POLITICAL LAW REVIEW | 4B | 2010
THE 1987 CONSTITUTION OF THE REPUBLIC OF THE
PHILIPPINES
Note: The Constitution is MUNICIPAL law not international
law. Hence, it only binds the state promulgating it.
PREAMBLE
We, the sovereign Filipino people, imploring the aid of
Almighty God, in order to build a just and humane society,
and establish a Government that shall embody our ideals
and aspirations, promote the common good, conserve and
develop our patrimony, and secure to ourselves and our
posterity, the blessings of independence and democracy
under the rule of law and a regime of truth, justice, freedom,
love, equality, and peace, do ordain and promulgate this
Constitution.
Purpose and Effect of the Preamble
- The Preamble is not a source of power or right of the
government BUT sets down the origin, scope and
purpose of the Constitution.
- Used to ascertain ambiguous provisions of the Consti
- ORIGIN: The Filipino people (“we”) is identified as the
author of the Constitution
- SCOPE and PURPOSE: Establish a government
endowed with the enumerated ideals AND to build a
civil society that is just and humane
ARTICLE I
NATIONAL TERRITORY
The national territory comprises:
- the Philippine archipelago,
- with all the islands and waters embraced therein,
and
- all other territories over which the RP has
sovereignty or jurisdiction, consisting of its
terrestrial, fluvial and aerial domains, including its
territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas.
The waters around, between, and connecting the islands of
the archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the
Philippines.
Purpose of the Article: In order to know the extent of the
state’s sovereignty - the extent of the territory upon which
a state has jurisdiction over
THE NATIONAL TERRITORY COMPRISES:
1. The Philippine ARCHIPELAGO, with all islands and
waters embraced therein
PHILIPPINE ARCHIPELAGO - That body of water studded
with islands which is delineated in the Treaty of Paris, as
amended by the Treaty of Washington and the Treaty with
Great Britain.
1987 Constitution | Atty. Jack Jimenez
2. All OTHER TERRITORIES over which the
Philippines has sovereignty or jurisdiction
- A catch all statement to cover any claim which the
RP may have (Ex. Sabah)
- “HAS” – Broader term that can include even
territory temporarily controlled by an invading
force.
- Includes those territories belonging to the
Philippines by historic right or legal title
- Includes any territory:
a. Presently belonging, or
b. Those that might in the future belong to the
Philippines through any of the accepted
international modes of acquiring territory
3. BOTH (1) The Philippine archipelago and (2) all
other territories consisting of the following:
a. Terrestrial, Fluvial, Aerial Domains
b. Including the territorial sea, seabed, subsoil,
insular shelves and other submarine area
Note: The RP lays claim to these domains to the extent
recognized by international law. (Ex. Convention on the
law of the sea)
- Terrestrial Domain: includes all surfaces of land
above the sea w/in the baselines that belong to the RP.
- Fluvial Domain: Inland waters, bays, rivers, streams,
as well as internal waters
- Aerial Domain: The air directly above the terrestrial
domain and fluvial domain all the way up to outer
space where there is no more air.
- Territorial Sea: the seabed, the subsoil, the insular
shelves, and other submarine areas in the Philippine
archipelago and all other territories, corresponding to
(1) and (2) above.
ARCHIPELAGIC PRINCIPLE
1. Internal Waters: Waters around, between, and
connecting the islands of the archipelago, regardless of
their breadth and dimensions.
2. Straight Baseline Method- Method of delineating the
territorial sea. It consists of drawing straight lines
connecting the outermost points on the coast without
departing to any appreciable extent from the general
direction of the coast.
THE BASELINES BILL (R.A. 9522, March 10, 2009) -
Establishes 101 basepoints around the Philippine
archipelago which are connected by straight lines to form
the Philippine baselines. The Kalayaan Island Group as
constituted under PD No. 1596 and the Bajo de Masinloc,
also known as Scarborough Shoal are not included in the
islands enclosed by the Philippine archipelagic baselines,
and are instead treated as "regime of islands" under
Philippine control.
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NOTE:
1. The “Kalayaan Islands” has its own Territorial Sea,
Contiguous Zone and Exclusive Economic Zone.
2. BUT Scarborough Shoal ONLY has a Territorial Sea and
Contiguous Zone.
TERRITORIAL 12 nautical miles from baseline
SEA
CONTIGUOUS 24 nautical miles from baseline, or
ZONE 12 nautical miles from the edge of
the territorial sea
EXCLUSIVE 200 nautical miles from the
ECONOMIC ZONE baseline (includes the territorial
sea and the contiguous zone)
EXTENDED Beyond the 200 nautical miles
CONTINENTAL
SHELF
NOTE: There can be a Continental Shelf without an EEZ,
but not an EEZ without a Continental Shelf.
Territorial Sea - The belt of the sea located between the
coast and internal waters of the coastal state on the one
hand, and the high seas on the other, extending up to 12
nautical miles from the low water mark.
Contiguous Zone - Extends up to 12 nautical miles from
the Territorial Sea. Although not part of the territory, the
coastal State may exercise jurisdiction to prevent
infringement of customs, fiscal, immigration or sanitary
laws.
Exclusive Economic Zone - Body of water extending up to
200 nautical miles, within which the state may exercise
sovereign rights to explore, exploit, conserve and manage
the natural resources.
Extended Continental Shelf – Portion of the continental
shelf that lies beyond the 200 nautical mile limit. A coastal
state may establish a continental shelf beyond the 200
nautical miles from its coastline.
ARTICLE II
DECLARATION OF PRINCIPLES AND STATE POLICIES
Basic Principles (First 6 Sections): Constitutional
principles which the government must respect and
observe. Fixed and cannot be changed
State Policies (Next 22 Sections): Guidelines which still
need to be implemented by Congress. Not fixed, subject to
change
PRINCIPLES
Sec 1. The Philippines is a democratic and republican
State. Sovereignty resides in the people and all
government authority emanates from them.
1987 Constitution | Atty. Jack Jimenez
ELEMENTS OF A STATE: (Montivideo Convention,1933)
1. GOVERNMENT - Institution organized in order to
manage the affairs of the State.
- The institution or aggregate of institutions by
which an independent society makes and carries
out rules of action which are necessary to enable
men to live in a social state.
2. SOVEREIGNTY - Power of the State to regulate
matters within its own territory. It is the supreme
power to affect legal interests either legislative,
executive or judicial action.
- Resides in the people but exercised by the
government. (Delegated by the people)
- Authority of the gov’t continues only with the
consent of the people
- Capacity to conduct international relations
- Stated in terms of Auto-Limitation: It is a
property of a state-force due to which it has the
exclusive capacity of legal self-determination and
self-restriction
- Political Sovereignty: The sum total of all the
influence in a state, legal and non legal which
determine the course of law.
3. Permanent POPULATION - A group of persons
sufficiently numerous held together by a common
bond.
4. Defined TERRITORY - A definite area over which the
State exercises sovereign jurisdiction.
TERMS
State (legal concept) v. Nation (racial or ethnic concept)
- But the Consti uses them interchangeably
- State is the corporate entity
Government: One of the elements of a state
Administration: The set of people currently running the
institution (changes w/o any change in state and gov’t)
CLASSIFICATION OF THE FUNCTIONS OF GOV’T
1. Constituent: The compulsory functions which
constitute the very bonds of society (ex. Keeping
order, providing protection)
2. Ministrant: The optional functions of government
Note: principles for determining w/n the gov’t shall
exercise these optional functions:
a. That a gov’t should do for the public welfare those
things which private capital would not naturally
undertake
b. That a gov’t should do those things which by its
very nature is better equipped to administer for
the public welfare than any private individual
PHHC v. Court of Industrial Relations: Housing is a
governmental function since it is considered an essential
service
Spouses Fontanilla v. Maliaman: Supplying water for a
price is a trade and not a governmental activity.
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CLASSIFICATION OF GOVERNMENTS as to LEGITIMACY:
DE JURE DE FACTO
Government which is placed Government that actually
in power following legal or exercises power or control
constitutional processes. but without legal title.
Exists according to the will Exists against the
of the people as expressed in fundamental law
the fundamental law
CLASSIFICATION OF DE FACTO GOVERNMENTS:
1. DE FACTO IN A PROPER LEGAL SENSE: That
government that gets possession and control of, or
usurps by force or by the voice of majority the rightful
legal government and maintains itself against the will
of the latter
2. GOVERNMENT OF PARAMOUNT FORCE: That which
is established and maintained by military forces who
invade and occupy a territory of the enemy 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.
In Re Letter of Associate Justice Puno: Pres Aquino’s
government and the Freedom Constitution is a de jure
government because it was established by authority of the
legitimate sovereign, the people. It was a revolutionary
government in defiance of the 1973 Constitution.
Republic v. Sandiganbayan: Cory’s gov’t was a
revolutionary gov’t bound by no constitution or legal
limitations except treaty obligations that the revolutionary
gov’t as the de jure gov’t assumed under international law.
During the interregnum when the Freedom Constitution
took effect, the Bill of Rights under the 1973 Consti was
NOT operative. HOWEVER, the protection accorded to
individuals under international law remained.
PRESIDENTIAL FORM V. PARLIAMENTARY FORM
A. Presidential Form:
- Identifying feature: Separation of Powers.
- Establishing equilibrium between the 3 power
holders (1) Executive; (2) Legislative; (3) Judiciary
B. Parliamentary Form of Gov’t
1. The members of the gov’t or cabinet of the
executive arm are simultaneously members of the
legislature
2. The government or cabinet, consisting of the
political leaders of the majority party or of a
coalition who are also members of the legislative,
is in effect a committee of the legislature
3. The government or cabinet has a pyramidal
structure at the apex of which is the Prime
Minister of his equivalent
4. The gov’t or cabinet remains in power only for as
long as it enjoys the support of the majority of the
legislature
1987 Constitution | Atty. Jack Jimenez
5. Both gov’t and legislature are possessed of control
devised with which each can demand of the other
immediate political responsibility.
Note: The legislature has the vote of non-confidence
(censure) where the gov’t may be ousted. In the hands of
the gov’t is the power to dissolve the legislature and call
for new elections.
Note: The RP only experienced a presidential form of gov’t
REPUBLICAN AND DEMOCRATIC STATE
- Republican: Government when all officials emanates
from the people and is exercised by representatives
chosen by the people
- Democracy: Aspects seen in initiative and referendum
and the revolutionary government
Constitutional Authoritarianism: Assumption of
extraordinary powers by the President, including
legislative and judicial and even constituent powers. (Ex.
Marcos regime)
Sec 2. The Philippines:
1. Renounces war as an instrument of national policy,
2. Adopts the generally accepted principles of
international law as part of the law of the land and
3. Adheres to the policy of peace, equality, justice,
freedom, cooperation, and amity with all nations.
Kind of War Renounced: AGGRESSIVE not defensive war.
Adoption of International Law
- Treaty: Becomes part of the law of the land when
concurred by the RP
- Customs: By “incorporation” (sec2)
Generally Accepted Principles of International Law -
Principles based on natural justice common to most
national systems of law. Ex:
- 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)
- Right of a country to establish military commissions to
try war criminals (Kuroda v. Jalandoni)
- Duty to protect premises of embassies and legations
(Reyes v. Bagatsing)
- Some incorporated in treaties- ex. Vienna Convention
on Road Signs and Signals (Agustin v. Edu)
Affirmation of Amity does NOT Mean Automatic
Diplomatic Recognition - It remains a matter of executive
discretion
Sec 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.
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Civilian Supremacy: The Constitution makes a civilian
president the commander in chief of the armed forces
- Civilian officials are superior to military officials
only when the law makes them so.
Role of the Armed Forces:
- 2 Thoughts in the Provision:
1. Disapproval of military abuses
2. Guardianship of sovereignty
- There is no assertion of a political role for the military.
But such role may be seen in its goal.
Sec 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.
- The provision came as a reaction to the experience
with the Marcos regime
- It is now more people-centered than national security-
centered
- National defense remains a duty of the state but is
placed merely as one of the modes of protecting the
people
Sec 5. The:
- maintenance of peace and order,
- the protection of life, liberty, and property, and
- promotion of the general welfare
are essential for the enjoyment by all the people of the
blessings of democracy.
Sec 6. The separation of Church and State shall be
inviolable.
STATE POLICIES
Sec 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.
Sec 8. The Philippines, consistent with the national
interest, adopts and pursues a policy of freedom from
nuclear weapons in its territory.
Policy on Nuclear Weapons
- The policy includes not only possession, control, and
manufacture of nuclear weapons but also nuclear
arms tests
- Exc. to the Policy: May be made by political
departments by reason of national interest
- Policy does NOT prohibit the peaceful uses of nuclear
energy
1987 Constitution | Atty. Jack Jimenez
- Any new agreement on foreign military troops must
embody the basic policy of freedom from nuclear
weapons. An ocular inspection is within the power of
the gov’t in order to remove nuclear weapons.
Sec 9. The State shall promote a just and dynamic social
order that will:
- ensure the prosperity and independence of the
nation and
- free the people from poverty through policies that
provide adequate social services,
- promote full employment, a rising standard of
living, and an improved quality of life for all.
Sec 10. The State shall promote social justice in all phases
of national development.
- Sec 9 & 10 is derived from the premises that
poverty and gross inequality are major problems
of the RP
- The provision has been chiefly instrumental in the
socialization of the state’s attitude to property
rights thus eradicating the vestiges of laissez faire
Social Justice, defined: The equalization of economic,
political, and social opportunities with special emphasis on
the duty of the state to tilt the balance of social forces by
favoring the disadvantaged in life.
Sec 11. The State values the dignity of every human
person and guarantees full respect for human rights.
Sec 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.
The natural and primary right and duty of parents in the
rearing of the youth for civic efficiency and the
development of moral character shall receive the support
of the Government.
Sec 13. The State:
- recognizes the vital role of the youth in nation-
building and
- shall promote and protect their physical, moral,
spiritual, intellectual, and social well-being.
It shall inculcate in the youth patriotism and nationalism,
and encourage their involvement in public and civic affairs.
Family: A stable heterosexual relationship
Family Autonomy: The family is anterior to the State and
is not a creature of the State. It shall protect it.
Protection for the Unborn:
- It is not an assertion that the unborn is a legal
person.
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- When necessary to save the life of the mother, the
life of the unborn may be sacrificed.
- Protection starts from the time of the Conception -
To prevent the State from adopting Roe v. Wade
which liberalizes abortion
Roe v. Wade which allowed 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.
Education: Parents have the primary right to educate
their children. The state has the secondary role
Pierce v. Society of Sisters: The state may not require
children to only attend public schools. The fundamental
theory of liberty excludes any general power of the State to
standardize its children by forcing them to accept
instruction from public teachers only. The child is not a
mere creature of the state.
Wisconsin v. Yoder: The state may not require children to
continue schooling beyond a certain age against the claims
of parents that such will be harmful to their religious
beliefs. Only those interests of the state of the highest
order and those not otherwise served can overbalance the
primary interest of parents in the religious upbringing of
their children.
Note: As parens patriae, the State has the authority and the
duty to step in where parents fail to or are unable to cope
with their duties to their children.
Sec 14. The State recognizes the role of women in nation-
building, and shall ensure the fundamental equality before
the law of women and men.
Sec 15. The State shall protect and promote the right to
health of the people and instill health consciousness
among them.
Sec 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.
The Right to Ecology: This is an enforceable right.
Oposa v. Factoran: The right to a balanced and healthful
ecology is not less important than any of the civil and
political rights enumerated in the Bill of Rights. The right
to a balanced and healthful ecology carries with it an
intergenerational responsibility to care for and protect the
environment.
 The right is self-executory and does not need an
implementing legislation.
1987 Constitution | Atty. Jack Jimenez
Sec 17. The State shall give priority to education, science
and technology, arts, culture, and sports to foster
patriotism and nationalism, accelerate social progress, and
promote total human liberation and development.
Note: This does not mean that the government is not free
to balance the demands of education against other
competing & urgent demands
Sec 18. The State affirms labor as a primary social
economic force. It shall protect the rights of workers and
promote their welfare.
Primary Social Economic Force: The human factor has
primacy over the non human factors.
Sec 19. The State shall develop a self-reliant and
independent national economy effectively controlled by
Filipinos.
Note: This provision is a guide for interpreting provisions
on national economy and patrimony.
Sec 20. The State recognizes the indispensable role of the
private sector, encourages private enterprise, and provides
incentives to needed investments.
Sec 21. The State shall promote comprehensive rural
development and agrarian reform.
Comprehensive Rural Development: It includes not only
agrarian reform but also encompasses a broad spectrum of
social, economic, human, cultural, political and industrial
development
Sec 22. The State recognizes and promotes the rights of
indigenous cultural communities within the framework of
national unity and development.
Sec 23. The State shall encourage non-governmental,
community-based, or sectoral organizations that promote
the welfare of the nation.
Sec 24. The State recognizes the vital role of
communication and information in nation-building.
Sec 25. The State shall ensure the autonomy of local
governments.
Sec 26. The State shall guarantee equal access to
opportunities for public service and prohibit political
dynasties as may be defined by law.
Note: For equalization of political opportunities. This
provision is not self-executory.
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Pamatong v. Comelec: Not everyone has a right to be a

candidate for President. 1st, The provision does not contain
any judicially enforceable constitutional right but merely
specifies a guideline for legislative or executive action. 2 nd,
it is within the power of the state to the limit the number
of qualified candidates only to those who can afford to
wage a nationwide campaign and/or nominated by
political parties

Sec 27. The State shall maintain honesty and integrity in

the public service and take positive and effective measures
against graft and corruption.

Sec 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.

1987 Constitution | Atty. Jack Jimenez 6|P a t i ñ o , E r i c a

 POLITICAL LAW REVIEW | 4B | 2010
SEPARATION OF POWERS
- Result of the presidential system where 3 great
powers were allocated to the government:
(1) Legislative – business of passing laws;
(2) Executive – implementation of the laws;
(3) Judicial – settlement of legal controversies.
- Each is prevented from invading the domain of others
- Separation is NOT total: Allows for “checks and
balances” – The net effect being that no one
department is able to act w/o the cooperation of the
other
- Purpose: To prevent concentration of powers in one
department. It is adopted not to promote efficiency
but to preclude the exercise of arbitrary power.
ARTICLE VI
THE LEGISLATIVE DEPARTMENT
Sec 1. The legislative power shall be vested in the:
- Congress of the Philippines which shall consist of
a Senate and a House of Representatives,
- EXCEPT to the extent reserved to the people by
the provision on initiative and referendum.
The Congress: A Bicameral Body Consisting of:
1. Senate
2. House of Representatives
Advantages of:
UNICAMERALISM BICAMERALISM
Simplicity of 1. An upper house is a body that
organization resulting looks at problems from the
in economy and national perspective (a check
efficiency, facility in on the parochial tendency)
pinpointing 2. Allows a more careful study of
responsibility for legislation
legislation, avoidance of 3. Less vulnerable to attempts of
duplication, and the executive to control the
strengthening of the legislature
legislature in relation to 4. Serves as a training ground
the executive for national leaders
LEGISLATIVE POWER, defined: Authority to make laws
and to alter or repeal them.
- A Delegated Power: It is vested by the Constitution
in Congress, hence, a power delegated by the people.
- Plenary: Congress can legislate on any subject
matter not prohibited by the Constitution.
CLASSIFICATION OF LEGISLATIVE POWER:
1. Original - Possessed by the people in their sovereign
capacity, exercised through initiative and referendum.
2. Derivative – Delegated by the people to legislative
bodies (ex. Congress). Subordinate to original power
3. Constituent - The power to amend or revise the
Constitution
4. Ordinary - The power to pass ordinary laws
1987 Constitution | Atty. Jack Jimenez
LIMITS ON LEGISLATIVE POWER
1. Substantive – on the content of the law itself (Ex.
Must not infringe bill of rights)
2. Formal or Procedural – rules governing the
manner of passing bills and their forms
Note: Law passed must NOT be Irrepealable – The
power of legislature must remain plenary.
- Ratio: Because it is an attempt to limit the power
of future legislatures. Such power can be limited
ONLY by the Constitution.
Note: You cannot have legislation by inaction. There must
be a positive action
DELEGATION OF RULE MAKING POWER
- GR: Congress cannot delegate its legislative power
under the maxim delegate potestas non potest
delegari (delegated power may not be delegated).
– based from the principle of agency.
- EXCEPTIONS:
1. By immemorial practice to LOCAL GOVERNMENT on
local matters which they are familiar (Rubi v.
Provincial Board)
2. Delegation to ADMINISTRATIVE BODIES
3. Congress may delegate TARIFF POWERS to the
President - To fix tariff rates, import and export
quotas, tonnage and wharfage dues and other duties
and imposts (Art 6 Sec 28(2), 1987 Consti)
4. EMERGENCY POWERS delegated by Congress to the
President in times of war and other national
emergency when necessary and proper to carry out a
declared national policy (Art 6 Sec 23(2), 1987 Consti)
Sol Gen v. MMA: The scope of delegated power is only as
far as Congress allows it. It may not violate a statute.
NOTE: In delegating powers to Administrative Agencies,
what is delegated is NOT the power to legislate but merely
RULE MAKING POWER or LAW EXECUTION. This involves
either of two tasks for the administrative agencies:
1. FILLING UP ON THE DETAILS of an otherwise
complete statute; or
2. ASCERTAINING THE FACT or ascertaining the
existence of facts and events which Congress
considers necessary to bring the law into actual
operation.
Ceby Oxygen & Acetylene v. Sec Drilon: Administrative
regulations adopted under legislative authority must be in
harmony with the provisions of the law, and should be for
the sole purpose of carrying into effect its general
provisions. The law itself cannot be expanded by such
regulations. An admin agency cannot amend an act of
congress
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Requirements for Delegated Powers to be Valid:
1. It must be COMPLETE IN ITSELF - There must be a
policy to be implemented (completeness test)
2. There must be a FIXED STANDARD – There must be
limits and guidelines which are sufficiently
determinate or determinable to which the delegate
must conform. (Purpose: To determine w/n the officer
is acting w/in authority)
Language of the Standard need NOT be in Precise
Declaratory Language.
- It can be drawn from the declared policy of the
law and from the totality of the delegating statute.
- Chiongbian v. Orbos: Delegation may be express
of implied. It may be implied from the purpose of
the law taken as a whole. The standard may be
even be embodied in other statutes on the same
subject as that of the challenged law
Abakada v . Executive Secretary: Contingent Legislation,
where the effectivity of the law is made dependent on the
verification by the executive of the existence of certain
conditions is a valid delegation of law execution.
Requirements for Administrative Agencies to Make
Violation of their Rules Punishable as a PENAL
OFFENSE
1. The violation be made a crime by the delegating
statute itself
2. That the penalty or the range of penalties be
provided by the statute itself
3. That the regulation be published
“INITIATIVE and REFERENDUM” - Legislative Power of
the People
- Definition: It is the power of the people directly
to propose and enact laws or approve or reject
any act or law or part thereof passed by the
Congress or the local legislative body
- Purpose: To institutionalize the “people power”
- Art 6 Sec 32 elaborates on this.
- Implementing Law - RA 6735: An Act Providing
for a System of Initiative and Referendum and
Appropriating funds thereof”
Sec 2. The Senate shall be composed of 24 Senators who
shall be elected at large by the qualified voters of the
Philippines, as may be provided by law.
Sec 3. No person shall be a Senator UNLESS:
1. He is a natural-born citizen of the Philippines and,
2. On the day of the election, is at least 35 yrs of age,
3. Able to read and write,
4. A registered voter, and
5. A resident of the Philippines for not less than 2
years immediately preceding the day of the election.
1987 Constitution | Atty. Jack Jimenez
Note: Qualifications may NEITHER be added to nor
subtracted from by Congress
Note: “On the day of the election” = the day votes are cast
Sec 4. The TERM of office of the Senators shall be 6 years
and shall commence, unless otherwise provided by law:
- at noon on the 30th day of June next following their
election.
No Senator shall serve:
- for more than 2 consecutive terms.
Voluntary renunciation of the office for any length of
time:
- shall NOT be considered as an interruption in the
continuity of his service for the full term of which
he was elected.
Note: Senators may serve more then 2 terms provided they
are NOT consecutive
Note: Due to the staggering system of election provided in
the transitory provision of the Constitution – only 12
senators are elected so that 12 veterans always remain
Sec 5.
(1) The House of Representatives shall be composed of:
- not more than 250 members, unless otherwise
fixed by law,
who shall be elected:
- from legislative districts apportioned among the
provinces, cities, and the Metropolitan Manila area
o in accordance with the number of their
respective inhabitants, and
o on the basis of a uniform and progressive
ratio, and
- those who, as provided by law, shall be elected
through a party-list system of registered national,
regional, and sectoral parties or organizations.
(2) The party-list representatives shall constitute:
- 20% of the total number of representatives
including those under the party list.
For 3 consecutive terms after the ratification of this
Constitution, one-half of the seats allocated to party-list
representatives shall be filled, as provided by law, by
selection or election FROM:
- the labor, peasant, urban poor, indigenous cultural
communities, women, youth, and such other
sectors as may be provided by law,
- EXCEPT the religious sector.
(3) Each legislative district shall comprise, as far as
practicable, contiguous, compact, and adjacent territory. –
- Each city with a population of at least 250k, or
each province, shall have at least 1 representative.
(4) Within 3 years following the return of every census, the
Congress shall make a reapportionment of legislative
districts based on the standards provided in this section.
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Classification of the House of Representatives
1. DISTRICT REPRESENTATIVES:
a. Elected from legislative districts that are
APPORTIONED in accordance with the number of
inhabitants in each area and on the basis of a
UNIFORM AND PROGRESSIVE RATIO.
b. Each district shall comprise, as far as practicable,
CONTIGUOUS, COMPACT and ADJACENT
TERRITORY.
c. Each city with at least 250,000 inhabitants will be
entitled to at least 1 representative while 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.
Apportionment, defined: division of the country into
districts on the basis of a uniform and progressive ration.
The underlying principle used is the concept of equality. –
one man’s vote should carry as much weight as the vote of
every other man.
Gerrymandering, defined: The creation of representative
districts out of separate portions of territory in order to
favor a candidate. It is PROHIBITED. Each district should
comprise as far as practicable, contiguous, compact and
adjacent territory.
Tobias v. Abalos: When one of the municipalities of a
congressional district is converted into a city large enough
to entitle it to one legislative district. The incidental arising
of a new district need not be preceded by a census.
Montejo v. Comelec: Comelec has no authority to correct
an imbalance caused by an increase of number of
legislative districts. It cannot transfer municipalities from
one district to another. The imbalance must await the
enactment of a reapportionment law.
Ocampo v. HRET: The candidate who received the 2nd
highest # of votes CANNOT assume office in the event the
1st is disqualified. It still remains that such person did not
receive the mandate of the majority. To proclaim him
would be an anathema to republicanism and democracy.
2. PARTY-LIST REPRESENTATIVES: Represent the
various disadvantaged sectors of society (labor,
peasant, urban poor, indigenous cultural communities,
women, youth). Congress may delegate other sectors
provided it is not the religious sector.
a. Constitute 20% of the total no. of representatives
(the total includes the party-list representatives)
b. RA 7941, the Party-List System Act of 1995 –
Current party list law which declared a policy to
promote “proportional representation”.
Note: Registered party-lists/organizations shall submit to
Comelec a list of not less than 5 nominees in order of
1987 Constitution | Atty. Jack Jimenez
priority. Such parties are voted at large and the # of seats a
party will get will depend on the # of votes garnered
nationwide.
Veterans Federation Party v. Comelec: The 20%
prescription of the Constitution was merely a maximum
limit to the number of party list representatives but the
maximum need NOT be filled.
Ang Bagong Bayani et al. v. Comelec: NOT all associations
are allowed to participate in the party list system.
Participation is limited to the “marginalized and
underprivileged”. Even political parties must comply
with this qualitative requirement. Such is meant to
promote social justice. The following guidelines shall be
followed by Comelec:
1. The parties must represent the marginalized and
underprivileged
2. The religious sector may not be represented
3. The party or organization must not be an adjunct of
or a project organized or an entity funded/assisted
by the government
4. Its nominees must likewise comply with the
requirements of the law
5. The nominee must likewise be able to contribute to
the formulation and enactments of legislation that
will benefit the nation.
QUALIFICATIONS OF PARTY LIST REPRESENTATIVES:
1. Natural born citizen of the RP;
2. Registered voter;
3. Resident of the RP for a period of not less than 1
year immediately preceding the day of the election;
4. At least 25 years of age on the day of the election
(NB: Youth sector nominee must be at least 25 years
but not more than 30 years old on day of election)
5. Able to read and write
6. A bona fide member of the party or organization he
seeks to represent for at least 90 days before the day
of the election. (Sec 9, RA 7941)
PARTIES DISQUALIFIED IN THE PARTY LIST SYSTEM
1. It is a religious sector or denomination
2. It advocates violence or unlawful means to seek its
goal
3. It is a foreign party or organization
4. It receives support from any foreign government or
political party
5. It violates or fails to comply with laws, rules or
regulations relating to election
6. It declares untruthful statements in its petition
7. Ceased to exist for at least 1 year; or
8. Fails to participate in the last 2 preceding elections
or, fails to obtain at least 2% of the votes cast under
the party-list system in the 2 preceding elections for
the constituency in which it has registered. (Sec 6,
RA 7941)
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Note: Religious leaders may be elected as sectoral

