• To establish certain first principles

on which the government is

CONSTITUTIONAL LAW I founded.
iii. Classification
a. Written – precepts are embodied in one
THE PHILIPPINE CONSTITUTION document or set of documents
Unwritten – not integrated into a single,
concrete form but are scattered in various
A. CONSTITUTION: DEFINITION, sources i.e. statutes, judicial decisions,
NATURE, AND CONCEPTS. commentaries of publicist, customs and
traditions and certain common law
i. Definition principles.

Constitution defined, b. Enacted (conventional) – formally struck

Body of rules and maxims in accordance off at a definite time and place through a
with which the power of sovereignty are deliberate effort taken by a constituent
habitually exercised. body or ruler.
Evolved (cumulative) – result of a political
Written instrument enacted by direct action evolution, changing by accretion rather
of the people by which the fundamental than systematic method.
powers of the government are established,
limited and defined, and by which those c. Rigid – amended only by a formal and
powers are distributed among the several usually difficult process
departments for their safe and useful Flexible – can be changed by ordinary
exercise registration

Basic and paramount law to which all other *Philippine Constitution – Written, Enacted
laws must conform and to which all and Rigid.
persons, including the highest officials of
the land, must defer. Date of Effectivity of the 1987 Constitution:
February 2, 1987, the date of the plebiscite, not the
A law for the government, safeguarding date of the proclamation of the ratification [De Leon
individual rights, set down in writing. v. Esguerra, G.R. No. 78059, August 31, 1987]

An organic instrument, under which iv. Qualities of a Good Written Constitution

governmental powers are both conferred
and circumscribed. x x The office and a. Broad – must be comprehensive enough to
purpose of the constitution is to shape and provide for everyday contingency.
fix the limits of governmental activity.
[Fernando, The Constitution of the b. Brief – must confine itself to basic
Philippines 20-21 (2nd ed., 1977) principles to be implemented with
legislative details more adjustable to
Constitutional Law defined, change and easier to amend.
It designates the law embodied in the
Constitution and the legal principles c. Definite – to prevent ambiguity in the
growing out of the interpretation and provisions to avoid divisiveness and
application of its provisions by the courts in confusion among people.
specific cases. It is the study of the
maintenance of the proper balance v. Construction or Interpretation of
between the authority as represented by Constitution
the three inherent powers of the State and
liberty as guaranteed by the Bill of Rights. a. Verba Legis —whenever possible, the
words used in the Constitution must be
ii. Purpose given their ordinary meaning except where
• To prescribe permanent framework technical terms are employed.
of a system of government
• To assign to several departments b. Ratio legis et anima--A doubtful provision
their respective powers and duties. shall be examined in the light of the
history of the times and the conditions and
circumstances under which the

1
 Constitution was framed. (Civil Liberties
Union vs. Executive Secretary, 194 SCRA ii. Legal Tests
317)
1. Quantitative test- The court examines the
c. Ut magis valeat quam pereat — the number of provisions affected and does not
Constitution has to be interpreted as a consider the degree of change;
whole. (Francisco vs. HR, G.R. No. 160261,
November 10, 2003) 2. Qualitative test- The court inquires into the
qualitative effects of the proposed change in
Doubtful provisions shall be examined in light of the the Constitution. The main inquiry is whether
history of the times and the conditions and the change will “accomplish such far-reaching
circumstances under which the constitution was changes in the nature of our basic
framed governmental plan as to amount to a revision”
[Lambino v. COMELEC, G.R. No. 174153.
In case of doubt, provisions should be construed as October 25, 2006]
self-executory, mandatory rather than directory and
prospective rather than retroactive iii. Procedure

B. PARTS 1. Proposal – adoption of the suggested

change in the Constitution
i. Constitution of Liberty—sets forth the a. Congress (as a Constituent Assembly)
fundamental civil and political rights of the – vote of ¾ of ALL its members
citizens and imposes limitations on the b. Constitutional Convention – called into
powers of the government as a means of existence by (1) 2/3 of ALL members of
securing the enjoyment of those rights. e.g. Congress OR (2) the electorate, in a
Bill of Rights referendum called for by the majority
of the members of Congress [CONST.,
ii. Constitution of Government —outlines the
Art. XVII, Sec. 3]
organization of the government,
c. People (through a People’s initiative)
enumerates its powers, lays down certain
– a petition of at least 12% of the total
rules relative to its administration and
number of registered voters, and every
defines the electorate. (Arts. VI, VII, VIII,
legislative district must be represented
IX)
by at least 3% of the registered voters
therein.
iii. Constitution of Sovereignty —the provisions
pointing out the mode or procedure in • No Amendment in this manner
accordance with which formal changes in shall be authorized within 5
the fundamental law may be brought about; years following the ratification
e.g. Art. XVII of the 1987 Const. nor more
often than once every 5 years
thereafter
C. AMENDMENT/REVISION OF THE • Constitutional provision on
CONSTITUTION amendments via People’s
Initiative not self-executory
i. Amendment v. Revision (Defensor-Santiago v. COMELEC,
270 SCRA 170 (1997))
Amendment Revision 2. Ratification – proposed amendment
-Broadly refers to a - Broadly implies a shall be submitted to the people and
change that adds, change that alters a shall be deemed ratified by the
reduces, deletes, basic principle in the majority of votes cast in a plebiscite,
without altering the Constitution, like held not earlier than 60 days nor later
basic principle altering the principle of than 90 days after:
involved. separation of powers or a. Congress of by the ConCon;
- Generally affects the system of checks and b. Certification by the COMELEC of
only specific balances. the sufficiency of the petition of
provisions being - If the change alters the the people
amended substantial entirety of
the Constitution Doctrine of Proper Submission- a
- Generally affects plebiscite may be held on the same day as a
several provisions of the regular election (Gonzales v. COMELEC, 21
Constitution (Art. XVIII, SCRA 774). No “piecemeal submission” is
1987 Const.) allowed. (Lambino, supra.) The entire

2
 Constitution must be submitted for changed by Congress by law. Such law will only take
ratification at one plebiscite only. The effect upon ratification by the qualified electorate
people must have a proper “frame of in a national referendum.
reference (Tolentino v. COMELEC, 41 SCRA
702) Armed Forces
Composition: The armed forces of the Philippines
Justiciability shall be composed of a citizen armed force which
The issue of validity of calling for a shall undergo military training and serve as may be
plebiscite is justiciable. But the issue provided by law. It shall keep a regular force
became moot [Planas v. COMELEC, G.R. No. necessary for the security of the State (Sec. 4, Art.
L-35925, January 11, 1973]. Although the XVI).
question of whether a Constitution was
validly ratified is a justiciable question, the Tour of duty of the Chief of Staff: The tour of duty
question of whether a Constitution has of the Chief of Staff of the Armed Forces shall not
come into force and effect is a political exceed three years. However, in times of war or
question beyond the competence of the other national emergency declared by the Congress,
Court to decide. [Javellana v. Executive the President may extend such tour of duty (Sec.
Secretary. 50 SCRA 30, (1973)] 5[7], Art. XVI).

D. SELF-EXECUTING AND NON-SELF- Partisan political activity: No member of the

military shall engage directly or indirectly in any
EXECUTING PROVISIONS partisan political activity, except to vote (Sec. 5[3],
i. Rule Art. XVI).
General Presumption: All provisions of the
constitution are self-executing. “Unless the Appointment to other positions: No member of the
contrary is clearly intended, the provisions armed forces in active service shall, at any time, be
of the Constiution should be considered appointed or designated in any capacity to a civilian
self-executing [Manila Prince Hotel v. GSIS position in the government including government-
et al. G.R. No. 122156, February 3, 1997] owned or controlled corporation or in any of their
subsidiaries (Sec. 5[4], Art. XVI).
Exception:
1. Statements of general principles Police Force: One police force; National in scope;
such as those in Art II are usually Civilian in Character
not self-executing [Id.]
2. Constitutional provisions of Mass media and advertising industry:
personal dignity, sanctity of family State policy on the ownership of mass media. The
life, vital role of the youth in ownership and management of mass media shall be
nation-building, values of limited to citizens of the Philippines, or to
education, social justice and corporations, cooperatives or associations, wholly
human rights, promotion of general owned and managed by such citizens. The Congress
welfare, promotion of total human shall regulate or prohibit monopolies in commercial
liberation and development = mass media when the public interest so requires. No
merely guidelines for legislation combinations in restraint of trade or unfair
[Id.] competition therein shall be allowed (Sec. 11 [1],
Art. XVI).
Exception to the Exception: The right to a
balanced and healthful ecology [Oposa v. State policy on the advertising industry: The
Factoran. G.R. No. 101083, July 10, 1993]. advertising industry is impressed with public
The promotion and protection of health is interest, and shall be regulated by law for the
self executory [Imbong v. Ochoa, G.R. No. protection of consumers and the promotion of the
204819, April 8, 2014] general welfare. Only Filipino citizens or
corporations or association at least seventy per
centum of the capital of which is owned by such
E. GENERAL PROVISIONS citizens shall be allowed to engage in the advertising
Philippine Flag: Flag of the Philippines [Sec. 1] shall industry. The participation of foreign investors in the
be Red, white and blue, with a sun and three stars. governing body or entities in such industry shall be
Design of the flag may be changed only by limited to their proportionate share in the capital
constitutional amendment [Primer, Bernas] thereof, and all the executive and managing officers
of such entities must be citizens of the Philippines
Name of Country, etc.: Name of the country, (Sec. 11 (2), Art. XVI)
national anthem, and national seal [Sec. 2] may be

3
Preamble: b. Components of territory.
The Preamble is not a source of power or right
for any department of government. It sets down 1. The Philippine archipelago with all
the origin, scope, and purpose of the Constitution. It the islands and waters embraced
bears witness to the fact that the Constitution is the therein
manifestation of the sovereign will of the Filipino - Internal waters- waters
people. around, between, and
connecting the islands of the
Social Contract Theory archipelago, regardless of
The identification of the Filipino people as the breadth and dimension;
author of the constitution calls attention to an 2. All other territories over which the
important principle: that the document is not Philippines has sovereignty or
just the work of representatives of the people but jurisdiction.
of the people themselves who put their mark
approval by ratifying it in a plebiscite. c. The Philippine Archipelago
1. It does not confer rights nor impose duties; - The Philippine Archipelago is that body of
2. Indicates authorship of the Constitution; water studded with islands which is
enumerates the primary aims and aspirations delineated in the Treaty of Paris of
of the framers; and serves as an aid in December 10, 1988, as modified by the
the construction of the Constitution. Treaty of Washington of November 17, 1900
and the Treaty with Great Britain of
January 2, 1930.
GENERAL CONSIDERATIONS d. Other territories over which the Philippines
exercises jurisdiction
A. NATIONAL TERRITORY - Includes any territory which presently
belongs or might in the future belong to the
Philippine through any of the internationally
ART. 1 (SEC. 1) 1987 CONSTITUTION accepted modes of acquiring territory.

The national territory comprises the Philippine R.A. N0. 9522 specified that baselines of
archipelago, with all the islands and waters Kalayaan Group of Islands, and Bajo de Masinloc
embraced therein, and all other territories over (Scarborough Shoal) shall be determined as “Regime
which the Philippines has sovereignty or jurisdiction, of Islands” under the Republic of the Philippines,
consisting of its terrestrial, fluvial and aerial consistent with the UNCLOS. R.A. No. 9522 is not
domains, including its territorial sea, the seabed, unconstitutional. It is a statutory tool to demarcate
the subsoil, the insular shelves, and other the maritime zone and continental shelf of the
submarines areas. The waters around, between and Philippines under UNCLOS III and does not alter the
connecting the islands of the archipelago, regardless national territory. While UNCLOS III does not bind
of their breadth and dimensions, form part of the the Philippines, Congress may pass a baselines law.
internal waters of the Philippines The law does not abandon the country’s claim to
Sabah, as it does not expressly repeal the entirety of
The Archipelagic Doctrine R.A. No. 5446 (Magallona v. Ermita, G.R. No.
A body of water studded with islands, or the islands 187167, 16 July 2011)
surrounded with water, is viewed as a unity of
islands and waters together forming one integrated
unit [N.B. Embodied in Art. II specifically by the B. STATE IMMUNITY
mention of “Philippine Archipelago” plus the
specification on internal waters] i. Rules
General Rule: The State cannot be sued.
Straight baseline method
Consists of drawing straight lines connecting Exception: The State consents to be sued.
appropriate points on the coast without departing to
any appreciable extent from the general direction of Exception to the Exception: The State/public
the coast, in order to delineate the internal waters officer may be sued without prior consent:
from the territorial waters of an archipelago. 1. To compel him to do an act
[Republic Act 9522-amended R.A. No. 3046 entitled required by law;
“An Act to Define the Baseliens of th Territorial Sea 2. To restrain him form enforcing an
of the Philippines] act claimed to be unconstitutional
3. To compel the payment of
damages from an already appropriated

4
 assurance fund or to refund tax over- 1. It produces adverse consequences to the
payments from a fund already available public treasury in terms of disbursement of
for the purpose; public funds and loss of government
4. To secure a judgment that the property.
officer impleaded may satisfy himself 2. It cannot prosper unless the State has given
without the State having to do a positive its consent
act to assist him;
5. Where the government itself has When a suit is not against the State:
violated its own laws (Sanders v. A suit is not against the state when:
Veridiano, 245 Phil. 63 (1988)) 1. The purpose is to compel an officer charged
with the duty of making payments pursuant
Manner by which consent is given: to an appropriation made by law in favor of
1. Express Consent the plaintiff to make such payment, since
a. General law; the suit is intended to compel performance
i. Money claims arising from of a ministerial duty
contracts express or implied (Act. 2. From the allegations in the complaint, it is
No. 3083: An Act Defining the clear that the respondent is a public officer
Conditions under which the sued in a private capacity;
Government may be Sued.) 3. The action is not in personam with the
ii. Torts government as the named defendant, but
1. Liability of LGUs (Art. 2189 an action in rem that does not name the
CC) government in particular
2. Vicarious liability for special
agents (Art. 2180(6), CC) State immunity may be invoked where it is
b. Special law established that the U.S. military vessel at the time
2. Implied Consent of the incident was performing a governmental
a. When the State commences function (Arigo v. Swift, 735 SCRA 102 (2014))
litigation, it becomes vulnerable to
a counterclaim; iii. Specific Rules
b. State enters into a business
contract in the exercise of its Suits against Government Agencies
proprietary power; 1. Incorporated (has a separate charter) - If
c. When it would be inequitable for the charter provides that the agency can
the State to invoke immunity; and sue, then the suit will lie. The provision in
d. When the state exercises the the charter constitutes express consent.
power of eminent domain (SSS v. Court of Appeals, 120 SCRA 707
(1983))
2. Unincorporated (no separate personality)-
ii. Basis
Suit will lie, because when the state
Constitutional Basis: Sec. 3, Art. XVI
engages in principally proprietary functions,
it descends to the level of a private
International Law Basis:
individual, and may, therefore, be
Par in parem non habet imperium.
vulnerable to suit (Civil Aeronautics
Administration v. CA (1988) State may only
Jurisprudential Basis:
be liable for proprietary acts (jure gestonis)
1. Positivist Theory- (Royal Prerogative of
and not for sovereign acts (jure imperii)
Dishonesty) There can be no legal right as
against the authority that makes the laws
Scope of Consent
on which the right depends. (Department of
Suability depends on the consent of the state to
Agriculture v. NLRC, G.R. No. 104269, 11
be sued, liability on the applicable law and the
November 1993)
established facts. The circumstance that a state is
suable does not necessarily mean that it is liable; on
2. Sociological Theory- If the State is
the other hand, it can never be held liable if it does
amenable to suits, all its time would be
not first consent to be sued. Liability is not
spent defending itself from suits and this
conceded by the mere fact that the state has
would prevent it from performing its
allowed itself to be sued. When the state does waive
functions (Republic v. Hon. Villasor, G. R.
its sovereign immunity, it is only giving the plaintiff
No. L-30671, November 28, 1973
the chance to prove, if it can, that the defendant is
liable. (US v. Guinto (1990))
When a suit is against the State:
A suit is against the state regardless of who is
named the defendant if:

5
C. GENERAL PRINCIPLES AND STATE the provisions of the Constitution or statute of a
State. [Pharmaceutical and Health Care Association
POLICIES of the Philippines v. Duque III, G.R. No. 173034
ART. 2 (SEC. 2) 1987 CONSTITUTION (2007)]

- Efforts should first be exerted to harmonize

The Philippine renounces war as an instrument of them so as to give effect to both. In case of
national policy, adopts the generally accepted conflict between international law and
principles of international law as part of the law of municipal law, the latter shall prevail.
the land and adheres to the policy of peace,
equality, justice, freedom, cooperation, and amity - However, the doctrine dictates that rules of
with all nations. international law are given equal standing with,
and are not superior to, national legislative
Three parts: enactments.
1. Renunciation of war - the power to wage a
defensive war is of the very essence of - Generally accepted principles of international
sovereignty; law via the incorporation clause of the
2. Adoption of the principles of international law; Constitution form part of the laws of the land
3. Adherence to a policy of peace, equality, justice, even if they do not derive from treaty
freedom, cooperation & amity. obligations.

The first part is limited to only renouncing an Doctrine of Transformation – requires that an
aggressive war because of its membership in the international law be transformed into a domestic law
United Nations whose charter renounces war as an through a constitutional mechanism such as local
instrument of national policies of its member states. legislation [Joaquin G. Bernas, S.J., Constitutional
Structure and Powers of Government (Notes
The second part is nothing more than a formal and Cases) Part I ( 2005)]
acceptance of a principle to which all civilized
nations must conform. Sec. 3, Article II (Civilian Supremacy Clause)
The third part is called the “selfish policy”—the Civilian authority is, at all times, supreme over the
military. The Armed Forces of the Philippines is the
guiding principle of Philippine foreign policy is the
protector of the people and the State. Its goal is to
national interest. However, this is tempered with
secure the sovereignty of the State and the integrity
concern for “equality, peace, freedom and justice.
of the national territory.
“Generally accepted principles of international
law” – norms of general or customary international In relation to above article:
law which are binding on all States.
Sec. 18, Art. VII—installation of the President as the
The classical formulation in international law sees highest civilian authority, as the commander-in-chief
customary rules accepted as a binding result from of the AFP—external manifestation that civilian
the combination of: authority is supreme over the military.
1. The established, widespread, and
consistent practice on the part of States; Civilian authority is not defeated in a joint task
and force between the PNP and Marines for the
2. A psychological element known as the enforcement of law and order in metro Manila as
opinion juris sive necessitates (opinion as long as control is left to the PNP (IBP v. Zamora
to law or necessity) (Poe-Llamanzares v. (2000))
COMELEC, G.R. No. 221697)
Sec. 4, Article II
International law becomes part of the sphere of The prime duty of the Government is to serve and
domestic law either by incorporation or protect the people. The Government may call upon
transformation the people to defend the State and, in the fulfilment
thereof, all citizens may be required, under
Doctrine of Incorporation - the doctrine where the conditions provided by law, to render personal
generally accepted principles of international law military or civil service.
are made part of the law of the land either by
express provision of the Constitution or by means of
Posse Commitatus, defined
judicial declaration or fiat. The doctrine is applied
whenever municipal tribunals or local courts are It is the power of the state to require all able-
confronted with situations in which there appears to bodied citizens to perform civic duty to maintain
be a conflict between a rule of international law and peace and order.

