PREAMBLE
Function – not a source of rights or of obligation
1. Sets down the origin, scope and purpose of the Constitution
2. Useful as aid in ascertaining ambiguous provisions in the
Constitution
3. SOURCE OF LIGHT
Origin: “sovereign Filipino people”
Scope: “to build a just and humane society…….equality and peace”
1987 “We” – stresses the active and sovereign role of the Filipino people
as author of the Constitution
1935 “The Filipino people” – 3rd person, suggests that another power was
merely announcing
1987 “Almighty God” vs 1935 “Divine Providence”
– more personal & consonant personalist Filipino religiosity
1987 “Common good” – projects social order that enables citizen attain
fullest development economically, politically, culturally & spiritually.
1935 “General Welfare” – greatest good for the greatest number
“equality” – emphasizes major problem in the PH which is the prevalence
of gross economic & political inequalities
“love” – love that prevented bloodshed in the February reveolution
“truth” – protest against deception in Marcos Regime
“peace” – fruit of the convergence of truth, justice, freedom & love
“the rule of law” – government officials have only the authority given them
by law & defined by law, and only continues with consent of the people
“Ours is a rule of law and not of men”
ARTICLE I – THE NATIONAL TERRITORY
Force of assertion of a territorial claim in a constitution:
constitution is a municipal law that binds only the nation promulgating it.
A definition of NT in the constitution will bind internationally only if
supported by proof that can stand in international law.
1935 Consti included the definition of national territory – To be effective &
accepted by US Pres, would oblige American gov’t to keep the integrity of
PH territory
Scope:
1. Philippine archipelago
2. All other territories over w/c the PH has sovereignty or jurisdiction
3. The territorial sea, the seabed, the subsoil, the insular shelves, and
other submarine areas corresponding to (1) and (2)
#1 and #2 – consists of terrestrial, fluvial, and aerial domains
Archipelago – body of water studded with islands
PH archipelago – delineated in the Treaty of Paris, modified by the Treaty
of Washington and the Treaty with Great Britain
- These are not included in 1987 Consti to erase every possible
trace of colonial history
“All other territories over w/c the PH has sovereignty or jurisdiction”
- territory w/c presently belongs or might belong in the future
to the PH through any of the internationally accepted modes
of acquiring territory
US Military bases – still part of the PH territory over w/c the gov’t exercise
sovereign control
“aerial domain, territorial sea, the seabed, the subsoil, the insular shelves
and other submarine areas” – PH lay claim to the extent recognized by Int’l
law.
“waters around, between and connecting the islands of the archipelago” –
PH claims as part of its internal waters, its one of the elements of
archipelagic principle
 straight baseline method – connects appropriate points on the
coast and divide the internal waters from territorial waters of an
archipelago
Baselines – mark the end of the internal waters and the beginning of the
territorial sea (Law of the Sea)
PH Baseline Law – RA 95222, provides for one baseline around the
archipelago and separate baselines for the “regime of islands” outside the
archipelago
ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES
- the basic ideological principles and policies that underlie the
Constitution
- shed light in the meaning of other provisions in the Consti
- Guide for all departments of the government in the
implementation of the Constitution
SECTION 1: The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government authority
emanates from them.
“state” is:
1. Community of persons more or less numerous
2. Permanently occupying a definite portion of territory
3. Independent of external control
4. Possessing an organized government to w/c the great body of
inhabitants render habitual obedience
Elements of “state”
1. People
2. Territory
3. Sovereignty
4. Government
“state” – legal concept
“nation” – ethnic concept
“people” – a community of persons sufficient in number and capable of
maintaining the continued existence of the community held together by a
common bond of law
legal “sovereignty” – supreme power to affect legal interests, it’s the
property of a state-force due to w/c it has the exclusive capacity of legal
self-determination and self-restriction
political “sovereignty” – sum total of all the influences in a state, legal and
non-legal, w/c determine the course of law
“government’ – that institution or aggregate of institutions by w/c an
independent society makes and carries out those rules of action w/c are
necessary to enable men to live in a social state
Functions (Bacani vs Nococo):
- Constituent: compulsory functions w/c constitute the very
bonds of society
- Ministrant: optional functions of government; (1) for public
welfare w/c private capital wouldn’t do (2) gov’t better
equipped to administer for public welfare
De jure government – established by authority of the legitimate sovereign
De facto government – established in defiance of the legitimate sovereign
Classifications:
1. Gov’t that gets possession & control of, or usurps, by
force or by the voice of the majority
2. Established & maintained by invading military forces
3. Established as an independent gov’t by the inhabitants
of a country (revolutionary gov’t)
“republican state” – all government authority emanates from the people
and is exercised by representatives chosen by the people
“democratic state” – a monument to the February Revolution w/c re-won
freedom through direct action of the people
state – corporate entity
government – one of the elements of state, institution through w/c state
exercise power
administration – consists of the set of people currently running the
institution, can change w/o a change in state or gov’t
SECTION 2: The Philippines renounces war as an instrument of national
policy, adopts the generally accepted principles of international law as
part of the law of the land and adheres to the policy of peace, equality,
justice, freedom, cooperation, and amity with all nations.
