be.
a quorum. The senior Justice in the Electoral Tribunal shall
2. A smaller number may adjourn from be its Chairman.
day to day and may compel the
attendance of absent members. Note: The congressional members of the ETs
3. In computing a quorum, members who shall be chosen on the basis of proportional
are outside the country and thus representation from the political parties and
outside of each Houses coercive party-list organizations.
jurisdiction are not included.
Jurisdiction:
Internal Rules: 1.) Each ET shall be the sole judge of all
1. Each House shall determine its own CONTESTS relating to the election, returns, and
procedural rules. qualifications of their respective members.
2. Since this is a power vested in This includes determining the validity or
Congress as part of its inherent powers, invalidity of a proclamation declaring a
under the principle of separation of particular candidate as the winner.
powers, the courts cannot intervene in 2.) An election contest is one where a
the implementation of these rules defeated candidate challenges the qualification
insofar as they affect the members of and claims for himself the seat of a proclaimed
Congress. winner.
3. Also, since Congress has the power to 3.) In the absence of an election contest, the
make these rules, it also has the power ET is without jurisdiction. However, the power
of each House to expel its own members or

4
even to defer their oath-taking until their
qualifications are determined may still be
exercised even without an election contest.
Issues regarding the Electoral Tribunals:
1.) Since the ETs are independent
constitutional bodies, independent even of 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 legislator-
members of the ET were to be disqualified, the
ET would not be able to fulfill its constitutional
functions.
4.) Judicial review of decisions of the ETs may
be had with the SC only insofar as the decision
or resolution was rendered without or in excess
of jurisdiction or with grave abuse of discretion
constituting denial of due process.
Section 18: THE COMMISSION ON
APPOINTMENTS
Composition:
1.) Senate President as ex-officio chairman;
2.) 12 Senators; and
3.) 12 Members of the House.
Note: The 12 Senators and 12 Representatives
are elected on the basis of proportional
representation from the political parties and
party-list organizations.
Voting/Action
1.) The chairman shall only vote in case of a
tie.
2.) The CA shall act on all appointments
within 30 session days from their submission to
Congress.
3.) The Commission shall rule by a majority
vote of all the Members.
Jurisdiction
5
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.
Meetings of the CA
1.) CA meets only while Congress is in
session.
2.) Meetings are held either at the call of the
Chairman or a majority of all its members.
3.) Since the CA is also an independent
constitutional body, its rules of procedure are
also outside the scope of congressional powers
as well as that of the judiciary.
Note: The ET and the CA shall be constituted
within 30 days after the Senate and the House
of Representative shall have been organized
with the election of the President and the
Speaker.
Sections 21-22: LEGISLATIVE INQUIRIES
Scope:
1. Either House or any of their
committees may conduct inquires in
aid of legislation.
2. In aid of legislation does not mean
that there is pending legislation
regarding the subject of the inquiry. In
fact, investigation may be needed for
purposes of proposing future
legislation.
3. If the stated purpose of the
investigation is to determine the
existence of violations of the law, the
investigation is no longer in aid of
legislation but in aid of prosecution.
This violates the principle of separation
of powers and is beyond the scope of
congressional powers.
Enforcement:
1. Since experience has shown that mere
requests for information does not
 usually work, Congress has the 6. Required by the security of state or
inherent power to punish recalcitrant required by public interest; and
witnesses for contempt, and may have 7. When the President so states in writing
them incarcerated until such time that
they agree to testify. Sections 23-24. DECLARATION OF
2. The continuance of such incarceration WAR/EMERGENCY POWERS
only subsists for the lifetime, or term, Vote requirement: (to declare the
of such body. Once the body ceases to existence of a state of war)
exist after its final adjournment, the 1. 2/3 of both Houses, in joint session
power to incarcerate ceases to exist as 2. Voting separately
well. Thus, each Congress of the
House lasts for only 3 years. But if one Emergency powers:
is incarcerated by the Senate, it is 1. During times of war or other national
indefinite because the Senate, with its emergency, Congress may, BY LAW,
staggered terms, is a continuing body. authorize the President to exercise
3. BUT, in order for a witness to be powers necessary and proper to carry
subject to this incarceration, the out a declared national policy.
primary requirement is that the inquiry 2. Limitations:
is within the scope of Congress 1. Powers will be exercised for a
powers. i.e. it is in aid of legislation. limited period only; and
4. The materiality of a question is 2. Powers will be subject to
determined not by its connection to restrictions prescribed by
any actually pending legislation, but by Congress
its connection to the general scope of 3. Expiration of emergency powers
the inquiry. 1. By resolution of Congress or
5. The power to punish for contempt is 2. Upon the next adjournment of
inherent in Congress and this power is Congress
sui generis. It cannot be exercised by
local government units unless they are
expressly authorized to do so.

