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Consti Reviewer Constitutional Reviewer For Isagani Cruz
Consti Reviewer Constitutional Reviewer For Isagani Cruz
POLITICAL LAW (Consti 1-2, Admin, Law of P.O for political ends to which the great body of
and Law on Municipal Corpo) inhabitants render habitual obedience.
- Branch of public law which deals with the
organization and operations of the governmental STATE VS. NATION VS. GOV’T VS.
organs of the State and defines the relations of the ADMINISTRATION
State with the inhabitants of its territory. NATION Actually consist of several states; Racial
or ethnic concept.
NECESSITY FOR THE STUDY:
Ex.
Every Citizen, regardless of calling, should understand
1. Arab Nation ( Egypt, Iraq, Saudi, etc)
the mechanics and motivations of his government. This
2. USA/UK (one state composed of several
is must be because “sovereignty resides in the people
nations)
and all government authority emanates from them”.
State Legal concept
- Art XIV, Sec 3(1)- “ All educational
Government only an element of the State; State is
institutions shall include the study of the consti
the principal, Gov’t is only an agent; State itself is an
as part of the curricula.
abstraction, it is the gov’t that externalizes the state
CHAPTER 2. The Constitution of the Philippines and articulates its will.
Administration group of persons in whose hands
1987 Phil Con 4th fundamental law to govern the the reins of the gov’t are for the time being.
PH since it became independent on July 4, 1946. Transitional whereas Government is permanent.
1st Commonwealth Constitution (1935)
2nd 1973 Constitution (Martial Law) ELEMENTS: (People, Territory, Gov’t and
3rd Freedom Constitution (Revolutionary Sovereignty)
Constitution- Cory’s Regime after martial law, pending Note: BANGSAMORO MOA. “Associated State”
the adoption of permanent constitution) Unconstitutional. The concept presupposes
that the associated entity (BJE) is a state and
OUTSTANDING FEATURES: (1987) implies that the same is on its way to
- LENGTHY. Inclusion of provisions that should independence.
have been embodied only in implementing statutes A. PEOPLE inhabitants of the state
to be enacted by the legislature. - No legal requirement. “Numerous enough to
Sounds like a political speech rather than a be self-sufficing and to defend themselves and
formal document stating only basic precepts. small enough to be easily administered and
Inclusion of certain topics that certainly, by any sustained”
criterion HAVE NO PLACE IN THE CONSTI. :D B. TERRITORY fixed portion of the surface of
a. 1935 Provisions in re: Executive and the earth inhabited by the people of the state.
legislative ( Revival of the Bicameral - PRACTICAL requirement. “Neither too big as
Congress) to be difficult to be administer and defend nor
- Independence of the Judiciary. They can too small as to be unable to provide for the
decide on political questions originally beyond needs of the population.
their jurisdiction. 1. Terrestrial Domain Land Mass
b. 1973 Provisions in re: ConCom and Local 2. Maritime/Fluvial Domain Internal and External
Gov’t. Waters
- Bill of Rights have been bolstered. 3. Aerial Domain Air space above L & W.
SUPREMACY OF THE CONSTITUTION Basic
and paramount law to which all other laws must Basis: NATIONAL TERRITORY. Art 1 of the 1987
conform and to which all persons, including the PhilCon
highest officials of the land, must defer. NOTE: This article deleted the reference to the
- No act shall be valid, however noble the territories we claim “by historical right or legal title”
intentions, if it conflicts with the constitution. BUT THIS DOES NOT MEAN an outright or
formal abandonment of such claim, which was best
CHAPTER 3- Concept of the State left to a judicial body capable of passing judgment
STATE a community of persons, more or less over the issue.
numerous, permanently occupying a definite portion of The definition of the baselines of the territorial sea
territory, possessed of an independent gov’t organized of the PH Archipelago (RA 5446) is w/o prejudice
to the delineation of the territorial sea around the
3. That which is established and maintained by MUNICIPAL LAWS (Non-political laws) are
military forces who invade and occupy a deemed continued unless changes by the
territory of the enemy in the course of the war, Belligerent Occupant since they only governed
and which is denominated as a government of private relations and are not generally affected by
paramount force. the changes in regimes or rulers.
**Its existence is maintained by active military power 2. The rules suspending political laws affects only the
w/in the territories, and against the rightful authority of civilian inhabitants of the occupied territory and is
an established and lawful gov’t. They are obeyed in not intended to bind the enemies in arms.
civil matters by private citizens who, by acts of - RUFFY VS. CHIEF OF STAFF
obedience rendered submission to such force, do not Members of the Armed Forces continued to be
become responsible, as wrongdoers, for those acts covered by the National Defense Act, Articles
though not warranted by the laws of the rightful gov’t. I of War and other laws relating to the Armed
Forces during the Japanese Occupation.
- (LAUREL VS. MISA)
**In re: Corazon Aquino Regime. The rules suspending political laws does not
The people accepted the gov’t of PresCOn which is in apply to LAW ON TREASON although
effective control of the entire country so that it is not political in character.
merely a de facto gov’t but in fact and law a de jure Belligerent O. has no power to suspend the
gov’t. Moreover, the community of nations has operation of the law of treason, essential
recognized the legitimacy of the present gov’t. for the preservation of the allegiance owed by the
inhabitants to their legit gov’t or compel them to
D. SOVEREIGNTY supreme and uncontrollable adhere and give aid or comfort to him; BECAUSE
power inherent in a State by which the State is IT IS EVIDENT THAT SUCH ACTION IS NOT
governed. NECESSARY FOR THE CONTROL OF THE
1. Legal S authority which the power to issue final INHABITANTS OR THE SAFETY AND
commands. PROTECTION OF HIS ARMY- Because it is
Congress tantamount to practically transferring temporarily
2. Political S. Power behind the legal sovereign, to the occupant the allegiance to the titular gov’t.
or a sum of the influences that operate upon it. 3. Judicial Decisions, valid during the occupation and
Different Sectors that mold PUBLIC even beyond except those of a political
OPINION complexion, which are AUTOMATICALLY
3. Internal Control its domestic affairs ANNULLED upon the restoration of the legitimate
4. External Direct its relations with other states. authority.
“INDEPENDENCE” - Person convicted of a political crime shall be
released.
CHARACTERISTICS (ICE PA!) B. Where there is CHANGE OF SOVEREIGNTY,
Imprescriptible, Inalienable, Indivisible. political laws of the former sovereignty are not
Comprehensive, Exclusive, Permanent, Absolute merely suspended BUT ABROGATED ipso facto
unless they are retained or re-enacted by the
EFFECTS: positive act of the new sovereign.
A. S. is not suspended although ACTS OF - MUNICIPAL LAWS (Non-political laws)
SOVEREIGNTY cannot be exercised by the are deemed continued unless changes by the
legitimate authority. Belligerent Occupant since they only governed
- S. over the PH remained with the USA during private relations and are not generally affected
the Japanese Occupation of our country by the changes in regimes or rulers UNLESS
although the Americans could not exercise they are changed by the new sovereign or
control over the occupied territory at the time. contrary to its institution.
- What the Belligerent Occupant took over was
only the exercise of the Acts of Sovereignty. ACT OF STATE
1. There being no change of sovereignty during - Act done by the sovereign power of a country,
Belligerent Occupation, the POLITICAL LAWS or its delegates, within the limits of the power
of the occupied territory are merely vested in him.
SUSPENDED, subject to REVIVAL under the - It cannot be questioned or made the subject of
JUS POSTLIMINUM upon the end of occupation. legal proceeding in any court of law.
With reference to POLITICAL LAW: Hence: The fact the the FS enters into a contract with
- Act of State are those acts done by the a private party in the host state would not necessarily
Political Department of the Gov’t and not result in the waiver of its sovereign immunity. The
subject to judicial review. character of the said contract would still need to be
Ex. President’s exercise of Diplomatic power. determined.
purpose of resisting his claim= No implied State, as the principal that may ultimately be
waiver. held liable, has given its consent to be sued.
1ST Ascertain first WON the agency impleaded is
2. Enters into a contract INCORPORATED OR UNINCORPORATED.
( commercial/private/proprietary) a. Incorporated Has a charter of its own that
a. Republic v. Sandiganbayan- State is then deemed invests it with a separate juridical personality.
to have divested itself of the mantle of immunity (SSS/UP/City of Manila)
and descended to the level of the ordinary Effect: The test of its suability is found in its
individual. Having done so, it becomes subject to charter. If its charter says so, this is true regardless of
judicial action and processes. the functions it is performing.
Note: When the state gives its consent to be sued, Ex. Municipal Corporations (Provinces and Cities).
it does not thereby consent to the execution of the - They are agencies of the state when they are
judgment against it. (RP vs. Villasor) Such engaged in gov’t functions and therefore should
execution will require another waiver, lacking of enjoy the sovereign immunity. Nevertheless, they
which the decision cannot be enforced against the are subject to suit even in the performance of such
State. functions because their charter provided that they
“Public funds cannot be the object of garnishment can sue and be sued.
proceedings even if the consent to be sued had b. Unincorporated no separate juridical
been previously granted and the state liability personality but is MERGED in the general
adjudged. The power of the courts ends when the machinery of the gov’t (DOJ, Bureau of Mines)
judgment is rendered, since government funds and Effect: Since it has no charter and therefore has no
properties may not be seized under writs of separate juridical personality, any suit filed against it is
execution/ garnishment to satisfy such judgments, necessarily an action against the Philippine Gov’t of
is based on obvious considerations of public which it is part.
policy. Disbursements of public funds must be - This being so, it is necessary to determine the
covered by the corresponding appropriation as NATURE of the functions in w/c the agency is
required by law” (Commissioner of Public engaged, so as to hold it suable if they are
Highways vs. San diego) proprietary and not suable if they are
(UP v. Dizon) SC emphasized the fundamental rule governmental.
that gov’t properties are not subject to levy and - Also, the non-suability of the State is available
execution: to the agency even if it shown that it is
- “A distinction must be made b/w gov’t funds and engaged not only in gov’t functions but also,
properties for public use and those not held for as a SIDELINE, or INCIDENTALLY, in
public use. proprietary capacity. (Necessary incident to
a. Properties held for public uses- not subject to its primary function)
levy and sale under execution. The same rule
applies to funds in the hands of a Public EXEMPTION FROM LEGAL REQUIREMENTS:
officer and taxes due to a municipal 1. Not required to put up a bond, or an appeal bond
corporation. since it can be assumed that it is ALWAYS
b. Properties owned by Municipal corporation SOLVENT.
in its proprietary capacity, property not used GR: This exemption does not apply to GOCC’s
for public purpose but for quasi private because they have legal personality distinct from their
purposes= Subject to execution. shareholders. Thus, while their majority SH, the state,
c. Property held for public purposes is not will always be presumed solvent, such exemption does
subject to execution merely because it is not extend to the GOCC itself.
temporarily used for private purposes. If the Exemption: When the GOCC becomes a gov’t
public use is wholly abandoned, such machinery to carry out a decared gov’t policy, it
property becomes subject to execution. becomes similarly situated as its majority SH as there
is the assurance that the gov’t will necessarily fund its
SUIT AGAINST GOVERNMENT AGENCIES: primary functions.
- Where suit is filed not against the gov’t itself 2. Cannot be generally asked to pay the legal fees
or its officials BUT AGAINST one of its prescribed in the RC or the cost of the suit. (LBP
ENTITIES, it must be ascertained WON the in the performance of its gov’t function in agrarian
reform proceedings= exempt)
Exemption: National Power Corporation and GSIS As the SC have pointed out, there are some
are not exempt from paying filing fees. provisions in the Consti that need not even have to
3. Interest is also not chargeable against it except be written therein.
when it has expressly stipulated to pay it or when By contrast, “the gov’t cannot point to the absence
the interest is allowed by an act of the legislature of an implementing legislation as an excuse in not
or in eminent domain cases where damages effecting such policy”.
sustained by the owner take the form of interest at PR EAMB LE
the legal rate. - Unlike in the 1935 Consti, the present consti is not
4. Statutes of Limitation do not run against the State couched in the 3rd person but in the 1st.
unless the contrary is expressly provided by law. Deepen the sense of involvement and
Except: State is engaged in private business participation in the promulgation of the consti.
Not a source of substantial rights since its purpose
SUABILITY VS. LIABILITY is only to introduce the constitution.
- The mere fact that the State is suable does not However, its function is not merely rhetorical as,
mean that it is liable. Waiver of immunity does in the first place, it serves to indicate the authors of
not mean concession of its liability, when, the consti, to wit, “we the sovereign Filipino
therefore, the State allows itself to be sued, all people”
it does in effect is to give the other party an - It enumerates the primary aims and aspirations of
opportunity to prove, if it can, that the state is the framers and are also helpful as an AID in the
liable. construction and interpretation of the consti.
Ex. Municipal corporations are suable because - It makes reference to an “Almighty god”. (Vast
their charters grant them the competence to sue majority of the Filipino people believe in an
and be sued. Nevertheless, they can only be held almighty god)
liable if it can be shown that they were acting in Certain sectors finds this to be inconsistent
a proprietary capacity when the tort was with the policy of separation of church and
committed. state and the establishment clause and
somehow lessens the significance of the
CHAPTER 5: FUNDAMENTAL PRINCIPLES provisions of Art 6, Sec 29, which prohibits
AND STATE POLICIES(Art 2, PhilCon) appropriations for sectarian purposes.
- Lay down the rules underlying our system of The constitution grants tax exemptions to
government and must therefore be adhered to in religious institutions and allows optional
the conduct of public affairs and the resolution of religious instruction in our public schools and
public issues. even full foreign ownership of religious
- Objective and limitations of governmental action schools.
in pursuit of the general goals announced in the Prayers preceding or marking gov’t activities-
Preamble. Some consider this as offensive to religious
- SC considered some of the provisions as “mere freedom, which includes freedom not to
legislative guides, which absent enabling believe.
legislation, do not embody enforceable - Estrada v. Escritor- respondent cohabited with
constitutional rights”.(non-self executing) a person other than her husband. Such
Examples: arrangement was sanctioned under here
Sec. 5 - maintenance of peace and order religion.
Sec 18- labor as primary social and economic force SC: Dismissed the suit invoking “benevolent
Sec 4- citizens may be required to render personal neutrality approach” which gives room for
military or civil service “under conditions provided by accommodation of religious exercises as
law” required by the FREE EXERCISE CLAUSE.
Sec 26- a clear policy against political dynasties; A clear exercise of her fundamental right to
Guarantees equal access to opportunities for public freedom of religion.
service. However, the definition of ‘political - “The heart has reasons of its own which reason
dynasties” has been left to Congress, which, to date, or does not know”. Deviation of the circumstances
more than 2 decades after the present constitution of their marriage from usual societal pattern
became effective, has been unable, or unwilling, to cannot be considered as a defiance of
implement this clear constitutional policy. contemporary social mores. (Chua-Qua vs. Clave)
**Congress is empowered to declare NOT WAR, but does not amount to an unconstitutional
“the existence of a state of war” presumably deprivation of jurisdiction of PH Courts.
commenced/ provoked by the enemy state. - Treaty has greater dignity than an EA; a
b. Principle of sovereign immunity ratified treaty, unlike an EA takes precedence
c. Pacta sunt servanda over any PRIOR STATUTORY
(Meaning, although PH is not a signatory to a ENACTMENT.
particular treaty/ international agreement, it may
still bind the PH if the same is embodied GAP of REARING OF THE YOUTH
IL) Sec 12. “The State recognizes the sanctity of family life
and shall protect and strengthen the family as a basic
In case of conflict b/w IL and ML: autonomous social institution.* It shall equally protect
1. HARMONIZE ,so as to give effect to both. For the life of the mother, and the life of the unborn from
this purpose, it should be presumed that ML was conception. The natural and primary right and duty of
enacted with proper regard for the GAP of IL. the parents in the rearing of the youth for civil
2. IRRECONCILABLE. efficiency and the development of moral character
a. Ichong v. Hernandez: (Invalidation of Retain shall receive the aid and support of the gov’t. ***
trade Nationalization ActGround: contravene - *Better home, the better the nation. It is in the
several treaties concluded by us which, under the family where children are born and molded
rule of pacta sunt servanda, a GAP of IL should be either to become useful citizens of the country
observed by us in GF. or troublemakers in the community.
It is the statute that should be upheld because it It is not closing the door on divorce, which is left
represented an exercise of the police power of the for the legislature to allow in its discretion.
state which, being inherent, could not be - **Seems to suggest a policy against abortion.
bargained away or surrendered through the Unborn child: dependent; Child:unborn fetus from
medium of a treaty. the mother’s womb.
b. Magalona v. Ermita (Necessity of the passage of - ***State intervention Police power: During the
RA 9552, which provided for NEW BASELINES child’s formative years, through the school where
for our archipelago, considering the permissive it is under the supervision and regulation of the
text of UNCLOS III, on which said law was based) state.