Aggressive war – renounced by PH, not defensive
Amity – only an ideal to be aimed at
Diplomatic recognition – a matter of executive discretion
SECTION 3: Civilian authority is, at all times, supreme over the military.
The Armed Forces of the Philippines is the protector of the people and
the State. Its goal is to secure the sovereignty of the State and the
integrity of the national territory.
Civilian officials are superior to military forces only when law makes them
so
Existence of armed forces – to secure sovereignty of the state, to preserve
the integrity of national territory, protect the people when ordinary law &
order forces need assistance
SECTION 4. The prime duty of the Government is to serve and protect the
people. The Government may call upon the people to defend the State
and, in the fulfillment thereof, all citizens may be required, under
conditions provided by law, to render personal military or civil service.
SECTION 5. The maintenance of peace and order, the protection of life,
liberty, and property, and the promotion of the general welfare are
essential for the enjoyment by all the people of the blessings of
democracy.
Section 5 & 6 – give emphasis on service to and protection of the people
“under conditions provided by law” – emphasizes the primacy of serving
the interest of the people and protecting their rights even when there is
need to defend the state.
SECTION 6. The separation of Church and State shall be inviolable.
STATE POLICIES
SECTION 7. The State shall pursue an independent foreign policy. In its
relations with other states the paramount consideration shall be national
sovereignty, territorial integrity, national interest, and the right to self-
determination.
*Provisions protecting rights in Article II – are not self-executing
provisions, need implementing acts of Congress
SECTION 8. The Philippines, consistent with the national interest, adopts
and pursues a policy of freedom from nuclear weapons in its territory.
- Prohibition on possession, control, manufacture of nuclear
weapons, and nuclear arms tests
- Does not prohibit peaceful uses of nuclear energy
- Exception: only when consistent with the national interest
SECTION 9: The State shall promote a just and dynamic social order that
will ensure the prosperity and independence of the nation and free the
people from poverty through policies that provide adequate social
services, promote full employment, a rising standard of living, and an
improved quality of life for all.
SECTION 10: The State shall promote social justice in all phases of
national development.
Social justice – equalization of economic, political and social opportunities
with special emphasis on the duty of the state to tilt balance of social
forces by favoring the disadvantaged in life.
SECTION 11: The State values the dignity of every human person and
guarantees full respect for human rights.
SECTION 12: The State recognizes the sanctity of family life and shall
protect and strengthen the family as a basic autonomous social
institution. It shall equally protect the life of the mother and the life of
the unborn from conception. The natural and primary right and duty of
parents in the rearing of the youth for civic efficiency and the
development of moral character shall receive the support of the
Government.
“family” – stable heterosexual relationship
SECTION 13: The State recognizes the vital role of the youth in nation-
building and shall promote and protect their physical, moral, spiritual,
intellectual, and social well-being. It shall inculcate in the youth
patriotism and nationalism, and encourage their involvement in public
and civic affairs.
SECTION 14: The State recognizes the role of women in nation-building,
and shall ensure the fundamental equality before the law of women and
men.
- law to ignore sex where sex is not relevant factor in
determining rights and duties, nor is the provision meant to
ignore customs and traditions
SECTION 15: The State shall protect and promote the right to health of
the people and instill health consciousness among them.
SECTION 16: The State shall protect and advance the right of the people
to a balanced and healthful ecology in accord with the rhythm and
harmony of nature.
SECTION 17: The State shall give priority to education, science and
technology, arts, culture, and sports to foster patriotism and nationalism,
accelerate social progress, and promote total human liberation and
development.
- Does not mean that the gov’t is not free to balance demands
of education against other competing and urgent demands
SECTION 18: The State affirms labor as a primary social economic force. It
shall protect the rights of workers and promote their welfare.
