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2. Suit against governmental agency -an agent is any person who binds himself to render some
service in representation of another, with the consent of the
-Why/When is it suit in reality against the state even if
latter; Shell doesnt represent; not an agent & can be sued
against governmental agency only? If it is against
without states consent
unincorporated government agency where such government
agency will have to go back to state for satisfaction of 3. Suit against a government official
judgment; so ultimately it is a suit against the state -When is it suit in reality against the state even if against
Steps in ascertaining if its suit against state: government official only? IF these allegations are made:
a) Check what kind of agency is involved in the suit (& not the Fundamental Question: Will the state have to pay?
function) a) Suing government official in his official capacity
b) If the agency involved is unincorporated, determine if it is
b) The government official acted without bad faith, malice,
doing a governmental/proprietary function
negligence & corruption
c) If doing governmental function, it is a suit against the state
& one will need its consent c) Suing government official not in his personal capacity
Kinds of government agency: If theres ANY of these allegations, NOT SUIT against the
state but against the official only:
a) Unincorporated government agency- no charter of its own;
merged with whole governmental machinery; no personality a) Government officials actions were unlawful & injurious to
of its own; derive personality from state itself the rights of others
b) Incorporated government agency- has a charter of its own; b) Suing government official in his personal capacity
has personality of its own, so suit is against it, not against the
state; has personality separate & distinct from state; case you
file is a case against it only; can be sued even if doing
governmental/proprietary functions (eg. X v Cebu City)
CASES: -whether state intends to make itself liable rests only with
1. Lansang vs CA- Lansang sought to evict GABI from selling in legislature & not with courts
Rizal Park SUABILITY not equal to LIABILITY
- rule is that the suit must be regarded as one against the -consent to be sued only extends to proceedings anterior to
state if satisfaction of judgment against the public official the stage of execution & power of courts ends when
concerned will require the state itself to perform a positive judgment is rendered; only to prove liability
act, such as appropriation of the necessary amount -to make state liable, one needs separate appropriation for
- does not apply where official is charged in official capacity money claim
for acts that are unlawful & injurious to the rights of others; GENERAL PROCESS IN SUING THE STATE:
bad faith
a) Identify if its a suit against the state; obtain consent
- neither when sued in his personal capacity although he b) Prove state is liable
committed acts complained of while he occupied a public c) If liable, ask state to make separate appropriation through
position legislature
2. Calub vs CA Forest Protection team confiscated d) If no appropriation is made, compel legislature through
motorcycles & owners want them back mandamus
-immunity applies to officials performing activities within -process is long, hence, there is no practical benefit in suing
their authority in good faith, without willfulness, the state
malice/corruption
-performed by them in the discharge of their official duties GENERAL PROCESS FOR MONEY CLAIMS ARISING FROM
-here, cannot prosper without states consent CONTRACTS:
QUESTIONS: -Under CA No. 327, as amended by PD No. 1445, a claim
-When is a suit against the state? 3 instances (above) against the government must first be filed with the
Commission on Audit, which must act upon it within sixty
-Given its a suit against the state, what will happen to the
days. If the claim is rejected the claimant is authorized to
suit? If there is no consent, case will be dismissed. If with
elevate the matter to the Supreme Court on certiorari and in
consent, case may proceed
effect sue the State with its consent.
-If it is a suit against the state, what do you do next? Obtain
-If case is won for money claim, there must be a separate
CONSENT of state:
appropriation to get the money claim or purpose.
a) Express- only through law (not by president/sol gen, etc.)
STEPS FOR MONEY CLAIMS ARISING FROM CONTRACTS:
A1. General law
1. File with the Commission on Audit to determine if the
-Art. 2180, New Civil Code: (express) consent is given by state complaint is tenable which must act upon it.
if filed against a special agent of the state (here, consent to
2. If rejected, the claimant is authorized to elevate the matter
be sued is given to anyone who comes within this provision)
to the Supreme Court on Certiorari.
-CA 327, amended by PD 1445, Money claims arising from
3. In effect, the claimant can sue the State with its consent.
contracts expressed or implied: one can lodge money claim
with Commission on Audit; if not acted upon within 60 days, 4. If the claimant won the case, when final judgment of the
one can file a case in court Supreme Court rendered, he will return to Commission on
Audit.