representatives. The prohibition only refers to religious
sectors.
Banat v. Comelec: July 8, 2009 (Resolution) - summarized
the four parameters in a Philippine-style party-list
election, thus:
1. 20% of the total number of the membership of the
House of Representatives is the maximum number of
seats available to party-list organizations, such that
there is automatically one party-list seat for every four
existing legislative districts.
To acquire a new domicile there must be:
1. Bodily presence
2. Intention to remain for an indefinite period of
time (animus manendi)
3. Bona fide intention to abandon the old domicile
and not to return (animus non revertendi)
Note: “Residence” is not necessarily lost even through
prolonged absence. Domicile, once established is
considered to continue and will not be deemed to be lost
until a new one is established.

Note: Actual and physical presence is NOT sufficient. It

must be coupled with conduct indicative of the intention to
abandon one’s former residence.

2. Garnering 2% of the total votes cast in the party-list Domino v. Comelec: Lack of intention to abandon his
elections guarantees a party-list 1 seat. The residence is further strengthened by his act of registering
guaranteed seats shall be distributed in a FIRST as a voter of such place.
ROUND of seat allocation to parties receiving at least
2% of the total party-list votes. DISTINCTIONS:
3. The additional seats, after the guaranteed seats, shall SENATOR REPRESENTATIVE
be distributed to the party-list orgs including those 24 Senators Not more than 250
that received less than 2% of the total votes. The representatives unless
additional seats shall be distributed to the parties in a otherwise fixed by law
SECOND ROUND of seat allocation according to the At least 35 on the day of At least 25 on the day of
two-step procedure laid down in the Decision of 21 the election the election
April 2009 as clarified in this Resolution. Registered voter Registered voter in the
district in which he shall
Note: The continued operation of the 2% threshold as it be elected (except party-
applies to the allocation of the additional seats is now list representatives)
unconstitutional because it mathematically and physically Resident of the RP for at Resident of the said
prevents the filling up of the available party-list seats. least 2 years immediately district for at least 1 year
preceding the election immediately preceding
4. No winning party can have more then 3 seats. The election (except party-list
3-seat cap is constitutional. The 3-seat cap is intended representative)
by the Legislature to prevent any party from Term of 6 yrs. Term of 3 yrs.
dominating the party-list system. There is no violation Term limit: no more than Term limit: no more than
since the Constitution does not require absolute 2 consecutive terms 3 consecutive terms
proportionality for the party-list system. Courts will BOTH: Able to read and write and be a natural born
not question the wisdom of the Legislature as long as citizen of the RP
it is not violative of the Constitution.
NOTE: The qualifications of both Senators and Members of
the House are LIMITED to those provided by the
Sec 6. No person shall be a Member of the House of Constitution. Congress cannot, by law, add or subtract
Representatives unless he is: from these qualifications.
1. A natural-born citizen of the Philippines and,
2. on the day of the election, is at least 25 years of age, Maquera v. Borra: A law requiring a candidate to post a
3. able to read and write, and, bond equivalent to one year’s pay is considered a property
4. Except the party-list representatives, a registered qualification which is contrary to the social justice
voter in the district in which he shall be elected, and provision of the Constitution. It is also an attempt to add a
5. A resident thereof for a period of not less than 1 year qualification found in Sec 6 which is also prohibited.
immediately preceding the day of the election.

Residence Requirement: What is meant is DOMICILE or

PERMANENT residence.

1987 Constitution | Atty. Jack Jimenez 10 | P a t i ñ o , E r i c a

 POLITICAL LAW REVIEW | 4B | 2010
Sec 7. The Members of the House of Representatives
shall be elected for a TERM of 3 years:
- which shall begin, unless otherwise provided by
law, at noon on the 30th day of June next following
their election.
No Member of the House of Representatives shall serve:
- for more than 3 consecutive terms.
Voluntary renunciation of the 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.
Fariñas v. Executive Secretary: An elective official is NOT
anymore considered ipso facto resigned upon filing of his
COC. Such rule is no longer in effect having been repealed
by the Fair Election Law.
TERM TENURE
The period during which The period during which
the elected officer is legally such officer actually
authorized to assume his holds his position
office and exercise the
powers thereof
CANNOT be reduced MAY be limited (by law)
WAYS BY WHICH TENURE OF MEMBERS OF CONGRESS
MAY BE SHORTENED
1. FORFEITURE of his seat by holding any other office or
employment in the government or any subdivision,
agency, or instrumentality thereof, including goccs or
subsidiaries (Art VI, Sec 13);
2. VOLUNTARY RENUNCIATION of office (Art VI, Sec 7,
par. 2)
3. EXPULSION as a disciplinary action for disorderly
behavior (Art VI, Sec 16[3]);
4. DISQUALIFICATION as determined by resolution of
the electoral tribunal in an election contest (Art VI, Sec
17);
Note: A member of the house of reps may serve more than
3 terms provided it is not consecutive.
Note: If one is elected as a representative to serve the
unexpired term of another, that unexpired term, no matter
how short will be considered as one term for purposes of
computing the number of successive terms allowed. (NB:
Rule is different for local officials which requires 3 FULL
terms)
Note: Involuntary severance from office for any length of
time short of the full term is considered an interruption.
(Only Applicable for Local Officials) Roberto Dizon vs.
COMELEC, Jan 2009
Sec 8. UNLESS otherwise provided by law, the regular
election of the Senators and the Members of the House of
Representatives shall be held on the 2nd Monday of May.
1987 Constitution | Atty. Jack Jimenez
Sec 9. In case of vacancy in the Senate or in the House of
Representatives:
- a special election may be called to fill such
vacancy in the manner prescribed by law,
- but the Senator or Member of the House of
Representatives thus elected shall serve only for
the unexpired term.
Note: The filling of vacancies is NOT mandatory. The
matter is left to the discretion of Congress.
SPECIAL ELECTION (SE) (R.A. 6645)
1. Special election will be called if vacancy occurs:
a. At least 18 months BEFORE the next regular
election for the members of the Senate;
b. At least 1 year BEFORE the next regular election
for members of Congress
2. The particular House of Congress where vacancy
occurs must pass either a RESOLUTION if Congress is
in session, or the Senate President or the Speaker must
SIGN A CERTIFICATION, if Congress is not in session,
a. Declaring the existence of vacancy
b. Calling for a special election to be held within 45
to 90 days from the date of the resolution or
certification
3. The Senator or representative elected shall serve only
for the UNEXPIRED TERM.
Tolentino v. Comelec: In a SE to fill a vacancy, the rule is
that a statute that expressly provides that an election to fill
a vacancy should be held at the next general elections fixes
the date at which the SE is to be held and operates as the
call for that election. Such law also charges the votes with
the knowledge of the time and place of election.
Sec 10. The salaries of Senators and Members of the
House of Representatives shall be determined by law.
- No increase in said compensation shall take
effect UNTIL AFTER the expiration of the full term
of ALL the Members of the Senate and the House
of Representatives approving such increase.
Note: Even a representative elected through special
election cannot receive the increase in salary since he is
considered as serving the term of the representative who
approved it.
Reason for Delay: Bar the natural temptation to increase
one’s salaries.
Note: Emoluments and allowances do not form part of the
salary and such may take effect immediately. The only
limit to the amount involved being moral standards.
“ALL the members”: Even if a senator finished his
remaining 3 year term, he must await for the other
senators who approved the increase to finish their 6 year
term. Also you look at the TERM and not tenure.
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Sec 11. A Senator or Member of the House of
Representatives shall:
- in all offenses punishable by not more than 6
years imprisonment, be privileged from arrest
- while the Congress is in session.
No Member shall be questioned nor be held liable:
- in any other place for any speech or debate in the
Congress or in any committee thereof.
Two Special Privileges of Congress:
1. Freedom of Speech;
2. Freedom from Arrest
FREEDOM FROM ARREST
- Enjoyed ONLY when congress is in session (regular or
special)
- BUT it may be invoked even if such members are not
attending the session
- It is not available when congress is in recess since the
purpose is to protect the legislator against harassment
which will keep him away from legislative sessions.
- The immunity does not extend to the prosecution of
criminal offenses.
FREEDOM OF SPEECH
Osmeña Jr. v. Pendatum: PURPOSE of parliamentary
privilege of speech – To enable and encourage a
representative of the public to discharge his public trust
with firmness and success
Note: Immunity is NOT protection against disciplinary
action by congress BUT it is an absolute protection against
suits for libel.
Jimenez v. Cabangbang: To come under this guarantee,
the “speech or debate” must be one made in the Congress
or in any committee thereof. This requirement, however,
does not refer to the place of the “speech or debate” was
made but to its CONTENT.
- The utterance must be in the performance of their
official functions.
- It therefore does not cover libelous statements which
have nothing to do with the legislative process.
- What is essential is that it const itutes LEGISLATIVE
ACTION
Gravel v. U.S.: The privilege extends to agents of
assemblymen provided that the “agency” consists precisely
in assisting the legislator in the performance of legislative
action.
Sec 12. All Members of the Senate and the House of
Representatives shall, upon assumption of office:
- make a full disclosure of their financial and
business 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.
1987 Constitution | Atty. Jack Jimenez
Sec 13. No Senator or Member of the House of
Representatives:
- may hold any other office or employment in the Gov’t,
or any subdivision, agency, or instrumentality
thereof, including goccs or their subsidiaries, during
his term without forfeiting his seat.
- Neither shall he be appointed to any office which may
have been created or the emoluments thereof
increased during the term for which he was elected.
Note: A member of Congress may resign in order to accept
an appointment in the gov’t before the expiration of his
term provided he did not create or increase the
emoluments of such office.
Sec 14. No Senator or Member of the House of
Representatives may:
- Personally appear as counsel before any court of
justice or before the Electoral Tribunals, or quasi-
judicial and other administrative bodies.
- Neither shall he, directly or indirectly, be interested
financially in any contract with, or in any franchise or
special privilege granted by the Gov’t, or any
subdivision, agency, or instrumentality thereof,
including any gocc, or its subsidiary, during his term of
office.
- He shall not intervene in any matter before any office
of the Gov’t:
o for his pecuniary benefit or
o where he may be called upon to act on account
of his office.
Puyat v. De Guzman: The prohibition applies even if a
congressman only owns nominal amount of shares in a
corporation which is party to a suit before the SEC. That
which the constitution directly prohibits may not be done
by indirection or by a general legislative act.
Note: The prohibition is PERSONAL. It does not apply to
the law firm of lawyer-congressmen, which they may be
members.
Sec 15. The Congress shall convene:
- once every year on the 4th Monday of July for its
regular session,
o UNLESS a different date is fixed by law, and
- shall continue to be in session for such number of days
as it may determine
o UNTIL 30 days before the opening of its next
regular session,
EXCLUSIVE of Saturdays, Sundays, and legal holidays.
The President may call a special session at any time.
Note: Special session is one called by the President while
legislature is in recess. It has no fixed limit.
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Sec 16.
(1). The Senate shall elect its President and the House of
Representatives, its Speaker:
- by a majority vote of all its respective Members.
Each House shall choose such other officers as it may deem
necessary.
(2) A majority of each House shall constitute a quorum to
do business:
- but a smaller number may adjourn from day to day &
- may compel the attendance of absent Members in such
manner, and under such penalties, as such House may
provide.
(3) Each House may;
- determine the rules of its proceedings,
- punish its Members for disorderly behavior, and,
- with the concurrence of 2/3 of all its Members,
suspend or expel a Member.
A penalty of suspension, when imposed: shall NOT exceed
60 days.
(4) Each House shall keep a JOURNAL of its proceedings,
- and from time to time publish the same, EXCEPT such
parts as may, in its judgment, affect national security;&
- the yeas and nays on any question shall, at the request
of 1/5 of the Members present, be entered in the
Journal.
Each House shall also keep a RECORD of its proceedings.
(5) Neither House during the sessions of the Congress
shall, without the consent of the other, ADJOURN:
- for more than 3 days,
- nor to any other place than that in which the two
Houses shall be sitting.
Officers of Congress: (1) Senate President; (2) Speaker of
the House; (3) Such other officers as they may deem
necessary
Note: The method of choosing who will be the other
officers must be prescribed by Congress itself.
Santiago v. Guingona: INTERNAL RULES - As part of their
inherent power, each House may determine its own rules.
Hence, the COURTS CANNOT INTERVENE in the
implementation of these rules insofar as they affect the
members of Congress. However, it is well within the power
and jurisdiction of the court to intervene whether
Congress committed a violation of the Constitution or
gravely abused their discretion in the exercise of their
functions and prerogatives.
US v. Smith: When the legislative rule affects private
rights, the courts cannot altogether be excluded.
1987 Constitution | Atty. Jack Jimenez
QUORUM: The number of members required to be present
before a body can do business. It is based on the
proportion between those physically present and the total
membership of the body.
Note: In computing a quorum, members who are outside
the country and thus outside of each House’s coercive
jurisdiction are not included.
Osmeña v. Pendatum: Congress is the sole judge of what
disorderly behavior is.
DUAL PURPOSE of the Duty to Keep a JOURNAL:
1. To insure publicity to the proceedings of the
legislature, and a correspondent responsibility of the
members to their respective constituents
2. To provide proof of what actually transpired in the
legislature.
Duty to Keep a Journal: Application of Section 7 of the Bill
of Rights recognizing the right of the people to information
on matters of public concern.
Matters that may be kept out of the Journal: ONLY
matters as may in the judgment of Congress affect
NATIONAL SECURITY
Evidentiary Value of Journals
GR: The Journal is conclusive upon the courts.
EXC: An enrolled bill prevails over the contents of the
Journal.
Casco Philippine Chemical Co v. Gimenez: Enrolled Bill:
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.
Arroyo v. De Venecia: Enrolled Bill Doctrine– The
signing of a bill by the Speaker of the House and the
President of the Senate and its certification by the
secretaries of both Houses of Congress that such bill was
passed are conclusive of its due enactment.
Astorga v. Villegas: The enrolled bill theory is based
mainly on the respect due to a coequal department. When
such department repudiates the enrolled bill as when the
presiding officer repudiates his signature, then the journal
must be accepted as conclusive. Here the enrolled bill
ceases to have probative value.
Enrolled Bill v. Provision in the Journal which is
Required by the Consti to be Entered: This matter is left
by the SC as an open question
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ENROLLED BILL JOURNAL RECORD Contests Relating to “QUALIFICATIONS”: This cannot be

Official copy of Abbreviated Word for word read as qualified by the term “constitutional”. Hence, not
approved Account of daily transcript of only contests on constitutional requirements may be
legislation, With proceedings in deliberations in under the jurisdiction of the Tribunal. When the law does
certifications of Congress Congress not distinguish, the courts should not distinguish as well.
presiding officers
Submitted to the Provides proof Provides detailed ISSUES REGARDING ELECTORAL TRIBUNALS - Since the
President for of what proof of what Electoral Tribunals are independent constitutional
signature, transpired transpired during bodies:
indicating during deliberations 1. Neither Congress nor the Courts may interfere with
approval deliberations procedural matters relating to the functions of the
Insures Supports the Electoral Tribunals.
publicity of journal entry 2. Its members may not be arbitrarily removed from
legislative their positions in the tribunal by the parties that they
proceedings represent. Neither may they be removed for not
voting according to party lines, since they are acting
Sec 17. The Senate and the House of Representatives shall independently of Congress.
each have an ELECTORAL TRIBUNAL which shall be: 3. The mere fact that the members of either the Senate or
- the sole judge of all contests relating to the election, the House sitting on the Electoral Tribunal are
returns, and qualifications of their respective themselves the ones sought to be disqualified (due to
Members. the filing of an election contest against them) does not
Each Electoral Tribunal shall be composed of 9 Members: warrant the disqualification of all the members of the
- 3 of whom shall be Justices of the SC to be designated Electoral Tribunal.
by the Chief Justice, and 4. Judicial review of decisions of the Electoral Tribunals
- the remaining 6 shall be Members of the Senate or the may be had with the SC only on the ground of grave
House of Representatives, as the case may be, abuse of discretion, the decision or resolution having
o who shall be chosen on the basis of been rendered without or in excess of jurisdiction.
proportional representation from the
political parties and the parties or Sec 18. There shall be a Commission on Appointments
organizations registered under the party-list consisting of:
system represented therein. - The President of the Senate, as ex officio Chairman,
The senior Justice in the Electoral Tribunal shall be its - 12 Senators, and
Chairman. - 12 Members of the House of Representatives,
elected by each House on the basis of proportional
Point of Determination: PROCLAMATION. representation from the political parties and parties or
- Before Proclamation: Comelec organizations registered under the party-list system
- After Proclamation: Electoral Tribunal (ET) represented therein.
There must be an election contest for the ET to have The chairman of the Commission shall not vote, EXC in
jurisdiction. Here, the ET’s rules and regulations shall also case of a tie.
be used instead of Comelec’s. The Commission shall act on all appointments:
- submitted to it within 30 session days of the
Note: The tribunals are constituted within 30 days after Congress from their submission.
the election of the Senate President and Speaker of the The Commission shall rule by a majority vote of all the
House. Members.

Aggabao v. Comelec: Once a winning candidate has been
proclaimed, taken his oath and assumed office as a
member of Congress, Comelec’s jurisdiction ends.
Bondoc v. Pineda: Political parties may not manipulate the
decision of the Tribunal by manipulating its membership
(proportional representation). It is a clear impairment of
the Tribunal’s prerogative to be the sole judge of election
contests.
Note: Questions regarding the validity of the proclamation
shall also be covered by the jurisdiction of the Tribunals.
Sec 19. The Electoral Tribunals and the Commission on
Appointments shall:
- be constituted within 30 days after the Senate and the
House of Representatives shall have been organized
with the election of the President and the Speaker.
The Commission on Appointments shall:
- meet ONLY while the Congress is in session, at the call
of its Chairman or a majority of all its Members, to
discharge such powers and functions as are herein
conferred upon it.
Functions of the COA: It acts as a legislative check on the
appointing authority of the President.

1987 Constitution | Atty. Jack Jimenez 14 | P a t i ñ o , E r i c a

 POLITICAL LAW REVIEW | 4B | 2010
Daza v. Singson: The sense of the Constitution is that the
membership in the COA must always reflect political
alignments in Congress and must therefore adjust to
changes. It is understood that such changes in party
affiliation must be permanent and not merely temporary
alliances.
Coseteng v. Mitra: In order for the endorsement of the
members of congress to be counted in favor of another
member, they must all come from the same party.
Guingona v. Gonzales: The formation of the COA should
be based on proportional representation. Rounding up the
proportions would be unconstitutional since it would
deprive the other parties of representation. There should
be no rounding up even if the total members would only be
11. The full complement of 12 is not mandatory.
Jurisdiction - Commission on Appointments shall
CONFIRM the appointments by the President with respect
to the following positions:
1. HEADS of the Executive Departments (except if it is
the Vice-President who is appointed to the post).
2. AMBASSADORS, other PUBLIC MINISTERS or
CONSULS
3. OFFICERS OF THE AFP from the rank of Colonel or
Naval Captain; and
4. Other officers whose appointments are vested in him
by the Constitution (e.g. COMELEC members)
Limitations:
1. 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 COA.
2. Appointments extended by the President to the
enumerated positions while Congress is not in session
shall only be effective until DISAPPROVAL by the CA,
or until the NEXT ADJOURNMENT of Congress.
3. Since the Commission on Appointments is an
independent constitutional body, its rules of
procedure are outside the scope of congressional
powers as well as that of the judiciary.
Sec 20. The records and books of accounts of the Congress:
- shall be preserved and be open to the public in
accordance with law, and such books
- shall be audited by the Commission on Audit which
shall publish annually an itemized list of amounts paid
to and expenses incurred for each Member.
Sec 21. The Senate OR the House of Representatives OR any
of its respective committees may:
- conduct inquiries in aid of legislation in accordance
with its duly published rules of procedure.
The rights of persons appearing in, or affected by, such
inquiries shall be respected.
1987 Constitution | Atty. Jack Jimenez
Arnault v. Nazareno:
- Purpose of Legislative Investigation: The power of
inquiry is an essential and appropriate auxiliary to the
legislative function. A legislative body cannot legislate
wisely or effectively in the absence of information
respecting the conditions which the legislation is
intended to affect of change.
- The power of investigation necessarily includes the
power to punish a contumacious witness for contempt
- No person can be punished for contumacy as a witness
UNLESS his testimony is required in a matter into
which the legislature or any of its committee has
jurisdiction to inquire.
- The requirement that the investigation be in aid of
legislation is essential element for establishing the
jurisdiction of the legislative body
- It is not necessary that every question be material to
the proposed legislation. The materiality of the
question must be determined by its direct relation to
the subject of inquiry.
Enforcement - Congress or local government units if they
are expressly authorized to do so, has the inherent power
to punish recalcitrant witnesses for CONTEMPT, and may
have them INCARCERATED until such time that they agree
to testify.
Limitations:
1. The inquiry must be IN AID OF LEGISLATION.
2. The inquiry must be conducted in accordance with the
‘duly published rules of procedure’ of the House
conducting the inquiry; and
3. The rights of persons appearing in or affected by such
inquiries shall be respected.
E.g. The right against self-incrimination
Note: The legislature’s power to commit a witness for
contempt terminates when the legislative body ceases to
exist upon its final adjournment.
Note: The inherent power of Congress to punish for
contempt cannot be applied to local legislative bodies. It is
an inherent power only of Congress as a matter of self-
preservation of one of the 3 independent branches of gov’t.
Sec 22. The heads of departments may:
- UPON their own initiative, with the consent of the
President, or
- UPON the request of either House, as the rules of each
House shall provide,
appear before and be heard by such House on any matter
pertaining to their departments.
Written questions shall be submitted:
- to the President of the Senate or the Speaker of the
House of Representatives
- at least 3 days before their scheduled appearance.
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Interpellations shall not be limited to written questions, Sec 23.

but may cover matters related thereto. (1) The Congress by a vote of 2/3 of BOTH Houses in
JOINT session assembled, voting separately,
When the security of the State OR the public interest so - shall have the SOLE POWER to declare the
requires AND the President so states in writing: existence of a state of war.
- the appearance shall be conducted in EXECUTIVE (2) In times of war or other national emergency the
SESSION. Congress may, by law, authorize the President:
- for a limited period and subject to such
Purpose: Formalizes the OVERSIGHT FUNCTION of restrictions as it may prescribe,
Congress. - to exercise powers necessary and proper to
carry out a declared national policy.
Sec 22 does NOT provide for a QUESTION HOUR – Such UNLESS sooner withdrawn by resolution of the Congress,
is only proper to a parliamentary system where there is no such powers shall cease upon the next adjournment
separation between the legislative ad executive thereof.
department.
- Sec 22 has made the appearance of department heads Par 1: Power to Declare the Existence of a State of War
VOLUNTARY. is NOT the Power to MAKE War
- Department heads (members of the Executive - Congress has the power to declare the existence of a
Department) cannot be compelled to appear before state of war and to enact all measures to support the
Congress. Neither may department heads impose their war
appearance upon Congress. This is in line with the - HOWEVER, the power to make war is lodged in the
principle of separation of powers. EXECUTIVE who holds the SWORD OF WAR
- Even when department heads appear, they may (President)
withhold matters of executive privilege. - When necessary the power to make war may be
exercised even in the absence of a declaration of a
OVERSIGHT LEGISLATIVE state of war.
FUNCTION INVESTIGATION
(Sec. 22) (Sec. 21) Par 2: Delegation of Emergency Powers
Who may Only department Any person - Exception to the rule on non-delegability of legislative
appear heads powers
Who conducts Entire body of Entire body or its - Powers Delegated: Only those powers necessary and
the congress respective proper to carry out a declared national policy.
investigation committees - Powers may include the power to rule by executive
Subject Matters related to Any matter in aid fiat
matter the department of legislation - Congress may withdraw such delegated powers even
only w/o presidential approval.