Social economic force – human factor has primacy over the non-
human factors in production
SECTION 19: The State shall develop a self-reliant and independent
national economy effectively controlled by Filipinos.
SECTION 20: The State recognizes the indispensable role of the private
sector, encourages private enterprise, and provides incentives to needed
investments.
SECTION 21: The State shall promote comprehensive rural development
and agrarian reform.
“comprehensive rural development” – only only agrarian reforms
but also broad spectrum of social, economic, human, cultural,
political and industrial development.
SECTION 22: The State recognizes and promotes the rights of indigenous
cultural communities within the framework of national unity and
development.
SECTION 23: The State shall encourage non-governmental, community-
based, or sectoral organizations that promote the welfare of the nation.
SECTION 24: The State recognizes the vital role of communication and
information in nation-building.
SECTION 25: The State shall ensure the autonomy of local governments.
SECTION 26: The State shall guarantee equal access to opportunities for
public service, and prohibit political dynasties as may be defined by law.
- equalization of political opportunities
SECTION 27: The State shall maintain honesty and integrity in the public
service and take positive and effective measures against graft and
corruption.
SECTION 28: Subject to reasonable conditions prescribed by law, the
State adopts and implements a policy of full public disclosure of all its
transactions involving public interest.
ARTICLE VI – THE LEGESLATIVE DEPARTMENT
SECTION 1: The legislative power shall be vested in the Congress of the
Philippines which shall consist of a Senate and a House of
Representatives, except to the extent reserved to the people by the
provision on initiative and referendum.
Legislative power – authority to make, alter, repeal laws. Vested in the
Congress of the Philippines
Congress – consists of a SENATE and HOUSE OF REPRESENTATIVES
2 kinds of legislative power in republican system:
1. Original – possessed by sovereign people
2. Derivative – delegated by the sovereign people
Classifications of legislative power:
1. Constituents – power to amend or revise the Constitution
2. Ordinary – power to pass ordinary laws
Kinds of limits on legislative power:
1. Substantive – contents of law (example: no law may be passed w/c
impairs freedom of speech)
2. Procedural – manner of passing laws (example: bill must be
approved to become a law)
Irrepealable laws – limit the power of future legislatures
Power delegated to administrative agencies – not law making power, only
rule-making power or law execution
Delegating laws must:
1. Be complete in itself – set forth the policies that must be carried
out
2. Fix a standard – the limits of which are sufficiently determinate or
determinable
Quasi-legislative and quasi-judicial power – with administrative bodies’
specialization in particular fields assigned to them, they can deal with
problems with more expertise
Administrative agencies may have the force of penal law provided that the
ff conditions concur:
1. The delegating statute itself specifically authorize the
promulgation of penal regulations
2. Penalty must not be left to the admin agency, (must be provided
by the statute itself)
3. The regulation must be published in the official gazette or a
newspaper of general circulation
SECTION 2: The Senate shall be composed of twenty-four Senators who
shall be elected at large by the qualified voters of the Philippines, as may
be provided by law.
SECTION 3: No person shall be a Senator unless
1. he is a natural-born citizen of the Philippines, and,
2. on the day of the election, is at least thirty-five years of age,
3. able to read and write,
4. a registered voter, and
5. a resident of the Philippines for not less than two years
immediately preceding the day of the election.
SECTION 4: The term of office of the Senators shall be six years and shall
commence, unless otherwise provided by law, at noon on the thirtieth
day of June next following their election.
No Senator shall serve for more than two consecutive terms. Voluntary
renunciation of the office for any length of time shall not be considered
as an interruption in the continuity of his service for the full term for
which he was elected.
- may serve more than 2 terms provided terms are not
consecutive
SECTION 5. (1) The House of Representatives shall be composed of not
more than two hundred and fifty members, unless otherwise fixed by
law, who shall be elected from legislative districts apportioned among
the provinces, cities, and the Metropolitan Manila area in accordance
with the number of their respective inhabitants, and on the basis of a
uniform and progressive ratio, and those who, as provided by law, shall
be elected through a party-list system of registered national, regional,
and sectoral parties or organizations.
(2) The party-list representatives shall constitute twenty per centum of
the total number of representatives including those under the party list.
For three consecutive terms after the ratification of this Constitution,
one-half of the seats allocated to party-list representatives shall be filled,
as provided by law, by selection or election from the labor, peasant,
urban poor, indigenous cultural communities, women, youth, and such
other sectors as may be provided by law, except the religious sector.
