CONSTITUTIONAL LAW 1
THE 1987 CONSTITUTION
(took effect on Feb. 2, 1987 by a Constitutional
Commission, Pres. Corazon C. Aquino)
CONSTITUTION. a written instrument by which the
fundamental powers of the government are
established, limited and defined, and by which these
powers are distributed among several departments,
for their safe and useful exercise, for the benefit of
the body politic
SOCIAL CONTRACT. the Constitution is a social
contract wherewith the people surrendered their
sovereign powers to the state for the common good.
The social covenant becomes effective upon
ratification by the people of the Constitution.
CONSTITUTIONAL SUPREMACY. if a lower
contract promulgated by the legislative or by the
executive brands or entered into by private persons
violates any norm of the Constitution, that law or
contract is null and void.
ESSENTIAL PARTS:
• Constitution of Liberty (Art III, 1987
Constitution)
• Constitution of Government (Arts VI, VII, &
VIII, 1987 Constitution)
• Constitution of Sovereignty (Art XVII, 1987
Constitution)
CONSTITUTIONAL LAW. body of rules from the
interpretation by a high court of cases which the
validity, in relation to the constitutional instrument, of
some governmental power has been challenged
CONSTITTUTIONAL SUPREMACY
DOCTRINE OF CONSTITUTIONAL SUPREMACY.
if a law or contract violates the norm of the
Constitution, that law or contract, whether
promulgated by the legislative or executive branch
or entered into by private persons for private
purposes, is null and void and without any force and
effect
HORNBOOK DOCTRINE. neither the legislative,
the executive nor the judiciary has the power to act
beyond the Constitution’s mandate
➢ Constitution prevails over ordinary laws.
➢ As between the letter of the Constitution and the
interpretation of the Supreme Court, the latter
prevails.
➢ Constitutional law is superior to a constitutional
provision
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
an democracy under the rule of law, and a regime
of truth, justice, freedom, love, equality and
peace, do ordain and promulgate this
Constitution.
 Sets the origin, scope and purposes of the
Constitution
 Useful in ascertaining ambiguous provisions
of the Constitution
 Important part of the 1987 Constitution but
not indispensable
 In the “aid of Almighty God”, it did not exclude
the Filipino people of non-believers
 Cannot be the basis of a right or obligation
ARTICLE I. NATIONAL TERRITORY
Sec. 1 The national territory comprises the
Philippine Archipelago, with all the islands
and waters embraced therin, and all other
territories, consisting of its terrestrial, fluvial,
an aerial domains, including its territorial
seas, 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, from part of the
internal waters of the Philippines.
Points of Reference:
1. Treaty of Paris –US & Spain (Dec. 10, 1890)
2. Treaty of Washington – US & Spain (Nov. 7,
1900)
3. Treaty between US & GB (Jan. 2, 1930)
4. “All territory which the present Government
of the Philippine Islands exercises
jurisdiction”
Archipelago. unit of water studded with islands.

Group of islands, including parts of islands,
interconnecting waters and other natural features
which are closely interrelated that such islands
waters and other natural features which are so
closely interrelated that such islands, waters and
other natural features form an intrinsic geographical,
economic and political entity, or which historically
have been regarded as such
Archipelagic Principle. “the waters around,
between, and connecting the islands of the
archipelago, irrespective of their breadth and
dimensions, form part of the internal waters of the
Philippines”
Archipelagic State. a State constituted wholly by
one or more archipelagos and may include other
islands
Municipal Law. international law, the Philippine
Constitution is a municipal law with binding effects
only within its territorial jurisdiction (Art. I – to know
the extent of its sovereign)
Baseline.
 the low water line along the coast as marked
on large scale charts officially recognized by
the coastal State where width of territorial
sea is measured from
 maximum of 125mm
 conforming to archipelago’s general
configuration
 other state’s territorial sea must not be cut off
 (equidistance rule – the dividing line is a
median line equidistant from the opposite
baseline)
Normal baseline method.
 one drawing baseline
 follows the sinousities of the coast; do not
consist straight lines
 most favorable of the coastal states and
clearly shows the character of territorial
waters appurtenant to the land territory
Straight baseline. connecting selected points on
the coast without appreciable departure from the
general shape of the coast (RA 306 & RA 5446)
Maritime Zone
Territorial Sea/Waters
- consists of a marginal belt of maritime waters
adjacent to the baselines extending 12nn
outward (12mm from baseline)
- subject to right innocent passage (passage
not prejudicial to the interests of the coastal
state nor contrary to recognized principles of
international law)
- high seas – outside territorial sea
Internal/Inland Waters
- all parts of the sea landwards from the
baseline as well as inland rivers and lakes
- not subject to right of innocent passage by
other states
Insular Shelf
- (Continental shelf, archipelagic/insular shelf
for archipelago:
A. Seabed and subsoil of the submarine
areas adjacent to the coastal state but
outside the territorial sea, to a depth of
200m, or beyond that limit to where depth
allows exploitation
B. Seabed and subsoil adjacent to islands
coastal state has the right to explore and
exploit natural resources, to erect
installations needed, and to erect safety
zones over its installations with a radius
of 500m
Continental Shelf
- Extend to the outer edge of the continental
margin, or to a distance of 200mm
- Exclusively belong to use of State
Contiguous Zone
- 24nm from the baselines; jurisdiction where
we can enforce customs, fiscal, immigration
ad sanitation laws
Exclusive Economic Zone
- 200nmfrom the baselines where we can
have the right to exploit the living and non-
living resources
Philippines vs China
 - UNCLOS superseded any Chinese
historic/sovereign rights with respect to the
maritime areas of the South China Sea
encompassed by the Chinese “nine-dash
line”, in excess of the limits imposed therein
by UNCLOS.
- Subi Reef, Gaven Reef (South), Hughes
Reef, Mischief Reef, and Second Thomas
Shoal, are low-tide elevations (LTEs). They
do not constitute fully entitled islands which
have the capacity to generate entitlement to
EEZ.
- Scarborough Shoal, Gaven Reef (North), Mc
Kennan Reef, Johnson Reef, Cuarteron
Reef, and Fiery Cross Reef, in their national
condition, are rocks that cannot sustain
human habitation or economic life of their
own.
