COLLEGE OF LAW

Father Saturnino Urios University

CONSTITUTIONAL LAW I
CLARK JAY M. LIM
BL-I
1. What are the measures enshrined in the Constitution to check the power of the
President to declare and implement Martial Law? (5 points)
The President's power to proclaim martial law as well as suspend the privilege of the writ of
habeas corpus is subject to several checks by Congress and by the Supreme Court under the
Constitution:
a. The President is required to submit a report to Congress within 48 hours from declaring martial
law or suspending the privilege of the writ. If the Congress is not in session, it shall convene
within 24 hours following the proclamation of martial law or the suspension of the privilege
without need of any call, in accordance with its rules. The proclamation of martial law or
suspension of the privilege of the writ shall not exceed a period of sixty days, but the Congress
may terminate its effectivity by revoking the proclamation or suspension by a vote of at least a
majority of all its members voting jointly. Upon the initiative of the President, the Congress may
extend such proclamation or suspension to a period to be determined by Congress, if the
invasion or rebellion shall persist and public safety requires it. (Article VIII, Section 18 [1] [2])
b. The Supreme Court may review, in an appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of the proclamation of martial law or the suspension of the
privilege of the writ, or the extension thereof. It must promulgate its decision thereon within 30
days from its filing. (Article VIII, Section 18 [3]) Indeed, Art. VIII, Sec. 1 imposes upon the
courts the duty of determining whether or not there has been grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of the other branches of the government,
in this case, the President.
2. When a city has a population smaller than the minimum size required, how shall it
be represented in Congress? (2 points)
Under Article VI, Section 5 [3], each legislative district shall comprise, as far as practicable,
contiguous, compact, and adjacent territory. Each city with a population of at least two hundred
fifty thousand, or each province, shall have at least one representative. If the city has a
population smaller than the minimum size required, it will be represented as part of one of the
districts within that province. A province is entitled to one representative regardless of the
number of its inhabitants.
3. What is residence and what is domicile and how do they differ from each other? (3
points)
Residence is defined as the place where one habitually resides and to which, when he is absent,
he has the intention of returning. Domicile, for purposes of jurisdiction, means a legal residence
which denotes a fixed permanent residence to which, whenever absent for business, pleasure, or
some other reasons, one intends to return. To distinguish, residence is of a more temporary
nature compared to domicile. The scope and significance of the term domicile is larger than the
term residence. Domicile involves the intent of an individual whereas, residence is something
objective. Residency is a more flexible concept than domicile.
4. What is the composition and function of the Commission on Appointments?
points)

(4

Composition: It consists of the President of the Senate, as ex officio Chairman (shall not vote,
except in case of a tie), twelve (12) Senators, and twelve (12) Members of the House of
Representatives, elected by each House on the basis of proportional representation from the

political parties and parties or organizations registered under the party-list system represented
therein.
Function: The CA shall be constituted within 30 days after the Senate and the House of
Representative shall have been organized with the election of the President and the Speaker. The
CA shall act on all appointments within 30 session days from their submission to Congress. The
CA shall rule by a majority vote of all its members. (Article VI, Section 18)
5. Give five (5) limits on Congress power to appropriate. (5 points)
a. Congress may not increase the appropriations recommended by the President for the
operation of the Government as specified in the budget. Form, content and manner of
preparation of the budget shall be prescribed by law. (Article VI, Section 25 [1])
b. No provision or enactment shall be embraced in the general appropriations bill unless it relates
specifically to some particular appropriation therein. Any such provision or enactment shall be
limited in its operation to the appropriation to which it relates. (Article VI, Section 25 [2])
c. No law shall be passed authorizing any transfer of appropriations; however, the President, the
President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the
Supreme Court, and the heads of the Constitutional Commission 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. (Article VI, Section 25 [5])
d. No money shall be paid out of the National Treasury except in pursuance of an appropriation
made by law. (Article VI, Section 29 [1])
e. 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, 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. (Article VI, Section 29
[2])
6. What are the limitations on the power of legislative investigation? (3 points)
a. Must be in aid of legislation;
b. In accordance with duly published rules of procedure; and
c. Right of person appearing in, or affected by such inquiry shall be respected. (Article VI,
Section 21)
7. What is an item-veto and what instance is it allowed? (2 points)
An item-veto is the power of an executive to nullify or cancel specific provisions of a bill without
vetoing the entire legislative package. It is allowed in instances when the President may veto
particular items in an appropriation, revenue or tariff bill, but the veto shall not affect the item or
items to which he does not object. At any rate, the whole item (and not just a portion) must be
vetoed. (Article VI, Section 27 [2])
8. What is the power of impoundment? Is it legal and constitutional? (2 points)

Executive impoundment is the refusal of the President to spend funds already allocated by
Congress for specific purpose. It is the failure to spend or obligate budget authority of any type
(PHILCONSA v. Enriquez, GR. No. 1131105, Aug. 19, 1994). While its constitutional
conferment is not expressed, the Administrative Code has given the President legal authority,
when in his judgment the public interest requires and upon due notice to the head of office
concerned, to suspend or otherwise stop further expenditure of funds allotted for any agency.

