Constitutional Law 1  As to the manner of making

changes

Political Law Rigid- not easily amended, only by a

-Branch of Public law – study of law that formal and thorough process
defines the relationship between the state
Flexible- can be changed by ordinary law
and other state as well as its inhabitants
*The Philippine Constitution- As to form it
Constitutional Law
is written, as to enactment it is
-the study that treats the nature of
Conventional and as to manner it is Rigid
constitutions, their establishment,
construction and interpretation of the Qualities of a Good Constitution
provision of the constitution  Broad – must be comprehensive
enough to cover contingency
Constitution
-Comprehensive in such a way that it
-The body of rules and maxims in
should reflect the past, cover the
accordance with which the powers of the
present and anticipate the future
sovereignty are habitually excercised
 Brief- stipulations in the constitution
-Law that dictates and regulates the manner must be basic
in which government is organized and  Definite- provisions must be clear
powers are excercised
Parts of a Good Constitution
Classification of Constitution  Constitution of Liberty
 As to form -Series of prescription setting forth
the fundamental civil and political
Written- The body of rules in a set of
rights of the citizens and imposing
document (no single document)
limitations on the powers of
Unwritten- Consist of rules which have government as a mean of securing
not been integrated into a single, the enjoyment of those rights
concrete form but are scattered in (Articles II, III, IV, V and XII)
various sources  Constitution of Government
- Consist of series provisions outlining
 As to enactment
the organization of the
Conventional- enactment has a common government,enumerating its powers,
agreement on a certain date and time laying down certain rules relative to
its administration and defining the
Cumulative- result of a political
electorate
revolution , not inaugurated at any
 Constitution of Sovereignty
specific time but changing by accretion
- Constitution of provisions pointing
rather than by any systematic method
out the mode or procedure in
accordance with which formal
 changes in the fundamental law may interpreted accordingly
be brought about

Interpretation or Construction of the

Constitution
Ruling:
The court rules that in interpreting the
FRANCISCO V HOUSE OF constitution, the following are to be
REPRESENTATIVE, considered:
GR NO.160261 Verba legis- that is, wherever possible, the
Facts: On June 2, 2003, an impeachment words used in the Constitution must be
complaint (1st impeachment complaint) was given their ordinary meaning except where
filed by former President Estrada against technical terms are employed. We look to
Chief Justice Hilario Davide, Jr. and 7 the language of the document itself in our
Associate Justices for “culpable violation of search for its meaning.
the Constitution, betrayal of public trust and
other high crimes” Where there is ambiguity-
Ratio legis est anima- The words of the
On October 23, 2003, a day after the House Constitution should be interpreted in
Committee on Justice voted to dismiss the accordance with the intent of its framers.
complaint or 4 months and 3 weeks since
the filing thereof, a 2nd impeachment Ut magis valeat quam pereat- The
complaint was filed with the House’s Constitution is to be interpreted as a whole.
Secretary General by Representatives It is a well-established rule in constitutional
Teodoro, Jr. and Funtabella against Chief construction that no one provision of the
Justice Hilario Davide. Constitution is to be separated from all the
others
The 2nd impeachment complaint was
accompanied by a “Resolution of The word "initiate" as it twice appears in
Endorsement/ Impeachment” signed by at Article XI (3) and (5) of the Constitution
least 1/3 of all the Members of the House of means to file the complaint and take initial
Representatives. action on it."Initiate" of course is
understood by ordinary men to mean, as
dictionaries do: to begin, to commence, or
Due to the events that took place, mostly set going.
contending that the filing of the 2nd
impeachment complaint is unconstitutional Therefore, considering that the first
as it violates Article XI Section 5 of the impeachment complaint, was filed by former
Constitution that “no impeachment President Estrada against Chief Justice
proceedings shall be INITIATED against the Hilario Davide, Jr., on June 2, 2003 and
same official more than once within a period referred to the House Committee on Justice
of one year”; and that sections 16 and 17 of on August 5, 2003, the second impeachment
Rule V of the Rules of Procedure in complaint filed by Representatives Teodoro,
Impeachment Proceedings of the 12th Jr. and Fuentebella against the Chief Justice
Congress are unconstitutional. on October 23, 2003 violates the
constitutional prohibition against the
Issue: Whether or not Article XI is initiation of impeachment proceedings
against the same impeachable officer within
a one-year period. should bear in mind the object sought to be
accomplished by its adoption and the evils if
any sought to be prevented or remedied. A
doubtful provision will be examined in the
light of the history of the times and the
condition and circumstances under which
CIVIL LIBERTIES UNION V EXECUTIVE the Constitution was framed.
SECRETARY
Facts: (Former) President Corazon Aquino Moreover, wherever the language used in
issued Executive Order No. 284, allowing the constitution is prohibitory, it is to be
appointive officials of the Executive understood as intended to be a positive and
Department (members of the Cabinet, their unequivocal negation. The phrase "unless
undersecretaries and assistant secretaries) otherwise provided in this Constitution"
to hold, in addition to his primary position, must be given a literal interpretation to refer
not more than two positions in the only to those particular instances cited in
government and government corporations the Constitution itself.
and receive the corresponding
compensation therefor.

MANILA PRINCE HOTEL V GSIS

The constitutionality of Executive Order No. Facts: The controversy arose when
284 is being challenged by petitioners on the Government Service Insurance System
principal submission that it adds exceptions (GSIS), pursuant to the privatization program
to Section 13, Article VII other than those of the Philippine Government under
provided in the Constitution. Proclamation No. 50, decided to sell through
public bidding 30% to 51% of the issued and
Issue: Whether or not Article VII of the outstanding shares of Manila Hotel
Constitution shall construe EO 284 Corporation (MHC). In a close bidding, only
two bidders participated: Manila Prince
Ruling: Hotel Corporation, a Filipino corporation,
which offered to buy 51% of the MHC at
The qualifying phrase "unless otherwise P41.58 per share, and Renong Berhad, a
provided in this Constitution" in Section 13, Malaysian firm, with ITT-Sheraton as its
Article VII cannot possible refer to the broad hotel operator, which bid for the same
exceptions provided under Section 7, Article number of shares at P44.00 per share, or
IX-B of the 1987 Constitution. To construe P2.42 more than the bid of petitioner.
said qualifying phrase as such would render Where, the Malaysian firm won the bidding.
nugatory and meaningless the manifest Prior to the finality of the bidding, MPH
intent and purpose of the framers of the equated the bid of the foreign firm , which
Constitution to impose a stricter prohibition was denied.
on the President, Vice-President, Members
of the Cabinet, their deputies and assistants Manila Prince invokes Sec. 10, second
with respect to holding other offices or paragraph, Art. XII, of the 1987 Constitution
employment in the government during their and submits that the Manila Hotel has been
tenure. identified with the Filipino nation and has
practically become a historical monument of
The Court in construing a constitution Philippine heritage and culture. it has
become a part of the national patrimony. implementing laws or rules for its
Petitioner also argues that since 51% of the enforcement. Thus, it is a self-executing
shares of the MHC carries with it the provision.
ownership of the business of the hotel
which is owned by GSIS, a government-
owned and controlled corporation, the hotel
business of GSIS being a part of the tourism
industry is unquestionably a part of the
national economy.
PAMATONG V COMELEC
Issue: Whether or not Article XII is a self-
Facts: Rev. Elly Velez Pamatong (petitioner)
executing provision
filed his Certificate of Candidacy for
President for the 2004 elections. The
Ruling:
Commission on Elections (COMELEC) refused
A constitutional provision is self-executing if
to give due course to petitioner's Certificate
the nature and extent of the right conferred
of Candidacy in its Resolution No. 6558 .
and the liability imposed are fixed by the
constitution itself, so that they can be
The COMELEC denied petitioner's Motion for
determined by an examination and
Reconsideration. The COMELEC declared
construction of its terms, and there is no
petitioner and thirty-five (35) others
language indicating that the subject is
nuisance candidates who could not wage a
referred to the legislature for action.
nationwide campaign and/or are not
nominated by a political party or are not
A provision which lays down a general
supported by a registered political party
principle, such as those found in Art. II of the
with a national constituency.
1987 Constitution is usually not self-
executing. But a provision which is complete
Petitioner filed the present Petition For Writ
in itself and becomes operative without the
of Certiorari. Petitioner alleged that
aid of supplementary or enabling legislation,
COMELEC resolutions were rendered in
or that which supplies sufficient rule by
violation of his right to "equal access to
means of which the right it grants may be
opportunities for public service" under
enjoyed or protected, is self-executing.
Section 26, Article II of the 1987 Constitution
by limiting the number of qualified
Unless it is expressly provided that a
candidates only to those who can afford to
legislative act is necessary to enforce a
wage a nationwide campaign and/or are
constitutional mandate, the presumption
nominated by political parties.
now is that all provisions of the constitution
Issue: Whether or not the equal access to
are self- executing.
opportunity provision is self-executory
A constitutional provision may be self-
Ruling:
executing in one part and non-self-executing
The "equal access" provision is a subsumed
in another.
part of Article II of the Constitution, entitled
"Declaration of Principles and State
Sec. 10, second par., Art. XII of the 1987
Policies." The provisions under the Article
Constitution is a mandatory, positive
are generally considered not self-
command which is complete in itself and
executing,and there is no plausible reason
which needs no further guidelines or
for according a different treatment to the
"equal access" provision. Like the rest of the ecology is a right and is self-executory
policies enumerated in Article II, the
provision does not contain any judicially Ruling:
enforceable constitutional right but merely The right to a balanced and healthful
specifies a guideline for legislative or ecology is a specific fundamental legal right.
executive action. Under its mandate and by virtue of its
powers and functions under E.O. No. 192
It is difficult to interpret the clause as and the Administrative Code of 1987, the
operative in the absence of legislation since DENR has a duty to protect and advance the
its effective means and reach are not right to a balanced and healthful ecology.
properly defined. Broadly written, the Under the constitution, said right for healthy
myriad of claims that can be subsumed ecology is self-executory and does not need
under this rubric appear to be entirely open- implementing laws from the legislation.
ended. Words and phrases such as "equal
access," "opportunities," and "public
service" are susceptible to countless
interpretations owing to their inherent Doctrine of Constitutional Supremacy
impreciseness. Certainly, it was not the - The constitution is the basic and
intention of the framers to inflict on the paramount law to which other law
people an operative but amorphous
must conform
foundation from which innately
unenforceable rights may be sourced. CHAVEZ V JUDICIAL AND BAR COUNCIL
Facts: From the moment of the creation of
the JBC, Congress designated one (1)
representative to sit in the JBC to act as one
OPPOSA V FACTORAN of the ex-officio members.Pursuant to the
Facts: The petition stems from a civil case constitutional provision that Congress is
instituted by minors duly represented and entitled to one (1) representative, each
joined by their respective parents against House sent a representative to the JBC, not
Fulgencio S. Factoran, the then Secretary of together, but alternately or by rotation.
the Department of Environment and Natural
Resources (DENR). The petitioners also aver In 1994, the seven-member composition of
that they represent their generation and the JBC was substantially altered. An eighth
generations yet born. In the said civil case, member was added to the JBC as the two (2)
the petitioners sought to have all existing representatives from Congress began sitting
timber license agreements (TLAs) cancelled simultaneously in the JBC, with each having
and for the DENR Secretary to cease and one-half (1/2) of a vote.
desist from approving new TLAs. A motion
to dismiss was granted finding that (1) the In 2001, the JBC En Banc decided to allow
complaint states no cause of action; (2) the the representatives from the Senate and the
complaint raises a political question; and (3) House of Representatives one full vote
granting the reliefs prayed for would result each.It has been the situation since then.
to an impairment of contracts. The
petitioner filed a special civil action for Issue: Whether or not the decision of the
certiorari under Rule 65 asking the Court to Congress for full votes of each
set aside the judgment. representative is constitutional

