POWERS AND STRUCTURES OF GOVERNMENT
I. PRELIMINARY CONCEPTS
Political Law
- It is that branch of public law which deals with the
organization, and operations of the governmental organs of
the State and defines the relations of the State with the
inhabitants of its territory
Sources:
1. 1987, 1973 and 1935 Constitutions
2. Other organic laws made to apply to the Philippines,
e.g., Philippine Bill of 1902, Jones Law of 1916, and
Tydings-McDuffie Law of 1934
3. Statutes, executive orders and decrees, and judicial
decisions
4. U.S. Constitution.
Constitution
- It is that body of rules and maxims in accordance with which
the powers of sovereignty are habitually exercised.
Political Law
Constitution
Broader in concept than Branch of jurisprudence
constitutional law as it which treats of the nature of
embraces not only the constitutions,
their
treatment of constitutions establishment, construction
but also statutes like and interpretation.
administrative law, election
law, law of public officers,
and
law
of
public
corporations.
Statute
Constitution
A legislation from the Direct legislation from the
people’s representatives.
people.
Provides the details for their Provides general principles.
implementation.
Statute covers only the Intended
to
have
an
existing conditions.
indefinite life in order to
adapt with present and
future conditions
Can be declared null and Fundamental law to which a
void.
statute should conform
NATURE OF A CONSTITUTION
- it is a direct legislation from the people, the Constitution is
the fundamental law of the land which is supreme and
unalterable except by the authority from which it emanated.
1. PARTS
1. Constitution of Liberty — The series of prescriptions
setting forth the fundamental civil and political rights
of the citizens and imposing limitations on the powers
of government as a means of securing the enjoyment
of those rights, e.g., Art. II, IV,V, and XII.
2. Constitution of Government — The series of provisions
outlining the organization of the government,
enumerating its powers, laying down certain rules
relative to its administration, and defining the
electorate, e.g., Arts. VI to XI.
3. Constitution of Sovereignty — The provisions pointing
out the mode or procedure in accordance with which
formal changes in the fundamental law may be brought
about, e.g., Art. XVII
2. MANNER OF INTERPRETATION (SELF-EXECUTING AND
NON-EXECUTING CHARACTER)
o Self-executing provision - a rule that by itself is directly
or indirectly applicable without need of statutory
implementation.
Ex. Bill of Rights
o Non-Executing provision - one that remains dormant
unless it is activated by legislative implementation.
How to determine? “under conditions provided by law”
Ex. Article 2 of the Constitution. State Policies.
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3. PROCESS OF CHANGE (AMENDMENTS AND REVISIONS)
AMENDMENT
REVISION
Minor or piecemeal Substantial change as it
change affecting few requires rewriting of the
specific provisions.
entire instrument.
Broadly refers to a Broadly implies a change
change
that
adds, that alters a basic principle
reduces,
deletes, in the Constitution.
without altering the
basic
principle
involved.
Ex.
Ex. change in the form of
government
from
Presidential
to
parliamentary or changing
the
bicameral
with
Unicameral legislature
Who initiates?
Who initiates?
1. Congress upon 3⁄4 1. Congress upon 3⁄4 vote
vote of all its
of all its members
members
2. Constitutional
2. Constitutional
Convention
Convention
3. People’s initiative,
as the Congress may
hereinafter provide
STEPS IN THE AMENDATORY PROCESS
Article 17 AMENDMENTS OR REVISIONS
Section 1. Any amendment to, or revision of, this
Constitution may be proposed by:
(1) The Congress, upon a vote of three-fourths of all its
Members; or
(2) A constitutional convention.
Section 2. Amendments to this Constitution may likewise
be directly proposed by the people through initiative
upon a petition of at least twelve per centum of the total
number of registered voters, of which every legislative
district must be represented by at least three per
centum of the registered voters therein. No amendment
under this section shall be authorized within five years
following the ratification of this Constitution nor oftener
than once every five years thereafter.
The Congress shall provide for the implementation of the
exercise of this right.
Section 3. The Congress may, by a vote of two-thirds of
all its Members, call a constitutional convention, or by a
majority vote of all its Members, submit to the electorate
the question of calling such a convention.
Section 4. Any amendment to, or revision of, this
Constitution under Section 1 hereof shall be valid when
ratified by a majority of the votes cast in a plebiscite
which shall be held not earlier than sixty days nor later
than ninety days after the approval of such amendment
or revision.
Any amendment under Section 2 hereof shall be valid
when ratified by a majority of the votes cast in a
plebiscite which shall be held not earlier than sixty days
nor later than ninety days after the certification by the
Commission on Elections of the sufficiency of the
petition.
1. Proposal — The adoption of the suggested change in the
Constitution.
a. Congress — by a vote of 3/4 of all its members. Majority of
authorities opine that this is to be understood as 3/4 of the
Senate and 3/4 of the House of Representatives. (Art. 17,
Sec. 1-3)
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b. Constitutional Convention —which may be called into
existence either by a 2/3 vote of all the members of
Congress, or (if such vote is not obtained) by a majority
vote of all the members of Congress with the question of
whether or not to call a Convention to be resolved by the
people in a plebiscite. (Art. 17, Sec. 3)
c. People, through the power of initiative — A petition of at
least 12% of the total number of registered voters, of which
every legislative district must be represented by at least
3% of the registered voters therein. (Art. 17, Sec. 2). But
this can only be done once every five years.
NOTE — the choice of method of proposal, i.e., whether made
directly by Congress or through a Constitutional Convention, is
within the full discretion of the legislature. (Occena v.
Comelec)
2. Ratification — The proposed amendment shall become part
of the Constitution when ratified by a majority of the votes
cast in a plebiscite held not earlier than 60 nor later than 90
days after the approval of the proposal by Congress or the
Constitutional Convention, or after the certification by the
Commission on Elections of the sufficiency of the petition for
initiative under Art. 17, Sec. 2.
Q: How may the 1987 Constitution be revised?
A: The are two modes of revising the Constitution:
a. By the Congress, upon a vote of 3/4s of all its members;
or
b. Through a Constitutional Convention
If the Congress chooses to call a constitutional convention
to revise the Constitution, it may either:
a. Call a Constitutional Convention by a vote of 2/3 of all
its Members; or
b. Submit to the electorate the question or calling such a
body by a majority vote of all its Members.
Q: How may the 1987 Constitution be amended?
A: There are three modes of amendment:
a. First: Congress may directly propose an amendment by
a vote of 3/4 of all its members. In such a case,
Congress acts as a constituent assembly which is a nonlegislative function.
b. Second: Through a Constitutional Convention. The
Congress may, by a vote of two-thirds of all its
Members, call a constitutional convention, or by a
majority vote of all its Members, submit to the
electorate the question of calling such a convention.
(Sec. 3, Article 17, 1987 Constitution).
c. Third: Through Peoples’ Initiative. The petition for
Peoples’ Initiative should be signed by at least twelve
percent of the total number of registered voters,
provided that in each legislative district, at least three
percent of the registered voters, therein shall sign the
petition. (Sec. 2, Article 17, 1987 Constitution).
Q: Can people propose revision of the 1987 Constitution?
A: No. A people's initiative can only propose amendments to
the Constitution, inasmuch as the Constitution itself limits
initiatives to amendments, as shown by the deliberations of
the Constitutional Commission.
Initiative - it is the power of the people to propose
amendments to the Constitution or to propose and enact
legislation through an election called for the purpose.
Types:
1. Initiative on the Constitution — refers to a petition
proposing amendments to the Constitution
2. Initiative on statutes — refers to a petition
proposing to enact a national legislation
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3. Initiative on local legislation — refers to a petition
proposing to enact a regional, provincial, city,
municipal or barangay law, resolution or ordinance
4. Indirect Initiative — is exercise of initiative by the
people through a proposition sent to Congress or
the local legislative body for action.
Q: What are the requirements for an initiative to be made?
A: The essence of amendments directly proposed by the
people through initiative upon a petition is that the entire
proposal on its face is a petition of the people.
1. The people must author and sign the entire proposal; no
agent or representative can sign in their behalf.
2. As an initiative upon a petition, the proposal must be
embodied in the petition.
3. People’s initiative applies only to an amendment, not a
revision, of the Constitution.
Constitutional Convention – a body called for a limited
purpose – that of framing and submitting to the people or
framing and adopting a new constitution, or of revising and
amending an old one.
THE PHILIPPINES AS A STATE
State - It is community of persons, more or less numerous,
permanently occupying a definite portion of territory,
independent of external control, and possessing a government
to which a great body of inhabitants render habitual
obedience.
1. ELEMENTS (PEOPLE, TERRITORY, GOVERNMENT, AND
CAPACITY TO ENTER INTO RELATIONS WITH OTHER
STATES)
a. People – inhabitants of the State; must be numerous
enough to be self-sufficing and to defend themselves
and small enough to be easily administered and
sustained.
b. Territory – the surface of the earth occupied by a State
for the purpose of determining the extent of the
exercise of its own jurisdiction.
Article 1. The national territory comprises the
Philippine archipelago, with all the islands and
waters embraced therein, and all other territories
over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial and
aerial domains, including its territorial sea, the
seabed, the subsoil, the insular shelves, and other
submarine areas. The waters around, between, and
connecting the islands of the archipelago, regardless
of their breadth and dimensions, form part of the
internal waters of the Philippines.
c. Government – agency or instrumentality through which
the will of the State is formulated, expressed and
realized.
Functions:
Constituent
Ministrant
Mandatory
for
the Merely
optional
for
Government to perform Government to perform
because they constitute because
they
are
the very bonds of society. intended to promote the
welfare, progress and
prosperity of the people.
Ex.
maintenance
of
peace
and
order,
regulation of property
and property rights, the
administration of justice,
etc
Elements:
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Note: the distinction between constituent and
ministrant functions is not relevant in our jurisdiction.
In PVTA v. CIR, it reiterated the ruling in ACCFA v.
Federation of Labor Unions" that such distinction has
been blurred because of the repudiation of the laissez
faire policy in the Constitution.
Doctrine of Parens Patriae - act for the State as parens
patriae, or guardian of the rights of the people.
Types of Government:
a. De Jure (government of law) – has rightful title but
no power or control, either because this has been
withdrawn from it or because it has not yet actually
entered into the exercise thereof.
b. De Facto (government of fact) - a government which
actually exercises power or control but without legal
title. It is in actual possession of authority and control
of the state.
3 Kinds of De Facto Government:
i. The government that gets possession and
control of, or usurps, by force or by the
voice of the majority, the rightful legal
government and maintains itself against the
will of the latter, such as the government of
England under the Commonwealth, first by
Parliament and later by Cromwell as
Protector.
ii. That established as an independent
government by the inhabitants of a country
who rise in insurrection against the parent
state, such as the government of the
Southern Confederacy in revolt against the
Union during the war of secession in the
United States.
iii. That which is established and maintained by
military forces who invade and occupy a
territory of the enemy in the course of war,
and which is denominated as a government
of paramount force, such as the cases of
Castine in Maine, which was reduced to a
British possession in the war of 1812, and of
Tampico, Mexico, occupied during the war
with Mexico by the troops of the United
States.
d. Sovereignty – supreme power to command and enforce
obedience to all persons and control properties within
its jurisdiction which includes freedom from external
intervention.
