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DOCTRINE OF

CONSTITUTIONAL
SUPREMACY

mandate of this law. Expediency must not


be allowed to sap its strength nor greed
for power debase its rectitude. Right or
wrong, the Constitution must be upheld as

Under this doctrine, if a law or contract

long as it has not been changed by the

violates any norm of the Constitution, that

sovereign people lest its disregard result

law or contract, whether promulgated by

in the usurpation of the majesty of the law

the legislative or by the executive branch

by the pretenders to illegitimate power.

or entered into by private persons for

(Isagani A. Cruz, Philippine Political Law,

private purposes, is null and void and

Central Lawbook Publishing, Co., Inc. 1991

without any force and effect. Thus, since

Ed., p. 11)

the

Constitutional supremacy refers to the


system of government in which the law-making
freedom of parliamentary supremacy cedes to
the requirements of a Constitution.
Parliamentary supremacy is a peremptory rule
of constitutional law, that legislative assemblies
can make or repeal laws at their own will,
supreme over the dictates of the judicial branch,
and subject to the stated jurisdiction of the
legislative assembly, if any.

Constitution

is

the

fundamental,

paramount and supreme law of the nation,


it is deemed written in every statute and
contract. (Manila Prince Hotel v. GSIS, G.R.
No. 122156, Feb. 3, 1997)
Justice Isagani A. Cruz eloquently expound
the essence of this great doctrine in this
wise:
The

The Supreme Court of the Philippines


Constitution

is

the

basic

and

paramount law to which all other laws


must conform and to which all persons,
including the highest officials of the land,
must defer. No act shall be valid, however
nobly intentioned, if it conflicts with the
Constitution. The Constitution must ever
remain supreme. All must bow to the

(Filipino: Katas-taasang Hukuman ng


Pilipinas; colloquially referred to by the
Spanish: Corte Suprema), is the highest court in
the Philippines. It is presided over by a Chief
Justice and is composed of fifteen (15) Justices,
including the Chief Justice. Pursuant to the
Constitution, the Supreme Court has
"administrative supervision over all courts and
the personnel thereof".[1]

The Supreme Court Complex, which was


formerly the part of the University of the
Philippines Manila campus,[2] occupies the
corner of Padre Faura Street and Taft Avenue in
Manila, with the main building directly fronting
the Philippine General Hospital. Until 1945, the
Court met in Cavite.
A person must meet the following requirements
in order to be appointed to the Supreme Court:
(1) natural-born citizenship; (2) at least 40 years
old; and (3) must have been for fifteen years or
more a judge of a lower court or engaged in the
practice of law in the Philippines.[3] An
additional constitutional requirement, though
less precise in nature, is that a judge "must be a
person of proven competence, integrity, probity,
and independence."[4] Upon a vacancy in the
Court, whether for the position of Chief Justice
or Associate Justice, the President fills the
vacancy by appointing a person from a list of at
least 3 nominees prepared by the Judicial and
Bar Council.[5]
Beginning with the 1935 Constitution, Supreme
Court Justices are obliged to retire upon
reaching the mandatory retirement age of 70.[6]
Some Justices had opted to retire before
reaching the age of 70, such as Florentino
Feliciano, who retired at 67 to accept
appointment to the Appellate Body of the World
Trade Organization and Ma. Alicia AustriaMartinez who retired at 68 due to health reasons.
[7]
The 1987 Constitution of the Philippines
provides that: "Section 11, Article VIII. The
Members of the Supreme Court xxx shall hold
office during good behavior until they reach the
age of seventy years or become incapacitated to

discharge the duties of their office."[1] Since,


1901, it was only incumbent Associate Justice
Alicia Austria-Martinez who resigned for health
reasons. Thus, on September, 2008, AustriaMartinez, citing health reasons, filed a letter to
the Court through Reynato Puno, tendering her
resignation effective April 30, 2009, or 15
months before her compulsory retirement on
December 19, 2010. In the October 1 Judicial
and Bar Council's en banc deliberations,
Reynato Puno ruled: The court merely noted it.
We dont have to approve it... it is her right.[8]
During the JBC hearing, a JBC member said
"Austria-Martinez had wanted to retire earlier
because of health reasons. We were told she had
health problems even when she was in the
CA.[9] Retired Chief Justice of the Supreme
Court of the Philippines Artemio Panganiban
stated: "I am saddened that Justice Ma. Alicia
Austria-Martinez has opted to retire early from
the Supreme Court due to 'health reasons.' She is
not bedridden. Neither is she physically or
mentally incapacitated, but she has chosen to
retire on April 30, 2009 because she felt she
could no longer cope with the heavy
caseload."[10] This was followed in 2016
however, by Justice Martin Villarama, who
resigned in January of 2016, due to health
reasons.

