Professional Documents
Culture Documents
(3)
CONSENT;
MANNER
BY
WHICH
CONSENT
IS
GIVEN
.....................................................
24
(4)
SALARIES,
PRIVILEGES
AND
DISQUALIFICATIONS/INHIBITIONS
........................................
32
(4)
SCOPE
OF
CONSENT
..............................................................................................
25
(5)
ORGANIZATION
AND
SESSIONS
................................................................................
32
(6)
LEGISLATIVE
PROCESS
............................................................................................
32
D. DOCTRINE OF SEPARATION OF POWERS ........................................................... 26 (7)
POWERS
OF
CONGRESS
..........................................................................................
33
E. THE PRINCIPLE OF CHECKS AND BALANCES ...................................................... 27 (8)
DISCIPLINE
OF
MEMBERS
(ART.
VI,
SEC.
16(3))
........................................................
33
D. FUNCTIONS OF JUDICIAL REVIEW: CHECKING, LEGITIMIZING AND SYMBOLIC . 36 (6)
REMOVAL
BY
IMPEACHMENT
(ART.
XI,
SEC.
2)
..........................................................
38
(7)
POWERS
AND
FUNCTIONS
OF
THE
COMELEC
(ART.
IX,
C,
SEC.2)
.................................
38
E. THE SUPREME COURT AS PRESIDENTIAL ELECTORAL TRIBUNAL, (ART. VII, SEC.
4, PAR. 4) .............................................................................................................. 36 C. COMMISSION ON AUDIT .................................................................................... 38
(1)
COMPOSITION
AND
QUALIFICATION
(ART.
IX,
D,
SEC.
1(1),
ART.
VII,
SEC.
13,
PAR.
2)
.....
38
G. ADMINISTRATIVE POWERS ................................................................................. 37 (2)
APPOINTMENT
AND
TERM
OF
COMMISSIONERS
(ART.
IX,
D,
SEC.
1(2))
.........................
38
(1)
SUPERVISION
OF
LOWER
COURTS
(ART.
VIII,
SEC.6)
...................................................
37
(3)
APPOINTMENT
OF
COA
PERSONNEL
(ART.
IX,
A,
SEC.
4)
.............................................
38
(2)
DISCIPLINE
OF
JUDGES
(ART.
VIII,
SEC.
11)
..............................................................
37
(4)
SALARY
(ART.
IX,
A,
SEC.
3,
ART.
XVIII,
SEC.
1)
........................................................
38
(3)
APPOINTMENT
OF
OFFICIALS
AND
EMPLOYEES
OF
ENTIRE
JUDICIARY
(ART.
VIII,
SEC.
5(6))
.
37
(5)
DISQUALIFICATIONS
(ART.
IX,
A,
SEC.
2)
..................................................................
38
H. LOWER COURTS .................................................................................................. 37 (6)
REMOVAL
BY
IMPEACHMENT
(ART.
XI,
SEC.
2,
ART.
IX,
A,
SEC.
6)
................................
38
(1)
QUALIFICATIONS
AND
APPOINTMENT
(ART.
VIII,
SEC.
7(1),
(2),
SEC.
8(5),
SEC.9)
..........
37
(7)
POWER
AND
FUNCTIONS
(ART.
IX,
D,
SEC.
2,
SEC.
3,
ART.
VI,
SEC.
20)
.........................
38
(2)
SALARY
(ART.
VIII,
SEC.
10)
..................................................................................
37
(8)
RULEMAKING
(ART.
IX,
A,
SEC.
6)
...........................................................................
38
(3)
TENURE
(ART.
VIII,
SEC.
11,
SEC.
1,
SEC.
2,
PAR.
2)
..................................................
37
(9)
OTHER
FUNCTIONS
(ART.
IX
A,
SEC.
8)
....................................................................
38
(4)
REMOVAL
(ART.
VIII,
SEC.
11)
...............................................................................
37
(10)
REVIEW
OF
DECISIONS
OF
THE
COA
(ART.
IX,
A,
SEC.
7)
...........................................
38
(5)
JURISDICTION
(ART.
VIII,
SEC.
1)
............................................................................
37
(11)
FISCAL
AUTONOMY,
ART.
IX,
A,
SEC.
5
..................................................................
38
(6)
REQUIREMENTS
AS
TO
PREPARATION
OF
DECISIONS
(ART.
VIII,
SEC.14)
.........................
37
A. SANDIGANBAYAN (ART. XI, SEC. 4) ................................................................. 39
(7)
PERIOD
FOR
DECIDING
(ART.
VIII,
SEC.
15
AND
ART.
XVIII,
SECTIONS
12-14)
................
37
(8)
NO
NON-JUDICIAL
WORK
FOR
JUDGES
(ART.
VIII,
SEC.
12)
..........................................
37
B. OMBUDSMAN ..................................................................................................... 39
(1)
COMPOSITION
(ART.
XI,
SEC.
5)
.............................................................................
39
I. THE JUDICIAL AND BAR COUNCIL (ART. VIII, SEC. 8) ........................................ 37 (2)
QUALIFICATION
(ART.
XI,
SEC.
8)
............................................................................
39
A. CIVIL SERVICE COMMISSION .............................................................................. 37 (3)
APPOINTMENT
AND
TERM
(ART.
XI,
SECTIONS
8
AND
11)
............................................
39
(1)
COMPOSITION
AND
QUALIFICATION
OF
COMMISSIONS
(ART.
IX,
B,
SEC.
1(1),
ART.
VII,
SEC.
(4)
RANK
AND
SALARY
(ART.
XI,
SEC.
10)
......................................................................
39
13,
PAR.
2)
..............................................................................................................
37
(5)
DISQUALIFICATIONS
(ART.
XI,
SEC.
8,
ART.
IX,
A,
SEC.
2)
...........................................
39
(2)
APPOINTMENT
AND
TERM
OF
OFFICE
OF
COMMISSION
(ART.
IX,
B,
SEC.
1(2))
................
37
(6)
JURISDICTION
(ART.
XI,
SEC.
12)
............................................................................
39
(3)
APPOINTMENT
OF
PERSONNEL
OF
CSC
(ART.
IX,
A,
SEC.
4)
.........................................
37
(7)
POWERS
AND
FUNCTIONS
(ART.
XI,
SEC.
13)
.............................................................
39
(4)
SALARY
(ART.
IX,
A,
SEC.
3
AND
ART.
XVIII,
SEC.
17)
................................................
37
(8)
FISCAL
AUTONOMY
(ART.
XI,
SEC.
14)
.....................................................................
39
(5)
DISQUALIFICATION
(ART.
IX,
A,
SEC.
2)
...................................................................
37
(9)
APPOINTMENT
OF
PERSONNEL
(ART.
XI,
SEC.
6)
........................................................
39
(6)
REMOVAL
BY
IMPEACHMENT
(ART.
XI,
SEC.
2)
..........................................................
37
C. OFFICE OF THE SPECIAL PROSECUTOR (ART. XI, SEC. 7) ................................. 39
(7)
FUNCTIONS
OF
THE
CSC
(ART.
IX,
B,
SEC.3,
ART.
IX,
A,
SECTIONS
7
AND
8)
..................
37
(8)
SCOPE
OF
THE
CIVIL
SERVICE
(ART.
IX,
B,
SEC.
2(1))
...................................................
37
D. CENTRAL MONETARY AUTHORITY ...................................................................... 39
(9)
TERMS
AND
CONDITIONS
OF
EMPLOYMENT
IN
THE
CIVIL
SERVICE
....................................
37
(1)
COMPOSITION
AND
QUALIFICATION
OF
MEMBERS
(ART.
XII,
SEC.
20)
............................
39
REVIEW
OF
DECISION
OF
THE
CSC
(ART.
IX,
A,
SEC.
7)
.....................................................
37
(2)
FUNCTIONS
(ART.
XII,
SECTIONS
20-21)
..................................................................
39
FISCAL
INDEPENDENCE
(ART.
IX,
A,
SEC.
5)
....................................................................
37
E. ECONOMIC AND PLANNING AGENCY (ART. XII, SECTIONS 9-10) ....................... 39
B. COMMISSION ON ELECTIONS ........................................................................... 38 (1)
GOAL
(ART.
XII,
SEC.1)
.........................................................................................
39
(1)
COMPOSITION
AND
QUALIFICATION
OF
COMMISSIONERS
(ART.
IX,
C,
SEC.1
(1),
ART.
VII,
(2)
NATURAL
RESOURCES
...........................................................................................
39
SEC.
13,
PAR.
2)
.......................................................................................................
38
(3)
PRIVATE
LANDS
....................................................................................................
39
(2)
APPOINTMENT
AND
TERM
OF
OFFICE
OF
COMMISSIONERS
(ART.
IX,
C,
SEC.
1(2))
...........
38
(4)
REGULATION
OF
ECONOMIC
ACTIVITIES
.....................................................................
39
(3)
APPOINTMENT
OF
PERSONNEL
(ART.
IX,
A,
SEC.
4)
....................................................
38
A. COMMISSION ON HUMAN RIGHTS ...................................................................... 40
(4)
SALARY
(ART.
IX,
A,
SEC.
3,
ART.
XVIII,
SEC.
17)
......................................................
38
(1)
COMPOSITION
AND
QUALIFICATION
OF
MEMBER
(ART.
XIII,
SEC.
17)
.............................
40
(5)
DISQUALIFICATIONS
(ART.
IX,
A,
SEC.
2)
..................................................................
38
(2)
POWERS
AND
FUNCTIONS
(ART.
XIII,
SECTIONS
18-19)
..............................................
