Political Law Syllabus

Phoebe J. Palcullo

I. PRELIMINARY PROVISIONS AND BASIC CONCEPTS

A. Article I. National territory
 The national territory comprises the Philippine Archipelago, with all the islands and
waters embraced therein, and all other territories over which the 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
submarines Areas. The waters around, between and connecting the islands of the
archipelago, regardless of their breath and dimensions, form part of the internal waters
of the Philippines.
 Territorial sea of state – consists of a marginal belt of maritime waters adjacent to
baselines extending 12 nautical miles upward.
 While the application of the 12-mile rule to neighboring littoral states would result in
overlapping, the rule now establishes is that the dividing line is a median line
equidistant from the opposite baselines. Equidistant rule, however, does not apply
where the historic title or other special circumstances require a different measure.
 Baselines – low water line along the coast as marked on the large scale charts officially
recognized by the coastal state.
o Two ways of drawing the baseline:
o Normal baseline – one drawn following the low-water line along the coast as
marked on large scale charts officially recognized by the coastal state.
o Straight baselines – straight lines are drawn connecting selected points on the
coast without appreciable departure from the general shape of the coast.
 Sovereignty over territorial waters. A state exercises sovereignty over its territorial sea
subject to the right of innocent passage by other states.
o Innocent passage – understood as passage not prejudicial to the interests of the
coastal state nor contrary to recognized principles of international law.
 Archipelagic waters. The waters around, between and connecting the islands of the
archipelago, irrespective of their breath and dimensions, form part of the internal
waters of the Philippines.

