Constitutional Law 1 - Midterm - Mama Gie Notes

Constitutional Law 1: Mid Terms 6) State - community of persons, permanently occupying a fixed territory &
possessed of an independent government organized for political ends to

Reviewer (Based on Political Law by Isagani Cruz) which the great body of inhabitants render habitual obedience
a) Can be interchanged with the term "nation"
b) Acts of state - an act done by the sovereign power of a country, or by
its delegate, within the limits of the power vested in him; an act done
CHAPTER 1-3 by the political departments of the government & not subject to judicial
CONSTITUTION: DEFINITION, NATURE, CONCEPTS, ETC. review
c) Elements: c/o Montevideo Convention
1) Constitution - basic & paramount law to which all other laws must conform i) People - inhabitants of the state
& to which all persons must defer (1) Must be numerous enough to be self sufficing & to defend
2) Public law - law of relationships between individuals and the government themselves & small enough to be easily administered &
3) Political Law - deals with the organization & defines the relations of the sustained
state with the inhabitants of its territory ii) Territory - fixed portion of the surface of the earth inhabited by the
4) Fundamental Law - all educational institutions shall include the study of people of the state
the Constitution (1) Composed of land mass (terrestrial domain), inland & external
5) Kinds of Constitution - Philippine constitution is written, conventional, & waters (maritime & fluvial domain), air space above the land
rigid & water (aerial domain)
a) Written constitution - precepts are embodied in one document or set of iii) Sovereignty - supreme & uncontrollable power inherent in the state
documents by which the state is governed
b) Unwritten constitution - consists of rules which have not been (1) Two kinds:
integrated into a single, concrete form; rules include judicial decisions, (a) Legal sovereignty - the authority which has the power to
customs & traditions, statutes of a fundamental character, etc issue final commands
c) Conventional constitution - an enacted constitution; formally struck off (b) Political sovereignty - the power behind the legal
at a definite time & place sovereign or the sum of the influences that operate upon
d) Cumulative constitution - result of political evolution not inaugurated it
at any specific time but changing by accretion rather than by any (2) Interactions
systematic method (a) Internal Sovereignty - power of the state to control its
e) Rigid constitution - can be amended only by a formal process domestic affairs
f) Flexible constitution - one that can be changed by ordinary legislation (b) External Sovereignty - power of the state to direct its
relations with other states; also known as independence
CONSTITUTIONAL LAW 1: MIDTERM REVIEWER | SBCA-SOL | AY 2021-2022 | FIRST SEMESTER | 1

PROFESSOR: AMB. AMADO TOLENTINO | BASED ON PERSONAL NOTES, COLLATED REVIEWERS, & CRUZ’S BOOK
(3) Where there is a change of sovereignty, the political laws of in the course of war, & which is denominated as a
the former sovereign are not merely suspended but abrogated government of paramount force
(abrogate = repeal or do away with) (5) Government of the Philippines - defined as "corporate
iv) Government - agency or instrumentality through which the sill of governmental entity through which the function of
the state is formulated, expressed & realized government are exercised throughout the Philippines, save as
(1) Functions the contrary appears from the context, the various arms
(a) Constituent - constitute the very bonds of society & are through which political authority is made effective in the
therefore compulsory. Examples of these are: Philippines…"
(i) Keeping of order & providing for the protection of (6) Government as distinguished from administration -
persons & property administration runs the government; administration is the
(ii) Determination of contractual rights between group of persons in whose hands the reins of government are
individuals for the time being
(iii) Administration of justice in civil cases d) Status of Sovereignty of the Philippines during the Japanese
(b) Ministrant - undertaken to advance the general interests or Occupation
society & are merely optional. Examples of these are: i) Belligerent occupation of the Philippines by Japan
(i) Public charity ii) Sovereignty at the time was with the US but Japan was who
(ii) Regulation of trade & industry exercised the acts of sovereignty
(2) Doctrine of Parens Patriae - guardian of the rights of the iii) Sovereignty is not deemed suspended but the acts of sovereignty
people cannot be exercised by the legitimate authority
(3) De jure government - has rightful title but no power or control
(4) De facto government - a government of fact, actually exercises
power or control but without legal title CHAPTER 4
(a) Three kinds of de facto government DOCTRINE OF STATE IMMUNITY
(i) The government that gets possession & control of by
force or by the voice of the majority, the rightful, legal 1) Section 3, Article 16 (General Provisions) of the 1987 Constitution
government & maintains itself against the will of the a) "The State may not be sued without its consent
latter 2) Basis
(ii) That established as an independent government by the a) Practical considerations - demands & inconveniences of litigation will
inhabitants of a country who rise in insurrection divert the time & resources of the State from more pressing matters
against the parent state b) Principle of the Sovereign Equality of States - one state cannot assert
(iii) That which is established & maintained by military jurisdiction over another in violation of the maxim par in parem non
forces who invade & occupy a territory of the enemy habet imperium which means 'unduly vex the peace of nations'

c) Concepts of Sovereign Immunity e) Test
i) Classical or Absolute Theory - a sovereign cannot, without its i) Assuming the decision is rendered against the public officer
consent, be made a respondent in the courts of another sovereign impleaded, enforcement thereof will require an affirmative act
ii) Restrictive Theory - the immunity of the sovereign is recognized from the State
only with regard to the public acts of a state, but not with regard to (1) If the State does act, the suit is one against the State & its
private acts inclusion as party defendant is necessary
(1) Philippine adheres to the Restrictive theory ii) State immunity from suit may be invoked as long as the suit really
d) Not all public acts of the State is exempt from suit affects the property, rights or interests of the State and not merely
i) Like in the case if its exercise of eminent domain when done those of the officers nominally made party defendants.
without just compensation 4) Royal Prerogative of Dishonesty
e) The Supreme Court (in CNMEG v Sta Maria), ruled that immunity a) The State may, if it so desires, divest itself of its sovereign immunity
from suit is determined by the character of the objects for which the & thereby voluntarily open itself to suit
entity was organized b) Need consent!
3) Application 5) Generally, a suit is against the state in the following instances
a) Usual practice is to file against the officer of the government who is a) When the Republic is sued by name
supposed to discharge the responsibility or grant the redress demanded b) When the suit is against an unincorporated government agency
b) Determine if the State is the real party in interest, that the claimed if c) When the suit is on its face against a government officer but the case is
proved will be a direct liability of the State & not merely of the officer such that ultimate liability will belong not to the officer but to the
impleaded government
c) The State has to waive immunity 6) Kind of agencies
d) There are instances when a public officer may be sued in his official a) Incorporated agency
capacity without the necessity of first obtaining consent of the State to i) has a charter of its own that invests it with a separate juridical
be sued personality
i) A public officer may be impleaded to require him to do a duty ii) The test of suability is found in its charter
required by law or to restrain him from doing an act alleged to be iii) Simple rule - it is suable if the charter says so, regardless of the
unconstitutional functions it is performing
ii) Where an action is filed against a public officer for recovery only b) Unincorporated agency
of title or possession of property claimed to be held by him in his i) no separate juridical personality but is merged in the general
official capacity, the action is not a suit against the State machinery of the government

