2014
CONSTITUTIONAL LAW I (REVIEWER)
THE 1987 PHILIPPINE CONSTITUTION
ANGARA v. ELECTORAL COMMISSION; 63 PHIL
139
PART I. SUPREMACY OF THE
The Electoral Commission did not act without or in
excess of its jurisdiction in taking cognizance of the
protest filed against the election of Angara
notwithstanding the previous confirmation of such
election by resolution of the National Assembly. The
Electoral Commission acted within the legitimate
exercise of its constitutional prerogative (Art. VI, sec. 4)
in assuming to take cognizance of the protest. The
grant of power to the Electoral Commission to judge all
contests relating to the election, returns and
qualifications of members of the National Assembly, is
intended to be as complete and unimpaired as if it had
remained originally in the legislature. The express
lodging of that power in the Electoral Commission is an
implied denial of the exercise of that power by the
National Assembly.
CONSTITUTION
A. FUNDAMENTAL LAW AS OVERRIDING
STANDARD
OF
VALIDITY
IN
CASE
OF
REPUGNANCY
MARBURY v. MADISON; 5 U.S. 137
Application for writ of mandamus denied. Marbury
doesn’t get the commission. The Supreme Court does
not have original jurisdiction to issue writs of
mandamus. The supreme courts shall have original
jurisdiction in all cases affecting ambassadors, other
public ministers and consuls, and those in which a state
shall be a party. In all other cases, the Supreme Court
shall have appellate jurisdiction. An act establishing the
judicial courts of the United States, to issue writ of
mandamus to public officers, appears not to be
warranted by the constitution. The constitution of the
United States confirms and strengthens the principle
that a law repugnant against the constitution is void.
WRIT OF MANDAMUS
An order compelling the person to do a specific act.
UNITED STATES v. NIXON; 418 U.S. 683
When the ground for asserting privilege as to
subpoenaed materials sought for use in a criminal trial
is based only on the generalized interest in
confidentiality, it cannot prevail over the fundamental
demands of due process of law in the fair administration
of criminal justice. The need for confidentiality might be
made concerning political leaders within the country or
foreign statesmen is too obvious to call for further
treatment. It is necessary in the public interest to afford
Presidential confidentiality the greatest protection
consistent with the fair administration of justice. The
District Judge will accord to Presidential records that
high degree of respect. Courts should review the
communications but no in camera material is revealed
to anyone.
MATTERS IN WHICH EXECUTIVE PRIVILEGE IS
ALLOWED:
1. National security
2. Military
3. Diplomatic or sensitive national issues
B.
SUPREMACY
OF
THE
CONSTITUTION
ENFORCED THROUGH JUDICIAL REVIEW
TANADA v. CUENCO; 103 PHIL 1051
The SC took cognizance of the case and ruled in favour
of Lorenzo and Diosdado. The term Political Question,
connotes what it means in ordinary parlance, namely, a
question of policy. It refers to those questions which,
under the Constitution, are to be decided by the people
in their sovereign capacity; or in regard to which full
discretionary authority has been delegated to the
legislative or executive branch of the government. It is
concerned with issues dependent upon the wisdom, not
legality, of a particular measure. The Court holds that
the Senate may not elect, as members of the Senate
Electoral Tribunal, those Senators who have not been
nominated by the political parties specified in the
Constitution.
PART II. PHILIPPINE SOVEREIGNTY
A. STATE DEFINED
A community of persons more or less numerous
permanently occupying a definite portion of territory,
having a government of their own to which the great
body of inhabitants render obedience, and enjoying
freedom from external control.
PART III. PREAMBLE
We, the sovereign Filipino people, imploring the aid of
Almighty God, in order to build a just and humane
society, and establish a Government that shall embody
our ideals and aspirations, promote the common good,
conserve and develop our patrimony, and secure to
ourselves and our posterity, the blessings of
independence and democracy under the rule of law and
a regime of truth, justice, freedom, love, equality, and
peace, do ordain and promulgate this Constitution.
Notes By: Marren E. Juangco
1
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CONSTITUTIONAL LAW I (REVIEWER)
A. PURPOSE
[iv] All territory over which the present
Government of the Philippine Islands
exercises jurisdiction
1. It tells us who are the authors of the Constitution and
for whom it has been promulgated.
- The doubt with respect to the Batanes Islands
was left unclarified so the 1935 Constitution
added this clause.
2. It states the general purposes which are intended to
be achieved by the Constitution.
3. It may serve as an aid of interpretation, in case of
ambiguity.
b. Method of determining baselines
1. R.A. No. 3046 (June 17, 1961) – determines
the baseline
PART IV. PHILIPPINE TERRITORY
A.
TERRITORY
–
THE
2. R.A. No. 5446 (September 8, 1968) – it
corrects errors in R.A. No. 3046
ARCHIPELAGO
CONCEPT
3. R.A. No. 9522 (March 10, 2009)
ARTICLE I
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.
1. The Philippine Archipelago
a. Treaty limits
2.
Other
Philippines
territories
has
over
which
sovereignty
the
or
jurisdiction
a. P.D. No. 1596 (June 11, 1978)
b. R.A. No. 9522 (March 10, 2009)
3. Two Hundred-Mile Exclusive Economic
Zone
a. P.D. No. 1599 (June 11, 1978)
b. U.N. Convention on the Law of the Sea (April
30, 1982)
[i] The Treaty of Paris on December 10, 1898
PURPOSE OF DETERMINING THE TERRITORY OF
THE PHILIPPINES
- Spain ceded to the U.S. “the archipelago
known as the Philippine islands, and
comprehending the islands lying within.”
At first, it is non-sense to determine the baselines but
the history of the Philippine Constitution evinces its
importance.
- The technical description embodied in the
treaty of Paris left some doubt about the
inclusion within the ceded territory of the
Batanes Islands to the North and the islands of
Sibutu and Cagayan de Sulu to the South as
well as of the Turtle and Mangsee islands.
1. 1935 Constitution – to prevent dismemberment
from U.S.
2. 1973 Constitution – to lay claim over Sabah
3. 1987 Constitution – it changed the phraseology
to remove any animosity with Malaysia but
without renouncing the claim over Sabah. It is
to give the impression that the Philippines is not
abandoning its claim over Sabah.
[ii] The Treaty of Washington on November
7, 1900
- The treaty corrected the error with respect to
the islands of Sibutu and Cagayan de Sulu.
[iii] The treaty between Great Britain and the
U.S. on January 2, 1930
- The jurisdiction over the Turtle and Mangsee
islands was clarified.
ARCHIPELAGIC DOCTRINE
The body of water studded with islands, or the islands
surrounded with water is viewed as a unity of islands
and waters together forming one unit. Its purpose is to
protect the territorial integrity of the island.
CONTINENT
It is a single mass of land.
nd
ART. 1, 2
SENTENCE
Notes By: Marren E. Juangco
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CONSTITUTIONAL LAW I (REVIEWER)
It is not the Archipelagic Doctrine, it is only the
restatement of the adherence of the doctrine.
BASELINE
A line from which, the breadth of the territorial sea,
contiguous zone and Exclusive Economic Zone (EEZ)
is measured in order to determine the maritime
boundary of the coastal state
ALL OTHER PARTS OF THE TERRRITORY:
1. Batanes
2. Those contemplated under Article 1 of the 1973
Constitution owned by historic right or legal title
3. P.D. No. 1596 – Kalayaan islands placing it
under the province of Palawan.
CONTINENTAL SHELF
- It was named after the American geologist
Andrew Benham who discovered the continental
shelf.
- The United Nation Commission on the limits of the
continental shelf and territory three years after the
country filed its claim.
HISTORIC RIGHT
The title created in derogation of international law
through historical process by which one state has
asserted jurisdiction originally illegal, which has been
acquiesced in by the community of nations.
LEGAL TITLE
It refers to a derivative title, such as cession by a State
of its sovereign rights over a territory.
PART V. CITIZENSHIP
Seabed and subsoil. It does not form part of the
Philippines, though Philippines have sovereign rights.
HIGH SEAS
Treated as res communes, not a territory of a particular
state.
TWO KINDS OF ARCHIPELAGO (UNCLOS):
1. Coastal – it is close to mainland.
2. Mid-ocean – it is situated in the ocean at such
distance from the coasts of firm land (E.g.:
Philippines)
MERLIN MAGALLONA ET.AL v. HON. EDUARDO
ERMITA ET.AL; G.R. No. 187167 (July 11, 2011)
The Court finds R.A. 9552 constitutional and is
consistent with the Philippines’ national interest. Aside
from being a vital step in safeguarding the country’s
maritime zones, the law also allows an internationally –
recognized delimitation of the breadth of the
Philippines’ maritime zones and continental shelf. The
Court also finds that the conversion of internal waters
into archipelagic waters will not risk the Philippines as
affirmed in the Article 49 of the UNCLOS III, an
archipelagic state has sovereign power that extends to
the waters enclosed by the archipelagic baselines,
regardless of their depth or distance from the coast. It is
further stated that the regime of archipelagic sealanes
passage will not affect the status of its archipelagic
waters or the exercise of sovereignty over waters and
air space, bed and subsoil and the resources in it.
4. Benham Rise
- The United Nation now recognizes the Philippine’s
claim and the country’s territory has increase to
43m from 30m hectares.
A. WHO ARE CITIZENS OF THE PHILIPPINES
ARTICLE IV SECTION 1
The following are citizens of the Philippines:
[1] Those who are citizens of the Philippines at the time
of the adoption of this Constitution;
[2] Those whose fathers or mothers are citizens of the
Philippines;
[3] Those born before January 17, 1973, of Filipino
mothers, who elect Philippine citizenship upon reaching
the age of majority; and
[4] Those who are naturalized in accordance with law.
1. Citizens at the time of the adoption of the 1987
Constitution
a. Citizens under the 1935 Constitution
i. Philippine Bill of 1902 or Jones Law (July 01,
1902)
- All those that were considered citizens of the
Philippines under the treaty of Paris were
deemed to be citizen. Also, all those been born
after April 11, 1899 to parents who were
Spanish subjects on that date and who
continued to reside in the Philippines were ipso
facto citizens of the Philippines unless they
declare their allegiance to the Spanish crown.
ii. The Caram Rule
-
Under the 1935 Constitution, those born in
the Philippine of foreign parent, who before
the adoption of the Constitution had been
Notes By: Marren E. Juangco
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CONSTITUTIONAL LAW I (REVIEWER)
elected to public office in the Philippines,
are considered Filipino citizens.
iii. Those whose fathers were citizens
iv. Those who elected upon reaching majority
age
v. Those who were naturalized
b. Citizens under the 1973 Constitution (January
17, 1973)
i. Those already citizens
ii. Those whose fathers and mothers are
citizens
iii. Those who elected Philippine Citizenship
iv. Those who were naturalized
2. Those whose fathers and mothers are citizens
3. Those who elect Philippine Citizenship
year 1870, when the Philippines was under Spanish
rule, and that San Carlos, Pangasinan, his place of
residence upon his death in 1954, in the absence of
any other evidence, could have well been his place of
residence before death, such that Lorenzo would have
benefited from the “en masse Filipinization” that the
Philippine Bill had effected in 1902. That citizenship of
Lorenzo Pou, if acquired, would thereby extend to his
son, Allan F. Poe, father of FPJ. The 1935 Constitution,
wherein which FPJ was born under, which constitution
considers as citizen of the Philippines those whose
fathers are citizens of the Philippines, FPJ was in fact a
natural-born citizen of the Philippines regardless of
whether or not he is legitimate or illegitimate. The
evidence though could not establish conclusively that
FPJ is a natural-born citizen, but at the same time such
evidence was not enough to hold that FPJ was guilty of
having made a material misrepresentation of his
certificate of candidacy and violating the Omnibus
Election Code. Thus, FPJ may run for the position of
President in the coming elections.
NATURAL – BORN CITIZENS (Art. IV, sec.2)
4. Those who are naturalized in accordance with
law.
1. Those whose fathers and mothers are citizens
B. NATURAL BORN – PRINCIPLE OF JUS
2. Those who elect Filipino citizenship
SANGUINIS
3. Reacquisition of natural born citizenship by
repatriation
PRINCIPLES THAT
BIRTH:
GOVERN
CITIZENSHIP
BY
1. Jus Sanguinis
- Blood relationship is the basis for the acquisition
of citizenship.
2. Jus Soli or Jus Loci
- Place by birth serves as the basis for acquiring
citizenship.
- There are some cases in the Philippines that
follow Jus soli.
TECSON v. COMELEC; G.R. No. 161434 (March 03,
2004)
One requirement required by the Constitution to be able
to run as President is to be a natural-born citizen.
Natural-born citizens are those who are citizens of the
Philippines since birth without having to perform any act
to acquire or perfect their Philippine citizenship. FPJ’s
being a natural-born citizen, depended on whether or
not his father, Allan F. Poe, would have himself been a
Filipino citizen which in turn would also depend on the
nationality of his father, Lorenzo Pou. The Filipino
Citizenship of Lorenzo Pou could only be drawn from
the presumption that having died in 1954 at 84 years
old, Lorenzo would have been born sometime in the
WHO MUST BE NATURAL – BORN CITIZENS
1.
2.
3.
4.
5.
6.
7.
8.
President (Art. VII, sec. 2)
Vice President (Art. VII, sec. 3)
Members of Congress (Art. VI, secs. 3 and 6)
Justice of the Supreme Court and lower
collegiate courts (Art. VIII, sec. 7(1))
Tanodbayan and his deputies (Art. XI, sec. 8)
Constitutional Commissions (Art. IX, B, sec.
1(1); Art. IX, C, sec.1(1); Art. IX, D, sec. 1(1))
Members of the Central Monetary Authority
(Art. XII, sec. 20)
Commission on Human Rights (Art. XIII, sec.
17(2))
FORMER
NATURAL
BORN
CITIZENS
AS
TRANSFEREES OF PRIVATE LANDS
ARTICLE XII, SECTION 8
Notwithstanding the provisions of Section 7 of this
Article, a natural-born citizen of the Philippines who has
lost his Philippine citizenship may be a transferee of
private lands, subject to limitations provided by law.
a. THOSE NATURALIZED IN ACCORDANCE WITH
LAW
Notes By: Marren E. Juangco
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CONSTITUTIONAL LAW I (REVIEWER)
1. By Judicial Proceeding
Disqualifications. - The following persons are
disqualified from running for any elective local position:
(d) Those with dual citizenship;
a. CA No. 473 secs. 2-5, 7, 8, 15 and 18
b. R.A. No. 530, sec. 1 – effect on the wife and
children
2. By Administrative Proceedings (R.A. No.
9139)
3. By Direct Act of Congress
b. LOSS OF CITIZENSHIP
ARTICLE IV, SECTION 3
Philippine citizenship may be lost or reacquired in the
manner provided by law.
c. CITIZENSHIP RETENTION AND REACQUISITION
ACT OF 2003 (R.A. No. 9225)
AASJS & HECTOR CALILUNG v. DATUMANONG;
G.R. No. 160969 (May 11, 2007)
Section 5, Article IV of the Constitution is a declaration
of a policy and it is not a self-executing provision. What
Rep. Act No. 9225 does is allow dual citizenship to
natural-born Filipino citizens who have lost
Philippine citizenship by reason of their naturalization
as citizens of a foreign country. On its face, it does not
recognize dual allegiance. By swearing to the supreme
authority of the Republic, the person implicitly
renounces his foreign citizenship. Plainly, from Section
3, Rep. Act No. 9225 stayed clear out of the problem of
dual allegiance and shifted the burden of confronting
the issue of whether or not there is dual allegiance to
the concerned foreign country. What happens to the
other citizenship was not made a concern of Rep. Act
No. 9225. On the other hand, Congress was given a
mandate to draft a law that would set specific
parameters of
what
really
constitutes dual
allegiance. Until this is done, it would be premature for
the judicial department, including this Court, to rule on
issues pertaining to dual allegiance.
d. DUAL ALLEGIANCE
ARTICLE IV, SECTION 4
Citizens of the Philippines who marry aliens shall retain
their citizenship, unless by their act or omission, they
are deemed, under the law, to have renounced it.
