I.

The Philippine Constitution

A. Constitution; definition, nature and concepts
- A body of rules and maxims in accordance with which the powers of sovereignty are habitually
exercised. The constitution is the basic and paramount law to which all other laws must conform
and to which all persons, including the highest officials of the land, must defer. No act shall be
valid, however noble its intentions, if it conflicts with the Constitution. (Cruz, 2002)
- The Philippine Constitution is written, conventional and rigid.

B. Parts
Constitution of Liberty
– The series of prescriptions setting forth the fundamental civil and political rights of the citizens and
imposing limitations on the powers of government as a means of securing the enjoyment of those
rights.

Constitution of Government
– The series of provisions outlining the organization of the government, enumerating its powers,
laying down certain rules relative to its administration, and defining the electorate.

Constitution of Sovereignty – The provisions pointing out the mode or procedure in accordance with
which formal changes in the fundamental law may be brought about.

C. Amendments and revisions

D. Self-executing and non-self-executing provisions

Self-executing provisions
- A provision which is complete in itself and becomes operative without the aid of supplementary
or enabling legislation, or that which supplies a sufficient rule by means of which the right it
grants may be enjoyed or protected. (ex. Provisions under the Bill of Rights are generally self-
executing)
-
Non-self-executing provisions
- A provision which lays down a general principle.

E. General Provisions

II. General Considerations

A. National territory
1. Archipelagic Doctrine of National Territory
The doctrine is stated in the second sentence of Article 1 of the 1987 Constitution, which
provides that 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.
The idea of the archipelago doctrine is that these separate islands should be treated just like a
single mass, an integrated whole.
The definition of the national territory included the phrase “territory belonging to the Philippines
by historic right or legal title”, because of our strong claim to Sabbah.
The Philippine’s claim to the Kalayaan Islands is supposed to start with its discovery by Tomas
Cloma. In Public International Law, discovery alone does not vest title in the territory of the State.
Discovery has to be coupled with occupation which Cloma did. In fact, a number of inhabitants of the
island are registered voters in Palawan.
 As of this time Administrative Order No. 29, signed last September 5, 2012, President Benigno
Aquino Jr. has officially named the maritime areas on the western side of the Philippines, where the
disputed Scarborough Shoal and Kalayaan Island Group area located, as the "West Philippine Sea."
The AO states that areas included in the West Philippine Sea are the Luzon Sea "as well as the
waters around, within and adjacent to the Kalayaan Island Group and Bajo de Masinloc, also known
as Scarborough Shoal."

B. State Immunity
State Immunity from Suit
The state may not be sued without its consent. (Art. XVI, Sec. 9)
The issue of whether or not an imputation of vicarious liability is an express consent on the part
of the State to be sued must make a distinction between suability and liability.
When the State consents to be sued, it does not admit liability. The immunity flows from
sovereignty. Any suit against the State is an interrogation of sovereignty and has to be construed very
strictly.
However, Congress consent may also be given through a special law, not only in the form of the
various charters that Congress may pass in the matter of creation of certain incorporated agencies.
In the case of Merritt vs Government of the Philippines (G.R. No. L-11154 March 21, 1916) the SC
ruled that Merritt was allowed by the government to sue the State but since the ambulance was
driven by a regular driver, the State was not liable because the government was not acting through a
special agent. The State shall be responsible for torts only when it acts through a special agent and
not when the damage has been caused by the official or employee to whom the task done properly
pertains.

C. General principles and state policies

Doctrine of Parens Patriae
- The government as guardian of the rights of people may initiate legal actions for and in behalf of
particular individual. (Government of Phil. Islands v. El Monte de Piedad, No. L-9959 December
13, 1916)

Republicanism (Art. II, Sec. 1)

- The Philippines is a democratic and republican state. Sovereignty resides in the people and all
government authority emanates from them. No person is above the law; all must bow to its
majesty.

Incorporation Clause (Art. II, Sec. 2)

- Every State is, by reason of its membership in the family of nations, bound by the generally
accepted principles of international law, which are considered to be automatically part of its own
laws.
- Where there appears to be a conflict between international law and municipal law, efforts should
be presumed that municipal law was enacted with proper regard for the generally accepted rules
of international law.