- SC ruled in favor of the law. It would actually be
more beneficial for the PH to have Sec 13. “The state recognizes the vital role of the
“internationally accepted baselines” or baselines youth in nation building*, and shall promote and
complaint with the provisions of UNCLOS III. protect their physical, moral, spiritual, intellectual and
Nevertheless, the prerogative of choosing this social well-being** It shall indicate in the youth
option belongs to Congress, not to this Court. patriotism and nationalism and encourage their
- Absent an UNCLOS III complaint baselines law, involvement in public and civic affairs”
an archipelagic state like the PH will find itself - *Responsibility, maturity and competence of
devoid or internationally accepted baselines from the youth in the discussion and solution of
where the breadth of its maritime zones and public issues vital force in nation building.
continental shelf is measured. The enactment of - **Prepare them when they assume their
UNCLOS III complaint baselines law for the PH responsibility of leadership
and adjacent areas, as embodied in RA 9552,
allows an internationally recognized delimitation WOMEN
of the breadth of the PH maritime zones and - RA 9262 VAWC law. Unconstitutional for
continental shelf. (Safeguard our maritime zones) violating EPC? NO. “The unequal power
c. Bayan Muna v. Romulo (Stipulation in a relationship b/w man and women and the fact that
treaty/EA providing for a State with the OPTION women are more likely than men to be victims of
to waive its criminal jurisdiction over foreigners violence, not to mention the widespread gender
who comit crime w/in its territory IS NOT bias and prejudice against women as basic
ABDICATION OF ITS SOVEREIGNTY. distinctions b/w men and women which justify the
- By virtue of the doctrine of incorporation, a “classification under the law” (Garcia vs. Drilon:
portion of a state’s sovereignty may be waived 2013)
w/o violating the constitution. Such waiver
SOCIAL JUSTICE
“SJ is not only meant to favor the poor. They apply Sec 3. Civilian authority is, at all times, supreme over
with equal force to those who, notwithstanding their the military. The AFP is the protector of the people
more comfortable position in life, are equally and the State. Its goal is to secure the sovereignty of
deserving of protection from the courts. SJ is not a the State and the integrity of the national territory.
license to trample on the rights of the rich in the guise - Although implicit in a republican system of
of defensing the poor, where no act of injustice or gov’t, this provision is necessary in order to
abuse is being committed against them” (Adriano v. allay all fear of a military takeover of our
Tanco; 2010) civilian gov’t.
Relate: Art 7, Sec 18. “ President, who is a civilian
- One cannot invoke SJ at the expense of the official shall be the commander-in0chief of all the
common welfare. (Petitioner’s refusal to leave the AFP”.
subject property has hindered the development of Net effect of Art 2, Sec 3 and Art 7, Sec 18.
the entire area) President is the ceremonial, administrative and
- SJ is not intended to countenanced wrongdoing legal head of the AFP. He is the nation’s supreme
simply because it is committed by the military leader.
underprivileged. At best it may mitigate the
penalty but it certainly will not condone the LOCAL AUTONOMY: “The State shall ensure the
offense. Those who invoke SJ may do so only if autonomy of local gov’ts.
their hands are clean and and not simply because Jeffersonian view: Municipal corporations are the
they happen to be poor. small republics from which the great ones derives its
strength.
“SJ is neither communism, nor despotism, nor Inhabitants will develop its own local resources
atomism, nor anarchy, but the humanization of laws and thereby contribute to the progress of the whole
and the equalization of social and economic forces by nation,
the State so that justice in its rational and objectively Involvement in the direction of public affairs as
secular conception my at least be approximated. member of the body politic.
“Salus populi est suprema lex”– (Calalang v. NOTE: LOCAL AUTONOMY IS NOT
Williams) INDEPENDENCE.
Art 12 of the 1987 Consti- ECONOMIC generally been a preparation for independence, is
NATIONALISM. NOT CONDUCIVE TO NATIONAL UNITY.
It does not impose a policy of Filipino monopoly Indigenous people situated w/in states do not have
of the economic development. The objective is a general right to independence or secession from
simply to PROHIBIT FOREIGN those states under IL, BUT they do have rights
POWERS/INTEREST from maneuvering our amounting to what was discussed above as right
economic policies and ensure that Filipinos are to internal self determination.
given preference in all areas of development. Right to Self-determination Right of the state to
- Congress open certain areas of the retail trade FREELY DETERMINE their political, economic,
business to foreign investments instead of social and cultural development.
reserving them exclusively to Filipino citizens. a. Internal self-determination a people’s pursuit
RA 8762 at some point lessens the restraint on the of its political status and freely pursue their
foreigners’ right to property or to engage in an economic, social and cultural development within
ordinarily lawful business, it cannot be said that the framework of an existing state.
the law amounts to a denial of the Filipinos’ right b. External Self-determination Establishment of a
to property and to due process of law. Filipinos sovereign and independent state, the free
continue to have the right to engage I the kinds of association or integration with an independent
retail business to which the law in question has state or the emergence into any other political
permitted t entry of foreign investors. (Hence, no status freely determined by a people.
vio of consti) 4. Section 23 (Non- governemental, community
2. Art 12, sec 11, which reserves franchises for public based, or sectoral organizations)
utilities to citizens of the PH or to corporations or 5. Section 26 (equal access to public service and
associations organized under the laws of the PH, at prohibit political dynasties); Sec 27 (honesty
least 60% of capital is owned by such citizens. and integrity in the public service and on
a. Gamboa v. Finance Secretary Term “capital” measures against graft and corruption) are to be
refers to shares of stock entitled to vote.( Common read in relation to Art 11, on Accountability of
shares unless preferred shares also have VR) Public Officers.
- 60%- Both the legal and beneficial title must
rest in the hands of Filipino nationals CHAPTER 6. SEPARATION OF POWERS
3. Art 12, sec 12, use of Filipino labor, domestic The 3 branches must discharge their functions w/in the
materials and locally produced goods and adopt limits of authority conferred by the Consti. Neither the
measures that help them make competitive. Congress, the President, nor the Judiciary MAY
ENCROACH on fields allocated to the other branches.
MISCELLANEOUS PROVISIONS (sections 15-17; - SC characterized the resolution of by the
22- 24, 26-28) Electoral Tribunals of election contests as
1. Sec 15 (health) & Sec 16 (balanced and “essentially an exercise of judicial power”
healthful ecology)- “need not even be written in although “subject to judicial review- via a
the consti for they are ASSUMED TO EXIST from petition for certiorari filed by the proper party-
the inception of humankind. if there is a showing that the decision was
2. Sec 28 (full public disclosure involving public rendered with GAD tantamount to lack or
interest) SELF EXECUTING PROVISION. It excess of J.
compliments the right to access to information on INTERDEPENDENCE and NOT
matters of public concern found in the Bill of INDEPENDENCE.
Rights. It recognizes the duty of the officialdom to While it is desirable that there be a certain
give information even if nobody demands it. degree of independence among them, it is not
3. Sec 22 (rights of indigenous cultural in the public interest for them to deal with
communities) each other at arms length or with hostility as
Province of North Cotabato v. Gov’t of the RP Peace this might result in frustration of common
panel on Ancestral Domain- SC annulled the MOA objectives of the gov’t.
establishing BANGSAMORO JURIDICAL ENTITY
as an “associated state”. PURPOSE
The act of placing a portion of the PH territory in a - Prevent a concentration of authority in one
status which, in international practice, has person or group of persons that might lead to an
irreversible error or abuse to the detriment of Illustration # 1: Lawmaking power of the Congress is
our republican institutions. checked by the President through his VETO power,
- It ordains that each of the 3 great branches of the which in turn may be overridden by the legislature.
gov’t has EXCLUSIVE cognizance of and is (Parties: Leg-Exec)
SUPREME in matters falling within its Illustration # 2: Congress may refuse to give
constitutionally allocated sphere. concurrence to an amnesty proclaimed by the President
Effect: and the Senate to a treaty he has concluded. (concurred
1. Legislature enactment of laws and may not in by at least 2/3 of ALL members of the Senate”)
enforce/apply them (Parties: Leg-Exec)
2. Executive enforcement but may not enact/apply Illustration # 3: President may nullify a conviction in
3. Judiciary application of laws and may not enact a criminal case by pardoning the offender. (Parties:
or enforce them. Exec- Jud)
- Courts cannot limit the application of a law/ Illustration # 4: Congress may limit the jurisdiction of
impose conditions not provided therein. To do the SC and that of inferior courts and even abolish the
so, “JUDICIAL LEGISLATION”. latter tribunals. (Parties: Leg-Jud)
Illustration # 5: Judiciary in general, has the power to
BLENDING OF POWERS declare invalid an act done by Congress, President and
When powers are not confined exclusively within 1 his subordinates, or ConCom. (Parties: Jud-Leg-Exec)
dep’t but are in fact SHARED by several departments.
In effect, they may better collaborate with and, in the ROLE OF THE JUDICIARY
process, check each other for the public good. While it is the Judiciary which sees to it that the
Effect: Difficulty in classifying which power is constitutional distribution of powers among the several
definitely L-E-J. departments is respected and observed, it does not
mean that it is SUPERIOR to the other departments.
What it is upholding is NOT its OWN supremacy, but
Illustration # 1: Preparation of the GENERAL the SUPREMACY OF THE CONSTITUTION.
APPROPRIATIONS LAW.
Begins with the preparation by the president of DUTY # 1:
the budget, which becomes the basis of the bill Ascertain WON a given power has been validly
adopted by the Congress and subsequently exercised by a particular dep’t.
submitted by it to the president, who MAY
approve it. CONSTITUTIONALLY conferred upon the
Illustration # 2: Grant of Amnesty by the President. department, claiming its exercise? Yes? Exercise
Requires the concurrence of a MAJORITY of sustained.
all members of the CONGRESS (Senate + a. Conferment of power is usually done expressly.
House) Legislative: Congress; Executive: President;
Illustration # 3: COMELEC does not ALONE Judiciary: SC. As may be readily noticed, there is
deputize law enforcement agencies and no problem as to the validity because they
instrumentalities of the gov’t for the purpose of honest naturally pertain to the agencies in which they
and peaceful election BUT with the CONSENT of the have been reposed.
PRESIDENT. BUT this is not always the case!!!
Illustration # 1. POWER TO IMPEACH, essentially
CHECKS AND BALANCES executive, and the power to try and decide
Compliments doctrine of SP. By means of which, one impeachment cases, essentially judicial, ARE
department is allowed to RESIST expressly lodged in the CONGRESS, as so too is the
ENCROACHMENTS upon its prerogatives or to power of investigation which is more exe or judi than
RECTIFY MISTAKES OR EXCESSES committed by legi.
other departments. Illustration # 2. SC can exercise the executive power
- System of Counteraction. of removal over judges of inferior courts although
- Ends of the gov’t are better achieved through appointed by the president. (Consti permits it)
the exercise by its agencies of only the powers Illustration # 3. President may be authorized by
assigned to them, subject to the reversal in Congress to exercise tariff powers and emergency
proper cases by those constitutionally powers, both of them legislative in nature. . (Consti
authorized. permits it)
produce certain vouchers relative to the expenses 10. Barcelon v. Baker and Montenegro (Nature of the
of an official mission. president’s power to determine the existence of the
2. Severino v. Governor-General Writ of grounds specified in the constitution for the
Mandamus to call a special election though this suspension of the privilege of the writ of HC)
duty was imposed on him by law in mandatory - This power was discretionary and therefore
language. not justiciable, on the justification of the
3. In re dick Discretionary power of the Chief superior competence of the president to assess
Executive to ascertain the necessity for the the peace and order condition of the country.
EXPULSION of an ALIEN for the protection of This doctrine was abandoned in Lansang v. Garcia.
the national interest. SC asserted the right to inquire into the factual basis of
- In ALL CASES, the powers involved were the suspension and to annul the same if it appeared
discretionary in the executive and therefore from its own investigation that the grounds invoked by
not subject to judicial compulsion. the president were not actually existing.
4. Aytona v. Castillo Appointing Power. Conflict However, this decision itself was later abandoned in
b/w the outgoing and incoming president. SC Garcia-Padilla v. Enrile, where the original ruling in
refused to assume jurisdiction on the ground of SP. the Barcelon and Montenegro case was reinstated to
5. De la Llana v. Comelec SC refused to restrain make the questioned power discretionary.
the HOLDING OF A REFERENDUM= The Latest: NO MORE. See: Art 7, Sec 18, PhilCon
calling thereof lay in the exclusive discretion of “SC may review, in an appropriate proceeding filed by
Pres Marcos. any citizen, the sufficiency of the factual basis of the
6. Custodio v. Senate President Certain provisions proclamation of martial law or the suspension of the
of GA law. SC refused to assume J. It affects the privilege of HC or the extension thereof”.
wisdom and proprietary of the law. Remedy:
Resort to the BAR OF PUBLIC OPINION. 11. Noblejas v. Teehankee. Administrative
7. Vera v. Avelino 3 senators were prevented from Investigation of an executive official should be
taking oath via reso of the senate. Went to the SC undertaken by the President and not the SC even
and alleged that only the Electoral Tribunal had if it was provided by law that such official had the
jurisdiction over contests relating to their election. rank and provileges of a judge of the RTC.
SC refused to assume jurisdiction. Case was not a - Neither may the SC be compelled by law to act as
“contest” and affirmed the inherent right of the a mere BOARD OF ARBITRATORS, an
legislature to determine who shall be admitted to essentially executive body, particularly because
its membership/punish members. whatever decisions it might make in the discharge
8. Philippine Coconut Producers Federation v. of its admin functions would ultimately have to be
Republic. “Corollary to the principle of SP is the reviewed by the SAME MEMBERS in the
doctrine of primary jurisdiction that the courts will exercise of its judicial functions.
defer to the decisions of the administrative officers BASIS: ART 8, sec 12. “Members of the SC and of
and agencies by reason of their expertise and other courts established by law SHALL NOT be
experience in the matters assigned to them. designated to ANY AGENCY performing QUASI-J or
9. Phil. Bar Assoc v. COMELEC. Snap Elections on ADMINISTRATIVE F.
February 7, 1986 by the Batasang Pambansa is a
political question resoluble only by the sovereign POLITICAL QUESTION under the 1987 Consti
electorate.
Scope of PQ appears to have been constricted because
IN re: Impeachment Proceeding (ART 2, Sec 3) of the new definition of JUDICIAL POWER, which
Proper committee of the HR shall submit a report now “includes the duty… to determine whether or not
on an impeachment complaint, together with its there has been a grave abuse of discretion amounting
corresponding resolution (Report + Reso) to the to lack or excess of jurisdiction on the part of any
House w/in 60 days from its referral to the same, branch or instrumentality of the Gov’t. Estrada v.
and said reso shall be calendared for consideration Desierto.
by the House w’in 10 days from receipt.
A vote of atleast 1/3 of ALL members of the HR Effect: Judicial Review is available even against the
shall be necessary to AFFIRM or OVERRIDE its Executive and Legislative Dept’s, including the
counter reso. president and the Congress, in the exercise of their
discretionary power.
Art 7, Sec 18. “SC may review, in an appropriate - SC nullified a similar PDAF Article in the
proceeding filed by any citizen, the sufficiency of 2013 GAA, stating among others “ THE 2013
the factual basis of the proclamation of martial law PDAF as well as ALL OTHER
or the suspension of the privilege of HC or the PROVISIONS of law which similarly allow
extension thereof”. legislators to wield any form of POST
The PROBLEM is: It is not clear what discretionary ENACTMENT AUTHORITY in the
acts are subject to JR, outside of those specifically implementation or enforcement of the
mentioned in the Constitution, and what acts remain budget, unrelated to congressional oversight,
prerogatives of the political departments that, even AS VIOLATIVE OF THE SP principle and
with the enlargement of judicial power, cannot be thus UNCONSTITUTIONAL”.
examined by the courts of justice. - 2013 PDAF Article confers post-enactment
- In any event: “The courts have no right to DIRECTLY identification authority to individual
decide matters over which FULL DISCRETIONARY legislators, violates the principle of NON –
AUTHORITY has been delegated to the Exec. Branch, DELEGABILITY since said legislators are
or to substitute their own judgments for that of the effectively allowed to individually exercise
Exec. Branch (ex. DOJ). the power of appropriation which as settled
- Courts will not interfere with the executive in Philconsa- is lodged in CONGRESS.
determination of probable cause for the purpose of 4. Petitioner Organization v. Executive Secretary.
filing an information, IN THE ABSENCE OF GRAVE Issue: Assumption of SC of jurisdiction over the
ABUSE OF DISCRETION: petitions questioning the constitutionality of
“It must be so patent and gross as to amount certain Eos issued by the President considering
to an evasion of a positive duty or a virtual that the were NO “ONGOING PROCEEDINGS”
refusal to perform appositive duty enjoined by before any board or tribunal which would have
law or to act at all in contemplation of law, warranted its exercise of its power of judicial
such as where the power is exercised in an review.
arbitrary and despotic manner” - “Where there are serious allegations that
a law has infringed the Consti, it becomes not only the
1. Neri v. Senate Committee on Accountability of right but the duty of the court to look into such
P.O. “Senate gravely abused its discretion in allegations and, when warranted, uphold the
citing the petitioner for contempt for his refusal to supremacy of the Consti. Also, where the issues
answer questions in the course of a legislative involved PUBLIC INTEREST, the court has the
inquiry. Reason: There is a legitimate claim of discretion to brush aside technicalities of procedure.
EXECUTIVE PRIVILEGE”.
2. Lawyers Against Monopoly and Poverty v. Sec of CHAPTER 7. DELEGATION OF POWERS
Budget and Management. “PDAF is “Potestas delegata non delegari potest”
constitutional. The proper procedure appeared to - What has been delegated cannot be delegated. It is
have been followed and petitioner had not based upon the ethical principle that such
adequately established that the said law constituted delegated power constitutes not only a right but a
an ENCROACHMENT ON EXEC. POWER by duty to be performed by the delegate through the
enabling legislators to propose and choose the instrumentality of his own judgment and not
projects for which said fund is to be used. through the intervening mind of another.
- To justify nullification: CLEAR AND - A further delegation of such power, unless
UNEQUIVOCAL and NOT A DOUBTFUL permitted by the sovereign power, would
BREACH of the Consti. In case of doubt, the constitute a negation of this duty in violation of the
Court must sustain the legislation because to trust reposed in the delate mandated to discharge it
invalidate a law based on BASELESS directly.
SUPPOSITION is an affront to the wisdom - This principle is APPLICABLE to ALL the 3
not only of the legislature that passed it but major powers of the gov’t but is especially
also of the executive which approved it. important in the case of the legislative power
3. Belgica v. Executive Secretary- Ruling in the because of the many instances when its delegation
Lawyers Against Monopoly and Poverty v. Sec of is permitted.
Budget and Management HAS BEEN Observation: Delegation (LP) has become
ABANDONED. the rule and non-delegation the exception:
Increasing complexities of the task of the gov’t
and the growing inability of the legislature to - EP are self-liquidating unless sooner withdrawn,
cope directly with the many problems in the sense that they will automatically cease
demanding its attention. upon the end of the emergency that justified their
Ex. Regulation of common carriers. delegation.
