ADMILAW: THE LEGISLATIVE
DEPARTMENT
TOPIC
1:
THE
DEPARTMENT
ADMILAW: THE LEGISLATIVE
DEPARTMENT
LEGISLATIVE
Doctrine of Separation of Powers
The legislation belongs to the Congress,
execution to the executive, and settlement of
legal controversies to the judiciary. Each is
therefore prevented from invading the
domain of the others.
Purposes of Separation of Powers
1. Secure action
2. Forestall over-action
3. Prevent despotism
4. Obtain efficiency
NOTE: To prevent the concentration of
authority in one person or group of persons
that might lead to irreparable error or abuse
in its exercise to the detriment of republican
institutions. The purpose was not to avoid
friction, but, by means of the inevitable
friction incident to the distribution of
governmental powers among the three
departments, to save the people from
autocracy.
Powers vested in the three branches of
government
The following may exercise legislative
power
1. Congress
2. Regional/Local Government Units
3. The People through initiative and
referendum.
Limitations on the legislative power of
Congress
1. Substantive: limitations on the content of
laws.
2. Procedural: limitations on the manner of
passing laws.
3. Congress cannot pass irrepealable laws.
4. Congress, as a general rule, cannot
delegate its legislative power.
Composition of Congress
The Congress is bicameral in nature. It is
composed of:
1. Senate
2. House of Representatives
a. District representatives
b. Party-list system
Immunity from arrest
Grants the legislators the privilege from
arrest while Congress is “in session” with
respect to offenses punishable by more than 6
years of imprisonment. (Sec. 11, Art. VI of
1987 Constitution)
2. They must be made in connection with the
discharge of official duties.
Purpose of parliamentary immunities
Legislative powers of Congress
It is not for the benefit of the officials; rather,
it is to protect and support the rights of the
people by ensuring that their representatives
are doing their jobs according to the dictates
of their conscience. It is indispensable no
matter how powerful the offended party is.
1. General plenary power (Sec. 1, Art. VI)
2. Specific power of appropriation
3. Taxation and expropriation
Inapplicability of immunity to searches
4. Legislative investigation
The Constitution provides only a privilege
from arrest in order to ensure the attendance
of Congressmen.
5. Question hour
Legislative privilege
The power or competence of the legislative to
propose, enact, ordain, amend/alter, modify,
abrogate or repeal laws. It is vested in the
Congress which shall consist of a Senate and
a House of Representatives, except to the
extent reserved to the people by the provision
on initiative and referendum.
Provides that no member shall be questioned
or held liable in any forum other than his
respective Congressional body for any debate
or speech in Congress or in any committee
thereof. (Sec. 11, Art. VI; Pobre v. Sen.
Santiago, A.C.No, 7399, August 25, 2009)
Legislative power
Doctrine of Shifting Majority
Limitations on legislative privilege
1. Protection is only against the forum other
than the Congress itself. Thus, for defamatory
remarks, which are otherwise privileged, a
member may be sanctioned by either the
Senate or the HoR as the case may be.
For each House of Congress to pass a bill,
only the votes of the majority of those present
in the session, there being a quorum, is
required.
Rules regarding the passage of bills
2. The “speech or debate” must be made in
performance of their duties as members of
Congress.
1. No bill passed by either House shall
become a law unless it has passed three
readings on separate days.
Requirements for the privilege of speech and
debate to operate
2. Printed copies of the bill in its final form
should be distributed to the Members 3 days
before its passage (except when the President
certifies to the necessity of its immediate
enactment to meet a public calamity or
emergency)
1. The remarks must be made while the
legislature or the legislative committee is
functioning, that is, in session;
3. Upon the last reading of a bill, no
amendment thereto shall be allowed.
4. The vote on the bill shall be taken
immediately after the last reading of a bill.
5. The yeas and the nays shall be entered in
the Journal.
XPN: The certification of the President
dispenses with the reading on separate days
and the printing of the bill in the final form
before its final approval. (Tolentino v.
Secretary of Finance, G.R. No. 115455,
October 30, 1995)
Instances when a bill becomes a law
1. Approved and signed by the President
2. Presidential veto overridden by 2/3 vote of
all members of both Houses
4. Power to judge President’s physical fitness
to discharge the functions of the Presidency
(Sec. 11, Art. VII)
5. Power to revoke or extend suspension of
the privilege of the writ of habeas corpus or
declaration of martial law (Sec. 18, Art. VII)
6. Power to concur in Presidential amnesties.
Concurrence of majority of all the members
of Congress (Sec. 19, Art. VII)
7. Power to concur in treaties or international
agreements; concurrence of at least 2/3 of all
the members of the Senate (Sec. 21, Art. VII)
8. Power to confirm certain appointments/
nominations made by the President (Secs. 9
and 16, Art. VII)
9. Power of Impeachment (Sec. 2, Art. XI)
10. Power relative to natural resources
3. Failure of the President to veto the bill and
to return it with his objections to the House
where it originated, within 30 days after the
date of receipt
11. Power of internal organization (Sec. 16,
Art. VI)
a. Election of officers
4. A bill calling a special election for
President and Vice-President under Sec. 10.
Art. VII becomes a law upon its approval on
the third reading and final reading
b. Promulgate internal rules
c. Disciplinary powers (Sec. 16, Art. VI)
Non-legislative powers of Congress
12. Informing Function
1. Power to declare the existence of state of
war (Sec. 2, Par. 1, Art. VI)
Congressional grant of emergency powers to
the President
2. Power to act as Board of Canvassers in
election of President (Sec. 10, Art. VII)
Under Sec. 23[2], Art. VI of the Constitution,
Congress may grant the President emergency
powers subject to the following conditions:
3. Power to call a special election for
President and Vice-President (Sec. 10, Art.
VII)
1. There is a war or other national emergency;
2. The grant of emergency powers must be for
a limited period;
3. The grant of emergency powers is subject
to such restrictions as Congress may
prescribe; and
4. The emergency powers must be exercised
to carry out a national policy declared by
Congress
Policy on war
The Philippines renounces war as an
instrument of national policy. (Sec. 2, Art. II)
Voting requirements to declare the existence
of a state of war
1. 2/3 vote of both Houses
2. In joint session
3. Voting separately
NOTE: Even though the legislature can
declare an existence of war and enact
measures to support it, the actual power to
engage in war is lodged, nonetheless, in the
executive.
Section 1. The legislative power shall be
vested in the Congress of the Philippines
which shall consist of a Senate and a House
of Representatives, except to the extent
reserved to the people by the provision on
initiative and referendum.
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.
Section 3. No person shall be a Senator
unless he is a natural-born 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.
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.
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.
Section 6. 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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
(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.
(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.
(4) Each House shall keep a Journal of its
proceedings, and from time to time publish
the same, excepting such parts as may, in its
judgment, affect national security; and the
yeas and nays on any question shall, at the
request of one-fifth of the Members present,
be entered in the Journal.
Each House shall also keep a Record of its
proceedings.
(5) 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.
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.
SECTION 18. There shall be a Commission
on Appointments consisting of the President
of the Senate, as ex officio Chairman, twelve
Senators and twelve Members of the House
of Representatives, elected by each House on
the basis of proportional representation from
the political parties and parties or
organizations registered under the party-list
system represented therein. The Chairman of
the Commission shall not vote, except in case
of a tie. The Commission shall act on all
appointments submitted to it within thirty
session days of the Congress from their
submission. The Commission shall rule by a
majority vote of all the Members.
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.
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.
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.
SECTION 22. The heads of departments
may upon their own initiative, with the
consent of the President, or upon the request
of either House, as the rules of each House
shall provide, appear before and be heard by
such House on any matter pertaining to their
departments. Written questions shall be
submitted to the President of the Senate or the
Speaker of the House of Representatives at
least three days before their scheduled
appearance. Interpellations shall not be
limited to written questions, but may cover
matters related thereto. When the security of
the State or the public interest so requires and
the President so states in writing, the
appearance shall be conducted in executive
session.
SECTION 23. (1) The Congress, by a vote
of two-thirds of both Houses in joint session
assembled, voting separately, shall have the
sole power to declare the existence of a state
of war.
(2) In times of war or other national
emergency, the Congress may, by law,
authorize the President, for a limited period
and subject to such restrictions as it may
prescribe, to exercise powers necessary and
proper to carry out a declared national policy.
Unless sooner withdrawn by resolution of the
Congress, such powers shall cease upon the
next adjournment thereof.
SECTION 24. All appropriation, revenue or
tariff bills, bills authorizing increase of the
public debt, bills of local application, and
private bills shall originate exclusively in the
House of Representatives, but the Senate may
propose or concur with amendments.