6
 People vs. Lagman, 66 Phil. 13, the
accused in this case, prosecuted for failure Allowing religion to flourish is not contrary to
to register for military service under the the principle of separation of Church and State. In
National Defense Act, assailed the validity fact, these two principles are in perfect harmony
of the Act. The Supreme Court upheld the with each other. x x To successfully invoke
law on the basis of the compulsory military compelling state interest, it must be demonstrated
and civil service provision of the 1935 that the masses in the QC Hall of Justice unduly
Constitution. It said that: “The duty of the disrupt the delivery of public services or affect the
Government to defend the State cannot be judges and employees in the performance of their
performed except through an army. To official functions. (Re: Letter of Tony Q. Valenciano,
leave the organization of an army to the Holding of Religious Rituals at the Hall of Justice
will of the citizens would be to make this Building in Quezon City, A.M. No. 10-4-19-SC, March
duty to the Government excusable should 7, 2017)
there be no sufficient men who volunteer to
enlist therein…the right of the Government Section 7, Article II (Independent Foreign Policy)
to require compulsory military service is a The State shall pursue an independent foreign
consequence of its duty to defend the State policy. In its relations with other states the
and is reciprocal with its duty to defend the paramount consideration shall be national
life, liberty, and property of the citizen.” sovereignty, territorial integrity, national interest,
and the right to self-determination.
Sec. 5, Article II
The maintenance of peace and order, the protection Sec. 8, Article II (Policy of Freedom from Nuclear
of life, liberty, and property, and the promotion of Weapons)
the general welfare are essential for the enjoyment The Philippines, consistent with the national
by all the people of the blessings of democracy. interest, adopts and pursues a policy of freedom
from nuclear weapons in its territory.
Right to bear arms
- It is a statutory and not a constitutional right. The ban is on nuclear arms - that is, the use
The license to carry a firearm is neither a and stockpiling of nuclear weapons, devices, and
property nor a property right. Neither does it parts thereof. And this includes not only possessing,
create a vested right. Even if it were a property controlling and manufacturing nuclear weapons, but
right, it cannot be considered absolute as to be also nuclear test in our territory, as well as the use
placed beyond the reach of police power. The of our territory as dumping ground for radioactive
maintenance of peace and order, and the waste.
protection of the people against violence are
constitutional duties of the State, and the right The provision, however, is not a ban on the
to bear firearm is to be construed in connection peaceful uses of nuclear energy. Nor is it a ban on
and in harmony with these constitutional all “nuclear-capable vessels.” For a vessel to be
duties.[ Chavez vs. Romulo, G.R. No. 157036, banned, it is not enough that it is capable of
June 9, 2004] carrying nuclear arms; it must actually carry nuclear
arms. [The 1987 Constitution of the Republic of the
Recognition of Hierarchy of Rights Philippines: A Commentary (2009), Bernas]
a. Life
b. Liberty Sec. 9, Article II (Just and Dynamic Social Order)
c. Property
The State shall promote a just and dynamic social
[Philippine Blooming Mills Employees
order that will ensure the prosperity and
Organization v. Philippine Blooming Mills
independence of the nation and free the people
Co. Inc., 51 SCRA 189]
from poverty through policies that provide adequate
social services, promote full employment, a rising
Sec. 6, Article II standard of living, and an improved quality of life for
The separation of Church and State shall be all
inviolable.
Sec. 10, Article II (Social Justice)
The State should not use its money and coercive
The State shall promote social justice in all phases
power to establish religion. It should not support a
of national development.
particular religion. The State is prohibited from
interfering with purely ecclesiastical affairs. But it
Social Justice, defined.
does not mean that there is total or absolute
- Equalization of economic, political and social
separation. The better rule is symbiotic relations
opportunities with special emphasis on duty of
between the church and State.

7
 the state to tilt balance of social forces by Convention on the Rights of the Child and
favoring the disadvantaged. other international human rights
instruments of which the Philippines is a
Sec. 11, Article II (Personal Dignity and Human party.
Rights)
The State values the dignity of every human person Sec. 15, Article II (Rights to Health)
and guarantees full respect for human rights. The state shall protect and promote the right to
health of the people and instill health
Section 12, Article II (The Family as Basic Social consciousness among them.
Institution)
The State recognizes the sanctity of family life and Sec. 16, Article II (Right to A Balanced and Healthful
shall protect and strengthen the family as a basic Ecology)
autonomous social institution. It shall equally The State shall protect and advance the right of
protect the life of the mother and the life e of the the people to a balanced and healthful ecology in
unborn from conception. The natural and primary accord with the rhythm and harmony of nature.
right and duty of parents in the raring of the youth
for civic efficiency and the development of moral Oposa vs. Factoran, Jr., 224 SCRA
character shall receive the support of the 792, SC held that the 34 minors duly joined
government. by their respective parents pleading the
cause of “inter-generational responsibility”
Sec. 13, Article II (Vital Rolle of the Youth in Nation- and “inter-generational justice”, had a
Building) valid cause of action in questioning the
The State recognizes the vital role of the youth in grant of Timber Licensing Agreements
nation-building and shall promote and protect their (TLAs) for commercial logging purposes. The
physical, moral, spiritual, intellectual, and social minors filed the action for themselves as
well-being. It shall inculcate in the youth patriotism representing “their generation as well as
and nationalism, and encourage their involvement in generations yet unborn”. The SC, on the
public and civic affairs. basis of Section 16, Article II linked with the
right to health, recognized a “right to a
balanced and healthful ecology” and “the
Sec. 14, Article II (Equality of Women and Men) correlative duty to refrain from impairing
The State recognizes the role of women in nation- the environment”.
building, and shall ensure the fundamental equality The Supreme Court ruled that they can,
before the law of women and men. for themselves, for others of their
generation, and for the succeeding
PT&T Co. vs. NLRC, G.R. No. 118978, generation, file a class suit. Their
May 23, 1997, the SC held that the personality to sue in behalf of succeeding
petitioner’s policy of not accepting or generations is based on the concept of
considering as disqualified from work any intergenerational responsibility insofar as
woman worker who contracts marriage, the right to a balanced and healthful
runs afoul of the test of, and the right ecology is concerned. Such a right considers
against, discrimination, which is the “rhythm and harmony of nature” which
guaranteed all women workers under the indispensably include, inter alia, the
Constitution. While a requirement that a judicious disposition, utilization,
woman employee must remain unmarried management, renewal and conservation of
may be justified as a “bona fide the country’s forest, mineral, land, waters,
occupational qualification” where the fisheries, wildlife, offshore areas and other
particular requirements of the job would natural resources to the end that their
demand the same, discrimination against exploration, development, and utilization
married women cannot be adopted by the be equitably accessible to the present as
employer as a general principle. well as the future generations.

Garcia v. Drilon, 699 SCRA 352 International Service for the

(2013), Towards this end, the State shall Acquisition of Agri-Biotech Applications,
exert efforts to address violence committed Inc. v. Greenpeace Philippines etc. al.,
against women and children in keeping with G.R. Nos. 209271 etc., December 8, 2015,
the fundamental freedoms guaranteed Sections 15 and 16, however, impose on the
under the Constitution and the provisions of state a positive duty to "promote and
the Universal Declaration of Human Rights, protect" the right to health and to "promote
the Convention on the Elimination of All and advance" the right of "the people to a
Forms of Discrimination Against Women, balanced and healthful ecology." With

8
 respect to health and ecology, therefore, engage in the learned professions
the state is constitutionally mandated to requiring scientific or technical
provide affirmative protection. The knowledge may be required to take an
mandate is in the nature of an active duty examination as a prerequisite to engaging
rather than a passive prohibition. in their chosen careers. This regulation
assumes particular pertinence in the field
Precautionary Principle- When there is a lack of full of medicine, in order to protect the public
scientific certainty in establishing a causal link from the potentially deadly effects of
between human activity and environmental effect, incompetence and ignorance.
the court shall apply the precautionary principle in
resolving the case before it. Sec. 18, Article II
The State affirms labor as a primary social economic
For purposes of evidence, the precautionary force. It shall protect the right of the workers and
principle should be treated as a principle of last promote their welfare.
resort, where application of the regular Rules of
Evidence would cause in an inequitable result for the Bernardo vs. NLRC, G.R. No. 122917,
environmental plaintiff: July 12, 1999, the SC held that the
Magna Carta for Disabled Persons
(a) settings in which the risks of harm are mandates that qualified disabled persons
uncertain; be granted the same terms and conditions
(b) settings in which harm might be of employment as qualified able- bodied
irreversible and what is lost is employees; thus, once they have attained
irreplaceable; and the status of regular workers, they should
(c) settings in which the harm that might be accorded all the benefits granted by
result would be serious. law, notwithstanding writer or verbal
contracts to the contrary. This treatment is
When these features—uncertainty, the possibility of rooted not merely in charity or
irreversible harm, and the possibility of serious accommodation, but in justice for all.
harm — coincide, the case for the precautionary
principle is strongest. When in doubt, cases must be
Sec. 19, Article II
resolved in favor of the constitutional right to a
balanced and healthful ecology. Parenthetically, The State shall develop a self-reliant and
judicial adjudication is one of the strongest fora in independent national economy effectively controlled
which the precautionary principle may find by Filipinos.
applicability [International Service for the
Acquisition of Agri-biotech Applications, INC., v. In Tanada vs. Angara, 272 SCRA 18,
Greenpeace Philippines et al., G.R. No 209271 Where the issue is on the signing of the
(2015)] Philippines on the WTO agreement, SC held
that the Constitution does not necessarily
The constitutional right of the people to a balanced rule out the entry of foreign investments,
and healthful ecology shall be given the benefit of goods and services. It contemplates
the doubt. neither “economic seclusion” nor
“mendicancy in the international
community”.
Sec. 17, Article II
The State shall give priority to education, science Aside from envisioning a trade policy based
and technology, arts, culture, and sports to foster on “equality and reciprocity”, the fundamental
patriotism and nationalism, accelerate social law encourages industries that are “competitive
progress, and promote total human liberation and in both domestic and foreign markets,” thereby
development. demonstrating a clear policy against a sheltered
domestic trade environment, but one in favor of the
PRC vs. De Guzman, G.R. No. 144681, gradual development of robust industries that can
June 21, 2004, while it is true that the SC compete with the best in the foreign markets.
has upheld the constitutional right of every
citizen to select a profession or course of
Sec. 20, Article II
study subject to fair, reasonable, and
equitable admission and academic The State recognizes the indispensable role of the
requirements, the exercise of this right may private sector, encourages private enterprise, and
be regulated pursuant to the police power provides incentives to needed investments
of the State to safeguard health, morals,
peace, education, order, safety and general
welfare. Thus, persons who desire to

9
Sec. 21, Article II positive measures that would accommodate
The State shall promote comprehensive as many as possible into public office. The
rural development and agrarian privilege may be subjected to limitations.
One such valid limitation is the provision
of the Omnibus Election Code on nuisance
Sec. 22, Article II
candidates.
The State recognizes and promotes the rights of
indigenous cultural communities within the
Sec. 27, Article II
framework of national unity and development
The State shall maintain honesty and integrity in the
public service and take positive and effective
Sec. 23, Article II
measures against graft and corruption.
The State shall encourage non-governmental,
community-based, or sectoral organizations that
Sec. 28, Article II
promote the welfare of the nation.
Subject to reasonable conditions prescribed by law,
the State adopts and implements a policy of full
Sec. 24, Article II
public disclosure of all its transactions involving
The State recognizes the vital role of communication public interest.
and information in nation-building

Sec. 25, Article II

The State shall ensure the autonomy of local
D. SEPARATION OF POWERS
governments.
Doctrine of Separation of Powers
Judge Dadole vs. COA, G.R. No.
125350, December 3, 2002, even as we This principle operated as an implicit limitation on
recognize that the Constitution guarantees legislative powers as on the two other powers.
autonomy to LGUs, the exercise of local
autonomy remains subject to the power In essence, separation of powers means the
of control by Congress and the power legislation belongs to Congress, execution to the
of general supervision by the President. xxx executive, settlement of legal controversies to the
The President can only interfere in the judiciary. Each is prevented from invading the
affairs and activities of a LGU if he finds domain of the others. But the separation is not total.
that the latter had acted contrary to law. The system allows for “checks and balances” the net
The President or any of his alter egos effect of which being that, in general, no one
cannot interfere in local affairs as long as department is able to act without the cooperation of
the concerned LGU acts within the at least one of the other departments.
parameters of the law and the Constitution.
Any directive, therefore, by the President Purpose: To prevent concentration of powers in one
or any of his alter egos seeking to alter the department and thereby to avoid tyranny. The
wisdom of a law-conforming judgment on purpose was not to avoid friction, but, by means of
local affairs of a LGU is a patent nullity, the inevitable friction incident to the distribution of
because it violates the principle of local governmental powers among the three departments,
autonomy, as well as the doctrine of to save the people from autocracy.
separation of powers of the executive and 1. To secure action
legislative departments in governing 2. To forestall overaction
municipal corporations. 3. To prevent despotism
4. To obtain efficiency
Sec. 26, Article II
Clearly, these post-enactment measures which
The State shall guarantee equal access to
govern the areas of project identification, fund
opportunities for public service, and prohibit
release and fund realignment are not related to
political dynasties as may be defined by law.
functions of congressional oversight and, hence,
allow legislators to intervene and/or assume duties
Pamatong vs. COMELEC, G.R. No.
that properly belong to the sphere of budget
161872, April 13, 2004, the SC said execution. Indeed, by virtue of the foregoing,
that this provision does not bestow a right legislators have been, in one form or another,
to seek the Presidency; it does not contain
authorized to participate in – as Guingona, Jr. puts it
a judicially enforceable constitutional right
and merely specifies a guideline for
– "the various operational aspects of budgeting,"
legislative action. The provision is not including "the evaluation of work and financial
intended to compel the State to enact plans for individual activities" and the

10
 "regulation and release of funds" in violation of Congressional oversight is not per se violative, but
the separation of powers principle. (Belgica v. is integral, to separation of powers. However, for a
Ochoa, G.R. Nos. 208566 etc. (2013)) post-enactment congressional measure to be valid, it
must be limited to:
Principle of Blending of Powers
1. Scrutiny – Congress’ power of
Instances when powers are not confined exclusively appropriation, i.e. budget hearings, and
within one department but are assigned to or shared power of confirmation
by several departments. (Philippine Political Law,
Cruz) 2. Investigation and monitoring of
implementation of laws- using its power to
conduct inquiries in aid of legislation
E. CHECKS AND BALANCES (Abakada v. Purisima, G.R. No. 166715,
This allows one department to resist encroachments August 14, 2008)
upon its prerogative or to rectify mistakes or
excesses committed by the other departments. In more concrete terms, we rule that
subjecting the Deputy Ombudsman to discipline and
Article VI, Sec. 27(2) The President shall have the removal by the President, whose own alter egos
power to veto any particular item or items in an and officials in the Executive Department are
appropriation, revenue, or tariff bill, but the veto subject to the Ombudsman’s disciplinary authority,
shall not affect the item or items to which he does cannot but seriously place at risk the independence
not object. of the Office of the Ombudsman itself. The Office
of the Ombudsman, by express constitutional
Article VII, Sec. 19. Except in cases of impeachment, mandate, includes its key officials, all of them
or as otherwise provided in this Constitution, the tasked to support the Ombudsman in carrying out
President may grant reprieves, commutations, and her mandate. Unfortunately, intrusion upon the
pardons, and remit fines and forfeitures, after constitutionally-granted independence is what
conviction by final judgment.cralaw Section 8(2) of RA No. 6770 exactly did. By so
He shall also have the power to grant amnesty with doing, the law directly collided not only with the
the concurrence of a majority of all the Members of independence that the Constitution guarantees to
the Congress the Office of the Ombudsman, but inevitably with
the principle of checks and balances that the
Article VIII, Sec. 4 (2) (2) All cases involving the creation of an Ombudsman office seeks to
constitutionality of a treaty, international or revitalize. (Gonzales III v. Office of the President
executive agreement, or law, which shall be heard (2014))
by the Supreme Court en banc, and all other cases
which under the Rules of Court are required to be The Court deems it a sound judicial policy not to
heard en banc, including those involving the interfere in the conduct of preliminary
constitutionality, application, or operation of investigations, and to allow the Executive
presidential decrees, proclamations, orders, Department, through the Department of Justice,
instructions, ordinances, and other regulations, shall exclusively to determine what constitutes sufficient
be decided with the concurrence of a majority of the evidence to establish probable cause for the
Members who actually took part in the deliberations prosecution of supposed offenders. By way of
on the issues in the case and voted thereon. [Angara exception, however, judicial review may be allowed
vs. Electoral Commission, 63 Phil 139, (1936)] where it is clearly established that the public
prosecutor committed grave abuse of discretion,
Test in determining whether a given power has that is, when he has exercised his discretion “in an
been validly exercised by a particular department: arbitrary, capricious, whimsical or despotic manner
The first and safest criterion to determine by reason of passion or personal hostility, patent and
whether a given power has been validly exercised gross enough as to amount to an evasion of a positive
by a particular department is whether or not the duty or virtual refusal to perform a duty enjoined by
power has been constitutionally conferred upon the law. (Ampatuan, Jr. v. De Lima 695 SCRA 159,
department claiming its exercise—since the (2013))
conferment is usually done expressly. However,
even in the absence of express conferment, the Justiciable question
exercise of the power may be justified under Implies a given right, legally demandable and
the doctrine of necessary implication. The grant of enforceable, an act or omission violative of such
express power carried with it all other powers that right, and a remedy granted and sanctioned by law
may be reasonably inferred from it. for said breach of right. [Casibang vs. Aquino, 92
SCRA 642]

11
F. DELEGATION OF POWERS of prescribing them. (United States v. Darr (1903))

“Government of the Philippines” – the corporate

Principle: Delegata potestas non potest delegari- governmental entity through which the functions of
What has been delegated can no longer be delegated government are exercised throughout the
Philippines, including the various arms through which
General Rule: Only Congress may exercise legislative political authority is made effective in the
Power Philippines, whether pertaining to:

Exceptions: [CRUZ p. 162] (a) The autonomous regions,

1. Delegated legislative power to local (b) The provincial city, municipal or barangay
governments: Local governments, as an subdivisions, or
immemorial practice, may be allowed to (c) Other forms of local government. [Sec. 2(1),
legislate on purely local matters [Rubi vs. Book I, Revised Administrative Code]
Provincial Board, 1919)]
2. Delegated emergency powers of the President ii. As to control
during a State of War or Emergency[Art. VI, A. De Jure
Sec. 23(2)] (N.B. The Power of Declaration of - An organized government of a
State of Emergency belongs to the congress,
state that has the general support
(Nachura p.77)
3. Delegated taxing powers of the President [Art. of the people.
VI, Sec. 28(2)]
4. Subordinate legislation of administrative B. De Facto
agencies - Government of fact, that is, it
actually exercises power or control
Two tests of valid delegation: without legal title (Co Kim Cham v.
1. Completeness test - The law sets forth Valdes, (1945))
the policy to be executed, carried out
or implemented by the delegate 1. De Facto Proper- The government that gets
(Abakada Guro Party List vs. Purisima, possession and control of, or usurps, by
2008), such that there is nothing left force or by the voice of the majority, the
for the delegate to do but to enforce rightful legal government and maintains
the law (Pelaez vs Auditor General, itself against the will of the latter.
1965). 2. Independent Government - That
established as an independent government
2. Sufficient Standard Test - The by the inhabitants of a country who rise in
standard is sufficient if it defines insurrection against the parent state.
legislative policy, marks its limits, 3. That which is established and maintained by
maps out its boundaries and specifies military forces who invade and occupy a
the public agency to apply it. It territory of the enemy in the course of war,
indicates the circumstances under and which is denominated as a government
which the legislative command is to be of paramount force. e.g. Second Republic
effected (Edu vs Ericta, 1970). established by the Japanese belligerent

5. Power reserved to people for initiative and iii. As to Centralization

referendum [Art. VI, Sec. 1] A. Unitary – One in which the control
of the national and local affairs is
How law-making power is delegated: suppletory exercised by the national and local
rule-making (filling in details to ensure enforcement
government
of the law) and contingent rule-making (ascertaining
B. Federal - One in which the powers
the facts to bring the law into operation
of the government are divided
between two sets of organs, one
for national affairs and one for
G. FORMS OF GOVERNMENT local affairs
i. Definitions
“Government”- is that institution or aggregate of iv. As to Concentration of Powers
institutions by which an independent society makes A. Presidential- There is separation of
and carries out those rules of action which are powers in the executive and legislative
necessary to enable men to live in a social state or branches of the government.
which are imposed upon the people forming that B. Parliamentary- There is a fusion of
society by those who possess the power or authority executive and legislative powers in the

12
 Parliament, although the actual Classes of Referendum
exercise of the executive powers is (1) Referendum on statutes- petition to
vested on the Prime Minister. (Bernas) approve or reject an act or law, or part
thereof, passed by Congress;
(2) Referendum on local laws – legal process
whereby the registered voters of the LGUs
LEGISLATIVE DEPARTMENT may approve, amend, or reject any
ordinance enacted by the Sanggunian (Sec.
126, LGC)
A. WHO MAY EXERCISE LEGISLATIVE
POWER Limitations on Referendum
i. Congress The following cannot be the subject of an
initiative or referendum petition-
Legislative power is vested in the Congress which
(1) No petition embracing more than one
shall consist of a Senate and a House of
subject shall be submitted to the
Representatives.
electorate;
(2) Statutes involving emergency measures,
ii. Regional/Local Legislative Power the enactment of which is specifically
A regional assembly exists for the ARMM vested in Congress by the Constitution,
cannot be subject to referendum until 90
iii. People’s Initiative on Statutes days after effectivity (Sec. 10, RA 6735)
The power of initiative and referendum is the power
of the people to “propose and enact laws or approve iv. President
or reject any act or law or part thereof passed by - Congress may delegate legislative powers to the
the Congress or local legislative body.” (Art. VI, Sec. President in times of war or in other national
32) emergency (Art. VI Sec. 23)

The provision is not self-executing. [Santiago v.