Issue: Whether or not the right for healthy

Ruling: 2) Constitutional Convention
In the interpretation of the constitutional
provisions, the Court firmly relies on the Section 2: Amendments of this
basic postulate that the Framers mean what constitution may likewise be directly
they say. The language used in the proposed by the people through
Constitution must be taken to have been initiative upon 12 percent of the total
deliberately chosen for a definite purpose.
number of registered voters , of which
What the Constitution clearly says,
according to its text, compels acceptance there must be 3% representative from
and bars modification even by the branch each legislative district .
tasked to interpret it.
Section 3: The Congress may by a vote
For this reason, the Court cannot accede to of 2/3 of all its members call a
the argument of plain oversight in order to constitutional convention or by a
justify constitutional construction. As stated majority of its members submit to the
in the July 17, 2012 Decision, in opting to use electorate the question of such calling a
the singular letter “a” to describe
convention.
“representative of Congress,” the Filipino
people through the Framers intended that b) Ratification
Congress be entitled to only one (1) seat in
the JBC as stated in the Article VIII of the Sec 4: Any amendment to or revision of
1987 Constitution. Had the intention been this constitution under Section 1 hereof
otherwise, the Constitution could have, in shall be valid when ratified by a majority
no uncertain terms, so provided, as can be
read in its other provisions.
of votes cast in a plebiscite.

Lambino V COMELEC
Facts: Groups of individuals including Atty.
Raul Lambino (Lambino Group) gathered
signatures for an initiative petition to change
Amendments and Revisions in the
the 1987 Constitution. The proposed
Constitution changes under the initiative petition will
- Two steps are involved in the shift the present Bicameral-Presidential
amendment or revision of our system to a Unicameral-Parliamentary form
Constitution of government.
a) Proposal
The Lambino Group alleged that the 6.3
- Is made either directly by the
Million signatures gathered constituted at
Congress or by the Constitutional least 12 percent of all registered voters, with
Convention each legislative district represented by at
least 3percent of its registered voters.
Pertinent Rules are :
Section 1 : Any amendment to or The Lambino Group filed a petition with the
COMELEC to hold a plebiscite that will ratify
revision of this Constitution may be
their initiative petition under Republic Act
proposed by: No. 6735 or the Initiative and Referendum
Act. The COMELEC denied the Lambino
1) The Congress by a vote of ¾ of its
petition and invoked the ruling in Santiago v.
members
Comelec declaring RA 6735 inadequate to Doctrine of Proper Submission. That in order
implement the initiative clause on proposals for an amendment to happen, the petition
to amend the Constitution. must confer with the provisions of the
Issue: Whether or not the petition for constitution.
amendment is valid or not

Ruling:
The Lambino Group's initiative is void and
unconstitutional because it fails to comply
with the requirement of Section 2, Article
XVII of the Constitution that the initiative
must be "directly proposed by the people
through initiative upon a petition."

Two essential elements must be present.

First, the people must author and thus sign
the entire proposal. No agent or
representative can sign on their behalf.
Second, the proposal must be embodied in a
petition.

Section 2, Article XVII of the Constitution

does not expressly state that the petition
must set forth the full text of the proposed
amendments. However, the deliberations
clearly show that the framers of the
Constitution intended to adopt the relevant
American jurisprudence on people's
initiative where the requirement is that the
people must first see the full text of the
proposed amendments before they sign to
signify their assent. This is so that registered
voters can intelligently evaluate whether to
sign the initiative petition.

The Lambino Group merely submitted a copy

of the signature sheet. The signature sheet
does not show to the people the draft of the
proposed changes before they are asked to
sign the signature sheet. The signature
sheets do not also contain any indication
that the draft petition is attached to, or
circulated with, the signature sheets. The
signature sheet is not the 'petition'
envisioned in the initiative clause of the
Constitution.
Note: The case at bar also shows the
 Issue: Whether or not Emilio Osmena is
a Filipino Citizen provided by the
Constitution

Ruling:
In the instant case, private respondent
vehemently denies having taken the
Article IV: Citizenship oath of allegiance of the United
States.He is a holder of a valid and
subsisting Philippine passport and has
Section 1: The Following are Citizens of the continuously participated in the electoral
Philippines process in this country since 1963 up to
the present, both as a voter and as a
1. Those who are citizens of the candidate. Thus, private respondent
Philippines at the time of the remains a Filipino and the loss of his
adoption of this Constitution Philippine citizenship cannot be
2. Those whose fathers or mothers are presumed.
citizens of the Philippines
3. Those born before January 17,1973, Considering the fact that admittedly
of Filipino mothers, who elect Osmeña was both a Filipino and an
Philippine Citizenship upon reaching American, the mere fact that he has a
Certificate stating he is an American
the age of maturity, and
does not mean that he is not still a
4. Those who are naturalized in the
Filipino. Indeed, there is no express
accordance with law
renunciation here of Philippine
Aznar v Comelec citizenship; truth to tell, there is even no
Facts: Emilio Osmena runs for Provincial implied renunciation of said citizenship.
Governor of Cebu. Petitioner , Jose Note: “Citizenship must be truly
Aznar, files a petition for disqualification expressed”
against Osmena in reason that Osmena
is an American Citizen and as proof, he is
Section 2: Natural -Born Citizens are those
a holder of Alien Certificate of
who are citizens of the Philippines from
Registration.
birth without having to perform any act to
Private Respondent Osmena claims that acquire or perfect their Philippine
he maintains his Filipino Citizen, as the Citizenship. Those who elect Philippine
son of a Filipino ,a Philippine Passport citizenship in accordance with paragraph
holder and has been continuously (3), Section 1 hereof shall be deemed
residing in the Philippines since birth and Natural born Citizens.
has not gone out of the country for more
than six months; and that he has been a Section 3. Philippine Citizenship may be lost
registered voter in the Philippines since or reacquired in the manner provided by
1965. law
Section 4. Citizens of the Philippines who Mo Ya Lim Yao vs Commissioner of
marry aliens shall retain their citizenship , Immigration
unless their act or omission they are Facts: On February 8, 1961, Lau Yuen
deemed, under the law to have renounced Yeung applied for a passport visa to
it. enter the Philippines as a non-
immigrant. Her reason is to visit her
Section 5. Dual-allegiance of citizens in uncle for a month. She then placed a
inimical to the national interest and shall be bond and asked for extension which was
dealt with by law granted until February 1962. Prior to the
expiry of her visa, she had marriage with
Mo Ya Lim Yao , also known as Edilberto
Two Kinds of Citizens Aguinaldo Lim who is an alleged Filipino
citizen.
1. Natural Born (Art IV, Sec.2)
There is then an order for her arrest and
-1935 constitution- if a child born with a
deportation, thus she brought this action
Filipino mother, he/ she shall have the for injunction. It was then determined
Nationality of the Father. Unless, he/she that Lau Yuen cannot speak or write
shall proclaim nationality at the age of English or Filipino, does not know her
maturity (21 yrs old, from which neighbors except “Rosa” and does not
extension can be made for up to three know her sisters and brothers-in-law.
years /Re:Vicente Ching/) Issue: Whether or not Lau Yuen Yeung be
considered as a Filipino Citizen through
2. Naturalized
marriage with petitioner
- Have to perform acts to acquire Subject: Derivative Naturalization
Citizenship under Philippine laws Ruling:
- CA 473 The applicable statute itself more than
- Judicial, Administrative, Legislative implies that the naturalization of an
or Derivative Naturalization alien visitor as a Philippine citizen
logically produces the effect of
Citizens of the Philippines
conferring upon him ipso facto all the
-Act 2927 which reads, thus: rights of citizenship including that of
being entitled to permanently stay in the
SECTION 1. Who may become Philippine Philippines outside the orbit of authority
citizens. — Philippine citizenship may be of the Commissioner of Immigration.
acquired by: (a) natives of the Philippines
who are not citizens thereof under the We now hold, all previous decisions of
Jones Law; (b) natives of the other Insular this Court indicating otherwise
possessions of the United States; (c) citizens notwithstanding, that under Section 15
of the United States, or foreigners who of Commonwealth Act 473, an alien
under the laws of the United States may woman marrying a Filipino, native born
or naturalized, becomes ipso facto a
become citizens of said country if residing
Filipina provided she is not disqualified
therein.
to be a citizen of the Philippines under
Section 4 of the same law. Likewise, an of the Commissioner of Immigration.
alien woman married to an alien who is
subsequently naturalized here follows We now hold, all previous decisions of
the Philippine citizenship of her husband this Court indicating otherwise
the moment he takes his oath as Filipino notwithstanding, that under Section 15
citizen, provided that she does not suffer of Commonwealth Act 473, an alien
from any of the disqualifications under woman marrying a Filipino, native born
said Section 4. or naturalized, becomes ipso facto a
Filipina provided she is not disqualified
to be a citizen of the Philippines under
Section 4 of the same law. Likewise, an
Djumantan v Domingo alien woman married to an alien who is
Facts: On February 8, 1961, Lau Yuen subsequently naturalized here follows
Yeung applied for a passport visa to the Philippine citizenship of her husband
enter the Philippines as a non- the moment he takes his oath as Filipino
immigrant. Her reason is to visit her citizen, provided that she does not suffer
uncle for a month. She then placed a from any of the disqualifications under
bond and asked for extension which was said Section 4.
granted until February 1962. Prior to the
expiry of her visa, she had marriage with
Mo Ya Lim Yao , also known as Edilberto
Aguinaldo Lim who is an alleged Filipino
citizen.
Naturalization
There is then an order for her arrest and
deportation, thus she brought this action A. Judicial Naturalization (CA 473)
for injunction. It was then determined  He must be not be less than 21
that Lau Yuen cannot speak or write yrs of age at the age of the
English or Filipino, does not know her Petition
neighbors except “Rosa” and does not  He must have resided in the
know her sisters and brothers-in-law. Philippines for a period of not
Issue: Whether or not Lau Yuen Yeung be less than 10 yrs
considered as a Filipino Citizen through  He must be of good moral
marriage with petitioner character and believes in the
Subject: Derivative Naturalization principles underlying the
Ruling: Philippine Constitution
The applicable statute itself more than  Must have conducted himself in
implies that the naturalization of an a proper and irreproachable
alien visitor as a Philippine citizen manner during the entire
logically produces the effect of period of his residence in the
conferring upon him ipso facto all the Philippines in his relation with
rights of citizenship including that of the constituted government as
being entitled to permanently stay in the well as the community in which
Philippines outside the orbit of authority he is living
  Must own real estate in the  Polygamist or believers of polygamy
Phil,not less than 5 thousand  Convicted of crimes involving moral
pesos, Philippine currency, or tupitude
must have some known  Suffering from mental alienation or
lucrative trade, profession or incurable contagious disease
lawful occupation  Have not mingled with the Filipinos or
 Must be able to speak and write have no sincere desire to learn and
English or Spanish and any one embrace the customs, traditions and
of the Principal Philippine ideals of the Filipinos
Languages  Citizens or subjects of nations whom
 He must have enrolled his the Philippines are at war during the
minor children of school age, in period of war
any of the public schools or  Citizens of a foreign country,other than
private schools recognized by US, whose laws do not grant Filipinos
the office of private education the right to become naturalized citizens
of the Philippines / Dep-Ed or subjects