ARTICLE IV, SECTION 5
Dual allegiance of citizens is inimical to the national
interest and shall be dealt with by law.
SECTION
40
of
R.A.
GOVERNMENT CODE
NO.
7160
LOCAL
MERCADO v. MANZANO; 307 SCRA 630
Dual citizenship is different from dual allegiance. While
dual citizenship is involuntary, dual allegiance is the
result of an individual’s volition. Dual allegiance refers
to the situation in which a person simultaneously owes,
by some positive act, loyalty to two or more states.
In Sec. 5 Article IV of the Constitution on Citizenship,
the concern was not with the dual citizenship per se,
but with naturalized citizens who maintain allegiance to
their countries of origin even after naturalization.
Hence, the phrase “dual citizenship” in R.A. No. 7160,
Section 40(d) and in R.A. No. 7854, Sec.20 must be
understood as referring to “dual allegiance.”
Consequently, persons with mere dual citizenship do
not fall under this disqualification. It should suffice that
upon filing for candidacy, such persons with dual
citizenships have elected their Philippine citizenship to
terminate their dual citizenship.
VALLES v. COMELEC; G.R. No. 137000 (August 9,
2000)
Thus, the fact that the private respondent had
dual citizenship did not automatically disqualify her from
running for a public office. Furthermore, it was ruled
that for candidates with dual citizenship, it is enough
that they elect Philippine citizenship upon the filing of
their certificate of candidacy, to terminate their status as
persons with dual citizenship.
PART VI. THE PHILIPPINE GOVERNMENT:
PRINCIPLES, POLICIES, OFFICIALS AND
SOVEREIGN POWERS
A. PHILIPPINE GOVERNMENT IN GENERAL
BACANI AND MATOTO v. NATIONAL COCONUT
CORPORATION; 100 PHIL 468
NACOCO cannot be considered as government entity
for the simple reason that they do not come under the
classification of municipal or public corporation. While it
was organized with the purpose of “adjusting the
coconut industry to a position independent of trade
preferences in the United States” and of providing
“Facilities for the better curing of copra products and
the proper utilization of coconut by-products”, a function
which our government has chosen to exercise to
promote the coconut industry, however, it was given a
corporate power separate and distinct from our
government, for it was made subject to the provisions of
our Corporation Law in so far as its corporate existence
and the powers that it may exercise are concerned
(sections 2 and 4, Commonwealth Act No. 518). It may
Notes By: Marren E. Juangco
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CONSTITUTIONAL LAW I (REVIEWER)
sue and be sued in the same manner as any other
private corporations, and in this sense it is an entity
different from our government.
SECTION 2 of the ADMINISTRATIVE CODE OF 1987
"Government of the Republic of the Philippines" refers
to the corporate governmental entity through which the
functions of government are exercised throughout the
Philippines, including, save as the contrary appears
from the context, the various arms through which
political authority is made effective in the Philippines,
whether pertaining to the autonomous regions, the
provincial, city, municipal or barangay subdivisions or
other forms of local government.
B. PRINCIPLES
1. Sovereignty of the People and Republicanism
ARTICLE II SECTION 1
The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government
authority emanates from them.
REPUBLICAN GOVERNMENT
A democratic government by representatives chosen by
the people at large
SOVEREIGNTY
Implies the supreme authority to govern
ARTICLE V SECTION 1
Suffrage may be exercised by all citizens of the
Philippines not otherwise disqualified by law, who are at
least eighteen years of age, and who shall have resided
in the Philippines for at least one year and in the place
wherein they propose to vote fo at least six months
immediately preceding the election. No literacy,
property, or other substantive requirement shall be
imposed on the exercise of suffrage.
VILLAVICENCIO v. LUKBAN, et al. 39 Phil 778
(Mach 25, 1919)
Ours is a government of laws and not of men.
If Lukban is within the jurisdiction of the court and has it
in his power to obey the order of the court and thus to
undo the wrong that he has inflicted, he should be
compelled to do so. Even if the party to whom the writ is
addressed has illegally parted with the custody of a
person before the application for the writ is no reason
why the writ should not issue. If the mayor and the chief
of police, acting under no authority of law, could deport
these women from the city of Manila to Davao, the
same officials must necessarily have the same means
to return them from Davao to Manila. Lukban and
Hohmann, within the reach of process, may not be
permitted to restrain a fellow citizen of her liberty by
forcing her to change her domicile and to avow the act
with impunity in the courts, while the person who has
lost her birthright of liberty has no effective recourse.
The great writ of liberty may not thus be easily evaded.
WRIT OF HABEAS CORPUS
A court order that requires a person under arrest to be
brought to court; ensures that a prisoner can be
released from unlawful detention
*No one is above the law.
2. Adherence to International Law
PREAMBLE
We, the sovereign Filipino people, imploring the aid of
Almighty God, in order to build a just and humane
society and establish a Government that shall embody
our ideals and aspirations, promote the common good,
conserve and develop our patrimony, and secure to
ourselves and our posterity the blessings of
independence and democracy under the rule of law and
a regime of truth, justice, freedom, love, equality, and
peace, do ordain and promulgate this Constitution.
A “SOVEREIGN” PEOPLE
The intention is to stress that the Filipino people; in
ordaining and promulgating the Constitution, do so on
their own authority as a sovereign people and not by
virtue of the authority or permission given by a superior
foreign power.
INDEPENDENCE
The word independence in the 1935 text of the
Preamble (which was almost an exact reproduction of
the Preamble of the U.S. Constitution except for same
alterations in phraseology) was changed to
“democracy” in the 1973 Constitution for the reason that
the term denotes the idea of a colonial status (which
was existing at the time of the adoption of the 1935
Constitution), and it is long after 1946 when the
Philippines had become legally independent from the
United States. It is restored to stress our being an
independent nation, “free to build and chart our own
destiny, in our own time and in our own way.”
ARTICLE II SECTION 2
The Philippine 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.
Notes By: Marren E. Juangco
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CONSTITUTIONAL LAW I (REVIEWER)
*The judge can use the international law if there is no
basis in the law of the land.
ARTICLE II SECTION 8.
DOCTRINE OF INCORPORATION
The Philippines, consistent with the national interest,
adopts and pursues a policy of freedom from nuclear
weapons in its territory.
There is an automatic adoption of international law as
part of the law of the Philippines.
*In international law, the subject is the state and not the
citizen itself.
*International law refers to the body of rules and
principles which governs the relations of nations and
their respective peoples in their intercourse with one
another.
*The Constitution gives a treaty the same weight and
value as a statute of Congress.
*In case of a conflict between a treaty and a statute, the
prior act is superseded by the later one in point of time.
*When a treaty is superseded by a subsequent statute
of Congress, the treaty is repealed or abrogated as part
of the law of the land but it still subsists as an
engagement of the Philippines, although it may not be
enforceable by our courts.
*When conflict arises between the Constitution and a
treaty, the former prevails.
ARTICLE II 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.
FOREIGN POLICY
Tthe basic direction underlying the conduct by a State
of its affairs vis-à-vis those of other States. It is a set of
guidelines followed by a government of a country in
order to promote its national interest through the
conduct of its relations with other countries.
INDEPENDENT FOREIGN POLICY
One that is not subordinate or subject to nor dependent
upon the support of another government. An
independent nation rejects foreign dictation and decides
for itself what the national interest is and how it is to be
promoted and protected.
*An independent foreign policy, however, it is not one
that completely rejects advice or assistance from
without.
*It does not, however, prohibit the use of nuclear
energy for medicine, agriculture, and other peaceful or
beneficial purposes.
*If the national interest so dictates, the storing of
nuclear weapons in our territory may be permitted at
least on a transitory basis, considering that it was not
prohibited under the then existing military bases
agreement with the United States whose validity and
term of effectivity until 1991 are implicitly recognized by
the Constitution.
ARTICLE XVIII SECTION 25
After the expiration in 1991 of the Agreement between
the Republic of the Philippines and the United States of
America concerning Military Bases, foreign military
bases, troops, o facilities shall not be allowed in the
Philippines except under a treaty duly concurred in by
the Senate and, when the Congress so requires, ratified
by a majority of the votes cast by the people in a
national referendum held for that purpose, and
recognized as a treaty by the other contracting State.
3. Supremacy of Civilian Authority
ARTICLE II 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.
ARTICLE VII SECTION 18 PARAGRAPH 4
A state of martial law does not suspend the operation of
the Constitution, nor supplant the functioning of the civil
courts or legislative assemblies, nor authorize the
conferment of jurisdiction on military courts and
agencies over civilians where civil courts are able to
function, nor automatically suspend the privilege of the
writ.
THREE (3) DISTINCT EXTRAORDINARY REMEDIES
OR MEASURES WHICH THE PRESIDENT IS
EMPOWERED
TO
UTILIZE
IN
MEETING
EMERGENCY SITUATIONS:
(a) To call out the armed forces to prevent or suppress
lawless violence, meet the threat of invasion, or quell
rebellion
(b) To suspend the privilege of the writ of habeas
corpus
Notes By: Marren E. Juangco
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CONSTITUTIONAL LAW I (REVIEWER)
(c) To declare martial law
*The Constitution has provided another built-in measure
to cope with any crisis o emergency: emergency
powers expressly delegated to the President by
Congress.
*The President is not only a civil official. As
Commander-in-Chief of the Armed Forces, he is also in
a sense a military officer. He is not, however, a member
of the armed forces, and consequently, he is not
subject to court martial o military discipline.
*Martial Law does not suspend the operation of the
Constitution. The declaration does not mean that the
military authorities will take the reign of the government.
Under the Constitution, civilian authority is at all times
supreme over the military. The guarantees of the
people found in the Bill of Rights continue to exist.
Whatever interference there may be with individual
liberties or property rights must be justified, as in the
case of police power, by absolute necessity in the
interest of national security or public welfare.
ARTICLE XVI SECTION 5(2)
The State shall strengthen the patriotic spirit and
nationalist consciousness of the military, and respect
for people’s rights in the performance of their duty.
SECTION 5(4)
No member of the armed forces in the active service
shall, at any time, be appointed or designated in any
capacity to a civilian position in the Government
including
government-owned
or
–controlled
corporations or any of their subsidiaries.
*(2) It is in line with the declaration that the Armed
Forces of the Philippines is the protector of the people
and the State. Its loyalty is to the people, the country
and the Constitution.
*(4) Civilian position coves any position, whether
permanent or temporary, including those in private
entities taken over under whatever arrangement by the
government. The soldier’s job is to fight a war and not
to run a government.
ALIH v. CASTRO, 151 SCRA 279 (June 23, 1987)
In the case the prosecutor which itself controls the
seizing officials, knows that it cannot profit by their
wrong --- it shall remain custudia legis. Every person is
entitled to due process. In acting as they did, they also
defied the precept that, “civilian authority is at all times
supreme over the military.” According to Judge Holmes,
“The prohibition of compelling a man in a criminal court
to be a witness against himself is a prohibition of the
use of physical or moral compulsion to extort for
communications from him, NOT an exclusion of his
body as evidence when it may be material.
4. Government as Protector of the People and
People as Defenders of the State
ARTICLE II 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.
ARTICLE II SECTION 5
The maintenance of peace and order, the protection of
life, liberty, and property, and promotion of the general
welfare are essential for the enjoyment by all the people
of the blessings of democracy.
PEOPLE v. LAGMAN and SOSA, 66 Phil 13 (July 13,
1938)
The duty of the government and the people to defend
the State cannot be performed except through an army.
To leave the organization of an army to the will of the
citizens would be to make this duty excusable should
there be no sufficient men who volunteer to enlist
therein.
CHAVEZ v. ROMULO, G.R. No. 157036 (June 09,
2004)
Examining the historical background of the said
Amendment, it shows that it pertains to the citizens’
“collective right” to take arms in defense of the State,
not to the citizens’ “individual right” to own and possess
arms. It is in connection with the keeping and
maintenance of a militia or an armed citizenry.
6. Separation of Church and State
ARTICLE II SECTION 6
The separation of Church and State shall be inviolable.
*”No law shall be made respecting an establishment of
religion” and that “no public money or property shall
ever be appropriated, applied, paid, or employed,
directly or indirectly, for the use, benefit, or support, of
any sect, church, denomination, sectarian institution or
system of religion.”
ARTICLE III SECTION 5
No law shall be made respecting an establishment of
religion, or prohibiting the free exercise thereof. The
free exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall
Notes By: Marren E. Juangco
8
2014
CONSTITUTIONAL LAW I (REVIEWER)
forever be allowed. No religious test shall be required
for the exercise of civil or political rights.
RELIGION
All forms of belief in the existence of superior beings
exercising power over human beings and imposing
rules of conduct with future state of rewards or
punishment.
ARTICLE IX, C, SECTION 2(5)
The Commission on Elections shall exercise the
following powers and functions: (5) Register, after
sufficient publication, political parties, organizations, or
coalitions which, in addition to other requirements, must
present their platform or program of government; and
accredit citizens' arms of the Commission on Elections.
Religious denominations and sects shall not be
registered. Those which seek to achieve their goals
through violence or unlawful means, or refuse to uphold
and adhere to this Constitution, or which are supported
by any foreign government shall likewise be refused
registration.
Financial contributions from foreign governments and
their agencies to political parties, organizations,
coalitions, or candidates related to elections, constitute
interference in national affairs, and, when accepted,
shall be an additional ground for the cancellation of
their registration with the Commission, in addition to
other penalties that may be prescribed by law.
ARTICLE VI SECTION 5(2)
The party-list representatives shall constitute twenty per
centum of the total number of representatives including
those under the party list. For three consecutive terms
after the ratification of this Constitution, one-half of the
seats allocated to party-list representatives shall be
filled, as provided by law, by selection or election from
the labor, peasant, urban poor, indigenous cultural
communities, women, youth, and such other sectors as
may be provided by law, except the religious sector.
