CONSTITUTIONAL LAW – MIDTERMS REVIEWER

(Reference: BERNAS 2009)

PREAMBLE
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane
society and establish a government that shall embody our ideals and aspirations, promote the common good,
conserve and develop our patrimony, and secure to ourselves and our posterity the blessing of independence
and democracy under the rule of law and a regime of truth, justice, freedom, love, equality and peace, do
ordain and promulgate this Constitution

Deliberations on the Committee Report

 Preamble
o Distillation of the ideals and aspirations of the Filipino people
 Constitution
o Essentially consists of an enumeration of fundamental values and goals and devices for
achieving and protecting these goals
 Aid
o Was used as the more all-embracing term instead of “guidance”
 Common good
o Intended to project the idea of a social order that enables every citizen to attain his or her
fullest development economically, politically, culturally, and spiritually
o Guarantee that mob rule would not prevail and that the majority would not prosecute the
minority
o General welfare – was rejected, which could mean “the greatest good for the greatest number”
even if that greater number wants does violence to human dignity
 Almighty God
o Was chosen as being more personal than “Diving Providence” and therefore more consonant
with Filipino religiosity
 A just and humane society
o Added the notion that a Constitution not merely sets up a government but is also an instrument
for building the larger society of which government is merely a part
 Love
o Makes the Philippines the only nation to enshrine the word in its Constitution
o Serves as a monument to the love that prevented bloodshed in the February Revolution of 1986
 Truth
o Is a protest against the deception that characterized the Marcos regime

Purpose and effect of the Preamble

 Constitutionally, is not a source of power or right for any department of government
 It sets down the origin, scope, and purpose of the Constitution
 Useful as an aid ascertaining the meaning of ambiguous provisions in the Constitution
 Bears witness to the fact that the Constitution is the manifestation of the sovereign will of the Filipino
people, and this idea comes out more clearly in the present text which uses the first person approach
 1935 preamble used the third person approach: “The Filipino people, imploring the aid…up”
  1935 text suggested that some third person, the United States, was making the announcement that
the Filipino people were finally being allowed to promulgate a constitution
 Identifies the Filipino people as the author of the constitution, which calls to an important principle:
that the document is not just the work of representatives of the people but of the people themselves
who put their mark of approval by ratifying it in a plebiscite

ARTICLE 1 – THE NATIONAL TERRITORY

Section 1
The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein,
and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial,
fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other
submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of
their breadth and dimensions, form part of the internal waters of the Philippines.

The Place of Territorial Delimitation in the 1935 Constitution

 3 Phases of the definition of national territory found in the Constitution:
1. 1934-1935 Constitution Convention
2. Deliberations of the 1972 Constitutional Convention
3. Deliberations of the 1986 Constitutional Convention
 Between 1973 and 1986, the Philippines became party to the 1982 Convention on the Law of the Sea
 A constitution is a municipal law, as such, it is binding only within the territorial limits of the
sovereignty promulgating the constitution
 For purposes of settling international conflicts, a legal instrument purporting to set out the territorial
limits of the state must be supported by some recognized principle of international law
 Philippine constitutionalism accepts the principle that it is not the Constitution which definitely fixes
the extent of Philippine territory

National Territory under the 1935 Constitution

 Four points of reference for the determination of Philippine territory under the 1935 Constitution:
1. The Treaty of Paris (Dec. 10, 1898)
o Where Spain ceded to the United Stated “the archipelago known as the Philippine
Islands, and comprehending the islands lying within” the line drawn by the technical
description of the same article
o BUT the treaty left some doubt about the inclusion of:
a. Batanes Islands
b. Islands of Sibutu and Cagayan de Sulu
c. Turtle and Mangsee Islands
2. The Treaty of Washington (Nov. 7, 1900)
o Corrected the error with respect to Islands of Sibutu and Cagayan de Sulu
3. The Treaty between Great Britain and the United States (Jan. 2, 1930)
o Clarified jurisdiction over the Turtle and Mangsee Islands
4. All territory over which the present Government of the Philippine Islands exercises jurisdiction
o To remove the doubt with respect to Batanes Islands

Why a Definition of Territory in the 1973 and 1987 Constitutions?

 During 1971 Convention:
 o There was a motion to delete the entire article on National Territory because territorial
definition was a subject of international law, not of municipal law, and that Philippine territory
was already defined by existing treaties
o Arguments for the inclusion of an article defining national territory were:
1. An attempt to demonstrate the need for a clear definition of Philippine Territory, for the
preservation of our national wealth, for national security, and as manifestation of our
solidarity as a people
2. An attempt to show that the definition of Philippine territory must be expressed in the
Constitution itself, under 3 points:
a. Territorial assertions should be expressed in more authorative fashion
b. To delete the article entirely would again leave the status of the Batanes Islands
in doubt
c. The need for curing the failure of the 1935 Constitution to express the possibility
of future territorial acquisitions by the Philippines
o However, these points did not prove that a constitutional definition would strengthen
Philippine legal position in International Law
 Deletion of article on national territory would not mean abandonment of the Batanes Islands or any
portion of Philippine territory as long as Philippine jurisdiction continue to be actually exercised over
such territories

The 1973 Provision on National Territory

 Provision in 1987 Constitution was in substance a copy of its 1973 counterpart
 Philippine national territory under the 1973 Constitution can be divided into 3 groups:
1. The Philippine Archipelago
o All the islands and waters embraced therein
o Defined as either:
 a cluster of islands forming a territorial unity, or
 waters are considered adjuncts to the land area and their extent is
determined by reference to the land area
 a unit of water studded with islands
 land area is everything that comes within the water area
 this was the Committee preference
 this area was delineated in the Treaty of Paris
2. All other territories belonging to the Philippines by historic right or legal title
o Batanes Islands – belonged to the Philippines by historic right
o Marianas Islands – might also belong to the Philippines by historic right, depending on
historical evidence
o Sabah – Philippine jurisdiction was based on legal title perfected in 1962
o Legal Title – used to mean all accepted legal modes of acquiring territory
o was a catch-all used to cover areas linked to the Philippines with varying degrees of
certainty and firmness, including the Freedom Land
3. Philippine waters, air-space, and submarine areas

Territorial Sea
 Distinct from its inland and internal waters
 Consists of a marginal belt of maritime waters adjacent to the base lines extending 12 nautical miles
outward
  A state exercises sovereignty over its territorial sea subject to the right of innocent passage by other
states
 Innocent Passage – passage not prejudicial to the interests of the coastal state nor contrary to
recognized principles of international law
 2 methods for fixing the starting point or baseline:
a. Normal baseline method
o the breadth of the territorial sea is measured from the low water-line, following the
indentations of the coast
b. Straight baseline method
o Drawn as straight lines connecting appropriate points on the coast, without departing to
any appreciable extent from the general direction of the coast

Internal Waters; the Archipelagic Principle

 Archipelagic Principle
o Formed by the assertion that the waters around, between and connecting the islands of the
archipelago, irrespective of their breadth and dimensions, form part of the internal waters of
the Philippines, together with the straight base line method
 Internal Waters
o Or inland waters, consists of all parts of the sea landwards from the baseline as well as inland
rivers and lakes
o All of them are subject to the exclusive sovereignty of the state to the same extent that the
land domain is
o Unlike territorial waters, it is not subject to the right of innocent passage by other states

Air space, the subsoil, the seabed, the insular shelves and other submarine areas
 Development of the law on outer space declared that sovereignty over air space extends only until
where outer space begins
 Provisions on seabed and subsoil were based on the Convention on the Territorial Sea and Contiguous
Zone adopted in Geneva in 1958
 The Convention on the Continental Shelf adopted in Geneva in 1958 allows a coastal state to exercise
over the continental shelf sovereign rights for certain purposes
 Sovereignty is claimed over the following, albeit the physical extent of these areas and the degree of
control over them were left undefined:
1. Air space
2. Subsoil
3. Seabed
4. Insular or continental shelves
5. Other submarine areas

1982 Convention on the Law of the Sea (LOS or UNCLOS)

 Archipelago, Archipelagic State
o Archipelagic State
 a State constituted wholly by one or more archipelagos and may include other islands
o Archipelago
  a group of islands, including parts of islands, interconnecting waters and other natural
features which are so closely interrelated that such islands, waters and other natural
features form an intrinsic geographical, economic, and political entity, or which
historically have been regarded as such
o Under the above definition of an archipelago, Batanes Islands should be considered part of the
archipelago and not just of other territories outside the archipelago
 Territorial Sea
o Distinct from its inland and internal waters, consist of a marginal belt of maritime waters
adjacent to the base lines extending 12 nautical miles outward
o Outside the territorial sea are the High Seas
o If application of 12 mile rule results to overlapping to neighboring littoral states, the rule is that
the dividing line is a median line equidistant from the opposite baselines
o Equidistant Rule – does not apply where historic title or other special circumstance requires a
different measurement
 Baselines
o Low-water line along the coast as marked on large scale charts officially recognized by the
coastal state
o Width of the territorial sea is measured from the baseline
o 2 ways of drawing the baseline:
1. Normal Baseline
 One drawn following the low-water line along the coast as marked on large-scale
charts officially recognized by the coastal state
 This line follows the sinuosities of the coast and therefore would normally not
consist of straight lines
 There is no fixed norm for determining the low water mark
2. Straight Baseline
 Is observed by Archipelagic States
 Drawn connecting selected points on the coast without appreciable departure
from the general shape of the coast
 This was first upheld in the Anglo-Norwegian Fisheries Case
 RA 3046 and RA 5446 have drawn straight baselines around the Philippines
o Provisions on baselines found in Article 47 of 1982 UNCLOS:
1. An archipelagic State may draw straight archipelagic baselines joining the outermost
points of the outermost islands and drying reefs of the archipelago provided that within
such baselines are included the main islands and an area in which the ratio of the area
of the water to the area of the land, including atolls, is between 1 to 1 or 9 to 1
2. Length of such baseline shall not exceed 100 nautical miles, except that up to 3% of the
total number of baselines enclosing any archipelago may exceed that length, up to a
maximum length of 125 nautical miles
3. The drawing of such baselines shall not depart to any appreciable extent form the
general configuration of the archipelago
4. Such baselines shall not be drawn to and from low-tide elevations, unless lighthouses or
similar installations which are permanently above sea level have been built on them or
where a low-tide elevation is situated wholly or partially at a distance not exceeding the
breadth of the territorial sea of another State
5. The system of such baselines shall not be applied to an archipelagic State in such a
manner as to cut-off from the high seas or the exclusive economic zone, the territorial
sea of another State
 6. If a part of the archipelagic waters of an archipelagic state lies between 2 parts of an
immediately adjacent neighboring state, existing rights and all other legitimate interests
which the latter State has traditionally exercised in such waters and all rights stipulated
by agreement between those States shall continue and be respected
7. For the purpose of computing the ratio of water to land under paragraph 1, land areas
may include waters lying within the fringing reefs of islands and atolls, including that
part of a steep-sided oceanic plateau which is enclosed or nearly enclosed by a chain of
limestone islands and drying reefs lying on the perimeter of the plateau
8. The baselines drawn in accordance with this article shall be shown on charts of a scale
or scales adequate for ascertaining their position. Alternatively, lists of geographical co-
ordinates of points, specifying the geodetic datum, may be substituted
9. The archipelagic State shall give due publicity to such charts or lists of geographical
coordinates and shall deposit a copy of each such chart or list with the Secretary-
General of the UN

 Sovereignty over territorial waters

o A state exercises sovereignty over its territorial sea subject to the right of innocent passage
o Innocent Passage – passage not prejudicial to the interests of the coastal State nor contrary to
recognized principles of international law
o Coastal states have the unilateral right to verify the innocent character of passage, and it may
take necessary steps to prevent passage that it determines to be not innocent
 Archipelagic waters
o Internal or inland waters
o Consist of all parts of the sea landwards from the baseline as well as inland rivers and lakes
o Unlike territorial waters, is not subject to the right of innocent passage by other states
o This is in conflict with UNCLOS, because as per UNCLOS:
 Where the establishment of a straight baseline in accordance with the method set forth
in Article 7 has the effect of enclosing as internal waters areas which had not previously
been considered as such, a right of innocent passage as provided in this convention shall
exist in those waters
 In effect, UNCLOS provision established a right of innocent passage over waters which
the Philippine Constitution considers as internal
 Aware of this conflict, the Phil. Government, in signing the Law of the Sea Convention,
made a few reservations:
1. The provisions of the Convention on archipelagic passage through sea lanes do
not nullify or impair the sovereignty of the Philippines as an Archipelagic State
over the sea lanes and do not deprive it of authority to enact legislation to
protect its sovereignty, independence, and security
2. The concept of archipelagic waters is similar to the concept of internal waters
under the Constitution of the Philippines, and removes straits connecting these
waters with the economic zone or high sea from the rights of foreign vessels to
transit passage for international navigation

 Insular Shelf or continental shelf or archipelagic shelf

o Refers to:
a. The seabed and subsoil of the submarine areas adjacent to the coastal state but outside
the territorial sea, to a depth of 200 km or, beyond that limit, to where the depth allows
exploitation
 b. The seabed and subsoil of areas adjacent to islands
o Coastal state has the right to explore and exploit its natural resources, to erect installations
needed, and to erect a safety zone over its installations with a radius of 500m

National Territory in the 1987 Constitution

 There was a recognition of the fact that such an article on national territory would have an educational
value and there was apprehension that it would be difficult to explain why after the 1935 and 1973
provisions on national territory the new Constitution should fail to provide for one
 “all other territories over which the Philippines has sovereignty or jurisdiction”
o The word “has” was of broader scope than “exercises” so that it clearly allowed juridical
retention of a territory even when it was physically wrested by a stronger force
o Imported a durative or continuative sense – meaning it included any territory over whichever
the Philippines then had sovereignty or jurisdiction, even if such territory should temporarily be
controlled by an invading force, and any other territory over which the Philippines might
establish sovereignty or jurisdiction in the future
o Did not abandon any claim to Sabah or to any other territory but left all such matters to
determination through international processes
o It was also meant to take care of a situation where any invading force might take away from the
Philippines temporary control over all or a portion of its territory
 “…its terrestrial, fluvial, and aerial domains, including the territorial sea, the seabed, the subsoil, the
insular shelves, and other submarine areas thereof”
o Rephrasing was to introduce a logical sequencing and a summary of the elements that make up
the Philippine territory

o Terrestrial domain
 Includes all surfaces of land above the sea, these are the ones included within the base
lines of the archipelago
o Fluvial domain
 Includes the inland waters: bays and rivers, streams, as well as internal waters or the
waters of the sea, landwards from the baselines
o Aerial domain
 Includes the air directly above its terrestrial and fluvial domains. Aerial domain extends
up to where outer space begins, directly over our land and water territories
o Territorial sea
 Margin or belt of maritime waters adjacent to our base lines up to the extent of 12
nautical miles
o Seabed
 Directly underneath the territorial sea
o Insular or Continental Shelves
 Submarine area that is directly under the water beyond the territorial sea, up to the
edge of the continental margin, regardless of the depth of the superjacent waters
 Under international law, the continental shelf, namely, the seabed and subsoil of the
submarine area, belongs to us

Summary and Conclusion

 The Treaty of Paris is the 1935 Constitution’s principal point of reference for the delineation of
Philippine territory
  The 1973 Constitution affirmed Philippines title to the Batanes Islands by “historic right”
 Under the 1987 Constitution, this is covered by the clause “other territories over which the Philippines
has sovereignty or jurisdiction”
 Moreover, under the definition of Archipelago in UNCLOS, the Batanes Islands can be considered part
of the archipelago
 1973 Constitution ensured the possibility of claiming other territories on the basis of “historic right or
legal right”
 However, the 1987 version, relies on generally accepted principles of international law which
recognized legal modes of establishing legal claim of territory
 If Sabah, the Marianas, and Freedom Land should eventually be recognized by the world as annexed to
the Philippines, it will be in virtue of “historic or legal right” independent of the 1973 and 1935
constitution
 The 1987 version merely removed language possible offensive to an ASEAN neighbor and achieved a
more logical sequencing of the elements that make up the territory but preserved everything else
found in the 1973 Constitution

ARTICLE 2 – DECLARATION OF PRINCIPLES AND STATE POLICIES

PRINCPLES

SECTION 1
The Philippines is a democratic and republican State. Sovereignty resides in the people and all government
authority emanates from them

Title of the Article

 Counterpart of this article in the 1935 Constitution was simply entitled “Declaration of Principles”
o The basic creed of the nation
o Lays down the policies that the government is bound to observe, with exception to Section 4,
which refers to the duty of the citizen to serve the State
o These provisions prescribe the fundamental obligations of the government, particularly the
legislative and executive departments as its policy determining organs
o In general, the 1935 provisions were not intended to be self-executing principles ready for
enforcement through the courts
o They were rather directives addressed to the executive and to the legislature
o If the executive and legislature failed to heed the directives of the article, the available remedy
was not judicial but political, meaning the electorate could express their displeasure through
the language of the ballot
o They also obligated the judiciary to be guided by the provisions in the exercise of the power of
judicial review
 1973 Constitution changed the title of the article to “Declaration of Principles and State Policies”
 Ballooned from 5 sections in 1935, and 10 sections in 1973, to 28 sections
 Principles
o Are binding rules which must be observed in the conduct of government
o There are 6 Principles
 Policies
o Guidelines for the orientation of the state
  The distinction between both is of little significance because not all the 6 principles are self-executory,
and some of the policies already anchor justiciable rights

Definition and elements of “State”

 The states are the repositories of legitimated authority over peoples and territories
 The definition of the concept of state is:
1. People – a community of persons more or less numerous
2. Territory – occupying a definite portion of territory
3. Sovereignty – independent of external control
4. Government – possessing an organized government to which the great body of inhabitants
render habitual obedience
 State is a legal concept, while nation is a racial or ethnic concept
 But for purposes of the Constitution, the word state is interchangeable with nation

People
 As an element of a state, means a community of persons sufficient in number and capable of
maintaining the continued existence of the community and held together by a common bond of law
 Meaning of the word in each case depends on the context where it is found
o Ex. In section 1, the word people refers to the segment of the political society wherein legal
sovereignty lies; hence, it has reference to the electorate or to that segment of the political
community which can establish or alter the fundamental law

Territory
 A definite territory, consisting of land and waters and air space above them and the submarine areas
below them
 However, an entity does not necessarily cease to be a state even if all its territory has been occupied by
a foreign power or if it has otherwise lost control of its territory temporarily, according to the
Restatement on the Foreign Relations Law of the United States

Government
 That institution or aggregate of institutions by which an independent society makes and carries out
those rules of action which are necessary to enable men to live in a social state, or which have imposed
upon the people forming that society by those who possess the power or authority prescribing them
 Revised Administrative Code (1917) defined the Government of the Republic of the Philippines as:
o The Government of the Philippine Islands is a term which refers to the corporate government
entity though which the functions of government are exercised throughout the Philippine
Islands, including, save, as the contrary appears from the context, the various arms through
which political authority is made effective in said islands, whether pertaining to the central
Government or to the provincial or municipal branches or other form of local government
 On the national scale, the term “government of the Philippines” refers to the 3 great departments
mandated by the Constitution:
1. Legislative
2. Executive
3. Judicial
 On the local level, it means:
1. Regional
2. Provincial
3. City
 4. Municipal
5. And Barrio governments
 It is the national government that has legal personality and is internationally responsible for the
actions of other agencies and instrumentalities of the state
 Does not include government entities which have given a corporate personality separate and distinct
from the government
 Government – institution through which the state exercises power
 Administration – consists of the set of people currently running the institution
 Functions of the government are classified into:
1. Constituent functions (governmental) – compulsory functions, which constitute the very bonds
of society
o The keeping of order and providing for the protection of persons and property from
violence and robbery
o The fixing of the legal relations between man and wife and between parents and
children
o The regulation of the holding, transmission, and interchange of property, and the
determination of its liabilities for debt or for crime
o The determination of contract rights between individuals
o The definition and punishment of crime
o The administration of justice in civil cases
o The determination of the political duties, privileges, and relations in citizens
o Dealings of the State with foreign powers, the preservation of the state from external
danger or encroachment and the advancement of its international interest
2. Ministrant functions () – optional functions of government intended for achieving a better life
for the community

Government de jure and de facto

 On the basis of legitimacy, governments are classified into:
1. De facto (in fact)
o It is a legal truism that all acts and proceedings of the legislative, executive, and judicial
departments of a de facto government are good and valid
o Kinds of de facto governments:
a. Government that gets possession and control of, or usurps, by force or by the
voice of the majority, the rightful legal government and maintains itself against
the will of the latter
b. Established and maintained by military forces who invade and occupy a territory
of the enemy in the course of war, and which is denominated a government of
paramount force
c. Established as an independent government by the inhabitants of a country who
rise in insurrection against the parent state
2. De jure (in law)

Government under the 1986 Freedom Constitution

 First question that must be asked in studying fundamental law is:
 By what authority is the Constitution promulgated?
 Corazon Aquino set up a revolutionary government
o It was revolutionary in the sense that it came into existence in defiance of the existing legal
processes
 o She won it through the extra-legal action taken by the people
o It was not despotic since the Provisional Constitution contained a Bill of Rights which also
bound the President and all officials of government, and since the actions of the President were
subject to judicial review

Presidential and parliamentary government

 Presidential form of government
o was adopted in 1935 Constitution, borrowed from the American system
o its principal feature is the “separation of powers”
o Legislative power – is given to the Legislature whose members hold office for a fixed term
o Executive power – given to a separate Executive who also holds office for a fixed term
o Judicial power – is held by an independent Judiciary
o By establishing equilibrium among the 3 power holders, harmony will result, power will not be
concentrated, and thus tyranny will be avoided
o Because of the prominent position which the system gives to the President as chief executive,
it is designated as presidential form of government
 The original 1973 Constitution adopted a still-born parliamentary system
 Essential features of Parliamentary form of government are:
1. The members of the government or cabinet or the executive arm, are, as a rule,
simultaneously members of the legislature
2. The government, or cabinet, consisting of the political leaders of the majority party or of a
coalition who are also members of the legislative, is in effect a committee of the legislature
3. The government or cabinet has a pyramidal structure at the apex of which is the Prime Minister
or his equivalent
4. The government or cabinet remains in power only for as long as it enjoys the support of the
majority of the legislature
5. Both government and legislature are possessed of control devices with which each can demand
of the other immediate political responsibility
 The presidential system embodies interdependence by separation and coordination
 Parliamentarism embodies interdependence by integration
 Constitutional revision of 1981 preserved the essence of presidentialism

Sovereignty
 The source of ultimate legal authority
 The capacity to conduct international relations is an aspect of sovereignty
 Since the ultimate law in the Philippine system is the constitution, sovereignty, understood as legal
sovereignty, means the power to adapt or alter a constitution. This power resides in the people
understood as those who have a direct hand in the formulation, adoption, and amendment or
alteration of the Constitution
 Legal Sovereignty – supreme power to make laws
 Political Sovereignty – sum total of all the influences in a state, legal and non-legal, which determine
the course of law
 Sovereign authority is not always directly exercised by the people, it is normally delegated by the
people to the government and to the concrete persons in whose hands the powers of government
temporarily reside
 Thus, public office is a public trust
 Ours is a government of laws and not of men
 o Sovereignty of the people also includes the concept that government officials have only the
authority given them by law and defined by law, and such authority continues only with the
consent of the people
 Constitutive theory – recognition by other states constitutes a state, it is what makes a state a state
and confers legal personality on the entity
 Declaratory theory – recognition is merely declaratory of the existence of the state and that its being a
state depends upon the possession of the required elements and not upon recognition

Democratic and republican state

 Republican form of government
o One constructed on this principle, that the supreme power resides in the body of the people
o Its purpose therefore is to guarantee against 2 extremes:
1. Against monarchy and oligarchy
2. Against pure democracy
o Derives all its power directly or indirectly from the great body of people, and is administered by
persons holding their offices during pleasure, for a limited period, or during good behavior
o Is one whose sovereignty resides in the people and where all government authority emanates
from the people
 Initiative and referendum – aspect of direct democracy

SECTION 2
The Philippines renounces war as an instrument of national policy,

adopts the generally accepted principles of international law as part of the law of the land

and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all persons ( Self-
Executing)

Renunciation of war
 3 parts to section 2:
1. Renunciation of war
2. Adoption of the principles of international law
3. Adheres to a policy of peace, freedom and amity with all nations
 Renunciation of was inspired by the Kellog-Briand Pact of August 27, 1928, which renounced wars of
aggression
 This is all that the Constitution renounces, for the power to wage a defensive war is the very essence
of sovereignty

Incorporation of International Law

 Acceptance of the dualist view of legal systems, namely domestic law and international law
 International law becomes part of municipal law only if it is incorporated into municipal law
 What section 2 does is to make international law part of the law of the land
 Doctrine of Transformation
o International law can become part of municipal law only if it is transformed into domestic law
through the appropriate constitutional machinery such as an act of parliament
 Doctrine of Incorporation
 o The law of nations, wherever any question arises which is properly the object of its jurisdiction,
is here adopted in its full extent by the common law, and it is held to be part of the law of the
land
o Second part of section 2 accepts the doctrine of incorporation
o This provision makes the Philippines one of the states which make a specific declaration that
international law has the force also of domestic law
 International law therefore can be used by the Philippine courts to settle domestic disputes in much
the same way that they would use the Civil Code or the Penal Code and other laws passed by Congress
 Since treaties become part of Philippine law only by ratification, the principle of incorporation applies
only to customary law and to treaties which have become part of customary law

Adherence to policy of peace, freedom, amity

 It is seen that the guiding principle of Philippine foreign policy will be, as it is with all other nations, the
national interest
 However, constitutionally, the provision is without real significance; the decision whether to establish
or not to establish such relations remain a policy question addressed to the discretion of the political
departments

SECTION 3
Civilian authority is, at all times, supreme over the military.