EXECUTIVE PRIVILEGE The authority granted the President expires (1) by

Senate v. Ermita: When congress exercises its power of
inquiry, the only way for department heads to exempt
themselves therefrom is by a valid claim of privilege. They
are not exempt by the mere fact that they are department
heads. Only one executive official may be exempted from
this power - the President.
Elements of Presidential Communication Privilege
1. The protected communication must relate to a
quintessential and non-delegable presidential power
2. The communication must be authored or “solicited
and received” by a close advisor of the President
himself. The judicial test is that an advisor must be in
“operational proximity” with the President.
3. The presidential communications privilege remains a
qualified privilege that may be overcome by a showing
of adequate need.
(Used in Neri v. Senate)
resolution of Congress, or (2) upon the next adjournment
of Congress.
Sec 24. All appropriation, revenue or tariff bills, bills
authorizing increase of the public debt, bills of local
application, and private bills, shall:
- originate exclusively in the House of Representatives,
- BUT the Senate may propose or concur with
amendments.
Tolentino v. Secretary of Finance: “ORIGINATING IN THE
HOUSE OF REPRESENTATIVE” means that the House alone
can INITIATE the passage of a revenue bill, such that if the
House does not initiate, no revenue bill will be passed. BUT
once the House has approved a revenue bill and passed it
on to the Senate, the Senate can completely overhaul it, by
amendment of parts or by amendment by substitution, and
come out with one completely different from what the
House approved.

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Note: It is the “bill” which must exclusively originate from
the House; but the “law” which is the product of the total
bicameral legislative process originates BOTH from the
House and the Senate.
RATIONALE Why Revenue Bills Should Originate from
the House: The district representatives are closed to the
pulse of the people than the senators and are therefore in a
better position to determined both the extent of the legal
burden they are capable of bearing and the benefits that
they need.
Definitions
APPROPRIATION BILL: One whose purpose is to set aside
a sum of money for public use.
- Note: A bill creating a new office, and appropriating
funds for it is NOT an appropriation bill.
REVENUE BILLS OR TARIFF BILLS: One specifically
designed to raise money or revenue through imposition or
levy. (Ex. Registration fees used for the construction and
maintenance of highways.)
- Note: The law imposing a tax on video rentals does
NOT make the law a revenue bill because the purpose
is primarily regulation, and not to raise revenue.
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.
PRIVATE BILLS: Those which affect private persons (ex.
Bill granting citizenship for a specific person)
Sec 25.
(1) The Congress may NOT increase the appropriations
recommended by the President for the operation of the
Gov’t as specified in the budget.
- The form, content, and manner of preparation of
the budget shall be prescribed by law.
(2) No provision or enactment shall be embraced in the
general appropriations bill:
- UNLESS it relates specifically to some particular
appropriation therein.
Any such provision or enactment shall be limited in its
operation to the appropriation to which it relates.
(3) The procedure in approving appropriations for the
Congress shall strictly follow the procedure for approving
appropriations for other departments and agencies.
(4) A special appropriations bill:
- shall specify the purpose for which it is intended,
and
- shall be supported by funds actually available as
certified by the National Treasurer, or to be raised
by a corresponding revenue proposal therein.
1987 Constitution | Atty. Jack Jimenez
(5) NO law shall be passed authorizing any transfer of
appropriations; HOWEVER,
- the President, the President of the Senate, the Speaker
of the House of Representatives, the Chief Justice of
the SC, and the heads of Constitutional Commissions
- 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.
(6) Discretionary funds appropriated for particular
officials shall be disbursed:
- ONLY for public purposes
- to be supported by appropriate vouchers and
- subject to such guidelines as may be prescribed by
law.
(7) If, by the end of any fiscal year, the Congress shall
have failed to pass the general appropriations bill for
the ensuing fiscal year:
- the general appropriations law for the preceding fiscal
year:
o shall be deemed re-enacted and
o shall remain in force and effect UNTIL the general
appropriations bill is passed by the Congress.
Congress is the guardian of the NATIONAL PURSE
- The limitation that no money shall be paid out of the
Treasury except in pursuance of an appropriation law
is a limit NOT on the power of Congress but on the
disbursing power of the EXECUTIVE.
Par 1: How the general appropriations bill is prepared.
Par 2: Rule on Riders: Congress may not clutter the
appropriations law with provisions not specifically related
to some particular item of appropriation.
Par 3: Procedure in approving appropriations
Par 4: Rules on SPECIAL appropriations
Par 5: Extent of transfer of funds.
Note: To discriminately transfer funds w/o regard as
to w/n the funds to be transferred are actually savings
in the item from which the same are to be taken is
unconstitutional.
Phil Constitutional Association v. Enriquez: The list of
those who may be authorized to transfer funds under this
paragraph is EXCLUSIVE.
Par 6: Rule on DISCRETIONARY funds
Par 7: Automatic re-enactment of the appropriations law
as so not to cripple the operations of Gov’t.
Other Limitations:
- Section 29(2) prohibits the expenditure of public
money or property for religious purposes
- The general appropriations law must be based on the
budget prepared by the President
- Public money may only be appropriated for public use
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Sec 26.
(1) Every bill passed by the Congress shall embrace only
ONE SUBJECT which shall be expressed in the title thereof.
(2) No bill passed by either House shall become a law
UNLESS:
- it has passed 3 readings on separate days, and
- printed copies thereof in its final form have been
distributed to its Members 3 days before its passage,
EXCEPT when the President certifies to the necessity of
its immediate enactment to meet a public calamity or
emergency.
UPON the last reading of a bill:
- no amendment thereto shall be allowed, and
- the vote thereon shall be taken immediately
thereafter, and
- the yeas and nays entered in the Journal.
Note: The rule that every bill must embrace only 1 subject
which shall be expressed in the title thereof is
MANDATORY and not directory and compliance with it is
essential to the validity of legislation.
Purpose of the Rule: Often bills are passed by their titles
only w/o requiring them to be read. A specious title
sometimes covers legislation which, if its real character
had been disclosed, would not have commanded assent.
The purposes then of the law are:
1. To prevent the hodge-podge of log-rolling legislation
2. To prevent surprise fraud upon the legislature by
means of provision in bills of which the titles gave no
information, and which may might be overlooked and
carelessly and unintentionally adopted.
3. To fairly appraise the people, through such publication
of legislative proceedings, in order that they may have
the opportunity of being heard thereon
Construction of the Rule: Must be construed LIBERALLY.
The rule should be given a practical rather than technical
construction.
Insular Lumber Co. v. CTA: The provision for exemption
comes under the general subject expressed in the title.
Tio v. Videogram Regulatory Board: The requirement
that every bill must only have one subject expressed in the
title is satisfied if the title is comprehensive enough to
include subjects related to the general purpose which
the statute seeks to achieve. (ex. Taxation is related to
the regulation of the video industry)
Philippine Judges Association v. Prado: “An Act providing
for the regulation of the industry of the Philippine Postal
Corp and other purposes connected” is sufficiently broad
to cover the removal of franking privileges.
1987 Constitution | Atty. Jack Jimenez
Rules on Bills:
- It is sufficient that the title expressing the general
subject of the bill and all the provisions of the statute
are germane to such general subject.
GR: Bills passed by either House must pass (three) 3
readings on separate days
1. FIRST READING - Only the title is read; the bill is
passed to the proper committee
2. SECOND READING - Entire text is read and debates
are held; amendments introduced.
3. 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.
EXC: When the President certifies to the necessity of the
bill’s immediate enactment to meet a PUBLIC CALAMITY
OR EMERGENCY, the 3 readings can be held on the same
day
Sec 27.
(1) Every bill passed by the Congress shall, before it
becomes a law be presented to the President.
- If he approves the same he shall sign it;
- OTHERWISE, he shall veto it and return the same
with his objections to the House where it originated,
which shall enter the objections at large in its Journal
and proceed to reconsider it.
If, after such reconsideration 2/3 of all the Members of
such House shall agree to pass the bill:
- it shall be sent, together with the objections, to the
other House by which it shall likewise be
reconsidered, and
IF approved by 2/3 of all the Members of that House, it
shall become a law.
In all such cases:
- the votes of each House shall be determined by yeas or
nays, and
- the names of the Members voting for or against shall
be entered in its Journal.
The President shall communicate his veto of any bill:
- to the House where it originated
- w/in 30 days after the date of receipt thereof,
OTHERWISE, it shall become a law as if he had signed it.
(2) The President shall have the power to veto:
- any particular item or items in an appropriation,
revenue, or tariff bill,
- BUT the veto shall NOT affect the item or items to
which he does not object.
2 Steps Required Before a Bill Finally Becomes a Law:
1. It must be approved by Congress. There must be a
positive act of legislative action.
2. It must be approved by the President. It may be done
by positive act or by inaction when no veto is
communicated w/in 30 days after date of receipt
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When the Yeas and Nays of the Members are Required
to be Taken:
1. Upon the last and 3rd reading of a bill (Art 6, Sec 26(2))
2. At the request of 1/5 of the members present (Art 6
Sec 16(4))
3. In repassing a bill over the veto of the President (Art 6
Sec 27(1))
Remedy for Conflicts Between the Version of the
Senate and the House of Representatives – BICAMERAL
CONFERENCE COMMITTEE – Such committee consisting
of members nominated from both Houses, is an extra-
constitutional creation of Congress whose function is to
propose to Congress ways of reconciling conflicting
provisions in both versions.
Tolentino v. Secretary of Finance: EXTENT OF POWERS
OF THE CONFERENCE COMMITTEE: Amendments
germane to the purpose of the bill could be introduced
even if these were not in either of the original bills.
Note: The conference committee may also be meet secretly
in executive sessions provided that they carry out the
policy of full public disclosure of all its transactions
involving public interest.
Note: 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 overridden and becomes a law without
need of presidential approval.
Limits on the Veto Power of the President
1. He must not veto the bill but must communicate
his veto to the House
2. He must also veto the entire bill and not just parts
of it (Item veto is prohibited)
Rule on Item Veto
- GR: If the president disapproves a bill enacted by
Congress, he should veto the entire bill. He is not
allowed to veto separate items of a bill.
- EXC: Item veto in the case of appropriation, revenue,
and tariff bills
- EXC to EXC:
1. Doctrine of Inappropriate Provisions - A provision
that is constitutionally inappropriate for an
appropriation bill may be subject to veto even if it is
not an appropriation or revenue “item”. In essence the
president may veto a rider. (Gonzalez v. Macaraig)
Philippine Constitution Association v. Enriquez: The
purpose of allowing inappropriate provisions to be vetoed
is that it prevents the legislature from forcing the
President to veto an entire appropriation law and thereby
paralyzing the government.
1987 Constitution | Atty. Jack Jimenez
2. Executive Impoundment - Refusal of the President
to spend funds already allocated by Congress for a
specific purpose. It is in effect, an “impoundment” of
the law allocating such expenditure of funds
Effect of an Invalid Veto: It is w/o any effect
TYPE OF BILL ITEM
Revenue/tax bill Subject of the tax, and
tax rate imposed thereon
Appropriations bill Indivisible sum dedicated to a
stated purpose
Tanada v. Tuvera: Publication in every case is
indispensable. HOWEVER, the legislature has discretion to
determine the manner and duration of publication before
effectivity.
Sec 28.
(1) The rule of taxation shall be uniform and equitable.
The Congress shall evolve a progressive system of
taxation.
(2) The Congress may, by law, authorize the President:
- to fix within specified limits, and subject to such
limitations and restrictions as it may impose,
- tariff rates, import and export quotas, tonnage and
wharfage dues, and other duties or imposts
- within the framework of the national development
program of the Gov’t.
(3) Charitable institutions, churches and personages or
convents appurtenant thereto, mosques, non-profit
cemeteries, and all lands, buildings, and improvements:
- actually, directly, and exclusively used for religious,
charitable, or educational purposes shall be EXEMPT
from taxation.
(4) NO law granting any tax exemption shall be passed:
- w/o the concurrence of a majority of all the
Members of the Congress.
Purpose of the Power to Tax: To raise revenue. It is also
an instrument of national economic and social policy. The
power to tax has also been seen as the power to destroy. It
is also used as a tool for regulation.
Limitations on the Power of Taxation
1. The rule of taxation should be UNIFORM
2. Congress should evolve a PROGRESSIVE system of
taxation.
3. The power to tax must be exercised for a PUBLIC
PURPOSE because the power exists for the general
welfare.
4. It should be EQUITABLE.
5. The DUE PROCESS and EQUAL PROTECTION clauses
of the Constitution should be observed. Power to tax
shall not be a power to destroy while the court sits.
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Uniformity: Means geographic uniformity and not
intrinsic uniformity. When it operates with the same force
and effect in every place where the subject of it is found. It
means that:
1. The standards that are used are substantial and not
arbitrary
2. The categorization is germane to achieve the
legislative purpose
3. The law applies, all things being equal, to both present
and future conditions
4. The classification applies equally well to all those
belonging to the same class
Equitable: Should not be oppressive.
Note: It is inherent in the power to tax that the State be
free to select the subject of taxation. Inequalities which
result from a singling out of a particular class for taxation,
or exemption, infringe no constitutional limitation.
Progressive System of Taxation: When the tax increases
as the tax base increases.
Par 3: A constitutionally created exemption
- The exemption is ONLY for taxes assessed as property
taxes.
- In order to determine w/n the entity is exempt from
property taxes, the ff should be considered: statute
creating it, its purposes, bylaws, constitution, nature of
work performed
Sec 29.
(1) No money shall be paid out of the Treasury EXCEPT
in pursuance of an appropriation made by law.
(2) No public money or property shall be appropriated,
applied, paid, or employed, directly or indirectly:
- for the use, benefit, or support of any sect, church,
denomination, sectarian institution, or system of
religion, or of any priest, preacher, minister, other
religious teacher, or dignitary as such,
- EXCEPT when such priest, preacher, minister, or
dignitary is assigned to the armed forces, or to any
penal institution, or government orphanage or
leprosarium.
(3) All money collected on any tax levied for a SPECIAL
PURPOSE:
- shall be treated as a special fund and paid out for
such purpose only.
If the purpose for which a special fund was created has
been fulfilled or abandoned:
- the balance, if any, shall be transferred to the
general funds of the Government.
GR: No money shall be paid out of the National Treasury
EXC: In pursuance of an appropriation made by law.
1987 Constitution | Atty. Jack Jimenez
Note: This rule does not prohibit continuing
appropriations (e.g. for debt servicing). This is because the
rule does not require yearly or annual appropriation.
Limitations:
1. Appropriations must be for a PUBLIC PURPOSE
2. Cannot appropriate public funds or property, directly
or indirectly, in favor of
a. Any sect, church, denomination, or sectarian
institution, or system of religion, or
b. Any priest, preacher, minister, or other religious
teacher or dignitary as such.
Note: 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)
Sec 30. No law shall be passed increasing the appellate
jurisdiction of the SC as provided in this Constitution
without its advice and concurrence.
Purpose: To prevent overburdening the court.
Sec 31. No law granting a title of royalty or nobility
shall be enacted.
Ratio: Because it goes against the cornerstone of
republican government.
Sec 32. The Congress shall, as early as possible provide
for a system of initiative and referendum, and the
exceptions therefrom,
- whereby 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
- after the registration of a petition therefor signed by
at least 10% of the total number of registered voters,
of which every legislative district must be
represented by at least 3% of the registered voters
thereof.
Enabling Law: RA 6735
Initiative: The power of the people to propose
amendments to the Constitution or to propose and enact
legislation called for the purpose.
- Three (3) Types of Initiative
1. On the Constitution - A petition proposing
amendments to the Constitution.
2. On Statutes - A petition proposing to enact national
legislation. 

3. On Local Legislation - A petition proposing to enact a
regional, provincial, city, municipal, or barangay law,
resolution or ordinance.
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Referendum: Power of the electorate to approve or reject

legislation through an election called for the purpose.

Required Petition
1. Petition should be registered with the Commission on
Elections (RA 6735 )
2. Should be signed by at least 10% of the total number
of registered voters
3. Every legislative district must be represented by at
least 3% of the registered voters thereof

1987 Constitution | Atty. Jack Jimenez 21 | P a t i ñ o , E r i c a

 POLITICAL LAW REVIEW | 4B | 2010
ARTICLE VII
EXECUTIVE DEPARTMENT
Sec 1. The executive power shall be vested in the
President of the Philippines.
Executive Power is Vested in the PRESIDENT who is
BOTH:
1. Head of State – He remains the ceremonial head of
the gov’t. He is the combination of a scout master,
Delphic oracle, hero of the silver screen, and father of
the multitudes.
2. Chief Executive – He is the embodiment of all
executive power. He is the executive and no one else
is. The heads of the departments holds the position in
an advisory capacity and should be of the President’s
bosom confidence.
Executive Power: To ensure that laws are faithfully
executed.
Marcos v. Manglapus: The powers of the president are
not limited to what are expressly enumerated in the article
on the Executive Department. He has residual unstated
powers. It includes the duty to serve and protect the
people as well as the maintenance of peace and order, the
protection of life, liberty, property, and the promotion of
the general welfare.
- Upon the amendment of the Constitution after the
Marcos regime, there was merely a limitation of
specific powers of the President but NOT a diminution
of the general grant of executive power.
- The court allowing the power of the president in
banning President Marcos to return to the RP should
not serve as a precedent. Such case was unique
considering the circumstances of his regime.
Laurel v. Garcia: The president may not dispose state
property solely on his or her own will. Conveyance must
be authorized by law.
Executive Immunity from Suit: The President may not be
sued during his tenure
- Immunity from suit is PERSONAL to the President and
may be invoked by him alone. The President may
waive it impliedly, as when he himself files suit.
- Ratio: Acts of the president are acts of the State. It is
necessary as not to hamper the duties of the President
- Immunity does not extend to non-official acts.
Unlawful acts of public officials are not acts of the
State.
Executive Privilege: Power of the President to withhold
certain types of information from the pubic, from the
courts and from Congress.
- That a type of information is recognized as privileged
does not, however necessarily mean that it would be
considered privileged in all instances.
1987 Constitution | Atty. Jack Jimenez
- It is the COURT and NOT the executive who decides
whether the information is privileged.
Scope of Executive Privilege:
1. Conversations and correspondence between the
President and the public official covered EO 464
2. Military, diplomatic and other national security
matters which in the interest of national security
should not be divulged
3. Information between inter-government agencies
prior to the conclusions of treaties and executive
agreements
4. Discussion in close-door Cabinet meetings
5. Matters affecting nation security and public order
Presidential Communication Privilege
- Such communication is presumptively privileged
- BUT such presumption is subject to rebuttal
Elements (Neri v. Senate)
1. The protected communication must relate to a
quintessential and non-delegable presidential
power
2. The communication must be authored or
“solicited and received” by a close advisor of the
President of the President himself. The judicial
test is that an advisor must be in “operational
proximity” with the President.
3. The presidential communications privilege
remains a qualified privilege that may be
overcome by a showing of adequate need.
Sec 2.No person may be elected President UNLESS he is a:
1. Natural-born citizen of the RP,
2. A registered voter,
3. Able to read and write,
4. At least 40 years of age on the day of the election, &
5. A resident of the RP for at least 10 years
immediately preceding such election.
Tecson v. COMELEC: Provided paternity is clearly proven,
an illegitimate child of an American Mother and a Filipino
father is a natural born Filipino citizen
Sec 3. There shall be a Vice-President who shall have the:
- Same qualifications and term of office and be elected
with, and in the same manner, as the President.
- He may be removed from office in the same manner as
the President.
The Vice-President:
- May be appointed as a Member of the Cabinet.
- Such appointment requires no confirmation.
VP’s only Constitutional Duty: To be ready to assume the
presidency should a permanent vacancy arise. A spare tire
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Sec 4. The President and the Vice-President shall be:
- Elected by direct vote of the people
- For a term of 6 years which
o shall begin at noon on the 30th day of June
next following the day of the election and
o shall end at noon of the same date, 6 years
thereafter.
The President shall not be eligible for any re-election.
No person who:
- has succeeded as President and
- has served as such for more than 4 years
shall be qualified for election to the same office at any
time.
No Vice-President shall serve for more than 2 successive
terms.
- Voluntary renunciation of the office for any length of
time shall NOT be considered as an interruption in the
continuity of the service for the full term for which he
was elected.
UNLESS otherwise provided by law, the regular election
for President and Vice-President shall be held on the 2ND
Monday of May.
The returns of every election for President and VP, duly
certified by the board of canvassers of each province or
city:
- shall be transmitted to the Congress, directed to the
President of the Senate.
Upon receipt of the certificates of canvass, the President
of the Senate shall, not later than 30 days after the day of
the election:
- open all the certificates in the presence of the Senate
and the House of Representatives in joint public
session, and
- the Congress, upon determination of the authenticity
and due execution thereof in the manner provided by
law, canvass the votes.
The person having the highest number of votes shall be
proclaimed elected, BUT
- in case two or more shall have an equal and highest
number of votes,
- one of them shall forthwith be chosen by the vote of a
majority of ALL the Members of both Houses of the
Congress, voting separately.
The Congress shall promulgate its rules for the canvassing
of the certificates.
The Supreme Court, sitting en banc, shall be:
- the sole judge of all contests relating to the election,
returns, and qualifications of the President or VP, and
- may promulgate its rules for the purpose.
1987 Constitution | Atty. Jack Jimenez
PRESIDENT VICE PRESIDENT
 Term of 6 yrs
 Unless otherwise provided by law, term of office
commence at noon of June 30 next following the
election
Single term only; not Term limitation: 2
eligible for any reelection successive terms
Any person who has Voluntary renunciation of
succeeded as President, and the office for any length of
served as such for more time shall NOT be
than 4 years shall NOT be considered an interruption
qualified for election to the in the continuity of service
same office at any time.
TERM: Once the term is over, he or she may not stay in
office a minute longer. In legal terms, “hold-over” is NOT
allowed.
Note: Congress is the national board of canvassers for
the presidential and vice-presidential elections
- Congress has the authority to break a tie by vote of
majority of all the Members, voting separately
Note: The SC is the Electoral Tribunal in such case
Canvassing of Votes:
- GR: Canvassing has been given to Congress in joint
session
- This however does not prevent Congress from using a
joint committee to do a preliminary count. (Note: The
report of such joint committee MUST be approved by
Congress in joint session.)
- Canvassing may continue even after final
adjournment. Final adjournment does NOT terminate
the non-legislative functions of Congress.
The function of Congress is NOT Ministerial
- It has the authority to examine the certificates of
canvass for authenticity and due execution
- Congress must however pass a law governing
their canvassing functions.
Fernando Poe, Jr. v. Arroyo: Only the registered candidate
for Pres and VP who received the 2nd and 3rd highest
number of votes may contest the election of the Pres or VP.
They are the real parties in an election contest. The widow
of such candidate may NOT substitute him, assuming
arguendo that the protest could survive his death.
Electoral Tribunal’s (ET) Jurisdiction: The validity,
authenticity and correctness of the statement of votes and
the COCs are under the ET’s jurisdiction
Note: Election and assumption of office deems a pending
election protest for another position abandoned.
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Sec 5. Before they enter on the execution of their office, VACANCY SUCCESSOR
the President, the VP, or the Acting President shall take the President-elect fails to VP-elect will be Acting
following oath or affirmation: qualify or to be chosen President until someone is
qualified/chosen as President
"I do solemnly swear [or affirm] that I will faithfully and President-elect dies or VP becomes President
conscientiously fulfill my duties as President [or Vice- permanently disabled
President or Acting President] of the Philippines, preserve Both President and VP- 1. Senate President, or in case
and defend its Constitution, execute its laws, do justice to elect are not chosen, or of his inability,
every man, and consecrate myself to the service of the do not qualify, or both 2. Speaker of the House shall
Nation. So help me God." [In case of affirmation, last die, or both become act as President until a
sentence will be omitted]. permanently disabled President or a VP shall have
been chosen and qualified.
Sec 6. The President shall have an official residence.
The salaries of the President and VP: Death, permanent Congress shall determine, by
- shall be determined by law and (1) disability, or inability of law, who will be the Acting
- shall not be decreased during their tenure. (2) (1) and (2) as Acting President until a President or
No increase in said compensation shall take effect: President VP shall have qualified.
- UNTIL after the expiration of the term of the
incumbent during which such increase was Sec 8. In case of death, permanent disability, removal from
approved. (3) office, or resignation of the President:
They shall NOT receive during their tenure any other - the VP shall become the President to serve the
emolument from the Government or any other source. (4) unexpired term.
In case of death, permanent disability, removal from office,
Note: There are 4 limitations present in this section. or resignation of both the President and VP:
- the President of the Senate or, in case of his inability,
Sec 7. The President-elect and the VP-elect: the Speaker of the House of Representatives, shall then
- shall assume office at the beginning of their terms. act as President until the President or VP shall have
been elected and qualified.
If the President-elect fails to qualify
- the VP-elect shall act as President until the President- The Congress shall, by law, provide :
elect shall have qualified - who shall serve as President in case of death,
If a President shall not have been chosen permanent disability, or resignation of the Acting
- the VP-elect shall act as President until a President President.
shall have been chosen and qualified. He shall serve until the President or the VP shall have been
If at the beginning of the term of the Pres, the Pres-elect elected and qualified, and be subject to the same
shall have died or shall have become permanently disabled restrictions of powers and disqualifications as the Acting
- the VP -elect shall become President. President.
Where no President and VP shall have been chosen or shall Note: When the speaker or the senate president becomes
have qualified, or where both shall have died or become the acting president – he does NOT lose his senate
permanently disabled presidency or speakership
- President of the Senate or, in case of his inability, the Section 7 Section 8
Speaker of the House of Representatives, shall act as Applies when the vacancy Applies when the vacancy
President until a President or a VP shall have been occurs at the start of the term occurs in mid-term
chosen and qualified.
Constitutionally Enumerated Causes of Vacancy: Death,
The Congress shall, by law: permanent disability, removal from office, resignation
- provide for the manner in which one who is to act as Note: In determining the cause of vacancy – use the
President shall be selected until a President or a VP totality approach
shall have qualified,
- in case of death, permanent disability, or inability of Sec 9. Whenever there is a vacancy in the Office of the
the officials mentioned in the next preceding Vice-President during the term for which he was elected:
paragraph. - The President shall nominate a Vice-President from
among the Members of the Senate and the House of
Representatives
- Who shall assume office upon confirmation by a
majority vote of ALL the Members of both Houses of
the Congress, voting separately.

