ARTICLE I – THE NATIONAL TERRITORY

The national territory of the Philippines comprises:

1. The Philippine archipelago

2. With all the islands and waters embraced therein
3. And all other territories over which the Philippines has sovereignty or jurisdiction
4. Consisting of its
a. Terrestrial
b. Fluvial; and CODE: TFA
c. Aerial domains
5. Including its
a. Territorial sea
b. The seabed
c. The subsoil CODE: TSSIO
d. The insular shelves; and
e. The other submarine areas
6. The waters
a. Around
b. Between and
c. Connecting
d. The islands of the archipelago CODE: ABCI
Regardless of their breadth and dimensions
Form part of the INTERNAL WATERS of the Philippines

Definition of Archipelago

An archipelago is a body of water studded with islands. The Philippine archipelago is that body of water
studded with islands which is delineated in the Treaty of Paris (1898), as amended by the Treaty of
Washington (1900) and the Treaty of Great Britain (1930).

Definition of “all other territories over which the Philippines has sovereignty or jurisdiction”

It includes any territory that presently belongs or might in the future belong to the Philippines through
any of the internationally accepted modes of acquiring territory.

Archipelagic principle

Two elements:
1. The definition of internal waters (as provided above);
2. The straight baseline method of delineating the territorial sea – consists of drawing straight
lines connecting appropriate points on the coast without departing to any appreciable extent
from the general direction of the coast.
Important distances with respect to the waters around the Philippines

1. Territorial sea - 12 nautical miles (n.m.)

2. Contiguous zone - 12 n.m. from the edge of the territorial sea
3. Exclusive economic zone - 200 n.m. from the baseline [includes (1) and (2)]

ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES

Selected principles

S EC 1. The Philippines is a democratic and republican State. Sovereignty resides in the people
and all government authority emanates from them.

Elements of a State (for municipal law purposes) CODE: PTSG

1. A community of persons, more or less numerous (PEOPLE)

2. Permanently occupying a definite portion of territory (TERRITORY)
3. Independent of external control (SOVEREIGNTY)
4. Possessing an organized government to which the great body of inhabitants render habitual obedience
(GOVERNMENT)

Definition of “People” CODE: CNCH

1. A Community of persons;
2. Sufficient in Number;
3. Capable of maintaining the continued existence of the community; and
4. Held together by a common bond of law.

Definition of “Sovereignty”

1. LEGAL sovereignty
a. The supreme power to make law.
b. It is lodged in the people.

2. POLITICAL sovereignty
a. The sum total of all the influences in a state,
b. Legal and non-legal,
c. Which determine the course of law.

3. According to the Principle of AUTO-LIMITATION:

Sovereignty is the property of the state-force due to which it has the exclusive capacity of legal
self-determination and self-restriction.

Definition of “Government”

1. That institution or aggregate of institutions

2. by which an independent society
3. makes and carries out those rules of action
4. which are necessary to enable men to live in a social state
5. or which are imposed upon the people forming that society by those who possess the power or
authority of prescribing them.

Classification of governments

1. De jure - one established by the authority of the legitimate sovereign

2. De facto - one established in defiance of the legitimate sovereign

Classification of de facto governments

1. De facto proper
a. That government that gets possession and control of
b. or usurps by force or by the voice of majority
c. the rightful legal government
d. and maintains itself against the will of the latter.

2. Government of paramount force

a. That which is established and maintained by military forces
b. who invade and occupy a territory of the enemy
c. in the course of war.

3. That established as an independent government by the inhabitants of a country who rise in insurrection
against the parent state.

Definition of “Republican State”

It is one wherein all government authority emanates from the people and is exercised by representatives
chosen by the people.

Definition of Democratic State

This merely emphasizes that the Philippines has some aspects of direct democracy such as initiative and
referendum.

S EC . 2. The Philippines renounces war as an instrument of national policy, adopts the generally
accepted principles of international law as part of the law of the land and adheres to the policy of
peace, equality, justice, freedom, cooperation, and amity with all nations.

Kind of war renounced by the Philippines

The Philippines only renounces AGGRESSIVE war as an instrument of national policy. It does not
renounce defensive war.

Some "generally accepted principles of international law" recognized by the Court:

1. Right of an alien to be released on bail while awaiting deportation when his failure to leave the country
is due to the fact that no country will accept him (Mejoff v. Director of Prisons, 90 Phil. 70)
2. The right of a country to establish military commissions to try war criminals (Kuroda v. Jalondoni, 83
Phil. 171)
3. The Vienna Convention on Road Signs and Signals (Agustin v. Edu, 88 SCRA 195)
Amity with all nations

This does not mean automatic diplomatic recognition of all nations. Diplomatic recognition remains a matter
of executive discretion.

S EC 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the
Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of
the State and the integrity of the national territory.

Civilian authority/supremacy clause (1 st sentence)

1. Civilian authority simply means the supremacy of the law because authority, under our constitutional
system, can only come from law.
2. Under this clause, the soldier renounces political ambition.

Mark of sovereignty (2 nd and 3 rd sentences)

1. Positively, this clause singles out the military as the guardian of the people and of the integrity of the
national territory and therefore ultimately of the majesty of the law.
2. Negatively, it is an expression of disapproval of military abuses.

S EC 4. The prime duty of the Government is to serve and protect the people. The Government
may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be
required, under conditions provided by law, to render personal, military, or civil service.

S EC . 5. The maintenance of peace and order, the protection of life, liberty and property, and the
promotion of the general welfare are essential for the enjoyment by all the people of the
blessings of democracy.

S EC . 6. The separation of Church and State shall be inviolable.

Selected state policies

S EC . 7. The State shall pursue an independent foreign policy. In its relations with other states,
the paramount consideration shall be national sovereignty, territorial integrity, national interest,
and the right to self-determination.

S EC . 8. The Philippines, consistent with the national interest, adopts and pursues a policy of
freedom from nuclear weapons in its territory.

Policy of freedom from nuclear weapons

1. The policy PROHIBITS:

a. The possession, control and manufacture of nuclear weapons
b. Nuclear arms tests.

2. The policy does NOT prohibit the peaceful uses of nuclear energy.
S EC . 12. The State recognizes the sanctity of family life and shall protect and strengthen the
family as a basic autonomous social institution. It shall equally protect the life of the mother and
the life of the unborn from conception. etc.

Principle that the family is not a creature of the state.

Protection for the unborn

1. It is not an assertion that the unborn is a legal person.

2. It is not an assertion that the life of the unborn is placed exactly on the level of the life of the
mother. Hence, when it is necessary to save the life of the mother, the life of the unborn may
be sacrificed.
3. Under this provision, the Roe v. Wade doctrine allowing abortion up to the 6th month of
pregnancy cannot be adopted in the Philippines because the life of the unborn is protected
from the time of conception.

S EC . 16. The State shall protect and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature.

1. While the right to a balanced and healthful ecology is found under the declaration of Principle
and State Policies and not under the Bill of Rights, it does not follow that it is less important
than any of the civil and political rights enumerated in the latter. (Oposa v. Factoran)
2. The right to a balanced and healthful ecology carries with it the correlative duty to refrain from
impairing the environment. (Oposa v. Factoran)

S EC . 26. The State shall guarantee equal access to opportunities for public service, and prohibit
political dynasties as may be defined by law.

S EC . 27. The State shall maintain honesty and integrity in the public service and take positive
and effective measures against graft and corruption.

S EC . 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a
policy of full public disclosure of all its transactions involving public interest.

ARTICLE IV – CITIZENSHIP

Who are citizens of the Philippines?

1) Those who are citizens of the Philippines at the time of the adoption of the 1987 Constitution
2) Those whose fathers or mothers are citizens of the Philippines.
3) Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon reaching
the age of majority.
4) Those who are naturalized in accordance with law.

Modes of acquiring citizenship:

1) Jus Soli – acquisition of citizenship on the basis of place of birth

2) Jus Sanguinis – acquisition of citizenship on the basis of blood relationship
3) Naturalization – the legal act of adopting an alien and clothing him with the privilege of a native-born
citizen.
Note: The Philippines follows (2) and (3)

Election of citizenship under the 1987 Constitution:

Prior to the 1973 Constitution, if a Filipina married an alien, she lost her Filipino citizenship. Hence, her
child would have to elect Filipino citizenship upon reaching the age of majority. Under the 1973
Constitution, however, children born of Filipino mothers were already considered Filipinos. Therefore, the
provision on election of citizenship under the 1987 Constitution only applies to those persons who were born
under the 1935 Constitution. In order for the children to elect Filipino citizenship, the mothers must have
been Filipinos at the time of their marriage. So, if your mother was a Filipina who married an alien under the
1935 constitution and you were born before January 17, 1973, you can elect Filipino citizenship upon
reaching the age of majority.

When must the election be made:

The election must be made within a reasonable period after reaching the age of majority.

Effects of naturalization:

1) The legitimate minor children of the naturalized father become Filipinos as well.
2) The wife also becomes a Filipino citizen, provided that she does not have any disqualification which
would bar her from being naturalized.

Natural-born citizens:

1) Citizens of the Philippines from birth who do not need to perform any act to acquire or perfect their
Philippine citizenship.
2) Those who elect Philippine citizenship under Art. IV, Sec. 1(3) of 1987 Constitution.

Marriage of Filipino with an alien:

1) General Rule: The Filipino RETAINS Philippine citizenship

2) Exception: If, by their act or omission they are deemed, under the law, to have renounced it.

Examples of renunciation of Philippine citizenship:

1) Voluntarily obtaining foreign passport

2) Pledging allegiance to another country (ex. by becoming a naturalized citizen of another country)

Re-acquisition of citizenship

Natural-born Filipinos who are deemed to have lost their citizenship may re-acquire the same via
repatriation proceedings. This involves taking an oath of allegiance and filing the same with the civil registry.

How may one lose citizenship:

1. By naturalization in a foreign country

2. By express renunciation of citizenship
3. By subscribing oath or allegiance to a foreign Constitution
4. By serving in the armed forces of an enemy country
5. By being a deserter of the armed forces of one’s country
How may one reacquire citizenship:

1. By direct act of Congress

2. By naturalization
3. By repatriation

ARTICLE V – SUFFRAGE

Qualifications: CODE: CD18RR

1) Citizen of the Philippines

2) Not Disqualified by law
3) At least 18 years old
4) Resident of the Philippines for at least 1 year

5) Resident of the place wherein he/she proposes to vote for at least 6 months immediately preceding the
election.

Note: NO literacy, property or other substantive requirement can be imposed on the exercise of suffrage.

Residency requirement

Residency, under Article V has 2 senses:

1. DOMICILE – This is in reference to the 1 year residency requirement in the Philippines.

2. TEMPORARY RESIDENCE – This is in reference to the 6 month residency requirement in the place
where one wants to vote. In this case, residence can either mean domicile or temporary residence.

Disqualifications:

1) Any person sentenced by final judgment to imprisonment of not less than 1 year, which disability has
not been removed by plenary pardon.
2) Any person adjudged by final judgment of having violated his allegiance to the Republic of the
Philippines.
3) Insane or feeble-minded persons.

Note Under the 2nd disqualification, the right to vote is automatically re-acquired upon the expiration of 5
years after the service of sentence.

ARTICLE VI – THE LEGISLATIVE DEPARTMENT

S EC . 1. The legislative power shall be vested in the Congress of the Philippines, which shall
consist of a Senate and a House of Representatives, except to the extent reserved to the people
by the provision on initiative and referendum.

Definition of Legislative Power:

The authority to make laws and to alter or repeal them.

Classification of legislative power: (O De CO)

1. Original – Possessed by the people in their sovereign capacity

2. Delegated – Possessed by Congress and other legislative bodies by virtue of the Constitution
3. Constituent – The power to amend or revise the Constitution
4. Ordinary – The power to pass ordinary laws

Note:
The original legislative power of the people is exercised via initiative and referendum. In this manner,
people can directly propose and enact laws, or approve or reject any act or law passed by Congress or a
local government unit.

