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POLITICAL LAW – branch of public law which
deals with the organization and operations of the
governmental organs of the State and defines the
relations of the State with the inhabitants of its
territory. (Macariola vs. Asuncion, A.M. No. 133-
J, May 31, 1982)
The entire field of political law may be subdivided
into (Nachura, Outline Reviewer in Political Law,
2016):
1. Constitutional Law – the study of the
maintenance of the proper balance between
authority as represented by the three inherent
powers of the State and liberty as guaranteed
by the Bill of Rights. (Cruz, Constitutional Law,
1993)
2. Administrative Law – that branch of public
law which fixes the organization of
government, determines the competence of
the administrative authorities who execute the
law, and indicates to the individual remedies
for violation of his rights.
3. Law on Municipal Corporations
4. Law of Public Officers
5. Election Law
CONSTITUTIONAL LAW I
I. THE PHILIPPINE CONSTITUTION
A. DEFINITION, NATURE, AND CONCEPTS
CONSTITUTION– a body of rules and maxims
in accordance with which the powers of
sovereignty are habitually exercised. (Cooley,
Constitutional Limitations, 1868)
CONSTITUTIONAL LAW – that branch of law
which treats the nature of constitutions, their
establishment, construction and interpretation
and of the validity of legal enactments as tested
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by the criterion of conformity to the
fundamental law. (Black, Constitutional Law, 1969)
CONSTITUTION OF THE REPUBLIC OF THE
PHILIPPINES – the document which serves as
the fundamental law of the state; that written
instrument enacted by direct action of the people
by which the fundamental powers of the
government are established, limited and defined,
and by which those powers are distributed among
the several departments for their safe and useful
exercise, for the benefit of the body politic.
(Malcolm, Philippine Constitutional Law, 1926)
Date of Effectivity of the 1987 Constitution:
February 2, 1987, the date of the plebiscite, and
not on the date its ratification was proclaimed.
(De Leon v Esguerra, G.R. No. 78059, August 31, 1987)
Purpose or Function of a Constitution: To
prescribe the permanent framework of a system
of government; to assign to the several
departments of the government their
responsibilities, powers and duties, and to
establish certain fixed principles on which
the government is founded. (Manila Prince Hotel vs.
GSIS, G.R. No. 122156, February 3, 1997)
Classifications of a Constitution:
1. Written vs. Unwritten
A written constitution is one whose
precepts are embodied in one document or
set of documents. An unwritten
constitution consists of rules which have
not been integrated into a single, concrete
form but are scattered in various sources,
such as statutes of fundamental character,
judicial decisions, commentaries of
publicists, customs and traditions, and
certain common law and principles. (Cruz,
Constitutional Law, 1981)
2. Enacted (Conventional) vs. Evolved
(Cumulative)
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A conventional constitution is enacted,
formally struck off at a definite period of time
and place following a conscious or deliberate
effort taken by a constituent body or ruler;
while a cumulative constitution is the
result of political evolution, not inaugurated at
any specific time but changing by accretion
rather than systematic method. (Cruz,
Constitutional Law, 1981)
3. Rigid vs. Flexible
A rigid constitution is one that can be
amended only by a formal and usually difficult
process; while a flexible constitution is one
that can be changed by ordinary legislation.
(Cruz, Constitutional Law, 1981)
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Constitution of Government (Governmental
Organization and Functions) – relates to a series
of prescriptions outlining the framework or
organization of the government, enumerating its
powers, laying down certain rules relative to its
administration and defining the electorate, e.g.
Arts. VI, VII, VIII, IX
Constitution of Sovereignty (Method of
Amendment) – provisions pointing out the mode
of procedure by which formal changes in the
fundamental law may be brought about, e.g. Art.
XVII (Nachura, Outline Review on Political Law, 2016)
C. AMENDMENTS AND REVISIONS
Distinction between Amendment and
Revision

N.B.: The Philippine Constitution is written, AMENDMENT REVISION

enacted and rigid. An addition or change A change that alters
within the lines of the a basic principle in
Basic principles of Constitutional original constitution the constitution, like
Interpretation as will effect an altering the principle
improvement, or of separation of
1. Verba legis – whenever possible, the words better carry out the powers or the
used in the Constitution must be given their purpose for which it system of checks-
ordinary meaning except where technical was framed; a change and-balances; alters
terms are employed; that adds, reduces or the substantial
2. Ratio legis est anima – words of the deletes without entirety of the
Constitution should be interpreted in altering the basic constitution, as
accordance with the intent of the framers; principles involved; when the change
3. Ut magis valeat quam pereat – the affects only the affects substantial
Constitution should be interpreted as a whole. specific provision provisions of the
(Francisco v. House of Representatives, G.R. being amended. constitution.
No. 160261, November 10, 2003) (Lambino v.
Commission on
B. PARTS Elections, G.R. No.
174153, October 25,
2006)
Constitution of Liberty (Bill of Rights) – a
series of prescriptions setting forth the
fundamental civil and political rights of the

citizens and imposing certain limitations on the

power of the government as a means of  The framers of the Constitution intended, and
wrote, a clear distinction between
securing the employment of these rights, e.g. Art. “amendment” and “revision” of the
III
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Constitution by setting, that only Congress or
a constitutional convention may propose
 revisions to the Constitution. On the other
hand, a people’s initiative may propose only
amendments to the Constitution. Where the
intent and language of the Constitution clearly
withhold from the people the power to
propose revisions to the Constitution, the
people cannot propose revisions even as they
are empowered to propose amendments.
(Lambino vs. Commission on Elections, G.R. No.
174153, October 25, 2006)
Legal Tests (according to Lambino case)
Quantitative Test – The Court examines only
the number of provisions affected and does not
consider the degree of the change. The
quantitative test asks whether the proposed
change is so extensive in its provisions as to
change directly the ‘substantial entirety’ of the
constitution by the deletion or alteration of
numerous existing provision.
Qualitative Test – The Court inquires into the
qualitative effects of the proposed change in the
Constitution. The main inquiry is whether or not
the change will “accomplish such far reaching
changes in the nature of our basic governmental
plan as to amount to a revision.” The changes
include those to the “fundamental framework or
the fundamental powers of its branches,” and
those that “jeopardize the traditional form of
government and the system of checks and
balances.” Whether there is an alteration in the
structure of government is a proper subject of
inquiry.
CONSTITUENT POWER – power to formulate a
Constitution or to propose amendments to or
revision of the Constitution and to ratify such
proposal.
 The power is exercised by Congress, by
Constitutional Convention or Commission, by
the people through initiative and referendum,
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and ultimately by the sovereign
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electorate. This also does not need the
approval of the Chief Executive. (Sanidad vs.
Commission on Elections, G.R. L-44640, October
12, 1976)
Steps in Amendatory Process
PROPOSAL (Secs. 1-3, Art. XVII, 1987
Constitution) – The adoption of the suggested
change in the Constitution. A proposed
amendment may come from:
a. Congress, acting as a Constituent
Assembly, by a vote of ¾ of ALL its
members
 Although Section 1, Article XVII of the
Constitution did not expressly provide that the
Senate and the House of Representatives
must vote separately, when the Legislature
consists of two (2) houses, the determination
of one house is to be submitted to the
separate determination of the other house.
(Miller v. Mardo, G.R. No. L-15138, July 31, 1961)
In other words, what is needed in a Constituent
Assembly is a ¾ vote of ALL members of the
House of Representatives and ALL members of
the Senate separately.
General Rule: A constituent assembly may
propose any change in the constitution.
Exception: A constituent assembly may not
propose anything that is inconsistent with what is
known, particularly in international law, as jus
cogens. (Planas v. Commission on Elections, G.R. No.
L-35925, January 22, 1973)
b. Constitutional Convention, called into
existence by (a) 2/3 of all members of the
Congress, or (b) the electorate, in a
referendum called for by a majority of all
members of Congress. (Sec. 1, Art. XVII,
1987 Constitution)
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 The Constitutional Convention is independent
and co-equal to other departments. (Mabanag
vs. Lopez Vito, G.R. No. L-1123, March 5, 1947)
c. People (through People’s Initiative) – A
petition of at least 12% of the total number
of registered voters, of which every
legislative district must be
represented by at least 3% of the
registered voters therein.
Limitation on Initiative: No amendment shall
be authorized within 5 years following the
ratification of the 1987 Constitution nor more
often than once every 5 years thereafter.
 Constitutional provision on amendments via
People’s Initiative not self-executory. (Santiago
vs Commission on Elections, G.R. No. 127325,
March 19, 1997)
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DOCTRINE OF PROPER SUBMISSION – The
entire Constitution must be submitted for
ratification at one plebiscite only. The people
must have a proper “frame of reference”. No
“piecemeal submission”, e.g. submission of age
requirement ahead of other proposed
amendments (Tolentino v. Commission on Elections,
G.R. No. L-34150, October 16, 1971).
A plebiscite may be held on the same day as a
regular election.
 The process of revision is the same in all
respects, except that it cannot be proposed
via a People’s Initiative. (Lambino vs.
Commission on Elections, G.R. No. 174153,
October 25, 2006)
JUDICIAL REVIEW OF AMENDMENTS

RATIFICATION (Sec. 4, Art, XVII, 1987
Constitution) – The proposed amendment shall
be submitted to the people and shall be deemed
ratified by the majority of the votes cast in the
plebiscite, held not earlier than 60 nor later than
90 days (a) after approval of the proposal by
Congress of Constitutional Convention; or(b)
after certification of the COMELEC of sufficiency
of petition of the people.
Matters which may be reviewed by the
court:
Whether or not a proposal was approved by the
required number of votes of Congress;
Whether or not the approved proposals were
properly submitted to the people for ratification.
(Tolentino v. Commission on Elections, G.R. No. L-
34150, October 16, 1971)

SUMMARY OF TWO STAGES OF AMENDATORY / REVISION PROCESS

BY PROPOSAL RATIFICATION
AMENDMEN Congress (as Constituent By a vote of ¾ of ALL its Via a plebiscite,
TS Assembly) members 60-90 days after
Constitutional Limited by the Doctrine of Proper submission of
Convention submission the
Peoples’ Initiative Upon Commission on Elections’ amendments.
certification of the sufficiency of
the Petition.
REVISIONS Congress (as Constituent By a vote of ¾ of ALL its Via a plebiscite,
Assembly) members 60-90 days after
Constitutional Limited by the Doctrine of Proper submission of
Convention Submission the revisions.

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D. SELF-EXECUTING AND NON-SELF
EXECUTING PROVISIONS
SELF-EXECUTING PROVISION – A provision
which is complete in itself and becomes operative
without the aid of supplementary or enabling
legislation, or that which supplies a sufficient rule
by means of which the right it grants may be
enjoyed or protected. (Manila Prince Hotel vs.
Government Service Insurance System, G.R. No.
122156, February 3, 1997)
NON-SELF-EXECUTING PROVISIONS – Not
judicially enforceable constitutional rights, and can
only provide guidelines for legislation (Tondo
Medical Center Employees Association vs. Court of
Appeals, G.R. No. 167324, July 17, 2007). These
provisions merely lay down general principles. (Manila
Prince Hotel vs. Government Service Insurance System,
G.R. No. 122156, February 3, 1997)
GENERAL PRESUMPTION: All provisions of the
constitution are self-executing. (Manila Prince Hotel
vs. Government Service Insurance System, G.R. No.
122156, February 3, 1997)
EXCEPTION: Statements of general principles,
such as those in Art. II, are usually not self-
executing. Other examples in jurisprudence:
constitutional provisions on personal dignity,
sanctity of family life, vital role of the youth in
nation-building, values of education, social justice
and human rights, promotion of general welfare,
vital role of the youth in nation-building,
promotion of total human liberation and
development are merely guidelines for legislation.
EXCEPTION TO THE EXCEPTION: The right to
a balanced and healthful ecology is self-executing.
(Oposa v. Factoran, G.R. No. 101083, July 30, 1993)
E. GENERAL PROVISIONS (Art. XVI, 1987
Constitution)
Flag
The flag of the Philippines shall be red, white, and
blue, with a sun and three stars, as consecrated
and honored by the people and recognized by law.
(Sec. 1)
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Name of the country, national anthem and
national seal
The Congress may, by law, adopt a new name for
the country, a national anthem, or a national seal,
which shall all be truly reflective and symbolic of
the ideals, history, and traditions of the people.
Such law shall take effect only upon its ratification
by the people in a national referendum. (Sec. 2)
Armed Forces of the Philippines
The Armed Forces of the Philippines shall be
composed of a citizen armed force which shall
undergo military training and serve as may be
provided by law. It shall keep a regular force
necessary for the security of the State. (Sec. 4)
1. All members of the armed forces shall take
an oath or affirmation to uphold and defend
this Constitution.
2. The State shall strengthen the patriotic
spirit and nationalist consciousness of the
military, and respect for people's rights in
the performance of their duty.
3. Professionalism in the armed forces and
adequate remuneration and benefits of its
members shall be a prime concern of the
State. The armed forces shall be insulated
from partisan politics.
4. No member of the military shall engage,
directly or indirectly, in any partisan political
activity, except to vote.
5. No member of the armed forces in the
active service shall, at any time, be
appointed or designated in any capacity to
a civilian position in the Government,
including government-owned or controlled
corporations or any of their subsidiaries.
6. Laws on retirement of military officers
shall not allow extension of their service.
7. The officers and men of the regular force
of the armed forces shall be recruited
proportionately from all provinces and
cities as far as practicable.
8. The tour of duty of the Chief of Staff of
the armed forces shall not exceed three
years. However, in times of war or other
national emergency declared by the
Congress, the President may extend such
tour of duty. (Sec. 5)
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National Police Force
The State shall establish and maintain one police
force, which shall be national in scope and civilian
in character, to be administered and controlled by
a national police commission. The authority of
local executives over the police units in their
jurisdiction shall be provided by law.
(Sec. 6)
Mass Media
The ownership and management of mass media
shall be limited to citizens of the Philippines, or to
corporations, cooperatives or associations, wholly-
owned and managed by such citizens.
The Congress shall regulate or prohibit
monopolies in commercial mass media when the
public interest so requires. No combinations in
restraint of trade or unfair competition therein
shall be allowed.
The advertising industry is impressed with public
interest, and shall be regulated by law for the
protection of consumers and the promotion of the
general welfare.
Only Filipino citizens or corporations or
associations at least seventy percent of the capital
of which is owned by such citizens shall be allowed
to engage in the advertising industry.
The participation of foreign investors in the
governing body of entities in such industry shall
be limited to their proportionate share in the
capital thereof, and all the executive and
managing officers of such entities must be citizens
of the Philippines. (Sec. 11)
II. GENERAL CONSIDERATIONS
NATIONAL TERRITORY
ARCHIPELAGIC DOCTRINE: The national
territory comprises the Philippine archipelago,
with all the islands and waters embraced therein,
and all other territories over which the Philippines
has sovereignty or jurisdiction, consisting of its
terrestrial, fluvial, and aerial domains, including its
territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. The waters
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around, between, and connecting the islands of
the archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the
Philippines. (Art. I, 1987 Constitution)
ARCHIPELAGO – a group of islands including
parts of islands, interconnecting waters and other
natural features which are closely interrelated that
such islands, waters and other natural features
from an intrinsic geographical, economic and
political entity, or which historically have been
regarded as such. (Art. 46[b], United Nations
Convention on the Law of the Sea)
TREATY LIMITS OF THE PHILIPPINE
ARCHIPELAGO
1. Treaty of Paris (December 10, 1898): Spain
cedes to the United States the archipelago
known as the Philippines Islands, and
comprehending the islands lying within the
following line.
N.B. Art. 3 defines the metes and bounds of the
archipelago by longitude and latitude, degrees and
seconds. Technical descriptions are made of the
scope of the archipelago as this may be found on
the surface of the earth.
2. Treaty of Washington (November 7, 1900)
between the United States and Spain: Ceding
Cagayan, Sibuto, and Sulu.
3. Treaty between the United States and
Great Britain (January 2, 1930): Ceding the
Turtle and Mangsee Islands.
REPUBLIC ACT NO. 3046: An Act to Define
the Baselines of the Territorial Sea of the
Philippines (June 17, 1961) – This law
recognized the Strait Baseline Method in
determining Philippine territory. The appropriate
points of the outermost islands of the archipelago
are connected with straight lines until all islands
are surrounded or enclosed by the imaginary
straight line. All landmasses within the baselines
are part of the national territory.
REPUBLIC ACT NO. 9552 – amended R.A. No.
3046, which specified that baselines of Kalayaan
Group of Islands and Bajo de Masinloc
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(Scarborough Shoal) shall be determined as
“Regime of Islands” under the Republic of the
Philippines, consistent with the United Nations
Convention on the Law of the Sea.
 R.A. No. 9552 is not unconstitutional. It is a
statutory tool to demarcate the maritime zone
and continental shelf of the Philippines under
UNCLOS III, and does not alter the national
territory. While UNCLOS III does not bind the
Philippines to pass a Baseline Law, Congress
may do so.
REPUBLIC ACT NO. 5446 (September 8, 1969)
– This statute specifically indicates that Sabah is
part of Philippine territory. This law has not been
repealed and thus the Philippines has not formally
dropped its claim to Sabah.
 The law does not abandon the country’s claim
to Sabah, as it does not expressly repeal the
entirety of R.A. No. 5446. (Magallona v. Ermita,
G.R. No. 187167, August 16, 2011)
 Under Articles 13 and 121 of the Convention on
the Law of the Sea, features that are above
water at high tide generate an entitlement to
at least a 12 nautical mile territorial sea,
whereas features that are submerged at high
tide generate no entitlement to maritime
zones.The Tribunal agreed with the Philippines
that Scarborough Shoal, Johnson Reef,
Cuarteron Reef, and Fiery Cross Reef are high-
tide features and that Subi Reef, Hughes Reef,
Mischief Reef, and Second Thomas Shoal were
submerged at high tide in their natural
condition. However, the Tribunal disagreed
with the Philippines regarding the status of
Gaven Reef (North) and McKennan Reef and
concluded that both are high tide features
(Philippines vs. China, The South China Sea
Arbitration, July 12, 2016)
REGIME OF ISLANDS – a naturally formed area
of land, surrounded by water which is above water
at high tide (Article 121, UNCLOS).”
 Meanwhile, “rocks” cannot sustain human
habitation of their own. The importance of the
difference between a natural island and rock is
that an island is provided with territorial sea,
exclusive economic zone and continental shelf,
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whereas rocks have no exclusive economic
zone and continental shelf.
STATE IMMUNITY (Sec. 3, Art. XVI, 1987 Constitution)
STATE – A community of persons, more or less
numerous, permanently occupying a definite
portion of territory, independent of external
control, and possessing an organized government
to which a great body of the inhabitants render
habitual obedience; a politically organized
sovereign community independent of outside
control bound by ties of nationhood, legally
supreme within its territory, acting through a
government functioning under a regime of law.
(Commission on Internal Revenue v. Campos Rueda,
G.R. No. L-13250, October 29, 1971)
DOCTRINE OF ROYAL PREROGATIVE OF
DISHONEST – There can be no legal right
against the authority that makes the law on which
the rights depend. (Republic of the Philippines vs.
Villasor, G.R. No. L-30671, November 28, 1973)
Constitutional Basis: The State may not be
sued without its consent. (Article. XVI, Section 3,
1987 Constitution)
International Law Basis: Immunity is enjoyed
by other states, consonant with the public
international law principle of par in parem, non
habet imperium (an equal has no power over an
equal).
Jurisprudential Basis:
Positivist Theory – There can be no legal right as
against the authority that makes the laws on
which the right depends. (Kawananakoa v. Polybank,
205 U.S. 349, 1907)
Sociological theory – If the State is amenable to
suits, all its time would be spent defending itself
from suits and this would prevent it from
performing its other functions. (Republic vs. Villasor,
G.R. No. L-3067, November 28, 1973)
The following are immune from suit under
international law:
1. The Head of State, who is the personification
of the State;
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2. The State’s diplomatic agents, including government in
consuls, to a certain extent; and particular.
3. A foreign agent, operating within a territory, as
long as it can be established that he is acting HOW STATE’S CONSENT IS GIVEN
within the directives of the sending state.
(Minucher vs. Court of Appeals, G.R. No. 142396, 1. Express Consent: Effected only by will
February 11, 2003); of the legislature through the medium of a duly
enacted statute; may be embodied either in a
The United Nations, as well as its organs and general law or a specific law.
specialized agencies; and
General Law: Authorizes any person who meets
Other international organizations or international the conditions stated in the law to sue the
agencies may be immune from the jurisdiction of government in accordance with the procedure in
local courts and local administrative tribunals. law.
(SEAFDEC vs. National Labor Relations Commission,
G.R. No. 86773, February 14, 1992) Special Law: Specific consent is given when a
law is enacted authorizing a particular person to
Test if suit is against the State: Whether the bring a specified suit against the government in
enforcement of a decision, rendered against the respect to a particular claim or cause.
public officer or agency impleaded requires an
affirmative act from the State, such as the 2. Implied Consent
appropriation of the needed amount to satisfy the
judgment. (Sanders vs. Veridiano, G.R. No. L-46930, a. When the State enters into a business
June 10, 1988)
contract or itself commences litigation;
b. If the government files a complaint,
defendant may file a counterclaim against
SUITS AGAINST THE SUITS NOT AGAINST
STATE THE STATE
it;
The enforcement of the When the purpose of c. When the State files complaint, suability will
Decision will require an the suit is to compel an result only where the government is
affirmative act from the officer charged with claiming affirmative relief from the
State, such as the the duty of making defendant;
appropriation of the payments pursuant to d. When it would be inequitable for the State
needed amount to an appropriation made to invoke its immunity;
satisfy the judgment. by law in favor of the e. In instances when the State takes private
(Sanders vs. Veridiano, plaintiff to make such
property for public use or purpose.
G.R. No. L-46930, June payment, since the suit
10, 1988; Republic of is intended to compel
the Philippines, G.R. No. performance of a Specific Rules
70853, March 12, 1987) ministerial duty.
Cannot prosper unless (Begoso v. PVA, G.R. 1. Suits against government agencies
the State gives its No. L-25916, April 30,
consent. 1970) Immunity from suits is determined by the
When from the character of the objects for which the entity was
allegations in the organized.
complaint, it is clear
that the respondent is
a. Incorporated: if the charter provides that
a public officer sued in
a private capacity. the agency can sue and be sued, then the
When the action is not suit will prosper, including one for tort. The
in personam with the provision in the charter constitutes express
government as the consent on the part of the State to be sued.
named defendant, but
an action in rem that Municipal corporations are agencies of the State
does not name the when they are engaged in governmental functions
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and therefore should enjoy the sovereign
immunity from suit. Nevertheless, they are subject
to suit even in the performance of such functions
because their charter provided that they can sue
and be sued.
 Stated differently, a State may be said to have
b. Unincorporated: Inquire into the principal
functions of the agency:
i. If governmental, NO suit without
consent;
ii. If proprietary, suit will prosper
because when the State engages in
principally proprietary functions,
then it descends to the level of a
private individual.
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immunity is proper only when the proceedings
arise out of commercial transactions of the foreign
sovereign, its commercial activities or economic
affairs.
descended to the level of an individual and can
thus be deemed to have tacitly given its
consent to be sued only when it enters into
business contracts. It does not apply where the
contract relates to the exercise of its sovereign
functions. (U.S. vs. Ruiz, G.R. No. L-35645, May 22,
1985)
Distinction between acts jure imperii and
jure gestionis

2. Suits against Local Government Units JURE IMPERII JURE GESTIONIS

Contract entered into Contracts entered
Every local government unit shall have the power by the government in into by the
to sue and be sued. (Sec. 22, Local Government its sovereign capacity. government in its
Code) commercial and
proprietary capacity.
2. Suits against Public Officers
No waiver of state There is waiver of
immunity. state immunity from
The doctrine of state immunity extends its
suit – Restrictive
protective mantle also to complaints filed against
Doctrine of State
state officials for acts done in the discharge and
Immunity from Suit.
performance of their duties. (United States of
America v. Judge Guinto, 261 Phil. 777, February 26,
1990)  In exercising the right of domain, the Court
explained, the State exercised its jus imperii,
3. Suits against foreign States as distinguished from its proprietary rights, or
jus gestionis; yet, even in that area, where
Under the Principle of Sovereign Equality of private property had been taken in
States, one state cannot assert its jurisdiction over expropriation without just compensation being
the other; thus, “a state cannot be sued in the paid, the defense of immunity from suit could
courts of another state” as this would unduly vex not be set up by the State against an action for
the peace of nations. (United States of America v. payment by the owners. (Air Transportation
Judge Guinto, 261 Phil. 777, February 26, 1990) Office vs. Sps. David, G.R. No. 159402, February 23,
2011)

4. Suits against international agencies and

their officials
International agencies and their agents enjoy
immunity from suit in the Philippines. (Convention
on the Privileges and Immunities of
Specialized Agencies of the United Nations)
Exceptions to the Principle of State
Immunity:The restrictive application of State
Scope of Consent (Suability v. Liability)
Consent to be sued is NOT concession of
liability: Suability depends on the consent of the
State to be sued, and liability on the applicable law
the
and the established facts. The circumstance that a
state is suable does not necessarily mean that it is
liable; on the other hand, it can never be held
liable if it does not first consent to be sued. When
the state does waive its sovereign immunity, it is
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only giving the plaintiff the chance to prove, if it sovereign, its commercial activities or economic
can, that the defendant is liable. (United States of affairs.
America v. Judge Guinto, 261 Phil. 777, February 26,
1990)  Stated differently, a State may be said to have
descended to the level of an individual and can
 However, funds of government corporations thus be deemed to have tacitly given its
which can be sued or sue are not exempt from consent to be sued only when it enters into
garnishment. (Philippine National Bank vs. business contracts. It does not apply where the
Pabalan, 83 SCRA 595, June 15, 1978) contract relates to the exercise of its sovereign
functions. (U.S. vs. Ruiz, G.R. No. L-35645, May 22,
Indirect suits against the government are 1985)
prohibited
Distinction between acts jure imperii and
5. Actions brought indirectly against the State are jure gestionis
prohibited. The rule may not be circumvented
by bringing a normal suit against an officer of JURE IMPERII JURE GESTIONIS
the government where the nature of the action Contract entered Contracts entered into
is in reality against the State. Likewise, a suit into by the by the government in
filed against an officer is not allowed if it seeks government in its its commercial and
to impose a financial charge against the sovereign capacity. proprietary capacity.
government like an action for attachment or
No waiver of state There is waiver of
Suits against Public Officers
immunity. state immunity from
suit – Restrictive
The doctrine of state immunity extends its
Doctrine of State
protective mantle also to complaints filed against
Immunity from Suit.
state officials for acts done in the discharge and
performance of their duties. (United States of
 In exercising the right of domain, the Court
America v. Judge Guinto, 261 Phil. 777, February 26,
1990) explained, the State exercised its jus imperii,
as distinguished from its proprietary rights, or
6. Suits against foreign States jus gestionis; yet, even in that area, where
private property had been taken in
Under the Principle of Sovereign Equality of expropriation without just compensation being
States, one state cannot assert its jurisdiction over paid, the defense of immunity from suit could
the other; thus, “a state cannot be sued in the not be set up by the State against an action for
courts of another state” as this would unduly vex payment by the owners. (Air Transportation
the peace of nations. (United States of America v. Office vs. Sps. David, G.R. No. 159402, February 23,
Judge Guinto, 261 Phil. 777, February 26, 1990) 2011)

7. Suits against international agencies and

their officials Scope of Consent (Suability v. Liability)

International agencies and their agents enjoy
immunity from suit in the Philippines. (Convention
on the Privileges and Immunities of the
Specialized Agencies of the United Nations)
Exceptions to the Principle of State
Immunity: The restrictive application of State
immunity is proper only when the proceedings
arise out of commercial transactions of the foreign
Consent to be sued is NOT concession of
liability: Suability depends on the consent of the
State to be sued, and liability on the applicable law
and the established facts. The circumstance that a
state is suable does not necessarily mean that it is
liable; on the other hand, it can never be held
liable if it does not first consent to be sued. When
the state does waive its sovereign immunity, it is
only giving the plaintiff the chance to prove, if it
can, that the defendant is liable. (United States of
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America v. Judge Guinto, 261 Phil. 777, February 26, 1. Ours is a government of laws and not of
1990) men (Villavicencio vs. Lukban, G.R. No. L-
14639, March 25, 1919);
 However, funds of government corporations 2. Rule of majority;
which can be sued or sue are not exempt from 3. Accountability of public officials;
garnishment. (Philippine National Bank vs. 4. Bill of rights;
Pabalan, 83 SCRA 595, June 15, 1978) 5. Legislature cannot pass irrepealable
laws; and
Indirect suits against the government are 6. Separation of powers.
prohibited
Rule of Law
Actions brought indirectly against the State are
prohibited. The rule may not be circumvented by Ours is a government of laws and not of men. It
bringing a normal suit against an officer of the is meant that no man in this country is so high that
government where the nature of the action is in he is above the law, that no officer of the law may
reality against the State. Likewise, a suit filed set the law at defiance with impunity, and that all
against an officer is not allowed if it seeks to officers of the government are creatures of the law
impose a financial charge against the government and are bound to obey it.
like an action for attachment or
Rule of the Majority
Sovereign Power
In elections, majority is plurality. All that a
 The people are possessors of sovereign power, candidate has to get is the highest number of
and the source of all government authority. votes in order to be declared the winner without
 This does not mean, however, that the new necessarily getting more than 50% of the votes
constitution allows direct or pure democracy cast. Consequently, the will of the majority may
where the people directly manage their affairs. not be thwarted directly or indirectly.
The people should not exercise the powers of
government directly. They can do it only Kinds of Majority
through the medium of duly elected and
appointed public officials. SIMPLE ABSOLUTE QUALIFIED
MAJORITY MAJORITY MAJORITY
Representation and Renovation 50% plus one 50% plus one That otherwise
of all those of all the provided in the
Under our Constitutional system, the highest present. members of Constitution or
elective offices in the land are held on a temporary the body law as the vote
basis for certain fixed periods. During elections, required (e.g.,
2/3 of the
the people are given the choice of retaining the
Senate to
office holder or replacing him. Vital to the process concur with a
is the holding of clean, free and honest elections. treaty).