The armed forces of the Philippines is the protector of the people and the State. Its goal is to secure the
sovereignty of the State and the integrity of the national territory

Civilian supremacy
 Came as a legacy of the American conquerors
 As politics get into the army, the army gets into politics, hence it was necessary to make the principle
supremacy of civilian authority

Role of the Armed Forces

 Protector of the people
o Make it act as corrective to military abuses experienced during martial rule
 Purpose is to secure the sovereignty of the state and the integrity of the people
o Is a political role
o Disapproval of military abuses and guardianship of state sovereignty, which of course means
sovereignty of the people
 The armed forces can be a legitimate instrument for the overthrow of a civilian government that has
ceased to be a servant of the people

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 or civil service.

Compulsory military and civil service; protection of people and State

 Compulsory military service does not constitute involuntary servitude and violate the Constitution

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

Peace and order, general welfare

 Recognized the hierarchy of rights:
1st – Life
2nd – Liberty
3rd – Property

SECTION 6
The separation of Church and State shall be inviolable

Separation of Church and State

 This provision is discussed under the non-establishment clause of the Bill of Rights

SECTION 7
The State shall pursue an independent foreign policy. In its relations with other states the paramount
consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-
determination

An independent foreign policy

 The word relations covers the whole gamut of treaties and international agreements and other kinds of
intercourse
 This section is the closest reference to military bases that a dominant majority in the Commission
would allow

SECTION 8
The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear
weapons in its territory.

A policy of freedom from nuclear weapons

 The ban is only on nuclear arms – that is the use and stockpiling of nuclear weapons, devices, and
parts thereof
 Provision is NOT a ban on the peaceful uses of nuclear energy nor is it a ban on all “nuclear-capable
vessels”
 However, the intention is not for the ban of nuclear arms to be absolute. Deviations must be justified
on the basis and the crucible or test of national interest
o Ex. Passage of ships, whether nuclear-powered or nuclear-arms-bearing

SECTION 9
The State shall promote a just and dynamic social order that will ensure the prosperity and independence of
the nation and free the people from poverty through policies that provide adequate social services, promote
full employment, a rising standard of living, and an improved quality of life for all.

Social order
 The prime concern of the State is the promotion and establishment of a socio-political and economic
system that will ensure the independence of the nation and aims to secure for the people the benefits
 of full employment, a high standard of living, equality in economic opportunities, security in old age,
and other basic human rights

SECTION 10
The state shall promote social justice in all phases of national development.

Social Justice
 Due Process – both a procedural restraint and substantive restraint upon governmental action
 Social Justice
o justice to the common “tao,” the “little man” so-called
o It means justice to his wife, and children in relation to their employers in the factories, in the
farms, in the mines, and in other employment’s
o It means justice to him in the education of his children in the schools, in his dealings with the
different offices of government, including the courts of justice.
 Declarations of Principles advocated that: those who have less should have more in law
 The promotion of social justice to insure the well-being and economic security of all the people is a
vital principle in our Constitution
 Sec. 6, Article XIII of the Constitution – is a realization of this and declares that the State “shall afford
protection to labor, especially to working women and minors, and shall regulate the relations between
land-owner and tenant, and between labor and capital in industry and in agriculture”
 Government became clearly recognized as equipped with sufficient power to push forward a land
reform and labor program designed to ameliorate the conditions of the masses
 When the law is clear and valid, it simply must be applied; but when the law can be interpreted in
more ways than one, an interpretation that favors the underprivileged must be followed
 In the new Constitution, Social Justice covers all phases of national development but with emphasis not
just on the socio-economic but also on political and cultural inequities

SECTION 11
The state values the dignity of every human person and

guarantees full respect for human rights.

Personal dignity and human rights

 The concretization of this provision is found principally in the Bill of Rights and in the human rights
provisions of Article XIII

SECTION 12
The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic
autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from
conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency
and the development of moral character shall receive the support of the Government.

The family as basic social institution

 The continuing constitutional policy is for the protection of the family as a basic social institution. Thus,
in annulment cases, any doubt should be resolved in favor of the validity of marriage
 Positively, the provision enjoined the state to strengthen the family; Negatively, it prohibited the state
from adopting measures which can impair the solidarity of the Filipino family
 The Family – stable heterosexual relationship whether formalized by civilly recognized marriage or not.
  Calling the family a “basic” social institution is an assertion that the family is an anterior to the state
and is not a creature of the state
 The categorization of the family as “autonomous” is meant to protect the family against
instrumentalization of the State

Protection of the Unborn

 It does not assert that the unborn is a legal person; nor does it deny, however, that the state under
certain conditions might regard the unborn as a person
 It does not assert that the life of the unborn is placed on exactly the same level as the life of the
mother
 It recognizes that, when necessary to save the life of the mother, it may be necessary and legitimate to
sacrifice the life of the unborn
 It, however, denies that the life of the unborn may be sacrificed merely to save the mother from
emotional suffering or to spare the child from a life of poverty
 The provision is intended to prevent the liberalization of abortion laws
 The unborn’s entitlement to protection begins from “conception”
 The intention is to protect life from its beginning, and the assumption is that human life begins at
conception and that conception takes place at fertilization
 Respect for life manifested by the provision harmonizes with the abolition of the death penalty and
the ban on nuclear arms

Natural right and duty of parents

 Modern society recognizes the indispensable role which the modern state has to play in the field of
education
 This role is performed by the state either through state established schools or through state regulation
of private institutions of learning
 The rights of parents is superior to the rights of the state
 This provision also highlights the inherent duty of the state to act as parens patriae and to protect the
right of persons and individuals who because of age or inherent incapacity are in unfavorable position
vis-à-vis other parties.
 The Court has held that while the authority of the school is generally confined within the school
campus, schools may take disciplinary action:
o In respect to violations of school policies in connection with school sponsored activities, or
o Where the misconduct affects the student’s status or the good name or reputation of the
school

SECTION 13
The State recognizes the vital role of the youth in nation-building and shall promote and protect their
physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth nationalism, and
encourage their involvement in public and civic affairs.

SECTION 14
The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before
the law of women and men.

Equality of women and men

 The provision makes the more important assertion that there exists a fundamental equality of women
and men before the law
  There was, however, no intent to advocate absolute sameness because there are obvious biological
differences between men and women
 It was precisely to make room for these natural differences that the provision was made to read
“fundamental equality before the law”

SECTION 15
The state shall protect and promote the right to health of the people and instill health consciousness among
them (Self-executing)

 This is discussed under Article XIII, Sections 11 to 13 as an aspect of social justice

SECTION 16
The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with
the rhythm and harmony of nature (Self-executing)

Right to a balanced and healthful ecology

 A desire to make environmental protection and ecological balance objects of police power
 Police power – the capacity of the State to regulate behavior and enforce order within their territory
for the betterment of the health, safety, morals, and general welfare of their inhabitants
 This provision first found application in Oposa vs Factoran, Jr.
o Case involved 34 minors who went to the court represented by their parents pleading the cause
of “inter-generational responsibility” and “inter-generation justice” and asking the Supreme
Court to order the Secretary of Natural Resources to cancel all existing timber license
agreements

SECTION 17
The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism
and nationalism, accelerate social progress, and promote total human liberation and development.

Education, science and technology, arts, culture and sports

 Meant to be the flagship for Article XIV. It sees education and total human development as the
gateway not only to intellectual and moral development but also to economic development and the
cultivation of the yearning for freedom and justice.

SECTION 18
The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote
their welfare

Labor
 The 1973 Constitution adopted the provisions of the 1935 Constitution with the additional injunction
that the state should “promote full employment and equality in employment, ensure equal work
opportunities regardless of sex, race, or creed,” and “assure the rights of workers to self-organization,
collective bargaining, security of tenure, and just and humane conditions of work”
 It is the living wage of workers which is the basis of a stable economy
 The preservation of the lives of the citizens is a basic duty of the State, more vital than the
preservation of the profits of the corporation
  The assurance of equality in employment and work opportunities regardless of sex, race, or creed is
also given by the equal protection clause of the Bill of Rights
 Gives protection to Filipinos against discrimination within their own country
 An assertion of the primacy of human dignity over things
 “Primary” social economic force
 Labor is always a primary and efficient cost while capital remains a mere instrumental cost
 It is really an assertion of the supremacy of human dignity over things
 We will notice that all the means by which a person appropriates natural resources and transforms
them in accordance with his need are the result of the historical heritage of human labor

SECTION 19
The state shall develop a self-reliant and independent national economy effectively controlled by Filipinos

SECTION 20
The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides
incentives to needed investments

Nationalist economy and private initiative

 Sections 19 and 20 represent two of the pillars of the economic policy of the Constitution
 Section 19 – commands an independent and nationalist approach to economic development
 Section 29 – affirms that the private sector is an indispensable engine of development
 Both are fully discussed under Article 12

SECTION 21
The State shall promote comprehensive rural development and agrarian reform

Comprehensive rural and agrarian policy

 Rural development is not just agricultural development but rather it encompasses a broad spectrum of
social, economic, human, cultural, political, and even industrial development

SECTION 22
The State recognizes and promotes the rights of indigenous cultural communities within the framework of
national unity and development.

The welfare of indigenous cultural communities

 Had among objectives the “banning and rectifying of erroneous allusions to ethnic minorities in books,
museums, other institutions and records of government”

SECTION 23
The State shall encourage non-governmental, community-based, or sectoral organizations that promote the
welfare of the nation

Community-based private organizations

 Recognizes the principle that volunteerism and participation of non-governmental organizations in
national development should be encouraged
SECTION 24
The State recognizes the vital role of communication and information in nation-building

Communications
 Significant about this provision, is the commission refused to impose “a social responsibility” on media
on the reasoning that imposing such duty will open the door for the state to require media to follow a
certain line

SECTION 25
The State shall ensure the autonomy of local governments

Local autonomy
 Under the 1935 constitution, local governments were purely creatures of the legislature
 Their creation and the extent of their powers in relation to the national government were at the
discretion of the legislature
 Widest participation of the citizenry in government is best manifested in the smallest government unit
 Criteria for Autonomy:
1. Autonomy should be compatible with national goals
2. Autonomy should ensure widest participation and initiative to the local government unit
3. Autonomy should assure the development of self-reliant communities
 Barrio
o existing, smallest social unit
o the development of the barrio as a self-reliant community must be fostered by local autonomy
 Local autonomy is discussed further in Article X of the 1987 Constitution

SECTION 26
The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as
may be defined by law

Political Dynasties
 The thrust in this provision is to impose on the state the obligation of guaranteeing equal access to
public office
 Although the provision speaks in terms of service, it is meant to be a blow in the direction of
democratizing political power
 By including this provision, we widen the opportunities of competent, young and promising poor
candidates to occupy important positions in the government
 The establishment of political dynasties is an effective way of monopolizing and perpetuating power
 Hence, the state is commanded to prohibit political dynasties

SECTION 27
The State shall maintain honesty and integrity in the public service and take positive and effective measures
against graft and corruption

SECTION 28
Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public
disclosure of all its transactions involving public interest

Honesty and integrity in public service

 The right to information guarantees the right of the people to demand information
 This provision recognizes the duty of officialdom to give information even if nobody demands
 The provision, however is not self-executory

ARTICLE VI – THE LEGISLATIVE DEPARTMENT

SECTION 1
The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a
House of Representatives, except to the extent reserved to the people by the provision on initiative and
referendum

A Bicameral body
 Bicameral body – Jones Law provided for a bicameral legislature
 National Assembly – a unicameral body adopted in the 1935 Constitution
 Bicameral Congress consists of:
1. Senate – elected by the nation at large
2. House of Representatives – elected by district
 Batasang Pambansa – a unicameral body created by the constitutional revision in 1981. Was overtaken
by the Feb 1986 Revolution and was abolished by President Aquino.
 Unicameralism advantages:
1. Simplicity of organization resulting in economy and efficiency, facility in pinpointing
responsibility for legislation
2. Avoidance of duplication, and
3. Strengthening of the legislature in relation to the executive
 Arguments for Bicameralism:
1. An upper house is a body that looks at problems from the national perspective
2. Bicameralism allows a more careful study of legislation
3. Is less vulnerable to attempts of the executive to control the legislature
Nature of Legislative Power
 Legislative power
o The authority to makes laws and to alter and repeal them
o As vested by the Constitution in Congress, it is a derivative and delegated power
 The Constitution is the work or will of the people themselves, in their original, sovereign, and unlimited
capacity
 Law is the work or will of the legislature in their derivative and subordinate capacity
 The Constitution is the work of the Creator, and the law of the creature
 The Constitution fixes limits to the exercise of legislative authority, and prescribes the orbit within
which it must move
 Constitution embodies a grant of plenary (absolute, complete) legislative power
 Any power, deemed to be legislative by usage and tradition, is necessarily possessed by Congress,
unless the organic act has lodged it elsewhere
 Congress alone can make laws and may not delegate its law-making power
 This is the principle of non-delegability of legislative power
  Congress cannot pass irrepealable laws.

Separation of powers
 Presidential System
o Introduced by the 1935 Constitution which allocated the three great powers of government:
legislative, executive, and judicial
 Among the 3 distinct departments, one basic corollary was the principle of separation of powers
 This principle operated as an implicit limitation on legislative power as on the two other powers
 Under the Parliamentary System in 1973
o The principle remained applicable as between the judiciary on one hand, and the legislature
and the executive department on the other; however, as between the legislature and the
executive department, cooperation and not separation was the operative principle
 Separation of Powers means that legislation belongs to Congress, execution to the executive,
settlement of legal controversies to the judiciary
 Each is prevented from invading the domain of the other, but the system is not total
 The system allows for “checks and balances”
 Purpose of Separation of Powers and “checks and balances” is to prevent concentration of powers in
one department and thereby to avoid tyranny

Limits on legislative power

 In constitutional governments, as well as governments acting under delegated authority, the powers of
each department are limited and confined within the 4 walls of the constitution or charter, and each
department can only exercise such powers as are expressly given and such other powers as necessarily
implied from the given powers
1. Substantive Limitations
o Circumscribe both the exercise of the power itself and the allowable subjects of legislation
o Chiefly found in the Bill of Rights
2. Procedural Limitations
o Prescribes the manner of passing bills and the form they should take

The holders of legislative power: Congress; people through initiative and referendum; President in
emergency
 In republican constitutional theory, the original legislative power belongs the people who, through the
Constitution, confer derivative legislative power on the legislature
 But the grant of national legislative power to Congress under 1987 Constitution is not exclusive, due to
the statement “except to the extent reserved to the people by the provision on initiative and
referendum”
 This new provision derives from the lesson drawn from past experience whereby the people have
realized that legislative assemblies cannot always be trusted to do what is best for the people
 Hence, the people have reserved to themselves the authority to correct legislative mistakes or to
supplement legislative inadequacies whether on the national level or on the level of local legislation
 Initiative where people can directly propose and enact laws
 Referendum is where people approve or reject any act or law
 Registration of a petition for initiative and referendum must be signed by at least 10 % of the total
number of registered voters, of which every legislative district must be represented by at least 3% of
the registered voters thereof
 RA 6735 – An Act Providing for a System of Initiative and Referendum and Appropriating Funds
Therefore
  Power of Initiative and Referendum
o The power of the people directly to “propose and enact laws or approve or reject any act or
law or part thereof passed by Congress or local legislative body”

Non-delegability of legislative power

 3 distinct ideas why Legislative Power cannot be delegated:
1. Doctrine of separation of powers
o Why go to the trouble of separating the 3 powers of government if they can straight-
way remerge on their own motion?
2. Concept of due process of law
o Precludes the transfer of regulatory functions to private persons
3. Maxim of agency “Delegata porestas non potest delegari”
o It is a breach of the national fundamental law if Congress gives up its legislative power
and transfers it to the President, or to the Judicial branch, or if by law it attempts to
invest itself or its members with either executive power or judicial power
 In spite of the principle of non-delegability of legislative power, it is common knowledge that
numerous statues have been passed creating administrative agencies and authorizing them to
exercise vast regulatory powers. The rules and regulations they issue have the force of law
 Justification of this Phenomenon:
1. A non-legislative body may be authorized to “fill up the details” of a statute
2. Congress may pass contingent legislation, that is, legislation which leaves to another body the
business of ascertaining the facts necessary to bring the law into actual operation
o Under both, the function performed by the administrative agency is not law-making but law-
execution
 In order to ensure that the power delegated by the legislature is not law-making power, the statute
making the delegation must:
1. Be complete in itself
o Must set forth therein the policy to be carried or implemented by the delegate
o Without a statutory declaration of policy, the delegate would in effect, make or
formulate such policy, which is the essence of every law
2. Fix a standard
o The limits of which are sufficiently determinate or determinable
o Without a standard, there would be no means to determine, with reasonable certainty,
whether the delegate has acted within or beyond the scope of his authority
 Provided the above requirements of completeness and sufficiency of standards are satisfied,
regulations passed by an administrative body pursuant to the delegation made by the statute are just
as binding as if the regulation had been written in the original statue itself
 As a result of the growing complexity of the modern society, it has become necessary to create more
and more administrative bodies to help in the regulation of its ramified activities. Specialized in the
particular field assigned to them, they can deal with the problems thereof with more expertise and
dispatch than can be expected from the legislature or the courts of justice
 Jurisprudence has promulgated 3 rules for an administrative regulation to have the force of penal law
it is necessary that:
1. Such violation be made a crime by the delegating statute itself
2. The penalty be provided by the statute itself
3. The regulation be published

Developments in jurisprudence
  The doctrine on non-delegability was well established and the trend was towards a liberal recognition
of the phenomenon of “subordinate legislation”
 What cannot be delegated is the authority under the Constitution to make laws and to alter and repeal
them; the test is the completeness of the statute in all its term and provisions when it leaves the hands
of legislature
 The legislature does not abdicate its function when it describes what job must be done, who is to do it,
and what is the scope of his authority
 For a complex economy, that may indeed by the only way in which legislative process can go forward
 Administrative agencies may not issue regulations that contravene law

Exceptions to Non-Delegability
 Local government may be allowed to legislate on purely local matters
 This is sanctioned by immemorial practice
 Since what is given to local legislative bodies is true legislative powers and not just the power to
promulgate rules and regulations, it is not necessary that the delegating statute follow the rules for
valid delegation applicable to the empowerment of administrative agencies
 It is sufficient that the statute indicates the subject matter over which the local law-making agency may
legislate
 On the local level the principle of separation of powers does not apply strictly between the executive
and the law-making body. Hence, a local law-making agency may be given executive functions

Legislative power – the authority to make laws and to alter or repeal them

Non-Legislative Powers of Congress:

1. Decision of election protests
2. Legislative investigation
3. Declaration of the existence of a state of war
4. Canvass of presidential elections
5. Concurrence of treaties and international agreements
6. Confirmation of presidential elections
7. Confirmation of amnesties, impeachment
8. Amendment to or revision of the Constitution

1987 Constitution – vests these legislative and non-legislative powers unto Congress, except those reserved to
the people by the provision of initiative and referendum

Administrative Order – an ordinance issued by the President which relates to specific acts in the
administrative operation of government

Separation of Powers – fundamental principle in our system of government, which obtains not through
express provision but by actual division in our Constitution. Designed to secure action and at the same time
obtain efficiency and prevent despotism

Legislative Power – shall be vested in the Congress

Executive Power – shall be vested in the President

Judicial Power – shall be vested in one Supreme Court and in such lower courts as may be established by law
Bill presentment – process where the president can veto a bill

A Delegated Power Cannot be Re-delegated, except:

1. Delegation of tariff power to the President
2. Delegation of emergency power to the President
3. Delegation to the people-at-large
4. Delegation to the local governments
5. Delegation to administrative bodies

SECTION 2
The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of
the Philippines, as may be provided by law

Composition and election of Senate

 The Constitution has pegged the total membership of the Senate at 24
 Bicameralism could achieve quality legislation by providing a small senate
 The smaller number suggested superior quality and that a number higher than 24 would tend to dilute
the quality of the Senate
 The number can be changed only by constitutional amendment
 Election at Large
o Senatorial candidates submit themselves to a vote of the entire national electorate
o This manner of electing Senators can only be changed by constitutional amendment
o The reason for election at large is to satisfy the desire that the Senate look on problems from
the national and not parochial perspective

SECTION 3
No person shall be a Senator unless he is a natural-born citizen of the Philippines and, on the day of the
election, is at least thirty-five years of age, able to read and write, a registered voter, and a resident of the
Philippines for not less than two years immediately preceding the day of the election

Qualification of Senators
 Deliberations on this revealed that:
1. Residence requirement is satisfied if one is domiciled in the Philippines even if not physically
present in the Philippines during the 2-year period
2. Age qualification must be possessed on the day the votes are cast as fixed by law and not on
the day of proclamation

SECTION 4
The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at
noon on the thirtieth day of June next following their election.