AGLIPAY v. RUIZ, 64 Phil 201 (March 13, 1937)
Act No. 4052 contemplates no religious purpose in
view. What it gives the Director of Posts is the
discretionary power to determine when the issuance of
special postage stamps would be "advantageous to the
Government." Of course, the phrase "advantageous to
the Government" does not authorize the violation of the
Constitution. The stamps were not issue and sold for
the benefit of the Roman Catholic Church. Nor were
money derived from the sale of the stamps given to that
church. There has been no constitutional infraction in
the case at bar, Act No. 4052 grants the Director of
Posts.
GARCES v. ESTENZO, 104 SCRA 510 (May 25, 1981)
Resolution No. 5 of the barangay council of Valenzuela,
Ormoc City, "reviving the traditional socio-religious
celebration" every fifth day of April "of the feast day of
Señor San Vicente Ferrer, the patron saint of
Valenzuela", and providing for: (I) the acquisition of the
image of San Vicente Ferrer; and (2) the construction of
a waiting shed as the barangay's projects, funds for
which would be obtained through the "selling of tickets
and cash donations", does not directly or indirectly
establish any religion, nor abridge religious liberty, nor
appropriate money for the benefit of any sect, priest or
clergyman. The image was purchased with private
funds, not with tax money. The construction of the
waiting shed is entirely a secular matter. The wooden
image was purchased in connection with the
celebration of the barrio fiesta honoring the patron
saint, San Vicente Ferrer, and not for the purpose of
favoring any religion or interfering with religious beliefs
of the barrio residents. One of the highlights of the
fiesta was the mass. Consequently, the image of the
patron saint had to be placed in the church when the
mass was celebrated. If there is nothing
unconstitutional or illegal in holding a fiesta and having
a patron saint for the barrio, then any activity intended
to facilitate the worship of the patron saint (such as the
acquisition and display of his image) cannot be branded
as illegal. As noted in the resolution, the barrio fiesta is
a socio-religious affair. Its celebration is an ingrained
tradition in rural communities. The fiesta relieves the
monotony and drudgery of the lives of the masses.
6. State Immunity from Suit
i. Basis
REPUBLIC v. VILLASOR, 54 SCRA 83 (November
28, 1973)
It is a fundamental postulate of constitutionalism that
the state as well as its government is immune from suit
unless it gives its consent. The basic concept is that
public funds cannot be the object of a garnishment
proceeding even if the consent to be sued had been
previously granted and the state liability adjudged.
A rule which has never been seriously questioned, is
that money in the hands of public officers, although it
may be due government employees, is not liable to the
creditors of these employees in the process of
garnishment. Another reason is that moneys sought to
be garnished, as long as they remain in the hands of
the disbursing officer of the Government, belong to the
latter, although the defendant in garnishment may be
entitled to a specific portion thereof. And still another
reason which covers both of the foregoing is that every
consideration of public policy forbids it.
ii. Foreign Government & Foreign Corporations and
their Operations
Notes By: Marren E. Juangco
9
2014
CONSTITUTIONAL LAW I (REVIEWER)
U.S.A. v. RUIZ, 136 SCRA 487
The restrictive application of State immunity is proper
only when the proceedings arise out of commercial
transactions of the foreign sovereign, its commercial
activities or economic affairs. Stated differently, a State
may be said to have descended to the level of an
individual and can thus be deemed to have tacitly given
its consent to be sued only when it enters into business
contracts. It does not apply where the contract relates
to the exercise of its sovereign functions. In this case
the projects are an integral part of the naval base which
is devoted to the defense of both the United States and
the Philippines, indisputably a function of the
government of the highest order; they are not utilized
for nor dedicated to commercial or business purposes.
M.H. WYLIE v. RARANG, 209 SCRA 357 (May 28,
1992)
The rule that a state may not be sued without its
consent, now expressed in Article XVI, Section 3, of the
1987 Constitution, is one of the generally accepted
principles of international law that we have adopted as
part of the law of our land under Article II, Section 21.
However, immunity from suit cannot institutionalize
irresponsibility and non-accountability nor grant a
privileged status not claimed by any other official of the
Republic. Killing a person in cold blood while on patrol
duty, running over a child while driving with reckless
imprudence on an official trip, or slandering a person
during office hours could not possibly be covered by the
immunity agreement. Our laws and, we presume, those
of the United States do not allow the commission of
crimes in the name of official duty.
Article 2176 of the Civil Code prescribes a civil liability
for damages caused by a person's act or omission
constituting fault or negligence. "Fault" or "negligence"
in this Article covers not only acts "not punishable by
law" but also acts criminal in character, whether
intentional or voluntary or negligent." Moreover, Article
2219(7) of the Civil Code provides that moral damages
may be recovered in case of libel, slander or any other
form of defamation. In effect, the offended party in
these cases is given the right to receive from the guilty
party moral damages for injury to his feelings and
reputation in addition to punitive or exemplary
damages.
Indeed the imputation of theft contained in the POD
dated February 3, 1978 is a defamation against the
character and reputation of the Auring. Wylie himself
admitted that the Office of the Provost Marshal explicitly
recommended the deletion of the name Auring if the
article were published. The petitioners, however, were
negligent because under their direction they issued the
publication without deleting the name "Auring." Such
act or omission is ultra vires and cannot be part of
official duty. It was a tortious act which ridiculed the
private respondent. As a result of the petitioners' act,
the private respondent, according to the record,
suffered besmirched reputation, serious anxiety,
wounded feelings and social humiliation, specially so,
since the article was baseless and false. The
petitioners, alone, in their personal capacities are liable
for the damages they caused the private respondent.
MINUCHER v. C.A, G.R. No. 142396 (February 11,
2003)
Filing a motion to quash, which, in effect already waives
any defect in the service of summons by earlier asking
an extension to file time to file an Answer and filing an
Answer with Counterclaim.
iii. Suits to Enforce Statutory Obligations
ANIMOS v. PHIL. VETERANS AFFAIRS, 174 SCRA
214 (June 22, 1989)
We have recently had occasion to reaffirm the force
and primacy of the doctrine of non-suability. It does not
admit of doubt, then, that if the suit were in fact against
the State, the lower court should have dismissed the
complaint. Nor is it to be doubted that while ostensibly
an action may be against a public official, the defendant
may in reality be the government. As a result, it is
equally well-settled that where a litigation may have
adverse consequences on the public treasury, whether
in the disbursements of funds or loss of property, the
public official proceeded against not being liable in his
personal capacity, then the doctrine of non-suability
may appropriately be invoked. It has no application,
however, where the suit against such a functionary had
to be instituted because of his failure to comply with the
duty imposed by statute appropriating public funds for
the benefit of plaintiff or petitioner.
The Court strongly stresses that Republic Act No. 65,
the veterans' Bill of Rights, was not meant to
compensate alone veterans for the wounds of war. It is,
above all, a gesture of gratitude on the part of the State
and a tribute to their gallantry and selfless love of
country. Though valor cannot be measured in terms of
money, money is the best we can offer for the moment.
And if we cannot do more, let us do no less. This case
should not have indeed reached this Court had not
insensitivity gotten the better of Government
functionaries.
iv. EXCEPTIONS
1. EXPRESS CONSENT
ACT 3083 SECTION 1
Complaint against Government. — Subject to the
provisions of this Act, the Government of the Philippine
Islands hereby consents and submits to be sued upon
any moneyed claim involving liability arising from
contract, expressed or implied, which could serve as a
basis of civil action between private parties.
Notes By: Marren E. Juangco
10
2014
CONSTITUTIONAL LAW I (REVIEWER)
The
doctrine
of
state
immunity
from
suit
is
*Under Commonwealth Act No. 327, 25 as amended by
constitutionally recognized and is germane to the
Section 26 of Presidential Decree No. 1445,26 it is the
concept of sovereignty. As such, the doctrine may be
COA which has primary jurisdiction over money claims
waived by general or special law. Immunity from suit
against government agencies and instrumentalities.
may also be waived by an implied consent to be sued
PNR v. I.A.C, 217 SCRA 401
as when, through its officers and agents, the state
The PNR as a private entity created not to discharge a
enters into a contract in furtherance of a legitimate aim
governmental function but, among other things, to
and purpose.
operate a transport service which is essentially a
7. State Liability for Torts
business concern, and thus barred from invoking
immunity from suits.
2. ENGAGING IN PROPRIETY FUNCTIONS
NATIONAL IRRIGATION ADMINISTRATION v. I.A.C.,
214 SCRA 35 (September 18, 1992)
The NIA "is not immune from suit, by virtue of the
express provision of P.D. No. 552." A reading of
Section 2, sub-paragraph (f) of P.D. No. 552, amending
Republic Act No. 3601 shows the granting to NIA the
power "to exercise all the powers of a corporation under
the Corporation Law, insofar as they are not
inconsistent with the provisions of this Act." Paragraph
4 of said law also provide that petitioner NIA may sue
and be sued in court for all kind of actions, whether
contractual or quasi-contractual, in the recovery of
compensation and damages as in the instant case
considering that private respondents’ action is based on
damages caused by the negligence of petitioners. The
National Irrigation Administration is a government
agency with a juridical personality separate and distinct
from the government. It is not a mere agency of the
government but a corporate body performing
proprietary functions" as it has its own assets and
liabilities as well as its own corporate powers to be
exercised by a Board of Directors.
Paragraph 6, Article 2180 of the Civil Code of the
Philippines states that: "The State is responsible in like
manner when it acts through a special agent; but not
when the damage has been caused by the official to
whom the task done properly pertains, in which case
what is provided in article 2176 shall be applicable."
Article 2176 of said Code provides that: "Whoever by
act or omission causes damage to another, there being
fault or negligence, is obliged to pay for the damage
done. Such fault or negligence, if there is no preexisting contractual relation between the parties, is
called a quasi-delict and is governed by the provisions
of this Charter."
3. GOVERNMENT LOANS AND CONTRACTS
TRADERS ROYAL BANK v. I.A.C., 192 SCRA 305
The court held that the NMPC, in this case, is not
YULO v. CSC, 219 SCRA 470 (March 03, 1993)
It is worth noting that respondent Elasigue terminated
the subject employees as a result of the reorganization
and approval of the new staffing pattern of the
municipality by the Sangguniang Bayan of Calamba.
Otherwise stated, Elasigue in terminating the services
of respondent employees acted in his official capacity in
the performance of his official duty. In the absence of
any proof that a public officer has acted with malice or
bad faith, he cannot be charged with personal liability
for damages that may thereafter result (Mabutol v.
Pascual, 124 SCRA 867 [1983]). Indeed, municipal
officers are liable for damages if they act maliciously or
wantonly, and if the work which they perform is done to
injure an individual rather than to discharge a public
duty (Rama v. Court of Appeals, 148 SCRA 496
[1987]). Such malice or bad faith on the part of a public
officer in the performance of his duties must be shown
persuasively.
C. POLICIES
1. Independent foreign policy and a nuclear – free
Philippines
ARTICLE II 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.
ARTICLE II SECTION 8
The Philippines, consistent with the national interest,
adopts and pursues a policy of freedom from nuclear
weapons in its territory.
ARTICLE XVIII SECTION 4
All existing treaties or international agreements which
have not been ratified shall not be renewed or extended
without the concurrence of at least two-thirds of all the
Members of the Senate.
ARTICLE XVIII SECTION 25
immune from suit.
Notes By: Marren E. Juangco
11
2014
CONSTITUTIONAL LAW I (REVIEWER)
After the expiration in 1991 of the Agreement between
the Republic of the Philippines and the United States of
America concerning military bases, foreign military
bases, troops, or facilities shall not be allowed in the
Philippines except under a treaty duly concurred in by
the Senate and, when the Congress so requires, ratified
by a majority of the votes cast by the people in a
national referendum held for that purpose, and
recognized as a treaty by the other contracting State.
LIM v. EXEC. SEC., G.R. No. 151445 (April 11, 2002)
To resolve this, it is necessary to refer to the VFA itself.
The VFA permits United States personnel to engage,
on an impermanent basis, in “activities,” the exact
meaning of which was left undefined. The sole
encumbrance placed on its definition is couched in the
negative, in that United States personnel must “abstain
from any activity inconsistent with the spirit of this
agreement, and in particular, from any political activity.
The Vienna Convention on the Law of Treaties, Articles
31 and 32 clearly provides that the cardinal rule of
interpretation must involve an examination of the text,
which is presumed to verbalize the parties’ intentions.
The Convention likewise dictates what may be used as
aids to deduce the meaning of terms, which it refers to
as the context of the treaty, as well as other elements
may be taken into account alongside the aforesaid
context.
It appeared farfetched that the ambiguity surrounding
the meaning of the word “activities” arose from
accident. As conceived, the joint exercises may include
training on new techniques of patrol and surveillance to
protect the nation’s marine resources, sea search-andrescue operations to assist vessels in distress, disaster
relief operations, civic action projects such as the
building of school houses, medical and humanitarian
missions, and the like.
Under these auspices, the VFA gives legitimacy to the
current Balikatan exercises. It is only logical to assume
that “Balikatan 02-1,” a “mutual anti-terrorism advising,
assisting and training exercise,” falls under the umbrella
of sanctioned or allowable activities in the context of the
agreement.
2. A just and dynamic social order
ARTICLE II 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.
a. The promotion of social justice
ARTICLE II SECTION 10
The State shall promote social justice in all phases of
national development.
ARTICLE XIII SECTION 1
The Congress shall give highest priority to the
enactment of measures that protect and enhance the
right of all the people to human dignity, reduce social,
economic, and political inequalities, and remove cultural
inequities by equitably diffusing wealth and political
power for the common good.
To this end, the State shall regulate the acquisition,
ownership, use, and disposition of property and its
increments.
ARTICLE XIII SECTION 2
The promotion of social justice shall include the
commitment to create economic opportunities based on
freedom of initiative and self-reliance.
ARTICLE XIII SECTION 13, PARAGRAPH 2
The spouse and relatives by consanguinity or affinity
within the fourth civil degree of the President shall not,
during his tenure, be appointed as Members of the
Constitutional Commissions, or the Office of the
Ombudsman, or as Secretaries, Undersecretaries,
chairmen or heads of bureaus or offices, including
government-owned or controlled corporations and their
subsidiaries.
CALALANG v. WILLIAMS, 70 Phil 726 (December
02, 1940)
The promulgation of the Act aims to promote safe
transit upon and avoid obstructions on national roads in
the interest and convenience of the public. Liberty is a
blessing which should not be made to prevail over
authority because society will fall into anarchy. Social
justice is “neither communism, nor despotism, nor
atomism, nor anarchy,” but the humanization of laws
and the equalization of social and economic forces by
the State so that justice in its rational and objectively
secular conception may at least be approximated.
Social justice means the promotion of the welfare of all
the people, the adoption by the Government of
measures calculated to insure economic stability of all
the competent elements of society, through the
maintenance of a proper economic and social
equilibrium in the interrelations of the members of the
community, constitutionally, through the adoption of
measures legally justifiable, or extra-constitutionally,
through the exercise of powers underlying the existence
of all governments on the time-honored principles of
salus populi est suprema lex.