COMELEC, 270 SCRA 106(1997)]
Executing Law: RA 6735
B. HOUSES OF CONGRESS
Valid for laws, ordincance, and resolutions, but
NOT for amendments to the Constitution [Santiago, i. Composition
supra]
Senate House of Representatives
INITIATIVE (Art. VI, Secs. 2-4) (Art. VI, Sec. 5-8)
1. Local initiative; voter requirements Composition: Twenty- Composition: not more
four, elected at large than two hundred fifty
Autonmous regions, not less than 2000 by qualified voters of members, unless otherwise
registered voters; 1,000 for provinces; 100 for the Philippines, as provided by law, consisting
municipalities; 50 for barangays. may be provided by of:
law.
Venue for filing- Regional Assembly or local a. District Representatives
legislative body. (Sec. 13, RA 6735) – elected from legislative
districts apportioned
Limitations among the provinces, cities
Cannot be exercised more than once a year; and the Metropolitan
extends only to subects or matters which are Manila area (Sec. 5(1),
within the legal powers of the local legislative Article VI)
bodies to enact; and if at any time before the
initiative is held, the local legislative body b. Party-List
should adopt in toto the proposition presented, Representatives –
the initiative shall be cancelled (supra. Sec 15) constitutes 20% of the total
number of representatives
elected through a party-list
Indirect Initiative – the exercise of initiative by system of registered
the people through a proposition sent to national, regional and
Congress or the local legislative body for action. sectoral parties or
(Sec. 3b, supra) organization.

REFERENDUM - the power of the electorate to c. Sectoral Representatives

approve or reject legislation through an election – ½ of the seat allocated to
called for that purpose (Sec. 3c, supra) party-list representatives

13
 shall be filled, as provided intention to reside in a fixed place but also
by law, be selection of personal presence in that place, coupled with
election from the: labor, conduct indicative of such intention
peasant, urban poor, (Nuval vs. Guray, 52 Phil., 645). In order to acquire
indigenous cultural a domicile by choice, there must concur (1)
communities, women, residence or bodily presence in the new locality,
youth and other sectors (2) an intention to remain there, and (3) an
provided by law except intention to abandon the old domicile. In other
religious sector. words, there must be an animus non
revertendi and an animus manendi. The purpose to
remain in or at the domicile of choice must be for
ii. Qualifications an indefinite period of time. The acts of the
person must conform with his purpose. The change
Senate House of Representatives of residence must be voluntary; the residence at
Qualifications: Qualifications: the place chosen for the domicile must be actual;
a. Natural-born a. Natural-born citizen and to the fact of residence there must be added
citizen of of the the animus manendi. (Gallego v. Verra, 1941)
the Philippines; Philippines;
b. At least thirty-five b. At least 25 years of age Finally, petitioner's submission that it would be
(35) years of age on on the day of the election; legally impossible to impose the one year residency
the day of the c. Able to read and write; requirement in a newly created political district is
election; d. Registered voter in specious and lacks basis in logic. A new political
c. Able to read and the district in which he district is not created out of thin air. It is carved
write; shall be elected except out from part of a real and existing geographic
d. Registered voter; the party-list area, in this case the old Municipality of Makati.
e. Resident of representatives; That people actually lived or were domiciled in the
the e. Resident of the district area encompassed by the new Second District
Philippines for not less for a period of not less cannot be denied. Modern-day carpetbaggers
than 2 years than 1 year immediately cannot be allowed take advantage of the creation
immediately preceding preceding the day of the of new political districts by suddenly transplanting
the day of the election themselves in such new districts, prejudicing their
election. genuine residents in the process of taking
Additional requirements advantage of existing conditions in these areas. It
for party-list will be noted, as COMELEC did in its assailed
representatives: resolution, that petitioner was disqualified from
running in the Senate because of the constitutional
f. A bona fide member of two-term limit, and had to shop around for a place
the party or organization where he could run for public office. Nothing
which he seeks to wrong with that, but he must first prove with
represent for at least reasonable certainty that he has effected a change
ninety (90) days preceding of residence for election law purposes for the
the day of the election period required by law. This he has not effectively
done. (Aquino v. COMELEC)
If Congress cannot require a candidate for senator iii. Term of Office; Limitation
to meet such additional qualification, the
COMELEC, to be sure, is also without such
power. (Social Justice Society v. Dangerous Drugs Senate House of Representatives
Board, G.R. No. 157870) Term of Office: Term of Office:
6 years - shall 3 years – shall commence,
Moreover, repatriation results in the recovery of commence, unless unless otherwise provided
the original nationality. This means that a otherwise provided by by law, at noon on the
naturalized Filipino who lost his citizenship will be law, at noon on the 30th day of June next
restored to his prior status as a naturalized Filipino 30th day of June next following their election.
citizen. On the other hand, if he was originally a following their (Art. VI, Sec. 6)
natural-born citizen before he lost his Philippine election. (Art. VI, Sec.
citizenship, he will be restored to his former status 4)
as a natural-born Filipino. [Bengzon III v. HRET
(2001)] Limitations: Limitations:

The term "residence" as used in the election law is a. Term Limit: 2 a. Term Limit: 3
synonymous with "domicile" which imports not only consecutive terms. consecutive terms.

14
Voluntary renunciation b. One who has been 3. Each legislative district shall comprise, as
of the office for any declared by competent far as practicable, contiguous, compact,
length of time shall not authority as insane or and adjacent territory.
be considered as an incompetent 4. Re-apportionment by Congress within 3
interruption in the years after the return of each census
continuity of his service c. One who has been
for the full term for sentenced by final The use by the subject provision of a comma to
which he was elected. judgment for: Subversion, separate the phrase "each city with a population of
(Section 4, Article VI) Insurrection, Rebellion, at least two hundred fifty thousand" from the phrase
Any offense for which he "or each province" point to no other conclusion than
b. One who has been has been sentenced to a that the 250,000 minimum population is only
declared by competent penalty of not more than required for a city, but not for a province. (Aquino III
authority as insane or 18 months; or A crime and Robredo v. COMELEC)
incompetent involving moral turpitude,
unless given plenary For Congress to delegate validly the power to create
c. One who has been pardon or granted a province or city, it must also validly delegate at
sentenced by final amnesty (Section 12, BP the same time the power to create a legislative
judgment for: 881— Omnibus Election district. The threshold issue then is, can Congress
Subversion, Code) validly delegate to the ARMM Regional Assembly the
Insurrection, Rebellion, power to create legislative districts for the House of
Any offense for which Representatives? The answer is in the negative.
he has been sentenced (Sema v. COMELEC)
to a penalty of not more
than 18 months; or A Legislative apportionment is defined by Black's Law
crime involving moral Dictionary as the determination of the number of
turpitude, unless given representatives which a State, county or other
plenary pardon or subdivision may send to a legislative body.It is the
granted amnesty allocation of seats in a legislative body in proportion
(Section 12, BP 881— to the population; the drawing of voting district lines
Omnibus Election Code) so as to equalize population and voting power among
the districts. Reapportionment, on the other hand, is
the realignment or change in legislative districts
iv. Removal brought about by changes in population and
mandated by the constitutional requirement of
equality of representation. (Bagabuyo v. COMELEC)
Senate House of Representatives
Removal: Removal:
Gerrymandering- the formation of a legislative
EXPULSION by the EXPULSION by the House
district out of separate territories so as to favor a
Senate with the with the concurrence of
particular candidate or party (Bernas, pg. 625)
concurrence of two- two-thirds (2/3) of all its
thirds (2/3) of all its members (Sec. 16, par. 3,
members (Section 16, Art. VI) b. Party-list system (R.A. 7941)
par. 3, Article VI)
Party-list – registered, regional and sectoral parties
a. Apportionment or organizations
- aims to democratize political power by
Rules on Apportionment of Legislative Districts encouraging growth of a multi-party system
while at the same time giving power to those
1. Apportionment of legislative districts must
who traditionally do not win in the elections.
be through a law:
a. General Appropriation Law;
Atong Paglaum Guidelines (G.R. No. 203766, April
b. Special Laws (i.e. laws that create
3, 2013):
new provinces)
2. Proportional representation based on Rationale: “The framers intended the sectoral
number of inhabitants
parties to constitute a part, but not the entirety, of
a. Each city with a population of at
the party-list system… In fact, the framers voted
least 250,000 shall have at least 1
down , 19-22, a proposal to reserve the party-list
representative
system exclusively to sectoral parties.”
b. Each province, irrespective of the
“There can be no doubt whatsoever that the framers
number of inhabitants, shall have
of the 1987 Constitution expressly rejected the
at least 1 representative
proposal to make the party-list system exclusively
for sectoral parties only, and that they clearly

15
intended the party-list system to include both foundation, organization, whether directly
sectoral and non-sectoral parties,” or through any of its officers or members or
indirectly through third parties for partisan
1. Three different groups may participate in the election purposes
party-list system: (1) national parties or
5. Violates or fails to comply with laws, rules,
organizations, (2) regional parties or organizations,
or regulations relating to elections
and (3) sectoral parties or organizations.
6. Declares untruthful statements in its
2. National parties or organizations and regional petition
parties or organizations do not need to organize 7. Ceased to exist for at least 1 year; or
along sectoral lines and do not need to represent any
“marginalized and underrepresented” sector. 8. Fails to participate in the last two
preceding elections or fails to obtain at
least 2 per centum of the votes cast under
3. Political parties can participate in party-list the party-list system in the two preceding
elections provided: elections for the constituency in which it
has registered
(a) they register under the party-list
system, and Parameters of the party-list system
1. 20% allocation: 20% of the total number of
(b) do not field candidates in legislative the membership of the House is the
district elections. maximum number of seats available to
i. A political party, whether major or party-list organizations
not, that fields candidates in legislative
district elections can participate in 2. 2% threshold: To guarantee a one seat, a
partylist elections only through its party-list organization needs to garner 2% of
sectoral wing the total votes cast.
3. Additional Seats: The additional seats,
ii. The sectoral wing is by itself an
which refers to the remaining seats after
independent sectoral party, and is
linked to a political party through a the allocation of the guaranteed seats, shall
coalition. be distributed to the party-list
organizations including those that received
less than two percent of the total votes
4. Purely Sectoral parties or organizations may
either be (a) “marginalized and underrepresented” Rationale: The continued operation of the
or (b) lacking in “well-defined political 2% thresholds is unconstitutional because
constituencies.” this mathematically and physically prevents
the filling up of the available seats
5. A majority of the members of sectoral parties or 4. 3-Seat Cap: Intended to prevent any party
organizations” must (a) belong to the “marginalized from dominating the party-list system. The
and underrepresented” sector they represent, or (b) Constitution does not require absolute
must have a track record of advocacy for their proportionality for the party-list system.
respective sectors. The nominees of national and
regional parties or organizations must be bona-
fide members of such parties or organizations.
C. LEGISLATIVE PRIVILEGES,
6. National, regional, and sectoral parties or
INHIBITIONS, AND DISQUALIFICATIONS
organizations shall not be disqualified if some of
their nominees are disqualified, provided that they i. Salaries
have at least one nominee who remains qualified.
Section 10, Article VI—The salaries of Senators and
Members of the House of Representatives shall be
Disqualified Parties: determined by law. No increase in said
compensation shall take effect until after the
1. Religious Sects expiration of the full term of all the Members of the
Senate and the House of Representatives approving
2. Foreign Organizations such increase.
3. Advocating Violence or Unlawful Means
4. Receiving support from any foreign
government, foreign political party,

16
 ii. Priviliges (Sec. 11, Art. VI) employment in the government provided he
forfeits his position in the Congress.
a. Freedom from Arrest. Reinforced by Art.
145, Revised Penal Code. - Forfeiture of the legislator’s seat, or
- When a crime committed by a member is cessation of his tenure, shall be automatic
punishable of not more than six years upon holding of the incompatible office.
imprisonment, representative may be (Adaza v. Pacana, G.R. No. L-68159)
privileged from arrest while the Congress is
in regular session.1 b. Forbidden Office (Art. VI, Sec. 13)

iii. Parliamentary Privilege of Speech - No Senator or member of the House of

- No member shall be questioned nor be held Representatives shall be appointed to any
liable in any other place for any speech or office, which may have been created, or the
debate in the Congress or any committee emoluments thereof increased during the
thereof. term for which he was elected.

- Protection is only against forums other than - With this, even if the member of the
the Congress, it does not protect the Congress is willing to forfeit his seat therein,
assemblyman against disciplinary authority of he may not be appointed to any office in the
Congress. government that has been created or the
emoluments thereof have been increased
- It is an absolute protection against suits for during his term. Such a position is forbidden
Libel. office. The purpose is to prevent trafficking in
public office.
- Said expression refers to utterances made by
Congressmen in the performance of their official - Provision does not apply to elective offices.
functions, such as speeches delivered,
statements made, or votes cast in the halls of -Appointment of the member of the Congress
Congress, while the same is in session, as well as to the forbidden office is not allowed only
bills introduced in Congress, whether the same during the term for which he was elected,
is in session or not, and other acts performed by when such office was created or its
Congressmen, either in Congress or outside the emoluments were increased. After such term,
premises housing its offices, in the official and even if the legislator is reelected, the
discharge of their duties as members of disqualification no longer applies and he may
Congress and of Congressional Committees duly therefore be appointed to the office.
authorized to perform its functions as such, at
the time of the performance of the acts in v. Other Inhibitions
question [Jimenez v. Cabangbang (1966)]
a. Conflict of Interest - All members of the
iv. Disqualifications (Sec. 13, Art. VI) Senate and the HOR shall, upon assumption
of office, make a full disclosure of their
a. Incompatible Office (Art. VI, Sec. 13) financial and business interests. They shall
- No Senator or member of the House of notify the House concerned of a potential
Representatives may hold any other office or conflict of interest that may arise from the
employment in the Government, or any filing of a proposed legislation of which they are
subdivision, agency, or instrumentality author. (Art. VI, Sec. 12)
thereof, including government-owned or
controlled corporations or their subsidiaries, b. Cannot appear as counsel before any court or
during his term without forfeiting his seat. before the Electoral Tribunals, quasi-judicial or
other administrative bodies (see Cruz p. 237)
- Purpose is to prevent him from owing loyalty
to another branch of the government, to the c. Shall not, directly or indirectly, be financially
detriment of the independence of the interested in any contract with, franchise or
legislature and the doctrine of separation of special privilege granted by the government (see
powers. De Leon p. 250)

- Prohibition is not absolute, what is not d. Shall not intervene in any matter before any
allowed is the simultaneous holding of that office in government for his pecuniary benefit or
office and the seat in the Congress. Any where he may be called upon to act on account
legislator may hold another office or of his office.
D. QUORUM AND VOTING MAJORITIES
1 People v. Jalosjos, G.R. No. 132875, Feb 3, 2000

17
 discretionary authority of the House
i. Quorum
concerned
Majority of each House shall constitute a
quorum, although a smaller number may adjourn Defensor-Santiago v. Sandiganbayan, G.R.
from day to day and may compel the attendance of
No. 118364, August 10, 1995, The
absent members. In computing a quorum, only those
suspension contemplated in the
within the House’s coercive jurisdiction are
Constitution is different from the
included. suspension prescribed in the Anti-Graft and
Corrupt Practices Act (RA 3019). The former
“Majority” refers to the number of members
is punitive in nature, while the latter is
within the jurisdiction of the Congress. There is a
preventive.
difference between a majority of “all the members
of the House” and a majority of “the House”
(Avelino v. Cuenco (1949))
F. COMMISSION ON APPOINTMENTS
ii. Voting Majorities AND ELECTORAL TRIBUNALS
Doctrine of Shifting Majority- For each House of COMMISSION ON APPOINTMENTS
Congress to pass a bill, only the votes of the
majority of those present in the session, there being
i. Composition:
a quorum, is required.
a. Senate President as Ex Officio Chairman
b. 12 Senators
Exceptions: c. 12 Congressmen
1. Votes where requirement is based on “ALL THE - Election is based on proportional
MEMBERS OF CONGRESS”
representation from the political parties
a. Overriding Presidential Veto (2/3 of
and party-list representatives
both Houses, voting separately)
b. Grant of Tax exemptions (majority)
- It is NOT mandatory to elect 12 Senators to
c. Electing President in case of a tie the Commission before it can discharge
(majority, voting separately)
its functions. What the Constitution
d. Confirming appointment of VP
requires is at least a majority of the
(majority, voting separately)
membership (Guingona v. Gonzales
e. Revoking or extending Martial Law or (1992))
the suspension of the writ of habeas - Acts as a Legislative check on the
corpus (majority, voting jointly)
appointing authority of the President
f. Submitting question calling a
- The CA shall be constituted within 30 days
Constitutional Convention to the
after the Senate and the House of
electorate (majority) Representatives shall have been
g. Call for Constitutional Convention (2/3 organized with the election of the
vote)
President and the Speaker
h. Propose Amendments to the
- The CA shall act on appointments within 30
Constitution (3/4 vote)
session days from their submission to
2. Other Special Cases
Congress
a. Determining President’s disability (2/3 - The power to approve or disapprove
of both Houses, voting separately)
appointments is conferred on the CA as a
b. Declaring a State of War (2/3 of both
body and not on the individual members.
Houses, voting separately)
(Pacete v. Secretary (1971))

E. DISCIPLINE OF MEMBERS Meetings:

- Each house may punish its members for 1. CA shall meet only while Congress is in
disorderly behavior and, with concurrence of 2/3 session.
of all its members, suspend (for not more than 60 2. Meetings are held either at the call of
days) or expel a member. the Chairman, or by a majority of all its
members
- The interpretation of disorderly behavior -
prerogative of the House concerned and cannot be
judicially reviewed. (Sec. 16(3), Art. VI)

Osmeña vs. Pendatun, 109 Phil 863, the Jurisdiction:

determination of the acts which constitutes
disorderly behavior is within the full

18
 CA shall confirm the appointments by the Commission on Appointments. Under Section 17,
President with respect to the following Article VI of the Constitution, each chamber of
positions: Congress exercises the power to choose, within
a. Heads of Executive Departments constitutionally defined limits, who among their
(EXCEPTION: Vice President) members would occupy the allotted 6 seats of each
b. Ambassadors, other public ministers or chambers respective electoral tribunal. (Pimentel v.
consuls; HRET)
c. Officers of the AFP from the rank of Jurisdiction: sole judge of all contests relating to
Colonel or Naval Captain the election, returns, and qualifications of their
d. Other officers whose appointments are respective members.
vested in him by the Constitution (e.g. What is inevitable is that Section 17, Article VI of
members of the constitutional the Constitution provides that the HRET shall be the
commissions) sole judge of all contests relating to, among other
things, the qualifications of the members of the
Congress cannot require that the House of Representatives. Since, as pointed out
appointment of a person to an office above, party-list nominees are elected members of
created shall be subject to CA confirmation. the House of Representatives no less than the
district representatives are, the HRET has
Appointments extended while Congress is jurisdiction to hear and pass upon their
not in session, otherwise known as ad- qualifications. By analogy with the cases of district
interim appointments, shall only be representatives, once the party or organization of
effective until (a) disapproval by the CA; or the party-list nominee has been proclaimed and the
(b) next adjournment of Congress. nominee has taken his oath and assumed office as
member of the House of Representatives, the
COMELECs jurisdiction over election contests relating
to his qualifications ends and the HRETs own
ELECTORAL TRIBUNALS:
jurisdiction begins. (Abayon v. HRET)
1. Nature
Acquisition of Jurisdiction:
Senate House of Representatives
1. There is an election contest
Senate Electoral House of Representative
2. Only after the proclamation of the
Tribunal (SET) - Electoral Tribunal (HRET)
Candidate
composed of three (3) – composed of nine (9)
Supreme Court Justices members: 3 Supreme In the absence of election contest, and
and six (6) Senators – to Court Justices and six (6)
before proclamation, jurisdiction remains
act as sole judge of all members of the Congress
with COMELEC. (Lazatin v. COMELEC (1988))
contest relating to – (Section 17, Art. VI)
election returns and NOTE: Ongsiako-Reyes v. COMELEC (G.R.
qualifications of their No. 207264, June 25, 2013) The Electoral
respective members.
Tribunal acquires jurisdiction only after (1)
a petition is filed before it, and (2) a
Composition Rules candidate is already considered a member
1. The Electoral Tribunals shall be constituted of the house. To be considered a member,
within 30 days after the Senate and the in turn, there must be a concurrence of the
House shall have been organized with the following: (1) a valid proclamation; (2) a
election of the President and the Speaker proper oath (a) before the Speaker and (b)
2. Members chosen enjoy security of tenure in open session; and (3) assumption of
and cannot be removed by mere change of office.
party affiliation. (Bondoc v. Pineda, 201
SCRA 793) Once a proclamation has been made,
COMELEC’s jurisdiction is already lost and
Selection HRET’s own jurisdiction begins. This only
The Constitution expressly grants to the House of applies in the context of a candidate who
Representatives the prerogative, within has not only been proclaimed and sworn in,
constitutionally defined limits, to choose from but has also assumed office.
among its district and party-list representatives
those who may occupy the seats allotted to the Independence: To be able to exercise exclusive
House in the HRET and the CA. Section 18, Article VI jurisdiction, the House Electoral Tribunal must be
of the Constitution explicitly confers on the Senate independent. Its jurisdiction to hear and decide
and on the House the authority to elect among their congressional election contests is not to be shared
members those who would fill the 12 seats for by it with the Legislature nor with the courts.
Senators and 12 seats for House members in the (Bondoc v. Pineda)