No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office for any
length of time shall not be considered as an interruption in the continuity of his service for the full term of
which he was elected

The term of Senators; staggering of terms

 A Senator could run again three years after the expiration of his second term
  Senatorial elections take place every 3 years and all are elected for a six-year term

SECTION 5
(1) The House of Representatives shall be composed of not more than two hundred and fifty members,
unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the
provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective
inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law,
shall be elected through a party-list system of registered national, regional, and sectoral parties or
organization

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

(3) Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent
territory. Each city with a population of at least two hundred fifty thousand, or each province, shall
have at least one representative

(4) Within three years following the return of every census, the Congress shall make a reapportionment of
legislative districts based on the standards provided in this section

Composition of the House of Representatives

 Total membership of the House may be raised from time to time by statute
 When one of the municipalities of a congressional district is converted into a city large enough to
entitle it to one legislative district, the incidental effect is the splitting of the district into 2
 The COMELEC has no authority to correct the imbalance, arising from either the creation of a new
province or a new city, by the transfer of municipalities from one district to another
 Correction of the imbalance must await the enactment of a reapportionment law
 Kinds of Representatives:
1. District Representatives
o Elected by Districts
o Each province, and each city with a population of 250K is entitled to at least one district
2. Party Representatives
o Elected thru the party-list system
3. Sectoral Representatives
o However, will last only for 3 consecutive terms after the ratification of the Constitution
o After the lapse of such period, there will remain only district and party representatives

District representatives
 Underlying principle behind rule for apportionment is the concept of equality of representation which
is a basic principle of republicanism
 One man’s vote should carry as much weight as the vote of every other man
 In a Representative System, this equality is ensured by requiring all that the representatives represent
as much as possible an equal number of constituents
  This can be achieved by either by making representatives represent district of equal sizes in terms of
inhabitants or by requiring that larger representative districts should be entitled to more
representatives

Apportionment
 Gerrymandering – creation of representative districts out of separate portions of territory in order to
favor a candidate
 Each province is entitled to one representation no matter what its population size
 Frequency of reapportionment will depend partly on the frequency of censuses

Sectoral representation and party-list representation

 Sectoral Representations
o The idea of giving meaningful representation, particularly to the farmers and the workers,
would be the Commission’s humble gesture of extending protection to the interests of these
groups which are not adequately attended to in formal legislative deliberations
 Party-list Representations
o Under the party list system there are no reserved seats for sectors
o Laborers and farmers can form a sectoral party or a sectoral organization that will then register
and present candidates of their party
o Under the party list system, every voter has 2 votes, so there is no discrimination
1. Vote for the representative of his legislative district
2. Vote for the party or organization or coalition he wishes to be represented in the
Congress
 Much of the discussion on the party-list system revolves around the question of how sectors, especially
disadvantaged sectors of society, should be represented
 As a compromise, ½ of the seats allocated to party-list representatives will be reserved for sectoral
representatives who will be chosen as provided by law
 Original List of Sectors to be Represented:
1. Labor
2. Peasant
3. Urban Poor
4. Youth Sectors
5. Indigenous Cultural Communities
6. Women
 A member of the religious sector may become a sectoral representative but not as a representing the
religious sector
 In sum, section 5 provides 2 regimes:
1. A temporary regime of sectoral representation (for 3 consecutive terms)
2. A permanent party-list or proportional representation regime

Jurisprudence on the party-list system:

 RA 7941 – is the current Party-List Law
o When it was first implemented in 1998, the major political parties, according to the terms of
the statute, were excluded from participation
 Parties, organizations, and coalitions participating in the system is required to obtain at least 2% of the
total votes cast in order to be entitled to a party-list seat
 o To ensure that only those parties, organizations, and coalitions having a sufficient number of
constituents deserving of representation were actually represented in Congress
 Those garnering more than this percentage may have additional seats in proportion to their total
number of votes
 No winning party, organization, or coalition may have more than 3 seats in the House of
Representatives
 20% prescription of the Constitution was merely a maximum limit to the number of party-list
representatives but the maximum need not be filled
 The party list system is a social justice tool designed not only to give more law to the great masses of
our people who have less in life, but also to enable them to become veritable lawmakers themselves,
empowered to participate directly in the enactment of laws designed to benefit them
 The Court laid down guidelines for the COMELEC to apply in deciding which organizations qualified
o Among the guidelines was the requirement that the parties or organizations must represent
the marginalized and underrepresented sector
o Even political parties must comply with this requirement
 The Court sees the party-list system not as a proportional system of representation designed to
strengthen democracy but as a “sectoral representation” meant to promote social justice
 The deliberations of the Constitutional Commission were clearly to the contrary
 No such ideological requirement is found in Section 6 of Article VI, neither does RA 7941 prescribe an
ideological qualification
 In fact, according to section 6, the only difference in qualifications between district representatives and
party-list representatives is that a party list representative does not represent a district and therefore
need not have resided in a single district for at least 1 year immediately preceding the election.
 In addition, neither does RA 7941 prescribe an ideological qualification

SECTION 6
No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the
Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, and,
except the party-list representatives, a registered voter in the district in which he shall be elected, and a
resident thereof for a period of not less than one year immediately preceding the day of the election.

Qualifications of district and party-list Representatives

 Natural-born Citizens, according to the Constitution, “are those who are citizens of the Philippines
from birth without having to perform any act to acquire or perfect their Philippine Citizenship”
o Those who elect Philippine citizenship in accordance with p. 3, Sec. 1 of Article 4 shall be
deemed natural-born citizen
o p. 3, Sec.1, Article 4 – Those born before Jan. 17, 1973, of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority
 A natural born citizen who loses his citizenship by naturalization in another country but later is
repatriated recovers his status of being a natural-born citizen and therefore is qualified to be a
member of Congress
 The term “residence” as used in the election law is synonymous with “domicile” which imports not
only intention to reside in a fixed place but also personal presence in that place coupled with conduct
indicative of such intention
 In order to acquire a domicile by choice, there must concur:
1. Residence or bodily presence in the new locality
2. An intention to remain there
3. An intention to abandon the old domicile
  Residence is not necessarily lost even through prolonged absence:
o A citizen may leave the place of his birth to look for greener pastures, to improve his lot, and
that, of course includes study in other places, practice of his avocation, or engaging in business
 Reason for residency requirement is to exclude a stranger or newcomer, unacquainted with the
conditions and needs of a community and not identified with the latter, from an elective office to serve
that community
 It should be noted that the Constitution does not use the word “domiciled,” but uses the word
“resident”
 There is a legally recognized difference between residence and domicile
o Residence means a place of abode, whether permanent or temporary
o Domicile means permanent residence to which one, when absent, has the intention to return
 Residence in other words is not necessarily domicile, but domicile is necessarily residence
 To establish a new domicile of choice, a personal presence in the place must be coupled with conduct
indicative of that intention
o It requires a declared and probable intent to make it one’s fixed and permanent place of abode,
one’s home

o To successfully effect a change of domicile:

1. Must demonstrate an actual removal or an actual change of domicile
2. A bona fide intention of abandoning the former place of residence
3. Establishing a new one and definite acts which correspond with the purpose

SECTION 7
The Members of the House of Representatives shall be elected for a term of three years which shall begin,
unless otherwise provided by law, at noon on the thirtieth day of June next following their election

No Member of the House of Representatives shall serve for more than three consecutive terms. Voluntary
renunciation of the office for any length of time shall not be considered as an interruption in the continuity of
his service for the full term for which he was elected

Term of Representatives
 3-year term set by the Constitution may not be changed by Congress
 Term refers to the period of time allotted to the office by law
 Tenure is the period of time during which the official actually holds office
 Old Rule:
o Any elective official whether national or local running for any office other than one he is
holding in a permanent capacity except for the President and Vice-President shall be considered
ipso facto resigned from his office upon filing of his certificate of candidacy
 New Rule, established by the Fair Election Law:
o A national elective official does not terminate his tenure by the mere fact of having filed for
candidacy to a position different from what he is holding

SECTION 8
Unless otherwise provided by law, the regular election of the Senators and the Members of the House of
Representatives shall be held on the second Monday of May

SECTION 9
In case of vacancy in the Senate or in the House of Representatives, a special election may be called to fill
such vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives
thus elected shall serve only for the unexpired term

Filling vacancies
 Service of the unexpired term will be counted as one term for purposes of counting the number of
allowable successive terms
 The holding of special elections is not mandatory, and if held, no set date is prescribed for it
 The right and duty to hold special election emanates from the statute and not from a call for the
elections by some authority like the COMELEC

SECTION 10
The salaries of Senators and Members of the House of Representatives shall be determined by law. No
increase in said compensation shall take effect until after the expiration of the full term of all the Member of
the Senate and the House of Representatives approving such increase

Salary of Senators and Representatives

 Although the term of Representatives is only 3 years, the term of senators is 6 years, thus it is only
after the expiration of the 6-year term of Senators who approved the increase that the increase in
salary becomes effective
 No provision on per diems, emoluments, and allowances is in the Constitution, the prohibition of
immediate increase in the 1987 text refers only to “salaries,” the fixed annual amount

Allowances
 There is no legal limit
 The limit will only be moral, arising from the realization that, according to Section 20, the records and
books of accounts of Congress shall be open to the public in accordance with law and that such books
shall be audited by the Commission on Audit which shall publish annually the itemized expenditures for
each member

SECTION 11
A Senator or Member of the House or Representatives shall, in all offenses punishable by not more than six
years imprisonment, be privileged from arrest while the Congress is in session. No Member shall be
questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee
thereof

Privilege from arrest

 Covers only immunity from civil arrests
 The immunity applies for as long as Congress is in session, whether or not the legislator is actually
attending it
 One who has been convicted does not enjoy immunity from arrest
 Members of Congress are not exempt from detention of crime
o They may be arrested, even when the House is in Session, for crimes punishable by a penalty
of more than 6 months
o There is no basis whatsoever for treating him differently from other convicts

Parliamentary freedom of speech and debate

  It is a guarantee of immunity from answerability before an outside forum but not from answerability to
the disciplinary authority of Congress itself
 To come under the guarantee of the “speech or debate” must be made “in the Congress or in any
committee thereof
 The essential requirement for its applicability has always been that the action involved must be
legislative action
 Legislative action refers to the deliberative and communicative process by which members participate
in committee and House proceedings in the consideration of proposed legislation or of other matters
that the Constitution places within the jurisdiction of the legislature
 In sum, the Speech and Debate clause prohibits inquiry only into those things generally said or done in
the House in the performance of official duties and the motivation of those acts

Limit and scope of Immunity of the “Speech and Debate Clause”:

1. Guarantee of immunity from answerability before an outside forum but not from answerability to the
disciplinary authority of Congress itself
2. To come under the guarantee the “speech or debate” must be one made “in the Congress or in any
committee thereof”
Note: this requirement, however, does not refer merely to the locale of the “speech or debate” but,
more importantly, also to its nature

SECTION 12
All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full
disclosure of their financial and business interests. They shall notify the House concerned of a potential
conflict of interest that may arise from the filing of a proposed legislation of which they are authors

Financial and business interests

 This limit does not prevent the legislator from filing the proposed legislation
 It merely enables the House to examine the arguments he might present with a sharper eye and in the
context of his personal interest

SECTION 13
No Senator or Member of the House of Representatives may hold any other office or employment in the
Government, or any subdivision, agency, or instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he be
appointed to any office which may have been created or the emoluments thereof increased during the term
for which he was elected

Disqualifications
 The prohibited offices include membership in the board of regents, board of trustees, or board of
directors of state universities and colleges
 Since the prohibition is only during his tenure, a legislator is not prevented from accepting an
appointment
 However, if he chooses to accept another office, he automatically forfeits his seat in Congress
 The disqualification in the second sentence applies for the duration of the 6-year term, even if he
resigns from Congress before the end of his term
 To come under this disqualification, 2 conditions must concur
 1. The office must be civil
2. Such office must have been created or its emoluments increased “while he was a member” of
the legislature
o But under the 1987 provision, the office need not be a civil one, it could be a military office

SECTION 14
No Senator or Member of the House of Representatives may personally appear as counsel before any court of
justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies. Neither shall he,
directly, or indirectly, be interested financially in any contract with, or in any franchise or special privilege
granted by the Government, or any subdivision, agency, or instrumentality thereof, including any government-
owned or controlled corporation, or its subsidiary, during his term of office. He shall not intervene in any
matter before any office of the Government for his pecuniary benefit or where he may be called upon to act
on account of his office

Prohibitions: lawyer legislators

 Intended to prevent members of Congress from taking advantage, pecuniary or otherwise, of their
position in their dealings with the courts, or in their business operations, or in their dealings with any
government agency or corporation
 This does not prohibit the law firm to which the legislature may be a partner from appearing before
any court of justice
 It is quite clear that the personality of a law partnership is distinct from that of its partners

Prohibitions: conflict of interests

 They cannot be members of the board of corporations with contract with the government. Such would
be at least indirect financial interest

SECTION 15
The Congress shall convene once every year on the fourth Monday of July for its regular session, unless a
different date is fixed by law, and shall continue to be in session for such number of days as it may determine
until thirty days before the opening of its next regular session, exclusive of Saturdays, Sundays and legal
holidays. The President may call a special session at any time

Sessions of Congress
 Sessions may last for as long as Congress wishes but only until 30 days before the opening of its next
regular session, exclusive of Saturdays, Sundays and legal holidays
 The president is given power to call a session and to specify subjects he wants considered, but it does
not empower him to prohibit considerations of other subjects
 After all, Congress, if it so wishes, may stay in regular session almost all year round.

SECTION 16
(1) The Senate shall elect its President and the House of Representatives, its Speaker, by a majority vote
of all its respective Members. Each House shall choose such other officers as it may deem necessary

(2) A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn
from day to day and may compel the attendance of absent Members in such manner, and under such
penalties, as such House may provide
 (3) Each House may determine the rules of its proceedings, punish its Members for disorderly behavior,
and, with the concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty of
suspension, when imposed, shall not exceed sixty days

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

(5) Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for
more than three days, nor to any other place than that in which the two Houses shall be sitting

Officers of Congress
 Officers of Congress, prescribed by the Constitution:
1. Senate President
2. Speaker of the House of Representatives

A Quorum to do Business
 The base for computing the majority of the legislative body for the purpose of determining the
existence of a quorum should be the total membership of the body

Purpose to Keep a Journal:

1. To insure publicity to the proceedings of the legislature, and a correspondent responsibility of the
members to their respective constituents
2. Provide proof of what actually transpired in the legislature

Journal – an abbreviated account of the daily proceedings

Record – contains a word for word transcript of the deliberations of Congress

Enrolled Bill – a duly authenticated copy of a bill or resolution bearing the signature of the Speaker and of the
Senate President and the certification of the secretaries of both Houses that such bill was passed

Recess – neither House may adjourn without the consent of the other, for more than 3 days nor to any place
than that in which the 2 Houses shall be sitting
SECTION 17
The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole
judge of all contests relating to the election, returns, and qualifications of their respective Members. Each
Electoral Tribunal shall be composed of nine members, three of whom shall be Justices of the Supreme Court
to be designated by the Chief Justice, and the remaining six shall be Members of the Senate or the House of
Representatives, as the case may be, who shall be chosen on the basis of proportional representation from the
political parties and the parties or organizations registered under the party-list system represented therein.
The senior Justice in the Electoral Tribunal shall be its Chairman

Two Electoral Tribunals – are a mixture of members of Congress and the Supreme Court, thus reflecting both
the respect for parliamentary sovereignty and the need for legal impartial decisions.

Scope and Power of Electoral Tribunals:

 o being the sole judge, it emphasizes the exclusive character of the jurisdiction conferred upon each
House
o This exclusive grant of jurisdiction at once effectively barred either House from interference with the
judgement of the other House and also completely removed the subject matter from the jurisdiction of
the courts in language that was full, clear, and complete

Electoral Commission – sole judge of all contests relating to the elections, returns, and qualifications of all
members of the National Assembly in the 1935 Constitution

Election Contest – relates only to statutory contests in which the contestant seeks not only to oust the
intruder, but also have himself inducted into office

Commission on Elections – under the 1973 Constitution, were given this power since there was no Electoral
Tribunal

COMELEC in 1987 Constitution – decides who the winner is in an election and administers all election laws

Jurisdiction between COMELEC and Electoral Tribunal:

o in election contests, the jurisdiction of the Comelec ends once a candidate has been proclaimed and
has taken his oath of office as Member of Congress
o Jurisdiction then passes to the Electoral Tribunal of either the House or the Senate
o This is true even if there is an allegation that the proclamation was invalid, and the Tribunal will decide
that too

Election Law Policy – pre-proclamation controversies should be summarily decided, consistent with the law’s
desire that the canvass and proclamation be delayed as little as possible.

Scope of pre-proclamation controversy under the Omnibus Election Code:

1. Incomplete returns
2. Returns with material defects
3. Returns which appeared to be tampered with, falsified or prepared under duress
4. Containing discrepancies in the votes credited to any candidate the difference of which would
affect the results

RA 1766 – prescribed NO pre-proclamation controversies were allowed for President, VP, Senators, and
House of Representatives except in the case of “manifest error” in the certificate of canvass or election
returns

 American Jurisprudence points that the Constitution leaves the legislature “without power to exclude any
member-elect who meets all the Constitution’s requirements for membership”

 Basic rule in statutory construction is that where the law does not distinguish, the courts should not
distinguish
 Electoral Tribunals are not part of either House of Congress, they are independent constitutional creations
which have power to create their own rules. They are also independent of the COMELEC.

Jurisdiction of Electoral Tribunals:

 o Jurisdiction is on “Election Protests” in the statutory sense, thus they do not have jurisdiction over pre-
proclamation controversies which come under the jurisdiction of COMELEC
o Tribunals are the “sole judge” of legislative election contests, hence their decisions on such
controversies are not subject to appeal to the Supreme Court

Supreme Court – has the authority “to determine whether or not there has been grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government”

SECTION 18
There shall be a Commission on Appointments consisting of the President of the Senate, as Ex-officio
Chairman, twelve Senators and twelve Members of the House of Representatives, elected by each House on
the basis of proportional representation from the political parties and parties or organizations registered
under the party-list system represented therein. The Chairman of the Commission shall not vote, except in
case of a tie. The Commission shall act on all appointments submitted to it within thirty session days of the
Congress from their submission. The Commission shall rule by a majority vote of all the Members

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

Commission on Appointments:
o Total complement is 25
o Although it is formed through the instrumentality of the 2 Houses of Congress, once formed, it is
independent of Congress
o The powers of the Commission do not come from Congress, but emanate directly from the
Constitution, and its functions are purely executive in nature
o As an independent body, it can promulgate its own rules and the Supreme Court cannot pass upon the
correctness of the interpretation placed by the Commission of its own rules

Function of the Commission on Appointments:

o Consent to or confirm nominations or appointments submitted to it by the President pursuant to
Article VII, Section 16
o Thus, is intended to serve as an administrative check on the appointing authority of the President
o Shall act on all appointments within 30 session days of Congress and should rule by majority vote

SECTION 20
The records and books of accounts of the Congress shall be presented and be open to the public in
accordance with law, and such books shall be audited by the Commission on Audit which shall publish annually
an itemized list of amounts paid to and expenses incurred for each Member

SECTION 21
The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid
of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in or
affected by such inquiries shall be respected
Legislative Investigation:
 o The power of inquiry – with process to enforce it, is an essential and appropriate auxiliary to the
legislative function
o A legislative body cannot legislate wisely or effectively in the absence of information
o No person can be punished for contumacy as a witness unless his testimony is required in a matter into
which the legislature or any of its committees has jurisdiction to inquire

Limitations on the Power of Legislative Investigation:

1. It must be in aid of legislation
o investigation shall imply suggestion of contemplated legislation
2. It must be in accordance with its duly published rules of procedure
o Rules of procedure must be republished by the Senate after every expiry of the term of 12
Senators
o Electronic data equivalent to a written letter as stated in RA 8792 is for evidentiary purposes
only
o Internet is not an official medium for publishing laws, rules and regulations
3. The rights of persons appearing in or affected by such inquiries shall be respected
o Legislative investigation must be subject to the limitations placed by the Constitution on
governmental action, as in the Bill of Rights
o It emphasizes such fundamentals as the right against self-incrimination and unreasonable
searches and seizures and the right to demand, under due process, that Congress observe its
own rules

SECTION 22
The heads of departments may upon their own initiative, with the consent of the President, or upon the
request of either House, as the rules of each House shall provide, appear before and be heard by such House
on any matter pertaining to their departments. Written questions shall be submitted to the President of the
Senate or the Speaker of the House of Representatives at least 3 days before their scheduled appearance.
Interpellations shall not be limited to written questions, but may cover matters related thereto. When the
security of the State or the public interest so requires and the President so states in writing, the appearance
shall be conducted in executive session

Congress and Heads of Departments:

o Information given by Secretaries would improve the quality of legislation
o Tenor of the provision was permissive, thus nobody adverted to the possibility or need of enforcement
through formal legislative summonses or through the use of legislative contempt powers because
everything would be a gentlemanly game between equals
o The appearance of department heads would not be mandatory but directory
o The President may or may not consent to the appearance of department heads, and even if he does,
he may require it to be in executive session. Reciprocally, Congress may refuse the initiative taken by
the department secretary
o Under Section 21, Department Heads may be summoned

Department Head – alter ego of the President

Under Section 21 Hearings, anyone may be summoned, EXCEPT:

1. President
2. Justices of the Supreme Court
Note: nor may a court prevent a witness from appearing in such hearing
  In defense to Separation of powers, however, and because Department Heads are alter egos of
the President, they may not appear without the permission of the President

Oversight Function of Congress:

o Section 22 establishes the rule for the exercise of the “Oversight Function” of Congress
o It enables Congress to determine how laws it has passed are being implemented

SECTION 23
(1) The Congress, by a vote of 2/3 of both Houses in joint session assembled, voting separately, shall have
the sole power to declare the existence of a state of war

(2) In times of war or other national emergency, the Congress may, by law, authorize the President, for a
limited period of time and subject to restrictions as it may prescribe, to exercise powers necessary
and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the
Congress, such powers shall cease upon the next adjournment thereof

Declaration of the Existence of a State of War:

o War is defined as armed hostilities between two states
o Phrasing emphasizes the fact that the Philippines, according to Article II, Section 2, renounces
aggressive war as an instrument of national policy
o Provision does not prohibit the waging of a defensive war even in the absence of a declaration of war
or the declaration of the existence of a state of war
o While the constitution gives to the legislature the power to declare the existence of a state of war and
to enact all measures to support the war, the actual power to make war is lodged in the executive
power which holds the sword of war
o Executive Power – when necessary, may make war even in the absence of a declaration of war

Delegation of Emergency Powers:

o This authorizes delegation of real legislative power to the President
o Emergency powers would include the power to rule by “executive fiat”

2 Limits on Emergency Powers:

o Can be given only “for a limited period”
 If Congress does not set a limit, Powers may be withdrawn by:
a. resolution of the Congress
b. automatic cessation upon the next adjournment
o Subject to such restrictions as the Congress may provide
 Thus, emergency powers can be as narrow or as broad as the Congress may make them

SECTION 24
All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local
application, and private bills shall originate exclusively in the House of Representatives, but the Senate may
propose or concur with amendments

Appropriation Bill – purpose is to set aside a sum of money for public use
Revenue or Tariff Bills – strictly for the raising of revenues

Bills of Local Application – those whose reach is limited to specific localities, such for instance as the creation
of a town

Private Bills – those which affect private persons, such for instance as a bill granting citizenship to a specific
foreigner

 The theory behind the rule requiring that these originate in the House of Representatives is that the district
Representatives are close to the pulse of the people than senators are and are therefore in a better position
to determine both the extent of the legal burden they are capable of bearing and the benefits that they
need

 Constitutional rule is that these bills must “originate exclusively” from the House of Representatives. But
once the House has approved such bills and passed it on to the Senate, the Senate can complete overhaul
it, by amendment of parts or by amendment by substitution, and come out with the one completely
different from what the House approved.
o It does not matter whether the Senate already anticipated a bill from the House and formulated one to
take the place of whatever the House might send. Textually, it is the “bill” itself which must exclusively
originate from the House; but the law itself which is the product of the total bicameral legislative
process originates not just from the House but from both the Senate and the House

SECTION 25
(1) The Congress may not increase the appropriations recommended by the President for the operation of
the Government as specified in the budget. The form, content, and manner of preparation of the
budget shall be prescribed by law

(2) No provision or enactment shall be embraced in the general appropriations bill unless it relates
specifically to some particular appropriation therein. Any such provision or enactment shall be limited
in its operation to the appropriation to which it relates

(3) The procedure in approving appropriations for the Congress shall strictly follow the procedure for
approving appropriations for other departments and agencies

(4) A special appropriations bill shall specify the purpose for which it is intended, and shall be supported
by funds actually available as certified by the National Treasurer, or to be raised by a corresponding
revenue proposal therein.