(Section 38, Book VI of the 1987 Revised Administrative Code of Executive Order No.
292)

9. Explain the principle that the Executive Power is the more than the sum of its
specific powers enumerated. (3 points)

In Marcos vs. Manglapus, the Supreme Court had the occasion to say: It would not be accurate
to state that executive power is the power to enforce laws, for the President is the head of state
as well as head of government and whatever powers inherent in such positions pertain to the
office unless the Constitution itself withholds it. The Constitution itself provides that the
execution of laws is only one of the powers of the President. It also grants the President other
powers that do not involve the execution of any provision of law, e.g., his power over the
countrys foreign relations. Although the 1987 Constitution imposes limitations on the exercise of
specific powers of the President, it maintains intact what is traditionally considered as within the
scope of executive power. Corollary, the powers of the President cannot be said limited only to
the specific powers enumerated in the Constitution. In other words, executive power is more
than the sum of specific powers so enumerated. The power involved is the Presidents
residual power to protect the general welfare of the people.

10. How is a tie in presidential and vice presidential election broken? (2 points)
Under the Constitution, the person having the highest number of votes shall be proclaimed
elected, but in case two or more shall have ail equal and highest number of votes, one of them
shall forthwith be chosen by the vote of a majority or all the Members of both Houses of the
Congress, voting separately. Thus, in case of a tie for president and vice-president, Congress, as
the representative of the people, shall vote separately to break such tie. (Article VII, Section 4
[5])
11. What are the two sets of rules in filling up a vacancy in the presidency and what
are the grounds for each rule? (5 points)
a. Vacancies at the beginning of the term:

Grounds

Successor

President-elect
fails to qualify

Vice President-elect shall

act as President until the
President-elect shall have
qualified

Death or
permanent
disability of the
President-elect

Vice President-elect shall

become President

b. Vacancies during the term:

No President
and VicePresident
chosen nor shall
have qualified,
or both shall
have died or
become
permanently
disabled

(1) Senate President or, in

case of his inability, (2)
Speaker of the House of
Representatives, shall act
as President until a President
or a Vice-President 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.

Grounds
Death,
permanent
disability,
removal from
office, or
resignation of
the President

Successor

Vice-President
shall become
President for the
unexpired term

Senate President
or, in case of his
inability, the
12. What is required when the president is
Speaker of the
House of
incapacitated and when the president suffers
Death,
Representatives,
from serious illness? (4 points)
permanent
shall act as President
disability,
until a President or
a. When the president is incapacitated or
removal from
Vice-President shall
office, or
temporarily disabled:
be elected and
resignation of
qualified. Congress,
President and
by law, shall provide
Vice-President
Grounds
Successor
for the manner in
Such powers and duties which
shall be
discharged
one
is to act as
When President transmits to the Senate
by the Vice-President as President
Acting President,
in the
President and the Speaker of the House his
until the President transmits
to
them
a of
event of inability
written declaration that he is unable to
written declaration to
the
the
SPcontrary
and Speaker.
discharge the powers and duties of his
office
When a Majority of all the members of
the Cabinet transmit to the Senate President
and the Speaker their written declaration that
the President is unable to discharge the
powers and duties of his office

The Vice-President shall immediately

assume the powers and duties of the office as
Acting President until the President transmits
to the Senate President and Speaker his
written declaration that no inability exists.

If after the President transmits his

Congress determines by a 2/3 vote of both
declaration of his ability to discharge his
houses, voting separately, that the President
office, and a majority of members of the
is unable to discharge the powers and duties
Cabinet transmit within 5 days to the Senate
of his office, the Vice-President shall act as
President and Speaker their written
President; otherwise, the President shall
declaration that the President is unable to
continue exercising the powers and duties of
discharge the powers and duties of his
his office.
office, Congress shall decide the issue
b. When the President is suffering from a serious illness:
In case of serious illness of the President, (1) the public shall be informed of the state of his
health. (2) Even during such illness, the Members of the Cabinet in charge of national security,
the Secretary of Foreign Affairs, and the Chief of Staff of the Armed Forces of the Philippines shall
be entitled access to the President during such illness.
13. What is an ad interim appointment, when is it made, and how is it terminated? (5
points)
Ad interim or recess appointments are those made by the President who has the power to make
appointments. Such appointments are made during the recess of the Congress, whether
voluntary or compulsory, but such appointments may be terminated (1) upon disapproval by the

