NOTES ON THE CONSTITUTION VOLUME I, 2016 Edition

CARLO L. CRUZ

MID-TERMS REVIEWER
GANAL, Romeo Jr. B.
Juris Doctor – Cagayan State University College of Law

STATE POLICES

Article II, Section 7. The State shall pursue an independent foreign policy. In its relations with
other states, the paramount consideration shall be national sovereignty, territorial integrity,
national interest, and the right to self-determination.

RIGHT TO SELF DETERMINATION is the right to freely determine their political status
and freely pursue their economic, social and cultural development.
➢ INTERNAL SELF-DETERMINATION (Autonomy) refers to a people’s
pursuit of its political, economic, social and cultural development within the
framework of and existing state.
➢ EXTERNAL SELF-DETERMINATION (Independence) pertains to
establishment of a sovereign and independent state, the free association or
integration with an independent state or the emergence into any other political
status freely determined by the people.

The Province of North Cotabato v. Government of the Republic of the Philippines Peace Panel
The people’s right to self determination should not, however, be understood as extending
to a unilateral right secession.

Article II, Section 8. The Philippines, consistent with the national interest, adopts and pursues
a policy of freedom from nuclear weapons in its territory.

Saguisag v. Executive Secretary, GR No. 212426

The general prohibition on nuclear weapons whether positioned or not, is already
expressed in the 1987 Constitution. It would be unnecessary of superfluous to include all
the provisions already in the constitution or in the law.

Article II, Section 9. The State shall promote a just and dynamic social order that will ensure
the prosperity and independence of the nation and free the people from poverty through
policies that provide adequate social services, promote full employment, a rising standard of
living, and an improved quality of life for all.

Article II, Section 10. The State shall promote social justice in all phases of national
development.

Calalang v. Williams, 70 Phil 726

SOCIAL JUSTICE means the promotion of the welfare of all the people, the adoption by
the government of measures calculated to insure the economic stability of all the
component elements of society, through the maintenance of a proper economic and social
equilibrium in the interrelations of the members of the community, constitutionally,
through the adoption of measures legally justifiable or extra constitutionally, through the
exercise of powers underlying the existence of all governments on the time honored
principle of salus populi est suprema lex.

Adriano v. Tanco, 623 SCRA 218

Social justice is not a license to trample on the rights of the rich in the disguise of
depending the poor, where no act of injustice or abuse is being committed against them.

NOTES ON THE CONSTITUTION Volume I MIDTERMS Reviewer GANAL, RB (Juris Doctor - CSU Law)
Article II, Section 11. The State values the dignity of every human person and guarantees full
respect for human rights.

Laude v. Hon. Ginez, G.R. 217456, Nov. 24, 2015

Upholding human rights pertaining to access to justice cannot eschewed to rectify an
important procedural deficiency that was not difficult to comply with. The accused also
enjoys the protection of these rights.

Article II, Section 12. The State recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. It shall equally protect the life
of the mother and the life of the unborn from conception. The natural and primary right and
duty of parents in the rearing of the youth for civic efficiency and the development of moral
character shall receive the support of the Government.

Imbong v. Ochoa, GR No. 204819

Life commences upon “conception, that is, upon fertilization”. Hence the obligation upon
the state to “equally protect the life of the mother and the life of the unborn from
conception” and “to prevent the legislature from enacting a measure legalizing abortion”.

Imbong v. Ochoa, GR No. 204819

The natural and primary right and duty of parents in the rearing of the youth for civic
efficiency and the development of moral character shall receive the support of the
government.

Article II, Section 13. The State recognizes the vital role of the youth in nation-building and
shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It
shall inculcate in the youth patriotism and nationalism, and encourage their involvement in
public and civic affairs.

Rosaldes v. People, GR No. 173988

The person exercising substitute parental authority shall have the same authority over the
person of the child as the parents. In no case shall the school administrator, teacher or
individual engaged in child care exercising special parental authority inflict corporal
punishment upon the child.
✓ The FAMILY CODE expressedly banned the infliction of corporal
punishment.

Article II, Section 14. The State recognizes the role of women in nation-building, and shall
ensure the fundamental equality before the law of women and men.

Ang v. Court of Appeals, 618 SCRA 592

R.A. 9262 has been enacted to protect women and their children from violence and
threats to their personal safety and security.

Article II, Section 15. The State shall protect and promote the right to health of the people and
instill health consciousness among them.

Imbong v. Ochoa, GR No. 204819

A component to the right of life is the constitutional right to health.

Article II, Section 16. The State shall protect and advance the right of the people to a balanced
and healthful ecology in accord with the rhythm and harmony of nature.

Oposa v. Factoran, 224 SCRA 792

Section 15 and 16 (1987 Constitution, Article II) have been acknowledged as special
provisions which “need not even written in the Constitution for it assumed, like other
civil and political rights guaranteed in the Bill of Rights, to exist from the inception of

NOTES ON THE CONSTITUTION Volume I MIDTERMS Reviewer GANAL, RB (Juris Doctor - CSU Law)
 humankind and it is an issue of transcendental importance with intergenerational
implications.

Writ of Kalikasan
“Green Courts” have been established by the Supreme Court (SC-AO 23-2008) to hear
and to decide environmental cases, and to try and decide cases involving violations of
environmental laws.

CITIZEN SUIT – Any Filipino citizen in representation of others, including minors or

generations yet unborn, may file action to enforce rights or obligations under environment laws.