B. Article II. Declaration of Principles and State Policies.

 Section 1. The Philippines is a democratic and republican state. Sovereignty resides in
the people and all government authority emanates from them.
 Principles – are binding rules which must be observed in the conduct of government.
 Policies - are guidelines for the orientation of the states.
 Kilosbayan vs. Morato. The principles and state policies enumerated under Article II and
some sections of Article 12 are not self-executing provisions, the disregard of which can
give rise to a cause of action in the courts. They do not embody judicially enforceable
constitutional rights but guidelines for legislation.
 Tañada vs. Angara. The principles in Article II are not intended to be self- executing
principles ready for Enforcement through the courts.
 Definition and elements of state.
o State, it is 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 the great body of inhabitants
render habitual obedience.
o Montevideo Convention of 1933: the state as a person of international law
should possess the following qualifications:
  Permanent population. People- segment of political society wherein
legal sovereignty lies.
 Defined territory. Territory – consisting of lands and waters and the air
space above them and the submarine areas below them.
 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 or prescribing them.
 Capacity to enter into relations with other states/sovereignty.
Sovereignty – is the capacity to conduct international relations.
o Distinguished from nation. State is a legal concept while nation is a racial or
ethnic concept.
 SECTION 2. The Philippines renounces war as an instrument of national policy, adopts
the generally accepted principles of international law as part of the law of the land and
adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all
nations.
o Renunciation of war. And this is all that the Constitution renounces, for the
power to wage a defensive war is of the very essence of sovereignty. For that
matter, the constitution makes defense of the state a duty of the government
and of the people and gives to congress the power to declare state of war.
o Incorporation of international law. The second part of Section 2 accepts the
doctrine of incorporation.
 Doctrine of Transformation. International law can become part of the
municipal law only if it is transformed into domestic law through
appropriate constitutional machinery.
 Doctrine of incorporation. The law of nations, whenever any question
arises which is propoerly the objct of its juridication, is here adopted in
full extent by the common law, and it is held to be part of the law of the
land.
 The provision of Section 2 makes the Philippines one of the states which
make a specific decalaration that international law has the force also of
domestic law.
 International law therefore can be used by Philippine courts to settle
domestic disputes in much the same way that they would use the Civil
Code, etc.
 Principle of incorporation applies only to customary law and to treaties
which have become part of customary law.
 SECTION 3. Civilian authority is, at all times, supreme over the military. The Armed
Forces of the Philippines is the protector of the people and the State. Its goal is to secure
the sovereignty of the State and the integrity of the national territory.
o Civilian Supremacy, in other words, is, in the final analysis, not a guaranteed
supremacy of civilian officers who are in power but of supremacy of the
sovereign people.
o There are 2 thoughts in the constitutional provision: disapproval of military
abuses an guardianship of state sovereignty.
o The militry exercise of political power can be justified as a last resort – when
Civilian authority has lost its legitimacy.
 SECTION 4. The prime duty of the Government is to serve and protect the people. The
Government may call upon the people to defend the State and, in the fulfillment thereof,
all citizens may be required, under conditions provided by law, to render personal
military or civil service.
 o Compulsory military and civil service; protection of people and state.
 The volunteer system is not suitable for a poor country which cannot
afford to pay the army well enough to attract well qualified, able-bodied
young men to the service.
 The duty of the government to defend the state cannot be performed
except through an army.
o Exception: under the condition provided by law.
 Intended to give to congress a flexible guideline for dealing with
conscientious objectors.
 SECTION 5. The maintenance of peace and order, the protection of life, liberty, and
property, and the promotion of the general welfare are essential for the enjoyment by all
the people of the blessings of democracy.
o Peace and order, general welfare. Provoked the objection that it could create the
notion that peace and order must be promoted at all cost and even at the
expense of justice and could encourage the use of military solutions to what
could normally be treated as social, economic and political problems.
o Commissioner Ambrosio Padilla, explained that the provision recognized a
hierarchy of rights – life, liberty and property.
 SECTION 6. The separation of Church and State shall be inviolable.
 STATE POLICIES
 SECTION 7. The State shall pursue an independent foreign policy. In its relations with
other states the paramount consideration shall be national sovereignty, territorial
integrity, national interest, and the right to self-determination.
o An independent foreign policy.
o Section 7 states a principle which no one will dispute but fidelity to which will
always be a matter of dispute.
 SECTION 8. The Philippines, consistent with the national interest, adopts and pursues a
policy of freedom from nuclear weapons in its territory.
o A policy of freedom from nuclear weapons.
 Clearly, the ban is only on nuclear arms – that is, the use and stockpiling
of nuclear weapons, devices, and parts thereof. And this includes, “not
only possessing, controlling and manufacturing nuclear weapons, but
also nuclear tests in out territory, as well as the use of our territory as
dumping ground for radioactive wastes.
 The provision, however, is not a ban on the peaceful use of nuclear
energy. Nor is it a ban on all “nuclear-capable vessels”. For a vessel to be
banned, it is enough that it is capable on carrying nuclear arms; it must
actually carry nuclear arms.
o The policy against nuclear weapons is not absolute.
 Exception: whether or not to allow nuclear weapons would be decided
on the basis of what is best for the national interests.
 SECTION 9. The State shall promote a just and dynamic social order that will ensure the
prosperity and independence of the nation and free the people from poverty through
policies that provide adequate social services, promote full employment, a rising
standard of living, and an improved quality of life for all.
o Social order
 It reflects a preoccupation with poverty as resulting from structures
that mire the people in a life of dependence. Hence the provision is
closely linked with the provision on social justice.
 SECTION 10. The State shall promote social justice in all phases of national development.
o Social Justice
 Those who have less in life should have more in law.
 o To signal the urgency of promoting social justice, an entire (Article XIII), is
devoted to the subject.
 SECTION 11. The State values the dignity of every human person and guarantees full
respect for human rights.
o Personal dignity and human rights
 SECTION 12. The State recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. It shall equally protect
the life of the mother and the life of the unborn from conception. The natural and
primary right and duty of parents in the rearing of the youth for civic efficiency and the