Revocation
ADHERENCE TO INTERNATIONAL LAW
Aside from the Principle of Renovation,
The Philippines renounces war as an instrument of
Republicanism also vests the power of Revocation
national policy, adopts the generally accepted
or the capacity to remove elective officials from
principles of international law as part of the law of
public office through impeachment and recall
the land, and adheres to the policy of peace,
elections.
equality, justice, freedom, cooperation, and amity
with all nations. (Sect. 2, Art. II, 1987 Constitution)
Manifestations of Republicanism:
Renunciation of War

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The kind of war renounced is the war of
aggression normally for territorial
aggrandizement. A war, however, where the
country has to defend its honor and integrity is
allowed. The United Nations allows the use of
arms in cases of individual and collective self-
defense.
ADOPTION OF INTERNATIONAL LAW
DOCTRINE OF INCORPORATION – the
generally accepted principles of international law
become part of the law of the land without need
of a law to be passed by Congress. As to what is
a “generally accepted principle” will have to be
ascertained by the courts of justice.
 The doctrine of incorporation dictates that the
rule of international law are given equal
standing with, and are not superior to national
legislative enactment. Accordingly, the
principle of lex posterior derogate priori takes
effect. In states where the Constitution is the
highest law of the land, such as the Philippines,
both statutes and treaties may be invalidated if
they are in conflict with the Constitution.
(Secretary of Justice vs. Lantion, G.R. No. 111088,
June 13, 1997)
DOCTRINE OF AUTO-LIMITTAION – the
Philippines cannot enact or adapt laws which will
circumvent or contravene international laws.
Conflict between International and
Municipal law: If there is a conflict between
Philippine law and international law, efforts must
be made to harmonize the conflicting provisions.
If the conflict is irreconcilable, and a choice has to
be made between the two, Philippine Law must be
upheld as police power cannot be bargained away
by the medium of a treaty.
CIVILIAN SUPREMACY
Civilian authority is, at all times, supreme over the
military. The Armed Forces of the Philippines is the
protector of the people of the State. Its goal is to
secure the sovereignty of the State and the
integrity of the national territory. (Sec. 3, Art. II,
1987 Constitution)
 The deployment of the Marines does not
constitute a breach of the civilian supremacy
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clause nor does it infringe the civilian character
of the police force. The calling of the Marines
in this case constitutes permissible use of
military assets for civilian law enforcement.
The participation of the Marines in the conduct
of joint visibility patrols is appropriately
circumscribed It is noteworthy that the local
police forces are the ones in charge of the
visibility patrols at all times, the real authority
belonging to the PNP.(Integrated Bar of the
Philippines vs. Zamora, G.R. No. 141284, August 15,
2000)
Rationale: The provision was primarily intended
for the people to develop confidence in running
the affairs of the government. Likewise, it was
meant to allay fears of military takeover of the
civilian government. The military is the sword of
the Republic. It is an instrument for the
preservation of its own existence and the
enforcement of authority. It should not be used in
any form or manner that may coerce the consent
of the people. Thus, the military must be under
the control at all times by the elected
representatives of the people.
The following provisions also ensure
supremacy of the civilian rule over the
military:
1. The installation of the President, the
highest civilian authority, as the
commander-in-chief of all the armed
forces of the Philippines. (Sec. 18, Art. VII,
1987 Constitution);
2. The requirement that members of the AFP
swear to uphold and defend the
Constitution which is the fundamental law
of the civil government. (Sec. 5[1], Art. XVI,
1987 Constitution);
3. The requirement that members of the AFP
shall have respect for people’s rights in
the performance of their duty. (Sec. 5[2],
Art. XVI, 1987 Constitution);
4. Professionalism in the armed forces. (Sec.
5[3], Art. XVI, 1987 Constitution);
5. Insulation of the AFP from partisan
politics. (Sec. 5[3], Art. XVI, 1987
Constitution);
6. Prohibition against the appointment of an
AFP member in the active service to a
civilian position. (Sec. 5[4], Art. XVI, 1987
Constitution);
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7. Compulsory retirement of officers without
extension of service. (Sec. 5[5], Art. XVI,
1987 Constitution);
8. Requirement of proportional recruitment
from all provinces and cities, so as to
avoid any regional clique from forming
within the AFP. (Sec. 5[6], Art. XVI, 1987
Constitution);
9. A 3-year limitation on the tour of duty of
the Chief of Staff, which although
extendible in case of emergency by the
President, depends on Congressional
declaration of emergency.
10. The establishment of a police force that is
not only civilian in character but also
under the local executives. (Sec. 6, Art. XVI,
1987 Constitution)
GOVERNMENT AS PROTECTOR AND PEOPLE
AS DEFENDERS OF THE STATE
The prime duty of the Government is to serve and
protect the people. The Government may call
upon the people to defend the State and, in the
fulfillment thereof, all citizens may be required,
under conditions provided by law, to render
personal military or civil service. (Sec. 4, Art. II,
1987 Constitution)
The maintenance of peace and order, the
protection of life, liberty and property, and the
promotion of the general welfare are essential for
the enjoyment by all the people of the blessings
of democracy. (Sec. 5, Art. II, 1987 Constitution)
The Armed Forces of the Philippines shall be
composed of a citizen armed force which shall
undergo military training and serve, as may be
provided by law. It shall keep a regular force
necessary for the security of the State. (Sec. 4, Art.
XVI, 1987 Constitution)
Compulsory military or civil service;
protection of people and state
 The prime duty of the Government is to serve
and protect the people. The government may
call upon the people to defend that State, in
the fulfillment thereof; all citizens may be
required, under the conditions provided by law,
to render personal military or civil service.
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 Section 4, Article II does not contemplate
money or property or their equivalent, but
personal service.
 Substitutionary service is not allowed because
of the equal protection clause.
A citizen cannot invoke exemption from
rendering military and civil service on the
ground of religion as this provision is based on
the inherent right of every state to existence
and self preservation.
 The National Defense Law, in so far as it
establishes compulsory military service, does
not go against Sec. 2, Art. II, of the 1987
Constitution, but is, on the contrary, in faithful
compliance therewith.
 The duty of the government to protect the
State cannot be performed except through an
army. To leave the organization of an army to
the will of the citizens would be to make this
duty of the government excusable should there
be no sufficient men who volunteer to enlist
therein.
Rule of Military Service for Resident Aliens
Aliens permanently residing in the Philippines may
be required to render military service because of
the following reasons:
Resident aliens owe temporary allegiance to the
Philippines for their protection. (Carlisle vs. United
States, 83 U.S. 147, [1872])
 The Philippines exercises sovereignty over all
persons, whether citizens or aliens residing in
the country.
 It is an obligation inherent in his membership
in the political community and is the price he
has to pay for the protection of the laws and
the benefits received from the state of which
he is a part.
 The constitution provides that the government
may call upon the people to defend the state.
It does not say “Filipino people” only.
SEPARATION OF CHURCH AND STATE
The separation of church and state shall be
inviolable. (Sec. 6, Art. II, 1987 Constitution)
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No law shall be made respecting an establishment
of religion, or prohibiting the free exercise thereof.
The free exercise and enjoyment of religious
profession and worship, without discrimination or
preference, shall forever be allowed. No religious
test shall be required for the exercise of civil and
political rights. (Sec. 5, Art. II, 1987 Constitution)
The Commission on Elections shall… register, after
sufficient publication, political parties,
organizations, or coalitions… Religious
denominations and sects shall not be registered.
(Sec. 2[5], Art. IX-C, 1987 Constitution)
 Under Benevolent Neutrality the “wall of
separation” is meant to protect the church
from the State. It believes that with respect to
governmental actions, accommodation of
religion may be allowed, not to promote the
government’s favored form of religion, but to
allow individuals and groups to exercise their
religion without hindrance. (Estrada vs. Escritor,
A.M. No. P‐02‐ 1651, June 22, 2006)
The Constitution mandates the separation
of Church and State through the following:
1. Non-Establishment Clause – public funds
cannot be spent for religious purposes
(Sec. 5, Art. III, 1987 Constitution);
2. Free Exercise Clause. (Sec. 5, Art. III, 1987
Constitution);
3. Religious Test Clause. (Section 5, Article III,
1987 Constitution);
4. Ineligibility of religious sects from being
registered as a political party. (Sec. 61, B.P.
Blg. 881)
Exceptions to Separation of Church and
State:
 Tax exemption of lands and buildings used for
religious purposes from real property taxes
(Sec. 28[3] Art. VI, 1987 Constitution);
 Exemption for appropriation for sects (Section
29 [2], Article VI, 1987 Constitution);
 Optional religious instruction in schools
(Section 3 [3], Article XIV, 1987 Constitution);
 Exceptions on Filipino ownership for schools
(Section 4[2], Article XIV, 1987 Constitution)
STATE POLICIES
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INDEPENDENT FOREIGN POLICY
The State shall pursue an independent foreign
policy. In its relations with other states the
paramount consideration shall be national
sovereignty, territorial integrity, national interest,
and the right to self-determination. (Sec. 7, Arti.
II, 1987 Constitution)
NUCLEAR-FREE PHILIPPINES
The Philippines, consistent with national interest,
adopts and pursue a policy of freedom from
nuclear weapons in its territory. (Sec. 8, Art. II,
1987 Constitution)
Nuclear Weapons: The phrase “consistent with
the national interest” seems to indicate that the
Constitution itself has mandated that nuclear
weapons are absolutely prohibited in the country.
However, in the deliberations of the Constitutional
Commission, the phrase “consistent with the
national interest” was understood to mean
“subject to the national interest” signifying that
the issue of “whether or not to allow nuclear
weapon” depends on Congress.
New Bases Agreement: Any new bases
agreement must be contained in a treaty
concurred in by the Senate and when Congress so
requires, ratified by the people in a national
referendum. It must also be recognized as a treaty
by the other contracting state meaning that not
only by its president but also by its Senate must
concur with the treaty to prevent it from refusing
appropriation therefore.
Visiting Forces Agreement (VFA): The
Philippines entered into an agreement with the US
for joint military exercises, which although not a
bases agreement, allows entry of American troops
and facilities in the country. The 1999 VFA was
treated as a treaty by the Philippine government
and hence, sent to the Senate, which approved
the same.
Justification of the legality of VFA: Sec. 25,
Art. XVIII disallows foreign military bases, troops,
or facilities in the country, unless the following
conditions are sufficiently met, viz: (a) it must be
under a treaty; (b) the treaty must be duly
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concurred in by the Senate and, when so required
by Congress, ratified by a majority of the votes
cast by the people in a national referendum; and
(c) recognized as a treaty by the other contracting
state. The phrase “recognized as a treaty” means
that the other contracting party accepts or
acknowledges the agreement as a treaty.
 It is inconsequential whether the US treats the
VFA only as an executive agreement because,
under international law, an executive
agreement is as binding as a treaty. To be sure,
as long as the VFA possesses the elements of
an agreement under international law, the said
agreement is to be taken equally as a treaty.
 With the ratification of the VFA, which is
equivalent to final acceptance, and with the
exchange of notes between the Philippines
and the United States of America, it now
becomes obligatory and incumbent on our
part, under the principles of international law,
to be bound by the terms of the agreement.
(BAYAN vs. Executive Secretary Ronaldo, GR No.
138570 and Companion Cases, October 10, 2000)
 A plain textual reading of Art. XIII, Sec. 25,
inevitably leads to the conclusion that it applies
only to a proposed agreement between our
government and a foreign government,
whereby military bases, troops, or facilities of
such foreign government would be "allowed"
or would "gain entry" Philippine territory. It is
evident that the constitutional restriction refers
solely to the initial entry of the foreign military
bases, troops or facilities. Once entry is
authorized, the subsequent acts are thereafter
subject only to the limitations provided by the
rest of the Constitution and Philippine law, and
not to the Section 25 requirement of validity
through a treaty. (Saguisag vs. Executive
Secretary, G.R. No. 212426, January 12, 2016)
JUST AND DYNAMIC SOCIAL ORDER
The state shall promote a just and dynamic social
order that will ensure the prosperity and
independence of the nation and free the people
from poverty through policies that provide
adequate social services, promote full
employment, a rising standard of living, and an
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improved quality of life for all. (Sec. 9, Art. II, 1987
Constitution)
PROMOTION OF SOCIAL JUSTICE
The state shall promote social justice in all phases
of national development. (Sec. 10, Art. II, 1987
Constitution)
SOCIAL JUSTICE – It is neither communism, nor
despotism, nor atomism, nor anarchy, but the
humanization of laws and the equalization of social
and economic forces by the State so that justice
in its rational and objectively secular conception
may at least be approximated. Social justice
means the promotion of the welfare of all the
people, the adoption by the Government of
measures calculated to insure economic stability
of all the competent elements of society, through
the maintenance of a proper economic and social
equilibrium in the interrelations of the members of
the community, constitutionally, through the
adoption of measures legally justifiable, or extra-
constitutionally, through the exercise of powers
underlying the existence of all governments on the
time-honored principles of salus populi est
suprema lex. (Calalang vs. Williams, G.R. No. 47800,
December 02, 1940)
WELFARE STATE – The government shall
actively involve itself in providing for measures
that will ensure the greatest good for the greatest
number of people. The state is held to be
responsible in coping with the social and economic
problems by exercising the powers necessary to
promote the general welfare.
RESPECT FOR HUMAN DIGNITY AND
HUMAN RIGHTS
The State values the dignity of every human
person and guarantees full respect for human
rights. (Sec. 11, Art. II, 1987 Constitution)
Scope of Human Rights: Those that relate to
an individual’s social, economic, cultural, political,
and civil relations along with what is considered to
be his inherent and inalienable rights
encompassing almost all aspects of life.
Cases of Human Rights under the
Commission on Human Rights
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1. Protection of Rights of Political;
2. Treatment of Prisoners and Prevention of
Tortures;
3. Fair and Public Trials;
4. Cases of Disappearances;
5. Salvagings and Hamletting; and
6. Other crimes committed against the
religious
The FAMILY AS BASIC AUTONOMOUS
SOCIAL INSTITUTION
The State recognizes the sanctity of family life and
shall protect and strengthen the family as a basic
autonomous social institution. It shall equally
protect the life of the mother and the life of the
unborn from conception. The natural and primary
right and duty of parents in the rearing of the
youth for civic efficiency and the development of
moral character shall receive the support of the
Government. (Sec. 12, Art. II, 1987 Constitution)
Protection of the Unborn
The State shall equally protect the life of the
mother and the life of the unborn from conception.
There is a constitutional policy against abortion.
YOUTH
The State recognizes the vital role of the youth in
nation-building and shall promote and protect
their physical, moral, spiritual, intellectual, and
social well-being. It shall inculcate in the youth
patriotism and nationalism, and encourage their
involvement in public and civic affairs. (Sec. 13, Art.
II, 1987 Constitution)
FUNDAMENTAL EQUALITY OF MEN AND
WOMEN
The State recognizes the role of women in nation
building, and shall ensure the fundamental
equality before the law of women and men. (Sec.
14, Art. II, 1987 Constitution)
The State shall protect working women by
providing safe and healthful working conditions,
taking into account their maternal functions, and
such facilities and opportunities that will enhance
their welfare and enable them to realize their full
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potential in the service of the nation. (Sec. 14, Art.
XIII, 1987 Constitution)
PROMOTION OF HEALTH
The State shall protect and promote the right to
health of the people and instill health
consciousness among them. (Sec. 15, Art. II, 1987
Constitution)
The State shall adopt an integrated and
comprehensive approach to health development
which shall endeavor to make essential goods,
health and other social services available to all the
people at affordable cost. There shall be priority
for the needs of the under privileged, sick, elderly,
disabled, women, and children. The State shall
endeavor to provide free medical care to paupers.
(Sec. 11, Art. XIII, 1987 Constitution)
The State shall establish and maintain an effective
food and drug regulatory system and undertake
appropriate health, manpower development, and
research, responsive to the country’s health needs
and problems.” (Sec. 12, Art. XIII, 1987 Constitution)
The State shall establish a special agency for
disabled persons for their rehabilitation, self-
development, and self-reliance, and their
integration into the mainstream of society. (Sec.
12, Art. XIII, 1987 Constitution)
PROMOTION OF ECOLOGY
The State shall protect and advance the right of
the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature.
(Sec. 16, Art. II, 1987 Constitution)
 The right to a balanced and healthful ecology
is as important as any civil and political rights.
(Oposa vs. Factoran Jr., GR No. 101083, July 30,
1993)
PRIORITY OF EDUCATION, SCIENCE,
TECHNOLOGY, ARTS, CULTURE & SPORTS
The State shall give priority to education, science
and technology, arts, culture, and sports to foster
patriotism and nationalism, accelerate social
progress, and promote total human liberation and
development. (Sec. 17, Article II, 1987 Constitution)
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The State shall protect and promote the right of
all citizens to quality education at all levels, and
shall take appropriate steps to make such
education accessible to all. (Sec. 1, Art. XIV, 1987
Constitution)
The State shall establish and maintain a system of
free public education in the elementary and high
school levels. Without limiting the natural right of
parents to rear their children, elementary
education is compulsory for all children of school
age. (Sec. 2[2], Art. XIV, 1987 Constitution)
1. The State shall assign the highest
budgetary priority to education and ensure
that teaching will attract and retain its
rightful share of the best available talents
through adequate remuneration and other
means of job satisfaction and fulfillment.
(Sec. 5[5], Art. XIV, 1987 Constitution)
Right to quality education: Students have the
constitutional right not only to education, but also
to a quality education, up to the secondary level,
for free. The school has the right to impose
reasonable academic and disciplinary standards,
with the end in view of according the right to
education only on the basis of merit.
Academic Freedom
Academic Freedom shall be enjoyed in all
institutions of higher learning. (Sec. 5[2], Article XIV,
1987 Constitution)
 Institutional academic freedom includes the
freedom of the teacher to investigate and
discuss the problems of his science and to
express his conclusions, whether through
publication, or in the instruction of students,
without interference, unless his methods are
found to be completely incompetent or
contrary to professional ethics.
 The right to discipline the student finds basis in
the freedom "what to teach." Indeed, while it
is categorically stated under the Education Act
of 1982 that students have a right "to freely
choose their field of study, subject to existing
curricula and to continue their course therein
up to graduation," such right is subject to the
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established academic and disciplinary
standards laid down by the academic
institution. (DLSU Inc., v. Court of Appeals, G.R.
No. 127980, December 19, 2007)
PROTECTION OF LABOR
The State affirms labor as a primary social
economic force. It shall protect the rights of
workers and promote their welfare.” (Sec. 18, Art.
II, 1987 Constitution)
The State shall afford full protection to labor, local
and overseas, organized and unorganized, and
promote full employment and equality of
employment opportunities for all. (Sec. 3, Art. XIII,
1987 Constitution)
The right of the people, including those employed
in the public and private sectors, to form unions,
associations, or societies for purposes not contrary
to law shall not be abridged. (Sec. 8, Art. III, 1987
Constitution)
The right of self-organization shall not be denied
to government employees. (Sec. 2[5], Art. IX-B,
1987 Constitution)
Rights to Form Unions
 The right of government workers to form
unions is not a civil or political right but a social
or economic right.
 Employees in the civil service may not resort to
strikes, walkouts, and other temporary work
stoppages to pressure the government to
accede to its demands. The proper venue for
their grievances is in the halls of Congress.
SELF-RELIANT AND INDEPENDENT
ECONOMIC ORDER
The State shall develop a self-reliant and
independent national economy effectively
controlled by Filipinos. (Sec. 19, Art. II, 1987
Constitution)
REGALIAN DOCTRINE –all natural resources of
the country belong to the State, thus, one of its
primary goals is to conserve and develop its
natural patrimony.
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All lands of the public domain, waters, minerals,
coal, petroleum, and other mineral oils, all forces
of potential energy, fisheries, forests or timber,
wildlife, flora and fauna, and other natural
resources are owned by the State. With the
exception of agricultural lands, all other natural
resources shall not be alienated. (Sec. 2, Art. XII,
1987 Constitution)
 The classification of public lands is an exclusive
prerogative of the Executive Department
through the Office of the President. (Republic v.
Register of Deeds of Quezon, G.R. No. L-76265,
March 11, 1994)
DOCTRINE OF NATIVE TITLE – Ownership
over native land is already vested on natives even
if they do not have formal titles (Cariño v. Insular
Government, 212 U.S. 449, [1909])
Policies on Conservation of the Natural
Resource
 The enjoyment of natural resources shall be
limited to citizens of the Philippines or to
companies they control.
 The use, development and exploitation of
natural resources shall be under the control of
the State and as a rule, they cannot be
alienated.
 the enjoyment, utilization and exploitation of
natural resources shall be spread as widely as
possible among the people.
ROLE OF THE PRIVATE SECTOR IN THE
ECONOMY
The State recognizes the indispensable role of the
private sector, encourages private enterprise, and
provides incentives to needed investments. (Sec.
20, Art. II, 1987 Constitution)
COMPREHENSIVE LAND REFORM
The State shall promote comprehensive rural
development and agrarian reform. (Sec. 21, Art. II,
1987 Constitution)
Agrarian Reform
The State is mandated to uplift the plight of all
sectors of the populace for their enjoyment of a
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decent standard of living. The Constitution
specifically provides for an agrarian reform
program where the farmer may acquire ownership
of the landholdings so he may benefit fully from
the fruits of his labors.
The creation of a substantial agricultural surplus
to fuel industrial labor will lay the basis for genuine
industrialization and modernization. The
landowner will be guaranteed just compensation
and a reasonable retention limit. The rights of
small agricultural landowners and small
homestead settlers shall be respected.
The law in force on the matter is R.A No. 6657,
the Comprehensive Agrarian Reform Law.
RECOGNITION OF RIGHTS OF
INDIGENEOUS CULTURAL COMMUNITIES
The State recognizes and promotes the rights of
indigenous cultural communities within the
framework of national unity and development.
(Sec. 22, Art. II, 1987 Constitution)
The State, subject to the provisions of this
Constitution and national development policies
and programs, shall protect the rights of
indigenous cultural communities to their ancestral
lands to ensure their economic, social, and cultural
well-being. (Sec. 5, Art. XII, 1987 Constitution)
The State shall recognize, respect and protect the
rights of indigenous cultural communities to
preserve and develop their cultures, traditions,
and institutions. It shall consider these rights in
the formulation of national plans and policies. (Sec.
17, Art. XIV, 1987 Constitution)
The Congress may create a consultative body to
advise the President on policies affecting
indigenous cultural communities, the majority of
the members of which shall come from such
communities. (Sec. 12 Art. XVI, 1987 Constitution)
INDIGENOUS PEOPLES’ RIGHTS ACT (R.A
No. 8371, October 29, 1997) – recognizes the
existence of indigenous cultural communities or
indigenous peoples as a distinct sector in
Philippine society. It grants these people the
ownership and possession of their ancestral
domains and ancestral lands, and defines the
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extent of these lands and domains. The ownership
given is the indigenous concept of ownership
under customary law which traces its origin to
native title.
INDIGENOUS CULTURAL COMMUNITIES or
INDIGENOUS PEOPLES – a group of people or
homogeneous societies who have continuously
lived as an organized community on communally
bounded and defined territory.
 An associative arrangement does not uphold
national unity. While there may be a semblance
of unity because of the associative ties
between the BJE and the national government,
the act of placing a portion of Philippine
territory in a status which, in international
practice, has generally been a preparation for
independence, is certainly not conducive to
national unity. (The Province of North Cotobato vs.
Government of the Republic of the Philippines Peace
Panel on Ancestral Domain, G.R. No. 183591,
October 14, 2008.)
INDEPENDENT PEOPLE’S ORGANIZATION
The State shall encourage non-governmental,
community-based, or sectoral organizations that
promote the welfare of the nation. (Sect. 23, Art. II,
1987 Constitution)
The State shall respect the role of independent
people’s organizations to enable the people to
pursue and protect, within the democratic
framework, their legitimate and collective interests
and aspirations through peaceful and lawful
means. (Sec. 15, Art. XIII, 1987 Constitution)
The right of the people and their organizations to
effective and reasonable participation at all levels
social, political, and economic decision-making
shall not be abridged. The State shall, by law,
facilitate the establishment of adequate
consultation mechanisms. (Sec. 16, Art. XIII, 1987
Constitution)
PEOPLE’S ORGANIZATIONS – bona fide
associations of citizens with demonstrated
capacity to promote the public interest and with
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identifiable leadership, membership, and
structure.
COMMUNICATION AND INFORMATION IN
NATION-BUILDING
The State recognizes the vital role of
communication and information in nation-building.
(Sec. 24, Art. II, 1987 Constitution)
The State shall provide the policy environment for
the full development of Filipino capability and the
emergence of communication structures suitable
to the needs and aspirations of the nation and the
balanced flow of information into, out of, and
across the country, in accordance with policy that
respects the freedom of speech and of the press.
(Sec. 10, Art. XVI, 1987 Constitution)
Mass media and Advertising: The Constitution
recognizes the essential role of communication
and information in nation building. In recognition
of such, the ownership and management of mass
media are required to be in the hands of the
Filipinos. Commercial advertising is now defined as
being vested with public interest, and can thus be
owned and managed only by 70% Filipino
corporations. While monopolies in mass media
may be regulated or prohibited, combinations in
restraint of trade and unfair competition in
information matters are absolutely prohibited.
(Sec. 11, Art. XVI, 1987 Constitution)
AUTONOMY OF LOCAL GOVERNMENTS
The State shall ensure the autonomy of local
governments. (Sec. 25, Art. II, 1987 Constitution)
LOCAL GOVERNMENT UNIT – a body politic
and corporate endowed with powers to be in
conformity with law; it performs dual functions:
governmental and proprietary. (Sec. 15, Republic
Act No. 7160)
Rationale of Local Autonomy
 To relieve the local government from
monolithic control of the national government.
 To make local governments more self-reliant
so that they can cease to be mendicants of the
national government.
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 To give them the widest participation and
initiative in self-government.
EQUAL ACCESS OF OPPORTUNITIES FOR
PUBLIC SERVICE
The State shall guarantee equal access of
opportunities for public service, and prohibit
political dynasties as may be defined by law. (Sec.
26, Art. II, 1987 Constitution)
 The right to vote and be voted for shall not be
dependent upon the wealth of the individual
concerned, whereas social justice presupposes
equal opportunity for all, rich and poor alike,
and that, accordingly, no person shall, by
reason of poverty, be denied the chance to be
elected to public office. (Maquera vs. Borra, G.R.
No. L-24761, September 7, 1965)
HONEST PUBLIC SERVICE
The State shall maintain honesty and integrity in
the public service, and take positive and effective
measures against graft and corruption. (Sect. 27,
Art. II, 1987 Constitution)
FULL PUBLIC DISCLOSURE
Subject to reasonable conditions prescribed by
law, the State adopts and implements a policy of
full public disclosure of all its transaction involving
public interest. (Sec. 28, Art. II, 1987 Constitution)
The right of the people to information on matters
of public concern shall be recognized. Access to
official records, and to documents and papers
pertaining to official acts, transactions, or
decisions, as well as to government research data
used as basis for policy development, shall be
afforded the citizen, subject to such limitations as
may be provided by law. (Sec. 7, Art. III, 1987
Constitution)
Transparency
The State provides for a policy of full public
disclosure of all its transactions involving public
interest. The provisions on transparency include
those on foreign loans, the President’s health,
statement of assets and liabilities, and the right to
information.
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 The right covers three categories of
information which are “matters of public
concern,” namely: (1) official records; (2)
documents and papers pertaining to official
acts, transactions and decisions; and (3)
government research data used in formulating
policies. The right only affords access to
records, documents and papers, which means
the opportunity to inspect and copy them. The
right to information, however, does not extend
to matters recognized as privileged information
under the separation of powers. The right does
not also apply to information on military and
diplomatic secrets, information affecting
national security, and information on
investigations of crimes by law enforcement
agencies before the prosecution of the
accused, which courts have long recognized as
confidential. The right may also be subject to
other limitations that Congress may impose by
law. (Chavez vs. PEA & Amari, G.R. No. 133250,
July 9, 2002)
SEPARATION OF POWERS
Purpose: To prevent concentration of authority
in one person or group of persons that might lead
to an irreversible error or abuse in its exercise to
the detriment of the republican institutions.
The legislative power shall be vested in the
Congress of the Philippines which shall consist of
a Senate and a House of Representatives, except
to the extent reserved to the people by the
provision on initiative and referendum. (Sec. 1, Art.
VI, 1987 Constitution)
The executive power shall be vested in the
President of the Philippines. (Sec. 1, Art. VII, 1987
Constitution)
The judicial power shall be vested in one Supreme
Court and in such lower courts as may be
established by law. (Sec. 1, Art. VIII, 1987
Constitution)
 Pursuant to the principle of separation of
powers, the correctness of the decisions of the
Supreme Court as final arbiter of all justiciable
disputes is conclusive upon all other
departments of the government; the
Ombudsman has no power to review the
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decisions of the Supreme Court by entertaining
a complaint against the Justices of the
Supreme Court for knowingly rendering an
unjust decision.” (In re: Laureta and Maravilla, 148
SCRA 382 [1987])
 The 3 co-equal part branches of
government…are each supreme and
independent within the limits of its own sphere.
Neither one can interfere with the performance
of the duties of the other.” (Forbes v. Chuoco,
G.R. No. L- 6157, July 30, 1979)
 The separation of powers is a fundamental
principle in our system of government. It
obtains not through express provision but by
actual division in our Constitution. Each
department of the government has exclusive
cognizance of matters within its jurisdiction,
and is supreme within its own sphere. But it
does not follow from the fact that the three
powers are to be kept separate and distinct
that the Constitution intended them to be
absolutely unrestrained and independent of
each other.” (Angara vs. Electoral Commission,
G.R. No. L-45081, July 15, 1936)
CHECKS AND BALANCE
Allows one department to resist encroachments
upon its prerogatives or to rectify mistakes or
excesses committed by the other departments,
the net effect of which being that, in general, no
one department is able to act without the
cooperation of at least one of the other
departments.
 But it does not follow from the fact that the
three powers are to be kept separate and
distinct that the Constitution intended them to
be absolutely unrestrained and independent of
each other. The Constitution has provided for
an elaborate system of checks and balances to
secure coordination in the workings of the
various departments of the government.”
(Angara vs. Electoral Commission, G.R. No. L-45081,
July 15, 1936)
 Congressional oversight is not per se violative,
but is integral, to separation of powers.
(Abakada Guro Partylist v. Purisima, G.R. No.
166715, August 14, 2008)
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 A legislative veto, i.e. statutory provision
(which may take the form of a congressional
oversight committee) that requires the
President or an agency to submit the proposed
implementing rules and regulations of a law to
Congress for approval, is unconstitutional. It
encroaches on: (1) The executive - it allows
Congress to take a direct role in the
enforcement of its laws; (2) The judiciary -
administrative issuances enjoy a presumption
of validity, and only the courts may decide
whether or not they conform to statutes or the
Constitution."(Abakada Guro Partylist v. Purisima,
G.R. No. 166715, August 14, 2008)
 In the final analysis, the Court must strike
down the Pork Barrel System as
unconstitutional in view of the inherent defects
in the rules within which it operates. To
recount, insofar as it has allowed legislators to
wield, in varying gradations, non-oversight,
post-enactment authority in vital areas of
budget execution, the system has violated the
principle of separation of powers; insofar as it
has conferred unto legislators the power of
appropriation by giving them personal,
discretionary funds from which they are able to
fund specific projects which they themselves
determine, it has similarly violated the principle
of non-delegability of legislative power; insofar
as it has created a system of budgeting
wherein items are not textualized into the
appropriations bill, it has flouted the prescribed
procedure of presentment and, in the process,
denied the President the power to veto items;
insofar as it has diluted the effectiveness of
congressional oversight by giving legislators a
stake in the affairs of budget execution, an
aspect of governance which they may be called
to monitor and scrutinize, the system has
equally impaired public accountability; insofar
as it has authorized legislators, who are
national officers, to intervene in affairs of
purely local nature, despite the existence of
capable local institutions, it has likewise
subverted genuine local autonomy; and again,
insofar as it has conferred to the President the
power to appropriate funds intended by law for
energy-related purposes only to other
purposes he may deem fit as well as other
public funds under the broad classification of
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“priority infrastructure development projects,”
it has once more transgressed the principle of
non-delegability. (Belgica v Executive Secretary,
G.R. Nos. 208566, 208493, 209251, November 19,
2013)
 Section 8(2) of RA No. 6770, providing that the
President may remove a Deputy Ombudsman,
is unconstitutional. Subjecting the Deputy
Ombudsman to discipline and removal by the
President, whose own alter egos and officials
in the Executive department are subject to the
Ombudsman’s disciplinary authority, cannot
but seriously place at risk the independence of
the Office of the Ombudsman itself. Section
8(2) of R.A. No. 6770 intruded upon the
constitutionally-granted independence of the
Office of the Ombudsman. By so doing, the law
directly collided not only with the
independence that the Constitution guarantees
to the Office of the Ombudsman, but inevitably
with the principle of checks and balances that
the creation of an Ombudsman office seeks to
revitalize. What is true for the Ombudsman
must equally and necessarily be true for her
Deputies who act as agents of the Ombudsman
in the performance of their duties. The
Ombudsman can hardly be expected to place
her complete trust in her subordinate officials
who are not as independent as she is, if only
because they are subject to pressures and
controls external to her Office. (Gonzales III v.
Office of the President, G.R. No. 196231, January
28, 2014)
DELEGATION OF POWERS
Rationale: Potestas delegate non potest
delegare (what has been delegated cannot be
further delegated). It is based on the ethical
principle that delegated power constitutes not only
a right, but a duty to be performed by the delegate
through the instrumentality of his own judgment
and not through the intervening mind of another.
GENERAL RULE: Usually applied to legislative
power since the legislative power of Congress is
already a delegated power given to them by the
people (thru Article 1, Section VI of the
Constitution), Congress cannot pass laws
delegating such power to some other department,
branch, or instrumentality of the government.
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EXCEPTIONS:
1. Subordinate legislation made by
administrative agencies. – Administrative
agencies have the power to “fill-up the
details” of a statute passed by Congress in
the course of its implementation.
2. Delegated legislative power to local
governments – Local governments may be
allowed to legislate on purely local matters
(Sec. 9, Art. IX)
3. Legislative power reserved to the people by
the provision on initiative and referendum
(Sec. 1, Art. VI)
4. Emergency power delegated to the
Executive during State of War or National
Emergency (Sec. 23[2], Art. VI)
5. Certain taxing powers of the President (Sec.
28[2], Art. VI)
Permissible delegation
1. By direct constitutional grant
a. Delegation of tariff powers to the President
(Sec. 28[2], Art. VI, 1987 Constitution);
b. Delegation of emergency powers to the
President (Sec. 23[2], Art. VI, 1987
Constitution);
c. Delegation to local government;
d. Rulemaking power of the Supreme Court
(Sec. 5[5], Art. VIII, 1987 Constitution); and
e. Rulemaking power of Constitutional
Commissions. (Sec. 6, Art. IX-A; Sec. 3, Art. IX-
C; Sec. 2[2], Art. IX-D, 1987 Constitution)
2. By legislative grant: Delegation of powers to
administrative bodies (also called
Subordinate Legislation).
Tests for Valid Delegation (Pelaez vs. Auditor
General, G.R. No. L – 23825, December 24, 1965)
1. Completeness Test: The law must be
complete in all its essential terms and
conditions when it leaves the legislature so that
there will be nothing left for the delegate to do
when it reaches him except to enforce it.
 The “completeness test” means that the law
sets forth the policy to be executed, carried out
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or implemented by the delegate (Abakada Guro
Party List v. Ermita, G.R. No. 168056, October 18,
2005)
2. Sufficiency of Standard Test: A sufficient
standard is intended to map out the boundaries
of the delegate’s authority by defining the
legislative policy and indicating the
circumstances under which it is to be pursued
and effected; intended to prevent a total
transference of legislative power from the
legislature to the delegate.
 The “sufficient standard test” means that the
law lays down adequate guidelines or
limitations to map out the boundaries of the
authority of the delegate and prevent the
delegate from running riot. The standard
must specify the limits of the authority of the
delegate, announce the legislative policy and
identify the condition under which it is to be
implemented (Abakada Guro Party List v. Ermita,
G.R. No. 168056, October 18, 2005)
FORMS OF GOVERNMENT
GOVERNMENT – that institution or aggregate of
institutions by which an independent society
makes and carries out those rules of action which
are necessary to enable men to live in a social
state or which are imposed upon the people
forming that society by those who possess the
power or authority of prescribing them. (U.S. vs.
Dorr, G.R. No. 1051, May 19, 1903)
GOVERNMENT OF THE PHILIPPINES – the
corporate governmental entity through which the
functions of government are exercised throughout
the Philippines, including the various arms through
which political authority is made effective in the
Philippines, whether pertaining to: (1) the
autonomous regions, (2) the provincial, city,
municipal, or barangay subdivisions, or (3) other
forms of local government. (Sec. 2[1], Administrative
Code)
Different Forms of Government:
a. Autocratic – form of government where
political power is exercised by few.
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b. Democratic – form of government where
political power is exercised by a majority of
the people.
c. Republican – one wherein all government
authority emanates from the people and is
exercised by representatives chosen by the
people.
d. Federal – one where there is a formal
division of functions and powers between
the national and local governments.
e. Parliamentary – there is a fusion of both
executive and legislative powers in
parliament, although the actual exercise of
the executive powers is vested in a Prime
Minister who is chosen by, and accountable
to, Parliament.
Effect of Revolutionary Government: A
revolutionary government is bound by no
constitution. However, the revolutionary
government did not repudiate the Covenant or the
Declaration in the same way it repudiated the
Constitution. As the de jure government, the
revolutionary government could not escape
responsibility for the State’s good faith compliance
with its treaty obligations under international law.
During the interregnum when no constitution or
Bill of Rights existed, directives and orders issued
by government officers were valid so long as these
officers did not exceed the authority granted them
by the revolutionary government. The directives
and orders should not have also violated the
Covenant or Declaration. (Republic of the Philippines
vs. Sandiganbayan, GR No. 104768, July 21, 2003)
DE JURE AND DE FACTO GOVERNMENTS
DE JURE GOVERNMENT: (1) Has rightful title;
(2) No power of control, either because this has
been withdrawn from it, or because it has not yet
actually entered into the exercise thereof. (In re:
Letter of Associate Justice Puno, A.M. No. 90-11-2697-
CA, June 29, 1992)
 And the people have made the judgment; they
have accepted the government of President
Corazon C. Aquino which is in effective control
of the entire country so that it is not merely a
de facto government but is in fact and law a de
jure government. Moreover, the community of
nations has recognized the legitimacy of the
present government. (Lawyers League for Better
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Philippines v President Corazon Aquino, G.R. No.
73748, May 22, 1986)
DE FACTO GOVERNMENT: Government of fact,
that is, it actually exercises power or control
without legal title. (Co Kim Chan v Eusebio Valdez Tan
Keh, G.R. No. L-5, September 17, 1945)
Kinds of de facto governments:
 The government that gets possession and
control of, or usurps, by force or by the voice
of the majority, the rightful legal government
and maintains itself against the will of the
latter.
 That established as an independent
government by the inhabitants of a country
who rise in insurrection against the parent
state.
 That which is established and maintained by
the military forces who invade and occupy a
territory of the enemy in the course of war, and
which is denominated as a government of
paramount force, like the 2nd Republic
established by the Japanese belligerent.
According to that well-known principle in
international law (of postliminium), the fact that a
territory which has been occupied by an enemy
comes again into the power of its legitimate
government of sovereignty, "does not, except in a
very few cases, wipe out the effects of acts done
by an invader, which for one reason or another it
is within his competence to do”. Thus judicial acts
done under his control,
 when they are not of a political complexion,
administrative acts so done, to the extent that
they take effect during the continuance of his
control, and the various acts done during the
same time by private persons under the
sanction of municipal law, remain good. (Co Kim
Chan v Eusebio Valdez Tan Keh, G.R. No. L-5,
September 17, 1945)
III. LEGISLATIVE DEPARTMENT
LEGISLATIVE POWER – the power to propose,
enact, amend, and repeal laws.
A. WHO MAY EXERCISE LEGISLATIVE
POWER
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1. Congress of the Philippines, which
consists of the Senate and the House of
Representatives.
EXCEPTION: The people to themselves, by the
system of initiative and referendum.
2. Regional/Local Legislative Power
Delegation to Local Governments: It is
sufficient that the statute indicated the subject
matter over which the local law-making agency
may legislate.
Delegation to Administrative Agencies:
a. “Fill up the details” of a statute –
subject to the tests of completeness and
sufficient standard;
b. Contingent Legislation – that which
leaves to another body the business of
ascertaining the facts necessary to bring the
law into actual operation.
 The rules and regulations issued by these
administrative bodies have the force and effect
of law. However, it must be made clear that
the function performed by the administrative
agency is not law-making but law execution.
N.B.: A violation of the rules and regulations
promulgated by administrative agencies may be
punished as penal offense.
Requisites:
1. Such violation be made a crime by the
delegating statute itself. (U.S. vs. Grimaud, 20
U.S. 506 [1911])
2. The regulation must be published. (People vs.
Que Po Lay, G.R. No. L-6791, March 29, 1954)
PEOPLE’S INITIATIVE AND REFERENDUM
INITIATIVE – the power of the people to
propose amendments to the constitution, or to
propose and enact legislation through an election
called for the purpose.
Three Systems of Initiative
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a. Initiative on the Constitution – a
petition proposing amendments to the
constitution;
b. Initiative on statutes – a petition
proposing to enact a national legislation;
and
c. Initiative on local legislation – a
petition proposing to enact a regional,
provincial, city, municipal or barangay law,
resolution, or ordinance.
Limitations on Local Initiative
 Shall not be exercised for more than once a
year;
 Shall extend only to subjects or matters which
are within the legal powers of the local
legislative bodies to enact; and
 If at any time before the initiative is held, the
local legislative body shall adopt in toto the
proposition presented, the initiative shall be
cancelled. However, those against such action
may, if they so desire, apply for initiative.
REFERENDUM – the power of the electorate to
approve or reject legislation through an election
called for that purpose.
Two Classes of Referendum
a. Referendum on statutes – a petition to
approve or reject an act or law, or part
thereof, passed by Congress.
b. Referendum on local laws – a petition to
approve or reject a law, resolution or
ordinance enacted by regional assemblies
and local legislative bodies.
Q: Is the power of to hold a referendum
plenary?
A: No, the following cannot be the subject of an
initiative or referendum petition: (a) No petition
embracing more than one subject shall be
submitted to the electorate; and (b) Statutes
involving emergency measures, the enactment of
which is specifically vested in Congress by the
Constitution, cannot be subject to referendum
until 90 days after their effectivity. (Sec. 10, RA
6735)
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The President under a martial law rule or in a
revolutionary government
 For reasons of expediency and national
security, it is submitted that during a period of
martial law, the President may legislate where
Congress will find it difficult to convene and
regularly perform its functions. (Magsalin Jr.,
Philippine Political Law, 2007)
 The Congress, may, by law, authorize the
President within specified limits…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. (Sec.
28[2], Article VI, 1987 Philippine Constitution)
B. HOUSES OF CONGRESS
1. Senate
Composition: The Senate shall be composed of
twenty-four (24) Senators who shall be elected at
large by the qualified voters of the Philippines, as
may be provided by law. (Sec. 2, Art. VI, 1987
Constitution)
Qualifications: No person shall be a Senator
unless he is:
a. A natural-born citizen of the Philippines;
b. On the day of the election, is at least thirty-
five (35) years of age;
c. Able to read and write;
d. A registered voter;
e. A resident of the Philippines for not less
than two (2) years immediately preceding
the day of the election. (Section 3, Article VI,
1987 Constitution)
Restriction:
a. They must be possessed during the officer’s
entire incumbency;
b. The qualifications prescribed by the
Constitution are exclusive and the
legislature may not make additional
qualifications;
c. Property qualifications are not allowed as no
person may be denied a chance to be
elected to public office by reason of poverty
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(Maquera vs. Borra, G.R. No. L-24761,
September 7, 1965); and
d. No religious test shall be required for the
exercise of civil and political rights. (Sec. 5,
Art. III, 1987 Constitution)
Term of Office: 6 years, to commence at noon
of June 30, following the election.
Limitation: No Senator shall serve for more than
two (2) consecutive terms.
N.B.: Voluntary renunciation of office for any
length of time shall not be considered as an
interruption in the continuity of his service for the
full term for which he was elected. (Section 4, par
2, Article VI, 1987 Constitution)
2. House of Representatives
Composition: Not more than 250 members,
unless otherwise fixed by law. Consists of:
a. District Representatives – who shall be
entitled to 80% of the seats to be elected
from legislative districts.
b. Party-List Representatives – who shall
constitute 20% of the total number of
representatives, elected through a party-list
system of registered national, regional, and
sectoral parties or organizations.
Domiciliary Requirement:
a. If a person retains his domicile of origin for
purposes of the residence requirement for
representatives, the one year period is
irrelevant because by legal fiction,
wherever he may be, he is a resident of his
domicile of origin; and
b. If a person re-establishes a previously
abandoned domicile or acquires a new one,
the one-year requirement must be satisfied.
(Marcos vs. Commission on Elections, G.R. No.
119976, September 18, 1995)
 Immigration to the US by virtue of the
acquisition of a “green card” constitutes
abandonment of domicile in the Philippines.
(Caasi vs. Commission on Elections, G.R. No.
88831, November 8, 1990).
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 A minor follows the domicile of his parents.”
(Marcos vs. Commission on Elections, G.R. No.
119976, September 18, 1995)
 Domicile imports not only intention to reside in
a fixed place but also personal presence in that
place coupled with conduct indicative of that
intention. Requisites: (1) residence or bodily
presence in the new locality; (2) an intention
to remain there; and (3) an intention to
abandon the odd domicile. (Gallego vs. Vera, G.R.
No. L-48641, November 24, 1941)
 The wife does not automatically gain the
husband’s domicile because the term
“residence” in Civil Law does not mean the
same in Political Law. (Marcos vs. Commission on
Elections, G.R. No. 119976, September 18, 1995)
Term of Office: 3 years (unless otherwise
provided by law) commencing at noon of the 30th
of June, following their election (2nd Monday of
May).
Limitation: Shall not serve for more than three
consecutive terms.
a. District representatives and questions of
apportionment
Apportionment of Legislative Districts
 Apportionment shall be made in accordance
with the number of respective inhabitants on
the basis of a uniform and progressive ratio.
 Each city with not less than 250,000
inhabitants shall be entitled to at least one
representative. Sec. 5(3), Art. VI of the
Constitution requires a 250,000 minimum
population only for a city to be entitled to a
representative, but not so for a province.
 Each province, irrespective of the number of
inhabitants, is entitled to one representative.
Each legislative district shall comprise, as far as
practicable, contiguous, compact, and adjacent
territory.
 There is no reason why the Mariano case
(Mariano, Jr. vs. Commission on Elections, G.R. no.
118577, March 7, 1995), which involves the
creation of an additional district within a city,
should not be applied to additional district in
provinces. Indeed, if an additional legislative
district created within a city is not required to
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represent a population of at least 250,000 in
order to be valid, neither should such be
needed for an additional district in a province
is entitled to an initial seat by the mere fact of
its creation and regardless of its population.
(Sen. Benigno Aquino and Mayor Jesse Robredo vs.
Commission on Elections, G.R. No. 189793, April 7,
2010)
Reappointment of Legislative districts
Within three years following the return of every
census, the Congress shall make reappointment of
legislative districts based on the standards
provided in this section. (Sec. 5(4), Art. VI, 1987
Constitution)
 Reapportionment of legislative districts may be
made through a special law. To hold that
reapportionment can be made only through a
general law would create an inequitable
situation where a new city or province created
by Congress will be denied legislative
representation for an indeterminate period of
time, which would deprive the people in the
new city of province a particle of their
sovereignty. (Tobias vs. Abalos, G.R. No. L-
114783, December 8, 1994)
b. Party-list System (Republic Act No.
7941)
A free and open party system shall be allowed to
evolve according to the free choice of the people.
(Sec. 2[5], Art. IX, 1987 Constitution)
Under this system, a voter elects, apart from the
district representative, a registered party,
organization or coalition that will be entitled to a
maximum of three (3) party-list representatives in
the House of Representatives, depending on its
obtaining a required percentage of the national
vote.
PARTY-LIST SYSTEM – a mechanism or
proportional representation in the election of
representatives to the House of Representatives
from national, regional and sectoral parties or
organizations or coalitions thereof registered with
the Commission on Election. (Sec. 3, R.A. No. 7941).
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Number of Party-List Representatives: 20%
of the total number of the members of the House
of Representatives including those under the
party-list.
GENERAL RULE: The Party-List Representatives
shall have the same rights and be subject to the
same inhibitions and disqualifications as a District
Representative.
Any Party-List Representative who changes his
political party or sectoral application during his
term of office shall forfeit his seat. If the change
is made within six (6) months before an election,
he shall not be eligible for nomination as a Party-
List Representative under his new party or
organization.
Allocation of Seats: The parties, organization,
and coalitions shall be ranked from the highest to
the lowest based on the number of votes they
garnered during the elections. Those receiving at
least two percent (2%) of the total votes cast for
the party-list system shall be entitled to one seat
each. Those garnering more than two percent
(2%) of the votes in proportion to their total
number of votes. Each party, organization, or
coalition shall be entitled to not more than 3 seats
(Sec. 11, R.A. No. 7941).
GROUNDS FOR REFUSAL AND/OR
CANCELLATION OF REGISTRATION OF
POLITICAL PARTIES
a. Ceased to exist for at least one (1) year;
b. Advocates violence or unlawful means to
seek its goal;
c. Religious sect or denomination,
organization or association, organized for
religious purposes;
d. Receives support from any foreign
government, foreign political party,
foundation, organization, whether directly
or through any of its officers or members or
indirectly through third parties for partisan
election purposes;
e. Violates or fails to comply with laws, rules
or regulations relating to elections;
f. Untruthful statements in its petition;
g. Foreign party or organization;
h. Fails to participate in the last two (2)
preceding election;
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i. Fails to obtain at least two per centum (2%)
of the votes cast under the party-list system
in the two (2) preceding elections for the
constituency in which it has registered.
Recent Ruling on the 2% Threshold: The
Supreme Court declared as unconstitutional the
two percent threshold in the distribution of
additional party-list seats in the second clause of
Sec. 11(b) of R.A. No. 7941, the Party-List System
Act. The Court held that the provision struck down
is an “unwarranted obstacle” to the attainment of
the broadest possible representation of party,
sectoral or group interests in the House of
Representatives. (Barangay Association for National
Advancement and Transparency vs. Commission on
Elections, G.R. No. 179271, April 21, 2009)
JURISPRUDENTIAL GUIDEPOSTS
a. Veterans Federation Party vs.
Commission on Elections (G.R. No. 136781,
October 6, 2010): Panganiban Formula for seat
allocation
 20% allocation of total House of
Representatives seats for Party-List
Representatives;
 2% threshold
 Three-seat limit
b. Bagong Bayani Party-List v. Commission
on Elections (G.R. No. 147589, June 26,
2001): Guidelines in determining eligibility for
Party-List election
a. Must represent marginalized and
underrepresented;
b. Must show that they represent the
marginalized and underrepresented;
c. Must not be a religious organization or sect;
d. Must not be disqualified under Sec. 6 of R.A.
No. 7941;
e. Must not be an adjunct of a project assisted
or funded by the government;
f. The party must not only comply with the
requirements of the law; its nominees must
likewise do so;
g. Nominees must be Filipino citizens who
belong to marginalized and
underrepresented sectors, organizations
and parties; and
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h. The nominee must likewise be able to
contribute to the formulation and
enactment of appreciate legislation that will
benefit the nation as a whole
c. Barangay Association for National
Advancement and Transparency vs.
Commission on Elections (G.R. No. 179271,
April 21, 2009)
Neither the Constitution nor RA 7941 mandates
the filling up of the entire 20% allocation of party-
list representatives found in the Constitution. The
Constitution, in paragraph 1, Sec. 5 of Art VI, left
the determination of the number of the members
of the House of Representatives to Congress. The
20% allocation of party-list representatives is
merely a ceiling; party-list representatives cannot
be more than 20% of the members of the House
of Representatives.
d. Atong paglaum, Inc. vs. Commission on
Elections (G.R. No. 203766, April 2, 2013):
Parameters in determining Party-List winners
a. The parties, organizations, and coalitions
shall be ranked from the highest to the
lowest based on the number of votes they
garnered during the elections;
b. The parties, organization, and coalitions
receiving at least two (2%) of the total
votes cast for the party list system shall be
entitled to one guaranteed seat each;
c. Those garnering sufficient number of votes
according to the ranking in paragraph 1,
shall be entitled to additional seats in
proportion to their total number of votes
until the additional seats are allocated; and
d. Each party, organization or coalition shall be
entitled to not more than three (3) seats.
Computation of Additional Seats: In
computing the additional seats, the guaranteed
seats shall no longer be included because they
have already been allocated, at one seat each, to
every two-percenter. Thus, the remaining
available seats for allocation as “additional seats”
are the maximum seats reserved under the Party-
List System less the guaranteed seats. Fractional
seats are disregarded in the absence of a provision
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in RA 7941 allowing for a rounding off of fractional
seats.
MATHEMATICAL COMPUTATION OF VOTES
GARNERED BY PARTY-LIST CANDIDATES
a. Veteran Federation Party vs. Commission
on Elections
i. Formula for determining additional
seats for the first Party-List
In the case of Veteran Federation Party vs.
Commission on Elections, the only basis given by
the law is that a party receiving at least two
percent of the total votes shall be entitled to one
seat. Proportionally, if the first party was to
receive twice the number of votes of the second
party, it should be entitled to twice the latter's
number of seats and so on. The formula,
therefore, for computing the number of seats to
which the first party is entitled is as follows:
Number of votes of first Party ÷ Total votes for
Party-List System = Proportion of votes of first
Party relative to total votes for Party-List
System
If the proportion of votes received by the first
party without rounding it off is equal to at least six
percent of the total valid votes cast for all the party
list groups, then the first party shall be entitled to
two additional seats or a total of three seats
overall.
If the proportion of votes without a rounding off is
equal to or greater than four percent, but less than
six percent, then the first party shall have one
additional or a total of two seats. And if the
proportion is less than four percent, then the first
party shall not be entitled to any additional seat.
The Supreme Court adopted this six percent bench
mark, because the first party is not always entitled
to the maximum number of additional
seats. Likewise, it would prevent the allotment of
more than the total number of available seats,
such as in an extreme case wherein 18 or more
parties tie for the highest rank and are thus
entitled to three seats each. In such scenario, the
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number of seats to which all the parties are
entitled may exceed the maximum number of
party-list seats reserved in the House of
Representatives.
ii. Formula for determining additional
seats for other qualified Party-Lists
Additional for concerned Party-List =
[(Number of votes of concerned Party-List ÷ Total
number of votes for Party-List System) ÷ (Number
of votes of First Party-List ÷ Total number of votes
for Party-List System)] x Number of additional
seats allocated for the first Party-List
In simplified form, it is written as follows:
Additional for concerned Party-List =
(Number of votes of concerned Party-List ÷
Number of votes of First Party-List) x Number of
additional seats allocated for the first Party-List
b. Barangay Association for National
Advancement and Transparency vs.
Commission on Elections
In the case of BANAT vs. Commission on Elections,
the percentage of votes garnered by each party-
list candidate is arrived at by dividing the number
of votes garnered by each party by 15,950,900,
the total number of votes cast for party-list
candidates [in the 2007 elections].
There are two steps in the second round of
seat allocation:
1. The percentage is multiplied by the
remaining available seats, 328, which is the
difference between the 55 maximum seats
reserved under the Party-List System and
the 17 guaranteed seats of the two-
percenters. The whole integer of the
product of the percentage and of the
remaining available seats corresponds to a
party’s share in the remaining available
seats.
2. Assign one party-list seat to each of the
parties next in rank until all available seats
are completely distributed. We distributed
all of the remaining 38 seats in the second
round of seat allocation.
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 Apply the three-seat cap to determine the
number of seats each qualified party-list
candidate is entitled, the Supreme Court
clarified.
 The Court stressed that though neither the
Constitution nor R.A. No. 7941 mandates that
the 20% allocation of Party-List
Representatives be entirely filled up, “we
cannot allow the continued existence of a
provision in the law [referring to the two
percent threshold in the distribution of
additional party-list seats in sec. 11(b) of RA
7941] which will systematically prevent the
constitutionally allocated 20% party-list
representation from being filled.”
 The Court, however, upheld the three-seat cap
as it is a valid statutory device that prevents
any party from dominating the party-list
elections.
 SEPARATE OPINION by Justice Nachura:
Until Congress shall have effected an
acceptable amendment to the minimum vote
requirement in RA 7941, a gradually regressive
threshold vote requirement, inversely
proportional to the increase in the number of
party-list seats, should be adopted such that
the minimum vote requirement will gradually
lessen as the number of party-list seats
increase. (BANAT vs. COMELEC, G.R. No.
179271, April 21, 2009)
Term of Office
 Party-list representatives shall be elected for a
term of 3 years;
 No party-list representative shall serve for
more than three (3) consecutive terms; and
 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. (Sec. 14,
R.A. No. 7941)
 Under Sec. 2 of RA 7941, the nominees must
be Filipino citizens “who belong to marginalized
and underrepresented sectors, organizations
and parties.” Surely, the interests of the youth
cannot be fully represented by a retiree;
neither can those of the urban poor or the
working class, by an industrialist. To allow
otherwise is to betray the State policy to give
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genuine representation to the marginalized
and underrepresented. (Ang Bagong Bayani-OFW
Labor Party vs. Commission on Elections, G.R. No.
147589, June 26, 2001)
Vacancy: The vacancy shall be automatically
filled by the next representative from the list of
nominees in the order submitted to the COMELEC
by the same party, organization, or coalition, who
shall serve for the unexpired term. If the list is
exhausted, the party, organization coalition
concerned shall submit additional nominees (Sec.
16, R.A. No. 7941)
Rights: Party-List Representatives shall be
entitled to the same salaries and emoluments as
regular members of the House of Representatives
(Sec. 17, R.A. 7941).
NATURE OF PARTY-LIST
 The party-list system is a social justice tool
designed not only to give more law to the
great masses of our people who have less in
life, but also to enable them to become
veritable lawmakers themselves, empowered
to participate directly in the enactment of laws
designed to benefit them. It intends to make
the marginalized and the underrepresented
not merely passive recipients of the State’s
benevolence, but active participants in the
mainstream of representative democracy.
(Ang Bagong Bayani OFW Labor Party vs.
COMELEC, GR No. 147589, June 26, 2001)
GUIDELINES FOR SCREENING PARTY-LIST
CANDIDATES
In Ang Bagong Bayani case, the Supreme Court
decided that major political parties may participate
in the party list elections provided that they are
consistent with the purpose of the party list
system as provided in the Constitution and RA
7941 which is to represent the marginalized and
underrepresented sectors of society. In BANAT
case, the Supreme Court categorically declared
that major political parties are not allowed to
directly or indirectly participate in the party list
elections.
 We declare that it would not be in accord with
the 1987 Constitution and R.A. No. 7941 to
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apply the criteria in Ang Bagong Bayani and
BANAT in determining who are qualified to
participate in the coming 13 May 2013 party-
list elections. (Atong Paglaum vs. Commission on
Elections, G.R. No. 203776, April 2, 2013)
In the Atong Paglaum case, the following
guidelines for the determination of eligibility of a
party list to participate in the May 13 elections are
provided as follows:
a. Three different groups may participate in
the party-list system: (1) national parties or
organizations, (2) regional parties or
sectoral parties or organizations.
b. Political parties can participate in party-list
elections provided they register under the
party-list system and do not field candidates
in legislative district elections. A political
party, whether major or not, that fields
candidates in legislative district elections
can participate in party-list elections only
through its sectoral wing that can
separately register under the party-list
system. The sectoral wing is by itself an
independent sectoral party, and is linked to
a political party through a coalition.
c. Sectoral parties or organizations may either
be “marginalized and underrepresented” or
lacking in “well-defined political
constituencies.”
d. It is enough that their principal advocacy
pertains to the special interest and concerns
of their sector. The sectors that are
“marginalized and underrepresented”
include labor, peasant, fisherfolk, urban
poor, indigenous cultural communities,
handicapped, veterans, and overseas
workers. The sectors that lack “well-defined
political constituencies” include
professionals, the elderly, women, and the
youth.
e. A majority of the members of sectoral
parties or organizations that represent the
“marginalized and underrepresented” must
belong to the “marginalized and
underrepresented” sector they represent.
Similarly, a majority of the members of
sectoral parties or organizations that lack
“well-defined political constituencies” must
belong to the sector they represent. The
nominees of sectoral parties or
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organizations that represent the
“marginalized and underrepresented,” or
that represent those who lack “well-defined
political constituencies,” either must belong
to their respective sectors, or must have a
track record of advocacy for their respective
sectors. The nominees of national and
regional parties or organizations must be
bona-fide members of such parties or
organizations.
f. National, regional, and sectoral parties or
organizations shall not be disqualified if
some of their nominees are disqualified,
provided that they have at least one
nominee who remains qualified.
C. LEGISLATIVE PRIVILEGES,
INHIBITIONS AND DISQUALIFICATIONS
PRIVILEGES
Salaries
The salaries of Senators and Members of the
House of Representatives shall be determined by
law. Increase in said compensation shall not take
effect until after the expiration of the full term of
all the Members of the Senate and the House of
Representatives approving such increase. (Sec. 10,
Art. VI, 1987 Constitution)
 In establishing what might be termed a waiting
period before the increased compensation for
legislators becomes fully effective, the
constitutional provision refers to "all the
members of the Senate and of the House of
Representatives" in the same sentence, as a
single unit, without distinction or separation
between them. This unitary treatment is
emphasized by the fact that the provision
speaks of the "expiration of the full term" of
the Senators and Representatives that
approved the measure, using the singular
form, and not the plural, despite the difference
in the terms of office (six years for Senators
and four for Representatives thereby rendering
more evident the intent to consider both
houses for the purpose as indivisible
components of one single Legislature. The use
of the word "term" in the singular, when
combined with the following phrase "all the
members of the Senate and of the House",
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underscores that in the application of Article VI,
Section 14, the fundamental consideration is
that the terms of office of all members of the
Legislature that enacted the measure (whether
Senators or Representatives) must have
expired before the increase in compensation
can become operative. Such disregard of the
separate houses, in favor of the whole, accords
in turn with the fact that the enactment of laws
rests on the shoulders of the entire Legislative
body; responsibility therefor is not
apportionable between the two chambers.
(Philconsa v. Mathay, G.R. No. L-25554, October
4, 1966)
Parliamentary Immunities
a. Immunity from Arrest
A Senator or Member of the House of
Representatives shall, in all offenses punishable by
not more than six years imprisonment, be
privileged from arrest while the Congress is in
session. No Member shall be questioned nor be
held liable in any other place for any speech or
debate in the Congress or in any committee
thereof. (Sec. 11, Art. VI, 1987 Constitution)
 This applies to offenses punishable by not
more than 6 years of imprisonment. If the
crime is punishable by more than six (6) years,
then the member can be arrested;
 Privilege applies while Congress is in session.
 The penalty of prision coreccional shall be
imposed upon any public officer or employee
who shall, while the Assembly is in regular or
special session, arrest or search any member
thereof, except in case such member has
committed a crime punishable under this Code
by a penalty higher than prision mayor. (Article
145, Revised Penal Code)
Ratio: To enable the lawmakers to perform
legislative duty without fear of criminal
prosecution. However, the provision does not
protect them from possible disciplinary actions
that their colleagues might impose.
 Membership in Congress does not exempt an
accused from statutes and rules which apply to
validly incarcerated persons. It would amount
to the creation of a privileged class, without
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justification in reason, if notwithstanding their
liability for a criminal offense, they would be
considered immune from arrest during their
attendance in Congress and in going to and
returning from the same. Moreover, the
accused-appellant is provided with an office at
the House of Representatives with a full
complement of staff, as well as an office at the
Administration Building, New Bilibid Prison,
where he attends to his constituents; he has,
therefore, been discharging his mandate as
member of the House of Representatives.
(People of the Philippines v. Jalosjos, G.R. No.
132875, February 3, 2000)
Restrictive Construction of the
Constitutional Provision of “Immunity from
Arrest and Detention”
The immunity from arrest or detention of Senators
and members of the House of Representatives is
a special privilege which cannot be extended
beyond the ordinary meaning of its terms. It may
not be extended by intendment, implication, or
equitable considerations. The 1973 Constitution –
Sec. 9, Art. VIII – broadened the privilege of
immunity as follows:
A Member of the Batasang Pambansa
shall, in all offenses punishable by not
more than six years imprisonment, be
privileged from arrest during his
attendance at its sessions and in going to
and returning from the same.
For offenses punishable by more than six
years imprisonment, there was no
immunity from arrest. The restrictive
interpretation of immunity and the intent
to confine it within carefully defined
parameters is illustrated by the concluding
portion of the provision, to wit:
x x x but 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
for its next session, otherwise such
privilege shall cease upon its failure to do
so.
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 The present Constitution adheres to the same
restrictive rules minus the obligation of
Congress to surrender the subject
Congressman to the custody of the law. The
requirement that he should be attending
sessions or committee meetings has also been
removed. For relatively minor offenses, it is
enough that Congress is in session. (People of
the Philippines v. Jalosjos, G.R. No. 132875,
February 3, 2000)
b. Freedom of Speech and Debate Clause
No member shall be questioned nor be held liable
in any other place for any speech or debate in
Congress or in any committee thereof. (Sec. 11, Art.
VI, 1987 Constitution)
 This privilege insulates the member concerned
from suits that may be filed against him for a
speech, utterance or other form of expression
made in Congress or in any of its committees
in the discharge of legislative duty. The
provision does not protect members of the
Congress from possible disciplinary measures
that his colleagues in Congress may impose on
him.
 Privilege applies only while Congress is in
session and not when it is in recess.
Scope: While parliamentary immunity guarantees
the legislator complete freedom of expression
without fear of being made responsible in criminal
or civil actions before the courts or any other
forum outside of the Congressional Hall, however,
it does not protect him from responsibility before
the legislative body itself whenever his words and
conduct are considered by the latter disorderly or
unbecoming a member thereof. For
unparliamentary conduct, members of Congress
can be censured, committed to prison, suspended,
and even expelled by the votes of their colleagues.
DISQUALIFICATIONS
No Senator or Member of the House of
Representatives may hold any other office or
employment in the Government, or any
subdivision, agency, or instrumentality thereof,
including government-owned or controlled
corporations or their subsidiaries, during his term
without forfeiting his seat. Neither shall he be
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appointed to any office which may have been
created or the emoluments thereof increased
during the term for which he was elected. (Sec. 13,
Art. VI, 1987 Constitution)
INCOMPATIBLE OFFICE – a member cannot
accept any other office employment in
government during his term unless he waives or
forfeits his seat in Congress.
 Forfeiture of the seat in Congress or cessation
of his tenure shall be automatic upon the
member’s assumption of such other office
deemed incompatible with his seat in
Congress.
 However, no forfeiture shall take place if the
member of Congress holds the other
government office in an ex officio capacity.
 The purpose of the prohibition is to prevent
him from owing loyalty to another branch of
the government to the detriment of the
independence of the legislature and the
impairment of the doctrine of separation of
powers.
 Exempted from this provision is the holding of
a second office which is an extension of his
legislative duties or is in aid of his legislative
position.
FORBIDDEN OFFICE – a member of Congress
cannot be appointed to any office which may have
been created or the emoluments thereof increased
during the term for which he was elected.
 The ban against such appointment to the office
shall however last only for the duration of the
term for which the member of Congress was
elected but lasts even if he resigns from
Congress before the end of his term.
INHIBITIONS
1. Legislators shall not personally appear as
counsel before any Court of Justice, or before
the Electoral Tribunals, or quasi-judicial or
other administrative bodies.
2. Legislators cannot be interested financially,
either directly or indirectly, in any contract,
franchise or special privilege granted by the
government.
3. Legislators cannot intervene in any matter
before any office of the government:
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a. For his pecuniary benefit; or  Must notify the House concerned of a potential
b. Where he may be called upon to act on conflict of interest that may
account of his office. arise from the filing of a proposed legislation of
which they are authors.
 Upon assumption of office, legislators must
make a full disclosure of financial and business
interests.