SECTION 25. (1) The Congress may not
increase the appropriations recommended by
the President for the operation of the
Government as specified in the budget. The
form, content, and manner of preparation of
the budget shall be prescribed by law.
(2) No provision or enactment shall be
embraced in the general appropriations bill
unless it relates specifically to some
particular appropriation therein. Any such
provision or enactment shall be limited in its
operation to the appropriation to which it
relates.
(3)
The
procedure
in
approving
appropriations for the Congress shall strictly
follow the procedure for approving
appropriations for other departments and
agencies.
(4) A special appropriations bill shall specify
the purpose for which it is intended, and shall
be supported by funds actually available as
certified by the National Treasurer, or to be
raised by a corresponding revenue proposed
therein.
(5) No law shall be passed authorizing any
transfer of appropriations; however, the
President, the President of the Senate, the
Speaker of the House of Representatives, 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.
(6) Discretionary funds appropriated for
particular officials shall be disbursed only for
public purposes to be supported by
appropriate vouchers and subject to such
guidelines as may be prescribed by law.
(7) If, by the end of any fiscal year, the
Congress shall have failed to pass the general
appropriations bill for the ensuing fiscal year,
the general appropriations law for the
preceding fiscal year shall be deemed
reenacted and shall remain in force and effect
until the general appropriations bill is passed
by the Congress.
SECTION 26. (1) Every bill passed by the
Congress shall embrace only one subject
which shall be expressed in the title thereof.
(2) No bill passed by either House shall
become a law unless it has passed three
readings on separate days, and printed copies
thereof in its final form have been distributed
to its Members three days before its passage,
except when the President certifies to the
necessity of its immediate enactment to meet
a public calamity or emergency. Upon the last
reading of a bill, no amendment thereto shall
be allowed, and the vote thereon shall be
taken immediately thereafter, and the yeas
and nays entered in the Journal.
SECTION 27. (1) Every bill passed by the
Congress shall, before it becomes a law, be
presented to the President. If he approves the
same, he shall sign it; otherwise, he shall veto
it and return the same with his objections to
the House where it originated, which shall
enter the objections at large in its Journal and
proceed to reconsider it. If, after such
reconsideration, two-thirds of all the
Members of such House shall agree to pass
the bill, it shall be sent, together with the
objections, to the other House by which it
shall likewise be reconsidered, and if
approved by two-thirds of all the Members of
that House, it shall become a law. In all such
cases, the votes of each House shall be
determined by yeas or nays, and the names of
the Members voting for or against shall be
entered in its Journal. The President shall
communicate his veto of any bill to the House
where it originated within thirty days after the
date of receipt thereof; otherwise, it shall
become a law as if he had signed it.
(2) The President shall have the power to veto
any particular item or items in an
appropriation, revenue, or tariff bill, but the
veto shall not affect the item or items to
which he does not object.
SECTION 28. (1) The rule of taxation shall
be uniform and equitable. The Congress shall
evolve a progressive system of taxation.
(2) The Congress may, by law, authorize the
President to fix within specified limits, and
subject to such limitations and restrictions as
it may impose, tariff rates, import and export
quotas, tonnage and wharfage dues, and other
duties or imposts within the framework of the
national development program of the
Government.
(3) Charitable institutions, churches and
parsonages or convents appurtenant thereto,
mosques, non-profit cemeteries, and all
lands, buildings, and improvements, actually,
directly, and exclusively used for religious,
charitable, or educational purposes shall be
exempt from taxation.
(4) No law granting any tax exemption shall
be passed without the concurrence of a
majority of all the Members of the Congress.
SECTION 29. (1) No money shall be paid
out of the Treasury except in pursuance of an
appropriation made by law.
(2) No public money or property shall 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, or
of any priest, preacher, minister, or other
religious teacher, or dignitary as such, except
when such priest, preacher, minister, or
dignitary is assigned to the armed forces, or
to any penal institution, or government
orphanage or leprosarium.
(3) All money collected on any tax levied for
a special purpose shall be treated as a special
fund and paid out for such purpose only. If
the purpose for which a special fund was
created has been fulfilled or abandoned, the
balance, if any, shall be transferred to the
general funds of the Government.
SECTION 30. No law shall be passed
increasing the appellate jurisdiction of the
Supreme Court as provided in this
Constitution without its advice and
concurrence.
SECTION 31. No law granting a title of
royalty or nobility shall be enacted.
SECTION 32. The Congress shall, as early
as possible, provide for a system of initiative
and referendum, and the exceptions
therefrom, whereby the people can directly
propose and enact laws or approve or reject
any act or law or part thereof passed by the
Congress or local legislative body after the
registration of a petition therefor signed by at
least ten per centum of the total number of
registered voters, of which every legislative
district must be represented by at least three
per centum of the registered voters thereof.
GARCIA V. COMELEC
Sept. 30, 1994
FACTS:
On May 24, 1993, petitioners filed a petition
with the Sangguniang Bayan of Morong to
annul Pambansang Kapasyahan Blg. 10,
Serye 1993 which includes the Municipality
of Morong as part of the Subic Special
Economic Zone in accord with the RA No.
7227.
The municipality did not take any action on
the petition within 30 days after its
submission; so, they resorted to their power
of initiative under the Local Government
Code of 1991. They solicited the required
number of signatures to repeal the said
resolution. However, the Vice Mayor, Hon.
Edilberto de Leon, and the Presiding Office
of the Sangguniang Bayan ng Morong wrote
a letter dated June 11, 1993 to deny the
petition for local initiative and/or
referendum. On July 6, 1993, the Comelec
denied the petition for local initiative because
its subject is “merely a resolution and not an
ordinance.”
ISSUE:
w/n the Pambansang Kapasyahan Blg. 10,
Serye 1993 is the proper subject of an
initiative?
Sub-issue: w/n the decision of the Comelec to
deny the petition be set aside?
HELD:
The petition is granted and the decision of the
Comelec on July 6, 1993 is annulled and set
aside.
RULING:
The 1987 Constitution installed back the
power to the people regarding legislation
because of the event in February 1986. The
new Constitution became “less trusting of
public officials.”
Through initiative, the people were given the
power to amend the Constitution under Sec.
2 Art. 17 which provides “amendments to this
Constitution may likewise be directly
proposed by the people through initiative
upon a petition of at least 12% of the total
number of registered voters, of which every
legislative district must be represented by at
least 3% of the registered voter therein.”
The PDAF articles in the GAA do provide for
realignment of funds whereby certain cabinet
members may request for the realignment of
funds into their department provided that the
request for realignment is approved or
concurred by the legislator concerned.
Presidential Pork Barrel
The Comelec was also empowered to enforce
and administer all laws and regulations
relative to the conduct of an initiative and
referendum.
BELGICA VS. OCHOA
FACTS:
The so-called pork barrel system has been
around in the Philippines since about 1922.
Pork Barrel is commonly known as the lumpsum, discretionary funds of the members of
the Congress. It underwent several legal
designations from “Congressional Pork
Barrel” to the latest “Priority Development
Assistance Fund” or PDAF. The allocation
for the pork barrel is integrated in the annual
General Appropriations Act (GAA).
Since 2011, the allocation of the PDAF has
been done in the following manner:
a. P70 million: for each member of the lower
house; broken down to – P40 million for
“hard projects” (infrastructure projects like
roads, buildings, schools, etc.), and P30
million for “soft projects” (scholarship
grants, medical assistance, livelihood
programs, IT development, etc.);
b. P200 million: for each senator; broken
down to – P100 million for hard projects,
P100 million for soft projects;
c. P200 million: for the Vice-President;
broken down to – P100 million for hard
projects, P100 million for soft projects.
The president does have his own source of
fund albeit not included in the GAA. The socalled presidential pork barrel comes from
two sources: (a) the Malampaya Funds, from
the Malampaya Gas Project – this has been
around since 1976, and (b) the Presidential
Social Fund which is derived from the
earnings of PAGCOR – this has been around
since about 1983.
Pork Barrel Scam Controversy
Ever since, the pork barrel system has been
besieged by allegations of corruption. In July
2013, six whistle blowers, headed by Benhur
Luy, exposed that for the last decade, the
corruption in the pork barrel system had been
facilitated by Janet Lim Napoles. Napoles
had been helping lawmakers in funneling
their pork barrel funds into about 20 bogus
NGO’s (non-government organizations)
which would make it appear that government
funds are being used in legit existing projects
but are in fact going to “ghost” projects. An
audit was then conducted by the Commission
on Audit and the results thereof concurred
with the exposes of Luy et al.
