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Constitutional Law I | 1st Sem 2015 | Atty.

Chan-Gonzaga

CONSTITUTIONAL LAW I
Introduction: Philippine Constitutionalism, Birth
Pangs and Traumatic Growth

Early Organic Acts


o Constitution: written instrument by which fundamental
powers of government are established, limited, & defined
Both a grant and a limitation of govt authority
Supreme written law of the land
Body of rules resulting from the interpretation by a
high court, of cases in which the validity of some
act of govt power has been challenged
o Organic documents enacted by US:
I. President McKinleys Instruction to the 2nd
Philippine Commission
II. Philippine Bill of 1902
III. Philippine Autonomy Act of 1916 (Jones Law)
o Tydings-McDuffie Law
March 24, 1934
Provided for the establishment of a Commonwealth
Government
Constitution to be drafted and ratified by Filipino
people
o Classifications of constitution
1. Normative constitution
Norms-directed govt action
Govt habitually adjusts its actions to norms
Like a suit that fits and is actually worn
2. Nominal constitution
Cannot yet be fully operative because of
existing socio-economic conditions
Principal value: educational
Points towards the mature state to which a
fledgling polity must grow
Like a suit that is in storage waiting for the
wearer to grow to proper size
3. Semantic constitution
A tool for the perpetuation of power in the
hands of power holders
Not a suit but a disguise
o Divisions of provisions in a constitutional document
1. Constitution of government
Set up the govt structure
Articles 6 to 10
2. Constitution of liberty
Individual fundamental liberties against
government abuse
Article 3
3. Constitution of sovereignty
Outline the process whereby the sovereign
people may change the constitution
Article 17
The 1935 Constitution
o Constitutional Convention
Created under Tydings-McDuffie Law
July 30, 1934 to February 8, 1935
May 14, 1935: ratified by Filipino electorate
Nov 15, 1935: establishment of Commonwealth
Government; constitution became operative
o July 4, 1946: Philippine Independence

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The 1973 Constitution


o Constitutional Convention: June 1, 1971
Sept 21, 1972: Martial Law
Jan 17, 1973: ratified through a plebiscite
Proclamation No 1102: constitution has been
ratified by Citizens Assembly
Plebiscite: a vote by the electorate
determining public opinion on a question of
national importance
Javellana v Executive Secretary
1. SC ruled: there is no further judicial obstacle
to the new Constitution being considered in
force and effect
2. Executive Department, with vigor and all
resources at its command, proceeded to
implement it
3. Legislative Department was nowhere to be
found to object
4. Ordinary mortals lived and found their
fortunes (and misfortunes) under the new
Constitution
Interim Batas Pambansa: Prime Minister Cesar
Virata
Amendment 6: depart from parliamentary and
centralize all powers to the President (PDs treated
as statutes)
Regular Batas Pambansa
The Freedom Constitution
o Executive and legislative powers exercised by President
until the new Constitution
o Feb 26, 1986: Cory Aquino proclaimed as 1st woman
president
o March 25, 1986: promulgated
o Interregnum: February 25 to March 24
o Proclamation No 3: Provisional Constitution designed to
enable Cory to meet the peoples challenge
The 1987 Constitution
o Feb 2, 1987: ratified through plebiscite
o Constitutional Commission
Not less than 30 nor more than 50 natural-born
citizens of the Philippines
Recognized probity, known for their independence,
nationalism, and patriotism
Chosen by the President after the consultation with
various sectors of society
o No successful attempts to amend or revise

Constitutional Law I | 1st Sem 2015 | Atty. Chan-Gonzaga

Preamble

We, the sovereign Filipino people, imploring the aid of Almighty


God, in order to build a just and humane society and establish a
government that shall embody our ideals and aspirations,
promote the common good, conserve and develop our patrimony,
and secure to ourselves and our posterity the blessings of
independence and democracy under the rule of law and a regime
of truth, justice, freedom, love, equality, and peace, do ordain and
promulgate this Constitution.
Not a source of rights or obligations
Sets down origin, scope, and purpose of the Constitution
Used as an aid in ascertaining the meaning of ambiguous
provisions
Patrimony: birth right
Posterity: future generations
Authorship: sovereign Filipino people
Scope and purpose: to build a just and humane society and to
establish a government that shall embody our ideals and
aspirations, promote the common good, conserve and develop
our patrimony, and secure to ourselves and our posterity the
blessings of independence and democracy under the rule of
law and a regime of truth, justice, freedom, love, equality and
peace
Almighty God: invocation of God is also a signal that, while
church and state are institutionally separate, God and people
are not
Common good: social order that enables every citizen to
attain his or her fullest development economically, politically,
culturally, and spiritually
Equality: emphasizes that a major problem in Philippine
society is the prevalence of gross economic and political
inequalities
Love: monument to the love that prevented the bloodshed in
February Revolution
Truth: protest against previous regimes deception
Peace: fruit of convergence of truth, justice, freedom, and
love
Rule of Law: concept that government officials have only the
authority given and defined by law; such authority continues
only with the consent of the people

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Article I: The National Territory

SEC 1: The national territory comprises the Philippine


archipelago, with all the islands and waters embraced therein,
and all other territories over which the Philippines has
sovereignty or jurisdiction, consisting of its terrestrial, fluvial
and areal domains, including its territorial sea, the seabed, the
subsoil, the insular shelves, and other submarine areas. The
waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form
part of the internal waters of the Philippines.
Magallona v Ermita (validity of RA 9255)
o Absent an UNCLOS III compliant baselines law, the
Philippines will find itself devoid of internationally
acceptable baselines where the breadth of its maritime
zones and continental shelf is measured.
Sends open invitation to seafaring powers to freely
enter and exploit resources in waters and submarine
areas around the Philippines
Weakens countrys case in any dispute over
Philippine maritime space
o RA 9522 optimized location of base points which
increased the Philippines total maritime space.
o Acquisition of territory:
Occupation, accretion, cession, prescription
o Does not convert internal waters to archipelagic waters
Internal waters: not subject to innocent passage
Archipelagic waters: subject to innocent passage
PHs Statement of Claim Re: West Philippine Sea
o The Philippines requested that the Arbitral Tribunal
issue an Award that:
Requires China to bring its domestic legislation into
conformity with its obligations under UNCLOS;
Declares that Mischief Reef and McKennan reef
are submerged features that form part of the
Continental Shelf of the Philippines under Part VI
of the Convention, and that Chinas occupation of
and construction activities on them violates the
sovereign rights of the Philippines;
Requires that China end its occupation of and
activities on Mischief Reef, McKennan Reef, Gaven
Reef and Subi Reef;
Requires that China refrain from preventing
Philippine vessels from exploiting in a sustainable
manner the living resources in the waters adjacent
to Scarborough Shoal and Johnson Reef, and from
undertaking other activities inconsistent with the
Convention at or in the vicinity of these features;
Requires that China desist from these unlawful
activities
The South China Sea Dispute by Justice Antonio Carpio
o If UNCLOS does not apply to the South China Sea
dispute, as when Chinas 9-dashed lines are allowed to
gobble up the EEZs of coastal states as well as the high
seas, then UNCLOS, the constitution for the oceans and
seas, cannot also apply to any maritime dispute in the
rest of the oceans and seas of our planet. It will be the
beginning of the end for UNCLOS. The rule of the
naval canon will prevail in the oceans and seas of our
planet, no longer the rule of law. There will be a naval
arms race among coastal countries.
Philippine territory
Definition of a national territory should be placed in the
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Constitutional Law I | 1st Sem 2015 | Atty. Chan-Gonzaga

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constitution for preservation of national wealth, for national


security, and as a manifestation of our solidarity as a people
Archipelago: body of water studded with islands
o Philippine archipelago: delineated in Treaty of Paris
(Dec 10, 1898), modified by Treaty of Washington (Nov
7, 1900), and Treaty with Great Britain (Jan 2, 1930)
Territorial Sea: marginal belt of maritime waters adjacent to
the base lines extending 12 nautical miles outward
o Outside the territorial sea are the high seas
o Innocent passage: not prejudicial to interests of coastal
state nor contrary to recognized principles of IL
Internal Waters: waters around, between and connecting the
islands of the archipelago
o Not subject to innocent passage
o Archipelagic Principle: internal waters definition +
straight base line method
Baselines:
o Baseline Law: RA 9522
o Low water mark of an island/s which mark the end of
internal waters & the beginning of territorial sea
o Width of territorial sea is measured from the baseline
o Divide internal waters from territorial waters
o Straight baseline method
Drawing straight lines connecting appropriate
points on coast without departing to any
appreciable extent from general direction of coast
Insular shelf:
o (a) seabed and subsoil of submarine areas adjacent to the
coastal state but outside the territorial sea, to a depth of
200 m or beyond that limit, to where the depth allows
exploitation, and
o (b) seabed and subsoil of areas adjacent to islands
o Installations and corresponding safety zones with a
radius of 500 m can be erected

Constitutional Law I | 1st Sem 2015 | Atty. Chan-Gonzaga

Article II: Declaration of Principles & State


Policies

BCDA v CoA (Art 2 is not a source of rights)


o Art II of the Constitution is a statement of general
ideological principles and policies, it is not a source of
enforceable rights.
o Sec 5 and 18, as invoked, are not self-executing
provisions.
Statement of the basic ideological principles and policies that
underlie the Constitution
Shed light on the meaning of some provisions
Guide for all departments in implementing the constitution
Principles: binding rules which must be observed in the
conduct of government
o Not all are self-executory
o Sections 1 to 6
Policies: guidelines for the orientation of the state
o Some already anchor justiciable rights
o Sections 7 to 28
PRINCIPLES (Sec 1 to 6)
SEC 1: Philippines as a democratic and republican state
The Philippines is a democratic and republican state. Sovereignty
resides in the people and all government authority emanates from
them.
People v Gozo (auto-limitation)
o The Philippine government has not abdicated its
sovereignty over the bases as part of the Philippine
territory or divested itself completely of jurisdiction
over offenses committed therein.
o The government merely consents that the United States
exercise jurisdiction in certain cases.
Co Kim Cham v Valdez Tan Keh (de facto govt)
o Judicial acts & proceedings of court of justice of de facto
governments, which are not of a political complexion,
are good & valid by virtue of the principle of postliminy.
o The fact that a territory which has been occupied by an
enemy comes again into the power of its legitimate
government or sovereignty, does not wipe out the effects
of acts done by an invader.
In Re: Letter of Assoc Justice Puno (revolutionary govt)
o The locus of positive law-making power lies with the
people of the state and from there is derived the right of
people to abolish, reform and alter any existing form of
government without regard to existing the constitution.
Republic v Sandiganbayan (rights during interregnum)
o Revolutionary govt had duty to ensure that no one shall
be subjected to arbitrary or unlawful interference with
his privacy, family, home or correspondence.
o Orders during the interregnum were valid so long as
they did not exceed the authority of officers and are not
in violation of UDHR and ICCPR.
ACCFA v CUGCO (govt functions)
o Growing complexity of modern society has made
traditional classification of government functions
unrealistic, the government must undertake in its
sovereign capacity if it is to meet the increasing social
challenges of the times.
o Land reform program is beyond the capabilities of
private enterprise to translate into a reality making it
purely governmental function.

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PSPCA v CoA (quasi-public corporation; private but with


public character; charter test not applicable)
o Quasi-public corporations are private corporations that
render public service, supply public wants, or pursue
other eleemosynary (generous assistance to the poor)
objectives.
o True criterion to determine whether a corporation is
public or private is if the corporation is created by the
State as the latters own agency or instrumentality or
help in carrying out governmental functions, then that
corporation is considered public; otherwise, it is private.
A democratic and republican state
Elements of a state
1. People: community of persons sufficient in number and
capable of maintaining existence of a community, held
together by a common
No legal consequence if they possess diverse racial,
cultural, or economic interests
2. Territory: geographical area under the jurisdiction of
the state; must be permanent
3. Sovereignty:
exclusive
capacity
of
legal
self-determination and self-restriction
Legal sovereignty: supreme power to make law
Political sovereignty: sum total of all legal and
non-legal influences which determine course of law
4. Government: institution or aggregate of institutions by
which an independent society makes and carries out
rules of action
State v Nation
o State: legal concept
o Nation: ethnic concept
o Constitution uses them interchangeably
Kinds of states
o Republican state: govt authority emanates from the
people and is exercised by representatives chosen by the
people
Even authoritarian in nature so long as mandated
by people
o Democratic state: not only republican state but shares
some aspects of direct democracy (e.g. Initiative and
referendum)
Constitutional authoritarianism
o Assumption of extraordinary powers by the president
(legislative and judicial)
o Compatible with republican state if constitution is a
legitimate expression of peoples will and if Executive
received his office through valid election by people
o Prohibited by the 1987 Constitution
Sovereignty
People v Gozo (auto-limitation)
o Auto-limitation:
Any state may, by its consent, express or implied,
submit a restriction of its sovereign rights
Property of a state-force due to which it has the
exclusive capacity of legal self-determination and
self-restriction
State may choose to refrain from the exercise
of what otherwise is illimitable competence
At most there is diminution of jurisdictional rights,
not its disappearance

Constitutional Law I | 1st Sem 2015 | Atty. Chan-Gonzaga

Nature and functions of government


National scale: legislative, executive, and judiciary
Local scale: regional, provincial, city, municipal, and barrio
Administration: set of people running the government
Functions
o Useful when govt chooses not to operate through a
GOCC but through an unincorporated agency
o Enumeration is not static, growing complexities of
modern society has rendered this traditional
classification unrealistic
Ex: Housing as a governmental function but
undertaking water supply is considered a trade and
not a governmental activity
1. Constituent or Governmental: compulsory functions
which constitute the very bonds of society
Keeping order and providing for protection of
persons and property from violence and robbery
Fixing of legal relations between man and wife,
parents and children
Regulation of the holding, transmission, and
interchange of property, and determination of
liabilities for debt or crime
Determination of contract rights between
individuals
Definition and punishment of crime
Administration of justice in civil cases
Determination of political duties, privileged, and
relations of citizens
Dealings of the state with foreign powers:
preservation from external danger or encroachment
and advancement of its national interest
2. Ministrant or Proprietary: optional functions of
government intended for achieving a better life for the
community
Principles for determining whether government
shall exercise certain optional functions:
Govt should do for the public welfare which
private capital would not naturally undertake
Govt should do things which by its very
nature it is better equipped to administer for
the public welfare than is any private
individual or group of individuals

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Governments de jure and de facto


Classification according to legitimacy: de jure or de facto
o Status in international law depends on recognition it
receives or does not receive from community of nations
o De jure
Established by authority of legitimate soveriegn
Govt under Cory Aquino and the Freedom
Constitution
Established by authority of the legitimate
sovereign, the people
Bound by no constitution or legal limitations
except treaty obligations
Interregnum: time between 2 governments
o Feb 25, 1986 to March 24, 1986
o Republic v Sandiganbayan (rights during
interregnum)
Bill of Rights: inoperative
ICCPR & UDHR: remained in effect
o De facto
Established in defiance of the legitimate sovereign
Kinds
1. Government that gets possession and control of,
or usurps, by force or by voice of majority
o By means of coup detat, revolutions, etc;
o Purely domestic
2. Established and maintained by invading
military forces
o External or foreign forces
o With coercive force or violence
3. Established as an independent government by
the inhabitants of a country who rise in
insurrection against the parent state
o Rebellion against colonial forces
Cases
o Co Kim Cham v Valdez Tan Keh (de facto government)
3 classifications of de facto government
Government under Japan
o Philippine Executive Commission (PEC)
under the 2nd type because ultimate
source of authority is Japanese military
and government
o Republic of the Philippines (RP) under
the 3rd type because it was against the US
Postliminy: right by virtue of which persons and
things taken by an enemy in war are restored to
their former state when coming again under the
power of the nation to which they belonged
Judicial and legislative acts of de facto governments
which are not of a political complexion, are and
remain valid after reoccupation of a territory
occupied by a belligerent occupant
o In Re: Letter of Associate Justice Reynato Puno
(revolutionary government)
Revolution: complete overthrow of the established
government in any country or state by those who
were previously subject to it
3 clauses of Freedom Constitution: govt did not
take its mandate from Congress but from the people
o Republic v Sandiganbayan (rights during interregnum)

Constitutional Law I | 1st Sem 2015 | Atty. Chan-Gonzaga

Patterns of government
Presidentialism
o Separation of powers
Allocation of 3 powers in 3 branches
Each branch is supreme in concerns falling under it
Establishing equilibrium among the 3 power
holders will result in harmony
No power concentration, tyranny will be avoided
Parliamentarism
o Characteristics:
1. Members of govt or cabinet or executive arm are
simultaneously members of legislature
2. Govt or cabinet consisting of political leaders of
majority party or of a coalition who are also
members of legislature is in effect, a committee of
the legislature
3. Govt or cabinet remains in power only for as long
as it enjoys support of majority of legislature
4. Both govt and legislature are possessed of control
devices with which each can demand of the other
immediate political responsibility
Legislature: vote of non-confidence whereby
govt can be ousted
Govt: power to dissolve legislature and call for
new elections
Philippines never really experienced parliamentary because
under Marcos, it was still presidential as president remained
to be preeminent
o Full control over Prime Minister
o Control over ministries
Transition from Estrada to Arroyo only involved change in
administration but not in government

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SEC 2: International law and Philippine municipal law


The Philippines renounces war as an instrument of national
policy, adopts the generally accepted principles of international
law as part of the law of the land and adheres to the policy of
peace, equality, justice, freedom, cooperation, and amity with all
nations.
Tanada v Angara (GATT-WTO)
o The sovereignty of a state cannot in fact and in reality be
considered absolute, certain restrictions enter into the
picture: (1) limitations imposed by the very nature of
membership in the family of nations, and (2) limitations
imposed by treaty stipulations.
Pharmaceutical and Health Care Association v DOH
(World Health assemble guidelines, not a treaty)
o Transformation: No treaty or international agreement
shall be valid and effective unless concurred in by at least
2/3 of all the members of the Senate, they must be
transformed into municipal law that can be applied to
domestic conflicts.
o Incorporation: Generally accepted principles of
international law, by virtue of incorporation clause of
Constitution, form part of laws of the land even if they
do not derive from treaty obligations (e.g. Renunciation
of war as an instrument of national policy, right to life,
liberty, and due process, and pacta sunt servanda)
Llamzon Article
o In theory: customary international law is automatically a
part of Philippine internal law; direct source of rights
and obligations without need for statutory confirmation
o In practice: customary international law is identified and
applied to resolve concrete cases in the Philippines
o Articles contribution: rules governing the incorporation
of international law in Philippine courts for a consistent
use of customary international law
Renunciation of war
Renounces wars of aggression (inspired Kellogg-Briand Pact)
Waging a defensive war is the very essence of sovereignty
Adoption of international law
1. Doctrine of Transformation
o International law can become part of municipal law only
if it is transformed into domestic law through
appropriate constitutional machinery
o Treaties or international agreements must be concurred
in by at least 2/3 of all the members of the Senate
o e.g. Treaties, Human Rights instruments
2. Doctrine of Incorporation
o International law has the same force with that of
domestic law
o Only applies to customary laws and to treaties which
have become part of customary law
Ex. Prohibition against torture
o Problem: matter of determining what these generally
accepted principles of international law are which the
Philippines accepts
Adherence to policy of peace, freedom, amity
Guiding principle of Philippine foreign policy
Does not expressly manifest the intent to establish diplomatic
and other relations with all nations irrespective of ideology
Decision to establish or not such relations remains a policy
question addressed to the discretion of political departments
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Constitutional Law I | 1st Sem 2015 | Atty. Chan-Gonzaga

SEC 3: Civilian supremacy


Civilian authority is at all times, supreme and over the military.
The Armed Forces of the Philippines is the protector of the
people and the state. Its goal is to secure the sovereignty of the
state and the integrity of the national territory.
IBP v Zamora (deployment of marines)
o The Philippine experience reveals that it is not averse to
requesting the assistance of the military in the
implementation and execution of certain traditionally
civil functions.
o Deployment of the Marines to assist the PNP does not
unmake the civilian character of the police force.
Civilian authority and the role of the military
Context in framing 1987 Constitution: waning of faith on
civilian authority when they used military elements for
furthering self-interests and when military officers began
allowing themselves to be used
Role of the armed forces
Necessity to put the positive role of the AFP in the
Constitution given the 1986 EDSA Revolution context
Two thoughts: disapproval of military abuses and
guardianship of state sovereignty
Armed forces can be legitimate instrument for the overthrow
of a civilian govt that ceased to be a servant of the people
Civilian supremacy: sovereignty of the sovereign people and
not supremacy of civilian officers
SEC 4: Duty of the government to the people
The prime duty of the government is to serve and protect the
people. The government may call upon the people to defend the
state and, in the fulfillment thereof, all citizens may be required,
under conditions provided by law, to render personal, military, or
civil service.
Compulsory military & civil service; protection of people &
state
People v. Lagman
o Prosecuted failed to register for military service under
National Defense Act
o Prosecuted assailed validity of National Defense Act
o Right of government to require compulsory military
service is a consequence of its duty to defend the state &
is reciprocal with its duty to defend life, liberty, &
property of citizens
People v. Manayao
o During war, citizens cannot be considered free to cast off
their loyalty and obligation towards the state
Citizens duty: defend state vs internal & external aggression
SEC 5: Maintenance of peace and order
The maintenance of peace and order, the protection of life,
liberty, and property, and the promotion of the general welfare,
are essential for the enjoyment by all the people of the blessings
of democracy.

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STATE POLICIES (Sec 7 to 28)


SEC 7: Independent foreign policy
The state shall pursue an independent foreign policy. In its
relations with other states the paramount consideration shall be
national sovereignty, territorial integrity, national interest, and
the right to self-determination.
Lim v Executive Secretary (VFA; President & foreign
relations)
o Provisions of a treaty are always subject to qualification
or amendment by a subsequent law, or that it is subject to
the police power of the State. The Constitution
authorizes the nullification of a treaty, not only when it
conflicts with the fundamental law, but also, when it runs
counter to an act of Congress.
o Constitution regulates the foreign relations powers of
the Chief Executive when it provides that no treaty or
international agreement shall be valid and effective
unless concurred in by at least 2/3 of all the members of
the Senate.
o SC is not a trier of facts, it cannot take judicial notice of
events transpiring in Mindanao when facts are not
established in accordance with rules of evidence.
An independent foreign policy
Closest reference to military bases
No foreign military bases, troops or facilities shall be allowed
in Philippine territory
4 Points to consider in foreign policy
1. National sovereignty
2. Territorial integrity
3. Right to self-determination
4. National interest
SEC 8: Freedom from nuclear weapons
The Philippines, consistent with the national interest, adopts and
pursues a policy of freedom from nuclear weapons in its
territory.
A policy of freedom from nuclear weapons
Ban is only on nuclear arms (i.e. Use and stockpiling of
nuclear weapons, devices, and parts thereof)
Not a ban on peaceful uses of nuclear energy or
nuclear-capable vessels
Whether or not to allow nuclear weapons would be decided on
the basis of what is best for the national interest
SEC 9: Social order
The state shall promote a just and dynamic social order that will
ensure the prosperity and independence of the nation and free
the people from poverty through policies that provide adequate
social services, promote full employment, a rising standard of
living, and an improved quality of life for all.

Peace and order, general welfare


Hierarchy of rights: life > liberty > property
SEC 6: Separation of church and state
The separation of church and the state shall be inviolable.

Constitutional Law I | 1st Sem 2015 | Atty. Chan-Gonzaga

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SEC 10: Social justice


The state shall promote social justice in all phases of national
development.

SEC 11: Personal dignity and human rights


The state values the dignity of every human person and
guarantees full respect for human rights.

Tondo Medical v CA (not self-executory provision)


o The sections found under Art II of the 1987
Constitution are non self-executing and such broad
principles need legislative enactments before they can be
implemented.
o Sec 5, 9, 10, 11, 13, 15, and 18 of Art II, as invoked by
petitioners, are non self-executing.
Social justice
Poverty and gross inequality assault the dignity of the human
person
Social justice: equalization of economic, political, and social
opportunities with special emphasis on the duty of the state to
tilt the balance of social forces by favoring the disadvantaged
in life
Tondo Medical v CA (not self-executory provision)
o Chico-Nazario, J
o General rule: provisions in the Constitution are
considered self-executing
Do not require future legislation for enforcement
If they are not treated as self-executing, the
mandate of the fundamental law can be easily
nullified by the inaction of Congress
Exception: provisions in Art II are generally
non-self executing except for Sec 16
o Articles invoked by petitioners are moral incentives for
legislation rather than judicially enforceable rights

SEC 12: Family life, mother, unborn


The state recognizes sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. It
shall equally protect the life of the mother and the life of the
unborn from conception. The natural and primary right and duty
of parents in the rearing of the youth for civic efficiency and the
development of moral character shall receive support of the
government.
SEC 13: Vital role of the youth
The state recognizes the vital role of the youth in nation
building and shall promote and protect their physical, moral,
spiritual, intellectual, and social well-being. It shall inculcate in
the youth patriotism and nationalism, and encourage their
involvement in public and civic affairs.
Sec 12
Roe v Wade (right to life v abortion policy)
o The state has an important and legitimate interest in
preserving and protecting the health of the pregnant
woman who seeks medical consultation and treatment
and that it has still another important and legitimate
interest in protecting the potentiality of human life.
o USA: Allowing abortion anytime within first 6 mo of
pregnancy provided it can be done w/o danger to mother
Wisconsin v Yoder (compulsory education)
o The states interest in universal education is not totally
free from a balancing process when it impinges on other
fundamental rights.
o Conviction for violating compulsory school attendance
despite claims of Amish that it is contrary to religion.
Ginsberg v New York (parens patriae)
o State has an independent interest in protecting the
welfare of children and safeguarding them from abuses.
o Selling of pornographic materials to underage.
Orceo v COMELEC (rights are not absolute and can be
restricted by the government)
o Even constitutional freedoms are not absolute and they
may be abridged to some extent to serve appropriate and
important interests.
o Carrying of air-soft guns prohibited during elections.
Family and the unborn
Family: stable heterosexual relationship; NOT a creature of
the State rather, its anterior
Protection for the unborn is NOT an assertion that:
o Unborn is a legal person
o Life of the unborn is placed exactly on the level of the
life of the mother; when necessary to save the life of the
mother, the life of the unborn may be sacrificed
o Protection begins from conception > specification aims
to prevent the Philippines from liberalizing abortion
Education
Primary and natural right belongs to the parents
Parens patriae
State as protector of peoples rights
State has the authority and duty to step in where parents fail
to or are unable to cope with their duties to their children
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Constitutional Law I | 1st Sem 2015 | Atty. Chan-Gonzaga

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SEC 14: Role of women and equality of men and women


The state recognizes the role of women in nation-building, and
shall ensure the fundamental equality before the law of women
and men.

SEC 16: Right to a balanced and healthful ecology


The state shall protect and advance the right of the people to a
balanced and healthful ecology in accord with the rhythm and
harmony of nature.

Convention on the Elimination of Discrimination Against


Women
o Often described as an international bill of rights for
women defining what constitutes discrimination against
women and sets up an agenda for national action to end
such discrimination.
o Discrimination against women: any distinction, exclusion
or restriction made on the basis of sex which has the
effect or purpose of impairing or nullifying the
recognition, enjoyment or exercise by women of human
rights and fundamental freedoms in the political,
economic, social, cultural, civil or any other field
The Magna Carta of Women
o All rights in the Constitution and those rights
recognized under international instruments duly signed
and ratified by the Philippines, in consonance with
Philippine law, shall be rights of women under this Act
to be enjoyed without discrimination.

Oposa v Factoran (inter-generational justice and


responsibility)
o Sec 16, Art II is an enforceable right. Personality to sue
in behalf of the succeeding generations can only be
based on the concept of intergenerational responsibility.
Every generation has a responsibility to the next to
preserve the rhythm and harmony of nature for the full
enjoyment of a balanced and healthful ecology.
LLDA v CA (water pollution)
o Sec 16, Art II is an enforceable right.
o The Constitution recognizes health as a fundamental
right, and as a constitutionally guaranteed right of every
person, it carries the correlative duty of non-impariment
o Assoc. Justice Feliciano: Stopping the continuous
discharge of pollutive & untreated effluents into rivers
and other inland waters cannot be made to wait until
protracted litigation over the ultimate correctness or
propriety of such orders has run its full course.

Equality of men and women


Fundamental equality of women and men before the law
No intent to advocate absolute sameness because there are
obvious biological differences between men and women
Intent was not to achieve an ipso facto repeal of laws offensive
to equality but merely to give a push to statutory legislation
that would eliminate the inequalities found in existing law

Right to a balanced ecology


Inter-generational responsibility: right of
present
generation to sue in its behalf and in behalf of the succeeding
generations for the protection of the environment
Sec 16 recognizes an enforceable right

SEC 15: Right to health


The state shall protect and promote the right to health of the
people and instill health consciousness among them.

SEC 17: Education, science & technology, arts, culture, and sports
The state shall give priority to education, science and technology,
arts, culture, and sports to foster patriotism and nationalism,
accelerate social progress, and promote total human liberation
and development

Imbong v Ochoa (RH Law)


o Sec 15, Art II is self-executing. Unless contrary is clearly
intended, the provisions of the Constitution should be
considered self-executing, as a contrary rule would give
the legislature discretion to determine when, or whether,
they shall be effective.

SEC 18: Labor protection


The state affirms labor as a primary social economic force. It
shall protect the rights of workers and promote their welfare.

Protect and promote right to health


Protect: putting in place mechanisms which will protect
human rights
Promote: awareness raising, capacity-building

SEC 19: Self-reliant and independent national economy


The state shall develop a self-reliant and independent national
economy effectively controlled by Filipinos.

A primary social economic force: human factor has primacy


over non-human factors in production

Garcia v BOI (independent policy)


o Every provision in the Constitution on the national
economy and patrimony is infused with the spirit of
national interest.
o The non-alienation of natural resources, States full
control over development and utilization of scarce
resources, agreements with foreigners being based on
real contributions to economic growth and general
welfare of the country and the regulation of foreign
investments in accordance with national goals and
priorities are too explicit not to be noticed and
understood.

Constitutional Law I | 1st Sem 2015 | Atty. Chan-Gonzaga

Kat Nieto | Block B 2019

SEC 20: Role of private sector


The state recognizes the indispensable role of the private sector,
encourages private enterprise, and provides incentives to needed
investments

SEC 27: Honesty and integrity in public service


The state shall maintain honesty and integrity in the public
service and take positive and effective measures against graft and
corruption.

Nationalist economy and private initiative


2 pillars of economic policy of the Constitution

SEC 28: Full public disclosure


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

SEC 21: Promotion of comprehensive rural and agrarian policy


The state shall promote comprehensive rural development and
agrarian reform.
SEC 22: Promotion of rights of indigenous cultural communities
The state recognizes and promotes the rights of indigenous
cultural communities within the framework of national unity and
development.
SEC 23: Community-based private organizations
The state shall encourage non-governmental, community-based,
or sectoral organizations that promote the welfare of the nation.
SEC 24: Vital role of communications
The state recognizes the vital role of communication and
information in nation-building.
SEC 25: Local autonomy
The state shall ensure the autonomy of local governments.
Navarro v Ermita
o Consistent with the declared policy to provide LGUs
genuine and meaningful local autonomy, contiguity and
minimum land area requirements for prospective LGUs
should be liberally construed in order to achieve the
desired results.
Salient criteria for autonomy
1. Autonomy should be compatible with national goals
2. Autonomy should ensure the widest participation and initiative
to the LGU
3. Autonomy should assure the development of self-reliant
communities
SEC 26: Equal access to political opportunities and political dynasties
The state shall guarantee equal access to opportunities for public
service, and prohibit political dynasties as may be defined by law.
Pamatong v COMELEC (mere privilege, not a right)
o Sec 26, Art II neither bestows the constitutional right to
run for or hold public office nor elevates the privilege to
the level of an enforceable right.
o The provision does not contain any judicially enforceable
constitutional right but merely specifies a guideline for
legislative or executive action.
o The privileged of equal access to opportunities to public
office may be subjected to limitations.
Equal access to public service
Provision is not self-executory, it merely specifies guidelines
for legislative or executive action
It is within the power of state to limit the number of qualified
candidates only to those who can afford to wage a nationwide
campaign and/or are nominated by political parties
Definition of political dynasties has been left for Congress to
define

Neri v Senate (executive privilege)


o The right of Congress or any of its committees to
obtain information in aid of legislation cannot be equated
with the peoples right to public information. The former
cannot claim that every legislative inquiry is an exercise
of the peoples right to information.
Pollo v Constantino-David (requirement of privacy rights)
o Government employees have no legitimate expectation
of privacy as to the use and contents of their office
computer; therefore, evidence found during warrantless
search of computer is admissible in prosecution.
o A public employer can investigate work-related
misconduct so long as any search is justified at inception
and is reasonably related in scope to the circumstances
that justified it in the first place.
PS Bank & Garcia v Senate Impeachment Court (secrecy
of foreign currency deposit)
o The case involves the issue of privacy of the foreign
bank accounts of former CJ Corona with PSBank.
o Main issue of whether the Impeachment Court acted
arbitrarily when it issued the assailed subpoena to obtain
information concerning the subject foreign currency
deposits notwithstanding the confidentiality of such
deposits under RA 6426 has been overtaken by events.
In Re: Production of Court Records (rule laid down for
disclosure of court documents)
o The Court has adopted a policy of transparency with
respect to documents in its possession or custody (any
paper, record, order, judgment, or entry in office);
therefore, it grants access to court records to any person,
subject to payment of fees. The grant is subject to the
limitations and laws and the Courts own rules provide.
o Confidential Court records include:
Court actions: result of raffling, actions taken by
Court on each case
Court deliberations: delibs of the Members in court
sessions on cases and matters pending before it
Court records: pre-decisional and deliberative (e.g.
Notes, drafts, research papers, internal discussions
or memoranda, and similar papers)
Confidential information
Records of cases that are still pending for decision
Disqualification of public officials by reason of
privileged communication
Executive privilege
US v Nixon
1. Protected communication must relate to quintessential
and non-delegable presidential power
2. Must be authored, solicited, and received by close
adviser of President or President himself
3. May be overcome by a showing of adequate need and by
unavailability of information elsewhere by an
appropriate investigating authority
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Constitutional Law I | 1st Sem 2015 | Atty. Chan-Gonzaga

Article VI: Legislative Department


SEC 1: Legislative power
The legislative power shall be vested in the Congress of the
Philippines which shall consist of a Senate and a House of
Representatives, except to the extent reserved to the people by
the provision of initiative and referendum.
Garcia v COMELEC
o The Constitution includes not only ordinances but also
resolutions as appropriate subjects of local initiatives.
o Derivative legislative power is that which has been
delegated by the sovereign people to legislative bodies
and is subordinate to the original power of the people.
o It is not material that the decision of the municipality of
Morong for the inclusion came in the form of a
resolution for what matters is its enduring effect on the
welfare of the people of Morong.
Delegation to LGUs and administrative bodies
Rubi v Provincial Board of Mindoro (LGU)
o True distinction bet delegation of power to make law,
which necessarily involves a discretion as to what it shall
be, and conferring an authority or discretion as to its
execution, to be exercised under & in pursuance of law
(content vs execution).
o An exception to the general rule of non-delegation
permits the central legislative body to delegate
legislative powers to local authorities.
Local authorities are better qualified to judge the
needs of their respective jurisdictions.
Valid Delegation
Employees Confederation v NWC
o With the proliferation of specialized activities and their
attendant peculiar problems, the national legislature has
found it more necessary to entrust to administrative
agencies the power of subordinate legislation.
o Act is meant to rationalize wages by having permanent
boards to decide wages than leaving wage determination
to Congress year after year and law after law.
SEC v Interport (absence of IRR)
o Mere absence of implementing rules cannot effectively
invalidate provisions of law, where a reasonable
construction that will support the law may be given.
o To rule that the absence of IRR can render ineffective an
act of Congress would empower the administrative
bodies to defeat the legislative will by delaying IRR.
o IRRs cannot assert for themselves a more extensive
prerogative or deviate from the mandate of the statute
o Where the statute contains sufficient standards and an
unmistakable intent, there should be no impediment to
its implementation.
Valid delegation: requisites of a valid delegation
Free Telephone Workers Union v Minister of Labor
(assumption of jurisdiction in labor dispute)
o To determine whether or not there is an undue
delegation of legislative power, inquiry must be directed
to the scope and definiteness of the measure enacted.
o A standard defines legislative policy, marks its limits,
maps out its boundaries and specifies the public agency
to apply it.
o What is delegated is authority non-legislative in
character, the completeness of the statute when it leaves

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the hands of Congress being assumed.


