Constitutional Law 1 - Finals - Mama Gie Notes

Constitutional Law 1: Finals Reviewer cities, & the Metropolitan Manila area in accordance with the number of their
respective inhabitants, & on the basis of a uniform & progressive ratio, &
(Based on Political Law by Isagani Cruz) those who, as provided by law, shall be elected through a party-list system
of registered national, regional, & sectoral parties or organizations.
ARTICLE VI - The Legislative Department (2) The party-list representatives shall constitute twenty per centum
of the total number of representatives including those under the party list. For
SECTION 1. The legislative power shall be vested in the Congress of the three consecutive terms after the ratification of this Constitution, one-half of
Philippines which shall consist of a Senate & a House of Representatives, the seats allocated to party-list representatives shall be filled, as provided by
except to the extent reserved to the people by the provision on initiative & law, by selection or election from the labor, peasant, urban poor, indigenous
referendum. cultural communities, women, youth, & such other sectors as may be
provided by law, except the religious sector.
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 (3) Each legislative district shall comprise, as far as practicable,
provided by law. contiguous, compact & adjacent territory. Each city with a population of at
least two hundred fifty thous&, or each province, shall have at least one
SECTION 3. No person shall be a Senator unless he is a natural-born citizen representative.
of the Philippines, &, on the day of the election, is at least thirty-five years of
age, able to read & write, a registered voter, & a resident of the Philippines (4) Within three years following the return of every census, the
for not less than two years immediately preceding the day of the election. Congress shall make a reapportionment of legislative districts based on the
standards provided in this section.
SECTION 4. The term of office of the Senators shall be six years & shall
commence, unless otherwise provided by law, at noon on the thirtieth day of SECTION 6. No person shall be a Member of the House of Representatives
June next following their election. unless he is a natural-born citizen of the Philippines &, on the day of the
election, is at least twenty-five years of age, able to read & write, &, except
No Senator shall serve for more than two consecutive terms. Voluntary the party-list representatives, a registered voter in the district in which he
renunciation of the office for any length of time shall not be considered as an shall be elected, & a resident thereof for a period of not less than one year
interruption in the continuity of his service for the full term for which he was immediately preceding the day of the election.
elected.
SECTION 7. The Members of the House of Representatives shall be elected
SECTION 5. (1) The House of Representatives shall be composed of not for a term of three years which shall begin, unless otherwise provided by law,
more than two hundred & fifty members, unless otherwise fixed by law, who at noon on the thirtieth day of June next following their election.
shall be elected from legislative districts apportioned among the provinces, 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
CONSTITUTIONAL LAW 1: FINALS REVIEWER | SBCA-SOL | AY 2021-2022 | FIRST SEMESTER | 1
PROFESSOR: AMB. AMADO TOLENTINO | BASED ON PERSONAL NOTES, COLLATED REVIEWERS, & CRUZ’S BOOK
shall not be considered as an interruption in the continuity of his service for Neither shall he be appointed to any office which may have been created or
the full term for which he was elected. the emoluments thereof increased during the term for which he was elected.
SECTION 8. Unless otherwise provided by law, the regular election of the SECTION 14. No Senator or Member of the House of Representatives may
Senators & the Members of the House of Representatives shall be held on personally appear as counsel before any court of justice or before the
the second Monday of May. Electoral Tribunals, or quasi-judicial & other administrative bodies. Neither
shall he, directly or indirectly, be interested financially in any contract with, or
SECTION 9. In case of vacancy in the Senate or in the House of in any franchise or special privilege granted by the Government, or any
Representatives, a special election may be called to fill such vacancy in the subdivision, agency, or instrumentality thereof, including any government-
manner prescribed by law, but the Senator or Member of the House of owned or controlled corporation, or its subsidiary, during his term of office.
Representatives thus elected shall serve only for the unexpired term. 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
SECTION 10. The salaries of Senators & Members of the House of his office.
Representatives shall be determined by law. No increase in said
compensation shall take effect until after the expiration of the full term of all SECTION 15. The Congress shall convene once every year on the fourth
the Members of the Senate & the House of Representatives approving such Monday of July for its regular session, unless a different date is fixed by law,
increase. & 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
SECTION 11. A Senator or Member of the House of Representatives shall, Saturdays, Sundays, & legal holidays. The President may call a special
in all offenses punishable by not more than six years imprisonment, be session at any time.
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 SECTION 16. (1) The Senate shall elect its President & the House of
the Congress or in any committee thereof. Representatives its Speaker, by a majority vote of all its respective Members.
SECTION 12. All Members of the Senate & the House of Representatives Each House shall choose such other officers as it may deem necessary.
shall, upon assumption of office, make a full disclosure of their financial &
business interests. They shall notify the House concerned of a potential (2) A majority of each House shall constitute a quorum to do
conflict of interest that may arise from the filing of a proposed legislation of business, but a smaller number may adjourn from day to day & may compel
which they are authors. the attendance of absent Members in such manner, & under such penalties,
as such House may provide.
SECTION 13. No Senator or Member of the House of Representatives may
hold any other office or employment in the Government, or any subdivision, (3) Each House may determine the rules of its proceedings, punish
agency, or instrumentality thereof, including government-owned or controlled its Members for disorderly behavior, &, with the concurrence of two-thirds of
corporations or their subsidiaries, during his term without forfeiting his seat.
all its Members, suspend or expel a Member. A penalty of suspension, when SECTION 19. The Electoral Tribunals & the Commission on Appointments
imposed, shall not exceed sixty days. shall be constituted within thirty days after the Senate & the House of
Representatives shall have been organized with the election of the President
(4) Each House shall keep a Journal of its proceedings, & from time & the Speaker. The Commission on Appointments shall meet only while the
to time publish the same, excepting such parts as may, in its judgment, affect Congress is in session, at the call of its Chairman or a majority of all its
national security; & the yeas & nays on any question shall, at the request of Members, to discharge such powers & functions as are herein conferred
one-fifth of the Members present, be entered in the Journal. upon it.
Each House shall also keep a Record of its proceedings. SECTION 20. The records & books of accounts of the Congress shall be
preserved & be open to the public in accordance with law, & such books shall
(5) Neither House during the sessions of the Congress shall, without be audited by the Commission on Audit which shall publish annually an
the consent of the other, adjourn for more than three days, nor to any other itemized list of amounts paid to & expenses incurred for each Member.
place than that in which the two Houses shall be sitting.
SECTION 21. The Senate or the House of Representatives or any of its
SECTION 17. The Senate & the House of Representatives shall each have respective committees may conduct inquiries in aid of legislation in
an Electoral Tribunal which shall be the sole judge of all contests relating to accordance with its duly published rules of procedure. The rights of persons
the election, returns, & qualifications of their respective Members. Each appearing in or affected by such inquiries shall be respected.
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, & SECTION 22. The heads of departments may upon their own initiative, with
the remaining six shall be Members of the Senate or the House of the consent of the President, or upon the request of either House, as the
Representatives, as the case may be, who shall be chosen on the basis of rules of each House shall provide, appear before & be heard by such House
proportional representation from the political parties & the parties or on any matter pertaining to their departments. Written questions shall be
organizations registered under the party-list system represented therein. The submitted to the President of the Senate or the Speaker of the House of
senior Justice in the Electoral Tribunal shall be its Chairman. Representatives at least three days before their scheduled appearance.
Interpellations shall not be limited to written questions, but may cover matters
SECTION 18. There shall be a Commission on Appointments consisting of related thereto. When the security of the State or the public interest so
the President of the Senate, as ex officio Chairman, twelve Senators & twelve requires & the President so states in writing, the appearance shall be
Members of the House of Representatives, elected by each House on the conducted in executive session.
basis of proportional representation from the political parties & parties or
organizations registered under the party-list system represented therein. The SECTION 23. (1) The Congress, by a vote of two-thirds of both Houses in
Chairman of the Commission shall not vote, except in case of a tie. The joint session assembled, voting separately, shall have the sole power to
Commission shall act on all appointments submitted to it within thirty session declare the existence of a state of war.
days of the Congress from their submission. The Commission shall rule by a
majority vote of all the Members.
(2) In times of war or other national emergency, the Congress may, any item in the general appropriations law for their respective offices from
by law, authorize the President, for a limited period & subject to such savings in other items of their respective appropriations.
restrictions as it may prescribe, to exercise powers necessary & proper to
carry out a declared national policy. Unless sooner withdrawn by resolution (6) Discretionary funds appropriated for particular officials shall be
of the Congress, such powers shall cease upon the next adjournment disbursed only for public purposes to be supported by appropriate vouchers
thereof. & subject to such guidelines as may be prescribed by law.
SECTION 24. All appropriation, revenue or tariff bills, bills authorizing (7) If, by the end of any fiscal year, the Congress shall have failed to
increase of the public debt, bills of local application, & private bills shall pass the general appropriations bill for the ensuing fiscal year, the general
originate exclusively in the House of Representatives, but the Senate may appropriations law for the preceding fiscal year shall be deemed reenacted
propose or concur with amendments. & shall remain in force & effect until the general appropriations bill is passed
by the Congress.
SECTION 25. (1) The Congress may not increase the appropriations
recommended by the President for the operation of the Government as SECTION 26. (1) Every bill passed by the Congress shall embrace only one
specified in the budget. The form, content, & manner of preparation of the subject which shall be expressed in the title thereof.
budget shall be prescribed by law.
(2) No bill passed by either House shall become a law unless it has
(2) No provision or enactment shall be embraced in the general passed three readings on separate days, & printed copies thereof in its final
appropriations bill unless it relates specifically to some particular form have been distributed to its Members three days before its passage,
appropriation therein. Any such provision or enactment shall be limited in its except when the President certifies to the necessity of its immediate
operation to the appropriation to which it relates. enactment to meet a public calamity or emergency. Upon the last reading of
a bill, no amendment thereto shall be allowed, & the vote thereon shall be
(3) The procedure in approving appropriations for the Congress shall taken immediately thereafter, & the yeas & nays entered in the Journal.
strictly follow the procedure for approving appropriations for other
departments & agencies. 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
(4) A special appropriations bill shall specify the purpose for which it it; otherwise, he shall veto it & return the same with his objections to the
is intended, & shall be supported by funds actually available as certified by House where it originated, which shall enter the objections at large in its
the National Treasurer, or to be raised by a corresponding revenue proposed Journal & proceed to reconsider it. If, after such reconsideration, two-thirds
therein. of all the Members of such House shall agree to pass the bill, it shall be sent,
(5) No law shall be passed authorizing any transfer of appropriations; together with the objections, to the other House by which it shall likewise be
however, the President, the President of the Senate, the Speaker of the reconsidered, & if approved by two-thirds of all the Members of that House,
House of Representatives, the Chief Justice of the Supreme Court, & the it shall become a law. In all such cases, the votes of each House shall be
heads of Constitutional Commissions may, by law, be authorized to augment determined by yeas or nays, & the names of the Members voting for or
against shall be entered in its Journal. The President shall communicate his armed forces, or to any penal institution, or government orphanage or
veto of any bill to the House where it originated within thirty days after the leprosarium.
date of receipt thereof; otherwise, it shall become a law as if he had signed
it. (3) All money collected on any tax levied for a special purpose shall
be treated as a special fund & paid out for such purpose only. If the purpose
(2) The President shall have the power to veto any particular item or for which a special fund was created has been fulfilled or abandoned, the
items in an appropriation, revenue, or tariff bill, but the veto shall not affect balance, if any, shall be transferred to the general funds of the Government.
the item or items to which he does not object.
SECTION 30. No law shall be passed increasing the appellate jurisdiction of
SECTION 28. (1) The rule of taxation shall be uniform & equitable. The the Supreme Court as provided in this Constitution without its advice &
Congress shall evolve a progressive system of taxation. concurrence.
(2) The Congress may, by law, authorize the President to fix within SECTION 31. No law granting a title of royalty or nobility shall be enacted.
specified limits, & subject to such limitations & restrictions as it may impose,
tariff rates, import & export quotas, tonnage & wharfage dues, & other duties SECTION 32. The Congress shall, as early as possible, provide for a system
or imposts within the framework of the national development program of the of initiative & referendum, & the exceptions therefrom, whereby the people
Government. can directly propose & enact laws or approve or reject any act or law or part
thereof passed by the Congress or local legislative body after the registration
(3) Charitable institutions, churches & parsonages or convents of a petition therefor signed by at least ten per centum of the total number of
appurtenant thereto, mosques, non-profit cemeteries, & all lands, buildings, registered voters, of which every legislative district must be represented by
& improvements, actually, directly, & exclusively used for religious, at least three per centum of the registered voters thereof.
charitable, or educational purposes shall be exempt from taxation.
(4) No law granting any tax exemption shall be passed without the CHAPTER 9: POWERS OF CONGRESS
concurrence of a majority of all the Members of the Congress.
1) LEGISLATIVE POWER IN GENERAL (Art 6, Sec 1)
SECTION 29. (1) No money shall be paid out of the Treasury except in a) Legislative power – power of lawmaking, the framing & enactment of laws
pursuance of an appropriation made by law. i) Effected through the adoption of a bill, or a proposed or projected law,
which once approved becomes a statute
(2) No public money or property shall be appropriated, applied, paid, ii) Legislative power is vested in Congress except to the extent reserved to
or employed, directly or indirectly, for the use, benefit, or support of any sect, the people by the provision on initiative & referendum
church, denomination, sectarian institution, or system of religion, or of any iii) Congress may legislate on any subject matter. In other words, the
priest, preacher, minister, or other religious teacher, or dignitary as such, legislative power of Congress is plenary.
except when such priest, preacher, minister, or dignitary is assigned to the
b) Statute – written will of the legislature, solemnly expressed according to the (1) Committee – hold public hearings & submits report &
forms necessary to constitute it the law of the state recommendation for calendar for second reading
c) Classification of Legislative Power ii) Second reading – bill is read in full (with amendments proposed by the
i) Original legislative power- possessed by the sovereign people. committee) – unless copies are distributed & such reading is dispensed
ii) Derivative legislative power- that which has been delegated by the with
sovereign people to the legislative bodies. (Kind of power vested in (1) Bill will be subject to debates, motions & amendments
Congress) (2) Bill will be voted on
iii) Constituent- The power to amend or revise the constitution (3) A bill approved shall be included in the calendar of bills for 3rd
iv) Ordinary- Power to pass ordinary laws. reading
v) *Legislative power exercised by the people. The people, through the iii) Third reading – bill approved on 2nd reading will be submitted for final
amendatory process, exercise constituent power, & through initiative & vote by yeas & nays,
referendum, ordinary legislative power (1) Bill approved on the 3rd reading will be transmitted to the “Other
d) Limitations on Legislative Power House” for concurrence (same process as the first passage)
i) Substantive Limitations (a) If the “Other House” approves without amendment it is passed
(1) Express limitations to the President
(a) Bill of Rights (b) If the “Other House” introduces amendments, & disagreement
(b) On Appropriations arises, differences will be settled by the Conference
(c) On Taxation Committees of both houses
(d) On Constitutional Appellate jurisdiction of Sc (c) Report & recommendation of the 2 Conference Committees
(e) No law granting a title of royalty or nobility shall be enacted will have to be approved by both houses to be considered pass
(2) Implied limitations iv) *Bicameral Conference Committee – resolves conflicts between the
(a) Congress cannot legislate irrepealable laws two Houses
(b) Congress cannot delegate legislative powers (1) Powers of the Conference Committee
(c) Non-encroachment on powers of other departments (a) Endorse a bill in toto
ii) Procedural Limitations (b) Introduce changes to the bill – insert or omit provisions
(1) Only one subject (c) Produce an entirely new or substitute bill – conference bill
(2) Three readings on separate days (d) Empowered not to make a report at all
(3) Printed copies in its final form 3 days before passage of the bill
3) ORIGIN OF BILLS (Sec 24 & 26, Art 6)
2) PROCEDURE a) Rule – the following bills must originate exclusively in the house of
a) Steps in how a bill becomes a law (from StatCon reviewer) representatives
i) First reading – reading the number & title, referral to the appropriate i) Appropriation, revenue or tariff bills
committee for study & recommendation

(1) A bill is an appropriation measure whose principal purpose pertains iii) The separation is not total. The system allows for checks & balances.
to the expenditure of public funds. The net effect of which being that, in general, no one department can
(2) Such as – the yearly general appropriations law act without the cooperation of at least one of the other departments.
ii) Bills authorizing increase of the public debt (1) Such as – legislation needs the final approval of the president,
iii) Bills of local application president cannot act against laws passed by Congress & must obtain
(1) Such as – a bill for the conversion of a municipality into a city, bills the concurrence of Congress to complete significant acts, money
renaming a street can be released from the treasury only by authority of Congress, the
iv) Private bills SC can declare the acts of Congress or the President
(1) Such as – a naturalization bill for the benefit of a single person unconstitutional.
b) What does “originate exclusively in the HREP” mean? iv) The purpose is to prevent the concentration of powers in one department
i) It simply means that the bill should be initiated in the HREP, upon & thereby to avoid tyranny. But the price paid for the insurance against
reaching the Senate, it can be changed & completely modified by the tyranny is the risk of a degree of inefficiency & even the danger of
Senate. The Senate can even make its own version of the bill. gridlock.
v) The purpose is to save the people from autocracy.
4) PROHIBITED MEASURES
a) Substantive limits – curtail the contents or substance of a law 5) TITLE OF BILLS
i) Express – Bill of rights, on appropriations (Secs. 25 & 29 (1) & (2), Art. a) Every bill shall brace only one subject as stated in the title
6); On taxation (Secs. 28 & 29 (3), Art. 6; Sec. 4 (3), Art. 14); On i) Prevent hodgepodge or log-rolling legislation
constitutional appellate jurisdiction of the SC (Sec.30, Art. 6); No law ii) Prevent surprise & fraud upon the legislature
granting a title of royalty or nobility shall be passed (Sec. 31, Art. 6) iii) to fairly apprise people of the subject of the legislation
ii) Implied – Non-delegation of powers; & Prohibition against the passage
of irrepealable laws. 6) FORMALITIES
b) Procedural limits – curtail the manner of passing laws a) No bill shall become a law unless it has passed three readings on separate
i) a bill must generally be approved by the President before it becomes days
law, laws should have only one subject, to be expressed in the title. b) Third reading is limited to the casting of the votes
c) Principle of separation of powers & the system of checks & balances— c) Conference committee to reconcile differences between house & senate
operates as an implicit limitation on legislative powers as on the other two version & create comprises
powers.
i) Three great powers of government – Legislative, Executive, Judicial 7) APPROVAL OF BILLS (Art 6, Sec 27)
ii) It means that legislation belongs to the legislative, execution to the a) When legislative bills become law
executive, & settlement of legal controversies to the judiciary. Each is i) When does a bill finally become law?
prevented from invading the domain of the others (1) Rule - it must approved by both congress & the president
(a) Congress (Congressional approval)
(i) The legislative action required of Congress is a positive act Chief Executive must find his authority in the Constitution. But in
(ii) There is no enactment of law by legislative inaction exercising that authority he may not be confined to rules of strict
(b) President (Executive Approval) construction or hampered by the unwise interference of the
(i) Every bill passed by the Congress shall, before it becomes judiciary. The courts will indulge every intendment in favor of the
a law, be presented to the President. constitutionality of a veto in the same manner as they will presume
(ii) Approval by the President may be by positive act or by the constitutionality of an act as originally passed by the
inaction. Legislature.
(iii) The President must communicate his veto of any bill to the ii) May the President approve some part or parts of a bill & veto the rest?
House where it originated within 30 days after the date of (1) No. If the President disapproves a bill approved by Congress, he
receipt, otherwise, it shall become a law as if he had signed should veto the entire bill. He is not allowed to veto separate items
it. of a bill.
(iv) Except - congress alone may pass a law by exercising its (2) Except - In the following cases, the President may veto parts of a
power to override presidential vetoes by 2/3 vote of both bill
houses (a) Item-veto or line-veto in appropriation, revenue, or tariff bills
1. This is the power of congressional override (i) The President has the power to veto any particular item or
ii) Does the passage of a law make it immediately effective & binding? items in an appropriation, revenue, or tariff bill, but the
(1) NO. Publication in every case is indispensable. Total omission of veto shall not affect the item or items to which he does not
publication would be a denial of due process in that the people object. (Art. 6, Sec. 27[2])
would not know what laws to obey. (ii) The justification for the President‘s item-veto power rests
(2) Generally, laws take effect 15 days after its publication in the on a variety of policy goals such as to prevent log-rolling
official gazette or a newspaper of general circulation (Art. 2, Civil legislation, impose fiscal restrictions on the legislature, as
Code as amended by EO No. 200) well as to fortify the executive branch‘s role in the
b) Presidential veto budgetary process. It is a salutary check upon the
i) Rule - the president can veto the passage of law legislative body, calculated to guard the community
(1) the President‘s disapproval of a bill, commonly known as a veto, is against the effects of factions, precipitancy, or of any
essentially a legislative act. The questions presented to the mind of impulse unfriendly to the public good, which may happen
the Chief Executive are precisely the same as those the legislature to influence a majority of that body. It is meant to increase
must determine in passing a bill, except that his will be a broader the chances in favor of the community against the passing
point of view. The Constitution is a limitation upon the power of of bad laws, through haste, inadvertence, or design.
the legislative department of the government, but in this respect it (iii) What is an “item”?
is a grant of power to the executive department. 1. It refers to the particulars, the details, the district &
(2) The Legislature has the affirmative power to enact laws; the Chief severable parts of the bill. It is in indivisible some of
Executive has the negative power by the constitutional exercise of money dedicated to a stated purpose.
which he may defeat the will of the Legislature. It follows that the
(iv) Must an item relate only to one specific purpose? (b) In appropriate provisions or “riders” in appropriation, revenue,
1. YES. An item of appropriation must be an item or tariff bills
characterized by singular correspondence – meaning (i) It is an exception to the general rule that the President
an allocation of a specified singular amount for a cannot veto provisions or conditions without vetoing the
specified singular purpose, otherwise known as a item to which it relates.
“line-item. This treatment not only allows the item to (ii) A provision that is constitutionally inappropriate for an
be consistent with its definition as a "specific appropriation bill may be singled out for veto even if it is
appropriation of money" but also ensures that the not an appropriation or revenue "item" In essence what this
President may discernibly veto the same. While an means is that the President may veto "riders" in an
appropriation may be validly apportioned into appropriation bill, even though it is not an item of
component percentages or values; however, it is appropriation.
crucial that each percentage or value must be allocated (3) What is the effect of an invalid veto?
for its own corresponding purpose for such component (a) It is without effect; it is as if the President did not act on the bill
to be considered as a proper line-item. A valid at all. Hence, the bill becomes a law by executive inaction
appropriation may even have several related purposes c) Congressional override
that are by accounting & budgeting practice i) Rule - when the president vetoes a bill, congress may override the veto
considered as one purpose by 2/3 vote of both houses
(v) Is an “item” the same as a “provision” in an appropriations (1) After the president vetoes a bill, it is returned with his objections to
bill? the House where it originated, which shall enter the objections at
1. NO. An item is a specific appropriation of money, not large in its Journal & proceed to reconsider it.
some general provision of law, which happens to be (2) If, after such reconsideration, 2/3 all the Members of such House
put into an appropriation bill. agrees to pass the bill, it shall be sent, together with the objections,
(vi) How should the President exercise “item-veto”? to the other House by which it shall likewise be reconsidered, & if
1. He must veto the entire item & the corresponding approved by 2/3 of all the Members of that House, it shall become
provisions & conditions attached to it. a law.
2. A condition in an appropriation bill may not vetoed
without vetoing the item to which it is attached. 8) LEGISLATIVE INQUIRIES (Art 6, Sec 21)
3. The President cannot veto a part of the item & approve a) Power of Legislative Inquiry
the remaining part of the item. When a provision of an i) Rule - the senate or the house of representatives or any of its respective
appropriation bill affects one or more items of the committees may conduct inquiries in aid of legislation
same, the President cannot veto the provision without (1) any of the committees of either house may also conduct legislative
at the same time vetoing the item or item to which it inquiries
relates

