CONSTITUTIONAL LAW 1 Osmena v.

Comelec
Atty. Renato Galeon RA 1756 sought to amend some provisions of Art 18
Reviewer by: Tanya Ibanez Transitory provisions of the 1987 Constitution but it was
declared unconstitutional by the Supreme Court because
POLITICAL LAW our Constitution is a rigid one, which cannot be amended
Branch of public law which deals with the organization by a simple legislation.
and operations of the governmental organs of the State
and defines the relations of the State with the Flexible
inhabitants of its territory. A kind of Constitution that can easily be amended by
ordinary legislation.
CONSTITUTIONAL LAW
Study of the maintenance and the proper balance THE PHILIPPINE CONSTITUTION IS
between the authority represented by the three inherent A written, enacted and rigid Constitution. WRITTEN as it
and coercive powers of the State (eminent domain, is one whose precepts are embodied in one document. It
police power, power of taxation) vis-à-vis the liberties of is ENACTED as it is formally struck off at a definite time
individuals as guaranteed under Article 3 of the 1987 and place following a conscious or deliberate effort
Constitution. taken by the people through plebiscite. It is RIGID
because it cannot be changed by ordinary legislation but
Focal point of the study: only by a more cumbersome process of change (through
The 1987 Constitution with cross-referencing to the 1935 initiative and referendum).
and 1973 constitutions
Congress cannot pass a law with the end in view of
WHAT IS A CONSTITUTION? amending the Constitution. Any such law contrary to the
Constitution is the body of rules and maxims in Constitution should be inviolated, for the Constitution is
accordance with which the powers of sovereignty are the supreme law of the land to which all laws must
habitually exercised. conform and all persons must defer.

CONSTITUTION is the written instrument enacted by Since our Constitution is rigid

the direct action of the people by which the fundamental Congress cannot amend any of the provisions by
powers of the government are established, limited and enacting law seeking to change them. Any purported
defined and by which those powers are distributed change or amendment must strictly comply with the
among the several departments for their safe and useful process outlined under Article 17 of the 1987
exercise for the benefit of the body politic. Constitution.

KINDS OF CONSTITUTION Advantage of a Rigid Constitution

It can withstand capricious changes or those that are
brought not be legitimate needs but by passing whims
▪ Written v. Unwritten and fancies. Hence, our politicians cannot just tinker the
provisions thereof easily, in accordance with their whims
▪ Enacted v. Evolved and fancies.
▪ Rigid v. Flexible
Disadvantage of a Rigid Constitution
It will hinder progress, instead of spurring it because it is
Written difficult to amend if there is a legitimate need to bring
The provisions are written but it is not the only about a change.
description. The provisions are embodied in a single
instrument or set of documents. CHARACTERISTICS OF A GOOD-WRITTEN
CONSTITUTION
Unwritten
Does not necessarily mean that its provisions are not Broad
written. The provisions are NOT embodied in a single Should not only provide for the organizations of the
instrument or set of documents and are scattered in government and cover all things or persons within its
various sources. (e.g. judicial decisions, statutes, territory, but should also be comprehensive to provide
customs and traditions, opinions of jurists) for contingency. It should not be like a history book. It
should not only be an embodiment of a past, but must be
Examples of countries with an unwritten able to anticipate the future.
Constitution: 1. England
2. New Zealand Brief
3. Saudi Arabia It should limit itself to the basic principles sought to be
4. Australia implemented, leaving others to be supplemented by laws
to be enacted by Congress. Should not be a codification
Enacted or Conventional of laws.
Formally adopted at a definite time and place following a
conscious effort of the body politic or a ruler. There is Definite
formal adoption of the constitution, normally done in a It should be clear and easily understood by the ordinary
plebiscite. people.

Evolved or Cumulative ESSENTIAL PARTS OF A GOOD-WRITTEN

A product of political evolution. It is not formally adopted CONSTITUTION
at a definite and place and not formally ratified by the
people. (e.g. England, Ireland, Australia) Constitution of Liberty
Refers to the part of the Constitution which sets forth the
Rigid fundamental, civil and political rights of the people and
A kind of Constitution that can be amended only by a imposes limitations in the exercise of government
formal and usually difficult process. powers if only to secure the enjoyment of the civil and
political rights of the people.
Case in point:
 Constitution, then it shall be regarded as a revision.
▪ Article 3 - Bill of Rights There was an attempt to shift the government from
presidential to parliamentary and from bicameral
Constitution of Government Congress to unicameral. The SC characterized the
Refers to the part of the Constitution outlining the change to be a revision because by allowing such would
organization of the government, enumerating the powers alter the underlined principle in the Constitution.
of the government, laying down rules for its
administration and defining the illiterate. WAYS TO AMEND AND REVISE THE CONSTITUTION