D. QUORUM AND VOTING MAJORITIES

ACT PARTIES VOTING REQUIREMENT

Initiate impeachment proceeding House of Representatives 1/3
Impeach an impeachable officer Senate 2/3
Proposal to amend or revise the ¾
Both Houses (Constituent Assembly)
Constitution
Constitutional Convention Both Houses ¾
Concur in Treaties Senate 2/3
Override the veto of the President
Both Houses, voting separately 2/3
in the passage of a Bill
Declare the existence of war Both Houses, voting separately
2/3
Joint session assembled
Concur in Executive’s power to
Both Houses Majority
grant amnesty
Submit to the electorate the
question of calling a Constitutional Both Houses Majority
Convention
Declare that the President is unable
to discharge the powers and duties Both Houses, voting separately 2/3
of his office
Revoke or extend the President’s
suspension of the privilege of the
Both Houses Majority
Writ of Habeas Corpus or
proclamation of Martial Law
Call a Constitutional Convention Both Houses 2/3
To put the yeas and nays in the Each House 1/5
journal
To elect a Senate President Senate 2/3
To elect the Speaker of the House House of Representatives 2/3
of Representative
To suspend for at most sixty (60) Each House 2/3
days or expel a member of such
House

those present in the session, there being a

 A majority of each House shall constitute a
quorum to do business, but a smaller number
may adjourn from day to day and may compel
the attendance of absent Members in such
manner, and under such penalties, as such
House may provide. (Sec. 16[2], Art. VI, 1987
Constitution)
 The quorum required to conduct business is a
majority (1/2 + 1) of all the members.
To pass a law, only the votes of the majority of
quorum, are required. This is known as the
Shifting Majority.
 The basis in determining the existence of a
quorum in the Senate shall be the total number
of Senators who are in the country and within
the coercive jurisdiction of the Senate. (Avelino
vs. Cuenco, 83 Phil 17, March 4, 1949)
 In its Resolution on the Motion for
Reconsideration, in Arroyo vs. De Venecia (G.R.
No. 127255, June 26, 1998), the Supreme Court