(5) No law shall be passed authorizing any transfer of appropriations; however, the President, the
President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the
Supreme Court, and the heads of Constitutional Commissions may, by law, be authorized to augment
any item in the general appropriations law for their respective offices from SAVINGS in other items of
their respective appropriations

(6) Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to
be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law

(7) If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill
for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed
 re-enacted and shall remain in force and effect until the general appropriations bill is passed by the
congress

Limits on Power to Appropriate:

o The provision “No money shall be paid out of the Treasury except in pursuance of an appropriation
made by law” is a limit not on the power of Congress but on the disbursing authority of the executive
department

Explicit Restrictions on the Power of Congress in Article 6, Sections 24, 25, 29, and Article 7, Section 22:
1. All appropriation, revenue or tariff bills authorizing increase of the public debt, bills of local application
and private bills shall originate exclusively in the House of Representatives, but the Senate may
propose or concur with amendments
2. Congress may not increase the appropriations recommended by the President for the operation of the
Government as specified by the budget
3. The Congress may not clutter the general appropriation law with provisions not specifically related to
some particular item of appropriation, and every such provision shall be limited in its operation to the
appropriation item to which it relates
4. Congress may not adopt a procedure for approving appropriations for itself different from the
procedure for other appropriations
5. Special appropriation bills must specify the purpose for which they are intended and must be
supported by funds certified as available by the National Treasurer. If the funds are not available, the
special appropriation bill must provide a corresponding revenue proposal
6. Congress has limited discretion to authorize transfer of funds
7. Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to
be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law
8. Congress cannot cripple the operation of the government by its failure or refusal to pass a general
appropriations bill
9. Section 29(2) prohibits the expenditure of public money or property for religious purposes. The scope
of this prohibition is discussed under the religion clause of the Bill of Rights
10. The general appropriation law must be based on the budget prepared by the President

Implicit Limitation:
o Public money can be appropriated only for a public purpose. This limitation arises from the relation
between the power to spend and the power to tax
o The Right of the legislature to appropriate public funds is correlative with its right to tax, and under
constitutional provisions against taxation except for public purposes

Prohibition of Increase:
o Historic practice is that the presidential budget may be decreased but not increased, intended to
prevent big budget deficits

Prohibition of “riders” in appropriation bills:

o Provisions unrelated to the appropriation bill are considered prohibited riders

President’s Control over Money Legislation is given by:

1. “Rule on riders” combined with President’s power of “item-veto”
2. Doctrine on “inappropriate provisions”
Transfer of Funds:
o Provision is intended to afford the heads of the different branches of the government and those of the
constitutional commissions flexibility in the use of public funds
o Purpose of augmenting an item and such transfer may be made only if there are savings from another
item
o Indiscriminate transfers without regard as to whether the funds are savings is unconstitutional

Appropriations must be for Public Use:

o The power to appropriate is as broad as the power to tax
o The test of the constitutionality of a statute requiring the use of public funds is whether the statute is
designed to promote the public interest, as opposed to the furtherance of the advantage of individuals,
although such advantage to individuals might incidentally serve the public

SECTION 26
(1) Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title
thereof

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

Subject and Title of Bills; General Prohibitions of Riders:

o The requirement of bills having one subject in the title is mandatory and not directory and compliance
with it is essential to the validity of legislation
o Purpose for one subject in the title:
a. To prevent hodge-podge or log-rolling legislation
b. To prevent surprise or fraud upon the legislature by means of provisions in bills of which the
titles gave no information, and which might therefore be overlooked and carelessly and
unintentionally adopted
c. To fairly appraise the people, through such publication of legislative proceedings as is usually
made, of the subjects of legislation that are being considered, in order that they may have
opportunity of being heard thereon by petition or otherwise if they shall so desire
o The title should inform the legislator, the persons interested in the subject of the bill, and the public, of
the nature, scope, and consequences of the proposed law and its operation

Three Readings:
o In order to ensure a more thorough study of the bills, it is required that there are three separate
readings and also that the separate readings be on “separate days” and that printed copies of the bill
in its final form should be distributed three days before its passage

SECTION 27
 (1) Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he
approves the same, he shall sign it; otherwise, he shall veto it and return the same with his objections
to the House where it originated, which shall enter the objections at large in its Journal and proceed to
reconsider it. If, after such reconsideration, 2/3 of all the members of such House shall agree to pass
the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be
reconsidered, and if approved by 2/3 of all the Member of that House, it shall become a law. In all such
cases, the votes of each House shall be determined by yeas or nays, and the names of the Members
voting for or against shall be entered in its Journal. The President shall communicate his veto of any
bill to the House where it originated within 30 days after the date of receipt thereof; otherwise, it shall
become a law as if he had signed it
(2) The President shall have the power to veto any particular item or items in an appropriation, revenue,
or tariff bill, but the veto shall not affect the item or items to which he does not object

2 Steps Required before a Bill becomes a Law:

1. It must be approved by both Houses of Congress
2. It must be approved by the President
 If not acted within 30 days after the receipt of the bill, the bill automatically becomes a law
Note: Final approval of a bill does not make it immediately effective. Laws become effective only after
adequate publication

Roll Call Vote is required when:

1. Upon the last and third readings of a bill
2. At the request of 1/5 of the Members present
3. In re-passing a bill over the veto of the President

Effectivity of Laws:
o Laws shall take effect after 15 days following the completion of their publication in the Official Gazette,
unless it is otherwise provided

Conference Committees:
o In a bicameral system, bills are independently processed by both Houses of Congress
o Consists of members nominated from both Houses, is an extra-constitutional creation of Congress
whose function is to propose to Congress ways of reconciling conflict provisions found in the Senate
version and in the House version of a bill

Veto Power:
o The constitution has given to the President an instrument of control over legislation completed by
Congress
o But congress may override a presidential veto by a vote of 2/3 of all its members
o As a general rule, if the President disapproves a provision in a bill approved by Congress, he should
veto the entire bill. He is not allowed to veto separate parts of a bill while retaining others

Exceptions to Allow to Veto separate parts of a bill while retaining others, or item-veto are in cases of:
1. Appropriation Bill – one whose purpose is to set apart a certain sum form the public revenue for a
specified purpose
2. Revenue Bill – intended to levy taxes in the strict sense of the word and do not include bills for other
purposes which incidentally create revenue
3. Tariff Bill – imposes duties or imposts whether for revenue or for regulation
An Item in a Bill
o Is the particulars, the details, the distinct and severable parts of the bill. It can be an entire section of a
bill or a severable portion of a section
o It is an indivisible sum of money dedicated to a stated purpose
o Item which in itself is a specific appropriation of money, not some general provision of law

Doctrine of Inappropriate Provisions:

o The provision that is constitutionally inappropriate for an appropriation bill may be singled out for
veto even if it is not an appropriation or revenue “item”
o Any provision or condition in an appropriation bill which in the judgment of the President violates the
Constitution may be vetoed separately from the entire bill without need to veto the appropriation to
which they are attached
o This is a judge-made rule which expands the “item-veto”

Executive “Impoundment”:
o Refusal of the President to spend funds already allocated by Congress for a specific purpose

SECTION 28
(1) The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of
taxation

(2) The Congress may, by law, authorize the President to fix within specified limits, and subject to such
limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and
wharfage dues, and other duties or imposts within the framework of the national development
program of the government

(3) Charitable institutions, churches and parsonages or convents appurtenant thereto, mosques, non-
profit cemeteries, and all lands, buildings, and improvements actually, directly, and exclusively used
for religious, charitable, or educational purposes shall be exempt from taxation

(4) No law granting any tax exemption shall be passed without the concurrence of a majority of all the
Members of the Congress

Power of Taxation: Scope and purpose:

o The power to tax, like police power, is an inherent power of government
o Taxing power is of vital importance, it is essential to the existence of government. Hence, the power
need not be granted by the Constitution
o The primary and specific purpose to tax is to raise revenue
o The power to tax has been recognized as an instrument of national, economic, and social policy
o The power to tax has also been used as a tool for regulation
o “The power to keep alive,” tariffs are designed for the encouragement and protection of locally
produced goods against competition from imports

Limitations on the Power to Tax:

o It should be exercised only for a PUBLIC PURPOSE

Specific Limits on the Taxing Power: “Uniform and Equitable”:

 o Does not signify an intrinsic, but simply a geographical uniformity, when it operates with the same
force and effect in every place where the subject of it is found
 The uniformity rule does not prohibit classification for purposes of taxation

Uniformity in Taxation - persons or things belonging to the same class shall be taxed at the same rate

Equitable Taxation – means that the tax burden must be imposed according to the taxpayer’s capacity to pay

Equality in Taxation – tax imposed to be determined on the basis of the value of the property

Requirements for Valid Classification:

1. The classification must be based upon substantial distinctions which make real differences
2. It must be germane to the purpose of law
3. It must apply not only to present conditions but also to future conditions substantially identical to
those of the present
4. It must apply equally to all those who belong to the same class

Uniformity of Taxation simply means:

1. The standards that are used therefor are substantial and not arbitrary
2. The categorization is germane to achieve the legislative purpose
3. The law applies, all things being equal, to both present and future conditions
4. The classification applies equally well to all those belonging to the same class

Progressive system of taxation:

o A tax is progressive when the rate increases as the tax base increases

Tax Exemptions:
o Exemptions must be for public purpose, uniform and equitable, and in conformity with the equal
protection clause
Determining an Enterprise as Charitable Institution/Entity:
1. Statute creating the enterprise
2. Corporate purpose
3. Constitution and By-Laws
4. Methods of administration
5. Nature of the actual work performed

SECTION 29
(1) No money shall be paid out of the Treasury except in pursuance of an appropriation made by law

(2) No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly,
for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of
religion, or of any priest, preacher, minister, or dignitary is assigned to the armed forces, or to any
penal institution, or government orphanage or leprosarium

(3) All money collected on any tax levied for a special purpose shall be treated as a special fund and paid
out for such purpose only. If the purpose for which a special fund was created has been fulfilled or
abandoned, the balance, if any, shall be transferred to the general funds of the Government

Fiscal Powers of Congress:

 o Congress is the guardian of the public treasury
o Congress alone can authorize the expenditure of public funds through its power to appropriate
o The power to appropriate carries with it the power to specify not just the amount that may be spent
but also the purpose for which it may be spent
o After Congress has made the appropriations, it is the executive that actually spends the fund

SECTION 30
No law shall be passed increasing the appellate jurisdiction of the Supreme Court as approved in this
Constitution without its advice and concurrence

 Is a response to the concern that the Supreme Court might be swamped with jurisdictional concerns which
might inhibit it from an expeditious disposition of important cases
 It does not prohibit Congress from increasing the jurisdiction of the Supreme Court but simply prescribes
that any such increase should be with the advice and concurrence of the Court

SECTION 31
No law granting a title of royalty or nobility shall be enacted

 This law has traditionally been a part of the Bill of Rights

 No Filipino could accept honors, decorations or orders or titles of honor and nobility from foreign
nations without authorization of the government
 The government was also forbidden from establishing or granting them to any Filipino

SECTION 32
The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions
therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law or part
thereof passed by the Congress or local legislative body after the registration of a petition therefor signed by
at least 10% of the total number of registered voters, of which every legislative district must be represented by
at least 3% of the registered voters thereof

Initiative and Referendum:

o The current implementing law is RA No. 6735
o COMELEC – shall set a special registration day at least 3 weeks before a scheduled initiative or
referendum
o Election Registrar – shall verify the signatures on the basis of the registry list of voters, voters’ affidavits
and voter’s identification cards used in the immediately preceding election

Prohibited Subjects of an Initiative or Referendum:

1. No petition embracing more than 1 subject shall be submitted to the electorate
2. Statutes involving emergency measures, the enactment of which are specifically vested in Congress by
the Constitution, cannot be subject to referendum until 90 days after its effectivity
 Initiative and referendum makes Philippines a democratic State
 Laws passed through initiative and referendum cannot be vetoed by the President
 Congress can amend or repeal laws pass through initiative and referendum. This is an inherent
limitation of not enacting “irrepealable laws”
 This is in the same manner that the people can amend/repeal congress laws
Questions:
(a) After being designated as such HRET member, are political parties prohibited from replacing their
congressional representative in the electoral tribunal?

Answer: Yes. To be able to exercise its jurisdiction, HRET must be independent. Its independence would be a
myth if the House of Representatives may change its composition to serve the interests of the party in power.

Membership in the House Electoral Tribunal may not be terminated except for a just cause, such as, the
expiration of the member's congressional term of office, his death, permanent disability, resignation from the
political party he represents in the tribunal, formal affiliation with another political party, or removal for other
valid cause. A member may not be expelled by the House of Representatives for "party disloyalty" short of
proof that he has formally affiliated with another political group.

As judges, the members of the tribunal must be non-partisan. They must discharge their functions with
complete detachment, impartiality, and independence even independence from the political party to which
they belong.

(b) When does the jurisdiction of the Comelec end and when does the jurisdiction of the HRET begin?
Answer: Proclamation of a congressional candidate divests COMELEC of jurisdiction in favor of HRET
o Jurisdiction of the Comelec ends once a candidate has been proclaimed and has taken his oath of office
as Member of Congress.
o Jurisdiction then passes to the Electoral Tribunal of either the House or the Senate

(c) Answer:
1. The inhibition of the judges would leave the Tribunal no alternative but to abandon a duty that no
other court or body can perform but which it cannot lawfully discharge without the participation of its entire
membership
2. The Constitution has constituted the Tribunals as “sole judge” of legislative election contests, their
decisions on such controversies are not subject to appeal to the Supreme Court. However, the SC has the
authority to determine whether or not there has been a grave abuse of discretion amounting to lack or excess
of jurisdiction

Questions:
(a) Is it mandatory to fill-up the entire twelve-senator contingent from the senate?
Answer: No. Rounding up of appropriate composition was unconstitutional because it would deprive other
parties with a seat. Thus, in Guingona vs Gonzales, the court ruled that a full complement of 12
Senators was not mandatory.

The Constitution does not contemplate that the Commission on Appointments must include 12 Senators. The
commission on Appointments may function even if not fully constituted.

Section 21 and 22: QUESTION HOUR & INVESTIGATION

(a) Must the Rules on Question Hour and Investigation be published, to be effective?
Answer: Yes. Publication gives the notice that is required for due process since investigations can affect the
rights of non-members of Congress. Violations of these rules would be an offense against due process

(a) Without congressional authority, can the President declare a state of national emergency?
Answer: Yes. If the intention of the framers of the constitution was to withhold from the President the
authority to declare a state of national emergency pursuant to Section 18, article 7, and grant it to Congress,
then the framers could have provided so. Clearly, they did not intend that Congress (like the declaration of
war) should first authorize the President before he can declare a “state of national emergency”
The executive power, when necessary, can validly declare the existence of a state of national emergency even
in the absence of Congressional enactment. Article 7 Section 18 grants the President Such power

(b) Without congressional authority, can the President exercise emergency powers?
Answer: NO. This requires a delegation from Congress.

Questions:
(c) Answer: It will not prosper.
Constitutional rule is that these bills must “originate exclusively” from the House of Representatives. But once
the House has approved such bills and passed it on to the Senate, the Senate can complete overhaul it, by
amendment of parts or by amendment by substitution, and come out with the one completely different from
what the House approved.
o It does not matter whether the Senate already anticipated a bill from the House and formulated one to
take the place of whatever the House might send. Textually, it is the “bill” itself which must exclusively
originate from the House; but the law itself which is the product of the total bicameral legislative
process originates not just from the House but from both the Senate and the House

(b) Insertions of certain provisions that were neither in the House bill nor in the Senate bill is something that
the Court is not inclined to investigate since insertions are within the power of those committees to make
as long as the passage of the law complies with the constitutional requirements. Any issue concerning
alleged noncompliance with the governing rules of both houses regarding committee insertions have to be
internally resolved by each house.

Conference committees could be held in executive sessions and amendments germane to the purpose of the
bill could be introduced even if these were not in either original bill.

(a) Can the president veto a provision or a condition in a bill without vetoing the entire bill?
Answer: Doctrine of Inappropriate Provision. Any provision or condition in an appropriation bill which in the
judgment of the President violates the Constitution may be vetoed separately from the entire bill without
need to veto the appropriation to which they are attached

(b) What is an executive impoundment?

Answer: Refusal of the President to spend funds already allocated by Congress for a specific purpose

(c) Compare and distinguish: executive veto, legislative veto, and heckler’s veto
o Executive veto - The refusal of an executive officer to assent to a bill that has been created and
approved by the legislature, thereby depriving the bill of any legally binding
o Legislative veto - passed by a majority of congress, but not signed by the President
o Heckler’s veto - when the speaker's right is curtailed or restricted by the government in order to
prevent a reacting party's behavior. The common example is the termination of a speech or
demonstration in the interest of maintaining the public peace based on the anticipated negative
reaction of someone opposed to that speech or demonstration

ARTICLE VII – EXECUTIVE DEPARTMENT

SECTION 1
The Executive power shall be vested in the President of the Philippines

The Executive Power:

 In 1973 Constitution, executive power was with Prime Minister, and President was a mere “symbolic
head of the State”
 Marcos was both ceremonial President and Prime Minister in the 1973 Constitution
 In 1981, the 1973 Constitution was revised, and President was made again the head of state and chief
executive, while PM was reduced to being a ceremonial figure
 Intention was to invest the power holder with energy
 Powers of the President include:
o To appoint
o To ensure that the laws are faithfully executed
o To be Commander-in-Chief of the armed forces
o To grant clemency
o To contract foreign loans
o Foreign relations
 Has “residual powers” not specifically mentioned in the Constitution
 Is both head of State as well as head of government
 Execution of laws is only one of the powers of President, another is his power over the country’s
foreign relations
 Powers of the President cannot be said to be limited only to the specific powers enumerated in the
Constitution
 Executive power is more than the sum of specific powers so enumerated
 Whatever power inherent in the government that is neither legislative nor judicial has to be executive
 President upon whom executive power is vested, has unstated residual power which are implied from
the grant of executive power and which are necessary for him to comply with the duties under the
Constitution
 Powers are not limited to what are expressly enumerated in the Constitution
 Could exercise executive power from sources not enumerated, so long as not forbidden by the
constitutional text
 Inherent power is not synonym for power without limit, rather, it suggests that not all powers granted
in the constitution are themselves exhausted by internal enumeration, thus authority is implied unless
expressly limited
 Residual power should not be confused with the power to legislate

Ceremonial Functions:
 President is the ceremonial head of the government

Immunity from suit:

 There is no provision in the Constitution clothing the President with immunity from suit during his
tenure
 It was already understood in Philippine jurisprudence that the President may not be sued during his
tenure
 Basis of this assertion was case of Forbes, etc vs Chuoco Tiaco and Crossfield, a suit against Governor
General
 It means that he may not be personally mulcted in civil damages for the consequences of an act
executed in the performance of his official duties as public policy forbids it
  He is liable when he acts in a case so plainly outside of this power and authority that he cannot be said
to have exercised discretion
 It just means he will be protected from personal liability for damages not only when he acts within his
authority, but also when he is without authority, provided he actually used discretion and judgment,
that is, the judicial facility, in determining whether he had authority to act or not
 Entitled to protection in determining the question of his authority
 He is not protected if the lack of authority to act is so plain that two reasonably qualified men could
not honestly differ over its determination
 Rationale of this is to assure the exercise of Presidential duties and functions free from any hindrance
or distraction
 Reason for omission is It is understood in jurisprudence that during his tenure, he is immune from suit
 Non-sitting President does not enjoy immunity from suit , and a sitting president is not immune from
suit for non-official acts or for wrong doing

Executive privilege
 Power of the President to withhold certain types of information from the courts, the Congress, and
ultimately the public
 Types of information include:
1. Conversations and correspondence between the President and the public official covered by
the executive order
2. Military, diplomatic and other national security matters which in the interest of national
security should not be divulged
3. Information between inter-government agencies prior to the conclusion of treaties and
executive agreements
4. Discussion in close-door Cabinet meetings
5. Matters affecting national security and public order
 Premised on the fact that certain information must, as a matter of necessity, be kept confidential in
pursuit of the public interest
 The necessity must be of such high degree as to outweigh the public interest

The Cabinet
 Extra-constitutional creation
 Consists of Heads of Departments
 Serve at behest and pleasure of the President

Syllabus:
 Executive power – plainly the power to enforce and administer the laws
 Prime duty of the President – serve and protect the people
 Doctrine of Immunity from Suit – during his tenure of office or actual incumbency, President may not
be sued in any civil or criminal case, and there is no need to provide for it in a Constitution or Law
 Executive privilege – power of the President to withhold certain types of information from the courts,
the Congress, and ultimately the public
 Command Responsibility – responsibility of commanders for crimes committed by subordinate
members of the armed forces of other persons subject to their control in international wars or
domestic conflict

1. What is the significance of the president being head of state and chief executive?
Answer:
Head of State is “symbolic” in nature, a mere ceremonial figure, ceremonial head of the government, may
take part with real or apparent enthusiasm in a range of activities that would keep him running and posing
from sunrise to bedtime that may be solemn or priestly in nature.