A2. Special law- pass law giving consent to be sued for a
particular person, e.g. Meritt 5. Commission on Audit will submit a letter to the President
in which the latter will may recommend to the Congress to
b) Implied consent (in few and rare cases)
make an appropriation law in the claimants favor.
b1. When there is a valid claim for compensation arising from
6. If the Congress doesnt make a law, the claimant may file a
the taking without just compensation & proper expropriation
petition for mandamus to compel the former to make a bill
proceedings
for his claims enactment and approval of the necessary
b2. When state sues, it opens itself for counterclaims appropriation ordinance and the corresponding disbursement
b3. When the state engages in commercial/business of funds
transactions SUABILITY =/ LIABILITY
b4. When injustice is done on a citizen
CASE: Merritt vs Phil III. GOVERNMENT
-Merritt had accident with General Hospital ambulance - is the agency of the state through which the will of the state
-government passed act authorizing Merritt to bring suit is formulated, expressed & carried out
-state only liable for acts of its agents, employees when they - here, government is the agent and the state is the principal
act as special agents; in this case, chauffer of the ambulance - order of the state: to do that which is beneficial
was not a special agent
- principle: State can do no wrong
CASE: US vs Dorr -government of Arroyo is not revolutionary in character; oath
- defendants convicted of libel against state she took is under 1987 consti; she swore to preserve &
defend the 1987 consti; discharged powers of president
- contains no attack upon the governmental system by which
under 1987 consti
the authority of the U.S. is enforced in these islands. The form
of Government by a Civil Commission and a Civil Governor is -distinction between EDSA 1 & 2: 1 involves the exercise of
not assailed. It is the character of the men who are instructed people power of revolution which overthrew the whole
with the administration of the government that the writer is government; 2 Is an exercise of people power of freedom of
seeking to bring into disrepute speech & assembly. 1 is extraconstitutional & 2 is intra-
constitutional & can be subject to judicial review; 1 is a
-Administration means the aggregate of those persons in
political question & 2 is a justiciable question
whose hands the reins of the govt are for the time being
Kinds of Government
-Government is the agency of the state through which the
will of the state is formulated, expressed & carried out 1. based on number of persons holding power
a) monarchy b) oligarchy
if government no longer does will of the state/mandate of
the principal/do acts which are beneficial, replace the c) democracy- direct/pure democracy (people take part in
agent/government through the people & through the passage of laws)
Doctrine of Revolution/ Doctrine of Direct State Action -indirect/republican (through reps)
-Rebellion is an unsuccessful revolution; did not succeed 2. based on relationship between legislative & executive
hence it becomes a crime, vs. a) presidential b) parliamentary
-Doctrine of Revolution/Direct State Action- able to unseat 3. based on power of central authority
the government since the state acted directly; successful
a) federal
revolution
b) unitary Phils is unitary; what has been decentralized is
If it fails, its not Doctrine of Revolution.
only function, not power
-Definition (Concurring Opinion Mendoza, Estrada v Arroyo):
4. other class (when there are warring governments)
an inherent right of people to cast out their rulers, change
their policy or effect radical reforms in their system of a) de jure - government that has legal authority but may not
government or institutions by force or a general uprising have actual control
when the legal and constitutional methods of making such b) de facto - no legal basis but has actual control
change have proved inadequate or are so obstructed as to be
-Is our present government de facto/de jure? Neither; this
unavailable. The locus of positive law-making power lies with
class is only during the war when theres both de facto & de
the right of the people to abolish, to reform and to alter any
jure existing; now, Phils has only one government & we are
existing form of government without regard to the existing
not at war
constitution
CASES:
-Is revolution illegal? cannot be illegal since performed by
the state 1. Co Kim Cham vs Tan Keh- wants to continue proceedings in
civil case since war is now over & japs have left
-Is it constitutional? revolution cannot be deemed
unconstitutional/constitutional because it is not provided in -THREE Kinds of de facto government:
the constitution; it is extraconstitutional since this orbits A) that government that gets possession & control of, usurps,
outside the loop of the constitution; right to revolt cant be by force/voice of majority, the rightful legal government &
placed in the constitution because state would then be maintains itself against the will of the latter
planting the seeds of its own destruction B) that which is established & maintained by military forces
-When is an act unconstitutional? when there is a provision who invade & occupy a territory of the enemy in the course
in the constitution and the act violates it of war
-Right to revolt cannot be recognized as a constitutional -What is the effect of belligerent occupation?
principle; a constitution to provide for the right of the people There is no change in sovereignty (de jure sovereign is the
to revolt will carry with it the seeds of its own destruction; it one not in control & de facto sovereign is the occupant).