Motivated by the foregoing, Greco Belgica
and several others, filed various petitions
before the Supreme Court questioning the
constitutionality of the pork barrel system.
ISSUES:
I. Whether or not the congressional pork
barrel system is constitutional.
II. Whether or not presidential pork barrel
system is constitutional.
Congress for approval through a process
known as “bill presentment.”
HELD:
This power is already being undermined
because of the fact that once the GAA is
approved, the legislator can now identify the
project to which he will appropriate his
PDAF. Under such system, how can the
president veto the appropriation made by the
legislator if the appropriation is made after
the approval of the GAA – again, “Congress
cannot choose a mode of budgeting which
effectively renders the constitutionally-given
power of the President useless.”
I.
Congressional pork barrel system is
not constitutional
Separation of Powers
From the moment the law becomes effective,
any provision of law that empowers Congress
or any of its members to play any role in the
implementation or enforcement of the law
violates the principle of separation of powers
and is thus unconstitutional; Any postenactment-measure
allowing
legislator
participation beyond oversight is bereft of
any constitutional basis and hence,
tantamount to impermissible interference
and/or assumption of executive functions.
The Supreme Court hereby declares the 2013
Priority Development Assistance Fund
(PDAF) Article as well as all other provisions
of law which similarly allow legislators to
wield any form of post-enactment authority
in the implementation or enforcement of the
budget, unrelated to congressional oversight,
as violation of the separation of powers
principle and thus unconstitutional. (Note in
the older case of PHILCONSA vs Enriquez,
it was ruled that pork barrel, then called as
CDF or the Countrywide Development Fund,
was constitutional insofar as the legislators
only recommend where their pork barrel
funds go).
Checks and Balances
A prime example of a constitutional check
and balance would be the President’s power
to veto an item written into an appropriation,
revenue or tariff bill submitted to him by
Delegation of Powers
As a rule, the Constitution vests legislative
power in Congress alone. (The Constitution
does grant the people legislative power but
only insofar as the processes of referendum
and initiative are concerned). That being,
legislative power cannot be delegated by
Congress for it cannot delegate further that
which was delegated to it by the Constitution.
Exceptions to the rule are:
(i) delegated legislative power to local
government units but this shall involve purely
local matters;
(ii) authority of the President to, by law,
exercise powers necessary and proper to
carry out a declared national policy in times
of war or other national emergency, or fix
within specified limits, and subject to such
limitations and restrictions as Congress may
impose, tariff rates, import and export quotas,
tonnage and wharfage dues, and other duties
or imposts within the framework of the
national development program of the
Government.
In this case, the PDAF articles which allow
the individual legislator to identify the
projects to which his PDAF money should go
to is a violation of the rule on nondelegability of legislative power. The power
to appropriate funds is solely lodged in
Congress (in the two houses comprising it)
collectively and not lodged in the individual
members. Further, nowhere in the exceptions
does it state that the Congress can delegate
the power to the individual member of
Congress.
Political Questions
The phrase “political question” connotes, in
legal parlance, what it means in ordinary
parlance, namely, a question of policy. In
other words, in the language of Corpus Juris
Secundum (supra), 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 Legislature or executive branch of the
Government.” It is concerned with issues
dependent upon the wisdom, not legality, of a
particular measure.
The intrinsic constitutionality of the “Pork
Barrel System” is not an issue dependent
upon the wisdom of the political branches of
government but rather a legal one which the
Constitution itself has commanded the Court
to act upon.
In Estrada v. Desierto,142 the expanded
concept of judicial power under the 1987
Constitution and its effect on the political
question doctrine was explained as follows:
143
To a great degree, the 1987 Constitution has
narrowed the reach of the political question
doctrine when it expanded the power of
judicial review of this court not only to settle
actual controversies involving rights which
are legally demandable and enforceable but
also 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 government.
Heretofore, the judiciary has focused on the
“thou shalt not’s” of the Constitution directed
against the exercise of its jurisdiction. With
the new provision, however, courts are given
a greater prerogative to determine what it can
do to prevent grave abuse of discretion
amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of
government. Clearly, the new provision did
not just grant the Court power of doing
nothing.
II.
Presidential pork barrel system is
constitutional
The main issue raised by Belgica et al against
the presidential pork barrel is that it is
unconstitutional because it violates Section
29 (1), Article VI of the Constitution which
provides:
No money shall be paid out of the Treasury
except in pursuance of an appropriation made
by law.
Belgica et al emphasized that the presidential
pork comes from the earnings of the
Malampaya and PAGCOR and not from any
appropriation from a particular legislation.
The Supreme Court disagrees as it ruled that
PD 910, which created the Malampaya Fund,
as well as PD 1869 (as amended by PD 1993),
which amended PAGCOR’s charter,
provided for the appropriation, to wit:
(i) PD 910: Section 8 thereof provides that all
fees, among others, collected from certain
energy-related ventures shall form part of a
special fund (the Malampaya Fund) which
shall be used to further finance energy
resource development and for other purposes
which the President may direct;
(ii) PD 1869, as amended: Section 12 thereof
provides that a part of PAGCOR’s earnings
shall be allocated to a General Fund (the
Presidential Social Fund) which shall be used
in government infrastructure projects.
These are sufficient laws which met the
requirement of Section 29, Article VI of the
Constitution.
The
appropriation
contemplated therein does not have to be a
particular appropriation as it can be a general
appropriation as in the case of PD 910 and PD
1869.
NOTES: Courts will not assume jurisdiction
over a constitutional question unless the
following requisites are satisfied: (1) there
must be an actual case calling for the exercise
of judicial review; (2) the question before the
court must be ripe for adjudication; (3) the
person challenging the validity of the act
must have standing to do so; (4) the question
of constitutionality must have been raised at
the earliest opportunity and (5) the issue of
constitutionality must be the very lis mota of
the case. (Chamber of Real Estate and
Builders’ Associations, Inc. vs. Romulo, 614
SCRA 605 [2010])
A question is considered ripe for adjudication
when the act being challenged has a direct
adverse effect on the individual challenging
it. (Ibid.)
Eastern shipping lines vs poea
Petitioner challenged the decision of POEA
that the POEA has no jurisdiction over
thecase of Vitaliano Saco since he was not
categorized as an overseas worker. Vitaliano
Saco was a Chief Executive Officer of the
M/V Eastern Polaris when he waskilled in an
accident in Tokyo, Japan on March 15, 1985.
The widow filed a complaint against
theEastern Shipping Lines with the
Philippine
Overseas
Employment
Administration based on the Memorandum
Circular No. 2 and Executive Order No. 797.
The Memorandum Circular No. 2 stipulated
the death benefits and burial expenses for the
family of the Overseas Filipino Worker
(OFW). The petitioner, who is the owner of
the vessel, argued that the complaint is
cognizablenot by the POEA but the SSS and
should have filed against the state insurance
fund. After considering the position paper of
both party, the POEA assumed jurisdiction in
favor of thecomplainant (Kathleen Saco).
The petitioner argued that the deceased
employee (Vitaliano Saco) should be
similarwith the employees of the Philippine
Airlines (PAL) in which they are working
abroad but theyare not considered as
Overseas Filipino Worker (OFW).
The
petitioner also questioned thevalidity of
Memorandum
Circular
No.
2
as
violative of the principle of nondelegation
oflegislative powers. The
petitioner contends that the POEA has no
authority to promulgate thesaid regulation
and even with the authorization, the
regulation
must
exercise
a
legislativediscretion which under the
principle is not subject to delegation. The
Petition was dismissed with cost against the
petitioner.
Facts of the case
1. On March 15, 1985, Vitaliano Saco, who is
the husband of the respondent (Kathleen
Saco)and a Chief Officer of M/V Eastern
Polaris, was killed in an accident in Tokyo,
Japan.
2. The widow filed a complaint against the
Easter Shipping Lines with the Philippine
OverseasEmployment Administration based
on the Memorandum Circular No. 2 and
Executive Order No.797. The Memorandum
Circular No. 2 stipulated the death benefits
and burial expenses for thefamily of the
Overseas Filipino Worker (OFW).
3. The private respondent was awarded the
sum of 192,000 by the POEA for the death of
herhusband.
This
decision
was
challenged by the petitioner (Eastern
Shipping Lines) on theprincipal ground
that the POEA had no jurisdiction over the
case of Saco since he is not anoverseas
worker.
4. The petitioner also questioned the validity
of Memorandum Circular No. 2 as violative
of theprinciple of non-delegation of
legislative powers. The petitioner contends
that the POEA has no authority to promulgate
the said regulation and even with the
authorization, the regulationmust exercise a
legislative discretion which under the
principle is not subject to delegation. The
POEA assumed the jurisdiction and decided
the case
Issue
1. W/N the POEA has jurisdiction over the
case, even though Vitaliano Saco was not an
overseas worker as contended by Eastern
Shipping Lines
2. W/N Memorandum Circular No. 2 itself is
violative of the principles of non-delegation
of legislative powers.
