CONSTITUTIONAL LAW 1
II in Connection
Midterms Reviewer, 1st Semester, AY 2017-2018
Through the Combined Efforts of LIB 1-F
Per Unitatem Vis
Through Unity, Strength
Table of Contents:
1.) State Immunity (Continuation of Art. II in Connection
with Article XVI General Provisions)
2.) Introduction to Three Great Powers of Government
a. Doctrine of Separation of Powers
b. Overview of the Three Departments of Government
i. Legislative (Sections 1 to 7, Article VI)
ii. Executive (Sections 1 to 4, 17, 18, Article VII)
iii. Judicial (Sections 1, 4, 5,6,7,11, Article VIII)
3.) Overview of the Three Constitutional Commission
i. Common Provisions
ii. Civil Service Commission (Sections 1, 2, 3 Parg. B,
Article IX.
iii. Commission on Elections (Sections 1 and 2, Article IX)
iv. Commission on Audit (Sections 1 and 2, Article IX)
4.) Independent Constitutional Office of the Commission
on Human Rights. (Sections 1 and 2, Article XIII).
5.) Legislative Department (Article VI of the 1987
Constitution), Bernas pp. 675-819.
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1. ) State Immunity (Continuation of Art.
with Article XVI General Provisions)
ARTICLE XVI
GENERAL PROVISIONS
Section 3. The State may not be sued without its consent
State Immunity Doctrine - based on the provisions of the Constitution
that the State may not be sued without its consent.
The doctrine reflects nothing less than a recognition of the sovereign
character of the State and an express affirmation of the unwritten rule
effectively insulating it from the jurisdiction of courts.
It is based in the very essence of sovereignty. Justice Holmes once said
that a sovereign is exempt from suit, not because of any formal
conception or obsolete theory, but on the logical and practical ground
that there can be no legal right as against the authority that makes the
law on which the right depends.
True, the doctrine, not too infrequently, is derisively called “the royal
prerogative of dishonesty” because it grants the state the prerogative to
defeat any legitimate claim against it by simply invoking its nonsuability.
It has been explained in its defense, however, that a continued adherence
to the doctrine of non-suability cannot be deplored, for the loss of
governmental efficiency and the obstacle to the performance of its
multifarious functions would be far greater in severity than the
inconvenience that may be caused to private parties, if such fundamental
principle is to be abandoned and the availability of judicial remedy is not
to be accordingly restricted.
Sovereign Immunity: Foundation of the Rule
English rule – King could not be sued without its consent but it never
meant that the king’s subject is without remedy. It claims affecting the
Crown were handled by the court.
American rule on immunity doctrine – first expressed in the eleventh
Amendment of the Constitution; the Eleventh Amendment to the
Constitution states that the judicial power of the US shall not be
construed to extend to any suit or law or equity, commenced or
prosecuted against the United States by Citizens of another State, or by
Citizens or subject of any Foreign State.
Prior to 1973 – no provision affirming the doctrine of state immunity.
However, already implanted in the Philippine legal system brought to
the country by the Americans.
Case: Santos v. Santos. Based on principle on the juridical and practical
notion that the King can do no wrong. But English translation of it means
that the King is not allowed to do wrong.
Case: Metran vs. Paredes. Explains that in a republican state,
government immunity from a suit is derive from the will of the people
themselves. Government of the people, by the people and for the people
(a representative government)
Since it is the will of the people, by the people and from the people, they
are in effect attempting to sue themselves along with the people
represented by the common government.( which is absurd)
When suit is against the State
Section 3 -expresses established jurisprudence on the subject that the
State may not be sued without its consent.
Cases on this subject must deal with the dual question:
a.) Whether the suit is one against the state
b.) If so, whether the state has consented to be sued
Republic is not sued by name but rather through any of its
instrumentalities or officers.
Example if the suit is against…
An unincorporated agency = no juridical capacity
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A suit of necessity is against the person of the agent’s principal and
consent or absence of consent of the principal must be determined.
A government-owned corporation = the suit is not one against the state
because private corporations are distinct from the state.
Determination of absence or presence of consent is necessary if the
corporation was established for the performance of governmental
functions.
If it’s established for governmental purpose, then it can participate in the
immunity
When suit is against an officer of the state, inquiry is needed.
Suits against unincorporated agencies
Case: Metran vs. Paredes
 Mentran was not a corporation
 Dismissal of the case against Metran was predicted solely on the
fact that, being a governmental agency possessing no juridical
personality, a suit against Metran is a suit in the government
whose consent is not given
Case: Angat River Irrigation System vs. Angat River Worker’s Union
 Governmental function of the Irrigation system.
 Immunity from suit was upheld
Case: National Airports Corporation vs. Teodoro
 Was found under category of private entity
 Immunity was not upheld
Case: Bureau of Printing vs. Bureau of Printing Employees
 Additional printing job for private parties was found to be
insignificant to the volume of work which the Bureau had to do
for government
Case: Mobil Phillippines vs. Arrastre Service
 Latter the arrastre operation was found to be an incident to the
government task of collecting revenues and duties.
Suits Against Government Officers
Whether or not government immunity from suit can be extended to its
officers depends on where the ultimate liability will fall.
Case: Syquia vs. Lopez Almeda
 A case of international law because what was involved was
immunity of a foreign government from a suit
 However, the government no longer has an interest in the
outcome of the suit, a suit against an officer will not be
considered a suit against the government
Case: Ruiz vs. Cabahug
 Government has already set aside the amount needed to cover
the bill for the architectural and engineering design of the
Veterans Hospital
Case: Festejo vs. Fernando
 Liability of an officer is personal because it arises from a
tortious act in the performance of duty
Case: Ministerio vs. Court of First Instance
 Recovery of the disputed land was no longer possible because
it had long been used, together with other adjoining lots.
Suits against government-owned corporation
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If the government conducts a business operation through an entity,
whether corporate or non-corporate , set up primarily for a business
purpose, such entity enjoys no immunity even if there is no express grant
of authority to sue or be sued.
Municipal corporations share in the immunity of the sovereign. A
municipal corporation cannot be made liable for the torts of its officers
in their performance of governmental functions except in those
instances where the law expressly makes them so liable
Case: Manila Hotel Employees Assoc vs Manila Hotel
 the business character of the corporation and not its corporate
character which divests it of the immunity which its owner
sovereign
Waiver of Immunity
The unlawful act of an executive officer cannot divest the state of
immunity precisely because waiver must be controlled by the legislature
and not by executive.
Case: Santos vs Santos
When the state or its government enters into a contract, through its
officers or agents, in furtherance of a legitimate aim and purpose and
pursuant to constitutional legislative authority , whereby mutual or
reciprocal benefits accrue and rights and obligations arise therefrom, the
state itself may be sued even without its express consent, because by
entering into a contract the sovereign state has descended to the level of
the citizen and its consent to be sued is implied from the very act of
entering into such contract.
When the state through its duly authorized officers takes the initiative in
a suit against a private party, it descends from its privilege position to
the level of a private individual and thereby opens itself to whatever
counterclaims or defenses the private individual may have against the
state.
Suability , liability , execution
When the state consents to be sued, it cannot be inferred from such
consent that the state concedes its liability.
Case: Syquia v. Lopez:
 where the judgment in the suit by the private citizen against the
officers and agents of the government would result not only in
the recovery of possession of property in favor of said citizen but
also in a charge against or financial liability to the Government,
then the suit should be regarded as one against the Government
itself, and, consequently, it cannot prosper or be entertained by
courts except with the consent of said government
Case: Calub v. Court of Appeals
 a suit against a public officer for his official acts is, in effect, a suit
against the State if its purpose is to hold the State ultimately liable.
However, the protection afforded to public officers by this doctrine
generally applies only to activities within the scope of their
authority in good faith and without willfulness, malice or
corruption.
Case: Wylie v. Rarang
 While the doctrine appears to prohibit only suits against the state
without its consent, it is also applicable to complaints filed against
officials of the state for acts allegedly performed by them in the
discharge of their duties. The rule is that if the judgment against such
officials will require the state itself to perform an affirmative act to
satisfy the same, such as the appropriation of the amount needed to
pay the damages awarded against them, the suit must be regarded
as against the state itself although it has not been formally
impleaded.
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 The doctrine is sometimes derisively called 'the royal
prerogative of dishonesty' because of the privilege it grants the
state to defeat any legitimate claim against it by simply
invoking its non-suability.
Case: Lansang v. Court of Appeals
 The doctrine of state immunity from suit applies to complaints
filed against public officials for acts done in the
performance of their duties and does cover unlawful acts or
where he is being sued in his personal capacity, although the
acts complained of may have been committed while he
occupied a public position
 The rule does not apply where the public official is charged in
his official capacity for acts that are unlawful and injurious to
the rights of others. Public officials are not exempt, in their
personal capacity, from liability arising from acts committed in
bad faith
 Neither does it apply where the public official is clearly being
sued not in his official capacity but in his personal capacity,
although the acts complained of may have been committed
while he occupied a public position.
Case: Fontanilla v. Maliaman
 A corporate body performing non-governmental functions, it
now becomes liable for the damage caused by the accident
resulting from the tortious act of its driver-employee. In this
particular case, the NIA assumes the responsibility of an
ordinary employer and as such, it becomes answerable for
damages.|||
Case: Callado v. International Rice Research Institute
 IRRI's immunity from suit is undisputed. Presidential Decree No.
1620, Article 3 provides that the Institute shall enjoy immunity from
any penal, civil and administrative proceedings, except insofar as
that immunity has been expressly waived by the Director-General of
the Institute or his authorized representatives. The grant of
immunity to IRRI is clear and unequivocal and an express waiver by
its Director-General is the only way by which it may relinquish or
abandon this immunity.
2. ) Introduction to Three Great Powers of Government
“Legislative power is given to the Legislature whose members hold
office for a fixed term;
Executive power is given to a separate Executive who also holds office
for a fixed term;
And judicial power is held by an independent Judiciary.
The system is founded on the belief that by establishing equilibrium
among the three power holders, harmony will result, power will not be
concentrated, and thus tyranny will be avoided.
Because of the prominent position, however, which the system gives to
the President as chief executive, it is designated as a presidential form
of government.” (Bernas Primer)
Each is prevented from invading the domain of others. (Bernas,
Commentary 656, 2003 ed.)
Division and Assignment. Its starting point is the assumption of the
division of the functions of the government into three distinct classes—
the executive, the legislative and the judicial. Its essence consists in the
assignment of each class of functions to one of the three organs of
government.
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The theory is that “a power definitely assigned by the Constitution to
one department can neither be surrendered nor delegated by that
department, nor vested by statute in another department or agency.”34
The underlying reason of this principle is the assumption that arbitrary
rule and abuse of authority would inevitably result from the
concentration of the three powers of government in the same person,
body of persons or organ.
More specifically, according to Justice Laurel, the doctrine of separation
of powers is intended to:
1. Secure action
2. To forestall overaction
3. To prevent despotism
4. To obtain efficiency
History. Separation of powers became the pith and core of the
American system of government largely through the influence of the
French political writer Montesquieu. By the establishment of the
American sovereignty in the Philippines, the principle was introduced
as an inseparable feature of the governmental system organized by the
United States in this country.
Limitations on the Principle:
1. System of Checks and Balances
2. Existence of overlapping powers
i. Legislative Powers (Articles 1-7)
CONSTITUTIONAL LAW I
ARTICLE VI – THE LEGISLATIVE DEPARTMENT
Section 1. The legislative power shall be vested in the Congress of the
Philippines, which shall consist of a Senate and a House of
Representatives,
Exemption: To the extent reserved to the people by the Able to Read
provision of Initiative & Referendum – RA 6735 and Write

Section 2. The Senate shall be composed of twenty-four Senators who

Residency Resident of the Resident of the said
shall be elected at large by the qualified voters of the Philippines, as
Philippines for at district for at least 1
may be provided by law.
least 2 years year immediately
immediately preceding
Section 3. No person shall be a Senator unless he is a naturalborn preceding the Election.
citizen of the Philippines and, on the day of the election, is at least
election
thirty-five years of age, able to read and write, a registered voter, and a
For Partylist - n/a
resident of the Philippines for not less than two years immediately
preceding the day of the election.

