Constitutional Law I Notes EH 304 is LOVE

LEGISLATIVE DEPARTMENT

Section 16 (2)
(2) A majority of each House shall constitute a quorum to do business, but a smaller number
may adjourn from day to day and may compel the attendance of absent Members in such
manner, and under such penalties, as such House may provide.

What is Quorum?
o For deliberate assemblies, the required number of members present in order to
legally do business;
o If a rule speaks of majority, it is understood as simple majority = 50% plus 1
o Qualified majority = 3/4 or 2/3
o Is the 24 number constant? Is there no occasion to use a number lower than 24?
o Scenario:
24 senators: 1 died; 1 is confined in a hospital; 1 is in las vegas; total of
21 senators only
o Is there a difference between the way we determine the quorum and the way we
determine other voting requirements?
There is a difference between a majority of all the members of the
House and a majority of the House, the latter requiring less number
than the first (Avelino v Cuenco)
All of its members = 24 members
Majority of the house = based on the majority of those who are within
the reach of the compulsory process of the house
In LGU, the sanggunian can compel its member to be present this is for
the sake of its constituents.
o Example: an order compelling the attendance of Senator A who is in USA. This is
not valid. You cannot compel the attendance of a senator beyond the reach of
compulsory process of each house.

Section 16 (3)
(3) Each House may determine the rules of its proceedings, punish its Members for disorderly
behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a
Member. A penalty of suspension, when imposed, shall not exceed sixty days.

1. Assume that under the Rules of Procedure of the HOR, 2 speeches are allowed during
the 2nd reading of a bill, one called the sponsoring speech (for the sponsor or author of
the bill) and the turno en contra speech (for the lawmaker opposing the bill). In
approving HB No 123456 on the second reading, the Speaker of the House asked the
body to dispense with the 2 speeches and proceeded immediately to voting because of
the urgency of the bill. This happened without amending first the Rules of Procedure.
The bill was approved on third reading and was eventually approved by the President.
The bill became RBH No 123400. X, a Congressman, questioned the validity of RBH No

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123400 in court on the ground that the House Rules of Procedure were not observed in
approving the bill. Will it prosper?
o No. GENERALLY, house Rules of Procedure are internal. Unless they affect the
public, it would only pertain to the internal affairs of the House concerned and is
not subject to judicial review. EXCEPT, the same remains within the scope of the
Constitution and does not infringe rights of individuals, it cannot be the subject
of judicial review.
Discussion:
o Will the court even take cognizance of the issue mentioned above? Is the issue
justiciable?
It is a political question because Article 6 (3) Each House may
determine the rules of its proceedings.
Generally, this is the FULL DISCRETIONARY POWER OF THE
CONGRESS. But theres an exception: rules affect rights of persons and
if the rule is within the scope of the constitution.
ARROY VS DEVENECIA:
He questioned that there was absence of quorum because he was
not allowed to question the quorum so the majority just
proceeded and he complained why quorum was not verified. The
SC ruled that the case was merely an internal issue of the house.
The prevailing view is that the rules are subject to revocation,
modification or waiver at the pleasure of the body adopting said rules.
Courts cannot interfere.
Should the rules of procedure be published?
o General rule: The Constitution does not require publication of the internal rules
of the House or Senate.
Since internal rules affect only their members are internal, such rules
need not be published unless such rule expressly provide for their
publication before the rules can take effect (Pimentel Jr v Senate
Committee on the Whole, 2011)
o Exception: SECTION 21. The Senate or the House of Representatives or any of
its respective committees may conduct inquiries in aid of legislation in
accordance with its duly published rules of procedure. The rights of
persons appearing in or affected by such inquiries shall be respected.
o Therefore, the publication of the rules of procedure depends on the nature of the
rules. If it affects the public, then it must be published. If it does not affect the
public, no publication at all. Further, unless the rules require a
publication or the constitution requires it.
o Q: So what if the 17h congress just adopted the rules of procedure from the 16th
congress. Does it have to be published?
o A: every congress, the rules of procedure must be published.
o Q: rules of procedure is available on the internet. Is that tantamount to
publication:
o A: No, because to publish it should be in the official gazette

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Section 16 (3) Each House may determine the rules of its proceedings, punish its Members
for disorderly behavior, and, with the concurrence of two-thirds of all its Members, suspend
or expel a Member. A penalty of suspension, when imposed, shall not exceed sixty days.

What constitute disorderly behavior is up to the congress to define.

Note: only the house can discipline its members for disorderly behavior.

Santiago v Sandiganbayan
If senator santiango will be suspended by the sandiganbayan, will it not violate the rule
that only the house has the power to discipline its own members?
o Yes, the disciplining power is exclusive by the Congress. However, that
presupposes that the penalty or the disciplinary action is imposed upon the
members of the house for disorderly behavior. So when a suspension order is
served, not on the basis for the orderly disorderly behavior charged, but
because she violated the anti-graft corruption act then that is not covered by the
rule that the house has the exclusive power to discipline is own members.
Thus, in its resolution in the case of Ceferino, Paredes Jr v Sandiganbayan et al, the
Court affirmed the order of suspension of Congressman Paredes by the Sandiganbayan,
despite his protestation on the encroachment by the court on the prerogatives of
Congress.

Section 16 (4)
(4) Each House shall keep a Journal of its proceedings, and from time to time publish the same,
excepting such parts as may, in its judgment, affect national security; and the yeas and nays on
any question shall, at the request of one-fifth of the Members present, be entered in the
Journal.

You have to know what this documents (journals) are?

Distinguish journal of its proceeding, record of proceeding and enrolled bill. [refer to the
vanillaela transcript ky gikapoy na ko]
o Journal of its proceeding = probative value of the journal [meaning: it takes the
evidentiary weight of the evidence.]
It can happen that the content of the journal is questioned. If you are the
judge and you are confronted with that issue, what evidentiary weight will
you give to a journal as against an extraneous evidence? Which should
prevail the journal or that extraneous evidence?
US vs Pons
o Against extraneous evidence, the entries in the journal being the
official act of the legislature are conclusive (thus, entry as to the
time of the end of a particular session is conclusive and prevails
over an oral testimony which states otherwise)
o Presumption of regularity of performance of official acts
Sessions [refer to the vanillaela transcript ky gikapoy na ko]

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Section 17.
SECTION 17. The Senate and the House of Representatives shall each have an Electoral
Tribunal which shall be the sole judge of all contests relating to the election, returns, and
qualifications of their respective Members. Each Electoral Tribunal shall be composed of nine
Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief
Justice, and the remaining six shall be Members of the Senate or the House of Representatives,
as the case may be, who shall be chosen on the basis of proportional representation from the
political parties and the parties or organizations registered under the party-list system
represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman.