The defense of the State ( Art. II, Sec. 4 & 8)

- A state may take up all necessary action, including the use of armed force, to repel any threat to
its security. Duty to defend the State is imposed upon all citizens, including women.
- The National Defense Law, in so far as it is established compulsory military service, does not go
against this constitutional provision but is, on the contrary, in faithful compliance therewith. The
duty of the government to defend the State cannot be performed except through an army. To
leave the organization of an army to the will of the citizens would be to make this duty of the
 Government excusable should there be no sufficient men who volunteer to enlist therein.
(People v. Lagman and People v. Zosa, 38 O.G. 1676)

Rearing of the Youth (Art. II, Sec. 12 & 13)

- The State cannot unreasonably interfere with the exercise by parents of their natural right and
duty to rear their children, but it may regulate the same under the police power.

Women (Art. II, Sec. 14)

- The State shall recognize the role of women in nation-building and shall ensure the fundamental
equality before the law of women and men.

Social Justice (Art. II, Sec. 9-11, 18, 21)

- Social justice is the humanization of laws and the equalization of social and economic forces by
the State so that justice in its rational and objectively secular conception may at least be
approximated. (Calalang v. Williams, 70 Phil. 726)

Separation of Church and State (Art. II, Sec. 6)

- No law shall be made respecting an establishment of religion or prohibiting the free exercise
thereof.
- It is not only the State that is prohibited from interfering in purely ecclesiastical affairs; the
Church is likewise barred from meddling in purely secular matters.

Supremacy of Civilian Authority (Art. II, Sec. 3)

- The civilian authority is, at all times, supreme over the military.

Local Autonomy (Art. II, Sec. 25)

- Autonomy of Local Governments

Economy (Art. II, Sec. 19-21)

- “Philippinization”

D. Separation of Powers
The doctrine of separation of powers is intended to prevent a concentration of authority in one
person or group of persons that might lead to an irreversible error or abuse in its exercise to the
detriment of our republican institutions.
The legislature is generally limited to the enactment of laws and may not enforce or apply them;
the executive to the enforcement of laws and may not enact or apply them; and the Judiciary to the
application of laws and may not enact or enforce them.

E. Checks and Balances

One department is allowed to resist encroachments upon its prerogatives or to rectify mistakes
or excesses committed by the other department. The ends of the government are better achieved
through the exercise by its agencies of only the powers assigned to them, subject to reversal in
proper cases by those constitutionally authorized.

F. Delegation of Powers
Potestas delegate non delegari potest – What has been delegated cannot be delegated.

Tests of delegation
a.) The completeness test – Ideally, the law must be complete in all its essential terms and conditions
when it leaves the legislature so that there will be nothing left for the delegate to do when it reaches
him except to enforce it. If there are gaps in the law that will prevent its enforcement unless they are
first filled, the delegate will then have been given the opportunity to step into the shoes of the
 legislature and to exercise a discretion essentially legislative in order to repair the omissions. This is
invalid delegation.
b.) The sufficient standard test – Even if the law does not spell out in detail the limits of the delegate’s
authority, it may still be sustained if the delegation of legislative power is made subject to a sufficient
standard. A sufficient standard is intended to map out the boundaries of the delegate’s authority by
defining the legislative policy and indicating the circumstances under which it is to be pursued and
effected. The purpose of the sufficient standard is to prevent a total transference of legislative power
from the lawmaking body to the delegate.

G. Forms of Government
De Jure Government
- Has rightful title but no power or control, either because this has been withdrawn from it or
because it has not yet actually entered into the exercise thereof.

De Facto Government
- A government of fact, that is, it actually exercises power or control but without legal title.

III. Legislative Department

A. Who may exercise legislative power
1. Congress

2. Regional/local legislative power

3. People’s initiative on statutes

a) Initiative and referendum (Sec. 32, Art. VI)
Initiative
o The power of the people to propose bills and laws, and to enact or reject them at the
polls, independent of the legislative assembly. It is the right of a group of citizens to
introduce a matter for legislation either to the legislature or directly to the voters.

Referendum
o The right reserved to the people to adopt or reject any act or measure which has been
passed by a legislative body and which in most cases would without action on the part
of the electors become a law. It is defined as a method of submitting an important
legislative measure to a direct vote of the whole people, the submission of a law passed
by the legislature for their approval or rejection.