West Tower Condominium Corp v. First Philippine Industry Corporation

The filing of a petition for the issuance of a writ of Kalikasan under Sec.1, Rule 7 of the
Rules of Procedures from environmental cases does not require that a petitioner be
directly affected by an environmental disaster. The rule clearly allows juridical persons to
file the petition on behalf of persons whose constitutional right to a balanced and
healthful ecology is violated or threatened with violation.

Article II, Section 17. The State shall give priority to education, science and technology, arts,
culture, and sports to foster patriotism and nationalism, accelerate social progress, and
promote total human liberation and development.

Leus v. St. Scholastica’s College – West Grove

The qualifications of teaching and non-teaching personnel of private schools, as well as
the causes for termination of their employment, are integral aspect of the educational
system of private schools.

Article II, Section 18. The State affirms labor as a primary social economic force. It shall
protect the rights of workers and promote their welfare.

Mercury Drug Corporation v. National Labor Relations Commission

The law, in protecting the rights of the laborers, authorizes neither oppression nor self-
destruction of the employer.

Javier v. Fly Ace Corporation

While the constitution is committed to the policy of social justice and protection of the
working class, it should not be automatically decided in favor of labor. Management also
has its rights which are entitled to respect and enforcement in the interest of simple fair
play.

Hotel Employee’s Union- NFL v. Waterfront Hotel Davao

Even if our laws endeavor to give life to the constitutional policy on social justice and on
the protection of labor, it does not mean that every labor dispute will be decided in favor
of the workers.

Article II, Section 19. The State shall develop a self-reliant and independent national economy
effectively controlled by Filipinos.

Cruz v. Secretary of Environment and Natural Resources, GR No. 135385

All lands of public domain and all natural resources are owned by the state. The Constitution
provides that in the exploration, development and utilization of these natural resources, the
state exercise full control and supervision.

o The state may directly undertake such activities, or it may enter in co-production, joint
venture or production sharing agreements with Filipino citizens or corporations or
associations at least 60 per centum of whose capital is owned by such citizens. Such
agreements may be for a period not exceeding 25-years and under such terms and
condition as may provided by law.

NOTES ON THE CONSTITUTION Volume I MIDTERMS Reviewer GANAL, RB (Juris Doctor - CSU Law)
Article II, Section 20. The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provides incentives to needed investments.

Article II, Section 21. The State shall promote comprehensive rural development and agrarian
reform.

Delfino v. Anasao, GR No. 197486

The right of retention is a constitutionally guaranteed right, which is subject to
qualification by the legislature. It serves to mitigate the effects of compulsory land
acquisition by balancing the rights of the land owner and the tenant and by implementing
the doctrine that social justice was not meant to perpetuate an injustice against land
owner.

NEW SQUATTER refers to individual groups who occupy land without the express
consent of the landowner after March 28, 1992. Their structures shall be dismantled and
appropriate charges shall be filed against them by the proper authorities if they refuse to
vacate the premises.

PROFESIONAL SQUATTERS refers to individuals or groups who occupy lands without

the express consent of landowner and who have sufficient income for legitimate housing.

SQUATTING SYNDICATES refers to groups of persons engaged in the business of

squatter housing for profit or gain.

Article II, Section 22. The State recognizes and promotes the rights of indigenous cultural
communities within the framework of national unity and development.

Cruz v. Secretary of Environment and Natural Resourcement, J.Puno Opinion, GR No. 135385
Ancestral lands and ancestral domains are not part of the lands of the public domain.
They are private and belong to the indigenous cultural communities (ICCs) or Indigenous
peoples (IPs). The spirit of IPRA lies in the distinct concept of ancestral domains and
ancestral lands. The IPRA addresses the major problem of the ICCs/IPs which is loss of
land. Land and space are of vital concern in terms of sheer survival of the ICCs/IPs.

Article II, Section 23. The State shall encourage non-governmental, community-based, or
sectoral organizations that promote the welfare of the nation.

Article II, Section 24. The State recognizes the vital role of communication and information in
nation building.

Article II, Section 25. The State shall ensure the autonomy of local governments.

Article II, Section 26. The State shall guarantee equal access to opportunities for public
service and prohibit political dynasties as may be defined by law.

Article II, Section 27. The State shall maintain honesty and integrity in the public service and
take positive and effective measures against graft and corruption.

Article II, Section 28. Subject to reasonable conditions prescribed by law, the State adopts and
implements a policy of full public disclosure of all its transactions involving public interest.

The Province of North Cotabato v. Government Peace Panel

The right to information guarantees the right of the people to demand information, while
Section 28, Article II recognizes the duty of officialdom to give information even if
nobody demands.

NOTES ON THE CONSTITUTION Volume I MIDTERMS Reviewer GANAL, RB (Juris Doctor - CSU Law)
 o The foregoing Constitutional provisions seek to promote transparency in policy-making
and in the operations of the government, as well as provide the people sufficient
information to exercise effectively other constitutional rights.

Initiatives for Dialogue v. Power Sector Asset, GR No. 192088

Armed with right information, the citizens can participate in public discussions leading to
the formulation of government policies and their effective implementation. An informed
citizenry is essential to the existence and proper functioning of any democracy.

CHAPTER 5: THE LEGISLATIVE DEPARTMENT

Article VI, Section 1: The legislative power shall be vested in the Congress of the Philippines
which shall consist of a Senate and a House of Representative, except to the extent reserved to
the people by the provision on the initiative and referendum

LEGISLATIVE POWER is the power of lawmaking, the framing and enactment of laws. It
includes the powers of appropriation, taxation and expropriation.

