Constitutional Law I - Reviewer

Constitutional Law I – Review and Notes Based on Class
Michael L Almero, CPA

I. FUNDAMENTAL CONCEPTS - assign to several departments their respective powers
and duties; and
Private Law - Applies to relationship between individuals, - establish first fixed principles on which the government is
ex. Civil Law founded
Public Law - Applies to relationship between legal persons 2. Supremacy of the Constitution
and government, different institutions within a state, The Constitution is the basic and paramount law by which
between different branches of governments, and persons all other laws must conform and to which all persons,
that are of direct concern to society, ex. Constitutional including the highest authority of the land, must defer. No
Law, Criminal Law, Tax Law act shall be valid, however noble its intentions, if it
conflicts with the Constitution.
What is Political Law?
Deals with the organization and operations of the 3. Essential Qualities of a Written Constitution
governmental organs of the state and defines the relations - Broad, brief and definite
of the State with the inhabitants within its territory
Why the constitution needs to be broad?
Are the SC decisions, executive orders and Republic Acts Provides for the organization of the entire government and
become part of the constitution? covers all persons and things within the territory of the
Answer: No. State but more so it is supposed to embody the past, to
reflect the present and to anticipate the future.
1. Definition of Constitutional Law Comprehensive enough to provide for every contingency.
Constitutional Law is the study of maintenance of balance
between authority as represented by the three inherent Why the constitution should be brief?
powers of the State and liberty as guaranteed by Bill of Confine itself to basic principles in order to adapt readily to
Rights. changing conditions.
2. Basis and Sources of Study of Constitutional Law Why is the constitution definite?
Present constitution, permanent statutes, executive To avoid ambiguity that may result in confusion,
orders, decrees, judicial decisions divisiveness among the people and physical conflict.
II. NATURE OF THE CONSTITUTION 4. Essential Parts of a Good Written Constitution

Constitution of liberty
1. Definition of Constitutional Law setting for the fundamental civil and political rights of the
Constitution is the written instrument enacted by direct citizens and imposing limitations on the powers of the
action of the people by which the fundamental powers of government. Example is Article III – Bill of Rights. Also
the government are established, limited and defined, by Articles II, IV, V and XII
which those powers are distributed among several
departments for their safe and useful exercise for the Constitution of government
benefit of the body politic. (Justice Malcom) Organization of the government, enumerating its powers,
(WIDPGELDDSUB) laying down rules relative to its administration and
defining the electorate. Art. VI to XI
Constitution is that body of rules and maxims in accordance
with which the powers of sovereignty are habitually Constitution of sovereignty
exercised. (Cooley) Mode or procedure to change the constitution. Art. XVII –
Amendments or Revisions
Three Fundamental Powers of the State
1. Police Power 5. Interpretation of the Constitution
2. Eminent Domain
3. Taxation Rules on Interpretation
a. Verba legis - If a statute is clear, plain, and free from
Among the Safeguards in the Bill of Rights ambiguity, it must be accorded its literal meaning without
1. Right to due process and equal protection using any other rule of interpretation.
2. prohibition against unreasonable searches and seizures b. Ratio legis est anima – the reason of the law is the soul
3. Freedom of expression of the law. should be interpreted in such a way as to give
4. Impairment clause effect to the intent of the framers.
5. Guarantees against the injustice to the accused. c. Ut magis valeat quam pereat – constitution is to be
interpreted as a whole
What is the purpose of the 1987 Constitution?
- establish a permanent framework of a system of Constitution is
government; - Self-Executing (Bill of rights and power of judges to issue
search and arrest warrants) rather than non-self-executing
(render of personal military and civil service and the losing
and reacquisition of Philippine citizenship) The Congress shall provide for the implementation of the
- Mandatory rather than directive (if the provision is exercise of this right.
prohibitory it is a positive and unequivocal negation, if
grant of power, it is a mandate rather than direction) Section 3. The Congress may, by a vote of two-thirds of all
- Prospective rather than retrospective its Members, call a constitutional convention, or by a
majority vote of all its Members, submit to the electorate
Note the question of calling such a convention.
Supreme court cannot amend the constitution but only
interpret. There can be changes in the interpretation of the Section 4. Any amendment to, or revision of, this
Constitution, if the provision is ambiguous, due to the Constitution under Section 1 hereof shall be valid when
changing of times. People vs Ponar – maternity benefits. ratified by a majority of the votes cast in a plebiscite which
shall be held not earlier than sixty days nor later than
6. The 1987 Constitution ninety days after the approval of such amendment or
Effectivity of the 1987 Constitution revision.
February 2, 1987 date of plebiscite is the ratification and
not the date of ratification or proclamation Any amendment under Section 2 hereof shall be valid
when ratified by a majority of the votes cast in a plebiscite
[De Leon v. Esguerra, 153 SCRA 607] which shall be held not earlier than sixty days nor later than
Issue ninety days after the certification by the Commission on
WHETHER OR NOT the 1987Constitution took effect on Elections of the sufficiency of the petition.
Feb. 2, 1987, the date that the plebiscite was held for its
ratification or on February 11, 1987, the date its ratification 2. Amendments and Revisions
was proclaimed per Proclamation No. 58 issued by Pres.
Aquino Definitions: Amendment and Revision
Revisions - alters a basic principle in the constitution, like
Section 27, Article XVIII of the 1987 Constitution ―This altering the principle of separation of powers or the system
Constitution shall take effect immediately upon its of checks-and-balances, alters the substantial entirety of
ratification by a majority of the votes cast in a plebiscite the constitution, as when the change affects substantial
held for the purpose and shall supersede all previous provisions of the constitution
Constitutions.
Amendment - a change that adds, reduces, or deletes
Concept without altering the basic principle involved.
The act of ratification is the act of voting by the people.
The canvass of the votes thereafter is merely the Distinction between Amendment and Revision
mathematical confirmation of what was done during the Quantitative test – examines only the number of provisions
date of the plebiscite, and the proclamation of the affected and does not consider the degree of change.
President is merely the official confirmatory declaration of
an act which was actually done by the Filipino people in Qualitative test – inquires into the qualitative effects of the
adopting the Constitution when they cast their votes on proposed change whether the change will accomplish such
the date of the plebiscite. far reaching changes in the nature of our basic
governmental plan as to amount to a revision.
III. AMENDMENTS OR REVISION
[Lambino v. Comelec, 505 SCRA 160, 25 October 2006]
1. Article XVII – Amendments or Revisions Ruling:
Under both the quantitative and qualitative tests, the
Section 1. Any amendment to, or revision of, this Lambino Group's initiative is a revision and not merely an
Constitution may be proposed by: amendment. Quantitatively, the Lambino Group's
(1) The Congress, upon a vote of three-fourths of all its proposed changes overhaul two articles - Article VI on the
Members; or Legislature and Article VII on the Executive - affecting a
(2) A constitutional convention. total of 105 provisions in the entire Constitution.
Qualitatively, the proposed changes alter substantially the
Section 2. Amendments to this Constitution may likewise basic plan of government, from presidential to
be directly proposed by the people through initiative upon parliamentary, and from a bicameral to a unicameral
a petition of at least twelve per centum of the total number legislature.
of registered voters, of which every legislative district must
be represented by at least three per centum of the
registered voters therein. No amendment under this
section shall be authorized within five years following the 3. Procedure
ratification of this Constitution nor oftener than once every
five years thereafter. Proposal (Sections 1 and 2, Art. XVII)
Who may Propose Amendment or Revision Plebiscite is the electoral process by which an initiative on
a. Congress (as a Constituent Assembly) – a vote of 3/4 of the Constitution is approved or rejected by the people.
all its members
b. Constitutional Convention Lambino v. Comelec, 505 SCRA 160, 25 October
i. called into existence by 2/3 votes of all its members 2006
ii. or subject the question of calling the convention by a The 2 essential elements for conducting a people’s initiative
majority votes of the members of Congress on the Constitution
c. Only amendment by people through initiative upon 1. the people must author and thus sign the entire
petition by at least 12% of the total registered voters proposal. No agent or representative can sign on their
represented by at least 3% of the registered voters in behalf.
each legislative district. 2. as an initiative upon a petition, the proposal must be
embodied in a petition.
Imbong v. Comelec, 35 SCRA 28 [1970]
Issue: Defensor-Santiago v . Comelec, GR 127325,
May Congress in acting as a legislative body enact R.A. Mar. 19, 1997
6132 to implement the resolution passed by it in its Section 2 of Article XVII of the Constitution... is not self-
capacity as a Constituent Assembly? executory. Without implementing legislation Section 2
cannot operate. Thus, although this mode of amending the
Ruling: Constitution is a mode of amendment which bypasses
Yes. The Court declared that while the authority to call a congressional action, in the last analysis it still is
Constitutional Convention is vested by the Constitution dependent on congressional action.
solely and exclusively in Congress acting as a constitutional
assembly, the Congress in exercising its comprehensive Ratification (Section 4, Article XVII)
legislative power (not as a Constitutional Assembly) may
pass the necessary implementing law providing for the Gonzales v. Comelec, 31 SCRA 774 (1967)
details of the Constitutional Conventions, such as the Issue:
number, qualification, and compensation of its member. WON Congress can simultaneously propose amendments
to the Constitution and call for the holding of a
Constitutional Convention constitutional convention?
Position of the Constitutional Convention (Con-con)
1. Con-con is supreme over the other departments of Ruling:
government because the power it exercises are in nature of The constituent power or the power to amend or revise the
sovereign powers. Theory of Conventional Sovereignty. Constitution, is different from the law-making power of
2. Con-con is inferior to the other departments of Congress. Congress can directly propose amendments to
government since it is merely a creation of the legislature the Constitution and at the same time call for a
3. Con-con is independent and co-equal with other Constitutional Convention to propose amendments.
departments of government as long as it confines itself
within the sphere of its jurisdiction. 4. Judicial Review of Amendments
Does not inquire or question wisdom of the people of
R. A. No. 6735 - AN ACT PROVIDING FOR A SYSTEM OF members of Congress. Courts can inquire whether or not
INITIATIVE AND REFERENDUM AND APPROPRIATING the procedure for amendments or revisions has been
FUNDS THEREFOR observed or if there is irregularity in the procedure.
Three systems of initiative:
1. Initiative on the Constitution which refers to a petition IV. CONCEPT OF A STATE
proposing amendments to the Constitution;
2. Initiative on statutes which refers to a petition proposing 1. State: Definition
to enact a national legislation; and According to Garner, the State is a:
3. Initiative on local legislation which refers to a petition a. community of persons, more or less numerous;
proposing to enact a regional, provincial, city, municipal, or b. permanently occupying a fixed territory; and,
barangay law, resolution or ordinance. c. possessed an independent government organized for
political ends to which the great body of inhabitants render
Initiative v Referendum v Plebiscite habitual obedience
Initiative is the power of the people to propose
amendments to the Constitution or to propose and enact
legislations through an election called for that purpose. 2. Elements of a State
According to Montevideo Convention, the qualifications
Referendum is the power of the electorate to approve or (elements) of a State as person of international law are as
reject a legislation through an election called for the follow:
purpose. a. a permanent population;
b. a defined territory;
c. government; and,
d. capacity to enter into relations with other states. Components of a Territory
a. Terrestrial domain (land mass)
Is Taiwan a State? b. Maritime and fluvial domain (inland and external waters)
Per Montevideo Convention, yes. But according to the c. Aerial domain (air space above land and water)
constitutive theory of statehood, a country is only a
country if it’s recognized by other already recognized National Territory of the Philippines (Article I)
countries, and the ultimate manifestation of such The national territory comprises the Philippine
recognition is full membership in the United Nations. archipelago, with all the islands and waters embraced
therein, and all other territories over which the Philippines
The Province of North Cotabato v. The Government of has sovereignty or jurisdiction, consisting of its terrestrial,
the Republic of the Philippines Peace Panel on Ancestral fluvial and aerial domains, including its territorial sea, the
Domain, GR No. 183591, October 14, 2008, 568 SCRA seabed, the subsoil, the insular shelves, and other
402 submarine areas. The waters around, between, and
connecting the islands of the archipelago, regardless of
Declared as Unconstitutional due to the following their breadth and dimensions, form part of the internal
principles: waters of the Philippines.
Association is formed when two states of unequal power Archipelagic Doctrine

voluntarily establish durable links. In the basic model, one The entire archipelago is regarded as one integrated unit
state, the associate, delegates certain responsibilities to instead of being fragmented into so many islands.
the other, the principal, while maintaining its international
status as a state. Free associations represent a middle We connect the outermost points of our archipelago with a
ground between integration and independence. straight baselines and consider all waters enclosed thereby
as internal waters.
The MOA-AD, it contains many provisions which are
consistent with the international legal concept of United Nations Convention of the Law of the Sea (UNCLOS
association, specifically the following: the BJE's capacity to III
enter into economic and trade relations with foreign - Territorial Sea (12 nautical miles from the baseline) –
countries, the commitment of the Central Government to exercise of sovereignty.
ensure the BJE's participation in meetings and events in - Contiguous Zone (24 nautical miles from the baseline) –
the ASEAN and the specialized UN agencies, and the jurisdiction to enforce customs, fiscal, immigration and
continuing responsibility of the Central Government over sanitation laws
external defense. - Exclusive Economic Zone (200 nautical miles from the
baseline) – right to exploit living and non-living resources
Under the Memorandum of Agreement on the Ancestral
Domain the Bangsamoro Juridical Entity would have Covered in Article I
possessed the elements of a state 1. Those ceded to the United States by Treaty of Paris
1. There is a permanent population that is acknowledging 2. Those defined in the treaty between United States and
Bangsamoro people which is original inhabitants of Spain not included in the Treaty of Paris to include
Mindanao and its adjacent islands including Palawan and Cagayan, Sulu and Sibuto
Sulu archipelago at the time of conquest or colonization, 3. Those defined in the treaty between United States and
and their descendants whether mixed or full blood, United Kingdome to include Turtle and Mangsee Islands
including their spouses. 4. Island of Batanes under general statement of the 1935
2. There is a defined territory described as the land mass, Constitution
as well as the maritime, terrestrial, fluvial and alluvial, 5. belonging to the Philippines by historic right or legal title
including the aerial domain and atmospheric space above under 1973 Constitution.
it, embracing Mindanao-Sulu-Palawan geographic region.
3. There is a government as the Bangsamoro people are Magallona v. Ermita, G. R. No. 187167, 16 August 2011,
acknowledged as having the right to self-governance, 655 SCRA 476
4. The BJE is free to enter into any economic cooperation UNCLOS III has nothing to do with the acquisition (or loss)
and trade relations with foreign countries and shall have of territory. The purpose is merely for determining.
the option to establish trade missions in those countries.
Regime of Islands is in fact part of the Philippines. We are
Elements of the State as defined: still claiming. Its specific in the RA9522 in section II.
a. People – inhabitants of the State. Numerous enough for
self-sufficing and self-defense and small enough for easy c. Government – agency or instrumentality through which
administration. the will of the State is formulated, expressed and realized.
b. Territory – fixed portion on the surface of the earth Functions