Commission on Appointments or (2) until the next adjournment of the Congress. (Article VII,
Section 16 [2])
14. What are the three types of Martial Law? (6 points)
The definition of martial law in the Philippine Constitution, which terms carries in American law
since the Constitution is traceable to American origins. There are three kinds of military
jurisdiction:
1) To be exercised both in peace and war;
2) To be exercised in time of foreign war without the boundaries of the United States, or in time
of rebellion and civil war within the State or districts occupied by rebels treated as belligerents;
and
3) To be exercised in time of invasion or insurrection within the limits of the United States, or
during the rebellion within the limits of states maintaining adhesion to the National Government,
when the public danger requires its exercise.
15. What are the limits on Executive Clemency? (3 points)
The following are the limitations on Executive Clemency:
a. It cannot be granted in cases of impeachment (Article VII, Section 19);
b. Reprieves, commutations, pardon, and remission of fines and forfeitures can be granted only
after conviction by final judgment (People v. Salle, 250 SCRA 581);
c. The favorable recommendation of the COMELEC is required for violation of election laws, rules
and regulations (Article IX-C, Section 5).
d. Cannot absolve the concept of civil liability;
e. Cannot be granted to cases of legislative contempt or civil contempt; and
f. Cannot restore public offices forfeited, even if pardon restores the eligibility for said offices.
(Monsanto v. Factoran, 1989)

16. Cite the differences between pardon and amnesty? (6 points)

Pardon

Amnesty

Includes any crime

Addressed to political offenses

Granted individually

Granted to classes of persons

Exercised solely by the President

Requires the concurrence of Congress

Private act which must be pleaded and

proved by the person pardoned

Public act of which the courts should

take judicial notice

Looks forward and relieves the

Looks backward and abolishes and
offender from the consequences of an
puts into oblivion the offense itself as
offense of which he has been
though he had committed no offense
convicted
Extended when the person is already
May be exercised even before trial or
convicted by final judgment
investigation
17. Under Section 5 of Article VIII, what are the powers of the Supreme Court? (5
points)
The Supreme Court shall have the following powers:
(1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and
consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas
corpus.
(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of
Court may provide, final judgments and orders of lower courts in:
(a) All cases in which the constitutionality or validity of any treaty, international or
executive agreement, law,
presidential decree, proclamation, order, instruction, ordinance,
or regulation is in question.

(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation
thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.
(e) All cases in which only an error or question of law is involved.
(3) Assign temporarily judges of lower courts to other stations as public interest may require.
Such temporary assignment shall not exceed six months without the consent of the judge
concerned.
(4) Order a change of venue or place of trial to avoid a miscarriage of justice.
(5) Promulgate rules concerning the protection and enforcement of constitutional rights,
pleading, practice, and procedure in all courts, the admission to the practice of law, the
integrated bar, and legal assistance to the under-privileged. Such rules shall provide a simplified
and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of
the same grade, and shall not diminish, increase, or modify substantive rights. Rules of
procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by
the Supreme Court.
(6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.
18. What are the requisites of judicial review? (4 points)
(1) Actual case or controversy - This means that there must be a genuine conflict of legal rights
and interests which can be resolved through judicial determination. (John Hay v. Lim, 2003)
(2) Locus Standi - A proper party is one who has sustained or is in imminent danger of sustaining
a direct injury as a result of the act complained of (IBP v. Zamora, 2000). The alleged injury
must also be capable of being redressed by a favorable judgment (Tolentino v. COMELEC,
2004).
(3) Constitutional question must be raised at the earliest possible opportunity
(4) Lis Mota of the case - Decision on the constitutional question must be determinative of the
case itself.
19. What are considered political questions? (2 points)
A political question is a question of policy. The term may refer to: (1) matters to be exercised by
the people in their primary political capacity; or (2) those specifically delegated to some other
department or particular office of the government, with discretionary power to act. It is
concerned with issues dependent upon the wisdom, not legality, of a particular measure. (Taada
v. Cuenco, 1957) In recent years, the Court has set aside this doctrine and assumed jurisdiction
whenever it found constitutionally-imposed limits on the exercise of powers conferred upon the
Legislative and Executive branches.
20. Who are members of the Judicial and Bar Council and how long are their
respective terms? (4 points)
A Judicial and Bar Council is created under the supervision of the Supreme Court and it shall be
composed of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a
representative of the Congress as ex officio Members, a representative of the Integrated Bar, a
professor of law, a retired Member of the Supreme Court, and a representative of the private
sector. (Article VIII, Section 8)
The regular members of the Council shall be appointed by the President for a term of four
years with the consent of the Commission on Appointments. But the term of those initially
appointed shall be staggered in the following way so as to create continuity in the council: (1)
Representative of the Integrated Bar - 4 years; (2) Professor of Law - 3 years; (3) Retired Justice 2 years; and (4) Private sector - 1 year.
21. What is an enrolled bill? If after the examination of the Journal there are errors
discovered in the enrolled bill, can it be invalidated by judicial decree for being
erroneous? Explain. (5 points)
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. As a general rule, the journal is conclusive upon the courts but an enrolled bill
prevails over the contents of the Journal.
As ruled in the case of Casco Chemical vs. Gimenez, if there has been any mistake in the
printing of the bill before it was certified by the officers of Congress and approved by the
Executive, it is something which the courts cannot speculate, without jeopardizing the principle