Limits on the legislative power of Congress:

1. Substantive – limitations on the content of laws. E.g. no law shall be passed establishing a state
religion.

2. Procedural – limitations on the manner of passing laws. E.g. generally a bill must go through three
readings on three separate days.

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

Corollaries of legislative power:

1. Congress cannot pass irrepealable laws. Since Congress’ powers are plenary, and limited only by the
Constitution, any attempt to limit the powers of future Congresses via an irrepealable law is not allowed.

2. Congress, as a general rule, cannot delegate its legislative power. Since the people have already
delegated legislative power to Congress, the latter cannot delegate it any further.

EXCEPTIONS:

1. Delegation of legislative power to local government units;

2. Instances when the Constitution itself allows for such delegation [see Art. VI Sec. 23(2)]

What may Congress delegate:

Congress can only delegate, usually to administrative agencies, RULE-MAKING POWER or LAW
EXECUTION. This involves either of two tasks for the administrative agencies:

1. “Filling up the details” on an otherwise complete statute; or

2. Ascertaining the facts necessary to bring a “contingent” law or provision into actual operation.

Sections 2-4. SENATE

Composition

24 senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by
law.

Qualifications

1. Natural-born citizen;
2. At least 35 years old on the day of election;
3. Able to read and write;
4. A registered voter; and
5. Philippine resident for at least 2 years immediately preceding the day of the election.

Note: The qualifications of both Senators and Members of the House are limited to those provided by the
Constitution. Congress cannot, by law, add or subtract from these qualifications.

Term of Office:

6 years, commencing (unless otherwise provided by law) at noon, 30 June next following their election.

Term Limitations:

1. No Senator shall serve for more than 2 consecutive terms.

2. Voluntary renunciation of office for any length of time shall not be considered as an interruption in the
continuity of his service for the full term for which he was elected.

Sections 5-7. HOUSE OF REPRESENTATIVES

Composition:

1. Not more than 25 members, unless otherwise fixed by law; and

2. Party-list Representatives

Election of 250 members

1. They shall be elected from legislative districts apportioned among the provinces, cities and the
Metropolitan Manila area.
2. Legislative districts are apportioned in accordance with the number of inhabitants of each area and on
the basis of a uniform and progressive ratio.

a. Each district shall comprise, as far as practicable, contiguous, compact and adjacent territory;
b. Each city with at least 250,000 inhabitants will be entitled to at least one representative.
c. Each province will have at least one representative.
d. Legislative districts shall be re-apportioned by Congress within 3 years after the return of each
census. According to Jack, however, while the apportionment of districts is NOT a political
question, the judiciary CANNOT compel Congress to do this.
e. The standards used to determine the apportionment of legislative districts is meant to prevent
‘gerrymandering’, which is the formation of a legislative district out of separate territories so as
to favor a particular candidate or party.

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

Term of Office

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

Term Limitations

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

Distinctions between Term and Tenure

1. Definition

a. Terms means the period during which the elected officer is legally authorized to assume his
office and exercise the powers thereof.
b. Tenure is the actual period during which such officer actually holds his position.

2. Limitation/Possible Reduction
a. Term CANNOT be reduced.
b. Tenure MAY, by law, be limited. Thus, a provision which considers an elective office
automatically vacated when the holder thereof files a certificate of candidacy for another
elective office (except President and Vice-President) is valid, as it only affects the officers
tenure and NOT his constitutional term.

Party-List Representatives

1. Constitute 20% of the total number of representatives, including those under the party-list system (thus
a maximum of 50 party-list members of the House)

2. However, for 3 consecutive terms from 2 February 1987 (i.e., the 1987-92, 92-95 and 95-98 terms), 25
seats shall be allotted to sectoral representatives. Under Art. XVIII, Sec. 7, the sectoral representatives
are to be appointed by the President until legislation otherwise provides.

3. Mechanics of the party-list system:

a. Registered organizations submit a list of candidates in order of priority.
b. During the elections, these organizations are voted for at large.
c. The number of seats that each organization gets out of the 20% allotted to the system
depends on the number of votes they get.

4. Qualifications
 a. Natural born citizen of the Philippines
b. At least 25 years of age on the day of the election
c. Able to read and write

S EC . 9. In case of vacancy in the Senate or in the House of Representatives, a SPECIAL

ELECTION may be called to fill such vacancy in the manner prescribed by law, but the Senator
or Member of the House of Representatives thus elected shall serve only for the unexpired term.

S EC . 10. Salaries of Senators and Members of the House

Determination of Salaries:

Salaries of Senators and Members of the House of Representatives shall be determined by law.

Rule on increase in salaries:

No increase in their salaries shall take effect until after the EXPIRATION OF THE FULL TERM (NOT
TENURE) OF ALL THE MEMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES
APPROVING SUCH INCREASE.

Note: Since the Constitution ‘provides for rules on “salaries” and not on ‘emoluments,’ our distinguished
legislators can appropriate for themselves other sums of money such as travel allowances, as well as other
side ‘benefits.’

S EC . 11: CONGRESSIONAL IMMUNITIES

1.) Immunity from arrest:

a. Legislators are privileged from arrest while Congress is “in session” with respect to offenses
punishable by up to 6 years of imprisonment. Thus, whether Congress is in regular or special
session, the immunity from arrest applies.
b. If Congress is in recess, members thereof may be arrested.
c. The immunity is only with respect to arrests and NOT to prosecution for criminal offenses.

2.) Legislative privilege:

a. No member shall be questioned or held liable in any forum other than his/her respective
Congressional body for any debate or speech in the Congress or in any Committee thereof.

b. Limitation on the privilege:

(i) Protection is only against forum other than Congress itself. Thus for inflammatory
remarks which are otherwise privileged, a member may be sanctioned by either the
Senate or the House as the case may be.
(ii) The ‘speech or debate’ must be made in performance of their duties as members of
Congress. This includes speeches delivered, statements made, votes cast, as well as
bills introduced, and other activities done in performance of their official duties.
(iii) Congress need NOT be in session when the utterance is made, as long as it forms part of
‘legislative action,’ i.e. part of the deliberative and communicative process used to
 participate in legislative proceedings in consideration of proposed legislation or with
respect to other matters with Congress’ jurisdiction.

S EC . 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.

S EC . 13-14: CONGRESSIONAL DISQUALIFICATIONS:

Disqualifications:

DISQUALIFICATION WHEN APPLICABLE

1. Senator/Member of the House cannot hold any During his term. If he does so, he forfeits his seat.
other office or employment in the Government or
any subdivision, agency or Instrumentality thereof,
including GOCCS or their subsidiaries.

2. Legislators cannot be appointed to any office. IF the office was created or the emoluments thereof
increased during the term for which he was elected.

3. Legislators cannot personally appear as counsel During his term of office.

before any court of justice, electoral tribunal, quasi-
judicial and administrative bodies.

4. Legislators cannot be financially interested During his term of office.

directly or indirectly in any contract with or in any
franchise, or special privilege granted by the
Government, or any subdivision, agency or
instrumentality thereof, including any GOCC or its
subsidiary.
5. Legislators cannot intervene in any matter before When it is for his pecuniary benefit or where he may
any office of the government. be called upon to act on account of his office.

S EC . 15: REGULAR AND SPECIAL SESSIONS

Regular Sessions:

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

Called by the President at any time when Congress is not in session.

S EC . 16. Officers:
1.) Senate President;
2.) Speaker of the House; and
3.) Each House may choose such other officers as it may deem necessary.

Election of Officers

By a majority vote of all respective members.

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

Internal Rules:

1. Each House shall determine its own procedural rules.

2. Since this is a power vested in Congress as part of its inherent powers, under the principle of
separation of powers, the courts cannot intervene in the implementation of these rules insofar as they
affect the members of Congress.
3. Also, since Congress has the power to make these rules, it also has the power to ignore them when
circumstances so require.

Discipline:

1.) Suspension
a. Concurrence of 2/3 of ALL its members and
b. Shall not exceed 60 days.

2.) Expulsion
a. Concurrence of 2/3 of ALL its members.

Congressional Journals and Records:

1.) The Journal is conclusive upon the courts.

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

Adjournments:

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

Section 17: THE ELECTORAL TRIBUNAL

The Senate and the House shall each have an Electoral Tribunal which shall be composed of:

1. 3 Supreme Court Justices to be designated by the Chief Justice; &

2. 6 Members of the Senate or House, as the case may be.
The senior Justice in the Electoral Tribunal shall be its Chairman.

Note: The congressional members of the ET’s shall be chosen on the basis of proportional representation
from the political parties and party-list organizations.

Jurisdiction:

1.) Each ET shall be the sole judge of all CONTESTS relating to the election, returns, and qualifications of
their respective members. This includes determining the validity or invalidity of a proclamation
declaring a particular candidate as the winner.

2.) An ‘election contest’ is one where a defeated candidate challenges the qualification and claims for
himself the seat of a proclaimed winner.

3.) In the absence of an election contest, the ET is without jurisdiction. However, the power of each House
to expel its own members or even to defer their oath-taking until their qualifications are determined may
still be exercised even without an election contest.

Issues regarding the Electoral Tribunals:

1.) Since the ET’s are independent constitutional bodies, independent even of the House from which the
members are respectively taken, neither Congress nor the Courts may interfere with procedural matters
relating to the functions of the ET’s, such as the setting of deadlines or filing their election contests with
the respective ETs.

2.) The ETs being independent bodies, its members may not be arbitrarily removed from their positions in
the tribunal by the parties which they represent. Neither may they be removed for not voting according
to party lines, since they are acting independently of Congress.

3.) The mere fact that the members of either the Senate or the House sitting on the ET are those which are
sought to be disqualified due to the filing of an election contest against them does not warrant all of
them from being disqualified from sitting in the ET. The Constitution is quite clear that the ET must act
with both members from the SC and from the Senate or the House. If all the legislator-members of the
ET were to be disqualified, the ET would not be able to fulfill its constitutional functions.

4.) Judicial review of decisions of the ETs may be had with the SC only insofar as the decision or resolution
was rendered without or in excess of jurisdiction or with grave abuse of discretion constituting denial of
due process.

Section 18: THE COMMISSION ON APPOINTMENTS

Composition:

1.) Senate President as ex-officio chairman;

2.) 12 Senators; and
3.) 12 Members of the House.

Note: The 12 Senators and 12 Representatives are elected on the basis of proportional representation from
the political parties and party-list organizations.

Voting/Action

1.) The chairman shall only vote in case of a tie.

2.) The CA shall act on all appointments within 30 session days from their submission to Congress.
3.) The Commission shall rule by a majority vote of all the Members.

Jurisdiction

1.) CA shall confirm the appointments by the President with respect to the following positions:

a. Heads of the Executive Departments (except if it is the Vice-President who is appointed to the
post).
b. Ambassadors, other public ministers or consuls.
c. Officers of the AFP from the rank of Colonel or Naval Captain: and
d. Other officers whose appointments are vested in him by the Constitution (e.g. COMELEC
members).

2.) Congress CANNOT by law prescribe that the appointment of a person to an office created by such law
shall be subject to confirmation by the CA.

3.) Appointments extended by the President to the above-mentioned positions while Congress is not in
session shall only be effective until disapproval by the CA or until the next adjournment of Congress.

Meetings of the CA

1.) CA meets only while Congress is in session.

2.) Meetings are held either at the call of the Chairman or a majority of all its members.
3.) Since the CA is also an independent constitutional body, its rules of procedure are also outside the
scope of congressional powers as well as that of the judiciary.

Note: The ET and the CA shall be constituted within 30 days after the Senate and the House of
Representative shall have been organized with the election of the President and the Speaker.

Sections 21-22: LEGISLATIVE INQUIRIES

Scope:

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

Enforcement:
1. Since experience has shown that mere requests for information does not usually work, Congress has
the inherent power to punish recalcitrant witnesses for contempt, and may have them incarcerated until
such time that they agree to testify.