- None of the high-tide features in the Spratly
Islands, in their natural condition, are
capable of sustaining human habitation ore
economic life of their own within the meaning
of Article 121(3) of the Convention.
- Does China have overlapping entitlements to
an EEZ or continental shelf in the areas of
Mischief Reef or Second Thomas Shoal?
o No. Mischief Reef and Second
Thomas Shoal are within the PH EEZ
and continental shelf.
- Who has better right over the fishing grounds
of Scarborough Shoal: Chinese fishermen or
Filipino fishermen?
o Scarborough Shoal has been a
traditional fishing ground for
fishermen of many nationalities.
ARTICLE II DECLARATION OF PRINCIPLES AND
STATE POLICIES
Principles. Binding rules which must be observed in
the conduct of government.
Policies. Guideline for the orientation of the
State(elements: People, Government, Territory,
Sovereignty)
Manila Prince Hotel v. GSIS: All provisions of the
Constitution is presumed to be self-executing,
because to treat them as requiring legislation would
result to giving the legislature “the power to ignore
and practically nullify the mandate of the
fundamental law”. (Syllabus, p. 14)
Enabling provision
 A constitutional provision which lays down a
general principle, such as those found in
Article 2.
 Requires a law to be enacted
 Congress cannot be compelled to enact laws
and, in turn, they cannot enact laws in
violation of the Constitution
o Remedy of the People: by the ballot
o Same rule applies to the President
Self-executing provision
 A provision which is complete in itself and
becomes operative without the aid of
supplementary or enabling legislation, such
as those found in article iii, is self-executory.
STATE PRINCIPLES
Sec. 1: The Philippines is a democratic and
republican state. Sovereignty resides in the
people and government authority emanates
from them.
How is the Philippines a Democratic and a
Republican state?
 Democratic state. One wherein the people
themselves collectively exercise, perform
and discharge the sovereign functions of the
government. The Philippines has a people’s
initiative and referendum (Sec 32, Art. VI).
 Republican state. A representative type of
government. Filipinos of age have the
power/right to elect.
What is a State?
 Community of persons, more or less
numerous (PEOPLE), permanently
occupying a definite portion of territory
(TERRITORY), independent of external
control (GOVERNMENT), and possessing
an organized government to which the great
body inhabitants render habitual obedience
(SOVEREIGNTY).
o Its size and number of people must
correlate to some extend so it can
operate as a State.
What are the constituent and ministrant
functions of the government? (Bernas, p. 44)
  Constituent-compulsory functions which
constitute the very bonds of society
 Ministrant-optional functions of gov’t
intended for achieving a better life for the
community
Sovereignty. The right to exercise the functions of
a State to the exclusion of any other State.
Cruz v. Secretary: Dominion or dominium (as
opposed to sovereignty). The capacity of the State
to own or acquire such lands and natural resources.
Sec. 2: The Philippines renounces was 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. (SELF-EXECUTING)
Does the 1987 Constitution prohibit the
Philippines from going into war?
 It only renounces wars of aggression. The
power to wage a defensive war is basic and
essential for the state. (Bernas, p. 60)
Does the Philippines accept generally accepted
principles of international laws?
 Yes. The Philippines only adopts the
generally accepted principles of international
law by making it part of the law of the land
through the doctrine of incorporation.
o Under the Doctrine of
Incorporation, rules of international
laws are given a standing equal, not
superior, to national laws. It applies
only to customary law and treaties
which have become part of
customary law (those that don’t need
ratification). (Bernas, p. 61)
Jus cogens norms (Latin, in relation to everyone) in
international law has been used as a legal term
describing obligations owed by States towards the
community of states as a whole.
Erga omnes obligations (international law concept,
compelling law) refers to norms that command
peremptory authority, superseding conflicting
treaties and custom.
AC: Saguisag vs. Ochoa, G.R. No. 212426, etc.,
Jan. 12, 2016:
For allowing the U.S a rent-free access and use of
Philippine bases and other “agreed locations”
around the country by the U.S troops and its
vessels and with authority to construct facilities
threat and to preposition and store defense
equipment, supplies, and materials at these
Philippine bases and other “agreed locations”, is
EDCA consistent with the content, purpose, and
framework of the MDT and the VFA and not
violate of Philippine sovereignty?
Ruling: Yes. Enhanced Defense Cooperation
Agreement (EDCA) is consistent with the content,
purpose, and framework of the MDT and FVA and
not violative of Philippine Sovereignty. EDCA is
not constitutionally infirm. As an executive
agreement, it remains consistent with existing
laws and treaties that it purports to implement.
The EDCA allows the use of Philippine bases and
other "agreed locations" around the country for the
U.S troops regardless of what the reason for the
allowance is, be it non-combat activities or borne
out of military necessity. The Court's
jurisprudence established in certain terms that
non-combat activities (as opposed to actual
combat) were allowed under the MDT and VFA.
The EDCA also allows the temporary stationing of
U.S. military personnel in constructed physical
locations with permanent facilities just like how the
VFA allowed construction of facilities for the
benefit of U.S. forces during their visits. And just
like the VFA, EDCA also allows the prepositioning
military materiel.
Sec. 3: Civilian authority is, at all times,
supreme 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. (SELF-EXECUTING)
If the AFP is the protector of the people and the
State, does PNP have the same mandate?
 No. The PNP is not part of the AFP. It is
civilian in character (not military) but national
in scope even if they carry firearms.
As the “protector of the people and the state” is
the AFP authorized to topple a corrupt and
ineffective government?
 No. It has to start with the people, by the
ballot.
  Congress enacted R.A. No. 6968 An Act
Punishing the Crime of Coup d’ etat
Sec. 4: 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 the conditions provided by
law, to render personal military or civil service.
(ENABLING)
Can the government compel its citizens to serve in
military?
 Qualify. All citizens may be required to
render personal, military, or civil service. This
is a consequence of the government’s duty
to protect its people.
 Exception: Discretion is implied upon the
Congress by the phrase “provided by law
o Conscientious objectors are allowed
Note: Includes citizens who have retired from
military service (Parreño vs COA)
Defense of the State
 The right of the government to require
compulsory military service is a prejudice other religious.
consequence of its duty to defend the State
and its people.