(3) Each legislative district shall comprise, as far as practicable,
contiguous, compact and adjacent territory. Each city with a population
of at least two hundred fifty thousand, or each province, shall have at
least one representative.
(4) Within three years following the return of every census, the Congress
shall make a reapportionment of legislative districts based on the
standards provided in this section.
District representative – representing congressional district
Party-list representative – elected through party-list system; a registered
national, regional, and sectoral parties or organizations
Guidelines for the COMELEC to apply:
1. must represent marginalized or underrepresented
2. political parties who wish to participate must comply with this
policy
3. religious sector may not be represented
4. party/ organization must not be disqualified under Section VI of RA
7941 (foreign party, advocates violence, religious sect, ceased to
exist for 1yr, receives support from foreign party, fails to comply
with laws & RR of election, declares untruthful statement in its
petition, not a 2-percenter)
5. party/organization must not be an adjustment of or a project
organized by the government
6. its nominees must likewise comply w/ the requirements of the law
7. nominees must be able to contribute to the formulation and
enactment of legislation that will benefit the nation
COMELEC – determines qualification of party to participate in party-list
system, not subject to review for certiorari
Requirements of party-list nominees: (*religious nominee may be elected)
1. natural born Filipino citizen
2. registered voter
3. resident of PH not less that 1 year preceding the day of election
4. able to read & write
5. bona fide member of party/organization w/c he seeks to represent
for atleast 90 days preceding the day of election
6. atleast 25 years of age on the day of the election (for youth sector
must not be more than 30 years of age
Veterans Federation Party et al vs COMELEC
- 20% not mandatory
- 2% mandatory
Banat vs COMELEC
- 20% mandatory
- 2% declared unconstitutional
*Only Congress can create provinces and cities as it necessarily includes
the creation of legislative districts – power only Congress can exercise
*Every province = 1 legislative district
*Creation of legislative district – no need for confirmation by plebiscite
*Gerrymandering – the formation of one legislative district out of separate
territories for the purpose of favoring a candidate or a party (NOT
ALLOWED)
SECTION 6: No person shall be a Member of the House of
Representatives unless
1. he is a natural-born citizen of the Philippines and,
2. on the day of the election, is at least twenty-five years of age,
3. able to read and write, and,
except the party-list representatives,
4. a registered voter in the district in which he shall be elected, and
5. a resident thereof for a period of not less than one year
immediately preceding the day of the election.
“domicile” – once established is considered to continue and will not be
deemed lost until new one is established; requires not just bodily presence
but also a declared and probable intent to make it one’s fixed and
permanent place of abode
To effect a change of domicile:
1. one must demonstrate an actual removal or an actual change of of
domicile
2. a bona fide intention of abandoning the former place of residence
3. establishing a new one and definite acts which correspond with
the purpose
“residence” – not just a temporary residence but a domicile as identified in
jurisprudence; requires bodily presence in a given place
SECTION 7: The Members of the House of Representatives shall be
elected for a term of three years which shall begin, unless otherwise
provided by law, at noon on the thirtieth day of June next following their
election.
No member of the House of Representatives shall serve for more than
three consecutive terms. Voluntary renunciation of the office for any
length of time shall not be considered as an interruption in the continuity
of his service for the full term for which he was elected.
Term – period during w/c is entitled to hold office; chang ed only by
amendment
Tenure – period during w/c official actually holds the office; can be
shortened
SECTION 8: Unless otherwise provided by law, the regular election of the
Senators and the Members of the House of Representatives shall be held
on the second Monday of May.
SECTION 9: In case of vacancy in the Senate or in the House of
Representatives, a special election may be called to fill such vacancy in
the manner prescribed by law, but the Senator or Member of the House
of Representatives thus elected shall serve only for the unexpired term.
“in the manner prescribed by law” – special election is not mandatory, its
left to the discretion of Congress
SECTION 10: The salaries of Senators and Members of the House of
Representatives shall be determined by law. No increase in said
compensation shall take effect until after the expiration of the full term
of all the Members of the Senate and the House of Representatives
approving such increase.
- 240k/ annum
- increase can only take effect after the term
- emoluments may be tacked on during the term
SECTION 11: A Senator or Member of the House of Representatives shall,
in all offenses punishable by not more than six years imprisonment, be
privileged from arrest while the Congress is in session. No Member shall
be questioned nor be held liable in any other place for any speech or
debate in the Congress or in any committee thereof.