▪ Article 6 – Legislative Department Follow the amendatory process as outlined in Article 17

of the 1987 Philippine Constitution
▪ Article 7 – Executive Department
Two stages:
▪ Article 8 – Judicial Department
1.Proposal stage – Proposed changes are being
▪ Article 9 – Constitutional Commissions (COMELEC formulated.
CSC, COA)
Who can propose amendments or revisions?
Constitution of Sovereignty
Refers to the part of the Constitution which outlines the a. Congress (Sec 1 Art 17)
process by which the Constitution may be amended or Amendments and Revisions
revised. Vested with the power to amend and revise the
1987 Constitution and it needs ¾ votes of all its
members, voting separately.
▪ Article 17 – Amendments or Revisions
The Congress, however, cannot do this in the
RULES IN INTERPRETATION OF THE PROVISIONS exercise of their legislative power. It has to
transform itself into a constituent assembly with
Verba legis the primary task is to bring about change in the
If we are to interpret the provisions of the Constitution, Constitution.
ordinary words should be given ordinary meaning. Constituent Assembly – composed of the
(textualist approach) members of the Congress

Ratio legis et anima b. Constitutional Convention (Sec 1 Art 17)

When there is doubt or ambiguity in interpreting the Amendments and Revisions
provisions of the Constitution, it should be interpreted in Composed of persons who are not members of
accordance with the intent of the framers. (spirit and the Congress. The members are elected at large
purpose of the law) But if the wordings are clear, no on the basis of their expertise of Constitutional
need to apply this principle. law. A body distinct and separate from the
Congress and Constituent Assembly.
Case in point: Francisco v. House of Representatives
Involves the impeachment of former Chief Justice Who can create this body? (Sec 3 Art 17)
Davide The Congress by a vote of 2/3 of the members,
voting separately, can call the Constitutional
Ut magis valeat quam pereat Convention. But if the members of the Congress
The Constitution has to be interpreted as a whole. are unable to decide whether or not to call the
Related provisions of the Constitution must be ConCon, then by a majority vote, they can ask
interpreted altogether. Provisions dealing with the same the people through a referendum.
subject matter should be construed as a whole, if only to
effectuate the meaning thereof. Where there is a Question: If the Congress decides to call the
seeming inconsistency between some of the provisions, ConCon by a vote of 2/3 and enacts a law for
there should be a conscious attempt to harmonize such the same purpose, but after which, it enacts a
conflicting provisions, if only to give meaning to them. subsequent law providing for the details of the
composition of the ConCon by a majority vote, is
Case in point: Bayan v. Zamora the subsequent law valid?

Take Note: Imbong v. Comelec

In interpreting the provisions of the Constitution, the The Supreme Court ruled that the subsequent
provisions should be regarded as self-executing law which merely deals with the details of the
provisions. composition of the ConCon is valid even if the
same is approved by the simple majority vote of
Self-executing provisions the members of Congress. What is important is
Applicable and enforceable at once, without need of that the first law calling the ConCon was
supplementing or enabling laws to be enacted by approved by the required 2/3 votes of the
Congress. (e.g. Article Bill of Rights) members of Congress.

PROCESSES OF CHANGING THE CONSTITUTION Assuming further that pursuant to the first law
enacted by Congress, the ConCon was
1. Amendment – A piecemeal or isolated changes convened. How shall ConCon be regarded in
of some provisions of the Constitution. relation to Congress? Is ConCon superior or
2. Revision – Complete rewriting or overhaul of the inferior to Congress?
Constitution.
▪ Loomis v. Jackson
Lambino v. Comelec
The Supreme Court succinctly ruled that even if the ConCon is superior to the Congress because
purported change appears to be isolated in character, its task is to draft the fundamental law of the
but if it already alters the underlined principle in the land, a sovereign function.
 (4)Limited only to amendments and not to
▪ Wood’s Appeal revisions
ConCon is inferior to the Congress because it
is merely a creation of Congress. (5)Petition to amend the constitution should be
signed by the people themselves as authors
▪ Frantz v. Autry and the draft amendments should be stated
already in the petition
ConCon is independent and co-equal with the
Congress as long as it exists and confines Lambino v. Comelec
itself within the sphere of its jurisdiction of The Supreme Court held that any such
revising or amending the Constitution. petition to amend the Constitution should be
signed by the people themselves as authors
But what principle do we adhere to in the and the draft amendment or amendatory
Philippines? provisions shall be incorporated already in the
petition so as to prevent fraud and deception.
Mabanag v. Lopez Vito
ConCon is a co-equal body with Congress. 2.Ratification stage – the proposed amendments or
revisions either sponsored by the Congress, ConCon
Sec 1 in conjunction with Sec 3 of Art 17 – Congress or proposed by the people themselves should be
may propose amendments to the Constitution by itself submitted to the people in a plebiscite for their
or it can call a ConCon. approval or disapproval.

