CONSTITUTIONAL LAW 1

I.

Supremacy of the Constitution

Angara v. Electoral Commission, 53 Phil 139
The Constitution is a definition of the powers of government. Who is to determine the
nature, scope and extent of such powers? The Constitution itself has provided for the
instrumentality of the judiciary as the rational way. And when the judiciary mediates to
allocate constitutional boundaries, it does not assert any superiority over the other
departments; it does not in reality nullify or invalidate an act of the legislature, but only
asserts the solemn and sacred obligation assigned to it by the Constitution

I.

The Constitution
Manila Prince Hotel v. GSIS, 267 SCRA 408 (1997) (on constitutional supremacy)
A constitution is a system of fundamental laws for the governance and administration of a
nation. It has been defined as the fundamental and paramount law of the nation. It
prescribes the permanent framework of a system of government, assigns to the different
departments their respective powers and duties, and establishes certain fixed principles on
which government is founded. The fundamental conception in other words is that it is a
supreme law to which all other laws must conform and in accordance with which all private
rights must be determined and all public authority administered

II.

The State
1933 Montevideo Convention, Art. 1 (definition) 4 elements
a.

Sovereignty
The Province of North Cotabato vs. Government of the Republic of the Philippines Peace
Panel on Ancestral Domain, G.R. No. 183591, October 14, 2008.
The associative relationship between the Central Government and BJE is not recognized
under the present Constitution. The concept of association implies the recognition of the
associated entity as a state. The Constitution, however, does not contemplate any state in
this jurisdiction other than the Philippine State, much less does it provide for a transitory
status that aims to prepare any part of Philippine territory for independence

b. Territory

Magallona v. Ermita, GR No. 187167 (2011).

UNCLOS III has nothing to do with the acquisition (or loss) of territory. It is a multilateral
treaty regulating, among others, sea-use rights over maritime zones, contiguous zone,
exclusive economic zone and continental shelves. Baselines laws such as RA 9522 are enacted

by UNCLOS III States parties to mark-out specific basepoints along their coasts from which
baselines are drawn, either straight or contoured, to serve as geographic starting points to
measure the breadth of the maritime zones and continental shelf. These laws are nothing but
statutory mechanisms for UNCLOS III State parties to delimit with precision the extent of
their maritime zones/continental shelves.

c.

People
i. Citizenship
Art. IV
Natural-born citizens as those without having to perform any positive act to perfect
Philippine citizenship
Reacquisition of Citizenship
Bengzon v. HRET, 257 SCRA 545
Filipino citizens who have lost their citizenship may however reacquire the same in
the manner provided by law. C.A. No. 63 enumerates the 3 modes by which
Philippine citizenship may be reacquired by a former citizen:
1. by naturalization,
2. by repatriation, and
3. by direct act of Congress.
Repatriation results in the recovery of the original nationality This means that a
naturalized Filipino who lost his citizenship will be restored to his prior status as a
naturalized Filipino citizen
Dual Citizenship vs. Dual Allegiance

ii. Suffrage
Romualdez v. RTC, 226 SCRA 408 (1993)
The term "residence" as used in the election law is synonymous with "domicile"
which imports not only intention to reside in a fixed place but also personal
presence in that place, coupled with conduct indicative of such intention
Akbayan-Youth v. COMELEC, 355 SCRA 318 (2001)
The right of suffrage is not absolute. The exercise of the right of suffrage, as in the
enjoyment of all other rights, is subject to existing substantive and procedural
requirements embodied in our Constitution. Section 1, Article V of the Constitution
provides that suffrage may be exercised by all citizens of the Philippines not
otherwise disqualified by law. Moreover, the right of a citizen to vote is necessarily
conditioned upon certain procedural requirements he must undergo: among others,
the process of registration.
d. Government

i. State Immunity from Suit

Landbank vs. Rivera, G.R. No. 182431, November 17, 2001

Consent to be sued does not mean admission of liability
Waiver of immunity is not concession of liability
Consent mere opportunity for the other party to prove that State is liability
Suability result of consent; liability is determined after hearing (due process)

Ministerio v. Court of First Instance, 40 SCRA 464 (1971)

Immunity from suit cannot be perpetrated as an instrument for perpetrating an
injustice to a citizen
When the government takes any property for public use, conditioned on just
compensation which judicially determined, the government submits to
jurisdiction of the court,

III.

Principles and State Policies

BCDA v COA
Article II of the Constitution is entitled Declaration of Principles and State Policies. By its very title,
Article II is a statement of general ideological principles and policies. It is not a source of
enforceable rights.
Principles
i. Sovereignty of the People and Republicanism
1. Direct and Indirect Democracy
2. Representation and renovation
3. Accountability to the People
4. Rule of the Majority
5. Rule of Law
Definition of Republican State
It is one wherein all government authority emanates from the people and is
exercised by representatives chosen by the people.
Definition of Democratic State
This merely emphasizes that the Philippines has some aspects of direct
democracy such as initiative and referendum.
ii. Adherence to International Law
1. Renunciation of War
The Philippines only renounces AGGRESSIVE war as an instrument of
national policy. It does not renounce defensive war.
2.
3.

Adoption of International Law

Adherence to policy of peace, freedom, amity

Some "generally accepted principles of international law" recognized by the Court:

1.

2.
3.

Right of an alien to be released on bail while awaiting deportation when his failure to
leave the country is due to the fact that no country will accept him (Mejoff v. Director
of Prisons, 90 Phil. 70)
The right of a country to establish military commissions to try war criminals (Kuroda v.
Jalondoni, 83 Phil. 171)
The Vienna Convention on Road Signs and Signals (Agustin v. Edu, 88 SCRA 195)

Pharmaceutical and Healthcare v. Health Secretary, GR No. 173034, October 9, 2007

WHA Resolutions were not generally accepted principles of international law and
thus did not form part of the law of the land.
Under the 1987 Constitution, international law can become part of the sphere of
domestic law either by transformation or incorporation. The transformation method
requires that an international law be transformed into a domestic law through a
constitutional mechanism such as local legislation. The incorporation method applies
when, by mere constitutional declaration, international law is deemed to have the
force of domestic law.
iii. Supremacy of Civilian Authoiry
IBP v. Zamora, GR No. 141284, August 15, 2000
Jamar M. Kulayan v. Gov. Tan, GR No. 187298, July 3, 2012
iv. Government as protector of People and People as defenders of the State
b.

Policies
i. Independent foreign policy and a nuclear-free Philippines
Bayan v. Zamora (VFA)
Sec. 25 Art. XVIII which specifically deals with treaties involving foreign military
bases and troops should apply in the instant case. Hence, for VFA to be
constitutional it must sufficiently meet the following requisites :
a) it must be under a treaty
b) the treaty must be duly concurred in by the Senate, and when so required by
Congress, ratified by a majority of votes cast by the people in a national
referendum
c) recognized as a treaty by the other contracting State
There is no dispute in the presence of the first two requisites. The third requisite
implies that the other contracting party accepts or acknowledges the agreement
as a treaty. Moreover, 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. They are equally binding obligations upon
nations. Therefore, there is indeed marked compliance with the mandate of the
constitution.

ii. Just and Dynamic Social Order

1.

Promotion of Social Justice

Calalang v. Williams, 70 Phil 726 (1940)
Social justice 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.

iii. Separation of Church and State

iv. Education, science, technology, arts, culture and sports
Academic Freedom
v. Promotion of Health and Ecology
Oposa v. Factoran, 224 SCRA 792 Intergenerational responsibility
1.

2.

While the right to a balanced and healthful ecology is found under the
declaration of Principle and State Policies and not under the Bill of Rights, it
does not follow that it is less important than any of the civil and political rights
enumerated in the latter.
The right to a balanced and healthful ecology carries with it the correlative
duty to refrain from impairing the environment.

vi. The Family as basic autonomous social institution

Protection for the unborn
1.
2.

3.

It is not an assertion that the unborn is a legal person.