(2) The power of inquiry, with process to enforce it, is an essential & would violate their right to due process. However, the SC
appropriate auxiliary to the legislative function. A legislative body did not find it necessary to address this point in that case.
cannot legislate wisely or effectively in the absence of information (2) Power to cite a witness in contempt (contempt power)
respecting the conditions which the legislation is intended to affect (a) The power of contempt is inherent in the power of inquiry, it
or change; & where the legislative body does not itself possess the may be exercised to compel a witness to divulge information
requisite information, which is not infrequently true, recourse must (b) Experience has shown that mere requests for information are
be had to others who do possess it. frequently unavailing & that information that is volunteered is
b) Powers inherent in the power of inquiry not always accurate or complete. Hence, the power of
i) What powers may congress exercise as part of its powers of inquiry? investigation necessarily includes the power to punish a
(1) Power to compel the attendance of witnesses (subpoena power) contumacious witness for contempt.
(a) Rule - all persons may be subpoenaed to compel attendance & (c) When may a witness in an investigation be punished for
to give testimony in legislative inquiries contempt?
(b) Except - the following cannot be compelled to attend — (i) If he refuses to give testimony to a proper question & the
(i) President absence of a valid justification.
(ii) Justice of the SC (ii) No person can be punished for contumacy as a witness
1. separation of powers & co-equal department courtesy unless his testimony is required in a matter into which the
(c) May a court enjoin the appearance of a person in a legislative legislature or any of its committees has jurisdiction to
inquiry? inquire. It is not necessary that every question propounded
(i) No. A court has no authority to prohibit the committee to a witness must be material to a proposed legislation. The
from requiring any person to appear & testify before it materiality of the question must be determined by its direct
(ii) In this case, the complaint against respondent flaviano relation to the subject of the inquiry & not by its indirect
regarding the anomaly in the sale real property was still relation to any proposed or possible legislation. The reason
pending before the office of the ombudsman when the is that the necessity or lack of necessity for legislative
committee served subpoena on him. In other words, no action & the form & character of the action itself are
court had acquired jurisdiction over the matter. Thus, there determined by the sum of the information to be gathered
was yet no encroachment by the legislature into the because of the investigation, & not by a fraction of such
exclusive jurisdiction of another branch of the information elicited from a single question.
government. (d) For how long may congress keep a contumacious witness in
(d) What if there is a pending case (civil or criminal) against a detention?
person in the courts, may legislative inquiries still compel the (i) In addition to the above express limitations on the power
accused or defendants therein? of congress is the implicit limitation that the legislature's
(i) This was alleged in the bengzon case, the persons power to commit a witness for contempt terminates when
subpoenaed were alleging that to compel attendance in a the legislative body ceases to exist upon its final
legislative inquiry when there are pending cases in court adjournment. This must be so, since the basis of the power
to impose such a penalty is the right which the legislature power in it vested by the constitution, such as to legislate or to
has to self-preservation, & which right is enforceable expel a member
during the existence of the legislative body (4) What are the questions which may be asked of a witness in a
(e) May the inherent power of congress to punish for contempt be legislative inquiry?
applied, mutatis mutandis, to local legislative bodies? (a) Any question which has a direct relation to the subject of the
(i) No. The power is recognized as inherent in congress as a inquiry & not by its indirect relation to any proposed or
matter of self-preservation of one of the three independent possible legislation.
& coordinate branches of government. It is sui generis & (5) What are matters outside the scope of legislative inquiries?
may not be claimed by local legislative bodies. (a) Those matters within the exclusive province of the executive
c) Limitations on legislative inquiries or judicial branches
i) It must be conducted for the purposes of legislation (b) Broad as it is, the power is not, however, without limitations.
(1) The requirement that the investigation be "in aid of legislation" is Since congress may only investigate into those areas in which
an essential element for establishing the jurisdiction of the it may potentially legislate or appropriate, it cannot inquire into
legislative body. It is, however, a requirement which is not difficult matters which are within the exclusive province of one of the
to satisfy because, unlike in the US, where legislative power is other branches of the government. Lacking the judicial power
shared by the US Congress & the state legislatures, the totality of given to the judiciary, it cannot inquire into mattes that are
legislative power is possessed by congress & its legislative field is exclusively the concern of the judiciary. Neither can it supplant
well-nigh unlimited. It would be difficult to define any limits by the executive in what exclusively belongs to the executive.
which the subject matter of its inquiry can be bounded. (c) Bengzon vs senate blue ribbon committee g.r. no. 89914,
(2) Legislative inquiries are almost always upheld as constitutional, November 20, 1991
courts usually never interfere with it as a respect to the separation (i) in this case, a legislative inquiry was conducted upon the
of powers. Thus, only in cases where there is a clear violation of instigation of senator enrile who said in a privileged speech
constitutional rights can the courts step in. The proper attitude to that there was need to determine the existence of violation
take in looking at legislative inquiries is that it is a broad & of law in the alleged transfer of some properties of "kokoy"
expansive power of congress that must liberally upheld. romualdez to the lopa group of companies, the senate blue
(3) What are the matters within the scope of legislative inquiries? ribbon committee decided, purportedly in aid of
(a) Such inquiries may refer to the implementation or re- legislation, to investigate the transaction. The court ruled
examination of any law or in connection with any proposed that the investigation was not in aid of legislation because
legislation or the formulation of future legislation. They may "the speech of senator enrile contained no suggestion of
also extend to any & all matters vested by the constitution in contemplated legislation" but merely pointed to the need
congress &/or in the senate alone. to determine whether "the relatives of president aquino,
(b) The inquiry, to be within the jurisdiction of the legislative body particularly mr. Ricardo lopa, had violated the law." to
making it, must be material or necessary to the exercise of a allow the investigation to continue would violate
separation of powers.
(ii) there were dissents to the majority opinion as the proper accessible to the public at the senate’s internet web page
position to take is to uphold legislative inquiries as a matter circulation in the Philippines.
of inter-departmental courtesy, see the dissenting opinions (c) The publication of the rules of procedure in the website of the
ii) It must be in accordance with its duly published rules of procedure senate, or in pamphlet form available at the senate, is not
(1) Publication is indispensable sufficient under the tañada v. Tuvera ruling which requires
(2) Garcillano vs HoR, g.r. no. 170338, Dec 23, 2008 publication either in the official gazette or in a newspaper of
(a) Section 21, article vi of the 1987 constitution explicitly general circulation. The rules of procedure even provide that
provides that "[t]he senate or the house of representatives, or the rules "shall take effect seven (7) days after publication in
any of its respective committees may conduct inquiries in aid two (2) newspapers of general circulation," precluding any
of legislation in accordance with its duly published rules of other form of publication. Publication in accordance with
procedure." the requisite of publication of the rules is intended tañada is mandatory to comply with the due process
to satisfy the basic requirements of due process. Publication is requirement because the rules of procedure put a person’s
indeed imperative, for it will be the height of injustice to punish liberty at risk. A person who violates the rules of procedure
or otherwise burden a citizen for the transgression of a law or could be arrested & detained by the senate.
rule of which he had no notice whatsoever, not even a (d) The invocation by the respondents of the provisions of r.a. no.
constructive one. What constitutes publication is set forth in 8792, otherwise known as the electronic commerce act of 2000,
article 2 of the civil code, which provides that "[l]aws shall take to support their claim of valid publication through the internet
effect after 15 days following the completion of their is more incorrect. R.a. 8792 considers an electronic data
publication either in the official gazette, or in a newspaper of message or an electronic document as the functional equivalent
general of a written document only for evidentiary purposes. In other
(b) Respondents justify their non-observance of the words, the law merely recognizes the admissibility in evidence
constitutionally mandated publication by arguing that the rules (for their being the original) of electronic data messages &/or
have never been amended since 1995 &, despite that, they are electronic documents. It does not make the internet a medium
published in booklet form available to anyone for free. The for publishing laws, rules & regulations.
court does not agree. The absence of any amendment to the iii) The rights of persons appearing in, or affected by, such inquiries shall
rules cannot justify the senate’s defiance of the clear & be respected
unambiguous language of section 21, article vi of the (1) this is just another way of saying that legislative investigations must
constitution. The organic law instructs, without more, that the be "subject to the limitations placed by the constitution on
senate or its committees may conduct inquiries in aid of governmental action." & since all governmental action must be
legislation only in accordance with duly published rules of exercised subject to constitutional limitations, principally found in
procedure & does not make any distinction whether or not the bill of rights, this limitation really creates no new constitutional
these rules have undergone amendments or revision. The right.
constitutional mandate to publish the said rules prevails over
any custom, practice or tradition followed by the senate. And
(2) Such as the right against self-incrimination be a formal claim by the president stating the “precise &
(a) Bongzon vs senate blue ribbon committee, g.r. no. 89914, certain reason” for preserving confidentiality. The grounds
November 20, 1991 relied upon by executive secretary ermita are specific
(b) The power of both houses of congress to conduct inquiries in enough, since what is required is only that an allegation be
aid of legislation is not, therefore, absolute, or unlimited. Its made “whether the information demanded involves
exercise is circumscribed by the afore-quoted provision of the military or diplomatic secrets, closed-door cabinet
constitution. Thus, as provided therein, the investigation must meetings, etc.” The particular ground must only be
be "in aid of legislation in accordance with its duly published specified, & the following statement of grounds by
rules of procedure" & that "the rights of persons appearing in executive secretary ermita satisfies the requirement: “the
or affected by such inquiries shall be respected." it follows then context in which executive privilege is being invoked is
that the rights of persons under the bill of rights must be that the information sought to be disclosed might impair
respected, including the right to due process & the right not to our diplomatic as well as economic relations with the
be compelled to testify against oneself. people’s republic of china.
(c) It has been held that "a congressional committee's right to
inquire is 'subject to all relevant limitations placed by the 9) APPEARANCE OF DEPARTMENT HEADS (Art 6, Sec 22)
constitution on governmental action,' including "'the relevant a) Rule — the heads of departments may appear before & be heard by such
limitations of the bill of rights. either house of congress on any matter pertaining to their departments
(d) The mere semblance of legislative purpose would not justify i) Section 22 formalizes the "oversight function" of Congress. The special
an inquiry in the face of the bill of rights. The critical element mention of heads of departments was put in, even under the
is the existence of, & the weight to be ascribed to, the interest Administrative Code before the 1935 Constitution, was intended to
of the congress in demanding disclosures from an unwilling forestall any objection to a department head's appearance in Congress.
witness. We cannot simply assume, however, that every ii) Some cases say this pertains to a “question hour”, but that is only true
congressional investigation is justified by a public need that in parliamentary systems
over-balances any private rights affected. To do so would be to (1) The "question hour" is proper to a parliamentary system where
abdicate the responsibility placed by the constitution upon the there is no separation between the legislative & executive
judiciary to ensure that the congress does not unjustifiably department. Section 22, unlike in the "question hour" under the
encroach upon an individual's right to privacy nor abridge his 1973 Constitution, has made the appearance of department heads
liberty of speech, press, religion, or assembly. voluntary. They can appear on their own initiative, with the consent
iv) Doctrine of executive privilege of the President, or at the request of Congress. Because of the
(1) Senate vs ermita & neri vs senate in art. 7 separation of powers, however, department secretaries may not
(a) Was the claim of executive privilege properly invoked in this impose their appearance upon either House.
case? b) When may department heads appear?
(i) Yes, according to the justice leonardo-de castro’s i) Upon their own initiative, with the consent of the President, or
ponencia. For the claim to be properly invoked, there must
ii) Upon the request of either House of executive privilege. They are not exempt by the mere fact that they
(1) unlike the power of legislative inquiry in Sec. 21, the application are department heads. Only one executive official may be exempted
Sec. 22 is limited to department heads & such is merely from this power — the President — on whom executive power is vested,
discretionary on their part. They cannot be compelled by Congress. hence, beyond the reach of Congress except through the power of
c) What matters may be the subject of the inquiry under Sec. 22? impeachment.
i) Any matter pertaining to the department of the department head iv) Thus, the requirement for Cabinet Members to secure Presidential
d) What are the rules & conditions to be observed? consent under Sec. 1 of E.O. 464, which is limited only to appearances
i) Written questions shall be submitted to the President of the Senate or in the question hour, is valid on its face. It cannot, however, be applied
the Speaker of the House of Representatives at least three days before to appearances of department heads in inquiries in aid of legislation.
the scheduled appearance of the department heads Congress is not bound in such instances to respect the refusal of the
ii) Interpellations shall not be limited to written questions but may cover department head to appear in such inquiry, unless a valid claim of
matters related thereto. privilege is subsequently made either by the President herself or by the
iii) When the security of the State or the public interest so requires & the Executive Secretary, acting for the President.
President so states in writing, the appearance shall be conducted in
executive session. 10) THE POWER OF APPROPRIATION
e) Is the oversight function in Sec. 22 the same as the power of legislative a) APPROPRIATION DEFINED
inquiry under Sec. 21? i) Rule - only congress, by law, may authorize the expenditure of public
i) NO. A distinction has to be made between the power to conduct funds.
inquiries in aid of legislation, the aim of which is to elicit information (1) However, it may merely appropriate public funds, it cannot spend
that may be used for legislation, & the power to conduct a question hour, the money appropriated
the objective of which is to obtain information in pursuit of Congress’ ii) What is the power of appropriation?
oversight function (1) The word appropriate means to allot, assign, set apart or apply to a
ii) When Congress merely seeks to be informed on how department heads particular use or purpose. An appropriation in the sense of the
are implementing the statutes which it has issued, its right to such constitution means the setting apart a portion of the public funds for
information is not as imperative as that of the President to whom, as a public purpose.
Chief Executive, the department heads must give a report of their (2) The power of appropriation involves -
performance as a matter of duty. In such instances, Art. VI, Sec. 22, in (a) Setting apart by law of a determinate or determinable sum from
keeping with the doctrine of separation of powers, states that Congress the public revenue
may only request the appearance of department heads, who may appear (b) For specified public purposes.
with (3) It is the spending power, called the “power of the purse”, belongs
iii) However, when the inquiry in which Congress requires their appearance to Congress, subject only to the veto power of the President. While
is “in aid of legislation” under Sec. 21, the appearance is mandatory. it is the President who proposes the budget, still, the final say on
When Congress exercises its power of inquiry, the only way for the matter of appropriation is lodged in Congress.
department heads to exempt themselves therefrom is by a valid claim
(a) The power of appropriation carries with it the power to specify general or special application which appropriate public funds for
the project or activity to be funded under the appropriation law. specific public purposes, such as the questioned decrees.
It can be as detailed & as broad as Congress wants it to be. viii) An appropriation measure is sufficient if the legislative intention clearly
iii) What is the difference between “appropriation” & “expenditure” of & certainly appears from the language employed, whether in the past or
public funds? in the present.
(1) Appropriation - merely involves authorization of allowance of ix) The appropriation need NOT be the "primary & specific" purpose of the
public funds to a public purpose. This is legislative function law in order for a valid appropriation law to exist. If a legal provision
(2) Expenditure - involves the actual use of public funds. This is an designates a determinate or determinable amount of money & allocates
executive function the same for a particular public purpose, then the legislative intent to
iv) What is an “appropriation law”? appropriate becomes apparent &, hence, already sufficient to satisfy the
(1) A statute the primary & specific purpose of which is to authorize requirement of an "appropriation made by law" under contemplation of
the release of public funds from the Treasury. the Constitution.
v) How are public funds appropriated?
(1) Only by law. No money shall be paid out of the treasury except in b) IMPLIED LIMITATIONS
pursuance of an appropriation made by law. i) Any appropriation bill must originate from the house of representatives
(2) This is made passed by Congress either through a - (art. 24)
(a) General Appropriations Law - passed annually, intended to ii) Public money can be appropriated only for a public purpose
provide for the financial operations of the entire government (1) This is an implicit limitation
during one fiscal period. (2) This limitation arises from the relation between the power to spend
(b) Special Appropriations Law - designed for a specific purpose. & the power to tax.
(3) No particular form of words is necessary for the purpose, if the (3) The right of the legislature to appropriate public funds is correlative
intention to appropriate is plainly manifested. The Constitution with its right to tax, &, under the constitutional provisions against
does not provide or prescribe any particular form of words or taxation except for public purposes. No appropriation of state funds
religious recitals in which an authorization or appropriation by can be made for other than a public purpose.
Congress shall be made, except that it be ‘made by law,‘" an iii) The sum authorized to be released must be determinate, or at least
appropriation law may be detailed & as broad as Congress wants it determinable
to be" for as long as the intent to appropriate may be gleaned from iv) No public money or property shall be appropriated, applied, paid, or
the same. employed, directly or indirectly, for the Use, benefit, or support of any
vi) An appropriation may be made impliedly (as by past but subsisting of the following (art. 29[2])—
legislations) as well as expressly for the current fiscal year (as by (1) Sect, church, denomination, sectarian institution, or system of
enactment of laws by the present Congress), just as said appropriation religion
may be made in general as well as in specific terms. (2) Priest, preacher, minister, other religious teacher, or dignitary as
vii) The Congressional authorization may be embodied in annual laws, such such
as a general appropriations act or in special provisions of laws of
(a) EXCEPT — When such priest, preacher, minister, or dignitary instance, been used as an instrument for the extermination of
is assigned to the armed forces, or to any penal institution, or undesirable activities & enterprises
government orphanage or leprosarium. (2) the power to tax has also been used as a tool for regulation. for the
v) All money collected on any tax levied for a special purpose shall be paid purpose of regulating property, the state can choose to exercise its
out for such purpose only (art. 29[3]) police power or its power to tax. "it is beyond serious question that
(1) Money collected on any tax levied for a special purpose is treated a tax does not cease to be valid merely because it regulates,
as a “special fund” discourages, or even definitely deters the activities taxed. the
(2) What if the purpose for which a special fund was created has been principal purpose of the tax may be secondary.
fulfilled or abandoned? iii) public interest purposes
(a) The balance, if any, shall be transferred to the general funds of (1) another aspect of the power to tax is what the United States SC has
the Government. characterized as "the power to keep alive." this is the foundation for
the imposition of tariffs designed for the encouragement &
c) AUTOMATIC RE-APPROPRIATION protection of locally produced goods against competition from
i) On what budget does the government operate when Congress fails to imports.
approve a general appropriation bill? (If by the end of any fiscal year, b) limitations on the power of taxation
the Congress fails to pass the general appropriations bill) i) it must not violate due process
(1) The general appropriations law for the preceding fiscal year is (1) the power to tax is an attribute of sovereignty. in fact, it is the
deemed re-enacted & shall remain in force & effect until the general strongest of all the powers of government. but for all its plenitude,
appropriations bill is passed by the Congress. the power to tax is not unconfined as there are restrictions.
adversely affecting as it does property rights, both due process &
d) SPECIAL FUNDS equal protection clauses of the constitution may properly be
i) Any money collected on any tax levied for a special purpose shall be invoked to invalidate in appropriate cases a revenue measure.
treated as a special fund & paid out for such purpose only (2) in the same vein, the due process clause may be invoked where a
taxing statute is so arbitrary that it finds no support in the
11) THE POWER OF TAXATION constitution. an obvious example is where it can be shown to
a) purpose of taxation amount to confiscation of property. that would be a clear abuse of
i) revenue purposes - a state cannot exist without taxation. it is the power
lifeblood of society. (3) where a tax measure becomes so unconscionable & unjust as to
ii) regulatory purposes amount to confiscation of property, courts will not hesitate to strike
(1) the obvious, primary, & specific purpose of the power to tax is to it down, for, despite all its plenitude, the power to tax cannot
raise revenue. however, from the earliest days of the history of the override constitutional prescriptions.
power of taxation, the power to tax has been recognized as an
instrument of national economic & social policy. it has, for
ii) it should only be exercised for public purposes "quality education." these provisions are put in the
(1) the power to tax exists for the general welfare. hence implicit in the constitution as moral incentives to legislation, not as
power is the limitation that it should be exercised only for a public judicially enforceable rights. thus, even if the vat is
purpose. regressive because it is an indirect tax, it is not prohibited
iii) it must be uniform & equitable (equal protection) by the constitution.
(1) “uniformity" in the constitution does "not signify an intrinsic, but c) tax exemptions - it is a grant of immunity, express or implied, to persons or
simply a geographical uniformity. a tax is uniform, within the corporations from the obligation to pay taxes.
constitutional requirement, when it operates with the same force & i) how are tax exemptions granted?
effect in every place where the subject of it is found. (1) by constitutional grant
(2) the requirement of "uniformity" has been interpreted by Philippine (2) by law
jurisprudence as equivalent to the requirement of valid (a) congress itself may grant tax exemptions, but it must be with
classification under the equal protection clause. the concurrence of a majority of all the members of the
(3) it means that — congress. (art. 6, sec. 28[4])
(a) it means that the standards that are used therefore are ii) other than the constitution, is it only the congress who can grant tax
substantial & not arbitrary exemptions?
(b) the categorization is germane to achieve the legislative purpose (1) generally, yes. however, the following are recognized exceptions
(c) the law applies, all things being equal to both present & future (a) where the president exercises his power under the flexible tariff
conditions, & clause to remove existing protective tariff rates (art. 6, sec.
(d) the classification applies equally well to all those belonging to 28[2])
the same class. (b) the local government may grant exemptions from the payment
(4) it must be progressive, as much as possible of local taxes without congressional approval consequent to its
(a) a tax system is progressive when the rate increases as the tax power to levy taxes, fees & other charges. (art. 10, sec. 5)
base increases. the explicit mention of progressive taxation in (c) where the president enters & ratify a tax treaty granting certain
the constitution reflects the wish of the commission that the exemptions subject only to senate occurrence.
legislature should use the power of taxation as an instrument d) constitutional tax exemptions
for a more equitable distribution of wealth. i) exemption of religious, charitable, & educational institutions from real
(b) this is not mandatory, there are regressive taxes imposed, such property taxes (art. 6, sec. 28[3])
as the value-added tax. (1) the following institutions are exempt from real property taxes —
(i) what congress is required by the constitution to do is only (a) charitable institutions
to "evolve a progressive system of taxation." this is a (b) churches & personages or convents appurtenant thereto
directive to congress, just like the directive to it to give (c) mosques
priority to the enactment of laws for the enhancement of (d) non-profit cemeteries, &
human dignity & the reduction of social, economic & (e) all lands, buildings, & improvements directly, & exclusively
political inequalities or for the promotion of the right to used for religious, charitable, or educational purposes
(2) the exemption in art. 6, sec. 28[3] is only for taxes assessed as iii) exemption of grants, endowments, donations, or contributions to
property taxes. educational institutions from donor’s & estate tax (art. 14, sec. 4[4])
(3) for the exemption of “lands, buildings, & improvements” they (1) subject to conditions prescribed by law, all grants, endowments,
should not only be 'exclusively' but also “actually” & “directly” donations, or contributions used, directly, & exclusively for
used for religious, charitable, or educational purposes. there must educational purposes shall be exempt from tax.
be proof of the actual & direct use of the lands, buildings, & e) delegation of the power to tax
improvements for religious or charitable or educational purposes to i) rule: the congress may, by law, authorize the president to fix
be exempt from taxation. (1) tariff rates
(4) the tax privileges are granted because these institutions are (2) import & export quotas
providing services which government should be providing. (3) tonnage & wharfage dues
(5) how do you determine whether a certain institution is a charitable? (4) other duties or imposts within the framework of the national
(a) what is meant by actual, direct, & exclusive use of the property development program of the government
for charitable institutions is the direct & immediate & actual ii) what are the limitations on this delegation?
application of the property itself to the purpose for which the (1) the authority of the president must be within specified limits, &
charitable institution is organized. subject to such limitations & restrictions as congress may impose
(b) to determine whether an enterprise is a charitable (2) the restrictions & limitations imposed by congress take on the
institution/entity or not, the elements which should be mantle of a constitutional command, which the executive branch is
considered include the statute creating the enterprise, its obliged to observe.
corporate purposes, its constitution & by-laws, the methods of (3) this is another constitutionally permissible delegation of legislative
administration, the nature of the actual work performed, the power. it is an exception to the principle of non-delegability of
character of the services rendered, the indefiniteness of the legislative powers
beneficiaries, & the use & occupation of the properties.
ii) exemption of non-stock, non-profit educational institutions from 12) THE POWER OF CONCURRENCE
income taxes (art. 14, sec. 4[3]) a) Article VII, Sec 19 authorizes the president to grant amnesty with the
(1) all revenues & assets of non-stock, non-profit educational concurrence of a majority of all the members of the congress
institutions used, directly, & exclusively for educational purposes b) Article VII, Sec 21provides that no treaty or international agreement shall
shall be exempt from taxes & duties. be valid unless concurred by at least 2/3 of all the members of the Senate
(2) educational institution — it refers to a school, seminary, college or
educational establishment. private auspices such as foundations & 13) THE WAR POWERS (Sec 23, Art 6)
civic-spirited organizations such as the ymca are not educational a) Section 23, Article 6 states the following:
institutions within the meaning of this tax exemption. (Commission i) The Congress, by a vote of two-thirds of both Houses in joint session
of internal revenue v. ca 1998) assembled, voting separately, shall have the sole power to declare the
(3) these tax privileges are meant to help enable private schools to offer existence of a state of war.
quality & affordable education.
ii) In times of war or other national emergency, the Congress may, by law, iv) What kind of powers may be given to the President?
authorize the President, for a limited period & subject to such (1) There is no specification. Under the present provision, Congress
restrictions as it may prescribe, to exercise powers necessary & proper may authorize the President "to exercise powers necessary &
to carry out a declared national policy. Unless sooner withdrawn by proper to carry out a declared national policy." It is submitted that,
resolution of the Congress, such powers shall cease upon the next based on this provision, the President may be given emergency
adjournment thereof legislative powers if Congress so desires. This is confirmed by the
b) Declaration of the existence of a state of war explanation made on the floor of the 1971 Convention, which is the
i) Rule — only congress has the sole power to declare the existence of a source of this provision, that emergency powers can include the
state of war power to rule by "executive fiat.”
(1) How should Congress decide in declaring a state of war? (2) This constitutes an exception to the rule on non-delegability of
(a) By a vote of two-thirds of both Houses in joint session legislative powers
assembled, voting separately
(2) May the country engage in war in the absence of a declaration of 14) REFERENDUM & INITIATIVE
war? a) Initiative - is the power of the people to propose amendments to the
(a) YES. The actual power to make war is vested in the President Constitution or to propose & enact legislation through an election called for
alone, even in the absence of a declaration of the Legislative. the purpose.
c) Delegation of emergency powers to the president i) Initiative on the Constitution — refers to a petition proposing
i) Rule — in the following cases, the congress may authorize the president amendments to the Constitution
to exercise powers necessary & proper to carry out a declared national ii) Initiative on statutes — refers to a petition proposing to enact a national
policy – legislation; & Initiative on local legislation which refers to a petition
(1) In times of war proposing to enact a regional, provincial, city, municipal or barangay
(2) Other national emergency law, resolution, or ordinance.
ii) How should Congress delegate emergency powers to the President? iii) Indirect initiative — is the exercise of initiative by the people through
(1) By ordinary law a proposition sent to Congress or local legislative body for action (Sec.
iii) What are the limitations on the delegation of emergency powers to the 2, R. A. 6735)
President? b) Referendum - is the power of the electorate to approve or reject legislation
(1) It must be for a limited period — It should cease upon the next through an election called for the purpose.
adjournment of Congress unless sooner withdraw by Resolution i) Referendum on statutes — refers to a petition to approve or reject an
(2) Congress may prescribe restrictions — such as fixing the duration act or law, or part thereof, passed by Congress.
thereof ii) Referendum on local laws — refers to a petition to approve or reject a
(3) The delegation must be necessary & proper to carry out a declared law, resolution or ordinance enacted by regional assemblies & local
national policy legislative bodies (Sec. 2(c), R. A. 6735)

