Philippine Political Law and submit appropriate recommendations to

the US congress
Isagani Cruz 2014 ed
● Spooner Amendment – civil government
Atty J.G. Arcilla’s class was established with William Howard Taft as
first governor
● Philippine Bill of 1902 - Philippine Assembly
was created in 1907 to sit with the Philippine
Commission in a bicameral legislature with
Chapter 1: General Considerations
Sergio Osmena as speak until its dissolution
in 1916
I.1 Scope of the Study
● In that year, Philippine Autonomy Act aka
Jones Law was establishing the Philippine
Political law – branch of public law which deals with
Legislature with Manuel Quezon and
the organization and operations of the governmental
Sergios Osmena elected as president and
organs of the state and defines its relations of the
speaker; it continued until 1935
state with the inhabitants of its territory.
● November 15, 1935 – Commonwealth
Government was inaugurated with Quezon
Constitutional law 1 – study of the structure and
as president and Osmena as vice.
powers of the government of the Republic of the
● Tydings-Mcduffie Act – promised
Philippines. It also deals with certain basic concepts
independence for Filipinos if they could
of political law, such as the nature of the state, the
prove their capacity for democratic
supremacy of the constitution, the separation of
government during a ten-year transition
powers, and the rule of the majority.
period
● Second Republic – Jose P Laurel as
president during the Japanese occupation
I.2 Necessity for the Study
● July 4, 1946 – Philippine independence from
US, US withdrew and Roxas also asserted
● It is a required subject
freedom of the Filipino people and
● Every citizen should understand the
proclaimed the Republic of the Philippines.
mechanics and motivations of his
● Constitutional Convention of 1971 was
government – “sovereignty resides in the
convoked and started deliberations at the
people and all government authority
height of th unrest, due to the near anarchic
emanates from them.”
system corrupted on the one-hand by the
● Success of the Philippine Republic depends
decadent must haves and
on the active involvement in public affairs of
discontented have nots. Conditions
every Filipino citizen.
continued to deteriorate until pent up
● Fundamental law provides that all
resentments of people ended in mass
educational institutions shall include the the
demonstrations, some of them violent, some
study if the constitution
parliament of the strets
● September 21,1972 – President Marcos
I.3 Basis of the Study
issued Proclamation No. 1081 placing the
entire Philippines under martial law
● The principal basis is the 1987 Philippine
● November 30, 1972 - -draft of the 1973
Constitution
Constitution was formally approved by the
● Statutes, executive orders, decrees, judicial
Constitutional Convention and
decisions, political events where purposes of
● January 10-15 series of meetings were held
law are applied or misapplied – especially
and submitted to the Citizens Assemblies for
decisions that have been applied in toto or
for ratification
with modifications in the new constitution,
● January 17, 1973 – Marcos issued
1935 and 1973 which served as its working
Proclamation No 1102 in which he
draft, US constitution, relevant rulings of its
announced that Constitution of 1973 has
SC, Bill of Right which have been
been ratified by an overwhelming majority of
incorporated in the present const.
people and had thus become effective
● Important provisions of law are, as a general
● Ratification Cases and Habeas Corpus
rule, interpreted in the light of their
Cases - issue of the validity of the 1973
understanding in the country of origin
Constitution were raised which were
dismissed by the Supreme Court
I.4 Background of the Study
● January 17, 1981 – Marcos issued
Proclamation No 2045 lifting martial law but
● Philippine Independence from Spain
retained what he called his “standby
proclaimed on January 21, 1899
legislative powers” under several decrees
● Emilio Aguinaldo – 1​st​ president of the
promulgated earlier such as the National
Malolos Republic
Security Code and Public Order Act
● 1985 – Marcos submitted a questionable
● Malolos Republic – the first democratic
resignation that was to be effective on the
constitution promulgated in Asia,
10​th​ day of the Snap elections
parliamentary system but with president and
● Philippine Bar Association v Commission on
not prime minister
Elections – election was challenged on the
● Treaty of Paris – December 10, 1898 –
ground that the vacancy contemplated in Art
provided for the cession of the Philippines
VII Section 9 which would justify the call of a
from Spain to US
special presidential election before the
● During the US colonization – military
expiration of Marcos term in 1987 was
government
supposed to occur before an not after the
● Schurman Commission – First Philippine
said election. Supreme Court denied the
Commission – make a fact finding survey

1
 petition and sustained the resignation and
the call
● February 7, 1986- snap elections was held –
resulted in the proclamation of Marcos and
his running mate, amid charges of wholesale
irregularities by the ruling party and followed
by mass demonstrations
● February 22, 1986 – Defense Minister Enrile
and Gen Ramos began what is known as
the people power revolution which led to the
ouster of Marcos and replacement of
Corazon Aquino and vice pres laurel as as
he running mate were inducted on Feb 25,
1986.
● Freedom Constitution – one of the first acts
of Aquino, promulgation of a provisional
constitution which was to be inforce pending
the adoption of a new constitution to be
drafted by the Constitutional Commission
which she also created.
● Constitutional Commission – approved the
draft of the new charter which was submitted
to the people at a plebiscite held on
February 2, 1987 and was ratified.

2
Chapter 2: The Constitution of the
Philippines
2.1 Definition
Constitution – “body of rule and mazims in accordance
with which the powers of sovereignty are habitually
exercised” (Cooley)
Justice Malcom (with particular reference to the
Philippine)– “the written instrument enacted by direct
action of the people by which the fundamental powers of
the government are established, limited, and defined,
and by which those powers are distributed among the
several departments for their safe and useful exercise
for the benefit of the body politic”
2.2 Essential Qualities of a good Written Constitution
a. broad – not only because it provides for the
organization of the entire government and
covers all persons and things within the territory
of the state but more so because it is supposed
to embody the past, reflect the present, an
anticipate the future. It should be comprehensive
enough to provide for every contingency.
b. Brief – it should be brief and confine itself to
basic principles to be implemented with
legislative details more adjustable to change and
easier to amend.
c. Clear – it should be clear lest ambiguity in its
provisions result in confusion and divisiveness
among the people, and perhaps even physical
conflict.
2.3 Essential Parts of A Written Consitutiion
a. constitution of liberty – consists of a series of
prescription 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
– Article III, II, IV, V, and XII
b. constitution of government – consists of a series
of provisions outlining the organization of the
government, enumerating its powers, laying
down certain rules relative to its administration
and defining the electorate. Articles VI to XI of
the Constitution
c. constitution of sovereignty – consists of
provision pointing out the mode or procedure in
accordance with which formal changes in the
fundamental law may be brought about. Article
XVII of the Const.
2.4 Supremacy of the Constitution
● 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 no matter how noble its
intentions if it conflicts with the constitution
● It must remain supreme and all must bow to the
mandate of this law
● Right or wrong, the constitution must be upheld
as long as it has not been changed by the
sovereign people lest its disregard result in the
usurpation of the majesty of law by the
pretenders to illegitimate power.
2.5 Interpretation of the Constitution
● Should be read in accordance with the usual
rules on interpretation and construction
3
● Interpreted in such a way as to give effect to the
intendment of the framers through the document
itself or through extrinsic aids – records of the
constitutional convention
● Constitution must change with the changing
times lest it impede the progress of the people
with antiquated rules grown ineffective in a
modern age.
● “The political or philosophical aphorism of one
generation is doubted by the next, and entirely
discarded by the third. The race moves forward
constantly, and no canute can stay its progress.”
● In case of doubt, the constitution should be
considered as self-executing rather than non
self-executing; mandatory rather than directory;
prospective rather than retrospective
Self-executing provision – is a rule by itself is directly or
indirectly applicable without need of statutory
implementation, an example is the bill of rights
Non self-executing provision – is one that remains
dormant unless it is activated by legislative
implementation. An example is Article II section 4 ,
Article IV Section 3, providing Philippine citizenship may
be lost or reacquired.
2.6 Effectivity of the 1987 Constitution
De Leon v Esguerra​ – Based on the court’s ruling, by
virtue of of the provision of Article 18 Section 27 of the
1987 Constitution that “ it shall take effect immediately
upon ratification by a majority of votes in a plebiscite for
the purpose. It thus took effect on Feb 2, 1987, the date
of its ratification in the plebiscite held on the same date.
The act of ratification is the act of voting by the people
so that is the date of ratification the canvass thereafter
was merely the official declaration.
2.7 Amendments and Revisions
Iron rules – provisions of the constitution which are not
maleable to judicial interpretation (Cooley)
2.7.1 Distinction between amendment and revision
Lambino v Comelec​ – Lambino Group’s initiative
position changes the 1987 Constitution by modifying
Sections 1-7 of Article VI (Legislative), Sections 1-4 of
Article VII (Executive), and by adding article XVIII
entitled Transitory provisions. The proposed changes will
shift from a bicameral-presidential government to a
unicameral-parliamentary form of government.
Amendment​ – isolated or piecemeal change only / an
alteration of one or a few specific provisions of the
Constitution
Revision​ – a revamp or rewriting of the whole
instrument / an examination of the entire Constitution to
determine how and to what extent it should be altered. A
revision implies substantive change, affecting the
Constitution as a whole.
2.7.2 Steps in Amendment/Revision
a.) Proposal
● Congress – through a ¾ vote; or may call a
constitutional convention through a 2/3 vote of
all members of Congress
● Constitutional convention – Congress will pass
the implementing laws providing for the details
of the concon; as long as it exists and confines
 itself within the sphere of its jurisdiction it is
considered independent and co-equal with other
departments of government
● People’s initiative through a petition of at least
12% of the total number of registered voters,
represented by at least 3% per district
● RA 6735 – the implementing law of Article XVIII
– The Initiative and Referedum Act
b.) ratification – revisions can be made by
the following
● Constitutional Convention
● Congress
2.7.3 Judicial Review of Amendments
● Question of the validity of the adoption of
amendments to the constitution is now subject to
judicial review
Chapter 3: The Concept of State
State – ​a community of persons, more or less
numerous, permanently occupying a fixed territory,
possessed of an independent government organized or
political ends which the great body of inhabitants render
habitual obedience.
● A legal concept
Nation​ – a racial or ethnic concept
Elements of State
1. People​ – inhabitants of the state; numerous and
self-sufficient enough to defend themselves but small
enough to be easily administered and sustained
● Common language
● Common religion
● Common set of customs and traditions to unite
them into an entity called nation
BJE (Bangsamoro Juridical Entity)​ – proposed
agreement cannot be reconciled with the present
constitution and laws.
Associated state​ – used as a transitional device of
former colonies on their way to full independence.
2. Territory – ​fixed portion of the surface of the earth
inhabited by the people of the state.
● Aerial
● Terrestrial
● Maritime
● Fluvial
Archipelago Doctrine ​– under which we connect the
outermost points with straight baselines and consider all
the waters enclosed thereby as internal waters. The
entire archipelago is regarded as one integrated unit
instead of several thoursand islands. As for our territorial
seas, these are defined in the Jamaica Convention on
the Law of the Seas, ratified in 1994, of which the
Philippines is a signatory.
RA 9522 (amending RA 3046)​ – ​to make RA 3046
compliant with the provisions of UNCLOS III re the
determination of water-land ratio, length, and contour of
baselines”.
4
UNCLOS​ – multilateral treaty of sea use rights of
maritime zones
● Plays no role in the acquisition, enlargement, or
diminution of territories.
● States acquire or lose through occupation,
accretion, cession, and presription.
3. Government – ​agency or instrumentality which the
will of the state os expressed and realized.
● Our constitution requires a democratic and
republican government
3.1 Functions
● Constituent​ ​– constitute the very bonds of
society and are therefore compulsory; these are
a. peace and order
b. fixing legal relations between the family
members
c. regulation of properties
d. determination of contractual rights
e. definition and punishment of crimes
f. administration of justice in civil cases
g. administration of political duties, privileges
and relations of citizens
h. dealings of state with foreighn powers
● Ministrant function​ – those undertaken to
advance the general interests of society, such
as public works, public charity, regulation of
trade and industry
***In the Philippines, constituent and Ministrant
functions are not relevant because of the laissez
faire policy of the Constitution​***
Parens patriae​ – guardian of the rights of the people.
De jure​ gov’t – has a rightful title but no power or
control, either because it has been withdrawn from it or it
has not yet come into exercise thereof.
De facto​ gov’t – government of fact; exercises control or
power but without legal title.
1. gets possession or control, by force or by the voice of
majority, the rightful legal govt and maintains itself
against the will of the latter such as ​govt of England
under the Commonwealth​ and later by ​Cromwell as
protector
2. Established as an independent government by the
inhabitants of a country who rise in insurrection against
the parent state; ​such as NPA against the govt.
3. Established and maintained by military forces who
invade and occupy a territory of the enemy in the course
of war. ​(Japanese occupation during World War II)
Government of the Philippines​ – the corporate
government entity through which the functions of
government are exercised throughout the Philippines;
including, save as the contrary appears from the context,
the various arms through which political authority is
made effective in the Philippines whether pertaining to
autonomous regions, provinces, cities, municipalities,
barangays, subdivisions, or other LGUs.
Administration – ​group of people whose hands the
reins of government are for the time being.
Sovereignty​ – supreme and uncontrollable power
inherent in a state by which that state is governed.
● Legal​ – power to issue final commands
● Political​ – power behind the local sovereign or
sum of the influences that operate upon 1.
internal, 2. External
Acts of State​ – act done by the sovereign power of a
country, or by its delegate, within the limits of the power
vested in him.
● Cannot be questioned or made subject by legal
proceedings in a court of law.
Chapter 4: The Doctrine of State Immunity
Basis​ ​Art XVI Section 3 - ​the state may not be sued
without its consent”
● Impairment of its dignity
● Demands and inconveniences of litigation will
divert the time and resources of the state from
the more pressing matters demanding the
state’s attention, to the prejudice of the public
welfare
of the government who is supposed to dicharge
the responsibility or grant the redress demanded
● It is important to determine if the state is the real
part in interest, that is if the claim if proved will
be a direct liability of the state and not merely of
the officer impleaded.
Garcia v Chief of Staff​ – plaintiff file for damages
claim for injuries sustained by plaintiff while
undergoin military training as required by law was
actually a suit against the state since it would need
the appropriation of public funds to satisfy the
judgment if the claim were allowed
Festejo v Fernando​ – the Director of Public Works
and Highway took over the without authority the
property belonging to the plaintiff and constructed
thereon a public irrigation canal. The SC held that
the action was filed against the defendant in his own
personal capacity and was therefore not covered by
state immunity.
***Where the plea of immunity is recognized and
affirmed, it is the duty of the courts to accept
this claim so as not to embarrass the executive
arm of the government I conducting the
country’s foreign relations.***