1. X and Y were candidates for Congressman of the first District of Cebu City during the
May 2016 elections. A petition for disqualification was filed by X against Y alleging that Y
is not a natural-born Filipino. The petition was not immediately acted upon by the
COMELEC before the election and Y was voted for and obtained the highest number of
votes. Y was then proclaimed as the duly-elected Congressman for the first District of
Cebu City on June 29, 2016. On July 1, 2016, X filled in the COMELEC a Motion for
Resolution of his petition to disqualify Y. How should the COMELEC resolve the Motion
filed by X?

DISCUSSION:

TYPES OF ELECTORAL TRIBUNAL FOR ELECTION CONTEST

o PET supreme court sitting en banc [president and vice-president]
o SET/HRET nine Members, 3 Justices of the Supreme Court to be
designated by the Chief Justice, and the remaining 6 shall be Members of
the Senate or the HOR
o COMELEC [regional, provincial, city and ARMM]
o Abovementioned tribunals handle cases pertaining to election except the
issue on the right to vote
o Inclusion and exclusion cases
o COMELEC will be divested of its jurisdiction the moment other tribunals
acquire jurisdiction.
SOLE JUDGE concurrent jurisdiction will not apply
OF ALL CONTESTS relating to the election, returns, and qualifications the idea
of contest presupposes that one has already been elected, proclaimed and assume
office, however, his right to hold office is being contested.
ELECTION = the official has been duly elected; only those who filed a valid COC can be
voted upon and can be proclaimed as winners; it is possible therefore for one to
participate in election without having a valid COC [during atty largo boys time]. IF a
candidate without a valid COC have been voted upon, those votes will be considered as
stray votes and if those votes are considered stray YOU SHOULD NOT BE
PROCLAIMED.
RETURN = summary of votes a candidate had garnered after the canvassing
OF THEIR RESPECTIVE MEMBER
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Back to the problem:

o The petition for disqualification was not resolved until July 1, 2016. What does
it tell you? Na proclaim na and we assume that he has taken the oath of
office.
o Proclamation -> oath -> Assumption of office on June 30,2016
o NOTE: Taken oath is a requisite in assumption of office. Absence of such you
cannot assume office because public office is a public trust.

2. X and Y were candidates for Congressman of the first District of Cebu City during the
May 2016 elections. A petition for disqualification was filed by X against Y alleging that Y
violated the Omnibus Election Code for using public funds for his campaign materials.
The petition was not acted upon by the COMELEC before the election and Y was voted
for and obtained the highest number of votes. After the election and before
proclamation of Y, the second division of the COMELEC ordered the suspension of Ys
proclamation and thereafter granted the petition for disqualification. Thereafter, the
COMELEC ordered the proclamation of X, who garnered the second highest number of
votes and who immediately took his oath. Y had timely filed a Motion for
Reconsideration which was not immediately acted upon until July 1, 2016. Was the
COMELEC already divested of its jurisdiction?

DISCUSSION:

REJECTION OF THE SECOND PLACER RULE:

o General rule: if you are the second placer you are not chosen by the people;
hindi ikaw ang first choice.
o Exceptions: second placer can be proclaimed based on
(1) disqualification on account of eligibility/substantive disqualification
Examples for eligibility
o Citizenship qualification: in this case, if the first
placer was disqualified on his citizenship,
technically, there is no first placer because his COC
is not valid, thus, HE IS NOT A CANDIDATE. As a
result, the second placer is actually the first
placer and the second placer can validly be
proclaimed to office. Because all votes of the first
placer are considered as invalid compare ky
second placer iya votes ky valid.
What if the candidate was disqualified based on
vote buying?
these acts do not affect a
o His votes are valid, not stray votes. So the second
candidates COC because placer will remain as second placer.
these acts do not involve What if the candidate was disqualified based on
your eligibility as a terrorism or fraud?
candidate o His votes are valid, not stray votes. So the second
placer will remain as second placer.

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Back to the problem

o What was the ground for the petition for disqualification? Using public
funds for his campaign materials, is it an eligibility disqualification?
NO! SO WE APPLY THE REJECTION OF THE SECOND PLACER
RULE.
This means, the COMELEC should have rejected the second placer
but what did the COMELEC do? They proclaimed the second placer,
therefore VOID.
It is not the mere act of proclamation that really matters, it
should be a VALID PROCLAMATION.
This is the case of codilla 2002, exactly the same. The second fact that you must
notice also is that when the COMELEC ordered the proclamation of X, the
disqualification ORDER of Y was not yet final. Diba nag file siya motion for
reconsideration? So why did the COMELEC proclaim X? What they should have done
is not to proclaim X but CONTINUE THE PROCLAMATION OF Y [since he is not
first placer]. Anyway, after the JULY 1, the HRET can DECIDE whether Y was validly
elected.
The COMELEC should also consider whether the proclamation is VALID.
NOTE: Read codilla then limkaichong.
Because in limkaichong, the SC noticed that the proclamation was not invalid, hence,
any allegation of the invalidity of proclamation should not barred the
electoral tribunal, in this case the HRET, from taking cognizance of the
case.
If ma wrong ang COMELEC pag count adto nana sa electoral tribunal. That will not
make the proclamation just because nasayop ang COMELEC pag count. What will
make the proclamation invalid is for example a violation of thw rejection of the
second placer rule.

Article 6, section 11
Section 11. A Senator or Member of the House of Representatives shall, in all offenses
punishable by not more than six years imprisonment, be privileged from arrest while the
Congress is in session. No Member shall be questioned nor be held liable in any other place
for any speech or debate in the Congress or in any committee thereof.

Presented Another problem:

o Senators X and Y issued checks to A, a businessman. Their checks,
however, bounced when presented for payment. A filed a case for estafa
against X for the 500k check he issued to A. Another case was filed for
violation of BP 22 against Y for the 750k check he issued to A. Senators
moved to dismiss the cases invoking parliamentary immunity. Should the
cases be dismissed?
PRIVILEGE FROM ARREST/PARLIAMENTARY IMMUNITY
There are 2 kinds of parliamentary immunity in the constitution:
1. Freedom from arrest
2. Freedom of speech and debate

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FREEDOM FROM ARREST: I made this problem to highlight the fact that
parliamentary immunity DOES NOT refer to prosecution, DOES NOT refer
to indictment. It refers only to arrest. So you can be prosecuted, you can
be indicted, criminal case can be filed against you regardless of the penalty.
HOWEVER, at the time you will be arrested, a warrant is served. Now, WE
DISTINGUISH THE 2 KINDS OF OFFENCES IN SECTION 11 OF ARTICLE 6.
Freedom from arrest: consider the following
(1) penalty
* more than 6 years = NO Privilege
* less than 6 years = WITH privilege
(2) session