Limitations:
1. The inquiry must be conducted in
accordance with the duly published
rules of procedure of the House
conducting the inquiry; and
2. The rights of persons appearing in or
affected by such inquiries shall be
respected. Ex. The right against self-
incrimination.
Appearance by department heads before
Congress:
1. Since members of the executive
department are co-equals with those of
the legislative department, under the
principle of separations of powers,
department heads cannot be
compelled to appear before Congress.
Neither may the department heads
impose their appearance upon
Congress.
2. Department heads may appear before
Congress in the following instances.
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:
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.
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

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 1. A revenue bill is one specifically c. Speaker of the House of
designed to raise money or revenue Representatives
through imposition or levy. d. Chief of Justice of the Supreme
1. Thus, a bill introducing a new tax is a Court
revenue bill, but a provision in, for e. Heads of the Constitutional
instance, the Videogram Regulatory Commissions
Board law imposing a tax on video 3. Discretionary funds appropriated for
rentals does not make the law a particular officials shall be:
revenue bill. a. Disbursed only for public
purposes;
Bills of local application b. Should be supported by
A bill of local application, such as one asking appropriate vouchers; and
for the conversion of a municipality into a city, c. Subject to guidelines as may
is deemed to have originated from the House be prescribed by law.
provided that the bill of the House was filed 4. If Congress fails to pass General
prior to the filing of the bill in the Senate even Appropriations Bill (GAB) by the end of
if, in the end, the Senate approved its own any fiscal year:
version. i. The GAB for the previous year
is deemed reenacted
Limitations: ii. It will remain in full force and
1. For appropriation bills: effect until the GAB is passed
a. Congress cannot increase the by Congress.
appropriations recommended 5. For law granting tax exemption
by the President for the It should be passed with the
operation of the Government concurrence of a MAJORITY of ALL the
as specified in the budget. members of Congress.
b. Each provision or enactment in 6. For bills in general
the General Appropriations Bill a. Every bill shall embrace only
must relate specifically to some one (1) subject, as expressed in
particular appropriation therein the title thereof
and any such provision or i. As a mandatory
enactment must be limited in requirement
its operation to the ii. The title does not
appropriation to which it have to be a
relates. complete catalogue
c. The procedure in approving of everything
appropriations for Congress stated in the bill. It
shall strictly follow the is sufficient if the
procedure for approving title expresses the
appropriations for other general subject of
departments and agencies. the bill and all the
d. A special appropriations bill provisions of the
must specify the purpose for statute are
which it is intended and must germane to that
be supported by funds actually general subject.
available as certified by the iii. A bill which repeals
National Treasurer or to be legislation
raised by a corresponding regarding the
revenue proposal therein. subject matter
2. Transfer of appropriations: need not state in
1. Rule: No law shall be passed the title that it is
authorizing any transfer of repealing the
appropriations latter. Thus, a
2. BUT the following may, BY LAW, be repealing clause in
authorized to AUGMENT any item in the bill is
the general appropriations law for considered
their respective offices from germane to the
savings in other items of their subject matter of
respective appropriations the bill.
a. President
b. President of the Senate Readings

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 1. In order to become a law, each bill TYPE OF
must pass three (3) readings in both BILL
Houses. ITEM
2. General rule: Each reading shall be 1. Revenue/tax bill Subject of the tax
held on separate days & printed copies and the tax rate imposed thereon
thereof in its final form shall be 2. Appropriations bill Indivisible sum
distributed to its Members three (3) dedicated to a stated purpose
days before its passage.
3. Exception: If a bill is certified as urgent Veto of RIDER
by the President as to the necessity of 1. A rider is a provision which does not
its immediate enactment to meet a relate to a particular appropriation
public calamity or emergency, the 3 stated in the bill.
readings can be held on the same day. 2. Since it is an invalid provision under
4. First reading only the title is read; the Section 25(2), the President may veto it
bill is passed to the proper committee as an item.