40
TTL Constitutional Law 1 - Loanzon 4
CONSTITUTIONALISM AND THE {Sec 1, Art II Declaration of Principles & State Policies, 1987 Constitution}
The Philippines is a decmocratic and republican state. Sovereignty resides in the people and all
Political Sovereignty:
I. Concept of Sovereignty o influences in a state, legal and non-legal, which determine the course of law
o power of people to make amends, revises on constitution
A. THE PREAMBLE o Democracy
a system of government by the whole population or all the eligible members of a
state, typically through elected representatives
We, the sovereign Filipino people, impliring the aid of Almighty God, in order to build democratic state not only a representative (republican) state, but shares aspect
a just and humane society and establish a government that shall embody our ideals of direct democracy such as initiative & referendum [EDSA revolution achieved
and aspirations, promote the common good, conserve and develop our patrimony, through direct action of people]
and secure to ourselves and our posterity the blessings of independence and DEMO latin word for people, very essence of democracy, respecting peoples will
democracy under the rule of law and a regime of truth, justice, freedom, love, o Republic
equality and peace, do ordain and promulgate this Constitution a state in which supreme power is held by the people and their elected
representatives, and which has an elected or nominated president rather than a
monarch
Enacted by people powered by the preamble. Sovereign of the people republican state government authority emanates from the people BUT is
MEMORIZE. Together with Art 2. Art 4 citizenship. Art. 5 on suffrage exercised by representatives chosen by the people
{Bernas} right of suffrage
Function:
o Sets down origin, scope, and purpose of Consti Popular Government
o Guide in ascertaining meaning of ambiguous provisions in body of Consti
o Source of light o the name that is given to the government that is controlled by the people by election of
executives and legislators. {Law Dictionary}
Origin, Scope & Purpose o leader voted upon majority of people
o Power belongs to the people sovereign Filipino
o Shall embody peoples ideals & aspirations, democracy etc. Rule of Law
o common good projects idea of social order that enables every citizen to attain his/her o Government official have authority given and defined by law {Bernas}
fullest Authority to continue ONLY with consent of people
Ours is a rule of law and not of men
o Principle that law should govern a nation, as opposed to being governed by arbitrary
decisions of individual government officials. It primarily refers to the influence and authority
of law within society, particularly as a constraint upon behavior, including behavior of
government officials {The Dictionary}
o The rule of law is a system in which the following four universal principles are upheld:
{World Justice Project}
TTL Constitutional Law 1 - Loanzon 6
The government and its officials and agents as well as individuals and private Creation and establishment of BJE associative relationship of BJE and
entities are accountable under the law. Central Government
The laws are clear, publicized, stable, and just; are applied evenly; and protect Amendments to the existing legal framework to take effect upon signing
fundamental rights, including the security of persons and property. of Comprehensive Compact, w/ due regard to non-derogation of prior
The process by which the laws are enacted, administered, and enforced is agreements.
accessible, fair, and efficient. o PERTINENT LAWS:
Justice is delivered timely by competent, ethical, and independent representatives E.O. No. 3 - Defining Policy and Administrative Structure for Governments
and neutrals who are of sufficient number, have adequate resources, and reflect Comprehensive Peace Efforts
the makeup of the communities they serve. R.A. No. 7160 Local Government Code 1991
o {UN SecGen} R.A. No. 8371 Indigenous Peoples Rights Act of 1997
a principle of governance in which all persons, institutions and entities, public and 1987 Constitution
private, including the State itself, are accountable to laws that are publicly Sec 7, Art. III The right of the people to information on matters of public
promulgated, equally enforced and independently adjudicated, and which are concern shall be recognized. Access to official records, and to documents,
consistent with international human rights norms and standards. It requires, as and papers pertaining to official acts, transactions, or decisions, as well as
well, measures to ensure adherence to the principles of supremacy of law, equality to government research data used as basis for policy development, shall
before the law, accountability to the law, fairness in the application of the law, be afforded the citizen subject to such limitations as may be provided by
separation of powers, participation in decision-making, legal certainty, avoidance of law
arbitrariness and procedural and legal transparency." o ISSUE: (syllabus)
Did respondents violate consti and stat proviso on public consultation and right to
information when they negotiated and later initialed the MOA-AD
Read any material available in the internet. o PETITIONERS: Certiorari 65, Prohibition of signing of MOA-AD, Mandamus to disclose
contents of MOA-AD to public
C. NATURE OF THE PHILIPPINE CONSTITUTION Drafted terms of MOA-AD WITHOUT consulting LGUs or communities affected, nor
Province of Cotabato v. Government, 568 SCRA 402. Read concurring opinion of Puno, J. 583- inform them of proceedings
585: the exercise of sovereign power resides in the people; the power of self-determination Invoked right ot information governing MOA covering the issue of ancestral domain, though
we are not signatories, WE have a right to participate
belongs to the people Challeges the constitutionality of MOA-AD for creation of BJE state
Main Case: Not a political subdivision defined in Sec 1. Art X 1987: autonomous regions, prov, city, muni,
o NATURE: Certiorari 65, Prohibition, Mandamus. DIRECT action barangay. THIS BJE independent state which makes it unconstitutional. Gives power to local
o PETITIONER: Provinces affected by supposed BJE establishment, other interim parties governments
o RESPONDENT: GRP Peace Process o RESPONDENTS: Moot, subject to futher nego to resolve all outstanding issues. SolGen
o Nego of PA on Peace Process of the Philippines with the MILF paved way to the creation of complied with disclosure of MOA-AD
the Tripoli Agreement No justiciable controvery since MOA-AD remains to be a proposal not yet legally
o Said agreement discussed 3 main principles and agendas on security, rehabilitation, binding, prelimenary in character
and ancestral domain. Moot with satisfaction of reliefs prayed for and pronouncement no matter what the
2 follow up peace talks conducted, each with end result of signing Implementing SC decides, govt will not sign MOA
Guidelines for security and rehab. MOA in pursuance of peace efforts
MOA-AD to serve as implementing guide for ancestral domain, last aspect of nego Meant to protect certain rights of people covered by the MOA, done in pursuant to a
constitutional mandate of the general welfare clause.
under the carrying out of the Tripoli Agreement.
No standing, not part of MOA-AD, no business questioning, NOT signatories to the contract
MOA-AD contains contentious provisions, which assailed. o COURT: Majority have standing lest few, but will be looked over since issue is of
Inclusion of all people, indigenous and Bangsamoro alike, belonging in transcendental importance
enumerated areas to fall under BJE
Take cognisance because of transcendental importance, looking over legal standing
requirement
TTL Constitutional Law 1 - Loanzon 7
Matter of public interest and of transcendetal importance | because after all, associative nature of relationship provides for stepping stone to eventual separation and
sovereignty belongs to the people creation of individual state
Pet will be affected by MOA-AD, if they werent even informed. Will affect
substantive rights. II. The Supremacy of the Constitution
Can never deprive people of right to public information
The MOA-AD is a matter of public concern for it involves the sovereignty and A. THE CONSTITUTION AS THE FUNDAMENTAL LAW OF THE LAND
territorial integrity of the State. Matters of public concern covered by the right to
Di pwede magka-anak sa labas, lahat legal lang pwede. ALL LAWS must conform to the constitution.
information include steps and negotiations leading to the consummation of the
contract. In not distinguishing as to the executory nature or commercial character Marbury v. Madison, 1 Cranch 137 (1803) Read from the internet, see the facts and main issue
of agreements for resolution and the portion of the decision which laid down the rule why the Court may
Constitutional right to be informed on matters of public concern | conceded by intervene to reconcile a law subordinate to the Constitution)
respondent that it is public concern | involving sovereignty and territorial integrity
Access to info of gen interest aids the people in democratic decision making by Election season, assume that there will be questions of validity of appointments when theres a change in
giving them better perspective of the vital issues of nation xxx may be able to administration.
criticize & participate in affairs of government in responsible and reasonable FACTS:
manner o NATURE: Mandamus to deliver commision DIRECT to SC.
right to info contemplates inclusion of negotiations leading to the o Mando = mando = compelling to do a duty | mandamus = ministerial duty to implement the law, WILL
consummation of transaction people cant exercise right if not contract is NOT LIE, when public officers would exercise discretion [constituent duties].
o PETITIONER: Wiliam Marbury RESPONDENT: James Madison
consummated, and if consumated, may be too late for public to expose
o John Adams appointed William Marbury to be a Justice of the Peace in the District of
defects
Columbia,
PAPP GAD when he failed to carry out the pertinent public consultation also
implied form E.O. No. 3 of pets right to be consulted on the peace agenda, as commission had been signed by the relevant federal official (in this instance, of
course, John Marshall himself, acting in his capacity as Secretary of State in the
a corollary to the constitutional right to information and disclosure
outgoing Adams Administration).
PUNO opinion quoting Dean Vicente Sinco [nature of constitution on
syllabus] right originated in an act of Congress passed in February 1801, Organic Act,
concerning the District of Columbia. Divided the district into two counties, the 11th
Constitution written instrument w/c serves as the fundamental law of the state
section of this law enacts,
It is the creation of the will of the people, who are deemed the source of
that there shall be appointed in and for each of the said counties, such
all political powers. It provides for the organization of the essential
number of discreet persons to be justices of the peace as the president of
departments of govt, determines and limits their powers, and prescribes
the United States shall, from time to time, think expedient, to continue in
guarantees to the basic rights of individuals
office for five years.[] It appears from the affidavits,
Considered as compact agreement of the people, in their indiv capacities,
PETITIONER was commisioned, which was signed by John Adams, then president
reduced to writing, establishing and fixing certain principles for govt of of US; after which the seal of the US was affixed;
themselves
Issuance of mandamus, questioned withholding of appointment.
Social contract obligatory on all parties and revocable by no one
Appointment was done in accordance with the law
individual or group less that the majority of the people
President apopinted him in the exercise of his prerogative. [only president can
*other issue* MOA-AD violative of Constitution, GAD: any provision xxx requiring appoint a judge]
amendments to the existing legal framework shall come into force upon the signing Im being deprived the right to enjoy what was given to me
of a comprehensive compact and upon effecting the necessary changes to the legal RESPONDENT: BUT the new Secretary of State, James Madison, refused to
framework. [guaranteed MILF amendments to consti, violative of authority | deliver the signed commission to Marbury. Thomas Jefferson refused to honor the
exceeded their authority in doing so] commissions, claiming invalidity because had not been delivered by the end of
COURT: YES, on the consti infraction [proviso to amend consti amongs others] in Adamss term.
itself enough reason to declare unconstitutional. Conduct and process executed in Mandamus will not lie, not the remedy.
nego, constitutionally infirm
TTL Constitutional Law 1 - Loanzon 8
Marbury does not have a right to commission, not been delivered under adams Critics say Marshall was wrong because being a judge, Marbury fell into the cases
term. PROCEDURE not followed. affecting ambassadors and other public ministers and consuls
President enjoys power to appoint judges or justices PROVIDED that he follows the o COURT:
law Mandamus not issued. Procedure was not followed
Petitioner filed suit, writ of mandamus, before the Supreme Court invoking its Supremacy of constitution over Judiciary Act must conform
original jurisdiction and asking ordering Madison to convey to him what was Procedure under the Judiciary Act was followed, invalidated the issuance of the
rightfully his. appointment PROCEDURE IS ACTUAL NOTICE
ISSUES & HOLDING *are actually not connected to doctrine syllabus is looking for [Marshall seemed to CAN perform judicial review WHENEVER theres a question of law. Not look at wisdom
have just vented for no apparent reason, WHICH, tbf, became a super legit doctrine]* of statutes, but implementation thereof
o Did Marbury have a right to the commission? YES. Delivery of commission is not the final
act of being commissioned but rather the placing of seal by Sec of State B. THE CONSTITUTION AND THE THREE BRANCHES OF GOVERNMENT
o Do the laws of the country give Marbury a legal remedy? YES. Judiciary Act of 1789 gave Read Articles VI, VII and VIII of the Constitution
the SC jurisdiction over writs of mandamus.