Review Center of the Association of the Philippines v. Ermita, 583 SCRA 428

LEGISLATIVE POWER is the authority under the constitution to make laws, and to alter
and repeal them.

Vera v. Avelino, 77 Phil. 192, 212

The grant of legislative power to congress is broad, general and comprehensive. The
legislative body possesses plenary power for all purposes of civil governments. Any
power, deemed to be legislative by usage and tradition, is necessarily possessed by the
Congress, unless the Constitution has lodge it elsewhere.

Mapa, Jr. v. Sandiganbayan, 231 SCRA 783

The power to grant immunity from prosecution is essentially a legislative prerogative.
xxx. The exclusive power of Congress to define crimes and their nature and to provide
for their punishment concomitantly carries the power to immunize certain persons from
prosecution to facilitate the attainment of state interests, among them, the solution and
prosecution of crimes with high political, social and economic impact.

LAWS

STATUTE or LAW is the written will of the legislature, solemnly expressed according to
the forms necessary to constitute it the law of the state.

PROHIBITED ACTS

Abakada Guro Party List v. Purisima, GR No. 166715

From the moment the law becomes effective, any provision of law that empowers
Congress or any of its members to play any role in the implementation or enforcement of
the law violates the principle of separation of powers and thus unconstitutional.

Macalintal v. COMELEC, GR No. 157013

Every bill passed by Congress must be presented to the President for approval or veto. In
the absence of presentment to the President, no bill passed by Congress can become a
law.

NOTES ON THE CONSTITUTION Volume I MIDTERMS Reviewer GANAL, RB (Juris Doctor - CSU Law)
 RULE ON PRESENTMENT pertains to the submission of a bill to the President for his
appropriate action.

Datu Michael Abas Kida v. Senate of the Philippines, 659 SCRA 290
Extension of elective term is constitutionally infirm because Congress cannot do
indirectly what is cannot do directly, i.e., to act in a way that would effectively extend the
term of the incumbents. xxx. Congress cannot also create a new term and effectively
appoint the occupant of the position for the new term.

Tawang Multi-Purpose Cooperative v. La Trinidad Water District, 646 SCRA 21

The President, the Congress and the Court cannot create directly franchises for the
operation of a public utility that are exclusive in character.

Article VI, Section 30: No law shall be passed increasing the appellate jurisdiction of the
Supreme Court as provided in this Constitution without its advice and concurrence.

Carpio Morales v. Court of Appeals, GR No. 217126

The Congress has been vested with the authority to define, prescribe and apportion the
jurisdiction of the various courts (Art.VIII, Sec.2); as well as to create statutory courts
(Art.VIII, Sec.1); does not result in an abnegation of the Court’s own power to
promulgate rules of pleading, practice and procedure (Art.VIII, Sec.5). Albeit operatively
interrelated, these powers are nonetheless institutionally separate and distinct, each to be
preserved under its own sphere of authority.

INTERPRETATION OF LAWS

LAWS are generally prospective in application.

Philippine Society for the Prevention of Cruelty to Animals v. Commission on Audit, 524 SCRA
Laws in general have no retroactive effect, unless the contrary is provided. Statutes can
be given retroactive effect in the following cases:
1. When the law itself so expressly provides;
2. In case of remedial statutes;
3. In case of curative statutes;
4. In case of laws interpreting others;
5. In case of laws creating new rights.

PERT/CPM Manpower Exponent Co. v. Vinuya, 680 SCRA 284

All statutes are to be construed as having only a prospective application, unless the
purpose and intention of the legislature to give them a retro perspective effect are
expressly declared or are necessarily implied from the language used.

Securities and Exchange Commission v. Laigo, GR No. 188639

The rule is that where the provisions of a statute clarify an existing law and do not
contemplate a change in that law, the stature may be given curative, remedial and
retroactive effect.

Sameer Overseas Placement Agency Inc. v. Cabiles

In the hierarchy of laws, the Constitution is supreme. No branch or office of the
government may exercise its powers in any manner inconsistent with the Constitution,
regardless of the existence of any law that support such exercise. The constitution cannot
be trumped by any other law. All laws must be read in light with the constitution. All
laws that are inconsistent with the constitution is nullity.

NON-LEGISLATIVE POWERS

The Congress may likewise exercise non-legislative powers.

NOTES ON THE CONSTITUTION Volume I MIDTERMS Reviewer GANAL, RB (Juris Doctor - CSU Law)
 ✓ It may canvass presidential elections (Art. VII, Sec.4)
✓ Declare the existence of war (Art.VI, Sec. 23 [1])
✓ Confirm Amnesties (Art. VII, Sec.19)
✓ Presidential nominations or appointments (Art.VII, Sec. 9 and Sec. 16)
✓ Proposed amendments to or the revision of the Constitution (Art. XVII, Sec. 1)
✓ Exercise the power of impeachment (Art.XI, Sec.3)

NATURE OF THE LEGISLATURE

League of Cities in the Philippines v. COMELEC, 571 SCRA 263

Congress is not a continuing body. The unapproved bills during the current Congress
became mere scraps of paper upon the adjournment of the current Congress. All the
hearings and deliberations conducted during the current Congress on unapproved bills
also became worthless upon the adjournment of the current Congress.

League of Cities in the Philippines v. COMELEC, 571 SCRA 263

The hearings and deliberations (during the past Congress) cannot be used to interpret the
bills enacted into law in the subsequent Congresses.