Second reading Entire text is read Specific limitations on legislation

and debates are held, and 1. No law shall be enacted increasing the
amendments introduced. Supreme Courts appellate jurisdiction
without the SCs advice and
Third reading only the title is read, no concurrence.
amendments are allowed. Vote shall 2. No law shall be enacted granting titles
be taken immediately thereafter and of royalty or nobility.
the yeas and nays entered in the
journal. Section 28. POWER TO TAX
Limitations:
Veto power of President: 1) The rule of taxation should be UNIFORM
1. Every bill, in order to become a law, 2) It should be EQUITABLE
must be presented to and signed by 3) Congress should evolve a PROGRESSIVE
the President. system of taxation.
2. If the President does not approve of the 4) The power to tax must be exercised for a
bill, he shall veto the same and return public purpose because the power exists for
it with his objections to the House from the general welfare
which it originated. The House shall 5) The due process and equal protection
enter the objections in the Journal and clauses of the Constitution should be observed.
proceed to reconsider it.
3. The President must communicate his Delegation of power to fix rates
decision to veto within 30 days from 1) Congress may, BY LAW, authorize the
the date of receipt thereof. If he fails to President to fix the following:
do so, the bill shall become a law as if a) Tariff rates
he signed it. b) Import and Export Quotas
4. This rule eliminates the pocket veto c) Tonnage and warfage dues
whereby the President would simply d) Other duties and imposts
refuse to act on the bill. Within the framework of the national
development program of the Government
1. To OVERRIDE the veto, at least 2/3 of 2) The exercise of such power by the
ALL the members of each House must President shall be within the specified limits
agree to pass the bill. In such case, fixed by Congress and subject to such
the veto is overriden and becomes a limitations and restrictions as it may impose.
law without need of presidential
approval. Constitutional tax exemptions:
2. Item veto 1) The following properties are exempt from
3. The President may veto particular REAL PROPERTY taxes
items in an appropriation, revenue or (CODE: Cha Chu M- CA)
tariff bill. a) Charitable institutions
4. This veto will not affect items to which b) Churches, and parsonages or
he does not object. convents appurtenant thereto
5. Definition of item c) Mosques
d) Non-profit cemeteries; and
e) All lands, buildings and
improvements actually, directly and

8
 exclusively used for religious, shall be transferred to the general
charitable, or educational purposes. funds of the Government
2) All revenues and assets of NON-STOCK
NON-PROFIT EDUCATIONAL institutions are Section 32. INITIATIVE AND REFERENDUM
exempt from taxes and duties PROVIDED that 1) Through the system of initiative and
such revenues and assets are actually, directly referendum, the people can directly propose
and exclusively used for educational purposes. and enact laws or approve or reject any act or
(Art. XIV Sec 4 (3)) law or part thereof passed by the Congress or
3) Grants, endowments, donations or local legislative body.
contributions used actually, directly and 2) Required Petition
exclusively for educational purposes shall be a) Should be signed by at least 10%
exempt from tax. This is subject to conditions of the total number of registered voters
prescribed by law. (Art. XIV. Sec 4 (4)) b) Every legislative district should
be represented by at least 3% of the
Section 29. Power of the Purse registered voters
1) No money shall be paid out of the c) Petition should be registered
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