Chief Executive is vested with the executive power, the power to enforce and administer the laws

2. What are the fundamental changes on the executive department under the 1987 constitution?
Answer: Return of the presidential model of the 1935 Constitution wherein the executive power is vested in
the President

3. What safeguards are provided in the Constitution that guarantee the independence of the President?
Answer: Vesting executive power in one person rather in a plural executive, the evident intention was to
invest the power holder with energy

4. Is the cabinet a constitutional body? What are the powers of the cabinet?
Answer: No, it is extra-constitutional creature. Principal officers through whom the President executes the
law.

Mere presidential advisers who meet with president regularly. They possess no authority over the President.
They serve to behest and pleasure of the President.

5. Can a cabinet member invoke executive privilege either in question hour or in legislative investigation?
Answer: NO, only the President may invoke executive privilege directly.

6. Can the president invoke executive privilege even if the matters discussed by him and his presidential
adviser borders on a criminal offense?
Answer: No. The necessity from the obligation to disclose must outweigh the public interest. Claim of privilege
may be valid or not depending on the ground invoked to justify it and it and the context to which it is claimed.

SECTION 2
No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter,
able to read and write, at least 40 years of age on the day of the election, and a resident of the Philippines for
at least 10 years immediately preceding such election

Qualifications of the President:

 Natural born citizen – citizens of the Philippines from birth without having to perform any act to
acquire or perfect the Philippine citizenship. Those who elect Philippine citizenship in accordance with
Par 3, Section 1 hereof shall be deemed natural-born citizens
 An illegitimate child of an American mother and a Filipino father is a natural born Filipino citizen if
paternity is proved
 One is a resident of the Philippines if he is “domiciled” there and must concur:
1. Bodily presence in the locality
2. Intention to remain there
3. Intention to abandon the old domicile
 Temporary physical absences are allowed provided that the domicile is never abandoned

Questions:
1. Without amending the constitution can congress increase the qualifications…
Answer: No, the constitution is clear and specific on the minimum requirements of the President
 2. Can the qualifications of a candidate for President be challenged prior to the elections?
Answer: No. Constitution is silent on the pre-proclamation controversies involving presidential
elections

SECTION 3
There shall be a Vice-President who shall have the same qualifications and term of office and be elected with
and in the same manner as the President. He may be removed from office in the same manner as the
President

The Vice President may be appointed as a Member of the Cabinet. Such appointment requires no
confirmation

Vice-President
 Essentially a President in reserve
 Unless he is appointed as a member of the Cabinet, or is given some executive function, he has no
other function than to be prepared to assume the presidency should a vacancy in the office arise
 President is not obliged to give a Cabinet position to Vice-President

Questions:
1. Does appointment of VP require confirmation by Commission on Appointments?
Answer: No, he does not need consent of the Commission on Appointments when the President
appoints him as a member of the Cabinet or is given executive functions

2. If VP is not appointed, what are his constitutional duties?

Answer: He has no other function than to be prepared to assume the presidency should a vacancy in
the office arise, essentially a president in reserve

SECTION 4
The President and the Vice President shall be elected by direct vote of the people for a term of 6 years which
shall begin at noon on the 30 th day of June next following the day of the election and shall end at noon of the
same date 6 years thereafter. The President shall not be eligible for any reelection. No person who has
succeeded as President and has served as such for more than four years shall be qualified for election to the
same office at any time

No Vice-President shall serve for more than 2 successive terms. Voluntary renunciation of the office for any
length of time shall not be considered as an interruption in the continuity of the service for the full term of
which he was elected

Unless otherwise provided by law, the regular elections for President and Vice-President shall be held on the
second Monday of May

The returns of every election for President and Vice-President duly certified by the board of canvassers of each
province or city, shall be transmitted to the Congress, directed to the President of the Senate. Upon receipt of
the certificates of canvass, the President of the Senate shall, not later than 30 days after the day of the
election, open all the certificates in the presence of the Senate and the House of Representatives in joint
public session, and the Congress, upon determination of the authenticity and due execution thereof in the
manner provided by law, canvass the votes
The person having the higher number of votes shall be proclaimed elected, but in case two or more shall have
an equal and highest number of votes, one of them shall forthwith be chosen by the vote of a majority of all
the Members of both Houses of the Congress, voting separately

The Congress shall promulgate its rules for the canvassing of the certificates

The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election, returns, and
qualifications of the President or Vice-President, and may promulgate its rules for the purpose

Election of the President and Vice President

 President and Vice-President is elected by direct vote of the people
 Term is 6 years beginning on June 30
 President is not eligible for any re-election
VP may not serve for more than 2 successive terms
 If VP succeeds to the presidency, if he serves for less than four years, he may run for election as
President since in his case it would not be a re-election

Congress as national board of canvassers:

 Congress is the national boars of canvassers for presidential and vice-presidential elections
 In 1935, Congress merely acts as canvassers for presidential election charged with ministerial and
executive duty and does not give congress the power to determine whether or not said duly certified
election returns have been irregularly made or tampered with, or reflect the true result of the
elections, to recount the ballots case, pass the validity of each ballot
 Congress is now authorized to make a determination of the authenticity and due execution of the
returns coming from the provincial and city board of canvassers in accordance with the manner to be
provided by law
 Canvassing of votes and proclaiming the winners is given by the Constitution to the Congress in joint
session and not to COMELEC
 When final adjournment of congress is completed, it terminates the law-making function of Congress
but the non-law-making functions such as canvassing could continue until the term of the members
ended

Breaking a presidential or VP tie

 By vote of majority of all the members of both Houses of the Congress, voting separately

Supreme Court – electoral tribunal for presidential and vice-presidential election contests
 Only 2 persons may contest the election, the 2nd and 3rd placers. The rule excludes the widow of a
losing candidate
 Power to correct manifest errors on the statement of votes (SOV) and Certificates of canvas (COC)

Questions
1. Can the president resign at the middle of his term so that he can be qualified to run on a second time?
Answer: No. The president is not eligible for any re-election

2. Should the VP succeed assume the position of Pres for more than 4 years, shall the VP be qualified to
run again for the same position as VP in immediately succeeding election?
Answer: Yes.
SECTION 5
Before they enter on the execution of their office, the President, the Vice-President, or the Acting President
shall take the following oath or affirmation:
“I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as President (or
Vice-President or Acting President) of the Philippines, preserve, and defend its Constitution, execute its
laws, do justice to every man, and consecrate myself to the service of the nation. So help me God.” (In
case of affirmation, last sentence will be omitted)

SECTION 6
The President shall have an official residence. The salaries of the President and Vice-President shall be
determined by law and shall not be decreased during their tenure. No increase in said compensation shall take
effect until after the expiration of the term of the incumbent during which such increase was approved. They
shall not receive during their tenure any other emolument from the government or any other source.

SECTION 7
(When vacancy occurs at the start of the term)

The President-elect and the Vice-President elect shall assume office at the beginning of their terms.

If the President-elect fails to qualify (not taken the oath yet), the Vice-President-elect shall ACT as President
until the President-elect shall have qualified.

If a President shall not have been chosen (there has been election but the canvassing was stopped/not
completed), the Vice-President-elect shall ACT as President until a President shall have been chosen and
qualified.

If at the beginning of the term of the President, the President-elect shall have died or shall have become
permanently disabled, the Vice-President-elect shall have BECOME President.

Where no President and Vice-President shall have been chosen or shall have qualified, or where both shall
have died or become permanently disabled, the President of the Senate, or in case if his inability, the Speaker
of the House of Representatives shall ACT as President until a President or a Vice-President shall have been
chosen and qualified.

The Congress, shall, by law, provide for the manner in which one who is to act as President shall be selected
until a President or a Vice-President shall have qualified, in case of death, permanent disability, or inability of
the officials mentioned in the next preceding paragraph

SECTION 8
(vacancy occurs in mid-term)

In case of death, permanent disability, removal from office, or resignation of the President, the Vice-
President shall BECOME the President to serve the unexpired term. In case of death, permanent disability,
removal from office, or resignation of both the President and Vice-President, the President of the Senate or,
in case of his inability, the Speaker of the House of Representatives, shall then ACT as President until the
President or Vice-President shall have been elected and qualified

The Congress shall, by law, provide who shall serve as President in case of death, permanent disability, or
resignation of the Acting President. He shall serve until President or the Vice-President shall been elected and
qualified, and be subject to the same restrictions or powers and disqualifications as the Acting President

Filling in a vacancy of the Presidency

 President has no right to “hold-over,” meaning when the designated date for the end of his term
comes, at noon of the 30th day of June 6 years following his election, he must leave office and the
president-elect assumes office
 Causes of vacancy are:
1. Death
2. Permanent disability
3. Removal from office
4. Resignation
 Arroyo was a de jure president

Answers to questions
1. No, President and VP shall not receive during their tenure any other emolument from the Government
or any other source
2. Section 7 applies when the vacancy occurs at the start of the term. Section 8 applies when a vacancy
occurs mid-term
SECTION 9
Whenever there is a vacancy in the office of the Vice-President during the term for which he was elected, the
President shall nominate a Vice-President from among the Members of the Senate and the House of
Representatives who shall assume office upon confirmation by a majority vote of all the Members of both
Houses of the Congress, voting separately

Vacancy in the office of the Vice-President

o President can nominate vacancy in VP with any member from Congress with concurrence from
congress

SECTION 10
The Congress shall, at 10 o’clock in the morning of the 3rd day after the vacancy in the offices of the President
and Vice-President occurs, convene in accordance with its rules without need of a call and within 7 days enact
a law calling for a special election to elect a President and a Vice-President to be held not earlier than 45 days
nor later than 60 days from the time of such call. The bill calling such special election shall be deemed certified
under paragraph 2, section 26, Article 6 of this Constitution and shall become law upon its approval on 3 rd
reading by the Congress. Appropriations for the special election shall be charged against any current
appropriations and shall be exempt from the requirements of paragraph 4, section 25, article 6 of this
Constitution. The convening of the Congress cannot be suspended nor the special application postponed. No
special election shall be called if the vacancy occurs within the 18 months (1 ½ years) before the date of the
next presidential elections.

 Congress shall convene on the 3rd day after the vacancy of offices of the President and VP
 Within 7 days, must enact a law calling for a special election not earlier than 45 days not later than 60
days
  No special election if vacancy occurs within 18 (1 ½ years) months before the date of the next
presidential election

SECTION 11
Whenever the President transmits to the President of the Senate and to the Speaker of the House of
Representatives his written declaration that he is unable to discharge the powers and duties of his office, and
until he transmits to them a written declaration to the contrary, such power and duties shall be discharged by
the Vice-President as Acting President

Whenever a majority of all the members of the cabinet transmit to the President of the Senate and to the
Speaker of the House or Representatives their written declaration that the President is unable to discharge the
powers and duties of his office, the Vice-President shall immediately assume the powers and duties of the
office as Acting President.

Thereafter (after that), when the President transmits to the President of the Senate and to the Speaker of the
House of Representatives his written declaration that no inability exists, he shall reassume the powers and
duties of his office.

Meanwhile (before above happens), should a majority of all the Members of the Cabinet transmit within 5
days to the President of the Senate and to the Speaker of the House of Representatives their written
declaration that the President is unable to discharge the powers and duties of his office, the Congress shall
decide the issue. For that purpose, the Congress shall convene, if it is not in session, within 48 hours, in
accordance with its Rules and without need of call

If the Congress, within 10 days after receipt of the last written declaration, or, if not in session, within 12
days after it required to assemble, determines by a 2/3 vote of both Houses, voting separately, that the
President is unable to discharge his powers and duties of his office, the Vice-President shall act as President;
otherwise, the President shall continue exercising the powers and duties of his office.

Incapacity of the President

 If the President is able to make the decision and is willing to declare himself disable, he certainly has
the power to do so
 But if the President himself is unable to make the decision, or, though able, is unwilling to admit his
incapacity, can somebody else decide for him? Congress
SECTION 12
In case of serious illness of the President, the public shall be informed of the state of his health. The members
of the Cabinet in charge of national security and foreign relations and the Chief of Staff of the Armed Forces of
the Philippines, shall not be denied access to the President during illness

Serious illness of the President

 The purpose of this is to guarantee the people’s rights to know about the state of the President’s
health

SECTION 13
The President, Vice-President, the Members of the Cabinet and their deputies or assistants shall not, unless
otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall
not, during said tenure, directly or indirectly practice any other profession, participate in any business, or be
financially interested in any contract with, or in any franchise, or special privilege granted by the Government
or any subdivision, agency, or instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office

The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not
during his tenure be appointed as members of the Constitutional Commissions, or the Office of the
Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including
government-owned or controlled corporations and their subsidiaries

Prohibition on holding other office

o Enumerated officials should not hold other office except:
1. Vice-President who may be appointed to the Cabinet
2. Secretary of Justice who is made ex officio member of the Judicial and Bar Council
o Meant to prevent the enhancement of the powers of one who is already powerful or busy with other
duties
o The VP by the nature of his office, is neither powerful nor busy
o Reason for this prohibition:
1. To avoid conflict of interest
2. To force the officials to devote full time to their official duties
o This provision does not cover positions held without additional compensation in ex-officio capacities
o Ex-officio member – is one who is a member by virtue of his title to a certain office, and without
further warrant or appointment

SECTION 14
Appointments extended by an Acting President shall remain effective, unless revoked by the elected
President within 90 days from his assumption or reassumption of office

SECTION 15
2 months immediately before the next presidential elections and up to the end of his term, a President or
Acting President shall not make appointments, except temporary appointments to executive positions when
continued vacancies therein will prejudice public service or endanger public safety

Midnight Appointments
 Prohibition applies even to appointments to the judiciary
 A limitation on the President’s power to appoint

SECTION 16
The President shall NOMINATE and, with the CONSENT of the Commission on Appointments, APPOINT the
heads of the executive departments, ambassadors, other public ministers and consuls, or offices of the armed
forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in
this Constitution. (Appointments needing confirmation)

He shall also appoint all other officers of the Government whose appointments are not otherwise provided for
by law, and those whom he may be authorized by law to appoint. (No need for confirmation)
The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the
courts, or in the heads of departments, agencies, commissions, or boards

The President shall have the power to make appointments during the recess of the Congress, whether
voluntary or compulsory, but such appointments shall be effective only until disapproval by the Commission on
Appointments or until the next adjournment of the Congress

Nature of the appointing power

 Power to appoint is executive
 Whatever power is not properly legislative or judicial must be attributed to the executive

Kinds of presidential appointments

1. Appointments made by an Acting president – President is given 90 days to revoke appointment
2. Appointments made within 2 months before the next presidential election and up to the end of his
term – can only be temporary and revocable by the next President
3. Regular Presidential appointments with or without confirmation by the Commission on Appointments
4. “Recess” or “Ad-interim” appointments

Scope of the power of the Commission on Appointments

 Commission on appointments restores an executive limit on the appointing authority of the President
 Need the consent of the Commission on Appointments:
1. Heads of the executive departments
2. Ambassadors
3. Other public ministers and consuls
4. Officers of the armed forces from the rank of colonel or naval captain
5. Other offices whose appointments are vested in him in this Constitution (sectoral
representatives, chairman and commissioner of Constitutional Commission, officers of the JBC)
 Do not need confirmation:
1. Customs Bureau Director
2. Chairman of the Commission on Human Rights
3. Police generals
o Appointments only refer to military officers and not civilian officers
4. Philippine Coast Guard (non-military agency)
5. Justices and judges
6. Ombudsman and deputies

May congress require other appointments to be confirmed by the Commission on Appointments?

 There is no provision in the Constitution warranting an affirmative answer to the question. However,
understood that Congress may pass such a law

Recess or ad-interim appointments and temporary appointments

 Recess is the period when congress is not in session because it voluntarily declares a recess or because
it is not allowed by the Constitution to be in session (compulsory recess)
 Compulsory recess – 30 days period between sessions during which Congress may meet, or period
between the beginning of a new term and the beginning of a regular session
  For a recess or ad-interim appointment to be effective, it does not have to wait for action by the
Commission on Appointments, it becomes effective once it is delivered to and accepted by the
appointee
 But if it requires Commission concurrence, they are effective only until disapproval by the Commission
on Appointments or until the next adjournment of the Congress
 2 modes of terminating ad-interim appointments:
1. Disapproval of the Commission
2. Adjournment of Congress prior to Commission action on the appointment
 An ad-interim appointment is not a temporary appointment, it is permanent

SECTION 17
The President shall have CONTROL of all the executive departments, bureaus, and offices. He shall ensure
that the laws be faithfully executed

Power of control
 His control is not just over the department head but also over all the subordinate officers of the
department
 Power of control definition:
o 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
 Heads of the departments are subject to the discretion of the President
 Can reorganize an executive office
 Reorganization can involve the reduction of personnel, consolidation of offices, or even abolition of
positions by reason of economy or redundancy of functions
 While the power to abolish is generally lodged with the legislature, the authority of the President to
reorganize the executive branch, which may include such abolition, is permissible under present laws
 Doctrine of Qualified Political Agency:
o All executive and administrative organizations are adjuncts of the Executive Department, the
heads of the various executive departments are assistants and agents of the Chief Executive,
and, except in cases where the Chief Executive is required by the Constitution or law to act in
person or the exigencies of the situation demand the he act personally, the multifarious
executive and administrative functions of the Chief Executive are performed by and through the
executive departments, and the acts of the secretaries of such departments, performed and
promulgated in the regular course of business, are, unless disapproved or reprobated by the
Chief Executive, presumptively the acts of the Chief Executive
 Thus, a decision of a department secretary, when not reprobated by the Executive, is the last step in
the process of exhausting administrative remedies
 Power of control, is not the source of the Executive’s disciplinary power over the person of his
subordinates
 His disciplinary powers flows from his power to appoint
 The power to remove is inherent in the power to appoint
 No officer or employee of the Civil Service shall be removed or suspended except for cause provided by
law
 President also has power of control over GOCC’s. since under our government setup, GOCCs partake of
the nature of government bureaus or offices, which are administratively supervised by the government
Faithful Execution Clause
 Broad scope of power
 President is not limited to the enforcement of acts of Congress according to their expressed terms
 The President’s power includes the rights and obligations growing out of the Constitution itself, our
international relations, and all the protection implied by the nature of the government under the
Constitution
 The power to execute the law is the duty to carry it out

SECTION 18
The President shall be the Commander-in-Chief of all the armed forces of the Philippines and whenever it
becomes necessary, he may CALL OUT such armed forces to prevent or suppress lawless violence, invasion or
rebellion.

In case of INVASION or REBELLION, when the public safety requires it, he may, for a period not exceeding
sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof
under martial law.

Within 48 hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas
corpus, the President shall submit a report in person or in writing to the Congress.

The Congress, VOTING JOINTLY, by a vote of at least a majority of all its Members in regular or special
session, may revoke such proclamation or suspension, which revocation shall not be set aside by the
President.

Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or
suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public
safety requires it.