Doctrine of Non-suability​ – ​based on the logical and

practical ground that there can be no legal right against
the authority which makes the law on which the right
depends.

Immunity of Foreign States​ – the doctrine is also

available to foreign states insofar as they are sought to
be sued in the courts of the local state.
par in parem non habet imperium​ – a state cannot
asser jurisdication over another as to do so would
“unduly vex the peace of nations”
● sovereign equality of states

Jurii imperii​ – doctrine of state immunity is applicable to

sovereigh or governmental activities
Exception:
Exercie of eminent domain when done without payment
of just compensation

Jurii gestionis​ – doctrine of state immunity is not

extended to commercial, private, and proprietary acts

Restrictive theory​ – immunity of the sovereign is

recognized only with regard to public acts or jure imperii
of a state but not with regard to private acts or jurii
gestionis

● Applicable only when the proceedings arise out

of the foreign sovereign, its commercial activities
or economic affairs as the state has descended
down to the level of an individual and can thus
be deemed to have tacitly given its consent to
be sued only when it enters into business
contracts.

Classical or Absolute theory​ – a sovereign cannot,

without its consent, be made a respondent in the courts
of another sovereign

Application

● Actions are rarely instituted directly against the

state
● To avoid the appearance of its involvement, the
usual practice is to file a suit against the officer

5
Waiver of Immunity
● the doctrine is also called the “royal
prerogative of dishonesty”
● the state does not always avail itself of this
rule to take undue advantage of parties that
may have legitimate concerns against it.
Forms of Consent
1. Express Consent – ​manifested either through a
general or a special law
● must be duly embodied in an enacted
statute and may not be given by mere
consel of the government.
2. Implied consent​ – is given when a state itself
commences litigation or when it enters into a
contract
Act No. 3083​ – the government of the Philippine
Islands hereby consents and submits to be sued
upon any moneyed claim involving liability arising
from a contract, express or implied, which could
serve as a basis of civil action between private
parties.
CA No. 327​ as amended by PD 1445 – a claim
against the government must first be filed against
the Commission on Audit, which must act upon it
within sixty days. Rejection of the claim will authorize
the claimant to elevate the matter to the Supreme
Court on certiorari and in effect sue the state with its
consent.
Based on equitable grounds is the rule that when the
state itself files a complaint, the defendant is entitled
to file a counterclaim against it.
When the state itself, gives its consent to be sued, it
does not thereby also consent to the execution of
judgment against it. The rule is that such execution
shall require another waiver, lacking which the
decision cannot enforce upon the state.
Suit Against Government Agencies
Where suit is filed not against the government itself
or its officials, but against one of its entities, it must
be ascertained, whether or not the state, as the
principal that may ultimately be liable, has give its
consent to be sued. This will depend in the first
instance on whether the government agency
impleaded is incorporated or unincorporated.
Incorporated agency – has a charter of its own that
invests it with a separate juridical personality, like
the SSS, City of Manila, and UP.
● Test of suability is in its charter
● It is suable if the charter says so regardless
of its functions
Unincorporated agency – has no separate juridical
personality but is merged in the general machinery
of the government, like the DOJ, Bureau of Mines.
● Test is not available since there is no charter
and no separate juridical personality
● It is necessary to determine the nature of the
functions in which the agency is engaged,
so as to hold it suable if they are proprietary
and not suable if they are governmental.
6
Exemptions from Legal Requirements
● When the state litigates, either directly or
through its officers, it is not required to put up a
bond for damages, or an appeal bond since it
can be assumed it is always solvent
Exeption: does not apply to government-owned or
controlled corporations because they may have legal
personalities distinct from their shareholders.
While the state is the major stockholder of a GOCC,
will always be presumed solvent, the presumption
does not necessarily extend to the GOCC itself.
A GOCC sued in relation to its governmental
functions may be under, appropriate circumstances
exempted from the payment of appeal fees.
Suability vs. Liability
● The mere fact that the state is suable does not
mean that it is liable, or
● Waiver of immunity by the state does not mean
concession of its liability.
● When the state allows itself to be sued, all it
does in effect is to give the other party an
opportunity to prove, if it can, that the state is
liable.
Suability – the result of the express or implied consent of
the state to be sued.
Liability – determined after hearing on the basis of the
relevant laws and the established facts.
Chapter 5: ​ ​Fundamental Principles and
State Policies
● Deals with Article II of the Constitution – it lays
down the rules underlying our system of
government and must therefore be adhered to in
the conduct of public affairs and the resolution of
public issues.
● An enlargement and is some sections
modifications of the 1973 Constitution Article II.
● Its purpose is to emphasize and articulate more
unequivocally the objectives and limitations of
governmental action in pursuit of the general
goals announced in the preamble
● Most provisions are mere legislative guides and
which absent enabling legislation, do not
embody enforceable constitutional rights. Ex
Section 4 and 26
Republicanism – a republic is a representative
government, a new government run by and for the
people. It is not pure democracy where people
govern themselves directly.
● Its purpose is to promote the common
welfare according to the will of the people
themselves.
● The ascendancy of law is axiomatic in a
republic and must be recognized by every
public official no matter how exalted
● The will is determined by the rule of the
majority such as the election
A. Essence of Republicanism
1. representation – the selection by the citizenry by
a corps of public functionaries who derive their
mandate from the people and act on their behalf,
serving for a limited period only, after which they
 are replaced or retained at the option of their
principal
2. renovation
B. Defense of the State
Section 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 conditions
provided by law, to render personal military service.
● Based on the inherent right of the state to its
existence and self-preservation.
● By virtue of this right, the state may take up all
necessary action including the use of armed
force, to repel any threat to its security.
C. Peace and Order
Section 5 The maintenance of peace and order, the
protection of life, liberty, and property, and the promotion
of the general welfare are essential for the enjoyment by
all the people of the blessings of democracy.
D. The Incorporation Clause
Doctrine of Incorporation​ - Every state 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.
a.) transformation method – requires that an
international law be transformed into a domestic
laaw through constitutional mechanism such as
local legislation.
Example: treaties
b.) Incorporation method – applies when by mere
constitutinal declaration, international law is
deemed to have the force of domestic law.
● Generally accepted principles of
international law such as renunciation of
war, due process, principle of sovereign
immunity, and pacta sunt servanda –
used as means for interpretations
● In case of conflict between international
law and municipal law, 1.) efforts should
first be exerted to harmonize them as to
give effect to both, 2) between former
and latter law, later law shall prevail
Province of North Cotabato vs RP Peace Panel :
right to self-determination​ pertains to the right of
states to freely pursue their political status and freely
pursue economic, social, and cultural development
internal self-determination​ – refers to a people’s
pursuit of its political, economic, social, and cultural
development within the framework of an existing
state
external self-determination​ – provides for the
establishment of a sovereign and independent state,
the free association or integration with an
independent state or the emergence into any other
political status freely determined by a people.
C. Rearing of the Youth – Section 12 and Section 13
D. Women – Section 14
7
E. Social Justice – one of the most serious problem of
the nation is the acute imbalance between the rich and
the poor resulting in divisiveness and hostility among
them.
To alleviate their plight, to give those with less privileges
in life more privileges in law.
F. Separation of Church and State
● Section 6 -- Separation of church and state shall
be inviolable
● The idea is to delineate boundaries between the
two institutions and thus avoid encroachments
against the other because of a
misunderstanding of the limits of their respective
exclusive jurisdictions.
● A union of state tends to destroy government
and degrade religion
● It is not a wall of hostility; the role of religion is
deeply felt and highly appreciated by the state.
G. Supremacy of Civilian Authority
Section 3 – Civilian authority is at all times supreme over
the military.
The military is the physically strongest single institution
and has the capacity and might wrestle power from the
constituted authorities. To avoid this, Article VII Section
18 provides that the president, a civilian shall be the
commander in chief.
H. Locall Autonomy
Section 25 – the state shall ensure the autonomy of local
governments
● Based on the Jeffersonian view that municipal
corporations are the small republics from which
the great one derives its strength.
● Vitalization of the LGU will enable its inhabitants
to develop their resources and thereby
contribute to the progress of the whole nation.
I. Economy
The below provisions are to be read in consonance with
specific provisions of Article XVII.
Section 19 – state shall develop a self reliant and
indepent economy effectively controlled by the Filipinos
Section 20 – recognizes the role of the private sector
encourages private enterprise and provides incentives to
needed investments.
Section 21 – the state shall promote comprehensive
rural development and agrarian reform
Chapter 6: Separation of Powers
Article VI 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
the initiative and referendum.
Article VII Section 1
The executive power shall be vested in the President
of the Philippines.
 Article VIII Section 1
The judicial power shall be vested in the Supreme
Court and in such lower courts as may be
established by law.
Judicial power includes the duty of the courts of
justice to settle actual controversies involving rights
which are legally demandable and enforceable, and
to determine whether or not there has been a grave
abuse of discretion amounting to or lack or excess of
jurisdiction on the part of any branch or
instrumentality of the Government.
A. Definition
Justice Laurel in Angara v Electoral Commission
The principle of separation of powers refers to the
constitutional demarcation between the three
fundamental powers of government.
Ordains that each of the three great branches of
government has exclusive cognizance of and is supreme
in matters falling within its own constitutionally allocated
sphere.
B. Purpose:
● 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 institutes.
● Intended to secure action, forestall overaction,
prevent depotism, and obtain efficiency
● Interdependence is the keynote of conduct
(Justice Laurel)
C. Blending of Powers
Article VII Section 22
The President shall submit to the Congress within
thirty-days from the opening of every regular
session, as the basis of the general appropriations
bill, a budget of expenditures and sources of
financing, including receipts from existing and
proposed revenue measures.
Article VI Section 29(1)
No money shall be paid out of the Treasury except in
pursuance of an appropriation made by law.
Article VI Section 19
The Electoral Tribunals and the Commission on
Appointments shall be constituted within thirty days
after the Senate and the House of Representatives
shall have been organized with the election of the
President and the Speaker. The Commission on
Appointments shall meet only while the Congress is
in session, at the call of its Chairman or a majority of
all its Members, to discharge such powers and
functions as are herein conferred upon it.
Article IX-C Section 2(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 ensurng
free, orderly, honest, peaceful, and credible
elections.
8
When powers are not confined exclusively within one
department but are in fact assigned to or shared by
several departments.
● Difficult in classiying some of them as definite
legislative, executive or judicial
● The great ordinances of the constitution do not
establish and divide fields of black and white”
● It is often necessary for certain powers to be
reposed in more than one department so that
they may better collaborate with and, in the
process, check each other for the public good.
Example is the GAA.
D. Checks and Balances
Article VI Section 27
Every bill passed by 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 agree
to pass the bill, it shall be sent, together with the
objections, to the other House by which it shall
likewise be considered, and if approved by
two-thirds of all the members of the 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
Article VII Section 19
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.​
Article VII Section 21
No treaty or international agreement shall be valid and
effective unless concurred in by at least two thirds of all
members of the Senate
Article VIII Section 1
The judicial power shall be vested in the Supreme Court
and in such lower courts as may be established by law.
Judicial power includes the duty of the courts of justice
to settle actual controversies involving rights which are
legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of
discretion amounting to or lack or excess of jurisdiction
on the part of any branch or instrumentality of the
Government.
Article VIII Section 2
The Congress shall have the power to define, prescribe,
and apportion the jurisdiction of the various courts but
may not deprive the Supreme Court of its jurisdiction
over cases enumerated in Section 5 hereof.
Article VIII Section 4
(1) The Supreme Court shall be composed of a Chief
Justice and fourteen Associate Justices. It may sit en
banc, or in its discretion, in division of three, five, or
seven Members. Any vacancy shall be filled within 90
days from the occurrence thereof.
(2) In 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, or those involving the constitutionality,
application, or operation of presidential decrees,
proclamations, orders, instructions, ordinances, and
other regulations, shall be decided with the concurence
of a majority of the members who actually took part in
the deliberations on the issues in the case and voted
thereon.
(3) Cases or matters heard by a division shall be
decided or resolved with the concurrence of a majority of
the members who actually took part in the deliberations
on the issues in the case and voted thereon, and in no
case, without the concurrence of at least 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 en banc or in division may be
modified or reversed except by the court sitting en banc.
Belgica v Ochoa (​Separation of Powers)-A ​ s a rule,
the budgeting power lies in Congress. It regulates
the release of funds (power of the purse). The
executive, on the other hand, implements the laws –
this includes the GAA to which the PDAF is a part of.
Only the executive may implement the law but under
the pork barrel system, what’s happening was that,
after the GAA, itself a law, was enacted, the
legislators themselves dictate as to which projects
their PDAF funds should be allocated to – a clear act
of implementing the law they enacted – a violation of
the principle of separation of powers. (Note in the
older case of PHILCONSA vs Enriquez, it was ruled
that pork barrel, then called as CDF or the
Countrywide Development Fund, was constitutional
insofar as the legislators only recommend where
their pork barrel funds go).
Check and balance – by means of which one
department is allowed to resist encroachments upon its
prerogatives or to rectify mistakes or excesses
committed by the other departments.
Doctrine of implication – based on the theory tht the
grant of an express power carries with it all other powers
tht may reasonably inferred from it.
d. Role of the Judiciary
● sees to it that the constitutional distribution of
powers among the several departments are
respected and observed
● when the SC mediates, it upholds not its own
supremacy but the supremacy of the constitution
Article VI 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
the initiative and referendum.
Article VII Section 1
The executive power shall be vested in the President
of the Philippines.
Article VIII Section 1
The judicial power shall be vested in the Supreme
Court and in such lower courts as may be
established by law.
Judicial power includes the duty of the courts of
justice to settle actual controversies involving rights
9
which are legally demandable and enforceable, and
to determine whether or not there has been a grave
abuse of discretion amounting to or lack or excess of
jurisdiction on the part of any branch or
instrumentality of the Government.
Article XI Section 3
The House of Representatives shall have the exclusive
power to initiate all cases of impeachment
Article VI Section 21
No treaty or international agreement shall be valid and
effective unless concurred in by at least two thirds of all
members of the Senate.
Angara v Electoral Commission
e. Justiciable v Political Question
Justiciable question​ – “implies a given right, legally
demandable and enforceable, an act or ommission
violative of such right, and a remedy granted and
sanctioned by law for said breach of right.” (Justice
Makasiar in Casibang v Aquino)
Political question​ – a question of policy, refers to
questions, which under the constitution are to be
decided by the people themselves in their sovereign
capacity or in regard to which full discretionary authority
has been given to the executive or legislative branch of
the government. It is concerned with issues dependent
upon the wisdom, not legality of a particular measure.
Chapter 7: Delegation of Powers
● Corollary to the rule of non-delegation of powers
is the rule ​potestas delegata non delegari potest
– what has been delegated cannot be delegated
● It is based on the ethical principle that such
delegated power constitutes not only a right but
a duty to be performed by the delegate through
the instrumentality of his own judgment and not
through the intervening mind of another.
● A further delegation, unless permitted by the
sovereign power, constitutes not only a negation
of his duty in violation of the trust reposed in the
delegate mandated to discharge it directly.
● Applicable to all three major powers of the
government
● Delegation of powers has become a rule in
legislative department and non-delegation an
exemption because of:
a. increasity complexity of the task of
government
b. growing inability of the congress to cope
directly with the many problems
demanding its attention
A. Permissible Delegation
1. delegation of tariff powers to the president
2. delegation of emergency powers to the
president
3. delegation to the people at large
4. delegation to local governments
5. delegation to administrative bodies
1. Tariff Powers Article VI Sec 28(2) – the
president is granted standby or flexible tariff
powers in the Tariff Customs Code and in the
said provision.
Power to fix tariff rates, import, and export
quotas, and other taxes