Freedom from Arrest (Section 11)

SECTION 11. A Senator or Member of the House of Representatives shall, in all offenses
punishable by not more than six years imprisonment, be privileged from arrest while the
Congress is in session. No Member shall be questioned nor be held liable in any other place for
any speech or debate in the Congress or in any committee thereof.
1. Senator Miriam Santako delivered a privilege speech in the Senate during a
session where she lambasted the Senate President and called the latter corrupt,
womanizer and dirty old man. The Senate President sued Senator Santako for Libel
before the Office of the City Prosecutor. He also filed a civil case for damages before the
RTC of Manila. The Senate President then filed a complaint before the Senate
Committee on Ethics and sought for Senator Santakos expulsion or suspension. Senator
Santako moved for the dismissal of all the cases.
a. Should all the cases be dismissed?
b. Would your answer be the same if Senator Santako uttered such remarks in
Shangrila Hotel in Makati?
c. What is the basis for the distinction between civil-criminal proceedings and
complaint filed before the Senate Committee on Ethics (administrative case)?
Discussion:
There is parliamentary immunity in the given scenario but you should know where
parliamentary immunity can be applied. You should not have missed the phrase
in any other phrase because parliamentary immunity can be invoked in any other
phrase BUT NOT INSIDE THE CONGRESS HALL.
Which places? RTC of Manila, the Office of the City Prosecutor, others.
While the members of the Congress can enjoy parliamentary immunity, however, they
are not exempt from being disciple for disorderly behavior. This is to assume ofcourse
that the act of calling the Senate President corrupt, womanizer and dirty old man
constitute disorderly behavior under the rules.
o Would your answer be the same if Senator Santako uttered such remarks in
Shangrila Hotel in Makati?
In other words, when we speak of parliamentary immunity, are we
therefore saying in particular freedom of speech and debate this can
only be invoke if that speech/debate is made in congress?
You know, the committee may hold hearings outside of congress. If for
example, if our senators will be brave enough to conduct hearings in
Marawi because they cannot bring all the witnesses. It is a lot better to
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hold the hearings there. That is why is it not ONLY the place of
utterance that matters, this is not the only factor that we should
consider.
FOCUS ON: (1) IN ANY OTHER PLACE where the congress can
invoke parliamentary immunity and therefore members of
congress CANNOT INVOKE PARLIAMENTARY IMMUNITY INSIDE
THE CONGRESS!!! ASSUMING THAT THE ACT CONSTITUTES OF
DISORDERLY BEHAVIOR UNDER THE RULES.
Is the place of utterance important so that they can invoke the immunity? Well, YES.
BUT That is not the only factor that matters. The controlling factor therefore is the
nature of the function discharge of the lawmaker at the time of the utterance.
the question is whether or not he is performing a function of a LAWMAKER.

(JIMENEZ V CABANGBANG)
- Refers to utterances made by members of Congress in the performance of their official
functions, such as speeches delivered, statements made, or votes cast in the halls of Congress,
while the same is in session as well as bills introduced in Congress, whether the same is in
session or not, and other acts performed by Congressmen, either in Congress or outside the
premises housing its offices, in the official discharge of their duties [controlling phrase]
as members of Congress and of Congressional Committees duly authorized to perform its
functions as such at the time of the performance of the acts in question.

Section 13.
2. Senator A was appointed as the new DILG Secretary, while Senator B was appointed as
Chairman of the Climate Change Commission (CCC), a newly-created commission
established by RA 123402 to address the alarming effects of climate change. Are the
appointments valid?
SECTION 13. No Senator or Member of the House of Representatives may hold any other office
or employment in the Government, or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations or their subsidiaries, during his term
without forfeiting his seat. Neither shall he be appointed to any office which may have been
created or the emoluments thereof increased during the term for which he was elected.
INCOMPATIBLE OFFICE and FORBIDDEN OFFICE
o INCOMPATIBLE = appointment is valid provided the seat is forfeited.
No Senator or Member of the House of Representatives may hold any
other office
What makes an office incompatible is when it is an office
OUTSIDE THE CONGRESS.
Q: Who is the chairman of COA? How many members?
A: Senate president; 24 + 1
So if you hold an office in COA are you holding an office outside the
congress? NO. Because COA is in the office of the Congress, same
thing with the electoral tribunal. Hence, NOT AN INCOMPATIBLE
OFFICE.
o FORBIDDEN = it is void even if valid.

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2 KINDS: (1) an office that has just been created during the term of the senator
concerned [not necessary siya nakapacreate. Okay ra bisan gi-sponsor ra.
Important is na create sya during his term.] (2) an existing office, is NOT A
NEWLY created office, but EMOLUMENTS HAVE BEEN INCREASED
DURING HIS TERM. Such as salaries and benefits have been increased.

SECTION 12.
SECTION 12. All Members of the Senate and the House of Representatives shall, upon
assumption of office, make a full disclosure of their financial and business interests. They shall
notify the House concerned of a potential conflict of interest that may arise from the filing of a
proposed legislation of which they are authors.
1. Can a Senator, President of the Phils, Cabinet Sec or CSC Commissioner be a
(a) stockholder or
(b) President or CEO of a private corporation
o Lawmaker/Senator
General rule: Yes, he is only required to make a FULL DISCLOSURE OF
THEIR FINANCIAL and BUSINESS INTERESTS. When there is a potential
conflict of interest, he is required to notify the congress. Therefore, there
are 2 requirements: disclosure and notification [requirements set
forth by section 12]
Exception: Section 13 Neither shall he, directly or indirectly, be interested
financially in any contract with, or in any franchise or special
privilege granted by:
Government
any subdivision
agency
instrumentality thereof
GOCC or its subsidiary
o President and Cabinet member
Article 7, Section 13 They SHALL NOT, during said tenure, directly or
indirectly, practice any other profession, participate in any business, or
be financially interested in any contract with, or in any franchise, or
special privilege granted by:
Government
any subdivision
agency
instrumentality thereof
GOCC or its subsidiary
The prohibition will apply to the following:
(1) The President, (2) Vice-President, (3) the Members of the
Cabinet, (4) and their deputies or assistants
o Q: Can a civil service COMMISSIONER become a stockholder/COO/CEO?
A: It depends. If you are a commissioner of the constitutional commission
you can be a stockholder, provided, you dont own majority or any
controlling interest. ACTIVE MANAGEMENT OR CONTROL.
Article 9, SECTION 2. No Member of a Constitutional Commission shall,
during his tenure, hold any other office or employment. Neither shall he
engage in the practice of any profession or in the ACTIVE
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MANAGEMENT OR CONTROL OF ANY BUSINESS WHICH IN ANY