When what is envisioned is a mere amendment, the (Sec 4 Art 17)

proposal is better made by the Congress because Ratification should not be held earlier than 60 days but
calling a ConCon would entail gargantuan expense. not later than 90 days following the approval of the
proposed/draft changes as authored either by
When what is envisioned is a revision or an overhaul of Congress or ConCon. But if the proposed changes are
the entire Constitution, it is advisable to entrust the task authored by the people, then the 60 to the 90 day
to the Constitutional Convention, owing to the period should be counted not from the filing of petition
presumed expertise of its members. by the people but upon the issuance by the Comelec of
a certification attesting to the fact that the people’s
At the end of the day, the choice in the method of petition is sufficient in form and in substance.
proposal is left to the sound judgment or discretion of
the members of the Congress. Such that while it is Why is there a need for a definite time-frame? Because
advisable of giving the task of revision to the ConCon, the framers of the 1987 constitution did not want
there is nothing in law which prohibits the Congress recurrence of what happened in the past where there
from undertaking the task itself. were cases that were filed questioning the propriety of
submitting the proposed amendments for ratification by
Gonzalez v. Comelec the people.
The Supreme Court ruled that the Congress can do
both. While it is at best advisable for Congress to call Sanidad v. Comelec
the ConCon when the envisioned change partakes of One of the issues was that according to Sanidad, the
the nature of a revision, there is nothing in law which people were only given 21 days within which to study
prohibits the Congress from undertaking the task itself. and deliberate on the proposed changes and according
to him, 21 is too short for such important issues to be
c. People’s Initiative (Sec 2 Art 18) discussed and intelligently studied by the people.
Only Amendments
A new concept introduced to the 1987 Almario v. Alba 157 SCRA 69
Constitution allowing the people to propose by This case involves several amendments and one
themselves some amendments to the Constitution amendment pertaining to the acquisition of private
through the system of initiative. properties through the method called grant would be
deliberated by the people within a
This is subject to some limitations, however. period of just 67 days. Whereas the other proposed
amendment dealing with urban land reform provides
Limitations: only for 42 days. A petition was brought questioning
the propriety of the submission to the people of the
(1)Voting requirement – Petition must be proposed amendment.
supported by at least 12% of the registered
voters with 3% per legislative district The Supreme Court held that 21 days is enough
because under the old Constitutions, it was uniformly
(2)Can only be availed once every 5 years. stated that ratification must be held not later than 3
months.
(3)Needs an enabling law to be enacted by
Congress. Hence, mindful of the rulings in the cases, the framers
of the 1987 Constitution already set a definite time
frame.
Santiago v. Comelec
RA 6735 was declared as an insufficient Tolentino v. Comelec
enabling law to govern the system of initiative ConCon was called pursuant to resolutions of both
to amend the Constitution. houses No. 2 and 4 issued an Organic Act No. 1
submitting to the people in advance one amendment
Lambino v. Comelec lowering the voting age from 21 to 18. The Supreme
Upon motion for reconsideration, RA 6735 Court succinctly ruled that piecemeal submission of
was held to be a sufficient enabling law to amendments for ratification of the people is not
govern the system of initiative. The ruling allowed. It should be submitted to the people as a
overturned its earlier pronouncement in whole.
Santiago v. Comelec.
Gonzales v. Comelec
 The Supreme Court ruled that ratification may be However, in the recent cases
conducted on the same day as the general elections. But in the recent cases of Tolentino v. Comelec, Tanada
It does not have to be special elections, it may be v. Cuenco Gonzalez v. Comelec, Sanidad v. Comelec,
synchronized with a general election. Santiago v. Comelec and Lambino v. Comelec, the court
now has the power to pass judgment on any issue
This was heavily criticized because according to questioning the amendatory process by which any
jurists, there should be a separate election or proposed changes in the Constitution are to be
plebiscite for that purpose. But this ruling was introduced. In reviewing the amendatory process
reiterated in another case. pursuant to a case being filed, the court is exercising the
power of judicial review.
There was an amendment sponsored by Congress to
increase the composition of its members from 120 to Hence, the Mabanag ruling is now abandoned.
180, but there were two other resolutions of both
houses No. 2 and 4 calling the ConCon. Judicial Review
The power of the courts of justice to check the validity of
The question is: If the SC allowed the people to vote executive and legislative acts whether or not they are in
on the amendment proposed by the Congress, then accordance with the Constitution. Through this power,
the people are expected to vote again in a later time courts of law are now empowered to inquire into the
to the amendments proposed by the ConCon. Is this validity of executive and legislative acts to check if these
not also a piecemeal submission of amendments acts are in conformity with the Constitution.
which the SC declared to be invalid in Tolentino v.
Comelec? In the exercise of judicial review, the Judiciary as a
whole is not asserting its supremacy as it is not supreme
How to reconcile the two cases: over the other two branches, but it is merely performing
In the case of Gonzales, what are voted upon by the its bounden duty under the Constitution to allocate
people were the amendments proposed by Congress, conflicting claims of authority.
whereas the remaining amendments would have to
be proposed not by the same body, but by another, Hence, when the Judiciary performs its judicial power, it
the ConCon. And normally it would take time before is not asserting its supremacy but that of the Constitution.
the ConCon could come up with the proposed
changes in the Constitution. Judicial review is only a part or component of judicial
power.
Unlike in the case of Tolentino v. Comelec, the
proposed amendments were all proposed by the JUDICIAL POWER (Art 7 Sec 1, 2nd par)
same body, the Constitutional Convention. Power of the court to settle actual controversies
involving rights which are legally enforceable and to
Occena v. Comelec determine whether or not there is grave abuse of
The Supreme Court ruled here is nothing wrong in discretion amounting to lack or excess of jurisdiction of
allowing the people to vote on the proposed any branch or instrumentality of the government.
amendments on the same day as the general
elections. Expanded concept of judicial review
A new concept introduced in the 1987 constitution where
JUDICIAL REVIEW courts of law are now empowered to scrutinize even the
The amendatory process in bringing about a change in discretionary powers given to other branches, if only to
our Constitution is outlined under 15 of the 1987 determine whether or not there is grave abuse of
Constitution. Assuming that there is a move to amend the discretion amounting to lack or excess of jurisdiction
Constitution by the Congress and there is a case being
filed questioning the procedure adopted by Congress in Does this expanded concept of judicial review obliterate
proposing amendments to the Constitution, can the what is known as political question? Can the courts now
courts of law take cognizance of this case or should this pass judgments on these issues characterized as
issue be characterized as a political question? political questions?