Notes By: Marren E. Juangco
12
2014
CONSTITUTIONAL LAW I (REVIEWER)
b. Respect for human dignity and human
rights
ARTICLE II SECTION 11
The State values the dignity of every human person
and guarantees full respect for human rights.
ARTICLE II 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.
ARTICLE II SECTION 18
The State affirms labor as a primary social economic
force. It shall protect the rights of workers and promote
their welfare.
ARTICLE II SECTION 19
The State shall develop a self-reliant and independent
national economy effectively controlled by Filipinos.
ARTICLE XVI SECTION 5(2)
The State shall strengthen the patriotic spirit and
nationalist consciousness of the military, and respect
for people's rights in the performance of their duty.
SIMON v. CHR, G.R. No. 100150 (January 05, 1994)
The issuance of an "order to desist" is not within the
extent of authority and power of the CHR. Article XIII,
Section 18(1), provides the power and functions of the
CHR to "investigate, on its own or on complaint by any
part, all forms of human rights violation, involving civil
and political rights".
The "order to desist" however is not investigatory in
character but an adjudicative power that it does not
possess. The Constitutional provision directing the CHR
to provide for preventive measures and legal aid
services to the underprivileged whose human rights
have been violated or need protection may not be
construed to confer jurisdiction on the Commission to
issue an restraining order or writ of injunction, for it
were the intention, the Constitution would have
expressly said so. Not being a court of justice, the CHR
itself has no jurisdiction to issue the writ, for a writ of
preliminary injunction may only be issued by the Judge
in any court in which the action is pending or by a
Justice of the CA or of the SC.
c. Fundamental equality of women and men
ARTICLE II SECTION 14
The State recognizes the role of women in nationbuilding, and shall ensure the fundamental equality
before the law of women and men.
ARTICLE XIII SECTION 14
The State shall protect working women by providing
safe and healthful working conditions, taking into
account their maternal functions, and such facilities and
opportunities that will enhance their welfare and enable
them to realize their full potential in the service of the
nation.
PASEI v. DRILON, 163 SCRA 386
“PASEI has shown no satisfactory reason why the
contested measure should be nullified. There is no
question that Department Order No. 1 applies only to
"female contract workers," but it does not thereby make
an undue discrimination between the sexes. It is wellsettled that "equality before the law" under the
Constitution does not import a perfect Identity of rights
among all men and women. It admits of classifications,
provided that (1) such classifications rest on substantial
distinctions; (2) they are germane to the purposes of
the law; (3) they are not confined to existing conditions;
and (4) they apply equally to all members of the same
class. The Court is satisfied that the classification
made-the preference for female workers — rests on
substantial distinctions.
d. Promotion of health and ecology
ARTICLE II SECTION 15
The State shall protect and promote the right to health
of the people and instill health consciousness among
them.
ARTICLE II 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.
ARTICLE XIII SECTION 11
The State shall adopt an integrated and comprehensive
approach to health development which shall endeavor
to make essential goods, health and other social
services available to all the people at affordable cost.
There shall be priority for the needs of the underprivileged, sick, elderly, disabled, women, and children.
The State shall endeavor to provide free medical care
to paupers.
ARTICLE XIII SECTION 12
The State shall establish and maintain an effective food
and drug regulatory system and undertake appropriate
Notes By: Marren E. Juangco
13
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CONSTITUTIONAL LAW I (REVIEWER)
health, manpower development, and research,
responsive to the country's health needs and problems.
ARTICLE XIII SECTION 13
The State shall establish a special agency for disabled
person for their rehabilitation, self-development, and
self-reliance, and their integration into the mainstream
of society.
e. The priority of education, science, technology,
arts, culture and sports (ESTACS)
(4) The State shall enhance the right of teachers to
professional advancement. Non-teaching academic and
non-academic personnel shall enjoy the protection of
the State.
(5) The State shall assign the highest budgetary priority
to education and ensure that teaching will attract and
retain its rightful share of the best available talents
through adequate remuneration and other means of job
satisfaction and fulfillment.
f. Urban land reform and housing
ARTICLE II SECTION 17
ARTICLE XIII SECTION 9
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.
The State shall, by law, and for the common good,
undertake, in cooperation with the private sector, a
continuing program of urban land reform and housing
which will make available at affordable cost, decent
housing and basic services to under-privileged and
homeless citizens in urban centers and resettlement
areas. It shall also promote adequate employment
opportunities to such citizens. In the implementation of
such program the State shall respect the rights of small
property owners.
ARTICLE XIV SECTION 2.
The State shall:
(1) Establish, maintain, and support a complete,
adequate, and integrated system of education relevant
to the needs of the people and society;
(2) Establish and maintain, a system of free public
education in the elementary and high school levels.
Without limiting the natural rights of parents to rear their
children, elementary education is compulsory for all
children of school age;
(3) Establish and maintain a system of scholarship
grants, student loan programs, subsidies, and other
incentives which shall be available to deserving
students in both public and private schools, especially
to the under-privileged;
ARTICLE XIII SECTION 10
Urban or rural poor dwellers shall not be evicted nor
their dwelling demolished, except in accordance with
law and in a just and humane manner.
No resettlement of urban or rural dwellers shall be
undertaken without adequate consultation with them
and the communities where they are to be relocated.
g. Reform
resources
in
agriculture
(4) Encourage non-formal, informal, and indigenous
learning systems, as well as self-learning, independent,
and out-of-school study programs particularly those that
respond to community needs; and
ARTICLE II SECTION 21
(5) Provide adult citizens, the disabled, and out-ofschool youth with training in civics, vocational
efficiency, and other skills.
ARTICLE XIII SECTION 4
ARTICLE XIV SECTION 5
(1) the State shall take into account regional and
sectoral needs and conditions and shall encourage
local planning in the development of educational
policies and programs.
(2) Academic freedom shall be enjoyed in all institutions
of higher learning.
(3) Every citizen has a right to select a profession or
course of study, subject to fair, reasonable, and
equitable admission and academic requirements.
and
other
natural
The State shall promote comprehensive
development and agrarian reform.
rural
The State shall, by law, undertake an agrarian reform
program founded on the right of farmers and regular
farmworkers who are landless, to own directly or
collectively the lands they till or, in the case of other
farmworkers, to receive a just share of the fruits thereof.
To this end, the State shall encourage and undertake
the just distribution of all agricultural lands, subject to
such priorities and reasonable retention limits as the
Congress may prescribe, taking into account ecological,
developmental, or equity considerations, and subject to
the payment of just compensation. In determining
retention limits, the State shall respect the right of small
landowners. The State shall further provide incentives
for voluntary land-sharing.
Notes By: Marren E. Juangco
14
2014
CONSTITUTIONAL LAW I (REVIEWER)
ARTICLE XIII SECTION 5
The State shall recognize the right of farmers,
farmworkers, and landowners, as well as cooperatives,
and other independent farmers' organizations to
participate in the planning, organization, and
management of the program, and shall provide support
to agriculture through appropriate technology and
research, and adequate financial, production,
marketing, and other support services.
ARTICLE XIII SECTION 6
The State shall apply the principles of agrarian reform
or stewardship, whenever applicable in accordance with
law, in the disposition or utilization of other natural
resources, including lands of the public domain under
lease or concession suitable to agriculture, subject to
prior rights, homestead rights of small settlers, and the
rights of indigenous communities to their ancestral
lands.
The State may resettle landless farmers and
farmworkers in its own agricultural estates which shall
be distributed to them in the manner provided by law.
ARTICLE XIII SECTION 7
The State shall protect the rights of subsistence
fishermen, especially of local communities, to the
preferential use of the communal marine and fishing
resources, both inland and offshore. It shall provide
support to such fishermen through appropriate
technology and research, adequate financial,
production, and marketing assistance, and other
services. The State shall also protect, develop, and
conserve such resources. The protection shall extend
to offshore fishing grounds of subsistence fishermen
against foreign intrusion. Fishworkers shall receive a
just share from their labor in the utilization of marine
and fishing resources.
The State affirms labor as a primary social economic
force. It shall protect the rights of workers and promote
their welfare.
ARTICLE XIII SECTION 3
The State shall afford full protection to labor, local and
overseas, organized and unorganized, and promote
full employment and equality of employment
opportunities for all.
It shall guarantee the rights of all workers to selforganization, collective bargaining and negotiations,
and peaceful concerted activities, including the right to
strike in accordance with law. They shall be entitled to
security of tenure, humane conditions of work, and a
living wage. They shall also participate in policy and
decision-making processes affecting their rights and
benefits as may be provided by law.
The State shall promote the principle of shared
responsibility between workers and employers and the
preferential use of voluntary modes in settling disputes,
including conciliation, and shall enforce their mutual
compliance therewith to foster industrial peace.
The State shall regulate the relations between workers
and employers, recognizing the right of labor to its just
share in the fruits of production and the right of
enterprises to reasonable returns to investments, and to
expansion and growth.
THE RIGHT OF GOVERNMENT WORKERS TO
FORM UNIONS
ARTICLE III SECTION 8
The right of the people, including those employed in the
public and private sectors, to form unions, associations,
or societies for purposes not contrary to law shall not be
abridged.
ARTICLE XIII SECTION 8
ARTICLE IX. B, SECTION 2(5)
The State shall provide incentives to landowners to
invest the proceeds of the agrarian reform program to
promote industrialization, employment creation, and
privatization of public sector enterprises. Financial
instruments used as payment for their lands shall be
honored as equity in enterprises of their choice.
The right to self-organization shall not be denied to
government employees.
h. Protection of Labor
ARTICLE II SECTION 18
SSS EMPLOY. ASSN. v. CA, 175 SCRA 686 (1989)
The Constitutional provisions enshrined on Human
Rights and Social Justice provides guarantee among
workers with the right to organize and conduct peaceful
concerted activities such as strikes. On one hand,
Section 14 of E.O No. 180 provides that “the Civil
Service
Law
and
Rules
governing
concerted activities and strikes in the government
service shall be observed, subject to any legislation
that may be enacted by Congress” referring to
Memorandum Circular No. 6, s. 1987 of the
Civil Service Commission which states that “prior to the
enactment by Congress of applicable laws concerning
Notes By: Marren E. Juangco
15
2014
CONSTITUTIONAL LAW I (REVIEWER)
strike by government employees enjoins under pain of
administrative sanctions, all government officers and
employees from staging strikes, demonstrations, mass
leaves, walk-outs and other forms of mass action which
will result in temporary stoppage or disruption of public
service.” Therefore in the absence of any legislation
allowing govt. employees to strike they are prohibited
from doing so.
i. Independent people’s organization
ARTICLE II SECTION 23
The State shall encourage non-governmental,
community-based, or sectoral organizations that
promote the welfare of the nation.
ARTICLE XIII SECTION 15
The State shall respect the role of independent people's
organizations to enable the people to pursue and
protect, within the democratic framework, their
legitimate and collective interests and aspirations
through peaceful and lawful means.
People's organizations are bona fide associations of
citizens with demonstrated capacity to promote the
public interest and with identifiable leadership,
membership, and structure.
ARTICLE XIII SECTION 16
The right of the people and their organizations to
effective and reasonable participation at all levels of
social, political, and economic decision-making shall not
be abridged. The State shall, by law, facilitate the
establishment of adequate consultation mechanisms.
3. The family as a Basic Autonomous SOCIAL
Institution
ARTICLE II 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.
ARTICLE XV SECTION 1
The State recognizes the Filipino family as the
foundation of the nation. Accordingly, it shall strengthen
its solidarity and actively promote its total development.
ARTICLE XV SECTION 2
Marriage, as an inviolable social institution, is the
foundation of the family and shall be protected by the
State.
ARTICLE XV SECTION 3
The State shall defend:
(1) The right of spouses to found a family in accordance
with their religious convictions and the demands of
responsible parenthood;
(2) The right of children to assistance, including proper
care and nutrition, and special protection from all forms
of neglect, abuse, cruelty, exploitation and other
conditions prejudicial to their development;
(3) The right of the family to a family living wage and
income; and
(4) The right of families or family associations to
participate in the planning and implementation of
policies and programs that affect them.
ARTICLE XV SECTION 4
The family has the duty to care for its elderly members
but the State may also do so through just programs of
social security.
ARTICLE II 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 wellbeing. It shall inculcate in the youth patriotism and
nationalism, and encourage their involvement in public
and civic affairs.
ARTICLE 52, NCC
Marriage is not a mere contract but an inviolable social
institution.
IMBONG & IMBONG ET.AL v. OCHOA, ET.AL. G.R.
No. 204819 April 8, 2014
In its plain and ordinary meaning (a canon in statutory
construction), the traditional meaning of “conception”
according
to reputable
dictionaries
cited
by
the ponente is that life begins at fertilization. Medical
sources also support the view that conception begins at
fertilization.
4. A self-reliant and independent ECONOMIC order
ARTICLE II SECTION 19
The State shall develop a self-reliant and independent
national economy effectively controlled by Filipinos.
ARTICLE II SECTION 20
Notes By: Marren E. Juangco
16
2014
CONSTITUTIONAL LAW I (REVIEWER)
The State recognizes the indispensable role of the
private sector, encourages private enterprise, and
provides incentives to needed investments.
(2) The advertising industry is impressed with public
interest, and shall be regulated by law for the protection
of consumers and the promotion of the general welfare.
ARTICLE XII SECTION 6
Only Filipino citizens or corporations or associations at
least seventy per centum of the capital of which is
owned by such citizens shall be allowed to engage in
the advertising industry.
The use of property bears a social function, and all
economic agents shall contribute to the common good.
Individuals and private groups, including corporations,
cooperatives, and similar collective organizations, shall
have the right to own, establish, and operate economic
enterprises, subject to the duty of the State to promote
distributive justice and to intervene when the common
good so demands.
TANADA v. ANGARA, 272 SCRA 18
The Senate, after deliberation and voting, gave its
consent to the WTO Agreement thereby making it “a
part of the law of the land”. The Supreme Court gave
due respect to an equal department in government. It
presumes its actions as regular and done in good faith
unless there is convincing proof and persuasive
agreements to the contrary. As a result, the ratification
of the WTO Agreement limits or restricts the
absoluteness of sovereignty. A treaty engagement is
not a mere obligation but creates a legally binding
obligation on the parties. A state which has contracted
valid international obligations is bound to make its
legislations such modifications as may be necessary to
ensure the fulfillment of the obligations undertaken.
The participation of foreign investors in the governing
body of entities in such industry shall be limited to their
proportionate share in the capital thereof, and all the
executive and managing officers of such entities must
be citizens of the Philippines.
ARTICLE XVIII SECTION 23
Advertising entities affected by paragraph (2), Section
11 of Article XV1 of this Constitution shall have five
years from its ratification to comply on a graduated and
proportionate basis with the minimum Filipino
ownership requirement therein.
6. Autonomy of local governments
ARTICLE II SECTION 25
The State shall ensure the autonomy of
governments.
local
7. Recognition of the rights of indigenous cultural
communities
5. Communication and information in nationbuilding
ARTICLE II SECTION 22
ARTICLE II SECTION 24
The State recognizes and promotes the rights of
indigenous cultural communities within the framework
of national unity and development.