WAY BE AFFECTED BY THE FUNCTIONS OF HIS OFFICE, nor shall
he be financially interested, directly or indirectly, in any contract with, or
in any franchise or privilege granted by the Government, any of its
subdivisions, agencies, or instrumentalities, including government-owned
or controlled corporations or their subsidiaries.
2. Can a Senator, President of the Phils, Cabinet Secretary-Lawyer or COMELEC
Commissioner teach in a law school (matter of employment and engage in any
occupation)?
o Senator: YES, no prohibition in Article 6 for them to be employed in any
occupation.
o President and cabinet secretary: NO EMPLOYMENT.
o Constitutional commissioner: NO EMPLOYMENT.
3. Can a Senator, President of the Phils, Cabinet Secretary-Lawyer or ) COA Commissioner
accept cases and defend clients in court?
o Senator-lawyer: Generally, YES. What is prohibited only is PERSONALLY
APPEAR. There are 2 ways to appear in court: personal appearance (in
court) and formal appearance (file pleadings).
o President of PH, Cabinet members and Constitutional commissioner: CANNOT
PRACTICE ANY PROFESSION. Neither shall he engage in the practice of
any profession.

How a bill becomes a law?

LEGISLATIVE PROCESS - How A Bill Becomes A Law
1. PREPARATION OF THE BILL
2. FIRST READING
3. COMMITTEE CONSIDERATION / ACTION
4. SECOND READING
5. THIRD READING
6. TRANSMITTAL OF THE APPROVED BILL TO THE SENATE
7. SENATE ACTION ON APPROVED BILL OF THE HOUSE
8. CONFERENCE COMMITTEE
9. TRANSMITTAL OF THE BILL TO THE PRESIDENT
10. PRESIDENTIAL ACTION ON THE BILL
11. ACTION ON APPROVED BILL
12. ACTION ON VETOED BILL

1. PREPARATION OF THE BILL

The Member or the Bill Drafting Division of the Reference and Research Bureau prepares and
drafts the bill upon the Member's request.
2. FIRST READING

a) The bill is filed with the Bills and Index Service and the same is numbered and
reproduced.
b) Three days after its filing, the same is included in the Order of Business for First
Reading.

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c) On First Reading, the Secretary General reads the title and number of the bill. The
Speaker refers the bill to the appropriate Committee/s.
3. COMMITTEE CONSIDERATION/ACTION

a. The Committee where the bill was referred to evaluates it to determine the necessity of
conducting public hearings.
If the Committee finds it necessary to conduct public hearings, it schedules the time
thereof, issues public notics and invites resource persons from the public and private
sectors, the academe and experts on the proposed legislation.
If the Committee finds that no public hearing is not needed, it schedules the bill for
Committee discussion/s.
b. Based on the result of the public hearings or Committee discussions, the Committee may
introduce amendments, consolidate bills on the same subject matter, or propose a
subsitute bill. It then prepares the corresponding committee report.
c. The Committee approves the Committee Report and formally transmits the same to the
Plenary Affairs Bureau.

4. SECOND READING

1. The Committee Report is registered and numbered by the Bills and Index Service. It is
included in the Order of Business and referred to the Committee on Rules.
2. The Committee on Rules schedules the bill for consideration on Second Reading.
3. On Second Reading, the Secretary General reads the number, title and text of the bill
and the following takes place:

a. Period of Sponsorship and Debate

b. Period of Amendments
c. Voting which may be by:

i. viva voce
ii. count by tellers
iii. division of the House; or
iv. nominal voting
5. THIRD READING

1. The amendments, if any, are engrossed and printed copies of the bill are reproduced for
Third Reading.
2. The engrossed bill is included in the Calendar of Bills for Third Reading and copies of the
same are distributed to all the Members three days before its Third Reading.
3. On Third Reading, the Secretary General reads only the number and title of the bill.
4. A roll call or nominal voting is called and a Member, if he desires, is given three minutes
to explain his vote. No amendment on the bill is allowed at this stage.

a. The bill is approved by an affirmative vote of a majority of the Members present.

b. If the bill is disapproved, the same is transmitted to the Archives.
6. TRANSMITTAL OF THE APPROVED BILL TO THE SENATE
The approved bill is transmitted to the Senate for its concurrence.

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7. SENATE ACTION ON APPROVED BILL OF THE HOUSE

The bill undergoes the same legislative process in the Senate.

8. CONFERENCE COMMITTEE

1. A Conference Committee is constituted and is composed of Members from each House

of Congress to settle, reconcile or thresh out differences or disagreements on any
provision of the bill.
2. The conferees are not limited to reconciling the differences in the bill but may introduce
new provisions germane to the subject matter or may report out an entirely new bill on
the subject.
3. The Conference Committee prepares a report to be signed by all the conferees and the
Chairman.
4. The Conference Committee Report is submitted for consideration/approval of both
Houses. No amendment is allowed.
9. TRANSMITTAL OF THE BILL TO THE PRESIDENT
Copies of the bill, signed by the Senate President and the Speaker of the House of
Representatives and certified by both the Secretary of the Senate and the Secretary General of
the House, are transmitted to the President.

10. PRESIDENTIAL ACTION ON THE BILL

1. If the bill is approved the President, the same is assigned an RA number and transmitted
to the House where it originated.
2. If the bill is vetoed, the same, together with a message citing the reason for the veto, is
transmitted to the House where the bill originated.
11. ACTION ON APPROVED BIL
The bill is reproduced and copies are sent to the Official Gasette Office for publication and
distribution to the implementing agencies. It is then included in the annual compilation of Acts
and Resolutions.

12. ACTION ON VETOED BILL

The message is included in the Order of Business. If the Congress decides to override the veto,
the House and the Senate shall proceed separately to reconsider the bill or the vetoed items of
the bill. If the bill or its vetoed items is passed by a vote of two-thirds of the Members of each
House, such bill or items shall become a law.

Discussion: ABACADA GURO AND TOLENTINO CASES

Q1: what is the role of the senate of the bill is a bill that must originate in the house of
representatives?
Q2: what is the role of the bicameral conference committee? What is its role and
nature?
o Tolentino v Secretary of Finance: BCC can even come up with an entirely new
version in order to perform function of reconciling versions effectively, and
submit that to the President
SECTION 24. All appropriation, revenue or tariff bills, bills authorizing increase of the
public debt, bills of local application, and private bills shall originate exclusively in the

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House of Representatives, but THE SENATE MAY PROPOSE OR CONCUR WITH

AMENDMENTS.
o Amendment by substitution = still an amendment, not a revision.