development of moral character shall receive the support of the Government.
o The family as basic social institution
 The family here is to be understood as a stable heterosexual
relationship whether formalized by civilly recognized marriage or not.
o Protection of the Unborn
 It does not assert that the life of the unborn is placed on exactly the
same level as the life of the mother.
 It recognizes that, when necessary to save the life of the mother, it may
be necessary and legitimate to sacrifice thelife of the unborn.
 The provision, in fact, is intended primarily to prevent the state from
adopting the doctrine in the US SC Decision of Roe vs. Wade which
liberalized abortion laws up to the 6th month of pregnancy by allowing
abortion at the discretion of the mother anytime during the first six mo
the when it can be done without danger to the mother.
 The unborn’s entitlement to protection begins from conception.
o Natural rights and duty of parents
 Logical corollary to the recognition of the family as the basic social
institution.
 The 1987 provision has added the adjective primary to modify the rights
of parents. It imports the assertion that the right of parents is superior
to that of the state.
 Meyer vs. Nebraska, a statute prohibiting the teaching of German to
students up to a certain age was declared invalid.
 Pierce vs. Society of Sisters, invalidated a law requiring children up to a
certain age to go to public schools only.
 This provision also highlights the inherent duty of the state to act as
parens patriae and to protect the rights of persons and individuals who
because of age and inherent incapacity, they are in an unfavorable
position vis-á-vis other parties. Court decisions have called attention to
the inherent connection between the duty of the state as parens patriae
and the concern of the fundamental law for strengthening of the family
as basic social institution.
 SECTION 13. The State recognizes the vital role of the youth in national 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.
o Vital role of the youth
 SECTION 14. The State recognizes the role of women in nation-building, and shall ensure
the fundamental equality before the law of women and men.
o Equality of men and women
 This provision is new. Beyond stating that women do have a role in
nation building, the provision makes the more important assertion that
there exists a fundamental equality of women and men before the law.
  There was, however, no intent to advocate absolute sameness because
there are obvious biological differences between men and women.
 It was precisely to make room for these natural differences that the
provision was made to read fundamental equality before the law.
 SECTION 15. The State shall protect and promote the right to health of the people and
instill health consciousness among them.
o The right to health
o Discussed under Article XIII, as an aspect of social justice
 SECTION 16. The State shall protect and advance the right of the people to a balanced
and healthful ecology in accord with the rhythm and harmony of nature.
o Right to a balanced and healthful ecology
 This was drafted at a time when there was a growing concern about the
preservation of a healthy environment.
 To mak eenvironmnetal protection and ecological balance conscious
object of police power.
o The provision found its first application in the case of Oposa vs. Factoran, Jr.
 The case involved 34 minor who went to court represented by their
parents pleading the cause of inter-generational responsibility and inter-
generational justice and asking the SC to order the Secretary of Natural
Resources to cancel all existing timber license agreements. The minors
filed the action for themselves as representing their generations as well
as generations yet unborn.
 The Court, on the basis of Section 16 linked with right to health,
recognized a right to a balance and healthful ecology and the correlative
duty to refrain from impairing the environment.
 SECTION 17. The State shall give priority to education, science and technology, arts,
culture, and sports to foster patriotism and nationalism, accelerate social progress, and
promote total human liberation and development.
o Education, science and technology, arts, culture and sports
o This is meant to be the flagship provision for Article XIV. It sees education and
total human development as the getaway not only to intellectual and moral
development but also to economic advancement and the cultivation of the
yearning for freedom and justice.
 SECTION 18. The State affirms labor as a primary social economic force. It shall protect
the rights of workers and promote their welfare.
o In affirming labor as a primary social economic force, proclaims the primacy of
the human factor over the non-human factors of production.
o It is really an assertion of the supremacy of human dignity over things.
o In the process of production, labor is always a primary and efficient cost while
capital remains a mere instrument.
 SECTION 19. The State shall develop a self-reliant and independent national economy
effectively controlled by Filipinos.
o Commands an independent and nationalist approach to economic development.
 SECTION 20. The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provides incentives to needed investments.
o Affirms that the private sector is an indispensable engine of development.
 SECTION 21. The State shall promote comprehensive rural development and agrarian
reform.
o Comprehensive rural and Agrarian policy
o Rural development is not just agricultural development but rathe it
encompasses a broad spectrum of social, economic, human, cultural, political
and even industrial development.
  SECTION 22. The State recognizes and promotes the rights of indigenous cultural
communities within the framework of national unity and development.
o The welfare of indigenous cultural communities
 SECTION 23. The State shall encourage non-governmental, community-based, or
sectoral organizations that promote the welfare of the nation.
o Community based private organizations
o The provision recognizes the principle that volunteerism and participation of
non-governmental organizations in national development should be
encouraged.
 SECTION 24. The State recognizes the vital role of communication and information in
nation-building.
o Communications
 SECTION 25. The State shall ensure the autonomy of local governments.
o Local autonomy
o The fulfillment of this constitutional mandate was when Local Government Code
was enacted.
 SECTION 26. The State shall guarantee equal access to opportunities for public service,
and prohibit political dynasties as may be defined by law.
o Political Dynasties
 The thrust of this provision is to impose on the state the obligation of
guaranteeing equal access to public office.
 Although the provision speaks in terms of service, it is meant to be a
blow in the direction of democratizing political power.
 SECTION 27. The State shall maintain honesty and integrity in the public service and
take positive and effective measures against graft and corruption.
o Honesty and Integrity in Public Service
o Is a constitutional confession of the prevalence of graft and corruption.
 SECTION 28. Subject to reasonable conditions prescribed by law, the State adopts and
implements a policy of full public disclosure of all its transactions involving public
interest.
o Honesty and Integrity in Public Service
o The policy of full public disclosure enunciated in Section 28 complements the rig
to access to information on matters of public concern found in the bill of rights.
o The right to information guarantees the right of the people to demand
information; this provision recognizes the duty of officialdom to give
information even if nobody demands.
o The provision, however, is not self-executory.