The Supreme Court ruled that the court is powerless to Distinguish between a purely political question and what
resolve this kind of case because any such issue could is not.
well be characterized as a political question over which it A purely political question is beyond the sphere of
has no competent jurisdiction. judicial scrutiny. Hence, courts of law are not
empowered to decide those questions which are
Mabanag v. Lopez Vito categorized as purely political questions. Otherwise, if it
There was a purported change or amendment to be is not a purely political question, there is a good chance
introduced to the old Constitution regarding parity rights, that such issue may be decided by the court.
giving rights to foreigners to own lands in the Philippines.
The amendments were proposed by the Congress itself (e.g. elections for choosing the president – purely
but in the course of the deliberation of the purported political question, but when his presidency is protested, it
amendment, there were 3 senators who were not can be validly decided by the Supreme Court and
allowed to vote and were not included in the computation because it has nothing to do with wisdom of choice and
of the required vote of ¾. Similarly, there were also something to do with procedure in elections)
around 8 congressmen who were suspended and not
allowed to vote during the deliberation and excluded in Assuming that the Congress proposed an amendment
computing the required vote of ¾. lowering the voting age from 21 to 18, can the courts of
law dictate upon us that such proposed amendment is
A case was filed questioning the method by which such not sound?
amendment was introduced. It was contented that if they
factor in the 3 senators and 8 congressmen, then the No, it is a purely political question because it has
amendment was invalidly adopted because it fell short of something to do with the wisdom of the proposed
the voting requirement. amendment. But whether or not such proposed
amendment was validly submitted to the people for their
The Supreme Court ruled that it had no power to resolve approval, then it can be decided by the courts because it
such issue, it being characterized as a political question. ceases it to a purely political question.
POLITICAL QUESTION IBP v. Zamora
Pres Erap exercised his calling out power and the
Tanada v. Cuenco SC reviewed his exercise of calling out power, to
That question which under the Constitution can be best determine if there has been grave abuse of
answered by the people in their exercise of sovereignty discretion amounting to excess or lack of jurisdiction.
and in regards to which, full discretionary powers are
given to other branches of the government. Osmena v. Comelec
The SC checked the validity of RA 7056 which was
Are the lower courts also empowered to exercise passed by Congress with the end in view of
judicial review? Can they declare a law amending some provisions of Art 18. The SC held
unconstitutional? that the law was unconstitutional.
Yes. They have the power and competence to declare a
law unconstitutional pursuant to Art 8, sec 5, par 2, sub Serrano v. Maritime Gallant Services
par (a). Lower courts have the authority to resolve or The SC checked the validity of Section 10, par 5 of
decide on the validity of a law, only that their decisions RA 8042 and declared the provision unconstitutional
may still be reviewed, reversed, and modified by the for being violative of the equal protection clause.
Supreme Court on appeal or certiorari.
2. Legitimating Function
Ynot v. Intermediate Appellate Court
Estrada v. Arroyo
What happens if after the release of judgment of The SC stamped legitimacy to the Arroyo
lower court invalidating a law, not one of the parties administration. There was a dispute whether or not
filed a case on the decision? Would such declaration Arroyo validly succeeded as the President of the
necessarily bind the whole world or just the parties? Phils. The SC held that Arroyo validly became the
It only binds the parties. It is only when such decision is successor of Erap. (Justiciable question)
affirmed by the Supreme Court that it will become
binding upon the whole world, because only decisions of In re Saturnino Bermudez
the Supreme Court would form part of the laws of the The SC refused to resolve the issue of whether or
land, under the principle of Stare Decisis. Hence, not the Aquino administration was a legitimate