Garcillano v. House of Representatives, 575 SCRA 170

The Senate as institution is “continuing,” as it is not dissolved as an entity with each
national election or change in the composition of members.

Garcillano v. House of Representatives, 575 SCRA 170

Accordingly, all pending matters and proceedings, i.e., unpassed bills and even legislative
investigations, of the Senate of a particular Congress are considered terminated upon the
expiration of that Congress and it is merely optional on the Senate of the succeeding
Congress to take up such unfinished matters, not in the same status, but as if presented for
the first time.

Neri v. Senate Committee on Accountability of Public Officers and Investigation, GRNo.180643

“duly published rules of procedure” requires the Senate of every Congress to publish its
rules of procedure governing inquiries in aid of legislation because every Senate is
distinct from the one before it or after it.

Arnault v. Nazareno, 87 Phil. 29)

The Senate’s power to punish for contempt in the exercise of its power to conduct
inquiries in aide of legislation does not cease to exist upon the periodical dissolution of
the Congress or the House of Representatives, because the Senate is, for said purpose or
in connection with said powers, a continuing body.

Article VI, Section 2: The senate shall be composed of twenty-four Senators who shall be
elected at large by the qualified voters of the Philippines, as may be provided by law.

Our legislature is a Bicameral, not a Unicameral, body.

…the Senator, having a national rather than only a district constituency, will have a broader
outlook of the problems of the country instead of being restricted by parochial viewpoints and
narrow interests. With such perspective, the Senate is likely to be more circumspect and broad-
minded than the House of Representatives.

Article VI, Section 3: No person shall be a Senator unless he is a natural-born citizen of the
Philippines and, on the day of the election, is at least thirty-five years of age, able to read and
write, a registered voter, and a resident of the Philippines for not less than two years
immediately preceding the day of the election.

Limkaichong v. COMELEC, 583 SCRA 1

NOTES ON THE CONSTITUTION Volume I MIDTERMS Reviewer GANAL, RB (Juris Doctor - CSU Law)
 Senators and Members of the House of Representatives must be natural-born citizens not
only at the time of their election but during their entire tenure.

Limkaichong v. COMELEC, 583 SCRA 1

In assailing the citizenship of the father, the proper proceeding should be in accordance
with Section 18 of C.A. No 473… But it is only the State through its representatives
designated by statue, through quo warranto proceedings, who may question his
citizenship for and in behalf of the State.

Lico v. COMELEC, GR No. 205505

A party-list nominee must have been, among others, a bona fide member of the party or
organization for at least ninety (90) days preceding the day of the election.

NATURAL BORN CITIZENS

Natural born citizens are those:

1) Who are citizens of the Philippines from birth without having to perform any act to
acquire or perfect their Philippine citizenship (Art. IV, Sec.2), including those whose
fathers and mothers are citizens of the Philippines (Ibid., Sec. 1[2]);

2) Those born before January 17, 1973 of Filipino mothers who elect Philippine
citizenship upon reaching the age of majority (Ibid., Secs 1[3] and 2);

3) Those (natural born) immigrants or naturalized abroad who re-acquire natural born
citizenship under RA 9225 upon their renunciation of their foreign citizenships.
(Sec.5 [3]).

Macquiling v. COMELEC, GR No. 195649 July 2, 2013)

Allowing the subsequent use of a foreign passport because it is convenient for the person
to do so is rendering the oath a hollow act. It devalues the act of taking of an oath, reducing it to
a mere ceremonial formality…. What the decision merely points out is that he also possessed
another citizenship at the time he filed his certificate of candidacy.

Local Government Code Section 4(d)

… a person with “dual citizenship” is disqualified from running from running for any
elective local position.

➢ Mercado v. Manzano
Dual citizenship must be understood as dual allegiance.

REACQUIRING PHILIPPINE CITIZENSHIP

Congress enacted RA 9225 allowing natural-born citizens of the Philippines who have lost their
Philippine citizenship by reason of their naturalization abroad to reacquire Philippine citizenship
and to enjoy full civil and political rights upon compliance with the requirements of the law.

They may now run for public office in the Philippines provided that they:

1) Meet the qualifications for holding such public office as required by the Constitution and
existing laws; and

2) Make a personal and sworn renunciation of any and all foreign citizenships before any
public officer authorized to administer an oath prior to or at the time of filling of their
Certificate of Candidacy (CoC).

NOTES ON THE CONSTITUTION Volume I MIDTERMS Reviewer GANAL, RB (Juris Doctor - CSU Law)
FOUNDLINGS

Poe-Llamanzares v. COMELEC, GR No. 221697 & 221698-700, March 8, 2016

As a matter of law, foundlings are as a class, natural born citizens.

The constitution (1935, 1973, 1987) find no such intent or language permitting discrimination
against foundlings. All exhort the State to render social justice. Of special consideration are
several provisions in the present charter:

Article II, Section 11 which provides that the “State values the dignity of every human
person and guarantees full respect to human rights”

Article XIII, Section 1 mandates the Congress to “give highest priority to the enactment
of measures that protect and enhance the right of all the people to human dignity, reduce social,
economic, and political inequalities.

Article XV, Section 3 which requires the State to defend the “right of children to
assistance, including proper care and nutrition, and special protection from all forms of neglect,
abuse, cruelty, exploitation, and other conditions prejudicial to their development.”