orbits outside the loop of the constitution. Rather, the right Political laws, except the law on treason, are suspended;
to revolt is affirmed as a natural right. (Mendoza, Estrada v municipal laws remain in force unless repealed by the
Arroyo) belligerent occupant. However at the end of the belligerent
-Can Direct State Action/Revolution emanate from Art 2, sec occupation, when the occupant is ousted from the territory,
1 Sovereignty resides in the people & all government the political law which had been suspended during the
authority derives from them? No because sovereignty of occupation shall automatically become effective again, under
the people is only manifested, and expressed through the the principle of postliminy
ballot and nothing else (Concurring Opinion, Mendoza, -On our Political Laws- immediately cease to have effect,
Estrada v Arroyo) except insofar as they are continued in force by the express
CASE: Estrada vs Arroyo consent of the ne sovereign
-Arroyo became president after Estrada was forced to leave -On our Municipal Laws- those which are not in conflict with
the laws of the new sovereign may continue in force with the
express consent of the new sovereign or until changed by the IV. Principles of Goverment
sovereign through legislative acts; not changed merely by ARTICLE 2:
change of sovereignty
1. Sec 1, The Phils is a democratic & republican state.
-On Judicial Decisions- good & valid during the occupation Sovereignty resides in the people & all government
and even beyond except those of a political complexion authority emanates from them.
which are automatically annulled as soon as the legitimate
-Is stating democratic & republic redundant? No; if you leave
authority is restored
only republican, you leave out philosophical basis which is
democracy; also, people legislating thru initiative &
Basis: Sec. III of the Hague Convention of 1907 - powers and referendum is purely democratic & not republican since they
duties of de facto governments regulated can directly exercise powers of government
-Belligerent occupant has the right and is burdened with duty Pardonable Redundancy purpose being to emphasize that
to insure public order and safety during military occupation. are country is republican democratic at the same time
-He can suspend the old laws and promulgate new one and Direct exercise of their sovereign authority: 1) elections, 2)
make such changes in the old as he may see fit.
plebiscite, 3) initiative, 4) recall, 5) referendum
-He is enjoined to respect, unless absolutely prevented by the
circumstances, the municipal laws in force in the country - Principles state of rules with no derogation
enforce public order and regulate social and commercial life State Policies guidelines to congress when legislation
of the country.
Ways by which people directly exercise sovereignty:
-BUT, laws of political in nature are suspended
a)Election b)plebiscite c)initiative d)recall e)referendum
PRINCIPLE OF POSTLIMINY (POSTLIMINIUM)
Democracy & Republicanism (Dissenting of Puno, Tolentino v
-the fact that a territory which has been occupied by an
Comelec)
enemy comes again into the power of its legitimate
government of sovereignty, does not except in a very few a) Plato - did not want democracy; those of low quality would
cases, wipe out the effects of acts done by an invader, which dominate the state by mere numerical superiority. More
for one reason or another it is within his competence to do. numerous masses would govern with meanness and bring
-Judicial acts done under his control, when they are not of a about a tyranny of the majority
political complexion, administrative acts so done, to the b) Aristotle under certain conditions, the will of the many
extent that they take effect during the continuance of his
could be equal to or even wiser than the judgment of law
control, and the various acts done during the same time by
- democracy could be done if upper class govern for
private persons under the sanction of municipal law, remain
good. they represent people of greatest refinement & quality
c) Middle Ages- industrial revolution enabled Europe to rise
C) that established as an independent government by the
because of the efforts of individuals; theory of popular
inhabitants of the country who rise in insurrection against the
sovereignty developed where all people were equal; social
parent state
contract theory also came where it is the act of people
2. Lawyers League vs Aquino- issue is Aquinos govt exercising their sovereignty & creating a govt to which
-legitimacy of Aquino govt is not justiciable but belongs to the they consent
realm of politics where only the people are the judge - They bannered the idea that all people were equal; no
-not merely de facto but a de jure govt; accepted by the one had a greater right to rule than another
people & community of nations d) John Locke- democracy should be limited to people with
personal stake in society: land owners
Functions of government
- Basis of political society is a contract whereby
1. Constituent function- those which constitute the bond of individuals consent to be bound by the laws
society & are therefore compulsory & not optional such as - Though all people were equally possessed of natural
keeping of order & providing protection rights, political power should only be for the middle
2. Ministrant- undertaken only to advance the general class
interest of society & are optional e) Thomas Jefferson- people including ordinary folk should be
-now, distinction between constituent & ministrant is given chance to govern since they are the only competent
already blurred guardians of their liberties
3. Doctrine of Parens Patriae- parent of the people; the state
When we refer to popular or republican or representative
has the sovereign power of guardianship over persons
government, we refer to some system of popular
under disability
representation where the powers of government are
CASE: Govt vs de Piedad entrusted to those representatives chosen
-money loaned to de piedad; state now has to get it back for RIGHT OF REVOLUTION (Concurring Opinion Mendoza)-
those damaged by earthquake inherent right of the people to cast out their rulers, change
-duty of the government to exercise supervision & control their policy or effect radical reforms by force
over the money & devote it to the object for which it was -sovereign will of people expressed through ballot; any
originally destined exercise of the powers of sovereignty in any other way is
-in bringing this suit, government is exercising its sovereign unconstitutional
functions or powers and its being the parent of the people
-right to revolt cannot be recognized as a consti principle; it is - if the President of the RP, or high government officials are
only affirmed as a natural right & must be exercised only for the ones committing abuses while in the performance of their
weighty & serious reasons duties, the AFP is obliged, under Sec. 3, to protect the people
of the State, against their abuses. In other words, the interest
2. Sec 2, The Phils renounces war as an instrument of of the people is more supreme than officials interest
national policy, & adopts the generally accepted principles of -President is commander in chief; even in martial law,
international law as part of the law of the land. President is highest civil authority
-not renouncing defensive war, only aggressive war, so there 4. Sec 4, The prime duty of the government is to serve &
is still need to maintain AFP protect the people. The government may call upon the
DOCTRINE OF INCORPORATION vs DOCTRINE OF people to defend the state; all citizens may be required by
TRANSFORMATION law to render personal, military or civil service.