7) The state can be sued in the following cases/scenarios: (2) When the State commences litigation against a private party,
a) If the state gives consent to be sued in which case, it becomes vulnerable to a counterclaim, unless
i) Express consent - can be given only by an act of the legislative the suit is entered into only to resist a claim
body, in a general or a special law (3) When the State enters into a business contract or agreement
(1) A 3083 - general law providing for the standing of the state (a) In entering into a compromise agreement, the Republic
consent to be sued stripped itself of its immunity and placed itself in the same
(a) "…consents & submits to be sued upon any moneyed level as its adversary.
claim involving liability arising from contract, express or (b) When the State enters into a contract through its officers
implied, which should serve as the basis of civil action or agents, in furtherance of a legitimate aim and purpose
between private parties" and pursuant to constitutional legislative authority,
(2) CA 327 (as amended by PD 1445) - requires that all money whereby mutual or reciprocal benefits accrues and rights
claims against the government must first be filed with the and obligations arise therefrom, the State may be sued
Commission on Audit before suit is instituted in court even without its express consent, precisely because by
(3) Art. 2180 of the Civil Code — The State is responsible in like entering into a contract, the sovereign descends to the
manner when it acts through a special agent; but not when the level of the citizen
damage has been caused by the official to whom the task done b) In exceptional Cases
properly pertains, in which case what is provided in article i) To compel payment of just compensation
2176 shall be applicable (1) An action for the recovery of the value of the property taken
(4) Art. 2189 of the Civil Code — Provinces, cities and by the government and converted into a public street without
municipalities shall be liable for damages for the death of, or payment of just compensation was allowed
injuries suffered by, any person by reason of the defective (2) The Supreme Court said that suit may lie because the doctrine
condition of roads, streets, bridges, public buildings, and other of State immunity cannot be used to perpetrate an injustice
public works under their control or supervision ii) Revocation of conditional donation
(5) Sec. 24 of the Local Government Code — Local government
units and their officials are not exempt from liability for death
or injury to persons or damage to property CHAPTER 5
ii) Implied consent FUNDAMENTAL PRINCIPLES & STATE POLICIES
(1) When the state enters into a private contract, unless the
contract is merely incidental to the performance of a 1) Preamble
governmental function a) “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 c) A republic is a representative government, a government run by & for
ourselves and our posterity, the blessings of independence and the people.
democracy under the rule of law and a regime of truth, justice, freedom, d) Essence of republicanism
love, equality, and peace, do ordain and promulgate this Constitution.” i) Representation & renovation – the selection by the citizenry of a
b) Means "to walk before" corps of public functionaries who derive their mandate from the
c) Latin version: preambulus (walking in front) people & act on their behalf, serving for a limited period only
i) Functions/Purposes ii) Purpose – promotion of common welfare according to the will of
(1) Set down origin, scope, & purpose of the constitution the people
(2) Tells us who the authors are (Filipino People) & for whom it e) A republican state is a state wherein all government authority emanates
has been promulgated from the people and is exercised by representatives chosen by the
(a) Enumerates the primary aims & expresses the aspirations people.
of the framers i) Rationale — To prevent concentration of authority in one person
(3) States general purposes which are intended to be achieved by or group of persons that might lead to an irreversible error or abuse
the constitution in its exercise to the detriment of republican institutions. To secure
(4) Serve as an aid in construction & interpretation in case of action, to forestall overaction, to prevent despotism and to obtain
ambiguity efficiency. (Pangasinan Transporation Co. v. Public Service
d) Amendment - refer to changes that do not affect the overall structure Commission)
& basic principles of the constitution f) Manifestations of Republicanisn
i) Addition or change within the lines of the original constitution i) Ours is a government of laws and not of men
ii) Edits specific provisions ii) Rule of the majority. (Plurality in elections)
e) Revisions - changes that involve alterations in structure/principle in the iii) Accountability of public officials.
constitution iv) Bill of Rights.
i) Edits several provisions v) Legislature cannot pass irrepealable laws.
f) Charter Change - constitutional reform vi) Separation of powers.
2) Republicanism 3) Defense of the State
a) Section 1, Article 2 – “Section 1. The Philippines is a democratic and a) Section 4, Article 2 - The prime duty of the Government is to serve and
republican State. Sovereignty resides in the people and all government protect the people. The Government may call upon the people to defend
authority emanates from them.” the State and, in the fulfillment thereof, all citizens may be required,
b) Democracy is essentially government by the people. The Constitution under conditions provided by law, to render personal, military, or civil
encourages non-governmental, community-based, or sectoral service.
organizations that promote the welfare of the nation

b) The phrase "under conditions provided by law" in the second sentence duty of parents in the rearing of the youth for civic efficiency and the
emphasizes the primacy of serving the interest of the people and development of moral character shall receive the support of the
protecting their rights even when there is need to defend the State. Government”
4) Peace & Order b) Section 13, Article 2 – “The State recognizes the vital role of the youth
a) Section 5, Article 2 – “The maintenance of peace and order, the in nation-building and shall promote and protect their physical, moral,
protection of life, liberty, and property, and promotion of the general spiritual, intellectual, and social well-being. It shall inculcate in the
welfare are essential for the enjoyment by all the people of the youth patriotism and nationalism, and encourage their involvement in
blessings of democracy” public and civic affairs”
5) Incorporation Clause c) Declaration of Family autonomy
a) Section 2, Article 2 – “The Philippines renounces war as an instrument i) It accepts the principle that the family is anterior to the State and
of national policy, adopts the generally accepted principles of is not a creature of the State. It protects the family from
international law as part of the law of the land and adheres to the policy instrumentalization by the State
of peace, equality, justice, freedom, cooperation, and amity with all d) Legal meaning & protection of those that are unborn
nations.” i) An assertion that the unborn is a legal person.
b) Generally accepted principles of international law ii) An assertion that the life of the unborn is placed exactly on the
i) The right of an alien to be released on bail while awaiting level of the life of the mother.
deportation when his failure to leave the country is due to the fact (1) When necessary to save the life of the mother, the life of the
that no country will accept him. (Mejoffv. Director of Prisons unborn may be sacrificed; but not when the purpose is merely
1951) to save the mother from emotional suffering, for which other
ii) The right of a country to establish military commissions to try war remedies must be sought, or to spare the child from a life of
criminals (Kuroda v. Jalandoni 1949) poverty, which can be attended to by welfare institutions.
iii) Some generally accepted principles have been incorporated in e) Why protection is made to begin at the time of conception
treaties such as the Vienna Convention on Road Signs and Signals. i) The overriding purpose in asserting that the protection begins from
(Agustin v. Edu 1979) the time of conception is to prevent the State from adopting the
iv) The duty to protect the premises of embassies and legations (J.B.L. doctrine in the US Supreme Court decision of Roe v. Wade which
Reyes v. Bagatsing 1983) liberalized abortion laws up to the sixth month of pregnancy by
c) Philippines renounces Aggressive war allowing abortion any time during the first six months of
6) Rearing of the Youth pregnancy provided it can be done without danger to the mother
a) Section 12, Article 2 – “The State recognizes the sanctity of family life ii) The understanding is that life begins at conception, although the
and shall protect and strengthen the family as a basic autonomous definition of conception can be a matter for science to specify.
social institution. It shall equally protect the life of the mother and the Incidentally, the respect for life manifested by the provision
life of the unborn from conception. The natural and primary right and

harmonizes with the abolition of the death penalty and the ban on d) Section 11, Article 2 – “The State values the dignity of every human
nuclear arms. person and guarantees full respect for human rights”
f) Comparison of rights of parents and of the state in the matter of e) Section 18, Article 2 – “The State affirms labor as a primary social
education of the youth economic force. It shall protect the rights of workers and promote their
i) The primary and natural right belongs to the parents. welfare”
ii) The Constitution affirms the primary right of parents in the rearing f) Section 21, Article 2 – “The State shall promote comprehensive rural
of children to prepare them for a productive civic and social life development and agrarian reform”
and at the same time it affirms the secondary and supportive role 9) Separation of Church & State
of the State. The principle is also rooted in the basic philosophy of a) Section 6, Article 2 – “The separation of Church and State shall be
liberty guaranteed by the due process clause. No. As parens patriae inviolable”
the State has the authority and duty to step in where parents fail to 10) Supremacy of Civilian Authority
or are unable to cope with their duties to their children. a) Section 3, Article 2 – “Civilian authority is, at all times, supreme over
g) Doctrine of Parens Patriae— Literally, parent of the people. As such, the military. The Armed Forces of the Philippines is the protector of
the Government may act as guardian of the rights of people who may the people and the State. Its goal is to secure the sovereignty of the
be disadvantaged or suffering from some disability or misfortune. State and the integrity of the national territory”
(Government of the Philippine Islands v. Monte de Piedad) b) The principle is institutionalized by the provision which makes the
7) Women President, a civilian and precisely as civilian, commander- in-chief of
a) Section 14, Article 2 – “The State recognizes the role of women in the armed forces. But this does not mean that civilian officials are
nation-building, and shall ensure the fundamental equality before the superior to military officials. Civilian officials are superior to military
law of women and men” officials only when a law makes them so
8) Social Justice c) The armed forces in order to secure the sovereignty of the State, and to
a) Supreme Court decision in PRRM v. Pulgar declared that while the preserve the integrity of the national territory. In extraordinary
Constitution is committed to the policy of social justice & the circumstances they may also be called upon to protect the people when
protection of the working class, it should not be supposed that every ordinary law and order forces need assistance.
labor dispute will automatically be decided in favor of labor 11) Local Autonomy
b) Section 9, Article 2 – “The State shall promote a just and dynamic a) Article 10 – Local Government
social order that will ensure the prosperity and independence of the b) Based on the Jeffersonian view that municipal corporations are the
nation and free the people from poverty through policies that provide small republics from which the great one derives its strength
adequate social services, promote full employment, a rising standard 12) Economy
of living, and an improved quality of life for all” a) Section 19, Article 2 – The State shall develop a self-reliant and
c) Section 10, Article 2 – “The State shall promote social justice in all independent national economy effectively controlled by Filipinos.
phases of national development”

