Sie sind auf Seite 1von 34

CONSTITUTIONAL LAWI

STEPHANIE ROSE B. SENIRES


PRE-MIDTERMS
(SCUTARIUS LEGIS)
I. INTRODUCTORY CONCEPTS
Constitution:
a. Body of rules and maxims in accordance with which the
A. Definitions: Political Law, Constitutional Law, Constitution powers of sovereignty are habitually exercised
b. Serves as a limitation of a states power (state has inherent
Political Law powers)
a. Branch of public law which deals with the operation and
organization of the government organs of the state Is the constitution the source of power of the state?
b. Defines the relationship (rights and obligations) between the No. The constitution merely defines, limits, and establishes the
state and the inhabitants of its territory powers of the State, therefore it is not the source of power. The
source is the State itself. The constitution is the limitation of the
Branches of Political Law: (CALL) otherwise limitless powers of the sovereign.
1. Constitutional Law
2. Administrative Law - Law on Public Officers, Election Laws Nature of the Constitution:
3. Laws on Public Administration Fundamental
4. Laws on Public Corporations Supreme - Doctrine of Constitutional Supremacy
Public Law - branch of law which deals with the State, state Characteristics of the Constitution:
agencies, and the protection of state interests 1. Limitation of the limitless power of the State.
Political Law 2. Doctrine of constitutional supremacy - all laws must conform to the
Criminal Law constitution
International Law
*The constitution is the fundamental, paramount, and supreme law of
Private Law - branch of law which deals with the relationship the nation. It is deem written in every statute and contract. (Manila
between and among individuals Prince Hotel vs. GSIS)
Civil Law
Commercial/Mercantile Law Kinds of Constitution:
1. Written or Unwritten - according to when it is adopted
*Public Law/Political Law - abrogated when there is a transfer in Written: conventional or enacted
sovereignty unless expressly reenacted or retained by the new Written at one time; provisions of which have been
sovereign (Macariola vs. Asuncion) reduced into writing and embodied in one or more
instruments at a particular time.
* Private Law - retained unless expressly abrogated Ex. 1987 Philippine Constitution (ratified 02/02/1987)
Unwritten: cumulative or evolved
Constitutional Law - study of the constitution and the principles Gradually developed by political evolution; has not been
growing out of the interpretations of the provisions of the committed to writing at any specific time but is the
constitution
University of San Carlos / LLB 1 / EH410
CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
collective product of gradual political development Amendment
Ex. English constitution Constituent Assembly - Congress transforms itself to a CA
2. Rigid or Flexible - according to amendment process through a vote (voting separately)
Rigid: process is difficult Constitutional Convention - called by Congress by a vote
Created by a special body other than that which makes the of 2/3 of all its members or by a majority vote of all its
ordinary laws to which it is superior and may only be Members
amended or repealed according to a special process Peoples Initiative - petition of 12% of total # of registered
Ex. 1987 Philippine Constitution voters; each district should be represented by 3%; not self-
Flexible executory; there should be an enabling law
Proceeds from the same source as ordinary laws to which Draft of proposal should be on the face/attached to the
it is not superior but equal in authority and may be altered petition; no draft, petition is invalid
as an ordinary law Present to COMELEC (determines sufficiency of
Ex. British constitution signatures); COMELEC submits certification of
authentication
B. The 1987 Philippine Constitution Ratification: after certification by COMELEC is
submitted
Amendment and Revision 2. Ratification
If proposal is done through CC/CA - majority of votes cast
How do you change the 1987 Constitution? in a plebiscite no earlier than 60 days and not later than 90
There are 2 ways: days after approval
a. Amendment (3 ways) - changing a particular portion of the If proposal is done through PI - majority of votes cast in a
constitution plebiscite after certification by COMELEC of the sufficiency
b. Revision (2 ways) - overhauling the whole constitution of votes

Is it possible for an isolated change to be considered a revision? *It is important to identify if amendment or revision is need to identify
Yes, if it will change the fundamental, philosophical under spinning of the number of ways in proposing a change in the constitution.
the constitution. *RA 6735: Initiative Referendum Law; peoples initiative is for
national/local legislation amendments only; not for constitutional
Sec.1, Art. 17 of the 1987 Constitution revisions (since revisions require cooperation and debate -> collegial
Section 1. Any amendment to, or revision of, this may be proposed body needed)
by:
1. Congress, of members (voting separately) How to revise the 1987 Constitution?
2. Constitutional convention - 2/3 members of congress 1. Constituent Assembly or Constitutional Convention
2. Ratification
How to amend the 1987 Constitution?
1. Proposal (amendment & revision) Qualitative Test - refers to how many provisions will be changed; if
University of San Carlos / LLB 1 / EH410
CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
extensive, it will be considered a revision
Judicial Power - duty of courts of justice to settle actual
Quantitative Test - main inquiry is whether the change will change the controversies and to determine whether or not there has been a grave
nature of the basic government plan abuse of discretion

Doctrine of Fair and Proper Submission JR is part and a parcel of JP


Wherein the people have sufficient time to an intelligent JR is not supremacy of the courts but supremacy of the
appraisal of the questions proposed in the amendments in constitution -> doctrine of constitutional supremacy
connection with the other provisions in order to harmonize the JR does not nullify the act of the other branches of the
constitution as a whole. government but only asserts its solemn and sacred obligation
All amendments to be proposed must be submitted at one assigned by the constitution
time. The Philippines is the first in the world to define JUDICIAL
POWER
Doctrine of Constitutional Supremacy
If a law violates any norm of the constitution, that law is null Conditions for the Exercise of Judicial Review (APEN)
and void; it has no effect. (This is an overstatement, for a law
held unconstitutional is not always wholly a nullity) 1. Actual Case or controversy
If a law or contract violates any norm of the constitution, that There must be conflicting legal rights that would result to full
law or contract whether promulgated by the legislative or blown legal disputes
executive branch or entered into by any private persons for It must not be a hypothetical question otherwise the court will
private purposes, is null and void without any force and effect. just provide an advisory opinion that does not command
obedience
C. The Constitution as interpreted by the Courts: Theory of a. Subverts the very idea of separation of powers
Judicial Review b. Danger of taxing court resources
c. Presumption of constitutionality takes more than
Theory of Judicial Review hypothetical questions

3 Types of Constitutionalism: 2. Filed by the Proper Party


a. British - no written constitution, uncodified Party must have the locus standi or standing to sue
b. Continental - written constitution, no judicial review Party must have sustained an injury or be in immediate danger
c. American - written constitution, judicial review (Ex. 1987 Philippine of sustaining an injury
Constitution) Interests should be specific and substantial rather than general
Exception: Courts can exercise JR even if not the proper party
Judicial Review - power of the courts to declare that a law or if it involves paramount national interest (subjective to the
executive act is not in accord with the constitution; enforces courts) or of transcendental importance
constitutional supremacy Transcendental Importance - when there are instructive
University of San Carlos / LLB 1 / EH410
CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
determinants (any, some, or all)
Able to show the character of the assets involved in the 4. Necessity in deciding the constitutional question
case The issue must be the lis mota (unavoidable question) of
The presence of a clear case of disregard of constitutional the case
prohibition Must present a need to present a CQ; no other grounds
Lack of any other party with a more direct and specific present to base decision of the case
interest in raising the questions being raised Purposeful hesitation: willful hesitation to veer away
Transcendental Importance (Lozano vs. Nograles) constitutionality
Should not be abused To doubt is to sustain
Subjective to the courts
Not an open invitation for the ignorant to file their petitions Moot and academic: an action is considered moot when it no
that prove nothing but their cerebral deficit longer presents a justifiable controversy because the issues
When do the following have standing to sue? involved have become academic or dead
Citizens - direct and personal interest; paramount public 1. There has been a grave violation of the constitution
interest 2. Issue is exceptional in character and involves matters of
Taxpayers - disbursement of public funds; when there is an transcendental importance
allegation of Congress abusing its taxing and spending 3. For purposes of educating the bench and bar
powers 4. Issue is capable of repetition yet evading review
Legislator - infringes his prerogatives as a legislator
Congress - usurpation of the powers of Congress Functions of Judicial Review
Voters - validity of Election Law 1. Checking - invalidating a law or executive act that is found to be
contrary to the constitution
3. Issue of constitutionality should be raised at the earliest time 2. Legitimating - upholding the validity of a law which results from a
CQ must be raised at the earliest part/opportunity of the mere dismissal of a case challenging the validity of the law
proceedings When the Court exercises this function, it uses the double
CQ cant just be an after-thought negative by declaring that the law is "not unconstitutional".
CQ cant just be moot and academic except if its a case This is no mere semantics. The Court cannot declare the law
capable of repetition yet evading review constitutional for it enjoys the presumption of constitutionality,
Exceptions: so that a declaration to that effect by the court would not make
Criminal cases - CQ can be raised at any time in the it more constitutional. On the other hand, anyone who
discretion of the court challenges the validity of a law has the burden of proof to
Civil cases - CQ can be raised at any stage if its necessary show its invalidity. Declaring that the law is not unconstitutional
to the determination of the case itself is tantamount to saying that the challenger has not met the
In ever case, except where there is estoppel, the burden required.
constitutional question may be raised at any stage if it 3. Symbolic - to educate the bench at bar as to the controlling
involves the jurisdiction of the court. principles and concepts on matters of great public importance
University of San Carlos / LLB 1 / EH410
CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
Political Questions
What Court May Exercise Judicial Review What are political questions?
1. Supreme Court 1. Questions of policy
2. Lower Courts 2. Questions delegated solely to the people and the political
departments of the government
Art. VIII, Sec. 5(2). The Supreme Court shall have the following 3. Concerned with wisdom NOT legality
powers: What are justifiable questions?
(2) Review, revise, reverse, modify, or affirm on appeal or 4. Legal questions
certiorari as the law or the Rules of Court may provide, final 5. Entertained by the courts (non-elected branches of the
judgments and orders of lower courts in : government)
(a) All cases in which the constitutionality or validity of any Legal questions belong with the judiciary, questions of wisdom
treaty, international or executive agreement, law, presidential belong with the legislative/executive branches of the government
decree, proclamation, order, instruction, ordinance, or Legal questions - You can only go to court if your case is based
regulation is in question. on a certain law or the constitution has to be legally demandable
If wisdom is gravely abused -> question becomes justifiable if
(b) All cases involving the legality of any tax, impost, discretion is exercised whimsically, arbitrarily, and despotically
assessment, or toll, or any penalty imposed in relation thereto. What triggered the use of political questions? Martial Law.
1987 Philippine Constitution expanded judicial power including
(c) All cases in which the jurisdiction of any lower court is in issues of discretion
issue. Issues of discretion may be tackled by the judiciary as long as the
court can bring out the said issue
(d) All criminal cases in which the penalty imposed is reclusion When courts loop into issues of discretion there are advantages
perpetua or higher. and disadvantages:
a. Advantage - comfort from any grave abuse of discretion
(e) All cases in which only an error or question of law is b. Disadvantage - the issue of judicial supremacy
involved.
Effect of Declaration of Unconstitutionality
All courts are possessed with the power of judicial review. Article 7, New Civil Code of the Phils:
Courts deal with the issues of: (1) legality and (2) constitutional Laws are repealed only by subsequent ones, and their
acts of other government branches violation or non-observance shall not be excused by disuse, or
We present legal questions to the courts custom, or practice to the contrary
Questions of wisdom - decision should be made by the people; When the courts declare a law to be inconsistent with the
given to elected branches of the government; no appreciation of Constitution, the former shall be void and the latter shall
the law/constitution; beneficial; policy statements/questions of govern
policy Administrative or executive acts, orders, and regulations shall
be valid only when they are not contrary to the laws of the
University of San Carlos / LLB 1 / EH410
CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
Constitution 3. Government - agency or instrumentality through which the will
The effect of declaration of unconstitutionality is to make a law of the State is formulated, expressed and realized
void or voidable. 4. Sovereignty - supreme and uncontrollable power inherent in a
Void - it does not enjoy any presumption of validity. As such, it State by which that State is governed.
produces no effect whatsoever, creates no right or office, it
imposes no duty. Whatever penalty was paid during the period of Theories of State: (w/ regards to elements)
its operation must be remitted. 1. Constitutive Theory - four elements of the state are present
Voidable - enjoys the presumption of validity; becomes inoperative (followed by the Philippines)
upon the judicial declaration of its invalidity 2. Declarative Theory - four elements of the state plus declaration of
Prior to issuing unconstitutionality, prove the validity of the law as statehood by international authority must be done
a fact
Doctrine of Operative Fact What is the difference between a state and a nation?
Modern view of Art. 7 of the CC A state is considered a legal concept. A nation is an ethnic concept.
Prior to the declaration, it cannot be denied that indeed, the For the purpose of constitutional law, the two are not distinct. The
law exists as an operative fact and to disregard the action constitution uses the terms interchangeably to designate the legal
done would mean an apparent injustice concept of the state.
Orthodox view - an unconstitutional act is not a law;
considered to never have existed at all; all persons are bond B. Territory
by the declaration of unconstitutionality
Modern view - the court in passing upon the question of Art. I. The national territory comprises the Philippine archipelago, with
unconstitutionality does not annul or repeal the statute if it all the islands and waters embraced therein, and all other territories
finds it in conflict with the constitution; parties to the suit are over which the Philippines has sovereignty or jurisdiction, consisting
concluded by the judgment but no one else is bound of its terrestrial, fluvial, and aerial domains, including its territorial sea,
the seabed, the subsoil, the insular shelves, and other submarine
II. THE PHILIPPINES AS A STATE areas. The waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of
the internal waters of the Philippines.
A. State, Defined
In short, the Philippine territory consists of: (1) the Philippine
What is a state? archipelago, and (2) all territories over which the Philippines has
A state is a group of people having a definite territory possessed sovereignty or jurisdiction.
of a government to which a great body of inhabitants render Of all the constitutions in the world, probably only the Philippines
habitual obedience to an organized government. has a definition of its territory. At first glance, this is useless since
Elements: one's territory under International Law is defined not by one's
1. People - refers simply to the inhabitants of the State. selfserving claims as to what it covers, but by international treaties
2. Territory - fixed portion of the surface of the earth inhabited by and customs. Historically, however, this definition had a valid
the people of the State.
University of San Carlos / LLB 1 / EH410
CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
purpose. The main purpose of the archipelagic doctrine is to protect the
The 1935 Constitution needed to define Philippine territory in territorial interests of an archipelago. If we follow the old rule of
order to prevent its dismemberment by the US. Since, pursuant to international law, it is possible that between islands, e.g. Bohol
the TydingsMcDuffie Act, the draft of the Constitution was to be and Siquijor, due to the more than 24 mile distance between
submitted to the US President for approval, defining the national the 2 islands, there may be high seas. Thus, foreign vessels
territory was a way of making the US acknowledge its extent and may just enter anytime at will, posing danger to the security of
(to) respect its integrity. the State. According to the doctrine, even these bodies of
The 1973 Constitution needed a definition of national territory in water within the baseline, regardless of breadth, form part of
order to lay claim to Sabah. The claim was originally made by the archipelago and are thus considered as internal waters.
President Macapagal. Sabah was one of the territories belonging The archipelagic doctine has a twofold purpose: (1) economic
to the Philippines by historic right and legal title. President Marcos, reasons; (2) national security.
in 1977 on the occasion of an ASEAN Ministerial Meeting in The archipelagic doctrine is the principle that it is an integrated
Singapore announced that the Philippines was willing to drop its unit; everything within it comprises the archipelago.
claims over Sabah; nothing was done, however to amend the
Constitution. Is the Archipelagic Doctrine of Territoriality applied in the 1987
The 1987 Constitution changed the phraseology into: "all other Constitution?
territories over which the Philippines has sovereignty or Yes. The waters around, between, and connecting the islands
jurisdiction." In so changing, the rationale was to remove any regardless of their breadth and dimensions.
irritant to our relations with the Malaysia brought about by the
1973 formulation but without renouncing the claim at the same No one state can enforce their laws to other states; disputes are
time. Anyway, if the Philippines has the right over Sabah under settled by international laws/customs/and standards.
International Law, it possesses that right with or without a
Constitution, the Constitution being merely a municipal law which UN Convention on the Law of the Sea (30 April 1982.)
does not bind other states. The 1987 Constitution, therefore, The exclusive economic zone which shall not extend beyond
contains a definition of national territory so as not to give an 200 nautical miles from baselines from which the breadth of
impression that the Philippines is abandoning its claim over the territorial sea is measured, is recognized in the UNCLOS,
Sabah. Removing such a definition would amount to dropping the of which the Philippines is a signatory. Its concept is that
claim altogether, a fact not for the Commissioners to decide. although it is not part of the territory, exclusive economic
benefit is reserved for the country.
Archipelagic Doctrine of Territoriality
Archipelago - group of islands surrounded by a body of water C. People
The basic concept of an archipelago is that body of water
studded with islands, or the islands surrounded with water, is Different concepts of people
viewed as a unity of islands and waters together forming one a. Inhabitants - Article 1, Section 15 of the 1987 Phil.
unit. This is in contrast to a continent which is a single mass of Constitution; refers to the right of the an individual to be secure
land. in his person is guaranteed by the Constitution
University of San Carlos / LLB 1 / EH410
CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
b. Citizens - Article 4, Section 1; refers to the citizenship of the Philippine Islands for the first time
individual 2. Jus sanguine - blood relation
c. Voters 3. Naturalization - legal act of adopting an alien and clothing him
with the privilege of a native born citizen; done through the
Citizenship Special Committee on Naturalization