C. Separation of Powers
 In essence, separation of powers means that legislation belongs to Congress, execution
to the executive, settlement of legal controversies to the judiciary.
 Each is prevented from invading the domain of the others.
 The separation is not total. The system allows for checks and balances.

D. Checks and Balances

 System of checks and balances, 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.
 Thus, for instance, legislation needs the final approval of the President; the president
cannot act against laws passed by congress and must obtain the concurrence of congress
to complete certain significant acts; money can be released from the treasury only by
 authority of Congress. The SC can declare acts of congress or of the president
unconstitutional.
 The purpose of separation of powers and checks and balances is to prevent the
concentration of powers in one department and thereby avoid tyranny.

E. State Immunity
 Section 3, Article XVI, General Provisions. The State cannot be sued without its consent.
 Doctrine of Sovereign Immunity
o Santos vs. Santos, based the principle on juridical and practical notion that the
state can do no wrong.
o Philippine jurisprudence also accepted Holmes’ formulation to the effect that a
sovereign is exempt from suit, not because of any formal conception or obsolete
theory, but on the logical and practical ground that there can be no legal right as
against the authority that makes the law on which the right depends.
o Metran vs. Paredes. In a Republican State, like the Philippines, government
immunity from suit without its consent is derived from the will of the people
themselves in freely creating a government of the people, by the people, and for
the people – a representative government through which they have agreed to
exercise the powers and discharge the duties of their sovereignty for the
common good and general welfare.
o Providence Washington Insurance Co. vs. Republic of the Philippines. A continued
adherence to the doctrine of non-suability is not to be deplored for as against
the inconvenience that may be caused private parties, the loss of government
efficiency and the obstacle to the performance of its multifarious functions are
far greater if such a fundamental principle were abandoned and the availability
of judicial remedy were not restricted. With the well known propensity on the
part of our people to go to court, at the least provocation, the loss of time and
energy required to defend against law suits, in the absence of such basic
principle that constitutes such an effective obstacle, could be very well
imagined.
 When a suit is against the state
o The rule in Section 3 which textually expresses established jurisprudence on the
subject is that the State may not be sued without its consent.
o Necessarily, therefore, cases on this subject must deal with the dual question of
whether the suit is one against the state and, if it is, whether the state has
consented to be sued.
o When the suit is one against the Republic of the Philippines eo nomine the suit is
one clearly against the state.
 When the suit is against unincorporated agencies
o When the suit is directed against an unincorporated government agency which,
because unincorporated, possess no juridical personality, the suit of necessity is
against the person of the agency’s principal, and consent or absence of consent
of the principal must be determined.
o Metran vs. Paredes. Metran was not a corporation. The dismissal of the case
against Metran was predicated solely on the fact that, being a governmental
agency possessing no juridical personality of its own, a suit against Metran was
in fact a suit against the government whose consent had not been given.
o Subsequent cases made a distinction between unincorporated government
agencies performing governmental function and those performing proprietary
functions.
o Angat River Irrigation System vs. Angat River Worker’s Union. Its Immunity from
suit was upheld. The system was a division of the Bureau of Public Works and
 had the governmental tasks of maintaining and operating the irrigation system
of the Province of Bulacan.
o National Airport Corporation vs. Teodoro, the SC had said that: not all
government entities, whether corporate or non-corporate, are immune from
suits. Immunity from suits is determined by the character of the objects for
which the entity was organized.
 Here, the NAC was found to come under the category of private entity
whose function was not to maintain a necessary function of the
government, but to run what is essentially a business, even if revenues
be not its prime objective but rather the promotion of travel and
convenience of the traveling public. Hence, the plea of immunity was not
upheld.
o The fact, however that an unincorporated government entity performs a
proprietary function does not necessarily mean that it does not enjoy immunity
from suits. If the proprietary and non-governmental function is undertaken as
an incident to its governmental function, immunity is not lost.
o Sovereign immunity, granted as to the end, should not be denied as to the
necessary means to that end.
 Suits against government officers
o Whether or not government immunity from suit can be pleaded in a suit against
government officers is made to turn on whether ultimate liability will fall on the
government.
o Where, however, the government no longer has an interest to protect in the
outcome of a suit, a suit against an officer will not be considered a suit against
the government.
 Ruiz vs. Cabahug. Here, the government had already set aside the
amount needed to cover the bill for architectural and engineering
services rendered in the construction of the Veterans Hospital. The suit
against the government officer merely sought to determine how the
amount set aside by the government was to be partitioned among the
various collaborating architects and engineers.
 Thus, it will be found, as illustrative of what has been above said, that
nearly all the cases wherein the rule of immunity from suit against the
state, or a subdivision thereof, has been applied and upheld, are those
which demanded a money judgment, and wherein the discharge of the
judgment, if obtained, would require the appropriation or an
expenditure therefrom, which being legislative in it character is a
province exclusively of the political departments of the state.
 When, therefore, officers or agents of the state, although acting officially
and not as individuals, seize the private property of a citizen, the state
having no valid right or title thereto, or trespass upon the property or
damage it, the jurisdiction of the to eject the officers or agents, or to
enjoin them from further trespass or damage, in a suit by the owner
against the officers or agents, is a well-settled in the jurisprudence of
this country as is the general rule first above mentioned; for in such a
suit no relief is demanded which requires any affirmative action on the
part of the state.
o Similarly, where the liability of an officer is personal because it arises from a
tortious act in the performance of his duties, the officer cannot plead sovereign
immunity from suit.
o The rule on immunity of the state may be relaxed where its strict application
will result in an injustice.
  Thus, where a petitioner sued the government for construction work
done in government’s low cost housing program, although the basis of
the suit was an implied contract which was found to be invalid, the
court nevertheless allowed the petitioner to collect on a quantum
meruit basis. EPG Construction vs. Vigilar (2001)
 Suit against government-owned corporations
o Manila Hotel Employees Association vs. Manila Hotel. It was held in this case that
by engaging in a particular business through the instrumentality of a
corporation, the government divest itself pro hac vice of its sovereign character,
so as to tender the corporation subject to the rules of law governing private
corporations.
o The implication here seems to be that it is the business character of the
corporation and not its corporate character which divests it of the immunity
which its owner-sovereign enjoys.
o Even on the case of government-owned corporations performing governmental
functions, suability is made to depend not on the separate corporate personality
of the entity but on the express grant of authority “to sue and be sued”.
o Therefore, it may be said that if the government conducts business operation
through an entity, whether corporate or non-corporate, set up primarily for a
business purpose, such entity enjoys no immunity even if there’s no express
grant of authority to sue and be sued. When, however, the government
establishes a corporation for a government purpose, such corporation may be
sued if the law creating it makes it suable; if the law does not, then it partakes of
the immunity of its sovereign principal.
o While this is also true in the case of municipal corporations, which by their
charters are invariably empowered to sue and be sued, municipal corporations
nevertheless do share in the immunity of the sovereign.
 This is manifested in the principle that a municipal corporation cannot
be made liable for the torts of its officers in the performance of
government functions except in those instances where the law expressly
makes them so liable.
 Waiver of immunity
o Waiver must be controlled by the legislature.
o Waiver may be express or implied.
o Consent to be sued may be given by the legislature through a special law or by
general law.
o A special law waiving immunity may come in the form of a private bill
authorizing named individual to bring suit on a specified claim.
o A general law authorizes any person who meets the condition stated in the law
to sue the government in accordance with the procedure specified in the law.
o Aside from express waiver of immunity, either through a general or special law,
immunity may also be waived by an implied consent to be sued.
 Santos vs. Santos. Held that when the state or its government enters into
a contract, through its officers or agents, in furtherance of a legitimate
aim and purpose and pursuant to constitutional legislative authority,
whereby mutual or reciprocal benefits accrue and rights and obligations
arise therefrom,… the state itself may be sued even without its express
consent, because by entering into a contract the sovereign state has
descended to the level of the citizen and its consent to be sued is implied
from the very act of entering into such contract.
o The doctrine of waiver through contract was again applied in Santiago vs.
Republic, where the Court held that, a donor, with the Republic or any of its
 agencies as donee, is entitled to go to court in case of an alleged breach of the
conditions of such donation.
 But the court has also clarified that for the contract to constitute waiver
of immunity, it must be entered into by the proper officer acting within
the scope of his authority.
o Consent to be sued is also impliedly given, according to National Airports
Corporation vs. Teodoro, when the state authorizes an agency “not to maintain a
necessary function of government, but to run what is essentially a business”.
 By engaging in an enterprise normally undertaken by a private sector
the state descends to the level of a private citizen and to that extent
sheds a measure of its sovereignty.
 However, as already noted in Mobil Oil, when the business operation is
merely incidental to the performance of governmental functions,
immunity is not waived.
o It has also been held that when the state through its duly authorized officers
take the initiative in a suit against a private party, it descends from its
privileged position to the level of a private individual and thereby opens itself to
whatever counterclaims or defenses the private individual may have against the
state.
 However, there is no implied waiver of immunity when the state files a
complaint in intervention merely to resists a claim against private party
precisely on the ground, among others, of its privileged position which
exempts it from suit.
o Waiver of immunity, in fact, is not facilely inferred.
 Suability, liability, execution
o Merritt vs. Government. When the state consents to be sued, it cannot be
inferred from such consent that the state concedes its liability. Consent simply
means waiver of immunity from suit and it does not deprive the state of the
right to interpose any lawful defense.
o It should also be noted that even when the government has been adjudged liable
in a suit to which it has consented, it does not necessary follow that the
judgment can be enforced by execution.