1987 Constitution | Atty. Jack Jimenez 24 | P a t i ñ o , E r i c a

 POLITICAL LAW REVIEW | 4B | 2010
Sec 10. The Congress shall:
- at 10 o'clock in the morning of the 3RD day after the
vacancy in the offices of the President and VP occurs,
- convene in accordance with its rules without need of a
call and
within 7 days,
- enact a law calling for a special election to elect a
President and a VP
- to be held not earlier than 45 days nor later than 60
days from the time of such call.
The bill calling such special election:
- shall be deemed certified under paragraph 2, Section
26, Article V1 of this Constitution and
- shall become law upon its approval on third reading
by the Congress.
Appropriations for the special election:
- shall be charged against any current appropriations
and
- shall be exempt from the requirements of paragraph 4,
Section 25, Article V1 of this Constitution.
The convening of the Congress cannot be suspended nor
the special election postponed.
No special election shall be called IF the vacancy occurs
within 18 months before the date of the next presidential
election.
Sec 11. Whenever the President
- transmits to the President of the Senate and the
Speaker of the House of Representatives
- his written declaration that he is unable to discharge
the powers and duties of his office, and until he
transmits to them a written declaration to the
contrary,
such powers and duties shall be discharged by the VP as
Acting President.
Whenever a majority of all the Members of the Cabinet:
- transmit to the President of the Senate and to the
Speaker of the House of Representatives their written
declaration
- that the President is unable to discharge the powers
and duties of his office,
the VP shall immediately assume the powers and duties of
the office as Acting President.
Thereafter, when the President:
- transmits to the President of the Senate and to the
Speaker of the House of Representatives
- his written declaration that no inability exists,
he shall reassume the powers and duties of his office.
Meanwhile, should a majority of all the Members of the
Cabinet:
- transmit within 5 days to the President of the Senate
and to the Speaker of the House of Representatives,
- their written declaration that the President is unable
to discharge the powers and duties of his office,
1987 Constitution | Atty. Jack Jimenez
the Congress shall decide the issue.
- For that purpose, the Congress shall convene, if it is
not in session, within 48 hours, in accordance with its
rules and without need of call.
If the Congress:
- within 10 days after receipt of the last written
declaration, or
- if not in session, within 12 days after it is required to
assemble,
determines by a 2/3 vote of both Houses, voting
separately, that the President is unable to discharge the
powers and duties of his office,
- the VP shall act as President;
- otherwise, the President shall continue exercising the
powers and duties of his office.
Sec 12. In case of serious illness of the President:
- the public shall be informed of the state of his health.
The:
- members of the Cabinet in charge of national security
and foreign relations and the
- Chief of Staff of the Armed Forces of the Philippines,
shall not be denied access to the President during such
illness.
Note: Section 12 envisions not just illness which
incapacitates but also any serious illness which can be a
matter of national concern.
Sec 13. The President, Vice-President, the Members of
the Cabinet, and their deputies or assistants shall not,
UNLESS otherwise provided in this Constitution:
- hold any other office or employment during their
tenure.
They shall not, during said tenure, directly or indirectly:
- practice any other profession,
- participate in any business, or
- be financially interested in any contract with, or in any
franchise, or special privilege granted by the
Government or any subdivision, agency, or
instrumentality thereof, including goccs or their
subsidiaries.
They shall strictly avoid conflict of interest in the conduct
of their office.
The spouse and relatives by consanguinity or affinity
within the 4th civil degree of the President shall not,
during his tenure, be appointed as:
- Members of the Constitutional Commissions, or the
- Office of the Ombudsman, or
- as Secretaries, Undersecretaries,
- chairmen or heads of bureaus or offices,
- including goccs and their subsidiaries.
Note: The rule on disqualifications for the President and
his Cabinet are stricter than the normal rules applicable to
appointive and elective officers.
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Note: If the spouse, etc., was already in any of the above
offices before his/ her spouse became President, he/ she
may continue in office. What is prohibited is appointment
and reappointment, NOT continuation in office.
Note: Spouses, etc., can be appointed to the judiciary and
as ambassadors and consuls.
Public Interest Group v. Elma: Since the Chief
Presidential Legal Counsel has the duty of giving
independent and impartial legal advice on the actions of
the heads of the various executive departments and to
review investigations involving other presidential
appointees, he may not occupy a position in any of the
offices whose performance he must review.
Sec 14. Appointments extended by an Acting President
shall remain effective:
- UNLESS revoked by the elected President, w/in 90
days from his assumption or reassumption of office.
Sec 15. 2 months immediately before the next presidential
elections and up to the end of his term, a President or
Acting President:
- shall not make appointments,
- EXC temporary appointments to executive positions
when continued vacancies therein will prejudice
public service or endanger public safety.
Midnight Appointments
- Prohibition 2 months immediately preceding a
presidential election
- The prohibition applies only to presidential
appointments. Local elective officials are not
similarly prohibited from doing so.
De Castro v. JBC: The prohibition of appointments during
the 2 month immediately preceding a presidential election
does NOT apply to appointments to the SC. Art 8 Sec 9
requires such vacancy to be filled with 90 days from
vacancy. (G.R. No. 191002, March 17, 2010. Affirmed on
reconsideration April 20, 2010)
Sec 16. The President shall nominate and,
1. With the consent of the Commission on Appointments,
appoint the heads of the executive departments,
ambassadors, other public ministers and consuls, or
officers of the armed forces from the rank of colonel or
naval captain, and other officers whose appointments
are vested in him in this Constitution.
2. He shall also appoint all other officers of the
Government whose appointments are not otherwise
provided for by law, and
3. Those whom he may be authorized by law to appoint.
4. The Congress may, by law, vest the appointment of
other officers lower in rank in the President alone, in
the courts, or in the heads of departments, agencies,
commissions, or boards.
1987 Constitution | Atty. Jack Jimenez
The President shall have the power to make
appointments during the recess of the Congress, whether
voluntary or compulsory, but such appointments shall
be effective ONLY:
- until disapproved by the Commission on
Appointments or
- until the next adjournment of the Congress.
Nature of Appointing Power: Executive in Nature
- The appointing power is the exclusive prerogative of
the President, upon which no limitations may be
imposed by Congress, except those resulting from the
limited exercise of power to prescribe the
qualifications to a given appointing office.
- Such appointing power should not be confused with
the authority of the legislature to impose additional
duties on existing offices
SCOPE:
1. The following may be appointed by the president,
subject to approval by the Commission on
Appointments (CA)
- Heads of executive departments
- Ambassadors, consuls, and other public ministers
- Officers of AFP from the rank of colonel or naval
captain
- Other officers whose appointment is vested in him
by the Constitution, such as:
a. Chairmen and members of the COMELEC,
COA, and CSC
b. Regular members of the JBC
c. The Ombudsman and his deputies
d. Sectoral representatives in Congress, as
provided in Transitory Provisions
2. The President also appoints members of the SC and
judges of the lower courts (NO need for CA
confirmation)
3. All other officers whose appointments are not
otherwise provided for by law and those whom he
may be authorized by law to appoint. (e.g. Chairman
and members of the Commission on Human Rights
(CHR), Commissioner of Customs)
Limitations of Congress
- It cannot, by law, expand the list of officers
needing confirmation E.g. NLRC Commissioners,
Bangko Sentral Governor
- It cannot also give to another officer the
appointing power of those officers specifically
enumerated to be appointed by the President
Note: 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
beyond what is provided for in the Constitution.
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Note: PNP are NOT members of the armed forces but are
civilians. Hence, no need for CA confirmation.
Ad Interim Appointments, defined: Appointments made
by the President during the recess of Congress. (During
which the CA does not meet)
- Ad Interim appointments are NOT temporary
appointments.
- They are immediately effective w/o need of
confirmation of the CA
- It cannot be withdrawn or revoked by the
President at his/her pleasure
Ad Interim Appointment in Acting
Capacity
Refers ONLY to positions Also given to those which do
which need confirmation not need confirmation
by the CA
May be done ONLY when May be given EVEN when
Congress is not in session Congress is in session
Effective until Effective UNLESS revoked by
disapproved by the CA or the elected President within
until the next 90 days from his assumption
adjournment of Congress or re-assumption of office.
Rufino v. Endriga: The Board of the Cultural Center of the
Philippines is not authorized to fill a vacancy in the Board.
Sec. 16 says: “The Congress may, by law, vest the
appointment of other officers lower in rank in the
President alone, in the courts, or in the heads of
departments, agencies, commissions, or boards.” It is the
chairman who may be given authority; but even he can
appoint only officers lower in rank, not officers equal in
rank with the appointing authority.
Pimentel v. Ermita: Congress, through a law, cannot
impose on the President the obligation to appoint
automatically the undersecretary as her temporary alter
ego. An alter ego, whether temporary or permanent, holds
a position of great trust and confidence. Congress, in the
guise of prescribing qualifications to an office, cannot
impose on the President who her alter ego should be.
Sec 17. The President:
- shall have control of all the executive departments,
bureaus, and offices.
- He shall ensure that the laws be faithfully executed.
Power of Control
- 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.
- It may be exercised in the President’s behalf by
Department Heads
1987 Constitution | Atty. Jack Jimenez
Doctrine of Qualified Political Agency, defined: Acts of
department heads, etc., performed and promulgated in the
regular course of business, are presumptively acts of the
President.
- Exceptions:
1. If the acts are disapproved or reprobated by the
President
2. If the President is required to act in person by law or
by the Constitution E.g. The power to grant pardons
Note: Even an Assistant Executive Secretary when acting
for the president may reverse a decision of a Department
Secretary
Note: For Administrative Proceedings, decisions of
Department Secretaries need not be appealed to the
President in order to comply with the requirement of
exhaustion of administrative remedies.
Disciplinary Powers - The power of the President to
discipline officers flows from the power to appoint the
officer, and NOT from the power to control. The power to
remove is inherent in the power to appoint.
Note: The President’s power over GOCCs comes NOT from
the Constitution but from statute. Hence, it may similarly
be taken away by statute.
Power of Supervision - The power of a superior officer to
ensure that the laws are faithfully executed by
subordinates.
- The power of supervision does not include the power
of control; but the power of control necessarily
includes the power of supervision.
- The power of the president over LGUs is only of
general supervision. He can interfere with the actions
of their executive heads only if these are contrary to
law.
- The execution of laws is an OBLIGATION of the
President. He cannot suspend the operation of laws.
Sec 18. The President shall be the Commander-in-Chief
of all armed forces of the Philippines and:
- whenever it becomes necessary, he may call out such
armed forces to prevent or suppress lawless violence,
invasion or rebellion.
In case of invasion or rebellion, when the public safety
requires it, he may for a period not exceeding 60 days,
- suspend the privilege of the writ of habeas corpus or
- place the Philippines or any part thereof under martial
law.
Within 48 hours from the proclamation of martial law or
the suspension of the privilege of the writ of habeas
corpus:
- the President shall submit a report in person or in
writing to the Congress.
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The Congress, voting jointly, by a vote of at least a
majority of all its Members in regular or special session:
- may revoke such proclamation or suspension,
- which revocation shall not be set aside by the
President.
Upon the initiative of the President, the Congress may, in
the same manner, extend such proclamation or
suspension:
- for a period to be determined by the Congress,
- if the invasion or rebellion shall persist and public
safety requires it.
The Congress, if not in session, shall:
- within 24 hours following such proclamation or
suspension,
- convene in accordance with its rules without need
of a call.
The SC may:
- review, in an appropriate proceeding filed by any
citizen the sufficiency of the factual basis of the
proclamation of martial law or the suspension of
the privilege of the writ of habeas corpus or the
extension thereof, and
- must promulgate its decision thereon within 30
days from its filing.
A state of martial law:
- does not suspend the operation of the Constitution,
- nor supplant the functioning of the civil courts or
legislative assemblies,
- nor authorize the conferment of jurisdiction on
military courts and agencies over civilians where civil
courts are able to function,
- nor automatically suspend the privilege of the writ of
habeas corpus.
The suspension of the privilege of the writ of habeas
corpus shall apply ONLY: to persons judicially charged for
rebellion or offenses inherent in, or directly connected
with invasion.
During the suspension of the privilege of the writ of habeas
corpus, any person thus arrested or detained:
- shall be judicially charged within 3 days,
- otherwise he shall be released.
Specific Military Powers Given to the President
1. Call out powers to prevent or suppress lawless
violence, invasion or rebellion
2. To suspend the privilege of writ of habeas corpus
3. To place the Philippines or any part thereof under
martial law
Significance Commander in Chief Powers: A civilian
President holds supreme military authority and is the
ceremonial, legal and administrative head of the armed
forces.
1987 Constitution | Atty. Jack Jimenez
Condition Necessary in order for the President to
Exercise its Call Out Powers: Whenever it becomes
necessary
Power Over the Military: The president may demand
obedience from military officers. Those who ignore or
disobey her command can be subjected to court martial.
The Call Out Powers of the President is GENERALLY
not Subject to Judicial Review
- He may do so whenever it becomes necessary
- The authority to decide whether the exigency has
arisen belongs EXCLUSIVELY to the President and his
decision is conclusive upon all other persons.
- Ratio: Since he has vast intelligence network to gather
information
- HOWEVER: The court may in the proper cases look
into the sufficiency of the factual basis of its power to
determine grave abuse of discretion
- Judicial inquiry can go no further than to satisfy the
Court not that the President’s decision is correct but
that the President did not act arbitrarily. Thus, the
standard laid down is not correctness, but
arbitrariness.
- Call out powers does NOT give the president
additional powers. It does not authorize warrantless
arrests.
- The President does not have the power to take over
privately owned public utilities or businesses affected
with public interest, without prior legislation.
David v. Ermita: The declaration of a state of emergency is
merely a description of a situation that authorizes (the
President) to call out the Armed Forces to help the police
maintain law and order. It gives no new power to her, or to
the military, or to the police. Certainly, it does not
authorize warrantless arrests or control of media.
Note: The power to suspend the privilege of the writ of
habeas corpus is SUBJECT to judicial review.
Note: It is NOT the writ that is suspended BUT the
privilege of the writ
Martial Law: Essentially police power.
- The exercise of power which resides in the executive
branch of the government to preserve order and
insure the public safety in times of emergency , when
other branches of government are unable to function
- Public safety is the object of the exercise of martial law
Martial Law Depends on Two Factual Bases:
1. The existence of actual invasion or rebellion and
2. The requirements of public safety
Note: Necessity creates the conditions for martial law and
at the same time limits the scope of martial law.
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Limits Imposed on the Power to Suspend the Privilege
and the Power to Impose Martial Law in the New
Constitution
1. A time limit of 60 days
2. Review and possible revocation by Congress
3. Review and possible nullification by the Supreme
Court
The Imposition of Martial law or the Suspension of the
Privilege is NOT a Political Question: The 1987
Constitution specifically states that the SC may review the
sufficiency of the factual basis of the above mentioned
powers.
Sec 19. Except:
- in cases of impeachment, or
- as otherwise provided in this Constitution,
the President may:
- grant reprieves, commutations, and pardons, and
remit fines and forfeitures, after conviction by
final judgment.
- He shall also have the power to grant amnesty
with the concurrence of a majority of all the
Members of the Congress.
Purpose of Such Power to Grant Executive Clemency:
Tacit admission that human institutions are imperfect. The
power exists as an instrument for correcting these
infirmities and mitigating harshness in the law
Note: The president may extend executive clemency for
administrative penalties. The Constitution makes no
distinction.
Limitations on Grant of Executive Clemency
1. CANNOT BE GRANTED:
a. Before conviction, in cases of impeachment
b. For violations of election laws, rules, and
regulations without the favorable
recommendation of the COMELEC
c. 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
Reprieve, defined: Postpones the execution of an offense
to a day certain.
Commutation, defined: A remission of a part of the
punishment; a substitution of a less penalty for the one
originally imposed.
- It does not have to be in any specific form. Placing
a person under house arrest after being in prison
for 6 years has the effect of commutation.
Note: Remission of fines merely prevents its collection, it
cannot have the effect of returning property which has
been vested in 3rd parties or the government.
Amnesty, defined: 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. The President alone CANNOT grant amnesty
for it needs the concurrence by a majority of all the
members of Congress.
- A person claiming for amnesty must submit his claim
in the proper amnesty court.
- When a person applies for amnesty, he must admit his
guilt of the offense that is subject to such amnesty. If
his application is denied, he can be convicted based on
this admission of guilt.
Tax Amnesty: General pardon of the authority to impose
penalties on persons guilty of evasion or violation of
revenue or tax law. It is a waiver of the Government of its
right to collect what is due. (Also needs concurrence of
Congress)
Pardon, defined: An act of grace, proceeding from the
power entrusted with the execution of the laws, which
exempts the individual from the punishment the law
inflicts for the crime he has committed.
1. Absolute Pardon: Complete even w/o acceptance
2. Conditional Pardon: Has no force until accepted by
the condemned. (Ratio: because the condition might
be more onerous)
Note:
- One who is given absolute pardon has no demandable
right to reinstatement (Exception: When justice and
equity dictates)
- Pardon removes all penalties and legal disabilities BUT
it does not restore legal office already forfeited.
- In a conditional pardon, the President alone
determines whether the condition has been violated
- Pardon can be extended only to one whose conviction
is final. Therefore, it has no effect until a person
withdraws his appeal.
Amnesty Pardon
POLITICAL offenses ORDINARY offenses
To a CLASS of persons To INDIVIDUALS
Requires concurrence No need for Congressional
of majority of all concurrence
members of Congress
A public act; subject to Private act of President;
judicial notice it must be proved.
Extinguishes the Only penalties are extinguished;
offense itself May or may not restore political
rights; Absolute pardon
restores Conditional, does not.
Civil indemnity is not
extinguished.
May be granted before Only granted after conviction by
or after conviction final judgment