Importance: Who are citizens of the RP? When must a person elect Filipino citizenship? (Sec. 1, Article 4)
Section 1, Article 4, 1987 Constitution The person must elect citizenship within a reasonable time which is
a. Those who are citizens of the Philippines at the time of the not more than 3 years but is extendable on valid grounds.
adoption of this constitution
b. Those whose fathers OR mothers are citizens of the How can one elect Filipino citizenship? Election must me expressed.
Philippines a. Make an affidavit of election of Philippine citizenship
c. Those born before January 17, 1973 of Filipino mothers, b. Have an Oath of Allegiance taken
who elect Philippine citizenship upon reaching the age of c. File both documents at the nearest Local Civil Registry
majority (considered as natural born citizens)
d. Those who are naturalized in accordance with the law Naturalization: Judicial, Administrative, Congressional
a. Judicial - CA 473; general law of naturalization applied through
Citizenship Classifications a judicial process; takes time, must comply qualifications and
a. Natural Born - those who are citizens of the RP from birth not have any of the disqualifications
without having to perform any act to acquire or perfect their b. Administrative - RA 9139;The Administrative Naturalization
Philippine citizenship Law of 2000; not necessary to comply with all of the
There was no definition of NB citizens in the 1935 qualifications but must not have any disqualifications
Constitution. c. Congressional - direct act of Congress by passing a bill
Having the status of a NB citizen is important for the
purpose of certain political (running for national office) and What are the requirements needed for an applicant for naturalization
economic (acquiring land in the Philippines) rights open only satisfy under the Revised Naturalization Law or CA 473?
to such citizens. Both the substantive and procedural requirements.

When does the applicant become a Filipino citizen?


b. Naturalized - those who acquire RP citizenship through The applicant becomes a citizen upon taking the oath provided by law
naturalization after satisfactorily passing the period of probation (2 years).

Modes of Acquisition: Citizens of the Philippines Who can raise the question of disqualification on the basis of
1. Jus soli - place of birth; practiced in the Philippines from April citizenship?
11, 1899 - July 1, 1902 (Philippine Bill of 1902) Only the State through the Solicitor-General.
Philippine Bill of 1902 - used the term citizens of the
University of San Carlos / LLB 1 / EH410
CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
Is the possession of a foreign passport or alien certificate of b. By repatriation of deserters of the Army, Navy or Air Corp:
registration (ACR) considered a means of renouncing ones Provided, That a woman who lost her citizenship by reason of
citizenship? her marriage to an alien may be repatriated in accordance with
No. Renunciation must be express. This only asserts foreign the provisions of this Act after the termination of the marital
citizenship before effectively renouncing it. status; and
c. By direct act of the National Assembly (now Congress.)
Loss of Citizenship - Commonwealth Act 63
a. By naturalization in a foreign country; Repatriation: recovery of original citizenship
b. By express renunciation of citizenship or expatriation; Repatriation can be applied in the ff. cases:
c. By subscribing to an oath of allegiance to support the 1. Desertion of armed forces of the Philippines
Constitution or laws of a foreign country upon reaching the age 2. Served in the WW2 armed forces
of majority 3. Served in the US armed forces
d. By rendering service to or accepting commission in the 4. Filipino marries alien
armed forces of a foreign country 5. Political/economic neccesity
e. By cancellation of the certificate of naturalization; Effective date of repatriation when approved - in the case of
f. By having been declared by competent authority, a deserter former natural born citizens, the effective date is the date of
of the Philippine armed forces in time of war, unless application for repatriation
subsequently, a plenary pardon or amnesty has been granted ; Ways of accomplishing repatriation (oath and registration are
g. In case of a woman, upon her marriage, to a foreigner if, by prerequisites)
virtue of the laws in force in her husband's country, she a. Women who lost their citizenship through marriage to aliens
acquires his nationality. and those who lost their citizenship due to economic or
political necessity - taking the oath of allegiance to the RP and
May a certificate of naturalization be canceled? registering in the proper Civil Registry and in the Bureau of
Yes. If it is shown to have been obtained fraudulently or illegally, or if Immigration
the person is shown to have violated the prohibitions imposed on him b. For those who lost their citizenship by serving in the US Armed
by CA 473, Section 18. Evidence must be clear, unequivocal, Forces - taking an oath of allegiance to the RP and registering
convincing and not merely preponderant. the same in the Local Civil Registry where he resides
Steps in Acquiring Repatriation
Will legitimacy or illegitimacy of a child affect his/her citizenship? No. c. Filed petition
d. Petition approved
Can marriage to an alien make you lose your Filipino citizenship? e. Took oath of allegiance
No, unless one expressly renounces his/her Filipino citizenship. f. Registered w/ LCR
g. BID/for certificate of repatriation -> completes process;
Reacquisition - Sec. 25, CA 63 registration is incomplete w/o BID (Bureau of Immigration
a. By naturalization: Provided, That the applicant possess none and Deportation)
of the disqualifications prescribed in now Sec. 4 of CA 473
University of San Carlos / LLB 1 / EH410
CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
Can one choose on how to be repatriated?
No. There are conditions to be considered. Considering the citizenship clause (Art. IV) of our Constitution, it is
possible for the following classes of citizens of the Philippines to
2 year probation (CA 473) possess dual citizenship:
1. Not left the country
2. Dedicated to a lawful profession (1) Those born of Filipino fathers and/or mothers in foreign
3. Has not been convicted countries which follow the principle of jus soli;
4. Has not committed acts prejudicial to the interest of the nation
(2) Those born in the Philippines of Filipino mothers and alien
Frivaldo Doctrine: citizenship retroacts to the day one files their fathers if by the laws of their father's' country such children are
application; requirement of citizenship commences only when one citizens of that country;
assumes offiice
(3) Those who marry aliens if by the laws of the latter's country
Dual Citizenship and Dual Allegiance the former are considered citizens, unless by their act or
omission they are deemed to have renounced Philippine
Art. IV, Sec. 5 Dual allegiance of citizens is inimical to the national citizenship.
interest and shall be dealt with by law.
Dual allegiance - to the situation in which a person simultaneously
Art. XI, Sec. 18. Public officers and employees owe the State and this owes, by some positive act, loyalty to two or more states. While
Constitution allegiance at all times, and any public officer or employee dual citizenship is involuntary, dual allegiance is the result of an
who seeks to change his citizenship or acquire the status of an individual's volition.
immigrant of another country during his tenure shall be dealt with by DUAL ALLEGIANCE IS INIMICAL TO CITIZENSHIP AND SHALL
law. BE DEALT WITH ACCORDING TO LAW.
Dual citizenship - a reality imposed on us because we have no
Dual allegiance is not contradictory to the double nationality of a control of the laws on citizenship of other countries. We recognize
Filipina who married an alien. It is not the business of Philippine law to a child of a Filipino mother. But whether she is considered a
determine if its citizen is also a citizen of another country by virtue of citizen of another country is something completely beyond our
marriage. What Sec. 5 contemplates is the case of aliens who are control. (Fr. Joaquin Bernas)
naturalized as Filipinos but remain loyal to their country of origin We consider that the renunciation needed to lose Philippine
(specifically former Chinese nationals who even ran in the legislative citizenship must be "express," it stands to reason that there can
Yuan of China), as well a public officers who, while serving the be no such loss of Philippine citizenship when there is no
government, seek citizenship in another country. renunciation, either "express" or "implied."
Dual citizenship is involuntary. It refers to the concurrent
Note : Under Sec 40(d) of the Local Government Code, those with application of the laws of two or more different states. Dual
dual citizenship are disqualified from running for any elective local allegiance on the other hand refers to an individuals volition. An
position. individual professes allegiance to another country by knowing and
University of San Carlos / LLB 1 / EH410
CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
intending to do so.

Does RA 9225 refer to dual allegiance?


No. Since the latest oath taken is allegiance to the Philippines. Yet it
doesnt mean the renunciation of the other. Burden of dual allegiance
is transferred to the other country.

University of San Carlos / LLB 1 / EH410


CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
D. SOVEREIGNTY therefore independent from the state (unincorporated - doesnt have their own charter)
Exception (USA vs. Ruiz): if an unincorporated government agency is performing a
What is sovereignty? commercial or private function
Supreme and uncontrollable power inherent in a State by which the State is governed. LGUs have charters of their own.
Power of the state to govern persons and things within its territory. c. When a government official is sued in his official capacity in the performance of official and lawful
action
KINDS: Sue the government official in his official capacity (not personal capacity)
1. Legal - authority which has the power to issue final commands
2. Political - power behind the legal sovereign, or the sum total of the influences that operate upon it A suit is against the State, regardless of who is named as the defendant, if it produces adverse
consequences to the public treasury in terms of disbursement of public funds and loss of
Sovereignty may also be internal or external. government property.
1. Internal sovereignty - refers to the power of the State to control its domestic affairs/territory When a suit is against the State, it cannot prosper unless the State has given its consent.\
Ex. Ability to punish crimes, ability to pass laws) Suit vs. State = dismissible by court either upon motion of the government or upon motion motu
2. External sovereignty - the power of the State to direct its external affairs/relations free from proprio
external control; also known as independence.
Test to determine if suit is against the state:
Reagan vs. CIR - taxing the sale of the car sold in a foreign military base; it was held that the If the state has to do a positive act or an affirmative act
provision in the military bases agreement giving the US criminal jurisdiction over crimes Disbursement of funds
committed even by Filipinos inside the bases is not a derogation of Philippine sovereignty. The Release of property
Philippines has the power to limit the exercise of its sovereignty. When it allows a foreign State to
use part of its territory and waives jurisdiction over crimes committed therein, it does not give up Note: A case will only prosper if the state gave consent otherwise it will be immediately dismissed by
part of its sovereignty but only limits the exercise of its sovereignty." the courts.

Theory of Auto Limitation - property of the State force due to which a State has exclusive legal III. Consent
competence of self-limitation and self-restriction (Jellinek). State cannot be sued without its consent

CHARACTERISTICS: Can there be a suit against the state?


1. Permanent Yes, if there is consent.
2. Exclusive
3. Comprehensive How consent is given?
4. Absolute The consent to be sued, in order to be effective, must come from the State, acting through a duly
5. Indivisible enacted statute. Waiver of state immunity can only be made by an act of legislative body.
6. Inalienable
7. Imprescriptible Republic v Feliciano - the SC held that the Proclamation of the President of the Philippines
(recognizing private rights to the land) cannot be the source of consent, since the Proclamation is
E. SOVEREIGN IMMUNITY: Doctrine of Non-Suability of State not a legislative act.