Distinguish first: -government as protector of the people & people as
1. Domestic/municipal law- national laws; statutes defenders of the state
2. Generally accepted principles of international law (GAPIL)- 5. Sec 6, The separation of church & state shall be
never just international law; has to be GAPIL, e.g. inviolable.
prohibition on genocide
-this is a requirement to the state; as long as state doesnt
DOCTRINE OF INCORPORATION: GAPIL is adopted as part of breach the wall; let the church be even if they do something
the law of the land & accepted Implemented by:
DOCTRINE OF TRANSFORMATION: Congress has to make 5.1 Art 3, sec 5, Freedom of Religion Clause, No law shall
GAPIL into national legislation before anyone can invoke a be made respecting an establishment of religion, or
GAPIL prohibiting the free exercise thereof.
-in Phil., we adhere to Incorporation as stated in Sec 2 2 fold concept:
Problem: What if domestic law in conflict with GAPIL? FIRST, a) non-establishment of religion- but there is operation of
try to harmonize both. Only in case of irreconcilable conflict sectarian schools, religious instruction in public schools,
should one apply rules; cant directly uphold domestic law tax exemption, aid to religion
since its equal in footing with GAPIL; except if GAPIL conflicts b) free exercise of religion- state cant establish religion, but
with Consti; then Consti prevails
when one chooses religion, state should allow its exercise
CASES: 5.2 Art 6, sec 28, par 3, Charitable institutions, churches
1. Philip Morris vs CA- Morris sued Fortune since latter used and parsonages or convents appurtenant thereto,
similar trademark of MARK, MARK TEN and LARk mosques, non-profit cemeteries & all lands buildings,
improvements actually, directly & exclusively used for
-our municipal law on trademarks regarding requirement of
religious, charitable or educational purposes shall be
actual use in Phils must subordinate an international
exempt from taxation
agreement inasmuch as the apparent clash is being decided
by a municipal tribunal -state has to exempt from tax in order to avoid establishment
of religion
-fact that intl law has been made part of the law of the land
doesnt mean primacy of intl law over municipal law -avoid excessive entanglement with religion; avoid constant
contact; if you tax them, they will keep on coming back to the
-under doc of incorp, intl law is given equal standing to
state & this will foster excessive entanglement
national law
5.3. Art 6, sec 29, par 2 No public money.. shall be
2. Sec of Justice vs Lantion- extradition case
appropriated.. for any church.. except when such priest.. is
-pacta sunt servanda- parties to a treaty must keep their assigned to the AFP.. leprosarium.
agreement in good faith
-allowed to be appropriated since people in said institutions
-under doc of incorp, no further legislative action is needed have limited mobility ; so as not to curtail religion, allow
to make intl rules applicable in the domestic sphere priests to go to these institutions
-if conflict is irreconcilable, municipal law should be upheld CASE: Aglipay vs Ruiz
since courts are organs of municipal law & accordingly bound
-government sold postage stamps commemorative of the 33rd
by it under all circumstances
intl eucharistic congress
3. Sec 3, Civilian authority is at all times supreme over the
-union of church & state is prejudicial to both
military. The AFP is the protector of the people & the state.
Its goal is to secure the sovereignty of the state & the -the act here does not contemplate a religious purpose;
integrity of the national territory. issuance by postage stamps not inspired by any
denomination; not sold for the benefit of the Roman Catholic
a)The principle of civilian supremacy
Church
-this is in line with the principle that sovereignty resides in
the people and all government authority emanates from -selling the stamps was to advertise the Phils & attract more
them, and this supremacy is at all times, supreme over the tourists; officials merely took advantage of an event
military. considered as national importance
b)The principle that the AFP is the protector of the people
and the State.