The Congress, if not in session, shall, within 24 hours following such proclamation or suspension, convene in
accordance with its rules without need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension
thereof, and must promulgate its decision thereon within 30 days from its filing

A state of martial law does not suspend the operation of the Constitution, not supplant the functioning of the
civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and
agencies over civilian where civil courts are able to function, nor automatically suspend the privilege of the
writ

The suspension of the privilege of the writ shall apply only to those persons judicially charged for rebellion or
offenses inherent in or directly connected with invasion

During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially
charged within 3 days, otherwise he shall be released
Commander-in-Chief
 The President is not a member of the armed forces but remains a civilian
 He is the highest civilian officer
 A civilian President holds supreme military authority and is the ceremonial, legal, and administrative
head of the armed forces
 He has the power to direct military operations and to determine military strategy
 He is authorized to direct the movements of the naval and military forces, to employ them in the
manner he may deem most effectual to harass and conquer and subdue the enemy
 Has control and direction of the conduct of war
 Gives him the broad power to call out such armed forces to prevent or suppress lawless violence,
invasion, or rebellion
 When he calls out the armed forces for this purpose, his action is not subject to judicial review, unlike
in his suspension of the writ

3 types of martial law:

1. One to be exercised both in peace and war
o Jurisdiction under military law – operative all the time
2. To be exercised in time of foreign war within the boundaries of the State, or in time of rebellion and
civil war within the State or districts occupied by rebels
o Military government – takes the place of a suspended or destroyed sovereignty, the occasion
of the military government is the expulsion of the sovereignty
3. To be exercised in time of invasion or insurrection within the limits of the State, or during rebellion
within the limits of the State maintaining adhesion to the national government, when the public
danger requires its exercise
o Martial law proper (martial rule) – takes the place of certain governmental agencies which for
the time being are unable to cope with existing conditions in a locality which remains subject to
the sovereignty.
o Is simply public exigency which may rise in time of war or peace
 Martial law in the Constitution refer to martial law in the 3 rd and proper sense
 Martial law in the Philippines jurisdiction is imposed not only by or through an authorization from
Congress but by the Executive as specifically authorized and within the limits set by the Constitution

Martial law proper is essentially police power

 Whereas police power is normally a function of the legislature executed by the civilian executive arm,
under martial law, police power is exercised by the executive with the aid of the military and in place of
certain governmental agencies which for the time being are unable to cope with existing conditions in
a locality which remains subject to the sovereignty
 It authorizes the military to act vigorously for the maintenance of an orderly civil government
 Martial law depends on 2 factual bases:
1. Existence of invasion or rebellion
2. Requirements of public safety
 Necessity creates the conditions of martial law, and at the same time limits the scope of martial law
 The common denominator of all exercise of martial law powers is the exercise by an executive officer
of the discretion and judgment normally exercised by a legislative or judicial body
 The variable in the various forms of martial powers is the extent to which the executive assumes
legislative and judicial functions

Marcos Martial Law Jurisprudence

 1. Martial law proclamation was valid on the basis of existing rebellion
2. Imposition of martial law carried with it the suspension of the privilege of the writ of habeas corpus
3. Martial law administrator could legislate on any matter related to the welfare of the nation
4. He could create military tribunals and confer on them jurisdiction to try civilians for crimes related to
the purpose of martial rule
5. In the absence of any other operative constituent body he could even propose amendments to the
constitution
6. Claims of denial of a speedy trial were unavailing
7. Suspension of the writ of habeas corpus also suspends the right to bail

Martial Law in 1987 Constitution

1. Narrowed the grounds for the imposition of martial law and suspension of writ
2. Limited the discretion of the President and put it under review powers of Congress and the Supreme
Court
3. Rejected the bulk of the marital law jurisprudence under Marcos
 Congress has the power to determine the duration of the suspension of privilege and the effectivity of
martial law
 Extraordinary emergency powers of the President may not be exercised without the concurrence of
Congress
 Any citizen is given standing to bring appropriate action to challenge the action by the President, can
even be done before Congress acts
 As state of martial law does not suspend the operation of the Constitution
 Suspension of writ shall apply only to persons judicially charged for rebellion or offenses inherent in or
connected with invasion
 Calling out is a discretionary power solely vested in his wisdom
 President can demand obedience from military officers
 Military officers who disobey command can be subjected to court martial proceedings
 President may prevent a member of the armed forces from testifying before a legislative inquiry
 However, the president may be commanded by judicial order to compel the attendance of the military
officer
 Final judicial orders have the force of the law of the land which the President has the duty to faithfully
execute

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

He shall also have the power to grant amnesty with the concurrence of a majority of ALL the Members of the
Congress

 Executive clemency – instrument for correcting infirmities in the administration of justice and for
mitigating whatever harshness might be generated by a too strict application of the law
 Bargaining chip in efforts to unify various political forces
 Is a non-delegable power and must be exercised by the President personally
  3 limitations on the power of executive clemency:
1. Cannot be exercised over cases of impeachment
2. Reprieves, commutations, and pardons, and remission of fines and forfeitures can be given only
after conviction by final judgment
3. A grant of amnesty must be with the concurrence of a majority of all members of congress
4. No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and
regulations, shall be granted without the favorable recommendation of the COMELEC
 Constitution did not make a distinction between criminal and administrative penalties, so no cause for
court to make a distinction
 Pardon is an act of grace, no legal power can compel the executive to give it, it is an act of pure
generosity
 Commutation – mere reduction of penalty
 Pardon – total remission of penalty
 Conditional pardon – has no effect until accepted by the condemned, the condition may be less
acceptable to him than the original punishment and may in fact be more onerous
 Amnesty – an aspect of the pardoning power
o May only be given with the concurrence of a majority of all the members of congress
 Pardon is granted by the President and such it is a private act which must be pleaded and proved by
the person pardoned, because the courts take no notice thereof
o Granted to one after conviction
o Looks forward and relieves the offender from the consequences of an offense of which he has
been convicted, abolishes or forgives the punishment
 Amnesty by proclamation of the President with the concurrence of congress, is a public act of which
the court should take judicial notice
o Is granted for classes of person or communities who may be guilty of political offenses,
generally before or after the institution of the criminal prosecution and sometimes after
conviction
o Looks backward and abolishes and puts into oblivion the offense itself, it so overlooks and
obliterates the offense with which he is charges that the person released by amnesty stands
before the law precisely as though he had committed no offense
 Amnesty is grant of general pardon to a class of political offenders either after conviction or even
before the charges are filed, with the concurrence of congress
 Reprieve – postpones the execution of a punishment
 Commutation – remission of a part of the punishment, a substitution of a less penalty for the one
originally imposed
 Remission of fines and forfeitures – merely prevents the collection of fines or the confiscation of
forfeited property, it cannot have the effect of returning property which has been vested in 3 rd parties
or money already in the public treasury

SECTION 20 (Borrowing power)

The president may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the
prior concurrence of the Monetary Board, and subject to such limitations as may be provided by law. The
Monetary board shall, within 30 days from the end of every quarter of the calendar year, submit to the
Congress a complete report of its decisions on applications for loans to be contracted or guaranteed by the
Government or GOCC which would have the effect of increasing the foreign debt, and containing other
matters as may be provided by law

SECTION 21 (Foreign relations power)

No treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all the
Members of the Senate

 Treaties of any kind, whether bilateral or multilateral, require Senate concurrence

 No need for senate concurrence to nullify treaty
 Executive agreements which are merely implementation of treaties or statues or of well-established
policy or are of transitory effectivity do not require concurrence
 The decision to enter or not to enter into a treaty is a prerogative solely by the President
 Thus, unless the President submits a treaty to the Senate there is nothing for the Senate to concur in
 3 distinct foreign affairs powers:
1. The power to make treaties
2. Power to appoint ambassadors, other public ministers, and consuls
3. Power to receive ambassadors and other public ministers duly accredited to the Philippines
 Power to deport aliens is lodged in the President
 President is the SOLE ORGAN of the state for foreign relations

SECTION 22 (Budgetary Power)

The President shall submit to the Congress within 30 days from the opening of every regular session, as the
basis of the general appropriations bill, a BUDGET of receipts and expenditures and sources of financing,
including receipts from existing and proposed revenues measures

 The budget, which becomes the basis of the general appropriations bill, is prepared by the President
and submitted to Congress within 30 days from the opening of every regular session
 Congress may not increase the appropriation recommended by the President

Four Major Phases of Government Budgetary Process:

1. Budget preparation
o Tasked upon the executive branch and covers the estimation of government revenues, the
determination of budgetary priorities and activities within the constraints imposed by available
revenues and by borrowing limits, and the translation of desired priorities and activities into
expenditure levels
o Starts with the budget call by the Department of Budget and Management
2. Legislative authorization
o Congress enters the picture and deliberates or acts on the budget proposals of the President,
and formulates an appropriation act
3. Budget execution
o Tasked on the executive, covers the operational aspects of budgeting. Establishment of
obligation authority ceilings, the evaluation of work and financial plans for individual activities,
continuing review of government fiscal position, the regulation of fund releases, the
implementation of cash payment schedules
4. Budget accountability
o Refers to the evaluation of actual performance and initially approved work targets, obligations
incurred, personnel hired and work accomplished are compared with the targets set at time the
agency budgets were approved

SECTION 23
The president shall address the Congress at the opening of its regular session. He may also appear before it at
any other time

ARTICLE VIII – JUDICIAL DEPARTMENT

SECTION 1
The Judicial power shall be vested in one Supreme Court AND in such lower courts as may be established by
law

Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which
are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the
Government

Judicial Power
 It is the measure of the allowable scope of judicial action
 The last bulwark of constitutional rights and liberties
 The right to determine actual controversies arising between adverse litigants, duly instituted in courts
of proper jurisdiction
 Authority to settle justiciable controversies or disputes involving rights that are enforceable and
demandable before the courts of justice
 Thus, there can be no occasion for the exercise of judicial power unless real parties come to court for
the settlement of an actual controversy and unless the controversy can be settled in a manner that
binds the parties by the application of existing laws
 Power to control the execution of its decision is an essential aspect of its jurisdiction
 Most important part of litigation is the process of evaluation of decisions where supervening events
may change the circumstance of the parties and compel courts to intervene and adjust the rights of the
litigants to prevent unfairness

Intrinsic Limit on Judicial Power

 Congress has a duty not to charge courts with non-judicial power, correlative with its duty not to
emasculate judicial power
 The courts can come in when agencies violate constitutional rights or commit grave abuse of discretion
or acts in excess of jurisdiction
 Judicial power is not exercised to address moot question
o Moot Case – is one that ceases to present a justiciable controversy by virtue of supervening
events, so that a declaration thereon would be of no practical use or value
o Generally, courts decline jurisdiction over such case or dismiss it on ground of mootness
 Courts will decide cases, otherwise moot and academic, if:
o There is a grave violation of the Constitution
o The exceptional character of the situation and the paramount public interest is involved
o When the constitutional issue raised requires formulation of controlling principles to guide the
bench, the bar, and the public
o The case is capable of repetition yet evading review
Grave Abuse of Discretion
 There is grave abuse of discretion when:
1. An act is done contrary to the Constitution, the law or jurisprudence
2. It is executed whimsically, capriciously, or arbitrarily out of malice, ill will, or personal bias
 Capricious and arbitrary, conveys the notion of willful and unreasoning action
 Thus, when seeking the corrective hand of certiorari, a clear showing of caprice and arbitrariness in the
exercise of discretion is imperative

Advisory Opinions
 It is not the function of the judiciary to give advisory opinions
 Courts are not concerned with the wisdom or morality of laws, but only in the interpretation and
application of the law

Declaratory Relief
 Not to be confused with advisory opinions is what is known as declaratory relief or judgement
 Action for Declaratory Relief – action by any person interested under a deed, will, contract, or other
written instrument, or whose rights are affected by a statute, ordinance, executive order, or regulation
to determine any question of construction or validity arising under the instrument, executive order or
regulation or statute and for a determination of his rights or duties thereunder
 Supreme Court does not entertain original petitions for declaratory relief
 Declaratory relief involves real parties with real conflicting legal interests, while advisory opinion is a
response to a legal issue posed in the abstract in advance of any actual case in which it may be
presented
 Advisory opinion binds no one (not a judicial act), whereas a declaratory judgment is a final one and is
forever binding on the parties (judicial act)

1. Is of judicial power an aspect, or part of the bigger whole, of the power of judicial review?
 No, judicial power is the power to apply the laws to contest or dispute concerning legally recognized
rights or duties between the state and the persons, or between individual litigants in cases properly
brought before the judicial tribunals, which includes the power to ascertain what are valid and binding
laws of the state, and to interpret and construe them, and to render authorative judgements. Judicial
review is Supreme Court’s power to declare a treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction, ordinance, or regulation unconstitutional

Hence, judicial review is part of judicial power, because judicial power is the totality of powers a court
exercises when it assumes jurisdiction and hears and decides a case.

2. What is the expanded judicial power of the judiciary?

 Expanded judicial power is a broadening of judicial power to enable the courts of justice to review
what was before forbidden territory, to wit, the discretion of the political departments of the
government. It is the power to rule upon even the wisdom of the decisions of the executive and the
legislature and to declare their acts invalid for lack or excess of jurisdiction because they are tainted
with grave abuse of discretion

3. What is judicial legislation? Is it constitutionally tenable?

 Judicial legislation refers to a court’s actions that involve filling in the gaps of laws or overstepping
boundaries of the judicial branch of government. It means going beyond the law to create doctrines
and principles not available previously.
 The primordial duty of the court is merely to apply the law in such a way that is shall not usurp the
legislative powers by judicial legislation and that in the course of such application or construction, is
should not make or supervise legislation, or under the guise of interpretation, modify, revise, amend,
distort, remodel, or rewrite the law, or give the law a construction which is repugnant to its terms. The
court should apply the law in a manner that would give effect to their letter and spirit, especially when
the law is clear as to its intent and purpose. The court should shy away from encroaching upon the
primary function of a co-equal branch of the Government, otherwise this would lead to an inexcusable
breach of the doctrine of separation of powers by means of judicial legislation.

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 thereof

No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its Members

Role of the Legislature

 The proper exercise of judicial power requires prior legislative action:
1. Defining enforceable and demandable rights and prescribing remedies for violations of such
rights
2. Determining the court with jurisdiction to hear and decide controversies or disputes arising
from legal rights
 Since judicial power involves the application of law to actual controversies, its exercise presupposes
the existence of an applicable law
 Unless there is an applicable law, courts are without power to settle controversies
 Congress also creates courts and determines which court or courts shall have jurisdiction over various
types of controversies
 Jurisdiction – Is the authority of a court to exercise judicial power in a specific case and is, of course, a
prerequisite of judicial power, which is the totality of powers a court exercises when it assumes
jurisdiction and hears and decides a case
 Jurisdiction of Courts is determined by congress, other than the those prescribed in section 5
 The authority to create courts also includes the authority to abolish courts. Congress however, may
not use the power to abolish courts to remove unwanted judges
 Supreme Court is beyond the power of congress to reorganize even if only as a temporary measure

SECTION 3
The JUDICIARY shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be reduced by the
legislature below the amount appropriated for the previous year and, after approval, shall be automatically
and regularly released

Fiscal Autonomy
 Aim of granting fiscal autonomy to judiciary is to assure its independence

1. What is the extent of fiscal autonomy enjoyed by the supreme court? Is this shared by the lower courts?
  The extent of fiscal autonomy is expressed in the second statement that “appropriations for the
judiciary may not be reduced by the legislature below the amount appropriated for the previous year,
and after approval, shall be automatically and regularly released.

It also guarantees a full flexibility to allocate and utilize their resources with the wisdom and dispatch
that their needs require. It recognizes the power and authority to levy, assess, and collect fees, fix rates
of compensation not exceeding the highest rates authorized by law for compensation and pay plans of
the government and allocate and disburse such sums as may be provided by law or prescribed by them
in the course of the discharge of their functions. Fiscal autonomy means freedom from outside
control. This is to assure its independence.

Yes, since the constitution states that the JUDICIARY in general should enjoy fiscal autonomy, this
would imply the inclusion of lower courts as well

2. Fiscal autonomy means freedom from outside control. Clearly, this means that congress has overstepped
its authority and encroached upon the court’s fiscal autonomy and supervision of court personnel as
enshrined in the Constitution.

SECTION 4
(1) The Supreme Court shall be composed of a Chief Justice and 14 Associate Justices. It may sit en banc
or in its discretion, in divisions of 3, 5, or 7 Members. Any vacancy shall be filled within 90 days from
the occurrence thereof.

(2) All cases involving the constitutionality of a treaty, international or executive agreement, or law,
which shall be heard by the Supreme Court en banc, and all other cases which under the Rules of Court
are required to be heard en banc, including those involving the constitutionality, application, or
operation of presidential decrees, proclamations, orders, instructions, ordinances, and other
regulations, shall be decided with the concurrence of a majority of the members who actually took part
in the deliberations of the issues in the case and voted thereon.

(3) Cases or matters heard by a division shall be decided or resolved with the concurrence of a majority of
the Members who actually took part in the deliberations on the issues in the case and voted thereon,
and in no case, without the concurrence of at least 3 of such Members. When the required number is
not obtained, the case shall be decided en banc:

Provided, that no doctrine or principle of law laid down by the court in a decision rendered en banc
or in division may be modified or reversed except by the court sitting en banc

Composition and Sessions

 The Supreme Court shall be composed of a Chief Justice and 14 Associate Justices
 Any vacancy shall be filled within 90 days from the occurrence thereof
 By command of the Constitution, the following cases have to be heard and decided en banc:
1. All cases involving the constitutionality of a treaty, international or executive agreement, or law
2. Cases involving the constitutionality, application, or operation of presidential decrees,
proclamations, orders, instructions, ordinances, and other regulations
3. Cases heard by a division when the required majority in the division is not obtained
4. Cases where the Supreme Court modifies or reverses a doctrine or principle of law previously
laid down either en banc or in division
 5. Administrative cases where the vote is for the dismissal of a judge of a lower court or
otherwise to discipline such a one
6. Election contests for President or Vice-President
 When the Supreme Court sits en banc, cases are decided by the concurrence of a majority of the
Members who actually took part in the deliberations on the issues in the case and voted thereon.
 This reflects a 2-fold desire of the commission:
1. Not to allow the absence of some members of the Supreme Court or their non-participation in
deliberations to delay decisions
2. To require that only those thoroughly familiar with the case participate in the decision
 A quorum of the Court en banc is eight, a majority of which is only five
 When the court sits in division, cases can be decided by as few as a minimum of 3 votes. When the
required number is not obtained, the case shall be decided en banc
 Decisions or resolutions of a division of the court are not inferior to an en banc decision
 The only constraint is that any doctrine or principle of law laid down by the Court, either rendered en
banc or in division, may be overturned or reversed only by the Court sitting en banc
 A decision of a division is not appealable to the Court en banc
 The supreme court sitting en banc is not an appellate court vis-à-vis its divisions, and it exercises no
appellate jurisdiction over the latter. Each division of the court is considered not a body inferior to the
court en banc, and sits veritably as the court en banc itself
 The only constraint is that any doctrine or principle of law laid down by the court, either rendered en
banc or in division, may be overturned or reversed only by the court sitting en banc.
 Cases are decided while matters (motions) are resolved
 If there is a tie in the voting, there is no decision. The only way to dispose of the case then is to refer it
to the court en banc
 On the other hand, if the case is already decided by the division and the losing party files a motion for
reconsideration, the failure of the division to resolve the motion because of a tie in the voting does not
leave the case undecided
 There is still the decision which must stand in view of the failure of the members of the division to
muster the necessary vote for its reconsideration. If the voting result to a tie, the motion for
reconsideration is lost. The assailed decision in not reconsidered and must therefore be deemed
affirmed.

SECTION 5
The Supreme Court shall have the following powers: (1. Jurisdiction over cases and 2. auxiliary admin powers)

(1) Exercise ORIGINAL jurisdiction over cases affecting ambassadors, other public minister and consuls,
and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus

(2) Review, revise, reverse, modify, or affirm on appeal or certiorari as the law or the Rules of Court may
provide, final judgments and orders of lower court in:

(A) All cases in which the constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is
in question

(B) All cases involving the legality of any tax, import, assessment, or toll, or any penalty imposed in
relation thereto
 (C) All cases in which the jurisdiction of any lower court is in issue
(D) All criminal cases in which the penalty imposed is reclusion perpetua or higher

(E) All cases in which only an error or question of law is involved

(3) Assign temporarily judges of lower courts to other stations as public interest may require. Such
temporary assignment shall not exceed 6 months without the consent of the judge concerned

(4) Order a change of venue or place of trial to avoid a miscarriage of justice

(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleadings,
practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal
assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for
the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not
diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial
bodies shall remain effective unless disapproved by the Supreme Court

(6) Appoint all officials and employees of the judiciary in accordance with the Civil Service Law

Powers of the Supreme Court:

 Classified into:
1. Irreducible jurisdiction of the Supreme Court
2. Auxiliary administrative powers

Judicial Review:
 Power of the judicial review is the Supreme Court’s power to declare a treaty, international or
executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or
regulation unconstitutional
 It also includes the power to declare unconstitutional the application, or operation of presidential
decrees, proclamations, orders, instructions, ordinances, and other regulations even if the legal basis
for the action is itself constitutional
 The superiority of the Constitution to any official act of government is rooted in the very essence of
modern constitutionalism
 Modern constitutionalism separates government from sovereignty. Sovereignty belongs to the people
and the constitution is the written instrument through which the people entrust to government a
measure of its own sovereignty and no more

Requisites for the Exercise of Judicial Review

 First Requisite – ACTUAL CASE
o There must be before it an actual case calling for the exercise of judicial power. Hence, the
court has no authority to pass upon issues of constitutionality through advisory opinions and it
has no authority to resolve hypothetical or feigned constitutional problems
 Second Requisite – RIPE FOR ADJUDICATION
o There must be a cognate requirement that the questions must be “ripe” for adjudication
o A constitutional question is ripe for adjudication when the governmental act being challenged
has had a direct adverse effect on the individual challenging it
 Third Requisite – LOCUS STANDI
 o Locus Standi – a standing in law, a personal or substantial interest, an aspect of the “case or
controversy” requirement. A person has standing to challenge the governmental act only if he
has a personal and substantial interest in the case such that he has sustained, or will sustain,
direct injury as a result of its enforcement
o Elements of Locus Standi/Standing:
1. Petitioner must have suffered injury in fact which can be legal, economic, or
environmental
2. The injury must be traceable to the governmental act challenged
3. Injury must be redressable by the remedy being sought by petitioner
 The challenger’s interest in the suit must be personal and not one based on a desire to
vindicate the constitutional right of some third and unrelated party
 In line with the liberal policy of this court on locus standi, ordinary taxpayers, members of congress,
and even association of planters, and non-profit civic organizations were allowed to initiate and
prosecute actions before this court to question the constitutionality or validity of laws, acts, decisions,
rulings or orders
 Whenever a majority of the court agree that a matter is of paramount importance, the Court will
entertain a suit

Standing of Legislators, Taxpayers, and Citizens

 A taxpayer has standing if:
1. He has a sufficient interest in preventing the illegal expenditure of money raised by taxation
2. He will sustain a direct injury as a result of the enforcement of the questioned statute

Other Requisites
 Aside from essential requisites of actual case and standing for judicial review, jurisprudence has also
evolved other auxiliary rules
 Fourth Requisite – MUST BE RAISED AT THE EARLIEST OPPORTUNITY
o The question of constitutionality must be raised at the earliest opportunity, so that if not raised
by the pleadings, ordinarily it may not be raised at the trial, and if not raised in the trial court, it
will not be considered for appeal
 The court will not touch the issue of unconstitutionality unless it really is unavoidable or is the very lis
mota

Political Questions
 Political questions doctrine then constitutes another limitation on the power of judicial review
 Political questions are those questions which under the constitution are to be decided by the people in
their sovereign capacity, or in regard to which full discretionary authority has been delegated to the
legislative or executive branch of the government
 Various kinds of political questions:
1. Textual kind – where there is found a textually demonstrable commitment of the issue to a
political department
2. Functional type – there is a lack of judicially discoverable and manageable standards for
resolving it, or the impossibility of deciding without an initial policy determination of a kind
clearly non-judicial discretion
3. Prudential type – the impossibility of a court’s undertaking independence resolution without
expressing lack of the respect due coordinate branches of government, or an unusual need for
unquestioning adherence to
Judicial Review by Inferior Courts
 Power of judicial review is not an exclusive power of the supreme court

Modalities of Constitutional Interpretation

 Supreme Court is not just a court, it is also a political institution
 By the exercise of judicial review, wields tremendous political power
 A justice may approach a constitutional problem by:
o Historical approach – analyzing the intention of the framers of the Constitution and the
circumstances of its ratification
o Textual approach – reading the language of the Constitution as the man on the street would
understand it
o Structural approach – drawing inferences from the architecture of the 3-cornered power
relationships that are found in the constitutional arrangement
o Doctrinal approach – rely on established precedents
o Ethical approach – which seeks to interpret the Filipino moral commitments that are
embedded in the constitutional document
o Prudential approach – weighing and comparing the costs and benefits that might be found in
conflicting rules