Administrative Code of the


Philippines: An Overview
Executive Order No. 292, otherwise known
as the Administrative Code of 1987, is the
basic law governing the organization and
structure of the national government. It is
divided into the following books:

(a) Book I sovereignty and general


provisions;
(b) Book II the distribution of powers of
government;
(c) Book III- the Office of the President;
(d) Book IV the executive branch of
government;
(e) Book V the Constitutional
Commissions;
(f) Book VI national government
budgeting; and
(g) Book VII administrative procedure.
The Administrative Code of 1987 replaced
the 1917 Administrative Code, which was
promulgated when the Philippines was still a
colony of the United States. Efforts were
made in the 1970s to overhaul the 1917
Administrative Code, which efforts resulted
in the drafting of the Administrative Code of
1978. However, the Administrative Code of
1978 was never published and was later
expressly repealed.
THE LOCAL GOVERNMENT
CODE
OF THE PHILIPPINES
(Republic Act No. 7160)

MAIN INDEX

BOOK I
GENERAL PROVISIONS
(SECTIONS 1 TO 127)
BOOK II
LOCAL TAXATION AND
FISCAL MATTERS
(SECTIONS 128 TO
383)
BOOK III
LOCAL GOVERNMENT
UNITS
(SECTIONS 384 TO
510)
BOOK IV
MISCELLANEOUS AND
FINAL PROVISIONS
(SECTIONS 511 TO
536)
AMENDMENT TO
SECTION 41 (B) OF THE
LOCAL GOVERNMENT
CODE
Republic Act No. 8553
AN ACT AMENDING
SECTION 324 (d) of
REPUBLIC ACT NO.
7160, OTHERWISE
KNOWN AS THE LOCAL
GOVERNMENT CODE OF
1991
Republic Act No. 8185
AN ACT CHANGING THE
TERM OF OFFICE OF

BARANGAY OFFICIALS
AND MEMBERS OF THE
SANGGUNIANG
KABATAAN FROM
THREE (3) YEARS TO
FIVE (5) YEARS,
AMENDING FOR THE
PURPOSE SECTION 43
OF REPUBLIC ACT
NUMBERED SEVEN
THOUSAND ONE
HUNDRED SIXTY,
OTHERWISE KNOWN
AS THE LOCAL
GOVERNMENT CODE OF
1991, AND FOR OTHER
PURPOSES
Republic Act No. 8524

Special Penal Laws


1. REPUBLIC ACT NO. 10175
- AN ACT DEFINING CYBERCRIME,
PROVIDING FOR THE PREVENTION,
INVESTIGATION, SUPPRESSION AND
THE

PENALTIES THEREFOR, AND


FOR OTHER PURPOSES
4. Republic Act No. 9775 Anti-Child Pornography Act
of 2009
5. Republic Act No. 9516 - An
Act Further Amending the
Provisions of Presidential
Decree
No.
1866,
As
Amended,
Entitled
"Codifying the Laws on
Illegal/Unlawful Possession,
Manufacture, Dealing in,
Acquisition or Disposition of
Firearms, Ammunition or
Explosives Or Instruments
Used in the Manufacture of
Firearms, Ammunition or
Explosives, and Imposing
Stiffer Penalties for Certain
Violations thereof, and for
Relevant Purposes"
6.

2. REPUBLIC ACT NO. 10158


- AN ACT DECRIMINALIZING
VAGRANCY, AMENDING FOR
THIS PURPOSE ARTICLE 202
OF ACT NO. 3815, AS
AMENDED,
OTHERWISE
KNOWN AS THE REVISED
PENAL CODE
3. REPUBLIC ACT NO. 9995 - AN
ACT
DEFINING
AND
PENALIZING THE CRIME OF
PHOTO
AND
VIDEO
VOYEURISM,
PRESCRIBING

7.