Valid delegation: fixes a standard
Eastern Shipping Lines v POEA (discretion as to
substantive contents)
o Administrative bodies may implement the broad policies
laid down in a statute by filling in the details which the
Congress may not have the opportunity of competence
to provide.
o Memorandum Circular No 2 which prescribes a model
contract has been applied in a significant number of
cases without challenge by employers.
Standard: to protect the rights of overseas Filipino
workers to fair and equitable employment
practices
Tablarin v Gutierrez (establishment of medical
educational requirements)
o The standard does not have to be spelled out specifically,
it being implied from the policy and purpose of the act
considered as a whole.
o Adding the NMAT as a requirement for medial school
applicants is well within the authority of the Board of
Medical Education.
Standard: standardization and regularization of
medial education
People v Rosenthal (standard of public interest)
o An Act will not be declared inoperative and ineffectual on
the ground that it furnishes no adequate means to secure
the purpose for which it is passed, if men of common
sense and reason can devise and provide the means, and
all the instrumentalities necessary for its execution are
within the reach of those intrusted therewith.
o "Public interest" in this case is a sufficient standard to
guide the Insular Treasurer in reaching a decision on a
matter pertaining to the issuance or cancellation of
certificates or permits.
Abakada v Ermita (ascertainment of facts)
o The legislature may delegate to executive officers or
bodies the power to determine certain facts or conditions,
or the happening of contingencies, on which the
operation of a statute is, by its terms, made to depend,
but the legislature must prescribe sufficient standards,
policies or limitations on their authority.
o Preliminary ascertainment of facts as basis for the
enactment of legislation is not of itself a legislative
function, but is simply ancillary to legislation.
o General rule barring delegation of legislative powers is
subject to the following recognized limitations or
exceptions:
(1) Delegation of tariff powers to the President
under Sec 28, Art VI,
(2) Delegation of emergency powers to the
President under Sec 23, Art VI,
(3) Delegation to the people at large
(4) Delegation to the local government, and
(5) Delegation to administrative bodies.

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Constitutional Law I | 1st Sem 2015 | Atty. Chan-Gonzaga

Valid delegation: filling in the details


Chiongbian v Orbos (authority to reorganize)
o A legislative standard neither needs to be expressed, it
may simply be gathered or implied, nor be found in the
law challenged because it may be embodied in other
statutes on the same subjects as that of the challenged
legislation.
o Standard is to be found in the same policy underlying the
grant to the President in RA 5435 of the power to
reorganize the Executive Department, to wit: "to
promote simplicity, economy and efficiency in the
government to enable it to pursue programs consistent
with national goals for accelerated social and economic
development and to improve the service in the
transaction of the public business."
Undue delegation
Cebu Oxygen & Acetylene Co. Inc v Drilon (IRR void)
o It is a fundamental rule that implementing rules cannot
add or detract from the provisions of law it is designed
to implement.
o The provisions of Republic Act No. 6640, do not
prohibit the crediting of CBA anniversary wage
increases for purposes of compliance with RA 6640.
People v Dacuycuy (power to fix term of imprisonment)
o When the courts are said to exercise a discretion, it must
be a mere legal discretion which is exercised in
discerning the course prescribed by law and which, when
discerned, it is the duty of the court to follow.
o Courts are not empowered to fix term of imprisonment
if Congress does not provide reference points.
People v Vera (discretion in implementation)
o The power to ascertain facts is such a power which may
be delegated as it is not legislative in nature.
o The efficiency of an Act as a declaration of legislative
will must come from Congress, but the ascertainment of
the contingency upon which the Act shall take effect may
be left to such agencies as it may designate.
o The legislature may provide a law that shall take effect
upon the happening of future specified contingencies
leaving to some other person or body the power to
determine when the specified contingency has arisen.
o No sufficient standards because full discretion of
implementing the law or not lies in the hands of
provincial board.
People v Maceren (delegation of power to declare what
acts constitute a crime)
o To declare what shall constitute a crime and how it shall
be punished is a power vested exclusively in the
legislature, and it may not be delegated to any other body
or agency.
COCOFED v Republic (UCPB shares distribution)
o A law is complete when it sets forth therein the policy to
be executed, carried out or implemented by the delegate.
o It lays down a sufficient standard when it specifies the
limits of the delegate's authority, announce the
legislative policy and identify the conditions under which
it is to be implemented.
Executive misapplication
Tatad v Secretary of Energy (OPSF fund)
o The exercise of delegated power is given a strict
scrutiny by courts for the delegate is a mere agent whose
action cannot infringe the terms of agency.

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o The Executive is bereft of any right to alter either by


subtraction or addition the standards set in RA 8180 for
it has no power to make laws.
Mere directive
Dagan v PRC (requisite of a valid administrative issuance)
o Validity of an administrative issuance hinges on
compliance with the following requisites:
1. Promulgation must be authorized by legislature
2. Must be promulgated in accordance with the
prescribed procedure
3. Must be within the scope of the authority given by
the legislature
4. Must be reasonable
o Delegation made in PD is valid, Philracom did not
exceed its authority and issuances are fair and reasonable.
Legislative power
Authority to make laws and to alter or repeal them
Advantages of bicameralism
1. Body with a national perspective to check the parochial
tendency of representatives elected by district
2. Allows for a more careful study of legislation
3. Makes the legislature less susceptible to control by the
Executive
4. Serves as a training ground for national leaders
Advantages of unicameralism
o Simplicity in organization = economic and efficient;
facility in pinpointing responsibility for legislation,
avoidance of duplication
Kinds of Legislative Power
I. Original and Derivative
1. Original - possessed by the sovereign people
2. Derivative - delegative by the sovereign people to
legislative bodies and is subordinate to the original
power of the people
II. Constituent and Ordinary
1. Constituent - power to amend or revise the
Constitution
2. Ordinary - power to pass ordinary laws
People: constituent through amendatory process
and ordinary through initiative and referendum
2 Kinds of Limits on Legislative Powers
1. Substantive - curtail the the contents of a law
2. Procedural - curtail the manner of passing laws
Plenary Power: Congress may legislate on any subject matter,
but substantive and procedural limitations must be observed
Initiative and referendum
Initiative: a procedure by which a specified number of voters
may propose a statute, constitutional amendment, or
ordinance, and compel a popular vote on its adoption
o Power to propose amendments to the Constitution or
propose/enact legislation called for the purpose
Referendum: principle or practice of referring measures
proposed or passed by a legislative body to the vote of the
electorate for approval or rejection
o Power of electorate to approve or reject legislation
through an election called for that purpose
Quo warranto: requiring a person to show by what authority
he exercises a public office
Sec 32, Art VI:
o The Congress shall, as early as possible, provide for a
system of initiative and referendum, and the exceptions
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Constitutional Law I | 1st Sem 2015 | Atty. Chan-Gonzaga

therefrom, whereby the people can directly propose and enact


laws or approve or reject any act or law or part thereof passed
by the Congress or local legislative body after the registration
of a petition therefor signed by at least ten per centum of
the total number of registered voters, of which every
legislative district must be represented by at least three
per centum of the registered voters thereof.
o People have, in addition to constituent power, reserved
for themselves ordinary legislative power
o Purpose: institutionalize people power
Garcia v COMELEC
o Ultimate weapon of the people to negate government
malfeasance (wrongful conduct by a public official) and
misfeasance (doing a proper act in a wrongful or
injurious manner)
Non-delegability of legislative power
Ideas contributed to devt of non-delegability principle
1. Doctrine of separation of powers
2. Concept of due process of law which precludes the
transfer of regulatory functions to private persons
3. Delegata potestas non potest delegari: No delegated powers
can be further delegated
2 Theories Justifying Exceptions to Non-delegability
Principle
o Function performed by administrative is not law-making
but law-execution
1. Subordinate: Fill in the details of a statute (e.g. IRR)
Entrusting to the administrative agencies the
authority to issue rules to carry out general
provisions of the statute
2. Contingent: Legislation which leaves to another body the
business of ascertaining the facts necessary to bring the
law into actual operation (e.g. Determining if conditions
are present in order to pass a law)
2 Tests Ensuring Power Delegated is Not Law-Making
1. Completeness test - law must be complete in all its terms
& conditions, the only thing left for the delegate to do is
to enforce it; AND
2. Sufficient Standard Test - guidelines or limitations in law
to map out boundaries of delegates authority & prevent
delegation from running riot; parameters for executing
body to follow
o Statutory declaration of policy is necessary, it contains
the essence of every law; without it, there would be no
means to determine if delegate acted within or beyond
scope of his authority
Eastern Shipping Lines, Inc. v POEA
o Delegation of legislative power has become the rule and
its non-delegation the exception
Inability of Senate to address complex problems
which require specialization
Power of Subordinate Legislature:
Entrusting to the administrative agencies the
authority to issue rules to carry out general
provisions of the statute
Filling in details which are necessary for
implementation (ex. IRRs)
Penal rules
For an administrative regulation to have the force of a penal
law, it is necessary that such violation be made a crime by the
delegating statute itself that the penalty be provided by the
statute itself, and that the regulation be published

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Separation of powers in local governments


Separation of powers does not apply strictly between
executive and law-making body in local level
Local law-making body may be given executive functions
o Rules applicable to the empowerment of administrative
agencies also become applicable to local law-making body
People v Vera
o Invalid delegation of legislative power
o Principles for delegation to administrative agencies had
not been satisfied
o Provincial boards may be regarded as administrative
bodies
Exceptions to non-delegability principle:
o Article VI, Sec 23(2): Congress, in times of war and
other national emergency, is authorized to give to the
President powers necessary and proper to carry out a
declared national policy
o Sec 28(2): Congress is authorized to delegate the power
to fix tariff rates, import and export quotas, tonnage and
wharfage dues, and other duties and imposts
SEC 2: Composition and election of senate
The Senate shall be composed of 24 senators who shall be
elected at large by the qualified voters of the Philippines, as may
be provided by law.
SEC 3: Qualifications of senators
No person shall be a senator unless he is (1) a natural-born
citizen of the Philippines, and, (2) on the day of the election, is at
least 35 years of age, (3) able to read and write, (4) a registered
voter, and (5) a resident of the Philippines for not less than 2
years immediately preceding the day of the elections.
Sec 3
SJS v Dangerous Drugs Board (drug testing)
o Legislative power remains limited, it is subject to
substantive and constitutional limitations which
circumscribe both the exercise of the power itself and
the allowable subjects of legislation.
o COMELEC cannot validly impose qualifications on
candidates for senator in addition to what the
Constitution prescribes.
Qualifications of senators
1. Natural born citizen of the Philippines
2. At least 35 yrs old on the day of the election
3. Able to read and write
4. Registered voter
5. Resident of the Philippines for not less than 2 years
immediately preceding the day of the elections
SEC 4: Terms of Senators
The term of office of the Senators shall be six years and shall
commence, unless otherwise provided by law, at noon on the 30th
day of June next following their election.
No Senator shall serve for more than 2 consecutive terms.
Voluntary renunciation of the office for any length of time shall
not be considered as an interruption in the continuity of his
service for the full term for which he was elected.
Re-election of Senators
A senator who has served for 2 consecutive terms, can run
again 3 years after the expiration of his 2nd term
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Constitutional Law I | 1st Sem 2015 | Atty. Chan-Gonzaga

SEC 5: Composition of HoR


(1) The House of Representatives shall be composed of not
more than 250 members, unless otherwise fixed by law,
who shall be elected from legislative districts apportioned
among the provinces, cities, and the Metropolitan Manila
area in accordance with the number of their respective
inhabitants, and on the basis of a uniform and progressive
ratio, and those who, as provided by law, shall be elected
through a party-list system of registered national,
regional, and sectoral parties or organizations.
(2)

The party-list representatives shall constitute 20 per centum


of the total number of representatives including those
under the party list. For 3 consecutive terms after the
ratification of this Constitution, 1/2 of the seats allocated
to party-list representatives shall be filled, as provided by
law, by selection or election from the labor, peasant, urban
poor, indigenous cultural communities, women, youth, and
such other sectors as may be provided by law, except the
religious sector.

(3)

Each legislative district shall comprise, as far as practicable,


contiguous, compact and adjacent territory. Each city with
a population of at least 250,000, or each province, shall
have at least 1 representative.

(4)

Within 3 years following the return of every census, the


Congress shall make a reapportionment of legislative
districts based on the standards provided in this section.

Sec 5
Par 2: Party-list representation
Bagong Bayani v COMELEC (characteristics of political
party to qualify under party-list)
o Party-list system exclusive to marginalized and
underrepresented sectors and organizations.
o Guidelines for screening party-list participants:
1. Must represent marginalized and underrepresented
groups identified in Sec 5, RA 7941
2. Major political parties must show that they
represent
interests
of
marginalized
&
underrepresented + track record
3. Religious sector may not be represented in party-list
system (but a priest running as a candidate is not
prohibited)
4. Grounds for disqualification (Sec 6, RA 7941)
5. Not an adjunct of, or a project organized or an entity
funded or assisted by, the government
6. Qualifications of nominees (Sec 9, RA 7941)
7. Nominees must also represent marginalized and
underrepresented
8. Nominees must be able to contribute to formulation
and enactment of appropriate legislation that will
benefit the nation as a whole
o Labo v COMELEC
General rule: votes cast for an ineligible or
disqualified candidate cannot be considered stray
Exception: votes cast for a notoriously disqualified
candidate may be considered stray and excluded
from the canvas
o Grego v COMELEC
Exception in Labo is predicated on 2 assumptions:
Highest placer is disqualified
Electorate is fully aware in fact and in law of a
candidates disqualification so as to bring such

Kat Nieto | Block B 2019

awareness within the realm of notoriety but


would nonetheless cast their votes in favor of
the ineligible candidate
Veterans v COMELEC (standards for apportioning seats
for party-list representatives; not mandatory to fill 20%)
o 4 Parameters for party-list elections:
1. 20% allocation seats in HoR
2. 2% threshold votes to secure a guaranteed seat
3. 3-seat limit
4. Proportional representation used in computing for
additional seats
o Computation for additional seats based on 1st party
BANAT v COMELEC (mere ceiling)
o 20% allocation of party-list representatives is a ceiling
(still not mandatory).
o Strike down 2% threshold only in relation to the
distribution of additional seats as it is an unwarranted
obstacle to the full implementation of Sec 5(2), Art VI.
Guaranteed seats are not included in computation
of additional seats.
o Major political parties remain to be barred from
participating in party-list elections.
Atong Paglaum v COMELEC (new guidelines for
party-list; controlling rule)
o New parameters for party-list elections:
1. 3 different groups may participate: (i) national
parties or orgs, (ii) regional parties or orgs, and (iii)
sectoral parties or orgs).
2. National parties or orgs and regional parties or orgs
do not need to organize along sectoral lines
and do not need to represent any "marginalized
and underrepresented" sector.
3. Political parties can participate in party-list elections
provided they register under party-list system
and do not field candidates in legislative
district elections. A political party that fields
candidates in legislative district 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 independent sectoral party, and is linked
to a political party through a coalition.
4. Sectoral parties or orgs may be "marginalized and
underrepresented" (i.e. labor, peasant, fisherfolk,
urban poor, indigenous cultural communities,
handicapped, veterans, and overseas workers) or
lacking in "well-defined political constituencies"
(i.e. professionals, elderly, women, and youth). It is
enough that their principal advocacy pertains
to the special interest and concerns of their
sector (no track record needed).
5. A majority of members of sectoral parties or
orgs must belong to the "marginalized and
underrepresented" or "well-defined political
constituencies" sector as the case may be. The
nominees of said sectoral parties or orgs either
must belong to their respective sectors, or
must have a track record of advocacy for their
respective sectors. Nominees of national and
regional parties or orgs must be bona-fide
members of such parties or orgs.
6. National, regional, and sectoral parties or orgs shall
not be disqualified if some of their nominees
are disqualified, provided that they have at
least one nominee who remains qualified.
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Constitutional Law I | 1st Sem 2015 | Atty. Chan-Gonzaga

Abang Lingkod v COMELEC


o There exists no reason to further require groups seeking
registration under the party-list system to submit
evidence showing their track record.
o In the case of sectoral organizations, although they are
still required to represent the marginalized and
underrepresented, they are likewise not required to show
a track record since there would be no reason for them to
feign representation of
the marginalized and
underrepresented as they can just register as a national
or regional party or organization (unlike in Bagong
Bayani)
o There is thus no basis in law and established
jurisprudence to insist that groups seeking registration
under the party-list system still comply with the track
record requirement.
Lokin Jr v COMELEC (withdrawal of nominees)
o 3 instances in which the party-list organization can
substitute another person in place of the nominee whose
name has been submitted to the COMELEC:
1. When nominee dies
2. When nominee withdraws in writing his nomination
3. When nominee becomes incapacitated
Ocampo v HRET (rule on 2nd placers)
o Subsequent disqualification of a candidate who obtained
the highest number of votes does not entitle the
candidate who garnered the second highest number of
votes to be declared the winner.
If winning candidate is not qualified and cannot
qualify for the office to which he was elected, a
permanent vacancy is thus created.
o In voting for a candidate who has not been disqualified
by final judgment during the election day, people voted
for him bona fide, without any intention to misapply their
franchise, and in the honest belief that the candidate was
then qualified.
Par 3: Reapportionment through special law
Sema v COMELEC (ARMM RLA power)
o A province cannot be created without a legislative
district and the power to increase allowable membership
in HoR and to reapportion legislative districts, is vested
exclusively in Congress.
o Nothing in Sec 20, Art X that authorizes autonomous
regions, expressly or impliedly, to create or reapportion
legislative districts for Congress.
o An inferior legislative body, created by a superior
legislative body, cannot change the membership of the
superior legislative body.
o Regional legislative districts have the power to create
municipalities and barangays, but creation of provinces
and cities is another matter.
Tobias v Abalos (reapportionment thru special law,
Mandaluyong City)
o The present composition of Congress may be increased
(through reapportionment), if Congress itself mandates
through a legislative enactment or a special law.
o The said Act enjoys the presumption of having passed
through the regular congressional processes, including
due consideration by the members of Congress of the
minimum requirements for the establishment of separate
legislative districts.
On petitioners contention that no census showing
Mandaluyong and San Juan each had 250,000.

Kat Nieto | Block B 2019

Mariano v COMELEC (reapportionment thru special law,


Makati City)
o Reapportionment is not strictly limited through a
general apportionment law, special laws can be passed for
reapportionment purposes or else it will deprive the
people of a new city or province a particle of their
sovereignty.
o A city whose population has increased to more than
250,000 shall be entitled to at least one congressional
representative.
Application of 250,000 minimum population
requirement for cities is limited to the initial
legislative district.
Makatis legislative district (population of 450,000)
may still be increased since it has met the minimum
population requirement of 250,000, it does not have
to increase population by another 250,000 to be
entitled to an additional district (progressive ratio).
Par 3: In accordance with the number of their respective
inhabitant and on the basis of a uniform and progressive
ratio
Montejo v COMELEC (redistricting Leyte, mere minor
adjustments)
o COMELEC is only empowered to make minor
adjustments of reapportionment, it cannot transfer
municipalities from one legislative district to another.
Minor: adjust the number of members (not
municipalities) apportioned to the province out of
which such new province was created (i.e. If one of
the municipalities is not mentioned in the ordinance
appended to, but is actually within territory of the
district)
Par 3: Population size
Aldaba v COMELEC (par 3 and 4)
o Compliance with the population requirement in the
creation and conversion of LGUs shall be proved
exclusively by an NSO certification.
Used certifications from NSO Administrator, City
of Malolos Water District, and Liga ng Barangay
to project population of Malolos City.
o Legislative districts shall comprise as far as practicable,
contiguous, compact, and adjacent territory.
Creation of a legislative district for Malolos City,
carving the city from the former 1st legislative
district, leaves the town isolated from the rest of
the geographic mass of that district.
Aquino III v COMELEC (par 3 and 4)
o Population is not the only factor but is just one of the
several factors in the composition of the additional
district, it is not an indispensable requirement.
Factors considered in the case: dialects spoken, size
of original groupings compared to regrouped
municipalities,
natural
division
separating
municipality, balancing of areas of 3 districts
resulting from redistricting of 1st and 2nd district.
o Additional legislative district for Camarines Sur by
reconfiguring the existing 1st and 2nd legislative districts
(new district has 176,383 only)

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Par 4: Following the return of every census, Congress shall


make a reapportionment
Bagabuyo v COMELEC (no need for plebiscite in
apportionment or reapportionment)
o Holding of a plebiscite was never a requirement in
legislative apportionment or reapportionment. A
plebiscite was also always identified with the creation,
division, merger, abolition and alteration of boundaries
of LGUs, never with the concept of legislative
apportionment.
o The Constitution does not require mathematical
exactitude or rigid equality as a standard in gauging
equality of representation.
o Splitting the lone legislative district of Cagayan de Oro
into two.
Sectoral representation and party-list representation
2 Regimes
1. Sectoral representation
Extends protection to interests of groups which are
not adequately attended to in normal legislative
deliberations
Answer to recognized disadvantaged marginalized
sectors (i.e. labor, peasant, urban poor, youth,
women, and indigenous cultural communities,
except religious sector)
Temporary: For 3 consecutive terms after the
ratification of this Constitution, 1/2 of the seats
allocated to party-list representatives will be
reserved for sectoral representatives who will be
chosen as provided by law
By 1998 elections, sectors would have to
compete in party-list system of the electoral
process
Desire to give seats to sectors born of the
recognition of the inability of disadvantaged
sectors to compete in the political process
Art XVIII, Sec 7: Until a law is passed, the
President may fill by appointment from a list of
nominees by the representative sectors the seats
reserved for sectoral representation in par (2), Sec 5
of Art VI
President was not free to choose any one he
pleases, a list of nominees is provided by the
representative sectors
Subject to confirmation of Commission on
Appointments
2. Party-list representation
Not synonymous with sectoral representation
No reserved seats for sectors
Party-list representatives constitute 20% of the total number
of representatives including those under the party-list
Constitution does not set down mechanics for the systems
operation, but rough outlines:
o Party-list register themselves together with a list of the
partys or organizations list of nominees for party-list
representatives
o In every election, 2 votes cast for HoR: 1 for district rep,
1 for party-list
o Number of party-list seats a party or organization will
get will depend on the number of votes it receives in
proportion to the total number of votes cast nationwide

Kat Nieto | Block B 2019

Rules of Apportionment
Rationale: concept of equality of representation which is a
basic principle of republicanism
Legislative apportionment: allocation of seats in a legislative
body in proportion to the population; the drawing of voting
district lines so as to equalize population and voting power
among the districts.
Reapportionment: realignment or change in legislative
districts brought about by changes in population and
mandated by the constitutional requirement of equality of
representation
1. In accordance with the number of respective inhabitants, and
on the basis of a uniform and progressive ratio
2. Each district shall comprise, as far as practicable,
contiguous, compact and adjacent territory
o Prohibits gerrymandering
o Gerrymandering: formation of one legislative district
out of separate territories for the purpose of favoring a
candidate or a party
3. Each city with a population of at least 250,000 is entitled to
at least one representative
o If a city is smaller than the minimum size required, it
will be represented as apart of one of the districts
within the province
o Province is entitled to 1 representative regardless of
population
4. Within 3 yrs following the return of every census, Congress
shall make a reapportionment of legislative districts
o Allows for the correction of imbalances in representation
due to rise and movements in population
o Depends on frequency of census

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SEC 6: Qualifications of district and party-list representatives


No person shall be a member of the House of Representatives
unless he is a natural-born citizen of the Philippines and, on the
day of the election, is at least 25 years of age, able to read and
write, and except the party-list representatives, a registered
voter in the district which he shall be elected, and a resident
thereof for a period of not less than 1 year immediately
preceding the day of the election.
Citizenship
Bengzon v Cruz (recovery of natural born citizen status)
o Filipino citizens who have lost their citizenship may
reacquire it a provided by law (Commonwealth Act 63):
(1) Naturalization
(2) Repatriation
(3) Direct act of Congress.
o Repatriation results in the recovery of the original
nationality
Steps for repatriation:
(1) taking of an oath of allegiance to the
Republic of the Philippines, and
(2) registering said oath in the Local Civil
Registry of the place where the person
concerned resides or last resided
Only covers natural-born citizens, not naturalized
o 1987 Constitution: considers those born of Filipino
mothers before the effectivity of the 1973 Constitution
and who elected Philippine citizenship upon reaching the
majority age as natural-born.
Valles v COMELEC (dual citizenship)
o The dual citizenship as a disqualification must refer to
citizens with dual allegiance.
Filing of COC sufficed to renounce foreign
citizenship because one declares that he/she is a
Filipino citizen and that he/she will support and
defend the Constitution of the Philippines and will
maintain true faith and allegiance thereto.
o In order that citizenship may be lost by renunciation,
such renunciation must be express.
Aznar v COMELEC: alien certificate of
registration not tantamount to renunciation of
Philippine citizenship
Mercado vs. Manzano & COMELEC: American
passport and registration as an American citizen
were just assertions of American nationality before
termination of American citizenship
Reyes v COMELEC (citizenship)
o Upon re-acquisition of Filipino citizenship pursuant to
RA 9225, he must still show that he chose to establish his
domicile in the Philippines through positive acts, and the
period of his residency shall be counted from the time he
made it his domicile of choice.
o RA 9225, "Citizenship Retention and Re-acquisition Act"
(1) to take an oath of allegiance to the Republic of
the Philippines; and
(2) to make a personal and sworn renunciation of
her American citizenship before any public officer
authorized to administer an oath
o A candidate it considered a member of the HoR once he
or she has been proclaimed, taken his oath, and assumed
office.
o Reacquisition of domicile still needs to show that 3
requirements are met

Kat Nieto | Block B 2019

Domicile
Co v HRET (citizenship and domicile)
o For those already Filipinos when the time to elect came
up, there are acts of deliberate choice which cannot be
less binding (e.g. entering a profession open only to
Filipinos, serving in public office where citizenship is a
qualification, voting during election time, running for
public office, and other categorical acts of similar nature)
o Nowhere is it required by the Constitution that the
candidate should also own property in order to be
qualified to run, to require such would be tantamount to
a property qualification.
o Animus revertendi: intention to return
Absence from residence to pursue studies or
practice a profession or registration as a voter other
than in the place where one is elected, does not
constitute loss of residence.
Gallego v Verra (domicile)
o 3 requirements: In order to acquire a domicile by choice,
there must concur (1) residence or bodily presence in the
new locality, (2) an intention to remain there, and (3) an
intention to abandon the old domicile.
o Manifest intent of the law in fixing a residence
qualification is to exclude strangers or newcomers
unfamiliar with conditions and needs of the community
from taking advantage of favorable circumstances
existing in that community for electoral gain.
Romualdez-Marcos v COMELEC (abandonment of
domicile)
o Two conclusions:
1. If a person retains his domicile of origin, for purposes
of residence requirement for representatives,
1-year period is irrelevant because, by legal fiction,
wherever he or she may be, he is a resident of his
domicile of origin
2. If a person re-establishes a previously abandoned
domicile or acquire a new one, the 1-year requirement
must be satisfied
o Mrs. Marcos had satisfied the residence requirements, 3
approaches were used to arrive at this conclusion
1. Leyte had been her domicile of origin and that in all
her life she never lost it
2. She did lose her domicile of origin because she
acquired Ferdinand Marcos domicile when they
married, and automatically reacquired her domicile
or origin early enough to meet the 1-year
residence requirement
3. Upon Ferdinand Marcos death, she was free to
establish her domicile and she chose Leyte
Aquino v COMELEC (domicile of origin)
o For election law purposes, the term "residence" has
always been understood as synonymous with domicile.
o There is nothing wrong with the practice of establishing
residence in a given area for meeting election law
requirements, but it defeats the essence of representation
(i.e. most cognizant and sensitive to the needs of a
particular district), if a candidate falls short of the
mandated residency period.
Domino v COMELEC (mere lease of house)
o To establish a new domicile of choice, personal presence
in the place must be coupled with conduct indicative of
that intention.
o The purpose to remain in or at the domicile of choice
must be for an indefinite period of time; the change of
residence must be voluntary; and the residence at the
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place chosen for the new domicile must be actual.


Animus manendi (intention of remaining) coupled
with animus non revertendi (intention of
returning)
Tagolino v HRET (1-year residency requirement;
substitution)
o Disqualified under OEC Sec 68 is still considered to have
been a candidate.
Grounds:
(a) a candidate's possession of a permanent
resident status in a foreign country, or
(b) his or her commission of certain acts of
disqualification (election offenses)
Can be substituted
o Cancelled CoC is considered void ab initio and thus,
cannot give rise to a valid candidacy
Ground: Misrepresentation of any of the material
qualifications required for elective office aspired for
House of Representatives
1. Natural-born citizen of the Philippines
2. At least 25 yrs old on the day of election
3. Able to read and write
4. Registered voter in the district which he shall be elected
(Except the party-list representatives)
5. Resident of the district which he shall be elected for not less
than 1 year immediately preceding the day of election
Qualifications of District Representatives
Natural-born citizens: from birth, without having to perform
any act to acquire or perfect their Philippine citizenship
o Even citizens by election who are deemed to be
natural-born citizens satisfy the citizenship qualification
for representatives
Residence: synonymous with domicile
o Not only intention to reside in a fixed place but also
personal presence in that place coupled with conduct
indicative of such intention
o To acquire domicile by choice
1. Residence or bodily presence in the new locality
2. An intention to remain there
3. An intention to abandon the old domicile
o Faypon v Quirino: residence is not necessarily lost even
through prolonged absence
o A proposal to make actual physical residence a
requirement was rejected in 1971 Constitutional
Convention
Qualifications must be possessed on the day of
election

Kat Nieto | Block B 2019

SEC 7: Term of representatives


The members of the House of Representatives shall be elected
for a term of 3 years which shall begin, unless otherwise
provided by law, at noon on the 30th day of June next following
their election.
No member of the House of Representatives shall serve for more
than 3 consecutive terms. Voluntary renunciation of the office
for any length of time shall not be considered as an interruption
in the continuity of his service for the full term for which he was
elected.
Farinas et al v Executive Secretary
o A national elective official does not terminate his tenure
by the mere fact of having filed for candidacy to a
position different from what he is holding.
o Substantial distinction exists between elective and
appointive officials; elective officials occupy office by
virtue of mandate based upon the popular will, while
appointive officials are not elected by popular will.
Term and tenure
Term: period during which an official is entitled to hold office
o Can only be changed through amendment
Tenure: period during which the official actually holds office
o Can be shortened (e.g. By death or removal)
SEC 8: Regular elections
Unless otherwise provided by law, the regular election of the
Senators and Members of the House of Representatives shall be
held on the 2nd Monday of May.
Codilla v De Venecia
o When a candidate has not yet been disqualified by final
judgment during the election day and was voted for, the
votes cast in his favor cannot be declared stray.
o The COMELEC can suspend proclamation only when
evidence of the winning candidate's guilt is strong.
o Ministerial v Discretionary
Ministerial duty is one which an officer or tribunal
performs in a given state of facts, in a prescribed
manner, in obedience to the mandate of a legal
authority, without regard to or the exercise of his
own judgment.
Duty is discretionary if law imposes upon a public
officer and gives him the right to decide how or
when the duty shall be performed.