Legal sovereignty – the
authority which has
the power to issue
final commands
Political sovereignty – the
power behind the legal
sovereign, or the sum of the
influences that operate upon
it.
Internal sovereignty
refers to the power of
the State to control its
domestic affairs.
External sovereignty - which
is the power of the State to
direct its relations with
other States, is also known
as independence.
2. DISTINCTION BETWEEN INTERNAL AND EXTERNAL
SELF-DETERMINATION
Right to self-determination - the right of States to "freely
determine their political status and freely pursue their
economic, social, and cultural development."
Internal self-determination – AUTONOMY. Refers to "a
people's pursuit of its political, economic, social and
cultural development within the framework of an existing
state.
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External self-determination – INDEPENDCE. Provides for
"the establishment of a sovereign and independent State,
the free association or integration with an independent
State or the emergence into any other political status
freely determined by a people.
FUNDAMENTAL POWERS OF THE STATE
- inherent and do not need to expressly conferred by
constitutional provision on the State.
1. POLICE POWER
 power of the State to regulate liberty and property for
the promotion of the general welfare.
Basis:
 Public necessity and the right of the State and of the
public to self-protection and self-preservation.
 Salus populi est suprema lex – the welfare of the people
is the supreme law
 Sec utere tuo ut alienum no laedas – act in such a
manner as not to injure another’s right.
Coverage:
1. General Welfare – refers to the collective and total
security, protection, and aspiration of the people in a
democratic society.
2. Promotion of Public Morals – laws enacted as a result
of growing out of collective sense of right and wrong in
the community.
3. Public Health – laws are passed to secure health
benefits for the people.
4. Public Safety and Order – punishment for criminal
offenders
Characteristics:
- most pervasive, the least limitable, and the most demanding.
 may not be bargained away through the medium of a
contract or even a treaty. The impairment clause must
yield to the police power whenever the contract deals
with a subject affecting the public welfare.
Exercise of the Police Power:
GR: It is the Legislature that exercises power. It may not be
compelled to do so by judicial process.
XPN: Congress can validly delegate police power to the
President and administrative boards as well as the lawmaking
bodies on all municipal levels, including the barangay by virtue
of a valid delegation of legislative power.
- municipal governments exercise this power under the general
welfare clause.
Q: Can you compel the Congress to exercise Police Power?
A: No, Congress cannot be compelled because it is purely
discretionary to the Congress whether they will exercise it or
not. No mandamus is available to coerce the exercise of the
police power because of the Doctrine of Separation of Powers.
The only remedy against legislative inaction is a resort to the
bar of public opinion.
Requisites:
(1) Lawful subject - subject of the measure is within the scope
of the police power. As long as the object is the public welfare
and the subject of regulation may be properly related thereto,
there is compliance with the first test requiring the primacy
of the welfare of the many over the interests of the few.
(2) Lawful means - In Constitutional Law, the end does not
justify the means. The lawful objective, in other words, must
be pursued through a lawful method.
 The means employed for the accomplishment of the
police objective must pass the test of reasonableness
and, specifically, conform to the safeguards embodied
in the Bill of Rights for the protection of private rights.
Failing this, the law will be annulled for violation of
the second requirement.
Constitutional Limitations:
a. Due Process Clause
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b. Equal Protection Clause
2. EMINENT DOMAIN
 enables the State to forcibly acquire private property,
upon payment of just compensation, for some intended
public use.
 Also called power of expropriation – the highest and
most exact idea of property remaining in the
government that may be acquired for some public
purpose through a method in the nature of a
compulsory sale to the State.
Limitation:
 Just compensation.
 The provision should therefore be strictly interpreted
against the expropriator and liberally in favor of the
property owner
Exercise of the Eminent Domain:
 lodged primarily in the national legislature, but its
exercise may be validly delegated to other
governmental entities and, in fact, even to private
corporations,
like the so-called quasi-public
corporations serving essential public needs or
operating public utilities.
 Under existing laws, the following may exercise the
power of expropriation:
(1) The Congress.
(2) The President of the Philippines.
(3) The various local legislative bodies.
(4) Certain public corporations, like the Land Authority
and the National Housing Authority.
(5) Quasi-public corporations like the Philippine
National Railways, the Philippine Long Distance
Telephone Co. and the Meralco.
Process:
1. File a complaint for expropriation sufficient in form
and substance in the proper court
2. Deposit with the said court at least 15% of the
property’s FMV based on its current tax declaration.
Destruction of Property by Necessity
Eminent Domain
Destruction from Necessity
Exercised by the State in its May be exercised by private
sovereign capacity
individuals,
as
it
is
essentially private.
There must always be No compensation is paid.
payment
of
just
compensation.
For public purpose
To ensure public safety
Requisites:
1. Genuine Necessity – must be of public character
2. Expropriation of private property
3. Taking in its constitutional or legal sense
Constitutional Sense
Legal Sense
a. when the owner is may include trespass
actually deprived or without actual eviction
disposed of his property
of the owner, material
b. when there is a impairment of the value
practical destruction or a of the property or
material impairment of prevention
of
the
the value of his property. ordinary uses for which
c. when he is deprived of the
property
was
the ordinary use of his intended.
property.
d. when he is deprived of
the
jurisdiction,
supervision and control of
his property.
In Republic v. Castellvi, the requisites of taking in
eminent domain are as follows:
(1) The expropriator must enter a private property.
(2) The entry must be for more than a momentary
period.
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(3) The entry must be under warrant or color of legal
authority.
(4) The property must be devoted to public use or
otherwise informally appropriated or injuriously
affected.
(5) The utilization of the property for public use must
be in such a way as to oust the owner and deprive him
of beneficial enjoyment of the property.
4. Taking for public use – the traditional view is that,
public use is directly available to the general public
as a matter of right and not merely of forbearance or
accommodation. However, it has been broadened to
cover uses which, while not directly available to the
public, redound to their indirect advantage or
benefit.
5. Payment of just compensation or FMV - a full and
fair equivalent of the property taken from the private
owner by the expropriator. This is intended to
indemnify the owner fully for the loss he has
sustained as a result of the expropriation.
- To ascertain just compensation, the court should
determine first the actual or basic value of the
property.
- If CD > CB
JC = Actual Value + (Consequential Damages –
Consequential Benefits)
- If CD < CB
JC = Actual Value
- Basic or Market Value of the Property – price that
may be agreed upon by parties willing but not
compelled to enter into a contract of sale.
- Just Compensation – the property’s FMV at the
time of the filing of the complaint or that sum of
money which a person desirous but not compelled
to buy, and an owner willing but not compelled
to sell, would agree on as price to be given and
received therefor.
- Factors to be considered in arriving at the FMV:
a. Cost of Acquisition
b. Current Value of like properties at the time
of its taking
c. Actual or potential uses
d. Lands: size, shape, location, tax
declaration
- Consequential damages – consist of injuries
directly caused on the residue of the private
property taken by reason of the expropriation.
- Consequential benefits – direct and particular and
not merely shared with the rest of the properties
in the area.
- In Republic vs. BPI: Consequential damages are
awarded as a result of the expropriation, the
remaining property of the owner suffers from an
impairment or decrease in value.
- Time of Taking – time when the land owner was
deprived of the use and benefit of his property.
Q: When determined?
A: At the time of the taking or the filing of proceedings,
whichever comes first.
Q: Is this absolute?
A: No. Case: NPC vs. Macabangkit
- To be just, the compensation must not only be
the correct amount to be paid; it must also be
paid within a reasonable time from the time the
land is taken from the owner. If not, the State
must pay the landowner interest, by way of
damages. Interest must be claimed, if not it is
deemed waived.
- After 5 years of no payment: the private owner
may ask recovery. Or the owner can sell the land
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if pending, new owner will be the respondent of
the pending case.
- The owner is entitled to payment of interest from
the time of the taking until just compensation is
actually paid to him.
6. Observance of due process of law.
3. TAXATION
 The power to demand from the members of society
their proportionate share or contribution in the
maintenance of the government.
 Taxes
– Enforced proportional contributions from
persons and property, levied by the State by
virtue of its sovereignty, for the support of
government and for all public needs.
– Nation’s
lifeblood
through
which the
government agencies continue to operate and
with which the State discharges its functions for
the welfare of its constituents.
 Importance of taxation derives from the unavoidable
obligation of the government to protect the people and
extend to them benefits in the form of public projects
and services.
 Obligation to pay is not based on contract but it is a
duty imposed upon the individual by the mere fact of
his membership in the body politic and his enjoyment
of the benefits available from such membership.
Purpose:
To generate revenue because the state cannot exist if it
doesn’t have taxes to pay the machinery.
Basis:
Lifeblood Doctrine – taxes are the lifeblood of the nation
through which the government agencies continue to operate
and with which the state effects its functions for the welfare
of its constituents. The state cannot endurably exist without
taxes. They are what we pay for a civilized society. Without
taxes, the government would be paralyzed for lack of motive
power to activate and operate it.
Taxes
Levied to raise revenues
Licenses
Imposed
for
regulatory
purposes only
Power of taxation
Justified under police power
Applies to all exactions of Limited only to the cost of
monies which become public regulation
funds.
Scope:
- reaches even citizens abroad, and his income earned from
sources outside his State.
- all income earned in the taxing State, whether by citizens or
aliens, and all immovable and tangible personal properties
found in its territory, as well as tangible personal property
owned by persons domiciled therein.
Exercise of the Power of Taxation:
- Primarily vested in the national legislature
- Local Legislative bodies - pursuant to a direct authority
conferred by Article "X," Section 5, of the Constitution, which
provides that "each local government unit shall have the power
to create its own sources of revenue and to levy taxes, fees
and charges, subject to such guidelines and limitations as the
Congress may provide, consistent with the basic policy of local
autonomy."
Taxation as including the Taxation as not including the
power to destroy
power to destroy
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Allowed if it is used validly as Used solely for the purpose
in implement of the police of raising revenues, it cannot
power in discouraging and in be allowed to destroy.
effect ultimately prohibiting
certain things or enterprises
inimical to the public
welfare.
Due Process and Taxation
GR: taxes will not be allowed if they are confiscatory
XPN: where they are intended precisely for destruction as an
instrument of the police power
Equal Protection and Taxation
GR: taxes shall be uniform and equitable
Uniformity – persons or things belonging to the same class shall
be taxed at the same rate.
Equality - tax shall be strictly proportional to the relative
value of the property.
Equitable - taxes should be apportioned among the people
according to their capacity to pay.
Double Taxation - when additional taxes are laid on the same
subject by the same taxing jurisdiction during the same taxing
period and for the same purpose.
- Taxing the same person twice by the same jurisdiction for
the same thing.
Public Purpose
- Necessary to show that the proceeds are devoted to a public
purpose.
