Constitution: based on the concept of the higher law; highest law of the land; most fundamental

Functions:
- Lays down the structure of the government; architectural blueprint of the government
- Lays down the basis of the rights of the citizens
- Lays down the manner by which the common good will be promoted (general welfare)

People: author and ratificator of the Constitution
Constitutional law: studying the interpretations of the provisions and jurisprudence

Natural law: reason ethical
Constitution: limits the power of the government
Statutes: inferior
: laws made by Congress
: RAs, PDs, BPs

*Doctrine of Constitutional Supremacy: every acts of the government should conform with its
Constitution

Parts of the Constitution
o Constitution of Government parts of Constitution that lay down the structure of the
government
o Constitution of Liberty - portion of the Constitution which set forth the fundamental and civil
rights of citizens
o Constitution of Sovereignty pertains to provisions concerning the manner of effecting
Constitutional amendment or revision

Classification
Written identified in a single document
Unwritten not embodied in a document
Conventional enacted at a definite time and place following a deliberate effort
Cumulative result of a political evolution
Rigid difficult to introduce amendments thereto
Flexible easily amended

According to Fr. Bernas
Normative: living Constitution establishes norms that direct governmental action
Nominal : exists on paper but NOT followed
: exemplified by countries under dictatorial rights
Semantic: paves way for the perpetration in office of the power holders
-1973 Constitution

Statutes:
Orthodox view statute is unconstitutional, thus, it NEVER existed
Modern view the court determines of its constitutionality

Doctrine of Purposeful Hesitation: statutes are presumed to be valid or constitutional unless proven
otherwise
The Philippines as a State
Elements:
o People: inhabitants of a State
Nation: ethnicity or race
Citizenship: allegiance
State: legal concept
o Territory: definite portion of the earths surface which is being claimed by the state
Terrestrial
Fluvial/maritime
Aerial
Article 1: National Territory (for educational purposes only)
o Government: agency to which the will of the State is formulated and carried out
: personification of the State
Executive: implements the law
Legislative: makes the law
Judiciary: temporary in nature; transitory in nature

Classifications of Government
1. Number of Rulers
Monarchy: ONE person exercises ALL the powers of government
Absolute Monarchy: the monarch is law
Limited Monarchy: constitutional monarchy
Aristocracy: MINORITY are the ones IN CONTROL
Democracy: MAJORITY are the ones who RULE
Direct: direct legislation the one who makes the law are the people
themselves
Republican/Indirect: political representation
2. Relationship between the national and local government
Federal: exemplifies strong local government (derives power from Constitution)
Unitary system: centralization of power
:derives power from the national government
3. Relationship between executive and legislative departments
Parliamentary: merging of executive and legislative
Prime Minister (E) Parliament (L)

People
Presidential: separation of executive and legislative
Executive Legislative

People
4. Legitimacy
De facto: ACTUAL possession of governmental of governmental powers WITHOUT
legitimacy
:valid EXCEPT acts with POLITICAL COMPLEXION 1. Positive changes in the
country
2. suspends those which are
in existence
:political laws of the legit government are suspended


Kinds of de facto government

1. Gets possession and control of, or usurps the rightful legal government or by the
voice of the majority (C. Aquino Presidency)
2. Established as an independent government by the inhabitants of a country who rise
in insurrection against the parent state (Mindanao)
3. Established and maintained by the military forces who invade and occupy a territory
of the enemy in the course of war (WWII Japanese Jose Laurel)

*Criminal law is said to be one of political complexion if:
it punishes an act NOT punishable under the regime of the legit
government
when the act is already punished in the existing municipal law
e.g.: treason
*during belligerent occupation ALL political laws are suspended EXCEPT military laws
-to make way for the loyalty of the Philippine army to the Philippine
government

Effects of de facto government
*Laurel - Effects of de facto laws when de jure resumed/restored:
-with POLITICAL COMPLEXION (promotes de facto government)
-valid UNTIL legit government is restored
-laws of NON-POLITICAL COMPLEXION
-governs ordinary transaction of citizens (laws of contract)
-personal transaction of citizens with each other (sale of land)
*valid & binding UNTIL & UNLESS the LEGITIMATE government REPEALS
them
*Co Kim Chan - private transaction; jurisdiction continues
*treason pending de jure restored jurisdiction ended = political complexion
*de facto in power = laws of legitimate suspended
Exception: law of defense/national defense act = NEVER suspended (military courts)