Qualifications of Party-list Representatives


Sectoral representative: same qualifications with party-list
representatives
Bagong Bayani: party-list nominees must represent
marginalized and underrepresented sectors
o No such ideological requirement found in Sec 6, Art VI,
Constitution and Sec 9, RA 7941

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SEC 9: Filling-in vacancies


In case of vacancy in the Senate or in the House of
Representatives, a special election may be called to fill such
vacancy in the manner prescribed by law, but the Senator or
Member of the House of Representatives thus elected shall
serve only for the unexpired term.
Tolentino v COMELEC (regular and special elections)
o In a general election, where the law fixes the date of the
election, the election is valid without any call by the body
charged to administer the election.
o Special election to fill a vacancy:
Notice is not mandatory when statute fixes the date
and operates as the call for that election.
Notice is mandatory when law does not fix time and
place but empowers some authority to fix it after
the happening of a condition precedent.
SEC 10: Salary of senators and representatives
The salaries of Senators and Members of the House of
Representatives shall be determined by law. No increase in said
compensation shall take effect until after the expiration of the
full term of all the Members of the Senate and the House of
Representatives approving such increase.
Salaries, emoluments, allowances
Purpose of delayed effect of increased salary
o Philconsa v Mathay: legal bar to the legislators yielding
to the natural temptation to increase their salaries
One may legitimately appeal to the spirit of the prohibition
and read the prohibition as an absolute ban on any form of
direct or indirect increase of salary
Office & necessary travel allowances dont form part of salary
o Increase in allowances take effect immediately
o No legal limit on amount that may be appropriated
o Only limit is moral: books of Congress are audited by
the Commission on Audit which publishes annually an
itemized list of amounts paid and expenses incurred by
each member
It is only after the expiration of the 6-year term of Senators
who approved the increase that the increase in salary becomes
effective

Kat Nieto | Block B 2019

SEC 11: Immunities and privileges


A Senator or Member of the House of Representatives shall, in
all offenses punishable by not more than 6 years of
imprisonment, be privileged from arrest while the Congress is in
session. No Member shall be questioned nor be held liable in any
other place for any speech or debate in the Congress or in any
Committee thereof.
Privilege from arrest
People v Jalosjos (convicted legislator)
o Members of Congress are not exempt from detention
from crime.
No immunity from arrest for offenses punishable by
more than 6 yrs imprisonment.
o Members of Congress cannot compel absent members to
attend sessions if reason for absence is a legitimate one.
Cannot claim that he should be free because of
popular sovereignty and need of his constituents to
be represented.
o Allowing Jalosjos to attend congressional sessions &
committee meetings virtually makes him a free man.
Such situation not only elevates Jalosjos' status to that of
a special class, it also would be a mockery of the
purposes of the correction system.
Trillanes v Pimentel (re-election to office and criminal
charge)
o Prisoners (under preventive detention or serving final
sentence) can not practice their profession nor engage in
any business or occupation, or hold office, elective or
appointive, while in detention.
Presumption of innocence does not carry with it
the full enjoyment of civil and political rights.
Inherent limitations only to locomotion or actual
physical movement, could still somehow accomplish
legislative duty.
o Doctrine of condonation:
Public official cannot be removed for administrative
misconduct committed during a prior term, since his
re-election to office operates as a condonation of the
officer's previous misconduct to the extent of
cutting off the right to remove him therefor.
Immunity from arrest
1935 Constitution
o Privilege was only from civil arrest
o No protection from criminal offense
1973 and 1987 Constitution
o Legislator is privileged from arrest even for a criminal
offense provided that the offense was not punishable by a
penalty of more than 6 years of imprisonment
Privilege is available only while the Congress is in session,
whether regular or special and whether or not the legislator is
actually attending a session
o Not available when Congress is in recess
Purpose: to protect the legislator against harassment which
will keep him away from legislative sessions
o No point in extending the privilege to the period when
Congress is not in session

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Parliamentary freedom of speech and debate


Jimenez v Cabangbang (coverage)
o Utterances made by Congressmen in performance of
official functions:
Speeches, statements, or votes cast in halls of
Congress, while in session
Bills introduced in Congress, in session or not
Other acts performed by Congressmen, in or out
the premises housing its offices, in official discharge
of their duties as members of Congress and of
Congressional Committees duly authorized to
perform its functions as such at the time of the
performance of the acts in question
Antonino v Valencia
o Charges as filed with the Senate Blue Ribbon Committee
and records of the transactions were open to public
scrutiny were carried by the press.
o Said charges, even assuming that they contain
defamatory imputation, would not be libelous because the
letter sent by the plaintiff was a privileged
communication.
Pobre v Defensor-Santiago (violation of lawyers oath)
o Privilege speech is not actionable criminally or in a
disciplinary proceeding under the Rules of Court.
o Rules of the Senate contains a provision on
Unparliamentary Acts and Language that enjoins a
Senator from using, under any circumstance, "offensive
or improper language against another Senator or against
any public institution".
Scope of the privilege speech
Protection only against forums other than the Congress itself
o Does not protect assemblyman against the disciplinary
authority of the Congress but it is an absolute protection
against suits for libel
Speech or debate includes utterances made in the
performance of official functions (e.g. Speeches delivered,
statements made, votes case, bills introduced and other acts
done in the performance of official duties)
o Not essential that the Congress be in session when the
utterance is made
o Essential is the utterance must constitute legislative
action (i.e. Part of the deliberative and communicative
process by which legislators participate in committee and
congressional proceedings in consideration of proposed
legislation or of other matters which the Constitution
has placed within the jurisdiction of the Congress)
Intended to leave the legislator unimpeded in the performance
of his duties and free from fear of harassment from outside
Privilege extends to agents of assemblymen, provided that
the agency consists precisely in assisting the legislator in the
performance of legislative action
Respective Houses may take disciplinary action against
Members

Kat Nieto | Block B 2019

SEC 12: Financial and business interest


All Members of the Senate and the house of Representatives
shall, upon assumption of office, make a full disclosure of their
financial and business interests. They shall notify the House
concerned of a potential conflict of interest that may arise from
the filing of a proposed legislation of which they are authors.
Financial and business interest
Policy of full disclosure of financial and business affairs of a
legislator
o Creates a presumption in favor of the legislator
concerned should he later be charged by his colleagues
with conflict of interest
o Yearly declaration
SEC 13: Disqualifications
No Senator or Member of the House of Representatives may
hold any other office or employment in the government, or any
subdivision, agency, or instrumentality thereof, including
government-owned or controlled corporations or their
subsidiaries, during his term without forfeiting his seat. Neither
shall he be appointed to any office which may have been created
or the emoluments thereof increased during the term for which
he was elected.
Sec 13
Liban v Gordon (office of PNRC chairman is not a govt
office nor an office in a GOCC)
o Office of the PNRC Chairman is not a government office
or an office in a GOCC.
o Charter test is not the sole test used to determine if a
corporation is private or public.
Disqualifications
Prohibited offices include: membership in the board of regents,
board of trustees, or board of directors of state universities
and colleges
If legislator chooses to accept another office, he automatically
forfeits his seat in Congress

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SEC 14: Prohibitions - lawyer legislators/conflict of interests


No Senator or Member of the House of Representatives may
personally appear as counsel before any Court of Justice or
before the Electoral Tribunals, or Quasi-Judicial and other
administrative bodies. Neither shall he, directly or indirectly, be
interested financially in any contract with, or in any franchise or
special privilege granted by the government, or any subdivision,
agency,
or
instrumentality
thereof,
including
any
government-owned or controlled corporation, or its subsidiary,
during his term of office. He shall not intervene in any matter
before any office of the government for his pecuniary benefit or
where he may be called upon to act on account of his office.
Puyat v De Guzman (appearing in intervention on ones
behalf)
o That which the Constitution directly prohibits may not
be done by indirection or by a general legislative act
which is intended to accomplish the objects specifically
or impliedly prohibited.
o A ruling upholding the "intervention" would make the
constitutional provision ineffective (All an Assemblyman
need do, if he wants to influence an administrative body
is to acquire a minimal participation in the "interest" of
the client and then "intervene" in the proceedings.)
Prohibitions: lawyer-legislators
Cannot be circumvented under the guise of appearing in
intervention on ones behalf
Prohibitions: conflict of interests
Legislators cannot be members of the board of corporations
with contract with government
SEC 15: Sessions of congress
The Congress shall convene once every year on the 4th Monday
of July for its regular session, unless a different date is fixed by
law, and shall continue to be in session for such number of days
as it may determine until 30 days before the opening of its next
regular session, exclusive of Saturdays, Sundays, and legal
holidays. The President may call a special session at any time.
Regular session
Congress, if it so wishes, may stay in regular session almost
all year round
Mandatory recess: 30 days before SONA
Special session
One called by the President while the legislature is in recess
o 1935 Constitution: Legislature could only consider the
subject matter designated by the President
o Present law: distinction is no longer significant for the
purpose of determining what the legislature may
consider

Kat Nieto | Block B 2019

SEC 16: Officers and internal business


(1) The Senate shall elect its President and the House of
Representatives its Speaker, by a majority vote of all its
respective members.
Each House shall choose such other officers as it may deem
necessary.
(2) A majority of each House shall constitute a quorum to do
business, but a smaller number may adjourn from day to
day and may compel the attendance of absent members in
such manner, and under such penalties, as such House may
provide.
(3) Each House may determine the rules of its proceedings,
punish its Members for disorderly behavior, and with the
concurrence of 2/3 of all its Members, suspend or expel a
Member. A penalty of suspension, when imposed, shall not
exceed 60 days.
(4) Each House shall keep a journal of its proceedings, and from
time to time publish the same, excepting such parts as may,
in its judgment, affect national security; and the yeas and
nays on any question shall, at the request of 1/5 of the
Members present, be entered in the journal.
Each House shall also keep a record of its proceedings.
(5) Neither House during the sessions of the Congress shall,
without the consent of the other, adjourn for more than 3
days, nor to any other place than that in which the 2
Houses shall be sitting.
Sec 16
Par 1: Officers of congress
Defensor-Santiago v Guingona (determination of majority,
minority)
o Constitution is dead silent on manner of selecting other
officers in both chambers of Congress.
Power is vested in each house to determine the rules
of its proceedings.
No constitutional or statutory provision prescribe
which of the many minority groups or the
independents or a combination thereof has the
right to select the minority leader.
o Court has no authority to interfere and intrude into
legislative rules.
o Court may still inquire whether an act of Congress or its
officials has been made with grave abuse of discretion.
Par 2: Quorum
Avelino v Cuenco (quorum)
o Quorum does not mean all the members of the House,
but majority of the House. There is a difference between a
majority of all the members of the House and a majority
of the House, latter requiring less number than first.
Absence from the country or arrest renders the
Senator not a part of majority of the House.
o Basis is coercive jurisdiction
Abas Kida v Senate (supermajority vote in violation of the
Constitution)
o Within a quorum, a vote of majority is generally
sufficient to enact laws or approve acts.
o While a supermajority is not a total ban against a repeal,
it is a limitation in excess of what Constitution requires
on the passage of bills and significantly constricts future
legislators' room for action and flexibility.
Par 3: Internal rules and discipline
Arroyo, et. al. v De Venecia (determination of rules)
o The courts cannot declare an act of the legislature void
on account of noncompliance with rules of procedure
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Constitutional Law I | 1st Sem 2015 | Atty. Chan-Gonzaga

made by itself to govern its deliberations.


o General rule: Courts have no power to look into the
internal proceedings of a House
o Exception:
Construction to be given to a rule affects persons
other than members of legislative body
Private rights are involved
Osmena v Pendatun (disorderly behavior)
o Rules adopted by deliberative bodies are subject to
revocation modification or waiver at the pleasure of the
body adopting them.
o The House has exclusive power over disciplinary action
of its Members, courts have no jurisdiction to interfere.
Privileged speech does not protect legislators from
responsibility before the House itself when words
and conduct are considered by the latter disorderly
or unbecoming a member thereof.
Paredes v Sandiganbayan
o Invocation of Sec 16(3), Art VI is unavailing as it
appears to be quite distinct from the suspension spoken
of in the Anti-graft Law, which is not a penalty but a
preliminary, preventive measure.
Paredes is not being imposed for misbehavior as a
Member of the HoR.
Par 4: Duty to keep journals and records
US v Pons (journal as conclusive evidence)
o Courts accept legislative journals as conclusive evidence.
To inquire into the veracity of legislative journals
would be to interfere with the legitimate powers
and functions of the Legislature.
o Journals may be notice by the courts in determining the
question whether a particular bill became a law or not.
Casco Philippine Chemical Co. v Gimenez (conflict
between journal and enrolled bill)
o It is well settled that the enrolled bill is conclusive upon
the courts as regards the tenor of the measure passed by
Congress and approved by the President.
Astorga v Villegas
o Function of an attestation is not of approval, but merely
a mode of authentication that bill being presented to
Chief Executive has been duly approved by Congress
and is ready for approval or rejection.
It is the approval by Congress and not the
signatures of the presiding officers that is essential
If the attestation is absent, courts may resort to
journals and other records of Congress for proof
of its due enactment.
o The journal of the proceedings of each House of
Congress is no ordinary record, Constitution requires it.
ABAKADA v Ermita
o Pursuant to the inherent constitutional power to
promulgate and implement its own rules of procedure,
the respective rules of each house of Congress provided
for the creation of a Bicameral Conference Committee.
o Expanded jurisdiction of Court cannot apply to
questions regarding only the internal operation of
Congress, thus, the Court is wont (habit, accustomed) to
deny a review of the internal proceedings of a co-equal
branch of government.
Quorum
Base for computing majority for determining quorum should
normally be the total membership of the body
Avelino v Cuenco: base used was the number of members

Kat Nieto | Block B 2019

present in the Philippines


Internal rules and discipline
Clear recognition of the overall autonomy of the legislative
body both in formulation and in the application of its rules
On matters affecting only the internal operation of the
legislature, legislatures formulation and implementation of
rules is beyond the reach of the courts
Journals
Dual purpose:
1. To insure publicity to the proceedings of the legislature,
and a correspondent responsibility of the members to
their respective constituents
2. To provide proof of what actually transpired in
legislature
Conclusive upon Courts
o Used as evidence of what actually transpired in
Congress especially when Journal conflicts with
extraneous evidence such as testimony of witnesses or
newspaper reports
Enrolled bill doctrine
o Signing of a bill by the Speaker of the House and the
Senate President and the certification by the secretaries
of both Houses of Congress that such bill was passed
are conclusive of its due enactment
Journal and enrolled bill
o Enrolled bill: official copy of approved legislation and
bears the certification of presiding officer of the
legislative body
Court is to accept the certification of presiding
officer as conclusive assurance that the bill certified
is authentic
Enrolled bill is to prevail in the event of any
discrepancy
Probative weight: certification it receives from
the officers of the legislature; hence, when
Speaker of the House, Senate President, and
the President withdrew their signatures in the
enrolled bill, it was stripped off of its
probative value and had to yield to the version
found in the journal
Recess
Both Houses may hold session all year round
Compulsory recess 30 days before opening of the next regular
session (i.e. SONA)
Each House may adjourn for a voluntary recess, but neither
House may adjourn, without the consent of the other, for
more than 3 days nor to any place than that which the 2
Houses shall be sitting
Coordinative rule is necessary because the 2 Houses form only
1 legislative body

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Constitutional Law I | 1st Sem 2015 | Atty. Chan-Gonzaga

SEC 17: Senate and HoR Electoral Tribunal


The Senate and the House of Representatives shall each have an
Electoral Tribunal which shall be the sole judge of all contests
relating to the election, returns, and qualifications of their
respective Members. Each Electoral Tribunal shall be composed
of 9 Members, 3 of whom shall be Justices of the Supreme
Court to be designated by the Chief Justice, and the remaining 6
shall be Members of the Senate or the House of Representatives,
as the case may be, who shall be chosen on the basis of
proportional representation from the political parties and the
parties or organizations registered under the party-list system
represented therein. The senior Justice in the Electoral Tribunal
shall be its Chairman.
Jurisdiction of Electoral Tribunal: nature and power
Angara v Electoral Commission (nature and power)
o The Electoral Commission is a constitutional organ
created as a sole judge of all contests relating to the
election, returns, and qualifications of the members of
the National Assembly.
o Constituted by a majority of members of legislature but
it is a body separate from and independent of legislature.
o Confirmation by National Assembly of election of any
member against whom no protest had been filed prior to
said confirmation, does not and cannot deprive Electoral
Commission of its incidental power to prescribe the time
within which protest against election of any member of
the National Assembly should be filed.
Jurisdiction of
Electoral Tribunal: pre-proclamation
controversies v election contests
Vera v Avelino (definition of election contest)
o Electoral Tribunals jurisdiction is strictly limited to
election contests (i.e. contestant seeks not only to oust
intruder, but also to have himself inducted into office)
o In cases where election contest does not ensue and a
member inquire into the credentials of any member and
the latter's right to participate in its deliberations, it is
the House concerned which has jurisdiction.
Guerrero v COMELEC (substitution)
o Once a winning candidate has been proclaimed, taken his
oath, and assumed office as a member of the HoR,
COMELEC's jurisdiction ends, and HRET's jurisdiction
begins.
o The word "qualifications" cannot be read as qualified by
the term "constitutional." Evaluation of qualifications
(e.g. CoC) is still within HRET's or SET's jurisdiction.
Not a contest involving qualification but a contest
involving election over which the HRET has
jurisdiction.
Abayon v HRET (jurisdiction over party-list)
o HRET has no jurisdiction over party-list qualifications;
rather, the nominees who take the seat representing the
party-list.
Garcia, et. al. v HRET (v quo warranto)
o Imperative justice requires proper observance of
technicalities precisely designed to ensure its proper and
swift dispensation.
o HRET did not commit grave abuse of discretion in
applying its Rules strictly.
Vinzons-Chato v COMELEC (HRET jurisdiction)
o Election: conduct of the polls, including the listing of
voters, holding of electoral campaign, and casting and
counting of votes
o Returns: canvass of returns and proclamation of

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winners, including questions concerning composition of


board of canvassers and authenticity of election returns
o Qualifications: matters that could be raised in a quo
warranto proceeding against the proclaimed winner, such
as his disloyalty or ineligibility or the inadequacy of his
certificate of candidacy
o Commission already lost jurisdiction over the case in
view of the fact that respondent Unico had already taken
his oath as a Member of the Congress.
Re-count of ballots is not within the province of
pre-proclamation controversy (which is the
jurisdiction of COMELEC)
Limkaichong v COMELEC (when HRET jurisdiction
begins)
o Once a winning candidate has been proclaimed, taken his
oath, and assumed office as a Member of HoR,
jurisdiction of HRET begins over election contests
relating to his election, returns, and qualifications.
o Mere allegation as to the invalidity of proclamation does
not divest Electoral Tribunal of its jurisdiction.
Composition
Abbas, et. al. v Senate (judicial and legislative
participation)
o Constitution intended both "judicial" and "legislative"
components commonly share the duty and authority of
deciding all contests relating to the election, returns and
qualifications of Senators.
o Disqualifying all Senator members of the Electoral
Tribunal on the ground that they were respondents in
the contest filed by the opposition party, would leave
Tribunal to abandon its duty that no other court or body
can perform.
Pimentel, et. al. v HRET (reconstitution of HRET and CA
to include party-list)
o Party-list representatives are not prohibited from
designating nominees in HRET and CA but must first
show to the House that they possess required numerical
strength to be entitled to seats in the HRET and CA.
o HRET and CA are bereft of any power to reconstitute
themselves.
Independence
Bondoc v Pineda (non-partisan)
o Membership in the House Electoral Tribunal may not be
terminated except for a just cause, such as:
Expiration of member's congressional term
Death
Permanent disability
Resignation fr pol party he represents in tribunal
Formal affiliation with another political party
Removal for other valid cause.
Electoral Tribunal jurisdiction
Independent constitutional creations which have power to
create rules and not under supervision or control of Congress
Election contest: defeated candidate challenges the
qualification and claims the seat of a proclaimed winner
o Decisions are not subject to appeal of the SC
o Absence of such, ETs have no jurisdiction
No jurisdiction over pre-proclamation controversies which
come under COMELECs jurisdiction
Once a winning candidate has been proclaimed, taken his oath,
and assumed office, Electoral Tribunal jurisdiction begins
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Constitutional Law I | 1st Sem 2015 | Atty. Chan-Gonzaga

SEC 18: Commission on Appointments


There shall be a Commission on Appointments consisting of the
President of the Senate, as ex officio Chairman, 12 Senators, and
12 Members of the House of Representatives, elected by each
House on the basis of proportional representation from the
political parties and parties or organizations registered under the
party-list system represented therein. The Chairman of the
Commission shall not vote, except in cases of a tie. The
Commission shall act on all appointments submitted to it within
30 session days of the Congress from their submission. The
Commission shall rule by a majority vote of all the Members.
SEC 19: Electoral Tribunals and Commission on Appointments (when
constituted)
The Electoral Tribunals and the Commission on Appointments
shall be constituted within 30 days after the Senate and the
House of Representatives shall have been organized with the
election of the President and the Speaker. The Commission on
Appointments shall meet only while the Congress is in session, at
the call of its Chairman or a majority of all its Members, to
discharge such powers and functions as are herein conferred
upon it.
Daza v Singson
o HRET has authority to change its representation in the
Commission on Appointments to reflect at any time the
changes that may transpire in the political alignments of
its membership.
o Changes must be permanent and do not include temporary
alliances or factional divisions not involving severance of
political loyalties or formal disaffiliation and permanent
shifts of allegiance from one political party to another.
Coseteng v Mitra
o The composition of the House membership in the
Commission on Appointments is based on proportional
representation of the political parties in the House.
o Other political parties or groups in the House are bound
by the majority's choices.
o To be able to claim proportional membership in the
Commission on Appointments, a political party should
represent at least 8.4% of the House membership, i.e. it
should have been able to elect at least 17
congresswo/men.
o House members in Commission on Appointments are
elected by the House, not by their parties.
o Coseteng minority: 9 supporters; not same party, invalid
Guingona v Gonzales
o Commissions perform their functions so long as there is
the required quorum.
Quorum: at least 13 members present provided that
at least 4 of the members constituting the quorum
should come from either House
o 12 senators and 12 representatives is not mandatory,
proportional representation is; guidelines are as follows:
In the Senate, a political party or coalition must
have at least 2 duly elected senators for every seat in
the Commission on Appointments.
Where there are more than 2 political parties
represented in the Senate, a political party or
coalition with single senator in the Senate cannot
constitutionally claim a seat in the Commission.
Entitlement to proportional representation
requires a minimum membership in each
House.
Does not and should not be construed to mean

Kat Nieto | Block B 2019

that all political parties, irrespective of


numerical representation in the Senate are
entitled to at least 1 representative in the
Commission.
o Minority party in Commission on Appointments
Opposition has lone member: by force of
circumstance, he or she becomes a member of the
Commission of Appointments because he or she
alone represented the minor party
Opposition has 2 members: rule of proportional
representation applies where opposition is entitled
to one full member
Function of Commission on Appointments
Confirm nominations or appointments submitted by President
Intended to serve as an administrative check on the
appointing authority of the President
Shall act on all appointments submitted to it within 30 session
days of Congress and should rule on a majority vote
SEC 20: Access to records
The records and books of accounts of the Congress shall be
preserved and be open to the public in accordance with law, and
such books shall be audited by the Commission on Audit which
shall publish annually an itemized list of amounts paid to and
expenses incurred for each Member.
SEC 21: Legislative investigations
The Senate or the House of Representatives or any of its
respective committees may conduct inquiries in aid of legislation
in accordance with its duly published rules of procedure. The
rights of persons appearing in or affected by such inquiries shall
be respected.
Gudani v Senga (in relation to Senate v Ermita)
o If President or Chief of Staff refuses to allow a member
of AFP to appear before Congress, legislative body
seeking such testimony may seek judicial relief to compel
the attendance.
o President exercising power as commander-in-chief
(military vs other executive officials)
Bengzon v Senate Blue Ribbon (requisites)
o Power of both houses of Congress to conduct inquiries
in aid of legislation is not absolute, it is circumscribed by
Sec 21, Art VI.
o In aid of legislation:
May refer to the implementation or re-examination
of any law or in connection with any proposed
legislation or the formulation of future legislation.
Issue sought to be investigated by respondent
Committee is one over which jurisdiction had been
acquired by the Sandiganbayan.
Baremblatt vs. United States: Congress ...
cannot inquire into matters which are within
the exclusive province of one of the other
branches of the government.
o Investigation must be "in aid of legislation in accordance
with its duly published rules of procedure" and that "the
rights of persons appearing in or affected by such
inquiries shall be respected."
Dela Paz v Senate (Euro generals)
o Senate is at liberty to alter or modify these rules at any
time it may see fit, subject only to the imperatives of
quorum, voting and publication.
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Constitutional Law I | 1st Sem 2015 | Atty. Chan-Gonzaga

Romero v Estrada (sub judice rule; when detention ends)


o Sub judice rule restricts comments and disclosures
pertaining to judicial proceedings to avoid prejudging
the issue, influencing the court, or obstructing the
administration of justice.
No bar to legislative investigation in aid of
legislation.
o Court v Legislative investigation
Courts conduct hearings to settle actual
controversies involving demandable rights
Inquiries in aid of legislation are tools to enable
legislative body to:
Gather info to legislate wisely & effectively
Determine whether there is a need to improve
existing laws or enact new or remedial
legislation, albeit inquiry need not result in
any potential legislation
o Ongoing judicial proceedings do not preclude
congressional hearings in aid of legislation.
Regardless if it is on appeal, etc (similar to Sabio v
Gordon)
o Rules of the Senate, Sec 123: All pending matters and
proceedings (i.e. Unpassed bills and even legislative
investigations) of the Senate of a particular Congress
are considered terminated upon expiration of that
Congress and it is optional on Senate of the succeeding
Congress to take up such unfinished matters, not in the
same status, but as if presented for the first time.
Detention ends at the end of Congress
Arnault v Nazareno (subject of inquiry)
o The power of inquiry is an essential and appropriate
auxiliary to the legislative function.
Legislative body cannot legislate wisely or
effectively in the absence of information respecting
the conditions which the legislation is intended to
affect or change
o It is not necessary for the legislative body to show that
every question propounded to a witness is material to
any proposed or possible legislation; what is required is
that it be pertinent to the matter under inquiry.
o Some means of compulsion is essential to obtain
information needed; Constitutional provision granting
Congress the power to punish its Members does not by
necessary implication exclude the power to punish for
contempt any other person
o To hold that it may punish the witness for contempt only
during the session in which investigation was begun,
would be to recognize the right of the Senate to perform
its function but at the same time to deny to it an essential
and appropriate means for its performance.
o Senate as a continuing body which does not cease to exist
upon the periodical dissolution of the Congress or HoR;
hence, there is no limit as to time to the Senates power
to punish for contempt in cases where that power may
constitutionally be exerted.
Assume that the Senate will not be disposed to
exert th epower beyond its proper bounds. Portals
of the Court are always open to those whose rights
might have been transgressed.
Sabio v Gordon (contempt and detention)
o The filing or pendency of any prosecution or
administrative action should not stop or abate any
inquiry to carry out a legislative purpose.
o Right against self-incrimination may only be invoked

Kat Nieto | Block B 2019

when the incriminating question is being asked, since


there is no way of knowing in advance the nature or
effect of the questions to be asked of them.
o The unremitting obligation of every citizen is to respond
to subpoenae, to respect the dignity of the Congress and
its Committees, and to testify fully with respect to
matters within the realm of proper investigation.
Standard Chartered v Senate Committee on Banks,
Financial Institutions, and Currencies (to prevent future
fraudulent activities)
o Mere filing of a criminal or an administrative complaint
before a court or quasi-judicial body should not
automatically bar the conduct of legislative investigation.
It would be extremely easy to subvert any intended
inquiry by Congress through convenient ploy of
instituting criminal or administrative complaint.
Exercise of sovereign legislative authority, of
which the power of legislative inquiry is an
essential component, cannot be made subordinate to
a criminal or administrative investigation.
Senate Blue Ribbon v Judge Majaducon
o Any court has no authority to prohibit the Committee
from requiring a witness to appear and testify before it.
Legislative investigations
Arnault v Nazareno
No person can be punished for contumacy (disobedience) as a
witness unless his testimony is required by legislature or any
of its committees has jurisdiction to inquire
Implicit limitation in committing a witness for contempt:
terminates when legislative body ceases to exist upon its final
adjournment
In aid of legislation
Any investigation can be in aid of the broad legislative power
of Congress
Bengzon v Senate Blue Ribbon
Power of investigation also vested on any of its committees
Mandatory in comparison to Sec 22s question hour
In accordance with its duly published rules of procedure
Congress must publish rules if private rights are involved
Requisite for publication intended to satisfy basic
requirements of due process
Neri v Senate
o Senate conducted investigation without publishing rules
o Justice Antonio Carpio: the Rules of Procedure must be
republished by the Senate after every expiry of the term
of 12 Senators
Absence of published rules, investigation cannot proceed
Garcillano v Senate
o Senate or its committees may conduct inquiries in aid of
legislation only in accordance with duly published rules
of procedure
o No distinction whether or not these rules have
undergone amendments or revision
Absence of any amendments or revisions for the
past years does not exempt Senate from compliance
with Sec 21, Art 6
o RA 8792 does not make the internet a medium for
publishing laws, rules, and regulation
o Court: if previously published rules had stated that their
adoption shall remain in force until amended or repealed,
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Constitutional Law I | 1st Sem 2015 | Atty. Chan-Gonzaga

then rules would subsist beyond Senate that adopted it


Sec 16(3), Art 6: Each House shall determine the rules of its
proceedings
o Full discretionary authority to the Houses in formulation,
adoption and promulgation of its own rules
o Still subject to imperatives of quorum, voting, and
publication
Rights of persons appearing in or affected by such inquiries
shall be respected
Refers to Bill of Rights
Right against self-incrimination and unreasonable searches
and seizures and the right to demand, under due process, that
Congress observe its own rules
SEC 22: Congress and heads of departments
The heads of departments may upon their own initiative, with
the consent of the President, or upon the request of either
House, as the rules of each House shall provide, appear before
and be heard by such house on any matter pertaining to their
departments. Written questions shall be submitted to the
President of the Senate or the Speaker of the House of
Representatives at least 3 days before their scheduled appearance.
Interpellations shall not be limited to written questions, but may
cover matters related thereto. When the security of the State or
the public interest so requires and the President so states in
writing, the appearance shall be conducted in executive session.
Senate v Ermita (executive privilege; Sec 21 v Sec 22)
o Parenthetically, one possible way for Congress to avoid
such a result as occurred in Bengzon is to indicate in its
invitations to the public officials concerned, or to any
person for that matter, the possible needed statute which
prompted the need for the inquiry.
o Executive privilege: power or right of President and
high-level executive branch officers to withhold
information from Congress, courts, and ultimately public
Properly invoked in relation to specific categories of
information and not to categories of persons
Being a claim of exemption from an obligation to
disclose information, must be clearly asserted
Power to invoke the privilege is limited to the
President, the Executive Secretary may be
authorized to invoke on her behalf
o Specified who may and who may not be summoned to Sec
21 hearings: anyone except President and Justices of SC
o Distinction between Sec 21 and Sec 22
Sec 21: in aid of legislation
Elicit information may be used for legislation
Appearance is mandatory or compulsory
Only way for department heads to exempt
themselves is by a valid claim of privilege (not
exempt by the mere fact that they are
department heads)
Only the President (vested with the executive
power) and Supreme Court Justices (collegial
body; fiscal autonomy and constitutional
independence) are exempted
Sec 22: question hour
Obtain information in pursuit of Congress
oversight function
Appearance is discretionary
May be facilitated by compulsory process only
to the extent that it is performed in pursuit of

Kat Nieto | Block B 2019

legislation
o Distinctions between right of Congress to information
which underlies the power of inquiry and the right of
the people to information on matters of public concern
Right to information does not have same obligatory
force as a subpoena duces tecum issued by Congress
Right to information does not grant a citizen the
power to exact testimony from govt officials
It does not follow, except in a highly qualified sense,
that in every exercise of Congress power of
inquiry, people are exercising right to information
o Power to conduct legislative inquiry does not ipso facto
supersedes claim of executive privilege, acknowledging
instead that viability of executive privilege stood on a
case to case basis.
Neri v Senate (elements of Presidential communications
privilege)
o Elements of Presidential communications privilege (In
Re: Sealed Case and Judicial Watch):
1. Communications relate to a quintessential and
non-delegable power of President (e.g. power to
enter into executive agreement with other states)
2. Must be authored or solicited and received by a
close advisor of the President or the President
himself. Judicial test is that an advisor must be in
operational proximity with President
3. Qualified privilege that may be overcome by a
showing of adequate need, such that information
sought likely contains important evidence and by
unavailability of information elsewhere by an
appropriate investigating authority
o For claim to be properly invoked, there must be a formal
claim of privilege, lodged by head of department which
has control over the matter
A formal and proper claim of executive privilege
requires a precise and certain reason for
preserving their confidentiality.
Congress and heads of departments
Oversight function of Congress
o To enable Congress to determine how laws it has passed
are being implemented
In deference to separation of powers, because Department
Heads are alter egos of the President, they may not appear
without the permission of the President
o Exception only applies to Department Heads and not
everyone who has Cabinet rank

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Constitutional Law I | 1st Sem 2015 | Atty. Chan-Gonzaga

SEC 23: Declaration of existence state of war & emergency powers


(1) The Congress, by a vote of 2/3 of both Houses in joint
session assembled, voting separately, shall have the sole
power to declare the existence of a state of war.
(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 restrictions as it may prescribe, to
exercise powers necessary and proper to carry out a
declared national policy. Unless sooner withdrawn by
resolution of the Congress, such powers shall cease upon
the next adjournment thereof.
Sanlakas v Executive Secretary (in relation to state of
rebellion)
o The Presidents authority to declare a state of rebellion
springs in the main from her powers as chief executive
and, at the same time, draws strength from her
Commander-in-Chief powers.
Ampatuan v Puno (in relation to Sec 18, Art VII)
o President did not proclaim a national emergency, only a
state of emergency; the calling out of the armed forces
to prevent or suppress lawless violence in such places is a
power that the Constitution directly vests in the
President; she did not need a congressional authority to
exercise the same.
Declaration of the existence of a state of war
Sec 2, Art II: renunciation of aggressive war as an instrument
of national policy
o Does not prohibit waging of a defensive war even in
absence of a declaration of or existence of a state of war
Declaration of emergency powers
2 limits on emergency powers
1. Given for a limited period
If Congress does not set a limit, powers may be
withdrawn by a resolution, it is not necessary that
withdrawal be done through a statute
Resolution: does not need Presidents approval
Statute: needs Presidents approval
Automatic cessation of Presidents emergency
powers takes place upon the next adjournment
Congress not in session, President is stripped of
emergency powers
2. Subject to such restrictions as the Congress may provide
President may be given emergency legislative powers if
Congress desires.
Resolution of Congress withdrawing the emergency powers
does not need presidential approval.