Marbury had argued that the Constitution was only intended to set a floor for Legislative comes before other two because ALL members are placed by direct vote
original jurisdiction that Congress could add to. Marshall disagreed, saying that Executive, heads are elected, the rest appointed, although LGUs are elec
Congress does not have the power to modify the Supreme Court's original Judiciary = most passive branch, people only go to court when they have problems [last bastion of the
jurisdiction. [separation of powers: went on discussing principle of ministirial duty vs constituion]
constituent duty of executive officials | IF the former, they have jurisdiction | IF latter, no, Sanlakas v Exec Sec when president abandoned his post, considered as constructive resignation
since purely political and based upon their discretion.] {MARK THIS CASE}: Demetria v. Alba, 148 SCRA 208 (1987), concentrate on pp. 209-210; pp. 214-
ALSO found that the Constitution and the Judiciary Act conflict. [paved way to 218: the enactment of an appropriations act strictly belongs to the legislative branch; no
lengthy discussion on, if and when the consti and a law are in conflict, which would funds under the G.A.A. may be transferred from one item to the other without congressional
prevail syllabus doctrine] action
The Government of the United States has been emphatically termed a
government of laws, and not of men implying that a separate entity Main case:
prevails over things which man, in the form of Congress, may alter at will o Direct action, relief for in junction
affirmed principle of judicial review: acts of Congress in conflict with the o PETITIONERS: concerned citizens of the country | RESPONDENTS: Hon. Alba,
Constitution are not law and the Courts are bound instead to follow the minister of the Budget
Constitution, (citing in oath, CONSTI came before laws of the US thus o NATURE: Certiorari for prohibition. Preliminary injunction Direct to SC
consti must always prevail) o FACTS: Pet constitutionality of Sec, 44 PD No. 1177.
To what purpose are powers limited, and to what purpose is that limitation The President shall have the authority to transfer any fund, appropriatd for the
committed to writing, if these limits may, at any time, be passed by those different departments, bureas, offices, and agencies for the Executive Department,
intended to be restrained which are included in the GAA, to any program, project, activity of any department,
o Is asking the Supreme Court for a writ of mandamus the correct legal remedy? YES but bureau, or office included in the GAA or approved after its enactment
then SC ha no jurisdiction. sooooo denied injunction = to maintain status quo
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those taxpayers, we pay taxes, you use what we pay | members of interim Batasan pambansa
in which a State shall be a Party, the supreme Court shall have original Jurisdiction. (National Assembly)
In all the other Cases before mentioned [within the judicial power of the United FILED during martial law.
States], the supreme Court shall have appellate Jurisdiction, both as to Law and Invalid transfer of funds by the Executive Brance by a PD, didnt go back to Congress for
Fact, with such Exceptions, and under such Regulations as the Congress shall amendment
make. U.S. Constitution, Article III, Section 2, Clause 2 Encroachment of powers of legislative branch, power to enact GAA under 1973 constitution
Judiciary Act of 1798 proviso mandating and extending SCs jurisdiction is in ^^ 1) authorizes illegal transfer of public money 2) fails to specify objectives and
conflict with ^^ purpose 3) allows Pres to override safeguards, form & procedure prescribed by
SC would have jurisdiction over mandamus IF nature is an appeal consti 4) undue delegation of legislative powers to exec 5) continued transfer: w/o
TTL Constitutional Law 1 - Loanzon 9
or in excess of their authority and jurisdiction 6) change in admin theres a need to GENERAL RULE: The interpretation (or declaration) of unconstitutionality is retroactive in that it
hold resolution applies from the laws effectivity.
Res 1) legal standing, begging advisory only 2) no justiciable controvesy, enacted
pursuant to Sec 16[5] Art VIII 1973 consti 3) rejoinder abrogatin of < by Freedom EXCEPTION: OPERATIVE FACT DOCTRINE {a bit related to Art. 5 RPC}
Consti, rendered petition moot. Subsequent declaration of unconstitutionality does not nullify all acts exercised in line with [the law].
No law shall be passed authorizing any transfer of appropriations, The past cannot always be erased by a new judicial declaration. [Municipality of Malabang v. Benito
however the President, Prime Minister, Speaker, Chief Justice of the SC and (1969), citing Chicot County {also cited in Taada v. Tuvera}]
the heads of ConComs may by law be authorized to augment any item in o Implies is that a law remains to be operative and constitutional until the same has been
the GAA law for their respective offices from savings in other items of their declared void.
respective appropriations o based on fair play and equity. It operates when the declaration of a law's unconstitutionality
Pet has no legal standing, exercise of power of pres to transfer funds was allowed will result in undue burden to those who rely on the law that is presumed to be
under 1973 constitution. legal and constitutional until declared otherwise.
Matter has become moot and academic on the grounds of abrogation of said retroactive application to a declaration of unconstitutionality would be unfair
proviso 1987 constituion already in effect. inasmuch as such approach would penalize the farmers who merely obeyed then
valid laws.
Court go forth with case, abrogation of ^^ not grounds to dismiss case since it is entitled to obedience and respect, recognizing that the existence of a statute
LARGER issues invoved prior to a determination of unconstitutionality is an operative fact and may have
Legal standing: have interest in the case as taxpayers and as members of National consequences which cannot always be ignored. The past cannot always be erased
Assembly by a new judicial declaration. [Yap v. Thenamaris Ships Management]
PD UNCONSTI for encroaching on the prerogative of legislative under 1973
Even with extraordinary circumstances, constitution is always in effect. Tanada v. Tuvera, 136 SCRA 27(1985) focus on pp. 33-35; pp. 40-41: even under extraordinary
Not moot and academic, not acting in the sphere of responsibility | whats in
circumstances, a law must be published; the Civil Code provision on effectivity of laws will
question are acts done prior to 1987 consti. Operative fact. When the law is valid,
everyone has to follow the law. When its not valid, cant invoke as defense apply unless the law provides for another date of effectivity
Have right to look at abuses so as to not happen again. GUIDE for bench Main Case:
FUNCTIONS OF JUDICIAL REVIEW: o NATURE: Mandamus. Direct to SC
1. Legitimizing function: when law says valid, not valid, it legitimizes the law o PETITIONER: Lorenzo Tada RESPONDENT: Juan Tuvera, Exec Assistant office of the
2. Checking: SEPARATION OF POWERS checks and balances of powers, no to encroachment of fucntions Pres
of each separate branches.
o FACTS: Petitioners sought to compel respondent public officials to publish and/or
3. Symbolic: Expanded power of judicial review, even if a matter had become moot and academic, will
publication in the OG of various PDs, LOIs, General Orders, Presidential Proclamations,
take a pro~ approach when issues are of public interest and of transcendental importance, provide
guide so future members of bench, bar, may refer to that if a similar situation is to happen in the
Executive Orders, Administrative Orders. Respondents countered suit by saying
future petitioners have no legal standing making legal personality required in instituting
o ISSUE: WON Sec 44, PD No. 1177 is unconsti. YES. Null and void for being such mandamus. Petitioners: concerns a public right and performance of public duty, so right
o RATIO: separation of powers to compel.
Executive acted beyond scope of consti powers, WHEN President was allowed to o Direct action, Mandamus to publish | Decided during martial law, Marcos has powers of both exec and
transfer funds TO ANY program etc in the GAA, 1) no distinction if the transferred legislative
funds are savings 2) cross-border transfer Petitioner Respondent Court
Tanada: relief mandamus Tuvera
C. OPERATIVE FACT DOCTRINE Legal standing as tax payers, No legal standing, they do not Publication is need, Sec 1
persons whose rights are suffer any injury. Failed to site Commonwealth
Read any material available in the internet. affected SPECIFIC PDs LOIs that cause
For the bar, pay attention to cases with dates. Looking into if you pay attention to details them injury
- one who goes to court must
come with a
TTL Constitutional Law 1 - Loanzon 10
Ask SC to issue, require Office Invoked NCC provision on Essence of due process is end of the year. IF you not
of President to publish ALL PDs publication [Art. 2 NCC] NOTICE [sec. 1 art. III] earmarked budget then converted
LOIs, and other issuances | includes OG. - required in the law, persons into savings
Invoking voliation of due rights are against the law must Impounded money allocated by
process be put notice congress by getting the money
Substantive rights o Who has the right to appropriate savings: President (only refers to OP proper), Sen Pres, Speaker of
HOR, CJ, Heads of CSC, COMELEC, COA
o o DOCTRINES:
o RESPONDENTS: publication in OG is not a sine que non requirement for effectivity. Not CROSS-BORDER transfer of funds are constitutionally infirm. Constitutional basis:
indispensable for effectivity IMPOUNDMENT OF FUNDS is only when theres a discontinue of public funds
o PERTINENT LAWS: appropriated to Congress, upon the discretion of the President. | Jurisprudence:
Sec 6, Art VI, 1973 Consti = Peoples right to be informed on matters of public PhilConsti Assoc v Enriquez
concern OPERATIVE FACT DOCTRINE: Prior to a law/statute/act is nullified, its existence as a
Art. 2, Civil Code = Laws shall take effect after 15 days following the completion of fact must be reckoned with. May have consequences which cannot justly be ignored.
their publication in the OG unless it is otherwise provided. Past cannot always be erased by a new judicial declaration.
o ISSUES: WON publication is sine qua non requirement for effectivity Defined further term executive act including not only quasi-legislative in
o HELD: NOOOOOO. With qualification, respondents to publish issuances, WHICH are of nature, but also quasi-judicial
general application, and unless so published, they shall have no binding force and effect. Broad enough to encompass decisions of admin bodies and agencies under
o DOCTRINE IN SYLLABUS: extraordinary circumstance where President has power to exec dep, which are subsequently revoked by agency questioned of nullified by
legislate laws. Issuances/Laws presented in media, selected, PEOPLE no way of coming to court.
know of Presidential law-making process. W/O publication, people would have no means of o NATURE OF PETITION: Certiorari under Rule 65. Direct action to SC.
knowing what PDs have been promulgated. o PETIONER: Petitioners assailed constitutionality of DAP, allowing Executive to
allocate/transfer funds out of savings to augment appropriations of offices, NOT limited to
{MARK THIS CASE}Araullo v. Aquino, G.R. No.