Section 4. The term of office of the Senators shall be six years and shall Term 6 years 3 years
commence, unless otherwise provided by law, at noon on the thirtieth
day of June next following their election. No Senator shall serve for
more than two 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.
Term Limit Not more than 2 Not more than 3
consecutive years. consecutive years

Members Senate House of

Representative

Composition 24 senators Not more than 250,

unless otheriwise
provided by law.
Note: The qualifications of both Senators and Members of the House
are limited to those provided by the Consttution. Congress cannot,
Citizenship Natural-born Natural-born citizen
by law, add or subtract from these qualifications.
citizen of the PH of the PH

Age 35 years old 25 years old

Section 5. (1) The House of Representatives shall be composed of not
Registered more than two hundred and fifty members, unless otherwise fixed by
Voter law, who shall be elected from legislative districts apportioned among
the provinces, cities, and the Metropolitan Manila area in accordance
with the number of their respective inhabitants, and on the basis of a
uniform and progressive ratio, and those who, as provided by law, shall

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 be elected through a party-list system of registered national, regional,
and sectoral parties or organizations.
(2) The party-list representatives shall constitute twenty per centum
of the total number of representatives including those under the party
list. For three 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 two hundred fifty thousand, or each province, shall have at
least one representative.
(4) Within three years following the return of every census, the
Congress shall make a reapportionment of legislative districts based on
the standards provided in this section.
Senate – 24 elected at large by the qualified voters of the
Philippines;
House of Representatives – not more than 250 members
consisting of:
a. District Representatives – elected from legislative districts
apportioned among the provinces, cities and the Metropolitan
Manila area;
Legislative Districts - Shall comprise, as far as practicable,
contiguous, compacts and adjacent territory.
Apportionment of Legislative Districts
Maintain proportional representation based on number of inhabitants;
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* Each city with not less than 250 thousand inhabitants,
entitled to at least one (1) representative;
* Each province, irrespective of the number of inhabitants,
entitled to at least one (1) representative.
* Each district must be contiguous compact and adjacent.
Gerrymandering is not allowed.
b. Party-list Representatives – shall constitute 20% of the total
number of representatives elected through a party-list system of
registered national, regional and sectoral parties or
organizations.
o APPORTIONMENT: Rules for dividing 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.
o Reapportionment. Can be made thru a special law. (Mariano
v. COMELEC)
Correction of imbalance as a result of the increase in number
of legislative districts must await the enactment of
reapportionment law. (Montejo v. COMELEC)
-
Case: Bagabuyo v COMELEC
 Reapportionment – does not require a plebiscite
Section 6. No person shall be a Member of the House of
Representatives unless he is a natural-born citizen of the Philippines
 and, on the day of the election, is at least twenty five years of age, able
to read and write, and, except the party-list representatives, a
registered voter in the district in which he shall be elected, and a
resident thereof for a period of not less than one year immediately
preceding the day of the election.
Section 7. The Members of the House of Representatives shall be
elected for a term of three years which shall begin, unless otherwise
provided by law, at noon on the thirtieth day of June next following
their election. No Member of the House of Representatives shall serve
for more than three 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 is the period during which the official actually holds office.
Tenure is the period during which the official holds the office.
ii. Executive Powers (Articles 1,4, 17, and 18)
Section 1. The executive power shall be vested in the President of the
Philippines.
Executive Power. The power to enforce and administer the laws. The
Executive power shall be vested in the President of the Philippines who
is both "Head of State" and "Chief Executive."-Bernas Primer 1987
Executive Power, Scope
1. The scope of power is set forth in the Constitution specifically in
Article VII.
2. However, Executive power is more than the sum of specific powers
enumerated in the Constitution. It includes residual powers not
specifically mentioned in the Constitution. (Marcos v. Manglapus (1989).
The prosecution of crimes appertains to the Executive Department,
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whose responsibility is to see the laws are faithfully executed. (Webb v.
De Leon)
3. BUT the President cannot dispose of State property unless authorized
by law.
4. Enforcement and administration of election laws is the authority of the
COMELEC.
Executive Immunity from suit. Although the new Constitution has not
reproduced the explicit guarantee of presidential immunity from suit
under the 1973 Constitution, presidential immunity during tenure
remains as part of the law.
-Bernas Primer , 1987
Rules on Immunity during tenure
1. The President is immune from suit during his tenure.
2. He may be filed impeachment complaint during his tenure.
(Article XI)
3. The President may not be prevented from instituting suit (Soliven v.
Makasiar)
4. There is nothing in our laws that would prevent the President from
waiving the privilege. The President may shed the protection afforded
by the privilege. (Soliven v. Makasiar)
5. Heads of departments cannot invoke the presidents’ immunity (Gloria
v. CA)
Rules on Immunity after tenure
6. Once out of office, even before the end of the six year term, immunity
for non-official acts is lost. Such was the case of Joseph Estrada. (See
Bernas Commentary, p 834 (2010 ed.) It could not be used to shield a
non-sitting President from prosecution for
alleged criminal acts done while sitting in
office. (Estrada v. Disierto; See Romualdez v.
Sandiganbayan)
Executive Privilege. the power of the President to withhold certain
types of information from the public, from the courts, and from Congress.
Is properly invoked in relation to specific categories of information and
not to categories of persons.
Executive Power, Scope Presidential Deliberative
1. The scope of power is set forth in the Communications Process Privilege
Constitution specifically in Article VII. Privilege
2. However, Executive power is more than the sum of specific powers Pertains to Includes advisory
enumerated in the Constitution. It includes residual powers not communications, documents or opinions, recommendations
specifically mentioned in the Constitution. (Marcos v. Manglapus (1989) other and deliberations
The prosecution of crimes appertains to the Executive Department, materials that reflect comprising part of a
whose responsibility is to see the laws are faithfully executed. (Webb v. presidential decision process by which
De Leon)258 making and deliberations that the governmental
3. BUT the President cannot dispose of State property unless authorized President believes decisions and
by law. should remain confidential policies are
4. Enforcement and administration of formulated
election laws is the authority of the
COMELEC. Applies to decision Applies to decision
making of the President making of executive
Residual “unstated” powers. Residual Powers are those which are officials
implicit in and correlative to the paramount duty residing in that office
to safeguard and protect general welfare. Rooted in the constitutional Rooted on common
principle of separation of powers law privileges
Executive Power, Where Vested. President of the Philippines. Both and the President’s
"Head of State" and "Chief Executive."-Bernas Primer 1987 unique constitutional
role
Reasons for the Privilege:
1. Separation of powers. Applies to documents in
2. Public convenience. exercise of presidential duties and functions their entirety and covers
free from any hindrance or distraction, considering that the Chief final and post decisional
Executive is a job that, aside from requiring all of the office-holder’s materials as well as pre-
time, also demands undivided attention. But this privilege of immunity deliberative
from suit pertains to the President by virtue of the office and may be ones
invoked only by the holder of the office, not by any other person in the
President's behalf.

Executive Privilege and the Public

The Court held that this jurisdiction recognizes the common law holding
that there is a “governmental privilege against public disclosure with
respect to state secrets regarding military, diplomatic and other national
security matters and cabinet closed door meetings.” (Chavez v. PCGG)

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Power of Inquiry v. Executive Privilege
Requirement in invoking the privilege: formal claim of privilege.
“Congress has undoubtedly has a right to information from the executive
branch whenever it is sought in aid of legislation. If the executive branch
withholds such information on the ground that it is privileged, it must so
assert it and state the reason therefore and why it must be respected.”
(Justice Carpio Morales in Senate v. Ermita)
A formal and proper claim of executive privilege requires a specific
designation and description of the documents within its scope as well as
precise and certain reasons for preserving their confidentiality.
12) Neri v. Senate Committee Background:
This case is about the Senate investigation of anomalies concerning the
NBN-ZTE project. During the hearings, former NEDA head Romulo Neri
refused to answer certain questions involving his conversations with
President Arroyo on the ground they are covered by executive privilege.
When the Senate cited him in contempt and ordered his arrest, Neri filed
a case against the Senate with the Supreme Court. On March 25, 2008, the
Supreme Court ruled in favor of Neri and upheld the claim of executive
privilege.
Issues:
(1) Are the communications sought to be elicited by the three questions
covered by executive privilege?
(2) Did the Senate Committees commit grave abuse of discretion in citing
Neri in contempt and ordering his arrest?
Ruling:
(1) The SC said that the communications sought to be elicited by the
three questions are covered by the presidential communications
privilege, which is one type of executive privilege.
Using the elements of presidential communications privilege, the
SC is convinced that the communications elicited by the three (3)
questions are covered by the presidential communications privilege.
First, the communications relate to a “quintessential and non-delegable
power” of the President, i.e. the power to enter into an executive
agreement with other
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countries. This authority of the President to enter into executive
agreements without the concurrence of the Legislature has traditionally
been recognized in Philippine jurisprudence.
Second, the communications are “received” by a close advisor of the
President. Under the “operational proximity” test, petitioner can be
considered a close
advisor, being a member of President Arroyo’s cabinet.
Third, there is no adequate showing of a compelling need that would
justify the limitation of the privilege and of the unavailability of the
information elsewhere by an appropriate investigating authority. The
record is bereft of any categorical explanation from respondent
Committees to show a compelling or critical need for the answers to the
three (3) questions in the enactment of a law.
(2) Yes. The Supreme Court said that the Senate Committees committed
grave abuse of discretion in citing Neri in contempt. The following
reason among others was given by the Supreme Court:
Section 2. No person may be elected President unless he is a natural-born
citizen of the Philippines, a registered voter, able to read and write, at
least forty years of age on the day of the election, and a resident of the
Philippines for at least ten years immediately preceding such election.
1. Qualifications
1. Natural born citizen of the Philippines.
2. Registered voter
3. Able to read write
4. At least 40 years of age o the day of the election
5. A resident of the Philippines for at least 10 years immediately
preceding the election.
6. The ff must be taken into consideration:
a. bodily presence
b. animus manendi
c. animus revertendi
The candidate must be qualified on the day
of the elections.
Section 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.
What is the function of the Vice-President?
His only constitutional function is to be on hand to act as President
when needed or to succeed to the presidency in case of a permanent
vacancy in the office. The President may also appoint him as a Member
of the Cabinet. Such appointment does not need the consent of the
Commission on Appointments.
Section 4. The President and the Vice-President shall be elected by direct
vote of the people for a term of six years which shall begin at noon on the
thirtieth day of June next following the day of the election and shall end at
noon of the same date, six 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 four years shall be qualified for
election to the same office at any time.
1. Regular Election. The President (and Vice-President) shall be
elected by direct vote of the people. Unless otherwise provided by law,
the regular election for President (and Vice-President) shall be held on
the second Monday of May.
2. Special Election (Discussed under Section 10)
3. Congress as Canvassing Board. The returns of every election for
President and Vice-President, 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 thirty 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
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execution thereof in the manner provided by law, canvass the
votes. The Congress shall promulgate its rules for the canvassing of the
certificates.
Is the function of Congress merely ministerial?
Bernas: The function of Congress is not merely ministerial. It has
authority to examine the certificates of canvass for authenticity and due
execution. For this purpose, Congress must pass a law governing their
canvassing of votes.
Cruz: As the canvass is regarded merely as a Ministerial function, the
Congress shall not have the power to inquire into or decide questions
of alleged irregularities in the conduct of the election contest. Normally,
as long as the election returns are duly certified and appear to be
authentic, the Congress shall have no duty but to canvass the same and
to proclaim as elected the person receiving the highest number of votes
Justice Carpio Morales: This duty has been characterized as being
ministerial and executive.
Validity of Joint Congressional Committee.
Congress may validly delegate the initial determination of the
authenticity and due execution of the certificates of canvass to a Joint
Congressional Committee so long as the decisions and final report of
the said Committee shall be subject to the approval of the joint session
of Both Houses of Congress voting separately. (Lopez v. Senate, 2004)
COMELEC. There is no constitutional or
statutory basis for COMELEC to undertake a
separate and “unofficial” tabulation of result
whether manually or electronically. If Comelec is proscribed from
conducting an official canvass of the votes cast for the President and
Vice- President, the Comelec is, with more reason, prohibited from
making an “unofficial” canvass of said votes. (Brilantes v. Comelec,
2004) The proclamation of presidential and vicepresidential winners is
a function of Congress and not of Comelec (Macalintal v. COMELEC)
Congress may continue the canvass even after the final adjournment of
its session. The final adjournment of Congress does not terminate an
unfinished presidential canvass. Adjournment terminates legislation but
not the non-legislative functions of Congress such as canvassing of
votes. (Pimentel v. Joint Committee of Congress, 2004)
May Congress delegate the preliminary count of votes in a
presidential election to a Joint Committee. Yes, provided that the
Committee report be submitted for approval by the Congress as a body.
-Lopez v. Senate and House, G.R. No. 163556, June 8,2004. –Bernas
Primer 1987
4. Who will be proclaimed. 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.
5. Presidential Electoral Tribunal
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
Vice-President, and may promulgate its rules for the purpose.
The Presidential Electoral Tribunalis no other than the Supreme Court
itself. The new provision in the 1987 Constitution simply
constitutionalizes the decision of the Supreme Court in Lopez v. Roxas,
17 SCRA at 761. Macalintal v. PET, G.R. No. 191618, November 23,2010.
–Bernas Primer 1987
D. Term of Office
6 years. The President (and the Vice-President) shall be elected by
direct vote of the people for a term of six years.
Noon of June 30.Term hall begin at noon on the thirtieth day of June
next following the day of the election and shall end at noon of the same
date six years thereafter.
No re-election. The President shall not be eligible for any reelection.
If a Vice-President succeeds to the presidency, may he run for
President at the end of the term to which he succeeded as
President?
12
No person who has succeeded as President and has served as such for
more than four years shall be qualified for election to the same office
at any time.
Thus, if the Vice- President serves for less than 4 years, he may run for
election as president since in his case it would not be a re-election.-
Bernas Commentary, p. 842 2010 ed
Reason for prohibition on any reelection for Presidency. It was
thought that the elimination of the prospect of reelection would make
for a more independent President capable of making correct
even unpopular decisions.- Bernas , Commentary , p.841, 2010 ed.
He is expected to devote his attention during his lone term to the
proper discharge of his office instead of using its perquisites to ensure
his remaining therein for another term.
Section 17. The President shall have control of all the executive
departments, bureaus, and offices. He shall ensure that the laws be
faithfully executed.
A. Control. Control is the power of an officer to alter or modify or
nullify or set aside what a subordinate officer had done in the
performance of his duties and to substitute the judgment of the former
for that of the latter. The power of control necessarily includes the
power of supervision.
Supervision. Supervision means overseeing or the power or authority
of an officer to see that subordinate officer performs their duties. If the
latter fail or neglect to fulfill them, then the former may take such
action or steps as prescribed by law to make them perform these
duties.
Bernas Primer: Power of Supervision is the power of a superior officer
to “ensure that the laws are faithfully executed” by inferiors. The power
of supervision does not include the power of control; but the power of
control necessarily includes the power of supervision.
C. The President and Power of Control
1. Power of Control of the President
This is an element of the presidential system where the President is
“the Executive of the government.” The power to prepare the budget of
the government strengthens the President’s position as administrative
head.
2. Scope
a. The President shall have control of all the executive departments,
bureaus, and offices.
b. Does the President have control over officers of government-
owned Corporations?
Yes. However, it is submitted that such power over government-owned
corporations comes not from the Constitution but from statute. Hence,
it may also be taken away by statute. – Bernas Primer , 307 ,1987
3. Section 17 is a self-executing provision
The President derives power of control directly from the Constitution
and not from any implementing legislation. Such a law is in fact
unnecessary and will even be invalid if it limits the exercise of his
power or withdraws it altogether from the President.
4. Power of Control is not the source of the
Executive’s disciplinary power
His disciplinary power flows from his power to appoint. (Ang-Angco v.
Castillo)329
D. Alter Ego Principle; Doctrine of Qualified Political Agency
1. Doctrine
The doctrine recognizes the establishment of a single executive. The
doctrine postulates that, “All executive and administrative
organizations are adjuncts of the Executive Department, the heads of
the various executive departments are assistants and agents of the
Chief Executive, and, (except in cases where the Chief Executive is
required by the Constitution or law to act in person or the exigencies of
the situation demand that he act personally,) the multifarious executive
13
and administrative functions of the Chief Executive are performed by
and through the executive departments, and the acts of the secretaries
of such departments, performed and promulgated in the regular
course of business, are, unless disapproved or reprobated by the
Chief Executive presumptively, the acts of the Chief Executive.
2. When Doctrine not Applicable
Does NOT apply if the President is required to act in person by law
or by the Constitution. Example: The power to grant pardons must be
exercised personally by the President.
3. Reason for the Doctrine
He is not expected to exercise all his powers in person. He is expected
to delegate some of them to men of his confidence, particularly to
members of his Cabinet. Thus ,out of this practical necessity has risen
what has come to be referred to as “doctrine of qualified political
agency.”
4. Power of Control exercised by the ES
The Executive Secretary when acting “by authority of the President”
may reverse the decision of another department secretary. (Lacson-
Magallanes v. Pano)
E. Power of Supervision over LGUs
The power of the President over local governments is only one of
general supervision. The President can only interfere in the affairs and
activities of a local government unit if he finds that the latter had acted
contrary to law
F. Faithful Execution Clause; Take Care Clause
The President shall ensure that the laws be
faithfully executed. (Section 17 2nd sentence) Includes the
Constitution, statutes, judicial decisions,
administrative rules and regulations and municipal ordinances, as well
as treaties entered into by government.
This power of the President is not limited to the enforcement of acts of
Congress according to their express terms. The President’s power
includes “the rights and obligations growing out of the Constitution
itself, international relations, and all the protection implied by the
nature of the government under the Constitution.
The reverse side of the power to execute the law is the duty to carry it
out.
President has a duty to execute it regardless of his doubts on its
validity. A contrary opinion would allow him not only to negate
the will of legislature but also to encroach upon the prerogatives of the
judiciary.
Section 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 sixty days, suspend the privilege of
the writ of habeas corpus or place the Philippines or any part thereof
under martial law. Within forty-eight 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. 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 twenty-four hours following
such proclamation or suspension, convene in accordance with its rules
without need of a call.
The Supreme Court 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 or the extension thereof,
and must promulgate its decision thereon within thirty 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,
14
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.
The suspension of the privilege of the writ shall apply only to persons
judicially charged for rebellion or offenses inherent in or directly
connected with invasion.
During the suspension of the privilege of the writ, any person thus
arrested or detained shall be judicially charged within three days,
otherwise he shall be released.
A. The Military Power (1987 Bar Question)
Article II, Section 3 that “civilian authority is at all times, supreme over
the military.” By making the President the commander-in-chief of all
the armed forces, the Constitution lessens the danger of military take-
over of the government in violation of its republican nature.
The military power enables the President to:
1. Command all the armed forces of the
Philippines;
2. Suspend the privilege of the writ of
habeas corpus
3. Declare martial law
B. Commander-in-Chief Clause; Calling Out Power
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. (Section 18, 1st sentence)
1. Power over the Military.
The President has absolute authority over all
members of the armed forces. (Gudani v. Senga, 2006) He has control
and direction over them. - Bernas Commentary , 897, 2010 ed.
. A military officer who disobeys
the President’s directive may be made to answer before a court
martial.
2. Civilian Supremacy (Bernasian view) Is the President a member
of the armed forces?
Dichotomy of views:
Sinco: The President is not only a civil official.
As commander-in-chief of all armed forces, the President is also a
military officer. This dual role given by the Constitution to the
President is intended to insure that the civilian controls the military.
Bernas: The weight of authority favors the position that the President
is not a member of the armed forces but remains a civilian.
The President’s duties as Commander-in-Chief represent only a part of
the organic duties imposed upon him. All his other functions are clearly
civil in nature.
3. Calling Out Power under Section 18 (2006 Bar Question)
a. Most Benign power of Section 18
The invocation of the “calling out” power stands as a balanced means
of enabling a heightened alertness in dealing with the armed threat.
b. Vests no new constitutional or statutory
powers.
At most, it can only renew emphasis on the duty of the President to
execute already existing laws without extending a corresponding
mandate to proceed extra constitutionally or extra-legally. Indeed, the
“calling out” power does not authorize the President or the members of
the Armed Forces to break the law.
c. Declaration of State of Rebellion.. The declaration cannot diminish
or violate constitutionally protected rights.
d. Declaration of a “state of national emergency”. The President can
validly declare a state of national emergency even in the absence of
congressional enactment. (David v. Ermita) (2006 Bar Question)
e. President’s action in calling out the armed forces, and judicial
review. Unlike the suspension of the privilege of writ of
15
habeas corpus, not subject to judicial review.
C. Suspension of the Privilege
1. Writ of HC
The writ. The writ of habeas corpus is a writ directed to the person
detaining another, commanding him to produce the body of the
prisoner at a designated time and place, with the day and cause of his
caption and detention, to do, to submit to, and receive whatever the
court or judge awarding the writ shall consider in his behalf.(Bouvier’s
Law Dictionary) (Hence, an essential requisite for the availability of the
writ is actual deprivation of personal liberty) (Simply put, a writ of
habeas corpus is a writ of liberty)
Purpose. The great object of which is the liberation of those who may
be in prison without sufficient cause.
2. Privilege of the writ of HC Privilege. It is the right to have an
immediate determination of the legality of the deprivation of physical
liberty.
3. Suspension of the privilege. In case of invasion or rebellion, when
the public safety requires it, [the President] may, for a period not
exceeding sixty days, suspend the privilege of the writ of habeas corpus.
Suspension of the Privilege, Meaning.
Suspension of the privilege does not suspend the writ itself, but only its
privilege. This means that when the court receives an application for
the writ, and it finds the petition in proper form, it will issue
the writ as a matter of course. If the return to the writ shows that the
person in custody was apprehended and detained in areas where the
privilege of the writ has been suspended or for crimes mentioned in the
executive proclamation, the court will suspend further proceedings in
the action. (1997 Bar Question)
What is suspended is merely the right of individual to seek release
from detention through the writ of habeas corpus.
(Aberca v. Ver, 160 SCRA 590)
4. General Limitations on the power to suspend the privilege
1. Time limit of 60 days
2. Review and possible revocation by Congress
3. Review and possible nullification by SC
-Bernas Primer 1987,p 311
5. To whom Applicable. The suspension of the privilege of the writ
shall apply only to persons judicially charged for rebellion or offenses
inherent in or directly connected with invasion.
12. Role of Supreme Court
The Supreme Court 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 or the
extension thereof, and must promulgate its decision thereon within
thirty days from its filing.
E. Martial Law