Poe-Llamanzares v. COMELEC, GR No. 221697 & 221698-700, March 8, 2016

(applying the Doctrine of Incorporation or the generally accepted principle of
International Law), all of the international law conventions and instruments on the matter
of nationality of foundlings were designed to address the plight of a defenseless class
which suffers from a misfortune not to their own making. We cannot be restrictive as to
their application if we are a country which calls itself civilized and a member of the
community of nations.

REPATRIATION

Bengson III v. HRET, 409 Phil. 633

… repatriation results in the recovery of the original nationality. This means that a
naturalized Filipino who lost citizenship will be restored to his prior status as a
naturalized Filipino citizen. On the other hand, if he was originally a natural-born citizen
before he lost his Philippine citizenship, he will be restored to his former status as a
natural-born.

Jacot v. Dal, 572 SCRA 295

Note that although dual citizens under RA 9225 may be registered as voters (Nicholas-
Lewis v. Commission on Elections, 497 SCRA 649), they may however not qualify for
election or appointment to public office, without first renouncing their foreign
citizenships.

RESIDENCE AND DOMICILE

RESIDENCE is the place where one habitually resides to which, when he is absent, he has the
intention of returning (animus revertendi). It is the physical presence of a person in a given area,
community or country.

Marcos v. COMELEC, GR No. 119976, Sept. 18, 1995

“Residence” is used to indicate a place of abode, whether permanent or temporary;
“domicile” denotes a fixed permanent residence to which, when absent, one has the
intention of returning. A man may have a residence in one place and a domicile in
another. Residence is not domicile, but domicile is residence coupled with intention to
remain for an unlimited time.

NOTES ON THE CONSTITUTION Volume I MIDTERMS Reviewer GANAL, RB (Juris Doctor - CSU Law)
 domicilium voluntarium
To effect an abandonment requires the voluntary act of relinquishing petitioner’s former
domicile with an intent to supplant the former domicile with one of her own choosing.

Mitra v. COMELEC, 622 SCRA 744

The general purpose of the residence requirement is to prevent “stranger(s) or
newcomer(s) unacquainted with the conditions and needs of a community from seeking
elective offices in that community.

Jalosjos v. COMELEC, GR No. 193314, June 25, 2013

To be an actual and physical resident of a locality, one must have a dwelling place where
one must have a dwelling place where one resides no matter how modest and regardless
of ownership.

Local Government Code of 1991 (RA 7160, Sec.39)

RA 7160 requires that the candidate must be a resident of the place where he seeks to be
elected at least one year immediately preceding the election day.

animus manendi

“the place where a party actually or constructively has his permanent home, where he
may be found at any given time, eventually intends to return and remain.”

Poe-Llamanzares v. COMELEC, GR No. 221697 & 221698-700, March 8, 2016

To successfully effect a change of domicile, one must demonstrate an actual removal or
an actual change of domicile; a bona fide intention of abandoning the former place
residence and establishing a new one and definite acts which correspond with the
purpose.

Article VI, Section 4: The term of office of the Senators shall be six years and shall
commence, unless otherwise provided by law, at noon on the thirtieth day of June next
following their election. No Senator shall serve for more than two consecutive terms.
Voluntary renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term of which he was elected.

TERM LIMIT RULE as discussed by the Supreme Court on the Abundo v. Commission on
Elections, 688 SCRA 149

Montebon v. Commission on Elections, GR No. 180444

1. When a permanent vacancy occurs in an elective position and the official merely
assumed the position in pursuant to the rules on the succession under the LGC… If
the official runs again for the same position be held prior to his assumption of the
higher office, then his succession is by operation of law and is considered an
involuntary severance or interruption.

Adormeo v. Commission on Elections, GR No. 147927

2. An elective official who has served for three consecutive terms and who did not seek
the elective for what could be his fourth term, but later won in a recall election, had
an interruption in the continuity of the official’s service.

Latasa v. Commission on Elections, GR No. 154829, December 10, 2003

3. … the conversion of a municipality to a city does not, by itself, work to interrupt the
incumbent official’s continuity of service.

Aldovino, Jr. v. COMELEC, GR No. 184836

4. Preventive suspension is not an interrupting event as he elective officer’s continued
stay and entitlement of the office remain unaffected during the period of suspension,
although he is barred from exercising the functions of the office during this period.

NOTES ON THE CONSTITUTION Volume I MIDTERMS Reviewer GANAL, RB (Juris Doctor - CSU Law)
Lonzanida v. COMELEC, GR No. 135150
5. When a candidate is proclaimed as winner for an elective position and assumes office,
his terms is interrupted when he loses in an election protest and is ousted from office,
thus disenabling him from serving what would otherwise be the unexpired portion of
his term of office had the protest have been dismissed.

Ong v. Alegre, GR NO. 163295

6. When an official is defeated in an election protest and said decision becomes final
after said official had served the full term for said office, then his loss in the election
contest does not constitute an interruption since he has managed to serve the term
from start to finish.

Laceda v. COMELEC, GR No. 182867

Considering that the territorial jurisdiction and inhabitants essentially remained the same,
running for the same position for the fourth term is ground for disqualification.

Naval v. COMELEC, GR No. 207851

… only three consecutive elections to the same position would be allowed. Thereafter,
the public official can once again vie for the same post provided there be a gap of at least
one term from his or her last election.

Mendoza v. COMELEC, GR No. 149736, December 17, 2002

… an incumbent elective official against whom a recall election is initiated and who
nevertheless wins in a recall election must be viewed as being a continuing term of office
and not as break in reckoning three consecutive terms.