2. The continuance of such incarceration only subsists for the lifetime, or term, of such body. Once the
body ceases to exist after its final adjournment, the power to incarcerate ceases to exist as well. Thus,
each ‘Congress’ of the House lasts for only 3 years. But if one is incarcerated by the Senate, it is
indefinite because the Senate, with its staggered terms, is a continuing body.

3. BUT, in order for a witness to be subject to this incarceration, the primary requirement is that the inquiry
is within the scope of Congress’ powers. i.e. it is in aid of legislation.

4. The materiality of a question is determined not by its connection to any actually pending legislation, but
by its connection to the general scope of the inquiry.

5. The power to punish for contempt is inherent in Congress and this power is sui generis. It cannot be
exercised by local government units unless they are expressly authorized to do so.

Limitations:

1. The inquiry must be conducted in accordance with the ‘duly published rules of procedure’ of the House
conducting the inquiry; and

2. The rights of persons appearing in or affected by such inquiries shall be respected. Ex. The right
against self-incrimination.

Appearance by department heads before Congress:

1. Since members of the executive department are co-equals with those of the legislative department,
under the principle of separations of powers, department heads cannot be compelled to appear before
Congress. Neither may the department heads impose their appearance upon Congress.

2. Department heads may appear before Congress in the following instances:

a. Upon their own initiative, with the consent of the President (and that of the House concerned); or

b. Upon the request of either House (which cannot compel them to attend)

3. The appearance will be conducted in EXECUTIVE SESSION when:

a. Required by the security of state or required by public interest; and

b. When the President so states in writing

Sections 23-24. DECLARATION OF WAR/EMERGENCY POWERS

Vote requirement: (to declare the existence of a state of war)

1. 2/3 of both Houses, in joint session

2. Voting separately
Emergency powers:

1. During times of war or other national emergency, Congress may, BY LAW, authorize the President to
exercise powers necessary and proper to carry out a declared national policy.

2. Limitations:
a. Powers will be exercised for a limited period only; and
b. Powers will be subject to restrictions prescribed by Congress

3. Expiration of emergency powers

a. By resolution of Congress or
b. Upon the next adjournment of Congress

Sections 24-27, 30-31 LEGISLATION

Bills that must originate from the House of Representatives (Section 24)
CODE: A R T Pu Lo P

1. Appropriation bills
2. Revenue bills
3. Tariff bills
4. Bills authorizing the increase of public debt
5. Bills of local application
6. Private bills

Note: The Senate may, however, propose or concur with amendments.

Appropriation bills

1. The primary and specific aim of an appropriation bill is to appropriate a sum of money from the public
treasury.

2. Thus, a bill enacting the budget is an appropriations bill.

3. BUT: A bill creating a new office, and appropriating funds therefor is NOT an appropriation bill.

Revenue Bill

1. A revenue bill is one specifically designed to raise money or revenue through imposition or levy.

2. Thus, a bill introducing a new tax is a revenue bill, but a provision in, for instance, the Videogram
Regulatory Board law imposing a tax on video rentals does not make the law a revenue bill.

Bills of local application

A bill of local application, such as one asking for the conversion of a municipality into a city, is deemed to
have originated from the House provided that the bill of the House was filed prior to the filing of the bill in the
Senate even if, in the end, the Senate approved its own version.
Limitations:

1. For appropriation bills:

a. Congress cannot increase the appropriations recommended by the President for the operation of
the Government as specified in the budget.

b. Each provision or enactment in the General Appropriations Bill must relate specifically to some
particular appropriation therein and any such provision or enactment must be limited in its
operation to the appropriation to which it relates.

c. The procedure in approving appropriations for Congress shall strictly follow the procedure for
approving appropriations for other departments and agencies.

d. A special appropriations bill must specify the purpose for which it is intended and must be
supported by funds actually available as certified by the National Treasurer or to be raised by a
corresponding revenue proposal therein.

e. Transfer of appropriations:

i. Rule: No law shall be passed authorizing any transfer of appropriations

ii. BUT the following may, BY LAW, be authorized to AUGMENT any item in the general
appropriations law for their respective offices from savings in other items of their
respective appropriations
- President
- President of the Senate
- Speaker of the House of Representatives
- Chief of Justice of the Supreme Court
- Heads of the Constitutional Commissions

f. Discretionary funds appropriated for particular officials shall be:

i. Disbursed only for public purposes;
ii. Should be supported by appropriate vouchers; and
iii. Subject to guidelines as may be prescribed by law.

g. If Congress fails to pass General Appropriations Bill (GAB) by the end of any fiscal year:

i. The GAB for the previous year is deemed reenacted

ii. It will remain in full force and effect until the GAB is passed by Congress.

2. For law granting tax exemption

It should be passed with the concurrence of a MAJORITY of ALL the members of Congress.

3. For bills in general

a. Every bill shall embrace only one (1) subject, as expressed in the title thereof

i. As a mandatory requirement
 ii. The title does not have to be a complete catalogue of everything stated in the bill. It is
sufficient if the title expresses the general subject of the bill and all the provisions of the
statute are germane to that general subject.

iii. A bill which repeals legislation regarding the subject matter need not state in the title that it
is repealing the latter. Thus, a repealing clause in the bill is considered germane to the
subject matter of the bill.

b. Readings

1. In order to become a law, each bill must pass three (3) readings in both Houses.
2. General rule: Each reading shall be held on separate days & printed copies thereof in its final
form shall be distributed to its Members three (3) days before its passage.
3. Exception: If a bill is certified as urgent by the President as to the necessity of its immediate
enactment to meet a public calamity or emergency, the 3 readings can be held on the same
day.
4. First reading – only the title is read; the bill is passed to the proper committee
Second reading – Entire text is read and debates are held, and amendments introduced.
Third reading – only the title is read, no amendments are allowed. Vote shall be taken
immediately thereafter and the yeas and nays entered in the journal.

Veto power of President:

1. Every bill, in order to become a law, must be presented to and signed by the President.

2. If the President does not approve of the bill, he shall veto the same and return it with his objections to
the House from which it originated. The House shall enter the objections in the Journal and proceed to
reconsider it.

3. The President must communicate his decision to veto within 30 days from the date of receipt thereof. If
he fails to do so, the bill shall become a law as if he signed it.

4. This rule eliminates the ‘pocket veto’ whereby the President would simply refuse to act on the bill.

5. To OVERRIDE the veto, at least 2/3 of ALL the members of each House must agree to pass the bill. In
such case, the veto is overriden and becomes a law without need of presidential approval.

6. Item veto

a. The President may veto particular items in an appropriation, revenue or tariff bill.

b. This veto will not affect items to which he does not object.

c. Definition of item

TYPE OF BILL ITEM

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

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

Specific limitations on legislation

1. No law shall be enacted increasing the Supreme Court’s appellate jurisdiction without the SC’s advice
and concurrence.

2. No law shall be enacted granting titles of royalty or nobility.

Section 28. POWER TO TAX

Limitations:

1) The rule of taxation should be UNIFORM

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

Delegation of power to fix rates

1) Congress may, BY LAW, authorize the President to fix the following:

a) Tariff rates
b) Import and Export Quotas
c) Tonnage and wharfage dues
d) Other duties and imposts
Within the framework of the national development program of the Government

2) The exercise of such power by the President shall be within the specified limits fixed by Congress and
subject to such limitations and restrictions as it may impose.

Constitutional tax exemptions:

1) The following properties are exempt from REAL PROPERTY taxes

(CODE: Cha Chu M- CA)

a) Charitable institutions
b) Churches, and parsonages or convents appurtenant thereto
c) Mosques
d) Non-profit cemeteries; and
e) All lands, buildings and improvements actually, directly and exclusively used for religious,
charitable, or educational purposes.

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

Section 29. Power of the Purse

1) No money shall be paid out of the National Treasury EXCEPT in pursuance of an appropriation made
by law.

a) This places the control of public funds in the hands of Congress.

b) BUT: This rule does not prohibit continuing appropriations. e.g. for debt servicing. This is because
the rule does not require yearly, or annual appropriation.

2) Limitations.

a) Appropriations must be for a PUBLIC PURPOSE

b) Cannot appropriate public funds or property, directly or indirectly, in favor of
(i) Any sect, church, denomination, or sectarian institution or system of religion or
(ii) Any priest, preacher, minister, or other religious teacher or dignitary as such.
EXCEPT if the priest, etc is assigned to:
- the Armed Forces; or
- any penal institution; or
- government orphanage; or
- leprosarium

c) BUT the government is not prohibited from appropriating money for a valid secular purpose, even if
it incidentally benefits a religion, e.g. appropriations for a national police force is valid even if the
police also protects the safety of clergymen.

d) ALSO, the temporary use of public property for religious purposes is valid, as long as the property
is available for all religions

3) Special Funds

a) Money collected on a tax levied for a special purpose shall be treated as a special fund and paid
out for such purpose only.
b) Once the special purpose is fulfilled or abandoned, any balance shall be transferred to the general
funds of the Government

Section 32. INITIATIVE AND REFERENDUM

1) Through the system of initiative and referendum, the people can directly propose and enact laws or
approve or reject any act or law or part thereof passed by the Congress or local legislative body.

2) Required Petition
 a) Should be signed by at least 10% of the total number of registered voters
b) Every legislative district should be represented by at least 3% of the registered voters
c) Petition should be registered

ARTICLE VII. THE EXECUTIVE DEPARTMENT

Section 1. EXECUTIVE POWER

Scope:

1) Executive power is vested in the President of the Philippines.

2) The scope of this power is set forth in Art. VII of the Constitution. But this power is not limited to those
set forth therein. The SC, in Marcos v. Manglapus, referred to the RESIDUAL powers of the President
as the Chief Executive of the country, which powers include others not set forth in the Constitution.
EXAMPLE: The President is immune from suit and criminal prosecution while he is in office.

3) Privilege of immunity from suit is personal to the President and may be invoked by him alone. It may
also be waived by the President, as when he himself files suit.

4) BUT The President CANNOT dispose of state property unless authorized by law.

Section 2. QUALIFICATIONS

1) Natural-born citizen of the Philippines

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

Note: The Vice-President has the same qualifications & term of office as the President. He is elected with &
in the same manner as the President. He may be removed from office in the same manner as the
President.

Section 4. MANNER OF ELECTION/ TERM OF OFFICE

Manner of Election

1) The President and Vice-President shall be elected by direct vote of the people.

2) Election returns for President and Vice-President, as duly certified by the proper Board of Canvassers
shall be forwarded to Congress, directed to the Senate President.

3) Not later than 30 days after the day of the election, the certificates shall be opened in the presence of
both houses of Congress, assembled in joint public session.

4) The Congress, after determining the authenticity and due execution of the certificates, shall canvass the
votes.

5) The person receiving the highest number of votes shall be proclaimed elected.
6) In case of a tie between 2 or more candidates, one shall be chosen by a majority of ALL the members
of both Houses, voting separately. In case this results in a deadlock, the Senate President shall be the
acting President until the deadlock is broken.

7) The Supreme Court en banc shall act as the sole judge over all contests relating to the election,
returns, and qualifications of the President or Vice-President and may promulgate its rules for the
purpose.

Term of Office

1) President

a) 6 years beginning at noon on 30 June immediately following the election and ending at noon on the
same day 6 years later.

b) Term limitation: Single term only; not eligible for any reelection.

c) Any person who has succeeded as President, and served as such for more than 4 years shall NOT
be qualified for election to the same office at any time.

2) Vice-President:

a) 6 years, starting and ending the same time as the President.

b) Term limitation: 2 successive terms.

c) Voluntary renunciation of the office for any length of time is NOT an interruption in the continuity of
service for the full term for which the Vice-President was elected.

Section 6. SALARIES AND EMOLUMENTS

1) Official salaries are determined by law.