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 POLITICAL LAW REVIEW | 4B | 2010
Sec 20. 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
- subject to such limitations as may be provided by law.
The Monetary Board shall:
- within 30 days from the end of every quarter of the
calendar year,
- submit to the Congress a complete report of its
decision on applications for loans to be contracted or
guaranteed by the Government or goccs
- which would have the effect of increasing the foreign
debt, and containing other matters as may be provided
by law.
Purpose of Monetary Board Report: In order to allow
Congress to act on whatever legislation may be needed to
protect public interest.
Note: The language of the Constitution is simple and clear.
It makes no prohibition on the issuance of certain kinds of
loans and distinctions as to which kinds of debt
instruments are more onerous than others.
Sec 21. No treaty or international agreement shall be valid
and effective UNLESS concurred in by at least 2/3 of all
the Members of the Senate.
Foreign Relations Power of the President
1. The Power to NEGOTIATE treaties and other
international agreements. However, such treaty or
international agreement shall be transmitted to the
Senate, with the following options:
a. Approve it by 2/3 majority vote
b. Disapprove it outright
c. Approve it conditionally, with suggested
amendments. If re-negotiated and the Senate’s
suggestions are incorporated, the treaty goes into
effect without need of further Senate approval
Note:
- While a treaty is re-negotiated, there is yet no treaty.
- Although 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.
- The President cannot, by executive agreement,
undertake an obligation that indirectly circumvents a
legal prohibition.
2. The power to APPOINT ambassadors, other public
ministers, and consuls.
3. The power to RECEIVE ambassadors and other public
ministers accredited to the Philippines.
4. The power to contract and guarantee FOREIGN
LOANS on behalf of the Republic.
5. The power to DEPORT aliens
1987 Constitution | Atty. Jack Jimenez
- This power is vested in the President by virtue of his
office, subject only to restrictions as may be provided
by legislation as regards grounds for deportation.
- In the absence of any legislative restriction to
authority, the President may exercise this power.
Note: Less formal types of international agreements are
binding even w/o concurrence of the Senate. (ex. Host
Agreement)
Note: The decision to enter or not into a treaty is a
prerogative solely of the President. Thus, unless the
President submits a treaty to the Senate there is nothing
for the Senate to concur in.
Bayan v. Executive Secretary: We are bound to accept an
official declaration by the US that what is needed to make
their consent a treaty has been satisfied
Extradition Cases
- Sec of Justice v. Judge Lantion: During the evaluation
stage in the office of the DOJ, the subject of extradition
does not have the right to notice and hearing. An
extradition is not a criminal prosecution and the
constitutional safeguards that accompany a criminal
trial in this country do not shield the accused.
- The person facing extradition does not have a right of
access to evidence in the hands of the executive
department. It is only during the judicial phase that he
has the that right.
Deportation Cases
- The power to deport is lodged in the President.
- It is the intention of the law to grant to the President
full discretion to determine whether an alien’s
residence in the country is so undesirable as to effect
or injure the security, welfare of interest of the state.
- The adjudication of facts devolves on the President
whose decision is final and executory.
Sec 22. The President shall submit to the Congress:
- within 30 days from the opening of every regular session
as the basis of the general appropriations bill,
- a budget of expenditures and sources of financing,
including receipts from existing and proposed revenue
measures.
“Sources of Financing”: Implies that financing can come
from sources other than revenue measures.
Sec 23. The President shall address the Congress at the
opening of its regular session. He may also appear before it
at any other time.
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ARTICLE VIII
JUDICIAL DEPARTMENT
Sec 1. The judicial power shall be vested:
- in one Supreme Court and
- in such lower courts as may be established by law.
Judicial power includes the duty of the courts of justice:
- to settle actual controversies involving rights
which are legally demandable and enforceable,
and
- 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.
Judicial Power, defined: The right to determine actual
controversies arising between adverse litigants, duly
instituted in courts of proper jurisdiction
- Plus see Section 1
Abuse of Discretion:
- It must be grave abuse of discretion amounting to lack
or excess of jurisdiction
- Capricious and whimsical exercise of judgment. It
must be patent and gross as to amount to an evasion of
positive duty enjoined by law, or to act at all in
contemplation of law.
- The definition does not do away with the political
questions doctrine.
Echegaray v. Secretary of Justice: The power of courts to
control the execution of its decision is an essential aspect
of jurisdiction. An accused who has been convicted by final
judgment still possesses collateral rights and these rights
can be claimed in the appropriate courts. The suspension
of the death penalty is an exercise of jurisdiction.
Santiago v. Guingona: It is within the power and
jurisdiction of the Court to inquire whether the Senate or
its officials committed a violation of the Constitution or
gravely abused their discretion.
Political Question: While courts can determine questions
of legality with respect to governmental action, they
cannot review government policy and the wisdom behind
such policies. These questions are vested by the
Constitution in the Executive and Legislative Departments.
Limitations to Judicial Power
- It cannot review those falling under political
questions
- Court may neither attempt to assume nor be
compelled to perform non-judicial functions
- The courts cannot give advisory opinions.
(Director of Prisons v. Ang Cho Kio)
- The court may not be required to act as a board of
arbitrators (Manila Electric v. Pasay
Transportation, Co)
1987 Constitution | Atty. Jack Jimenez
- It may not be charged with administrative
functions EXC when reasonably incidental to the
fulfillment of judicial duties (Noblejas v.
Teehankee)
Declaratory Judgment Advisory Opinion
Involves parties with real A response to a legal issue
conflicting interest posed in the abstract in
advance of any actual case
Final and forever binding Binds no one
on the parties
Judicial Act Not a judicial act
Role of the Legislature in the Judicial Process: The
proper exercise of judicial power requires prior legislation
1. Defining such enforceable and demandable rights and
prescribing remedies for violations of such rights
2. Determining the court with jurisdiction
Note: Hence, the court has no authority to entertain an
action for judicial declaration if there is no law authorizing
such proceeding.
Rule on Moot Cases
- Moot Cases: One that ceases to present a justiciable
controversy by virtue of supervening events, so that a
declaration thereon would be of no practical use or
value.
GR: Court shall dismiss a case on the ground of mootness
EXC: Courts will still decide IF:
1. There is a grave violation of the Constitution;
2. The exceptional character of the situation and the
paramount public interest is involved;
3. When the Constitutional issue raised requires
formulation of controlling principles to guide the
bench, the bar and the public; and
4. The case is capable of repetition yet evading review.
(Quizon v Comelec, July 30, 2008)
Sec 2. The Congress shall have the power
- to define, prescribe, and apportion the jurisdiction
of the various courts
- but may not deprive the SC of its jurisdiction over
cases enumerated in Section 5 hereof.
No law shall be passed reorganizing the Judiciary when:
- it undermines the security of tenure of its
Members.
Power of Congress:
- It has the power to create new courts and to
apportion jurisdiction
- It may not however impair the independence of
the judiciary
Note: No other body other than Congress may create
courts or increase or decrease its jurisdiction.
Note: Congress cannot deprive the Supreme Court of its
jurisdiction over cases provided for in the Constitution.
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Creation and Abolition of Courts: The power to create
courts IMPLIES the power to abolish and even re-organize
courts. BUT this power cannot be exercised in a manner
that would undermine the security of tenure of the
judiciary. If the abolition or re-organization is done in
GOOD FAITH and not for political or personal reasons, it is
VALID.
Sec 3. The Judiciary shall enjoy fiscal autonomy.
Appropriations for the Judiciary:
- may not be reduced by the legislature below the
amount appropriated for the previous year and,
- AFTER approval, shall be automatically and
regularly released.
Note: Fiscal Autonomy is granted to the SC to strengthen
its independence.
Sec 4.
(1) The SC shall be composed of:
- a Chief Justice and
- 14 Associate Justices.
It may sit:
- en banc or
- in its discretion, in division of 3, 5, or 7 Members.
Any vacancy shall be filled within 90 days from the
occurrence thereof.
(2) All cases involving:
- the constitutionality of a treaty, international or
executive agreement, or law, which shall be heard
by the SC en banc, and
- all other cases which under the Rules of Court are
required to be heard en banc,
- including those involving the constitutionality,
application, or operation of PDs, proclamations,
orders, instructions, ordinances, and other
regulations,
shall be decided with the concurrence of a majority of the
Members who actually took part in the deliberations on
the issues in the case and voted thereon.
(3) Cases or matters heard by a division:
- shall be decided or resolved with the concurrence
of a majority of the Members who actually took
part in the deliberations on the issues in the case
and voted thereon, and
- in no case without the concurrence of at least 3 of
such Members.
When the required number is not obtained, the case shall
be decided en banc:
- Provided, that no doctrine or principle of law laid
down by the court in a decision rendered en banc
or in division may be modified or reversed
- EXCEPT by the court sitting en banc.
Note: Congress may not increase or decrease the
composition of the SC
1987 Constitution | Atty. Jack Jimenez
Divisions are NOT Separate and Distinct Courts
- Actions or decisions of any of the divisions are in effect
by the same SC
- Their resolutions and decisions are not inferior to an
en banc decision.
- Decisions of a division are NOT appealable to the
Court en banc. A decision of a division is a decision of
the SC itself.
Cases Required to be Heard En Banc
1. All cases involving constitutionality of a: LAW,
INTERNATIONAL or executive agreement, TREATY
2. All cases involving the constitutionality, application or
operation of: PDs, ORDERS, PROCLAMATIONS,
ORDINANCES, Other REGULATIONS, Instructions
3. All cases required to be heard en banc under the Rules
of Court
4. Appeals from Sandiganbayan and from the
Constitutional Commissions
5. Cases heard by a division where required majority of 3
was not obtained
6. Cases where SC modifies or reverses a doctrine or
principle of law laid down by the SC en banc or by a
division
7. Administrative cases to discipline or dismiss judges of
lower courts
8. Election contests for President and Vice-President.
Fortich v. Corona: If a case has already been decided by
the division and the losing party files a MR, the failure of
the division to resolve the motion because of a tie in the
voting does NOT leave the case undecided. If the voting
results in a tie, the MR is lost. The decision is not
reconsidered but is now deemed affirmed.
Sec 5. The SC shall have the following powers:
1) Exercise original jurisdiction over cases affecting
ambassadors, other public ministers and consuls, and over
petitions for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus.
(2) Review, revise, reverse, modify, or affirm on appeal
or certiorari, as the law or the Rules of Court may provide,
final judgments and orders of lower courts in:
(a) All cases in which the constitutionality or validity of
any treaty, international or executive agreement, law,
PD, proclamation, order, instruction, ordinance, or
regulation is in question.
(b) All cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in relation
thereto.
(c) All cases in which the jurisdiction of any lower court
is in issue.
(d) All criminal cases in which the penalty imposed is
reclusion perpetua or higher.
(e) All cases in which only an error or question of law is
involved.
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(3) Assign temporarily judges of lower courts to other
stations as public interest may require.
- Such temporary assignment shall not exceed 6 months
w/o 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:
- the protection and enforcement of constitutional
rights,
- pleading, practice, and procedure in all courts,
- the admission to the practice of law,
- the integrated bar, and
- legal assistance to the under-privileged.
Such rules:
- shall provide a simplified and inexpensive procedure
for the speedy disposition of cases,
- shall be uniform for all courts of the same grade, and
- shall not diminish, increase, or modify substantive
rights.
Rules of procedure of special courts and quasi-judicial
bodies:
- shall remain effective UNLESS disapproved by the SC.
(6) Appoint all officials and employees of the Judiciary in
accordance with the Civil Service Law.
Judicial Review: SC’s power to declare a law, treaty,
international or executive agreement, PD, proclamation,
order, instruction, ordinance or regulation
unconstitutional. (Section 5(2) a,b)
- It shows that the Constitution is supreme
- The power is not exclusive to the SC
Essential Requisites for the Exercise of Judicial Review
1. There must be before the court an ACTUAL case calling
for the exercise of judicial power
2. The question before it must be ripe for adjudication (the
act being challenged must have an adverse effect on the
person being challenged)
3. The person challenging the act must have “standing” to
challenge it – he must have a personal or substantial
interest in the case
Standing
- If he has a personal and substantial interest in the case
such that he has sustained, or will sustain, direct
injury as a result of its enforcement
- A Citizen is Allowed to Raise a Constitutional
Question:
1. He has personally suffered some actual or threatened
injury as a result of the allegedly illegal conduct of
government
2. The injury is fairly traceable to the challenged action
3. The injury is likely to be redressed by a favorable
action
1987 Constitution | Atty. Jack Jimenez
Note: The rule on standing is not inflexible. Jurisprudence
allows for a liberal approach. Such as when the issue
involves transcendental significance to the public.
Taxpayer Suit: A taxpayer has standing to sue in cases
involving expenditure of public funds, if it can be shown:
1. The he has sufficient interest in preventing the illegal
expenditure of money raised by taxation and
2. That he will sustain a direct injury as a result of the
enforcement of the questioned statute
- He must establish that public funds have been
disbursed in alleged contravention of the law.
- Hence, it can only be brought when there is an
exercise by Congress of its taxing or spending power
Effect of Unconstitutionality of a Statute: It confers no
rights, imposes no duties and afford no protection.
HOWEVER, before an act is declared unconstitutional, it is
an “operative act” which can be the source of rights and
duties.
Political Questions: Courts have no jurisdiction to pass
upon political questions.
- Defined: Political questions are those which under the
Constitution are to be declared by the people in their
sovereign capacity, or in regard to which full
discretionary authority has been delegated to the
legislative or executive branch of the government.
Court Review of Capital Sentences
- While the Fundamental Law requires a mandatory
review by the SC of cases where the penalty imposed
is reclusion perpetua, life imprisonment, or death,
nowhere, however, has it proscribed an intermediate
review. The CA may therefore review first the case.
Auxiliary Powers: Sec 5 (3) to (6)
Rule Making Power:
- The rule making power includes inherent power to
suspend its own rules in particular cases in order to do
justice
- If a rule takes away a vested right, it is not procedural.
If the rule creates a right such as the right to appeal, it
may be classified as a substantive matter; but if it
operates as a means of implementing an existing right
then the rule deals merely with procedure.
Limitations on Judicial Rule Making
1. It should provide a simplified and inexpensive
procedure for the speedy disposition of cases.
2. It should be uniform for all courts of the same grade.
3. It should not diminish, increase, or modify substantive
rights.
Note: Congress still has the power to repeal, alter,
supplement the rules issued by the SC. This is because
Congress has plenary legislative power.
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In re Cunanan: Congress may NOT pass a law lowering the
passing mark and declaring such candidates as having
passed because such would amount to not just amending
the rules but reversing the Court’s application of an
existing rule.
Bar Integration
- The official unification of the entire lawyer population
of the RP. This requires membership and financial
support (in reasonable amount) of every attorney as
conditions sine qua non to the practice of law and the
retention of his name in the Roll of Attorneys.
- The practice of law is a privilege that is subject to
reasonable regulation of the State
- Bar integration is mandated by the Constitution
- The compulsion of annual dues is justified by the need
for elevating the quality of the legal profession
- The Consti vests in the SC plenary powers regarding
the admission to the bar.
Sec 6. The SC shall have administrative supervision over
all courts and the personnel thereof.
Administrative Supervision of the SC over the Courts
and its Employees
- The power to discipline judges is exclusive in the SC.
The Ombudsman may not investigate a judge
independently of any administrative action.
- The Ombudsman cannot determine by himself
whether a criminal complaint against a judge or
employee involves an administrative matter. Such
must be referred to the SC for determination.
Sec 7.
(1) No person shall be appointed Member of the SC or any
lower collegiate court UNLESS:
- he is a natural-born citizen of the Philippines.
A Member of the SC must be:
- at least 40 years of age, and
- must have been for 15 years or more, a judge of a
lower court or engaged in the practice of law in
the Philippines.
(2) The Congress shall prescribe the qualifications of
judges of lower courts:
- but no person may be appointed judge thereof
UNLESS he is a citizen of the Philippines and a
member of the Philippine Bar.
(3) A Member of the Judiciary must be a person of proven
competence, integrity, probity, and independence.
Note: Congress may not alter the qualifications of
Members of the SC and the constitutional qualifications of
other members of the Judiciary. But it may alter the
statutory qualifications.
1987 Constitution | Atty. Jack Jimenez
Sec 8.
(1) A Judicial and Bar Council is hereby created:
- under the supervision of the SC composed of
o the Chief Justice as ex officio Chairman,
o the Secretary of Justice, and
o a representative of the Congress as ex
officio Members,
o a representative of the Integrated Bar,
o a professor of law,
o a retired Member of the SC, and
o a representative of the private sector.
(2) The regular members of the Council shall be
appointed:
- by the President
- for a term of 4 years with the consent of the
Commission on Appointments.
Of the Members first appointed, the representative of the
Integrated Bar shall serve for four years, the professor of
law for 3 years, the retired Justice for 2 years, and the
representative of the private sector for 1 year.
(3) The Clerk of the SC shall be the Secretary ex officio of
the Council and shall keep a record of its proceedings.
(4) The regular Members of the Council:
- shall receive such emoluments as may be
determined by the SC.
- The SC shall provide in its annual budget the
appropriations for the Council.
(5) The Council shall have the principal function of:
- recommending appointees to the Judiciary.
- It may exercise such other functions and duties as
the SC may assign to it.
Sec 9. The Members of the SC and judges of the lower
courts:
- shall be appointed by the President
- from a list of at least 3 nominees prepared by the
Judicial and Bar Council for every vacancy.
- Such appointments need no confirmation.
For the lower courts, the President shall issue the
appointments:
- within 90 days from the submission of the list.
Principal Function of the JBC: Recommending
appointees to the Judiciary.
Rationale Behind the Creation: The council was
principally designed to eliminate politics from the
appointment of judges and justices.
Sec 10. The salary of the Chief Justice and of the Associate
Justices of the SC, and of judges of lower courts:
- shall be fixed by law.
During their continuance in office, their salary shall NOT be
decreased.
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Nitafan v. CIR: The salary or judges and justices are
subject to income tax.
Sec 11. The Members of the SC and judges of lower courts
shall hold office:
- during good behavior
- UNTIL they reach the age of 70 years OR become
incapacitated to discharge the duties of their
office.
The SC en banc shall have the power:
- to discipline judges of lower courts, or
- order their dismissal by a vote of a majority of the
Members who actually took part in the
deliberations on the issues in the case and voted
thereon.
Note: Disciplinary Cases may be heard by the SC division.
A decision en banc is needed only when the penalty to be
imposed is dismissal of a judge, disbarment of a lawyer,
suspension of either for more than one year, or a fine
exceeding 10,000.
Note: Abolition of office is not violative of security of
tenure when done in good faith and not for political and
personal reasons.
Sec 12. The Members of the SC and of other courts
established by law shall not be designated to any agency
performing quasi-judicial or administrative functions.
Administrative Functions: Functions that involve the
regulation and control over the conduct and affairs of
individuals for their own welfare and the promulgation of
rules and regulations to better carry out the policy of the
legislature or such as devolved upon the administrative
agency by the organic law of its existence.
Sec 13. The conclusions of the SC in any case submitted to
it for decision en banc or in division:
- shall be reached in consultation
- before the case is assigned to a Member for the
writing of the opinion of the Court.
A certification to this effect signed by the Chief Justice
shall:
- be issued and a copy thereof attached to the
record of the case and
- served upon the parties.
Any Members who took no part, or dissented, or
abstained from a decision or resolution:
- must state the reason therefor.
The same requirements shall be observed by all lower
collegiate courts.
Purpose of Certification: To ensure the implementation
of the constitutional requirement that decisions of the SC
and lower collegiate courts are reached after consultation.
1987 Constitution | Atty. Jack Jimenez
Effect of Absence of Certification:
- Does NOT necessarily mean that the case submitted
for decision had not been reached in consultation.
Regularity of performance is still presumed.
- It only serves as evidence of failure to observe
certification requirement and may be the basis for
holding the official responsible for the omission.
Sec 14. No decision shall be rendered by any court without
expressing therein clearly and distinctly the facts and
the law on which it is based.
No petition for review or motion for reconsideration of a
decision of the court:
- shall be refused due course or denied without
stating the legal basis therefor.
Note: Sec 14 does not preclude “Memorandum Decisions”,
adopting by reference the findings of fact and conclusions
of law contained in the decisions of inferior tribunals.
Note: Minute Resolutions need not be signed by the
members of the Court who took part in the deliberations of
a case nor do they require the certification of the Chief
Justice. Requiring such would unduly delay the issuance of
the resolutions.
Note: A military commission is not a court of record within
the meaning of this Article.
Sec 15.
(1) All cases or matters filed AFTER the effectivity of this
Constitution:
- must be decided or resolved within 24 months
from date of submission for the SC, and,
UNLESS reduced by the SC:
- 12 months for all lower collegiate courts, and
- 3 months for all other lower courts.
(2) A case or matter shall be deemed submitted for
decision or resolution:
- upon the filing of the last pleading, brief, or
memorandum required by the Rules of Court or by the
court itself.
(3) UPON the expiration of the corresponding period, a
certification to this effect signed by the Chief Justice or
the presiding judge shall:
- forthwith be issued and
- a copy thereof attached to the record of the case
or matter, and
- served upon the parties.
The certification shall state why a decision or resolution
has not been rendered or issued within said period.
(4) Despite the expiration of the applicable mandatory
period, the court, without prejudice to such responsibility
as may have been incurred in consequence thereof:
shall decide or resolve the case or matter submitted
thereto for determination, without further delay.
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Note: Even when there is delay and no decision or

resolution is made within the prescribed period, there is
no automatic affirmance of the appealed decision.

Note: The 3 month rule applies to the Sandiganbayan

because it is a trial court.

Effect of Failure of Judges to Decide:

- It can be a ground for impeachment or other form
of disciplinary action if it is found to constitute
culpable violation of the Constitution
- It also constitutes gross inefficiency under the
Code of Judicial Conduct and warrants
administrative sanctions

Sec 16. The SC shall, within 30 days from the opening of

each regular session of the Congress:
- submit to the President and the Congress an
annual report on the operations and activities of
the Judiciary.

1987 Constitution | Atty. Jack Jimenez 36 | P a t i ñ o , E r i c a

 POLITICAL LAW REVIEW | 4B | 2010
ARTICLE IX
A. COMMON PROVISIONS
Sec 1. The Constitutional Commissions, which shall be
independent are:
- the Civil Service Commission,
- the Commission on Elections, and
- the Commission on Audit.
Sec 2. NO member of a Constitutional Commission shall,
during his tenure:
- hold any other office or employment.
- Neither shall he engage in the practice of any
profession or in the active management or control of
any business which, in any way, may be affected by the
functions of his office,
- nor shall he be financially interested, directly or
indirectly, in any contract with, or in any franchise or
privilege granted by the Government, any of its
subdivisions, agencies, or instrumentalities, including
goccs or their subsidiaries.
Sec 3. The salary of the Chairman and the
Commissioners::
- shall be fixed by law and
- shall not be decreased during their tenure.
Sec 4. The Constitutional Commissions shall appoint their
officials and employees in accordance with law.
Note: Even if there is an independent office specifically
authorized by the Constitution to appoint their officials, it
does not mean that such appointment will not be subject
to the Civil Service Law.
Sec 5. The Commission shall enjoy fiscal autonomy. Their
approved annual appropriations shall be automatically
and regularly released.
Note: These commissions have been made constitutional
commissions because they perform key functions in the
government. In order to protect their integrity, they have
been made such.
Note: A “no report, no release” policy may not be validly
enforced against offices vested with fiscal autonomy.
“Autonomy” connotes something mechanical, spontaneous
and perfunctory. It means that no condition to release its
funds may be imposed.
Note: The obligation of the DBM to automatically release
amounts appropriated for offices with fiscal autonomy
means that the DBM may not retain a portion of the
amount nor may it program release.
1987 Constitution | Atty. Jack Jimenez
Sec 6. Each Commission en banc:
- may promulgate its own rules concerning
pleadings and practice before it or before any of
its offices.
Such rules, however, shall not diminish, increase, or
modify substantive rights.
Note: The Consti Commissions are independent bodies.
The power of the SC over rules issues by quasi judicial
bodies does not apply to them. The court however in
appropriate cases may exercise judicial review.
Rule of the Commission vs. Rules of Court
- The rule of the Commission prevails over the RoC
if the proceeding is before the Commission
- The rules of court prevails over the rule of the
commission if the proceeding is before the court
Note: Congress may not assume power to review rules
promulgated by the Commission.
Sec 7. Each Commission shall decide by:
- a majority vote of all its Members,
- any case or matter brought before it within 60
days from the date of its submission for decision
or resolution.
A case or matter is deemed submitted for decision or
resolution upon:
- the filing of the last pleading, brief, or
memorandum required by the rules of the
Commission or by the Commission itself.
Unless otherwise provided by this Constitution or by law:
- any decision, order, or ruling of each Commission
may be brought to the SC on certiorari by the
aggrieved party
- within 30 days from receipt of a copy thereof.
How Decisions of the Commission are Made:
- Since they are collegial bodies, the decisions are made
by the body and not by individual members of the
body.
- No individual member may make a decision of the
Commission.
Votes Needed for the Commission en banc to Reach a
Decision: The provision of the Constitution is clear that it
should be the majority vote of ALL its members and not
those who participated and took part in the deliberations.
Note: When some of the Commissioners who participated
in the consideration of the case retired before the
promulgation of the decision, their votes should not
anymore be counted. There is no decision until it is
promulgated.
Review of the Commissioners Decisions: May be
appealed to the CA within 15 days from notice.
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Note: In case of decisions of the Comelec, only decisions en (2) Appointments in the civil service shall be made:
banc may be brought to the Court by certiorari since MR of - ONLY according to merit and fitness to be
decisions shall be decided by the Commission en banc. determined, as far as practicable, and,
HOWEVER, when a division of the Comelec decides a MR in - EXCEPT to positions which are:
violation of law, the division’s ruling is complete nullity o policy-determining,
and may be brought to the Court on certiorari. o primarily confidential, or
o highly technical, by competitive
What Kind of Decisions of the Commissions may be examination.
elevated to the SC through Rule 65: Only grave abuse of o
discretion amounting to lack of or excess of jurisdiction. (3) NO officer or employee of the civil service shall be
removed or suspended EXC for cause provided by law.
Note: The SC may intervene in the supervisory function of
Comelec ONLY in those rare instances where the (4) NO officer or employee in the civil service shall engage,
imminence of the elections calls for prompt determination directly or indirectly, in any electioneering or partisan
lest the constitutional right of suffrage be rendered futile. political campaign.

Sec 8. Each Commission shall perform such other (5) The right to self-organization shall not be denied to
functions as may be provided by law. government employees.