209287, 1 July 2014; Read the facts and Part 6 of the just the Executive branch of Government stated Sec. 29(1) Art. VI of 1987 Consti no
main decision only: while DAP is not unconstitutional, cross border transfer of funds is money shall be paid out of the Treasury except in pursuance of an appropriation made by
law.
unconstitutional; read discussion on the impoundment of public funds under approved
o RESPONDENTS: Through Sec Abad and Hon. Mendoza, contended:
budget and the power to discontinue use of public funds 1) DAP been executed since 2011. 2) Great purpose of the Executive pushing
*this is quite comprehensive, relevant parts, Doctine v and summary at the end* agencies to spend money appropriated to them.
o Direct action, certiorari, prohibition and mandamus 3) President has discretion to do such [stated consti provision], given that there
Petitioner Respondent Court was a request AND need by other branches of government (COA & HOR) 4)
Araullo et al. Aquino III Transfer of funds to be considered aid and not augmentation.
Taxpayers suit: Funds came from line agencies, Partial Granting o ISSUE: relevant to syllabus: WON DAP, NBC No. 541 and other related issuances of DBM
Legal standing as required to surrender their funds to Legal standing: YES, taxpayers, and are constitutional. WON the Doctrine of Operative Fact is applicable.
tax payers, persons executive, before the end of fiscal funds are being assailed o HELD: NAAAH. Partially GRANTS the petitions for certiorari and prohibition; and
whose rights are year. LOGIC dictates that savings can DECLARES the following acts and practices under the Disbursement Acceleration Program,
affected be known only at the end of the National Budget Circular No. 541 and related executive issuances UNCONSTITUTIONAL for
period budget was alloted. being in violation of Section 25(5), Article VI of the 1987 Constitution and the doctrine of
No public funds can be spent if not separation of powers, DAP constitutional
in appropriation, WHEN president o RATIO: (court)
issued EO, violative of GAA (would
NBC No. 541: discussion below w/ regards to cross-border transfer of funds.
presume all amount of money
DBM and Exec department, in essence, acted in excess of their jurisdiction.
would be spent for those listed)
Encroachment on the power of purse belonging to the legislative.
Savings: year must come at the
TTL Constitutional Law 1 - Loanzon 11
Though unconstitutional, operative fact doctrine should be applied due to extra- definition: Exec to refuse to spend funds for political or ideological reasons [reason for
ordinary circumstance of the case, AND if doctrine not applied, absolute nullity of transfer, mentioned above, WAS A NEED to continue performance of duty COA, HOR] stat
DAP could literally cause physical undoing of such worthy results by destruction, basis: Sec 38, Chapter 5 Book VI Administrative Code: President granted authority to
would then result to most undesirable wastefulness. suspend/stop further expenditure to ANY agency whenever his judgment the public interest
is required.
CROSS-BORDER TRANSFER/AUGMENTATIONS: o COURT: YES, no legal support. NO, not considered impoundment.
Phrase in GAA 2011 & 12 for their respective offices delineated borders between offices. Such are o Phil Consti Assoc v Enriquez defined impoundment:
prohibited from crossing over to another office EVEN in the guise of augmentation Refers to refusal by president, for whatever reason, to spend funds made available
o Oral Arguments: by Congress. Failure to spend or obligate budget authority of any type.
o J Bersamin asked Abad if in his entire time in DBM, had the Exec dept ever redirect any Impoundment in GAA definition: retention or deduction of appropriations. And is
part of savings of National Government cross border to another department. YES. Two authorized ONLY in case of unmanageable Natl Govt budget deficit [Sec 67,
instances BUT tenor of consti provision is CLEAR that it is allowed ONLY for respective Chapter 5 Book VI of E.O. No. 292]
offices o THUS withrawal of unobligated allotments by DAP NOT impoundment, COZ only retention
o HOR request to build e-lib. Lacked 43m to complete 250m. COA observed they have to not reduction or deduction
continue building or else equipments amongst others would suffer from deterioration. | o SUMMARY: President has power to discontinue use of public funds ONLY if it falls under
COA also needed IT equipments in said building cases enumerated under Unmanageable National Government budget deficit |
o Take note of the request [could this be the 50m estrada was referring to?] impoundment of funds ^^
o President saw it was important for litigators and commission, granted request.
Abad: we felt prohibition was on the transfer of appropriations thats
how we saw (interputed) III. The Philippine Constitution
Bersamin: So your position as Secretary of Budget is that you could do
that? A. CONSTITUTION DEFINED; PURPOSES
Abad: In an extreme instance because (interupted)
Bersamin: No, no, in all instances, extreme or not extreme, you could do Definition: the body of rules and maxims in accordance with which the power of sovereignty
that, thats your feeling. LOL are habitually exercised. (Cooley)
(too funny not to include)
Purposes: to provide for a framework of government, identify basic structures of
o Executive transferred 144m and 250m to COA and HOR [equality nga naman daw LOL]
Respondent contention: Consti not prevent Pres from transferring saving of his dept government and assign their respective powers and duties, establish principles
to another department UPON latters request, PROVIDED receipient dept will use upon which the government is founded and its relationship to its constituents.
funds to augment own appropriation
Constitutions classified:
Mendoza contention: governments position some transfers of savings considered to
be AID not AUGMENTATION, residual powers labelled in Marcos v Manglapus, in * Written or unwritten;
very extra-ordinary situation written unwritten
o NBC No. 541 (Adoption of Operational Efficiency Measure Withdrawal of Agencies Precepts embodied in one Rules not integrated into a single, concrete form (scattered):
Unobligated Allotments as of June 30, 2012), alleging that NBC No. 541, which was issued document or set of documents. statutes, judicial decision, commentaries, customs, traditions)
to implement the DAP,
* Rigid or flexible;
IMPOUNDMENT OF PUBLIC FUNDS: rigid flexible
o Petitioners: no law authorizing withdrawal and transfer of unobligated allotments and May not be amended except through a special May be changed in the same manner and
unreleased appropriations - > only allowed in cases of unmanageable national process distinct in form. [purpose: to make it through the same body that enacts ordinary
government budget deficit UNDER the GAAs difficult to change = greater degree of stability] legislation (Brit Consti)
o Respondents: NBC No. 541 adopted spending NOT saving, in an effort of Executive to push
agencies to actually spending appropriations, NOT impoundment scheme. Impoundment
TTL Constitutional Law 1 - Loanzon 12
(4) The national police, Art. XVI, Sec. 6 (a) Ownership and management of mass media, Art. XVI, Sec. 11(1)
{Sec 6, Art XVI - General Provisions, 1987 Constitution} {Sec 11(1) Art XVI - General Provisions, 1987 Constitution}
The State shall establish and maintain one police force, which shall be national in scope and (1) The ownership and management of mass media shall be limited to citizens of the Philippines, or
civilian in character, to be administered and controlled by a national police commission. The to corporations, cooperatives or associations, wholly-owned and managed by such citizens.
authority of local executives over the police units in their jurisdiction shall be provided by law.
The Congress shall regulate or prohibit monopolies in commercial mass media when the public
interest so requires. No combinations in restraint of trade or unfair competition therein shall be
allowed.
(5) The retirement and other benefits: War veterans, Art. XVI, Sec. 7; and
{Sec 7, Art XVI - General Provisions, 1987 Constitution} (b) Ownership of advertising companies, Art. XVI, Sec. 11(1), Art. XVIII, Sec. 23
The State shall provide immediate and adequate care, benefits, and other forms of assistance to war
veterans and veterans of military campaigns, their surviving spouses and orphans. Funds shall be {Sec 23, Art XVIII - Transitory Provisions, 1987 Constitution}
provided therefor and due consideration shall be given them in the disposition of agricultural lands Advertising entities affected by paragraph (2), Section 11 of Article XV1 of this Constitution shall have
of the public domain and, in appropriate cases, in the utilization of natural resources. five years from its ratification to comply on a graduated and proportionate basis with the minimum
Filipino ownership requirement therein
Flag of convenience refers to a state with which a vessel is registered for various reasons upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under
such as low or non-existent taxation or low-operating costs although the ship has no conditions provided by law, to render personal, military or civil service.
genuine link with that state. (Harris, ibid. p.425)
Macquiling Arnado Court 2.4. Government: Structure and Territorial, Personal, and Extra-territorial Jurisdiction
Macquiling intervenor in Was elected as Mayor (questioned by Petition granted:
opossition | intervened if he was elected vice mayor) When arnado filed his COC, he governement is a buerocracy. Terrirorial, personal, and extra-territorial (crim law, embassy, PAL, extra-territorial)
disqualified, then I should be - alleged he was natural born was no longer a Filipino Citizen
proclaimed the winner, because I - became an American citize, but was The use of a foreign passport is B. Citizenship, Art. IV
was second to him. Law of subsequently repatriated under R.A. a proof of ones nationality
succession would not apply 9225 J udicial, A dministrative, L egilative can be acquired (JAL- shushal)
- thus reverting back to a Filipino Good law: second placer can be (1) NATURAL-BORN CITIZENS ART. IV, SEC. 2
citizen declared winner if COC of
candidate void ab initio
Balua questioned citizenship of Arnado, {Sec 2, Art IV - Citizenship, 1987 Constitution}
based on the use of American Passport Natural-born citizens are those who are citizens of the Philippines from birth without having to
when travelling after supposed
perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine
renunciation
citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.
Ho v. Republic and Gui G.R. No. 130115 July 16, 2008: right of the state over lands of Those who were born in the US: still Filipino.
public domain Philippines follow jus sanguini
When Vicente has come of age, registration of property can be transferred to him. Deceased was a chinese Other countries, like US, jus soli (soil, lanc)
citizen, thus cant own land. Sold to sibs-in-law, then Misc Sale in favor of Gui
Ho et al Vicente Gui (republic) Court
Wanted property left by the Republic as a party litigan! Under Petition denied. The following are citizens of the Philippines:
deceased to be partitioned regalian doctrine: the State owns -since state owns the land, (1) Those who are citizens of the Philippines at the time of the adoption of this Constitution;
to all siblings everything, so land is owned by the disposition thereof is limited to (2) Those whose fathers or mothers are citizens of the Philippines;
state, so yes. Filipinos
(3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon
Property was only put under OSG: primary opossitor with issues Simulated sales can never be legal.
the name of Gui for regarding citizenship | opposed the 1. By giving sister-in-law money, reaching the age of majority; and
convenience, property was transactions, and contention of the Chinese national circumvented (4) Those who are naturalized in accordance with law.
therefore held in trust for siblings: COURT: we cant, from the start, the law prohibiting aliens to
the family transfer was void, will not produce any own land
legal effect 2. Then when Gui was of age, was {Sec 3, Art IV - Citizenship, 1987 Constitution}
RTC: sales were simulated transferred to him W/O Philippine citizenship may be lost or reacquired in the manner provided by law.
but donation was valid GUI: claimed ownership by virtue of the consideration. THUS such was a
title donation Reacquisition under RA. 9225
- transfer was effected through sale of
the property
CA: deceased is not qualified Property ownership was reverted
to own property. The back to State, so improvements are
{Sec 4, Art IV - Citizenship, 1987 Constitution}
ownership of respondent the only ones that can be divided Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or
was valid and partitioned. Intent of deceased omission, they are deemed, under the law, to have renounced it.