Reason: necessity not to say expediency, to allow
chief executive to act immediately on certain matters
affecting the national economy lest its delay result in
hardship to the people.
2. Emergency Powers Article VI Section 12
● The president becomes an agent of
legislature
● Like a dictator but the conferment is
subject to restrictions and requirements
1) there must be a war or national
emergency 2) limited period of time 3)
must be subject to restrictions as the
congress may prescribe 4) must be
exercised to carry out a national policy
declared by Congress
3. Delegation to the People
“the prevailing doctrine in the courts appear to be,
that, except in those cases where, by the
constitution, the people have expressly reserved to
themselves a power of decision, the function of the
legislation cannot be exercised by them, even to the
extent of accepting or rejecting a law which has
been framed for their consideration.” (Justice
Cooley)
Referendum​ – method of submitting an important
legislative measure to a direct vote of the whole
people.
● power of the electorate to approve or reject
a legislation through an election for the
purpose. (Article XII Sec 2)
Plebiscite​ – decree of the people; questions
submitted are intended to work more permanent
changes in the political structure, like a proposal to
amend the constitution.
● device to obtain a direct popular vote on a
matter of political importance, but chiefly in order
to create some more or less permanent political
condition.
4. Delegation to the Local Governments (Section 16
& 19 of the Local Government Code 1991)
● Based on the recognition that local legislatures
are more knowledgeable than the national
lawmaking body on matters of purely local
concern, and are therefore in a better position to
enact the necessary and appropriate legislation
thereon.
● Grant of authority to prescribe local regulations,
according to immemorial practice, subject, of
course to the interposition of the superior in
cases of necessity.
● According to the power of eminent domain and
general welfare clause, the police power have
been expressly delegated by the legislature to
the local lawmaking bodies. Their power of
taxation is derived directly from the Constitution
subject to limitations prescribed by Congress
5.Delegation to Administrative bodies (Cruz v
Youngberg 56 Phil 234)
Cruz v. Youngberg (56 Phil. 234). The law involved here
prohibited th eentry into the country of foreign cattle,
which had been determined by the Philippine Legislature
as the cause of a rinderpest epidemic that had killed
10
many of the local livestock. The same law, however,
authorized the Governor-General to lift the prohibition,
with the consent of the presiding officers of the
lawmaking body, if he should ascertain after a
fact-finding investigation that there was no longer any
threat of contagion from imported cattle.
6. Tests of Delegation
● Delegation must be circumbscribed by
legislative restrictions, not a “roving commission”
that will give the delegate unlimited legislative
authority.
● It must not be a delegation “running riot” and
“not canalized within banks” that keep it from
overflowing”.
● To be a valid exercise of subordinate legislation,
the regulation must be germane to the objects
and purposes of the law
● Not in contradiction to but in conformity with the
standards prescribed by law.
(1) 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 enforce it.
● A law is complete when it sets forth therein the
policy to be executed , carried out or
implemented by the delegate.
● If there are gaps in the law that will prevent its
enforcement unless they are first filled, the
delegate will then have the opportunity to step
into theshoes of the legislature and to exercise a
discretion essentially legislative in order to repair
the omiission, this would be invalid legislation.
United States v. Ang Tang Ho, a law authorized the
Governor-General “whenever, for any cause, conditions
arise resulting in extraordinary rise in the price of palay,
rice or corn, to issue and promulgate, with the consent of
the Council of State, or standard to guide the provincial
boards in the exercise of their discretionary power. What
is granted to them is a roving commission which enables
the provincial boards to exercise arbitrary discretion. The
applicability and application of the probation Act are
entirely placed in the hands of the provincial boards with
no standard or rule to guide them. This is a virtual
surrender of legislative power to them.”
(2) 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 the 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 whichit is to be pursued and
effected. The purpose of the sufficient standard is to
prevent a totaltransference of legislative power from the
lawmaking body to the delegate.
Chapter 8: The Legislative Department
● Superceded Batasang Pambansa
● Legal basis – Article VI Section 1
 ● Discharges powers of non-legislative nature,
among them the canvass of presidential
elections
1. canvass of presidential elections (Art VII Sec 4)
2. declaration of the existence of a state of war (Art
VI Sec 23(2)
3. confirmation of amnesties (Art VI Sec 19)
4. through Commission on Appointments confirm
presidential appointments (Art VII Sec 16)
5. the amendment or revision of the constitution
(Art XVII)
6. impeachment (Art XI)
I. Senate
A. Composition of the Senate​ – Section 2 ​“the senate
shall be composed of twenty four senators who will be
elected at large by the qualified voters of the Philippines,
as may be provided by law.”
This rule intends to make the senate a training ground
for national leaders and possibly a springboard for
presidency.
The senator having a national constituency rather than
district constituency will have a broader outlook of the
bigger problems f the country instead of being restricted
by parochial viewpoints and narrow interests. The
senate is likely to be broadminded and circumspect than
the House of Representatives.
B. Qualifications​ (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 2 years immediately preceding the day of the
election.
Article IV Section 2 ​“natural born citizens are those who
are citizens of the Philippines from birth without having
to perform any act to acquire or perfect their Philippine
citizenship. Those who elect Philippine citizenship in
accordance with Paragraph 3, Section 1 shall be
deemed natural born citizens.”
Residence​ – place where one habitually resides and to
which, when he is absent, he has the intention of
returning. (Lim v Pelaez); to be understood not in its
common acceptation referring to dwelling or habitation
but rather to
domicile or legal residence​ - the place where one
actually or constuctively has his permanent home, where
he, no matter where he may be found at any given time,
eventually intends to return and remain.
According to the SC, this denotes a fixed permanent
residence which, whenever absent for business or
pleasure, or some other reasons, one intends to return.
It is a question of intention and circumstances.
1. one must have a residence or domicile
somewhere
2. when once established it remains until a
new one is acquired; and
11
3. a man can have but one residence or
domicile at a time
The residency requirement is aimed at excluding
outsiders from taking advantage of favorable
circumstances existing in that community for electoral
gain. It defeats the purpose of representation: to elect
through the assent of voters those most cognizant and
sensitive to the needs of the community. Officials of
districts of localities should not only be acquainted with
the metes and bounds of their constituencies but they
should know their constituencies and the unique
circumstances of their constituents which can only be
acquired through residency in the constituency to be
represented.
The purpose of residency requirement is best met by
people who have either had actual residence in the area
for a given period or who have been domiciled in the
same area either by origin or by choice.
The above is the reason why Senate and members of
the house of representatives must be natural born
citizens not only at the time of election but during their
entire tenure.
Expressio unius est exclusio alterius – o ​ ne thing is
the exclusion of the other – with the result that it is not
competent for Congress to provide by mere legislation
for additional qualification no matter how relevant they
may be.
Substantive constitutional limitations​ of Congress are
found in the Bill of Rights, and other provisions such as
Art VI Sec 3.
B. Term (Article VI and Article XVIII)
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.”
Section 2 The Senators, Members of the House of
Representatives, and the local officials first elected
under this Constitution shall serve until noon of June 30,
1992.
Of the Senators elected in the election in 1992, the first
twelve obtaining the highest number of votes shall serve
for six years and the remaining twelve for three years.
Senate = continuing instution​ – as it is not dissolved
as an entity with each national election or change in the
compositionof its members; power to punish for
contempt does not cease upon the periodical dissolution
of congress.
Acts separately and independently of the Senate of the
Congress before it
Not a continuing body​ - All pending matters and
proceedings ie. Unpassed bills, and even legislative
legislations, of the Senate of a particular Congress are
considered terminated upon the expiration of that
Congress;
II. The House of Representatives
Legal Basis:
1.) Composition
Section 5 . 1.) The House of Representatives shall be
composed of not more than two hundred fifty members,
unless otherwise fixed by law, who shall be elected from
legislative districts apportioned among 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
percent of the total membership of the House of
Representatives. 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 ditrict shall comprise, as far as
practicable, contigous, 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
consensus, the Congress shall make a re-apportionment
of legislative districts based on the standards provided in
this section.”
A. Distict Representatives​ – elected directed and
personally from the territorial unit he is seeking to
represent.
● Thirteen regions, in turn comprising 200 districts
apportioned among the provinces, cities, and
Metro Manila in accorance with the number of
inhabitants
Guaranty against ​gerrymandering​ – the arrangement of
districts in such a way as to favor the election of
preferred candidates (usually re-electionists) through the
inclusion therein only of those areas where they expect
to win, regardless of the resultant shape of such districts
● an apportionment of representative districts so
contrived as to give an unfair advantage to the
party in power.
● Authority for the view of a legislative
apportionment measure is a justiciable question
since it involves certain requirements, the
interpretation of which does not call for the
exercise of legislative discretion
● The basis for districting is the number of
inhabitants of a particular city or province and
not based on the number or registered voters.
(Herrera v COMELEC)
● 250,000 minimum population requirement
applies only to cities and not provinces, and also
to the creation of additional legislative districts
for cities or for provinces.
● The Muslim Mindanao Autonomy Act –
authorizing the government of the ARMM to
create provinces and cities, has been
considered unconstitutional because the power
to create them belongs to Congress – they may
create barangays and municipalities.
12
B. Party-list representatives​ – chosen indirectly,
through the party he represents, which is the one voted
for by the electorate. The party list system is an
innovation of the 1987 Constitution and its wisdom and
efficacy are still both doubted and challenged to this day.
● consists 20% of the total membership of the
body
● rules for the selection of the party-list
representatives are embodied in RA 7941 –
enforced for the first time in the 1998 elections
Section 3 definition
Party list system – a mechanism of proportional
representation in the election of representatives to the
House of Representatives from national, regional, and
sectoral parties or organizations or coalitions thereof
registered with the Commission on Elections
(COMELEC). Component parties or organizations of a
coalition may participate independently, provided the
coalition of which they form does not participate in the
party-list system.
● Intended to democratize political power by giving
political parties that cannot win in legislative
district elections a chance to win seats in the
House of Representatives. It is not synonymous
with sectoral representation.
● Submission is not later than 90 days, a verified
petition by its president or secretary for its
participation attaching a copy of its constitution,
by laws, platform, and list of officers, and such
other relevant information as may be required by
COMELEC. Petition shall be pulished in a
newspaper of general circulation, after due
notice of hearing, be resolved within 15 days
and in no case later than 60 days before the
election.
● Upon registration, the political group shall submit
to the COMELEC not later than 45 days before
the election, at least 5 names from which its
representatives may be chosen
● Under the law, the names of the party-list
nominees shall not be shown on the certified list
of participants in the party list system to be
distributed by COMELEC but it has been ruled
that it is COMELEC’s constitutional duty to
disclose and release the names of the nominees
of the party list groups.
● Only persons who have given their consent in
writing may be name as party list candidates
and in one list only. Persons who lost in the
preceding election are ineligible.
● Party list nominee must also be a bona fide
member of the party or organization
o To be a bona fide party list in the case
of sectoral parties means one must
either belong to the sectoral
represented, or have a track record of
advocacy for such sector.
o A nominee of the youth sector (Sec 9)
must be at least twenty-five but no more
than thirty years of age on the day of the
election.
Atong Paglaum v COMELEC​ (parameters for
participation in the party-list system consistent with
Section 5(1); the system provides for three different
groups:
1, national parties or organizations
2. regional parties or organizations
3. sectoral parties or organizations.
Thus:
1. Three different groups may participate in the party-list
system: (1) national parties or organizations, (2) regional
parties or organizations, and (3) sectoral parties or
organizations.
2. National parties or organizations and regional parties
or organizations do not need to organize along sectoral
lines and do not need to represent any "marginalized