c) Limitations On Initiative & Referendum - The following cannot be the No Vice-President shall serve for more than two consecutive terms.
subject of an initiative or referendum petition Voluntary renunciation of the office for any length of time shall not be
i) No petition embracing more than one subject shall be submitted to the considered as an interruption in the continuity of the service for the full term
electorate for which he was elected.
ii) Statutes involving emergency measures, the enactment of which is
specifically vested in Congress by the Constitution, cannot be subject Unless otherwise provided by law, the regular election for President & Vice-
to referendum until ninety (90) days after their effectivity President shall be held on the second Monday of May.
The returns of every election for President & Vice-President, duly certified by
ARTICLE VII - Executive Department 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
SECTION 1. The executive power shall be vested in the President of the certificates of canvass, the President of the Senate shall, not later than thirty
Philippines. days after the day of the election, open all certificates in the presence of the
Senate & the House of Representatives in joint public session, & the
SECTION 2. No person may be elected President unless he is a natural-born Congress, upon determination of the authenticity & due execution thereof in
citizen of the Philippines, a registered voter, able to read & write, at least forty the manner provided by law, canvass the votes.
years of age on the day of the election, & a resident of the Philippines for at
least ten years immediately preceding such election. The person having the highest number of votes shall be proclaimed elected,
but in case two or more shall have an equal & highest number of votes, one
SECTION 3. There shall be a Vice-President who shall have the same of them shall forthwith be chosen by the vote of a majority of all the Members
qualifications & term of office & be elected with & in the same manner as the of both Houses of the Congress, voting separately.
President. He may be removed from office in the same manner as the
President. The Congress shall promulgate its rules for the canvassing of the certificates.
The Vice-President may be appointed as a Member of the Cabinet. Such The Supreme Court, sitting en banc, shall be the sole judge of all contests
appointment requires no confirmation. relating to the election, returns, & qualifications of the President or Vice-
President, & may promulgate its rules for the purpose.
SECTION 4. The President & the Vice-President shall be elected by direct
vote of the people for a term of six years which shall begin at noon on the SECTION 5. Before they enter on the execution of their office, the President,
thirtieth day of June next following the day of the election & shall end at noon the Vice-President, or the Acting President shall take the following oath or
of the same date six years thereafter. The President shall not be eligible for affirmation:
any reelection. No person who has succeeded as President & has served as
such for more than four years shall be qualified for election to the same office “I do solemnly swear (or affirm) that I will faithfully & conscientiously fulfill my
at any time. duties as President (or Vice-President or Acting President) of the Philippines,
preserve & defend its Constitution, execute its laws, do justice to every man, SECTION 8. In case of death, permanent disability, removal from office, or
& consecrate myself to the service of the Nation. So help me God.” (In case resignation of the President, the Vice-President shall become the President
of affirmation, last sentence will be omitted.) to serve the unexpired term. In case of death, permanent disability, removal
from office, or resignation of both the President & Vice-President, the
SECTION 6. The President shall have an official residence. The salaries of President of the Senate or, in case of his inability, the Speaker of the House
the President & Vice-President shall be determined by law & shall not be of Representatives, shall then act as President until the President or Vice-
decreased during their tenure. No increase in said compensation shall take President shall have been elected & qualified.
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 The Congress shall, by law, provide who shall serve as President in case of
emolument from the Government or any other source. death, permanent disability, or resignation of the Acting President. He shall
serve until the President or the Vice-President shall have been elected &
SECTION 7. The President-elect & the Vice-President-elect shall assume qualified, & be subject to the same restrictions of powers & disqualifications
office at the beginning of their terms. as the Acting President.
If the President-elect fails to qualify, the Vice-President-elect shall act as SECTION 9. Whenever there is a vacancy in the Office of the Vice-President
President until the President-elect shall have qualified. during the term for which he was elected, the President shall nominate a
Vice-President from among the Members of the Senate & the House of
If a President shall not have been chosen, the Vice-President-elect shall act Representatives who shall assume office upon confirmation by a majority
as President until a President shall have been chosen & qualified. vote of all the Members of both Houses of the Congress, voting separately.
If at the beginning of the term of the President, the President-elect shall have SECTION 10. The Congress shall, at ten o’clock in the morning of the third
died or shall have become permanently disabled, the Vice-President-elect day after the vacancy in the offices of the President & Vice-President occurs,
shall become President. convene in accordance with its rules without need of a call & within seven
days enact a law calling for a special election to elect a President & a Vice-
Where no President & Vice-President shall have been chosen or shall have President to be held not earlier than forty-five days nor later than sixty days
qualified, or where both shall have died or become permanently disabled, the from the time of such call. The bill calling such special election shall be
President of the Senate or, in case of his inability, the Speaker of the House deemed certified under paragraph 2, Section 26, Article VI of this Constitution
of Representatives shall act as President until a President or a Vice- & shall become law upon its approval on third reading by the Congress.
President shall have been chosen & qualified. Appropriations for the special election shall be charged against any current
appropriations & shall be exempt from the requirements of paragraph 4,
The Congress shall, by law, provide for the manner in which one who is to Section 25, Article VI of this Constitution. The convening of the Congress
act as President shall be selected until a President or a Vice-President shall cannot be suspended nor the special election postponed. No special election
have qualified, in case of death, permanent disability, or inability of the shall be called if the vacancy occurs within eighteen months before the date
officials mentioned in the next preceding paragraph. of the next presidential election.
SECTION 11. Whenever the President transmits to the President of the SECTION 13. The President, Vice-President, the Members of the Cabinet, &
Senate & the Speaker of the House of Representatives his written declaration their deputies or assistants shall not, unless otherwise provided in this
that he is unable to discharge the powers & duties of his office, & until he Constitution, hold any other office or employment during their tenure. They
transmits to them a written declaration to the contrary, such powers & duties shall not, during said tenure, directly or indirectly, practice any other
shall be discharged by the Vice-President as Acting President. profession, participate in any business, or be financially interested in any
contract with, or in any franchise, or special privilege granted by the
Whenever a majority of all the Members of the Cabinet transmit to the Government or any subdivision, agency, or instrumentality thereof, including
President of the Senate & to the Speaker of the House of Representatives government-owned or controlled corporations or their subsidiaries. They
their written declaration that the President is unable to discharge the powers shall strictly avoid conflict of interest in the conduct of their office.
& duties of his office, the Vice-President shall immediately assume the
powers & duties of the office as Acting President. The spouse & relatives by consanguinity or affinity within the fourth civil
degree of the President shall not during his tenure be appointed as members
Thereafter, when the President transmits to the President of the Senate & to of the Constitutional Commissions, or the Office of the Ombudsman, or as
the Speaker of the House of Representatives his written declaration that no Secretaries, Undersecretaries, chairmen or heads of bureaus or offices,
inability exists, he shall reassume the powers & duties of his office. including government-owned or controlled corporations & their subsidiaries.
Meanwhile, should a majority of all the Members of the Cabinet transmit
within five days to the President of the Senate & to the Speaker of the House SECTION 14. Appointments extended by an Acting President shall remain
of Representatives their written declaration that the President is unable to effective, unless revoked by the elected President within ninety days from his
discharge the powers & duties of his office, the Congress shall decide the assumption or reassumption of office.
issue. For that purpose, the Congress shall convene, if it is not in session,
within forty-eight hours, in accordance with its rules & without need of call. SECTION 15. Two months immediately before the next presidential elections
& up to the end of his term, a President or Acting President shall not make
If the Congress, within ten days after receipt of the last written declaration, appointments, except temporary appointments to executive positions when
or, if not in session, within twelve days after it is required to assemble, continued vacancies therein will prejudice public service or endanger public
determines by a two-thirds vote of both Houses, voting separately, that the safety.
President is unable to discharge the powers & duties of his office, the Vice-
President shall act as the President; otherwise, the President shall continue SECTION 16. The President shall nominate &, with the consent of the
exercising the powers & duties of his office. Commission on Appointments, appoint the heads of the executive
departments, ambassadors, other public ministers & consuls, or officers of
SECTION 12. In case of serious illness of the President, the public shall be the armed forces from the rank of colonel or naval captain, & other officers
informed of the state of his health. The Members of the Cabinet in charge of whose appointments are vested in him in this Constitution. He shall also
national security & foreign relations & the Chief of Staff of the Armed Forces appoint all other officers of the Government whose appointments are not
of the Philippines, shall not be denied access to the President during such otherwise provided for by law, & those whom he may be authorized by law
illness. to appoint. The Congress may, by law, vest the appointment of other officers
lower in rank in the President alone, in the courts, or in the heads of or the suspension of the privilege of the writ or the extension thereof, & must
departments, agencies, commissions, or boards. promulgate its decision thereon within thirty days from its filing.
The President shall have the power to make appointments during the recess A state of martial law does not suspend the operation of the Constitution, nor
of the Congress, whether voluntary or compulsory, but such appointments supplant the functioning of the civil courts or legislative assemblies, nor
shall be effective only until after disapproval by the Commission on authorize the conferment of jurisdiction on military courts & agencies over
Appointments or until the next adjournment of the Congress. civilians where civil courts are able to function, nor automatically suspend the
privilege of the writ.
SECTION 17. The President shall have control of all the executive
departments, bureaus, & offices. He shall ensure that the laws be faithfully The suspension of the privilege of the writ shall apply only to persons
executed. judicially charged for rebellion or offenses inherent in or directly connected
with the invasion.
SECTION 18. The President shall be the Commander-in-Chief of all armed
forces of the Philippines & whenever it becomes necessary, he may call out During the suspension of the privilege of the writ, any person thus arrested
such armed forces to prevent or suppress lawless violence, invasion or or detained shall be judicially charged within three days, otherwise he shall
rebellion. In case of invasion or rebellion, when the public safety requires it, be released.
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 SECTION 19. Except in cases of impeachment, or as otherwise provided in
martial law. Within forty-eight hours from the proclamation of martial law or this Constitution, the President may grant reprieves, commutations &
the suspension of the privilege of the writ of habeas corpus, the President pardons, & remit fines & forfeitures, after conviction by final judgment.
shall submit a report in person or in writing to the Congress. The Congress, He shall also have the power to grant amnesty with the concurrence of a
voting jointly, by a vote of at least a majority of all its Members in regular or majority of all the Members of the Congress.
special session, may revoke such proclamation or suspension, which
revocation shall not be set aside by the President. Upon the initiative of the SECTION 20. The President may contract or guarantee foreign loans on
President, the Congress may, in the same manner, extend such proclamation behalf of the Republic of the Philippines with the prior concurrence of the
or suspension for a period to be determined by the Congress, if the invasion Monetary Board, & subject to such limitations as may be provided by law.
or rebellion shall persist & public safety requires it. The Monetary Board shall, within thirty days from the end of every quarter of
the calendar year, submit to the Congress a complete report of its decisions
The Congress, if not in session, shall, within twenty-four hours following such on applications for loans to be contracted or guaranteed by the Government
proclamation or suspension, convene in accordance with its rules without any or government-owned & controlled corporations which would have the effect
need of a call. of increasing the foreign debt, & containing other matters as may be provided
by law.
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
SECTION 21. No treaty or international agreement shall be valid & effective 3) ELECTIONS & PROCLAMATION
unless concurred in by at least two-thirds of all the Members of the Senate. a) Art 7, Sec 4
i) The President & the Vice-President shall be elected by direct vote of
SECTION 22. The President shall submit to the Congress within thirty days the people for a term of six years which shall begin at noon on the
from the opening of every regular session, as the basis of the general thirtieth day of June next following the day of the election & shall end
appropriations bill, a budget of expenditures & sources of financing, including at noon of the same date, six years thereafter. The President shall not be
receipts from existing & proposed revenue measures. eligible for any re-election. No person who has succeeded as President
& has served as such for more than four years shall be qualified for
SECTION 23. The President shall address the Congress at the opening of election to the same office at any time.
its regular session. He may also appear before it at any other time. ii) No Vice-President shall serve for more than two 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
CHAPTER 10 – THE EXECUTIVE DEPARTMENT (Art 7) term for which he was elected.
iii) Unless otherwise provided by law, the regular election for President &
1) EXECUTIVE POWER Vice-President shall be held on the second Monday of May.
a) Power of Appointment (Art. 7, Sec. 16) iv) The returns of every election for President & Vice-President, duly
b) Power of Executive Control (Art. 7, Sec. 17) certified by the board of canvassers of each province or city, shall be
c) Power to ensure faithful execution of laws (Art. 7, Sec. 17) transmitted to the Congress, directed to the President of the Senate.
d) Commander-in-Chief of the AFP (Art. 7, Sec. 18) Upon receipt of the certificates of canvass, the President of the Senate
e) Power of executive clemency (Art. 7, Sec. 19) shall, not later than thirty days after the day of the election, open all the
f) Power to contract or guarantee foreign loans (Art. 7, Sec. 20) certificates in the presence of the Senate & the House of Representatives
g) Power to enter foreign relations (Art. 7, Sec. 21) in joint public session, & the Congress, upon determination of the
h) Residual powers (Marcos vs Manglapus 1989) authenticity & due execution thereof in the manner provided by law,
canvass the votes.
2) QUALIFICATIONS v) The person having the highest number of votes shall be proclaimed
a) Natural-born citizen of the Philippines elected, but in case two or more shall have an equal & highest number
b) Registered voter of votes, one of them shall forthwith be chosen by the vote of a majority
c) Able to read & write of all the Members of both Houses of the Congress, voting separately.
d) At least forty years of age on the day of the election, & The Congress shall promulgate its rules for the canvassing of the
e) A resident of the Philippines for at least ten years immediately preceding certificates.
such election vi) The SC, sitting en banc, shall be the sole judge of all contests relating
to the election, returns, & qualifications of the President or Vice-
President, & may promulgate its rules for the purpose.

governing their canvassing functions. Also, Congress should
b) Art 7, Sec 5 promulgate its rules for the canvassing of the certificates.
i) Before they enter on the execution of their office, the President, the (4) The person having the highest number of votes shall be proclaimed
Vice- President, or the Acting President shall take the following oath or elected
affirmation: "I do solemnly swear [or affirm] that I will faithfully & (a) In case two or more shall have an equal & highest number of
conscientiously fulfill my duties as President [or Vice-President or votes, one of them shall forthwith be chosen by the vote of a
Acting President] of the Philippines, preserve & defend its Constitution, majority of all the Members of both Houses of the Congress,
execute its laws, do justice to every man, & consecrate myself to the voting separately.
service of the Nation. So help me God." [In case of affirmation, last iii) May Congress delegate the preliminary count of votes in a presidential
sentence will be omitted]. election to a Joint Committee?
c) How is the President & Vice-President elected? (1) YES. Provided that the Committee report be submitted for approval
i) The President & the Vice-President shall be elected by direct vote of by the Congress as a body.
the people (2) Congress may validly delegate the initial determination of the
d) When does the election take place? authenticity & due execution of the certificates of canvass to a Joint
i) The regular election for President & Vice-President shall be held on the Congressional Committee, composed of members of the House of
second Monday of May, unless otherwise provided by law. Representatives & of the Senate. The creation of the Joint
e) Canvassing of votes for the president & vice-president Committee does not constitute grave abuse & cannot be said to have
i) rule — congress has the sole authority to canvass the votes & proclaim deprived petitioner & the other members of Congress of their
the winners of the presidential & vice-presidential election congressional prerogatives, because under the very Rules under
(1) This is the function of Congress & not of the Comelec. attack, the decisions & final report of the said Committee shall be
ii) What is the procedure for the canvassing of votes? subject to the approval of the joint session of both Houses of
(1) The returns of every election for President & Vice-President, duly Congress, voting separately
certified by the board of canvassers of each province or city, shall iv) May Congress continue the canvass even after the final adjournment of
be transmitted to the Congress, directed to the President of the its sessions?
Senate. (1) YES. The final adjournment of Congress does not terminate an
(2) Upon receipt of the certificates of canvass, the President of the unfinished presidential canvass. Adjournment terminates
Senate shall, not later than thirty days after the day of the election, legislation but not the non-legislative functions of Congress such as
open all the certificates in the presence of the Senate & the House canvassing of votes.
of Representatives in joint public session (2) Even after Congress has adjourned its regular session, it may
(3) Upon determination of the authenticity & due execution thereof in continue to perform this constitutional duty of canvassing the
the manner provided by law, Congress shall canvass the votes. presidential & vice- presidential election results without need of
(a) The function of Congress is not merely ministerial. It has any call for a special session by the President. The joint public
authority to examine the certificates of canvass for authenticity session of both Houses of Congress convened by express directive
& due execution. For this purpose, Congress must pass a law of Sec. 4, Art. VII of the Constitution to canvass the votes for & to
proclaim the newly elected President & Vice-President has not, &
cannot, adjourn sine die until it has accomplished its 4) TERM
constitutionally mandated tasks. For only when a board of a) How long is the term of office of the President & Vice-President?
canvassers has completed its functions is it rendered functus i) 6 years.
officio. b) When the President & Vice-President’s term commence & end?
v) Can Congress undertake a separate & an “unofficial” tabulation of i) It begins at noon on the thirtieth day of June next following the day of
results? the election & shall end at noon of the same date, six years thereafter.
(1) NO. There is no constitutional or statutory basis for Comelec to ii) Before they enter on the execution of their office, the President, the
undertake a separate & an “unofficial” tabulation of, results, Vice- President, or the Acting President must take an oath or
whether manually or electronically. By conducting such affirmation, the wording of which is stated in Art. 7, Sec. 5.
“unofficial” tabulation, the Comelec descends to the level of a c) Is there a limitation of terms for the President & Vice-President?
private organization, spending public funds for the purpose. This i) YES. Observe the following rules —
not only violates the exclusive prerogative of NAMFREL to (1) The President can only serve for 1 term
conduct an “unofficial” count, but also taints the integrity of the (a) He is not eligible for any re-election
envelopes containing the election returns & the election returns (b) EXCEPT — a person who succeeds as President & has served
themselves. Thus, if the Comelec is proscribed from conducting an as such for 4 years or less may run for re-election
official canvass of the votes cast for the President & Vice- (c) This only applies to Presidents by succession, not election.
President, the Comelec is, with more reason, prohibited from (d) This enabled Pres. Gloria Macapagal-Arroyo, who succeeded
making an “unofficial” canvass of said votes Pres. Joseph Estrada in 2001, to run for reelection in 2004, as
f) Presidential Electoral Tribunal (Pet) she served for only 3 years.
i) RULE — The SC, sitting en banc as the Presidential Electoral Tribunal (e) If the successor president served for more than 4 years, he
shall be the sole judge of all contests relating to the election, returns, & becomes disqualified from re-election
qualifications of the President or Vice-President (2) There is no limitation of terms which a Vice-President may serve,
ii) The power of the PET includes the power to correct manifest errors on however he cannot serve for more than 2 successive terms
the statement of votes (SOV) & certificates of canvass (COC). (a) Voluntary renunciation of the office for any length of time shall
iii) Who may file an electoral protest with the PET? not be considered as an interruption in the continuity of the
(1) Only the registered candidate for President or Vice-President of the service for the full term for which he was elected.
Philippines who received the second or third highest number of
votes may contest the election of the President or Vice-President. 5) THE VICE PRESIDENT
By this express enumeration, the rule makers have in effect a) The vice president shall have the same qualifications & term as the president
determined the real parties in interest concerning an on-going b) No vice president shall serve more than 2 successive terms
election contest. (Rule 15, Rules of the PET)
(2) Thus, the widow of a losing candidate is not a real party-in-interest.