[principle of indefeasiblity of made a mockery
title under the Torrens
system] Improvements can
be partitioned {Sec 5, Art IV - Citizenship, 1987 Constitution}
Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.
TTL Constitutional Law 1 - Loanzon 19
What the consti does not allow is dual alligeance, not citizenship
Public Officers who must be natural born citizens: * Ombudsman and his deputies, Art. XI, Sec. 8
All the ombudsmans
* President Art. VII, Sec. 2
{Sec 8, Art XI ACCOUNTABILITY OF PUBLIC OFFICERS, 1987 Constitution}
{Sec 2, Art VII Executive Department, 1987 Constitution}
The Ombudsman and his Deputies shall be natural-born citizens of the Philippines, and at the time of
No person may be elected President unless he is a natural-born citizen of the Philippines, a registered their appointment, at least forty years old, of recognized probity and independence, and members of
voter, able to read and write, at least forty years of age on the day of the election, and a resident of the Philippine Bar, and must not have been candidates for any elective office in the immediately
the Philippines for at least ten years immediately preceding such election. preceding election. The Ombudsman must have, for ten years or more, been a judge or engaged in
the practice of law in the Philippines.
Grace Poe case now
* Vice President Art. VII, Sec. 3
During their tenure, they shall be subject to the same disqualifications and prohibitions as provided
for in Section 2 of Article 1X-A of this Constitution.
{Sec 3, Art VII Executive Department, 1987 Constitution}
There shall be a Vice-President who shall have the same qualifications and term of office and be
elected with, and in the same manner, as the President. He may be removed from office in the same * Members of the Constitutional Commission, Art. IX, B, Sec. 1 (1); C, Sec. (1); and D,
manner as the President. Sec. 1(1)
COA(3), COM.E.LEC (7 2 divisions, and one chairman), CSC(3)
* Members of Congress Art. VI, Sections 3 and 6 {Sec 1 (1), Art, IX B. THE CIVIL SERVICE COMMISSION, 1987 Constitution}
The civil service shall be administered by the Civil Service Commission composed of a Chairman and two
{Sec 3 & 6, Art VI Legislative Department, 1987 Constitution}
Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at
3. No person shall be a Senator unless he is a natural-born citizen of the Philippines and, on the day least thirty-five years of age, with proven capacity for public administration, and must not have been candidates
of the election, is at least thirty-five years of age, able to read and write, a registered voter, and a for any elective position in the elections immediately preceding their appointment.
resident of the Philippines for not less than two years immediately preceding the day of the election.
{Sec 1 (1), Art, IX C. THE COMMISSION ON ELECTIONS , 1987 Constitution}
6. No person shall be a Member of the House of Representatives unless he is a natural-born citizen of There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-
the Philippines and, on the day of the election, is at least twenty-five years of age, able to read and born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of
write, and, except the party-list representatives, a registered voter in the district in which he shall be a college degree, and must not have been candidates for any elective positions in the immediately preceding
elected, and a resident thereof for a period of not less than one year immediately preceding the day elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have
of the election. been engaged in the practice of law for at least ten years
* Members of the Central Monetary Authority, Art. XII, Sec. 20 Who are qualified to be naturalized? Sec. 2
Filipino for the purposes of using Philippine Peso
{Sec 2, Com. Act No. 473}
{Sec 20, Art XII National Economy and Patrimony, 1987 Constitution}
Qualifications. Subject to section four of this Act, any person having the following qualifications
The Congress shall establish an independent central monetary authority, the members of whose may become a citizen of the Philippines by naturalization:
governing board must be natural-born Filipino citizens, of known probity, integrity, and patriotism, the First. He must be not less than twenty-one years of age on the day of the hearing of the petition;
majority of whom shall come from the private sector. They shall also be subject to such other Second. He must have resided in the Philippines for a continuous period of not less than ten
qualifications and disabilities as may be prescribed by law. The authority shall provide policy direction years;
in the areas of money, banking, and credit. It shall have supervision over the operations of banks and Third. He must be of good moral character and believes in the principles underlying the
exercise such regulatory powers as may be provided by law over the operations of finance companies Philippine Constitution, and must have conducted himself in a proper and irreproachable manner
and other institutions performing similar functions. during the entire period of his residence in the Philippines in his relation with the constituted
government as well as with the community in which he is living.
Until the Congress otherwise provides, the Central Bank of the Philippines operating under existing Fourth. He must own real estate in the Philippines worth not less than five thousand pesos,
laws, shall function as the central monetary authority Philippine currency, or must have some known lucrative trade, profession, or lawful occupation;
Fifth. He must be able to speak and write English or Spanish and any one of the principal
Philippine languages; and
* Members of Commission on Human Rights Art. XIII, sec. 17 (2) Sixth. He must have enrolled his minor children of school age, in any of the public schools or
Dapat Filipino, private schools recognized by the Office of Private Education1 of the Philippines, where the
Philippine history, government and civics are taught or prescribed as part of the school
curriculum, during the entire period of the residence in the Philippines required of him prior to
{Sec. 17 (2), Art XIII Social Justice & Human Rights, 1987 Constitution} the hearing of his petition for naturalization as Philippine citizen.
The Commission shall be composed of a Chairman and four Members who must be natural-born
citizens of the Philippines and a majority of whom shall be members of the Bar. The term of office
and other qualifications and disabilities of the Members of the Commission shall be provided by law When is the 10-year residence requirement reduced to 5 years? Sec. 3
Married, diplimatic core, invented useful invention
Former natural born citizens as transferees of private lands, Art. XII, Sec.8
{Sec 3, Com. Act No. 473}
Special qualifications. The ten years of continuous residence required under the second condition of
{Sec 8, Art XII National Economy and Patrimony, 1987 Constitution} the last preceding section shall be understood as reduced to five years for any petitioner having any
Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the Philippines of the following qualifications:
who has lost his Philippine citizenship may be a transferee of private lands, subject to limitations (1) Having honorably held office under the Government of the Philippines or under that of any of
provided by law. the provinces, cities, municipalities, or political subdivisions thereof;
(2) Having established a new industry or introduced a useful invention in the Philippines;
Section 7 rule generally accepted and adhered to in PIL, and rules on succession
(3) Being married to a Filipino woman;
(4) Having been engaged as a teacher in the Philippines in a public or recognized private school
(2) NATURALIZED CITIZENS UNDER COM. ACT NO. 473 not established for the exclusive instruction of children of persons of a particular nationality
judicial act. Needs judicial declaration. RTC initial filing. NOT MTC, RTC!! or race, in any of the branches of education or industry for a period of not less than two
years;
(5) Having been born in the Philippines.
TTL Constitutional Law 1 - Loanzon 21
Effect on wife and minor children, Sec. 15 naturalization certificate shall be forwarded by the clerk of the Court to the Department of
the Interior and the Bureau of Justice.
5. If it is shown that the naturalized citizen has allowed himself to be used as a dummy
{Sec 15, Com. Act No. 473} requiring Philippine citizenship as a requisite for the exercise, use or enjoyment of a right,
Effect of the naturalization on wife and children.Any woman who is now or may hereafter be franchise or privilege.
married to a citizen of the Philippines, and who might herself be lawfully naturalized shall be deemed
a citizen of the Philippines.
Minor children of persons naturalized under this law who have been born in the Philippines shall be
considered citizens thereof. Tak Ng v. Republic, G.R. L-13017, December 23, 1959
A foreign-born minor child, if dwelling in the Philippines at the time of the naturalization of the
parent, shall automatically become a Philippine citizen, and a foreign-born minor child, who is not in
Tak Ng OSG Court
the Philippines at the time the parent is naturalized, shall be deemed a Philippine citizen only during
Chinese national, filed for citizenship Opposed petition based Tak Ng doesnt deserve to become a
his minority, unless he begins to reside permanently in the Philippines when still a minor, in which under CFI, on evidence gathered Filipino Citizen
case, he will continue to be a Philippine citizen even after becoming of age. 1) Possess all qualifications, 1) Tak Ng at the time perjured himself 3x, never declared
A child born outside of the Philippines after the naturalization of his parent, shall be considered 2) none of the disqualifications of hearing was relationship and children
a Philippine citizen, unless one year after reaching the age of majority, he fails to register himself as a 3) Dec of Intention & petition for already married to never declared conviction
Philippine citizen at the American Consulate of the country where he resides, and to take the naturalization [both under oath]: a Filipina - good moral character lacking:
necessary oath of allegiance declarerd he was single, not married, 2) Have had three conviction and non-disclosure of
w/o children children with material facts surrounding personal
Filipina wife circumstances
Denaturalization, Sec. 18 Owner of establishment is guilty of 3) Had a conviction for Illogical and absurd if not guilty because
profiteering, not him profiteering (moral he pleaded guilty
If one engages in anarchy, poligamy, overthrow the government, will be denaturalized turpitude issue)
SEC. 3. Retention of Philippine Citizenship. Any provision of law to the contrary notwithstanding,
natural-born citizens of the Philippines who have lost their Philippine citizenship by reason of their
naturalization as citizens of a foreign country are hereby deemed to have re-acquired Philippine
TTL Constitutional Law 1 - Loanzon 24
Mark this!! Important for the bar. Staple question in the bar. STRESS ON THIS FACT Special agent:
^^ is a generally accepted principle in PIL. PREMISE 1) king can do no wrong 2) cannot disrupt government - one who receives a definite and fixed order or commission, foreign to the exercise of the duties of his
functions, as long as they impair duties office if he is a special official [Merrit v Govt Phil Islands]
- Vicarious laibility of special agents: if he performs regular functions while being a special agent: NOT an
(1) BASIS, ART. XVI, SEC. 3 agent [USA v Guinto] Art. 2180 (6) NCC
GENERAL RULE: no property resource, funds assets, cannot be garnished
Money claims arising from contracts
{Sec 2, Art XVI - General Provisions, 1987 Constitution} [Act. No 3083]
The State may not be sued without its consent. Yujuico v. Atienza, 472 SCRA 463: filing of an expropriation case allows the court to
have jurisdiction over a local government unit
Department of Agriculture v. NLRC, 227 SCRA: governmental function distinguished with Republic v. Hidalgo, 534 SCRA 619: fixing lease is a factual matter for determination
proprietary function of the trial court
Dept of Agri agreement with SSA for security guards To determine just compensation: 1) character of property 2) value of property at the time of the taking
2 contracts involved: a. SSA with employees b. Dept of Agri with SSA Torts committed by special agents under the Civil Code, Art. 2189 (Consent to be sued
includes actions for tort)
(2) WHEN A SUIT IS AGAINST THE STATE AND WHEN IT IS NOT
it is (regardless of who is named defendant is) it aint
(1) produces adverse consequences to public (1) to compel officer charged to perform a
{Art. 2189, New Civil Code of Philippines}
treasury [disburment of funds; loss of ministerial duty Provinces, cities and municipalities shall be liable for damages for the death of, or injuries
govt property] (2) when the officer is sued in his private suffered by, any person by reason of the defective condition of roads, streets, bridges,
(2) cant prosper unless State has given capacity public buildings, and other public works under their control or supervision.