It is not an assertion that the life of the unborn is placed exactly on the level of the
life of the mother. Hence, when it is necessary to save the life of the mother, the
life of the unborn may be sacrificed.
th
Under this provision, the Roe v. Wade doctrine allowing abortion up to the 6
month of pregnancy cannot be adopted in the Philippines because the life of the
unborn is protected from the time of conception.

vii. A self-reliant and independent economic order;

Espina v. Zamora
While Section 19, Article II requires the development of a self-reliant and
independent national economy effectively controlled by Filipino entrepreneurs, it
does not impose a policy of Filipino monopoly of the economic environment. The
objective is simply to prohibit foreign powers or interests from maneuvering our
economic policies and ensure that Filipinos are given preference in all areas of
development.

viii. Autonomy of Local Governments

ix.
Sema v. Comelec, GR No. 177597, July 16, 2008
For Congress to delegate validly the power to create a province or city, it must also
validly delegate at the same time the power to create a legislative district. Under the
present Constitution, as well as in past Constitutions, the power to increase the
allowable membership in the House of Representatives, and to reapportion
legislative districts, is vested exclusively in Congress.

IV.
a.

Separation of Powers

BOC v. Tevez
Although the principle of separation of powers ordains that each of the three great branches of
government has exclusive cognizance of and is supreme within matters falling within its own
constitutionally allocated sphere, the principle of non-delegation of powers admits of exceptions,
such as the delegation of legislative power to various specialized administrative agencies. In this
case, the law passed both the completeness test (set forth the policy of the law, the optimization
of the revenue-generation capability and collection of the BIR and BOC) and the sufficient
standards test (the law limits the powers of the Boards authority and specifies the conditions
under which employees may be removed).

b.

Judicial Review; Theory and Justification

Marbury v. Madison, 1 Cranch (5 US) 137, 2 L.ED. 60 (1803)
And when the judiciary mediates to allocate constitutional boundaries, it does not assert any
superiority over the other departments; it does not in reality nullify or invalidate an act of the
legislature, but only asserts the solemn and sacred obligation assigned to it by the
Constitution

c.

Justiciable and Political Questions

Tanada v. Cuenco, 13 SCRA 375 (1965)
Political questions refer to those questions which, under the Constitution, are to be decided
by the people in their sovereign capacity, or in regard to which full discretionary authority has
been delegated to the legislative or executive branch of the government; it is concerned with
issues dependent upon the wisdom, not legality, of a particular measure.

d.

Requisites of Judicial Review

i. Actual Case or Controversy

A conflict of legal rights, an assertion of opposite legal claims which can be resolved on the basis
of existing law and jurisprudence
1.

Prematurity
PACU v. Secretary of Education, 97 Phil 806 (1955)
A request for advisory opinion is not an actual case or controversy
Montesclaros v. Comelec, GR No. 152295 (2002)
A proposed bill is not subject to judicial review because it creates no rights
and imposes no duties enforceable by the courts.

2.

Mootness
David v. Arroyo, GR No. 171396, May 3, 2006

Exceptions: 1) grave violation of the Constitution; 2) paramount public

interest is involved; 3) constitutional issues require formulation of principles to guide
the bench and the bar; 4) evading review

ii. Proper Party

1.

Taxpayers Standing
Information Technology Foundation v. Comelec GR No. 159139 (2004)
When there is a claim of illegal disbursement of public funds

2.

Legislative Standing
Ople v. Torres, 293 SCRA 141 (1998)
If there is usurpation of legislative power

3.

Transcendental Importance

iii. Earliest Opportunity

Must be raised in the pleadings. Not on appeal or Motion for Reconsideration (Umali v.
Guingona)
iv. Necessity of Deciding Constitutional Questions (lis mota rule)

ARTICLE VI THE LEGISLATIVE DEPARTMENT

Legislative power 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.
Limkaichong v. COMELEC
Under the 1987 Constitution, Members of the House of Representatives must be natural-born citizens not only
at the time of their election but during their entire tenure.
Legislative Power: The authority to make laws and to alter or repeal them.
Limits of the legislative power of Congress:
1.

Substantive limitations on the content of laws. E.g. no law shall be passed establishing a state religion.

2.

Procedural limitations on the manner of passing laws. E.g. generally a bill must go through three
readings on three separate days.

Note:
Provided that these two limitations are not exceeded, Congress legislative power is plenary.

NON-DELEGATION RULE
1.

Congress, as a general rule, cannot delegate its legislative power. Since the people have already delegated
legislative power to Congress, the latter cannot delegate it any further.

EXCEPTIONS:
1.
2.

Delegation of legislative power to local government units;

Instances when the Constitution itself allows for such delegation

What may Congress delegate:

Congress can only delegate, usually to administrative agencies, RULE-MAKING POWER or LAW EXECUTION.
This involves either of two tasks for the administrative agencies:
1.
2.

Filling up the details on an otherwise complete statute; or

Ascertaining the facts necessary to bring a contingent law or provision into actual operation.

SENATE
Composition
24 senators who shall be elected at large
6 years, commencing (unless otherwise provided by law) at noon, 30 June next following their election.
Term Limitations:
1.
2.

No Senator shall serve for more than 2 consecutive terms.

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.

HOUSE OF REPRESENTATIVES
Composition:

1.
2.

Not more than 25 members, unless otherwise fixed by law; and

Party-list Representatives

Election of 250 members

1.
2.

They shall be elected from legislative districts apportioned among the provinces, cities and the
Metropolitan Manila area.
Legislative districts are apportioned in accordance with the number of inhabitants of each area and on the
basis of a uniform and progressive ratio.
a.
b.
c.
d.
e.

Each district shall comprise, as far as practicable, contiguous, compact and adjacent territory;
Each city with at least 250,000 inhabitants will be entitled to at least one representative.
Each province will have at least one representative.
Legislative districts shall be re-apportioned by Congress within 3 years after the return of each
census.
The standards used to determine the apportionment of legislative districts is meant to prevent
gerrymandering, which is the formation of a legislative district out of separate territories so as to
favor a particular candidate or party.

Aquino v. Comelec
Only cities are required to have a population of 250,000 for it to have 1 legislative district, provinces are
entitled to 1 regardless of the population. Further, in the case of Mariano, Jr. vs COMELEC where it was held
that while the Constitution requires that a city have a minimum population of 250,000 to be entitled to a
representative, it does not have to increase its population by another 250,000 to be entitled to an additional
district

Term of Office
1.

Each member of the House shall be elected for a term of three (3) years which shall commence (unless
otherwise provided for by law) at noon on 30 June next following their election.

Term Limitations
No member of the House of Representatives shall serve for more than three (3) consecutive terms.
Distinctions between Term and Tenure
1.

Definition
a.
b.

2.

Terms means the period during which the elected officer is legally authorized to assume his office
and exercise the powers thereof.
Tenure is the actual period during which such officer actually holds his position.

Limitation/Possible Reduction
a. Term CANNOT be reduced.
b. Tenure MAY, by law, be limited.

Legislative Districts

Party-List Representatives

1.

Constitute 20% of the total number of representatives, including those under the party-list system

Atong Paglaum v. Comelec

I. Parameters. In qualifying party-lists, the COMELEC must use the following parameters:
1. Three different groups may participate in the party-list system: (1) national parties or
organizations, (2) regional parties or organizations, and (3) sectoral parties or organizations.
2. National parties or organizations and regional parties or organizations do not need to organize
along sectoral lines and do not need to represent any marginalized and underrepresented sector.
3.. 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
4. Sectoral parties or organizations may either be marginalized and underrepresented or lacking in
well-defined political constituencies.
5. A majority of the members of sectoral parties or organizations that represent the marginalized and
underrepresented or those that lack well-defined political constituencies must belong to the
sector they represent. The nominees of sectoral parties or 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.
6. 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.

Rule on increase in salaries:

No increase in their salaries shall take effect until after the EXPIRATION OF THE FULL TERM (NOT TENURE)
OF ALL THE MEMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES APPROVING SUCH INCREASE.
Since the Constitution provides for rules on salaries and not on emoluments, our distinguished legislators
can appropriate for themselves other sums of money such as travel allowances, as well as other side benefits.

CONGRESSIONAL IMMUNITIES
1.) Immunity from arrest:
a.

b.
c.