(10 yr requirement can be reduced to 5 yrs stay

only under the ff)
C. Procedural Requirements
 Held office under the Government of  Declaration of Intention
the Philippines or under any of the  Filing of Petition
provinces,cities,municipalities, or  Hearing and Initial Judgement
political subdivision  Period of Probation
 Having established a new industry or  Rehearing
introduced a useful invention in the  Final Judgement
Philippines
 Being married to a Filipino woman D. Derivative Naturalization
 Having been engaged as a teacher in the  Foreign women who are married to
Philippines in a public or private school Philippine Citizens may be deemed ipso
not established for the exclusive facto Philippine citizens
instruction of children of persons of a (Republic v Batuigas G.R No.183310)
particular nationality or race  Extends to minor children
 Having been born in the Philippines
(Mo Ya Lim Yao V. Commissioner of
Immigration)
B. Disqualification
 Person opposed to organized E. Cancellation of Naturalization
government or affiliated with any  Naturalization Certification was
association or group who uphold and Fraudulently obtained
teach the doctrines of opposing all  If within the five years next following
organized governments the issuance, he shall return to his
 Defending or teaching the necessity or native country or to some foreign
propriety of violence , personal assault, country to establish residence
or assassination for the success and  Remaining 1 year in his native country
predominance of their ideas or his former nationality, or two years in
 any other foreign country, shall be H. Legislative Naturalization
considered as prima facie evidence of  Notable/Distinguished Foreigner
his intention of taking up his permanent Who Can Make or Made a
residence in the same Difference in Philippine Society
 Petition was made on an invalid
declaration of intention
 Minor children of the person I. En Masse Filipinzation
naturalized failed to graduate from the  Tecson V Comelec
schools mentioned in Sec 2, through the  Philippine Bill of 1902- Applies To all
fault of their parents , either by Inhabitants of the Philippine Islands
neglection or transferring of schools Continuing to Reside in them who
 If he has allowed himself to be used as a were Spanish Subjects on April 11,
dummy in violation of the constitutional 1899 are deemed Filipino Citizen
or legal provision requiring Philippine unless they retain allegiance to
citizenship as a requisite for the Spanish crown
exercise, use or enjoyment of right J. Loss of Citizenship
 Naturalization in a Foreign Country
F. Administrative Naturalization (CA 63)
 Applicant must be born in the  Express renunciation or expatriation
Philippines and residing since birth  Taking an oath of allegiance on
 Applicant must be not less than 18 yrs another country at age of maturity
of age at the time of filing of his/her  Marriage of a Filipino woman to an
petition alien , allowing to take his
 Must be of good moral character citizenship (repulsed by Art.IV 1987
 Must have received primary and Constitution)
secondary education in any public men  Accepting a commission and serving
or private institution duly recognized by in the armed forces of another
DepEd country unless there is pact with
 Must have a known trade, business, country
profession or lawful occupation from  Denaturalization
which he/she derives sufficient income  Being Found by final judgement to
 Must be able to read , write and speak be a Deserter of the AFP unless
Filipino or any of the dialects pardoned
 Must have mingled with the Filipinos K. Repatriation (RA 8171)
and has sincere desire to embrace  Filipino women who have lost their
customs and tradition Philippine Citizenship by marriage
to aliens
-Disqualification is same with CA 473-
 Of natural-born Filipinos who have
G. Procedure for Administrative lost their Philippine citizenship on
Naturalization account of Political or Economic
 File a Petition for Naturalization necessity
with the Special Committee on
-Effect= Citizenship is restored
Naturalization
Article V: Suffrage
 effective for a period of four years and
will renew itself automatically unless
Section 1:
cancelled by either party by giving thirty
 Applicable for All Citizens days prior written notice from the date
 At least 18 years of age of expiry. Petitioner explained that the
 Resided in the Philippines for at continuation of agreement is on the
least 1 year, or 6 months in the discretion of the new Chief of
place where they propose to Administration . The new counselor
vote found Vinzon’s work unsatisfactory ,
 Must not be disqualified by law hence, the agreement was terminated.
Section 2:
Respondent claims that the
 Congress shall provide a system for unsatisfactory was a false claim since the
securing the secrecy and sanctity of the new counselor requested for additional
ballot services and Minister Soetahnim even
 Provide system for absentee voting by thanked respondent for sponsoring a
qualified Filipinos Abroad plaque.
 Shall also design a procedure for
disabled illiterates to vote without Issue: Whether or not Republic of
assistance of other persons Indonesia waived their immunity
Subject: Immunity from Suit
Ruling:
VI – STATE IMMUNITY FROM SUIT
In the case of foreign States, the rule is
Article XVI, Section 3- The State cannot be sued
derived from the principle of the
without its consent
sovereign equality of States, as
expressed in the maxim par in parem
Republic of Indonesia v Vinzon GR. No non habet imperium. All states are
154705 sovereign equals and cannot assert
Facts: Petitioner, Republic of Indonesia, jurisdiction over one another.
entered into a Maintenance Agreement
in August 1995 with respondent James The increasing need of sovereign States
Vinzon, sole proprietor of Vinzon Trade to enter into purely commercial activities
and Services. The Maintenance remotely connected with the discharge
Agreement stated that respondent shall, of their governmental functions brought
maintain specified equipment at the about a new concept of sovereign
Embassy Main Building, Embassy Annex immunity. This concept, the restrictive
Building and the Wisma Duta, the official theory, holds that the immunity of the
residence of petitioner Ambassador sovereign is recognized only with regard
Soeratmin. The Maintenance Agreement to public acts or acts jure imperii, but
are air conditioning units, generator sets, not with regard to private acts or acts
electrical facilities, water heaters, and jure gestionis.
water motor pumps. It is likewise stated
therein that the agreement shall be 1. A diplomatic agent shall enjoy
immunity from the criminal jurisidiction Private respondent alleged that
of the receiving State. He shall also enjoy respondent Labor Arbiter had no
immunity from its civil and administrative jurisdiction over its personality since it
jurisdiction, except in the case of: enjoyed diplomatic immunity.

(a) a real action relating to private Issue: Whether or not specialized

immovable property situated in the agencies enjoy diplomatic immunity
territory of the receiving State, unless he Subject:
holds it on behalf of the sending State for Ruling:
the purposes of the mission;
Private respondent is a specialized agency
(b) an action relating to succession in of the United Nations. Under Article 105
which the diplomatic agent is involved as of the Charter of the United Nations:
executor, administrator, heir or legatee as
a private person and not on behalf of the The Organization shall enjoy in the
sending State; territory of its Members such privileges
and immunities as are necessary for the
(c) an action relating to any professional fulfillment of its purposes.
or commercial activity exercised by the
diplomatic agent in the receiving State Representatives of the Members of the
outside his official functions. United Nations and officials of the
Organization shall similarly enjoy such
The act is not covered by the exemption. privileges and immunities as are
Thus, the case is dismissed. necessary for the independent exercise
of their functions in connection with the
Organization.
A. Basis of Immunity
Immunity is necessary to assure
Lasco vs UN Revolving Fund , 214 SCRA unimpeded performance of their
487 functions. The purpose is “to shield the
Facts: Petitioners were dismissed from affairs of international organizations, in
their employment with private accordance with international practice,
respondent, the United Nations Revolving from political pressure or control by the
Fund for Natural Resources Exploration host country to the prejudice of member
(UNRFNRE), which is a special fund and States of the organization, and to ensure
subsidiary organ of the United Nations. the unhampered performance of their
functions”
The UNRFNRE is involved in a joint
project of the Philippine Government The diplomatic immunity of private
and the United Nations for exploration respondent was sufficiently established
work in Dinagat Island. Petitioners are by the letter of the Department of
the complainants for illegal dismissal Foreign Affairs, recognizing and
and damages. confirming the immunity of UNRFNRE in
accordance with the 1946 Convention on
Privileges and Immunities of the United the property at the amount sold.
Nations where the Philippine Issue: Whether or not the Republic and
Government was a party. The issue HUDCC is immune from suit
whether an international organization is Subject: Government instrumentalities
entitled to diplomatic immunity is a immunity from suit
“political question” and such Ruling:
determination by the executive branch is We rule that the Republic is not immune
conclusive on the courts and quasi- from suit in the present case.
judicial agencies.
The Constitution provides that "the State
Private respondent is not engaged in a may not be sued without its
commercial venture in the Philippines. consent."One instance when a suit is
Its presence here is by virtue of a joint against the State is when the Republic is
project entered into by the Philippine sued by name, as in this case.
Government and the United Nations for In the present case, the Republic entered
mineral exploration in Dinagat Island. Its into deeds of sale with the respondents
mission is not to exploit our natural to construct the NGC Project on the lots
resources and gain pecuniarily thereby sold. To facilitate the sale, the Republic
but to help improve the quality of life of created a negotiating team to discuss the
the people, including that of petitioners. terms of the sale with the respondents.
The latter agreed to the negotiated sale
on these alleged conditions:
Republic and HUDCC v Roque (a) that they will have the right to
Facts: In 1978, the Republic, through the repurchase the properties if the NGC
Department of Public Works and Project does not push through; and
Highways (DPWH), approached the
respondents and asked them to sell a (b) that the NGC Project will increase the
portion of the land at government- market value of their remaining
dictated prices lower than the market properties.
value. The Republic was supposed to use
the land for President Marcos' National Following Santiago and Republic, the
Government Center (NGC) Project . State's failure to abide by these
The republic guaranteed that although conditions constitutes the State's
the respondents get paid a price much implied waiver of its immunity. We
lower than the market value, the price of reiterate that the doctrine of state
the land will increase after development. immunity from suit cannot serve to
Second, the republic assured that on perpetrate an injustice on a citizen.
instance that the project won’t continue,
the respondent will have the rights to
buy back the land.
B. When is a Suit One against the State
The NGC project did not materialize, 1. Suits against government
instrumentalities
thus, respondent argues that he shall by
 MIAA v CA 6. Distinction between governmental and
City of Ilol-ilo vs Philippine Ports propriety functions
Authority – PPA is a government A. Immunity of the National
instrument that should not be sued as Government
its impairment may cause hazards in the B. Immunity of Local Government
various ports it operates C. Immunity of foreign government
2. Suits against Quasi Public Corporations and international organizations
3. Incorporated C. Waiver of Immunity
- NIA Vs CA 214 SCRA 35 1. Forms of Consent
=As correctly ruled by the court below, i) Express- manifested through a
the NIA “is not immune from suit, by general law or special law
virtue of the express provision of P.D. -Act 3083 – general law providing
No. 552.” A reading of Section 2, sub- that the Government of the
paragraph (f) of P.D. No. 552, amending Philippines hereby consents and
Republic Act No. 3601 shows the submits to be sued upon any
granting to NIA the power “to exercise moneyed claim involving liability
all the powers of a corporation under arising from contracts, express or
the Corporation Law, insofar as they are implied, which could serve as a a
not inconsistent with the provisions of basis of civil action between parties
this Act.” Paragraph 4 of said law also
a. Consent by law
provide that petitioner NIA may sue and
be sued in court for all kind of actions, i(a)General law
whether contractual or quasi-
contractual, in the recovery of -ACT 3038
compensation and damages as in the I(b) CA 327
instant case considering that private -PD 1807 - PRESCRIBING THE
respondents’ action is based on PROCEDURE WHEREBY THE REPUBLIC
damages caused by the negligence of OF THE PHILIPPINES MAY WAIVE
petitioners. This Court had previously SOVEREIGN IMMUNITY FROM SUIT AND
held that “the National Irrigation OTHER LEGAL PROCEEDING WITH
Administration is a government agency RESPECT TO ITSELF OR ITS PROPERTY IN
with a juridical personality separate and CONNECTION WITH FOREIGN
distinct from the government. It is not a OBLIGATIONS CONTRACTED BY IT
mere agency of the government but a PURSUANT TO LAW.
corporate body performing proprietary -ART 2180, New civil code- The
functions” as it has its own assets and obligation imposed by Article 2176 is
liabilities as well as its own corporate demandable not only for one's own acts
powers to be exercised by a Board of or omissions, but also for those of
Directors. National Irrigation persons for whom one is responsible.
Administration vs. AIC, 214 SCRA 35,
G.R. No. 73919 September 18, 1992
4. Unincorporated ii.) Implied – is given when the state itself
5. Suits vs Public Officer commences litigation or when it enters into a
contract
a.When state commences litigation integral part of the naval base which is devoted
to the defense of both the United States and the
b. When a state enters into a business contract
Philippines, indisputably a function of the
2. Scope of Consent government of the highest order; they are not
utilized for nor dedicated to commercial or
Republic v Villasor business purposes .
- The universal rule that where the State gives 3. Suability not equated with outright liability
its consent to be sued by private parties either
by general or special law, it may limit claimant’s UP vs Dizon
action ‘only up to the completion of
-Suability depends on the consent of the state
proceedings anterior to the stage of execution’
to be sued, liability on the applicable law and
and that the power of the Courts ends when the
the established facts
judgment is rendered, since government funds
and properties may not be seized under writs of GSIS vs GMC
execution or garnishment to satisfy such
-GSIS cannot hide in the blanket of the
judgments, is based on obvious considerations
immunity as the tort arose from their wrongful
of public policy. Disbursements of public funds
action in business transaction
must be covered by the corresponding
appropriation as required by law. The functions 4. Execution
and public services rendered by the State
cannot be allowed to be paralyzed or disrupted Itagonoy vs Dumdum
by the diversion of public funds from their -Execution may not issue upon such judgment,
legitimate and specific objects, as appropriated because statutes waiving non-suability do not
by law. authorize the seizure of property to satisfy
Department of Agriculture vs NLRC judgments recovered from the action. These
statutes only convey an implication that the
-Not all contracts entered into by the legislature will recognize such judgment as final
government operate as a waiver of its non- and make provisions for its full satisfaction.
suability; distinction must still be made between Thus, where consent to be sued is given by
one which is executed in the exercise of its general or special law, the implication thereof is
sovereign function and another which is done in limited only to the resultant verdict on the
its proprietary capacity. action before execution of the judgment.
-The restrictive application of State immunity is
proper only when the proceedings arise out of
commercial transactions of the foreign D. Doctrine of Auto -Limitation
sovereign, its commercial activities or economic Raegan vs Commissioner on Internal Revenue
affairs. Stated differently, a State may be said to
have descended to the level of an individual and -It is to be admitted that any state may, by its
can thus be deemed to have tacitly given its consent, express or implied, submit to a
consent to be sued only when it enters into restriction of its sovereign rights. There may
business contracts. It does not apply where the thus be a curtailment of what otherwise is a
contracts relates to the exercise of its sovereign power plenary in character. That is the concept
functions. In this case the projects are an of sovereignty as auto-limitation, which, in the
succinct language of Jellinek, "is the property of
a state-force due to which it has the exclusive A. Preamble
capacity of legal self-determination and self- B. Declaration of Principles and State
restriction." A state then, if it chooses to, may Policies
refrain from the exercise of what otherwise is -Article II of the Constitution is a
illimitable competence. "declaration of principles and state
policies." They are used by the judiciary
Its laws may as to some persons found within its
as aids or as guides in the exercise of its
territory no longer control. Nor does the matter
power of judicial review, and by the
end there.
legislature in its enactment of laws. The
It is not precluded from allowing another power principles and state policies
to participate in the exercise of jurisdictional enumerated in Article II are not "self-
right over certain portions of its territory. If it executing provisions, the disregard of
does so, it by no means follows that such areas which can give rise to a cause of action
become impressed with an alien character. They in the courts. They do not embody
retain their status as native soil. They are still judicially enforceable constitutional
subject to its authority. Its jurisdiction may be rights but guidelines for legislation."
diminished, but it does not disappear. So it is
1. Republicanism (Art II, Sec .1)
with the bases under lease to the American
armed forces by virtue of the military bases Sec 1- The Philippines is a democratic and
agreement of 1947. They are not and cannot be republican state. Sovereignty resides in the
foreign territory. people and all government authority emanates
from them.