4. The president under a martial law rule or in a revolutionary government

B. Houses of Congress
1. Senate – 24 Senators who shall be elected at large. (Sec. 2, Art. VI)

2. House of Representatives– not more than 250 members unless otherwise fixed by law
(Sec. 5(1), Art. VI)
a) District representatives and questions of apportionment
 Members of the house of representatives 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

b) Party-list system
 Party list representatives shall constitute 20% of the total number of
representatives; 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. Legislative privileges, inhibitions and disqualifications

Immunity from Arrest & Privilege of Speech and Debate

Section 11, Art VI of the Constitution provides:

A Senator or Member of the House of Representatives shall, in all offenses punishable by not more
than six years imprisonment, be privileged from arrest while the Congress is in session.
No member shall be questioned nor be held liable in any other place for any speech or
debate in Congress or in any committee thereof.
In Vera vs. Avelino (G.R. No. L-543, 08/31/1946), the Supreme Court, quoting a decision of the
United States Supreme Court, explained for whose benefit the right to parliamentary immunity is
secured:
These privileges are thus secured not with the intention of protecting the members against prosecutors
for their own benefit, but to support the rights of the people, by enabling their representatives to
execute the function of their office without fear of prosecution, civil or criminal.

Inhibititions & Disqualifications

i. 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.
(Sec. 13)
ii. Neither shall he be appointed to any office which may have been created or the emolument
thereof increased during the term for which he was elected (Sec. 13)
iii. 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. (Sec. 14)
iv. Neither shall he be, directly or indirectly, 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. (Sec. 14)
v. 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. (Sec. 14)

4. Quorum and voting majorities

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. [Sec. 16 (2)]
Voting Requirements in Congress

Majority Voting

1. 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. [Article VI Section 16 (2)]
2. No law granting any tax exemption shall be passed without the concurrence of a majority of all the
Members of the Congress [Article VI Section 28 (4)]
3. 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 [of martial law] or suspension [of the privilege of the writ of
habeas corpus], 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. [Article VII Section 18]
4. The President has the power to grant amnesty with the concurrence of a majority of all the
Members of the Congress [Article VII Section 19]

2/3 Voting Requirement

1. Each House may determine the rules of its proceedings, punish its Members for disorderly behavior,
and, with the concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty of
suspension, when imposed, shall not exceed sixty days. [Article VI Section 16 (3)]
2. The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting separately,
shall have the sole power to declare the existence of a state of war. [Article VI Section 23 (1)]
3. To override the veto of the President in passing a bill, 2/3 votes of each House voting separately shall be
necessary. 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 thirty
days after the date of receipt thereof; otherwise, it shall become a law as if he had signed it (Article VI
Section 27)
4. No treaty or international agreement shall be valid and effective unless concurred in by at least two-
thirds of all the Members of the Senate (Article VII Section 21)
5. The Senate shall have the sole power to try and decide all cases of impeachment. When sitting for
that purpose, the Senators shall be on oath or affirmation. When the President of the Philippines is on
trial, the Chief Justice of the Supreme Court shall preside, but shall not vote. No person shall be
convicted without the concurrence of two-thirds of all the Members of the Senate [Article XI Section 3
(6)]
6. 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
[Article XVII Section 3]

3/4 Voting Requirement

Any amendment to, or revision of, this Constitution may be proposed by:

The Congress, upon a vote of three-fourths of all its Members

1/3 Voting Requirement

A vote of at least one-third of all the Members of the House of Representatives 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. [Article XI Section 3 (3)]
1/5 Voting Requirement

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

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

6. Electoral Tribunals and the Commission on Appointments

a) Nature & Powers

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
nine Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief
Justice, and the remaining six 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. (Sec. 17)

Commission on Appointments consisting of the President of the Senate, as ex officio

Chairman, twelve Senators, and twelve 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 case of a tie. The Commission shall act on all appointments
submitted to it within thirty session days of the Congress from their submission. The Commission
shall rule by a majority vote of all the Members. (Sec. 18)

7. Powers of Congress
a) Legislative
i. Legislative inquiries and the oversight functions

Legislative power of inquiry in aid of legislation

Constitution. Article VI. SECTION 21. 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.