19
 legislation 4. Appearance is
G. POWERS OF CONGRESS 4. Appearance is discretionary
mandatory
i. LEGISLATIVE POWERS
a. Legislative inquiries and the oversight
function - (Section 21, Art. VI); c. Bicameral Conference Committee
Power to conduct inquiries in aid of Bills are passed:
legislation/ Investigatory Power - not absolute; 1. Jointly- in a joint session; required by
subject judicial review in view of the expanded the Constitution in special cases
power of the court to determine whether there 2. Separately- each house takes up the
has been grave abuse of discretion amounting bill on their own
to lack or excess of jurisdiction.
BICAMERAL CONFERENCE COMMITTEE
b. Limitations: - The mechanism for compromising differences
4.1 The inquiry must be in aid of legislation: between the Senate and the House - capable of
– Department Heads (alter ego of the producing unexpected result - bill will have to
president), chairmen and members of be sent back to both houses and subject to
PCGG are not exempt from summon. Only voting
the President and the Supreme Court
Justices ENROLLED BILL DOCTRINE
- should be related to re-examination of - It is one duly introduced and finally passed by
any law connected to proposed law or for both houses, authenticated by the proper
future legislation officer of each, and approved by the President.
It is conclusive upon the courts as regards the
- Department heads may appear with
tenor of the measure passed by Congress
permission from the President in
and approved by the President.
deference to separation of powers
- Once the bill becomes an enrolled bill, it is
- People are merely called as resource conclusive upon the court of its due enactment.
persons and cannot be criminally liable Courts may no longer validly inquire into the bill
because of the doctrine of separation of powers.
4.2 It must be in accordance with duly
published rules and procedure of the House d. LIMITATIONS ON LEGISLATIVE POWER
concerned
- Intended to satisfy basic requirement Formal/Procedural Limitations:
for due process 1. One-subject, One-Title Rule: every bill
passed by the Congress shall embrace only
- Publication is imperative; every change
one subject which shall be expressed in the
of Congress should publish rules despite
title. [Art. VI, Sec. 26(1)] (N.B. This is to
absence of changes
eliminate rider clauses: those not embraced
within the title)
4.3 The right of persons appearing in or 2. No bill passed by either house shall become
affected by such inquiries shall be law unless it has passed three readings on
respected. separate days [Art. VI, Sec. 26 (2)]
3. Printed copies in its final form must have
Remedy: invoke the Right against Self been distributed to its members 3 days
Incrimination before the passage of the bill. [Art. VI, Sec.
26 (2)]
Question hour (Section 22, Art. VI) - EXCEPTION: President certifies to the
necessity of its immediate enactment
Section 21 Section 22 (Question to meet a public calamity or
(Legislative Hour) emergency.
Investigation) 4. All appropriation, revenue or tariff bills,
bills authorizing increase of the public debt,
1. Any Person may 1. Only department
bills of local application, and private bills,
appear heads may appear
shall originate exclusively in the House of
2. Committee 2. The entire body
Representatives, but the Senate may
conducts the will conduct the
propose or concur with amendments (Art.
investigation investigation
VI, Sec. 24)
3. The subject 3. Subject matters
matter is any are matters related
Presidential certification dispenses with the (1)
matter for the to the department
printing requirement; and (2) requiring the
purpose of only

20
submission of the proposed bill to three readings on AUGMENT any item in the general
separate days appropriations law for their respective
offices FROM SAVINGS in other items of
Substantive Limitations: their respective appropriations
Express Limitations - a. President
1. Exercise of general powers of the state- Bill b. Senate President
of Rights [Art. III] c. Speaker of the House
2. Limitations on the power of taxation [Art. d. Chief Justice
VII, Sections 28 and 29(3)] e. Chairs of Constitutional
3. Requisites to pass an appropriation bill Commissions
[Sec. 25 and 29(1) and (2), Art. VI]
4. Limitation on the appellate jurisdiction of For Special Appropriation Bills
the SC [Sec. 30, Art. VI] 1. Shall specify the purpose for which it is
5. No law granting title of royalty or nobility intended
shall be passed [Sec. 31, Art. VI] 2. Shall be supported by funds
a. Actually available as certified by
the National Treasurer; or
Limitations on Revenue, Appropriations and Tariff b. To be raised by corresponding
Measures revenue proposal therein

i. Appropriations Limitation on Use of Public Fund

1. No money shall be paid out of the National
General Limitations: Treasury except in pursuance of an
1. Appropriations must be for a public purpose appropriation made by law.
2. The appropriation must be by law 2. However, this rule does not prohibit
3. Cannot appropriate public funds or continuing appropriations, e.g. for debt
property, directly or indirectly, in favor of servicing, for the reason that this rules does
a. Any sect, church, denomination, or not require yearly or annual appropriation
sectarian institution or system of
religion or ii. Taxation
b. Any priest, preacher, minister, or
other religious teacher or dignitary Limitations
as such. 1. Power to tax should be exercised only for a
Exception: If the priest etc. is assigned to the public purpose.
Armed Forces, any penal institution, government 2. Taxes to be imposed must be uniform and
orphanage or leprosarium equitable.
(a) Power to tax must operate with the
4. Government is not prohibited from same force and effect in every place where
appropriating money for a valid secular the subject of it is found.
purpose, even if it incidentally benefits a (a) Classification for the purpose of taxation
religion is not prohibited per se, but it must comply
with the Test of Valid Classification
Specific Limitations:
1. Congress may not increase the Constitutional Tax Exemptions:
appropriations recommended by the 1. Religious, charitable, educational
President for the operation of the institutions and their properties
Government specified by the President for 2. All revenues and assets of non-stock, non-
the operation of the Government as profit educational institutions are exempt
specified in the budget from taxes and duties provided that such
2. Form, content and manner of preparation of revenues and assets are actually, directly
the budget shall be prescribed by law. and exclusively used for educational
3. No provision or enactment shall be purposes [Art. XIV, Sec. 4(3)]
embraced in the general appropriations bill 3. Grants, endowments, donations or
unless it relates specifically to some contributions used actually, directly and
particular appropriation therein. exclusively for educational purposes shall
4. Procedure in approving appropriations FOR be exempt from tax, subject to conditions
THE CONGRESS shall strictly follow the prescribed by law [Art. XIV, Sec. 4(4)]
procedure for approving appropriations for
other departments and agencies.
5. No law shall be passed authorizing any Government Budgeting Process (Guingona v.
transfer of appropriations. However, the Carague)
following may, BY LAW, be authorized to 1. Budget Preparation

21
 - Covers the estimation of government 1. Sign and the bill becomes a law.
revenues, the determination of budgetary 2. Vetoes the bill, it does not become a law.
priorities and activities within the ?2/3 votes of all its Members (for Congress to
constraints imposed by available override)
revenues and by borrowing limits, and the 3. Inaction - the bill automatically becomes a law
translation of desired priorities and within 30 days upon receipt of the bill from
activities into expenditure levels. Congress.
- Starts with the Budget Call from DBM,
where all agencies are required to submit Pocket veto occurs when:
their proposals a. The President fails to act on the bill;
b. The reason he does not return the bill to the
2. Budget Legislation Congress is that Congress is not in session.
- Congress formulates the appropriation act
following the Constitutional processes. PRESIDENTIAL VETO (Section 27, Article VI)
1. General veto of the President—paragraph 1 of
3. Budget Execution Section 27, Article VI
- covers the various orperational aspects of 2. Item/Line veto of the President—paragraph 2 of
budgeting. The establishment of obligation Section 27, Article VI
authority ceilings, the evaluation of work
and financial plans for individual activities, General rule: Selective/partial veto is
the continuing review of government fiscal not allowed. The President may not
position, the regulation of funds releases, veto a provision of the bill without
the implementation of cash payment vetoing the whole/entire bill itself.
schedules, and other related activities
comprise this phase of the budget cycle. Exception: Paragraph 2 of Section 27,
Article VI—Item/Line veto
4. Budget Accountability- evaluation of Only Appropriation, Revenue
actual performance and initially approved and Tariff Bills (ART)—selective veto is
work targets, obligations incurred, allowed here provided the vetoed bill
personnel hired and work accomplished are shall not affect the items which was not
compared with the targets set at the time vetoed.
the agency budgets were approved.
Item—Refers to the particulars, the
details, the distinct and severable parts
The existence of appropriations and the of the bill. It is an indivisible sum of
availability of funds are indispensable pre- money dedicated to a stated purpose.
requisites to or conditions sine qua non for
the execution of government contracts. The Exceptions to the Exception:
obvious intent is to impose such conditions 1. Doctrine of inappropriate provisions
as a priori requisites to the validity of the - Section 25 (2), Article VI A provision that
proposed contract (COMELEC v. Quijano- is constitutionally inappropriate for an
Padilla) appropriation bill may be singled out for
veto even if it is not an appropriation or
Illegal Acts under the Disbursement revenue item.
Acceleration Program (Araullo v. Aquino):
• the creation of savings prior to the 2. Executive Impoundment
end of the fiscal year and the - Refusal of the President to spend funds
withdrawal of these funds for already allocated by Congress for specific
implementing agencies purpose. It is the failure to spend or
• the cross-border transfers of the obligate budget authority of any type. This
savings from one branch of power is derived from Section 38 of the
government to another Administrative Code of 1987 on suspension.
• the allotment of funds for
projects, activities, and programs 3. Legislative Veto
not outlined in the General - A congressional veto is a means whereby
Appropriations Act the legislature can block or modify
administrative action taken under a statute.
It is a form of legislative control in the
iii. Presidential Veto and Congressional Override implementation of particular executive
action. The form may either be: a. Negative
President’s Options: - subjecting the executive action to

22
 disapproval by Congress; or b. Affirmative - - Decide the disability of President
requiring approval of the executive action because majority of the Cabinet
by Congress disputes his assertion that he is able to
discharge his duties (Section 11, Art. VII);
ii. NON-LEGISLATIVE POWERS - Revoke or extend proclamation of
suspension of privilege of writ of habeas
1. Informing Function
corpus or declaration of martial law
Conduct of Legislative Inquiries is intended to (Section 18, Art. VII);
benefit not only Congress but citizenry who are - Set the rules regarding the utilization of
equally concerned with the proceedings [Sabio v. natural resources (Section 2, Art. XII).
Gordon (2006)]

2. Impeachment Power Initiation [Filing by

(a) any member of the HOR or (b) any
citizen upon endorsement by a member of EXECUTIVE DEPARTMENT
the HOR; followed by REFERRAL to the
proper HOR Committee
- Committee Report by the HOR Committee on A. PRIVILEGES, INHIBITIONS,
Justice, which either favourably or unfavourably DISQUALIFICATIONS
resolves the complaint
- Resolution affirmed or overridden (in 1. QUALIFICATIONS AND DISQUALIFICATIONS
unfavourable) by vote of 1/3 of all members of PRESIDENT VICE PRESIDENT
the House. Sec. 3 (2) (3)]
QUALIFICATIONS
Verified Complaint or Resolution
(1) Natural born citizen;
Filed by 1/3 of all the members of the HOR; Senate (2) Registered voter;
Trial will proceed (3) Able to read and write;
(4) At least 40 years of age on the day of election;
Trial and
(5) Resident of the Philippines for at least 10
Senate has sole power to try and decide all cases of
years immediately preceding the election
impeachment. [Sec. 3(6)]
Court power of judicial review extends over
justiciable issues arising from the impeachment TERM OF OFFICE: Six (6) years
proceedings [Francisco v. HRep (2003)] DISQUALIFICATIONS
A question whether the Senate Impeachment Rules (1) Not eligible for any (3) Shall not serve for
were followed is a political question [Corona v. re-election; more than two (2)
Senate (2012)] (2) No person who has consecutive terms
succeeded as (Sec. 4, Art. VII)
(iii) Other Non-Legislative Powers President and has
served as such for
- Canvass presidential election (Section 4, more than 4
Art. VII); years shall be
- Declare the existence of state of war qualified for
(Section 23, par.1, Art. VI) election to the
- The Congress, by a vote of 2/3 of same office at any
both houses in joint session time (Sec. 4, Art.
assembled, voting separately, shall VII);
have the sole power to declare the
existence of a state of war General Disqualifications*
- Exercise delegation of emergency powers; (a) One who has been declared incompetent
- Call special election for President and VP or insane by competent authority;
(Section 10, Art. VII); (b) One who has been sentenced by final judgment
- Give concurrence to treaties and amnesties for:
(Sections 19 and 21, Art. VII); ✓ Subversion
- Propose constitutional amendments ✓ Insurrection,
(constituent power) (Sections 1-2, Art. ✓ Rebellion
XVII); ✓ -Any offense for which he has been
- Confirm certain appointments (Section 9 sentenced to a penalty of not more than
and 16, Art. VII); 18 months; or A crime involving moral
turpitude, unless given plenary pardon

23
 or granted amnesty (Section 12, BP 881— Residence in the Philippines up to the day before
Omnibus Election Code) May 09, 2016," she put in "10 years 11 months"
which according to her pleadings in these cases
corresponds to a beginning date of 25 May 2005
CANVASSING BOARD:
when she returned for good from the U.S.
Congress (Senate and House of Representatives); in
case of tie, Congress by majority vote shall select.
Requisites for a new domicile: There are three
ELECTORAL TRIBUNAL: requisites to acquire a new domicile:
Supreme Court (en banc) (1) Residence or bodily presence in a new locality;
(2) An intention to remain there; and
REMOVAL: Impeachment only (3) An intention to abandon the old domicile.

Poe-Llamanzares v. Commission on Elections, – To successfully effect a change of domicile, one

SCRA – (G.R. Nos. 221697, etc., 8 March 2016, must demonstrate an actual removal or an actual
and, 5 April 2016): The tribunals which have change of domicile; bona fide intentions of
jurisdiction over the question of the qualifications abandoning the former place of residence and
of the President, the Vice-President, Senators and establishing a new one and definite acts which
the Members of the House of Representatives were correspond with the purpose. In other words, there
made clear by the Constitution. must basically be animus manendi coupled with
animus non revertendi. The purpose to remain in or
On the issue of being a natural-born Filipino: at the domicile of choice must be for an indefinite
There is a disputable presumption that things have period of time; the change of residence must be
happened according to the ordinary course of voluntary; and the residence at the place chosen for
nature and the ordinary habits of life. All of the the new domicile must be actual.
foregoing evidence, that a person with typical
Filipino features is abandoned in Catholic Church in Pormento v. Estrada, 629 SCRA 530 (2010): The
a municipality where the population of the Court is called upon to determine the proper
Philippines is overwhelmingly Filipinos such that interpretation of the following provision of Section
there would be more than a 99% chance that a child 4, Article VII of the Constitution: [t]he President
born in the province would be a Filipino, would shall not be eligible for any reelection?
indicate more than ample probability if not
statistical certainty, that petitioner's parents are The novelty and complexity of the constitutional
Filipinos. The common thread of the Universal issue involved in this case present a temptation that
Declaration on Human Rights (“UDHR”), U. N. magistrates, lawyers, legal scholars and law
Convention on the Rights of the Child (“UNCRC”) students alike would find hard to resist. However,
and the International Convention on Civil and prudence dictates that this Court exercise judicial
Political Rights (“ICCPR”) is to obligate the restraint where the issue before it has already
Philippines to grant nationality from birth and been mooted by subsequent events. More
ensure that no child is stateless. This grant of importantly, the constitutional requirement of the
nationality must be at the time of birth, and it existence of a case or an actual controversy for the
cannot be accomplished by the application of our proper exercise of the power of judicial review
present naturalization laws, Commonwealth Act No. constrains us to refuse the allure of making a grand
473, as amended, and R.A. No. 9139, both of which pronouncement that, in the end, will amount to
require the applicant to be at least eighteen (18) nothing but a non-binding opinion.
years old.
As a rule, this Court may only adjudicate actual,
The principles found in two conventions, while yet ongoing controversies. The Court is not empowered
unratified by the Philippines, are generally to decide moot questions or abstract propositions,
accepted principles of international law. The first is or to declare principles or rules of law which cannot
Article 14 of the 1930 Hague Convention on Certain affect the result as to the thing in issue in the case
Questions Relating to the Conflict of Nationality before it. In other words, when a case is moot, it
Laws under which a foundling is presumed to have becomes non-justiciable.
the "nationality of the country of birth.
An action is considered moot when it no longer
On the issue of ten-year residence: The presents a justiciable controversy because the
Constitution requires presidential candidates to issues involved have become academic or dead or
have ten (10) years' residence in the Philippines when the matter in dispute has already been
before the day of the elections. Since the resolved and hence, one is not entitled to judicial
forthcoming elections will be held on 9 May 2016, intervention unless the issue is likely to be raised
petitioner must have been a resident of the again between the parties. There is nothing for the
Philippines prior to 9 May 2016 for ten (10) years. In court to resolve as the determination thereof has
answer to the requested information of "Period of been overtaken by subsequent events.

24
 information from Congress, the courts and
Macalintal v. Presidential Electoral Tribunal, ultimately, the public.
635 SCRA 783 (2010) 651 SCRA 239 (2011): PET is ✓ Topics within the scope of privilege (Section
a constitutionally created body and has a distinct 2(a) EO 464)
mandate from the Supreme Court: (a) Conversation and correspondence
“We have previously declared that the PET is not between president and the public
simply an agency to which Members of the Court official covered by the executive
were designated. Once again, the PET, as intended privilege
by the framers of the Constitution, is to be an (b) Military, diplomatic and other national
institution independent, but not separate, from the security matters which in the interest
judicial department, i.e., the Supreme Court. of national security should not be
McCulloch v. State of Maryland proclaimed that "[a] divulged
power without the means to use it is a nullity." The (c) information between inter-government
vehicle for the exercise of this power, as intended agencies prior to the conclusion of
by the Constitution and specifically mentioned by treaties and executive agreements
the Constitutional Commissioners during the (d) discussion in close door cabinet
discussions on the grant of power to this Court, is meetings
the PET. Thus, a microscopic view, like the (e) matters affecting national security and
petitioner's, should not constrict an absolute and public order
constitutional grant of judicial power.”
2 KINDS OF EXECUTIVE PRIVILEGE
Presidential Communications Privilege:
2. PRIVILEGES Communications are presumptively privileged;
(1) Official Residence – Malacanang (for the president must be given freedom to explore
President only) alternatives in policy-making

(2) Salary shall be determined by law. Shall not be Deliberative Process Privilege (Executive
decreased during tenure. No increase shall take Officials): materials that comprise part of a process
effect until the expiration of the incumbent by which governmental decisions and policies are
term formulated.