Manifestations:
Nicolas vs Secretary Romulo
i.)Ours is a government of laws and not
-The rule in international law is that a foreign
of men
armed forces allowed to enter one's territory is
immune from local jurisdiction, except to the > Villavencio v. Lukban
extent agreed upon. The Status of Forces
-The court also held that the law is the
Agreements involving foreign military units
only supreme power in our system of
around the world vary in terms and conditions,
government, and every man who by accepting
according to the situation of the parties
office participates in its functions is only the
involved, and reflect their bargaining power. But
more strongly bound to submit to that
the principle remains, i.e., the receiving State
supremacy, and to observe the limitations which
can exercise jurisdiction over the forces of the
gives itself and imposes upon the exercise of the
sending State only to the extent agreed upon by
authority which it gives
the parties.
ii.)Rule of the majority (Plurality in
elections)

iii.)Accountability of Public officials

iv.)Bill of Rights
VII. Fundamental Principles and State Policies
v.)Legislature cannot pass irrepealable
laws
 vi)Separation of Powers a. Generally accepted Principles of
International law automatically become part of
>Imbong v Ochoa
our own laws.
Reproductive Health Law of 2012 (RH
>Kuroda v Jalandoni
Law) is constitutional, except for certain
provisions that were declared unconstitutional. The Supreme Court of the Philippines
The Supreme Court held that the RH Law does rejected Kuroda’s argument, holding that “in
not violate the right to life of the unborn, as it accordance with the generally accepted
does not legalize abortion.Further,the RH Law principles of international law of the present
does not violate the right to health and the right day, including the Hague Convention, the
to protection against hazardous products, as it Geneva Convention and significant precedents
promotes the health and well-being of women of international jurisprudence established by
and children. The court also held that the RH the United Nations, all those persons, military
Law does not violate religious freedom, as it or civilian, who have been guilty of planning,
does not compel individuals to act against their preparing or waging a war of aggression and of
religious beliefs. It was also held that the RH the commission of crimes and offenses
Law does not violate the equal protection consequential and incidental thereto, in
clause, as it applies to all persons equally. violation of the laws and customs of war, of
humanity and civilization, are held accountable
>Petitioner Organization v Executive Secretary
therefor” .
The court held that the coco-levy funds
>Tanada vs Angara
are public funds and should be used for the
benefit of the coconut farmers and the The court held that the WTO Agreement
development of the coconut industry. It was is not inconsistent with the Constitution, as it
also held that the government has the power to does not violate the sovereignty of the
regulate and supervise the use of the coco-levy Philippines or impair the exercise of legislative
funds power . It was also held that the WTO
Agreement is not discriminatory or violative of
2.Incorporation Clause ( Art II, Sec 2)
the equal protection clause, as it applies to all
Sec 2- The Philippines renounces war as an WTO members equally .
instrument of national policy,adopts the
>Kim Chan v Valdez Tan Ke
generally accepted principles of international
law as part of the law of the land and adheres to The Supreme Court of the Philippines
the policy of peace, equality, justice, freedom, held that the government established under the
cooperation and amity with all nations. names of Philippine Executive Commission and
Republic of the Philippines during the Japanese
Sec 7- The state shall pursue an independent
occupation was a civil government and a de
foreign policy . In its relation with other 9states
facto government of the second kind: that
the paramount consideration shall be national
which is established and maintained by military
sovereignty, territorial integrity, national
forces who invade and occupy a territory of the
interest, and the right to self-determination.
enemy in the course of war . The court further
Sec 8- The Philippines, consistent with national held that the distinguishing characteristics of
interest, adopts and pursues a policy of freedom this kind of de facto government are; (1) that its
from nuclear weapons in its territory. existence is maintained by active military power
within the territories, and against the rightful does not demand absolute equality amongst
authority of an established and lawful residents; it merely requires that all persons
government; and (2) that while it exists it must shall be treated alike, under like circumstances
necessarily be obeyed in civil matters by private and conditions both as to privileges conferred
citizens who, by acts of obedience rendered in and liabilities enforced. The Court also held that
submission to such force, do not become a law may supersede a treaty or a generally
responsible, as wrongdoers, for those acts, accepted principle. Even if a treaty would be in
though not warranted by the laws of the rightful conflict with a statute, the statute must be
government. upheld because it represented an exercise of
the police power which, being inherent, could
b. Renunciation of War
not be bargained away or surrendered through
c.Transformation or Incorporation the medium of a treaty.

Transformation requires internal law principles >Gonzales v Hechanova

to be transformed into domestic law through a
The Supreme Court held that the
constitutional mechanism, such as legislation.
importation of foreign rice was without
Incorporation, applies when, by mere jurisdiction or in excess of jurisdiction. The
constitutional declaration, international law is Court found that the importation was
deemed to have the force of domestic law. prohibited by Republic Acts No. 2207 and 3452,
and that the contracts with Vietnam and Burma
d. In case of conflict of municipal laws vs were null and void. It was further held that the
international law, efforts should first be contracts did not constitute valid executive
exerted to harmonize so as to give effects to agreements under international law. The Court
both. If conflict is irreconcilable, municipal law reasoned that the contracts were inconsistent
prevails. with the aforementioned Republic Acts, which
>Ichong vs Fernandez were enacted by the Philippine Congress. The
Court also held that in case of conflict between
The case involved the constitutionality a treaty and a statute, the latter should prevail,
of Republic Act No. 1180, also known as the because a statute represents an exercise of the
Retail Trade Nationalization Act. The act police power which, being inherent, could not
reserved the right to engage in the retail trade be bargained away or surrendered through the
to Filipinos only. Lao Ichong, a Chinese medium of a treaty
businessman, challenged the constitutionality of
the act on the ground that it violated several e. Doctrine of Incorporation dictates that rules
treaties concluded by the Republic of the of international law are given equal standing
Philippines. with, and not superior to, national legislative
enactment (lex posterior derogat priori)
The Supreme Court upheld the
constitutionality of the act. The Court held that f. In countries where the constitution is the
the police power of the State is far-reaching in highest law of the land, such as the Philippines,
scope and almost impossible to limit its sweep. both statutes and treaties may be invalidated
It derives its existence from the very existence if they are in conflict with the constitution.
of the State itself and does not need to be
expressed or defined in its scope. The Court
further held that the equal protection clause 3.Civilian Supremacy – Article II, Sec 3
Sec 3- Civilian Authority, is at all times, supreme Duties of Government
over the military. The armed forces of the
a.Serve and protect the people
Philippines is the protector of the people and
the state. Its goal is to secure the sovereignty of b.defend the State
the State and the integrity of the national
territory. c.maintain peace and order