- Congress may then create an administrative - Conferment of EP on the Pres is NOT
body like the LTFRB and empower it to MANDATORY. The Congress may choose to on to
promulgate the needed rules and regulations, its legislative power and validly refuse to delegate
subject only to certain statutory limitations it; or should it decide to so, limit its duration and
pre-determined by the legislature itself. terminate it even before the end of the emergency.
- Better left to be solved by more capable - Existence of EMERGENCY does not
entities and at the same time enable it to automatically confer EP on the Pres. “Emergency
tackle the more serious problems. itself cannot and should not create power”.
- The mere continuance of the emergency does not
PERMISSIBLE DELEGATION: necessarily continue the President’s EP if they
1. Tariff Power to the Pres have been granted to him for a shorter period.
2. Emergency powers to the Pres - EP that is “necessary and proper” only for the
3. D. to the people at large purpose of carrying out a national policy.
4. D. to local gov’t A. Emergency Powers Cases
5. D. to Administrative bodies - Exercise by Pres Quirino of EP. At stake was the
validity of certain executive orders promulgated by
A. TARIFF POWERS [Sec 28 (2)] Pres. Quirino providing specifically for the
- Pres is granted STAND-BY or FLEXIBLE TP in appropriation of public funds in the operation of
the Tariff and Customs Code conformably to the the NG and the conduct of the 1949 elections, the
above provision. control of the exports, and the regulation of rentals
Reason: Necessity + Expediency, of giving the pres of residential lots and buildings. EOs INVALID
the authority to act immediately on certain matters because:
affecting the national economy lest delay result in “CA 671 became inoperative when Congress met
hardship to the people. in regular session in May 25, 1948 and that Eos
No were issued w/o authority of law”
Despite this decision, Pres. Quirino continued
B. EMERGENCY POWERS [Sec 23 (2)] exercising EP, promulgating 2 EOs appropriating
- In times of WAR or other NATIONAL public funds for public works and the relief of typhoon
EMERGENCY, it is not likely that a quorum can victims. These acts were challenged in the second
be convened in the Congress to enable it to do Emergency Power Cases, where the additional
business. Assuming such quorum, there is still the circumstance appeared that the Congress had passed
decisiveness and delay inherent in the lawmaking House Bill No. 727 repealing all EMERGENCY
process that may hamper effective solution of the Powers Acts except that this measure had been vetoed
problems caused by the emergency. by the Pres.
EFFECT: President becomes in effect a - “National Assembly intended it to be only for a
CONSTITUTIONAL DICTATOR. But in strict legal limited period. If it be contended that the Act has
theory, there is no total abdication of legislative not yet been duly repealed, and such step is
authority in his favor. necessary to a cessation of the EP delegated to the
- Subject to certain restrictions= AGENT rather Pres, the result would be obvious unconstitutional,
than a replacement of the legislature. since it may never be repealed by the Congress, or
if the latter ever attempts to do so, the Pres may
CONDITIONS: wield his veto. The situation will make the
1. There must be a war or other national emergency. Congress and the Pres to determine the indefinite
2. It must be limited for a LIMITED PERIOD. duration of the delegation of LP in palpable
3. Subject to such RESTRICTIONS as the Congress violation of the constitutional provision that any
may provide. grant thereunder must be for a limited period,
4. EP must be exercised to carry out a NATIONAL necessarily to be fixed by law itself and not
POLICY declared by Congress. dependent the will of the Congress/Pres”.
A. David v. Arroyo (2006). SC declared that, while legislature to the Local lawmaking bodies; PT is,
the PRESIDENT ALONE can declare a state of however, derived by them directly from the consti,
national emergency, he MAY NOT INVOKE subject to limitations that may be imposed by the
this provision to authorize him during the Congress.
emergency “to temporarily take over or direct the
operation of any privately owned public utility or DELEGATION TO ADMINISTRATIVE BODIES
business affected w/ public interest w/o authority Reason: (same,same LGU). With the proliferation of
from Congress.” specialized activities, the Congress has found it more
necessary to entrust to Admin Agencies the “POWER
B. Divinagracia v. Consolidated Broadcasting OF SUBORDINATE LEGISLATION’.
System Inc. (2009). SC acknowledged that the - With this power, admin bodies may implement
Pres has been authorized “ to exercise considerable the broad policies laid down in a statute by
infringements on the right of the franchisees to “filling in” the details which the Congress
operate their enterprise”. The court cited RA 7477 may not have the opportunity or competence
Se. 5, which provides that Pres in times of national to provide. (Ex. IRR)These regulations have
emergency may take over and operate stations in the force and effect of law.
the interest of public interest, or authorize the For an Admin Regulation to be VALID,
temporary use/operation thereof by any agency of 1. Promulgation must be authorized by the
the Gov’t, UPON DUE COMPENSATION to the legislature;
grantee, for the use of said stations during the 2. Must be w/in the scope of the authority given by
period when they shall be so operated. the legislature;
3. It must be promulgated in accordance w/ prescribe
DELEGATION TO THE PEOPLE procedure; and
“xx except in those cases where, by the consti, the 4. Reasonable.
people have expressly reserved to themselves a power
of decision, the function of legislation cannot be TESTS OF DELEGATION
exercised by them, even to the extent of accepting or QUESTION: WON the delegation has been validly
rejecting a law which has been framed for their made.
consideration xx” - IN ALL CASES, it must be circumscribed by
The people have voluntarily surrendered that LEGISLATIVE RESTRICTIONS. Otherwise,
power when they adopted the consti. (Democratic delegation itself in legal effect an ABDICATION OF
and Republican State)- “by representation”. LEGISLATIVE AUTHORITY, a total surrender by the
Referendum a method of submitting an important legislature of its prerogatives in favor of the delegate.
legislative measure to a DIRECT VOTE of the whole 1.THE COMPLETENESS TEST
people. - The law must be complete (sets forth therein the
Art 17, Sec 3 (c)- power of the electorate to policy to be executed, carried out or implemented
APPROVE or REJECT a LEGISLATION by the delegate) when it leaves the legislature so
through an election called for the purpose. that there will be nothing left for the delegate to do
Plebiscite “decree of the people”; questions EXCEPT TO ENFORCE IT.
submitted to the people are intended to work more If there are GAPS that will prevent its
permanent changes in the political structure, ex. enforcement unless they are first filled, the
PROPOSAL TO AMEND THE CONSTITUTION. delegate will then have the opportunity to
Art 17, Sec 3 (e)- The electoral process by step into the shoes of the legislature and to
which an initiative on the CONSTITUTION exercise a discretion especially legislative in
is approved or rejected by the people. order to repair the omissions. THIS IS
INVALID D.
DELEGATION TO LOCAL GOVERNMENTS
- LGU’s are more knowledgeable than the NG on 2. SUFFICIENT STANDARD TEST
matters of purely local concern and are therefore in - Intended to map out the boundaries of the
a better position to enact necessary and appropriate delegate’s authority by defining the
legislation thereon. legislative policy and indicating the
- NO transfer of genera legislative power. circumstances under w/c it is to be pursued
- Power of ED and, under the GWC, the police and effected.
power have been expressly delegated by the
2. When once established, it remains until a new one act, however noble remains to be invalid as
is acquired. long as it is in conflict with the consti.
3. Only 1 domicile at a time.
3. TERM (Art 6 and Art 18 respectively)
If one actually wants to EFFECT CHANGE OF
DOMICILE: Sec 4. The term of office of the SENATOR shall be 6
a. There must be an ACTUAL REMOVAL/ yrs. and shall commence on the noon of June 30
ACTUAL CHANGE of domicile; following their election.
b. Bonafide intention of abandoning former place of
residence and establishing a new one; and Sec 2. The Senators, Mem of the HR, and the local
c. Definite acts which correspond w/ the purpose. officials first elected under this Constitution (1987)
W/O THE CONCURRENCE OF THESE 3, shall serve until noon of June 30, 1992.
DOMICILE OF ORIGIN CONTINUES.
Of the Senators elected in the election in 1992, the
**Voter Registration/ Voting Strong presumption first 12 obtaining the highest number of votes shall
of residence but NOT CONCLUSIVE EVIDENCE. serve for 6 yrs and the remaining 12 for 3 yrs.
1. Perez v. Comelec. Person’s registration as voter in
one district other than his original residence is not The 24 senators first elected under this
sufficient to conclude that he is not registered Constitution on the second Monday of May 1987
somewhere else or that he has abandoned his served a term of only 5 years ending on June 30
original residence. 1992.
2. Limbona v Comelec. Marriage: Change of Of the 24 senators elected in 1992, the first 12
residence. obtaining the highest number of votes served the
- Presumed to have changed her domicile upon full term of 6 yrs. expiring in 1998, and the last
marriage/ operation of law consistent w/ the 12 served a term of only 3 years ending in 1995.
provisions of the Family Code to wit “ spouses The 12 senators elected in 1995 served the full
shall have a single family domicile, unless one of term of 6 yrs. Those elected in 1998 also served
them maintains a separate residence”. the full term of 6 years as so too those elected in
2001.
PARTY LIST REP Residence in any part of the PH In other words, beginning 1995, 12 senators were
DISTRICT REP Residence must be within the elected every 3 years, to serve the full term of 6
district where he is running. years, so unlike the HR, the Senate shall not at
any time be completely dissolved. One half of the
3. Mitra v COMELEC. (2010) Purpose of residence membership is retained as the other half is
requirement. “well represented” replaced or re-elected every 3 years.
Prevent strangers/ newcomers unacquainted “Continuing institution”, as it is not dissolved as
with the conditions and needs of a community an entity w/ each national election or change in
from seeking elective offices in that the composition of its members.
community. Illustration # 1: Senate’s power to punish for
contempt subsists despite periodical dissolution of the
Familiarity with these circumstances can only Congress/HR. As long as the Senate, which is a
come with residency in the constituency to be continuing body, persists in performing the
represented. particular legislative function involved.
To hold otherwise would mean that the senate would
Qualifications: have to resume the investigation at the next and
1. “Continuing requirements”. Must be present the succeeding sessions and repeat the contempt
entire duration of the member’s incumbency. proceeding.
2. Exclusive. Congress cannot provide by mere - However, with regard to pending/ unfinished matters
legislation for additional qualifications. of the Senate of a previous congress are considered
UNCONSTITUTIONAL. terminated upon the expiration of the Congress and
- Legislative Power remains limited in the sense it is merely optional on the Senate of the succeeding
that it is subject to substantive and congress to take up such unfinished matters, not in
constitutional limitations. The consti is the the same status, but as if presented for the first time.
basic law to which all law must conform. No (Arnault v. Nazareno, 2008)
Sec 5. “ HR shall be compose of X more than 250 a. Navarro v. Ermita (2011) A proposed province
members, unless otherwise fixed by law, who shall be composed of one or more islands need not
(1) elected from legislative districts apportioned comply with the 2000 sq.meter contiguous
among the provinces, cities and the Metropolitan territory requirement under the LGC.
Manila area xxx and those who, as provided by law, b. Macias v. COMELEC authority for the view
shall be (2) elected through a party-list system of that “The validity of a legislative apportionment
registered national. Regional and sectoral parties/org.” measure is a JUSTICIABLE QUESTION,
(2) The PLR shall constitute 20% of the total involving as it does certain requirements the
membership of the HR. For 3 consecutive terms after interpretation of which does not call for the
the ratification of this constitution, ½ (10%??) of the exercise of legislative discretion.
seats allocated to to PLR shall be filled, as provided by c. Herrera v. COMELEC The basis for
law, by selection or election from LABOR, “districting is the number of INHABITANTS” of a
PEASANT, URBAN POOR, ICC, WOMEN, YOUTH, province/city, and NOT the no. of its registered
and such OTHER sectors as may be provided by laws, inhabitants.
EXCEPT THE RELIGIOUS SECTOR. *250K requirement applies ONLY to cities, and NOT
(3) Each legislative district shall comprise, as far as to provinces, although the LGC provides for a min.
practicable, CONTIGUOUS, COMPACT and population of 250K as an alternative req for the
ADJACENT territory. Each city with a population of establishment of a province.
at least 250K, or each province, shall have at least **Additional 250K population req is also NOT
ONE REP. NECESSARY to the creation of an ADDITIONAL
(4) W/in 3 years following the return of every census, LEG. DISTRICT for cities/provinces.
the Congress shall make a reappointment of legislative - Mariano v. Comelec (1995) “ Any province that
districts based on the standards provided in this may hereafter be created, or any city whose
section. population may hereafter increases to more than
250K SHALL be entitled in the immediately ff.
A. THE DISTRICT REPRESENTATIVES election to atleast one member or such number of
250 members were originally provided for in members as it may be entitled to on the basis of
the HR to be directly elected from the various the no. of inhabitants xx. ”
legislative districts created by the Ordinance Ex. Conversion into a Highly Urbanized city=
appended in the 1987 Consti. automatically resulted in its establishment as a
Territory was divided into 13 regions, in turn legislative district. It should be noted that a
comprising 200 districts apportioned among PLEBISCITE was necessary for the validity of
the P, C, MM in accordance w/ the no. of their said CONVERSION. However, the same may be
respective inhabitants and on the basis of a dispensed with where NO NEW TERRITORY or
uniform and progressive ratio. NO CHANGE in an existing territory is made
- This initial apportionment shall be subject to under the law, and ONLY A
adjustment by the Congress w/in 3 yrs ff. the
the PH first before they can exercise to vote. The interruption need not be for a full term of
DUALS SAME AS OVERSEES. The goal of RA 3 years or for the major part of the 3-year
9189 is to enfranchise as much as possible all term; an interruption FOR ANY LENGTH of
who, save for the residency requirements time, provided the cause is INVOLUNTARY,
exacted of an ordinary voter under the ordinary is sufficient to break the continuity of service.
conditions, are qualified to vote. Defeated in an election protest and said
decision becomes final after he had served the
TERM (SEC 7. 3 YRS- x 3 TERMS=9 YRS) full term for said office, then his loss in the
Purpose: Synchronize Election, which in the case of election protest X= INTERRUPTION since he
the Senate are held every 3 year interval; Pres & VP has managed to serve the term from start-
every 6 years. finish. Nullification of his proclamation came
Local Officials 3 years. after the expiration of the term.
a. Abundo v. COMELEC (2013) Rules in
connection with the consecutiveness of terms and ELECTION- 2ND MONDAY of May.
involuntary interruptions thereof in connection Every 3 years, ALL the members of the HR and ½
with the application of the rules on their terms for of the senate are up for election, or re-election if
elective offices both under the Consti and other still allowed.
pertinent law. Filling up of vacancies for the unexpired portion
PERMANENT VACANCY- Elective through SPECIAL ELECTION is not necessary if
position and the official merely assumed (rule the vacany pertained to seat occupied by a PLR in
on succession), then his service for the which case, the same would be filled up by the
UNEXPIRED PORTION= X Full term as next rep from the list of nominees in the order
contemplated under the subject constitutional submitted to the COMELEC who shall serve for
and statutory provision that service cannot be the Unex term. If the list is exhausted, submit
counted in the application of any term limit. additional nominees.
*If the official runs again for the same
position he held prior to his assumption of SALARIES (ART 6)
the higher office, then his succession to said Sec 10. “xx determined by law. No increase in said
position is by operation of law and is compensation shall take effect until after the
considered an INVOLUNTARY expiration of the FULL TERM of ALL MEMBERS of
SEVERANCE or INTERRUPTION. the SENATE and the HR approving such increase. “
An elective official, who has served for 3 cons.
Terms and who did not seek the elective Sec 20. “Records and book of account of the Congress
position for what could be his 4th term, but shall be preserved and be open to the public xx
LATER WON in a RECALL ELECTION, audited by the COA which shall publish annually an
had an interruption in the continuity of the itemized list of amounts paid to and expenses incurred
official’s service. (From end of his term- recall for each member xx”
election he had become a private citizen) No prohibition against receipt of allowances
Abolition of an elective local office by the members of the Congress.
(Conversion Muni- City) X= Interruption of Law allowing retirement benefits
the incumbent official’s continuity of service. immediately available upon its approval has
X= Preventive Suspension. Elective officer’s been UNCONSTI since it is made available
continued stay and entitlement to the office w/o awaiting the expiration of the FULL
remain unaffected although he is barred from TERM of ALL MEMBERS of the SENATE
exercising the functions of his office during and the HR approving such increase. (Phil
this period. Cons Assoc v. Gimenez)
Candidate- Proclaimed Winner and assumes
office is later on ousted from office for losing PARLIAMENTARY IMMUNITIES
in an election protest= INTERRUPTION. Sec 11. “xx offenses punishable by X 6 yrs. of
Thus disenabling him from serving what imprisonment, be privileged from ARREST while the
would otherwise be the unexpired portion of Congress is in session. No member shall be
his term of office had the protest been questioned nor held liable in any other place for ANY
dismissed. SPEECH or DEBATE in the Congress or in any
committee thereof.
QJ and other Admin Bodies. Neither shall he, directly respective members. Each house shall choose such
or indirectly, be interested financially** in any other officers as it may deem necessary”
contract with, or in any franchise or special privilege
granted by the Gov’t/any other pol subd/ Pres and Speaker do not have a fixed term and
instrumentality thereof, including any GOCC, or its may be replaced at any time at the pleasure of
subsidiary, DURING HIS TERM OF OFFICE. He a majority vote of all the members of their
shall not intervene in any matter before any office of respective chambers.
the Gov’t for his pecuniary benefit or where he may be Other officers usually chosen:
called upon to act on account of his office” 1. Pres pro tempore
2. Speaker pro tempore
Appearance of the legislator is now barred 3. Majority and Minority floor leaders
before ALL COURTS OF JUSTICE. 4. Chairmen of the various standing and
Prevent legislator from exerting undue special committes
influence upon the body where he is 5. Secretary and sergeant @ arms* (non-
appearing. members of the legislative)
(Lawyer- legislator may still engage in the
practice, thru some other member of his law QUORUM
office.)