The State recognizes the vital role of communication
and information in nation-building.
ARTICLE XVI SECTION 10
The State shall provide the policy environment for the
full development of Filipino capability and the
emergence of communication structures suitable to the
needs and aspirations of the nation and the balanced
flow of information into, out of, and across the country,
in accordance with a policy that respects the freedom of
speech and of the press.
ARTICLE XVI SECTION 11
(1) The ownership and management of mass media
shall be limited to citizens of the Philippines, or to
corporations, cooperatives or associations, whollyowned and managed by such citizens.
The Congress shall regulate or prohibit monopolies in
commercial mass media when the public interest so
requires. No combinations in restraint of trade or unfair
competition therein shall be allowed.
ARTICLE VI SECTION 5(2)
The party-list representatives shall constitute twenty per
centum of the total number of representatives including
those under the party list. For three consecutive terms
after the ratification of this Constitution, one-half of the
seats allocated to party-list representatives shall be
filled, as provided by law, by selection or election from
the labor, peasant, urban poor, indigenous cultural
communities, women, youth, and such other sectors as
may be provided by law, except the religious sector.
ARTICLE XII SECTION 5
The State, subject to the provisions of this Constitution
and national development policies and programs, shall
protect the rights of indigenous cultural communities to
their ancestral lands to ensure their economic, social,
and cultural well-being.
The Congress may provide for the applicability of
customary laws governing property rights or relations in
Notes By: Marren E. Juangco
17
2014
CONSTITUTIONAL LAW I (REVIEWER)
determining the ownership and extent of ancestral
domain.
ARTICLE XIII SECTION 6
The State shall apply the principles of agrarian reform
or stewardship, whenever applicable in accordance with
law, in the disposition or utilization of other natural
resources, including lands of the public domain under
lease or concession suitable to agriculture, subject to
prior rights, homestead rights of small settlers, and the
rights of indigenous communities to their ancestral
lands.
The State may resettle landless farmers and
farmworkers in its own agricultural estates which shall
be distributed to them in the manner provided by law.
ARTICLE XIV SECTION 17
The State shall recognize, respect, and protect the
rights of indigenous cultural communities to preserve
and develop their cultures, traditions, and institutions. It
shall consider these rights in the formulation of national
plans and policies.
ARTICLE XVI SECTION 12
The Congress may create a consultative body to advise
the President on policies affecting indigenous cultural
communities, the majority of the members of which
shall come from such communities.
8. Equal Access of Opportunities for Public Service
ARTICLE II SECTION 26
The State shall guarantee equal access to opportunities
for public service and prohibit political dynasties as may
be defined by law.
PAMATONG v. COMELEC; G.R. No. 161872 (April
13, 2004)
The rationale behind the prohibition against nuisance
candidates and the disqualification of candidates who
have not evinced a bona fide intention to run for office
is easy to divine. The State has a compelling interest to
ensure that its electoral exercises are rational,
objective, and orderly. Towards this end, the State
takes into account the practical considerations in
conducting elections. Inevitably, the greater the number
of candidates, the greater the opportunities for logistical
confusion, not to mention the increased allocation of
time and resources in preparation for the election.
9. Honest Public Service and Full Public Disclosure
ARTICLE II, SECTION 27
The State shall maintain honesty and integrity in the
public service and take positive and effective measures
against graft and corruption.
ARTICLE XI, SECTION 4
The present anti-graft court known as the
Sandiganbayan shall continue to function and exercise
its jurisdiction as now or hereafter may be provided by
law.
ARTICLE XI, SECTION 5
There is hereby created the independent Office of the
Ombudsman, composed of the Ombudsman to be
known as Tanodbayan, one overall Deputy and at least
one Deputy each for Luzon, Visayas, and Mindanao. A
separate Deputy for the military establishment may
likewise be appointed.
ARTICLE XI, SECTION 6
The officials and employees of the Office of the
Ombudsman, other than the Deputies, shall be
appointed by the Ombudsman, according to the Civil
Service Law.
ARTICLE XI, SECTION 7
The existing Tanodbayan shall hereafter be known as
the Office of the Special Prosecutor. It shall continue to
function and exercise its powers as now or hereafter
may be provided by law, except those conferred on the
Office of the Ombudsman created under this
Constitution
ARTICLE XI, SECTION 8
The Ombudsman and his Deputies shall be naturalborn citizens of the Philippines, and at the time of their
appointment, at least forty years old, of recognized
probity and independence, and members of the
Philippine Bar, and must not have been candidates for
any elective office in the immediately preceding
election. The Ombudsman must have, for ten years or
more, been a judge or engaged in the practice of law in
the Philippines.
During their tenure, they shall be subject to the same
disqualifications and prohibitions as provided for in
Section 2 of Article 1X-A of this Constitution.
ARTICLE XI, SECTION 9
The Ombudsman and his Deputies shall be appointed
by the President from a list of at least six nominees
prepared by the Judicial and Bar Council, and from a
list of three nominees for every vacancy thereafter.
Such appointments shall require no confirmation. All
vacancies shall be filled within three months after they
occur.
Notes By: Marren E. Juangco
18
2014
CONSTITUTIONAL LAW I (REVIEWER)
ARTICLE XI, SECTION 10
The Ombudsman and his Deputies shall have the rank
of Chairman and Members, respectively, of the
Constitutional Commissions, and they shall receive the
same salary which shall not be decreased during their
term of office.
ARTICLE XI, SECTION 11
The Ombudsman and his Deputies shall serve for a
term of seven years without reappointment. They shall
not be qualified to run for any office in the election
immediately succeeding their cessation from office.
ARTICLE XI, SECTION 12
The Ombudsman and his Deputies, as protectors of the
people, shall act promptly on complaints filed in any
form or manner against public officials or employees of
the Government, or any subdivision, agency or
instrumentality thereof, including government-owned or
controlled corporations, and shall, in appropriate cases,
notify the complainants of the action taken and the
result thereof.
ARTICLE XI, SECTION 13
The Office of the Ombudsman shall have the following
powers, functions, and duties:
(1) Investigate on its own, or on complaint by any
person, any act or omission of any public official,
employee, office or agency, when such act or omission
appears to be illegal, unjust, improper, or inefficient.
(2) Direct, upon complaint or at its own instance, any
public official or employee of the Government, or any
subdivision, agency or instrumentality thereof, as well
as of any government-owned or controlled corporation
with original charter, to perform and expedite any act or
duty required by law, or to stop, prevent, and correct
any abuse or impropriety in the performance of duties.
(3) Direct the officer concerned to take appropriate
action against a public official or employee at fault, and
recommend his removal, suspension, demotion, fine,
censure, or prosecution, and 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, and report any irregularity to the
Commission on Audit for appropriate action.
(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.
ARTICLE XI, SECTION 14
The Office of the Ombudsman shall enjoy fiscal
autonomy. Its approved annual appropriations shall be
automatically and regularly released.
ARTICLE XI, SECTION 15
The right of the State to recover properties unlawfully
acquired by public officials or employees, from them or
from their nominees or transferees, shall not be barred
by prescription, laches, or estoppel.
ARTICLE II, 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.
ARTICLE XI, SECTION 17
A public officer or employee shall, upon assumption of
office and as often thereafter as may be required by
law, submit a declaration under oath of his assets,
liabilities, and net worth. In the case of the President,
the Vice-President, the Members of the Cabinet, the
Congress, the Supreme Court, the Constitutional
Commissions and other constitutional offices, and
officers of the armed forces with general or flag rank,
the declaration shall be disclosed to the public in the
manner provided by law.
ARTICLE VII, SECTION 12
In case of serious illness of the President, the public
shall be informed of the state of his health. The
members of the Cabinet in charge of national security
and foreign relations and the Chief of Staff of the Armed
Forces of the Philippines, shall not be denied access to
the President during such illness.
ARTICLE VII, SECTION 20
The President may contract or guarantee foreign loans
on behalf of the Republic of the Philippines with the
prior concurrence of the Monetary Board, and subject to
Notes By: Marren E. Juangco
19
2014
CONSTITUTIONAL LAW I (REVIEWER)
such limitations as may be provided by law. The
Monetary Board shall, within thirty days from the end of
every quarter of the calendar year, submit to the
Congress a complete report of its decision on
applications for loans to be contracted or guaranteed by
the Government or government-owned and controlled
corporations which would have the effect of increasing
the foreign debt, and containing other matters as may
be provided by law.
ARTICLE XII, SECTION 21
Foreign loans may only be incurred in accordance with
law and the regulation of the monetary authority.
Information on foreign loans obtained or guaranteed by
the Government shall be made available to the public.
ARTICLE XII, SECTION 2, PAR. 5
The President shall notify the Congress of every
contract entered into in accordance with this provision,
within thirty days from its execution.
ARTICLE VI, SECTION 12
All Members of the Senate and the House of
Representatives shall, upon assumption of office, make
a full disclosure of their financial and business interests.
They shall notify the House concerned of a potential
conflict of interest that may arise from the filing of a
proposed legislation of which they are authors.
ARTICLE VI, SECTION 20
The records and books of accounts of the Congress
shall be preserved and be open to the public in
accordance with law, and such books shall be audited
by the Commission on Audit which shall publish
annually an itemized list of amounts paid to and
expenses incurred for each Member.
records, and to documents and papers pertaining to
official acts, transactions, or decisions, as well as to
government research data used as basis for policy
development, shall be afforded the citizen, subject to
such limitations as may be provided by law.
LEGASPI v. CIVIL SERVICE COMMISSION; 150
SCRA 530
The court delves into determining whether the
information sought for by the petitioner is of public
interest.
All appointments in the
Civil
Service
Commission are made according to merit and fitness
while a public office is a public trust. Public employees
therefore are accountable to the people even as to their
eligibilities to their positions in the government. The
court also noted that the information on the result of the
CSC eligibility examination is released to the public
therefore the request of petitioner is one that is not
unusual or unreasonable. The public, through any
citizen, has the right to verify the civil eligibilities of any
person occupying government positions.
PART VII. DISTRIBUTION AND SEPARATION
OF POWERS
A.
PURPOSE
AND
PRINCIPLE
OF
SEPARATION OF POWERS
*The purpose of the separation of powers is to avoid
concentration of one department in an issue.
Concentration in one issue may lead to tyranny.
*The principle of separation of powers is to have the
three branches of Government to exercise its own
functions.
B.
INTERDEPENDENCE,
BLENDING
OF
POWERS and CHECKS AND BALANCES
ARTICLE IX, D, SECTION 4
The Commission shall submit to the President and the
Congress, within the time fixed by law, an annual report
covering the financial condition and operation of the
Government,
its
subdivisions,
agencies,
and
instrumentalities, including government-owned or
controlled corporations, and non-governmental entities
subject to its audit, and recommend measures
necessary to improve their effectiveness and efficiency.
It shall submit such other reports as may be required by
law.
ARTICLE III, SECTION 7
The right of the people to information on matters of
public concern shall be recognized. Access to official
*The Judiciary can only exercise its power if there is a
petition filed.
KILOSBAYAN INC. v. GUINGONA; 232 SCRA 110
Section 1 of R.A. No. 1169, as amended by B.P. Blg.
42, prohibits the PCSO from holding and conducting
lotteries “in collaboration, association or joint venture
with any person, association, company or entity,
whether domestic or foreign.” There is undoubtedly a
collaboration between PCSO and PGMC and not
merely a contract of lease. The relations between
PCSO and PGMC cannot be defined simply by the
designation they used, i.e., a contract of lease.
Pursuant to the wordings of their agreement, PGMC at
its own expense shall build, operate, and manage the
network system including its facilities needed to operate
a nationwide online lottery system. PCSO bears no risk
and all it does is to provide its franchise – in violation of
Notes By: Marren E. Juangco
20
2014
CONSTITUTIONAL LAW I (REVIEWER)
its charter. Necessarily, the use of such franchise by
PGMC is a violation of Act No. 3846.
inhibition, or when there has been an arbitrary exercise
of the legislative discretion.
DEMETRIA v. ALBA; 148 SCRA 208 (1987)
ALEJANDRINO v. QUEZON; 46 PHIL 83
The Constitution provides that no law shall be passed
authorizing any transfer of appropriations, however, the
President, the Prime Minister, the Speaker, the Chief
Justice of the Supreme Court, and the heads of
constitutional commissions may by law be authorized to
augment any item in the general appropriations law for
their respective offices from savings in other items of
their respective appropriations.
Neither the Philippine Legislature nor a branch thereof
can be directly controlled in the exercise of their
legislative powers by any judicial process. The Court
accordingly lacks jurisdiction to consider the petition
and the demurrer must be sustained.
However, paragraph 1 of Section 44 of PD 1177 unduly
overextends the privilege granted under the
Constitution. It
empowers the President
to
indiscriminately transfer funds from one department,
bureau, office or agency of the Executive Department to
any program, project or activity of any department,
bureau or office included in the General Appropriations
Act or approved after its enactment, without regard as
to whether or not the funds to be transferred are
actually savings in the item from which the same are to
be taken, or whether or not the transfer is for the
purpose of augmenting the item to which said transfer
is to be made. It does not only completely disregard the
standards set in the fundamental law, thereby
amounting to an undue delegation of legislative powers,
but likewise goes beyond the tenor thereof. Indeed,
such constitutional infirmities render the provision in
question null and void.
C.
JUSTICIABLE
AND
POLITICAL
QUESTIONS
JUSTICIABLE QUESTION
A question of legality
POLITICAL QUESTION
It is pertaining to the wisdom wherein the Judiciary has
no power to intervene.
*To determine if the Court has jurisdiction over the
case, it is important to examine the nature of the issue.
ARNAULT v. BALAGTAS; 97 PHIL 358 (1955)
This Court has no right or power or authority to do,
much in the same manner that the legislative
department may not invade the judicial realm in the
ascertainment of truth and in the application and
interpretation of the law, in what is known as the judicial
process, because that would be in direct conflict with
the fundamental principle of separation of powers
established by the Constitution. The only instances
when judicial intervention may lawfully be invoke are
when there has been a violation of a constitutional
ARTICLE VIII, SECTION 1
The judicial power shall be vested in one Supreme
Court and in such lower courts as may be established
by law.
Judicial power includes the duty of the courts of justice
to settle actual controversies involving rights which are
legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of the
Government.
*The second paragraph of the provision limits the issue
regarding political question. It evinces that political
question is limited only to wisdom.
ARTICLE VII, SECTION 18
The President shall be the Commander-in-Chief of all
armed forces of the Philippines and whenever it
becomes necessary, he may call out such armed forces
to prevent or suppress lawless violence, invasion or
rebellion. In case of invasion or rebellion, when the
public safety requires it, he may, for a period not
exceeding sixty days, suspend the privilege of the writ
of habeas corpus or place the Philippines or any part
thereof under martial law. Within forty-eight hours from
the proclamation of martial law or the suspension of the
privilege of the writ of habeas corpus, the President
shall submit a report in person or in writing to the
Congress. The Congress, voting jointly, by a vote of at
least a majority of all its Members in regular or special
session, may revoke such proclamation or suspension,
which revocation shall not be set aside by the
President. Upon the initiative of the President, the
Congress may, in the same manner, extend such
proclamation or suspension for a period to be
determined by the Congress, if the invasion or rebellion
shall persist and public safety requires it.