A) CONSTITUTIONAL EXEMPTION PRINCIPLES
1. Article 6, Section 28 (3):
(3) Charitable institutions, churches and parsonages or
convents appurtenant thereto, mosques, non-profit
cemeteries, and all lands, buildings, and improvements,
actually, directly, and exclusively used for religious,
charitable, or educational purposes shall be exempt from
taxation.
- Why granted to them? Bc they give considerable
assistance to the State. Intended to make it easier for
these institutions to pursue these laudable objectives
without the impediment of taxes that they otherwise
would have to shoulder.
Exemption of Religious, Charitable, and Educational
Institutions from Real Property Taxes (ART. 6, SEC.
28[3]) Only real property taxes but not for all kinds of
taxes.
2. Exemption of Non-Stock, Non-Profit Educational
Institutions from Income Taxes (Art. 14, Sec. 4[3])
3. Exemption of Grants, Endowments, Donations, or
Contributions to Educational Institutions from Donor’s
and Estate Tax (Art. 14, Sec. 4[4])
Q: Can tax exemption be revoked?
A: If granted gratuitously, it may be validly revoked at will,
with or without cause. If for valuable consideration, no.
POLICE POWER
EMINENT DOMAIN
TAXATION
They are inherent in the State and may be exercised by it
without need of express constitutional grant.
They are not only necessary but indispensable. The State
cannot continue or be effective unless it is able to exercise
them.
They are methods by which the State interferes with private
rights.
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They all presuppose an equivalent compensation for the
private rights interfered with.
They are exercised primarily by the legislature.
Interfering with Affects not all of While imposed on
private rights.
the
people most
of
the
directly but only people directly,
those
whose demands only part
property
is of their money as
needed
for their contribution
conversion
to to the upkeep of
public use
government
Regulates
both Affect only property rights
liberty
and
property.
May be exercised May be exercised May be exercised
only
by
the by some private only
by
the
government.
entities
government.
The
property The property taken under the power of
taken
in
the eminent domain and the power of
exercise of the taxation is intended for a public use or
police power is purpose and is therefore wholesome.
destroyed
because
it
is
obnoxious
or
intended for a
noxious purpose.
The compensation The compensation involved in the other
of the person powers is more concrete, to wit, a full
subjected to the and fair equivalent of the property
police power is expropriated or protection and public
the
intangible improvements for the taxes paid.
altruistic feeling
that
he
has
contributed to the
general welfare.
 As ours is a government of limited powers, even these
prerogatives may not be exercised arbitrarily, to the
prejudice of the Bill of Rights.
 The exercise of these fundamental powers is subject at
all times to the limitations and requirements of the
Constitution and may in proper cases be annulled by
the courts of justice.
Requisites:
POLICE POWER
1. Lawful subject
2. Lawful Means
EMINENT DOMAIN
1. Necessity
2. Private
property
3. Taking
4. Public Use
5. Just
Compensation
6. Due process of
law
TAXATION
1. Public purpose
2. Uniformity
3. Either the
person or
property taxed
shall be within
the jurisdiction of
taxing authority
4. That in
assessment and
collection of
certain taxes,
certain
guarantees
against injuries to
individuals,
especially by way
of notice and
opportunity for
hearing shall be
provided.
RELEVANCE OF THE DECLARATION OF PRINCIPLES AND
STATE POLICIES
This Article is only a guide to the formulation of policy by
Congress as a general rule. The provisions are not selfexecuting; they do not give rise to enforceable rights, unless
there is legislation to make them enforceable.
Principles – self- executing, binding rules
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State Policies – non-self-executing, mere guidelines
XPN: Section 12, 13, 16, 17.
SECTION 1. The Philippines is a democratic and
republican State. Sovereignty resides in the people and
all government authority emanates from them.
SECTION 2. The Philippines renounces war as an
instrument of national policy, adopts the generally
accepted principles of international law as part of the law
of the land and adheres to the policy of peace, equality,
justice, freedom, cooperation, and amity with all nations.
Doctrine of Incorporation - adopts the generally accepted
principles of international law as part of the law of the land.
Incorporated already as laws of the land. Even in the absence
of convention, treaty, it already forms part of the laws of the
land.
Doctrine of Transformation – treaty and conventions need to
transform international law to domestic law. Need to be
ratified through the President and concurred in by at least 2/3
vote of all the Members of the Senate to be valid in the
Philippines. (16 votes)
GR: The President does not need the concurrence of the
Senate to withdraw from a treaty. The President can withdraw
unilaterally from a treaty. (Architect of Foreign Relations)
XPN:
1. When the Senate conditionally concurred to the treaty
and said that concurrence of the Senate is needed in
the withdrawal.
2. If the withdrawal itself will be contrary to a statute, or
to a legislative authority to negotiate and enter into a
treaty, or an existing law which implements a treaty.
(Pangilinan vs Cayetano)
Soft law – non-binding norms, principles and behavior
Hard law – binding international law
Declaration of War
State is the aggressor
Declaration of State of War
State is invaded by a foreign
country.
SECTION 3. Civilian authority is, at all times, supreme
over the military. The Armed Forces of the Philippines is
the protector of the people and the State. Its goal is to
secure the sovereignty of the State and the integrity of
the national territory.
Civilian Supremacy - That civilian authority is at all times
supreme over the military is implicit in a republican system.
The President, who is a civilian official, shall be the
commander-in-chief of all the armed forces of the Philippines.
Civilian officials are superior to military official only when a
law makes them so.
SECTION 4. The prime duty of the Government is to serve
and protect the people. The Government may call upon
the people to defend the State and, in the fulfillment
thereof, all citizens may be required, under conditions
provided by law, to render personal military or civil
service.
Government as protector of the people, and people as
defenders of the State.
SECTION 5. The maintenance of peace and order, the
protection of life, liberty, and property, and the
promotion of the general welfare are essential for the
enjoyment by all the people of the blessings of
democracy.
SECTION 6. The separation of Church and State shall be
inviolable.
Prohibits: establishment of relation
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If purely religious – violation of the Constitution
If with secular purpose – no violation
State Policies
SECTION 7. The State shall pursue an independent foreign
policy. In its relations with other states the paramount
consideration shall be national sovereignty, territorial
integrity, national interest, and the right to selfdetermination.
SECTION 8. The Philippines, consistent with the national
interest, adopts and pursues a policy of freedom from
nuclear weapons in its territory.
SECTION 9. The State shall promote a just and dynamic
social order that will ensure the prosperity and
independence of the nation and free the people from
poverty through policies that provide adequate social
services, promote full employment, a rising standard of
living, and an improved quality of life for all.
SECTION 10. The State shall promote social justice in all
phases of national development.
Social justice simply means the equalization of economic,
political, and social opportunities with special emphasis on the
duty of the state to tilt the balance of social forces by favoring
the disadvantaged in life.
Social Justice is neither communism, nor despotism, nor
atomism, nor anarchy, but the humanization of the laws and
the equalization of the social and economic forces by the State
so that justice in its rational and objectively secular
conception may at least be approximated. (Calalang v.
Williams)
SECTION 11. The State values the dignity of every human
person and guarantees full respect for human rights.
SECTION 12. The State recognizes the sanctity of family
life and shall protect and strengthen the family as a basic
autonomous social institution. It shall equally protect the
life of the mother and the life of the unborn from
conception. The natural and primary right and duty of
parents in the rearing of the youth for civic efficiency and
the development of moral character shall receive the
support of the Government.
Right to life of the unborn
SECTION 13. The State recognizes the vital role of the
youth in nation-building and shall promote and protect
their physical, moral, spiritual, intellectual, and social
well-being. It shall inculcate in the youth patriotism and
nationalism, and encourage their involvement in public
and civic affairs.
SECTION 14. The State recognizes the role of women in
nation-building, and shall ensure the fundamental
equality before the law of women and men.
SECTION 15. The State shall protect and promote the
right to health of the people and instill health
consciousness among them.
SECTION 16. The State shall protect and advance the right
of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature.
SECTION 17. The State shall give priority to education,
science and technology, arts, culture, and sports to foster
patriotism and nationalism, accelerate social progress,
and promote total human liberation and development.
Right to Quality Education
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SECTION 18. The State affirms labor as a primary social
economic force. It shall protect the rights of workers and
promote their welfare.
SECTION 26. The State shall guarantee equal access to
opportunities for public service, and prohibit political
dynasties as may be defined by law.
SECTION 9. The State shall promote a just and dynamic
social order that will ensure the prosperity and
independence of the nation and free the people from
poverty through policies that provide adequate social
services, promote full employment, a rising standard of
living, and an improved quality of life for all.
SECTION 27. The State shall maintain honesty and
integrity in the public service and take positive and
effective measures against graft and corruption.
SECTION 19. The State shall develop a self-reliant and
independent national economy effectively controlled by
Filipinos.
SECTION 20. The State recognizes the indispensable role
of the private sector, encourages private enterprise, and
provides incentives to needed investments.
SECTION 21. The State shall promote comprehensive
rural development and agrarian reform.
SECTION 22. The State recognizes and promotes the
rights of indigenous cultural communities within the
framework of national unity and development.
Right of Indigenous Cultural Communities
SECTION 23. The State shall encourage nongovernmental,
community-based,
or
sectoral
organizations that promote the welfare of the nation.
SECTION 24. The State recognizes the vital role of
communication and information in nation-building.
SECTION 25. The State shall ensure the autonomy of local
governments.
SECTION 28. Subject to reasonable conditions prescribed
by law, the State adopts and implements a policy of full
public disclosure of all its transactions involving public
interest.
E. DYNAMICS AMONG THE BRANCHES OF GOVERNMENT
1. SEPARATION OF POWERS
- Constitutional demarcation of the 3 fundamental
branches of the government. The legislative can
only legislate, executive department can only do
executive functions, and the judiciary can only do
judiciary functions.
- Purpose: To prevent concentration of authority in
one person or group of persons that might lead to
an irreversible error or abuse in its exercise to the
detriment of republican institutions. “To secure
action, to forestall over action, to prevent
despotism and to obtain efficiency.”
- Principle of Blending of Powers – a recognition that
there are instances ours of government are not
confined exclusively in one branch of government,
but rather it is assigned to or shared by several
departments. Instances when powers are not
confined exclusively within one department but are
assigned to or shared by several departments, e.g.,
enactment of general appropriations law. (Helps
each other)
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1. SYSTEM OF CHECKS AND BALANCES
- A mechanism by which one department is allowed to
resist the encroachment of one department or rectify
its mistakes.
- This allows one department to resist encroachments
upon its prerogatives or to rectify mistakes or excesses
committed by the other departments, e.g., veto power
of the President as check on improvident legislation,
etc.
- Example:
1. President to Legislative - Veto Power
Note: Constitution does not allow the President
a pocket veto.
Pocket Veto – President simply sits on the bill
and refuses to act upon it.
Item Veto – Article 6, Section 27 par. 2.
President to Judiciary - Pardon
2. Legislative to President: Article 7 Section 18:
Congress may revoke the proclamation or
suspension of Martial law, which revocation
shall not be set aside by the President.