b) Section 20, Article 2 – The State recognizes the indispensable role of CHAPTER 6
the private sector, encourages private enterprise, and provides DOCTRINE OF SEPARATION OF POWERS
incentives to needed investments
c) Section 21, Article 2 – he State shall promote comprehensive rural 1) Separation of Powers - the three branches of government must discharge
development and agrarian reform their respective functions within the limits of authority conferred by the
13) Miscellaneous/ Other Sections of Article 2: constitution
a) Section 15. The State shall protect and promote the right to health of a) Neither the Congress, the President, nor the Judiciary may encroach on
the people and instill health consciousness among them. fields allocated to the other branches of government
b) Section 16. The State shall protect and advance the right of the people b) Article VI, Section 3 of the Constitution - no member of the Congress
to a balanced and healthful ecology in accord with the rhythm and may hold any other office or employment in government during his
harmony of nature. term without forfeiting his seat
c) Section 17. The State shall give priority to education, science and 2) Theory
technology, arts, culture, and sports to foster patriotism and a) a power definitely assigned by the Constitution to one department can
nationalism, accelerate social progress, and promote total human neither be surrendered nor delegated by that department, nor vested by
liberation and development. statute in another department or agency
d) Section 22. The State recognizes and promotes the rights of indigenous 3) Reason
cultural communities within the framework of national unity and a) Assumption that arbitrary rule & abuse of authority would inevitably
development. result from the concentration of powers
e) Section 23. The State shall encourage non-governmental, community- b) Doctrine Intends to (according to Justice Laurel):
based, or sectoral organizations that promote the welfare of the nation. i) Secure action
f) Section 24. The State recognizes the vital role of communication and ii) To forestall overaction
information in nation-building. iii) To prevent despotism
g) Section 25. The State shall ensure the autonomy of local governments. iv) To obtain efficiency
h) Section 26. The State shall guarantee equal access to opportunities for 4) Limitations
public service, and prohibit political dynasties as may be defined by a) System of checks & balances
law. i) The Constitution provides
i) Section 27. The State shall maintain honesty and integrity in the public (1) The acts of the legislative department have to be presented to
service and take positive and effective measures against graft and the executive for approval or disapproval.
corruption. (2) The executive department may veto the acts of the legislature
j) Section 28. Subject to reasonable conditions prescribed by law, the if in its judgment they are not in conformity with the
State adopts and implements a policy of full public disclosure of all its Constitution or are detrimental to the interests of the people.
transactions involving public interest.

(3) The courts are authorized to determine the validity of which requires direct performance by the delegate of an entrusted
legislative measures or executive acts. power
(4) Through its pardoning power, the executive may modify or set c) Exceptions
aside the judgments of the courts. i) Delegation to the people at large
(5) The legislature may pass laws that in effect amend or (1) The Congress further delegates its legislative power by
completely revoke decisions of the courts if in its judgment allowing direct legislation by the people in cases of
they are not in harmony with its intention or policy which is initiative and referendum;
not contrary to the Constitution. ii) Delegation of emergency powers to the President.
(6) President must obtain the concurrence of Congress to (1) Section 23 (2), Article VI of the Constitution states that “in
complete certain significant acts. times of war or other national emergency, the Congress
(7) Money can be released from the treasury only by authority of may, by law, authorize the President, for a limited period
Congress and subject to such restrictions as it may prescribe, to
b) Existence of overlapping powers exercise powers necessary and proper to carry out a
5) Judicial Review declared national policy.
a) Power of the courts to test validity of governmental acts in light of their (2) Emergency powers
conformity to the constitution (a) delegated to the President by the Congress to
6) Due Process effectively solve the problems caused by war or other
a) Embodiment of fair play
crisis which the Congress could not otherwise solve
b) Observance of both substantive & procedural right is equally
with more dispatch than the President;
guaranteed
iii) Delegation of tariff powers to the President
7) Blending of Powers
(1) Section 28 (2), Article VI of the Constitution states that
a) Instances under the Constitution when powers are not confined
“the Congress may, by law, authorize the President to fix
exclusively within one department, but shared by several
within specified limits, and subject to such limitations and
8) Non Delegation of Legislative powers
restrictions as it may impose, tariff rates, import and
a) The Congress cannot further delegate the power delegated to it by
export quotas, tonnage and wharfage dues, and other
the people. This is in keeping with the principle of non-delegation
duties or imposts within the framework of the national
of powers which is applicable to all the three branches of the
development program of the Government.”
government. The rule states that what has been delegated cannot
(2) Tariff powers
further be delegated – potestas delegata non delegari potest.
(a) delegated to the President by the Congress to
b) A delegated power must be discharged directly by the delegate and
efficiently and speedily solve economic problems
not through the delegate’s agent. It is basically an ethical principle
posed by foreign trade which the Congress could not

otherwise address with more dispatch than the ii) Based on the ethical principle that such delegated power
President; constitutes not only a right but a duty to be performed by the
iv) Delegation to administrative bodies. delegate through the instrumentality of his own judgment & not
(1) The Congress delegates the so called “power of through the intervening mind of another
subordinate legislation” to administrative bodies. b) Exceptions
(2) Regulations or supplementary rules passed by the i) Delegations to the People at large
administrative bodies are intended to fill-in the gaps and (1) RA 6735 - Initiative & Referendum Act
provide details to what is otherwise a broad statute passed (a) Authorized by the constitutional mandate for the creation
by Congress of a system of legislation by initiative & referendum
v) Delegation to the local governments. (2) Plebiscite is required in the creation, division, merger,
(1) This delegation is based on the principle that the local abolition of a province, city, municipality, or barangay or the
government is in better position than the national substantial alteration of its boundary
government to act on purely local concerns ii) Emergency powers of the President
9) Justiciable question (1) In times of war or other national emergency, the Congress
a) Implies a given right, legally demandable and enforceable, an act may, by law, authorize the President for a limited period &
or omission violative of such right, & a remedy granted & subject to such restrictions as it may prescribe, to exercise
sanctioned by law, for said breach of right powers necessary & proper to carry out a declared national
policy
b) Where the vortex of controversy refers to the legality of validity of
(2) Conditions for the Vesture of Emergency Powers in the
the contested act, that matter is justiciable
President
10) Political Question
(a) Existence of war or some other national emergency
a) A question of policy
(b) Delegation must be for a limited period only
b) Associated with the wisdom, not the legality of a particular act.
(c) Delegation must be subject to such restrictions as the
Congress may prescribe
(d) Emergency powers must be exercised to carry out a
CHAPTER 7
national policy declared by the Congress (1987
DELEGATION OF POWERS Constitution, Art 6, Sec 23, Par 2)
(3) Conferment of emergency powers are not mandatory
1) Principle of Non-Delegability of Legislative Power iii) Tariff Powers of the President
a) General Rule (1) The Congress may by law authorize the President to fix within
i) Potestas delegata non delegari potest - what has been delegated specified limits & subject to limitations & restrictions as it
cannot be delegated may impose, tariff rates, import & export quotas, tonnage&