6. Effect on Applicable Persons. During the suspension of the 1. Martial Law, Definition. Martial law in its strict sense refers to that
privilege of the writ, any person thus arrested or detained shall be law which has application when civil authority calls upon the military
judicially charged within three days, otherwise he shall be released. arm to aid it in its civil function.
(Article VI Section 18)
Military arm does not supersede civil authority .Martial law in the
The suspension of the privilege of the writ does not impair the right to Philippines is imposed by the Executive as specifically authorized and
bail. (Article III Section 13) within the limits set by the Constitution. – Bernas Commentary , p 899,
2010 ed.
7. (Grounds) Factual Bases for Suspending the Privilege (1997 Bar
Question) 2. Martial Law, Nature
1. In case of invasion or rebellion a. Essentially police power. Public safety is the concern of police
2. When the public safety requires it. power. Under martial law, police power is exercised by the executive
with the aid of the military.
8. Four Ways to Lift the Suspension b. Scope of Martial Law: Flexible Concept. Martial law is a flexible
1. Lifting by the President himself concept. Martial law depends on two factual bases:
2. Revocation by Congress (1) the existence of invasion or rebellion; and
3. Nullification by the Supreme Court (2) the requirements of public safety.
4. By operation of law after 60 days

9. Duty of the President 3. Proclamation of Martial Law. In case of invasion or rebellion,

Within forty-eight hours from the proclamation of martial law or the when the public safety requires it, [the President] may, for a period
suspension of the privilege of the writ of habeas corpus, the President not exceeding sixty days, suspend the privilege of the writ of habeas
shall submit a report in person or in writing to the Congress. corpus or place the Philippines or any part thereof under martial law.

11. Role of Congress Is the imposition of martial law or the suspension of the privilege
a. Congress convenes a political question?
b. Congress may either revoke or (with President’s initiative) extend No. "Supreme Court 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 or the