Legislative to Judiciary – they give jurisdictions
of the Courts
3. Judiciary to President – Judicial Power
Judiciary to Legislative – declare laws
unconstitutional
Judicial Power
 Sec. 1, Art. VIII, “includes the duty of the courts of
justice to settle actual controversies involving rights
which are legally demandable and enforceable, and to
determine whether or not there has been a grave
abuse, of discretion amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of the Government”.

When the court mediates to allocate constitutional
boundaries or invalidates the acts of a coordinate
body, what it upholds is not its own superiority but the
supremacy of the Constitution
Political Question
 Is the act good for the people?
 Question of policy. Concerned with issues dependent
upon the wisdom, not legality, of a particular measure.
 Who will answer? Political Department – Legislative or
Executive
Note: Article 8, Section 1(2) Court can take up political
questions when there is grave abuse of discretion.
Justiciable Question
 Is it in accordance with the law? Context of controversy
refers to the legality or validity of a law or the contest
acted.
 Who will answer? SC.
 implies a given right, legally demandable and
enforceable, an act or omission violative of such right,
and a remedy granted and sanctioned by law for said
breach of right
2. DELEGATION OF POWERS
GR: Cannot delegate. Especially the power to legislate.
XPN: Constitutional provision that allows it if
delegations passed the two-fold test. (Is the law
compete? Does it proved for a sufficient standard?)
- Rule: “Potestas delegata non potest delegare”
– what has been delegated cannot be
delegated. Based on the ethical principle that
delegated power constitutes not only a right but
a duty to be performed by the delegate through
the instrumentality of his own judgment and
not through the intervening mind of another.
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-
-
-
-
Reason: increasing complexity of the task of
government and the growing inability of the
legislative to cope directly with the many
problems demanding its attention.
Criteria:
a. Has the power been conferred?
b. Assuming he has power, is the exercise
of power in accordance with the
Constitution?
How to determine?
 Expressly vested by the Constitution
 Doctrine of Implication
 Doctrine
of
Necessary
Implication - grant of an express
power carries with it all other
powers that may be reasonably
inferred from it.
Ex: Permissible Delegations
 Tariff Powers (Delegation of the power
to fix tariff rates, import and export
quotas, tonnage and wharfage dues, and
other duties or imposts to the President)
 Reason: To act immediately on
certain matters affecting the
national economy lest delay
result in hardship to the people.
 Emergency Powers
 Conditions:
a. There must be war or other
national emergency
b. The delegation must be for a
limited period only
c. The delegation must be subject
to such restrictions as the
Congress may prescribe
d.
-
-
-
The emergency powers must be
exercised to carry out a national
policy declared by the Congress.
 Other national emergency –
rebellion,
economic
crisis,
pestilence or epidemic, typhoon,
flood,
or
other
similar
catastrophe
of
nation-wide
proportions or effect.
 People at Large
 Referendum
–
method
of
submitting
an
important
legislative measure to a direct
vote of the whole people.
 Plebiscite – obtain a direct
popular vote on a matter of
political importance.
 Local government units
 Matter purely local concern and
are therefore in a better position
to enact the necessary and
appropriate legislation thereon.
 Administrative Bodies
What is delegated is not the law-making power
but rather the rule-making power or law of
execution.
Quasi-legislative power is the authority
delegated by the law-making body to the
administrative body to adopt rules and
regulations intended to carry out the provisions
of a law and implement legislative policy.
Legislative power involves the discretion to
determine what the law shall be. Quasilegislative power only involves the discretion to
determine how the law shall be enforced. The
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-
-
former cannot be delegated. The latter can be
delegated.
Administrative agencies may be given the
1. Power of Subordinate or Supplemental
Legislation — Filling up the details” of an
already complete statute for its enforcement
2. Power of Contingent Legislation — ascertain
the facts necessary to bring a “contingent” law
into actual operation
- Test for valid delegation:
c. Completeness Test - The law must be complete
in all its essential terms and conditions when it
leaves the legislature so that there will be
nothing left for the delegate to do when it
reaches him except to enforce it.
d. Sufficient Standard Test – The law must not be
vague. There has to be specific standards that
would guide the agency implementing the
same. The law provides adequate guidelines or
limitations to map out the boundaries of the
delegate’s authority. The delegate must
conform in the performance of his functions.
Purpose: these requirements are to ensure that the
power delegated by the legislature to administrative
agencies is not law-making power. If they are satisfied,
the regulations passed by an administrative body
pursuant to the delegation made by the statute are just
as binding as if the regulation had been written in the
original statute itself. If, however, these requirements
are not satisfied, the regulation will not be allowed to
affect private rights.
STATE IMMUNITY
Article 16, Section 3: The State may not be sued without
its consent.
How consent is given?
1. Express – must come in the form of law. Can only be given
up by Congress, not in any manner.
2. Implied – by reason of jurisprudence. Only on money claims
arising from contracts.
a. When the government initiates action for affirmative
relief.
b. Entering into a business contract – state is considered
to have descended to the level of an ordinary party to
a business contract.
c. If it is inequitable for the government to claim
immunity.
d. When it accepts conditional donations
e. When it takes over private property without
compensation
f. IN case of implied contracts
g. Gross negligence
Q: When do you say that the suit is against the state?
A: The TEST rule
Will the enforcement thereof require an affirmative act
from the State, such as the appropriation of the needed
amount to satisfy the judgment? If so, then it is a suit
against the State
- If you are going to require the State to pay and
appropriate funds for it, then it is a suit against the
State. Why? No public money should be taken up or
treasury
without
appropriation.
(See
General
Appropriation Act)
Q: Why is it relevant to determine?
A: You cannot just require the government of a particular
agency to pay otherwise that would be malversation. You’re
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going to use a fund which is not intended for the purpose it
was not pass into law.
Q: What is the rule on suit vs government agencies?
A: It depends. If it is incorporated or corporated.
Incorporated: If the charter provides that the agency can sue
and be sued, then suit will lie, including one for tort.
The provision in the charter constitutes express consent on the
part of the State to be sued. You do not need to determine if
it is governmental or proprietary because its charter provides
that it can be sued.
Unincorporated: no separate juridical personality as they are
merged in the general machinery of the government. A suit
against it is necessarily against the State. Suability depends on
the nature of the function is it performing either government
or proprietary. Inquire into principal functions of the agency:
If governmental: NO suit without consent
Case:
In US vs Ruiz, it was held that the contract for the repair of
wharves was a contract in jus imperii, because the wharves
were to be used in national defense, a governmental function.
After the state gave its consent to be sued and the latter is
held liable to pay, how shall the award be satisfied?
- Distinguish between those whose charter allow it to sue
and be sued.
- Unincorporated: such execution will require another
waiver, because the power of the court ends when the
judgment is rendered, since government funds and
properties may not be seized under writs of execution
or garnishment, unless such disbursement is covered by
the corresponding appropriate as required by law.
- Incorporated: funds belonging to government
corporations (whose charters provide that they can sue
and be sued) that are deposited with a bank are not
exempt from garnishment.
What is the remedy if it cannot be garnished?
o COA must adjudicate claim before execution
should proceed.
o Trial judges should not immediately issue writs
of execution or garnishment against the
Government or any of its subdivisions, agencies
and instrumentalities to enforce money
judgments. They should bear in mind that the
primary jurisdiction to examine, audit and
settle all claims of any sort due from the
Government or any of its subdivisions, agencies
and instrumentalities pertains to the
Commission on Audit (COA) pursuant to
Presidential Decree No. 1445 (Government
Auditing Code of the Philippines). [UP vs Dizon
G.R. No. 171182]
What about LGU, is there an automatic garnishment of
its funds to satisfy the award against it?
o No. (Needs ordinance)
o In Municipality of San Miguel, Bulacan vs
Fernandez, 130 SCRA 56, it was held that funds
of a municipality (although it is an incorporated
agency whose charter provides that it can sue
and be sued) are public in character and may
not be garnished unless there is a corresponding
appropriation ordinance duly passed by the
Sangguniang Bayan.
o Ordinance is permanent in character, it’s a law.
While Resolution is mere expression of opinion
or sentiment of legislative body which is the
Sangguniang Bayan.
Q: What is the remedy if the LGU refuses to enact an ordinance
for that matter?
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A: In Municipality of Makati vs CA, 190 SCRA 206, Where a
municipality fails or refuses, without justifiable reason, to
effect payment of a final money judgment rendered against
it, the claimant may avail of the remedy of mandamus in order
to compel the enactment and approval of the necessary
appropriation ordinance, and the corresponding disbursement
of municipal funds to satisfy the money judgment.
- if despite mandamus the LGU will still not issue an
ordinance, you can file 1. Contempt 2. Dereliction of
duty.
1. BASIS
1. There can be no legal right as against the authority
which granted the rights
2. If the State is not immune, there is that thought that
the propensity of people for filling cases will the
government or the State in countering the suits.
Suability vs Liability
- Suability – will be determined in the presence or
absence of consent. Consent, may be express – by
reason of law, or implied. However, no execution will
lie against the government.
- Liability – determined after hearing on the basis of
relevant laws and established facts.
- Money judgment shall have to be submitted to the
proper government office, before the Auditor General
– now with the COA, to determine whether there is an
excess of fund for the payment of money judgment. If
there is one, then there has to be an appropriation to
be made by the Congress.
1. Incorporated (GOCC w/ or w/o special character)
- has a character of its own that invest it with a
separate jurdicial personality. (SSS, UP, PNB, City of
Davao)
- Why? Money is not from the public treasury.
- Test of suability: found in its charter; suable if its
character says so, regardless of the function it is
performing.
2. Unincorporated (not a GOCC)
- No separate juridical personality but is merged in the
general machinery of the government (DOJ, Gov’t
printing services)
- no charter to consult; any suit filed against it is
necessary action against the Phil gov’t
- determine the nature of the functions: suable if
proprietary; not suable if governmental
- if the proprietary and non-government function is
taken as an incident to its governmental function,
immunity is not lost.
THE NATIONAL TERRITORY
ARTICLE I: National Territory
The national territory comprises the Philippine
archipelago, with all the islands and waters
embraced therein, and all other territories over which
the Philippines has sovereignty or jurisdiction, consisting
of its terrestrial, fluvial, and aerial domains, including its
territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. The waters around,
between, and connecting the islands of the archipelago,
regardless of their breadth and dimensions, form part of
the internal waters of the Philippines.
Purpose: Our sovereignty only applies to our territory.
2 groups:
1. The Philippine Archipelago
2. All the other territories in which the Philippines has
sovereignty or jurisdiction
Q: What is the extent of the territorial sea?
A: The 200-mile EEZ, the territorial sea, are all measured from
the baselines. All the others between and connecting the
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islands, regardless of breadth and dimension, are internal
waters, still part of the archipelago. 12 miles from those
baselines will be the territorial sea. And up to 200 nautical
miles from the same is the EEZ. Outside of the first 12 miles,
the EEZ, that is not part of our territory. EEZ: that suggest
exclusivity in economics. Any act performed or to be
committed by any country or state is allowable unless it
involves a question of economics.
1.