De Jure: established by legitimate sovereign
: it has a rightful title & exercises a power or control

Functions of the Government
o Constituent functions: constitute the very bonds of society and are therefore
compulsory
o Ministrant functions: those undertaken to advance the general interests of society, such
as public works, public charity, and regulation of the trade and industry merely
optional

Doctrine of Parens Patriae
- Protection of those who are unable to protect themselves non sui juris
*Cabaas v Pilapil



o Sovereignty: supreme and uncontrollable power inherent in a State by which a state is governed
Two Kinds of Sovereignty
Legal Sovereignty: authority which has the power to issue commands that are
enforceable to all
Political Sovereignty: sum of the influences that operate upon it;
:public sectors (electorate) that mold public opinion
Sovereignty may also be:
Internal: power of the State to control its domestic affairs; habitual obedience
External: power of the State to direct its relations with other States independence
*Sovereignty is permanent, exclusive, comprehensive, absolute, indivisible, inalienable and
imprescriptible.





































The Legislative Department makes the law amend or repeal

Original: from the people
Derivative: from the representatives of the people
Ordinary: power to make, amend, & repeal statutes
Constituent: power to make, amend & repeal the Constitution

The Senate
Senate as an institution is a continuing body but as regards to the conduct of day to day
business, it is NOT
Composition: 24 senators
Qualifications:
Natural-born Filipino citizen
At least thirty-five years old at the day of the election
Able to read and write
A registered voter
Resident of the Philippines for not less than two years immediately preceding the day of
election
*Qualifications are exclusive under the principle of expressio unius est exclusion alterius; what is
not included is deemed excluded
Term: 6 years; NOT more than TWO CONSECUTIVE terms
*Voluntary renunciation is NOT an interruption of the term

The House of Representatives
Composition: NOT more than 250 members UNLESS otherwise fixed by law
:party-list representatives shall constitute TWENTY PER CENTUM of the TOTAL
membership of the HOR
District Representatives
*When making reapportionment, the legislative shall see to it that EACH CITY with a population
of AT LEAST 250,000, and EVERY PROVINCE, shall have at least ONE REPRESENTATIVE
Qualifications:
Natural-born Filipino citizen
At least twenty-five years old at the day of the election
Able to read and write
A registered voter in the district in which he shall be elected
Resident thereof for a period of NOT less than one year immediately preceding the day
of the election











Party-list Representatives
Qualified groups for the party-list
1. National Political Party: policies, principles, ideologies, general platform
2. Regional Political Party
*Political party need not be sectoral BUT can CREATE a sectoral wing
3. Sectoral Parties
o Marginalized/Underrepresented
Handicapped
Urban poor
Laborer
Peasant
Indigenous people
Veterans
Overseas workers
Fisher-folk
o Lacking well-defined constituencies
Women
Youth
Professionals
Elderly
Nominees for sectoral representative
Belonging to the sector
Long track record of advocating for the cause, even NOT belonging to the sector
*Condition to run under the party-list
-registered under the party-list system in the COMELEC
*Inviolable parameters
Twenty percent allocation
Two percent threshold
Three-seat limit
Proportional representation
Term: 3 years; shall NOT serve for MORE than THREE CONSECUTIVE terms
*Term of HOR: A representative CANNOT be reelected even in the course that he resigned prior to the
expiration of his three-year consecutive term.

*Special Elections
o District Representative
- Under Sec. 2 RA 6645, it requires COMELEC:
1. to CALL a special election by FIXING the DATE of the special election, which shall NOT be
EARLIER than SIXTY (60) DAYS nor LATER than NINETY (90) DAYS AFTER the occurrence
of VACANCY
2. to GIVE NOTICE to the VOTERS, the OFFICE or OFFICES to be voted for
o Senate
- The special election shall be held SIMULTANEOUSLY with the NEXT SUCCEEDING election





Sessions:
Regular session
- FOURTH MONDAY OF JULY until THIRTY DAYS BEFORE the OPENING of its NEXT REGULAR
SESSION, EXCLUSIVE of Saturdays, Sundays, and legal holidays, UNLESS a DIFFERENT date is
fixed by LAW
Special session
- When the Congress is IN RECESS, or on SATURDAYS, SUNDAYS and LEGAL HOLIDAYS

Quorum
ANY number SUFFICIENT to TRANSACT business
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 those ABSENT
members in such manner, and under such penalties, as such House may provide.
*HOR CANNOT act on pending matters when the Senate is adjourned & vice versa.