(a) The Senate President or, in case of his inability, the Speaker of
6) PRESIDENTIAL SUCCESSION the House of Representatives shall act as President until a
a) Rules On Presidential & Vice-Presidential Succession President or a Vice-President shall have been chosen &
i) Vacancy In The Presidency (Art. 7, Sec. 7, 8) qualified. He shall serve until the President or the Vice-
(1) Vacancy in the beginning of the term of the presidency (Art. 7, Sec. President shall have been elected & qualified, & be subject to
7) the same restrictions of powers & disqualifications as the
(a) If the President-elect fails to qualify - the Vice President-elect Acting President. (Art. 7, Sec. 8)
shall act as President until the President-elect shall have (i) the Senate President or Speaker merely becomes “acting”
qualified. President until one is elected.
(b) If a President shall not have been chosen - the Vice President- (b) The Congress shall, at ten o'clock in the morning of the third
elect shall act as President until a President shall have been day after the vacancy in the offices of the President & Vice-
chosen & qualified. President occurs, convene in accordance with its rules without
(c) If the President-elect dies or becomes permanently disabled - need of a call
the Vice President-elect shall become President. (c) Within seven days, Congress must enact a law calling for a
(2) Vacancy during the term of the presidency (Art. 7, Sec. 8) special election to elect a President & a Vice-President to be
(a) In case of death, permanent disability, removal from office, or held not earlier than forty-five days nor later than sixty days
resignation of the President — the Vice-President shall become from the time of such call.
the President to serve the unexpired term. (3) What are the constitutional norms to observe in legislating a law
ii) Vacancy In The Vice-Presidency (Art. 7, Sec. 9) calling for a special election?
(1) If there is a vacancy in the Office of the Vice-President during the (a) The bill calling such special election shall be deemed certified
term for which he was elected - The President shall nominate a under paragraph 2, Section 26, Article V1 of this Constitution
Vice-President from among the Members of the Senate & the & shall become law upon its approval on third reading by the
House of Representatives who shall assume office upon Congress.
confirmation by a majority vote of all the Members of both Houses (b) Appropriations for the special election shall be charged against
of the Congress, voting separately any current appropriations & shall be exempt from the
iii) Vacancy In Both The Presidency & VP (Art. 7, Sec. 7, 8, 10) requirements of paragraph 4, Section 25, Article V1 of this
(1) This applies where — Constitution.
(a) No President & Vice-President shall have been chosen or shall (c) The convening of the Congress cannot be suspended, nor the
have qualified, or where both shall have died or become special election postponed. (Art. 7, Sec. 10)
permanently disabled. iv) Is a Special Election always necessary?
(b) In case of death, permanent disability, removal from office, or (1) NO. No special election shall be called if the vacancy occurs within
resignation of both the President & VP (Art. 7, Sec. 8) eighteen months before the date of the next presidential election.
(2) Observe the following rules & procedure (Art. 7, Sec. 7, 8, 10)— (Art. 7, Sec. 10)
v) Who acts as President in default of the Senate President or the Speaker?
(1) It is determined by law — House of Representatives, their written declaration that the
(a) The Congress shall, by law, provide because one who is to act President is unable to discharge the powers & duties of his office.
as President shall be selected until a President or a Vice- (4) Congress shall decide the issue. For this purpose, the Congress shall
President shall have qualified, in case of death, permanent convene if it is not in session, within forty-eight hours, in
disability, or inability of the officials mentioned in the next accordance with its rules & without need of call.
preceding paragraph. (Art. 7, Sec. 7) (5) Within ten days after receipt of the last written declaration, or, if
(b) The Congress shall, by law, provide who shall serve as not in session, within twelve days after it is required to assemble,
President in case of death, permanent disability, or resignation Congress should determine by a two-thirds vote of both Houses,
of the Acting President. (Art. 7, Sec. 8) voting separately, whether the President is unable to discharge the
b) Art 7 Sec 12. In case of serious illness of the President, the public shall be powers & duties of his office. If so, the Vice-President shall act as
informed of the state of his health. The members of the Cabinet in charge of President.
national security & foreign relations & the Chief of Staff of the Armed
Forces of the Philippines, shall not be denied access to the President during 7) OATH OF OFFICE
such illness. a) The oath is not a source of substantive power
c) Rule — in the following cases, the vice-president shall act as president — b) Oath marks formal assumption of duties
i) President deems himself unable to discharge the powers & duties of his
office 8) PREREQUISITES & INHIBITIONS
(1) The President transmits to the President of the Senate & the Speaker a) Prohibitions On The President & His Official Family
of the House of Representatives his written declaration that he is i) Rule - The President, Vice-President, The Members Of The Cabinet, &
unable to discharge the powers & duties of his office Their Deputies Or Assistants, During Their Tenure, Are Directly Or
(2) Once he is able, he may transmit a written declaration to the Indirectly Prohibited From
contrary (1) Holding any other office or employment (Covers both public &
ii) The cabinet deems the president unable to discharge the powers & private office employment)
duties of his office (2) Practice any other profession
(1) Majority of all the Members of the Cabinet transmits to the (3) Participate in any business
President of the Senate & to the Speaker of the House of (4) Be financially interested in any contract with, or in any franchise,
Representatives their written declaration that the President is or special privilege granted by the Government or any subdivision,
unable to discharge the powers & duties of his office agency, or instrumentality thereof, including government-owned or
(2) The President may transmit to the President of the Senate & to the controlled corporations or their subsidiaries
Speaker of the House of Representatives his written declaration that (5) Receiving any other emolument from the Government or any other
no inability exists, in which case, he shall reassume the powers & source (This prohibition applies only to the President & Vice-
duties of his office. President)
(3) Within 5 days, majority of all the Members of the Cabinet may
transmit to the President of the Senate & to the Speaker of the
(a) The prohibition includes appointments in acting capacity or ii) What if such relatives are already in office when a President assumes
temporary appointments. (Funa vs Agra 2013) office?
b) Except — They May Hold Other Offices — (1) The relatives are not ousted from their positions. What is prohibited
i) If it is expressly provided in the Constitution is appointment or reappointment.
(1) Vice President may be appointed as a member of the Cabinet (Art.
7, Sec. 3) 9) EXECUTIVE PRIVELEGE
(2) Secretary of Justice is an ex-officio member of the Judicial & Bar a) Rule — the president has the power to withhold certain types of information
Council (Art. 8, Sec. 8) from the courts, the congress & the public
ii) Offices in ex-officio capacity b) What is “executive privilege”?
(1) This does not involve occupying “another office” within the i) It has been defined as “the right of the President & high-level executive
contemplation of the prohibition. These offices are incidental to the branch officials to withhold information from Congress, the courts, &
official’s primary functions ultimately, the public”. Thus, presidential conversations,
(2) Ex-officio offices do not comprise "any other office" within the correspondences, or discussions during closed-door Cabinet meetings,
contemplation of the constitutional prohibition but are properly an like the internal deliberations of the SC & other collegiate courts, or
imposition of additional duties & functions on said officials by executive sessions of either House of Congress, are recognized as
virtue of their primary function confidential. This kind of information cannot be pried open by a co-
c) Doctrine Of Incompatible Offices equal branch of government.
i) Since the Chief Presidential Legal Counsel has the duty of giving ii) The claim of executive privilege is highly recognized in cases where the
independent & important legal advice of the actions of heads of various subject of the inquiry relates to a power textually committed by the
executive departments & agencies & to review investigations involving Constitution to the President, such as in military & foreign relations.
other presidential appointees, he may not occupy a position in any of Under our Constitution, the President is the repository of the
the office whose performance he must review. Such would involve commander-in-chief, appointing, pardoning & diplomatic powers.
incompatible positions. Thus, he cannot be PCGG Chairman & at the Consistent with the doctrine of separation of powers, the information
same time Chief Presidential Legal Counsel since the PCGG answers to relating to these powers may enjoy greater confidentiality than others
the President. c) What types of information are covered by executive privilege?
d) Prohibitions On the President’s Family & Relatives i) The types of information include those which are of a nature that
i) Rule - during his tenure, the president’s spouse & relatives by disclosure would subvert military or diplomatic objectives, or
consanguinity or affinity within the fourth Civil degree cannot be information about the identity of persons who furnish information of
appointed as — violations of law, or information about internal deliberations
(1) Members of the Constitutional Commissions comprising the process by which government decisions are reached
(2) Members of the Office of the Ombudsman ii) It is recognized with respect to information the confidential nature of
(3) Secretaries, Undersecretaries, chairmen or heads of bureaus or which is crucial to the fulfillment of the unique role & responsibilities
offices, including government-owned or controlled corporations & of the executive branch, or in those instances where exemption from
their subsidiaries
disclosure is necessary to the discharge of highly important executive pursuit of the public interest. The privilege being, by definition, an
responsibilities. The doctrine of executive privilege is thus premised on exemption from the obligation to disclose information, in this case to
the fact that certain information must, as a matter of necessity, be kept Congress, the necessity must be of such high degree as to outweigh the
confidential in pursuit of the public interest. The privilege being, by public interest in enforcing that obligation in a particular case.
definition, an exemption from the obligation to disclose information, e) Elements Of Executive Privilege
the necessity must be of such high degree as to outweigh the public i) It is the power of the government to withhold military, diplomatic &
interest in enforcing that obligation in a particular case other national security matters from the public, the courts, & the
(1) Conversations & correspondence between the President & the congress.
public official covered by this executive order (1) There are certain types of information which the government may
(2) Military, diplomatic & other national security matters which in the withhold from the public like military, diplomatic & national
interest of national security should not be divulged security secrets. Alluding to foreign jurisprudence, it was ruled that
(3) Information between inter-government agencies prior to the the President & those who assist him must be free to explore
conclusion of treaties & executive agreements alternatives in the process of shaping policies & making decisions
(4) Discussion in close-door Cabinet meetings & to do so in a way many would be unwilling to express except
(5) Matters affecting national security & public order. privately.
d) How must a claim of executive privilege be raised? (2) The privilege covers —
i) A claim of privilege must be stated with sufficient particularity to (a) Military;
enable Congress or the court to determine its legitimacy. (b) Diplomatic; &,
ii) When Congress exercises its power of inquiry, the only way for (c) Other national security matters, such as:
department heads to exempt themselves therefrom is by a valid claim (i) Presidential conversations, correspondences, &
of privilege. They are not exempt by the mere fact that they are discussions in closed-door cabinet meetings (Presidential
department heads. Only one executive official may be exempted from Communications Privilege)
this power — the President on whom executive power is vested, hence, (ii) Deliberations comprising part of a process by which
beyond the reach of Congress except through the power of governmental decisions & policies are formulated
impeachment. It is based on her being the highest official of the (Deliberative Process Privilege)
executive branch, & the due respect accorded to a co-equal branch of (3) This is an exception to the constitutional right to information & the
government which is sanctioned by a long-standing custom. power of inquiry of congress in aid of legislation
iii) By the same token, members of the SC are also exempt from this power (a) The Constitution of the Philippines recognizes the right of the
of inquiry. Unlike the Presidency, judicial power is vested in a collegial people to information on matters of public concern &
body; hence, each member thereof is exempt on the basis not only of guarantees access to official records, documents, & papers
separation of powers but also on the fiscal autonomy & the pertaining to official acts, transactions, or decisions, as well as
constitutional independence of the judiciary. to government research data used as basis for policy
iv) The doctrine of executive privilege is premised on the fact that certain development, subject to such limitations as may be provided
information must, as a matter of necessity, be kept confidential in by law (Sec. 7, Art. 3, 1987 Constitution)
(4) Diplomatic negotiations enjoy a presumptive privilege against the privilege requires a “precise & certain reason” for preserving
disclosure (AKBAYAN v. Aquino) confidentiality, but Congress must not require the executive to state
(5) Elements of “presidential communications privilege” the reasons for the claim with such particularity as to compel the
(a) The protected communications must relate to a “quintessential disclosure of the information which the privilege is meant to
& non-delegable presidential power.” protect. This is a matter of respect for a coordinate & co-equal
(b) The communication must be authored or “solicited & received” department (Neri vs Senate)
by a close advisor of the President or the President himself. The f) Exception To Executive Privilege
judicial test is that an advisor must be in “operational i) Information covered by executive privilege may be disclosed if there is
proximity” with the President; & a “sufficient showing of need”
(c) The presidential communications privilege remains a qualified ii) The standard to be employed in determining whether there is a sufficient
privilege that may be overcome by a showing of adequate need, interest in favor of disclosure is the strong “sufficient showing of need”
such that the information sought “likely contains important which must be shown whether that party is Congress or a private citizen.
evidence” & by the unavailability of the information elsewhere iii) Information, even if confidential under executive privilege, must be
by an appropriate investigating authority. disclosed if the right to information outweighs the public interest of
ii) It is the information itself that is privileged, not the executive officials secrecy.
themselves iv) When the government has claimed executive privilege, & it has
(1) When Congress exercises its powers of inquiry, the department established that the information is indeed covered by the same, then the
heads are not exempt by the mere fact that they are department party demanding it, if it is to overcome the privilege, must show that the
heads. Accordingly, only one executive official may be exempted information is vital, not simply for the satisfaction of its curiosity, but
from the power of inquiry of Congress — the President upon whom for its ability to participate in social, political effectively & reasonably,
executive power is vested & is beyond the reach of Congress except & economic decision-making.
through the power of impeachment. v) Note that it is for the Courts to decide whether the information must be
iii) There must be a formal claim of the privilege with specific basis given disclosed, based on the reasons & basis given for the claim of executive
(1) Congress has the right to know why the executive considers the privilege in relation to the circumstances
requested information privileged.” It does not suffice to merely
declare that the President, or an authorized representative, has 10) PRESIDENTIAL IMMUNITY
determined that it is so. In the absence of a specific basis for the a) Presidential Immunity From Suit
claim, there is no way of determining whether it falls under one of i) rule — the president is immune from suit during his tenure
the traditional privileges or whether it should be respected. (1) Although the new Constitution has not reproduced the explicit
(2) The specific basis of the claim must be given for the courts to judge guarantee of presidential immunity from suit under the 1973
whether the claim for executive privilege is valid or not Constitution, presidential immunity during tenure remains as part
(3) For the claim of executive privilege to be invoked, there must be a of the law. (Estrada v. Desierto 2001)
formal claim of the privilege, lodged by the head of the department
which has control of the matter, & that a formal & proper claim of
(2) The rationale for the grant to the President of the privilege of President which were not performed in the exercise of official
immunity from suit is to assure the exercise of presidential duties duties.
& functions free from any hindrance or distraction, considering that (3) The 1987 Constitution has rejected the expansive notion of
being the Chief Executive of the Government is a job that, aside immunity in the Marcos Constitution. Once out of office, even
from requiring all of the office-holder's time, also demands before the end of the six year term, immunity for non-official acts
undivided attention. is lost.
(3) Except — If The President’s Voluntarily Waives The Privilege (4) The rule is that unlawful acts of public officials are not acts of the
(a) There is nothing in the Constitution or laws that would prevent State & the officer who acts illegally is not acting as such but stands
the president from waiving the privilege. The President may in the same footing as any other trespasser.
shed the protection afforded by the privilege & submit to the vii) What about cabinet secretaries, can they invoke presidential immunity?
court’s jurisdiction. The choice of whether to exercise the (1) NO. Unless he was acting for an on behalf of the President
privilege or to waive belongs to him.
ii) What kinds of suits are covered under the immunity?
(1) All kinds of suits are covered. Criminal, civil & administrative. CHAPTER 11 – POWERS OF THE PRESIDENT
iii) What is the scope of the immunity?
(1) All kinds of acts of the president during his tenure are covered, 1) THE APPOINTING POWER
regardless of whether it is official or unofficial. a) Provisions in Article VII
(2) the remedy is to first impeach a president before prosecuting him i) Section 14. Appointments extended by an Acting President shall remain
for unofficial illegal acts or wait for the end of his tenure. effective, unless revoked by the elected President, within ninety days
iv) Does a sitting President enjoy immunity from suit for acts committed from his assumption or reassumption of office.
before his term as President? ii) Section 15. Two months immediately before the next presidential
(1) YES. This seems to be the implication. elections & up to the end of his term, a President or Acting President
v) Who can invoke the immunity? shall not make appointments, except temporary appointments to
(1) Only the President himself. This privilege of immunity from suit executive positions when continued vacancies therein will prejudice
pertains to the President by virtue of the office & may be invoked public service or endanger public safety.
only by the holder of the office, not by any other person in the iii) Section 16. The President shall nominate &, with the consent of the
President's behalf. Thus, an accused in a criminal case in which the Commission on Appointments, appoint the heads of the executive
President is complainant cannot raise the presidential privilege as a departments, ambassadors, other public ministers & consuls, or officers
defense to prevent the case from proceeding against such accused. of the armed forces from the rank of colonel or naval captain, & other
vi) Is the President still immune from suit after his tenure? officers whose appointments are vested in him in this Constitution. He
(1) YES, but only for official acts. The President is not immune for shall also appoint all other officers of the Government whose
non-official acts (such as those illegal & criminal acts) appointments are not otherwise provided for by law, & those whom he
(2) After his tenure, the Chief Executive cannot invoke immunity from may be authorized by law to appoint. The Congress may, by law, vest
suit for civil damages arising out of acts done by him while he was
the appointment of other officers lower in rank in the President alone, (2) The power to appoint is the prerogative of the President, except in
in the courts, or in the heads of departments, agencies, commissions, or those instances when the Constitution provides otherwise.
boards. Usurpation of this fundamentally Executive power by the
(1) The President shall have the power to make appointments during Legislative & Judicial branches violates the system of separation of
the recess of the Congress, whether voluntary or compulsory, but powers that inheres in our democratic republican government.
such appointments shall be effective only until disapproved by the (3) The appointing authority of the President, however, should not be
Commission on Appointments or until the next adjournment of the confused with the authority of the legislature to impose additional
Congress. duties on existing offices. Congress may decide, within
b) Nature Of The Power Of Appointment Constitutional limits, who may exercise appointing power.
i) What is “appointment”? iv) Is the appointing authority bound by the restrictions of a statutory next-
(1) It is the selection, by the authority vested with the power, of an in-rank rule?
individual who is to exercise the functions of a given office. It is (1) NO. One who is next in rank is entitled to preferential consideration
distinguished from designation in that the latter simply means the for promotion to the higher vacancy, but it does not necessarily
imposition of additional duties, usually by law, on a person already follow that he & no one else can be appointed. The rule neither
in the public service. guarantees a vested right to the holder nor imposes a ministerial
(2) An "appointment" to a public office is the unequivocal act of duty on the appointing authority to promote such person to the next
designating or selecting by one having the authority therefor of an higher position. The power to appoint is a matter of discretion.
individual to discharge & perform the duties & functions of an v) May the Civil Service Commission disapprove an appointment &
office or trust. require the appointment of another person whom it believes is more
(3) The appointment is deemed complete once the last act required of qualified for the position?
the appointing authority has been complied with & its acceptance (1) NO. The appointing authority is given ample discretion in the
thereafter by the appointee to render it effective. selection & appointment of qualified persons to vacant positions
ii) What is a “commission”? among those who are qualified. It is well established that the
(1) It is the written evidence of the appointment Commission may not substitute its judgment for an executive's
iii) The Power of Appointment is Executive in Nature appointment of a qualified appointee.
(1) Since appointment to office is an executive function, the clear (2) The sole function of the Commission is to attest to the qualification
implication is that the legislature may not usurp such function. The of the appointee.
legislature may create an office & prescribe the qualifications of the (3) BUT — It is a different matter, however, when, after having
person who may hold the office, but it may neither specify who extended an appointment that is immediately accepted, the
shall be appointed to such office nor actually appoint him. The appointing authority withdraws the same & extends it to someone
appointing power is the exclusive prerogative of the President, else. In such a situation the Civil Service is within its authority
upon which, no limitations may be imposed by Congress, except when it orders the reinstatement of the first appointee. The
those resulting from the limited exercise of power to prescribe the withdrawal of an appointment already accepted would be
qualifications to a given appointive office. tantamount to removal & would violate security of tenure.
c) Who Gets To Fill Vacancies In Government Offices? e) Limitations On The Power To Appoint
i) Determined By The Constitution — The Constitution Directly Provides i) The president cannot appoint his spouse & relatives by consanguinity
That The President Is The Appointing Authority or affinity within the fourth civil degree as —
(1) Heads of the executive departments, ambassadors, other public (1) Members of the Constitutional Commissions
ministers & consuls, or officers of the armed forces from the rank (2) Ombudsman
of colonel or naval captain, & other officers whose appointments (3) Secretaries, Undersecretaries, chairmen or heads of bureaus or
are vested in the President by the Constitution offices, including government-owned or -controlled corporations
(2) All other officers of the Government whose appointments are not (Art. 7, Sec. 13)
otherwise provided for by law ii) Appointments extended by an acting president shall remain effective
(a) Thus, when a law creating an office is silent as to who should unless revoked by the elected president within ninety days from his
appoint the corresponding officer, the President is the assumption of office (art. 7, sec. 14)
appointing authority iii) The president must observe the appointments ban (art. 7, sec. 15)
(b) In these cases, the President's power to appoint is a self- (1) The President cannot make appointments within two months
executing power vested by the Constitution itself & thus not immediately before the next presidential elections & up to the end
subject to legislative limitations or conditions, other than those of his term
imposed by the Constitution itself (2) Does the election ban cover appointments in the judiciary?
ii) Determined By Law — The Constitution Delegates To The Congress (a) YES. The President cannot appoint members of the judiciary
The Choice Of Who Is The Appointing Authority even during the appointments ban.
(1) Officers “lower in rank” than enumerated in the Constitution (3) EXCEPT - Appointments to the following are NOT covered by the
(2) The Congress may, by law, vest the appointment of other officers appointments ban —
lower in rank in the— (a) Temporary appointments to executive positions when
(a) President alone continued vacancies therein will prejudice public service or
(b) Courts, or endanger public safety
(c) Heads of departments, agencies, commissions, or boards (b) Vacancies in the SC
d) Presidential Power Of Appointment iv) Some appointments need the confirmation of the commission on
i) rule — the president is authorized to appoint — appointments (art. 7, sec. 16)
(1) Heads of the executive departments, ambassadors, other public (1) Heads of the executive departments
ministers & consuls, or officers of the armed forces from the rank (2) Ambassadors
of colonel or naval captain, & other officers whose appointments (3) Ether public ministers & consuls, or officers of the armed forces
are vested in him in this Constitution from the rank of colonel or naval captain, &
(2) All other officers of the Government whose appointments are not (4) Other officers whose appointments are vested in him in this
otherwise provided for by law Constitution
(3) Those whom he may be authorized by law to appoint (a) Sectoral representatives (Art. 6, Sec. 5)

(b) Members of the Constitutional Commissions (Art. 9, B, Sec. Appointments (if required_ & once approved, continues until the
1[2]; C, Sec. 1[2]; D, Sec. 1[2]) end of the term of the appointee.
(c) Ombudsman & his deputies (Art. 9, Sec. 9) (2) Ad-interim — one made by the President while Congress is not in
(5) The enumeration means that Congress may not give to any other session (in recess, where the Commission on Appointments does
officer the power to appoint the above enumerated officers. This not meet). It takes effect immediately but ceases to be valid if
list is EXCLUSIVE. Congress CANNOT make it a condition in a disapproved by the Commission on Appointments or until the next
law that a presidential appointment should be confirmed by the adjournment of the Congress. In the latter case, the appointment is
Commission on Appointments even if it falls under those offices deemed “bypassed” through inaction. The ad-interim appointment
under the Constitution which requires no such confirmation. To do is intended to prevent interruptions in vital government services
so would be, in effect, a constitutional amendment that would otherwise result from prolonged vacancies in
v) Appointments in the judiciary must first pass through the judicial & bar government offices including the three constitutional commissions.
council (art. 8, sec. 9)
vi) In the proper cases, the president must observe the requirements iii) Appointments by acting presidents
established by law (1) These are considered valid & effective unless revoked by the
(1) The presidential power of appointment may also be limited by elected President, within ninety days from his assumption or
Congress through its power to prescribe qualifications for public reassumption of office.
office; & the judiciary may annul an appointment made by the g) Steps in the appointing process
President if the appointee is not qualified or has not been validly i) Nomination by the President
confirmed ii) Acceptance of the Nomination by the appointee
f) Kinds Of Presidential Appointments iii) Confirmation by the Commission on Appointments (if required)
i) Permanent or temporary iv) Issuance of the Commission
(1) Permanent — those extended to persons possessing the requisite
eligibility & are thus protracted by the constitutional guarantee of 2) THE REMOVAL POWER
security of tenure a) The power to discipline remove is inherent in the power to appoint
(2) Temporary — given to persons without such eligibility, revocable i) The power of removal may be implied from the power of appointment.
at will & without necessary of just cause or valid investigation, ii) The power of control is NOT the source of the Executive's disciplinary
made on the understanding that the appointing power has not yet power over the person of his subordinates. Rather, his disciplinary
decided on a permanent appointee & that the temporary appointee power flows from his power to appoint
may be replaced at any time a permanence choice is made. b) Limitations —
(a) As such, they are not subject to confirmation by the i) When the constitution prescribes the means to remove an appointed
Commission on Appointments official
ii) Regular or ad-interim
(1) Regular — Made by the President while Congress is in session. It
takes effect only after confirmation of the Commission on
(1) The President cannot remove officials appointed by him where the (1) Members of the career service of the Civil Service who are
Constitution prescribes certain methods for separation of such appointed by the President may be directly disciplined by him,
officers from public service provided that the same is for cause & in accordance with the
(a) Chairmen & Commissioners of the Constitutional procedure prescribed by law.
Commissions — can only be removed by impeachment (2) Members of the Cabinet & such officers whose continuity in office
(b) Judges & Justices of lower courts — subject to the disciplinary depends upon the pleasure of the President may be replaced at any
authority of the SC time, but legally speaking, their separation is affected not by
ii) The disciplinary power of the president is subject to the causes provided removal but by expiration of their term
for by law
(1) This inherent disciplinary power has been made subject to 3) THE CONTROL POWER
limitation by the legislature through the tatter's power to provide a) Article VII Constitution
for a civil service system one of whose main features is security of i) Section 17. The President shall have control of all the executive
tenure: "No officer or employee in the Civil Service shall be departments, bureaus, & offices. He shall ensure that the laws be
suspended or dismissed except for cause as provided by law. (Art. faithfully executed.
9(B), Sec. 2[3])
(2) While the President has control over the judgment or discretion of b) Article 10 — Local Government
his subordinates, when it comes to disposition & movement of their i) Section 4. The President of the Philippines shall exercise general
“persons”, the President must obey legislative prescriptions on the supervision over local governments. XXXX
subject ii) Section 16. The President shall exercise general supervision over
(3) What is the extent of the President's disciplinary authority over autonomous regions to ensure that laws are faithfully executed.
presidential appointees who belong to the career service? c) Power Of Executive Control
(a) This power is limited. Specifically, Section 36 of P.D. No. 807, i) The president shall have control of all the executive departments,
as amended, otherwise known as Civil Service Decree of the bureaus, & offices
Philippines, is emphatic that career service officers & (1) This means that the President is authorized & empowered to —
employees who enjoy security of tenure may be removed only (a) Nullity or modify acts of subordinates
for any of the causes enumerated in said law. In other words, (b) Act through agents & department heads, their acts are deemed
the fact that petitioner is a presidential appointee does not give acts of the President
the appointing authority the license to remove him at will or at (c) Re-organize all executive departments, bureaus, & offices
his pleasure for it is an admitted fact that he is likewise a career (d) Determine matters of policy in the executive department
service officer who under the law is the recipient of tenurial (2) This power of control couched in general terms for it does not set
protection, thus, may only be removed for cause & in in specific manner its extent & scope.
accordance with procedural due process." ii) Are government-owned or controlled corporations covered under the
iii) The president must observe due process & the properly prescribed power of control?
administrative procedures
(1) YES. They partake of the nature of government bureaus or offices. similar blow to the Judicial branch by enacting a law putting
d) Limitations On the Power Of Control decisions of certain lower courts beyond the review power of the
i) President must observe the limits imposed by the Constitution & Laws SC.
(Faithful Execution Clause) ii) Power to nullity or modify acts of all officers in the executive branch
ii) President cannot interfere with decisions of quasi-judicial bodies, even (1) The power of control is the power of an officer to alter or modify
if they are executive agencies or nullify or set aside what a subordinate officer had done in the
iii) President merely has power of general supervision of local government performance of his duties & to substitute the judgment of the former
units for that of the latter.
e) Aspects Of the Presidential Power Of Executive Control (2) It is such power which has been given to the President over all
i) Power over the acts & decisions of all officers in the executive branch executive officers, from Cabinet members to the lowliest clerk.
(1) The President's power of control applies to the acts or decisions of This is an element of the presidential system where the President is
all officers in the Executive branch. This is true whether such "the Executive of the Government of the Philippines, & no other.
officers are appointed by the President or by heads of departments, The heads of the executive departments occupy political positions
agencies, commissions, or boards. The power of control means the & hold office in an advisory capacity
power to revise or reverse the acts or decisions of a subordinate (3) The President's power of control means his power to reverse the
office involving the exercise of discretion judgment of an inferior officer. It may also be exercised in his
(2) The presidential power of control over the Executive branch of behalf by Department Heads. Thus the Secretary of Justice may
government extends to all executive employees from the reverse the judgment of a prosecutor & direct him to withdraw an
Department Secretary to the lowliest clerk. This constitutional information already filed. Such action is not directly reviewable by
power of the President is self-executing & does not require any a court. One who disagrees, however, should appeal to the Office
implementing law. Congress cannot limit or curtail the President's of the President to exhaust administrative remedies prior to
power of control over the Executive branch. bringing it to court.
(3) President vested with executive power exercising control over the iii) Power to delegate or act through agents (Doctrine Of Qualified Political
entire Executive branch. Any office in the Executive branch that is Agency)
not under the control of the President is a lost command whose (1) The doctrine, recognizing that the Constitution has established a
existence is without any legal or constitutional basis. single & not a plural executive, postulates that "all executive &
(4) The Legislature cannot validly enact a law that puts a government administrative organizations are adjuncts of the Executive
office in the Executive branch outside the control of the President Department, the heads of the various executive departments are
in the guise of insulating that office from politics or making it assistants & agents of the Chief Executive, &, except in cases where
independent. If the office is part of the Executive branch, it must the Chief Executive is required by the Constitution or law to act in
remain subject to the control of the President. Otherwise, the person or the exigencies of the situation demand that he act
Legislature can deprive the President of his constitutional power of personally, the multifarious executive & administrative functions
control over "all the executive offices." If the Legislature can do of the Chief Executive are performed by & through the executive
this with the Executive branch, then the Legislature can also deal a departments, & the acts of the secretaries of such departments,
performed & promulgated in the regular course of business, are, (1) The President’s power to compel faithful execution is not limited
unless disapproved or reprobated by the Chief Executive to laws buy also includes the rights & obligations growing out of
presumptively the acts of the Chief Executive. the Constitution itself, our international relations, & all the
iv) Power To Reorganize Executive Departments, Bureaus, & Offices protection implied by the nature of government under the
(1) The express grant of the power of control to the President justifies Constitution.
an executive action to carry out the reorganization of an executive vi) The faithful execution clause gives the President the following powers
office under a broad authority of law. & duties
(2) Reorganization can involve the reduction of personnel, (1) Power Of General Supervision Over LGU’s & Autonomous
consolidation of offices, or even abolition of positions by reason of Regions
economy or redundancy of functions. While the power to abolish (a) It is the power of a superior officer to "ensure that the laws are
an office is generally lodged with the legislature, the authority of faithfully executed" by inferiors.
the President to reorganize the executive branch, which may (b) The power of supervision does not include the power of
include such abolition, is permissible under present laws. control; but the power of control necessarily includes the power
v) Power To Determine Matters Of Policy In The Executive Department of supervision.
(1) The term "policy" means a settled or definite course or method (c) Such as — the power of the President over local governments
adopted & followed by a government, body, or individual is only one of general supervision.
f) Power Of Control Vs Power To Discipline Or Remove (2) Power To Prosecute Crimes
i) While the power of control pertains to the power over “acts or (a) The prosecution of crimes appertains to the executive
decisions” or officers in the executive department. Power to discipline department of government whose principal power &
or remove pertains to the power over the “person” of the officers responsibility is to see that our laws are faithfully executed. A
themselves. necessary component of this power to execute our laws is the
right to prosecute their violators. The right to prosecute vests
4) THE “TAKE-CARE” CLAUSE the prosecutor with a wide range of discretion — the discretion
a) Power & Obligation To Ensure Faithful Execution Of Laws of whether, what & whom to charge, the exercise of which
i) The president must ensure that the laws be faithfully executed depends on a smorgasbord of factors which are best
ii) Known as the “Faithful Execution Clause” appreciated by prosecutors.
iii) The duty to faithfully execute the laws of the land is inherent in (3) Power To Enter Into Executive Agreements With Foreign States
executive power & is intimately related to the other executive functions.
iv) This is the essence of executive power which is the power to enforce & 5) THE MILITARY POWER
administer the laws. a) COMMAND OF THE ARMED FORCES
v) This means that the President can do whatever is needed to ensure that i) Head Of All The Armed Forces Of The Philippines
laws & treaties are followed (1) The weight of authority favors the position that the President is
NOT a member of the armed forces but remains a civilian. The

President’s duties as commander-in-chief represent only a part of (b) a President can claim emergency powers only when these are
the organic duties imposed upon him. All his other functions are granted to her by Congress under Art. 6, Sec. 23.
clearly civil in nature. He is elected as the highest civilian officer. (4) Is this power subject to judicial review?
This is in harmony with the principle that “civilian authority is, at (a) YES. The court’s may look into —
all times, supreme over the military.” (i) The factual basis to see compliance with the requirements
(2) The President holds supreme military authority & is the ceremonial, imposed by the Constitution; &
legal & administrative head of the armed forces. (ii) Whether or not the power has been exercised in a manner
(3) The President has the power to direct military operations & to constituting grave abuse of discretion (arbitrary, whimsical
determine military strategy. or capricious manner) amounting to lack or excess of
(4) The President has the control & direction of the conduct of war, jurisdiction
whether the war be declared or undeclared. (5) Can the President declare a “state of rebellion” or “state of national
(5) Since the President is commander-in-chief of the Armed Forces she emergency” is this valid? What are its effects?
can demand obedience from military officers. (a) YES. But it does not give the President additional powers
(6) Military officers who disobey or ignore her command can be
subjected to court martial proceeding b) HABEAS CORPUS
ii) Calling-Out Power i) Power To Suspend the Privilege Of The Writ Of Habeas Corpus
(1) The President may call out the armed forces whenever it becomes (1) The President may, for a period not exceeding 60 days, suspend the
necessary to prevent or suppress either — privilege of the writ of habeas corpus if the following requisites are
(a) Lawless violence (This is to be determined by the President as present
a matter of policy based on the facts of each case (a) Invasion or Rebellion
(b) Invasion (i) The existence of a rebellion need not be widespread or
(c) Rebellion attain the magnitude of a civil war. This is apparent from
(2) Under the calling-out power, the President may summon the armed the very provision of the Revised Penal Code defining the
forces to aid her in suppressing lawless violence, invasion, or crime of rebellion, which may be limited in its scope to
rebellion; this involves ordinary police action. But every act that "any part" of the Philippines.
goes beyond the President’s calling-out power is considered illegal (b) When the public safety requires it
or ultra vires. For this reason, a President must be careful in the (i) This is to be determined by the President as a matter of
exercise of her powers. She cannot invoke a greater power when policy based on the facts of each case
she wishes to act under a lesser power. ii) What is the writ of habeas corpus?
(3) When the President exercises the option to call on the armed forces (1) It is a writ directed to the person detaining another, commanding
does he thereby acquire additional or emergency powers? him to produce the body of the prisoner at a designated time &
(a) NO. It simply means that he is calling on the Armed Forces to place, with the day & cause of his caption & detention, to do, submit
assist the police. But this does not give her additional powers.