SECTION 21.
SECTION 21. The Senate or the House of Representatives or any of its respective committees
may conduct inquiries IN AID OF LEGISLATION in accordance with its duly published rules of
procedure. The rights of persons appearing in or affected by such inquiries shall be respected.
3. The Senate of the Philippines asked the Secretary of Education, Sec. Lapis, and the President
of the Philippines to attend a legislative inquiry about alleged anomalies and corruption
committed by certain government officials in the Department of Education involving illegal
procurement of school supplies and books. Invoking executive privilege, Sec. Lapis refused to
attend the legislative investigation contending that procurement of school supplies and
materials is an executive, not legislative, function. The president also refused to attend the
hearing and was quoted as saying problema ni Lapis yan, wala akong pakialam! Kung gusto
nila ipasara ko yang inutil na Senado nay an! May Sec. Lapis and the president be punished for
contempt by the Senate for their refusal to attend the inquiry? Why or why not?
What happened in the case of BENGZON VS. SENATE BLUE RIBBON COMMITTEE?
o It was not in aid of legislation because it was in fact determined by the court
that the purpose of the investigation really was just to indetify possible
offenders. Apparently, a lawmaker transferred properties in a local group etc.
therefore, potential violation of law might have been committed. The SC ruled
that the investigation must be in AID OF LEGISLATION.
WHAT IS IN AID OF LEGISLATION?
o Distinguished from Question Hour (Senate vs. Ermita)
o Inherent in Congress (and its Committees); co-extensive with the power to
legislate? (Arnault vs. Nazareno), but not inherent in local legislative
bodies (Negros Oriental II Electric Coop vs SP);
o in aid of legislation does not mean that the investigation should result to a
piece of legislation
o Subject to constitutional limitations: in aid or legislation, in accordance with the
duly published rules of procedure (see: garcilliano vs senate), and rights of
those affected are respected (Neri vs Senate)
o Subject to inherent limitation: Separation of powers and Co-equality of
government branches (e.g. Executive Privilege )
There is no requirement that a pending bill must be present or a proposed bill must be
the result of an investigation. What is only REQUIRED is, investigation is conducted to
gather information that may be necessary in the performance of legislative function.
Legislative function is not only law making. In fact, if this investigation is just to know
whether public funds were appropriated properly then it is a function found within the
legislative department.
How can a lawmaker craft law if it does not have any necessary information.
not inherent in local legislative bodies:
o why? Because LGU only exercise delegated powers. Under administrative law,
this administrative bodies and other agencies outside of congress can only
exercise the power to issue subpoena and cite the disobedient party in contempt
of court if they are provided for by law or granted by law that power. In the
absence of a law granting them that power then they cannot exercise. Especially
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that the power to issue subpoena and cite in contempt is essentially a

judicial function.
Distinguish question hour (section 22) from legislative inquiry (section 21):
o Nature:
Question hour = the power of the congress is not compulsory. Since it is
not compulsory then NO issuance of subpoena or cite in contempt.
NOT COMPULSORY; NOT FOR LAW MAKING BUT THE FUNCTION
INVOLVE HERE IS THE OVERSIGHT FUNCTION
SECTION 22. The heads of departments may upon their own
initiative, with the consent of the President, or upon the request
of either House, as the rules of each House shall provide, appear
before and be heard by such House on any matter pertaining to
their departments. Written questions shall be submitted to the
President of the Senate or the Speaker of the House of
Representatives at least three days before their scheduled
appearance. Interpellations shall not be limited to written
questions, but may cover matters related thereto. When the
security of the State or the public interest so requires and the
President so states in writing, the appearance shall be conducted
in executive session.
OVERSIGHT FUNCTION = just to monitor the status of the laws
they created/enacted. How the executive department is
implementing it?
INFORMING FUNCTION = it is for the public; informing the
public; live coverage or broadcast during senate hearings;

"IN AID OF LEGILATION = this is compulsory; subpoena can be issued;

anyone can be cite in contempt.
o Generally: ANYONE CAN BE COMPELLED
o Except: the president and the justices of the supreme
court [reason: co-equality of the three branches of the
government]
Executive Privilege
o Meaning: the power of the government to withhold information from the
public, the courts, and the congress.
o Scope: state secrets privilege, informers privilege, generic privilege [note of
operational proximity rule] (Senate vs Ermita)
o Who can invoke: personal to the president only
o Limitations: (1) within its scope (2) properly invoked (3) yields to administration
of criminal justice for punishment of crimes (US vs Nixon)
o Back to the problem:
The Senate of the Philippines asked the Secretary of Education, Sec.
Lapis, and the President of the Philippines to attend a legislative inquiry
about alleged anomalies and corruption committed by certain
government officials in the Department of Education involving illegal
procurement of school supplies and books. Invoking executive
privilege, Sec. Lapis refused to attend the legislative investigation
contending that procurement of school supplies and materials is an
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executive, not legislative, function. The president also refused to attend

the hearing and was quoted as saying problema ni Lapis yan, wala
akong pakialam! Kung gusto nila ipasara ko yang inutil na Senado nay
an! May Sec. Lapis and the president be punished for contempt by the
Senate for their refusal to attend the inquiry? Why or why not?
There is a law on procurement- ILLEGAL PROCUREMENT ACT. Hence,
this problem is an aid in legislation.
o Limitations: (1) within its scope (2) properly invoked (3) yields to administration
of criminal justice for punishment of crimes (US vs Nixon)
o Once executive privilege is properly invoked then legislative investigation
cannot proceed. Question here is:
What is executive privilege?
What is its nature?
Who can invoke it?
How should it be invoked?
o OPERATIONAL PROXIMITY RULE:
EO 464 enumerated those who are covered by the proximity rule.
Conversation between the president and the following [dont have to
enumerate it] the idea is LIMITED ONLY TO HIGH-RANKING
GOVERNMENT OFFICIALS (e.g. member of the cabinet)
o Caveat on executive privilege doctrine:
The official, no matter what, is compelled to attend unless you are the
president of justice of the supreme court. However, the official can
invoked the executive privilege doctrine by the president himself through
writing a directive to the official that he [the president] is invoking
executive privilege doctrine on a particular question.

OTHER POWERS: Art. II, Section 4 as board of Canvassers in Elections for President and Vice-
president
What is the purpose for canvassing? It is not counting anymore. Canvassing is different
because instead of looking at the ballots, ballots are no longer counted in the period of
canvassing. Rather canvassing is the authentication of the election returns, thats the
purpose. Election returns are the summary of the result of the counting.
We divided several tribunals to act as the board of canvassers and for the president and
vice-president we have the CONGRESS to act as the electoral tribunal.