wharfage dues & other duties or imposts, within the 3) Flexible Clause - President is empowered to:
framework of the government a) Increase, reduce, or remove existing rates of import duty including any
(2) Requisites for the Exercise of Power necessary change in classification
(a) In the interest of general welfare & national security i) Condition - existing rates may be increased or decreased to any
(b) Recommendation of NEDA level, in one or several stages, but in no case shall the increased
(i) Before any recommendation is submitted to the rate of import duty be higher that a maximum of 10% ad valorem
President by the NEDA, the Tariff Commission shall b) Establish import quotas or ban imports of any commodity, as may be
conduct an investigation necessary
(ii) Public hearings by the Tariff Commission shall be c) Impose an additional duty on all imports not exceeding 10% ad
held, wherein interested parties shall be afforded valorem whenever necessary
reasonable opportunity to be present, to produce i) Provided, that upon periodic investigations by the Commission &
evidence & to be heard NEDA, the President may cause a gradual reduction of rates of
(iii) The Report of the Tariff Commission shall be import duty granted in Section 1611 of RA 10863 (Customs
submitted to the NEDA within 30 days after the Modernization & Tariff Act
termination of the public hearings 4) Quasi-Legislative power - authority delegated by the law-making body to
(c) Exception adopt rules & regulations intended to carry out the provisions of a law &
(i) Recommendation of NEDA is not required in the implement the legislative policy
imposition of an additional duty not exceeding 10% 5) Two-Fold Test for Valid Delegation
ad valorem a) Completeness Test - the law must be complete in all its essential terms
(3) Effectivity of Order Issued by the President & conditions when it leaves the legislature so that there will be nothing
(a) For an increase, reduction or removal of existing left for the delegate to do when it reaches him except to enforce it
protective rates & the imposition of import quotas or ban b) Sufficient Standard Test - it must fix a standard (the limits of which are
- 30 days after promulgation sufficiently determinate or determinable) to which the delegate must
(b) Imposition of additional duty not exceeding 10% ad conform in the performance of his functions
valorem - at the discretion of the President 6) Requisites for a valid delegation of rule-making power or execution:
iv) Delegation of Power to Local Governments a) The delegating law must be complete in itself - it must set therein the
2) Delegation to administrative bodies policy to be carried out or implemented by the delegate.
a) Administrative Bodies may be allowed either to: b) The delegating law must fix a sufficient standard - the limits of which
i) Fill up the details on otherwise complete statue are sufficiently determinate or determinable, to which the delegate
ii) Ascertain the facts necessary to bring a “contingent” law or must conform in the performance of his functions.
provision into actual operation.

7) Importance of Policy by proclamation, determine what act shall constitute a crime or not.
a) Without a statutory declaration of policy, the delegate would, in effect, That is essentially a legislative task.
make or formulate such policy, which is the essence of every law. d) Where a statute requires every public utility “to furnish annually a
8) Importance of Standard detailed report of finances and operations in such form and containing
a) Without standard, there would be no means to determine with such matter as the Board may, from time to time, by order, prescribe”,
reasonable certainty whether the delegate has acted within or beyond it seems that the legislature simply authorized the Board to require what
the scope of his authority. Hence, he could thereby arrogate upon information the Board wants. Such constitutes an unconstitutional
himself the power, not only to make law, but also to unmake it, by delegation of legislative power.
adopting measures inconsistent with the end sought to be attained by e) Where the legislature has not made the operation (execution) of a
the Act of Congress. statute contingent upon specified facts or conditions to be ascertained
9) Standards on Delegation of Powers by the provincial board but in reality leaves the entire matter for the
a) Need not be explicit various provincial boards to determine, such constitute an
i) A legislative standard need not be explicit or formulated in precise unconstitutional delegation of legislative power. A law may not be
declaratory language. It can be drawn from the declared policy of suspended as to certain individuals only, leaving the law to be enjoyed
the law and from the totality of the delegating statute. (Osmena v. by others.
Orbos) It can be implied from the policy and purpose of the law f) The authority to CREATE municipal corporations is essentially
b) May be found in various parts of the statute legislative in nature.
c) May be embodied in other statutes of the same statute
10) Examples of Invalid Delegation
a) Where there is no standard that the officials must observe in
determining to whom to distribute the confiscated carabaos and CHAPTER 8
carabeef, there is thus an invalid delegation of legislative power. LEGISLATIVE DEPARTMENT
b) Where a provision provides that the penalty would be a fine or 100
pesos OR imprisonment in the discretion of the court without
1) The Senate
prescribing the minimum and maximum periods of imprisonment, a a) Article 6, Section 2. The Senate shall be composed of twenty-four
penalty imposed based thereon is unconstitutional. It is not for the
Senators who shall be elected at large by the qualified voters of the
courts to fix the term of imprisonment where no points of reference
Philippines, as may be provided by law.
have been provided by the legislature
b) Composition
c) Where the statute leaves to the sole discretion of the Governor-General i) 24 senators
to say what was and what was not “any cause” for enforcing it, the ii) Elected at large, reason. By providing for a membership elected at
same is an invalid delegation of power. The Governor-General cannot
large by the electorate, this rule intends to make the Senate a
training ground for national leaders and possibly a springboard for
the Presidency. The feeling is that the senator, having national iv) Limitation. A Senator may not serve for more than two consecutive
rather than only a district constituency, will have a broader outlook terms. However, they may serve for more than two terms provided
of the problems of the country instead of being restricted by that the terms are not consecutive.
parochial viewpoints and narrow interests. With such a v) Effect of Voluntary Renunciation. Voluntary renunciation of
perspective, the Senate is likely to be more circumspect and office for any length of time shall not be considered as an
broader minded than the House of Representatives interruption in the continuity of his service for the full term for
a) Qualifications which he was elected.
i) Section 3, Article 6. No person shall be a Senator unless he is a vi) Staggering of Terms. The Senate shall not at any time be
natural-born citizen of the Philippines and, on the day of the completely dissolved. One-half of the membership is retained as
election, is at least thirty-five years of age, able to read and write, the other half is replaced or reelected every three years.
a registered voter, and a resident of the Philippines for not less than vii) Reason for Staggering. The continuity of the life of the Senate is
two years immediately preceding the day of the election. intended to encourage the maintenance of Senate policies as well
ii) List of Qualifications as guarantee that there will be experienced members who can help
(1) Natural-born citizen of the Philippines and train newcomers in the discharge of their duties
(2) At least 35 years of age on the day of the election 2) The House of Representatives
(3) Able to read and write a) Composition
(4) Registered voter i) The composition of the House of Representatives shall be
(5) Resident of the Philippines for not less than 2 years composed of not more than 250 members unless otherwise fixed
immediately preceding the day of election by law. Representatives shall be elected from legislative districts
iii) “On the day of the election” means on the day the votes are cast. and through party-list system.
a) Term (a) District representatives
i) Section 4, Article 6. The term of office of the Senators shall be six (b) Party-list representatives
years and shall commence, unless otherwise provided by law, at (c) Sectoral representatives (these existed only until 1998)
noon on the thirtieth day of June next following their election. No ii) The District Representatives
Senator shall serve for more than two consecutive terms. (1) Apportionment - Legislative districts are apportioned among
Voluntary renunciation of the office for any length of time shall the provinces, cities, and the Metropolitan Manila area.
not be considered as an interruption in the continuity of his service (a) Legislative districts are apportioned in accordance with
for the full term for which he was elected. the number of their respect inhabitants and on the basis of
ii) Term - The term of office of the Senators shall be 6 years. a uniform and progressive ratio.
iii) Commencement of term. The term of office of the Senators shall (b) Each city with a population of at least 250,000 shall
commence on 12:00 noon of June 30 next following their election. (c) have at least one representative.
(unless otherwise provided by law) (d) Each province shall have at least one representative.