Republic Act No. 9439


[H. No. 68] - An Act
Prohibiting
the
Detention of Patients
in
Hospitals
and
Medical
Clinics
on
Grounds
of
Nonpayment
of
Hospital
Bills
or
Medlcal Expenses
Republic Act No. 9346 An

Act

Prohibiting

the

Imposition of Death Penalty


in the Philippines.
8.

Republic Act No. 9344 An


Act
Establishing
a
Comprehensive
Juvenile
Justice and Welfare System,
Creating the Juvenile Justice
and Welfare Council under
the Department of Justice,
Appropriating
Funds
therefor
and
for
other
Purposes.

9. Republic Act No. 9262 - An


Act
Defining
Violence
Against Women And Their
Children,
Providing
For
Protective
Measures
For
Victims,
Prescribing
Penalties Therefore, And For
Other Purposes.
10.Republic Act No. 9208 - An
Act To Institute Policies to
Eliminate
Trafficking
in
Persons Especially Women
and Children, Establishing
the Necessary Institutional
Mechanisms
for
the
Protection and Support of
Trafficked
Persons,
Providing Penalties for Its
Violations, and for other
Purposes.
11.Republic Act No. 9194 - An
Act Amending Republic Act
No. 9160, Otherwise Known
as
the
"Anti-Money
Laundering Law of 2001"

12.Republic Act No. 9165 Comprehensive


Dangerous
Drugs Act of 2002
13.Republic Act No. 9160 - The
Rules
and
Regulations
Implementing
the
AntiMoney Laundering Act of
2001
14.Republic Act No. 8505 - Rape
Victim
Assistance
and
Protection Act of 1998
15.Republic Act No. 8368 - The
Anti-Squatting Law Repeal
Act of 1997
16.Republic Act No. 8353 - AntiRape Law
17.Republic Act No. 8294 - An
Act Amending the Provisions
of P. D. No. 1866, Entitled
"Codifying the Laws on
Illegal/Unlawful Possession,
Manufacture, Dealing In,
Acquisition or Dispostion of
Firearms, Ammunition or
Explosives or Instruments
Used in the Manufacture of
Firearms, Ammunition or
Explosives, and Imposing
Stiffer Penalties for Certain
Violations Thereof, and for
Relevant Purposes"
18.Republic Act No. 8177 - An
Act Designating Death by
Lethal
Injection
as
the
Method of Carrying Out

Capital
Punishment,
Amending for the Purpose
Article 81 of the Revised
Penal Code, As Amended by
Section 24 of Republic Act
No. 7659
19.Republic Act No. 8049 - AntiHazing Law
20.Republic Act No. 7890 - An
Act Amendig Article 286,
Section Three, Chapter Two,
Title Nine of Act No. 3815,
As
Amended,
Otherwise
Known as the Revised Penal
Code
21.Republic Act No. 7832 Anti-Electricity and Electric
Transmission
Lines/Materials Pilferage Act
of 1994
22.Republic Act No.
Death Penalty Law

7659

23.Republic Act No. 7438 - An


Act Defining Certain Rights
of Person Arrested, Detained
or
Under
Custodial
Investigation as well as the
Duties of the Arresting,
Detaining and Investigating
Officers,
and
Providing
Penalties
for
Violations
Thereof
24.Republic Act No. 7636 - An
Act Repealing Republic Act
Numbered One Thousand

Seven
Hundred,
As
Amended, Otherwise Known
as the Anti-Subversion Act.
25.Republic Act No. 7309 - An
Act Creating a Board of
Claims
Under
the
Department of Justice for
Victims
of
Unjust
Imprisonment or Detention
and
Victims
of
Violent
Crimes
and
for
Other
Purposes
26.Republic Act No. 6981 Witness Protection, Security
and Benefit Act
27.Republic Act No. 6968 - An
Act Punishing the Crime of
Coup d' Etat by Amending
Articles 134, 135 and 136 of
Chapter One, Title Three of
Act Numbered Thirty-Eight
Hundred
and
Fifteen,
Otherwise Known as the
Revised Penal Code, and for
Other Purposes.
28.Republic Act No. 6425 - The
Dangerous Drugs Act of
1972
29.Republic Act No. 1700 - An
Act
to
Outlaw
the
Communist Party of the
Philippines
and
Similar
Associations,
Penalizing
Membership Therein, and
for
Other
Purposes.