decisions of lower courts and even the CA are not administration. (Political question)
binding upon the whole world. At best, said decisions
may only be considered persuasive. How to reconcile the two cases:
It has something to do with the manner by which
However, Arroyo and Aquino became the president. In the
JM Tuason v. Court of Appels case of Aquino, she became the president not by
The SC held that the CA had no jurisdiction to decide on virtue of the Constitution, but through extra
the validity or invalidity of RA 2616, a law authorizing the constitutional means via the people power. Her
expropriation of the Tatalo estate. This was questioned government was a revolutionary government. In fact,
before the CA by Rosefe and Dizon, the losing the first declaration that she issued was that her
defendants in the ejectment cases. In connection with administration was constituted in defiance of the
the certiorari filed by the Rosefe and Dizon, the CA 1973 Constitution.
issued an injunctive writ, seeking to enjoin the
enforcement of the writ issued by the lower court. Whereas, in the case of Arroyo, she became the
president by virtue of the 1987 Constitution. In fact,
In nullifying the writ issued by the CA, the SC held that she swore to defend the 1987 Constitution.
the CA had no jurisdiction to decide on the
constitutionality of RA 2616. The CA acted without 3. Symbolic Function
authority in granting the injunctive writ because the rule
before, the CA can only validly issue injunctive writs in
Salonga v. Cruz Pano
connection with an appeal, and never in connection with
Before the SC could decide the case petition filed by
a certiorari. Hence, the CA acted beyond the scope of its
Salonga, the criminal information charging Salonga
authority in granting the injunction.
with subversion was already dismissed upon order
of the Sec of Justice. Despite the withdrawal of the
But the rules now pursuant to 1997 RCC, Rule 65,
criminal case against Salonga, the SC decided the
the CA is now empowered to issue an injunctive writ
case on the merits because the SC saw the need to
even in connection with a certiorari. formulate doctrinal precepts for the guidance of the
bench and the bar in respect to the determination in
Requirements the absence or presence of probable cause.
When the validity of a law is put in issue Symbolic in a sense that there was no longer actual
A copy of the petition or complaint questioning the case or controversy, but just the same, the case was
validity of the law must be furnished with the office of the still decided on the merits by the SC.
Solicitor-General, being the counsel for the State.
Because the Sol-Gen will defend the validity of the law There is no doubt that lower courts and the
being assailed of as invalid. Supreme Court can exercise judicial review, but
courts cannot automatically take on the case and
When what is being questioned is not a law enacted by decide the same
Congress, but rather a provision of an ordinance A copy Because courts of justice are passive instruments, in
of the petition need not be furnished with the office of the a sense that they can only act when their jurisdiction
Sol-Gen. It is enough that the copy of the petition or is invoked as by filing the necessary complaint or
complaint is furnished with the provincial or city attorney. information. Hence, even if there is a legal problem
calling for the interpretation of an act in light of its
FUNCTIONS OF JUDICIAL REVIEW conformity with the Constitution, the courts of law
cannot automatically take cognizance of that legal
1. Checking Function problem. There has to be a case, complaint or
The Judiciary can check if the acts of the executive petition to be filed before the courts of law before
or legislative branch are in accordance of the they can act on the matter because they are passive
Constitution. instruments.
 But, even if a complaint or case is already filed, it Lacson. On May 6, she lifted the state of rebellion
does not also follow that it will be decided on the and on that basis, the SC dismissed the petition of
merits. Any such case which poses a legal question Lacson on the ground that it was already moot and
or a question dealing with the validity or invalidity of academic because of the subsequent lifting of the
a law, may only be decided if the case complies with declaration of rebellion.
the essential requisites for a valid exercise of judicial
review. Exceptions:

FOUR ESSENTIAL REQUISITES OF JUDICIAL

REVIEW ▪ When the case presents a situation where
there is a grave or culpable violation of the
1.Existence of an actual case or controversy Before Constitution.
the courts of law can decide on a constitutional
question, there has to be a case and an actual case David v. Arroyo
or controversy. You cannot just go to court and ask They were arrested without a warrant of arrest
of for legal advisory opinion such as asking about during the state of national emergency was in
their opinion on the law of same sex marriage. force. Similarly, premises were searched
without a search warrant. Since there was a
There has to be actual conflict of interest and culpable violation of the Constitution, the SC
conflicting claims before the courts can validly act on decided on the merits of the case
a legal problem. notwithstanding the eventual lifting of the state
of national emergency by Pres. Arroyo.
Petition for declaratory relief – petitioner asking for a
declarative judgment to inquire into his rights or ▪ When the case presents an issue which is of
duties under a law, a contract, an ordinance, etc. An
action for declaratory relief may satisfy the paramount public interest
requirement on actual case because by filing the
petition, you are not merely asking for an advisory David v. Arroyo
because the law is there already, and what you are Issue posed is of grave importance to the
asking the court is to declare what your rights and public. Freedom of the press and expression.
duties under a law that is enacted. It is not therefore
similar to a legal advisory opinion. ▪ When there is a need for the courts of law to
formulate doctrinal precepts for the guidance
In re Saturnino Bermudez of the bench and the bar.
SC threw out the petition when it was a petition for
declaratory relief because under Rule 63, any
petition for declaratory relief must be filed only with Salonga v. Cruz Pano
the RTC and not directly with the SC, which is not Before the SC could decide the case petition
given the authority resolve petitions for declaratory filed by Salonga, the criminal information
relief at the first instance. Also, the issue of the case charging Salonga with subversion was already
partook of the nature of a political question. dismissed upon order of the Sec of Justice.
Despite the withdrawal of the criminal case
Follows that if a petition is filed prematurely, said against Salonga, the SC decided the case on
petition must be dismissed outright. the merits because the SC saw the need to
formulate doctrinal precepts for the guidance
of the bench and the bar in respect to the
Lozano v. Nograles determination in the absence or presence of
There was a House Res calling for the Congress to
probable cause.
convene to consider amending the Constitution.
Lozano questioned it already and the SC held that it
was rather premature for Lozano to file the petition ▪ When the issue in the case is capable of
because there was no showing that the Congress repetition yet evading review
would indeed convene to propose amendments to Alunan v. Mirasol
the Constitution. There was a dispute regarding the authority of
the DILG to supervise the SK elections. But
Montesclaros v. Colemec before the SC could decide on the case, there
There was a pending bill in Congress seeking to were already two SK elections that were
postpone the SK elections in 2002. This was conducted. Notwithstanding the mootness of
questioned by Montesclaros and those who would the case, the SC nonetheless decided the case
want to run as SK officers. When the bill was stll on the merits, if only to settle the issue once
pending, they already filed a petition seeking for the and for all.
declaration of the bill as unconstitutional.The SC
threw out the petition because the filing thereof is
still premature. ▪ When there are still other issues that are still
ripe for adjudication
Follows that if the case is already mooted by
subsequent events, said petition must be dismissed Malaluan v.Comelec
outright. Elections between Malaluan and Evangelista.
Before the SC could decide the case, the term
Gonzales v. Narvasa of office of the contested position had already
Before the SC could resolve the case, the PCCR expired. That could have rendered the case
already ceased to exist. The issue posed in the case moot and academic, but there was still another
became moot and academic with the cessation of issue that was still ripe for adjudication – the
the operation of the PCCR. damages, the salaries which the Comelec
directed Malaluan to pay to Evangelista.
Lacson v. Perez
On May 2001, Arroyo declared a state of rebellion in 2.Constitutional question must be raised by the
the city of Manila and this was questioned by Ping proper party
The person questioning the validity of an act must
have the legal standing. Otherwise, the petition will 1. Demonstrate that the act complained of would
be dismissed. infringe your prerogatives as a legislator.