(3) Immunity from Suit REQUISITES FOR VALIDITY OF CLAIM OF PRIVILEGE

✓ Rationale: to assure that the exercise of Quintessential and non-delegable presidential
presidential duties and functions is free power: The power subject of the legislative inquiry
from any hindrance or distraction. must be expressly granted by the Constitution to the
However, there is nothing in our laws that President
prevent the President from waiving his
right. Operational Proximity Test: It must be authored,
✓ Chief executive cannot invoke immunity solicited, and received by the close advisor of the
from suit from civil damages after his President or the President himself. The advisor must
tenure. be in “operational proximity” with the president,
✓ Validity of his acts can be tested by an that is, being proximate to the President not only by
action against other executive officials reason of function but also by reason of position in
✓ Immunity is co-extensive with tenure and the organizational structure.
covers only official duties
No adequate need: The privilege may be overcome
But this privilege of immunity from suit, pertains to by a showing of adequate need such that the
the President by virtue of the office and may be information sought “likely contains important
invoked only by the holder of the office; not by any evidence” and by the unavailability of the
other person in the President's behalf. Thus, an information elsewhere by an appropriate investing
accused in a criminal case in which the President is authority.
complainant cannot raise the presidential privilege
as a defense to prevent the case from proceeding 3. PROHIBITIONS AND INHIBITIONS
against such accused. (Soliven v. Makasiar, 167 (a) Shall not receive any other emolument from
SCRA 393) the government or any other source (Section 6,
Article VII);
(4) No need for Commission on Appointment for (b) Shall not hold any other office or
Cabinet post (Vice-president) employment unless otherwise provided in the
Constitution
(5) Executive privilege i.e. ex-officio member – this is provided by law
✓ Right of the President and high-level and they are not given additional compensation
executive branch officials to withhold for this. [National Amnesty Commission v. COA,

25
 G.R. No. 156982 (2004)] temporary capacity and may be replaced at will of
(c) Shall not practice any other profession; the appointing authority. In this sense, a
(d) Shall not participate in any business; designation is considered only an acting or
(e) Shall not be financially interested in any temporary appointment which does not confer
contract with, or in any franchise, or special security of tenure on the person named.
privilege granted by the Government, including
GOCCs; CLASSIFICATIONS
(f) Shall avoid conflict of interest in conduct of (a) Permanent – those extended to persons
office; possessing the requisite eligibility and are
(g) Shall avoid nepotism. (Sec. 13, Art. VII) thus protected by the constitutional guarantee
of security of tenure.
(b) Temporary - those given to persons without
such eligibility, revocable at will and without
B. POWERS OF THE PRESIDENT necessity of just cause or a valid investigation,
made on the understanding that the
1. EXECUTIVE POWER (SECTION 1, ARTICLE VII) appointing power has not yet decided on a
It is the legal and political functions of the permanent appointee and that the temporary
President involving the exercise of discretion. It is appointee may be replaced at any time a
vested in the President of the Philippines. It is the permanent choice is made.
power to enforce and administer laws. (c) Regular - Appointment by the President when
Congress is in session. It takes effect only after
Power of Administrative Reorganization The confirmation by the CA, and once approved,
President, subject to the policy of the Executive continues until the end of the term of the
Office and in order to achieve simplicity, economy appointee.
and efficiency, shall have the continuing authority (d) Ad Interim - (2nd paragraph of Section 16,
to reorganize the administrative structure of the Article VII) - Appointment by the President
Office of the President. (Sec. 31, Book III, E.O. 292) when Congress is not in session. It takes
effect immediately but ceases to be valid if
Faithful Execution Clause The President shall have disapproved by the CA or upon the next
control of all the executive departments, bureaus, adjournment of Congress. It is deemed by-
and offices. He shall ensure that the laws be passed through inaction. It is intended to
faithfully executed. [Article 7, Section 17.] prevent interruptions in vital government
services that would otherwise result from the
2. APPOINTING POWER (SECTION 16, ARTICLE VII) prolonged vacancies in government offices.
Appointment - is the selection, by the authority ✓ It is a permanent appointment because it
vested with the power, of an individual who is to takes effect immediately and can no longer
exercise the functions of a given office. (Cruz, Phil. be withdrawn by the President once the
Political Law, 1989 ed., p. 178) appointee has qualified into office. The
fact that it is subject to confirmation
Appointing power is executive in nature. It is vested by the Commission on
in the President. The power carries with it the ✓ Appointments do not alter its permanent
power to remove except in some cases like Justices character. The Constitution itself makes an
of the Supreme Court, the President appoints them ad interim appointment permanent in
but he cannot remove them. They can only be character by making it effective until
removed through impeachment. Congress cannot disapproved by the CA or until the next
appoint a specific person into a public office. The adjournment of Congress.
appointing power is the exclusive prerogative of the
President, upon which no limitations may be Ad Interim Regular
imposed by Congress, except those resulting from (1) Takes effect (1) Does not take
the need of securing the concurrence of the immediately effect immediately
Commission on Appointments and from the exercise (2) Appointee assumes (2) Appointee assumes
of the limited legislative power to prescribe the office immediately office only after
qualifications to a given appointive office. [See: and later on the confirmation by
Manalang v. Quitoriano, G.R. No. L-6898 (1954)] appointment should the CA
be confirmed by the (3) Made when
Designation - simply means imposition of additional CA Congress is in
duties on a person already in the public service. (3) Made while Congress session
is not in session
Binamira vs. Garrucho, 188 SCRA 154, when a
person is merely designated and not appointed, the Ad Interim Appointment in
implication is that he shall hold office in a

26
 acting capacity General Rule: No appointments two months
(1) Congress not in (1) Made any time when immediately before the next presidential elections
session there is vacancy, and up to the end of his term
(2) Requires whether or not
confirmation of Congress is in session Exceptions
CA (2) Does not require CA 1. Temporary appointments to executive positions
(3) Permanent in confirmation when continued vacancies therein will prejudice
nature (3) Temporary in nature; public service or endanger public safety
(4) Appointee enjoys no security of tenure 2. Appointments in the judiciary [De Castro v. JBC,
security of tenure 2010]

Matibag vs. Benipayo, 380 SCRA 49 ELEMENTS OF A VALID APPOINTMENT

Ad interim means “in the meantime” or “for the time (1) Authority to appoint and evidence of the
being”. An ad interim appointment means a exercise of the authority;
permanent appointment made by the President in the (2) Transmittal of the appointment paper and
meantime that Congress is in recess. It does not mean evidence of the transmittal (Preferably through
a temporary appointment that can be withdrawn or the Malacañang Records Office)
revoked at any time. An ad interim appointee who (3) Vacancy of the position at the time of
has qualified and assumed office becomes at that appointment; and
moment a government employee and therefore part (4) Receipt of the appointment paper and
of the civil service. He enjoys the constitutional acceptance of the appointment by the
protection that he cannot be suspended or removed appointee who possesses all the qualifications
except for causes provided by law. The withdrawal or and none of the disqualifications.
revocation of an ad interim appointment is possible
only if it is communicated to the appointee before Confirmation is not required:
the moment he qualifies, and any withdrawal or ✓ When the President appoints other government
revocation thereafter is tantamount to removal from officers whose appointments are not otherwise
office. Once an appointee has qualified, he acquires a provided by law;
legal right to the office which is protected not only ✓ Those officers whom he may be authorized by
by statute but also by the Constitution. He can only law to appoint (e.g. Chairman and members of
be removed for cause, after notice and hearing, the Commission on Human Rights)
consistent with the requirements of due process. ✓ When Congress creates inferior offices but omits
to provide for appointment thereto, or provides
The SC held that an ad interim appointment that is in an unconstitutional manner for such
by-passed by the Commission on Appointments appointments
because of lack of time or failure of the latter to ✓ When the Vice-President is appointed as
organize is another matter. A by-passed appointment member of the Cabinet
is one that has not been finally acted upon on the ✓ Appointments under the recommendation of the
merits by the CA at the close of the session of Judicial and Bar Council (Members of the
Congress. There is no final decision by the Supreme Court, Ombudsman and Deputies)
Commission on Appointments to give or withhold its ✓ Appointments solely by the President
consent to the appointment as required by the
Constitution. Absent such decision, the President is
free to renew the ad interim appointment of a by- Who may be appointed?
passed appointee. This is recognized in Section Sarmiento vs. Mison, 156 SCRA 549, not all
17 of the Rules of the Commission on appointments made by the President need CA
Appointments. Hence, under the Rules, a by-passed confirmation. Only those enumerated in
appointment can be considered again if the President paragraph 1 of Section 16, Article VII need
renews the appointment. confirmation of the Commission on
Appointments. The appointment of Salvador
Midnight Appointments Mison as Commissioner of Customs needs no
Two months immediately before the next presidential confirmation by the CA, because the
elections and up to the end of his term, a President Commissioner of Customs is not among the
or Acting President shall not make appointments, officers mentioned in the 1st paragraph of
except temporary appointments to executive Section 16, Article VII.
positions when continued vacancies therein will
prejudice public service or endanger public safety. Officers to be appointed by the President that
[Art. VII, Sec. 15] require the confirmation of Commission on
Appointments: (the list is exclusive)
(a) Heads of the executive department
Except: Vice-President—may be
appointed as a Member of the Cabinet.

27
 Such appointment requires no
confirmation. (Section 3, Article VII) The prohibition against midnight appointments
(b) Ambassadors, other public ministers and consuls applies only to positions in the executive
(c) Officers of the armed forces from the rank of department. (De Castro v. JBC, G.R. No. 191002,
colonel or naval captain Mar. 17, 2010)
(d) Other officers whose appointments are vested in
him in the Constitution. Example: JBC, Velicaria-Garafil v. Office of the President, – SCRA
Constitutional Commissions – (G.R. No. 203372,16 June 2015): The following
(e) All other officers of the government whose elements should always concur in the making of a
appointments are not otherwise provided by valid (which should be understood as both complete
law and effective) appointment: (1) authority to appoint
(f) Those whom he may be authorized by law to and evidence of the exercise of the authority; (2)
appoint. transmittal of the appointment paper and evidence of
the transmittal; (3) a vacant position at the time of
APPOINTING PROCEDURE: appointment; and (4) receipt of the appointment
(1) Nomination by the President; paper and acceptance of the appointment by the
(2) Confirmation by the Commission on appointee who possesses all the qualifications and
Appointments; none of the disqualifications. The concurrence of all
(3) Issuance of commission; and these elements should always apply, regardless of
(4) Acceptance by appointee. when the appointment is made, whether outside, just
Deemed complete upon acceptance. Pending before, or during the appointment ban. These steps
such acceptance, which is optional to the in the appointment process should always concur and
appointee, the appointment may still be operate as a single process. There is no valid
validly withdrawn. Appointment to a public appointment if the process lacks even one step.
office cannot be forced upon citizen except
for purposes of defense of the State under POWER OF REMOVAL
Section 4, Article II of the Constitution, as an General Rule: This power is implied from the power
exception to the rule against involuntary to appoint.
servitude.
Exceptions: Those appointed by him where the
LIMITATIONS ON APPOINTING POWER: Constitution prescribes certain methods for
(1) Prohibition against nepotism - (Section 13, separation from public services.
par. 2, Article VII) The spouse and relatives by
consanguinity or affinity within the 4th civil Examples: President, VP, Members of the
degree of the President shall not during his Constitutional Commissions, Justices of the SC and
tenure be appointed as Members of the the Ombudsman - may only be removed through
Constitutional Commissions, or the Office of impeachment [Art. XI, Sec. 2]
bureaus or offices, including government-owned
or controlled corporations and their subsidiaries. President may be removed in the case of inability to
(2) Appointments extended by an Acting discharge official functions. [Art. VII, Sec. 11]
President shall remain effective unless revoked - There must be a written declaration
by the elected President within 90 days from his from the President transmitted to the
assumption of office. (Section 14, Article VII) Senate President and Speaker of the
House
(3) The presidential power of appointment may also - Majority of the Members of the Cabinet
be limited by Congress through its power to may transmit the written declaration
prescribe qualifications for public office.
3. CONTROL AND SUPERVISION POWER (SEC, 17,
(4) The judiciary may annul an appointment made
ART. VII)
by the President if the appointee is not
Control—is the power to alter or modify or nullify
qualified or has not been validly confirmed
or set aside what a subordinate had done in the
by the Commission on Appointments.
performance of his duties and to substitute the
judgment of the former for that of the latter.
(5) Midnight Appointments: Section 15, Article VII -
2 types of appointment: Two months
Supervision—means overseeing, or the power or
immediately before the next presidential
authority of an officer to see that subordinate
elections and up to the end of his term, a
officers perform their duties, and if the latter
President or Acting President shall not make
fail or neglect to fulfill them, then the former
appointments, Exception: temporary
may take such action or steps as prescribed by
appointments to executive positions when
law to make them perform these duties.
continued vacancies therein will prejudice
public service or endanger public safety.

28
The President shall exercise general supervision on local affairs of a LGU is a patent nullity,
over local governments [Art. X, Sec.4] because it violates the principle of local
autonomy, as well as the doctrine of
Alter Ego Principle/ Doctrine of Qualified separation of powers of the executive and
Political Agency the legislative departments in governing
All executive and administrative organizations municipal corporations2.
are adjuncts of the Executive Department, the
heads of the various executive departments are
assistants and agents of the Chief Executive, 4. MILITARY POWERS
and except in cases where the Chief Executive is Calling-out power, power to place the Philippines
required by the Constitution or the law to act in under martial law and power to suspend the privilege
person or the exigencies of the situation of the writ of habeas corpus (Section 18, Article VII)
demand that he act personally, the multifarious
executive and administrative functions of the (a) The Commander-in-Chief Clause
Chief Executive are performed by and through ✓ To call out the Armed forces to prevent or
the executive departments, and the acts of the suppress lawless violence, invasion or
secretaries of such departments, performed and rebellion.
promulgated in the regular course of business, ✓ Organize courts martial for the discipline of
are, unless disapproved or reprobated by the the armed forces and create military
Chief Executive, presumptively the acts of the commissions for the punishment of war
Chief Executive. [Vilena v. Secretary of Interior, criminals.
G.R. No. 46570, (1939)]
Section 18, Art VII grants the President,
The rule which has thus gained recognition is as Commander-in-Chief, a "sequence" of
that "under our constitutional setup the "graduated power[s]." From the most to the
Executive Secretary who acts for and in behalf least benign, these are: the calling out
and by authority of the President has an power, the power to suspend the privilege
undisputed jurisdiction to affirm, modify, or of the writ of habeas corpus, and the
even reverse any order" [Lacson-Magallanes Co. power to declare martial law. In the
Inc. v. Paño, (1967)] exercise of the latter two powers, the
Constitution requires the concurrence of
Applying the doctrine of qualified political two conditions, namely, an actual invasion
agency, the power of the President to or rebellion, and that public safety
reorganize the National Government may validly requires the exercise of such power.
be delegated to his cabinet members exercising However, as we observed in Integrated Bar
control over a particular executive department. of the Philippines v. Zamora, "[t]hese
[DENR v. DENR Region XII Employees, G.R. No. conditions are not required in the exercise
149724] of the calling out power. The only criterion
is that 'whenever it becomes necessary,'
Manalang-Demigillo v. Trade and the President may call the armed forces 'to
Investment Development prevent or suppress lawless violence,
Corporation of the Philippines invasion or rebellion. '"Nevertheless, it is
(TIDCORP), 692 SCRA 359, G.R. No. equally true that S18, Art7 does not
168613 March 5, 2013: The doctrine expressly prohibit the President from
of qualified political agency could not declaring a state of rebellion. Note that
be extended to the acts of the Board the Constitution vests the President not
of Directors of TIDCORP despite some only with Commander-in-Chief powers but,
of its members being themselves the first and foremost, with Executive
appointees of the President to the powers. [SANLAKAS v. Executive Secretary,
Cabinet. (Bersamin, J.) G.R. No. 159085]

Power of General Supervision over Local Gudani vs. Senga, G.R. No. 170165,
Governments (Section 4, Article X) August 15, 2006, the ability of the
✓ The President can only interfere in the affairs President to require a military official
and activities of a LGU if he finds that the to secure prior consent before appearing
latter acted contrary to law. The President or before Congress pertains to a wholly
any of his alter egos cannot interfere in local different and independent specie of
affairs as long as the concerned LGU acts within presidential authority—the commander-in-
the parameters of the law and the chief powers of the President. By tradition
Constitution. Any directive, therefore, by the and jurisprudence, the commander-in-
President or any of his alter egos seeking to
alter the wisdom of a law-conforming judgment 2 Judge Dadole v . COA, G.R. No. 125350, December 3, 2002

29
 chief powers of the President are not proclamation of martial law or the
encumbered by the same degree of suspension of the privilege of the writ of
restriction as that which may attach to habeas corpus or the extension thereof,
executive privilege or executive control. and must promulgate its decision
thereon within 30 days from its filing;
(b) Suspension of the privilege of the writ of habeas ✓ It does not suspend the operation of the
corpus Constitution, nor supplant the functioning
Grounds: invasion or rebellion, when public of the civil courts or legislative
safety requires it. assemblies, nor authorize the confinement
of jurisdiction on military courts and
Duration: not to exceed 60 days, following agencies over civilians where civil courts
which it shall be lifted unless extended by are able to function, nor automatically
Congress suspend the privilege of the writ.

Duty of the President: To report action to 5. PARDONING POWER

Congress within 48 hours, personally or in Pardoning power, reprieves, commutations,
writing amnesty, remit fines and forfeitures (Section 19,
Article VII)
The Congress may revoke or extend, on request
of the President, the effectivity of Exercise by the President: Discretionary; may not
proclamation by a majority vote of all its be controlled by the legislature or reversed by the
Members, voting jointly. courts unless there is violation of the Constitution

The suspension applies only to persons (a) Pardon - an act of grace which exempts the
judicially charged for rebellion or offenses individual on whom it is bestowed from
inherent in or directly connected with invasion. punishment which the law inflicts for a crime
he has committed.
During the suspension of the privilege of the ✓ Plenary or partial
writ of habeas corpus, any person thus arrested ✓ Absolute or conditional
or detained shall be judicially charged within Conditional pardon—is in the nature of a
three (3) days, otherwise he shall be released. contract between the sovereign power or
the Chief Executive and the convicted
(c) Proclamation of Martial Law criminal to the effect that the former will
release the latter subject to the condition
The constitutional validity of the President’s that if he does not comply with the terms
proclamation of martial law or suspension of of the pardon, he will be recommitted to
the writ of habeas corpus is first a political prison to serve the unexpired portion of
question in the hands of Congress before it the sentence or an additional one.
becomes a justiciable one in the hands of the
Court. [Fortun v. Macapagal-Arroyo] (b) Commutation - reduction or mitigation of
penalty
Constitutional safeguards on the exercise of the
power of the President to proclaimmartial law: (c) Reprieve - postponement of sentence or stay
✓ There must be actual invasion or rebellion; of execution
✓ The duration of the proclamation shall not
exceed 60 days; (d) Parole - release from imprisonment, but
✓ Within 48 hours, the President shall without full restoration of liberty, as
report his action to Congress. If parolee is in custody of the law although not in
Congress is not in session, it must convene confinement
within 24 hours;
✓ Congress may, by majority vote of all its (e) Amnesty - act of grace, concurred in by the
members voting jointly, revoke the Legislature, usually extended to groups of
proclamation, and the President cannot set persons who committed political offenses,
aside the revocation; which puts into oblivion the offense itself.
✓ By the same vote and in the same
manner, upon initiative of the LIMITATIONS
President, Congress may extend the (a) Cannot be granted in cases of impeachment;
proclamation if the invasion or rebellion (b) Cannot be granted in violations of election laws
continues and public safety requires it; without favorable recommendations of the
✓ The Supreme Court may review, in an COMELEC;
appropriate proceeding filed by any citizen,
the sufficiency of the factual basis of the

30
(c) Can be granted only after conviction by final only natural or juridical persons can become party-
judgment (except amnesty); litigants, the resident marine mammals can be
(d) Cannot be granted in cases of legislative represented by the stewards of creation.
contempt or civil contempt;
(e) Cannot absolve convict of civil liability; Saguisag v. Ochoa, Jr., and – SCRA – (G.R. Nos.
(f) Cannot restore public offices forfeited. 212426 and 212444, 12 January 2016): EDCA is
not a treaty but only an Executive Agreement.
Risos-Vidal v. Commission on Elections, 747 SCRA Senate ratification is not necessary: The Senate
210 (2015): The grant of absolute pardon restores ratification of the Mutual Defense Treaty (“MDT”)
the person to his full civil and political rights. complies with the requirement of Section 25,
Article XVIIP9 of the 1987 Constitution that any
Effect of Absolute Pardon: A close scrutiny of the agreement allowing foreign military facilities in the
text of the pardon extended to former President Philippines, like the prepositioning of U.S. war
Estrada shows that both the principal penalty of materials, must be embodied in a treaty and
reclusion perpetua and its accessory penalties are ratified by two-thirds vote of the Senate. The treaty
included in the pardon. The first sentence refers to which covers the terms and conditions under EDCA
the executive clemency extended to former is the MDT which the Philippine Senate ratified by
President Estrada who was convicted by the two-thirds vote on 12 May 1952 and which the U.S.
Sandiganbayan of plunder and imposed a penalty of Senate earlier ratified on 20 March 1952.
reclusion perpetua. The latter is the principal
penalty pardoned which relieved him of To hold that the EDCA cannot take effect without
imprisonment. The sentence that followed, which Senate ratification is to render the MDT, the sole
states that "(h) e is hereby restored to his civil and mutual self-defense treaty, totally inutile to meet
political rights," expressly remitted the accessory the grave, even existentialist, national security
penalties that attached to the principal penalty of threat. (Carpio, J., concurring opinion)
reclusion perpetua. Hence, even if we apply
Articles 36 and 41 of the Revised Penal Code, it is 7. POWER RELATIVE TO APPROPRIATION MEASURES
indubitable from the text of the pardon that the Contracting and guaranteeing foreign loans
accessory penalties of civil interdiction and Requisites:
perpetual absolute disqualification were expressly (1) Concurrence of the monetary board [Art.
remitted together with the principal penalty of VII, Sec. 20]
reclusion perpetua. (2) Subject to limitations as may be provided
by law [Art.XII, Sec. 2]
In this jurisdiction, the right to seek public elective (3) Information on foreign loans obtained or
office is recognized by law as falling under the guaranteed shall be made available to the
whole gamut of civil and political rights. public [Art. XII, Sec.2]

A conditional pardon has no force until accepted by Republic Act 4860- Authorizes the President to
the condemned. The reason is obvious. The obtain foreign loans, or incur foreign indebtedness
condition may be less acceptable to him than the
original punishment, and may in fact be more Preparing and Submitting the Budget
onerous. He has a right to choose whether to accept Art. VII, Sec.22 The President shall submit to
or to reject it on the terms tendered. In this Congress within thirty days from the opening of
respect it differs from a commutation, which is a every regular session, as the basis of the general
mere reduction of the penalty, or from a pardon appropriations bill, a budget of expenditures and
which is its total remission. It is not altogether sources of financing, including receipts from
apparent that in the exercise of his constitutional existing and proposed revenue measures.
power to remit or decrease sentences by granting
pardons, committed to him by the Constitution, the Budget- the PLAN indicating:
President of the United States is not free to act (a) Expenditures of the government,
without the concurrence of the (b) Sources of financing, and
condemned. [Cabantag v. Wolfe, G.R. No. 3080 (c) Receipts from revenue-raising measures
(1906)]
Fixing of Tariff Rates [Art. VI, Sec.28]
6. DIPLOMATIC / TREATY-MAKING POWER (SECTION The Congress may, by law, authorize the President
21, ARTICLE VII) to fix (1) within specified imits, and (2) subject to
Resident Marine Mammals of the Protected such limitations and restrictions it may impose: (a)
Seascape Tañon Strait v. Reyes, 756 SCRA 513 Tariff rates; (b) Import and export quotas; (c)
(2015): power of the President to enter into Tonnage and wharfage dues; (d) Other duties or
Executive Agreements related to the financial or imposts within the framework of the national
technical assistance of mineral resources; while development programs of the Government.