II. LEGISLATIVE DEPARTMENT

 Article VI, 1987 Philippine Constitution
A. Legislative Power
1. Scope and limitations
 Legislative power is the authority to make laws and to alter and repeal them.
 As vested by the Constitution in Congress, it is a derivative and delegated power.
 The Constitution fixes limits to the exercise of legislative authority, and prescribe the
orbit within which it must move.
 Corollary to this plenary grant of legislative power, it follows that the Congress alone
can make laws and Congress may not delegate its law making power. This is the
principle of non-delegability of legislative power.
 Another corollary is that Congress cannot pass irrepealable laws.
 The holders of legislative power: Congress; people through initiative and referendum;
President in emergency
o SECTION 1. The legislative power shall be vested in the Congress of the
Philippines which shall consist of a Senate and a House of Representatives,
except to the extent reserved to the people by the provision on initiative and
referendum.
 o The original legislative power belongs to the people who, through the
Constitution, confer derivative legislative power on the legislature.
 But the grant of national legislative power to congress under the 1987
Constitution is not exclusive.
 Section 1 says that legislative power is vested in Congress except to the
extent reserved to the people by the provision on initiative and
referendum.
 The people have reserved to themselves the authority to correct
legislative mistakes or to supplement legislative inadequacies
whether on the national level or on the level of local legislation.
2. Principle of non-delegability
 At least 3 distinct ideas have contributed to the development of the principle that
Legislative Power cannot be delegated. One is the doctrine of separation of powers:
why go the trouble of separating 3 powers of government if they can straightway
reemerge on their own motion? The second is the concept of due process of law,
which precludes the transfer of regulatory functions to private persons. Lastly, there
is that maxim of Agency“Delegata potestas non potest delegari”.
 In spite of the principle of non-delegability of legislative power, it is common
knowledge that numerous statutes have been passed creating administrative
agencies and authorizing them to exercise vast regulatory powers.
o The rules and regulations they issue have the force of law.
o The phenomenon has been justified by two different theories:
 The first theory is that a non-legislative body may be authorized to
fill up the details of a statute;
 The other theory, also enunciated by Marshall, is that Congress may
pass contingent legislation, that is, legislation which leaves to
another body the business of ascertaining the facts necessary to
bring the law into actual operation.
o Under both of the above theories, the function performed by the
administrative agency’s not law-making but law-execution. In order to
ensure that the power delegated by the legislature is not law-making power,
the statute making the delegation must:
 Be complete in itself. It must set forth therein the policy to be
carried out or implemented by the delegate;
 Fix a standard/ sufficiency of standards are satisfied. The limits of
which are sufficiently determinate or determinable- to which the
delegate must conform in the performance of his functions.
o Provided the above requirements of completeness and sufficiency of
standards are satisfied, the regulations passed by an administrative body
pursuant to the delegation made by the statute are just as binding as if the
regulation had been written in the original statute itself. If, however, these
requirements are not satisfied, the regulation will not be allowed to affect
private rights.
o The rationale behind allowing administrative agencies to promulgate
supplementary rules was: as a result of growing complexity of the modern
society, it has become necessary to create more and more administrative
bodies to help in the regulation of its ratifies activities. Specialized in the
particular field assigned to them, they can deal with the problems thereof
with more expertise and dispatch than can be expected from the legislature
or the courts of justice.
o The firm rule, moreover, remains that administrative agencies may not issue
regulations that contravene the law.
  Exceptions
o One recognized exception to the rule on non-delagability of legislative
power is that local governments may be allowed to legislate on purely local
matters.
 This is an exception which according to Rubi vs. Provincial Board, is
sanctioned by immemorial practice.
o It is necessary that the delegating statute follow the rules for valid
delegation applicable to the empowerment of administrative agencies.
o It should be noted, moreover, that on the local level the principle of
separation of powers does not apply strictly between the executive and the
law-making body.
o Thus, in people vs. Vera, the SC decLaredo unconstitutional a statute which
left the activation of a probation system to the discretion of the provincial
board.
B. House of Congress: Composition; Qualifications of members
1. Senate
 Composition and election of senate
o SECTION 2. The Senate shall be composed of twenty-four Senators who shall
be elected at large by the qualified voters of the Philippines, as may be
provided by law
 The senators are elected at large, that is, senatorial candidates
submit themselves to a vote of the entire national electorate.
 Qualification of Senators
o SECTION 3. No person shall be a Senator unless he is a natural-born citizen
of the Philippines, and, on the day of the election, is at least thirty-five years
of age, able to read and write, a registered voter, and a resident of the
Philippines for not less than two years immediately preceding the day of the
election.
 Must be 35 years old at the date of the election.
 Term of Office of Senators
o SECTION 4. The term of office of the Senators shall be six years and shall
commence, unless otherwise provided by law, at noon on the thirtieth day
of June next following their election.
No Senator shall serve for more than two consecutive terms. Voluntary
renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he
was elected.
 Senatorial elections take place every 3 years and all are elected for a
six-year term.
2. House of Representatives
 Composition of House of Representatives
o SECTION 5. (1) The House of Representatives shall be composed of not
more than two hundred and fifty members, unless otherwise fixed by
law, who shall be elected from legislative districts apportioned among
the provinces, cities, and the Metropolitan Manila area in accordance
with the number of their respective inhabitants, and on the basis of a
uniform and progressive ratio, and those who, as provided by law, shall
be elected through a party-list system of registered national, regional,
and sectoral parties or organizations
o (2) The party-list representatives shall constitute twenty per centum of
the total number of representatives including those under the party list.
For three consecutive terms after the ratification of this Constitution,
 one-half of the seats allocated to party-list representatives shall be filled,
as provided by law, by selection or election from the labor, peasant,
urban poor, indigenous cultural communities, women, youth, and such
other sectors as may be provided by law, except the religious sector.
o (3) Each legislative district shall comprise, as far as practicable,
contiguous, compact, and adjacent territory. Each city with a population
of at least two hundred fifty thousand, or each province, shall have at
least one representative.
o (4) Within three years following the return of every census, the
Congress shall make a reapportionment of legislative districts based on
the standards provided in this section.
 Section 5(1), provides for 2 kinds of representatives:
i. District representatives
ii. Party-list systems
iii. Section 5(2) adds a third kind: sectoral representatives. However, sectoral
representation in the house of representative will last only for 3 consecutive
terms after the ratification of the constitution.
 District Representatives; Question of Apportionment
o Section 5(1), prescribes that district representatives, “shall be elected from
legislative districts apportioned among the provinces, cities and the
Metropolitan Manila area in accordance with the number of their respective
inhabitants, and in the basis of a uniform and progressive ratio.
o The underlying principle behind this rule for apportionment is the concept of
equality of representation, which is a basic principle of republicanism.
o Apportionment
 Means to divide.
 The rules for dividing cities and provinces and metropolitan Manila
area as well as other metropolitan areas which might be created in the
future are set down in Section 5.
 The first basic rule is found under Section 5(1);
 The second rule is stated in Section 5(2); Each legislative districts
shall comprise, as far as practicable, contiguous, compact and
adjacent territory.
o This rule is a prohibition of “gerrymandering”.
o Gerrymandering means the creation of representative
districts out of separate portions or territory in order to
favor a candidate.
 A third rule is found in Section 5(3) is that each city with
population of at least 250K, or each province, shall have at
at least 1 representative.
o If a city is smaller than the minimum size required,
it will simply be represented as part of one of the
districts within the province.
o A province however, is entitled to one
representative no matter what its population size.
This, in effect, is an exception to the rule on
proportional representation.
 The 4th rule is found in Section 5(4). It says, within 3 years
following the return of every census, the congress shall
make a re apportionment of legislative districts based on
the standards provided in this section.
 o This provision is intended to allow for correction of
imbalances in representation due to rise and
movements of population.
o The jurisdiction that observance of the
constitutional mandate regrading apportionment of
representative districts is a justifiable question
cognizable by courts.
 New legislative districts may be created only by law. In Sema vs.
COMELEC, the SC ruled that Section 19, Article VI of RA 9054,
insofar as it granted to the ARMM Regional Assembly the power to
create provinces and cities, which could in effect result in the
creation of legislative districts, was invalidated.
 It should also be noted that the creation of a representative district
is not the same as the creation of a new political subdivision.
 Party-list System
o The party list representatives will constitute 20% of the
total number of representatives including those under the
party-list.
o Thus, under a total membership of 250, a fully operative
party-list system would mean 200 district representatives
and 50 party-list representatives.
 Jurisprudence on the party-list system.
o The current party-list law is RA 7941.
o RA 7941 required parties, organizations and coalitions
participating in the system to obtain at least two percent of
the total votes cast for the party list system in order to be
entitled to a party-list seat.
 Those garnering more than this percentage may
have additional seats in proportion to their total
number of votes.
 Furthermore, no winning party, organization or
coalition may have more than 3 seats in the House
of Representatives.
 The court said, in the case of veterans federation
party et al. vs. COMELEC, that in imposing a 2%
threshold for parties to qualify for representation,
congress wanted to ensure that only those parties,
organizations and coalitions having a sufficient
number of constituents is deserving of
representation were actually represented in
congress.
 The court said that this intent could be
gleaned from the deliberations on the
proposed bill. Thus, the court additionally
ruled in veterans that the 20% prescription
of the constitution was merely a maximum
limit to the number of party list
representatives but the maximum need not
be filled.
 Qualifications of District and Party-list Representatives
o SECTION 6. No person shall be a Member of the House of Representatives
unless he is a natural-born citizen of the Philippines and, on the day of the
 election, is at least twenty-five years of age, able to read and write, and,
except the party-list representatives, a registered voter in the district in
which he shall be elected, and a resident thereof for a period of not less than
one year immediately preceding the day of the election.
o A party-list representative must possess the same qualifications except for
the exemption from the requirement of being a resident of a district for at
least 1year immediately preceding the election.
 This is because a party-list representative does not represent a
district.
o Ang bagong bayani et al. vs. COMELEC, seem to have amended the
Constitution by adding the requirement that party list nominees must
represent marginalized and underrepresented sectors.
o Additional qualification for party list nominees is that, he must be a bona
fide member of the party or organization which seeks to represent for at
least 90 days preceding the day of election. (RA 7941)
o Social justice society vs. Dangerous Drugs Board, the enumeration of
qualifications in Section 6 is exclusive. Congress may not add anything to it.
Thus the requirement in RA 9165, that candidates for public office should
undergo mandatory random drug testing was declared unconstitutional for
candidates for national office.
 Term of representatives
o SECTION 7. The Members of the House of Representatives shall be elected for
a term of three years which shall begin, unless otherwise provided by law, at
noon on the thirtieth day of June next following their election.
o No member of the House of Representatives shall serve for more than three
consecutive terms. Voluntary renunciation of the office for any length of time
shall not be considered as an interruption in the continuity of his service for
the full term for which he was elected.
 Filing vacancies
o SECTION 8. Unless otherwise provided by law, the regular election of the
Senators and the Members of the House of Representatives shall be held on
the second Monday of May.
o SECTION 9. In case of vacancy in the Senate or in the House of
Representatives, a special election may be called to fill such vacancy in the
manner prescribed by law, but the Senator or Member of the House of
Representatives thus elected shall serve only for the unexpired term.