Legislators are privileged from arrest while Congress is in session with respect to offenses
punishable by up to 6 years of imprisonment. Thus, whether Congress is in regular or special session,
the immunity from arrest applies.
If Congress is in recess, members thereof may be arrested.
The immunity is only with respect to arrests and NOT to prosecution for criminal offenses.

2.) Legislative privilege:

a.
b.

No member shall be questioned or held liable in any forum other than his/her respective
Congressional body for any debate or speech in the Congress or in any Committee thereof.
Limitation on the privilege:

10

(i)

(ii)

Protection is only against forum other than Congress itself. Thus for inflammatory remarks
which are otherwise privileged, a member may be sanctioned by either the Senate or the
House as the case may be.
Congress need NOT be in session when the utterance is made, as long as it forms part of
legislative action, i.e. part of the deliberative and communicative process used to participate
in legislative proceedings in consideration of proposed legislation or with respect to other
matters with Congress jurisdiction.

Osmena v. Pendatun
The privilege does not protect a lawmaker from responsibility before the legislative body whenever his words
and conduct are considered disorderly or unbecoming of a member therein..

SEC. 13-14: CONGRESSIONAL DISQUALIFICATIONS:

Disqualifications:
DISQUALIFICATION
1. Senator/Member of the House cannot hold any
other office or employment in the Government
or any subdivision, agency or Instrumentality
thereof, including GOCCS or their subsidiaries.

WHEN APPLICABLE
During his term. If he does so, he forfeits his seat.

2. Legislators cannot be appointed to any office.

IF the office was created or the emoluments

thereof increased during the term for which he
was elected.

3. Legislators cannot personally appear as counsel

before any court of justice, electoral tribunal,
quasi-judicial and administrative bodies.

During his term of office.

4. Legislators cannot be financially interested

directly or indirectly in any contract with or in any
franchise, or special privilege granted by the
Government, or any subdivision, agency or
instrumentality thereof, including any GOCC or its
subsidiary.

During his term of office.

5. Legislators cannot intervene in any matter

before any office of the government.

When it is for his pecuniary benefit or where he

may be called upon to act on account of his office.

REGULAR AND SPECIAL SESSIONS

Regular Sessions:
th

1.) Congress convenes once every year on the 4 Monday of July (unless otherwise provided for by law)
2.) Continues in session for as long as it sees fit, until 30 days before the opening of the next regular session,
excluding Saturdays, Sundays, and legal holidays.

11

Special Sessions:
Called by the President at any time when Congress is not in session.

Quorum to do business:
1. Majority of each House shall constitute a quorum.
2. A smaller number may adjourn from day to day and may compel the attendance of absent members.
3. In computing a quorum, members who are outside the country and thus outside of each Houses coercive
jurisdiction are not included.
Internal Rules:
1.
2.

3.

Each House shall determine its own procedural rules.

Since this is a power vested in Congress as part of its inherent powers, under the principle of separation of
powers, the courts cannot intervene in the implementation of these rules insofar as they affect the
members of Congress.
Also, since Congress has the power to make these rules, it also has the power to ignore them when
circumstances so require.

Discipline:
1.) Suspension
a. Concurrence of 2/3 of ALL its members and
b. Shall not exceed 60 days.
2.) Expulsion
a. Concurrence of 2/3 of ALL its members.
Congressional Journals and Records:
1.) The Journal is conclusive upon the courts.
2.) BUT an enrolled bill prevails over the contents of the Journal.
3.) An enrolled bill is the official copy of approved legislation and bears the certifications of the presiding
officers of each House. Thus where the certifications are valid and are not withdrawn, the contents of the
enrolled bill are conclusive upon the courts as regards the provision of that particular bill.
Adjournments:
1.) Neither House can adjourn for more than 3 days during the time Congress is in session without the consent
of the other House.
2.) Neither can they adjourn to any other place than that where the two houses are sitting, without the
consent of the other.
Section 17: THE ELECTORAL TRIBUNAL
The Senate and the House shall each have an Electoral Tribunal which shall be composed of:
1. 3 Supreme Court Justices to be designated by the Chief Justice; &
2. 6 Members of the Senate or House, as the case may be.
The senior Justice in the Electoral Tribunal shall be its Chairman.

Note: The congressional members of the ETs shall be chosen on the basis of proportional representation from
the political parties and party-list organizations.

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THE COMMISSION ON APPOINTMENTS

Composition:
1.) Senate President as ex-officio chairman;
2.) 12 Senators; and
3.) 12 Members of the House.
Note: The 12 Senators and 12 Representatives are elected on the basis of proportional representation from the
political parties and party-list organizations.
Jurisdiction
1.) CA shall confirm the appointments by the President with respect to the following positions:
a.
b.
c.
d.

Heads of the Executive Departments (except if it is the Vice-President who is appointed to the post).
Ambassadors, other public ministers or consuls.
Officers of the AFP from the rank of Colonel or Naval Captain: and
Other officers whose appointments are vested in him by the Constitution (e.g. COMELEC members).

2.) Congress CANNOT by law prescribe that the appointment of a person to an office created by such law shall
be subject to confirmation by the CA.
3.) Appointments extended by the President to the above-mentioned positions while Congress is not in
session shall only be effective until disapproval by the CA or until the next adjournment of Congress.

LEGISLATIVE INQUIRIES
Scope:
1.
2.

Either House or any of their committees may conduct inquires in aid of legislation.
If the stated purpose of the investigation is to determine the existence of violations of the law, the
investigation is no longer in aid of legislation but in aid of prosecution. This violates the principle of
separation of powers and is beyond the scope of congressional powers.

Enforcement:
1.

Since experience has shown that mere requests for information does not usually work, Congress has the
inherent power to punish recalcitrant witnesses for contempt, and may have them incarcerated until such
time that they agree to testify.

2.

The continuance of such incarceration only subsists for the lifetime, or term, of such body. Once the body
ceases to exist after its final adjournment, the power to incarcerate ceases to exist as well. Thus, each
Congress of the House lasts for only 3 years. But if one is incarcerated by the Senate, it is indefinite
because the Senate, with its staggered terms, is a continuing body.

3.

BUT, in order for a witness to be subject to this incarceration, the primary requirement is that the inquiry
is within the scope of Congress powers. i.e. it is in aid of legislation.

4.

The materiality of a question is determined not by its connection to any actually pending legislation, but by
its connection to the general scope of the inquiry.

5.

The power to punish for contempt is inherent in Congress and this power is sui generis. It cannot be
exercised by local government units unless they are expressly authorized to do so.

Limitations:

13

1.

The inquiry must be conducted in accordance with the duly published rules of procedure of the House
conducting the inquiry; and

2.

The rights of persons appearing in or affected by such inquiries shall be respected. Ex. The right against
self-incrimination.
Neri v. Senate

The oversight function of Congress may be facilitated by compulsory process only to the extent that it is
performed in pursuit of legislation. The communications elicited by the three (3) questions are covered by
the presidential communications privilege.
1st, the communications relate to a quintessential and non-delegable power of the President, i.e.
2nd, the communications are received by a close advisor of the President. Under the operational proximity
test,petitioner can be considered a close advisor, being a member of President Arroyos cabinet. And
3rd, there is no adequate showing of a compelling need that would justify the limitation of the privilege and of
theunavailability of the information elsewhere by an appropriate investigating authority.

Appearance by department heads before Congress:

1.

Since members of the executive department are co-equals with those of the legislative department,
under the principle of separations of powers, department heads cannot be compelled to appear before
Congress. Neither may the department heads impose their appearance upon Congress.

2.

Department heads may appear before Congress in the following instances:

a.

Upon their own initiative, with the consent of the President (and that of the House concerned); or

b.

Upon the request of either House (which cannot compel them to attend)

DECLARATION OF WAR/EMERGENCY POWERS

Vote requirement: (to declare the existence of a state of war)
1.
2.

2/3 of both Houses, in joint session

Voting separately

Emergency powers:
1.

During times of war or other national emergency, Congress may, BY LAW, authorize the President to
exercise powers necessary and proper to carry out a declared national policy.