>Integrated Bar of the Philippines v Hon. d.protect life,liberty and property

Ronaldo Zamora e.promote general welfare
The Integrated Bar of the Philippines >People vs Lagman and Zosa
(IBP) filed a petition to annul the deployment
and declare it null and void and The Court held that the National
unconstitutional. The IBP argued that the Defense Law, insofar as it establishes
deployment of the Philippine Marines violated compulsory military service, does not go against
the Constitution, particularly Article II, Section the constitutional provision on equal protection
3, Article XVI, Section 5(4), and Article VIII, of the laws but is, on the contrary, in faithful
Section 1. compliance therewith. The Court found that the
duty of the government to defend the state
The Supreme Court ruled that the IBP cannot be performed except through an army.
had no legal standing to raise the issues in the The Court further held that the right of the
petition. The Court held that the IBP failed to government to require compulsory military
sufficiently show that it is in possession of the service is a consequence of its duty to defend
requisites of standing to raise the constitutional the state and is reciprocal with its duty to
questions. The Court further held that the defend the life, liberty, and property of the
President’s factual determination of the citizen. The Court also held that a person may
necessity of calling the armed forces is not be compelled by force, if need be, against his
subject to judicial review will, against his pecuniary interests, and even
against his religious or political convictions, to
take his place in the ranks of the army of his
4.Defense of State / Peace and Order Policy- country, and risk the chance of being shot down
Article II, Sections 4 &5 in its defense. The Court reasoned that this is
not deprivation of property without due process
Section 4- The prime duty of the Government is
of law, because, in its just sense, there is no
to serve and protect the people . The
right of property to an office or employment.
government may call upon the people to defend
The Court held that the circumstance that the
the State and , in the fulfillment thereof, all
appellants had dependent families to support
citizens may be required, under conditions
did not excuse them from their duty to present
provided by law, to render personal military or
themselves before the Acceptance Board
civil service.
because, if such circumstance exists, they can
Section 5- The maintenance of peace and order, ask for deferment in complying with their duty
the protection of life, liberty and property, and and, at all events, they can obtain the proper
the promotion of the general welfare are pecuniary allowance to attend to these family
essential for the enjoyment by all the people of responsibilities.
the blessings of democracy.
5.Separation of the Church and State-Article II,
Sec 6
7.Nuclear Free Philippines- Article II, Section 8
Sec 6- The separation of Church and State shall
Section 8- The Philippines , consistent with the
be inviolable
national interest, adopts and pursues a policy of
a.Reinforced by: freedom from nuclear weapons in its territory,

i.Art III, Sec 5 – Freedom of religion 8.Just and dynamic social order policy – Art II,
clause Sec 9

ii.Art IX-C, Sec 2 (5)- Religious sect Sec 9- The state shall promote a just and
cannot be registered as a political party dynamic social order that will ensure the
prosperity and independence of the nation and
iii.Art VI, Sec 5(2)- No sectoral
free the people from poverty through policies
representative from the religious sector
that provide adequate social services, promote
iv.Art VI, Sec 29- Prohibition against full employment, a rising standard of living, and
appropriation for sectarian benefit except when an improved quality of life for all
priest, etc. assigned to the armed forces, or to
9.Promotion on Social Justice Policy- Art II, Sec
any penal institution or government institution
10
or leprosarium
Sec 10- The state shall promote social justice in
b.Exceptions
all phases of national development
i.Art VI, Sec 28 (3) – Churches ,
>Social Justice in Calalang v. Williams
parsonages, etc. actually directly and exclusively
used for religious purpose shall be exempt from -Neither communism, nor despotism,
taxation. nor atomism,nor anarchy but the humanization
of laws and equalization of social and economic
ii.Art VI, Sec 29(2)- Prohibition against
forces by the state so that justice in its rational
appropriation for sectarian benefit
and objectively secular conception may at least
iii.Art XIV, Sec 3(3)- Optional religious be approximated.
instruction for public elementary and high
>Social Security System v COA
school students
The case involved the constitutionality
iv.Art XIV,Sec 4(2)- Filipino ownership
of the grant of Collective Negotiation
requirement for educational institutions, except
Agreement incentives to employees of the
those established by religious groups and
Social Security System – Central Visayas
mission boards
Division. The Commission on Audit disallowed
the grant of incentives on the ground that it
violated several laws and regulations. The Social
6.Independent Foreign Policy- Article II, Sec 7 Security System challenged the disallowance,
Sec 7- The State shall pursue an independent but the Commission on Audit dismissed its
foreign policy. In its relations with other states appeal.
the paramount consideration shall be national The Supreme Court ruled in favor of the
sovereignty, territorial integrity, national Commission on Audit. The Court held that the
interest, and the right to self-determination
grant of incentives should be in accordance with well-being. It shall inculcate in the youth
law, not discretion. The Court further held that patriotism and nationalism, and encourage their
the officers entrusted with the disbursement of involvement in public and civic affairs.
funds are mere trustees of the funds used and
>Tecson vs COMELEC
that failure to abide by the law compels all the
officers and employees to return the amount The Supreme Court of the Philippines,
unlawfully released. The Court also held that in the case of Tecson vs. COMELEC, ruled that
the provisions of the Social Security Act of 1997 the provisions of civil law regarding filiation and
empowering the Social Security Commission to paternity do not necessarily apply to
allocate funds to pay for the salaries and determining citizenship status . The court
benefits of its officials and employees are not emphasized that citizenship is a treasured right
absolute. The Court reasoned that the grant of and should not be taken lightly
incentives must be in accordance with law and
that the Social Security Commission cannot use >St.Benedict Childhood education center v San
its power to allocate funds to circumvent the Jose
law. San Jose was accused of preventing a
10.Policy on respect for human dignity and student from using the comfort room, calling
human rights – Art II, Sec 11 him a liar in front of the class, and causing him
emotional distress . After an investigation, the
Sec 11- The state values the dignity of every ad-hoc committee recommended San Jose’s
human person and guarantees full respect for dismissal for serious misconduct . The Labor
human rights. Arbiter dismissed San Jose’s complaint for illegal
dismissal but ordered the payment of her
Manifestations
proportionate benefits . The NLRC affirmed the
-Bill of rights dismissal, while the Court of Appeals reversed it
and ordered the payment of separation pay and
-Presence of Human Rights Commission (Power
benefits to San Jose.
only on investigation and recommendation, not
adjudicatory powers) The court emphasized that teachers
have an obligation to prioritize the welfare of
11. Policy on Family and Youth – Article II, Sec
their students and maintain professionalism and
12, and 13
dignity . They should not engage in conduct that
Sec 12- The state recognizes the sanctity of debases or degrades the intrinsic worth and
family life and shall protect and strengthen the dignity of a child . The welfare of the child is of
family as a basic autonomous social institution. paramount consideration in education.
It shall equally protect the life of the mother
12.Policy on Fundamental Equality of men and
and the life of the unborn from conception. The
women -Art II, Sec 14
natural and primary right and duty of parent in
the rearing of the youth for civic efficiency and Sec 14- The state recognizes the role of women
the development of moral character shall in nation building, and shall ensure the
receive the support of the Government fundamental equality before the law of women
and men.
Sec 13- The state recognizes the vital role of the
youth in nation-building and shall protect their >PT&T co vs NLRC
physical,moral,spiritual,intellectual and social
 In the case of Philippine Telegraph and
Telephone Company (PT&T) v. National Labor
13.Promotion of Health and Balanced and
Relations Commission (NLRC), Grace de
Healthful Ecology- Art II, Sec 15 and 16
Guzman, a probationary employee of PT&T, was
dismissed from her job for allegedly concealing Sec 15- The State shall protect and promote the
her civil status and defalcating company funds. right to health of the people and instill health
De Guzman argued that she was discriminated consciousness among them.
against because she had contracted marriage
during her employment, which was prohibited Sec 16- The state shall protect and advance the
by PT&T’s company policies right pf the people to a balanced and healthful
ecology in accord with the rhythm and harmony
The Constitution, cognizant of the of nature.
disparity in rights between men and women in
almost all phases of social and political life, >Villar v Alltech Contractors Inc.
provides a gamut of protective provisions. To In the case of Cynthia A. Villar v. Alltech
cite a few of the primordial ones, Section 14, Contractors, Inc., et al., the petitioner argued
Article II on the Declaration of Principles and that the issuance of an Environmental
State Policies, expressly recognizes the role of Compliance Certificate (ECC) for the proposed
women in nation-building and commands the coastal bay project is illegal and unlawful
State to ensure, at all times, the fundamental because: (1) Alltech did not prepare the
equality before the law of women and men. appropriate Environmental Impact Assessment
Corollary thereto, Section 3 of Article XIII(the (EIA) study; (2) the meeting that was conducted
progenitor whereof dates back to both the 1935 supposedly as public consultation failed to
and 1973 Constitution) pointedly requires the satisfy the strict requirements of the law; (3)
State to afford full protection to labor and to public hearings are mandatory for the proposed
promote full employment and equality of project; (4) a detailed statement of project
employment opportunities for all, including an alternative to the proposed reclamation project
assurance of entitlement to tenurial security of is a requirement under the law; and (5)
all workers. Similarly, Section 14 of Article questions relating to financial and technical
XIII.mandates that the State shall protect capabilities of a proponent are relevant and
working women through provisions for material to the issue relating to its ability to
opportunities that would enable them to reach implement the proposed project . However, the
their full potential. court ruled that the allegations raised by the
>Abel vs Rule petitioner are not material and necessary due to
the nature of the proposed project . Therefore,
In the case of Raemark S. Abel v. Mindy no compelling reason was presented to warrant
P. Rule, the Supreme Court of the Philippines the intervention of the Court.
ruled that in a foreign divorce between a
Filipino and an alien, it is immaterial which -Intergenerational Responsibility- Opposa v
spouse initiated the divorce proceedings abroad Factoran
in light of the fundamental equality of women -Precautionary Principle-when human activities
and men before the law . Once a divorce decree may lead to threats to the environment, actions
is issued by a competent foreign court, the alien may be taken to diminish that threat
spouse is deemed to have obtained the divorce
as required in Article 26 (2) of the Family Code
-Writ of Kalikasan- injunctive relief, relief to stop -Students- right to enjoy inn school guarantees
an individual from gov or private sector if they of the bill of rights
cause any damage in the environment
-Academic grounds, violation of
-Writ of continuing mandamus- to do something reasonable rules and regulations,
to charge on environmental damage or
15. Protection to Labor- Art II, Sec 18
protection
Sec 18- The state affirms labor as a primary
social economic force. It shall protect the rights
14. Priority to Education, Science and of workers and promote their welfare.
technology, arts, culture and sports – Article II,
Philippine Association of Service Exporters V
Section 17
Drilon
Sec 17- The state shall give priority
-The Supreme Court upheld the validity of the
education,science, and technology, arts, culture,
order, finding that it is a valid exercise of the
and sports to foster patriotism and nationalism,
state’s police power and is justified by the need
accelerate social progress, and promote total
to protect Filipino female overseas workers from
human liberation and development
exploitation and abuse.
*Academic Freedom
Manifestations
University of San Agustin v Court of Appeals
-Labor code
-The Supreme Court ruled that the private
-laws on maternity leaves, night workers(bpo)
respondents have no cause of action for
mandamus under the premises because there is 16. Self-reliant and independent national
no clear and well-defined right of the latter economy- Article II , Sections 19 and 20
which has been violated neither do the former
have a corresponding ministerial duty to re- Sec 19- The state shall develop a self-reliant and
admit them, since petitioner USA is a private independent national economy effectively
educational institution not performing public controlled by the Filipinos
functions and duties. (Filipino first policy) (Activity on Natural
Under the Manual of Regulations for Private resources)
Schools, petitioner USA enjoys the right to Sec 20- The state recognizes the indispensable
academic freedom role of the private sector, encourages private
Academic freedom enterprise and provides incentives to needed
investments.
-The school or institution- write to determine
who may teach, what may be taught, how it Manifestations:
shall be taught, who may be admitted to study, -Public – Private Partnerships = NLEX
on whom it can confer degrees and honors
17.Agrarian reform -Art II, Sec 21
-Faculty- right to pursue his tudies and publish
the result of his or her endeavors Sec 21- The state shall promote comprehensive
rural development and agrarian reform
-security of tenure
Manifestations:
-Comprehensive agrarian reform law constitutionally allocated sphere. It intends to
secure action, to forestall over-action, to
18.Indigenous Cultural Communities – Art II sec
prevent despotism , and to promote efficiency.
22
-intended to prevent a concentration of
Sec 22- The state recognizes and promotes the
authority in one person or group of persons that
rights of indigenous cultural communities within
might lead to irreversible errors or abuse of
the framework of national unity and
exercise
development
-Saguiguit v. People – Extent of Authority of the
Manifestations:
Judiciary Vis-à-vis the Legislature
-IPRA law – Indigenous People Right’s act
-La Bugal v Ramos- Matters of Policy
19. Independent People’s Organization- Article
-Maceda V. Vasquez- Filing of cases against
II, Sec 23
court employees ( need permission from the SC,
Sec 23- The state shall encourage non- and there should be proof that the employee
governmental, community-based , or sectoral acted beyond the scope of his function before
organization that promote the welfare of the filing a case)
nation.
-Belgica v. Ochoa- Pork Barrel System
20. Communication and Information in Nation
Building- Article II, Sec 24
Principle of Blending of Powers
Sec 24- The state recognizes the vital role of
-Principle where certain acts, for purposes of
communication and information in nation-
perfection and validity, require the performance
building
of another act by a person or organ of the
21. Autonomy of Local Governments – Art II, government to complete and validate the act
Sec 25