Review of Death Sentences

 Section 4 authorizes the court to review cases where the penalty is reclusion perpetua, life
imprisonment, or death
 The rule is that such cases must be reviewed by the court of Appeals before they are elevated to the
Supreme Court
 In case the sentence is death, there is automatic review by the Court of Appeals and ultimately by the
Supreme Court. This is mandatory and neither the accused nor the courts may waive the right of
appeal
 In case of reclusion perpetua or life imprisonment, the review is not mandatory

Temporary assignment of judges

 No judge appointed to a particular district could be designated or transferred to another district
without approval of the Supreme Court

Change of Venue
 One of the incidental and inherent powers of courts is that of transferring the trial of cases from one
court to another of equal rank in a neighboring site, whenever the imperative of securing a fair and
impartial trial, or of preventing a miscarriage of justice, so demands

Pleading, Practice, and Procedure, and Admission to the Bar

 The constitution has given to the court authority to promulgate rules concerning the protection and
enforcement of constitutional rights. This is auxiliary to its broad judicial power
 In effect places in the hands of the court the totality of the administration of justice and thus makes
for a more independent judiciary
 Since it is the court that rule making authority has been given, rules promulgated by special courts and
quasi-judicial bodies are effective unless disapproved by the supreme court
 Limitations and guidelines:
o They shall provide a simplified and inexpensive procedure for the speedy disposition of cases
o They shall be uniform for all courts of the same grade
 o They shall not diminish, increase, or modify substantive rights
 The power to admit attorneys to the bar is not an arbitrary and despotic one, to be exercised at the
pleasure of the court, or from passion, prejudice or personal hostility, but it is the duty of the court to
and regulate it by a sound and judicial discretion
 Substantive law – creates substantive rights and the 2 terms in this respect may be said to be
synonymous
 Substantive rights – which includes those rights which one enjoys under the legal system prior to the
disturbance of normal relations
 As applied to criminal law, substantive law is that which declares what acts are crimes and prescribes
the punishment for committing them, as distinguished from procedural law which provides or
regulates the steps by which one who commits a crime is to be punished
 Admission to the bar is under the supervision of the court

Congress and the Rules of Court

 1935 and 1973 constitutions provided that rules of court promulgated by the Supreme Court may be
“repealed, altered, or supplemented” by the legislature. NO similar provision appears in the 1987
constitution
 Inherent power of the court to make rules and of the equally inherent power of the legislature to
legislate on matters of court procedure. However, Justice Puno said that Congress no longer has the
power to amend Rules of Court

Admission the Bar

 The court distinguished between the authority to promulgate rules concerning the admission to the
practice of law, and the actual admission to practice through application of the rules. The first is
legislative or quasi-legislative and in it the legislature had been given a revisory role subordinate to the
role of the Supreme Court. The second – application of the rules promulgates – is by tradition a judicial
function and the legislature exercises no revisory role
 It is therefore the primary and inherent prerogative of the Supreme Court to render the ultimate
decision on who may be admitted and may continue in the practice of law according to existing rules
 The authority of the court to regulate admission to the bar and the practice of law must be
distinguished from the authority of Congress to regulate the behavior of public officers
 Integration of the Philippine Bar means the official unification of the entire lawyer population of the
Philippines. This requires membership and financial support of every attorney as conditions to the
practice of law and the retention of his name in the Roll of Attorneys of the supreme Court
 Bar refers to the collectivity of all persons whose names appear in the Roll of Attorneys

1. Cases are to be decided, while matters are to be resolved

2. 5 is the minimum number of justices that can declare the unconstitutionality of a treaty, international
or executive agreement or law because the quorum for the SC en banc is 8, and the majority for the
vote is 5.
3. Yes, lower courts share the Supreme Court’s power of judicial review
4. No, the 1987 Constitution has not abolished political questions and Political questions constitutes
another limitation on the power of judicial review.
5. A justice may approach a constitutional problem by:
o Historical approach – analyzing the intention of the framers of the Constitution and the
circumstances of its ratification
o Textual approach – reading the language of the Constitution as the man on the street would
understand it
 o Structural approach – drawing inferences from the architecture of the 3-cornered power
relationships that are found in the constitutional arrangement
o Doctrinal approach – rely on established precedents
o Ethical approach – which seeks to interpret the Filipino moral commitments that are embedded
in the constitutional document
o Prudential approach – weighing and comparing the costs and benefits that might be found in
conflicting rules
6. Limitations and guidelines:
o They shall provide a simplified and inexpensive procedure for the speedy disposition of cases
o They shall be uniform for all courts of the same grade
o They shall not diminish, increase, or modify substantive rights
o The power to admit attorneys to the bar is not an arbitrary and despotic one, to be exercised at
the pleasure of the court, or from passion, prejudice or personal hostility, but it is the duty of
the court to and regulate it by a sound and judicial discretion
7. Only the SC can promulgate rules on pleading, practice, and procedure as provided by the constitution
8. Only the SC has the sole authority and responsibility over the admission to the bar
9. It does not, admission to law school is different from admission to the bar

SECTION 6
The Supreme Court shall have administrative supervision over all courts and the personnel thereof

Administrative supervision of Inferior Courts

 The supreme court has the administrative supervision over all courts and court personnel, from the
presiding justice of the court of appeals down to the lowest municipal trial court clerk
 By virtue of this power, it is only the supreme court that can oversee the judges’ and court personnel’s
compliance with all laws, and take the proper administrative action against them
 Supreme court has disciplinary jurisdiction over all court personnel insofar as their infractions
committed prior to the entry to the judiciary.

SECTION 7
(1) No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is
a natural-born citizen of the Philippines.

A Member of the Supreme Court must be at least 40 years of age, and must have been for 15 years or
more a judge of a lower court or engaged in the practice of law in the Philippines

(2) The Congress shall prescribe the qualifications of judges of lower courts, but no person may be
appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine Bar

(3) A member of the Judiciary must be a person of proven competence, integrity, probity, and
independence (CIPI)

Collegiate Courts:
1. Supreme Court
2. Court of Appeals
3. Sandiganbayan
 4. Court of Tax Appeals

Qualifications of Members of the Judiciary

 Must be natural-born citizens of the Philippines
 At least forty years of age
 Must have been for fifteen years or more a judge of the lower court or engaged in the practice of law
in the Philippines
 Proven competence, integrity, probity, and independence
 These qualifications may not be altered by Congress

SECTION 8
(1) A Judicial and Bar Council (JBC) is hereby created under the supervision of the Supreme Court
composed of the Chief Justice as ex-officio Chairman, the Secretary of Justice, and a representative of
the Congress as ex-officio Members, a representative of the Integrated Bard, a professor of law, a
retired Member of the Supreme Court, and a representative of the private sector

(2) The regular members of the Council shall be appointed by the President for a term of 4 years with the
consent of the Commission on Appointments. Of the members first appointed, the representative of
the Integrated Bar shall serve for 4 years, the professor of law for 3 years, the retired Judge for 2 years,
and the representative of the private sector for 1 year

(3) The Clerk of the Supreme Court shall be the Secretary ex-officio of the Council and shall keep a record
of its proceedings
(4) The regular members of the Council shall receive such emoluments as may be determined by the
Supreme Court. The Supreme Court shall provide in its annual budget the appropriations for the
Council

(5) The council shall have the principal function of recommending appointees to the Judiciary. It may
exercise such other functions and duties as the Supreme Court may assign to it

The Judicial and Bar Council

 Principal function of the council is to recommend to the President appointees to the Judiciary
 From among the nominees, the President appoints judges without need for confirmation by a
Commission on Appointments
 Composed of:
o 3 ex-officio Members – Chief Justice, as ex-officio Chairman, Secretary of Justice, Representative
of Congress
o 4 regular Members – representative of the Integrated Bar, a professor of Law, a retired member
of the Supreme Court, representative of the private sector
 The regular members are appointed by the President for a term of 4 years with the consent of the
Commission on Appointments

SECTION 9
The Members of the Supreme Court and judges of lower courts shall be appointed by the President from a list
of at least 3 nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments need
no confirmation

For the lower courts, the President shall issue the appointments within 90 days from the submission of the list
Appointment of Justices and Judges
 Principal function of the Judicial and Bar Council is to form a list of nominees to the judiciary out of
which the President chooses appointees as Justices and judges
 For every vacancy, the council submits to the President at list of at least 3 names
 The president may not appoint anybody who is not in the list. IF not satisfied, he may ask for another
list
 Once appointment is issued by the President, and accepted by nominee, it needs no further
confirmation
 For the lower courts, the President is given 90 days from submission of the list to issue an appointment
 The Constitution authorizes the Present to appoint Justices and judges and not the authority merely to
designate a non-member of the supreme court temporarily to sit as justice of the supreme court

SECTION 10
The salary of the Chief Justice and of the Associate Justice 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.

Diminution of Salary
 Prohibition on the diminution of the salary of the justices and judges during their continuance in office
is intended as protection for the independence of the judiciary however it is still taxable

SECTION 11
The Members of the Supreme Court and judges of lower courts shall hold office during good behavior until
they reach the age of seventy years or become incapacitated to discharge the duties of their office

The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their dismissal
by a vote of a majority of the Members who actually took part in the deliberation on the issues in the case and
voted thereon

Security of Tenure in the Judiciary

 Is essential to an independent judiciary
 Members of the Supreme Court are removable only by impeachment
 Decision en banc is needed in dismissal of a judge, disbarment of a lawyer, suspension of either for
more than one year, or a fine exceeding 10,000

SECTION 12
The members of the Supreme Court and of other courts established by law shall not be designated to any
agency performing quasi-judicial or administrative functions

Non-judicial Assignments
 Members of the Supreme Court and of other courts established by law shall not be designated to any
agency performing quasi-judicial or administrative functions

SECTION 13
The conclusions of the Supreme Court in any case submitted to it for decision en banc or in division shall be
reached in CONSULTATION before the case is assigned to a Member for the writing of the opinion of the Court .
A certification to this effect signed by the Chief Justice shall be issued and a copy thereof attached to the
record of the case and served upon the parties. Any 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 collegiate courts.

Process of decision making

 This provision obliges all Justices of the Supreme Court to study every case to be decided en banc or by
the division to which they belong
 Absence of certification would not have the effect of invalidating the decision

SECTION 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

Contents of Decision of Courts

 A decision with absolutely nothing to report is a nullity, it is open to direct attack
 A decision must state the essential ultimate facts upon which the court’s conclusion is drawn
 No decision shall be rendered by any court without expressing therein clearly and distinctly the facts
and the law on which it is based, but it does not preclude the validity of memorandum decisions

SECTION 15
All cases or matters filed after the effectivity of this Constitution must be decided or resolved within 24
months from date of submission for the Supreme Court, and, unless reduced by the Supreme Court, 12
months for all lower collegiate courts, and 3 months for all other lower courts

A case or matter shall be deemed submitted from decision or resolution upon the filing of the last pleading,
brief, or memorandum required by the Rules of Court or by the court itself

Upon the expiration of the corresponding period, a certification to this effect signed by the Chief Justice or
the presiding judge shall forthwith be issued and a copy thereof attached to the record of the case or matter,
and served upon the parties. The certification shall state why a decision or resolution has not been rendered
or issued within said period
Despite the expiration of the applicable mandatory period, the court, without prejudice to such responsibility
as may have been incurred in consequence thereof, shall decide or resolve the case or matter submitted
thereto for determination, without further delay

Period for Making Decisions

 24 months for the Supreme Court
 12 months for lower collegiate courts
 3 months for all other courts
 Sandiganbayan, being a trial court, has a 3-month period
 Respective period is mandatory and failing to comply can subject a supreme Court justice to
impeachment for culpable violation of the constitution and a lower court justice or judge to disciplinary
action
 Code of Judicial Conduct – requires judges to decide cases and matters pending before them within
the period fixed by law. Failure to do so is considered gross inefficiency and warrants administrative
sanctions
  A heavy case load and poor health may partially excuse such lapses, but only if the judges concerned
request reasonable extensions

SECTION 16
The Supreme Court shall, within 30 days from the opening of each regular session of the Congress, submit to
the President and the Congress an annual report on the operations and activities of the Judiciary

ARTICLE IX – CONSTITUTIONAL COMMISSIONS

A. COMMON PROVISIONS

SECTION 1
The Constitutional Commissions, which shall be independent, are the Civil Service Commission, the
Commission on Elections, and the Commission on Audit

The Constitutional Commissions – to protect their integrity, they have been made independent constitutional
bodies
1. Civil Service Commission – personnel office of government
2. Commission on Audit – the auditing office
3. Commission on Elections – charged with the administration of all the important electoral process

SECTION 2
No Member of a Constitutional Commission shall, during his tenure, holy any other office or employment.
Neither shall he engage in the practice of any profession or in the active management or control of any
business which in any way may be affected by the functions of his office, nor shall he be financially interested,
directly or indirectly, in any contract with, or in any franchise or privilege granted by the government, any of
its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations or their
subsidiaries

SECTION 3
The salary of the Chairman and the Commissioners shall be fixed by law and shall not be decreased during
their tenure

SECTION 4
The Constitutional Commissions shall appoint their officials and employees in accordance with law

Appointing Power
 Constitutional Commissions are offices specifically authorized by the Constitution to appoint their
officials, subject to Civil Service Law and Rules

SECTION 5
The Commission shall enjoy fiscal autonomy. Their approved annual appropriation shall be automatically and
regularly released

Automatic release of funds

 DBM is obligated to automatically release amounts appropriated
 DBM may not retain a portion of the amount nor may it program release
  “no report, no release” of COA may not be validly enforced against offices with fiscal autonomy

SECTION 6
Each Commission en banc may promulgate its own rules concerning pleadings and practice before it or before
any of its offices. Such rules however shall not diminish, increase, or modify substantive rights

Independence of the Commissions

 Protective measures against outside influences and political pressures:
1. Section 2 – imposes prohibitions against engaging in activities which can distract from
responsibilities or subject them to pressures and temptations
o Practice of profession does not include teaching, ex. Law teacher
o Does not prohibit from owning a business, but only prohibits from being a managing officer
or a member of the governing board of a business
o Prohibition of financial interest in government contracts or franchises applies to:
a. Contracts with subsidiaries of government corporations – formed by general
corporation law (not by special law)
2. Section 3 – protects salary from diminution during their continuance in office
3. Section 4 – gives them independent powers of appointment but in accordance with law
4. Section 5 – gives fiscal autonomy, approved annual appropriations shall be automatically and
regularly released, not subject to pre-audit
5. Section 6 – gives authority, en banc, to promulgate rules of procedure
o In case of conflict with a Rule of Court:
a. If the proceeding is before a Commission, rule of the Commission shall prevail
b. If the proceeding is before a court, the Rules of Court prevail
o SC has no power to disapprove Commission rules except thru Judicial Review
o Congress may not review the rules promulgated
o However, in Article 8, Section 5 (5), rules of procedure of special courts and quasi-
judicial bodies shall remain effective unless disapproved by the Supreme Court
o IF the rules promulgated by a Commission are inconsistent with a statute, statute
prevails
6. Commissioners are given a fixed term, and are removable only by impeachment

SECTION 7
Each Commission shall decide by a majority vote of all its Members any case or matter brought before it
within 60 days from the date of its submission for decision or resolution. A case or matter is deemed
submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by
the rules of the Commission or by the Commission itself. Unless otherwise provided by this Constitution or by
law, any decision, order, or ruling of each Commission may be brought to the Supreme Court on certiorari by
the aggrieved party within 30 days from receipt of a copy thereof

Decision of the Commissions

 Since Commissions are collegial bodies, decisions are made by the body and not by individual
members
 Decisions are reached by a majority vote
 Commissions may not promulgate unanimity rule
 These applies whether en banc or in division
 In COMELEC, there is a full Commission to form en banc if there are 4 Commissioners left
 Majority vote of ALL its Members are needed for the Commission en banc to reach a decision
  Decision must be reached within 60 days from the date of its submission
 Deemed submitted upon the filing of the last pleading, brief, or memorandum
 Dissenting opinion is not a requirement for a decision to be valid
 There is no decision until the draft is signed and promulgated

Review of Decisions
 Decisions of the Commissions may be brought to the Supreme Court on Certiorari on the grounds of:
1. Grave abuse of discretion
2. Lack of jurisdiction
3. Excess of jurisdiction
 What is referred to is a special civil action for certiorari under Rule 65, which requires that a petitioner
must first file a motion for reconsideration
 Now, however, judgments or final orders of quasi-judicial agencies may be appealed to the Court of
Appeals within 15 days from notice thereof
 Certiorari jurisdiction of the Supreme Court is limited to decisions rendered in actions or proceedings
taken cognizance of by the Commissions in the exercise of their adjudicatory or quasi-judicial powers,
and does not refer to purely executive powers such as those which relate to the COMELEC’s appointing
power

SECTION 8
Each Commission shall perform such other functions as may be provided by law

B. The Civil Service Commission

SECTION 1
(1) The civil service shall be administered by the Civil Service Commission composed of a Chairman and Two
Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at
least 35 years of age, with proven capacity for public administration, and must not have been candidates for
any elective position in the elections immediately preceding their appointment

(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the
Commission on Appointments for a term of 7 years without reappointment. Of those first appointed, the
Chairman shall hold office for 7 years, a Commissioner for 5 years, and another Commissioner for 3 years,
without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor.
In no case shall any Member be appointed or designated in a temporary or acting capacity.

Purpose and History of the System

 Origin dates back in 1854 where it was borrowed from the British administration in India
 Included simply the professional body of officials employed by the state in non-military and non-
judicial services
 1935, civil service system was created by law
 1973, it was created by the constitution
 Constitutionally created system was necessary because a Civil Service created by law has not been able
to eradicate the ills and the evils envisioned by the framers of the 1935 Constitution, because if created
by law it is beholden to the creators of that law and is therefore not politics-free, not graft-free and not
corruption-free. As long as the law is the reflection of the ruling class, the Civil Service that will be
created and recreated by law will not serve the interest of the people but only the interest of the few
and the enhancement of family power, advancement and prestige
 Objective is to establish and promote professionalism and efficiency in public service
Organization of the Commission
 Composition:
o Chairman
o Two Commissioners
 Appointed by the President with consent of the Commission on Appointments
 Qualifications:
1. Natural-born citizen
2. At least 35 at time of appointment
3. With proven capacity for public administration
4. Must not have been candidates for any elective position in the elections immediately preceding
their appointment
 Term of Commissioners is 7 years and they may not be reappointed, even if the Commissioner has
served for less than 7 years
 Staggering of terms mean every 2 years, 1 Commissioner expires leaving always 2 veteran
Commissioners behind
 Staggered rotation system requirements:
1. Appointment to any vacancy shall be only for the unexpired portion of the term of the
predecessor
2. Starting point of all the first appointments was Feb 2, 1987, when the Constitution took effect.
Thus, term for all subsequent appointees start on Feb 2 even if they actually assume office
later than Feb 2. Whatever hiatus there may be between Feb 2 and the actual assumption of
office affects only the tenure but not the term

 “In no case shall any Member be appointed or designated in a temporary or acting capacity” – this
means should there be a vacancy in the office of Chairman, the vacancy may not be filled by the
President by designating one of the Commissioners a temporary Chairman. The Commission itself
must choose the temporary Chairman

SECTION 2
(1) The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the
Government, including GOCC with original charters

(2) Appointments in the civil service shall be made only according to merit and fitness to be determined,
as far as practicable, and EXCEPT to positions which are policy-determining, primarily confidential or
highly technical, by competitive examination

(3) No officer or employee of the civil service shall be removed or suspended except for cause provided
by law

(4) No officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or
partisan political campaign

(5) The right to self-organization shall not be denied to government employees

(6) Temporary employees of the Government shall be given such protection as may be provided by law

Scope of the System

  All branches, subdivisions, instrumentalities, and agencies of the Government cannot escape the reach
of the Civil Service Law, including the Economic Intelligence and Investigation Bureau of the
Department of Finance
 In 1935, since it embraced only “all branches and subdivision of the government,” it excluded GOCCs
 In 1973, Intent of the Constitution to cover all government-owned corporation could not be
circumvented through the incorporation under a general law such as the Corporate Code
 1987 Constitution modified the rule, The Civil Service now covers not all government-owned or
controlled corporations but only those “with original charters,” that is those corporations which have
been created by special law and not through the general corporation law
 Thus, test for determining if government owned corporation comes under the Civil Service System is
the manner of creating of the corporation to which they belong
 The moment a corporation ceases to be government controlled, for instance, if it is privatized, it
ceases to fall under the Civil Service
 In terms of personnel, the system includes both:
1. Employee – generally used in reference to persons in the public service, includes any person in
the service of the Government or any branch thereof of whatever grade or class
2. Officer – as distinguished from clerk or employee, refers to those officials whose duties, not
being of a clerical or manual nature, may be considered to involve the exercise of discretion in
the performance of the functions of government, whether such duties are precisely defined by
law or not. When used with reference to a person having authority to do a particular act or
perform a particular function in the exercise of government power, shall include any
Government employee, agent, or body having authority to do the act or exercise the function in
question
 Entities under the civil service system are not completely beyond the reach of the Department of Labor
or labor laws, such as when a government entity under Civil Service enters into a contract with a
security agency or a janitorial agency, it becomes a direct employer of the security guards or janitors.
In such a situation, under the Labor Code, the liabilities for wages are joint and solidary with the
contractor