2.

Limitations:
a. Powers will be exercised for a limited period only; and
b. Powers will be subject to restrictions prescribed by Congress

3.

Expiration of emergency powers

a. By resolution of Congress or
b. Upon the next adjournment of Congress

LEGISLATION

14

Bills that must originate from the House of Representatives (Section 24)
1.
2.
3.
4.
5.
6.

Appropriation bills
Revenue bills
Tariff bills
Bills authorizing the increase of public debt
Bills of local application
Private bills

Note: The Senate may, however, propose or concur with amendments.

Limitations:
1.

For appropriation bills:

a.

Congress cannot increase the appropriations recommended by the President for the operation of the
Government as specified in the budget.

b.

Each provision or enactment in the General Appropriations Bill must relate specifically to some
particular appropriation therein and any such provision or enactment must be limited in its operation
to the appropriation to which it relates.

c.

A special appropriations bill must specify the purpose for which it is intended and must be supported
by funds actually available as certified by the National Treasurer or to be raised by a corresponding
revenue proposal therein.

d.

Transfer of appropriations:
i.
ii.

e.

Rule: No law shall be passed authorizing any transfer of appropriations

BUT the following 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
- President
- President of the Senate
- Speaker of the House of Representatives
- Chief of Justice of the Supreme Court
- Heads of the Constitutional Commissions

If Congress fails to pass General Appropriations Bill (GAB) by the end of any fiscal year:
i. The GAB for the previous year is deemed reenacted
ii. It will remain in full force and effect until the GAB is passed by Congress.

2.

For law granting tax exemption

It should be passed with the concurrence of a MAJORITY of ALL the members of Congress.

3.

For bills in general

a.

Every bill shall embrace only one (1) subject, as expressed in the title thereof
The title does not have to be a complete catalogue of everything stated in the bill. It is
sufficient if the title expresses the general subject of the bill and all the provisions of the
statute are germane to that general subject.

b.

Readings

15

1.
2.
3.
4.

In order to become a law, each bill must pass three (3) readings in both Houses.
General rule: Each reading shall be held on separate days & printed copies thereof in its final form
shall be distributed to its Members three (3) days before its passage.
Exception: If a bill is certified as urgent by the President as to the necessity of its immediate
enactment to meet a public calamity or emergency, the 3 readings can be held on the same day.
First reading only the title is read; the bill is passed to the proper committee
Second reading Entire text is read and debates are held, and amendments introduced.
Third reading only the title is read, no amendments are allowed. Vote shall be taken
immediately thereafter and the yeas and nays entered in the journal.

Veto power of President:

1.

Every bill, in order to become a law, must be presented to and signed by the President.

2.

If the President does not approve of the bill, he shall veto the same and return it with his objections to the
House from which it originated. The House shall enter the objections in the Journal and proceed to
reconsider it.

3.

The President must communicate his decision to veto within 30 days from the date of receipt thereof. If
he fails to do so, the bill shall become a law as if he signed it.

4.

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 overriden and becomes a law without need of presidential approval.

5.

Item veto
a.

The President may veto particular items in an appropriation, revenue or tariff bill.

b.

This veto will not affect items to which he does not object.

c.

Definition of item

POWER TO TAX
Limitations:
1)
2)
3)
4)
5)

The rule of taxation should be UNIFORM

It should be EQUITABLE
Congress should evolve a PROGRESSIVE system of taxation.
The power to tax must be exercised for a public purpose because the power exists for the general welfare
The due process and equal protection clauses of the Constitution should be observed.

Delegation of power to fix rates

1) Congress may, BY LAW, authorize the President to fix the following:
a) Tariff rates
b) Import and Export Quotas
c) Tonnage and wharfage dues
d) Other duties and imposts
Within the framework of the national development program of the Government
2) The exercise of such power by the President shall be within the specified limits fixed by Congress and
subject to such limitations and restrictions as it may impose.

16

1) All revenues and assets of NON-STOCK NON-PROFIT EDUCATIONAL institutions are exempt from taxes and
duties PROVIDED that such revenues and assets are actually, directly and exclusively used for educational
purposes. (Art. XIV Sec 4 (3))
2) Grants, endowments, donations or contributions used actually, directly and exclusively for educational
purposes shall be exempt from tax. This is subject to conditions prescribed by law. (Art. XIV. Sec 4 (4))
Power of the Purse
1) No money shall be paid out of the National Treasury EXCEPT in pursuance of an appropriation made by
law.
a) This places the control of public funds in the hands of Congress.
b) BUT: This rule does not prohibit continuing appropriations. e.g. for debt servicing. This is because the
rule does not require yearly, or annual appropriation.
2) Limitations.
a) Appropriations must be for a PUBLIC PURPOSE
b) Cannot appropriate public funds or property, directly or indirectly, in favor of religion
c) BUT the government is not prohibited from appropriating money for a valid secular purpose, even if it
incidentally benefits a religion, e.g. appropriations for a national police force is valid even if the police
also protects the safety of clergymen.

Section 32. INITIATIVE AND REFERENDUM

1) Through the system of initiative and referendum, 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.
2) Required Petition
a) Should be signed by at least 10% of the total number of registered voters
b) Every legislative district should be represented by at least 3% of the registered voters
c) Petition should be registered

ARTICLE VII. THE EXECUTIVE DEPARTMENT

EXECUTIVE POWER

1) Executive power is vested in the President of the Philippines.

Marcos v. Manglapus, referred to the RESIDUAL powers of the President as the Chief Executive of the
country, which powers include others not set forth in the Constitution.
The Vice-President has the same qualifications & term of office as the President.
MANNER OF ELECTION/ TERM OF OFFICE
Manner of Election
1) The President and Vice-President shall be elected by direct vote of the people.
2) Election returns for President and Vice-President, as duly certified by the proper Board of Canvassers shall
be forwarded to Congress, directed to the Senate President.

17

3) In case of a tie between 2 or more candidates, one shall be chosen by a majority of ALL the members of
both Houses, voting separately.
4) The Supreme Court en banc shall act as the sole judge over all contests relating to the election, returns,
and qualifications of the President or Vice-President and may promulgate its rules for the purpose.

Macalintal v. PET
The last line of the provision creating the PET and may promulgate its rules for the purpose. This was
done in order to indicate that the sole power to promulgate the rules of the PET is vested in the Supreme
Court, without intervention by the legislature. With this, the Supreme Court held that the PET needed no
law for its creation. What the provision merely did was to constitutionalize what was once merely
statutory.

PRESIDENTIAL SUCCESSION
1.

Vacancies at the beginning of the term

VACANCY
President-elect fails to qualify or to be chosen
President-elect dies or is permanently disabled.
Both President and VP-elect are not chosen or do
not qualify or both die, or both become
permanently disabled.

SUCCESSOR
VP-elect will be Acting President until someone is
qualified/chosen as President.
VP becomes President.
1. Senate President or
2. In case of his inability, the Speaker of the
House shall act as President until a President
or a VP shall have been chosen and qualified.
In case of death or disability of (1) and (2), Congress
shall determine, by law, who will be the acting
President.

2. Vacancies after the office is initially filled:

VACANCY
President dies, is permanently disabled, is
impeached, or resigns.
Both President and Vice-President die, become
permanently disabled, are impeached, or resign.

SUCCESSOR
Vice-President becomes President for the
unexpired term.
1. Senate President or
2. In case of his inability, the Speaker of the
House shall act as President until the President
or VP shall have been elected and qualified.

1) Vacancy in office of Vice-President during the term for which he was elected:
a)

President will nominate new VP from any member of either House of Congress.

b) Nominee shall assume office upon confirmation by majority vote of ALL members of both Houses,
voting separately. (Nominee forfeits seat in Congress)
2) Election of President and Vice-President after vacancy during tem

18

a)

Congress shall convene 3 days after the vacancy in the office of both the President and the VP,
without need of a call. The convening of Congress cannot be suspended.

b)

Within 7 days after convening, Congress shall enact a law calling for a special election to elect a
President and a VP. The special election cannot be postponed.

c)

The special election shall be held not earlier than 45 days not later than 60 days from the time of the
enactment of the law.

d)

The 3 readings for the special law need not be held on separate days.

e)

The law shall be deemed enacted upon its approval on third reading.

