MATEO NOTES Constitutional Law 1

Constitutional Law I Mary Evielyn N.
Mateo
Atty. Antonio Nachura, Jr. San Beda Law
Part I - Introduction founded, and regulates the division and exercise of

sovereign powers. (Justice Cooley)
1. Define Political Law
Political Law is that branch of public law which deals 4. Define the Constitution of the Philippines
with the organization and operations of the The Constitution of the Philippines is a written instrument
governmental organs of the State and defines the enacted by the direct action of the people by which
relations of the State with the inhabitants of its territory. the fundamental powers of the government are
(People vs. Perfecto) established, limited and defined, and by which those
powers are distributed among the several departments
Scope of Political Law
for their safe and useful exercise, for the benefit of the
a. Constitutional Law
body politic.
b. Administrative Law
c. Election Law
5. What are the classifications of Constitution?
d. Law of Public Officers
a. Cumulative – resulted from a political evolution
e. Law on Municipal Corporation
across several years
Constitutional Law Conventional – enacted by a constituent body
- the study of the structure and powers of the b. Written – embodied in set of documents
Government of the Philippines. Unwritten – embodied in our culture, customs,
- deals with the basic concepts of Political Law – nature traditions, statutes, judicial decisions,
of the state, supremacy of the constitution, separation commentaries
of powers, rule of majority c. Rigid – can be amended by special legislative
proceedings
Sources of Political Law Flexible – can be amended by ordinary
a. 1987 Constitution legislative proceedings
b. 1935 and 1973 Constitution
c. Statutes, Executive Orders, Decrees, Judicial Decisions What is the nature of our Constitution?
d. American Constitution and Jurisprudence
It is rigid because it can only be amended by strictly
e. Organic laws during the American occupation
following the provisions of Article XVII. It is written
because it is embodied in a single document. It is
2. Differentiate Municipal Law from Political Law
conventional because it is formally “struck off” at a
3. Define the Constitution
definite time and place following a conscious effort
It is the fundamental organic law of a State which
taken by a constituent body.
contains the principles on which government is
Constitutional Law I Mary Evielyn N. Mateo
Advantage of the Constitution – permanence; c. 1986 Freedom Constitution

capacity to resist capricious change d. 1987 Constitution
Disadvantage of the Constitution – unable to adjust to
the genuine need for change 7. What was the constitution governing the Philippines
before 1935? Why was in not recognized or considered
When was the Philippine Constitution enacted? valid?
 February 2, 1987 as pronounced by the The Constitution governing the Philippines before 1935
Supreme Court in the case of De Leon vs. was the Malolos Constitution. It was not recognized as
Esguerra. constitution because during those times the Philippines
is not an independent country.
Parts of the Constitution
a. Constitution of Government - provides for the
8. How do you propose amendments to the Constitution?
organization of government, and enumerates the
(Article 17)
powers of the same (general governmental
a. By the Congress, upon a vote of three-fourths
framework)
(3/4) of all its members/through the Congress
b. Constitution of Liberty - provides for the civil and
acting as a constituent assembly; [Article 17,
political rights of citizens and the limitations on the
Section 1(1)]
powers of government to secure those rights.
*each house may separately formulate
c. Constitution of Sovereignty – provides ways of
amendments by a vote of 3/4s of all its
amending the constitution
members, and then pass it on to the other
Interpretation of the Consitution house for a similar process*
a. Verba legis – words used in the Constitution must be b. By a constitutional convention; or [Article 17,
given their ordinary meaning Section 1(2)]
b. Ratio legis et anima – the words of the constitution *2/3 vote of Congress or majority vote of
should be interpreted in accordance with the intent registered voters*
of the framers c. Direct proposal by the people through
c. Ut magis valeat quam pereat – the Constitution has initiative/people’s initiative [Article 17, Section 2]
to be interpreted as a whole Requisites:
12% vote- total national registered voters
6. What were the constitutions of the Philippines? 3% vote – total legislative district registered
a. 1935 Commonwealth Constitution voters
b. 1973 Martial Law Constitution
d. Once every 5 years, no amendment 5 years - There is also revision if the change alters the substantial
following the ratification of the Constitution entirety of the Constitution, as when the change
Enabling law from the Congress affects substantial provisions of the Constitution
9. How do you propose revisions to the Constitution? 12. What are the two tests to determine whether the
a. By the Congress, upon a vote of three-fourths proposal is an amendment or revision? (Lambino vs.
(3/4) of all its members/through the Congress COMELEC)
acting as a constituent assembly; or [Article 17,
Section 1(1)] Quantitative Test
b. By a constitutional convention which is called - Whether the proposed amendment is so extensive in its
by two-thirds (2/3) vote of all the members of provisions as to change directly the substance entirety
the Congress, or by a majority vote of all the of the constitution by the delegation or alteration of
members of the Congress in case the question numerous provisions.
of calling such a convention is submitted to the - The court examines only the number of provisions
electorate [Article 17, Section 3] affected
- Does not consider the degree of changes
10. What is an amendment? (Lambino vs. COMELEC)
Qualitative Test
- It refers to isolated or piecemeal change in the
Constitution. - Whether the change will accomplish such far reaching
- Amendment broadly refers to a change that adds, changes in the nature of our basic governmental plan
reduces, or deletes without altering the basic principle as to amount to a revision
involved
- Amendment generally affects only the specific Should both the tests be present to determine whether
provision being amended. the proposal is an amendment or revision?
Yes. There are instances when the entirety of the

11. What is a revision? (Lambino vs. COMELEC)
Constitution will be changed even if there is only a two-
- It is a revamp or rewriting of the whole Constitution.
word change in cases of amendment of provisions
- Revision generally affects several provisions of the
about system of government/structure of government.
Constitution Revision broadly implies a change that
alters a basic principle in the Constitution, like altering 13. Why can the people only propose amendments and
the principle of separation of powers or the system of not revision? (Lambino vs. COMELEC)
checks-and-balances. The framers of the Constitution intended, and wrote,
that only Congress or a constitutional convention may
propose revisions to the Constitution. The framers 15. What is the difference between the law-making powers
intended, and wrote, that a people’s initiative may of Congress from its constituent powers?
propose only amendments to the Constitution. Where
the intent and language of the Constitution clearly The word “constituent” means citizens. The power to
withhold from the people the power to propose amend the Constitution is not inherent in the Congress.
revisions to the Constitution, the people cannot It is inherent in the people. However, by express
propose revisions even as they are empowered to provision of the Constitution, the people (who, in the
propose amendments. first place, made the Constitution) gave the Congress
the power to amend. Hence, the Congress is not acting
14. In People’s initiative, what should be included in the in its ordinary capacity to legislate, but as people
petition? themselves.
a. Petition
Doctrine of Fair and Proper Submission
b. Full text of the proposed amendments which must
- A plebiscite may be held on the same day as regular
be embodied in number 1 or at least attached
election provided the people are sufficiently informed
thereto and such fact of attachment is stated in the
of the amendments to be voted upon, to
petition
conscientiously deliberate thereon, and to express their
c. Twelve percent (12%) of total registered voters;
will in a genuine manner. (Gonzales vs. COMELEC)
three percent (3%) of registered voters in each
- Submission of piece-meal amendments is
representative district/legislative district
unconstitutional. All the amendments (as a whole) must
d. Authentication of the signatures by the Commission
be submitted for ratification at one plebiscite only.
on Elections (COMELEC)
(Tolentino vs. COMELEC)
e. Amendment, not revision
f. Once every five (5) years
Ratification [Article 17, Section 4]
g. Enabling law from the Congress
- After submission, the proposed changes shall be valid
h. Must contain only one topic (Hodgepodge or log-
when ratified by the majority votes cast in a plebiscite.
rolling is not allowed. The proposed amendment
- 60-90 DAY RULE
must embrace only one topic because if it contains
 No election shall be held within 60 days from the
two topics, the people will be forced to accept two
submission of the proposal
changes even if they do not want the other.)
 No election shall be held after 90 days from the
submission of the proposal
 Thus, election will be held on the 61st to the 90th
day only
provisions, it will alter the basic principle of the

16. What are the 3 theories of Constitutional Convention? Constitution
a. Theory of Conventional Sovereignty – the 22. Reducing the number of judges – Amendment
Constitutional Convention is supreme over the 23. Change the government to monarchy – Revision; The
other departments of the government because entirety of the Constitution will be changed even if
the powers it exercises are in the nature of there is only a two-word change in cases of
sovereign powers amendment of provisions about system of
b. the Constitutional Convention is inferior to the government/structure of government
other departments of the government since it is
merely a creation of the legislature
c. the Constitutional Convention is considered Part II – Concept of the State
independent of and co-equal with the other
1. What is a state? (Garner, Intro to Political Science)
departments of the government
It is a community of persons, more or less numerous,
17. What are the requisites for judicial review of
permanently occupying a definite territory, having
amendments?
government of its own, where a great body of
Manner of making the proposal / prescribed procedure
inhabitants render habitual obedience and enjoying
a. WON proposal was approved by the required
freedom from external control.
number of votes of Congress
b. WON the approved proposals were properly
Elements of a state:
submitted to the people for ratification
a. People – refers simply to the inhabitants of the
c. WON the proposals were ratified by majority of
State
the votes cast in a plebiscite called for the
b. Territory – Fixed portion of the surface of the
purpose
earth inhabited by the people of the State
Amendment or Revision? c. Government – agency or instrumentality
through which the will of the State is formulated,
18. Removing women’s right to suffrage – expressed and realized
19. Reducing voting age – Amendment d. Sovereignty – the supreme and uncontrollable
20. Rejecting general principles of international law – power inherent in a State by which that State is
Revision governed
21. To include disputed islands in the territory and To e. High degree of civilization
reduce the territory – Revision; it will affect many f. Recognition of other states
bound by common social origin, language, customs

2. Distinguish state from a nation. and traditions.
STATE NATION
Political/Legal Concept Ethnic Concept
- The existence of - Indicates a relation
the relationship of of birth or origin 3. Distinguish state from government.
the people and and implies a
STATE GOVERNMENT
government. common race,
usually 4 or 6 elements Only an element or
characterized by instrument of the state
community of
language and Principal Agent
customs.
Abstract Concept Externalizes the State and
Contains 4 or 6 elements Incomplete State articulates its will
- May lack any
element except Cannot exist without a Can exist without a state
the people government Ex. Palestinian Government
- Need not to be a
state at all
Exercises Sovereignty Does not exercise PEOPLE – People refers simply to the inhabitants of the
sovereignty State.
May comprise of many May comprise of many
nations states 4. What are the specific requirements in the element of
- Israel - Arab Nation “people”?
- Canada
There is no requirement as to the number of people
that should compose a State, however, they must be
State is not similar to a nation. The state is a
numerous enough to be self-sufficing and to defend
political/legal concept while the nation is an
themselves and small enough to be easily administered
ethnic/racial concept. The state as a political/legal
and sustained. People must come from both sexes to
concept means that the state is an abstract, ideal
be able to procreate.
person, existing only in contemplation of law. It is
composed of its elements, to wit, people, territory,
TERRITORY – Fixed portion of the surface of the earth
government, and sovereignty. The nation as an
inhabited by the people of the State
ethnic/racial concept means that the people are
Philippines exercises sovereignty or jurisdiction,