Rationale/Legal Basis1. Yes, Vitaliano Saco
was an overseas employee of the Eastern
Shipping Lines at the time theaccident
happened since he died while under a
contract of employment with the petitioner
andthe petitioner’s vessel in a foreign
country. Under the 1985 Rules of Regulation
on Overseasemployment it is defined that an
“Overseas Employment is an employment of
a worker outsidethe Philippines, including
employment in board vessels plying
international water, covered by avalid
contract”.2. No, there was no principles
violated. The POEA has an authority to the
regulation as stated inSection 4 (a) of
Executive Order No. 797, “The governing
Board of the Administration (POEA),as
hereunder provided shall promulgate the
necessary rules and regulations to
govern
theexercise of the adjudicatory
function of the administration (POEA)”. The
legislative discretion asto the substantive
contents of the law cannot be delegated. The
things that can be delegated is thediscretion
to determine how the law may be enforced,
not the law shall be. In the discretion ofhow
the law shall be is a prerogative of the
legislature.
The prerogative cannot be abdicated bythe
legislature to the delegate. There are two
accepted tests to know whether the delegation
of legislative power is valid or not:a.
Completeness test – The law is complete in
all its terms and conditions when it leaves the
legislature so that the delegate will only
enforce it. b. Sufficient Standard test – there
is an adequate guideline in the law to map out
the
boundaries of the delegate’s authority
and prevent the delegation from running
ariot.
The reason for the delegation of legislative
power is the increasing complexity of the task
ofgovernment and the inability of the
legislature to cope directly with the
myriad problemsdemanding its attention.
The growth of the society created peculiar
and sophisticated problemsthat the legislature
cannot reasonable comprehend. Thus, a
solution is having a delegate who issupposed
to be an expert in the particular field. The
reasons for the delegation of legislative
powers in general are particularly applicable
toadministrative
bodies. With
the
proliferation of specialized activities and
their attendant topeculiar problems, the
national legislature has found it more and
more necessary to entrust toadministrative
agencies the authority to issue rules to carry
out the general provision of thestatute which
is called the “power of subordinate
legislation”.
With
this
power,
administrativebodies may implement the
broad policies laid down in statute by filling
in the details which thecongress may not
provide. In the case, Memorandum Circular
No. 2 is one of the administrative regulation.
The President is immune from suit during his
incumbency.
The petition is hereby DISMISSED with the
cost against the petitioner.
4. There is nothing in our laws that would
prevent the President from waiving the
privilege. The President may shed the
protection afforded by the privilege. (Soliven
v. Makasiar, G.R. No. 82585, November 14,
1988)
TOPIC 2: EXECUTIVE DEPARTMENT
Head of the executive department
The President is both the head of State and
head of government; hence, executive power
is exclusively vested on him.
PRIVILEGES,
INHIBITIONS
DISQUALIFICATIONS
AND
Rules on executive immunity
A. Rules on immunity during tenure (not
term):
1. The President is immune from suit during
his tenure. (In re: Bermudez, G.R. No. 76180,
October 24, 1986)
2. An impeachment complaint may be filed
against him during his tenure. (Art. XI)
3. The President may not be prevented from
instituting suit. (Soliven v. Makasiar, G.R.
No. 82585, November 14, 1988)
5. Heads of departments cannot invoke the
President’s immunity. (Gloria v. Court of
Appeals, G.R. No. 119903, August 15, 2000)
IMMUNITY AND PRIVILEGES
B. Rule on immunity after tenure:
Privileges of the President and VicePresident
Once out of office, even before the end of the
6-year term, immunity for non-official acts is
lost.
Purpose of presidential immunity
PRESIDENTIAL IMMUNITY
Presidential or executive immunity
1. Separation of powers – The separation of
powers principle is viewed as demanding the
executive’s independence from the judiciary,
so that the President should not be subject to
the judiciary’s whim. (Almonte v. Vasquez,
G.R. No. 95367, May 23, 1995)
2. Public convenience – The grant is to
assure the exercise of presidential duties and
functions free from any hindrance or
distraction, considering that the presidency is
a job that, aside from requiring all of the
office-holders’ time, demands undivided
attention. (Soliven v. Makasiar, G.R. No.
82585, November 14, 1988)
Principle of command responsibility
According to Fr. Bernas, “command
responsibility,” in its simplest terms, means
the “responsibility of commanders for crimes
committed by subordinate members of the
armed forces or other persons subject to their
control in international wars or domestic
conflict.”
It is “an omission mode of individual
criminal liability,” whereby the superior is
made responsible for crimes committed by
his subordinates for failing to prevent or
punish the perpetrators (as opposed to crimes
he ordered). (Rubrico, et al. v. GMA, et al.,
G.R. No. 183871, February 18, 2010)
Presidential or executive privilege
The power of the President and high-level
executive branch officers to withhold certain
types of information from Congress, the
courts, and ultimately the public.
Invocation of the privilege
Executive privilege must be invoked in
relation to specific categories of information
and not to categories of persons.
NOTE: While executive privilege is a
constitutional concept, a claim thereof may
be valid or not depending on the ground
invoked to justify it and the context in which
it is made. Noticeably absent is any
recognition that executive officials are
exempt from the duty to disclose information
by the mere fact of being executive officials.
Prohibitions attached to the President, VicePresident, Cabinet Members, and their
deputies or assistants, unless otherwise
provided in the Constitution
1. Shall not receive any other emolument
from the government or any other source
(Sec. 6, Art. VII)
2. Shall not hold any other office or
employment during their tenure unless:
a. Otherwise provided in the
Constitution (e.g. VP can be appointed as a
Cabinet Member without the need of
confirmation
by
Commission
on
Appointments; Sec. of Justice sits in the
Judicial and Bar Council)
b. The positions are ex-officio and they
do not receive any salary or other
emoluments therefor (e.g. Sec. of Finance is
head of the Monetary Board)
NOTE: This prohibition must not, however,
be construed as applying to posts occupied by
the Executive officials without additional
compensation in an ex-officio capacity, as
provided by law and as required by the
primary functions of the said official’s office.
(National Amnesty Commission v. COA,
G.R. No. 156982, September 2, 2004)
3. Shall not practice, directly or indirectly,
any other profession during their tenure
4. Shall not participate in any business
5. Shall not be financially interested in any
contract with, or in any franchise, or special
privilege granted by the Government,
including GOCCs
6. Shall avoid conflict of interest in conduct
of office
regulations and municipal ordinances, as well
as treaties entered into by the government.
7. Shall avoid nepotism (Sec. 13, Art. VII)
Power of administrative reorganization
NOTE: The spouse and relatives by
consanguinity or affinity within the 4th civil
degree of the President shall not, during his
tenure, be appointed as:
The President has the continuing authority to
reorganize the national government, which
includes the power to group, consolidate
bureaus and agencies, to abolish offices, to
transfer functions, to create and classify
functions, services and activities and to
standardize salaries and materials; it is
effected in good faith if it is for the purpose
of economy or to make bureaucracy more
efficient. (MEWAP v. Executive Secretary,
G.R. No. 160093, July 31, 2007)
a. Members of the Constitutional
Commissions;
b. Office of the Ombudsman;
c. Secretaries;
d. Undersecretaries;
e. Chairmen or heads of bureaus or
offices, including GOCCs and their
subsidiaries.
If the spouse, etc., was already in any of the
above offices at the time before his/her
spouse became President, he/she may
continue in office. What is prohibited is
appointment and reappointment, not
continuation in office. Spouses, etc., can be
appointed to the judiciary and as ambassadors
and consuls.
Executive Power
Power vested in the President of the
Philippines. The President shall have control
of all executive departments, bureaus and
offices. He shall ensure that laws are
faithfully executed. (Sec. 17, Art. VII, 1987
Constitution)
Faithful Execution Clause
The power to take care that the laws be
faithfully executed makes the President a
dominant figure in the administration of the
government. The law he is supposed to
enforce includes the Constitution, statutes,
judicial decisions, administrative rules and
Scope of executive power
1. Executive power is vested in the President
of the Philippines. (Sec. 1, Art. VII, 1987
Constitution)
2. It is not limited to those set forth in the
Constitution (Residual powers). (Marcos v.
Manglapus, G.R. No. 88211, October 27,
1989)
3. Privilege of immunity from suit is personal
to the President and may be invoked by him
alone. It may also be waived by the President,
as when he himself files suit. (Soliven v.