 But discretion is implied by the following
phraseology: “may call upon” and “may be
required.”
Sec. 5: The maintenance of peace and order,
the protection of life, liberty and property, and
promotion of general welfare are essential for
the enjoyment by all the people of the
blessings of democracy. (ENABLING)
Blessings of Democracy
Maintenance of Peace and Order
- Protection
- Promotion of common good/general welfare
- Hierarchy of rights: (1) life, (2) liberty, (3)
property
Sec. 6: The separation of the Church and State
shall be inviolable. (SELF-EXECUTING)
What is the significance of the separation of the
church and state?
 The principle of separation of Church and
State is based on mutual respect: the State
cannot meddle in the internal affairs of the
church nor favor one religion and
discriminate against another; while the
church cannot impose its beliefs and
convictions on the State and the rest of the
citizenry nor demand that the nation follow its
beliefs, even if it sincerely believes that they
are good for the country. (Imbong vs Ochoa)
AC: Re: Letter of Valenciano, A.M. No. 10-4-19-
SC, March 7,2017:
Does the holding of masses at the basement of
the Quezon city hall of justice violate the
constitutional principle of separation of church and
state?
Ruling: No. Holding masses at the City Hall
merely constitutes accommodation. It is not
mandated to attend the mass and it is at their own
volition to profess their faith in any form.
Furthermore, no public resource was spent for the
purpose of spreading the Catholic faith as the
building stays operational during such mass.
Therefore, the City Hall of Justice was no
converted to a Catholic Chapel and does not
AC: Imbong vs. Ochoa, 204819, April 8, 2014:
Does R.A. No. 10354, “The Responsible
Parenthood and Reproductive Health Act of 2012,
violate the principle of separation of the church
and the state?
Ruling: No. The principle of separation of Church
and State is enshrined in Article II, Section 6 of
1987 Constitution which states that the separation
of the Church and State shall be inviolable.
Generally, the State cannot meddle in the internal
affairs of the church, much less question its faith
and dogmas or dictate upon it. On the other hand,
the church cannot impose its beliefs and
convictions on the State and the rest of the
citizenry.
STATE POLICIES
Sec. 7: The State shall pursue an independent
foreign policy. In its relations with other
states, the paramount consideration shall be
national sovereignty, territorial integrity,
national interest, and the right to self-
determination. (ENABLING)
What are some important independent and foreign
policies of the Philippines?
 Three pillars (R.A. No. 7157, Ph Foreign
Service Act of 1991. Overseas Filipino will
continue to be recognized for their crucial
role in the country’s economic and social
stability)
o Preservation and enhancement of
national security
o Protection of the rights and promotion of
the welfare of overseas Filipino
o Promotion and attainment of economic
security
 Visiting Forces Agreement
o Is the instrument agreed upon to provide
for the joint RP-US military exercises
o Is simply an implementing agreement to
the main RP-US Military Defense Treaty
 Balikatan Exercises (aka Joint RP-US
military exercises)
o For the purpose of developing of
developing the capability to resist an
armed attack fall squarely under the
provisions of the RP-US Mutual Defense
Treaty.
International agreements need not only be in the
form of a treaty or an executive agreement, unless
the Constitution or a statute requires otherwise.
Sec. 8: The Philippines, consistent with the
national interest, adopts and pursues a policy
of freedom from nuclear weapons in its
territory. (ENABLING)
Nuclear Free Philippines
“consistent with national interest” = “subject to
national interest”
- Ban is only on nuclear arms – that is, the use
and stockpiling of nuclear weapons, devices,
and parts thereof. This includes not only
possessing, controlling and manufacturing
nuclear weapons, but also nuclear tests in
our territory, as well as the use of our territory
as dumping ground for radioactive wastes.
- It is not a ban on the peaceful use of nuclear
energy. Nor is it a bann on all “nuclear-
capable vessels”
Is there customary or conventional international
law specifically authorizing the threat or use of
nuclear weapons?
 No. There is neither customary or
conventional int’l law specifically authorizing
nor prohibiting the threat or use of nuclear
weapons.
Can nuclear arms be resorted to in self-defense?
 The entitlement to resort to self-defense is
subject to the conditions of necessity and
proportionality. The proportionality principle
may thus not in itself exclude the use of
nuclear weapons in self-defense in all
circumstances.
Is this also a ban for peaceful uses of nuclear
energy? (Bernas, p. 73)
 No. It is not. Nor is it a ban on all “nuclear-
capable vessels”. For a vessel to be banned,
it is not enough that it is capable of carrying
nuclear arms; it must actually carry nuclear
arms.
 Commissioner Azcuna further states that the
ban covers possession, controlling and
manufacturing nuclear weapons. It bans
nuclear tests and dumping radioactive
wastes in the Philippine territory.
AC: Saguisag vs. Ochoa, G.R. No. 212426, etc.,
Jan. 12, 2016:
For allowing nuclear weapons in the Philippines,
is EDCA invalid and unconstitutional?
Ruling: No. The charge that EDCA allows nuclear
weapons within the Philippine territory is entirely
speculative. The agreement in fact specifies that
the prepositioned materiel shall not include
nuclear weapons. The general prohibition on
nuclear weapons, whether prepositioned or not, is
already expressed in the 1987 Constitution. It
would be unnecessary or superfluous to include
already in the Constitution or in the law through a
document like the EDCA.
Sec. 9: The State shall promote a just and
dynamic social order that will ensure the
prosperity and independence of the nation and
free the people from poverty through policies
that provide adequate social services,
promote full employment, a rising standard of
living, and an improved quality of life for all.
(ENABLING)
Sec. 10: The State shall promote justice in all
phases of national development. (ENABLING)
What is the difference between Social Order and
Social Justice?
 Social order (Sec. 9) ensures the prosperity
and independence of the nation and free the
people from the poverty through policies that
provide adequate social services, promote full
employment, a rising standard of living, and an
improved quality of life for all.