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declared that the question of quorum cannot be
raised repeatedly, especially when a quorum is
obviously present, for the purpose of delaying
the business of the House.
Rules of Proceedings
Each House may determine the rules of its
proceedings, punish its Members for disorderly
behavior, and with the concurrence of two-thirds
of all its Members, suspend or expel a Member. A
penalty of suspension, when imposed, shall not
exceed sixty days. (Sec. 16[3], Art. VI, 1987
Constitution)
These rules include the procedure to be followed in
"inquiries in aid of legislation." 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. (Sec. 21, Art. VI, 1987 Constitution)
The House may set aside the rules it adopted as it
sees fit, because these rules are only of a
temporary nature.
These rules include the mode and manner of
conducting the business of the body. They are
intended for the orderly and proper disposition of
the matters before it.
 Parliamentary rules are merely procedural, and
with their observance, the courts have no
concern. They may be waived or disregarded by
the legislative body. Consequently, “mere
failure to conform to parliamentary usage will
not invalidate the action (taken by a deliberative
body) when the requisites number of members
have agreed to a particular measure.” (Arroyo
vs. De Venecia, G.R. No. 127255, August 14, 1997)
Journal and Congressional Records
Each House shall keep a Journal of its proceedings,
and from time to time publish the same, excepting
such parts as may, in its judgment, affect national
security; and the yeas and nays on any question
shall, at the request of one-fifth of the Members
present, be entered in the Journal. Each House shall
also keep a Record of its proceedings.” (Sec.16[4],
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Art. VI, 1987 Constitution]
Enrolled Bill Theory
 Once a Bill has been approved by both houses,
the Bill is enrolled, and this Enrolled Copy of
the Bill bears the certification of the Presiding
Officer of the house (either Senate President or
Speaker of the House) that this Bill as enrolled
is the version passed by each house. The
purpose of the certification is to prevent
attempts at smuggling in “riders”. The enrolled
copy is then sent to the President for his action.
 The Supreme Court, in upholding the enrolled
bill, explained that its basis is the separation of
powers, so that the remedy of an aggrieved
party is not a judicial decree but a legislative
amendment or curative legislation. (Morales vs.
Subido, G.R. No. L-29658, November 29, 1968)
 Note however the case of Astorga v Villegas
(G.R. No. L-23475, April 30, 1974), upon being
informed that the enrolled bill did not contain
the amendment proposed by Senator Tolentino
(regarding the powers of the Vice-Mayor of
Manila) when the house bill was raised to the
Senate, the Senate President, withdrew his
signature and notified the President of the
mistake, who then likewise withdrew his
signature. In short because of the withdrawal,
there was no occasion, then, to apply the
enrolled bill theory.
Q: What happens if there is a discrepancy
between the enrolled copy of the bill, and
any other copy of the bill?
A: The enrolled bill will prevail (Mabanag v Lopez Vito,
G.R. No. L-1123, March 5, 1947)
Probative Value of the Journal: The journal is
conclusive on the courts as to its contents (US V
Pons, G.R. No. L-11530, August 12, 1916)
Matters Required to be Entered in the Journal
a. Yeas and nays on third and final reading of
a bill (Sec. 26[2], Art. VI, 1987 Constitution);
b. Veto Message of the President (Sec. 27[1],
Art. VI, 1987 Constitution);
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c. Yeas and nays on the repassing of a bill
vetoed by the President (Sec. 27[1], Art.VI,
1987 Constitution); and
d. Yeas and nays on any question at the
request of 1/5 of members present (Sec.
16[4], Art.VI, 1987 Constitution)
 A record, on the other hand, contains the
verbatim transcript of all proceedings of the
house or its committees. The Constitution is
silent as to what the record must contain. Note
however, in Sec. 3(3) of Art. XI, the Constitution
speaks of the vote of each member of the House
either affirming a favorable or overriding its
contrary resolution of the impeachment
complaint to be "recorded."
Journal Entry Rule vs Enrolled Bill Theory
In Astorga vs. Villegas, by way of obiter dictum, the
Supreme Court indicated that the journal might
really prevail over the enrolled bill, since a journal
is required by the Constitution, while the
enrollment of a bill is just a legislative practice that
is not even mentioned in the Constitution. Further,
enrollment does not add to the validity of the bill,
for what makes it valid are the votes of the
members. This ruling however seem to contradict
the ruling in Morales v Subido that the enrolled
copy prevails over the journal. Reconciling these
two decisions, as to matters required by the
Constitution to be placed in the journal, the journal
is conclusive. But aside from these matters, any
other matter does not enjoy such conclusiveness.
Congressional Record
Each House shall also keep a Record of its
proceedings. (Sec. 16[4], art. VI, 1987
Constitution)
Sessions
The Congress shall convene once every year in the
fourth Monday of July for its regular session,
unless a different date is fixed by law, and shall
continue to be in session for such number of days
as it may determine until thirty (30) days before
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the opening of its next regular session, exclusive of
Saturdays, Sundays and legal holidays. The
President may call a special session at any time.
(Sec. 15, Art. VI, 1987 Constitution)
Neither House during the sessions of the Congress
shall, without consent of the other, adjourn for
more than three (3) days, nor to any other place
than that in which the two Houses shall be sitting.
(Sec. 16[5], Article VI, 1987 Constitution)
a. Regular Sessions
Congress shall convene every fourth (4th) Monday
of July for its regular session unless a different date
is fixed by law, and shall continue to be in session
for such number of days as it may determine until
thirty (30) days before the opening of its next
regular session. (Sec. 15, Art. VI, 1987 Constitution)
b. Special Sessions Called by the President
 May be called at any time by the President,
at his absolute discretion, to consider such
subjects as he may determine.
 Congress, however, determines the number
of days it needs for such session.
c. Special Sessions Called by Congress
without Need of Call
 To pass a bill calling for the holding of a
special election when there is a vacancy in
the office of the President and Vice
President. (Sec. 10, Art. VII, 1987 Constitution)
 To determine by 2/3 vote whether the
President is unable to discharge the powers
and duties of his office. (Sec. 11, Art. VII, 1987
Constitution)
 To canvass the Presidential elections
 To exercise the power of impeachment
 To extend or revoke the proclamation of
martial law or suspension of the Writ of
Habeas Corpus. (Sec. 18[2], Art. VII, 1987
Constitution).
Joint Sessions and Separate Voting
The following are the instances when
Congress meets jointly but votes separately:
 When Congress, acting as a Board of
Canvassers, breaks the tie between two or more
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candidates for President and Vice-President
(Sec. 4, Art. VII, 1987 Constitution)
 When Congress decides on the question of the
President’s inability to discharge the powers and
functions of his office. (Sec. 11[4], Art. VII, 1987
Constitution)
 When there is a vacancy in the Office of the
Vice-President, and Congress has to confirm the
nomination made by the President. (Sect. 9, Art.
VII, 1987 Constitution)
 When Congress declares the existence of a
state of war (Sec. 23[1], Art. VI, 1987 Constitution)
 Proposing constitutional amendments (Sec. 1,
Art. XVII, 1987 Constitution)
 The members of Congress cannot compel
absent members to attend sessions if the
reason for the absence is a legitimate one. The
confinement of a Congressman charged with a
crime punishable by imprisonment of more
than six years is not merely authorized by law,
it has constitutional foundations. One rationale
behind confinement, whether pending appeal
or after final conviction, is public self-defense.
It is the injury to the public which State action
in criminal law seeks to redress. It is not the
injury to the complainant. (People of the
Philippines v. Jalosjos, G.R. No. 132875, February 3,
2000)
Voting Jointly: To revoke or extend a
proclamation suspending the privilege of the writ
of habeas corpus or placing the Philippines under
martial law. (Sec. 18, Art. VII, 1987 Constitution)
OFFICERS (Sec. 16[1], Art. VI, 1987 Constitution)
 Senate President
 Speaker of the House of Representatives
 Such other officers as they deem each
house necessary (Section 16 [1], Article VI,
1987 Constitution)
E. DISCIPLINE OF MEMBERS
Each House may determine the rules of its
proceedings, punish its Members for disorderly
behavior, and with the concurrence of two-thirds
of all its Members, suspend or expel a Member. A
penalty of suspension, when imposed, shall not
exceed sixty days. (Sec. 16[3], Art. VI, 1987
Constitution)
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 The power to punish and expel a member of
Congress is a necessary and incidental power of
the legislative body to enable it to perform its
high functions and is necessary to the safety of
the State. It is a power of protection. (Cooley,
Constitutional Limitations, 7th ed. Vol. I, p. 190,
1868)
 The determination of the acts which constitute
disorderly behavior is within the full
discretionary authority of the House
concerned, and the Court will not review such
determination, the same being a political
question.”(Osmena vs. Pendatun, G.R. No. L-
17144, October 28, 1960)
 The order of suspension prescribed by Republic
Act No. 3019 is distinct from the power of
Congress to discipline its own ranks. The
situation contemplated in the Constitution is a
punitive measure that is imposed upon
determination by the Senate of the House of
Representatives, as the case may be, upon an
erring Member. The doctrine of separation of
powers by itself may not be deemed to have
effectively excluded members of Congress
from Republic Act No. 3019 nor from its
sanctions. (Defensor-Santiago vs. Sandiganbayan,
G.R. No. 126055, April 19, 2001)
F. ELECTORAL TRIBUNALS AND THE
COMMISSION ON APPOINTMENTS
ELECTORAL TRIBUNALS
Two Types:
a. Senate Electoral Tribunal (SET)
b. House Electoral Tribunal (HRET)
Nature
 Although the Electoral Tribunals are
predominantly legislative in membership and
the provision creating them is found in Art. VI
on the Legislative Department, it is not correct
to say that they are mere adjuncts of the
Congress of the Philippines. In fact, in the
discharge of their constitutional duties, they are
independent of the legislature, and also of the
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other departments for that matter. (Cruz,
Philippine Political Law, 2014)
Composition:
 Three (3) Justices of the Supreme Court
designated by the Chief Justice;
 The Senior Justice shall be its Chairman; and
 Six (6) members of the Senate (SET) or House
of Representatives (HRET) (Sec. 17, Art. VI, 1987
Constitution)
Basis: Proportional representation from the
Political Parties and Party-Lists.
 Only if the House fails to comply with the
directive of the Constitution on proportional
representation of political parties in the HRET
and Commission on Appointments can the
party-list representatives seek recourse from
the Court through judicial review. Under the
Doctrine of Primary Administrative Jurisdiction,
prior recourse to the House is necessary before
the case may be brought to Court. (Pimentel vs.
House of Representatives Electoral Tribunal, G.R. No
141489, November 29, 2002)
 The HRET was created as a non-partisan court.
It must be independent of Congress and devoid
of partisan influence and consideration. Hence,
“disloyalty to the party” and “breach of party
discipline” are not valid grounds for the
expulsion of a member.” (Bondoc vs. Pineda, G.R.
No. 97710, September 26, 1991)
Powers
 The Electoral Tribunals of the Houses of
Congress shall be the sole judge of all contests
relating to the election, returns and
qualifications of their members.
 The decisions of the Electoral Tribunals may be
reviewed by the Supreme Court only upon
showing of grave abuse of discretion in a
petition for certiorari filed under Rule 65 of the
Rules of Court.
 The HRET may assume jurisdiction only after
the winning candidate (who is a party to the
election controversy) shall have been duly
proclaimed, has taken his oath of office, and
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has assumed the functions of the office,
because it is only then that he is said to be a
member of the House.” (Aquino vs. Commission
on Elections, G.R. No. 120265, September 18, 1995)
 The proclamation divests the Commission on
Elections of jurisdiction over the question of
disqualifications pending before it at the time of
the proclamation. Any case pertaining to
questions over the qualifications of a winning
candidate should be raised before the House of
Representative Electoral Tribunal. (Jalosjos, Jr. v.
Commission on Elections, G.R. No. 192474, June 26,
2012)
 The power of HRET does not carry with it the
authority to delve into the legality of the
judgment of the naturalization of respondent’s
father, in the pursuit of disqualifying Rep.
LimKaichong. To rule otherwise would be an
impermissible attack on the citizenship of
respondent’s father. (Vilando vs. House of
Representatives Electoral Tribunal, G.R. No. 192147,
August 23, 2011).
COMMISSION ON APPOINTMENTS
Nature: Revived in the 1987 Constitution to limit,
once again, the President’s appointing power. (Sec.
18, Art. VI, 1987 Constitution)
Composition:
a. Senate President as ex-officio chairman
b. 12 Senators
c. 12 Members of the House of Representatives
 The 12 Senators and 12 members of the House
of Representatives are elected by each house
on the basis of proportional representation.
 The Senate President shall not vote except in
case of a tie (Section 18, Article VI, 1987
Constitution).
 A political party must have at least two (2)
elected senators for every seat in the
Commission on Appointments. It is not
mandatory to elect 12 Senators to the
Commission. What the Constitution requires is
that there must be at least a majority of the
entire membership. (Guingona vs. Gonzales, G.R.
No. 106971, October 20, 1992)
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Powers
a. The Commission shall act on all
appointments submitted to it within 30
session days of Congress from their
submission.
b. The Commission shall rule by majority vote
of its members.
c. The Commission shall meet only while
Congress is in session, at the call of its
Chairman or a majority of all its members.
d. The Commission on Appointments is
independent of the two Houses of Congress.
Its employees are not, technically,
employees of Congress. It has the power to
promulgate its own rules of proceedings.
REGULAR APPOINTMENTS – takes place when
the President appoints an officer whose
appointment requires confirmation by the
Commission, while Congress is in session.
AS INTERIM or RECESS APPOINTMENT –
happens when Congress is not in session. Unlike
regular appointments, an ad-interim appointment
made by the President is complete in itself and
effective at once, even without confirmation.
G. POWERS OF CONGRESS
1. Legislative Power
General Plenary Power
The legislative power shall be vested in the
Congress of the Philippines which shall consist of a
Senate and a House of Representatives, except to
the extent reserved to the people by the provision
on initiative and referendum. (Sec. 1, Art. VI, 1987
Constitution).
 It is the power to propose, enact, amend and
repeal laws.
 Any law duly enacted by Congress carries with
it the presumption of Constitutionality. Before a
law may be declared unconstitutional by this
Court, there must be a specific provision of the
fundamental law has been violated or
transgressed xxx. To doubt is to sustain.
(Senator Benigno Simeon C., Aquino and Mayor Jesse
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Robredo vs. Commission on Elections, GR No.
189793, April 7, 2010)
Power of Appropriation
No money shall be paid out of the Treasury except
in pursuance of an appropriation made by law.
(Sec. 29[1], Art. VI, 1987 Constitution)
 The power to appropriate must be exercised
only through legislation.
To understand what constitutes an act of
appropriation, the Supreme Court, in Bengzon
v. Secretary of Justice and Insular Auditor (G.R.
No. L-42821, January 18, 1936) held that the
power of appropriation involves (a) the setting
apart by law of a certain sum from the public
revenue for (b) a specified purpose. Essentially,
under the 2013 PDAF Article, individual
legislators are given a personal lump-sum fund
from which they are able to dictate (a) how
much from such fund would go to (b) a specific
project or beneficiary that they themselves also
determine. As these two (2) acts comprise the
exercise of the power of appropriation as
described in Bengzon and given that the 2013
PDAF Article authorizes individual legislators to
perform the same, undoubtedly, said legislators
have been conferred the power to legislate
which the Constitution does not, however,
allow.
 Thus, keeping with the principle of non-
delegability of legislative power, the Supreme
Court hereby declares the 2013 PDAF Article, as
well as all other forms of Congressional Pork
Barrel which contain the similar legislative
identification feature as herein discussed, as
unconstitutional. The power to determine what
kind of infrastructure to prioritize and fund is a
power to determine the purpose of the
appropriation and is an undue delegation of the
power to appropriate. (Belgica v. Ochoa, Jr., G.R.
No. 208566, November 19, 2013).
APPROPRIATION LAW – a statute the primary
and specific purpose of which is to authorize the
release of public funds from the Treasury
Classes:
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General Appropriations Law – passed annually, 3. Budget Execution - primarily the function
intended to provide for the financial operations of of the DBM, which is tasked to perform the
the entire government during one fiscal period. following procedures, namely: (a) to issue
the programs and guidelines for the release
The President shall submit to the Congress, within of funds; (b) to prepare an Allotment and
thirty days from the opening of every regular Cash Release Program; (c) to release
session, as the basis of the general appropriations allotments; and (d) to issue disbursement
bill, a budget of expenditures and sources of authorities.
financing, including receipts from existing and 4. Accountability– allows DBM to assess the
proposed revenue measures. (Section 22, Article VII, performance of agencies during the fiscal
1987 Constitution) year for the purpose of implementing
reforms and establishing new policies. An
Special Appropriations Law – designed for a agency’s accountability may be examined
specific purpose. and evaluated through (1) performance
targets and outcomes; (2) budget
A special appropriations bills shall specify the accountability reports; (3) review of agency
purpose for which it is intended, and shall be performance; and (4) audit conducted by
supported by funds actually available as certified the Commission on Audit (COA). (Araullo vs.
by the National Treasurer, or to be raised by a Aquino, G.R. No. 209287, July 1, 2014)
corresponding revenue proposal therein. (Section
25(4), Article VI, 1987 Constitution) Legislative Inquiries and the Oversight
Functions
 The spending power, called the Power of the
Purse belongs to Congress, subject only to the IN AID OF OVERSIGHT
veto power of the President. While it is the LEGISLATION FUNCTIONS
President who proposes the budget, still, the Who may Any person Department
final say on the matter of appropriation is appear? Heads
lodged in Congress. The power of appropriation Who may be Anyone, except No one. Each
carries with it the power to specify the project summoned? the President and House may
the members of only request
or activity to be funded under the appropriation
the Supreme the
law. It can be as detailed and broad as Congress Court appearance of
wants it to be. (Philippines Constitution Association the
vs. Enriquez, 235 SCRA 506) Department
Heads
Philippine Budget Cycle Subject Any matters for Matters related
matter purposes of to the
1. Budget Preparation - commenced pending Department
through the issuance of a Budget Call by the legislation only
DBM and the DBM next consolidates the Obligatory Mandatory Discretionary
recommended agency budgets into the force of
National Expenditure Program (NEP)a appearance
Budget of Expenditures and Sources of
Financing (BESF). The NEP provides the CONGRESSIONAL OVERSIGHT – embraces all
details of spending for each department and activities undertaken by Congress to enhance its
agency by program, activity or project understanding of and influence over the
(PAP), and is submitted in the form of a implementation of legislation it has enacted. It
proposed GAA. concerns post-enactment measures undertaken by
2. Budget Legislation - covers the period the same. It includes the following:
commencing from the time Congress
receives the President’s Budget, which is a. To monitor bureaucratic compliance with
inclusive of the NEP and the BESF, up to the program objectives.
President’s approval of the GAA.
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b. To determine whether agencies are properly
administered. Power to Conduct Question Hour
c. To eliminate executive waste and
dishonesty. The heads of departments may, upon their own
d. To prevent executive usurpation of initiative, with the consent of the President, or
legislative authority upon the request of either House, as the rules of
e. To assess executive conformity with the each House shall provide, appear before and be
congressional perception of public interest. heard by such House on any matter pertaining to
their departments. Written questions shall be
 The power of oversight has been held to be submitted to the President of the Senate or the
intrinsic in the grant of legislative power itself Speaker of the House of Representatives at least
and integral to the checks and balances three days before their scheduled appearance.
inherent in a democratic system of government. Interpellations shall not be limited to written
It has also been used to ensure the questions, but may cover matters related thereto.
accountability of regulatory commissions like When the security of the State or the public interest
the Securities and Exchange Commission. so requires and the President so states in writing,
Unlike other ordinary administrative agencies, the appearance shall be conducted in executive
these bodies are independent from the session. (Sec. 22, Art. VI, 1987 Constitution)
executive branch and are outside the executive
department in the discharge of their functions.  The requirement for cabinet members to secure
(Makalintal vs. Commission on Elections, G.R. No. presidential consent under Sec. 1 of E.O. 464,
157013, 2003) which is limited only to appearances in the
question hour, is valid on its face. Under Sec.
Categories of Congressional Oversight 22, Art. VI of the Constitution, the appearance
of department heads in the question hour is
1. Scrutiny – Congress may request discretionary on their part. Sec. 1, cannot be
information and report from the other applied to appearances of department heads in
branches of government. It can give inquiries in aid of legislation. Congress is not
recommendations or pass resolutions for bound in such instances to respect the refusal
considerations of the agency involved. of the department head to appear in such
Legislative scrutiny is based on the power of inquiry, unless a valid claim of privilege is
the Congress and exercised this power thru subsequently made by the President or by the
its power of confirmation. Executive Secretary. On the other hand, other
2. Congressional Investigation – This is executive officials cannot properly refuse to
recognized under Sec. 21, Art. VI of the testify before congressional inquiries in aid of
1987 Constitution. But even in the absence legislation. (Senate of the Philippines, et al., vs.
of an express provision in the Constitution, Eduardo Ermita, G.R. No. 169777, April 20, 2006)
congressional investigation has been held to
be an essential and appropriate auxiliary to Question Hour vs. Inquiry in Aid of
the legislative functions. Legislation
3. Legislative Supervision – connotes a
continuing and informed awareness on the INQUIRY IN QUESTION
part of a congressional committee regarding AID OF HOUR (Sec.
executive operations in a given LEGISLATION 22)
administrative area. Allows Congress to (Sec. 21)
scrutinize the exercise of delegated law- Relates to? Relates to the Pertains to the
power to power to
making authority, and permits Congress to
conduct inquiries conduct a
retain part of that delegated authority. in aid of question hour.
Congress exercises supervision over the legislation.
executive agencies through its veto power Purpose To elicit To obtain
(Makalintal vs. Commission on Elections, G.R. No. information that information in
157013, 2003) pursuit of
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may be used for Congress’ parochial
legislation. oversight tendency of a
function. body elected
Nature of Attendance is Attendance is by District.
attendance compulsory. discretionary.
Legislation Allows for a Facility in
Persons Any person. Only more careful pinpointing
required to Department
study of responsibility for
attend Heads.
legislation. legislation,
Who Committees Entire body avoidance of
conducts? duplication, and
Subject Any matter for Only matters strengthening of
matter the purpose of related to the the Legislature in
legislation. Departments.
relation to the
Basis Grounded on the Congress
necessity of merely seeks
Executive.
information in to be informed Vulnerabili Less Drawing from
the legislative on how ty vulnerable to the recent
process (the Department attempts of experience with
power of inquiry) Heads are the Executive People power,
being co- implementing to control the there is greater
extensive with the statutes Legislature. responsiveness
the power to which it has to the needs of
legislate. issued.
the masses
because the
 Secs. 21 and 22, therefore, while closely related
Representatives
and complementary to each other, should not
are forced to
be considered as pertaining to the same power
interact more
of Congress. (Senate of the Philippines, et al., vs.
intensely with
Eduardo Ermita, GR No. 169777, April 20, 2006)
their limited and
Bicameral Conference Committee
clearly
identifiable
BICAMERALIS UNICAMERALI
M constituencies.
SM
Definition The practice of The practice of
 A bill can be passed jointly or separately. The
having two having only one
former is done by a joint session, while the
legislative or legislative or
latter is passed simultaneously (when a bill is
parliamentary parliamentary
taken up by both Houses separately but at the
chambers. chamber.
same time), or sequentially (when a bill
Passing of Every Bill must Every Bill must
originates from one house and goes to the other
the Bill pass two (2) pass by only a
house). If passed separately, the bill approved
Houses of single House of
by one house goes to the other House, which
Congress to Congress to
can amend such bill. Once the other House
become a law. become a law.
approves the bill, this is called the other House’s
Organizatio There is an Simplicity of version of the bill.
n Upper House organization  A Conference Committee is then organized,
that looks at resulting in composed of equal number of members from
problems economy and the Senate and the House, to make
which form efficiency.
recommendations of the bill. The respective
the national members are usually granted blanket authority
perspective to negotiate and reconcile the bills.
and, thus,  Under the congressional rules of procedure,
serves as a conference committees are not expected to
check on the
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make any material change in the measure at
issue, either by deleting provisions to which
both houses have already agreed or by inserting
new provisions. But this is a difficult provision
to enforce. Note the problem when one house
amends a proposal originating in either house
by striking out everything following the enacting
clause and substituting provisions which make
it an entirely new bill. The versions are now
altogether different, permitting a conference
committee to draft essentially a new bill.
 At the end of the process, the Committee comes
up with a “Conference Committee Report”
which is then submitted to the respective
Houses for approval.
 A conference committee may deal generally
with the subject matter or it may be limited to
resolving the precise differences between the
two houses. Even where the conference
committee is not by rule limited in its
jurisdiction, legislative custom severely limits
the freedom with which new subject matter can
be inserted into the conference bill. But
occasionally a conference committee produces
unexpected results, results beyond its mandate.
These excursions occur even where the rules
impose strict limitations on conference
committee jurisdiction. This is symptomatic of
the authoritarian power of conference
committee.” (Philippine Judges Association v.
Prado, G.R. No. 105371, November 11, 1993)
 The result is a third version, which is considered
an “amendment in the nature of a substitute,”
the only requirement for which being that the
third version be germane to the subject of the
House and Senate bills (Tolentino vs. Secretary of
Finance, G.R. No. 1154545, August 25, 1994).
Officers of the Senate and the House of
Representatives
1. Senate President or Speaker of the House
2. Senate President/Speaker Pro Tempore
3. Majority Floor Leader
4. Minority Floor Leader
5. Chairman of Standing Committees
6. Chairman of Special Committees
7. Secretary
8. Sergeant-at-Arms
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Limitations on Legislative Power
Express Substantive Limitation
Bill of Rights
Procedural limitations on the legislative
power: Every bill passed by the Congress shall
embrace only one subject as expressed in the title
thereof. (Sec. 26[1], Art. VI, 1987 Constitution)
 The title is not required to be an index of the
contents of the bill. It is sufficient compliance if
the title expresses the general subject, and all
the provisions of the statute are germane to the
subject. (Chiongbian vs. Orbos, G.R. No. 96754,
June 22, 1995)
 A law having a single, general subject indicated
in its title may contain a number of provisions,
no matter how adverse they may be, so long as
they are not inconsistent with or foreign to the
general subject. (Tatad vs. Secretary of Energy,
G.R. No. 124360, November 5, 1997)
 The presidential certification dispensed with the
requirement not only of printing but also that of
reading the bill on separate days. (Tolentino vs.
Secretary of Finance, GR No. 115455, October 30,
1995)
On appropriation (Secs. 25 and 29[1] and [2], art.
VI, 1987 Constitution)
Limitations on Revenue Appropriations and
Tariff Measures
Implied Limitations on Appropriation Measures
 Appropriation must be devoted to a public
purpose.
 The sum authorized must be determinate, or at
least determinable.
Constitutional limitations on appropriation
measures
 All appropriations, revenue or tariff, bills
authorizing increase of the public debt, bills of
local application and private bills shall originate
in the House of Representatives. (Section 24,
Article VI, 1987 Constitution)
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 The exclusivity of the prerogative of the House
means simply that the House can initiate the
passage of a revenue bill, such that the House
does not initiate one, no revenue law will be
passed. But once the House has approved a
revenue bill and passed it on to the Senate, the
Senate can completely overhaul it, by
amendment of parts or by amendment by
substitution, and come out with one completely
different from what the House approved.”
(Tolentino vs. Sec. of Finance, G.R. No. 115455,
October 30, 1995)
 Disbursements of discretionary funds must only
be for a public purpose to be supported by
appropriate vouchers and subject to such
guidelines as may be prescribed by law.
 Prohibition against appropriations for sectarian
benefit. (Section 29[2], Article VI, 1987
Constitution)
Constitutional Rules on General
Appropriations law (Sec. 25, Art.. e VI, 1987
Constitution)
a. Congress cannot increase the appropriations
recommended by the President as specified
in the budget.
b. The form, content, and manner of
preparation of the budget shall be
prescribed by law.
c. No provision or enactment shall be
embraced 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. (Reason: Intended to prevent
riders, or irrelevant provisions included in
the bill to ensure its approval).
d. Procedure for approving appropriations for
Congress shall strictly follow the procedure
for approving appropriations for other
departments and agencies. (Ratio:
Intended to prevent sub rosa appropriation
by Congress).
GENERAL RULE: No law shall be passed
authorizing any transfer of appropriations.
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EXCEPTION: 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. (Sec.
25[5], Art. VI, 1987 Constitution)
 The existence of appropriations and the
availability of funds are indispensable requisites
to, or conditions sine qua non for the execution
of government contracts. (Commission on
Elections vs. Judge Quijano, GR No. 151992,
September 18, 2002)
 The members of Congress only determine the
necessity of the realignment of savings in the
allotments for their operational expenses,
because they are in the best position to do so,
being knowledgeable of the savings available in
some items of the operational expenses, and
which items need augmentation. However, it is
the Senate President or the Speaker of the
House of Representatives, as the case may be,
who shall approve the realignment. (Philippine
Constitution Association vs. Enriquez, G.R. No.
113105, August 19,1994)
Strict construction on the accumulation and
utilization of savings (DAP case)
 The exercise of the power to augment shall be
strictly construed by virtue of its being an
exception to the general rule that the funding
of PAPs shall be limited to the amount fixed by
Congress for the purpose. Necessarily, savings,
their utilization and their management will also
be strictly construed against expanding the
scope of the power to augment. Such a strict
interpretation is essential in order to keep the
Executive and other budget implementors
within the limits of their prerogatives during
budget execution, and to prevent them from
unduly transgressing Congress’ power of the
purse. Hence, regardless of the perceived
beneficial purposes of the DAP, and regardless
of whether the DAP is viewed as an effective
tool of stimulating the national economy, the
acts and practices under the DAP and the
relevant provisions of NBC No. 541 cited in the
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Decision should remain illegal and
unconstitutional as long as the funds used to
finance the projects mentioned therein are
sourced from savings that deviated from the
relevant provisions of the GAA, as well as the
limitation on the power to augment under Sec.
25(5), Article VI of the Constitution. In a society
governed by laws, even the best intentions
must come within the parameters defined and
set by the Constitution and the law. Laudable
purposes must be carried out through legal
methods.” (Araullo, vs. Aquino III, G.R. No. 209287,
February 03, 2015)
The following acts and practices under DAP
were declared to be unconstitutional:
a. The withdrawal of unobligated allotments
from the implementing agencies, and the
declaration of the withdrawn unobligated
allotments and unreleased appropriations as
savings prior to the end of the fiscal year and
without complying with the statutory
definition of savings contained in the GAA;
b. The cross-border transfers of the savings of
the executive to augment the appropriations
of other offices outside the executive;
c. The funding of programs, activities and
projects (PAPs) that are not covered by any
appropriation in the GAA since augmentation
can only be made from one existing item to
another existing item in the budget; and
(eventually became valid upon granting of
MR)
d. The use of unprogrammed funds in the
absence of a legally required certification by
the whole revenue collection exceeded the
total revenue targets. (Araullo, vs. Aquino III,
G.R. No. 209287, February 03, 2015)
Automatic Re-appropriation: 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” (Sec. 25[7], Art. VI, 1987 Constitution).
Appropriation reserves (Sec. 37, Administrative
Code)
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 The Budget Secretary is authorized to establish
reserves against appropriations to provide for
contingencies and emergencies which may arise
during the year.
 This is merely expenditure deferral, not
suspension since the agencies concerned can
still draw on the reserves if the fiscal outlook
improves.
IMPOUNDMENT – the refusal by the President
for whatever reason to spend funds made available
by Congress. It is the failure to spend or obligate
budget authority of any type. (Philippine
Constitution Association vs. Enriquez, G.R. No.
113105, August 19, 1994)
Constitutional Limitations on Special
Appropriations Measures:
 Must specify the public purpose for which the
sum was intended.
 Must be supported by funds actually available
as certified to by the National Treasurer, or to
be raised by a corresponding revenue proposal
included therein (Section 25[4], Article VI, 1987
Constitution).
Power of Expropriation: Private property shall
not be taken for public use without just
compensation” (Sec. 9, Art. III, 1987 Constitution).
3. On taxation (Sec. 4[3], Art. XIV, 1987
Constitution)
Limitations:
a. Rule of taxation shall be uniform and
equitable. Congress shall evolve a
progressive system of taxation. (Sec. 28[1],
Art. VI, 1987 Constitution)
b. 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. (Sec. 28[2], Art. VI,
1987 Constitution)
c. Charitable institution, churches and
personages or convents appurtenant
thereto, mosques, non-profit cemeteries,
and all lands, buildings and improvements,
actually, directly, and exclusively used for
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religious, charitable, or educational purposes
shall be exempt from taxation. (Sec. 28[3],
Art. VI, 1987 Constitution)
d. Law granting exemption shall be passed only
with the concurrence of the majority of all
members of Congress. (Sec. 28[4], Art. VI,
1987 Constitution)
e. 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. (Sec. 4[3], Art. XIV, 1987 Constitution)
f. On constitutional appellate jurisdiction of the
Supreme Court. (Sec. 30, Art. VI, 1987
Constitution)
g. No law granting a title of royalty or nobility
shall be passed. (Sec. 31, Art. VI, 1987
Constitution)
h. On Congressional Override of veto power.
Presidential veto and congressional override
The bill becomes a law in any of the following
cases:
a. When the President approves the same and
signs it.
b. When Congress by 2/3 votes, overrides the
Presidential veto.
 If the President does not approve the bill, he
shall veto the same and return it to the House
from which it originated.
 To override the veto, at least 2/3 of ALL the
members of each House must agree to pass the
bill. In such case, the veto is overridden and the
bill becomes law without need of Presidential
approval.
N.B.: The President must decide to approve or
veto a bill and communicate his decision to veto
within 30 days from the date of the receipt thereof.
If he fails to do so, the bill shall become law as if
he signed it. This last rule eliminates the “pocket
veto,” whereby the President would simply refuse
to act on the bill. Hence, there is no “pocket veto”
in the Philippines.
c. Upon failure of the President to vote and
return with objections, the bill within 30 days
upon the date of receipt (Section 27[1], Article
VI, 1987 Constitution).
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N.B.: In case of vacancy in the offices of President
and Vice President, a bill calling for special election
to elect a President and Vice President shall
become a law upon its approval on third reading by
the Congress (Sec. 10, Art. VII, 1987 Constitution)
KINDS OF VETO
Presidential Veto – the President disapproves
the bill and returns the same to the House where
it originates together with his “veto message”
Pocket Veto - One by which the President secures
disapproval of a bill of congress by mere inaction
after the adjournment of Congress. In the
Philippines, an inaction by the President within 30
days from date of receipt of the bill shall become
law as if he signed it.
Partial or Selective Veto
GENERAL RULE: A partial veto is invalid
EXCEPTION: Particular items in an appropriation,
revenue or tariff bill (Sec. 27[2], Art. VI, 1987
Constitution)
EXCEPTION TO THE EXCEPTION: Doctrine of
Inappropriate Provisions, which is a provision that
is constitutionally inappropriate for an
appropriation bill may be singled out for veto even
if it is not an appropriation or revenue “item”.
(Gonzales vs. Macaraig, Jr., G.R. No. 87636, November
19, 1990)
Basis:
1. 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. (Section 25[2], Article VI, 1987
Constitution)
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. (Section 27[2],
Article VI, 1987 Constitution)
Legislative Veto – a means whereby the
legislature can block or modify administrative
action under a statute. The form may either be
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negative (i.e. subjecting the executive action to
disapproval by Congress) or affirmative (i.e.
requiring approval of the executive action by
Congress).
4. On constitutional appellate jurisdiction of
the Supreme Court (Sec. 30, Art. VI, 1987
Constitution)
5. No law granting a title of royalty or
nobility shall be passed (Sec. 31, Art. VI, 1987
Constitution)
Implied Substantive Limitations
Prohibition against delegations of legislative
powers
GENERAL RULE: Legislative powers cannot be
delegated. What can be delegated is the execution
of the laws under acceptable standards limiting
discretion of the executive
EXCEPTIONS:
1. Delegation to the President:
a. Emergency powers. (Sec. 23, Art. VI, 1987
Constitution)
b. Certain taxing powers, i.e. tariff rates,
import and export quotas, tonnage and
wharfage dues, other duties and imports.
(Sec. 28[2], Art. VI, 1987 Constitution)
2. Delegation to Local Governments: It is
sufficient that the statute indicates the
subject matter over which the local law-
making agency may legislate.
3. Delegation to Administrative Agencies
4. Delegation to the Supreme Court
a. Rules of Court
b. Rules on admission to the bar
c. Creation and operation of the integrated
bar
d. Rules on legal assistance to the under-
privileged
5. Delegation to Constitutional Commissions
a. The Commissions on Elections, Civil
Service Commission and the Commission
on Audit have been granted by the
constitution rule-making powers. (Sec. 6,
Art. IX-A; Sec. 3, Art. IX-C; and Sec. 2[2], Art.
IX-D, 1987 Constitution)
b. The Commission on Human Rights is
empowered by the constitution to adopt
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its operational guidelines and rules of
procedure and cite for contempt in
violations thereof in accordance with the
Rules of Court. (Sec. 18, Art. XIII, 1987
Constitution)
6. Prohibition against passage of irrepealable
laws: It is axiomatic that all laws, even the
Constitution itself, may be repealed or
amended. No one can bind future
generations to a law that is no longer
responsive.
Non-Legislative Power
Informing Function
 The power of Congress, when it investigates, is
either in aid of legislation or by way of
oversight. What appear to have been forgotten
is an equally important and fundamental power
and duty of Congress and that is its informing
function by way of investigating for the purpose
of enlightening the electorate.” (Akbayan Citizens
Action Party, Pambansang Kati-Punan Ng Mga
Samahan Sa Kanayunan, et al. vs. Thomas G.
Aquino, et al., G.R. No. 170516, July 16, 2008)
Power of Impeachment
 The President, the Vice President, the Members
of the Supreme Court, the Members of the
Constitutional Commissions, and the
Ombudsman may be removed from office on
impeachment for, and conviction of, culpable
violation of the Constitution, treason, bribery,
graft and corruption, other high crimes, or
betrayal of public trust. All other public officers
and employees may be removed from office as
provided by law, but not by impeachment.
(Section 2, Article XI, 1987 Constitution)
IMPEACHMENT – the power of the Congress to
remove a public official for serious crimes or
misconduct as provided in eth Constitution. (Corona
vs. Senate of the Philippines, G.R. No. 200242, July 17,
2012)
Officials Who Are Subject to Impeachment
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a. President;
b. Vice President;
c. Justices of the Supreme Court;
d. Members of the Constitutional Commissions;
and
e. Ombudsman
 The enumeration in the Constitution of the
impeachable officers is exclusive. The
Ombudsman is only one man, not including his
Deputies. (Office of the Ombudsman vs. Court of
Appeals, GR No. 146486, March 4, 2005)
Grounds for Impeachment
a. Culpable violation of the Constitution
b. Treason
c. Bribery
d. Graft and Corruption
e. Other High Crimes
f. Betrayal of Public Trust
N.B.: No impeachment proceedings shall be
initiated against the same official more than once
within a period of one year.” (Sec. 3 [5], Art. XI, 1987
Constitution) The House of Representatives shall
have the exclusive power to initiate all cases of
impeachment, while the Senate shall have the
sole power to try and decide all cases of
impeachment.
JURISPRUDENTIAL GUIDEPOSTS
 From the records of the Constitutional
Commission, to the amicus curiae briefs of two
former Constitutional Commissioners, it is
without a doubt that the term “to initiate” refers
to the filing of the impeachment complaint
coupled with Congress’ taking initial action of
said complaint. (Francisco vs House of
Representatives, G.R. No 160261, November 10,
2003)
 The ‘initiation’ takes place by the act of filing
and referral or endorsement of the
impeachment complaint to the House
Committee on Justice or, by the filing by at least
one-third of the members of the House of
Representatives with the Secretary-General of
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the House (Gutierrez v. House Committee on
Justice, G.R. 193459, February 15, 2011)
Other Non-Legislative Powers
a. Act as Board Canvasser in election of
President (Sec. 4, Art. VII, 1987 Constitution)
 Congress may validly delegate the initial
determination of the authenticity & due
execution of the certificates of canvass to a
joint congressional committee, composed of
members of the House of Representative &
of the Senate.
b. Declare existence of a State of War (Sec. 23,
Art. VI, 1987 Constitution)
 By Virtue of 2/3 of both Houses in joint
session assembled, voting separately,
declare the existence of a State of war.
c. Delegation of Emergency Powers (Sec. 23, Art.
VI, 1987 Constitution)
d. Call special election for President and Vice
President (Sec. 10, Art. VII, 1987 Constitution)
e. Give concurrence to treaties and amnesties
(Sec. 21, Art. VII, 1987 Constitution)
f. Propose constitutional amendments
constituent power (Secs. 1 and 2, Art. XVIII,
1987 Constitution)
g. Confirm certain appointments
h. Decide disability of the President because
majority of the Cabinet dispute his assertion
that he is able to discharge his duties (Sec.
11, Art. VI, 1987 Constitution)
i. Revoke or extend proclamation of
suspension of privilege of writ of habeas
corpus or declaration of martial law (Sec. 18,
Art. VII, 1987 Constitution)
j. Power with regard to utilization of natural
resources (Sec. 2, Art. XII, 1987 Constitution)
k. Approval of presidential amnesties (Sec. 19,
Art. VII, 1987 Constitution)
l. Constituent Power (Secs. 2-4, Art. XVII, 1987
Constitution)
IV. EXECUTIVE DEPARTMENT
A. PRIVELEGES, INHIBITIONS, AND
DISQUALIFICATIONS
Presidential Immunity
 Rationale for the immunity is to assure exercise
of presidential duties and functions free from
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any hindrance or distraction considering that it
is a job that requires the Chief Executive’s time
as well as undivided attention. (Soliven vs.
Makasiar, G.R. No. 82585, November 14, 1988)
 While the President is immune from suit, she
may not be prevented from instituting it.
However, such privilege may be waived solely
on the President’s prerogative. (Soliven vs.
Makasiar, G.R. No. 82585, November 14, 1988)
 A non-seating President cannot enjoy immunity
from suit for criminal acts committed during his
incumbency. (Estrada vs. Desierto, G.R. Nos.
146710-15, March 2, 2001)
 The questioned act of the alter-ego is not the
act of the President. Furthermore, presidential
decisions may be questioned before the courts
where there is a grave abuse of discretion or
that the President acted without or in excess of
jurisdiction. (Gloria vs. Court of Appeals, G.R. No.
119903, August 15, 2000)
Presidential Privilege
 The President shall have an official residence.
The salaries of the President and Vice-President
shall be determined by law and shall not be
decreased during their tenure. No increase in
said compensation shall take effect until after
the expiration of the term of the incumbent
during which such increase was approved. They
shall not receive during their tenure any other
emolument from the Government or any other
source (Sec. 6, Art. VII, 1987 Constitution).
 Executive privilege is properly invoked in
relation to specific categories of information and
not to categories of persons—it attaches to the
information and not the person. Only the
President (and the Executive Secretary, by
order of the President) can invoke the privilege.
(Senate v. Ermita, G.R. No. 169777, April 20, 2006)
 The following are the requisites for validity of
claim needed to be complied with in order for
the claim to executive privilege to be valid.
These are: — (1) Quintessential and non-
delegable presidential power- power subject of
the legislative inquiry must be expressly
granted by the Constitution to the President, e.g
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commander-in-chief, appointing, pardoning,
and diplomatic powers; (2) Operational
Proximity Test: it must be authored, solicited,
and received by a close advisor of the President
or the President himself. The judicial test is that
an advisor must be in “operational proximity”
with the President (i.e. officials who stand
proximate to the President, not only by reason
of their function, but also by reason of their
positions in the Executive’s organizational
structure); (3) No adequate need: The privilege
may be overcome by a showing of adequate
need, such that the information sought “likely
contains important evidence,” and by the
unavailability of the information elsewhere by
an appropriate investigating authority. (Neri v.
Senate, G.R. No. 180643, September 4, 2008)
Presidential Prohibitions/Inhibitions (Secs. 6
& 13, Art VII, 1987 Constitution)
a. Shall not receive any other emolument from
the government or any other source.
b. Unless otherwise provided by the condition,
shall not hold any other office or
employment.
 The Vice President may be appointed as
a member of the cabinet, without
confirmation from the Commission on
Appointment; the Secretary of Justice is
an ex-officio member of the Judicial and
Bar Council.
 This prohibition must not be construed as
applying to posts occupied by the
Executive officials without additional
compensation in an ex-officio capacity,
as provided by law and as required by the
primary functions of the said officials’
office.
B. POWERS
Executive and Administrative Powers, in
general
 The power to enforce and administer laws.
 Vested in the President of the Philippines (Sec.
1, Art. VII, 1987 Constitution)
The Faithful Execution (Take Care) Clause
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The President shall have control of all the executive
departments, bureaus, and offices. He shall ensure
that laws be faithfully executed. (Sec. 17, Art. VII,
1987 Constitution)
The administrative head of the government, the
President is vested with the power to execute,
administer and carry out laws into practical
operation. Impressed upon us, then, is the fact that
executive power is the power of carrying out the
laws into practical operation and enforcing their
due observance. Under Section 17, Article VII, the
President shall have control of all the executive
departments, bureaus, and offices (Power of
Control). He shall ensure that the laws be faithfully
executed.
Power of Appointment
In general
APPOINTMENT – the unequivocal act of
designating or selecting by one having the
authority therefore of an individual to discharge
and perform the duties and functions of an office
or trust. (Bermudez vs. Executive Secretary, G.R. No.
131429, August 4, 1999)
 The power to appoint is an executive function,
legislature may not usurp this function. The
appointing authority of the president however,
should not be confused with the authority of the
legislature to impose additional duties on
existing offices. (Bernas, The 1987 Constitution of
the Philippines A Commentary, 1987)
Classifications of Appointment
a. Permanent and Temporary
On one hand, Permanent Appointment is extended
to persons possessing the requisite eligibilities. It
has security of tenure. Some positions require
Commission on Appointment’s confirmation. On
the other hand, Temporary Appointment is given
to person without eligibility. It is revocable at will
and without the necessity of just cause or valid
investigation. It is not subject to Commission on
Appointment’s confirmation.
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APPOINTMENT – the selection by the authority
vested with the power of an individual who is to
exercise the functions of a given office.
DESIGNATION – an indication of nomenclature
to the appointive position. It may be an imposition
of (additional) duties, usually by law, on a person
already in the public service.
Appointments solely by the President (Sec. 16,
Art. VII, 1987 Constitution)
a. Those whom he may be authorized by law
to appoint.
b. Those whose appointments are not
otherwise provided by law.
Designation: The President may designate an
officer already in the government service or any
other competent person to perform the functions
of any office in the executive branch, when: (a)
The officer regularly appointed to the office is
unable to fulfill his duties by reason of illness,
absence, or any other cause; or (b) There exists a
vacancy. (Sec. 17, Book III, Administrative Code of
1987) . In no case shall designation exceed one (1) year.
b. Regular Appointment and Ad-Interim or
Recess Appointment
On one hand, ad interim appointment is extended
only during a recess of Congress. The names are
submitted to the Commission on Appointments for
confirmation or rejection. It is effective
immediately until disapproval of the Commission
on Appointments or until the next adjournment of
Congress. On the other hand, Appointment in an
Acting Capacity may be extended any time there is
a vacancy. It is not submitted to the Commission
on Appointments for confirmation or rejection. It is
effective for a maximum of one (1) year from date
of appointment.
 Ad interim appointments must be distinguished
from appointments in an acting capacity. Both
of them are effective upon acceptance. Acting
appointments are a way of temporarily filling
important offices but, if abused, they can also
be a way of circumventing the need for
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confirmation by the Commission on
Appointments. (Pimentel Jr. vs. Ermita, G.R. No.
164978, October 13, 2005).
 Sections 4(1) and 9 of Art. VIII simply mean
that the President is required to fill vacancies in
the courts within the time frames provided
therein, unless prohibited by Sec. 15 of Art.VII.
While the filling of vacancies in the judiciary is
undoubtedly in the public interest there is no
showing in this case of any compelling reason
to justify the making of the appointments
during the period of the ban. (In Re Mateo
Valenzuela, A.M. No. 98-5-01-SC, November 9, 1998)
 The constitutional provision on midnight
appointments, Art. VII, Sec. 15, applies only to
presidential appointments are correctly ruled by
the Civil Service Commission. In truth and in
fact, there is no law that prohibits local elective
officials from making appointments during the
last days of his tenure. (De Rama vs. CA, G.R. No.
131136, February 28, 2001)
Modes of terminating ad-interim
appointments:
a. Disapproval by the Commission on
Appointments
b. Adjournment of Congress prior to
Commission action on appointment
Commission on Appointments’ Confirmation
1. With the consent of the Commission on
Appointments
a. Heads of executive departments;
b. Ambassadors and other public ministers and
consuls;
c. Officers of the AFP from the rank of colonel
or naval captain and up;
d. Other ministers whose appointments are
vested in him by the Constitution
e. Chairman and members of Constitutional
Commissions
f. Regular members of the Judicial and Bar
Council
 The list is exclusive; it may not be expanded by
statutory legislation. (Sarmiento vs. Mison, G.R.
No. 79974, December 17, 1987)
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2. Prior recommendation or nomination by
the Judicial and Bar Council
a. Members of the Supreme Court and all lower
courts (Sec. 9, Art. VIII, 1987 Constitution);
b. Ombudsman and his 5 deputies.
3. Requiring nominations by multi-sectoral
groups
a. Regional consultative commission (Sec. 18,
Art. X, 1987 Constitution)
b. Party-list representatives, before the Party-
list Law (Sec. 7, Art. XVIII, 1987 Constitution)
4. Appointment of Vice President as member
of the Cabinet;
5. Appointment solely by the President.
a. Those vested by the Constitution on the
President alone;
b. Those whose appointments are not
otherwise provided for by law;
c. Those whom he may be authorized by law
to appoint;
d. Those other officers lower in rank whose
appointment is vested by law in the
President alone.
Appointing Procedure for those that Need CA
Confirmation
1. Nomination by the President
2. Confirmation by the Commission on
Appointments
3. Issuance of commission
4. Acceptance by appointee
 An appointment is deemed complete only upon
its acceptance. Pending such acceptance, which
is optional to the appointee, the appointment
may still be validly withdrawn. Appointment to
public office cannot be forced upon any citizen
except for purposes of the defense of the State
under Article II. (Lacson vs. Romero, 84 Phil 740,
October 14, 1949)
 Generally, the power to appoint vested in the
President includes the power to make
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temporary appointments, unless he is otherwise
specifically prohibited by the Constitution or by
the law, or where an acting appointment is
repugnant to the nature of the office involved.
(Cabiling v. Pabualan, G.R. Nos. L-21764 and L-
21765, May 31, 1965, 14 SCRA 274)
Midnight Appointments
MIDNIGHT APPOINTMENT – During the period
state in Sec. 15, Art. VII of the Constitution, which
is two months immediately before the next
presidential elections and up to the end of his term,
the President is neither required to make
appointments to the courts nor allowed to do so.
GENERAL RULE: Prohibition against midnight
appointments.
EXCEPTIONS: Midnight appointments may still be
made under the following conditions:
 They are temporary appointments to
executive positions; and
 The continued vacancies will prejudice public
service or endanger public safety.
 During this period, the President is neither
required to make appointments to the courts
nor allowed to do so. Sections 4(1) and 9 of
Article VIII simply mean that the President is
required by law to fill up vacancies in the courts
within the time frames provided therein, unless
prohibited by Sec. 15 of Article VII. While the
filing up of vacancies in the judiciary is
undoubtedly in the public interest, there is no
showing in this case of any compelling reason
to justify the making of the appointments
during the period of the ban. (In Re: Mateo
Valenzuela, AM No. 98-01-SC, November 9, 1998)
Power of Removal
The President cannot remove officials appointed by
him where the Constitution prescribes certain
methods for separation of such officers from public
service (i.e. Constitutional Commissioners).
 Members of the Cabinet and such officers
whose continuity in office depends upon the
pleasure of the President may be replaced at
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any time, but legally speaking, their separation
is effected not by removal but by expiration of
term. (Alajar vs. Alba, G.R. Nos. L-10360 and L-
10433, January 17, 1957)
Power of control and supervision
The power of control is the power of an officer to
alter or modify 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 officer in control lays down
the rules in the doing of an act. If they are not
followed, he may, in his discretion, order the act
undone or re-done by his subordinate or he may
even decide to do it himself.
On the other hand, the power of supervision means
“overseeing or the authority of an officer to see to
it that the subordinate officers perform their duties.
If the subordinate officers fail or neglect to fulfill
their duties, the official may take such action or
step as prescribed by law to make them perform
their duties.
 Essentially, the power of supervision means no
more than the power of ensuring that laws are
faithfully executed, or that subordinate officers
act within the law. The supervisor of
superintendent merely sees to it that the rules
are followed, but he does not lay down the
rules, nor does he have discretion to modify or
replace them. (Ambil, Jr., vs SB, G.R. No. 175457,
July 6, 2011)
a. Doctrine of Qualified Political Agency
(Alter-Ego Principle)
 Recognizes the establishment of a single
executive, 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
to act in person or the exigencies of the
situation demand that he act personally, the
multifarious executive and administrative
functions of the Chief Executive are performed
by and through the executive departments, and
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the acts of the Secretaries of such department
performed and promulgated in the regular
course of business are, unless disapproved or
reprobated by the Chief Executive
presumptively acts of the Chief Executive.
(DENR vs. DENR Region XII Employees, GR No.
149724, August 19, 2003)
b. Executive Departments and Offices
CONTROL – power 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 Cultural Center of the Philippines (CCP)
does not fall under the Legislative or judicial
branches of the government. The CCP is also
not one of the independent constitutional
bodies. Neither is the CCP a quasi-judicial body
nor a local government unit. Thus, the CCP
must fall under the Executive branch. Under the
Revised Administrative Code of 1987, any
agency “not placed by law or order creating
them under any specific department” falls under
the Office of the President.” Since the President
exercises control over all the “executive
departments, bureaus, and offices,” the
President necessarily exercises control over the
CCP which is an office in the Executive
Department. (Rufino vs. Endriga, G.R. No. 139554,
July 21, 2006)
Extent of the Power of Control
 The power of control of the President may
extend to the power to investigate, suspend or
remove officers and employees who belong to
the executive branch if they are presidential
appointees or do NOT belong to the classified
service for such can be justified under the
principle that the power to remove is inherent
in the power to appoint. (Ang-Angco vs. Castillo,
G.R. No. L-17169, November 30, 1963)
N.B.: GOCCs are placed under the control of the
executive when their functions “partake of the
nature of government bureaus or offices.”
SUPERVISION - power of the superior interest to
ensure that laws are faithfully executed.
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 Supervision means “overseeing, or the power or
authority of an officer to see that subordinate
officers perform their duties and to take such
action as prescribed by law to compel his
subordinates to perform his duties. (Mondano vs.
Silvosa, et al., G.R. No. 7708, May 30, 1955)
 Supervisory power, when contrasted with
control, is the power of mere oversight over an
inferior body; it does not include any restraining
authority over such body. (Taule vs. Santos, G.R.
No. 90336, August 12, 1991)
c. Local government units
 The Constitution vests the President with the
power of supervision, not control, over local
government units (LGUs). Such power enables
him to see to it that LGUs and their officials
execute their tasks in accordance with
law. While he may issue advisories and seek
their cooperation in solving economic
difficulties, he cannot prevent them from
performing their tasks and using available
resources to achieve their goals. He may not
withhold or alter any authority or power given
them by the law. (Pimentel v. Aguirre, G.R. 132988,
July 19, 2000)
 The Office of the President is without any power
to remove elected officials, since the power is
exclusively vested in the proper courts as
expressly provided for in the last paragraph of
Section 60 of the Local Government Code. It
further invalidated Article 125, Rule XIX of the
Rules and Regulations Implementing the Local
Government Code of 1991. (Pablico vs.
Villapando, G. R. No. 147870, July 31, 2002).
Military Powers
COMMANDER-IN-CHIEF CLAUSE: 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. (Sec. 18, Art. VII, 1987
Constitution)
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a. Calling-Out Power – to call-out such armed
forces to prevent or suppress lawless violence,
invasion, or rebellion.
 The Calling-Out Power is the most benign of all
powers and is solely discretionary on the part of
the President. Courts may only examine
whether it is exercised within permissible
constitutional limits. Unlike in the powers to
suspend the writ or to declare martial law, there
is no provision in the Constitution which allows
Congress to revoke or the Supreme Court to
review the sufficient of the factual basis thereof.
(Integrated Bar of the Philippines vs. Zamora, G.R.
No. 141284, August 15, 2000)
 In calling out the armed forces, a declaration of
a state of rebellion is an utter superfluity. At
most, it only gives notice to the nation that such
a state exists and that the armed forces may be
called to prevent or suppress it. The mere
declaration of a state of rebellion cannot
diminish or violate constitutionally protected
rights. Indeed, if a state of martial law does not
suspend the operation of the Constitution or
automatically suspend the privilege of the writ
habeas corpus, then it is with more reason that
a simple declaration of a state of rebellion could
not bring about these conditions. (Sanlakas vs.
Executive Secretary, G.R. No. 159085, February 3,
2004)
 The Court finds G.O. No. 5 valid. It is an Order
issued by the President – acting as Commander-
in-Chief- addressed to subalterns in the AFP to
carry out the provisions of PP 1017,
Significantly, it also provides a valid standard –
that the military and the police should take only
the “necessary and appropriate actions and
measures to suppress and prevent acts of
lawless violence.” But the words “acts of
terrorism” found in G.O. No. 5 have not been
legally defined and made punishable by
Congress and should thus be deemed deleted
from the said G.O. While “terrorism” has been
denounced generally in media, no law has been
enacted to guide the military, and eventually
the courts, to determine the limits of the AFP’s
authority in carrying out this portion of G.O. No.
5. (David vs. Arroyo, GR No. 171390, May 3, 2006)
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b. Suspension of the privilege of the writ of
habeas corpus
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 its. (Sec. 18, Article VII, 1987 Constitution).
 Applies only to persons “judicially charged” for
rebellion or offenses inherent in or directly
connected with the invasion or rebellion.
Requisites:
a. There must be an invasion or rebellion;
b. The public safety requires the suspension.
c. To impose martial law
Founded upon the principle that the state has the
right to protect itself against those who would
destroy it and has therefore been linked to the right
of the individual to self-defense. It is invoked as an
extreme measure, and rests upon the basic
principle that every state has the power of self-
preservation, a power inherent in all states,
because neither the state nor society would exist
without it.
Requisites:
a. There must be an invasion or rebellion;
b. Public safety requires the proclamation of
martial law all over the Philippines or any
part thereof.
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Limitations on the Military Powers of the
President
a. He may call out the armed forces only in
cases when it becomes necessary to prevent
or suppress lawless violence, invasion or
rebellion.
b. The grounds for the suspension of the
privilege of the writ of habeas corpus and
the proclamation of martial law are not
limited only to invasion or rebellion when the
public safety requires it.
c. The duration of such suspension or
proclamation shall not exceed 60 days
following which it shall be automatically
lifted.
d. Within 48 hours after such suspension or
proclamation, the President shall personally
or in writing, report his action to Congress.
If not in session, Congress must convene
within 24 hours without need of a call.
e. The Congress may then, by majority vote of
all its members voting jointly, revoke the
action of the President.
f. The revocation may not be set aside by the
President.
g. By majority vote of all its members voting
jointly, the Congress may, upon initiative of
the President, extend his suspension of
proclamation for a period to be determined
by Congress in the invasion or rebellion shall
continue and public safety requires the
extension.
h. The action of the President and the Congress
shall be subject to review by the Supreme
Court which shall have the authority to
determine the sufficiency of the factual basis
of such action (proclamation of martial law,
suspension of the privilege of the writ, or
extension thereof). This matter is no longer
considered a political question and may be
raised in an appropriate proceeding by any
citizen. Moreover, the Supreme Court must
decide the challenge within 30 days from the
time it is filed.
i. Martial law does not automatically suspend
the privilege of the writ of habeas corpus or
the operation of the Constitution. The civil
courts and the legislative bodies shall remain
open; Military courts and agencies are not
conferred jurisdiction over civilians.
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j. The suspension of the privilege of the writ of
habeas corpus shall apply only to persons
facing charges of rebellion or offenses
inherent in or directly connected with
invasion.
k. Any person arrested for such offenses must
be judicially charged within 3 days.
Otherwise, he shall be released.
Role of Congress when the President declares
martial law or suspends the privilege of the
writ:
a. When the President proclaims martial law or
suspends the privilege of the writ, such
proclamation or suspension shall be effective
for a period of 60 days, unless sooner
revoked by the Congress.
b. Upon such proclamation or suspension,
Congress shall convene at once. If it is not
in session, it shall convene in accordance
with its rules without need of a call within 24
hours following the proclamation or
suspension.
c. Within 48 hours from the proclamation or
the suspension, the President shall submit a
report, in person or in writing, to the
Congress (meeting in joint session of the
action he has taken).
d. The Congress shall then vote jointly, by an
absolute majority. Either:
i. To revoke such proclamation or
suspension. NOTE: When it so revokes,
the President cannot set aside (or veto)
the revocation as he normally would do
in the case of bills. If Congress does not
do anything, the measure will expire
anyway in 60 days. So the revocation
must be made before the lapse of 60
days from the date the measure was
taken.
To extend it beyond the 60-day period of
its validity. NOTE: Congress can only so
extend the proclamation or suspension
upon the initiative of the President. The
period need not be 60 days; it could be
more, as Congress would determine,
based on the persistence of the
emergency. If Congress fails to act
before the measure expires, it can no
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longer extend it until the President again recommendation from the Commission on
re-declares the measure. Elections (Sec. 5, Art. IX-C, 1987
Constitution)
If Congress extends the measure, but before the c. Can be granted only after conviction
period of extension lapses, the requirements for d. Cannot be granted in cases of legislative
the proclamation or suspension no longer exist, contempt or civil contempt
Congress can lift the extension, since the power to e. Cannot absolve the convict of civil liability
confer implies the power to take back. If Congress f. Cannot restore public offices forfeited
does not review or lift the order, this can be
reviewed by the Supreme Court. Forms of Executive Clemency