Call special election for president and vice president (Art. VII, Section 10)
NOTE: NO MEMBER FROM THE SENATE AND HOUSE OF REPRESENTATIVE CAN EVER
BECOME THE PRESIDENT OR VICE-PRESIDENT as we will see later on THE MOST that
a senator of congressman can serve is in acting capacity only.
If there is vacancy, there will be a SPECIAL ELECTION called by the congress

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Revoke/extend suspension of privilege of writ of habeas corpus, declaration of martial law (Art.
VII, Sec.18)

Approve presidential amnesties (Art. VII, Sec. 19)

This is one of the pardoning powers of the president. The power to grant pardon.
(1) reprieve (2) pardon and (3) amnesty
Of all the pardoning powers of the president. It is the power of the president to grant
amnesty that is shared with the Congress. This is the only pardoning power of the
president that is called a public act on the part of the president. Amnesty is shared
with the congress because it is a public act.

Confirm certain appointments (Art. VII, Section 9 and 16)

There are appointments made by the president that require the confirmation of the
COA. At this point, what you only need to know is that the power to appoint of the
president is EITHER to be confirmed by the COA or not depending on the position. The
point here is that NOT ALL APPOINTMENTS MADE BY THE PRESIDENT ARE TO
BE CONFIRM BY THE COA, ONLY THOSE THAT ARE ENUMERATED IN THE LAW.

Concur in treaties (Art. VII, Sec. 21)

Bayan muna vs Alberto Romulo

The term we use here is concurrence of the senate.

Situation: an ambassador or secretary of the foreign affairs can represent the country in
behalf of the president for the signing of the treaty. Such signed treaty has no legal
effects yet. Once the president ratified the treaty it will now be binding in our country
[limited obligations]
Q: Is the president required to submit the ratified treaty to the congress? Is
the president compelled?
A: NO. In our jurisdiction, the power of foreign affairs and international relations is
exclusive in our head of state who happens to be our president. Otherwise, if
he is compelled, then his powers will become subordinated to that of the
Senate and that is not how we are supposed to interpret the foreign affairs
power of the senate.
Q: Can you enjoin the president from submitting a copy of the treaty to the senate?
A: not also. It is a political question. If there is a constitutional objection with respect to
the treaty, then FILE A CASE. FILE IT BEFORE THE COURT. But you cannot compel
the president from submitting the treaty he has ratified to the senate for concurrence.

Declare war and delegate emergency powers (Art. VI, Sec. 23)
in case of war and other national emergency interpreted by our supreme court
to include not just man-made national emergency related to war but even calamities
and other natural disasters. (e.g. national emergency metro manila traffic)
PRESIDENTIAL DECREES = the president can legislate while exercising emergency
powers this is in pursuant to a declared national policy.
o Caveat: not all kinds of legislations can be pass. Only those legislations that
are in pursuant to the declared national policy.
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Judge presidents fitness (Art. VII, Section 11, par. 4)

Power of Impeachment (Art. XI)

Important points:
o Who are the impeacheable officers:
1. Pres
2. VP
3. Ombudsman
4. Justices of the SC
5. Commissioners of COA, SCS, COMELEC
o What are the grounds:
1. Culpable violation of the Constitution
2. Treason
3. Bribery
4. Graft and corruption
5. Other high crimes
6. Betrayal of public trust
Q: would any act of betrayal of public trust be considered as a
ground for impeachment?
A: in the records of the constitutional commission, all of these
grounds must be grave and gross in character. So for example,
the president did not disclose his 2 billion wealth. This is a
betrayal of public trust.
CASE TO CASE BASIS
o Q: If there is a petition for disbarment is filed against a justice of the
supreme court will the disbarment proceeding prosper?
o A: you cannot remove an impeacheable official by other means,
DIRECTLY OR INDIRECTLY, if it says remove him by impeachment
then REMOVE HIM THE FUCKING IMPEACHMENT WAY.
NOTE: Congress CANNOT add impeacheable officers and grounds for obvious reasons:
EXCLUSIVE SIYA.
2 STAGES IN THE IMPEACHMENT PROCEEDING:
o (1) Impeachment
o (2) the trial
o It is not the impeachment that causes the removal it is the CONVICTION. Which
will result to the removal from office.
o Francisco jr vs HOS: When the articles of the impeachment had already been
prepared in congress then that is the time that the official have been
impeached. Whether or not he will be removed from the office there will still be
a trial in the senate to determine whether he will be removed or not.
PROCEDURE:
o How to initiate it? ONLY THE HOUSE OF REPRESENTATIVE can initate.
o Note: The ombudsman CAN STILL INVESTIGATE but they cannot initiate any
impeachment proceeding.
o What is required is a verified complaint. Which can be done in 2 ways:

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To be sent to the Committee and make a report (Articles of

Impeachment) to send to the plenary to be voted by 1/3 of the HOR
By any citizen (with endorsement of the member)
By any HOR member through a verified complaint
Direct initiation of 1/3 of all members of HOR (no need to go through
committee)
o ONE YEAR BAR RULE
Vaccine complaint = the arroyo case daw ba. when theyll just file an
impeachment complain that will be sufficient in form, lacking in
substance.
What the SC did they consolidate all impeachment cases

What happens in the Senate is POLITICAL JUSTICE (not legal or judicial justice, FORGET
EVIDENTIARY RULES), it is a sui generis proceeding
o Will really be decided by a vote not by the evidence
o very high threshold to be justiciable as it is a political question
- What are the consequences of the conviction by the Senate?
o Removal of office (only result)
o And disqualification of any public office
o Not extend further than removal of office
o Criminal case may be filed later on (but not on a basis of what transpired in
impeachment)
- When an official resigns before trial
o Not render it to be moot and academic
o There is still another penalty of disqualification
EXECUTIVE DEPARTMENT
Preliminary discussion focus:
- Qualifications
- Election terms
- Others
(Review Citizenship topic)
1. RESIDENCY REQUIREMENT:
- Under election laws, domicile is synonymous with residence.
If you want to establish a new domicile, there are three requirements:
1. Anomous matindae intention to live permanently in the new domicile
2. Anomous non-revertindae intention not to return to your old domicile
3. Physical presence in the new domicile (Romualdez Doctrine)
Note: But the caveat here as developed by the case of Grace Poe, if you are required to be a
resident of the Philippines for 10 years and you have been a domicile of another country and
wishes to re-establish domicile in the Philippines. Apparently, the SC has not required the
requirement of physical presence should also be 10 years before the day of election. It is
possible that one can re-establish domicile even not physically present provided there are other
indications of that intent to establish new domicile.
2. TERM OF OFFICE:

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- The term of office is 6 years (US 4 years with one re-election)