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SEC 24: Origin of money bills, private bills, and bills of local
application
All appropriation, revenue or tariff bills, bills authorizing
increase of the public debt, bills of local application, and private
bills shall originate exclusively in the House of Representatives,
but the Senate may propose or concur with amendments.
Tolentino v Secretary of Finance (revenue bill;
consolidation)
o Constitutional rule: revenue bills must originate
exclusively from the House of Representatives
HoR alone can initiate passage of a revenue bill, if
HoR does not initiate, no revenue law will be passed
Senate can completely overhaul the approved
revenue bill passed by HoR through amendment of
parts or by substitution, and come out with one
completely different from what the House approved
Bill must exclusively originate from the HoR, but
the law itself (i.e. Product of bicameral legislative
process) originates both from the Senate and HoR
Origin of money bills, private bills, and bills of local
application
Revenue or tariff bill: strictly for the raising of revenues
Appropriation bill: purpose is to set aside a sum of money
for public use
Private bills: affect private persons (e.g. Bill granting
citizenship to a specific foreigner)
Bills of local application: reach is limited to specific
localities (e.g. Creation of a town)
Rationale: Representatives are closer to the pulse of people
than senators; therefore, are in a better position to determine
both the extent of the legal burden they are capable of
bearing and benefits that they need

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Constitutional Law I | 1st Sem 2015 | Atty. Chan-Gonzaga

SEC 25: Rules on appropriation


(1) The Congress may not increase the appropriations
recommended by the President for the operation of the
Government as specified in the budget. The form, content,
and manner of preparation of the budget shall be
prescribed by law.
(2) No provision or enactment shall be embraced in the general
appropriations bill unless it relates specifically to some
particular appropriation therein. Any such provision or
enactment shall be limited in its operation to the
appropriation to which it relates.
(3) The procedure in approving appropriations for the Congress
shall strictly follow the procedure for approving
appropriations for other departments and agencies.
(4) A special appropriations bill shall specify the purpose for
which it is intended, and shall be supported by funds
actually available as certified by the National Treasurer, or
to be raised by a corresponding revenue proposal therein.
(5) No law shall be passed authorizing any transfer of
appropriations; however, the President, the President of
the Senate, the Speaker of the House of Representatives,
the Chief Justice of the Supreme Court, and the heads of
Constitutional Commissions, may, by law, be authorized to
augment any item in the general appropriations law for
their respective offices from savings in other items of their
respective appropriations
(6) Discretionary funds appropriated for particular officials shall
be disbursed only for public purposes to be supported by
appropriate vouchers and subject to such guidelines as may
be prescribed by law.
(7) If, by the end of any fiscal year, the Congress shall have
failed to pass the general appropriations bill for the ensuing
fiscal year shall be deemed re-enacted and shall remain in
force and effect until the general appropriations bill is
passed by the Congress.
Garcia v Mata (par 2, riders)
o A provision not germane to the subject expressed in the
title of the act is inoperative.
o The title is in sufficient compliance with constitutional
requirement if it expresses a general subject and all
provisions in statute are germane to the general subject.
o Constitutional prohibition is intended to preclude the
insertion of riders in legislation, a rider being a
provision not germane to the subject matter of the bill,
and is a new and completely unrelated provision attached
to the bill.
Demetria v Alba (par 5, transfer of funds)
o President cannot indiscriminately transfer funds from
one department, bureau, office or agency of the
Executive Department to any program, project or
activity of any department, bureau or office included in
the GAA or approved after its enactment.
o Transfer may be allowed for the purpose of augmenting
an item and such transfer may be made only if there are
savings from another item in the appropriation of the
government branch or constitutional body.
Par 1, Sec 44, PD 1177 empowers President without
regard as to w/n funds to be transferred are
actually savings in the item from which the same
are to be taken or w/n transfer is for purpose of
augmenting item to which said transfer is to be
made.

Kat Nieto | Block B 2019

Sanchez v COA (par 5; DILG; augmentation)


o 2 essential requisites for a transfer of appropriation with
the corresponding funds may legally be effected.
First: there must be savings in the programmed
appropriation of the transferring agency
Second: there must be an existing item, project or
activity with an appropriation in the receiving
agency to which the savings will be transferred
o Transfer of funds ipso facto denotes the existence of
actual savings.
Liga v COMELEC (par 5, unused funds)
o Savings: portions of balances of (1) any programmed
appropriation free of any obligation or encumbrance still
available after (a) the satisfactory completion or (b)
unavoidable discontinuance or (c) abandonment of the
work, activity or purpose for which the appropriation is
authorized, or (2) arising from unpaid compensation and
related costs pertaining to vacant positions and leaves of
absence without pay
o Augmentation: an item, project, activity or purpose with
an appropriation which upon implementation or
subsequent evaluation of needed resources is determined
to be deficient
In no case shall non-existent item, project, activity,
purpose or object of expenditure be funded by
augmentation from savings or by the use of
appropriations authorized otherwise in the GAA.
o Local governments are mandated to share in the
expenses of the election for barangay officials through
appropriation of funds for the purpose.
o COMELEC may issue an appropriate directive for the
province, city or municipality to advance the election
expenses that are chargeable to it.
Belgica v Ochoa (PDAF)
o Pork Barrel System: collective body of rules & practices
that govern the manner by which lump-sum,
discretionary funds, primarily intended for local projects,
are utilized through the respective participation of the
Legislative and Executive branches of government
2 kinds of lump-sum discretionary funds
1. Congressional Pork Barrel: legislators, either
individually or collectively organized into
committees, are able to effectively control
certain aspects of the fund's utilization
through various post-enactment measures
and/or practices
2. Presidential Pork Barrel: allows the President
to determine the manner of utilization
Araullo v Aquino III (DAP)
o Executive discretion is necessary at the stage of budget
execution stage to achieve a sound fiscal administration
and assure effective budget implementation.
o 3 Requisites for transfer of appropriated funds to be
valid under Sec 25(5)
1. There is a law authorizing the heads of branches
and constitutional commissions to transfer funds
within their respective offices
2. Funds to be transferred are savings generated from
appropriations for their respective offices
3. Purpose of transfer is to augment an item in the
GAA for their respective offices

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Kat Nieto | Block B 2019

Limits on power to appropriate


Explicit restriction on the power of Congress
o Sec 24, Art VI
o Sec 25, Art VI
o Sec 29(2), Art VI: Prohibits expenditure of public money
or property for religious purposes
o Art VII: General appropriation law must be based on the
budget prepared by the President
Implicit restriction: public money can be appropriated only for
a public purpose
o Arises from relation between power to spend and power
to tax

SEC 26: Subject and title of bills


(1) Every bill passed by the Congress shall embrace only one
subject which shall be expressed in the title thereof.
(2) No bill passed by either House shall become a law unless it
has passed 3 readings on separate days, and printed copies
thereof in its final form have been distributed to its
Members 3 days before its passage, except when the
President certifies to the necessity of its immediate
enactment to meet a public calamity or emergency. Upon
the last reading of a bill, no amendment thereto shall be
allowed, and the vote thereon shall be taken immediately
thereafter, and the yeas and nays entered in the Journal.

Prohibition of riders in appropriation bills


Riders: provisions unrelated to the appropriation bill

Philconsa v Gimenez (par 1, one subject-one title)


o It is sufficient if all parts of a law relate to the subject
expressed in its title and it is not necessary that the title
be a complete index of the content.
o One subject one title is not a mere rule of legislative
procedure, directory to Congress, but it is mandatory.
o Includes retirement gratuity and commutation of
vacation and sick leave to members of Congress because
acts mentioned in title referred to members of GSIS,
Senators and Representatives are not members of GSIS
Tio v Videogram Regulatory Board (par 1, subject & title)
o It is unnecessary to express all objectives in the title or
that the title be an index to the body of the decree.
o Provision is reasonably necessary for the accomplishment
of, the general objective of the decree. As a tool for
regulation, it is simply one of the regulatory and control
mechanisms scattered throughout the decree.
Phil Judges Association v Prado (3 reasons on prohibition
against riders; conference committee)
o 3 reasons why riders must not be included in the bill
1. To prevent log-rolling legislation
2. To prevent surprise or fraud upon legislature by
means of provisions in bills of which title gives
no imitation, and therefore be overlooked and
carelessly and unintentionally adopted
3. To fairly apprise the people
o If the title of an act embraces only one subject, we
apprehend it was never claimed that every other act
which it repeals or alters by implication must be
mentioned in the title of the new act.
o Conference committee is the mechanism for
compromising differences between the Senate and the
House, but not limited in its jurisdiction to this question.
Occasionally a conference committee produces
unexpected results which are beyond its mandate -a symptomatic of the authoritarian power of
conference committee.
Farinas v Executive Secretary (purpose)
o One of the purposes of the constitutional requirement
regarding one subject-one title is for legislators to be
notified of the purposes, nature, and scope of the
provisions in the law so as to prevent enactment into law
of matters which have not received the notice, action and
study of legislators and the public.
Tan v del Rosario (title not vitrual compendium)
o Objectives of Sec 26(1), Art VI (3 reasons against
prohibition) are met and anything else would be to
require a virtual compendium of the law which could not
have been the intendment of the constitutional mandate.

Transfer of funds
List of those who are authorized to transfer funds under par 5
is exclusive
o Chief of Staff of AFP cannot be given such authority
o Individual members of Congress must seek approval of
Senate President of Speaker of the House
Purpose of augmenting an item and such transfer may be
made only if there are savings from another item in the
appropriation of government branch or constitutional body
PD 1177: unconstitutional for granting powers to the
President to indiscriminately transfer funds without regard as
to whether or not the funds to be transferred are actually
savings in the item from which the same are to be taken
Realignment only applicable to items approved; no item to
augment, no transfer allowed

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Tolentino v Secretary of Finance (par 2, presidential


certification)
o No reason to require Bicameral Conference Committee to
have undergone 3 readings in each of the two houses.
Art 26 (2) must be construed as referring only to bills
introduced for the first time in either house of Congress,
not to the conference committee report.
o Presidential certification dispensed with the requirement
not only of printing but also that of reading the bill on
separate days.
o VAT laws 2nd and 3rd readings were done on the same
day pursuant to Presidents certification.
Budget deficit as a perennial problem, not
necessarily a public calamity or emergency but
Senate itself had not seen fit to controvert
Presidents certification.
Factual basis of presidential certification of bills,
which involves doing away with procedural
requirements designed to insure that bills are duly
considered by members of Congress, certainly
should elicit a different standard of review, not a
judicial one.
Tobias v Abalos (par 1, germane to title)
o A liberal construction of the "one title-one subject" rule
has been invariably adopted by this court so as not to
cripple or impede legislation.
o Creation of a separate congressional district for
Mandaluyong is a natural and logical consequence of its
conversin into a highly urbanized city.
Subject and title of bills: general prohibition of riders
One subject, one title bill is mandatory, not discretionary
Purposes of constitutional requirement:
o Prevent hodge-podge or log-rolling legislation
o Prevent surprise or fraud upon the legislature by means
of provisions in bills of which the titles gave no
information and which might therefore be overlooked
and carelessly and unintentionally adopted
o Fairly appraise the people of the subjects of legislation
that are being considered
Despite its mandatory nature, there has been a liberal
interpretation for it
Sumulong v COMELEC
o Requirement should be given a practical rather than a
technical construction
o It should be sufficient compliance with such requirement
if the title expresses the general subject and all the
provisions of the same are germane to that general
subject
3 readings
3 readings on separate days and printed copies of final form
of bill must be distributed 3 days before the passage
Exception to the rule: President certifies to the necessity of
the bills immediate enactment to meet a public calamity or
emergency

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SEC 27: Procedure in law-making


(1) Every bill passed by the Congress 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
same with his objections to the House where it originated,
which shall enter the objections at large in its Journal and
proceed to reconsider it. If, after such reconsideration, 2/3
of all the Members of such House shall agree to pass the
bill, it shall be sent, together with the objections, to the
other House by which it shall likewise be reconsidered, and
if approved by 2/3 of all the Members of that House, it
shall become a law. In all such cases, the votes of each
House shall be determined by yeas or nays, and the names
of the Members voting for or against shall be entered in its
Journal. The President shall communicate his veto of any
bill to the House where it originated within 30 days after
the date of receipt thereof; otherwise, it shall become a law
as if he had signed it.
(2) The President shall have the power to veto any particular
item or items in an appropriation, revenue, or tariff bill, but
the veto shall not affect the item or items to which he does
not object.
Abakada v Ermita (passage of bills)
o No-amendment rule refers only to the procedure to be
followed by each house with regard to bills initiated in
each of said respective houses, before bill is transmitted
to the other house for concurrence or amendment.
o Tolentino v Sec of Finance: Bicameral Conference
Committee report does not need to undergo 3 readings
from each of the two houses.
o BCC in reconciling or harmonizing the disagreeing
provisions in the House bill and Senate bill, may:
Adopt specific provisions of either the House bill or
Senate bill
Decide that neither provisions in the House bill or
the provisions in the Senate bill would be carried
into the final form of the bill
Try to arrive at a compromise between the
disagreeing provisions
CIR v CTA (item veto)
o An "item" in a revenue bill does not refer to an entire
section imposing a particular kind of tax, but rather to
the subject of the tax and the tax rate.
o In the portion of a revenue bill which actually imposes a
tax, a section identifies the tax and enumerates the
persons liable therefor with the corresponding tax rate.
Gonzales v Macaraig (general provision)
o Inappropriate provisions should be treated as items for
the purpose of the Presidents veto power.
o Item in a bill refers to the particulars, details, distinct and
severable parts of the bill
Indivisible sum of money dedicated to a stated
purpose
In itself is a specific appropriation of money
o Provisions vetoed had no relation to any item of
appropriation; thus, it was rejected as a rider in the
sense of Sec 25(2)
Arroyo v De Venecia (passage of bills)
o Constitution does not require that the yeas and the nays
of the Members be taken every time a House has to vote,
except only in the following instances:
Upon the last and third readings of a bill
At the request of one-fifth of the Members present
In repassing a bill over the veto of the President
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Philconsa v Enriquez (inappropriate provision)


o Inappropriate provisions: unconstitutional provisions and
provisions which are intended to amend other laws
o Parameters for determining inappropriate provisions
Unconstitutional
Not an appropriation
Should be under a separate law
o Congress cannot include general appropriations bill
matters that should be more property enacted in separate
legislation, and if it does that, the inappropriate
provisions inserted by it must be treated as item which
can be vetoed by the President in the exercise of his
item-veto power.
o Appropriate provisions cannot be vetoed separately.
Belgica v Ochoa (PDAF; line-item)
o An appropriation bill, to ensure that the President may
be able to exercise his power of item veto, must contain
specific appropriations of money and not only general
provisions which provide for parameters of
appropriation.
o An item of appropriation must be an item characterized
by singular correspondence, an allocation of a specified
singular amount for a specified singular purpose also
known as line-item.
Passage of bills
2 steps before a bill becomes a law
1. Approved by both Houses of Congress
Legislative action required is a positive act
No enactment of law by legislative inaction
2. Approved by the President
May be by positive act or by inaction as the bill
automatically becomes law when President does not
act on bill within 30 days after receipt of bill
Tanada v Tuvera
o Laws become effective only after adequate publication
o Omission of publication would offend due process insofar
as it would deny the public knowledge of laws that are
supposed to govern it
Conference Committees
Consist of members nominated from both Houses
Extra-constitutional creation of Congress whose function is
to propose ways of reconciling conflicting provisions in
Senate and House versions
Should not perform functions that Congress itself may not do
Proposals need confirmation by both Houses
Tolentino v Secretary of Finance
o Consolidation of House and Senate bills made by
conference committee contained provisions which neither
the Senate bill nor the House bill had
o Effect of the Courts uncritical embrace of American
Congress and its conference committees (i.e. Procedures
in Federal Congress do not have limits unlike in
Philippines where there are constitutional limits) is to
dismantle the no amendment rule

Kat Nieto | Block B 2019

bill approved by Congress, he should veto the entire bill


o Not allowed to veto separate parts of a bill while
retaining others
o Exception: only in the case of appropriation (not limited
to GAB), revenue, and tariff bills that he is authorized to
exercise item-veto
Revenue bills: intended to levy taxes in the strict sense of the
word and do not include bills for other purposes which
incidentally create revenue
Tariff bill: imposes duties or imposts whether for revenue or
for regulation
Item in a bill: particulars, details, distinct and severable parts
of the bill; can be an entire section of a bill or a severable
portion of a section
o CIR v CTA
Doctrine of inappropriate provisions
Any provision or condition in an appropriation bill which in
the judgment of the President violates the Constitution may
be vetoed separately from the entire bill without the need to
veto the appropriation to which they are attached
Gonzales v Macaraig, Jr
Philconsa v Enriquez
Bolinao Electrics v Valencia
o Vetoed condition had relation to an appropriation which
was not vetoed; the veto of the condition was not
allowed
o Court should have invalidated the veto of the conditions
because the veto did not include a veto of the
appropriation
Bengzon v Drilon
o What were vetoed were methods or systems placed by
Congress to insure that permanent and continuing
obligations to certain officials would be paid when they
fell due
o The vetoed portions are not items, they are provisions
o Augmentation of
specific appropriations found
inadequate to pay retirement payments, by transferring
savings from other items of appropriations is a provision
and not an item
o Questioned veto is set aside as illegal and
unconstitutional
Impoundment
Refusal of the President to spend funds already allocated by
Congress for a specific purpose
No provision in the Constitution on the subject

Veto power; item veto


Veto power: instrument of control over legislation completed
by Congress
Congress may override a presidential veto by vote of 2/3 of
all of its members
General rule: if the President disapproves of a provision in a
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SEC 28: Taxation


(1) The rule of taxation shall be uniform and equitable. The
Congress shall evolve a progressive system of taxation.
(2) The Congress may, by law, authorize the President to fix
within specified limits, and subject to such limitations and
restrictions as it may impose, tariff rates, import and
export quotas, tonnage and wharfage dues, and other duties
or imposts within the framework of the national
development program of the Government.
(3) Charitable institutions, churches and parsonages or convents
appurtenant thereto, mosques, non-profit cemeteries, and
all lands, buildings, and improvements actually, directly, and
exclusively used for religious, charitable, or educational
purposes shall be exempt from taxation.
(4) No law granting any tax exemption shall be passed without
the concurrence of a majority of all the Members of the
Congress.
CIR v Lingayen Gulf (uniformity of taxation)
o A tax is uniform when it operates with the same force
and effect in every place where the subject of it is found.
Uniformity means that all property belonging to
the same class shall be taxed alike.
o Tax exemptions have never been deemed violative of the
equal protection clause.
Abakada v Ermita (delegated tax legislation;
classification)
o Uniformity in taxation means that all taxable articles or
kinds of property of the same class shall be taxed at the
same rate.
o VAT is an antithesis of progressive taxation, it is
regressive. VAT paid by the consumer or business is the
same regardless of income.
o The Constitution does not really prohibit the imposition
of indirect taxes like VAT.
Tolentino v Sec of Finance: indirect taxes should be
minimized but not avoided entirely because it is
difficult to avoid them by imposing such taxes
according to the taxpayers ability to pay
Abra Valley College v Aquino (tax exemption)
o Liberal and nonrestrictive interpretation of the phrase
exclusively used for educational purposes but
reasonable emphasis has always been made that
exemption extends to facilities which are incidental to
and reasonably necessary for the accomplishment of the
main purposes
Gerochi v Department of Energy (power to tax v police
power)
o Power of taxation vs police power (primary purpose)
Power to tax: generation of revenue
Police power: regulation; revenue is merely
incidental
o Taxing power may be used as an implement of police
power
Garcia v Executive Secretary (revenue and regulate)
o Customs duties are very much like taxes which are
frequently imposed both for revenue-raising and for
regulatory purposes.
Customs duties like internal revenue taxes are
rarely designed to achieve one policy and objective.
Either or both generation of revenue and
regulation of economic or social activity; difficult to
say which is dominant or principal objective

Kat Nieto | Block B 2019

Systems Plus Computer College v Caloocan City


o Denial of application for tax exemption
No showing that properties being sought to be
exempt from Real Property Taxes were donated to
petitioner are actually, directly, and exclusively used
either for religious, charitable, or educational
purposes
Central Mindanao University v DAR
o Liberal interpretation
Resources and research facilities of state colleges
and universities may be gradually eroded by
misconstruing the exemptions from the CARP
o DARAB found that private respondents were not tenants
and cannot therefor be beneficiaries under CARP
Taking of CMU land which had been segregated
for educational purposes for distribution to yet
uncertain beneficiaries is gross misrepresentation
of authority and jurisdiction granted by law to
DARAB.
CIR v CA (par 3, exemption from property taxes only;
property taxes v income taxes)
o Justice Davide: what is exempted is not the institution
itself, those exempted from real estate taxes are lands,
buildings and imporvements actually, directly and
exclusively used for religious, charitable or educational
purposes
o Fr Bernas: exemption pertains only to property taxes
o YMCA exempted from payment of property tax but not
income tax on rentals from its property.
o Art 14 Sec 4(3) is not applicable because YMCA is not an
educational institution; therefore, not exempted from
income tax
CIR v Santos (sovereign prerogative; yardstick in taxation)
o With the legislature primarily lies the discretion to
determine the nature (kind), object (purpose), extent
(rate), coverage (subjects) and situs (place) of taxation
o This Court, however, cannot subscribe to the theory that
the tax rates of other countries should be used as a
yardstick in determining what may be the proper
subjects of taxation in our own country.
o It should be pointed out that in imposing the
aforementioned taxes and duties, the State, acting
through the legislative and executive branches, is
exercising its sovereign prerogative.
John Hay Peoples Alternative Coalition v Lim (express
exemption)
o Tax exemption must be expressly stated.
o Only Subic SEZ was granted by Congress with tax
exemption, no express extension of aforesaid benefits to
other SEZs still to be created at the time.
Power of taxation: scope and purpose
Power to tax is given in order for government to be able to
pay the debts and provide for the common defense and general
welfare
Power to tax as an instrument of national economic and social
policy; tool for regulation
o Ex. Used as an instrument for the extermination of
undesirable activities and enterprises
The power to keep alive
o Foundation for the imposition of tariffs designed for the
encouragement and protection of locally produced goods
against competition from imports
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Limitations on the power to tax


For the general welfare
If the purpose is legitimate because public, it will not be
defeated because the execution of it involves payment to
individuals
o A special tax for the support of agrarian reform program
or for urban or housing reform can be justified as for
public purpose even if the immediate beneficiaries are
private individuals
Special limits on the taxing power: uniform and equitable
Uniformity rule does no prohibit classification for purposes of
taxation
Tan v del Rosario
o Uniformity of taxation simply means that: (equal
protection clause)
Standards that are used therefor are substantial and
not arbitrary
Categorization is germane to achieve the legislative
purpose
Law applies, all things being equal, to both present
and future conditions
Classification applies equally well to all those
belonging to the same class
o 3rd and 4th requisites of corresponds to the requirement
of uniformity
o 1st and 2nd requisites means that the statutory
classification must bear some relationship to the end
sought to be attained
Progressive system of taxation
Rate increases as the tax base increases
Power of taxation as an instrument for a more equitable
distribution of wealth
Delegated tax legislation
Garcia v Executive Secretary
o Rule that revenue bills must originate from the HoR
under Art VI, Sec 24 does not prevent Congress from
exercising delegating authority, nor does it invalidate the
delegated authority even if it involves authority to create
revenue measures
Tax exemptions
Exemptions must be for a public purpose, uniform and
equitable, and in conformity with the equal protection clause
Policy on the law on tax exemptions is that, while they must
be strictly applied, they must also be applied fairly in a manner
that will achieve the intent for which the exemptions were
created
Exemption in favor of property used exclusively for charitable
or educational purposes is not limited to property actually
indispensable thereof, but extends to facilities which are
incidental to and reasonably necessary for the accomplishment
of said purposes

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SEC 29: Restrictions on use of public fund


(1) No money shall be paid out of the Treasury except in
pursuance of an appropriation made by law.
(2) No public money or property shall be appropriated, applied,
paid, or employed, directly or indirectly, for the use, benefit,
or support of any sect, church, denomination, sectarian
institution, or system of religion, or of any priest,
preacher, minister, or other religious teacher or dignitary
as such, except when such priest, preacher, minister, or
dignitary is assigned to the armed forces, or to any penal
institution, or government orphanage or leprosarium.
(3) All money collected on any tax levied for a special purpose
shall be treated as a special fund and paid out for such
purpose only. If the purpose for which a special fund was
created has been fulfilled or abandoned, the balance, if any,
shall be transferred to the general funds of the
Government.
Guingona v Carague (par 1; automatic debt service
appropriation)
o Congressional authorization may be embodied in annual
laws, such as a gneral appropriations act or in special
provisions of laws of general or special application
which appropriate public funds for specific public
purposes, such as the questioned decrees.
o The Constitution does not require a definite, certain,
exact, or specific appropriation made by law.
Osmena v Orbos (par 3; OPSF as special fund)
o Gaston v Republic Planters Bank
Tax collected is not in a pure exercise of the taxing
power. It is levied with a regulatory purpose, to
provide a means for stabilization of sugar industry.
Levy is primarily in the exercise of the police power
of the State.
Stabilization Fund as a special kind of fund is
emphasized by the fact that the funds are deposited
in PNB and not in the Philippine Treasury.
o While the funds collected may be referred to as taxes,
they are exacted in the exercise of the police power of
the State.
o OPSF is a special fund. It is segregated from the general
fund, and while it is placed in what the law refers to as a
trust liability account, the fund nonetheless remains
subject to the scrutiny and review of COA.
Fiscal powers of Congress
Wields the power of the purse: power to generate money
through taxation and power to spend it
Power to appropriate
o Only Congress can authorize expenditure of public funds
o Carries with it power to specify not just amount that may
be spent but also the purpose for which it may be spent
Special funds
PCGG v COCOFED
o Tax proceeds may only be used for a public purpose:
General public purpose to support the state
Special public purpose to pursue certain legitimate
objects of government in the exercise of police
power

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Kat Nieto | Block B 2019

SEC 30: Appellate jurisdiction of the Supreme Court


No law shall be passed increasing the appellate jurisdiction of the
Supreme Court as provided in this Constitution without its
advice and concurrence.
First Lepanto Ceramics v CA (invalid increase in appellate
jurisdiction)
o Indiscriminate enactment of legislation enlarging its
appellate jurisdiction can unnecessarily burden Court and
thereby undermine its essential function of expounding
the law in its most profound national aspects.
Fabian v Desierto (administrative disciplinary cases in
OMB cant be appealed to SC)
o Constitutional prohibition intended to give the Court a
measure of control over cases placed under its appellate
jurisdiction.
o Sec 27 or RA 6770 invalid insofar as it provides for
appeals in administrative disciplinary cases from the
Office of the Ombudsman to the Supreme Court.
Appellate jurisdiction of the Supreme Court
Sec 2, Art VIII gives Congress the power to apportion
jurisdiction of courts
Congress is free to add or subtract from the powers of the
courts except when fixed by the Constitution
Congress increasing jurisdiction of the Supreme Court must
be with the advice and concurrence of the Court
SEC 31: Titles of royalty and nobility
No law granting a title of royalty or nobility shall be enacted
Titles of royalty and nobility
No Filipino could accept honors, decorations or orders or
titles of honor and nobility from foreign nations without
authorization of the government
Government was also forbidden from establishing of granting
them to any Filipino
SEC 32: Initiative and referendum
The Congress shall, as early as possible, provide for a system of
initiative and referendum, and the exceptions therefrom, whereby
the people can directly propose and enact laws or approve or
reject any act or law or part thereof passed by the Congress or
local legislative body after the registration of a petition therefor
signed by at least 10% of the total number of registered voters,
of which every legislative district must be represented by at least
3% of the registered voters thereof.
Defensor-Santiago
v
COMELEC
(implementing
legislation)
o RA 6735, invoked by petitioners as the enabling law for
initiative to be taken, is incomplete, inadequate, or
wanting in essential terms and conditions insofar as
initiative on amendments to Constitution is concerned.
Cant be cured thru empowering COMELEC to
promulgate IRR to carry out purposes of Act.
Lambino v COMELEC (failure to inform the purpose of
the amendment)
o An amendment is directly proposed by people through
initiative upon a petition only if people sign on a petition
that contains the full text of the proposed amendments.
Initiative and referendum
Current implementing law RA 6735
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Article VII: Executive Department


SEC 1: Executive power
The executive power shall be vested in the President of the
Philippines.
Marcos v Manglapus (residual powers; executive power)
o Powers of the President cannot be said to be limited only
to the specific powers enumerated in the Constitution.
o Executive power: not limited to those enumerated in Art
7; plenary but subject to limitations
o Residual powers: President shall exercise powers and
functions vested in the President which are provided for
under the laws and which are not specifically enumerated
Banda v Ermita (power of control, reorganizing and
restructuring)
o President has the power to reorganize the offices and
agencies in the executive department.
Biraogo v Truth Commission (conducting investigation
and creating ad hoc committees)
o Faithful execution of laws
o Creation of ad hoc committees is within the power of
the President in order to conduct investigations to aid
him in ensuring faithful execution of laws.
o Truth Commission of 2010
Pontejos v Ombudsman (granting immunity)
o The power to choose who to discharge as state witness is
an executive function. Essentially, it is not a judicial
prerogative.
o There are many laws that allow government
investigators and prosecutors to grant immunity (e.g.
DOJ, COMELEC, PCGG)
Soliven v Makasiar (executive immunity; can only be
invoked by the President)
o President privilege of immunity from suit is to assure
the exercise of Presidential duties and functions free
from any hindrance or distraction.
o Privilege of immunity may be invoked only by the holder
of the office, not by any other person in the Presidents
behalf.
Estrada v Desierto (executive immunity; criminal and civil
cases filed)
o When impeachment proceedings have become moot due
to the resignation of the President, proper criminal and
civil cases may already be filed against him.
o It will be anomalous to hold that immunity is an
inoculation (immunization) from liability for unlawful
acts and omissions.
Clinton v Jones (executive immunity; official acts only)
o Immunity should extend only to acts in performance of
particular functions of his office (can be sued for unofficial
acts).
US v Nixon (executive immunity; Presidential privilege)
o Immunity: not subject to any jurisdiction not unless
impeached.
o When claim of Presidential privilege is based merely on
the ground of a generalized interest in confidentiality,
Presidents generalized assertion of privilege must yield
to the specific need for evidence in a pending criminal
trial and the fundamental demands of due process of law
in the fair administration of criminal justice.
Akbayan v Aquino (diplomatic negotiations privilege)
o Diplomatic negotiations privilege bears a close
resemblance to the deliberative process and presidential

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communications privilege.
o Privilege for diplomatic negotiations is meant to
encourage a frank exchange of repository ideas between
the negotiating parties by shielding such negotiations
from public view.
Immunity from suit
Although not explicitly stated, presidential immunity during
tenure remains part of the law
Once out of office, even before the end of the 6-year term,
immunity for non-official acts is lost
Forbes v Chuoco Tiaco and Crossfield
o Governor-General, like judges of the courts and
members of the Legislature, may not be personally
mulcted in civil damages for the consequences of an act
executed in the performance of his official duties
o Principle of non-liability does not mean that the chief
executive may not be personally sued at all in relation to
acts which he claims to perform as such official
o Protected from personal liability damages provided that
he actually used discretion and judgment in determining
whether he had authority to act or not
o He is not protected if the lack of authority to act is so
plain that there is no difficulty in judging the act
Estrada v Desierto
o Non-sitting President does not enjoy immunity from suit
Even a sitting President is not immune from suit for
non-official acts or for wrong-doing
Executive privilege
Power of the President to withhold certain types of
information from the courts, Congress, and public
Types of information include:
o Disclosure would subvert military and diplomatic
objectives
o Identity of persons who furnish information of
violations of law
o Internal deliberations comprising the process by which
government decisions are reached
Necessity for non-disclosure of information must be of such
high degree as to outweigh public interest in enforcing that
obligation in a particular case
Presidential communication is presumptively privilege but is
subject to rebuttal
The Cabinet
Extra-constitutionally created
Consists of heads of department, body of presidential
advisers

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SEC 2: Qualifications of the President


No person may be elected President unless he is a natural-born
citizen of the Philippines, a registered voter, able to read and
write, at least 40 years of age on the day of the election, and a
resident of the Philippines for at least 10 years immediately
preceding such elections.
Tecson v COMELEC (citizenship qualification)
o Assailing the citizenship of FPJ (i.e. Natural born or not)
o While the totality of the evidence may not establish
conclusively that FPJ is a natural born citizen, evidence
on hand still preponderates in his favor
Qualifications of the President
1. Natural-born citizen of the Philippines
2. Registered voter
3. Able to read and write
4. At least 40 yrs of age on election day
5. Resident of the Philippines for at least 10 yrs immediately
preceding such elections
o Domiciled in the Philippines
Bodily presence in the locality
An intention to remain there - animus manendi
Intention to abandon the old domicile - animus non
revertendi
SEC 3: The Vice-President
There shall be a Vice-President who shall have the same
qualifications and term of office and be elected with and in the
same manner as the President. He may be removed from office in
the same manner as the President.
The Vice-President may be appointed as a Member of the
cabinet. Such appointment requires no confirmation.
The Vice-President
Essentially a President in reserve
Same qualifications, term, and grounds for removal as a
President
No other function than to be prepared to assume the
presidency should a vacancy in the office arise, unless
appointed as a member of the Cabinet or given some
executive function

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SEC 4: The Election of the President and Vice-President