-on the stamp, what is shown is not chalice but map of Phils; -information on inter-government exchanges prior to
whats emphasized is Manila as seat of that congress, not the conclusion of treaties may be subject to reasonable
congress; these are mere incidental results safeguards for the sake of national interest
CASES/ OTHER Policies of government: - recognized exceptions: privileged information, military and
1. Manila Prince Hotel vs GSIS- FILIPINO FIRST POLICY diplomatic secrets and similar matters affecting national
security and public order
-Filipinos (qualified) should be given preference in the grant
of concessions, privileges & rights covering national -presumption that the public interest favors confidentiality
patrimony can be defeated only by a strong showing that the
responsibilities of that institution cannot responsibly be
This policy is product of Phil nationalism
fulfilled without access to records of the President's
2. Tanada vs Angara- ECONOMIC NATIONALISM deliberation
-Consti mandates a bias in favor of Filipino goods, but it also
recognizes the need for business exchange with the rest of
V. POWERS & STRUCTURE OF PHIL GOVERNMENT:
the world; limits protection of Filipino enterprises only
DOCTRING OF SEPARATION OF POWERS
against foreign competition & trade practices that are unfair
-Doc of Separation of Powers has 3 assumptions:
-policy of SELF-RELIANT & INDEPENDENT NATIONAL
ECONOMY- does not rule out foreign competition; not 1) the powers of government are divided into 3, legislative,
intended to be an isolationist policy executive & judicial
-animal drawn vehicles prohibited from passing in certain 3)these 3 branches are separate & co-equal (exc. when there
street is blending of powers)
-Social justice: insure the well-being & economic security of Purpose? To prevent concentration of powers
the people; humanization of laws & equalization of social & Where in the Consti is Sep of Powers found? Art 6,7,8;
economic forces by the state; bringing greatest good to the legislative, executive & judicial powers are actually
greatest number; salus populi est supreme lex distributed in the constitution
4. Oposa vs Factoran- PROMOTION OF BALANCED &
HEALTHFUL ECOLOGY CHECKS & BALANCES- to look into the action of one branch to
-twin concepts: intergenerational responsibility & ensure that the other branch performs its power/duty
intergenerational justice 1) Check on Congress:
-represent their (minors) generation & generations yet -by Judiciary: judicial review
unborn
-by President- veto power
-the judicious management & conservation of the countrys
2) check on President
resources; duty to refrain from impairing the environment
-by judiciary: judicial review
5. Valmonte vs Belmonte- HONEST PUBLIC SERVICE & FULL
DISCLOSURE -by Congress: concurrence (in treaties), check on
appointments, impeachment, override veto
-to furnish copy to media of those who obtained clean loan
3) check on judiciary:
-right of the people on matters of public concern shall be
recognized; an informed citizenry is vital to the democratic -by President: can grant pardon to convict to temper
government harshness of sentence
-right to information is premise of right to speech & -by Congress: can limit jurisdiction of courts
expression; goes hand in hand with full public disclosure & NOT A VALID CHECK- when Congress passes law that does
honest public service not set forth policy but interprets the law interpretation
-2 reqs for right to information: limited to transactions of the law is not the province of the legislature
involving public interest; no exact definition for public DIRECT CHECK ON JUDICIARY- when Congress passes a law
interest; court has to determine on case-to-case basis; & that changes the conditions on which the law is based
information sought not among those excluded by law -BLENDING OF POWERS- instances of sharing powers among
-GSIS funds assume public character since GSIS is trustee of the 3 branches
govt & its employees CASE: Separate Opinion, Justice Puno
6. Akbayan vs Aquino- HONEST PUBLIC SERVICE & FULL - prevents the concentration of legislative, executive, and
DISCLOSURE judicial powers to a single branch of government by deftly
-demand copy of JPEPA full text including negotiations allocating their exercise to the three branches
- diplomatic negotiations are covered by the doctrine of -dates back from the time of Aristotle but the modern
executive privilege, thus constituting an exception to the concept owes to Locke and Montesquieu
right to information and the policy of full public disclosure -Locke: advocated the proper division of the legislative,
executive and federative powers; that executive powers
should not be placed in one person or group of persons For 3 consecutive terms after the ratification of the COnsti,
exercising legislative power because it may be too great a of the seats allocated to party-list reps shall be filled from
temptation to human frailty the labor, peasant, urban poor, indigenous cultural
- Montesquieu: redefined concept; legislative and executive communities, women, youth.. exc. the religious sector
powers are united in the same person, or in the same body of
magistrates, there can be no liberty; because apprehensions Structure of Legislative Department- composed of the
may arise, lest the same monarch or senate should enact Congress of the Phil2 houses
tyrannical laws, to execute them in a tyrannical manner
-Senate 24 senators; Can only be increased by
-American Revolution: separation of powers requires a constitutional amendment
watertight compartmentalization of the executive, judicial,
-House of Reps not more than 250
and legislative functions and permits no sharing of
government Can this be increased by legislation/law? Ways of creating