B. THE CIVIL SERVICE COMMISSION (6) Temporary employees of the Government shall be given
such protection as may be provided by law.
Sec 1.
(1) The civil service shall be administered by the Civil Scope of the System:
Service Commission composed of a Chairman AND 2 - Does the CSC cover employees of the gocc? Only covers
Commissioners who shall be: goccs with original charters
- natural-born citizens of the Philippines and, - Original Charter: Created By Special Law and not
- at the time of their appointment, at least 35 years under the Corporation Code
of age, - Role of the DOLE? Entities of the CSC are not
- with proven capacity for public administration, completely beyond the reach of the DOLE or labor
and laws.
- must not have been candidates for any elective
position in the elections immediately preceding Appointments in the Civil Service
their appointment. CAREER SERVICE NON-CAREER SERVICE
1. Entrance based on Entrance on bases other
(2) The Chairman and the Commissioners: MERIT and FITNESS. than those of usual tests of
- shall be appointed by the President with the Determined by merit and fitness utilized for
consent of the Commission on Appointments competitive the career service
- for a term of 7 years without reappointment. EXAMINATIONS or Also entitled to security of
Of those first appointed, the Chairman shall hold office for based on highly tenure BUT Tenure LIMITED
7 years, a Commissioner for 5 years, and another TECHNICAL to:
Commissioner for 3 years, without reappointment. QUALIFICATIONS  Period specified by law
2. Entitled to security of  Coterminous with the
Appointment to any vacancy: tenure appointing authority or
- shall be only for the unexpired term of the 3. Opportunity to higher subject to his pleasure
predecessor. advancement to higher  Limited to the duration of a
In no case shall any Member be appointed or designated in career positions. particular project for which
a temporary or acting capacity. purpose the employment
was made
Nature of the Powers of the CSC: The CSC is an
administrative agency, nothing more. They can perform Note: The classification above are not mutually exclusive.
executive, quasi-judicial and quasi-legislative or rule They overlap and complement each other.
making powers.
Santiago v. CSC: One who is next in rank is entitled to
Sec 2. preferential consideration for promotion to the higher
(1) The civil service embraces all branches, subdivisions, vacancy but it does not necessarily follow that he and no
instrumentalities, and agencies of the Gov’t, including one else can be appointed. There is no vested right to the
goccs with original charters. person next higher position. (Next in Rank Rule)

1987 Constitution | Atty. Jack Jimenez 38 | P a t i ñ o , E r i c a

 POLITICAL LAW REVIEW | 4B | 2010
Note: The CSC may not disapprove an appointment and
require the appointment of another person whom it
believes is more qualified.
- The appointing authority is given ample discretion in
the selection and appointment of qualified persons to
vacant positions.
- The CSC may not substitute its judgment for an
executive’s appointment.
- The CSC CANNOT add qualifications other than those
provided by law.
APPOINTMENTS TO CIVIL SERVICE:
1. COMPETITIVE POSITIONS - According to merit and
fitness to be determined by competitive examinations,
as far as practicable
Exception: (Exempt from Competitive Examination)
Positions that are:
A. POLICY-DETERMINING – Charged with the duty
to formulate a method of action for the
government
B. PRIMARILY CONFIDENTIAL – Based on the
“Proximity rule”, it is more than ordinary
confidence. Involves close intimacy that ensures
freedom of intercourse without betrayals of
personal trust or confidential matters of state.
- Termination may be based on the ground of loss
of confidence – such is not considered removal but
expiration of the term of office
C. HIGHLY TECHNICAL – requires technical skill or
training to a superior degree.
2. NON-COMPETITIVE POSITIONS – No need for
competitive examinations to determine merit and
fitness.
Notes for BOTH Positions:
- It is not the description or the title given to the
position that determines whether it is competitive or
not. Rather, it is the nature of the duties that makes a
position primarily confidential.
- Both types of positions are entitled to SECURITY OF
TENURE. They differ only in the MANNER in which
they are filled.
Note: The determination of the President that a position is
policy determining, primarily confidential or highly
technical is NOT conclusive. It is still determined by the
nature of the functions attached to it.
Note: The position of provincial attorney and his legal
assistants are primarily confidential.
Security of Tenure
- A person is guaranteed against arbitrary impairment
of the right to continue the position held.
- He may only be terminated for causes provided by law
- “For cause provided by law” – a guarantee of both
procedural and substantive due process. For legal
1987 Constitution | Atty. Jack Jimenez
causes and not causes provided by the appointing
authority.
- A transfer of a permanent employee to another
permanent position w/o his consent is violative of
security of tenure
- A temporary transfer of an employee may be done
w/o his consent BUT not when it is a preliminary step
towards his removal
- A person must be validly appointed to be entitled to
security of tenure. He must also have the qualifications
for the position held.
- Temporary employees are NOT entitled to security of
tenure. They may removed anytime even w/o cause.
Abolition of Office
- For the abolition of office to escape the taint of
unconstitutionality, it must be made:
1. In good faith
2. Not for personal or political reasons
3. Not in violation of the law
- Abolition of office, even if arising from
reorganization mandated by law, must be justified
by good faith and public need
Partisan Political Activity
- Cannot solicit votes in favor of a particular candidate
- Cannot give campaign contributions or distribute
campaign materials
- Prohibition does not apply to department secretaries
- But one is allowed to express personal views on
political issues, and to mention the names of the
candidates whom he supports
Right to Organize: The right to organize of government
employees does not include the right to strike
Sec 3. The Civil Service Commission, as the central
personnel agency of the Gov’t, shall:
- establish a career service and
- adopt measures to promote morale, efficiency,
integrity, responsiveness, progressiveness, and
courtesy in the civil service.
- It shall strengthen the merit and rewards system,
- integrate all human resources development programs
for all levels and ranks, and
- institutionalize a management climate conducive to
public accountability.
- It shall submit to the President and the Congress an
annual report on its personnel programs.
Purpose of the Civil Service System: To establish and
promote professionalism and efficiency in public service.
Note: The power of the commission with regard to
appointments is limited to attesting the eligibility of the
appointee. They may not dictate to the appointing
authority who among should be appointed.
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Note: The CSC may revoke a certificate of eligibility motu
proprio. The power to issue a certificate of eligibility
carries with it the power to revoked one.
Note: The CSC has the authority to establish rules and
regulations to promote efficiency and professionalism in
the civil service.
Sec 4. All public officers and employees shall take an oath
or affirmation to uphold and defend this Constitution.
Sec 5. The Congress shall provide for the standardization
of compensation:
- of government officials and employees,
- including those in goccs with original charters,
taking into account the nature of the responsibilities
pertaining to, and the qualifications required for, their
positions.
Sec 6. No candidate who has lost in any election shall:
- w/in 1 year after such election,
- be appointed to any office in the Government or
any gocc or in any of their subsidiaries.
Appointment of Lame Ducks
- Purpose: Extirpation of the spoils system
Sec 7. No elective official:
- shall be eligible for appointment or designation in
any capacity to any public office or position
during his tenure
UNLESS otherwise allowed by law or by the primary
functions of his position, no appointive official:
- shall hold any other office or employment in the
Government or any subdivision, agency or
instrumentality thereof, including goccs or their
subsidiaries.
Disqualifications
1. Losing candidates in any election - Cannot be
appointed to any office in the government, GOCCs, or
their subsidiaries within 1 year after such election
2. Elective officials – Not eligible for appointment or
designation in ANY CAPACITY to ANY PUBLIC OFFICE
or position during their tenure.
Exceptions: Ex officio positions
- The Vice President may be appointed as a Cabinet
member.
- A Congressman may sit in the Judicial and Bar
Council.
Note:
- Even Congress cannot, by law, authorize the
appointment of an elective official.
- To be eligible to hold any other office, the elected
official must first RESIGN from his office.
3. Appointive officials – Cannot hold any other office or
employment in the government, any subdivision,
1987 Constitution | Atty. Jack Jimenez
agency, instrumentality, including GOCCs and their
subsidiaries.
Exceptions:
1. Allowed by law
2. Allowed by the primary functions of his position
Sec 8. No elective or appointive public officer or
employee:
- shall receive additional, double, or indirect
compensation, UNLESS specifically authorized by
law,
- nor accept w/o the consent of the Congress, any
present, emolument, office, or title of any kind
from any foreign government.
Pensions or gratuities shall NOT be considered as
additional, double, or indirect compensation.
GR: ELECTED or APPOINTED officers and employees
CANNOT receive: (Purpose: Public office is a public trust)
1. Additional Compensation (concerns the same
office)
2. Double Compensation (2 sets of compensation of
2 different offices)
3. Indirect Compensation
Exception: Unless specifically authorized by law
- “SPECIFICALLY AUTHORIZED” means a specific
authority particularly directed to the officer or
employee concerned.
- Per diems and allowances given as
REIMBURSEMENT for expenses actually incurred
are not prohibited
- Cannot accept any present, emolument, office, title
of any kind from foreign governments UNLESS,
with the consent of Congress.
- Pensions and gratuities are NOT considered as
additional, double, or indirect compensation.
C. THE COMMISSION ON ELECTIONS
Sec 1.
(1) There shall be a Commission on Elections composed of:
- a Chairman and
- 6 Commissioners
who shall be:
- natural-born citizens of the Philippines and,
- at the time of their appointment, at least 35 years
of age,
- holders of a college degree, and
- must not have been candidates for any elective
positions in the immediately preceding elections.
However, a majority thereof, including the Chairman,
shall be:
- members of the Philippine Bar
- who have been engaged in the practice of law for
at least 10 years.
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(2) The Chairman and the Commissioners:
- shall be appointed by the President
- with the consent of the Commission on
Appointments
- for a term of 7 years without reappointment.
Of those first appointed:
- 3 Members shall hold office for 7 years,
- 2 Members for 5 years, and the
- last Members for 3 years,
without reappointment.
Appointment to any vacancy:
- shall be only for the unexpired term of the
predecessor.
In no case shall any Member be appointed or designated in
a temporary or acting capacity.
“Engaged in the Practice of Law”: Any activity in or out
of court which requires the application of law, legal
procedure, knowledge, training or experience.
Note: No one may be appointed in a temporary or acting
capacity.
- The President cannot designate an incumbent
Commissioner as acting Chairman.
- The choice of a temporary chairman falls under
the COMELEC’s discretion.
Sec. 2. The Commission on Elections shall exercise the
following powers and functions:
(1) Enforce and administer all laws and regulations
relative to the conduct of an election, plebiscite, initiative,
referendum, and recall.
(2) Exercise exclusive original jurisdiction over all
contests relating to:
- the elections, returns, and qualifications of all
elective regional, provincial, and city officials,
and appellate jurisdiction over all contests:
- involving elective municipal officials decided by
trial courts of general jurisdiction, or
- involving elective barangay officials decided by
trial courts of limited jurisdiction.
Decisions, final orders, or rulings of the Commission on
election contests involving elective municipal and
barangay offices shall be final, executory, and not
appealable.
(3) Decide,
- EXC 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.
1987 Constitution | Atty. Jack Jimenez
(4) Deputize:
- with the concurrence of the President,
- law enforcement agencies and instrumentalities of
the Government, including the AFP, for the
exclusive purpose of ensuring free, orderly,
honest, peaceful, and credible elections.
(5) Register, AFTER sufficient publication:
- political parties, organizations, or coalitions
which, in addition to other requirements, must
present their platform or program of government;
and
accredit citizens' arms of the Commission on Elections.
- Religious denominations and sects shall not be
registered.
- Those which seek to achieve their goals through
violence or unlawful means, or refuse to uphold
and adhere to this Constitution, or
- which are supported by any foreign government
shall likewise be refused registration.
Financial contributions from foreign governments and
their agencies to political parties, organizations,
coalitions, or candidates related to elections:
- constitute interference in national affairs, and,
- when accepted, shall be 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 or exclusion of
voters;
investigate and, where appropriate, prosecute cases of
violations of election laws, including acts or omissions
constituting election frauds, offenses, and malpractices.
(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 of, 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.
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Nature of the Power of Comelec: It is an administrative
agency and has executive, quasi-judicial and quasi-
legislative powers.
Note: Comelec has jurisdiction to issue writs of certiorari,
mandamus, quo warranto or habeas corpus but in only in
aid of its appellate jurisdiction over election protest cases
involving elective municipal officials decided by court of
general jurisdiction.
Functions of the Comelec: They are essentially executive
(enforcement) and administrative (administration) in
nature
Note: Comelec Jurisdiction
- It has jurisdiction over plebiscites
- It has authority over intra-party disputes (to ascertain
the identity of political parties and legitimate officers)
- It may also promulgate rules and regulations for the
implementation of election laws.
- It has no power to transfer municipalities from one
congressional district to another for the purpose of
preserving proportionality
- The power of the Commission over deputized officers
covers not just criminal cases but also administrative
cases
- Jurisdiction over a pre-proclamation controversy is
administrative or quasi judicial and is governed by
administrative due process. Jurisdiction over contests
is judicial.
- Comelec has no authority to review contests involving
officers of a barangay federation. Its power is over
popular elections.
- Before proclamation the Commission has the authority
to decide whether a person has the constitutional
qualifications needed to be voted
Comelec Rules of Procedure: 5 day period for taking an
appeal
In Election Contests, Comelec’s Jurisdiction Ends: Once a
wining candidate has been proclaimed, taken his oath and
assumed office.
Note: Comelec is not empowered to decide questions
involving the right to vote
Note: The fact that a candidate who obtained the highest
number of votes is later declared to be disqualified or not
eligible for the office does NOT necessarily entitle such
candidate who obtained the second highest number of
votes to be declared the winner.
Note: Lay organizations with religious affiliations or
political parties which derive their principles from
religious beliefs can be registered.
1987 Constitution | Atty. Jack Jimenez
Sec 3. The Commission on Elections:
- may sit en banc or in 2 divisions, and
- shall promulgate its rules of procedure in order to
expedite disposition of election cases, including
pre- proclamation controversies.
All such election cases shall be heard and decided in
division:
- provided that motions for reconsideration of
decisions shall be decided by the Commission en
banc.
Note: Comelec en banc has NO jurisdiction to decide
election cases, in the first instance. Such decision is null
and void. The power pertains to the divisions of Comelec.
When Hearing by Division is Required: It is only in the
exercise of its adjudicatory or quasi-judicial powers that
the comelec is mandated to hear and decide cases first by
division and then, upon MR by the Comelec en banc.
Note: What the Constitution says must be heard en banc
are MRs of “decisions” not MRs on an order of dismissal.
Note: The COMELEC can order immediate execution of its
own judgments.
Note: Interlocutory orders of a COMELEC Division are NOT
APPEALABLE, nor can they be the proper subject of a
petition for certiorari.
Sec 4. The Commission may:
- during the election period,
- supervise or regulate the enjoyment or utilization of
all franchises or permits for the operation of
transportation and other public utilities, media of
communication or information, all grants, special
privileges, or concessions
- granted by the Government or any subdivision,
agency, or instrumentality thereof, including gocc or
its subsidiary.
Such supervision or regulation shall aim:
- to ensure equal opportunity, and equal rates therefor,
for public information campaigns and forums among
candidates in connection with the objective of holding
free, orderly, honest, peaceful, and credible elections.
Sec 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.
Sec 6. A free and open party system:
- shall be allowed to evolve according to the free
choice of the people,
- subject to the provisions of this Article.
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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 Party
1. CONFERS juridical personality
2. INFORMS the public of the party's existence and ideals
3. IDENTIFIES the party and its officers for purposes of
regulation by the COMELEC
Note: For registration for purposes of electoral process, an
organization need not be a political party.
Sec 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.
GR: Block voting NOT allowed
EXC: those registered under the party-list system
Sec 8. Political parties, or organizations or coalitions
registered under the party-list system:
- shall not be represented in the voters' registration
boards, boards of election inspectors, boards of
canvassers, or other similar bodies.
- However, they shall be entitled to appoint poll
watchers in accordance with law.
Sec 9. UNLESS otherwise fixed by the Commission in
special cases, the election period:
- shall commence 90 days before the day of election
and
- shall end 30 days thereafter.
Sec 10. Bona fide candidates for any public office shall be
free from any form of harassment and discrimination.
Sec 11. Funds certified by the Commission:
- as necessary to defray the expenses for holding
regular and special elections, plebiscites,
initiatives, referenda, and recalls,
- shall be provided in the regular or special
appropriations and,
- once approved, shall be released automatically
upon certification by the Chairman of the
Commission.
1987 Constitution | Atty. Jack Jimenez
D. THE COMMISSION ON AUDIT
Sec 1.
(1) There shall be a Commission on Audit composed of:
- a Chairman and
- 2 Commissioners,
who shall be:
- natural-born citizens of the Philippines and
- at the time of their appointment, at least 35 years
of age,
- Certified Public Accountants with not less than
10 years of auditing experience, OR members of
the Philippine Bar who have been engaged in the
practice of law for at least 10 years, and
- must not have been candidates for any elective
position in the elections immediately preceding
their appointment.
At no time shall all Members of the Commission belong to
the same profession.
(2) The Chairman and the Commissioners:
- shall be appointed by the President
- with the consent of the Commission on
Appointments for a term of 7 years
- without reappointment.
Of those first appointed:
- the Chairman shall hold office for 7 years,
- 1 Commissioner for 5 years, and
- the other Commissioner for 3 years,
without reappointment.
Appointment to any vacancy:
- shall be ONLY for the unexpired portion of the
term of the predecessor.
In no case shall any Member be appointed or designated in
a temporary or acting capacity.
Sec 2.
(1) The Commission on Audit shall have the power,
authority, and duty to examine, audit, and settle:
- all accounts pertaining to the revenue and receipts of,
and expenditures or uses of funds and property,
owned or held in trust by, or pertaining to:
the Government, or any of its subdivisions, agencies, or
instrumentalities, including goccs with original charters,
and
- on a post- audit basis:
(a) constitutional bodies, commissions and offices that
have been granted fiscal autonomy under this
Constitution;
(b) autonomous state colleges and universities;
(c) other government-owned or controlled corporations
and their subsidiaries; and
(d) such non-governmental entities receiving subsidy or
equity, directly or indirectly, from or through the
Government, which are required by law or the granting
institution to submit to such audit as a condition of subsidy
or equity.
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HOWEVER, where the internal control system of the audited
agencies is inadequate, the Commission may adopt:
- such measures, including temporary or special
pre-audit, as are necessary and appropriate to
correct the deficiencies.
It shall keep the general accounts of the Government and,
for such period as may be provided by law, preserve the
vouchers and other supporting papers pertaining thereto.
(2) The Commission shall have exclusive authority,
subject to the limitations in this Article to:
- define the scope of its audit and examination
- establish the techniques and methods required
therefor, and
- promulgate accounting and auditing rules and
regulations, including those for the prevention
and disallowance of irregular, unnecessary,
excessive, extravagant, or unconscionable
expenditures or uses of government funds and
properties.
General Functions of the Commission on Audit: To
examine the accuracy of the records kept by accountable
officers and to determine whether expenditures have been
made in conformity of law.
power to fix the amount of an unfixed or undetermined
debt.
Note: Public corporations under the jurisdiction of the
COA may employ private auditors.
Sec 3. NO law shall be passed exempting:
- any entity of the Government or its subsidiaries in
any guise whatever, or
- any investment of public funds, from the
jurisdiction of the Commission on Audit.
Sec 4. The Commission shall submit to the President
AND the Congress, within the time fixed by law:
- an annual report covering the financial condition
and operation of the Government, its subdivisions,
agencies, and instrumentalities, including goccs,
and non-governmental entities subject to its audit,
and
- recommend measures necessary to improve their
effectiveness and efficiency.
It shall submit such other reports as may be required by
law.

The functions of COA can be classified as:

1. Examining and auditing all forms of government
revenues and expenditures
2. Settling government accounts
3. Promulgating accounting and auditing rules
4. Deciding administrative cases involving
expenditures of public funds.

Notes
- COA can settle only LIQUIDATED ACCOUNTS or
those accounts, which may be adjusted simply by
arithmetic process.
- 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.
- COA does not have the power to fix the amount of
an unfixed or undetermined debt.
- 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.
- COA has the power to determine the meaning of
‘public bidding’ and what constitutes failure of the
same when regulations require public bidding for
the sale of government property.

“Settle Accounts”: It means the power to settle liquidated

accounts, that is, those accounts which may be adjusted
simply by an arithmetical process. It does not include the

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 POLITICAL LAW REVIEW | 4B | 2010

ARTICLE X Magtajas v. Pryce Properties: Local gov’t have certain

LOCAL GOVERNMENT powers given by the Constitution which may not be
curtailed by the national gov’t , but that outside these, local
GENERAL PROVISIONS gov’t may not pass ordinances contrary to statute.

Sec 1. The territorial and political subdivisions of the San Juan v. CSC: When in doubt, favor autonomy.
Republic of the Philippines:
- are the provinces, cities, municipalities, and Sec 3. The Congress shall enact a local government
barangays. code which:
There shall be autonomous regions in Muslim Mindanao - shall provide for a more responsive and
and the Cordilleras as hereinafter provided. accountable local government structure
- instituted through a system of decentralization
Significance of Sec 1: Provinces, cities, municipalities and - with effective mechanisms of recall, initiative, and
barangays have been fixed as the standard territorial and referendum,
political subdivisions of the RP. This manner of - allocate among the different local government
subdividing cannot go out of existence except by units their powers, responsibilities, and resources,
constitutional mandate. and
- provide for the qualifications, election,
How Many Autonomous Regions are Allowed?: ONLY 2 appointment and removal, term, salaries, powers
- A third autonomous region would require and functions and duties of local officials, and all
constitutional amendment. other matters relating to the organization and
- Political subdivisions, created by the Constitution operation of the local units.
can be replaced by Constitutional AMENDMENT,
and not by law. Present Form of Local Government: Consists of an
executive distinct from the legislative body.
Cordillera Board Coalition v. Commission on Audit: The
Cordillera Administrative Region creating a temporary Present State of the Law on Initiative and Recall
administrative agency pending the creation of the Initiative Recall
Cordillera Autonomous Region does not create a territorial It is a legal process The Constitution did not
or political subdivision but an executive agency under the whereby the registered provide for any mode, let alone
control of the government. voters of a LGU may a single mode of initiating recall
directly propose, enact, elections. Neither did it prohibit
Sec 2. The territorial and political subdivisions shall or amend any he adoption of multiple modes
enjoy local autonomy. ordinance. It is of initiating recall. Congress is
authorized to be done given the power to choose the
Significance of the Declaration of Local Autonomy: It is not only on ordinances effective mechanisms of recall
meant to free local governments from the well-nigh but also on resolutions. as its discernment dictates.
absolute control by the legislature.
Sec 4. The President of the Philippines:
Note: Even those outside the autonomous regions are - shall exercise general supervision over local
supposed to enjoy autonomy. All political subdivisions governments.
enjoy local autonomy. Provinces, with respect to component cities and
municipalities, and cities and municipalities with respect
Limbona v. Cante Mangelin: to component barangays:
Autonomy - shall ensure that the acts of their component units
Decentralization of Decentralization of are within the scope of their prescribed powers
Administration Power and functions.
When a central gov’t Involves an abdication of
delegates administrative political power in favor of Power of General Supervision, defined: It is the power
powers to political LGUs declared to be of a superior officer to see to it that lower officers perform
subdivisions in order to autonomous. It amounts to their functions in accordance with law. It does not include
broaden the base of gov’t “self-immolation” since in the power to substitute one’s judgment for that of a lower
power and in the process to that event, the officer in matters where such officer has various legal
make local gov’ts more autonomous gov’t alternatives to choose from.
responsive and accountable. becomes accountable not - This power of general supervision includes the
It enables the central gov’t to to the central authorities power to investigate and remove.
concentrate on local affairs. but to its constituency.

