Lagrosas, Jorgie P.
Constitutional Law 1 Notes
(Book: PHILIPPINE POLITICAL LAW 2022
EDITION By: Isagani A. Cruz and Carlo L. Cruz) Prof: Atty. Curo
Chapter 1
GENERAL CONSIDERATIONS
-
Scope of the study- is a study of structure
and powers of the Government of the
Philippines.
-
Necessity of the study- “sovereignty resides
in the people and all government authority
emanates from them”.
o
All educational institutions shall be
included the study of the Constitution
as part of the curricula
-
Basis of the Study- the 1987 Philippine
Constitution, statutes, executive orders and
decrees, judicial decisions, and provisions
-
Background of the Study
TIMELINE

Tribes- datu or council of elders

Madjapahit and Sri-Vishayan empires (bounded by
commercial ties)

1521- Magellan

June 12, 1898- Philippine Independence

January 21, 1899- First Philippine Republic

December 10, 1989- Treaty of Paris

Military Government

Schurman Commission (1st Philippine Commission)

Taft Commission (2nd Commission)

July 4, 1901 (Civil government was established)

1902 (Philippine Bill)

1907 (Philippine Assembly)

Jones law

Tydings-McDuffie Act

May 14, 1935 (1935 Constitution)

November 15, 1935 (Commonwealth Government)

10-year transition period

Japanese occupation (Second Republic of the
Philippines)

July 4, 1946 (the US formally withdraw)

September 21, 1972 (Martial Law)

January 17, 1973 (1973 Constitution)

January 17, 1981 (lifting of Martial Law)

1985 (Marcos submitted a questionable
resignation)

February 7, 1986 (Snap Election)

February 22, 1986 (People Power)

February 25, 1986 (Corazon Aquino)

Freedom Constitution

1987 Constitution

May 11, 1988 (Local Elections)

May 11, 1992 (General Election) Fidel RamosPresident; Joseph Estrada- VP

1998 (Joseph Estrada- President)

January 20, 2001 (Erap- Impeached) Gloria
Arroyo took oath

Oakwood Mutiny

2004 (Arroyo’s 2nd term)

Garci Tapes

2010 (Noynoy Aquino)