*The territory should be neither too big as to be difficult to consisting of its terrestrial, fluvial, and aerial domain,
administer and defend nor too small as to be unable to including its territorial sea, the seabed, the subsoil, the
provide for the needs of the population such as food and insular shelves, and other marines areas. The waters
natural resources. around, between, and connecting the islands of the
archipelago, regardless of their breadth and
5. What are the components of the national territory of the dimensions, form part of the internal waters of the
Philippines? Philippines.”
a. Terrestrial Domain – composed of the land
b. Maritime Domain – maritime belt/sea belt/marginal “All other territories”
belt - Treaty of Paris territory
Fluvial Domain – inland waters such as rivers, lakes, - US-Spain treaty
lagoons, canals  Cagayan
c. Aerial Domain – the air space above the land and  Sulu
waters, excluding outerspace  Sibuto
* Sovereignty over airspace extends only until - Batanes Island
where outerspace begins. (50-100 miles from the - Historic right/Legal title
earth)*  Sabah
 Scarborough Shoal
6. What is the extent of the territory of the Philippines?  Kalayaan Group of Islands
12 nm from the baseline – exclusive territory; exclusive - US-UK treaty
jurisdiction  Turtle Islands
24 nm from the baseline – contiguous zone; jurisdiction  Mangasee Islands
over domestic customs and immigration laws
200 nm from the baseline – exclusive economic zone; 8. Why is the Philippines an archipelago?
privilege to exploit natural resources
It is an archipelago because it is located on a body of
7. What comprises the Philippine territory? (Article 1, 1987 water surrounded by seven thousand one hundred
Constitution) seven (7,107) islands.
“The national territory comprises the Philippine Archipelago – It is a group of islands, including parts of
archipelago, with all the islands and waters embraced islands, interconnecting waters and other natural
therein, and all other territories over which the features which are so closely interrelated that such
islands, waters and other natural features form an Scarborough Shoal. Thus, the regime of islands are
intrinsic geographical, economic and political entity, or still part of the Philippine national territory.
which historically have been regarded as such. Simply
stated, it is a body of water studded or surrounded by
islands.
11. What would qualify an island? [Article 121(1), UNCLOS
Archipelagic Waters – The waters around, between, III]
and connecting the islands of the archipelago, An island is a naturally formed area of land, surrounded
regardless of their breadth and dimensions by water, which is above water at high tide
Archipelagic Doctrine – It is a principle which considers
12. What is the difference between normal baseline
the group of islands as one integrated unit. For this
method and straight baseline method?
purpose, it requires that straight baselines be drawn by
Normal baseline method follows the sinuses and
connecting the appropriate points of the outermost
curvatures of the islands while straight baseline method
islands to encircle the islands within the archipelago.
determines the outermost points of the outermost
We consider all the waters enclosed by the straight
islands then connects them.
baselines as internal waters.
9. What are the terrestrial or maritime features of the 13. Are our internal waters included in the right to innocent
Philippine territory? passage?
- Territorial Sea – 12 nm from the baseline - No. The law does not provide in UNCLOS III and RA
- Seabed – sea floor or sea bottom 9522 that our internal waters are subject to the right
- Subsoil – beneath the surface soil and the seabed of innocent passage. The right to innocent passage
- Insular shelves will be applicable only outside the 24NM
- Other submarine areas contiguous zone and within the 200NM EEZ. If one
state traverses the area within the territorial seas,
10. Are the “regime of islands” part of the Philippine the state must ask permission from the local state or
national territory? Does the Philippines has jurisdiction atleast there must be a bilateral agreement
over these islands? between those states. Thus, there is no innocent
Yes. In the case of Magallona v Ermita, the court passage within our internal waters unless permitted
ruled that under Section 2 of RA 9522, the law by the state.
commits to text the Philippines’ continued claim of
sovereignty and jurisdiction over the KIG and the
It is a government of right. It has rightful title but no power or

control, either because this has been withdrawn from it or
because it has not yet actually entered into the exercise
thereof. It is a government established according to the
GOVERNMENT – agency or instrumentality through which the Constitution of the State, and lawfully entitled to recognition
will of the State is formulated, expressed and realized and supremacy but is actually ousted from power or control. It
is the true and lawful government. (e.g. Government of the
Functions: Constituent and Ministrant Philippines)
Constituent functions are the basic functions of the DE FACTO GOVERNMENT

government and are thus compulsory while ministrant functions
are those undertaken to advance the general interests of It is a government of fact. It actually exercises power or control
society and are thus optional. but without legal title. It is that government which unlawfully
gets the possession and control of the rightful legal
- Constituent – governmental, core government and maintains itself there by force and arms
- Ministrant – proprietary against the will of the rightful legal government, and claims to
exercise the powers thereof.
Is the difference between governmental and proprietary
functions still relevant? three (3) kinds of de facto government
No. In PVTA vs.CIR, the Supreme Court held that such - By violence/force/the voice of the majority
distinction has been obsolete and blurred because of the  (e.g. Government of England under the
repudiation of the laissez faire policy in the Constitution. The Commonwealth, first by Parliament and later by
government, under the Constitution, is under an obligation to Cromwell as Protector)
promote social justice - By insurrection (*insurrection – rebellion on a smaller
scale)
Doctrine of Parents Patriae  (e.g. Government of the Southern Confederacy
- The government as guardian of the rights of the people in revolt against the Union during the war of
may initiate legal actions an in behalf of particular secession in the United States)
individual. - By military forces/war/government of paramount force
- It means parent of the country. The State acts as the  (e.g. Castine in Maine, which was reduced to a
guardian of persons under disabilities. British possession in the war of 1812; Tampico,
Mexico, occupied during the war with Mexico
DE JURE GOVERNMENT by the troops of the United States; Second
Republic of the Philippines established by the

Japanese belligerent during the occupation of
the Philippines in World War II)
EFFECTS BELLIGERENT CESSION
SOVEREIGNTY – the supreme and uncontrollable power OCCUPATION
inherent in a State by which that State is governed SOVEREIGNTY Sovereignty itself is not There is a change in
suspended, only the sovereignty
exercise of
What are the four (4) kinds of sovereignty? sovereignty. Ex. Spanish
a) Legal sovereignty – is the authority by which a state has the government ceded
power to issue final commands. (Gilebrist, Principles of the Philippines to
Political Science) the American
b) Political sovereignty – the sum total of all the influences in a government.
State which lie behind the law; roughly defined as the
POLITICAL Political laws are Where there is a
power of the people; the sovereignty of the electorate, or
LAWS merely suspended, change of
in its general sense, the sovereignty of the whole body subject to revival sovereignty, the
politic. (Gonzales, Philippine Political Law) under the jus political laws of the
c) Internal sovereignty – management of our domestic affairs; postliminium upon the former sovereign
the supremacy of a person or body of persons in the State end of the occupation are not merely
over the individuals or association of individuals within the suspended but
Exceptions: abrogated. As they
area of its jurisdiction. (Gonzales, Philippine Political Law)
(1) the rule suspending regulate the
d) External sovereignty – freedom from external control. It is
political laws affects relations between
the supremacy of the State as against all foreign wills. only the civilian the ruler and the
(Gonzales, Philippine Political Law) inhabitants of the ruled, these laws fall
occupied territory and to the ground ipso
Characteristics of Sovereignty is not intended to bind facto unless they
- permanent the enemies in arms. are retained or re-
(2) It also does not enacted by positive
- exclusive
apply to the law on act of the new
- comprehensive treason although sovereign.
- absolute decidedly political in
- indivisible character.
- inalienable
- imprescriptible MUNICIPAL Non-political laws are Non-political laws,
LAWS deemed continued by contrast,
(non political unless changed by the continue in

laws; Civil belligerent occupant operation, for the
Laws) since they are reason also that
intended to govern they regulate
the relations of private relations
individuals as among only, unless they
themselves and are are changed by
not generally affected the new sovereign
by changes in regimes or are contrary to its
or rulers. institutions.
JUDICIAL They are valid during Still valid

DECISIONS the occupation and
even beyond except
those of a political
complexion, which are
automatically annulled
upon the restoration of
the legitimate
authority
Doctrine of Jus Postliminium
It is used for de facto government of the third kind – belligerent

occupation or government of paramount force. At the end of
the belligerent occupation, when the occupant is ousted from
the territory, the political laws which had been suspended
during the occupation shall automatically become effective
again.
Part III – State Immunity e. When the suit is against a government officer but
the ultimate liability will belong not to the officer but
1. What is the legal basis of the Doctrine of Immunity? to the government.
(Article 16, Section 3)
“The State may not be sued without its consent.” 4. How do you know if a suit against a public officer is a
suit against the state?
This provision reflects nothing less than a recognition of If it would require the government to do an affirmative
the sovereign character of the State and an express act. Affirmative act may be in the form of: money,
affirmation of the unwritten rule insulating it from the payment of damages, fund, appropriation, interests,
jurisdiction of the courts of justice. It is based on the properties
very essence of sovereignty.
5. When can a public officer be sued?
2. What is that doctrine stating state immunity? As enumerated in Sanders vs. Veridiano, there are
Doctrine of royal prerogative of dishonesty exceptions in which a public officer may be sued
- There can be no legal right against the authority without prior consent of the State, to wit:
which makes the law on which the right depends. - to compel him to do an act required by law
(Justice Holmes) - to sue him in his personal capacity
- Grants the state the prerogative to defeat any - to restrain him from enforcing an act claimed to be
legitimate claim against it simply by invoking its non- unconstitutional;
suability. - to compel the payment of damages  refund;
- to secure a judgment that the officer impleaded
3. What are the tests to determine if the suit is a suit
may satisfy by himself without the State having to
against the state?
do a positive act to assist him; and
a. If it would require the government to do an
- where the government itself has violated its own
affirmative act. Affirmative act may be in the form
laws (e.g. recovery of property unjustly taken)
of: money, payment of damages, fund,
appropriation, interests, properties
6. How do you determine if a government agency can be
b. If it produces adverse consequence on the public
sued?
treasury.
- Determine whether the agency is incorporated or
c. The republic is sued by its name unincorporated.
d. The suit is against an unincorporated agency - If unincorporated, determine whether primary
function is governmental or proprietary.
 If governmental, it is a suit against the State. The United Nations, as well as its organs and specialized
Consent must be determined. agencies, are likewise beyond the jurisdiction of local
 If proprietary, it is not a suit against the State. courts
Case should not be dismissed.
- If incorporated, look at its charter.
10. What is the basis on the principle that International
 Suable or not suable if charter says so
Organization or Agencies can invoke immunity?
 If charter is silent, look at its function. G – not
Treaties where Philippines is a signatory
suable; P – suable
Bilateral Agreements
 Municipal Corporations can always sue and
Consent given by DFA
be sued
Special Law
7. Can public funds be subject to writ of execution or
garnishment? No
11. According to the VCDR, who are members of the
General Rule: Whether the money is deposited by way
diplomatic mission that are immune from suit? (Art. 31.
of general or special deposit, it remains as government
Vienna Convention on Diplomatic Relations)
funds and may not be subject to garnishment.
- Sovereigns and other heads of state
- Ambassadors, ministers, plenipotentiary, minister
Exception: When a law or an ordinance has been
resident and charges d’ affaires.
enacted appropriating a specific amount to pay a
- Consuls to a certain extent
valid government obligation, then the money can be
garnished.
12. What are the types of consent?
Express Consent
8. What is the basis on the principle that other states can
- general law Money claims arising from contracts
invoke immunity?
must be filed in COA; COA must act upon within 60
Par in parem non habet imperium
days; rejection of the claim authorizes the claimant
- An equal has no power over an equal. All States as
to elevate the matter to the Supreme Court.
sovereign equals cannot assert jurisdiction over one
- special law  must be embodied to a duly
another.
enacted statute and may not be given by a mere
counsel of the government
9. What is the basis on the principle that the United
Nations can invoke immunity? (1946 Convention on the Implied Consent
Privileges and Immunities of the UN) - State itself commences litigation or files a suit.
- State enters into a contract in its proprietary
capacity.
- State is an interpleader/intervenor in a case – in Hypothetical cases:

which case it applies only if the State intervenes not
for the purpose of invoking its immunity 15. A sues the state because A wants to compel the
- When it would be inequitable for the State to claim government to issue him a driver’s license. A does not
immunity want any money. Can the state invoke immunity?
 The Doctrine of State Immunity from suit
cannot serve as an instrument for No. Suits even without consent can prosper if the suit is
perpetrating an injustice on a citizen. When a petition for mandamus to compel a public officer to
the government takes any property for do an obligation. In this case, the government has an
public use, it is conditioned upon the obligation to issue driver’s license if the applicant mett
payment of just compensation. (Amigable v the requirements to obtain a driver’s license. Thus, A
Cuenca) can compel the state to issue him a driver’s license.
13. At what point shall the state invoke immunity? Before or 16. A is a public officer working in a government agency
during the suit? which has a proprietary function. A acts in good faith
Before the suit. If trial already started, the state can no and performs his duties. Can A invoke state immunity?
longer invoke state of immunity.
17. A sues B who is a public officer. B committed the act in
14. Is suability the same as liability? the discharge of his official function and in the scope of
No. Suability depends on the consent of the State to be his authority. Can B invoke state immunity?
sued; liability on the applicable law and the
established facts. The circumstance that a State is Yes. In a Supreme Court decision, if a government
suable does not necessarily mean that it is liable. On official committed an act in the discharge of his official
the other hand, it 1 can never be held liable if it does function and in the scope of his authority, the suit
not first consent to be sued. Liability is not conceded by against him will be a suit against the state for the
the mere fact that the State has allowed itself to be ultimate liability will belong not to the officer but to the
sued. When the State waives its sovereign immunity, it is government.
only giving the plaintiff the chance to prove, if it can,
that the defendant is liable. The State, in many cases, 18. Same facts but A sues B in his personal capacity. Can B
may be suable but not liable. invoke state immunity?
No. In Sanders v Veridiano, it is an exception to the rule

that a suit against government officials are considered
suit against the state. If the government official is sued - Elections

in his personal capacity, it is not a suit against the state - Separation of powers
and thus, he cannot invoke state immunity - Legislature cannot pass irrepealable laws
- Non suability
Part IV – State Policies
7. Is there a particular provision in Article 2 differentiating
1. What is the difference between principle and state
offensive from defensive war?
policies
- Yes. It is found in Article 6, Section 23(1). The
- Principles – binding rules which must be observed in
congress cannot declare war (offensive) but the
the conduct of government
existence of a state of war (defensive) presumably
- Policies – guidelines for the orientation of the state
commenced or provoked by the enemy State.
*Difference between them, does not matter in the
Constitution*
8. When can international law becomes part of the law of
the land?
2. What are the principles under Article 2?
- Under the 1987 Constitution, international law can
- Section 1-6
become part of the sphere of domestic law either
by transformation or by incorporation.
3. What are the state policies under Article 2?
- The transformation method requires that an
- Section 7-28
international law principle be transformed into
domestic law through a constitutional mechanism,
4. Are all the sections in article 2 self executing
such as local legislation.
provisions?
o Senate ratifying a treaty
- No
- The incorporation method applies when, by mere
constitutional declaration, international law is
5. Which sections is self executing?
deemed to have the force of domestic law. Since
- Section 15, 16, 28
they are generally accepted principles of
international, they are automatically part of our
6. What are the essential characteristics of a Republican
own laws.
State?
- Government of law and not of men
9. Examples of international laws that are incorporated as
- Rule of majority
part of the law of the land
- Accountability of public officers
- renunciation of war as an instrument of national
- Bill of rights
policy
- sovereign immunity 13. Preamble – “Almighty God” Does it signify favouring a

- a person’s right to life, liberty and due process religion?
- pacta sunt servanda - No. It just connotate the adherence of the Filipino
people to the notion of a creator as an integral
10. How can you reconcile a conflict between an component of their respective religions.
international law and a municipal law?
a. Efforts should be exerted to harmonize them. 14. Does it mean that atheists did not ordain and
- resolve it using statutory construction promulgate the constitution because they do not
- the later in time prevails believe in the existence of an Almighty God?
- specific law prevails over general law. - No. In Garcia v Drilon (GR 179267), the court ruled
b. Generally, municipal law shall prevail. Especially in that it is only an affirmation of the reality that the
the exercise of: vast majority of the Filipino people believe in an
- Police power “Almighty God” and that the Philippines is the
- Eminent domain “bastion of Christianity in Asia” where 93% of the
- Taxation powers total population adheres to the teachings of Jesus
- Separation of powers – rule making power of Christ.
the courts - No. The Preamble is not a source of right, it is not
mandatory.
Rationale: inherent powers of the state, could not
be bargained away or surrendered through 15. Declaring holiday a feast day of a saint per se, favours
medium of a treaty a religion?
- No. The separation of Church and State is not a wall
11. Municipal law shall prevail over int’l law – always?
of hostility or absolute separation, the state also
- Lex posterior derogate priori – The Constitution shall
recognizes religion. Declaring religious events as
prevail all the time.
legal holidays do not favour a religion. The principle
- Treaties are of the same weight as Republic Acts.
of benevolent neutrality approach gives room for
- Since the Constitution is superior than RAs, treaties
accommodation of religious exercises as required
are also inferior to the Constitution ALL the TIME.
by the Free Exercise Clause. Accommodation is
given to religion so long as it does not offend
12. Can a state favour any religion?
compelling state interests.
- No. Article 3, Section 5 of the Constitution “Non-
establishment” clause
16. What do you mean by social justice?
- Justice Laurel in Calalang vs. Williams
- “Social justice is neither communism, nor despotism, states, it is enforceable only in regard to the grants of rights,
nor atomism, nor anarchy, but the humanization of privileges and concessions covering national economy and
laws and the equalization of social and economic patrimony and not to every aspect of trade and commerce. It
forces by the State so that justice in its rational and refers to exceptions rather than the rule. The issue here is not
objectively secular conception may at least be whether this paragraph of Sec. 10 of Art. XII is self-executing or
approximated. Social justice means the promotion not. Rather, the issue is whether, as a rule, there are enough
of the welfare of all the people, the adoption by balancing provisions in the Constitution to allow the Senate to
the Government of measures calculated to insure ratify the Philippine concurrence in the WTO Agreement. And
economic stability of all the component elements we hold that there are.
of society, through the maintenance of a proper
economic and social equilibrium in the All told, while the Constitution indeed mandates a bias in favor
interrelations of the members of the community, of Filipino goods, services, labor and enterprises, at the same
constitutionally, through the adoption of measures time, it recognizes the need for business exchange with the rest
legally justifiable, or extra-constitutionally, through of the world on the bases of equality and reciprocity and limits
the exercise of powers underlying the existence of protection of Filipino enterprises only against foreign
all governments on the time-honored principle of competition and trade practices that are unfair. In other
salus populi est suprema lex.” words, the Constitution did not intend to pursue an isolationist
policy. It did not shut out foreign investments, goods and
17. When does life begin? services in the development of the Philippine economy. While
- Conception - It starts in the fertilization of the egg the Constitution does not encourage the unlimited entry of
cell and the sperm cell foreign goods, services and investments into the country, it
does not prohibit them either. In fact, it allows an exchange on
18. How can you reconcile the decision in MPH v GSIS and the basis of equality and reciprocity, frowning only on foreign
Tanada v Angara? competition that is unfair.
It is true that in the recent case of Manila Prince Hotel vs. 19. What is local autonomy?
Government Service Insurance System, et al., this Court held - Local autonomy under the 1987 Constitution simply
that Sec. 10, second par., Art. XII of the 1987 Constitution is a means “decentralization”. It does not mean
mandatory, positive command which is complete in itself and independence or make LGUs sovereign within the
which needs no further guidelines or implementing laws or rules state.
for its enforcement. From its very words the provision does not
require any legislation to put it in operation. It is per se judicially 20. What are the kinds of Decentralization?
enforceable. However, as the constitutional provision itself a. Decentralization of power
-Abdication of political power in favour of an

LGU
b. Decentralization of administration
- central government merely delegates
administrative powers to political
subdivisions
21. What is public interest?

Part VI – Delegation of Powers - Tariff powers to the President

- Emergency powers to the President
1. What is the rationale behind the non-delegation of - People at large
powers? - Local Governments
- Administrative Bodies
Potestas delagata non delagari potest – What has been
delegated cannot be delegated
7. What are the two concepts of legislative delegation?
Rationale: Delegated power cannot be further delegated or - What is the law
what has been delegated cannot be delegated. It means - When should the law be implemented
that a delegated power constitutes not only a right but a duty
to be performed by the delegate by the instrumentality of his 8. What is the legal basis of the delegation to people?
own judgment and not through the intervening mind of - Article 6, Section 32
another. - RA 6735
2. Can Judicial, Executive, Legislative power be Referendum – power of the electorate to approve or
delegated? reject a legislation through an election called for a
- Generally no, but there are exceptions. purpose
Plebiscite – electoral process by which an initiative on

3. What are the manifestations of a republican
the Constitution is approved or rejected by the people
government?
- a representative government run by and for the 9. What is the legal basis of the delegation to local
people where sovereignty resides in the people governments?
and where all government authority emanates from - Art. 10, Sec.3
the people - Local Government Code
4. Who delegated the power to the three branches of the Requisites of a valid ordinance
government?
- The People Rationale: local legislatures are more knowledgeable
than national lawmaking body on matters of purely
5. Is the rule of non-delegation of powers absolute? local concern.
- No. There are permissible delegations.
Cardinal Principle: local affairs shall be managed by
local authorities and general affairs by the central
6. What are the permissible delegations?
authority.
10. What is the legal basis of the delegation to 12. What is the legal basis of the delegation of emergency
administrative bodies? powers?
- Charter - Article 6, Section 23, paragraph 2
Power of Subordinate Legislation Conditions for Emergency Powers

Authority delegated by the law-making body to the a. There must be war or other national
admin body to adopt rules and regulations intended to emergency.
carry out the provisions of a law and implement the b. The delegation must be for a limited period
legislative policy. only.
c. The delegation must be subject to such
Requisites of a valid administrative regulation restrictions as the Congress may prescribe.
a. Its promulgation must be authorized by the d. The emergency powers must be exercised to
legislature carry out a national policy declared by
b. It must be promulgated in accordance with Congress.
prescribed procedure
c. It must be within the scope of the authority 13. The power of the local governments to enact
given by the legislature ordinances – delegated power or inherent power?
d. It must be reasonable - Delegated power given by Congress
11. What is the legal basis of the delegation of tariff 14. The power of the president to declare state of lawless
powers? violence – delegated power or inherent power?
- Article 6, Section 28, paragraph 2 - Inherent power given by the Constitution
- Tariff and Customs Code
15. What are instances that Congress can delegate
Power to fix: emergency powers?
a. Tariff rate - War
b. Import and export quotas - Other National Emergency - Majority is affected.
c. Tonnage The emergency must be of nationwide proportions
d. Wharfage dues and effect.
e. Other duties or imposts under the National a. Rebellion
Development Program of the Government b. Economic crisis
c. Pestilence or epidemic
d. Typhoon
e. Flood - The said powers must be exercised only during a

limited period, that is, for the duration of the war or
Rationale: During grave emergencies, it may not be other national emergency.
practicable for Congress to meet and exercise power. In such - The delegation must be subject to such restrictions
occasions, the *Constitution expressly permits Congress to as the congress may prescribe.
grant legislative powers to the President subject to certain - It is the Congress that determines whether there is
limitations. war or national emergency.
16. Why it is still necessary for Congress to define what is an