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ARTICLE VII. THE
EXECUTIVE DEPARTMENT
Section 1. EXECUTIVE POWER
Scope:
1) Executive power is vested in the President
of the Philippines.
2) The scope of this power is set forth in Art.
VII of the Constitution. But this power is not
limited to those set forth therein. The SC, in
Marcos v. Manglapus, referred to the RESIDUAL
powers of the President as the Chief Executive
of the country, which powers include others not
set forth in the Constitution. EXAMPLE: The
President is immune from suit and criminal
prosecution while he is in office.
3) Privilege of immunity from suit is personal
to the President and may be invoked by him
alone. It may also be waived by the President,
as when he himself files suit.
4) BUT The President CANNOT dispose of
state property unless authorized by law.
Section 2. QUALIFICATIONS
1) Natural-born citizen of the Philippines
2) Registered voter;
3) Able to read and write;
4) At least 40 years old on the day of election
5) Philippine resident for at least 10 years
immediately preceding such election.
Note: The Vice-President has the same
qualifications & term of office as the President.
He is elected with & in the same manner as the
President. He may be removed from office in
the same manner as the President.
Section 4. MANNER OF ELECTION/ TERM
OF 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 Vice-
President, as duly certified by the proper Board
of Canvassers shall be forwarded to Congress,
directed to the Senate President.
3) Not later than 30 days after the day of the
election, the certificates shall be opened in the
presence of both houses of Congress,
assembled in joint public session.
4) The Congress, after determining the
authenticity and due execution of the
certificates, shall canvass the votes.
5) The person receiving the highest number
of votes shall be proclaimed elected.
6) In case of a tie between 2 or more
candidates, one shall be chosen by a majority
of ALL the members of both Houses, voting
separately. In case this results in a deadlock,
the Senate President shall be the acting
President until the deadlock is broken.
10
7) The Supreme Court en banc shall act as
the sole judge over all contests relating to the
election, returns, and qualifications of the
President or Vice-President and may
promulgate its rules for the purpose.
Term of Office
1) President
a) 6 years beginning at noon on 30
June immediately following the election
and ending at noon on the same day 6
years later.
b) Term limitation: Single term only;
not eligible for any reelection.
c) Any person who has succeeded as
President, and served as such for more
than 4 years shall NOT be qualified for
election to the same office at any time.
2) Vice-President:
a) 6 years, starting and ending the
same time as the President.
b) Term limitation: 2 successive
terms.
c) Voluntary renunciation of the office
for any length of time is NOT an
interruption in the continuity of service
for the full term for which the Vice-
President was elected.
Section 6. SALARIES AND EMOLUMENTS
1) Official salaries are determined by law.
2) Salaries cannot be decreased during the
TENURE of the President and the 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 other
source during their TENURE
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.
 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.
VACANCY SUCCESSOR (i) The VP will immediately be
President dies, is permanently disabled, is Vice-President becomes Acting President.
President for the
impeached, or resigns. unexpired term. (ii) BUT: If the President
Both President and Vice-President die, 1. transmits a written declaration
become permanently disabled, are 2. that he is not disabled, he
impeached, or resign. reassumes his position.
(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 Vice-
Houses, 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
need not be held on separate days. DISQUALIFICATION
e) The law shall be deemed enacted President, Prohibited from:
upon its approval on third reading. Vice- 1. Holding any office
President, or employment
BUT: No special election shall be called if the Cabinet during their tenure,
vacancy occurs within 18 months before the Members, UNLESS:
date of the next presidential election. Deputies or
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 Vice-
b. the positions are ex-
President will be Acting President until
the President transmits a written officio and they do
declaration to the contrary. not receive any
salary or other

11
 emoluments became President,
therefor (e.g. Sec. he/she may
of Finance is head continue in office.
of Monetary Board). What is prohibited is
appointment and
2. Practicing, directly reappointment, NOT
or indirectly, any continuation in
other profession office.
during their tenure; 2. Spouses, etc., can
3. Participating in any be appointed to the
business; judiciary and as
ambassadors and
4. Being financially consuls.
interested in any
contract with, or in
any franchise, or Sections 14-16. POWER TO APPOINT
special privilege Principles:
granted by the 1) Since the power to appoint is executive in
government or any nature, Congress cannot usurp this function.
subdivision, agency 2) While Congress (and the Constitution in
or instrumentality certain cases) may prescribe the qualifications
thereof, including for particular offices, the determination of who
among those who are qualified will be
GOCCs or their
appointed is the Presidents prerogative.
subsidiaries.
Scope:
N.B. The rule on The President shall appoint the following:
disqualifications for the 1) Heads of executive departments (CA
President and his Cabinet confirmation needed):
are stricter than the normal 2) Ambassadors, other public ministers, and
rules applicable to consuls (CA confirmation needed).
appointive and elective 3) Officers of AFP from rank of colonel or
officers under Art. IX-B, Sec. naval captain (CA confirmation needed).
7 4) Other officers whose appointment is
Spouses and Cannot be appointed during vested in him by the Constitution (CA
4th degree Presidents tenure as: confirmation needed), such as:
relatives of a) Chairmen and members of the
the President 1. Members of the COMELEC, COA and CSC.
b) Regular members of the Judicial
(consanguinit Constitutional
and Bar Council.
y or affinity) Commissions;
c) The Ombudsman and his deputies;
2. Office of the d) Sectoral representatives in
Ombudsman; Congress.
3. Department N.B. President also appoints members
Secretaries; of the Supreme Court and judges of the
4. Department under- lower courts, but these appointments
secretaries; do not need CA confirmation.
5. Chairman or heads 5) All other officers whose appointments are
of bureaus or offices not otherwise provided for by law; and those
including GOCCs whom he may be authorized by law to appoint.
and their a) This includes the Chairman and
subsidiaries. members of the Commission on Human
Rights, whose appointments are
N.B. provided for by law NOT by the
1. If the spouse, etc., Constitution.
was already in any b) Congress may, by law, vest the
appointment of other officers lower in
of the above offices
rank in the President alone or in the
at the time before
courts, or in the heads of departments,
his/her spouse agencies, boards or commissions.