BUT: No special election shall be called if the vacancy occurs within 18 months before the date of the next
presidential election.
Section 13. DISQUALIFICATIONS
SUBJECT
President, Vice-President, Cabinet
Members, Deputies or Assistants of
Cabinet Members

SOURCE OF DISQUALIFICATION
Prohibited from:
1.
Holding any office or employment during their tenure,
UNLESS:
a.

b.

th

Spouses and 4
the President
affinity)

degree relatives of
(consanguinity or

otherwise provided in the Constitution (e.g. VP can be

appointed a Cabinet Member, Sec. of Justice sits on Judicial
and Bar Council); or
the positions are ex-officio and they do not receive any
salary or other emoluments therefor (e.g. Sec. of Finance is
head of Monetary Board).

2.

Practicing, directly or indirectly, any other profession

during their tenure;

3.

Participating in any business;

4.

Being financially interested in any contract with, or in any

franchise, or special privilege granted by the government
or any subdivision, agency or instrumentality thereof,
including GOCC's or their subsidiaries.

N.B. The rule on disqualifications for the President and his

Cabinet are stricter than the normal rules applicable to
appointive and elective officers under Art. IX-B, Sec. 7.
Cannot be appointed during Presidents tenure as:
1.
2.
3.
4.
5.

Members of the Constitutional Commissions;

Office of the Ombudsman;
Department Secretaries;
Department under-secretaries;
Chairman or heads of bureaus or offices including
GOCCs and their subsidiaries.

N.B.
a. If the spouse, etc., was already in any of the above offices at
the time before his/her spouse became President, he/she
may continue in office. What is prohibited is appointment
and reappointment, NOT continuation in office.

19

b.

Spouses, etc., can be appointed to the judiciary and as

ambassadors and consuls.

Sections 14-16. POWER TO APPOINT

Principles:
1)
2)

Since the power to appoint is executive in nature, Congress cannot usurp this function.
While Congress (and the Constitution in certain cases) may prescribe the qualifications for particular
offices, the determination of who among those who are qualified will be appointed is the Presidents
prerogative.

Scope:
The President shall appoint the following:
1)
2)
3)
4)

Heads of executive departments (CA confirmation needed):

Ambassadors, other public ministers, and consuls (CA confirmation needed).
Officers of AFP from rank of colonel or naval captain (CA confirmation needed).
Other officers whose appointment is vested in him by the Constitution (CA confirmation needed), such as:
a) Chairmen and members of the COMELEC, COA and CSC.
b) Regular members of the Judicial and Bar Council.
c) The Ombudsman and his deputies;

5) All other officers whose appointments are not otherwise provided for by law; and those whom he may be
authorized by law to appoint.
a)

This includes the Chairman and members of the Commission on Human Rights, whose
appointments are provided for by law NOT by the Constitution.

b)

Congress may, by law, vest the appointment of other officers lower in rank in the President alone
or in the courts, or in the heads of departments, agencies, boards or commissions.

c)

BUT: Congress cannot, by law, require CA confirmation of the appointment of other officers for
offices created subsequent to the 1987 Constitution (e.g. NLRC Commissioners, Bangko Sentral
Governor).

1) CA confirmation needed:
a)
b)
c)
d)

Nomination by President
Confirmation by CA
Appointment by President; and
Acceptance by appointee.

Note: At any time before all four steps have been complied with, the President can withdraw the
nomination/appointment.
2) No CA confirmation:
a) Appointment; and
b) Acceptance.
Note: Once appointee accepts, President can no longer withdraw the appointment.

20

Ad-interim appointments:
1)

When Congress is in recess, the President may still appoint officers to positions subject to CA confirmation.

2)

These appointments are effective immediately, but are only effective until they are disapproved by the CA
or until the next adjournment of Congress.

3)

Appointments to fill an office in an acting capacity are NOT ad-interim in nature and need no CA
approval.

Appointments by an Acting President:

These shall remain effective UNLESS revoked by the elected President within 90 days from his assumption or
re-assumption of office.
Limitation
1) 2 months immediately before the next Presidential elections, and up to the end of his term, the President
or Acting President SHALL NOT make appointments. This is to prevent the practice of midnight
appointments.
2) EXCEPTION:
a) Can make TEMPORARY APPOINTMENTS
b) To fill EXECUTIVE POSITIONS;
c) If continued vacancies therein will prejudice public service or endanger public safety.

Power of Control and Supervision

Power of Control:
The power of an officer to alter, modify, or set aside what a subordinate officer has done in the performance of
his duties, and to substitute the judgment of the officer for that of his subordinate. Thus, the President
exercises control over all the executive departments, bureaus, and offices.
The Presidents power over government-owned corporations comes not from the Constitution but from
statute. Hence, it may be taken away by statute.
Qualified Political Agency:
1)

Since all executive and administrative organizations are adjuncts of the Executive Department, the heads
of such departments, etc. are assistants and agents of the President.

2)

Thus, generally the acts of these department heads, etc, which are performed and promulgated in the
regular course of business, are presumptively the acts of the President.

3)

Exception: If the acts are disapproved or reprobated by the President.

4)

Under Administrative Law, decisions of Department Secretaries need not be appealed to the President in
order to comply with the requirement of exhaustion of administrative remedies.

5)

Qualified political agency does NOT apply if the President is required to act in person by law or by the
Constitution. Example: The power to grant pardons must be exercised personally by the President.

21

Disciplinary Powers:
1) The power of the President to discipline officers flows from the power to appoint the, and NOT from the
power control.
2) BUT While the President may remove from office those who are not entitled to security of tenure, or those
officers with no set terms, such as Department Heads, the officers, and employees entitled to security of
tenure cannot be summarily removed from office.
Power of Supervision:
1) This is the power of a superior officer to ensure that the laws are faithfully executed by subordinates.
2) The power of the president over local government units is only of general supervision. Thus, he can only
interfere with the actions of their executive heads if these are contrary to law.
3) The execution of laws is an OBLIGATION of the President. He cannot suspend the operation of laws.
4) The power of supervision does not include the power of control; but the power of control necessarily
includes the power of supervision.
Section 18. COMMANDER-IN-CHIEF POWERS
Scope:
1) The President is the Commander-in-Chief of the Armed Forces.
2) Whenever necessary, the President may call out the AFP to PREVENT or SUPPRESS:
a) Lawless violence;
b) Invasion; or
c) Rebellion.
3) The President may also:
a) Suspend the privilege of the writ of habeas corpus; and
b) Proclaim a state of martial law.
Suspension of the privilege of the writ of habeas corpus and declaring martial law;
1.

Grounds
a.
b.
c.

Invasion or
Rebellion; and
Public safety requires it.

2.

The invasion or rebellion must be ACTUAL and not merely imminent.

3.

Limitations:
a.

Suspension or proclamation is effective for only 60 days.

b.

Within 48 hours from the declaration or suspension, the President must submit a report to
Congress.

22

c.

Congress, by majority vote and voting jointly, may revoke the same, and the President cannot set
aside the revocation.

d.

In the same manner, at the Presidents initiative, Congress can extend the same for a period
determined by Congress if:
i. Invasion or rebellion persist and
ii. Public safety requires it.
NOTE: Congress CANNOT extend the period motu propio.

e.

Supreme Court review:

i. The appropriate proceeding can be filed by any citizen.
ii. The SC can review the FACTUAL BASIS of the proclamation or suspension.
iii. Decision is promulgated within 30 days from filing.

f.

Martial Law does NOT:

i. Suspend the operation of the Constitution.
ii. Supplant the functioning of the civil courts or legislative assemblies.
iii. Authorize conferment of jurisdiction on military courts over civilians where civil courts are
able to function and
iv. Automatically suspend the privilege of the writ.

g.

Suspension of privilege of the writ:

i. Applies ONLY to persons judicially charged for rebellion or offenses inherent in or directly
connected with invasion.
ii. Anyone arrested or detained during suspension must be charged within 3 days. Otherwise
he should be released.