C. Privileges, inhibitions, Disqualifications

 Salaries of Senators and Representatives
o SECTION 10. The salaries of Senators and Members of the House of
Representatives shall be determined by law. No increase in said
compensation shall take effect until after the expiration of the full term of all
the Members of the Senate and the House of Representatives approving
such increase.
 Immunities of a Senator or House Representatives
o SECTION 11. A Senator or Member of the House of Representatives shall, in
all offenses punishable by not more than six years imprisonment, be
privileged from arrest while the Congress is in session. No Member shall be
questioned nor be held liable in any other place for any speech or debate in
the Congress or in any committee thereof.
 o Privilege from arrest. In all offenses punishable by not more than 6 years
imprisonmnet, a senator or member of the House of Representatives shall
be privilege from arrest while the congress is in session.
o Parliamentary privilege of speech. They shall not be questioned nor be held
liable in any other place for any speech or debate in the congress or in any
committee thereof.
o When is privilege from arrest available?
 It is available while the congress is in session, whether the session is
regular or special, or whether or not the legislator is actually
attending his session.
o Is the privilege from arrest still available when Congress is in recess?
 Section 11 clearly states that it is available only while the congress
is in session. The reason for this is because the purpose of said
privilege is to protect a member of congress against harassment
which will prevent him from attending the session.
o What does phrase “for any speech or debate” include?
 They include any statement or utterances a legislator makes while
he is performing his official functions.
 Conflict of Interest
o SECTION 12. All Members of the Senate and the House of Representatives
shall, upon assumption of office, make a full disclosure of their financial and
business interests. They shall notify the House concerned of a potential
conflict of interest that may arise from the filing of a proposed legislation of
which they are authors.
o Reason: To prevent them from using the influence of their position and to
reduce, if not to eliminate, the propagation of their personal and business
interest, especially those which are contrary to and adverse to public
interest.
 Incompatible and forbidden Office
o SECTION 13. No Senator or Member of the House of Representatives may
hold any other office or employment in the Government, or any subdivision,
agency, or instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries, during his term without
forfeiting his seat. Neither shall he be appointed to any office which may
have been created or the emoluments thereof increased during the term for
which he was elected.
o Is the prohibition to hold incompatible office absolute?
 No. He can hold said Office if it shown that said other office or
employment is an extension of the legislative position or is in aid of
legislative duties.
o Effect of holding incompatible office
 The legislator concerned automatically forfeit his seat in Congress.
 Inhibitions and disqualifications of a senator or a member of the House of
Representatives
o SECTION 14. No Senator or Member of the House of Representatives may
personally appear as counsel before any court of justice or before the
Electoral Tribunals, or quasi-judicial and other administrative bodies.
Neither shall he, directly or indirectly, be interested financially in any
contract with, or in any franchise or special privilege granted by the
Government, or any subdivision, agency, or instrumentality thereof,
including any government-owned or controlled corporation, or its
subsidiary, during his term of office. He shall not intervene in any matter
 before any office of the Government for his pecuniary benefit or where he
may be called upon to act on account of his office.
o Section 14 speaks of 3 inhibitions:

1. Prohibition to appear as counsel. During their term of office, they

cannot personally appear as counsel in: any court of justice; or
before electoral tribunals; or before quasi-judicial and other
administrative bodies.
2. Prohibition from being financially interested in any contract. During
their term of office, they cannot directly or indirectly, be interested
financially: in any contract with, or in any franchise or special
privilege granted by, the government, or in any subdivision, agency
or instrumentality thereof, including any GOCC or its subsidiary.
3. Prohibition not to intervene. During their term of office, they shall
not intervene in any matter before any office of the government for
their pecuniary benefit or where they may be called upon to act on
account of their office.

o Is the disqualification of a lawyer-legislator to practice his profession

absolute?
 No. When it pertains to appearance during the tria, or a hearing any
judicial or quasi-judicial body, the same may be made not by him
but by any of the associate of his law firm.
o Are all contracts or transactions of the government barred by Section 14, Art.
VI?
 What is barred are only those contracts from which a legislator is
expected to derive gain or profit at the expense of the government
or any of its agencies or instrumentalities.

D. Process of law-making
E. Quorum and voting majorities
 Sessions
o SECTION 15. The Congress shall convene once every year on 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 days before the opening of its next regular session, exclusive of Saturdays,
Sundays, and legal holidays. The President may call a special session at any time.
o Two kinds of sessions:
 Regular session. The congress shall convene once every year on the 4th
Monday of July for its regular session, unless a different date is fixed by
law.
 Special session. A special session may be called by the president at any
time.
o What is sine die session?
 It is one held without day, by staying the hands of the clock definitely at
a certain time and continuing the session indefinitely. US vs. Pons
o How long shall congress hold a session?
 Congress shall, continue to hold session for such number of days it may
determine until 30 days before the opening of the next regular session,
excluding Sunday, Saturday’s and legal holidays.
o Is the mandatory period of recess fixed at 30 days before the opening of the next
regular session?
  Not really. Congress may determine if this will be prolonged or not.
What it cannot control is the power of the president to call a special
session because the necessity of calling the same on the discretion of the
President.
o What are the instances when congress meets even without the president’s call?
1. When the congress meet to canvass the votes and returns of the election
of the president and the vice-president. Section 4, Article VII
2. When congress convenes in accordance with its rules to enact a law
calling for a special election to elect a president and a vice-president.
Section 10, Article VII
3. When the House of Representatives acts on a verified complaint for
impeachment, or indorse the same, and the senate subsequently tries
and decides on the articles of impeachment endorsed by the house or
representatives. Section 3, Article XI
4. Following the proclamation of martial law or suspension of a privilege
of the writ of habeas corpus, and 24 hours following such proclamation
or suspension, Congress shall convene in accordance with its rules
without a need of call. Section 18, Article VII
o When are joint sessions called, and how shall the two houses of congress vote?
 There shall be joint session of the two houses of congress in the
following occasions:
1. When they choose the President of the Philippines under
Section 4, Article VII;
2. When they determine the disability of the president under
Section 11, Article VII;
3. When they confirm the nomination of the VP under Section 9,
Article VII;
4. When they propose constitutional amendments under Section 1,
Article XVII;
5. 2/3 votes of both houses in joint session assemble, voting
separately, is needed to declare the existence of a state of war.
 In all said instances, both houses meet in joint session but they vote
separately.
o When do they meet in joint session and vote jointly?
1. When they revoke or extend the proclamation of martial law or a
proclamation suspending the privilege of the writ of habeas corpus
under Section 18, Article VII;
2. Both houses cannot, during sessions, adjourn for more than three days,
or transfer to a place other than that in which the two houses shall be
siting without the consent of the other.
 Quorum
o SECTION 16. (1) The Senate shall elect its President and the House of
Representatives its Speaker, by a majority vote of all its respective Members.
o Each House shall choose such other officers as it may deem necessary.
o (2) A majority of each House shall constitute a quorum to do business, but a
smaller number may adjourn from day to day and may compel the attendance of
absent Members in such manner, and under such penalties, as such House may
provide.
o (3) Each House may determine the rules of its proceedings, punish its Members
for disorderly behavior, and, with the concurrence of two-thirds of all its
Members, suspend or expel a Member. A penalty of suspension, when imposed,
shall not exceed sixty day
 o (4) Each House shall keep a Journal of its proceedings, and from time to time
publish the same, excepting such parts as may, in its judgment, affect national
security; and the yeas and nays on any question shall, at the request of one-fifth
of the Members present, be entered in the Journal.
o Each House shall also keep a Record of its proceedings.
o (5) Neither House during the sessions of the Congress shall, without the consent
of the other, adjourn for more than three days, nor to any other place than that
in which the two Houses shall be sitting.
o What constitutes a quorum to do business in each house?
 A majority of all the members 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. Section 16(2), Article
VI
o Define quorum.
 The number of persons of the body which, when legally assembled in
their places, will enable the body to transact its proper business, or, in
other words, that number that makes a lawful body and give it power to
pass a law or ordinance or do any other valid corporate act. Javellana vs.
Tayo
 Journals
o What, if any, is the difference between a legislative journal and an Enrolled Bill?
 The Enrolled Bill is the official copy of an approved legislation which
bears the certification of the presiding officer of the legislative body.
 In mabanag vs. Lopez Vito, the SC ruled that the Enrolled Bill
shall prevail over the journal. The Enrolled Bill is conclusive
upon the courts as regards the tenor of the measure passed by
congress and approved by the president.
 A legislative journal is a book containing the records of the proceedings
of the legislature.
o What is the probative value of journals?
 It is a conclusive evidenced the contents thereof.
o What is the importance of Journals?
1. They are the best source of information on what actually took place
during the proceeding in each house.
2. As such, they serve as reference to authors, researchers and historians,