and underrepresented" sector.
3. Political parties can participate in party-list elections
provided they register under the party-list system and do
not field candidates in legislative district elections. A
political party, whether major or not, that fields
candidates in legislative district elections can participate
in party-list elections only through its sectoral wing that
can separately register under the party-list system. The
sectoral wing is by itself an independent sectoral party,
and is linked to a political party through a coalition.
4. Sectoral parties or organizations may either be
"marginalized and underrepresented" or lacking in
"well-defined political constituencies." It is enough that
their principal advocacy pertains to the special interest
and concerns of their sector. The sectors that are
"marginalized and underrepresented" include labor,
peasant, fisherfolk, urban poor, indigenous cultural
communities, handicapped, veterans, and overseas
workers. The sectors that lack "well-defined political
constituencies" include professionals, the elderly,
women, and the youth.
5. A majority of the members of sectoral parties or
organizations that represent the "marginalized and
underrepresented" must belong to the "marginalized and
underrepresented" sector they represent. Similarly, a
majority of the members of sectoral parties or
organizations that lack "well-defined political
constituencies" must belong to the sector they represent.
The nominees of sectoral parties or organizations that
represent the "marginalized and underrepresented," or
that represent those who lack "well-defined political
constituencies," either must belong to their respective
sectors, or must have a track record of advocacy for
their respective sectors. The nominees of national and
regional parties or organizations must be bona-fide
members of such parties or organizations.
6. National, regional, and sectoral parties or
organizations shall not be disqualified if some of their
nominees are disqualified, provided that they have at
least one nominee who remains qualified.
Those disqualified per Section 6 of RA 7941 are the
following:
1. religious sects
13
2.those which advocate violence or unlawful means to
seek their goal
3. foreign parties
4. parties which receive support funding from the any
foreign government or political party
5. those which violate or fail to comply with laws, rules or
regulations relating to election laws
6. those which declare untruthful statements in their
petitions
7. those which have ceased to exist for at least one year
8. thse who have failed to participate in the last two
preceding elections
● The enumeration of marginalized and
under-represented sectors in Section 5 is not
exclusive; the crucial element is whether it
complies with the requirements of the
constitution and RA 7941
Section 8 of RA 7941​ – no change of names or
alterations shall be allowed after the same shall have
been submitted to the COMELEC except in cases where
1. nominee dies, or 2. withdraws in writing his
nomination, or 3. becomes incapacitated, in which case
the name of the substitute nominee shall be placed last
in the list.
● Every voter shall be entitled to 2 votes, the first
for the candidate for member of the House of
Representatives and second for the party,
organization or coalition he wants represented
● The participants in the party list system shall be
ranked according to the number of votes they
received, with those getting at least 2% of the
total votes cast for the system being entitled to
one seat each. None of them shall have more
than 3 seats.
● The COMELEC shall tally all the votes for the
participants, rank them according to the number
of votes received, and allocate party-list
representatives proportionately according to the
percentage of votes obtained.
Chapter 9: POWERS OF CONGRESS
Legislative power – the power of lawmaking, the framing,
and the enactment of laws effected through the adoption
of a bill, or a proposed or projected law, which, once
approved, becomes a statute. It includes the power to
alter and repeal laws.
● Legislative power
o appropriation
o taxation, expropriation
o power to grant immunity of prosecution
o power to define crimes and their nature,
and to provide for punishment
● Non-legislative power
o the power to canvass presidential
elections
o declare a state of war
o give concurrence to treaties and
amnesties
o propose constitutional amendments
o impeachment
● Implied – punish contempt in legislative
investigations
 ● Inherent – determination of rules of proceedings,
and the discipline of its members.
Limits to Congress powers:
● It cannot pass irrepealable laws
● Cannot provide for the holdover of elective
officers if the same would go beyond their
terms
● Cannot create new term and effectively
appoint the occupant of the position for the
Congress and an unconstitutional intrusion
into the constitutional appointment power of
the President.
Statute – “written will of the legislature, solemnly
expresed according to the forms necessary to constitute
it the law of the state.”
● Laws have no retroactive effect, unless the
contrary is provided.
● Statutes can be given retroactive effect when
the law itsef so expressly provides
o remedial statutes
o curative statutes
o laws intepreting others
o in case of laws creating new rights
Datu Michael Abas Kida v Senate of the Philippines​ –
According to SC, laws that do not change or revise any
provision in an earlier law, and which merely fill in gaps
or supplement said earlier law, cannot be considered as
amendments of the latter.
Procedure in the Approval of Bills
● A bill is introduced by any member of the House
of Representatives or the Senate except for
some measures that must originate only in the
former chamber
First Reading – involves reading of the number and title
of the measure, and referral to the appropriate
committee for study
o Bill may be killed in the committee or it
may be recommended for pubic hearing
either with or without amendments
o If there are other bills of the same
nature, they may be consolidated into
one bill under common authorship or as
a committee bill
Second Readng – once reported out, it shall be
calendared for second reading where it will be
scrutinized, debated upon, and amended when desired.
The most important stage in the passage of the bill.
o If approved on second reading, it is printed in its
final form and copies thereof distributed at least
three days before the 3​rd​ reading
Third Reading – members merely register their votes
and explain them if they are allowed by the rules. No
further debate is allowed.
o If bill passes 3​rd​ reading, it is sent to the other
chamber where it will also undergo 3 readings
o If there are differences in the versions approved
by the two chambers, it will be reviewed by the
conference committees of the two houses.
o It shall be sent to the president for consideration.
Bills originating from House of Representatives (Art
6 Sec 24):
14
o Enrolled bill​ – when printed as finally approved
by Congress, thereafter aunticated with the
signatures of the Senate President, the Speaker,
and the secretaries of their respective
chambers, and approved by the president.
o Appropriation bill​ – the primary and specific
purpose of which is to authorize the release of
funds from the public treasury.
o Revenue bill​ – one that levies taxes and raises
funds for the government
o Tariff bill​ – speficies the rates or duties to be
imposed on imported articles
o A bill increasing public debt​ – illustrated by
one floating bonds for public subscription
redeemable after a certain period
o A bill of local application​ – one involving
purely local or municipal matters, like the charter
of a city
o Private Bills​ – illustrated by a bill granting
honorary citizenship to a distinguished foreigner
****Senate may amend by substitution, which may
entirely replace the bill initiated in the House of
Representatives
Prohibited Measures
1.)impairing the doctrine of separation of powers
2.)providing for the appointment of elective officers
3.)specific provisions in the Bill of Rights such as
o ex post facto laws
o bill of attainders
o laws impairing the obligation of
contracts
4.)no law granting title of royalty or nobility (Art 6 Sec 31)
in violation of Art II Sec 1
5.)no law shall be passed increasing appelate
jurisdiction of the SC as provided in the constitution
without its advice and concurrence (Art 6 Sec 30)
6. No bill shall be passed by either house shall become
a law unless it has passed 3 readings on separate days,
and printed copies thereof in its final form have been
distributed to its members. (Art 6 Sec 26(2)).
Title of Bills
o expresses the general subject and all the
provisions are germane to that general subject
o Comprehensive enough to include subject
related to the general purpose which the statute
seeks to achieve
o Does not need to be an index of its contents and
will suffice if the matters embodied are relevant
to each other and may be inferred from the title.
o An title which declares a statute to be an act to
amend a specific code is sufficient and need not
be further stated.
o Must not be so uncertain that the average
person readng it would not be informed of the
purpose of the enactment or put inquiry as to its
contents, or which is misleading, either in
referrin to or indicating one subject where
another or different one is really embraced in the
act, or in omitting any expression or indication of
the real subject or scope of the act.
Art 6 Sec 26: ​Every bill passed by the Cogress shall
embrace only one subject which shall be expressed in
the title thereof.
Purpose:
1. To prevent hodgepodge or log-rolling legislation
defined as any act containing several subjects
dealing with unrelated matters representing
 diverse interests, the main object of such
combination being to unite the members of the
legislature who favor any one of the subjects in
support of the whole act.”
2. To prevent surprise or fraud upon the legislature
3. To fairly apprse the people through such
publications of its proceedings as are usually
made, of the subjects of legislation that are
being considered in order that they may have an
opportunity of being heard thereon, by petition or
otherwise, if they should so desire.
Conference Committee – composed of
representatives from Senate and House of
Representatives, which is a “mechanism for
compromising differences” between their respective
versions of a bill or a joint resolution.
o It is within its power to include in its
report an entirely new provision that is
not found in either House bill or Senate
bill
o Whatever changes agreed need not
undergo three readings in Senate and
HR. Art 6 26(2)
Approval of Bills (Art 6 Sec 27)
3 methods which a bill becomes a law:
1. when the president signs it;
2. when the president vetoes it but the veto is
overridden by2/3 members of all the members of
each house; and
3. when the president does not act upon the
measure within 30 days after it shall have been
presented to him
Rule on presentment – every bill passed by Congress
must be presented to the president for approval or veto.
In the absence of presentment to the president, no bill
passed by Congress can become a law.
o In this sense, law-making becomes a
joint act of the legislature and the
executive.
o Under this principle, a provision that
requires congress or its members to
approve the implementing rules of a law
after it has already taken effect shall be
unconstitutional, as is a provision that
allows congress to overturn any
directive or ruling made by members of
the executive banch charged with the
implementation of the law – legislative
veto which would be violative on the rule
of separation of powers.
Power of oversight – intrinsic in the grant of legislative
power itself and integral to the checks and balances
inherent in a democratic system of government
o embraces all activities undertaken by the
Congress to enhance its understanding of and
influence over the implementation of legislation it
has enacted. It concerns post-enactment
measures undertaken by Congress to:
a.) monitor bureacratic compliance with program
objectives
b.) determine whether agencies are properly
administered
c.) to eliminate executive waste and dishonesty
d.) to prevent execuutive usurpation of legislative
authority; and
15
e.) to assess executive conformity with the
congressional perception of public interest
Categories of Congressional Oversight:
1. Scrutiny – purpose is to determine economy and
efficiency of the operation of government
activities.
2. Congressional investigation – scrutiny involves
passive process of looking at the facts that are
readily available while investigation involves a
more intense digging of facts (art 6 Sec 21)
3. Legislative supervision – connotes a continuing
and informed awareness of the part of a
congressional committee regarding executive
operations in a given administrative area. Allows
congress to scrutinize the exercise of delegated
law-making authority, and permits congress to
retain part of that delegated authority.
Legislative veto – statutory provision requiring the
president or an administrative agency to present the
implementing rules and regulations of a law to Congress
which, by itself or through a committee formed it, it
retains a right or power to approve or disprove such
regulations before they take effect.
Arnault v Nazareno.​ The petitioner was ordered
incarcerated by the Senate until such a time as he
decided to answer certain relevant questions put to him
in connection with the investigation of a government
transaction.
It was also held in this case that the questions
that may be raised in a legislative investigation do not
necessarily have to be relevant to any pending
legislation, provided only that they are relevant to the
subject matter of the investigation being conducted.
Appearance of Department Heads:
Section 21 v Section 22 – Question Hour
The power given to the President by the Commonwealth
Constitution to prevent the appearance of his secretaries
before the Congress has not been retained in the
Constitution.
The Power of Appropriation Article 6 Sec 29 – “no
money shall be paid out of the Treasury except in
pursuance of an appropriation made by law”
Appropriations
Appropriation measure – a statute the primary and
specific purpose of which is to authorize the release of
funds from the treasury, eg the public works act and the
appropriations act.
a. General – intended to provide for the financial
operations of the entire government during one
fiscal period
b. special – designed for a specific purpose, such
as the creation of a fund for the relief of typhoon
victims
Implied Limitations
a. devoted be to a public purpose
b. sum authorized must be determinate or
at least determinable
Constitutional Limitations / Specific Limitations
 a. should originate from the House of
Representatives