Note: While the suspension of the privilege of writ and the proclamation of martial law is subject to judicial
review, the actual use by the President of the armed forces is not. Thus, troop deployments in times of war is
subject to the Presidents judgment and discretion.
Section 19: EXECUTIVE CLEMENCY
Scope:
1.) The President may grant the following:
a. Pardons (conditional or plenary)
b. Reprieves
c. Commutations
d. Remittance of fines and forfeitures
2.) These may only be granted AFTER conviction by final judgment.
3.) ALSO: The power to grant clemency includes cases involving administrative penalties.

23

4.) Where a conditional pardon is granted, the determination of whether it has been violated rests with
the President.

Amnesty V. Pardon
AMNESTY
Addressed to POLITICAL offenses
Granted to a CLASS of persons
Need not be accepted
Requires concurrence of majority of all
members of Congress
A public act. Subject to judicial notice
Extinguishes the offense itself

May be granted before or after conviction

PARDON
Addressed to ORDINARY offenses
Granted to INDIVIDUALS
Must be accepted
No need for Congressional concurrence
Private act of President. It must be proved.
Only penalties are extinguished.
May or may not restore political rights. Absolute
pardon restores. Conditional does not.
Civil indemnity is not extinguished.
Only granted after conviction by final judgement

Section 20. Power to Contract or Guarantee Foreign Loans

Limitations:
(1) 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
(2) Subject to such limitations as may be provided by law.

Section 21. Foreign Relations Powers include:

(1) Power to negotiate treaties and other international agreements
(a) BUT: Such treaty of international agreement must be concurred in by at least 2/3 of all Senators in
order to be valid and effective in our country.

(b) Options of Senate when a treaty is submitted for its approval:

(i)
Approve with 2/3 majority;
(ii)
Disapprove outright; or
(iii)
Approve conditionally, with suggested amendments.
(c) If treaty is not re-negotiated, no treaty
(d) If treaty is re-negotiated and the Senates suggestions are incorporated, the treaty will go into
effect without need of further Senate approval.
Note: While our municipal law makes a distinction between international agreements and executive
agreements, with the former requiring Senate approval and the latter not needing the same, under
international law, there is no such distinction.

24

ARTICLE VIII. THE JUDICIAL DEPARTMENT

SEC. 1. JUDICIAL POWER
Scope:
1. Judicial power is the authority to settle justiciable controversies or disputes involving rights that are
enforceable and demandable before the courts of justice or the redress of wrongs for violations of such
rights.
2. Vested in the Supreme Court and such lower courts as may be established by law.
3. Since the courts are given judicial power and nothing more, courts may neither attempt to assume or be
compelled to perform non-judicial functions. They may not be charged with administrative functions except
when reasonably incidental to the fulfillment of their duties.

4. In order that courts may exercise this power, there must exist the following:

a.
b.
c.

An actual controversy with legally demandable and enforceable rights;

Involving real parties in interest;
The exercise of such power will bind the parties by virtue of the courts application of existing
laws.

5. Judicial power cannot be exercised in vacuum. Without any laws from which rights arise and which are
violated, there can be no recourse to the courts.

6. The courts cannot be asked for advisory opinions.

7. Judicial power includes:

a.

The duty of the courts to settle actual controversies involving rights which are legally demandable
and enforceable; and

b.

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.

FISCAL AUTONOMY

1.
2.
3.

The entire judiciary shall enjoy fiscal autonomy.

Annual appropriations for the judiciary cannot be reduced below the amount appropriated for the
previous year.
Once approved, appropriations shall be automatically and regularly released.

25

JUDICIARY

Composition of the Supreme Court:

1.
2.

Chief Justice and

14 Associate Justices

Note: Members of the Supreme Court and of other courts established by law shall not be designated to any
agency performing quasi-judicial or administrative functions.

Section 8. JUDICIAL AND BAR COUNCIL

1. The Judicial and Bar Council is under the supervision of the SC.

A. Is under the supervision of the Supreme Court and is composed of:

1.
2.
3.
4.
5.
6.
7.

Chief Justice, as ex-officio chairman

Secretary of Justice, as an ex-officio member
Representative of Congress, as an ex-officio member
Representative of the Integrated Bar
A professor of law
A retired member of the SC; and
Private sector representative

Note: The last four re the regular members of the JBC. Regular members are appointed by the President with
CA approval. Regular members serve for 4 years, with staggered terms.
B. Functions of JBC
1.
2.

Principal function: recommend appointees to the Judiciary

Exercise such other functions as the SC may assign to it.

C. Appointments to the Judiciary

1.
2.
3.
4.

President shall appoint from a list of at least 3 nominees for each vacancy, as prepared by the
JBC.
No CA confirmation is needed for appointments to the Judiciary.
Vacancies in SC should be filled within 90 days from the occurrence of the vacancy.
Vacancies in lower courts should be filled within 90 days from submission to the President of
the JBC list.

SEC. 10. SALARIES

1. Salaries of SC Justices and judges of lower courts shall be fixed by law.

2. Cannot be decreased during their continuance in office, but can be increased.
3. Members of the Judiciary are NOT exempt from payment of income tax.

26

SEC. 11. TENURE/DISCIPLINARY POWERS OF SC

1. Members of the SC and judges of the lower courts hold office during good behavior until
a. The age of 70 years old; or
b. They become incapacitated to discharge their duties.

2. Disciplinary action against judges of lower courts:

a. Only the SC en banc has jurisdiction to discipline or dismiss judges of lower courts.
b. Disciplinary action/dismissal: Majority vote of SC Justices who took part in the deliberations and
voted therein.

3. Removal of SC Justices:

a. Only by IMPEACHMENT.
b. Cannot be disbarred while they hold office.

SECS. 4-6, 13. THE SUPREME COURT

Hearing of cases:

1.
2.

En banc; or
Divisions of 3, 5, or 7.

Cases required to be heard en banc:

1. All cases involving constitutionality of a/an:

a. Treaty
b. International or executive agreement or
c. Law.

2. All cases required to be heard en banc under the Rules of Court:

a. Appeals from Sandiganbayan; and
b. From the Constitutional Commissions

3. All cases involving the constitutionality, application or operation of

a. Presidential decrees
b. Proclamations
c. Orders
d. Instructions

27

e. Ordinances; and
f. Other regulations.

4. Cases heard by a division where required majority of 3 was not obtained.

5. Cases where SC modifies or reverses a doctrine or principle of law laid down by the SC en banc or by a
division.

6. Administrative cases to discipline or dismiss judges of lower courts; and

7. Election contests for President and Vice-President.

Cases heard by division

1. Must be decided with the concurrence of a majority of the members who took part in the deliberations and
voted thereon.
2. Majority vote in a division should be at least 3 members.

Powers of the SC

1. SC has ORIGINAL jurisdiction over

a. Cases affecting ambassadors, other public ministers and consuls.
Note: This refers to foreign ambassadors, etc., stationed in the Philippines.
b. Petitions for certiorari, prohibiton, mandamus, quo warranto, and habeas corpus.

2. SC has APPELLATE jurisdiction over final judgments and orders in the following:

a. All cases involving the constitutionality or validity of any

i.
ii.
iii.
iv.
v.
vi.
vii.

treaty
international or executive agreement
law
presidential decree
proclamation
order
instruction

28

viii.
ix.

ordinance, or
regulation;

b. All cases involving the legality of any

i.
ii.
iii.
iv.
v.

tax
impost
assessment or
toll or
any penalty imposed in relation thereto;

c. All cases in which the jurisdiction of any lower court is in issue

d. Criminal cases where the penalty imposed is reclusion perpetua or higher; and

e. All cases where ONLY errors or questions of law are involved.

3. Temporarily assign lower court judges to other stations in the public interest.
Note: Temporary assignment shall not exceed 6 months without the consent of the judge concerned.

4. Order a change of venue or place of trial to avoid a miscarriage of justice.

5. Promulgate rules concerning:

a. The protection and enforcement of constitutional rights;
b. Pleading, practice and procedure in all courts;
c. Admission to the practice of law;
d. The Integrated Bar; and
e. Legal assistance to the underprivileged.