Gonzales v. Narvasa Francisco v. House of Representatives

SC held that Gonzales had no legal standing to bring The validity of the second impeachment
the action because he was not claiming the position complaint filed against Davide. Francisco was
held by Narvasa. SC dismissed the petition. joined by other petitioners who were members of
Congress and their legal standing was upheld as
In re Saturnino Beermudez valid by the SC. SC said that as legislators, they
SC dismissed the petition because Bermudez had no had the right to question the illegal proceedings
legal standing to bring the action because he was not before the House of Reps, otherwise if the
claiming the positions held by ether Aquino or Laurel. proceedings will not be stopped, the petitioners
who are legislators would be made to participate
Alan Paguia v. Office of the President in a patently illegal impeachment proceedings.
Paguia filed a case questioning Gloria’s appointment
of Chief Justice Davide as the representative to the What should be established if you are suing as a
United Nations, for being violative of the Philippine voter or electorate?
Service Act of 1991 which mandates that the
mandatory retirement age of public officers is 65. SC 1. Demonstrate that the act complained of somehow
threw out the petition because Paguia had no legal infringe your rights as voter.
standing because he was not claiming the position
held by Davide. Nicolas Lewis v. Comelec
Nicolas Lewis was formerly a natural born
What should be established if you are suing as a Filipina, and then she migrated and got
private citizen? naturalized in the United States and became
American citizen. Later on, a law was enacted
1. Demonstrate that you suffered an injury or you RA 9225 Citizenship Re-Acquisition Act of 2003.
stand to suffer an injury by reason of the act She applied to re-acquire her Filipino citizenship
complained of. and her petition was granted, making her a dual
citizen from the viewpoint of a third state.
Serrano v. Gallant Maritime
He was aggrieved by the application of Sec 10 After which, she tried to register as a voter for her
par 5 RA 8042 because the monetary awards to be able to vote under the Absentee Voters’ Act
due him was limited only to just 3 months. He while she was in the US. But her application was
had the legal standing to bring the action. denied by the Comelec because only OFWs and
not migrants could avail of the Absentee Voters’
David v. Arroyo Act. She then filed a petition questioning the
He was arrested without a warrant, therefore, he decision of the Comelec.
had the legal standing to bring the action.
Her personality and legal standing was
Ynot v. Immediate Appellate Court questioned by the respondents but the SC held
He suffered damage by the outright confiscation that Nicolas Lewis had the legal standing to bring
of his carabaos. the action because her right as voter was
prejudiced by the decision of the Comelec in
What should be established if you are suing as a denying her application for registration as a
taxpayer? voter under the Absentee Voters’ Act.
1. Demonstrate that there was illegal disbursement
of public funds and that they were derived Can the government question the validity of its own laws?
pursuant to the taxing and appropriation power of
Congress. People v. Vera 65 Phil 56
There was this old commission act Act 4221 providing
Kilosbayan v. Morato that the act may be effective in provinces which could
The SC did not characterize the action as allocate the salaries of probation officers. Suggesting
partaking of a taxpayer’s suit because while that for provinces which could not afford the salary of a
admittedly the action involved disbursement of probation officer, the act may not be enforced in those
public funds, the funds were not derived from the provinces.
taxing or appropriation power of Congress but by
the operation of lotto. This was questioned by the office of the Solicitor
General contending that this was violative of the equal
protection clause. The legal position of the Sol-Gen was
Gonzales v. Narvasa
The SC did not characterize the action as questioned by accused Vera and according to him, the
partaking of a taxpayer’s suit because while the government cannot question the validity of its own acts.
action questions the disbursement of funds, the It is absurd.
funds did not come from Congress but from the
office of the President. The SC held that the state has the right to question the
validity of its own laws because more than anyone else,
it is the state which should be interested in seeing to it
Take Note:
that all its laws are valid and constitutional.
For a taxpayer suit to prosper, it is not enough
that the action involves illegal disbursement of
public funds. It needs to be established also that Can the Integrated Bar of the Philippines question the
the funds were actually collected by virtue of the validity of laws?
taxing power of Congress and that the same are
spent pursuant to the appropriation power of Bayan v. Zamora
Congress. SC held that the IBP does not have the legal standing to
bring the action, unless it can prove that any of its
What should be established if you are suing as a members suffered injury by reason of the act complained
legislator? of.
Take Note: The issue questioning the validity of an act should
As a rule: If a petition is filed by a person who has no be pleaded in the initiatory complaint or petition.
legal standing to bring the action, such petition must be Otherwise, when one fails to incorporate that issue
dismissed outright. in the complaint or petition itself, the issue may no
longer be taken up in the course of the trial and may
Exceptions: not be considered in the course of the revision of
There are instances wherein even if the case is filed by a decision nor on appeal.
person who has no legal standing to bring the same, the
case may still be decided by the courts of law. At the inception, you should already be questioning
the validity of an act or statute. Otherwise, it would
not be regarded as timely.
▪ When the issue of the case is of transcendental
importance, of great importance to the public. Umali v. Guingona
Upon the filing of certiorari, he did not question the
IBP v. Zamora validity of the creation of the Presidential
IBP was adjudged of having no legal standing to Commission on Anti-Graft and Corruption (PCAGC),
bring the petition but the SC decided the case the body which investigated him. It was only after
because it has something to do with the encountering an adverse decision, that on motion for
determination of whether or not President Erap reconsideration, he raised such issue.
really had the calling out power.
The SC characterized the issue to be untimely. The
Bayan v. Zamora SC should have raised such in his action for
Bayan was adjudged of having no legal standing certiorari.
to bring the action but the SC decided the case
just the same on the merits because it involved the Serrano v. Gallant Maritime
validity of the visiting forces agreement. Serrano did not raise the issue before the labor
arbiter, nor on appeal, but on motion for
reconsideration before the NLRC, and raised it again
▪ When what is asserted in a case is a public right.
before the CA. But nonetheless, the SC held that it
was still timely for Serrano to have raised the issue
Akbayan v. Aquino in filing the certiorari before the CA because
Akbayan filed a case asking that it be furnished a administrative bodies like NLRC have no power to
copy of the Japan-Philippines Economic declare a law unconstitutional. Hence, it would be
Partnership Agreement for them to scrutinize the useless for Serrano to raise such issue before the
terms and conditions. The SC held that Akbayan labor arbiter and NLRC, knowing that these bodies
had no legal standing to bring the action because do not have the authority to declare a law
it was not a party to the agreement, but unconstitutional.
nonetheless, the SC decided the case on the Exceptions:
merits, because Akbayan is asserting a public
right – right to public information Art 3 Sec 5, Art 2
Sec 28 transparency of governance. ▪ In criminal cases