b. Congress may not increase the appropriations
reccommended by the President for the
operation of the government as specific in the
budget
c. Form, content, and manner of the budget shall
be prescribed by law.
d. No provision shall or enactment shall be
embraced in the general appropriations bill
unless it relates specifically to some particular
appropriation therein.
e. Procedure in approving Congress’s
appropriation shall strictly follow the procedure
in approving the appropriation of the
departments and agencies.
f. No law shall be passed authoring the transfer of
any appropriations. However, the following may
augment items in the general appropriations law
for their respective offices in relation to savings
in other items:
1. President
2. Senate President
3. House Speaker
4. Chief Justice
5. Heads of Constitutional Commissions
Guidelines : Should be for public purpose, supported by
appropriate vouchers, and subject to guidelines as may
be prescribed by law.
doctrine of qualified agency – official acts of a
department secretary are deemed acts of the president
unless disapproved or reprobated by the latter.
Appropriations for Sectarian Purposes : Article 6 Sec
29(2)
General Limitations – cannot appropriate funds directly
or indirectly, in favor of
1. churches, sects, sectarian institution or
system of religion
2. priest, preacher, minister, religious teacher
or dignitary
Except if assigned to:
1. penal institution
2. government orphanage
3. armed forces
4. leprosarium
Automatic re-appropriation​ if congress does not pass
the GA bill at the end of the fiscal year, previous GAA
shall be deemed reenacted.
Chapter 10: The Executive Department
**main motivation of the framers of the 1987 Constitution
was to prevent the recurrence of another despot like
Marcos.
Executive Power​ – the power to enforce and administer
the laws. (Art VII Sec 1)
Qualifications (Art VII Sec 2)
● Natural born citizen
● Registered voter – connotes possesion of the
qualifications for suffrage as enumerated in Art
V Sec 1
● Able to read and write
● At least 40 on the day of the election
16
● Resident of the Phils for at least ten years
immediately preceding election – to ensure
close touch by the President with the country of
which he is to be the highest official and
familiarity with its conditions and problems for
his to discharge his duties effectively.
Rule of Interpretation is ​expressio unius est exclusion
alterius-​ t​ he express mention of one person, thing or
consequence implies exclusion of all others.
Art VII Sec 4 – basis on the conduct of the canvass of
election returns and the proclamation of the winners.
1. returns of election for president and vice-pres
certified by the board of canvassers of each city
or province shall be transmitted to Congress
2. it shall be directed to the Senate president
3. Upon receipt, the senate president shall, not
later than 30 days after election, open all
certificates in the presence of the senate and
house of representatives in joint public session
4. the congress, upon determination of the
authenticity and due execution in the manner
provided by law shall canvass the votes
5. in case 2 or more shall have equal number of
votes, one of them shall be chosen by majority
vote of all members of Congress, voting
separately
6. congress shall promulgate its rules for the
canvassing
7. SC sitting en banc shall be the judge of all
contests relating to election, returns, and
qualifications of the pres and vice pres, and may
promulgate its rules for the purpose
Macalintal v PET – legality of PET was challenged,
petitioners assailed its constitutionality, as an illegal
authority progeny of Sec 4 of Art VII, that PET exercises
quasi judicial functions in contradiction with Art VIII Sec
12 that members of the SC may not be designated to
any agency performing quasi-judicial or administrative
function.
SC explained that portion of Sec 4 designated it as the
sole judge of all presidential and vice pre electional
contests is an innovation of the 1987 constitution.
Art VII Sec 4 – prescribes the term for the pres and vice
Presidential Succession
Section 7 (death or permanent disability of the pres)
The vice shall assume the position of pres in the
following cases:
1. If pres elect fails to qualify,
vice shall assume office until
pres elect qualifies
2. If pres shall not have been
chosen, vice assumes office
until a pres shall have been
chosen and qualified
3. If beginning of term, pres dies
or becomes permanently
disabled, vice elect becomes
pres
Oath of office​ – the taking of oath of office by the
president elect marks his formal assumption of duties.
Prescribed oath is under Sec 5.
 Not a source of substantive power but
merely intended to deepen the pres sense of
responsibility and ensure a more conscientious
discharge of his duties.
Prerequisites and Inhibitions (Art VII Sec 6)(Sec 13)
Prohibition in the change of salary either by reduction or
increase during their term is meant to prevent the
legislature from “weakening their fortitude by appealing
to their avarice or corrupting their integrity by operating
on their necessities”
**​emoluments​ – refers to compensation received for
services rendered or from possession of an office.
Defined as the profit arising from office or employment,
that which is received as compensation for services, or
which is annexed to the possession of office , as salary,
fees and prerequisites; advantage, gain, public or
private.
This means that pres cannot accept other employment
elsewhere, whether in the government or private, he
must confine himself to the duty of his office
In the case of the vice pres, he may be appointed to the
Cabinet but may not received additional compensation
because of the express prohibition in the said provision.
Executive Privilege ​– “the​ ​power of the government to
withhold information from the public, the courts, and the
Congress” or “right of the president and high level
executive branch officersto withhold information from the
Congress, courts, and ultimately the public”
a. conversations and correspondences
b. military, diplomatic and other national security
matters
c. information between intergovernment
agencies prior to the conclusion of treaties and
and executive agreements
d. discussions in closed cabinet door meetings
e. matters involving national security and public order
1.Informer’s privilege – privilege of the government not
to disclose the identity of a person or persons who
furnish information on violations of law to officers
charged with the conferment of law
2.Privilege accorded to presidential communications –
presumed privilege without distinguishing between those
which involve matters of national security and those
which do not. Applies to decision making of the president
rooted in the principle of separation of powers. The
protected information must relate to a quintessential and
non-delegable executive power such as executive
agreements.
3.Deliberative process privilege – covers documents
reflecting advisory opinions, recommendations, and
deliberations comprising part of a process by which
governmental decisions and policies are formulated
4, diplomatic negotiations privilege – meant to
encourage a free exchange of exploratory ideas
between the negotiating parties by shielding such
negotiations from public view.
** doctrine of command responsibility​ – the president,
as commander in chief of the AFP, can be held liable for
affront against the petitioner’s rights to life, liberty and
security as long as there is substantial evidence showing
that she had involvement or knowledge of the violations
17
and failed to conduct the necessary investigations
according to the rules.
Presidential Immunity​ – the president during his term
of office or actual incumbency may not be sued in any
civil or criminal case, there is no need to provide for it in
the constitution
Reason:
1. degrade the dignity of the office
2. he be freed from harrassment,
hindrance or distraction in the
performance of his duties
Chapter 11: Powers of the President
Executive power is more than the sum of specific powers
so enumerated.
Inherent powers:
1. conduct peace negotiations with rebels
2. authority to choose whom immunity is to be
granted – constituent part of the executive
function
3. ordinance powers allows her to issue the
following:
a. executive orders – acts of the president
providing for rules of a general or
permanent character in implementation
or execution of constitutional or statutory
powers
b. administrative orders – acts which relate
to particular aspects of governmental
operations in pursuance of his duties as
administrative head
c. proclamations – acts fixing a dateor
declaring a statusor condition of public
moment or interest upon the existence
of which the operation of a specific law
or regulation is made to depend, shall
have the force of an executive order
d. memorandum orders – acts on matters
of administrative detail or of
subordinate or temporary interest
concerning a particular officer or office
of the government
e. memorandum circulars – acts relating to
internal administration of all or some of
the departments, agencies, bureaus or
offices of governement for information or
compliance
f. general or special orders – acts and
commands in his capacity as
commander in chief of the AFP
I. Appointing Power (Art 16)
● selection by the authority vested with
the power, of an individual who is to
exercise the functions of a given office
● act of designation by the appointing
officer, body or board, to whom that
power has been delegated, of the
individual who is to exercise the function
of a given office.
● Essentially an executive in nature, and
the legislature may not interfere with the
exercise of this power except in those
instances when the Constitution
expressly allows it to interfere.
● Essential a discretionary power and
must be performed by the officer in
which it is vested according to his best
lights, the only condition being that the
appointee should possess the
 qualificatins required by law. (Luego v
CSC)
**Commission​ – the written evidence of an appointment
a. permanent appointments – extended to persons
possessing the requisite eligibility and are thus
protected by the constitutional provisions on
security of tenure.
b. Temporary appointments – given to persons
without such eligibility, are revocable at will and
without the necessity of just cause or a valid
investigation. They are extended upon the
understanding that the appointing power has not
yet decided on a permanent appointee and that
temporary appointee may be replaced at any
time a final choice shall have been made by the
president
Designation – imposition of additional duties, usually by
law, on a person already in public service by virtue of an
earlier appointment. It does not entail payment of
additional benefits
Categories of Officials subject to appointing power of the
President:
1. Heads of executive department
2. Ambassadors, other public ministers and consuls
3. Officers of the AFP from the rank of colonel or naval
captain
4. Those officer whose appointments are vested in him
by the Constitution
5. All other officers of the government whose
appointments are not provided for by the law.
6. Those whom he may be authorized by law.
Steps (Regular):
1. nomination by the pres
2. confirmation which is the prerogative of the
Commission on Appointments
3. Issuance of the commission
Ad interim appointment​ – appointment comes before
the confirmation, which is made by the Commission
when it reconvenes following legislative recess. This is
made during the recess and becomes effective then,
subject to confirmation or rejection later, during the next
legislative session.
Considered permanent appointment because it takes
effect immediately and can no longer be withdrawn by
the president once the appointee has qualified into
office. The constitution itself makes its character
permanent.
Intended to prevent hiatus in the discharge of official
duties.
Does not Constitute term of office:
through inaction by the Commission we when it fails to
act on the same until the next adjournment of Congress
Difference (Regular v Ad Interim)
Regular Ad Interim
● Made during ● Made during
legislative session recess
● Appointment is ● Made before
made only after confirmation
nomination is ● Ceases to be valid
confirmed by the if disapproved by
the Commission or
18
Commission on upon next
Appointments adjournment of
● Once made by the Congress
Commission
continues until the
end of the term of
the appointee
Limitations on the Appointment Power
Art VII Sec 14 Appointments extended by an acting
President shall remain effective unless revoked by the
elected president within 90 days from his assumption of
office (may be ratified by mere inaction during 90days)
Sec 15 Two months before the next presidential
elections and up to the end of his term, a president or
acting president shall not make appointments except
temporary to executive positions when continued
vacancies therein will prejudice public service or safety.
II. ​Removal Power
● Derived from the express power of
appointment; the president derives the implied
power of removal
● Not all appointed by him are also removable by
him such as members of the SC and the
Constitutional Commission where removed only
through impeachment as prescribed by the
Constitution (Art XI)
● Removal becomes illegal if the president did not
comply with the administrative procedure
Exception: appointment of Cabinet members
may be removed with or without just cause
III. Control Power (Art VII Sec 17)
● The president shall have control of all the
executive departments, bureaus and offices. He
shall ensure that laws are faitfully executed.
● Self- executing power
Control​ – the power of an officer to alter or modify or
nullify or set aside what a subordinate officer had done
in the performance of his duties and to substitute the
judgment of the former for that of the latter.
● Includes authority to order the doing of an act y
a subordinate or to undo such act or to assume
a power diretly vested in him by law
Supervision​ – overseeing or the power or authority of
an officer to see that subordinate officers perform their
duties. If the latter fail or neglect to fulfill them, then the
former may take such action or steps as prescribed by
law to make them perform these duties.
● Merely sees to it that the rules are followed, but
he himself does not lay down such rules, nor
doe he have the discretion to modify or replace
them.
doctrine of exhaustion of administrative remedies--
exhaust all administrative remedies first before resorting
to political action
doctrine of qualified political agency - ​A futher appeal
from the decision of a cabinet secretary may be taken
into the office of the president before resorting to judicial
action, to be consistent with the doctrine of exhaustion of
administrative remedies.