2) Salaries cannot be decreased during the TENURE of the President and the Vice-President.
3) Increases take effect only after the expiration of the TERM of the incumbent during which the increase
was approved.
4) Prohibited from receiving any other emolument from the government or any other source during their
TENURE

Sections 7-12, PRESIDENTIAL SUCCESSION

1. Vacancies at the beginning of the term

VACANCY SUCCESSOR
President-elect fails to qualify or to be chosen VP-elect will be Acting President until someone is
qualified/chosen as President.
President-elect dies or is permanently disabled.
Both President and VP-elect are not chosen or do
not qualify or both die, or both become permanently
disabled.
VP becomes President.
1. Senate President or
2. In case of his inability, the Speaker of the House
shall act as President until a President or a VP
shall have been chosen and qualified.
In case of death or disability of (1) and (2), Congress
shall determine, by law, who will be the acting
President.

2. Vacancies after the office is initially filled:

VACANCY
President dies, is permanently disabled, is
impeached, or resigns.
Both President and Vice-President die, become
permanently disabled, are impeached, or resign.
SUCCESSOR
Vice-President becomes President for the unexpired
term.
1. Senate President or
2. In case of his inability, the Speaker of the House
shall act as President until the President or VP
shall have been elected and qualified.

3) Vacancy in office of Vice-President during the term for which he was elected:

a) President will nominate new VP from any member of either House of Congress.

b) Nominee shall assume office upon confirmation by majority vote of ALL members of both Houses,
voting separately. (Nominee forfeits seat in Congress)

4) Election of President and Vice-President after vacancy during tem

a) Congress shall convene 3 days after the vacancy in the office of both the President and the VP,
without need of a call. The convening of Congress cannot be suspended.

b) Within 7 days after convening, Congress shall enact a law calling for a special election to elect a
President and a VP. The special election cannot be postponed.

c) The special election shall be held not earlier than 45 days not later than 60 days from the time of
the enactment of the law.

d) The 3 readings for the special law need not be held on separate days.

e) The law shall be deemed enacted upon its approval on third reading.

BUT: No special election shall be called if the vacancy occurs within 18 months before the date of the
next presidential election.

5) Temporary disability of the President:

The temporary inability of the President to discharge his duties may be raised in either of two ways:
 a) By the President himself, when he sends a written declaration to the Senate President and the
Speaker of the House. In this case, the Vice-President will be Acting President until the
President transmits a written declaration to the contrary.

b) When a majority of the Cabinet members transmit to the Senate President and the Speaker
their written declaration.

(i) The VP will immediately be Acting President.

(ii) BUT: If the President transmits a written declaration that he is not disabled, he
reassumes his position

(iii) If within 5 days after the President re-assumes his position, the majority of the
Cabinet retransmits their written declaration, Congress shall decide the issue. In this
event, Congress shall reconvene within 48 hours if it is not in session, without need of
a call.

(iv) Within 10 days after Congress is required to assemble, or 12 days if Congress is not
in session, a 2/3 majority of both Houses, voting separately, is needed to find the
President temporarily disabled, in which case, the VP will be Acting President.

6) Presidential Illness:

a) If the President is seriously ill, the public must be informed thereof.

b) Even during such illness, the National Security Adviser, the Secretary of Foreign Affairs, and
the Chief of Staff of the AFP are entitled to access to the President

Section 13. DISQUALIFICATIONS

SUBJECT SOURCE OF DISQUALIFICATION
President, Vice-President, Cabinet Prohibited from:
Members, Deputies or Assistants of 1. Holding any office or employment during their tenure,
Cabinet Members UNLESS:

a. otherwise provided in the Constitution (e.g. VP can be

appointed a Cabinet Member, Sec. of Justice sits on Judicial
and Bar Council); or
b. the positions are ex-officio and they do not receive any salary
or other emoluments therefor (e.g. Sec. of Finance is head of
Monetary Board).

2. Practicing, directly or indirectly, any other profession during

their tenure;

3. Participating in any business;

4. Being financially interested in any contract with, or in any

franchise, or special privilege granted by the government or
any subdivision, agency or instrumentality thereof, including
GOCC's or their subsidiaries.
 N.B. The rule on disqualifications for the President and his
Cabinet are stricter than the normal rules applicable to appointive
and elective officers under Art. IX-B, Sec. 7.
Spouses and 4th degree relatives of the Cannot be appointed during President’s tenure as:
President (consanguinity or affinity)
1. Members of the Constitutional Commissions;
2. Office of the Ombudsman;
3. Department Secretaries;
4. Department under-secretaries;
5. Chairman or heads of bureaus or offices including
GOCC’s and their subsidiaries.

N.B.
a. If the spouse, etc., was already in any of the above offices at
the time before his/her spouse became President, he/she
may continue in office. What is prohibited is appointment and
reappointment, NOT continuation in office.
b. Spouses, etc., can be appointed to the judiciary and as
ambassadors and consuls.

Sections 14-16. POWER TO APPOINT

Principles:

1) Since the power to appoint is executive in nature, Congress cannot usurp this function.
2) While Congress (and the Constitution in certain cases) may prescribe the qualifications for particular
offices, the determination of who among those who are qualified will be appointed is the President’s
prerogative.

Scope:

The President shall appoint the following:

1) Heads of executive departments (CA confirmation needed):

2) Ambassadors, other public ministers, and consuls (CA confirmation needed).
3) Officers of AFP from rank of colonel or naval captain (CA confirmation needed).
4) Other officers whose appointment is vested in him by the Constitution (CA confirmation needed), such
as:
a) Chairmen and members of the COMELEC, COA and CSC.
b) Regular members of the Judicial and Bar Council.
c) The Ombudsman and his deputies;
d) Sectoral representatives in Congress.

 N.B. President also appoints members of the Supreme Court and judges of the lower courts,
but these appointments do not need CA confirmation.

5) All other officers whose appointments are not otherwise provided for by law; and those whom he may
be authorized by law to appoint.
 a) This includes the Chairman and members of the Commission on Human Rights, whose
appointments are provided for by law NOT by the Constitution.

b) Congress may, by law, vest the appointment of other officers lower in rank in the President
alone or in the courts, or in the heads of departments, agencies, boards or commissions.

c) BUT: Congress cannot, by law, require CA confirmation of the appointment of other officers
for offices created subsequent to the 1987 Constitution (e.g. NLRC Commissioners, Bangko
Sentral Governor).

d) ALSO: Voluntary submission by the President to the CA for confirmation of an appointment

which is not required to be confirmed does not vest the CA with jurisdiction. The President
cannot extend the scope of the CA’s power as provided for in the Constitution.

Procedure:

1) CA confirmation needed:

a) Nomination by President
b) Confirmation by CA
c) Appointment by President; and
d) Acceptance by appointee.

Note: At any time before all four steps have been complied with, the President can withdraw the
nomination/appointment.

2) No CA confirmation:

a) Appointment; and
b) Acceptance.

Note: Once appointee accepts, President can no longer withdraw the appointment.

Ad-interim appointments:

1) When Congress is in recess, the President may still appoint officers to positions subject to CA
confirmation.

2) These appointments are effective immediately, but are only effective until they are disapproved by the
CA or until the next adjournment of Congress.

3) Appointments to fill an office in an ‘acting’ capacity are NOT ad-interim in nature and need no CA
approval.

Appointments by an Acting President:

These shall remain effective UNLESS revoked by the elected President within 90 days from his assumption
or re-assumption of office.

Limitation
1) 2 months immediately before the next Presidential elections, and up to the end of his term, the
President or Acting President SHALL NOT make appointments. This is to prevent the practice of
‘midnight appointments.”

2) EXCEPTION:

a) Can make TEMPORARY APPOINTMENTS

b) To fill EXECUTIVE POSITIONS;
c) If continued vacancies therein will prejudice public service or endanger public safety.

Section 17. Power of Control and Supervision

Power of Control:

The power of an officer to alter, modify, or set aside what a subordinate officer has done in the performance
of his duties, and to substitute the judgment of the officer for that of his subordinate. Thus, the President
exercises control over all the executive departments, bureaus, and offices.

The President’s power over government-owned corporations comes not from the Constitution but from
statute. Hence, it may be taken away by statute.

Qualified Political Agency:

1) Since all executive and administrative organizations are adjuncts of the Executive Department, the
heads of such departments, etc. are assistants and agents of the President.

2) Thus, generally the acts of these department heads, etc, which are performed and promulgated in the
regular course of business, are presumptively the acts of the President.

3) Exception: If the acts are disapproved or reprobated by the President.

4) Under Administrative Law, decisions of Department Secretaries need not be appealed to the President
in order to comply with the requirement of exhaustion of administrative remedies.

5) Qualified political agency does NOT apply if the President is required to act in person by law or by the
Constitution. Example: The power to grant pardons must be exercised personally by the President.

Disciplinary Powers:

1) The power of the President to discipline officers flows from the power to appoint the, and NOT from the
power control.

2) BUT While the President may remove from office those who are not entitled to security of tenure, or
those officers with no set terms, such as Department Heads, the officers, and employees entitled to
security of tenure cannot be summarily removed from office.

Power of Supervision:

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

3) The execution of laws is an OBLIGATION of the President. He cannot suspend the operation of laws.

4) The power of supervision does not include the power of control; but the power of control necessarily
includes the power of supervision.

Section 18. COMMANDER-IN-CHIEF POWERS

Scope:

1) The President is the Commander-in-Chief of the Armed Forces.

2) Whenever necessary, the President may call out the AFP to PREVENT or SUPPRESS:

a) Lawless violence;
b) Invasion; or
c) Rebellion.

3) The President may also:

a) Suspend the privilege of the writ of habeas corpus; and

b) Proclaim a state of martial law.

Suspension of the privilege of the writ of habeas corpus and declaring martial law;

1. Grounds

a. Invasion or
b. Rebellion; and
c. Public safety requires it.

2. The invasion or rebellion must be ACTUAL and not merely imminent.

3. Limitations:

a. Suspension or proclamation is effective for only 60 days.

b. Within 48 hours from the declaration or suspension, the President must submit a report to
Congress.

c. Congress, by majority vote and voting jointly, may revoke the same, and the President cannot
set aside the revocation.

d. In the same manner, at the President’s initiative, Congress can extend the same for a period
determined by Congress if:

i. Invasion or rebellion persist and

 ii. Public safety requires it.

NOTE: Congress CANNOT extend the period motu propio.

e. Supreme Court review:

i. The appropriate proceeding can be filed by any citizen.

ii. The SC can review the FACTUAL BASIS of the proclamation or suspension.
iii. Decision is promulgated within 30 days from filing.

f. Martial Law does NOT:

i. Suspend the operation of the Constitution.

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

g. Suspension of privilege of the writ:

i. Applies ONLY to persons judicially charged for rebellion or offenses inherent in or

directly connected with invasion.
ii. Anyone arrested or detained during suspension must be charged within 3 days.
Otherwise he should be released.

Note: While the suspension of the privilege of writ and the proclamation of martial law is subject to judicial
review, the actual use by the President of the armed forces is not. Thus, troop deployments in times of war
is subject to the President’s judgment and discretion.

Section 19: EXECUTIVE CLEMENCY

Scope:

1.) The President may grant the following: [ Pa R C Re]

a. Pardons (conditional or plenary)
b. Reprieves
c. Commutations
d. Remittance of fines and forfeitures

2.) These may only be granted AFTER conviction by final judgment.

3.) ALSO: The power to grant clemency includes cases involving administrative penalties.

4.) Where a conditional pardon is granted, the determination of whether it has been violated rests with
the President.

Limitations:

1.) As to scope:
 Cannot be granted:

a.) Before conviction

b.) In cases of impeachment
c.) For violations of election laws, rules, and regulation without the favorable recommendation
of the COMELEC
d.) In cases of civil or legislative contempt

2.) As to effect:

a.) Does not absolve civil liabilities for an offense.

b.) Does not restore public offices already forfeited, although eligibility for the same may be
restored.

Amnesty:

1.) An act of grace concurred in by Congress, usually extended to groups of persons who commit
political offenses, which puts into oblivion the offense itself.
2.) President alone CANNOT grant amnesty. Amnesty needs concurrence by a majority of all the
members of Congress.
3.) When a person applies for amnesty, he must admit his guilt of the offense which is subject to such
amnesty. If his application is denied, he can be convicted based on this admission of guilt.