Sec 25- The state shall ensure the autonomy of

Checks and Balances
local governments
-under the systems of checks and balances, one
*Political dynasty- no definition in constitution
department should be a check to the two other
except in SK Law ( 2nd degree consanguinity and
departments of government and vice versa
affinity)

Manifestation of the Principle of Checks and

Balances

Section 27 (1)- Every bill passed by the Congress

VIII Separation of Powers shall, before it becomes a law, be presented to
the President. If he approves the same, he shall
sign it; otherwise he shall veto it and return the
-power ordains that each of the three same objections to the H of R where it
government has exclusive cognizance of and is originated, which shall enter the objections at
supreme concerns falling within its own large in its journal and proceed to reconsider it.
a)Veto power of the president is a political In case of invasion or rebellion,when the public
question . The finalization is bestowed upon the safety requires it, he may, for a period not
President. (Article VI, Sec 27(1) ) exceeding sixty days, suspend the privilege of
the Writ of Habeas Corpus or place the
i. A proposed law or bill becomes a law if it will
Philippines or any part thereof under martial
be (1) signed by the president; (2) inaction of
law.
the President within 30 days
i.The President can declare martial law in case of
ii. The President can veto the law. Congress has
(1) invasion or rebellion; and (2) when public
the power to override the veto.
safety requires it
iii. Congress can override the veto
ii.He needs to report to Congress within 24
hours

b)Power of the SC to declare the law, iii.Congress can set aside the proclamation of
proclamation, order, treaty or international Martial Law
agreement (Article VIII, Secs. 1,5,2-A )
iv.Lansang doctrine (Art.VII , Section 18(3))
Article 8, Section 1- Judicial power includes the (Lansang v Garcia)- Declaration of Martial law
duty of the courts of justice to settle actual will be a judicial question which can be
controversies involving rights which are legally reviewed by the SC provided that there is an
demandable and enforceable, and to determine appropriate case filed by a citizen
whether or not there has been a grave abuse of
v.SC may review the factual basis of the
discretion amounting to lack or excess of
declaration
jurisdiction on the part of any branch or
instrumentality of the government. -The Congress, if not in session hall, within 24
hours following such proclamation or
Article 8, Section 5- The supreme court shall
suspension, convene in accordance with its
have the following powers:
rules without any need of a call.
(2) Review, Revise, Reverse, Modify or Afirm on
-The Supreme Court may review, in an
appeal or certiorari, as the law or the rules of
appropriate proceeding filed by any citizen the
court may provide, final judgements and orders
sufficiency of the factual basis
of lower courts in:
d.Commission on Appointment- concurrence
a)All cases which the constitutionality or validity
and confirmation in the nomination and
of any treaty, international or executive
appointment of the President of the Lower
agreement,law, presidential decree,
House and the Upper House as Commission on
proclamation, order, instruction, ordinance or
Appointments
regulation is in question
Article 7, Section 16- The President shall
-Doctrine of Purposeful Hesitation
nominate and, with the consent of the
c.) Declaration of Martial Law (Article VII, Commission of Appointments appoint the heads
Section 18(1) ) of the Executive Department, Ambassadors,
other Public ministers and consuls, or officers of
Article 7, Section 18- the President shall be the the armed forces from the rank of colonel or
Commander-in-chief of all armed forces of the naval captain, and other officers whose
Philippines and whenever it becomes necessary.
appointments are vested in him in this and pardons, and remit fines and forfeitures,
constitution. after conviction by final judgement.

-The President shall have the power to make He shall also have the power to grant amnesty
appointments during the recess of the congress, with the concurrence of a majority of all the
whether voluntary or compulsory, but such members of the Congress.
appointments shall be effective only after the
approval by the Commission on Appointments
i.Presidential prerogative
(composed by the Congress and the Senate) or
until the next adjournment of the Congress ii.Valid if with concurrence by Congress by
majority vote for amnesty
e.) Impeachment
iii.Pardon does not require Congress’
Article 11, Section 2- The President, the Vice
concurrence
President, the members of the Supreme Court,
the members of the constitutional commissions
and the Ombudsman may be removed from
office as provided by law, but not by
impeachment

-Section 3 (1): The House of Representatives

shall have the exclusive power to initiate all
cases of impeachment.

(6) The Senate shall have the sole power to try

and decide all cases of impeachment.When
sitting for that purpose, the Senators shall be on
oath or affirmation.When the President of the
Philippines is on trial, the Chief Justice of the
Supreme Court shall preside, but shall not vote.
No person shall be convicted without the
concurrence of two-thirds of all the members of h.Expanded Power of Judicial Review
the Senate.
Article 8, Section 1- The Judicial power shall be
f.) Treaties (Art.VII, Sec 21) vested in one supreme court and in such lower
courts as may be established by law
-No treaty or international agreement shall be
valid and effective unless concurred in by at -Judicial power includes the duty of the courts
least two-thirds of all the Members of the of justice to settle actual controversies involving
Senate. rights which are legally demandable and
enforceable, and to determine whether or not
there has been a grave abuse of discretion
g.) Amnesty and Pardoning Powers of the amounting to lack or excess of jurisdiction on
President (Art VII, Sec. 19 (2) ) the part of any branch or instrumentality of the
government.
Sec 19.- Except in cases of impeachment, or as
otherwise provided in this Constitution, the i.) Power of the Supreme Court to declare an act
President may grant reprieves, commutations as unconstitutional because there is grave abuse
of discretion amounting to lack or excess of Political question connotes what it means in
jurisdiction ordinary language a ‘question of policy’. It refers
to those questions which under the constitution
E. Role of the Judiciary
are to be decided by the people in their
Art.VIII, Section 1 sovereign capacity

The Judicial power shall be vested in one -Discretionary Political Questions( branches of
Supreme Court and in such lower courts as may the government)
be established by law.
-Exercise of Military Powers (such as
Judicial power includes the duty of the courts of Martial law, suspension of writ of habeas
justice to settle actual controversies involving corpus)
rights which are legally demandable and
-Internment of Marcos
enforceable,and to determine wheter or not
there has been a grave abuse of discretion -Deporting an alien
amounting to lack or excess of discretion on the
-having debt from international source
part of any branch or instrumentality of the
Government. -declaration of state of emergency
-sees to it that the constitutional distribution of -Pure Political Question
powers among the several departments of the
government is respected and observed -Amend Constitution( the people in
their sovereign capacity amends the
-Conferment of power is usually done expressly, constitution)
as in the venture of legislative power in the
Congress, the executive power in the President, -Recall(power of the people to remove a
and the judicial power in the Supreme Court local elective official)

-in the absence of express conferment, exercise -Cory administration

of power may be given through Doctrine of
Implication
-Political questions go into the wisdom of the
F. Distinction between Political Questions v. law itself, not its interpretation and application,
Justiciable Questions are to be decided by the people in their
Sanidad vs Comelec sovereign capacity, to which full discretionary
authority is accorded to the executive and
Political questions are neatly associated legislative branches of government.
with the wisdom, not the legality of a
particular act. -Justiciable questions deal with matters of law
e.g and its interpretation and application and
=What is in the heels of the court is not the cannot be left to the wisdom of the executive
wisdom of the act of the incumbent and legislative branches, but may decided upon
President in proposing amendments to by the judiciary.
the constitution , but his constitutional Requisites:
authority to perform such act
a)There must be an actual case or controversy
Tanada vs Cuenco calling for the exercise of judicial power
b)The person challenging the act must have the affected with public interest ( subject first by
standing to question the validity of the subject approval of Congress)
act or issuance
Permissible delegation of Legislative Power:
c)The question of constitutionality must be Local Government Units
raised at the earliest opportunity
-Sec 16 of LGC
e)The issue of constitutionality must be the very
-Sec 19 of LGC
lis mota of the case
-Power of taxation- Art. X , Sec 5 of 1987
IX.Delegation of Power
constitution

A.Non-Delegability of Legislative Power

5.Delegation to Administrative Bodies
B.Exception: Permissible Delegation
Subordinate Legislation
Tariff Powers of the President
-Administrative bodies delegate to
Art VI,Section 28- The Congress may, by
principal agencies tasked to execute laws in
law, authorize the President to fix within
their specialized fields- Give authority to
specified limits, and subkect to such limitations
promulgate and regulate statute but should be
and restriction as it may impose, tariff rates,
in conformity with standards prescribed by law
import and export quotas, tonnage and
(Gerochi v DOE)
wharfage dues. (However, there should be a law
to impose it) -it must be germane to the objects and
purposes of the law and in conformity with the
Permissible delegation of legislative power:
standards prescribed by the law
STATE OF EMERGENCY

Section 23(2)- In times of war or other national

emergency, the Congress, may by law, authorize
the President, for a limited period and subject
to such restriction as it may prescribe,to
exercise powers necessary and proper to carry
out a declared national policy.