● Department secretaries are alter egos or
assistants of the president and their acts are
presumed to be those of the latter unless
disapproved or reprobated by him.
Except if the duties needs to be done by the president
himself such as pardoning power, suspension of the writ
of habeas corpus which may not be delegated.
Its purpose is to ensure speedy access to the court
without going to the level of the president.
IV​. ​The “take care” clause
● The power to take care that the laws be faithfully
executed makes the president a dominant figure
in the administration of the government.
● Power to conduct investigations to aid him in
ensuring the faitful execution of laws is inherent
in the powers of the pres as the chief executive
(​Biraogo v Phil Truth Commission of 2010)​
● Based on the faitful execution clause of Art VII
Sec 17)
V. Military Power
● Enables the president to command all the armed
forces of the Philippines
● Suspend the writ of habeas corpus
● Declare martial law
Art VII Sec 18 – grants 4 powers (subject to judicial
review)
1. call out such armed forces to prevent or
suppress lawless violence, invasion or rebellion
2. in case of rebellion, when the public safety
requires it
3. may suspend the writ of habeas corpus for a
period not exceeding 60 days
4. place the Philippines under martial law
Limitations​:
1. such proclamation should not exceed 60 days
2. period of 60 days may only be extend by
congress based on the same grounds
3. within 48 hours after suspension or
proclamation, pres shall personally report his
action to congress, if not in session, congress
will convene within 24 hours without a call
4. congress may by a majority vote revoke his
action
5. revocation may not be set aside by the pres
6. congress may extend it
7. no longer considered a political question and
may be raised in appropriate proceeding by any
citizen, court must decide the challenge within
30days
8. martial law does not automatically suspend the
writ of habeas corpus or the operation of the
constitution
9. suspension only aplies to persons facing
charges relating to rebellion
Grounds:
1. violence, invasion, or rebellion
2. when the public safety requires it.
Effects of the Suspension of Habeas Corpus:
19
* applies only to persons judicially charged for rebellion
* arrests of persons in relation to rebellion or offenses
inherent or diretly connected with invasion must be
judicially charged within 3 days, otherwise it would be
illegal
VI. ​Command of the Armed Forces
● power of the sword makes the president the
most important figure in times of war and other
similar emergencies
● He plans all campaigns, establishes all sieges
and blockades, directs all marches, fights all
battles
Courts martial​ - held to be attached to the constitutional
functions of the president, independently of legislation;
instrumentality of the executive provided by Congress to
aid him in properly commanding the army and navy and
enforcing discpline therein; also acts as criminal court
● Power to confirm a sentence includes the power
to approve or disapprove the entire or any part
of the sentence given by the court martial.
power to conduct peace negotiations​ is implicity
included in the president’s powers as chief executive
and commander in chief
Doctrine of command responsibility​ – the president
as commander in chief can be held responsible or
accountable for extrajudicial killings and enforced
disappearances in the context of amparo proceedings
(​Rodriguez v Macapagal- Arroyo)​
Requisites:
1. existence of a superior-subordinate relationship
between the accused as superior and the
perpetrator of the crime as his subordinate.
2. superior knew or had reason to know that the
crime was about to be or had been committed
3. superior failed to take the necessary and
reasonable measures to prevent criminal acts or
punish the perpetrators thereof
VII. Habeas Corpus
● the president has the power to suspend the writ
of habeas corpus; what is suspened is not the
writ itself but its privilege
writ of habeas corpus​ – a writ directed to the person
detaining another, commanding him to produce the body
of the prisoner at a designated time and place, with the
day and cause of his caption and the detention, to do, to
submit to, and received whatever the court or judge
awarding the writ shall consider in his behalf.
● The suspension of the privilege means that
when the court receives a applicaton for the writ,
and it finds in the petition in proper form, it will
issue the writ as a matter of course, the court
will issue an order commanding the production
before the court of the person allegedly
detained, at a time and place stated in the order
and requiring the true cause of his detention to
be shown in court.
● If the writ shows that the person in custody was
apprehended and detained in areas where the
privilege of the writ has been suspended or for
crimes mentioned in the executive proclamation,
 the court will suspend futher proceedings in the
action.
● The SC has the power to annul the suspension if
it is not based on either of the two grounds
stated in the constitution which ​are invasion or
rebelion, and when the public safety requires it.​
● Traces its origin to antiquity, devised and exists
as a speedy and effectual remedy to relieve
persons from unlawful restraint and as the best
and efficient defense of personal freedom
● Montenegro doctrine​ – the suspension of the
privilege of the writ of habeas corpus was a
political question to be resolved by the
president. (abrogated by Sec 18,
constitutionalizing the Lansang doctrine)
● Lansang doctrine​ – the SC has the power to
inquire into the factual basis of the suspension
of the writ of habeas corpus and to annul the
same if no legal ground could be established.
VIII. Martial Law
The declaration of martial law has no further legal
effect than to warn the citizens that the military
powers have been called upon by the executive to
assist him in the maintenance of law and order and
that while the emergency lasts, they must upon pain
of arrest and punishment, not commit any act that
will in any way render difficult restoration of order
and the enforcement of the law
When martial law is declared no powers are given to
the executive; no extension of arbitrary authority is
recognized, no civil rights of individuals are
suspended. Whatever interference with their
personal freedom or property rights must be justified.
a. arrests and seizures without judicial warrants
b. ban on public assemblies
c. takeover of news media and agencies and press
censorship
d. issuance of presidential decrees
IX. Pardoning Power (Art VII Sec 19)
The president may grant reprieves, commutations, and
pardons, and remit fines and forfeitures, after conviction
by final judgment except in cases of impeachment.
He shall also have the power to grant amnest with the
concurrence of a majority vote of all members of
Congress.
Discretionary in the president and may not be controlled
by the legislature or reversed by the courts, save only
when it contravenes the limitations discussed.
Executive clemency​ – granted for the purpose of
relieving the harshness of the law or correcting mistakes
in the administration of justice.
Pardon​ – an act of grace which exempts the individual
whom it is bestowed from the punishment which the law
inflicts for the crime he has committed.
Commutation​ – reduction or mitigation of the penalty
e.g death penalty reduced to life sentence
Reprieve​ – merely a postponement of a sentence to a
date certain, or a stay of execution. It may be ordered to
20
enable government to secure additional info to ascertain
the guilt of the convict.
Limitations:
1. cannot be granted in cases of impeachment
since it is not a judicial, much less a criminal,
prosecution and does not come under the
pardoning power
2. cannot be granted for the violation of any
election law, rule or regulation without the
favorable recommendation of the COMELEC.
3. can only be granted after conviction by final
judgment
Kinds of Pardon
● Absolute pardon – ​extended without any
strings attached
● Conditional pardon ​– convict is required to
comply with certain requiremnents; offender may
reject it since he may feel that the conditions
imposed is more onerous than the penalty
sought to be remitted
● Plenary ​– extinguishes all penalties imposed
upon the offender, incuding all accessory
disabilities
● Partial pardon ​– does not extinguish all
penalties imposed upon the offender
Effects of Pardon:
● Legal effect is to restore his liberty, including his
civil and political rights.
● Essene of a pardon is forgiveness of guilt and
not forgetfulness
● Does not erase the fact of the commission of the
crime and the conviction thereof
● Frees the individual from penalties and legal
liabilities
● Pardon does not ipso facto restore a convicted
felon to public office but it restores his eligibiity
to that office
● Cannot bring back lost reputation for honesty,
integrity and fair dealing unless expressly
grounded on the person’s innocence
● If a pardon is given because he did not truly
commit the offense, it relieves him from all
punitive consequences of his criminal act,
thereby restoring to him his clean name, good
reputation and unstained character prior to the
finding of guilt
Parole​ – executive; involves a release of the convit from
imprisonment but not a restoration of his liberty. The
parolee is still in the custody of the law although no
longer under confinement, unlike pardonee whose
sentence is condoned, subject only to reinstatement in
case of violation of the condition that may have been
attached to the pardon
presupposes prior service of part of the sentence
Probation​ – judicial; granted before actual service of
sentence
X. Amnesty
This can only be granted with the concurrence of
Congress through a vote of majority, as provided by the
Constitution.
The rule is that previous admission of guilt is required ● Ratified treaty unlike executive agreement takes
since a person would not need the benefit of an amnesty precedence over any prior statutory enactment
unless he were to begin with guilty of the offense ● Has a limiting effect on the otherwise
covered by the proclamation encompassing and absolute nature of
sovereignty.
Amnesty Pardon ● Every time it enters into a treat, it voluntary
● Addressed to ● Condones sheds off part of its sovereignty
crimes against the infractions of the ● Treaty making power is exclusive to the
sovereignty of the peace of state president
state and political ● Addressed to an ● Senate concurrence pertains only to validity of
offenses individual the treaty under consideration and not to
● Addressed to ● There must be conduct negotiations attendant to its conclusion
classes or even distinct acts of
communities of acceptance XIII. The Budgetary Power (Sec 22)
persons ● Does not require
● There may or may concurrence of The president shall submit to Congress within 30 days
not be distinct acts congress from the opening of every regular session, as the basis
or acceptance ● Private acts of the of the general appropriations bill, budget of
● Requires president and expenditures and sources of financing, including receipts
concurrence of proved by the from existing and proposed revenue measures.
congress person pardoned
● Public act which and judicial courts The power is entrusted to the executive as he is in the
the courts take do not take notice best position to determine the needs of the government
judicial notice ● Looks forward and and propose the corresponding appropriations thereof
● Looks backward relieves the on the basis of existing or expected sources of revenue.
and abolishes and offender from the
puts into oblivion consequences of “In the chief executive dwells the power to run the
the offense itself; the offense of government. Placed upon him is the power to
as if he had not which he has been recommend the budget necessary for the operation of
committed no convicted the government, which implies that he has the authority
offense to evaluate and determine the structure that each
government agency in the executive department would
Amnesty denotes a general pardon to rebels for their need to operate in the most economial and effiient
treason and high political offenses, or the forgiveness of manner.”
the one sovereign grants to the subjects of another, who
have offended, by some breach the law of nations. Congress may not increase the appropriations
recmmended by the president for the operation of the
XI. Borrowing Power (Sec 20) government as specified in the budget.