4.) Amnesty V. Pardon

AMNESTY PARDON
Addressed to POLITICAL offenses Addressed to ORDINARY offenses
Granted to a CLASS of persons Granted to INDIVIDUALS
Need not be accepted Must be accepted
Requires concurrence of majority of all No need for Congressional concurrence
members of Congress
A public act. Subject to judicial notice Private act of President. It must be proved.
Extinguishes the offense itself Only penalties are extinguished.
May or may not restore political rights. Absolute
pardon restores. Conditional does not.
Civil indemnity is not extinguished.
May be granted before or after conviction Only granted after conviction by final judgement

Section 20. Power to Contract or Guarantee Foreign Loans

Limitations:

(1) The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with
the prior concurrence of the Monetary Board; and

(2) Subject to such limitations as may be provided by law.

Section 21. Foreign Relations Powers include:

(1) Power to negotiate treaties and other international agreements

(a) BUT: Such treaty of international agreement must be concurred in by at least 2/3 of all
Senators in order to be valid and effective in our country.

(b) Options of Senate when a treaty is submitted for its approval:

(i) Approve with 2/3 majority;
(ii) Disapprove outright; or
(iii) Approve conditionally, with suggested amendments.

(c) If treaty is not re-negotiated, no treaty

(d) If treaty is re-negotiated and the Senate’s suggestions are incorporated, the treaty will go into
effect without need of further Senate approval.

Note: While our municipal law makes a distinction between international agreements and executive
agreements, with the former requiring Senate approval and the latter not needing the same, under
international law, there is no such distinction.

Note: The President cannot, by executive agreement, undertake an obligation which indirectly circumvents
a legal prohibition.

(e) Conflict between treaty and municipal law.

(i) Philippine court:

The later enactment will prevail, be it treaty or law, as it is the latest expression of the
State’s will.

(ii) International tribunal

Treaty will always prevail. A State cannot plead its municipal law to justify noncompliance
with an international obligation.

(2) Power to appoint ambassadors, other public ministers, and consuls.

(3) Power to receive ambassadors and other public ministers accredited to the Philippines.

(4) Power to contract and guarantee foreign loans on behalf of the Republic

(5) Power to deport aliens

(a) This power is vested in the President by virtue of his office, subject only to restrictions
as may be provided by legislation as regards the grounds for deportation.

(b) In the absence of any legislative restriction to authority, the President may still
exercise this power.
 (c) The power to deport aliens is limited by the requirements of due process, which
entitles the alien to a full and fair hearing.
BUT: The alien is not entitled to bail as a matter of right.

ARTICLE VIII. THE JUDICIAL DEPARTMENT

S EC . 1. JUDICIAL POWER

Scope:

1. Judicial power is the authority to settle justiciable controversies or disputes involving rights that are
enforceable and demandable before the courts of justice or the redress of wrongs for violations of such
rights.

2. Vested in the Supreme Court and such lower courts as may be established by law.

3. Since the courts are given ‘judicial power’ and nothing more, courts may neither attempt to assume or be
compelled to perform non-judicial functions. They may not be charged with administrative functions
except when reasonably incidental to the fulfillment of their duties.

4. In order that courts may exercise this power, there must exist the following:

a. An actual controversy with legally demandable and enforceable rights;

b. Involving real parties in interest;
c. The exercise of such power will bind the parties by virtue of the court’s application of existing
laws.

5. Judicial power cannot be exercised in vacuum. Without any laws from which rights arise and which are
violated, there can be no recourse to the courts.

6. The courts cannot be asked for advisory opinions.

7. Judicial power includes:

a. The duty of the courts to settle actual controversies involving rights which are legally
demandable and enforceable; and

b. To determine whether or not there has been a grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of any branch or instrumentality of the government.

Political Questions:

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

S EC . 2. ROLES OF CONGRESS

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

S EC . 3. FISCAL AUTONOMY

1. The entire judiciary shall enjoy fiscal autonomy.

2. Annual appropriations for the judiciary cannot be reduced below the amount appropriated for the
previous year.
3. Once approved, appropriations shall be automatically and regularly released.

S ECS . 4-7; 12 JUDICIARY

Composition of the Supreme Court:

1. Chief Justice and

2. 14 Associate Justices

Note: Members of the Supreme Court and of other courts established by law shall not be designated to any
agency performing quasi-judicial or administrative functions.

Qualifications of members of the SC:

1. Natural born citizen of the Philippines

2. At least 40 years old
3. At least 15 years of experience as a judge or in the practice of law in the Philippines
4. Person of proven competence, integrity, probity and independence.

Qualifications of members of lower collegiate courts (CA, CTA, Sandiganbayan)

1. Natural born citizen of the Philippines

2. Member of the Philippine bar
3. Possesses other qualifications prescribed by Congress
4. Person of proven competence, integrity, probity and independence.

Qualifications of judges of lower non-collegiate courts:

1. Citizen of the Philippines (may be a naturalized citizen)

2. Member of the Philippine Bar
3. Possesses other qualifications prescribed by Congress
4. Person of proven competence, integrity, probity and independence.

Section 8. JUDICIAL AND BAR COUNCIL

1. The Judicial and Bar Council is under the supervision of the SC.

A. Is under the supervision of the Supreme Court and is composed of:

1. Chief Justice, as ex-officio chairman
2. Secretary of Justice, as an ex-officio member
3. Representative of Congress, as an ex-officio member
4. Representative of the Integrated Bar
5. A professor of law
6. A retired member of the SC; and
7. Private sector representative

Note: The last four re the regular members of the JBC. Regular members are appointed by the President
with CA approval. Regular members serve for 4 years, with staggered terms.

B. Functions of JBC

1. Principal function: recommend appointees to the Judiciary

2. Exercise such other functions as the SC may assign to it.

C. Appointments to the Judiciary

1. President shall appoint from a list of at least 3 nominees for each vacancy, as
prepared by the JBC.
2. No CA confirmation is needed for appointments to the Judiciary.
3. Vacancies in SC should be filled within 90 days from the occurrence of the vacancy.
4. Vacancies in lower courts should be filled within 90 days from submission to the
President of the JBC list.

S EC . 10. SALARIES

1. Salaries of SC Justices and judges of lower courts shall be fixed by law.

2. Cannot be decreased during their continuance in office, but can be increased.
3. Members of the Judiciary are NOT exempt from payment of income tax.

S EC . 11. TENURE/DISCIPLINARY POWERS OF SC

1. Members of the SC and judges of the lower courts hold office during good behavior until
a. The age of 70 years old; or
 b. They become incapacitated to discharge their duties.

2. Disciplinary action against judges of lower courts:

a. Only the SC en banc has jurisdiction to discipline or dismiss judges of lower courts.
b. Disciplinary action/dismissal: Majority vote of SC Justices who took part in the deliberations
and voted therein.

3. Removal of SC Justices:

a. Only by IMPEACHMENT.
b. Cannot be disbarred while they hold office.

S ECS . 4-6, 13. THE SUPREME COURT

Hearing of cases:

1. En banc; or
2. Divisions of 3, 5, or 7.

Cases required to be heard en banc:

1. All cases involving constitutionality of a/an:

a. Treaty
b. International or executive agreement or
c. Law.

2. All cases required to be heard en banc under the Rules of Court:

a. Appeals from Sandiganbayan; and
b. From the Constitutional Commissions

3. All cases involving the constitutionality, application or operation of

a. Presidential decrees
b. Proclamations
c. Orders
d. Instructions
e. Ordinances; and
f. Other regulations.

4. Cases heard by a division where required majority of 3 was not obtained.

5. Cases where SC modifies or reverses a doctrine or principle of law laid down by the SC en banc or by a
division.

6. Administrative cases to discipline or dismiss judges of lower courts; and

7. Election contests for President and Vice-President.

Cases heard by division

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

Powers of the SC

1. SC has ORIGINAL jurisdiction over

a. Cases affecting ambassadors, other public ministers and consuls.
Note: This refers to foreign ambassadors, etc., stationed in the Philippines.
b. Petitions for certiorari, prohibiton, mandamus, quo warranto, and habeas corpus.

2. SC has APPELLATE jurisdiction over final judgments and orders in the following:

a. All cases involving the constitutionality or validity of any

i. treaty
ii. international or executive agreement
iii. law
iv. presidential decree
v. proclamation
vi. order
vii. instruction
viii. ordinance, or
ix. regulation;

b. All cases involving the legality of any

i. tax
ii. impost
iii. assessment or
iv. toll or
v. any penalty imposed in relation thereto;

c. All cases in which the jurisdiction of any lower court is in issue

d. Criminal cases where the penalty imposed is reclusion perpetua or higher; and

e. All cases where ONLY errors or questions of law are involved.

3. Temporarily assign lower court judges to other stations in the public interest.
Note: Temporary assignment shall not exceed 6 months without the consent of the judge
concerned.

4. Order a change of venue or place of trial to avoid a miscarriage of justice.

5. Promulgate rules concerning:

a. The protection and enforcement of constitutional rights;
b. Pleading, practice and procedure in all courts;
c. Admission to the practice of law;
d. The Integrated Bar; and
e. Legal assistance to the underprivileged.

Limitations on Rule Making Power

 a. It should provide a simplified and inexpensive procedure for the speedy disposition of cases.
b. It should be uniform for all courts of the same grade.
c. It should not diminish, increase, or modify substantive rights.

6. Appoint ALL officials and employees of the Judiciary, in accordance with Civil Service Law.

7. Exercise administrative supervision over ALL courts and the personnel thereof.

Decisions of the Supreme Court:

1. Reached in consultation before being assigned to a member for the writing of the opinion.
2. A certification to this effect must be signed by the Chief Justice and attached to the record of the case and
served upon the parties.
3. Members of the SC who took no part, or who dissented or abstained must state the reasons therefore.

Note: This procedure shall also be observed by all lower collegiate courts (CA, CTA, and the
Sandiganbayan).

JUDICIAL REVIEW

Definition

1. Judicial Review is the power of the SC to declare a law, treaty, ordinance etc. unconstitutional.
2. Lower courts may also exercise the power of judicial review, subject to the appellate jurisdiction of the
SC.
3. Only SC decisions are precedent, and thus, only SC decisions are binding on all.

Requisites Code: [A R S Co R]

1. An ACTUAL CASE calling for the exercise of judicial power

2. The question involved must be RIPE FOR ADJUDICATION, i.e. the government act must have had an
adverse effect on the person challenging it.
3. The person challenging the governmental act must have ‘STANDING’, i.e. a personal and substantial
interest in the case such that he has sustained, or will sustain, direct injury as a result of its
enforcement.
4. The question of Constitutionality must be raised in the first instance, or at the earliest opportunity.
5. Resolution of the issue of constitutionality is unavoidable or is the very lis mota.

Effect of a declaration of unconstitutionality:

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

S EC . 14. DECISIONS

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

ARTICLE IX – THE CONSTITUTIONAL COMMISSIONS

Section 1. Constitutional Commissions

Independent Constitutional Commissions:

1) Civil Service Commission (CSC)

2) Commission on Elections (COMELEC)
3) Commission on Audit (COA)

Why Independent?

They perform vital functions of government. Their integrity is protected by the fact that they:

1) Are constitutionally created (Sec. 1)

2) Have independent powers of appointment (Sec. 4)
3) Each Commission may promulgate its own procedural rules (Sec. 6)
4) Fiscal autonomy (Sec. 5)
5) Salaries may not be diminished during their office (Sec. 3)
6) Commissioners have a fixed term
7) Commissioners are removable by impeachment only.

Section 2. DISQUALIFICATIONS

Disqualifications:

Members cannot, during their tenure:

1) Hold any other office or employment;

2) Engage in the practice of any profession;
3) Engage in the active management or control of any business, which, in any way, may be
affected by the functions of their office; and
4) Be financially interested, direct or indirect, in any contract, franchise, privilege granted by the
government, any of its subdivisions, agencies, instrumentalities, including GOCC's and their
subsidiaries.