- A VP who becomes a President is still possible to run as president, only prohibited when
the VP has served as President for more than 4 years. Otherwise, if below 4 years then
can still run as President.
3. SALARY:
- Determined by law/congress
- To make sure that the president remains independent from the congress, there are
prohibitions:
o The salary cannot be decreased during his tenure
o If increased, this can be made effective only until after the expiration of the term
of the incumbent
Distinction between Term and Tenure, the former is fixed and never be shortened while the
latter refers to the actual incumbency.
PRIVILEGES
1. EXECUTIVE IMMUNITY OF THE PRESIDENT
Can you sue the President? It depends.
Note: In the Philippines, our President is both the Head of State and of Government. As head of
state, being the symbolic representation of what otherwise is an abstract state the President
also enjoys immunity from suit.
Immunity classified into two kinds (these two kinds of immunity are also applicable to
ambassadors and heads of state):
i. Immunity Rationae Personae
- applies to Incumbent President, meaning the immunity from suit attaches to the person.
The nature of the act whether official or not does not matter. (Ex. Annulment of
Marriage, Criminal cases filed are barred)
- Immunity is absolute. The reason behind it is that focus should never be diverted as he
has to attend to more paramount state affairs. The need of the President to be focus on
looking the affairs of the State will have to subordinate the interest of the State to
prosecute him.
Exception:
In David vs Macapagal-Arroyo, the SC made an insinuation in a way that the President can
be sued under the Doctrine of Command Responsibility but specific only on enforced
disappearances in Writ of Amparo cases. The SC justified this the President is not being sued in
his capacity as a President or directly because command responsibility is not a direct suit but a
suit against the subordinates however the superior being the President and the same time as
the Commander-In-Chief of all armed forces, and in cases of enforced disappearances and the
respondents are military officials then it is not objectionable to make the President as one of the
respondents as for reasons that the CIC is being sued and not personally as an individual.
ii. Immunity Rationae Materiae
- this immunity applies when the President steps down from the office, regardless
whatever reason either by expiration of term or other reasons

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- the immunity becomes a material in order to distinguish the acts whether were
performed in his official capacity or beyond his official capacity (Ex. If the President
commits murder then during his incumbency he is immune from a suit, but after tenure
or actual incumbency or term then can now be prosecuted for the crime of murder being
not a function of the President.
Worthy to note:
In Soliven vs Macasiar, the then President Cory was the one who sued the publisher of a
newspaper. It was said that the President being immune from suit cannot also sue (failing
argument). The SC was dismissed and distinguished between the privilege and the right to sue.
Besides it is a privilege where the President may or may not invoked.
2. SEC 13, ART VII PROHIBITIONS
- The President, VP, Cabinet Members their deputies and assistants shall not hold any
other office, unless otherwise provided in this Constitution. As instances where a VP be
appointed to a cabinet office or acting as President is not prohibited even holding two
offices. Worth noting is Sec 8, Art VIII where one of the JBC members must be the
Secretary of Justice as an ex-oficcio member. But if the office is occupied without any
additional compensation in an ex-officio capacity required by law is not prohibited.
3. SUCCESSION
- Instances before assumption of office, the President-elect and the VP-elect shall assume
office at the beginning of their terms. There are different situations there as to what
may happen.
Before noon of June 30
Three Situations:
a. If the President-elect fails to qualify, the VP will act as the president until he is
qualified. (Ex. If the President have been by final judgment disqualified or cannot
take the oath, then really fails to qualify.)
b. If no President had been chosen, the VP will act as the president until
proclamation is made. (Ex. If no proclamation for any reason has been made,
then we had not chosen a president.
c. If in case of temporary disability/incapacity of the President, the VP acts as the
president.
After noon of June 30
Instances that may happen are
a. President dies, permanently disabled, or has been removed or has resigned, then
the VP becomes the President. Absence of the two, then it will be the Senate
President or Speaker of the House who will act as the president. One way of
sticking to the Doctrine of Separation of Powers, that no official elected as
lawmaker shall become an executive official. (This happens either before or after
assumption of office.) In unfortunate case where no Senate President or House
Speaker, the Constitution mandates that the Congress will have to provide as to
who shall act as the president by passing a law.
4. POWER AND FUNCTIONS OF THE PRESIDENT
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Executive power in Marcos vs Manlapus, as held by the SC, it is wrong to

interpret the power of the President as simply the power to enforce but is more than
that. The issue in the case was whether the President can bar the return of a Filipino
Citizen to the Philippines. Invoking the right to travel, the SC said that this right only
means the right to leave the country and go wherever he wants but returning back to
your home country is no longer covered with this right. Leaving is a right, but coming
back is more of a privilege. With perusal to all laws, none has stated that the president
has the power to bar returning citizned, but SC held that the executive power is not just
the enumerated powers in the Constitution but rather the sum total of all the powers
appurtenant to the office of the president.
Residual powers a necessary power given to the President under a presidential
government, thus powers are distributed to different branches. But when there is a
power not allocated nor assigned to a specific branch then it is treated as an executive
power. This means that the president can create any office which is an ad hoc office but
not on a permanent basis especially if it is outside the office of the president proper.
Offices are primarily created by Congress hence if the President creates a permanent
office outside his office then it constitutes a violation of separation of powers.
5. POWER OF CONTROL
Sec 17, Art VII speaks of the power of control of congress. Agencies created by
the Revised Administrative Code. After 1987 Constitution, the structure of which was
given flesh whereby when the code was passed it created one time the offices within
the governmental framework. (Ex. DepEd etc) These are the agencies that are within
the power of control of the president, and all other agencies are under the control of
congress where can be abolished by the same which created these agencies. Thus,
these agencies are generally beyond the concurred power of the president unless the
congress itself declares that that particular office is within the control of the president.
(Ex. MMDA which is not really within the governmental framework but the congress
gave it to the president the president the power of control. This means that the
congress delegates this power thru a law to the president, otherwise then no power is
given to president. Another is the power of the president over the LGUs pursuant to Art
10 which provides that the president can exercise power of general supervision but not
control. Sec 16, Art 10 includes ARMM but same only power of general supervision and
not control.)
Distinguishing the two:
Power of Control
- this is not just determined by the ability of the superior to set aside or nullify the act of a
subordinate, but what makes an act one of control is when, under the law, the superior
has the power to substitute the judgment of the subordinate of his own.
Power of General Supervision
- in this relationship, the supervisor merely seeks history that the act of the subordinate is
within the bounce of law