**Not EVERY CONTRACT IS BARRED. Only those “x x MAJORITY of EACH house x x to do business,
contracts w/c legislators expects to derive some BUT a SMALL NUMBER may adjourn from day to
PROFIT at the expense of the gov’t. day and may compel the attendance of absent
members in such manner and under such penalties, as
SESSIONS such house may provide x x
Sec 15. “xx convene once every year on the 4th
Monday of July for its regular session, unless a Quorum no. sufficient to transact business which
different date is fixed by law, and shall continue for may be less than the majority of the membership of the
such number of days as it may determine until 30 days membership. (Majority of Each House)
before the opening of its next regular session, a. (Avelino v. Cuenco)
exclusive of Saturdays, Sundays and Legal Holidays. (Petitioner) Senate President adjourned the session
The president may call a special session at any time.” moto propio and walked out, leaving 12 other
- A mandatory recess is prescribed for the 30-day members who continued meeting and replaced him
period (minimum no. may be extended by the with respondent as Acting Pres. Petitioner filed
Cong in its discretion) before the opening of the quo warranto against responding contending that
next regular session, excluding Saturdays, Sundays he had not been validly elected because 12 mem
and Legal Holidays. does not constitute a majority (quorum of 24
Calling of Special Session by the Pre is NOT senators).
NECESSARY: SC: “12 members were sufficient, being a
a. Cong meets to canvass the presidential elections MAJORITY OF 23, not 24. The reason was that 1
b. Pres and VP are both vacated senator was then in the US and therefore outside the
c. Impeachment Pro particularly when the Pres is the coercive jurisdiction of the smaller number of
respondent himself. members who could “adjourn from day to day and
a. Araneta v. Dinglasan. SC distinguished Regular may compel the attendance of absent members in such
and Special Sessions. manner and under such penalties, as the Senate may
1. Special Cong may consider “general provide”.
legislation or only such subject as the Pres
may designate” b. (Datu Michael Abas Kida v. Senate of the PH,
2. Regular Power of Cong is not 2011) SC nullified a law which requires 2/3 vote
circumscribed except by limitations imposed of all members of the Cong for imposing more
by organic law. than what the Consti requires. It gives the law the
character of being “IRREPLACEABLE”. In effect,
OFFICERS it significantly constrict the future legislators’
Sec 16 (1) “xx Senate shall elect its President and the room for action and flexibility.
HR its Speaker, by a MAJORITY OF VOTE of all its
DISCIPLINE OF MEMBERS (ART 6, 3)
b. Bondoc v. Pineda- As judges, the mem of the ET -Limit the president’s appointing power.
must be NON-PARTISAN. Hence, disloyalty to Sec 18. x x COA consisting of the SP, as ex officio
party and breach of party discipline are not valid Chariman, 12 senators and 12 members of the HR,
grounds for the expulsion of a mem of the elected by each house on the basis of proportional
Tribunal. representation from the political parties and org
registered under the PLS represented therein. The
-Jurisdiction of an ET begins once a winning chairman of the Commission shall not vote, except in a
candidate has been proclaimed, taken his case of a tie. The Commission shall act on all
oath, and assumed office, for it is only after appointments submitted to it w/in 30 session days of
the occurrence of these events that a candidate the Congress from their submission. The Commission
can be considered as either member of S or shall rule by majority vote of all the members. x x
HR.
“The proclamation of a candidate following the - Ad interim appointments not acted upon at the
election DIVESTS COMELEC of Jurisdiction time of the adjournement of the Congress, even if
over disputes relating to election, returns and the 30 days period has not yet expired= deemed by
qualifications of the proclaimed winner- passed.
candidate. – Remedy Electoral Protest
before the Electoral Tribunal. Sec 19. ET and COA shall be constituted w/in 30 days
after the S and HR shall have been organized with the
c. Reyes v. COMELEC (2013) election of SP and Speaker. The COA shall meet only
Jurisdiction of HR begins only after the candidate while the Cong is in session, at the call of its chairman
is considered a member of the HR. or a majority of all its members. xx
To be considered a member: (Concurrence of all)
a. Valid Proclamation - The rue that COA shall meet only while the Cong
b. Proper Oath Taken before the Speaker in is in session is the reason why ad interim
“open session”: the 4th Monday of July. appointments are permitted. These appointments
are made during recess, subject to consideration Pres Macapagal entered into 2 EA for the importation
later by the COA, for confirmation or rejection. of cereals w/o complying with a statutory requirement
- Ad interim appointments shall be effective only for the prior obtention from thr NEC of a certification
until disapproval by COA or until the next of a shortage of cereal.
adjournment of the Cog, referring to the SC- “Statute should prevail. The executive may not
adjournment of the regular or special session interfere in the performance of the LP of the legislative
immediately following the recess when said except in the exercise of the veto power. He may not
appointments were made. defeat legislative enactments by indirectly repealing
- But where the Cong is in session, the President the same through an EA providing for the performance
must first clear his nominations with the COA, w/c of the very act prohibited by such laws.”
is why it must be constituted as soon as possible.
Unless it is organized, no appointment can be b. Datu Michael Abas Kida v. Senate of the Phil.
made by the Pres in the meantime. “Subsequent laws that do not change or revise any
- In case of the ET, the reason is obvious. provision in an earlier law, and which merely fill in
Considering the rash of election contests already gaps or supplement said earlier law, cannot be
awaiting to be filed later. This is why unlike the considered as amendments of the latter”
COA, ET are supposed to continue functioning
even during the recess. c. League of the Cities of the PH v. COMELEC
“Legislative body possesses PLENARY POWERS for
CHAPTER 9. POWERS OF THE CONGRESS all purposes of civil gov’t. Any power, deemed to be
Classified: Legislative or Non-legislative. legislative by USAGE and TRADITION, is
LEGISLATIVE POWERS includes the specific necessarily possessed by Congress, unless Consti has
powers of appropriation, taxation and lodged it elsewhere. “
expropriation.
NON-LEGISLATIVE canvass the presidential - Power to grant immunity from prosecution has
elections POWERS, power to, declare the been acknowledged as essentially a Legislative
existence of a state of war, to give concurrence Prerogative. “Power of Cong to define crimes and
to treaties and amnesties, and to impeach. to provide for their punishment carries the power
to immunize certain persons from prosecution of
IMPLIED POWERS such as the power to punish crimes with high political, social and economic
contempt in legislative investigations. impact.
INHERENT POWER to determine its rules of However, it cannot provide for terms which would go
proceedings and the discipline of its members. beyond what the constitution provides.
1. IRREPEALABLE Laws- changed the voting
I- LEGISLATIVE POWER in general requirement for amendment to 2/3 of vote of the
-Power of lawmaking, the framing and members of the HR and Senate voting separately.
enactment of laws. This is effected through (Interferes with the plenary powers of the
the adoption of a bill, once approved, become Congress)
a statute. 2. Create a new term and appoint the occupant of the
Statute “the written will of the legislature, solemnly position for the new term= Intrusion of the
expressed according to the forms necessary to appointment power of the Cong.
constitute it the law of the state”. 3. Cannot grant legislative franchise for the operation
of Pus w/c shall be exclusive in character and w/c
a. Assoc. of landowners in the Phil v. Sec of shall not be subject to
Agrarian Reform. It has since been clarified that amendments/alteration/repeal when the common
the legislative power is “peculiarly within the good so requires.
province of the legislature. Neither Martial Law
nor a State of E can justify the President’s exercise - Laws in general have NO RETRO
of LP by issuing decrees”. EFFECT,especially when it will result in an
impairment of a right unless the contrary is
The power to make laws includes the power to alter provided. Statues can be given retroactive effect
and repeal them. when the law itself so expressly provides; in case
a. Gonzales v. Hechanova : (EA vs. Statutes) of remedial statutes; in case of curative statutes;
in case of laws interpreting others; and in case of become valid as an act of the legislature
laws creating new rights. department.
Whatever changes may be agreed upon NEED
PROCEDURE (Approval of Bills) NOT UNDERGO another “ 3 readings” in the
1. INTRODUCTION. Senate and the HR.
- Bill is introduced by ANY MEMBER of the HR or - The bill is enrolled when it is approved by the
the S except for some measures that must originate CONGRESS, authenticated with the signatures of
in the former chamber. the S, SP, Sec of each chamber, and approved by
2. READING the Pres.
a. First Reading- involves a reading of only a
reading of the NUMBER and TITLE of the
measure and it REFERRAL by the SP or the
Speaker to the proper committee for study.
The bill may be “killed” in the committee or it
may be recommended for approval, w/ or w/o ORIGIN OF THE BILLS (exclusive: HR but S may
amendments, sometimes after public hearings are propose / concur with amendments.
first held thereon. If there are other bills of the a. Appropriation Bill
same nature/purpose= consolidate into one bill b. Revenue Bill
under common authorship OR AS A c. Tariff Bill
COMMITTEE BILL. d. Bill increasing Public Debt
e. Bill of Local Application
Once reported out, the bill shall be calendared for 2 nd f. Private Bill
reading
b. Second Reading- Bill is read in its ENTIRETY, 1. APPROPRIATION Release of funds from the
scrutinized, debated upon and amended when public treasury.
desired. MOST IMPORTANT in the passage of a 2. REVENUE Levies taxes and raises funds for
bill. the gov’t.
- Once the Bill is approved on second reading is 3. TARIFF Specifies the rates or duties to be
printed in its final form and copies thereof are imposed on imported articles.
distributed at 3 days before the 3rd reading. 4. B. INCREASING PD illustrated by one
floating bonds for public subscription redeemable
c. Third Reading- members merely vote and explain after a certain period.
them if they are allowed by the rules. NO 5. B. local app purely local or municipal matters,
FURTHER DEBATE is allowed. like a charter of a city
- Once the bill passes 3rd reading, it is sent to the 6. PRIVATE BILLS- A bill granting honorary
other chamber where it will undergo the 3 citizenship to a distinguished foreigner.
readings.
- No amendment after 3rd reading. - The ff. are supposed to be initiated by the HR
If there are differences b/w the versions because it is more numerous in membership and
approved by the 2 chambers, a therefore also more representative of the people.
CONFERENCE COMMITTEE representing Members are presumed to be more familiar
both houses will draft a compromise measure with the needs of the country in regard to the
that, if RATIFIED by the Senate and HR, will enactment of the legislation involved.
then be submitted to the President for his - Senate is, however, allowed much leeway in the
consideration. exercise of its power to PROPOSE or CONCUR
Conference Committee is allowed by law to include in with amendments to the bill initiated by the HR.
its report an entirely new provision that is not found “amendment by substitution, which may entirely
either in the House Bill or in the Senate Bill. replace the bill”
“Amendment in the nature of a substitute”, so - So long as the initiative must come from the HR.
long as such amendment is germane to the
subject of the bill before the committee. After PROHIBITED MEASURES
all, its report was not final but needed the - Owing to the nature of our gov’t, such as those
approval of both houses of Congress to impairing the doctrine of SP or providing for the
appointment of elective officials.
- Specific Prohibitions in the Bill of Rights against the reconciliation of the varying lengths of the
the enactment of ex post facto laws, bills of terms is necessary.
attainder, or laws impairing the obligation of - In any case, a title must not be “ so uncertain that
contracts. the average person reading it would not be
informed of the purpose of the enactment or put on
Sec 31.”No law granting a title of royalty or nobility inquiry as to its contents, or which is misleading”
shall be enacted. “
- Preserve the republican and democratic nature of FORMALITIES [Art 6, 26(2)]
our society. “Privilege classes”. “Sovereignty (2) “No bill passed by either House become a law
resides in the people as a whole w/o distinction as unless it has passed 3 readings on separate days, and
to birth or lineage. printed copies thereof in its final form have been
Sec 30. “No law shall be passed increasing the distributed to its members 3 days before its passage,
appellate jurisdiction of the SC w/o its advice or except when the Pres certifies to the necessity of its
concurrence.” immediate enactment to meet a public calamity or
- Prevent further addition to the present emergency. Upon the last reading, no amendment
tremendous case load of the SC. However, such thereto shall be allowed, and the vote thereon shall be
legislation may be enacted provided SC itself is taken immediately thereafter, and the yeas and the
consulted and gives its concurrence. nays entered in the Journal.”
The purpose of this rule are: **The bill calling for a special election “after the
a. Prevent hodgepodge or log-rolling legislation. vacancy in the offices of the Pres and VP” shall be
- “ Any act containing several subjects dealing deemed certified.
with unrelated matters representing diverse
interest, the main object of such combination APPROVAL OF BILLS (Art 6, Sec 27)
being to unite the members of the legislature
who favor any one of the subjects in support of 3 methods: (Sign, Overridden, Inaction)
the whole act; a. President signs it
b. To prevent surprise or fraud upon legislature; b. Pres vetoes it but the veto is overridden by 2/3
c. To fairly apprise the people, through such vote of ALL members of EACH HOUSE.
publications of its proceedings as are usually c. Inaction by the Pres w/in 30 days after it shall
made, of the subjects of legislation that are being have been presented to him.
considered in order that they may have the
opportunity of being heard thereon, by petition or SIGNING Pres identifies himself w/ it and indicates
otherwise, if they should so desire. his approval of its purposes and provisions.
The title need not be a complete catalogue of a bill. VETO upon any ground sufficient for him.
1. “It is sufficient that it place the legislature and the (Unconsti, Inefficacious, unwise). In every case, he
people on their guards as to the number of varied should, in returning the measure to the House of
if related subjects the measure embraces”. origin, indicate his objections- “veto message” so
2. Title expresses the general subject and all the that the same can be studied by the mem for possible
provisions are germane to the general subject. overriding of his veto.
3. BANAT v. COMELEC. “Title is comprehensive - 2/3 of each house will be sufficient to invalidate
enough to include subjects related to the general the veto and convert the bill into law.
purpose which the statute seeks to achieve. The - Cong may agree with the Pres objections and
title of a law does not have to be an index of its decide to revise the measure as he suggests.
contents and will suffice if the matters embodied PARTIAL VETO?
in the text are relevant to each other and may be GR: Pres must approve or veto in toto.
inferred from the title. Exception: Appropriation, Revenue, Tariff Bill. Any
4. COMELEC v. Cruz 2009. “To achieve particular item/s of which may be disapproved w/o
synchronization of the barangay and SK elections, affecting the item/s to which he does not object.
scheduled appearance. Interpellations shall not be Appropriation(measure) a statute the primary and
limited to written questions, but may cover matter specific purpose of which is to authorize the release of
related thereto. When the security of the State or public funds from the treasury. (ex GAA)
public interest so requires and the Pres so states in X= Law creating an office and providing fund thereof.
writing, the appearance shall be conducted in Main purpose is the creation of the office and release
executive session. “ of fund is merely incidental.
a. General passed annually and is intended to
Enable the Congress to obtain information from provide for the financial operation of the entire
the dept secretaries on the manner they are gov’t during one FY.
implementing the laws it has enacted and also on b. Special specific purpose. Ex. Creation of a fund
matters related to pending or prospective for the relief of typhoon victims.
legislation, usually recommended by the
administration itself. A. IMPLIED LIMITATIONS:
“Sec 21 and 22, although closely related should not be 1. Public purpose. Main purpose and not merely
considered as pertaining to the SAME POWER. Sec incidental.
21 relates to the power to conduct inquiries in AID OF 2. Sum authorized to be released must be
LEGISLATION, the aim of which is to elicit DETERMINATE/ Least determinable.
information that may be used for legislation, while
Sec 22 pertains to the power to conduct a question B. CONSTITUTIONAL LIMITATIONS:
hour, the objectives of which is to obtain information 1. Bill exclusive to HR.
in pursuit of Congress’ oversight function. 2. Art 6, Sec 25. “Discretionary funds appropriated
OBJECTIVES ARE DIFFERENT. for particular official shall be disbursed only for
(1) public purpose to be supported by appropriate
- In sec 22, the Congress merely seeks to be vouchers and subject to such guidelines as may be
informed on how DH are implementing the prescribed by law”
statutes which it has issued, its right to 3. Art 6, Sec 25.(4). “A special appropriation bill
information is not as imperative as that of the must (1) specify the purpose (2) supported by
pres to whom, such DH as matter of duty must funds actually available and certified by the
give report. It is in keeping with the doctrine of National Treasurer, to be raised by a
SP since it merely REQUEST their appearance. corresponding revenue proposal included
- In sec 21, if the Congress request their appearance therein.”
to make inquiries in AID OF LEGISLATION, the 4. In re GAA: “ The Cong may not increase the
appearance is mandatory. appropriations recommended by the Pres for
the operation of the gov’t as specified in the
THE POWER OF APPROPRIATION (Art 6, sec budget”
29) - Pres knows more about the needed appropriation
“No law shall be paid out of the treasury except in than the legislature
pursuance of an appropriation made by law” - No prohibition to REDUCE. Except: JUDICIARY
- The budget is only a proposal. Used as a basis for
a. Nazareth v. Villar. DOST released funds despite the enactment of the GA law, which is the measure
its absence in the GAA. Upon its receipt of notice that authorize release of public funds from the
of disaalowance from the COA, it obtained treasury.
authority from the Office of the Pres to use said 5. Art 6, Sec 29 (2). “ No provision/ enactment shall
agency’s savings to cover the said amount and be embraced in the GA Bill unless it relates
used the same for purposes of requesting the COA specifically to some particular appropriation
to lift the notice of disallowance. therein. Any such provision/ enactment shall be
SC- “Art 6, Sec 29 requires that the GAA be limited in its operation to the appropriation to
purposeful, deliberate and precise in its provisions which it relates”.
and stipulations. “x x Any Fund must be proposed - Prevent “riders” or irrelevant provisions that are
by the officials/agency for submission to and included in the GA Bill to ensure approval.
consideration by the Cong x x ” What if rider is included in an Ordinary Bill? The
appropriate provision to be invoked is Art 6, Sec 26
(1)- 2“Every bill must embrace only one subject to be
expressed in the title”
3. “No law granting any tax exemption shall be - Right to introduce a matter for legislation either
passed w/o the concurrence of a MAJORITY OF to the legislature or directly to the voters.