▪ When the petition questioning the validity of an act Even if you did not at first raise a constitutional
is filed by way of a facial challenge issue, you can still raise such issue at the
subsequent stages of the proceedings at the
You can mount this petition by way of a facial discretion of the judge. If you are the accused
challenge if you are questioning the validity of a and you failed to question the validity of a law at
law because it is supposedly void for being vague the inception of the proceedings, you can still
or its scope is encompassing such that the same raise the same at the discretion of the judge.
may seemingly be valid if applied to the petitioner,
but the same would be invalid if applied to others. In civil cases, a constitutional issue may also be
raised at any stage if it is necessary in the final
A petition by way of a facial challenge normally determination of the case. Similarly in
can be lodged only if it has something to do with administrative proceedings, a constitutional issue
the freedom of speech and of the press. may also be raised if it has something to do with
the jurisdiction of the courts, except when
Chavez v. Gonzales estoppel comes in. (You already invoked the
Hello Garci tape. There was an attempt on the part decision of the court, you ask affirmative relief,
of the government through Sec. Gonzales to and later on you question that it has no
silence the media and prohibiting the airing of the jurisdiction of the case)
hello Garci tape. Hence, any publisher, radio or tv
station which would air out the hello garci tape 4. Any such question or issue must be decisive of
may be penalized and their franchise may be the case.
cancelled.
The issue must be decisive or must be the lis mota of
This was questioned by Frank Chavez, the former the case. It is controlling, or it is necessary to resolve
Solicitor-General for being violative of the freedom the issue, otherwise, the case may not be validly
of speech and expression. His personality to bring decided. Normally, even when the case involves a
the action was challenged by the respondents. constitutional issue, if the courts can decide that case
According to Gonzales, Chavez did not have the without necessarily touching that particular issue,
legal standing because he was not a media then the courts of law should do that,
practitioner and an owner of a tv or radio station. out of respect to the other branches of the
government. Because before a bill becomes a law, it
SC held that the petition filed by Chavez was by has to be approved by Congress and the President.
way of a facial challenge. A law therefore is the collective effort of Congress
and the office of the president. So if a case is filed
3.Constitutional question must be raised at the questioning the validity of a law, the courts should be
earliest opportunity careful in dealing with the issue. If they can decide
the case without necessarily touching on that When to apply the orthodox view vis-à-vis the
particular issue, then they have to do that. operative fact doctrine?
If the law has already been in effect for quite some
Sandueta v. Dela Costa 66 Phil 155 time, such that there are already vested rights
Sandueta was a judge of a court in Manila and an act acquired, what should be applied is the operative act.
was enacted reorganizing the Judiciary and pursuant
to which, he accepted an interim appointment in But if no vested rights have been acquired, you apply
another place and so he vacated his post. He was the Orthodox view.
however, not extended a permanent appointment in
his new post. Osmena v. Comelec
No vested rights have been acquired yet because it
He went back to his old post, only to discover that it was assailed of being invalid at the very beginning.
was already occupied by Dela Costa. Sandueta then Before it could validly take effect, the law was
questioned the validity of the re-organization act, already questioned.
alleging that it was violative of the security of tenure
of judges.

The Supreme Court did not tackle such particular

issue. It decided the case on the basis of estoppel.
SC held that Sandueta by his acceptance of the
interim appointment in another sala, should be
deemed to have vacated his post.

EFFECTS OF UNCONSTITUTIONALITY OF A
LAW
Should it be voided in its entirety or only a portion
thereof?

Ynot v. Intermediate Appelate Court

The entire executive order was invalidated.

Serrano v. Gallant Maritime

Only Sec 10 par 5 or RA 8042 was voided.

Salazar v. Achacoso

Only Art 38 was voided.

When can there be partial declaration of invalidity or

unconstitutionality of a law?

If the questioned provision of a law is the heart and

soul of that law, then such provision is voided, it
follows that the entire law should also be voided.

But if the questioned provision is not the heart and

soul of that law, then there should only be a partial
declaration of unconstitutionality. This can happen if
the two requisites are met.

Two requisites:
1. Intention on the part of Congress to sustain the
remainder of the act, even if a portion thereof is
declared unconstitutional. Expressed under the
Separability clause.
2. The remainder could stand independently as a law
minus the assailed provision.

Orthodox View
If the entire law is declared unconstitutional, it is to
be regarded that it creates no rights, imposes no
obligations, it affords no protection and creates no
office. It is as if such law has not been written in the
statute books.

Osmena v. Comelec
The SC considered RA 7056 as not having been
written at all.

Operative Fact Doctrine

Laws, prior to their being declared unconstitutional
should be considered valid and be complied with.

Serrano de Agbayani v. PNB

Ynot v. Intermediate Appelate Court