inhabited by the people of the State. Constituent functions constitute the very bonds of the
society and are therefore compulsory.
3. The government established by military forces who
Ministrant functions are those undertaken to advance the invade and occupy a territory from the enemy in the course
general interests of society such as public works, public of war called government by paramount force.
charity, and regulation of trade and industry. These
functions are optional. Go Kim Chan v. Valdez Tan Keh
The government established under the names of Philippine
Bacani v. Nacoco, 100 PHIL. 471 (1955) Executive Commission and Republic of the Philippines
Nacoco is a government-owned or controlled corporations during the Japanese occupation was a civil government
that promotes certain aspects of the economic life of our and a de facto government of the second kind: that which
people. These government-owned or controlled is established and maintained by military forces who
corporations take the form of a private enterprise or one invade and occupy a territory of the enemy in the course of
organized with powers and formal characteristics of a war. The distinguishing characteristics of this kind of de
private corporation under the Corporation Law. Thus, facto government are;
Nacoco’s function are ministrant. (1) that its existence is maintained by active military power
within the territories, and against the rightful authority of
PVTA v CIR, 65 SCRA 416 an established and lawful government; and
The traditional classification of the ministrant and (2) that while it exists it must necessarily be obeyed in civil
constituent functions was laid to rest the doctrine in Bacani matters by private citizens who, by acts of obedience
v. National Coconut Corporation, based on the Wilsonian rendered in submission to such force, do not become
classification of the tasks incumbent on government into responsible, as wrongdoers, for those acts, though not
constituent and ministrant in accordance with the laissez warranted by the laws of the rightful government.
faire principle.
Being a de facto government, it necessarily follows that
Doctrine of Parens Patriae the judicial acts and proceedings of the courts of justice of
Guardian of the rights of the people. This is an inherent in those governments, which are not of a political
the supreme power of the State. complexion, were good and valid, and, by virtue of the
well-known principle of postliminy in international law,
Philippine Islands vs. Monte de Piedad, 35 Phil. 728 remained good and valid after the liberation or
Monte de Piedad receives money as relief for the reoccupation of the Philippines by the American and
earthquake victims. Part of the money was never Filipino forces.
distributed and instead deposited to the defendants bank
account. The Court held that under parens patriae were Lawyers League of the Philippines v. Corazon Aquino
allowed the recovery of the money and the State as a Corazon Aquino government is a de jure government.
representative of the legitimate claimants. People have made the judgement and have accepted the
government of President Aquino which is in effective
Cabañas vs. Pilapil, 58 SCRA 94 control of the entire country.
The government acting for the State as parens patriae
chose the mother of the illegitimate child as against his Government of the Philippines - Corporate governmental
uncle to be the trustee of the insurance proceeds left him entity through which the functions of the government are
by his father, who had expressly designated the uncle. exercised throughout the Philippines.
Government owned and controlled corporations –

engaged in proprietary functions but are not part of the
De Jure and De Facto Governments Government of the Philippines for the purposes of
De jure – government has the rightful title but has no exemption from the application of statute of limitations.
power or control either because this has been withdrawn
from it or because it has not actually entered in the Government agency – refers to various units of the GRP
exercise thereof. including department, bureau, office, instrumentality or
GOCC, or a local government or district unit.
De facto – government of fact, it exercises control or
power but without legal title. Administration – the group of persons in whose hands the
reins of government are for the time being.
Kinds of De Facto Government
1. The government that gets possession and control of, or d. Sovereignty – supreme and uncontrollable power
usurps of, or by the voice of majority, the rightful legal inherent in a State by which that State is governed.
government and maintains itself against the will of the
latter. Kinds of Sovereignty
2. The government established by the inhabitants of a
country through insurrection against the parent state. Legal Sovereignty – is the authority which has the power to
issue final commands example is Congress
Political Sovereignty – the power behind the legal  Constitutional basis (Article II, Sec. 2)
sovereignty or the sum of influences that operates it The Philippines renounces war as an instrument of national
example is different sectors that mold public opinion policy, adopts the generally accepted principles of
international law as part of the law of the land and
Internal Sovereignty – powers of the State to control its adheres to the policy of peace, equality, justice, freedom,
domestic affairs cooperation, and amity with all nations.
External Sovereignty – power of the State to direct its
relations with other States, also known as independence.  Par in parem non habet imperium
Which means equals have no sovereignty over each other.
Effects of a Belligerent Occupation on Laws of Occupied The State cannot assert jurisdiction of another.
Territory
The belligerent took over was only the exercise of acts of Except, if the foreign state is
sovereignty. There is no change in sovereignty, the - Regularly engaged in business or trade, or
political laws of the occupied territory are merely - Nature of contracts with host are purely commercial,
suspended, subject to the revival under the jus private or proprietary acts (jure gestionis) and not
postliminium upon the end of the occupation. But the non- contracts of governmental or sovereign acts (jure imperii).
political laws (ex. Civil Code and Insurance Act) are deemed
continued unless changed by the belligerent occupant Note: Jure imperii is not absolute rule an example is
since they are intended to govern the relations of exercise of power of imminent domain without just
individuals among themselves. compensation.
Ruffy vs Chief of Staff, 75 Phil. 975 Application

Suspending political laws affects only affects civilian The usual practice is to file claims against the officer who is
inhabitants of the occupied territory but not those supposed to discharge the responsibility or grant the
members of the armed forces which is continued to be redress demanded. However, if it is determined that the
covered by National Defense Act, Articles of War and other State is directly liable or to satisfy the judgement made
political laws. there is an affirmative action on the State such as
appropriation of funds the action can be dismissed.
Laurel vs. Misa, 76 Phil. 372
The rule does not apply to the law on treason although If the officer impleaded may by himself alone comply the
decidedly political in character. decision then the suit can prosper against him.
Effects of Change of Sovereignty Where public officer acts without or in excess of

Political laws are not merely suspended but abrogated. jurisdiction, any injury caused by him is his own personal
Non-political laws continue in operation as they regulate liability and cannot be imputed to the State.
private relations only.
Act of State
Act done by the sovereign power of a country, or by its
delegate, within the limits of the power vested in him that  Process of Suggestion
cannot be questioned or made subject to legal proceedings When a State or international agency wishes to plead
in a court of law. sovereign diplomatic immunity in our court, it shall secure
executive endorsement from DFA
V. DOCTRINE OF STATE IMMUNITY
The Holy See v. Judge Rosario, Jr. (238 SCRA 524 [Dec. 1,
1. Basis 1994])
 Article XVI, Section 3, Constitution The DFA officially certified that the Embassy of the Holy
The State may not be sued without its consent. See is a duly accredited diplomatic mission to the
Philippines exempt from local jurisdiction and entitled to
 Justification for the Doctrine all the rights, privileges and immunities of a diplomatic
a. Suit will impair the State’s dignity; mission or embassy in this country.
b. logical and practical ground that there can be no legal (1961 Vienna Convention on Diplomatic Relations)
right against the authority which makes the law on which
the right depends; and  Determination of Immunity by the Department of
c. for practical consideration the demands and Foreign Affairs
inconveniences of litigation will divert the time and Immunity from legal process with respect to acts
resources of the State from more pressing matters performed in their official capacity except when it waives
demanding its attention to the prejudice of the public. its immunity.
2. Immunity of Foreign States 3. Immunity of State's Diplomatic Agents

4. Immunity of the United Nations (UN), its Specialized proprietary in nature and not covered by doctrine of state
Agencies and other International Organizations of immunity.
5. Waiver of Immunity Republic v. Sandiganbayan, 204 SCRA 212

Forms of Consent Expropriation without payment of just compensation;
 Express Consent immunity not valid defense
General Law When the State Commences Litigation

Act No. 3083. Government of the Philippine Islands
consents and submits to be sued upon any moneyed claims Froilan v. Pan Oriental Shipping, G.R. # L-6060,
involving liability arising from contract, express or implied, 30 Sept. 1950
which could serve as the basis of civil action between Where the government impliedly allowed itself to be sued
private parties. (DA v. NLRC, 277 SCRA 693) when it filed a complaint for intervention for the purpose
of asserting a claim for affirmative relief against the
CA 327, as amended by PD 1445. A claim against the plaintiff, to wit, recovery of vessel.
government must be filed with the Commission on Audit
first, which must act upon it within 60 days. Rejection of Lim v. Brownell, 107 SCRA 345
the claim will authorize the claimant to elevate the matter Government cannot be sued by implied consent because it
to the Supreme Court on certiorari. is not seeking affirmative relief but rather resisting the
claim of the other party.
Amigable v. Cuenca, 43 SCRA 360 [1972]
Exception of a government that can be sued due to the 6. Suits against Public Officers
exercise of power of imminent domain without just
compensation. 7. Suits Against Government Agencies
 Incorporated Agency
Article 2180, Civil Code of the Phil. Has a charter of its own that invests it with a separate
State shall be responsible for torts only when it acts juridical personality like SSS, City of Manila and UP. Suable
through a special agent and not when the damage has if it says so in its charter regardless of the functions its
been caused by the official or employee to whom the task performing.
done properly pertains.
Rayo v. CFI of Bulacan, 110 SCRA 460 [1981]
Special Law As a government owned and controlled corporation, it has
Meritt v. Gov’t. of the Phil. Islands, 34 PHIL. 311 personality of its own, distinct and separate from that of
WON defendant, Government of the Philippines, waived the government. Moreover, the charter provision that the
its immunity from suit as well as conceded its liability to National Power Corporation (NPC) can sue and be sued in
the plaintiff when it enacted Act No. 2457. any court is without qualification on the cause of action as
the one instituted by the petitioners.
NO. By consenting to be sued, a state simply waives its
immunity from suit. It does not thereby concede its liability  Unincorporated Agency
to the plaintiff, create any cause of action in his favor, or No juridical personality but is merged in the general
extend its liability to any cause not previously recognized. machinery of the government like DOJ, Bureau of Mines,
It merely gives a remedy to enforce a pre-existing liability etc. Since no charter to consult, determine the nature of
and submit itself to the jurisdiction of the court, subject to the functions. If proprietary, suable. If governmental, not
its right to interpose any lawful defense. suable.
 Implied Consent If Principal Function is Governmental

When the State Enters into a Contract
Mobil Phils. Exploration vs Customs Arrastre Service, 18
USA v. Ruiz, 136 SCRA 487 SCRA 1120
Restrictive theory of state immunity The Bureau of Customs has no personality of its own apart
The immunity of the sovereign is recognized only with from that of the government. Its primary function is
regard to government and sovereign acts or jure imperii of governmental, that of assessing and collecting lawful
a state, but not with regard to commercial, private and revenues from imported articles and all other tariff and
proprietary acts or jure gestionis. customs duties, fees, charges, fines, and penalties. To this
function, arrastre is a necessary incident. Although said
USA v. Judge Guinto, G.R. No. 76607, Februry arrastre function is deemed proprietary, it is necessarily an
26, 1990 incident of the primary and governmental function of the
Operation of US government of restaurants in Camp John Bureau of Customs, so that engaging in the same does not
Hay in Baguio City, barbershop in Clark Air Base, these necessarily render said Bureau liable to suit. For otherwise,
establishments are open for public for a fee, were a it could not perform its governmental function without
necessarily exposing itself to suit. Sovereign immunity
granted as to the end should not be denied as to the Meritt v. Gov’t. of the Phil. Islands, 34 PHIL. 311
necessary means to that end. The plaintiff was allowed to pursue by virtue of a special
law but was unable to hold the defendant liable when in
If Principal Function is Proprietary the trial it shows that the injuries sustained by him were
ATO v. Spouses Ramos, G.R. # 159402, 23 February 2011 caused by a regular driver of the government.
The CA thereby correctly appreciated the juridical
character of the ATO as an agency of the Government not  When can a public officer be held liable?
performing a purely governmental or sovereign function, Festejo v. Fernando, 94 Phil. 504
but was instead involved in the management and Fernando committed acts outside the scope of his
maintenance of the Loakan Airport, an activity… that was authority when trespassed the plaintiffs land. He must be
not the exclusive prerogative of the State in its sovereign held to have designedly departed from the duties imposed
capacity. Hence, the ATO had no claim to the State’s on him by law. If an officer, even while
immunity from suit.
 When is a municipal corporation liable?
 Municipal Corporations Palafox v. Province of Ilocos Norte, G.R.No.L
Agencies of the State when they are engaged in 10659,January 31, 1958
governmental functions and should enjoy immunity from The general rule is that local government units are not
suit. liable for negligent acts of its employees while they are
performing governmental functions or duties. In this case,
Charters of municipal corporations grant them the the driver was involved in the construction or maintenance
competence to sue and be sued. of roads which was a governmental duty. Therefore, the
province cannot be held liable for his negligent act.
Municipality of San Fernando, La Union v. Judge Firme, However tragic and deplorable it may be, the death of
195 SCRA 692 Palafox imposed on the province no duty to pay monetary
It has already been remarked that municipal corporations consideration.
are suable because their charters grant them the
competence to sue and be sued. VI. FUNDAMENTAL PRINCIPLES AND STATE
POLICIES
Nevertheless, they are generally not liable for torts
committed by them in the discharge of governmental 1. Preamble
functions and can be held answerable only if it can be Preamble purpose is to introduce the Constitution. It
shown that they were acting in a proprietary capacity. enumerates the primary aims and expresses the
aspirations of the framers. It does not create substantive
Municipality of San Miguel, Bulacan v. Fernandez, 130 rights but it is useful aid in the construction and
SCRA 56 [1984]) interpretation of the text of the Constitution.
Public funds are exempt from execution. There needs to be
an appropriation before any money of the municipality
may be paid out.
2. Republicanism
The City of Bacolod vs. Mayor Leonardia, et al. G.R. No. Section of Article II of the Constitution states that the
190289, January 17, 2018. Philippines is a democratic and republican state.
This Court has held that the power to issue or grant Sovereignty resides from the people and all government
licenses and business permits is not an exercise of the authority emanates from them.
government's proprietary function. Instead, it is in an
exercise of the police power of the State, ergo a  Essential Features of Republicanism
governmental act. a. Representation
b. Renovation
8. Liability Selection by the citizenry of corps of public functionaries
who derive their mandate from the people and act on their
As a rule suability does not mean liability. When the State behalf, serving for a limited period of time only, after
allowed itself to be sued, all it does in effect is to give the which they are replaced or retained at the option of their
other party an opportunity to prove, if it can, that the State principal.
is liable.
 Manifestations of a Republican State
 When is the State liable? 1. The existence in the Constitution of a Bill of Rights
Article 2180, Civil Code of the Phil. 2. Observance of the rule of the majority in legislative,
State shall be responsible for torts only when it acts judicial, and administrative acts and proceedings
through a special agent and not when the damage has 3. Observance of the principle of government of laws and
been caused by the official or employee to whom the task not of man
done properly pertains. 4. Observance of the principle of separation of powers and
the system of check and balance to prevent the
concentration of powers in, and their abuse by, any official Municipal law was upheld against international law under
or agency of government. the rule-making power of the Supreme Court.
5. The guarantee of suffrage for the expression of the
sovereign will. 4. Supremacy of Civilian Authority (Section 3)
6. The concept of public office as a public trust. Civilian authority is, at all times, supreme over military.
7. The prescription of definite terms of office and ages for The Armed Forces of the Philippines is the protector of the
retirement from the public service. people and the State. Its goal is to secure the sovereignty
8. The existence of laws on public officers, defining their of the State and the integrity of the national security.
powers, functions and duties, regulating their conduct, and
prescribing the manner of their removal from office. 5. The Defense of the State (Article II. Section 4)
9. The prohibition against the passage of irrepealable laws. The prime duty of the Government is to serve and protect
10. The immunity of the state from suit. the people. The Government may call upon the people to
defend the State and, in the fulfillment thereof, all citizens
3. Incorporation Clause (Article II, Sec. 2) may be required, under conditions provided by law, to
The Philippines renounces war as an instrument of render personal, military or civil service.
national policy, adopts the generally accepted
principles of international law as part of the law of People vs Lagman (66 PHIL. 13 [1938])
the land and adheres to the policy of peace, equality, People vs. Zosa (38 O.G. 1676)
justice, freedom, cooperation, and amity with all
nations. The Supreme Court affirmed their (Lagman and Zosa)
conviction, holding that the law in question was based on
 By Incorporation and By Transformation the constitutional principle.
International law can become part of the law of the land by
transformation and incorporation. 6. Separation of Church and State (Section 6)
Transformation – the international law be transformed The separation of Church and State shall be inviolable.
into a domestic law by a constitutional mechanism such as
local legislation. Example is treaties. There are matters and issues which are beyond the
Incorporation – by mere constitutional declaration. competence and jurisdiction of the courts of justice.
Examples are renunciation of war as an instrument of
national policy, principle of sovereign immunity, a person’s Types of Separation
right to life, liberty and due process. a. Strict Separation – believes that the Establishment
(Pharmaceutical and Health Care Association of the Clause was meant to protect the state from the church,
Philippines v. Health Secretary (G. R. No. 173034, October and the state's hostility towards religion allows no
9, 2007)) interaction between the two.
b. Strict Neutrality - approach is not hostile to religion, but

it is strict in holding that religion may not be used as a basis
Kuroda vs. Jalandoni (83 Phil. 171 [1949]) for classification for purposes of governmental action,
The petitioner challenged the jurisdiction of the Philippines whether the action confers rights or privileges or imposes
as it is not a signatory in Hague Convention. duties or obligations
c. Benevolent Neutrality (adopted by the 1987
The Supreme Court held that the Philippines were bound Constitution) - believes that with respect to these
by the convention even if it is not a signatory in Hague governmental actions, accommodation of religion may be
Convention because the Constitution embodied generally allowed, not to promote the government's favored form of
accepted principles of international law as part of the law religion, but to allow individuals and groups to exercise
of the land. their religion without hindrance.
 Conflict between municipal law and international Related Constitutional Provisions