(e) The question of the validity of an apportionment law is a iii) The Party-list Representatives
justiciable question. (Macias v. Comelec) (1) Party-list System. (RA 7941) The party-list system is a
(2) Reason for the rule. The underlying principle behind the rule mechanism of proportional representation in the election of
for apportionment (that representative districts are representatives of the House of Representatives from national,
apportioned among provinces, cities, and municipalities in regional, and sectoral parties or organizations or coalitions
accordance with the number of their respective inhabitants, thereof registered with the Commission on Elections.
and on the basis of a uniform and progressive ration.”) is the (2) Reason for party-list system. It is hoped that the system will
concept of equality of representation which is a basic principle democratize political power by encouraging the growth of a
of republicanism. One man’s vote should carry as much multi-party system.
weight as the vote of every other man. (3) Party-list representatives
(a) Section 5 provides that the House shall be composed of (a) Ceiling. “The party-list representatives shall constitute
not more than 250 members unless otherwise provided by 20% of the total number of representatives.” Section 5(2)
law. Thus, Congress itself may by law increase the of Article VI is not mandatory. It merely provides a
composition of the HR. (Tobias v. Abalos) ceiling for party-list seats in Congress. (Veterans
(b) When one of the municipalities of a congressional district Federation Party v. COMELEC)
is converted to a city large enough to entitle it to one (i) The 2% threshold requirement and the 3 seat-limit
legislative district, the incidental effect is the splitting of provided in RA 7941 are valid. Congress was vested
district into two. The incidental arising of a new district in with broad power to define and prescribe the
this manner need not be preceded by a census. (Tobias v. mechanics of the party-list system of representation.
Abalos) Congress wanted to ensure that only those parties,
(3) Reapportionment - Reapportionment can be made thru a organizations and coalitions having enough
special law. constituents deserving of representation are actually
(a) Correction of imbalance as a result of the increase in represented in Congress. (Veterans Federation Party
number of legislative districts must await the enactment v. COMELEC)
of reapportionment law. (Montejo v. COMELEC) (b) Guidelines on what organizations may apply in the party-
(4) Gerrymandering - Gerrymandering is the formation of one list system:
legislative district out of separate territories for the purpose of 1. The parties or organizations must represent the
favoring a candidate or a party. marginalized and underrepresented in Section 5
(a) Gerrymandering is not allowed. The Constitution of RA 7941;
provides that each district shall comprise, as far as 2. Political parties who wish to participate must
practicable, contiguous, compact and adjacent territory. comply with this policy;
3. The religious sector may not be represented;

4. The party or organization must not be 8. It fails to participate in the last two (2) preceding
disqualified under Section 6 of RA 7941; elections or fails to obtain at least two per centum
5. The party or organization must not be an adjunct (2%) of the votes cast under the party-list system
of or a project organized or an entity funded or in the two (2) preceding elections for the
assisted by the government; constituency in which it has registered.
6. Its nominees must likewise comply with the (d) Qualifications of a party-list nominee in RA 7941:
requirements of the law; 1. Natural-born citizen of the Philippines;
7. The nominee must likewise be able to contribute 2. Registered Voter;
to the formulation and enactment of legislation 3. Resident of the Philippines for a period of not less
that will benefit the nation. (Ang Bagong Bayani than 1 year immediately preceding the day of
v. COMELEC, June 26, 2001) election
(c) Parties or organizations disqualified 4. Able to read and write
(i) The COMELEC may motu propio or upon verified 5. A bona fide member of the party or organization
complaint of any interested party, remove or cancel which he seeks to represent for at least 90 days
after due notice and hearing the registration of any preceding the day of election
national, regional or sectoral party, organization or 6. At least 25 years of age. (Ang Bagong Bayani v.
coalition on any of the following grounds: COMELEC)
1. It is a religious sect or denomination, (e) Political Parties. Political parties may participate in the
organization or association organized for party-list system (as long as they comply with the
religious purposes; guidelines in Section 5 of RA 7941.) (Ang Bagong Bayani
2. It advocates violence or unlawful means to seek v. COMELEC)
its goal; (i) Section 10 of RA 7941 provides that the votes cast for
3. It is a foreign party or organization; a party which is not entitled to be voted for the party-
4. It is receiving support from any foreign list system should not be counted. The votes they
government, foreign political party, foundation, obtained should be deducted from the canvass of the
organization, whether directly or through any of total number of votes cast for the party-list system.
its officers or members or indirectly through third (Ang Bagong Bayani v. COMELEC)
parties for partisan election purposes; (f) Religious sectors v. Religious leaders. There is a
5. It violates or fails to comply with laws, rules or prohibition of religious sectors. However, there is no
regulations relating to elections. prohibition from being elected or selected as ectoral
6. It declares untruthful statements in its petition; representatives.
7. It has ceased to exist for at least one (1) year;

a) General Qualifications v) Farinas case. The ruling case now is Farinas v. Executive Secretary
(1) Natural-born citizen of the Philippines which held that “filing of COC is not constitutive of voluntary
(2) At least 25 years of age on the day of the election renunciation for elected officials.”
(3) Able to read and write 3) Election
(4) A registered voter in the district in which he shall be elected a) Regular Election
(5) A resident of the district in which he shall be elected for a i) A person holding office in the House must yield his or her seat to
period not less than 1 year immediately preceding the day of the person declared by the COMELEC to be the winner. The
the election Speaker shalladminister the oath to the winner. (Codilla v. De
b) Term Venecia)
i) Term v. Tenure. Term refers to the period during which an official ii) Disqualified “winner”
is entitled to hold office. Tenure refers to the period during which (1) The Court has also clarified the rule on who should assume the
the official actually holds the office. position should the candidate who received the highest
(1) The term of office of Representatives shall be 3 years. The number of votes is disqualified. The second in rank does not
term of office of Representatives shall commence on take his place. The reason is simple: “It is of no moment that
12:00noon of June 30 next following their election. (unless there is only a margin of 768 votes between protestant and
otherwise provided by law) protestee. Whether the margin is ten or ten thousand, it still
(2) A Representative may not serve for more than 3 consecutive remains that protestant did not receive the mandate of the
terms. However, he may serve for more than 3 terms provided majority during the elections. Thus, to proclaim him as the
that the terms are not consecutive. (1996 Bar Question) duly elected representative in the stead of protestee would be
ii) Why three years? One purpose in reducing the term for three years anathema to the most basic precepts of republicanism and
is to synchronize elections, which in the case of the Senate are held democracy as enshrined within our Constitution.
at threeyear intervals (to elect one-half of the body) and in the case b) Special Election
of the President and Vice-President every six years i) A special election to fill in a vacancy is not mandatory.
iii) Voluntary renunciation of office for any length of time shall not be ii) In a special election to fill a vacancy, the rule is that a statute that
considered as an interruption in the continuity of his service for the expressly provides that an election to fill a vacancy shall be held
full term for which he was elected. at the next general elections, fixes the date at which the special
iv) Abandonment of Dimaporo. The case of Dimaporo v. Mitra which election is to be held and operates as the call for that election.
held that “filing of COC for a different position is a voluntary Consequently, an election held at the time thus prescribed is not
renunciation” has been abandoned because of the Fair Elections invalidated by the fact that the body charged by law with the duty
Act. of calling the election failed to do so. This is because the right and
duty to hold the election emanate from the statue and not from any
call for election by some authority and the law thus charges voters

with knowledge of the time and place of the election. (Tolentino v. Section 20, the books of Congress are audited by the Commission
COMELEC) on Audit ‘which shall publish annually an itemized list of amounts
iii) Special Election (R.A. 6645) paid and expenses incurred for each Member.
(1) No special election will be called if vacancy occurs: 5) Parliamentary Immunities
(a) at least eighteen (18) months before the next regular a) Privilege from Arrest
election for the members of the Senate; (1) Privilege. A member of Congress is privileged from arrest
(b) at least one (1) year before the next regular election while Congress is in session in all offenses (criminal or civil)
members of Congress not punishable by more than 6 years imprisonment.
(2) The particular House of Congress where vacancy occurs must (2) Purpose. Privilege is intended to ensure representation of the
pass either a resolution if Congress is in session or the Senate constituents of the member of Congress by preventing
President or the Speaker must sign a certification, if Congress attempts to keep him from attending sessions
is not in session, (3) Scope. Parliamentary immunity only includes the immunity
(a) declaring the existence of vacancy; from arrest, and not of being filed suit.
(b) calling for a special election to be held within 45 to 90 (4) Limitations on Parliamentary Immunity
days from the date of the resolution or certification. (i) Crime has a maximum penalty of not more than 6
(3) The Senator or representative elected shall serve only for the years;
unexpired term. (ii) Congress is in session, whether regular or special;
4) Salaries (iii) Prosecution will continue independent of arrest;
i) When increase may take effect. No increase in the salaries of (iv) Will be subject to arrest immediately when Congress
Senators and Representatives shall take effect until after the adjourns.
expiration of the full term of all the members of the Senate and (5) While in session. The privilege is available “while the
House of Representatives. Congress is in session,” whether regular or special and
ii) Reason for the delayed effect of increased salary. Its purpose is to whether or not the legislator is actually attending a session.
place a “legal bar to the legislators’ yielding to the natural “Session” as here used does not refer to the day-to-day
temptation to increase their salaries. (PHILCONSA v. Mathay) meetings of the legislature but to the entire period from its
iii) Emoluments. Bernas submits that, by appealing to the spirit of the initial convening until its final adjournment.156 Hence the
prohibition, the provision may be read as an absolute ban on any privilege is not available while Congress is in recess.
form of direct or indirect increase of salary (like emoluments). (6) Why not available during recess. Since the purpose of the
iv) Allowances. A member of the Congress may receive office and privilege is to protect the legislator against harassment which
necessary travel allowances since allowances take effect will keep him away from legislative sessions, there is no point
immediately. Nor is there a legal limit on the amount that may be in extending the privilege to the period when the Congress is
appropriated. The only limit is moral, because, according to not in session