ALL MEMBERS OF THE CONGRESS. “
- Absolute majority of the ENTIRE Congress. Tax (RA 6735, sec 32)
exemption represents a withholding of the power “Power of the people to propose amendments to the
to tax and consequent loss of revenue to the gov’t. Constitution or to propose and enact legislation
through an election called for the purpose.
THE POWER OF CONCURRENCE
- The constitution requires the concurrence of the REFERENDUM right RESERVED to the
Cong to an AMNESTY and to a TREATY. people to ADOPT OR REJECT any act or
Ex. Art 7, Sec 19 which authorizes the measure which has been passed by a legislative
president to grant amnesty with the body and w/c in most cases would w/o action on
concurrence of a majority of all members of the part of the electors become a law.
the congress. (Not membership of each house, - Method of submitting an important legislative
okay?) measure to a direct vote of the whole people.
Art 7, Sec 21 “No treaty or IA shall be valid
and effective unless concurred in by at least (RA 6735, sec 32)
2/3 of ALL MEMBERS OF THE SENATE”. “Power of the electorate to approve or reject a
legislation through an election called for the purpose”
THE WAR POWERS
Sec. 23. “Cong, by a vote of 2/3 of BOTH HOUSES RA 6735
in joint session assembled, voting separately, and A. INITIATIVE
shall have the sole power to declare the EXISTENCE Provides for 3 systems of Initiative.
of a state of war.” Initiative on the Constitution- Petition proposing
- Existence only and not declaration of war. amendments to the Consti.
- This provision suggests a war already begun or SANTIAGO v. COMELEC. SC found RA 6735
provoked by the enemy and the existence of w/c incomplete in so far as initiative on amendments to the
we are only affirming. WE ARE NOT Consti is concerned.
AGGRESSOR but merely reacting to an
AGGRESSION. (Acknowledgment of a state of 1. Initiative on Statutes- petition proposing to enact
war) a national legislation
- Although such declaration is the sole act of the 2. Initiative on Local legislation- Petition proposing
Cong, the Pres may so precipitate or actually begin to enact a regional, provincial, city or municipal or
hostilities that the legislature will have no choice barangay law, a resolution or ordinance.
but to baptize”
Indirect Initiative Exercise of initiative by the
REFERENDUM and INITIATIVE people through a PROPOSITION sent to the
CONGRESS or Local legislative body for action.
Sec 32. “The Congress shall, as early as possible,
provide for a system of initiative and referendum, B. REFERENDUM
and the exceptions therefrom, whereby the people 2 Classes:
can directly propose and enact laws or approve or a. Referendum on Statutes- Petition to approve or
reject any act or law or part thereof passed by Cong reject an act or law or part thereof, passed by
or local legislative body after the registration of a Congress.
petition therefor signed at least 10% of the total # of b. Referendum on Local law- Petition to approve or
registered voters, of which every legislative district reject an act or law or part thereof, passed a
must be represented by at least 3% of the registered regional assemblies and local legislative body.
voters thereof”
HOW:
At least 10% of the TOTAL # OF THE
INITIATIVE power of the power to
REGISTERED VOTERS, of which every
PROPOSE bills and laws, and to ENACT or
legislative district is represented by at least 3% of
REJECT them at polls, independent of the
the registered voters thereof, shall SIGN A
legislative assembly.
PETITION for the purpose and register with the the proposition and the certification by the
COMELEC. Commission in the OG or NPGC.
A referendum/initiative affecting AUTONOMOUS
REGION, province or City is deemed validly b. Non-compliance NL remain in full force and
initiated if the petition thereof is signed by at least effect.
least 10% of the TOTAL # OF THE c. A National or Local initiative proposition
REGISTERED VOTERS in the Province or City. approved by a majority of the votes cast in an
of which every legislative district is represented by election called for the purpose shall become
at least 3% of the registered voters therein; effective 15 days after certification and
Provided however, that if the province or city is proclamation by the Commission.
composed only of one legislative district, then at
least each municipality in a province or each - Sec 10 prohibits petition embracing more than 1
barangay in a city should be represented at least subject from being submitted to the electorate and
3% of the registered voters therein. provides that statutes involving emergency
A referendum/initiative on an ordinance passed in measures, the enactment of w/c is specifically
a Municipality is deemed validly initiated if the vested in the Cong by the constitution cannot be
petition therefor is signed by at least least 10% of subject to referendum until 90 days after its
the TOTAL # OF THE REGISTERED VOTERS effectivity.
in the Municipality, of which every barangay is - Sec 11. Any duly accredited people’s organization
represented by at least 3% of the registered voters may file a petition for indirect initiative with the
therein; HR and other legislative bodies. The procedure to
A referendum/initiative on barangay reso/ be followed on the initiative bill shall be the same
ordinance is deemed validly initiated if the petition as the enactment of any legislative measure before
therefor is signed by at least 10% of the TOTAL # the HR EXCEPT THAT the said initiative shall
OF THE REGISTERED VOTERS in the said have PRECEDENCE over the pending legislative
barangay. measures on the committee.
Within a period of 30 days ff. receipt of the
petition, COMELEC shall, upon determining the
sufficiency of the petition, PUBLISH the same in LOCAL INITIATIVES:
Fil and Eng at least twice in NP of G&LC and set - Not less than 2K registered voters in case of
the DATE OF THE Autonomous regions, 1k in case of provinces
INITIATIVE/REFERENDUM which shall not and cities, 100 in case of Muni and 50 in case
be earlier than 45 days or later than 90 days of barangays, may file a petition with the
from the determination of the COMELEC of the Regional Assembly or local legislative body,
sufficiency of the petition. proposing the adoption enactment/ repeal/
The decision of the COMELEC on the findings of amendment of any law/ ordinance of reso.
sufficiency/ insufficiency of the petition is - If no favorable action is made by local
APPEALABLE to the SC w/in 30 days from legislative body w/in 30 days from its
notice. presentation, the proponents through their
authorized rep may invoke their power of
IF:
initiative, giving notice thereof to the local
a. There is compliance: The proposition of the
legislative body concerned.
enactment/ approval/ amendment or rejection of - 2 or more propositions may be submitted in an
NATIONAL LAW has been approved by a initiative.
MAJORITY of the votes cast by all registered - Proponents; AR: 120 days; P/C- 90 days; M-
voters of the PH. 60; B-30 days from notice to COLLECT the
Effect: required no. of signatures.
1. For: Enactment/ approval/ amendment: The Compliance= Yes.COmelec shall set a date
NL proposed for shall become effective 15 for the initiative at w/c the proposition shall
days ff completion of its publication in the be submitted to the registered voters in the
OG or in NP of GC. LGU concerned for their approval w/in 90
days from the date of certification by the
2. For: Rejection- NL shall be deemed
COMELEC in case of AR, P/C- 60 days;
REPEALED and the repeal shall become
M- 45; B-30 days
effective ff. the completion of publication of
- If proposition is approved= it shall take effect citizenship after birth by any modes allowed
15 days after the certification by the by law.
Commission as if affirmative action thereon RA 9225- Citizenship Retention and
had been made by the local legis body and the Reacquisition Act of 2003.
local executive concerned. Failed= Proposition - NBF citizens who have been, or intended to be
is defeated. naturalized in a foreign country, shall upon
taking the oath of allegiance, be deemed to have
LIMITATIONS:
reacquired, or shall retain their PH Citizenship.
- The power of local initiative SHALL NOT BE
“Not to have lost their PH citizenship”.
EXERCISED more than once a year! It shall
- Unmarried child, below 18 yrs. of those who
extend only to subjects which are w/in the legal
reacquire PH Citizenship upon effectivity of this
powers of the local legis bodies to enact.
Act shall likewise be deemed citizens of PH.
- If at any time before the initiative is held, the LLB
- For those running for public police- “make
shall adopt IN TOTO the proposition presented,
personal and sworn renunciation of ANY AND
the initiative shall be cancelled.
- Any proposition/ ordinance or resolution ALL FOREIGN CITIZENSHIP= Ceases to be a
APPROVED through initiative/referendum shall dual citizen.
not be REPEALED/MODIFIED by the LLB - Right to VOTE or be ELECTED/ APPOINTED
w/in 6 mos from the date and may be to any public office CANNOT be exercised by or
AMENDED/MODIFIED or REPEALED by the extended to those who are CANDIDATES for or
LLB w/in 3 years thereafter by a vote of ¾ of all occupying any PUBLIC OFFICE in the country
its members; provided, however, that in case of of which they are naturalize or are in active
barangays, the period shall be one year. service as commissioned or non-commissioned
officers in the armed forces of the country of
which they are nationalized citizens.
- A NBC who either retains or reacquired his
aforesaid citizenship upon taking the second oath
of allegiance where he, this time, makes a
personal and sworn renunciation of any and all
CHAPTER 10. THE EXECUTIVE foreign citizenship.
DEPARTMENT Assailing one’s citizenship according to CA 473
may be done only BY THE STATE, through its
Art 7, Sec. 1. “The executive power shall be vested in representation designated by the Statute.
the Pres of the PH.” - X PRIVATE PERSON
Right to vote Resided PH (1yr) ***
EP power to enforce and administer the laws. In the Place to vote (6mos)
exercise of this power, the president assumes a ***Exception: Section 2, ART V. “Absentee Voting
plenitude of authority and corresponding for qualified voters abroad”.
responsibility.
Winner= Highest Votes; Tie= Chosen by the vote of a Same term of 6 years, and may be removed only
majority of all members of BOTH HOUSES, voting through impeachment process.
separately. Qualifications, same.
Eligible for the position of member of the Cabinet
..If still a tie and when appointed as such does not need
The SC, sitting en banc shall be the SOLE JUDGE of confirmation by the COA.
all election contests relating to the election, returns “No VP shall serve for more than 2 successive
and qualifications of the P and VP, and may terms.” [Sec 4.(2)] (Compared to Pres; VP is
promulgate its rules for the purpose. xx (Art 7, Sec 4) eligible for re-election)
“Whenever there is vacancy in the office of the VP
Congress cannot inquire into or decide questions during the term for which he was elected, the Pres
of alleged irregularities in the conduct of elections. shall nominate a VP from among the S and HR
This is a ministerial function. As long as the ER who shall assume office upon confirmation by a
are duly certified and appear to be authentic. majority vote of all members of both Houses of
Congress, voting separately.“
Reason: These are matters appropriate for an
ELECTION PROTEST. PRESIDENTIAL SUCCESSION
No special session be called by the Pres. Canvass a. Occurring BEFORE the Pres term (Sec 7)
is mandated by the Consti. b. Occurring AFTERWARDS (sec 8)
In 2010, SC promulgated a rule establishing
Sec 7.
PRESIDENTIAL ELECTORAL TRIBUNAL.
This was challenged in MACALINTAL v. PET on “ x x If pres-elect fails to qualify, the VP-elect shall
the ff. grounds: ACT as Pres until the Pres-elect shall have qualified.
a. Illegal and Unconsti for vio. of Art 7, Sec 4. If a Pres shall NOT HAVE BEEN CHOSEN, the VP
b. Vio. of Art 8,Sec 12, PET exercises QJ function shall ACT as Pres until a Pres shall have been
and therefore a violation of the above mentioned chosen and qualified.
provision. “x x Members of the SC and other
courts established by law shall not be designated If at the beginning of the term of the Pres, the pres-
to any Agency performing QJ and Administrative elect shall have DIED or shall have become
Functions”. PERMANENTLY DISABLED, the VP-elect shall
1. SC citing TECSON v. COMELEC, “It is an BECOME Pres.
innovation of the 1987 COnsti. “x x The
Where NO Pres and VP shall have been chosen or
establishment of the PET simply constitutionalized
shall qualified, or where both shall DIED or
what was statutory before in the 1987 Consti. PET
permanently disabled, the SP, or in case of his
is not a separate and distinct entity from the SC,
disability the SHR shall ACT as Pres until a Pres or a
albeit it has functions peculiar only to the
VP shall have become chosen and qualified. x x “
tribunal.
2. “The set up embodied in the Consti and statutes Sec 8.
characterizes the resolution of electoral contests “In case of DEATH, PD, REMOVAL from office, or
as essentially an exercise of judicial power. When RESIGNATION of the P, the VP shall BECOME
SC as PET, resolves a P/VP election contests, it Pres to serve the unexpired term. In case of DEATH,
performs what is essentially a judicial power. The PD, REMOVAL from office, or RESIGNATION of
power wielded by the PET is a derivative of the the P and VP, SP or, in case of his INABILITY, the
plenary JP given to Courts of law. PET is an SHR shall ACT as Pres until a Pres or a VP shall
independent BUT NOT separate from SC. have become chosen and qualified. x x “
TERM
“x x term of 6 years which shall begin @ noon of Discussion Sec. 7:
June 30 next following the day of the election and Cases contemplated:
shall not be eligible for any RE-ELECTION. No a. Death/PD of the Pres-elect VP shall BECOME
person who has succeeded as President and has Pres.
served for more than 4 years shall not be qualified b. Failure to elect P, as where the canvass of the
for election to the same office AT ANY TIME.” presidential elections has not yet been completed,
or where for one reason or another the presidential
VICE PRESIDENT
election has NOT BEEN HELD. VP shall ACT Sec 10. The Congress shall, at 10’oclock in the
as Pres. morning of the 3rd day after the vacancy, convene w/o
c. Failure of the P-elect to qualify, that is, to need of a call and within 7 days enact a law calling
assume office by taking the oath and entering into for a SPECIAL ELECTION to elect a P and a VP to
the discharge of his duties. VP shall ACT as be held not earlier than 45 days nor later than 60
Pres. days from the time of such call.
Discussion Sec. 8: Vacancies occurring in the OP The bill calling for such special election shall be
DURING his incumbency and is limited to 4 specified deemed certified under ART 6, Sec 26, par 2 and shall
situations: (D- PD- Removal-Resignation) VP shall become a law upon its approval on 3 rd reading by
BECOME Pres. Congress.
Estrada v. GMA “ He denied he had resigned and Appropriations for Special election shall be charged
said had every intention to return after the against any current appropriations and shall be
disturbances shall have ended but was being prevented exempt from the requirements of Art 6, Sec 35, par 4.
from doing so”
SC held: (Puno)“The resignation cannot be doubted. It cannot be postponed or suspended. NO SPECIAL
It was confirmed by leaving Malacanang. The press ELECTION shall be called if the vacancy occurs
release was petitioner’s valedictory, his final act of w/in 18 mos before the date of the next presidential
farewell.” election.
Sec 11.s Whenever the P transmits to the SP AND the OATH OF OFFICE
SHR his WRITTEN DECLARATION that he is Marks his formal assumption of duties.
UNABLE to discharge the powers and duties of his Not a source of a substantive power but is merely
office, and until he transmits to them a written intended to deepen the sense of responsibility of
declaration to the contrary, such powers and duties the P and ensure a more conscientious discharge of
shall be discharged by the VP as ACTING P. his office. (But has been invoked to justify
presidential action)
Whenever a MAJORITY of all members of the
CABINET transmit to the the SP AND the SHR their
WRITTEN DECLARATION that P is UNABLE to
discharge the powers and duties of his office, VP:
ACTING P. PERQUISITES and INHIBITIONS
Thereafter, when the P transmits to the SP and SHR his Sec 6. The P shall have an official residence. The
written declaration that no inability exists, he shall salaries of the P and VP shall be determined by law
reassume the power and duties of his office. and shall not be decreased during their tenure. No
Meanwhile, should a MAJORITY OF CABINET mem increase in said compensation shall take effect until
transmit w/in 5 days to the SP and SHR their written after the expiration of the term of the incumbent during
declaration that the P is UNABLE= Congress shall which such increase was approved. They shall not
decide the issue. For that purpose, the Cong shall receive during their tenure any other emolument from
convene if not in session, within 40 hours. the gov’t or any other source.
If the Congress by a vote of 2/3 vote of both Increase/ Decrease- prevent legislature from
houses, voting separately, that the Pres is weakening their fortitude by appealing to their
unable to discharge the power and duties of his avarice or corrupting their integrity by operating
office, VP shall act as P; otherwise, P shall on their necessities.
continue exercising the powers and duties of Emoluments- refers to ANY COMPENSATION
his office. received for services rendered or from possession
Sec 12. “ In case of SERIOUS ILLNESS of the P, the of an office. Any gain/profit which is
public shall be informed of the state of his health x PECUNIARY IN CHARACTER.
x” Pres cannot accept any employment elsewhere
during his incumbency, although in the case of
OFFICE OF PRES AND VP ARE BOTH the VP, he may be appointed to the Cabinet.
VACATED: However, VP cannot receive additional
compensation in the second capacity because of b. EOs specified therein w/o additional compensation
the ABSOLUTE PROHIBITION. in AN EX-OFFICIO CAPACITY as provided by
law and as required by the primary functions of
ADDTL INHIBITIONS:
said official’s office.
Sec 13. “x x P, VP,Mem of the Cabinet, and their
eputies and assistants shall not, unless otherwise
provided in the Consti, cannot hold any other EXECUTIVE PRIVILEGE
employment during their tenure. They shall not,
- Essential to his exercise of his powers as the CE,
directly or indirectly practive any OTHER
consistent w/ the principle of separation of powers.
PROFESSION, participate in any business, or be
- Power of the gov’t (Pres and High executive
financially interested in any contract with, or in any
branch officers) to WITHHOLD INFORMATION
franchise, or special privilege granted by the Gov’t or
from the Congress, Courts, and the Public;
any subd/ agency/ instru thereof, including GOCCs.