law 1. Freedom from religion clause, non-establishment clause
First – efforts must be exerted to harmonize them and no religious test clause (Art III Sec 5)
Second – local statute should be upheld because it 2. No sectoral representative from religious sector (Art IV
represents an exercise of police power which, being Sec 5 par 2)
inherent, could not be bargained away or surrendered 3. Prohibition against appropriation for sectarian benefits
through medium of treaty. (Art VI Sec 29 par 2)
(Ichong v. Hernandez (101 Phil. 115) 4. Non registration of religious denominations and sects as
political parties
Gonzales v. Hechanova (9 SCRA 230 [1963])
Municipal law was upheld against international law on the 7. Social Justice (Sections 10, 11, 18 and 21)
basis of doctrine of separation of powers. Social justice is neither communism, nor despotism, nor
atomism, nor anarchy but the humanization of laws and
In Re: Garcia (2 SCRA 984 [1961]) equalization of social and economic forces by the State.
Social justice means the promotion of the welfare of all the 1. Constitutional Basis
people.
 Legislative power shall be vested in the Congress of
Maglakas v. National Housing Authority - G.R. No. the Philippines which shall consist of Senate and
138823, September 17, 2008 House of Representatives except to the extent
Petitioner cannot invoke the social justice clause at the reserved to the people such as initiative and
expense of the common welfare. referendum. (Art. VI, Sec 1)
 The executive power shall be vested on the President
8. Rearing of Youth (Sections 12 and 13) of the Philippines. (Art VII, Sec 1)
Section 12. The State recognizes the sanctity of family life  The judicial power shall be vested in one Supreme
and shall protect and strengthen the family as a basic Court and in such lower courts as may be established
autonomous social institution. It shall equally protect the by law. (Art. VIII, Sec 1)
life of the mother and the life of the unborn from
conception. The natural and primary right and duty of 2. Purposes
parents in the rearing of the youth for civic efficiency and
the development of moral character shall receive the a. To prevent a concentration of authority in one person or
support of the Government. group of person
b. To secure action, to forestall over-action, to prevent
Section 13. The State recognizes the vital role of the youth despotism and to obtain efficiency
in nation-building and shall promote and protect their c. To ordain that each of the three great branches of the
physical, moral, spiritual, intellectual, and social well- government has exclusive cognizance of and is supreme in
being. It shall inculcate in the youth patriotism and matters falling within constitutionally allocated sphere.
nationalism, and encourage their involvement in public and
civic affairs. 3. Blending of Powers
Continental Steel Manufacturing Corporation v. Meaning:

Montano (G.R. No. 182836) Instances when one power are not confined exclusively
Unborn child can be considered as dependent. Child to within one department but are assigned to or shared by
include the unborn in mother’s womb. several departments.
Meyer vs. Nebrasca (262 U.S. 390 [1922]) Examples:

It is incompetent by the Government to prohibit teaching  The President submission of budget as basis of general
the German language to students as there is nothing appropriation law. (Art VII Sec 22)
inherently harmful in learning a language that will impair  No money shall be paid out of Treasury except in
the upbringing of the child; and in fact such a subject pursuance of an appropriation made by law. (Art VI
would improve his academic background. Sec 29 par 1)
 President may grant reprieves, commutations and
Pierce vs. Society of Sisters (262 U.S. 510 [1925]) pardons and remit fines and forfeitures after final
The law prohibiting establishment of private schools and in judgements. President can also grant amnesty in
effect confining the education of the youth to public concurrence with majority of all members of congress.
institutions were likewise annulled because it would (Art. VII, Sec 19)
standardize the thinking of the children who, according to  Comelec power to deputize law enforcement agencies
the court, were not mere creatures of the State. including AFP for election purposes with consent by
the President. (Art IX-C, Sec 2 par 4)
9. Women (Section 14)
10. Economy (Sections 19, 20, 21) 4. Checks and Balances
11. Right to a Balanced and Healthful Ecology (Section 16)
12. Local Autonomy (Section 25) Meaning:
Allows one department to resist encroachment upon its
Decentralization prerogatives or to rectify mistakes or excess committed by
Political Administrative other departments.
Devolution of powers to Deconcentration of
local government units authority to regional Examples:
units  Lawmaking power by the Congress is checked upon by
Area approach Sectoral approach the President veto power which can be overridden by
the legislature
 Congress may refuse to give concurrence to an
13. Full Public Disclosure (Section 28) amnesty proclaimed by the President and the Senate
to a treaty he has concluded
VII. SEPARATION OF POWERS  Nullify the conviction in criminal cases by pardoning
the offender
 Congress may limit the jurisdiction of SC and inferior of judicial power, which now includes the duty to
courts or may abolish entirely the latter determine whether or not there has been a grave abuse of
 SC can invalidate act done by the Congress, President discretion amounting to lack or excess of jurisdiction on
and his subordinates or Constitutional Commissions. the part of any branch or instrumentality of the
Government. (Art. VIII Sec 1)
5. The Role of the Judiciary
VIII. DELEGATION OF POWERS
When the Supreme Court mediates to allocate
constitutional boundaries or invalidates the acts of a 1. Basis of the Principle
coordinate body, what it is upholding is not its supremacy The rule is potestas delegate non delegari potest – what
but the supremacy of the Constitution. has been delegated cannot be delegated.
Angara vs. Electoral Commission, 63 Phil 139 [July 15, Why cannot be delegated?
1936] It is based upon the ethical principle that such delegated
Doctrine of implication. Certain rules of procedure power constitute not only a right but a duty to be
promulgated by Comelec were challenged on the ground performed by the delegate through the instrumentality of
that they had not been expressly authorized by the 1935 his own judgment and not through the intervening mind of
Constitution. The Supreme Court held that they were the other.
necessary to the proper exercise of the express powers
granted to the body to hear and decide election contests Legislative power is an original power of the Congress?
involving members of the legislature. No. Granted by the constitution
6. Justiciable and Political Questions 2. Application
 Meaning of justiciable question Belgica vs. Ochoa, G.R. No. 208566, Nov. 11, 2013
A purely justiciable question implies a given right, legally
demandable and enforceable, an act or omission violative 3. Permissible Delegation
of such right and a remedy granted and sanctioned by law, 1. Delegation of tariff Powers to the President
for said breach of right. 2. Delegation of emergency power to the President
3. Delegation to the people at large
 Meaning of political question 4. Delegation to local governments
Question of policy. Question, under the Constitution, that 5. Delegation to administrative bodies
are to be decided by the sovereign people or in regard to
full discretionary authority has been delegated to the  Delegation of tariff Powers to the President
legislative or executive branch. Article VI, Section 28 (2) of the Constitution - The Congress
may, by law, authorize the President to fix within specified
Tañada vs. Cuenco, 103 Phil. 1051 (February 28, 1957) limits, and subject to such limitations and restrictions as it
About the composition of election tribunal. may impose, tariff rates, import and export quotas,
tonnage and wharfage dues, and other duties or imposts
Sanidad vs. Comelec, 73 SCRA 333 (1976) within the framework of the national development
Proposal to amend the constitution. program of the Government.
Sps.DeLaPazvs.SenateCommittee,G.R.No.184849,13Feb. Why is it necessary to impose tariffs?

2009 To protect the local economy and revenue generations
7. Application of the Doctrine When the President impose price ceiling is this covered in the
Article VI Section 28 (2) of the Constitution?
Belgica vs. Ochoa, G.R. No. 208566, Nov. 11, 2013 No. Not included in the enumeration.
Post-enactment measures which govern the areas of
project identification, fund release and fund realignment  Delegation of emergency powers to the President
are not related to functions of congressional oversight and, Article VI, Section 23 (2) of the Constitution - In times of
hence, allow legislators to intervene and/or assume duties war or other national emergency, the Congress may, by
that properly belong to the sphere of budget execution. law, authorize the President, for a limited period and
Thus, violates the principle of non-delegability. subject to such restrictions as it may prescribe, to exercise
powers necessary and proper to carry out a declared
8. Political Questions Under the New Constitution national policy. Unless sooner withdrawn by resolution of
the Congress, such powers shall cease upon the next
 Article VIII, Section 1, Expanded Meaning of Judicial adjournment thereof.
Power
Under the new Constitution the political question has Other National Emergencies
considerably been restricted because of the new definition
Rebellion, economic crises, pestilence or epidemic, The President may declare emergency anytime. But the
typhoon, flood and other similar catastrophe of nationwide President cannot automatically exercise the emergency
proportions or effect power as the President needs the legislative enactment.
Conditions relating to the delegation of emergency powers to  Delegation to the People

the President The people have voluntarily surrendered the legislative
1. There must be war or other national emergency power to the Legislative Department when the people
2. The delegation must be for a limited period adopted to the Constitution.
3. The delegation must be subject to such restrictions as
the Congress maybe prescribe. Legislative power is delegated to the people through
4. The emergency powers must be exercised to carry out Referendum and Plebiscite.
a national policy declared by the Congress.
Referendum the power of the electorate to approve or
Is it within the power of President GMA to promulgate reject a legislation through an election called for the
decrees? purpose.
This Court rules that the assailed PP1017 is
unconstitutional insofar as it grants President Arroyo the Plebiscite the electoral process by which an initiative on
authority to promulgate "decrees." Legislative power is the Constitution is approved or rejected by the people
peculiarly within the province of the Legislature. Section 1,
Article VI of the Constitution categorically states that "the  Delegation to Local Governments
legislative power shall be vested in the Congress of the Why the legislative department delegates the legislative
Philippines which shall consist of a Senate and a House of power to local government code?
Representatives. Based on the recognition that local legislature are more
knowledgeable than the national lawmaking body on
State of Rebellion v. State of Emergency matters of purely local concern.
President Arroyo’s declaration of a "state of rebellion" was
merely an act declaring a status or condition of public Police Power (Section 16, Local Gov’t Code of 1991)
moment or interest, a declaration allowed under Section 4 Every local government unit shall exercise the powers to
cited above. Such declaration, in the words of Sanlakas, is the promotion of the general welfare.
harmless, without legal significance, and deemed not
written. In these cases, PP 1017 is more than that. In Power of Eminent Domain (Section 19, Local Gov’t Code of
declaring a state of national emergency, President Arroyo 1991)
did not only rely on Section 18, Article VII of the A local government unit may exercise the power of
Constitution, a provision calling on the AFP to prevent or eminent domain upon payment of just compensation,
suppress lawless violence, invasion or rebellion. She also pursuant to the provisions of the Constitution.
relied on Section 17, Article XII, a provision on the State’s
extraordinary power to take over privately-owned public But, Power of Taxation – direct grant from the Constitution
utility and business affected with public interest. Indeed, (Section 5, Article X)
PP 1017 calls for the exercise of an awesome power. Each local government unit shall have the power to create
Obviously, such Proclamation cannot be deemed harmless, its own sources of revenues and to levy taxes, fees and
without legal significance, or not written, as in the case of charges subject to such guidelines and limitations as the
Sanlakas. Congress may provide, consistent with the basic policy of
local autonomy. Such taxes, fees, and charges shall accrue
May the President, without any authority or delegation from exclusively to the local governments.
Congress, take over or direct the operation of any privately-
owned public utility or business affected with public interest? Question:
Article XII, Section 12 - In times of national emergency, Should the LGU in order to exercise the police power,
when the public interest so requires, the State may, during eminent domain and power to tax, the LGU will need to go
the emergency and under reasonable terms prescribed by the Congress for a special law allowing them to exercise
it, temporarily take over or direct the operation of any the act?
privately-owned public utility or business affected with
public interest. Answer:
No. Its already provided in the Local Government Code.
The State refers to the Congress and not the President. The local government code empowers the local
Thus, Congress may delegate this power pursuant to a governments for police power and eminent domain while
legislation prescribing reasonable terms thereof. In short, the power to tax comes from constitution.
the President has no absolute authority to exercise all the
powers of the State under Section 17, Article XII in the  Delegation to Administrative Bodies
absence of an emergency power act passed by Congress. For an administrative regulation to be valid:
1. its promulgation must be authorized by the legislature,
Who should declare national emergency?
2. it must be within the scope of the authority given by the
legislature  Composition
3. it must be promulgated in accordance with the Section 2 states that the Senate shall be composed of 24
prescribed procedure Senators who shall be elected at large by the qualified
4. it must be reasonable voters of the Philippines, as provided by the law.
Supplementary Regulations  Qualifications

Administrative bodies may implement broad policies laid Section 3 states that no person shall be a Senator unless he
down in statute by filling the details which the Congress is a natural-born citizen of the Philippines and, on the day
may not have the opportunity or competence to provide. of the election, is at least thirty-five years of age, able to
Example, implementing rules issued by the Department of read and write, a registered voter, and a resident of the
Labor on the Labor Code. Philippines for not less than two years immediately
preceding the day of the election. (Note: Enumeration is
Contingent Regulations exclusive)
Regulations to determine some fact or state of things upon
which the enforcement of law depends. Pimentel v. Comelec, G.R. # 157870, 3 November 2008
Is the mandatory drug testing of candidates for public
Why delegation to administrative bodies is essential or office an unconstitutional imposition of additional
necessary or logical? qualification on candidates for Senator?
They are expert on the field.
Accordingly, Sec. 36(g) of RA 9165 should be, as it is
4. Test of Delegation hereby declared as, unconstitutional. It is basic that if a law
Completeness Test or an administrative rule violates any norm of the
The law must be complete in all its essential terms and Constitution, that issuance is null and void and has no
conditions when it leaves the legislature so that there will effect. Whatever limits it imposes must be observed.
be nothing left for the delegate to do when it reaches him
except enforce it. Note
- Those who elect Philippine citizenship in accordance with
The law must be complete in itself setting forth therein the paragraph 3, section 1 thereof shall be deemed natural
policy to be executed, carried out or implemented by the born citizens.
delegate. - The age of qualification is fixed at 35 and must be
possessed on the day of elections, that is, when the polls
No room for discretion on the part of the delegate. are opened and the votes are cast, and not on the day of
proclamation of the winners of the board of canvassers.
Sufficient Standard Test
One which defines legislative policy, marks its limits, maps Article IV
out its boundaries and specifies the public agency to apply Section 2. Natural-born citizens are those who are citizens
it. of the Philippines from birth without having to perform any
act to acquire or perfect their Philippine citizenship. Those
The law must fix a standard, the limits of which are who elect Philippine citizenship in accordance with
sufficiently determinate or determinable, to which the paragraph (3), Section 1 hereof shall be deemed natural-
delegate must conform in the performance of his born citizens.
functions.
Section 3. Philippine citizenship may be lost or reacquired
IX. THE LEGISLATIVE DEPARTMENT (Article VI) in the manner provided by law
Section 1 – The legislative power shall be vested in the Term – Section 4 states that the term of office of the
Congress of the Philippines which shall consist of a Senate Senators shall be six years and shall commence, unless
and a House of Representatives, except to the extent otherwise provided by law, at noon on the thirtieth day of
reserved to the people by the provision on initiative and June next following their election. No Senator shall serve
referendum. for more than two consecutive terms. Voluntary
renunciation of the office for any length of time shall not
Congress can also perform non legislative powers be considered as an interruption in the continuity of his
1. canvass of the presidential elections service for the full term of which he was elected.
2. declaration of the existence of state of war
3. confirmation of amnesties Continuing Institution – The Senate is a continuing
4. confirmation of presidential appointments (through the institution as it does not dissolved as an entity with each
Commission of Appointments) national election or change in the composition of
5. acts as impeachment court members.
 Senate
League of Cities of the Phils. v. Comelec, G.R. #176951, 18 Congress from increasing its membership by passing a law,
November 2008 other than a general reapportionment of the law.
The Senate is not a continuing body. Unapproved cityhood
bills filed during the 11th Congress became mere scraps of Question
paper upon adjournment of the 11th Congress. Whether or not the addition of another legislative district
in Makati is unconstitutional because Makati’s population,
Arnault v. Nazareno, 87 PHIL. 29 as per 1990 census, stands at
The Senate under the 1987 Constitution is not a continuing only 450,000.
body because less than majority of the Senators continue
into the next Congress. The consequence is that the Rules Answer:
of Procedure must be republished by the Senate after Granting that the population of Makati as of the 1990
every expiry of the term of twelve Senators. census stood at 450,000, its legislative district may still be
increased since it has met the minimum population
Power of contempt if end of Senate adjourns, what will requirement of 250,000.
happen? When can the power of contempt be removed?
The Supreme Court therefore concluded: "The Court finds Aquino III v. Comelec, G.R. # 189793, 7 April 2010
that the period of imprisonment under the inherent power Must each legislative district created by
of contempt by the Senate during inquiries in aid of Congress be supported by a minimum population of at
legislation should only last until the termination of the least 250,000 in order to be valid?
legislative inquiry under which the said power is invoked."
This could only mean that indefinite detention is absolutely Answer:
prohibited. This, to our mind, is a very important ruling There is no specific provision in the Constitution that fixes
because it involves a witness, not an accused. He is not a 250,000 minimum population that must compose a
even being charged of any offense, felony, or crime, and he legislative district.
ends up being detained.
Section 5(3) of Art VI of the Constitution, draws a plain and
When is legislative investigation/inquiry terminated: clear distinction between the entitlement of a city to a
1. When there is a resolution district on one hand, and the entitlement of a province to a
2. if the Senate decided to terminate district on the other. For while a province is entitled to at
3. Adjournment of Congress least a representative, with nothing mentioned about
population, a city must first meet a population minimum of
 The House of Representatives 250,000 in order to be similarly entitled.
 Composition Sema v. Comelec, G.R. No. 177597, July 16, 2008