especially in cases where there is a need to dig deeper into the intention
of the legislators who took part in the debates.
3. The publication of journals is in line with the right to information on
matters of public concern.
o What should be contained in a journal?
1. The yeas and nays on any question, at the request of 1/5 of the
members present. Article 6, Section 16(3).
2. The yeas and nays on the final passage of every bill. Section 26(2),
Article 6
3. The yeas and nays, the name of the members voting for or against any
bill. Section27(1), Article Vi
4. The objection of the president to any bill which he has disapproved.
Article VI, Section 27(1)
o When a co-equal department repudiates the Enrolled Bill like what happened in
Astorga vs. Villegas where the presiding officer repudiates his signature in the
Enrolled Bill, will the latter still prevail over the journal?
  In such a case, the journal must be accepted as conclusive.
 Adjournment
o What are the two prohibitions mentioned in Section 16(5), Article VI?
1. During sessions of the congress, neither house shall adjourn for more
than 3 days without the consent of the other;
2. During the sessions of congress, neither house shall adjourn to any
other place than that in which two houses shall be sitting.
F. Discipline of Members
o Who determines the rules of proceedings of each house?
 Each house may determine the rules of its proceedings. Section 16(3),
Article VI.
o Who punishes, suspends or expels the members of each house for disorderly
behavior?
 Each house may punish, suspend or expel its members for disorderly
behavior, but subject to the following conditions:
1. Said punishment, suspension or expulsion must have the
concurrence of 2/3 of all its members;
2. A penalty of suspension, when imposed, shall not exceed 60 days.
Section 16(4), Article VI.
o What constitutes disorderly behavior and who determines if a disorderly behavior
was committed?
 It depends on congress to determine what constitutes the disorderly
behavior being complained of, and if the same was indeed committed. Thus
matter is considered a political question and which is beyond the ambit of
judicial interference or review.
 Any expulsion or suspension of a member, however, which violates the two
conditions aforementioned (2/3 concurrence, 60 day period) is considered
as a justiciable question.
G. Appropriation and re-alignment
 SECTION 15. The Congress shall convene once every year on 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 days before the opening
of its next regular session, exclusive of Saturdays, Sundays, and legal holidays. The
President may call a special session at any time.
H. Legislative inquiries and oversight functions
 SECTION 21. The Senate or the House of Representatives or any of its respective
committees may conduct inquiries in aid of legislation in accordance with its duly
published rules of procedure. The rights of persons appearing in or affected by such
inquiries shall be respected.
 The power of legislative investigation (investigation in aid of legislation) is
available to both houses of congress.
 The power of legislative investigation includes the following:
1. The power to conduct inquiry in aid of legislation in accordance with its
duly published rules of procedure;
2. The power to issue summons and notices in connection with matters
subject of its investigation or inquiry
3. The power to punish or declare a person in contempt during or in the
course of legislative investigation
4. The power to determine the rules of its proceedings
 SECTION 22. The heads of departments may upon their own initiative, with the consent
of the President, or upon the request of either House, as the rules of each House shall
provide, appear before and be heard by such House on any matter pertaining to their
 departments. Written questions shall be submitted to the President of the Senate or the
Speaker of the House of Representatives at least three days before their scheduled
appearance. Interpellations shall not be limited to written questions, but may cover
matters related thereto. When the security of the State or the public interest so requires
and the President so states in writing, the appearance shall be conducted in executive
session.
I. Power of Impeachment
J. Electoral Tribunals
 SECTION 17. The Senate and the House of Representatives shall each have an Electoral
Tribunal which shall be the sole judge of all contests relating to the election, returns, and
qualifications of their respective Members. Each Electoral Tribunal shall be composed of
nine Members, three of whom shall be Justices of the Supreme Court to be designated by
the Chief Justice, and the remaining six shall be Members of the Senate or the House of
Representatives, as the case may be, who shall be chosen on the basis of proportional
representation from the political parties and the parties or organizations registered
under the party-list system represented therein. The senior Justice in the Electoral
Tribunal shall be its Chairman.
 SECTION 19. The Electoral Tribunals and the Commission on Appointments shall be
constituted within thirty days after the Senate and the House of Representatives shall
have been organized with the election of the President and the Speaker. The
Commission on Appointments shall meet only while the Congress is in session, at the
call of its Chairman or a majority of all its Members, to discharge such powers and
functions as are herein conferred upon it.

K. Commission on Appointments
 SECTION 18. There shall be a Commission on Appointments consisting of the President
of the Senate, as ex officio Chairman, twelve Senators, and twelve Members of the House
of Representatives, elected by each House on the basis of proportional representation
from the political parties or organizations registered under the party-list system
represented therein. The Chairman of the Commission shall not vote, except in case of a
tie. The Commission shall act on all appointments submitted to it within thirty session
days of the Congress from their submission. The Commission shall rule by a majority
vote of all the Members.

L. Initiative and Referendum

 SECTION 32. The Congress shall, as early as possible, provide for a system of
initiative and referendum, and the exceptions therefrom, whereby the people can
directly propose and enact laws or approve or reject any act or law or part thereof
passed by the Congress or local legislative body after the registration of a petition
therefor signed by at least ten per centum of the total number of registered voters,
of which every legislative district must be represented by at least three per centum
of the registered voters thereof.
 The power of initiative and referendum is thus the power of the people directly to
propose and enact laws or approve or reject any act or law or part thereof passed by
the Congress or local legislative body.
 The purpose is to institutionalize people power by providing for an instrument
which can be used should the legislative show itself indifferent to the needs of the
people.
 The implementing legislation is Republic Act 6735: An Act Providing for a System of
Initiative and Referendum and Appropriating Funds Therefore.