SCOPE (TERRESTRIAL, AERIAL, AND FLUVIAL
DOMAINS)
200 Mile Exclusive Economic Zone
Purpose:
a) Sovereign rights to explore, exploit,
conserve, and manage the natural
resources, living or nonliving, renewable or
non-renewable, of the seabed, subsoil, and
superjacent waters;
b) Economic exploitation and exploration of
the resources of the zone such as the
production of energy from the water,
currents and winds;
c) Exclusive rights and jurisdiction with
respect to the establishment and utilization
of artificial. islands, off-shore terminals,
installations and structures; Preservation of
the marine environment, including the
prevention and control of pollution and
scientific research.
d) Such other rights asare recognized by
international law.
- Other states are prohibited from using the zone
to:
1. Explore or exploit any resources;
2. Carry out any search, excavation or drilling
operations;
3. Conduct any research;
4. Construct or operate any artificial island,
off-shore terminal, installation, or other
structure;
5. Perform any activity which is contrary to,
or in derogation of the sovereign rights and
jurisdiction herein provided.
- Other states are allowed to use the zone for:
1. Navigation and overflight;
2. Laying of submarine cables and pipelines;
3. Other lawful uses related to navigation and
communication.
- In case of overlapping of EEZs, the common
boundaries are to be determined by:
1. Agreement; and
2. International rules on delimitation. (taken
from Mirasol)
2. ARCHIPELAGIC DOCTRINE
a) “The waters around, between, and connecting
the islands of the archipelago, regardless of
their breadth and dimension, form part of the
internal waters of the Philippines.”
b) Principle that it is an integrated unit;
everything within it comprises the archipelago.
c) Straight Baseline Method - consists of drawing
straight lines connecting appropriate points on
the coast without departing to any appreciable
extent from the general direction of the coast,
in order to delineate the internal waters from
the territorial waters of an archipelago
d) Archipelago – body of water studded with
island, or the islands surrounded with water, is
viewed as a unity of islands and waters together
forming one unit.
e) Purpose: to protect the territorial interests of
an archipelago. According to the doctrine, even
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these bodies of water within the baseline,
regardless of breadth, form part of the
archipelago and are thus considered as internal
waters.
THE LEGISLATIVE DEPARTMENT
Sec 1. Art VI. “The legislative power shall be vested in the
Congress of the Philippines which shall consist of a Senate and
a House of Representatives, except to the extent reserved to
the people by the provision on initiative and referendum.”
Legislative Power - is the authority to make laws and to alter
and repeal them; legislative power is vested in the Congress,
which consists of a Senate and a House of Representatives
Houses of Congress
Composition, Qualifications, Term of Office
Senate
(Art. VI, Sec 2-4)
House of
Representatives
(Art. VI, Sec 5-8)
Composition
24 senators elected at Not more than 250
large
members, unless
otherwise provided by
law, consisting of:
(3) District
Representatives
(4) Party-List
Representatives
Qualifications
1. Natural-born citizen
1. Natural-born
2. At least 35 years old
citizens
on the day of the 2. At least 25 years old
election
on the day of the
3. Able to read and
election
write
4. A registered voter
5. Resident
of
the
Philippines for at
least
2
years
immediately
preceding the day of
the election
3. Able to read and
write
4. Registered voter in
the
district
he
seeks to represent
5. A resident of the
said district for at
least
1
year
immediately
preceding the day
of the election
Term of Office
6 years
3 years
Term Limits
2 consecutive terms
3 consecutive terms
Resident – the term residence must be understood as
‘domicile’ or legal residence; the place where a party actually
or constructively has his permanent home, where he, no
matter where he may be found at any time given, eventually
intends to return and remain
The District Representatives
Each city with at least two hundred fifty thousand, and every
province, shall have at least one representative.
The Party-list Representatives
The party-list representatives shall constitute 20% of the total
membership of the body, including such representatives.
Those getting at least 2% of the total votes cast for the system
is entitled to one seat. None of them shall have more than
three seats.
Election
Every 3years thereafter, all the members of the House of
Representatives and one-half of the Senate were up for
election of re-election if still allowed.
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Salaries
No increase in said compensation shall take effect until after
the expiration of the full term of all the members of the
Congress.
Parliamentary Immunities
Sec 11. Art VI. “A Senator or Member of the House of
Representatives shall, in all offenses punishable by not more
than six years imprisonment, be privileged from arrest while
the Congress is in session. No member shall be questioned nor
held liable in any other place for any speech or debate in the
Congress or in any committee thereof.”
a. Privilege from Arrest - immunity applies only while
the congress is in session
b. Privilege of Speech and Debate - remarks must be
made while the legislature or the legislative
committee is functioning and they must be made in
connection with the discharge of official duties
Incompatible Offices
 A position which a member cannot accept unless he
waives or forfeits his seat in Congress. State
differently, if he waives his eat in Congress then he
could take that other position. The reason for this
disqualification is to prevent them from owing loyalty
to another branch to the detriment of their
independence or doctrine of separation.
 The prohibition is against the holding of an
incompatible office is not absolute; what is not allowed
is the simultaneous holding of that office and the seat
in the Congress.
 Not every office or employment is to be regarded as
incompatible with the legislative position.
Forbidden Office
 Position in which a Member cannot be appointed to,
even if he is willing to give up his seat in Congress.
Reason: that office is created during his term, or
the emoluments thereof have been increased
during his term.
 Based on the avoidance of trafficking of the office.
Ex. During your term, you will enact a law creating
an office or law increasing the benefits of that
office, and you are appointed there.
Lame duck ban
An official who ran for an elective office and lost cannot or is
prohibited from holding an appointive office for one year.
Sessions
Mandatory recess for the thirty-day period before the opening
of the next regular session, excluding Saturdays and Sundays
and legal holidays. Special session happens when the congress
is in recess.
Officers
Senate President and Speaker of the House
Quorum
Any number sufficient to transact business, which may be less
than the majority of the membership. Our Constitution
requires that the quorum be a majority of each House.
Enrolled bill
One which has been duly introduced, finally passed by both
houses, signed by the proper officers of each, approved by the
president and filed by the secretary of the state.
Electoral Tribunals
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Proclamation, oath taken, assumption of office. Assumes
jurisdiction and is the sole judge of all contests relating to the
election, return, and qualifications of their respective
members.
POWERS OF THE CONGRESS
Legislative [ATE-M-FEAR-A]





Appropriation
Taxation
Expropriation
Authority to make, frame, enact, amend, and
repeal laws [M-FEAR]
Ancillary powers
Non-legislative [C-D-C-C-I]





Canvass of presidential elections
Declaration of state of war
Concurrence to treatise and amnesties
Constitutional amendments
Impeachment
Procedure in the Approval of Bills
First Reading
 reading of the number and title of the measure
 referral to the proper committee for study
Second Reading
 reading of the number and title of the measure
 referral to the proper committee for study
Third Reading

registration of votes and explain them if they
are allowed by the rules.
Once the bill passes the third reading, it is sent to the
other chamber, where it will also undergo the three
readings.
Conference Committee – drafts a compromise if there
be differences between the versions approved by the
two chambers
Origin of Bills
Must exclusively originate in the House of Representatives:
 Appropriation Bill – the primary and specific purpose
of which, is to authorize the release of funds from the
public treasury
 Revenue/Tariff Bill – revenue bill is one that levies
taxes and raises funds for the government; tariff bill
specifies the rates or duties to be imposed on imported
articles
 Bills Authorizing Public Debt – illustrated by one
floating bonds for public subscription redeemable for a
certain period
 Bills of Local Application – one involving purely local
or municipal matters
 Private Bills – illustrated by a bill granting honorary
citizenship to a distinguished foreigner
Prohibited Measures
Certain measures that may not be passed by the Congress such
as:
 those impairing the doctrine of separation of powers
 providing for the appointment of an elective officers
 specific provisions under the Bill of Rights
 laws impairing the obligations of contracts
 laws granting a title of royalty or nobility
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
laws increasing the appellate jurisdiction of the
Supreme Court as provided in the Constitution without
its advice and concurrence
Title of Bills
Sec 26(1). Art VI. “Every bill passed by the Congress shall
embrace only one title which shall be expressed in the title
thereof.”
Purposes:
 to prevent hodgepodge or log-rolling legislation
 to prevent surprise or fraud upon the legislature
 to fairly apprise the people
Approval of Bills
Methods by which a bill becomes a law:
1. when the President signs it
2. when the President vetoes but the veto is overridden
by two-thirds vote of all the members of each house
3. approval by inaction within thirty days after it shall
have been presented to the president
Congressional Oversight
 monitor bureaucratic compliance with the program
objectives
 determine whether agencies are properly administered
 eliminate executive waste and dishonesty
 prevent executive usurpation of legislative authority
 assess executive conformity with the congressional
perception of public interest
Functions CO:
 Scrutiny
 Congressional Investigation
 Legislative Supervision
Legislative Veto – a statutory provision requiring the president
or administrative agency to present the proposed
implementing rules and regulations of a law to congress which,
by itself or through a committee formed by it, retains a right
or power to approve or disapprove such regulations before
they take effect
Legislative Inquiries - are granted not only to the Senate and
the House of Representatives but also to any of their
respective committees and is only in aid of legislative
function, not to determine the culpability of a person; it must
also be in accordance with the rules of procedure already
published in advanced and rights of persons before
congressional inquiry must also be respected
The Power of Appropriation
Appropriation – authorizing the release of public funds from
the treasury




appropriation must be devoted to a public purpose
the sum authorized to be released must be
determinate or at least determinable
appropriation bills should originate in the House of
Representative
discretionary funds appropriated for particular officials
shall be disbursed only for public purposes to be
supported by appropriate vouchers and subject to such
guidelines as may be prescribed by law
Classifications of Appropriation Measures:


General Appropriations Law - passed annually
intended to provide for the financial operations of
the entire government during one fiscal period
Special Appropriation - designed for a specific
purpose, such as the creation of a fund for the
relief of typhoon victims
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N.B: Congress may reduce the budget but cannot increase.
Basis of the appropriation bill is the budget proposal prepared
by the President through DBM.
Power of Augmentation - no transfer of appropriations from
one department to another. However, the President, Senate
President, Speaker of the House and the Chief Justice of the
Supreme Court may, by law, be authorize to augment any item
in the GAL for their respective offices from savings in other
items of their respective appropriations
Appropriations for Sectarian Purposes - only where the
appropriation is purposely intended to benefit a religious
institution
Automatic Re-Apprpriation old GAL is deemed
continued in operation notwithstanding the lapse of the fiscal
year for which it was originally intended until the Congress
enacts a new GAL
Special Funds - any tax levied for a special purpose shall be
treated as special fund. Once the purpose was already fulfilled
or abandoned, whatever of the special tax collections may
remain shall then be transferred to the general funds of the
government for general appropriation in the discretion of the
legislature.
The Power of Taxation
The power of taxation is inherent in the State and is generally
vested in the legislature.
Rule of Taxation:
a. Uniform – persons belonging to the same class shall
be taxed at the same rate
b. Equitable – tax burden must be imposed according
to the taxpayer’s capacity to pay
Tax Exemptions
 charitable institutions
 churches




parsonages or convents
mosques
non-profit cemeteries
all lands, buildings, improvements actually directly and
exclusively used for religious, charitable or educational
purposes
The Power of Concurrence
Concurrence of the congress is required on grant of amnesty
and to a treaty.