(7) Privilege is personal. Privilege is personal to each member of (b) “Speech or debate” includes utterances made in the
the legislature, and in order that its benefits may be availed of, performance of official functions, such as speeches
it must be asserted at the proper time and place; otherwise it delivered, statements made, votes cast, as well as bills
introduced and other acts done in the performance of
will be considered waived
official duties. (Jimenez v. Cabangbang)
(8) Privilege not granted to Congress but to its members. Privilege (c) To come under the privilege, it is not essential that the
from arrest is not given to Congress as a body, but rather one Congress be in session when the utterance is made. What
that is granted particularly to each individual member of it. is essential is that the utterance must constitute
(9) Privilege is reinforced by Article 145 of the Revised Penal “legislative action”, that is, it must be part of the
Code-Violation of Parliamentary Immunity. deliberative and communicative process by which
(a) The provision says privilege from arrest; it does not say legislators participate in committee or congressional
proceedings in the consideration of proposed legislation
privilege from detention.
or of other matters which the Constitution has placed
b) Privilege of Speech & Debate within the jurisdiction of Congress.
i) Requirements for the privilege to be availed of: (d) The privilege extends to agents of assemblymen provided
(a) That the remarks must be made while the legislature or the that the “agency” consists precisely in assisting the
legislative committee is functioning, that is in session; legislator in the performance of “legislative action”
(b) That they must be made in connection with the discharge vi) Privilege not absolute. The rule provides that the legislator may
of official duties. not be questioned “in any other place,” which means that he may
be called to account for his remarks by his own colleagues in the
ii) Libelous remarks not in exercise of legislative function shall not
Congress itself and, when warranted, punished for “disorderly
be under privilege of speech. To invoke the privilege of speech, behavior.
the matter must be oral and must be proven to be indeed privileged. 6) Conflict of interest
iii) Purpose. It is intended to leave legislator unimpeded in the a) Financial Interest
performance of his duties and free form harassment outside i) Purpose. This is because of the influence they can easily exercise
iv) Privilege of speech and debate enables the legislator to express in obtaining these concessions. The idea is to prevent abuses from
views bearing upon the public interest without fear of being committed by the members of Congress to the prejudice of
accountability outside the halls of the legislature for his inability the public welfare and particularly of legitimate contractors with
to support his statements with the usual evidence required in the the government who otherwise might be placed at a
court of justice. In other words, he is given more leeway than the disadvantageous position vis-à- vis the legislator.
ordinary citizen in the ventilation of matters that ought to be ii) Contract. The contracts referred to here are those involving
divulged for the public good “financial interest,” that is, contracts from which the legislator
v) Scope expects to derive some profit at the expense of the government
(a) The privilege is a protection only against forums other
than the Congress itself.

iii) Pecuniary Benefit. The prohibited pecuniary benefit could be bias in the vote of the representative and to secure to the
direct or indirect and this would cover pecuniary benefit for constituents some solemn pledge of his disinterestedness.
relatives. (2) Scope of prohibition. The provision does not apply to elective
7) Incompatible & Forbidden Offices offices, which are filled by the voters themselves.
a) Incompatible Office (a) The appointment of the member of the Congress to the
(1) Purpose. The purpose of prohibition of incompatible forbidden office is not allowed only during the term for
offices is to prevent him from owing loyalty to another branch which he was elected, when such office was created, or its
of the government, to the detriment of the independence of the emoluments were increased.
legislature and the doctrine of separation of powers. (b) After such term, and even if the legislator is reelected, the
(2) Kinds of Office under Article 13 disqualification no longer applies, and he may therefore
(a) Incompatible office (1st sentence of article 13) be appointed to the office
(b) Forbidden office (2nd sentence of article 13) 8) Inhibitions & Disqualifications
(3) Prohibition not absolute. The prohibition against the holding a) Disqualifications
of an incompatible office is not absolute; what is not allowed (1) To hold any other office or employment in the government, or
is the simultaneous holding of that office and the seat in any subdivision, agency, or instrumentality thereof, including
Congress.166 Hence, a member of Congress may resign in government-owned or controlled corporation or their
order to accept an appointment in the government before the subsidiaries during his term without forfeiting his seat.
expiration of his term. (2) To be appointed to any office which may have been created or
(a) When office not incompatible. Not every other office or the emoluments thereof increased during the term for which
employment is to be regarded as incompatible with the he was elected.
legislative position. For, example, membership in the b) Prohibitions on lawyer-legislators
Electoral Tribunals is permitted by the Constitution itself. (1) To personally appear as counsel before any court of justice or
Moreover, if it can be shown that the second office is an before the Electoral Tribunals, or quasi-judicial and other
extension of the legislative position or is in aid of administrative bodies.
legislative duties, the holding thereof will not result in the (2) Purpose. The purpose is to prevent the legislator from exerting
loss of the legislator’s seat in the Congress undue influence, deliberately or not, upon the body where he
b) Forbidden Office. is appearing
(1) Purpose. The purpose is to prevent trafficking in public (3) Not a genuine party to a case. A congressman may not buy a
office.169 The reasons for excluding persons from office who nominal account of shares in a corporation which is party to a
have been concerned in creating them or increasing the suit before the SEC and then appear in “intervention”. That
emoluments are to take away as far as possible, any improper which the Constitution directly prohibits may not be done by
indirection

(4) Prohibition is personal. It does not apply to law firm where a This is the minimum period of recess and may be
lawyer-Congressman may be a member. The lawyer-legislator lengthened by the Congress in its discretion. It may
may still engage in the practice of his profession except that however, be called in special session at any time by
when it come to trials and hearings before the bodies above- the President.
mentioned, appearance may be made not by him but by some (ii) The President’s call is not necessary in some
member of his law office. instances:
(5) Pleadings. A congressman cannot sign pleadings [as counsel a. When the Congress meets to canvass the
for a client] presidential elections
c) To be interested financially, directly or indirectly, in any contract with, b. To call a special election when both the
or in any franchise or special privilege granted by the Government, or Presidency and Vice-Presidency are vacated
any subdivision, agency or instrumentality thereof, including any c. When it decides to exercise the power of
government-owned or controlled corporation, or its subsidiary, during impeachment where the respondent is the
his term of office. President himself
d) To intervene in any matter before any office of the Government for his (iii) May the President limit the subjects which may be
pecuniary benefit or intervene in any matter before any office of the considered during a special election called by him?
Government where he may be called upon to act on account of his a. No. The President is given the power to call
office. a session and to specify subjects he wants
9) Sessions considered, but it does not empower him to
i) Regular Sessions prohibit consideration of other subjects.
(a) Congress shall convene once every year for its regular After all, Congress, if it so wishers, may stay
session. in regular session almost all year round.
(b) Congress shall convene on the 4th Monday of July (unless iii) Joint Sessions
a different date is fixed by law) until 30 days (exclusive (a) Voting Separately
of Saturdays, Sundays and legal holidays) before the 1. Choosing the President (art. 7 Åò4)
opening of the next regular session. 2. Determine President’s disability (art. 7 Åò11)
ii) Special Session 3. Confirming nomination of the Vice-President
(a) A special session is one called by the President while the (art. 7 Åò9)
legislature is in recess. 4. Declaring the existence of a state of war (art. 6
(b) Mandatory recess. Åò23)
(i) A mandatory recess is prescribed for the thirty-day 5. Proposing constitutional amendments (art. 12
period before the opening of the next regular session, Åò1)
excluding Saturdays, Sundays and legal holidays.