The President and the Vice President shall be elected by direct
vote of the people for a term of 6 years which shall begin at
noon on the 30th day of June next following the day of the
election and shall end at noon of the same date 6 years thereafter.
The President shall not be eligible for any reelection. No person
who has succeeded as President and has served as such for more
than 4 years shall be qualified for election to the same office at
any time.
No Vice-President shall serve for more than 2 successive terms.
Voluntary renunciation of the office for any length of time shall
not be considered as an interruption in the continuity of the
service for the full term for which he was elected.
Unless otherwise provided by law, the regular elections for
President and Vice-President shall be held on the 2nd Monday of
May.
The returns of every election for President and Vice-President
duly certified by the board of canvassers of each province or city,
shall be transmitted to the Congress, directed to the President of
the Senate. Upon receipt of the certificates of canvass, the
President of the Senate shall, not late than 30 days after the day
of the election, open all the certificates in the presence of the
Senate and the House of Representatives in joint public session,
and the Congress, upon determination of the authenticity and
due execution thereof in the manner provided by law, canvass the
votes.
The person having the highest number of votes shall be
proclaimed elected, but in case 2 or more shall have an equal and
highest number of votes, one of them shall forthwith be chosen
by the vote of a majority of all the Members of both Houses of
the Congress, voting separately.
The Congress shall promulgate its rules for the canvassing of
the certificates.
The Supreme Court, sitting en banc, shall be the sole judge of all
contests relating to the election, returns, and qualifications of the
President or Vice-President, and may promulgate its rules for the
purpose.
Macalintal v COMELEC (par 4, duty of Congress to
canvass votes and proclaim winners for Pres & Vice Pres)
o The canvassing of the votes and the proclamation of the
winning candidates for President and Vice-President for
the entire nation must remain in the hands of Congress.
o COMELEC empowered by a statute to proclaim winners
including the President and the Vice-President violate
the constitutional mandate that such act is to be
exercised by Congress.
Lopez v Senate and House (par 6, rules for canvassing)
o Congress has the power to promulgate its rules for
canvassing the certificates.
Pimentel v Joint Canvassing Committee (Congress
adjournment and non-legislative functions)
o Term of Congress did not end upon adjournment.
Legislative functions may have come to a close but
this does not affect its non-legislative functions.
Term ends at the noon of 30th day of June.
o Cannot adjourn sine die until it has accomplished its
constitutionally mandated tasks.
Only when a board of canvassers has completed its
functions is it rendered functus officio.
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FPJ v GMA (real party substitution)


o Intervention allowed but only by a real party in interest.
Real party: party who would be benefited or injured
by the judgment and party who is entitled to the
avails of the suit
o No real party such as the Vice-Presidential aspirants in
the 2004 elections, have come forward to intervene, or to
be substituted for FPJ.
o Only the 2nd and 3rd placers may contest the election.
Legitimate beneficiary in a successful election
contest.
Tecson v COMELEC (par 7, SC jurisdiction)
o Decisions of the COMELEC on disqualification cases
may be reviewed by the Supreme Court.
o Contest is in reference to a post-election scenario.
Jurisdiction of the Supreme Court, therefore, would not
include cases before the elections are held.
Macalintal v PET (creation of PET constitutional)
o SCs constitutional mandate to act as sole judge of
election contests involving the countrys highest public
officials, and its rule-making authority in connection
therewith, is not restricted; it includes all necessary
powers implicit in the exercise thereof.
Term of the President and Vice-President
Fixing of exact time and date for the start and ending of the
term excludes the right to hold-over
o Noon on June 30, 6 yrs after the start of the term, either
newly elected President takes over or the rule on filing
of vacancies in Sec 7 becomes operative
Vice-Presidents may not serve for more then 2 successive terms
o If succeeds to presidency, if serves for less than 4 yrs, he
may run for election as President since it would not be a
re-election in that case
Congress as national board of canvassers
Given the authority to make a determination of authenticity
and due execution of returns
Breaking a presidential or vice-presidential tie
Broken by a vote of a majority of the Members of both
Houses of the Congress, voting separately
Presidential and Vice-Presidential election controversies
Rule in presidential contests:
o Only the 2nd and 3rd placers may contest the election
o Excludes widow of losing candidate
SEC 5: Oath
Before they enter on the execution of their office, the President,
the Vice-President, or the Acting President shall take the
following oath or affirmation:
I do solemnly swear (or affirm) that I will faithfully and
conscientiously fulfill my duties as President (or Vice-President
or Acting President) of the Philippines, preserve and defend its
Constitution, execute its laws, do justice to every man, and
consecrate myself to the service of the Nation. So help me God.
(In case of affirmation, last sentence will be omitted)

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SEC 6: Residence and salaries


The President shall have an official residence. The salaries of the
President and Vice-President shall be determined by law and
shall not be decreased during their tenure. No increase in said
compensation shall take effect until after the expiration of the
term of the incumbent during which such increase was approved.
They shall not receive during their tenure any other emolument
from the government or any other source.
SEC 7: Vacancy at the beginning of the term
The President-elect and Vice-President-elect shall assume office
at the beginning of their terms.
If the President-elect fails to qualify, the Vice-President-elect
shall act as President until the President-elect shall have
qualified.
If a President shall not have been chosen, the
Vice-President-elect shall act as President until a President shall
have been chosen and qualified.
If at the beginning of the term of the President, the
President-elect shall have died or shall have become permanently
disabled, the Vice-President-elect shall become President.
Where no President and Vice-President shall have been chosen
or shall have qualified, or where both shall have died or become
permanently disabled, the President of the Senate or, in case of
his inability, the Speaker of the House of Representatives shall
act as President until a President or a Vice-President shall have
been chosen and qualified.
The Congress shall, by law, provide for the manner in which one
who is to act as President shall be selected until a President or a
Vice-President shall have been qualified, in case of death,
permanent disability, or inability of the officials mentioned in the
next preceding paragraph.
Vacancy situations at the beginning of the term
Vice-President becomes acting President until a President
qualifies
1. President chosen but fails to qualify at the beginning of
his term
2. No President has yet been chosen at the time he is
supposed to assume office
Vice-President becomes President
3. President elect dies or is permanently incapacitated
before beginning his term
Senate President or Speaker of the House (in that order)
becomes President until a President or Vice-President
qualifies
4. Both President and Vice-President have not been chosen
or have failed to qualify
5. When both shall have died or become permanently
incapacitated at the start of their term
Congress will decide by law who will act as President until a
President or Vice-President shall have been elected and
qualified
6. Officials mentioned in situations 4 and 5 shall have died,
or shall have become permanently incapacitated, or are
unable to assume office

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SEC 8: Vacancy situations during the term


In case of death, permanent disability, removal from office, or
resignation of the President, the Vice-President shall become the
President to serve the unexpired term. In case of death,
permanent disability, removal from office, or resignation of both
the President and Vice-President, the President of the Senate, or
in case of his inability, the Speaker of the House of
Representatives, shall then act as President until the President or
Vice-President shall have been elected and qualified.
The Congress shall, by law, provide who shall serve as President
in case of death, permanent disability, or resignation of the
Acting President. He shall served until the President or the
Vice-President shall have been elected and qualified, and be
subject to the same restrictions of powers and disqualifications
as the Acting President.
Estrada v Desierto
o SC unanimous in saying that Estrada was not sitting
president but justices had different reasoning, no
established doctrine
o Justice Mendoza: permanent disability can refer to
physical, mental, or moral rendering the President
unable to exercise the powers and functions of his office
o Justice Bellosillo: permanent disability also refers to
losing moral and legal authority to lead
Refusal of civil society to obey Estrada
Mass resignation of key cabinet officials
AFP and PNPs withdrawal of support
Congress and international recognition of GMA
Estrada v Arroyo (incapacity is a political question)
o Judgment that Estrada had resigned thereby leaving the
office vacant was based on two statements of Estrada
just before he left Malacanang and on the diary of
Angara.
o Court cannot review Estradas incapacity as President
Full discretionary authority has been delegated to
the Legislature
Question of Estradas claim of inability to
discharge the powers and duties of the president is
a political one and addressed solely to Congress
Filling a vacancy in the presidency
Rules for filling a vacancy in presidency:
o Sec 7: vacancy occurs at start of the term
o Sec 8: vacancy occurs in mid-term
Vacancy situations at the beginning of the term
Vice-President becomes President
1. Incumbent President dies, or is permanently disabled, is
removed, or resigns; thus, vacancy created is permanent
Senate President or Speaker of the House (in that order)
becomes President until a President or Vice-President
qualifies
2. Both President and Vice-President die, or are
permanently disabled, are removed, or resign
Congress will decide by law who will act as President until a
President or Vice-President shall have been elected and
qualified
3. Acting President dies, or is permanently incapacitated, is
removed, or resigns

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SEC 9: Vacancy in the office of the Vice-President


Whenever there is a vacancy in the office of the Vice-President
during the term for which he was elected, the President shall
nominate a Vice-President from among the Members of the
Senate and the House of Representatives who shall assume office
upon confirmation by a majority vote of all the Members of both
Houses of the Congress, voting separately.
SEC 10: Vacancy in both the presidency and vice-presidency
The Congress shall, at 10 oclock in the morning of the 3rd day
after the vacancy in the offices of the President and
Vice-President occurs, convene in accordance with its rules
without need of a call and within 7 days enact a law calling for a
special election to elect a President and a Vice-President to be
held not earlier than 45 days nor later than 60 days from the time
of such call. The bill calling such special election shall be deemed
certified under paragraph 2, Section 26, Article VI of this
Constitution and shall become law upon its approval on 3rd
reading by the Congress. Appropriations for the special election
shall be charged against any current appropriations and shall be
exempt from the requirements of paragraph 4, Section 25,
Article VI of this Constitution. The Convening of the Congress
cannot be suspended nor the special election postponed. No
special election shall be called if the vacancy occurs within 18
months before the date of the next presidential election.
SEC 11: Incapacity of the President
Whenever the President transmits to the President of the Senate
and to the Speaker of the House of Representatives his written
declaration that he is unable to discharge the powers and duties
of his office, and until he transmits to them a written declaration
to the contrary, such powers and duties shall be discharged by
the Vice-President as Acting President.
Whenever a majority of all the members of the cabinet transmit
to the President of the Senate and to the Speaker of the House
of Representatives their written declaration that the President is
unable to discharge the powers and duties of his office, the
Vice-President shall immediately assume the powers and duties
of the office as Acting President.
Thereafter, when the President transmits to the President of the
Senate and to the Speaker of the House of Representatives his
written declaration that no inability exists, he shall reassume the
powers and duties of his office. Meanwhile, should a majority of
all the Members of the Cabinet transmit within 5 days to the
President of the Senate and to the Speaker of the House of
Representatives their written declaration that the President is
unable to discharge the powers and duties of his office, the
Congress shall decide the issue. For that purpose, the Congress
shall convene, if it is not in session, within 48 hours, in
accordance with its Rules and without need of call.
If the Congress, within 10 days after receipt of the last written
declaration, or, if not in session, within 12 days after it is
required to assemble, determines by a 2/3 vote of both Houses,
voting separately, that the President is unable to discharge the
powers and duties of his office, the Vice-President shall act as
President; otherwise, the President shall continue exercising the
powers and duties of his office.
SEC 12: Serious illness of the President
In case of serious illness of the President, the public shall be
informed of the state of his health. The Members of the Cabinet
in charge of national security and foreign relations and the Chief
of Staff of the Armed Forces of the Philippines, shall not be
denied access to the President during such illness.
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SEC 13: Prohibition against holding another office or employment


The President, Vice-President, the Members of the Cabinet, and
their deputies or assistants shall not, unless otherwise provided
in this Constitution, hold any other office or employment during
their tenure. They shall not, during said tenure, directly or
indirectly practice any other profession, participate in any
business, or be financially interested in any contract with, or in
any franchise, or special privilege granted by the Government or
any subdivision, agency, or instrumentality thereof, including
government-owned or controlled corporations or their
subsidiaries. They shall strictly avoid conflict of interest in the
conduct of their office.
The spouse and relatives by consanguinity or affinity within the
4th civil degree of the President shall not during his tenure be
appointed as Members of the Constitutional Commissions, or the
Office of the Ombudsman, or as Secretaries, Undersecretaries,
chairman or heads of bureaus or offices, including
government-owned or controlled corporations and subsidiaries.
Doromal v Sandiganbayan (indirect interest)
o Signed document bearing the signature of Doromal as
part of the application to bid is not a sine qua non because
the company in question remained a family corporation
in which Doromal has at least an indirect interest.
CLU v Executive Secretary (2 exceptions; officials
covered)
o President, Vice-President, cabinet members, and their
deputies or assistants (e.g. Undersecretary, assistant
secretary); ranks below Asec not covered
o 2 exceptions to the constitutional prohibition against
holding another office:
1. Specified in the Constitution itself (e.g. VP as
cabinet member, Sec of Justice ex-officio in JBC)
2. Ex-officio capacity
No additional compensation as provided by law
and as required by the primary functions of
said officials office
Bitonio, Jr v COA (compensation of agent v principal)
o Agent cannot have greater rights than the principal (e.g.
principal receives no compensation but agent does).
o Designation by Acting Secretary of DOLE to be
DOLEs Representative to the Board of Directors of
Phil Economic Zone Authority effectively has the equal
position with that of the Acting Secretary.
Public Interest Center v Ermita (officials not covered;
ex-officio not solely based on compensation)
o Officials having the same rank with that of the secretary,
undersecretary, or assistant secretary (e.g. PCGG
Chairman, CPLC Chairman) are not covered.
o Ex-officio capacity is not solely determined by additional
compensation, it is mandatory that primary functions of
the first appointment is required by the second post.
o Incompatible positions cannot be held by one person.
Funa v Agra (acting capacity is immaterial)
o To hold office means to possess or occupy the office,
actual discharge of the functions and duties of the office.
o Permanent or temporary capacity, objective of Sec 13 is
to prevent concentration of powers in Executive.
Espiritu v Lutgarda (de facto officer)
o Decisions rendered by a de facto officer during his tenure
is presumed to be valid, binding, and effective.
o De facto officer derives authority from an appointment.
o No conclusive evidence presented as to when

Kat Nieto | Block B 2019

appointment was accepted, took oath of office, or


assumed position; hence, considered as a de facto officer.
Prohibition against holding another office or employment
Except for the Vice-President who may be appointed to the
Cabinet, and the Secretary of DOJ who is made ex officio
member of the Judicial and Bar Council, the officials
enumerated in Sec 14 may not hold another office
Other prohibitions
Reasons for prohibitions: to avoid conflict of interest and force
the officials to devote full time to their official duties
Incompatible offices
o Ex. Chief Presidential Legal Council
Duty to give independent and impartial legal advice
on actions of heads of executive departments and
agencies and to review investigations involving
other presidential appointees
May not occupy a position in any of the offices
whose performance he must review
SEC 14: Appointment of Acting President
Appointments extended by an Acting President shall remain
effective, unless revoked by the elected President within 90 days
from his assumption or reassumption of office.
SEC 15: Midnight appointments
Two months immediately before the next presidential elections
and up to the end of his term, a President or Acting President
shall not make appointments, except temporary appointments to
executive positions when continued vacancies therein will
prejudice public service or endanger public safety.
In Re Appointments of
Valenzuela (temporary
appointment needed if vacancy prejudicial to public
service or endangers public safety)
o Art 7, Sec 15 neither requires nor allows the President to
make appointments within the ban period except when
continued vacancies in executive positions will prejudice
public service or endanger public safety, the President
may make temporary appointments.
De la Rama v CA (not applicable to local officials)
o The constitutional prohibition on so-called midnight
appointments, specifically those made within 2 months
immediately prior to next presidential elections, applies
only to President or Acting President.
De Castro v JBC (President can appoint members in
judiciary during ban)
o Prohibition under Sec 15, Art 7 does not apply to
appointments to fill a vacancy in the Supreme Court or to
other appointments to the judiciary.
Sana v Career Executive Service Board
o Appointment under assailed resolution is merely a
completion of previous appointment, no conferment of
authority to exercise functions.
CESO rank not equivalent to an appointment to an
office.
o Moot and academic
Midnight appointments
There is no similar limitation on the power of appointment of
local executives.

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SEC 16: Nature of the appointing power


The President shall nominate and, with the consent of the
Commission on Appointments, appoint the heads of the
executive departments, ambassadors, other public ministers and
consuls, or offices of the armed forces from the rank of colonel
or naval captain, and other officers whose appointments are
vested in him in this Constitution. He shall also appoint all other
officers of the Government whose appointments are not
otherwise provided for by law, and those whom he may be
authorized by law to appoint. The Congress may, by law, vest the
appointment of other officers lower in rank in the President
alone, in the courts, or in the heads of departments, agencies,
commissions, or boards.
The President shall have the power to make appointments during
the recess of the Congress, whether voluntary or compulsory,
but such appointments shall be effective only until disapproval by
the Commission on Appointments or until the next adjournment
of the Congress.
Government v Springer (appointing power is executive)
o Legislative has power to create public office but power to
appoint is essentially executive.
Bermudez v Executive Secretary (discretion in appointing)
o In the exercise of power of appointment, discretion is an
integral part thereof.
o Recommendation of the Secretary of Justice is mere
advise, not binding or obligatory for president to follow.
Flores v Drilon (Congress cant limit power to appoint)
o When Congress clothes the President with the power to
appoint an officer, it cannot at the same time limit the
choice of the President to only one candidate.
o The choice of the appointee is a fundamental component
of the appointing power.
Sarmiento v Mison (exclusion in confirmation by
Commission on Appointments)
o Appointment of bureau officials do not need
confirmation by the Commission on Appointments.
o Officers which need confirmation are only those in the
first sentence of this provision.
Quintos-Deles v CA (appointment of sectoral reps subject
to review)
o Appointment of sectoral representatives subject to
confirmation because appointing power comes from the
Constitution.
o General Rule: appointments vested in President by
express mandate of
the Constitution require
confirmation
o Exception: appointments in Supreme Court, Ombudsman
and his deputies
Calderon v Carale (appointments no confirmation needed)
o Congress, through a statutory law, cannot add another
group to require confirmation by the Commission on
Appointments.
o Appointments not otherwise provided by law and those
whom President may be authorized by law to appoint do
not need confirmation.
Matibag v Benipayo (ad interim not temporary, permanent
in character)
o Ad interim is a permanent appointment made by
President in the meantime while Congress is in recess.
o Appointments disapproved by COA cannot be renewed
anymore, but by-passed ad interim appointments can be
revived by a new ad interim appointment because there is
no final disapproval.

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Rufino v Endriga (appointment only of lower ranks)


o Unconstitutional PD because it authorizes trustees to
appoint officers of equal rank. Constitution only allows
appontment of officers in lower rank.
Abas Kida v Senate | Recon (interim appointments)
o Interim appointments cannot be removed at Presidents
will. Positions are held only up until expiration of terms.
o No incompatibility between Presidents power of
supervision over LGUs and power of appointment
granted by RA 10153.
o Where there are offices which have to be filled, but the
law does not provide the process for filling them, the
Constitution recognizes the power of the President to fill
the office by appointment.
Pimentel Jr v Ermita (acting appointments)
o Essence of an appointment in an acting capacity is its
temporary nature.
o President must necessarily appoint an alter ego of her
choice as acting secretary before the permanent
appointee of her choice could assume office.
o Acting appointments cannot exceed one year and do not
need confirmation from Commission of Appointments.
Bautista v Salonga
o Appointment of Chairman of Commission on Human
Rights does not need confirmation by Commission on
Appointments since position is not included in the
enumeration contained in first sentence of provision.
Nature of appointing power
Government v Springer
o Since the power to appoint is neither legislative nor
judicial, it must be executive
Legislature may create an office and prescribe the
qualifications of the person who may hold the office, but it
may neither specify the person who shall be appointed to such
office nor actually appoint him
Kinds of presidential appointments
Sec 14: appointments made by Acting President
o If President-elect assumes office and does not revoke
appointments made by Acting President within 90 days,
such appointments remain
Sec 15: appointments made by a President within 2 months
before next presidential elections and up to the end of term
o So as not to tie the hands of incoming President through
midnight appointments, appointments made during that
period can only be temporary and therefore revocable by
the President
Sec 16: regular presidential appointments, with or without
confirmation by the Commission on Appointments, and with
recess or ad-interim appointments
o Had a counterpart in 1935 Constitution
Scope of power of the Commission on Appointments
Only those coming under the first sentence of Sec 16 need the
consent of the Commission on Appointments
o Heads of executive departments, ambassadors, other
public ministers and consuls, offices of the armed forces
(colonel or naval captain), other offices whose
appointments are vested in him in this Constitution
E.g. Sectoral representatives provided in Art XVIII,
Sec 7; Chairmen and Commissioners of CSC,
COMELEC, and COA; regular members of the
Judicial and Bar Council
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Constitutional Law I | 1st Sem 2015 | Atty. Chan-Gonzaga

Appointment of Justices and judges, Ombudsman and his


deputies do not need confirmation
o Choices of the President are limited to those which are
recommended by the Judicial and Bar Council
Commission on Human Rights
o Appointment of chairman and members are not specified
by the Constitution
o Falls under all other officers of the Government whose
appointments are not otherwise provided for by law
A law creating an office does not specify who shall
appoint the officer, appointment must be made by
the President
o No confirmation needed
Appointment of officers lower in rank
Rufino v Endriga
o Power given to heads of commissions and boards
o When authority is given to head of collegial bodies, it is
to the chairman that authority is given, not to the body
o Lower in rank - Chairman may not appoint a fellow
member
Power of appointment is also given to the courts or heads of
departments, agencies, commissions, or boards

Kat Nieto | Block B 2019

SEC 17: Power of control


The President shall have control of all the executive
departments, bureaus, and offices. He shall ensure that the laws
be faithfully executed.

Lacson-Magallanes Co Inc v Pano (power of control; acts


of Executive Secretary as act of President)
o Power of control entails power to alter or modify or
nullify or set aside what a subordinate officer has done
and to substitute the judgment of the former with the
latter.
o Executive Secretarys decision is the Presidents decision
as he acts by the authority of the President. Unless the
action taken by Exec Sec is disapproved or reprobated by
Pres, it remains the act of Pres and cannot be assailed.
Ang-Angco v Castillo (power to remove)
o Power of control entails control over acts of subordinate,
not over the actor of the act.
o President has been granted the power to remove if:
1. They are Presidential appointees, and
2. They dont belong to the classified civil service
o Power to remove is inherent in power to appoint.
NAMARCO v Arca (right to appeal)
o President has authority to review and reverse the
decision of NAMARCO.
o Right to appeal to President reposes upon the Presidents
power of control over executive department.
The fact that NAMARCOs charter does not
provide for an appeal does not mean that appeal of
such decision to President cannot be done.
De Leon v Carpio (doctrine of qualified political agency)
o Acts of heads of various departments are, unless
disapproved or reprobated by the Chief Executive,
presumptively the acts of the Chief Executive by virtue
of his power of control over them.
Blaquera et al v Alcasid (executive functions, sound
management and effective utilization of financial
resources)
o Sound management and effective utilization financial
resources of govt are executive functions.

No encroachment upon authority of CSC to grant


benefits to govt personnel because assailed AOs
merely sought to regulate the grant and amount
thereof.
Dadole et al v COA (power of control v power of
supervision)
o With regard to affairs of local government units,
President only exercises supervisory powers.
Pres or any of his alter egos cannot interfere in
local affairs so long as the concerned LGU acted
within parameters of law and Constitution.
o Control v supervision:
Control: one can lay down rules in performance of
an act; if not followed, such act can be ordered to be
done or undone
Supervision: one merely sees to it that rules are
followed; cannot set down nor modify or replace
rules
DENR v DENR Employees (doctrine of qualified political
agency; power to reorganize)
o By doctrine of qualified political agency, power of the
President to reorganize the national government may
validly be delegated to his cabinet members exercising
control over a particular executive department.
Joson v Torres (doctrine of qualified political agency)
o Power of President over administrative cases against
elective officials is derived from the power of
supervision.
o Power to discipline includes power to investigate.
KMU v Director General of NEDA (power to control as
self-executing; faithful execution of laws)
o Presidents constitutional power to control is
self-executing and does not need any implementing
legislation.
o Presidents power to control is limited to the Executive
branch of government and does not extend to Judiciary
or to the independent constitutional commission.
o Faithful execution of laws; government entities
mandated to reduce costs, increase efficiency and in
general improve public services.
Boy Scouts of the Philippines v COA
o BSP as an attached agency under the executive
department but not under government control because it
enjoys operational autonomy so long as there is at least 1
govt representative in its board (but it is not a private
corporation).
o Justice Carpio: determining factor of COAs jurisdiction
is govt ownership or control of corporation
Structural set-up and membership of BSP, where all
except 1, come from private sector, negates any
form of government control over BSP.
National Artist for Literature Virgilio Almario
o Power of control of the President with regard to the
conferment of the Order of National Artists, is not
absolute and must be exercised in accordance with
existing laws.
By declaring the people from the list of Committee
on Honors, the President committed grave abuse of
discretion by acting in complete disregard of the
administrative laws promulgated contrary to his
constitutionally mandated duty.

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Constitutional Law I | 1st Sem 2015 | Atty. Chan-Gonzaga

Power of control
Control not just over the department head but also over all the
subordinate officers of the department
Power of an officer to alter or modify or nullify or set aside
what a subordinate officer had done in the performance of his
duties and to substitute the judgment of the former for that
of the latter
o Control over judgment or discretion of subordinates
o Not a source of Executives disciplinary power over the
person of his subordinates
Disciplinary power flows from power to appoint:
power to remove is inherent in power to appoint
Such power limited by legislature through security
of tenure as provided for in civil service system
No officer or employee of the Civil Service
shall be removed or suspended except for cause
provided by law
Grant of power to control justifies an executive action to
carry out the reorganization of an executive office
o Reorganization can involve reduction of personnel,
consolidation of offices, abolition of positions by reason
of economy or redundancy of functions
o While power to abolish an office is generally lodged with
the legislature, the authority of President to reorganize
executive branch, which may include such abolition, is
permissible under present laws
Doctrine of qualified political agency
o Recognizes that the Constitution has established a single
and not a plural executive
o Acts of secretaries of executive departments, performed
and promulgated in the regular course of business, are,
unless disapproved or reprobated by the Chief Executive,
presumptively the acts of the Chief Executive
o Executive Secretary or an Assistant Executive Secretary,
when acting by authority of the President may reverse
the decision of a department head
o Heads of ministries are alter egos of the President
Constitution alone can curtail power of control
NAMARCO v Arca
o NAMARCO dismissed one of its officers, President
ordered for the reinstatement of officer
o Power to control GOCCs is not purely constitutional but
largely statutory
GOCCs not in the same level as that of executive
department, bureaus, or offices
Power of control with regard to GOCCs based on
EO 386 which was based on Reorganization Act of
1950
Legislature may place GOCCs under the control of
Executive when functions partake of the nature of
government bureaus or offices
GOCCs may be removed by legislature from
Executives control when the nature of functions is
changed

Kat Nieto | Block B 2019

nature of the government under the Constitution


Includes power of President to take measures for
the protection of a judge of one of the courts
o Laws to be faithfully executed are not limited to formal
acts of legislature but extends to any duty or obligation
inferable from the Constitution or from statutes
Reverse side of the power to execute laws is the duty to carry
it out
o President cannot refuse to carry out a law for the simple
reason that in his judgment will not be beneficial to the
people

Faithful execution clause


In re Neagle
o Neagle assigned as body guard of Justice Field; shot
Terry when he attacked Justice Field
o No specific law authorizing assignment of Neagle to
protect Justice Field the way he did
o US Supreme Court: Presidents power to faithfully
execute laws include rights and obligations growing out
of the Constitution, and all protection implied by the
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Constitutional Law I | 1st Sem 2015 | Atty. Chan-Gonzaga

SEC 18: Commander-in-chief


The President shall be the Commander-in-Chief of all the
Armed Forces of the Philippines whenever it becomes necessary,
he may call out such armed forces to prevent or suppress lawless
violence, invasion or rebellion. In case of invasion or rebellion,
when the public safety requires it, he may, for a period not
exceeding 60 days, suspend the privilege of the writ of habeas
corpus or place the Philippines or any part thereof under martial
law. Within 48 hours from the proclamation of martial law or the
suspension of the privilege of the writ of habeas corpus, the
President shall submit a report in person or in writing to the
Congress. The Congress, voting jointly, by a vote of at least a
majority of all its Members in regular or special session, may
revoke such proclamation or suspension, which revocation shall
not be set aside by the President. Upon the initiative of the
President, the Congress may, in the same manner, extend such
proclamation or suspension for a period to be determined by the
Congress, if the invasion or rebellion shall persist and public
safety requires it.

Kat Nieto | Block B 2019

The Congress, if not in session, shall, within 24 hours following


such proclamation or suspension, convene in accordance with its
rules without need of a call.

The Supreme Court may review, in an appropriate proceeding


filed by any citizen, the sufficiency of the factual basis of the
proclamation of martial law or the suspension of the privilege of
the writ or the extension thereof, and must promulgate its
decision thereon within 30 days from its filing.

A state of martial law does not suspend the operation of the


Constitution, nor supplant the functioning of the civil courts or
legislative assemblies, nor authorize the conferment of
jurisdiction on military courts and agencies over civilians where
civil courts are able to function, nor automatically suspend the
privilege of the writ.
The suspension of the privilege of the writ shall apply only to
persons judicially charged for rebellion or offenses inherent in or
directly connected with invasion.
During the suspension of the privilege of the writ, any person
thus arrested or detained shall be judicially charged within 3
days, otherwise he shall be released.
IBP v Zamora (graduated powers; what requires review)
o Graduated
powers
of
the
President
as
Commanderin-Chief
Call out Armed Forces as may be necessary to
suppress lawless violence
Suspend writ of habeas corpus
Impose martial law
o Call-out power cant be reviewed (lesser and more benign
power). Suspension of writ of habeas corpus and
imposition of martial law are subject to review by the
Supreme Court and concurrence of Congress.
o Suspension of writ or habeas corpus or imposition of
martial law requires 2 conditions to concur (not required
in case of power to call out)
(1) actual invasion or rebellion and
(2) public safety must require it
Lacson v Perez (review factual basis of power to call out)
o Court may look into sufficiency of factual basis of power
to call out.
Sanlakas v Executive Secretary (state of rebellion not
necessary in power to call out
o In calling out the armed forces, a declaration of a state

of rebellion is an utter superfluity.


o President has full discretionary power to call out the
armed forces and to determine the necessity for the
exercise of such power.
David v Ermita (limits of emergency powers; legislation)
o President alone can declare a state of national emergency,
however, he has no absolute authority to exercise all the
powers of the State under Sec 17, Art 12 in the absence
of an emergency powers act passed by Congress.
o Sec 17, Art 12 must be understood as an aspect of the
emergency powers clause and must be read in relation to
Sec 23, Art 6. Presidents exercise of such power is
dependent on whether Congress may delegate it to him
pursuant to a law prescribing the reasonable terms
thereof.
Kulayan et al v Governor Tan of Sulu (calling out powers
only vested to President)
o The calling-out powers contemplated under the
Constitution is exclusive to the President.
o Provincial governor is not endowed with the power to
call upon the armed forces at his own bidding.
Ampatuan v DILG (calling out powers to suppress lawless
violence no need for legislation)
o Calling out of the armed forces to prevent or suppress
lawless violence in such places is a power that the
Constitution directly vests in the President. She did not
need a congressional authority to exercise the same.
Fortun v Arroyo (SC still has jurisdiction even beyond 30
days)
o 30-day period does not operate to divest this Court of its
jurisdiction over the case. The settled rule is that
jurisdiction once acquired is not lost until the case has
been terminated.