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 POLITICAL LAW REVIEW | 4B | 2010
Supervisory Structure in the Local Government
1. The President exercises GENERAL supervision over
LGUs.
2. The President has DIRECT supervision over (a)
autonomous regions; (b) provinces; and (c)
independent cities.
3. Provinces exercise DIRECT supervision over
component cities and municipalities.
4. Cities and municipalities exercise DIRECT
supervision over component barangays.
Sec 5. Each local government unit shall have the power:
- to create its own sources of revenues and
- to levy taxes, fees and charges
subject to such guidelines and limitations as the Congress
may provide, consistent with the basic policy of local
autonomy.
Such taxes, fees, and charges shall accrue exclusively to
the local governments.
Basco v. PAGCOR: The power of the local government to
impose taxes and fees is always subject to limitations
which Congress may provide by law.
Note: A city may impose business tax within its territory.
The power of the LGUs to impose taxes within its
territorial jurisdiction is derived from the Constitution
itself which recognizes the power of these units to create
its own sources of revenue.
The Power of Local Governments to Raise Revenues
May NOT be Limited by an Administrative Order
- Only guidelines and limitations that may be
established by Congress can define and limit such
power of local governments.
- The power to tax of local gov’ts may not be
negated by an executive order through a grant of
exemption absent a statute granting such
exemption.
Digital v. Pangasinan: The inherent taxing power of
Congress can limit the constitutionally delegated taxing
power of local governments.
Current Rule: Where there is neither grant nor a
prohibition by statute, a tax power must be deemed to
exist although Congress may provide statutory limitations
and guidelines.
- Ratio: To safeguard the viability and self
sufficiency of LGUs by directly granting them
general and broad tax powers.
- The rule is not absolute and unconditional. The
legislature must still see to it that:
a. The taxpayer will not be over-burdened with
multiple of unreasonable impositions
b. Each LGU will have a fair share of available
resources
1987 Constitution | Atty. Jack Jimenez
c. The resources of the national gov’t will not be
unduly disturbed.
d. Local taxation will be fair, uniform, and just
Sec 6. Local government units shall have a just share,
- as determined by law, in the national taxes
- which shall be automatically released to them.
Note: Congress may not impose conditions on the release
of the share of local governments. As the Constitution lays
upon the executive the duty to automatically release the
just share of local gov’ts in the national taxes, so it enjoins
the legislature not to pass laws that might prevent the
executive from performing this duty.
INTERNAL REVENUE ALLOTMENT (IRA)
1. Share of LGUs in national taxes is limited to the
internal revenue taxes.
2. This is released, without need of any further action,
directly to the provincial, city, municipal, or barangay
treasurer. Release is made on a quarterly basis within
5 days after the end of each quarter.
3. This should not be subject to any lien or holdback that
may be imposed by the national government for
whatever purpose.
4. Each LGU should appropriate in its annual budget at
least 20% of its annual IRA for development or
infrastructure projects in accordance with local
development plan.
5. Adjustments in IRA on the ground of “Unmanageable
public sector deficit”: The President can make the
necessary adjustments in the IRA upon the
recommendation of the following:
1. Department of Finance Secretary
2. DILG Secretary
3. DBM Secretary
6. IRA is included as part of the income of an LGU for
purposes of compliance with the income requirement
for conversion from one political subdivision to the
next.
Sec 7. Local governments shall be entitled to an
equitable share in the proceeds of the utilization and
development of the national wealth:
- within their respective areas,
- in the manner provided by law,
- including sharing the same with the inhabitants by
way of direct benefits.
Fund Sources of Local Governments
1. Local taxes, fees and charges
2. Its share in the national taxes
3. Its share in the process of he utilization of national
resources within their respective areas
4. Other “sources of revenues” which they may
legitimately make use of either in their public or
governmental capacity, or private or proprietary
capacity.
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Scope of their LG’s Power to Levy Taxes, Fees and
Charges
- They are subject to such guidelines and limitations
as Congress may provide
- HOWEVER, such guidelines must NOT frustrate
the basic policy of local autonomy
Share of the National Gov’t in Such Taxes: NONE
Share in the Proceeds of the Utilization of Local
Natural Resources: Local gov’ts can either have shares
from revenues accruing through fees and charges or they
can receive direct benefits such as lower rates (i.e.
consumption of electricity)
Note: Under the LGC, LGUs have a share of 40% of the
gross collection within their territorial jurisdiction derived
by the national government from the preceding fiscal year
from: (1) Mining taxes; (2) Royalties; (3) Forestry and
fishery charges; (4) Other taxes, fees and charges; (5)
Share in any co-production, joint venture or production
sharing agreement in the utilization and development of
the national wealth
Sec 8. The term of office of elective local officials:
- EXCEPT barangay officials, which shall be
determined by law,
- shall be 3 years and
- no such official shall serve for more than 3
consecutive terms.
Voluntary renunciation of the 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 of Elective Local Officials: Elective local officials,
including barangay officials, have a term of 3 years. (RA
9164, March 19, 2002)
Rules on Term of Elective Officials as Summarized in
the Case of Borja v. Comelec:
May Still Run
Lonzanida v. Comelec: A Mayor elected for a 3rd term but
had to abandon his office because he lost the case that
challenged his election. (not considered as 3 full terms)
Adormeo v. Comelec: A mayor who lost in the election but
thereafter won in the recall election and served the rest of
the former winner’s term (not considered as 3 full terms)
Socrates v. Comelec: A mayor serving for 3 full terms my
still run in a recall election provided between the end of
his 3rd term ad the recall election there was an
interruption thus, breaking the successiveness
Montebon v. Comelec: A municipal councilor assuming the
office of the vice mayor is not considered as serving the 3
full terms. It was an involuntary severance from his office
as municipal councilor resulting in an interruption in the
service of his term.
1987 Constitution | Atty. Jack Jimenez
May NOT Run
Latasa v. Comelec: A mayor who during his 3rd term, the
municipality where he serves was converted into a city,
may not run for another term in the new city since there
has been no change in territory nor in constituency.
Ong v. Alegre: After serving 3 full terms, a decision
declaring an official as not elected is of no practical
consequence because he has already served. (But if it is
declared even a month before the end of his term – he may
still run)
Note: Preventive suspension of a local elective official does
NOT interrupt his term for purposes of computing the 3
term limit.
2 Policies Embodied in Section 8
1. To prevent political dynasties
2. To enhance the freedom of choice of the people.
3 Term Limit: This must be taken to refer to the right to
be elected as well as the right to serve in the same elective
position. For it to apply 2 conditions must be present:
1. The local official has been elected 3 consecutive
times
2. He has fully served 3 consecutive terms.
Note: Suspension does NOT interrupt the term nor tenure.
Rivera v. Morales: Having fully served the term despite in
a “de facto” nature does not constitute an interruption in
his service. The “three-term rule” still applies.
David v. Comelec: The Constitution did not expressly
prohibit Congress from fixing any term of office for
barangay officials. It merely left the determination of such
term to the lawmaking body, w/o any specific limitation or
prohibition, leaving to the lawmakers full discretion to fix
the term.
Sec 9. Legislative bodies of local governments shall have
sectoral representation as may be prescribed by law.
Who Appoints the Sectoral Representatives in Local
Legislative Bodies?
- Under the LGC the PRESIDENT appoints them
- The Secretary of Local Government, may by
authority of the President inform the sectoral
representatives of their appointments. He is the
only the transmitter or communicator of said
appointments.
Note: The President may make appointments even before
Congress passes a law. The phrase “as may be provided by
law” is not prospective. It can refer to law already existing.
Note: The qualifications of local sectoral representatives
are prescribed by law.
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Note: There should be representatives from:
1. The women’s sector
2. The workers
3. Third sector, chosen from any of the following: Urban
poor, Indigenous cultural communities, Disabled
persons, Other sectors, determined by the Sanggunian
Sec 10. NO province, city, municipality, or barangay:
- may be created, divided, merged, abolished, or its
boundary substantially altered,
EXCEPT:
- in accordance with the criteria established in the local
government code and
- subject to approval by a majority of the votes cast in
a plebiscite in the political units directly affected.
Feature in Sec 10 that Contributes to Local Autonomy:
The requirement of approval by a majority of the votes
cast in a plebiscite in the political units.
Political Units that Participate in the Plebiscite
- All political units directly affected
- If a barangay is involved: the plebiscite should be
municipality or city wide
- If a municipality or city is involved then it should
be province wide.
Requisites:
1. Compliance with the criteria established in the LGC
such as POPULATION, REVENUE, and AREA
requirements
2. Approved by a majority of the votes cast in a plebiscite
held in the political units DIRECTLY affected
Note: If a province is to be divided into 2 separate
provinces, plebiscite will include voters of the ENTIRE
province, and not just the areas to comprise the new
province.
Sec 11. The Congress may, by law:
- create special metropolitan political
subdivisions,
- subject to a plebiscite as set forth in Section 10
hereof.
The component cities and municipalities:
- shall retain their basic autonomy and
- shall be entitled to their own local executive and
legislative assemblies.
The jurisdiction of the metropolitan authority that will
thereby be created:
- shall be limited to basic services requiring
coordination.
Status of the Metropolitan Manila development Authority
- Metro Manila is a body composed of several LGUs
(12 cities and 5 municipalities)
- Caloocan, Manila, Mandaluyong, Makati, Pasay,
Quezon, Muntinlupa, Las Pinas, Marikina, Pque,
Velenzuela, Malabon, Navotsa, Pateros, San Juan,
and Taguig
1987 Constitution | Atty. Jack Jimenez
Metro-wide Services: Those which have metro-wide
impact and transcend local political boundaries or entail
huge expenditures such that it would not be viable for said
services to be provided by the individual local government
units comprising Metro Manila
7 Basic Metro-wide services and scope of these
services cover the ff:
1. Development planning
2. Transport and traffic management
3. Solid waste disposal and management
4. Flood control and sewerage management
5. Urban renewal, zoning and land use planning and
shelter services.
6. Health and sanitation, urban protection and
pollution control
7. Public safety
MMDA is a developmental authority. It is an agency
created for the purpose of laying down policies and
coordinating with the various national gov’t agencies,
people’s organizations, non-governmental organizations
and the private sector for the efficient and expeditious
delivery of basic services in the vast metropolitan area.
The Powers of the MMDA are Limited to the Following:
- Formulation, coordination, regulation,
implementation, preparation, management,
monitoring, setting of policies, installation of a system
of administration
- The MMDA or the Metro Manila Council is not
delegated with legislative power.
- All its functions are administrative in nature. It is not a
municipal corporation endowed with police power.
Sec 12. Cities that are highly urbanized, as determined
by law, AND component cities whose charters prohibit
their voters from voting for provincial elective officials:
- shall be INDEPENDENT of the province.
The voters of component cities within a province, whose
charters contain no such prohibition:
- shall not be deprived of their right to vote for
elective provincial officials.
Classification of Cities:
1. Highly urbanized (as determined by law)
2. Component cities (cities still under provincial control)
3. Independent component cities (non-highly urbanized
cities whose voters are prohibited by the city charter
from voting in provincial elections)
Note:
1. Highly urbanized cities and independent component
cities are independent of the province.
2. Component cities whose charter contains no such
prohibition are still under the control of the province
and its voters may still vote for elective provincial
officials.
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3. Independent Component Cities are envisioned as an
ad-hoc category to take care of existing charters. They
can become highly urbanized cities or they may be
demoted to component cities.
Note: A resident of a component city whose charter
prohibits their voters from voting from voting for
provincial elective officials may not run for a provincial
elective office.
Sec 13. Local government units may group themselves,
consolidate or coordinate their efforts, services, and
resources:
- for purposes commonly beneficial to them in
accordance with law.
Note: The grouping contemplated in Sec 13 does not
create a new juridical entity.
Note: LGUs can create these groupings even without prior
enabling law
Note:
1. Grouping, consolidation or coordination is optional on
the part of LGUs
2. Consolidation and coordination may be done through
appropriate ordinance passed after public hearing and
with the approval of the Sanggunian.
Consolidating LGU May:
1. Contribute funds, real estate, equipment and other
kinds of property
2. Appoint or assign personnel under such terms and
conditions as may be agreed upon by the participating
LGUs through MEMORANDA OF AGREEMENT
Sec 14. The President shall provide for:
- regional development councils or
- other similar bodies composed of local
government officials, regional heads of
departments and other government offices, and
representatives from non-governmental
organizations within the regions
for purposes of administrative decentralization:
- to strengthen the autonomy of the units therein
and
- to accelerate the economic and social growth and
development of the units in the region.
Composition
1. Local government officials
2. Regional heads of departments and other government
offices
3. Representatives of NGOs within the regions
Purposes
1. Administrative decentralization
2. To strengthen local autonomy
3. To accelerate the economic and social growth and
development of the units in the region
1987 Constitution | Atty. Jack Jimenez
AUTONOMOUS REGIONS
Sec 15. There shall be created autonomous regions in
Muslim Mindanao and in the Cordilleras consisting of:
- provinces, cities, municipalities, and geographical
areas
sharing common and distinctive:
- historical and cultural heritage, economic and
social structures, and
- other relevant characteristics within the
framework of this Constitution and the national
sovereignty as well as territorial integrity of the
Republic of the Philippines.
Reason Behind he Creation of Autonomous Region:
- Creating of a situation which will allow each
culture to flourish unhampered by the dominance
of other cultures and thereby to contribute more
effectively to national progress.
- To furnish a possible solution to the regional
conflicts that have arisen partly from cultural
diversity.
Prerequisite for the creation of an autonomous region
is a certain distinctive regional commonality of historical
and cultural heritage, economic and social structures, and
other relevant characteristics.
Muslim Mindanao: Areas of Mindanao which are
predominantly Muslim
Note: An autonomous region is NOT an independent
nation within the nation.
Sec 16. The President shall exercise general supervision
over autonomous regions to ensure that laws are
faithfully executed.
Sec 17. All powers, functions, and responsibilities NOT
granted by this Constitution or by law to the autonomous
regions shall be vested in the National Government.
Powers Not Given to Autonomous Regions:
1. Jurisdiction over national defense and security
2. Foreign relations and foreign trade
3. Monetary affairs
Sec 18. The Congress shall enact an organic act for each
autonomous region:
- with the assistance and participation of the
regional consultative commission
- composed of representatives appointed by the
President from a list of nominees from multi-
sectoral bodies.
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The organic act shall define:
- the basic structure of government for the region
- consisting of the executive department and
legislative assembly,
- BOTH of which shall be elective and
representative of the constituent political units.
The organic acts shall likewise provide for:
- special courts with personal, family, and
property law jurisdiction consistent with the
provisions of this Constitution and national laws.
The creation of the autonomous region shall be
effective:
- when approved by majority of the votes cast by
the constituent units in a plebiscite called for the
purpose,
- provided that only provinces, cities, and
geographic areas voting favorably in such
plebiscite shall be included in the autonomous
region.
Charter of Autonomous Regions: Organic Act
Rule on Amendment of the Organic Act: An ordinary
statute whether general or special cannot amend an
organic act that provides for an autonomous region which
under the Constitution may only be created or changed
through a plebiscite called for its purpose
Effectivity of the Creation of Autonomous Region: Upon
approval by a majority of the votes cast in a plebiscite
called for its purpose.
Note: ONLY the LGUs which vote favorably in the
plebiscite become part of the autonomous region
- Those which do not vote favorably, remain in the
administrative region.
Note: An Autonomous region cannot consist only of 1
province. The Constitution provides that an autonomous
region consists of provinces, cities and municipalities and
not just 1 province.
Father B: Constituent units which vote negatively in the
first plebiscite may still join the autonomous region at
some future time.
The Approval of an Organic Act does not Automatically
Create an Autonomous Region - The creation takes
effect only after it is ratified in a plebiscite
Note: For the effective creation of the autonomous region
it is NOT required that the total votes cast in all the units
where the plebiscite is called yield a majority of the
affirmative votes.
1987 Constitution | Atty. Jack Jimenez
Sec 19. The first Congress elected under this Constitution
shall, within 18 months from the time of organization of
both Houses, pass the organic acts for the autonomous
regions in Muslim Mindanao and the Cordilleras.
Sec 20. Within its territorial jurisdiction and subject to
the provisions of this Constitution and national laws,
the organic act of autonomous regions shall provide for
legislative powers over:
(1) Administrative organization;
(2) Creation of sources of revenues;
(3) Ancestral domain and natural resources;
(4) Personal, family, and property relations;
(5) Regional urban and rural planning development;
(6) Economic, social, and tourism development;
(7) Educational policies;
(8) Preservation and development of the cultural heritage;
and
(9) Such other matters as may be authorized by law for the
promotion of the general welfare of the people of the
region.
Note: The enumeration in Section 20 is NOT exhaustive for
what the Organic Act may give to the autonomous regions.
Sec 20 is intended as a political signal that indeed the
Constitution takes the matter of regional autonomy
seriously.
Rule on Creation of Provinces and Cities: ONLY
Congress can create provinces and cities because the
creation of provinces and cities necessarily includes the
creation of legislative districts, a power only Congress can
exercise under Art 6 of the Constitution.
Sec 21. The preservation of peace and order within the
regions:
- shall be the responsibility of the local police
agencies which shall be organized, maintained,
supervised, and utilized in accordance with
applicable laws.
The defense and security of the regions shall be the
responsibility of the National Government.
Note: Autonomous regions are NOT beyond the range of
the Commander-in-chief powers of the President.
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ARTICLE XI
ACCOUNTABILITY OF PUBLIC OFFICERS
Sec 1. Public office is 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.
“Public Office is a Public Trust” means: The basic idea of
government is that a representative gov’t, the officers
being mere agents and not rulers of the people, one where
no one man or set of men has a proprietary or contractual
right to an officer, but where every officer accepts office
pursuant to the provisions of law and holds the office as a
trust for the people whom he represents.
Sec 2. The President, the Vice-President, the Members of
the SC, the Members of the Constitutional Commissions,
and the Ombudsman:
- may be removed from office on impeachment for,
and
- conviction of: culpable violation of the
Constitution, treason, bribery, graft and
corruption, other high crimes, or betrayal of
public trust.
All other public officers and employees may be removed
from office as provided by law, but NOT by impeachment.
Purpose of Impeachment: Purpose is not to punish but
only to remove an officer who does not deserve to hold
office.
Rules on Impeachment
- The list of officers subject to impeachment is
EXCLUSIVE
- Grounds for impeachment is NOT an EXCLUSIVE LIST.
- These officers cannot be charged in court with
offenses that have removal from office as penalty.
- BUT AFTER an official has been impeached, he can be
charged with the appropriate offense.
- Resignation by an impeachable official does not place
him beyond the reach of impeachment proceedings; he
can still be impeached.
Penalty Upon Conviction on Impeachment: Since the
only purpose is to remove, the penalty which may be
imposed shall not extend further than removal from office
and disqualification.
- This penalty is beyond the President’s power of
executive clemency BUT does not place the officer
beyond liability to criminal prosecutor
- When criminally prosecuted the officer cannot
plead double jeopardy.
1987 Constitution | Atty. Jack Jimenez
Sec 3. (1) The House of Representatives shall have the
exclusive power to INITIATE all cases of impeachment.
(2) A verified complaint for impeachment may be filed:
- by any Member of the House of Representatives or
- by any citizen upon a resolution or endorsement
by any Member thereof,
which shall be:
- included in the Order of Business within 10
session days, and
- referred to the proper Committee within 3 session
days thereafter.
The Committee:
- after hearing, and
- by a majority vote of all its Members,
shall submit its report to the House within 60 session
days FROM such referral, together with the corresponding
resolution.
The resolution shall be calendared for consideration by the
House - within 10 session days from receipt thereof.
(3) A vote of at least 1/3 of all the Members of the House
shall be necessary either:
- to affirm a favorable resolution with the Articles of
Impeachment of the Committee, or
- override its contrary resolution.
The vote of each Member shall be recorded.
(4) In case the verified complaint or resolution of
impeachment is filed by at least 1/3 of all the Members of
the House,:
- the same shall constitute the Articles of
Impeachment, and
- trial by the Senate shall forthwith proceed.
(5) NO impeachment proceedings shall be initiated against
the same official more than once within a period of one
year.
(6) The Senate shall have the sole power:
- to try and decide all cases of impeachment.
When sitting for that purpose:
- the Senators shall be on oath or affirmation.
When the President of the Philippines is on trial:
- the Chief Justice of the SC shall preside, but shall
NOT vote.
No person shall be convicted:
- without the concurrence of 2/3 of all the Members
of the Senate.
(7) Judgment in cases of impeachment shall not extend
further than:
- removal from office and
- disqualification to hold any office under the
Republic of the Philippines,
but the party convicted shall nevertheless be liable and
subject to prosecution, trial, and punishment,
according to law.
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(8) The Congress shall promulgate its rules on
impeachment to effectively carry out the purpose of this
section.
Francisco v. House Speaker: Initiation of Impeachment
Proceeding: When a verified complaint is filed and
referred to the Committee on Justice for action. This is the
initiating step which triggers the series of steps that
follows.
- It is NOT initiated when the complaint is transmitted
to the Senate for trial because that is the end of the
House proceeding and the beginning of another
proceeding – trial
- It is NOT initiated when the House deliberates on the
resolution passed on to it by the Committee, because
something prior to that has already been done.
Sec 4. The present anti-graft court known as the
Sandiganbayan shall continue to function and exercise its
jurisdiction as now or hereafter may be provided by law.
Sandiganbayan is NOT a Constitutional Court
- It is a statutory court created by statute although
its creation is mandated by the Constitution
Jurisdiction of Sandiganbayan is NOT Limited to
Criminal and Civil Cases involving Graft and Corrupt
Practices of Public Officers.
- It has jurisdiction also over such other offenses
committed by public officers and employees,
including those in goccs, in relation to their office
as may be determined by law.
Section 4, P.D. 1606: In case private individuals are
charged as co-principals, accomplices or accessories with
the public officers or employees, they shall be tried jointly
with said public officers and employees.
- They may also convicted jointly with them
- Ratio: To avoid repeated and unnecessary
presentation of witnesses and exhibits.
People v. Sandiganbayan: GOCCs with original charters
and those organized and incorporated under the
Corporation Code within the jurisdiction of the
Sandiganbayan whenever they are involved in graft and
corruption.
Sec 5. There is hereby created the independent Office of
the Ombudsman:
- composed of the Ombudsman to be known as
Tanodbayan,
- 1 overall Deputy and
- at least 1 Deputy each for Luzon, Visayas, and
Mindanao.
- A separate Deputy for the military
establishment MAY likewise be appointed.
1987 Constitution | Atty. Jack Jimenez
Sec 6. The officials and employees of the Office of the
Ombudsman, other than the Deputies:
- shall be appointed by the Ombudsman, according
to the Civil Service Law.
Sec 7. The existing Tanodbayan shall hereafter be known
as the Office of the Special Prosecutor:
- It shall continue to function and exercise its
powers as now or hereafter may be provided by
law,
- EXCEPT those conferred on the Office of the
Ombudsman created under this Constitution.
Special Prosecutor Ombudsman
Inherited the Inherited the title of tanodbayan,
prosecutorial and acts as champion of the
responsibility of the people, independent of and not
Tanodbayan beholden to the President.
Note: The final say as to whether to prosecute or not will
belong to the executive department, although the
Ombudsman may seek to compel the fiscal to prosecute by
mandamus in proper cases.
Power to Investigate By the Ombudsman: The power to
investigate (including preliminary investigation) has been
given to the Ombudsman. The Special Prosecutor may
investigate and file cases only when so authorized by the
Ombudsman.
Independence of the Office of the Ombudsman
- It is an independent body wherein the Ombudsman
has the power to appoint all officials and employees of
the Office.
- He has also been vested with the power of
administrative control and supervision of the Office.
- It includes the power of setting, prescribing and
administering the standards for the officials and
personnel of the Office
- He may prescribe and approve its position structure
and staffing pattern
- It includes the authority to determine and establish
the qualifications, duties, functions and
responsibilities of the various directorates and allied
services of the Office.
Sec 8. The Ombudsman and his Deputies shall be:
- natural-born citizens of the Philippines, and
- at the time of their appointment, at least 40 years
old,
- of recognized probity and independence, and
members of the Philippine Bar, and
- must not have been candidates for any elective
office in the immediately preceding election.
The Ombudsman must have:
- for 10 years or more, been a judge or engaged in
the practice of law in the Philippines.
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During their tenure, they shall be subject:
- to the same disqualifications and prohibitions as
provided for in Section 2 of Article 1X-A of this
Constitution.
DISQUALIFICATIONS AND PROHIBITIONS:
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
Sec 9. The Ombudsman and his Deputies shall:
- be appointed by the President
- from a list of at least 6 nominees prepared by the
Judicial and Bar Council, and
- from a list of 3 nominees for every vacancy thereafter.
Such appointments shall require no confirmation.
All vacancies shall be filled within 3 months after they
occur.
Sec 10. The Ombudsman and his Deputies shall:
- have the rank of Chairman and Members, respectively,
of the Constitutional Commissions, and
- they shall receive the same salary which shall not be
decreased during their term of office.
Sec 11. The Ombudsman and his Deputies:
- shall serve for a term of 7 years without
reappointment.
- They shall not be qualified to run for any office in the
election immediately succeeding their cessation from
office.
Sec 12. The Ombudsman and his Deputies, as protectors
of the people,:
- shall act promptly on complaints filed in any form or
manner against public officials or employees of the
Government, or any subdivision, agency or
instrumentality thereof, including goccs, and
- shall, in appropriate cases, notify the complainants of
the action taken and the result thereof.
How Jurisdiction of the Ombudsman Over a Person
Determined: For purposes of determining the scope of
jurisdiction, a public officer is one to whom some
sovereign functions of the government has been delegated.
Deloso v. Domingo: The ombudsman may investigate in
any act or omission of any public official when such act or
omission appears to be illegal, unjust, improper or
inefficient (Sec13). Murder is illegal. Hence, such crime
1987 Constitution | Atty. Jack Jimenez
when committed by a public officer comes within the
jurisdiction of the Ombudsman even if it is not committed
in the performance of his duties.
Uy v. Sandiganbayan: Section 12 ells the Ombudsman to
act on complaints filed in ANY MANNER
Sec 13. The Office of the Ombudsman shall have the
following powers, functions, and duties:
(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.
(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 gocc with original charter,
- to perform and expedite any act or duty
required by law, or
- to stop, prevent, and correct any abuse or
impropriety in the performance of duties. 

(3) Direct the officer concerned:
- to take appropriate action against a public
official or employee at fault, and
- recommend his removal, suspension, demotion,
fine, censure, or prosecution, and ensure
compliance therewith.
(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 or properties, and
- report any irregularity to the Commission on
Audit 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) Publicize matters covered by its investigation when
circumstances so warrant and with due prudence. 