- Purpose is to protect legislator against harassment that w/c
will keep him away from legislative sessions
- Privilege of speech: intended to leave legislator unimpeded in
the performance of his duties and free from fear of
harassment outside
SECTION 12: All Members of the Senate and the House of
Representatives shall, upon assumption of office, make a full disclosure
of their financial and business interests. They shall notify the House
concerned of a potential conflict of interest that may arise from the filing
of a proposed legislation of which they are authors.
SECTION 13: No Senator or Member of the House of Representatives may
hold any other office or employment in the Government, or any
subdivision, agency, or instrumentality thereof, including government-
owned or controlled corporations or their subsidiaries, during his term
without forfeiting his seat. Neither shall he be appointed to any office
which may have been created or the emoluments thereof increased
during the term for which he was elected.
- Incompatible office (1st sentence)
- Forbidden office (2nd sentence)
SECTION 14: No Senator or Member of the House of Representatives may
personally appear as counsel before any court of justice or before the
Electoral Tribunals, or quasi-judicial and other administrative bodies.
Neither shall he, directly or indirectly, be interested financially in any
contract with, or in any franchise or special privilege granted by the
Government, or any subdivision, agency, or instrumentality thereof,
including any government-owned or controlled corporation, or its
subsidiary, during his term of office. He shall not intervene in any matter
before any office of the Government for his pecuniary benefit or where
he may be called upon to act on account of his office.
- Prohibition is personal, not applicable to lawyer-congressmen
SECTION 15: The Congress shall convene once every year on the fourth
Monday of July for its regular session, unless a different date is fixed by
law, and shall continue to be in session for such number of days as it may
determine until thirty days before the opening of its next regular session,
exclusive of Saturdays, Sundays, and legal holidays. The President may
call a special session at any time.
SECTION 16:
(1) The Senate shall elect its President and the House of Representatives
its Speaker, by a majority vote of all its respective Members.
Each House shall choose such other officers as it may deem necessary.
(2) A majority of each House shall constitute a quorum to do 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 may provide.
(3) Each House may determine the rules of its proceedings, punish its
Members for disorderly behavior, and, with the concurrence of two-
thirds of all its Members, suspend or expel a Member. A penalty of
suspension, when imposed, shall not exceed sixty days.
(4) Each House shall keep a Journal of its proceedings, and from time to
time 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 one-fifth of the Members present, be entered in the
Journal.
Each House shall also keep a Record of its proceedings.
(5) Neither House during the sessions of the Congress shall, without the
consent of the other, adjourn for more than three days, nor to any other
place than that in which the two Houses shall be sitting.
Officers of Congress:
1. Senate President
2. Speaker of the House of Representatives
3. Such other officers as each House may deem necessary
*It’s within the power & jurisdiction of the court to inquire whether the
senate or its officials committed a violation of the constitution or gravely
abused their discretion in the exercise of their functions & prerogatives
existence of quorum based on – the proportion between those physically
present and the total membership of the body
Disciplinary action taken by congress – not subject to judicial review
Courts can intervene in the implementation of the rules of either house –
only when rule affects private rights
Purpose as to why journals should be kept:
1. To insure publicity to the proceedings of the legislature and a
correspondent responsibility of the members to their respective
constituents
2. To provide proof of what actually transpired in the legislature
Matters that Congress may keep out of Journal – as may in the congress’
judgment, affect national security
When journal conflicts with extraneous evidence, Journal is conclusive to
upon the courts
Enrolled bill doctrine – signing of the bill by the Speaker of the House and
Senate president; the certification by the secretaries of the both houses of
the Congress that such bill was passed are conclusive of its due enactment
SECTION 17: The Senate and the House of Representatives shall each
have an Electoral Tribunal which shall be the sole judge of all contests
relating to the election, returns, and qualifications of their respective
Members. Each Electoral Tribunal shall be composed of nine Members,
three of whom shall be Justices of the Supreme Court to be designated
by the Chief Justice, and the remaining six shall be Members of the
Senate or the House of Representatives, as the case may be, who shall be
chosen on the basis of proportional representation from the political
parties and the parties or organizations registered under the party-list
system represented therein. The senior Justice in the Electoral Tribunal
shall be its Chairman.