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.
Procedure:
1) CA confirmation needed:
a) Nomination by President
b) Confirmation by CA
c) Appointment by President; and
d) Acceptance by appointee.
Note: At any time before all four steps have
been complied with, the President can
withdraw the nomination/appointment.
2) No CA confirmation:
a) Appointment; and
b) Acceptance.
Note: Once appointee accepts, President can
no longer withdraw the appointment.
Ad-interim appointments:
1) When Congress is in recess, the President
may still appoint officers to positions subject to
CA confirmation.
2) These appointments are effective
immediately, but are only effective until they
are disapproved by the CA or until the next
adjournment of Congress.
3) Appointments to fill an office in an acting
capacity are NOT ad-interim in nature and need
no CA approval.
Appointments by an Acting President:
These shall remain effective UNLESS revoked
by the elected President within 90 days from
his assumption or re-assumption of office.
Limitation
1) 2 months immediately before the next
Presidential elections, and up to the end of his
term, the President or Acting President SHALL
NOT make appointments. This is to prevent
the practice of midnight appointments.
2) EXCEPTION:
a) Can make TEMPORARY
APPOINTMENTS
b) To fill EXECUTIVE POSITIONS;
c) If continued vacancies therein will
prejudice public service or endanger
public safety.
13
Section 17. Power of Control and
Supervision
Power of Control:
The power of an officer to alter, modify, or set
aside what a subordinate officer has done in
the performance of his duties, and to substitute
the judgment of the officer for that of his
subordinate. Thus, the President exercises
control over all the executive departments,
bureaus, and offices.
The Presidents power over government-owned
corporations comes not from the Constitution
but from statute. Hence, it may be taken away
by statute.
Qualified Political Agency:
1) Since all executive and administrative
organizations are adjuncts of the Executive
Department, the heads of such departments,
etc. are assistants and agents of the President.
2) Thus, generally the acts of these
department heads, etc, which are performed
and promulgated in the regular course of
business, are presumptively the acts of the
President.
3) Exception: If the acts are disapproved or
reprobated by the President.
4) Under Administrative Law, decisions of
Department Secretaries need not be appealed
to the President in order to comply with the
requirement of exhaustion of administrative
remedies.
5) Qualified political agency does NOT apply
if the President is required to act in person by
law or by the Constitution. Example: The
power to grant pardons must be exercised
personally by the President.
Disciplinary Powers:
1) The power of the President to discipline
officers flows from the power to appoint the,
and NOT from the power control.
2) BUT While the President may remove from
office those who are not entitled to security of
tenure, or those officers with no set terms,
such as Department Heads, the officers, and
employees entitled to security of tenure cannot
be summarily removed from office.
Power of Supervision:
1) This is the power of a superior officer to
ensure that the laws are faithfully executed by
subordinates.
2) The power of the president over local
government units is only of general
supervision. Thus, he can only interfere with
the actions of their executive heads if these are
contrary to law.
3) The execution of laws is an OBLIGATION of
the President. He cannot suspend the
operation of laws.
4) The power of supervision does not include
the power of control; but the power of control
necessarily includes the power of supervision.
Section 18. COMMANDER-IN-CHIEF
POWERS
Scope:
1) The President is the Commander-in-Chief
of the Armed Forces.
2) Whenever necessary, the President may
call out the AFP to PREVENT or SUPPRESS:
a) Lawless violence;
b) Invasion; or
c) Rebellion.
3) The President may also:
a) Suspend the privilege of the writ of
habeas corpus; and
b) Proclaim a state of martial law.
Suspension of the privilege of the writ of
habeas corpus and declaring martial law;
Grounds
1. Invasion or
2. Rebellion; and
3. Public safety requires it.
4. The invasion or rebellion must be