Limitations on Rule Making Power

a. It should provide a simplified and inexpensive procedure for the speedy disposition of cases.
b. It should be uniform for all courts of the same grade.
c. It should not diminish, increase, or modify substantive rights.

6. Appoint ALL officials and employees of the Judiciary, in accordance with Civil Service Law.

29

7. Exercise administrative supervision over ALL courts and the personnel thereof.

Decisions of the Supreme Court:

1. Reached in consultation before being assigned to a member for the writing of the opinion.
2. A certification to this effect must be signed by the Chief Justice and attached to the record of the case and
served upon the parties.
3. Members of the SC who took no part, or who dissented or abstained must state the reasons therefore.

Note: This procedure shall also be observed by all lower collegiate courts (CA, CTA, and the
Sandiganbayan).

JUDICIAL REVIEW

Definition

1. Judicial Review is the power of the SC to declare a law, treaty, ordinance etc. unconstitutional.
2. Lower courts may also exercise the power of judicial review, subject to the appellate jurisdiction of the SC.
3. Only SC decisions are precedent, and thus, only SC decisions are binding on all.

Requisites

1. An ACTUAL CASE calling for the exercise of judicial power

2. The question involved must be RIPE FOR ADJUDICATION, i.e. the government act must have had an adverse
effect on the person challenging it.
3. The person challenging the governmental act must have STANDING, i.e. a personal and substantial interest
in the case such that he has sustained, or will sustain, direct injury as a result of its enforcement.
4. The question of Constitutionality must be raised in the first instance, or at the earliest opportunity.
5. Resolution of the issue of constitutionality is unavoidable or is the very lis mota.

Effect of a declaration of unconstitutionality:

1. Prior to the declaration that a particular law is unconstitutional, it is considered as an operative fact which
at that time had to be complied with.
2. Thus, vested rights may have been acquired under such law before it was declared unconstitutional.
3. These rights are not prejudiced by the subsequent declaration that the law is unconstitutional.

SEC. 14. DECISIONS

30

1. Decisions MUST state clearly and distinctly the facts and the law on which it is based.
2. Refusal to give due course to petitions for review and motions for reconsideration must state the legal basis
for such refusal.
3. Memorandum decisions, where the appellate court adopts the findings of fact and law of the lower court,
are allowed as long as the decision adopted by reference is attached to the Memorandum for easy
reference.
4. These rules only apply to courts. They do not apply to quasi-judicial or administrative bodies nor to military
tribunals.

CONSITUTIONAL COMMISSIONS
Civil Service Commission (CSC)
Commission on Elections (COMELEC)
Commission on Audit (COA)
Safeguards ensuring their independence:
1. Constitutionally created
2. Functions may not be reduced by statute
3. Chairmen and members cannot be removed except by impeachment
4. Chairmen and members have relatively long term of office of 7 years
5. No reappointment or appointment in an acting capacity
Brillantes v. Yorac
6. Fiscal autonomy
7. Salaries may not be decreased during continuance in office
8. Power to promulgate rules of procedure

Decisions are reached by majority vote of all members

Estrella v. Comelec:
What is required is the majority vote of all the members, not only of those who participated in the
deliberations and voted thereon in order that a valid decision may be made by the Constitutional Commissions.
Civil Service Commission
(will be further discussed in your Admin Law and Public Officers Law subjects)
3 members
Appointed by the President with the consent of the Commission on Appointments
Central Personnel Agency of the Government
Scope of Civil Service: Embraces all branches, subdivisions, instrumentalities and agencies of the Government,
including GOCC with original charters
Thus:
An employee of the government covered by the CSC law/rules
nd
An employee of a private company governed by Labor law (a 2 year subject)
GOCCs with original charters
rd
As distinguished from those created under the Corporation Code (Your 3 year subject)

31

UP, having been created by a special law and having an original charter, is clearly part of the Civil Service. (UP v.
Regino)
Appointments in the Civil Service made only according to merit and fitness to be determined, as far as
practicable by competitive exams. Except for the following:
Policy determining where the officer lays down principal or fundamental guidelines or rules
Primarily confidential denotes close intimacy which ensures freedom of intercourse without embarrassment
or freedom from misgivings or betrayals on confidential matters (De los Santos v. Mallare)
Highly technical requires possession of technical skill or training in a superior degree.
Rules on appointments:
Appointing authority for every government agency as determined by law (Admin Code, CSC law, etc.)
As long as the appointee possesses the minimum qualification requirements prescribed by law, appointing
authority has discretion who to appoint. (Luego v. CSC)
The discretion of the appointing authority is not only in the choice of the person who is to be appointed, but
also in the nature or character of the appointment whether permanent or authority. (Province of Camarines
Sur v. CA)
Rules expressly provided by the Constitution:
1. No candidate who has lost in any election shall, within one year after such election, be appointed to
any office in the Government or any GOCC or in any subsidiaries. (Note the case of Mar Roxas who
had to wait for a year to be appointed as Cabinet Secretary after losing in the VP elections)
2. No elective official shall be eligible for appointment or designation in any capacity to any public office
or position during his tenure

3.
4.
5.

6.

Section 7 Article IX-B ! Unless otherwise allowed by law or by the primary functions of the
position, no appointive official shall hold any other office in the Government... (Funa, CLU cases)
Note that this is the general rule, Article 7 Sec 13 is the exception (for Pres, VP, Cabinet Sec and dep)
Security of Tenure for govt employees
Valid abolition of office does not violate security of tenure. Note: abolition must be in good faith
No officer or employee in the Civil Service shall engage, directly or indirectly, in any electioneering or
partisan political campaign.
Right to self-organize
BUT Government employees may not engage in strikes to demand changes in the terms and
conditions of employment for these terms are provided by law (Alliance of Concerned Teachers v.
Carino)
Prohibition on Double Compensation
This does not mean that a govt retiree cannot receive pension and at the same time receive
compensation for a new government position. (Santos v. CA)

THE COMMISSION ON ELECTIONS

Composition: (7)
1)Chairman and
2)Commissioners (6)
Qualifications include: Not candidates for any elective position in the immediately preceding elections.
5) Majority of the Commission, including the Chairman must be:
a). Members of the Philippines Bar
b). Engaged in the practice of law for at least 10 years: any activity in or out of court, which requires
the application of law, legal procedure, knowledge, training and experience.
6) Appointments subject to CA approval
Powers:

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1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite,
initiative, referendum, and recall.
(a) Ex: COMELEC can enjoin construction of public works within 45 days of an election.
2) Exercise:
Exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications
of all elective

1. Regional,
2. Provincial, and
3. City officials
B. Appellate jurisdiction over all contests involving:
1. Elective municipal officials decided by trial courts of general jurisdiction
2. Elective barangay officials decided by trial courts of limited jurisdiction.
C. Decisions, final orders, or rulings of the Commission on election contests involving elective
municipal and barangay offices shall be final, executory, and not appealable.
Exception: Appealable to the SC on questions of law.
3) Decide, except 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.

Note: Questions involving the right to vote fall within the jurisdiction of the ordinary courts.

4) Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of
the Government, including the Armed Forces of the Philippines, for the exclusive purpose of
ensuring free, orderly, honest, peaceful, and credible elections.

a). This power is NOT limited to the election period.

b). Applies to both criminal and administrative cases.

5) Registration of political parties, organizations, or coalitions/accreditation of citizens arms of the

Commission on Elections.

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Rules of Procedure

1) COMELEC can sit en banc or in two divisions

2) It has the power to promulgate its own rules of procedure in order to expedite disposition of election
cases, including pre-election controversies.

Section 4. SUPERVISION/REGULATION OF FANCHISES / PERMITS / GRANTS / SPECIAL PRIVILEGES /

CONCESSIONS

Regulation of franchises

A. What can COMELEC supervise or regulate

1). The enjoyment or utilization of all franchises or permits for the operation of transportation and
other public utilities, media of communication or information.
2). Grants, special privileges or concessions granted by the Government or any subdivision, agency
or instrumentality thereof, including any GOCC or its subsidiary

B. When can COMELEC exercise this power

1). During the election period

a). Under Article XI, Section 9, the election period commences 90 days before

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the day of the election and ends 30 days thereafter.

b). In special cases, COMELEC can fix a period.