(1) The House of Representatives shall be composed of not Question
more than 250 members, unless otherwise fixed by law, Whether Section 19, Article VI of RA 9054, delegating to
who shall be elected from legislative districts. the ARMM Regional Assembly the power to create
(2) The party-list representatives shall constitute 20% of provinces, cities, municipalities and barangays, is
the total membership of the House of Representatives. Constitutional.
(3) Each legislative district shall comprise, as far as
practicable, compact, contiguous and adjacent territory. Answer:
Each city with a population of at least 250,000 and each No. The power to create a province, or a city with a
province shall have at least one representative. population of 250,000 or more, requires also the power to
create a legislative district. The power to increase the
o District Representative – elected directly and allowable membership in the House of Representatives,
personally from the territorial unit he is seeking to and to reapportion legislative districts, is vested exclusively
represent. in Congress
Rules on Legislative Districting (Section 5 (3)) Nothing in Section 20, Article X of the Constitution
Mariano, Jr. v. Comelec (242 SCRA 211 [1995]) authorizes autonomous regions, expressly or impliedly, to
Question: create or reapportion legislative districts for Congress.
Whether or not the reapportionment of legislative districts
may be made by a special law, RA 7854, other than by a Question
general reapportionment of the law. If in the affirmative, whether a province created by the
ARMM Regional Assembly is entitled to one representative
Answer: in the House of Representative without a need of a
Reapportionment of legislative districts may be made national law creating a legislative district for such province.
through a special law. The Constitution clearly provides
that Congress shall be composed of not more than two Answer
hundred fifty (250) members, unless otherwise fixed by Pursuant to this Article VI Section 5 par 3, a representative
law. As thus worded, the Constitution did not preclude district may come into existence: (a) indirectly, through the
creation of a province — for "each province shall have at The process goes on to a third stage if there are still seats
least one member" in the House of Representatives; or (b) left from the party list quota of 20 percent of all the seats
by direct creation of several representative districts within in the House.
a province.
Atong Paglaum v. Comelec, G.R. # 203766, 02 April 2013
Re-Apportionment of Legislative Districts (Section 5 (4)) Question:
Tobias v. Abalos, G.R. No. L-114783, Dec. 8, 1994 6 Parameters in determining who are qualified to
Question: participate in Party-List election
Whether the division of Mandaluyong and San Juan was
made pursuant to a census showing that each attained the Question
minimum requirement of 250,000 inhabitants to justify May a political party participate in the party-list system of
their separation into 2 legislative districts. elections?
Answer: Answer:
Proceeding now to the other constitutional issues raised by Yes. The political party can participate in the party list
petitioners to the effect that there is no mention in the system with the following conditions:
assailed law of any census to show that Mandaluyong and 1. They do not field candidate in the legislative district
San Juan had each attained the minimum requirement of elections.
250,000 inhabitants to justify their separation into two 2. If they field a candidate, then the political party can join
legislative districts, the same does not suffice to strike the party list system under its sectoral wing through a
down the validity of R.A. No. 7675. The said Act enjoys the coalition with a sectoral party list (which can be
presumption of having passed through the regular independent).
congressional processes, including due consideration by
the members of Congress of the minimum requirements  Qualifications (Section 6)
for the establishment of separate legislative districts. At Section 6. No person shall be a Member of the House of
any rate, it is not required that all laws emanating from the Representatives unless he is a natural-born citizen of the
legislature must contain all relevant data considered by Philippines and, on the day of the election, is at least
Congress in the enactment of said laws. twenty-five years of age, able to read and write, and,
except the party-list representatives, a registered voter in
Question: the district in which he shall be elected, and a resident
Whether the assailed RA 7675 violates the present limit on thereof for a period of not less than one year immediately
the number of representatives as set forth in Article VI, preceding the day of the election.
Section 5 (1).
Meaning of Residence
Answer: Romualdez-Marcos v. Comelec, G.R. No. 119976, September
The Constitution clearly provides that the House of 18, 1995. (248 SCRA 300)
Representatives shall be composed of not more than 250
members, "unless otherwise provided by law." Thus, the Residence – actual physical habitation; it is the place
present composition of Congress may be increased, if where a person is presently at and where he/she is found.
Congress itself so mandates through a legislative Domicile denotes a... fixed permanent residence to which
enactment. when absent for business or pleasure, or for like reasons,
one intends to return.
o Party List Representative – chosen indirectly,
through the party he represents, which is the one voted for Domicile is classified into three, namely:
by the electorate. (1) domicile of origin, which is acquired by every person at
birth;
Ang Bagong Bayani-OFW Labor Party v. Comelec, G.R. # (2) Domicile of choice, which is acquired upon
147598, 26 June 2001 abandonment of the domicile of origin; and
Question: (3) domicile by operation of law, which the law attributes
Formula in the computation of the number of seats to a person independently of his residence or intention.
available to party-list representatives
Domicile by choice. There must concur:
Answer: (1) residence or bodily presence in the new locality;
In the first stage, the first seat is given to parties that (2) intention to remain (animus manendi) there; and
obtained a minimum of 2 percent of the total votes cast in (3) intention to abandon the old domicile (animus non
a party list election. revertendi)
In the second stage, the parties get one additional seat, or R. A. No. 9225 (Citizenship Retention and Re-acquisition
two seats in all, based on the allocation of the remaining Act of 2003)
seats. Natural born Filipino citizens who intend to, or have been,
naturalized in a foreign country, shall, upon taking oath of
allegiance as prescribed in Section 3 thereof, be deemed to interruption in the term of Abundo and he cannot be
have reacquired, or shall retain, their Philippine considered to have served the full 2004-2007 term.
Citizenship.
Consecutive terms that was involuntarily interrupted or
Accordingly, any natural born Filipino citizens who either broken.
retains or reacquire his aforesaid citizenship upon taking 1. When a permanent vacancy occurs in an elective
the second oath of allegiance where he, this time, makes a position and the official merely assumed the position
personal and sworn renunciation of any and all foreign pursuant to the rules on succession under the LGC
citizenship before any public officer authorized to 2. An elective official, who has served for three consecutive
administer an oath shall be qualified for election, or terms and who did not seek the elective position for what
appointment, to any constitutional office. could be his fourth term, but later won in a recall election
3. When a candidate is proclaimed as winner for an elective
Maquiling v. Comelec, G.R. # 195649, 16 April 2013 position and assumes office but loses in an election
The citizenship requirement for elective public office is a protest, and is ousted from office.
continuing requirement. It must be possessed not just at
the time of the renunciation of the foreign citizenship but Consecutive terms that was NOT involuntarily interrupted or
continuously. Any act which violates the oath of broken.
renunciation opens the citizenship issue to attack. 1. The abolition of an elective local office due to the
conversion of a municipality to a city
We therefore hold that Arnado, by using his US passport 2. Preventive suspension
after renouncing his American citizenship, has recanted 3. When an official is defeated in an election protest and
the same Oath of Renunciation he took. Section 40(d) of said decision becomes final after said official had served his
the Local Government Code applies to his situation. He is full term for said office
disqualified not only from holding the public office but
even from becoming a candidate in the May 2010  Election / Vacancies (Section 8 and 9)
elections.
Section 8. Unless otherwise provided by law, the regular
Dual citizens by virtue of birth, are not required by law to election of the Senators and the Members of the House of
take the oath of renunciation as the mere filing of the Representatives shall be held on the second Monday of
certificate of candidacy already carries with it an implied May.
renunciation of foreign citizenship.
Section 9. In case of vacancy in the Senate or in the House
Dual citizens by naturalization, on the other hand, are of Representatives, a special election may be called to fill
required to take not only the Oath of Allegiance to the such vacancy in the manner prescribed by law, but the
Republic of the Philippines but also to personally renounce Senator or Member of the House of Representatives thus
foreign citizenship in order to qualify as a candidate for elected shall serve only for the unexpired term.
public office.
Can the Congress be compelled to fill up vacancies of
Sobejana-Condon v. Comelec, G.R. # 198742, 10 August seats?
2012 Cannot.
Failure to renounce foreign citizenship in accordance with
the exact tenor of Section 5(2) of Republic Act (R.A.) No.  Salaries (Section 10)
9225 renders a dual citizen ineligible to run for and thus
hold any elective public office. Section 10. The salaries of Senators and Members of the
House of Representatives shall be determined by law. No
 Term (Section 7) increase in said compensation shall take effect until after
2 conditions for the application of the three-term limit the expiration of the full term of all the Members of the
Rule Senate and the House of Representatives approving such
1) that the official concerned has been elected for three increase.
consecutive terms in the same local government post and
2) that he has fully served three consecutive terms  Parliamentary Immunities (Section 11)
Whether or not Abundo is deemed to have served Section 11. A Senator or Member of the House of
three consecutive terms Representatives shall, in all offenses punishable by not
The declaration of being the winner in an election protest more than six years imprisonment, be privileged from
grants the local elected official the right to serve the arrest while the Congress is in session. No Member shall be
unexpired portion of the term. Verily, while he was questioned nor be held liable in any other place for any
declared winner in the protest for the mayoralty seat for speech or debate in the Congress or in any committee
the 2004-2007 term, Abundo’s full term has been thereof.
substantially reduced by the actual service rendered by his
opponent (Torres). Hence, there was actual involuntary Privilege from Arrest
Purpose – Intended to ensure representation of the Section 12. All Members of the Senate and the House of
constituents of the member of the Congress by preventing Representatives shall, upon assumption of office, make a
attempts to keep him from attending its session. full disclosure of their financial and business interests. They
shall notify the House concerned of a potential conflict of
People v. Jalosjos, G.R. # 132875-76, 03 February 2000 interest that may arise from the filing of a proposed
Whether or not accused-appellant, Romeo G. Jalosjos, be legislation of which they are authors.
allowed to discharge his mandate as member of the House
of Representatives.  Incompatible and Forbidden Offices (Section 13)
Section 13. No Senator or Member of the House of
No. The immunity from arrest or detention of Senators or Representatives may hold any other office or employment
members of the House of Representatives arises from a in the Government, or any subdivision, agency, or
provision of the Constitution and shows that this privilege instrumentality thereof, including government-owned or
has always been granted in a restrictive sense. controlled corporations or their subsidiaries, during his
term without forfeiting his seat. Neither shall he be
Privilege of Speech and Debate appointed to any office which may have been created or
Purpose – enables the legislator to express views bearing the emoluments thereof increased during the term for
upon public interest without fear of accountability outside which he was elected.
the halls of the legislature for his inability to support his
statements with the usual evidence required in the courts Incompatible Offices
of justice. Purpose – to prevent him from owing loyalty to another
branch of the government, to the detriment of the
Trillanes v. Castillo-Marigomen, G.R. No. 223451, March independence of the legislature and doctrine of separation
14, 2018 of powers.
Coverage of the privilege of speech and debate
1. Remarks must be made while the legislature or the Exceptions: if permitted by the Constitution
legislative committee is function; and, 1. Senator or Representative as member of Election
2. They must be made in connection with the discharge of tribunal
official duties. 2. Chairmen of Committees on Education can sit as ex
officio members of the UP Board of Regents
Petitioner's statements in media interviews are not 3. Legislature serving as treaty negotiators
covered by the parliamentary speech or debate" privilege.
The statements were clearly not part of any speech Liban v. Gordon, G.R. # 175352, 15 July 2009
delivered in the Senate or any of its committees. They The Supreme Court declared that the office of the
were also not spoken in the course of any debate in said Chairman of the Philippine National Red Cross [PNRC],
fora. It cannot likewise be successfully contended that they despite its having been created by a special law, is not to
were made in the official discharge or performance of be considered a government office or an office in a
petitioner's duties as a Senator, as the remarks were not government-owned or controlled corporation for purposes
part of or integral to the legislative process. of the prohibition under Section 13.
Jimenez v. Cabangbang, 17 SCRA 876 [1966] Forbidden Office

The privilege could not be invoked by a legislator Purpose – prevent trafficking of public office.
who had allegedly maligned the plaintiff in an open
letter to the President of the Philippines coursed X. POWERS OF THE CONGRESS (ARTICLE VI)
through and published in the newspapers. The finding
was that he had written the letter at a time when the 1. Legislative Power in General (Section 1)
Congress was in recess and in his private capacity only.
• Nature of the Power
Osmeña v. Pendatun, 109 PHIL. 863, 28 October 1960 The power of lawmaking, framing and enactment of laws.
The President of the Philippines himself who had been
vilified by the petitioner could not file any civil or criminal • Who may Exercise Legislative Power?
action against him because of his immunity. Nonetheless, The Congress of the Philippines consisting of a Senate and
the majority of the House of Representatives in which the a House of Representatives
questioned speech was delivered were not precluded from
demonstrating their loyalty to the chief executive by • Limitations on Legislative Power
declaring Osmena guilty of disorderly behavior and Substantive Limitations
suspending him in the exercise of disciplinary power. Except to the extent reserved to the people by the
provision on initiative and referendum.
Can member of the senate discipline other senate
members? Senate Ethics Committee. Procedural Limitations
SECTION 24. All appropriation, revenue or tariff bills, bills
 Conflict of Interest (Section 12) authorizing increase of the public debt, bills of local
application, and private bills shall originate exclusively in Purpose of the Article VI, Section 31
the House of Representatives, but the Senate may propose Is to preserve the republic and democratic nature of the
or concur with amendments. society.
SECTION 26. (1) Every bill passed by the Congress shall • Procedure in the Passage of Bills
embrace only one subject which shall be expressed in the Origin of Bills (Section 24)
title thereof. (Tolentino v. Secretary of Finance, G. R. No. 115455,
August 25, 1994)
(2) No bill passed by either House shall become a law • Origin of bills: Does the filing of a substitute bill before
unless it has passed three readings on separate days, and the Senate (revenue, tariff, or tax bills, etc.) violate Section
printed copies thereof in its final form have been 24, Art. VI of the Constitution?
distributed to its Members three days before its passage, No. The Constitution does not prohibit the filing in the
except when the President certifies to the necessity of its Senate of a substitute bill in anticipation of its receipt of
immediate enactment to meet a public calamity or the bill from the House, so long as action by the Senate
emergency. Upon the last reading of a bill, no amendment as a body is withheld pending receipt of the House bill.
thereto shall be allowed, and the vote thereon shall be
taken immediately thereafter, and the yeas and nays Consolidation was consistent with the power of the Senate
entered in the Journal. to propose or concur with amendments to the version
originated from the House.
SECTION 27. (1) Every bill passed by the Congress shall,
before it becomes a law, be presented to the President. If Title of Bills (Section 26 [1])
he approves the same, he shall sign it; otherwise, he shall (Philippine Judges Association v. Prado, 227 SCRA 630)
veto it and return the same with his objections to the • Title of a bill – requirements (Sec 26 [1])
House where it originated, which shall enter the objections
at large in its Journal and proceed to reconsider it. If, after • Title of a bill – when sufficient?
such reconsideration, two-thirds of all the Members of a. If the title fairly indicates the general subject
such House shall agree to pass the bill, it shall be sent, b. reasonably covers all the provisions of the act
together with the objections, to the other House by which c. is not calculated to mislead the legislature or the
it shall likewise be reconsidered, and if approved by two- people
thirds of all the Members of that House, it shall become a
law. In all such cases, the votes of each House shall be (Lidasan v. Comelec, 21 SCRA 496)
determined by yeas or nays, and the names of the An Act Creating the Municipality of Dianaton in the
Members voting for or against shall be entered in its Province of Lanao del Sur comprised not only barrios in
Journal. The President shall communicate his veto of any Lanao del Sur but also two municipalities to be
bill to the House where it originated within thirty days after dismembered in the adjacent province of Cotabato.
the date of receipt thereof; otherwise, it shall become a
law as if he had signed it. (Tobias v. Abalos, G.R. # 114783, 8 December 1994)
(2) The President shall have the power to veto any Formalities (Section 26 [2])
particular item or items in an appropriation, revenue, or (Tolentino v. Secretary of Finance, G.R. No. 115455,
tariff bill, but the veto shall not affect the item or items to August 25, 1994)
which he does not object. • Whether S. No. 1630 violated Article VI, Sec.
26(2) because it did not pass 3 readings on separate days
• Prohibited Measures because the second and third readings were done on the
Article VI, Section 30 same day, March 24, 1994.
No law shall be passed increasing the appellate jurisdiction Answer: No. The presidential certification dispensed with
of the Supreme Court as provided in this Constitution the requirement not only of printing but also that of
without its advice and concurrence. reading the bill on separate days.
(Fabian v. Desierto, G.R. # 129742, 16 September 1998)
(Diaz v. Court of Appeals ( 238 SCRA 785 [1994])) • Effects of a Presidential Certification of a Bill
A certification that the bill is urgent removes the
Purpose of the Article VI, Section 30 requirement of separate days for the three readings (in
Prevent further additions to the present tremendous case other words, all three approvals can be done on the same
load of the SC. day), as well as the requirement of printing/distribution
three days before the passage of the bill.
Article VI, Section 31
No law granting a title of royalty or nobility shall be • Journal v. Enrolled Bill
enacted. Under the Enrolled Bill Doctrine, courts will respect the
certification of the presiding officers of both Houses that a
bill has been duly passed, where there is no evidence to the
contrary.
Conference Committee In aid of Legislation