State of rebellion vs state of emergency


State of rebellion under the power of the President to call the
Armed Forces to suppress lawless violence, insurrection, or
rebellion
David v Ermita
o Declaration of a state of emergency or a state of
rebellion is merely a description of the situation but it
does not give the President new powers
o Under Sec 18, such a situation already authorizes
President to use Commander-in-Chief powers
Military officer who disobeys the Presidents directive may be
made to answer before a court martial

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Constitutional Law I | 1st Sem 2015 | Atty. Chan-Gonzaga

SEC 19: Executive clemency


Except in cases of impeachment, or as otherwise provided in this
Constitution, the President may grant reprieves, commutations,
and pardons, and remit fines and forfeitures, after conviction by
final judgment.
He shall also have the power to grant amnesty with the
concurrence of a majority of all the Members of the Congress.
Mosanto v Factoran (pardon; no auto reinstatement)
o Pardon does not automatically reinstate public official in
post previously held and not entitled to backwages.
o Pardon implies guilt and does not erase the fact of
commission of crim and conviction thereof.
Only when individual is pardoned based on
innocence can guilt be blotted out.
Torres v Gonzales (conditional pardon; executive act)
o The grant of pardon and the determination of terms
and conditions of a conditional pardon are purely
executive acts which are not subject to judicial scrutiny.
o Acceptance of conditional pardon carries with it the
authority of power of Executive to determine whether
condition/s of pardon has or have been violated.
o No judicial pronouncment of guilt is necessary, much
less conviction thereof by final judgment of a court, in
order that a convict may be recommended for the
violation of his conditional pardon.
In Re: Torres v Director of Bureau (conditional pardon;
not subject to judicial scrutiny)
o Conditional pardon a contract between the sovereign
power of Chief Executive and convicted criminal.
o Conditional pardon and its revocation are solely vested in
the President, not subject to judicial scrutiny.
Garcia v COA (pardon based on innocence; auto
reinstatement and backwages)
o Acquittal based on innocence or proven beyond
reasonable doubt that accused did not commit the crime
(but not necessary), such officer is entitled to automatic
reinstatement and backwages.
Llamas v Orbos (executive clemency; administrative cases)
o Presidents grant of executive clemency extends to
administrative cases (but limited to the executive branch,
not in judicial or legislative) not just criminal cases.
Drilon v CA (commutation of sentence)
o Serving the commuted sentence is considered as full
service of sentence, cannot be subject to reinvestigation
for the same offense.
People v Salle (pardon; final judgment necessary)
o Pardoning power subject to limitation of final judgment.
o Judgment is final when: (1) no appeal, (2) accused
commences to serve sentence, (3) appeal is expressly
waived, or (4) accused applies for probation.
o Appeal must be expressly withdrawn first in order to
accept pardon.
Echegaray v Secretary of Justice (no encroachment)
o TRO on execution is not an encroachment of executive
powers for having the same effect as granting reprieve,
which is an executive function.
o No encroachment of powers, but same effect:
Suspension
Judiciary: suspension of death sentence
Executive: power of reprieve
Commutation
Legislative: death penalty to life imprisonment
Executive: power to commute final sentence

Kat Nieto | Block B 2019

Garcia v Sesbreno (commutation; no auto restoration of


full rights)
o Commutation is a mere reduction of penalty and only
partially extinguishes criminal liability.
Restoration of full civil and political rights must be
expressly stated.
Risos-Vidal v COMELEC & Estrada (absolute pardon)
o Restoration of absolute pardon fully restores civil and
political rights.
Purpose of executive clemency
Serves as an instrument for correcting infirmities in
administration of justice and for mitigating whatever
harshness might be generated by a too strict application of
the law
Power of executive clemency is non-delegable and must be
exercised by the President personally
Constitutional limits on executive clemency
3 limitations on the power of executive clemency
1. Cannot be exercised over cases of impeachment
2. Reprieves, commutations, and pardons, and remission of
fines and forfeitures can be given only after conviction
by final judgment
3. Grant of amnesty must be with the concurrence of a
majority of all the Members of Congress
o Art IX, C, Sec 5: No pardon, amnesty, parole, or
suspension of sentence for violation of election laws,
rules, and regulations shall be granted by the President
without the favorable recommendation of COMELEC
Llamas v Orbos
o Constitution did not make a distinction between criminal
and administrative penalties
o Court considered clemency for administrative penalties
as included in clemency for more serious criminal
penalties
o Intent of 1986 Constitutional Commission: not to
impose limits on the power of executive clemency
beyond those explicitly provided for in the Constitution
Pardon: nature and legal effects
US v Wilson
o Chief Justice Marshalls delineation
o Pardon
Act of grace, proceeding from the power entrusted
with the execution of the laws
Exempts individual from punishment the law
inflicts for a crime he has committed
Private, though official act of executive magistrate,
delivered to the individual whose benefit is intended
Not communicated officially to the Court
A deed, delivery of which is not complete without
acceptance
May be rejected by person to whom it is
tendered; if rejected, no power in a court can
force it on him
No legal power can compel the executive to give it
Conditional pardon
o Cabantag v Wolfe
Conditional pardon has no force until accepted by the
condemned
Condition may be less acceptable to him than
original punishment; he has a right to choose
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Constitutional Law I | 1st Sem 2015 | Atty. Chan-Gonzaga

whether to accept or reject


Differs from commutation which is a mere
reduction of penalty or from a pardon which is
its total remission
o Better rule: acceptance by the condemned is required
only when the offer of clemency is not without
encumbrance
Hard to see how consent has anything to do with
commutation of death to imprisonment of life
o Acceptance of conditions of pardon imports acceptance
of the condition that the President will also determine
whether the condition has been violated
Amnesty
May be given only with the concurrence of a majority of all
the members of the Congress
Barrioquinto v Fernandez
Pardon
Amnesty
Granted
by
Chief Proclamation of Chief
Executive
Executive
with
concurrence of Congress
Private act which must be Public act of which the
pleaded and proved by
courts take judicial notice
person pardoned, courts
take no notice
Granted after conviction
Granted before or after
institution of criminal
prosecution or conviction
Looks
forward
and Looks backward
relieves offender from Obliterates
offense,
consequences
of
an
person released stands
offense
before law as though he
Abolishes or forgives
had committed no offense
punishment, does not
automatically
restore
rights to hold public office
or
suffrage
unless
expressly stated
Does not exempt from
civil liability
Amnesty may be defined as grant of general pardon to a class
of political offenders either after conviction or even before
charges are filed
o Political offenders can be reached by pardon but by
individual pardon which does not need legislative
concurrence and can only be granted after conviction
o General pardon to rebels for treason and other high
political offenses
Tax amnesty
o Not an act of executive clemency but a legislative act
under Amendment 6 of 1973 Constitution
o General pardon or intentional overlooking of authority
to impose penalties on persons otherwise guilty of
evasion or violation of revenue or tax law
Mosanto v Factoran
o Does not consider a pardoned person as innocent
o Pardon erases penalty and legal disabilities consequent
on the penalty but does not entitle the person to
reinstatement by right but may be reappointed
o However, if a person is pardoned because he has been
acquitted on grounds that he had not committed the
crime, reinstatement and back wages are due by right

Kat Nieto | Block B 2019

Other forms of executive clemency


Reprieve: postpones execution of an offense to a day certain
Commutation: remission of a part of the punishment,
substitution of a less penalty for the one originally imposed
o Does not have to be in any specific form
Remission of fines and forfeitures
o Merely prevents collection of fines or confiscation of
forfeited properties
o Cannot have the effect of returning property which has
been vested in 3rd parties or money already in public
treasury
SEC 20: Power to contract or guarantee foreign loans
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. The Monetary Board shall, within 30 days from
the end of every quarter of the calendar year, submit to the
Congress a complete report of its decisions on applications for
loans to be contracted or guaranteed by the Government or
government-owned and controlled corporations which would
have the effect of increasing the foreign debt, and containing
other matters as may be provided by law.
Spouses Constantino v Cuisia (restriction provided by law;
doctrine of qualified political agency)
o President can contract and guarantee foreign loans. No
prohibition on the issuance of certain kinds of loans or
distinctions as to which kinds of debt instruments are
more onerous than others.
o Only restriction that the Constitution provides is that the
loans must be subject to limitations provided by law.
RA 245 allows foreign loans to be contracted in the
form of bonds
o Sec of Finance may enter into foreign borrowing
contracts but with presidential authorization.
Hontiveros-Baraquel v TRB (qualified political agency)
o President acts through alter egos whose acts are as if the
Chief Executives own (except in cases where
constitutionally vested power is limited to the personal
exercise by the President (e.g. Martial law, pardon, etc)).
Approval of ASTOA by DOTC Sec is valid.
Power to contract or guarantee foreign loans
President cannot contract or guarantee foreign loans without
the concurrence of the Monetary Board
Both the President and the Monetary Board are subject to the
limitations as may be provided by law
Spouses Constantino v Cuisia
o Financing Program for foreign loans instituted by the
President with proper authorization extinguished
portions of the countrys pre-existing loans through
either debt buyback or bond-conversion
o Court held that launching of the Program was justified
by the constitutional power of the President

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Constitutional Law I | 1st Sem 2015 | Atty. Chan-Gonzaga

SEC 21: International agreements


No treaty or international agreement shall be valid and effective
unless concurred in by at least 2/3 of all the members of the
Senate.
Gonzales v Hechanova (nullification of treaty)
o President may not defeat legislative enacments that have
acquired the status of laws by indirectly repealing the
same through an executive agreement providing for the
performance of the very act prohibited by said laws.
o Constitution authorizes the nullification of a treaty, not
only when it conflicts with the fundamental law, but also
wehn it runs counter to an act of Congress.
Pimentel v Ermita (prerogative of President)
o It is within the authority of the President to refuse to
submit a treaty to the Senate or, having secured its
consent for its ratification, refuse to ratify it.
o Decision to enter or not into a treaty is a prerogative
solely vested upon the President. Unless President
submits a treaty to the Senate, there is nothing for the
Senate to concur.
Lim v Executive Secretary (conflict bet intl and natl law)
o Intepretation of international law or agreements must be
in line with the Constitution.
Ratification of 2/3 of Senate does not imply that
such treaty takes primacy over national law.
o In case of conflict between municipal law and
international law, Court has power to review the
constitutionality or validity of treaties, international
agreements, and executive agreements.
Bayan v Executive Secretary (mandatory concurrence of
Senate; executive agreement is binding)
o In ratification of VFA, it is immaterial whether Sec 21,
Art 7 or Sec 25, Art 18 was invoked. What is material is
that the concurrence of Senate is mandatory.
o Inconsequential whether the US treats the VFA only as
an executive agreement because under international law,
an executive agreement is as binding as a treaty.
Secretary of Justice v Judge Lantion (Court and treaties)
o Court cannot alter, amend, or add to a treaty by insertion
of any clause or dispense with any of its conditions and
requirements or take away any qualification or integral
part of any stipulation, upon any motion of equity, or
general convenience, or substantial justice.
o Treaties should be interpreted in light of their intent.
Bayan Muna v Secretary Romulo (executive agreements)
o International agreements may be in the form of:
Treaties requiring legislative concurrence after
executive ratification, or
Executive agreements which do not require
legislative concurrence and are less formal and deal
with a narrower range of subject matters
o No difference in the binding effects between treaties and
executive agreements.
o Executive agreements cannot be used to amend a treaty
that is the product of the ratifying acts of the Executive
and the Senate.
Vinuya v Romulo (discretionary power of executive in
bringing claims to international legal system; jus cogens)
o Question of whether the Philippine government should
espouse claims of its nationals against a foreign
government is a foreign relations matter.
o Such matter is not for the courts to decide but the
political branches.

Kat Nieto | Block B 2019

o Executive Department has already decided that it is to be


the best interest to waive all claims of its nationals for
reparations against Japan in the Treaty of Peace in 1951.
o State is the sole judge to decide whether protection will
be granted to individuals who intend to bring a claim
within the international legal system.
o Jus cogens refers to certain fundamental, overriding
principles of international law, from which no derogation
is ever permitted.
Senate concurrence in international agreements
Treaties, whether bilateral or multilateral, require Senate
concurrence
Chief Executive can enter into executive agreements without
concurrence of legislature
o Faithful execution of laws
Termination of treaty
Congress can pass a law effectively negating the terms of a
treaty
o Such act can only affect the domestic force of the treaty
Other foreign affairs powers
3 distinct foreign affairs powers:
1. Power to make treaties
2. Power to appoint ambassadors, other public ministers,
and consuls
3. Power to receive ambassadors and other public ministers
duly accredited to the Philippines
SEC 22
The President shall submit to the Congress, within 30 days from
the opening of every regular session as the basis of the general
appropriations bill, a budget of expenditures and sources of
financing, including receipts from existing and proposed revenue
measures.
SEC 23
The President shall address the Congress at the opening of the
regular session. He may also appear before it at any other time.

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Constitutional Law I | 1st Sem 2015 | Atty. Chan-Gonzaga

Article VIII: Judicial Department


SEC 1: Judicial power
The judicial power shall be vested in one Supreme Court and in
such lower courts as may be established by law.
Judicial power includes the duty of the courts of justice to settle
actual controversies involving rights which are legally
demandable and enforceable, and to determine whether or not
there has been a grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of any branch or
instrumentality of the Government.
Santiago v Bautista (legally demandable and enforceable
rights)
o Exercise of judicial functions is to determine what the
law is, and what the legal rights of parties are, with
respect to a matter in controversy.
o It is necessary that there be a law granting such rights.
Marcos v Manglapus (political questions limited to
determination of grave abuse of discretion)
o When political questions are involved, the Constitution
limits the determination to whether or not there has been
a grave abuse of discretion amounting to lack or excess
of jurisdiction on the part of the official whose action is
being questioned.
Echegaray v Secretary of Justice (jurisdiction of Court)
o The power to control the execution of decision is an
essential aspect of Courts jurisdiction.
o Final judgment does not automatically divest Court of
jurisdiction, what it loses is the power to amend the
decision.
US v Nixon (due process of law over Pres privilege)
o Legitimate needs of judiciary in criminal process may
outweigh Presidential privilege.
o Presidents generalized assertion of privilege must yield
to the specific need for evidence in a pending criminal
trial and the fundamental demands of due process of law
in the fair administration of criminal justice.
Infotech Foundation et al v COMELEC (definition of
grave abuse of discretion)
o Grave abuse of discretion (1) when an act is done
contrary to the Constitution, the law or jurisprudence; or
(2) when it is executed whimsically, capriciously, or
arbitrarily out of malice, ill will or personal bias.
SALN Justices (control over documents)
o Power to regulate access by public to documents stems
from inherent power of Court, as custodian of these
personal documents, to control its very office to the end
that damage to, or loss of, records may be avoided; that
undue interference with duties of the custodian of books
and documents and other employees may be prevented;
and that the right of other persons entitled to make
inspection may be insured.
In re Laureta (finality of disputes)
o It is elementary that the Supreme Court is supreme,
entrusted exclusively with the judicial power to
adjudicate with finality all justiciable disputes, public and
private. No other department or agency may pass upon
its judgments or declare them unjust.
In re Letter of UP Law Faculty (limitation to criticisms)
o While there is a right to criticize the judiciary, many
types of criticism may be become harmful which can
threaten the independence of judiciary, affect its
functions, etc.

Kat Nieto | Block B 2019

Manila Electric Co v Pasay Transit Co (non-judicial


functions)
o Supreme Court and its members should not and cannot
be required to exercise any power or to perform any
trust or to assume any duty not pertaining to or
connected with the administering of judicial functions.
Noblejas v Teehankee (non-judicial functions; no
supervision over executive officials)
o Supreme Court and its members should not and can not
be required to exercise any power or to perform any
trust or to assume any duty not pertaining to or
connected with the administration of judicial functions.
o By charging this court with the administrative function
of supervisory control over executive officials, and
simultaneously reducing pro tanto the control of the
Chief Executive over such officials.
Director of Prisons v Ang Cho Kio (advisory opinion)
o It is not within the province of the judiciary to express
an opinion, or express a suggestion, that would reflect on
the wisdom or propriety of the action of the Chief
Executive on matters purely political in nature.
o Recommendation by Court only under Art 5 of RPC.
Mariano v COMELEC (factors for constitutionality)
o The requirements before a litigant can challenge the
constitutionality of a law are well-delineated. They are:
1. Actual case or controversy
2. Question of constitutionality raised by proper party
3. Constitutional question raised at the earliest
possible opportunity
4. Decision on the constitutional question must be
necessary to the determination of the case itself.
SBMA v COMELEC (actual controversies)
o Courts may decide only actual controversies, not
hypothetical questions or cases.
o SC is a review court. It passes upon errors of law (and
sometimes of fact, as in the case of mandatory appeals
of capital offenses) of lower courts as well as determines
whether there had been grave abuse of discretion
amounting to lack or excess of jurisdiction on the part
of any "branch or instrumentality" of government.
Tanada v Angara (Court does not look at wisdom of
decision; grave abuse of discretion)
o Distinction as to what the Court can look at
Court will not look at the wisdom of decision of
the President and Senate (e.g. Pass upon merits of
trade, propriety of govt economic policy)
Court will look into whether or not there has been a
grave abuse of discretion (e.g. Senate ratification)
Tano v Socrates (constitutionality not necessarily first
instance at SC)
o Justice Mendoza:
Constitutional questions need to be raised at the
earliest time but it does not mean that they should
be presented to the SC first hand.
Jurisdiction of Court is limited to cases and
controversies.
Questions such as who are petitioners, what is the
impact of ordinance on their economic situation,
and are factual bases of 2 ordinances supported by
evidence, must be raised in criminal or trial court so
that facts necessary to adjudicate constitutional
questions can be presented.

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In re subpoena duces tecum dated Jan 11, 2010 (finality of


SC decision; factual submissions can be reversed)
o All decisions and determinations in the exercise of
judicial power ultimately go to and stop at the SC whose
judgment is final.
o Consistent with the nature of power of this Court under
our constitutional scheme, only this Court, can declare an
SC judgment to be unjust.
o Supreme Court, in proper cases, can and does rule on
factual submissions before it and even reverse the lower
court's factual findings when the circumstances call for
this action.
Macalintal v PET (resolution of election contests as
judicial function)
o The SC, as PET, resolves a Presidential or
Vice-Presidential election contest, it performs what is
essentially a judicial power.
o Resolution of election contests essentially an exercise of
judicial power.
o Power wielded by PET is a derivative of the plenary
judicial power allocated to courts of law, expressly
provided in the Constitution.
Judicial power
Right to determine actual controversies arising between
adverse litigants, duly instituted in courts of proper
jurisdiction
Authority to settle justiciable controversies or disputes
involving enforceable and demandable rights before court of
justice or the redress of wrongs for violation of such rights
Echegaray v Secretary of Justice
o Power to control the execution of its decision is an
essential aspect of jurisdiction
o Most important part of litigation, whether civil or
criminal, is the process of evaluation of decisions where
supervening events may change the circumstance of the
parties and compel courts to intervene and adjust rights
of litigants to prevent unfairness
o Suspension of death sentence is undisputably an exercise
of judicial power, it is not a usurpation of the
presidential power of reprieve though its effect is the
same (i.e. Temporary suspension of the execution of the
death convict)
Intrinsic limit on judicial power
Court may neither attempt to assume nor be compelled to
perform non-judicial functions
Even in the exercise of administrative powers by
administrative agencies, courts can come in when agencies
violate constitutional rights or commit grave abuse of
discretion or acts in excess of their jurisdiction
Moot cases
o Ceases to present a justiciable controversy by virtue of
supervening events, so that a declaration thereon would
be of no practical use or value
o General rule: judicial power is not exercised to address
moot questions
o Exceptions:
There is a grave violation of the Constitution
Exceptional character of the situation and the
paramount public interest is involved
Constitutional issue raised requires formulation of
controlling principles to guide the bench, bar, and
the public

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Case is capable of repetition yet evading review


Manila Electric Co v Pasay Transportation Co
Noblejas v Teehankee
Grave abuse of discretion
Political questions are beyond the pale of judicial review
o Ex. Internal discipline of Congress when acts of
Congress do not involve impairment of private rights
It must be grave abuse of discretion amounting to lack or
excess of jurisdiction
o Abuse of discretion must be patent and gross as to
amount to an evasion of positive duty or a virtual refusal
to perform a duty enjoined by law or to act at all in
contemplation of law, as where the power is exercised in
an arbitrary and despotic manner by reason of passion or
hostility
o Capricious + arbitrary = notion of willful and
unreasoning action
Infotech Foundation et al v COMELEC
o Grave abuse of discretion:
1. When an act is done contrary to the Constitution,
the law, or jurisprudence
2. When it is executed whimsically, capriciously, or
arbitrarily out of malice, ill will or personal bias
Advisory opinions
It is not the function of judiciary to give advisory opinions
Director of Prisons v Ang Cho Kio
o Recommendatory power of the courts in this jurisdiction
is limited to those expressly provided in the law
o Dissenting: decision of a court should contain only
opinion that is relevant to the question that is before the
court for decision
Declaratory relief
Action by any person interested under a deed, will, contract,
or other written instrument, or whose rights are affected by a
statute, ordinance, executive order, or regulation to determine
any question of construction or validity arising under the
instrument, executive order, or regulation, or statute, and for a
determination of his rights or duties thereof
Requisites:
o Supreme Court does not entertain original petitions for
declaratory relief
1. There must be a justiciable controversy
2. Controversy must be between persons whose interests
are adverse
3. Party seeking declaratory relief must have a legal
interest in the controversy
4. Issue involved must be ripe for judicial determination
Declaratory Relief
Involves parties with real
conflicting legal interests

Final and forever binding


on parties
Judicial act

Advisory Opinion
Response to a legal issue
posed in the abstract in
advance of any actual case
in which it may be
presented
Binds no one
Not a judicial act

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SEC 2: Role of the legislature


The Congress shall have the power to define, prescribe, and
apportion the jurisdiction of the various courts but may not
deprive the Supreme Court of its jurisdiction over cases
enumerated in Section 5 hereof.
No law shall be passed reorganizing the Judiciary when it
undermines the security of tenure of its Members.
Malaga v Penachos (statute cannot prohibit Court to
exercise judicial functions)
o On issues outside of this dimension and involving
questions of law, courts could not be prevented by PD
from exercising their power to restrain or prohibit
administrative acts.
o PD 1818 was not intended to shield from judicial
scrutiny irregularities committed by administrative
agencies such as the anomalies above cited.
Role of the legislature
Proper exercise of judicial power requires prior legislative
action in:
1. Defining enforceable and demandable rights and
prescribing remedies for violations of such rights
2. Determining the court with jurisdiction to hear and
decide controversies or disputes arising from legal
rights
Exercise of judicial power presupposes existence of an
applicable law
o Unless there is an applicable law, courts are without
power to settle controversies
Congress also creates courts and determines which court/s
shall have jurisdiction over various types of controversies
o Limitation: cannot reduce the jurisdiction of the SC as
prescribed in Sec 5 and cannot create a court equal in
authority or superior to the SC
Sec 1 and 2 set down three distinct processes
o Occur simultaneously: upon creation of a court,
Congress determines jurisdiction and by operation of the
Constitution, becomes one of the repositories of judicial
power
1. Vesting of judicial power
2. Creation of courts
3. Definition, prescription, and appointment of jurisdiction
Jurisdiction must be distinguished from judicial power
o Jurisdiction is the authority of a court to exercise judicial
power, which is the totality of powers a court exercises
when it assumes jurisdiction and hears and decides a case
Lopez v Roxas
o Distinguished attempt to create a 2nd SC and the
conferment of additional jurisdiction upon the SC
o RA 1793 has merely conferred upon the SC the functions
of a Presidential Electoral Tribunal
Implicit in the conferment of power on Congress to create
courts and to determine their jurisdiction is the denial of the
same power to other departments
o UST v Board of Tax Appeals
EO creating the Board of Tax Appeals declared
unconstitutional to the extent that it attempted to
impair the jurisdiction of CFI
Authority to create courts also includes the authority to
abolish courts
o Courts may not use the power to abolish as a subterfuge
for removing unwanted judges
o No law shall be passed reorganizing the Judiciary when

Kat Nieto | Block B 2019

it undermines the security of tenure of its Members


SC is beyond the power of Congress to reorganize even if
only as a temporary measure
SEC 3: Fiscal autonomy
The Judiciary shall enjoy fiscal autonomy. Appropriations for the
Judiciary may not be reduced by the legislature below the amount
appropriated for the previous year and, after approval, shall be
automatically and regularly released.
Radiowealth, Inc v Agregado (free from executive control
in the discharge of functions)
o Court could not maintain its independence and dignity as
the Constitution intends if the executive personally or
through subordinate officials could determine for the
court what it should have or use in the discharge of its
functions, and when and how it should obtain them.
Bengzon v Drilon (freedom of judiciary to allocate own
funds)
o Fiscal autonomy means freedom from outside control. It
is the power and authority to levy, assess and collect fees,
fix rates of compensation not exceeding the highest rates
authorized by law for compensation and play plans of the
government and allocate and disburse such sums as may
be provided by law or prescribed by then in the course of
the discharge of their functions.
o The veto of these specific provisions in the GAA is
tantamount to dictating to the Judiciary how its funds
should be utilized, which is clearly repugnant to fiscal
autonomy.
In Re: Petition for the recognition of the exception of
GSIS (rules of Court)
o Payment of legal fees is a vital component of the rules
promulgated by this Court concerning pleading, practice
and procedure
Cannot be validly annulled, changed or modified by
Congress
o Power to promulgate rules of pleading, practice and
procedure is now the Courts exclusive domain.
In Re: COA Opinion of Appraised Value of Properties
(kinds of judicial independence; fiscal autonomy defined)
o 2 kinds of judicial independence
Decisional: refers to a judges ability to render
decisions free from political or popular influence
based solely on the individual facts and applicable
law
Institutional: describes the separation of the judicial
branch from the executive and legislative branches
of government; collective independence of the
judiciary as a body
o Fiscal autonomy defined in Bengzon v Drilon: Judiciary
has "full flexibility to allocate and utilize (its) resources
with the wisdom and dispatch that (its) needs require
In The Matter of: Save the Supereme Court for Judicial
Independence and Fiscal Autonomy (importance of JDF)
o Despite being the third co-equal branch of the
government, the judiciary enjoys less than 1% of the
total budget for the national government.
o JDF, used to augment expenses of judiciary, is regularly
accounted for by this court on a quarterly basis.
o Fiscal autonomy and judicial independence are often
undermined by low levels of budgetary outlay, lack of
provision for maintenance and operating expenses, and
reliance on LGUs and the DOJ.
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SEC 4: Composition and sessions


(1) The Supreme Court shall be composed of a Chief Justice and
14 Associate Justices. It may sit en banc or in its discretion,
in divisions of 3, 5, or 7 members. Any vacancy shall be
filled within 90 days from the occurrence thereof.
(2) All cases involving the constitutionality of a treaty,
international or executive agreement, or law, which shall be
heard by the Supreme Court en banc, and all other cases
which under the Rules of Court are required to be heard en
banc, including those involving the constitutionality,
application, or operation of presidential decrees,
proclamations, orders, instructions, ordinances, and other
regulations, shall be decided with the concurrence of a
majority of the members who actually took part in the
deliberations on the issues in the case and voted thereon.
(3) Cases or matters heard by a division shall be decided or
resolved with the concurrence of a majority of the
Members who actually took part in the deliberations on the
issues in the case and voted thereon, and in no case,
without the concurrence of at least 3 of such Members.
When the required number is not obtained, the case shall
be decided en banc: Provided, that no doctrine or principle
of law laid down by the court in a decision rendered en banc
or in division may be modified or reversed except by the
court sitting en banc.
Fortich v Corona (cases v matters; required 3 votes only
applicable for cases)
o Cases are decided while matters, which include motions,
are resolved.
o Only cases are referred to the Court en banc for decision
whenever the required number of votes is not obtained.
The rule does not apply where, as in this case, the
required 3 votes is not obtained in the resolution of a
motion for reconsideration.
People v Dy (divisions in SC not separate courts)
o Divisions of the Supreme Court are not to be considered
as separate and distinct courts, but as divisions of one
and the same court.
o Actions considered in any of these divisions and
decisions rendered therein are, in effect, by the same
Tribunal.
People v Ebio (quorum by Division, silent on 14 members)
o Constitution is clear on quorum when Court meets by
Division.
At least 3 members present for the Division to
conduct business.
o There is no similar pronouncement, however, when the
Court meets en banc.
Deliberations of 1987 Constitution silent on what
constitutes a quorum when Court is composed of
only 14 members. In case of doubt in a criminal
case, especially where the death penalty is imposed,
doubt should be resolved in favor of the accused.
Macalintal v PET (SC sitting en banc in PET)
o SC sitting en banc shall be the sole judge of all contests
relating to the election, returns, and qualifications of the
President or Vice-President.
Lu v Ym, Sr (doctrine of immutability)
o Doctrine of immutability: once a judgment attains
finality, it becomes immutable and unalterable, however
unjust the result of error may appear; only applies to
final and executory decisions
o Decision rendered by a Division in this Court in violation

Kat Nieto | Block B 2019

of constitutional provision would be in excess of


jurisdiction and, therefore, invalid.
o Law allows a determination at first impression that a
doctrine or principle laid down by court en banc or in
division may be modified or reversed in a case which
would warrant a referral to the Court en banc.
o Present cases may involve modification or reversal of a
Court-ordained doctrine or principle, judgment rendered
by Special 3rd Division can be considered
unconstitutional; hence, can never be final.
Republic v Garcia (only SC en banc can modify or reverse
SC doctrine or principle)
o Only SC sitting en banc may modify or reverse a doctrine
or principle of law laid down by the Court in a decision
rendered en banc or in division.
o Any court, the Sandiganbayan included, which renders a
decision in violation of this constitutional precept
exceeds its jurisdiction.
In Re: Letters of Atty. Estelito P. Mendoza (resolution of
merits by Members who actually took part in delibs)
o Case should have been decided by the Members who
actually took part in the deliberations, the ruling on the
merits made by the ruling Division.
o In case of inhibition, retirement, or no longer a member
of the Court:
Ponente: raffle by a new ponente who shall be
chosen from among the new Members of the
Division who participated in the rendition of the
decision or signed resolution
Member-in-Charge: re-raffling among the Members
of the other two Divisions of the Court
Composition and sessions
Present composition of the SC may not be changed by
ordinary legislation
Manner of conducting business
1. En banc
2. Divisions of 3, 5, or 7 members
Different sizes is supposed to reflect the relative
importance of cases
May have as many as 5 divisions
o Except for cases which by command of the Constitution
must be heard en banc
En banc
o Cases must be head en banc:
i. Constitutionality of a treaty, international
agreements, or executive agreement
ii. Constitutionality, application, or operation of PDs,
proclamations, orders, instructions, ordinances,
and other regulations
iii. Cases heard by a division when the required
majority in the division is not obtained
iv. Cases where SC modifies or reverses a doctrine or
principle of law previously laid down either en
banc or in division
v. Administrative cases where the vote is for
dismissal of a judge of a lower court or otherwise
to discipline such a one
vi. Election contests for President or Vice-President
o Decided by a concurrence of a majority of the Members
who actually took part in the deliberations on the issues
in the case and voted thereon
To have participated: not just to have studied the
briefs and listened to oral arguments but also to
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Constitutional Law I | 1st Sem 2015 | Atty. Chan-Gonzaga

have taken part in the deliberations among Justices


Division
o Not inferior to en banc decision
o When concurred by a majority of its members who
actually took part in the deliberations, considered as a
decision or resolution of the SC
o En banc is not an appellate court of divisions
o Only constraint is that any doctrine or principle of law
laid down by the Court, rendered en banc or in division,
may be overturned or reversed only by the Court sitting
en banc
o When required number of votes not obtained in a
division, case shall be decided en banc
Fortich v Corona
Only applied to the initial decision of a case
and not to a reconsideration of the initial
decision
SEC 5: Powers of the Supreme Court
The Supreme Court shall have the following powers:
(1) Exercise original jurisdiction over cases affecting
ambassadors, other public ministers and consuls, and over
petitions for certiorari, prohibition, mandamus, quo warranto,
and habeas corpus.
(2) Review, revise, reverse, modify, or affirm on appeal or
certiorari, as the law or the Rules of Court may provide,
final judgments and orders of lower courts in:
(A) All cases in which the constitutionality or validity of any
treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.
(B) All cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in relation
thereto.
(C) All cases in which the jurisdiction of any lower court is in
issue.
(D) All criminal cases in which the penalty imposed is reclusion
perpetua or higher.
(E) All cases in which only an error or question of law is
involved.
(3) Assign temporarily judges of lower courts to other stations
as public interest may require. Such temporary assignment
shall not exceed 6 months without the consent of the judge
concerned.
(4) Order a change of venue or place of trial to avoid miscarriage
of justice.
(5) Promulgate rules concerning the protection and enforcement
of constitutional rights, pleading, practice, and procedure
in all courts, the admission to the practice of law, the
Integrated Bar, and legal assistance to the underprivileged.
Such rules shall provide a simplified and inexpensive
procedure for the speedy disposition of cases, shall be
uniform for all courts of the same grade, and shall not
diminish, increase, or modify substantive rights. Rules of
procedure of special courts and quasi-judicial bodies shall
remain effective unless disapproved by the Supreme Court.
(6) Appoint all officials and employees of the judiciary in
accordance with the Civil Service Law.

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Judicial review
Unconstitutionality
Requisites:
1. Actual case
2. Ripe for adjudication
3. Standing to challenge
o Earliest opportunity
o Not unless unavoidable or lis mota
Actual case or ripeness
Procedural; exceptions
Locus standi
1. Personal injury in fact (legal, economic, environmental, etc)
2. Traceable to govt act challenged
3. Redressable by remedy being sought
Exceptions:
o Tax payer suit: question contracts by government or
GOCCs allegedly against law; not municipal contracts
o Overbreadth doctrine: raise rights of 3rd party;
constitutionally granted rights restrained
o 3rd party standing
o Transcendental importance
Judicial review by inferior courts
Binding only on parties
Review of criminal cases
Death: mandatory, cannot be waived
Reclusion perpertua or life imprisonment: not mandatory
Auxiliary administrative powers
Paragraphs 3 to 6

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SEC 6: Administrative supervision of inferior courts


The Supreme Court shall have administrative supervision over all
courts and the personnel thereof.
Maceda v Vasquez (SC jurisdiction over administrative
cases in judiciary before Ombudsman)
o Only SC can oversee the judges and court personnels
compliance with all laws and take proper administrative
action against them if they commit any violation thereof.
o Where a criminal complaint against a judge or other
court employee arises from administrative duties,
Ombudsman must defer action on said complaint and
refer the same to this Court for determination whether
said Judge or court employee had acted within the scope
of their administrative duties.
People v Gacott, Jr (administrative cases heard en banc;
dismissal of judges of lower courts and penalty not
exceeding suspension of more than 1 yr and/or P10k)
o Administrative cases specifically required to be decided
by Court en banc.
Cases involving dismissal of judges of lower courts
Penalty imposed does not exceed suspension of
more than 1 year or a fine of P10k or both
o To require the entire Court to deliberate upon and
participate in all administrative matters or cases
regardless of sanctions, imposable or imposed, would
result in a congested docket and undue delay in
adjudication of cases in Court.
Judge Caoibes, Jr. v Ombudsman (SC first before
Ombudsman regardless of the cases nature)
o Ombudsman is duty bound to have all cases against
judges and court personnel filed before it, referred to the
SC for determination as to whether an administrative
aspect is involved therein.
In re: Justice del Castillo
o Dissenting of Justice Carpio:
Court has no jurisdiction over administrative case
of an SC Justice, should be under jurisdiction of
Congress (impeachment)
Sec 6 and 11 limited by Congress power
Re: Request for guidance/clarification on Sec 7, Rule III
of RA 10154 (clearance; admin cases no need from CSC;
criminal cases to be procured from Ombudsman)
o Retiring court personnel are already required to secure a
prior clearance of pendency or non-pendency of
administrative case/s from the Court.
o Clearance requirement pertaining to criminal cases may
be imposed by appropriate government agency (i.e.
Ombudsman) and such is beyond the ambit of judiciarys
power of administrative supervision.
Re: Allegations against Justice Ong
o SC investigation on Associate Justice of Sandiganbayan
with regard to violations of Code of Judicial Conduct.
o SC dismissed Justice Ong from service finding him guilty
of gross misconduct, dishonesty and impropriety for
associating with Janet Napoles, alleged mastermind of
pork barrel scam.