(7) Determine the causes 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.
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Ombudsman v. CA: The enumeration of the powers of the
Ombudsman in the Constitution is not exclusive. Congress
may add additional powers.
Power to Investigate By the Ombudsman: RA 6770
(Ombudsman Act) empowers the Office of the Ombudsman
to conduct preliminary investigations and to directly
undertake criminal prosecutions.
- The power to investigate is very broad. He can
investigate “any illegal act or omission of any public
official” even if the offense committed by the official is
not related to the performance of his functions
- A claim of confidentiality will not prevent the
Ombudsman from demanding the production of
documents needed for the investigation.
- The power to investigate also includes the power to
impose preventive suspension. (Preventive
suspension must not exceed 90 days, PD 807)
The powers of the Ombudsman to Conduct
Preliminary Investigation is DELEGABLE:
- It may be delegated to an investigator or prosecutor of
the office or the ombudsman or by any provincial or
city prosecutor either in their regular capacities or
deputized ombudsman prosecutors.
- Perez v. Sandiganbayan: The doctrine of qualified
political agency does not apply to the relation between
the Ombudsman and the Special Prosecutor. The
Special Prosecutor may only file an information only
when authorized by the Ombudsman.
Note: Only officers of goccs with original charter may be
investigated by the ombudsman.
Section 9 RA 4670 (Magna Carta for Public School
Teachers): Jurisdiction of the Ombudsman over
disciplinary cases involving public school teachers has
been modified – such cases must first go to the committee
appointed by the Secretary of Education
Note: The Ombudsman Act authorizes the Ombudsman to
impose directly administrative penalty on public officials
or employees.
Rule Making Power of the Ombudsman: The
ombudsman has been conferred rule making power to
govern its procedures. One answering an administrative
complaint may not appeal to the procedural rules under
the Civil Service Commission (Medina v. COA)
Sec 14. The Office of the Ombudsman shall enjoy fiscal
autonomy. Its approved annual appropriations shall be
automatically and regularly released.
Sec 15. The right of the State to recover properties
unlawfully acquired by public officials or employees,
from them or from their nominees or transferees, shall
NOT be barred by prescription, laches, or estoppel.
1987 Constitution | Atty. Jack Jimenez
Note: Sec 15 does NOT prevent the prescription of the
crime. The right to prosecute criminally can still prescribe.
Sec 16. NO loan, guaranty, or other form of financial
accommodation for any business purpose may be
granted, directly or indirectly:
- BY any government-owned or controlled bank or
financial institution
- TO the President, the VP, the Members of the
Cabinet, the Congress, the SC, and the
Constitutional Commissions, the Ombudsman, or
to any firm or entity in which they have
controlling interest, during their tenure.
Note: The prohibition applies during their TENURE
Sec 17. A public officer or employee shall:
- UPON assumption of office and as often thereafter
as may be required by law,
- submit a declaration under oath of his assets,
liabilities, and net worth.
In the case of the President, the VP, the Members of the
Cabinet, the Congress, the SC, the Constitutional
Commissions and other constitutional offices, and officers of
the armed forces with general or flag rank:
- the declaration shall be disclosed to the public in
the manner provided by law.
Purpose of Sec 16 and 17: The strengthen the concept of
public office as a public trust
Sec 18. Public officers and employees owe the State and
this Constitution allegiance at all times and
- any public officer or employee who seeks to
change his citizenship or acquire the status of an
immigrant of another country during his tenure
- shall be dealt with by law.
Change in Citizenship or Immigrant Status
1. INCUMBENT public officers and employees who seek
either change in his citizenship; or to acquire
immigrant status in another country shall be DEALT
WITH BY LAW.
2. If Philippine citizenship is one of the qualifications to
the office, the loss of such citizenship means the LOSS
OF THE OFFICE by the incumbent.
3. The Election Code provides the rules with respect to
non-incumbents:
1. APPOINTIVE - Considered ipso fact resigned from
office upon filing of the COC
2. ELECTIVE - Continue to hold office, whether they
run for the same or different position.
4. The Election Code provides that permanent residents
of or immigrant to a foreign country cannot file
certificates of candidacy unless they expressly waive
their status as such
NOTE: This renunciation must be some act other than, and
prior to, the filling of the certificate of candidacy.
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ARTICLE XII
NATIONAL ECONOMY AND PATRIMONY
Sec 1. The goals of the national economy are:
- a more equitable distribution of opportunities,
income, and wealth;
- a sustained increase in the amount of goods and
services produced by the nation for the benefit of
the people; and
- an expanding productivity as the key to raising the
quality of life for all, especially the under-
privileged.
The State shall promote industrialization and full
employment:
- BASED on sound agricultural development and
agrarian reform,
- THROUGH industries that make full and efficient
use of human and natural resources, and which
are competitive in both domestic and foreign
markets.
HOWEVER, the State shall protect Filipino enterprises
against unfair foreign competition and trade practices.
In the pursuit of these goals, all sectors of the economy
and all regions of the country:
- shall be given optimum opportunity to develop.
Private enterprises, including corporations,
cooperatives, and similar collective organizations, shall
be encouraged to broaden the base of their ownership.
Threefold Goal of National Economy
1. More EQUITABLE DISTRIBUTION of opportunities,
income and wealth
2. SUSTAINED INCREASE in the amount of goods and
services produced by the nation for the benefit of the
people
3. EXPANDING PRODUCTIVITY, as the key to raising the
quality of life for all
National Policy on Industrialization and Agricultural
Development
- Industrialization that is a result of releasing
through agrarian reform capital locked up in land.
- It does not mean that agricultural has priority
over industrialization BUT
[sorry I don’t have time to make notes for this article –
notes continue in next article]
Sec 2. All lands of the public domain, waters, minerals,
coal, petroleum, and other mineral oils, all forces of
potential energy, fisheries, forests or timber, wildlife, flora
and fauna, and other natural resources:
- are owned by the State.
With the exception of agricultural lands:
- all other natural resources shall not be alienated.
The exploration, development, and utilization of
1987 Constitution | Atty. Jack Jimenez
natural resources:
- shall be under the full control and supervision of
the State.
The State:
- may directly undertake such activities, or it
- may enter into co-production, joint venture, or
production-sharing agreements with
o Filipino citizens, or
o corporations or associations at least 60%
of whose capital is owned by such
citizens.
Such agreements may be:
- for a period not exceeding 25 years,
- renewable for not more than 25 years, and
- under such terms and conditions as may be
provided by law.
In cases of water rights for irrigation, water supply fisheries,
or industrial uses other than the development of water
power, beneficial use may be the measure and limit of the
grant.
The State shall protect the nation's marine wealth in its
archipelagic waters, territorial sea, and exclusive economic
zone, and reserve its use and enjoyment exclusively to
Filipino citizens.
The Congress may, by law allow:
- small-scale utilization of natural resources by
Filipino citizens, as well as cooperative fish
farming,
- with priority to subsistence fishermen and fish-
workers in rivers, lakes, bays, and lagoons.
The President may enter into agreements with foreign-
owned corporations involving:
- either technical or financial assistance for large-
scale exploration, development, and utilization of
minerals, petroleum, and other mineral oils
according to the general terms and conditions
provided by law,
- BASED on real contributions to the economic
growth and general welfare of the country.
In such agreements, the State shall promote the
development and use of local scientific and technical
resources.
The President shall notify the Congress of every
contract entered into in accordance with this provision,
within 30 days from its execution.
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Sec 3. Lands of the public domain are classified into:
- agricultural, forest or timber, mineral lands and
national parks.
Agricultural lands of the public domain may be further
classified by law:
- according to the uses to which they may be
devoted.
Alienable lands of the public domain:
- shall be limited to agricultural lands.
Private corporations or associations:
- may NOT hold such alienable lands of the public
domain except by lease,
- for a period not exceeding 25 years,
- renewable for not more than 25years, and
- not to exceed 1,000 hectares in area.
Citizens of the Philippines:
- may lease not more than 500 hectares, or
- acquire not more than 12 hectares thereof, by
purchase, homestead, or grant.
Taking into account:
- the requirements of conservation, ecology, and
development, and
- subject to the requirements of agrarian reform,
the Congress shall determine, by law:
- the size of lands of the public domain which may
be acquired, developed, held, or leased and the
conditions therefor.
Sec 4. The Congress shall, as soon as possible, determine,
by law,
- the specific limits of forest lands and national
parks,
- marking clearly their boundaries on the ground.
Thereafter, such forest lands and national parks:
- shall be conserved and
- may not be increased nor diminished, EXC by law.
The Congress shall provide for such period as it may
determine, measures to prohibit logging in endangered
forests and watershed areas.
Sec 5. The State, subject to the provisions of this
Constitution and national development policies and
programs, shall:
- protect the rights of indigenous cultural
communities to their ancestral lands to ensure
their economic, social, and cultural well-being.
The Congress may provide for:
- the applicability of customary laws governing
property rights or relations
- in determining the ownership and extent of
ancestral domain.
1987 Constitution | Atty. Jack Jimenez
Sec 6. The use of property bears a social function, and all
economic agents shall contribute to the common good.
Individuals and private groups, including corporations,
cooperatives, and similar collective organizations:
- shall have the right to own, establish, and operate
economic enterprises,
- subject to the duty of the State to promote
distributive justice and to intervene when the
common good so demands.
Sec 7. Save in cases of hereditary succession:
- no private lands shall be transferred or conveyed
- EXC to individuals, corporations, or associations
qualified to acquire or hold lands of the public
domain.
Sec 8. Notwithstanding the provisions of Section 7 of this
Article, a natural-born citizen of the Philippines who
has lost his Philippine citizenship:
- may be a transferee of private lands, subject to
limitations provided by law.
Sec 9. The Congress may establish:
- an independent economic and planning agency
- headed by the President,
- which shall, after consultations with the appropriate
public agencies, various private sectors, and local
government units, recommend to Congress, and
implement continuing integrated and coordinated
programs and policies for national development.
UNRIL the Congress provides otherwise, the National
Economic and Development Authority:
- shall function as the independent planning agency
of the government.
Sec 10. The Congress shall:
- upon recommendation of the economic and
planning agency,
- when the national interest dictates,
reserve to citizens of the Philippines OR to corporations
or associations at least 60% of whose capital is owned by
such citizens, or such higher percentage as Congress may
prescribe, certain areas of investments.
The Congress shall enact measures:
- that will encourage the formation and operation of
enterprises whose capital is wholly owned by
Filipinos.
In the grant of rights, privileges, and concessions covering
the national economy and patrimony:
- the State shall give preference to qualified
Filipinos.
The State shall regulate and exercise authority:
- over foreign investments within its national
jurisdiction and in accordance with its national
goals and priorities.
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Sec 11. No franchise, certificate, or any other form of
authorization for the operation of a PUBLIC UTILITY
shall be granted:
- except to citizens of the Philippines or to corporations
or associations organized under the laws of the
Philippines, at least 60% of whose capital is owned by
such citizens;
NOR shall such franchise, certificate, or authorization be
exclusive in character or for a longer period than 50 years.
Neither shall any such franchise or right be granted:
- except under the condition that it shall be subject to
amendment, alteration, or repeal by the Congress
when the common good so requires.
The State shall encourage equity participation in public
utilities by the general public.
The participation of foreign investors in the governing
body of any public utility enterprise SHALL BE LIMITED to:
- their proportionate share in its capital, and
- all the executive and managing officers of such
corporation or association must be citizens of the
Philippines.
Sec 12. The State shall:
- promote the preferential use of Filipino labor,
domestic materials and locally produced goods, and
- adopt measures that help make them competitive.
Sec 13. The State shall pursue a trade policy:
- that serves the general welfare and
- utilizes all forms and arrangements of exchange
on the basis of equality and reciprocity.
Sec 14. The sustained development of a reservoir of
national talents:
- consisting of Filipino scientists, entrepreneurs,
professionals, managers, high-level technical
manpower and skilled workers and craftsmen in
all fields shall be promoted by the State.
The State shall:
- encourage appropriate technology and regulate its
transfer for the national benefit.
The practice of all professions in the Philippines:
- shall be limited to Filipino citizens,
- save in cases prescribed by law.
Sec 15. The Congress shall create an agency to promote
the viability and growth of cooperatives as instruments for
social justice and economic development.
Sec 16. The Congress shall not, except by general law:
- provide for the formation, organization, or
regulation of private corporations.
Goccs may be created or established:
- by special charters in the interest of the common
good and
- subject to the test of economic viability.
1987 Constitution | Atty. Jack Jimenez
Sec 17. In times of national emergency, when the public
interest so requires, the State may:
- during the emergency and under reasonable
terms prescribed by it,
- temporarily take over or direct the operation of
any privately-owned public utility or business
affected with public interest.
Sec 18. The State may, in the interest of national welfare
or defense:
- establish and operate vital industries and,
- UPON payment of just compensation, transfer to
public ownership utilities and other private
enterprises to be operated by the Government.
Sec 19. The State shall regulate or prohibit monopolies
when the public interest so requires.
- No combinations in restraint of trade or unfair
competition shall be allowed.
Sec 20. The Congress shall establish an independent
central monetary authority, the members of whose
governing board must be:
- natural-born Filipino citizens,
- of known probity, integrity, and patriotism,
- the majority of whom shall come from the private
sector.
They shall also be subject to such other qualifications and
disabilities as may be prescribed by law.
The authority shall provide:
- policy direction in the areas of money, banking,
and credit.
- It shall have supervision over the operations of
banks and
- exercise such regulatory powers as may be
provided by law over the operations of finance
companies and other institutions performing
similar functions.
UNTIL the Congress otherwise provides, the Central Bank
of the Philippines operating under existing laws, shall
function as the central monetary authority.
Sec 21. Foreign loans:
- may only be incurred in accordance with law and
the regulation of the monetary authority.
Information on foreign loans obtained or guaranteed by
the Government shall be made available to the public.
Sec 22. Acts which circumvent or negate any of the
provisions of this Article:
- shall be considered inimical to the national
interest and
- subject to criminal and civil sanctions, as may be
provided by law.
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ARTICLE XVI
GENERAL PROVISIONS
Sec 1. The flag of the Philippines shall be red, white, and
blue, with a sun and three stars, as consecrated and
honored by the people and recognized by law.
Note: The design of the Philippine flag may only be
changed by constitutional amendment.
Sec 2. The Congress may, by law:
- adopt a new name for the country, a national
anthem, or a national seal, which shall all be truly
reflective and symbolic of the ideals, history, and
traditions of the people.
Such law shall take effect ONLY upon its ratification by
the people in a national referendum.
Sec 3. The State may not be sued without its consent.
Reason for Immunity from Suit:
- Because of the inconvenience that may be caused, the
loss of governmental efficiency and the obstacle to the
performance of its multifarious functions are far
greater f such fundamental principle were abandoned
and the availability of judicial remedy were not thus
restricted.
- This also considers the propensity of people to go to
court.
Note: The rule likewise prohibits a person from filing for
interpleader, with the State as one of the defendants being
compelled to interplead.
When it is Considered a Suit Against the State
1. The Republic is sued by NAME
2. Suits against an unincorporated government AGENCY
3. Suit is against a government OFFICIAL, but is such that
ultimate liability shall DEVOLVE on the government
Note: A suit against a public officer is a suit against the
state when the satisfaction of judgment against such
official will require the state to perform a positive act such
as appropriation necessary to pay damages.
Rules on Public Officers
- When a public officer acts in bad faith, or beyond the
scope of his authority, or where they have acted in
ultra vires he can be held personally liable for
damages.
- If a public officer acted pursuant to his official duties,
without malice, negligence, or bad faith, he is not
personally liable, and the suit is really one against the
State.
- Immunity does not apply to public officers especially
when he is being sued not in his official capacity but in
his personal capacity although the acts may have been
committed while he occupied a public position.
1987 Constitution | Atty. Jack Jimenez
Note: One must first overturn the presumption of good
faith and regularity of official actions
Note: Even when the State is immune from suit, there are
instances when in the interest of substantial justice
remedy to a private person may still be granted. Immunity
cannot serve as an instrument for perpetrating an injustice
to a citizen.
How Consent is Given By the State
1. EXPRESS - The law expressly grants the authority to
sue the State or any of its agencies.
e.g.
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.
2. IMPLIED
a. The State, through the proper officer and within
the scope of his authority, enters into a PRIVATE
contract. (EXC: When the contract is merely
incidental to the performance of a governmental
function)
b. The State enters into an operation that is
essentially a business operation. (EXC: When
the operation is incidental to the performance of
a governmental function. ex. arrastre services
c. When the state sues a private party (EXC: When
the suit is entered only to resist a claim)
Note: Immunity from suit may be waived by implied
consent when the state enters into a contract that is
proprietary in character.
Rule on Execution When the State is Declared Liable in
the Suit (Commissioner of Public Highways v. San Diego):
- The State may limit claimant’s action “only up to the
completion of proceedings anterior to the state of
execution” and that the power of the Courts ends
when the judgment is rendered.
- The rule that public funds and properties may not be
seized under writs of execution or garnishment to
satisfy such judgment is based on public policy. Also
since disbursements must be covered by the
corresponding appropriation as required by law.
Recourse of a Private Person by an Authorized act of a
Public Officer:
- A suit for restoration of property or damages may
be filed against the officer in his private capacity.
- If the property unlawfully taken cannot anymore
be restore, then the Gov’t must be deemed to have
submitted to the jurisdiction of the court for
purposes of fixing just compensation.
Note: Immunity also applies to foreign states. It is also a
rule in International Law.
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Payment of Interests By the Government
GR: Government cannot be made to pay interests;
EXC:
1. Eminent domain
2. Erroneous collection of tax
3. Where government agrees to pay interest pursuant to
law.
Sec 4. The Armed Forces of the Philippines:
- shall be composed of a citizen armed force which
shall undergo military training and serve as may
be provided by law.
- It shall keep a regular force necessary for the
security of the State.
Sec 5.
(1) All members of the armed forces shall take an oath
or affirmation to uphold and defend this Constitution.
(2) The State shall strengthen the patriotic spirit and
nationalist consciousness of the military, and respect for
people's rights in the performance of their duty.
(3) Professionalism in the armed forces AND adequate
remuneration and benefits of its members shall be a prime
concern of the State.
The armed forces shall be insulated from partisan politics.
No member of the military:
- shall engage, directly or indirectly, in any partisan
political activity,
- except to vote.
(4) No member of the armed forces in the active
service shall, at any time:
- be appointed or designated in any capacity to a
civilian position in the Government, including
goccs or any of their subsidiaries
(5) Laws on retirement of military officers:
- shall NOT allow extension of their service.
(6) The officers and men of the regular force of the armed
forces:
- shall be recruited proportionately from all
provinces and cities as far as practicable.
(7) The tour of duty of the Chief of Staff of the armed
forces:
- shall not exceed 3 years.
However, in times of war or other national emergency
declared by the Congress:
- the President may extend such tour of duty.
Note: The tour of duty of the Chief of Staff may be
shortened to less than 3 years.
- He may also be allowed to finish the 3-year tour even
if he reaches the compulsory retirement age.
1987 Constitution | Atty. Jack Jimenez
Sec 6. The State shall establish and maintain:
- one police force,
- which shall be national in scope and
- civilian in character,
to be administered and controlled by a national police
commission.
The authority of local executives over the police units in
their jurisdiction shall be provided by law.
Note: PNP falls under the Civil Service
Note: RA 6975 did not abolish the Integrated National
Police (INP). Instead, what the law provided was for the
“absorption”, “transfer”, and /or “merger” of the INP, was
well as the other officers comprising the PC-INP, with the
PNP.
Sec 7. The State shall provide:
- immediate and adequate care, benefits, and other
forms of assistance
- to war veterans and veterans of military
campaigns, their surviving spouses and orphans.
Funds shall be provided therefor and due consideration
shall be given them:
- in the disposition of agricultural lands of the
public domain and,
- in appropriate cases, in the utilization of natural
resources.
Note: The term “due” should not be given the meaning of
giving “preferential” treatment
Sec 8. The State shall, from time to time:
- review to increase the pensions and other benefits
due to retirees of both the government and the
private sectors.
Sec 9. The State shall protect consumers:
- from trade malpractices and
- from substandard or hazardous products.
Sec 10. The State shall provide the policy environment for:
- the full development of Filipino capability and
- the emergence of communication structures suitable
to the needs and aspirations of the nation and
- the balanced flow of information into, out of, and
across the country, in accordance with a policy that
respects the freedom of speech and of the press.
Sec 11.
(1) The ownership and management of mass media
shall be limited:
- to citizens of the Philippines, or
- to corporations, cooperatives or associations,
wholly-owned and managed by such citizens.
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The Congress shall:
- regulate or prohibit monopolies in commercial
mass media
- when the public interest so requires.
No combinations in restraint of trade or unfair competition
therein shall be allowed.
(2) The advertising industry is impressed with public
interest, and shall be regulated by law for the protection
of consumers and the promotion of the general welfare.
Only Filipino citizens or corporations or associations
at least 70 per centum of the capital of which is owned by
such citizens:
- shall be allowed to engage in the advertising
industry.
The participation of foreign investors in the governing
body of entities in such industry:
- shall be limited to their proportionate share in the
capital thereof, and
- all the executive and managing officers of such
entities must be citizens of the Philippines.
Sec 12. The Congress:
- may create a consultative body to advise the
President on policies affecting indigenous cultural
communities,
- the majority of the members of which shall come
from such communities.
1987 Constitution | Atty. Jack Jimenez
ARTICLE XVII
AMENDMENTS OR REVISIONS
Sec 1. Any amendment to, or revision of, this
Constitution may be proposed by:
(1) The Congress, upon a vote of 3/4 of all its Members; or
(2) A constitutional convention.
Sec 2. Amendments to this Constitution may likewise be
directly proposed by the people through initiative:
- upon a petition of at least 12% of the total number
of registered voters,
- of which every legislative district must be
represented by at least 3% of the registered
voters therein.
No amendment under this section shall be authorized:
- within 5 years following the ratification of this
Constitution
- nor oftener than once every 5 years thereafter.
The Congress shall provide for the implementation of the
exercise of this right.
Sec 3. The Congress may:
- by a vote of 2/3 of all its Members, call a
constitutional convention, or
- by a majority vote of all its Members, submit to
the electorate the question of calling such a
convention.
Sec 4. Any amendment to, or revision of, this
Constitution under Section 1 hereof shall be valid:
- when ratified by a majority of the votes cast in a
plebiscite
- which shall be held not earlier than 60 days nor
later than 90 days after the approval of such
amendment or revision.
Any amendment under Section 2 hereof shall be valid:
- when ratified by a majority of the votes cast in a
plebiscite
- which shall be held not earlier than 60 days nor
later than 90 days after the certification by the
Comelec of the sufficiency of the petition for
revision.
Any amendment under Section 2 hereof shall be valid:
- when ratified by a majority of the votes cast in a
plebiscite
- which shall be held not earlier than 60 days nor
later than 90 days after the certification by the
Comelec of the sufficiency of the petition.
Significance of the Article on Amendment and
Revisions of the Constitution
1. It indicates that the Philippines has adopted a
rigid type of Constitution – one that cannot be
changed by ordinary legislation
2. It identifies legal sovereignty as residing in the
people
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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.
a vote of ¾ of all its members, and then pass it on to
the other house for similar process. Nothing is said
about joint sessions.
- Even in a joint session, they must still vote separately
because Congress is bicameral

Revision: An examination of the entire Constitution to 2. CONSTITUTIONAL CONVENTION (ConCon)

determine how and to what extent it should be altered. A How to Call:
revision implies substantive change, affecting the 1. Congress may call a ConCon by a 2/3 vote of all its
Constitution as a whole. members
2. By a majority vote of all its members, Congress
Note: BOTH signify change in the Constitutional text may submit to the electorate the question of
whether to call a ConCon or not
CONSTITUENT POWER LEGISLATIVE POWER Note:
The power to formulate a The power to pass, repeal - Choice of which constituent assembly or constitutional
Constitution or to propose or amend ordinary laws convention should initiate amendments and revisions
amendments to or or statutes is left to the discretion of Congress. In other words, it
revisions of the is a POLITICAL QUESTION.
Constitution and to ratify - The MANNER OF CALLING a ConCon is subject to
such proposal judicial review, because the Constitution has provided
It is exercised by Congress It is an ordinary power of for voting requirements.
(by special constitutional Congress and of the - If Congress, acting as a ConAss, calls for a ConCon but
conferment), by a people, also through does not provide the details for the calling of such
Constitutional Convention Initiative and ConCon, Congress - exercising its ordinary legislative
or Commission, by the Referendum. power - may supply such details. But in so doing,
people through Initiative Congress (as legislature) should not transgress the
and Referendum, and resolution of Congress acting as a constituent
ultimately, by the assembly.
sovereign electorate - Congress, as a ConAss and the ConCon has no power to
Does not need the Needs the approval of the appropriate money for their expenses. Money may be
approval of the Chief Chief Executive spent from the treasury only pursuant to an
Executive EXCEPTION: when done appropriation made by law.
by the people through
initiative and referendum. 3. PEOPLE’S INITIATIVE
Requirements:
GR: The Constitution may not be changed w/o following 1. Petition to propose such amendments must be
the process prescribed in the Constitution. signed be at least 12% of ALL REGISTERED
EXC: Since the people are the ultimate legal sovereign, they VOTERS.
may in extraordinary circumstances decide to disregard 2. Every legislative district represented by at least
the Constitution (Through a “revolution”) 3% of the registered voters therein.
Note:
3 Necessary Steps to Give Effect to an Amendment or - While the substance of the proposals made by each
Revision type of ConAss is not subject to judicial review, the
1. Proposal of amendments or revisions by the proper manner the proposals are made is subject to judicial
constituent assembly review.
2. Submission of the proposed amendments or revisions - Since a ConAss owes their existence to the
3. Ratification Constitution, the courts may determine whether the
assembly has acted in accordance with the
Who May Propose Amendments or Revision in the Constitution.
Constitution?
1. Congress, acting as a CONSTITUENT ASSEMBLY Who Submits the Proposed Changes for Ratification?
(ConAss), by a 3/4 vote of all its members Either:
Note: 1. Congress as a Constituent Assembly
- The power of Congress to propose amendments is 2. Constitutional Convention
NOT part of its ordinary legislative power. BUT, if both does not submit, Congress as an ordinary
- The only reason Congress can exercise such power is legislative body, may do say
that the Constitution has granted it such power.
- Each House may separately formulate amendments by
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 POLITICAL LAW REVIEW | 4B | 2010

Who Decides Whether Amendments or Revision

Should Be Proposed by Congress of by Constitutional
Convention? This matter is left to the wisdom of
CONGRESS

Note: The matter of calling a convention is subject to

judicial review.
- The substance of the proposals are not subject to
judicial review since it its left to the wisdom of the
constituent assembly. HOWEVER, the manner of
making the proposal is subject to judicial review.
- E.g. whether it is approved by the required number of
votes, whether it is properly submitted for ratification

Note: In calling a constitutional convention when Congress

acting as a constituent assembly does not supply the
details, then Congress as an ordinary legislative body may
supply such details.

Note: The constitutional convention may not appropriate

money for its expenses.

Initiative: The proposal phase

Referedum: When the people vote to reject or ratify the
proposal.

Note: A revision may NOT be effected by initiative and

referendum. ONLY amendments may be effected in such a
way.
- Ratio: The formulation of provisions revising the
Constitution requires both cooperation and debate
which can only be done through a collegial body.

Requisites of Valid Ratification

1. Held in a plebiscite conducted under the election law
2. Supervised by the COMELEC
3. Where only franchised voters (registered) voters take
part

Notes:
- 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.
- 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 as invalid.
- 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.
- Presidential proclamation is NOT required for
effectivity of amendments/ revisions.
EXCEPTION: The proposed amendments/ revisions so
provide.

1987 Constitution | Atty. Jack Jimenez 62 | P a t i ñ o , E r i c a