(Philippine Judges Association v. Prado, 227 SCRA 630) (Bengzon v. Senate Blue Ribbon Committee, 203 SCRA
767)
• What is the bi-cameral conference committee? The purpose of the inquiry is not in aid of legislation but to
A Conference Committee is composed of Members from find out violation of Section 5 of RA No. 3019, the “Anti-
each House of Congress to settle, reconcile or thresh out Graft and Corrupt Practices Act”. And there being no
differences or disagreements on any provision of the bill. suggestion of contemplated legislation. Thus, inquiry
cannot be given due course.
• Function of the bi-cam conference committee.
The conferees are not limited to reconciling the differences (Sabio v. Gordon, G.R. # 174340, 17 October 2006)
in the bill but may introduce new provisions germane to • Whether the power of legislative inquiry violate
the subject matter or may report out an entirely new bill on the right to privacy.
the subject. No. Compared to ordinary individuals, their actions are
subject to closer scrutiny. Taking this into consideration,
Approval of Bills (Section 27) the Court ruled that the right of the people to access
3 Methods by which a Bill may become a Law information on matters of public concern prevails over the
1. When the President signs it right to privacy of financial transactions.
2. When the President vetoes it but the veto is overridden
by two-thirds of all members of each House. In Accordance with Duly Published Rules of Procedure
3. When the President does not act upon the measure (Ranada et al. v. Senate of the Philippines, G.R. # 179275,
within thirty days after it shall have been presented to him. 23 December 2008)
The Senate cannot be allowed to continue with the
Veto Power (Section 27) conduct of the questioned legislative inquiry without duly
General Veto Power – President can veto a bill on its published rules of procedure, in clear derogation of the
entirety or not at all. constitutional requirement.
Item Veto Power – applicable to appropriate, revenue or Rights of Witnesses Must be Respected
tariff bills. The President can veto any particular item or (Standard Chartered Bank v. Senate Committee on
items without affecting the item or items the President Banks, G.R. # 167173, 27 December 2007)
does not object. • Whether legislative inquiry would encroach
upon judicial powers vested only in courts?
(Bengzon v. Drilon, 235 SCRA 506) No
(Gonzales v. Macaraeg 191 SCRA 452 [1990])
(Gudani v. Senga, G.R. # 170165, 15 August 2006)
Power of Congressional Oversight • May the President prevent a member of the armed forces
3 Categories of Oversight Powers of Congress from testifying before a legislative inquiry?
a. Scrutiny – determine the economy and efficiency of the Yes. The President has constitutional authority to do so, by
operation of government activities virtue of her power as commander-in-chief, and that as a
b. Congressional Investigation – involves more intense consequence a military officer who defies such injunction is
digging of facts liable under military justice.
c. Legislative supervision – continuing and informed
awareness on the part of congressional committee (Lopez v. De Los Reyes, 55 PHIL. 170 (1930))
regarding executive operations in a given administrative Period of imprisonment for contempt during inquiries in
area. aid of legislation conducted by the House of
Representatives
Legislative Veto – Congress exercises supervision over the Imprisonment from contempt of a legislative body must
executive agencies through its veto power. terminate with that of adjournment of the session the
contempt occurred.
(Abakada Guro Party-List v. Purisima, G.R. # 166715, 14
August 2008) (Balag v. Senate of the Philippines, et al., G.R. No. 234608,
Is a legislative veto constitutional? 03 July 2018)
A provision that requires the Congress to approve • Period of imprisonment for contempt during inquiries in
Implementing Rules of a law after it has already taken an aid of legislation conducted by the Senate
effect shall be deemed unconstitutional. the period of imprisonment under the inherent power of
contempt of the Senate during inquiries in aid of legislation
2. The Power of Legislative Inquiry (Section 21) • should only last until the termination of the legislative
inquiry.
Limitations – should be in aid of legislation whether it be
under consideration already or still to be drafted. The • Two instances when legislative inquiry of the
respective house shall publish their rules and procedures. Senate is considered terminated.
1. Upon the approval or disapproval of the Committee 5. The Emergency Powers (Section 23 [2])
Report.
2. Upon the termination of one (1) Congress • Article VI, Section 23(2) compared to Article XII, Section
17
3. Appearance of Department Heads (Section 22) •
(David vs. Arroyo, G. R. No. 171396, 3 May 2006)
Purpose o Distinction between the President’s authority to declare
a “state of rebellion” and the authority to proclaim a “state
(Senate v. Ermita, G.R. No. 169777, 20 April 2006) of national emergency.”
Appearance of Department heads under Section 22, Art.
VI; What are the conditions? The power of the President to declare a state of rebellion is
based on the power of the President as chief executive and
Distinctions between the power to conduct legislative commander-in-chief of the Armed Forces of the
inquiry under section 21, Art. VI and the power to conduct Philippines to suppress it. It is not necessary for the
a question hour under Section 22, Art. VI; President to declare a state of rebellion before calling out
Attendance of executive officials during the Question Hour the Armed forces of the Philippines to suppress it. The
was meant to be discretionary while it was compulsory in proclamation only gives notice to the nation that such a
inquiries in aid of legislation. state exists and that the Armed Forces of the Philippines
may be called upon to suppress it
Meaning of executive privilege;
The power of the Government to withhold information On the other hand, a proclamation of a state of national
from public, the courts, and the Congress. emergency, the President is already calling out the Armed
Forces of the Philippines to suppress not only rebellion but
What does it include/cover? also lawless violence.
1. Executive privilege covers all confidential or classified
information between the President and the public officers o Is it within the domain of the President to promulgate
covered by this executive order, “decrees?”
2. Conversations and correspondence between the No. resident Arroyo the power to enact laws and decrees in
President and the public official covered by this executive violation of Section 1, Article VI of the Constitution, which
order vests the power to enact laws in Congress.
3. Military, diplomatic and other national security matters
which in the interest of national security should not be o Can the President enforce obedience to all decrees and
divulged laws through the military?
4. Information between inter-government agencies prior President Arroyo has no authority to enact decrees. It
to the conclusion of treaties and executive agreements follows that these decrees are void and, therefore, cannot
5. Discussion in close-door Cabinet meetings be enforced.
6. Matters affecting national security and public order
o Limitations on emergency powers of the President under
Who may invoke executive privilege? Section 23, Art. VI
1. Senior officials of executive departments who in the (1) There must be a war or other emergency.
judgment of the department heads are covered by the (2) The delegation must be for a limited period only.
executive privilege; (3) The delegation must be subject to such restrictions as
2. Generals and flag officers of the Armed Forces of the the Congress may prescribe.
Philippines and such other officers who in the judgment of (4) The emergency powers must be exercised to carry out a
the Chief of Staff are covered by the executive privilege; national policy declared by Congress.
3. Philippine National Police (PNP) officers with rank of
chief superintendent or higher and such other officers who o Limitations on emergency powers of the President under
in the judgment of the Chief of the PNP are covered by the Section 17, Art. XII.
executive privilege; 1. There must be national emergency
4. Senior national security officials who in the judgment of 2. The public interest requires it
the National Security Adviser are covered by the executive
privilege; and 6. The Power of Appropriation (Section 29 [1])
5. Such other officers as may be determined by the
President. • Appropriation Defined
Statute which the primary and specific purpose is to
4. The War Powers (Section 23 [1]) authorize the release of public funds from the Treasury.
The Congress, by a vote of two-thirds of both Houses in • Implied Limitations

joint session assembled, voting separately, shall have the 1. Appropriation is devoted for public purpose.
sole power to declare the existence of a state of war. 2. Sum authorized to be released must be determinate or at
least determinable.
(Belgica v. Ochoa, G.R. # 208566, 11 November 2013)
• Constitutional Limitations Whether the 2013 PDAF special provisions that allowed
On general appropriations legislators, after passage of the GAA, to identify projects
Section 25 [1]. The Congress may not increase the and that accorded them post- enactment authority in the
appropriations recommended by the President for the areas of fund release and fund realignment violation of
operation of the Government as specified in the budget. doctrine of separation of powers.
The form, content, and manner of preparation of the Yes. The budgeting power lies in Congress. It regulates the
budget shall be prescribed by law. release of funds (power of the purse). The executive, on
the other hand, implements the laws – this includes the
Section 25 [2]. No provision or enactment shall be GAA to which the PDAF is a part of. Only the executive
embraced in the general appropriations bill unless it relates may implement the law but under the pork barrel system,
specifically to some particular appropriation therein. Any what’s happening was that, after the GAA, itself a law, was
such provision or enactment shall be limited in its operation enacted, the legislators themselves dictate as to which
to the appropriation to which it relates. projects their PDAF funds should be allocated to – a clear
act of implementing the law they enacted – a violation of
(Garcia v. Mata, G.R. No. L-33713, July 30, 1975) the principle of separation of powers.
o Constitutional prohibition against non- appropriation item
inserted in an appropriation measure (Section 25 (2) Article Whether the 2013 PDAF Article insofar as it confers post-
VI). enactment identification authority to individual legislators
RA 1600 is , is restricted to “appropriating funds for the violates the principle of non-delegability.
operation of the government while Section 11 refers to a Yes. In this case, the PDAF articles which allow the
fundamental governmental policy of calling to active duty individual legislator to identify the projects to which
and the reversion of inactive statute of reserve officers in his PDAF money should go to is a violation of the
the AFP. Such provisions are void, inoperative and without rule on non-delegability of legislative power. The power to
effect. appropriate funds is solely lodged in Congress (in the two
houses comprising it) collectively and not lodged in the
Section 25 [3]. The procedure in approving appropriations individual members.
for the Congress shall strictly follow the procedure for
approving appropriations for other departments and Whether the legislator’s identification of the projects after
agencies. passage of the GAA violates the veto power of the
President.
On special appropriation
Section 25 [4]. A special appropriations bill shall specify the (Araullo v. Aquino, G.R. # 209287, 01 July 2014)
purpose for which it is intended, and shall be supported by Constitutionality of Disbursement Acceleration Program
funds actually available as certified by the National (DAP);
Treasurer, or to be raised by a corresponding revenue DAP did not violate Section 29(1), Art. VI of the
proposed therein. Constitution. In DAP no additional funds were withdrawn
from the Treasury otherwise, an appropriation made by
Discretionary Funds law would have been required. Funds, which were already
Section 25 [6]. Discretionary funds appropriated for appropriated for by the GAA, were merely being realigned
particular officials shall be disbursed only for public via the DAP.
purposes to be supported by appropriate vouchers and
subject to such guidelines as may be prescribed by law. The 4 acts and practices under the DAP that violated the
provisions of Section 29 (1), Art. VI and Section 25 (5), Art.
Transfer of Appropriations VI of the Constitution
Section 25 [5]. No law shall be passed authorizing any 1. The withdrawal of unobligated allotments from
transfer of appropriations; however, the President, the implementing agencies
President of the Senate, the Speaker of the House of 2. Declaration of the withdrawn unobligated allotments
Representatives, the Chief Justice of the Supreme Court, and unreleased appropriations as savings prior to the end
and the heads of Constitutional Commissions may, by law, of fiscal year
be authorized to augment any item in the general 3. Cross-border transfer of the savings of the Executive to
appropriations law for their respective offices from savings augment the appropriations of other offices outside the
in other items of their respective appropriations. Executive
4. The funding of projects, activities and programs that
o Limitations were not covered by any appropriation in the GAA.
Two conditions must be met: 1) the funds to be realigned
are actually savings, and 2) the transfer is for the purpose Savings defined
of augmenting the items of expenditures to which said Savings refer to portions or balances of any programmed
transfer to be made. appropriation in this Act free from any obligation or
(Philconsa v. Enriquez, 235 SCRA 506 [1994]) encumbrance which are: (i) still available after the
completion or final discontinuance or abandonment of the
work, activity or purpose for which the appropriation is (Kapatiran ng mga Naglilingkod sa Pamahalaan ng Pil. v.
authorized; (ii) from appropriations balances arising from Tan (163 SCRA 371 [1988]))
unpaid compensation and related costs pertaining to
vacant positions and leaves of absence without pay; and  Delegation of Tariff Powers to the President
(iii) from appropriations balances realized from the (Section 28 [2])
implementation of measures resulting in improved
systems and efficiencies and thus enabled agencies to  Tax Exemptions
meet and deliver the required or planned targets, o Section 28 [3]
programs and services approved in this Act at a lesser cost. Charitable institutions, churches and parsonages or
convents appurtenant thereto, mosques, non-profit
Requirements in transfer of savings; cemeteries, and all lands, buildings, and improvements,
1. that the source of funds to be transferred were savings actually, directly, and exclusively used for religious,
from appropriations within the respective offices; and charitable, or educational purposes shall be exempt from
2. that the transfer must be for the purpose of augmenting taxation.
an item of appropriation within the respective offices.
(Lladoc v. Commissioner of Internal Revenue, 14 SCRA
• Automatic Re-Appropriation (Section 25 [7]) 292)
If, by the end of any fiscal year, the Congress shall have • Meaning of “exempt from taxation.”
failed to pass the general appropriations bill for the Exempt from taxation should not be interpreted to mean
ensuing fiscal year, the general appropriations law for the exemption from all kinds of taxes. The taxes covered by
preceding fiscal year shall be deemed reenacted and shall the constitutional exemption are real estate taxes or ad
remain in force and effect until the general appropriations valorem taxes imposed on the property itself. A gift tax is
bill is passed by the Congress. not a property tax but an excise tax imposed on the
transfer of property by way of gift inter vivos
• Appropriations For Sectarian Purposes (Section 29
[2]) (Lung Center of the Philippines v. Quezon City, G.R. #
No public money or property shall be appropriated, applied, 144104, 29 June 2004)
paid, or employed, directly or indirectly, for the use, benefit, • Whether the real properties, the hospital building and
or support of any sect, church, denomination, sectarian those leased to private entities, of the Lung Center, a
institution, or system of religion, or of any priest, preacher, charitable institution, are exempt from real property taxes.
minister, or other religious teacher, or dignitary as such, No. The portions occupied by the hospital used for its
except when such priest, preacher, minister, or dignitary is patients are exempt from real property taxes while those
assigned to the armed forces, or to any penal institution, or leased to private entities are not exempt from such taxes.
government orphanage or leprosarium.
o Section 28 [4]
o Aglipay v. Ruiz, 64 PHIL. 201 No law granting any tax exemption shall be passed without
o Garces v. Estenzo, 105 SCRA 510 the concurrence of a majority of all the Members of the
Congress.
• Special Funds (Section 29 [3])
All money collected on any tax levied for a special purpose (City Gov’t of Quezon City v. Bayan Telecommunications,
shall be treated as a special fund and paid out for such Inc., G.R. # 162015, 6 March 2006)
purpose only. If the purpose for which a special fund was The Court views this subsequent piece of legislation as an
created has been fulfilled or abandoned, the balance, if any, express and real intention on the part of Congress to once
shall be transferred to the general funds of the again remove from the LGC’s delegated taxing power, all
Government. of the franchisee’s (Bayantel’s) properties that are actually,
directly and exclusively used in the pursuit of its franchise.
7. The Power of Taxation (Section 28 [1])
 Uniform Taxation 8. The Power of Concurrence
Persons or things belonging to the same class shall be
taxed at the same rate.
 Article VII, Section 19 (2)
He shall also have the power to grant amnesty with the
 Equitable Taxation concurrence of a majority of all the Members of the
Tax imposed must be according to the taxpayer’s capacity Congress
to pay.
 Article VII, Section 21
 Progressive No treaty or international agreement shall be valid and
Is one which intends to accelerate instead of arrest effective unless concurred in by at least two-thirds of all
economic growth. the Members of the Senate.
o Pimentel v. Executive Secretary, G.R. No. 158088, July 6, (3) Unless otherwise provided by law, the regular election
2005 for President and Vice-President shall be held on the second
In treaty-making, the President has the sole authority to Monday of May.
negotiate with other states and enter into treaties but this
power is limited by the Constitution with the 2/3 required  Canvass of Votes and Proclamation (Section 4, 4th to
vote of all the members of the Senate for the treaty to be 6th paragraphs)
valid.
(4) The returns of every election for President and Vice-
9. Referendum and Initiative (Section 32) President, duly certified by the board of canvassers of each
province or city, shall be transmitted to the Congress,
• Article VI, Section 1 directed to the President of the Senate. Upon receipt of the
certificates of canvass, the President of the Senate shall,
• RA 6735 not later than thirty days after the day of the election, open
o Meaning of Initiative and Referendum all the certificates in the presence of the Senate and the
Initiative is the power of the people to propose bills and House of Representatives in joint public session, and the
laws, and to enact or reject them at polls, independent of Congress, upon determination of the authenticity and due
the legislative assembly. execution thereof in the manner provided by law, canvass
the votes.
Referendum is the power of the electorate to approve or
reject a legislation through an election called for the (5) The person having the highest number of votes shall be
purpose. proclaimed elected, but in case two or more shall have an
equal and highest number of votes, one of them shall
o Kinds of Initiative forthwith be chosen by the vote of a majority of all the
Three systems of initiative: Members of both Houses of the Congress, voting
1. Initiative on the Constitution which refers to a petition separately.
proposing amendments to the Constitution;
2. Initiative on statutes which refers to a petition proposing (6) The Congress shall promulgate its rules for the
to enact a national legislation; and canvassing of the certificates.
3. Initiative on local legislation which refers to a petition
proposing to enact a regional, provincial, city, municipal, or  Supreme Court as Presidential Electoral Tribunal
barangay law, resolution or ordinance. (PET) (Section 4, 7th paragraph)
o Kinds of Referendum o Jurisdiction