legislative district, thereby increasing number of
-In our constitution, it obtains not through express provision
representatives:
in the Consi but by actual division in our consti
1. Create a province (in the constitution)- allocate a seat for
-principle of separation of powers (1) allows the blending
one representative
of some of the executive, legislative, or judicial powers in one
2. create a city with a pop of at least 250 thousand
body; (2) does not prevent one branch of government from
(allocating one seat)
inquiring into the affairs of the other branches to maintain
3. Pass a district apportionment law/ general
the balance of power; (3) but ensures that there is no
reapportionment law- create a legislative district: req:
encroachment on matters within the exclusive jurisdiction of
contiguous (close by, nearby), compact, adjacent
the other branches
territories
Reason for req.? to prevent gerrymandering unfair
distribution of legislative district
VI. LEGISLATIVE DEPARTMENT: STRUCTURE Exception: no decided case yet if req. is mandatory, to be
interpreted literally. Required only as far as practicable
Article 6
CASE: Sema vs COMELEC
Sec 1: The Legislative power shall be vested in the Congress -creation of Shariff Kabunsuan as province
of the Phil which shall consist of a Senate & HOR, except to -the creation of any of the four local government units
the extent reserved to the people by the provision on initiative province, city, municipality or barangay must comply with
& referendum. three conditions: 1) creation of a local government unit must
- legislative power not exclusive to Congress; shared follow the criteria fixed in the LGC 2)such creation must not
with the people under system of initiative & conflict with the Constitution 3) there must be a plebiscite in
referendum the political units affected
- When asked, how do we make laws in the Philippines? - a province cannot be created without a legislative
Answer is: Congress AND initiative and referendum district/city with a population of 250,000/more cannot also
- The enabling law is only for national and local be created without a legislative district
legistation and NONE for Consti (yet) -power to increase allowable membership in the HOR & to
reapportion legislative districts, vested exclusively in
Bicameral body
Congress
- Senate (Upper House) -when a province is created, a legislative district is created by
o 24 Senators with a term of 6 years that are operation of the Consti because the Consti provides that
elected at large "each province shall have at least 1 representative" in HOR
o 12 senators are elected every three years
- House of Representatives (Lower House) 2 kinds of members of HOR:
o Not more than 250 members, unless 1. District representatives- created in 3 ways
otherwise provided for by law 2. Party-list- 20 percent of the total number of
o Now, there are 289 members, inclusive of representatives including those under the party list
party-list representatives -To compute: Formula in BANAT
Sec 2 The Senate shall be composed of 24 Senators who Qualifications/disqualifications as a registered party list
shall be elected at large by the qualified voters of the Phils, as (Bagong Bayan):
may be provided by law 1. Represent the marginalized and the underrepresented-
Sec 5, 1 The HOR shall be composed of not more than 250 examples are labor, peasant
members, unless otherwise fixed by law, who shall be elected 2. Major political parties can be a party-list- show that they
from legislative districts apportioned among the provinces, represent the marginalized and underrepresented
cities, & the Metropolitan Manila Area & those who, as Whats prohibited is registration of religious group; but if
provided by law, shall be elected through a party-list you didnt register your religious org, you can
system.. 3. must not be funded by the government
b) The percentage of their respective votes as against the (6) It declares untruthful statements in its petition;
total number of votes cast for the party-list system is then (7) It has ceased to exist for at least 1 year; or
determined. All those that garnered at least 2 percent of the (8) It fails to participate in the last 2 preceding elections/ fails
total votes cast have an assured or guaranteed seat in the to obtain at least 2% of the votes cast under the party-list
HOR system in the 2 preceding elections for the constituency in
-process for 2nd round/distribution of additional seats see which it has registered
BANAT ruling since computation here was overruled -Qualifications of Party-List Nominees: No person shall be
nominated as party-list rep unless he is a natural-born citizen
7. Bantay Rep vs COMELEC- party list elections must not be of the Philippines, a registered voter, a resident of the
personality oriented; the people are to vote for sectoral Philippines for a period of not less than one (1) year
parties, organizations, or coalitions, not for their nominees immediately preceding the day of the election, able to read
and write, a bona fide member of the party or organization
- Comelec has a constitutional duty to disclose and release which he seeks to represent for at 90 days preceding the day
the names of the nominees of the party-list groups of the election, and is at least 25 years of age on the day of
8. CIBAC vs COMELEC- equal to at least six percent of the total the election
valid votes cast for all the party list groups, then the first 10. Torayno vs COMELEC- disqualification of Emano as
party shall be entitled to two additional seats or a total of mayoral candidate; failed to meet the one-year residence
three seats overall requirement
-overruled by BANAT -in requiring candidates to have a minimum period of
9. Bagong Bayani vs COMELEC- party-list system is a social residence in the area in which they seek to be elected, the