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SEC 7: Qualifications of members of the Judiciary


(1) No person shall be appointed Member of the Supreme Court
or any lower collegiate court unless he is a natural-born
citizen of the Philippines. A Member of the Supreme
Court must be at least 40 yrs of age, and must have been
for 15 yrs or more, a judge of a lower court or engaged in
the practice of law in the Philippines.
(2) The Congress shall prescribe the qualifications of judges of
lower courts, but no person may be appointed judge
thereof unless he is a citizen of the Philippines and a
member of the Philippine Bar.
(3) A Member of the Judiciary must be a person of proven
competence, integrity, probity, and independence.
In re: JBC v Judge Quitain (integrity and honesty)
o Integrity and honesty are qualifications specifically
required of appointees to the Judiciary.
o Conduct required of court personnel, from presiding
judge to the lowliest clerk of court, must always be
beyond reproach and circumscribed with heavy burden
of responsibility as to let them be free from any
suspicion that may taint the Judiciary.
Kilosbayan v Ermita (natural born citizen)
o Only natural-born citizens may be appointed as SC
justices. Where there is doubt regarding citizenship
status, appointee has to prove in court his natural-born
status.
Villanueva v JBC (addtl requirement by JBC)
o JBC has authority to set the criteria/standards in
choosing its nominees for every vacancy in the judiciary,
subject only to the minimum qualifications required by
the Constitution and law for every position.
o JBC required 5 yrs of service as judges of 1st level courts
before they can qualify as applicant to 2nd level courts.
Qualifications
1. Natural-born
2. At least 40 years old
3. 15 years or more, judge of a lower court or engaged in the
practice of law
4. Member of the Philippine bar
5. Integrity, competence, probity, independence

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SEC 8: Judicial and Bar Council


(1) A Judicial and Bar Council is hereby created under the
supervision of the Supreme Court composed of the Chief
Justice as ex officio Chairman, the Secretary of Justice, and
a representative of the Congress as ex officio Members, a
representative of the Integrated Bar, a professor of law, a
retired Member of the Supreme Court, and a
representative of the private sector.
(2) The regular members of the Council shall be appointed by
the President for a term of 4 yrs with the consent of the
Commission on Appointments. Of the Members first
appointed, the representative of the Integrated Bar shall
serve for 4 yrs, the professor of law for 3 yrs, the retired
Justice for 2 yrs, and the representative of the private
sector for 1 yr.
(3) The Clerk of the Supreme Court shall be the Secretary ex
officio of the Council and shall keep a record of its
proceedings.
(4) The regular Members of the Council shall receive such
emoluments as may be determined by the Supreme Court.
The Supreme Court shall provide in its annual budget the
appropriations for the Council.
(5) The Council shall have the principal function of
recommending appointees to the Judiciary. It may exercise
such other functions and duties as the Supreme Court may
assign to it.
Chavez v JBC (Congress only has 1 seat in JBC)
o By allowing both houses of Congress to have a
representative in the JBC and by giving each
representative 1 vote in the Council, Congress is
accorded greater and unwarranted influence in the
appointment of judges.
Jardeleza v Sereno
o JBC not required to hold hearings on the qualifications
on the nominees.
Lack of due process requiring Jardeleza to appear
before JBC and to instantaneously provide a defense.
Jardeleza not given the idea that he should prepare
to affirm or deny past behavior.
Circumstances preclude the very idea of due
process in which the right to explain oneself is
given, not to ensnare by surprise, but to provide the
person a reasonable opportunity and sufficient time
to intelligently muster his response.
SEC 9
The Members of the Supreme Court and judges of the lower
courts shall be appointed by the President from a list of at least 3
nominees prepared by the Judicial and Bar Council for every
vacancy. Such appointments need no confirmation.
For the lower courts, the President shall issue the appointments
within 90 days from the submission of the list.
SEC 10: Diminution of salary
The salary of the Chief Justice and of the Associate Justices of
the Supreme Court, and of judges of lower courts, shall be fixed
by law. During their continuance in office, their salary shall not
be decreased.
Nitafan v CIR (judges and justices not exempted from
income tax)
o Intent of the Constitutional Commission was to subject
salaries of judges and justices to income tax.

Kat Nieto | Block B 2019

SEC 11: Security of tenure in the judiciary


The Members of the Supreme Court and judges of lower courts
shall hold office during good behavior until they reach the age of
70 yrs or become incapacitated to discharge the duties of their
office. The Supreme Court en banc shall have the power to
discipline judges of lower courts, or order their dismissal by a
vote of a majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon.
Vargas v Rilloraza (mandatory retirement at 70 yrs old)
o Members of the SC, among other judicial officials, shall
hold office during good behavior, until they reach the age
of 70 yrs, or become incapacitated, or incapacitated to
discharge the duties of their office.
De la Llana v Alba (abolition v termination)
o Abolition of office is different from termination or
removal of officers. If an act abolishes an office in good
faith, the security of tenure will not be violated.
o Legislatures authority to abolish courts inferior to the
SC is undeniable. Mere creation of an entirely new
district of the same court is valid and constitutional.
People v Gacott, Jr (administrative cases heard en banc;
dismissal of judges of lower courts and penalty not
exceeding suspension of more than 1 yr and/or P10k)
o Administrative cases specifically required to be decided
by Court en banc.
Cases involving dismissal of judges of lower courts
Penalty imposed suspension of more than 1 year or
a fine of P10k or both
o To require the entire Court to deliberate upon and
participate in all administrative matters or cases
regardless of sanctions, imposable or imposed, would
result in a congested docket and undue delay in
adjudication of cases in Court.
Lumpas v Tamin (dismissal of judges in lower courts)
o Dismissal of a judge, officer or employee of the Judiciary,
disbarment of a laywer or either suspension for more
than a year or fine exceeding P10,000 or both are all
cases considered as en banc cases.
o Not intended that all administrative disciplinary cases
should be heard and decided en banc.
o Court en banc can order the dismissal of judges of lower
courts by a vote of a majority of the members who
actually took part in the deliberations on the issues in the
case and voted therein.
SEC 12: Non-judicial assignments
The Members of the Supreme Court and of other courts
established by law shall not be designated to any agency
performing quasi-judicial or administrative functions.
SEC 13: Process of decision making
The conclusions of the Supreme Court in any case submitted to
it for decision en banc or in division shall be reached in
consultation before the case is assigned to a Member for the
writing of the opinion of the Court. A certification to this effect
signed by the Chief Justice shall be issued and a copy thereof
attached to the record of the case and served upon the parties.
Any Members who took no part, or dissented, or abstained from
a decision or resolution, must state the reason therefor. The same
requirements shall be observed by all lower collegiate courts.

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SEC 14: Contents of decisions of courts


No decision shall be rendered by any court without expressing
therein clearly and distinctly the facts and the law on which it is
based.
No petition for review or motion for reconsideration of a
decision of the court shall be refused due course or denied
without stating the legal basis therefor.
Air France v Carrascoso (ultimate facts)
o Law insists that a decision state the essential ultimate
facts upon which the courts conclusion is drawn.
o Question of law is one which does not call for an
examination of the probative value of the evidence
presented by the parties.
Spouses Valdez v CA
o Judges should avoid the tendency to generalize and form
conclusions without detailing the facts from which such
conclusions are deduced.
They are to make complete findings of facts in their
decisions, and scrutinize closely the legal aspects of
the case in the light of the evidence presented.
People v Lizada
o Purpose of provision (Rule 120, Sec 2, 1985 Rules on
Crim Pro) is to inform parties and person reading the
decision on how it was reached by the court.
o Parties must be assured from a reading of the decision
of the trial court that they were accorded their rights to
be heard by an impartial and responsible judge.
Velarde v Social Justice Society
o A decision that does not conform to the form and
substance required by the Constitution and the law is
void and deemed legally inexistent.
o To be valid, decisions should comply with the form,
procedure, and the substantive requirements laid out in
the Constitution, Rules of Court and relevant
circulars/orders of the Supreme Court.
Agoy v Araneta Center
o Adjudication of a case by a minute resolution is an
exercise of judicial discretion and continues sound and
valid judicial practice.
Meralco v Atilano
o Sec 14, Art 8 refers to courts, thereby excluding DOJ
Secretary and prosecutors who are not members of the
judiciary.
o Meralco considers DOJ Resolution invalid because of the
absence of any statement of facts and law upon which it
is based pursuant to Sec 14, Art 8.
Francisco v Permskul
o Memorandum decision should be sparingly used lest it
become an addictive excuse for judicial sloth.
o Requirements for a valid memorandum decision, as laid
down in this case are:
1. There must be direct access to the facts and the law
being adopted not by remote reference, which is
to say that the challenged decision is not easily
and immediately available to the person reading
the memorandum decision
2. The findings of facts and conclusions of the lower
court must be attached to the decision of the
appellate court
3. Memorandum decisions may only be resorted in
cases where the facts are in the main accepted by
both parties or easily determinable by the judge
and there are no doctrinal complications involved

Kat Nieto | Block B 2019

that will require an extended discussion of the


laws involved.
Salazar v Marigomen
o Time and again, the Court had instructed judges to exert
effort to ensure the decisions would present a
comprehensive analysis or account of the factual and
legal findings that would substantially address the issues
raised by the parties.
Tan v Spouses Antazo
o Certiorari may issue only when the following
requirements are alleged in and established by the
petition:
1. Writ is directed against a tribunal, a board or any
officer exercising judicial or quasi-judicial
functions;
2. Such tribunal, board or officer has acted without or
in excess of jurisdiction, or with grave abuse of
discretion amounting to lack or excess of
jurisdiction; and
3. There is no appeal or any plain, speedy and adequate
remedy in the ordinary course of law.
Halley v Printwell, Inc
o RTC contained clear and distinct findings of facts, and
stated the applicable law and jurisprudence, fully
explaining why the defendants were being held liable to
the plaintiff
o Petitioner argues that CA erred in affirming in toto the
decision that did not state the facts and the law upon
which the judgment was based, but merely copied the
contents of the respondents memorandum adopting the
same as the reason of the decision.
Hon. Flores v Atty Montemayor
o Montemayor v Bundalian: We cannot sustain petitioners
stance that the dismissal of similar charges against him
before the Ombudsman rendered the administrative case
against him before the PCAGC moot and academic. To be
sure, the decision of the Ombudsman does not operate
as res judicata in the PCAGC case subject of this review.
o Office of the Ombudsman v Galicia: Power of
investigation granted to the Ombudsman by the 1987
Constitution and The Ombudsman Act is not exclusive
but is shared with other similarly authorized government
agencies
Deutsche Bank v CIR
o With respect to the same subject matter and the same
issues concerning the same parties, a minute resolution
constitutes res judicata.
o If other parties or another subject matter (even with the
same parties and issues) are involved, the minute
resolution is not binding precedent.
OP and PAGC v Cataquiz
o Decisions of courts must be able to address the issues
raised by the parties through the presentation of a
comprehensive analysis or account of factual and legal
findings of the court.
Republic (UP) v Legaspi
o RTC gravely abused its discretion when, without stating
the factual and legal bases therefor, it issued the assailed
17 November 2003 condemnation order. The RTC
likewise gravely abused its discretion when, in total
disregard of the evidence on record it issued the second
assailed 31 May 2004.

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Nationwide Security and Allied Services v Valderama


o Facts and the law on which the judgment is based must
be expressed clearly and distinctly applies only to
decisions, not minute resolutions.
Re: Verified complaint of Ongjoco
o Judicial officers do not have to suffer the brunt of
unsuccessful or dissatisfied litigants baseless and false
imputations of their violating the Constitution in the
resolution of cases and of harboring bias and partiality
towards the adverse parties.
o Litigant who baselessly accuses them of such violations
is not immune from appropriate sanctions if he thereby
affronts the administration of justice and manifests a
disrespect towards the judicial office.

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reglementary period for deciding cases or matters,


he/she can, for good reasons, ask for an extension and
such request is generally granted.
Marcelo v Judge Pictay (90-day reglementary period)
o Inability to explain the reasons for failure to resolve
motions within 3 months warrants administrative
sanctions.
SEC 16
The Supreme Court shall, within 30 days from the opening of
each regular session of the Congress, submit to the President
and the Congress an annual report on the operations and
activities of the Judiciary.

SEC 15: Period of making decisions


(1) All cases or matters filed after the effectivity of this
Constitution must be decided or resolved within 24 months
from date of submission for the Supreme Court, and, unless
reduced by the Supreme Court, 12 months for all lower
collegiate courts, and 3 months for all other lower courts.
(2) A case or matter shall be deemed submitted for decision or
resolution upon the filing of the last pleading, brief, or
memorandum required by the Rules of Court or by the
court itself.
(3) Upon the expiration of the corresponding period, a
certification to this effect signed by the Chief Justice or the
presiding judge shall forthwith be issued and a copy
thereof attached to the record of the case or matter, and
served upon the parties. The certification shall state why a
decision or resolution has not been rendered or issued
within said period.
(4) Despite the expiration of the applicable mandatory period,
the court, without prejudice to such responsibility as may
have been incurred in consequence thereof, shall decide or
resolve the case or matter submitted thereto for
determination, without further delay.
Re: Problem of delays in cases before the Sandiganbayan
o Reglementary period within which the Sandiganbayan
must decide or resolve cases falling within its jurisdiction
(90 days)
Sec 15, Art 8 does not apply to Sandiganbayan
because the provision refers to regular courts of
lower collegiate level that in the present hierarchy
applies only to the CA
Sandiganbayan is a special court; rules of
procedures of special courts and quasi-judicial
bodies shall remain effective unless SC disapproves
Court Administrator v Quinanola (90-day reglementary
period; write to Court if needed)
o Need and imperative for judges to decide cases promptly
and expeditiously within constitutionally prescribed
90-day period, failure to do so constitutes gross
inefficiency, which consequently warrants administrative
sanctions
o Judges should write to the Court and explain their own
predicaments and to ask for extensions of time
OCA v Judge Bustamante (90-day reglementary period;
extension allowed for good reasons)
o A judge must decide cases within 90 days from
submission. Any delay in the administration of justice,
no matter how brief, deprives the litigant of his right to
a speedy disposition of his case.
o If a judge is unable to comply with the 90-day
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Article IX: Constitutional Commissions


A. Common Provisions
SEC 1: The Constitutional Commissions
The Constitutional Commissions, which shall be independent, are
the Civil Service Commission, the Commission on Elections, and
the Commission on Audit.
SEC 2
No Member of a Constitutional Commission shall, during his
tenure, hold any other office or employment. Neither shall he
engage in the practice of any profession or in the active
management or control of any business which in any way be
affected by the functions of his office, nor shall he be financially
interested, directly or indirectly, in any contract with, or in any
franchise or privilege granted by the Government, any of its
subdivisions,
agencies,
or
instrumentalities,
including
government-owned or controlled corporations or their
subsidiaries.

Kat Nieto | Block B 2019

Other notes
No appointments in temporary capacity
GOCC employees -> civil service
Majority of all members, not only those who actually took
part in deliberation
Votes withdrawn if retired before resolutions promulgation
SC review of COMELEC: only final decisions of
COMELEC, not by division

SEC 3
The salary of the Chairman and the Commissioners shall be
fixed by law and shall not be decreased during their tenure.
SEC 4: Appointing power
The Constitutional Commissions shall appoint their officials and
employees in accordance with law.
SEC 5: Automatic release of funds
The Commission shall enjoy fiscal autonomy. Their approved
annual appropriations shall be automatically and regularly
released.
SEC 6: Independence of the commissions
Each Commission en banc may promulgate its own rules
concerning pleadings and practice before it or before any of its
offices. Such rules however shall not diminish, increase, or modify
substantive rights.
SEC 7: Decisions of the commissions
Each Commission shall decide by a majority vote of all its
Members any case or matter brought before it within sixty days
from the date of its submission for decision or resolution. A case
or matter is deemed submitted for decision or resolution upon the
filing of the last pleading, brief, or memorandum required by the
rules of the Commission or by the Commission itself. Unless
otherwise provided by this Constitution or by law, any decision,
order, or ruling of each Commission may be brought to the
Supreme Court on certiorari by the aggrieved party within thirty
days from receipt of a copy thereof.
Case or matter
Submitted for decision or resolution: filing of last pleading,
brief, or memorandum
Decided within 60 days from submission
Majority of all its members
Appeal to the Supreme Court
By aggrieved party
Within 30 days from receipt of a copy
SEC 8
Each Commission shall perform such other functions as may be
provided by law.
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B. Civil Service Commission


SEC 1: Organization of the commission
(1) The Civil Service shall be administered by the Civil Service
Commission composed of a Chairman and two
Commissioners who shall be natural-born citizens of the
Philippines and, at the time of their appointment, at least
thirty-five years of age, with proven capacity for public
administration, and must not have been candidates for any
elective position in the elections immediately preceding their
appointment.
(2) The Chairman and the Commissioners shall be appointed by
the President with the consent of the Commission on
Appointments for a term of seven years without
reappointment. Of those first appointed, the Chairman shall
hold office for seven years, a Commissioner for five years, and
another Commissioner for three years, without
reappointment. Appointment to any vacancy shall be only for
the unexpired term of the predecessor. In no case shall any
Member be appointed or designated in a temporary or acting
capacity.
Par 1
1 Chairman, 2 Commissioners
Qualifications
o Natural born
o 35 years old
o Public administration
o Did not run last elections
Par 2

Chairman and commissioners appointed by President


Term: 7 years
No acting or temporary appointment
Appointment to vacancy only for unexpired term

SEC 2: Scope of the system


(1) The civil service embraces all branches, subdivisions,
instrumentalities, and agencies of the Government, including
government-owned or controlled corporations with original
charters.
(2) Appointments in the civil service shall be made only
according to merit and fitness to be determined, as far as
practicable, and, except to positions which are
policy-determining, primarily confidential, or highly
technical, by competitive examination.
(3) No officer or employee of the civil service shall be removed or
suspended except for cause provided by law.
(4) No officer or employee in the civil service shall engage,
directly or indirectly, in any electioneering or partisan
political campaign.
(5) The right to self-organization shall not be denied to
government employees.
(6) Temporary employees of the Government shall be given such
protection as may be provided by law.

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SEC 4: Oath to defend this Constitution


All public officers and employees shall take an oath or affirmation
to uphold and defend this Constitution.
SEC 5: Standardization of compensation
The Congress shall provide for the standardization of
compensation of government officials and employees, including
those in government-owned or controlled corporations with
original charters, taking into account the nature of the
responsibilities pertaining to, and the qualifications required for
their positions.
SEC 6: Political lame ducks
No candidate who has lost in any election shall, within one year
after such election, be appointed to any office in the Government
or any government-owned or controlled corporations or in any
of their subsidiaries.

No appointment of losing candidate within 1 year after


election (any government office, GOCC, subsidiaries)

SEC 7: Political opportunism and spoils


No elective official shall be eligible for appointment or
designation in any capacity to any public office or position during
his tenure.
Unless otherwise allowed by law or by the primary functions of
his position, no appointive official shall hold any other office or
employment in the Government or any subdivision, agency or
instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries.
SEC 8: Additional or double compensation
No elective or appointive public officer or employee shall receive
additional, double, or indirect compensation, unless specifically
authorized by law, nor accept without the consent of the
Congress, any present, emolument, office, or title of any kind
from any foreign government.
Pensions or gratuities shall not be considered as additional,
double, or indirect compensation.

SEC 3: Powers of the commission


The Civil Service Commission, as the central personnel agency
of the Government, shall establish a career service and adopt
measures to promote morale, efficiency, integrity, responsiveness,
progressiveness, and courtesy in the civil service. It shall
strengthen the merit and rewards system, integrate all human
resources development programs for all levels and ranks, and
institutionalize a management climate conducive to public
accountability. It shall submit to the President and the Congress
an annual report on its personnel programs.
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C. The Commission on Elections


SEC 1: Composition, qualifications, appointment, term
(1) There shall be a Commission on Elections composed of a
Chairman and six Commissioners who shall be
natural-born citizens of the Philippines and, at the time of
their appointment, at least thirty-five years of age, holders
of a college degree, and must not have been candidates for
any elective position in the immediately preceding
elections. However, a majority thereof, including the
Chairman, shall be Members of the Philippine Bar who
have been engaged in the practice of law for at least ten
years.
(2) The Chairman and the Commissioners shall be appointed by
the President with the consent of the Commission on
Appointments for a term of seven years without
reappointment. Of those first appointed, three Members
shall hold office for seven years, two Members for five
years, and the last Members for three years, without
reappointment. Appointment to any vacancy shall be only
for the unexpired term of the predecessor. In no case shall
any Member be appointed or designated in a temporary or
acting capacity.
Par 1
1 Chairman, 6 Commissioners
Qualifications
o Natural born
o 35 years old
o College degree
o Did not run last elections
o Chairman and majority: member of Philippine Bar and
10 years in practice of law
Par 2

Term: 7 years
SEC 2: Nature of the powers of the Commission
The Commission on Elections shall exercise the following
powers and functions:
(1) Enforce and administer all laws and regulations relative to
the conduct of an election, plebiscite, initiative, referendum,
and recall.
(2) Election contests
Exercise exclusive original jurisdiction over all contests
relating to the elections, returns, and qualifications of all
elective regional, provincial, and city officials, and appellate
jurisdiction over all contests involving elective municipal
officials decided by trial courts of general jurisdiction, or
involving elective barangay officials decided by trial courts
of limited jurisdiction.
Decisions, final orders, or rulings of the Commission on
election contests involving elective municipal and barangay
offices shall be final, executory, and not appealable.
(3) Powers not given
Decide, except those involving the right to vote, all
questions affecting elections, including determination of
the number and location of polling places, appointment of
election officials and inspectors, and registration of voters.
(4) Deputizing law enforcement agencies
Deputize, with the concurrence of the President, law
enforcement agencies and instrumentalities of the
Government, including the Armed Forces of the
Philippines, for the exclusive purpose of ensuring free,
orderly, honest, peaceful, and credible elections.

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(5) Registration of parties and organizations


Register, after sufficient publication, political parties,
organizations, or coalitions which, in addition to other
requirements, must present their platform or program of
government; and accredit citizens arms of the Commission
on Elections. Religious denominations and sects shall not
be registered. Those which seek to achieve their goals
through violence or unlawful means, or refuse to uphold
and adhere to this Constitution, or which are supported by
any foreign government shall likewise be refused
registration.
Financial contributions from foreign governments and their
agencies to political parties, organizations, coalitions, or
candidates related to elections constitute interference in
national affairs, and, when accepted, shall be an additional
ground for the cancellation of their registration with the
Commission, in addition to other penalties that may be
prescribed by law.
(6) Prosecution of election offenses
File, upon a verified complaint, or on its own initiative,
petitions in court for inclusion or exclusion of voters;
investigate and, where appropriate, prosecute cases of
violations of election laws, including acts or omissions
constituting election frauds, offenses, and malpractices.
(7) Recommendatory powers
Recommend to the Congress effective measures to minimize
election spending, including limitation of places where
propaganda materials shall be posted, and to prevent and
penalize all forms of election frauds, offenses, malpractices,
and nuisance candidacies.
(8) Recommendatory powers
Recommend to the President the removal of any officer or
employee it has deputized, or the imposition of any other
disciplinary action, for violation or disregard of, or
disobedience to its directive, order, or decision.
(9) Recommendatory powers
Submit to the President and the Congress a comprehensive
report on the conduct of each election, plebiscite, initiative,
referendum, or recall.

Appealable: regional, provincial, city


Final: municipal, barangay
Jurisdiction over intra-party issues

SEC 3: Commission decisions


The Commission on Elections may sit en banc or in two
divisions, and shall promulgate its rules of procedure in order to
expedite disposition of election cases, including pre-proclamation
controversies. All such election cases shall be heard and decided
in division, provided that motions for reconsideration of
decisions shall be decided by the Commission en banc.

En banc or 2 divisions
Division: pre-proclamation controversy, election cases
En banc: motion for reconsideration

SEC 4: Regulation of public utilities, media, franchise


The Commission may, during the election period, supervise or
regulate the enjoyment or utilization of all franchises or permits
for the operation of transportation and other public utilities,
media of communication or information, all grants, special
privileges, or concessions granted by the Government or any
subdivision, agency, or instrumentality thereof, including any
government-owned or controlled corporation or its subsidiary.
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Kat Nieto | Block B 2019

Such supervision or regulation shall aim to ensure equal


opportunity, time, and space, and the right to reply, including
reasonable, equal rates therefor, for public information campaigns
and forums among candidates in connection with the objective of
holding free, orderly, honest, peaceful, and credible elections.
SEC 5: Pardons
No pardon, amnesty, parole, or suspension of sentence for
violation of election laws, rules, and regulations shall be granted
by the President without the favorable recommendation of the
Commission.
SEC 6
A free and open party system shall be allowed to evolve
according to the free choice of the people, subject to the
provisions of this Article.
SEC 7
No votes cast in favor of a political party, organization, or
coalition shall be valid, except for those registered under the
party-list system as provided in this Constitution.
SEC 8: From 2-party, to multi-party, to 1-party, to multi-party system
Political parties, or organizations or coalitions registered under
the party-list system, shall not be represented in the voters
registration boards, boards of election inspectors, boards of
canvassers, or other similar bodies. However, they shall be
entitled to appoint poll watchers in accordance with law.
SEC 9: Election period
Unless otherwise fixed by the Commission in special cases, the
election period shall commence ninety days before the day of the
election and shall end thirty days after.

120 days: 90 days before election day + 30 days after election


day

SEC 10: Equal protection of candidates


Bona fide candidates for any public office shall be free from any
form of harassment and discrimination.
SEC 11: Fiscal autonomy
Funds certified by the Commission as necessary to defray the
expenses for holding regular and special elections, plebiscites,
initiatives, referenda, and recalls, shall be provided in the regular
or special appropriations and, once approved, shall be released
automatically upon certification by the Chairman of the
Commission.

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D. Commission on Audit
SEC 1: Purpose, organization, composition, appointment
(1) There shall be a Commission on Audit composed of a
Chairman and two Commissioners, who shall be
natural-born citizens of the Philippines and, at the time of
their appointment, at least thirty-five years of age, certified
public accountants with not less than ten years of auditing
experience, or members of the Philippine Bar who have
been engaged in the practice of law for at least ten years,
and must not have been candidates for any elective position
in the elections immediately preceding their appointment.
At no time shall all Members of the Commission belong to
the same profession.
(2) The Chairman and the Commissioners shall be appointed by
the President with the consent of the Commission on
Appointments for a term of seven years without
reappointment. Of those first appointed, the Chairman
shall hold office for seven years, one Commissioner for five
years, and the other Commissioner for three years, without
reappointment. Appointment to any vacancy shall be only
for the unexpired portion of the term of the predecessor.
In no case shall any Member be appointed or designated in
a temporary or acting capacity.

Kat Nieto | Block B 2019

required therefor, and promulgate accounting and auditing


rules and regulations, including those for the prevention
and disallowance of irregular, unnecessary, excessive,
extravagant, or unconscionable expenditures, or uses of
government funds and properties.
SEC 3
No law shall be passed exempting any entity of the Government
or its subsidiary in any guise whatever, or any investment of
public funds, from the jurisdiction of the Commission on Audit.

SEC 4
The Commission shall submit to the President and the Congress,
within the time fixed by law, an annual report covering the
financial condition and operation of the Government, its
subdivisions, agencies,
and
instrumentalities,
including
government-owned
or
controlled
corporations,
and
non-governmental entities subject to its audit, and recommend
measures necessary to improve their effectiveness and efficiency.
It shall submit such other reports as may be required by law.

Par 1
1 Chairman, 2 Commissioners
Qualifications
o Natural born
o 35 years old
o Public accountant with 10 years of experience or
Member of Philippine bar with 10 years of experience
o All members should not come from the same profession
Par 2

Term: 7 years
SEC 2: Powers and functions
(1) The Commission on Audit shall have the power, authority,
and duty to examine, audit, and settle all accounts
pertaining to the revenue and receipts of, and expenditures
or uses of funds and property, owned or held in trust by, or
pertaining to, the Government, or any of its subdivisions,
agencies,
or
instrumentalities,
including
government-owned or controlled corporations with
original charters, and on a post-audit basis: (a)
constitutional bodies, commissions and offices that have
been granted fiscal autonomy under this Constitution; (b)
autonomous state colleges and universities; (c) other
government-owned or controlled corporations and their
subsidiaries; and (d) such non-governmental entities
receiving subsidy or equity, directly or indirectly, from or
through the Government, which are required by law or the
granting institution to submit to such audit as a condition
of subsidy or equity. However, where the internal control
system of the audited agencies is inadequate, the
Commission may adopt such measures, including
temporary or special pre-audit, as are necessary and
appropriate to correct the deficiencies. It shall keep the
general accounts of the Government and, for such period
as may be provided by law, preserve the vouchers and other
supporting papers pertaining thereto.
(2) The Commission shall have exclusive authority, subject to the
limitations in this Article, to define the scope of its audit
and examination, establish the techniques and methods
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Article X: Local Government


General Provisions
SEC 1: Units of local government
The territorial and political subdivisions of the Republic of the
Philippines are the provinces, cities, municipalities, and
barangays. There shall be autonomous regions in Muslim
Mindanao and the Cordilleras as hereinafter provided.
SEC 2: Local autonomy
The territorial and political subdivisions shall enjoy local
autonomy.
SEC 3: Local Government Code
The Congress shall enact a local government code which shall
provide for a more responsive and accountable local government
structure instituted through a system of decentralization with
effective mechanisms of recall, initiative, and referendum,
allocate among the different local government units their powers,
responsibilities, and resources, and provide for the qualifications,
election, appointment and removal, term, salaries, powers and
functions and duties of local officials, and all other matters
relating to the organization and operation of the local units.
SEC 4: President and local governments
The President of the Philippines shall exercise general
supervision over local governments. Provinces with respect to
component cities and municipalities, and cities and municipalities
with respect to component barangays shall ensure that the acts
of their component units are within the scope of their prescribed
powers and functions.
SEC 5: Sources of revenue
Each local government unit shall have the power to create its
own sources of revenues and to levy taxes, fees, and charges
subject to such guidelines and limitations as the Congress may
provide, consistent with the basic policy of local autonomy. Such
taxes, fees, and charges shall accrue exclusively to the local
governments.
Tax: revenue generation | Fee: regulatory
SEC 6: Share in the national taxes
Local government units shall have a just share, as determined by
law, in the national taxes which shall be automatically released to
them.
SEC 7: Share in proceeds from natural resources
Local governments shall be entitled to an equitable share in the
proceeds of the utilization and development of the national
wealth within their respective areas, in the manner provided by
law, including sharing the same with the inhabitants by way of
direct benefits.

Kat Nieto | Block B 2019

SEC 8: Term of local officials


The term of office of elective local officials, except barangay
officials, which shall be determined by law, shall be three years
and no such official shall serve for more than three consecutive
terms. Voluntary renunciation of the office for any length of
time shall not be considered as an interruption in the continuity
of his service for the full term for which he was elected.
Term (except barangay officials): 3 years; no more than 3
consecutive terms
Interruption need not be the full 3 term of 3 years, so long as
interruption is not involuntary, it is sufficient to break the
continuity of service
Borja v COMELEC
o 2 essential elements in determining 3-term limit (Borja
case)
1. Elected for 3 consecutive terms
2. Served full terms
Latasa v COMELEC
o A municipality became a city; not new term count
Involuntary causes
o Disruption (preventive suspension not included because
it is a temporary incapacity to render service during an
unbroken term; interruption occurs after there has been
a break in the term)
o Temporary inability
o Disqualification
SEC 9: Sectoral representation
Legislative bodies of local governments shall have sectoral
representation as may be prescribed by law.
SEC 10: Creation, division, merger, abolition, substantial change of
boundary
No province, city, municipality, or barangay may be created,
divided, merged, abolished, or its boundary substantially altered,
except in accordance with the criteria established in the Local
Government Code and subject to approval by a majority of the
votes cast in a plebiscite in the political units directly affected.

Criteria by Local Government Code: population, revenue,


area (barangay: land area not a requisite)
Plebiscite in political units affected (also applies in
conversion)

SEC 11: Metropolitan political subdivisions


The Congress may, by law, create special metropolitan political
subdivisions, subject to a plebiscite as set forth in Section 10
hereof. The component cities and municipalities shall retain their
basic autonomy and shall be entitled to their own local executives
and legislative assemblies. The jurisdiction of the metropolitan
authority that will hereby be created shall be limited to basic
services requiring coordination.
SEC 12: Classification of cities
Cities that are highly urbanized, as determined by law, and
component cities whose charters prohibit their voters from
voting for provincial elective officials, shall be independent of the
province. The voters of component cities within a province,
whose charters contain no such prohibition, shall not be deprived
of their right to vote for elective provincial officials.

Independent cities: by law


Component city: within a province
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SEC 13: Common efforts, services, and resources


Local government units may group themselves, consolidate or
coordinate their efforts, services, and resources for purposes
commonly beneficial to them in accordance with law.
SEC 14: Regional development councils
The President shall provide for regional development councils or
other similar bodies composed of local government officials,
regional heads of departments and other government offices, and
representatives from non-governmental organizations within the
regions for purposes of administrative decentralization to
strengthen the autonomy of the units therein and to accelerate
the economic and social growth and development of the units in
the region.

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Autonomous Regions
SEC 15: Why and how many autonomous regions
There shall be created autonomous regions in Muslim Mindanao
and in the Cordilleras consisting of provinces, cities,
municipalities, and geographical areas sharing common and
distinctive historical and cultural heritage, economic and social
structures, and other relevant characteristics within the
framework of this Constitution and the national sovereignty as
well as territorial integrity of the Republic of the Philippines.
SEC 16: President and autonomous regions
The President shall exercise general supervision over
autonomous regions to ensure that the laws are faithfully
executed.
SEC 17
All powers, functions, and responsibilities not granted by this
Constitution or by law to the autonomous regions shall be vested
in the National Government.
SEC 18
The Congress shall enact an organic act for each autonomous
region with the assistance and participation of the regional
consultative commission composed of representatives appointed
by the President from a list of nominees from multi-sectoral
bodies. The organic act shall define the basic structure of
government for the region consisting of the executive
department and legislative assembly, both of which shall be
elective and representative of the constituent political units. The
organic acts shall likewise provide for special courts with
personal, family, and property law jurisdiction consistent with the
provisions of this Constitution and national laws.
The creation of the autonomous region shall be effective when
approved by majority of the votes cast by the constituent units in
a plebiscite called for the purpose, provided that only provinces,
cities, and geographic areas voting favorably in such plebiscite
shall be included in the autonomous region.
SEC 19: Enactment of Organic Acts; creation of autonomous regions
The first Congress elected under this Constitution shall, within
eighteen months from the time of organization of both Houses,
pass the organic acts for the autonomous regions in Muslim
Mindanao and the Cordilleras.
SEC 20: Legislative power of autonomous regions
Within its territorial jurisdiction and subject to the provisions of
this Constitution and national laws, the organic act of
autonomous regions shall provide for legislative powers over:
(1) Administrative organization;
(2) Creation of sources of revenues;
(3) Ancestral domain and natural resources;
(4) Personal, family, and property relations;
(5) Regional urban and rural planning development;
(6) Economic, social, and tourism development;
(7) Educational policies;
(8) Preservation and development of the cultural heritage; and
(9) Such other matters as may be authorized by law for the
promotion of the general welfare of the people of the region.
SEC 21: Peace and orders, defense and national security
The preservation of peace and order within the regions shall be
the responsibility of the local police agencies which shall be
organized, maintained, supervised, and utilized in accordance
with applicable laws. The defense and security of the regions
shall be the responsibility of the National Government.
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Article XI: Accountability of Public Officers


SEC 1: Public office as a public trust
Public office is a public trust. Public officers and employees must
at all times be accountable to the people, serve them with utmost
responsibility, integrity, loyalty, and efficiency, act with patriotism
and justice, and lead modest lives.
SEC 2: Impeachment as political justice
The President, the Vice-President, the Members of the Supreme
Court, the Members of the Constitutional Commissions, and the
Ombudsman may be removed from office, on impeachment for,
and conviction of, culpable violation of the Constitution, treason,
bribery, graft and corruption, other high crimes, or betrayal of
public trust. All other public officers and employees may be
removed from office as provided by law, but not by impeachment.
Impeachable
President
Vice President
SC Justices
Constitutional Commission
Ombudsman
Grounds (for and conviction of)
Culpable violation of the Constitution
Treason
Bribery
Graft and corruption
High crimes
Betrayal of public trust
SEC 3: Nature and initiation of impeachment
(1) The House of Representatives shall have the exclusive power
to initiate all cases of impeachment.
(2) A verified complaint for impeachment may be filed by any
Member of the House of Representatives or by any citizen
upon a resolution of endorsement by any Member thereof,
which shall be included in the Order of Business within ten
session days, and referred to the proper Committee within
three session days thereafter. The Committee, after
hearing, and by a majority vote of all its Members, shall
submit its report to the House within sixty session days
from such referral, together with the corresponding
resolution. The resolution shall be calendared for
consideration by the House within ten session days from
receipt thereof.
(3) A vote of at least one-third of all the Members of the House
shall be necessary either to affirm a favorable resolution
with the Articles of Impeachment of the Committee, or
override its contrary resolution. The vote of each Member
shall be recorded.
(4) In case the verified complaint or resolution of impeachment is
filed by at least one-third of all the Members of the House,
the same shall constitute the Articles of Impeachment, and
trial by the Senate shall forthwith proceed.
(5) No impeachment proceedings shall be initiated against the
same official more than once within a period of one year.
(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

Kat Nieto | Block B 2019

two-thirds of all the Members of the Senate.