ACTUAL and not merely imminent.
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
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:
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.
Suspension of privilege of the writ:
i. Applies ONLY to persons judicially
charged for rebellion or offenses
inherent in or directly connected with
invasion.
ii. Anyone arrested or detained during
suspension must be charged within 3
days. Otherwise he should be
released.
Note: While the suspension of the privilege of
writ and the proclamation of martial law is
subject to judicial review, the actual use by the
President of the armed forces is not. Thus,
troop deployments in times of war is subject to
the Presidents judgment and discretion.
Section 19: EXECUTIVE 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
the 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.
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
AMNESTY PARDON municipal law.
Addressed to POLITICAL offenses Addressed to ORDINARY offenses (i) Philippine court:
Granted to a CLASS of persons Granted to INDIVIDUALS The later enactment will
Need not be accepted Must be accepted prevail, be it treaty or law, as it
Requires concurrence of majority of all No need for Congressional concurrenceis the latest expression of the
members of Congress States will.
A public act. Subject to judicial notice (ii) International
Private act of President. It must be proved. tribunal
Extinguishes the offense itself Treaty
Only penalties are extinguished. will always prevail. A
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
(2) isPower
not extinguished.
to appoint ambassadors, other
May be granted before or after Only granted publicafter conviction
ministers, by final
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
Sec. 1. JUDICIAL POWER
Scope:
1. Judicial power is the authority to settle
justiciable controversies or disputes involving
rights that are enforceable and demandable
before the courts of justice or the redress of
wrongs for violations of such rights.
2. Vested in the Supreme Court and such lower
courts as may be established by law.
3. Since the courts are given judicial power
and nothing more, courts may neither attempt
to assume or be compelled to perform non-
judicial functions. They may not be charged
with administrative functions except when
reasonably incidental to the fulfillment of their
duties.
4. In order that courts may exercise this
power, there must exist the following:
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.
Political Questions:
1. A political question is one the resolution of
which has been vested by the Constitution
exclusively in either the people, in the exercise
of their sovereign capacity, or in which full
discretionary authority has been delegated to a
co-equal branch of the Government.
2. Thus, while courts can determine questions
of legality with respect to governmental action,
they cannot review government policy and the
wisdom thereof, for these questions have been
vested by the Constitution in the Executive and
Legislative Departments.
Sec. 2. ROLES OF CONGRESS
17
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. 3. FISCAL AUTONOMY
1. The entire judiciary shall enjoy fiscal
autonomy.
2. Annual appropriations for the judiciary
cannot be reduced below the amount
appropriated for the previous year.
3. Once approved, appropriations shall be
automatically and regularly released.
Secs. 4-7; 12 JUDICIARY
Composition of the Supreme Court:
1. Chief Justice and
2. 14 Associate Justices
Note: Members of the Supreme Court and of
other courts established by law shall not be
designated to any agency performing quasi-
judicial or administrative functions.
Qualifications of members of the SC:
1. Natural born citizen of the Philippines
2. At least 40 years old
3. At least 15 years of experience as a judge
or in the practice of law in the Philippines
4. Person of proven competence, integrity,
probity and independence.
Qualifications of members of lower
collegiate courts (CA, CTA,
Sandiganbayan)
1. Natural born citizen of the Philippines
2. Member of the Philippine bar
3. Possesses other qualifications prescribed by
Congress
4. Person of proven competence, integrity, 3. Members of the Judiciary are NOT exempt
probity and independence. from payment of income tax.