 Social justice (Sec. 10) covers all phases of
national development but with emphasis not just
on the socio-economic but also on political and
cultural inequities.
o It allows the law to bend over backward to
accommodate the interests of the working
class on the humane justification that those
with less privilege in life should have more in
law (Mary’s Academy vs Palacio).
o But it does not countenance wrongdoing
simply because it is committed by the
underprivileged, only mitigates the penalty at
best (ISM vs ISAE, G.R. No. 167286)
 Rule of thumb:
o In case of doubt in the interpretation of the
law, it should be interpreted in favor of the
poor as against rich.
o However, social justice should be used only
to correct an injustice.
o To the rich and poor alike, dura lex sed lex
(Latin, the law is harsh but it is the law)
AC: Int’l. School Manila vs. ISEA, G.R. No.
167286, Feb. 5, 2014:
Shall separation pay be allowed as a measure of
social justice to all employees who have been
dismissed?
Ruling: It depends. The court recognized Santos’
gross and habitual neglect as serious misconduct,
which is a ground for dismissal as stated in Article
282 of the Labor Code. This court ruled that the
lower court erred in finding that the respondent
was illegally dismissed. Furthermore, on the topic
of separation pay, the court holds that separation
pay shall be allowed as a measure of social justice
for causes other than serious misconduct or those
reflecting on the employee’s moral character.
Those who invoke social justice may do so only if
their hands are clean and their motives blameless
and not simply because they happen to be
underprivileged. Therefore, Santos will only be
entitled to separation pay in view of the length of
her service with the School prior to the events that
led to the termination of her employment.
Sec. 11: The State values the dignity of every
human person and guarantees full respect for
human rights. (ENABLING)
 Maria Clara Doctrine-natural instinct to
protect their honor.
Note: Further explained in Bill of Rights and human
rights provision of Article XIII.
Sec. 12: The State recognizes the sanctity of
family life and shall protect and strengthen the
family as a basic autonomous social
institution. It shall equally protect the life of
the mother and the life of the unborn from
conception. The natural and primary right and
duty of the parents in the rearing of the youth
for civic efficiency and the development of
moral character shall receive the support of
the Government. (ENABLING)
 State acts as parens patriae to aid parents in the
moral dev’t of the youth and their important role
in nation-building.
 Everything that prevents fertilization is not
prohibited.
Abortifacient. Any drug or device that either:
- Induces abortion
- Induces the destruction of a fetus inside the
mother’s womb
- Prevents the fertilized ovum to reach and be
implanted in the mother’s womb
AC: Imbong vs. Ochoa, G.R.No. 204819, April 8,
2014:
Does R.A. No. 10354, “The Responsible
Parenthood and Reproductive Health Act of 2012,
violate the constitutional right to life of the unborn?
Ruling: No. The RH Law specifically and
expressly prohibits drugs or devices which induce
abortion and any drug or device which will sever
the fetus from the womb of the mother. It also
expressly provides that the contraceptives
allowed are those that prevent the egg cell and the
sperm cell from meeting, which is in line with
Section 12, Article II. Since life begins at
fertilization, when the egg cell and sperm cell
meet, there is no life to protect yet.
Sec. 13: The State recognizes the vital role of
the youth in nation-building and shall promote
and protect their physical, moral, spiritual,
intellectual and social wellbeing. It shall
inculcate in the youth patriotism and
nationalism, and encourage their involvement
in public and civic affairs. (ENABLING)
Sec. 14 The State recognizes the role of
women in nation-building, and shall ensure
the fundamental equality before the law of
women and men. (ENABLING)
 Intention was not to advocate absolute
sameness because there are obvious biological
differences between men and women
AC: Cadiz vs. Brent Hospital and Colleges, G.R.
No. 187417, February 24, 2016:
Is the condition imposed on Cadiz by Brent
Hospital and Colleges that “she subsequently
contract marriage with her then boyfriend for her
to be reinstated” in consonance with “the policy
against encouraging illicit or common-law
relations that would subvert the sacrament of
marriage”?
Ruling: No. There is no rhyme or reason for it. It
forces Cadiz to marry for economic reasons and
deprives her of the freedom to choose her status,
which is a privilege that inheres in her as an
intangible and inalienable right as stated in R.A.
No. 9710, Magna Carta of Women, that protects
her against discrimination in all matters relating to
marriage and family relations. The condition,
therefore, to contract a marriage to be reinstated
is coercive, oppressive and discriminatory. So the
court cannot uphold the validity of the condition.
AC: Garcia vs. Drilon, G.R. No. 179267, June 25,
2013:
Is R.A. 9262, An Act Defining Violence Against
Women and Their Children, violative of
fundamental equality between men and women?
Ruling: No. The guaranty of equal protection of
the laws is not a guaranty of equality in the
application of the laws upon all citizens of the
state. In fact, the Constitution does not require that
thing which are different in fact be treated in law
as though they were the same. The equal
- The objective is to simply prohibit foreign powers
protection clause does not forbid discrimination as
to things that are different. Therefore, it does not
prohibit legislation which is limited either in the
object to which it is directed or by the territory
within which it is to operate.
Sec. 15: The State shall protect and promote
the right to health of the people and instill
health consciousness among them. (SELF-
EXECUTING)
AC: Imbong vs. Ochoa, No. 204819, April 8, 2014:
Does R.A. No. 10354, “The Responsible
Parenthood and Reproductive Health Act of 2012,
violate the constitutional right to health and the
right to protection against hazardous products?
Ruling: No. R.A. No 10354 includes the use of
contraceptives and drugs that are expressly
approved by the FDA as safe and not harmful to
the body. It further says that drugs and
contraceptives that are abortifacient are not
allowed. The provisions of the law also say that
both spouses can decided which of the many
modern family planning methods to engage in.
Therefore, it is not restrictive.
Sec. 16: The State shall protect and advance
the right of the people to a balanced and
healthful ecology in accord with the rhythm
and harmony of nature. (SELF-EXECUTING)
 The right to a balanced and healthful ecology
carries with it the correlative duty to refrain from
impairing the environment (Laguna Lake Dev.
Authority vs CA)
Sec. 17: The State shall give priority to
education, science and technology, arts,
culture, and sports to foster patriotism and
nationalism, accelerate social progress, and
promote total human liberation and
development. (ENABLING)
Sec. 18: The State affirms labor as a primary
social economic force. It shall protect the
rights of workers and promote their welfare.