2016 (Rodrigo Duterte)
Chapter 2
THE CONSTITUTION OF THE PHILIPPINES




Commonwealth Constitution/ 1935 Constitution
Constitution of 1973
Freedom Constitution
1987 Constitution
o
18 Articles
o
Bicameral Congress
o
Presidential System
o
Independence of Judiciary has been
strengthened
o
Commission on Human Rights
o
Bill of Rights of the Commonwealth
Constitution
Supremacy of the Constitution (Memorize)
The Constitution is the basic and paramount law to which
all other laws must conform and to which all persons,
including the highest officials of the land, must defer.
No act shall be valid, however noble its intentions, if
it conflicts with the Constitution. The Constitution must
ever remain supreme. All must bow to the mandate of its
law. Expediency must not be allowed to sap its strength
nor greed for power debase its rectitude. Right or wrong,
the Constitution must be upheld as long as it has not been
changed by the sovereign people lest its disregard result
in the usurpation of the majesty of law by the pretenders
to illegitimate power.
Chapter 3
THE CONCEPT OF THE STATE
Definition- The STATE is a community if persons, more
or less numerous, permanently occupying a fixed
territory, and possessed of an independent government
organized for the political ends to which the great
body of inhabitants render habitual obedience.
State
Legal concept
“Melting pot” a state can be
made up of more than one nation
Nation
Racial or ethnic concept
May comprise of several state
Elements:
The Province of North Cotabato v. The Government of the Republic
of the Philippines Peace Panel on Ancestral Domain
1.
2.
3.
4.
PEOPLE (permanent population)
TERRITORY (defined territory)
GOVERNMENT
SOVEREIGNTY (capacity to enter into relations
with other states)
*Two additional elements- recognition and possession
of a sufficient degree of civilization.
(1) PEOPLE
-
-
Inhabitants of the State
Must be numerous enough to be self-sufficing
and to defend themselves and small enough to
be easily administered and sustained.
People must come from both sexes to be able to
perpetuate themselves
Share common language, religion, and set of
customs and traditions that will unite them
into a more closely-knit entity known as the
nation.
*People are more comprehensive and less cohesive than
the nation.
(2) TERRITORY
Magallona v. Ermita, Arigo v. Swift
-
-
-
Fixed portion of the surface of the earth
inhabited by the people of the State.
Neither too big as to be difficult to
administer and defend nor too small as to be
unable to provide for the needs of the
population.
Components
o
Land mass/terrestrial domain
o
Inland and external waters/maritime
and fluvial domain
o
Airspace
above
the
land
and
waters/aerial domain
Article I of the Constitution
Archipelagic Doctrine- the entire archipelago
as one integrated unit
UNCLOS III- RA 9522
Territorial waters- 12 nautical miles
Contiguous zone- 24 nautical miles
Exclusive economic zone- 200 nautical miles
Article 1 covers the ff territories:
o
Those coded to the United States by
virtue of the Treaty of Paris of
December 10, 1898
o
Those defined in the treaty concluded
between the United States and the
Spain on November 7, 1900, which were
not defined in the treaty of Paris,
specifically the islands of Cagayan,
Sulu and Shibuto.
o
Those defined in the treaty concluded
on January 2, 1930, between the United
States
and
the
Great
Britain,
specifically the Turtle and Mangsee
island.
o
The island of Batanes, which was
covered under a general statement in
the 1935 Constitution.
o
Those contemplated in the phrase
“belonging to the Philippines by
historic right or legal title” in the
1973 Constitution
(3) GOVERNMENT
-
The agency or instrumentality through which
the will of the state is formulated, expressed
and realized.
International law “no particular form of
government is prescribed”
Our constitution requires our government to be
democratic and republican.
Mandate of the government from the state is to
promote the welfare of the people.
Replacement of the government by revolution
(A) Functions
o
Constituent Functions- constitutes
the very bonds of society and are
therefore compulsory.
1. Keeping
of
order
and
providing
protection
of
persons and property
2. Fixing of the legal relations
between husband and wife and
between parents and children
3. The
regulation
of
the
holding,
transmission
and
interchange of property, and
the determination of its
liabilities for debt or for
crime
4. The
determination
of
contractual rights between
individuals
5. The definition and punishment
of crimes
6. The administration of justice
in civil cases
7. The
administration
of
political duties, privileges
and relations of citizens
8. The dealings of the state
with foreign powers; the
preservation of the State
from external danger
o
Ministrant
Functions(optional)
those undertaken to advance the
general interests of society such as;
Public works