Makasiar, G.R. No. 82585, November 14,
1988)
4. The President cannot dispose of state
property unless authorized by law. (Laurel v.
Garcia, G.R. No. 92013, July 25, 1990)
Specific powers of the President
1. Appointing power (Sec. 16, Art. VII)
2. Power of control over all executive
departments, bureaus and offices (Sec. 17,
Art. VII)
3. Commander-in-Chief powers (calling-out
power, power to place the Philippines under
martial law, and power to suspend the
privilege of the writ of habeas corpus) (Sec.
18, Art. VII)
4. Pardoning power (Sec. 19, Art. VII)
5. Borrowing power (Sec. 20, Art. VII)
6. Diplomatic/Treaty-making power (Sec. 21,
Art. VII)
7. Budgetary power (Sec. 22, Art. VII)
8. Informing power (Sec. 23, Art. VII)
9. Veto power (Sec. 27, Art. VI)
10. Power of general supervision over local
governments (Sec. 4, Art. X)
11. Power to call special session (Sec. 15, Art.
VI)
Administrative power
Power concerned with the work of applying
policies and enforcing orders as determined
by proper governmental organs. It enables the
President to fix a uniform standard of
administrative efficiency and check the
official conduct of his agents. To this end, he
can issue administrative orders, rules and
regulations. (Ople v. Torres, G.R. No.
127685, July 23, 1998
Sec. 15, Art. VII of the 1987 Constitution
prohibits the President from making
appointments two months before the next
presidential elections and up to the end of his
term.
Prohibited appointments under Sec. 15,
Art. VII of the Constitution
1. Those made for buying votes – refers to
those appointments made within two months
preceding the Presidential election and are
similar to those which are declared election
offenses in the Omnibus Election Code; and
2. Those made for partisan considerations –
consists of the so-called “midnight”
appointments. (In Re: Hon. Mateo A.
Valenzuela and Hon. Placido B. Vallarta,
A.M. No. 98-5-01-SC November 9, 1998)
Power of removal
General Rule: From the express power of
appointment, the President derives the
implied power of removal.
Exception: Those appointed by him where
the Constitution prescribes certain methods
for separation from public service (e.g.
impeachment).
Source of power of removal
The President derives his implied power of
removal from other powers expressly vested
in him.
1. It is implied from his power to appoint.
2. Being executive in nature, it is implied
from the constitutional provision vesting the
executive power in the President.
3. It may be implied from his function to take
care that laws be properly executed; for
without it, his orders for law enforcement
might not be effectively carried out.
4. The power may be implied from the
President’s control over the administrative
departments, bureaus, and offices of the
government. Without the power to remove, it
would not be always possible for the
President to exercise his power of control.
Limitation on the power of removal of the
President
Not all officials appointed by the President
are also removable by him since the
Constitution prescribes certain methods for
the separation from the public service of such
officers.
NOTE: Members of the career service of the
Civil Service who are appointed by the
President may be directly disciplined by him
(Villaluz v. Zaldivar, G.R. No. L-22754,
December 31, 1965) provided that the same
is for cause and in accordance with the
procedure prescribed by law.
Members of the Cabinet and such officers
whose continuity in office depend upon the
President may be replaced at any time.
Legally speaking, their separation is effected
not by the process of removal but by the
expiration of their term. (Aparri v. CA, G.R.
No. L-30057, January 31, 1984)
Power of control
The power of an officer to alter or modify or
nullify or to set aside what a subordinate has
done in the performance of his duties and to
substitute one’s own judgment for that of a
subordinate.
NOTE: The President’s power over GOCCs
comes not from the Constitution, but from
statute. Hence, it may be taken away by
statute.
The President has full control of all the
members of his Cabinet. He may appoint
them as he sees fit, shuffle them at pleasure,
and replace them in his discretion without
any legal inhibition whatever. However, such
control is exercisable by the President only
over the acts of his subordinates and not
necessarily over the subordinate himself.
(Ang-Angco v. Castillo, G.R. No.L-17169,
November 30, 1963)
Doctrine of Qualified Political Agency or
Alter Ego Principle
The acts of the secretaries of the Executive
departments performed and promulgated in
the regular course of business are
presumptively the acts of the Chief
Executive. (Villena v. Secretary of the
Interior, G.R. No. L-46570, April 21, 1939)
Exceptions to the Alter Ego doctrine
1. If the acts are disapproved or reprobated by
the President;
2. If the President is required to act in person
by law or by the Constitution.
NOTE: The SC held that the Secretary of
Finance can act as an agent of the Legislative
Dept. to determine and declare the event upon
which its expressed will is to take effect.
Thus, being the agent of Congress and not of
the President, the latter cannot alter, or
modify or nullify, or set aside the findings of
the Secretary of Finance and to substitute the
judgment of the former for that of the latter.
(ABAKADA Guro v. Executive Secretary,
G.R. No. 168056, September 1, 2005)
Essence of the Alter Ego doctrine
Since the President is a busy man, he is not
expected to exercise the totality of his power
of control all the time. He is not expected to
exercise all his powers in person. He is
expected to delegate some of them to men of
his confidence, particularly to members of his
Cabinet.
NOTE: Applying this doctrine, the power of
the President to reorganize the National
Government may be validly delegated to his
Cabinet Members exercising control over a
particular executive department. (DENR v.
DENR Region XII Employees, G.R. No.
149724, August 19, 2003)
Military Powers of the President
Scope of the President’s Commander-inChief Powers
1. Command of the Armed Forces – The
Commander-in-Chief clause vests on the
President, as Commander-in-Chief, absolute
authority over the persons and actions of the
members of the armed forces. (Gudani v.
Senga, G.R. No. 170165, August 15, 2006)
NOTE: By making the President the
Commander-in-Chief of all the armed forces,
the principle announced in Art. II, Sec. III is
bolstered. Thus, the Constitution lessens the
danger of a military take-over of the
government in violation of its republican
nature.
The President as Commander-in-Chief can
prevent the Army General from appearing in
a legislative investigation and, if disobeyed,
can subject him to court martial. (Gudani v.
Senga, G.R. No. 170165, August 15, 2006)
Chief a “sequence” of “graduated powers.”
(Sanlakas v. Executive Secretary, G.R. No.
159085, February 3, 2004)
3. Suspension of the privilege of the writ of
habeas corpus
NOTE: A “writ of habeas corpus” is an
order from the court commanding a detaining
officer to inform the court if he has the person
in custody, and what is his basis in detaining
that person.
The “privilege of the writ” is that portion of
the writ requiring the detaining officer to
show cause why he should not be tested.
What is permitted to be suspended by the
President is not the writ itself but its privilege
4. He may proclaim martial law over the
entire Philippines or any part thereof.
Requisites for the suspension of the privilege
of the writ of habeas corpus
2. Calling-out powers – Call the armed
forces to prevent or suppress lawless
violence, invasion, or rebellion. The only
criterion for the exercise of this power is that
whenever it becomes necessary.
1. There must be an invasion or rebellion; and
NOTE: The declaration of a state of
emergency is merely a description of a
situation which authorizes her to call out the
Armed Forces to help the police maintain law
and order. It gives no new power to her, nor
to the police. Certainly, it does not authorize
warrantless arrests or control of media.
(David v. Ermita, G.R. No. 171409, May 3,
2006)
Non-impairment of the right to bail
The Constitution does not require the
President to declare a state of rebellion to
exercise her calling out power. Sec. 18, Art.
VII grants the President, as Commander-in-
2. Public safety requires the suspension
NOTE: The invasion and rebellion must be
actual and not merely imminent.
The right to bail shall not be impaired even
when the privilege of the writ of habeas
corpus is suspended. (Sec. 13, Art. III, 1987
Constitution)
Limitations on the suspension of the privilege
of writ of habeas corpus
1. Applies only to persons judicially charged
for rebellion or offenses inherent in or
directly connected with invasion; and
2. Anyone arrested or detained during
suspension must be charged within 3 days.
Otherwise, he should be released.
Guidelines in the declaration of martial law
1. There must be an invasion or rebellion, and
2. Public safety requires the proclamation of
martial law all over the Philippines or any
part thereof.
3. Duration: Not more than 60 days following
which it shall be automatically lifted unless
extended by Congress.
4. Duty of the President to report to Congress:
within 48 hours personally or in writing.
5. Authority of Congress to revoke or extend
the effectivity of proclamation: by majority
vote of all of its members voting jointly.
NOTE: Once revoked by Congress, the
President cannot set aside the revocation.