Journals
- YEAS and NAYS of ANY question at the REQUEST of ONE-FIFTH of the members PRESENT
- VOTES taken on the THIRD READING of a BILL
- OBJECTIONS of the President when he VETOES a BILL
- NAMES of the MEMBERS of EACH house & the VOTE they had taken when the President
vetoes a bill
- VOTE of EACH of the MEMBERS of HOR DURING the impeachment
Records of Proceedings
o Enrolled bill (MOST RELIABLE COPY of the LAW)
- Very document signed by the presiding officers of both houses of Congress and the
President
o Journal Entry (CONSTITUTIONALLY REQUIRED)
- record of what is done & part in a legislative assembly
*JOURNAL ENTRY shall PREVAIL in case of CONFLICT with the ENROLLED BILL

Rights & Privileges of the Congress
Parliamentary Immunity
o Immunity from Arrest/
- A member of Congress shall, in ALL offenses PUNISHABLE by NOT MORE than SIX YEARS
IMPRISONMENT, be PRIVILEGED FROM ARREST while the Congress is IN SESSION.
*To ensure representation of the constituents of the member of the Congress by preventing
attempts to keep him from attending its sessions.
o Privilege of Speech & Debate
- NO member shall be QUESTIONED nor he HELD LIABLE in ANY other PLACE for ANY speech
or debate in the Congress or in ANY committee thereof.
- The REMARKS must be MADE WHILE the LEGISLATURE or the LEGISLATIVE COMMITTEE is
FUNCTIONING; IN SESSION
- REMARKS must be MADE in CONNECTION with the DISCHARGE of his OFFICIAL DUTIES
*Enables the legislator to express views bearing upon the public interest without fear of
accountability outside the halls of the legislature for his inability to support his statements with
the usual evidence required in the court of justice.


Salaries
- Shall be determined by law
- NO increase in said compensation shall take effect UNTIL AFTER the EXPIRATION of the FULL
term of the Congress

Discipline of Members
- Each house may determine the rules of its proceedings
- Each house may punish its members for disorderly behavior, with the concurrence of two-
thirds of all its members
- Each house may suspend or expel a member
- Suspension: shall NOT exceed 60 days

Incompatible Office
-NO member of the Congress may hold any other office or employment in the government, or any
subdivision, agency or instrumentality, including government-owned or controlled corporations or their
subsidiaries, during his term without forfeiting his seat
Forbidden Office
-office that has been created or the emoluments in so far that member of the Congress is concerned
during his term of office

Restrictions
-disclosure of assets to the public (SALN)
-members of the Congress should not be of interest of the contracts & projects of the government
-prohibited from incompatible & forbidden offices
-appearance before quasi-judicial bodies

Electoral Tribunals - Sole judge of all contests relating to the election, returns, and qualifications of their
respective members. Congress members shall be chosen on the basis of proportional representation
from the political parties & the parties or organizations registered under the party-list system
represented therein.
Senate Electoral Tribunal = 3 Justices, 6 Senators
House of Representatives Electoral Tribunal = 3 Justices, 6 Representatives

Commission on Appointment
- body under the Congress, but independent of Congress
- 25 members: Senate President, 12 Senators, 12 Representatives
- ALL appointments submitted to the COA must be acted upon within 30 days session from
submission
- Ad interim: appointments made by the President when Congress is adjourned/not in session
o Needs confirmation of COA
Heads of the executive department
Ambassadors, public ministers, and consuls
Officers of the Armed Forces from the rank of colonel to naval captain
Other officers whose appointment are vested to the President by the Constitution
*If the appointments of the President is vested under statutes or ordinary laws, they need
not to have confirmation by COA


Powers of Congress
o Legislative Powers
Statutory-making
Power of appropriation
Power of taxation
Power of legislative investigation

Statutory-making power
- Power to enact, amend & repeal laws
- subject to substantial limitations
laws granting title of royalty and nobility
laws impairing obligations of contract
ex post facto law & bill of attainder
irrepealable laws
contrary to the provisions of the Constitution
*Irrepealable laws are NOT allowed; it limits the power pf the next Congress
>plenary can cover any subject matter