Public charity
Regulation
of
trade
and
industry
Ministrant function distinguishes
the paternalistic government from
individualistic
government
(concerned only with maintaining
peace and order)
*The distinction between constituent
and ministrant functions is not
relevant in our jurisdiction.
Ministrant function
Constitution
-
that
made
compulsory
by
the
Promote social justice
Provide adequate social services
Promote rising standard of living
Protection to labor
Formulate urban ang agrarian reform programs
Adopt other measures intended to ensure the
dignity, welfare and security of its citizens
Establish and maintain a complete and adequate
and fully integrated system of education
To offer free elementary and secondary public
education
To
promote
scientific
research
and
intervention
To patronize arts and letters and develop
Filipino culture for national identity
-
(E) Administration
-
-
Important task of the government is to act for
the State as parens patriae, or guardian of
the rights of the people.
Provider of protection to those unable to care
for themselves.
In fulfilling this duty, the State may resort
to the exercise of its inherent powers: police
power, eminent domain, and power of taxation
(C) De Jure and De Facto Governments
-
De Jure- rightful title but no power or
control.
De Facto- a government of fact, it actually
exercises power to control but without legal
title
3 kinds of de facto government
1. By force or by the voice of the
majority
2. Insurrection against the parent
state (violent uprising)
3. Established and maintained by
military force who invade and
occupy a territory
Characteristics of de facto government
1. Active military power
2. Obeyed in civil matters
(D) Government of the Philippines
-
-
The government is defined as “the corporate
governmental
entity
through
which
the
functions
of
government
are
exercised
throughout the Philippines, including, save as
the contrary appears from the context, the
various arms through which political authority
is made effective in the Philippines, whether
pertaining to the autonomous regions, the
provincial, city, municipality or barangay
subdivisions
or
other
form
of
local
government.”
A government-owned or controlled corporation
engaged in proprietary functions cannot be
considered part of the Government for purposes
of exemption from the application of the
statute of limitation.
Group of persons in whose hands the reins of
government are for the time being
Administration runs the government
Example: Aquino Administration
*Administration is transitional whereas the
government is permanent.
(4) SOVEREIGNTY
-
(B) Doctrine of Parens Patriae (Parent of the Country)
-
A Government Agency refers to any various
units of the government, including department,
bureau, office, instrumentality or GovernmentOwned and Controlled Corporations (GOCC), or
a local government.
-
-
the supreme and uncontrollable power inherent
in a State
according to Supreme Court, it is the
possession of sovereign power
jurisdiction – authority to apply the law
2 kinds of Sovereignty
a. Legal- power to issue final command
b. Political- power behind legal the
legal sovereign
Internal Sovereignty- refers to the power of
the State to control its domestic affairs.
External Sovereignty- refers to the power to
direct its relations with other States.
Jus postliminium- The right by which person
and thigs taken in war are restored to their
former status when coming again under the
power of the nation to which they belonged.
Act of State- State prevent their national courts
from deciding disputes which relate to the
internal affairs of another state.
*The power to deport aliens is an act of state
Chapter 4
THE DOCTRINE OF STATE IMMUNITY
“The State may not be sued without its consent”
One of the generally accepted principles of
international law that we accepted as part of the
law of our land under Article 2 Section 2 of our
Constitution.
Basis
-
-
Indiscriminate suit against the State will
result in the impairment of its dignity
Sovereign equality of the States
par in parem non habet imperium – equals have
no sovereignty over each other
Exceptions:
a. If the engage state in contracts which
are purely commercial, private and
proprietary act
Jus imperii- public acts
Jus gestonis- (commercial transactions) the
state descends into the level of private
individual, thus not immune
*Not all acts jus imperii may exempt a State from
suit in case of its exercise of its power of
eminent domain, when done without payment of just
compensation
-
Incorporated- has a charter of its own which
has separate juridical personality. (ex. UP,
SSS, the City of Manila)
a. Test of suability is found in its
charter
b. (General Rule) it is suable if the
charter says so, and this is true
regardless of the function it is
performing.
GTZ v. CA
Application
-
-
Actions are rarely constituted directly
against the Republic of the Philippines. The