The War Powers
Acknowledgement of a state of war is the sole act of Congress
and may be effected only by two-thirds of both houses in joint
session assembled, voting separately.
Referendum and Initiative
 Initiative – power of the people to propose bills and
laws and enact or reject them at polls, independent of
legislative assemblies
Three Systems of Initiative
1. Initiative on the Constitution – petition
proposing amendments to the Constitution
2. Initiative on Statutes – petition proposing to
enact a national legislature
3. Initiative on Local Legislation - petition
proposing to enact a regional, provincial, city
or municipal or barangay law, resolution, or
ordinance; exercised not more than once a year

Referendum – right reserved to the people to adopt or
reject any act or measures which has been passed by a
legislative body and which in most cases without action
on part of the electors become a law; can either be on
statues or on local laws.
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THE EXECUTIVE DEPARTMENT
THE PRESIDENT
Qualifications (Art. VII, Sec. 2)





Natural-born citizen of the Philippines;
A registered voter;
Able to read and write;
At least 40 years of age on the day of the election; and
A resident of the Philippines for at least 10 years
immediately preceding such election.
Presidential Immunity. The President as such cannot be sued,
enjoying as he does immunity from suit. But the validity of his
acts can be tested by an action against other executive
officials. The privilege may be invoked ONLY by the
President.
Presidential Privilege. The power of the government to
withhold information from the public, the courts, and the
Congress. It is "the right of the President and high-level
executive branch officers to withhold information from
Congress, the courts, and ultimately the public."
Election


Regular Election – Second Monday of May
National Board of Canvassers (President and VicePresident) – Congress
o Returns shall be transmitted to Congress,
directed to the Senate President
o Joint public session – not later than 30 days
after election date; returns to be opened in the
presence of the Senate and HOR in joint session
The Supreme Court as Presidential Electoral Tribunal. The
Supreme Court, sitting en banc, shall be the sole judge of all
contests relating to the election, returns and qualifications of
the President or Vice-President, and may promulgate its rules
for the purpose.
Term of Office. 6 years, which shall begin at noon on the 30th
day of June next following the day of the election and shall
end at noon of the same day 6 years thereafter.
N.B.: No person who has succeeded as President and has
served for more than 4 years shall be qualified for election to
the same office for any length of time. The PRESIDENT is not
eligible for re-election.
Vice-President
Qualifications, election and term of office and removal are
same as the President, except that no Vice-President shall
serve for more than 2 successive terms. The Vice-President
may be appointed as member of the Cabinet; such requires no
confirmation by the Commission of Appointments.
I. POWERS OF THE PRESIDENT
Executive Power
The power to enforce, implement, and administer laws. The
president shall ensure that the laws be faithfully executed.
(Art. VII, Sec. 17)
One Executive: This power is exercised by the President. (Art.
VII, Sec. 1)
Presidential Powers (Summary)
1. Executive Power - Power to enforce and administer
laws;
2. Power of Control – (a) Nullify, modify judgments of
subordinates; (b) undo or redo actions of subordinates;
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3.
4.
5.
6.
7.
8.
9.
and lay down rules for the performance of
subordinates’ duties;
Power of Supervision - oversight function; see to it
that rules, which they did not make, are followed;
Power of Appointment - legislative can create office,
but only executive can fill it; Congress cannot
circumvent this by setting very narrow qualifications,
such that only one person is qualified to hold office
Power over Legislation
a. Veto Power
b. Power to Declare Emergency - declaration
only; exercise of power is vested in Congress,
but may be delegated to the President
c. Integrative Power - powers shared with
legislative (e.g. appointments requiring
confirmation, rule-making); legislation during
times of emergency
Commander-in-Chief Powers [Art. VII, Sec. 18]
a. Call Out Power - Armed Forces to suppress
lawless violence;
b. Suspension of Writ of Habeas Corpus - ONLY
(a) in times of rebellion or invasion AND (b)
when required by public safety (c) Martial Law
– N.B.: Does not suspend Constitution
Diplomatic Powers - including power to enter into
treaties
Residual Power - to protect the general welfare of
people; founded on duty of President as steward of the
people; includes powers unrelated to execution of any
provision of law
Other Powers
a. Power to Pardon - reprieve, commute, pardon,
remit fines and forfeitures after final judgment
[Art. VII, Sec. 19(1)]
b. Power to Grant Amnesty - with concurrence of
majority of all members of Congress
c. Borrowing Power - contract or guarantee
foreign loans with concurrence of Monetary
Board [Art. VII, Sec. 20]
d. Budgetary Power - submit to congress budget
of bills and expenditures [Art. VII, Sec. 22]
e. Informing Power – address Congress during
opening of session, or at any other time [Art.
VII, Sec. 23]
THE JUDICIAL DEPARTMENT
Judicial Power includes the duty of the courts of justice to:
1. Settle actual controversies involving rights which are
legally demandable and enforceable; and
2. To determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of the Government.
Vested in: (a) Supreme Court and (b) such lower courts as
may be established by law
Judicial Review
Judicial Power
Judicial Review
Where vested
Supreme Court
Supreme Court
Lower Courts
Lower Courts
Definition
Duty to settle actual
Power of the courts to
controversies involving test the validity of
rights which are
executive
and
legally demandable
legislative acts in
and enforceable, and
light
of
their
to determine whether
conformity with the
or not there has been
Constitution
a grave abuse of
discretion amounting
to lack or excess of
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jurisdiction on the part
of any branch or
instrumentality of the
Government [Art.
VIII,Sec.1, par. 2]
Requisites for Exercise
Jurisdiction – Power to
1. Actual case or
decide and hear a case
Controversy
and execute a decision
2. Locus Standi
thereof
3. Question raised
at the earliest
opportunity
4. lis mota of the
case
the direct injury it has sustained or will sustain as a
result of the challenged governmental action.
C. Constitutional Question Must be Raised at the
Earliest Possible Opportunity
Exceptions:
a. in criminal cases, at the discretion of the court;
b. in civil cases, if necessary for the determination of
the case itself; and
c. When the jurisdiction of the court is involved
N.B.: The reckoning point is the first competent court. The
question must be raised at the first court with judicial review
powers.
Functions of Judicial Review
1. Checking
2. Legitimating
3. Symbolic
Essential Requisites for Judicial Review
A. Actual Case or Controversy
This means that there must be a genuine conflict of
legal rights and interests which can be resolved
through judicial determination.
This precludes the courts from entertaining the
following:
1. Request for an advisory opinion
2. Cases that are or have become moot and academic
B. Locus Standi
Legal standing or locus standi refers to a party’s
personal and substantial interest in a case, arising from
D. Lis Mota
Decision on the constitutional question must be
determinative of the case itself. The reason for this is
the doctrine of separation of powers which requires
that due respect be given to the co-equal branches,
and because of the grave consequences of a
declaration of unconstitutionality.
Operative Fact Doctrine
GENERAL RULE: The interpretation (or declaration) of
unconstitutionality is retroactive in that it applies from the
law’s effectivity.
EXCEPTION: Operative Fact Doctrine
Subsequent declaration of unconstitutionality does not nullify
all acts exercised in line with [the law]. The past cannot
always be erased by a new judicial declaration. [
Effect of a Declaration of Unconstitutionality
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1. Orthodox View - an unconstitutional act is not a law;
it confers no rights; it imposes no duties; it affords no
protection; it creates no office; it is inoperative, as if
it had not been passed at all
2. Modern View - certain legal effects of the statute prior
to its declaration of unconstitutionality may be
recognized
Moot Questions
Ripeness of the Controversy: The issue must be raised not too
early that it is conjectural or anticipatory, nor too late that it
becomes moot.
GENERAL RULE: Courts will not decide questions that have
become moot and academic.
EXCEPTION: Courts will still decide if:
a. There is a grave violation of the Constitution;
b. The situation is of exceptional character and
paramount public interest is involved;
c. [Symbolic Function] The constitutional issue raised
requires formulation of controlling principles to guide
the bench, the bar and the public; and
d. The case is capable of repetition yet evading review.
Political Question Doctrine
The term “political question” refers to: (1) matters to be
exercised by the people in their primary political capacity; or
(2) those specifically delegated to some other department or
particular office of the government, with discretionary power
to act. It is concerned with issues dependent upon the wisdom,
not legality, of a particular measure. In recent years, the
Court has set aside this doctrine and assumed jurisdiction
whenever it found constitutionally-imposed limits on the
exercise of powers conferred upon the Legislative and
Executive branches.
Judicial Restraint
The judiciary will not interfere with its co-equal branches
when:
1. There is no showing of grave abuse of discretion.
a. If there is no showing of grave abuse of discretion
on the part of a branch or instrumentality of the
government, the court will decline exercising its
power of judicial review.
b. Judicial review shall involve only those resulting in
grave abuse of discretion by virtue of an agency’s
quasi-judicial powers, and not those arising from its
administrative functions.
2. The issue is a political question.
Even when all requisites for justiciability have been
met, judicial review will not be exercised when the
issue involves a political question.
Guidelines for determining whether a question is political
or not:
1. There is a textually demonstrable constitutional
commitment of the issue to a political department;
2. Lack of judicially discoverable and manageable
standards for resolving it;
3. The impossibility of deciding without an initial policy
determination of a kind clearly for non-judicial
discretion;
4. Impossibility of a court’s undertaking independent
resolution without expressing lack of the respect due
coordinate branches of government;
5. An unusual need for unquestioning adherence to a
political decision already made;
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6. Potentiality of embarrassment from multifarious
pronouncements by various departments on one
question
Appointments to the Judiciary
RTC Judge
MTC/MCTC
(B.P. 129,
Judge (B.P.
Sec. 15)
129, Sec. 26)
Citizenship
Natural-born Filipino
Age
40 At least 35
At least 30
years old
years old
1. Chief Justice and 14 Associate Justices
2. May sit en banc or in divisions of three, five, or seven
members
3. Vacancy shall be filled within 90 days from the
occurrence thereof
Justices of SC
and Collegiate
Courts
En Banc and Division Cases
At least
years
old
Instances when the SC sits En Banc:
Experience
(a) Has been engaged for at
least 5 years in the practice of
law in the PHL; OR (b) has held
public office in the PHL
requiring admission to
the practice of law as an
indispensable requisite
15 years or
more as a
judge of a
lower court or
has been
engaged in the
practice of law
in the PHL for
the
same period
Tenure [Art. VIII, Sec. 11]
Hold office during good behavior until they reach
the age of 70 or become incapacitated to
discharge their duties
Character [Art. VIII, Sec. 7(3)]
Person of proven competence, integrity, probity
and independence
Supreme Court
Composition
En banc – cases decided with the concurrence of a majority of
the Members who actually took part in the deliberations and
voted.