1. “Informer’s Privilege” Privilege of the gov’t
They shall strictly avoid conflict of interest in the
NOT TO DISCLOSE the identity of person/s who
conduct of their office.
furnish information on vio of law to officers
The spouse or relatives by consanguinity/ affinity charged with the enforcement of law;
within 4th civil degree of the P shall not during his - Covers not only High-Profile Cases
tenure be appointed as Members of the Concom, or 2. “Privilege accorded to presidential
Office of the Ombudsman, or communication” Without distinctions b/w those
Sec/UnderSec/Chairmen/Heads of Bureau or offices, which involve national security and w/c does not.
including GOCCs and their subsidiaries. Rationale: Essential to protect the independence
of decision-making of those tasked to exercise
Inhibitions are in line with the principle that a Presidential/ legislative and judicial power.
public office is a public trust. - Applies to the decision making of the pres,
The prohibition against holding dual/multiple rooted in the constitutional principle of SP and
offices must NOT, however, be construed as the Pres unique constitutional role.
applying to posts occupied by the EOs specified
therein w/o additional compensation in AN EX- ELEMENTS:
OFFICIO CAPACITY as provided by law and 1. The protected communication must relate to a “
as required by the primary functions of said QUINTESSENTIAL AND NON-DELEGABLE
official’s office. PRES POWER” (ex. Power to enter in EAs)
2. Communication must be authored or solicited
Reason: These posts do NO COMPROMISE “any and received by a close advisor of the Pres (ex.
other office” w/in the contemplation of the Cabinet member, Pres himself)
prohibition but are properly an imposition of 3. PCP remains a qualified privilege that may be
“additional duties and functions on said official” . overcome by a showing of adequate need (it
contains important evidence)
Ex- officio “from office; virtue of office. Authority 3. Deliberative Process Privilege covers
derived from the official character merely, not documents reflecting advisory opinions,
expressly conferred upon the individual character, recommendations and deliberations comprising
BUT MERELY ANNEXED TO THE OFFICIAL part of a process by w/c governmental decisions
POSITION. and policies are formulated.
- Pres communication privilege applies to docs
Additional duties closely related to and must be
in their ENTIRETY.
required by the official primary functions. Otherwise,
- Communicate candidly- enhance quality
it would fall under the purview of “any other office”
agency decisions.
prohibited by the Consti.
4. Diplomatic negotiations privilege Encourage a
The prohibition against dual or multiple offices frank exchange of exploratory ideas b/w the
apply to all appointments or designations, whether negotiating parties by shielding such negotiations
permanent or temporary. PREVENT from public view.
CONCENTRATION OF POWERS in the - Pres “sole organ of the nation in its external
Executive Dept officials. relations, and its sole representative with
Only exceptions: foreign nations”
a. VP being appointed as member of the Cabinet; and PRIVILEGE IS NOT ABSOLUTE. Executive
cannot, any more than other branches of the gov’t,
invoke a general confidentiality privilege to shield - SC “President as C-O-C of the AFP, can be held
its officials and employees from investigations. liable for affront against the petitioner’s rights to
(Judical/ Congressional Investigation conducted life, liberty and security as long as substantial
IN AID OF legislation) evidence exist to show that he or she had exhibited
- That is why, when Cong exercises its power of involvement in or can be imputed with knowledge
inquiry, the only way for Dept heads to of the violations, or had failed to exercise
EXEMPT themselves therefrom is by a VALID necessary investigations required under the rules,
CLAIM of privilege. They are not exempt by “and that” “former President Arroyo cannot use
mere fact that they dept heads. ONLY THE the presidential immunity from suit to shield
PRESIDENT may be exempted on whom herself from judicial scrutiny that would assess
executive power is vested, hence, beyond the wheteher, within the context of amparo
reach of Congress except through the power of proceedings, she was responsible or accountable
impeachment. (Reason: Highest official of for the abduction of Rodriguez. “
the Executive branch and Co-equal branch) Extends only in concurrence with the president’s
[AKBAYAN V. AQUINO] incumbency. (Civil/Criminal and there is no need
to provide for it in the Consti or law). It will be
SC stressed that EP is recognized only in relation degrade the dignity of the high office of the Pres,
to certain types of information of a sensitive the Head of State, if he can be dragged into court
character. litigations while serving as such. Unlike the
IMPLIED NATURE OF THE CLAIM OF legislative and executive branch, only one
PRIVILEGE: constitutes the executive branch, ONLY ONE
“Whenever an official fails to be present CONSTITUTES the Executive branch and
invoking EO 464, such invocation must be anything which impairs his usefulness necessarily
construed as a declaration to congress that the impairs the operation of the gov’t.
Pres/ Head of office has determined that the DAVID v. Arroyo xx this however does not mean
requested information is privilege. that the Pres is not accountable to anyone. Like any
There is a violation because: “Once the head of
other official, he remains accountable to the people
office determines that a certain information is
but MAY BE REMOVED from office ONLY
privilege, such determination is presumed to bear
THROUGH IMPEACHMENT x x
the Pres authority and has the effect of prohibiting
the official from appearing before the Cong,
subject only to the EXPRESS
PRONOUNCEMENT of the Pre that it is allowing
the appearance of such official. These therefore
authorizes the pres to allow claim of privilege BY
CHAPTER 11. POWERS OF THE PRESIDENT
MERE SILENCE.
“x x with respect to info the confidential
POWERS OF THE PRESIDENT
nature of which is CRUCIAL to the fulfillment
Is every power relating to enforcement and
of highly executive responsibilities x x “
A. NERI v. Senate Committee (2009) administration of laws to be regarded as
For the claim to be properly invoked, there must belonging to the Pres by virtue of his office?
be a formal claim of privilege, lodged by the DH
which has control over the matter. It requires a Original view: Yes. The enumeration of specific
“precise and certain reason” for preserving their executive powers are considered as intended merely to
confidentiality. specify the PRINCIPAL articles implied in the
At any rate, the Cong may not require the definition of power, LEAVING THE REST TO FLOW
executive to state the reasons for the claim with FROM THE GENERAL GRANT of that power.
such particularity as to compel disclosure of the
information which the privilege is meant to Reconsidered. Stricter Interpretation:
protect.
a. Marcos v. Manglapus. “Powers of the president
PRESIDENTIAL IMMUNITY cannot be said to be limited only to the specific
powers enumerated in the consti. EP is more than
a. (Estrada v. Desierto) the sum of specific powers enumerated therein”
b. Rodriguez v. Arroyo (2011)
b. Phil. Coconut Producers Fed Inc. vs. Republic. SPECIFIC POWERS of the Pres:
x x “Either pursuant to the RESIDUAL POWER of
1. APPOINTING POWER
the pres or BY FORCE of his enumerated powers
Appointment SELECTION/ DESIGNATION, by the
that has control over all matters pertaining to the
authority vested with the power, of an individual who
disposition og gov’t property including
is to exercise the functions of a given office.
sequestered assets x x
The provision in the ADMIN CODE on the so How? ORAL or WRITTEN. Commission is the
called “ Residual Powers” of the Pres written evidence of an appointment.
declares “UNLESS CONGRESS PROVIDES
OTHERWISE, the pres shal exercise such Sec 16. The pres shall nominate and, with the consent
OTHER POWERS and functions vested in of the COA, appoint the heads of the executive dept’s,
the Pres which are provided for under the laws ambassadors, other public ministers and consuls, or
and which are not specifically enumerated officers of the armed forces from the rank of colonel or
above, or which are not delegated by the naval captain, and other officers whose appointments
Pres in accordance with law. are vested in him in this Constitution. He shall also
c. Banda v. Ermita. Power of the president to appoint all OTHER officers of the Gov’t whose
REORGANIZE the offices and agencies in the appointments are not otherwise provided for by law,
executive dept in line with his constitutionally and those whom he may be authorized by law to
granted power of control over executive offices appoint. The Congress may, by law, vest the
and by virtue of his previous delegation of the appointment of other officers lower in rank in the Pres
legislative power to reorganize executive branches. alone, in the courts, or in the heads of departments,
“Continuing Authority” agencies, commissions, or boards.
d. Authority to conduct peace negotiations with rebel
The pres shall have the power to make appointments
groups and to declare state of rebellion, are
DURING THE RECESS of the Cong, whether
ALTHOUGH NOT EXPLICITLY MENTIONED
voluntary or compulsory, but such appointments shall
in the Consti, springs in the main from her powers
be effective only until disapproved by the COA or until
as chief executive and at the same time, draws
the next adjournment of the Cong. “
strength from her Commander-in-chief powers.
e. Issuing Decrees No authority. Within the a. Permanent Appointments extended to those
province of the legislature. Neither Martial law nor persons possessing the requisite eligibility and are
state of emergency can justify such action. thus protected by the Constitutional provision on
“ORDINANCE POWERS” YES. and security of tenure.
may issue any of the following: b. Temporary Appointments given to persons w/o
1. EOs rules of a GENERAL or PERMANENT such eligibility, are revocable at will and w/o the
character in implementation or execution of necessity of just cause or a valid investigation.
constitutional or statutory powers. - “Upon the understanding that the appointing
2. AOs relate to particular aspects of power has not yet decided on a permanent
governmental operations in pursuance of his appointee”.
duties as administrative head. a. General v. Urro. Acting appointments may be
3. MOs matter of administrative detail or of made even to offices with staggered terms.
subordinate or temporary interest w/c only
concern a particular officer/ office of the Gov’t. GR: Pres includes the power to make temporary
4. MCs relating to internal administration, which appointments UNLESS (1) Specifically prohibited by
the Pres desires to bring to the attention of ALL the Consti (2) acting appointment is repugnant to the
or SOME of the Depts/ Agencies, for information nature of the office involved. (Only limitation)
or compliance. - Generally, the purpose for staggering the term of
5. Proclamations Fixing a date or declaring a office is to minimize the appointing authority’s
status or condition of public moment or opportunity to appoint a majority of the
interest, upon the existence of which the operation members of a collegial body. Also, to ensure the
of a specific law or regulation is made to depend, continuity of the body and its policies.
and which shall the force of an EO. - A staggered term of office, however, is not a
6. General or Special Orders Acts and commands statutory prohibition, direct or indirect, against the
of the Pres in his capacity as Commander-in- issuance of an acting or temporary. It does not
chief of the AFP. negate the authority to issue acting or temporary
appointments that Administrative Code Grants.
requisite appropriate eligibility. If he does, 3. Local Elected Officials By proper courts (LGC)
appointment is granted; If he does not,
appointment is denied. “ In all other cases, where the power of removal is
C. Lacson v. Romero. An appointment is deemed lodged in the pres, the same may be exercises by
complete upon acceptance. Pending acceptance, him ONLY for cause as may be provided by law
which is optional to the appointee, the appointment and in accordance with the prescribed
may still be validly withdrawn. administrative procedure.
- Appointment cannot be forced to a citizen Exception:
except pursuant to defense of state under Art - Members of the Cabinet or to executive officials
2. whose term of office is determined AT THE
D. De Castro v. JBC. Prohibited appointments under PLEASURE OF THE PRESIDENT.
Sec 15 do not cover appointments to the SC. At any rate, a REMOVAL PRESUPPOSES
- One of the reasons of Sec 15 is to eliminate FORCIBLE AND PERMANENT SEPARATION
midnight appointments from being made by OF THE INCUMBENT FROM OFFICE
an outgoing chief executive. It only covers BEFORE THE EXPIRATION OF HIS TERM.
appointment made in the executive department
and excludes the judiciary. Their 3. CONTROL POWER.
establishment of the JBC and their subjecting “The executive shall have control of all the executive
the nomination and screening of candidates departments, bureaus and offices. He shall ensure that
for judicial position to the unhurried and the laws be faithfully executed.”
deliberate PROCESS of the JBC ensured that As to decision-making:
NO MA may be done in the judiciary. - Power of an officer to alter/ modify/ nullify/ set
- Process: It is mandatory for the JBC to submit aside what a subordinate officer had done in the
tot eh pres the list of nominees to fill a performance of his duties and to substitute the
vacancy in the SC in order to enable the Pres judgment of the former for that of the latter.
to appoint one of them WITHIN 90 DAYS - Order the doing of an act by a subordinate/ undo
from the occurrence of the vacancy. The such act/ assume a power directly vested in him by
JBC has no discretion to submit the list to the law. (USURPATION??) – “The pres shall have
Pres AFTER the vacancy occurs, because that control of all the executive dept…”
shortens the 90 period allowed by the Consti
for the pres to make the appointment. VS. SUPERVISION:
By virtue of Sec 16 “ Where there are offices - Does not cover the authority of ordering the doing/
which have to be filled but the law does not undoing of an act. It merely sees to it that the rules
provide the process for filling them, the Consti are followed, but he himself cannot lay down such
recognizes the power of the Pres to fill the office rules or have the discretion to modify such rules.
by appointment. Any limitation on or qualification
to the exercise of the pres power to appoint should
be strictly construed and must be clearly stated in DOCTRINE OF QUALIFIED POLITICAL
order to be recognized. “ AGENCY:
2. THE REMOVAL POWER “Acts performed/ promulgated by the heads of dept
From the express power of appointment is the heads in the regular course of business, unless
implied power of the president to remove. disapproved or reprobated by the chief executive, are
However, it is not correct to say that all PRESUMABLY the act of the chief executive them
officials appointed by him (pres) are also being alter egos of the president. “
removable by him since the consti prescribes - Adopted out of practical necessity: Pres
certain methods for the separation from the cannot be expected to personally perform the
public service of some officers. multifarious functions of the executive office.
Examples: Relate to: Doctrine of exhaustion of administrative
1. Members of the SC, Ombudsman, and ConCom remedy: “Further appeal from a decision of a cabinet
By impeachment. secretary may be taken to the Office of the president
**Deputy Ombudsman By Pres. Expressly before resorting to judicial action. “
conferred upon him said power. - NOT ABSOLUTE. Recognized exception is when
there exists a special law that provides for a
2. Judges of inferior courts By SC different mode of appeal. Such “executive
control” may be limited by the Consti, by law, or from the proclamation of ML/ suspension of WHC,
by judicial decisions. pres shall submit a report in person or in writing to
- Doctrine is NOT APPLICABLE: To acts of CS the Congress. The Cong, VOTING JOINTLY, by a
done in their capacity as ex officio members vote of at least a majority of all its members in
(BODs of GOCC) of a particular office not by regular/ special session, may revoke such
appointment of the Pres but by OPERATION OF proc/suspension, which revocation shall NOT BE
LAW. SET ASIDE BY THE PRES. Upon the initiative of
the pres, the Cong may extend such proc/sus for a
Sec 17 is a self-executing provision. The pres period to be determined by the Cong, if the invasion/
derives his power of control directly from the rebellion shall persist and public safety requires it.
consti and not from any implementing legislation.
The Cong, if not in session, shall w/in 24 hours ff.
proc/sus, convene in accordance with its rules w/o
need of a call.
The power of control is exercisable by the
president over the ACTS of his subordinates and The SC may REVIEW, in an appropriate proceeding
not necessarily over the SUBORDINATE filed BY ANY CITIZEN, the sufficiency of the factual
himself. basis of the proc/sus, and must promulgate its
- The pres, through the secretary of justice can decision w/in 30 days from its filing.
order the provincial fiscal to reverse his
actions. DOJ secretary acting in the regular A state of ML does not suspend the operation of the
discharge of his functions as an alter ego of the Consti, nor supplant the functioning of the civil
pres. As a subordinate in this department courts/ legislative assemblies, nor authorize the
(FOJ), PF is bound to obey the Secretary’s conferment of jurisdiction on military courts and
directives, which are presumably the acts of agencies over civilians where civil courts are able to
the pres of the PH. function, nor automatically suspend the privilege of
TAKE-CARE CLAUSE the writ.
- The power to take care that the laws be
The suspension of the privilege of the writ shall
faithfully executed makes the pres a dominant
APPLY ONLY to persons judicially charged for
figure in the admin of the gov’t.
rebellion or offenses inherent in or directly connected
- However, it is not for him to determine the
with invasion.
validity of a law since this is a question
exclusively addresses to the judiciary. Hence, During the suspension, any person thus arrested or
until and unless a law is declared unconsti, the detained shall be JUDICIALLY CHARGED within 3
pres has a DUTY TO EXECUTE it regardless days, otherwise he shall be released.
of his doubts on its validity. A contrary
opinion would allow him not only to negate Bolsters the principle “civilian authority is, at all
the will of the legislature but also to encroach times, supreme over the military”
By making the pres the CIC, it lessens the danger
upon the prerogatives of the judiciary.
- The pres power to conduct investigations to of military take-over of the gov’t in vio of its
aid him in ensuring the faithful execution of republican nature.
Although pres in the CIC, he will be so ONLY if
laws is inherent in the pres power. It flows
there are armed forces to command. These forces
from the faithful-execution clause of the
will be raised by the Cong in the exercise of its
Consti under Art 7 sec 17. As CE, he
represents the gov’t as a whole and sees to it general legislative power, “citizen to render
personal military or civil service.”
that all laws are enforced by the officials and
Military power ENABLE THE PRES TO:
employees of his dept.
a. Command all the AFP
b. Suspend the PWHC
4. THE MILITARY POWER
c. Declare ML
Art 7. Sec. 18. “x x The pres shall be the CIC of all
armed forces of the PH x x In case of invasion or a. COMMAND THE AFP
rebellion, when the public safety requires it, he may, Organize Court martials- aid the pres in
for a period NOT EXCEEDING 60 DAYS, suspend properly commanding and enforcing discipline
the privilege of the WHC or place the PH or ANY in the armed forces. They are in fact simply
PART thereof under MARTIAL LAW. Within 48 hours instrumentalities of the executive power
If not in session, cong shall convene with 24 hours - Exercise is discretionary in the Pres and may
ff. the suspension/declaration. not be controlled by the legislature or reversed
5. The Cong may then, voting jointly, by a majority by the courts, save only when it contravenes
vote, revoke his action. the limitations provided for by law.