justice tool designed not only to give more law to the great Consti or the law intends to prevent the possibility of a
masses of our people who have less in life, but also to enable "stranger or newcomer unacquainted with the conditions &
them to become veritable lawmakers themselves, needs of a community & not identified with the latter from
empowered to participate directly in the enactment of laws [seeking] an elective office to serve that community
designed to benefit them; intends to make the marginalized -He owned a house in the city & resided there together with
& underrepresented not merely passive recipients of the his family; paid his 1998 community tax & registered as a
State's benevolence, but active participants in the voter therein. To all intents and purposes of the Constitution
mainstream of representative democracy & the law, he is a resident of Cagayan de Oro City & eligible to
- a "party" is "either a political party or a sectoral party or a run for mayor thereof
coalition of parties."; law defines "political party" as "an -the actual, physical & personal presence of herein private
organized group of citizens advocating an ideology or respondent in Cagayan de Oro City is substantial enough to
platform, principles & policies for the general conduct of show his intention to fulfill the duties of mayor & for the
government and which, as the most immediate means of voters to evaluate his qualifications for the mayorship
securing their adoption, regularly nominates and supports
certain of its leaders and members as candidates for public 11. BANAT vs COMELEC- the Constitution left the manner of
office allocating the seats available to party-list reps to the wisdom
of the legislature
- political parties even the major ones -- may participate in
the party-list elections; but the requisite character of these -In computing the additional seats, the guaranteed seats
parties must be consistent with the purpose of the party-list shall no longer be included because they have already been
system allocated, at one seat each, to every two-percenter. Thus, the
remaining available seats for allocation as "additional seats"
- Filipino-style party-list system, which will "enable" the are the maximum seats reserved under the Party List System
election to the House of Representatives of Filipino citizens, less the guaranteed seats
1. who belong to marginalized &underrepresented sectors, - we do not limit our allocation of additional seats in to the
organizations and parties; and two-percenters
2. who lack well-defined constituencies; but - TWO STEPS IN THE SECOND ROUND OF SEAT ALLOCATION:
3. who could contribute to the formulation & enactment of a) the percentage is multiplied by the remaining available
appropriate legislation that will benefit the nation as a whole seats; the whole integer of the product of the percentage and
- not enough for the candidate to claim representation; party- of the remaining available seats corresponds to a partys
list organization or party must factually & truly represent the share in the remaining available seats
marginalized and underrepresented constituencies b) assign one party-list seat to each of the parties next in rank
A party/organization must not be disqualified under Section 6 until all available seats are completely distributed
of RA 7941, which enumerates the grounds for -20% allocation of party-list representatives is merely a
disqualification as follows: ceiling; however, we cannot allow the continued existence of
a provision in the law which will systematically prevent the
constitutionally allocated 20% party-list representatives from CASE: SJS vs Drug Board
being filled -Aquilino Pimentel, Father of LGC
- In the second round allocation of additional seats, there is -students, private employees, public employees can be
no minimum vote requirement to obtain a party-list seat required to undergo drug testing
-However, a party-list organization has to obtain a sufficient -candidates for public office, cant be required; add
number of votes to gain a seat in the 2nd round of seat qualification by consti amendment
allocation. What is deemed a sufficient number of votes is
dependent upon the circumstances of each election NATURE of qualifications:
12. Ladlad vs COMELEC- choices are not to be legally -exclusive & continuing (they must be possessed for the
prohibited merely because they are different; COMELEC entire duration of members incumbency)
refused to enlist Ladlas as party-list
- the enumeration of marginalized & under-represented RESIDENCE REQUIREMENT:
sectors is not exclusive; crucial element is not whether a Residence to be construed as domicile, not actual residence
sector is specifically enumerated, but whether a particular
organization complies with the requirements of the -How to prove intent to return? establish some degree of
Constitution and RA 7941 permanence (beach house not of that nature); intention not
to abandon/animus manendi (left place only to pursue
- governmental reliance on religious justification is studies); intent to return/animus revertendi
inconsistent with this policy of neutrality
-Separate Opinion of Justice Puno: Domicile has been defined
- As such, we hold that moral disapproval, without more, is as an individuals permanent home or the place to which
not a sufficient governmental interest to justify exclusion of whenever absent for business or for pleasure, one intends to
homosexuals from participation in the party-list system return and depends on facts and circumstances in the sense
13. Brotherhood vs COMELEC- The disqualification for failure that they disclose intent.
to get 2% party-list votes in 2 preceding elections should be -Macalintalvs COMELEC: domicile of origin is not easily lost.