(Repealed by Republic Act


No. 7636)
30.Presidential
Decree
No.
2018 - Further Amending
Articles 38 and 39 of the
Labor
Code
by
Making
Illegal Recruitment a Crime
of Economic Sabotage and
Punishable
With
Life
Imprisonment.
31.Presidential
Decree
No.
1996 - Further Amending
Presidential
Decree
No.
1834,
As
Amended.
(Repealed
by
Executive
Order No. 187, Series of
1987)
32.Presidential
Decree
No.
1990
Amending
Presidential
Decree
No.
968, Otherwise Known as
the Probation Law of 1976.
33.Presidential
Decree
No.
1975
Amending
Presidential
Decree
No.
1835 (Repealed by Executive
Order No. 167, Series of
1987
34.Presidential
Decree
No.
1974
Amending
Presidential
Decree
No.
1834 (Repealed by Executive
Order No. 187, Series of
1987)

35.Presidential
Decree
No.
1875
Repealing
Presidential
Decree
No.
1737, Otherwise Known as
an Act Providing for the
Preservation of Public Order
and
the
Protection
of
Individual
Rights
and
Liberties During Periods of
Emergency and Exercise of
Extra-Ordinary
Executive
Powers.
36.Presidential
Decree
No.
1835 - Anti-Subversion Law
of
1981
Codifying
the
Various
Laws
on
AntiSubversion and Increasing
the
Penalties
for
Membership in Subversive
Organizations. (Repealed by
Executive Order No. 167,
Series of 1987)
37.Presidential
Decree
No.
1834
Increasing
the
Penalties for the Crime of
Rebellion,
Sedition,
and
Related
Crimes,
and
Amending for This Purpose
Articles 135, 136, 140, 141,
142, 143, 144, 146 and 147
of th Revised Penal Code and
Adding
Section
142-B
Thereto.
(Repealed
by
Executive Order No. 187,
Series of 1987
38.)Presidential
Decree
No.
1829
Penalizing
Obstruction of Apprehension

and Prosecution of Criminal


Offenders.
39.Presidential
Decree
No.
1745 - Providing for the
Disposition
of
Cases
Involving
Simple
Illegal
Possession
of
Firearm,
Ammunition, or Explosive,
the
Surrender
of
Such
Contraband Under Certain
Guarantees and Conditions,
and for Other Purposes.
40.Presidential
Decree
No.
1744 - Amending Article
Three Hundred and Twenty
of the Revised Penal Code
Provisions on Arson.
41.Presidential
Decree
No.
1743
Amending
Presidential
Decree
No.
1110-A
Penalizing
Any
Attempt on, or Conspiracy
Against, the Life of the Chief
Executive of the Republic of
the Philippines, Any Member
of His Cabinet or Their
Families.
42.Presidential
Decree
No.
1737 - An Act Providing for
the Preservation of Public
Order and the Protection of
Individual
Rights
and
Liberties During Periods of
Emergency and Exercise of
Extraordinary
Executive
Powers.

43.Presidential
Decree
No.
1736
Amending
Presidential
Decree
Numbered Eight Hundred
Eighty-Five,
Otherwise
Known as the Revised AntiSubversion
Law,
As
Amended.
44.Presidential
Decree
No.
1735
Imposing
Additional
Penalties
for
Rebellion,
Insurrection, Sedition and
Subversion
Committed
Within or Outside Philippine
Territory.
Repealed
by
Executive Order No. 187,
Series of 1987)
45.Presidential Decree No. 970
- Amending Articles 138 and
142 of the Revised Penal
Code
and
for
Other
Purposes.
(Repealed
by
Executive Order No. 187,
Series of 1987)
46.Presidential Decree No. 969
Amending
Certain
Provisions of Presidential
Decree
No.
960
Which
Amended Article 201 of the
Revised Penal Code and for
Other Purposes.)
47.Presidential Decree No. 968
- The Probation Law of 1976
Establishing
a
Probation
System,
Appropriating

Funds Therefor
Other Purposes.