Role of the Supreme Court in declaration of a. Commutation – reduction or mitigation of the

martial law or suspension of writ of habeas penalty; remission of a part of the punishment;
corpus: The Supreme Court may review, in an substitution of less penalty than the one
appropriate proceeding filled by any citizen, the imposed.
sufficiency of the factual basis of (a) the b. Amnesty – an act of grace concurred in by the
proclamation of martial law or the suspension of legislature, usually extended to groups of
the privilege of the writ, or (b) the extension persons who committed political offense which
thereof. It must promulgate its decision thereon puts into oblivion the offense itself.
within 30 days from its filing. (Sec. 18 par. 3, Art. c. Reprieves – withholding of a sentence for an
VII, 1987 Constitution) interval of time; a postponement of the
execution.
5. Pardoning power d. Remission of fines and forfeitures–
prevents the collection of fines or the
Nature confiscation of forfeited property and it cannot
have the effect of returning properly which has
 There are certain presidential powers which been vested in third parties or money ion the
arise out of exceptional circumstances, and if public treasury.
exercised, would involve the suspension of e. Pardons – act of grace which exempts the
fundamental freedoms, or at least call for the individual on whom it is bestowed from the
supersedence of executive prerogatives over punishment which the law inflicts for the crime
those exercised by co-equal branches of he has committed.
government. The declaration of martial law, the
suspension of the writ of habeas corpus, and Pardon vs. Amnesty
the exercise of the pardoning power,
notwithstanding the judicial determination of PARDON AMNESTY
guilt of the accused, all fall within this special Presidential Private act of Public act of
class that demands the exclusive exercise by Act the President the President
the President of the constitutionally vested upon which that courts
power. The list is by no means exclusive, but there can be no may take
judicial scrutiny. judicial notice
there must be a showing that the executive
of.
power in question is of similar gravitas and
Granting Granted to one Granted to
exceptional import. (Angeles vs. Gaite G.R. No. after conviction. classes of
176596 March 23, 2011) persons or
communities
LIMITATIONS ON THE EXERCISE (Nachura, who may be
Outline Reviewer in Political Law, 2016) guily of
political
a. Cannot be granted in cases of impeachment offenses,
owing to its political nature before the
b. Cannot be granted in cases of violations of institution of
election laws without favorable criminal