to, & receive whatever the court or judge awarding the writ shall (c) Authorize the conferment of jurisdiction on military courts &
consider in that behalf. agencies over civilians where civil courts are able to function
iii) What is the “privilege” of the writ of habeas corpus? (d) Automatically suspend the privilege of the writ of habeas
(1) It is the right to have an immediate determination of the legality of corpus
the deprivation of physical liberty. ii) What is martial law?
(2) The writ is never suspended. It always issues as a matter of course. (1) Martial law is essentially police power. This is borne out by the
What is suspended is the privilege of the writ. When such constitutional text which sets down "public safety" as the object of
suspension occurs, once the officer making the return shows to the the exercise of martial law. Public safety is the concern of police
court that the person detained is being detained for an offense power. What is peculiar, however, about martial law as police
covered by the suspension, the court may not enquire any further. power is that, whereas police power is normally a function of the
iv) Does the suspension of the privilege of the writ of habeas corpus apply legislature executed by the civilian executive arm, under martial
to all persons? law, police power is exercised by the executive with the aid of the
(1) NO. The suspension of the privilege of the writ only applies to military & in place of certain governmental agencies which for the
persons judicially charged for rebellion or offenses inherent in or time being are unable to cope with existing conditions in a locality
directly connected with invasion. which remains subject to the sovereignty.
v) What is the duty of the State after arrests & detention based on the (2) It authorizes the military to act vigorously for the maintenance of
suspension of the privilege? an orderly civil government.
(1) During the suspension of the privilege of the writ of habeas corpus, (3) The exercise of the power which resides in the executive branch of
any person thus arrested or detained shall be judicially charged the government to preserve order & insure the public safety in times
within 3 days, otherwise he shall be released. of emergency, when other branches of the government are unable
to function, or their functioning would itself threaten the public
c) MARTIAL LAW safety.
i) Power To Declare Martial Law (4) It is the law of necessity to be prescribed & administered by the
(1) The President may, for a period not exceeding 60 days, place the executive power. Its object, the preservation of the public safety &
Philippines or any part thereof under martial law if the following good order, defines the scope, which will vary with the
requisites are present — circumstances & necessities of the case. The exercise of the power
(a) Invasion or rebellion, & may not extend beyond what is required by the exigency which
(b) When the public safety requires it calls it forth.
(2) A state of martial law does NOT — iii) What are the effects of martial law?
(a) Suspend the operation of the Constitution (1) It depends on the facts & circumstances of each case — with public
(b) Supplant the functioning of the civil courts or legislative necessity & safety as the primary consideration.
assemblies (2) What emerges from the observations on martial law as police power
as well as from the text of the Constitution is that martial law is a
flexible concept. Necessity creates the conditions for martial law &
at the same time limits the scope of martial law. Certainly, the (i) Within 48 hours from the proclamation of martial law or
necessities created by a state of invasion would be different from the suspension of the privilege of the writ of habeas corpus,
those created by rebellion. Necessarily, therefore, the degree & the President shall submit a report in person or in writing
kind of vigorous executive action needed to meet the varying kinds to the Congress.
& degrees of emergency could not be identical under all conditions. (ii) The Congress, if not in session, shall, within 24 hours
iv) The power to organize courts martial for the discipline of the members following such proclamation or suspension, convene in
of the armed forces, create military commissions for the punishment of accordance with its rules without need of a call.
war criminals (iii) The Congress, voting jointly, by a vote of at least a
(1) Courts martial are agencies of executive character, & one of the majority of all its Members in regular or special session,
authorities "for the ordering of courts martial has been held to be may revoke such proclamation or suspension, which
attached to the constitutional functions of the President as revocation shall not be set aside by the President.
Commander in Chief, independently of legislation. 1. The Senate & the House of Representatives vote
(2) Not belonging to the judicial branch of the government, it follows "jointly." This is a departure from the general rule that
that courts-martial must pertain to the executive department; & they the two Houses vote separately when deciding an
are in fact simply instrumentalities of the executive power, issue. The purpose of the departure from the general
provided by Congress for the President as Commander in Chief, to rule is to facilitate the override of the suspension or the
aid him in properly commanding the army & navy & enforcing imposition.
discipline therein, & utilized under his orders or those of his (iv) Upon the initiative of the President, the Congress may, in
authorized military representatives. the same manner, extend such proclamation or suspension
for a period to be determined by the Congress, if the
d) LIMITATIONS ON THE MILITARY POWERS invasion or rebellion shall persist & public safety requires
i) Limitations On The Power To Suspend Of The Privilege Of Habeas it.
Corpus & On Martial Law
(1) These are the “limitations” prescribed by the Constitution on the 6) THE PARDONING POWER
declaration of martial law or suspension of the privilege of the writ a) DEFINITIONS
of habeas corpus. It serves as a check on this broad power of the i) After conviction by final judgment, the president may grant —
President (1) Reprieves — postpone the execution of an offense to a day certain
(a) Grounds — invasion or rebellion, when public safety requires (such as the death penalty).
it (2) Commutations — a remission of a part of the punishment or a
(b) Time limit — 60 days from declaration substitution of a less penalty for the one originally imposed. The
(c) Legislative review — review & possible revocation by commutation of the original sentence for another of a different
congress length & nature shall have the legal effect of substituting the latter
in the place of the former.

(3) Pardons — an act of grace, proceeding from the power entrusted (4) It cannot restore public offices forfeited
with the execution of the laws, which exempts the individual on
whom it is bestowed from the punishment the law inflicts for a c) KINDS OF PARDON
crime he has committed. i) Absolute or Conditional
(4) Remit fines & forfeitures — prevents the collection of fines or the (1) Absolute – no strings attached
confiscation of forfeited property. But it cannot have the effect of (a) Convict has no option but to accept
returning property which has been vested in third parties or money (2) Conditional – convict is required to comply with certain conditions
in the public treasury. (a) Convict has right to reject if he feels that the condition imposed
(5) Amnesty is more onerous
(a) This requires the concurrence of a majority of all the Members (b) Condition of the pardon shall be co-extensive with the penalty
of the Congress. remitted
(b) It may be granted even if there is no conviction by final ii) Plenary or partial
judgment (1) Plenary – extinguishes all the penalties imposed
(2) Partial – some penalties still imposed
b) LIMITATIONS
i) limitations on the pardoning power of the President d) EFFECTS OF PARDON
(1) It cannot be granted in the following cases — i) Does a pardon also restore the convict’s civil & political rights (which
(a) In cases of impeachment (The power to impeach those are wiped by the accessory penalties)
impeachable officials is vested in Congress) (1) Generally, a pardon shall not work the restoration of the right to
(b) As otherwise provided in the Constitution hold public office, or the right of suffrage
(i) Art. 9C — “Section 5. No pardon, amnesty, parole, or (2) EXCEPT— when such rights be expressly restored by the terms of
suspension of sentence for violation of election laws, rules, the pardon. (Art. 36, RPC)
& regulations shall be granted by the President without the ii) Does a pardon extinguish the civil liability arising because of the crime?
favorable recommendation of the Commission.” This (1) NO. A pardon shall in no case exempt the culprit from the payment
operates as a constitutional limitation on the power of of the civil indemnity imposed upon him by the sentence.
executive clemency iii) Does the pardon wipe away the fact of the commission of the crime? (in
(c) In cases of legislative contempt (as it would violate separation other words, does it amount to an acquittal?)
of powers), or civil contempt (as the State is without interest in (1) NO. Pardon implies guilt. It does not erase the fact of the
the same) commission of the crime & the conviction thereof. It does not wash
(2) A pardon can be extended only to one whose conviction is final, out the moral stain. It involves forgiveness & not forgetfulness.
pardon has no effect until the person withdraws his appeal & iv) May a pardon be with imposed conditions?
thereby allows his conviction to be final.
(3) It cannot absolve the convict of civil liability

(1) YES. The President has the prerogative to impose conditions on the (b) Conditional Pardon — has no force until accepted by the
pardon, the violation of which results in the revocation of the condemned. The condition may be less acceptable to him than
pardon. the original punishment & may in fact be more onerous.
(2) Any person who has been granted conditional pardon shall incur viii) Is a pardoned former public officer entitled to reinstatement to her
the obligation of complying strictly with the conditions imposed former position even without a new appointment
therein otherwise, his non-compliance with any of the conditions (1) NO. While a pardon removes all penalties & legal disabilities, it
specified shall result in the revocation of the pardon. (Art. 95, RPC) does not restore legal office already forfeited. Since, however, her
v) What is the consequence if the pardoned convict violates the conditions disqualification has been removed, it qualifies her to apply for a
of his pardon? new appointment.
(1) The pardon is revoked & a new sentence is imposed on him. It is ix) May the president extend executive clemency for administrative
considered as “other cases of evasion of service of sentence” under penalties?
Art. 159 of the RPC. (1) YES. The Constitution makes no distinction about the extent of the
(2) The pardoned convict who violates any conditions of the pardon pardoning power except with respect to Impeachment
shall serve — x) Is the grant of an executive pardon subject to judicial review?
(a) The penalty of prision correccional in its minimum period — (1) NO. (but remember the power of Courts to ascertain)
if the penalty remitted by the granting of such pardon is 6 years (2) Pardon is discretionary. It may not be controlled by the legislature
or less or reversed by the courts unless there is a constitutional violation.
(b) The unexpired portion of his original sentence — if the penalty Thus, it was a legal malapropism for the trial court to interject par.
remitted by the granting of such pardon is more than 6 years 2, Art. 135, Revised Penal Code, recommending the grant of pardon
(Art. 159, RPC) after the convict shall have served a jail term of 5 years, considering
vi) Where conditional pardon has been granted, who determines whether that this was a prosecution under a special law, & that the matter of
the condition has been violated? a pardon is within the President’s exclusive prerogative.
(1) The President, & the President alone, NOT the courts. The convict's
acceptance of the conditional pardon carries with it acceptance of e) DISTINCTIONS
the President's authority. If a condition of the pardon provides that i) Pardon as distinguished from parole
the accused must not commit a violation of any penal law, it is the (1) Parole involves only a release of the convict from imprisonment but
President who has the sole discretion to determine whether there is not restoration of liberty
such violation. There is no need for judicial determination or
conviction. f) AMNESTY
vii) Should a pardon be accepted by the convict? i) The president has the power to grant amnesty with the concurrence of a
(1) it depends — majority of all the members of the congress
(a) Absolute Pardon — complete even without acceptance ii) What is “amnesty”?

(1) It is an act of grace, concurred in by the legislature, usually criminal prosecution & sometimes
extended to groups of persons who committed political offenses, after conviction
which puts into oblivion the offense itself. Looks forward & relieves the offender Looks backward & abolishes & puts
(2) Amnesty commonly denotes the 'general pardon to rebels for their from the consequences of an offense of into oblivion the offense itself, it so
treason & other high political offenses or the forgiveness which one which he has been convicted, that is, it overlooks & obliterates the offense
sovereign grants to the subjects of another, who have offended by abolishes or forgives the punishment, with which is charged that the person
some breach of the law of nations. & for that reason it does not work released by amnesty stands before the
(3) Amnesty is a form of absolutory cause akin to a justifying restoration of the rights to hold public law precisely as though he had
circumstance. One a person has been given the benefit of an office, or the right of suffrage, unless committed no offense
amnesty, there is no more crime, thus, no criminal. It looks such rights be expressly restored by
backward & abolishes & puts into oblivion the offense itself, it so the terms of the
overlooks & obliterates the offense with which is charged that the pardon," & it "in no case exempts the
person released by amnesty stands before the law precisely as culprit from the payment of the civil
though he had committed no offense. indemnity imposed upon him by the
iii) What is a “tax amnesty? sentence"
(1) It is a general pardon or intentional overlooking of its authority to
impose penalties on persons otherwise guilty of evasion or violation
of revenue or tax law, & as such partakes of an absolute forgiveness 7) THE BORROWING POWER
or waiver by the Government of its right to collect what otherwise a) Article 7
would be due it. i) Section 20. The President may contract or guarantee foreign loans on
behalf of the Republic of the Philippines with the prior concurrence of
PARDON AMNESTY the Monetary Board, & subject to such limitations as may be provided
Granted solely by the President Granted by the President but requires by law. The Monetary Board shall, within thirty days from the end of
the concurrence of a majority of all the every quarter of the calendar year, submit to the Congress a complete
Members of the Congress report of its decision on applications for loans to be contracted or
Private act which must be pleaded & Public act of which the courts should guaranteed by the Government or government-owned & controlled
proved by the person pardoned take judicial notice corporations which would have the effect of increasing the foreign debt,
Granted only to those convicted by Granted to classes of persons or & containing other matters as may be provided by law.
final judgment for all kinds of offenses communities who may be guilty of ii) Section 21. No treaty or international agreement shall be valid &
political offense (but has been effective unless concurred in by at least two-thirds of all the Members
recognized in tax cases), generally of the Senate.
before or after the institution of the b) Power To Contract Of Guarantee Foreign Loans

i) The president may contract or guarantee foreign loans on behalf of the (a) Treaties & international agreements — senate concurrence is
Philippines required
c) Limitations — (i) These are agreements that are permanent & original. Such
i) There must be prior concurrence of the monetary board agreements should be embodied in a treaty & need Senate
(1) This is because the Monetary Board has expertise & consistency to concurrence.
perform the mandate which may be absent among the Members of (ii) The fruit of the executive's negotiation does not become
Congress. binding & treaty without the concurrence of at least 2/3 of
ii) It is subject to such limitations as may be provided by law all the Members of the Senate
(1) To allow Congress to act on whatever legislation may be needed to (iii) The President’s power to act as its representative in the
protect public interest, the Monetary Board is required to submit to international sphere inheres in the person of the President.
Congress a complete report of its decision on applications for loans This power, however, does not crystallize into absolute
to be contracted or guaranteed by the Government or government- discretion to craft whatever instrument the Chief Executive
owned & controlled corporations which would have the effect of so desires. The Senate has a role in ensuring that treaties
increasing the foreign debt & containing other matters as may be or international agreements the President enters, obtain the
provided by law. approval of two-thirds of its members.
(2) This is to be done by the Monetary Board within 30 days from the (iv) A treaty without Senate concurrence is invalid &
end of every quarter of the calendar year ineffective.
(v) Usually, treaties are signed by cabinet members (such as
8) THE DIPLOMATIC POWER the DFA secretary), it is then “ratified” by the President &
a) Aspects Of Foreign Relations Power Of The President subsequently his ratification is submitted to Senate for
i) Power to contract & guarantee foreign loans on behalf of the Republic “concurrence”.
ii) Power to negotiate treaties & international agreements (vi) May the President be compelled to submit a treaty to the
iii) Power to deport aliens Senate for concurrence?
iv) Power to appoint ambassadors & other public ministers, & consuls 1. NO. The decision to enter a treaty is a prerogative
v) Power to receive ambassadors & other public ministers accredited to solely of the President. Unless the President submits a
the Philippines treaty to the Senate, there is nothing for them to concur
b) President is the sole organ of the nation in its external relations, & its sole in
representative with foreign relations 2. It cannot be compelled by mandamus
c) Power to negotiate treaties & international agreements (b) Executive agreements — senate concurrence is not required
i) In the negotiation phase of treaty-making, the executive may (i) These are international agreements which are merely
completely exclude Congress. temporary or implementations of treaties or laws, thus,
(1) The President may enter into the following agreements with foreign concurrence of 2/3 members of the Senate is NOT required
states — for its validity & effectivity.

(ii) A treaty is not the only form that an international a) Article 7 of the constitution
agreement may assume. For the grant of the treaty-making i) Section 23. The President shall address the Congress at the opening of
power to the Executive & the Senate does not exhaust the its regular session. He may also appear before it at any other time.
power of the government over international relations.
Consequently, executive agreements may be entered with 11) OTHER POWERS
other states & are effective even without the concurrence a) Power to call Congress to a special session (Art. 6, Sec. 15)
of the Senate. b) Power to approve or veto legislative bills (Art. 6, Sec. 27)
(iii) While treaties are required to be ratified by the Senate c) Power to consent to deputation of government personnel by the Commission
under the Constitution, less formal types of international on Elections & to discipline such deputies (Art. 9C, Sec. 2)
agreements may be entered into by the Chief Executive & d) By delegation from Congress, emergency powers & tariff powers (Art. 6,
become binding without the concurrence of the legislative Sec. 23[2] & 28[2])
body. e) General supervision over local governments & autonomous regional
(iv) From the point of view of the international law, there is no governments (Art. 10)
difference between treaties & executive agreements in f) Residual Powers
their binding effect upon states concerned if the ARTICLE VIII - Judicial Department
negotiating functionaries have remained within their
powers. SECTION 1. The judicial power shall be vested in one Supreme Court & in
(v) Executive Agreements fall into two classes — such lower courts as may be established by law.
1. Presidential Agreements — agreements made purely
as executive acts affecting external relations & Judicial power includes the duty of the courts of justice to settle actual
independent of or without legislative authorization controversies involving rights which are legally demandable & enforceable,
2. Congressional-Executive Agreements — agreements & to determine whether or not there has been a grave abuse of discretion
entered in pursuance to acts of Congress amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.
9) THE BUDGETARY POWER
a) Article 7 of the constitution SECTION 2. The Congress shall have the power to define, prescribe, &
i) Section 22. The President shall submit to the Congress, within thirty apportion the jurisdiction of various courts but may not deprive the Supreme
days from the opening of every regular session as the basis of the Court of its jurisdiction over cases enumerated in Section 5 hereof.
general appropriations bill, a budget of expenditures & sources of
financing, including receipts from existing & proposed revenue No law shall be passed reorganizing the Judiciary when it undermines the
measures security of tenure of its Members.
10) THE INFORMING POWER

SECTION 3. The Judiciary shall enjoy fiscal autonomy. Appropriations for the (2) Review, revise, reverse, modify, or affirm on appeal or certiorari,
Judiciary may not be reduced by the legislature below the amount as the law or the Rules of Court may provide, final judgments & orders of
appropriated for the previous year &, after approval, shall be automatically & lower courts in:
regularly released.
(a) All cases in which the constitutionality or validity of any
SECTION 4. (1) The Supreme Court shall be composed of a Chief Justice & treaty, international or executive agreement, law, presidential decree,
fourteen Associate Justices. It may sit en banc or in its discretion, in divisions proclamation, order, instruction, ordinance, or regulation is in
of three, five, or seven Members. Any vacancy shall be filled within ninety question.
days from the occurrence thereof.
(b) All cases involving the legality of any tax, impost,
(2) All cases involving the constitutionality of a treaty, international or assessment, or toll, or any penalty imposed in relation thereto.
executive agreement, or law, which shall be heard by the Supreme Court en
banc, & all other cases which under the Rules of Court are required to be (c) All cases in which the jurisdiction of any lower court is in
heard en banc, including those involving the constitutionality, application, or issue.
operation of presidential decrees, proclamations, orders, instructions,
ordinances, & other regulations, shall be decided with the concurrence of a (d) All criminal cases in which the penalty imposed is
majority of the Members who actually took part in the deliberations on the reclusion perpetua or higher.
issues in the case & voted thereon.
(e) All cases in which only an error or question of law is
(3) Cases or matters heard by a division shall be decided or resolved involved.
with the concurrence of a majority of the Members who actually took part in
the deliberations on the issues in the case & voted thereon, & in no case, (3) Assign temporarily judges of lower courts to other stations as
without the concurrence of at least three of such Members. When the public interest may require. Such temporary assignment shall not exceed six
required number is not obtained, the case shall be decided en banc: months without the consent of the judge concerned.
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 (4) Order a change of venue or place of trial to avoid a miscarriage
by the court sitting en banc. of justice.
SECTION 5. The Supreme Court shall have the following powers: (5) Promulgate rules concerning the protection & enforcement of
constitutional rights, pleading, practice, & procedure in all courts, the
(1) Exercise original jurisdiction over cases affecting ambassadors, admission to the practice of law, the Integrated Bar, & legal assistance to the
other public ministers & consuls, & over petitions for certiorari, prohibition, underprivileged. Such rules shall provide a simplified & inexpensive
mandamus, quo warranto, & habeas corpus. procedure for the speedy disposition of cases, shall be uniform for all courts
of the same grade, & shall not diminish, increase, or modify substantive
rights. Rules of procedure of special courts & quasi-judicial bodies shall the retired Justice for two years, & the representative of the private sector for
remain effective unless disapproved by the Supreme Court. one year.
(6) Appoint all officials & employees of the Judiciary in accordance (3) The Clerk of the Supreme Court shall be the Secretary ex officio
with the Civil Service Law. of the Council & shall keep a record of its proceedings.
SECTION 6. The Supreme Court shall have administrative supervision over (4) The regular Members of the Council shall receive such
all courts & the personnel thereof. emoluments as may be determined by the Supreme Court. The Supreme
Court shall provide in its annual budget the appropriations for the Council.
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 (5) The Council shall have the principal function of recommending
Philippines. A Member of the Supreme Court must be at least forty years of appointees to the Judiciary. It may exercise such other functions & duties as
age, & must have been for fifteen years or more a judge of a lower court or the Supreme Court may assign to it.
engaged in the practice of law in the Philippines.
SECTION 9. The Members of the Supreme Court & judges of lower courts
(2) The Congress shall prescribe the qualifications of judges of lower shall be appointed by the President from a list of at least three nominees
courts, but no person may be appointed judge thereof unless he is a citizen prepared by the Judicial & Bar Council for every vacancy. Such appointments
of the Philippines & a member of the Philippine Bar. need no confirmation.
(3) A Member of the Judiciary must be a person of proven For the lower courts, the President shall issue the appointments within ninety
competence, integrity, probity, & independence. days from the submission of the list.
SECTION 8. (1) A Judicial & Bar Council is hereby created under the SECTION 10. The salary of the Chief Justice & of the Associate Justices of
supervision of the Supreme Court composed of the Chief Justice as ex officio the Supreme Court, & of judges of lower courts shall be fixed by law. During
Chairman, the Secretary of Justice, & a representative of the Congress as ex their continuance in office, their salary shall not be decreased.
officio Members, a representative of the Integrated Bar, a professor of law, a
retired Member of the Supreme Court, & a representative of the private SECTION 11. The Members of the Supreme Court & judges of lower courts
sector. shall hold office during good behavior until they reached the age of seventy
years or become incapacitated to discharge the duties of their office. The
(2) The regular Members of the Council shall be appointed by the Supreme Court en banc shall have the power to discipline judges of lower
President for a term of four years with the consent of the Commission on courts, or order their dismissal by a vote of a majority of the Members who
Appointments. Of the Members first appointed, the representative of the actually took part in the deliberations on the issues in the case & voted
Integrated Bar shall serve for four years, the professor of law for three years, thereon.

SECTION 12. The Members of the Supreme Court & of other courts
established by law shall not be designated to any agency performing quasi- (4) Despite the expiration of the applicable mandatory period, the
judicial or administrative functions. court, without prejudice to such responsibility as may have been incurred in
consequence thereof, shall decide or resolve the case or matter submitted
SECTION 13. The conclusions of the Supreme Court in any case submitted thereto for determination, without further delay.
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. SECTION 16. The Supreme Court shall, within thirty days from the opening
A certification to this effect signed by the Chief Justice shall be issued & a of each regular session of the Congress, submit to the President & the
copy thereof attached to the record of the case & served upon the parties. Congress an annual report on the operations & activities of the Judiciary.
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.
SECTION 14. No decision shall be rendered by any court without expressing

therein clearly & distinctly the facts & the law on which it is based.
No petition for review or motion for reconsideration of a decision of the court CHAPTER 12 – THE JUDICIAL DEPARTMENT (ARTICLE 8)
shall be refused due course or denied without stating the legal basis therefor.
1) INDEPENDENCE OF THE JUDICIARY
SECTION 15. (1) All cases or matters filed after the effectivity of this a) Safeguards for independence of the judiciary
Constitution must be decided or resolved within twenty-four months from date i) The SC is a constitutional body & can’t be abolished nor may its
of submission for the Supreme Court, &, unless reduced by the Supreme membership or the manner of its meetings be changed by mere
Court, twelve months for all lower collegiate courts, & three months for all legislation
other lower courts. ii) Members of the SC may not be removed except by impeachment
iii) The SC may not be deprived of its minimum original & appellate
(2) A case or matter shall be deemed submitted for decision jurisdiction
or resolution upon the filing of the last pending, brief, or memorandum iv) The appellate jurisdiction may not be increased by law without the
required by the Rules of Court or by the court itself. advice & concurrence of the SC
v) Appointees to the judiciary are nominated by the JBC & not subject to
(3) Upon the expiration of the corresponding period, a certification to this the confirmation of the Commission on Appointments
effect signed by the Chief Justice or the presiding judge shall forthwith be vi) The SC has administrative supervision over all lower courts & their
issued & a copy thereof attached to the record of the case or matter, & served personnel
upon the parties. The certification shall state why a decision or resolution has vii) The SC has exclusive power to discipline the judges of lower courts
not been rendered or issued within said period.
viii) The members of the SC & all lower courts have security of tenure ii) Judicial power is the authority to settle justiciable controversies or
ix) They shall not be designated to any agency performing quasi-judicial or disputes involving rights that are enforceable & demandable before the
administrative functions courts of justice or the redress of wrongs for violation of such rights.
x) Salaries of judges may not be reduced during their continuance in office
xi) The judiciary will enjoy fiscal autonomy 3) JURISDICTION
xii) The SC alone may initiate the rules of court a) Expanded Certiorari Jurisdiction Of The SC
xiii) Only the SC may order the temporary detail of judges i) Courts have the power to determine whether there has been a grave
xiv) The SC can appoint all officials & employees of the judiciary abuse of discretion amounting to lack or excess of jurisdiction on the
part of any branch or instrumentality of the Government
2) JUDICIAL POWER ii) This has been referred to as the “expanded certiorari jurisdiction” of the
a) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law SC
or the Rules of Court may provide, final judgments & orders of lower courts iii) What does “grave abuse of discretion” mean?
in: (1) It refers to such capricious & whimsical exercise of judgment as is
i) All cases in which the constitutionality or validity of any treaty, equivalent to lack of jurisdiction. The abuse of discretion must be
international or executive agreement, law, presidential decree, patent & gross as to amount to an evasion of positive duty or a
proclamation, order, instruction, ordinance, or regulation is in question. virtual refusal to perform a duty enjoined by law, or to act at all in
ii) All cases involving the legality of any tax, impost, assessment, or toll, contemplation of law, as where the power is exercised in an
or any penalty imposed in relation thereto. arbitrary & despotic manner by reason of passion or hostility.
iii) All cases in which the jurisdiction of any lower court is in issue. iv) What are Political Questions?
iv) All criminal cases in which the penalty imposed is reclusion Perpetua (1) Political questions refer "to those questions which, under the
or higher. Constitution, are to be decided by the people in their sovereign
v) All cases in which only an error or question of law is involved capacity, or regarding which full discretionary authority has been
b) It includes — delegated to the legislative or executive branch of the government.
i) The duty of the courts of justice to settle actual controversies involving It is concerned with issues dependent upon the wisdom, not legality
rights which are legally demandable & enforceable of a particular measure.
ii) The power to determine whether there has been a grave abuse of (2) They are non-justiciable controversy by virtue of the principle of
discretion amounting to lack or excess of jurisdiction (GADALEJ) on separation of powers
the part of any branch or instrumentality of the Government v) Can Political Questions be subject to Judicial Review?
c) Power to settle actual controversies involving demandable & enforceable (1) NO. Purely political questions are beyond the scope of judicial
rights review.
i) Courts have the power to settle actual controversies involving rights (2) BUT — The SC may take cognizance of governmental acts alleged
which are legally demandable & enforceable to be “political questions”, BUT ONLY to determine