Requirements for statutory-making (FORMAL)
Every law that is passed in Congress should start in a BILL must embody one subject matter to
prevent hodgepodge or log-rolling legislation, fraud, and to fairly apprise the people.
5 bills that must exclusively originate from HOR:
Revenue or tariff bill
Appropriation bill
Authorizing increase of public debt
Local application
Private
*Senate may propose or concur with amendments.
Bill to Law
First reading: reading of the number and title
:referral to appropriate committee approve or kill the bill
Second reading: read bill in its entirety
:amendments & debates
:print & distribute at least 3 days before the third reading
EXCEPT if the President certifies bill as urgent
Third reading: voting
:sent to the other chamber to undergo another three readings
:if there are differences between the versions approved, it will be sent to the
Joint Bicameral Committee
Joint Bicameral Committee: reconciles the conflicting versions of the bill to be submitted
to the President.
President may:
Sign the bill into law
Veto the bill; Congress may override the veto by 2/3 vote of all the members of
each house
*Partial veto is NOT allowed EXCEPT in REVENUE & TARIFF BILLS
Not act upon the bill; thus, bill lapses into law after 30 days
Riders: provisions of the law that does not relate to the subject matter; null & void
Power of Appropriation (Power of the Purse)
NO money shall be paid out of the treasury except in pursuance of an appropriation made by law.
Appropriation a statute the primary and specific purpose of which is to authorize the release of public
funds from the treasury.
o General Appropriation: law passed annually is intended to provide for the financial operations of
the entire government during one fiscal period.
*President prepares the budget of the whole government but NO power to INCREASE the budget
o Special Appropriation: designed for a specific purpose; supplemental budget
:there must be a fund actually available as certified by the National Treasury
:fund must correspond to the revenue proposal
Implied limitations
Appropriation must be devoted to a public purpose
Must be determinate or least determinable
Constitutional limitations
ALL appropriations bill must exclusively originate in the HOR
Discretionary funds shall be disbursed ONLY for PUBLIC PURPOSE to be supported by
APPROPRIATE VOUCHERS and subject to GUIDELINES as may be prescribed by law
Special appropriations bill shall specify the purpose and supported by funds actually available as
certified by the National Treasury
The Congress may not increase the appropriations recommended by the President
No law shall be passed authorizing any transfer of appropriations; however, the President, the
Senate President, House Speaker, the Chief Justice, and the heads of the Constitutional
Commissions may, by law, authorized to augment any item in the general appropriations law for
their respective offices savings in other items of their respective appropriations.

Appropriations for Sectarian Purposes
No public money or property shall be appropriated, applied, paid, or employed, directly or
indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or
system of religion, or of any priest, preacher, minister, or other religious teacher, or dignitary as such,
except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal
institution, or government orphanage or leprosarium.

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.

Special Funds
All money collected on any tax levied for a special purpose shall be treated as a special fund and
paid out for such purpose only. If the purpose for which a special fund was created has been fulfilled or
abandoned, the balance, if any, shall be transferred to the general funds of the Government.




Power of Taxation
Limitations:
Rule of taxation shall be uniform (persons or things belonging to the same class shall be taxed at
the same rate) and equitable (tax burden must be imposed according to the taxpayers capacity
to pay)
Congress shall evolve a progressive system of taxation
Charitable institutions, churches and parsonages or convents appurtenant thereto, mosques,
non-profit cemeteries, and all lands, buildings, and improvements, actually, directly, and
exclusively used for religious, charitable, or educational purposes shall be exempt from taxation.
ALL laws granting tax exemption shall NOT be passed WITHOUT the concurrence of the
MAJORITY of ALL the members of Congress
ALL revenues & assets of non-stock, nonprofit educational institutions that are used actually,
directly and exclusively for education are exempt
ALL grants, endowments, donations that are used actually, directly, and exclusively to conditions
prescribed by law

Legislative Inquiries
-must be in aid of legislation
-there must be published rules of procedure
-questions that may be raised do NOT necessarily have to be relevant to any pending legislation,
provided only that they are relevant to the subject matter of the investigation being conducted
-a private individual could be imprisoned INDEFINITELY for contempt as long as it does not
violate due process. Imprisonment could last NOT ONLY during the session but UNTIL the FINAL
ADJOURNMENT of the body.