20. Who can declare state of emergency?
“emergency”?
- Congress and the President
17. Why are emergency powers for a limited period only?
It must be temporary or it cannot be said to be an
21. What are the delegated powers given to local
emergency
governments?
- Power of eminent domain
Justice Tuason in Emergency Powers Cases: for
- Police Power – provided in the General Welfare
Congress might not enact the repeal, and even if it
Clause of the Local Government Code
would, the repeal might just be vetoed by the
- Power of Taxation – inherent power from the
President. It would create an anomaly that, while
Constitution but is subject to limitation by Congress.
Congress might delegate its powers by simple majority,
it might not be able to recall them except by a 2/3
22. What are the two tests to determine valid delegation of
vote. In other words, it would be easier for Congress to
power?
delegate its powers than to take them back.
- Completeness Test
- Sufficient Standard Test
18. When can the emergency power cease to exist?
- When Congress withdraw the emergency powers
23. Can the two test of delegation of power apply to the
by a resolution
three branches or it is just exclusive to the Legislative
- Cessation of the emergency
Branch?
- Adjournment of Congress
No. Both tests are not confined to the legislative
19. What are the limitations of emergency power?
branch. In fact, both tests must be applied to the
- The emergency powers may be granted by law to
delegation of the three branches of the government.
the President only in times of war or national
emergency
24. Can the two test of delegation of power apply to all
permissible delegations? Yes.
25. What is a sufficient standard? “What to do”

The law must offer a sufficient standard to specify the
limits of the delegate’s authority, announce the 28. Should both test be present?
legislative policy and specify the conditions under
which it is to be implemented. Yes. In order for a valid delegation of power, both the
Completeness Test and Sufficient Standard Test must be
It must fix a standard to which the delegate must applied together or concurrently. According to the
conform the performance of his function. Pelaez Case, the two tests must be applied
concurrently and not alternatively.
“How to do it”
26. How sufficient is a standard?

In the case of Gerochi v DOE, the court enumerated 8
sufficient standard which includes:
a. Interest of law and order
b. Adequate and efficient instruction
c. Public interest
d. Justice and equity
e. Public convenience and welfare
f. Standardization and regulation of medical
education
g. Simplicity, economy and efficiency
h. Fair and equitable employment practices
27. What is the completeness test?

The law must be complete in all its terms and conditions
when it leaves the legislative so that when it reaches
the delegate, the delegate will have nothing to do but
to enforce it.
It must be complete in itself, it must set forth therein the

policy to be executed, carried out or implemented by
the delegate.
Part V – Separation of Powers Relationship of the three departments.

a. The three departments are interdependent of one
Principle of Separation of Powers - Allocation/distribution of another.
governmental powers b. They are co-equal and coordinate.
c. They allow for checks and balances.
Rationale:
a. intended to prevent a concentration of authority in
Principle of Blending of Powers - Instances when powers are
one person or group of persons that might lead to an
not confined exclusively within one department but are
irreversible error or abuse in its exercise to the detriment assigned to or shared by several departments such as:
of our republican institutions
b. designed to prevent the accumulation of powers in the PRESIDENT CONGRESS
same hands, which result of tyranny. Prepares budget Enact an appropriation bill
c. to secure action, to forestall overaction, to prevent pursuant to the budget
despotism and to obtain efficiency (Justice Laurel)
Enters into a treaty Ratifies the treaty
TRUE TEST: Whether or not the power in question, regardless of
Grants amnesty Amnesty subject to
its nature, has been constitutionally conferred upon the concurrence of majority votes
department claiming its exercise. from members of Congress
Doctrine of Implication – based on the theory that the grant of

an express power carries with all other powers that may be Principle of Check and Balances - allows one department to
reasonably inferred from it. resist encroachments upon its prerogatives or to rectify
mistakes or excesses committed by the other departments
DEPARTMENT WHO EXERCISES POWER OVER LAWS President

POWER a. Vetoes a law by Congress
execute b. Pardons an offender convicted by the Court
Executive President
implement
Congress
make
a. may override the veto by 2/3 vote
Legislative Congress amend
b. gives consent to the appointments of executive officers
repeal
c. may refuse to give concurrence to an amnesty
Supreme Court
apply d. has a judicial power of trying impeachments
Judiciary and other lower
interpret e. may limit jurisdiction of the SC and its inferior courts;
courts
may abolish, subject to restrictions, lower courts
Judiciary JUSTICIABLE QUESTION POLITICAL QUESTION

a. has the power to invalidate an act of Congress, Legality of the law
President and his subordinates, or the Constitutional Wisdom of the law
Commissions Definition of the wordings
Mathematical computation e.g. interpretation of phrases
Judicial review e.g. compliance of a voting such as “other high crimes”,
- includes the duty of the courts of justice to settle actual requirement “disorderly behaviour”
controversies involving rights which are legally
demandable and enforceable, and to determine Question of policy
whether or not there has been a grave abuse, of Question of procedure
discretion amounting to lack or excess of jurisdiction on “thou shall not’s” of the
the part of any branch or instrumentality of the Constitution Impeachment cases
Government
- what it is upholding is not its own supremacy but the Matters of internal relations of
supremacy of the Constitution. Constitutionality of laws,
executive and legislative
- ultimate “check” on the two departments presidential orders,
departments
declaration of martial law
Justiciable question – It implies a given right, legally Decisions of administrative
demandable and enforceable, an act or omission, violative of Qualifications of an
powers, offices, agencies
appointee of the President
such right, and a remedy granted and sanctioned by law for
said breach of right. (e.g. compliance with a voting Decided by the people in
requirement; qualifications of an appointee of the President) their sovereign capacity
WON there is a lack or excess
exercised by the legislative or
of jurisdiction
executive department
Political question – It is a question of policy, that question which
under the constitution is to be decided by the people in their
sovereign capacity; or in regard to which, full discretionary
authority has been delegated to the legislative or executive
branch of the government. It is concerned with issues
dependent upon the wisdom, not legality, of a particular
measure.
EXECUTIVE BRANCH
POWERS OF THE
PROVISION NOTES LIMITATIONS
PRESIDENT
Article VII, Section 1 - power to enforce and administer laws - The President’s power could be exercised only as
Executive Power Executive power shall be vested in the - carry out laws in their practical operation may be provided by law
President of the Philippines - the President is not above the law but is obliged to obey and - e.g., power to confer the Order of National Artists
execute them. only in accordance with relevant laws
- not for him to determine the validity of a law - that is judicial
power
Ordinance Powers – he can issue: Executive orders,

Administrative orders, proclamations, memorandum circulars,
memorandum orders, general/special orders
Appointments Article VII, Section 16 - Appointment is the selection, by the authority vested with - President may not appoint his spouse and
the power of an individual who is to exercise the functions of relatives by consanguinity or affinity within the
Section 16. The President shall nominate and, a given office. fourth civil degree as members of the ConComms,
with the consent of the Commission on - not designation (the imposition of additional duties on a Ombudsman or as secretaries, undersecretaries,
Appointments, appoint the heads of the person already in the public service) or heads of bureaus or offices including GOCCs
executive departments, ambassadors, other - not commission (written evidence of the appointment) - Appointments by an acting President are valid until
public ministers and consuls, or officers of the revoked by the elected President
armed forces from the rank of colonel or naval - 2 months before the next Presidential elections -
captain, and other officers whose appointments - Permanent appointments - are those extended to persons no permanent appointments (temporary are
are vested in him in this Constitution. He shall possessing the requisite eligibility and thus have security of allowed if vacancies will prejudice public service or
also appoint all other officers of the Government tenure. engender public safety)
whose appointments are not otherwise provided - Local officials are not covered by this ban
for by law, and those whom he may be - Temporary appointments - given to persons without such (they may appoint any time)
authorized by law to appoint. The Congress eligibility, revocable at will without the necessity of just cause - does not apply to the members of the SC
may, by law, vest the appointment of other or valid investigation, made on the understanding that the - may be limited by the Congress in terms of
officers lower in rank in the President alone, in appointing power has not yet decided on a permanent prescribing the qualifications of the appointee
the courts, or in the heads of departments, appointee and that the temporary appointee may be replaced
agencies, commissions, or boards. at anytime a permanent choice is made.
- Temporary appointments are not subject to
Officials who may be appointed (requires confirmation. If mistakenly given = still not permanent
confirmation): - Designation – hold office only in acting or temporary
a. Heads of Executive departments capacity and replaceable anytime; no security of
b. ambassadors and other public ministers tenure
and consuls
c. officers of the armed forces from the - Regular appointments - is one made by the President while
rank of naval captain Congress is in session and takes effect only after the CA’s
d. those other officers as vested in the confirmation which will continue until the end of the term of
constitution (sectoral representatives, the appointee.
Chairmen and Members of ConComs,
members of JBC) - Ad interim appointments - one made by the President
Officials who may be appointed (no while Congress is not in session and takes effect
confirmation needed): immediately but ceases to be valid once disapproved by
e. all other officers he may be authorized CA or upon next adjournment (by-passing through
by law to appoint inaction)

f. all other officers of the government are - Intended to prevent interruptions in vital government
not otherwise provided by law to appoint services
g. officers lower in rank whose - Permanent appointment because it takes effect
appointments Congress may by law immediately and can no longer be withdrawn by the
vest in the President along President once the appointee has qualified into office.
- disapproval by the CA is final and not appealable
Steps
1. Nomination by the President
2. Confirmation by the CA
3. Issuance of the commission
4. Acceptance by appointee
- essentially the discretionary power and must be performed

by the officer to which it is vested
- appointment is deemed complete only upon acceptance
- appointment to public office cannot be force upon any citizen
Alter egos
- must necessarily appoint the alter ego of his choice (cabinet
sec) before the permanent appointee of her choice should
assume office.
- Congress cannot impose on her the obligation to appoint the
undersecretary automatically because confidence in the
appointee is essential.
Removal - implied from the power of appointment (see - President cannot remove officials where the
above provision) Constitution prescribes certain methods for
- removal – forcible and permanent separation separation of such officers from public service (such
of the incumbent from office before the as chairmen and commissioners of con coms who
expiration of his term can be removed by impeachment only; judges who
are subject to the disciplinary power of the SC)
- President cannot remove elected local officials
- should be only exercised by a cause provided by
law
- members of the career service appointed by the
President may be directly disciplined by him
- Cabinet members and others whose continuity
depends upon the pleasure of the President may
be replaced at any time but it is by expiration and
not removal
Control Section 17. The President shall have control of - Control is the power of an officer to alter or modify or nullify - power to reorganize should be done in good faith
all the executive departments, bureaus, and aside what a subordinate officer had done in the
offices. He shall ensure that the laws be performance of his duties to substitute the judgment of the Indications of bad faith:
faithfully executed. former for his own - where there is a significant increase in the number
- different from supervision (merely overseeing or the power of positions in the new staffing pattern of the
- President has the authority to go over, or authority to see that subordinate officers are performing department or agency concerned
confirm, modify, or reverse the action taken by their duties) - where an office is abolished and another is
his department secretaries - has the power to delagate additional duties to cabinet performing substantially the same functions is
members or other subordinate executive officers created
Take Care Clause - where incumbents are replaced by those less
- power to take care (or to investigate) that laws - includes the authority to reorganize the Executive qualified in terms of status of appointment,
are faithfully executed department (agencies and offices) performance, and merit
- until a law is declared unconstitutional, the - an exercise of his residual powers - where there is a classification of offices in the
President has a duty to execute it regardless - President is granted broad organization powers to department or agency concerned and the
of his doubts on its validity implement reorganization measures reclassified offices perform substantially the same
- with this power is the power to conduct - President has the continuing authority to group, consolidate functions as the original offices
investigations into conduct of officials and bureaus and agencies, to abolish offices, and to transfer - where the removal violates the order of separation
employees in the executive department functions, to create and classify functions, services and - The power of the President to reorganize offices
- power to prosecute violators of penal laws activities, and to standardize salaries and materials outside his office is limited to merely transferring
(DOJ) - done in order to achieve simplicity and economy functions or agencies from the OP to
Departments/agencies or vice president
Sec 31 of the Revised Admin code authorizes the President:
a. to restructure the internal organization of the Office of
the President by abolishing, consolidating, or merging
units thereof or transferring functions from one unit to
another
b. transfer functions or offices fro the Office of the
President to any other department or agency in the
executive branch and vice versa
Doctrine of qualified political agency (alter ego principle)