The Congress, if not in session, shall, within twenty-four
hours following such proclamation or suspension,
convene in accordance with its rules without need of a
call.
The Supreme Court may review, in an appropriate
proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or the
Notes By: Marren E. Juangco
21
2014
CONSTITUTIONAL LAW I (REVIEWER)
suspension of the privilege of the writ of habeas
corpus or the extension thereof, and must promulgate
its decision thereon within thirty days from its filing.
A state of martial law does not suspend the operation of
the Constitution, nor supplant the functioning of the civil
courts or legislative assemblies, nor authorize the
conferment of jurisdiction on military courts and
agencies over civilians where civil courts are able to
function, nor automatically suspend the privilege of the
writ of habeas corpus.
The suspension of the privilege of the writ of habeas
corpus shall apply only to persons judicially charged for
rebellion or offenses inherent in, or directly connected
with, invasion.
During the suspension of the privilege of the writ
of habeas corpus, any person thus arrested or detained
shall be judicially charged within three days, otherwise
he shall be released.
PART VIII. THE STRUCTURE AND POWERS
OF THE NATIONAL GOVERNMENT
A. CONGRESS
1. Composition, Qualifications and Term of Office
a. Senate
ARTICLE VI, SECTION 2
The Senate shall be composed of twenty-four Senators
who shall be elected at large by the qualified voters of
the Philippines, as may be provided by law.
ARTICLE VI, SECTION 3
No person shall be a Senator unless he is a naturalborn citizen of the Philippines and, on the day of the
election, is at least thirty-five years of age, able to read
and write, a registered voter, and a resident of the
Philippines for not less than two years immediately
preceding the day of the election.
ARTICLE VI, SECTION 4
The term of office of the Senators shall be six years and
shall commence, unless otherwise provided by law, at
noon on the thirtieth day of June next following their
election. No Senator shall serve for more than two
consecutive terms. Voluntary renunciation of the office
for any length of time shall not be considered as an
interruption in the continuity of his service for the full
term of which he was elected.
WHY SENATORS
LARGE?
SHOULD
BE
a. They see Senate as the training ground for
Presidency
b. To attain balance
B. HOUSE OF REPRESENTATIVES
ARTICLE VI, SECTION 5
(1) The House of Representatives shall be composed of
not more than two hundred and fifty members, unless
otherwise fixed by law, who shall be elected from
legislative districts apportioned among the provinces,
cities, and the Metropolitan Manila area in accordance
with the number of their respective inhabitants, and on
the basis of a uniform and progressive ratio, and those
who, as provided by law, shall be elected through a
party-list system of registered national, regional, and
sectoral parties or organizations.
(2) The party-list representatives shall constitute
twenty per
centum of
the
total
number
of
representatives including those under the party list. For
three consecutive terms after the ratification of this
Constitution, one-half of the seats allocated to party-list
representatives shall be filled, as provided by law, by
selection or election from the labor, peasant, urban
poor, indigenous cultural communities, women, youth,
and such other sectors as may be provided by law,
except the religious sector.
(3) Each legislative district shall comprise, as far as
practicable, contiguous, compact, and adjacent
territory. Each city with a population of at least two
hundred fifty thousand, or each province, shall have at
least one representative.
(4) Within three years following the return of every
census, the Congress shall make a reapportionment of
legislative districts based on the standards provided in
this section.
*Even if the party – list already acquired a guaranteed
seat, they are still capable of acquiring the additional
seats. There are three additional seats per party – list.
*PARAGRAPH 3 “WITH A POPULATION OF AT
LEAST TWO HUNDRED FIFTY THOUSAND”
It is the population that counts, not the no. of registered
voter
*Party – list may be elected in a regular election.
*It is the party – list nominee who is prohibited from
running after three consecutive terms, not the party –
list itself.
ELECTED-ATARTICLE VI, SECTION 6
Notes By: Marren E. Juangco
22
2014
CONSTITUTIONAL LAW I (REVIEWER)
No person shall be a Member of the House of
Representatives unless he is a natural-born citizen of
the Philippines and, on the day of the election, is at
least twenty-five years of age, able to read and write,
and, except the party-list representatives, a registered
voter in the district in which he shall be elected, and a
resident thereof for a period of not less than one year
immediately preceding the day of the election.
ARTICLE VI, SECTION 7
The Members of the House of Representatives shall be
elected for a term of three years which shall begin,
unless otherwise provided by law, at noon on the
thirtieth day of June next following their election. No
Member of the House of Representatives shall serve for
more than three consecutive terms. Voluntary
renunciation of the office for any length of time shall not
be considered as an interruption in the continuity of his
service for the full term for which he was elected.
ARTICLE VI, SECTION 8
Unless otherwise provided by law, the regular election
of the Senators and the Members of the House of
Representatives shall be held on the second Monday of
May.
REPUBLIC ACT NO. 7941 or THE PARTY-LIST
SYSTEM ACT
Section 1. Title. This Act shall be known as the "PartyList System Act."
Section 2. Declaration of party. The State shall
promote proportional representation in the election of
representatives to the House of Representatives
through a party-list system of registered national,
regional and sectoral parties or organizations or
coalitions thereof, which will enable Filipino citizens
belonging to marginalized and under-represented
sectors, organizations and parties, and who lack welldefined political constituencies but who could contribute
to the formulation and enactment of appropriate
legislation that will benefit the nation as a whole, to
become members of the House of Representatives.
Towards this end, the State shall develop and
guarantee a full, free and open party system in order to
attain the broadcast possible representation of party,
sectoral or group interests in the House of
Representatives by enhancing their chances to
compete for and win seats in the legislature, and shall
provide the simplest scheme possible.
Section 3. Definition of Terms. (a) The party-list system
is a mechanism of proportional representation in the
election of representatives to the House of
Representatives from national, regional and sectoral
parties or organizations or coalitions thereof registered
with the Commission on Elections (COMELEC).
Component parties or organizations of a coalition may
participate independently provided the coalition of
which they form part does not participate in the partylist system.
(b) A party means either a political party or a sectoral
party or a coalition of parties.
(c) A political party refers to an organized group of
citizens advocating an ideology or platform, principles
and policies for the general conduct of government and
which, as the most immediate means of securing their
adoption, regularly nominates and supports certain of
its leaders and members as candidates for public office.
It is a national party when its constituency is spread
over the geographical territory of at least a majority of
the regions. It is a regional party when its constituency
is spread over the geographical territory of at least a
majority of the cities and provinces comprising the
region.
(d) A sectoral party refers to an organized group of
citizens belonging to any of the sectors enumerated in
Section 5 hereof whose principal advocacy pertains to
the special interest and concerns of their sector,
(e) A sectoral organization refers to a group of citizens
or a coalition of groups of citizens who share similar
physical attributes or characteristics, employment,
interests or concerns.
(f) A coalition refers to an aggrupation of duly registered
national, regional, sectoral parties or organizations for
political and/or election purposes.
Section 4. Manifestation to Participate in the Party-List
System. Any party, organization, or coalition already
registered with the Commission need not register anew.
However, such party, organization, or coalition shall file
with the Commission, not later than ninety (90) days
before the election, a manifestation of its desire to
participate in the party-list system.
Section 5. Registration. Any organized group of
persons may register as a party, organization or
coalition for purposes of the party-list system by filing
with the COMELEC not later than ninety (90) days
before the election a petition verified by its president or
secretary stating its desire to participate in the party-list
system as a national, regional or sectoral party or
organization or a coalition of such parties or
organizations, attaching thereto its constitution, bylaws, platform or program of government, list of officers,
coalition agreement and other relevant information as
the COMELEC may require: Provided, That the sectors
shall include labor, peasant, fisherfolk, urban poor,
indigenous cultural communities, elderly, handicapped,
women, youth, veterans, overseas workers, and
professionals.
The COMELEC shall publish the petition in at least two
(2) national newspapers of general circulation.
The COMELEC shall, after due notice and hearing,
resolve the petition within fifteen (15) days from the
date it was submitted for decision but in no case not
later than sixty (60) days before election.
Notes By: Marren E. Juangco
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CONSTITUTIONAL LAW I (REVIEWER)
Section
6. Refusal
and/or
Cancellation
of
Registration. The COMELEC may, motu propio or upon
verified complaint of any interested party, refuse or
cancel, after due notice and hearing, the registration of
any national, regional or sectoral party, organization or
coalition on any of the following grounds:
(1) It is a religious sect or denomination, organization or
association, organized for religious purposes;
(2) It advocates violence or unlawful means to seek its
goal;
(3) It is a foreign party or organization;
(4) It is receiving support from any foreign government,
foreign political party, foundation, organization, whether
directly or through any of its officers or members or
indirectly through third parties for partisan election
purposes;
(5) It violates or fails to comply with laws, rules or
regulations relating to elections;
(6) It declares untruthful statements in its petition;
(7) It has ceased to exist for at least one (1) year; or
(8) It fails to participate in the last two (2) preceding
elections or fails to obtain at least two per centum (2%)
of the votes cast under the party-list system in the two
(2) preceding elections for the constituency in which it
has registered.
Section 7. Certified List of Registered Parties. The
COMELEC shall, not later than sixty (60) days before
election, prepare a certified list of national, regional, or
sectoral parties, organizations or coalitions which have
applied or who have manifested their desire to
participate under the party-list system and distribute
copies thereof to all precincts for posting in the polling
places on election day. The names of the part y-list
nominees shall not be shown on the certified list.
Section 8. Nomination of Party-List Representatives.
Each registered party, organization or coalition shall
submit to the COMELEC not later than forty-five (45)
days before the election a list of names, not less than
five (5), from which party-list representatives shall be
chosen in case it obtains the required number of votes.
A person may be nominated in one (1) list only. Only
persons who have given their consent in writing may be
named in the list. The list shall not include any
candidate for any elective office or a person who has
lost his bid for an elective office in the immediately
preceding election. No change of names or alteration of
the order of nominees shall be allowed after the same
shall have been submitted to the COMELEC except in
cases where the nominee dies, or withdraws in writing
his nomination, becomes incapacitated in which case
the name of the substitute nominee shall be placed last
in the list. Incumbent sectoral representatives in the
House of Representatives who are nominated in the
party-list system shall not be considered resigned.
Section 9. Qualifications of Party-List Nominees. No
person shall be nominated as party-list representative
unless he is a natural-born citizen of the Philippines, a
registered voter, a resident of the Philippines for a
period of not less than one (1)year immediately
preceding the day of the election, able to read and
write, a bona fide member of the party or organization
which he seeks to represent for at least ninety (90)
days preceding the day of the election, and is at least
twenty-five (25) years of age on the day of the election.
In case of a nominee of the youth sector, he must at
least be twenty-five (25) but not more than thirty (30)
years of age on the day of the election. Any youth
sectoral representative who attains the age of thirty (30)
during his term shall be allowed to continue in office
until the expiration of his term.
Section 10. Manner of Voting. Every voter shall be
entitled to two (2) votes: the first is a vote for candidate
for member of the House of Representatives in his
legislative district, and the second, a vote for the party,
organizations, or coalition he wants represented in the
house of Representatives: Provided, That a vote cast
for a party, sectoral organization, or coalition not
entitled to be voted for shall not be counted: Provided,
finally, That the first election under the party-list system
shall be held in May 1998.
The COMELEC shall undertake the necessary
information campaign for purposes of educating the
electorate on the matter of the party-list system.
Section 11. Number of Party-List Representatives. The
party-list representatives shall constitute twenty per
centum (20%) of the total number of the members of
the House of Representatives including those under the
party-list.
For purposes of the May 1998 elections, the first five (5)
major political parties on the basis of party
representation in the House of Representatives at the
start of the Tenth Congress of the Philippines shall not
be entitled to participate in the party-list system.
In determining the allocation of seats for the second
vote, the following procedure shall be observed:
(a) The parties, organizations, and coalitions shall be
ranked from the highest to the lowest based on the
number of votes they garnered during the elections.
(b) The parties, organizations, and coalitions receiving
at least two percent (2%) of the total votes cast for the
party-list system shall be entitled to one seat each:
Provided, That those garnering more than two percent
(2%) of the votes shall be entitled to additional seats in
proportion to their total number of votes : Provided,
finally, That each party, organization, or coalition shall
be entitled to not more than three (3) seats.
Section 12. Procedure in Allocating Seats for Party-List
Representatives. The COMELEC shall tally all the votes
Notes By: Marren E. Juangco
24
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CONSTITUTIONAL LAW I (REVIEWER)
for the parties, organizations, or coalitions on a
nationwide basis, rank them according to the number of
votes received and allocate party-list representatives
proportionately according to the percentage of votes
obtained by each party, organization, or coalition as
against the total nationwide votes cast for the party-list
system.
Section 13. How Party-List Representatives are
Chosen. Party-list representatives shall be proclaimed
by the COMELEC based on the list of names submitted
by the respective parties, organizations, or coalitions to
the COMELEC according to their ranking in said list.
Section 14. Term of Office. Party-list representatives
shall be elected for a term of three (3) years which shall
begin, unless otherwise provided by law, at noon on the
thirtieth day of June next following their election. No
party-list representatives shall serve for more than three
(3) consecutive terms. Voluntary renunciation of the
office for any length of time shall not be considered as
an interruption in the continuity his service for the full
term for which he was elected.
Section 15. Change of Affiliation; Effect. Any elected
party-list representative who changes his political party
or sectoral affiliation during his term of office shall forfeit
his seat: Provided, That if he changes his political party
or sectoral affiliation within six (6) months before an
election, he shall not be eligible for nomination as partylist representative under his new party or organization.
Section 16. Vacancy. In case of vacancy in the seats
reserved for party-list representatives, the vacancy shall
be automatically filled by the next representative from
the list of nominees in the order submitted to the
COMELEC by the same party, organization, or
coalition, who shall serve for the unexpired term. If the
list is exhausted, the party, organization coalition
concerned shall submit additional nominees.
Section 17. Rights of Party-List Representatives. PartyList Representatives shall be entitled to the same
salaries and emoluments as regular members of the
House of Representatives.
Section 18. Rules and Regulations. The COMELEC
shall promulgate the necessary rules and regulations as
may be necessary to carry out the purposes of this Act.
Section 19. Appropriations. The amount necessary for
the implementation of this Act shall be provided in the
regular appropriations for the Commission on Elections
starting fiscal year 1996 under the General
Appropriations Act.
Starting 1995, the COMELEC is hereby authorized to
utilize savings and other available funds for purposes of
its information campaign on the party-list system.
Section 20. Separability Clause. If any part of this Act
is held invalid or unconstitutional, the other parts or
provisions thereof shall remain valid and effective.