1. Those involving the Constitutionality, application, or
operation of: [TOIL-PI-POO]
a. Treaty
b. Orders
c. International or executive agreement
d. Law
e. Presidential decrees
f. Instructions
g. Proclamations
h. Ordinances
i. Other regulations
2. Exercise of the power to Discipline judges of lower
courts, or order their dismissal [Art. VIII, Sec. 11]
3. Discipline of judges can be done by a division, BUT En
Banc decides cases for dismissal, disbarment,
suspension for more than 1 year, or fine of more than
P10,000.
4. Cases or matters heard by a Division where the
required number of votes to decide or resolve (the
majority of those who took part in the deliberations on
the issues in the case and voted thereon, and in no case
less than 3 members) is not met. [Art. VIII, Sec. 4(3)]
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5. Modifying or reversing a doctrine or principle of law
laid down by the court in a decision rendered en banc
or in division [Art. VIII, Sec. 4(3)]
6. Actions instituted by citizen to test the validity of a
proclamation of Martial law or suspension of the
privilege of the writ [Art. VIII, Sec. 18]
7. When sitting as Presidential Electoral Tribunal [Art.
VIII, Sec. 4, par. 7]
8. All Other cases which under the Rules of Court are
required to be heard by the SC en banc. [Art. VIII, Sec.
4(2)]
The SC En Banc is not an appellate court vis-à-vis its Divisions.
The only constraint is that any doctrine or principle of law laid
down by the Court, either rendered en banc or in division, may
be overturned or reversed only by the Court sitting en banc.
Original Jurisdiction [Art. VIII, sec. 5[1]]
1. Cases affecting ambassadors, other public ministers and
consuls
2. Petition for certiorari
3. Petition for prohibition
4. Petition for mandamus
5. Petition for quo warranto
6. Petition for habeas corpus
Original Jurisdiction [Art. VIII, Sec. 5(2)] – on appeal or
certiorari (as the Rules of Court provide), SC may review,
revise, reverse, modify, or affirm final judgments and
orders of lower courts in:
1. Cases involving the constitutionality or validity of any
treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction,
ordinance, or regulation.
2. Cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in relation
thereto
3. Cases in which the jurisdiction of any lower court is in
issue.
4. Criminal cases where the penalty imposed is reclusion
perpetua or higher.
5. Cases where only a question of law is involved.
Judicial Privilege
A form of deliberative process privilege; Court records which
are pre-decisional and deliberative in nature are thus
protected and cannot be the subject of a subpoena
A document is predecisional if it precedes, in temporal
sequence, the decision to which it relates.
A material is deliberative on the other hand, if it reflects the
give-and-take of the consultative process. The key question is
whether disclosure of the information would discourage
candid discussion within the agency.
Judicial Privilege is an exception to the general rule of
transparency as regards access to court records.
Court deliberations are traditionally considered privileged
communication.
THE CONSTITUTIONAL COMMISSIONS
Constitutional Commissions
1. Civil Service Commission
2. Commission on Elections
3. Commission on Audit
Constitutional Safeguards to Ensure Independence of
Commissions
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1. They are constitutionally created, hence may not be
abolished by statute.
2. Each commission is vested with powers and functions
which cannot be reduced by statute.
3. Independent constitutional bodies.
4. The Chairmen and members cannot be removed
except by impeachment.
5. Fixed term of office of 7 years.
6. The Chairmen and members may not be appointed in
an acting capacity.
7. The salaries of the Chairmen and members may not be
decreased during their tenure.
8. The Commissions enjoy fiscal autonomy.
9. Each Commission may promulgate its own procedural
rules, provided they do not diminish, increase or
modify substantive rights [though subject to
disapproval by the Supreme Court.
10. The Commission may appoint their own officials and
employees in accordance with Civil Service Law.
Term of Office of Each Commission Member
The terms of the first Chairmen and Commissioners of the
Constitutional Commissions under the 1987 Constitution must
start on a common date, irrespective of the variations in the
dates of appointments and qualifications of the appointees, in
order that the expiration of the first terms of seven, five and
three years should lead to the regular recurrence of the twoyear interval between the expiration of the terms. This
common appropriate starting point must be on February 02,
1987, the date of the adoption of the 1987 Constitution.
Tenure – term during which the incumbent actually holds the
office
The term of office is not affected by the hold-over. The tenure
may be shorter than the term for reasons within or beyond the
power of the incumbent.
Prohibited Offices and Interests
No member of the Constitutional Commissions shall, during
their tenure:
1. Hold any other office or employment. This is similar to
the prohibition against executive officers. It applies to
both public and private offices and employment.
2. Engage in the practice of any profession.
3. Engage in the active management or control of any
business which in any way may be affected by the
functions of his office.
4. Be financially interested, directly or indirectly, in any
contract with, or in any franchise or privilege granted
by, the Government, its subdivisions, agencies or
instrumentalities,
including
GOCCs
or
their
subsidiaries. [Art. IX-A, Sec. 2]
The CSC Chairman cannot be a member of a government entity
that is under the control of the President without impairing
the independence vested in the CSC by the 1987 Constitution.
Term – the time during which the officer may claim to hold
office as of right, and fixes the interval after which the several
incumbents shall succeed one another
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THE CIVIL SERVICE COMMISSIONS
Functions:
1. In the exercise of its powers to implement R.A.
6850 (granting civil service eligibility to employees
under provisional or temporary status who have
rendered seven years of efficient service), the CSC
enjoys a wide latitude of discretion, and may not
be compelled by mandamus.
2. Under the Administrative Code of 1987, the Civil
Service Commission has the power to hear and
decide administrative cases instituted before it
directly or on appeal, including contested
appointments.
3. The Commission has original jurisdiction to hear
and decide a complaint for cheating in the Civil
Service examinations committed by government
employees.
4. It is the intent of the Civil Service Law, in requiring
the establishment of a grievance procedure, that
decisions of lower level officials (in cases involving
personnel actions) be appealed to the agency head,
then to the Civil Service Commission.
Scope of the Civil Service
Embraces all branches, subdivisions, instrumentalities and
agencies of the Government, including GOCCs with original
charters. [Sec. 2(1), Art. IX-B]
Composition:
A Chairman and 2 Commissioners
Qualifications: [Art. IX-B, Sec. 1(1)]
1. Natural-born citizens of the Philippines;
2. At the time of their appointment, at least 35 years of
age;
3. With proven capacity for public administration; and
Art. IX—B, Sec. 3. The Civil Service Commission, as the
central personnel agency of the Government, shall
establish a career service and adopt measures to
promote morale, efficiency, integrity, responsiveness,
progressiveness, and courtesy in the civil service. It shall
strengthen the merit and rewards system, integrate all
human resources development programs for all levels
and ranks, and institutionalize a management climate
conducive to public accountability. It shall submit to the
resident and the Congress an annual report on its personnel
programs.
4. Must not have been candidates for any elective position
in the election immediately preceding their
appointment.
Classes of Service:
1. Career Service – characterized by entrance (a) based
on merit and fitness to be determined, as far as
practicable, by competitive examinations, OR (b)
based on highly technical qualifications; with
opportunity for advancement to higher career positions
and security of tenure.
a. Open Career Positions – where prior qualification in
an appropriate examination is required.
b. Closed Career Positions – e.g. scientific or highly
technical in nature;
c. Career Executive Service – e.g. undersecretaries,
bureau directors
d. Career Officers – other than those belonging to the
Career Executive Service who are appointed by the
President, e.g. those in the foreign service
e. Positions in the AFP although governed by a
different merit system
f. Personnel of GOCCs with original charters
g. Permanent laborers, whether skilled, semi-skilled
or unskilled
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2.
Non-Career Service – characterized by entrance on
bases other than those of the usual tests utilized for
the career service; tenure limited to a period specified
by law, or which is co-terminus with that of the
appointing authority or subject to his pleasure, or
which is limited to the duration
a. Elective officials, and their personal and
confidential staff;
b. Department heads and officials of Cabinet rank who
hold office at the pleasure of the President, and
their personal and confidential staff;
c. Chairmen and members of commissions and
bureaus with fixed terms;
d. Contractual personnel;
e. Emergency and seasonal personnel
Appointments in the Civil Service
GENERAL RULE: Made only according to merit and fitness to
be determined, as far as practicable, by competitive
examination
EXCEPTIONS:
1. Policy Determining – where the officer lays down
principal or fundamental guidelines or rules; or
formulates a method of action for government or any
of its subdivisions; e.g. department head.
2. Primarily Confidential – denoting not only confidence
in the aptitude of the appointee for the duties of the
office but primarily close intimacy which ensures
freedom of intercourse without embarrassment or
freedom from misgivings or betrayals on confidential
matters of state; OR one declared to be so by the
President of the Philippines upon the recommendation
of the CSC.
3. Highly Technical – requires possession of technical skill
or training in supreme degree.
Disqualifications:
1. No candidate who has lost in any election shall within
1 year after such election, be appointed to any office
in the Government or any GOCC or in any of its
subsidiaries. [Art. IX-B, Sec. 6]
2. No elective official shall be eligible for appointment or
designation in any capacity to any public office or
position during his tenure. [Art. IX B, Sec. 7[1]]
3. Unless otherwise allowed by law OR by the primary
functions of his position, no appointive official shall
hold any other office or employment in the
Government or any subdivision, agency or
instrumentality thereof including GOCCs or their
subsidiaries. [Art. IX-B, Sec. 7(2)]
4. No officer or employee in the civil service shall engage
directly or indirectly, in any electioneering or partisan
political activity. [Art. IX-B, sec. 2(4)]
THE COMMISSION ON ELECTIONS
Functions and Powers
1. Enforce all laws relating to the conduct of election,
plebiscite, initiative, referendum and recall.
Initiative – the power of the people to propose
amendments to the Constitution or to propose and
enact legislation through an election called for that
purpose.
Referendum – the power of the electorate to approve
or reject legislation through an election called for that
purpose.
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Recall – the termination of official relationship of a
local elective official for loss of confidence prior to the
expiration of his term through the will of the
electorate.
Plebiscite – the submission of constitutional
amendments or important legislative measures to the
people for ratification.
2. Recommend to the Congress effective measures to
minimize election spending, and to prevent and
penalize all forms of election frauds, offenses,
malpractices, and nuisance candidacies.
3. Submit to the President and the Congress, a
comprehensive report on the conduct of each election,
plebiscite, initiative, referendum, or recall.
Power to declare failure of election – the COMELEC
may exercise such power motu proprio or upon a
verified petition, and the hearing of the case shall be
summary in nature.
4. Decide administrative questionspertaining to election
except the right to vote (the jurisdiction of which is
with the judiciary).
5. File petitions in court for inclusion or exclusion of
voters.
6. Investigate and prosecute cases of violations of
election laws.
The COMELEC has exclusive jurisdiction to investigate
and prosecute cases for violations of election laws.
7. Recommend pardon, amnesty, parole or suspension of
sentence of election law violators.
8. Deputize
law
enforcement
agencies
and
instrumentalities of the Government for the exclusive
purpose of ensuring free, orderly, honest, peaceful,
and credible elections.
9. Recommend to the President the removal of any officer
or employee it has deputized for violation or disregard
of, or disobedience to its directive.