16
extension thereof and must promulgate its decision thereon within
thirty days from its filing."- Bernas Primer 1987, p 312
4. General Limitations on the power to proclaim
1. Time limit of 60 days
2. Review and possible revocation by Congress
3. Review and possible nullification by SC
5. Effects of Proclamation of Martial Law
A State of martial law does not:
1. Suspend the operation of the Constitution
2. Supplant the functioning of the civil courts or legislative assemblies
3. Authorize the conferment of jurisdiction on
military courts and agencies over where civil
courts are able to function
4. Automatically suspend the privilege of the writ. (Section 18)
The President can:
1. Legislate
2. Order the arrest of people who obstruct the
war effort.
iii. Judicial Powers (Articles 1,4,5,6,7,11)
Section 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 is "the right to determine actual controversies arising
between adverse litigants, duly instituted in courts of proper
jurisdiction."
17
It is "the authority to settle justiciable controversies or disputes
involving rights that are enforceable and demandable before the courts
of justice or the redress of wrongs for violation of such rights."
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."
Abuse of Discretion: “…an evasion of positive duty or a virtual refusal
to perform a duty enjoined by law, or to act at all in contemplation of law,
as where the power is exercised in an arbitrary and despotic manner by
reason of passion or hostility.”
Role of legislature in the judicial process: “(1) defining such
enforceable and demandable rights and prescribing remedies for
violations of such rights; and (2) determining the court with jurisdiction
to hear and decide controversies or disputes arising from legal rights.”
Section 4. (1) The Supreme Court shall be composed of a Chief Justice and
fourteen Associate Justices. It may sit en banc or in its discretion, in division
of three, five, or seven Members. Any vacancy shall be filled within ninety
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 Supreme Court 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 presidential decrees, 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 three 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.
Section 5. The Supreme Court 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, presidential decree,
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.
(3) Assign temporarily judges of lower courts to other stations as public
interest may require. Such temporary assignment shall not exceed six
months without the consent of the judge concerned.
(4) Order a change of venue or place of trial to avoid a miscarriage of
justice.
18
(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 underprivileged. 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 Supreme Court.
(6) Appoint all officials and employees of the Judiciary in accordance with
the Civil Service Law.
Original Jurisdiction over: “ambassadors, public ministers, and
consuls; as well as petitions for (CPMQH) certiorari, prohibition,
mandamus, quo warranto, and habeas corpus”
Appellate Jurisdiction over: “constitutionality of treaties, legality of tax
and penalties thereto, issues of jurisdiction of lower courts, criminal
cases of reclusion perpetua or higher, and pure questions of the law
(academic).”
Members per division: either three justices, five, or seven. The purpose
of allowing up to five divisions within one court is to ensure the speedy
disposition of cases. Maximum of 5 divisions, 3 justices each; only 15
justices in total.
Section 6. The Supreme Court shall have administrative supervision over
all courts and the personnel thereof.
Paragraphs 3,4,5, and 6 are administrative functions of Section 5
enumerate these functions.
Section 7. (1) No person shall be appointed Member of the Supreme Court
or any lower collegiate court unless he is a natural-born citizen of the
Philippines. A Member of the Supreme Court must be at least forty years of
age, and must have been for fifteen 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.
This section enumerates the requisites for qualifying as a justice.
Section 11. The Members of the Supreme Court and judges of lower courts
shall hold office during good behavior until they reach the age of seventy
years or become incapacitated to discharge the duties of their office. The
Supreme Court 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.
This section states the retirement age and puts into writing the power
of the department to discipline its members.
ARTICLE IX: CONSTITUTIONAL COMMISSIONS
3.i. COMMON PROVISIONS
Section 1. The Constitutional Commissions, which shall be
independent, are the Civil Service Commission, the Commission on
Elections, and the Commission on Audit.
In addition to the three main branches or departments of the
government, The Legislative, the Executive, and the Judicial, the
constitution creates three other equal bodies, namely:
 The Civil Service Commission
 The Commission on Elections
19
 The Commission on Audit
Two other independent offices created by the constitution are:
 The Tanod Bayan (Article XI, sec. 5)
 The Commission on Human Rights (Art. XIII, Sec 17)
Independent Bodies. The constitution doesn’t want that the three
branches should interfere with their work. These bodies performs
important functions.
Section 2. No member of a Constitutional Commission shall, during his
tenure, hold any other office or employment. Neither shall he engage in
the practice of any profession or in the active 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
government-owned or controlled corporations or their subsidiaries.
Prohibition on members
The prohibitions imposed on the members during their
continuance in office are similar to those imposed on the President and
the Vice- President. (Art. VII, Sec. 13)
Section 3. The salary of the Chairman and the Commissioners shall be
fixed by law and shall not be decreased during their tenure.
Compensation of members
Their annual salaries may be increased during their tenure in
office because there is no prohibition by the constitution against such
increase.(Art. 7, sec. 10; Art XVIII,Sec. 17)
Section 4. The Constitutional Commissions shall appoint their officials
and employees in accordance with law.
Appointment and Removal for officials and employees.
As independent bodies like the three branches of the government,
the constitutional commissions have accordingly, the power to appoint
their own officials and employees and to remove them.
Section 5. The Commission shall enjoy fiscal autonomy. Their approved
annual appropriations shall be automatically and regularly released.
Fiscal Autonomy
The constitutional commissions enjoy fiscal autonomy to strengthen
their independence in the performance of their duties.(Article VIII, Sec.
3)
Section 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.
Rules of procedure
Like congress and the supreme court, each constitutional
commission is authorized to promulgate its own rules to govern
proceedings or hearing of cases before it.
Section 7. Each Commission shall decide by a majority vote of all its
Members, any case or matter brought before it within sixty 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
20
may be brought to the Supreme Court on certiorari by the aggrieved
party within thirty days from receipt of a copy thereof.
Rendition of decision and judicial review
Any case or matter brought before each commission must be
decided by a majority vote of all its members within sixty days from the
date of its submission for decision. (Art. VIII, Sec.5 [2])
Section 8. Each Commission shall perform such other functions as may be
provided by law.
Additional functions under the law
In addition to their functions as provided in the constitution,
congress by means of law, may give each commission other functions.
3. ii. THE CIVIL SERVICE COMMISSION
Section 1. (1) The civil service shall be administered by the Civil Service
Commission composed of a Chairman and two Commissioners who shall
be natural-born citizens of the Philippines and, at the time of their
appointment, at least thirty-five years of age, with proven capacity for
public administration, and must not have been candidates for any elective
position in the elections immediately preceding their appointment.
(2) The Chairman and the Commissioners shall be appointed by the
President with the consent of the Commission on Appointments for a term
of seven years without reappointment. Of those first appointed, the
Chairman shall hold office for seven years, a Commissioner for five years,
and another Commissioner for three years, without appointment.
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.
Composition. It is composed of (3) members- a chairman and two
commissioners. (Sec.1 [1])
Appointments and Terms of Office. The first appointees have
different terms- seven, five, and three years.
Because they start their term on a common date, the term of only one
Commissioner will expire every two (2) years.
Appointment in a temporary capacity is not allowed. (Sec. 1 [2])
Reasons for creation of the Commission
A civil service commission which is created by law may be abolished or
its organizational structure changed by congress anytime.
Congress may also pressure the commission to give favorable rulings
by granting or wit holding action on request for funds.
The President may change decisions made by Commission if it is placed
under the Executive department.
Independence from these branches of government is truly important,
for this will allow the CSC to resist interference from politicians in
seeing to it that appointment and promotion of employees in our civil
service are made only through merit and fitness.
Section 2. (1) The civil service embraces all branches, subdivisions,
instrumentalities, and agencies of the Government, including
government-owned or controlled corporations with original charters.
(2) Appoints in the civil service shall be made only according to merit and
fitness to be determined, as far as practicable, and, except to positions
which are policy- determining, primarily confidential, or highly technical,
by competitive examination.
(3) No officer or employee of the civil service shall be removed or
suspended except for cause provided by law.
21
(4) No officer or employee in the civil service shall engage, directly or
indirectly, in any electioneering or partisan political campaign.
(5) The right to self-organization shall not be denied to government
employees.
(6) Temporary employees of the Government shall be given such
protection as may be provided by law.
Meaning of Civil Service
This term Civil Service refers to the group of professional workers
in government. It may also refer to that part of the public service where
selection of officials and employees is determined by the merit system.
The term “career service” is also used because these workers have
made the government service a lifetime career.
Scope of the Civil Service
The Civil Service includes all government agencies and branches,
as well as government owned or controlled corporations with original
charters. Thus, the requirements and benefits of the Civil Service
System apply to the whole governmental organization. (Sec.2 [1])
The Merit system
The hiring of the great bulk of government employees must be
made according to merit and fitness (Sec.2 [2)]
Qualifying examinations help determine a person’s ability or
competence to perform certain tasks or duties.
Non- competitive positions
The following are positions which are non- competitive, that is,
they need not be filled on the basis of competitive examinations:
1. Policy determining
 Where the occupant formulates government policies, like a
member of the cabinet;
Protection of temporary employees
2. Primary confidential
Do not enjoy security of tenure.
Where the occupant is fully trusted by the appointing power, like a
member of the Cabinet or a private secretary; and They may be replaced any time.

3. Highly technical The constitution mandates that temporary employees in the

government be given protection by law. (Sec.2 [6])
Where the occupant is required to be highly skilled, like a scientist.

Guarantee of the security of Tenure

Government officers and employees of the civil service enjoy security of
tenure.
Sec. 2 (3) assures that they shall not be removed from service or
suspended, except for inefficiency or other good reasons,I.e., “for cause
provided by law.”
Powers and functions of the commission
Section 3. In the performance of its powers and functions, the
Commission, as the central personnel agency of the government, shall be
guided by the objectives as laid down by the Constitution in Sec. 3.
Importance of Permanent civil service

The guarantee does not apply to those holding non- competitive
positions.
Prohibition against electioneering and other partisan political
campaign
The phrase electioneering and other partisan political campaign
means any political activity designed to have a candidate elected or not
to a public office (Art. V)
Civil servants are expected to be politically neutral so that they can
devote their full attention to their duties. Their loyalty should be to the
public service and not to politicians. They do not belong to the civil
service. (Sec. 2 [4])
Right of Government employees to self-organization
Performs the manifold tasks of government
The work of the government would never be done if there were only
the legislators, Cabinet member, and other heads of offices to do it.
These people cannot be expected to collect taxes, audit accounts,
arrest criminals, to say nothing of keeping books, delivering mails, and
carrying messages.
Furnish information and experience to heads of offices and policy-
makers
It is this great body of men and women that brings the government into
daily contacts.
3. iii. COMMISSION ON ELECTIONS

Government employees have the right to organize and form

Section 1.
unions to promote their interests (Sec.2 [5])
1. Members
Existing laws deny the right to strike to government personnel.

22
  Chairman 7. Recommend to congress ways to minimize election spending
 6 commissioners 8. Recommend to president removal of any officer or employee it
 Qualifications has deputized or the imposition of any other disciplinary action
 Natural-born 9. Submit to President and Congress comprehensive report on
 At least 35 years of age the conduct of each election, plebiscite, initiative, referendum, or recall.
 Holders of college degree Section 3.
 Not have been candidates for any elective
position 1. COMELEC may sit en banc or in two divisions; shall promulgate
 Majority shall be members of Philippine Bar its rules of procedure in order to expedite disposition of
who have been engaged in the practice of law election cases; motions for reconsideration decisions shall be
for at least ten years decided by the commission en banc.
2. Members appointed by President with consent of Commission
on Appointments for a term of 7 years without reappointment. Section 4.

Section 2. 1. Supervision and regulation of the enjoyment of all franchises

or permits for:
1. Powers and functions: a. operation of transportation and other public utilities
 Enforce and administer all laws and regulations b. media communication or information
relative to conduct of an c. all grants, special privileges, concessions granted by the
 Election government or any subdivision
 Plebiscite 2. Supervision shall aim to ensure equal opportunity, time and
 Initiative space, and the right to reply
 Referendum
Section 5.
 Recall
2. Election contests involving elective municipal and brgy offices 1. No pardon, amnesty, parole or suspension of sentence for
shall be final, executory, and not appealable. violation of election laws shall be granted by the President
without favorable COMELEC recommendation.
3. Decide all questions affecting elections (except right to vote)
including: Section 6.
a. Determination of number and location of polling places
1. Free and open party system shall be allowed to evolve
b. Appointment of election officials and inspectors
according to free choice of people.
c. Registration of voters
4. Deputize law enforcement agencies and instrumentalities of Section 7.
government for exclusive purpose of ensuring free, orderly, honest,
peaceful, and credible elections. 1. No votes cast in favor of parties shall be valid except those
5. Register parties and present platforms or program of registered under party list system as provided by this
government Constitution.
6. File petition in court for inclusion or exclusion of voters;
Section 8.
investigate and prosecute cases of violations of election laws

23
 1. 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,
board of canvassers, or other similar bodies. However, they
shall be entitled to appoint poll watchers in accordance with
law.
Section 9.
1. Election period shall commence 90 days before election and
shall end 30 days thereafter.
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 government-owned or controlled
corporations with original charters, and on a post- audit basis:
a. constitutional bodies, commissions and offices that have been
granted fiscal autonomy under this Constitution;

Section 10. b. autonomous state colleges and universities; (c) other

government-owned or controlled corporations and their subsidaries;
1. Bona fide candidates for any public office shall be free from and
any form of harassment and discrimination.
Section 10. c. such non-governmental entities receiving subsidy or equity,
directly or indirectly, from or through the Government, which are
1. Funds certified by the commission as necessary to defray the required by law or the granting institution to submit to such audit as a
expenses for holding regular and special elections shall be condition of subsidy or equity. However, where the internal control
released automatically upon certification by the Chairman of system of the audited agencies is inadequate, the Commission may
the Commission. adopt such measures, including temporary or special pre-audit, as are
necessary and appropriate to correct the deficiencies. It shall keep the
3. iv. COMMISSION ON AUDIT general accounts of the Government and, for such period as may be
Section 1. provided by law, preserve the vouchers and other supporting papers
pertaining thereto.
1. Members:
a. Chairman and 2 commissioners
i.Natural born 2. The Commission shall have exclusive authority, subject to the
ii.At least 35 years of age limitations in this Article, to define the scope of its audit and
iii.Or members of the Philippine bar who have been engaged in practice of examination, establish the techniques and methods required therefor,
law for at least 10 years and promulgate accounting and auditing rules and regulations,
iv.Must not have been candidates for any elective position in the elections including those for the prevention and disallowance of irregular,
immediately preceding their appointment. unnecessary, excessive, extravagant, or unconscionable expenditures,
2. Shall be appointed by the President with the consent of CA for or uses of government funds and properties.
a term of seven years without reappointment. No member shall
be appointed or designated in a temporary or acting capacity. Section 3. No law shall be passed exempting any entity of the
Government or its subsidiary in any guise whatever, or any investment
Section 2. of public funds, from the jurisdiction of the Commission on Audit.

24
Section 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 government-owned or
controlled corporations, 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.
4. COMMISSION ON HUMAN RIGHTS
Independent Constitutional Office of the Commission on Human
Rights; ARTICLE XIII (Bernas)
SOCIAL JUSTICE AND HUMAN RIGHTS
Section 1. The Congress shall give highest priority to the enactment of
measures that protect and enhance the right of all the people to human
dignity, reduce social, economic, and political inequalities, and remove
cultural inequities by equitably diffusing wealth and political power for the
common good.
To this end, the State shall regulate the acquisition, ownership, use, and
disposition of property and its increments.
Translates the principle of more in law for those who have less in life into
a duty of the state to attend "to the enactment of measures that protect
and enhance the right of all the people to human dignity, reduce
social, economic, and political inequalities, and remove cultural
inequities by equitably diffusing wealth and political power for the
common good."
It should be noted that one goal is to "reduce," and not remove,
inequalities, because inequalities by themselves are not evil. Cultural
inequities, however, are evil and therefore must be "removed." And since
the goals embodied in the command are to be achieved through
legislation, the task is given to Congress. It is, moreover, given as a task
of the "highest priority" is deliberate. It communicates the message that
25
what is expected of Congress is not just the exercise of day to day police
power but of powers needed to achieve radical social reform of critical
urgency.
The route to achieving social justice is presented as consisting of two
principal tracks: first, according to the second paragraph of Section 1,
there must be regulation of the acquisition, ownership, use, and disposition
of property and its increments, and second, according to Section 2,
Congress should create economic opportunities based on freedom of
initiative and self-reliance. The ideas of freedom of initiative and self-
reliance are placed in Section 2 in order to convey the message that these
should not be allowed to impede the creation of a just social structure
through regulation.
Moreover, the task of creating wealth is made to follow the task of
diffusing wealth because even now, in the present economic state of the
nation and quite independently of the need to create more wealth, there
already is the urgent need for diffusion of existing wealth. The
sequencing thus follows the order of priorities established in Section 1
of Article XII.
It should also be noted that, while Section 1 puts down a dual goal of
diffusing economic wealth and political power, the second paragraph of
Section 1 and all of Section 2 deal only with wealth. In a situation of
extreme mass poverty, political rights, no matter how strongly
guaranteed by the Constitution, become largely rights enjoyed by the
upper and middle classes arid are a myth for the underprivileged.
Without the improvement of economic conditions there can be no real
enhancement of the political rights of all the people.
Section 2. The promotion of social justice shall include the commitment
to create economic opportunities based on freedom of initiative and self-
reliance.
Social justice. In the Constitution is principally the embodiment of the
principle that those who have less in life should have more in law. It
commands a legal bias in favor of those who are underprivileged. The Section 3. No person shall be a senator unless he is a natural-born citizen
import of social justice that has developed in various decisions is that of the Philippines, and, on the day of the election, is at least thirty-five
when the law is clear and valid, it simply must be applied; but when the years of age, able to read and write, a registered voter, and a resident of
law can be interpreted in more ways than one, an interpretation that the Philippines for not less than two years immediately preceding the day
favors the underprivileged must be favored. There have been decisions, of election.
in fact, where on social justice grounds; the Supreme Court has awarded
separation pay to workers even when dismissal was for cause. Section 4. The term of office of the Senators shall be six years and shall
commence, unless otherwise provided by law, at noon on the thirtieth day
For all its liberality to the underprivileged, however, it does not tolerate of June next following their election.
behavior that is contrary to law. But as will be seen, the 1987
Constitution advances beyond what was in previous Constitutions in No Senator shall serve for more than two consecutive terms. Voluntary
that it seeks not only economic social justice but also political social renunciation of the office for any length of time shall not be considered as
justice. an interruption in the continuity of his service for the full term for which
he was elected.
However, of the protection of the right to social justice and of the body
of social rights in terms of effectivity of protection, is not the same as Composition of Election of Senate
when one speaks of the protection for the right, for instance, of free Senate is composed of twenty-four (24) senators elected at large
speech. The guarantees of the civil and political rights found principally
in the Bill of Rights are self-executory and ready for use. “elected at large” – intends to make the senate, a training
ground for national leaders
Social rights are a different phenomenon. Except to the extent that they
prohibit government from embarking in activity contrary to the ideals of Qualifications of a Senator
social justice, they generally are not rights in the strict sense that the
1. Natural-Born Citizen
rights in the Bill of Rights are Social rights are latecomers in the
2. AT LEAST thirty-five (35) years of age on the day of the
development of law and came about through the efforts of social
election
philosophers and through the social teachings of Popes. In legal
3. Able to read and write
effectiveness they are primarily in the nature of claims or demands which
4. Registered voter
people expect government to satisfy, or they are ideals which government
5. Resident of the Philippines for NOT LESS THAN Two (2) years
is expected to respect. Thus, in the nature of things, the satisfaction of
immediately preceding the dat of election
these demands must for the most part depend on legislation.
“On the day of the election” means the day the votes are cast.