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prosecution or requirements. The offender has the right to
sometimes reject it since the conditions imposed may be
after more onerous than the penalty sought to be
conviction. remitted.
Concurrence No need for the Need the
c. Plenary – extinguished all the penalties
by the concurrence of concurrence
the Congress. of the
imposed upon the offender, including
Congress accessory disabilities.
Congress.
Acceptance Acceptance is No need for d. Partial – does not extinguish all the
necessary. distice act of penalties.
acceptance. Limitations on the Exercise of the Power of
Offense Generally Addresses to Executive Clemency:
granted for political
common offenses. a. No pardon, amnesty, parole, or suspension
crimes. of sentence for violation of election laws,
Effect Looks forward Looks rules and regulations, shall be granted by
and relieve the backward and
the President without the favorable
offender from abolishes and
the puts into recommendation of the COMELEC.
consequences oblivion the b. Cannot be granted in cases of impeachment.
of an offense of offense itself, c. Can be granted only after conviction by final
which he has as if no judgment.
been convicted. offense was d. Cannot be granted in case of legislative
commited. contempt, or civil contempt.
e. Cannot absolve the convict of civil liability.
Pardon vs. Probation f. Cannot restore public office forfeited.
g. A grant of amnesty must be made with the
PARDON PROBATION concurrence of a majority of all the Members
Who Granted by the Granted by the of Congress (Article VII, Section 19)
Grants? President after courts upon due
final application. Sanctions for violation of Conditional
conviction of Pardons
the accused.
Effect Offender is Offender is not a. Arrest
relieved of the entirely rrelieved b. Re-incarceration
sentence. of the sentence
which the law
 The President can grant executive clemency in
inflicts but placed
under the legal
administrative cases, in the Executive Branch,
custody of the but NOT in the Judicial of Legislative branches
probation officer. of the government. (Llamas vs. Orbos, 202 SCRA
Offense Any act, except Penalty of the 844, October 15, 1991)
in cases of offense must not
impeachment or exceed six (6)  The constitutional provision granting the
violation of years and one (1) President the power to grant reprieves cannot
election laws. day be interpreted as denying the power of courts
imprisonment. to control the enforcement of their decisions
after their finality. For instance, a convict who
Kinds of Pardon becomes insane after his final conviction cannot
be executed while in a state of insanity. The
a. Absolute – one extended without any suspension of such a death sentence is an
strings attached. This may not be rejected exercise of judicial power. (Echegaray vs.
by the pardonee. Secretary of Justice, 301 SCRA 96, January 19, 1999)
b. Conditional – one under which the convict
is required to comply with certain
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 The “conviction by final judgment” limitation of a permanent involving
under Sec. 19, Art. VII of the Constitution character. arrangements of
prohibits the grant of pardon whether full or a more or less
conditional, to an accused during the pendency temporary
of his appeal from his conviction by the trial nature.
court. Any application therefor, if one is made,
should not be acted upon or the process toward  The role of the Senate, however, is limited only
its grant should not be begun unless the appeal to giving or withholding its consent, or
is withdrawn. Accordingly, the agencies or concurrence, to the ratification [of the treaty].
instrumentalities of the Government concerned Hence, it is within the authority of the President
must require proof from the accused that he has to refuse to submit a treaty to the Senate or,
not appealed from his conviction or that he has having secured its consent for its ratification,
withdrawn his appeal. (People of the Philippines refuse to ratify it. Although the refusal of a state
vs. Casido, G.R. No. 116512, March 7, 1997) to ratify a treaty which has been signed in its
behalf is a serious step that should not be taken
Doctrine of Non-Diminution or Non- lightly, such decision is within the competence
Impairment of the President’s Power of of the President alone, which cannot be
Pardon encroached by this Court via a writ of
mandamus. (Pimentel, Jr., et al. vs. Executive
 Any act of Congress by way of statute cannot Secretary, et al., GR No. 158088, July 6, 2005)
operate to delimit the pardoning power of the
President (Risos-Vidal vs COMELEC, G.R. No. Other Foreign Affairs Powers
206666, January 21, 2015)
a. The power to appoint ambassadors, other
6. Diplomatic power public ministers and consuls.
b. The power to receive ambassadors and
No treaty or international agreement shall be valid other public ministers duly accredited to the
and effective unless concurred in by at least two- Philippines.
thirds of all the Members of the Senate. (Sec. 21, c. Power of deportation although the
Art. VII, 1987 Constitution) Legislature may limit the substantive
grounds for such.
Treaties vs. Executive Agreements
In Bagong Alyansang Makabayan vs. Zamora (G.R.
TREATIES EXECUTIVE No. 138570, October 10, 2000), the Supreme Court
AGREEMENTS treated the Visiting Forces Agreement as a treaty
Binding Formal Become binding which required the concurrence of the Senate. In
effect documents, through this respect, as a treaty, the Philippines was bound
which require executive action to comply with it in keeping with the principles of
ratification with without need of international law. The VFA is an agreement which
the approval of a vote by the defines the treatment of United States troops.
2/3 of the Senate or
Senate. Congress. 7. Powers relative to appropriation
Nature International International measures
agreements, agreements
involving embodying No law shall be passed authorizing any transfer of
political issues adjustments of appropriations; however, the President, the
or changes of detail carrying President of the Senate, the Speaker of the House
national policy, out well of Representatives, the Chief Justice of the
and those established Supreme Court, and the heads of Constitutional
involving national policies Commissions may, by law, be authorized to
international and traditions augment any item in the general appropriations
arrangements and those
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law for their respective offices from savings in
other items of their respective appropriations. (Sec.
25[5], Art. VI, 1987 Constitution)
Authority to Use Savings in Appropriations to Cover
Deficits.—Except as otherwise provided in the
General Appropriations Act, any savings in the
regular appropriations authorized in the General
Appropriations Act for programs and projects of
any department, office or agency, may, with the
approval of the President, be used to cover a deficit
in any other item of the regular appropriations:
Provided, that the creation of new positions or
increase of salaries shall not be allowed to be
funded from budgetary savings except when
specifically authorized by law: Provided, further,
that whenever authorized positions are transferred
from one program or project to another within the
same department, office or agency, the
corresponding amounts appropriated for personal
services are also deemed transferred, without,
however increasing the total outlay for personal
services of the department, office or agency
concerned. (Sec. 39, Ch. 5, Book VI, Administrative
Code)
 Section 39 is evidently in conflict with the plain
text of Section 25(5), Article VI of the
Constitution because it allows the President to
approve the use of any savings in the regular
appropriations authorized in the GAA for
programs and projects of any department,
office or agency to cover a deficit in any other
item of the regular appropriations. As such,
Section 39 violates the mandate of Section
25(5) because the latter expressly limits the
authority of the President to augment an item
in the GAA to only those in his own Department
out of the savings in other items of his own
Department’s appropriations. Accordingly,
Section 39 cannot serve as a valid authority to
justify cross-border transfers under the DAP.
Augmentations under the DAP which are made
by the Executive within its department shall,
however, remain valid so long as the requisites
under Section 25(5) are complied with.
a. Validity of Transferring Savings between
Departments
 By providing that the President, the President of
the Senate, the Speaker of the House of
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Representatives, the Chief Justice of the
Supreme Court, and the Heads of the
Constitutional Commissions may be authorized
to augment any item in the GAA "for their
respective offices," Section 25(5), has
delineated borders between their offices, such
that funds appropriated for one office are
prohibited from crossing over to another office
even in the guise of augmentation of a deficient
item or items. Regardless of the variant
characterizations of the cross-border transfers
of funds, the plain text of Section 25(5), supra,
disallowing cross border transfers was
disobeyed. Cross-border transfers, whether as
augmentation, or as aid, were prohibited under
Section 25(5). (Araullo vs. Aquino, G.R. No.
209287, July 1, 2014)
Borrowing power (Sec. 20, Art. VII, 1987
Constitution)
The President may contract or guarantee foreign
loans on behalf of the Republic of the Philippines
with the prior concurrence of the Monetary Board,
and subject to such limitations as may be provided
by law. The Monetary Board shall, within thirty
days from the end of every quarter of the calendar
year, submit to the Congress a complete report of
its decision on applications for loans to be
contracted or guaranteed by the Government or
government-owned and controlled corporations
which would have the effect of increasing the
foreign debt, and containing other matters as may
be provided by law.
Budgetary Power (Sec. 22, Art. VII, 1987
Constitution)
The President shall submit to the Congress, within
thirty days from the opening of every regular
session as the basis of the general appropriations
bill, a budget of expenditures and sources of
financing, including receipts from existing and
proposed revenue measures.
GENERAL RULE: The President may not veto a
provision without vetoing the entire bill.
EXCEPTIONS: Selective Veto is allowed for (a)
Appropriation Bills, (b) Revenue Bills, and (c) Tariff
Bills
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 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 (sec. 27[2], Art. VI, 1987 Constitution)
8. Delegated Power
9. Veto powers
VETO POWERS OF THE PRESIDENT
a. General Veto Power – if exercised, would
result to the veto of the entire bill;
b. Item Veto/Line Veto – it allows the
exercise of the veto over a particular item in
an appropriation, revenue or tariff bill.
 The restrictive interpretation urged by
petitioners that the President may not veto a
provision without vetoing the entire bill not only
disregards the basic principle that a distinct and
severable part of a bill may be the subject of a
separate veto but also over looked the
constitutional mandate that any provision in the
general appropriations bill shall relate
specifically to some particular appropriation
therein and that any such provision shall be
limited in its operation to the appropriation to
which it relates. A provision in an Appropriations
Bill is limited in its operation to some particular
appropriation to which it relates, and does not
relate to the entire bill. (Gonzales vs. Macaraig, Jr.,
G.R. No. 82585, November 14, 1988)
 As the Constitution is explicit that the provision
which Congress can include in an appropriations
bill must relate ‘specifically to some particular
appropriation therein,’ and be ‘limited in its
operation to the appropriation to which it
relates,’ It follows that any provision which does
not relate to any particular item, or which
extends to any particular item, or which
extends in its operation beyond an item of
appropriation, is considered ‘an inappropriate
provision’ which can be vetoed separately from
an item. Also to be included in the category of
inappropriate provision are unconstitutional
provisions and provisions which are intended to
amend other laws, because clearly these kinds
of laws have no place in an appropriations bill.
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(Philippine Constitution Association vs. Enriquez, G.R.
No. 113105, August 19, 1994)
10. Residual powers
 Executive power is more than the sum of
specific powers enumerated in the
Constitution.
 Reserved powers of the President.
 Powers which are not found in the Constitution
but may be validly exercised. The duty of the
government to serve and protect the
people as well as to see the maintenance
of peace and order, the protection of life,
liberty and property, and the promotion of
general welfare is the basis of the
existence of “residual unstated powers.
(Marcos vs. Manglapus, G.R. No. 88211, October 27,
1989).
 The President upon whom executive power is
vested, has unstated residual powers which are
implied from the grant of executive power and
which are necessary for her to comply with her
duties under the Constitution. The powers of
the President are not limited to what are
expressly enumerated in the article on the
Executive Department and is scattered
provisions of the Constitution. This is so,
notwithstanding the avowed intent of the
members of the Constitutional Commission of
1986 to limit the powers of the President as a
reaction to the abuses under the regime of Mr.
Marcos, for the result was a limitation of specific
powers of the President particularly those
relating to the commander-in-chief clause, but
not a diminution of the general grant of
executive. (Marcos vs. Manglapus, G.R. No. 88211,
October 27, 1989)
 Whatever is not judicial, whatever is not
legislative, is residual power exercised by the
President. (Marcos vs. Manglapus, G.R. No. 88211,
October 27, 1989)
 The President – in the course of conducting
peace negotiations – may validly consider
implementing even those policies that require
changes to the Constitution, but she may not
unilaterally implement them without the
intervention of Congress, or act in any was as if
the assent of that body were assumed as
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certainty. (The Province of North Cotabato vs.
Government of the Republic of the Philippines Peace
Panel on Ancestral Domain, GR No. 183591, et. Al.,
October 14, 2008)
11. Executive Privilege
 It is the right of the President and high-level
executive branch officials to withhold
information from Congress, the Courts, and
ultimately, the public. (Senate vs Ermita, G.R. No.
169777, April 20, 2006)
 The necessity for withholding the information
must be such a high degree as to outweigh the
public interest in enforcing that obligation in a
particular case. (Senate vs Ermita, G.R. No.
169777, April 20, 2006)
Sec 2(a) of E.O. 464 enumerated the
following as privileged:
a. Conversations and correspondence between
the President and the public official covered
by this executive order (Chavez vs. Public
Estates Authority, G.R. No. 133250, July 9, 2002)
b. Military, diplomatic and other national
security matters which in the interest of
national security should not be divulged;
c. Information between inter-government
agencies prior to the conclusion of treaties
and executive agreements;
d. Discussion in close-door Cabinet meetings;
and
e. Matters affecting national security and public
order. (Chavez vs Philippine Commission on
Good Government, G.R. No. 130716, December
9, 1998)
12. Emergency Powers
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 by resolution of the
Congress, such powers shall cease upon the next
adjournment thereof. (Sec. 23[2], Art. VI, 1987
Constitution)
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President is granted emergency powers by
Congress subject to certain conditions:
a. There must be a war or other emergency.
b. The delegation must be for a limited period
only.
c. The delegation must be subject to such
restrictions as the Congress may prescribe.
d. The emergency powers must be exercised to
carry out a national policy declared by
Congress. (David vs. Arroyo, GR No. 171390,
May 3, 2006)
Limitation on Emergency Powers
The President does not need the authorization of
Congress before he can declare a state of national
emergency. But the exercise of emergency powers,
such as taking over of privately-owned public utility
or business affected with public interest, is a
different matter. This requires a delegation from
Congress.
Section 17, Article XII must be understood as an
aspect of the emergency powers clause. The taking
over of private business affected with public
interest is just another facet of the emergency
powers generally reposed upon Congress. Thus,
when Section 17 states that the "the State may,
during the emergency and under reasonable terms
prescribed by it, temporarily take over or direct the
operation of any privately owned public utility or
business affected with public interest," it refers to
Congress, not the President. (David vs. Arroyo, GR
No. 171390, May 3, 2006)
13. OTHER POWERS OF THE PRESIDENT:
a. Call Congress to a special session (Sec. 15,
Art. VI, 1987 Constitution)
b. Deport aliens
c. Consent to deputization
d. Discipline his/her deputies (Sec. 2[8], Art.
IX-C, 1987 Constitution)
C. RULES OF SUCCESSION
1. Vacancy at the beginning of the term
In case of death or permanent disability of the
President-elect: The Vice President elect shall
become President
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If the President-elect fails to qualify: The Vice
President-elect shall act as President until a
President shall have been chosen and qualified
If a President shall not have been chosen: The
Vice-President-elect shall act as President until a
President shall have been chosen and qualified
a. If no President and Vice President were
chosen nor shall have qualified, or both shall
have died or become permanently disabled:
The President of the Senate or, in case of his
inability, the Speaker of the House of
Representatives shall act as President until a
President or Vice President shall have been
chosen or qualified.
 In the event of inability of the official
mentioned, Congress shall, by law, provide for
the manner in which one who is to act as
President shall be selected until a President or
a Vice President shall have qualified.
2. Vacancy During the Term
Instances on Presidential Succession (where
the President is not merely Acting-
President)
a. Death
b. Permanent Disability
c. Removal from office
NOTE: The President can only be removed by
means of impeachment [Section2, Article XI,
1987 Constitution])
d. Resignation
Elements
a. There must be intent to resign; and
b. It must be coupled with acts of
relinquishment (Estrada v. Desierto, G.R. Nos.
146710-15, March 2, 2001)
 The validity of resignation is not governed by
any formal requirement as to form. It can be
oral. It can be written. It can be express. It can
be implied. As long as the resignation is clear, it
must be given legal effect. (Estrada v. Desierto,
G.R. Nos. 146710-15, March 2, 2001)
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TOTALITY OF CIRCUMSTANCES TEST AND
CONSTRUCTIVE RESIGNATION (Estrada vs.
Desierto, G.R. Nos. 146710-15, March 2, 2001)
Estrada did not write any formal letter of
resignation before leaving Malacañang. His
resignation has to be determined from his acts and
omissions, before, during and after January 20,
2001, or by the totality of prior contemporaneous
and posterior facts and circumstantial evidence
bearing a material relevance on the issue. And
using the totality test, the President resigned. It
was confirmed by his leaving Malacañang. In the
press release containing his final statement:
a. He acknowledged the oath-taking of the
respondent as President of the Republic
albeit with reservation about its legality;
b. He emphasized he was leaving the Palace
the seat of the presidency for the sake of
peace and in order to begin the healing
process of our nation. He did not say he was
leaving the Palace due to any kind inability
and that he was going to re-assume the
presidency as soon as the disability
disappears;
c. He expressed his gratitude to the people for
the opportunity to serve them. Without
doubt, he was referring to the past
opportunity given him to serve the people as
President;
d. He assured that he will not shirk from any
future challenge that may come ahead in the
same service of our country. Petitioner’s
reference is to a future challenge after
occupying the office of the President which
he has given up; and
e. He called on his supporters to join him in the
promotion of a constructive national spirit of
reconciliation and solidarity. Certainly, the
national spirit of conciliation and solidarity
could not be attained if he did not give up
the presidency.
The press release was petitioner’s valedictory, his
final act of farewell. His presidency is now in the
past tense. In case of death, permanent disability,
removal from office, or resignation of the
President, the Vice President shall become the
President.
3. Temporary disability
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Ways by which the inability of the President to
discharge functions may be made known or
determined:
a. By a written declaration made by the
President himself as to his inability.
b. By a written declaration by the Cabinet that
the President is unable to discharge the
functions of his office.
c. In the event of disagreement between the
President and the Cabinet, by a finding of
Congress by 2/3 vote that the President is
disabled.
NOTE: In all these cases, the President takes a
“leave of absence” and the Vice-President
temporarily acts as the President.
 Despite receipt of the letter from the President
that he is merely “on leave”, the House of
Representatives passed, on January 24, 2001,
House Resolution No. 176 which expresses
support for the assumption into office of
President Gloria Macapagal-Arroyo. Later both
Houses confirmed the nomination of Teofisto
Guingona as Vice-President. Bills were then sent
to the President by Congress which she had
signed. Congress, as a co-equal branch of
government, has recognized Arroyo as de jure
President and not merely as Acting President.
(Estrada v. Arroyo, G.R. No. 146738, March 2, 2001)
4. Serious Illness of the President (Art. VII, Sec.
12)
Under Section 12, the serious illness does not result
to vacancy because the Cabinet members in charge
of national security and foreign relations can still
access the President. Its purpose is to allow the
President to make important decisions.
VICE PRESIDENT
The Vice President shall have the same
qualifications and term of office as the President.
He may be removed from office in the same
manner as the President. (Sec. 3, Art. VII, 1987
Constitution)
The Vice President has essentially no executive
function except as a reserved President unless he
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is appointed as a Cabinet member or given an
executive function. His appointment as
Department Head does not need the consent of the
Commission on Appointments in deference to his
office.
In case of vacancy, the President shall nominate a
Vice President from among the members of the
Senate and the House of Representatives who shall
assume office upon confirmation by a majority vote
of all the Members of both House of Congress
voting separately. (Sec. 9, Art. VII, 1987 Constitution)
The appointment of the Vice President as Chairman
of the Presidential Anti-Crime Commission was not
an appointment to a Cabinet position nor to a
position constituting an intimate element of his
duties as Vice –president. But the appointment’s
validity was never challenged. The only possible
explanation for the tolerance of the situation must
be the assumption that the prohibition is meant to
prevent the enhancement of the powers of one
who is already powerful or busy with other duties.
The Vice President, by nature of his office, is
neither powerful nor busy. (Bernas, The 1987
Constitution of the Philippines A Commentary, 1987)
V. JUDICIAL DEPARTMENT
A. CONCEPTS
1. Judicial Power
Judicial power is vested in one Supreme Court and
in such lower courts as may be established by law.
(Sec. 1, Art. VIII, 1987 Constitution)
Duty of the courts of justice (Adjudicatory
Power)
a. Adjudicatory Powers: To settle actual
controversies involving rights which are
legally demandable and enforceable.
b. Expanded Power of Judicial review: 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
(Sec. 1[2], Art. VIII, 1987 Constitution).
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 This second paragraph effectively limits the
“Political Question” area that, heretofore, was
forbidden territory for the courts. This is an
added provision in the 1987 Constitution which
broadens the scope of judicial power.
Scope of Judicial Power
a. Adjudicatory Power
b. Power of Judicial Review
c. Incidental Powers – those which are
necessary to the effective discharge of the
judicial functions such as: power to punish
persons adjudged in contempt and power to
issue restraining orders or prohibition and
injunction in aid of power of judicial review.
 However, it should be made clear that any
conduct of media, or any other party for that
matter, which tends to, directly or indirectly,
impede, obstruct or degrade the administration
of justice, is subject to the contempt powers of
the courts. The courts should and will not
hesitate to use this power when acts inimical to
the speedy and impartial dispensation of justice
are committed. (People vs. Flores, G.R. Nos.
111009-12, December 8, 1994)
Basis of the Court’s Contempt Power
(Cabansag vs. Fernandez, G.R. No. L-8974 October 18,
1957)
“We agree that that courts have the power to
preserve their integrity and maintain their dignity
without which their administration of justice is
bound to falter or fail. This is the preservative
power to punish for contempt (Rule 64, Rules of
Court). This power is inherent in all courts and
essential to their right of self-preservation. In order
that it may conduct its business unhampered by
publications which tends to impair the impartiality
of its decisions or otherwise obstruct the
administration of justice, the court will not hesitate
to exercise it regardless of who is affected. For, "as
important as is the maintenance of unmuzzled
press and the free exercise of the rights of the
citizen is the maintenance of the independence of
the judiciary". The reason for this is that respect of
the courts guarantees the stability of their
institution. Without such said institution would be
resting on a very shaky foundation.”
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“No less important is the ruling on the power of the
court to punish for contempt in relation to the
freedom of speech and press. We quote; "Freedom
of speech and press should not be impaired
through the exercise of the punishment for
contempt of court unless there is no doubt that the
utterances in question are a serious and imminent
threat to the administration of justice. A judge may
hold in contempt one who ventures to publish
anything that tends to make him unpopular or to
belittle him. The vehemence of the language used
in newspaper publications concerning a judge's
decision is not alone the measure of the power to
punish for contempt. The fires which it kindles
must constitute an imminent not merely a likely,
threat to the administration of justice.”
FISCAL AUTONOMY – freedom from outside
control. Pursuant to the Constitutional mandate,
the Judiciary must enjoy freedom in the disposition
of the funds allocated to it in the appropriations
law. It knows its priorities just as it is aware of the
fiscal restraints. The Chief Justice must be given a
free hand on how to augment appropriations
where augmentation is needed. (Bengzon vs Drilon,
G.R. No. 103524, April 15, 1992)
Appropriations for the Judiciary may not be
reduced by the legislature below the amount
appropriated for the previous year and, after
approval, shall be automatically and regularly
released. (Sec. 3, Art. VIII, 1987 Constitution)
The fiscal autonomy pf the Judiciary guaranteed by
the Constitution recognized the authority of the
Supreme Court to levy, assess, and collect fees.
Congress cannot amend the rules promulgated by
the Supreme Court for the payment of legal fees
by granting exemptions (In Re: Exemption from
Payment of Court and Sheriff’s Fees of Duly Registered
Cooperatives, A.M. No. 12-2-03-0, March 12, 2012).
2. Judicial Review
 It is the power of the courts, ultimately the
Supreme Court, to interpret the Constitution
and to declare any legislative or executive act
invalid because it is in conflict with the
fundamental law. (Biraogo vs Truth Commission,
G.R. No. 192935 and 193036, December 7, 2010)
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 Thus, the Court, in exercising its power of
judicial review, is not imposing its own will upon
a co-equal body but rather simply making sure
that any act of government is done in
consonance with the authorities and rights
allocated to it by the Constitution. And, if after
said review, the Court finds no constitutional
violations of any sort, then, it has no more
authority of proscribing the actions under
review. Otherwise, the Court will not be
deterred to pronounce said act as void and
unconstitutional. The Court cannot just turn a
blind eye and simply let it pass. It will continue
to uphold the Constitution and its enshrined
principles. The Constitution must ever remain
supreme. All must bow to the mandate of this
law. Expediency must not be allowed to sap its
strength nor greed for power debase its
rectitude. (Biraogo vs. Truth Commission, G.R. No.
192935, December 7, 2010)
Requirements of the exercise of Judicial
Review
 It is a rule firmly entrenched in our
jurisprudence that the constitutionality of an act
of the legislature will not be determined by the
courts unless that, question is properly raised
and presented in appropriate cases and is
necessary to a determination of the case, i.e.,
the issue of constitutionality must be very lis
mota presented. (Macasiano vs NHA, G.R. No.
107921 July 1, 1993)
REQUISITES FOR JUDICIAL REVIEW
a. There must be an actual case or controversy
calling for the exercise of judicial power.
 There can be no justiciable controversy
involving the constitutionality of a proposed bill.
The Court can exercise its power of judicial
review only after a law is enacted, not before.
(In the Matter Of: Save The Supreme Court Judicial
Independence And Fiscal Autonomy Movement vs
Abolition Of Judiciary Development Fund And
Reduction Of Fiscal Autonomy, UDK-15143, January
21, 2015)
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b. Direct Injury Test: The person challenging
the act must have the standing to question
the validity of the subject act or issuance.
LOCUS STANDI (LEGAL STANDING) – a
personal and substantial interest in a case such
that the party has sustained or will sustain direct
injury as a result of the governmental act that is
being challenged. (Galicto v Aquino, et al G.R. No,
193978, February 28, 2012)
Elements:
a. Petitioner must have suffered some actual or
threatened injury which can be legal, economic, or
environmental;
b. The injury is fairly traceable to the
challenged action; and
c. The injury is likely to be redressed by a
favorable action (Telecommunications and
Broadcast Attorneys of the Philippines vs
COMELEC, G.R. No. 132922, April 21, 1998)
Rules on the Liberal Approach on Locus
Standi:
a. Taxpayer Standing – there must be claim of
illegal disbursement of public funds or that the
tax measure is unconstitutional.
b. Citizen Standing – the interest must be direct
and personal. The person complaining must
show that he has been or is about to be denied
of some right or privilege to which he is lawfully
entitled. However, when the proceeding
involves the assertion of a public right, the mere
fact that he is a citizen satisfies the requirement
of personal interest.
c. Legislative Standing – there must be a claim
that official action complained of infringes the
powers and privilege vested by the Constitution
in his office.
AS-APPLIED CHALLENGE – a party can question
the validity of a statute only if, as applied to him, it
is unconstitutional.
FACIAL CHALLENGE – permits a party to
challenge the validity of a statute even though, as
applied to him, it is not unconstitutional, but it
might be if applied to others not before the court
whose activities are constitutionally protected.
Invalidation of the statute “on its face,” rather than
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“as applied,” is permitted in the interest of
preventing a “chilling effect” on freedom of
expression.
VOID-FOR-VAGUENESS DOCTRINE – a statute
or act suffers from the defect of vagueness when
it lacks comprehensible standards that men of
common intelligence must necessarily guess at its
meaning and differ as to its application. It is
repugnant to the Constitution in two respects: (1)
it violates due process for failure to accord persons,
especially the parties targeted by it, fair notice of
the conduct to avoid; and (2) it leaves law
enforcers unbridled discretion in carrying out its
provisions and becomes an arbitrary flexing of the
Government muscle.
OVERBREADTH DOCTRINE – decrees that a
governmental purpose to control or prevent
activities constitutionally subject to state
regulations may not be achieved by means which
sweep unnecessarily broadly and thereby invade
the area of protected freedoms. As distinguished
from the vagueness doctrine, the overbreadth
doctrine assumes that individuals will understand
what a statute prohibits and will accordingly refrain
from that behavior, even though some of it is
protected.
a. The question of constitutionality must be
raised at the earliest opportunity.
b. The issue of constitutionality must be the
very lis mota of the case.(LAMP vs. Secretary
of Budget and Management, G.R. No. 164987,
April 24, 2012)
 The controversy must be justiciable, definite
and concrete, touching on the legal relations of
parties having adverse legal interests. In other
words, the pleadings must show an active
antagonistic assertion of a legal right, on the
one hand, and a denial thereof on the other
hand; that is, it must concern a real and not
merely a theoretical question or issue. There
ought to be an actual and substantial
controversy admitting of specific relief through
a decree conclusive in nature, as distinguished
from an opinion advising what the law would be
upon a hypothetical state of facts. (Information
Technology Foundation of the Philippines vs.
Commission on Elections, G.R. No. 159139, June 15,
2005).
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a. Operative Fact Doctrine
OPERATIVE FACT DOCTRINE – the law is
recognized as unconstitutional but the effects of
the unconstitutional law, prior to its declaration of
nullity, may be left undisturbed as a matter of
equity and fair play. This is a rule of equity. As
such, it must be applied as an exception to the
general rule that an unconstitutional law produces
no effects. It can never be invoked to validate as
constitutional an unconstitutional act. It affects or
modifies only the effects of the unconstitutional
law, not the unconstitutional law itself. (League of
Cities of the Philippines vs Commission on Elections, G.R.
No. 176951, 177499, and 178056, August 24, 2010)
 The actual existence of a statute, prior to such
a determination [of unconstitutionality], is an
operative fact and may have consequences
which cannot justly be ignored. The past cannot
always be erased by a new judicial declaration.
The effect of the subsequent ruling as to
invalidity may have to be considered in various
aspects, with respect to particular relations,
individual and corporate, and particular
conduct, private and official.
b. Moot Questions
GENERAL RULE: The issues raised in the case
must not be moot and academic, or because of
subsequent developments have become moot and
academic.
 A case becomes moot and academic when there
is no more actual controversy between the
parties or no useful purposes can be served in
passing upon the merits. (Ocampo vs. House of
Representatives Electoral Tribunal, et al., GR No.
158466, June 15, 2004)
EXCEPTIONS:
a. There is grave violation of the Constitution.
b. The exceptional character of the situation
and paramount public interest in involved.
c. Symbolic Function: When constitutional
issue raised requires formulation of
controlling principles to guide the bench, the
bar, and the public.
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d. The question is capable of repetition and “whether or not
evasive of review (David vs. Macapagal-Arroyo, there has been
G.R. No. 171396, May 3, 2006) a grave abuse
of discretion
c. Political Question Doctrine amounting to
lack or excess
of jurisdiction
Distinction between Justiciable and Political on the part of
Questions the official
whose action is
JUSTICIABLE POLITICAL being
QUESTION QUESTION questioned”
Definition A definite and It means a (Integrated Bar
concrete dispute ‘question of of the
touching on the policy’ it refers Philippines vs.
legal relations of to “those Hon. Ronaldo
parties having questions B. Zamora,
adverse legal which, under G.R. No.
interests which the 141284,
may be resolved Constitution, August 15,
by a court of law are to be 2000)
through the decided by the
application of a people in their Test whether the question is political or
law. (Cutaran vs. sovereign
justiciable: In our jurisdiction, the determination
DENR, 350 SCRA capacity, or in
of a truly political question from a non-justiciable
697, January 31, regard to which
2001) full political question lies in the answer to the question
discretionary “whether there are constitutionality imposed limits
authority has on powers or functions conferred upon political
been delegated bodies.” If there are, then our courts are duty-
to the bound to examine whether the branch or
Legislature or instrumentality of the government properly acted
executive within such limits. (Francisco Jr. vs. House of
branch of the Representatives, G.R. No. 160261, November 10, 2003)
Government”
(Tañada vs.
 The intrinsic constitutionality of the "Pork Barrel
Cuenco, G.R.
No L-10520, System" is not an issue dependent upon the
February 28, wisdom of the political branches of government
1957) but rather a legal one which the Constitution
Assumption It is a matter The Court does itself has commanded the Court to act upon.
of a court of appropriate for not Scrutinizing the contours of the system along
law court review. It automatically constitutional lines is a task that the political
pertains to issues assume branches of government are incapable of
which are jurisdiction rendering precisely because it is an exercise of
inherently over actual
judicial power. More importantly, the present
susceptible of constitutional
being decided on cases brought Constitution has not only vested the Judiciary
grounds before it even the right to exercise judicial power but
recognized by in instances essentially makes it a duty to proceed
law (Integrated that are ripe for therewith. Section 1, Article VIII of the 1987
Bar of the resolution. The Constitution cannot be any clearer. (Belgica et al.
Philippines vs. grant of power vs. Executive Secretary, G.R. Nos. 208566, 208493,
Hon. Ronaldo B. is qualified, and 209251, November 19, 201)
Zamora, G.R. No. conditional and
141284, August subject to  It must also be borne in mind that when the
15, 2000) limitation as to judiciary mediates to allocate constitutional
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boundaries, it does not assert any superiority
over the other departments; does not in reality
nullify or invalidate an act of the legislature or
the executive, but only asserts the solemn and
sacred obligation assigned to it by the
Constitution." To a great extent, the Court is
laudably cognizant of the reforms undertaken
by its co-equal branches of government. But it
is by constitutional force that the Court must
faithfully perform its duty. Ultimately, it is the
Court‘s avowed intention that a resolution of
these cases would not arrest or in any manner
impede the endeavors of the two other
branches but, in fact, help ensure that the
pillars of change are erected on firm
constitutional grounds. After all, it is in the best
interest of the people that each great branch of
government, within its own sphere, contributes
its share towards achieving a holistic and
genuine solution to the problems of society. For
all these reasons, the Court cannot heed
respondents’ plea for judicial restraint. (Belgica
et al. vs. Executive Secretary, G.R. Nos. 208566,
208493, and 209251, November 19, 201)
B. SAFEGUARDS OF JUDICIAL
INDEPENDENCE
a. The Supreme Court is a constitutional body.
It may not be abolished by legislature.
b. The members of the Supreme Court are
removable only by impeachment.
NOTE: In the recent case of Republic of the
Philippines vs. Sereno (G.R. No. 237428, May 11,
2018), the Supreme Court, through Justice Tijam,
said that “impeachment is not an exclusive remedy
by which an invalidly appointed or invalidly elected
impeachable official may be removed from office.”
(N.B.: The aforementioned case is not included in
the 2018 Bar Syllabus for Political Law.)
 Furthermore, the language of Section 2, Article
XI of the Constitution does not foreclose a quo
warranto action against impeachable officers:
“[T]he Members of the Supreme Court, the
Members of the Constitutional Commissions,
and the Ombudsman may be removed from
office ...” The provision uses the permissive
term “may” which, in statutory construction,
denotes discretion and cannot be construed as
having a mandatory effect. An option to remove
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by impeachment admits of an alternativemode
of effecting the removal. (Republic of the
Philippines vs. Sereno, G.R. No. 237428, May 11,
2018)
c. The Supreme Court may not be deprived of
minimum original and appellate jurisdiction.
Appellate jurisdiction may not be increased
without its advice and concurrence.
d. Appointees to the Judiciary are nominated
by the Judicial and Bar Council and are not
subject to confirmation by the Commission
on Appointments.
e. The Supreme Court has administrative
supervision over all inferior courts and
personnel.
f. The Supreme Court has the exclusive power
to discipline judges/justices of inferior
courts.
g. Members of the Judiciary have security of
tenure, which cannot be undermined by a
law reorganizing the Judiciary.
h. The members of the Judiciary may not be
designated to any agency performing quasi-
judicial or administrative functions.
i. The Judiciary enjoys fiscal autonomy;
salaries of judges may not be reduced.
j. The Supreme Court alone may promulgate
Rules of Court
k. Congress can no longer enact any law
governing rules of procedure for the courts.
(Echegaray v. Secretary of Justice, G.R. No.
132601, January 19, 1999)
l. The Supreme Court alone may order
temporary detail of judges.
m. The Supreme Court can appoint all officials
and employees of the Judiciary.
C. JUDICIAL RESTRAINT
Issue raised at the earliest opportunity:
Constitutional question should be raised at the
earliest opportunity, such that if not raised in
pleadings, it may not be raised at the trial, if not
raised in trial court, it will not be considered on
appeal.
GENERAL RULE: The question must be raised at
the earliest opportunity.
EXCEPTIONS:
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a. In criminal cases, the question can be raised
at any time at the discretion of the court.
b. In civil cases, the question can be raised at
any stage of the proceedings if necessary for
the determination of the case itself.
c. In every case, except where there is an
estoppel, it can be raised at any stage if it
involves the jurisdiction of the court. (People
of the Philippines vs. Vera, G.R. No. L-45685,
November 16, 1937)
The decision on the constitutional question
must be determinative of the case itself:
Courts will not touch the issue of constitutionality
unless it is truly unavoidable and is very lis mota or
crux of controversy.
 The courts indulge the presumption of
constitutionality and go by the maxim that “to
doubt is to sustain.” The theory is that, as the
joint act of the legislative and executive
authorities, a law supposed to have been
carefully studied and determined to be
constitutional before it was finally enacted.
(Cordillera Board Coalition vs. Commission on Audit,
G.R. No. 79956, January 29, 1990)
 Courts will not pass upon a question of
constitutionality, although properly presented,
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if the case can be disposed of on some other
ground, such as the application of the statute
or the general law. (Ty vs. Trampe, G.R. No.
117577, December 1, 1995)
MANDTORY NOTICE TO THE SOLICITOR
GENERAL: It is not proper for trial court to rule on
the validity of a statute, executive order or
regulation without complying with Sec. 3 of Rule
64 of the Rule of Court which provides: “In any
action which involves the validity of a statute, or
executive order or regulation, the Solicitor General
shall be notified by the party attacking the statute,
executive order or regulation, and shall be entitles
to be heard upon such question.”
 Even in cases where it is an interested party,
the Supreme Court under our system of
government cannot inhibit itself and must rule
upon the challenge because no other office has
the authority to do so. The possibility of the
occurrence of a constitutional crisis is not a
reason for the Supreme Court to refrain from
upholding the Constitution in all impeachment
cases. Justices cannot abandon their
constitutional duties just because their action
may start, if not precipitate, a crisis. (Francisco,
Jr. vs. House of Representatives, G.R. No.
160261, November 10, , 2003)