6. The revocation may not be set aside by the Pres Pardon An act of grace which exempts the
7. By the same vote and in the same manner, upon individual on whom it is bestowed from the
the initiative of the pres, the suspension/proc punishment which the law inflicts for the crime he has
maybe extended for a period to be determined by committed.
the Cong if the invasion or rebellion and the public Commutation reduction or mitigation of the penalty.
safety requires it. (Death- LI)
8. The action of the Pres and Cong shall be subject to Reprieve postponement of a sentence to a date
review by the SC which shall have the authority to certain, or a stay of execution.
determine the sufficiency of the factual basis of
such action. THIS MATTER IS NO LONGER LIMITATIONS:
CONSIDERED AS A POLITICAL QUESTION 1. X = Impeachment.
and maybe raised in an appropriate proceeding by X judicial or criminal prosecution and
any citizen. SC shall decide w/in 30 days from therefore does not essentially come under the
filing. pardoning power. However, a party
CONVICTED in an impeachment proc is
“The constitutional validity of the pres proclamation of subject to prosecution in an ordinary criminal
ML or SPWHC is first a political question in the hands action- pardon? YES.
of Cong before it becomes a justiciable one in the 2. Viol. of any election law, rule or regu W/O the
hands of the Court” FORTUN v. ARROYO (2012). favorable reco of the COMELEC.
Also, although the court may inquire to the factual 3. X = LEGISLATIVE CONTEMPT- vio doctrine o
basis of such action (pres exercise of such power), it SP.
would generally defer to her judgment on the matter. 4. X = Civil contempt- this would involve the benefit
Unless there is a showing of GAD, Court will accord not of the State itself but of the private litigant
respect to the Pres judgement. whose rights have been violated by the contemner.
5. X = for the purpose of absolving the pardonee of
9. ML does not automatically suspend the PWHC or civil liability, including judicial cost, since, again,
the operation of the Consti. The civil courts and the interest that is remitted does not belong to the
the legislative bodies shall remain open. Military State but to the private litigant.
courts and agencies are not conferred jurisdiction 6. After CONVICTION by final judgment
over civilians where the civil courts are 7. X restore offices forfeited
functioning.
10. The SPWHC shall apply ONLY TO PERSONS
FACING CHARGES OF REBELLION OR KINDS OF PARDON:(absolute. Conditional.
INVASION. Plenary. Partial)
11. Any person arrested for such offense must be a. ABSOLUTE. No strings attached.
judicially charged within 3 days, otherwise he - No option but to accept. In this case, AP is similar
shall be released. to commutation which is also not subject to
acceptance.
b. CONDITIONAL. Convict is required to comply
with certain requirements.
- Offender has the right to reject it since he may
5. THE PARDONING POWER (Sec 19) feel that the condition imposed is more onerous
“Except in cases of impeachment, or as otherwise than the penalty sought to be remitted.
provided in this Consti, the Pres may grant reprieves, - Condition must be so extensive with the penalty
commutations, and pardons, and remit fines and remitted unless otherwise indicated.
forfeitures, AFTER conviction by final judgment. - Violation of the condition before the expiration
He shall also have the power to grant amnesty with of the remitted penalty, the pardon itself is
the concurrence of a MAJORITY OF ALL MEMBERS deemed invalidated and the padonee may either
OF CONG. be recommitted by the Pres or prosecuted under
- Executive clemency. the RPC in w/c case the penalty is PC, except
when the penalty remitted is higher than 6 years, in
which event he shall serve the unexpired portion of convicted; A looks backward and abolishes and
his original sentence. puts into oblivion the offense itself. “ As if he had
- The remedies are not mutually exclusive and committed no offense”
may be successively availed of by the pres.
“The power to ratify treaty is vested in the Pres, 4. The appellate juris of SC may not be increased by
subject to the concurrence of the Senate”. law w/o its advice and concurrence.
The role of the Senate is limited only to giving or 5. Appointees to the judiciary are now nominated by
withholding its consent, or concurrence, to the the JBC and no longer subject to confirmation by
ratification. Hence, it is w/in the authority of the the COA.
Pres to refuse to submit a treaty to the Senate, or 6. SC now has administrative supervision over all
having secured its concurrence, refuse to ratify it. courts and their personnel
Such decision cannot be encroached by the Court via a 7. SC has exclusive power to discipline judges of LC.
writ of mandamus. 8. Mem of SC and all LC have security of tenure, w/c
cannot be undermined by a law reorganizing the
- While sec 21 requires the concurrence of the judiciary.
senate, such pertains only to the validity of the 9. X designated to any agency performing QJ or
treaty, NOT TO THE CONDUCT of negotiations Admin functions.
attendant to its conclusion. 10. Salaries may not be reduced during their
continuance in office
11. Judiciary shall enjoy fiscal autonomy
8. BUDGETARY POWER 12. SC may initiate rules of court
Sec 22. “Pres shall submit to the Cong w/in 30 days 13. Only SC may order the temporary detail of judges
form the opening of every regular session, as the 14. SC can appoint all officials and employees of the
BASIS OF THE GAB, a budget of expenditures and judiciary.
sources of financing, including receipts from existing
and proposed revenue measure.” Judicial Power duty of the courts of justice to
- Best position to determine the needs of the settle actual controversies involving rights w/ are
gov’t and propose the corresponding legally demandable and enforceable, and to
appropriations therefor on the basis of existing determine won there has been GAD amounting to
or expected sources of revenue. lack or excess of juris on the part of any branch or
instrumentality of the gov’t.*
NOTE: Cong may not increase the appropriations
recommended by the Pres for the operation of the (Art 8. Sec 1)” vested in one Supreme Court** and in
Gov’t as specified in the budget. such lower courts as may be established by law.”
9. INFORMING POWER *The 2nd part represents the broadening of judicial
Sec 23. Pres shall address the Cong at the opening of power to enable the courts to review what was
the regular session. He may also appear before it at before forbidden territory, to wit, the discretion of
any other time. the political depts. of the gov’t.
- When the grant of power is qualified/
10. OTHER POWERS
conditional, the issue of whether the
a. Call the Congress for special session
prescribed qualifications or conditions have
b. Approve or veto Bills
c. Consent to the deputization of gov’t personnel been met or the limitation respected is
by COMELEC JUSTICIABLE- the problem being one of
d. Discipline its deputies VALIDITY/ LEGALITY, not its wisdom.
e. By delegation, exercise emergency powers and (IBP v. ZAMORA)
tariff powers - Moreover, even if the question were political
in nature, it would still come w/in the court’s
CHAPTER 12. THE JUDICIAL DEPARTMENT power of review, “x x determine won there is
GAD of discretion amounting to L/E of J”
INDEPENDENCE OF THE JUDICIARY. To
(Daza v. Singson)
maintain independence, the ff. safeguards have been
- Also, independently of the determination of
embodied in the consti.
GAD, judicial power may be exercised “when
1. SC is (the only) a constitutional body. It cannot be
there are serious allegations that a law has
abolished nor may its membership or manner of its
infringed the Consti- It becomes not only a
meetings be changed by mere legislation.
right but a duty of the court to UPHOLD
**All other courts statutory creation.
2. Member of SC may not be removed except by THE SUPREMACY OF THE CONSTI.
** Legislature X created even temporary SC.
impeachment.
3. SC may not be deprived of its minimum original
and appellate juris.
JP includes the power of the courts to “alter, - Takes the place of COA in the manner of
modify or set aside their decisions before they appointments.
become final and unalterable.
It covers as well as the continuing authority of the EX OFFICIO MEMBERS:
SC to enforce its final decisions because the a. Chief justice (RM: 4 yrs)
b. Sec of Justice (RM: 4 yrs)
execution of its decisions is but an integral part of
c. Rep of the Congress (RM: 4 yrs)
its adjudicative function. Accordingly, it may
d. Rep of IBP- 4 yrs (appointed)
issue a writ of continuing mandamus to ensure e. Professor of law- 3 yrs (appointed)
compliance w/ its decision. f. Retired member of SC-2 yrs (appointed)
g. Rep of Private Sector- 1 yr (appointed)
h. Sec of SC- ex officio sec of JBC
a. JURISDICTION
Sec 2. “The Congress shall have the power to define, **First regular members 4-3-2-1 staggered terms, to
prescribe, and apportion the jurisdiction of the be followed with new appointments who shall serve
various courts but may not deprive the SC of its for the full term of 4 years.
jurisdiction over cases enumerated in Sec 5 hereof”. - No need for the confirmation of COA. One
- Authority by which the court take cognizance of instance where appointments made by the pres
and decide cases, the legal right by which judges may not be checked by COA.
exercise their authority.
e. FISCAL AUTONOMY
b. APPOINTMENTS Sec 3. “The judiciary shall enjoy fiscal autonomy.
Sec 9. Members of the SC and judges of lower courts Appropriations for the Judiciary may not be reduced
shall be appointed by the Pres from a list of at least 3 by the legislature below the amount appropriated for
nominees prepared by the JBC for every vacancy. the previous year and, after approval, shall be
Such appointments need no confirmation. automatically and regularly released”.
For the lower courts, the Pres shall issue the
appointments w/in 90 days from the submission of the - Freedom from outside control.
- Entitles it to levy, assess and collect fees. Any law
list.
which provides for an exemption (GOCCs/LGU)
- At least 3: Give pres the leeway in the exercise of
froms aid fees would be violative of the court’s
his discretion when he makes his appointment. If
fiscal autonomy.
nominee would only be one, the appointment
- “sale to the retired justices of specifically
would be in effect made by the JBC, w/ the pres
designated properties that they used during their
performing only the mechanical act of formalizing
incumbency has been recognized both as a
the commission.
privilege and benefit granted as a form of
c. QUALIFICATIONS- “Every member of the additional retirement benefit by the Court to its
judiciary be a person of proven competence, officials and employees in the exercise of its power
integrity, probity, and independence” of administrative supervision” – Courts may not
be obstructed from their freedom to use/dispose of
Sec 7. (1) No person shall be appointed member of the their funds for purpose germane to judicial
SC or any lower collegiate court unless he is a NBC of functions.
PH. A mem of SC must be at least 40 years old, and
must have been for 15 years or more a judge of a f. COMPOSITION OF SC (15 members)
lower court or engaged in the practice of law in the - Enable the court to cope more effectively w its
PH. mounting backlog cases.
- Qualifications SC mem EXCLUSIVE. May - Meet: en banc OR in division (3-5-7 divisions);
not be increased or reduced by Cong through fixed by the consti and may not be changed by
ORDINARY LEGISLATION. statute.
- But in the case of the judges in the LC, Cong is
Sec 4. (1) “SC shall be composed of a CJ, and 14
EXPRESSLY authorized by par (2) to ADD
Associate Justice.It may sit en banc or in its division of
constitutional qualifications. **It should be noted
3-5-7 members only. Any vacancy shall be filled within
tha NBC is not required for courts lower than
90 days from the occurrence thereof. “
collegiate courts.
Query: What if the 90-day requirement conflicts with
d. JUDICIAL AND BAR COUNCIL the prohibition that the Pres cannot appoint w/in 2 mos
immediately following the next presidential election - It must be real and substantial admitting of
up to the end of his term? (Sec 15, Art 7- Midnight A?) SPECIFIC RELIEF through a decree that is
conclusive in character, as distinguished from an
De Castro v. JBC (2010). “Pres may provide for
opinion advising what the law would be upon a
appointments in the judiciary even within the
hypothetical state of facts.
prohibited time under Sec 15”. This applies to all other 1. Pimentel v/. Aguirre. “Even a singular vio of the
appointments in the judiciary”. consti and/or the law is enough to awaken judicial
A. EN BANC cases duty. “
2. Province of North Cotabato v Gov’t of the RP
Sec 4. (2) “x x constitutionality of a treaty, IA or EA Peace panel on ancestral domain. “ The
or la, ... and all other cases which under the RC are allegation that the law or act in question is not yet
required to be heard en banc, including those effective does not negate ripeness.
involving the constitutionality, application, or 3. Philconsa v Villareal. “Petition compelling SHR
operation of PDs, proclamations, orders, and other to produce the books of account of that body,
regulations, SHALL BE DECIDED with the however before it could be decided, the 1973
concurrence of a MAJORITY of the members who consti abolished Congress. SC: moot and
actually took part in the deliberations on the issues in academic.
the case and voted thereon”. “MOOT & ACADEMIC” principle is not a magic
formula that can automatically dissuade the courts
B. DIVISION cases in resolving a case.
Sec 4. (3) “Cases heard by division shall be resolved - Courts will discuss moot and academic cases if:
w/ the concurrence of a MAJORITY of the members a. There is GRAVE VIO of the Consti
who actually took part in the deliberations on the b. The exceptional character of the situation
issues in the case and voted thereon and in no case, and the paramount public interest is
w/o the concurrence of at least 3 of such members. involved;
When the required number is not obtained, the case c. The constitutional issue raised requires
shall be decided en banc: Provided: That no doctrine formulation of controlling principles to
or principle of law laid down by the court in a guide the bench, the bar, and the public;
decision rendered en banc or in division may be d. Case is capable of repetition yet evading
modified or reversed except by court sitting en banc. review. (1 yr residency requirement of those
running in the P.O, Election offenses
- There are now 3 divisions of SC with 5 mem
notwithstanding proclamation of municipal
each.
mayors , lawfulness of certain appointments,
G. JUDICIAL INQUIRY; Requisites. To invoke the despite the approval of CSC= to avoid
jurisdiction of the court. (Dumlao v. Comelec) repetition.
1. Actual Controversy 1. (FUNA V. THE CHAIRMAN ON COA). Court
2. Question of constitutionality must be raised by proceeded to resolve the petition challenging the
the proper party appointment of respondent despite his subsequent
3. The constitutional question must be raised at the resignation. [4 exceptions to the mootness rule
earliest opportunity; and are present]
4. The decision of the constitutional question must 2. THE PROVINCE OF NORTH COTABATO V.
be necessary to the determination of the case THE GOV’T OF THE RP PEACE PANEL ON
itself; ANCESTRAL DOMAIN.(IN re: MOA-AD)
- “ The assertion that the MOA-AD is subject to
a. ACTUAL CASE. – Involves a conflict of legal further legal enactments including possible
rights, an assertion of opposite legal claims constitutional amendments more than ever provides
susceptible of judicial resolution. impetus for the court to formulate controlling
- Capable of being interpreted and enforced on principles to guide the bench and the bar and the
the basis of existing law and jurisprudence. public, and in the case the gov’t and its negotiating
entity.
Controversy appropriate for judicial determination. Issues involving transcendental importance. (ex.
Touching the legal relations of parties having adverse Construction and operation of international
legal interest. airports)
3. ATIENZA v. VILLAROSA.Court ruled on the
lawfulness of the Governors POs and termination
of casual employments despite the expiration of c. Lack of any party with a MORE DIRECT AND
his term. Reason: There is compelling reason for SPECIFIC INTEREST in raising the questions
the - Court to resolve the issues presented in order being raised.
to clarify the scope of the respective powers of
Gov and V-Gov under the LGC. X= “general interest” shared w/ the rest of the
citizenry. (IBP case questioning Pres estra order
b. PROPER PARTY deploying the Marine to combat criminality in
- one who has sustained or is in immediate metro manila)
danger of sustaining an injury as a result of Ordinary citizens may be considered as clothed
the act complained of. Otherwise, NO LEGAL with locus standi when:
PERSONALITY to raise the constitutional a. Proceeding involves a PUBLIC RIGHT/ Right
question. to information & Freedom of expression is
1. PEOPLE V. VERA. “Gov’t of the PH was a invoked;
proper party to challenge the constitutionality of b. Issues raised by them are of transcendental
the probation act because, more than any other, it importance w/c must be settled early.
was the gov’t itself that should be concerned over
the validity of its own laws. “ - When the issue involves a public right, it is
2. Quo warranto proceeding Proper party is the sufficient that the petitioner is a citizen and has an
person claiming the position subject of the case. interest in the execution of laws.
The private person suing must show a clear right
to the contested office. c. EARLIEST OPPORTUNITY. x x such that if it
is not raised in the pleadings, it cannot be
- TAX PAYER’S SUIT is now recognized. considered at trial, and, if not considered on trial,
GROUNDS: it cannot be considered on appeal”.
(1) Illegal disbursement of PF (2) Tax measure is
unconstitutional (3) illegal purpose (4) there is EXCEPTIONS:
wastage of PF through the enforcement of an a. In crim cases, AT ANY TIME in the discretion
invalid or unconsti law (5) loan contracts are of the court;
serviced or paid through a disbursement of PF. b. In civil cases, at ANY STAGE, if it is necessary
to the determination of the case itself;
TP must show that (1) the act complained of c. In every case, except where there is estoppel, at
directly involves the illegal disbursement of PF ANY STAGE, if it involves the jurisdiction of
derived from taxation, hence in doing so a law is the court.
violated or some irregularity is committed (2) he
d. NECESSITY OF DECIDING THE
will sustain direct injury from the act.
CONSTITUTIONAL QUESTION
NOTE: SC retains discretion WON to allow a TP The reason why courts will as much as possible
suit. Being a mere procedural technicality, the avoid the decision of consti question: Doctrine
requirement of locus standi may be waived by the of SP w/c enjoins upon each dept a proper respect
court in the exercise of its discretion. for the acts of the other depts.
“Every law has in its favor the presumption of
Senators are proper parties in suits involving regularity. Unless declared invalid, the same is
claims that the official action complained of valid and binding for all intents and purposes”.
infringes their prerogatives as such. (Prohibition of The theory is that, as the joint act of the legislative
a plebiscite for the ratification of a proposed consti and executive authorities, a law is supposed to
amendment). have been carefully studies and determined to be
3. SENATE V. ERMITA (2006). Who: PDP Laban constitutional before it was finally enacted. Hence,
questions the validity of EO 464. X LP as long as there is some other basis that can be
Requisites: used for its decision, the constitutionality will not
a. Public fund be touched and the case will be decided on some
b. Presence of a clear case of disregard of a other grounds.
constitutional or statutory prohibition by the public For reasons of public policy, constitutionality
agency cannot be COLLATERALLY ATTACKED.