(7) Judgment in cases of impeachment shall not extend further
than removal from office and disqualification to hold any
office under the Republic of the Philippines, but the party
convicted shall nevertheless be liable and subject to
prosecution, trial, and punishment according to law.
(8) The Congress shall promulgate its rules on impeachment to
effectively carry out the purpose of this section.
Process
1. HoR exclusively initiates
2. Member of HoR or citizen endorsed by member of HoR (by
resolution)
Verified
complaint

3.
4.
5.
6.

7.
8.

Order of
business
(w/in 10d)

Proper
committee
(w/in 3d)

Committee
report
(w/in 60d)

Resolution
calendared
(w/in 10d)

1/3 of all members of HoR to affirm favorable resolution;


votes recorded
Verified complaint filed by 1/3 of all members of HoR then
trial by Senate
1 impeachment per year = 1 official
Senate has sole power to try and decide
o Presidents impeachment: SC CJ presides but does not
vote
o Conviction: 2/3 of all members of Senate
Goal: removal and disqualification to hold office
o Liable and subject to trial
Rules

SEC 4: The Sandiganbayan


The present anti-graft court known as the Sandiganbayan shall
continue to function and exercise its jurisdiction as now or
hereafter may be provided by law.
SEC 5
There is hereby created the independent Office of the
Ombudsman, composed of the Ombudsman to be known as
Tanodbayan, one overall Deputy and at least one Deputy each for
Luzon, Visayas, and Mindanao. A separate Deputy for the
military establishment may likewise be appointed.
SEC 6: Independent body
The officials and employees of the Office of the Ombudsman,
other than the Deputies, shall be appointed by the Ombudsman
according to the Civil Service Law.
SEC 7: The Tanodbayan and the Special Prosecutor
The existing Tanodbayan shall hereafter be known as the Office
of the Special Prosecutor. It shall continue to function and
exercise its powers as now or hereafter may be provided by law,
except those conferred on the Office of the Ombudsman created
under this Constitution.
SEC 8: Qualifications
The Ombudsman and his Deputies shall be natural-born citizens
of the Philippines, and at the time of their appointment, at least
forty years old, of recognized probity and independence, and
members of the Philippine Bar, and must not have been
candidates for any elective office in the immediately preceding
election. The Ombudsman must have for ten years or more been
a judge or engaged in the practice of law in the Philippines.
During their tenure, they shall be subject to the same
disqualifications and prohibitions as provided for in Section 2 of
Article IX-A of this Constitution.
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SEC 9
The Ombudsman and his Deputies shall be appointed by the
President from a list of at least six nominees prepared by the
Judicial and Bar Council, and from a list of three nominees for
every vacancy thereafter. Such appointments shall require no
confirmation. All vacancies shall be filled within three months
after they occur.

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(8) Promulgate its rules of procedure and exercise such other


powers or perform such functions or duties as may be
provided by law.
SEC 14: Powers and responsibilities of Ombudsman and deputies
The Office of the Ombudsman shall enjoy fiscal autonomy. Its
approved annual appropriations shall be automatically and
regularly released.

SEC 10
The Ombudsman and his Deputies shall have the rank of
Chairman and Members, respectively, of the Constitutional
Commissions, and they shall receive the same salary, which shall
not be decreased during their term of office.

SEC 15: Prescription


The right of the State to recover properties unlawfully acquired
by public officials or employees, from them or from their
nominees or transferees, shall not be barred by prescription,
laches, or estoppel.

SEC 11: Qualifications, appointment, term


The Ombudsman and his Deputies shall serve for a term of
seven years without reappointment. They shall not be qualified to
run for any office in the election immediately succeeding their
cessation from office.

SEC 16: Financial accommodations


No loan, guaranty, or other form of financial accommodation for
any business purpose may be granted, directly or indirectly, by
any government-owned or controlled bank or financial
institution to the President, the Vice-President, the Members of
the Cabinet, the Congress, the Supreme Court, and the
Constitutional Commissions, the Ombudsman, or to any firm or
entity in which they have controlling interest, during their
tenure.

SEC 12: Procedure


The Ombudsman and his Deputies, as protectors of the people,
shall act promptly on complaints filed in any form or manner
against public officials or employees of the Government, or any
subdivision, agency or instrumentality thereof, including
government-owned or controlled corporations, and shall, in
appropriate cases, notify the complainants of the action taken and
the result thereof.
SEC 13
The Office of the Ombudsman shall have the following powers,
functions, and duties:
(1) Investigate on its own, or on complaint by any person, any act
or omission of any public official, employee, office or
agency, when such act or omission appears to be illegal,
unjust, improper, or inefficient.
(2) Direct, upon complaint or at its own instance, any public
official or employee of the Government, or any subdivision,
agency or instrumentality thereof, as well as of any
government-owned or controlled corporation with original
charter, to perform and expedite any act or duty required
by law, or to stop, prevent, and correct any abuse or
impropriety in the performance of duties.
(3) Direct the officer concerned to take appropriate action against
a public official or employee at fault, and recommend his
removal, suspension, demotion, fine, censure, or
prosecution, and ensure compliance therewith.
(4) Direct the officer concerned, in any appropriate case, and
subject to such limitations as may be provided by law, to
furnish it with copies of documents relating to contracts or
transactions entered into by his office involving the
disbursement or use of public funds or properties, and
report any irregularity to the Commission on Audit for
appropriate action.
(5) Request any government agency for assistance and
information necessary in the discharge of its
responsibilities, and to examine, if necessary, pertinent
records and documents.
(6) Publicize matters covered by its investigation when
circumstances so warrant and with due prudence.
(7) Determine the causes of
inefficiency, red tape,
mismanagement, fraud, and corruption in the Government
and make recommendations for their elimination and the
observance of high standards of ethics and efficiency.

SEC 17: Disclosure of assets


A public officer or employee shall, upon assumption of office and
as often thereafter as may be required by law, submit a
declaration under oath of his assets, liabilities, and net worth. In
the case of the President, the Vice-President, the Members of
the Cabinet, the Congress, the Supreme Court, the Constitutional
Commissions and other constitutional offices, and officers of the
armed forces with general or flag rank, the declaration shall be
disclosed to the public in the manner provided by law.
SEC 18: A public officers allegiance
Public officers and employees owe the State and this Constitution
allegiance at all times, and any public officer or employee who
seeks to change his citizenship or acquire the status of an
immigrant of another country during his tenure shall be dealt
with by law.

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Article XII: National Economy and Patrimony


SEC 1: General economic policy of the Constitution
The goals of the national economy are a more equitable
distribution of opportunities, income, and wealth; a sustained
increase in the amount of goods and services produced by the
nation for the benefit of the people; and an expanding
productivity as the key to raising the quality of life for all,
especially the underprivileged.
The State shall promote industrialization and full employment
based on sound agricultural development and agrarian reform,
through industries that make full and efficient use of human and
natural resources, and which are competitive in both domestic
and foreign markets. However, the State shall protect Filipino
enterprises against unfair foreign competition and trade
practices.
In the pursuit of these goals, all sectors of the economy and all
regions of the country shall be given optimum opportunity to
develop. Private enterprises, including corporations, cooperatives,
and similar collective organizations, shall be encouraged to
broaden the base of their ownership.
General economic policy of the Constitution
3 basic directions
1. Dual goal of dynamic productivity and a more equitable
distribution of what is produced
Equitable distribution does not refer to just
distribution among people and sectors of the
economy but also to the distribution among
geographic regions
2. Seeks complementarity between industrialization and
agricultural development
Industrialization that is the result of releasing
locked up capital through agrarian reform, not
necessarily agriculturally-related industrialization
3. Protective of things Filipino
Protection can come in the form of tariffs,
quantitative restrictions, or even total ban of
imports in certain cases
Garcia v Board of Investment
o BOI allowing Luzon Petrochemical Corporation to
transfer from Bataan to Batangas merely following the
wishes of foreign investors even if contrary to
Philippine interests
o Court held that BOIs decision constituted grave abuse
of discretion
Directions set by the provision must be complemented by Sec
19 (a self-reliant and independent national economy) and 20
(recognizes the indispensable role of the private sector) of
Art II

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SEC 2: Jura regalia


All lands of the public domain, waters, minerals, coal, petroleum,
and other mineral oils, all forces of potential energy, fisheries,
forests or timber, wildlife, flora and fauna, and other natural
resources are owned by the State. With the exception of
agricultural lands, all other natural resources shall not be
alienated. The exploration, development, and utilization of
natural resources shall be under the full control and supervision
of the State. The State may directly undertake such activities, or
it may enter into co-production, joint venture, or
production-sharing agreements with Filipino citizens, or
corporations or associations at least 60% of whose capital is
owned by such citizens. Such agreements may be for a period not
exceeding 25 years, renewable for not more than 25 years, and
under such terms and conditions as may be provided by law. In
cases of water rights for irrigation, water supply, fisheries, or
industrial uses other than the development of water power,
beneficial use may be the measure and limit of the grant.
The state shall protect the nations marine wealth in its
archipelagic waters, territorial sea, and exclusive economic zone,
and reserve its use and enjoyment exclusively to Filipino citizens.
The Congress may, by law, allow small-scale utilization of
natural resources by Filipino citizens, as well as cooperative fish
farming, with priority to subsistence fishermen and fish workers
in rivers, lakes, bays, and lagoons.
The President may enter into agreements with foreign-owned
corporations involving either technical or financial assistance for
large-scale exploration, development, and utilization of minerals,
petroleum, and other mineral oils according to the general terms
and conditions provided by law, based on real contributions to the
economic growth and general welfare of the country. In such
agreements, the State shall promote the development and use of
local scientific and technical resources.
The President shall notify the Congress of every contract
entered into in accordance with this provision, within 30 days
from its execution.
Jura regalia and limits on dominium
Imperium: government authority possessed by the state
expressed in the concept of sovereignty
Dominium: capacity of the state to own or acquire property
o Power to alienate what is owned
o Foundation of the feudal theory of jura regalia that all
lands were held from the Crown
o In a republican system, medieval concept has been
stripped of royal overtones: ownership is vested in State
When the regalian doctrine was introduced in the Philippines
by colonizers, they did not intend to strip natives of their
ownership of lands already belonging to them
o Carino v Insular Government
When, as far back as testimony or memory goes, the
land has been held by individuals under a claim of
private ownership, it will be presumed to have been
held in the same way from before the Spanish
conquest, and never to have been public land
Application of the regalian doctrine
o If a person is the owner of agricultural land in which
minerals are discovered, such ownership does not give
him the right to extract or utilize said minerals without
permission of the State
o Minerals belong to the State

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Limits of dominium
Only agricultural lands of the public domain may be alienated,
all other natural resources may not be
Exploration, development and utilization of inalienable
resources
Who may participate in the exploration, development, and
utilization of agricultural land?
o Only Filipinos and Filipino corporations may engaged in
the development and utilization of these natural
resources
If natural resources, except agricultural land, cannot be
alienated, how may they be explored, developed, or utilized?
o Direct undertaking of activities by the State or
co-production, joint venture, or production-sharing
agreements with the State and all under the full control
and supervision of the State
SEC 3: Classification of lands of the public domain
Lands of the public domain are classified into agricultural, forest
or timber, mineral lands, and national parks. Agricultural lands
of the public domain may be further classified by law according
to the uses which they may be devoted. Alienable lands of the
public domain shall be limited to agricultural lands. Private
corporations or associations may not hold such alienable lands of
the public domain except by lease, for a period not exceeding
twenty-five years, renewable for not more than twenty-five years,
and not to exceed one thousand hectares in area. Citizens of the
Philippines may lease not more than five hundred hectares, or
acquire not more than twelve hectares thereof by purchase,
homestead, or grant.
Taking into account the requirements of conservation, ecology,
and development, and subject to the requirements of agrarian
reform, the Congress shall determine, by law, the size of lands of
the public domain which may be acquired, developed, held, or
leased and the conditions therefor.

Lands of public domain: agricultural, forest or timber,


mineral lands, national parks
Alienable lands of public domain: agricultural only
Private corporations: public alienable lands only by lease (25
yrs, renewable for 25 yrs) + 1,000 hectares max
Filipino citizens
o Lease: 500 hectares max
o Acquire: 12 hectares max

SEC 4: Forest lands and parks


The Congress shall, as soon as possible, determine by law the
specific limits of forest lands and national parks, marking clearly
their boundaries on the ground. Thereafter, such forest lands and
national parks shall be conserved and may not be increased nor
diminished, except by law. The Congress shall provide, for such
period as it may determine, measures to prohibit logging in
endangered forests and watershed areas.
SEC 5: Ancestral lands and ancestral domain
The State, subject to the provisions of this Constitution and
national development policies and programs, shall protect the
rights of indigenous cultural communities to their ancestral
lands to ensure their economic, social, and cultural well-being.
The Congress may provide for the applicability of customary
laws governing property rights or relations in determining the
ownership and extent of ancestral domain.

Kat Nieto | Block B 2019

Ancestral domain
All-embracing concept: ancestral lands, inland waters,
coastal areas, forests, pastures, residential, and agricultural
lands
Ancestral land
Narrower concept: included in ancestral domain; limited to
lands not merely occupied but also utilized by communities
under claim of individual or traditional worship
SEC 6: Lands and the common good
The use of property bears a social function, and all economic
agents shall contribute to the common good. Individuals and
private groups, including corporations, cooperatives, and similar
collective organizations, shall have the right to own, establish,
and operate economic enterprises, subject to the duty of the State
to promote distributive justice and to intervene when the
common good so demands.
SEC 7: Meaning of private lands
Save in cases of hereditary succession, no private lands shall be
transferred or conveyed except to individuals, corporations, or
associations qualified to acquire or hold lands of the public
domain.

Aliens allowed only in hereditary succession

SEC 8: Exception for former Philippine citizens


Notwithstanding the provisions of Section 7 of this Article, a
natural-born citizen of the Philippines who has lost his
Philippine citizenship may be a transferee of private lands,
subject to limitations provided by law.

Purchase while still a citizen

SEC 9: National Economic and Development Authority


The Congress may establish an independent economic and
planning agency headed by the President, which shall, after
consultations with the appropriate public agencies, various
private sectors, and local government units, recommend to
Congress, and implement continuing integrated and coordinated
programs and policies for national development.
Until the Congress provides otherwise, the National Economic
and Development Authority shall function as the independent
planning agency of the government.
SEC 10: Filipinization of areas of investment
The Congress shall, upon recommendation of the economic and
planning agency, when the national interest dictates, reserve to
citizens of the Philippines or to corporations or associations at
least sixty per centum of whose capital is owned by such citizens,
or such higher percentage as Congress may prescribe, certain
areas of investments. The Congress shall enact measures that
will encourage the formation and operation of enterprises whose
capital is wholly owned by Filipinos.
In the grant of rights, privileges, and concessions covering the
national economy and patrimony, the State shall give preference
to qualified Filipinos.
The State shall regulate and exercise authority over foreign
investments within its national jurisdiction and in accordance
with its national goals and priorities.

Filipinization: enterprises owned by Filipinos; reserve to


Filipinos areas of investment
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Kat Nieto | Block B 2019

SEC 11: Public utilities


No franchise, certificate, or any other form of authorization for
the operation of a public utility shall be granted except to
citizens of the Philippines or to corporations or associations
organized under the laws of the Philippines at least sixty per
centum of whose capital is owned by such citizens, nor shall such
franchise, certificate, or authorization be exclusive in character or
for a longer period than fifty years. Neither shall any such
franchise or right be granted except under the condition that it
shall be subject to amendment, alteration, or repeal by the
Congress when the common good so requires. The State shall
encourage equity participation in public utilities by the general
public. The participation of foreign investors in the governing
body of any public utility enterprise shall be limited to their
proportionate share in its capital, and all the executive and
managing officers of such corporation or association must be
citizens of the Philippines.

SEC 18: Nationalization of industries


The State may, in the interest of national welfare or defense,
establish and operate vital industries and, upon payment of just
compensation, transfer to public ownership utilities and other
private enterprises to be operated by the Government.

SEC 12: Filipino first policy


The State shall promote the preferential use of Filipino labor,
domestic materials and locally produced goods, and adopt
measures that help make them competitive.

SEC 20: A central monetary authority


The Congress shall establish an independent central monetary
authority, the members of whose governing board must be
natural-born Filipino citizens, of known probity, integrity, and
patriotism, the majority of whom shall come from the private
sector. They shall also be subject to such other qualifications and
disabilities as may be prescribed by law. The authority shall
provide policy direction in the areas of money, banking, and
credit. It shall have supervision over the operations of banks and
exercise such regulatory powers as may be provided by law over
the operations of finance companies and other institutions
performing similar functions.
Until the Congress otherwise provides, the Central Bank of the
Philippines, operating under existing laws, shall function as the
central monetary authority.

SEC 13: Forms and arrangements in economic exchange


The State shall pursue a trade policy that serves the general
welfare and utilizes all forms and arrangements of exchange on
the basis of equality and reciprocity.
SEC 14: Care for Filipino professionals and skilled workers
The sustained development of a reservoir of national talents
consisting of Filipino scientists, entrepreneurs, professionals,
managers, high-level technical manpower and skilled workers
and craftsmen in all fields shall be promoted by the State. The
State shall encourage appropriate technology and regulate its
transfer for the national benefit.
The practice of all professions in the Philippines shall be limited
to Filipino citizens, save in cases prescribed by law.

Practice of professions limited to Philippine citizens except


as provided by law

SEC 15: Development of cooperatives


The Congress shall create an agency to promote the viability and
growth of cooperatives as instruments for social justice and
economic development.

Nationalization through Congress


o State ownership of industries and public utilities
o Instrument toward Filipinization

SEC 19: Monopolies and combinations


The State shall regulate or prohibit monopolies when the public
interest so requires. No combinations in restraint of trade or
unfair competition shall be allowed.

No total prohibition against monopolies but must be


regulated

SEC 21: Foreign loans


Foreign loans may only be incurred in accordance with law and
the regulation of the monetary authority. Information on foreign
loans obtained or guaranteed by the Government shall be made
available to the public.
SEC 22: Penal sanctions
Acts which circumvent or negate any of the provisions of this
Article shall be considered inimical to the national interest and
subject to criminal and civil sanctions, as may be provided by law.

SEC 16: Private corporations


The Congress shall not, except by general law, provide for the
formation, organization, or regulation of private corporations.
Government-owned or controlled corporations may be created or
established by special charters in the interest of the common
good and subject to the test of economic viability.

General law: Corporation Code


Special law: Subject to CSC

SEC 17: Temporary stake take over of business affected with public
interest
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 operation of any privately owned public utility or business
affected with public interest.

National emergency; need for Congress approval


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Article XVI: General Provisions


SEC 1: The Flag
The flag of the Philippines shall be red, white, and blue, with a
sun and three stars, as consecrated and honored by the people
and recognized by law.
SEC 2: New national name, anthem, seal
The Congress may, by law, adopt a new name for the country, a
national anthem, or a national seal, which shall all be truly
reflective and symbolic of the ideals, history, and traditions of
the people. Such law shall take effect only upon its ratification by
the people in a national referendum.
SEC 3: Sovereign immunity
The State may not be sued without its consent.

Implied consent: state entering contract


Jure imperii: public acts in pursuit of a sovereign activity, or
an incident thereof
Jure gestionis: private or commercial acts

SEC 4: Armed Forces of the Philippines


The Armed Forces of the Philippines shall be composed of a
citizen armed force which shall undergo military training and
serve, as may be provided by law. It shall keep a regular force
necessary for the security of the State.
SEC 5: Quality of service expected from the armed forces
(1) All members of the armed forces shall take an oath or
affirmation to uphold and defend this Constitution.
(2) The State shall strengthen the patriotic spirit and nationalist
consciousness of the military, and respect for peoples
rights in the performance of their duty.
(3) Professionalism in the armed forces and adequate
remuneration and benefits of its members shall be a prime
concern of the State. The armed forces shall be insulated
from partisan politics.
No member of the military shall engage directly or indirectly in
any partisan political activity, except to vote.
(4) No member of the armed forces in the active service shall, at
any time, be appointed or designated in any capacity to a
civilian position in the Government including
government-owned or controlled corporations or any of
their subsidiaries.
(5) Laws on retirement of military officers shall not allow
extension of their service.
(6) The officers and men of the regular force of the armed forces
shall be recruited proportionately from all provinces and
cities as far as practicable.
(7) The tour of duty of the Chief of Staff of the armed forces shall
not exceed three years. However, in times of war or other
national emergency declared by the Congress, the
President may extend such tour of duty.

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SEC 7
The State shall provide immediate and adequate care, benefits,
and other forms of assistance to war veterans and veterans of
military campaigns, their surviving spouses and orphans. Funds
shall be provided therefor and due consideration shall be given
them in the disposition of agricultural lands of the public
domain and, in appropriate cases, in the utilization of natural
resources.
SEC 8: Remuneration and benefits
The State shall, from time to time, review to upgrade the
pensions and other benefits due to retirees of both the
government and the private sectors.
SEC 9: Consumer protection
The State shall protect consumers from trade malpractices and
from substandard or hazardous products.
SEC 10: Communication policy
The State shall provide the policy environment for the full
development of Filipino capability and the emergence of
communication structures suitable to the needs and aspirations
of the nation and the balanced flow of information into, out of,
and across the country, in accordance with a policy that respects
the freedom of speech and of the press.
SEC 11: Mass media
(1) The ownership and management of mass media shall be
limited to citizens of the Philippines, or to corporations,
cooperatives or associations, wholly-owned and managed
by such citizens.
The Congress shall regulate or prohibit monopolies in
commercial mass media when the public interest so
requires. No combinations in restraint of trade or unfair
competition therein shall be allowed.
(2) The advertising industry is impressed with public interest,
and shall be regulated by law for the protection of
consumers and the promotion of the general welfare.
Only Filipino citizens or corporations or associations at least
seventy per centum of the capital of which is owned by
such citizens shall be allowed to engage in the advertising
industry.
The participation of foreign investors in the governing body
of entities in such industry shall be limited to their
proportionate share in the capital thereof, and all the
executive and managing officers of such entities must be
citizens of the Philippines.
SEC 12
The Congress may create a consultative body to advise the
President on policies affecting indigenous cultural communities,
the majority of the members of which shall come from such
communities.

SEC 6: One police force


The State shall establish and maintain one police force, which
shall be national in scope and civilian in character, to be
administered and controlled by a national police commission. The
authority of local executives over the police units in their
jurisdiction shall be provided by law.

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Article XVII: Amendments or revisions


SEC 1
Any amendment to, or revision of, this Constitution may be
proposed by:
(1) The Congress, upon a vote of three-fourths of all its
Members; or
(2) A constitutional convention.

Amendment: alteration of one specific and isolated


provision/s; can be done through initiative and referendum
Revision: re-examination of the whole document; cannot be
done through initiative and referendum
Revolution: action not pursuant to any constitutional
provision

SEC 2
Amendments to this Constitution may likewise be directly
proposed by the people through initiative upon a petition of at
least twelve per centum of the total number of registered voters,
of which every legislative district must be represented by at least
three per centum of the registered voters therein. No amendment
under this section shall be authorized within five years following
the ratification of this Constitution nor oftener than once every
five years thereafter.
The Congress shall provide for the implementation of the
exercise of this right.

Amendments:
o Initiative
o At least 12% registered voters; every legislative district
at least 3%
Congress cannot alter amendment through
initiative
No amendment within 5 years following ratification of
Constitution nor more than once every 5 years
o No limits to number of amendments proposed; but, one
plebiscite only to be ratified

SEC 3: Amendment, revision, revolution


The Congress may, by a vote of two-thirds of all its Members,
call a constitutional convention, or by a majority vote of all its
Members, submit to the electorate the question of calling such a
convention.
SEC 4: Ratification or revolution
Any amendment to, or revision of, this Constitution under
Section 1 hereof shall be valid when ratified by a majority of the
votes cast in a plebiscite which shall be held not earlier than sixty
days nor later than ninety days after the approval of such
amendment or revision.
Any amendment under Section 2 hereof shall be valid when
ratified by a majority of the votes cast in a plebiscite which shall
be held not earlier than sixty days nor later than ninety days
after the certification by the Commission on Elections of the
sufficiency of the petition.
Valid ratification
1. Held in an election conducted by election law
2. Supervised by independent COMELEC
3. Registered voters only

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Article XVIII: Transitory Provisions


SEC 1: 1st elections under the 1987 Constitution
The first elections of Members of the Congress under this
Constitution shall be held on the second Monday of May, 1987.
The first local elections shall be held on a date to be determined
by the President, which may be simultaneous with the election of
the Members of the Congress. It shall include the election of all
Members of the city or municipal councils in the Metropolitan
Manila area.
SEC 2: Term of 1st Members of Congress and of first local officials
The Senators, Members of the House of Representatives, and the
local officials first elected under this Constitution shall serve
until noon of June 30, 1992.
Of the Senators elected in the election of 1992, the first twelve
obtaining the highest number of votes shall serve for six years
and the remaining twelve for three years.
SEC 3: Status of laws, decrees, etc passed before the 1987 Constitution
All existing laws, decrees, executive orders, proclamations, letters
of instructions, and other executive issuances not inconsistent
with this Constitution shall remain operative until amended,
repealed, or revoked.
SEC 4: Status of treaties and international agreements
All existing treaties or international agreements which have not
been ratified shall not be renewed or extended without the
concurrence of at least two-thirds of all the Members of the
Senate.
SEC 5: Term of Pres Cory Aquino; synchronization of elections
The six-year term of the incumbent President and Vice-President
elected in the February 7, 1986 election is, for purposes of
synchronization of elections, hereby extended to noon of June 30,
1992.
The first regular elections for the President and Vice-President
under this Constitution shall be held on the second Monday of
May, 1992.
SEC 6: Pres Cory Aquinos legislative power
The incumbent President shall continue to exercise legislative
powers until the first Congress is convened.
SEC 7: Sectoral representatives
Until a law is passed, the President may fill by appointment from
a list of nominees by the respective sectors the seats reserved for
sectoral representation in paragraph (2), Section 5 of Article VI
of this Constitution.
SEC 8: Metropolitan authority
Until otherwise provided by the Congress, the President may
constitute the Metropolitan Authority to be composed of the
heads of all local government units comprising the Metropolitan
Manila area.
SEC 9: Sub-provinces
A sub-province shall continue to exist and operate until it is
converted into a regular province or until its component
municipalities are reverted to the mother province.
SEC 10
All courts existing at the time of the ratification of this
Constitution shall continue to exercise their jurisdiction, until
otherwise provided by law. The provisions of the existing Rules

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of Court, judiciary acts, and procedural laws not inconsistent


with this Constitution shall remain operative unless amended or
repealed by the Supreme Court or the Congress.
SEC 11: Security of tenure of judges
The incumbent Members of the Judiciary shall continue in office
until they reach the age of seventy years or become incapacitated
to discharge the duties of their office or are removed for cause.
SEC 12
The Supreme Court shall, within one year after the ratification of
this Constitution, adopt a systematic plan to expedite the
decision or resolution of cases or matters pending in the
Supreme Court or the lower courts prior to the effectivity of this
Constitution. A similar plan shall be adopted for all special courts
and quasi-judicial bodies.
SEC 13
The legal effect of the lapse, before the ratification of this
Constitution, of the applicable period for the decision or
resolution of the cases or matters submitted for adjudication by
the courts, shall be determined by the Supreme Court as soon as
practicable.
SEC 14: Cases filed before the effectivity of the 1987 Constitution
The provisions of paragraphs (3) and (4), Section 15 of Article
VIII of this Constitution shall apply to cases or matters filed
before the ratification of this Constitution, when the applicable
period lapses after such ratification.
SEC 15: Term of carry-over commissioners
The incumbent Members of the Civil Service Commission, the
Commission on Elections, and the Commission on Audit shall
continue in office for one year after the ratification of this
Constitution, unless they are sooner removed for cause or become
incapacitated to discharge the duties of their office or appointed
to a new term thereunder. In no case shall any Member serve
longer than seven years including service before the ratification
of this Constitution.
SEC 16: Career civil service officers
Career civil service employees separated from the service not for
cause but as a result of the reorganization pursuant to
Proclamation No. 3 dated March 25, 1986 and the reorganization
following the ratification of this Constitution shall be entitled to
appropriate separation pay and to retirement and other benefits
accruing to them under the laws of general application in force at
the time of their separation. In lieu thereof, at the option of the
employees, they may be considered for employment in the
Government or in any of its subdivisions, instrumentalities, or
agencies,
including
government-owned
or
controlled
corporations and their subsidiaries. This provision also applies to
career officers whose resignation, tendered in line with the
existing policy, had been accepted.
SEC 17
Until the Congress provides otherwise, the President shall
receive an annual salary of P300,000; the Vice-President, the
President of the Senate, the Speaker of the House of
Representatives, and the Chief Justice of the Supreme Court,
P240,000 each; the Senators, the Members of the House of
Representatives, the Associate Justices of the Supreme Court,
and the Chairmen of the Constitutional Commissions, P204,000
each; and the Members of the Constitutional Commissions,
P180,000 each.
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SEC 18: Re-adjustment of salaries


At the earliest possible time, the Government shall increase the
salary scales of the other officials and employees of the National
Government.
SEC 19
All properties, records, equipment, buildings, facilities, and other
assets of any office or body abolished or reorganized under
Proclamation No. 3 dated March 25, 1986 or this Constitution
shall be transferred to the office or body to which its powers,
functions, and responsibilities substantially pertain.
SEC 20
The first Congress shall give priority to the determination of the
period for the full implementation of free public secondary
education.
SEC 21: Reversion of lands and real rights illegally acquired
The Congress shall provide efficacious procedures and adequate
remedies for the reversion to the State of all lands of the public
domain and real rights connected therewith which were acquired
in violation of the Constitution or the public land laws, or
through corrupt practices. No transfer or disposition of such
lands or real rights shall be allowed until after the lapse of one
year from the ratification of this Constitution.
SEC 22: Idle or abandoned lands for land reform
At the earliest possible time, the Government shall expropriate
idle or abandoned agricultural lands as may be defined by law, for
distribution to the beneficiaries of the agrarian reform program.

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However, in the national interest, as certified by the President,


the Congress may extend said period.
A sequestration or freeze order shall be issued only upon
showing of a prima facie case. The order and the list of the
sequestered or frozen properties shall forthwith be registered
with the proper court. For orders issued before the ratification of
this Constitution, the corresponding judicial action or proceeding
shall be filed within six months from its ratification. For those
issued after such ratification, the judicial action or proceeding
shall be commenced within six months from the issuance thereof.
The sequestration or freeze order is deemed automatically lifted
if no judicial action or proceeding is commenced as herein
provided.

Operative until 18 months after ratification


Sequestration order only upon prima facie case
o List of sequestered properties registered with proper
court
Before ratification: 6 months from ratification
After ratification: 6 months from issuance

SEC 27: Date of effectivity of the 1987 Constitution


This Constitution shall take effect immediately upon its
ratification by a majority of the votes cast in a plebiscite held for
the purpose and shall supersede all previous Constitutions.
Ratified: February 2, 1987

SEC 23: Advertising entities


Advertising entities affected by paragraph (2), Section 11 of
Article XVI of this Constitution shall have five years from its
ratification to comply on a graduated and proportionate basis
with the minimum Filipino ownership requirement therein.
SEC 24: Private armies, etc
Private armies and other armed groups not recognized by duly
constituted authority shall be dismantled. All paramilitary forces
including Civilian Home Defense Forces not consistent with the
citizen armed force established in this Constitution, shall be
dissolved or, where appropriate, converted into the regular force.
SEC 25: Foreign military bases, troops, or facilities; the VFA
After the expiration in 1991 of the Agreement between the
Republic of the Philippines and the United States of America
concerning Military Bases, foreign military bases, troops, or
facilities shall not be allowed in the Philippines except under a
treaty duly concurred in by the Senate and, when the Congress
so requires, ratified by a majority of the votes cast by the people
in a national referendum held for that purpose, and recognized as
a treaty by the other contracting State.

Concurred by Senate
When Congress requires: ratify majority in national
referendum
Recognized as treaty by other state

SEC 26: Sequestration orders


The authority to issue sequestration or freeze orders under
Proclamation No. 3 dated March 25, 1986 in relation to the
recovery of ill-gotten wealth shall remain operative for not more
than eighteen months after the ratification of this Constitution.
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