 - HRET has jurisdiction when candidate has been proclaimed,
taken his oath and assumed office as member of HOR; also
decides qualification of party-list representative
SECTION 18: There shall be a Commission on Appointments consisting of
the President of the Senate, as ex officio Chairman, twelve Senators and
twelve Members of the House of Representatives, elected by each House
on the basis of proportional representation from the political parties and
parties or organizations registered under the party-list system
represented therein. The Chairman of the Commission shall not vote,
except in case of a tie. The Commission shall act on all appointments
submitted to it within thirty session days of the Congress from their
submission. The Commission shall rule by a majority vote of all the
Members.
- COA acts as a legislative check on the appointing authority of
the President
- Doctrine of checks and balance
SECTION 19: The Electoral Tribunals and the Commission on
Appointments shall be constituted within thirty days after the Senate
and the House of Representatives shall have been organized with the
election of the President and the Speaker. The Commission on
Appointments shall meet only while the Congress is in session, at the call
of its Chairman or a majority of all its Members, to discharge such
powers and functions as are herein conferred upon it.
SECTION 20: The records and books of accounts of the Congress shall be
preserved and be open to the public in accordance with law, and such
books shall be audited by the Commission on Audit which shall publish
annually an itemized list of amounts paid to and expenses incurred for
each Member.
SECTION 21: The Senate or the House of Representatives or any of its
respective committees may conduct inquiries in aid of legislation in
accordance with its duly published rules of procedure. The rights of
persons appearing in or affected by such inquiries shall be respected.
- Anyone except the President and Justices of the SC may be
summoned
Power of inquiry – an essential and appropriate auxiliary to the legislative
function as a legislative body cannot legislate wisely or effectively in the
absence of information; and where the legislative does not possess the
requisite information, recourse must be had to others who do possess it.
*Power of investigation necessarily includes the power to punish a
contumacious witness for contempt.
- punished only when the witness is required in a matter into w/c the
legislature or any of its committees has jurisdiction to inquire
- the requirement that the investigation be “in aid of legislation” is
essential element for establishing the jurisdiction of the legislative body
*The court has no authority to prohibit the Committee from requiring
respondent to appear and testify before it
*Inherent power of congress to punish – is a matter of self-preservation of
one of the 3 independent branches of gov’t and cannot be applied/claimed
to/by local legislative body.
SECTION 22. The heads of departments may upon their own initiative,
with the consent of the President, or upon the request of either House,
as the rules of each House shall provide, appear before and be heard by
such House on any matter pertaining to their departments. Written
questions shall be submitted to the President of the Senate or the
Speaker of the House of Representatives at least three days before their
scheduled appearance. Interpellations shall not be limited to written
questions, but may cover matters related thereto. When the security of
the State or the public interest so requires and the President so states in
writing, the appearance shall be conducted in executive session.
- function of sec22: formalizes “oversight function”
- does not provide “question hour” as it has made the appearance of
department heads voluntary
SECTION 23. (1) The Congress, by a vote of two-thirds of both Houses in
joint session assembled, voting separately, shall have the sole power to
declare the existence of a state of war.
(2) In times of war or other national emergency, the Congress may, by
law, authorize the President, for a limited period and subject to such
restrictions as it may prescribe, to exercise powers necessary and proper
to carry out a declared national policy. Unless sooner withdrawn by
resolution of the Congress, such powers shall cease upon the next
adjournment thereof.
- “the sole power to declare the existence of a state of war”
- while the constitution gives to the legislature the power to declare the
existence of war..the actual power to make war is lodged in the executive
power, which holds the sword of the nation, when necessary may make
war even in the absence of declaration of war
Emergency power that may be delegated – EP can include the power to
rule by “executive fiat”
SECTION 24. All appropriation, revenue or tariff bills, bills authorizing
increase of the public debt, bills of local application, and private bills
shall originate exclusively in the House of Representatives, but the
Senate may propose or concur with amendments.
SECTION 25. (1) The Congress may not increase the appropriations
recommended by the President for the operation of the Government as
specified in the budget. The form, content, and manner of preparation of
the budget shall be prescribed by law.
(2) No provision or enactment shall be embraced in the general
appropriations bill unless it relates specifically to some particular
appropriation therein. Any such provision or enactment shall be limited
in its operation to the appropriation to which it relates. (rider)
(3) The procedure in approving appropriations for the Congress shall
strictly follow the procedure for approving appropriations for other
departments and agencies.
(4) A special appropriations bill shall specify the purpose for which it is
intended, and shall be supported by funds actually available as certified
by the National Treasurer, or to be raised by a corresponding revenue
proposed therein.