Qualifications of judges of lower non- Sec. 11. TENURE/DISCIPLINARY POWERS

collegiate courts: OF SC
1. Citizen of the Philippines (may be a 1. Members of the SC and judges of the lower
naturalized citizen) courts hold office during good behavior until
2. Member of the Philippine Bar a. The age of 70 years old; or
3. Possesses other qualifications prescribed by b. They become incapacitated to
Congress discharge their duties.
4. Person of proven competence, integrity, 2. Disciplinary action against judges of lower
probity and independence. courts:
a. Only the SC en banc has jurisdiction
to discipline or dismiss judges of lower
courts.
b. Disciplinary action/dismissal:
Section 8. JUDICIAL AND BAR COUNCIL Majority vote of SC Justices who took
1. The Judicial and Bar Council is under the part in the deliberations and voted
supervision of the SC. therein.
A. Is under the supervision of the Supreme 3. Removal of SC Justices:
Court and is composed of: a. Only by IMPEACHMENT.
1. Chief Justice, as ex-officio chairman b. Cannot be disbarred while they hold
2. Secretary of Justice, as an ex-officio office.
member Secs. 4-6, 13. THE SUPREME COURT
3. Representative of Congress, as an Hearing of cases:
ex-officio member 1. En banc; or
4. Representative of the Integrated 2. Divisions of 3, 5, or 7.
Bar
5. A professor of law Cases required to be heard en banc:
6. A retired member of the SC; and 1. All cases involving constitutionality of a/an:
7. Private sector representative a. Treaty
Note: The last four re the regular b. International or executive
members of the JBC. Regular members are agreement or
appointed by the President with CA c. Law.
approval. Regular members serve for 4 2. All cases required to be heard en banc
years, with staggered terms. under the Rules of Court:
a. Appeals from Sandiganbayan; and
B. Functions of JBC b. From the Constitutional
1. Principal function: recommend Commissions
appointees to the Judiciary 3. All cases involving the
2. Exercise such other functions as constitutionality, application or
the SC may assign to it. operation of
C. Appointments to the Judiciary a. Presidential decrees
1. President shall appoint from a list b. Proclamations
of at least 3 nominees for each c. Orders
vacancy, as prepared by the JBC. d. Instructions
2. No CA confirmation is needed for e. Ordinances; and
appointments to the Judiciary. f. Other regulations.
3. Vacancies in SC should be filled 3. Cases heard by a division where required
within 90 days from the occurrence majority of 3 was not obtained.
of the vacancy. 4. Cases where SC modifies or reverses a
4. Vacancies in lower courts should be doctrine or principle of law laid down by the SC
filled within 90 days from en banc or by a division.
submission to the President of the 5. Administrative cases to discipline or dismiss
JBC list. judges of lower courts; and
6. Election contests for President and Vice-
Sec. 10. SALARIES President.
1. Salaries of SC Justices and judges of lower
courts shall be fixed by law. Cases heard by division
2. Cannot be decreased during their
continuance in office, but can be increased.

18
1. Must be decided with the concurrence of a a. It should provide a simplified and
majority of the members who took part in the inexpensive procedure for the speedy
deliberations and voted thereon. disposition of cases.
2. Majority vote in a division should be at least b. It should be uniform for all courts of
3 members. the same grade.
c. It should not diminish, increase, or
Powers of the SC modify substantive rights.
1. SC has ORIGINAL jurisdiction over 6. Appoint ALL officials and employees of the
a. Cases affecting ambassadors, other Judiciary, in accordance with Civil Service Law.
public ministers and consuls. 7. Exercise administrative supervision over ALL
Note: This refers to foreign ambassadors, etc., courts and the personnel thereof.
stationed in the Philippines.
b. Petitions for certiorari, prohibiton, Decisions of the Supreme Court:
mandamus, quo warranto, and habeas 1. Reached in consultation before being
corpus. assigned to a member for the writing of the
2. SC has APPELLATE jurisdiction over final opinion.
judgments and orders in the following: 2. A certification to this effect must be signed
a. All cases involving the constitutionality by the Chief Justice and attached to the record
or validity of any of the case and served upon the parties.
1. treaty 3. Members of the SC who took no part, or who
2. international or executive dissented or abstained must state the reasons
agreement therefore.
3. law Note: This procedure shall also be observed by
4. presidential decree all lower collegiate courts (CA, CTA, and
5. proclamation theSandiganbayan).
6. order
7. instruction JUDICIAL REVIEW
8. ordinance, or Definition
9. regulation; 1. Judicial Review is the power of the SC to
b. All cases involving the legality of any declare a law, treaty, ordinance etc.
1. tax unconstitutional.
2. impost 2. Lower courts may also exercise the power
3. assessment or of judicial review, subject to the appellate
4. toll or jurisdiction of the SC.
5. any penalty imposed in relation 3. Only SC decisions are precedent, and thus,
thereto; only SC decisions are binding on all.
c. All cases in which the jurisdiction of any
lower court is in issue
d. Criminal cases where the penalty Requisites
imposed is reclusion perpetua or higher; Code: [A R S
and Co R]
e. All cases where ONLY errors or questions 1. An ACTUAL CASE calling for the exercise of
of law are involved. judicial power
3. Temporarily assign lower court judges to 2. The question involved must be RIPE FOR
other stations in the public interest. ADJUDICATION, i.e. the government act must
Note: Temporary assignment shall not exceed have had an adverse effect on the person
6 months without the consent of the judge challenging it.
concerned. 3. The person challenging the governmental
4. Order a change of venue or place of trial to act must have STANDING, i.e. a personal and
avoid a miscarriage of justice. substantial interest in the case such that he
5. Promulgate rules concerning: has sustained, or will sustain, direct injury as a
a. The protection and enforcement of result of its enforcement.
constitutional rights; 4. The question of Constitutionality must be
b. Pleading, practice and procedure in raised in the first instance, or at the earliest
all courts; opportunity.
c. Admission to the practice of law; 5. Resolution of the issue of constitutionality is
d. The Integrated Bar; and unavoidable or is the very lis mota.
e. Legal assistance to the
underprivileged. Effect of a declaration of
unconstitutionality:
Limitations on Rule Making Power