Classification and appointments

 Section 2 is the basis for classifying positions in the civil service into:
1. competitive position – appointment is according to merit and fitness as determined by
competitive examination
2. non-competitive positions – those which by their nature are policy-determining, primarily
confidential, or highly technical. Exempt from examination as merit and fitness are determined
by other modes which may be prescribed by law, such as a certain level of academic degree
 Policy-determining position – one charged with the duty to “formulate a method of action for the
government or any of its subdivisions”
 Highly technical position – required to possess a technical skill or training in the supreme or superior
degree
 Primarily confidential – when the President, upon the recommendation of the Civil Service
Commission, has declared the position to be primarily confidential, and when the position by nature, is
primarily confidential
 Ultimately, however, whether a position is policy-determining, primarily confidential or highly technical
is a judicial question. Classification made by the executive, is not determinative of the nature of the
position
 Purpose of the classification is in relation to the appointing process, as they are exempt from
competitive examination as a means for determining merit and fitness
Role of the Civil Service Commission in appointments
 Limited to the determination of the qualifications of the candidates
 It plays no role in the choice of the person to be appointed
 Civil Service Commission cannot substitute its judgment for that of the appointing authority
 It is a different matter, however, when, after having extended an appointment that is immediately
accepted, the appointing authority withdraws the same and extends it to someone else. In this
situation, the Commission is within its authority when it orders the reinstatement of the first appointee
 Withdrawal of an appointment already accepted would be tantamount to removal and would violate
security of tenure
 Next-in-rank rule – is prescribed by law, but cannot be read to compel the appointing authority to
appoint the person next in rank if others, even if lower in rank, are qualified for the post. Appointing
authority is not bound to adhere strictly to such rule because the legislature may not impair the free
choice of the appointing power
Security of tenure
 Efficiency of a civil service system depends largely on the morale of the officers and employees in the
service
 Morale can be fatally undermined when the security of officers in the possession of their office is
unprotected against the arbitrary action of superior officers
 Basic in a healthy civil service system are:
1. Guarantee of security of tenure
2. Guarantee against arbitrary impairment
3. Whether total or partial, guarantee of the right to continue in the position held
 Section 2 (3) guarantees that suspension or dismissal can be made only “for cause provided by law”
o Dismissal includes demotion or transfer which involves reduction of pay or rank
o Guarantees of both:
a. procedural due process – require that suspension or dismissal come only after notice
and hearing
b. substantive due process – require that suspension or dismissal be “for cause,” meaning
for reasons which the law and sound public policy recognize as sufficient warrant for
removal, that is, legal cause, and not merely causes which the appointing power in the
exercise of discretion may deem sufficient
 Civil Service Code, PD no. 807, details the substantive grounds and the procedure for disciplinary action
 Non-competitive positions also enjoy security of tenure
 However, officials and employees holding primarily confidential functions are a special case. Their
term is deemed to be coterminous with the confidence, meaning they “continue only for so long as
confidence in them endures.” The termination of their official relation can be justified on the ground
of loss of confidence because in that case their cessation from office involves no removal but the
expiration of the term of office – 2 different causes for the termination of official relations recognized
in the Law of Public Officers
 Security of tenure cannot be circumvented by abolition of office
 For abolition of office to escape the taint of unconstitutionality, it must be made:
1. In good faith
2. Not for personal or political reasons
3. Not in violation of the law
 Abolition of office created by law can only be done also by law
  For presidential appointees, their procedure is administered by the President and not by the Civil
Service Commission. The President has the power to discipline them because the power to appoint
includes the power to remove.
 However, career service officers and employees who enjoy security of tenure may be removed only
for any of the causes enumerated in said law, even if presidential appointee
 Security of tenure is not based on the manner of determining merit and fitness but on the nature
either of the office or of the appointment that has been extended
 Guarantee of security of tenure is enjoyed only by permanent appointees
 Temporary appointees are removable any time even without cause, by the appointing authority
 However, temporary employees of the Government shall be given such protection as may be provided
by law
 Guarantee of security of tenure covers:
1. Removal
2. Other disciplinary actions, suspension
3. Transfers – transfer of permanent employee to another permanent position without the
consent of the employee violates security of tenure
 Security of Tenure – enjoyed only by those who possess a permanent position
 A person lacking the necessary qualifications who is given a temporary appointment does not
automatically become a permanent appointee when he or she acquires the required qualification

Electioneering or partisan political activity

 Section 2(4) is intended to keep the Civil Service free of the deleterious effects of political partisanship
 Partisan political activity includes:
1. Every form of solicitation of the elector’s vote in favor a specific candidate
2. Contribution of money for election purposes and distribution of handbills
 However, the provision does not prevent any officer or employee from expressing his views on current
political problems or issues, or from mentioning the names of candidates for public office whom he
supports, nor does it prohibit a person from voting or from joining civic organizations that are non-
partisan in character
 The rule however does not apply to members of the Cabinet. Their positions are essentially political
and they may engage in partisan political activity

The right to self-organization

 The right to form organizations is guaranteed in the Constitution
 However, they do not bargain for wages because these are fixed in the budget but they do acquire a
forum where, among other things, professional and self-development is promoted and encouraged
 They act as watchdogs of their own bosses so that when graft and corruption is committed, it is the
unions who are no longer afraid by virtue of the armor of self-organization that become the public’s
own allies for detecting graft and corruption and for exposing it
 Right to self-organization does not include the right to strike. In the Bill of Rights, there is a provision
that the right to form associations or societies whose purpose is not contrary to law shall not be
abridged. If the purpose of the state is to prohibit strikes coming from employees performing
government functions, that could be done because the moment that is prohibited, then the union
which will go on strike will be an illegal union
 This does not mean however, that they may not be given the right to strike by statute

SECTION 3
The Civil Service Commission, as the central personnel agency of the Government, shall establish a career
service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and
courtesy in the civil service. It shall strengthen the merit and rewards system, integrate all human resources
development programs for all levels and ranks, and institutionalize a management climate conducive to public
accountability. It shall submit to the President and the Congress an annual report on its personnel programs.

Powers of the Commission

 Is the central administrative agency of the government, nothing more. It can perform the ff:
1. Executive powers
2. Quasi-judicial powers
3. Quasi-legislative or rule-making powers
o Power to promulgate and enforce policies on personnel actions, classify positions, prescribe
conditions of employment except as to compensation and other monetary benefits which shall
be provided by law
 May revoke a certificate of eligibility

SECTION 4
All public officers and employees shall take an oath or affirmation to uphold and defend the Constitution

Oath to defend the Constitution

 Meant to cover all civilian public officers, whether elective or appointive

SECTION 5
The Congress shall provide for the standardization of compensation of government officials and employees,
including those in government-owned or controlled corporations with original charters, taking into account
the nature of the responsibilities pertaining to, and the qualifications required for their positions

Standardization of compensation
 Rationalization for this may be found in the Justification and Supporting Tables which accompanied the
Integrated Reorganization Plan of 1972
o Through collective bargaining, employees of government corporations have been able to
secure not only higher salaries but liberal fringe benefits
o Presidential Committee to Study Corporate Salary Scales studied the average compensation
in some corporations

SECTION 6
No candidate who has lost in any election shall, within one year after such election, be appointed to any
office in the government or any government-owned or controlled corporations or in any of their subsidiaries

Political lame ducks

 Prohibits appointment of defeated candidates within 1 year following their defeat
 Along with Section 7, intended to help eradicate the spoils system

SECTION 7
No ELECTIVE official shall be eligible for appointment or designation in any capacity to any public office or
position during his tenure.
Unless otherwise allowed by law or by the primary functions of his position, no APPOINTIVE official shall
hold any other office or employment in the Government or any subdivision, agency or instrumentality thereof,
including government-owned or controlled corporations or their subsidiaries.

Political opportunism and spoils

 Prohibits elective officials other than members of Congress from accepting appointment during their
tenure
o If elective official accepts without first resigning his elective position, the appointment is invalid.
He does not however forfeit his elective seat
o Congress may not create an exception to this rule
 Prohibition for appointive officials is not absolute: they may hold another office if allowed by law or by
the primary function of their position
o Performing a function covered by the primary functions of an office does not necessarily mean
appointment to a different office
o Current law recognized and required ex officio membership of certain high-ranking executive
officials in other offices and corporations

SECTION 8
No ELECTIVE or APPOINTIVE public officer or employee shall receive additional, double, or indirect
compensation, unless specifically authorized by law, nor accept without the consent of the Congress, any
present, emolument, office, or title of any kind from any foreign government.

Pensions or gratuities shall not be considered as additional, double, or indirect compensation

Additional or double compensation

 Honorarium has been used to circumvent this
 A retiree receiving pension or gratuity can continue to receive such pension or gratuity even if he
accepts another government position to which another compensation is attached
 Prohibition against additional or double compensation – another constitutional curb on the spending
power of the government
o Manifest a commitment to the fundamental principle that a public office is a public trust
o Public employment as a means for the acquisition of wealth is to be resisted
o There is to be awareness that an officer or employee of the government can only receive such
compensation as may be fixed by law
 Additional compensation - when for one and the same office for which a compensation has been fixed
there is added to such fixed compensation an extra reward, ex. Bonus
o this is not allowed in the absence of a law
o per diem it not an additional compensation
 Double compensation – refers to 2 sets of compensation for 2 different offices held concurrently by
one officer
o when an officer accepts a 2nd office, he can draw the salary attached when is specifically
authorized by law to receive double compensation
o the President may authorize double compensation in some cases

Present, emolument, office or title from a foreign state

 Upon conviction, he will be punished with imprisonment, not to exceed one year, and disqualification
to hold any public office for a period of not less than 3 years nor more than 10 years
C. THE COMMISSION ON ELECTIONS

SECTION 1
(1) There shall be a Commission on Elections composed of a Chairman and 6 Commissioners who shall be
natural-born Citizens of the Philippines and, at the time of their appointment, at least 35 years of age,
holders of a college degree, and must not have been candidates for any elective position in the
immediately preceding elections. However, a majority thereof, including the Chairman, shall be members
of the Philippine Bar who have been engaged in the practice of law for at least 10 years.

(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the
Commission on Appointments for a term of 7 years without reappointment. OF those first appointed, 3
Members shall hold office for 7 years, 2 Members for 5 years, and the last 2 Members for 3 years, without
reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no
case shall any Member be appointed or designated in a temporary or acting capacity.

Composition, qualifications, appointment, term

 Composition:
o 1 Chairman
o 6 Commissioners
 Qualification:
1. Natural-born citizens of the Philippines
2. 35 years old at time of appointment
3. Holders of a college degree, but a majority including the Chairman, must be members of the
Philippine Bar who have been engaged in the practice of law for at least 10 years
 “engage in the practice of law” means:
a. engaging in any activity, in or out of court, which requires the application of law,
legal knowledge, training and experience
b. to give notice or render any kind of service, which device or service requires the
use in any degree of legal knowledge or skill
c. Must not have been candidates for any elective position in the immediately preceding elections

 Appointment:
o By the President with the consent of the Commission on Appointments
o An ad interim appointment, one made in pursuant of Article, which provides that the President
shall have the power to make appointments during the recess of the Congress, but such
appointment shall be effective only until disapproval by the Commission on Appointments or
until the next adjournment of the Congress, is permanent in character. The circumstance that it
is subject to confirmation does not alter its permanent character
o Constitution imposes no condition on the effectivity of an ad interim appointment and thus
takes effect immediately
o Prohibition of reappointment is only for one who has been confirmed by the Commission on
Appointments, thus an ad interim appointment does not violate the prohibition on
reappointments
o Temporary appointment or appointment in acting capacity is prohibited
 A temporary Chairman is an internal matter which comes under the discretion of the
Commission as a body and that such discretion cannot be exercised for the Commission
by anybody else
 Term:
 o 7 years without reappointment
o Staggered terms make it unlikely that all the Commissioners at any one time are appointees of
the same President
o Terms shall have a fixed starting time on Feb 2

SECTION 2
The Commission on Elections shall exercise the following powers and functions:

(1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite,
initiative, referendum, and recall
(2) Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and
qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all
contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving
elective barangay officials decided by trial courts of limited jurisdiction

Decisions, final orders, or ruling of the COMELEC contests involving elective municipal and barangay
offices shall be final, executory, and not appealable
(3) Decide, except those involving the right to vote, all questions affecting elections, including
determination of the number and location of polling places, appointment of election officials and
inspectors, and registration of voters
(4) Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of
the government, including the AFP, for the exclusive purpose of ensuring free, orderly, honest,
peaceful, and credible elections
(5) Register, after sufficient publication, political parties, organizations, or coalitions which…
(6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of
voters; investigate and, WHERE APPROPRIATE, prosecute cases of violations of election laws, including
acts or omissions constituting election frauds, offenses, and malpractices
(7) Recommend to the Congress effective measures to minimize election spending, including limitation of
places where propaganda materials shall be posted, and to prevent and penalize all forms of election
frauds, offenses, malpractices, and nuisance candidacies
(8) Recommend to the President the removal of any officer or employee it has deputized, or the
imposition of any other disciplinary action, for violation or disregard of, or disobedience to its directive,
order or decision
(9) Submit to the President and the Congress a comprehensive report on the conduct of each election,
plebiscite, initiative, referendum, or recall

Nature of the powers of the Commission

 Like the CSC, COMELEC is also an administrative agency. Therefore, the powers it possesses are:
1. Executive
2. Quasi-judicial
 By exception, however, it has been given judicial power as sole judge of all contests
relating to elections, returns, and qualifications of all elective local officials
 Judicial power, however, is in a limited way:
The commission has limited powers to issue writs of certiorari, prohibition and
mandamus granted by BP 697 but only in connection with its appellate jurisdiction
  Has the power to review decisions of municipal courts on municipal election contests
- 5-day period for making an appeal
3. Quasi-legislative
 Power to issue rules and regulations to implement election laws

Historical development of Commission’s administrative powers: 1935-1987

 1935:
o Only preventive not curative powers, thus COMELEC
 1973:
o Election returns which are coerced returns are no returns at all and the COMELEC has the
power to reject them
o COMELEC had the authority to annul election returns
o Also has the authority to call a special election, relying on the broard powers to ensure free,
orderly and honest elections
 Has jurisdiction over cases involving plebiscites
o Ex. Whether the electorate of Taguig voted in favor of or against the conversion of the
municipality of Taguig into a highly urbanized city
 Authority of the ascertainment of the identity of a political party and its legitimate officers

Election Contests
 Appellate jurisdiction includes the power to issue writs of certiorari, prohibition, and mandamus
 GENERAL RULE: proclamation of a congressional candidate divests COMELEC of jurisdiction in favor of
the proper Electoral tribunal, even if validity of proclamation is questioned
 BUT in the case of local elected officials, even after proclamation, the COMELEC retains power to
decide controversies
 Excludes jurisdiction of Sangguniang Kabataan which is given to the Department of Local Government
 Non-appealable character refers only to questions of fact and not of law
 Moreover, such decisions remain subject to the jurisdiction of the Supreme Court through the special
civil action of certiorari under RULE 65
 Has the power to examine the validity of proclamations and to nullify or approve them according to its
findings
 Proclamation is recognized as the absolute dividing line between contests and pre-proclamation
controversies
 COMELEC’s jurisdiction over a pre-proclamation controversy is administrative or quasi-judicial and is
governed by less stringent requirements of administrative due process whereas jurisdiction over
contests is judicial and should be governed by the requirements of judicial due process

Section 2(3): Powers not given

 Not empowered to decide questions involving the right to vote
 The power to determine who can vote is a judicial question
 Does not have the power to transfer municipalities from one congressional district to another for
purpose of preserving proportionality
 Election cases must first be decided in division
 A decision, resolution or ruling of a division is elevated en banc

Section 2(4): Deputizing law enforcement agencies

 Can be exercised only with the concurrence of the President since officers who can be deputized
belong to the executive department
  Has no disciplinary powers over the officers it may deputize, all the commission can do is recommend
disciplinary action to the President

Section 2(5): Registration of parties and organizations

 Turn-coatism – party-switching which was a violation in 1973s
 Now, a free and open party system shall be allowed to evolve according to the free choice of the
people
 Registration – important because a political party or organization acquires juridical personality by
registration
o It informs the people of the party’s or organizations’ existence and of its ideals, and it identifies
the parties and its officers for purposes of regulation by the COMELEC
 An unregistered party or organization cannot participate in the party-list system
 The power to register also includes the power to de-register
 Exceptions to registration:
1. Religious denominations and sect
Ex. Catholic church, various Protestant denominations, Non-Christian religions
 Does not refer to political parties which draw their inspiration from religious beliefs
2. Those which seek to achieve their goals through violence or unlawful means
3. Those which refuse to uphold and adhere to this Constitution
4. Those which are supported by any foreign government

Section 2(6): Prosecution of election offenses

 Authorizes the Commission to investigate and prosecute violations of election laws, an exclusive power
 Thus, fiscals or prosecutors can file information charging an election offense only when they have been
deputize by the COMELEC. But the complainant has the burden, as it is his responsibility, to follow
through his accusation and prove his complaint
 When the Commission acts as prosecutor, its actions and decisions are subject to the authority of the
trial judge
 Covers not just criminal cases, but also administrative cases
o Thus, where the Commission has deputized a City Prosecutor as election canvasser, such
Prosecutor cannot claim immunity from the power of the Commission on the argument that he
comes under the executive department. The Commission has power over all persons required
by law to perform duties relative to the conduct of elections. However, the Commission may
merely issue a recommendation for disciplinary action to the President

Section 2(7), (8), (9) Recommendatory Powers

 Enumerate the specific recommendatory powers

SECTION 3
The Commission on Elections may sit en banc or in 2 divisions, and shall promulgate its rules of procedure in
order to expedite disposition of election cases, including pre-proclamation controversies.

All such election cases shall be heard and decided in division, provided that motions for reconsideration of
decisions shall be decided by the Commission en banc.

Commission decisions
 Decisions are reached by majority vote
 Rules may not require unanimity
  But rules should expedite disposition of election cases
 Omnibus Election Code says that COMELEC shall decide all election cases brought before it within 90
DAYS from the date of submission
o Is not a hard and fast rule
 2 IMPORTANT RULES:
1. Motions for reconsideration are decided en banc
 Only when subject is a resolution of substantive issues
 Limits certiorari to decisions of the COMELEC en banc
2. Election cases are decided in division
 Any decision en banc as regards election cases decided by it in the first instance is null
and void

SECTION 4
The Commission may, during the election period….

Regulation of public utilities, media, franchises

 Transportation and other public utilities as well as mass media play a very important role in elections
and can be used to disrupt free, orderly, and honest elections
 During election period therefore, they may be supervised or regulated by the Commission
 Constitutional problems can arise from this power:
1. Due process
2. Equal protection
3. Freedom of speech and press
 Unlawful for any mass media to sell or to give free of charge print space or air time for campaign or
other political purposes except to the Commission

SECTION 5
No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and regulations
shall be granted by the President without the favorable recommendation of the Commission

Pardons, etc
 Recommendation of the Commission must be favorable

SECTION 6
A free and open party system shall be allowed to evolve according to the free choice of the people, subject to
the provisions of this Article

SECTION 7
No votes cast in favor of a political party, organization, or coalition shall be valid, except for those registered
under the party-list system as provided in this constitution

SECTION 8
Political parties, or organizations or coalitions registered under the party-list system, shall not be represented
in the voters’ registration boards, boards of election inspectors, boards of canvassers, or other similar boards.
However, they shall be entitled to appoint poll watches in accordance with law

From 2-party, to multi-party, to one-party, to multi-party system

  The 1987 Constitution once again makes a try at promoting a multi-party or open party system, which
means a disengagement from the sterile 2-party system of the past and the multi-party system will be
allowed to develop
 Party-list system – meant to be an instrument for fostering the multi-party system
 No political party or group is given representation in electoral bodies
SECTION 9
Unless otherwise FIXED by the Commission in SPECIAL CASES, the ELECTION PERIOD shall commence 90
before the day of election and shall end 30 days thereafter

Election period
 Election period – period of time needed for administering an election
 Campaign period – period of active solicitation of votes. This may be set by the legislature for a period
less than the “election period”

SECTION 10
Bona fide candidates for any public office shall be free from any form of harassment and discrimination

Equal protection of candidates

 Is a specification of the equal protection clause of the Bill of Rights
 Having special reference to unaffiliated or partyless bona fide candidates, extending to them the
equal protection of the law

SECTION 11
Funds certified by the Commission as necessary to defray the expenses for holding regular and special
elections, plebiscites, initiatives, referenda, and recalls, shall be provided in the regular or special
appropriations and, once approved, shall be released automatically upon certification by the Chairman of the
Commission

Fiscal Autonomy
 This provision together with the exemption of the Commission from pre-audit, should help towards
strengthening the independence of the Commission

D. The Commission on Audit

SECTION 1
(1) There shall be a Commission on Audit composed of a Chairman and 2 Commissioners, who shall be
natural-born citizens of the Philippines and, at the time of their appointment, at least 35 years of age,
certified public accountants with not less than 10 years of auditing experience, or members of the
Philippine Bar who have been engaged in the practice of law for at least 10 years, and must not have
been candidates for any election position in the elections immediately preceding their appointment. At
no time shall all Members of the Commission belong to the same profession
(2) The Chairman and the Commissioners shall be appointed by the President…

Purpose, organization, composition, appointment

 Purpose:
o Function of COA to examine the accuracy of the records kept and to determine whether
expenditures have been made in conformity with law and to take corrective action when
necessary
 o It is therefore through the COA, the people can verify whether their money has been properly
spent
 Composition:
o Chairman
o 2 Commissioners
 Qualifications:
1. Natural-born citizens of the Philippines
2. At least 35 years of age at the time of their appointment
3. Certified public accountants with a minimum of 10 years of auditing experience or members of
the Bar with a minimum exposure of 10 years in the practice of law
 No time shall all of them belong to the same profession
4. They must not have been candidates for any elective position in the elections immediately
preceding their appointment
 Appointment:
o By the President with the consent of the Commission on Appointments
 Term:
o 7 years each, staggered
 Reappointment and temporary appointment or designation are absolutely prohibited

SECTION 2 (1) The Commission on Audit shall have the power…

Powers and functions

 Powers and functions of COA may be classified to:
1. Examine and audit all forms of government revenues
2. Examine and audit all forms of government expenditures
3. Settle government accounts
 Has reference only to liquidated claims and not to unliquidated claims
 COA can only decide money claims based on law
4. Define the scope and techniques for its own auditing procedures
 This power is exclusive, to prevent conflict
5. Promulgate accounting and auditing rules including those for the prevention and disallowance
of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures
6. Decide administrative cases involving expenditures of public funds
 Auditing power of COA over GOCCs limited to those with original charters
 The COA however has only post-audit authority over:
1. Constitutional bodies, commissions and offices that have been granted fiscal autonomy
2. Autonomous state colleges and universities
3. Other GOCC and their subsidiaries
4. Such non-governmental entities receiving subsidy or equity, directly or indirectly, from or
through the government, which are required by law or by the granting institution to submit
such audit as a condition of subsidy or equity
 Even if pre-audit is already performed, the Commission is not estopped from making a post-audit
 Failure to comply with rules set by COA, can be grounds for disapproving the payment of a proposed
expenditure
 COA has authority to disapprove payments which it finds “excessive and disadvantageous to the
Government”
 COA has authority to determine the meaning of public bidding and when there is failure in the bidding
  COA can disallow a contract even after it has been executed and goods have been delivered, in such
case, the official entering into the contract is personally liable
 Has no competence relative to the criminal aspect of irregular expenditures

Private Auditors
 COA does not have the EXCLUSIVE POWER to examine and audit government agencies
 But COA’s findings and conclusions necessarily prevail over those of private auditors, at least insofar as
government agencies and officials are concerned.
 Government agencies and officials, remain bound by the findings and conclusions of the COA

Review of Commission Decisions

 Review by Supreme Court is limed to certiorari

SECTION 3
No law shall be passed exempting any entity of the Government or its subsidiary in any guise whatever, or
any investment of public funds, from the jurisdiction of the Commission on Audit

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