of separation of powers and undermining one of the cornerstones of our democratic system. The
remedy is by amendment or curative legislation, not by judicial decree.
22. What is the doctrine of inappropriate provision? Can the President veto a
provision? If so, when is he allowed? (5 points)
Doctrine of Inappropriate Provision - A provision that is constitutionally inappropriate for an
appropriation bill may be singled out for veto even if it is not an appropriation or revenue item.
(Gonzales v. Macaraig, Jr., 191 SCRA 452)
Yes, the President may veto particular items in an appropriation, revenue or tariff bill when the
bill contains a rider which is a provision that does not relate to a particular appropriation stated
in the bill. Since it is an invalid provision under Article VI, Section 25 [2], the President may veto
it as an item.
23. A death penalty has already been final and executory. The SC issued an injunction
deferring the execution of penalty. Such act issuance was questioned as
unconstitutional for being a derogation of the Presidential power of reprieve (The
Executive Power to defer the execution of penalty). Decide with reason. (5 points)
Under Article VII, Section 19, it provides the power of the President to grant reprieves and such
power is exclusive to the President alone. The action of SC in issuing an injunction deferring the
execution of penalty constitutes a derogation of the Presidential power of reprieve. The same
also violates the doctrine of separation of powers. Hence, the act issuance by the Supreme Court
in this case is deemed unconstitutional.
24. Congress created an Electoral Tribunal with the Chief Justice as Chairman and ten
(10) associate justices as member. This was questioned as unconstitutional for being
in violation of Section, Article VIII of the Constitution which provides for only one
Supreme Court. Decide. (5 points)
Under Article VIII, Section 1, the judicial power shall be vested in one Supreme Court and in such
lower courts as may be established by law. The composition made by the Congress in such
Electoral Tribunal is not in accordance with law. The members of the Supreme Court may only sit
as the sole judge of all contests relating to the election, returns and qualifications of the
President or Vice-President alone. This doesnt apply in the case of Congress.
This is a direct violation of Article VI, Section 17, which states that each Electoral Tribunal shall
be composed of nine Members, three of whom shall be Justices of the Supreme Court to be
designated by the Chief Justice, and the remaining six shall be Members of the Senate or the
House of Representatives, as the case may be, who shall be chosen on the basis of proportional
representation. In this case, the Electoral Tribunal consists of the Chief Justice as Chairman and
ten (10) associate justices as members which is already an excess and different from what is
provided in the Constitution. In effect, it had deprived the eligibility of the members of the
Senate or House of Representatives who are supposed to be among of the members of the said
Tribunal. Hence, the act of Congress in the creation of an Electoral Tribunal composing the Chief
Justice as Chairman and ten (10) associate justices as members is unconstitutional.
25. Under the Constitution, Members of the House of Representatives shall be elected
for three (3) years. Congressman Cawtan filed his candidacy for governor. Under the
Omnibus Election Act, he was ipso facto considered resigned from his Office. He
questioned the constitutionality of such provision because it shortens his term under
the Constitution. Provide an argument that opposes his claim that his automatic
disqualification is a shortening of his term. (5 points)
As provided in the Omnibus Election Act, Article IX, Section 67, any elective official, whether
national or local, running for any office other than the one which he is holding in a permanent
capacity, except for President and Vice-President, shall be considered ipso facto resigned from
his office upon the filing of his certificate of candidacy. Thus, Congressman Cawtan was ipso
facto resigned from his Office the moment he filed his candidacy for governor.
In questioning the constitutionality of the said provision, it actually has constitutional basis in
Article VI, Section 13. When Congressman Cawtan, being an incumbent member of the House of
Representatives, filed his candidacy for governor, he is, in effect, forfeiting his seat in Congress.
His automatic disqualification does not constitute a shortening of his term because it is no less
than the Constitution itself which mandates that no Senator or Member of the House of
Representatives may hold any other office or employment in the Government, or any subdivision,
agency, or instrumentality thereof, including government-owned or controlled corporations or

their subsidiaries, during his term without forfeiting his seat. Hence, the provision in the
Omnibus Election Act, which caused his resignation from his Office, is constitutional.