Note: The Ombudsman and his deputies are subject to the same qualifications.
Section 3. SALARIES

Salaries
1) Salaries are fixed by law and shall not be decreased during their TENURE.
2) Decreases in salaries only affect those members appointed AFTER increase.
3) Incumbent members do not lose any salary.
4) Increases take effect IMMEDIATELY.

Section 6. RULES OF PROCEDURE

Procedures:

1) Rules: The Commissions may promulgate its own rules EN BANC.

2) Limitation: It shall not:
a) Diminish,
b) Increase, or
c) Modify substantive rights.

3) Power of SC

a). The SC may not, under Art. VIII Sec. 5(5), exercise the power to disapprove rules of "special
courts and quasi-judicial bodies."
b). In proceedings before the Commissions, the rules of the Commission prevail.
c). In proceedings before a court, the Rules of Court prevail.
d). The SC may, however, in appropriate cases, exercise JUDICIAL REVIEW

Section 7. DECISION MAKING/APPEAL

Decision-Making:

1) Each commission shall decide matter or cases by a majority vote of all the members within 60 days from
submission.
 COMELEC may sit en banc or in 2 divisions.
 Election cases, including pre-proclamation controversies are decided in division, with motions
for reconsideration filed to the COMELEC en banc.
 The SC has held that a majority decision decided by a division of the COMELEC is a valid
decision.

2) As COLLEGIAL BODIES, each commission must act as one, and no one member can decide a case for
the entire commission. (i.e. The Chairman cannot ratify a decision which would otherwise have been
void).

Appeals:

1) Decisions, orders or rulings of the COMELEC/COA may be brought on certiorari to the SC under Rule
65.
2) Decisions, orders or ruling of the CSC should be appealed to the CA under Rule 43.

Enforcement:

 It has been held that the CSC can issue a writ of execution to enforce judgments which are
final.
 THE CIVIL SERVICE COMMISSION

Section 1. COMPOSITION/QUALIFICATIONS/TERM

Composition:

1) Chairman
2) Commissioners – 2 commissioners

Qualifications:

1) Natural-born citizens of the Philippines;

2) At least 35 years old at the time of their appointments;
3) With proven capacity for public administration; and
4) NOT candidates for any elective position in the elections immediately preceding their appointment.
5) Appointees by the President to the CSC need Commission on Appointments (CA) confirmation

Term:

1) Chairman -7 years; Commissioner1 - 5 yrs; Commissioner2 - 3 yrs

2) Limitation: single term only, no reappointment
3) Appointment to vacancy: only for unexpired term of predecessor
4) No temporary appointments, or appointments in acting capacity.

Section 2. Scope:

The Civil Service embraces all:

A. branches,
B. subdivisions,
C. instrumentalities,
D. agencies of the government,
E. including GOCCs with original charters.

1."With Original Charter" means that the GOCC was created by special law/by Congress
2. If incorporated under the Corporation Code, it does not fall within the Civil Service, and
is not subject to the CSC jurisdiction.
3. Even if once government-controlled, then becomes privatized, ceases to fall under
CSC.
4. Jurisdiction is determined as of the time of filing the complaint.

Appointments to civil service shall be:

A. Competitive positions
 According to merit and fitness to be determined by competitive examinations, as far as
practicable except to positions which are policy-determining, primarily confidential, or highly
technical.
B. Non-competitive positions
1). No need for competitive examinations.
2). 3 kinds

a) Policy-determining - formulate a method of action for the gov't

b) Primarily confidential - more than ordinary confidence; close intimacy insures

freedom of intercourse without betrayals of personal
trust...
c) Highly technical - requires technical skill to a superior degree.

C. The TEST to determine whether non/competitive is the Nature of the responsibilities, NOT the
administrative or legislative description given to it.

D. Both types of positions are entitled to security of tenure. They only differ in the MANNER in which they
are filled.

E. Who may be appointed:

1). RULE: Whoever fulfills all the qualifications prescribed by law for a particular position may be
appointed therein.
2). The CSC cannot disapprove an appointment just because another person is better qualified, as
long as the appointee is himself qualified.
3). The CSC CANNOT add qualifications other than those provided by law.

F. Next-In-Rank Rule

 While a person next in rank is entitled to preferential consideration, it does not follow that only
he, and no one else, can be appointed. Such person has no vested right to the position and
the appointing authority is not bound to appoint the person next in rank.

Tenure (Classification of Positions)

Career Service Non-Career Service

1. Entrance based on merit and fitness to be
determined as far as practicable by competitive
examinations or based on highly technical
qualifications.
2. Entitled to security of tenure
3. With opportunity for advancement to higher career
positions.
1. Entrance on bases OTHER than usual tests of
merit and fitness.
2. Tenure limited to:
a) Period specified by law,
b) Coterminous with the appointing authority
or subject to his pleasure, or
c) Limited to the duration of a particular
project for which purpose the employment
was made.

Security of Tenure:
1) Officers or employees of the Civil Service cannot be removed or suspended EXCEPT for cause provided
by law. It guarantees both procedural and substantive due process.
2) For "LEGAL CAUSE" - Cause is:

a). related to and affects the administration of office, and

b). must be substantial (directly affects the rights & interests of the public)

3) Security of tenure for Non-competitive positions

a). Primarily confidential officers and employees hold office only for so long as confidence in them
remains.
b). If there is GENUINE loss of confidence, there is no removal, but the expiration of the term of
office
c). Non-career service officers and employees do not enjoy security of tenure.
d). Political appointees in the foreign service possess tenure coterminous with that of the appointing
authority or subject to his pleasure.

4) One must be VALIDLY APPOINTED to enjoy security of tenure. Thus, one who is not appointed by the
proper appointing authority does not acquire security of tenure.

Abolition of Office

To be valid, abolition must be made:

(a) In good faith; (good faith is presumed)

(b) Not for political or personal reasons; and
(c) Not in violation of law.

Temporary employees are covered by the following rules:

1). Not protected by security of tenure - can be removed anytime even without cause
2). If they are separated, this is considered an expiration of his term.
3). BUT: They can only be removed by the one who appointed them.
4). Entitled only to such protection as may be provided by law.

No officer or employee in the Civil Service shall engage in any electioneering or in partisan
political activity

1) Cannot solicit votes in favor of a particular candidate.

2) Cannot give campaign contributions or distribute campaign materials.
3) BUT: Allowed to express views on political issues, and to mention the names of the candidates whom he
supports.
4) Prohibition does not apply to department secretaries

Right to organize

The right to organize does NOT include the right to strike

Sections 6-7. DISQUALIFICATIONS

Disqualifications

1) Losing candidates in any election

a). Cannot be appointed to any office in the government or GOCC's or their subsidiaries
b). Period of disqualification: One (1) year after such election.

2) Elective officials

a). Not eligible for appointment or designation ANY CAPACITY to ANY PUBLIC OFFICE or position
during their tenure.
b). EXCEPTION: May hold ex officio positions.
 Examples:
 The Vice President may be appointed Cabinet member
 Congressman may sit in the Judicial and Bar Council

c). To be eligible to hold any other office, the elected official must first resign his office
d). Even Congress cannot, by law, authorize the appointment of an elective official.

3). Appointive officials

a). Cannot hold any other office or employment in the government, any subdivision, agency,
instrumentality, including GOCC's and their subsidiaries.
b). EXCEPTION: Unless otherwise allowed by law, or by the primary functions of his position.
c). This exception DOES NOT APPLY to Cabinet members, and those officers mentioned in Art.
VII, Sec. 13. They are governed by the stricter prohibitions contained therein.

Section 8. COMPENSATION

1) Prohibitions: applies to elected or appointed officers and employees

Cannot receive:
A. Additional - an extra reward given for the same office i.e. bonus
B. Double - when an officer is given 2 sets of compensation for 2 different offices
held concurrently by 1 officer
C. Indirect Compensation

2) EXCEPTION: Unless specifically authorized by law

A. "SPECIFICALLY AUTHORIZED" means a specific authority particularly directed to the officer or

employee concerned.
B. BUT: per diems and allowances given as REIMBURSEMENT for expenses actually incurred are
not prohibited

3) Cannot accept any present, emolument, office, title of any kind from foreign governments UNLESS with
the consent of Congress.

4) Pensions and gratuities are NOT considered as additional, double, or indirect compensation.
 THE COMMISSION ON ELECTIONS

Section 1. COMPOSITION/QUALIFICATIONS/TERM

Composition: (7)

(1)Chairman and
(2)Commissioners (6)

Qualifications:

1) Natural-born citizens of the Philippines;

2) At least 35 years old at the time of appointment
3) Holders of college degrees; and
4) Not candidates for any elective position in the immediately preceding elections.
5) Majority of the Commission, including the Chairman must be:
a). Members of the Philippines Bar
b). Engaged in the practice of law for at least 10 years: “any activity in or out of court, which
requires the application of law, legal procedure, knowledge, training and experience.”
6) Appointments subject to CA approval

Term:

1) Chairman -7 yrs; 3 Members - 7 yrs; 2 Members - 5 yrs; 1 Member - 3 yrs.

2) LIMITATION: Single term only: no reappointment allowed
3) Appointment to a vacancy: only for unexpired portion of predecessor’s term
4) No temporary appointments, or appointments in acting capacity

a). Thus, the President cannot designate an incumbent commissioner as acting Chairman.
b). The choice of temporary chairman falls under the COMELEC’s discretion.

Section 2. POWERS AND FUNCTIONS

Powers:

1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative,
referendum, and recall.

(a) Ex: COMELEC can enjoin construction of public works within 45 days of an election.

3) Exercise:

A. Exclusive original jurisdiction over all contests relating to the elections, returns, and
qualifications of all elective

1. Regional,
2. Provincial, and
3. City officials

B. Appellate jurisdiction over all contests involving:

 1. Elective municipal officials decided by trial courts of general jurisdiction
2. Elective barangay officials decided by trial courts of limited jurisdiction.

C. Decisions, final orders, or rulings of the Commission on election contests involving elective
municipal and barangay offices shall be final, executory, and not appealable.
Exception: Appealable to the SC on questions of law.

D. Contempt powers

1. COMELEC can exercise this power only in relation to its adjudicatory or quasi-judicial
functions. It CANNOT exercise this in connection with its purely executive or
ministerial functions.
2. If it is a pre-proclamation controversy, the COMELEC exercises quasi-
judicial/administrative powers.
3. Its jurisdiction over ‘contests’ (after proclamation), is in exercise of its judicial functions.

E. The COMELEC may issue writs of certiorari, prohibition and mandamus in exercise of its
appellate jurisdiction. This is not an inherent power.

3) Decide, except those involving the right to vote, all questions affecting elections, including determination
of the number and location of polling places, appointment of election officials and inspectors, and
registration of voters.

Note: Questions involving the right to vote fall within the jurisdiction of the ordinary courts.

4) Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the
Government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free,
orderly, honest, peaceful, and credible elections.

a). This power is NOT limited to the election period.

b). Applies to both criminal and administrative cases.

5) Registration of political parties, organizations, or coalitions/accreditation of citizens’ arms of the

Commission on Elections.

a). The political parties etc. must present their platform or program of government.
b). There should be sufficient publication
c). Groups which cannot be registered:

i. Religious denominations/sects
ii. Groups which seek to achieve their goals through violence or unlawful means
iii. Groups which refuse to uphold and adhere to the Constitution
iv. Groups which are supported by any foreign government.

d). BUT: Political parties with religious affiliation or which derive their principles from religious
beliefs are registerable.

e). Financial contributions from foreign governments and their agencies to political parties,
organizations, coalitions, or candidates related to elections constitute interference in national
 affairs. If accepted, it is an additional ground for the cancellation of their registration with the
Commission, in addition to other penalties that may be prescribed by law.

6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion of exclusion of
voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts
or omissions constituting elections frauds, offenses and malpractices.

A. COMELEC has exclusive jurisdiction to investigate and prosecute cases for violations of
election laws.
B. COMELEC can deputize prosecutors for this purpose. The actions of the prosecutors are the
actions of the COMELEC
C. Preliminary investigation conducted by COMELEC is valid.