5. LEGISLATIVE DEPARTMENT
Term of office

Section 2. The Senate shall be composed of twenty-four senators who 1. Term – 6 years
shall be elected at large by the qualified voters of the Philippines, as may 2. Commencement of term – 12:00 noon of June 30 following
be provided by law. their election

26
 3. Limitation – A Senator may not serve for more than two every census, the Congress shall make a reapportionment of legislative
consecutive terms. districts based on the standards provided in this section.
4. Effect of Voluntary Renunciation - Voluntary renunciation of
office for any length of time shall not be considered as an (4) Within three years following the return of every census, the Congress
interruption in the continuity of his service for the full term for shall make a reapportionment of Legislative Districts based on the
which he was elected. standards provided in this section.
5. Staggering of Terms - The Senate shall not at any time be
completely dissolved. One-half of the membership is retained
as the other half is replaced or reelected every three years. Composition of House of Representatives
6. Reason for Staggering - The continuity of the life of the Senate
 The House of Representatives shall be composed of two
is intended to encourage the maintenance of Senate policies as
hundred and fifty (250) members
well as guarantee that there will be experienced members who
o “unless otherwise fixed by law”
can help and train newcomers in the discharge of their duties.
 Reapportionment. Sec. 5(4)
District and Party-list Representatives  Creating new districts by creating
new provinces
Section 5. (1) The House of Representatives shall be composed of not  Number of Inhabitants (Population)
more than two hundred and fifty members, unless otherwise fixed by law,
 Follows the ratio 1 representative =
who shall be elected from legislative districts apportioned among the
250,000 population
provinces, cities, and the Metropolitan Manila area in accordance with
the number of their respective inhabitants, and on the basis of a uniform
 Classifications of Representatives
and progressive ratio, and those who, as provided by law, shall be elected
o District Representative
through a party-list system of registered national, regional, and sectoral
 one Legislative District = one representatives
parties or organizations.
 Elected by District
(2) The party-list representatives shall constitute twenty per centum of o Party-List Representatives
the total number of representatives including those under the party-list.  elected through the Party-List System (R.A.
For three consecutive terms after the ratification of this Constitution, one- 7941)
half of the seats allocated to party-list representatives shall be filled, as  represented by “marginalized,
may be provided by law, by selection or election from the labor, peasant, underrepresented and underprivileged”
urban poor, indigenous cultural communities, women, youth, and such parties
other sectors as may be provided by law, except the religious sector. o Sectoral Representatives
 existed only until 1998
(3) Each legislative district shall comprise, as far as practicable,  Includes the parties from Labor, Peasant,
contiguous, compact and adjacent territory. Each city with a population urban poor, indigenous cultural communities,
of at least two hundred fifty thousand, or each province, shall have at women, youth and other sectors as may be
least one representative. (4) Within three years following the return of provided by law
 DOES NOT INCLUDE Religious Sector

27

o Rules of Apportionment
 Legislative Districts shall be apportioned
among the provinces, cities and the
Metropolitan Manila area in accordance with
the number of their respective inhabitants
 Shall be Contiguous, compact, and adjacent
territory
 Prohibits “Gerrymandering”
o Creation of representative
districts out of separate
portions of territory in order
to favor a candidate.
 Each city or province with at least two-
hundred fifty thousand population is entitled
to one representative
 “Proportional Representation”
 Within three (3) years following the return
of every census
Party-list System
- Promotes Proportional Representation in the election of
representatives in the House of Representatives
- Organizations or Coalitions belonging to the “marginalized”,
“underrepresented”, and “underprivileged” sectors
Number of Party-list Representatives
28
- the party-list representatives constitutes twenty percent
(20%) of the total number of representatives
The Party-list System Act (R.A. 7941)
Stages in filling the seats under the party-list representatives
CARPIO FORMULA
STAGE 1:
Determine the Two Percenters or those party lists with at least 2% of
the total votes cast
1. The qualified parties shall be ranked from highest to
lowest based on the percentage share of the total
number of party-list votes they garnered during the
party-list election.
2. The Two Percenters are entitled to one guaranteed
seat each.
Formula:
Two (2) percent and above = One Seat
STAGE 2:
1. The remaining number of seats is determined after the number
of seats allocated in the first stage is subtracted from the total
number of party-list seats.
Formula:
Total No. of Seats – Seats taken in Stage 1 = Remaining Seats
 2. The percentage of share of each Two Percenter is multiplied by Stage 2; 37 Remaining Seats
the remaining number of seats. The whole integer of the
product corresponds to the number of additional seats of
each two percenters.

Formula: Stage 3; entitled to 2 additional seats

TwoPercenter Vote % x Remaining Seats = Additional
Seats

NOTE: If the whole integer is larger than two, only two additional seats
are awarded to the said TwoPercenter. *all parties shall undergo the first stage before proceeding to the next
stage and so on.

STAGE 3:
PRIVILEGE FROM ARREST AND PARLIAMENTARY FREEDOM FROM
1. If there are still available seats to be distributed, then only those SPEECH AND DEBATE
parties that do not receive any seats in stage 2 are entitled to
one party-list seat.
Section 11.
2. The first remaining seat is assigned to the highest ranking party
that does not receive a seat in 2. (1) A Senator or Member of the House of Representatives shall,
in all offenses punishable by not more than six years
3. The next ranking parties are assigned one seat each until all the imprisonment, be privileged from arrest while the Congress
remaining seats are exhausted. is in session.
(2) 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.

Sample Session – entire period from its initial convening until its final
adjournment
TOTAL NO. OF PARTY-LIST VOTES - 15, 337, 808
Reason. Privilege is intended to ensure representation of the
NO. OF AVAILABLE SEATS - 54 constituents of the member of Congress by preventing attempts to keep
BUHAY No. of Votes = 1,169,338 him from attending sessions whether regular or special and whether
or not the legislator is actually attending a session
Stage 1; entitled to 1 seat
Privilege is not available while the Congress is in recess.

29
Reason. To protect the legislator against harassment which will keep
him away from legislative sessions, there is no point in extending the
privilege to the period when the Congress is not in session.
Privilege is personal to each member of the legislature, and must be
asserted at the proper time and place; otherwise it will be considered
waived; not granted to Congress but to its members
The provision says privilege from arrest; it does not say privilege from
detention.
Case: PP vs Jalosjos
 Jalosjos was convicted for rape and detained in prison. He
requests that he be allowed to attend the session of the
Congress.He argues on the basis of popular sovereignty and the
need for his constituents to be represented.
 Court ruled that members of Congress are not exempt
from detention for crime. They may be arrested, even
when the House in session, for crimes punishable by a penalty
of more than six months.
Case: Paredes v. Sandiganbayan
The Court held that the accused cannot validly argue
that only his peers in the House of Representatives can
suspend him because the court-ordered suspension is a
preventive measure that is different and distinct from
the suspension ordered by his peers for disorderly
behavior which is a penalty.
Difference between the 1935, 1973 and 1987 provision on the
Privilege from Arrest:
1935 constitution: privilege was limited to civil arrests only and does
not protect legislators from criminal arrests
30
1973 constitution: legislator is privileged from arrest both for civil
and criminal provided that the criminal offense was not punishable by a
penalty of more than six years imprisonment
The 1973 provision also said that "the Batasang Pambansa
shall surrender the Member involved to the custody of the law
within twenty-four hours after its adjournment for a recess or
its next session, otherwise such privilege shall cease upon its
failure to do so."
1987 constitution: adapted the 1973 provision
Case: Martinez v. Morfe
 A case involving a delegate to the 1971 Constitutional
Convention, contrary to the contention of Delegate Martinez,
the privilege did not include immunity from arrest arising from
an act or omission punishable by law. It covered only immunity
from civil arrests.
2No 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.
Reason. a. Intended to leave legislator unimpeded in the
performance of his duties and free form harassment outside
b. enables the legislator to express views bearing upon the
public interest without fear of accountability outside the
halls of the legislature for his inability to support his
statements with the usual evidence required in the court of
justice
c. To enable and encourage a representative of the public to
discharge his public trust with firmness and success
(Osmena V. Pendatun cited in Pobre v. Defensor- Santiago, 2009)
To invoke the privilege of speech, the matter must be oral and must
be proven to be indeed privileged.
Requirements for the privilege to be availed:
1. That the remarks must be made while the legislature
or the legislative committee is functioning, that is in
session; (See Jimenez v. Cabangbang)
To come under the privilege, it is not essential that the Congress be in
session when the utterance is made. What is essential is that the
utterance must constitute “legislative action.” (Bernas Primer)
Libelous remarks not in exercise of legislative function shall not be
under privilege of speech.
2. That they must be made in connection with the discharge of
official duties
The rule provides that the legislator may not be questioned “in any
other place,” which means that he may be called to account for
his remarks by his own colleagues in the Congress itself and, when
warranted, punished for “disorderly behaviour” (The Congress may
itself impose sanctions for the misbehaviour of its members and the
Judiciary may not interfere in the discipline of the members of the
legislative)
Case: Pobre v. Defensor-Santiago, 2009
 The disciplinary authority of the assembly and the voters, not
the courts, can properly discourage or correct such
abuses committed in the name of parliamentary
immunity.
Scope of the Parliamentary Freedom of Speech and Debate
1. The privilege is a protection only against forums other than
the Congress itself. (Osmena v. Pendatun)
2. “Speech or debate” includes utterances made in the
performance of official functions, such as speeches
31
delivered, statements made, votes cast, as well as bills
introduced and other acts done in the performance of
official duties. (Jimenez v. Cabangbang)
3. The utterance must constitute “legislative action”, that is, it
must be part of the deliberative and communicative process by
which legislators participate in committee or
congressional proceedings in the consideration of
proposed legislation or of other matters which the
Constitution has placed within the jurisdiction of
Congress. (Gravel v. US)
4. The privilege extends to agents of assemblymen
provided that the “agency” consists precisely in assisting
the legislator in the performance of “legislative action” (Gravel
v. US)
THE ELECTORAL TRIBUNAL
Sec. 17. The Senate and the House of Representatives shall each have an
Electoral Tribunal which shall be the sole judge of all contests relating to
the election, returns, and qualifications of their respective members. Each
electoral tribunal shall be composed of nine members, three of whom
shall be Justices of the Supreme Court to be designated by the Chief
Justice, and the remaining six shall be members of the Senate or the
House of Representatives, as the case may be, who shall be chosen on the
basis of proportional representation from the political parties and the
parties or organizations registered under the party-list system
represented therein. The senior justice in the Electoral tribunal shall be
its Chairman.
SENATE HOUSE of REPRESENTATIVES
Senate Electoral Tribunal House of Representatives
(SET) Electoral Tribunal (HRET)
 9 members
3- designated by the Chief Justice of SC
6- members of the Senate or the HoR, chosen on the basis of
PR
Power:
 The sole judge of all contests relating to the
election, returns, and qualifications of their
members.
 To promulgate rules relating to matters within its
jurisdiction, including period for filing election
protests.
(The authority conferred upon the Electoral
Tribunal is full, clear and complete. The use of the
word sole emphasizes the exclusivity of the
jurisdiction of these tribunals. Co vs. HRET)
The Electoral Tribunal is an independent constitutional
body. Independent from Congress.
Jurisdiction:
 Jurisdiction begins when a candidate has been
proclaimed a winner, taken his oath and assumed
office;
 When there is election contest i.e., when a defeated
candidate challenge the qualification and claims the
seat of a proclaimed winner;
 Errors that may be verified only by the opening of
ballot boxes;
 Allegations of invalid proclamation.
Are the decisions rendered by the Electoral Tribunals
appealable to the Supreme Court?
32
NO. Except in cases of a clear showing of a grave abuse of
discretion.
(In perpetuating that Richard was only disqualified and that
his certificate of candidacy was not denied paving the way for
the approval of his wife Lucy as his substitute, the HRET
committed a grave abuse of discretion. Tagolino vs.
HRET)
THE COMMISSION ON APPOINTMENTS
Sec. 18. There shall be a Commission on Appointments consisting of the
President of the Senate, as ex-officio chairman, twelve Senators and
twelve Members of the House of Representatives, elected by each House
on the basis of proportional representation from the political parties and
parties or organizations registered under the party-list system
represented therein. The Chairman of the Commission shall not vote,
except in the case of a tie. The Commission shall act on all appointments
submitted to it within thirty session days of the Congress from the
submission. The Commission shall rule by a majority vote of all its
members.
FUNCTION. It acts as a legislative check on the appointing authority of
the President. For the effectivity of the appointment of certain key
officials, the consent of CA is needed. It shall rule by a majority vote of
all its members.
COMPOSITION (25 Members)
a. Senate President as Chairman
b. 12 Senators
c. 12 members of HR
PROPORTIONAL REPRESENTATION. The members shall be elected
by each House on the basis of Proportional Representation from the
political party and party list.
(There is no merit in Coseteng’s contention that the House members in
the Commission on Appointments should have been elected and
nominated by their respective political parties. Thus, the SC ruled that
endorsement is not sufficient to get a seat in CA. Coseteng vs. Mitra)
Fractional seats cannot be rounded off. Holders of .5
proportion belonging to distinct parties may not form a unity for
purposes of obtaining a seat.
(Where there are more than 2 parties in Senate, a party which has only
one member Senator cannot claim a seat. In order to resolve such, the
parties may coalesce with each other in order to come up with
proportional representation. Guingona vs. Gonzales)
Constitution of Electoral Tribunal and Commission on
Appointments
Sec. 19. The Electoral Tribunals and the Commission on Appointments
shall be constituted within thirty (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 when 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.
LEGAL INVESTIGATIONS (Section 21 and 22)
SECTION 21. The Senate or the House of Representatives or any of its
respective committees may conduct inquiries in aid of legislation in
accordance with its duly published rules of procedure. The rights of persons
appearing in or affected by such inquiries shall be respected.
33
SECTION 22. The heads of departments may upon their own initiative, with
the consent of the President, or upon the request of either House, as the
rules of each House shall provide, appear before and be heard by such
House on any matter pertaining to their departments. Written questions
shall be submitted to the President of the Senate or the Speaker of the
House of Representatives at least three days before their scheduled
appearance. Interpellations shall not be limited to written questions, but
may cover matters related thereto. When the security of the State or the
public interest so requires and the President so states in writing, the
appearance shall be conducted in executive session.
What is the basis of the power of “inquiry in aid of legislation”?
The congressional power of inquiry is expressly recognized in Section
21 of Article VI of the Constitution. Even without this express
Constitutional provision, the power of inquiry in inherent in the power
to legislate. The power of inquiry, with process to enforce it, is
grounded on the necessity of information in the legislative process. If
the information possessed by executive officials on the operation of
their offices is necessary for wise legislation on that subject, by parity
of reasoning, Congress has the right to that information and the power
to compel the disclosure thereof.
POWER OF INQUIRY
Who has the power. The Senate or the House of Representatives or
any of its respective committees may conduct inquiries in aid of
legislation.
Nature. The power of inquiry is an essential and appropriate auxiliary
to the legislative action. (Arnault vs Nazareno). It has been remarked
that the power of legislative investigation may be implied from the
express power of legislation and does not itself have to be granted.
Limitations:
a) It must be in aid of its legislative functions
b) It must be in accordance with its duly published rules of
procedure – violation of these rules would be an offense against
due process
c) The persons appearing therein are afforded their constitutional
rights, including the right to be represented by counsel and the
right against self-incrimination
d) Power of Congress to commit a witness for contempt terminates
when the legislative body ceases to exist upon its final
adjournment.
Reason for the limitations. The reason is in the past, this power was
much abused by some legislators who used it for illegitimate ends to
browbeat or intimidate witnesses usually for grandstanding purposes
only. There were also times when the subject of inquiry was purely
private in nature and therefore outside the scope of the powers of
Congress.
Scope of questions. As held in Arnault vs Nazareno, it is not necessary
that every question propounded to a witness must be material to a
proposed legislation. This is because the legislative action is
determined by the information gathered as a whole.
POWER TO PUNISH:
Legislative Contempt. The power of investigation necessarily includes
the power to punish a contumacious witness for contempt. (Arnault v.
Nazareno)
Acts punished as legislative contempt. The US Supreme Court in the
case of Marshall v. Gordon mentions:
1. Physical obstruction of the legislative body in the discharge of its
34
duties. 