Doctrine of State Immunity - states immunity from suit is a result of sovereignty KINDS OF CONSENT:
1. Express consent - only though law; embodied in a general or special law; effected only by the will
I. Basis/Justifications of the legislature through the medium of a duly enacted statute
a. Constitutional basis - Article 16, Section 3, 1987 Constitution; the State may not be sued without a. General law: ex. Money claim - ACT 3083 (money claim), Art 2180 NCC (state can
its consent only be liable if the state acts through special agents; designation of special agents
b. Philosophical Reason - there can be no legal right against the authority which matters the law on must be done an official order)
which the right depends (Holmes) b. Special law: peculiar only to certain persons
c. Sociological basis - if the state is amenable to suits, all its time would be spent defending itself
from suits and this would prevent it from performing its other functions (Republic vs. Villasor) Scope of consent - Act 3083; When a money judgment is given against the
government, the ordinary rule for execution would not apply, for the consent of the
II. Suit Against the State government to be sued is only up to the point of judgment. If it does not pay, it cannot
When is there a suit against the state? (RP vs. Feliciano) be compelled to pay by attachment or otherwise
a. When the state is sued by its name (Ex. X vs. RP)
b. When the case is against a government agency that is unincorporated and if performing 2. Implied Consent
governmental function. a. When the state enters into a business contract - government is deemed to have descended
Incorporated government agencies have their own charter so it has a personality of its own to the level of the other contacting party and divested of its sovereign immunity from suit

University of San Carlos / LLB 1 / EH410


CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
with its implied consent because it goes beyond the ways of changing the government within the framework of the
b. When the state commences litigation, state becomes vulnerable to counterclaims governmental machinery.
When the State itself files a complaint, the defendant is entitled to file a counterclaim
against it. This is based on equitable grounds. *EDSA 1 - extra constitutional; EDSA 2 - intra constitutional
c. Forced sale/expropriation: when one will be paid just compensation when his property will
be used by the government which is to be determined by the court, thus the state opens the Is DSA legal?
possibility of being sued Yes, because everything that the state acts is legal. A revolt of the people becomes illegal if it is not
successful. (Doctrine of Revolution)
When the government enters into commercial contracts and descends to the status of
ordinary persons (jure gestioni), it can be sued like any other person. What is the difference between government and administration?
When consent to be sued is provided by the charter, the consent does not stop with the A government is permanent (Philippine government) but an administration is transitional (Arroyo
rendition, but goes up to the satisfaction of the judgment. (PNB vs. CIR) administration).
Liability is not the same with suability. Simply because the State consented to be sued, it
doesnt mean the State is conceding liability. All it allows you to do is prove that there is III. Kinds of Government
liability in the part of the state. Based on the number of persons holding power)
EXECUTION - Consent to be sued extends only to the proceedings prior to execution. 1. Monarchy - 1 ruler
2. Aristocracy/Oligarchy - held by a few
RP vs. Villasor - The consent to be sued is only up to the judgment and not to the execution 3. Democracy: majority of the people
thereof because public funds are reserved only for specific purposes. Judgment can only be Pure/Direct democracy - peoples will directly expressed by them
enforced if there is a separate, specific appropriation for it made by congress. Indirect/Republican - ruled through a government by the people

F. GOVERNMENT Based on relationship between legislative and executive


1. Presidential - complete separation of executive and legislative department
I. Government in general, defined. 2. Parliamentary - executive and legislative department are not separated
Agency of the state through which the will of the state is formulated, expressed, and carried out
Government is that institution or aggregate of institutions by which an independent society Based on power of central authority
makes and carries out those rules of action which are necessary to enable men to live in a social
state or which are imposed upon the people forming that society by those who possess the power Other Classification (Co Kim Cham): Kinds of government based on legitimacy
or authority of prescribing them. 1. De jure - has the rightful, legal title, but has no power or control either because this has been
Government is the aggregate of authorities which rule a society. (US v Dorr, 2 Phil 332, 339). withdrawn from it or because it has not yet actually entered into the exercise thereof
2. De facto - one has control but has no rightful, legal title
II. Government of the Philippines, defined. Kinds of de facto governments:
Government of the Republic of the Philippines is defined as "the corporate governmental entity a. Formed through rebellion - The government that gets possession and control of, or
through which the functions of government are exercised throughout the Philippines, including, usurps, by force or by the voice of the majority, the rightful legal government and
save as the contrary appears from the context, the various arms through which political authority maintains itself against the will of the latter.
is made effective in the Philippines, whether pertaining to the autonomous regions, the provincial, b. Formed through insurrection - That established as an independent government by the
city, municipal or barangay subdivisions or other form of local government." [Administrative Code inhabitants of a country who rise in insurrection against the parent state.
of 1987, Sec. 2(1).] c. Formed through occupation - That which is established and maintained by military
forces who invade and occupy a territory of the enemy in the course of war, and w/c is
The State denominated as a government of paramount force, like the Second Republic of the
the principal; an abstraction - while government is the agent Philippines established by the Japanese belligerent.
mandates the agent to do what is lawful, legal, and beneficial Its existence is maintained by active military power w/in the territories, and
the state can do no wrong because it sets the law, what is right or wrong against the rightful authority of an established and lawful government
so if the government does something wrong, the state is not liable During its existence, it must necessarily be obeyed in civil matters by private
if the government no longer carries out the mandate of the state, the state can act through citizens who, by acts of obedience rendered in submission to such force, do not
its people -> Doctrine of Direct State Action (related concept to the Doctrine of become responsible, as wrongdoers, for those acts though not warranted by the
Revolution) laws of the rightful govt.
direct state action is legal because the state can do no wrong
Art. 2 says that the Philippines is a democratic and republican government.
Is direct state action constitutional? Republican government - technically the people are the sovereign and their representatives are
According to the SC, the revolt of the people orbits outside the constitutional loop. It is not the slaves; people exercise their power not directly but through their representatives
constitutional, rather it is extra-constitutional (orbits outside the loop of the constitution; not in the
constitution but not prohibited either). Direct state action cannot be provided in the constitution IV. Functions of the Government

University of San Carlos / LLB 1 / EH410


CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
1. Constituent - constitute the very bonds of society and are therefore compulsory
2. Ministrant - those undertaken to advance the general interests of society, such as public works, Adherence to International View
public charity, and regulation of trade and industry. These functions are merely optional "Adopts the generally accepted principles of international law" means - the Philippines uses the
3. Doctrine of Parens Patriae - guardian of the rights of the people incorporation theory. Without need of statute, these principles of international law become part of
the Philippine body of laws from the municipal point of view.
V. Doctrine of Parens Patriae "Adherence to the principles of international law" was adopted from the Kellogg Brian Pact.
One of the important tasks of the government is to act for the State as parens patriae, or guardian Renunciation of war; adopts the generally accepted principles of international law as part of the
of the rights of the people. law of the land
Inherent in the supreme power every State, whether that power is lodged in a royal person or in war: renunciation only of offensive or aggressive war
the legislature, and has no affinity to those arbitrary powers which are sometimes exerted by war can be waged if defensive to preserve our existence as a state
irresponsible monarchs to the great detriment of the people and the destruction of their liberties.
2 Doctrines of the generally accepted principles of international law:
1. Transformation - before GAPIL becomes part of the law of the land, congress has to pass a bill
G. PRINCIPLES AND POLICIES OF THE PHILIPPINE GOVERNMENT transforming it into a national law (absence of domestic law invoking GAPIL; GAPIL cant be part
of law of the land)
Principles - binding rules that formed the foundation of the government 2. Incorporation - GAPIL becomes a part of our law automatically
Policies - guidelines which set out a goal to be reached, generally an improvement in economic, the doctrine is what has been adopted by the SC. GAPIL stands with equal footing with out
political, or social feature of the community national laws

I. Principles What if there is a conflict with the GAPIL and our National Laws? (General Acceptable Principle of
National Law)
Sovereignty of the people and republicanism What is subsequent will prevail because they are of equal footing. This is in cognizance of the Doctrine
Under this principle, the Philippines is a democratic state that is, a government for, of, and by the of Incorporation.
people. But it is not a pure democracy. Thus, while it is true that the people are the possessors of
sovereign power, it is equally the case that they cannot exercise the powers of government The Philippines adapts the Incorporation Doctrine (Sec. 2, Article 2)
directly, but only through the medium of their duly elected representatives. Municipal Law -> Domestic Law
Their participation in government consists of :
1. Suffrage electing the officials to whom they delegate the right of government. Note: The court determines what are to be considered as GAPIL. Not all treaties are GAPIL.
2. Plebiscite
Ratifying the Constitution Civilian Supremacy
Approving any amendment thereto The supremacy of civilian rule over the military is ensured by:
With respect to local matters, approving any changes in boundaries, mergers, i. the installation of the President, the highest civilian authority, as the commander-in-chief of
divisions, and even abolition of local offices the military
Creating metropolitan authorities, and ii. the requirement that members of the AFP swear to uphold and defend the Constitution,
Creating autonomous regions which is the fundamental law of the civil government
3. Initiative and referendum enacting or proposing laws, local or national, in a referendum. iii. the professionalization of the service and the strengthening of the patriotism and
4. Recall (Under the Local Government Code.) [as added by Prof. Barlongay.] nationalism, and respect for human rights, of the military
iv. insulation of the AFP from partisan politics
Features of Republicanism: v. prohibition against the appointment to a civil position
1. It is a govt of laws and not of men; vi. compulsory retirement of officers (no overstaying of officers), so as to avoid propagation of
2. There is periodic holding of elections; power)
3. There is observance of principle of separation of powers and of checks and balances; vii. a 3year limitation on the tour of duty of the Chief of Staff, which although extendible in case
4. There is observance of the role that the legislature cannot pass or enact irrepealable laws. of emergency by the President, depends on Congressional declaration of emergency,
viii. requirement of professional recruitment, so as to avoid any regional clique from forming
Why republican and democratic at the same time? within the AFP, as well as (ix) the establishment of a police force that is not only civilian
Democratic because we allow peoples initiative and referendum in legislation. Republican because all character but also under the local executives.
the powers will be exercised by the representatives. The people are supreme at all times even in the times of emergency
Supremacy is shown by having the president, a civilian, to be the commander-in-chief of the AFP
Sovereignty resides in the people and all government authority emanates from them
the right to revolt should not be construed from the statement
sovereignty of the people refers only to the peoples right to express their will in the ballot
Government as protector of the people, and people as defenders of the State

University of San Carlos / LLB 1 / EH410


CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
Art. II Sec. 4. The prime duty of the Government is to serve and protect the people. The Government III. Doctrine of Separation of Powers
may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required 4 premises
under conditions provided by law, to render personal, military or civil service. a. the powers of the government are distributed into 3 classes: executive (enforce), legislative
(make), judicial (apply & interpret)
Art. II, Sec. 5. The maintenance of peace and order, the protection of life, liberty, and property, and the b. these powers are distributed to 3 departments: executive, legislative, judiciary
promotion of the general welfare, are essential for the enjoyment by all the people of the blessing c. all 3 departments are separate, independent, and co-equal
of democracy. d. the separation is not expressly said in an article in the constitution but can be seen through
the provisions on the 3 departments
Note the emphasis on the government as servant of the people, rather than vice-versa.
Note also that the people may by law are required to render "personal" (not proxy) military or civil Why is there a need for the separation of powers?
service. If the major powers of the government are lodged in one person or entity, there is bound to be an
arbitrary rule. In order to prevent that, the major powers should be divided.
Separation of Church and State (Art., 3, Sec. 5)
REQUIREMENTS: Is this doctrine constitutionally enshrined?
1. non-establishment of religion; state cannot favor or establish a religion (one, sum, or all) Article 6, 7, & 8 are the manifestations that the constitution applies the principle of separation of power.
Law is primarily secular; never mind if there are religious benefits (even if benefits are
incidental) IV, Doctrine of Check and Balances
Prevents excessive entanglement of religion
Secular morality vs. religious morality 1. Executive Department
At times there can be inherent contradiction between non-establishment of religion and free checks the judiciary through the presidents pardoning power and appointment
exercise of religion checks the legislative through the veto power of the president
2. free exercise of religion; state cannot force the people to have any religion
a. freedom to believe; absolute 2. Legislative Department
b. freedom to act in accordance with that belief; state may limit this particular freedom checks the executive through amnesty, overriding the veto power, refusal to give consent to
exemption from property tax; for lands and properties used for religious purposes a treaty, and rejection of some appointments, revoke the declaration of the martial law
this does not violate the neutrality policy of the state, according to the US supreme checks the judiciary through limiting the jurisdiction of the supreme court, abolishment of a
court tribunal, and passage of a law amending or repealing another law that has been the basis of
priests can be paid when serving in an orphanage, leprosarium, penal institution; the judiciary to a certain case
priests become a tool to remove or compensate the limitations on the free exercise of
religion 3. Judiciary
checks the executive and legislative through its power of judicial review and expanded
Note: In Aglipay vs. Ruiz, it was shown that public funds cannot be released for religious purposes but jurisdiction
can be used for secular purposes.
Related Concept: Blending of Powers
II. State Policies Law Making
Amnesty
Independent foreign policy and nuclear-free Philippines Treaty Making
Just and Dynamic Social Order
Promoting social justice in all phases of national development BONUS QUESTION FOR MIDTERMS: Reflections on the life of Cory Aquino.
Social justice - the humanization of laws and the equalization of social and economic forces
of the state
Right of the people to a balanced and healthful ecology (Oposa vs. Factoran)
Oposa vs. Factoran: SC speaks of inter-generational responsibility for the State to preserve
and see to it that the ecological or environmental balance will not be irreversibly disrupted
Autonomy to local governments
Autonomy - right to be left alone (general definition)
Basco vs. Pagcor - SC interpreted autonomy to be nothing but decentralization
a. Decentralization of power
b. Decentralization of functions - autonomy of local government units
Right to full public disclosure
Disclosure of matters of public interest
Full public disclosure - right that is subject to limitations as may be provided for by law

University of San Carlos / LLB 1 / EH410


CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
IV. THE LEGISLATIVE DEPARTMENT: STRUCTURE of a multi-party system.
Idea of Monsod
Legislative power - the authority to make laws and to alter or repeal them; vested in the RA7941 - submitted wherein it was mentioned that if you have a sector of society
Congress of the Philippines that is marginalized and underrepresented, a party-list can be created
Prior 1987 Constitution - unicameral government
After 1987 Constitution - bicameral government GUIDELINES IN PARTY-LIST QUALIFICATIONS: (Bagong Bayani vs. COMELEC)
a. Parties must represent the marginalized and underrepresented.
COMPOSITION b. Parties who wish to participate must comply with this policy.
c. The religious sector may not be represented.
Congress is composed of: d. The party must not be disqualified under Sec. 6 of RA7941.
1. Senate - 24 members elected at large e. The party must be an entity funded or assisted by the government.
f. Its nominees must likewise comply with the requirements of law.
May Congress pass a law to increase/decrease the number of members in the Senate? g. Not only the party but also its nominees must represent the marginalized and the
No. If so, the constitution should be amended. underrepresented.
h. The nominees must be able to contribute to the formulation of and enactment of
Art. 6, Sec. 2 as may be provided by law. - refers to the manner of electing senators not to legislation that will benefit the nation.
the number of senators in office.
DISQUALIFICATIONS:
2. House of Representatives - not more than 250 members elected from legislative districts a. Party is a religious sect or an association organized for religious purposes.
b. Party advocates violence or unlawful means to seek its goal.
District Representatives c. Party is foreign.
Sec. 5, Par. 3 Each legislative district shall comprise, as far as practicable, d. Party is receiving support from any foreign government/organization whether
contiguous, compact, and adjacent territory. Each city with a population of two directly through any of its officers or members or indirectly through third parties
hundred fifty thousand, or each province, shall have at least one for partisan election purposes.
representatives. legal requirements in creating a district e. Party fails to comply with laws, rules, or regulations relating to elections.
Territories should be contiguous (w/ physical contact), compact (solid), and f. Party declares untruthful statements in its petition.
adjacent (near) to prevent gerrymandering g. Party has ceased to exist for at least one year.
Gerrymandering - the practice of creating legislative districts to favor a particular h. Party fails to participate in the last two preceding elections or fails to obtain at
candidate or party least 2% of the votes case under the party-list system in the two preceding
elections for the constituency in which it has registered.
How are legislative districts created?
a. Reapportionment Law by Congress How do you choose your party-list? (4 parameters)
w/in 3 years following every return of a census 1. 20% allocation # of party-lists members cant exceed 20% of total
b. Special Laws members of the House including the party-list
City w/ a population of at least 250K 2. 2% threshold only the parties who have 2% of the total valid votes cast
If a province is created for the party-lists can get a seat in the House
3. 3-seat limit if votes are more than 2%, additional seats can be given
When Congress creates a province or a city with a population of no less than (max. of 3)
250K, it is required for Congress to create at least 1 legislative district. (Sema vs. 4. Proportional representation w/ regards to the additional seats allocated
COMELEC)
The creation of a LD can only be done through law. It is only Congress that can What is the composition of party-lists in the House?
create a LD. (Sema vs. COMELEC) 20% of the members of the House including the party-list.
The increasing of the number of representatives can only be done through law by
Congress. How does a party know how many additional seats they are entitles to?
Through proportional representation.
Mariano vs. COMELEC - a city with a population of at least 250K should have at least 1 LD
(emphasis on at least) Banat vs. COMELEC (Table 3)
1. Apply 2% threshold and rank parties from highest to lowest.
Party-List Representatives 2. Additional seats?
This system is hoped to democratize political power by encouraging the growth Multiply remaining additional seats