consent (3) when the action is not in personam with
the govt as named defendant, but in an Teotico v. City of Manila, 22 SCRA 267 (1968): a local government unit may be held liable for
action in rem that doesnt name the quasi-delict under a special provision of the Civil Code
government in particular
TTL Constitutional Law 1 - Loanzon 25
Incorporation of government owned or controlled corporations property rights of a private individual; read on the concept of unjust enrichment and the
Specific rules: depends on whether agency is incorporated or uninconporated principle of inequity
Incorporated Erected a school building on the side of the property. Now subject of a dispute
- Has a separate character from government: DepEd, GSIS, SSS DECS Oate Court
- IF charter provides that the agency can sue: will lie [considered an express consent] Recipient of a donation of a parcel Original owner
Unincorporated of land from Mun of Daraga - DECs must return or pay for the
- Doesnt have a separate personality property it is occupied
- Inquiry on the principal functions of government IF: Mun Daraga was recipient of Deed Oate: not guilty of laches because
of Donation from Oate it brought to the attention of DECs
o governmental: jure imperii NO suit if NO consent
the discrepancy in the lot he
o prorietary: jure gestonis YES state descends to the level of a private
obtained by way of extrajudicial
individual, and therefore vulnerable to suit partition
SUMMARY: Oate is guilty of laches for over
Type Function Rule 50 years
governmental
Incorporated CAN be sued IF charter allows it
proprietary
governmental CANT unless consent given (4) SCOPE OF CONSENT
Unincorporated
proprietary CAN be sued - Consent to be sued is not concession of liability.
- When state waives its sovereign immunity: Only giving consent the CHANCE to prove that he
PNR v. Kanlaon Construction, Inc., G.R. No. 182967, Apr. 6, 2011: liability under a contract can is liable
only attach if all requirements of law may been fully satisfied
Chavez v. Sandiganbayan, 193 SCRA 282: a public officer cannot be held liable under a
Spouses Jayme v. Apostol G.R. No. 163609, Nov. 27, 2008: liability cannot attach if the public
counterclaim in a pending case when he is performing a governmental function
official is acting as a special agent of government, performing a governmental function
Suit against Public Officer
Implied consent General rule: cloaked with immunity IF acts performed is discharge of duty w/in scope of authority
[E-P-I-C]
1. Eminent Domain Exception:
2. Proprietary functions [in jure gestionis - business contracts] (1) in private and personal capacity
3. Inequitable for the State to invoke immunity (2) acts w/o authority or in excess of the powers vested in him
4. Complaint suability will result only where the govt is claiming affirmative relief from
defendant Prior Consent Rule:
General rule: State agents cant be sued without prior consent
When the Government enters into business contracts
Exception:
EPG Construction v. DPWH Sec. Vigilar, 354 SCRA 566: government can be held liable for (1) to compel to do act required by law
non-payment of just obligation under a contract (2) restrain from enforcing an act claimed to be unconstitutional
(3) payment of damages from already appropriated assurance fund, payment already available
The divine Law of Kings (4) to secure a judgement that the officer impleaded may satisfy by himself w/o the state
When it would be inequitable for the Government to claim immunity having to do a positive act to assist him
(5) government itself has violated its own laws
Department of Education v. Oate 524 SCRA 200: government agency can be held liable if
continued enjoyment of use of a donated property would impair the enjoyment of
TTL Constitutional Law 1 - Loanzon 26
Chavez Sandiganbayan Court Ensua 3. Elec Trib has juridiction over the
Acted as counsel of PCCG - JPE contended SolGen is General Rule: Public Officials act in election protests
- instituted action on behalf of liable to damages the discharge of their official 4. SC cant intervene in the
PCGG - JPE alleged that the SolGen functions & cannot held liable proceeding of the Elec Trib
- included JPE as one of the acted in bad faith, was ill- Exception: Act in bad faith; act 5. SC can only look whether
defendants motivated & abused his beyond the scope of their theres GADELEJ
- questioned the Order of SB discretion in including JPE in authority would then be Constitution provides
allowing JPE to implead Chavez the case personally liable Ongsiako-Reyes v COMELEC (HRET) defect in oath taking
& counterclaim cannot be raised Pimentel v COMELEC (SET) duly proclaimed, and has been perfoming responsibilities as Senator
against the SolGen General rule: Counsels cannot be - COMELEC loses jurisdiction when an election issue when:
held liable for damages in the 1. COMELEC has a proclaimed winner
same case where they represent 2. Winner has taken hi/her oath of office
the interest of their client 3. Winner has discharged/assumed the responsibilities of the office
- Lawyer is merely a representative
of the client (either Pimentel v. Joint Committee of Congress, G.R. No. 163783, June 22, 2004
plaintiff/defendant)
Sought to enjoin the canvass of Congress is mandated to canvass When Senate and HOR adjourn sine
D. Doctrine of Separation of Powers votes of the Pres & Vice President the votes of the Pres and VP die, DID NOT functus officio
The doctrine of separation of powers is a principle of government under which three Wanted new members of Senate Adjournment sine die does not
and divest Congress of its powers
separate branches of government are empowered to carry out functions without
*Joint Congress to Canvass: Provided for in the Constitution
interference or encroachment from another branch. *Joint Oversight: ONLY UNDER CONGRESS, upon their discretion: not constitutionally mandated
Separation of powers is founded on the belief that, by establishing equilibrium among the three power
holders, harmony will result, power will not be concentrated and thus tyranny will be avoided [Bernas] How principle is violated: interference and assumption to another branchs functions
B. Policies
(1) Independent foreign policy and a nuclear-free Philippines (Art. II, Sections 7-8 and Art.
XVIII, Sections 4 and 25)
(2) A just and dynamic social order (Preamble, Art. II, Sec. 9)
(3) The promotion of social justice (Art. II, Sec. 10, Art. XIII, Sections 1-2, Art. II, Sec. 26
and Art. VII, Sec. 13, par. 2)
(4) Respect for human dignity and human rights (Art. II, Sec. 11, Art. III, Sections 17-19, and
Art. XVI, Sec. 5(2))
(5) Fundamental equality of women and men (Art. II, Sec. 14; Art. XIII, Sec. 14)
(6) Promotion of health (Art. II, Sections 15-16 and Art. XIII, Sections 11-13)
(7) The priority of education, science, technology, arts, culture and sports (Art. II, Sec. 17;
and Art. XIV, Sec. 2)
TTL Constitutional Law 1 - Loanzon 30
(8) Urban land reform and housing, (Art. XIII, Sections 9-10) (c) Urban land reform and housing, Art. XIII, Sections 9-10
(9) Reform in agriculture and other natural resources (Art. II, Sec.21; Art. XIII, Sections 4- City of Mandaluyong v. Aguilar, 350 SCRA487: choice of site for public housing
8) Exproriation case to house informal settlers to house Mandaluyong, strong opposition of property, upheld right of
(10) Protection of Labor (Art. II, Sec. 18 and Art. XIII, Sec. 3) property owner: 2 aspects: substantive aspect [3 elements of taking] and procedural aspect [LocGov: must enact
an ordinance regarding ]
The right of workers in the public and private sectors to form unions, associations
- only pass a resolution: not an ordinance, no force and effect of a law
and societies not contrary to law (Art. III, Sec. 8; Art. IX, B, Sec. 2(5) Eminent domain:
- taking of private property
(11) Independent peoples organizations (Art. II, Sec. 23; Art. XIII, Sections 15-16)
- taking for a public purpose
(12) The Family as a Basic Autonomous Social Institution (Art. II, Sec. 12, Art. XV (The - payment of just compensation
Family); Art. II, Sec. 13) - [hildago case]
See Civil Code, Art. 52: Marriage is not a mere contract but an inviolable social (d) Health, Art. XIII, Sections 11-13
institution. What is the role of women in the field of environment: maternal function propagation of human race
(e) Women, Art. XIII, Sec. 14
(13) A self-reliant and independent economic order (Art. II, Sec. 19, Sec. 20);
(3) PEOPLES ORGANIZATIONS, ART. XIII, SEC. 15
Art. XII (National Economy and Patrimony)
Manila Prince Hotel v. GSIS, 267 SCRA 408: preferential treatment (4) EDUCATION
(14) Communication and information in nation-building (Art. II, Sec. 24, Art. XVI, Sections (a) Right to quality education, Art. XIV, Sec. 1
10-11, Art. XVIII, Sec. 23) Miriam College v. CA 348 SCRA 215: use of indecent/ vulgar language
(15) Autonomy of local government (Art. II, Sec. 25, Art. X (Local Government)) SC upheld right of Miriam College to impose sanctions on violators