Socrates v. COMELEC, GR No. 154512, November 12, 2002

… neither the elective local official who is unable to finish his term nor the elected local
official only assumes the balance of the term of the ousted local official following the
recall election could be considered to have served a full three-year term set by the
Constitution.

Article VI, Section 5. (1) The House of Representatives shall be composed of not more than
two hundred and fifty members, unless otherwise fixed by law, who shall be elected from
legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area
in accordance with the number of their respective inhabitants, and on the basis of a uniform
and progressive ratio, and those who, as provided by law, shall be elected through a party-list
system of registered national, regional, and sectoral parties or organizations.

The membership of the House of Representatives consists of its district representatives, who are
elected by the registered voters of the districts and the party-list representatives, who are elected
in accordance with the provisions of RA 7941.

BANAT v. COMELEC, 592 SCRA 294

… party-list representatives shall constitute twenty per centum of the total number of
representatives including those under the party list.

FOUR PARAMETERS OBSERVED IN A PHILIPPINE STYLE PARTY LIST ELECTION

1. Twenty percent of the total number of the membership of the house of
Representatives is the maximum number of seats available to a party-list
organization.
2. Garnering two percent of the total votes cast in the party-list elections guarantees a
party-list organization one seat.
3. The additional seats, that is, the remaining seats after allocation of the guaranteed
seats, shall be distributed to the party-list organizations including those that received
less than two percent of the total votes.
4. The three-seat cap is constitutional. The three-seat cap is intended by the legislature
to prevent any party from dominating the party-list system.

NOTES ON THE CONSTITUTION Volume I MIDTERMS Reviewer GANAL, RB (Juris Doctor - CSU Law)
II Record, Constitutional Commission 565-567, 01 August 1986
The party-list system is intended to democratize political power by giving political parties
that cannot win in legislative district elections a chance to win seats in the House of
Representatives.

Atong Paglaum, Inc. v. COMELEC, 694 SCRA 477

The party-list system is composed of three different groups:
1) National parties or organizations
2) Regional parties or organizations
3) Sectoral parties or organizations

Atong Paglaum, Inc. v. COMELEC, 694 SCRA 477

There is no requirement in RA 7941 that a national or regional political party must
represent a ‘marginalized and underrepresented” sector. It is sufficient that the political
party consists of citizens who advocate the same ideology or platform, or the same
governance principles and policies, regardless of their economic status as citizens.

Article VI, Section 5. (2) The party-list representatives shall constitute twenty per centum of
the total number of representatives including those under the party list. For three consecutive
terms after the ratification of this Constitution, one-half of the seats allocated to party-list
representatives shall be filled, as provided by law, by selection or election from the labor,
peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors
as may be provided by law, except the religious sector.

Ang LADLAD Party v. COMELEC, 618 SCRA 32

The enumeration of marginalized and underrepresented sectors is not exclusive. The
crucial element is not whether a sector is specifically enumerated, but whether a
particular organization complies with the requirements of the Constitution and RA 7941.

Cipriano v. COMELEC, 479 Phil 677

The power vested (by Article IX-C, Sec. 2(5) of the Constitution and Sec.61 of BP 881)
in COMELEC to register political parties and ascertain the eligibility of groups to
participate in the elections is purely administrative in character.

Dayao v. COMELEC, 689 SCRA 412

Both the accreditation and the facts substantiating the same can be reviewed and revoked
at any time by the COMELEC, motu propio, or upon the instance of any interested party
thru a complaint for cancellations (Section 6, RA 7914).

Coalition of Associations of Senior Citizens in the Philippines v. COMELEC, GR No. 206844

… the COMELEC is duty-bound to review the grant of registration to parties,
organizations, coalitions already registered in order to ensure the latter’s continuous
adherence to the requirements prescribed by law and the relevant rulings of this court
relative to their qualifications and eligibility to participate in party-list elections.

ABC Party-list v. COMELEC, 646 SCRA 93

The Constitution grants the COMELEC the authority to register political parties,
organizations or coalitions and the authority to cancel the registration of the same on the
legal grounds.

Section 8, RA 7491
Enumerates only three instances in which the party-list organization can substitute
another person in place of the nominee whose name has been submitted to the
COMELEC: a) when the nominee dies; b) when the nominee withdraws in writing his
nomination; c) when the nominee becomes incapacitated. (under Section 13, d)
nomination is withdrawn by the party).

Seneres v. COMELEC, 585 SCRA 557

Questions pertaining to the right of the nominees of party-list representatives, after their
proclamation and taking of their oaths, are properly cognizable by the HRET, via petition
for qou warranto.

NOTES ON THE CONSTITUTION Volume I MIDTERMS Reviewer GANAL, RB (Juris Doctor - CSU Law)
Amores v. HRET, 622 SCRA 593
A nominee who changes his sectoral affiliation within the same party will only be eligible
for nomination under the new sectoral affiliation if the change has been effected at lease
six months before the elections.

Article VI, Section 5. (3) Each legislative district shall comprise, as far as practicable,
contiguous, compact, and adjacent territory. Each city with a population of at least two
hundred fifty thousand, or each province, shall have at least one representative.

Navarro v. Ermita, 612 SCRA 131

Legislative districts must be compact (solid), contiguous (in physical contact) and
adjacent (close by or near). This constitutional requirement prohibits and prevents
GERRYMANDERING, which is “an apportionment of representative districts so
contrived as to give an unfair advantage to the party in power.