University of San Carlos / LLB 1 / EH410


CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
% is multiplied by the remaining available seats How do you prove the intention to return to the old domicile? How do you prove that a person
Assign 1 PL seat to each of the parties until all available seats have been distributed has not abandoned the old domicile?
1. Animus manned in the old domicile.
Banta Republic Act 7941 vs. COMELEC - COMELEC has the duty to disclose and release the 2. Animus revertendi in the old domicile.
names of the nominees of the party-lists.
Caasi Doctrine - green card holder; permanent resident (vs. citizenship -- deemed to have
May Congress pass a law to increase/decrease the number of members in the House of abandoned the old domicile)
Representatives? Domicile is not abandoned if the person executes an affidavit to return to the
Yes. If provided by law. Philippines in three years.

Art. 6, Sec. 5 unless otherwise provided by law. - refers to the composition of the House. Read, write, think?
Social Justice Board vs. DDB - requirement of a mandatory drug test
QUALFICATIONS: N-A-R-R-A Students (secondary & tertiary) - drug test is considered constitutional
Irreducible and exclusive requirements Employees (public & private) - drug test is considered constitutional
If one wishes to add/remove a requirement, a constitutional amendment is needed Candidates (national & local) - drug test is considered unconstitutional. Qualifications are
exclusive.
Accused - drug test is considered unconstitutional.
QUALIFICATIONS SENATE HOUSE
TERM OF OFFICE
Natural-born citizen Tenure: period of time that the incumbent actually held office
Term: period of time that the incumbent is mandated to hold
Age on the day of the 35 25
election
1. Senate
Residence 2 years immediately 1 yr IPDE; PL - 1 yr in the Term is 6 years and shall commence, unless otherwise provided by law, at noon on
preceding election Philippines the 30th day of June next following the election
No Senator shall serve for more than 2 consecutive terms
Registered voter Voluntary renunciation - not considered as an interruption in the continuity of service
for the full term for which he/she was elected
Able to read and write
May a Senator serve for more than two terms?
Yes, provided that the terms are NOT consecutive.
(Macalintal vs. COMELEC) - What if you resided in the US for a period of time? Can you still run
for Congress? 2. House of Representatives
Yes. Domicile is synonymously used with residence. Term is 3 years and shall commence, unless otherwise provided by law, at noon on
the 30th day of June next following the election
Domicile: where one considers his/her permanent residence No member of the House shall serve for more than 3 consecutive terms.
3 Classes of Domicile: No voluntary renunciation shall be considered an interruption in the continuity of his
a. Domicile of Origin - acquired at birth and continues until replaced by another service for the full term
domicile
b. Domicile of Choice - chosen by a person to change his former domicile; exercise May a member of the House serve for more than 3 terms?
of free will and presumes legal capacity to make a choice Yes, provided the terms are not successive.
c. Domicile by Operation of Law - law attributes to a person independent of a
persons residence or intention ELECTION
Residence: refers to physical presence of a person TYPES:
1. Regular
If a person has more than 2 residences, how do you establish a new domicile of choice? Unless otherwise provided by law, the regular election of Senators and the House
1. Actual physical presence in the new place. shall be held on the 2nd Monday of May
2. Animus mandendi - intention to live in the new domicile permanently 2. Special
3. Animus non revertendi - intention not to return to the old domicile In case of vacancy, a special election may be called to fill such vacancy in the manner
prescribed by law

University of San Carlos / LLB 1 / EH410


CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
BUT the Senator of member of the House thus elected shall only serve for the noncompliance with rules of procedure made by itself to govern its deliberations.
unexpired term
Vacancy in the Senate (at least 18 months) COMELEC need not call for a special What is the ground for the punishment or dismissal of a member of Congress?
election whenever there is a vacancy because the special election under any law may Disorderly behavior.
be held simultaneously with the next regular election (RA6645)
Vacancy in the House (at least 1 year) COMELEC should call for a special election DISCIPLINE OF MEMBERS
because it has no pre-scheduled election Art. 6, Sec. 16
Each House may punish its members for disorderly behavior
Party-List Representative - not elected directly
District Representative - elected only within the districts involved What is disorderly behavior?
Senators - elected at large Disorderly behavior is determined solely by the discretion of the House concerned. It is a political
question not triable upon the court.
ORGANIZATION AND SESSIONS
Election of Officers - the Senate shall elect is President and the House its Speaker, by How Can Congress punish its members?
majority vote of all its respective members. Each House shall choose such other officers as Censure
it may deem necessary (Senate President and Speaker of the House) Suspension - must not exceed 60 days; wherein the seat is vacated without changing the
A body can only function or transact business when it is organized representative therefore constituents will not have representation
Expulsion - the seat becomes vacant and constituents can elect a replacement
When is the Congress considered organized?
When the Congress has elected its Speaker of the House and Senate President. Expulsion and suspension will be done with 2/3 vote of all the members of the House
Indefinite suspension - reason why the 60 day rule was enacted; the representative/senator
Quorum - Art. 6, Sec. 16 - A majority of each House shall constitute a quorum to do will be silenced but his/her seat will not be deemed vacant
business, but a smaller number may adjourn from day to day and may compel the
attendance of absent members in such manner, and under such penalties, as such House Alejandrino vs. Quezon - Suspension must not exceed 60 days and upon 2/3 vote of all its
may provide members, not merely the members present.
The quorum to conduct business is majority ( +1) of all the members of each House
To pass a law, only the votes of the majority of those present in the session, there Osmena vs. Pedantun - No member shall be questioned nor be held liable in any other place for
being a quorum, is required shifting majority any speech or debate in the Congress or in any committee thereof.

Avelino vs. Cuenco - majority is 50% of members + 1; there is a distinction between majority of Parliamentary immunity - privilege speech in any other place -- not liable in court, only in
each house and majority of all the members of each house Congress
Majority of members of each house means the majority of people present excluding The member of Congress may be held to account for such speech or debate by the House
all members who are unreachable by our own processes to which he/she belongs
Majority of all the members of each house refers to all the members including those
that are absent JOURNAL AND CONGRESSIONAL RECORDS
Quorum is not majority of all members of each house; it includes those who are Art. 6, Sec. 16 - Each House shall keep a Journal of its proceedings and from time to time
absent publish the same, excepting such parts as may, in its judgment, affect national security;
and the yeas and nays on any question shall, at the request of 1/5 of the Members present,
RULES OF PROCEEDINGS be entered in the Journal. Each House shall also keep a Record of its proceedings.
Each House may determine the rules of its proceedings Journal - a resume or summary of the proceedings
If Congress violates its own rules., courts cannot come in unless it violates constitutional Record - word for word transcription of the proceedings
provisions
The rules adopted by the deliberative bodies are subject to revocation, modification, or Purpose of a Journal/Record:
waiver at the pleasure of the body adopting them. a. To show the progress of the House
Art. 6, Sec. 16 - Each House may determine the rules of is proceedings, punish its b. For purposes of statutory construction to show the legislative intent of the law
Members for disorderly behavior, and with the concurrence of two-thirds of all its Members, c. Ensures full publicity of the proceedings of the legislative department thus giving the
suspend or expel a Member. A penalty of suspension, when imposed shall not exceed sixty opportunity for the people to know what their representatives are doing
days.
Bicameral Conflicts Committee (BCC) - solves conflicts between the House of
Arroyo vs. De Venecia - The courts cannot declare an act of the legislature void on account of Representatives and the Senate regarding the submission of a bill.

University of San Carlos / LLB 1 / EH410


CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
What if there is a conflict on the voting of both Houses? Does Congress have to vote jointly when it transforms itself to a constituent assembly?
If the issue in question is a bill to be passed, a bicameral conference committee will be formed to Not yet decided.
settle the differences. If it is about the presidency, war, etc., no precedent yet.
CONSTITUTIONAL ORGANS WITHIN CONGRESS
Enrolled Bill Theory Electoral Tribunals
Enrolled bill - has undergone the 3 reading requirement; Senate President and 1. SET - Senate Electoral Tribunal; composed of 3 justices and 6 senators
Speaker of the House signs it (unless they withdraw their signatures) 2. HRET - House of Representatives Electoral Tribunal; composed of 3 justices and 6
A bill approved by both houses and is enrolled and the enrolled copy of the bill bears representatives
the certification of the Presiding officer of the House that the bill as enrolled is the The senators or representatives are chosen through proportional representation
version passed by each House The justices are designated by the Chief Justice
Remedy - amendment or corrective legislation; not a judicial decree The use of proportional representation to fill up the 6 slots reserved for members of
A method of authentication the particular house is different from the rule under the 1935 Constitution, which
reserved 3 seats for the majority party and another 3 seats for the minority party.
What if there is a conflict between the Enrolled Bill and the Journal? In Tanada v Cuenco - the SC ruled that the slot reserved for the minority party should
Arroyo vs. De Venecia - the enrolled bill is conclusive to the TENOR (contents of the bill) not be filled up by the majority party, even if there was only one member from the
and DUE ENACTMENT (procedures required by the constitution) minority party (in the person of Tanada). For to fill it up would offset the balance of the
Enrolled bill prevails over the journal except matters required by the constitution to be tribunal, and this would defeat its neutrality when acting as the sole judge of all
enrolled in the journal: election contests. This could not be done under the present setup of the lower house
a. Yeas and nays on the third and final reading of the bill because of the party list system, which makes a fixed representation impossible.
b. Veto message of the President The Electoral Tribunal shall be constituted within 30 days after the 2 houses shall
c. Yeas and nays on the re-passing of a bill vetoed by the President have been organized with the election of the President and the Speaker.
d. Yeas and nays on any question at the request of 1/5 of the members present
Function
SESSIONS The ET is the sole judge of all contests relating to ELECTION, RETURNS, and
QUALIFICATIONS of members of the legislature. (ERQ of members)
1) Regular Sessions Angara vs. Electoral Commission - The grant of power to the Electoral Commission to
Starts: 4th Monday of July judge all contests relating to the election, returns and qualifications of members of the
Ends: at least 30 days before the next regular session legislature, is intended to be complete and unimpaired.
Congress can change the date of the regular session by passing a law.
Judicial Review
2) Special Sessions The ET is generally not subject to judicial review unless there is a grave abuse of
(1) When called by the President - May be held anytime the President calls for it discretion which is under the expanded jurisdiction of the courts.
(2) W/o the need of call by the President - Instances where the Congress can hold a Co vs. ET - (1) Judgments of electoral tribunal are beyond judicial interference save
Special Session without need of call only in the exercise of the Court's so-called extraordinary jurisdiction, upon a
a. 3rd day of vacancy of the office of the President and the VP determination that the tribunal's decision or resolution was rendered without or in
b. Decide on the disability of the President excess of its jurisdiction, or with grave abuse of discretion or upon a clear showing of
c. Revoke or extend the Presidential proclamation of Martial Law such arbitrary and improvident use by the Tribunal of its power as constitutes a denial
d. Suspension of the writ of Habeas Corpus of due process of law, or upon a demonstration of a very clear unmitigated ERROR,
manifestly constituting such grave abuse of discretion that there has to be a remedy
3) Joint Sessions for such abuse. (2) In the absence of a showing that the HRET has committed grave
a. Voting Jointly abuse of discretion amounting to lack of jurisdiction, the Court cannot exercise its
Declaration of martial law corrective power.
Suspension of the writ of habeas corpus
b. Voting Separately Commission on Appointments
Congress as BOC Composition
Temporary inability of President 1. Senate President - as Ex Officio Chairman; cannot vote unless there is a tie
Election of VP 2. 12 Senators
Declaration of existence of state of war 3. 12 members of the House of Representatives
Amendment of Revision Function