(a) Whether they are in accordance with the limitations & (3) Other qualifications prescribed by law
boundaries imposed by the Constitution or Laws (to determine (4) Has proven competence, integrity, probity, & independence
whether they are political questions, or rather “constitutional or iv) Appointment Of Vacancies In The Judiciary
legal questions: (1) The members of the SC & judges of the lower courts shall be
(b) Whether or not there has been a grave abuse of discretion appointed by the president
amounting to lack or excess of jurisdiction (under its expanded (2) The President will choose from a list of at least three nominees
certiorari jurisdiction) prepared by the JBC for every vacancy
vi) The expanded certiorari jurisdiction embodied in the 1987 Constitution (3) Such appointments need no confirmation of the Commission on
does NOT nullify the long-standing doctrine on political questions as Appointments
being beyond the pale of judicial power. This partial definition of
judicial power made by the new Constitution has for its purpose to b) THE JUDICIAL & BAR COUNCIL
emphasize that when "grave abuse of discretion" is committed even by i) Functions Of The Judicial & Bar Council (JBC)
the highest executive authority, the judiciary should not hide behind the (1) The JBC has the principal function of recommending appointees to
political questions doctrine. the judiciary
(2) BUT — It may exercise such other functions & duties as the SC
may assign to it
(3) The JBC is under the supervision of the SC
4) APPOINTMENTS (4) It submits a “list” of nominations to vacancies in the Judiciary to
a) QUALIFICATIONS the President. The President appoints based on such list.
i) Members of the SC (5) The Council was principally designed to eliminate politics from the
(1) Natural-born citizen of the Philippines appointment of judges & justices. Thus, appointments to the
(2) At least forty years of age Judiciary do not have to go through a political Commission on
(3) Must have been for fifteen years or more, a judge of a lower court Appointments.
or engaged in the practice of law in the Philippines ii) May the JBC impose additional qualifications of screening applicants
(4) Has proven competence, integrity, probity, & independence for vacancies in the judiciary?
ii) Members of Lower Collegiate Courts (1) YES. The JBC has the authority to set the standards/criteria in
(1) Natural-born citizen of the Philippines choosing its nominees for every vacancy in the judiciary, subject
(2) Member of the Philippine Bar only to the minimum qualifications required by the Constitution &
(3) Other qualifications prescribed by law law for every position.
(4) Has proven competence, integrity, probity, & independence iii) Members Of The Judicial & Bar Council (JBC)
iii) Members of Lower Non-Collegiate Courts (1) The JBC is composed of 7 members, consisting of the following
(1) Citizen of the Philippines (a) Ex-officio members
(2) Member of the Philippine Bar (i) Chief Justice as ex officio Chairman

(ii) The Secretary of Justice c) After approval, the appropriations for the Judiciary shall be automatically &
(iii) Representative of the Congress regularly released.
(b) Regular members d) The salary of the Chief Justice & of the Associate Justices of the SC, & of
(i) Representative of the Integrated Bar judges of lower courts, shall be fixed by law; & during their continuance in
(ii) Professor of law office, their salary shall not be decreased
(iii) Retired Member of the SC
(iv) Representative of the private sector 6) COMPOSITION OF THE SC
iv) How are the regular members of the JBC appointed? a) EN BANC CASES
(1) The regular members of the Council shall be appointed by the i) The following cases must be heard en banc —
President with the consent of the Commission on Appointments. (1) Cases involving the constitutionality of a treaty, international or
v) What is the term of the regular members of JBC? executive agreement, or law;
(1) 4 years (2) Cases which under the Rules of Court may be required to be heard
(2) BUT — Subject to the rule on staggering of terms — Of the en banc
Members first appointed, the representative of the Integrated Bar (3) Cases involving the constitutionality, application or operation of
shall serve for four years, the professor of law for three years, the presidential decrees, proclamations, orders, instructions,
retired Justice for two years, & the representative of the private ordinances, & other regulations
sector for one year. (4) Cases heard by a division when the required majority in the division
vi) Does the representative of Congress come from the House or from the is not obtained
Senate? (5) Cases where the SC modifies or reverses a doctrine or principle of
(1) From either. This provision was formulated for a unicameral law previously laid down either en banc or in division
Congress & no change was made when the final decision was for a (6) Administrative cases involving the discipline or dismissal of judges
bicameral Congress. In practice, the two houses now work out a of lower courts
way of sharing representation. (7) Election contests for President or Vice-President (When the SCs
vii) Can there be two representatives from Congress, 1 from the Senate & 1 sits as the Presidential Electoral Tribunal)
from the HREP, each having 1/2 vote, in line with the bicameral nature
of Congress? b) DIVISION CASES
(1) NO. i) The Court is free to create divisions of three, five, or seven.
ii) The purpose of allowing up to five divisions within one Court is to
5) FISCAL AUTONOMY enable the Court to dispose of cases more speedily.
a) The Judiciary shall enjoy fiscal autonomy. iii) Currently, the SC has 3 divisions of 5 members each.
b) Appropriations for the Judiciary may not be reduced by the legislature below iv) Are divisions separate & distinct courts?
the amount appropriated for the previous year (1) NO. Actions considered in any of these divisions & decisions
rendered therein are, in effect, by the same Tribunal
v) Decisions or resolutions of a division of the court are not inferior to an (f) No petition for review or motion for reconsideration of a
en banc decision. decision of the court shall be refused due course or denied
vi) Rule In Cases Decided By The SC En Banc Or Divisions without stating the legal basis therefor.
(1) In cases or matters to be decided or resolved by the SC en banc or (g) All cases or matters filed must be decided or resolved within
divisions, the following rules must be observed — the following time periods—
(a) The conclusions of the SC in any case submitted to it for (i) SC — within 24 months from date of submission for the
decision en banc or in division shall be reached in consultation SC
(b) The case will then be assigned to a Member (of the division or (ii) Lower Collegiate Courts — 12 months from date of
the en banc) for the writing of the opinion of the Court. submission
(c) A certification to such effect (reach in consultation & assigned (iii) Other Lower Courts — 3 months from date of submission
to a justice for writing) signed by the Chief Justice shall be 1. BUT NOTE — The three (3) month period for
issued & a copy thereof attached to the record of the case & deciding cases, not the twelve (12) month period given
served upon the parties. to appellate courts, applies to the Sandiganbayan
(i) What is the effect of absence of certification? because the Sandiganbayan is a trial court.
1. The absence of the certification would not necessarily (h) A case or matter shall be deemed submitted for decision or
mean that the case submitted for decision had not been resolution upon the filing of the last pleading, brief, or
reached in consultation before being assigned to one memorandum required by the Rules of Court or by the court
member for the writing of the opinion of the Court itself.
since the regular performance of duty is presumed. (i) Upon the expiration of the corresponding period, a certification
The lack of certification at the end of the decision to this effect signed by the Chief Justice or the presiding judge
would only serve as evidence of failure to observe shall forthwith be issued & a copy thereof attached to the
certification requirement & may be basis for holding record of the case or matter & served upon the parties. The
the official responsible for the omission to account certification shall state why a decision or resolution has not
therefor. Such absence of certification would not have been rendered or issued within said period.
the effect of invalidating the decision. (j) Despite the expiration of the applicable mandatory period, the
(d) Any Members who took no part, or dissented, or abstained court, without prejudice to such responsibility as may have
from a decision or resolution, must state the reason, therefore. been incurred in consequence thereof, shall decide or resolve
(i) The reason for the required explanation to be given by the case or matter submitted thereto for determination, without
individual Justices for their non-participation or abstention further delay.
is to encourage participation.
(e) No decision shall be rendered by any court without expressing 7) REQUISITES OF A JUDICIAL INQUIRY
therein clearly & distinctly the facts & the law on which it is a) Is the exercise of power of impeachment by Congress subject to judicial
based. review?

i) YES. Under the expanded certiorari jurisdiction of the SC. (2) Justiciability — the constitutional issue must be susceptible of
b) Can lower courts declare a law as unconstitutional (can they exercise the judicial determination
power of judicial review)? (a) The following are NOT judicial determination —
i) YES. But it only affects the parties to the case. (i) Questions which are moot or academic
ii) Since the power of judicial review flows from judicial power & since (ii) Questions of policy or wisdom or “political questions”
inferior courts are possessed of judicial power, it may fairly be inferred (iii) Questions which are based on extra-legal or other similar
that the power of judicial review is not a power exclusive to the SC. considerations
This same conclusion may be inferred from Article X, Section 5(2) (b) What are moot or academic cases?
which confers on the SC appellate jurisdiction over judgments & (i) A moot case is one that ceases to present a justiciable
decrees of inferior courts in all cases in which the constitutionality or controversy by virtue of supervening events, so that a
validity of any treaty, international agreement, law, presidential decree, declaration thereon would be of no practical use or value.
proclamation, order, instruction, ordinance, or regulation is in question. (c) Can the judiciary resolve moot cases?
c) Requisites For Judicial Review (i) NO. Courts decline jurisdiction over such case & should
i) The constitutionality of a statute will be passed on only if, & to the dismiss it on the ground of mootness.
extent that, it is directly & necessarily involved in a justiciable (ii) EXCEPT — Courts may decide moot or academic cases in
controversy & is essential to the protection of the rights of the parties the following cases—
concerned. 1. There is a grave violation of the Constitution
ii) The power of judicial review does not repose upon the courts a "self- 2. The exceptional character of the situation & the
starting capacity. Hence, there is a need to comply with the following paramount public interest is involved
requisites of judicial review — 3. When the constitutional issue raised requires
(1) There must be a justiciable & actual case or controversy calling for formulation of controlling principles to guide the
the exercise of judicial power bench, the bar, & the public
(2) The parties bringing the action must have legal standing or locus 4. The case is capable of repetition yet evading review
standi ii) Legal Standing Or Locus Standi
(3) The question of constitutionality must be raised at the earliest (1) TEST — “Direct Injury Test” — The person challenging the act
opportunity must have "standing" to challenge; he must have a personal &
(4) The question of constitutionality must be the very lis mota of the substantial interest in the case such that he has sustained, or will
case sustain, direct injury because of its enforcement.
d) Requisites For Judicial Review (Expounded) (2) The Court has adopted the "direct injury" test of People vs Vera in
i) Justiciable & actual case or controversy calling for the exercise of our jurisdiction.
judicial power (3) The term “interest” means a material interest, an interest in issue
(1) Ripeness & Maturity — the question of constitutionality must be affected by the challenged official act, as distinguished from mere
ripe for adjudication & not prematurely raised for judicial inquiry interest in the question involved, or a mere incidental interest
(4) The person bring the action must show the following—
(a) That he has personally suffered some actual or threatened public respondent agency or instrumentality of the
injury because of the allegedly illegal conduct of government government
(b) The injury is traceable to the challenged action c. The lack of any other party with a more direct &
(c) The injury is likely to be redressed by a favorable action specific interest in raising the questions being
(5) Can the courts exercise the power of judicial review in a petition raised.
filed by parties without legal standing? (ii) Third-Party Standing
(a) NO. Courts decline jurisdiction over such case or dismiss it on 1. Generally, the "as applied challenge" embodies the
ground of lack of legal standing rule that one can challenge the constitutionality of a
(b) EXCEPT — Under the following exceptions, the courts may statute only if he asserts a violation of his own rights.
take cognizance of the case even if the petitioners lack legal The rule prohibits one from challenging the
standing — constitutionality of the statute grounded on a violation
(i) Under the “Doctrine of Transcendental Importance” when of the rights of third persons not before the court. This
the constitutional issues raised are of paramount rule is also known as the “prohibition against third-
importance to the public party standing.”
1. Jurisprudence allows what it calls a "liberal approach"
to standing. When the subject in issue is of
transcendental interest to the public, the Court (6) What is the difference between “legal standing” & “real party-in-
entertains the suit even if those suing do not have a interest”?
personal & direct interest such that they are stood to (a) Legal standing — involves public rights & interests may be
suffer harm. involved. The injured parties are the public at large (thus, they
2. The Court leans on the doctrine that "the rule on are brought by concerned citizens, taxpayers or voters who sue
standing is a matter of procedure, hence, can be in the public interest)
relaxed for non-traditional plaintiffs like ordinary (b) Real-party- in interest — only private rights & interests are
citizens, taxpayers, & legislators when the public involved. The suit is brought by the private party Injured
interest so requires, such as when the matter is of iii) The question of constitutionality must be raised at the earliest
transcendental importance, of overreaching opportunity
significance to society, or of paramount public (1) The question of constitutionality must be raised at the earliest
interest. opportunity, so that if not raised by the pleadings, ordinarily it may
3. Determinants of the existence of “transcendental not be raised at the trial, & if not raised in the trial court, it will not
importance — be considered on appeal.
a. The character of the funds or other assets involved iv) The question of constitutionality must be the very lis mota of the case
in the case (1) Courts will not touch the issue of constitutionality unless it is truly
b. The presence of a clear case of disregard of a unavoidable & is the very lis mota or crux of the controversy.
constitutional or statutory prohibition by the e) Kinds Of Legal Standing (As Recognized In Jurisprudence)
i) Citizen’s suit (b) The taxpayer must specifically prove that he has sufficient
(1) When suing as a citizen, the interest of the petitioner assailing the interest in preventing the illegal expenditure of money raised
constitutionality of a statute must be direct & personal. He must be by taxation
able to show, not only that the law or any government act is invalid, (c) The taxpayer would sustain a direct injury because of the
but also that he sustained or is in imminent danger of sustaining enforcement of the questioned statute or contract
some direct injury because of its enforcement, & not merely that he iv) Voter’s Suit
suffers thereby in some indefinite way. It must appear that the (1) There must be a showing of obvious interest in the validity of the
person complaining has been or is about to be denied some right or election law in question
privilege to which he is lawfully entitled or that he is about to be v) Legislator’s Suit
subjected to some burdens or penalties by reason of the statute or (1) As for a legislator, he is allowed to sue to question the validity of
act complained of. In fine, when the proceeding involves the any official action which he claims infringes his prerogatives as a
assertion of a public right, the mere fact that he is a citizen satisfies legislator. Indeed, a member of the House of Representatives has
the requirement of personal interest. standing to maintain inviolate the prerogatives, powers & privileges
ii) Citizen’s Class Suit vested by the Constitution in his office.
(1) When dealing with class suits filed on behalf of all citizens, persons
intervening must be sufficiently numerous to fully protect the
interests of all concerned to enable the court to deal properly with vi) Government Suit
all interests involved in the suit, for a judgment in a class suit, (1) The Government of the Philippines is a proper party to question the
whether favorable or unfavorable to the class, is, under the res validity of its own laws, because more than any one, it should be
judicata principle, binding on all members of the class whether they concerned with the constitutionality of its acts. In that case, it was
were before the court. Where it clearly appears that not all interests held that the government has substantial interest in having the
can be sufficiently represented, a class suit ought to fail. Probation Law declared as unconstitutional, because more than the
iii) Taxpayer’s Suit damage caused by the illegal expenditure of public funds is the
(1) A taxpayer is allowed to sue where the following requisites are mortal would inflict upon the fundamental law by the enforcement
present — of an invalid statute.
(a) The case involves the expenditure of public funds by virtue of
legislative action 8) EFFECTS OF A DECLARATION OF UNCONSTITUTIONALITY
(i) Such as when — a) When the courts declare a law to be unconstitutional, it is void & ineffective
1. There is a claim that public funds are illegally i) The general rule is that a void law or administrative act cannot be the
disbursed source of legal rights or duties. An unconstitutional act is not a law; it
2. That public money is being deflected to any improper confers no rights; it imposes no duties; it affords no protection; it creates
purpose no office; it is inoperative as if it has not been passed at all.
3. That there is a wastage of public funds through the
enforcement of an invalid or unconstitutional law.
ii) Article 7 of the Civil Code enunciates this general rule — When the ii) The doctrine does not apply when it would result in or promote injustice
courts declare a law to be inconsistent with the Constitution, the former & inequity
shall be void & the latter shall govern. Administrative or executive acts, iii) The doctrine of operative fact cannot be applied to administrative rules
orders & regulations shall be valid only when they are not contrary to & regulations
the laws of the Constitution. It is understandable why it should be so, iv) The doctrine only applies to when a declaration of unconstitutionality
the Constitution being supreme & paramount. Any legislative or will impose an undue burden on those who have relied on the invalid
executive act contrary to its terms cannot survive. law prior to its invalidation by a SC decision, & not after such decision
iii) EXCEPT — unconstitutional laws may still be a source of rights & is promulgated
duties under the “doctrine of operative Fact”
(1) This is when a legislative or executive act, prior to its being 9) POWERS OF THE SC
declared as unconstitutional by the courts, is valid & must be a) ORIGINAL JURISDICTION
complied with. i) Exercise Of Original Jurisdiction Over
b) What is the procedural remedy in seeking to declare governmental acts as (1) Cases affecting ambassadors, other public ministers & consuls
unconstitutional? (2) Petitions for certiorari, prohibition, mandamus, quo warranto, &
i) Petition for Certiorari under its power of Judicial Review (Art. 8, Sec. habeas corpus
1 & 5[2a], 1987 Constitution)
ii) Petition for Declaratory Relief (Rule 63, Rules of Court)
iii) Petition for Prohibition (Rule 64, 65, Rules of Court)
b) APPELLATE JURISDICTION
c) The SC has the power to declare government acts as unconstitutional
i) Mandatory Review Of Criminal Offenses
i) The power of judicial review is the power of the courts to test the
(1) In all criminal cases where the penalty imposed by the trial court is
validity of executive & legislative acts for their conformity with the
reclusion perpetua, life imprisonment, or death, the case shall be
Constitution. Through such power, the judiciary enforces & upholds the
forwarded to the SC for automatic review
supremacy of the Constitution.
(2) This is one of the exceptional cases where the SC may review
d) The SC may declare the unconstitutionality of any —
questions of facts. Also, exceptionally it allows an appeal to the SC
i) Treaty, International or executive agreement by a mode other than petition for review on certiorari
ii) Law
(3) In mandating mandatory review of the SC of death & other
iii) Presidential decree, proclamation, order, instruction
sentences, does the Constitution thereby proscribe intermediate
iv) Ordinance
review by the Court of Appeals?
v) Administrative regulation
(a) NO. Court of Appeals may review the case, but it should
e) Application Of the Doctrine Of Operative Fact
merely render & NOT enter judgment before elevating it to the
i) The doctrine applies to prevent injustice & promote equity despite the
SC.
declaration of unconstitutionality. It does not make what is
unconstitutional, constitutional
c) TEMPORARY ASSIGNMENT OF JUDGES
i) Assign temporarily judges of lower courts to other stations as public (a) BUT — such temporary assignment shall not exceed six
interest may require months without the consent of the judge concerned
ii) BUT — such temporary assignment shall not exceed six months (2) Order a change of venue or place of trial to avoid a miscarriage of
without the consent of the judge concerned justice
(3) Appoint all officials & employees of the Judiciary in accordance
d) CHANGE OF VENUE OR PLACE OF TRIAL with the Civil Service Law
i) The SC has the sole power to order a change of venue or place of trial (4) Discipline judges of lower courts, or order their dismissal
to avoid a miscarriage of justice (a) BUT — in cases of dismissal, it must be —
(i) Decided by the SC en banc
e) RULE-MAKING POWER (ii) A vote of most of the Members who actually took part in
i) The SC is constitutionally empowered to promulgate rules concerning the deliberations on the issues in the case & voted thereon
the following matters —
(1) Protection & enforcement of constitutional rights, pleading, 10) TENURE OF JUDGES
practice, & procedure in all courts a) What is the tenure of the members of the judiciary?
(2) Admission to the practice of law i) The Members of the SC & judges of lower courts shall hold office
(3) Integrated bar during good behavior until they reach the age of 70 years or become
(4) Legal assistance to the under-privileged incapacitated to discharge the duties of their office.
ii) Limitations On The Rule-Making Power Of The SC ii) Thus, they have security of tenure.
(1) It should provide a simplified & inexpensive procedure for the b) How are vacancies in the Judiciary created?
speedy disposition of cases i) Voluntary resignation
(2) It should be uniform for all courts of the same grade ii) Incapacity to discharge the duties of their office
(3) It cannot diminish, increase, or modify substantive rights iii) Mandatory retirement — upon reaching 70 years of age
iv) Dismissal or removal —
f) APPOINTMENT OF COURT PERSONNEL (1) Judges or Justices of Lower Courts — may be dismissed by the SC
i) Appoint all officials & employees of the Judiciary in accordance with en banc (Art. 8. Sec. 11)
the Civil Service Law (2) Justices of the SC — may only be removed by impeachment (Art.
11, Sec. 2)
g) ADMINISTRATIVE SUPERVISION OF COURTS c) When should the President make the appointment?
i) Vacancies in the Lower Courts — within 90 days from the submission
i) The SC has the power of administrative supervision over all courts &
of the list by the JBC. (Art. 8, Sec. 9)
the personnel
ii) Vacancies in the SC — within 90 days from the occurrence of the
ii) This includes the power of the SC to —
vacancy. (Art. 8, Sec. 4)
(1) Assign temporarily judges of lower courts to other stations as
public interest may require
11) CONSULTATIONS OF THE COURT credence & are beyond investigation or inquiry under the same
a) The conclusion of the SC in any case shall be reached in consultation before principle of conclusiveness of enrolled bills of the legislature.
it is assigned to a member for the writing of the opinion iii) Its execution is subject to the control of the court
(1) The power to control the execution of its decision is an essential
12) DECISIONS OF THE COURT aspect of jurisdiction. It cannot be the subject of substantial
a) Nature Of The Decisions Of The SC subtraction for our Constitution vests the entirety of judicial power
i) They have the force of law in one SC & in such lower courts as may be established by law.
(1) The settled rule supported by numerous authorities is a restatement b) Doctrines Or Principles Established By The Decisions Of The SC
of the legal maxim “legis interpretatio legis vim obtinet” — the i) No doctrine or principle of law laid down by the court in a decision
interpretation placed upon the written law by a competent court has rendered en banc or in division may be modified or reversed
the force of law ii) What is the Doctrine of Stare Decisis?
(2) Under the principle of separation of powers, the judicial department (1) The “doctrine of stare decisis” means that when the Court has once
has no power to enact laws because the same is the exclusive laid down a principle of law as applicable to a certain state of facts,
province of the legislative department. Likewise, it is not the it will adhere to that principle & apply it to all future cases where
province of the courts to supervise legislation & keep it within the the facts are substantially the same
bounds of propriety & common sense, as these matters are (2) The doctrine of stare decisis enjoins adherence to judicial
exclusively of legislative concern. While judicial decisions form precedents. The doctrine is based on the principle that once a
part of the legal system, judicial decisions are not laws. They are, question of law has been examined & decided, it should be deemed
however, evidence of what the law means, & therefore they are part settled & closed to further argument.
of the legal system of the Philippines. The interpretation placed iii) Only decisions of the SC establish jurisprudence or doctrine in this
upon the written law by a competent court has the force of law jurisdiction. Hence, only decisions of the SC are considered in the
(3) Judicial decisions applying & interpreting the law shall form part application of the doctrine of stare decisis.
of the legal system of the Philippines. In effect, judicial decisions, iv) EXCEPT — only the SC sitting en banc may modify or reverse a
although in themselves not laws, assume the same authority as the doctrine or principle of law previously laid down either en banc or in
statute itself &, until authoritatively abandoned, necessarily division
become, to the extent that they are applicable, the criteria which v) The SC, being supreme, is allowed to make mistakes, it can reverse
must control the actuations not only of those called upon to abide itself & is not bound by its now decisions.
thereby but also those duty bound to enforce obedience thereto vi) This pertains to “doctrines or principles of law” & NOT cases. Thus,
ii) They are conclusive & binding upon the other branches & cannot be the divisions of the SC may reverse its decisions through MR if no
reversed by anybody other than itself established doctrine or principle of law is reversed.
(1) Resolutions of the SC as a collegiate court, whether en banc or
division, speak for themselves & are entitled to full faith & 13) SALARIES OF JUDGES

a) Salaries of the Chief Justice & of the Associate Judges of the SC & judges 15) ANNUAL REPORT
of the lower courts shall be fixed by the law a) Annual report can be the basis of appropriate legislation & government
b) Salary cannot be lowered while the judge is in service policies
14) PERIODS FOR DECISION