D. APPOINTMENTS TO THE JUDICIARY

Qualifications: Of proven competence, integrity, probity and independence. In addition:

SUPREME COURT COURT OF APPEALS REGIONAL TRIAL METROPOLITAN TRIAL

COURT COURT, MUNICIPAL
TRIAL COURT,
MUNICIPAL CIRCUIT
TRIAL COURT
Natural born citizen of the Philippines
A judge of a lower court of A judge of a lower court of Has been engaged in the Has been engaged in the
engaged in the practice of engaged in the practice of practice of law in the practice of law in the
law in the Philippines for 15 law in the Philippines for 15 Philippines or has held a Philippines or has held a
years or more. years or more.* public office in the public office in the
Philippines requiring Philippines requiring
*Same qualifications as admission to the practice of admission to the practice of
provided in the 1987 law as an indispensable law as an indispensable
Constitution for Justices of requisite for at least 10 requisite for at least 5 years.
the Supreme Court. (Sec. 7, years.
Ch. 1, B.P. Blg. 129)
At least 40 years of age At least 35 years of age At least 30 years of age

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Procedure for Appointment
1. Appointed by the President of the Philippines
from among a list of at least three nominees
prepared by the Judicial and Bar Council for
every vacancy.
2. For lower courts, the President shall issue
the appointment within ninety days from
submission of the list.
NOTE: Relate this to the constitutional limitation
against midnight appointments (Art. VIII, Sec. 15),
which provides that two months immediately
before the next presidential elections and up to the
end of his term, a President or acting President
shall not make appointments except temporary
appointments to executive positions when
continued vacancies therein will prejudice public
service or endanger public safety.
Overturned ruling by the Court states that
“During this period (of prohibition), the President is
not required to make appointments to the courts
nor allowed to do so. While the filling up of
vacancies in the Judiciary is in the public interest,
there is no showing in this case of any compelling
reason to justify the making of the appointments
during the period of the ban.”(In Re: Mateo
Valenzuela, AM No. 98-5-01-SC, November 9, 1998)
Reversing Valenzuela, the SC held that the
prohibition in Sec. 15, Art. VII is confined to
appointments made in the Executive Department.
The framers did not need to extend the prohibition
to appointments in the Judiciary, because their
establishment of the JBC and their subjecting the
nomination and screening of candidates for judicial
positions to the unhurried and deliberate prior
process of the JBC ensured that there would no
longer be midnight appointments to the Judiciary.
Also, the intervention of the JBC eliminates the
danger that appointments to the Judiciary can be
made for the purpose of buying votes in a coming
presidential election, or of satisfying partisan
considerations. The experience from the time of
the establishment of the JBC shows that even
candidates for judicial positions at any level backed
by people influential with the President could not
always be assured of being recommended for the
consideration of the President, because they first
had to undergo the vetting of the JBC and pass
muster there. Indeed, the creation of the JBC was
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precisely intended to de-politicize the Judiciary by
doing away with the intervention of the
Commission on Appointments. (De Castro vs. Judicial
Bar Council, G. R. No. 191002, March 17, 2010)
1. Judicial and Bar Council (Sec. 8, Article VIII,
1987 Constitution)
Principal Function: Recommend appointees to
the Judiciary. It may exercise such other functions
and duties as the SC may assign to it.
Composition:
a. Chief Justice as ex officio Chairman
b. Secretary of Justice
c. Representative of the Congress as ex officio
Member
d. Representative of the Integrated Bar
e. Professor of law
f. Retired Member of the Supreme Court
g. Representative of the private sector
Supervision: Supreme Court. It shall also provide
in its annual budget the appropriations for the
Council.
Tenure of office of members of the judiciary
a. Retirement Age – The members of the SC and
the judges of lower courts shall hold office
during good behavior until they reach the age
of 70 years or become incapacitated, physically
or mentally, to discharge the duties of their
office. (Sec. 11, Art. VIII, 1987 Constitution)
b. Termination of right to hold office –
Impeachment for members of the SC; Congress’
power to prescribe procedure and causes for
removal of judges in the lower courts.
E. SUPREME COURT
1. En Banc and Division Cases
Cases that are heard En Banc:
a. Cases involving the constitutionality of a
treaty, international or executive agreement,
executive orders, presidential decrees,
proclamations, orders, instructions,
ordinances, and other regulations (Sec. 4[2],
Art. VIII, 1987 Constitution).
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b. Criminal cases in which the appealed
decision imposes the death penalty.
c. Cases raising novel questions of law
(Firestone Ceramics vs. Court of Appeals, 334
SCRA 465, June 28, 2000).
d. Cases involving ambassadors, other public
minister and consuls (Firestone Ceramics vs.
Court of Appeals, 334 SCRA 465, June 28, 2000).
e. Cases or matters heard by a division where
the required number of votes to decide or
resolve is not met (Sec. 4[3], Art. VIII, 1987
Constitution).
f. Cases intended to modify or reverse a
doctrine or principle of law laid down by the
court in a decision rendered en banc or in
division (Sec. 4[3], Art. VIII, 1987 Constitution).
g. Administrative disciplinary cases involving
dismissal or judges of lower courts, officer or
employee of the judiciary, disbarment of a
lawyer, or order the suspension of them for
a period of more than one (1) year or a fine
exceeding P 10,000 or both (Sec. 11, Art. VIII,
1987 Constitution).
h. Actions instituted by citizens to test the
validity of a proclamation of martial law or
suspension of the privilege of the writ (Sec.
18, Art. VIII, 1987 Constitution).
i. Election contests for President or Vice
President. (Sec. 4[7], Art. VII, 1987
Constitution).
j. Cases assigned to a division which in the
opinion of at least three (3) members
thereof merit the attention of the court
sitting en banc and are acceptable to a
majority of the actual membership of the
court sitting en banc (Firestone Ceramics vs.
Court of Appeals, 334 SCRA 465, June 28, 2000)
k. All other cases as the court en banc by a
majority of its actual membership may deem
of sufficient importance to merit its
attention.
2. Procedural Rule Making
RULE-MAKING POWER – promulgates rules
concerning (1) Protection and enforcement of
constitutional rights, (2) Pleading, practice and
procedure in all courts, (3) Admissions to the
practice of law, (4) The Integrated Bar of the
Philippines, and (5) Legal assistance to the
underprivileged.
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Limitations on rule making power
a. Provide a simplified and inexpensive
procedure for speedy disposition of cases
b. Uniform for all courts in the same grade
c. Shall not diminish, increase or modify
substantive rights
3. Administrative supervision over lower
courts
Mere division of the SC may discipline a judge of
the lower courts, including justices of the CA and
the Sandiganbayan; the SC is required to decide a
case en banc only when the dismissal of a judge is
involved. 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, it can order
their dismissal. (Sec. 11, Art. VIII, 1987 Constitution)
 The Ombudsman may not initiate or investigate
a criminal or administrative complaint before his
office against a judge, he must first indorse the
case to the Supreme Court for appropriate
action. (Fuentes vs. Office of the Ombudsman-
Mindanao, G.R. No. 124295, October 23, 2001)
 In the absence of any administrative action
taken against the RTC Judge by the Supreme
Court with regard to the former’s certificate of
service, the investigation conducted by the
Ombudsman encroaches upon the Supreme
Court’s power of administrative supervision over
all courts and its personnel, in violation of the
doctrine of separation of powers. (Maceda vs.
Vasquez, 221 SCRA 464, April 22, 1993)
4. Original and Appellate Jurisdiction
Powers of the Supreme Court (Sec. 5, Art. VIII,
1987 Constitution)
a. Exercise original jurisdiction over cases
affecting ambassadors, public ministers and
consuls, petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas
corpus
b. 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:
i. All cases in which the constitutionality or
validity of any treaty, international or
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executive agreement, law, presidential 1. Court of Appeals
decree, proclamation, order, instruction, 2. Sandiganbayan
ordinance, or regulation is in question.
ii. All cases involving the legality of any tax, Appellate Jurisdiction
impost, assessment, or toll, or any
penalty imposed in relation thereto. a. CIVIL:
iii. All cases in which the jurisdiction of any 1. Appeal by petition for review on
lower court is in issue. certiorari:
iv. All criminal cases in which the penalty i. Appeals from the CA;
imposed is reclusion perpetua or higher. ii. Appeals from the CTA;
v. All cases in which only an error or iii. Appeals from RTC exercising original
question of law is involved. jurisdiction
2. If no question of fact is involved and the
c. Assign temporarily judges of lower courts to case involves:
other stations as public interest may require. i. Constitutionality or validity of treaty,
Such temporary assignment shall not exceed international or executive agreement,
six months without the consent of the judge law, presidential decree,
concerned. proclamation, order, instruction,
d. Order a change of venue or place of trial to ordinance or regulation
avoid a miscarriage of justice. ii. Legality of tax, impost, assessments,
e. Promulgate rules concerning the protection or toll, or penalty in relation thereto
and enforcement of constitutional rights, iii. Cases in which jurisdiction of lower
pleading, practice, and procedure in all court is in issue
courts, the admission to the practice of law, 3. All cases in which only errors or questions of
the integrated bar, and legal assistance to law are involved.
the under-privileged. Such rules shall 4. Special civil action of certiorari – filed within
provide a simplified and inexpensive 30 days against the Commission on Elections
procedure for the speedy disposition of or Commission on Audit.
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- b. CRIMINAL:
judicial bodies shall remain effective unless
disapproved by the Supreme Court. a. All criminal cases involving offenses from
f. Appoint all officials and employees of the which the penalty is reclusion perpetua or
Judiciary in accordance with the Civil Service life imprisonment and those involving other
Law. offenses, which although not so punished
arose out of the same occurrence or which
Exclusive Original Jurisdiction may have been committed by the accused
on the same occasion.
a. CIVIL: Petitions for issuance of writs of
certiorari, prohibition and mandamus NOTE: In criminal cases, when the penalty
against the following: imposed is life imprisonment or reclusion perpetua,
1. Court of Appeals appeal is automatic to the CA. (A.M. No. 04-9-05-SC;
2. Commission on Elections En Banc People v. Mateo y Garcia, G.R. No. 147678-87, July 7,
3. Commission on Audit 2004)
4. Sandiganbayan
b. Criminal cases in which the death penalty is
b. CRIMINAL: Petitions for issuance of writs of imposed by the Sandiganbayan.
certiorari, prohibition and mandamus c. Appeals from the CA.
against the following: d. Appeals from the Sandiganbayan.

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e. Appeals from RTC in which only errors or
questions of law are involved.
NOTE: Relate this to the Constitutional Prohibition
on increasing the appellate jurisdiction of the SC
without its advice and concurrence.
 Sec. 27 of Republic Act No. 6770 (Ombudsman
Act of 1989) which authorizes appeal via a
petition for certiorari from decisions of the
Office of the Ombudsman in administrative
disciplinary cases to the Supreme Court was
held to be unconstitutional for being violative of
Section 30, Article VI of the Constitution which
provides that no law shall be passed increasing
the appellate jurisdiction of the Supreme Court
as provided in this Constitution without its
advice and concurrence. (Fabian vs. Desierto,
G.R. No. 129742, September 16, 1998)
VI. CONSTITUTIONAL COMMISSIONS
CIVIL SERVICE
COMMISSION
Composition 1 Chairman
2 Commissioners
Qualifications a. Natural born
citizens;
b. At least 35 years
at the time of the
appointment;
c. With proven
capacity for
public
administration;
and
d. Not candidates
for any elective
position in the
election
immediately
preceding
appointment
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 The second paragraph of Sec. 14, RA 6770
which provides that no appeal or application for
remedy may be heard against the decision or
findings of the Ombudsman, with the exception
of the Supreme Court on pure questions of law
was also held to be unconstitutional. Congress
cannot interfere with matters of procedure;
hence, it cannot alter the scope of a Rule 45
appeal so as to apply to interlocutory "findings"
issued by the Ombudsman. Since the second
paragraph of Section 14, RA 6770 limits the
remedy against "decision or findings" of the
Ombudsman to a Rule 45 appeal and thus -
similar to the fourth paragraph of Section 27,
RA 6770 - attempts to effectively increase the
Supreme Court's appellate jurisdiction without
its advice and concurrence, it is therefore
concluded that the former provision is also
unconstitutional and perforce, invalid. (Morales
vs. Court of Appeals, G.R. Nos. 217126-27,
November 10, 2015)
COMMISSION ON COMMISSION ON
ELECTIONS AUIDIT
1 Chairman 1 Chairman
6 Commissioners 2 Commissioners
a. Natural born a. Natural born
citizens; citizens;
b. At least 35 years b. At least 35 years
at the time of at the time of the
the appointment;
appointment; c. Certified Public
c. Holders of Accountant with
College at least 10 years
Degrees; and of auditing
d. Not candidates experience or a
for any elective lawyer who
position in the practiced law for
election at least 10 years;
immediately
preceding N.B.: At no time shall all
appointment Members of the
Commission belong to
N.B.: Majority, including the same profession
the Chairman, must be
members of the d. Not candidates
Philippine Bar and for any elective
practiced law for at least position in the
10 years. election
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immediately
preceding
appointment
Appointments Needs the confirmation of the Commission on Appointments
Disqualifications Same as President and Vice President (under Art. VII of the 1987 Constitution)
and members of the Congress (under Art. VI of the 1987 Constitution)

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A. CONSTITUTIONAL SAFEGUARDS TO ENSUE INDEPENDENCE OF COMMISSION
PURPLE NOTES
a. They are constitutionally created and may not be abolished by statute. PURPLE NOTES
b. Each is expressly described as “independent.”
c. Each is conferred certain powers and functions which cannot be reduced by statute.
d. The Chairmen and members cannot be
e.
removed except by impeachment.

f. The Chairmen and members are given a fairly long term of office of seven years.
g. The Chairmen and members may not be reappointed or appointed in an acting capacity.
h. The salaries of the Chairmen and members are relatively high and may not be decreased during
continuance in office.
i. The Commission enjoys fiscal autonomy.
j. Its approved annual appropriations shall be automatically and regularly released. The Secretary of
Budget and Management cannot make the release of the appropriations subject to the submission
of reports (Sec. 5, Art. IX-A, 1987 Constitution; Civil Service Commission v. Department of Budget and
Management, G.R. No. 158791, July 22, 2005, 464 SCRA 115).
k. Each Commission may promulgate its own procedural rules, provided they do not diminish, increase
or modify substantive rights (though subject to disapproval by the Supreme Court).
l. The Chairmen and members are subject to certain disqualifications calculated to strengthen their
integrity.
m. The Commissions may appoint their own officials and employees in accordance with the Civil Service
Law.

Common Features of the Constitutional Commissions

a. They are multi-headed bodies;

b. They are categorized as “independent” by the Constitution;
c. Their powers and functions are defined in the Constitution;
d. The Commissioners are required to be natural-born citizens of the Philippines;
e. Their terms of office are staggered with a two-year interval (Rotational Scheme of Appointment);
f. The Commissioners appointed are ineligible for reappointment for a period beyond the maximum
tenure of seven years;
g. Appointment to any vacancy is only for the unexpired portion of the term of the predecessor;
h. The Commissioners cannot be appointed or designated in a temporary or acting capacity; and
i. The Commissioners are removable only by impeachment.

Rotational Scheme of Appointment (Requisite conditions)

a. The terms of the first three Commissioners should start on a common date;
b. The appointment to any vacancy due to death, resignation, or disability should only for the unexpired
balance of the term of the predecessor.

B. POWERS AND FUNCTIONS OF EACH COMMISSION

CIVIL SERVICE COMMISSION

The central personnel agency of the Government:

a. Establish a career service and adopt measures to promote morale, efficiency, integrity,
responsiveness and courtesy in the civil service.
b. Strengthen the merit and rewards system.

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c. Integrate all human resources development programs for all levels and ranks.
PURPLE
d. Institutionalize a management climate conducive to public accountability NOTES
(Sec. 3, Art. IX-
B, 1987 Constitution). PURPLE NOTES
 The Civil Service Commission has the power to hear and decide administrative cases instituted before it
directly or on appeal, including contested appointments (Administrative Code of 1987).

The power of the Civil Service Commission includes the authority to recall an appointment initially approved
in disregard of applicable provisions of the Civil Service rules and regulations. (Mathay vs. Civil Service
Commission, G.R. No. 130214, August 9, 1999)

Security of Tenure (Sec, 2[3], Art. IX-B, 1987 Constitution): No officer or employee of the civil service
shall be removed or suspended, except for cause provided by law.
Career vs. Non-Career Service

CAREER SERVICE – characterized by entrance based on merit and fitness determined as far as practicable
by examinations and based on highly technical qualifications.
EXCEPTION:

a. Policy determining
b. Primarily Confidential
c. Highly Technical

CAREER EXECUTIVE SERVICE (CES)

To be a member of the CES and be entitled to Security of tenure, the following must concur:

a. Pass the Career Executive Service Examination

b. Be conferred CES eligibility
c. Comply with the other requirements prescribed by the CES Board
d. Be appointed to a CES rank by the President

Criteria to determine whether a position belongs to the CES:

a. The position belongs to the career service of the Civil Service

b. The position is above division chief
c. The position entails performance of executive or managerial functions.

NON-CAREER SERVICE – characterized by entrance other by usual tests and their tenure is limited by
law or coterminous to the appointing authority or subject to his pleasure e.g. Elective officials, department
heads, cabinets etc.

NOTE: The CSC is empowered under the Administrative Code of 1987 to declare positions in the civil
service as confidential thus the enumeration of the inclusion in the non-career service is not an exclusive
list. (Montecilio vs. Civil Service Commission, GR No. 131954, June 28, 2001.)

COMMISSION ON ELECTIONS

a. Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite,
initiative, referendum, and recall.
b. Decide, save those involving the right to vote, all questions affecting elections, including
determination of the number and location of polling places, appointment of election officials and
inspectors, and registration of voters.

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c. Deputize, with the concurrence of the President, law enforcement agencies and
PURPLEpeaceful
instrumentalities for the exclusive purpose of ensuring free, orderly, honest, NOTES
and credible elections. PURPLE NOTES
d. Register, after sufficient publication, political parties, organizations or coalitions which must present
their platform or program of government and accredit citizens’ arms.
e. File, upon a verified complaint, or on its own initiative, petitions in court for the inclusion or exclusion
of voters, investigate and, where appropriate, prosecute cases of violations of election laws.
f. Recommend to Congress effective measures to minimize election spending, including limitation of
places where propaganda materials shall be posted, and to prevent and penalize all forms of election
frauds, offenses, malpractice, and nuisance candidates.
g. Recommend to the President the removal of any officer or employee it has deputized, or the
imposition of any other disciplinary action, for violation or disregard of, or disobedience to, its
directive, order, or decision.
h. Submit to the President and Congress a comprehensive report on the conduct of each election,
plebiscite, initiative, referendum or recall. (Sec. 2, Art. IX-C, 1987 Constitution)

Pre-proclamation controversies include:

a. Incomplete returns (omission of name or votes)

b. Returns with material defects
c. Returns which appeared to be tampered with falsified or prepared under duress or containing
discrepancies in the votes (with significant effect on the result of election).

N.B.: All Election cases shall be first heard and decided in division, provided that motion for reconsideration
shall be decided en banc.

Cases that must first be heard and decided in division:

a. All election cases, including pre-proclamation contest under its original jurisdiction;
b. Petition to cancel a certificate of candidacy;
c. Cases appealed from the RTC or MTC;
d. Petition for certiorari filed before the commission from decision of the RTC or MTC before the same
may be heard en banc.

EXCEPTIONS:

a. Petitions for corrections of manifest error in the tabulation or tallying of votes

b. Cases of violation of election laws involving the exercise of administrative functions;

COMMISSION ON AUDIT

 The 1987 Constitution has made the COA the guardian of public funds, vesting it with broad powers
over all accounts pertaining to government revenues and expenditures and the use of public funds and
property, including the exclusive authority to define the scope of its audit and examination; to establish
the techniques and methods for the review; and to promulgate accounting and auditing rules and
regulations. Its exercise of its general audit power is among the constitutional mechanisms that give life
to the check and balance system inherent in our form of government. (Dela Llana vs. COA, G.R. No. 180989,
February 7, 2012)

 However, in the case of its flawed procurement transaction (Commission on Audit vs. Link Worth
International, Inc., G.R. No. 182559, March 13, 2009), the Supreme Court said:

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It is remarkably ironic that COA, the constitutional watchdog, signed its imprimatur to a
PURPLE NOTES
transaction which resulted from an irreparably flawed bidding process. The Commission, in this
case, has displayed a lamentable disregard of its mandate as the sentinel of PURPLE
governmentNOTES
resources. It is,
however, paramount that COA be reminded of its most important role, seemingly forgotten in this case, in
the promotion of transparency and accountability in public financial transactions.
a. 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 or pertaining to, the Government.
 The COA conducts examination or post-audit basis with regard to Constitutional Commissions and
bodies or offices granted fiscal autonomy under the Constitution; autonomous state colleges and
universities; other government-owned and controlled corporations and their subsidiaries; and not
governmental entities receiving subsidy or equity, directly or indirectly, from or through the
Government.
b. Keep the general accounts of Government, and preserve vouchers and supporting papers for such
period as provided by law.
c. Authority to define the scope of its audit and examination, establish techniques and methods required
therefore.

 The power of the Commission to define the scope of its audit and to promulgate auditing rules and
regulations and the power to disallow unnecessary expenditures, is exclusive, but its power to examine
and audit is not exclusive. (Development Bank of the Philippine vs. Commission on Audit, G.R. No. 88435,
January 15, 2002)

d. Promulgate account and auditing rules and regulations, including those for the prevention and
disallowance of irregular, unnecessary, expensive, extravagant or unconscionable expenditures or
uses of government funds or property.

C. PROHIBITED OFFICES AND INTERESTS

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. (Sec. 2, Art. IX, 1987 Constitution)

D. JURISDICTION OF EACH CONSTITUTIONAL COMMISSION

CIVIL SERVICE COMMISSION

The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government,
including government-owned or controlled corporations with original charters. (Sec. 2[1], Art. IX-B, 1987
Constitution)

 The Commission has original jurisdiction to hear and decide a complaint for cheating in the Civil Service
Examinations committed by government employees. The fact that the complaint was filed by the Civil
Service Commission itself does not mean that it cannot be an impartial judge. (Cruz vs. Civil Service
Commission, G.R. No. 144464, November 22, 2001)

 It is not at all disputed that while Respondent and LUSTEVECO are government-owned and controlled
corporations, they have no original charters; hence they are not under the Civil Service Law. In Philippine
National Oil Company-Energy Development Corporation v. National Labor Relations Commission (201
SCRA 487, 493 [1991]), we ruled:

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xxx Thus under the present state of the law, the test in determining whether a
PURPLE
government-owned or controlled corporation is subject to the Civil Service NOTES
Law are [sic]
the manner of its creation, such that government corporations created PURPLE NOTES
by special charter(s) are
subject to its provisions while those incorporated under the General Corporation Law are not within
its coverage. (Gamogamo vs PNOC Shipping, G.R. No. 141707, May 7, 2002)

COMMISSION ON ELECTIONS

a. Original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective
regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective
municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials
decided by trial courts of limited jurisdiction.
b. Exclusive original jurisdiction over all contests relating to the election returns and qualifications of all
elective regional, provincial and city officials.
c. Exclusive appellate jurisdiction over all contests involving elective municipal officials decided by the RTC,
or involving elective barangay officials decided by the MTC.
d. Decisions, final orders, or rulings of the COMELEC on election contests involving elective municipal and
barangay offices shall be final, executory, and not appealable. (Sec. 2[2], Art. IX-C, 1987 Constitution)

COMMISSION ON AUDIT

The Commission shall have exclusive authority, subject to the limitations, to define the scope of its audit
and examination, establish the techniques and methods required therefor, and promulgate accounting and
auditing rules and regulations, including those for the prevention and disallowance of irregular,
unnecessary, excessive, extravagant, or unconscionable expenditures or uses of government funds and
properties. (Sec. 2[2], Art. IX-D, The 1987 Philippine Constitution)

No law shall be passed exempting any entity of the government, or any investment of public funds, from
the jurisdiction of the Commission on Audit (Sec. 3, Art. IX-D, 1987 Constitution)

 The COA's audit jurisdiction extends to the government, or any of its subdivisions, agencies, or
instrumentalities, including government-owned or controlled corporations with original charters. Its
jurisdiction likewise covers, albeit on a post-audit basis, the constitutional bodies, commissions and
offices that have been granted fiscal autonomy, autonomous state colleges and universities, other
government-owned or controlled corporations and their subsidiaries, and such non-governmental
entities receiving subsidy or equity from or through the government. The power of the COA to examine
and audit government agencies cannot be taken away from it as Section 3, Article IX-D of the
Constitution mandates that “no law shall be passed exempting any entity of the Government or its
subsidiary in any guise whatever, or any investment of public funds, from the jurisdiction of the [COA].
(Veloso vs. Commission on Audit, G.R. No. 193677, September 6, 2011)

E. REVIEW OF FINAL ORDERS, RESOLUTIONS AND DECISIONS

Rendered in the exercise of Quasi-Judicial Functions

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 (Article IX-A, Section 7).

 Any decision, order or ruling of each Commission may be brought to the Supreme Court on certiorari by
the aggrieved party within 30 days from receipt of a copy thereof.

 When the Supreme Court reviews the decision of the Commission on Elections, the Court exercises
extraordinary jurisdiction. Thus, the proceeding is limited to issues involving grave abuse of discretion

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amounting to lack or excess of jurisdiction, and does not ordinarily empower the Court to
PURPLE88NOTES
review the factual findings of the Commission. (Aratuc vs. Commission on Elections, SCRA
251, February 8, 1979) PURPLE NOTES
Rendered in the exercise of Administrative Functions

CIVIL SERVICE COMMISSION

The Civil Service Commission has the power to hear and decide administrative cases instituted before it
directly or on appeal, including contested appointments (Administrative Code of 1987).

 The Commission has original jurisdiction to hear and decide a complaint for cheating in the Civil Service
Examinations committed by government employees. The fact that the complaint was filed by the Civil
Service Commission itself does not mean that it cannot be an impartial judge. (Cruz vs. Civil Service
Commission, G.R. No. 144464, November 22, 2001)

COMMISSION ON ELECTIONS

The Commission may relieve any officer or employee referred to in the preceding paragraph from the
performance of his duties relating to electoral processes who violates the election law or fails to comply
with its instructions, orders, decisions or rulings, and appoint his substitute. Upon recommendation of the
Commission, the corresponding proper authority shall suspend or remove from office any or all of such
officers or employees who may, after due process, be found guilty of such violation or failure. (Sec. 52[a]
Art. VII, Omnibus Election Code)

COMMISSION ON AUDIT

The Auditor shall report to his Director all instances of failure or refusal to comply with the decisions or
orders of the Commission contemplated in the preceding sections. The COA Director shall see to it that the
report is supported by the sworn statement of the Auditor concerned, identifying among others, the persons
liable and describing the participation of each. He shall then refer the matter to the Legal Services Sector
who shall refer the matter to the Office of the Ombudsman or other appropriate office for the possible filing
of appropriate administrative or criminal action (Sec. 7, Rule XIII, Revised Rules of Procedure of Commission on
Audit, 2009)

VIII. CITIZENSHIP

CITIZEN – one, who, as a member of the body politic of state, owes allegiance to, and may claim reciprocal
protection from the government.

CITIZEN
Membership Membership in a political community
which is more or less permanent in
nature.
Inclusion Includes the right or privilege
exercising civil or political rights.
NATIONALITY
Membership in any class or form or
political community.
Does not include the right or privilege
exercising civil or political rights.

A. Who are Filipino citizens?

a. Those who are citizens of the Philippines at the time of the adoption of this Constitution;
b. Those whose fathers or mothers are citizens of the Philippines;
c. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon
reaching the age of majority; and
d. Those who are naturalized in accordance with law. (Sec. 1, Art. IV, 1987 Constitution)

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Citizens under the 1935 Constitution PURPLE NOTES
PURPLE NOTES
a. Philippine Bill of 1902 – inhabitants as of the adoption of the Treaty of Paris who continued to reside
in the Philippines as well as their children born subsequent thereto.
b. Caram Rule – those born in the Philippines of foreign parents who, before the adoption of the
Constitution had been elected to public office.

Citizens under the 1973 Constitution

a. Those whose fathers or mothers are citizens of the Philippines

b. Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon
reaching the age of majority
c. Those who are naturalized in accordance with law

B. Modes of acquiring citizenship (Nachura, Outline Reviewer in Political Law, 2016)

a. By birth

i. Jus Sanguinis (blood relationship): All inhabitants of the island who were Spanish subjects on April
11, 1899, and residing in the islands who did not declare their intention of preserving Spanish
nationality between said date and October 11, 1900, were declared citizens of the Philippines (Section
4, Philippine Bill of 1902).

 Illegitimate children generally are under the parental authority of one [Filipino] mother and follow her
nationality, not one of the illegitimate [alien] fathers. (Serra vs. Republic of the Philippines, G.R. No. L-4223,
May 12, 1952)

ii. Jus Soli (place of birth): This principle was never applied in the Philippines. (Roa vs. Collectori of
Customs, 23 Phil. 315, October 30, 1912)

b. By naturalization

NATURAL BORN CITIZENS – those who are citizens of the Philippines from birth without having to
perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in
accordance with paragraph (3), Section 1 hereof shall be deemed natural born citizens (Sec. 2, Article IV,
1987 Constitution). It includes:

a. Those whose fathers or mothers are citizens of the Philippines. Under the jus sanguinis principle, the
fact of being born to a Filipino father or mother confers natural born status.
b. Those who elect Philippine citizenship upon reaching majority age. Under the 1987 Constitution,
those born before January 17, 1973 of Filipino mothers may elect Philippine citizenship upon reaching
the age of majority.
c. Those former natural born citizens who reacquire Philippine citizenship through repatriation.

 As a matter of law, foundlings are, as a class, natural-born citizens.(Poe-Llamanzares vs. COMELEC,

G.R. No. 221697, March 8, 2016)When the names of the parents of a foundling cannot be discovered
despite a diligent search, but sufficient evidence is presented to sustain a reasonable inference that
satisfies the quantum of proof required to conclude that at least one or both of his or her parents is
Filipino, then this should be sufficient to establish that he or she is a natural-born citizen.