Section 461, Local Government Code

Provinces are required to have contiguous territory of at least two thousand sq.km or a
population of not less than 250,000.

Aldaba v. COMELEC, 611 SCRA 137

In any event, a city whose population has increased to 250,000 is entitled to have a
legislative district only in the “immediately following election” after the attainment of the
250,000 population.

Herrera v. COMELEC, 318 SCRA 336

The basis for districting shall be the number of the inhabitants, not the number of the
registered voters therein.

Sema v. COMELEC, 558 SCRA 700

Congress may not authorize the ARMM to create provinces and cities because the power
to create them inherently involves the power to create a legislative district, which only
Congress possess.

Article VI, Section 6. No person shall be a Member of the House of Representatives unless he
is a natural-born citizen of the Philippines and, on the day of the election, is at least twenty-
five years of age, able to read and write, and, except the party-list representatives, a registered
voter in the district in which he shall be elected, and a resident thereof for a period of not less
than one year immediately preceding the day of the election.

Amores v. HRET, 622 SCRA 593

Section 9 of RA 7941 states in unequivocal terms that a nominee of the youth sector must
be at least be twenty-five (25) but not more than thirty (30) years of age on the day of the
election, so it must be that a candidate who is more than 30 in the election day is not
qualified to be a youth sector nominee.

Atong Paglaum, Inc. v. COMELEC, 694 SCRA 477

A party-list nominee must be a bona fide member of the party or organization which he
or she seeks to represent. In the case of sectoral parties, to be a bona fide party-list nominee one
must either belong to the sector represented or have a track record of advocacy for such sector.

NOTES ON THE CONSTITUTION Volume I MIDTERMS Reviewer GANAL, RB (Juris Doctor - CSU Law)
Article VI, Section 7. The Members of the House of Representatives shall be elected for a term
of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day
of June next following their election. No Member of the House of Representatives shall serve
for more than three consecutive terms. Voluntary renunciation of the office for any length of
time shall not be considered as an interruption in the continuity of his service for the full term
for which he was elected.

Article VI, Section 8. Unless otherwise provided by law, the regular election of the Senators
and the Members of the House of Representatives shall be held on the second Monday of May.

Article VI, Section 9. In case of vacancy in the Senate or in the House of Representatives, a
special election may be called to fill such vacancy in the manner prescribed by law, but the
Senator or Member of the House of Representatives thus elected shall serve only for the
unexpired term.

Section 16, RA 7941

Provides that in case of vacancy in seats reserved for party-list representatives, the
vacancy shall be automatically filled by the next representative from the list of nominees
in the order submitted to the COMELEC by the same party, organization, or coalition,
who shall serve for the unexpired term. If the list is exhausted, the party, organization or
coalition concerned shall submit additional nominees.

Article VI, Section 10. The salaries of Senators and Members of the House of Representatives
shall be determined by law. No increase in said compensation shall take effect until after the
expiration of the full term of all the Members of the Senate and the House of Representatives
approving such increase.

Article III, Section 7 and Article VI, Section 20

There is no prohibition against receipt by legislators’ allowances, but adequate checks are
available under the Constitution for purpose of preventing or avoiding their abuse of
prerogative which shall be audited by the Commission on Audit which shall publish
annually an itemized list of amounts paid to and expenses incurred for each member.

Article VI, Section 11: A Senator or Member of the House of Representatives shall, in all
offenses punishable by not more than six years imprisonment, be privileged from arrest while
the Congress is in session. No Member shall be questioned nor be held liable in any other
place for any speech or debate in the Congress or in any committee thereof.

PRIVILEGE FROM ARREST (for offenses punishable by more than six years imprisonment)
covers both civil and criminal arrests.

SESSION refers to the entire period from its initial convening until its final adjournment.

PRIVILEGE OF SPEECH AND DEBATE – remarks must be made while the legislature or the
legislative committee is functioning; and the remarks must be made in connection with the
discharge of official duties. This privilege insulates the legislator from civil and criminal
liability.

Coffin v. Coffin, 4 Mass 1

The privilege was denied a legislator who made slanderous remarks in the course of a
private conversation with a constituent during a lull in the session.

Jimenez v. Cabangbang, 17 SCRA 876

The privilege was denied to a legislator who maligned the plaintiff in an open letter to the
President coursed through and published in the newspaper.

NOTES ON THE CONSTITUTION Volume I MIDTERMS Reviewer GANAL, RB (Juris Doctor - CSU Law)
Osmena v. Pendatum, L-17144, October 28, 1960
The privilege entitles the legislator not to be questioned or held accountable “in any other
place” which means that he may be called to account his remarks by his own colleagues (and in
the chamber where he belongs) and, when warranted, punished for “disorderly behavior”.

Article VI, Section 12: All Members of the Senate and the House of Representatives shall,
upon assumption of office, make a full disclosure of their financial and business interests.
They shall notify the House concerned of a potential conflict of interest that may arise from
the filing of a proposed legislation of which they are authors.

Section 6, RA 3019 (Anti-Graft and Corrupt Practices Act)

Provides that it shall be unlawful hereafter for any member of the Congress during the
term for which he has been elected, to acquire or receive any personal pecuniary interest
in any specific business enterprise which will be directly and particularly favored or
benefited by any law or resolution authored by him previously approved or adopted by
the Congress during the same term.

Article VI, Section 13. No Senator or Member of the House of Representatives may hold any
other office or employment in the Government, or any subdivision, agency, or instrumentality
thereof, including government-owned or controlled corporations or their subsidiaries, during
his term without forfeiting his seat. Neither shall he be appointed to any office which may
have been created or the emoluments thereof increased during the term for which he was
elected.