a) How many votes are needed for SC decisions & resolutions?
i) Cases heard by the SC en banc — Majority of the quorum present in the
deliberations
(1) These are decided with the concurrence of most of the Members
who took part in the deliberations on the issues in the case & voted
thereon Majority of the quorum
(2) Since a quorum of the SC is eight, the votes of at least five are
needed & are enough
(3) This is a liberalization of the old rule which required a qualified
majority of a definite number. Moreover, those who did not take
part in the deliberation do not have the right to vote.
ii) Cases heard by the SC division — Majority of the quorum present in
the deliberations, BUT there must be a concurrence of at least 3
members
(1) They should also be decided or resolved with the concurrence of ARTICLE IX - Constitutional Commissions
most of the Members who took part in the deliberations on the
issues in the case & voted thereon A. Common Provisions
(2) The case or matter must be decided by at least the concurrence of
three of such Members SECTION 1. The Constitutional Commissions, which shall be independent,
b) When the required number is not obtained, the case shall be decided en banc are the Civil Service Commission, the Commission on Elections, & the
i) This rule only applies in “cases” before the decisions, NOT “matters”. Commission on Audit.
ii) “Cases” — refer to controversies brought to the Court for the first time.
These are “decided” SECTION 2. No Member of a Constitutional Commission shall, during his
iii) “Matters” — mainly refer to motions for reconsideration. These are tenure, hold any other office or employment. Neither shall he engage in the
“resolved”. If a motion for reconsideration fails to obtain at least 3 votes practice of any profession or in the active management or control of any
of the decision, the “matter” will NOT be referred to the en banc, it is business which in any way be affected by the functions of his office, nor shall
deemed denied. 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 least thirty-five years of age, with proven capacity for public administration,
corporations or their subsidiaries. & must not have been candidates for any elective position in the elections
immediately preceding their appointment.
SECTION 3. The salary of the Chairman & the Commissioners shall be fixed
by law & shall not be decreased during their tenure. (2) The Chairman & the Commissioners shall be appointed by the
President with the consent of the Commission on Appointments for a term of
SECTION 4. The Constitutional Commissions shall appoint their officials & seven years without reappointment. Of those first appointed, the Chairman
employees in accordance with law. shall hold office for seven years, a Commissioner for five years, & another
Commissioner for three years, without reappointment. Appointment to any
SECTION 5. The Commission shall enjoy fiscal autonomy. Their approved vacancy shall be only for the unexpired term of the predecessor. In no case
annual appropriations shall be automatically & regularly released. shall any Member be appointed or designated in a temporary or acting
capacity.
SECTION 6. Each Commission en banc may promulgate its own rules
concerning pleadings & practice before it or before any of its offices. Such SECTION 2. (1) The civil service embraces all branches, subdivisions,
rules however shall not diminish, increase, or modify substantive rights. instrumentalities, & agencies of the Government, including government-
owned or controlled corporations with original charters.
SECTION 7. Each Commission shall decide by a majority vote of all its
Members any case or matter brought before it within sixty days from the date (2) Appointments in the civil service shall be made only according to
of its submission for decision or resolution. A case or matter is deemed merit & fitness to be determined, as far as practicable, &, except to positions
submitted for decision or resolution upon the filing of the last pleading, brief, which are policy-determining, primarily confidential, or highly technical, by
or memorandum required by the rules of the Commission or by the competitive examination.
Commission itself. Unless otherwise provided by this Constitution or by law,
any decision, order, or ruling of each Commission may be brought to the (3) No officer or employee of the civil service shall be removed or
Supreme Court on certiorari by the aggrieved party within thirty days from suspended except for cause provided by law.
receipt of a copy thereof.
(4) No officer or employee in the civil service shall engage, directly or
SECTION 8. Each Commission shall perform such other functions as may indirectly, in any electioneering or partisan political campaign.
be provided by law.
(5) The right to self-organization shall not be denied to government
B. The Civil Service Commission employees.
SECTION 1. (1) The Civil Service shall be administered by the Civil Service (6) Temporary employees of the Government shall be given such
Commission composed of a Chairman & two Commissioners who shall be protection as may be provided by law.
natural-born citizens of the Philippines &, at the time of their appointment, at
SECTION 3. The Civil Service Commission, as the central personnel agency Pensions or gratuities shall not be considered as additional, double, or
of the Government, shall establish a career service & adopt measures to indirect compensation.
promote morale, efficiency, integrity, responsiveness, progressiveness, &
courtesy in the civil service. It shall strengthen the merit & rewards system, C. The Commission on Elections
integrate all human resources development programs for all levels & ranks,
& institutionalize a management climate conducive to public accountability. SECTION 1. (1) There shall be a Commission on Elections composed of a
It shall submit to the President & the Congress an annual report on its Chairman & six Commissioners who shall be natural-born citizens of the
personnel programs. Philippines &, at the time of their appointment, at least thirty-five years of age,
holders of a college degree, & must not have been candidates for any
SECTION 4. All public officers & employees shall take an oath or affirmation elective position in the immediately preceding elections. However, a majority
to uphold & defend this Constitution. thereof, including the Chairman, shall be Members of the Philippine Bar who
have been engaged in the practice of law for at least ten years.
SECTION 5. The Congress shall provide for the standardization of
compensation of government officials & employees, including those in (2) The Chairman & the Commissioners shall be appointed by the
government-owned or controlled corporations with original charters, taking President with the consent of the Commission on Appointments for a term of
into account the nature of the responsibilities pertaining to, & the seven years without reappointment. Of those first appointed, three Members
qualifications required for their positions. shall hold office for seven years, two Members for five years, & the last
Members for three years, without reappointment. Appointment to any
SECTION 6. No candidate who has lost in any election shall, within one year vacancy shall be only for the unexpired term of the predecessor. In no case
after such election, be appointed to any office in the Government or any shall any Member be appointed or designated in a temporary or acting
government-owned or controlled corporations or in any of their subsidiaries. capacity.
SECTION 7. No elective official shall be eligible for appointment or SECTION 2. The Commission on Elections shall exercise the following
designation in any capacity to any public office or position during his tenure. powers & functions:
Unless otherwise allowed by law or by the primary functions of his position, (1) Enforce & administer all laws & regulations relative to the conduct
no appointive official shall hold any other office or employment in the of an election, plebiscite, initiative, referendum, & recall.
Government or any subdivision, agency or instrumentality thereof, including
government-owned or controlled corporations or their subsidiaries. (2) Exercise exclusive original jurisdiction over all contests relating to
the elections, returns, & qualifications of all elective regional, provincial, &
SECTION 8. No elective or appointive public officer or employee shall receive city officials, & appellate jurisdiction over all contests involving elective
additional, double, or indirect compensation, unless specifically authorized municipal officials decided by trial courts of general jurisdiction, or involving
by law, nor accept without the consent of the Congress, any present, elective barangay officials decided by trial courts of limited jurisdiction.
emolument, office, or title of any kind from any foreign government.
Decisions, final orders, or rulings of the Commission on election contests (7) Recommend to the Congress effective measures to minimize
involving elective municipal & barangay offices shall be final, executory, & election spending, including limitation of places where propaganda materials
not appealable. shall be posted, & to prevent & penalize all forms of election frauds, offenses,
malpractices, & nuisance candidacies.
(3) Decide, except those involving the right to vote, all questions
affecting elections, including determination of the number & location of (8) Recommend to the President the removal of any officer or
polling places, appointment of election officials & inspectors, & registration of employee it has deputized, or the imposition of any other disciplinary action,
voters. for violation or disregard of, or disobedience to its directive, order, or
decision.
(4) Deputize, with the concurrence of the President, law enforcement
agencies & instrumentalities of the Government, including the Armed Forces (9) Submit to the President & the Congress a comprehensive report
of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, on the conduct of each election, plebiscite, initiative, referendum, or recall.
peaceful, & credible elections.
SECTION 3. The Commission on Elections may sit en banc or in two
(5) Register, after sufficient publication, political parties, divisions, & shall promulgate its rules of procedure in order to expedite
organizations, or coalitions which, in addition to other requirements, must disposition of election cases, including pre-proclamation controversies. All
present their platform or program of government; & accredit citizens’ arms of such election cases shall be heard & decided in division, provided that
the Commission on Elections. Religious denominations & sects shall not be motions for reconsideration of decisions shall be decided by the Commission
registered. Those which seek to achieve their goals through violence or en banc.
unlawful means, or refuse to uphold & adhere to this Constitution, or which
are supported by any foreign government shall likewise be refused SECTION 4. The Commission may, during the election period, supervise or
registration. regulate the enjoyment or utilization of all franchises or permits for the
operation of transportation & other public utilities, media of communication or
Financial contributions from foreign governments & their agencies to political information, all grants, special privileges, or concessions granted by the
parties, organizations, coalitions, or candidates related to elections constitute Government or any subdivision, agency, or instrumentality thereof, including
interference in national affairs, &, when accepted, shall be an additional any government-owned or controlled corporation or its subsidiary. Such
ground for the cancellation of their registration with the Commission, in supervision or regulation shall aim to ensure equal opportunity, time, &
addition to other penalties that may be prescribed by law. space, & the right to reply, including reasonable, equal rates therefor, for
public information campaigns & forums among candidates in connection with
(6) File, upon a verified complaint, or on its own initiative, petitions in the objective of holding free, orderly, honest, peaceful, & credible elections.
court for inclusion or exclusion of voters; investigate &, where appropriate,
prosecute cases of violations of election laws, including acts or omissions SECTION 5. No pardon, amnesty, parole, or suspension of sentence for
constituting election frauds, offenses, & malpractices. violation of election laws, rules, & regulations shall be granted by the
President without the favorable recommendation of the Commission.
SECTION 6. A free & open party system shall be allowed to evolve according appointment. At no time shall all Members of the Commission belong to the
to the free choice of the people, subject to the provisions of this Article. same profession.
SECTION 7. No votes cast in favor of a political party, organization, or (2) The Chairman & the Commissioners shall be appointed by the
coalition shall be valid, except for those registered under the party-list system President with the consent of the Commission on Appointments for a term of
as provided in this Constitution. seven years without reappointment. Of those first appointed, the Chairman
shall hold office for seven years, one Commissioner for five years, & the other
SECTION 8. Political parties, or organizations or coalitions registered under Commissioner for three years, without reappointment. Appointment to any
the party-list system, shall not be represented in the voters’ registration vacancy shall be only for the unexpired portion of the term of the
boards, boards of election inspectors, boards of canvassers, or other similar predecessor. In no case shall any Member be appointed or designated in a
bodies. However, they shall be entitled to appoint poll watchers in temporary or acting capacity.
accordance with law.
SECTION 9. Unless otherwise fixed by the Commission in special cases, the SECTION 2. (1) The Commission on Audit shall have the power, authority, &
election period shall commence ninety days before the day of the election & duty to examine, audit, & settle all accounts pertaining to the revenue &
shall end thirty days after. receipts of, & expenditures or uses of funds & property, owned or held in trust
by, or pertaining to, the Government, or any of its subdivisions, agencies, or
SECTION 10. Bona fide candidates for any public office shall be free from instrumentalities, including government-owned or controlled corporations
any form of harassment & discrimination. with original charters, & on a post-audit basis: (a) constitutional bodies,
commissions & offices that have been granted fiscal autonomy under this
SECTION 11. Funds certified by the Commission as necessary to defray the Constitution; (b) autonomous state colleges & universities; (c) other
expenses for holding regular & special elections, plebiscites, initiatives, government-owned or controlled corporations & their subsidiaries; & (d) such
referenda, & recalls, shall be provided in the regular or special appropriations non-governmental entities receiving subsidy or equity, directly or indirectly,
&, once approved, shall be released automatically upon certification by the from or through the Government, which are required by law or the granting
Chairman of the Commission. institution to submit to such audit as a condition of subsidy or equity.
However, where the internal control system of the audited agencies is
D. Commission on Audit inadequate, the Commission may adopt such measures, including temporary
or special pre-audit, as are necessary & appropriate to correct the
SECTION 1. (1) There shall be a Commission on Audit composed of a deficiencies. It shall keep the general accounts of the Government &, for such
Chairman & two Commissioners, who shall be natural-born citizens of the period as may be provided by law, preserve the vouchers & other supporting
Philippines &, at the time of their appointment, at least thirty-five years of age, papers pertaining thereto.
certified public accountants with not less than ten years of auditing
experience, or members of the Philippine Bar who have been engaged in the (2) The Commission shall have exclusive authority, subject to the
practice of law for at least ten years, & must not have been candidates for limitations in this Article, to define the scope of its audit & examination,
any elective position in the elections immediately preceding their establish the techniques & methods required therefor, & promulgate
accounting & auditing rules & regulations, including those for the prevention
& disallowance of irregular, unnecessary, excessive, extravagant, or 3) STAGGERING OF TERMS
unconscionable expenditures, or uses of government funds & properties. a) All members of the constitutional commissions are supposed to serve for 7
years with the exception of the first appointees
SECTION 3. No law shall be passed exempting any entity of the Government b) Original appointees were given terms of 3, 5, & 7 years
or its subsidiary in any guise whatever, or any investment of public funds,
from the jurisdiction of the Commission on Audit. 4) REAPPOINTMENT
a) Appointments for lesser terms than that of the 7 years is void &
SECTION 4. The Commission shall submit to the President & the Congress, unconstitutional
within the time fixed by law, an annual report covering the financial condition b) They are barred from reappointment in any position in the same commission
& operation of the Government, its subdivisions, agencies, & c) If a commissioner resigns & served for less than 7 years, then they are
instrumentalities, including government-owned or controlled corporations, & eligible for reappointment
non-governmental entities subject to its audit, & recommend measures d) Any member of the commission cannot be appointed or designated in a
necessary to improve their effectiveness & efficiency. It shall submit such temporary or acting capacity
other reports as may be required by law.
CHAPTER 13 – THE CONSTITUTIONAL COMMISSIONS (ARTICLE IX) 5) OTHER PERQUISITES

a) Constitutional commissions are empowered to appoint their own officials &
1) SALARIES employees
a) The salary of the Chairman & the Commissioners shall be fixed by law & b) They have fiscal autonomy
shall not be decreased during their tenure. c) Each commission en banc may promulgate their own rules
2) DISQUALIFICATIONS 6) PROCEEDINGS
a) Members of the constitutional commissions, during tenure, are prohibited a) Each Commission shall decide by a majority vote of all its Members, any
from — case or matter brought before it within sixty days from the date of its
i) Holding any other office or employment. submission for decision or resolution. A case or matter is deemed submitted
ii) Engaging in the practice of any profession or in the active management for decision or resolution upon the filing of the last pleading, brief, or
or control of any business which, in any way, may be affected by the memorandum required by the rules of the Commission or by the
functions of his office Commission itself.
iii) Being financially interested, directly or indirectly, in any contract with, b) Rules in the disposition of cases by the constitutional commissions
or in any franchise or privilege granted by the Government, any of its i) Each Commission shall decide by a majority vote of ALL its Members
subdivisions, agencies, or instrumentalities, including government- (1) Since the Commissions are collegial bodies, the decisions are made
owned or controlled corporations or their subsidiaries by the body & not by individual members of the body. No
individual member may decide for the Commission. Much less may d) Each is conferred certain powers & functions which cannot be reduced by
cases be decided by subordinates of the Commission. Not even the statute.
Commission's legal counsel may decide for the Commission. e) The chairmen & members cannot be removed except by impeachment. (Art.
ii) Any case or matter brought before it within 60 days from the date of its 11, Sec. 2)
submission for decision or resolution. f) The chairmen & members may not be reappointed or appointed in an acting
iii) A case or matter is deemed submitted for decision or resolution upon or temporary capacity. (Art. 9[B,C,D], Sec. 1, Par. 2)
the filing of the last pleading, brief, or memorandum required by the g) The Commissions enjoy fiscal autonomy & automatic release of funds. (Art.
rules of the Commission or by the Commission itself 9A, Sec. 5)
c) Remedies against the decisions or resolutions of the constitutional h) The Commissions may appoint their own officials & employees in
commissions accordance with the Civil Service Law. (Art. 9A, Sec. 4)
i) Any decision, order, or ruling of each Commission may be brought to i) The salaries of the chairman & members are relatively high & may not be
the Supreme Court on certiorari by the aggrieved party within 30 days decreased during continuance in office.
from receipt of a copy thereof j) Each Commission may promulgate its own procedural rules, provided they
ii) UNLESS — otherwise provided by this Constitution or by law do not diminish, increase, or modify substantive rights (though subject to
(1) Remedy against decisions of the COMELEC & COA — Certiorari disapproval by the Supreme Court)
under Rule 64 of the Rules of Court k) The Chairmen & members are subject to certain disqualifications calculated
(a) Ground — Grave abuse of discretion amounting to lack of or to strengthen their integrity.
excess of jurisdiction CHAPTER 14 – THE CIVIL SERVICE COMMISSION (ARTCILE IX)
(b) Period — Within 30 days from notice (Rule 64, Sec. 3, Rules
of Court) 1) COMPOSITION & QUALIFICATIONS
(2) Remedy against decisions of the CSC — Appeal by Petition for a) What is the Composition of the Civil Service Commission
Review under Rule 43 of the Rules of Court i) 3 members — a Chairman & two Commissioners
(a) Ground — questions of fact, of law, or mixed questions of fact b) What are the qualifications of the members of the Civil Service
& law Commission?
(b) Period — Within 15 days from notice (Rule 43, Sec. 4, Rules i) Natural-born citizens of the Philippines
of Court) ii) At least thirty-five years of age at the time of their appointment
iii) Possesses proven capacity for public administration
7) SAFEGUARDS ON INDEPENDENCE iv) Must not have been candidates for any elective position in the elections
a) Each commission is equally pre-eminent in their respective spheres. Neither immediately preceding their appointment
one may claim dominance over the others.
b) They are constitutionally created & may not be abolished by statute. 2) SCOPE OF THE CIVIL SERVICE
c) Each is expressly described as “independent”.

a) The Civil Service embraces all branches, subdivisions, instrumentalities, & (c) In no case shall any Member be appointed or designated in a
agencies of the Government, including government-owned or controlled temporary or acting capacity.
corporations with original charters. iii) Appointments In The Civil Service
b) The general objective of a civil service system is to establish & promote (1) Appointments in the civil service shall be made only according to
professionalism & efficiency in public service. merit & fitness
c) Distinguish Government Employees & Private Employees — (a) Merit & fitness is to be determined, as far as practicable by
i) Government employees are governed by the Civil Service Law — Falls competitive examination. BUT, a competitive examination is
under the Jurisdiction of the Civil Service Commission not required for positions which are “non-competitive”
ii) Private employees are governed by the Labor Code — Falls under the (b) A non-eligible shall not be appointed to any position in the civil
Jurisdiction of the National Labor Relations Commission service whenever there is a civil service eligible, available for
d) The Civil Service System covers only government owned & controlled & ready to accept appointment
corporations with “original charter”. (2) Kinds Of Appointments In The Civil Service As To The Manner
i) GOCCs with original charters — governed by the Civil Service Law Of Testing Merit & Fitness
ii) GOCCs created under the Corporation Code — governed by the Labor (a) Competitive (Classified service)— merit & fitness is to be
Code determined, as far as practicable, by competitive examination
iii) What does “with original charter” mean? (b) Non-Competitive (Unclassified service)— a competitive
(1) “With original charter” refers to corporations chartered by special examination is NOT required to determine merit & fitness.
law as distinguished from corporations organized under the (i) This covers —
Corporation Code. 1. Policy-determining — one charged with the duty to
3) APPOINTMENTS formulate a method of action for the government or
a) PER USUAL any of its subdivisions.
i) How are members of the Civil Service Commission appointed? 2. Primarily confidential — While every appointment
(1) The Chairman & the Commissioners shall be appointed by the implies confidence, much more than ordinary
President with the consent of the Commission on Appointments confidence is reposed in the occupant of a position that
ii) What is the term of a member of the Civil Service Commission? is primarily confidential.
(1) 7 years without reappointment 3. “Proximity rule” — To determine whether the position
(2) BUT — Observe the following rules — is primarily confidential, the nature of the office must
(a) Rule on staggering of terms — of those first appointed, the be such as to require close intimacy between the
Chairman shall hold office for seven years, a Commissioner for appointee & appointing authority which insures
five years, & another Commissioner for three years, without freedom of intercourse without embarrassment, or
reappointment. freedom from misgiving of betrayal of personal trust
(b) Appointment to any vacancy shall be only for the unexpired on confidential matters of state. A position is primarily
term of the predecessor. confidential when there is primarily close intimacy
between the appointing authority & the appointee,
which ensures the highest degree of trust & unfettered academic staff of state colleges & universities, &
communication & discussion on the most confidential scientific & technical positions in scientific or
of matters research institutions which shall establish & maintain
(ii) In classifying a position as primarily confidential, its their own merit systems
functions must not be routinary, ordinary & day to day in 3. Career Executive Service positions— Undersecretary,
character. A position is not necessarily confidential though Assistant Secretary, Bureau Director, Assistant
the one in office may sometimes handle confidential Bureau Director, Regional Director, Assistant
matters or documents. Only ordinary confidence is Regional Director, Chief of Department Service &
required for all positions in the bureaucracy. But for other officers of equivalent rank as may be identified
someone holding a primarily confidential position, more by the Career Executive Service Board, all of whom
than ordinary confidence is required. are appointed by the President
(c) Highly technical — when the occupant is required to possess a 4. Other Career officers — those other than those in the
technical skill or training in the supreme or superior degree. Career Executive Service, who are appointed by the
President, such as the Foreign Service Officers in the
Department of Foreign Affairs
5. Commissioned officers & enlisted men of the Armed
Forces — which shall maintain a separate merit
system
(3) Kinds Of Appointments In The Civil Service As Classified By Law 6. Personnel of government-owned or controlled
(a) Career Service Positions corporations — whether performing governmental or
(i) This is characterized by — proprietary functions, who do not fall under the non-
1. Entrance based on merit & fitness to be determined as career service
far as practicable by competitive examinations or 7. Permanent laborer’s — whether skilled, semi-skilled,
based on highly technical qualifications or unskilled.
2. Security of tenure (iii) Career positions are further grouped into the following 3
3. Opportunity for advancement to higher career levels —
positions 1. First level — includes clerical, trades, crafts, &
(ii) This includes — custodial service positions which involve non-
1. Open Career positions — for appointment to which professional or subprofessional work in a non-
prior qualification in an appropriate examination is supervisory or supervisory capacity requiring less than
required four years of collegiate studies
2. Closed Career positions — which are scientific, or 2. Second level — includes professional, technical, &
highly technical in nature; these include the faculty & scientific positions which involve professional,
technical, or scientific work in a non-supervisory or
supervisory capacity requiring at least four years of 3. Chairman & members of commissions & boards with
college work up to Division Chief level fixed terms of office & their personal or confidential
3. Third level — cover positions in the Career Executive staff
Service 4. Contractual personnel
(iv) Observe the following rules about the 3 levels of Career 5. Emergency & seasonal personnel
Positions — (4) Kinds Of Appointment In The Civil Service As To The
1. Entrance to the first two levels is determined through Permanency Of The Employment Status
competitive examinations. This shall be open to those (a) Permanent status — issued to a person who meets all the
inside & outside the service who meet the minimum requirements for the positions to which he is being appointed,
qualification requirements. including the appropriate eligibility prescribed, in accordance
2. Entrance to a higher level does not require previous with the provisions of law, rules & standards promulgated in
qualification in the lower level. pursuance thereof.
3. Entrance to the third level is prescribed by the Career (b) Temporary appointment — issued in the absence of
Executive Service Board appropriate eligible & when it becomes necessary in the public
4. Within the same level, no civil service examination interest to fill a vacancy. It is issued to a person who meets all
shall be required for promotion to a higher position in the requirements for the position to which he is being appointed
one or more related occupation groups. However, a except the appropriate civil service eligibility
candidate for promotion should have previously
passed the examination for that level b) EXCEPTIONS
(b) Non-Career Service Positions i) Rules To Be Observed In The Civil Service System
(i) Positions that do not fall under the career service are (1) Appointments in the civil service shall be made only according to
considered non-career positions. merit & fitness to be determined, as far as practicable by
(ii) This is characterized by — competitive examination.
1. Entrance on bases other than those of the usual tests of (a) BUT — A competitive examination is not required for
merit & fitness utilized for the career service — positions which are “non-competitive”, there are either—
a. Policy-determining positions (i) Policy-determining
b. Primarily confidential positions (ii) Primarily confidential
c. Highly technical positions (iii) Highly technical
(iii) This includes — (2) No officer or employee of the civil service shall be removed or
1. Elective officials & their personal or confidential staff suspended except for cause provided by law.
2. Secretaries & other officials of Cabinet rank who hold (3) No officer or employee in the civil service shall engage, directly or
their positions at the pleasure of the President & their indirectly, in any electioneering or partisan political campaign.
personal or confidential staff

(4) The right to self-organization shall not be denied to government iii) BUT — The constitutional prohibition does NOT —
employees. (1) Prevent any officer or employee from expressing his views on
(5) Temporary employees of the Government shall be given such current political problems or issues, or from mentioning the names
protection as may be provided by law. of candidates for public office whom he supports.
(6) All public officers & employees shall take an oath or affirmation to (2) Apply to department secretaries or cabinet members
uphold & defend this Constitution. (3) Apply to government officials holding political offices, such as —
(a) The President of the Philippines
4) SECURITY OF TENURE (b) The Vice President of the Philippines
a) Right To Security Of Tenure Of Members Of The Civil Service (c) The Executive Secretary/Department Secretaries & other
i) No officer or employee of the civil service shall be removed or Members of the Cabinet
suspended except for cause provided by law (d) All other elective officials at all levels
b) Who are NOT entitled to security of tenure? (e) Those in the personal & confidential staff of the above officials
i) Those with invalid appointment
ii) Those who do not posses the proper qualifications for the office 6) SELF-ORGANIZATION
iii) Temporary appointees may be removed anytime even without cause a) The right to self-organization shall not be denied to government employees
b) Do members of the Civil Service have the right to strike?
i) NO. The right to organize does not include the right to strike.
c) Do members of the Civil Service have the right to unionize?
i) YES. Under the Constitution, members of the Civil Service can
5) PARTISAN POLITICAL ACTIVITY unionize
a) Prohibition On Engaging In Electioneering Or Partisan Political Campaign
i) No officer or employee in the civil service shall engage, directly or 7) TEMPORARY EMPLOYEES
indirectly, in any electioneering or partisan political campaign a) They generally do not have a fixed term & may be replaced at pleasure
ii) Partisan political activity means active support for or affiliation with the b) Under RA 6850, all government employees holding career civil service
cause of a political party or candidate. This includes (Civil Service positions appointed under provisional or temporary status who have
Rules, Rule 18, Sec. 14) — rendered at least 7 years of efficient service may be granted the civil service
(1) Being a candidate for any political convention eligibility that will qualify them for permanent appointment
(2) Being an officer or member of any political committee, party or
organization 8) OBJECTIVES OF THE CIVIL SERVICE
(3) Delivering speeches, canvassing, or soliciting votes, political a) Powers & Functions Of The Civil Service Commission
support, or contributions for any political party or candidate i) It is the central personnel agency of the Government
(4) In general being actively identified with the success or failure of
any candidate for election to public office.
ii) It shall establish a career service & adopt measures to promote morale, (1) EXCEPT — If the Constitution itself provides otherwise, such as
efficiency, integrity, responsiveness, progressiveness, & courtesy in the (a) The Vice-President may be appointed member of the Cabinet.
civil service. (b) A Member of Congress is designated to sit in the Judicial &
iii) It shall strengthen the merit & rewards system, integrate all human Bar Council as an ex-officio member
resources development programs for all levels & ranks, & (2) This applies to all elective positions
institutionalize a management climate conducive to public iii) No appointive official shall hold any other office or employment in the
accountability government or any subdivision, agency or instrumentality thereof,
iv) It shall submit to the President & the Congress an annual report on its including government-owned or controlled corporations or their
personnel programs. subsidiaries
v) It may promulgate its own rules concerning pleadings & practice before (1) EXCEPT — In the following cases —
it or before any of its offices. Such rules, however, shall not diminish, (a) When otherwise allowed by law
increase, or modify substantive rights. (Art. 9[A], Sec. 6) (b) By the primary functions of his position
vi) It shall perform such other functions as may be provided by law. (Art. (2) Does this prohibition apply to the members of the Cabinet?
9[A], Sec. 8) (a) NO. The applicable rule is the stricter prohibition in Article 7,
b) Nature Of The Functions Of Civil Service Commission Section 13.
i) The Commission is an administrative agency, nothing more. As such, it iv) No elective or appointive public officer or employee shall receive
can only perform powers proper to an administrative agency. It can additional, double, or indirect compensation
perform executive powers, quasi-judicial powers, & quasi-legislative or (1) EXCEPT —when specifically authorized by law
rule-making powers. v) No elective or appointive public officer or employee shall accept any
present, emolument, office, or title of any kind from any foreign
9) OATH government
a) All public officials & employees take an oath to support & defend the (1) EXCEPT —when the Congress consents
constitution
11) STANDARDIZATION OF COMPENSATION
10) DISQUALIFICATIONS a) The Congress provides for the standardization of compensation
a) Disqualifications & Prohibitions On Elective & Appointive Officials In
General 12) DOUBLE COMPENSATION
i) No candidate who has lost in any election shall, within one year after a) Additional Compensation — when for one & the same office for which
such election, be appointed to any office in the government or any compensation has been fixed, there is added to such fixed compensation an
government-owned or controlled corporations or in any of their extra reward in the form of bonus & the like.
subsidiaries i) Thus, Ex Officio members of a Board are NOT entitled to per diems.
ii) No elective official shall be eligible for appointment or designation in ii) Bonus partakes of an additional remuneration or compensation
any capacity to any public office or position during his tenure
iii) Bonuses given to one whose compensation under the law is merely a c) How are members of the COMELEC appointed?
per diem violates the rule against additional compensation. i) The Chairman & the Commissioners shall be appointed by the President
b) Double Compensation — refers to two sets of compensation for two with the consent of the Commission on Appointments
different offices held concurrently by one officer ii) What is the term of a member of the COMELEC?
c) In the instances when holding a second office is allowed, when an officer (1) 7 years without reappointment
accepts a second office, he can draw the salary attached to such second (2) BUT — Observe the following rules —
office only when he is specifically authorized by law to receive double (a) Rule on staggering of terms — Of those first appointed, three
compensation. Members shall hold office for seven years, two Members for
d) The following are NOT considered as additional, double, or indirect five years, & the last Members for three years, without
compensation — reappointment.
i) Pensions & gratuities (b) Appointment to any vacancy shall be only for the unexpired
(1) This is the case even if the person has accepted another office, he term of the predecessor.
can still receive the pension or gratuities from his previous office (c) In no case shall any Member be appointed or designated in a
as such is considered as part of his unpaid salary for such previous temporary or acting capacity.
office. A retiree receiving pension or gratuity can continue to iii) In the absence of a Chairman of the COMELEC, may the President
receive such pension or gratuity even if he accepts another designate one of the COMELEC commissioners as acting Chairman?
government position to which another compensation is attached. (1) NO. The Commissioners of the COMELEC themselves must
ii) When a per diem or an allowance is given as reimbursement for designate who is to be the acting chairman, so as not to impair the
expenses incident to the discharge of an officer's duties independence of the commission.
CHAPTER 15 – THE COMMISSION ON ELECTIONS (ARTICLE IX) 2) POWERS & FUNCTIONS
a) POWERS & FUNCTIONS OF COMELEC
1) COMPOSITION & QUALIFICATIONS i) Enforce & administer all laws & regulations relative to the conduct of
a) What is the Composition of the COMELEC? an election, plebiscite, initiative, referendum, & recall.
i) 7 members — a Chairman & 6 Commissioners ii) Exercise exclusive original jurisdiction over all contests relating to the
b) What are the qualifications of the members of the COMELEC? elections, returns, & qualifications of all elective regional, provincial,
i) Natural-born citizens of the Philippines & city officials
ii) At least thirty-five years of age at the time of their appointment iii) Exercise appellate jurisdiction over all contests involving elective
iii) Holders of a college degree municipal officials decided by trial courts of general jurisdiction or
iv) Majority of the members, including the Chairman (at least 4 members), involving elective barangay officials decided by trial courts of limited
must members of the Philippine Bar who have been engaged in the jurisdiction.
practice of law for at least 10 years. (1) Decisions, final orders, or rulings of the Commission on election
v) Must not have been candidates for any elective position in the elections contests involving elective municipal & barangay offices shall be
immediately preceding their appointment final, executory, & not appealable.