The assumption should be that foundlings are natural-born unless there is substantial evidence to the
contrary. This is necessarily engendered by a complete consideration of the whole Constitution, not just its

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provisions on citizenship. This includes its mandate of defending the well-being of children,
PURPLE
guaranteeing equal protection of the law, equal access to opportunities for public NOTES
service, and
PURPLE
respecting human rights, as well as its reasons for requiring natural-born status NOTES
for select public offices.
Moreover, this is a reading validated by contemporaneous construction that considers related legislative
enactments, executive and administrative actions, and international instruments. (David vs. Senate Electoral
Tribunal, G.R. No. 221538, September 20, 2016)

Natural-born citizenship can be reacquired even if it had been once lost. COMELEC's position that natural-
born status must be continuous was already rejected in Bengson III v. HRET where the phrase "from birth"
was clarified to mean at the time of birth: "A person who at the time of his birth, is a citizen of a particular
country, is a

 natural-born citizen thereof." Neither is "repatriation" an act to "acquire or perfect" one's citizenship.
There are only two types of citizens under the 1987 Constitution: natural-born citizen and naturalized,
and that there is no third category for repatriated citizens. (Poe-Llamanzares vs. Commission on Elections,
G.R. No. 221697, March 8, 2016)

NATURALIZATION AN DENATURALIZATION

NATURALIZATION – the legal act of adopting an alien and clothing him with the rights that belong to a
natural born citizen, except those rights that specifically reserved by the Constitution to the latter.

When an Alien May Acquire Filipino Citizenship

a. Administrative naturalization pursuant to R.A. No. 9139 (another mode of acquiring Philippine
citizenship which may be availed of by native born aliens. The only implication is that, a native born
alien has the choice to apply for judicial or administrative naturalization, subject to the prescribed
qualifications and disqualification);
b. Judicial naturalization pursuant to C.A. No. 473, as amended (covers native-born aliens who lived
here in the Philippines all their lives, who never saw any other country and all along thought that they
were Filipinos; who have demonstrated love and loyalty to the Philippines and affinity to the customs
and traditions); and

c. Legislative naturalization in the form of a law enacted by Congress bestowing Philippine citizenship
to an alien. (So vs. Republic of the Philippines, G.R. No. 170603, January 29, 2007)

 A naturalization proceeding is not a judicial adversary proceeding, and the decision rendered therein
does not constitute res judicata. A certificate of naturalization may be cancelled if it is subsequently
discovered that the applicant obtained it by misleading the court upon any material fact. Law and
jurisprudence even authorize the cancellation of a certificate of naturalization upon grounds or
conditions arising subsequent to the granting of the certificate. If the government can challenge a
final grant of citizenship, with more reason can it appeal the decision of the RTC within the
reglementary period despite its failure to oppose the petition before the lower court. (So vs. Republic of
the Philippines, G.R. No. 170603, January 29, 2007)

Types of Naturalization
a. Direct Naturalization
b. Derivative Naturalization

 A child benefits from the naturalization if the mother will be a Filipino citizen, either by birth or
naturalization, at the time of her marriage to her alien spouse. Assuming that the mother lost her
Philippine citizenship by marriage but subsequently reacquired during the minority of the child, it is still

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necessary for the child to elect Philippine citizenship. (Villahermoso vs. Commissioner of
Immigration, G.R. No. L-1663, March 31, 1948) PURPLE NOTES
PURPLE NOTES

Requirements for Naturalization by Judicial Proceeding

a. At least 21 year old at the date of hearing of the petition.

b. Must have resided in the Philippines for at least 10 years. This can be reduced to 5 years in any of
the following cases:
i. He was born in the Philippines.
ii. He is married to a Filipino woman. An alien woman who marries a Filipino needs only to have her
alien Certificate of Registration canceled in an administrative proceeding upon proof of marriage
and that she does not possess any of the disqualifications found in Section 4 of C.A. No. 473.
iii. He has held office in government.
iv. He made a useful invention or established an industry for a period of not less than 2 years.
c. Possesses good moral character, believes in the Constitution and has conducted himself in an
irreproachable manner during his stay in the Philippines.
d. Owns real estate in the Philippines worth P5,000.00 or more, or has a lucrative trade, profession or
occupation.
e. Must be able to speak and write Filipino or English and a principal dialect (as modified by the 1987
Constitution). He must have enrolled his children in a recognized school in the Philippines that
teaches Philippine History, civics and government.

Disqualifications

a. Being opposed to organized government.

b. Believing in violence as a means to espouse an idea.
c. A polygamist or believing in such.
d. Convicted of a crime involving moral turpitude.
e. Suffering from an incurable contagious disease or from mental anguish.
f. Not mingling socially with Filipinos, nor embracing Filipino culture, ideas and customs.
g. Being the citizen of a country with which the Philippines is at war, during the time of such war.
h. No reciprocity, that is, his own country does not grant the same naturalization to Filipinos.

Effects of Naturalization (under Section 15 C.A. 473)

a. Minor children of persons naturalized under this law who have been born in the Philippines shall be
considered citizens thereof.
b. A foreign-born minor child, if dwelling in the Philippines at the time of the naturalization of the parent,
shall automatically become a Philippine citizen, and a foreign-born minor child, who is not in the
Philippines at the time the parent is naturalized, shall be deemed a Philippine citizen only during his
minority, unless he begins to reside permanently in the Philippines when still a minor, in which case,
he will continue to be a Philippine citizen even after becoming of age.
c. A child born outside of the Philippines after the naturalization of his parent shall be considered a
Philippine citizen, unless within one year after reaching the age of majority, he fails to register himself
as a Philippine citizen at the American Consulate of the country where he resides, and to take the
necessary oath of allegiance.

GROUNDS FOR DENATURALIZATION

a. Naturalization certificate is obtained fraudulently.

b. If within 5 years he returns to his native country and establishes a permanent residence there.

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c. Petition was made on an invalid declaration of intention.
PURPLEthem
d. Minor children failed to graduate by the fault of the parent by neglecting NOTES
or
transferring them to another school. PURPLE NOTES
e. Applicant is guilty of violating naturalization laws and the anti-dummy law in availing privileges
available only to Filipinos.

Naturalization by Administrative Proceeding Requirements:

a. Aliens who were born in the Philippines and have resided here since birth are qualified to acquire
Philippine citizenship.
b. Must at least by 18 years of age.
c. Must be of good moral character.
d. Must believe in the principles underlying the Constitution.
e. Must have received his primary and secondary education in a public or private school recognized by
the DECS.
f. Must also have a known trade, business, profession or lawful occupation from which he derives
income enough for him and his family.
g. Must be able to read, write and speak Filipino or any local dialect.
h. Must have mingled with Filipinos and shown a sincere desire to embrace their customs, traditions
and ideals. (R.A. No. 9139; So vs. Republic of the Philippines, G.R. No. 170603, January 29, 2007)

N.B.: Not all aliens may avail of this.

Disqualifications

a. Those opposed to the government

b. Polygamists
c. Convicts
d. Those suffering from mental illness or incurable disease.

 Availment of tax amnesty does not obliterate lack of good moral character which is a ground for
denaturalization. Decision granting citizenship may be cancelled anytime. (Republic of the Philippines vs.
Mo Ya Lim Yao, G.R. No. L-21289, October 4, 1971)

 A foreign man who marries a Filipino citizen does not acquire Philippine citizenship but the residence
requirement for naturalization will be reduced to 5 years. (Sec. 3, Revised Naturalization Act)

c. By marriage

C. Dual Citizenship and Dual Allegiance

 Private respondent’s declaration in his certificate of candidacy that he is a Filipino citizen, that he is not
a permanent resident of another country and that he will defend and support the Constitution effectively
repudiated his American citizenship. His oath of allegiance to the Philippines when considered with the
fact that he has spent his youth and adulthood, received his education, practiced his profession and
taken part in past elections in this country leaves no doubt of his election of Philippine citizenship. The

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mere filing of a certificate of candidacy resulted in the renunciation of his American
citizenship effectively removing any disqualification he may have as a dual PURPLE NOTES
citizen. (Mercado
vs. Manzano, G.R. No. 135083. May 26, 1999) PURPLE NOTES
DUAL DUAL
CITIZENSHIP ALLEGIANCE
Definition Arises when, as A situation in
a result of which a person
concurrent simultaneously
application of owes, by some
the different positive act,
laws of two or loyalty to two or
more states, a more states. It
person is is a result of an
simultaneously individual’s
considered a violation.
national by the
said states.
Application May arise from Inimical to the
of law as a national
consequence of interest and
different laws or shall be dealt
mode of by law (Sec. 5,
acquiring Art. IV, 1987
citizenship. Constitution)

D. Loss and Re-acquisition of Philippine Citizenship

Philippine citizenship may be lost or reacquired in the manner provided by law (Sec. 3, Art. IV, 1987
Constitution).

Loss of Citizenship

a. Naturalization in a foreign country (Frivaldo vs. Commission on Elections, G.R. No. 120295. June 28, 1996).
b. Express renunciation or expatriation.
c. Taking an oath of allegiance to another country upon reaching the age of majority.
d. Accepting a commission and serving in the armed forces of another country, unless there is an
offensive or defensive pact with the country, or it maintains armed forces in RP with RP’s consent.
e. Denaturalization.
f. Being found by final judgment to be a deserter of the AFP (Commonwealth Act No. 63)

 Immigration to the United States by virtue of a “green card,” (immigrant visa) which entitles one to
reside permanently in that country, constitutes abandonment of domicile in the Philippines. With more
reason then does naturalization in a foreign country result in an abandonment of domicile in the
Philippines. (Coquilla vs. Commission on Elections, G.R. No. 151914, July 31, 2002)

 Possession of alien registration certificate unaccompanied by proof of performance of acts whereby

Philippine citizenship had been lost is not adequate proof of loss of citizenship. (Aznar vs. Commission on
Elections, G.R. No. 83820May 25, 1990)

EXPATRIATION – the voluntary renunciation or abandonment of nationality and allegiance.

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Re-acquisition of Citizenship
PURPLE NOTES
PURPLE
a. By naturalization: This mode of naturalization is governed by Commonwealth NOTES
Act No. 63 wherein the
applicant must have the following qualifications:

1. The applicant must have lost his original Philippine citizenship by naturalization in a foreign country
or by express renunciation of his citizenship.
2. He must be at least 21 years of age and shall have resided in the Philippines at least 6 months before
he applies for naturalization.
3. He must have conducted himself in a proper and irreproachable manner during the entire period of
his residence, in his relations with the government and with the community in which he is living.
4. He subscribes to an oath declaring his intention to renounce all faith and allegiance to the foreign
authority, state or sovereignty of which he was a citizen or subject.

b. By repatriation due to

1. Desertion of the armed forces (Sec. 4, C.A. 63).

2. Service in the armed forces of the Allied Forces in World War II (Sec. 1, R.A. 965)
3. Service in the Armed Forces of the United States at any other time (Sec 1, R.A. 2630).
4. Marriage of a Filipino woman to an alien (Sec. 1, RA 8171).
5. Political and economic necessity.

REPATRIATION – recovery of nationality by individuals who were natural-born citizens of a state but who
had lost their nationality.

 Repatriation results in the recovery of the original nationality. Therefore, if he is a natural-born citizen
before he lost his citizenship, he will be restored to his former status as a natural-born Filipino. (Bengson
III v. House of Representatives Electoral Tribunal, G.R. No. 142840 May 7, 2001)

 In the absence of any official action or approval by proper authorities, a mere application for repatriation
does not, and cannot, amount to an automatic reacquisition of the applicant’s Philippine citizenship.(Labo
v. Commission on Elections, GR 86564, August 1, 1989)

 A foundling, considered as a natural-born Filipino citizen, re-acquired natural-born Filipino citizenship

when, following her naturalization as a citizen of the United States, she complied with the requisites of
Republic Act No. 9225. (David vs. Senate Electoral Tribunal, G.R. No. 221538, September 20, 2016)
c. By direct act of Congress

Citizenship Retention and Reacquisition Act (Republic Act No. 9225): Took effect on September
17, 2003. Natural-born citizens, by reason of their naturalization as citizens of a foreign country are deemed
to have re-acquired Philippine citizenship upon taking an oath of allegiance to the Republic. Natural born
citizens of the Philippines, who, after the effectivity of the Act, become citizens of a foreign country, shall
retain their Philippine citizenship upon taking the aforesaid oath.

Derivative Citizenship: The unmarried child, whether legitimate, illegitimate or adopted, below 18 years
of age, of those who re-acquire Philippine citizenship upon effectivity of the Act shall be deemed citizens
of the Philippines. (Sec. 4)

Civil and Political Rights and Liabilities: Those who retain or re-acquire Philippine citizenship shall
enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities under existing
laws of the Philippines, subject to the following conditions:

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a. Those intending to exercise their right of suffrage must meet the requirements under
PURPLE
Section 1, Article V of the Constitution, RA No. 9189 (The Overseas Absentee NOTES
Voting Act
of 2003) and other existing laws; Those seeking elective public office PURPLE NOTES shall meet
in the Philippines
the qualification for holding such public office as required by the Constitution and existing laws and,
at the time of the filing of the certificate of candidacy, make a personal and sworn renunciation of
any and all foreign citizenship before any public officers authorized to administer an oath.

 Even those who retained their Philippine citizenship by birth and acquired foreign citizenship by virtue
of marriage to a foreign spouse are required to renounce their foreign citizenship (Sobejana-Condon v.
Commission on Elections, G.R. No. 198742, August 10, 2012)

b. Those appointed to any public office shall subscribe and swear to an oath of allegiance to the
Republic of the Philippines and its duly constituted authorities prior to their assumption of office:
Provided, That they renounce their oath of allegiance to the country where they took that oath.
c. Those intending to practice their profession in the Philippines shall apply with the proper authority
for a license or permit to engage in such practice.
d. That right to vote or be elected or appointed to any public office in the Philippines cannot be exercised
by, or extended to those who:

i. Are candidates for or are occupying any public office in the country of which they are naturalized
citizens; and/or
ii. Are in active service as commissioned or non-commissioned officers in the armed forces of the
country which they are naturalized citizens. (Sec. 5, R.A. 9225)

d. Marriage to an alien spouse

Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission
they are deemed, under the law, to have renounced it. (Sec. 4, Art. IV, 1987 Constitution)

E. Natural-Born citizens and Public Office

Who must be Natural-born?

a. President (Sec 2, Art. VII, 1987 Constitution)

b. Vice-President (Sec 3, Art. VII, 1987 Constitution)
c. Members of Congress (Secs. 3 & 6, Art. VI, 1987 Constitution)
d. Justices of the Supreme Court and the Court of Appeals (Sec 7[1], Art. VIII, 1987 Constitution)
e. Ombudsman and Deputies (Sec 8, Art. XI, 1987 Constitution)
f. Members of the Constitutional Commissions (Sec. 1[1]; Art. IX-B, Art. IX-C, Art. IX-D, 1987 Constitution]
g. Members of the Central Monetary Authority (Sec. 20, Art. XII, 1987 Constitution)
h. Members of the Commission on Human rights (Sec. 17[2], Art. XIII, 1987 Constitution)

 The 1935 Constitution, during which regime respondent FPJ was born, confers citizenship to all persons
whose fathers are Filipino citizens regardless of whether such children are legitimate or illegitimate. (
Tecson, et. al vs. Commission on Elections, G.R. No. 161434, March 3, 2004)

VIII. NATIONAL ECONOMY AND PATRIMONY

A. Regalian Doctrine

PATRIMONY – means heritage.

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 National Patrimony does not merely refer to the natural resources of the Philippines but as
PURPLE NOTES
well as the cultural heritage of the Filipinos. (Manila Prince Hotel vs. Government Service
Insurance System, G.R. No. 122156. February 3, 1997) PURPLE NOTES
Three-Fold Goal

a. More equitable distribution of opportunities, income, and wealth.

b. Sustained increase in the amount of goods and services produced by the nation for the benefit of the
people.
c. Expanding productivity, as the key to raising the quality of life for all.

JURA REGALIA – All lands of the public domain, waters, minerals, coal, petroleum, and other mineral
oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural
resources are owned by the State. With the exception of agricultural lands, all other natural resources shall
not be alienated. (Sec. 2, Art. XII, 1987 Constitution)

IMPERIUM – government authority possessed by the State which is appropriately embraced in

sovereignty.
DOMINIUM – capacity of the government to own or acquire property.

The use of the term dominium is appropriate with reference to lands held by the State in its proprietary
character. In such capacity, it may provide for the exploitation and use of lands and other natural resources,
including their disposition, except as limited by the Constitution.

What Lands may be alienated by the State: Only agricultural lands of the public domain can be
alienated by the state.

 The term “capital” mentioned in Section 11. Article XII pf the Constitution refers to the total outstanding
capital stock of public utilities. The requirement that at least sixty percent of the capital must be owned
by Filipino citizens applies separately to each class of shares, whether common, preferred, non-voting,
preferred voting, or any class of shares. Mere legal title is not enough. Full beneficial ownership of sixty
percent of the outstanding capital stock is required. (Gamboa v. Teves, G.R. 176579, June 28, 2011)

B. Nationalist and Citizenship Requirement Provision

Filipinized Activities Regarding the National Economy and Patrimony:

a. Co-production, joint venture or production sharing agreement for exploration,

development and utilization (EDU) of natural resources: Filipino citizens or entities with 60%
Filipino capitalization;

EXCEPTION: For large–scale EDU of minerals, petroleum and other mineral oils, the President may enter
into agreements with foreign-owned corporations involving technical or financial assistance.

 These agreements refer to service contracts which involve foreign management and operation provided
that the Government shall retain that degree of control sufficient to direct and regulate the affairs of
individual enterprises and restrain undesired activities.”(La Bugal-B’laan Tribal Association, et. al. vs.
Secretary, DENR, et. al G.R. No. 127882, December 1, 2004)

NOTE: Use and enjoyment of nations marine wealth within territory: Exclusively for Filipino citizens.

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b. Alienable lands of the public domain: Only Filipino citizens may acquire not more than
PURPLE Private
12 hectares by purchase, homestead or grant, or lease not more than 500 hectares. NOTES
PURPLE
corporations may lease not more than 1,000 hectares for 35 years renewable NOTES
for another 25 years;
c. Certain areas of investment: reserved for Filipino citizens or entities with 60% FC, although Congress
may provide for higher percentage;
d. Grants of rights, privileges and concessions covering national economy and patrimony, State shall
give preference to qualified Filipinos; and
e. Franchise, certificate or any other form of authorization for the operation of public utility:
only to Filipino citizens or entities with 60% FC. Such franchise, etc. shall neither be exclusive, nor have
a period longer than 50 years, and shall be subject to amendment, alteration or repeal by Congress.
Further, all executive and managing officers must be Filipino citizens.

 The right to operate a public utility may exist independently and separately from the ownership of the
facilities thereof. One can own said facilities without operating them as public, or conversely one may
operate a public utility without the facilities used to serve the public. (Tatad vs. Garcia, G.R. No. 114222,
April 6, 1995)

C. Exploration, Development, and Utilization for Public Utilities

1. Must be under the full control and supervision of the State.

2. The State may directly undertake these activities.
3. It may enter into co-production, joint venture, or production-sharing agreements with: (a) Filipino
citizens; or (b) Corporations 60%-owned by Filipinos (and incorporated here). Agreement shall have a
term of 25 years, renewable for another 25.
4. Use and enjoyment of the nation’s marine wealth is reserved exclusively for Filipino citizens.
5. Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens with priority
to subsistence fishermen and fish workers in rivers, lakes, bays, and lagoons.

Development Agreements

1. The President may enter into agreements with foreign-owned corporations involving: (a) Technical
assistance; (b) Financial assistance
2. For large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils:
Limited role for aliens. Management and service contracts are not allowed under this rule. The President
shall notify Congress of every contract entered into in accordance with this rule within 30 days from its
execution (Sec. 2, Art. XII, 1987 Constitution).

Classifications of Lands of Public Domain

a. Agricultural
b. Forest of Timber
c. Mineral Lands
d. National parks

Classification of Lands is an exclusive prerogative of the Executive Department – done by the President
upon the recommendation of the DENR.

Disposition and Utilization of Alienable Lands of the Public Domain

1. Private corporations or associations:

a. Only allowed to lease such lands for a period of 25 years, renewable for another 25; Area leased
cannot exceed 1,000 hectares.

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b. Cannot acquire alienable lands of the public domain.
PURPLE NOTES
2. Filipino citizens (natural persons): PURPLE NOTES
a. Lease not more than 500 hectares
b. Acquire not more than 12 hectares by purchase, homestead, or grant

Established Rules on Private lands

1. Only Filipino citizens or corporation incorporated in the Philippines, 60% of the capital of which is owned
by Filipinos can acquire private lands.
2. Filipino citizenship is only required at the time the land is acquired.
3. Loss of citizenship after acquiring the land does not deprive one of ownership.
4. Restriction against aliens only applies to acquisition of ownership.
5. Aliens may be lessees of private lands, or even usufructuaries.
6. Aliens may be mortgagees of land, as long as they do not obtain possession thereof and do not bid in
the foreclosure sale.

EXCEPTION: Intestate succession, where an alien heir of a Filipino is the transferee of private land.
Transfer of private land to aliens who were formerly natural-born citizens of the Philippines.

Limitations:
a. Land must be used for residential purposes only.
b. Can only acquire derivative title, not original title.
c. Foreign states may acquire land but only for embassy and staff residence purposes.

Ancestral Domains

Subject to Sec. 56 hereof, refer to all areas generally belonging to ICCs/IPs comprising lands, inland waters,
coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by
ICCs/IPs themselves, or through their ancestors, communally or individually since time immemorial,
continuously to the present, except when interrupted by war, force majeure or displacement by force,
deceit, stealth or as a consequence of government projects or any other voluntary dealings entered into
by the government and private individuals, corporations, and which are necessary to ensure their economic,
social and cultural welfare.
Ancestral Lands

Subject to Sec. 56 hereof, refer to land occupied, possessed and utilized by individuals, families and clans
who are members of the ICCs/IPs since time immemorial, by themselves or through their predecessors-in-
interest, under claims of individual or traditional group ownership, continuously, to the present except when
interrupted by war, force majeure or displacement by force, deceit, stealth, or as a consequence of
government projects and other voluntary dealings entered into by government, private individuals
corporations, including, but not limited to, residential lots, rice terraces or paddies, private forests, swidden
farms and tree lots.

NATIVE TITLE – pre-conquest rights to lands and domains which, as far back as memory reaches, have
been held under a claim of private ownership by ICCs/IPs, have never been public lands and are thus
indisputably presumed to have been held that way since before the Spanish Conquest.

Filipino First Policy: The State shall regulate and exercise authority over foreign investments within its
national jurisdiction and in accordance with its national goals and priorities. (Sec. 10, Art. XII, 1987
Constitution)

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 The First Filipino Policy expressed in Section 10, Article XII of the Constitution is mandatory.
It is a positive command, which is complete in itself, which needs no farther PURPLE NOTES
guidelines or
implementing rules for its enforcement. It is per se judicially enforceable. PURPLEWhen NOTES
our constitution
mandates that in the grant of rights, privileges, and concessions covering the national economy and
patrimony, the State shall give preference to qualified Filipinos; it means just that qualified Filipinos
must be preferred. (Manila Prince Hotel vs. Government Service Insurance System, G.R. No. 122156. February
3, 1997)

Citizenship requirements

1. Co-production, joint venture or production sharing agreements for exploration,

development and utilization of natural resource – Filipino citizens or corporations or associations
at least 60% of whose capital is Filipino owned. Agreement shall not exceed a period of twenty-five
years, renewable for another twenty-five years (Sec. 2, Art. XII, 1987 Constitution).

2. Use and enjoyment of the nation’s marine wealth in its archipelagic waters, territorial sea and exclusive
economic zone – exclusively for Filipino citizens (Sec. 2, Art. XII, 1987 Constitution).

The State shall protect the rights of substance fishermen, especially for local communities, to the
preferential use of the communal marine and fishing resources, both inland and offshore

c. Certain areas of investment (as Congress shall provide when the national interest so dictates) – reserved
to Filipinos or corporations 60% of whose capital is Filipino owned, although Congress may prescribe a
higher percentage of Filipino ownership (Sec. 10, Art. XII, 1987 Constitution).

 In the grant of rights, privileges and concessions covering the national economy and patrimony, the
State shall give preference to qualified Filipinos. (Manila Prince Hotel vs. Government Service Insurance
System, G.R. No. 122156. February 3, 1997)

Franchises, Authority and Certificates for Public Utilities

a. Only citizens of the Philippines or corporation at least 60% of whose capital is Filipino-owned can obtain
franchises, authority or any other form of authorization for the operation of public utilities (Sec. 11, Art.
XII, 1987 Constitution).
b. All executive and managing officers must be Filipino citizens.

 There is a trend towards delegating the legislative power to authorize the operation of certain public
utilities to administrative agencies and dispensing with the requirement of a congressional franchise.
(Associated Communications & Wireless Services vs. NTC, GR No. 144109, February 17, 2003)

 Radio and television companies do not own the airwaves and frequencies; they are merely given the
temporary privilege of using them. A franchise is a privilege subject to amendment, and the provision
of BP No. 881 granting free time to the COMELEC is an amendment of the franchise of radio and
television station. (TELEBAP vs. Commission on Elections, G.R. No. 132922, April 21, 1998)

 A joint venture falls within the purview of an “association” pursuant to Article XII, Section 11; thus, a
joint venture which would engage in the business of operating a public utility, such as a shipyard, must
comply with the 60%-40% Filipino foreign capitalization requirement. (JG Summit Holdings vs. CA, GR No.
124293, November 2, 2000)

D. Acquisition, Ownership, and Transfer off Public and Private Lands

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Alienable lands of the public domain: only Filipino citizens may acquire not more than 12
PURPLE Private
hectares by purchase, homestead or grant, or lease not more than 500 hectares. NOTES
PURPLE
corporations may lease not more than 1,000 hectares for 25 years for 25 years NOTES
renewable for another 25
years.

Private Lands

GENERAL RULE: No private land shall be transferred or conveyed except to individuals, corporations or
associations qualified to acquire or hold lands of the public domain.

EXCEPTIONS:

a. Foreigners who inherit through intestate succession;

b. Former natural-born Filipino citizen may be transferee of private lands subject to limitations provided by
law;
c. Ownership in condominium units; and
d. Parity right agreement, under the 1935 Constitution.

 The classification of public lands is a function of the executive branch, specifically the Director of the
Land Management Bureau (formerly Director of Lands). The decision of the Director, when approved by
the Secretary of the DENR, as to questions of fact, is conclusive upon the courts. (Republic vs. Imperial Jr.,
GR No. 130906, February 11, 1999)

STEWARDSHIP DOCTRINE – Private property is supposed to be held by the individual only as a trustee for
the people in general, who are its real owners.

E. Practice of Professions

The practice of all professions in the Philippines shall be limited to Filipino citizens save in cases prescribed
by law (Sec. 14, Art. XII, 1987 Constitution).

 While upholding the principle that the license to practice medicine is a privilege or franchise granted by
the government, declared that the power to regulate the exercise of a profession or pursuit of an
occupation cannot be exercised by the State or its agents in an arbitrary manner. (Board of Medicine vs.
Yasuyuki, GR No. 166097, July 14, 2008)

F. Organizations and Regulation of Corporations (Private and Public)

The Congress shall not, except by general law, provide for the formation, organization, or regulations of
private corporations. Government-owned or controlled corporations may be created or established by
special charters in the interest of the common good and subject to the test of economic viability (Sec. 16,
Art. XII, 1987 Constitution)

G. Monopolies, Restraint of Trades, and Unfair Competition

MONOPOLY – a privilege or peculiar advantage vested in one or more persons or companies, consisting
in the exclusive right to carry on a particular business or trade, manufacture a particular article, or control
the sale of a particular commodity. Monopolies are not per se prohibited by the Constitution but may be
permitted to exist to aid the government in carrying on an enterprise or to aid in the performance of various
services and functions in the interest of the public.

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 The desirability of competition is the reason for the prohibition against restraint of trade,
PURPLE
the reason for the interdiction of unfair competition, and the reason for the NOTES
prohibition of
PURPLE
unmitigated monopolies. (Tatad vs. Secretary of Energy, GR No. 124360, November NOTES
5, 1997)

 WTO Agreement does not violate constitutional prohibition on monopolies because these sections should
be read and understood in relation to Sections 1 and 13 of Article XII, which require the pursuit of a
trade policy that serves the general welfare and utilizes all forms and arrangements of exchange on the
basis of equality and reciprocity. (Tanada vs. Angara, G.R. No. 118295, May 2, 1997)

XIV. SOCIAL JUSTICE AND HUMAN RIGHTS

 Social Justice is neither communism nor despotism, nor atomism, nor anarchy, but rather the
humanization of laws and the equalization of the social and economic forces by the State so that justice
in its rational and objectively secular conception may at least be approximated. Social justice means
the promotion of the welfare of the people and adoption by the government of measures calculated to
ensure economic stability of all the component elements of the society through the maintenance of the
proper economic and social equilibrium in the interrelations of the members of the community,
constitutionally, through the adoption of measures legally justifiable, or extra-constitutionally, through
the adoption of measures legally justifiable, or extra constitutionally, through the exercise of powers
underlying the existence of all governments on the time honored principle of salus populi est suprema
lex. (Calalang vs. Williams, G.R. No. 47800, December 02, 1940)

 While the pursuit of social justice can have revolutionary effect, it cannot justify breaking the law. While
the State is mandated to promote social justice and to maintain adequate social services in the field of
housing, this cannot be interpreted to mean that “squatting” has been legalized. (Astudillo vs. Board of
Directors, G.R. No. L-28066, September 22, 1976)

 Pursuant to the obligation of the State under Section 16, Article II of the Constitution to protect and
advance the right of the people to a balanced and healthful ecology in accord with the rhythm and
harmony of nature, minors have standing to sue based on the concept of intergenerational responsibility
(Oposa v. Factoran, G.R. No. 101083, July 30, 1993)

Concept of Social Justice

a. Equitable diffusion of wealth and political power for common good;

b. Regulation of acquisition, ownership, use and disposition of property and its increments; and
c. Creation of economic opportunities based on freedom of initiative and self-reliance

Composition of Commission on Human Rights

a. Chairman
b.(4) Members (NOTE: Majority must be members of the bar.)

 The power to appoint the Chairman and members of the Commission is vested in the President of the
Philippines, without need of confirmation by the Commission on Appointments. (Bautista vs. Salonga, G.R.
No. 86439 April 13, 1989)

 The Commission on Human Rights does not enjoy fiscal autonomy. It does not belong to the species of
constitutional commissions under Article IX. (CHREA vs. CHR, GR No. 155336, November 25, 2004)

Power and Functions

 The CHR does not possess jurisdiction or adjudicatory powers over certain specific types of cases, like
human rights violations involving civil or political rights. It was not meant by the Constitution to be

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another court or quasi-judicial agency. It is conceded however, that the Commission may
investigate. (Carino vs. Commission on Human Rights, GR No. 96681, November PURPLE
2, 1991) NOTES
PURPLE NOTES
 The CHR, not being a court of justice, cannot issue writs of injunction or restraining order against
supposed violators of human rights. (Export Processing Zones Authority vs. Commission on Human Rights, G.R.
No. 101476, April 14, 1992)

 On its contempt powers, the CHR is constitutionally authorized to "adopt its operational guidelines and
rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court."
That power to cite for contempt, however, should be understood to apply only to violations of its adopted
operational guidelines and rules of procedure essential to carry out its investigatorial powers. To
exemplify, the power to cite for contempt could be exercised against persons who refuse to cooperate
with the said body, or who unduly withhold relevant information, or who decline to honor summons,
and the like, in pursuing its investigative work. The "order to desist" (a semantic interplay for a
restraining order), however, is not investigatorial in character but prescinds from an adjudicative power
that it does not possess.” (Simon v Commission on Human Rights, G.R. No. 100150 January 5, 1994)

XV. EDUCATION, SCIENCE, TECHNOLOGY, ARTS, CULTURE AND SPORTS

A. Academic freedom

Academic freedom shall be enjoyed in all institutions of higher learning (Sec. 5[2], Article XIV, 1987
Constitution).

FOUR ESSENTIAL FREEDOMS OF A UNIVERSITY

a. Who may teach

b. What may be taught
c. How it shall teach
d. Who may be admitted to study (Garcia vs. Faculty Admission Committee, G.R. No. L-40779, November 28,
1975)

 “The institutional academic freedom includes the right of the school or college to decide and adopt its
aims and objectives, and to determine how these objections can best be attained, free from outside
coercion or interference, save possibly when the overriding public welfare calls for some restraint. The
essential freedoms subsumed in the term “academic freedom” encompass the freedom of the school or
college to determine for itself: (1) who may teach; (2) who may be taught; (3) how lessons shall be
taught ; and (4) who may be admitted to study:” (Mercado vs. AMA, G.R. No. 183572, April 13, 2010)

Two Views:

a. Standpoint of the educational institution: The freedom of the university to determine “who teach,
what may be taught, how it shall be taught, and who may be admitted to study

 If the school has the freedom to determine whom to admit, logic follows that it also has the right to
determine whom to exclude or expel, as well as to impose lesser sanctions such as suspension.(Miriam
College Foundation vs. CA, GR No. 127930, November 15, 2000)

b. Standpoint of the academe: The freedom of a teacher or research worker in higher institutions of
learning to investigate and discuss the problems of his science and to express his conclusions whether
through publication or in the instruction of students, without interference from political or ecclesiastical
authority, or from the administrative officials of the institution in which he is employed, unless his

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methods are found by qualified bodies of his own profession to be completely incompetent
or contrary to professional ethics. PURPLE NOTES
PURPLE NOTES
Limitations of Academic Freedom

a. Police Power of the State

b. Social interest of the community

The only valid grounds to deny admission to a student are academic deficiency and breach of school’s
reasonable rules of conduct. (Guzman vs. National University, 142 SCRA 699 [1983])

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