Emergency- war,typhoon, flood, epidemic,

economic crisis , rebellion or other similar
catastrophe of nationwide proportions or effect

Exercise of Emergency

Article XII,Sec 17- In times of National

Emergency , when the public interest so
requires, the state may, during the emergency
and under reasonable terms prescribed by it,
temporarily take over or direct the operations of
any privately owned public utility or business Test of Valid Delegation
Completeness Test be elected at large by the qualified voters of the
Philippines as may be provided by law.
Complete in all its terms and condition
when it leaves the legislature such that when it 2.Qualifications
reaches the delegate, the only thing he will have
-Article VI , Section 3- No person shall
to do is enforce it
be a Senator of the Philippines unless he is a
Sufficient Standard Test natural-born citizen of the Philippines, and on
the day of the election, is at least thirty-five
Mandates adequate guidelines or
years of age, able to read and write, a registered
limitations in the law to determine the
voter , and a resident of the Philippines for not
boundaries of the delegate’s authority and
less than two-years immediately preceding the
prevent the delegation from running riot
day of the election

R- Residency
X. The Legislative Department
A-Age

C-Citizenship
A.Legislative Power Defined
E-Education
Article VI, Section 1
R-Registered Voter-
-The legislative power shall be vested in the
Congress of the Philippines which shall consist 3.Terms of Office and Tenure,Limitation
of a Senate and a House of Representatives,
-Article VI, Section 4- The term of office
except to the extent reserved to the people by
of the Senators shall be six years (until the 30th
the provision on initiative and referendum.
day of June
B.Where Vested
-No senator shall serve for more than 2
consecutive terms. Voluntary renunciation of
the office for any length of time shall not be
-Shall also discharge powers of non-legislative
considered as an interruption in the continuity
nature
of his service for the full term for which he was
= canvass of Presidential elections elected
=declaration of the existence of a state
-Article XVIII, Section 2- Senators and
of war
=confirmation of amnesties members of the House of Representative shall
=Commission on appointments serve until June 30, 1992
=amendment and revision of the
constitution
=impeachment D.House of Representatives

1. Composition
C.Senate
a.District Representative – In the 1987
1.Composition constitution, 200 members were originally
provided for H of R to be directly elected by the
-Article VI, Section 2- the Senate shall
legislative districts
be composed of twenty-four senators who shall
 the Comelec en banc promulgated
Resolution No. 2847, prescribing the rules
-Sec 5- The H of R shall be composed of not and regulations governing the election of
more than 250 members unless otherwise fixed party-list representatives through the party-
by law, who shall be elected from legislative list system.
districts apportioned among the provinces,
cities and the metropolitan manila area in On May 11, 1998, the first election for party-
accordance with the number of their respective list representation was held simultaneously
inhabitants with the national elections. A total of 123
parties, organizations and coalitions
b. Party-list representatives participated. On June 26, 1998, the Comelec
en banc proclaimed thirteen party-list
-RA 7941
representatives from twelve parties and
Sec 11- The parties, organizations, and organizations, which had obtained at least
coalitions receiving at least two percent (2%) of 2% of the total number of votes cast for the
the total votes cast for the party-list system shall party-list system.
be entitled to one seat each: provided, that
PAG-ASA filed a petition with the Comelec
those garnering more than two percent (2%) of
alleging that the filling up of the twenty
the votes shall be entitled to additional seats in
percent membership of party-list
proportion to their total number of votes: representatives in the HoR, as provided
provided, finally, that each party, organization, under the Constitution, equivalent to 52
or coalition shall be entitled to not more than party-list representatives, was mandatory. It
three (3) seats. claimed that the literal application of the
two percent vote requirement and the
Sec 12- The COMELEC shall tally all the
three-seat limit under RA 7941 would defeat
votes for the parties, organizations, or coalitions
this constitutional provision, for only 25
on a nationwide basis, rank them according to nominees would be declared winners.
the number of votes received and allocate
party-list representatives proportionately
according to the percentage of votes obtained Issue: Is the 20% allocation for party-list
by each party, organization, or coalition as representatives mandatory or is it merely a
against the total nationwide votes cast for the ceiling? In other words, should the twenty
party-list system. percent allocation for party-list solons be
filled up completely and all the time?
National Party- Constituency is spread over the
geographical territory of at least a majority of Ruling:
the regions The party list system of representation is
mandated by Section 5, Article VI of the
Regional Party- Constituency is spread over the
Constitution. Pursuant thereto, Congress
geographical territory of at least enacted Republic Act (RA) No. 7941 or the
Party List System Act on March 3, 1995.
Under the Constitution and RA No. 7941, the
four inviolable parameters under a
Philippine-style party-list election are:
Veterans Federation Party V COMELEC
Facts: Pursuant to Section 18 of Republic Act (a) the twenty (20%) percent allocation - the
(RA) No. 7941 or the Party List System Act,
combined number of all party-list Round 1 – Rank from highest to lowest and
congressmen shall not exceed twenty those at least having 2% of the total votes shall
percent of the total membership of the be entitled to one seat
House of Representatives, including those
elected under the party list. Round 2- Percentage of votes= available seats

(b) the two (2%) percent threshold - only

Atong Paglaum Inc. V COMELEC
those parties garnering a minimum of two Facts:
percent of the total valid votes cast for the The Comelec disqualified 52 party-list groups
party-list system are "qualified" to have a and organizations from participating in the
seat in the House of Representatives; 13 May 2013 party-list elections, particularly
those that did not satisfy these two criteria:
(c) the three-seat limit - each qualified party, (1) all national, regional, and sectoral groups
regardless of the number of votes it actually or organizations must represent the
obtained, is entitled to a maximum of three “marginalized and underrepresented”
seats; that is, one "qualifying" and two sectors; AND (2) all nominees must belong
additional seats. to the “marginalized and underrepresented”
sector they represent.
(d) proportional representation - the
additional seats which a qualified party is Aggrieved by the disqualification, said part-
entitled to shall be computed "in proportion list groups via Petitions for Certiorari and
to their total number of votes." Petitions for Certiorari and Prohibition,
alleging grave abuse of discretion amounting
In the exercise of its constitutional to lack or excess of jurisdiction on the part
prerogative, Congress enacted RA 7941. of the Comelec. The SC issued Status Quo
Congress declared therein a policy to Ante Orders in all petitions.
promote "proportional representation" in Issue: Whether or not the criteria for
the election of party-list representatives in participating in the party-list system laid
order to enable Filipinos belonging to the down in Ang Bagong Bayani and Barangay
marginalized and underrepresented sectors Association for National Advancement and
to contribute legislation that would benefit Transparency v. Commission on Elections
them. It however deemed it necessary to (BANAT) should be applied by the COMELEC
require parties, organizations and coalitions in the coming 13 May 2013 party-list
participating in the system to obtain at least elections.
two percent of the total votes cast for the
party-list system in order to be entitled to a Ruling:
party-list seat. Those garnering more than For the coming 13 May 2013 party-list
this percentage could have additional seats elections, we must now impose and
in proportion to their total number of votes. mandate the party-list system actually
Furthermore, no winning party, organization envisioned and authorized under the 1987
or coalition can have more than three seats Constitution and R.A. No. 7941. —
in the House of Representatives.
NEW RULE (abandoning BANAT doctrine):

In determining who may participate in the

coming 13 May 2013 and subsequent party-
list elections, the COMELEC shall adhere to
the following parameters:
 “well-defined political constituencies” must
1. Three different groups may participate in belong to the sector they represent. The
the party-list system: (1) national parties or nominees of sectoral parties or
organizations, (2) regional parties or organizations that represent the
organizations, and (3) sectoral parties or “marginalized and underrepresented,” or
organizations. that represent those who lack “well-defined
political constituencies,” either must belong
2. National parties or organizations and to their respective sectors, or must have a
regional parties or organizations do not need track record of advocacy for their respective
to organize along sectoral lines and do not sectors. The nominees of national and
need to represent any “marginalized and regional parties or organizations must be
underrepresented” sector. bona-fide members of such parties or
organizations.
3. Political parties can participate in party-
list elections provided they register under 6. National, regional, and sectoral parties or
the party-list system and do not field organizations shall not be disqualified if
candidates in legislative district elections. A some of their nominees are disqualified,
political party, whether major or not, that provided that they have at least one
fields candidates in legislative district nominee who remains qualified.
elections can participate in party-list
elections only through its sectoral wing that
can separately register under the party-list
system. The sectoral wing is by itself an Note:
independent sectoral party, and is linked to
Party-list system is composed of three different
a political party through a coalition.
groups: (1) national parties or organizations; (2)
regional parties or organizations; and (3)
4. Sectoral parties or organizations may
either be “marginalized and sectoral parties or organizations.
underrepresented” or lacking in “well- Political party - refers to an organized group of
defined political constituencies.” It is enough citizens advocating an ideology or platform,
that their principal advocacy pertains to the
principles and policies for the general conduct
special interest and concerns of their sector.
of government
The sectors that are “marginalized and
underrepresented” include labor, peasant, Sectoral Party- refers to an organized group of
fisherfolk, urban poor, indigenous cultural citizens belonging to any of the sectors
communities, handicapped, veterans, and enumerated in Section 5 hereof whose principal
overseas workers. The sectors that lack
advocacy pertains to the special interest and
“well-defined political constituencies”
concerns of their sector.
include professionals, the elderly, women,
and the youth. Ang Ladlad LGBT party V COMELEC
Facts:
5. A majority of the members of sectoral The COMELEC refused to accredit Ang Ladlad
parties or organizations that represent the as a party-list organization under R.A. 7941,
“marginalized and underrepresented” must otherwise known as the Party-List System
belong to the “marginalized and Act, on the ground that the LGBT sector is
underrepresented” sector they represent. neither enumerated in the Constitution and
Similarly, a majority of the members of R.A. 7941, nor is it associated with or related
sectoral parties or organizations that lack
to any of the sectors in the enumeration. specifically enumerated, but whether a
particular organization complies with the
Ang Ladlad is an organization composed of requirements of the Constitution and R.A.
men and women who identify themselves as 7941.
lesbians, gays, bisexuals, or trans-gendered
individuals (LGBTs). Our Constitution provides in Article III,
Section 5 that, “no law shall be made
In denying Ang Ladlad’s registration, the respecting an establishment of religion, or
Comelec’s Second Division ruled: “Until the prohibiting the free exercise thereof.” At
time comes when Ladlad is able to justify bottom, what our non-establishment clause
that having mixed sexual orientations and calls for is “government neutrality in
transgender identities is beneficial to the religious matters.”
nation, its application for accreditation
under the party-list system will remain just Clearly, governmental reliance on religious
that. x x x x Even if society’s understanding, justification is inconsistent with this policy of
tolerance, and acceptance of LGBT’s is neutrality. We thus find that it was grave
elevated, there can be no denying that violation of the non-establishment clause for
Ladlad constituencies are still males and the Comelec to utilize the Bible and the
females, and they will remain either male or Koran to justify the exclusion of Ang Ladlad.
female protected by the same Bill of Rights Moral disapproval, without more, is not a
that applies to all citizens alike. x x x x As a sufficient governmental interest to justify
society, the Philippines cannot ignore its exclusion of homosexuals from participation
more than 500 years of Muslim and Christian in the party-list system.
upbringing, such that some moral precepts
espoused by said religions have seeped into The denial of Ang Ladlad’s registration on
society and these are not publicly accepted purely moral grounds amounts more to a
moral norms.” statement of dislike and disapproval of
homosexuals, rather than a tool to further
Issue: Whether or not there is legal basis for any substantial public interest.
Comelec’s refusal to accredit Ang Ladlad as a
party-list group.