2. Physical assault upon its members for action taken or words spoken
in the body; 

3. Obstruction of its officers in the performance of their official duties
4. Prevention of members from attending so that their duties might be
performed 

5. Contumacy in refusing to obey orders to produce documents or give
testimony which was a right to compel.

Power to punish for contempt and local legislative bodies.
The power to punish may not be claimed by local legislative bodies
(Negros Oriental Electric Cooperative v. Sangguniang Panglunsod)
Power to punish is sui generis.
The exercise of the legislature of contempt power is a matter of
preservation and independent of the judicial branch. Such power is sui
generis. (Sabio v. Gordon)
When may a witness in an investigation be punished for
contempt?
A: When a contumacious witness’ testimony is required in a matter into
which the legislature or any of its committees has jurisdiction to. (In
short, the investigation must be in aid of legislation.) (Arnault v.
Nazareno)
For how long may a private individual be imprisoned by the
legislature for contempt?
A: For HR: Until final adjournment of the body. For Senate: Offender
could be imprisoned indefinitely by the body provided that punishment
did not become so long as to violate due process. (Arnault v. Nazareno)
Does the power to inquire extend to officials in the executive
branch?
Yes. The power of inquiry is broad enough to cover officials of the
executive branch. The power of inquiry is co-extensive with the power
to legislate. The matters which may be a proper subject of legislation
and those which may be a proper subject of investigation are one. It
follows that the operation of government, being a legitimate subject for
legislation, is a proper subject for investigation. Since Congress has
authority to inquire into the operations of the executive branch, it
would be incongruous to hold that the power of inquiry does not
extend to executive officials who are the most familiar with and
informed on executive operations.
Is the Supreme Court covered by the Congressional power of
inquiry?
No. Members of the Supreme Court are exempt from this power of
inquiry on the basis not only of separation of powers but also on the
fiscal autonomy and the constitutional independence of the judiciary.
Is the power of inquiry subject to judicial review?
Yes. It may be subjected to judicial review pursuant to the Supreme
Court’s certiorari powers under Section 1, Article VIII of the
Constitution. Since the right of Congress to conduct an inquiry in aid of
legislation is, in theory, no less susceptible to abuse than executive or
judicial power.
Is the President covered by the power of inquiry?
No. The President, on whom executive power is vested, is beyond the
reach of Congress, except through the power of impeachment. It is
based on the President’s position as the highest official of the executive
branch, and the due respect accorded to a co-equal branch of
government which is sanctioned by a long-standing custom.
What is executive privilege?
Executive privilege is not a clear or unitary concept, although it has been
defined as “the power of the Government to withhold information from
35
the public, the courts, and the Congress”• or “the right of the President
and high-level executive branch officers to withhold information from
Congress, the courts, and ultimately the public.”•
Does executive privilege refer to persons?
No. Executive privilege is properly invoked in relation to specific
categories of information and not to categories of persons. Executive
privilege, whether asserted against Congress, the courts, or the public,
is recognized only in relation to certain types of information of a
sensitive character.
What matters are covered by “executive privilege”?
The matters covered under “executive privilege” include: (1)
Information between inter-government agencies prior to the
conclusion of treaties and executive agreements; (2) Presidential
conversations, correspondences, and discussions in closed-door
Cabinet meetings; and (3) Matters affecting national security and public
order.
How is this invoked?
When an official is being summoned by Congress on a matter which, in
his own judgment, might be covered by executive privilege, he must be
afforded reasonable time to inform the President or the Executive
Secretary of the possible need for invoking the privilege. This is
necessary in order to provide the President or the Executive Secretary
with fair opportunity to consider whether the matter indeed calls for a
claim of executive privilege. If, after the lapse of that reasonable time,
neither the President nor the Executive Secretary invokes the privilege,
Congress is no longer bound to respect the failure of the official to
appear before Congress and may then opt to avail of the necessary legal
means to compel his appearance.
Purpose of Section 22
The provision formalizes the “oversight function” of Congress.
Section 22 establishes the rule for the exercise of what is called the
“oversight function” of Congress. Such function is intended to enable
Congress to determine how laws it has passed are being implemented.
What is “congressional oversight”?
Broadly defined, the power of oversight embraces all activities
undertaken by Congress to enhance its understanding of and influence
over the implementation of legislation it has enacted. Clearly, oversight
concerns post-enactment measures undertaken by Congress:
(a) to monitor bureaucratic compliance with program objectives
(b) to determine whether agencies are properly administered
(c) to eliminate executive waste and dishonesty
(d) to prevent executive usurpation of legislative authority
(e) to assess executive conformity with the congressional perception of
public interest. The power of oversight has been held to be intrinsic in
the grant of legislative power itself and integral to the checks and
balances inherent in a democratic system of government.
What are the categories of congressional oversight functions?
The acts done by Congress purportedly in the exercise of its
oversight powers may be divided into three categories, namely:
(1) supervision, which connotes a continuing and informed
awareness on the part of a congressional committee regarding
executive operations in a given administrative area;
(2) scrutiny, primarily intended to determine economy and
efficiency of the operation of government activities, exercised through
budget hearings, the “question hour” and the power of confirmation;
(3) investigation, which is also known as the “inquiry in aid of
legislation“.
36
Appearance of Heads of Departments by their own initiative

The Heads of Departments may upon their own initiative, with the
consent of the President appear before and be heard by either House
on any matter pertaining to their departments.
Why permission of the President needed
In deference to separation of powers, and because Department Heads
are alter egos of the President, they may not appear without the
permission of the President.
Exemption from summons applies only to Department Heads

It should be noted, that the exemption from summons applies only to
Department Heads and not to everyone who has Cabinet rank.
Does Section 22 provide for a “question hour”?
Bernas Primer: No. the “question hour” is proper to parliamentary
system where there is no separation between the legislative and
executive department. Section 22, unlike in the “question hour” under
the 1973 Constitution, has made the appearance of department heads
voluntary.
But wait! The SC in Senate v. Ermita, adopting the characterization of
constitutional commissioner Hilario Davide, calls Section 22 as the
provision on “Question Hour”:“[Section 22] pertains to the power to
conduct a question hour, the objective of which is to obtain information in
pursuit of Congress’ oversight function.”
Reconcile: Although the Court decision calls this exercise a “question
hour,” it does so only by analogy with its counterpart in parliamentary
practice.
Appearance at the request of Congress
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. Written questions shall be submitted to the Senate
President or the House Speaker at least 3 days before their scheduled
appearance.
Scope of Interpellations. Interpellations shall not be limited to written
questions, but may cover matters related thereto.
Executive Session.The appearance shall be conducted in executive
session when:
(1) The public interest so requires and
(2) The President so states in writing.
Congress may refuse the initiative. Because of separation of powers,
department secretaries may not impose their appearance upon either
House. Hence, the Congress may refuse the initiative taken by the
department secretary.
EMERGENCY POWERS
Section 23. (1) The Congress, by a vote of two-thirds of both Houses in
joint session assembled, voting separately, shall have the sole power to
declare the existence of a state of war.
(2) In times of war or other national emergency, the Congress
may, by law, authorize the President, for a limited period and subject to
such restrictions as it may prescribe, to exercise powers necessary and
proper to carry out a declared national policy. Unless sooner withdrawn
37
by resolution of the Congress, such powers shall cease upon the next
adjournment thereof.
Paragraph (1)
 Congress, by a vote of 2/3s of both houses in joint session,
 Voting SEPERATELY,
 Shall have the SOLE power to declare the existence of a state
of war.
o War is defined as armed hostilities between 2
STATES.
o Does not prohibit waging of defensive war, even in
the absence of the same.
o The Constitution gives the legislature the power to
declare the existence of the state of war and to enact
all measures to support the war (this is where Par. 2
comes in.) The President MAY be given legislative
powers if Congress so desires.
Paragraph (2)
 In times of war or national emergency,
o There must be the same, no war nor emergency, then
no emergency powers.
 Congress may, by law, authorize the President,
o Law must be passed authorizing the same.
 For a limited period and subject to such restrictions as it may
prescribe, (LIMITATIONS)
o No set period therefore may be as short or as long as
Congress may prescribe and restriction may be as
broad or as narrow as Congress may prescribe.
 To exercise powers necessary and proper to carry out a
declared national policy.
o Emergency powers are delegated to the President by
the Congress to effectively solve the problems caused
by war or other crisis which the Congress could not
otherwise solve with more dispatch than the
President. Meaning no need to get Congress approval
for laws therefore no delay in meeting what is needed
to overcome the emergency i.e. Draft Laws to recruit
able-bodied men in a certain age range to become
 soldiers and punishing the same for refusal to comply o If no period is set, then automatically emergency
in times of war. power ceases after Congress adjourns.