University of San Carlos / LLB 1 / EH410


CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
The Commission shall confirm or approve nominations made by the President of 3. They cannot appear personally in courts.
certain public officers named by the Constitution or by law: persona appearance - can sign pleadings though considered in legal parlance as
1. heads of the executive departments personal appearance
2. ambassadors, other public ministers, and consuls 4. Be involved directly or indirectly or be interested financially in any contract with or in any
3. officers of the Armed Forces from the rank of colonel or naval captain franchise or special privilege.
4. other officers whose appointments are vested in him in this Constitution 5. Intervene in any matter before any office of the government.
a. Chairman and members of 3 Constitutional Commissions 6. Disclose any financial interest.
b. regular members of the Judicial and Bar Council
c. members of the Regional Consultative council Government office that is newly created Forbidden
The Commission on Appointments shall meet to discharge its powers and functions Other government offices that is not newly created Incompatible
only while the Congress is in session. The meeting may be called by (a) the
Chairman, or (b) a majority of all its members. V. LEGISLATIVE DEPARTMENT: POWERS
The Chairman of the Commission does not vote, except to break a tie.
The Commission shall act on all appointments submitted to it within 30 session days Legislative power - the power to make, alter, or repeal laws, which is vested in Congress and the
of the Congress from their submission. The Commission rules by a majority vote of all people under the system of initiative and referendum.
its members. Oversight function of Congress - looking at laws that have been enacted and how they
IMPORTANT: Both the senators and the representatives are chosen through have been subsequently enforced
PROPORTIONAL REPRESENTATION.
Is legislative power conclusive to Congress?
SALARIES No, because the powers are also reserved to the people through initiative and referendum. The
Senators - 50,000 per month power is shared with the people but only to the extent of initiative and referendum.
Representatives - 50,000 per month
Salary is determined by law. GENERAL REQUIREMENTS IN PASSING A LAW:
If a change in salary (increase) is approved and implemented, it takes effect only upon the 1. 3 readings on separate days
expiration of the term of all members of Congress. 2. Printed copies must be distributed to Members.
BUT they can increase their allowances without bar. 3. Presidential consideration except when the President certifies to the necessity of its
immediate enactment to meet a public calamity or emergency.
PRIVILEGES 4. One subject expressed in the title.
1. Freedom from Arrest
If penalty is not more than six years and while Congress is still in session. SPECIFIC REQUIREMENTS
Session starts on the 4th Monday of July, every three years starting 1992 and ends 1. Appropriation Bill
when Congress adjourns at least 30 days before the next session starts. Must originate from the House of Representatives
Purpose: To ensure proper representation of their constituents. Originate - refers to that the bill must be initiated by the House
2. Privilege of Speech & Debate It is alright for Senate to come up with an entirely different version Amendment
Immunity from suit on all legislative actions: all deliberative and communicative by Substitution
processes that the members of Congress does. a. Appropriations, Revenue, and Tariff Bill (ART)
Appointment in an incompatible office is valid; if accepted forfeits its seat and applies b. Bill of Local Application - ex. Law creating a city
only during tenure not term. c. Private Bills - ex. Law granting citizenship
Jimenez vs. Cabangbang- Speech and debate refer to utterances made by members d. Bill authorizing the increase of public debt
of Congress in the performance of official functions (communicative and deliberative GAL (General Appropriation Law) must be based on the budget prepared by the
processes) President.
Congress cannot increase the appropriations recommended by the President.
RESTRICTIONS 2. Revenue (Tax Bill)
1. Members of Congress cannot hold any office without forfeiting his seat - Incompatible
Offices (Government Subdivision, Instrumentality, and Agency & Government-owned or Limitations of the Powers of Congress on Passing a Bill
Controlled Corporations OR GSIA & GOCC)
2. They cannot be appointed to: (a) newly created offices during his term, (b) existing offices 1. One-Subject requirement
but emoluments were increased - Forbidden Office to prevent hodge-podge/log rolling legislation
Note: Even if he is willing to forfeit his seat in Congress: Forbidden Office Hodge-podge: contains many subjects to accommodate some subjects that can not
Forbidden Office: effect of no forfeiture because appointment to such is null & void possibly pass through as a single bill on its own and so that a greater support will be

University of San Carlos / LLB 1 / EH410


CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
garnered by the said bill. Limitations on General Appropriation Bill (GAL)
1. Originates from the House of Representatives
What is the evil in a log rolling legislation? 2. Must be based on the budget prepared by the President. (Art. 7, Sec. 22)
What had been disapproved, if taken as its own will be approved because it was lumped in a 3. The particular provision must have to relate to a particular item in the said bill.
favorable subject.
Requirements of a Special Appropriation Bill
2. Subject of the bill must be expressed in the title. 1. Must be for a specific purpose.
To prevent surprise or fraud because some members of Congress might not be able to 2. Must have a certification from the National Treasurer that the funds are available or if there
read the whole bill is an accompanying revenue proposal as to how to raise the funds needed.
A way of informing the public of what the bill is all about.
Extent of the requirement - the bill must be able to state what the bill is all about, not Sub rosa legislation what the Constitution wants to prevent re that funds should be
necessarily enumerating the details of the bills readily available in the enactment of a bill or propose the necessary measures for revenue
Interdepartmental transfer of funds is not allowed. But one item in an appropriation can be
3. Some bills must originate exclusively from the House of Representatives transferred for one item in other appropriation given that there is savings.
Some means that it must be initiated by the House of Representatives but Senate can
amend the bill by words or phrases or by complete substitution Can a special appropriation bill be filed even if there is no budget yet?
a. Appropriations, Revenue, and Tariff Bill Yes, as long as there is an accompanying revenue proposal on how to raise the funds.
b. Bill of Local Application - ex. Law creating a city
c. Private Bills - ex. Law granting citizenship Art. VI, Sec. 25
d. Bill authorizing the increase of public debt All provisions must relate to a specific appropriation.
Senate may file ahead of the HOR any of the bills mentioned above. But the Senate must Prevents riders.
withhold action on the bill until it has filed and has received the version filed by the HOR. Reiteration of what was said that there should be one subject per bill.

Why from the House of Representatives? Discretionary Funds


The HOR are elected by district hence they are more knowledgeable with the needs of their 1. Disbursed for public purpose.
constituents. 2. Duly supported by appropriate vouchers.
3. Article 6, Sec. 29 to enforce the Separation of Church and State
Note: The treaty ratifying power of the Senate is not an exercise of legislative power.
Transfer of Funds
4. 3 readings on separate days. Printing and distribution of the bill at least 3 days before its The transfer of funds from one department to another is not allowed.
final approval. Transfer of funds within departments is allowed. Transfer can be allowed if there are
Except - When the President certifies the necessity of its immediate enactment to meet a surpluses/savings. The transfer should be for the purpose of augmenting any item in the
public calamity or emergency. appropriation law.
3rd reading no amendment rule Transfer of funds can be done by:
Presidential certification dispenses both the 3-day printing and distribution and distribution 1. President
and the 3 readings on separate days. (Tolentino vs. Secretary of Finance) 2. Senate President
It is not subject to Judicial Review because there is no factual basis on the grave abuse of 3. Speaker of the House
discretion to speak of. 4. Chief Justice of the SC
5. Heads of Constitutional Commissions, Commission on Audit, COMELEC, Civil Service
Specific Limitations Commission
Appropriation Bill
As a statute, the primary and specific purpose is to authorize the release of funds from Note: If Congress fails to pass a General Appropriations Act, the previous act will be reenacted
public treasury util such time that a General Appropriations Bill will be passed.
Note: A law creating an office and providing funds at the same time is not an
appropriations bill since the main purpose is not to appropriate funds but to create the TAX
office. The enforced proportional contributions from persons and property, levied by the State by
virtue of its sovereignty, for the support of government and for all public needs.
What is the test to determine that the bill is an appropriation measure? Lifeblood Theory: taxes defray the expenses of government
If the primary purpose is to authorize the release of funds for a public purpose.
Note: Tax is different from debt that only comes about if there is an agreement.

University of San Carlos / LLB 1 / EH410


CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
1. 3 readings on separate days
TAXATION 2. Tax laws limitations
The power by which the sovereign raises revenue to defray the necessary expenses of the 3. The Bill of Rights
government 4. Jurisdiction of the SC (judicial power and judicial review)
Restrictions/Limitations inherent to the Constitution: 5. Constitutional provision prohibiting bestowing a title of royalty
1. Taxes are for public purpose
2. Non delegability of taxing power Implied limitations:
3. Territoriality or situs of taxation 1. Congress cannot pass an irrepealably laws.
4. Tax exemption are provided in the Constitution 2. Non Delegation of Legislative Power
5. International comity (tariffs) Potestas delegata non delegare potest
6. Taxes should not be oppressive What has been delegated cannot be delegated further
Tax laws are Constitutional if: Further delegation is a negation of this duty because it violates the trust reposed in the
7. Theres due process of law delegate mandated to discharge it directly
8. Adheres to the bill of rights Test of delegation completeness test has all the details when it leaves the hands
9. It does not infringe of Religious freedom of Congress such that there is nothing more to be done but to enforce it
10. It does not impair contracts Sufficiency of standard the policy
Limitations of Revenue Bill: Note: With or without section 21, Congress can have legislative investigation because
11. Originated from the House of Representatives it is an inherent power. Section 21 only limits it.
12. Uniformly among the same class. Equitability based on the capacity to pay.
13. All lands, buildings, and improvements actually, directly, and exclusively used for 3. Question Hour
religious, charitable, or educational purposes shall be exempt from property tax. (Art. The heads of department shall provide, appear before, and be heard, by any House,
VI, Sec. 28) on any matter pertaining to their departments:
14. All revenues and assets of non stock, non-profit educational institutions used actually, a. Upon their own initiative, with the consent of the President
directly, and exclusively for educational purposes shall be exempt from taxes, and b. Upon request or either House, as the rules of that House shall provide
duties. (Art. XIV, Sec. 4, Par. 3)
15. Any tax exemption measure shall be passed with the concurrence of a majority of the Note: A member of the Cabinet may not refuse to appear before the House. If he refuses, a
members of Congress. summons, he can be cited for contempt if the President forbids his appearance, still he must
16. Tax must not be confiscatory (used for the implementation of police power). Taxes appear if asked by Congress.
should be imposed only for revenue purposes.
Can Congress refuse a Head of Department?
THE PRESIDENTS VETO POWER Yes, because the section is not mandatory but permissive.
1. General Veto Power
2. Item/Line Veto Power - only for Appropriation, Revenue, and Tariff (ART) bills Other powers of Congress:
GR: veto the entire bill 1. Power to amend
Exception: veto only ART bills; item/line veto power 2. Act as board of canvasser the position of President and VP
Inappropriate provisions can be vetoed because it is considered an item. Inappropriate 3. Sole power to call special election in case of vacancy of both the Presidential and Vice-
provisions are provisions that do not relate to any particular distinctive appropriation. Presidential positions (Note: Special elections can only be held if there is no upcoming
election within 6 months)
What are inappropriate provisions? (Doctrine of Inappropriate Provisions) 4. Approves or disapproves the amnesty granted by the President
1. Any provision which does not relate to any particular distinctive appropriation or item. 5. Power to concur in treaties
2. Any provision blocking an administrative action in implementing a law or requiring 6. Power to declare war and delegate emergency power
legislative approval of executive action. 7. Power to judge the Presidents fitness
3. Any unconstitutional provision. 8. Power to Impeachment
4. Any provision intended to amend a certain law.
POWER TO CONCUR IN TREATIES (Art. 7, Sec. 24)
When does a law become effective? 1. Customary International Law (GAPIL)
The effectivity of a law starts after its publication which is generally 15 days unless otherwise A general and consistent practice of States followed by them from a sense of legal
provided. obligation
Follows the Incorporation Doctrine
Express limitations on legislation: (general and specific requirements) 2. Conventional International Laws

University of San Carlos / LLB 1 / EH410


CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
Results from specific agreement within parties Any one can be compelled to appear by Congress as long as the issues are concerned
Follows the Transformation Doctrine with aids of legislation EXCEPT the President.
Heads of departments can appear only if they secure the consent of the President.
POWER TO DECLARE THE EXISTENCE OF THE STATE OF WAR
It is not Congress that declares war. It only declares its existence. The power to declare Are they required to answer all questions?
war is within the President. Not when the question violates ones rights or not when the question falls within the covered
executive privilege of the President.
POWER OF EMERGENCY POWERS OF THE PRESIDENT
For the purpose of carrying out a declared national policy What is the executive privilege of the President?
Lawmaking - not just a power but a duty as born by ethical consideration it has to be There are three kinds of executive privilege:
exercised by one delegated to do it 1. Informers privilege - privilege of the government not to disclose the identity of persons who
Rules and Regulations - have the force and effect of laws but they are not laws. They are furnished information regarding violations of law
but implementation of the law. 2. Privilege according to Presidential communications - ex. Deliberative process privilege
Completeness test - if there is no room for discretion on what the law says, then there is no covering documents reflecting advisory opinions, recommendations, and deliberations
room for legislating, thus no further delegation of legislative power will happen comprising part of a process by which governmental decisions and policies are formulated
Sufficient Standard Test - even if the law is not complete but has sufficient standard rules 3. Diplomatic negotiations privilege - refers to the character of diplomatic negotiations,
and regulations can be made because there is enough restriction preventing the further deliberative process, and presidential communications is similar, not identical.
setting of policies
SHOW THAT THERE IS SUFFICIENT PUBLIC NEED.
Are administrative rules and regulations a delegation of legislative power?
No, because they are not setting the WHAT but the HOW. These rule and regulations only The power of inquiry with the process to enforce it -- is an essential and appropriate
implement what has already been set forth. auxiliary to the legislative function. A legislative body cannot legislate wisely or effectively in
Rules and regulations will not amount to a law if:\ the absence of information respecting the conditions which the legislation is intended to
1. It does not set forth policies. affect or change; and where the legislative body does not itself possess the requisite
2. It only implements a law. information -- which is not infrequently true -- recourse must be had to others who possess
Exceptions: it. (NOLECO vs. Sangguniang Panglungsod of Dumaguete)
3. Emergency powers given to the President (Art. 6, Sec. 23)
4. Delegation of Initiative and Referendum powers to the people Seizes upon the next adjournment of Congress or if withdrawn by a resolution of Congress
5. The delegation of taxing powers to the LGUs (Art. 10, Sec. 5) Resolution is not a law thus cannot be vetoes by the President and need not be passed to
6. Delegation of Tariff powers of the President (Art. 6, Sec. 28, Par. 2) the President for his approval

AIDS TO LEGISLATION POWER TO JUDGE THE PRESIDENTS FITNESS (PHYSICAL)


Legislative Inquiries or Investigations Refers only to temporary incapacity
Such incapacity can be declared by his own written declaration
When may Congress conduct such investigation? If he is silent with his unfitness, such incapacity can be declared upon the first written
1. If the purpose is in AID OF LEGISLATION declaration by the majority of his cabinet
2. If its in accordance with its rules and procedures If he counters the written declaration of his cabinet, Congress can decide by 2/3 vote of all
3. Its rules and regulations must be duly published its members voting separately, acting on the second written declaration by his Cabinet.
4. Rights of persons appearing therein must have to be respected
POWER OF IMPEACHMENT
What are the valid purposes of legislative investigation? (Bengzon vs. HRET) Also referred to as Political Justice
1. Administration of existing laws and of proposed legislation
2. Examination of societal ills Who may be impeached?
1. President
Can Congress hold witnesses who not appear in contempt? (NOLECO vs. Sangguniang 2. Vice President
Panglungsod of Dumaguete) 3. Justices of the SC
Yes, because how can Congress obtain the knowledge and information on which to base 4. Members of the Constitutional Commission, Commission on Audit, COMELEC, Civil
intended legislation if it cannot require and compel the disclosure of such knowledge and Service Commission
information. 5. Ombudsman