31
 Emergency Powers vis-à-vis Commander-
8. DELEGATED POWERS in-Chief clause:
The President, under martial rule or in a (1) When the President acts under the
revolutionary government, may exercise delegated Commander-in-Chief clause, he acts under a
legislative powers [Art. VI, Sec 23(2)] constitutional grant of military power,
which may include the law-making power.
Congress may delegate legislative powers to the (2) When the President acts under the
president in times of war or in other national emergency power, he acts under a
emergency [Bernas, supra.] Congressional delegation of law-making
power.
9. VETO POWER
General Rule: All bills must be approved by Emergency Powers cease when
the President before they become law. (a) Upon being withdrawn by resolution of the
Congress; or
Exceptions: (b) If Congress fails to adopt such resolution,
(1) The veto of the President is overridden by upon the next voluntary adjournment of
2/3 vote of ALL the Members of the House Congress.
which it originated
(2) Bill lapses into law after 30 days because of The fact that Congress is able to meet in session
the inaction of the President; and uninterruptedly and adjourn of its own will prove
(3) The bill passed is the special law to elect that the emergency no longer exists to justify the
the President and Vice President. delegation. [Araneta v. Dinglasan (1949)]

It is true that the Constitution provides a The specific power to continue in force laws and
mechanism for overriding a veto. Said remedy, appropriations which would lapse or otherwise
however is available only when the presidential become inoperative is a limitation on the general
veto is based on policy or political considerations power to exercise such other powers as the
but not when the veto is claimed to be ultra vires. executive may deem necessary to enable the
In the latter ase, it becomes the duty of the Court government to fulfill its responsibilities and to
to draw the dividing line where the exercise of maintain and enforce its authority [Rodriguez v.
executive power ends and the bounds of legislative Gella (1953)]
jurisdiction begin. [PHILCONSA v. Enriquez (1994)]
Inconsistencies [BARLONGAY]
10. UNSTATED RESIDUAL POWER—NOT FOUND IN (1) The Constitution states that the emergency
THE CONSTITUTION powers shall cease upon the next
Residual powers are implied from the grant of adjournment of Congress unless sooner
executive power necessary for the President to withdrawn by resolution of Congress
comply with the Constitutional duties such as to (2) Cases tell us that emergency powers shall
safeguard and protect general welfare. [Marcos v. cease upon resumption of session
Manglapus (1988)]
13. OTHER POWERS:
President’s guiding principles in the exercise of (a) Borrowing power (Section 20, Article VII)
executive power: The President may contract or guarantee
1. Protection of the people foreign loans on behalf of the Republic with
2. Promotion of welfare the concurrence of the Monetary Board, subject to
3. Advancing national interest such limitations as may be provided by law.
The Monetary Board shall submit to the
11. EXECUTIVE PRIVILEGE Congress report on loans within 30 days from
See previous discussion on presidential privilege end of every quarter.

12. EMERGENCY POWERS [ART. VI, SEC. 23] (b) Budgetary power (Section 22, Article VII)
(1) In times of war or other national emergency, the Within 30 days from opening of every regular
Congress, may, by law, authorize the President, for session, President shall submit to Congress a
a limited period, and subject to such restrictions as budget of expenditures and sources of
it may prescribe, to exercise powers necessary and financing, including receipts from existing and
proper to carry out a declared national policy proposed revenue measures.

(2) Unless sooner withdrawin by resolution of the The Congress may not increase the
Congress, such powers shall cease upon the next appropriation recommended by the President.
adjournment thereof. However, its form, content, manner of
preparation of the budget shall be prescribed
by Congress.

32
 At 10 o’clock in the morning of the 3rd day after
(c) Informing power—State of the Nation the vacancy occurs, Congress shall convene without
Address (Section 23, Article VII & Sec. 15, need of a call, and within 7 days enact a law calling
Art VI) for a special election to elect a President and a VP
(d) Power to call special session (Section 15, to be held not earlier than 45 or later than 60 days
Article VI) from the time of such call. The bill shall be deemed
(e) Power to Reorganize the Office of the certified and shall become a law upon its approval
President (Administrative Code) on 3rd reading by Congress. The convening of the
(f) Power of Impoundment Congress cannot be suspended nor the special
Impoundment refers to the refusal of the election postponed. No special election shall be
President, for whatever reason, to spend called if the vacancy occurs within 18 months
funds made available by Congress. It is the before the date of the next presidential election.
failure to spend or obligate budget authority
of any type. 2. VACANCY DURING THE TERM
✓ Death, permanent disability, removal from
Proponents of impoundment have invoked at office, or resignation of the President: VP
least three (3) principal sources of the shall become the President
authority of the President.
✓ Authority to impound given to him either Estrada vs. Arroyo, G.R. No. 146738, March 2,
expressly or impliedly by Congress 2001, the SC declared that the resignation of
✓ The executive power drawn from the President Estrada could not be doubted as confirmed
President’s role as Commander-in-Chief by his leaving Malacañan Palace. In the press release
✓ Faithful Execution Clause containing his final statement –
(1) He acknowledged the oath-taking of the
(g) Power to Deport The power to deport respondent as President;
aliens is lodged in the President of the (2) He emphasized he was leaving the Palace for
Republic of the Philippines. As an act of state, the sake of peace and in order to begin the
it is vested in the Executive by virtue of his healing process (he did not say that he was
office, subject only to the regulations leaving due to any kind of disability and that he
prescribed in section 69 of the Revised was going to reassume the Presidency as soon as
Administrative Code or to such future the disability disappears);
legislation as may be promulgated on the (3) He expressed his gratitude to the people for
subject. (Tan Tong v. Deportation Board, G.R. the opportunity to serve them as President
No. L-17169) (without doubt referring to the past
opportunity);
(4) He assured that he will not shirk from any
C. RULES ON SUCCESION future challenge that may come in the same
service of the country;
1. VACANCY AT THE BEGINNING OF THE TERM (5) He called on his supporters to join him in
(1) Death or permanent disability of the promotion of a constructive national spirit of
President-elect: VP-elect shall become reconciliation and solidarity.
President
(2) President-elect fails to qualify: VP-elect The Court declared that the elements of a valid
shall act as President until the resignation are:
President-elect shall have qualified ✓ Intent to resign;
(3) President shall not have been chosen: VP- ✓ Act of relinquishment.
elect shall act as President until a President Both were present when P.Estrada left the Palace.
shall have been chosen and qualified.
(4) No President and VP chosen nor shall have 3. TEMPORARY DISABILITY
qualified, or both shall die or become When President transmits to the Senate President
permanently disabled: The President of the and the Speaker of the House his written
Senate, or in case of his disability, the declaration that he is unable to discharge the
Speaker of the House of Representatives, powers and duties of his office, such powers and
shall act as President until a President or a duties shall be discharged by the Vice-President as
VP shall have been chosen and qualified. In Acting President, until the President transmits to
the event of inability of the officials them a written declaration to the contrary
mentioned, Congress shall, by law, provide
for the manner in which one who is to act When a Majority of all the members of the Cabinet
as President shall be selected until a transmits to the Senate President and the Speaker
President or VP shall have qualified. their written declaration that the President is
unable to discharge the powers and duties of his
office, The VP shall immediately assume the

33
powers and duties of the office as Acting Sec 2, Art. VIII
President until the President transmits to the The Congress shall have the power to define,
Senate President and Speaker his written prescribe, and apportion the jurisdiction of the
declaration that no inability exists. various courts but may not deprive the Supreme
Court of its jurisdiction over cases enumerated
If after the President transmits his declaration of in Section 5 hereof
his ability to discharge his office and a majority of
No law shall be passed reorganizing the
members of the Cabinet transmit within 5 days to
Judiciary when it undermines the security of
the Senate President and Speaker their written
tenure of its Members
declaration that the President is unable to
discharge the powers and duties of his office,
Congress shall decide the issue. Congress shall Facial Challenge (Cruz v. DENR 135385)
convene, if not in session, within 48 hours. And if The only instance where a facial challenge to a
within 10 days from receipt of the last written statute is allowed is when it operates in the area of
declaration or if not, in session, within 12 days after freedom of expression. In such instance, the
it is required to assemble. Congress determines by a overbreadth doctrine permits a party to challenge
2/3 vote of both houses, voting SEPARATELY, that the validity of a statute even though as applied to
the President is unable to discharge the powers and him it is not unconstitutional but it might be if
duties of his office, the VP shall act as President, applied to others not before the Court whose
otherwise the President shall continue exercising activities are constitutionally protected.
the powers and duties of his office. Congress shall
Doctrine of Judicial Supremacy. The judiciary is
4. RESIGNATION vested with the power to annul the acts of either
may be written, oral, express, or implied, for as the legislative or the executive or of both when not
long as it is clear it must be given legal effect. conformable to fundamental law. [Association of
Small Landowners v. Secretary of Agrarian Reform,
5. VACANCY IN THE OFFICE OF THE VICE- G.R. No. 78742, July 14, 1989]
PRESIDENT
Whenever there is vacancy in the Office of the VP 2. JUDICIAL REVIEW
during the term for which he was elected, the ✓ power of courts to test the validity of executive
President shall nominate a VP from among the and legislative acts in light of their conformity
Members of the Senate and the HOR who shall with the Constitution
assume office upon confirmation by a majority vote ✓ the duty remains to assure that the supremacy
of all the Members of both Houses of the Congress, of the Constitution is upheld.
voting separately. (Section 9, Article VII)
WHO MAY EXERCISE THE POWER?
(1) Supreme Court to decide question on
Constitutionality
(2) Section 5(2) Article VIII implicitly recognizes the
JUDICIAL DEPARTMENT authority of lower courts to decide questions
involving constitutionality of laws, treaties,
A. CONCEPTS international agreements, etc.
1. JUDICIAL POWER (3) The Constitution vested the power of judicial
Section 1, Article VIII JUDICIAL POWER review not only to SC but also with the lower
The judicial power shall be vested in one SC and in courts.
such lower courts as may be established by law. Note: In doing so, notice to the Solicitor
General is mandatory to enable him to
Judicial power includes: decide whether or not his intervention in
(1) The duty of the courts of justice to settle actual the action is necessary.
controversies involving rights which are legally
demandable and enforceable (TRADITIONAL FUNCTIONS OF JUDICIAL REVIEW:
CONCEPT OF JUDICIAL POWER); and (1) Checking – whether or not there has been grave
(2) To determine whether or not there has been a abuse of discretion
grave abuse of discretion amounting to lack or (2) Legitimating - Rule on Double Negative—uses
excess of jurisdiction (GADALEJ) on the part of the term “not unconstitutional”; the court
any branch or instrumentality of the cannot declare a law constitutional because
Government. (EXPANDED POWER) it already enjoys a presumption of
constitutionality
Jurisdiction: The power to hear and decide cases. (3) Symbolic - educating the bar and bench and the
people on the extent of protection given by the
constitutional guarantees

34
REQUISITES FOR THE PROPER EXERCISE OF POWER Real Party in Interest – Party who stands to be
OF JUDICIAL REVIEW benefited or injured by the judgment in the
I. ACTUAL CASE OR CONTROVERSY suit or the party entitled to the avails of the
✓ must be definite, concrete, bearing upon the suit
legal relations of parties who are pitted
against each other due to their adverse When will a citizen be allowed to raise
legal interests. constitutional question:
✓ susceptible of judicial determination (a) He has personally suffered some
actual or threatened injury as a result of
OPERATIVE FACT DOCTRINE the allegedly illegal conduct of the
General Rule: The interpretation (or government – Direct Injury Test – interest
declaration) of unconstitutionality is means “material interest”
retroactive in that it applies from the law’s (b) Injury is fairly traceable to the
effectivity challenged action
(c) Injury is likely to be redressed by a
Exception: Subsequent declaration of favorable action.
unconstitutionality does not nullify all acts
exercised in line with [the law]. The past Liberal attitude of the SC to standing based on
cannot always be erased by a new judicial the ff requirements:
declaration. [Municipality of Malabang v. (a) Case involves constitutional issues
Benito (1969), citing Chicot County] (b) Taxpayers – there must be a claim of
illegal disbursement of public funds or
MOOT AND ACADEMIC ISSUES tax measure is unconstitutional
General Rule: Courts will not decide (c) Voters – there must be a showing of
questions that have become moot and obvious interest in the validity of election
academic. law in question.
(d) Concerned Citizens – issues raised are
Exception: Courts will still decide if: of transcendental importance which must
(a) There is a grave violation of the Constitution; be settled early
(b) The situation is of exceptional character and (e) Legislators – claim that the official
paramount public interest is involved; action complained of infringes their
(c) The constitutional issue raised requires prerogatives as legislators
formulation of controlling principles to guide
the bench, the bar and the public; and General rule: A party can question the validity
(d) The case is capable of repetition yet evading of a statute only if, as applied to him, it is
review. [David v. Macapagal-Arroyo (2006) unconstitutional.

Justiciable Question - a given right, legally Exceptions:

demandable and enforceable, an act or (1) Facial Challenge
omission violative of such right, and a remedy ✓ The statute is absolutely unconstitutional
granted by law for said breach of right under no circumstance. But the only time a
facial challenge to a statute is allowed is when
Political Questions - those questions which, it operates in the area of freedom of
under the constitution, are to be decided by expression.
the people in their sovereign capacity; or
in regard to which full discretionary (2) Overbreadth Doctrine
authority has been delegated to the ✓ Permits a party to challenge the validity
legislative or executive branches of of a statute even though as applied to him, it
government. is not unconstitutional, but it might be if
applied to others not before the Courts whose
II. THE CONSTITUTIONAL QUESTION MUST BE activities are constitutionally protected.
RAISED BY THE PROPER PARTY ✓ Invalidation of the statute “on its face”,
A proper party is one who has sustained or is rather than “as applied” is permitted in the
in imminent danger of sustaining an injury as interest of preventing a chilling effect on
a result of the act complained of. (LOCUS freedom of expression.
STANDI)
III. THE CONSTITUTIONAL QUESTION MUST BE
"Legal Standing"- personal and substantial RAISED AT THE EARLIEST OPPORTUNITY
interest in the case such that the party has Generally, the question must be raised in he
sustained or will sustain direct injury as a pleadings; however, in criminal cases, the
result of governmental act. question can be raised at any time at the
discretion of the court; in civil cases, the

35
 question can be raised at any stage of (9) The members of the SC may not be designated
the proceedings if necessary for the to any agency, performing quasi- judicial or
determination of the case itself; and in every administrative functions;
case, except where there is estoppel, it can (10) Salaries of judges may not be reduced; the
be raised at any stage if it involves the Judiciary enjoys fiscal autonomy;
jurisdiction of the court. (11) The SC alone may initiate Rules of Court;
(12) The SC alone may order temporary detail of
IV. THE DECISION ON THE CONSTITUTIONAL judges;
QUESTION MUST BE THE VERY LIS MOTA (13) The SC can appoint all officials and employees
✓ Court cannot recognize question of of the Judiciary.
constitutionality if the case can be dispensed (14) The judiciary shall enjoy fiscal autonomy.
of on some other grounds, such as application
of a statute or a general law.
✓ Every law has in its favor the presumption C. JUDICIAL RESTRAINT
of constitutionality The judiciary will not interfere with its co-equal
branches when:
EFFECTS OF DECLARATION OF ✓ There is no showing of grave abuse of
UNCONSTITUTIONALITY discretion
(1)Orthodox view – unconstitutional act is not ✓ The issue is a political question
a law, confers no act, imposes no duty,
affords no protection, creates no office and JUDICIAL PRIVILEGE
inoperative as if it had not been passed. Judicial privilege is a form of deliberative process
(2)Modern view – courts simply refuse to privilege because certain court records which are
recognize the law and determine the rights of considered pre-decisional and deliberative in
the parties as if the statute prior to its nature are protected and cannot be the subject of a
declaration of unconstitutionality may be subpoena.
recognized
Judicial Privilege is an exception to the general
PARTIAL UNCONSTITUTIONALITY rule of transparency as regards access to court
Requisites: records.
(1) Legislature must be willing to retain the
valid portions usually shown by the presence of Court deliberations are traditionally considered
a separability clause privileged communication.
(2) Valid portion can stand independently as a
law. POLITICAL QUESTION DOCTRINE
General Rule: The court will not take cognizance of
c.f: C. Judicial Restraint for more details the case

B. SAFEGUARDS OF JUDICIAL The term “political question” refers to: (1) matters
INDEPENDENCE to be exercised by the people in their primary
Constitutional Safeguards that guarantee political capacity; or (2) those specifically
independence of Judiciary: delegated to some other department or particular
(1) The SC is a constitutional body and may not be office of the government, with discretionary power
abolished by law; to act. It is concerned with issues dependent upon
(2) The members of the SC are removable only by the wisdom, not legality, of a particular measure.
impeachment; [Tañada v. Cuenco (1957)]
(3) The members of the judiciary are not subject to
confirmation by the CA GUIDELINES FOR DETERMINING WHEN A QUESTION
(4) The SC may not be deprived of minimum IS POLITICAL
original and appellate jurisdiction; appellate [Baker v. Carr (369 US 186)]:
jurisdiction may not be increased without its 1. There is a textually demonstrable
advice and concurrence; constitutional commitment of the issue to a
(5) The appellate jurisdiction of the SC may not be political department;
increased by law without its advice and
concurrence 2. Lack of judicially discoverable and
(6) The SC has administrative supervision over all manageable standards for resolving it;
inferior courts and personnel;
(7) The SC has the exclusive power to discipline 3. The impossibility of deciding without an
judges/justices of inferior courts; initial policy determination of a kind clearly
(8) The members of the Judiciary have security of for non-judicial discretion;
tenure;