(16) Recognition of the rights of indigenous cultural communities (Art. II, Sec. 22, Art. VI, (b) Educational mandate of the state, Art. XIV, Sec. 2, Sec. 5
Sec. 5(2), Art. XII, Sec. 5, Art. XIII, Sec. 6, Art. XIV, Sec. 12) University of San Agustin v. CA 270 SCRA 761: academic standards
Consolidated Petitions: Province of Cotabato v. G.R.P., supra Did not allow a number of graduating students to be included in the graduating class, because they did not meet
the requirement grades. [made aware by conditions in handbook]
(17) Honest Public Service and Full Public Disclosure (Art. II, Sec. 27, Art. XI, Sections 4, 5-15),
Art. II, Sec. 28, Art. XI, sec. 17, Art. VII, Sec. 12, Art. VII, Sec. 20, Art. XII, Sec. 21, Art. XII, Sec. (c) The educational system, Art. XIV, Sec. 3, Sec. 4
2, par. 5, Art. VI, Sections 12 and 20, Art. IX, D, Sec. 4, and Art. III, Sec. 7) Ateneo v. Capulong 222 SCRA 643: violence in school activities
C. Social Justice, Human Rights and other Guaranteed Rights Involves the tragic death of neophytes in ALS, Aquila. SC upheld actions of Fr. Bernas to suspend students until
further proceedings
(1) SOCIAL JUSTICE DEFINED, ART. XIII, SEC. 1, SEC. 2 (5) LANGUAGE, ART. XIV, SECTIONS 6-9
Calalang v. Williams, 70 Phil. 726 (1940) Note: How Social Justice is defined by the Supreme can be changed by act of congress PROVIDED they be ratified by the people
Court. * National Language: Filipino
(2) ASPECTS OF SOCIAL JUSTICE * Official Language: Filipino and English
* Auxiliary official languages: regional languages
(a) Labor, Art. XIII, Sec. 3
* Voluntary and optional languages: Spanish and Arabic
(b) Agrarian and natural resources reform, Art. XIII, Sections 4-8
Tano et. al. v. Socrates et. al., G. R. No. 110249: protection of marine resources
TTL Constitutional Law 1 - Loanzon 31
(4) SALARIES, PRIVILEGES AND DISQUALIFICATIONS/INHIBITIONS Yeas and nays on any question at the request of 1/5 of members present (Art. VI,
Sec.16 (4))
Salaries (Art. VI, Sec. 10 and Art. XVIII, Sec. 17)
(4) Journal Entry Rule vs. Enrolled Bill Theory
PHICONSA v. Mathay: 18 SCRA 300-312 (1968)
Morales v. Subido, 27 SCRA 131 (1969)
Ligot v, Mathay, 56 SCRA 823 (1974)
Astorga v. Villegas, 56 SCRA 714 (1974)
Freedom from Arrest (Art. VI, Sec. 11, Rev. Penal Code, Art. 145)
(5) Congressional Record (Art. VI, sec. 16(4), par. 2)
Speech and Debate Clause (Art. VI, Sec. 11) (e) Sessions
Pobre v. Miriam Defensor-Santiago, A.C., 7399, August 25, 2009 (1) Regular sessions (Art. VI, Sec. 15 and Sec. 16(5))
Disqualifications/Inhibitions (2) Special sessions (Art. VI, Sec. 15 upon call of the President, Art. VII, Sections 10-11 to
fill vacancies in the Presidency and Vice Presidency Art. VII, Sec. 18, par. 2,
Incompatible and Forbidden Offices (Art. VI, Sec. 13 and Sec. 14) Commander-in-Chief powers)
Puyat v. de Guzman, 113 SCRA 32 (1982) (6) LEGISLATIVE PROCESS
Other Prohibitions (Art. VI, Sec. 3) (a) Requirements as to bills
Duty to Disclose (Art. XI, Sec. 17, Art. VI, Sec. 12, Sec. 20) (1) As to titles of bills (Art. VI, Sec. 26(1))
(2) Requirements as to certain laws
(5) ORGANIZATION AND SESSIONS
* Appropriations laws, Art. VI, Sec. 25 & 29 and Art. VII, Sec. 22: Cross border
(a) Election of officers (Art. VI, Sec. 16 (1)) transfer of funds; impoundment of budget
(b) Quorum (Art. VI, Sec. 16(2)) Demetria v. Alba, supra
Avelino v. Cuenco, 83 Phil. 17 (1949)
Araullo v. Aquino, supra
(c) Rules of proceedings (Art. VI, Sec. 16(3) and Sec. 21)
* Tax laws (Art. VI, Sec. 28, Art. XIV, Sec. 4(3)): Taxpayers burden
(d) Journal and Record (Art. VI, Sec.16(4) )
YMCA v. Collector of Internal Revenue, 33 Phil. 217 (1916)
(1) The Enrolled Bill Theory
Mabanag v. Lopez Veto, 78 Phil., 1-3, 12- 19, 29-31(1947) Apostolic Prefect v. City Treasurer. 71 Phil., 1941
Arroyo v. De Venecia, 343 Phil., 54-60, 71-74 (1997) Quezon City v. ABS-CBN, 166408, October 6, 2008
(3) Matters to be Entered in the Journal (b) Procedure for the passage of bills (Art. VI, Sec. 26 (b))
Yeas and nays on third and final reading of a bill (Art. VI, Sec. 26[2]) (c) Effectivity of laws (Civil Code, Art. 2)
Tanada v. Tuvera, 136 SCRA 27(1985); resolution of motion for reconsideration, G. R.
Veto message of the President (Art. VI, Sec. 27[1]) No. 63915, Dec. 29, 1986.
Yeas and nays on the repassing of a bill vetoed by the President (Art. VI, Sec. 27[1])
TTL Constitutional Law 1 - Loanzon 33
(7) POWERS OF CONGRESS Who are subject to impeachment (Art. XI, Sec. 2)
* General plenary powers (Art. VI, Sec. 1) Grounds for impeachment (Art. XI, Sec. 2)
Limitations on exercise of legislative powers Procedure for impeachment (Art. XI, Sec. 3 (1)-(6))
(1) Substantive limitations Consequence of impeachment (Art. XI, Sec. 3(7))
* Express substantive limitations (Art. III under the Bill of Rights, Art. VI, Francisco v. House of Representatives, 415SCRA 44
Sections 25 and 28, Art. XIV, Sec. 4(3), Art. VI, Sections 29, 30 and 31))
Gutierrez v. House of Representatives, G. R. No. Feb. 15, 2011
* Implied substantive limitations
Prohibition against delegation of legislative powers * Powers under Special Constitutional Bodies
Electoral Tribunals (Art. VI, Sections 17 and 19)
Prohibition against passage of irrepealable laws
Duenas v. HRET, 593 SCRA 3166
Exemptions to Non-delegation Doctrine
Pimentel v. COMELEC, G.R. No. 178413, March 13, 2008
Delegation to the President: Art VI, Sec. 23(2) and Sec. 28(2)
Commission on Appointments (Art. VI, Sections 18-19; Art. VII, Sec.16)
Delegation to the people (Art. VI, Sec. 32)
Sarmiento v. Mison, 156 SCRA 549 (1987)
(2) Procedural limitations (Art. VI, Sec. 32)
Tatad v. Commission on Appointments, G.R. No. 183171, August 11, 2008
* Legislative VETO or approval of extension of suspension of privilege of
habeas corpus or declaration of martial law (Art. VII, Sec. 18) (8) DISCIPLINE OF MEMBERS (ART. VI, SEC. 16(3))
* Approval of Presidential Amnesties (Art. VII, Sec. 19)
* Concur in Treaties (Art. VII, Sec. 21)
* Declaration of war and delegation of emergency powers (Art. VI, Sec. 23)
* Power with regard to utilization of natural resources (Art. XII, Sec. 2)
* Amendment of the Constitution (Art. XVII, Section 12)
* Non-legislative powers
(a) Question Hour: (Art. VI, Sec. 22)
Senate of the Philippines v. Ermita, 488 SCRA 1
(b) Legislative investigation (Art. VI, Sec.21); Oversight Function
Neri v. Senate Committees
Macalintal v. COMELEC, 405 SCRA 705-733
(c) Act as board of canvassers for presidential election (Art. VII, Sec. 4, par.4)
Lopez v. Senate of the Philippines, G.R.No. 163556, June 8, 2004 (Senate and
HOR as Board of Canvassers)
(d) Power of Impeachment
TTL Constitutional Law 1 - Loanzon 34
(3) PROHIBITIONS (ART. VII, SEC. 13) Interim or recess appointments, (Art.VI, Sec. 19 and Art. VII, Sec. 16, par. 2)
Compare prohibition against other officials (Art. VI, Sec. 13, Art. IX, A, Sec. 2 and Art. IX, Limitation on appointing power of Acting President (Art. VII, Sections 14-15)
B, Sec. 7) De Castro v. JBC, G.R. No. 191002, March 17, 2010
Exceptions to rule prohibiting executive officials from holding another office; (e) Executive clemencies, (Art. VII, Sec. 19, Art. IX, C, Sec. 5)
Vice President as member of the cabinet (Art. VIII, Sec. 3, par.2) * Pardon distinguished from probation
People v. Vera, 65 Phil. 56 (1937)
Secretary of Justice as member of Judicial and Bar Council (Art.VIII, Sec. 8(1))
* Pardon distinguished from parole
(4) POWERS AND FUNCTIONS OF THE PRESIDENT
Tesoro v. Director of Prisons, 68 Phil. 154 (1939)
(a) Executive power, (Art. VII, Sections 1 and 17)
* Pardon distinguished from amnesty
(b) Control of executive department (Art. VII, Sec. 17)
Tolentino v. Catoy, 82 Phil. 300 (1948)
Ople v. Torres, 293 SCRA 141(1998)
Barrioquinto v. Fernandez, 82 Phil. 642 (1949)
Rufino v. Endriga, 496 SCRA 13, 37-42, 62-67 (2006)
* Effect of Pardon
Concept of Qualified Political Agency
Risos-Vidal v. COMELEC, G.R. No. 206666, January 21, 2015
Fortich v. Corona, 298 SCRA 678(1998)
Cristobal v. Labrador, 71 Phil. 34 (1940)
(c) General supervision of local government and autonomous regions (Art. X, Sec. 4
and Sec. 16) Pelobello v. Palatino, 72 Phil. 441 (1941)
Joson v. Executive Secretary, 290 SCRA 279(1998) * Revocation of Pardon
(d) Power of appointment In Re: Wilfredo S. Torres, 2 SCRA 109
With consent of Commission on Appointments (f) Powers as Commander-in-Chief (Art. VII, Sec.18, Art. III, Sec. 15, Art. VIII, Sec. 1,
par.2)
* Heads of departments (Art. VII, Sec. 16)
Sanlakas v. Executive Secretary, 421 SCRA 656, 660-663, 675-677 (2004)
* Ambassadors, public ministers, and consuls (Art. VII, Sec. 16)
* Officers of the armed forces from the rank of colonel and naval captain (Art. (g) Emergency powers (Art. VI, Sec. 23(2))
VII, Sec. 16) Fortun v. Macapagal-Arroyo, 668 SCRA 540 (2012)
TTL Constitutional Law 1 - Loanzon 35
David v. Arroyo, 489 SCRA 160, 1980202, 240-244 (2006) B. The Vice President
(h) Contracting and guaranteeing foreign loans (Art. VII, Sec. 20, Art. XII, Sec. 21, R. A.