Limitations on the declaration of martial
law
1. It does not suspend the operation of the
Constitution;
2. It does not supplant the functioning of the
civil courts or legislative assemblies;
3. It does not authorize conferment of
jurisdiction over civilians where civil courts
are able to function;
NOTE: Civilians cannot be tried by military
courts if the civil courts are open and
functioning (Open Court Doctrine). (Olaguer
v. Military Commission No. 34, G.R. No. L54558, May 22, 1987)
4. It does not automatically suspend the
privilege of the writ of habeas corpus. (Sec.
18 (2), Art. VII)
NOTE: When martial law is declared, no
new powers are given to the President; no
extension of arbitrary authority is recognized;
no civil rights of individuals are suspended.
The relation of the citizens to their State is
unchanged. The Supreme Court cannot rule
upon the correctness of the President’s
actions but only upon its arbitrariness.
Ways to lift the proclamation of martial
law
1. Lifting by the President himself
2. Revocation by Congress
3. Nullification by the SC
4. By operation of law after 60 days (Sec. 18,
Art. VII)
Nature of martial law
Martial law is a joint power of the President
and the Congress. Although Art. VII, Sec. 18
of the 1987 Constitution vests in the
President the power to proclaim martial law
or suspend the privilege of the writ of habeas
corpus, he shares such power with the
Congress. Thus:
1. The President’s proclamation or
suspension is temporary, good for only 60
days;
2. He must, within 48 hours of the
proclamation or suspension, report his action
in person or in writing to Congress;
3. Both houses of Congress, if not in session
must jointly convene within 24 hours of the
proclamation or suspension for the purpose of
reviewing its validity; and
4. The Congress, voting jointly, may revoke
or affirm the President’s proclamation or
suspension, allow their limited effectivity to
lapse, or extend the same if Congress deems
warranted.
It is evident that under the 1987 Constitution
the President and the Congress act in tandem
in exercising the power to proclaim martial
law or suspend the privilege of the writ of
habeas corpus. They exercise the power, not
only sequentially, but in a sense jointly since,
after the President has initiated the
proclamation or the suspension, only the
Congress can maintain the same based on its
own evaluation of the situation on the ground,
a power that the President does not have.
(Fortun v. Macapagal-Arroyo, G.R. No.
190293, March 20, 2012)
Role of the Supreme Court in inquiring into
the factual bases of the President’s
declaration of a state of national emergency
While it is true that the Court may inquire into
the factual bases for the President’s exercise
of the above power, it would generally defer
to her judgment on the matter. It is clearly to
the President that the Constitution entrusts
the determination of the need for calling out
the armed forces to prevent and suppress
lawless violence. Unless it is shown that such
determination was attended by grave abuse of
discretion, the Court will accord respect to
the President’s judgment. (Datu Zaldy Uy
Ampatuan, et al. v. Hon. Ronaldo Puno, et al.,
G.R. No. 190259. June 7, 2011)
Pardon
An act of grace, which exempts individual on
whom it is bestowed from punishment which
the law inflicts for a crime he has committed.
As a consequence, pardon granted after
conviction frees the individual from all the
penalties and legal disabilities and restores
him to all his civil rights. But unless
expressly grounded on the person’s
innocence (which is rare), it cannot bring
back lost reputation for honesty, integrity and
fair dealing. (Monsanto v. Factoran, G.R. No.
78239, February 9, 1989)
NOTE: Because pardon is an act of grace, no
legal power can compel the President to give
it. Congress has no authority to limit the
effects of the President’s pardon, or to
exclude from its scope any class of offenders.
Courts may not inquire into the wisdom or
reasonableness of any pardon granted by the
President.
Purpose of pardon
Relieve the harshness of the law or correcting
mistakes in the administration of justice. The
power of executive clemency is a nondelegable power and must be exercised by the
President personally.
NOTE: Clemency is not a function of the
judiciary; it is an executive function. The
grant is discretionary, and may not be
controlled by the legislature or reversed by
the court, save only when it contravenes its
limitations. It includes cases involving both
criminal and administrative cases.
Limitations on the President’s pardoning
power
1. Cannot be granted in
impeachment. (Sec. 2, Art. XI)
cases
of
2. Cannot be granted for violations of election
laws without favorable recommendations of
the COMELEC.
3. Can be granted only after convictions by
final judgment (except amnesty).
4. Cannot be granted in cases of civil or
legislative contempt.
5. Cannot absolve convict of civil liability.
6. Cannot restore public offices forfeited.
Kinds of pardon
4. Contract and guarantee foreign loans on
behalf of RP. (Sec. 20, Art. VII)
5. Deport aliens:
As to presence of condition:
a. Absolute pardon – One extended without
any conditions.
b. Conditional pardon – One under which
the convict is required to comply with certain
requirements.
As to effect:
a. Plenary pardon – Extinguishes all the
penalties imposed upon the offender,
including accessory disabilities partial
pardon does not extinguish all penalties.
b. Partial pardon – Does not extinguish all
the penalties.
a. This power is vested in the President by
virtue of his office, subject only to
restrictions as may be provided by legislation
as regards to the grounds for deportation.
(Sec. 69, Revised Administrative Code)
b. In the absence of any legislative
restriction to authority, the President may still
exercise this power.
c. The power to deport aliens is limited
by the requirements of due process, which
entitles the alien to a full and fair hearing.
Scope of the foreign relations powers of the
President
d. An alien has the right to apply for bail
provided certain standard for the grant is
necessarily met. (Government of Hong Kong
Special Administrative Region v. Olalia,
G.R.No. 153675, April 19, 2007)
1. Negotiate treaties and other international
agreements. However, such treaty or
international agreement requires the
concurrence of the Senate (Sec. 21, Art. VII)
which may opt to do the following:
NOTE: The adjudication of facts upon which
the deportation is predicated devolved on the
President whose decision is final and
executory. (Tan Tong v. Deportation Board,
G.R. No. L-7680, April 30, 1955)
Diplomatic Power
a. Approve with 2/3 majority;
6. Decide that a diplomatic officer who has
become persona non grata be recalled.
b. Disapprove outright; or
c. Approve conditionally, with suggested
amendments which if re-negotiated and the
Senate’s suggestions are incorporated, the
treaty will go into effect without need of
further Senate approval.
7. Recognize governments and withdraw
recognition.
2. Appoint ambassadors,
ministers, and consuls.
2. The status
independence
other
public
3. Receive ambassadors and other public
ministers accredited to the Philippines.
Sources of the President’s diplomatic powers
1. The Constitution
of
sovereignty
and
A provision in a bill which does not relate to
a particular appropriation stated in the bill.
Since it is an invalid provision under Sec. 25,
par. 2, Art. VII, 1987 Constitution, the
President may veto it as an item.
NOTE: The President’s powers over foreign
affairs makes the President the chief architect
of foreign relations. By reason of the
President's unique position as Head of State,
he is the logical choice as the nation's
spokesman in foreign relations. The Senate,
on the other hand, is granted the right to share
in the treaty-making power of the President
by concurring with him with the right to
amend.
RESIDUAL POWER
Whatever power inherent in the government
that is neither legislative nor judicial has to be
executive. These unstated residual powers are
implied from the grant of executive power
and which are necessary for the President to
comply with his duties under the
Constitution. (Marcos v. Manglapus, G.R.
No. 88211, October 27, 1989)
Article VII
EXECUTIVE DEPARTMENT
Section 1. The executive power shall be
vested in the President of the Philippines.
Section 2. No person may be elected
President unless he is a natural-born citizen
of the Philippines, a registered voter, able to
read and write, at least forty years of age on
the day of the election, and a resident of the
Philippines for at least ten years immediately
preceding such election.
Section 3. There shall be a Vice-President
who shall have the same qualifications and
term of office and be elected with, and in the
same manner, as the President. He may be
removed from office in the same manner as
the President.
The Vice-President may be appointed as a
Member of the Cabinet. Such appointment
requires no confirmation.
Section 4. The President and the VicePresident shall be elected by direct vote of the
people for a term of six years which shall
begin at noon on the thirtieth day of June next
following the day of the election and shall
end at noon of the same date, six years
thereafter. The President shall not be eligible
for any re-election. No person who has
succeeded as President and has served as
such for more than four years shall be
qualified for election to the same office at any
time.
No Vice-President shall serve for more than
two successive terms. Voluntary renunciation
of the office for any length of time shall not
be considered as an interruption in the
continuity of the service for the full term for
which he was elected.
Unless otherwise provided by law, the regular
election for President and Vice-President
shall be held on the second Monday of May.