and

for

48.Presidential Decree No. 942


- Amending the Provisions of
the Revised Penal Code on
Crimes Against Public Order.
(Repealed
by
Executive
Order No. 187, Series of
1987)
49.)Presidential Decree No. 885
- Revised Anti-Subversion
Law Outlawing Subversive
Organizations,
Penalizing
Membership Therein and for
Other Purposes.
50.Presidential Decree No. 38 Amending Articles 135, 136,
137, 138, 140, 142, 177, 178
and 179 of the Revised Penal
Code.
(Repealed
by
Executive Order No. 187,
Series of 1987))
51.Batas Pambansa Bilang 873 An Act Amending Article 152
of the Revised Penal Code by
Considering
Lawyers
as
Persons in Authority When
in the Performance of Their
Duties or on the Occasion
Thereof.
52.Batas Pambansa Bilang 871 An Act Amending Articles
Two Hundred Ten and Two
Hundred
Eleven
of
Act
Numbered Thirty-Eight and
Fifteen, Otherwise Known as

the Revised Penal Code, As


Amended, to Increase the
Penalty for the Offense of
Bribery.
53.Batas Pambansa Bilang 186 An
Act
Increasing
the
Penalty for White Slave
Trade, Amending for the
Purpose Article 341 of the
Revised Penal Code.
54.Batas Pambansa Bilang 179 An Act Further Amending
Certain Sections of Republic
Act Numbered Sixty-Four
Hundred and Twenty-Five,
Otherwise Known as the
Dangerous Drugs Act of
1972, Appropriating Funds
Therefor, and for Other
Purposes.
55.Batas Pambansa Bilang 92 An
Act
Modifying
the
Definition of the Crime of
Corruption of Minors and
Increasing
the
Penalty
Therefor, Amending for the
Purpose
Article
Three
Hundred
Forty
of
the
Revised Penal Code.
56.Batas Pambansa Bilang 85 An
Act
Authorizing
the
Release of Any Offender or
Accused
Who
Has
Undergone
Preventive
Imprisonment Equal to or
More Than the Possible
Maximum Imprisonment to

Which He May be Sentenced


by Amending the Revised
Penal Code.
57.Batas Pambansa Bilang 76 An
Act
Amending
Presidential
Decree
Numbered Nine Hundred
Sixty-Eight,
as
Amended,
Otherwise Known as the
Probation Law of Nineteen
Hundred and Seventy-Six, So
as to Expand Its Coverage.
58.Batas Pambansa Bilang 71 An Act Further Amending
Article 310 of the Revised
Penal Code.
59.Batas Pambansa Bilang 33 An
Act
Defining
and
Penalizing
Certain
Prohibited Acts Inimical to
the Public Interest and
National Security Involving
Petroleum and/or Petroleum
Products,
Prescribing
Penalties Therefor and for
Other Purposes.

60.Batas Pambansa Bilang 31 An


Act
Amending
Presidential
Decree
Numbered Eight Hundred
Eighty-Five,
Otherwise
Known as the Revised AntiSubversion Law.
61.Batas Pambansa Bilang 22 Bouncing Check Law
62.Batas Pambansa Bilang 6 An Act Reducing the Penalty
for Illegal Possession of
Bladed, Pointed or Blunt
Weapons, and for Other
Purposes, Amending for the
Purpose Presidential Decree
Numbered Nine.
63.Commonwealth Act No. 578 An Act to Amend Article One
Hundred Fifty-Two of the
Revised Penal Code, so as to
Include
Teachers,
Professors,
and
Persons
Charged
With
the
Supervision of Public or
Duly
Recognized
Private

Schools,
Colleges,
and
Universities,
Within
the
Term "Persons in Authority"
.
64.Act
No.
4103
The
Indeterminate Sentence Law
An Act to Provide for an
Indeterminate Sentence and
Parole
for
All
Persons
Convicted of Certain Crimes
by
the
Courts
of
the
Philippine Islands; to Create
a Board of Indeterminate
Sentence and to Provide
Funds Therefor; And for
Other Purposes.
65.A Compilation of Philippine
Laws
Against
Graft
&
Corruption
66.For other related laws, go to:
Repository
of
Philippine
Laws, Statutes and Codes