(ENABLING)
Sec. 19: The state shall develop a self-reliant
and independent national economy effectively
controlled by Filipinos. (ENABLING)
or interests from maneuvering our economic
policies and ensure that Filipinos are given
preference in all areas of development.
Sec. 20: The State recognizes the
indispensable role of the private sector,
encourages private enterprise, and provides
 incentives to needed investments.
(ENABLING)
Sec. 21: The State shall promote a
comprehensive rural development and
agrarian reform. (ENABLING)
 Rural development is not just agricultural
development but rather it encompasses a broad
spectrum of social, economic, human, cultural,
political and even industrial development.
Sec. 22: The State recognizes and promotes
the rights of indigenous cultural communities
within the framework of national unity and
development. (ENABLING)
Sec. 23: The State shall encourage non-
governmental, community-based, or sectoral
organizations that promote the welfare of the
nation. (ENABLING)
 Volunteerism and participation of non-
governmental organizations in national
development should be encouraged.
Sec. 24: The State recognizes the vital role of
communication and information in nation-
building. (ENABLING)
Sec. 25: The State shall ensure the autonomy
of local governments. (ENABLING)
Principle of local autonomy. Means
decentralization, autonomous in the sense that it is
given more powers, authority, responsibilities and
resources thereby enabling them to develop in their
own pace, discretion, resources and assets, which
is in contrary to before when powers were highly
concentrated in Manila (Alvarez vs Guingona).
Principle of local fiscal autonomy. The power of
LGUs to create their own sources of revenue in
addition to their equitable share in the national taxes
released by the national government, as well as the
power to allocate their resources in accordance with
their own priorities. It extends to the preparation of
their budgets, and local officials in turn have to work
within the constraints thereof (Pimentel vs Aguirre).
AC: FDCP vs. Colon Heritage, G.R. No. 203754,
June 16, 2015:
Are Secs. 13 and 14 of RA 9167 invalid for being
unconstitutional and violate of local fiscal
autonomy?
Ruling: Yes. Section 5, Article XI of the 1973
Constitution gave LGUs the "power to create its
own sources of revenue and to levy taxes, subject
to such limitations as may be provided by law.''
This authority was further strengthened in the
1987 Constitution, through the inclusion in
Section5, Article X thereof of the condition that "
such taxes, fees, and charges shall accrue
exclusively to local governments." In the case at
bar, through the application and enforcement of
Sec. 14 of RA 9167, the income from the
amusement taxes levied by the covered LGUs did
not and will under no circumstance accrue to
them, not even partially, despite being the taxing
authority therefor.
AC: Alta Vista Golf and Country Club vs. Cebu
City, G.R. No. 180235. Jan. 20, 2016:
Is section 42 of the Revised Omnibus Tax
Ordinance, as amended imposing amusement tax
on golf courses within the authority Of Cebu City
to enact under the Local Government Code?
Ruling: No. A golf course cannot be considered a
place of amusement. As petitioner asserted,
people do not enter a golf course to see or view a
show or performance. Petitioner also, as
proprietor or operator of the golf course, does not
actively display, stage, or present a show or
performance. People go to a golf course to
engage themselves in a physical sport activity,
i.e., to play golf; the same reason why people go
to a gym or court to play badminton or tennis or to
a shooting range for target practice, yet there is no
showing herein that such gym, court, or shooting
range is similarly considered an amusement place
subject to amusement tax. There is no basis for
singling out golf courses for amusement tax
purposes from other places where people go to
play sports. This is in contravention of one of the
fundamental principles of local taxation: that the
"[t]axation shall be uniform in each local
government unit.
Sec. 26: The State shall guarantee equal
access to opportunities for public service and
prohibit political dynasties as may be defined
by law. (ENABLING)
Sec. 27: The State shall maintain honesty and
integrity in the public service and take positive
 and effective measures against graft and
corruption. (ENABLING)
Sec. 28: Subject to reasonable conditions
prescribed by law, the State adopts and
implements a policy of full public disclosure of
all its transactions involving public interest.
(ENABLING)
 Right of access to information on matters of
public concern (Bill of Rights)
 The right to information guarantees the right of
people to demand information; this provision
recognizes the duty of officialdom to give
information even if nobody demands.
AC: Sereno vs. Committee on Trade and Related
Matters, G.R. No. 175210, Feb. 2016:
Whether or not the CTRM may be compelled by
mandamus to furnish the petitioner with a copy of
the minutes of the May 23, 2005 meeting based
on the constitutional right to information on
matters of public concern and State’s policy of full
public disclosure?
Ruling: No. Two requisites must concur before
the right to information may be compelled by writ
of mandamus. Firstly, the information sought must
be in relation to matters of public concern or public
interest. And, secondly, it must not be exempt by
law from the operation of the constitutional
guarantee. The position of the petrochemical
industry as an essential contributor to the overall
growth of our country’s economy easily makes the
information sought a matter of public concern or
interest. But in Chavez v. Public Estates Authority,
the Court has ruled that the right to information
does not extend to matters acknowledged as
"privileged information under the separation of
powers," which include "Presidential
conversations, correspondences, or discussions
during closed-door Cabinet meetings."
ARTICLE VI: THE LEGISLATIVE DEPARTMENT
Section 1. 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 on initiative and
referendum.
Nature of Legislative Power
Legislative power. The authority to make laws and
to alter and repeal them. Otherwise stated, it is the
power or competence of the legislature to enact,
ordain alter or modify.
Informing Function. Power of the Congress, when
it investigates, is either in aid of legislation or by way
of oversight. What appears to have been forgotten is
an equally important and fundamental power and
duty of Congress and that is its informing function by
way of investigating for the purpose of enlightening
the electorate. (ABADA vs. PURISIMA)
Limits on Legislative Power. The legislative power
is subject to substantive and procedural limitations
- Substantive limitations - circumscribe both the
exercise of the power itself and the allowable
subjects of legislation. Chiefly found in the Bill of
Rights
- Procedural limitations – prescribing the manner of
passing bills and the form they should take
Initiative and Referendum. The power of the
people directly to “propose and enact laws or
approve or reject any act or law or part thereof
passed by Congress or local legislative body.