Exception: Executive privilege (Senate vs. Ermita, G.R. No. 169777)

Exception to the exception: That a type of information is recognized as privileged does not, however,
necessarily mean that it would be considered privileged in all instances. For in determining the
validity of a claim of privilege, the question that must be asked is not only whether the requested
information falls within one of the traditional privileges, but also whether that privilege should be
honored in a given procedural setting.
 ii. Bicameral conference committee
iii. Limitations on Legislative power

a) Limitations on revenue, appropriations and tariff measures

1. 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. (Sec. 24)

2. 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. 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. (Sec. 25 (1-2))

3. 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. (Sec. 25 (5))

4. 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. (Sec. 25 (6))

b)Presidential veto and Congressional override

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, two-thirds 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 two-thirds 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 thirty days
after the date of receipt thereof, otherwise, it shall become a law as if he had signed it.

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. (Sec.
27)

b) Non-Legislative
i. Informing function
ii. Power of impeachment

What is the impeachment procedure in the House of Representatives and Senate?

 The HOUSE OF REPRESENTATIVES has the exclusive power TO INITIATE all cases of impeachment.
A verified complaint must be filed by either a Member of the House of Representatives or by any
citizen upon a resolution of endorsement by any Member thereof. Once the verified complaint has
been filed it shall be included in the Order of Business within 10 session days, and referred to the
proper Committee within 3 session days thereafter.

The Committee, after hearing, and by a majority vote of all its Members, shall submit its report to
the House within 60 session days from such referral, together with the corresponding resolution.

The resolution shall be calendared for consideration by the House within 10 session days from
receipt thereof. In the committee hearings, 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.

If a 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.

The SENATE has the sole power to TRY AND DECIDE all cases of impeachment. When sitting for
that purpose, the Senators shall be on oath or affirmation. If the president will be on trial, the Chief
Justice of the Supreme Court shall preside, but shall not vote. The president shall not be convicted
without the concurrence of two-thirds of all the Members of the Senate. However, judgment is
limited to removal from office and disqualification to hold any office under the Republic of the
Philippines without prejudice to any prosecution, trial, and punishment, according to law (Sec.
3 Art XI of the 1987Philippine Constitution)

iii. Other non-legislative powers

IV. Executive Department

A. Privileges, inhibitions and disqualifications
Privileges --
1. Presidential immunity
President’s Immunity from Suit

The rationale for the grant to the president of the privilege of immunity from suit is to assure the exercise
of Presidential duties and functions free from any hindrance or distraction, considering that being the
Chief Executive of the Government is a job that, aside from requiring all of the office-holder's time, also
demands undivided attention. But this privilege of immunity from suit, pertains to the president by virtue
of the office and may be invoked only by the holder of the office; not by any other person in the
president’s behalf. Thus, an accused in a criminal case in which the president is the complainant cannot
raise the presidential privilege as a defense to prevent the case from proceeding against such accused.

2. Presidential privilege
Inhibitions and disqualifications

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 fourth 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, chairmen or heads of bureaus or offices, including
government-owned or controlled corporations and their subsidiaries. (Sec. 13)

B. Powers
1. Executive and administrative powers in general
2. Power of appointment
a) In general

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 officers 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.
(Sec. 16)

b) Commission on Appointments confirmation

What positions may be appointed by the President, which are NOT subject to confirmation by
the Commission on Appointments?

1. All other officers of the Government whose appointments are not otherwise provided for by law,
and
2. Those whom he may be authorized by law to appoint.

Note: 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
disapproved by the Commission on Appointments or until the next adjournment of the Congress.

The spouse and relatives by consanguinity or affinity within the fourth 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, chairmen or heads
of bureaus or offices, including government-owned or controlled corporations and their subsidiaries

c) Midnight appointments
Appointment made by a President within 2 months before the next presidential elections and up to
the end of his term (Sec. 15, Art. VII)

d) Power of Removal
General Rule: This power is implied from the power to appoint.
Exception: Those appointed by him where the Constitution prescribes certain methods for separation
from public service.