University of San Carlos / LLB 1 / EH410


CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
Note: the enumeration is EXCLUSIVE
A. QUALIFICATIONS, ELECTION, TERM, OATH
Grounds for impeachment:
1. Culpable violation of the Constitution Qualifications of the President
2. Treason 1. Natural-born citizen of the Philippines
3. Bribery 2. A registered voter
4. Graft & corruption 3. Is able to read and write
5. Other high crimes: crimes so serious as to strike at other workings of the government, there 4. 40 years of age on the day of the election
must be a law punishing such act as a crime 5. Resident of the Philippines or at least 10 years immediately preceding the election
6. Betrayal of public trust - can comprehend a lot of acts (ex. Loss of popularity) residence referred to here is not the actual but the legal residence or domicile (this is
the reason why Cory Aquino was able to run for President)
Are the grounds exclusive?
Technically, yes. But there are a lot of situations that might involve betrayal of public trust or Term of Office of the President: 6 years without any possible re election
come within that phrase because the phrase is broad and not so well defined.
Manner of Election: direct vote of the people
Process of impeachment:
Starts at the House of Representatives - they have exclusive power to initiate all cases B. PRIVILEGE AND SALARY
of impeachment
1. A verified complaint must be passed called Articles of Impeachment Salary: fixed by law
2. If such complaint is submitted and signed by 1/3 of all the members of the House, then Cannot be decreased during tenure (actual time he/she held office) and cannot be
it goes directly to the Senate for trial. increased during his term
3. If such complaint is passed by less than 1/3 of the members of the HR or by a citizen
plus a resolution of impeachment, then such complaint: Privileges:
Will be calendared within 10 days 1. Official residence is the Malacanang Palace
Will be referred to the appropriate committee within 3 days 2. Immunity from Suit
A committee report should be made within 60 days The privilege of immunity from suit can only be invoked by the President and since it
After such report has been made, it will be calendared within the next 10 days only pertains to him/her, he/she can choose to waive such privilege.
It will be voted upon by the House of Representatives, if it gets 1/3 vote, then it
will go to the Senate for trial C. PROHIBITIONS
4. Upon trial in Senate, a 2/3 vot3e in the Senate is needed to impeach an officer. If the 1. Cannot hold any other office during the tenure (Art. 7, Sec. 13). Applies to:
President is on trial, the Chief Justice will preside the trial. a. President
b. Vice President
Effects of Impeachment: c. Cabinet
If convicted, official will be: d. Deputies and assistants
1. Removed from office
2. Disqualified to hold any public office Note: There are differences between the prohibitions of Congress and the Executive
Department.
NOTE: Congress: prohibited from holding office in Government owned and controlled
It does not include imprisonment because the purpose of impeachment is to determine the corporations or by government instrumentality, agency, or subsidiary
officials fitness to hold office. Nevertheless, the party convicted shall be liable and subject Executive: prohibited from holding any other office whether public or private
to prosecution, trial, and punishment according to law.
Impeachment proceedings must have to go on even if the officer resigns before the The SC tells us that when an official holds other duties for the same office where he does
proceedings end not receive additional compensation, he holds it in his ex efficio capacity and is required by
No impeachment proceedings shall be initiated with one official twice in one year. *** his primary function, that is not what is referred to as any other office in Art. 7, Sec. 13 of
The SC tells us that proceedings are deemed initiated upon filing coupled with action of the the Constitution.
House through the referral to the committees. The President, VP, Cabinet heads, their deputies and assistants, are a class by themselves
because the prohibitions of other officials dont pertain to them. The prohibitions are stricter
VI. EXECUTIVE DEPARTMENT: THE PRESIDENT (Art. VII) as provided by the Constitution.
Exceptions: When otherwise provided by the Constitution like:
Executive power is vested by society on the President a. When the VP is appointed as Cabinet member needs no confirmation

University of San Carlos / LLB 1 / EH410


CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
b. When the VP acts as the President agents or alter egos of the President. The many departments are extensions of the
c. When the Secretary of Justice shall be head or member of the Judiciary Judicial personality of the President. Doctrine of Political Agency
Bar Council The President is the principal and the department heads are the agents.
The acts of the secretaries are presumably acts of the President unless
2. They shall strictly avoid conflict of interest in the conduct of their office as provided for in countermanded or reprobated by him/her.
the first paragraph of Article 7, Sec. 23. Superior has authority to substitute his judgment with the judgment of the
subordinates.
3. The spouse and relatives by consanguinity or affinity within the fourth civil degree of the
President shall not during his tenure be appointed as Members of the Constitutional C. POWER OF GENERAL SUPERISION OVER LGUs
Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries, As opposed to the Power of Control, the Power of General Supervision is merely the power
chairmen or heads of Bureaus or offices including government owned or controlled to see that the subordinates (LGUs) perform their functions within the bounds of the law
corporations. The President can only come in if subordinates go beyond the bounds of the law
The president can take steps against an official who steps beyond the bounds of law
D. SUCCESSION Is compatible to power to discipline
Before June 30 Superior sees to it that the subordinate performs his/her function within the bounds of law.
1. If the President elect fails to qualify or dies or is permanently incapacitated, the VP
becomes president. D. POWER OF APPOINTMENT
2. If the President elect becomes incapacitated temporarily, the VP will act as President Essentially and inherently executive (GPI vs. Springer), therefore even if there is not
until such time that the President elect can assume office. provision in the law, the power is still essentially executive, unless there is a provision to
3. If there is a failure to elect the President, the VP will assume or act as President. the contrary
After June 30 or on the incumbency of the President If nobody is authorized by law to appoint then the President will appoint
4. If the President dies, gets disabled permanently, is removed from office or resigns.
The VP becomes the President. 1. Appointments that will pass through the Commission on Appointments (found in Congress):
a. Heads of Executive departments
E. REMOVAL b. Ambassadors, public ministers, consuls
Not all officials appointed can be directly removed by the President because removal of a c. Officers of the Armed forces of the Philippines with the rank of colonel or naval captain
public servant must be for a just cause and after procedures provided by law. d. Other officers whose appointments are vested in the President in the Constitution
On the contrary, if a cabinet member is fired, it is not a removal from office, but just an Chairman and Commissioners of the Constitutional Commissions
expiration of his/her term because his/her term is until he/she is still wanted by the Regular members of the Judicial Bar Council
President. 2. Appointments not otherwise provided by law
3. Appointments whom he may be authorized by Congress to appoint
F. THE VICE - PRESIDENT 4. Appointments vested in the President alone
Same qualifications as the President
Term of Office: 6 years, subject to re-election Upon the recommendation of the Judicial and Bar Council, the President can appoint the
Vacancy of the President will nominate a VP from the members of Congress which will be following without the approval of the COA:
subject to Congress approval by a majority vote of its members voting separately a. Members of the SC and all other courts (Art. 8, Sec. 9)
Has the duty of being a President, appointed as a member of the Cabinet b. Ombudsman and deputies (Art. 9, Sec. 9)

VII. POWERS AND FUNCTIONS OF THE PRESIDENT Ad Interim or recess appointment: appointments made while Congress is on recess. Will
last until (1) disapproved by the COA or (2) until the next adjournment of Congress
A. EXECUTIVE POWER
Marcos vs. Manglapus - The constitution tells us that Executive Power is the sum total of all What is the nature of an ad interim appointment?
the specified powers of the President under the Constitution and his residual unspecified SC said that an ad interim appointment is a permanent appointment in the sense that since it
powers to protect the people and promote the general welfare. has made by the President, it can no longer be revoked. Ad interim as a phrase has reference
Gonzales vs. Hechanova - Executive power is NOT the power to disregard the law or not on the nature of the appointment but only the manner of appointing.
defeat a legislative enactment.
When will an ad interim appointment cease?
B. POWER OF CONTROL (1) upon disapproval by the COA or (2) until the next adjournment of Congress
Villena vs. Sec of Interior:
The departments are adjuncts of the executive and officials of such departments are NOMINATES CA CONFIRMS APPOINTS ACCEPTS (regular appointment)

University of San Carlos / LLB 1 / EH410


CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
APPOINTS ACCEPTS CA CONFIRMS (ad interim appointment)
There must be an express restoration of civil and political rights.
APPOINTMENT BEFORE CONFIRMATION
Except: (1) In cases of impeachment & (2) As otherwise provided in this Constitution
When is the recess referred to in Ad Interim Appointments?
It is not the time between the adjournment of Congress and the start of its regular session. The Consequences of Violation of Pardon: (if conditional)
recess referred to here are the times of interval of the session of the same Congress. 1. Action by the President to order your recommitment Revised Administrative Code; no
conviction
Limitations to the Appointing Power 2. Action by the Judiciary prosecuted by the state for violation of conditional pardon under Art.
1. Art. 7, Sec. 14: Appointments extended by an Acting President shall remain effective 159 of the RPC; needs a conviction
unless revoked by the elected President within 90 days from his/her assumption or re-
assumption of office. Distinctions:
2. Art. 7, Sec. 15: 2 months immediately before the next presidential elections and up to Pardon vs. Probation - Pardon comes from the executive and can be applied before and on the
the end of his/her term, a President or Acting President shall not make appointments, service of sentence. Probation on the other hand is granted by the judiciary and is applied for
except temporary appointments, except temporary appointments to executive those convicted of 6 years below before service of sentence.
positions when continued vacancies therein will prejudice public service or endanger
public safety. Pardon vs. Parole - Pardon is again granted by the President. It erases the penalty of the crime.
3. The President cannot appoint relatives as members of the Constitutional Parole is granted by the Parole Board and can only be granted after the service of the minimum
Commissions, or the office of the Ombudsman, or as Secretaries, Undersecretaries, term of the penalty. The penalty is still there but is served outside prison.
chairmen of the heads of bureaus of offices, including GOCCs and their subsidiaries.
Probation vs. Parole- Probation is a judicial act while parole is an executive act.
E. REMOVAL
Not all officials appointed can be directly removed by the President because removal of a Pardon vs. Amnesty - Pardon is a private act of the President that can be granted upon the final
public servant must be for a just cause and after procedures provided by law. judgment. Only the penalty is erased but he is still a convict. Amnesty is a public act of the
On the contrary, if a cabinet member is fired, it is not a removal from office, but just an President. It requires concurrence of the majority of members of Congress. It can be granted in
expiration of his/her term because his/her term is until he/she is still wanted by the any stage of the trial. It erases both the penalty and the crime.
President.
Limitations to the Presidents Pardoning Power
F. PARDONING POWER 1. The President cannot pardon impeached officers.
A mechanism of check and balance as it checks upon the harshness of the law made by 2. He can only grant pardon after final judgment.
Congress or erroneous judgment of the Judiciary 3. In election cases, he can only grant pardon if theres favorable recommendation by the
COMELEC.
Nature of Pardon
An act of grace proceeding from the power entrusted with the execution of the laws G. MILITARY POWERS (arranged from least dangerous to most dangerous/degree of severity)
Exempts the individual on whom it is bestowed from the punishment the law inflicts for the 1. Power to call on the military/armed forces not subject to judicial review; call out armed
crime he has committed. It is a remission of guilt; a forgiveness of the offense. forces to prevent or supress lawless violence, invasion, or rebellion, when public safety
requires it.
Kinds of Executive Clemency: 2. The power to suspend the privilege of the writ to habeas corpus invasion, rebellion when
1. Reprieves public safety requires it
2. Commutation
3. Pardons Writ of Habeas Corpus
4. Remimission of fines and penalty Writ: order from the court
Habeas corpus: have the body a writ of liberty: one can avail of when you want to test
Kinds of Pardon: the validity of your detention
1. General/ Partial Pardon Referred to the writ of liberty
a. General pardon (1) ORDER directed to the person detaining to bring the body of the person detained to the
b. Partial pardon - only the principal penalties are removed court and (2) state the DATE, TIME, CAUSE of detention.
2. Complete & Absolute/Conditional Pardon The RETURN is where the officer detaining writes the above details.
a. Absolute - no condition; acceptance of the pardonee is not necessary The WRIT gives the court the option to determine if the cause is valid or legal.
b. Conditional - has to be accepted by the pardonee The privilege can be suspended when:

University of San Carlos / LLB 1 / EH410


CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
a. Theres rebellion or invasion Martial Law:
b. Public safety requires it i. Suspend the operation of the Constitution.
ii. Supplant the functioning of the civil courts and the legislative assemblies.
Note: Even if the privilege is suspended, the writ can still be issued. If the cause is of detention iii. Confer jurisdiction upon the military courts and agencies over civilians,
mentioned in the return is rebellion when the court will not inquire at the legality of the detention. where civil courts are unable to function.
iv. Automatically suspend the privilege of habeas corpus.
Safeguards: One charged and detained by the reason of rebellion must be charged judicially What could obviously happen is that the President, with the military, will take over
within 3 days, if he should be released. The right to bail will not be suspended. some government agencies that cannot function because of the
threat/cause/rebellion or invasion.
Writ of Amparo
Remedy available to any person whose right to life, liberty, and security is violated or H. EMERGENCY POWERS
threatened with violation by an unlawful act or omission of a public official or employee, or Art. VI, Sec. 23. In times of war or other national emergency, the Congress, may, by law,
of a private individual or entity. authorize the President, for a limited period, and subject to such restrictions as it may
How does this relate to the writ of habeas corpus? It compliments the writ of habeas prescribe, to exercise powers necessary and proper to carry out a declared national policy.
corpus. Its not enough for the private entity to say that he/she doesnt know the Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the
whereabouts of a person. If you dont know the whereabouts, you must state that you have next adjournment thereof.
endeavored to take steps to determine the fate or whereabouts of the aggrieved party. This grant of emergency power to the President is different from the Commander-n-Chief
SC held Writ of amparo cannot be availed if the threat is directed upon ones property or clause. When the President acts under the Commander-in-Chief clause, he acts under a
property rights. Cannot be used to protect ones property or property rights. constitutional grant of military power, which may include the lawmaking power. But when
the President acts under the emergency power, he acts under a Congressional delegation
Writ of Habeas Data of lawmaking power.
A remedy available to any person whose right to privacy in life, liberty, or security is
violated or threatened by an unlawful act or omission, of a public official or employee, or of I. CONTRACTING AND GUARANTEEING FOREIGN LOANS
a private individual or entity engaged in the gathering, collecting or storing of data or The power to contract and guarantee foreign loans
information regarding the person, family, home and correspondence of the aggrieved party. 3 conditions:
Right to truth. 1. Prior concurrence or consent by the Monetary Board
2. Subject to limitations as may be provided by law
3. Power to declare Martial Law 3. Done within the conditions issued by the BSP.
a. What is Martial Law?
b. When may the President declare Martial Law? J. POWER OVER FOREIGN AFFAIRS
i. When there is rebellion or invasion 1. Treaty making power (Art. 7, Sec. 21)
ii. If public safety requires the declaration Bayan vs. Zamora - treaties should not just be concurred by Congress but must be
c. How to declare ML? considered as such by the other country entering into the treaty if it involves the
i. Within 48 hours from the proclamation, the president shall submit a report in presence of foreign military in our country.
person or writing to Congress Must be concurred by 2/3 of members of Senate
ii. When the president proclaims martial law or suspends the privilege of the writ, it 2. Power of legislation
shall be effective for 60 days unless sooner revoked by Congress a. Veto power of the President
iii. Upon such proclamation, Congress shall convene at once b. Power to certify the immediate enactment of bills
iv. The Congress shall then vote jointly, by an absolute majority. It has two options: c. Power to address Congress
To revoke such proclamation or suspension
To extend it beyond the 60 day period of its validity
d. What can Congress do? Congress can either revoke or extend such declaration or VIII. THE JUDICIARY (ART. VIII)
suspension. (such revocation cannot be set aside by the President) A. THE SUPREME COURT
e. What may the SC do? If the Congress does not revoke such proclamation or
suspension, the SC can nullify it for the reason of insufficiency of factual basis for the A.1. COMPOSITION
declaration of martial law or suspension of the writ. The SC must have to decide on Judicial Department:
the case within 30 days from its filing. Such case may be filed by an ordinary citizen. 1. One Supreme Court composed of:
f. Effects of Declaration of Martial Law: a. The Chief Justice
The Constitution is silent on what will happen but provides what should not b. 14 Associate Justices
happen when there is Martial Law. The following cannot be done when there is 2. Such lower courts as may be provided by law