- all executives and admin organizations are adjuncts of the
executive department, the heads of the various executive
departments are assistants and agents of the President (may
act on his behalf)
- executive secretaries may act on the President’s behalf
except in cases where is required by the constitution to or law
to act in person of the exigencies of the situation demand that
he act personally
- cannot invoke presidential immunity from suit in a case filed
against the secretary, in as much as the questioned acts are
not those of the President
- not applicable to acts of cabinet secretaries done in their ex
officio capacity because ex officio officers are appointed by
law not by the President
Doctrine of exhaustion of administrative remedies

- a party aggrieved by an order of administrative official should
first appeal to higher administrative authority – Office of the
President – before seeking judicial relief

- ex. Prosecutors DOJ Secretary  President
Power of general Article X, Section 4 - President can only interfere with the affairs and activities of
supervision over The President exercises only the power of an LGU if he or she finds that it had acted in a manner
local general supervision over local governments contrary to law
governments
Military powers Article VII, Section 18. (Limitation on Military Commander-in-chief Power to Organize Court Martials
Powers) - The ability of the President to require a military official to - military tribunals cannot try civilians when civil
The President shall be the Commander-in-Chief secure prior consent before appearing in Congress pertains to courts are open and functioning
of all armed forces of the Philippines and awholly different and independent specie of presidential - members of PNP are not w/in jurisdiction of
whenever it becomes necessary, he may call authority — the Commander-in-Chief powers of the military court
out such armed forces to prevent or suppress President. By tradition and jurisprudence, these commander- - military courts take cognizance of service
lawless violence, invasion or rebellion. In case in- chief powers are not encumbered by the same degree connected offenses or crimes under the Articles of
of invasion or rebellion, when the public safety of restriction as that which may attach to executive War
requires it, he may, for a period not exceeding privilege or executive control.
sixty days, suspend the privilege of the writ of - may validly prohibit a military officer from testifying in a Power to conduct peace negotiations
habeas corpus or place the Philippines or any legislative inquiry, w/o prejudice to legislative power to inquiry
part thereof under martial law. Within forty-eight - The vitality, of the tenet that the President is the commander- Doctrine of command responsibility
hours from the proclamation of martial law or in-chief of the AFP is most crucial to the democratic way of life, - can be held responsibility for EJKs and enforced
the suspension of the privilege of the writ of to civil supremacy over the military, and to the general stability disappearances
habeas corpus, the President shall submit a of our representative system of government.
report in person or in writing to the Congress. - court martials are agencies of executive character not judicial
The Congress, voting jointly, by a vote of at courts, hence, subject to the President
least a majority of all its Members in regular or
special session, may revoke such proclamation Calling-out Power
or suspension, which revocation shall not be set - Under the calling-out power, the President may summon the
aside by the President. Upon the initiative of the armed forces to aid her in suppressing lawless violence,
President, the Congress may, in the same invasion or rebellion; this involves ordinary police action. But
manner, extend such proclamation or every act that goes beyond the President’s calling-out power is
suspension for a period to be determined by the considered illegal or ultra vires. For this reason, a President
Congress, if the invasion or rebellion shall must be careful in the exercise of her powers. She cannot
persist and public safety requires it. invoke a greater power (suspension of writ) when she wishes
to act under a lesser power (call out)
The Congress, if not in session, shall, within - It when the President calls out the armed forces to suppress
twenty-four hours following such proclamation lawless violence, rebellion or invasion, he necessarily
or suspension, convene in accordance with its exercises a discretionary power solely vested in his
rules without need of a call. wisdom. The Court cannot overrule the President’s
discretion or substitute its own.
The Supreme Court may review, in an - The only criterion is that “whenever it becomes
appropriate proceeding filed by any citizen, the necessary”, the President may call out the armed
sufficiency of the factual basis of the forces. In the exercise of the power, on-the-spot
proclamation of martial law or the suspension of decisions may be necessary in emergency situations
the privilege of the writ of habeas corpus or the to avert great loss of human lives and mass
extension thereof, and must promulgate its destruction of property. Indeed, the decision to call
decision thereon within thirty days from its filing. out the armed forces must be done swiftly and
decisively if it were to have any effect at all.
A state of martial law does not suspend the - President does not have the authority to promulgate
operation of the Constitution, nor supplant the “decrees” because that is legislative power
functioning of the civil courts or legislative - the President has discretionary authority to declare a “state
assemblies, nor authorize the conferment of of rebellion”. The Court may only look into the sufficiency of
jurisdiction on military courts and agencies over the factual basis for the exercise of the power.
civilians where civil courts are able to function, - a mere declaration of a state of rebellion cannot
nor automatically suspend the privilege of the diminish or violate constitutionally protected
writ of habeas corpus. rights. There is also no basis for the apprehensions
that, because of the declaration, military and police
The suspension of the privilege of the writ of authorities may resort to warrantless arrests. As held
habeas corpus shall apply only to persons in Lacson v. Perez, supra., the authorities may only
judicially charged for rebellion or offenses resort to warrantless arrests of persons suspected of
inherent in, or directly connected with, invasion. rebellion as provided under Sec. 5, Rule 113 of the
Rules of Court.
During the suspension of the privilege of the - exercised only by the President and may not be exercised by
writ of habeas corpus, any person thus arrested local executive officials or anyone else
or detained shall be judicially charged within
three days, otherwise he shall be released.
Suspension of Article VII, Section 18 Writ of Habeas Corpus Grounds:

the writ of - writ directed to detaining officer commanding him to produce i.) Invasion or rebellion, when public safety requires
habeas corpus A state of martial law does not suspend the the body of the prisoner at a designated time and place, with ii) Duration: Not to exceed sixty days, following
operation of the Constitution, nor supplant the the day and cause of his caption and detention, to do, to which it shall be lifted, unless extended by
Martial Law functioning of the civil courts or legislative submit to, and receive whatever the court or judge awarding Congress.
assemblies, nor authorize the conferment of the writ shall consider in his behalf iii) Duty of President to report action to Congress:
jurisdiction on military courts and agencies over within 48 hours, personally or in writing.
civilians where civil courts are able to function, Suspension of the privilege of the writ iv) Congress may revoke [or extend on request of
nor automatically suspend the privilege of the - when the court receives an application for the writ, it will the President] the effectivity of proclamation by a
writ issue the writ as a matter of course: the court will issue an majority vote of all its members, voting jointly.
order commanding the production before the court of the
person allegedly detained, at a time and place stated in the - The suspension applies only to persons judicially
order, and requiring the true cause of his detention to be charged for rebellion or offenses inherent in or
shown to the court. directly connected with invasion.
- When is the privilege suspended? If the return of the writ - During the suspension of the privilege of the writ,
shows that the person in custody was apprehended and any person thus arrested or detained shall be
detained in areas where the privilege of the writ has been judicially charged within three days, otherwise he
suspended or for crimes mentioned in the executive shall be released.
proclamation, the court will suspend further proceedings in
the action.
Martial Law
- Willoughby: military have been called upon by the executive
to assist him in the maintenance of law and order and that
will the emergency still exist, they must, upon pain of arrest
and punishment, not commit any act which will in any way
render difficult the restoration of order and the enforcement
of law.
- no new powers are given to the executive; no extension of
arbitrary authority is recognized; no civil rights of the
individuals are suspended
- The Supreme Court may review, in an appropriate

proceeding filed by any citizen, the sufficiency of the factual
basis of the proclamation of martial law or the suspension of
the privilege of the writ or the extension thereof, and must
promulgate its decision thereon within thirty days from its filing
- The suspension of the privilege of the writ does not impair
the right to bail
- the constitutional validity of the President’s power is first a
political question in the hands of Congress before it becomes
a justiciable question in the hands of the Court
Pardoning Power Article VII, Section 19 Pardon. An act of grace which exempts the individual on Limitations on exercise:
whom it is bestowed from the punishment that the law inflicts i) Cannot be granted in cases of
Except in cases of impeachment, or as for the crime he has committed. impeachment [Sec. 19, Art. VII].
otherwise provided in the Constitution, the
President may grant reprieves, commutations, Commutation. Reduction or mitigation of the penalty. ii) Cannot be granted in cases of violation of
and pardons, and remit fines and forfeitures, Reprieve. Postponement of a sentence or stay of execution. election laws without the favorable
after conviction by final judgment. He shall also Parole. Release from imprisonment, but without full restoration recommendation of the Commission
have the power to grant amnesty with the of liberty, as parolee is still in the custody of the law on Elections [Sec. 5, Art. IX-C].
concurrence of a majority of all the members of although not in confinement.
the Congress iii) Can be granted only after conviction
Amnesty. Act of grace, concurred in by the legislature, usually by final judgment.
Executive Clemency – granted for the purpose extended to groups of persons who committed political
of relieving the harshness of the law or offenses, which puts into oblivion the offense itself. iv) Cannot be granted in cases of
correcting mistakes in the administration of legislative contempt (as it would
justice Pardon  Discretionary; may not be controlled by the violate separation of powers), or civil
legislature or reversed by the courts, unless there is a contempt (as the State is without
constitutional violation. Thus, it was a legal malapropism for interest in the same)
the trial court to interject par. 2, Art. 135, Revised Penal Code,
recommending the grant of pardon after the convict shall have v) Cannot absolve the convict of civil
served a jail term of 5 years, considering that this was a liability.
prosecution under a special law, and that the matter of a
pardon is within the President’s exclusive prerogative
vi) Cannot restore public offices forfeited
Classifications of Pardon
Plenary or partial
(a) Plenary - Extinguishes all the penalties imposed upon the
offender, including accessory disabilities.