(b) Voting Jointly statutory guidelines or specific rules, this Court is devoid of any basis
1. To revoke or extend proclamation suspending the upon which to determine the legality of the acts of the Senate relative
privilege of the writ of habeas corps or placing thereto. On grounds of respect for the basic concept of separation of
the Philippines under martial law. (art 7 Åò18) powers, courts may not intervene in the internal affairs of the
(c) Instances when Congress votes other than majority. legislature; it is not within the province of courts to direct Congress
1. To suspend or expel a member in accordance how to do its work.
with its rules and proceedings: 2/3 of all its 11) Quorum
members (Sec. 16, Art. VI). a) Quorum to do business. A majority of each House shall constitute a
2. Yeas and nays entered in the Journal: 1/5 of the quorum to do business. Quorum is based on the proportion between
members present (Sec. 16(4), Art. VI) those physically present and the total membership of the body.
3. Declare the existence of a state of war: 2/3 of both b) A smaller number may adjourn from day to day
houses in joint session voting separately (Sec. 23, c) A smaller number may compel the attendance of absent members in
Art. VI) such manner and under such penalties as the House may provide.
4. Re-passing of a bill after Presidential veto: 2/3 of d) The members of the Congress cannot compel absent members to attend
the Members of the House where it originated sessions if the reason of absence is a legitimate one. The confinement
followed by 2/3 of the Members of the other of a Congressman charged with a non-bailable offense (more than 6
House. years) is certainly authorized by law and has constitutional
5. Determining President’s disability after foundations.
submissions by both the Cabinet and the e) The question of quorum cannot be raised repeatedly, especially when
President: 2/3 of both Houses voting separately a quorum is obviously present, for the purpose of delaying the business
(Sec. 11, Art. VII) of the House.
10) Officers 12) Discipline of Members
a) These are a) Power to determine internal rules. Each House may determine the rules
i) Senate President of its proceedings.
ii) House Speaker b) Nature of the Rules. The rules adopted by deliberative bodies (such as
iii) Such other officers as each House may deem necessary. the House) are subject to revocation, modification, or waiver by the
b) It is well within the power and jurisdiction of the Court to inquire body adopting them
whether the Senate or its officials committed a violation of the i) The power to make rules is not one, once exercised is exhausted.
Constitution or gravely abused their discretion in the exercise of their It is a continuous power, always subject to be exercised by the
functions and prerogatives. House, and within the limitations suggested and absolutely beyond
c) The method of choosing who will be the other officers must be the challenge of any other body.
prescribed by Senate itself. In the absence of constitutional and

c) Role of Courts. The Court may not intervene in the implementation of 13) Journals
the rules of either House except if the rule affects private rights. On a) Requirement.
matters affecting only internal operation of the legislature, the i) Each House shall keep a Journal of its proceedings, and from time
legislature’s formulation and implementation of its rules is beyond the to time publish the same
reach of the courts. When, however, the legislative rule affects private b) What is a journal?
rights, the courts cannot altogether be excluded i) The journal is usually an abbreviated account of the daily
d) Basis for punishment. Each House may punish its Members for proceedings. A legislative journal is defined as “the official record
disorderly behavior. of what is ‘done and past’ in a legislative [body]. It is so called
e) Preventive Suspension v. Punitive Suspension. because the proceedings are entered therein, in chronological order
(1) A congressman may be suspended as a preventive measure by as they occur from day to day
the Sandiganbayan. The order of suspension prescribed by the c) Purpose of the requirement that a journal be kept:
Anti-Graft and Corrupt Practices Act is distinct from the i) To insure publicity to the proceedings of the legislature, and a
power of congress to police its own ranks under the correspondent responsibility of the members of their respective
Constitution. The suspension contemplated in the constituents; and
constitutional provisions is a punitive measure that is imposed ii) To provide proof of what actually transpired in the legislature.
upon determination by a House upon an erring member. The d) What may be excluded. The Constitution exempts from publication
suspension spoken in AGCPA is not a penalty but a preventive parts which in the judgment of the House affect national security.
measure. e) Matters which, under the Constitution, are to be entered in the journal:
(2) The doctrine of separation of powers by itself may not be i) Yeas and nays on third and final reading of a bill.
deemed to have excluded members of Congress from AGCPA. ii) Veto message of the President
The law did not exclude from its coverage the members of the iii) Yeas and nays on the repassing of a bill vetoed by the President
Congress and therefore the Sandiganbayan may decree a iv) Yeas and nays on any question at the request of 1/5 of members
preventive suspension order. present
f) 2/3 Requirement f) Journal vs. Extraneous evidence. The Journal is conclusive upon the
(1) Each House may with the concurrence of two-thirds of all its Courts
Members, suspend or expel a Member. g) What is a Record? The Record contains a word for word transcript of
g) Period of suspension. A penalty of suspension, when imposed, shall the deliberation of 2Congress.
not exceed sixty days. h) Records and books of accounts
h) Not subject to judicial review. Disciplinary action taken by Congress i) The records and books of accounts of the Congress shall be
against a member is not subject to judicial review because each House preserved and be open to the public in accordance with law.
is the sole judge of what disorderly behavior is. Journals ii) The records and books of accounts of the Congress shall be audited
by the Commission on Audit.

iii) The Commission on Audit shall publish annually an itemized list that measure of judicial temper which is greatly responsible for the
of amounts paid to and expenses incurred for by each Member. respect and confidence people have in courts.
14) Adjournment iii) Chairman. The senior Justice in the electoral tribunal shall be its
a) Either House may adjourn even without the consent of the other Chairman.
provided that it will not be more than three days. (1) SET cannot legally function absent its entire membership of
b) If one House should adjourn for more than three days, it will need the senators, and no amendment of its rules can confer on the 3
consent of the other. remaining justice members alone, the power of valid
c) Neither house can adjourn to any other place than that in which the two adjudication of senatorial election contest.
Houses shall be sitting without the consent of the other. d) Independence. The Congress may not regulate the actions of the
d) Reason. These rules prevent each house from holding up the work of electoral tribunals even in procedural matters. The tribunal is an
legislation. This coordinative rule is necessary because the two houses independent constitutional body.
form only one legislative body. e) Security of Tenure. Members of ET have security of tenure. Disloyalty
15) Electoral Tribunals to the party is not a ground for termination.
a) Two Electoral Tribunals. - The Senate and the House of f) Power. The Electoral Tribunal shall be the sole judge of all contests
Representatives shall each have an Electoral Tribunal relating to the election, returns, and qualifications of their respective
b) Composition of ET members.
i) Each electoral tribunal shall be composed of 9 members. 3 from i) The tribunal has the power to promulgate rules relating to matters
the SC (to be designated by the CJ) and 6 from the respective within its jurisdiction, including period for filing election protests.
House. Electoral Tribunal has incidental power to promulgate its rules and
c) Why create an electoral tribunal independent from Congress. It is regulations for the proper exercise of its function
believed that this system tends to secure decisions rendered with a g) Jurisdiction of Electoral Tribunal
greater degree of impartiality and fairness to all parties. It also enables i) The Electoral Tribunal shall be the sole judge of all contests
Congress to devote its full time to the performance of its proper relating to the election, returns, and qualifications of their
function, which is legislation, rather than spend part of its time acting respective members
as judge of election contests. ii) The jurisdiction of HRET is not limited to constitutional
i) Proportional Representation. The congressmen who will compose qualifications. The word “qualifications” cannot be read to be
the electoral tribunal shall be chosen on the basis of proportional qualified by the term “constitutional”. Where the law does not
distinguish, the courts should likewise not. The filing of a
representation from the political and party-list parties.
certificate of candidacy is a statutory qualification
ii) Reason for Mixed Membership. The presence of justices of the iii) Where a person is contesting the proclamation of a candidate as
Supreme Court in the Electoral Tribunal neutralizes the effects of senator, it is SET which has exclusive jurisdiction to act.
partisan influences in its deliberations and invests its action with iv) Contest after proclamation is the jurisdiction of HRET