University of San Carlos / LLB 1 / EH410


CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
A.2. APPOINTMENT AND QUALIFICATIONS (SECS. 7, 8, 9) B.1 JUDICIAL POWER (two concepts)
Qualifications to be a member of the SC: 1) Includes the duty of the courts of justice to settle actual controversies involving rights which
1. Natural born citizen are legally demandable and enforceable, and --
2. At least 40 years old 2) To determine whether or not there has been a grave abuse of discretion amounting to lack
3. At least 15 years of practice of law or experience as a judge of lower courts or excess of jurisdiction on the part of any branch or instrumentality of the Government
4. Of proven competence, integrity, probity, and independence Jurisdiction - authority of the courts to hear or decide cases

How are they appointed? B.2. JUDICIAL REVEW


The Judicial Bar Council recommends 3 nominees for every vacancy to the President where he Power of the courts to declare that a law or executive act is not in accord with the
will appoint one without the need of confirmation from the SC. constitution; enforces constitutional supremacy

Mode of sitting: JR is part and a parcel of JP


En banc: all justices JR is not supremacy of the courts but supremacy of the constitution -> doctrine of
By Division: 5, 3, or 2 divisions with 3, 5, or 7 members constitutional supremacy
Note: SC Doctrine states that the decision of the divisions is the decision of the whole JR does not nullify the act of the other branches of the government but only asserts its
court solemn and sacred obligation assigned by the constitution
The Philippines is the first in the world to define JUDICIAL POWER
Vargas vs. Rilloraza - Temporary designation of judges of the CH or the Court of Appeals in the
SC to constitute a quorum due to the disqualification of some of the justices is unconstitutional. B.3. ART. VIII, Sec. 5
There is but one SC whose membership appointments are permanent.
KINDS OF JURISDICTION
A.3. SALARY (SEC. 10) 1) Original - Cases that come to the court at first instance
Salary fixed by law and may not be decreased during their continuance in office. 2) Appellate
Nitafan vs. CIR - imposition of taxes on their salary is not a diminution of their salary
Can a law be passed increasing original jurisdiction of the SC without its advise and
A.4. SECURITY OF TENURE (SEC. 11, SEC. 2, PAR. 2) concurrence? Yes.
Justices hold office during GOOD BEHAVIOR until they reach the age of 70 years or
otherwise become incapacitated to discharge the duties of their office. Can a law be passed increasing the appellate jurisdiction of the SC without its advise and
No law shall be passed reorganizing the Judiciary when it undermines the security of concurrence? No.
tenure of its Members.
Can a law be passed taking out certain jurisdictions of the SC? Yes.
A.5. REMOVAL (SEC. 11)
Art. XI, Sec. 2. The Members of the Supreme Court xxx may be removed from office, on
impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, STRUCTURE OF THE PHILIPPINE JUDICIARY SYSTEM
graft and corruption, other high crimes, or betrayal of public trust. All other public officers
and employees may be removed from office as provided by law, but not by impeachment. Supreme Court
Members of the SC cannot be removed except by impeachment. Thus, a SC justice cannot
be charged in a criminal case or a disbarment proceeding, because the ultimate effect of Court of Appeals
either is to remove him from office, and thus circumvent the provision on impeachment.
Trial Court Municipal or Regional
When do you abolish an office? Is that the same as removal from office?
No, an office can be abolished without removing the official from office. SPECIFIC POWERS OF THE COURT

A.6. FISCAL AUTONOMY (SEC. 3) 2. ADMINISTRATIVE POWER


Art. VIII, Sec. 3. The Judiciary shall enjoy fiscal autonomy. Appropriations for the a. Assign temporarily judges of lower courts to other stations as public interest may require.
Judiciary may not be reduced by the legislature below the amount appropriated for the Such temporary assignment shall not exceed six months without the consent of the judge
previous year and, after approval, shall be automatically and regularly released. concerned.
b. Order a change of venue or place of trial to avoid a miscarriage of justice.
B. POWERS OF THE SUPREME COURT c. Promulgate rules concerning the protection and enforcement of constitutional rights,
University of San Carlos / LLB 1 / EH410
CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
pleading, practice, and procedure in all courts, the admission to the practice of law, the decrees, proclamations, orders, instructions, ordinances and other regulations. [Id.,
integrated bar, and legal assistance to the under-privileged. Such rules shall provide a Sec. 4(2)]
simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform 3. All other cases which under the Rules of Court are required to be heard by the SC en
for all courts of the same grade, and shall not diminish, increase, or modify substantive banc. [Id., Sec. 4(2)]
rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective 4. Cases or matters heard by a division where the required number of votes to decide or
unless disapproved by the Supreme Court. resolve (the majority of those who took part in the deliberations on the issues in the
d. Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law case and voted thereon, and in no case less than 3 members) is not met. [Id., Sec.
4(3)]
B.4. ART. VII, SEC. 18, PAR. 3 5. To modify or reverse a doctrine or principle of law laid down by the court in a decision
The Supreme Court may review, in an appropriate proceeding filed by any citizen, the rendered en banc or in division. [Id., Sec. 4(3)]
sufficiency of the factual basis of the proclamation of martial law or the suspension of the 6. Administrative disciplinary cases involving judges of lower courts. (Id., Sec. 11.)
privilege of the writ of habeas corpus or the extension thereof, and must promulgate its 7. Actions instituted by citizen to test the validity of a proclamation of martial law or
decision thereon within thirty days from its filing. suspension of the privilege of the writ. (Art. VII, Sec. 18.)
Art. IX A, Sec. 7 Each Commission shall decide by a majority vote of all its Members, 8. The court sitting as Presidential Electoral Tribunal. (Art. VII, Sec. 4, par. 7.)
any case or matter brought before it within sixty days from the date of its submission for Rule 56, Sec. 11 Sec. 11. Procedure if opinion is equally divided. Where the court en
decision or resolution. A case or matter is deemed submitted for decision or resolution banc is equally divided in opinion, or the necessary majority cannot be had, the case shall
upon the filing of the last pleading, brief, or memorandum required by the rules of the be reheard, and if on rehearing no decision is reached, the action shall be dismissed if
Commission or by the Commission itself. Unless otherwise provided by this Constitution or originally commenced in the court; in appealed cases, the judgment or order appealed from
by law, any decision, order, or ruling of each Commission may be brought to the Supreme shall stand affirmed; and on all incidental matters, the petition or motion shall be denied.
Court on certiorari by the aggrieved party within thirty days from receipt of a copy thereof. Rule 125, Sec. 3 Sec. 3. Decision if opinion is equally divided. When the court en banc is
equally divided in opinion, or the necessary majority cannot be had, the case shall be
B.5. CONGRESSIONAL POWER OVER JURISDICTION OF THE SC reheard, and if on rehearing no decision is reached, the judgment of conviction of the lower
The Congress shall have the power to define, prescribe, and apportion the jurisdiction of court shall be reversed and the accused acquitted.
the various courts but may not deprive the Supreme Court of its jurisdiction over cases
enumerated in Section 5 hereof. B.7. REQUIREMENTS AS TO DECISIONS
Congress has the power to create new courts and to apportion jurisdiction among various Section 13. The conclusions of the Supreme Court in any case submitted to it for decision
courts. However, in the exercise of this power Congress may not impair the independence en banc or in division shall be reached in consultation before the case is assigned to a
of the judiciary. Member for the writing of the opinion of the Court. A certification to this effect signed by the
Art. 6, Sec. 30 No law shall be passed increasing the appellate jurisdiction of the Chief Justice shall be issued and a copy thereof attached to the record of the case and
Supreme Court as provided in this Constitution without its advice and concurrence. served upon the parties.
But while the jurisdiction of courts is a matter of legislative apportionment, the Constitution Members who took no part, or dissented, or abstained from a decision or resolution, must
sets certain limitations on this prerogative: state the reason therefore. The same requirements shall be observed by all lower collegiate
1. It cannot decrease the constitutionally set jurisdiction of the Supreme Court. (It may courts.
not deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5 Section 14. No decision shall be rendered by any court without expressing therein clearly
hereof.) and distinctly the facts and the law on which it is based.
2. It cannot increase the constitutionally set appellate jurisdiction of the Supreme Court.
3. It can increase the original jurisdiction of the SC (pursuant to its general power). b.7.1 Mandatory periods for deciding cases
4. It can make the jurisdiction of the SC concurrent with lower courts (pursuant to its SC w/in 24 months from date of submission
general power). Thus, under the Rules of Court, the original jurisdiction of the SC is Lower collegiate courts 12 months
concurrent with the RTC and in the case of the special civil actions, with the CA. Lower courts 3 months
5. It cannot pass a law reorganizing the judiciary when it undermines the security of Submitted for decision - upon filing of the last pleading, brief, or memorandum
tenure of its members. (Art. VI, Sec. 2, par. 2) Note: State the period in months, not in days/years.

B.6. MANNER OF SITTING AND VOTES REQUIRED


The Supreme Court may sit en banc or in its discretion, in divisions of 3, 5, or 7 members. B.8. JUDICIAL POWERS
[Art. VIII, Sec. 4(1)] 1. Exercise original jurisdiction over cases affecting ambassadors, other public ministers and
The following cases shall be heard by the SC en banc: consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas
1. Cases involving the constitutionality of a treaty, international or executive agreement corpus.
or law. [Id., Sec. 4(2)] 2. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of
2. Cases involving the (a) constitutionality, (b) application, or (c) operation of presidential Court may provide, final judgments and orders of lower courts in:

University of San Carlos / LLB 1 / EH410


CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
i. All cases in which the constitutionality or validity of any treaty, international or to the underprivileged.
executive agreement, law, presidential decree, proclamation, order, instruction, Limitations to this power: Such rules shall (i) provide simplified and inexpensive
ordinance, or regulation is in question. procedure, for the speedy disposition of cases, (ii) be uniform for all courts of the
ii. All cases involving the legality of any tax, impost, assessment, or toll, or any penalty same grade, and (iii) not diminish, increase or modify substantive rights.
imposed in relation thereto. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless
iii. All cases in which the jurisdiction of any lower court is in issue. disapproved by the SC. [Art. VIII, Sec. 5(5)]
iv. All criminal cases in which the penalty imposed is reclusion perpetua or higher.
v. All cases in which only an error or question of law is involved. B.11. PROHIBITION AGAINST QUASI-JUDICIAL OR ADMINISTRATIVE WORKS
Generally: No non-judicial work for judges; No quasi-judicial and administrative work for
B.9. ADMINISTRATIVE POWERS judges.
As a general rule, members of the judiciary shall only have judicial functions, in line
1. Supervision of lower courts with the separation of powers principle of the Constitution.
Art. VIII, Sec. 6. The Supreme Court shall have administrative supervision over all courts Art. VIII, Sec. 12. The members of the Supreme Court and of other courts established by
and the personnel thereof. law shall not be designated to any agency performing quasi-judicial or administrative
function.
2. Temporary assignment of judges
Art. VIII, Sec. 5. The Supreme Court shall have the power (to) Assign temporarily C. REPORT ON JUDCIARY (SEC. 16)
judges of lower courts to other stations as public interest may require. The Supreme Court shall, within thirty days from the opening of each regular session of the
Such temporary assignment shall not exceed six months without the consent of the judge Congress, submit to the President and the Congress an annual report on the operations
concerned. and activities of the Judiciary.

3. Discipline members of the Judiciary D. THE LOWER COURTS


Members of the lower courts and personnel
d.1. Qualifications & Appointments
4. Order a change of venue 1. Natural born citizen
Order a change of venue or place of trial to avoid miscarriage of justice [Art. VIII, Sec. 5 (4)] 2. A member of the Supreme Court
3. Must be at least forty years of age
5. Appointment of officials and employees of judiciary 4. must have been for fifteen years or more a judge of a lower court or engaged in the
Art. VIII, Sec. 5. The Supreme Court shall have the power (to) Appoint all officials and practice of law in the Philippines.
employees of the Judiciary in accordance with the Civil Service Law. Congress shall prescribe the qualifications of judges of lower courts, but no person may be
appointed judge thereof unless he is a citizen of the Philippines and a member of the
B.10. RULE-MAKING POWERS Philippine Bar.
Art. VIII, Sec. 5. The Supreme Court shall have the following powers: The (Judicial and Bar) Council shall have the principal function of recommending
1. Promulgate rules concerning the protection and enforcement of constitutional rights, appointees to the Judiciary. It may exercise such other functions and duties as the
pleading, practice, and procedure in all courts, the admission to the practice of law, Supreme Court may assign to it.
the Integrated Bar, and legal assistance to the underprivileged. The Members of the Supreme Court and judges of lower courts shall be appointed by the
2. Such rules shall provide a simplified and inexpensive procedure for the speedy President from a list of at least three nominees prepared by the Judicial and Bar Council for
disposition of cases, shall be uniform for all courts of the same grade, and shall not every vacancy. Such appointments need no confirmation.
diminish, increase, or modify substantive rights. Rights of procedure of special courts
and quasi-judicial bodies shall remain effective unless disapproved by the Supreme d.2. Salary
Court. The salary of the Chief Justice and of the Associate Justices of the Supreme court and of
Art. XII, Sec. 14, Par. 2 The practice of all professions in the Philippines shall be limited judges of lower courts shall be fixed by law.
to Filipino citizens, save in cases prescribed by law. During their continuance in office, their salary shall not be decreased.
Art. VII, Sec. 18, Par. 3 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 d.3. Congressional power to reorganize and security of tenure
the suspension of the privilege of the writ of habeas corpus or the extension thereof, and The members of the Supreme Court and judges of lower courts shall hold office during
must promulgate its decision thereon within thirty days from its filing. good behavior until they reach the age of seventy years, or become incapacitated to
Rule making Promulgate rules concerning (a) the protection and enforcement of discharge the duties of their office.
constitutional rights, (b) pleading, practice and procedure in all courts, (c) the The Supreme Court en banc shall have the power to discipline judges of lower courts, or
administration to the practice of law, (d) the Integrated Bar, and (e) legal assistance order their dismissal by a vote of a majority of the Members who actually took part in the