Section 21. Repealing Clause. All laws, decrees,
executive orders, rules and regulations, or parts
thereof, inconsistent with the provisions of this Act are
hereby repealed.
Section 22. Effectivity. This Act shall take effect fifteen
(15) days after its publication in a newspaper of general
circulation.
BARANGAY ASSOCIATION FOR NATIONAL
ADVANCEMENT AND TRANSPARENCY (BANAT) v.
COMELEC; G.R. Nos. 179271 & 179295 (April 21,
2009 & August 7, 2009)
The 80-20 rule is observed in the following manner: for
every 5 seats allotted for legislative districts, there shall
be one seat allotted for a party-list representative.
Originally, the 1987 Constitution provides that there
shall be not more than 250 members of the lower
house. Using the 80-20 rule, 200 of that will be from
legislative districts, and 50 would be from party-list
representatives. However, the Constitution also allowed
Congress to fix the number of the membership of the
lower house as in fact, it can create additional
legislative districts as it may deem appropriate. As can
be seen in the May 2007 elections, there were 220
district representatives, hence applying the 80-20 rule
or the 5:1 ratio, there should be 55 seats allotted for
party-list representatives.
SJS v. DANGEROUS DRUGS BOARD; G.R. No.
157870 (November 3, 2008)
The Congress cannot enact a law prescribing
qualifications for candidates for senator in addition to
those laid down by the Constitution.
ATONG PAGLAUM INC. v. COMELEC; G.R. No.
203766 (April 2, 2013)
A majority of the members of sectoral parties or
organizations that represent the “marginalized an
underrepresented” must belong to the “marginalized
and underrepresented” sector they represent. Similarly,
a majority of the members of sectoral parties or
organizations
that
lack
“well-defined
political
constituencies” must belong to the sector they
represent. The nominees of sectoral parties or
organizations that represent the “marginalized and
underrepresented,” or that represent those who lack
“well-defined political constituencies,” either must
belong to their respective sectors, or must have a track
record of advocacy for their respective sectors. The
nominees of national and regional parties or
organizations must be a bona-fide members of such
parties or organizations.
2. Election
a. Regular Election
ARTICLE VI, SECTION 8
Notes By: Marren E. Juangco
25
2014
CONSTITUTIONAL LAW I (REVIEWER)
Unless otherwise provided by law, the regular election
of the Senators and the Members of the House of
Representatives shall be held on the second Monday of
May.
b. Special Election
ARTICLE VI, SECTION 9
In case of vacancy in the Senate or in the House of
Representatives, a special election may be called to fill
such vacancy in the manner prescribed by law, but the
Senator or Member of the House of Representatives
thus elected shall serve only for the unexpired term.
*Filling the vacancy is not mandatory because (a) There
is a period stated in R.A. 6645; and (b) A resolution
must first be present declaring such vacancy.
”IN THE MANNER PRESCRIBED BY LAW”
R.A. No. 6645 contains the rules on special elections
for Congress, I case of vacancy.
R.A. No. 6645 or AN ACT PRESCRIBING THE
MANNER OF FILING A VACANCY IN THE
CONGRESS OF THE PHILIPPINES
Section 1. In case a vacancy arises in the Senate at
least eighteen (18) months or in the House of
Representatives at least (1) year before the next
regular election for Members of Congress, the
Commission on Elections, upon receipt of a resolution
of the Senate or the House of Representatives, as the
case may be, certifying to the existence of such
vacancy and calling for a special election, shall hold a
special election to fill such vacancy.f Congress is in
recess, an official communication on the existence of
the vacancy and call for a special election by the
President of the Senate or by the Speaker of the House
of Representatives, as the case may be, shall be
sufficient for such purpose. The Senator or Member of
the House of Representatives thus elected shall serve
only for the unexpired term.
Section 2. The Commission on Elections shall fix the
date of the special election, which shall not be earlier
than forty-five (45) days not later than ninety (90) days
from the date of such resolution or communication,
stating among other things the office or offices to be
voted for: provided, however, that if within the said
period a general election is scheduled to be held, the
special election shall be held simultaneously with such
general election.
Section 3. The Commission on Elections shall send
copies of the resolution, in number sufficient for due
distribution and publication, to the Provincial of City
Treasurer of each province or city concerned, who in
turn shall publish it in their respective localities by
posting at least three copies thereof in as many
conspicuous places in each of their election precincts,
and a copy in each of the polling places and public
markets, and in the municipal buildings.
Section 4. This Act shall take effect upon its publication
in the Official Gazette or in at least two newspapers of
general circulation.
3. Organization and Sessions
ARTICLE VI, SECTION 15
The Congress shall convene once every year on the
fourth Monday of July for its regular session, unless a
different date is fixed by law, and shall continue to be in
session for such number of days as it may determine
until thirty days before the opening of its next regular
session, exclusive of Saturdays, Sundays, and legal
holidays. The President may call a special session at
any time.
a. Election of Officers
ARTICLE VI, SECTION 16(1)
The Senate shall elect its President and the House of
Representatives, its Speaker, by a majority vote of all
its respective Members. Each House shall choose such
other officers as it may deem necessary.
SANTIAGO v. GUINGONA; G.R. No. 134577
(November 18, 1998)
While the Constitution mandates that the President of
the Senate must be elected by a number constituting
more than one half of all the members thereof, it does
not provide that the members who will not vote for him
shall ipso facto constitute the “minority,” who could
thereby elect the minority leader. No law or regulation
states that the defeated candidate shall automatically
become the minority leader.
b. Quorum
ARTICLE VI, SECTION 16(2)
A majority of each House shall constitute a quorum to
do business, but a smaller number may adjourn from
day to day and may compel the attendance of absent
Members in such manner, and under such penalties, as
such House may provide.
AVELINO v. CUENCO; 83 PHIL 17 (1949)
There is a difference between “a majority of all the
members” of a body and “a majority” of the body, the
Notes By: Marren E. Juangco
26
2014
CONSTITUTIONAL LAW I (REVIEWER)
latter requiring less number than the former. Under
Section 16(2), the basis of the quorum is not the
number of all the members who constitute the entire
membership of each House. Members suspended or
otherwise prevented from participating in the functions
of either House or who for the time being may be
outside the Philippines and on whom Congress has,
therefore, no coercive power to enforce its authority and
command, should not be counted.
c. Rules of Proceedings
ARTICLE VI, SECTION 16(3)
Each House may determine the rules of its
proceedings, punish its Members for disorderly
behavior, and, with the concurrence of two-thirds of all
its Members, suspend or expel a Member. A penalty of
suspension, when imposed, shall not exceed sixty
days.
DISORDERLY BEHAVIOR
Its definition depends upon the members of the House.
It will be considered as disorderly behavior, as long as
two thirds of its Members concurred.
ARTICLE VI, SECTION 21
The Senate or the House of Representatives or any of
its respective committees may conduct inquiries in aid
of legislation in accordance with its duly published rules
of procedure. The rights of persons appearing in, or
affected by, such inquiries shall be respected.
*The rights of private individual shall be upheld.
PACETE v. SECRETARY OF THE COMMISSION ON
APPOINTMENTS; 40 SCRA 58 (1971)
The other provision is worded thus: "The President
shall have the power to make appointments during the
recess of the Congress, but such appointments shall be
effective only until disapproval by the Commission on
Appointments or until the next adjournment of the
Congress."
That would be moreover tantamount to imparting to a
move of a single member of a collective body a decisive
weight. It is bad enough if the minority were to prevail.
A one-man rule, which is the effect of what respondent
Secretary of the Commission on Appointments
contends, is infinitely worse.
ARROYO v. DE VENECIA; G.R. No. 127255 (August
14, 1997)
To disregard the "enrolled bill" rule in such cases would
be to disregard the respect due the other two
departments of our government. It would be an
unwarranted invasion of the prerogative of a coequal
department for this Court either to set aside a legislative
action as void because the Court thinks the House has
disregarded its own rules of procedure, or to allow
those defeated in the political arena to seek a rematch
in the judicial forum when petitioners can find their
remedy in that department itself.
d. Discipline of members
ARTICLE VI, SECTION 16(3)
Each House may determine the rules of its
proceedings, punish its Members for disorderly
behavior, and, with the concurrence of two-thirds of all
its Members, suspend or expel a Member. A penalty of
suspension, when imposed, shall not exceed sixty
days.
OSMENA v. PENDATUN; 109 PHIL 863 (1960)
Said disciplinary action is not in violation of the
Constitution. Section 15, Article VI of the Constitution
provides that “for any speech or debate in Congress,
the Senators or Members of the House of
Representative shall not be questioned in any other
place.” Although exempt from prosecution or civil
actions for their words uttered in Congress, the
members of Congress may, nevertheless, be
questioned in Congress itself. Observe that “they shall
not be questioned in any other place” in Congress.
SANTIAGO v. SANDIGANBAYAN; G.R. No. 126055
(April 19, 2001)
The order of suspension prescribed by RA. 3019 is
distinct from the power of Congress to discipline its own
ranks under the Constitution. The suspension
contemplated in the above constitutional provision is a
punitive measure that is imposed upon determination
by the Senate or the HOR, as the case may be, upon
an erring member. This is quite distinct from the
suspension spoken of in Section 13 of RA 3019, which
is not a penalty but a preliminary, preventive measure,
prescinding from the fact that the latter is not being
imposed on petitioner for misbehavior as a Member of
the Senate.
DE VENECIA v. SANDIGANBAYAN; G.R. No. 130240
(February 5, 2002)
The doctrine of separation of powers by itself may not
be deemed to have effectively excluded members of
Congress from Republic Act No. 3019 nor from its
sanctions. The maxim simply recognizes that each of
the three co-equal and independent, albeit coordinate,
branches of the government – the Legislative, the
Executive and the Judiciary – has exclusive
prerogatives and cognizance within its own sphere of
influence and effectively prevents one branch from
unduly intruding into the internal affairs of either branch.
Notes By: Marren E. Juangco
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CONSTITUTIONAL LAW I (REVIEWER)
e. Journal and Record
JOURNAL
It consists of “yeas” and “nays”; it is usually a
summarized version of the records/minutes
RECORD
Verbative proceedings
*In case of conflict between the journal and record, if
the issue depends upon to be entered in the Journal,
the Journal shall prevail.
(1) The Enrolled Bill Theory
CASCO (PHIL.) CHEMICAL CO. v. GIMENEZ; 7
SCRA 347 (1963)
What is printed in the enrolled bill would be conclusive
upon the courts. It is well settled that the enrolled bill —
which uses the term “urea formaldehyde” instead of
“urea and formaldehyde” — is conclusive upon the
courts as regards the tenor of the measure passed by
Congress and approved by the President. If there has
been any mistake in the printing of the bill before it was
certified by the officers of Congress and approved by
the Executive — on which the SC cannot speculate,
without jeopardizing the principle of separation of
powers and undermining one of the cornerstones of our
democratic system — the remedy is by amendment or
curative legislation, not by judicial decree.
(2) Probative value of the Journal
UNITED STATES v. PONS; 34 PHIL 729 (1916)
The SC looked into the Journals to ascertain the date of
adjournment but the SC refused to go beyond the
recitals in the legislative Journals. The said Journals
are conclusive on the Court and to inquire into the
veracity of the journals of the Philippine Legislature,
when they are, as the SC have said, clear and explicit,
would be to violate both the letter and the spirit of the
organic laws by which the Philippine Government was
brought into existence, to invade a coordinate and
independent department of the Government, and to
interfere with the legitimate powers and functions of the
Legislature.
(3) Matters to be entered in the Journal
a. Yeas and nays on the third and final reading of a
bill (Art. VI, sec. 26(2)
b. Veto message of the President (Art. VI, sec.
27(1)
c. Yeas and nays on the repassing of a bill vetoed
by the President (Art. VI, sec. 27(1))
d. Yeas and nays on any question at the request of
1/5 of members present (Art. VI, sec. 16(4))
(4) Journal Entry Rule v. Enrolled Bill Theory
ASTORGA v. VILLEGAS; 56 SCRA 714 (1974)
Enrolled Bill Doctrine: As the President has no authority
to approve a bill not passed by Congress, an enrolled
Act in the custody of the Secretary of State, and having
the official attestations of the Speaker of the House of
Representatives, of the President of the Senate, and of
the Chief Executive, carries, on its face, a solemn
assurance
by
the
legislative
and
executive departments of the government, charged,
respectively, with the duty of enacting and executing
the laws, that it was passed by Congress.
Approval of Congress, not signatures of the officers, is
essential
When courts may turn to the journal: Absent such
attestation as a result of the disclaimer, and
consequently there being no enrolled bill to speak of,
the entries in the journal should be consulted.
MORALES v. SUBIDO; 27 SCRA 131 (1969)
To what extent the validity of a legislative act may be
affected by a failure to have such matters entered on
the journal, is a question which the SC can decide upon
but is not currently being confronted in the case at bar
hence the SC does not now decide. All the SC holds is
that with respect to matters not expressly required to be
entered on the journal, the enrolled bill prevails in the
event of any discrepancy.
(5) Congressional Record
ARTICLE VI, SECTION 16(4), PARAGRAPH 2
Each House shall also keep a Record of
proceedings.
its
f. Sessions
1. Regular Sessions
ARTICLE VI, SECTION 15
The Congress shall convene once every year on the
fourth Monday of July for its regular session, unless a
different date is fixed by law, and shall continue to be in
session for such number of days as it may determine
until thirty days before the opening of its next regular
session, exclusive of Saturdays, Sundays, and legal
holidays. The President may call a special session at
any time.
ARTICLE VI, SECTION 16(5)
Notes By: Marren E. Juangco
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CONSTITUTIONAL LAW I (REVIEWER)
Neither House during the sessions of the Congress
shall, without the consent of the other, adjourn for more
than three days, nor to any other place than that in
which the two Houses shall be sitting.
2. Special Sessions
ARTICLE VI, SECTION 15
The Congress shall convene once every year on the
fourth Monday of July for its regular session, unless a
different date is fixed by law, and shall continue to be in
session for such number of days as it may determine
until thirty days before the opening of its next regular
session, exclusive of Saturdays, Sundays, and legal
holidays. The President may call a special session at
any time.
ARTICLE VII, SECTION 10
The Congress shall, at ten o'clock in the morning of the
third day after the vacancy in the offices of the
President and Vice-President occurs, convene in
accordance with its rules without need of a call and
within seven days, enact a law calling for a special
election to elect a President and a Vice-President to be
held not earlier than forty-five days nor later than sixty
days from the time of such call. The bill calling such
special election shall be deemed certified under
paragraph 2, Section 26, Article V1 of this Constitution
and shall become law upon its approval on third reading
by the Congress. Appropriations for the special election
shall be charged against any current appropriations and
shall be exempt from the requirements of paragraph 4,
Section 25, Article V1 of this Constitution. The
convening of the Congress cannot be suspended nor
the special election postponed. No special election shall
be called if the vacancy occurs within eighteen months
before the date of the next presidential election.