Purpose: To institutionalize “people power” by
providing for an instrument which can be used
should the legislative show itself indifferent to the
needs of the people.
Can Congress give to the President veto power
over laws passed through initiative and
referendum?
The President can have a role in “initiative
and referendum” only if given a role by law.
Separation of Powers. In essence means that
legislation belongs to Congress, execution to the
executive, settlement of legal controversies to the
judiciary. Each is prevented from invading the
domain of the others. The separation is not total. The
system allows for “checks and balances”
- Legislative: enact, amend, or repeal laws
- Executive: enforce and execute laws
- Judicial: interpret the laws when challenged
Checks and Balance. As an adjunct to, and
consequence of, the principle of separation of
powers, “checks and balance” serves as a
mechanism for one branch of government to
examine the other branch without necessarily
invading the domain of others.
- Legislative: enact, amend or repeal laws
- Executive: vetoes the laws
- Judicial: declares the laws unconstitutional
Purpose of separation of powers and “checks
and balances” – to prevent concentration of powers
in one department and thereby to avoid tyranny.
New Modality: Checks and Balance
- Legislative: enact GAA and SAA
- Executive: approves GAA or SAA &
disburse
- Constitutional Commission: (COA)
suspends or disallows
- Judicial: convicts for an election offense
- Executive: pardons the convict
- Constitutional Commission: (COMELEC)
unfavorable recommendation
Blending of Powers. In essence, blending of
powers is the confluence of the exercise of two (2)
or more powers of the three (3) branches of
government to bring about an institutional mandate
or to complete a constitutional process.
- Congress enacts a law + President signs a
law = Republic Act
- President enters into Treaty + Senate
concurs = Binding Treaty
- President nominates presidential appointees
+ Commission on Appointment confirms =
Presidential Appointment
Delegation of Powers.
General rule. Delegata potestas non potest delegari
(Delegated power can not be re-delegated)
Exception. The legislative branch of government for
purposes of expediency
 Delegation of emergency power to the
President
 Delegation of tariff power to the President
 Delegation to the people-at-large (Sec. 32,
Art. VI)
 Delegation to local government (Art. X)
 Delegation to administrative bodies
The statute making the delegation must be:
(1) Complete in itself (it must set forth the policy
to be carried out or implemented); and
(2) Fix a standard (the limits of which are
sufficiently determinable) to which the
delegate must conform.
AC: Belgica vs. Alcantara, G.R. No. 208566, etc.,
November 19, 2013
Are these measures violative of the non-
delegability of legislative functions?
Ruling: No, they are null and void. The clear,
unambiguous, and unequivocal use of “may” in
Art. 176 rendering the use of an illegitimate
father’s surname discretionary controls, and
illegitimate children are given the choice on the
surnames by which they will be known. The use of
the word “shall” in the IRR of RA 9255 is of no
moment.
THE SENATE
Section 2. The Senate shall be composed of
twenty-four Senators who shall be elected at
large by the qualified voters of the Philippines,
as may be provided by law.
Section 3. No person shall be a Senator unless
he is a natural-born citizen of the Philippines
and, on the day of the election, is at least
thirty-five years of age, able to read and write,
a registered voter, and a resident of the
Philippines for not less than two years
immediately preceding the day of the election.
Section 4. The term of office of the Senators
shall be six years and shall commence, unless
otherwise provided by law, at noon on the
thirtieth day of June next following their
election. No Senator shall serve for more than
two consecutive terms. Voluntary
renunciation of the office for any length of time
shall not be considered as an interruption in
the continuity of his service for the full term of
which he was elected
Section 5. (1) The House of Representatives
shall be composed of not more than two
hundred and fifty members, unless otherwise
fixed by law, who shall be elected from
legislative districts apportioned among the
provinces, cities, and the Metropolitan Manila
area in accordance with the number of their
respective inhabitants, and on the basis of a
uniform and progressive ratio, and those who,
as provided by law, shall be elected through a
party-list system of registered national,
regional, and sectoral parties or organizations.
(2) The party-list representatives shall
constitute twenty per centum of the total
number of representatives including those
under the party list. For three consecutive
terms after the ratification of this Constitution,
one-half of the seats allocated to party-list
representatives shall be filled, as provided by
law, by selection or election from the labor,
peasant, urban poor, indigenous cultural
communities, women, youth, and such other
sectors as may be provided by law, except the
religious sector.
(3) Each legislative district shall comprise, as
far as practicable, contiguous, compact, and
adjacent territory. Each city with a population
of at least two hundred fifty thousand, or each
province, shall have at least one
representative.
(4) Within three years following the return of
every census, the Congress shall make a
reapportionment of legislative districts based
on the standards provided in this section.
Section 6. No person shall be a Member of the
House of Representatives unless he is a
natural-born citizen of the Philippines and, on
the day of the election, is at least twenty-five
years of age, able to read and write, and,
except the party-list representatives, a
registered voter in the district in which he shall
be elected, and a resident thereof for a period
of not less than one year immediately
preceding the day of the election.
Section 7. The Members of the House of
Representatives shall be elected for a term of
three years which shall begin, unless
otherwise provided by law, at noon on the
thirtieth day of June next following their
election. No Member of the House of
Representatives shall serve for more than
three consecutive terms. Voluntary
renunciation of the office for any length of time
shall not be considered as an interruption in
the continuity of his service for the full term for
which he was elected
Section 8. Unless otherwise provided by law,
the regular election of the Senators and the
Members of the House of Representatives
shall be held on the second Monday of May.
Section 9. In case of vacancy in the Senate or
in the House of Representatives, a special
election may be called to fill such vacancy in
the manner prescribed by law, but the Senator
or Member of the House of Representatives
thus elected shall serve only for the unexpired
term.
Senator Congressman
Natural-born citizen, able to read and write
35 years of age 25 years of age
2-year residence, 1-year residence,
registered voter registered voter
6-year term up to 2 3-year term up to 3
consecutive terms consecutive terms
- The residence requirement is satisfied if one is
domiciled in the Philippines even if not
physically present in the Philippines during the
two-year period.