1. Referendum on statutes which refers to a petition to The Supreme Court, sitting en banc, shall be the sole judge
approve or reject an act or law or part thereof of all contests relating to the election, returns, and
2. Referendum on local law which refers to a petition to qualifications of the President or Vice-President, and may
approve or reject a law, resolution or ordinance enacted by promulgate its rules for the purpose.
regional and local assemblies
(Macalintal v. PET, G.R. # 191618, 23 November 2010)
XI. THE EXECUTIVE DEPARTMENT (ARTICLE VII) Constitutionality of the constitution of the PET
Yes. The PET is not a separate and distinct entity from the
1. The President Supreme Court, albeit it has functions peculiar only to the
 Qualifications (Section 2) Tribunal
No person may be elected President unless he is a natural-
born citizen of the Philippines, a registered voter, able to Nature of the power of PET
read and write, at least forty years of age on the day of the
election, and a resident of the Philippines for at least ten (Defensor Santiago v. Ramos, P.E.T. Case No.001, 13
years immediately preceding such election. February 1996, 253 SCRA 559)
(Legarda v. De Castro, Presidential Electoral Tribunal Case
 Election (Section 4, 1st and 3rd paragraphs) No. 003, 18 January 2008, 542 SCRA 125 )
(1) The President and the Vice-President shall be elected by
direct vote of the people for a term of six years which shall  Term (Section 4, 1st and 2nd paragraphs)
begin at noon on the thirtieth day of June next following the
day of the election and shall end at noon of the same date, 2. The Vice-President
six years thereafter. The President shall not be eligible for  Qualifications (Section 3)
any re-election. No person who has succeeded as President There shall be a Vice-President who shall have the same
and has served as such for more than four years shall be qualifications and term of office and be elected with, and in
qualified for election to the same office at any time. the same manner, as the President. He may be removed
from office in the same manner as the President.
The Vice-President may be appointed as a Member of the provided in this Constitution, hold any other office or
Cabinet. Such appointment requires no confirmation. employment during their tenure. They shall not, during said
tenure, directly or indirectly, practice any other profession,
 Election, Term (Section 4, 1st and 2nd paragraphs) participate in any business, or be financially interested in
(2) No Vice-President shall serve for more than two any contract with, or in any franchise, or special privilege
successive terms. Voluntary renunciation of the office for granted by the Government or any subdivision, agency, or
any length of time shall not be considered as an interruption instrumentality thereof, including government-owned or
in the continuity of the service for the full term for which he controlled corporations or their subsidiaries. They shall
was elected. strictly avoid conflict of interest in the conduct of their
office.
3. Oath of Office (Section 5)
The spouse and relatives by consanguinity or affinity within
4. Perquisites (Section 6) the fourth civil degree of the President shall not, during his
The President shall have an official residence. The salaries tenure, be appointed as Members of the Constitutional
of the President and Vice-President shall be determined by Commissions, or the Office of the Ombudsman, or as
law and shall not be decreased during their tenure. No Secretaries, Undersecretaries, chairmen or heads of
increase in said compensation shall take effect until after bureaus or offices, including government-owned or
the expiration of the term of the incumbent during which controlled corporations and their subsidiaries.
such increase was approved. They shall not receive during
their tenure any other emolument from the Government or Note:
any other source. Section 13, Article VII must not, however, be construed as
applying to posts occupied by executive officials specified
5. Presidential Succession therein without additional compensation in an ex-officio
Rules on Presidential Succession capacity as provided by law and as required by the primary
o When may the Vice-President act as President (Sections functions of said officials’ office.
7)
1. If the president fails to qualify. (failure to assume his  Civil Liberties Union v. Executive Secretary, G.R. #
office by taking oath and entering into the discharge of 83896, 22 February 1991
duties) Article VII, Section 13 versus Article IX-B, Section 7
2. If the President shall not have been chosen. (failure to The general rule is that all appointive officials in the civil
elect the President due to elections not yet completed or service are allowed to hold other office or employment in
not yet held) the government during their tenure. Provided, that such
holding of another employment is allowed by law or by their
o When may the Vice-President become the President primary functions. The questioned appointive positions in
(Section 8) EO 284 are Cabinets, their undersecretaries, and assistant
1. In case of death secretaries. The latter positions are appointive in nature,
2. permanent disability thus it seems that it is also covered by Sec. 7 Article I-XB of
3. removal from office or the Constitution, but it is not. The exception now is
4. resignation. provided under Sec. 13, Article VII of the Constitution. The
provision specifically includes the appointive positions of
o President’s temporary inability (Section 11) “Cabinets, their undersecretaries, and assistant secretaries.
(Estrada v. Macapagal-Arroyo, G.R. # 146738, 2 March xxx
2001)
 Funa v. Ermita, G.R. # 184740, 11 February 2010
6. Vice Presidential Succession (Section 9)
Whenever there is a vacancy in the Office of the Vice-  Betoy v. Board of Directors, National Power Corp., G.R.
President during the term for which he was elected, the # 156556-57, 4 October 2011
President shall nominate a Vice-President from among the "The production and supply of energy is undoubtedly one
Members of the Senate and the House of Representatives of national interest and is a basic commodity expected by
who shall assume office upon confirmation by a majority the people. This Court, therefore, finds the designation of
vote of all the Members of both Houses of the Congress, the respective members of the Cabinet, as ex-officio
voting separately. members of the NPB, valid.
7. Vacancy in the Offices of the President and the Vice-
President (Section 10) 9. Presidential Immunity
• Procedure in Filling Vacancy in the offices of the  Rubrico v. Arroyo, G.R. # 183871, 18 February 2010
President and the VP Settled is the doctrine that the President, during his tenure
of office or actual incumbency, may not be sued in any civil
8. Inhibitions (Section 13) or criminal case, and there is no need to provide for it in the
 What are the inhibitions? Constitution or law.
The President, Vice-President, the Members of the Cabinet,
and their deputies or assistants shall not, unless otherwise  Soliven v. Makasiar, G.R. # 82585, 14 November 1998
provided by law in accordance with the constitutional
10. Executive Privilege limitation.
 Definition of Executive Privilege
The power of the government or the rights of the President o Residual powers of the President
and high executive officials to withhold information from Marcos v. Manglapus, 177 SCRA 668 (1989)
the public, the courts, and the Congress. The powers of the President cannot be limited only to the
specific powers enumerated in the constitution. Executive
 Kinds of Executive Privilege power is more than the sum of specific powers
Informer’s Privilege - privilege of the Government not to enumerated.
disclose the identity of a person or persons who furnish
information on violations of law to officers charged with EO 292, Chapter 7, Section 20
the enforcement of that law Residual Powers.—Unless Congress provides otherwise,
the President shall exercise such other powers and
Presidential Communications Privilege – frank exchange of functions vested in the President which are provided for
exploratory ideas and assessments free from glare of under the laws and which are not specifically enumerated
publicity and interested parties, to protect the decision above, or which are not delegated by the President in
making of the President. accordance with law.
Elements
1. relate to quintessential and non delegable presidential General Power to Reorganize the Office of the President
power EO 292 Section 31 (1) – The President can reorganize the
2. must authored, solicited or received from a close a close Office of the President Proper by abolishing, consolidating,
adviser merging or transferring of functions from one unit to
3. It may be overcome if sought by an appropriate another.
investigating authority EO 292 Section 31 (2) and (3) – The President’s power to
reorganize offices outside of the Office of the President
Deliberative Process Privilege – covers reflecting advisory Proper but still within the Office of the President is limited
opinions, recommendations and deliberations to merely transferring functions or agencies from the
compromising part of process by which governmental Office of the President to Departments or Agencies, or vice
decisions and policies are formulated. versa.
Diplomatic Negotiations Privilege – frank exchange of o May the President delegate executive powers?
exploratory ideas between the negotiating parties by
shielding such negotiations from public view Judge Angeles v. Hon. Gaite, et al., G.R. # 165276, 25
November 2009
 Who may invoke The President’s act of delegating authority to the
Since the executive power belongs to the President, only Secretary of Justice by virtue of said Memorandum Circular
the President can invoke it. The Executive Secretary, as an is well within the purview of the doctrine of qualified
exception to the rule, can invoke the privilege on behalf of political agency, long been established in our jurisdiction.
the President.
Doctrine of qualified political agency
 Neri v. Senate Committee on Accountability of Public Department secretaries are alter egos or assistants of the
Officers, G.R. #180643, 25 March 2008 President and their acts are presumed to be those of the
 AKBAYAN v. Aquino, G.R. # 170516, 16 July 2008 latter unless disapproved or reprobated by him. Thus, as a
rule, an aggrieved party affected by the decision of a
XII. POWERS OF THE PRESIDENT cabinet secretary need not appeal to the Office of the
President and may file petition for certiorari directly in the
1. Executive Power in General (Section 1) Court of Appeals assailing the said act of the secretary.
o Does the President exercise the totality of Doctrine of exhaustion of administrative remedies
executive power? In general, no one is entitled for judicial relief for a
Villena v. Executive Secretary, 67 PHIL 451 supposed or threatened injury until the prescribed
That the President of the Philippines is the Executive of the administrative remedy has been exhausted. Otherwise, the
Government of the Philippines and no other. complaint will be dismissed for being premature or having
no cause of action.
Planas v. Gil, 67 PHIL 62
All executive authority is thus vested in the President. 2. The Appointing Power (Section 16)
Lacson v. Roque, 92 PHIL 456 Appointment – selection, by the authority vested with the
Mondaño v. Silvosa, 97 PHIL 143 power, of an individual who is to exercise the functions of a
The President’s power of general supervision over local given office.
governments could be exercised by him only as may be
o Limitations on the Appointing Power is the alter ego of the President, the acting appointee to
Article VII, Section 13, paragraph 2 the office must necessarily have the President's
The spouse and relatives by consanguinity or affinity within confidence. Thus, by the very nature of the office... of a
the fourth civil degree of the President shall not, during his department secretary, the President must appoint in an
tenure, be appointed as Members of the Constitutional acting capacity a person of her choice even while Congress
Commissions, or the Office of the Ombudsman, or as is in session.
Secretaries, Undersecretaries, chairmen or heads of
bureaus or offices, including government-owned or o Officials subject to the appointing power of the
controlled corporations and their subsidiaries. President
Article VII, Section 14 Appointments subject to Confirmation