Usual practice is to file such claims nit
against the State but against the officer of
the government who has the responsibility.
Department of Foreign Affairs (DFA)- has the
authority to make a determination of immunity
from suit.
Exemption from Legal Requirements
-
State is not required to put up a bond for
damages, or an appeal bond since it is assumed
that it is always solvent (financially sound).
The State is not entitled to pay the legal
fees prescribed in the Rules of Court or the
cost of the suit.
Statutes of limitation do not run against the
State unless provided by law.
-
UP V. DIZON
Waiver of Immunity
-
The State may be sued if it gives its consent
Forms of Consent
-
Express- manifested through general law or
special law (ex. VFA treaty)
Implied- when the State itself commences
litigation or when it enters into a contract.
-
Suability vs. Liability
-
The mere fact that the State is suable does
not mean that it is liable.
The waiver of immunity by the State does not
mean concession of its liability.
-
Suability
Result of the expressed
or implied consent
In money claims referred first to the Commission on
Audit (COA)
The COA had exclusive jurisdiction to decide on the
allowance or disallowance of money claims arising from
the implementation of Republic Act No. 6758
Liability
Is determined after
hearing on the basis of
relevant laws and the
established facts
Chapter 5
FUNDAMENTAL PRINCIPLES AND STATE POLICIES
The function and public services rendered by the State
cannot be allowed to be paralyzed or disrupted by the
diversion of public fund from their legitimate and
specific objects, as appropriated by law.
Principle- comprehensive and fundamental rule
Properties of government instrumentalities are of
public dominion and are thus outside the commerce of
men. They are not subject to levy, encumbrance or
disposition through public or private sale since they
are intended for public use. This is necessary because
essential public services will stop if properties of
public
dominion
are
subject
to
encumbrances,
foreclosure, and auction sale.
Preamble
*The doctrine of governmental immunity from suit
cannot serve as an instrument for perpetrating an
injustice on a citizen.
Suits Against Government Agencies
-
Not incorporated- (General Rule) it possesses
no juridical personality of its own since it
unincorporated, the suit is against the
agency’s principal, THE STATE. It is merge in
the general machinery of the government (ex.
DOJ, Bureau of Mines)
a. NO CHARTER TO CONSULT
b. (Exemption) suable if they are
proprietary and not suable if they are
governmental.
Policy- a program, a definite course of method of
action, pursued to implement it.
-
-
first person, deepen sense of involvement and
participation
enumerates the primary aim and expresses the
aspiration of the framers in drafting the
Constitution
rather wordy
Republicanism
Villavicencio v. Lukban
-
not only republican but also democratic
democracy- government by the people
republic- representative government
a. officials are sworn to serve
“a government of laws and not of men”
The Defense of the State
-
-
Section 4
The State, may take up all necessary action,
including the use of armed force, to repel any
threat to its security
The duty to defend the State is imposed upon
all citizens
Peace and Order
-
Section 5
Implicit in a welfare state
The Incorporation Clause
-
-
-
-
Section 2
Doctrine of Incorporation
a. By
the
reason
of
the
State’s
membership in the family of nations,
bound by the generally accepted
principles of international law,
which
are
considered
to
be
automatically part of its own laws.
International law can be part of the sphere of
domestic law either by transformation or
incorporation.
Transformation- requires that an international
law be transformed into domestic law through
a constitutional mechanism such as local
legislation. (ex. Treaties)
Incorporation- international law is deemed to
have a force of domestic law by mere
constitutional declaration
Economy
-
Miscellaneous
-
Section 12, Section 13
Role of parents in the development of their
children
Doctrine of Separation
-
-
Section 14
RA 9262
RA 9710 Magna Carta for Women
Social Justice
-
-
Section 6
Inviolable
‘Strong fences make good neighbors’
Based on mutual respect
State
cannot
favor
one
religion
and
discriminate another and Church cannot demand
the nation or citizenry to follow its beliefs
A union of Church and State “tends to destroy
government and to degrade religion”
Supremacy of Civilian Authority
-
Section 3
President who is also a civilian official
shall be commander-in-chief of all the armed
forces of the Philippines.
Local Autonomy
-
-
Municipal corporations are small republics
from which the greater one derives its
strength
Deepen sense of involvement
Autonomy granted to the local government is
not to be understood as independence.