The president may contract or guarantee foreign loan on

behalf of the Republic of the Philippines with the prior
concurrence of the Monetary Board, an subject to such
limitations as may be provided by law. The monetary
board shall within 30 days from the end of every quarter
of calendar year submit to congress a report of its
decisions on applications for loans to be contracted or
guaranteed by the government or GOCCs which would
have the effect of inreasing foreign debt, and containing
other matters as may be provided by law.
XII. The Diplomatic Power
The president is the spokesman of the nation on external
affairs. In this capacity, he may deal with foreign states
and governments, extend or withhold recognition,
maintain diplomatic relations, enter into treaties, and
otherwise transact the business of foreign relations.
He is also vested wth the power to conclude treaties but
with concurrence of 2/3 vote of Congress (Sec 21)
Executive agreement​ – a treaty within the meaning of
the word in international law and constitutes enforceable
domestic law. It does not need concurrence of congress,
is usually less formal and deals with a narrower range of
subjects. Agreement must be within states, written and
governed by international law.
● May not be used to amend a duly ratified and
existing treaty
XIV. The Informing Power (Sec 23)
The president shall address the Congress at the opening
of its regular session. He may also appear before it at
any other time.
This is discretionary upon the president, he may or may
not give information to the legislatuere, although he will
usually choose to do so for practical reasons. He will
also want to maintain the goodwill of the congress and
so will not deny its request for information if its release
will not be in the prejudice of the public interest.
XV. Other Powers
1. power to cal the congress to a special
sessions
2. to approve or veto bills
3. consent to the deputization of
government personnel by the
Commission on Elections
4. Discipline its deputies
5. by delegation, exercise emergency
powers
6. tariff powers
Chapter 12. The Judicial Department

Treaty – no difference between treaty in terms of their Judicial Power Judicial Review
binding effect on the contracting states Exercised by the SC & Exercised by the SC &
● Greater dignity because its constitutional other lower Courts other lower Courts
efficacy is beyond doubt

21
 ● Judicial power ● power of the members, a representative of the IBP (4 years),
includes the duty courts to review a professor of law (3 years), a retired member of
of the courts of the the SC (2 years), and a representative from the
justice to settle constitutionality of private sector (1 year)
actual treaties ● Principal function of recommending appointees
controversies ● power of the to the judiciary. It may exercise such other
involving rights courts to test the functions and duties as the SC may assign to it.
that are legally validity of the
demandable and exercise of Macalintal v PET – intended by the framers to be
enforceable; and executive and independent, but not separate from the judicial
to determine legislative acts in department. The power without the means to use it is a
whether or not light of their nullity.
there has been conformity with the
grave abuse of Constitution VI. Fiscal Autonomy
discretion (Angara v
amounting to lack Electoral The power of the appropriation is limited by the following
or excess of Commission) provision, which is intended to strengthen the
jurisdiction on the independence of the judiciary.
part of any branch
or instrumentality Sec 3 The Judiciary shall enjoy fiscal autonomy.
of the government Appropriations for the judiciary may not be reduced by
the legislature below the amount appropriated for the
I. ​Independence of the Judiciary previous year and, after approval, shall be automatically
and regularly released.
1. The SC is a constitutional body, it cannot be
abolished nor may its members or the manner of ● Contemplates a guarantee of full flexibility to
its meeting be changed by mere legislation allocate and utilize their resources with the
2. may not be removed except by impeachment wisdom and dispatch that their needs require. It
3. may not be deprived of its minimum original and recognizes the power and authority to levy,
appellate jurisdiction as prescribed in Art VIII assess and collect fees, fix rates of
Sec 5 compensation not exceeding the highest rate
4. appellate jurisdiction may not be increased authorized by law, and allocate and disburse
without its advice and concurrence such sums or prescribe them in the course of
5. appointees to the judiciary are no nominated by the discharge of their functions.
the JBC and not subject to Commission on
Appointments ● This means freedom from outside control.
6. has administrative supervision over all lowers
courts and their personnel Composition of the Supreme Court (Sec 4 (1)

II. Jurisdiction​ (Art VIII Sec 2) – the authority by which
courts take cognizance of and decide cases, the legal
right by which the judges exercise their authority. That is
the jurisdiction over cases, to be prescribed by Congress
subject to constitutional limitations.
The Supreme Court shall be composed of a Chief
Justice and fourteen Associate Justices. It may sit en
banc or in its discretion, in divisions of three, five, or
seven Members. Any vacancy shall be filled within ninety
days from the occurrence thereof.

III. Appointments ​(Sec 9) new process was intended to De Castro v JPC​ The president may provide for
depoliticize our courts of justices ensure choice of appointments in the judiciary even within 2 months
competent judges immediately before the next presidential election and up
to the endof his term.
Sec 9 Members of the SC and judges of the lower courts
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. VII. En Banc Cases

For the lower courts the president shall issue the
appointments within 90 days from the submission of the
list.
IV. Qualifications:
● a person of proven competence, integrity,
probity, and independence
● Natural born citizen
● At least 40 years of age
● Must have been for 15 years or more a judge of
a lower court or engaged in the practice of law in
the Philippines.
V. Judicial and Bar Council (Sec 8)
● Screens judicial appointments composed of the
Chief Justice as ex officio chairman, secretary of
justice, a representative of congress as ex officio
Sec 4 (2)​ ​All cases involving the constitutionality of a
treaty, international or executive agreement, or law,
which shall be heard by the Supreme Court en banc,
and all other cases which under the Rules of Court are
required to be heard en banc, including those involving
the constitutionality, application, or operation of
presidential decrees, proclamations, orders, instructions,
ordinances, and other regulations, shall be decided with
the concurrence of a majority of the members who
actually took part in the deliberations on the issues in the
case and voted thereon.
Treaty – ​an international agreement concluded between
states in written form and governed by international law,
whether embodied in a single instrument or in two ot
more related instruments and whatever particular
designation. (​Bayan Muna v Romulo​)