Appointments extended by an Acting President shall (1) The heads of the executive departments.
remain effective, unless revoked by the elected President, (2) Ambassadors, other public ministers and consuls.
within ninety days from his assumption or reassumption of (3) Officers of the armed forces from the rank of
office. colonel or naval captain.
(4) Those other officers whose appointments are
Article VII, Section 15 vested in him by the Constitution. Example: Chairman and
Two months immediately before the next presidential Members of the Constitutional Commissions and regular
elections and up to the end of his term, a President or members of JBC
Acting President shall not make appointments, except (5) All other officers of the government whose
temporary appointments to executive positions when appointments are not provided for by law.
continued vacancies therein will prejudice public service or (6) Those whom he may be authorized by law to
endanger public safety. appoint.
De Castro v. Judicial and Bar Council, G.R. # 191002, 17 Appointments not subject to Confirmation
March 2010 1. Commissioner of Customers
Prohibition under Section 15, Article VII does not apply to 2. Chairman and Members of the National Labor Relations
appointments to fill a vacancy in the Supreme Court or to Commission
other appointments to the Judiciary. 3. Members of the Supreme Court and judges of lower
courts
o Kinds of Appointment 4. Appointment of VP as member of the Cabinet
Permanent Appointment – those extended to persons 5. Officers in lower rank
possessing the requisite eligibility and are, thus, protected
by constitutional provisions on security of tenure. Sarmiento v. Mison, 156 SCRA 549
Commissioner of Customs was held not subject to
Temporary Appointment – given to persons without such confirmation, being of the rank of the bureau director.
eligibility and are revocable at will and without the
necessity of just cause or valid investigation. o Regular v. Ad Interim Appointments
General v. Urro, G.R. # 191560, 29 March 2011 1. The regular appointment is made during the legislative
Since the petitioner merely holds an acting appointment session; the ad interim appointment is made during the
(expired acting appointment) he clearly does not have a recess.
cause of action to maintain the present petition. The 2. The regular appointment is made only after the
essence of an acting appointment is its temporariness and nomination is confirmed by the Commission on
its consequent revocability at any time by the appointing Appointment; the ad interim appointment is made before
authority. such confirmation.
3. The regular appointment once confirmed by the
Designation – imposition of additional duties, usually by Commission on Appointments, continues until the end of
law, on a person already in public service. the term of the appointee; the ad interim appointment shall
cease to be valid if disapproved by the Commission on
Acting Appointment – temporary in nature. It is a stop-gap Appointments or upon the next adjournment of the
measure intended to fill an office for a limited time until Congress.
the appointment of a permanent occupant to the office.
o Steps in the appointing process
Pimentel v. Ermita, G.R. # 164978, 13 October 2005
The constitutionality of appointment of certain Cabinet In Regular Appointment
members as acting secretaries without the consent of the 1. Nomination by the President
Commission on Appointments while Congress is in session. 2. Confirmation which is the prerogative of the
Commission on Appointments
The office of a department secretary may become vacant 3. Issuance of the commission by the President
while Congress is in session. Since a department secretary
In Ad Interim Appointment
1. Appointment comes before the confirmation  Control and Supervision – Meaning
Control – the power of an officer to alter, modify,
nullify or set aside what the subordinate officer had
3. The Removal Power done in the performance of his duties and to substitute
the judgment of the former for that of the latter.
 Constitutional Basis?
All official appointed by the President are not Supervision – overseeing or the power or the authority
removable by him due to Constitutional limitations of an officer to see that the subordinate officer
(see below). performs his duties.
 Officials subject to the removal power of the  Scope of the power of control;
President  Distinction between the power of control and
All other cases where the power of removal is lodged supervision
in the President, only for cause as maybe provided by
law and in accordance with the prescribe Lacson-Magallanes v. Paño, 21 SCRA 895
administrative procedures. The exception only is with Under our constitutional setup the Executive Secretary
respect to the members of the Cabinet or other who acts for and in behalf and by authority of the
executive officials whose term of office is determined President has an undisputed jurisdiction to affirm,
at the pleasure of the president. modify, or even reverse any order” that the Secretary
of Agriculture and Natural Resources, including the
Gonzales III v. Office of the President et al., G.R. No. Director of Lands, may issue.
196231, 28 January 2014
The act of the Executive Secretary, acting as the alter
Are the Ombudsman and his Deputies subject to the ego of the President, shall remain valid until reversed,
removal power of the President? disapproved, or reprobated by the President. In this
case, no reprobation was made hence the decision
The Constitution is clear that only the Ombudsman is granting the land to Paño cannot be reversed.
subject to impeachment proceedings. While silent as
to the disciplinary authority over a Deputy Ang-Angco v. Castillo, 9 SCRA 619 [1963]
Ombudsman, the subsequent enactment of the Can the President use his power of control to discipline
Ombudsman Act filled this gap and expressly granted his subordinates?
the authority to the President,
No. The power of control exercisable by the President
 Limitations on the power of removal over the acts of his subordinates and not necessarily
over the subordinates himself.
- Members of Supreme Court, Constitutional
Commissions and Ombudsman can only be removed  Doctrine of Qualified Political Agency
through an impeachment process See above.
- Judges of lower courts are subject to the disciplinary
authority and may be removed by the Supreme Court Exhaustion of Administrative Remedies
See above.
Article IX-B, Section 2(3)
No officer or employee of the civil service shall be Manubay v. Garilao, G.R. # 140717, 16 April 2009
removed or suspended except for cause provided by Doctrine of exhaustion of administrative remedies.
law.
 The “Take Care” Clause
Alajar v. Alba, 100 Phil. 683 His oath requires him to "faithfully and conscientiously
There was no removal of office but a mere expiration fulfill" his duties as President, "preserve and defend"
of the term of office. the Constitution and "execute" the law.
Sangguniang Barangay of Don Mariano Marcos v. Biraogo v. The Philippine Truth Commission of 2010,
Martinez, G,R. No. 170626, 3 March 2008 G.R. # 192935, 07 December 2010
An elective local official may be removed from office
on specific grounds by order of the proper court. 5. The Military Powers (Section 18)
4. The Control Power (Section 17)  To Command the Armed Forces
The President shall have control of all the executive To call out the armed forces
departments, bureaus, and offices. He shall ensure The President shall be the Commander-in-Chief of all
that the laws be faithfully executed. armed forces of the Philippines and whenever it
becomes necessary, he may call out such armed forces The privilege of the writ of habeas corpus shall not be
to prevent or suppress lawless violence, invasion or suspended except in cases of invasion or rebellion
rebellion. when the public safety requires it.
IBP v. Zamora, 338 SCRA 81 Who can extend the suspension of the privilege of
Is the determination by the President of the writ of habeas corpus?
factual basis of the exercise of the calling out The Congress can extend it but WITH the initiative of
power subject to judicial review? the President.
No. The court is not inclined to overrule the How long and how many time the Congress can
President’s determination of the factual basis for the extend it?
calling of the Marines. The Constitution is silent.
David v. Arroyo, G.R. # 171396, 03 May 2006 Suspension of privilege of writ can be declared on a
The Court ruled that the call made by her upon the specific location. Not necessarily to the whole
Armed Forces to suppress lawful violence, as well as Philippines.
her proclamation of a state of national emergency, can
be considered as valid. Suspension is only for the people directly or indirectly
related to the invasion or rebellion.
Power to declare a state of emergency
David v. Arroyo, G.R. # 171396, 03 May 2006 Suspension is for review by the Congress in 48 hrs
While the President alone can declare a state of even without petition or action from the public. It is
national emergency, the President has no absolute automatic.
authority to exercise all the powers of the State in the
absence of an emergency powers act passed by The Supreme Court can also review the declaration of
Congress. martial but there must be a petition. Petition of sui
generis (a class of its own).
 To Suspend the Privilege of the Writ of Habeas
Corpus What is the basis of SC?
In case of invasion or rebellion, when the public safety Only what is filed to the court.
requires it, he may, for a period not exceeding sixty
days, suspend the privilege of the writ of habeas The Congress can investigate further or look into other
corpus or place the Philippines or any part thereof matters why there is a suspension or declaration.
under martial law.
The SC can only review if there is a sufficient of factual
The President has the power to suspend the privilege basis. This is the only instance where the SC will be a
of writ of habeas corpus but with limitations and trial of facts.
maybe revoked by the Congress or Supreme Court in
certain cases.  To Declare Martial Law
Meaning of Writ of Habeas Corpus Grounds

The writ of habeas corpus is an order issued by a court In case of invasion or rebellion, when the public safety
directing a person detaining another to produce the requires it.
physical body of the detainee at a designated time and
place, and to explain the reason for the detention. Notes
Invasion and when the public safety requires it
Meaning of Suspension of the Privilege of the Writ of Rebellion and when the public safety requires it
Habeas Corpus
1. Does not suspend the writ but what is suspend is the Limitations
privilege. 1. There must be a) invasion or rebellion; and b) public
2. The court will still issue the writ. safety requires martial law.
3. If the return to the writ shows that the person in 2. The period of martial law must not exceed sixty (60)
custody was apprehended in areas where there is days, unless extended by Congress.
suspension of writ, the court will suspend the 3. The President must, within forty-eight hours from
proceedings. the proclamation of martial law, submit a report in
person or in writing to the Congress. if not in session,
Grounds for Suspension shall, within twenty-four hours following such
In case of invasion or rebellion, when the public safety proclamation of martial law, convene in accordance
requires it. with its rules without need of a call.
Article III, Section 15

4. Congress voting jointly, by a vote of at least a The "sufficiency of factual basis test"
majority of all its Members in regular or special In determining the sufficiency of the factual basis of
session, may revoke such proclamation of martial law. the declaration and/or the suspension, the Court
5. The President cannot set aside or ignore the should look into the full complement or totality of the
revocation made by Congress. factual basis, and not piecemeal or individually.
6. any Filipino citizen can question the sufficiency of Neither should the Court expect absolute correctness
the factual basis of the proclamation of martial law or of the facts stated in the proclamation and in the
any extension thereof before the Supreme Court. No written Report as the President could not be expected
longer a political question but a judicial question. to verify the accuracy and veracity of all facts reported
Should be decided within 30 days from the challenge. to him due to the urgency of the situation.
7. Martial law does not automatically suspend the
operation of the Constitution and the privilege of the The Court's review is confined to the sufficiency, not
writ of habeas corpus. accuracy, of the information at hand during the
8. The suspension of the privilege of the writ of habeas declaration or suspension; subsequent events do not
corpus shall apply only to persons judicially charged have any bearing insofar as the Court’s review is
for rebellion or offenses inherent in, or directly concerned
connected with, invasion. Even if a person is arrested
or detained, he must be judicially charged within three The parameters for determining the sufficiency of the
days. Otherwise he shall be released. factual basis
Section 18, Article VII itself sets the parameters for
Notes: determining the sufficiency of the factual basis for the
The initial run is only limited for 60 days. The declaration of martial law and/or the suspension of the
extension can be more than 60 days. privilege of the writ of habeas corpus, "namely (1)
actual invasion or rebellion, and (2) public safety
Lagman v. Medialdea, G.R. Nos. 231658, 231771 and requires the exercise of such power." Without the
231774 concurrence of the two conditions, the President's
Locus standi of the petitioners declaration of martial law and/or suspension of the
Section 18 of Article VII which provides that any citizen privilege of the writ of habeas corpus must be struck
may file the appropriate proceeding to assail the down.
sufficiency of the factual basis of the declaration of
martial law or the suspension of the privilege of the Was there is sufficient factual basis for the declaration
writ of habeas corpus. The only requisite for standing of martial law and the suspension of the writ of habeas
to challenge the validity of the suspension is that the corpus?
challenger be a citizen. He need not even be a Yes.
taxpayer.
6. The Pardoning Power (Section 19)
Whether or not the petitions are the "appropriate
proceeding" mentioned in paragraph 3, Section 18, Except in cases of impeachment, or as otherwise provided
Article VII of the Constitution refers to a petition for in this Constitution, the President may grant reprieves,
certiorari filed under Section 1 or 5 of Article VIII. commutations, and pardons, and remit fines and
The Court agrees that the jurisdiction of this Court forfeitures, after conviction by final judgment.
under the third paragraph of Section 18, Article VII is
sui generis. It is a special and specific jurisdiction of the "He shall also have the power to grant amnesty with the
Supreme Court different from those enumerated in concurrence of a majority of all the Members of the
Sections 1 and 5 of Article VIII. Congress
The power of the Court to review the sufficiency of the  Definitions

factual basis of the proclamation of martial law under Pardon – act of grace which exempts the individual to
Section 18, Article VII of the 1987 Constitution is who it is bestowed from the punishment which the law
independent of the actions taken by Congress. inflicts for the crime he has committed.
Yes.
Commutation – is a reduction or mitigation of penalty,
The scope of the power of the SC to review the e.g., when the death sentence is reduced to life
sufficiency of the factual basis of the declaration of imprisonment.
martial law;
The scope of the power of review under the 1987 Reprieve – postponement of a sentence to a date
Constitution refers only to the determination of the certain or stay of execution.
sufficiency of the factual basis of the declaration of
martial law and suspension of the privilege of habeas  Constitutional Limitations
corpus. 1. Pardon cannot be granted in cases of impeachment.
2. No pardon can be granted for the violation of any He is restored to office ipso facto because he was
election law, rule or regulation without favorable acquitted by the trial court. Thus, he is also entitled to
recommendation of the Commission on Election. back wages.
3. Pardon can be granted only after conviction by final
judgment.  Amnesty
4. Pardon cannot be extended to a person convicted of
legislative contempt. Amnesty Pardon
5. Pardon cannot be extended for the purpose of Crimes against the Infractions of the peace of the
absolving the pardonee of civil liability. sovereignty of the State, State
political offenses
6. Pardon will not restore public offices forfeited. Addressed to classes or Addressed to an individual
communities of persons
People v. Salle, Jr., 250 SCRA 581 No need for distinct acts of Distinct acts of acceptance
Meaning of the “conviction by final judgment” acceptance
limitation under Section 19, Art. Requires concurrence by Does not require concurrence.
majority of the Congress Exclusive act of the President.
A conditional pardon extended to the prisoner while Public acts of which the court Private acts by the President
his appeal was still pending before the Supreme Court takes judicial notice of which the court do not take
was held to be invalid but, in view of the special judicial notice.
circumstances of the case, he was given 30 days to Looks backward and abolishes Looks forward and relieves the
and puts into oblivion the offender from the
withdraw his appeal to make his conviction final and offense itself consequence.
the pardon effective. No trial needed before grant Convicted by final judgment
of Amnesty
Llamas v. Orbos, 202 SCRA 844
Can pardon be granted by the President to a person 7. The Borrowing Power (Section 20)
convicted in an administrative case?
The Supreme Court held that pardon is applicable to 8. The Diplomatic Power (Section 21)
administrative cases.
"Sec. 21. No treaty or international agreement shall be
 Kinds of Pardon valid and effective unless concurred in by at least two-
thirds of all the Members of the Senate.
Absolute – one extended without any strings attached.
Pardonee has no option but to accept.  Distinction between International and Executive
Agreement
Conditional pardon – one under which the convict is Bayan Muna v. Romulo, G.R. No. 159618, 01 February
required to comply with certain requirements. Must be 2011
accepted by the pardonee. Under international law, there is no difference
between treaties and executive agreements in terms
A plenary pardon extinguishes all the penalties of their binding effects on the contracting states
imposed upon the offender, including accessory concerned, as long as the negotiating functionaries
disabilities whereas a partial pardon does not. have remained within their powers. Neither, on the
domestic sphere, can one be held valid if it violates the
Remedies against violation of conditions of Pardon Constitution.
Espuelas v. Provincial Warden of Bohol, 108
Phil. 353 A treaty has greater 'dignity' than an executive
The SC held that mere commission, not necessarily agreement, because its constitutional efficacy is
conviction by the court, of any other crime, is enough beyond doubt, a treaty having behind the authority of
in order that the petitioner may be deemed to have the President, the Senate, and the people; a ratified
violated the condition of his parole or pardon. treaty, unlike an executive agreement, takes
precedence over any prior statutory enactment.
 Effects of Pardon
Restore not only the offenders liberty but also his civil  Power to Ratify Treaties
and political rights. Pimentel v Executive Secretary, G.R. No. 158088, 16
July 2008
Vidal v. Estrada, G.R. No. 206666, January 21, 2015 To whom does the power to ratify a treaty belongs?
Power to ratify is vested in the President, subject to
Monsanto v. Factoran, 170 SCRA 190 (1989) the concurrence of the Senate.
Pardon does not ipso facto restore a convicted felon to
public office necessarily relinquished or forfeited by Diplomatic Power
reason of conviction. 1. treaties
2. to appoint ambassadors and public ministers and
Garcia v. Chairman, COA, G.R. No. 75025, 14 consuls
September 1993 3. To accept ambassadors
4. Power to deport (4) The appellate jurisdiction of the Supreme Court may
not be increased by law without its advice and
Withdrawal from treaty is a different matter – the SC concurrence."
provided a guidelines as to how to withdraw from treaties. (5) Appointees to the judiciary are now nominated
(Pangilinan v Cayetano) by the Judicial and Bar Council and no longer subject to
1. The President has leeway if the treaty appears contrary confirmation by the Commission on Appointments.
to the Constitution or any local statutes or municipal law (6) The Supreme Court now has administrative
without the concurrence of anyone. supervision over all lower courts and their personnel.
2. If there is already a congressional imprimatur meaning (7) The Supreme Court has exclusive power to discipline
the treaty is already transformed or reduced to a local law, judges of lower courts.
the President cannot unilaterally withdraw. (8) The members of the Supreme Court and lower courts
3. If there is no law, the President can unilaterally withdraw have security of tenure which cannot be undermined by a
except when the Senate has expressly provided that the law reorganizing the judiciary.
withdrawal must also be made with their concurrence. Or (9) They shall not be designated to agency performing
the express provision is indicated in a subsequent quasi-judicial or administrative functions.
resolution. (10) The salaries of the judges may not be reduced during
(tatanong sa exam to) their continuation of office.
(11) The judiciary shall enjoy fiscal autonomy.
8. The Budgetary Power (Section 22) (12) The Supreme Court alone may initiate rules of court.
(13) Only the Supreme Court may order the temporary
The President shall submit to the Congress within thirty detail of judges.
days from the opening of every regular session, as the (14) The Supreme Court can appoint all official and
basis of the general appropriations bill, a budget of employees of the judiciary.
expenditures and sources of financing, including receipts
from existing and proposed revenue measures. 2. Judicial Power (Section 1)
The judicial power shall be vested in one Supreme Court
Relate with Article VI, Section 25(1) and in such lower courts as may be established by law.
The Congress may not increase the appropriations Judicial power includes the duty of the courts to settle
recommended by the President for the operation of the actual controversies involving rights which are legally
Government as specified in the budget. The form, content, demandable and enforceable, (traditional meaning) and to
and manner of preparation of the budget shall be determine whether or not there have been grave abuse of
prescribed by law. discretion amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of the
11. Other Powers Government (expanded meaning) (through petitions for
certiorari).
Residual Power - if you cannot classify as judicial or
legislative power then it is an executive power. The power Only the Supreme Court is the constitutional court.
of the President is not limited to enforcement of law but All other courts under SC are statutory court.
also to promote the general welfare of the people.
IBP v. Zamora, 338 SCRA 81
Marcos v Manglapuz When political questions are involved, the Constitution
Residual unstated power. Pag pinabalik ang Marcos limits the determination as to whether or not there has
magiging unstable ulit ang Pilipinas. The duty of the been a grave abuse of discretion amounting to lack or
government is to serve and protect the people, excess of jurisdiction on the part of the official whose
maintenance of peace and order is the basis of the residual action is being questioned.
unstated power of the President.
3. Jurisdiction (Section 2)
 THE JUDICIAL DEPARTMENT (ARTICLE VIII) Jurisdiction – the authority by which courts take
cognizance and decides cases, the legal right by which
1. Independence of the Judiciary judges exercise their authority. (jurisdiction over subject
(1) The Supreme Court is a constitutional body. It matter)
cannot be abolished nor may its membership or the
manner of its meetings be changed by mere legislation.  Limitations on Congress’ Power to Prescribe
(2) The members of the Supreme Court may not Jurisdiction of the SC
be removed except by impeachment.
(3) The Supreme Court may not be deprived of its Article VIII, Section 5, pars. 1 and 2
minimum original and appellate jurisdiction as prescribed The Supreme Court shall have the following powers:
in Article VIII Section 5 of the Constitution. (1) Exercise original jurisdiction over cases affecting
ambassadors, other public ministers and consuls, and over
petitions for certiorari, prohibition, mandamus, quo 3. a representative of the Congress (either committee
warranto, and habeas corpus. chairman ng justice ng senate or house of representatives)
(2) Review, revise, reverse, modify, or affirm on appeal or
certiorari, as the law or the Rules of Court may provide, Regular Members – must be appointed by the President
final judgments and orders of lower courts in: with the approval of Commission on Appointments)
(a) All cases in which the constitutionality or validity of 1. a representative of the Integrated Bar
any treaty, international or executive agreement, law, 2. a professor of law
presidential decree, proclamation, order, instruction, 3. a retired Member of the Supreme Court, and
ordinance, or regulation is in question. 4. a representative of the private sector.
(b) All cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in relation Relationship of JBC with SC
thereto. Involving irregular supervision by SC
(c) All cases in which the jurisdiction of any lower court is The JBC has all the rights to perform functions as stated in
in issue. the rules. But the SC can look into the acts of JBC only to
(d) All criminal cases in which the penalty imposed is the extent if JBC follows the rules properly. But they are
reclusion perpetua or higher. not required or allowed by law to prescribe particular act.
(e) All cases in which only an error or question of law is
involved. Chavez v. JBC, G.R. No. 202242, 17 July 2012
that the Congress may have only one representative in the
Article VI, Section 30 JBC, and not two representatives, or one from each House,
No law shall be passed increasing the appellate jurisdiction with each having only one-half vote.
of the Supreme Court as provided in this Constitution
without its advice and concurrence. Appointment/Term
(2) The regular members of the Council shall be appointed
4. Appointments by the President for a term of four years with the consent
of the Commission on Appointments. Of the Members first
 Qualifications (Section 7) appointed, the representative of the Integrated Bar shall
Justices of the Supreme Court and Justices of Lower serve for four years, the professor of law for three years,
Collegiate Courts the retired Justice for two years, and the representative of
the private sector for one year.
1. natural-born citizen of the Philippines.
2. must be at least forty years of age Function
3. must have been for fifteen years or more, a judge of a
lower court or engaged in the practice of law in the § De Castro v. Judicial and Bar Council - G. R. No. 191002,
Philippines. March 17, 2010
• Filling up of vacancy in the SC
A member of Judiciarcy • Interpretation of the prohibition under Article
There is a character requirements. Competence, integrity, VII, Section 15 of the Constitution against presidential
probity and independence. appointments immediately before the next presidential
elections and up to the end of the term of the President.
Kilosbayan v. Ermita and Ong, G.R. No. 177721, 03 July § De Castro v. Judicial and Bar Council - G. R. No. 191002,
2007 April 20, 2010
The alleged subsequent recognition of his natural-born
status by the Bureau of Immigration and the DOJ cannot  Appointment from List of Nominees (Section 9)
amend the final decision of the trial court stating that The Members of the Supreme Court and judges of the
respondent Ong and his mother were naturalized along lower courts shall be appointed by the President from a list
with his father. of at least three nominees prepared by the Judicial and Bar
Council for every vacancy. Such appointments need no
Judges of Lower Courts confirmation.
1. The Congress shall prescribe the qualifications of judges
of lower courts, For the lower courts, the President shall issue the
2. he is a citizen of the Philippines appointments within ninety days from the submission of
3. member of the Philippine Bar. the list.
 The Judicial and Bar Council (Section 8)