understood in light of the Banat ruling that party-list groups To successfully effect a change of domicile, one must
or organizations garnering less than 2% of the party-list votes demonstrate an actual removal or an actual change of
may yet qualify for a seat in the allocation of additional seats domicile; bona fide intention of abandoning the former place
- a party-list group or organization which qualified in the of residence and establishing a new one; and acts which
second round of seat allocation cannot now validly be correspond with purpose
delisted for the reason alone that it garnered less than 2% in
the last two elections TERM VS. TENURE
Section 4 (2), No Senator shall serve for more than two
VII. QUALIFICATIONS & TERM OF OFFICE consecutive terms. Voluntary renunciation of the office for
any length of time shall not be considered as an interruption
Section 3. No person shall be a Senator unless he is a natural-
in the continuity of his service for the full term of which he
born citizen of the Philippines and, on the day of the election,
was elected
is at least thirty-five years of age, able to read and write, a
registered voter, and a resident of the Philippines for not less -Problem: When you are removed from office, can you run
than two years immediately preceding the day of the election again (making it 3rd term for senator)? if middle of term you
Section 4. The term of office of the Senators shall be six years were removed from office, will running again make it 2 terms
and shall commence, unless otherwise provided by law, at still? YES. It was interrupted. Involuntary (interrupted term is
noon on the thirtieth day of June next following their not consecutive with the next term. Only uninterrupted is
election. No Senator shall serve for more than two consecutive)
consecutive terms. Voluntary renunciation of the office for
any length of time shall not be considered as an interruption CASES:
in the continuity of his service for the full term of which he 1. Dimaporo vs. Mitra- Dimaporo was elected Rep for
was elected the 2nd LD of Lanao del Su; filed COMELEC a Certificate of
Section 6. No person shall be a Member of the House of Candidacy for the position of Regional Governor of the
Representatives unless he is a natural-born citizen of the ARMM so the HOR excluded him from the roll
Philippines and, on the day of the election, is at least twenty-
five years of age, able to read and write, and, except the Grounds by which term may be shortened:
party-list representatives, a registered voter in the district in a) Section 13, Article VI: Forfeiture of his seat by holding any
which he shall be elected, and a resident thereof for a period other office or employment in the government or any
of not less than one year immediately preceding the day of subdivision, agency or instrumentality thereof, including
the election.cralaw government-owned or controlled corporations or
Section 7. The Members of the House of Representatives subsidiaries;
shall be elected for a term of three years which shall begin, b) Section 16 (3): Expulsion as a disciplinary action for
unless otherwise provided by law, at noon on the thirtieth disorderly behavior;
day of June next following their election. No Member of the
House of Representatives shall serve for more than three c) Section 17: Disqualification as determined by resolution of
consecutive terms. Voluntary renunciation of the office for the Electoral Tribunal in an election contest; and,
any length of time shall not be considered as an interruption d) Section 7, par. 2: Voluntary renunciation of office
in the continuity of his service for the full term for which he -rather than cut short the term of office of elective public
was elected.cralaw
officials, this statutory provision seeks to ensure that such
Section 8. Unless otherwise provided by law, the regular officials serve out their entire term of office by discouraging
election of the Senators and the Members of the House of
them from running for another public office and thereby
Representatives shall be held on the second Monday of May
cutting short their tenure by making it clear that should they
fail in their candidacy, they cannot go back to their former
position
- term of office: may not be extended or shortened by the
legislature; tenure: the period during which an officer
actually holds the office may be affected by circumstances
within or beyond the power of said officer. Tenure may be
shorter than the term or it may not exist at all. These
situations will not change the duration of the term of office
-when an elective official covered thereby files a certificate of
candidacy for another office, he is deemed to have
voluntarily cut short his tenure, not his term. The term
remains and his successor, if any, is allowed to serve its
unexpired portion
2. Gaminade vs COA- term of CSC chairman & members:
appointed by the President with the consent of the COA for a
term of 7 years without reappointment
-term: the time during which the officer may claim to hold
office as of right, and fixes the interval after which the several
incumbents shall succeed one another | tenure: period of
time during which the incumbent actually holds the office
- served as de facto officer in good faith until 2000 & thus
entitled to receive her salary and other emoluments for
actual service rendered
3. Socrates vs COMELEC- recall of Socrates
- After3 consecutive terms, an elective local official cannot
seek immediate reelection for a 4th term. The prohibited
election refers to the next regular election for the same
office following the end of the third consecutive term. Any
subsequent election, like recall election, is no longer covered
by the prohibition for two reasons: a subsequent election like
a recall election is no longer an immediate reelection after3
consecutive terms; the intervening period constitutes an
involuntary interruption in the continuity of service.