10. Registration of political parties, organizations and
coalitions and accreditation of citizens’ arms.
11. Regulation of public utilities and media of information.
The law limits the right of free speech and of access to
mass media of the candidates themselves.
12. Decide election cases
The Commission on Elections may sit en banc or in two
divisions, and shall promulgate its rules of procedure in
order to expedite disposition of election cases,
including pre-proclamation controversies. All such
election cases shall be heard and decided in division,
provided that motions for reconsideration of decisions
shall be decided by the Commission en banc. [Art. IXC, Sec. 3]
Cases which must be heard by division
1. All election cases, including pre-proclamation contests
originally cognizable by the Commission in the exercise
of its powers under Sec. 2(2), Art IX-C.
2. Jurisdiction over a petition to cancel a certificate of
candidacy.
3. Even cases appealed from the RTC or MTC have to be
heard and decided in division before they may be heard
en banc.
If the COMELEC exercises its quasi-judicial functions then the
case must be heard through a division. Upon motion for
reconsideration of a decision, the case is heard en banc.
If the COMELEC exercises its administrative functions then it
must act en banc.
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Composition
A Chairman and 6 Commissioners.
Composition:
Qualifications:
A Chairman and 2 Commissioners
1.
2.
3.
4.
Must be natural-born citizens;
At least 35 years of age;
Holders of a college degree;
Have not been candidates in the immediately
preceding election;
5. Majority, including the Chairman, must be members of
the Philippine Bar who have been engaged in the
practice of law for at least 10 years. [Art. IX-C, Sec. 1]
THE COMMISSION ON AUDIT
Powers and Functions
1. Examine, audit, and settle accounts pertaining to
government funds or property: its revenue, receipts,
expenditures, and uses
Post-audit basis:
a. Constitutional bodies, commissions and offices;
b. Autonomous state colleges and universities;
c. GOCCs with no original charters and their
subsidiaries;
d. Non-governmental entities receiving subsidy or
equity, directly or indirectly, from or through
the Government, which are required by law or
the granting institution to submit such audit as
a condition of ubsidy or equity.
2. Exclusive Authority to
a. Define the scope of its audit and examination;
b. Establish techniques and methods required;
c. Promulgate accounting and auditing rules and
regulations
Qualifications:
1. Natural born Filipino citizens
2. At least 35 years of age
3. CPAs with not less than 10 years of auditing experience
OR members of the Philippine bar with at least 10 years
practice of law
N.B.: At no time shall all members belong to the same
profession.
ACCOUNTABILITY OF PUBLIC OFFICERS
Impeachment - method of national inquest into the conduct
of public men.
It is the power of Congress to remove a public official for
serious crimes or misconduct as provided in the Constitution.
Purpose: To protect the people from official delinquencies or
malfeasances. It is primarily intended for the protection of the
State, not for the punishment of the offender.
Impeachable Officers
1. President
2. Vice-President
3. Members of the Supreme Court
4. Members of the Constitutional Commissions
5. Ombudsman
All other public officers and employees may be removed from
office as provided by law, but not by impeachment. (Sec. 2,
Art. XI, Constitution).
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Grounds for Impeachment
1.
2.
3.
4.
5.
6.
Culpable violation of the Constitution
Treason
Bribery
Graft and corruption
Other high crimes, or
Betrayal of public trust
Procedure
The House of Representatives has the sole power to initiate all
cases of impeachment while the Senate sits as a court for the
trial of impeachment cases.
No impeachment proceedings shall be initiated against the
same official more than once within a period of one year. [Sec.
3, Art. XI, Constitution]
The term “to initate” refers to:
1. the filing of the impeachment complaint, coupled with
2. Congress’ taking initial action of said complaint
Judgment
Judgment in cases of impeachment shall not extend further
than removal from office and disqualification to hold any
office under the Republic of the Philippines, but the party
convicted shall nevertheless be liable and subject to
prosecution, trial, and punishment, according to law. [Sec. 3,
Art. XI, Constitution]
Ombudsman
Qualifications:
1. Natural-born citizen;
2. At least 40 years of age;
3. Of recognized probity and independence;
4. Member of the Philippine Bar; and
5. Must not have been candidates for any elective office
in the immediately preceding election.
Term: Seven (7) years without reappointment
Powers and Functions under RA 6770
1. Investigate any act or omission of any public official,
employee, office or agency which appears to be illegal,
unjust, improper, or inefficient. This may be done by
the Ombudsman on its own or upon complaint.
2. Direct any public official or employee, or any
government subdivision, agency or instrumentality, as
well as of any government-owned or controlled
corporation with original charter:
a. To perform and expedite any act or duty
required by law, or
b. To stop, prevent, and correct any abuse or
impropriety in the performance of duties
3. Direct the officer concerned:
a. To take appropriate action against a public
official or employee at fault, and
b. To recommend the latter’s removal,
suspension, demotion, fine, censure, or
prosecution, and
c. To ensure compliance therewith.
4. Direct the officer concerned, in any appropriate case,
and subject to such limitations as may be provided by
law, to furnish it with copies of documents relating to
contracts or transactions entered into by his office
involving the disbursement or use of public funds or
properties. The Ombudsman can also report any
irregularity to the Commission on Audit for appropriate
action.
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5. Request any government agency for assistance and
information necessary in the discharge of its
responsibilities, and to examine, if necessary,
pertinent records and documents.
6. Publicize matters covered by its investigation when
circumstances so warrant and with due prudence.
7. Determine the causes of inefficiency, red tape,
mismanagement, fraud, and corruption in the
Government and make recommendations for their
elimination and the observance of high standards of
ethics and efficiency.
8. Promulgate its rules of procedure and exercise such
other powers or perform such functions or duties as
may be provided by law (Sec. 13, Art. XI, Const.)
9. Administer oaths, issue subpoena and subpoena duces
tecum, and take testimony in any investigation or
inquiry, including the power to examine and have
access to bank accounts and records;
10. Punish for contempt in accordance with the Rules of
Court and under the same procedure and with the same
penalties provided therein;
11. Delegate to the Deputies, or its investigators or
representatives such authority or duty as shall ensure
the effective exercise or performance of the powers,
functions, and duties herein or hereinafter provided;
12. Investigate and initiate the proper action for the
recovery of ill-gotten and/or unexplained wealth
amassed after February 25, 1986 and the prosecution
of the parties involved therein (For Nos. 9-12, Sec. 15,
RA 6770)
government, government-owned or controlled corporations
and their subsidiaries. (Sec. 21, RA 6770)
EXCEPTIONS: The Ombudsman has no disciplinary power over
the following (Sec. 21, RA 6770)
1. Officials who may be removed only by impeachment
2. Members of Congress
3. Members of the Judiciary
However, the Office of the Ombudsman has the power to
investigate any serious misconduct in office committed by
officials removable by impeachment, for the purpose of filing
a verified complaint for impeachment, if warranted. (Sec. 22,
RA 6770)
N.B.: The disciplinary power of the Ombudsman is not
exclusive but is shared with other disciplinary authorities of
the government.
The disciplinary power of the Ombudsman over elective
officials is concurrent with the power vested in the officials’
specified in the Local Government Code of 1991.
Sandiganbayan
Nature and Composition
The Sandiganbayan is created under PD 1606 as amended by
RA 8249. It is a special court, of the same level as the Court
of Appeals and possessing all the inherent powers of a court of
justice.
Administrative Jurisdiction
It is composed of a presiding justice and fourteen associate
justices who shall be appointed by the President.
GENERAL RULE: The Office of the Ombudsman has disciplinary
authority over all elective and appointive officials of the
government and its subdivisions, instrumentalities and
agencies, including Members of the Cabinet, local
Exclusive Original Jurisdiction - over petitions for the
issuance of the writs of mandamus, prohibitions, certiorari,
habeas corpus, injunction and other ancillary writs and
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processes in aid of its appellate jurisdiction. Provided, that
jurisdiction over these petitions shall be not exclusive of the
Supreme Court.
Exclusive Appellate Jurisdiction - over final judgments,
resolutions or orders of RTC whether in the exercise of their
own original jurisdiction or their appellate jurisdiction. (RA
8249)
AMENDMENT OR REVISION OF THE CONSTITUTION
Concepts
Amendments – an addition or change within the lines of the
original constitution as will effect an improvement, or better
carry out the purpose for which it was framed; a change that
adds, reduces or deletes without altering the basic principles
involved; affects only the specific provision being amended.
[Lambino v. COMELEC, G.R. No.174153. October 25, 2006]
Revisions – a change that alters a basic principle in the
constitution, like altering the principle of separation of powers
or the system of checks-and-balances; alters the substantial
entirety of the constitution, as when the change affects
substantial provisions of the constitution.
Difference – revision generally affects several provisions of
the constitution, while amendment generally affects only the
specific provision being amended. This distinction is
significant because the 1987 Constitution allows people’s
initiative only for the purpose of amending, not revising, the
Constitution.
Procedure
There are two steps in the amendatory process: (1) proposal,
and (2) ratification
1. Proposal - the adoption of the suggested change in the
Constitution.
a. Congress (as a Constituent Assembly) – a vote of
3/4 of ALL its members
b. Constitutional Convention – called into existence
by (a) 2/3 of all members of Congress OR (b) the
electorate, in a referendum called for by a majority
of all members of Congress [CONST., art. XVII, sec.
3]
c. People (through a People’s Initiative) – petition of
at least 12% of the total number of registered
voters; every legislative district must be
represented by at least 3% of the registered voters
therein.
a. Limitation on Initiative: No amendment in
this manner shall be authorized (1) within 5
years following the ratification of the 1987
Const. nor (2) more often than once every 5
years thereafter.
b. Enabling Law: Constitutional provision on
amendments via People’s Initiative not selfexecutory [Defensor-Santiago v. COMELEC,
270 SCRA 170 (1997)]
2. Ratification – the proposed amendment shall be
submitted to the people and shall be deemed ratified
by the majority of the votes cast in a plebiscite, held
not earlier than 60 days nor later than 90 days:
a. After approval of the proposal by Congress or
ConCon;
b. After certification by the COMELEC of
sufficiency of petition of the people.
Doctrine of Proper Submission - a plebiscite may be held on
the same day as a regular election [Gonzales v. COMELEC, 21
SCRA 774]. The entire Constitution must be submitted for
ratification at one plebiscite only. The people must have a
proper “frame of reference”. [Tolentino v. COMELEC, 41 SCRA
702].
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Summary of Two Stages of Amendatory/ Revision Process
By
Amendments Congress
Proposal
By a vote of
3/4 of all
its
members
Constitutional (In practice)
Convention
per internal
rules,
limited by
the Doctrine
of
Proper
Submission
People’s
Upon
Initiative
COMELEC’s
certification
of the
sufficiency
of the
petition
Congress
By a vote of
3/4 of all
its
members
Constitutional (In practice)
Convention
per internal
rules,
limited by
the
Doctrine of
Proper
Submission
Ratification
Via
Plebiscite,
60-90 days
after
submission
of the
amendments
Revision
Via
Plebiscite,
60-90 days
after
submission
of the
revisions
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