36
 4. Impossibility of a court’s undertaking JUDICIAL AND BAR COUNCIL
independent resolution without expressing COMPOSITION
lack of the respect due coordinate branches of 1. Ex-Officio Chairman—Chief Justice of the
government; Supreme Court
2. Ex-Officio Members —Secretary of Justice
5. An unusual need for unquestioning 3. Secretary de Officio—Clerk of the Supreme Court
adherence to a political decision already
made; and APPOINTMENT
The President shall appoint regular members for a
6. Potential embarrassment from multifarious 4-year term with the consent of the Commission on
pronouncements by various departments on Appointments
one question.
POWERS AND FUCNTIONS:
D. APPOINTMENT TO THE JUDICIARY (1) Recommend appointees to the Judiciary;
Qualifications: Of proven Competence, Integrity, (2) Recommend appointees to the Office of the
Probity and Independence (CIPI) In addition: Ombudsman and his 5 Deputies;
Qualification (3) May exercise such other functions as may be
Position assigned by the Supreme Court.
Citizenship Age Others

SC justices E. SUPREME COURT

Composition: Chief Justice and 14 Associates
Congress may Justices
Natural-born 40 prescribe
other May sit:
CA Justices qualifications ✓ En Banc; or
✓ In its discretion, in divisions of 3, 5, or 7
members

Has been Any vacancy shall be filled within 90 days from

RTC Judges 35 engaged in occurrence thereof.
the practice
of law for at 1. CASES TO BE HEARD BY THE SC EN BANC:
least 5 years (a) Cases in which the constitutionality or
or has held validity of any treaty, international or
Citizen only executive agreement, law, executive
public office
MTC, MeTC, in the order, or presidential decree,
30 Philippines proclamation, order, instruction,
MCTC Judges
requiring ordinance, or regulation is in question;
admission to (b) Cases raising novel questions of law;
the practice (c) Cases affecting ambassadors, other public
of law ministers and consuls;
(d) Cases involving decisions, resolutions or
orders of the Civil Service Commission,
PROCEDURE FOR APPOINTMENT: Commission on Election, and Commission on
(1) Appointed by the President from among a Audit;
list of at least 3 nominees prepared by the (e) Cases where the penalty to be imposed is
Judicial and Bar Council (JBC) for every the dismissal of a judge, officer or
vacancy. employee of the judiciary, disbarment of a
(2) For lower courts, President shall issue the lawyer, or either the suspension of any of
appointment 90 days from submission of the them for a period of more than one (1) year
list. or a fine exceeding ten thousand pesos
(P10,000.00) or both;
TENURE OF JUSTICES AND JUDGES: (f) Cases where a doctrine or principle laid
(1) Supreme Court - Hold office until they reach down by the court en banc or in division
the age of 70 or become incapacitated to may be modified or reversed;
discharge their duties. They may be removed (g) Cases assigned to a division which in the
only through impeachment. opinion of at least three (3) members
(2) Lower Courts - Hold office during good behavior thereof merit the attention of the court en
until they reach the age of 70 or become banc and are acceptable to a majority of
incapacitated to discharge their duties. the actual membership of the court en
banc; and

37
 (h) All other cases as the court en banc by a decree, proclamation, order, instruction,
majority of its actual membership may ordinance, or regulation is in question;
deem of sufficient importance to merit its (b) All cases involving the legality of any tax
attention. impost, assessment, or toll, or any penalty
imposed in relation thereto;
2. JURISDICTION OF THE SUPREME COURT (c) All cases in which the jurisdiction of any
lower courts is in issue;
A. ORIGINAL JURISDICTION OF THE SUPREME (d) All criminal cases in which the penalty
COURT: imposed is reclusion perpetua or higher;
✓ Cases affecting ambassadors, other public and
ministers and consuls; (e) All cases in which only a question of law is
✓ Petition for certiorari involved.
✓ Petition for prohibition
✓ Petition for mandamus 3. PROCEDURAL RULE-MAKING POWER
✓ Petition for quo warranto Promulgates rules concerning:
✓ Petition for habeas corpus (a) Protection and enforcement of constitutional
rights;
Original Jurisdiction [Art. VIII, Sec. 5(2)] – on (b) Pleading, practice, and procedure in all courts;
appeal or certiorari (as the Rules of Court (c) Admissions to the practice of law;
provide), SC may review, revise, reverse, (d) IBP; and
modify, or affirm final judgments and orders of (e) Legal assistance to the underprivileged.
lower courts in:
✓ Cases involving the constitutionality or Limitations on rule-making power:
validity of any treaty, international or (a) Provide a simplified and inexpensive
executive agreement, law, presidential procedure for speedy disposition of cases;
decree, proclamation, order, instruction, (b) Uniform for all courts of the same grade;
ordinance, or regulation (c) Shall not diminish, increase or modify
✓ Cases involving the legality of any tax, substantive rights
impost, assessment, or toll, or any penalty
imposed in relation thereto 4. POWER OF ADMINISTRATIVE SUPERVISION
✓ Cases in which the jurisdiction of any SC shall have administrative supervision over all
lower court is in issue courts and personnel thereof.
✓ Criminal cases where the penalty imposed is
reclusion perpetua or higher. Administrative proceedings before the SC are
✓ Cases where only a question of law is confidential in nature in order to protect the
involved. respondent therein who may turn out
be innocent of the charges; it can take years to
PERIOD FOR DECIDING CASES build a reputation and only a single accusation,
[Art. VIII, Sec. 15(1)] although unfounded, to destroy it.3

Supreme Lower Collegiate Other Lower 5. OTHER POWERS

Court Courts Courts A. ELECTORAL TRIBUNAL FOR
12 months, unless 3 months, unless PRESIDENTIAL AND VICE-PRESIDENTIAL
24 months
reduced by the SC reduced by the SC CONTESTS
over all contests relating to the election,
ORIGINAL JURISDICTION return and qualification of the President or
(a) Over cases affecting ambassadors, other Vice- President.
public ministers and consuls;
(b) Over petition for Certiorari, Prohibition, B. TEMPORARY ASSIGNMENT OF JUDGES OF
mandamus, Quo Warranto, and Habeas LOWER COURTS TO OTHER STATIONS AS
Corpus PUBLIC INTEREST MAY REQUIRE
(c) Review of factual basis for the declaration Not to exceed 6 months without the consent
of martial law or suspension of the of the judge concerned.
privilege of writ of habeas corpus
C. ORDER CHANGE OF VENUE OR PLACE OF
B. APPELLATE JURISDICTION TRIAL, TO AVOID MISCARRIAGE OF JUSTICE
Over final judgments and orders of lower
courts in: D.. POWER OF APPOINTMENT
(a) All cases in which constitutionality or SC appoints all officials and employees of the
validity of any treaty international or Judiciary in accordance with Civil Service law.
executive agreement, law, presidential
3 Godinez vs. Alano, A.M. RTJ-98-1409, February 18, 1999

38
 C. POWERS, JURISDICTION, AND
E. YEARLY REPORT
Within 30 days from the opening of each FUNCTIONS OF EACH COMMISSION
regular session of Congress, SC shall submit to CIVIL SERVICE COMMISSION
the President and Congress an annual report
on the operation and activities of the (1) Chairman;
Judiciary. (Section 16, Art. VIII) Composition
(2) Commissioners
(1) Natural-born citizen;
(2) At least 35 years of age
at the time of
CONSTITUTIONAL COMMISSIONS appointment;
(3) With proven capacity
INDEPENDENT CONSTITUTIONAL COMMISSIONS: Qualifications for public
(1) Civil Service Commission [Art IX-B] administration; and
(2) Commission on Elections [Art. IX-C] (4) Not a candidate for any
(3) Commission on Audit [Art. IX-D] elective position in the
election immediately
preceding
A. SAFEGUARDS THAT GUARANTEE 7 years, without
Term
THE INDEPENDENCE OF THE reappointment
COMMISSIONS SCOPE OF THE CIVIL SERVICE
(1) They are constitutionally created; may not be Embraces all branches, subdivisions,
abolished by a statute; instrumentalities and agencies of the
(2) Each is conferred certain powers and functions Government, including government-owned
which cannot be reduced by statute; and controlled corporations with original
(3) Each expressly described as independent; charters [Section 2(1), Article IX-B]
(4) Chairmen and members are given fairly long
term of office for seven (7) years; CLASSES OF SERVICE
(5) Chairmen and members cannot be removed I. CAREER SERVICE
except by impeachment; characterized by:
(6) Chairmen and members may not be (a) Entrance based on merit and fitness to be
reappointed or appointed in an acting determined by competitive examination or
capacity; based on highly technical qualification;
(7) Salaries of chairmen and members are relatively
(b) Opportunity for advancement; and
high and may not be decreased during (c) Security of tenure.
continuance in office;
(8) Commissions enjoy fiscal autonomy; Kinds of Career Service:
(9) Each commission may promulgate its own ✓ Open Career Positions—prior qualification via
procedural rules; examination; Closed Career Positions—those
(10) Chairmen and members are subject to certain highly technical position;
disqualifications calculated to strengthen their ✓ Career Executive Service—Undersecretaries,
integrity; and Bureau Directors;
(11) Commissions may appoint their own officials and ✓ Career Officers—those appointed by the
employees in accordance with Civil Service Law. President like those in the Foreign Service;
✓ Commissioned Officers and enlisted men of the
B. PROHIBITED OFFICES AND INTERESTS AFP—governed by separate merit system;
No member of a Constitutional Commission ✓ Personnel of GOCCs — whether performing
shall, during his tenure: governmental or proprietary functions,
✓ Hold any other office or employment; with original charters; and
✓ Engage in the practice of any profession; ✓ Permanent laborers—whether skilled, semi-
✓ Engage in the active management and control of skilled, or unskilled.
any business which in any way may be affected
by the functions of his office; and II. ON-CAREER SERVICE
✓ Be financially interested, directly or indirectly, characterized by:
in other contract with, or in any franchise or (a) Entrance on bases other than those of the usual
privilege granted by the government, any of its tests of merits and fitness utilized for the career
subdivision, agencies or instrumentalities, service; and
including GOCCs or their subsidiaries. (b) Tenure which is limited to a period specified by
law, which is co-terminus with that of the
appointing authority or subject to his pleasure,

39
 or which is limited to the duration of a the practice of law for
particular project for which purpose at least ten (10) years
employment was made. 7 years, without
Term
reappointment
Kinds of Non-Career:
✓ Elective official and their personal or POWERS, FUNCTIONS, AND JURISDICTION:
confidential staff; (a) Enforce and administer law and regulations
✓ Department heads and other officials of relative to the conduct of elections, plebiscite,
Cabinet rank who hold positions at the initiative, referendum or recall;
pleasure of the President and their personal (b) Exclusive original jurisdiction over all contests
or confidential staff; relating to election, returns and qualifications
✓ Chairmen and members of commissions and of all elective regional, provincial, and city
boards with fixed terms of office and their officials;
personal or confidential staff; (c) Exclusive appellate jurisdiction over all contests
✓ Contractual personnel or those whose involving elective municipal officials decided by
employment in the government is in accordance the RTC, or involving elective barangay officials
with a special contract to undertake a specific by MTC;
work or job; and (d) Decide, except those involving right to vote, all
✓ Emergency and seasonal personnel. questions affecting elections, including the
determination of number and location of polling
Exceptions to the requirement of places, appointment of election officials and
Competitive Examinations: inspectors and registration of voters;
(1) Policy-determining Position — one charged with (e) Deputize, with concurrence of President, law
laying down of principal or fundamental enforcement agencies and instrumentalities for
guidelines or rules; exclusive purpose of insuring free, orderly,
(2) Primary Confidential Position — one denoting honest, peaceful and credible elections.
not only confidence in the aptitude of the (f) Register, after sufficient publication, political
appointee for the duties of the office but parties, organizations or coalitions which must
primarily close intimacy which ensures freedom present their platform or program
of intercourse without embarrassment or government; accredit citizen’s arms;
freedom from misgiving or betrayals of (g) File upon verified complaint or motu proprio
personal trust on confidential matters of petitions in court for inclusions or exclusions of
state, or one declared to be so by the voters; investigate and, where appropriate,
President upon recommendation of the Civil prosecute cases of violations of election laws;
Service Commission. (h) Recommend to Congress effective measures
(3) Highly Technical Position — requires the to minimize election spending, limitation of
appointee to possess technical skill or training places and prevent and penalize all forms
in the supreme or superior degree. of election frauds, offenses, malpractice and
nuisance candidates; and
(i) Submit to the President and Congress,
comprehensive reports on conduct of each
COMMISSION ON ELECTIONS election, plebiscite, initiative, referendum or
recall.
(1) 1 Chairman;
Composition
(2) 6 Commissioners COMMISSION ON AUDIT
(1) Natural-born citizen;
(2) At least 35 years of age (1) 1 Chairman;
at the time of Composition
(2) 2 Commissioners
appointment; (1) Natural-born citizen;
(3) With proven capacity (2) At least 35 years of age
for public at the time of
administration; and appointment;
(4) Not a candidate for any (3) CPA with at least
Qualifications
elective position in the ten (10) years
election immediately Qualifications auditing experience
preceding or members of the
(5) Majority, including the Philippine Bar with at
Chairman, must be least ten (10) years
members of the practice of law; at no
Philippine Bar who time shall all members
have been engaged in belong to the same

40
 position; and
(4) Not a candidate for any In resolving cases brought before it on appeal
elective position in the respondent COA is not required to limit its review
election immediately only to the grounds relied upon by a government
preceding agency’s auditor with respect to disallowing certain
7 years, without disbursements of public funds. Such would render
Term COA’s vital constitutional power unduly limited and
reappointment
thereby useless and ineffective. [Yap v. COA]
POWERS AND DUTIES [ART. IX-D, SEC. 2]:
(a) Examine, audit and settle all accounts Certiorari Jurisdiction of the Supreme Court
pertaining to revenue and receipts of, and The Court exercises extraordinary jurisdiction,
expenditures or uses of funds and property thus, the proceeding is limited oly to issues
owned or held in trust or pertaining to involving grave abuse of discretion resulting in lack
government; or excess of jurisdiction, and does not ordinarily
empower the Court to review the factual findings of
Post-audit basis [Art. IX-D, Sec.2]: the Commissions [Aratuc v. COMELEC (1999)]
1. Constitutional bodies, commissions and
offices; 2. RENDERED IN THE EXERCISE OF
ADMINISTRATIVE FUNCTIONS
2. Autonomous state colleges and universities;
3. GOCCs with no original charters and their • Each Commission shall appoint its
subsidiaries; own officials in accordance with
4. Non-governmental entities receiving subsidy law [Art. IX-A, Sec. 4]
or equity, directly or indirectly from or
• Each Commission En Banc may
through the Government, which are
promulgate its own rules
required by law or the granting institution
concerning pleadings and practices
to submit such audit as a condition of
before it [supra, Sec. 6]
subsidy or equity.
(b) Keep general accounts of government and • But these rules shall not diminish,
preserve vouchers and supporting papers; increase, or modify substantive
(c) Authority to define scope of its audit and rights.
examination, establish techniques and methods
required therefore; and
(d) Promulgate accounting and auditing rules and
regulations, including those for preservation and CITIZENSHIP
disallowance.
A. WHO ARE CITIZENS OF THE
D. REVIEW OF FINAL ORDERS, PHILIPPINES
RESOLUTIONS, AND DECISIONS a. Citizens of the Philippines at the time of
the adoption of this Constitution;
1. RENDERED IN THE EXERCISE OF QUASI-JUDICIAL b. Those whose fathers OR mothers are
FUNCTIONS citizens of the Philippines;
Art. IX-A, Sec. 7. Each Commission shall decide by a c. Those who elected to be citizens. This
majority of all its Members, any case or matter applies only to -
brought before it within sixty days from the date of • Those born before Jan 17, 1973 to
its submission for decision or resolution. A case or Filipino mothers; AND
matter is deemed submitted for decision or • Elect Philippine citizenship upon
resolution upon the filing of the last pleading, brief reaching the age of majority
, or memorandum required by the rules of the d. Those naturalized in accordance with law
Commission or by the Commission itself. Unless
otherwise provided by this Constitution or by law, As a matter of law, foundlings are as a class,
any decision, order, or ruling of each Commission natural-born citizens. While the 1935 Constitution's
may be brought to the Supreme Court on enumeration is silent as to foundlings, there is no
certiorari by the aggrieved party within thirty restrictive language which would definitely exclude
days from receipt of a copy thereof. foundlings either. No such intent or language
permits discrimination against foundlings. On the
Decisions contrary, all three Constitutions (1935, 1973, and
Each commission shall decide by a majority vote of 1987) guarantee the basic right to equal protection
all its membrs any case or matter brought before it of the laws. All exhort the State to render social
within 60 days from the date of its submission for justice. [Poe-Llamanzares v. COMELEC, G.R. No.
decision or resolution [Art IX-A, Sec. 7] 221697 (2016)]

41
 (1) Having honorably held office under the
B. PUBLIC OFFICERS WHO MUST BE Government of the Philippines or under that of
any of the provinces, cities, municipalities, or
NATURAL BORN CITIZENS political subdivisions thereof;
✓ President Art. VII, Sec. 2 (2) Established a new industry or introduced a
✓ Vice President useful invention in the Philippines;
✓ Members of Congress Art. VI, Sections 3 and 6 (3) Married to a Filipino woman;
✓ Justices of the Supreme Court and lower (4) Engaged as a teacher in the Philippines in a
collegiate courts, Art. VIII, Sec. 7(1) public or recognized private school not
✓ Ombudsman and his deputies, Art. XI, Sec. 8 established for the exclusive instruction of
✓ Members of the Constitutional Commission, children of persons of a particular nationality or
Art. IX, B, Sec. 1 (1); C, Sec. (1); and D, Sec. race, in any of the branches of education or
1(1) industry for a period of 2 years or more;
✓ Members of the Central Monetary Authority, (5) Born in the Philippines.
Art. XII, Sec. 20
✓ Members of Commission on Human Rights Art. DISQUALIFICATIONS FROM BEING NATURALIZED?
XIII, sec. 17 (2) [C.A. 473, Sec. 4]
✓ Former natural born citizens as transferees of (1) Persons opposed to organized government or
private lands, Art. XII affiliated with groups who uphold and teach
doctrines opposing all organized governments;
C. MODES OF ACQUIRING CITIZENSHIP (2) Persons defending or teaching the necessity or
1. BY BIRTH propriety of violence, personal assault, or
Jus soli - “right of soil”; person’s nationality assassination for the success of their ideas;
is based on the place of birth (3) Polygamists or believers in polygamy;
(4) Persons convicted of crimes involving moral
Jus sanguinis - “right of blood”; person’s turpitude;
nationality follows that of his/her natural (5) Persons suffering from mental alienation or
parents. This is the principle adhered to by incurable contagious diseases;
the Philippines. (6) Persons who during the period of their stay,
have not mingled socially with the Filipinos, or
2. BY NATURALIZATION who have not evinced a sincere desire to learn
Applicable Law: Commonwealth Act. 473 and embrace the customs, traditions, and ideals
of the Filipinos;
QUALIFICATIONS TO BE NATURALIZED (7) Citizens or subjects of nations with whom the
[C.A. 473, Sec. 2] Philippines is at war
(1) Not less than twenty-one years of age on the (8) Citizens or subjects of a foreign country other
day of the hearing of the petition; than the United States, whose laws do not grant
(2) Resided in the Philippines for a continuous Filipinos the right to become naturalized
period of 10 years or more; citizens or subject thereof.
(3) Of good moral character; believes in the
principles underlying the Philippine GROUDS FOR DENATURALIZATION, SEC. 18
Constitution; conducted himself in a proper and [C.A. 473, Sec. 18] – Upon the proper
irreproachable manner during the entire period motion of the Solicitor General or the
of his residence towards the government and provincial prosecutor, naturalization may be
community cancelled when:
(4) Must own real estate in the Philippines worth ✓ Naturalization certificate was fraudulently or
P5,000 or more OR must have lucrative trade, illegally obtained [See Po Soon Tek v. Republic,
profession, or lawful occupation; 60 SCRA 98 (1974)]
(5) Able to speak or write English or Spanish or ✓ If, within the five years next following the
anyone of the principal languages; issuance, he shall return to his native country or
(6) Enrolled his minor children of school age in any to some foreign country and establish his
of the recognized schools where Philippine permanent residence there
history, government and civics are taught or ✓ Remaining for more than one year in his native
prescribed as part of the school curriculum, country or the country of his former nationality,
during the entire period of the residence in the or two years in any other foreign country, shall
Philippines required of him. be considered as prima facie evidence of his
intention of taking up his permanent residence
WHEN IS THE 10-YEAR RESIDENCE REQUIREMENT in the same;
REDUCED TO 5 YEARS? (SPECIAL QUALIFICATIONS) ✓ Petition was made on an invalid declaration of
[C.A. 473, Sec. 3] – Any of the following will result intention;
to reduction of 10-year period to 5 years ✓ Minor children of the person naturalized failed
to graduate from the schools mentioned in sec.