- The age qualification must be possessed on the
day the votes are cast.
Q: What is “gerrymandering”? Is it allowed?
A: “Gerrymandering” is the formation of one
legislative district out of separate territories for the
purpose of favouring a candidate or a party is not
allowed. The constitution says that each district
shall “comprise as far as practicable, contiguous,
compact and adjacent territory”.
AC: ATONG PAGLAUM vs COMELEC
Should national and regional parties or
organizations represent the “marginalized and
underrepresented” sectors?
Ruling: R.A. No. 7941 does not require national
and regional parties or organizations to represent
the “marginalized and underrepresented” sectors.
Must the nominees of the party-list group either
belong to the sector, or must have a track record
of advocacy for the sector represented?
Ruling: These nominees must either belong to
their respective sectors or must have a track
record of advocacy for their representative
sectors.
Can major political parties should participate in
party-list elections?
Ruling: Yes. But major political parties should
participate in party-list elections only through their
sectoral wings. Such sectoral wing of a must have
 its own constitution, by-laws, platform or program
of government, officers, and members, etc.
Without amending the Constitution:
• Can a law change the numerical composition of
Senators and Congressmen? NO, EXCEPT
HR.
• Can a law change the manner of electing
Senators and Congressmen? NO, EXCEPT PL.
• Can the qualifications of Senators and
Congressmen be changed, by law? NO,
EXCEPT PL.
• Can the terms and limits be changed, by law?
NO.
TOLENTINO vs. COMELEC
A special election for the vacancy int eh Senate or in
the House may be held on occasion of a regular
election provided that the electorate shall be
accordingly notified of such fact.
Section 10. The salaries of Senators and
Members of the House of Representatives
shall be determined by law. No increase in said
compensation shall take effect until after the
expiration of the full term of all the Members of
the Senate and the House of Representatives
approving such increase.
Section 11. A Senator or Member of the House
of Representatives shall, in all offenses
punishable by not more than six years
imprisonment, be privileged from arrest while
the Congress is in session. No Member shall
be questioned nor be held liable in any other
place for any speech or debate in the
Congress or in any committee thereof.
Initial Annual Salaries (1987):
- Senators and Congressmen: P204,000.00
- Senate President/Speaker: P240,000.00
Current Annual Salaries (2010):
- Senators and Congressmen: P420,000.00
- Senate President/Speaker: P480, 000.00
These are subject to change by law. No increase in
said compensation shall take effect until after the
expiration of the full term of ALL (including the six
year term of the Senators) the Members of the
Senate and the House of Representatives approving
such increase.
The purpose is to place a legal bar to the legislators
yielding to the natural temptation to increase their
salaries.
Privilege from Arrest
 A legislator is privileged from arrest even for a
criminal offense provided that the offense was
not punishable by a penalty of more than six
years imprisonment.
 This privilege is available only while congress is
in session. Hence it is not available while
congress is in recess
 Members of Congress NOT exempt from
detention for crime, they may be arrested, even
when the House is in session, for crimes
punishable by a penalty of more than six months
 There is no basis whatsoever for treating him or
her differently from other convicts
Parliamentary freedom of speech and debate
(AKA Parliamentary privilege of speech)
 “speech and debate” – includes utterances
made in the performance of official functions,
such as speeches delivered, statements made,
votes cast as well as bills introduced and other
acts done in the performance of his duties.
 Not essential that the Congress be in session
when the utterance was made. What is essential
is that the utterance must constitute “legislative
action” that is it must be part of the deliberative
and communicative process by which
legislators participate in committee or
congressional proceedings
Purpose of the privileges. Intended to leave the
legislator unimpeded in the performance of his
duties and free from fear of harassment from
outside.
Trillanes IV vs. Pimentel. Are the statements of
Trillanes been made in the course of the
performance of his duties as a Senator and thus
covered by his parliamentary immunity?
No, as they were made in response to media
interviews during gaps and breaks in plenary
and committee hearings in the Senate, they
fell outside the privilege of speech and
debate.
Sec. 12 All Members of the Senate and the
House of Representatives shall, upon
 assumption of office, make a full disclosure of
their financial and business interests. They
shall notify the House concerned a potential
conflict of interest that may arise from the
filing of a proposed legislation of which they
are authors.
Potential conflict of interest. A “Potential conflict
of interest” on a proposed legislation exists when the
proponent bill, his family or his company will directly
or indirectly benefit from the proposed bill if enacted
into law.
Is a legislator barred from filling a bill that may
create a potential conflict of interest?
A legislator is not prevented from filing a bill that
may create a conflict of interest. The advance
disclosure would create a favorable
presumption in his behalf.
Sec. 13 No Senator or Member of the House of
Representatives may hold any other office or
employment I 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 be appointed to any office which
may have been created or the emoluments
thereof increased thereof during the term for
which was elected.
Prohibited Employment
No senator or Member of the house of
Representatives may hold any other office:
- In government, or any subdivision, agency,
instrumentality, GOCCs or their subsidiaries
- Which may have been created or emoluments
thereof increased thereof during the term for
which he was elected
Before or after his term, can a legislator be
appointed to an office created during his term?
- Military offices can but offices in the
government, subdivisions, GOCC, and etc.
cannot.
LIBAN vs. GORDON
By accepting the PNRC Chair, did Gordon forfeit his
Senate seat?
No. The PNRC Chairman is not an official or
employee of the Executive branch since his
appointment does not fall under Sec. 26, Art. VII of
the Constitution. PNRC is a private organization
performing public functions.
The structure of the PNRC is sui generis
being neither strictly private nor public in nature, RA
No. 95 remains valid and constitutional in its entirety.
The constitutionality of RA No. 95, as amended, the
charter f the Philippine National Red Cross, was not
raised by the parties as an issue and should not
have been passed upon by this Court.
Sec. 14 No Senator or Member of the House of
Representatives may personally appear as
counsel before any court of justice or before
the Electoral Tribunals, or quasi-judicial and
other administrative bodies. Neither shall he,
directly or indirectly, be interested financially
in any contract with, or in any franchise or
special privilege granted by the Government,
or any subdivision, agency or instrumentality
thereof, including any government-owned or
controlled corporation, or its subsidiary,
during his term of office. He shall not intervene
in any matter before any office of the
Government for his pecuniary benefit or where
he may be called upon to act on account of his
office.