University of San Carlos / LLB 1 / EH410


CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
deliberations on the issues in the case and voted thereon. 3. Representative of Congress
No law shall be passed reorganizing the Judiciary when it undermines the security of
tenure of its Members. Regular members [Art. VIII, Sec. 8(1)]
The power of Congress to reorganize lower courts has been upheld by the SC prior to 1. Representative of the Integrated Bar
1987. 2. Professor of Law
3. Retired member of the SC
d.4. Removal 4. Representative of private sector
The members of the Supreme Court and judges of lower courts shall hold office during
good behavior until they reach the age of seventy years, or become incapacitated to Secretary ex-officio [Art. VIII, Sec. 8(3)]
discharge the duties of their office.
The Supreme Court en banc shall have the power to discipline judges of lower courts, or Clerk of the SC, who shall keep a record of its proceedings
order their dismissal by a vote of a majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon. Appointment, Tenure, Salary
Cruz: "Judges of lower court," as here used, includes justices of the Sandiganbayan. This For obvious reasons this does not apply since the position in the Council is good only while
rule casts much doubt on the legality of the presidential decree making them removable the person is the occupant of the office.
only by the legislature through the process of impeachment. The regular members shall be appointed by the President with the consent of the
Commission on Appointments.
d.5. Jurisdiction The term of the regular members is 4 years.
Judicial power shall be vested in one Supreme Court and in such lower courts as may be But the term of those initially appointed shall be staggered in the following way so as to
established by law. create continuity in the council:
Judicial power includes the duty of the courts of justice to settle actual controversies 1. IBP representative 4 years
involving rights which are legally demandable and enforceable, and to determine whether 2. Law professor 3 years
or not there has been a grave abuse of discretion amounting to lack or excess of 3. Retired justice 2 years
jurisdiction on the part of any branch or instrumentality of the Government. 4. Private sector 1 year
Regular members shall receive such emoluments as may be determined by the SC. The
d.6. Preparation of decisions SC shall provide in its annual budget the appropriations for the Council. [Art. VIII, Sec. 8(4)]
No decision shall be rendered by any court without expressing therein clearly and distinctly
the facts and the law on which it is based. Functions
No petition for review or motion for reconsideration of a decision of the court shall be 1. Recommend appointees to the Judiciary [Art. VIII, Sec. 8(5)] MAIN FUNCTION
refused due course or denied without stating the legal basis therefore. 2. Recommend appointees to the Office of the Ombudsman and his 5 deputies. (Art. XI, Sec.
9)
d.7. Mandatory period for deciding 3. Such other functions and duties as the SC may assign [Art. VIII, Sec. 8(5)]
Lower collegiate courts: 12 months, unless reduced by the SC
Other lower courts: 3 months, unless reduced by the SC F. AUTOMATIC RELEASE OF APPROPRIATIONS FOR JUDICIARY
The Constitution now explicitly provides in Sec. 15 (1) that the periods are mandatory, The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be
aside from using the word "must" (not "shall" as in 1973) in Sec. 15 (1). reduced by the legislature below the amount appropriated for the previous year and, after
The case of Marcelino v Cruz, 121 SCRA 51 (1983), which held that the periods in the approval, shall be automatically and regularly released.
1973 Constitution were only directory, is thus now, overruled.
Cruz: It should be noted that, although decision within the maximum period is now XII. NATIONAL ECONOMY AND PATRIMONY (ART. XII)
mandatory, failure to arrive at the same will not divest the court of jurisdiction, without
prejudice to any responsibility that may attach to the judge. The court must still resolve the A. POLICY (Sec. 1)
case w/o further delay, unlike the old rule when the decision appealed was deemed The goals of the national economy are: (not included in Finals)
automatically affirmed and the petition was deemed automatically dismissed as a result of 1. A more equitable distribution of opportunities, income, and wealth.
the inaction of the court. 2. A sustained increased by the amount of goods and services produced by the nation for the
benefit of the people; and
E. THE JUDICIAL AND BAR COUNCIL (JBC) 3. An expanding productivity as the key to raising the quality of life for all, especially the
underprivileged.
Ex-officio members [Art. VIII, Sec. 8(1)]
1. Chief Justice as ex-officio Chairman Industrialization and full employment based on sound agricultural development and agrarian
2. Secretary of Justice reform?

University of San Carlos / LLB 1 / EH410


CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
What is envisioned by the provision is not necessarily agriculturally related industrialization but Alienable lands of the public domain shall be limited to agricultural lands. (Art. XII, Sec. 3.)
rather industrialization that is the result of releasing locked up capital through agrarian reform. If the public land is non-alienable which is the case if it is forest or timber, mineral land, or
Moreover, the policy does not mean a hardbound rule that agricultural devt must have priority national parks, then it cannot be held by anyone.
over industrialization. What is envisioned is a flexible and rational relationship bet. the 2 as The general rule on natural resources applies and that is, that the State can only enter into
dictated by the common good. co-production, joint ventures or production sharing agreements with Filipino citizens or 60%
Filipino owned corporations for the exploitation, development and utilization of these lands.
B. NATURAL RESOURCES But if the public land is alienable, that is, agricultural, then it may be held by a private
person, natural or juridical, in accordance with the following rules:
If natural resources, except agricultural land, cannot be alienated, how can they be explored,
developed or utilized? RULES:
A distinction must be made bet. alienable lands and inalienable lands. 1. Only agricultural lands of the public domain may be alienated.
Alienable lands may be the subject of lease, and the rules are found in Sec. 3. 2. Only qualified individuals may acquire alienable lands of the public domain.
Inalienable lands, however, can only be developed and utilized directly by the State or in 3. Establishes the size of the land which may be acquired by individuals or leased by
conjunction w/ qualified individuals or corps. through "co-production, joint venture, or individuals or corps.
production sharing" and thus "full control and supervision of the State" is preserved. 4. Limits the discretion of Congress to open public lands for lease or acquisition.
Howsoever natural resources might be exploited or developed, the right to do so is
reserved for "Filipino citizens, or corps., or associations at least sixty per centum of whose Who May Hold Alienable Lands of the Public Domain
capital is owned by such citizens 1. Corporations - lease
Private corporation or associations may not hold alienable lands of the public domain
b.1. REGALIAN DOCTRINE except by lease.
All (a) lands of the public domain, (b) waters, (c) mineral oils, (d) all forces of potential Limitations:
energy, (e) fisheries, (f) forest or timber, (g) wildlife, (h) flora and fauna, and (i) other natural a. Period: not more than 25 years, renewable for not more than 25 years.
resources are owned by the State. b. Size: not to exceed 1,000 hectares in area.
Lands of public domain:
1. Agricultural 2. Filipino citizens - acquire or lease
2. Forest or timber Citizens of the Philippines may (a) lease no more than 500 hectares, (subject to the same
3. Mineral conditions as in Filipino corporations) or (b) not more than 12 hectares thereof by purchase,
4. National parks homestead or grant.

b.2. CITIZENSHIP REQUIREMENT Disqualification of private corporations? One purpose of this constitutional prohibition is to
All natural resources, with the exception of agricultural lands, shall not be alienated. equitably diffuse landownership or to encourage owner cultivatorship and economic family size
The exploration, development, and utilization or natural resources shall be under the full farms and thereby prevent the recurrence of huge land holdings by corps. or private persons. It
control and supervision of the State (as the owner thereof.) was also aimed against undue exploitation of our public lands and natural resources by large
corps.
b.3. THE GRANDFATHER RULE in corporation
In so exploring, developing or utilizing its natural resources, the State has two options: No citizenship limitation? The impression might be given that Sec. 3 opens utilization of
1. One, it may undertake such activities directly, or alienable lands to foreign individuals or foreign corps. bec. Sec. 3 makes no mention of
2. It may enter into (a) co-production, (b) joint venture, or (c) production sharing citizenship requirement. But alienable lands are part of the natural resources and the gen. rule
agreement with Filipino citizens, or corporations or associations with at least 60% on the utilization of all natural resources can be found in Sec. 2. Thus, the utilization of alienable
Filipino capital. lands is open only to those qualified under Sec. 2 and in the manner prescribed by Sec. 2.

C. CLASSIFICATION, SIZE, CONDITIONS FOR GRANT OF PUBLIC LANDS (Sec. 3) D. PRIVATE LANDS
Art. XII, Sec. 7. Save in cases of hereditary succession, no private lands shall be
Classification Lands of the public domain are classified into agricultural, forest or transferred or conveyed except to individuals, corporations, or associations qualified to
timber, mineral lands, and national parks. Agricultural lands of the public domain may be acquire or hold lands of the public domain.
further classified by law according to which they may be devoted.
d.1. CITIZENSHIP REQUIREMENTS (SEC. 7)
Alienability As a general rule, the acquisition of private lands is limited to individuals or corporations
With the exception of agricultural lands, all other natural resources are owned by the State. (and associations who are qualified to acquire or holds land of the public domain). These
(Art. XII, Sec. 2) are:

University of San Carlos / LLB 1 / EH410


CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
a. Citizens of the Philippines because they are qualified to both acquire and leases (hold) between pure capitalism and pure socialism, with a tendency towards socialism.
alienable lands under sec. 3. b. Nationalistic Economy
b. "Private Corporations" because they are qualified to hold alienable public lands under The State shall promote the preferential use of Filipino labor, domestic materials, and
sec. 3 by way of lease. The issue is whether the term "private corporation" is limited to locally produced goods, and adopt measures that help make them competitive.
60% Filipino owned corporation, which should be the intent of the Constitution, as in The State shall pursue a trade policy that serves the general welfare and utilizes all
the case of other natural resources. If not, then even foreign corporations can forms and arrangements of exchange on the basis of equality and reciprocity.
purchase private lands, not only lease alienable public lands.
e.2. ORGANIZATION AND REGULATION OF PRIVATE CORPORATIONS
d.2. EXCEPTIONS Art. XII, Sec. 16. The Congress shall not, except by general law, provide for the
formation, organization, or regulation of private corporations. Government-owned or
d.2.1. Legal Succession controlled corporations may be created or established by special charters in the interest of
Aliens in cases of hereditary succession (Art. XII, Sec. 7.) This is limited to compulsory and the common good and subject to the test of economic viability.
legal succession and does not include testamentary succession, as ruled in Ramirez v. The purpose of the first sentence is to insulate Congress against pressures from special
Ramirez. interests: "To permit the law making body by special law to provide for the organization or
Hereditary succession alien who is a compulsory heir in by way of testamentary formation or regulation of private corps., it was believed, would in effect to offer to it the
succession temptation in many cases to favor certain groups to the prejudice or to the prejudice of the
interest of the country.
d.2.2. Acquisition by former natural-born citizens (Sec.8) Private corporations can only be formed by a general law Corporation Code of the
A natural born citizen who lost his Philippine citizenship. (Art. XII, Sec. 8.) Philippines.
The law provides that they may own not more than 2 lots of 1000 sq. m. if urban or 2000
sq. m. if rural. e.3. OPERATION OF PUBLIC UTILITIES
For the purpose of this provision, a corp. or association is considered a Filipino if: (1) it is
Status of contract of sale of private land to those who are not qualified to hold them. organized under Phil. laws and (2) at least 60 % of its capital is owned by Filipino citizens.
It should be noted that the Constitution does not prohibit the mere formation of a public
E. ECONOMIC ACTIVITIES utility corp. without the required proportion of Filipino capital. What it does prohibit is the
granting of a franchise or other form of authorization for the operation of a public utility
EDU (exploration development and utilization) - full supervision of the State already in existence but w/o the requisite proportion of Filipino capital.
1. Directly Sec. 17. In times of national emergency, when the public interest so requires, the State
2. Joint venture, co-production, PSA may, during the emergency and under reasonable terms prescribed by it, temporarily take
Citizen over or direct the operation of any privately owned public utility or business affected with
Qualified private corporation public interest.

Can foreign corporations enter into joint venture, co-production, PSA? e.4. FILIPINIZATION
Only in two instances. Limited to providing technical or financial assistance.
1. If it is a large scale EDU e.4.1. Of mass media and advertising
2. Mineral oil, mineral oil, petroleum oil Art. XVI, Sec. 10. The State shall provide the policy environment for the full development
of Filipino capability and the emergence of communication structures suitable to the needs
Can foreigners own houses? Yes. and aspirations of the nation and the balanced flow of information into, out of, and across
the country, in accordance with a policy that respects the freedom of speech and of the
Three reasons why foreigners cannot acquire/own private lands: press.
1. Insure their conservation for Filipino posterity Sec. 11. (1) The ownership and management of mass media shall be limited to citizens of
2. To serve as an instrument of national defense, helping prevent the extension to the country the Philippines, or to corporations, cooperatives or associations, wholly-owned and
of foreign control thorough peaceful economic penetration managed by such citizens.
3. To avoid making the Philippines a source of international conflicts The Congress shall regulate or prohibit monopolies in commercial mass media when the
public interest so requires. No combinations in restraint of trade or unfair competition
Small scale utilization of natural resources may be allowed in favor of Filipino citizens. therein shall be allowed.
"Mass media" in Sec. 11 (1) includes radio, television and the printed media. It does not
e.1. RATIONALE include commercial telecommunications which are governed as public utilities under Art.
a. Socialistic Economy The Constitution announces the policy of free enterprise tempered XII, Sec. 11.
by state intervention when the common good so requires. The economic theory is one in

University of San Carlos / LLB 1 / EH410


CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
e.4.2. Practice of professions
Art. XII, Sec. 14. The sustained development of a reservoir of national talents consisting
of Filipino scientists, entrepreneurs, professionals, managers, high level technical
manpower and skilled workers and craftsmen in all fields shall be promoted by the State.
The State shall encourage appropriate technology and regulate its transfer for the national
benefit. The practice of all professions in the Philippines shall be limited to Filipino citizens,
save in cases prescribed by law.

F. MONOPOLIES, COMBINATIONS, AND UNFAIR COMPETITION


Art. XII, Sec. 19. The State shall regulate or prohibit monopolies when the public interest
so requires. No combinations in restraint of trade or unfair competition shall be allowed.

Stewardship Concept of the Constitution refer to Art. 12, Sec. 6

University of San Carlos / LLB 1 / EH410