42
 2, through the fault of their parents, either by especially those who are poor and with hardly the
neglecting to support them or by transferring means to sustain themselves. Hence, conviction of
them to another school or schools. said crime disqualifies a petitioner from
✓ If he has allowed himself to be used as a dummy naturalization as a Filipino citizen.
in violation of the Constitutional or legal
provision requiring Philippine citizenship as a D. DUAL CITIZENSHIP AND DUAL
requisite for the exercise, use or enjoyment of a
right, franchise or privilege. ALLEGIANCE:
R.A. No. 9139 – The Administrative Naturalization
Burden of Proof: The applicant must comply with Law of 2000
the jurisdictional requirements, establish his or her In Re: Vicente Ching, Bar Matter No. 914, 513 SCRA
possession of the qualifications and none of the 267: Philippine citizenship can never be treated like
disqualifications enumerated under the law, and a commodity that can be claimed when needed and
present at least two (2) character witnesses to suppressed when convenient. 20 One who is
support his allegations. [Go v. Republic of the privileged to elect Philippine citizenship has only an
Philippines, G.R. No. 202809 (2014)] inchoate right to such citizenship. As such, he should
avail of the right with fervor, enthusiasm and
Naturalization is never final and may be revoked if promptitude. Sadly, in this case, Ching slept on his
one commits acts of moral turpitude. [Republic v. opportunity to elect Philippine citizenship and, as a
Guy (1982)] result. this golden privilege slipped away from his
grasp.
Judgment directing the issuance of a certificate of
naturalization is a mere grant of a political privilege The Court, like the OSG, is sympathetic with the
and that neither estoppel nor res judicata may be plight of Ching. However, even if we consider the
invoked to bar the State from initiating an action for special circumstances in the life of Ching like his
the cancellation or nullification of the certificate of having lived in the Philippines all his life and his
naturalization thus issued. [Yao Mun Tek v. Republic consistent belief that he is a Filipino, controlling
(1971) statutes and jurisprudence constrain us to disagree
with the recommendation of the OSG. Consequently,
we hold that Ching failed to validly elect Philippine
Tak Ng v. Republic, G.R. L-13017, citizenship. The span of fourteen (14) years that
December 23, 1959: Good moral character lapsed from the time he reached the age of majority
is an essential requirement for one to be until he finally expressed his intention to elect
naturalized as a Filipino. The petitioner’s Philippine citizenship is clearly way beyond the
statement in his declaration of intention and contemplation of the requirement of electing "upon
in his petition for naturalization that he was reaching the age of majority." Moreover, Ching has
single and that he did not have any child at offered no reason why he delayed his election of
all, when in truth and in fact, he had then Philippine citizenship. The prescribed procedure in
already 3 children with Leonarda electing Philippine citizenship is certainly not a
Cabacungan, is a deliberate falsehood tedious and painstaking process. All that is required
amounting to perjury, as he concealed his of the elector is to execute an affidavit of election
true status under oath and, likewise, shows of Philippine citizenship and, thereafter, file the
petitioner’s wanton disregard for truth, same with the nearest civil registry. Ching's
hence, lack of good moral character unreasonable and unexplained delay in making his
disabling him from acquiring Philippine election cannot be simply glossed over.
citizenship.
R.A. No. 9225 – Citizenship Retention and
Conviction of a crime involving moral turpitude is Reacquisition Act of 2003 (Read Poe-Llamanzares v.
also a requirement to become a Filipino. "Moral COMELEC, supra)
turpitude" has been defined as an act of baseness,
vileness, or depravity in the private and social duties R. A. No. 9189 – Overseas Voting Law
which a man owes his fellow men, or to society in Nicolas- Lewis v. COMELEC 497 SCRA 649: There is
general, contrary to the accepted and customary no need to comply with one- year residency
rule of right and duty between man and man requirement under Sec. 1, Article V and
(Traders & General Ins. Co. v. Russell, Tex. Civ. congressional prerogative under Sec. 2, Article shall
App., 99 S.W. [2d] 1079) or conduct contrary to prevail. S. C. said: “As may be noted, there is no
justice, honesty, modesty, or good morals (Marah v. provision in the dual citizenship law - R.A. 9225 -
State Bar of California, 210 Cal. 303, 291 P. 583). requiring "duals" to actually establish residence and
physically stay in the Philippines first before they
Profiteering is an offense which involves moral can exercise their right to vote. On the contrary,
turpitude inasmuch as it affects the prices of prime R.A. 9225, in implicit acknowledgment that "duals"
commodities and goes to the life of the citizens,

43
are most likely non-residents, grants under its (6) Repatriation- results in the recovery of the
Section 5(1) the same right of suffrage as that original nationality
granted an absentee voter under R.A. 9189. It (7) Legislative Act
cannot be overemphasized that R.A. 9189 aims, in
essence, to enfranchise as much as possible all
overseas Filipinos who, save for the residency
requirements exacted of an ordinary voter under
ordinary conditions, are qualified to vote.”
NATIONAL ECONOMY AND
PATRIMONY
DUAL ALLEGIANCE (Sec. 5, Art IV)
The term “patrimony” pertains to heritage, and
- Where a person simultaneously owes, by some
given the history of the Manila Hotel, it has become
positive act, loyalty to 2 or more states;
a part of our national economy and patrimony. Thus,
- Not equivalent to dual citizenship;
the Filipino First policy provision of the
- Aliens who are naturalized as Filipinos but remain
Constitution is applicable. Such provision is per se
loyal to their country of origin;
enforceable, and requires no further guidelines or
- Public officers who, while serving the government,
implementing rules or laws for its operation. [Manila
seek citizenship in another country
Prince Hotel v. GSIS, (1990)
* disqualified from running for any elective
local position (Sec. 40d, Local Government
Goals:
Code)
✓ More equitable distribution of opportunities,
income, and wealth
DUAL CITIZENSHIP IN RE. DUAL ALLEGIANCE
✓ Sustained increase in amount of goods and
- Once a candidate files his candidacy, he is deemed
services produced by the nation for the benefit
to have renounced his forgiegn citizenship (Mercado
of the people
v. Manzano [1999])
✓ Expanding production as the key to raising the
- In dual citizenship, such is not an automatic
quality of life for all, especially the
disqualification. Filing of the Certificate of
underprivileged.
Candidacy is sufficient to renounce foreign
citizenship to the effect that one declares under
oath of maintenance, true faith and allegiance to A. REGALIAN DOCTRINE
the Constitution of the Philippines (Valles v. All lands of the public domain, waters, minerals,
COMELEC [2000]). coal, petroleum and other mineral oils, all forces of
potential energy, fisheries, forests or timber,
wildlife, flora and fauna and other natural resources
E. LOSS AND REACQUISITION OF are owned by the State (Sec. 2, Art. XII).
CITIZENSHIP
The State, being the owner of the natural resources,
Art. IV, Sec. 3, Sec. 2 – GROUNDS: is accorded the primary power and responsibility in
(1) Naturalization in a foreign country; the exploration, development and utilization
(2) Express renunciation or expatriation thereof. As such it may undertake these activities
(3) Taking an oath of allegiance to another country through four modes:
upon reaching the age of majority; (1) The State may directly undertake such
(4) Marriage by a Filipino woman to an alien, if by activities;
the laws of her husband’s country, she becomes (2) The State may enter into co-production, joint
a citizen thereof venture or production-sharing agreements with
(5) Accepting a commission and serving in the Filipino citizens or qualified corporations;
armed forces of another country, unless there is (3) Congress may, by law, allow small-scale
an offensive/ defensive pact with the country, utilization of natural resources by Filipino
or it maintains armed forces in RP with RP’s citizens; or
consent; (4) For the large-scale exploration, development
(6) Denaturalization; and utilization of minerals, petroleum and other
(7) Being found by final judgment to be a deserter mineral oils, the President may enter into
of the AFP agreements with foreign-owned corporations
involving technical or financial assistance. [La
REACQUISITION Bugal-B’Laan Tribal Assn. v. Ramos (Jan. 2004)]
(1) Naturalization
(2) 21 years of age LIMITS IMPOSED ON THE CONCEPT OF REGALIAN
(3) Be a resident for 6 months DOCTRINE UNDER SECTION 2, ARTICLE XII
(4) Have good moral character ✓ Only agricultural lands of the public domain may
(5) No disqualification be alienated.

44
✓ The exploration, development, and utilization of acquiring land (see Hulst v. PR Builders, G.R. No.
all natural resources shall be under the 156364, September 25, 2008).
supervision of the State either by directly
undertaking such exploration, development, and Public utility. A public utility is a utility corporation
utilization or through co-exploration, joint which renders service to the general public for
venture, or production-sharing agreements with compensation. Its essential feature is that its service
qualified persons or corporations. is not confined to privileged individuals but is open
✓ All agreements with the qualified private sector to an indefinite public. The public or private
maybe for only a period not exceeding twenty- character of a utility does not depend on the
five years, renewable for another twenty-five number of persons who avail of its services but on
years. whether or not it is open to serve all members of the
✓ The twenty-five year limit is not applicable to public who may require it (Iloilo Ice and Cold
water rights for irrigation, water supply, Storage Co. v. Public Utility Board, 44 Phil. 551)
fisheries, or industrial uses other than the
development of water power, for which B. FRANCHISES, AUTHORITY, AND
beneficial use may be the measure and the limit
of grant. CERTIFICATES FOR PUBLIC UTILITIES
✓ The use and enjoyment of the marine wealth of Franchise, certificate or any other form of
the archipelagic waters, territorial sea, and authorization for the operation of public utilities-
exclusive economic zone shall be reserved for ONLY to citizens of the Philippines or coporations at
Filipino citizens. least 60% of whose capital is Filipino-owned. [Art.
✓ Utilization of natural resources in rivers, lakes, VII, Sec 11]
bays, and lagoons may be allowed on a small
scale to Filipino citizens or cooperatives—with Congress does not have the exclusive power to issue
priority for subsistence fishermen and fish franchises. Administrative bodies may be empowered
workers4 by law to do so [Albano v. Reyes, 175 SCRA 264]

Classification of the land of the public domain: A public utility is a business or service engaged in
Lands of the public domain are classified into regularly supplying the public with some commodity
agricultural, forest or timber, mineral lands, and or service of public consequence. A joint venture
national parks. Agricultural lands of the public falls within the purview of an “association” pursuant
domain may be further classified according to the to Sec. 11, Art. XII and must comply with the 60%-
uses to which they may be devoted (Sec. 3, Art. XII). 40% Filipino-foreign capitalization requirement. [JG
Summit Holdings v. CA (2001)
Rules on the disposition of agricultural lands of
the public domain What “capital” is covered- the 60% requirement
✓ Private corporations or associations may not applies to both the voting control and the beneficial
acquire alienable lands of the public domain. ownership of the public utility. Therefore, it shall
✓ Qualified individuals (Filipinos) may acquire a apply uniformly, separately, and across the board to
maximum of 12 hectares of alienable lands of all classes of shares, regardless of nomenclature or
public domain by purchase, homestead or grant. category, comprising the capital of the corporation.
✓ Private corporations may hold alienable lands of (e.g. 60% of common stock, 60% of preferred voting
the public domain by lease up to a maximum of stock, and 60% of preferred non-voting stock.)
1,000 hectares and for a period of twenty-five [Gamboa v. Teves, G.R. No. 176579, October 9,
years renewable for another twenty-five years. 2012]
✓ Qualified individuals (Filipinos) may lease land
of the public domains up to a maximum of 500 State polices on monopolies and restraint of trade.
hectares (Sec. 3, Art. XII). The State shall regulate or prohibit monopolies when
the public interest so requires. No combinations in
Transfer of private lands to aliens: Save in cases restraint of trade or unfair competition shall be
of hereditary succession, no private lands shall be allowed (sec. 19, Art. XII).
transferred or conveyed except to individuals,
corporations, or associations qualified to acquire or State policy on the ownership of educational
hold lands of the public domain. (Sec. 7, Art. XII) institutions. Educational institutions, other than
those established by religious groups and mission
Prohibition does not apply to ownership of other boards, shall be owned solely by citizens of the
real property. A foreigner may own a condominium Philippines or corporations or associations at least
unit because the prohibition on aliens is only from sixty per centum of the capital of which is owned by
such citizens. The Congress may, however, require
increased Filipino equity participation in all
4 Bernas, The 1987 Philippine Constitution: A Complimentary educational institutions. The control and
Reviewer, p. 461.

45
administration of educational institutions shall be disposition or utilization of other natural resources
vested in citizens of the Philippines (Sec. 4[2], Art. including lands of the public domain under lease or
XIV) concession suitable to agriculture, subject to prior
rights, homestead rights of small settlers, and the
C. PRACTICE OF PROFESSION rights of indigenous communities to their ancestral
lands.
The practice of all professions in the Philippines
shall be limited to Filipino citizens, save in cases
prescribed by law. (Art. XII, Sec. 14)
SOCIAL JUSTICE AND HUMAN
D. MONOPOLIES, RESTRAINT OF RIGHTS
TRADE AND UNFAIR COMPETITION
Monopolies: Although the Constitution enshrines A. CONCEPT
free enterprise as a policy, it nevertheless reserves Social justice is “neither communism, nor
to the Government the power to intervene whenever despotism, nor atomism, nor anarchy,” but the
necessary for the promotion of the general welfare humanization of laws and the equalization of social
(Philippine Coconut Desiccators v. PCA (1998)) and economic forces by the State so that justice in
its rational and objectively secular conception
Monopolies are not per se prohibited by the may at least be approximated. Social justice means
Constitution but may be permitted to exist to aid the the promotion of the welfare of all the people, the
government in carrying on an enterprise or to aid in adoption by the Government of measures calculated
the performance of various services and functions in to insure economic stability of all the competent
the interest of the public. Nonetheless, a elements of society, through the maintenance of a
determination must first be made as to whether proper economic and social equilibrium in the
public interest requires a monopoly. (Agan, Jr. v. interrelations of the members of the community,
PIATCO (2003)) constitutionally, through the adoption of measures
legally justifiable, or extra-constitutionally, through
CENTRAL MONETARY AUTHORITY the exercise of powers underlying the existence of
Functions: all governments on the time-honored principles of
(1) Provide policy directions in the areas of money, salus populi est suprema lex. (Calalang v. Williams)
banking and credit;
(2) Supervise the operation of banks; B. COMMISSION ON HUMAN RIGHTS -
(3) Exercise such regulatory powers as may be
provided by law over the operations of finance
POWERS AND FUNCTIONS:
(1) Investigate, o its own or on complaint by any
companies and other institutions performing
party, all forms of human rights violations
similar functions
involving civil and political rights;
(2) Adopt its operational guidelines and rules and
Qualifications of the Governors:
rules of procedure, and cite for contempt for
(1) Natural-born Filipino;
violations thereof in accordance with the Rules
(2) Known probity, integrity and patriotism;
of Court;
(3) Majority shall come from the private sector
(3) Provide appropriate legal measures for the
protection of human rights of all persons within
ORGANIZATION AND REGULATION OF
the Philippines, as well as Filipinos residing
CORPORATIONS, PRIVATE AND PUBLIC
abroad, and provide for preventive measures
and legal aid services to the under-privileged
Art. XII, Sec. 6. The use of property bears a social
whose human rights have been violated or need
function, and all economic agents shall contribute
protection
to the common good.
(4) Exercise visitorial powers over jails, prisons, or
detention facilities
Individuals and private groups, including
(5) Establish a continuing program of research,
corporations, cooperatives, and similar collective
education, and information to enhance respect
organizations, shall have the right to own,
for the primacy of human rights;
establish, and operate economic enterprises,
(6) Recommend to Congress effective measures to
subject to the duty of the State to promote
promote human rights and to provide for
distributive justice and to intervene when the
compensation to victims of violations of human
common good so demands.
rights, or their families
(7) Monitor the Philippine Government’s compliance
Article XIII, Sec. 6. The state shall apply the
with international treaty obligations on human
principles of agrarian reform or stewardship,
rights
whenever applicable in accordance with law, in the

46
(8) Grant immunity from prosecution to any person
whose testimony or whose possession of
EDUCATION, SCIENCE,
documents or other evidence is necessary or TECHNOLOGY, ARTS, CULTURE,
convenient to determine the truth in any
investigation conducted by it or under its
AND SPORTS
authority; ART. XIV:
(9) Request the assistance of any department, Section 1. The State shall protect and promote the
bureau, office, or agency in the performance of right of all citizens to quality education at all levels,
its functions and shall take appropriate steps to make such
(10) Appoint its officers and employees in education accessible to all.
accordance with law; and
(11) Perform such other duties and functions as may Section 2. The State shall:
be provided by law (1) Establish, maintain, and support a complete,
adequate, and integrated system of education
The most that may be conceded to the relevant to the needs of the people and society;
Commission in the way of adjudicative power is that
it may investigate, i.e., receive evidence and make (2) Establish and maintain a system of free
findings of fact as regards claimed human rights public education in the elementary and high
violations involving civil and political rights. But fact school levels. Without limiting the natural right
finding is not adjudication, and cannot be likened to of parents to rear their children, elementary
the judicial function of a court of justice, or even a education is compulsory for all children of
quasi-judicial agency or official. To be considered school age;
such, the faculty of receiving evidence and making
factual conclusions in a controversy must be (3) Establish and maintain a system of
accompanied by the authority of applying the law to scholarship grants, student loan programs,
those factual conclusions to the end that the subsidies, and other incentives which shall be
controversy may be decided or determined available to deserving students in both public
authoritatively, finally and definitively, subject to and private schools, especially to the
such appeals or modes of review as may be provided underprivileged;
by law. [Carino v. CHR, G.R. No. 96681, December 2, (4) Encourage non-formal, informal, and
1991] indigenous learning systems, as well as self-
learning, independent, and out-of-school study
C. AGRARIAN REFORM programs particularly those that respond to
The basic law allows two (2) modes of land community needs; and
distribution: direct and indirect ownership. Direct
transfer to individual farmers is the most commonly (5) Provide adult citizens, the disabled, and out-
used method by DAR and widely accepted. Indirect of-school youth with training in civics,
transfer through collective ownership of the vocational efficiency, and other skills.
agricultural land is the alternative to direct
ownership of agricultural land by individual farmers. A. ACADEMIC FREEDOM
Four essential freedoms of a university:
Sec. 4 EXPRESSLY authorizes collective
ownership by farmers. No language can be found in (1) Who may teach;
the 1987 Constitution that disqualifies or prohibits (2) What may be taught;
corporations or cooperatives of farmers from being (3) How it will be taught; and
the legal entity through which collective ownership (4) Who may be admitted to study
can be exercised.
The right to discipline the student likewise
The word collective is defined as indicating a finds basis in the freedom “what to teach”. Indeed,
number of persons or things considered as while it is categorically stated under the Education
constituting one group or aggregate, while Act of 1982 that students have a right “to freely
collectively is defined as in a collective sense or choose their field of study, subject to existing
manner; in a mass or body. By using the word curricula and to continue their course therein up to
collectively, the Constitution allows for indirect graduation,” such right is subject to the established
ownership of land and not just outright agricultural academic and disciplinary standards laid down by
land transfer. This is in recognition of the fact that the academic institution (DLSU Inc., v. CA, G.R. No.
land reform may become successful even if it is done 127980, December 19, 2007)
through the medium of juridical entities composed
of farmers. [Hacienda Luisita Inc. v. PARC (2011)] Due process in disciplinary cases involving
students does not entail proceedings and hearings
similar to those prescribed for actions and

47
proceedings in courts of justice. Such proceedings
may be summary and cross-examination is not even
an essential part thereof. Accordingly, the minimum
standards laid down by the Court to meet the
demands of procedural due process are: (1) the
students must be informed in writing of the nature
and cause of any accusation against them; (2) they
shall have the right to answer the charges against
them, with the assistance of counsel, if desired: (3)
they shall be informed of the evidence against them;
(4) they shall have the right to adduce evidence in
their own behalf and (5) the evidence must be duly
considered by the investigating committee or official
designated by the school authorities to hear and
decide the case. (PSBA v. Alcuaz, G.R. No. 76353,
May 1988)

48