Ruling: Apportionment
There is none. Respondent mistakenly -Power to create legislative districts
opines that our ruling in Ang Bagong Bayani
stands for the proposition that only those -Emanates as well from the power of congress
sectors specifically enumerated in the law or to create provinces and cities
related to said sectors (labor, peasant,
fisherfolk, urban poor, indigenous cultural -Must be through law
communities, elderly, handicapped, women,  Proportional Representation- In
youth, veterans, overseas workers, and
accordance with the respective
professionals) may be registered under the
inhabitants and on the basis of a
party-list system.
uniform and progressive ration
The enumeration of marginalized and under-  Prohibition of gerrymandering- Each
represented sectors is not exclusive. The legislative District shall comprise,as far
crucial element is not whether a sector is as practicable, contiguous, compact and
adjacent territory
  One Province, One Representative- One The EXECUTIVE DEPARTMENT
city with 250,000 inhabitants, one
representative
Article VII, Section 1- The executive shall be
 Reapportionment after every census
vested in the President of the Philippines
Legislative Apportionment- The determination
Qualifications (Both P and VP)[Section2]
of the number of representatives which a state,
county or other subdivision may send to a 1.Natural-Born Citizen of the Philippines
legislative body
2.A Registered Voter
Reapportionment- is the realignment or change
in legislative district brought about by changes 3.Able to read and write
in population 4.At least 40 years of age on the day of the
election

Qualification of HoR(Congress Representatives) 5.A resident of the Philippines for at least 10

years immediately preceding such election
-Natural born

-able to read and write

Election
-Registered voter in the district in which he shall
be elected  Congress is the sole canvassing body
and has the power to proclaim the duly
-Resident thereof for a period of less than 1 year elected winners who obtained the
immediately preceding the day of the election highest of votes for Presidential and VP
Positions only
-at least 25 years on the day of the election
 Congress, upon determination of the
authenticity and due execution of the
certificates of canvass may be delegated
to a joint Congressional Committee

When Congress is not in session

 In Pimentel v. Joint Committee of

Congress, the Supreme Court held that
Congress may still continue with its
constitutional mandate even without
need of any call for a special session by
the President. Only when the Board of
canvassers has completed its functions
is it rendered functus officio

-Presidential Electoral Tribunal- from The

Supreme Court
Term of Office -In case of death, permanent disability,
removal from office or resignation of the
- 6 years which shall begin on the noon of
President
the 30th day of June and ends at the 30th
day after 6 years =VP to occupy in an official capacity and
- Not eligible for re-election serve the unexpired term

For Vice-President -In case of death, permanent disability, removal

from office or resignation of the President and
-6 years but shall not serve for more than 2
vice president
consecutive terms
=The senate president shall preside in
-During her term , she can be appointed as a
acting capacity
member of the cabinet

Temporary Vacancy: When will it arise?

Succession
-When the President transmits to the Senate
1.Vacancy before the beginning of the
President and the House Speaker his written
President’s term
declaration that he is unable to discharge the
-If the President fails to qualify powers and duties of his office

-If a President shall not have been chosen -VP to assume the office in an acting
capacity
-In both cases, the Vice President shall
occupy in an acting position until the -Will cease when the President submits
President elect shall have qualified a written declaration stating otherwise

-If the President -elect died or became -But when a majority of the members of the
permanently disabled cabinet submits a second written declaration
indicating the incapacity of the President:
=The Vice President shall occupy the
position as the President of the Republic =The Vice President shall assume in an
acting capacity
-If there is no Pres or VP ( not chosen,
qualified or they died or became =Provided that 2/3 of the members
permanently disabled) confer

=Senate President to occupy in an Vacancy in the Office of the VP

acting capacity ( if no qualified ->)
-The President shall nominate a VP subject to
=Speaker of the house in an acting the confirmation by a majority vote of all
capacity until a Pres or VP have been chosen members of Congress Voting separately ( not
and qualified Commish on Appointments)

2.Vacancy during the President’s

incumbency
Privileges Prohibition on Nepotism

 The President shall have an official - The spouse and relatives by

residence = the Malacanang Palace consanguinity and affinity within the
 Salary= shall be determined by law fourth civil degree of the President shall
-Shall not be decreased during not, during his tenure, be appointed as
the tenure members of the constitutional
-No increase shall take effect commissions, or the office of the
until after the expiration of the Ombudsman , or as Secretaries,
term of the incumbent during Undersecretaries, Chairman or heads of
which such increase was bureaus of offices, including
approved Government-owned or controlled
 Immunity from suit – The President is corporations and their subsidiaries.
immune from suit during his tenure or
Faithful Execution Clause/ “Take-Care”
incumbency
Clause
-Absolute, Regardless of the nature of
the offense to be charged against him -Obligation of the President to ensure that
(De Lima v. Duterte) the laws are being faithfully executed
-Purpose if to assure the exercise of regardless of his personal opinion
Presidential Duties and functions free
from any hindrance or distraction -To take “Necessary and proper steps” to
-Need not be invoked by the President carry into execution the law
before it can be applied by the courts The Appointing power and Removal Power
-Immunity does not extend to Cabinet
officials
-However, Presidential decisions may be
questioned before the courts where
there is GAOD
-Presidential immunity can be waived if
filed against accused/defendant

Executive Privilege
 The right of the President and high level
executive branch officers to withhold
information from Congress, the Courts
and ultimately the public
 Unless otherwise provided in the
constitution, shall not hold any other
office or employment

Exceptions: Ex officio positions, President as

the Head of all executive governments
The Appointing Power and Removal Power

-The President shall Nominate, and, with the

consent of the Commission on Appointment
appoint the heads of the Executive
Departments, ambassadors, other public
ministers and consuls, or officers of the Armed
forces from the rank of colonel or naval captain,
and other officers whose appointment are
vested in him in this constitution.

=Regular members of the JBC – a representative

of the integrated bar, a professor of law, a
retired member of the SC and a representative
of Sector

Military / Commander -in-Chief powers of the

President

1. To declare Martial Law

2. To suspend the privilege of the writ of
habeas corpus
3. Calling out powers

Calling-Out Powers

- Least benign of all the military powers

of the President
- Exercised by the President if he finds it
necessary to suppress lawless
violence,invasion or rebellion
- Not required that the two requisites
must concur (The presence of invasion
or rebellion and when public safety
requires it)

Suspension of the Privilege of the writ of

habeas corpus

- Generally,a person cannot be arrested

or detained without a warrant. But,
because of the suspension of the
 privilege of the writ, an individual Power to organize court martial for the
cannot be arrested without a warrant. discipline of the members of the armed
- This will only apply for individuals forces
alleged to have committed offenses
- RA7055
related to rebellion or invasion
- Court martial will acquire jurisdiction
- Arresting officials cannot be charged
over military personnel who committed
within three days from arrest
service-connected offenses
- The mere privilege is the one
- Commonwealth Act No. 408 (Articles of
suspended
War)
Effects of Martial law
Pardoning Power
- Arrest and seizure without judicial
-Also Known as power of executive
warrants
clemency
- Ban on public assemblies
- Takeover of news and media agencies 1. Reprieves
and press censorship 2. Commutations
- Issuance of Presidential Decree 3. Pardons
(Presidential Legislation) 4. Amnesty
5. Parole
6. Remission of Fines and forfeitures
Declaration of Martial Law Does Not: ( fines may be condoned)

1. Suspend the operation of the Reprieves- A temporary relief from or

constitution postponement of execution of criminal penalty
2. Supplant the functioning of civil or sentence or a stay of execution
courts or congress, nor authorize
Commutation- Reduction of sentence
the conferment of jurisdiction on
military courts over civilians where Parole-The suspension of the sentence of a
civilian courts are able to function convict granted by a parole board after serving
(Open Court Doctrine) the minimum term of the indeterminate
3. Automatically suspend the privilege sentence penalty
of the writ of habeas corpus . Right
to bail is not denied or impaired Pardons
4. Prohibit other remedies (Anti-  Permanent cancellation of sentence
torture act, Writ of Ampare, UDHR)  Can either be plenary or partial
-Plenary – Extinguishes all penalties
imposed upon the offender and
Four ways for the proclamation of accessory penalties
Martial law to be lifted -Partial- Does not extinguish all
penalties
- Lifting by the President himself
 Can either be conditional or absolute
- Revocation by the congress
- Conditional – the offender has the right
- Nullification by the Supreme Court
to reject the same since he may feel
- Operation of Law after 60 days
that the condition imposed is more
 onerous than the penalty sought to be 3. Maintain Diplomatic relations
remitted 4. Enter into treaties
- Absolute – Pardonee has no option at 5. Transact the business of foreign
all and just accept it whether he likes it relations
or not. In this sense, an absolute pardon
Who Ratifies Treaties?
is similar to commutation, which is also
not subject to acceptance by the - It is the President- the Senate merely
offender.(Civil rights is restored) concurs on the treaties being entered
into by the President
Limitations of Executive Clemency)
- President cannot be compelled to
- Cannot be for impeachment submit a treaty to senate for
- Cannot be granted in cases of violation concurrence
of election laws without the favorable
recommendation of the COMELEC
- Can be granted only after conviction by
final judgement
- Cannot absolve the convict of civil
liability
- Cannot be granted to cases of legislative
contempt or civil contempt
- Cannot restore public offices forfeited,
even if pardon restores the eligibility for
said offices( different if innocent- will be
restored to office and with backwages)
- Cannot be exercised in administrative
cases in the judicial and legislative
branches( can be in administrative cases
in the executive)

Diplomatic Power

- President as the Chief Architect of

Foreign Policy
- President acts as the Country’s
mouthpiece with respect to
international affairs
- The President is free to choose whether
he will enter into a treaty or executive
government

The President is vested with the Authority

to:

1. Deal with foreign states and

government
2. Extend or withhold recognition
 Sec 20- The President may contract or
guarantee foreign loans on behalf of the
Republic of the Philippines with the prior
concurrence of the monetary board and subject
to such limitations as may be provided by law

-in the case of marine mammals, the Secretary

of finance was the one who was allowed to sign
for the borrowing of funds under the alter-ego
doctrine

Alter ego doctrine- assigned offices/ persons

can be the alter-ego of the President and shall
be liable for acts that will root from decisions
made by them

Power of Impoundment

- Refusal by the President for whatever

reason to spend funds made available
by congress
- Do not confuse it with the power of
augmentation- there must be savings
The Power to enter into a treaty carries with and there is a law authorizing it
it the power to unilaterally withdraw from a
The Informing Power
treaty ( Pangilinan v Cayetano )
- Section 23: The President shall Address
- When the treaty is unconstitutional or
the Congress at the opening if its
contrary to law
regular session. He may also appear
- For all treaties for that matter
before it at any other time
When is Unilateral withdrawal not allowed?

- When the withdrawal itself will be

Residual powers
contrary to a statute , or to a legislative
authority to negotiate and enter into a - To protect the general welfare of the
treaty, or an existing law which people
implements a treaty. - Founded on duty of President as
- Where the Senate’s concurrence steward of the people
imposes as a condition the same - Includes powers unrelated to execution
concurrence for withdrawal, the of any provision of law
President enjoys no unilateral authority - Contemplates whatever power inherent
to withdraw, and must then secure in the government that is neither
senate concurrence legislative nor judicial has to be
executive
Borrowing Powers
- To do anything not otherwise prohibited
by the constitution
-