Was modified under 1973 Constitution (Marcos
Admin 1) with the establishment of a semiparliamentary government
that made
the
legislative subordinate in many aspects to the
President, who was even vested with the
ultimate power of dissolving it.
The traditional concept of the doctrine was
restored under the new Constitution but with
several significant modifications
Lessening the powers of the executive and
corresponding increase in the authority of the
legislature, inspired presumably by the
experiences under the Marcos authoritarianism
Purposes
-
Section 9, 10, 11, 18, and 21
Imbalance between the rich and the poor
Separation of Church and State
-
-
-
Women
Section 15, 16, 17, 22, 23, 24, 26, 27, and 28
To accommodate particular authors and gratify
their desires for expression and perpetuation
of their ideas
Chapter 6
SEPARATION OF POWERS
Rearing of the Youth
-
Section 19 and 20
Development of economy effectively controlled
by Filipinos
Foreign Investment Act of 1991- a law
regulation
foreign
investments
I
the
Philippines
-
-
-
To prevent a concentration of authority in one
person or group that might lead to an
irreversible error or abuse
According to Justice Laurel, the doctrine is
intended to secure action, to forestall overaction, to prevent despotism and to obtain
efficiency.
The three branches of the government ha
exclusive cognizance of and is supreme in
matters
falling
within
its
own
constitutionally allocated sphere
Legislature- limited to the enactment of laws
may not enforce or apply them
Executive- limited to the enforcement of laws,
may not enact or apply them
Judiciary- limited to the application of laws,
may not enforce or enact them
Blending of Powers
-
Powers assigned to or shared by several
departments
It is often necessary for certain powers to be
reposed in more than one department, so that
they may better collaborate with and, in the
process, check each other for the public good.
Ex. General appropriations law
Check and Balances
-
-
The doctrine of separation of power is
workable because of the system of check and
balances
One
department
is
allowed
to
resist
encroachment upon its prerogatives or to
rectify mistakes or excesses committed by the
other departments (ex. Veto power of the
President; the Congress may limit the
jurisdiction of the Supreme Court and the
inferior courts; and the Judiciary has the
power to declare invalid an act done by the
congress, the president and his subordinates
or the Constitutional Commission)
-
Political Questions Under the New Constitution
-
-
The
Judiciary
sees
to
it
that
the
constitutional distribution of powers among
the several departments of the government is
respected and observed, but this does not mean
that it is superior to the other departments.
Upholding the Supremacy of the Constitution
Principle of non-delegation of powers
-
Justiciable and Political Questions
-
A political question is a legal term of art
that refers to a type of legal question that
is considered to be non-justiciable, meaning
that it is not appropriate for a court to
decide. Political questions are typically
questions that are entrusted to another branch
of government, such as the legislature or the
executive branch, or that are beyond the
competence of the judiciary to resolve.
Some examples of political questions include:
a. The recognition of foreign
governments.
b. The decision to go to war.
c. The impeachment and removal of a
president.
-
A justiciable question, on the other hand, is
a legal question that is appropriate for a
court to decide. Justiciable questions are
typically questions that are susceptible to
judicial resolution and that involve a
concrete dispute between two or more parties
with adverse interests.
Some examples of
justiciable
questions
include:
a. Whether a law violates the
Constitution.
b. Whether a contract has been
breached.
c. Whether a person has committed a
crime.
Application of the Doctrine
-
Writ of mandamus could not be issued against
the chief executive to compel him
Doctrine of primary jurisdiction that the
courts will defer to the decisions of the
administrative offices and agencies by reason
It is wrong to state that matters of foreign
relations are political questions, and thus,
beyond the judiciary’s reach. The Constitution
expressly states that this Court, through its
power of judicial review, may declare any
treaty
or
international
agreement
unconstitutional.
Chapter 7
DELEGATION OF POWERS
The Role of the Judiciary
-
of their expertise and experience in the
matters assigned to them.
Powers that belong to the judiciary may not be
assumed by other departments.
-
-
-
Potestas delegata non delegari potest- what
has been delegated cannot be delegated
Based upon the ethical principle that such
delegated power constitutes not only a right
but a duty to be performed by the delegate
through the instrumentality of his own
judgement and not through the intervening mind