(5) No law shall be passed authorizing any transfer of appropriations;
however, the President, the President of the Senate, the Speaker of the
House of Representatives, the Chief Justice of the Supreme Court, and
the heads of Constitutional Commissions may, by law, be authorized to
augment any item in the general appropriations law for their respective
offices from savings in other items of their respective appropriations.
(6) Discretionary funds appropriated for particular officials shall be
disbursed only for public purposes to be supported by appropriate
vouchers and subject to such guidelines as may be prescribed by law.
(7) If, by the end of any fiscal year, the Congress shall have failed to pass
the general appropriations bill for the ensuing fiscal year, the general
appropriations law for the preceding fiscal year shall be deemed
reenacted and shall remain in force and effect until the general
appropriations bill is passed by the Congress.
SECTION 26. (1) Every bill passed by the Congress shall embrace only one
subject which shall be expressed in the title thereof.
(2) No bill passed by either House shall become a law unless it has passed
three readings on separate days, and printed copies thereof in its final
form have been distributed to its Members three days before its passage,
except when the President certifies to the necessity of its immediate
enactment to meet a public calamity or emergency. Upon the last
reading of a bill, no amendment thereto shall be allowed, and the vote
thereon shall be taken immediately thereafter, and the yeas and nays
entered in the Journal.
- Rule on title & subject of bills: mandatory and not directory; compliances
to it is essential to the validity of legislation
- purpose of this provision are:
1. prevent hodge-podge (confusion) or log-rolling legislation
2. prevent surprise or fraud upon the legislature by means of
provisions in bills of which the titles gave no info and w/c might therefore
be overlooked and carelessly and unintentionally adopted.
3. to fairly appraise the people, in order that they may have
opportunity of being heard thereon by petition or otherwise if they shall
so desire
- Rule must be interpreted liberally; “should be given a practical rather
than technical construction”
SECTION 27. (1) Every bill passed by the Congress shall, before it becomes
a law, be presented to the President. If he approves the same, he shall
sign it; otherwise, he shall veto it and return the same with his objections
to the House where it originated, which shall enter the objections at
large in its Journal and proceed to reconsider it. If, after such
reconsideration, two-thirds of all the Members of such House shall agree
to pass the bill, it shall be sent, together with the objections, to the other
House by which it shall likewise be reconsidered, and if approved by two-
thirds of all the Members of that House, it shall become a law. In all such
cases, the votes of each House shall be determined by yeas or nays, and
the names of the Members voting for or against shall be entered in its
Journal. The President shall communicate his veto of any bill to the
House where it originated within thirty days after the date of receipt
thereof; otherwise, it shall become a law as if he had signed it.
(2) The President shall have the power to veto any particular item or
items in an appropriation, revenue, or tariff bill, but the veto shall not
affect the item or items to which he does not object.
- yeas and nays of members are taken every time a House has to vote
when:
1. upon the last reading and third readings of a bill
2. at the request of 1/5 of the members present
3. in repassing a bill over the veto of the President
- “conference committee”: consist of members nominated from both
Houses; function is to propose to Congress ways to reconcile conflicting
provisions found in the Senate version and in the House version of bill.
Bill vetoed by President may still become a law when:
1. After such reconsideration, 2/3 of all the members of such House
shall agree to pass the bill, it shall be sent together with objection
to the other House
2. Other House will reconsider and if approved by 2/3 of all the
members of that House…it shall become a LAW.
3. Votes of each Houses shall be determined by yeas and nays &
names of members voting for/against shall be entered in its
Journal
*As a general rule, if the president disapproves a bill approved by
Congress, he should veto the entire bill, he’s not allowed to veto separate
items. EXCEPT in cases of appropriation, revenue, and tariff bills that he is
authorized to exercise item-veto.
Invalid veto – President did not act on the bill at all. Hence, bill becomes a
law by executive inaction.
Bicameral system – bills are independently processed by both Houses of
Congress
Conference committee – consisting of members nominated from both
Houses, is an extra-constitutional creation of Congress whose function is
to propose to congress ways to reconcile conflicting provisions found in
Senate and HOR version.
Doctrine of Inappropriate Provision – A provision that is constitionally
inappropriate for an appropriation bill may be singled out for veto even if
it is not an appropriation or revenue “item”. In essence, it means that the
President may veto “riders” in an appropriation bill.
Executive impoundment – another way of exercising executive veto;
Impoundment means refusal of the President to spend funds already
allocated by Congress for a specific purpose
SECTION 28. (1) The rule of taxation shall be uniform and equitable. The
Congress shall evolve a progressive system of taxation.