(1) QUALIFICATIONS, ELECTION, TERM AND OATH (ART. VII, SECTIONS 3, 4, AND 5)
No. 4860)
(i) Power over foreign affairs (2) PRIVILEGES AND SALARY (ART. VII, SEC. 6)
* Treaty making power (Art. VII, Sec. 21) (3) PROHIBITIONS (ART. VII, SEC 13, SEC. 3, PAR. 2)
Treaty distinguished from executive agreements
Arthur Lim et al v. Executive Secretary GR No. 131445, April 11, 2002
C. Succession (Art. VII, Sec.9)
Bayan v. Zamora, GR No. 138570, Oct. 10, 2000 (1) IN CASE OF VACANCY AT THE BEGINNING OF TERM (ART. VII, SEC. 7 AND SEC. 10)
* Deportation of undesirable aliens (2) IN CASE OF VACANCY DURING TERM (ART. VII, SEC. 8 AND SEC. 10)
Harvey et al v. Defensor-Santiago, 162 SCRA 1988 (3) IN CASE OF TEMPORARY DISABILITY (ART. VII, SECTIONS 11-12)
(j) Power over legislation
D. Removal (Art. XI, Sections 2-3)
* Address Congress (Art. VII, Sec.23)
* Preparation and submission of the budget (Art. VII) Read provisions on the process of impeachment
Philconsa v. Enriquez 235 SCRA 506
* Veto power (Art. VII, Sec. 27)
Bengzon v. Drilon, 208 SCRA 133
* Emergency power (Art. VI, Sec. 23(2))
* Fixing of tariff rates (Art. VI, Sec.28(2))
(5) PRESIDENTS IMMUNITY FROM SUIT
Rationale for the rule
Carillo v. Marcos, Resolution, G. R. No. 56461, April 6, 1981
Estrada v. Desierto, 353 SCRA 452(2001)
(6) RESIDUAL POWERS OF THE PRESIDENT
Manglapus v. Marcos, 177 SCRA 668, 681-695 (1989)
TTL Constitutional Law 1 - Loanzon 36
Part Six: THE JUDICIARY C. Conditions for the Exercise of Judicial Review
Marcos v. Manglapus, G. R. No. 88211, 15 September 1989: The Supreme Court held that:
The Constitution limits resort to the political question doctrine and broadens the scope
A. The Supreme Court of judicial inquiryBut nonetheless there remain issues beyond the Courts jurisdiction
(1) COMPOSITION (ART. VIII, SEC. 4) the determination of which is exclusively for the PresidentWe cannot, for example,
question the Presidents recognition of a foreign government, no matter how premature
(2) APPOINTMENT AND QUALIFICATIONS (ART. VIII, SEC. 7, SEC.8 (5), SEC.9) or improvident such action may appear.
Biraogo v. Nograles et. al., 580 SCRA 106 The Diocese of Bacolod v. COMELEC, G.R. NO. 205728, January 21, 2015. Read only portions
(3) SALARY, (ART. VIII, SEC. 10, ART. XVIII, SEC. 17) on the discussion of the political question doctrine and power of judicial review.
(4) TENURE (ART VIII, SEC. 11, SEC. 1, SEC. 2, PAR. 2) D. Functions of Judicial Review: Checking, Legitimizing and
(5) REMOVAL (ART. XI, SEC. 2) Symbolic
(6) JURISDICTION (ART. VIII, SEC. 1, SEC. 2, PAR. 2, SEC. 5, ART VI, SEC. 30, ART.VII, SEC. 18) Sanlakas v. Executive Secretary, supra
(7) REPORT ON THE JUDICIARY (ART. VIII, SEC. 16) Distinguish between the overbreadth and vague for vagueness doctrines
(8) MANNER OF SITTING AND VOTES REQUIRED (ART. VIII, SEC. 4) Demetria v. Alba, G. R. No. 71977, February 27, 1987
General Rule: All courts can exercise judicial review
Rule: Divisions of the Supreme Court do not diminish its authority
Ynot v. IAC, G. R. No. 74457, March 20, 1987
(9) REQUIREMENTS AS TO DECISION (ART. VIII, SECTIONS 13-14)
Operative Fact Doctrine/ Effect of Declaration of Unconstitutionality
(10) PERIODS FOR DECIDING CASES (ART. VIII, SEC. 15, ART. VII, SEC. 18, PAR. 3, ART. XVIII,
SECTIONS 12-14) Under Civil Code, Art. 7, Statute is void when declared unconstitutional
Serrano de Agbayani v. Philippine National Bank, 38 SCRA 429 (1971)
Statute is not always void but may produce legal effects
B. Theory and Justification of Judicial Review
Consolidated Petitions (Belgica and others) supra
Mattel v. Francisco, 560 SCRA, 510, 514 (2008)
E. The Supreme Court as Presidential Electoral Tribunal, (Art.
De los Santos v. COA, G.R. No.198457, August 13, 2013
VII, Sec. 4, par. 4)
Legarda v. De Castro 542 SCRA, 125
TTL Constitutional Law 1 - Loanzon 37
(3) APPOINTMENT OF OFFICIALS AND EMPLOYEES OF ENTIRE JUDICIARY (ART. VIII, SEC. (2) APPOINTMENT AND TERM OF OFFICE OF COMMISSION (ART. IX, B, SEC. 1(2))
5(6)) (3) APPOINTMENT OF PERSONNEL OF CSC (ART. IX, A, SEC. 4)
H. Lower courts (4) SALARY (ART. IX, A, SEC. 3 AND ART. XVIII, SEC. 17)
(1) QUALIFICATIONS AND APPOINTMENT (ART. VIII, SEC. 7(1), (2), SEC. 8(5), SEC.9) (5) DISQUALIFICATION (ART. IX, A, SEC. 2)
(2) SALARY (ART. VIII, SEC. 10) (6) REMOVAL BY IMPEACHMENT (ART. XI, SEC. 2)
(3) TENURE (ART. VIII, SEC. 11, SEC. 1, SEC. 2, PAR. 2) (7) FUNCTIONS OF THE CSC (ART. IX, B, SEC.3, ART. IX, A, SECTIONS 7 AND 8)
(4) REMOVAL (ART. VIII, SEC. 11) (8) SCOPE OF THE CIVIL SERVICE (ART. IX, B, SEC. 2(1))
(5) JURISDICTION (ART. VIII, SEC. 1) (9) TERMS AND CONDITIONS OF EMPLOYMENT IN THE CIVIL SERVICE
(a) Oath of allegiance to the Constitution (Art. IX, B, Sec. 4 and Art. XI, Sec. 18)
(6) REQUIREMENTS AS TO PREPARATION OF DECISIONS (ART. VIII, SEC.14)
(b) Merit system
(7) PERIOD FOR DECIDING (ART. VIII, SEC. 15 AND ART. XVIII, SECTIONS 12-14) * Appointment of lame ducks (Art. IX, B, Sec. 6)
(8) NO NON-JUDICIAL WORK FOR JUDGES (ART. VIII, SEC. 12) * Appointment or designed of elective and appointive officials (Art. IX, B, Sec. 7.
Art. VII, Sec. 13 and Art. VI, Sec. 13)
(c) Standardization of pay and ban on double compensation (Art. IX, B, Sec. 5, Sec. 8)
I. The Judicial and Bar Council (Art. VIII, Sec. 8) (d) Ban on partisan political activities (Art. IX, B, Sec.2(4))
(e) Removal or suspension only for cause (Art. IX, B, Sec. (3))
De Castro v. JBC, G. R. No. 191002, March 17, 2010, supra
(f) Summary removal
Chavez v. JBC et. al., G.R.No. 202242, July 17, 2012 (g) Right of self-organization (Art, III, Sec. 8, Art. IX, Sec.2(5)
REVIEW OF DECISION OF THE CSC (ART. IX, A, SEC. 7)
B. Commission on Elections Decide election contests and cases (Art. IX, C, Sec. 2(2) Sec. 3)
Rule-making (Art. IX, A, Sec. 6)
(1) COMPOSITION AND QUALIFICATION OF COMMISSIONERS (ART. IX, C, SEC.1 (1), ART. VII,
SEC. 13, PAR. 2) Other functions (Art. IX, A, Sec. 8)
Cayetano v. Monsod, G.R. No. 100113, September 3, 1991 Act as National Board of Canvassers for Senators
(2) APPOINTMENT AND TERM OF OFFICE OF COMMISSIONERS (ART. IX, C, SEC. 1(2)) Pimentel v. COMELEC, supra
(3) APPOINTMENT OF PERSONNEL (ART. IX, A, SEC. 4) Review of COMELEC decisions, orders, and resolutions (Art. IX, A, Sec.7)
Fiscal Autonomy (Art. IX, A, Sec. 5)
(4) SALARY (ART. IX, A, SEC. 3, ART. XVIII, SEC. 17)
(5) DISQUALIFICATIONS (ART. IX, A, SEC. 2)
(6) REMOVAL BY IMPEACHMENT (ART. XI, SEC. 2) C. Commission on Audit
(7) POWERS AND FUNCTIONS OF THE COMELEC (ART. IX, C, SEC.2) (1) COMPOSITION AND QUALIFICATION (ART. IX, D, SEC. 1(1), ART. VII, SEC. 13, PAR. 2)
Enforce election laws (Art. IX, C, Sec.2 (1), Sec. 10) (2) APPOINTMENT AND TERM OF COMMISSIONERS (ART. IX, D, SEC. 1(2))
Decide administrative question pertaining to elections, except the right to vote (Art. IX, (3) APPOINTMENT OF COA PERSONNEL (ART. IX, A, SEC. 4)
sec. 2(3))
(4) SALARY (ART. IX, A, SEC. 3, ART. XVIII, SEC. 1)
File Petition for inclusion or exclusion of voters (Art. IX, C, Sec. 2(6))
(5) DISQUALIFICATIONS (ART. IX, A, SEC. 2)
Prosecute election law violators (Art. IX, C. Sec. 2(6))
(6) REMOVAL BY IMPEACHMENT (ART. XI, SEC. 2, ART. IX, A, SEC. 6)
Recommend pardon, parole or suspension of sentence of election, except the right to
vote (Art. IX, C, Sec. 5) (7) POWER AND FUNCTIONS (ART. IX, D, SEC. 2, SEC. 3, ART. VI, SEC. 20)
Deputize law enforcement agents and recommend their removal (Art. IX, C, Sec. 2(4), (8) RULEMAKING (ART. IX, A, SEC. 6)
Sec. 2(8))
(9) OTHER FUNCTIONS (ART. IX A, SEC. 8)
REGISTRATION of political parties, organizations, and coalitions and ACCREDITATION of
(10) REVIEW OF DECISIONS OF THE COA (ART. IX, A, SEC. 7)
citizens arms (Art. XI, C, Sec. 2(5))
Registration under the party-list system (Art. IX, C, Sections 6, 7 and 8 and Art.VI, (11) FISCAL AUTONOMY, ART. IX, A, SEC. 5
Sec. 5(2), Art. XVIII, Sec. 7) DBP v. COA, 373 SCRA 356
BANAT V. COMELEC, supra
Ang Ladlad v. COMELEC, supra
Regulation of public utilities and media of information (Art. IX, C, Sec. 4, Sec 9)
ABS-CBN v. COMELEC, G.R. No. 133486, January 28, 2000
TTL Constitutional Law 1 - Loanzon 39
A. Sandiganbayan (Art. XI, Sec. 4) (2) FUNCTIONS (ART. XII, SECTIONS 20-21)