7) Recommend to the Congress effective measures to minimize election spending, including limitation of
places where propaganda materials shall be posted, and to prevent and penalize all forms of election
frauds, offenses, malpractices, and nuisance candidacies.

8) Recommend to the President the removal of any officer or employee it has deputized, or the imposition
of any other disciplinary action, for violation or disregard or, or disobedience to its directive, order, or
decision.

9) Submit to the President and the congress a comprehensive report on the conduct of each election,
plebiscite, initiative, referendum, or recall.

Section 3. RULES OF PROCEDURE/DECISION-MAKING

Rules of Procedure

1) COMELEC can sit en banc or in two divisions

2) It has the power to promulgate its own rules of procedure in order to expedite disposition of election
cases, including pre-election controversies.

Decision-Making

1) Election cases should be heard and decided in division. Provided that,

2) Motions for reconsideration of decisions should be decided by COMELEC en banc.
3) ”Decisions” mean resolutions on substantive issues.
4) If a division dismisses a case for failure of counsel to appear, the Motion for Reconsideration here may
be heard by the division.
5) EXCEPTION: COMELEC en banc may directly assume jurisdiction over a petition to correct manifest
errors in the tallying of results by Board of Canvassers.

Section 4. SUPERVISION/REGULATION OF FANCHISES / PERMITS / GRANTS / SPECIAL

PRIVILEGES / CONCESSIONS

Regulation of franchises

A. What can COMELEC supervise or regulate

 1). The enjoyment or utilization of all franchises or permits for the operation of transportation and
other public utilities, media of communication or information.
2). Grants, special privileges or concessions granted by the Government or any subdivision,
agency or instrumentality thereof, including any GOCC or its subsidiary

B. When can COMELEC exercise this power

1). During the election period

a). Under Article XI, Section 9, the election period commences 90 days before
the day of the election and ends 30 days thereafter.
b). In special cases, COMELEC can fix a period.

2). Applies not just to elections but also to plebiscites and referenda.
3). Plebiscite: Submission of constitutional amendments or important legislative measures to the
people ratification
4). Referendum: power of the electorate to approve or reject legislation through an election called
for that purpose.

COMELEC and the MEDIA

1). COMELEC cannot compel print media to donate free space to the COMELEC. It may, however,
compel it to provide space after paying just compensation.
2). Power of COMELEC is over franchises and permits, NOT individuals. For example, COMELEC may
not regulate media practitioners, for this would violate the freedom of expression.

Section 5. No pardon, amnesty, parole, or suspension of sentence for violation of election laws,
rules, and regulations shall be granted by the President without the favorable recommendation of
the Commission.

Section 6

Definition of Political Party

 organized group of persons pursuing the same political ideals in a government and includes its
branches, and divisions

Importance of registration of a political party

1) Registration confers juridical personality on the party.

2) It informs the public of the party's existence and ideals.
3) It identifies the party and its officers for purposes of regulation by the COMELEC.

Section 7. No votes cast in favor of a political party, organization, or coalition shall be valid,
except for those registered under the party-list system as provided in this Constitution.

Prohibition on block-voting
1) General rule: Block voting NOT allowed
2) EXCEPTION: those registered under the party-list system

Section 8. PARTY LIST SYSTEM

No Right to be Represented in Various Boards

 Political parties, organizations, or coalitions registered under the party-list system shall NOT
be represented in the following:

1). Voters’ registrations boards,

2). Boards of election inspectors,
3). Boards of canvassers, or
4). Other similar bodies.

Poll Watchers

 Political parties, etc. are entitled to appoint poll watchers in accordance with law.

Section 10. Bona fide candidates for any public office shall be free from any form of harassment
and discrimination.

 This section does not give candidates immunity from suit.

 Discrimination includes unequal treatment in the availment of media facilities.

Section 11. FUNDING

How provided

1) Funds certified by the COMELEC as necessary to defray the expenses for holding regular and special
elections, plebiscites, initiative, referenda and recalls, shall provided in the regular or special
appropriations.
2) Funds should be certified by the COMELEC as necessary.

Release of funds

 Once approved, funds should be released automatically upon certification by the Chairman of
COMELEC.


THE COMMISSION ON AUDIT

Section 1. COMPOSITION/QUALIFICATIONS

Composition:

1) Chairman, and
2) Commissioners (2).

Qualifications:
1) Natural-born citizens of the Philippines
2) At least 36 years old at the time of their appointment;
3) Either:
a). CPA’s with at least 10 years auditing experience; or
b). Members of Phil. Bar with 10 years of practice.
4) Members cannot all belong to the same profession.
5) Subject to confirmation of the CA.
6) Must not have been candidates for any elective position in the elections immediately preceding their
appointment.

Term:

1) Chairman -7 yrs; Commissioner1 -5yrs; Commissioner - 2 -3 yrs.

2) LIMITATION: - Single terms only; no re-appointment allowed
3) Appointments to any vacancy shall only be for the unexpired portion of predecessor’s term

Section 2. POWERS

1) Examine, audit, and settle accounts pertaining to:

A. Revenue and receipts of funds or property; or
B. Expenditures and uses of funds or property

Owned or held in trust by, or pertain to:

A. The Government;
B. Any of its subdivisions, agencies or instrumentalities;
C. Including GOCC’s with original charters.

2) Conduct post-audit with respect to the following:

A. Constitutional bodies, commissions, and offices granted fiscal autonomy;

B. Autonomous state colleges and universities;
C. GOCC’s and their subsidiaries incorporated under the Corporation Code.
D. None-governmental entities receiving subsidies or equity, directly or indirectly, from or through
the government, which are required by law of the granting of institution to submit to such audit.

3) If COA finds internal control system of audited agencies as inadequate, COA may adopt measures,
including temporary or special pre-audit, as may be necessary.

4) Keep the general accounts of the government, preserving vouchers and other supporting papers
pertaining thereto.

5) Exclusive authority to define the scope of COA’s audit and examination and to establish the techniques
and methods required therefor.

6) Promulgate accounting and auditing rules and regulations.

A. Including those for the prevention or disallowance of irregular, unnecessary, excessive,

extravagant, or unconscionable expenditures or uses of government funds and properties.
 B. Failure to comply with these rules can be a ground for disapproving the payment of a
proposed expenditure.

Note:

1) The functions of COA can be classified as:

A. Examine and audit all forms of government revenues;

B. Examine and audit all forms of gov’t expenditures
C. Settle gov’t accounts
D. Promulgate accounting and auditing rules (including those for the prevention of irregular…
expenditures.
E. To decide administrative cases involving expenditures of public funds.

2) COA can settle only LIQUIDATED ACCOUNTS or those accounts which may be adjusted simply by
arithmetic process.

3) COA has authority not just over accountable officers but also over other officers who perform functions
related to accounting such as verification of evaluations and computation of fees collectible, and the
adoption of internal rules of control.

4) COA does not have the power to fix the amount of an unfixed or undetermined debt.

5) Where the following requirements are complied with, it becomes the ministerial duty of the COA to
approve and pass in audit vouchers for payment:

A. There is a law appropriating funds for a particular purpose;

B. There is a contract, made by the proper officer, entered into in conformity with the above-
mentioned law;
C. The goods or services covered by such contract have been delivered or rendered in
pursuance to such contract, as attested by the proper officer; and
D. Payment has been authorized by officials of the corresponding department or bureau.

6) Prosecutors may still review accounts already settled and approved by COA for the purpose of
determining possible criminal liability. This is because COA’s interest in such accounts is merely
administrative.

7) COA has the power to determine the meaning of ‘public bidding’ and what constitutes failure when
regulations require public bidding for the sale of government property.

Section 3. No law shall be passed exempting any entity of the Government or its subsidiary in
any guise whatever, or any investment of public funds, from the jurisdiction of the Commission on
Audit.

ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS

Section 1: PUBLIC OFFICE AS A PUBLIC TRUST

Public officers and employees must at all times be accountable to the people, serve them with
utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice and lead
modest lives.

Section 2: IMPEACHMENT/REMOVAL FROM OFFICE

Impeachment: (as means of removal from office)

1. Who may be impeached:

President
VP
SC Justices
Constitutional Commission members
Ombudsman

2. Grounds

Culpable violation of the Constitution

treason
bribery
graft and corruption
other high crimes or
betrayal of public trust

Note: It is an exclusive list. Congress cannot, by law, add to the list of impeachable offenses.

3. These officers cannot be charged in court with offenses that have removal from office as penalty.
4. The President cannot be charged with murder.
5. A SC Justice cannot be disbarred because this would disqualify him from his position.
6. BUT AFTER an official has been impeached, he can be charged with the appropriate offense.
7. Resignation by an impeachable official does not place him beyond the reach of impeachment
proceedings; he can still be impeached.

All Other Public Officers and Employees

1. They may be removed from office as provided by law

2. BUT: NOT by impeachment

Section 3: PROCEDURE FOR IMPEACHMENT

Exclusive Power of House of Representatives

The House of Representatives has exclusive power to INITIATE all cases of impeachment.

Procedure:

1. Filling of verified complaint

a. Can be filed by:

 1. Any member of the House of Representatives or
2. Any citizen upon a resolution of endorsement by any Member of the House or
3. By at least 1/3 of all the Members of the House of Representatives

2.) Inclusion of complaint in the order of business with 10 session days

3.) Referral to proper Committee within 3 session days thereafter
4.) Submission of Committee report to the House together with corresponding resolution

a. There should be a hearing

b. There should be a majority vote of the members
c. The report should be submitted within 60 days from referral, after hearing, and by a
majority vote of ALL its members.

5.) Calendaring of resolution for consideration by the House

Should be done within 10 session days from receipt thereof
6.) Vote of at least 1/3 of all Members of the House necessary to:

a. Affirm a favorable resolution with the Articles of Impeachment of the Committee or

b. To override its contrary resolution

Note: If the verified complaint or resolution of impeachment was filed by at least 1/3 of all the Members of
the House, it shall constitute the Articles of Impeachment. Trial in the Senate shall proceed.

7.) Trial in the Senate

A. Senate has the sole power to try and decide all cases of impeachment
B. For this purpose, the Senators shall be under oath or affirmation
a. When the President of the Philippines is on trial, the CJ of the Supreme Court presides.
However, he/she will not vote.

8.) Judgment of Conviction

This requires the concurrence of 2/3 of all the Members of the Senate

9.) Effect of the Impeachment

a. Removal from office of the official concerned

b. Disqualification to hold any office under the Republic of the Philippines
c. Officer still liable to prosecution, trial, and punishment if the impeachable offense
committed also constitutes a felony or crime.

Section 4: SANDIGANBAYAN

Sandiganbayan = the anti-graft court

Sections 5-6, 8-14: OFFICE OF THE OMBUDSMAN

Composition:

1.) Ombudsman/Tanodbayan
2.) Overall deputy
3.) At least one Deputy each for Luzon, Visayas and Mindanao
4.) Deputy for military establishment may be appointed

Qualifications: (Ombudsman and his deputies)

1.) Natural born citizen of the Philippines

2.) At least 40 years old at time of appointment
3.) Of recognized probity and independence
4.) Member of the Philippine bar
5.) Must not have been candidate for any elective office in the immediately preceding election
6.) For Ombudsman: He must have been for ten years or more
a. A judge or
b. Engage in the practice of law in the Philippines

Disqualifications/Prohibitions (under Article IX, Section 2)

1.) Cannot hold any other office or employment during his tenure
2.) Cannot engage in the practice of any profession or in the active management or control of any business
which may be affected by the functions of his office
3.) Cannot be financially interested, directly or indirectly, in any contract with or in any franchise or privilege
granted by the Government, any of its subdivisions, agencies or instrumentalities, including GOCCs or
their subsidiaries

Appointment

1. Of Ombudsman and deputies

a. By the president from a list of at least 6 nominees prepared by the Judicial and Bar
Council. Vacancies will be filled from a list of 3 nominees
b. Appointments do NOT require confirmation
c. All vacancies shall be filled within 3 months after they occur.