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1. treaties that require legislative concurrence after
executive ratification
2. executive agreements that are similar to treaties,
except that they do not require legislative concurrence
and are usually less formal and deal with a narrower
range of subject matters than treaties
***The needed vote for declaration of unconstitutionality
is a concurrence of a majority of the members who
actually took part in the deliberations on the issues in the
case and voted thereon.
VIII.Division Cases
3.) Cases over 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
thereon, and in no case, without the concurrence of at
least three of such members. When the required number
is not obtained, the cases shall be decided en banc.
Provided that no doctrine of principleof law laid down by
the court in a decision rendered en banc or in division
may be modified or reversed except by the court sitting
en banc.
IX.Requisites of a Judicial Inquiry
● Courts are passive instruments that can act only
when their jurisdiction has been invoked unlike
political departments
● No constitutional question will be heard and
decided unless there is compliance with what
are known as the requisites of a judicial inquiry.
Requisites​:
1. There must be an actual case or controversy.
● involves a conflict of rights, an assertion
of opposite legal claims susceptible of
judicial resolution.
● Case must not be moot or academic or
based on extra legal or other similar
considerations not recognizable by the
court
● There must be a contrariety of rights
that can be interpreted and enforced on
the basis of existing law and
jurisprudence
● One that is appropriate for judicial
determination
● Real and substantial controvery
admitting of specific relief through a
decree that is conclusive in character
rather than a hypothetica state of facts
● Counselling by courts is contrary to the
doctrine of separation of powers since
their advice will not have the force of law
but of a mere suggestion or
receommendation that may be accepted
or rejected at will by the department
requesting it
● Solicit judgment from the court a
declaratory judgment involving
interpretation of the rights and duties of
a person under the provisions of a deed,
will, contract, written instrument or a
stattue or ordinance is deemed an
actual controvery
A case that is moot and academic may still be heard if​:
a. there is a grave violation of the consititution
23
b. exceptional character of the situation and the
paramount public interest involved
c. when the constitutional issue raised requires
formulation of controlling principles to guide the
bench, bar and public
d. Doctrine of capable repitition yet evading review
2. The question of constitutionality must be
raised by the proper party.
● A proper party is one who has sustained
or in immediate danger of sustaining an
injury as a result of the act complained
of.
3. The constitutional question must be raised at
the earliest possible opportunity.
● GR – constitutional question must be
raised at the earliest opportunity such
that if it is not raised in the pleadings, it
cannot be considered at the trial, and if
not considered at the trial, it cannot be
considered on appeal.
Exception​:
a. criminal cases, can be raised at any
time at the discretion of the court
b. civil cases, if necessary to the
determination of the case itself
c. in every case except where there is
estoppel, the constitutional question
may be rised at any stage if it involved
the jurisdiction of the court
4. The decision of the constitutional question
must be necessary to the determination of
the case itself.
● the reason for this can be traced to the
doctrine of separation of powers which
enjoins each department a proper
respect for the acts of the other
departments.
● Courts go by the maxim “to doubt is to
sustain”; presumption of constitutionality
● The joint act of the legislative and
executive authorities, law is supposed
to have been carefully studied and
determined constitutional before it was
finally enacted.
● The policy of the court is to avoid ruling
on the constitutional questions and to
presume that acts of the political
depaprtments are valid, absent a clear
and unmistakable showing to the
contrary
● Constitutionality of a law cannot be
collaterally attached.
X. Effects of a Declaration of Unconstitutionality
1. Orthodox view – an unconstitutional act is not a law, it
confers no rights; it imposes no duties; it affords no
protection, it creates no officer, it is in legal
contemplation, inoperative
● It is stricken from the statue books as if it had
never existed at all.

2. Modern view – Less stringent; The court in passing
upon the question of constitutionality does not annul or
repeal the statute if it finds it in conflict with the
Constitution. It simply refuses to recognize it and
determines the right of the parties just as if such statute
had no existence. It does not strike the statute from the
books, does not repeal, supersede, revoke or annul the
statute. Parties to the suit are concluded by the
judgment and no one else is bound.
3. Operative Fact Doctrine​ – the law is recognized as
unconstitutional but the effects of the unconstitutional
law, prior to its declaration of nullity, may be left
undisturbed as matter of equity and fair play. In fact an
invocation of the operative doctrine is an admission that
a law is unconstitutional.
● It is a rule of equity thus, must be applied as an
exception to the general rule that an
unconstitutional law produces no effects. In
short, it only affects or modifies the effects of the
unconstitutional law not the law itself.
XI. Partial Unconstitutionality
● A declaration of partial unconstitutionality will
only be valid of two conditions concur: 1) the
legislature s willing to retain the valid portions
even if the rest is declared illegal 2.) the valid
portions can stand independently as a separate
statute.
● Separability clause – willingness to retain the
valid portion; if for any reason any section or
provision of this act is declared invalid or
unconstitutional, the remainder of the act shall
not be affected by such declaration.
XII. Original Jurisdiction
Section 5(1) Exercise original jurisdiction over cases
affecting ambassadors, other public ministers, and
consuls, and over petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus.
● Quo warranto – an act for usurpation of office or
against a public offer who does or suffers an act
which by the provision of law, constitutes a
ground for the forfeiture of his office or against
an association which acts as a corporation
within the Philippines without being legall
incorporated or without lawful authority to so act.
● Writ of habeas corpus – extends to all cases of
illegal confinement of detention by which any
person is deprived of his liberty, or by which
rightful custody of any person if withheld from
the person entitled to it.
● Principle of hierarchy of courts – requires that
recourse must first be mde to the lower ranked
court exercising concurrent jurisdiction with a
higher court.
● Direct invocation of the original jurisdiction of
court may only be allowed if there are special
and important reasons therefor, clearly and
especially set out in the petition.
XIII. Appellate Jurisdiction
24
(2) review, revise, reverse, modify, or affirm on appeal or
certiorari as the law or the Rules of Court may provide,
final judgments and orders of lower courts.
a.) all cases in which the constitutionality or validity of
any treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.
b.) All cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in relation
thereto.
c.) All cases which the jurisdiction of any lower court is in
issue.
d.) All criminal cases in which the penalty imposed is
reclusion perpetua or higher.
e.) All criminal cases in which only an error or question
pf law is involved.
***The right to appeal is not embraced in the due
process of law. As long as the parties have been given
the opportunity to be heard in the lower court, they
cannot demand the right to appeal if the legislature sees
fit to withhold it.
***Questions of facts – entirely up to the legislature to
determine whether or not appeals from such
administrative decisions may be allowed. Without its
permission, appeal cannot be taken as a matter of right.
(not covered by Article VIII Sec 5 (2)
Court martial case – a criminal case and the General
Court Martial is a court akin to any other courts. It is
court within the strictest sense of the word and acts as a
criminal court.
Court of Appeals – mixed questions of fact and law are
now under its jurisdiction
RTC – have the authority and jurisdiction to consider the
constitutionality of statutes, executive orders,
presidential decrees and other issuances.
British American Tobacco v Camacho – Court of Tax
appeals cannot pass upon the constitutionality of a law.
XIV. Temporary Assignment of Judges
(3) Assign temporarily judges of lower court to other
stations as public interest may require. Such temporary
assignment shall not exceed six months without the
consent of the judge concerned.
Rigodon de jueces – the transfer of judges at willl to suit
the motivations of the chief executive
Judiciary Act of 1948 – transfer could be ordered by the
Secretary of Justice as long as it was approved by the
SC, did not extend beyond three months, and there was
a certification of the necessity of such transfer.
● Bolsters the independence of the judiciary
● May be justified to arrange for judges with
clogged dockets to be assisted by their less
busy colleagues, or to provide for the
replacement of a regular judge who may not be
expected to be impartial in the decision of
particular cases.
XV. Change of Venue or Place of Trial
(4) Order a change of venue or place of trial to avoid a
miscarriage of justice.
Power may be exercised in criminal and cvil cases.
​ ule-Making Power
XVI​. R
(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 dimish, increase, or modify substantive
rights. Rules of procedure of special courts, and
quasi-judicial bodies shall remain effective unless
disapproved by the Supreme Court.
Limitations on the rule making power:
1. Uniform for all courts of the same grade.
2. The rules must not diminish, increase, or modify
substantive rights.
**jurisdiction is conferred by law, As such, jurisdiction
cannot be fixed by the will of the parties; nor be acquired
through waiver nor enlarged by the omission of the
parties; nor conferred by the acquiescence of the court.
**allocation of jurisdiction is vested in the Congress, and
cannot be delegated to another officer or agency of the
government.
**Rules of court may be modified at any time and
become effective at once, so long as the change does
not affect vested rights. There are no vested rights to
rules of procedure, which may be given retroactive
effect.
XVII. Appointment of Court Personnel
(6) Appoint all officials and employees of the Judiciary in
accordance with the Civil Service Law.”
**empowers the SC to appoint only its own officials and
employees. The power also extends to appoint all
officials and employees of the judiciary itself.
XVIII. Administrative Supervision of Courts
Sec 6. The Supreme Court shall have administrative
supervision over all courts and the personnel thereof.
● It is only the Supreme Court that can oversee
the judges’ and court personnels compliance
with the law, and take the proper administrative
action against them if they commit any violation
thereof. (Re: Request of Philippine Center for
Investigative Journalism for the 2008 SALNs
and Personal Date Sheets of Court of Appeals
Justices.
● No other branch of government may intrude into
this power, without running afoul of the doctrine
of separation of powers.
XIX. Tenure of Judges (Sec 11)
● Shall hold office during good behaviour until they
reach the age of 70 or become incapacitated to
discharge the duties of their office.
● The Supreme Court en banc shall have the
power to discipline judges of lower courts or
order their dismissal by a vote of majority who
25
actually took part in the deliberation in the cases
and voted thereon.
XX. Consultations of the Court (Sec 13)
The conclusions of the Supreme Court in any cases
submitted to it for decision en bacn or in division shall be
reached in a consultation before the cases is assigned to
a member for the writing of the opinion of the Court. A
certification to this effect signed by the Chief Justice
shall be issued and a copy thereof attached to the record
of the case and served upon the parties. Any member
who took no part, or dissented, or abstained from a
decision or resolution must state the reason therefor.
The same requirements shall be observed by all lower
courts.
XXI. Decisions of the Court
Sec 14 No decision shall be rendered by any court
without expressing therein clearly and distinctly the facts
and the law on which it is based.
No petition for review or motion for reconsideration of a
decision of the court shall be refused due course or
denied without stating the legal basis therefor.
● Due process requirement to be informed how a
cases was decided with an explanation of the
factual and legal reasons that led to the
conclusions of the court.
doctrine of stare decisis et non quieta movere​ – to
adhere to precedents, and not to unsettle things which
are established. Based upon the rule involved whereas
res judicata​ is based upon the judgment.
Doctrine of finality of judgment or immutability of
judgment – provides that once a judgment has become
final and executory, it may no longer be modified in any
respect, even if the modification is meant to correct an
erroneous conclusion of fact or law, and regardless of
whether the modification is attempted to be made by the
court rendering it or by the highest court of the land, as
what remains to be done is purely ministerial
enforcement or execution of the judgment.
Purpose:
1. To avoid delat in the administration of justice
and to make the orderly discharge of judicial
business.
2. to put an end to judicial controversies, at the risk
of the occasional errors, which is precisely why
courts exists.
Exception:
1. correction of clerical errors
2. nunc pro tunc entries which cause no prejudice
to any party
3. void judgments
4. whenever circumstance transpire after the
finality of the decision that render its execution
unjust and inquitable.
Nunc pro tunc entry – an entry made now of something
which was actually previously done, to have effect as of
the former date. Supply an ommission in the record of
action really had, but omitted through mistake or
inadvertance.
XXII. Salaries of Judges
Sec 10 The salary of the Chief Justice and of the
Associate Justices of the Supreme Court, and of judges
of lower courts shall be fixed by law. During their
continuance in office, their salary shall not be decreased.

● This guarantees their independence during their

continuance in office. Without this, it would be
possible for the Congress to exert pressure on
the members of the judiciary by threatening their
financial security through reduction of their
salaries.

XXIII. Periods for Decision (Sec 15)

Art VIII Sec 15 (3) Upon the expiration of the

corresponding period, a certification to this effect signed
by the Chief Justice or the presiding judge shall fortwith
be issued and a copy therefor attached to the record of
the case or matter and served upon the parties. The
certification shall state why a decision or resolution has
not been rendered or issued within said period.

Art VIII Sec 15 (4) Despite the expiration of the

applicable mandatory period, the court, without prejudice
to such reponsibility as may have been incurred in
consequence thereof shall decide or resolve the case or
subject matter submitted thereto for determination,
without further delay.

Mandatory Period for Deciding Cases:

● SC – 24 months
● Lower collegiate courts – 12 months unless
reduced by SC
● Lower courts – 3 months unless reduced by SC

26