(b) Partial – Does not extinguish all penalties imposed
Absolute or conditional
(a) Conditional - The offender has the right to reject the same
since he may feel that the condition imposed is more onerous
than the penalty sought to be remitted.
(b) Absolute pardon - Pardonee has no option at all and must
accept it whether he likes it or not. In this sense, an absolute
pardon is similar to commutation, w/c is also not subject to
acceptance by the offender.
AMNESTY PARDON
addressed to political infractions of peace of the
offenses state
classes of persons individuals
no need for distinct acts of acceptance necessary
acceptance
requires concurrence of does not
Congress
a public act which the courts private act which must be
may take judicial notice of pleaded and proved
looks backward and puts looks forward and relieves
into oblivion the offense the pardonee of the
itself consequences of the
offense
Borrowing power Article VII, Section 20
The President may contract or guarantee

foreign loans on behalf of the Republic with the
prior concurrence of the Monetary Board, and
subject to such limitations as may be provided
by law. The Monetary Board shall, within 30
days from the end of every quarter, submit to
the Congress a complete report of its decisions
on applications for loans to be contracted or
guaranteed by the Government or government-
owned and controlled corporations which would
have the effect of increasing the foreign debt,
and containing other matters as may be
provided by law.
Diplomatic Power Article VII, Section 21 Business of Foreign Relations Treaty-making power is exclusive to the President.
- deal with foreign states Congress may not interfere in the field of treaty
No treaty or international agreement shall be - extend or withhold recognition negotiations.
valid and effective unless concurred in by at - maintain diplomatic relations
least 2/3 of all the members of the Senate. - enter into treaties Concurrence of Senate pertains only to the validity
- appoint ambassadors, consuls, public ministers of the treaty not conduct of negotiations.
Treaties v Executive Agreements Treaties and international agreements are subject to

- international agreements which involve political issues or check by the Supreme Court, which has the power
changes of national policy and those involving international to declare them unconstitutional
arrangements of a permanent character take the form of a
treaty; while international agreements involving adjustment
of details carrying out well established national policies and
traditions and involving arrangements of a more or less
temporary nature take the form of executive agreements;
and
- in treaties, formal documents require ratification, while
executive agreements become binding through executive
action.
Budgetary Power Informing Power Other Powers
Article VII, Section 22 1. Call Congress to a special session [Sec. 15, Art.
Article VII, Section 23 VI: “x x x The President may call a special session
The President shall submit to Congress within 30 days from the at any time ],
opening of every regular session, as the basis of the general The President shall address the Congress at the opening of its 2. Power to approve or veto bills [Sec. 27, Art. VI].
appropriations act, a budget of expenditures and sources of regular session. He may also appear before it at any other 3. To consent to deputation of government
financing, including receipts from existing and proposed revenue time.” personnel by the Commission on Elections [Sec.
measures. 2(4), Art. IX-C].
4. To discipline such deputies [Sec. 2(8), Art. IX-C].
5. By delegation from Congress, emergency powers
[Sec. 23(2), Art. VI], and tariff powers [Sec. 28(2),
Art. VI].
6. General supervision over local governments and
autonomous regional governments [Art. X].
JUDICIAL BRANCH
JUDICIAL POWER
CONSTITUTIONAL SAFEGUARDS:
- includes the duty of the courts of justice to settle actual controversies
1. The Supreme Court is a constitutional body; it may not be abolished by
involving rights which are legally demandable and enforceable, and to
the legislature.
determine whether or not there has been a grave abuse of discretion
2. The members of the Supreme Court are removable only by impeachment.
amounting to lack or excess of jurisdiction on the part of any branch or
3. The Supreme Court may not be deprived of its minimum original and
instrumentality of the Government [Sec. 1, par. 2, Art. VIII].
appellate jurisdiction; appellate jurisdiction may not be increased without
- Where is it vested: one Supreme Court and in such lower courts as may
its advice and concurrence.
be established by law [Sec. 1, Art. VIII].
4. The Supreme Court has administrative supervision over all inferior courts
and personnel.
5. The Supreme Court has the exclusive power to discipline judges/ justices Inherent powers
of inferior courts.
6. The members of the Judiciary have security of tenure.  to amend and control its processes and orders to as to make them
7. The members of the Judiciary may not be designated to any agency conformable with law and justice includes the right to reverse itself,
performing quasi-judicial or administrative functions. especially when, in its honest opinion, it has committed an error or
8. Salaries of judges may not be reduced; the Judiciary enjoys fiscal mistake in judgment, and that to adhere to its decision will cause injustice
autonomy to a party litigant [Tocao v. Court of Appeals, G.R. No. 127405,
a. guarantee of full flexibility to allocate and utilize their resources September 20, 2001].
with the wisdom and dispatch that their needs require. It  precluded from examining its own ruling and rectifying errors of judgment
recognizes the power and authority to levy, assess and collect if blind and stubborn adherence to res judicata would involve the sacrifice
fees, fix rates of compensation not exceeding the highest rates of justice to technicality [De Leon v. Court of Appeals, G.R. No. 127182,
authorized by law for compensation and pay plans of the December 5, 2001].
government and allocate and disburse such sums as may be
provided by law or prescribed by them in the course of the Jurisdiction - power to hear and decide a case.
discharge of their functions
b. -In downgrading the positions and salary grades of two positions ORIGINAL APPELLATE JURISDICTION
in the Philippine Judicial Academy, the DBM overstepped its JURISDICTION
authority and encroached upon the fiscal autonomy of the Limitation Congress shall have No law shall be passed increasing
Supreme Court and its power of supervision over court the power to define, the appellate jurisdiction of the
prescribe and Supreme Court as provided in the
personnel, as enshrined in the Constitution. apportion the Constitution without its advice and
9. The Supreme Court, alone, may initiate and promulgate the Rules of jurisdiction of the concurrence [Sec. 30, Art. VI].
Court. various courts, but
10. The Supreme Court, alone, may order temporary detail of judges. may not deprive the
11. The Supreme Court can appoint all officials and employees of the Supreme Court of its
Judiciary. jurisdiction over
cases enumerated in
Sec. 5, Art. VIII [Sec. [Sec. 11, Art. VIII]

2, Art. VIII] Mandatory retirement: 70
years old The Supreme Court en banc shall have the power to
discipline judges of lower courts, or order their
APPOINTMENT TO THE JUDICIARY dismissal by a vote of a majority of the members who
actually took part in the deliberations on the issues
QUALIFICATIONS and voted thereon [Sec. 11, Art. VIII]
SUPREME COURT LOWER COLLEGIATE LOWER COURTS PERIODS FOR DECISION [Sec 15, Art VIII]
COURTS From the date of From the date of From the date of
 Natural born citizen of  Natural born citizen of the Philippines submission within 24 submission within 12 submission within 3
months mos. mos. Unless reduced by
the Philippines  member of the Philippine Bar, but Congress may
 at least 40 years of Unless reduced by SC SC
prescribe other qualifications
age Of proven competence, integrity, probity and Delay: A certification to be signed by the Chief Justice or Presiding Justice shall be
issued stating the reason for delay.
 for 15 years or more a independence
judge of a lower court
or engaged in the
practice of law in the
Philippines (Sec. 7)
 Of proven
competence, integrity, JUDICIAL AND BAR COUNCIL
probity and
independence Composition
PROCEDURE FOR APPOINTMENT
Appointed by the President of the Philippines from among a list of at least three WHO Appointment Powers/Functions
nominees prepared by the Judicial and Bar Council for every vacancy; the
appointment shall need no confirmation [Sec. 9, Art. VIII] Ex-officio members regular members shall Principal function of
Any vacancy in the the President shall issue the appointment within  Chief Justice, as be appointed by the recommending
Supreme Court shall be ninety (90) days from the submission by the JBC of Chairman President for a term of appointees to the
filled within ninety (90) such list [Sec. 9, Art. VIII]  the Secretary of four [4] years, with the Judiciary. May exercise
days from the Justice consent of the such other functions
occurrence thereof [Sec.  representative of Commission on and duties as the
4 (1). Art. VIII] Congress Appointments. They Supreme Court may
LIMITATION ON APPOINTMENT shall receive such assign to it [Sec. 8 (5),
Constitutional prohibition against midnight appointments [Sec. 15, Art. VIII] 4 years except the Chief emoluments as may Art. VIII].
-which states that two months immediately before the next presidential elections Justice be determined by the Fiscal autonomy
and up to the end of his term, a President or acting President shall not make Regular members Supreme Court [Sec.
appointments except temporary appointments to executive positions when - representative of the 8(2), Art. VIII]
continued vacancies therein will prejudice public service or endanger public safety. Integrated Bar of the
TENURE Philippines (4 yr
Justices may be removed Judges shall hold office during good behavior until term)
only by impeachment [Sec they reach the age of seventy years or become - a professor of law (3
2, Art. XI] incapacitated to discharge the duties of their office yr term)
- a retired justice of the banc or in division may be modified or

Supreme Court (2 yr reversed except by the court sitting en
term) banc
- a representative of
the private sector (1
yr term) Powers
Secretary ex-officio ORIGINAL JURISDICTION APPELLATE JURISDICTION

 Clerk of the Supreme  over cases affecting Review, revise, reverse, modify, or
Court ambassadors, other public affirm on appeal or certiorari as the
ministers and consuls, a over law or Rules of Court may provide,
petitions for certiorari final judgments and orders of lower
SUPREME COURT  prohibition courts in
 mandamus (i) all cases in which the
Composition  quo warranto constitutionality or validity of any
 habeas corpus treaty, international or executive
 Chief Justice agreement, law, presidential decree,
 14 Associate Justice proclamation, order, instruction,
ordinance or regulation is in
 it may sit en banc or in divisions by (3, 5, 7 members)
question;
(ii) all cases involving the legality of
En Banc/Division Cases any tax, impost, assessment or toll,
or any penalty imposed in relation
EN BANC DIVISION thereto;
All cases involving the constitutionality Other cases or matters may be heard (iii) all cases in which the jurisdiction
of a treaty, international or executive in division, and decided or resolved of any lower court is in issue;
agreement, or law; and all other cases with the concurrence of a majority of (iv) all criminal cases in which the
which, under the Rules of Court, are to the members who actually took part in penalty imposed is reclusion
be heard en banc, including those the deliberations on the issues and perpetua or higher; and
involving the constitutionality, application voted thereon, but in no case without (v) all cases in which only an error or
or operation of presidential decrees, the concurrence of at least three (3) question of law is involved.
proclamations, orders, instructions, such members no law shall be passed increasing
ordinances and other regulations. These the appellate jurisdiction of the
cases are decided with the concurrence Supreme Court without its
of a majority of the members who concurrence.
actually took part in the deliberations Appellate jurisdiction is limited to
on the issues and voted thereon. questions of law.
only “cases” are referred to the
Supreme Court en banc for decision A question of law exists when the
whenever the required number of votes doubt or controversy concerns the
is not obtained correct application of law or
No doctrine or principle of law laid down jurisprudence to a certain set of
by the court in a decision rendered en facts; or when the issue does not call
for an examination of the probative is a remedy available to any person