2). Applies not just to elections but also to plebiscites and referenda.
3). Plebiscite: Submission of constitutional amendments or important legislative measures to the
people ratification
4). Referendum: power of the electorate to approve or reject legislation through an election called
for that purpose.

No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and regulations
shall be granted by the President without the favorable recommendation of the Commission.

THE COMMISSION ON AUDIT

Section 1. COMPOSITION/QUALIFICATIONS
Composition:
1) Chairman, and
2) Commissioners (2).
Qualifications include:
CPAs with at least 10 years auditing experience; or Members of Phil. Bar with 10 years of practice. (Members
cannot all belong to the same profession)
Must not have been candidates for any elective position in the elections immediately preceding their
appointment.

POWERS
1) Examine, audit, and settle accounts pertaining to:
A. Revenue and receipts of funds or property; or
B. Expenditures and uses of funds or property
Owned or held in trust by, or pertain to:
A. The Government;

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B.
C.

Any of its subdivisions, agencies or instrumentalities;

Including GOCCs with original charters.

2) Conduct post-audit with respect to the following:

A.
B.
C.
D.

Constitutional bodies, commissions, and offices granted fiscal autonomy;

Autonomous state colleges and universities;
GOCCs and their subsidiaries incorporated under the Corporation Code.
None-governmental entities receiving subsidies or equity, directly or indirectly, from or through
the government, which are required by law of the granting of institution to submit to such audit.

3) If COA finds internal control system of audited agencies as inadequate, COA may adopt measures,
including temporary or special pre-audit, as may be necessary.
4) Keep the general accounts of the government, preserving vouchers and other supporting papers pertaining
thereto.
5) Exclusive authority to define the scope of COAs audit and examination and to establish the techniques and
methods required therefor.
6) Promulgate accounting and auditing rules and regulations.
A.
B.

Including those for the prevention or disallowance of irregular, unnecessary, excessive,

extravagant, or unconscionable expenditures or uses of government funds and properties.
Failure to comply with these rules can be a ground for disapproving the payment of a proposed
expenditure.

Note:
1) The functions of COA can be classified as:
A.
B.
C.
D.
E.

Examine and audit all forms of government revenues;

Examine and audit all forms of govt expenditures
Settle govt accounts
Promulgate accounting and auditing rules (including those for the prevention of
irregularexpenditures.
To decide administrative cases involving expenditures of public funds.

2) COA can settle only LIQUIDATED ACCOUNTS or those accounts which may be adjusted simply by arithmetic
process.
3) COA has authority not just over accountable officers but also over other officers who perform functions
related to accounting such as verification of evaluations and computation of fees collectible, and the
adoption of internal rules of control.
4) COA does not have the power to fix the amount of an unfixed or undetermined debt.
5) Where the following requirements are complied with, it becomes the ministerial duty of the COA to
approve and pass in audit vouchers for payment:
A. There is a law appropriating funds for a particular purpose;
B. There is a contract, made by the proper officer, entered into in conformity with the abovementioned law;
C. The goods or services covered by such contract have been delivered or rendered in pursuance to
such contract, as attested by the proper officer; and
D. Payment has been authorized by officials of the corresponding department or bureau.

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Section 3. 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 Commission on Audit.

ARTICLE XVII- AMENDMENTS OR REVISIONS

Definitions:
1) Amendment: an alteration of one or a few specific provisions of the Constitution. Its main purpose is to
improve specific provisions of the Constitution. The changes brought about by amendments will not affect
the other provisions of the Constitution.
2) Revision: An examination of the entire Constitution to determine how and to what extent it should be
altered. A revision implies substantive change, affecting the Constitution as a whole.
Constituent power v. Legislative power
1) Constituent power is the power to formulate a Constitution or to propose amendments to or revisions of
the Constitution and to ratify such proposal. Legislative power is the power to pass, repeal or amend or
ordinary laws or statutes (as opposed to organic law).
2) Constituent power is exercised by Congress (by special constitutional conferment), by a Constitutional
Convention or Commission, by the people through initiative and referendum, and ultimately by sovereign
electorate, whereas legislative power is an ordinary power of Congress and of the people, also through
initiative and referendum.
3) The exercise of constituent power does not need the approval of the Chief Executive, whereas the exercise
of legislative power ordinarily needs the approval of the Chief Executive, except when done by people
through initiative and referendum.
Three (3) steps necessary to give effect to amendments and revisions:
1) Proposal of amendments or revisions by the proper constituent assembly;
2) Submission of the proposed amendments or revisions; and
3) Ratification.
Proposal of amendments:
Amendments may be proposed by:
A. Congress, acting as a constituent assembly, by a 3/4 vote of all its members.
The power of Congress to propose amendments is NOT part of its ordinary legislative power.
The only reason Congress can exercise such power is that the Constitution has granted it such power.
B. Constitutional Convention:
1) How a Constitutional Convention may be called
a). Congress may call a ConCon by a 2/3 vote of all its members; or
b). By a majority vote of all its members, Congress may submit to the electorate the question
of whether to call a ConCon or not.
2) Choice of which constituent assembly (either Congress or ConCon) should initiate amendments and
revisions is left to the discretion of Congress. In other words, it is a political question.
3) BUT: The manner of calling a ConCon is subject to judicial review, because the Constitution has
provided for vote requirements.
4) If Congress, acting as a constituent assembly, calls for a ConCon but does not provide the details for
the calling of such ConCon, Congress - exercising its ordinary legislative power - may supply such
details. But in so doing, Congress (as legislature) should not transgress the resolution of Congress
acting as a constituent assembly.
5) Congress, as a constituent assembly and the ConCon have no power to appropriate money for their
expenses. Money may be spent from the treasury only to pursuant to an appropriation made by
law.
C. Peoples Initiative
1) Petition to propose such amendments must be signed be at least 12% of ALL registered voters.

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2) Every legislative district represented by at least 3% of the registered voters therein.

3) Limitation:
It cannot be exercised oftener than once every 5 years.
Note:
1) While the substance of the proposals made by each type of constituent assembly is not subject to judicial
review, the manner the proposals are made is subject to judicial review.
2) Since these constituent assemblies owe their existence to the Constitution, the courts may determine
whether the assembly has acted in accordance with the Constitution.
3) Examples of justiciable issues:
a)

Whether a proposal was approved by the required number of votes in Congress (acting as a
constituent assembly).
b) Whether the approved proposals were properly submitted to the people for ratification.
Proposal of Revisions
1) By Congress, upon a vote of 3/4 of its members
2) By a constitutional convention
Ratification
1) Amendments and revisions proposed by Congress and/or by a ConCon:
a) Valid when ratified by a MAJORITY of votes cast in a plebiscite.
b) Plebiscite is held not earlier than 60 days nor later than 90 days from the approval of such
amendments or revisions.
2) Amendments proposed by the people via initiative:
a) Valid when ratified by a MAJORITY of votes cast in a plebiscite.
b) Plebiscite is held not earlier than 60 days nor later than 90 days after the certification by
COMELEC of the petition's sufficiency.
3) Requisites of a valid ratification:
a) Held in a plebiscite conducted under the election law;
b) Supervised by the COMELEC; and
c) Where only franchised voters (registered) voters take part.
4) Issues regarding ratification:
a) The Constitution does not require that amendments and revisions be submitted to the people in a
special election. Thus, they may be submitted for ratification simultaneously with a general
election.
b) The determination of the conditions under which proposed amendments/revisions are submitted
to the people falls within the legislative sphere. That Congress could have done better does not
make the steps taken unconstitutional.
c) All the proposed amendments/revisions made by the constituent assemblies must be submitted
for ratification in one single plebiscite. There cannot be a piece-meal ratification of
amendments/revisions.
d) Presidential proclamation is NOT required for effectivity of amendments/revisions, UNLESS the
proposed amendments/revisions so provide.

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