The returns of every election for President
and Vice-President, duly certified by the
board of canvassers of each province or city,
shall be transmitted to the Congress, directed
to the President of the Senate. Upon receipt
of the certificates of canvass, the President of
the Senate shall, not later than thirty days
after the day of the election, open all the
certificates in the presence of the Senate and
the House of Representatives in joint public
session,
and
the
Congress,
upon
determination of the authenticity and due
execution thereof in the manner provided by
law, canvass the votes
The person having the highest number of
votes shall be proclaimed elected, but in case
two or more shall have an equal and highest
number of votes, one of them shall forthwith
be chosen by the vote of a majority of all the
Members of both Houses of the Congress,
voting separately.
If the President-elect fails to qualify, the Vice
President-elect shall act as President until the
President-elect shall have qualified.
The Congress shall promulgate its rules for
the canvassing of the certificates.
If a President shall not have been chosen, the
Vice President-elect shall act as President
until a President shall have been chosen and
qualified.
The Supreme Court, sitting en banc, shall be
the sole judge of all contests relating to the
election, returns, and qualifications of the
President or Vice-President, and may
promulgate its rules for the purpose.
If at the beginning of the term of the
President, the President-elect shall have died
or shall have become permanently disabled,
the Vice President-elect shall become
President.
Section 5. Before they enter on the execution
of their office, the President, the VicePresident, or the Acting President shall take
the following oath or affirmation:
Where no President and Vice-President shall
have been chosen or shall have qualified, or
where both shall have died or become
permanently disabled, the President of the
Senate or, in case of his inability, the Speaker
of the House of Representatives, shall act as
President until a President or a Vice-President
shall have been chosen and qualified.
“I do solemnly swear [or affirm] that I will
faithfully and conscientiously fulfill my duties
as President [or Vice-President or Acting
President] of the Philippines, preserve and
defend its Constitution, execute its laws, do
justice to every man, and consecrate myself
to the service of the Nation. So help me God.”
[In case of affirmation, last sentence will be
omitted].
Section 6. The President shall have an
official residence. The salaries of the
President and Vice-President shall be
determined by law and shall not be decreased
during their tenure. No increase in said
compensation shall take effect until after the
expiration of the term of the incumbent
during which such increase was approved.
They shall not receive during their tenure any
other emolument from the Government or
any other source.
Section 7. The President-elect and the Vice
President-elect shall assume office at the
beginning of their terms.
The Congress shall, by law, provide for the
manner in which one who is to act as
President shall be selected until a President or
a Vice-President shall have qualified, in case
of death, permanent disability, or inability of
the officials mentioned in the next preceding
paragraph.
Section 8. In case of death, permanent
disability, removal from office, or resignation
of the President, the Vice-President shall
become the President to serve the unexpired
term. In case of death, permanent disability,
removal from office, or resignation of both
the President and Vice-President, the
President of the Senate or, in case of his
inability, the Speaker of the House of
Representatives, shall then act as President
until the President or Vice-President shall
have been elected and qualified.
The Congress shall, by law, provide who shall
serve as President in case of death, permanent
disability, or resignation of the Acting
President. He shall serve until the President
or the Vice-President shall have been elected
and qualified, and be subject to the same
restrictions of powers and disqualifications as
the Acting President.
Section 9. Whenever there is a vacancy in the
Office of the Vice-President during the term
for which he was elected, the President shall
nominate a Vice-President from among the
Members of the Senate and the House of
Representatives who shall assume office
upon confirmation by a majority vote of all
the Members of both Houses of the Congress,
voting separately.
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 VI 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 VI 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.
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 VicePresident 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.
If the Congress, within ten days after receipt
of the last written declaration, or, if not in
session, within twelve days after it is required
to assemble, determines by a two-thirds vote
of both Houses, voting separately, that the
President is unable to discharge the powers
and duties of his office, the Vice-President
shall act as President; otherwise, the
President shall continue exercising the
powers and duties of his office.
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.
Section 13. The President, Vice-President,
the Members of the Cabinet, and their
deputies or assistants shall not, unless
otherwise provided in this Constitution, hold
any other office or employment during their
tenure. They shall not, during said tenure,
directly or indirectly, practice any other
profession, participate in any business, or be
financially interested in any contract with, or
in any franchise, or special privilege granted
by the Government or any subdivision,
agency, or instrumentality thereof, including
government-owned
or
controlled
corporations or their subsidiaries. They shall
strictly avoid conflict of interest in the
conduct of their office.
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 governmentowned or controlled corporations and their
subsidiaries.
Section 14. Appointments extended by an
Acting President shall remain effective,
unless revoked by the elected President,
within ninety days from his assumption or
reassumption of office.
Section 15. Two months immediately before
the next presidential elections and up to the
end of his term, a President or Acting
President shall not make appointments,
except temporary appointments to executive
positions when continued vacancies therein
will prejudice public service or endanger
public safety.
Section 16. The President shall nominate
and, with the consent of the Commission on
Appointments, appoint the heads of the
executive departments, ambassadors, other
public ministers and consuls, or officers of
the armed forces from the rank of colonel or
naval captain, and other officers whose
appointments are vested in him in this
Constitution. He shall also appoint all other
officers of the Government whose
appointments are not otherwise provided for
by law, and those whom he may be authorized
by law to appoint. The Congress may, by law,
vest the appointment of other officers lower
in rank in the President alone, in the courts,
or in the heads of departments, agencies,
commissions, or boards.
The President shall have the power to make
appointments during the recess of the
Congress, whether voluntary or compulsory,
but such appointments shall be effective only
until disapproved by the Commission on
Appointments or until the next adjournment
of the Congress.
Section 17. The President shall have control
of all the executive departments, bureaus, and
offices. He shall ensure that the laws be
faithfully executed.
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 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.
Section 19. Except in cases of impeachment,
or as otherwise provided in this Constitution,
the President may grant reprieves,
commutations, and pardons, and remit fines
and forfeitures, after conviction by final
judgment.
He shall also have the power to grant amnesty
with the concurrence of a majority of all the
Members of the Congress.
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 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.
Section 21. No treaty or international
agreement shall be valid and effective unless
concurred in by at least two-thirds of all the
Members of the Senate.
Section 22. The President shall submit to the
Congress, within thirty days from the
opening of every regular session as the basis
of the general appropriations bill, a budget of
expenditures and sources of financing,
including receipts from existing and
proposed revenue measures.
Section 23. The President shall address the
Congress at the opening of its regular session.
He may also appear before it at any other
time.
Topic 3: The Judiciary
Judicial power
Judicial review
The power of the SC to declare a law, treaty,
ordinance and other governmental act
unconstitutional.
NOTE: When the judiciary mediates to
allocate constitutional boundaries, it does not
assert any superiority over other departments;
it does not in reality nullify or invalidate an
act of the legislature, but only asserts the
solemn and sacred obligation assigned to it
by the Constitution to determine conflicting
claims of authority under the Constitution
and to establish for the parties in an actual
controversy the rights which that instrument
secures and guarantees to them. This is in
truth all that is involved in what is termed as
‘judicial supremacy’, which properly is the
power of judicial review under the
Constitution. (Angara v. The Electoral
Commission, et. al., G.R. No. L-45081, July
15, 1936)
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.
(Sec. 1[2], Art. VIII)
Requisites of judicial review
Body vested with judicial power
NOTE: But even with the presence of an
actual case or controversy, the Court may
refuse judicial review unless a party who
possesses locus standi or the standing to
challenge it brings the constitutional question
or the assailed illegal movement or act before
it.
It is vested in one Supreme Court (SC) and
such lower courts as may be established by
law. (Sec. 1, Art. VIII)
Judicial inquiry
The power of the court to inquire into the
exercise of discretionary powers to determine
whether there has been a grave abuse of
discretion amounting to lack or excess of
jurisdiction.
1. Actual case – An existing case or
controversy which is both ripe for resolution
and susceptible of judicial determination, and
that which is not conjectural or anticipatory,
or that which seeks to resolve hypothetical or
feigned constitutional problems.
2. Proper party – One who has sustained or
is in immediate danger of sustaining an injury
as a result of the act complained of. To have
standing, one must show that 1) he has
suffered some actual or threatened injury as a
result of the allegedly illegal conduct of the
government; 2) the injury is fairly traceable
to the challenged action; 3) the injury is likely
to be redressed by a favorable action.
(Francisco, Jr. & Hizon v. Toll Regulatory
Board, et. al., G.R. Nos. 166910, October 19,
2010)
constitutionality of the law will not be
touched.
3. Earliest opportunity – Constitutional
question must be raised at the earliest
possible opportunity.
2. The valid portion can stand independently
as law.
General Rule: It must be raised in pleadings.