3. Power of control and supervision

The President shall have control of all the executive departments, bureaus, and offices. He shall
ensure that the laws be faithfully executed. (Sec. 17)
 a) Doctrine of qualified political agency - all executive and administrative
organizations are adjuncts of the Executive department, the heads of the
various executive, and, except in cases where the Chief Executive is required by
the Constitution or law to act in person or the exigencies of the situation
demand that he acts personally, the multifarious executive and administrative
functions of the Chief Executive are performed by and through the executive
departments, and the acts of the Secretaries of Executive departments when
performed and promulgated in the regular course of business or unless
disapproved or reprobated by the Chief Executive, are presumptively the acts
of the Chief Executive. (Villena v. Secretary of Interior)

b) Executive departments and offices

c) Local government units

4. Military powers
The President shall be the Commander-in-Chief of all armed forces of the Philippines and
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 sixty days, suspend the privilege of the writ of habeas corpus or place
the Philippines or any part thereof under martial law. Within forty-eight 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. (Sec. 18)

5. Pardoning power
a) Nature and limitations
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. (Sec.19)

May the President Grant pardons and amnesties unilaterally?

The president has the power to grant amnesty only with the concurrence of a majority of all the
members of Congress (Paragraph 2, Sec 19, Art VII of the Constitution)

The President may grant reprieves, commutations and pardons except:

1. in cases of impeachment and (Par. 2, Sec 19, Art VII of the Constitution)
2. in cases of violation of election laws, rules, and regulations, in which case it must have the
favorable recommendation of the Commission on Elections (Section 5, Art IX(C) of the
Constitution)
3. it may be granted only after conviction (People v. Salle, G.R. No. 103567 December 4, 1995

b) Forms of executive clemency

6. Diplomatic power
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 thirty days from the end of every quarter of the
calendar year, submit to the Congress a complete report of its decision 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. (Sec. 20)

7. Powers relative to appropriation measures

8. Delegated powers
9. Veto powers
10.Residual powers
11.Executive privilege
The right of the President and high-level executive branch officials to withhold information from
Congress, the Courts, and ultimately, the public.

C. Rules of succession

What is the rule on succession under the Constitution when the President and Vice President are
disabled permanently?

In case of inability of both the President and the Vice President during their term, the President of the
Senate, or in case of his inability, the Speaker of the House of Representatives will act as President until
a President or Vice President shall have been elected and qualified (Par. 1, Sec. 8, Art VI of the
Constitution)

V. Judicial Department
A. Concepts
1. Judicial Power
Article VIII in the 1935 and 1973 Constitutions states that:
Sec 1. The Judicial power shall be vested in one Supreme Court and in such lower courts as may be
established.”

“ 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
grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.”

2. Judicial Review
The power of a court to adjudicate the constitutionality of legislative or executive acts.

Requisites of Judicial Review

1. Actual case or controversy
2. The question must be raised by the proper party
3. The question must be raised at the best possible opportunity
4. The question must be determined at the case itself

a) Operative Fact Doctrine

Only applies as a matter of equity and fair play. It nullifies the effects of an unconstitutional law by
recognizing that the existence of a statute prior to a determination of unconstitutionality is an
operative fact and may have consequences which cannot always be ignored. The past cannot always
be erased by a new judicial declaration.

b) Moot Questions
A case becomes moot and academic when there is no more actual controversy between the parties
or no useful purpose can be served in passing upon the merits. (Enrile vs Senate Electoral Tribunal)
 c) Political question doctrine
Political questions refer to those questions, (1) which under the Constitution, are to be decided by the
people in their sovereign capacity, or (2) in regard to which full discretionary authority has been
delegated to the legislative or executive branch of government. Corollary to this, political questions
are concerned with issues dependent upon the wisdom, not the legality of a particular act or measure
being assailed.

B. Safeguards of Judicial Independence

To maintain the independence of the Judiciary the following safeguards have been embodied in the
Constitution:

1) The Supreme Court is a constitutional body. It cannot be abolished nor may its membership or the
manner of its meeting be changed by mere legislation.
2) The members of the Supreme Court may not be removed except by impeachment.
3) The Supreme Court may not be deprived of its minimum original and appellate jurisdiction as
prescribed in Article VIII Sec. 5 of the Constitution.
4) The appellate jurisdiction of the Supreme Court may not be increased by law without its advice and
concurrence.
5) Appointees to the judiciary are now nominated by the Judicial and Bar Council and no longer
subject confirmation by the Commission on Appointments.
6) The Supreme Court now has administrative supervision over all lower courts and their personnel.
7) The Supreme Court has exclusive power to discipline judges of lower courts.
8) The members of the Supreme Court and all lower courts have security of tenure, which cannot be
undermined by a law reorganizing the judiciary.
9) They shall not be designated to any agency performing quasi-judicial or administrative functions.
10) The salaries of judges may not be reduced during their continuance in office.
11) The judiciary shall enjoy fiscal autonomy.
12) The Supreme Court alone may initiate rules of court.
13) Only the Supreme Court may order the temporary detail of judges.
14) The Supreme Court can appoint all officials and employees of the judiciary.

C. Judicial Restraint
Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of
their own power. It asserts that judges should hesitate to strike down laws unless they are obviously
unconstitutional

D. Appointments to the Judiciary

Sec. 9: “ Members of the Supreme Court shall be appointed by the President from a list of at least
three nominees prepared by the Judicial and Bar Council for every vacancy . Such appointments need
no confirmation.”

“ For lower courts the President shall issue the appointments within ninety days from the submission
of the list.”

Sec. 7: “ 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
forty years of age, and must have been for fifteen years or more a judge of a lower court or engaged
in the practice of law in the Philippines.”

E. Supreme Court
1. En Banc and division cases
 Sec. 4: par 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 o9peration 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.”

Par 3. “ Cases 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 three 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 enbanc or in divisions may be modified
or reversed except by the court sitting en banc.”

2. Procedural rule-making
Par 5. “ (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.”

3. Administrative supervision over lower courts

Sec. 6 “The Supreme Court shall have administrative supervision over all courts

4. Original and appellate jurisdiction

Original – Exercise original jurisdiction over cases affecting ambassadors other public ministers and
consuls and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.”

Appellate jurisdiction –
(2) Review, revise, reverse, modify, or affirm on appeal or certiorari as the law or 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 troll, or any penalty imposed in
relation thereto.
(c) All cases in which the jurisdiction of any lower court is an issue.
(d) All criminal cases in which the penalty is imposed is reclusion perpetua or higher.
(e) All cases in which only an error or question of law is involved.

F. Judicial Privilege
Judicial Privilege refers to the privilege protecting any statement made in the course of and with
reference to a judicial proceeding by any judge, juror, party, witness, or advocate. This privilege is
also referred to as courtroom privilege.
However, this privilege is not absolute, but applies only where: (1) the statements involved were
made during the course of judicial proceedings; and (2) they were relevant to the subject of inquiry.

VI. Constitutional Commissions

A. Constitutional safeguards to ensure independence of commissions
1. They are constitutionally created and may not be abolished by statute.
2. Each is expressly described as “independent”
 3. Each is conferred certain powers and functions which cannot be reduced by statute;
4. The Chairmen and members cannot be removed except by impeachment
5. The Chairmen and members are given a fairly long term of office of 7 years;
6. The Chairmen and members may not be reappointed or appointed in an acting capacity;
7. The salaries of the Chairmen and members are relatively high and may not be decreased
during their continuance of office (Sec. 3)
8. The Commissions enjoy fiscal autonomy (Sec.5)
9. Each Commission may promulgate its own procedural rules, provided they do not
diminish, increase, or modify substantive rights (though subject to disapproval by the
SC) (Sec. 6)
10.The Chairmen and members are subject to certain disqualifications calculated to
strengthen their integrity;
11.The Commissions may appoint their own officials and employees in accordance with
Civil Service Law (Sec.4 )

B. Powers and functions of each commission

CIVIL SERVICE COMMISSION (CSC)
The central personnel agency of the Government. The commission 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.

COMMISSION ON ELECTIONS (COMELEC)

1. Enforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall.

2. 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. 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. 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.

5. 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. 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. 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. 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. Submit to the President and the Congress, a comprehensive report on the conduct of
each election, plebiscite, initiative, referendum, or recall.

COMMISSION ON AUDIT (COA)

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.

C. Prohibited offices and interests

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, may 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.
(Sec. 2)

D. Jurisdiction of each constitutional commission

(Same in powers and function)

E. Review of final orders, resolutions and decisions

1. Rendered in the exercise of quasi-judicial functions
2. Rendered in the exercise of administrative functions