ARTICLE VII, SECTION 11
Whenever the President transmits to the President of
the Senate and the Speaker of the House of
Representatives his written declaration that he is
unable to discharge the powers and duties of his office,
and until he transmits to them a written declaration to
the contrary, such powers and duties shall be
discharged by the Vice-President as Acting President.
Whenever a majority of all the Members of the Cabinet
transmit to the President of the Senate and to the
Speaker of the House of Representatives their written
declaration that the President is unable to discharge the
powers and duties of his office, the Vice-President shall
immediately assume the powers and duties of the office
as Acting President.
Thereafter, when the President transmits to the
President of the Senate and to the Speaker of the
House of Representatives his written declaration that
no inability exists, he shall reassume the powers and
duties of his office. Meanwhile, should a majority of all
the Members of the Cabinet transmit within five days to
the President of the Senate and to the Speaker of the
House of Representatives, their written declaration that
the President is unable to discharge the powers and
duties of his office, the Congress shall decide the issue.
For that purpose, the Congress shall convene, if it is not
in session, within forty-eight hours, in accordance with
its rules and without need of call.
ARTICLE VII, SECTION 18, PARAGRAPH 3
The Supreme Court may review, in an appropriate
proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or the
suspension of the privilege of the writ of habeas
corpus or the extension thereof, and must promulgate
its decision thereon within thirty days from its filing.
4. Salaries, privileges and disqualifications
a. Salaries
ARTICLE VI, SECTION 10
The salaries of Senators and Members of the House of
Representatives shall be determined by law. No
increase in said compensation shall take effect until
after the expiration of the full term of all the Members of
the Senate and the House of Representatives
approving such increase.
ARTICLE XVIII, SECTION 17
Until the Congress provides otherwise, the President
shall receive an annual salary of three hundred
thousand pesos; the Vice-President, the President of
the Senate, the Speaker of the House of
Representatives, and the Chief Justice of the Supreme
Court, two hundred forty thousand pesos each; the
Senators, the Members of
the House of
Representatives, the Associate Justices of the
Supreme Court, and the Chairmen of the Constitutional
Commissions, two hundred four thousand pesos each;
and the Members of the Constitutional Commissions,
one hundred eighty thousand pesos each.
LIGOT v. MATHAY; 56 SCRA 823 (1974)
To grant retirement gratuity to members of Congress
whose terms expired on December 30, 1969 computed
on the basis of an increased salary of P32,000.00 per
annum (which they were prohibited by the Constitution
from receiving during their term of office) would be to
pay them prohibited emoluments which in effect
increase the salary beyond that which they were
permitted by the Constitution to receive during their
incumbency. As stressed by the Auditor-General in his
decision in the similar case of petitioner’s colleague, exCongressman Singson, “(S)uch a scheme would
Notes By: Marren E. Juangco
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CONSTITUTIONAL LAW I (REVIEWER)
contravene the Constitution for it would lead to the
same prohibited result by enabling administrative
authorities to do indirectly what cannot be done
directly.”
b. Freedom from arrest
ARTICLE VI, SECTION 11
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 be held liable in any other place for any speech or
debate in the Congress or in any committee thereof.
PHILIPPINE BILL OF 1902
No grant of parliamentary immunity.
1935 CONSTITUTION
There is a parliamentary immunity in all cases except
treason, felonies etc.
1973 CONSTITUTION
There is no parliamentary immunity except if it is
punishable by not more than six years (prision
correctional). The accused shall surrender to the proper
authorities 12 hrs. after the adjournment of session.
1987 CONSTITUTION
Arrest cannot be made while the Member is in session.
The accused is not obliged to surrender after the
session’s adjournment.
ARTICLE 145, RPC
Violation of parliamentary immunity. — The penalty of
prision mayor shall be imposed upon any person who
shall use force, intimidation, threats, or fraud to prevent
any member of the National Assembly (Congress of the
Philippines) from attending the meetings of the
Assembly (Congress) or of any of its committees or
subcommittees,
constitutional
commissions
or
committees or divisions thereof, from expressing his
opinions or casting his vote; and the penalty of prision
correccional shall be imposed upon any public officer or
employee who shall, while the Assembly (Congress) is
in regular or special session, arrest or search any
member thereof, except in case such member has
committed a crime punishable under this Code by a
penalty higher than prision mayor.
1987 CONSTITUTION
Article 145 of the Revised Penal Code was revived but
modified from prision mayor to prision correcional.
PEOPLE v. JALOSJOS; G.R. No. 132875 (February
3, 2000)
A Congressman like the accused-appellant, convicted
under Title Eleven of the Revised Penal Code could not
claim parliamentary immunity form arrest. He was
subject to the same general laws governing all persons
still to be tried or whose convictions were pending
appeal. x x x For offenses punishable by more than six
years imprisonment, there was no immunity from
arrest.
TRILLANES IV v. JUDGE PIMENTEL; G.R. No.
179817 (June 27, 2008)
The Rules also state that no person charged with a
capital offense, or an offense punishable by
reclusion perpetua or life imprisonment, shall be
admitted to bail when evidence of guilt is strong,
regardless of the stage of the criminal action.
That the cited provisions apply equally to rape and coup
d'etat
cases,
both
being
punishable
by
reclusion perpetua, is beyond cavil. Within the class of
offenses covered by the stated range of imposable
penalties, there is clearly no distinction as to the
political complexion of or moral turpitude involved in the
crime charged.
c. Speech and Debate Clause
ARTICLE VI, SECTION 11
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 be held liable in any other place for any speech or
debate in the Congress or in any committee thereof.
JIMENEZ v. CABANGBANG; 17 SCRA 876 (1966)
Article VI, Section 15 of the Constitution provides “The
Senators and Members of
the House of
Representatives shall in all cases except treason,
felony, and breach of the peace. Be privileged from
arrest during their attendance at the sessions of the
Congress, and in going to and returning from the same;
and for any speech or debate therein, they shall not be
questioned in any other place.” The publication of the
said letter is not covered by said expression which
refers to utterances made by Congressmen in the
performance of their official functions, such as
speeches delivered, statements made, or votes cast in
the halls of Congress, while the same is in session as
well as bills introduced in Congress, whether the same
is in session or not, and other acts performed by
Congressmen, either in Congress or outside the
Notes By: Marren E. Juangco
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CONSTITUTIONAL LAW I (REVIEWER)
premises housing its offices, in the official discharge of
their duties as members of Congress and of
Congressional Committees duly authorized to perform
its functions as such at the time of the performance of
the acts in question. Congress was not in session when
the letter was published and at the same time he,
himself, caused the publication of the said letter. It is
obvious that, in thus causing the communication to be
so published, he was not performing his official duty,
either as a member of Congress or as officer of any
Committee thereof. Hence, contrary to the finding made
by the lower court the said communication is not
absolutely privileged.
SPEECHES:
1.
2.
3.
4.
Casting of votes
Making of reports
Debate
Other means of expression
ANTERO POBRE v. SENATOR M. SANTIAGO; AC
No. 7399 (August 25, 2009)
The Supreme Court said that the Senator has indeed a
constitutional right, which was stated in Article VI,
Section 11 of the Constitution.
The Court wishes to express its deep concern about the
language Senator Santiago, a member of the Bar, used
in her speech and its effect on the administration of
justice. To the Court, the lady senator has undoubtedly
crossed the limits of decency and good professional
conduct. It is at once apparent that her statements in
question were intemperate and highly improper in
substance.
The Supreme Court also stated that the final judgment
depends upon the Senate, since it was the Rules of the
House that she had violated. It is unfortunate that her
peers bent backwards and avoided imposing their own
rules on her.
d. Disqualification
(1) Incompatible and Forbidden offices
ARTICLE VI SECTION 13
No Senator or Member of the House of Representatives
may hold any other office or employment in the
Government, or any subdivision, agency, or
instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries, during his
term without forfeiting his seat. Neither shall he be
appointed to any office which may have been created
or the emoluments thereof increased during the term for
which he was elected.
ADAZA v. PACANA JR; 135 SCRA 431 (1985)
The
Philippine
Constitution
is
clear
and
unambiguous. Hence Adaza cannot invoke common
law practices abroad. He cannot complain of any
restrictions which public policy may dictate on his
holding of more than one office. Adaza further
contends that when Pacana filed his candidacy for
the Batasan he became a private citizen because he
vacated his office. Pacana, as a mere private
citizen, had no right to assume the governorship left
vacant by petitioner’s election to the BP. This is not
tenable and it runs afoul against BP. 697, the law
governing the election of members of the BP on May
14, 1984, Section 13[2] of which specifically provides
that “governors, mayors, members of the various
sangguniang or barangay officials shall, upon filing a
certificate of candidacy, be considered on forced
leave of absence from office.” Indubitably,
respondent falls within the coverage of this provision,
considering that at the time he filed his certificate of
candidacy for the 1984 BP election he was a
member of the Sangguniang Panlalawigan as
provided in Sections 204 and 205 of Batas
Pambansa Blg. 337, otherwise known as the Local
Government Code.
LIBAN ET.AL v. GORDON; GR No. 175352 (July 15,
2009)
In sum, the PNRC enjoys a special status as an
important ally and auxiliary of the government in the
humanitarian field in accordance with its commitments
under international law. This Court cannot all of a
sudden refuse to recognize its existence, especially
since the issue of the constitutionality of the PNRC
Charter was never raised by the parties. It bears
emphasizing that the PNRC has responded to almost
all national disasters since 1947, and is widely known to
provide a substantial portion of the country’s blood
requirements. Its
humanitarian
work
is
unparalleled. The Court should not shake its existence
to the core in an untimely and drastic manner that
would not only have negative consequences to those
who depend on it in times of disaster and armed
hostilities but also have adverse effects on the image of
the Philippines in the international community. The
sections of the PNRC Charter that were declared void
must therefore stay.
(2) Other prohibitions
ARTICLE VI, SECTION 14
No Senator or Member of the House of Representatives
may personally appear as counsel before any court of
justice or before the Electoral Tribunals, or quasijudicial and other administrative bodies. Neither shall
he, directly or indirectly, be interested financially in any
contract with, or in any franchise or special privilege
Notes By: Marren E. Juangco
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CONSTITUTIONAL LAW I (REVIEWER)
granted by the Government, or any subdivision,
agency, or instrumentality thereof, including any
government-owned or controlled corporation, or its
subsidiary, during his term of office. He shall not
intervene in any matter before any office of the
Government for his pecuniary benefit or where he may
be called upon to act on account of his office.
PUYAT v. DE GUZMAN 113 SCRA 31 (1982)
Fernandez cannot appear before the SEC body under
the guise that he is not appearing as a counsel. Even
though he is a stockholder and that he has a legal
interest in the matter in litigation he is still barred from
appearing. He bought the stocks before the litigation
took place. During the conference he presented himself
as counsel but because it is clearly stated that he
cannot do so under the constitution he instead
presented himself as a party of interest – which is
clearly a work around and is clearly an act after the fact.
A mere work around to get himself involved in the
litigation. What could not be done directly could not
likewise be done indirectly.
e. Duty to disclose
ARTICLE XI, SECTION 17
A public officer or employee shall, upon assumption of
office and as often thereafter as may be required by
law, submit a declaration under oath of his assets,
liabilities, and net worth. In the case of the President,
the Vice-President, the Members of the Cabinet, the
Congress, the Supreme Court, the Constitutional
Commissions and other constitutional offices, and
officers of the armed forces with general or flag rank,
the declaration shall be disclosed to the public in the
manner provided by law.
ARTICLE VI, SECTION 12
All Members of the Senate and the House of
Representatives shall, upon assumption of office, make
a full disclosure of their financial and business interests.
They shall notify the House concerned of a potential
conflict of interest that may arise from the filing of a
proposed legislation of which they are authors.
ARTICLE VI, SECTION 20
The records and books of accounts of the Congress
shall be preserved and be open to the public in
accordance with law, and such books shall be audited
by the Commission on Audit which shall publish
annually an itemized list of amounts paid to and
expenses incurred for each Member.
5. Electoral Tribunals
a. Senate Electoral Tribunal (SET)
b. House of Representatives Electoral Tribunal
(HRET)
ARTICLE VI, SECTION 17
The Senate and the House of Representatives shall
each have an Electoral Tribunal which shall be the sole
judge of all contests relating to the election, returns,
and qualifications of their respective Members. Each
Electoral Tribunal shall be composed of nine Members,
three of whom shall be Justices of the Supreme Court
to be designated by the Chief Justice, and the
remaining six shall be Members of the Senate or the
House of Representatives, as the case may be, who
shall be chosen on the basis of proportional
representation from the political parties and the parties
or organizations registered under the party-list system
represented therein. The senior Justice in the Electoral
Tribunal shall be its Chairman.
ARTICLE VI, SECTION 19
The Electoral Tribunals and the Commission on
Appointments shall be constituted within thirty days
after the Senate and the House of Representatives
shall have been organized with the election of the
President and the Speaker. The Commission on
Appointments shall meet only while the Congress is in
session, at the call of its Chairman or a majority of all its
Members, to discharge such powers and functions as
are herein conferred upon it.
TANADA v. CUENCO, 103 Phil. 1051 (1957)
The nomination of the last two members (who would fill
in the supposed seat of the minority members) must not
come from the majority party. In this case, the
Chairman of the SET, apparently already appointed
members that would fill in the minority seats (even
though those will come from the majority party). This is
still valid provided the majority members of the SET
(referring to those legally sitting) concurred with the
Chairman. Besides, the SET may set its own rules in
situations like this provided such rules comply with the
Constitution.
PIMENTEL v. HRET 393 SCRA 227
The Constitution expressly grants to the House of
Representatives the prerogative, within constitutionally
defined limits, to choose from among its district and
party-list representatives those who may occupy the
seats allotted to the House in the HRET and the CA.
Section 18, Article VI of the Constitution explicitly
confers on the Senate and on the House the authority
to elect among their members those who would fill the
12 seats for Senators and 12 seats for House members
in the Commission on Appointments. Under Section 17,
Article VI of the Constitution, each chamber of
Notes By: Marren E. Juangco
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CONSTITUTIONAL LAW I (REVIEWER)
Congress exercises the power to choose, within
constitutionally defined limits, who among their
members would occupy the allotted 6 seats of each
chamber’s respective electoral tribunal. These
constitutional provisions are reiterated in Rules 3 and 4
(a) of the 1998 Rules of the House of Representatives
Electoral Tribunal. The discretion of the House to
choose its members to the HRET and the CA is not
absolute, being subject to the mandatory constitutional
rule on proportional representation.[26] However, under
the doctrine of separation of powers, the Court may not
interfere with the exercise by the House of this
constitutionally man/dated duty, absent a clear violation
of the Constitution or grave abuse of discretion
amounting to lack or excess of jurisdiction. Otherwise,
‘the doctrine of separation of powers calls for each
branch of government to be left alone to discharge its
duties as it sees fit.[28] Neither can the Court speculate
on what action the House may take if party-list
representatives are duly nominated for membership in
the HRET and the CA.
Notes By: Marren E. Juangco
33