(2) The Congress may, by law, authorize the President to fix within
specified limits, and subject to such limitations and restrictions as it may
impose, tariff rates, import and export quotas, tonnage and wharfage
dues, and other duties or imposts within the framework of the national
development program of the Government.
(3) Charitable institutions, churches and parsonages or convents
appurtenant thereto, mosques, non-profit cemeteries, and all lands,
buildings, and improvements, actually, directly, and exclusively used for
religious, charitable, or educational purposes shall be exempt from
taxation. (property tax only)
(4) No law granting any tax exemption shall be passed without the
concurrence of a majority of all the Members of the Congress.
Purpose of Power to Tax:
- To raise revenue
 - Recognized as an instrument of national economic and social
policy
- Justice Marshall: “power to tax involves the power to destroy”
- US Supreme Court: “the power to keep alive”
- Limitation: power to tax exists for the general welfare. Hence,
implicit in the power is the limitation that it should be
exercised only for a public purpose.
UNIFORM AND EQUITABLE
“uniform”
- Uniformity in the Philippine Constitution in the same ways as
uniformity in the American Constitution
- Churchill vs Concepcion: uniformity in the Constitution signify
geographic uniformity; A tax is uniform when it operates with
the same force and effect in every place where the subject of
it is found
- Philippine Jurisprudence: uniformity is interpreted as
equivalent to the requirement of valid classification under the
equal protection clause (pepsi vs city of butuan)
“equitable”
- Notion of equitable taxation exclude oppressiveness
Tan vs del Rosario on:
Equitable tax – Power to tax cannot override Constitutional prescriptions
Uniformity – it means that:
1. Standards used are substantial not arbitrary
2. Categorization is germane to achieve legislative purpose
3. Law applies, all things being equal, to both present and future
conditions
4. Classification applies equally well to all those belonging to the
same class
The State, through the legislative and executive branch, exercise its
sovereign prerogative as it is inherent in the power to tax that the State be
free to select the subjects of taxation
Progressive system of taxation – progressive when the rate increases as
the tax base increases; power of taxation must be an instrument for a
more equitable distribution of wealth
Power to tax can be delegated
- Delegation is authorized by the constitution itself; By the
Congress to Executive
- Constitution grants Congress to impose restrictions and
limitations on the taxation power delegated to the president
SECTION 29. (1) No money shall be paid out of the Treasury except in
pursuance of an appropriation made by law.
(2) No public money or property shall be appropriated, applied, paid, or
employed, directly or indirectly, for the use, benefit, or support of any
sect, church, denomination, sectarian institution, or system of religion, or
of any priest, preacher, minister, or other religious teacher, or dignitary
as such, except when such priest, preacher, minister, or dignitary is
assigned to the armed forces, or to any penal institution, or government
orphanage or leprosarium.
(3) All money collected on any tax levied for a special purpose shall be
treated as a special fund and paid out for such purpose only. If the
purpose for which a special fund was created has been fulfilled or
abandoned, the balance, if any, shall be transferred to the general funds
of the Government.
Congress – has control of the expenditure of public funds
Pork Barrel – congress itself has specified the uses of the funds and the
power given to the officials was merely recommendatory to the President
who could approve or disapprove the recommendation. Court parised the
scheme as “imaginative” and “innovative”.
SECTION 30. No law shall be passed increasing the appellate jurisdiction
of the Supreme Court as provided in this Constitution without its advice
and concurrence.
Congress may increase appellate jurisdiction of the Supreme Court only
with advice and concurrence of the SC itself. Purpose of this is to prevent
the overburdening of the SC.
SECTION 31. No law granting a title of royalty or nobility shall be
enacted.

Reason behind: “This may truly be denominated the cornerstone of

republican government; for so long as they are excluded there can never
be serious danger that the government will be any other than of the
people”

SECTION 32. The Congress shall, as early as possible, provide for a system
of initiative and referendum, and the exceptions therefrom, whereby the
people can directly propose and enact laws or approve or reject any act
or law or part thereof passed by the Congress or local legislative body
after the registration of a petition therefor signed by at least ten per
centum of the total number of registered voters, of which every
legislative district must be represented by at least three per centum of
the registered voters thereof.

Congress has no exclusive right to pass national legislation, Section 23 has

the concept of “initiative and referendum” whereby people themselves
can legislate.