Prohibited Appearance. 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.
The prohibition does not apply to court appearance
of the law office of the Senate Congressman. (Sec.
14, Art. VI).
Sec. 15 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
until thirty days before the opening of its next
session, exclusive of Saturdays, Sundays and
legal holidays. The President may call a
special session at any time.
Sec 16 (1) The Senate shall elect its President
and the House of Representatives its Speaker,
by a majority voter of all its respective
members. Each Hose 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 today and may compel
the attendance of absent members ins such,
 manners, 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 two-thirds of all its members, suspend or
expel a Member. A penalty of suspension,
when imposed, shall not exceed sixty 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
present, be entered in the journal. Each House
shall also keep a record of its proceedings.
(5) Neither House during the session of the
Congress shall, without the consent of the
other, adjourn for more than three days, nor to
any place than that in which the two Houses
shall be sitting.
Santiago vs Guingona
- The only constitutionally mandated officers of
Congress are the Senate President and the
Speaker of the House of Representatives who
are elected by a majority vote of all its respective
members.
- The other congressional officers are specified
and elected in the manner set forth in the
respective Rules of both houses.
Section 16 (2). “Smaller Number”
The authority of “smaller number” and imposable
penalties must be provided in the rules promulgated
by Congress when quorum existed.
Section 16 (4). Congressional Records:
Legislative record – contains the word for word
transcript of the deliberation Congress
Legislative journal – contains the abbreviated
account of the daily proceedings in Congress
Enrolled bill – is an authenticated copy of a bill
bearing the signatures of Senate President &
Speaker of the House & certification of its passage
by the secretaries of both houses
Banat vs COMELEC
Do Congress and the COMELEC en banc encroach
upon the jurisdiction of the PET the SET and the
HRET?
o No. The powers of Congress and the
COMELEC en banc are exercised before
proclamation while the powers of the PET the SET
and the HRET are exercised after proclamation.
AC: Delgado vs HRET
As the sole judge of the election, returns, and the
qualifications of the members of the House of
Representatives, can the judgment of the HRET
be reviewed?
Ruling: Yes, when it commits grave abuse of
discretion as in this case when it failed to
disqualify Pichay for his conviction for libel, a
crime involving moral turpitude.
AC: Atty. Lico vs COMELEC
Who has jurisdiction over the expulsion of a sitting
party list member from Congress and from his
organization?
Ruling: HRET has jurisdiction. The issue on the
validity of petitioner Lico’s expulsion for Ating
Koop is integral to the issue of his qualifications to
sit in Congress, thus, HRET has jurisdiction.
But a party-list organization owes its existence to
the State and the latter’s approval must be
obtained through its agent, the Comelec. Any
challenges on its continued existence is within the
plenary power of the Comelec.
AC: Abayon vs COMELEC
Does HRET have the power to annul election
results on the ground of terrorism? Was there
legal basis for the HRET to annul election results?
Ruling: Yes, HRET has the power to annul. In this
case, however, the claim of terrorism was not duly
substantiated thus, the annulment of the election
results did not have legal basis.
AC: Reyes vs HRET
Are Rule 6(a), Rule 15, & Rule 6, in relation to
Rule 69 of the 105 HRET Rules constitutional?
Ruling: Yes. The presence of at least one Justice
and four members of the HRET to constitute a
quorum ensures that representatives from both
the Judicial and Legislative departments are
present to constitute a quorum.
Sec. 17 There shall be a 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 partylist
organizations.
Who composed the Electoral Tribunal in
Congress?
- Three whom shall be Justices of the
Supreme Court (designated by Chief Justice)
remaining six shall be members of the
Senate or house of Representatives
Madigal vs Villar
Senator Madrigal’s primary recourse rests with
Congress and not with this Court. The doctrine of
primary jurisdiction dictates that prior recourse to the
House is necessary before she may bring her
petition to court. Only when the Senate fails to
comply with the constitutional mandate of CA’s
proportional representation that she can come to Us.
Sec. 18 There shall be a Commission on
Appointments consisting of the President of
the Senate, as ex-officio Chairman, twelve
Senators and twelve Members of the House of
the 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 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 a
majority vote of all the members.
Sec. 19 The Electoral Tribunals and the
Commission on Appointments shall be
constituted within thirty days after the Senate
shall have been organized with the election of
the President and the Speaker.
Is it mandatory to fill up entire 12 member contingent
from the House and the Senate to the Commission
on Appointments?
- It’s okay, as long as it has a working quorum.
Sec. 21 The Senate and the House
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.
Legislative Investigation
Limitations:
 It must be in aid of legislation
 It must be in accordance with duly published
rules of procedure
 Rights of persons appearing in or affected of
such inquiries shall be respected
 The power of the Congress to commit a
witness for contempt terminates upon final
adjournment
 Always subject to the expanded review
power of the Supreme Court
PHILCOMSAT vs Senate
Is the power to conduct legislative inquiries vested
only on the Senate or also on its committees?
- Under Art. VI, Sec. 21, the “Senate or the
House of Representatives or nay of its
respective committees may conduct inquiries
in aid of legislation in accordance with its duly
published rules of procedure.
Question Hour – Section 22
Sec. 23 (1) 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.
(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 such powers necessary
and proper to carry out a declared national
policy. Unless sooner withdrawn by resolution
of the Congress, such power shall cease upon
the next adjournment.
War and Emergency. 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 such powers necessary and proper to carry
out a declared national policy.
David vs Arroyo
Without congressional authority, can the President
declare a state of national emergency?
- Sec. 18, Art. VII grants the President the
power declare a state of emergency, even
without congressional authority.
Without congressional authority, can the
President exercise emergency powers?
- No. Under Sec. 23. (2), Art. VI, the President,
in times of war or other national emergency,
may exercise powers necessary and proper
to carry out a declared national policy, by
authority of the Congress for a limited period
and subject to such restrictions as it may
prescribe.