of another.
A further delegation of such power, unless
permitted by the sovereign power, would
constitute a negation of this duty in
violation of the trust reposed in the delegate
mandate to discharge it directly.
Applicable to all three major powers of the
government but especially important in the
case of the legislative.
The legislature cannot be expected to
reasonably comprehend all of the problems that
the society is facing. This is because
legislators are not experts in all of the
fields, and they often do not have the time or
resources to fully understand these issues.
Permissible Delegation
Delegation of legislative powers is permitted in the
following cases:
(1) Delegation of Tariff powers to the PresidentThe president is granted a stand-by or
flexible power in the Tariff and Customs Code
for a reason that legislative process is too
much cumbersome. For the speedy solution of
some economic problems, especially those
relating to foreign trade, it is a necessity
to give the chief executive the authority to
act immediately on certain matters affecting
the national economy.
(2) Delegation of Emergency powers to the
President- when there is an emergency problem
must be solved within the shortest possible
time for it not to worsen therefore
legislative quorum may delay the process of
solving the problem.
When emergency powers are delegated to the
president,
he
becomes
in
effect
a
-
constitutional dictator. But there is no total
abdication of legislative authority. The
president is subject to certain restrictions
and requirements intended to make him only an
agent rather that a replacement of the
legislature.
Conditions:
a. There must be a war or other national
emergency
b. The delegation must be for a limited
period only
c. The delegation must be subject to such
restrictions as the Congress may
prescribe.
d. The emergency power must be exercised
to carry out a national policy
declared by the Congress
-
The terms "referendum" and "plebiscite" are
sometimes used interchangeably. However, there
is a subtle difference between the two terms.
A plebiscite is typically used to decide on a
specific issue of sovereignty or territorial
status, while a referendum can be used to
decide on a wider range of issues.
-
Referendums and plebiscites can be important
tools for democracy. They can allow the people
to have a direct say on important issues and
to hold their government accountable. However,
it is important to note that referendums and
plebiscites are not without their risks. For
example, they can be used to manipulate public
opinion or to push through unpopular policies.
- the emergency power will automatically cease
upon the end of the emergency that justified
their delegation.
-
Overall, referendums and plebiscites are
powerful tools that can be used to strengthen
democracy. However, it is important to use
them carefully and to be aware of the potential
risks.
- National emergency may include:
1.
2.
3.
4.
5.
Rebellion
Economic Crisis
Pestilence or Epidemic
Typhoon
Flood or other similar catastrophe
*There cannot be any delegation of emergency powers in
the absence of emergency.
- Conferment of emergency power on the President is
not mandatory on the Congress.
- The Congress may choose to hold on to its legislative
powers and validly refuse to delegate it.
- emergency itself cannot and should not create powerChief Justice Paras
(3) Delegation to the People- the people have
voluntary surrendered that power when they
adopted the Constitution.
a.
A referendum is a direct vote in which
an entire electorate is asked to
either accept or reject a particular
proposal. Referendums can be used to
decide on a wide range of issues, such
as constitutional amendments, changes
to public policy, or the ratification
of treaties.
b.
A plebiscite is a type of referendum
that is typically used to decide on
issues of sovereignty or territorial
status. For example, a plebiscite
might be used to ask voters whether
they want their country to become
independent, or whether they want a
particular region to secede from their
country.
(4) Delegation to the Local Governments
This traditional exception is based on the
recognition that local legislatures are more
knowledgeable than the national lawmaking body
on matters of purely local concern and are
therefore in a better position to enact the
necessary and appropriate legislation.
Cardinal principle- local affairs shall be
managed by local authorities and general
affairs by the central authority.
It is not a transfer of power but grant of the
authority
(5) Delegation to Administrative Bodies
Delegation to administrative bodies is the
transfer
of
lawmaking
power
from
the
legislature to an executive agency. This is
done through the enactment of statutes that
authorize the agency to make rules and
regulations on a particular topic.
There are a number of reasons why legislatures