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1. Prior to the declaration that a particular law
is unconstitutional, it is considered as an
operative fact which at that time had to be
complied with.
2. Thus, vested rights may have been acquired
under such law before it was declared
unconstitutional.
3. These rights are not prejudiced by the
subsequent declaration that the law is
unconstitutional.
Sec. 14. DECISIONS
1. Decisions MUST state clearly and distinctly
the facts and the law on which it is based.
2. Refusal to give due course to petitions for
review and motions for reconsideration must
state the legal basis for such refusal.
3. Memorandum decisions, where the
appellate court adopts the findings of fact and
law of the lower court, are allowed as long as
the decision adopted by reference is attached
to the Memorandum for easy reference.
4. These rules only apply to courts. They do
not apply to quasi-judicial or administrative
bodies nor to military tribunals.
ARTICLE XVII-
AMENDMENTS OR
REVISIONS
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.
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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.
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.
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
discretion of Congress. In other words, it is a 1) Amendments and revisions
political question. proposed by Congress and/or by a
3) BUT: The manner of calling a ConCon is ConCon:
subject to judicial review, because the a) Valid when ratified by a MAJORITY of
Constitution has provided for vote votes cast in a plebiscite.
requirements. b) Plebiscite is held not earlier than 60 days
4) If Congress, acting as a constituent nor later than 90 days from the approval of
assembly, calls for a ConCon but does not such amendments or revisions.
provide the details for the calling of such
ConCon, Congress exercising its ordinary 2) Amendments proposed by the
legislative power may supply such details. people via initiative:
But in so doing, Congress (as legislature) a) Valid when ratified by a MAJORITY of
should not transgress the resolution of votes cast in a plebiscite.
Congress acting as a constituent assemble. b) Plebiscite is held not earlier than 60 days
5) Congress, as a constituent assembly and the nor later than 90 days after the certification by
ConCon have no power to appropriate money COMELEC of the petitions sufficiency
for their expenses. Money may be spent from
the treasury only to pursuant to an 3) Requisites of a valid ratification:
appropriation made by law. a) Held in a plebiscite conducted
under the election law;
C. Peoples Initiative b) Supervised by the COMELEC; and
1) Petition to propose such amendments must c) Where only franchised voters
be signed be at least 12% of ALL registered (registered) voters take part.
voters.
2) Every legislative district represented by at 4) Issues regarding ratification:
least 3% of the registered voters therein. a) The Constitution does not require
3) Limitation: that amendments and revisions be
It cannot be exercised oftener than once every submitted to the people in a special
5 years. election. Thus, they may be submitted
Note: for ratification simultaneously with a
1) While the substance of the proposals general election.
made by each type of constituent assembly is b) The determination of the
not subject to judicial review, the manner the conditions under which proposed
proposals are made is subject to judicial review. amendments/revisions are submitted
2) Since these constituent assemblies owe to the people falls within the legislative
their existence to the Constitution, the courts sphere. That Congress could have done
may determine whether the assembly has better does not make the steps taken
acted in accordance with the Constitution. unconstitutional.
3) Examples of justiciable issues: c) All the proposed
a) Whether a proposal was amendments/revisions made by the
approved by the required number of constituent assemblies must be
votes in Congress (acting as a submitted for ratification in one single
constituent assembly). plebiscite. There cannot be a piece-
b) Whether the approved proposals meal ratification of
were properly submitted to the people amendments/revisions.
for ratification. d) Presidential proclamation is NOT
Proposal of Revisions required for effectivity of
1) By Congress, upon a vote of 3/4 of its amendments/revisions, UNLESS the
members proposed amendments/revisions so
2) By a constitutional convention provide.
Ratification

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