2. Of other officials and employees of the Office of the Ombudsman

d. By the Ombudsman
e. In accordance with Civil Service Law

Term: (Ombudsman and deputies)

1. 7 years with reappointment

2. They are NOT qualified to run for any office in the election immediately succeeding their cessation from
office

Rank/Salaries:

1. The Ombudsman has the rank of Chairman of a Constitutional Commission

2. The Members have the rank of members of a Constitutional Commission
3. Their salaries cannot be decreased during their term of office.
Powers, Functions and Duties of the Office of the Ombudsman

1. Investigate on its own, or on complaint by any person, any act or omission of any public official,
employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient.

a. The SC held that the power to investigate and prosecute cases involving public officers
and employees has been transferred to the Ombudsman.
b. The Ombudsman may always delegate his power to investigate.
c. The power to investigate includes the power to impose preventive suspension.
d. This preventive suspension is not a penalty.
e. “INVESTIGATE” does not mean preliminary investigation.
f. The complaint need not be drawn up in the usual form.
g. The “ILLEGAL” act or omission need not be in connection with the duties of the public
officer or employee concerned.
h. ANY illegal act may be investigated by the Ombudsman. In this regard, the
Ombudsman’s jurisdiction is CONCURRENT with that of the regular prosecutors.

2. Direct, upon complaint or at its own instance, any public official or employee of the government, or any
subdivision, agency or instrumentality thereof, as well as of any government-owned or controlled corporation
with original charter, to perform and expedite any act of duty required by law, or to stop, prevent, and correct
any abuse or impropriety in the performance of duties.

a. The Ombudsman has PERSUASIVE POWER, and may require that proper legal steps
are taken by the officers concerned.
b. The public official or employee must be employed in:
(I). The Government
(II). Any subdivision, agency, or instrumentality thereof; or
(III). GOCC’s with original charters
c. The SC has held that the SP may prosecute before the Sandiganbayan judges accused of
graft and corruption, even if they are under the Supreme Court.

3.) Direct the officer concerned to take the appropriate action against a public official or employee at fault,
and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure
compliance therewith.

a. The Ombudsman does NOT himself prosecute cases against public officers or
employees.
b. Final say to prosecute still rests in the executive department.
c. The Ombudsman or Tanodbayan may use mandamus to compel the fiscal to prosecute.

4.) Direct the officer concerned, in any appropriate case, and subject to such limitations as may be provided
by law to furnish it with copies of documents relating to contracts or transactions entered into by his office
involving the disbursement or use of public funds of properties, and report any irregularity to COA for
appropriate action.

5.) Request any government agency for assistance and information necessary in the discharge of its
responsibilities, and to examine, if necessary, pertinent records and documents.

6.) Public matters covered by its investigation when circumstances so warrant and with due process
7.) Determine the cause of inefficiency, red tape, mismanagement, fraud and corruption in the government
and make recommendations for their elimination and the observance of high standards of ethics and
efficiency

8.) Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as
may be provided by law

Note: The Office of the Ombudsman also has the duty to act promptly on complaints filed in any form or
manner against public officials or employees of the government, or any subdivision, agency or
instrumentality including GOCCs and their subsidiaries. In appropriate cases, it should notify the
complainants of the action taken and the result thereof.

Fiscal Autonomy:

The Office of the Ombudsman enjoys fiscal autonomy. Its approved annual appropriations should be
automatically and regularly released.

Section 7: OFFICE OF THE SPECIAL PROCECUTOR

1. Under the 1987 Constitution, the existing Tanodbayan became the Office of the Special Prosecutor

2. Powers
a. It will continue to function and exercise its powers as now or hereafter may be provided by
law
b. Exception: Powers conferred on the Office of the Ombudsman

3. The Office of the Special Prosecutor is subordinate to and acts under the orders of the Ombudsman

Note: According to Jack, the SC was wrong because the ConCom intended that the SP was to prosecute
anti-graft cases.

Section 15: RECOVERY OF ILL-GOTTEN WEALTH

Prescription, Laches, Estoppel

1.) The right of the State to recover properties unlawfully acquired by public officials and employees
from them or from their nominees or transferees shall NOT be barred by prescription, laches or
estoppel.
2.) Their right to prosecute criminally these officials and employees may prescribe.

ARTICLE XVI - GENERAL PROVISIONS

Sections 1-2. Symbols of Nationality

1) Flag

 Red, white, and blue.

 With a sun and 3 stars
 The design may be changed by constitutional amendment.

2) Congress may, by law, adopt a new:

 (a) Name for the country,
(b) National anthem, or
(c) National seal.

Note: Law will take effect upon ratification by the people in a NATIONAL REFERENDUM.

Section 3. State Immunity

Suability of State

1) The State cannot be sued without its consent.

2) When considered a suit against the State
a). The Republic is sued by name;
b). Suits against an un-incorporated government agency;
c). Suit is against a government official, but is such that ultimate liability shall devolve on the
government
i. When a public officer acts in bad faith, or beyond the scope of his authority, he can be
held personally liable for damages.
ii. BUT: If he acted pursuant to his official duties, without malice, negligence, or bad faith,
they are not personally liable, and the suit is really one against the State.
3) This rule applies not only in favor of the Philippines but also in favor of foreign states.
4) The rule likewise prohibits a person from filing for interpleader, with the State as one of the defendants
being compelled to interplead.

Consent to be sued

A. Express consent:

1). The law expressly grants the authority to sue the State or any of its agencies.
2). Examples:

a). A law creating a government body expressly providing that such body “may sue or be
sued.”
b). Art. 2180 of the Civil Code, which creates liability against the State when it acts
through a special agent.

B. Implied consent:

1). The State enters into a private contract.

a). The contract must be entered into by the proper officer and within the scope of his
authority.
b). UNLESS: The contract is merely incidental to the performance of a governmental
function.

2). The State enters into an operation that is essentially a business operation.

a). UNLESS: The operation is incidental to the performance of a governmental function

(e.g. arrastre services)
 b). Thus, when the State conducts business operations through a GOCC, the latter can
generally be sued, even if its charter contains no express “sue or be sued” clause.

3). Suit against an incorporated government agency.

a) This is because they generally conduct propriety business operations and have
charters which grant them a separate juridical personality.

4). The State files suit against a private party.

UNLESS: The suit is entered into only to resist a claim.

Garnishment of government funds:

1) GENERAL RULE: NO. Whether the money is deposited by way of general or special deposit, they
remain government funds and are not subject to garnishment.
2) EXCEPTION: A law or ordinance has been enacted appropriating a specific amount to pay a valid
government obligation, then the money can be garnished.

Consent to be sued is not equivalent to consent to liability:

1) The Fact that the State consented to being sued does not mean that the State will ultimately be held
liable.
2) Even if the case is decided against the State, an award cannot be satisfied by writs of execution or
garnishment against public funds. Reason: No money shall be paid out of the public treasury unless
pursuant to an appropriation made by law.

Section 4. THE ARMED FORCES OF THE PHILIPPINES

Composition:

A citizen armed force

Prohibitions and disqualifications:

1) Military men cannot engage, directly or indirectly, in any partisan political activity, except to vote.
2) Members of the AFP in active service cannot be appointed to a civilian position in the government,
including GOCCs or their subsidiaries.

The Chief of Staff:

1) Tour of duty: Not exceed to three years

2) EXCEPTION: In times of war or other national emergency as declared by Congress, the President may
extend such tour of duty.

ARTICLE XVII- AMENDMENTS OR REVISIONS

Definitions:

1) Amendment: an alteration of one or a few specific provisions of the Constitution. Its main purpose is to
improve specific provisions of the Constitution. The changes brought about by amendments will not
 affect the other provisions of the Constitution.
2) Revision: An examination of the entire Constitution to determine how and to what extent it should be
altered. A revision implies substantive change, affecting the Constitution as a whole.

Constituent power v. Legislative power

1) Constituent power is the power to formulate a Constitution or to propose amendments to or revisions of

the Constitution and to ratify such proposal. Legislative power is the power to pass, repeal or amend or
ordinary laws or statutes (as opposed to organic law).
2) Constituent power is exercised by Congress (by special constitutional conferment), by a Constitutional
Convention or Commission, by the people through initiative and referendum, and ultimately by
sovereign electorate, whereas legislative power is an ordinary power of Congress and of the people,
also through initiative and referendum.
3) The exercise of constituent power does not need the approval of the Chief Executive, whereas the
exercise of legislative power ordinarily needs the approval of the Chief Executive, except when done by
people through initiative and referendum.

Three (3) steps necessary to give effect to amendments and revisions:

1) Proposal of amendments or revisions by the proper constituent assembly;

2) Submission of the proposed amendments or revisions; and
3) Ratification.

Proposal of amendments:

Amendments may be proposed by:

A. Congress, acting as a constituent assembly, by a 3/4 vote of all its members.

 The power of Congress to propose amendments is NOT part of its ordinary legislative power.
 The only reason Congress can exercise such power is that the Constitution has granted it such
power.

B. Constitutional Convention:

1) How a Constitutional Convention may be called

a). Congress may call a ConCon by a 2/3 vote of all its members; or
b). By a majority vote of all its members, Congress may submit to the electorate the
question of whether to call a ConCon or not.

2) Choice of which constituent assembly (either Congress or ConCon) should initiate amendments
and revisions is left to the discretion of Congress. In other words, it is a political question.

3) BUT: The manner of calling a ConCon is subject to judicial review, because the Constitution has
provided for vote requirements.

4) If Congress, acting as a constituent assembly, calls for a ConCon but does not provide the
details for the calling of such ConCon, Congress - exercising its ordinary legislative power -
may supply such details. But in so doing, Congress (as legislature) should not transgress the
resolution of Congress acting as a constituent assemble.

5) Congress, as a constituent assembly and the ConCon have no power to appropriate money for
 their expenses. Money may be spent from the treasury only to pursuant to an appropriation
made by law.

C. People’s Initiative

1) Petition to propose such amendments must be signed be at least 12% of ALL registered voters.
2) Every legislative district represented by at least 3% of the registered voters therein.
3) Limitation:
It cannot be exercised oftener than once every 5 years.

Note:
1) While the substance of the proposals made by each type of constituent assembly is not subject to
judicial review, the manner the proposals are made is subject to judicial review.
2) Since these constituent assemblies owe their existence to the Constitution, the courts may determine
whether the assembly has acted in accordance with the Constitution.
3) Examples of justiciable issues:

a) Whether a proposal was approved by the required number of votes in Congress (acting as a
constituent assembly).
b) Whether the approved proposals were properly submitted to the people for ratification.

Proposal of Revisions

1) By Congress, upon a vote of 3/4 of its members

2) By a constitutional convention

Ratification

1) Amendments and revisions proposed by Congress and/or by a ConCon:

a) Valid when ratified by a MAJORITY of votes cast in a plebiscite.

b) Plebiscite is held not earlier than 60 days nor later than 90 days from the approval of such
amendments or revisions.

2) Amendments proposed by the people via initiative:

a) Valid when ratified by a MAJORITY of votes cast in a plebiscite.

b) Plebiscite is held not earlier than 60 days nor later than 90 days after the certification by
COMELEC of the petition's sufficiency.

3) Requisites of a valid ratification:

a) Held in a plebiscite conducted under the election law;

b) Supervised by the COMELEC; and
c) Where only franchised voters (registered) voters take part.

4) Issues regarding ratification:

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

ARTICLE XVIII - TRANSITORY PROVISIONS

Effectivity of the 1987 Constitution

 The 1987 Constitution took effect immediately upon its ratification.

 According to the SC, this took place on February 2, 1987, which was the day the people cast their votes
ratifying the Constitution.

Military bases agreements

1) Renewals of military bases agreements must be through a strict treaty.

2) Ratification of the agreement in a plebiscite is necessary only when Congress so requires.
3) Section 25 of Article XVIII allows possible local deployment of only AMERICAN forces.