o Aguinaldo et al. v. Aquino et al., G.R. No. 224302,
Composition November
Ex Officio Members (by reason of their office. Assumption 29, 2016
is automatic) whether President Aquino, under the circumstances, was
1. Chairman – Chief Justice limited to appoint only from the nominees in the shortlist
2. the Secretary of Justice submitted by the JBC for each specific
vacancy. En banc decision - Election contest
Constitutionality of the clustering of nominees by the JBC
SC only imposing the supremacy of the constitution over
Fiscal Autonomy acts by Executive and Judiciary.
CSC, COA, etc
Not all controversies are cognizable by court.
6. Composition of the Supreme Court (Section 4(1))
7. Power of Judicial Inquiry
 Composition
The Supreme Court shall be composed of a Chief Justice  Constitutional Basis of the Power
and fourteen Associate Justices. It may sit en banc or in its o Article VIII, Section 1
discretion, in division of three, five, or seven Members. Section 1. The judicial power shall be vested in one
Supreme Court and in such lower courts as may be
 Filling up of Vacancy established by law.
Any vacancy shall be filled within ninety days from the
occurrence thereof. Judicial power includes the duty of the courts of justice to
settle actual controversies involving rights which are
 En Banc and Division Cases (Section 4(2) and (3)) legally demandable and enforceable, and to determine
(2) All cases involving the constitutionality of a treaty, whether or not there has been a grave abuse of discretion
international or executive agreement, or law, which shall amounting to lack or excess of jurisdiction on the part of
be heard by the Supreme Court en banc, and all other any branch or instrumentality of the Government.
cases which under the Rules of Court are required to be
heard en banc, including those involving the o Article VIII, Section 4(2)
constitutionality, application, or operation of presidential (2) All cases involving the constitutionality of a treaty,
decrees, proclamations, orders, instructions, ordinances, international or executive agreement, or law, which shall
and other regulations, shall be decided with the be heard by the Supreme Court en banc, and all other
concurrence of a majority of the Members who actually cases which under the Rules of Court are required to be
took part in the deliberations on the issues in the case and heard en banc, including those involving the
voted thereon. constitutionality, application, or operation of presidential
decrees, proclamations, orders, instructions, ordinances,
(3) Cases or matters heard by a division shall be decided or and other regulations, shall be decided with the
resolved with the concurrence of a majority of the concurrence of a majority of the Members who actually
Members who actually took part in the deliberations on the took part in the deliberations on the issues in the case and
issues in the case and voted thereon, and in no case voted thereon.
without the concurrence of at least three of such Members.
When the required number is not obtained, the case shall  Requisites of a Judicial Inquiry
be decided en banc: Provided, that no doctrine or principle
of law laid down by the court in a decision rendered en 1. Actual Case or Controversy
banc or in division may be modified or reversed except by Meaning of Controversy – conflict of legal rights and there
the court sitting en banc. is assertion of opposite claims susceptible to judicial
determination
Class Notes
Ang decision ng 3, 5 or 7, decided by division. Equal footing PACU v. Secretary of Education, G.R. No. L-5279, 31
with en banc. October 1955 ( 97 Phil. 806)
The mere apprehension of the Secretary of Education
Decided by division is in equal footing with en banc. If might, under the law, withdraw the permit of one of the
natalo ka sa division you cannot go to en banc. petitioners does not constitute a justiciable controversy.
Comelec The Province of North Cotabato v. GRPPPAD, G.R.

Two division in Comelec. If natalo ka sa division then No. 183591, 14 October 2008
appeal sa en banc. The law or act in question is not yet effective does not
negate ripeness.
If wala naman decision ang division then you can get
decision sa en banc. General rule, it is not automatic to question the
constitutionality of the law because there is no injury yet.
Condonation doctrine: (jojo binay) if you are reelected However, if there is an overt doctrine or facial challenge.
while having case pending, then condone yung case mo. No need to wait for an injury because it has a tendency to
violate the right.
If you are changing/modifying/reversing already
established principle, then en banc will decide. A bill from Congress is not yet an actual controversy. A bill
still has no power, authority, title, etc.
pleadings, it cannot be considered at trial, if it is not
David et al. v. Arroyo et al., G.R. No. 171396, 03 May considered at the trial, it cannot be considered on appeal.
2008
Whether the issuance of Presidential Exceptions:
Proclamation No. 1021 renders the petitions 1. Criminal case – constitutional question can be raised any
moot and academic. Answer: No. time in the discretion of the court
2. Civil case – constitutional question can be raised at any
Exceptions to the Mootness Principle stage if it is necessary to the determination of the case
Courts will decide cases, otherwise moot and academic, if: itself.
1. there is a grave violation of the Constitution; 3. In every case, except where there is estoppel, the
2. the exceptional character of the situation and the constitutional questions
paramount public interest is involved;
3. when constitutional issue raised requires formulation of 4. Necessity of Deciding Constitutional Question
controlling principles to guide the bench, the bar, and the
public; and
4. the case is capable of repetition yet evading review.
2. Proper Party / Locus Standi XIV. The CONSTITUTIONAL COMMISSIONS (ARTICLE

o Direct injury test; Meaning of proper party IX)
Property party – general rule the one who can file a case is
the one who has sustained or in immediate danger of Chairman Abbas – unexpired term. No violation of 7 yrs
sustaining an injury as a result of the act complained for. rule. There is no reappointment.
The injury is able for redress and proper action.
o Locus standi 7. Self-organization (Section 2 (5))

Also known as legal standing. The right of appearance in a • SSS Employees Association v. CA, 175 SCRA 686 (1989).
court of justice on a given question. You are ok to organize but prohibited to conduct lock out
or strike. Because your office is of public interest.
o Proper party in a quo warranto petition
(Topacio v. Ong, G.R. No. 179895, 18 December 2008) 8. Temporary Employees (Section 2 (6))
Quo warranto proceedings may be filed only by the Regular – employees who are eligible. Because you passed
Solicitor General or a public prosecutor or by a private the civil service.
person showing clear right to the uncontested office.
Temporary – if you did not pass the civil service exam.
o Taxpayers as proper party
Two requisites must be met for a taxpayer’s suit to 2. To strengthen the reward system
prosper:
1. a law is violated or some irregularity is committed from COMELEC to
disbursement of public funds derived from taxation by
political subdivision or instrumentality o To deny due course to a certificate of candidacy
2. the petitioner is directly affected by the alleged act. Has
been relaxed by invoking transcendental importance, Acceptance is a ministral function of Comelec. It has no
paramount public interest, or far-reaching implications. choice but to accept. If petition is filed, then the Comelec
can looked into the certificate. If cancelled, then it’s as if
o Concerned citizens as proper party there no candidate. If you obtain highest votes but
Assertion of public right. cancelled then your votes are considered as stray. Next
rank candidate will be elected.
o Legislators as proper party
Suits involving claims that the official action complained of o To reject a nuisance candidate
infringes on their prerogatives as such. Pwede ideclare ang boto ng nuisance will be added doon
sa kandidato na ginawan ng nuisance.
o An Organization as proper party
IBP v. Zamora, 338 SCRA 81, 15 August 2000 o To disqualify a candidate § Grounds:
Issue is of transcendental importance, the SC allow even if • Section 12, Omnibus Election Code (barangay)
there is no proper party • Section 68, Omnibus Election Code
• Section 40, Local Government Code (lahat)
3. Earliest Opportunity
When is the earliest opportunity to raise a constitutional Jurisdiction over election contests (Section 2 (2)) o Original
question jurisdiction
Constitutional question must be raised at the earliest § Election contests involving regional, provincial and city
possible opportunity, such that if it is not raised in the officials. Go to Comelec then SC.
Appellate jurisdiction over:

§ Election contests involving barangay officials
(A.M. No. 07-4-15-SC)
MTC then COMELEC
§ Election contests involving municipal officials

(A.M. No. 10-4-1-SC)
RTC then COMELEC
Rule 64 of Revised Rules of Court – 30 days to go to SC via

petition for certiorari
Civil Service En Banc Decisions will be appealable not to SC

via certiorari but to Court of Appeals via Rules 43.
Out of 3 constitutional commission, Civil Service lang

dadaan sa Court of Appeals then SC.
Comelec Division decision can apply still for motion

reconsideration to En Banc
Rule 64 after ng decision ng Comelec En Banc.
COA. Rule 64 then SC.
Decision of Administrative Questions (Section 2(3))

o Except: Matters involving the right to vote
MTC or the court will determine your right to vote.

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Constitutional Law I – Review and Notes Based on Class

Michael L Almero, CPA

II. NATURE OF THE CONSTITUTION 4. Essential Parts of a Good Written Constitution

Association is formed when two states of unequal power Archipelagic Doctrine

b. Territory – fixed portion on the surface of the earth Functions

Government owned and controlled corporations –

Ruffy vs Chief of Staff, 75 Phil. 975 Application

Effects of Change of Sovereignty Where public officer acts without or in excess of

2. Immunity of Foreign States 3. Immunity of State's Diplomatic Agents

5. Waiver of Immunity Republic v. Sandiganbayan, 204 SCRA 212

General Law When the State Commences Litigation

 Implied Consent If Principal Function is Governmental

b. Strict Neutrality - approach is not hostile to religion, but

 Conflict between municipal law and international Related Constitutional Provisions

Continental Steel Manufacturing Corporation v. Meaning:

Meyer vs. Nebrasca (262 U.S. 390 [1922]) Examples:

6. Justiciable and Political Questions 2. Application

Sps.DeLaPazvs.SenateCommittee,G.R.No.184849,13Feb. Why is it necessary to impose tariffs?

Conditions relating to the delegation of emergency powers to  Delegation to the People

Supplementary Regulations  Qualifications

 Composition Sema v. Comelec, G.R. No. 177597, July 16, 2008

Jimenez v. Cabangbang, 17 SCRA 876 [1966] Forbidden Office

Conference Committee In aid of Legislation

The Congress, by a vote of two-thirds of both Houses in • Implied Limitations

o Kinds of Referendum o Jurisdiction

Article VII, Section 14 Appointments subject to Confirmation

4. The Control Power (Section 17)  To Command the Armed Forces

Meaning of Writ of Habeas Corpus Grounds

Article III, Section 15

The power of the Court to review the sufficiency of the  Definitions

 The Judicial and Bar Council (Section 8)

Comelec The Province of North Cotabato v. GRPPPAD, G.R.

2. Proper Party / Locus Standi XIV. The CONSTITUTIONAL COMMISSIONS (ARTICLE

o Locus standi 7. Self-organization (Section 2 (5))

Appellate jurisdiction over:

§ Election contests involving municipal officials

Rule 64 of Revised Rules of Court – 30 days to go to SC via

Civil Service En Banc Decisions will be appealable not to SC

Out of 3 constitutional commission, Civil Service lang

Comelec Division decision can apply still for motion

Rule 64 after ng decision ng Comelec En Banc.

COA. Rule 64 then SC.

Decision of Administrative Questions (Section 2(3))

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