iv) Decide all questions affecting elections, including determination of the viii) Investigate &, where appropriate, prosecute cases of violations of
number & location of polling places, appointment of election officials election laws, including acts or omissions constituting election frauds,
& inspectors, & registration of voters. offenses, & malpractices.
(1) EXCEPT — questions involving the right to vote (which is a matter (1) This means that the COMELEC has the “exclusive” power to
of judicial determination) conduct preliminary investigations in cases involving election
(2) BUT — In such case, the COMELEC may file, upon a verified offenses for the twin purpose of filing an information in court &
complaint, or on its own initiative, petitions in court for inclusion helping the Judge determine, during preliminary inquiry, whether a
or exclusion of voters warrant of arrest should be issued. The Commission on Elections
v) Deputize, with the concurrence of the President, law enforcement has exclusive jurisdiction to investigate, prosecute & try election
agencies & instrumentalities of the Government, including the Armed offenses.
Forces of the Philippines, for the exclusive purpose of ensuring free, (2) BUT — The phrase "where appropriate" leaves to the legislature
orderly, honest, peaceful, & credible elections. the power to determine the kind of election offenses that the
(1) While indeed the COMELEC is vested with exclusive power to COMELEC shall prosecute exclusively or concurrently with other
prosecute election offenses, the Constitution in Article IX, C, prosecuting arms of the government.
Section 2(4) likewise authorizes the COMELEC to deputize, with ix) Recommend to the Congress effective measures to minimize election
the consent of the President, other law enforcement agencies. The spending, including limitation of places where propaganda materials
acts of the delegated officers are in legal contemplation acts of the shall be posted, & to prevent & penalize all forms of election frauds,
COMELEC. offenses, malpractices, & nuisance candidacies.
x) Recommend to the President the removal of any officer or employee it
vi) Register, after sufficient publication, political parties, organizations, or has deputized, or the imposition of any other disciplinary action, for
coalitions violation or disregard of, or disobedience to, its directive, order, or
(1) In addition to other requirements, they must present their platform decision.
or program of government. xi) Submit to the President & the Congress, a comprehensive report on the
(2) The following cannot be registered — conduct of each election, plebiscite, initiative, referendum, or recall.
(a) Religious denominations & sects xii) During the election period, supervise or regulate the enjoyment or
(b) Those which seek to achieve their goals through violence or utilization of all franchises or permits for the operation of transportation
unlawful means, or refuse to uphold & adhere to this & other public utilities, media of communication or information, all
Constitution grants, special privileges, or concessions granted by the Government or
(c) Those supported by any foreign government any subdivision, agency, or instrumentality thereof, including any
(d) Those accepting financial contributions from foreign government owned or controlled corporation or its subsidiary.
governments or acts constituting interference in national affairs (1) Such supervision or regulation shall aim to ensure equal
vii) Accredit citizens' arms of the Commission on Elections. opportunity, & equal rates therefor, for public information
campaigns & forums among candidates in connection with the

objective of holding free, orderly, honest, peaceful, & credible ii) The COMELEC has the power exclude returns which were the product
elections. of coercion even if they be clean on their face.
xiii) Disallow a Presidential grant of any pardon, amnesty, parole, or iii) The Comelec has the authority to entertain the testimony of handwriting
suspension of sentence for violation of election laws, rules, & experts as proof of the falsity of the returns.
regulations f) Does the Comelec have jurisdiction over plebiscites?
(1) Executive clemency for violation of election laws requires the i) YES.
favorable recommendation of the COMELEC g) Does the Comelec have jurisdiction over intra-party disputes?
xiv) It may promulgate its own rules concerning pleadings & practice before i) YES. The COMELEC has the authority to ascertain the identity of a
it or before any of its offices. Such rules, however, shall not diminish, political party & its legitimate officers. The source of this authority is
increase, or modify substantive rights. (Art. 9[A], Sec. 6) no other than the fundamental law itself, which vests upon the
xv) It shall perform such other functions as may be provided by law. (Art. COMELEC the power & function to enforce & administer all laws &
9[A], Sec. 8) regulations relative to the conduct of an election
b) Does the COMELEC have jurisdiction to issue writs of certiorari, h) May the Commission promulgate rules & regulations for the
mandamus, quo warranto or habeas corpus? implementation of election laws?
i) YES. But only in aid of its appellate jurisdiction over election protest i) YES. Such power is deemed implicit in the power to implement
cases involving elective municipal officials decided by courts of general regulations.
jurisdiction, as provided for in Article IX (C), Section 2 of the 1987 i) What is there is a conflict between the procedural rules of the COEMLEC
Constitution & the Rules of Court?
c) Does the COMELEC have “contempt” powers? i) If the proceeding is before the Commission, the Commission rule
i) YES. But while the Commission may punish for contempt, such power should prevail; but if the proceeding is in court, the Rules of Court
may not be exercised in connection with its purely executive or should prevail.
ministerial functions but only in furtherance of its quasi-judicial and j) Does the Commission have the power to transfer municipalities from one
now also judicial functions. congressional district to another for the purpose of preserving
d) Does the COMELEC have the power to exclude “statistically improbable proportionality?
election returns”? i) NO. This is not one of the broad powers granted by Section 2(2).
i) YES. The Supreme Court, in acknowledging the broad sweep of the Neither is it what is referred to by the Ordinance Appended to the
Comelec's constitutional power to insure free, orderly, and honest Constitution, Sections 2 & 3, authorizing the Commission to make
elections, recognized in the Commission a power which already partook "minor adjustments." The deliberations of the Constitutional
of the "curative" power to nullify improperly made canvass. The Commission on the subject clearly excluded the power to transfer whole
COMELEC has the authority to exclude what the Court characterized municipalities.
as statistically improbable returns. k) What is the scope of the power of the Commission over deputized officers?
e) Does the COMELEC have the power to exclude “false or fraudulent election i) The power of the Commission over deputized officers under Section
returns” 2(6) covers not just criminal cases but also administrative cases. Thus,
i) YES. This power has been upheld in several cases. where the Commission has deputized a City Prosecutor as election
canvasser, such Prosecutor cannot claim immunity from the power of who between them has obtained the majority of the legal votes cast &
the Commission on the argument that he comes under the executive is entitled to hold the office. It can only be filed by a candidate who has
department. The Commission has power over all persons required by duly filed a certificate of candidacy & has been voted for in the
law to perform duties relative to the conduct of elections. However, preceding elections.
under Section 2(8), the Commission may merely issue a ii) Quo warranto — refers to questions of disloyalty to the State, or of
recommendation for disciplinary action to the President. ineligibility of the winning candidate. The objective of the action is to
l) Does the COMELEC have the power to decide whether a person has the unseat the ineligible person from the office, but not to install the
constitutional qualifications to be voted for even in national elections? petitioner in his place.
i) YES, Before proclamation, any problem should be resolved in a "pre- (1) Any voter may initiate the action, which is, strictly speaking, not a
proclamation" proceeding by the Commission because of its powers contest where the parties strive for supremacy because the
under Art. 9[C] Sections 2(1) & (3). The only questions that may not be petitioner will not be seated even if the respondent may be
touched by the Commission are "those involving the right to vote." unseated.
Hence, before proclamation, the Commission has the authority to decide o) What is the difference between the jurisdiction of the COMELEC before
whether a person has the constitutional qualifications needed to be proclamation & its jurisdiction after proclamation? What is the difference
voted for even on the national level. between the jurisdiction of the COMELEC over a pre-proclamation
m) Who decides questions involving "elections, returns, & qualifications" of controversy & its jurisdiction over an “electoral contest?”
congressional & presidential candidates, is it the COMELEC or the i) Jurisdiction over a “pre-proclamation controversy” — is administrative
Electoral Tribunals? or quasi-judicial & is governed by the less stringent requirements of
i) COMELEC — If filed prior to proclamation, oath & assumption of administrative due process (although the Supreme Court has insisted
office that question on "qualifications" should be decided only after a full-
(1) This is through a pre-proclamation controversy dress hearing)
ii) SET/HRET/PET — If filed after proclamation, oath & assumption of ii) Jurisdiction over “contests" — is judicial & is governed by the
office requirements of judicial process. Hence, even in the case of regional or
(1) This is through a quo warranto petition or election contest provincial or city offices, it does make a difference whether the
(2) Once a winning candidate has been proclaimed, taken his oath, & COMELEC will treat it as a pre-proclamation controversy or as a
assumed office as a Member of the House of Representatives, contest.
COMELEC's jurisdiction over election contests relating to his p) If a proclaimed winner mayor/governor is subsequently declared to be
election, returns, & qualifications ends, & the HRETs own disqualified does the second placer or the vice-mayor/governor take his
jurisdiction begins. place?
n) What is the difference between a quo warranto petition & an election i) If the ground for disqualification arose after the filing of the certificate
contest? of candidacy (such that the COC is not void) — The rules of succession
i) Election protest — proposes to oust the winning candidate from office. in Sec. 44 of the LGC applies, the officer next in rank succeeds him
It is strictly a contest between the defeated & the winning candidates, (such as if a permanent vacancy occurs in the office of the governor or
based on the grounds of electoral frauds & irregularities, to determine
Mayor, the vice- governor or vice-mayor concerned shall become the or other similar bodies. However, they shall be entitled to appoint poll
governor or Mayor) watchers in accordance with law.
(1) Generally, where the person elected in ineligible, the court cannot
declare that candidate occupying the second place as elected, even 5) FUNDS
if he were eligible, since the law only authorizes a declaration of a) Article 9, Section 11. Funds certified by the Commission as necessary to
election in favor of the person obtaining the plurality of votes. defray the expenses for holding regular & special elections, plebiscites,
ii) If the ground for disqualification was existent at the time when the initiatives, referenda, & recalls, shall be provided in the regular or special
certificate of candidacy was filed (such that the COC is deemed void) appropriations &, once approved, shall be released automatically upon
— then the second placer takes his place as the candidate is deemed certification by the Chairman of the Commission.
never to have been a candidate at all, & the votes for him will just be
disregarded 6) JUDICIAL REVIEW
a) The power of review by the SC is available against the decisions, orders or
3) ELECTION PERIOD rulings rendered by the COMELEC in an election contest but also those
a) Article 9, Section 9. Unless otherwise fixed by the Commission in special relating to the exercise of its quasi-judicial powers
cases, the election period shall commence ninety days before the day of
election & shall end thirty days thereafter.
CHAPTER 16 – THE COMMISSION ON AUDIT (ARTICLE IX)
1) COMPOSITION & QUALIFICATIONS

a) Composition
i) 3 members — a Chairman and two Commissioners
4) PARTY SYSTEM b) What are the qualifications of the members of the Civil Service
a) Article 9 Commission?
i) Section 6. A free & open party system shall be allowed to evolve i) Natural-born citizens of the Philippines
according to the free choice of the people, subject to the provisions of ii) At least thirty-five years of age at the time of their appointment
this Article. iii) Certified public accountants with at least 10 years of auditing
ii) Section 7. No votes cast in favor of a political party, organization, or experience or members of the Philippine Bar who have been in the
coalition shall be valid, except for those registered under the party-list practice of law for at least 10 years
system as provided in this Constitution. iv) Must not have been candidates for any elective position in the elections
iii) Section 8. Political parties, or organizations or coalitions registered immediately preceding their appointment
under the party-list system, shall not be represented in the voters'
registration boards, boards of election inspectors, boards of canvassers, 2) POWERS & FUNCTIONS

a) Examine, audit, and settle all accounts pertaining to the revenue and receipts stipulated in government contracts when found to be irregular,
of, and expenditures or uses of funds and property owned or held in trust or extravagant, or unconscionable.
pertaining to, the Government. e) It may promulgate its own rules concerning pleadings and practice before it
i) On post-audit basis — Constitutional Commissions and bodies or or before any of its offices. Such rules, however, shall not diminish,
offices granted fiscal autonomy under the Constitution; autonomous increase, or modify substantive rights. (Art. 9[A], Sec. 6)
state colleges and universities; other government-owned or controlled f) It shall perform such other functions as may be provided by law. (Art. 9[A],
corporations and their subsidiaries; and non-governmental entities Sec. 8)
receiving subsidy or equity, directly or indirectly, from or through the
government 3) PROHIBITED EXEMPTIONS
ii) Temporary or special pre-audit — Where the internal control system of a) No law shall be passed that will exempt any entity of the government or its
the audited agency is inadequate. subsidiary from the jurisdiction of the CoA
iii) What is the jurisdiction of the Commission on Audit?
(1) The Commission on Audit has audit jurisdiction over “government- 4) REPORTS
owned and controlled corporations with original charters, as well a) Annual report shall be submitted to the President & the Congress covering
as government- owned or controlled corporations without original the financial condition & operation of the government
charters. The nature or purpose of the corporation is not material in
determining COA’s audit jurisdiction. Neither is the manner of
creation of a corporation, whether under a general or special law
b) Keep the general accounts of Government and preserve vouchers and
supporting papers for such period as provided by law.
c) Authority to define the scope of its audit and examination, establish
techniques and methods required therefor
ARTICLE XI - Accountability of Public Officers
i) The power of the Commission to define the scope of its audit and to
promulgate auditing rules and regulations and the power to disallow
SECTION 1. Public office is a public trust. Public officers and employees
unnecessary expenditures, is exclusive, but its power to examine and
must at all times be accountable to the people, serve them with utmost
audit is not exclusive.
responsibility, integrity, loyalty, and efficiency, act with patriotism and justice,
d) Promulgate accounting and auditing rules and regulations, including those
and lead modest lives.
for the prevention and disallowance of irregular, unnecessary, expensive,
extravagant, or unconscionable expenditures or uses of government funds
SECTION 2. The President, the Vice-President, the Members of the
or property.
Supreme Court, the Members of the Constitutional Commissions, and the
i) Under the 1987 Constitution, with its expanded powers, the
Ombudsman may be removed from office, on impeachment for, and
Commission on Audit may validly veto appropriations which violate
conviction of, culpable violation of the Constitution, treason, bribery, graft and
rules on unnecessary, irregular, extravagant or unconscionable
corruption, other high crimes, or betrayal of public trust. All other public
expenses. The Commission on Audit may stop the payment of the price
officers and employees may be removed from office as provided by law, but shall be convicted without the concurrence of two-thirds of all the Members
not by impeachment. of the Senate.
SECTION 3. (1) The House of Representatives shall have the exclusive (7) Judgment in cases of impeachment shall not extend further than
power to initiate all cases of impeachment. removal from office and disqualification to hold any office under the Republic
of the Philippines, but the party convicted shall nevertheless be liable and
(2) A verified complaint for impeachment may be filed by any Member subject to prosecution, trial, and punishment according to law.
of the House of Representatives or by any citizen upon a resolution of
endorsement by any Member thereof, which shall be included in the Order of (8) The Congress shall promulgate its rules on impeachment to
Business within ten session days, and referred to the proper Committee effectively carry out the purpose of this section.
within three session days thereafter. The Committee, after hearing, and by a
majority vote of all its Members, shall submit its report to the House within SECTION 4. The present anti-graft court known as the Sandiganbayan shall
sixty session days from such referral, together with the corresponding continue to function and exercise its jurisdiction as now or hereafter may be
resolution. The resolution shall be calendared for consideration by the House provided by law.
within ten session days from receipt thereof.
SECTION 5. There is hereby created the independent Office of the
(3) A vote of at least one-third of all the Members of the House shall Ombudsman, composed of the Ombudsman to be known as Tanodbayan,
be necessary either to affirm a favorable resolution with the Articles of one overall Deputy and at least one Deputy each for Luzon, Visayas, and
Impeachment of the Committee, or override its contrary resolution. The vote Mindanao. A separate Deputy for the military establishment may likewise be
of each Member shall be recorded. appointed.
(4) In case the verified complaint or resolution of impeachment is filed SECTION 6. The officials and employees of the Office of the Ombudsman,
by at least one-third of all the Members of the House, the same shall other than the Deputies, shall be appointed by the Ombudsman according to
constitute the Articles of Impeachment, and trial by the Senate shall forthwith the Civil Service Law.
proceed.
SECTION 7. The existing Tanodbayan shall hereafter be known as the Office
(5) No impeachment proceedings shall be initiated against the same of the Special Prosecutor. It shall continue to function and exercise its powers
official more than once within a period of one year. as now or hereafter may be provided by law, except those conferred on the
Office of the Ombudsman created under this Constitution.
(6) The Senate shall have the sole power to try and decide all cases
of impeachment. When sitting for that purpose, the Senators shall be on oath SECTION 8. The Ombudsman and his Deputies shall be natural-born
or affirmation. When the President of the Philippines is on trial, the Chief citizens of the Philippines, and at the time of their appointment, at least forty
Justice of the Supreme Court shall preside, but shall not vote. No person years old, of recognized probity and independence, and members of the
Philippine Bar, and must not have been candidates for any elective office in
the immediately preceding election. The Ombudsman must have for ten
years or more been a judge or engaged in the practice of law in the (2) Direct, upon complaint or at its own instance, any public official or
Philippines. employee of the Government, or any subdivision, agency or instrumentality
thereof, as well as of any government-owned or controlled corporation with
During their tenure, they shall be subject to the same disqualifications and original charter, to perform and expedite any act or duty required by law, or
prohibitions as provided for in Section 2 of Article IX-A of this Constitution. to stop, prevent, and correct any abuse or impropriety in the performance of
duties.
SECTION 9. The Ombudsman and his Deputies shall be appointed by the
President from a list of at least six nominees prepared by the Judicial and (3) Direct the officer concerned to take appropriate action against a
Bar Council, and from a list of three nominees for every vacancy thereafter. public official or employee at fault, and recommend his removal, suspension,
Such appointments shall require no confirmation. All vacancies shall be filled demotion, fine, censure, or prosecution, and ensure compliance therewith.
within three months after they occur.
(4) Direct the officer concerned, in any appropriate case, and subject
SECTION 10. The Ombudsman and his Deputies shall have the rank of to such limitations as may be provided by law, to furnish it with copies of
Chairman and Members, respectively, of the Constitutional Commissions, documents relating to contracts or transactions entered into by his office
and they shall receive the same salary, which shall not be decreased during involving the disbursement or use of public funds or properties, and report
their term of office. any irregularity to the Commission on Audit for appropriate action.
SECTION 11. The Ombudsman and his Deputies shall serve for a term of (5) Request any government agency for assistance and information
seven years without reappointment. They shall not be qualified to run for any necessary in the discharge of its responsibilities, and to examine, if
office in the election immediately succeeding their cessation from office. necessary, pertinent records and documents.
SECTION 12. The Ombudsman and his Deputies, as protectors of the (6) Publicize matters covered by its investigation when
people, shall act promptly on complaints filed in any form or manner against circumstances so warrant and with due prudence.
public officials or employees of the Government, or any subdivision, agency
or instrumentality thereof, including government-owned or controlled (7) Determine the causes of inefficiency, red tape, mismanagement,
corporations, and shall, in appropriate cases, notify the complainants of the fraud, and corruption in the Government and make recommendations for
action taken and the result thereof. their elimination and the observance of high standards of ethics and
efficiency.
SECTION 13. The Office of the Ombudsman shall have the following powers,
functions, and duties: (8) Promulgate its rules of procedure and exercise such other powers
or perform such functions or duties as may be provided by law.
(1) Investigate on its own, or on complaint by any person, any act or
omission of any public official, employee, office or agency, when such act or
omission appears to be illegal, unjust, improper, or inefficient.
SECTION 14. The Office of the Ombudsman shall enjoy fiscal autonomy. Its 1) IMPEACHMENT
approved annual appropriations shall be automatically and regularly a) IMPEACHABLE OFFICERS
released.
SECTION 15. The right of the State to recover properties unlawfully acquired b) GROUNDS FOR IMPEACHMENT
by public officials or employees, from them or from their nominees or
transferees, shall not be barred by prescription, laches, or estoppel.
c) PROCEDURE
SECTION 16. No loan, guaranty, or other form of financial accommodation
for any business purpose may be granted, directly or indirectly, by any
government-owned or controlled bank or financial institution to the President,
the Vice-President, the Members of the Cabinet, the Congress, the Supreme d) JUDGMENT
Court, and the Constitutional Commissions, the Ombudsman, or to any firm
or entity in which they have controlling interest, during their tenure.
2) THE SANDIGANBAYAN
SECTION 17. A public officer or employee shall, upon assumption of office
and as often thereafter as may be required by law, submit a declaration under
oath of his assets, liabilities, and net worth. In the case of the President, the 3) THE OMBUDSMAN
Vice-President, the Members of the Cabinet, the Congress, the Supreme a) COMPOSITION
Court, the Constitutional Commissions and other constitutional offices, and
officers of the armed forces with general or flag rank, the declaration shall be
disclosed to the public in the manner provided by law. b) QUALIFICATIONS & APPOINTMENT
SECTION 18. Public officers and employees owe the State and this
Constitution allegiance at all times, and any public officer or employee who
c) TERM
seeks to change his citizenship or acquire the status of an immigrant of
another country during his tenure shall be dealt with by law.
d) POWERS & FUNCTIONS
CHAPTER 17 – ACCOUNTABILITY OF PUBLIC OFFICERS e) SALARY

f) DEPUTY OMBUDSMAN & PERSONNEL OF THE OFFICE OF THE
OMBUDSMAN
4) THE SPECIAL PROSECUTOR
5) ILL-GOTTEN WEALTH
6) LOANS
7) ASSETS & LIABILITIES
8) CHANGE OF CITIZENSHIP


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Constitutional Law 1: Finals Reviewer cities, & the Metropolitan Manila area in accordance with the number of their

CONSTITUTIONAL LAW 1: FINALS REVIEWER | SBCA-SOL | AY 2021-2022 | FIRST SEMESTER | 6

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CONSTITUTIONAL LAW 1: FINALS REVIEWER | SBCA-SOL | AY 2021-2022 | FIRST SEMESTER | 38

CONSTITUTIONAL LAW 1: FINALS REVIEWER | SBCA-SOL | AY 2021-2022 | FIRST SEMESTER | 39

CONSTITUTIONAL LAW 1: FINALS REVIEWER | SBCA-SOL | AY 2021-2022 | FIRST SEMESTER | 41

CONSTITUTIONAL LAW 1: FINALS REVIEWER | SBCA-SOL | AY 2021-2022 | FIRST SEMESTER | 42

CONSTITUTIONAL LAW 1: FINALS REVIEWER | SBCA-SOL | AY 2021-2022 | FIRST SEMESTER | 43

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CONSTITUTIONAL LAW 1: FINALS REVIEWER | SBCA-SOL | AY 2021-2022 | FIRST SEMESTER | 45

10) THE INFORMING POWER

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SECTION 14. No decision shall be rendered by any court without expressing

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CONSTITUTIONAL LAW 1: FINALS REVIEWER | SBCA-SOL | AY 2021-2022 | FIRST SEMESTER | 59

14) PERIODS FOR DECISION

CONSTITUTIONAL LAW 1: FINALS REVIEWER | SBCA-SOL | AY 2021-2022 | FIRST SEMESTER | 60

CHAPTER 13 – THE CONSTITUTIONAL COMMISSIONS (ARTICLE IX) 5) OTHER PERQUISITES

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CONSTITUTIONAL LAW 1: FINALS REVIEWER | SBCA-SOL | AY 2021-2022 | FIRST SEMESTER | 72

CONSTITUTIONAL LAW 1: FINALS REVIEWER | SBCA-SOL | AY 2021-2022 | FIRST SEMESTER | 73

1) COMPOSITION & QUALIFICATIONS

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d) POWERS & FUNCTIONS

CHAPTER 17 – ACCOUNTABILITY OF PUBLIC OFFICERS e) SALARY

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4) THE SPECIAL PROSECUTOR

7) ASSETS & LIABILITIES

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