value of the evidence presented, the whose right to privacy in life, liberty or
truth or falsehood of facts being is a remedy available to any person security is violated or threatened with
admitted. whose right to life, liberty and security violation by an unlawful act or omission
is violated or threatened with violation of a public official or employee, or of a
by an unlawful act or omission of a private individual or entity engaged in the
Notes public official or employee, or of a gathering, collecting or storing of data or
private individual or entity information regarding the person, family,
1. Temporary assignment of judges of lower courts to other stations as honor and correspondence of the
aggrieved party.
public interest may require; but the assignment shall not exceed six
5. Power of Appointment: The Supreme Court appoints all officials and
months without the consent of the judge concerned.
employees of the Judiciary in accordance with the Civil Service Law [Sec.
2. Order change of venue or place of trial, to avoid miscarriage of justice.
5 (6), Art. VIII]
3. Rule-Making Power: Promulgate rules concerning the protection and
6. Power of Administrative Supervision: The Supreme Court shall have
enforcement of constitutional rights, pleading, practice and procedure in
administrative supervision over all courts and the personnel thereof [Sec.
all courts, the admission to the practice of law, the Integrated Bar, and
6, Art. Viii]
legal assistance to the underprivileged
7. Annual Report: Supreme Court to submit, within 30 days from the opening
a. Limitation: rules must provide a simplified and inexpensive
of each regular session of Congress, to the President and to Congress an
procedure for the speedy disposition of cases; they must be
annual report on the operations and activities of the Judiciary [Sec. 16,
uniform for all courts of the same grade; and must not diminish,
Art. VIII]
increase or modify substantive rights
4. “Integrated Bar” is a State-organized Bar, to which every lawyer must SALARIES:
belong, as distinguished from a bar association organized by individual
lawyers themselves, membership in which is voluntary. Integration of the Fixed by law; may not be decreased during their continuance in office
Bar is essentially a process by which every member of the Bar is afforded
an opportunity to do his share in carrying out the objectives of the Bar as PERIODS OF DECISION:
well as obliged to bear his portion of its responsibilities
 duty of the Judge to decide cases with good dispatch, he must not
WRIT OF AMPARO WRIT OF HABEAS CORPUS sacrifice for expediency’s sake the fundamental requirements of due
nature and time-tested role of amparo independent remedy to protect the right process, nor forget that he must conscientiously endeavor each time to
has shown that it is an effective and to privacy, especially the right to seek the truth, to know and aptly apply the law, and to dispose of the
inexpensive instrument for the informational privacy controversy objectively and impartially, all to the end that justice is done
protection of constitutional rights
to every party
 Despite expiration of the mandatory period, the court, without prejudice to
such responsibility as may have been incurred in consequence thereof,
shall decide or resolve the case or matter submitted to it without
ACCOUNTABILITY OF PUBLIC OFFICERS
Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency, act
with patriotism and justice, and lead modest lives [Sec. 1, Art. XI].
IMPEACHMENT
DEFINITION AND OTHER NOTES IMPEACHABLE OFFICERS GROUNDS FOR IMPEACHMENT PROCEDURE
Definition 1. President 1. Culpable violation of the Constitution 1. The House of Representatives shall have the
- a criminal proceeding 2. Vice President 2. Treason exclusive power to initiate all cases of
against a public officer, 3. Chief Justice and Associate 3. Bribery impeachment
before a quasi-judicial Justices of the Supreme Court 4. graft and corruption 2. A verified complaint for impeachment may be
political court, instituted by  Justices of 5. other high crimes filed by any Member of the House of
written accusation called Sandiganbayan 6. betrayal of the public trust. Representatives or by any citizen upon a
‘articles of impeachment 4. Chairmen and Members of the resolution of endorsement by any member
- a national inquest into the Constitutional Commissions Culpable violation of the Constitution – thereof
conduct of public men  CSC, COA, wrongful, intentional or wilful disregard or flouting 3. Included in the Order of Business within 10
- power of Congress to COMELEC of the fundamental law. Act must be deliberate session days, and referred to the proper
remove a public official for 5. Ombudsman and motivated by bad faith Committee within 3 session days.
serious crimes or  If the verified complaint is filed by at
misconduct as provided in - list is exclusive; may not be Treason – committed by a person who, owing least one-third of all the members of
the Constitution reduced or increased by allegiance to the Government of the Philippines, the House, the same shall constitute
legislative enactment levies war against it or adheres to its enemies, the Articles of Impeachment, and trial
Notes: - Special Prosecutor cannot giving them aid and comfort by the Senate shall forthwith proceed.
- impeachment case is conduct an investigation into [There is no need to refer the same to
deemed initiated when the alleged misconduct of a Bribery – acts or omissions in connection with the proper Committee.]
complaint (with the Supreme Court justice, with official duties in consideration of any offer, 4. The Committee, after hearing, and by a majority
accompanying resolution of the end in view of filing a promise, gift or present received by him vote of all its members, shall submit its report to
indorsement) has been filed criminal information against the House within 60 session days from such
with the House of him with the Sandiganbayan, Other high crimes – serious and enormous a referral, together with the corresponding
Representatives and as this would violate the nature to strike at the very life or the orderly resolution.
referred to the appropriate security of tenure of Supreme workings of the government 5. A vote of at least 1/3 of all the members of the
Committee Court justices. House shall be necessary either to affirm a
- an impeachment complaint - an impeachable officer who is Betrayal of public trust - ex. Negligence of favorable resolution with the Articles of
need not allege only one a member of the Philippine Bar duty, tyrannical abuse of authority, Impeachment of the Committee, or override its
impeachable offense; cannot be disbarred without malfeasance/misfeasance, favoritisim, contrary resolution. The vote of each member
multiple complaints may be first being impeached obstruction of justice shall be recorded
considered 6. No impeachment proceedings shall be initiated
- Rules of Court are not - list is exclusive; may not be reduced or against the same official more than once within
applicable to impeachment increased by legislative enactment a period of one year
cases because Senate is not - The acts which are impeachable 7. The Senate shall have the sole power to try
a court of Justice grounds must be committed in the and decide all cases of impeachment. When
- Congress shall promulgate performance of the official’s public sitting for that purpose, the Senators shall be on
its own rules; such rules office. oath or affirmation. When the President of the
need not be published in the Philippines is on trial, the Chief Justice of the
Official Gazette Supreme Court shall preside, but shall not vote.
- Issue on what is an A decision of conviction must be concurred in by
impeachable offense is at least two-thirds of all the members of the
purely political Senate.
- Impeachment proceeding is 8. Impeachment shall not extend further than
not judicial but political Removal from office and disqualification to hold
exercise any office under the Republic of the Philippines.
- HOR determines the But the party convicted shall be liable and
standard as to form and subject to prosecution, trial and punishment
substance of impeachment according to law.
complaint 9. Congress shall promulgate its rules on
impeachment to effectively carry out the
Judicial Review purpose.
Justiciable issues on impeachment
proceedings:
- manner of filing
a. verified complaint by any
Member of the House
b. by any citizen upon a
resolution of endorsement by
any member thereof
c. filed by at least one-third of all
the members of the House
- required vote to impeach
- limitation on initiating of
impeachment case (one year
bar)
OTHERS
Ill-gotten Wealth Restriction on Loans Statement of assets, liabilities and net Allegiance to the State and to the
 The right of the State to recover worth Constitution
properties unlawfully acquired by No loan, guaranty, or other form of financial
public officials or employees, from accommodation for any business purpose A public officer or employee shall, upon Public officers and employees owe the
them or from their nominees or may be granted, directly or indirectly, by any assumption of office and as often thereafter State and this Constitution allegiance at
transferees, shall not be barred by government-owned or controlled bank or as may be required by law, submit a all times, and any public officer or
prescription, laches or estoppels. financial institution to the President, Vice declaration under oath of his assets, employee who seeks to change his
 This provision applies only to civil President, the Members of the Cabinet, the liabilities and net worth. In the case of the citizenship or acquire the status of an
actions for recovery of ill-gotten Congress, the Supreme Court, and the President, the Vice President, the Members immigrant of another country during his
wealth and not to criminal cases. Constitutional Commissions, the of the Cabinet, the Congress, the Supreme tenure shall be dealt with by law.
Thus, prosecution of offenses Ombudsman, or to any firm or entity in which Court, the Constitutional Commissions and
relating, or incident to, or involving they have controlling interest, during their other constitutional offices, and officers of
ill-gotten wealth in the said provision tenure. the armed forces of general or flag rank, the
may be barred by prescription declaration shall be disclosed to the public
 Prescription period for ill-gotten in the manner provided by law.
wealth during Marcos regime – will
run after EDSA
COMPOSITION AND QUALIFICATIONS SALARY/DISQUALIFICATIONS/ JURISDICTION/POWERS

INHIBITIONS
SANDIGANBAYAN Composition Salary Exclusive original jurisdiction
- The present anti-graft court - Presiding Judge - Fixed by law Violations of:
known as the Sandiganbayan - 20 Associate Justices - May not be increased during  Anti-Graft and Corrupt Practices Act
shall continue to function and - 7 divisions of three members tenure  RA 1379 (ill gotten wealth)
exercise its jurisdiction as now each  Chapter II, Section 2, Title VII, Book II of the
or hereafter may be provided by - Quorum: 2 Same qualifications and inhibitions to that Revised Penal Code (bribery)
law. of Court of Appeals  Other offenses or felonies whether simple or
Notes: Qualification complexed with other crimes committed by the
- In case private individuals are  Natural-born Filipino public officials and employees
charged as co-principals,  At least 40 years old  Civil and criminal cases filed pursuant to and in
accomplices or accessories  Member of the Philippine Bar connection with Executive Order Nos. 1, 2, 14
with the public officers or  10 years or more as a judge of a and 14-A, issued in 1986
employees, including those lower court or has been engaged
employed in government-owned in the practice of law in the PHL Petitions for Issuance of:
or controlled corporations, they for the same period  writs of mandamus
shall be tried jointly with said  prohibition
public officers and employees Term of office  certiorari
in the proper courts which shall  Hold office during good behavior  habeas corpus
exercise exclusive jurisdiction until they reach the age of 65 or  injunctions
over the become incapacitated to
- may only prosecute civil and  other ancillary writs and processes in aid of its
discharge their duties appellate jurisdiction
criminal cases of public officers  Impeachable officer
done in official capacity  quo warranto
- can only prosecute cases of Appointment
GOCCs with original charters Exclusive appellate jurisdiction
- Appointed by the President Final judgments, resolutions, orders or RTC
Cases filed under RTC:
In case of vacany  does not allege any damage to the government
Judicial Review - Presiding Justice of
- Final orders and resolutions are or any bribery
Sandiganbayan may designate
subject to judicial review by the  bribery does not exceed 1M
an Associate Justice of the
Supreme Court by certiorari  In cases where none of the accused are
Sandiganbayan; precedence is
(grave abuse) occupying positions
observed; appointment is on
 corresponding to Salary Grade '27' or higher
strict rotation
Public officers covered:
I. Members of Congress
II. Members of the judiciary
III. Chairmen and members of the Constitutional
Commissions
IV. All other national and local officials classified as
Grade '27' and higher
V. Public officers under the executive branch with

SG27 or higher:
a. Provincial governors, vice-governors, members
of the sangguniang panlalawigan, and provincial
treasurers, assessors, engineers, and other
provincial department heads;
b. City mayors, vice-mayors, members of the
sangguniang panlungsod, city treasurers,
assessors, engineers, and other city department
heads; aHICDc
c. Officials of the diplomatic service occupying the
position of consul and higher;
d. Philippine army and air force colonels, naval
captains, and all officers of higher rank;
e. Officers of the Philippine National Police while
occupying the position of provincial director and
those holding the rank of senior superintendent
and higher;
f. City and provincial prosecutors and their
assistants, and officials and prosecutors in the
Office of the Ombudsman and special
prosecutor;
g. Presidents, directors or trustees, or managers of
government-owned or controlled corporations,
OMBUDSMAN Composition Rank and Salary Functions:

- Ombudsman also known as  The Ombudsman and his 1. Has primary jurisdiction of preliminary
Notes: Tanodbayan Deputies shall have the same investigation over cases cognizable by the
- may delegate fact finding - Over all Deputy ranks, salaries and privileges as Sandiganbayan
powers to NBI - One Deputy each for: the Chairman and members, 2. Investigate any act or omission of any public
- exercises both criminal and  Luzon respectively, of a Constitutional official, employee, office or agency which
administrative jurisdiction  Visayas Commission. appears to be illegal, unjust, improper, or
- may prosecute cases of public  Mindanao  Their salaries shall not be inefficient. This may be done by the Ombudsman
officers even if such cases are  Military establishment decreased during their term of on its own or upon complaint.
done outside the official act of Office 3. Direct any public official or employee, or any
the public officer Qualification government subdivision, agency or
- Ombudsman has full discretion  Natural-born Filipino Prohibitions and Disqualifications instrumentality, as well as of any government-
to determine whether or not a  At least 40 years old shall not, during their tenure: owned or controlled corporation with original
criminal case should be filed  Members of the Philippine Bar  hold any other office or charter:
with Ombudsman or  Must not have been candidates employment. a. To perform and expedite any act or duty
Sandiganbayan. But once the for any elective office in the  directly or indirectly practice any required by law, or
case has been filed in immediately preceding election other profession, participate in b. To stop, prevent, and correct any abuse
Sandiganbayan, Ombudsman  Judge or engaged in the practice any business, or be financially or impropriety in the performance of
has no longer full control of the of law for ten years or more interested in any contract with, or duties
case in any franchise, or special 4. Direct the officer concerned:
- can only prosecute cases of Appointment privilege granted by the a. To take appropriate action against a
GOCCs with original charters Government or any subdivision,
- can review and reverse findings Ombudsman agency or instrumentality thereof, public official or employee at fault, and
of the City Fiscal - Appointed by the President from including government-owned or b. To recommend the latter’s removal,
- election offenses are not under a list of at least 21nominees controlled corporations or their suspension, demotion, fine, censure, or
Ombudsman but COMELEC prepared by the Judicial and Bar subsidiaries prosecution, and
- complaints need not be in a Council  shall strictly avoid conflict of c. To ensure compliance therewith.
formal manner; a complaint in - from a list of three (3) nominees interest in the conduct of their
5. Direct the officer concerned, in any appropriate
any form or manner is for each vacancy thereafter office.
case, and subject to such limitations as may be
sufficient - which shall be filled within three  not qualified to run for any office provided by law, to furnish it with copies of
- Congress may add powers to (3) months after it occurs each of in the election immediately documents relating to contracts or transactions
the Ombudsman which list shall be published in a following their cessation from entered into by his office involving the
- Ombudsman has the newspaper of general circulation office. disbursement or use of public funds or
constitutional power to  not allowed to appear or practice properties. The Ombudsman can also report any
directly remove from Deputies before the Ombudsman for two irregularity to the Commission on Audit for
government service an erring - deputies and other officials and (2) years following their appropriate action.
public official, except employees shall be appointed by cessation from office.
6. Request any government agency for assistance
Members of Congress or of the Ombudsman according to  No spouse or relative by
the Judiciary Civil Service Law and information necessary in the discharge of its
consanguinity or affinity within responsibilities, and to examine, if necessary,
- Court of Appeals may not issue the fourth civil degree and no
a TRO against the Ombudsman Term of office pertinent records and documents.
law, business or professional
because it will undermine the - seven (7) years without partner or associate of the 7. Publicize matters covered by its investigation
independence of Ombudsman reappointment Ombudsman, his Deputies or when circumstances so warrant and with due
(Carpio-Morales v CA) - Ombudsman is an impeachable Special Prosecutor within one (1) prudence.
officer year preceding the appointment 8. Determine the causes of inefficiency, red tape,
Judicial Review - Deputies are subject to removal may appear as counsel or agent mismanagement, fraud, and corruption in the
Administrative Proceedings by the Ombudsman on any matter pending before the Government and make recommendations for
Decisions or resolutions of the Office of the Ombudsman or their elimination and the observance of high
Ombudsman in administrative cases transact business directly or standards of ethics and efficiency.
absolving the respondent of the charge In case of vacancy indirectly therewith. 9. Promulgate its rules of procedure and exercise
or imposing upon him the penalty of - Overall Deputy shall serve as  This disqualification shall apply such other powers or perform such functions or
public censure or reprimand, suspension Acting Ombudsman in a during the tenure of the official duties as may be provided by law
of not more than one month, or a fine concurrent capacity until a new concerned. This disqualification 10. Administer oaths, issue subpoena and subpoena
equivalent to one month salary, is final Ombudsman shall have been likewise extends to the law, duces tecum, and take testimony in any
and unappealable appointed for a full term business or professional firm for investigation or inquiry, including the power to
- In case the Overall Deputy the same period. examine and have access to bank accounts and
Appeals from decisions of the Office of cannot assume the role of Acting records;
the Ombudsman in administrative Ombudsman, the President may
11. Punish for contempt in accordance with the
disciplinary cases should be taken to the designate any of the Deputies, or
Rules of Court and under the same procedure
Court of Appeals under the provisions of the Special Prosecutor, as Acting
and with the same penalties provided therein;
Rule 43 Ombudsman.
12. Delegate to the Deputies, or its investigators or
Penal Proceedings representatives such authority or duty as shall
In all other cases, the decision shall ensure the effective exercise or performance of
become final after the expiration of 10 the powers, functions, and duties herein or
days from receipt thereof by the hereinafter provided;
respondent, unless a motion for 13. Investigate and initiate the proper action for the
reconsideration or a petition for review is recovery of ill-gotten and/or unexplained wealth
filed with the CA pursuant to Rule 43 of amassed after February 25, 1986 and the
the Rules of Court. prosecution of the parties involved therein
SC – certiorari; grave abuse Powers:

Disciplinary Powers over Public Officers
General rule:
- The Office of the Ombudsman has disciplinary
authority over all elective and appointive officials
of the government and its subdivisions,
instrumentalities and agencies, including
Members of the Cabinet, local government,
government-owned or controlled corporations
and their subsidiaries.
- The disciplinary power of the Ombudsman is not
exclusive but is shared with other disciplinary
authorities of the government.
 Public school teacher – with DepEd
- The disciplinary power of the Ombudsman over
elective officials is concurrent with the power
vested in the officials specified in the Local
Government Code of 1991.
- Has concurrent jurisdiction with sangguniang
bayan regarding barangay officials
Exception: The Ombudsman has no disciplinary power

over the following:
(a) Officials who may be removed only by
impeachment
(b) Members of Congress
(c) Members of the Judiciary
Exception to the Exception:

However, the Office of the Ombudsman has the power to
investigate any serious misconduct in office committed by
officials removable by impeachment, for the purpose of
filing a verified complaint for impeachment, if warranted.
Power of Preventive Suspension

- The Ombudsman or his Deputy may preventively
suspend any officer or employee under his
authority pending an investigation, if in his
judgment:
a) the evidence of guilt is strong
b) the charge against such officer or employee
involves dishonesty, oppression or grave
misconduct or neglect in the performance of duty;
c) the charges would warrant removal from the
d) service;
e) the respondent's continued stay in office may
prejudice the case filed against him.
- The preventive suspension shall continue until

the case is terminated by the Office of the
Ombudsman but not more than six (6) months,
without pay, except when the delay in the
disposition of the case by the Office of the
Ombudsman is due to the fault, negligence or
petition of the respondent, in which case the
period of such delay shall not be counted in
computing the period of suspension herein
provided.
- Prior notice and hearing is not required before
suspension may be meted out. Suspension is not
a punishment or penalty but only a preventive
measure to prevent the respondent from using
his position or office to influence or intimidate
prospective witnesses or tamper with the records
which may be vital in the prosecution of the case
against them.
SPECIAL PROSECUTOR Composition Salary and Rank Exclusive Powers:

 Special Prosecutor  The Special Prosecutor shall  over those provided by law
Notes:  Prosecution Staff have the rank and salary of a  except those given to Ombudsman
 formerly known as the Deputy Ombudsman.
Tanodbayan Qualifications Under the supervision and control and upon the
 An organic component of the  Natural-born Filipino Prohibitions and Disqualifications authority of the Ombudsman, have the following
Office of the Ombudsman and  At least 40 years old  same as of the Ombudsman powers:
shall be under the supervision  Members of the Philippine Bar  To conduct preliminary investigation and
and control of the Ombudsman.  Must not have been candidates prosecute criminal cases within the jurisdiction of
for any elective office in the the Sandiganbayan;
immediately preceding election  To enter into plea bargaining agreements; and
 Judge or engaged in the practice  To perform such other duties assigned to it by
of law for ten years or more the Ombudsman.
Appointment
 Appointed by the President
Term of Office
 seven (7) years without
reappointment
 Subject to removal by the
President

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MATEO NOTES Constitutional Law 1

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Constitutional Law I Mary Evielyn N.

Part I - Introduction founded, and regulates the division and exercise of

Advantage of the Constitution – permanence; c. 1986 Freedom Constitution

Yes. There are instances when the entirety of the

provisions, it will alter the basic principle of the

bound by common social origin, language, customs

Philippines exercises sovereignty or jurisdiction,

It is a government of right. It has rightful title but no power or

Constituent functions are the basic functions of the DE FACTO GOVERNMENT

Republic of the Philippines established by the

(non political unless changed by the continue in

JUDICIAL They are valid during Still valid

Doctrine of Jus Postliminium

It is used for de facto government of the third kind – belligerent

- State is an interpleader/intervenor in a case – in Hypothetical cases:

No. In Sanders v Veridiano, it is an exception to the rule

suit against the state. If the government official is sued - Elections

- sovereign immunity 13. Preamble – “Almighty God” Does it signify favouring a

-Abdication of political power in favour of an

21. What is public interest?

Part VI – Delegation of Powers - Tariff powers to the President

Plebiscite – electoral process by which an initiative on

Power of Subordinate Legislation Conditions for Emergency Powers

e. Flood - The said powers must be exercised only during a

16. Why it is still necessary for Congress to define what is an

25. What is a sufficient standard? “What to do”

26. How sufficient is a standard?

27. What is the completeness test?

It must be complete in itself, it must set forth therein the

Part V – Separation of Powers Relationship of the three departments.

Doctrine of Implication – based on the theory that the grant of

DEPARTMENT WHO EXERCISES POWER OVER LAWS President

Judiciary JUSTICIABLE QUESTION POLITICAL QUESTION

Ordinance Powers – he can issue: Executive orders,

by law to appoint inaction)

- essentially the discretionary power and must be performed

Doctrine of qualified political agency (alter ego principle)

Doctrine of exhaustion of administrative remedies

President – before seeking judicial relief

Suspension of Article VII, Section 18 Writ of Habeas Corpus Grounds:

- The Supreme Court may review, in an appropriate

offender, including accessory disabilities.

Borrowing power Article VII, Section 20

The President may contract or guarantee

Treaties v Executive Agreements Treaties and international agreements are subject to

Sec. 5, Art. VIII [Sec. [Sec. 11, Art. VIII]

- a retired justice of the banc or in division may be modified or

Secretary ex-officio ORIGINAL JURISDICTION APPELLATE JURISDICTION

for an examination of the probative is a remedy available to any person

COMPOSITION AND QUALIFICATIONS SALARY/DISQUALIFICATIONS/ JURISDICTION/POWERS

V. Public officers under the executive branch with

OMBUDSMAN Composition Rank and Salary Functions:

SC – certiorari; grave abuse Powers:

Exception: The Ombudsman has no disciplinary power

Exception to the Exception:

Power of Preventive Suspension

- The preventive suspension shall continue until

SPECIAL PROSECUTOR Composition Salary and Rank Exclusive Powers:

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