Case: SANLAKAS v. Executive Secretary

POWER TO APPROPRIATE
 wherein during the Oakwood Mutiny, PGMA issued Proclamation
#47 declaring a State of Rebellion and Gen. Order #4 directing the Appropriation- a statute the primary and specific purpose of which is
AFP and PNP to suppress the rebellion, the Supreme Court held to authorize the release of public funds from the treasury
that:
Classification:
1. There is no indication that the President has exercised
judicial and legislative powers. In short, there is no illustration 1. General- law passed annually; intended to provide for the
that the President has attempted to exercise or has exercised financial operations of the entire government during one
martial law powers. fiscal period
2. Special- created for a specific purpose such as the creation of a
2. Nor by any stretch of the imagination can the fund for the relief of typhoon victim
declaration constitute an indirect exercise of emergency
powers, which exercise depends upon a grant of Congress Public money can only be appropriated for a public purpose. –this
pursuant to Section 23 (2), Article VI of the Constitution. limitation arises from the relation between the power to spend and the
power to tax.
3. The petitions do not cite a specific instance where the General Appropriation Act
President has attempted to or has exercised powers beyond - to set aside an amount to be used for infrastructure, purchase
her powers as Chief Executive or as Commander-in-Chief. The of ambulances and computers and other priority projects and
President, in declaring a state of rebellion and in calling out the activities and credit facilities to qualified beneficiaries as
armed forces, was merely exercising a wedding of her Chief proposed and identified by officials concerned
Executive and Commander-in-Chief powers.
(Representatives, Senators and the Vice President who were
4. These are purely executive powers, vested on the
each allocated an amount)
President by Sections 1 and 18, Article VII, as opposed to
the delegated legislative powers contemplated by Section 23 -the power given to such officials were merely recommendatory
(2), Article VI. to the President who could approve or disapprove the
recommendation
 Unless sooner withdrawn by resolution of the Congress, such -also known as Countrywide Development Fund (CDF); and
powers shall cease upon the next adjournment thereof. (The PDAF or the pork barrel system
Failsafe)
o Limits the period wherein the emergency powers are Appropriations for the implementation of social justice programs, even
granted to the president. Can be revoked before the if directly they benefit mainly private individuals, must be considered to
period stipulated by Congress. be for a public purpose.
o Resolution does not need Presidential approval.

38

Section 24. All appropriation, revenue or tariff bills, bills authorizing
increase of the public debt, bills of local application, and private bills shall
originate exclusively in the House of Representatives, but the Senate may
propose or concur with amendments.
1. The following shall originate exclusively in the House of
Representatives but the Senate may propose or concur with
amendments: Law, p. 144 (1995 ed).
2. Tariff bill specifies the rates of duties to be imposed
on imported articles. Cruz, Philippine Political Law, p. 144 (1995
ed).
3. Appropriation bill is one whose purpose is to set aside a sum
of money for public use. Only appropriation bills in the strict
sense of the word are comprehended by the provision;
bills for other purposes which incidentally set aside money for
that purpose are not included. Bernas Commentary, p 748
(2003 ed).
4. Revenue billis one that levies taxes and raises funds for the
government. Cruz, Philippine Political
5. A bill increasing public debt is illustrated by one floating
bonds for public subscription redeemable after a certain
period. Cruz, Philippine Political Law, p. 144 (1995 ed).
6. Bills of local application are those which is limited to specific
localities, such for instance as the creation of a town.
Bernas Commentary, p 748 (2003 ed).
7. Private bills are those which affect private persons, such for
instance as a bill granting citizenship to a specific foreigner.
Bernas Commentary, p 748 (2003 ed). Private bills are
illustrated by a bill granting honorary citizenship to a
39
distinguished foreigner. Cruz, Philippine Political Law, p. 155
(1995 ed).
Exclusivity: because the House of Representatives are closer to the
people and they are numerous in number compared to the Senate
Textually, it is the “bill” which must exclusively originate from the
House; but the “law” itself which is the product of the total
bicameral legislative process originates not just from the House but
from both Senate and House. (Tolentino v. Secretary of Finance)
(What the law just states is that the Bill must originate from the House
of Representatives but the approval is still between the two Houses and
the Senate may either amend or concur it)
Section 25. (1) The Congress may not increase the appropriations
recommended by the President for the operation of the Government 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
proposed therein.
(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 Supreme Court, 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 shall be deemed reenacted
and shall remain in force and effect until the general appropriations bill is
passed by the Congress.
Par 1. The Congress may not increase the appropriations
recommended by the President for the operation of the
Government as specified in the budget. The form, content, and
manner of preparation of the budget shall be prescribed by law.
Budget – a proposal, a set of recommendations on the appropriations
to be made for the operations of the government. It is used as a
basis for the enactment of the general appropriations law;
Reason:
a. the President knows more about the needed appropriations
than the legislature
b. the President is ordinarily the party best qualified to
know the maximum amount that the operation of his
department requires since being responsible for the proper
administration of the executive department
Par 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.
40
Reason. To prevent riders or irrelevant provisions that are included in
the general appropriations bill to ensure their approval
Par 3. The procedure in approving appropriations for the
Congress shall strictly follow the procedure for approving
appropriations for other departments and agencies.
Reason. To prevent the adoption of appropriations sub rosa by the
Congress.
Par 4. A special appropriations bill shall specify the following:
a. purpose for which it is intended; and
b. shall be supported by funds actually available as certified by
the National Treasurer; or
c. funds are to be raised by a corresponding revenue
proposal therein
Par 5. No law shall be passed authorizing any transfer of
appropriations1; however, the President, the President of the
Senate, the Speaker of the House of Representatives, the Chief Justice of
the Supreme Court, 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 appropriations2.
Reason.
a. Prohibits one department from transferring some of its
funds to another department and thereby make it beholden
to the former to the detriment of the doctrine of separation of
powers. Such transfers are also unsystematic, besides in effect
disregarding the will of the legislature that enacted the
appropriation measure
b. To afford the heads of the different branches of the government
and those of the constitutional commissions consider- able
flexibility in the use of public funds and resources" but that the
leeway granted was limited. The purpose of augmenting an item
and such transfer may be made only if there are savings from
 another item in the appropriation of the government branch or
constitutional body
In the augmentation: there is no danger to the doctrine of separation of
powers because the transfer is made within a department and not from
one department to another.
The list of those who may transfer/augment funds (within the
department as long as there are still savings) is exclusive. Thus, the Chief
of Staff of the AFP may not be given authority. Likewise, the individual
members of the Congress must still seek approval from the Speaker or
Senate President.
Par 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.
Reason. To prevent abuse and personal use of funds by the officials
without the knowledge of the public
Par 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 preceding fiscal year shall be
deemed reenacted and shall remain in force and effect until the
general appropriations bill is passed by the Congress.
Reason. It addresses the situation where the Congress fail to enact a new
general appropriation so as not to cripple the operations of the
government by its failure or refusal
Sec 26. (1) Every bill passed by the Congress shall embrace only one
subject which shall be expressed in the title thereof.
(3) No bill passed by either House shall become a law unless it has
passed three readings on separate days, and printed copies
thereof in its final form have been distributed to its members
three days before its passage, except when the President
certifies to the necessity of its immediate enactment to meet a
41
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.
BASIC RULES OF MAKING A BILL
Paragraph 1
Only one subject: Mandatory rule, Technical construction, Liberal
interpretation
Requirements:
(a) all parts of the law relates to the subject expressed in the
title
(all provisions of the stature are germane to the general
subject)
(b) It is not necessary that the title be a complete index of
the content
(sufficient if the title expresses the general subject)
(title comprehensive enough to include subject related to
the general purpose)
Case: Alalayan vs NPC
Alalayan and Philippine Power and Development Company, both
franchise holders of electric plants in Laguna assails the validity of a
section of an amendatory act, on the ground that, being a rider, it is
violative of the constitutional provision requiring that a bill, which
may be enacted into law, cannot embrace more than one subject, which
shall be expressed in its title, as well as the due process guarantee, the
liberty to contract of petitioners being infringed upon.
Supreme Court simply ruled that the Constitution does not require
Congress to employ in the title of an enactment, language of such
precision as to mirror, fully index or catalogue all the contents and the
minute details therein. It suffices if the title should serve the purpose of
the constitutional demand that it inform the legislators, the persons
interested in the subject of the bill, and the public, of the nature, scope
and consequences of the proposed law and its operation. And this, to
lead them to inquire into the body of the bill, study and discuss the
same, take appropriate action thereon, and, thus, prevent surprise or
fraud upon the legislators.
Only one subject: Purpose of the rule
1. To prevent hodge-podge (collection of miscellaneous
things, creates confusion)
or log-rolling legislature (concerted effort of law-making
bodies to push forward mutually advantageous legislative
agendas by combining two items into a single bill)
2. To prevent surprise and fraud on the legislature
3. To fairly appraise the people (can be heard and, if people
desire, be subject to petition)
Paragraph 2
Rules (A-E):
A. Passed three readings on separate days, exception when the
President certifies the necessity of its immediate enactment to
meet a public calamity or emergency
(ensures a more thorough study of the bills, address
tendency of legislators to rush bills)
Procedures (1-8):
1. A bill is introduced by any member of the House, except
appropriation bills from HR only
2. First reading: number and title, referral of the Senate
President or Speaker of the House
3. Bill may be killed or recommended for approval w/ or w/o
amendments
42
4. Second reading (most important stage) : read in entirety,
scrutinized, debated upon, and amended
B. 5. Printed copies of the bill in its final form be distributed to
the members three (3) days before its passage
C. No amendment on the last reading
(members merely register their votes and explain them if they
are allowed by the rules, no more debate is allowed)
D. Vote immediately after the last reading
E. Yeas and nays entered in the Journal
6. Sent to the other House, undergo the three readings
7. If approved, submitted to the President for his
consideration
8. Bill is enrolled
(printed as finally approved by the Congress,
authenticated with the signatures of the Senate President,
the Speaker, and the Secretaries of their respective
chambers, and approved by the President)
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, two-thirds of all the members of such House shall
agree to pass the bill, it shall be sent, together with the objections, tot eh
other House by which it shall likewise be reconsidered, and if approved by
two-thirds 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 within thirty 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.
PROCEDURAL RULES OF MAKING A LAW
Paragraph 1. Three methods by which a bill may become a law
1) When the President signs it (Presidential Approval)
(final approval of a bill does not make it immediately effective,
laws become effective only after adequate publication)
2) When the President vetoes it but the veto is overridden by two-
thirds vote of all the members of each House (Presidential
Veto). President vetoes if he does not approve of the bill and
returns the passed bill with his objections to the House where
it originated.
3) When the President fails to act on it within 30 days.
Legislative reconsideration of the bill (How a vetoed bill can become a
law)
a. House where the bill originated enters the objections of the
President at large in its Journal.
b. Said House reconsiders the bill.
c. 2/3 of the House reconsiders the bill.
d. The bill together with the objections is sent to the other House
for reconsideration
e. Other house approves the bill by 2/3 of all the members of that
House.
f. Bill becomes a law
*Version approved by one House different from that of the other
house
- In a bicameral system bills are independently processed by both
Houses of Congress. The “conference committee,” consisting of
43
members nominated from both Houses, is an extra-constitutional
creation of *Congress whose function is to propose to Congress ways of
reconciling conflicting provisions found in the Senate version and in the
House version of a bill
Extent of the powers of the conference committee
a) Amendments germane to the purpose of the bill could be
introduced
b) Can meet behind closed doors with only the conferees
present
4) When the President does not act upon the measure within 30
days after it shall have been presented to him (Presidential
Inaction)
Paragraph 2
General rule: President disapproves, veto the entire bill
Exceptions:
(1) may veto separate items of appropriation, revenue and
tariff bills
(veto the entire item, not just a word in that item)
(not veto the method or manner of using an appropriated
amount)
(item: indivisible sum of money dedicated to a stated purpose)
(2) may veto inappropriate provisions or riders (does not affect
other items of a bill)
*Doctrine of Inappropriate Provision
provision that is constitutionally inappropriate for an
appropriation bill, singled out for veto even if it is not an
appropriation or revenue “item”
provision that does not relate to any particular item, or
which extends in its operation beyond an item of appropriation
purpose: to prevent the legislature from forcing the President
to veto an entire appropriation law thereby paralyzing
government
 repeal of laws should not be done in appropriation act
in a separate law
*Executive “impoundment”. Refusal of the President to spend funds
already allocated by Congress for a specific purpose. The duty of the
President of implementing law includes the duty to desist from
implementing it when implementation would prejudice public interest
*When does the Constitution require that the yeas and nays of the
Members be taken every time a House has to veto?
1) upon the last and third reading of the bill (Art VI, Sec 26)
2) at the request of one-fifth of the Members present (Art VI, Sec 16(4))
3) in repassing a bill over the veto of the President (Art VI, Sec 27 (1))
*Legislative veto
means whereby the legislature can block or modify
administrative action taken under a statute
It is a form of legislative control in the implementation of
particular executive actions
POWER OF TAXATION
Section 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 Government.
(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
but religious, charitable, or educational purposes shall be exempt from
taxation.
(4) No law granting any tax exemption shall be passed without the
concurrence of a majority of all the Members of the Congress.
Taxation- refers to the inherent power of the state to
demand enforced contributions for public purposes.
Taxes - enforced proportional contributions from
persons and property levied by the law making
body of the state by virtue of its sovereignty for the
support of the government and all public needs.
Justice Holmes said: “Taxes are what we pay for
civilized society.”
Lifeblood Theory- The power of taxation proceeds upon the theory
that the existence of government is a necessity; that it cannot continue
without means to pay its expenses; and that for these means, it has a
right to compel all its citizens property within its limits to contribute.
The power to tax is inherent that it need not be granted by the
Constitution. Section 28, in fact, is not a grant of power but an
enumeration of limits on the inherent or otherwise almost unlimited
power.
A. SCOPE AND PURPOSE
Purpose
1. The primary and specific purpose is to raise revenue. ( to
provide funds or property with which to promote the general
welfare and the protection of its citizens and to enable it to
finance its multifarious activities.)
2. Instrument of national economic and social
policy. (Used as an instrument to exterminate undesirable
activities and enterprises- Power to destroy)
3. Tool for regulation. ( For the purpose of regulating property)
(4) The power to keep alive ( imposition of tariffs designed for
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 the encouragement and protection of locally produced goods
against competition from imports)
Scope. So pervasive that it reaches even the citizen abroad and his
income earned from source outside the State.
General Limit: For a public purpose; Due process and equal protection
clauses
Specific Limit: Uniform and equitable (Section 28)
Exercise of the power: Primarily vested in the
national legislature.
B. LIMITATIONS ON POWER TO TAX
General Limitation
The power to Tax exists for general welfare. Hence, implicit in the
power is the limitation that it should be exercised only for a public
purpose.
It is fundamental in democratic governments that
taxes may be levied for public purpose only.
Without this element, a tax violates the due
process clause and is invalid.
Specific Limitation:
1. Rule of taxation shall be uniform and equitable. Congress shall evolve
a progressive system of taxation.
2. Charitable institutions, etc. and all lands, building and improvements
actually, directly and exclusively used for religious, charitable or
educational purposes shall be exempt from taxation. (art. 6 §28(3)
3. All revenues and assets of non-stock, non-profit educational
institutions used actually, directly and exclusively for educational
purposes shall be exempt from taxes and duties. (art. 14
§4(3))
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4. Law granting tax exemption shall be passed only with the
concurrence of the majority of all the members of Congress.
(1) Rule of taxation shall be uniform and equitable. The Congress
shall evolve a progressive system of taxation.
Two views in Uniformity:
1. Uniformity- signifies geographical
uniformity. A tax is uniform when it operates with
the same force and effect in every place where the
subject is found. ( U.S. Constitution)
2. Uniformity in taxation- means that persons or things
belonging to the same class shall be taxed at the same rate.
Case: Tan v. del Rosario. Uniformity means: (1) the standards that are
used therefore 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;
and (4) the classification applies equally well to all those belonging to
the same class.
Equitable. The tax burden must be imposed according to the
taxpayer’s capacity to pay. (Ability to pay principle)
Progressive System of Taxation. Tax system is progressive when the
rate increases as the tax base increases.
Reason: The explicit mention of progressive taxation in the
Constitution reflects the wish of the Commission that the legislature
should use the power of taxation as an instrument for a more equitable
distribution of wealth.
D. Delegated Tax Legislation
(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 Government.
General Rule: Congress may not delegate its law-making authority.
One exception is that the power may be delegated in the instances
where the Constitution itself specifically authorizes the delegation.
1. Conditions in the delegation of the power to
tax:
(1) Delegation must be made by law
(2) The power granted is to fix tariff rates, import
and export quotas, tonnage and wharfage dues,
and other duties and impost.
(3) The said power is to be exercised within
specified limits and subject to such limitations and
restrictions as the Congress may impose.
(4) The authorization of such power must be within
the framework of the national development
program of the Government.
3. Tariff and Customs Code, Flexible Tariff
Clause. The President is given by the Tariff and Customs
Code ample powers to adjust tariff rates.
Flexible Tariff Clause. The President may fix tariff rates, import and
export quotas, etc. under TCC:
1) To increase, reduce or remove existing
protective rates of import duty (including any
necessary change in classification)
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the existing rates may be increased or
decreased to any level on one or several
stages but in no case shall be higher than a
maximum of 100% ad valorem
2) To establish import quota or to ban imports of
any commodity, as may be necessary
3) To impose an additional duty on all imports not
exceeding 10% ad valorem whenever necessary
3. Limitation Imposed Regarding the Flexible
Tariff Clause
(1) Conduct by the Tariff Commission of an investigation in a
public hearing. The Commissioner shall also hear the views
and recommendations of any government office, agency or
instrumentality concerned. The NEDA thereafter shall submits
its recommendation to the President.
(2) The power of the President
to increase or decrease the rates of import
duty within the abovementioned limits fixed in
the Code shall include the modification in the
form of duty. In such a case the corresponding ad
valorem or specific equivalents of the duty
with respect to the imports from the
principal competing country for the most
recent representative period shall be used
as bases.
E. TAX EXEMPTIONS
(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 Bills ordinarily passed with support of only a simple
shall be exempt from taxation. majority, or a majority of those present and voting.
The above provision requires an absolute majority
of the entire membership of the Congress because
1. Kind of tax exemption under 28(3) a tax exemption represents a withholding of the power to tax and
The exemption created by Section 28 is only for consequent loss of revenue to the
taxes assessed as property taxes and not excise government.
tax. Exemptions granted, however whether by the Constitution or by
Property Tax. Tax assessed on Real estate property statute, should not be extended beyond what is covered. Thus,
although the former Camp John Hay was declared a special economic
Excise Tax. Tax on enjoyment of privileges (Ex. Income Tax, Transfer zone, that fact did not itself also give to John Hay the tax exemptions
Tax) given specifically to the Subic Special Economic Zone under R.A. 7277.
2. “Exclusively used for religious, charitable, or educational ( John Hay Peoples Alternative vs. Lim)
purposes”. The phrase “exclusively used for educational
purposes” extends to facilities which are incidental
to and reasonably necessary for the
POWER TO SPEND
accomplishment of the main purpose
Section 29.
(1) No money shall be paid out of the Treasury except in
4. Elements to be considered in determining pursuance of an appropriation made by law.
whether an enterprise is a charitable
(2) No public money or property shall be appropriated, applied,
institution/entity (Lung Center v. QC):
paid, or employed, directly or indirectly, for the use, benefit, or
(1) Statute creating the enterprise
support of any sect, church, denomination, sectarian institution, or
(2) Its corporate purposes
system of religion, or of any priest, preacher, minister, or other
(3) Its constitution and by-laws
religious teacher or dignitary as such, except when such priest,
(4) Method of administration
preacher, minister, or dignitary is assigned to the armed forces,
(5) Nature of actual work performed
or to any penal institution, or government orphanage or
(6) Character of services rendered
leprosarium.
(7) Indefiniteness of the beneficiaries
(8) Use and occupation of the properties (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
(4) No law granting any tax exemption shall be passed without the abandoned, the balance, if any, shall be transferred to the general
concurrence of a majority of all the Members of the Congress. funds of the Government.