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Effects: The effect in the power of control is that the superior can undo the act and
substitute it with its own, while in general supervision the superior simply declares the
act void but not permitted to substitute the judgment if his subordinate but can only
order the subordinate to redo it.
Worth noting:
In Ganzon vs CA, the power of the president to discipline local government officials is
not incompatible with general supervision power. This means that the president may discipline
and will not be considered as control since disciplining Local Government officials is simply like
the president telling they should follow the law.
6. SEC 16 - POWER OF APPOINTMENT
- the President shall nominate and, with the consent of the Commission on Appointments,
appoint the heads of the executive departments (Ex. secretaries), ambassadors, other
public ministers and consuls (Ex. foreign affairs), or officers of the armed forces from
the rank of colonel or naval captain(different rankings when you say marine, air force,
military), and other officers whose appointments are vested in him in this Constitution
(Ex. Chairman and members of Constitutional Commission Art. 9,Member of the
Judicial Bar Council Art 8, and Sectoral Representatives but was replaced by the Party
List System.)
Question: Can congress pass a law creating a commission name Moral Recovery Commission
due to the extra judicial killings headed by a chairman whom shall be appointed by the
president adding the provision, with the conformity of the Commission on Appointments. Is
there a constitutional infirmity to the law passed by congress? Yes, since what is
enumerated in the constitution under section 16, but the President can still appoint other
officers of the government when the law has failed to mention the appointing authority as part
of the residual power of the president. But a law may be passed giving the power of
appointment in the president alone without the conformity of the Commission on Appointments.
Different Kinds of Appointments:
i. ad interim appointment or recess appointment
- appointment is permanent until such is disapproved by the Commission on
Appointments or until the next adjournment of congress
- appointments made while congress is not is regular or special sessions
- adjournment senidae when the congress is being replaced with the new one
j. temporary appointment
- exception under Sec 15
Limitations on Appointments:
- Limitations on Sec 13 to avoid NEPOTISM which may extend up to the 4th degree of
consanguinity or affinity but is only limited to the positions members of the
Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of bureaus or offices, including government owned
or controlled corporations and their subsidiaries.
- Prohibiting midnight appointments under Sec 15 Two months immediately before the
next presidential elections and up to the end of his term, a President or acting President
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shall not make appointments except temporary appointments to executive positions

when continued vacancies therein will prejudice public service or endanger public safety
(Ex. Appointing Secretary of Health on an epidemic.)
Worth Noting:
In Arturo de Castro vs JBC, the former Chief Justice Puno retired upon reaching the age of
70 around May 2017. The JBC announced the vacancy seat. The issue was that the
appointment can be considered a midnight appointment knowing May 2010 is two months
before noon of June 30. However, the SC ruled that the prohibition on midnight appointments
does not apply to the judiciary. Sec 15 has a general scope but Sec 4, Par 1, Art VIII, provides
that any vacancy shall be filled within 90 days from the occurrence thereof. By Constitutional
interpretations, a later provision is deemed to modify earlier provision. Another, Sec 15 is
general which is applicable to many positions but Sec 4, Par 1 is specific.
7. PARDONING POWER
- Power to grant Pardon, Amnesty, Reprieve, and Remission of Fines and Forfeiture
Definitions:
i) Pardon. An act of grace which exempts the individual onwhom it is bestowed from the
punishment that the law inflicts for the crime he has committed. Executive act.
ii) Probation is judicial in nature. Cannot appeal.
iii) Commutation. Reduction or mitigation of the penalty
iv) Reprieve. Postponement of a sentence or stay of execution
v) Parole. Release from imprisonment, but without full restoration of liberty, as parolee is
still in the custody of the law although not in confinement
vi) Amnesty. Act of grace, concurred in by the legislature, usually extended to groups of
persons who committed political offenses, which puts into oblivion the offense itself.
8. MILITARY POWERS SEC 18
Three Kinds of Powers
i. The Calling Out Power (Most benign power)
o Measure of degree of political question (he may call out such armed forces to
prevent or suppress lawless violence, invasion or rebellion)
o Two grounds: Invasion when public safety requires it and Rebellion when public
safety requires it
j. The Power to Suspend the Privilege of Writ of Habeas Corpus
o It is the privilege that is suspended and not the writ/order
o This means that the privilege has been restricted on testing the validity of his
detention. any person thus arrested or detained shall be judicially charged within
three days, otherwise he shall be released
o Bringing the body to the court = habeas corpus
o The suspension of the privilege of the writ shall apply only to persons judicially
charged for rebellion or offenses inherent in or directly connected with the
invasion. If not covered, then the court may proceed with the order.
o Writ of Amparo the court may compel the person to look for the person

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o Writ of Habeas Data supplementary to amparo, if your liberty has been

threatened they may filed to correct the data
k. Martial Law (Least benign, strongest)
o Declaration for purposes of warning that the military power has been called upon
by the executive to maintain law and order, while the emergency lasts, the
citizens must under pain of arrest and punishment not to commit any act that
will prevent or render more difficult restoration of order or enforcement of law
o No change in the legal system and is still governed by a civilian law not by a
military law. Prosecution still happens in civil courts and not in military courts. It
does not suspend the operations of the Constitution. However, if acts are made
which will prevent restoration of order. (Ex. Violating curfew hours on areas
being declared under martial law. Warrantless arrest may happen since there is
violation of a law.
(Read the SC ruling on the proclamation 216 of President Duterte)
o As to the scope of the rebellion, the President has the intelligence which the SC
cannot question or compel to know
JUDICIAL DEPARTMENT
- The only power of the Sc is the JUDICIAL POWER
- Composed of 15 Justices and one is the Chief Justice
- Appointment under JBC (Arturo de castro vs CA)
- Their salaries are determined by law
- Cannot disbar a justice as they can only be removed by impeachment
- Doctrine of Hierarchy of Courts
- Sec 5, Par 2 appellate jurisdiction (Minimum Appellate Jurisdiction of the SC
Jurisdiction is determined by law)
- Manners in sitting in votes
- Cases to be heard en banc
- The decision must state clearly and distinctly the facts and law, as well as the legal basis
for the conclusion being part of the due process since deprivation of property rights may
happen
- All cases filed after the effectivity of the Constitution must be decided or resolved, from
date of submission, within: 24 months - Supreme Court; 12 months - lower collegiate
courts, and 3 months - all other lower courts; unless, in the two latter cases, the period
is reduced by the Supreme Court
- Period to try may extend for a while, only period to decide is limited once all pleading
has been submitted and is now waiting for a decision
- The court can admit justified delays
- Rules under sec 5
- Sc must provide inexpensive and simplified procedure, uniformity on courts procedure
which shall not modify or diminish substantive rights
- Practice of law is exclusive in the judiciary

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- In re Cunanan where a law was pass reducing the passing rate for bar
unconstitutional since admission to the bar is an exclusive function of the SC
- Judges and Justices are prohibited non judicial functions
- In re Manzano, where the judge was designate by the mayor as the provincial society of
justice. Nullified since non judicial function
- Supervision on lower courts inclusive of clerks of courts such as discipline on its
personnel
- In Maceda vs Basquez, the rule of the Ombudsman vis--vis the rule of the SC. Can a
criminal complaint be file against a judge or court employee before the Ombudsman?
Yes, since there is no prohibition on it but the Ombudsman must defer action on the
complaint and refer the same to the SC for determination whether the judge acted
within his duties.

Prepared by: Sunshine Rubin

Phil Christer Gaspar