v) When there is an election contest (when a defeated candidate winner and the Speaker is duty bound to administer the oath
challenges the qualification and claims the seat of a proclaimed The Speaker shall administer the oath on the winner.
winner), the Electoral Tribunal is the sole judge. (3) In election contests, however, the jurisdiction of the
vi) Errors that may be verified only by the opening of ballot boxes COMELEC ends once a candidate has been proclaimed and
must be recourse to the electoral tribunal. has taken his oath of office as a Member of Congress.
vii) Once a winning candidate has been proclaimed, taken his oath and Jurisdiction then passes to the Electoral Tribunal of either the
assumed office as a member of the House, COMELEC’s House or the Senate
jurisdiction over election contest relating to his election, returns m) Judicial Review
and qualifications ends, and the HRET’s own jurisdiction begins. i) SC may intervene in the creation of the electoral tribunal. SC may
h) Nature of election contests. An election is not like an ordinary action overturn the decisions of HRET when there is GADLJ.
in court. Public interests rather than purely private ones are involved in ii) Judicial review of decisions or final resolutions of the electoral
its determination. It is therefore not permissible that such a contest be tribunals is possible only in the exercise of the Court’s so called
settled by stipulation between the parties, nor can judgment be taken extra-ordinary jurisdiction upon a determination that the tribunal’s
by default; but the case must be decided after thorough investigation of decision or resolution was rendered without or in excess of
the evidence jurisdiction or with grave abuse of discretion constituting denial of
i) Absence of election contest. In the absence of an election contest, due process.
however, the electoral tribunals are without jurisdiction. Thus, the iii) The decisions rendered by the Electoral Tribunals in the contests
power of each House to defer oath-taking of members until final of which they are the sole judge are not appealable to the Supreme
determination of election contests filed against them has been retained Court except in cases of a clear showing of a grave abuse of
by each House. discretion.
j) Invalidity of Proclamation. An allegation of invalidity of a 16) Commission on Appointments
proclamation is a matter that is addressed to the sound discretion of the a) Function of CA
Electoral Tribunal. i) It acts as a legislative check on the appointing authority of the
k) Motion to Withdraw. The motion to withdraw does not divest the President. For the effectivity of the appointment of certain key
HRET the jurisdiction on the case. officials, the consent of CA is needed.
l) Jurisdiction of COMELEC b) Composition (25 members)
(1) Pre-proclamation controversies include: i) Senate President as chairman
(i) Incomplete returns (omission of name or votes) ii) 12 senators
(ii) Returns with material defects iii) 12 members of HR
(iii) Returns which appeared to be tampered with, falsified c) Proportional Representation. The members of the Commission shall be
or prepared under duress or containing discrepancies elected by each House on the basis of proportional representation from
in the votes (with significant effect on the result of the political party and party list.
election) i) The sense of the Constitution is that the membership in the
(2) It is the COMELEC which decides who the winner is in an Commission on Appointment must always reflect political
election. A person holding office in the House must yield his alignments in Congress and must therefore adjust to changes. It is
or her seat to the person declared by the COMELEC to be the understood that such changes in party affiliation must be
permanent and not merely temporary alliances

ii) Endorsement is not sufficient to get a seat in COA. appointments are made during the recess, subject to consideration
d) Fractional Seats. Fractional seats cannot be rounded off. The seats later by the Commission, for confirmation or rejection.
should be vacant. ii) But where the Congress in is in session, the President must first
i) A full complement of 12 members from the Senate is not
clear his nominations with the Commission on Appointments,
mandatory. Holders of .5 proportion belonging to distinct parties
may not form a unity for purposes of obtaining a seat in the which is why it must be constituted as soon as possible. Unless it
Commission. is organized, no appointment can be made by the President in the
e) Voting. meantime
i) The Chairman shall not vote except in the case of a tie. d) COA meeting
f) Action on appointments. i) The Commission on Appointments shall meet only while the
i) The Commission shall act on all appointments submitted to it Congress is in session to discharge its powers and functions.
within 30 session days of the Congress from the submission.
ii) The Commission on Appointments shall meet at the call of its
g) Ad interim appointments not acted upon.
i) Ad interim appointments not acted upon at the time of he Chairman or a majority of all its members
adjournment of the Congress, even if the thirty day period has not
yet expired, are deemed bypassed under Article VII, Section 16.
h) Ruling. CHAPTER 18
i) The Commission shall rule by a majority vote of all its Members. CONSTITUTION: AMENDMENTS & REVISIONS
17) Organization
a) Organization. The ET and COA shall be constituted within 30 days
1) Amendment - refer to changes that do not affect the overall structure &
after the Senate and the House shall have been organized with the
basic principles of the constitution
election of the President and the Speaker.
a) Addition or change within the lines of the original constitution
b) Reason for Early organization of ETs. In the case of Electoral
b) Edits specific provisions
Tribunals, the need for their early organization is obvious, considering
2) Revisions - changes that involve alterations in structure/principle in the
the rash of election contests already waiting to be filed after, even
constitution
before, the proclamation of the winners. This is also the reason why,
a) Edits several provisions
unlike the Commission of Appointments, the Electoral Tribunals are
3) Tests
supposed to continue functioning even during the recess
a) Quantitative test - asks whether the proposed change is so extensive in
c) Reason, provision on COA. The provision is based on the need to
its provisions as to change directly the 'substantial entirety' of the
enable the President to exercise his appointing power with dispatch in
constitution by the deletion or alteration of numerous existing
coordination with the Commission on Appointments.
provisions
i) The rule that the Commission on Appointments can meet only
b) Qualitative test - inquires into the qualitative effects of the proposed
during the session of the Congress is the reason why ad interim
change in the constitution
appointments are permitted under the Constitution. These

4) Procedure for Amendment or Revision departments of the government because the power it
a) Proposal - made either directly by the congress or by a constitutional exercises are in the nature of sovereign power
convention; special case is provided for where the proposal may be (b) Theory 2 - considers the constitutional convention inferior
made directly by the people through initiative to the other departments of the government since it is
i) Pertinent rules - Article 17 of the Constitution merely a creation of the legislature
(1) Section 1 - proposed by: (c) Theory 3 - declares that as long as it exists & confines
(a) The congress, upon a vote 3/4 of all its members; or itself within the sphere of its jurisdiction, the
(b) A constitutional convention constitutional convention must be considered independent
(2) Section 2 - proposed by the people through initiative upon a of & co-equal with the other departments of the
petition of at least twelve per centum of the total number of government
registered voters, of which every legislative district must be b) Ratification
represented by at least three per centum of the registered i) Section 4, Article 17 of the Constitution:
voters therein. No amendment under this section shall be (1) Any amendment to, or revision of, this Constitution under
authorized within five years following the ratification of this Section 1 hereof shall be valid when ratified by a majority of
Constitution nor oftener than once every five years thereafter the votes cast in a plebiscite which shall be held not earlier
(a) Congress shall provide for implementation than sixty days nor later than ninety days after the approval of
(3) Section 3 - Congress may, by a vote of two-thirds of all its such amendment or revision.
Members, call a constitutional convention, or by a majority (2) Any amendment under Section 2 hereof shall be valid when
vote of all its Members, submit to the electorate the question ratified by a majority of the votes cast in a plebiscite which
of calling such a convention shall be held not earlier than sixty days nor later than ninety
ii) Notes: days after the certification by the Commission on Elections of
(1) People's initiative may propose only amendments the sufficiency of the petition
(2) If what is intended is mere amendment or change of particular
provisions only, the proposal is made by direct legislative
action
(3) If the intention is to overhaul the constitution, then it is
advisable o do via constitutional convention
iii) Position of the Constitutional Convention
(1) Three theories
(a) Theory of Conventional Sovereignty - holds that the
constitutional convention is supreme over the other


Constitutional Law 1 - Midterm - Mama Gie Notes

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Constitutional Law 1: Mid Terms 6) State - community of persons, permanently occupying a fixed territory &

possessed of an independent government organized for political ends to

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