delegate lawmaking power to administrative
bodies. One reason is that administrative
bodies often have expertise in a particular
area that the legislature does not. For
example, the Environmental Protection Agency
has expertise in environmental science, and
the Food and Drug Administration has expertise
in food safety.
Another reason why legislatures delegate
lawmaking power is that it can be more
efficient than having the legislature make all
of the laws itself. This is because
administrative bodies can act more quickly
than the legislature, and they can also be
more responsive to changing circumstances.
Administrative issuance may be classified into
two:
a. Legislative rule- implement a primary
legislation
b.
-
Administrative
ruleto
provide
guidelines to the law which the
administrative agency is in charge of
enforcing
Quasi-juridical power requires the concurrence
of two elements:
a. Jurisdiction- it is the power to hear
and determine questions of fact to
which legislative policy is to apply
b. Due process- to decide in accordance
with the standard laid down by the law
itself in enforcing and administering
the same law
Test of Delegation
Assuming that the delegation of legislative
power comes under any of the permissible exceptions,
there is still the question whether or not the
delegation has been validly made.
(1) The Completeness Test- this means that the
legislature must specify the limits of the
administrative body’s authority and policies
that it is meant to implement.
(2) The Sufficient Standard Test- this means that
the legislature must have the ability to
overturn or amend the administrative body’s
rules and regulations
If the legislature meets both of these
requirements, then the delegation of lawmaking
power is considered to be valid. However, if the
legislature fails to meet either of these
requirements, then the delegation of lawmaking
power is considered to be invalid.
The test of delegation is important because it
helps to ensure that the legislature does not
abdicate its lawmaking power to the executive
branch. It also helps to ensure that the
administrative branch is accountable to the
legislature.
The Palaez Case
The Palaez Case (G.R. No. L-23825) is a
landmark case in Philippine constitutional law that
established the principle that the President of the
Philippines does not have the power to create
municipalities without the concurrence (agreement) of
Congress.
The case arose in 1964 when then-Vice
President Emmanuel Pelaez filed a petition for
prohibition with preliminary injunction against the
Auditor General to restrain him from passing in audit
any expenditure of public funds in implementation of
executive orders issued by President Diosdado
Macapagal creating 33 municipalities. Pelaez argued
that the President's power to create municipalities
under Section 68 of the Revised Administrative Code
had been impliedly repealed by Republic Act No. 2264,
which vested the power to create municipalities in the
Congress.
The Supreme Court agreed with Pelaez and ruled
that the President does not have the power to create
municipalities without the concurrence of Congress.
The Court held that Section 68 of the Revised
Administrative Code had been impliedly repealed by
Republic Act No. 2264, which is a later and more
specific law. The Court also held that the power to
create municipalities is a legislative power, and the
President cannot exercise legislative powers unless
expressly authorized by the Constitution.
The Palaez Case is a significant case because
it established the principle that the President of the
Philippines does not have unlimited power. The
President's power is limited by the Constitution and
by laws enacted by Congress. The Palaez Case also
helped to clarify the separation of powers between the
executive and legislative branches of government.
The Palaez Case has been cited in many
subsequent cases, and it remains a leading authority
on the President's power to create municipalities. The
case is also an important precedent for the principle
of limited government and the separation of powers.
In addition to the legal significance of the
Palaez Case, it also has important political
implications. The case helped to strengthen the power
of Congress relative to the President. It also helped
to establish the principle that the President is not
above the law.
Chapter 8
THE LEGISLATIVE DEPARTMENT
The Senate
(1) Composition
(2) Qualifications
(3) Term
The House of Representatives
(1) Composition
a. The District Representatives
b. The Party-list Representatives
(2) Qualifications
Election
Salaries
Parliamentary Immunities
(1) Privilege from Arrest
(2) Privilege of Speech and Debate
Conflict of Interest
Incompatible and Forbidden Offices
Inhibitions and Disqualifications
Session
Offices
Quorum
Discipline of Members
Journals
Adjournment
Electoral Tribunals
Commission on Appointments
Organization