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Par 1. No money shall be paid out of the Treasury except in
pursuance of an appropriation made by law. (Spending Power)
Reason.
a. The people’s treasure that the people’s treasure may be sent
only with their consent. That consent is to be expressed either in the
Constitution itself or in valid acts of the legislature as the
Limitations *based on UTOPIA reviewer*
direct representative of the people.
b. limits the disbursing authority of the executive department; the
Congress therefore controls the expenditure of public funds
Par 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, or 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.
Reason. To further bolster this principle and emphasize the neutrality
of the State in ecclesiastical matters; separation of Church and State
Par 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.
Reason. To prevent abuse in the disposition of funds
Case: PCGG vs COCOFED
 The fundamental rule is that tax proceeds may only be used for
a public purpose, which may either be a general public purpose
to support the existence of the state or a special public purpose
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to pursue certain legitimate objects of government in the
exercise of police power, and none other.
 An entity, whether public or private, which holds the tax money
has no authority to disburse it or to pay any of it to anyone, the
power to dispose of such money being vested in the legislature
A. Specific Limitations on the power of appropriation
1. Appropriation bills should originate in the House of
Representatives. (art. 6 sec 24)
2. 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. (art. 6 sec 25(6))
B. Constitutional limitations on special appropriation
measures
1. Must specify the public purpose for which the sum is
intended. (art 6 sec 25 (4))
2. Must be supported by funds actually available as certified
to by National Treasurer, or to be raised by a
corresponding revenue proposal included therein. (art 6
sec 25(4))
3. Prohibition against appropriations for sectarian benefit.
(art 6 sec 29(2))
C. Constitutional rules on general appropriations law
1. Congress may not increase the appropriations
recommended by the President. (art 6 sec 25(1))
2. The form, content, and manner of preparation for the
budget shall be prescribed by law. (art 6 sec 25(1))
3. Rule on riders. (art 6 sec 25(2))
4. Procedure for approving appropriations for Congress.
(art 6 sec 25(3))
 5. Prohibition against transfer of appropriations. (art 6 sec
25(5))
6. Rule on automatic reappropriation. (art 6 sec 25(7))
7. Prohibition against appropriations for sectarian benefit.
(art 6 sec 29(2))
LIMITATIONS *based on Bernas book*
1. Appropriation bills should originate in the House of
Representatives. (art. 6 sec 24)
2. The form, content, and manner of preparation for the
budget shall be prescribed by law. (art 6 sec 25(1))
3. Rule on riders. (art 6 sec 25(2))
4. Procedure for approving appropriations for Congress.
(art 6 sec 25(3))
5. Must specify the public purpose for which the sum is
intended. (art 6 sec 25 (4))
6. Prohibition against transfer of appropriations. (art 6 sec
25(5))
7. 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. (art. 6 sec 25(6))
8. Rule on automatic re-appropriation. (art 6 sec 25(7))
9. Prohibition against appropriations for sectarian benefit.
(art 6 sec 29(2))
10. General Appropriation law must be based on the budget
prepared by the President
Section 31. No law granting a title of royalty or nobility shall be enacted.
Reason. To preserve the republican and democratic nature of our
society by prohibiting the creation of privileged classes with special
perquisites not available to the rest of the citizenry.
Speaking in support of a similar provision at the 1935 Constitutional
Convention, Delegate Laurel said:
49
The Federalist (No. 84), speaking of the importance of the prohibition
against titles of nobility in the Federal Constitution, says: "This may
truly be denominated the cornerstone of republican government; for so
long as they are excluded there can never be serious danger that the
government will be any other than that of the people."
Section 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 ten per
centum of the total number of registered voters, of which every legislative
district must be represented by at least three per centum of the registered
voters thereof.
Initiative. The power of the people to propose AMENDMENTS to the
Constitution or to PROPOSE AND ENACT legislation, be it national in
scope or local.
 Only amendments to the Constitution are allowed, REVISION of
the same is not.
Case: Lambino v. COMELEC.
Revision broadly implies a change that alters basic principle in the
Constitution like altering the principle of separation of powers or the
system of checks and balance. The initiative of the petitioners is a
revision and not merely an amendment.
Case: Defensor-Santiago v. COMELEC
The SC found that R.A. No. 6735 “The Initiative and Referendum Act”
is incomplete, inadequate, or wanting in essential terms and conditions
insofar as initiative on amendments to the Constitution is
concerned. Its lacunae on this substantive matter are fatal and cannot
be cured by empowering the COMELEC to promulgate such rules and
regulations as may be necessary to carry out the purposes of [the] Act.
Limitations on LOCAL INITIATIVE:
a) Shall not be exercised more than once a year.
 b) Shall only extend to subjects or matters which are within the
legal powers of the local legislative bodies to enact.
c) If before the initiative is held, the local legis adopts the
proposition presented in toto, initiative shall be cancelled.
Those against such action may, if they do so desire, apply for
initiative.
Referendum. The power of the electorate to approve or reject
legislation thru an election called for the purpose. May be of national
scope or local legislation.
Prohibited measures:
a) Petitions embracing more than one subject.
b) Statutes involving emergency measures cannot be subject to
referendum until 90 days after their effectivity. (sec 10, RA
6735 The Initiative and Referendum Act)
Section 31. No law granting a title of royalty or nobility shall be enacted.
Reason. To preserve the republican and democratic nature of
our society by prohibiting the creation of privileged classes with special
perquisites not available to the rest of the citizenry.
Speaking in support of a similar provision at the 1935
Constitutional Convention, Delegate Laurel said:
The Federalist (No. 84), speaking of the importance of the prohibition
against titles of nobility in the Federal Constitution, says: "This may
truly be denominated the cornerstone of republican government; for so
long as they are excluded there can never be serious danger that the
government will be any other than that of the people."
Section 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 ten per
centum of the total number of registered voters, of which every legislative
50
district must be represented by at least three per centum of the registered
voters thereof.
Initiative – the power of the people to propose AMENDMENTS to the
Constitution or to PROPOSE AND ENACT legislation, be it national in
scope or local.
 Only amendments to the Constitution are allowed, REVISION of
the same is not.
Case: Lambino v. COMELEC.
 Revision broadly implies a change that alters basic principle in
the Constitution like altering the principle of separation of
powers or the system of checks and balance. The initiative of
the petitioners is a revision and not merely an amendment.
Limitations on LOCAL INITIATIVE:
1. Shall not be exercised more than once a year.
2. Shall only extend to subjects or matters which are within the legal
powers of the local legislative bodies to enact.
3. If before the initiative is held, the local legis adopts the proposition
presented in toto, initiative shall be cancelled. Those against such
action may, if they do so desire, apply for initiative.
REFERENDUM- power of the electorate to approve or reject legislation
thru an election called for the purpose. May be of national scope or
local legislation.
Prohibited measures:
1. Petitions embracing more than one subject.
2. Statutes involving emergency measures cannot be subject to
referendum until 90 days after their effectivity. (sec 10, RA 6735
The Initiative and Referendum Act)