“No Senator or Member of the House of Representatives may hold any other office or
employment in the Government, or any subdivision, agency, or instrumentality thereof, including
government-owned or controlled corporations or their subsidiaries, during his term without
forfeiting his seat.”

INCOMPATIBLE OFFICES – What is prohibited is the simultaneous holding of the

incompatible offices. He may do so but would automatically forfeit his seat.

Feliciano v. Commission on Audit, 464 Phil 439

The purpose of the constitutional provision prohibiting the congress from creating private
corporations was to prevent the granting of special privileges to certain individuals,
families or groups, which were denied to other groups.

“Neither shall he be appointed to any office which may have been created or the emoluments
thereof increased during the term for which he was elected.”

FORBIDDEN OFFICES – does not apply to elective offices. The prohibition applies only during
the term for which the legislator was elected, when such office was created or its emoluments
increased. After such term, and even if the legislator is re-elected, the disqualification no longer
applies and he may therefore be appointed to the office.

Article VI, Section 14. No Senator or Member of the House of Representatives may personally
appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-
judicial and other administrative bodies. Neither shall he, directly or indirectly, be interested
financially in any contract with, or in any franchise or special privilege granted by the
Government, or any subdivision, agency, or instrumentality thereof, including any
government-owned or controlled corporation, or its subsidiary, during his term of office. He
shall not intervene in any matter before any office of the Government for his pecuniary benefit
or where he may be called upon to act on account of his office.

Puyat v. de Guzman, 113 SCRA 33

A congressman who withdraw his appearance as counsel when the same was questioned
was not to re-enter his appearance as counsel for himself after he had later bought one
share in the corporation he had earlier represented.

NOTES ON THE CONSTITUTION Volume I MIDTERMS Reviewer GANAL, RB (Juris Doctor - CSU Law)
Belgica v. Executive Secretary, GR No. 208566, November 19, 2013
Allowing legislators to intervene in the various phases of project implementation – a
matter before other office of government – renders them susceptible to taking undue
advantage of their own office.

Article VI, Section 15. The Congress shall convene once every year on the fourth Monday of
July for its regular session, unless a different date is fixed by law, and shall continue to be in
session for such number of days as it may determine until thirty days before the opening of its
next regular session, exclusive of Saturdays, Sundays, and legal holidays. The President may
call a special session at any time.

Araneta v. Dinglasan, 84 Phil 368

In a SPECIAL SESSION, the Congress may consider general legislation or any such
subjects as the President may designate. In a REGULAR SESSION, the power of the
Congress to legislate is not circumscribed except by the limitations imposed by the
organic law.

Article VI, Section 16. (1). The Senate shall elect its President and the House of
Representatives, its Speaker, by a majority vote of all its respective Members. Each House
shall choose such other officers as it may deem necessary.

The officers contemplated in this provision have no fixed terms.

Article VI, Section 16. (2) A majority of each House shall constitute a quorum to do business,
but a smaller number may adjourn from day to day and may compel the attendance of absent
Members in such manner, and under such penalties, as such House may provide.

Pimentel v. Senate, GR No. 187714

The Constitutional right of the Senate to promulgate its own rules of proceedings has
been recognized and affirmed by this Court. The only limitation to the power of the
Congress to promulgate its own rules is the observance of QOURUM, VOTING and
PUBLICATION when required. As long as these requirements are complied with, the
court will not interfere with the right of the Congress to amend its rule.

Datu Michael Abas Kida v. Senate of the Philippines, GR No. 196271

As long as the Majority of the members of the House of Representatives or the Senate are
present, these bodies have the quorum needed to conduct business and hold session.
Within a quorum, a vote of majority is generally sufficient to enact or approved acts.

Article VI, Section 16. (3) Each House may determine the rules of its proceedings, punish its
Members for disorderly behavior, and, with the concurrence of two-thirds of all its Members,
suspend or expel a Member. A penalty of suspension, when imposed, shall not exceed sixty
days.

Alejandro v. Quezon, 46 Phil 83

The determination by House of what may constitute disorderly behavior constitute a
political question. However, the concurrence of the required vote of two-thirds for
purposes of suspending or expelling a member can be considered a justiciable question.

Article VI, Section 16. (4) Each House shall keep a Journal of its proceedings, and from time
to time publish the same, excepting such parts as may, in its judgment, affect national
security; and the yeas and nays on any question shall, at the request of one-fifth of the
Members present, be entered in the Journal. Each House shall also keep a Record of its
proceedings.

Mabanag v. Lopez Vito, 78 Phil 1

ENROLLED BILL THEORY – the contents of an enrolled bill shall prevail over those of
the journal in case of conflict.

Tolentino v. Secretary of Finance, 235 SCRA 630

An enrolled bill is conclusive not only of its provisions but also its due enactment.

NOTES ON THE CONSTITUTION Volume I MIDTERMS Reviewer GANAL, RB (Juris Doctor - CSU Law)
Article VI, Section 16. (5) Neither House during the sessions of the Congress shall, without
the consent of the other, adjourn for more than three days, nor to any other place than that in
which the two Houses shall be sitting.

Place refers to the political unit, not just the building, where the two Houses sit or may be found.

Article VI Section 17 to Section 31 to follow…

NOTES ON THE CONSTITUTION Volume I MIDTERMS Reviewer GANAL, RB (Juris Doctor - CSU Law)