EFFECTS OF A DECLARATION OF NULLITY
a. Orthodox view. (Norton v. Shelby County)
- An unconstitutional act is not a law; it confers no Sec 5. (1). “Exercise OJ over cases affecting
rights, it imposes no duties, it affords no ambassadors, other public ministers, and consuls, and
protection; it creates no office, IT IS IN LEGAL over petitions for certio, prohi, manda, quo, and
CONTEMPLATION, inoperative, as if it had habeas corpus”
not been passed. All persons are bound by the
Under IL, diplomats, and even consuls to a
declaration of unconsti.
lesser extent, are not subject to the jurisdiction
Exception to the general rule (orthodox view) of the courts of the receiving state. In such
Basis: The actual existence of a statute prior to its instances, the SC can and probably should take
declaration of unconsti was an operative fact that cognizance of the litigation.
might have consequences w/c could not justly be Certio, prohi, manda are special civil actions.
ignored. The questions raised here are Q of Juris and
- This “doctrine of operative fact”, as an exception GAD. In quo, title of the respondent and
to the GR, only applies as a matter of equity and habeas corpus, a spec pro.
fair play. The past cannot always be erased by a Although jurisdiction in these matters are
new judicial declaration. conferred concurrently w/ CA and RTC, the
- The doctrine is applicable when a declaration of nature and importance of the issues raised
unconsti will impose an undue burden on those may warrant direct resort to the SC.
who have relied on the invalid law. However, SC maintained though that its
- It can never be invoked to validate an unconsti possession of OJ over these petitions does not
law. The unconsti law remains unconsti, but its give the parties complete liberty or discretion
effects prior to its declaration as such may be left to file their petition in any of these courts. In
undisturbed as a matter if equity and fp. the absence of special reasons, they cannot
- Also applies to Executive acts e.g EOs (since they disregard the hierarchy of courts by seeking
have the force and effect of a law) later on relief directly from this court despite the fact
declared invalid (Hacienda Luisita v. PARC) that the same is available in the lower
tribunals in the exercise of their original
b. Modern view. The court in passing upon the concurrent J.
question of constitutionality does not annul or PRINCIPLE OF JUDICIAL COURTESY
repeal the statute if it finds it in conflict with the based on the hierarchy of courts and applies
consti. It simply refuses to recognize it and only to lower courts in instances where, even
determine the rights of the parties just as if if there is no writ of preliminary injunction
such statute had no existence. The decision or tro issued by a higher court, it would be
affects the parties only and there is no judgment proper for a lower court to suspend its
against the statute. The parties to the suit are proceedings for practical and ethical
concluded by the judgment, but no one else is considerations.
bound. - Applies where there is “ a strong probability
that the issues before the HC would be
PARTIAL UNCONSTITUTIONALITY.
rendered moot and moribund as a result of the
Pursuant to the doctrine of SP, courts hesitate to
continuation of the proceedings in the LC or
declare a law totally unconsti and, as long as possible,
court of origin”
it will salvage valid portions thereof in order to give - This principle cannot be applied to the Pres,
effect to the legislative will. who represents a co-equal branch of the gov’t.
Requisites: PRINCIPLE OF HIERARCHY OF
a. Legislature is willing to retain the valid portions COURTS. Recourse must first be made to the
even if the rest if the statute is declared unconsti. lower-ranked court exercising concurrent
- May be expresses: Separability clause jurisdiction with a higher court.
b. Valid portions can stand independently as a b. APPELLATE JURISDICTION
separate statute. Art 5, Sec 2. x x review, revise, reverse on appeal or
certiorari.. final judgment/ order of LC or other QJB
xx
POWERS OF THE SUPREME COURT
1. All cases in w/c the constitutionality/ validity of
a. Original Jurisdiction any T/ I/E agreement..
aspect thereof had been duly endorsed or referred Sec 14. No decision shall be rendered by any court
to the SC for adjudication. w/o expressing therein CLEARLY and DISTINCTLY
- Lawyers who occupies what may be termed as QJ the facts the law on which it is based.
office since he performs official functions that are
akin to judges- part of the QJ system of the gov’t. No petition for review/MR shall be refused or denied
(Ex. Provincial Adjudicator of the DAR.- TADLIP w/o stating the legal basis therefor.
v. Atty Bores Jr. 2005 - Reason: DUE PROCESS.
- W/O it, losing party cannot pinpoint the possible
errors of the court for review by the higher
TENURE OF JUDGES tribunal.
- Only applies to DECISIONS (Judgement
Sec 11. “Member of the SC and judges of the LC shall rendered after the presentation of proof or on
hold office DURING GOOD BEHAVIOR until they basis of a stipulation of facts). Mere ORDERS
reach 75 or become incapacitated to discharge the are not covered since they dispose of only
duties of their office. INCIDENTS of the case, such as
SC en banc shall have the power to discipline judges postponements. The only exception is an
of LCs or order dismissal by a vote of majority of ORDER OF DISMISSAL ON THE MERITS.
the members who actually took part in the CHUNG v. MONDRAGON. As long as the decision
deliberations in the issues in the case and voted is COMPLETE, CLEAR and CONCISE, there would
thereon. be no breach of the consti mandate. “Brevity should
- Security of tenure until they reach the retirement not be mistaken for Levity”
of age of 70. - Minute Resolutions Nothing wrong. As where
- Members of the judiciary may be removed only in
the case is patently w/o merit. In any case, the
proper admin proc conducted or ordered by SC.
court is not duty bound to render signed decisions
- Included in the “Judges of LC”-Judges of
all the time. As long as a legal basis is given,
Sandiganbayan.
minute resolutions are valid.
- Power of the Cong to create, reorganize, or even
- This constitutional mandate is also
abolish courts INFERIOR TO SC is plenary. The
INAPPLICABLE to admin cases decided by SC.
security of tenure is not a personal privilege.
- Par 2 of this section is NOT APPLICABLE TO
Note: Relate to Sec 2. “No law shall be passed Administrative Proceedings conducted by
reorganizing the judiciary when it undermines the Excecutive / Admin Bodies nd of Military
security of tenure of its members” Tribunals because they are nor court of justice.
proc; the question settled by the appellate court PERIODS FOR DECISION. MANDATORY!!!
becomes the law of the case at the LC and in any
“x x within 24 mos from the date of submission for the
subsequent appeal.
5. STARE DECISIS ET NON QUIETA MOVERE. SC and unless reduced by the SC, 12 mos for all lower
“Adhere to precedents, and not to unsettle things collegiate courts, and 3 mos for all other LCs.
which are established”. When SC has laid down a Deemed submitted for decision/reso: Filing of the last
principle of law as applicable to a certain state pleading, brief, memoranda”
of facts, it will adhere to that principle, and
apply it to all future cases, where such facts are CHAPTER 17. ACCOUNTABILITY OF PUBLIC
substantially the same; regardless of whether OFFICERS.
the parties and property are the same. “Public office is a public trust”
ADHERENCE TO JUDICIAL PRECEDENTS.
- Underlying reason for the relaxation of
6. FINALITY OF JUDGMENT OR
requirements of due process of law in admin
IMMUTABILITY OF JUDGMENT. Once a
pro.
judgment has become final and executory, it may
no longer be modified in any respect, even if the Note: ADMIN OFFENSES DO NOT PRESCRIBE.
modification is meant to correct an erroneous By its very nature, pertain to the character of public
conclusion of fact or law, and regardless of o/e. In disciplining public o/e, the object sought is not
whether the modification is attempted to be made the punishment of the officer but the improvement of
by the court rendering it or by the highest court of the public service and preservation of the public’s faith
the land, as what remains to be done is purely in our gov’t.
ministerial enforcement or execution of judgment.
I- IMPEACHMENT- Power of cong (senator-judges)
Purpose: to remove a public o/e for serious crimes or
a. Avoid delay misconduct.
b. Put an end to judicial controversies, at the risk of
occasional errors, which is precisely why courts NATURE: Essentially a non-legislative prerogative
exist. and can be exercised by the CONG only within the
limits provided for by the consti.
Exemptions:
a. Correction of clerical errors A. Impeachable officers: (EXCLUSIVE!) (ART 11,
b. Nunc pro tunc entries which cause no prejudice to sec 22)
any party 1. Pres
- An entry made now of something w/c was actually 2. VP
previously done, to have the effect as of the former 3. Members of the SC
4. Members of the ConCom
date. Its office is not to supply omitted action by
5. Ombudsman
the court, but to supply an omission in the record
- Deputy Ombudsman and Special Pros are
of action really had, but omitted through
NOT impeachable officers even if the law
inadvertence or mistake.
provides for the same grounds as removal by
c. Void judgments
impeachment.
d. Whenever circumstances transpire after the finality
- SANDIGANBAYAN. NO. Can be removed by the
of the decision that render its execution unjust and
SC. “all judges of the LC (Sandiganbayan
inequitable.
included)- are under the disciplinary power of the
SALARIES OF JUDGES- SC”.
- Impeachable officers who are members of the Bar
Sec 10. “xx CJ, Associate Justices and of Judges of cannot be disbarred w/o first being impeached.
LC shall be FIXED BY LAW. During their (People v. Benipayo)
continuance in office, their salary cannot be
decreased. “ B. GROUNDS FOR IMPEACHMENT (Not
exclusive)
PERFECTO V. MER and Endencia v. DAVID.
a. Culpable vio of the consti
- Imposition of income taxes on their salaries b. Graft and Corruption
was unconsti because it would result in the c. Treason
reduction of their salary. d. Betrayal of PT- “catch-all” to cover all acts not
punishable by the criminal statutes but
nonetheless, render the offender unfit to continue Involve the exercise of wisdom and discretion
-
in office. Ex. Inexcusable negligence, favoritism, and therefore come under the category of PQs.
obs of justice. BUT the courts may annul the pro IF there is a
-Less than criminal but must be attended by bad showing of GAD committed by the Cong OR
faith and of such gravity and seriousness as the noncompliance with the procedural req of the
other grounds for impeachment. consti (ex. Par2)
e. Bribery Judgment of conviction is also NOT SUBJECT to
f. Other High crimes the pardoning power of the pres.
-At least 1 deputy for LuzViMinda tainted with GAD, is to file an original action
-A separate deputy for the military for certiorari under Rule 65 with the SC.
establishment may likewise be appointed. Has direct disciplinary authority over elected and
B. APPOINTMENT appointed officials of the gov’t except those who
- Appointed by the PRES from a list of at least 6 can only be removed through Impeachment/ Mem
nominees prepared by JBC, and from a list of of congress and the judiciary.
3 nominees every vacany thereafter. - “Not merely advisory” but “actually
C. TERM mandatory w/in the bounds of law”.
- Fixed at 7 years w/o reappointment, and is Has the power to impose the penalty of
NOT STAGGERED. removal, suspension, demotion, fine or
- Prohibited to run for elective position censure of a public o/e (ADMINISTRATIVE
immediately following their cessation from SANCTIONS)
Office. The prescriptive period of “one year” does not
refer to the prescription of the offense but to the
D. POWERS and FUNCTIONS
discretion of the ombudsman on whether it would
investigate a particular administrative complaint.
Sec 12. “xx act promptly on complainants filed in any
Under RA 6770, the Ombudsman or his deputy
form or manner against public o/e of the gov’t, or any
may preventively suspend any o/e under his
subd including GOCCs, and shall, in appropriate
authority pending an investigation if in his
case, notify the complainants of the action taken and
judgment: (without pay: 6 mos)
result thereof”
a. Evidence of guilt is strong
The Ombudsman may delegate the fact-finding b. The charge involves dishonesty, oppression,
aspect of this function to the NBI. grave misconduct or neglect of duty
Ombudsman exercises both criminal and c. Charge would warrant removal from the
administrative jurisdiction. service
Exercises primary jurisdiction to investigate d. Respondents continued stay may prejudice the
act/omission of public o/e of a public officer in case filed against him.
CRIM CASES cognizable by the Preventive suspension, although immediately
Sandiganbayan and concurrent juris w/ other executory, may be subject to MR.
investigative agencies of the gov’t w/ respect to Appeal in ADMIN CASES Court of Appeals,
criminal cases involving public o/e cognizable Rule 43. Such an appeal may be MADE IF THE
with the regular courts. PENALTY IS MORE THAN 1 MONTH. Said
It can conduct PI and prosecute criminal and penalty shall however be immediately executory
administrative cases involving not only public even pending appeal in the CA. It may not be
o/e who fall w/in the juris of Sandiganbayan stayed by the filing of an appeal or the issuance of
but also those subject to the jurisdiction of an injunctive writ.
regular courts as well, even if lower than If penalty is less than 1 mo Final and
salary grade 27. (Uy v. Sandiganbayan 2001) unappealable. However, it would still be subject
It need not conduct PI if it finds the complaint to the test of arbitrariness or GAD through a
devoid of merit and instead recommends its petition for certiorari under Rule 65 w/c may be
outright dismissal. It is also w/in their discretion to filed before the CA.
determine whether PI should be conducted. Doctrine of Res Judicata does not apply to
GR: SC will not interfere with the Ombudsman’s decisions of the Ombudsman. The doctrine
exercise of his investigatory and prosecutor power applies only to judicial and QJ proceedings, NOT
EXCEPT: GAD. TO THE EXERCISE OF ADMIN POWERS.
Mandamus? YES.
While the Ombudsman has full discretion to E. DEPUTY OMBUDSMAN and PERSONNEL of
determine WON a crim case should be filed in the the office of the ombudsman.
Sandiganbayan, however, ONCE THE CASE has
been filed with said court, it is the Sandiganbayan, Sec 10. “The o/e of the office of the ombudsman
and no longer the Ombudsman, which has full OTHER THAN THE DEPUTIES (Appointed by the
control of the case. Pres), shall be appointed by the Ombudsman accdg
The remedy of aggrieved parties from reso of to the CSC Law. “
the Ombudsmans finding probable cause in
criminal cases or non- admin cases, when
- Not impeachable although the grounds for WHEN: Upon assumption of office and as often as
their removal are the same as the grounds for may be required by law.
impeachment.
- Power of the pres to remove deputy - In order to suppress any questionable
ombudsman- justified by the Pres power to accumulation of wealth. “Any public o/e who
appoint: necessarily carries with it the power has acquired money or property manifestly
to remove. disproportionate to his salary or his other lawful
- Consistent with the doctrine of primary income shall be prima facie presumed to have
jurisdiction, when the Pres takes congnizance illegally acquired it”(Ombudsman v. Rancho
of an admin case against a Deputy 2011)
Ombudsman, the latter would be precluded - Basis of monitoring the income and lifestyle of
from taking cognizance over the same. public o/e to promote transparency in gov’t.
(Concurrence of jurisdiction) CHANGE OF CITIZENSHIP
F. THE SPECIAL PROSECUTOR - “ipso facto” lose his title to the office held by him
- “OLD TANODBAYAN”. Limited to and here in the PH”. At any rate, the phrase “shall be
charged with the prosecution of graft and dealt with by law” leaves the final say on this
corrupt cases. matter to the legislature, which could enact the
- Allowed to retain such powers as had not been needed law.
transferred to the Ombudsman. - Allegiance necessarily springs from, or is the
essence of citizenship, as a requirement for public
G. ILL-GOTTEN WEALTH office, such that when the indi voluntarily retains
- Ferret out and recover unlawfully acquired or maintains his ties w/ a foreign country, he
properties, which are supposed to be forfeited cannot claim sole allegiance to the RP and would
to the State. therefore be disqualified.
Sec 15. The right of the state x x shall not be barred DUAL CITIZENSHIP v. DUAL ALLEGIANCE
by prescription, laches or estoppel x x “
Art 4- CITIZENSHIP
- This provision applies only to CIVIL CASES for - The concern was NOT DC per se but with
the recovery of ill-gotten wealth, and not to naturalized citizens who maintain allegiance
criminal cases (ex. RA 3019 involving graft and to their countries of origin even after
corrupt). MAY BE BARRED BY naturalization.
PRESCRIPTION. (15 years) - RA 7160 refers to DUAL ALLEGIANCE
If commission of the crime is known, PP shall - A person simultaneously owes, by some
commence on the day it was committed. PP shall POSITIVE ACT, LOYALTY to 2 or more
be interrupted when the proceedings states.
- Running of PP will be interrupted filing of Persons with DUAL CITIZENSHIP Their
complaint. condition is an unavoidable consequence of
- Run again dismissed for reasons not conflicting laws of different states.
constituting DJ. - Person is considered as national of both
states.
LOANS limited to “business purposes” and does
not include personal purposes.
Sec. 16. “No loan/ guaranty or other form of financial AMENDMENTS AND REVISIONS
accommodation for any business purpose may be “A law that has ceased to grow has ceased to be, and
granted, directly/indirectly to the PRES,VP, this is true especially for the supreme and fundamental
CABINET, CONGRESS, ConCom, Ombudsman, law”
or to any firm or entity in w/c they have controlling Changed in the constitution may be effected by a
interest, during their tenure” mere modification in its interpretation by the
courts.
However, there are some provisions which are
ASSETS AND LIABILITIES (SEC 17) called “iron rules” which are not malleable to
- ALL PUBLIC OFFICIALS AND judicial interpretation. Ex. Age qualifications-
EMPLOYEES. composition of COA.
Sec 1,2 & 5. Deals with elections and have already change their polity..etc. If it succeeds, the
been adverted to in Chapter 8. Purpose: Synchronize existing consti is abrogated. Ex EDSA I revo.
elections for local and national officials.
Sec 3 & 4. Existing laws and Treaties.
Sec 3. All existing laws, decrees, EOs, and other
executive issuances NOT INCONSISTENT with this
consti shall remain operative until amended, repealed
or revoked.
- All laws existing at the time of the ratification
of the new consti shall remain in force unless
inconsistent with this consti or changed by the
legislature or the pres.
Sec 4. All existing treaties or IAs which HAVE NOT
BEEN RATIFIED shall not be renewed or extended
w/o the concurrence of at least 2/3 of all members of
the Senate.
- If ratified- No need for the concurrence of
Senate.