Exceptions:
1. Criminal case – It may be brought at any
stage of the proceedings according to the
discretion of the judge (trial or appeal)
because no one shall be brought within the
terms of the law who are not clearly within
them and the act shall not be punished when
the law does not clearly punish them.
2. Civil case – It may be brought anytime if
the resolution of the constitutional issue is
inevitable in resolving the main issue.
3. When the jurisdiction of the lower court is
in question except when there is estoppel.
NOTE: The earliest opportunity to raise a
constitutional issue is to raise it in the
pleadings before a competent court that can
resolve the same, such that, if not raised in the
pleadings, it cannot be considered in trial and,
if not considered in trial, it cannot be
considered on appeal.
4. Necessity of deciding constitutional
questions – As a joint act of the legislative
and executive authorities, a law is supposed
to have been carefully studied and
determined to be constitutional before it was
finally enacted. As long as there are other
bases which courts can use for decision,
Requisites before a law can be declared
partially unconstitutional
1. The legislature must be willing to retain
valid portion (separability clause);
Principle of Stare Decisis
Deemed of imperative authority, controlling
the decisions of like cases in the same court
and in lower courts within the same
jurisdiction, unless and until the decision in
question is reversed or overruled by a court
of competent authority. (De Castro v. JBC,
G.R. No. 191002, April 20, 2010)
Slippery Slope Doctrine
The slippery slope argument is the claim that
"we ought not to make a sound decision
today, for fear of having to draw a sound
distinction tomorrow.” To critics of slippery
slope arguments, the arguments themselves
sound like a slippery slope: if you accept this
slippery slope argument, then you'll end up
accepting the next one and then the next one
until you eventually slip down the slope to
rejecting all government power (or all change
from the status quo), and thus "break down
every useful institution of man.
Doctrine of Operative Fact
Under this doctrine, the law is recognized as
unconstitutional but the effects of the
unconstitutional law, prior to its declaration
of nullity, may be left undisturbed as a matter
of equity and fair play. It is a rule of equity.
(League of Cities of the Philippines v.
COMELEC, G.R. No. 176951, November
18, 2008)
NOTE: The invocation of this doctrine is an
admission that the law is unconstitutional.
Applicability on executive acts
The Operative Fact Doctrine also applies to
executive acts subsequently declared as
invalid. A decision made by the president or
the administrative agencies has to be
complied with because it has the force and
effect of law. (Hacienda Luisita Inc., v.
Presidential Agrarian Reform Council, et. al.,
G.R. No. 171101, November 22, 2011)
4. The case is capable of repetition yet
evading review.
Political questions
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. (Tañada v.
Cuenco, G.R. No. L-10520, February 28,
1957)
Justiciable questions v. Political questions
Moot questions
Questions on which a judgment cannot have
any practical legal effect or, in the nature of
things, cannot be enforced.
Moot and academic
It is moot and academic when it ceases to
present a justiciable controversy by virtue of
supervening events so that a declaration
thereon would be of no practical use or value.
Court actions over moot and academic
cases
General Rule: The courts should decline
jurisdiction over such cases or dismiss it on
ground of mootness.
Exceptions:
1. There is a grave violation of the
Constitution
2. There is an exceptional character of the
situation and the paramount public interest is
involved
3. When the constitutional issue raised
requires formulation of controlling principles
to guide the bench, the bar, and the public
Effect of the expanded definition of
judicial power on the political question
doctrine
The 1987 Constitution expands the concept
of judicial review. Under the expanded
definition, the Court cannot agree that the
issue involved is a political question beyond
the jurisdiction of the court to review. When
the grant of power is qualified, conditional or
subject to limitations, the issue of whether the
prescribed qualifications or conditions have
been met or the limitations respected is
justiciable—the problem being one of
legality or validity, not its wisdom.
Moreover, the jurisdiction to delimit
constitutional boundaries has been given to
the SC. When political questions are
involved, the Constitution limits the
delimitation as to whether or not there has
been a grave abuse of discretion amounting
to lack or excess of jurisdiction on the part of
the official whose action is being questioned.
Constitutional safeguards that guarantee
the independence of the judiciary
1. The SC is a constitutional body and may
not be abolished by law.
2. Members are only removable by
impeachment. (Sec. 2, Art. XI, 1987
Constitution)
3. The SC may not be deprived of its
minimum and appellate jurisdiction;
appellate jurisdiction may not be increased
without its advice or concurrence. (Sec. 2, Art
VIII, 1987 Constitution)
4. The SC has administrative supervision
over all inferior courts and personnel. (Sec. 6,
Art. VIII, 1987 Constitution)
5. The SC has exclusive power to discipline
judges/justices of inferior courts. (Sec, 22,
Art. VIII, 1987 Constitution)
6. The members of the judiciary enjoy
security of tenure. (Sec. 2 [2], Art. VIII, 1987
Constitution)
7. The members of the judiciary may not be
designated to any agency performing quasijudicial or administrative functions. (Sec 12,
Art. VIII, 1987 Constitution)
8. The salaries of judges may not be reduced;
the judiciary enjoys fiscal autonomy. (Sec. 3,
Art. VIII, 1987 Constitution)
9. The SC alone may initiate the
promulgation of the Rules of Court. (Sec. 5
[5], Art. VIII, 1987 Constitution)
10. The SC alone may order temporary detail
of judges. (Sec. 5 [3], Art. VIII, 1987
Constitution)
11. The SC can appoint all officials and
employees of the Judiciary. (Sec. 5 [6], Art.
VIII, 1987 Constitution)
Constitutional
autonomy
guarantee
of
fiscal
In Bengzon v. Drilon, G.R. No. 103524, April
15, 1992, the SC explained that fiscal
autonomy contemplates a guarantee of full
flexibility to allocate and utilize resources
with the wisdom and dispatch that the needs
require. It recognizes the power and authority
to deny, assess and collect fees, fix rates of
compensation not exceeding the highest rates
authorized by law for compensation and pay
plans of the government and allocate and
disburse such sums as may be provided by
law or prescribed by it in the course of the
discharge of its functions.
Judicial appointment
The members of the judiciary are appointed
by the President of the Philippines from
among a list of at least three nominees
prepared by the Judicial and Bar Council
(JBC) for every vacancy.
NOTE: The appointment shall need no
confirmation from the Commission on
Appointments. (Sec. 9, Art. VIII)
Tenure of the members of the SC and
judges
Members of the SC and judges of lower
courts can hold office during good
behavior until:
1. The age of 70 years old; or
2. They become incapacitated to discharge
their duties.
General qualification for appointments to the
judiciary
Of proven competence, integrity, probity and
independence. (Sec. 7 [3], Art. VIII)
Qualifications for appointments to the SC
1. Natural born citizen of the Philippines;
2. At least 40 years of age;
3. A judge of a lower court or engaged in the
practice of law in the Philippines for 15 years
or more. (Sec. 7 [1], Art. VIII)
General qualifications for appointments to
lower collegiate courts
1. Natural born citizen of the Philippines;
2. Member of the Philippine Bar.
General qualifications for appointments to
lower courts
1. Citizen of the Philippines;
2. Member of the Philippine Bar.
NOTE: For both lower collegiate courts and
lower courts, Congress may prescribe other
qualifications. (Sec. 7 [1] and [2], Art. VIII)
Cases that should be heard by the SC en
banc
1. All cases involving the constitutionality of
a treaty, international or executive agreement,
or law;
2. All cases which under the Rules of Court
may be required to be heard en banc;
3. All cases involving the constitutionality,
application or operation of presidential
decrees, proclamations, orders, instructions,
ordinances, and other regulations;
4. Cases heard by a division when the
required majority in the division is not
obtained;
5. Cases where the SC modifies or reverses a
doctrine or principle of law previously laid
either en banc or in division;
6. Administrative cases involving the
discipline or dismissal of judges of lower
courts;
7. Election contests for president or vicepresident.
NOTE: Other cases or matters may be heard
in division, and decided or resolved with the
concurrence of a majority of the members
who actually took part in the deliberations on
the issues and voted thereon, but in no case
without the concurrence of at least three such
members.
No law shall be passed increasing the
appellate jurisdiction of the SC as provided in
the Constitution without its advice and
concurrence. (Sec. 30, Art. VI)
Scope of the rule making power of the SC
1. The protection and enforcement of
constitutional rights
2. Pleadings, practice and procedure in all
courts
3. Admission to the practice of law
4. The Integrated Bar
5. Legal assistance to the underprivileged
Limitations on its rule making power
1. It should provide a simplified and
inexpensive procedure for the speedy
disposition of cases.
2. It should be uniform for all courts of the
same grade.
3. It should not diminish, increase, or modify
substantive rights.