CONSTITUTIONAL LAW 1
The PH Constitution
2.
Enacted (Conventional) or Evolved (Cumulative)
a.
Enacted (Conventional) — a conventional
constitution is enacted, formally struck off at
a definite time and place following a
conscious or deliberate effort taken by a
constituent body or ruler;
b. Evolved (Cumulative) — it is the result of
political evolution, not inaugurated at any
specific time but changing by accretion
rather than by any systematic method.
Political Law – a branch of public law w/c deals w/ the
organizations and operations of the governmental organs
of the State and defines the relations of the State w/ the
inhabitants of its territory.
Scope of Political Law
1.
2.
3.
4.
5.
-
Constitutional Law – study of the maintenance of
the proper balance b/w authority as represented by
the 3 inherent powers of the State and liberty as
guaranteed by the Bill of Rights. (February 2, 1987)
- Is a study of the structure and powers of the
Government of the Republic of the Philippines.
Rigid or Flexible
a. Rigid- is one that can be amended only by a
formal and usually difficult process.
b. Flexible- one that can be changed by
ordinary legislation.
Administrative Law
Law on Municipal Corporations
Law of Public Officers
Election Laws
A Constitution
is a legislation direct
from the people.
States
general
principles
Is
intended
not
merely
to
meet
existing conditions
Is the fundamental
law of the State to
w/c all other laws
and statutes must
conform.
-
A Statute
Is a legislation from
the
people’s
representatives
Provides the details of
the subject of w/c it
treats.
Is intended primarily
to meet
existing
conditions only.
Constitution - That written instrument enacted by direct
action of the people by which the fundamental powers of
the government are established, limited and defined, and
by which those powers are distributed among the several
departments for their safe and useful exercise for the
benefit of the body politic.
Purpose: to prescribe the permanent framework of a
system of gov’t, to assign to the several depts. their
respective powers and duties, and to establish certain
first principles on w/c the govt. is founded.
Classification:
1.
3.
Written or Unwritten
a. written constitution is one whose precepts
are embodied in one document or set of
documents;
b. unwritten constitution consists of rules that
are scattered in various sources, such as
statutes of fundamental character, judicial
decisions, commentaries of publicists,
customs and traditions, and certain common
law principles.

The Philippine Constitution is a written,
enacted and rigid type of constitution.
 It is embodied in a single document, enacted by the
Congress acting as Constitutional Convention or
Constitutional Assembly ratified by the Filipino
people in a plebiscite called for such purpose.
Qualities of a good written Constitution
a.
Broad - Not just because it provides for the
organization of the entire government and covers
all persons and things within the territory of the
State but because it must be comprehensive
enough to provide for every contingency.
b. Brief - It must confine itself to basic principles to
be implemented with legislative details more
adjustable to change and easier to amend.
c. Definite - To prevent ambiguity in its provisions
which could result in confusion and divisiveness
among the people.
**There are parts of the constitution left vague like
due process, equal protection, and good faith so that
it can adjust to change.
Essential Parts of a good written Constitution
a.
Constitution of Liberty - The series of
prescriptions setting forth the fundamental civil
and political rights of the citizens and imposing
limitations on the powers of government as a
means of securing the enjoyment of those rights.
E.g., Art. III
b. Constitution of Government – The series of
provisions outlining the organization of the
government, enumerating its powers, laying
down certain rules relative to its administration,
c.
and defining the electorate, E.g., Arts. VI, VII, VIII
and IX
Constitution of Sovereignty – The provisions
pointing out the mode or procedure in
accordance with which formal changes in the
fundamental law may be brought, E.g., Art. XVII
Two-part test:
1.
2.
Self-executing and non-self-executing
-
A provision which lays down a general principle, such
as those found in Art. II of the 1987 Constitution, is
usually not self-executing.
But a provision which is complete in itself and
becomes operative without the aid of supplementary
is self-executing.
Thus, a constitutional provision is self-executing if
the nature and extent of the right conferred and
liability imposed are fixed by the constitution itself,
In case of doubt, constitutional provisions are
Self- Executing.
-
-
-
**The power to amend the Constitution or to propose
amendments thereto is not included in the general grant
of legislative powers to Congress (Sec. 1, Art, VI, Const.) It
is part of the inherent powers of the people
2 essential elements of amendment:
1.
2.
Doctrine of Constitutional Supremacy
-
-
If a law or a contract violates any norm of the
Constitution, whether promulgated by the legislative
or the executive branch of Govt. or entered into by
private persons for private purposes, is null and void,
w/o any force and effect, (MPH v. GSIS)
-
Specific Tools of Constitutional Construction
1.
2.
3.
Verba legis - the words used in the Constitution
must be given their ordinary meaning except
where technical terms are employed.
Ratio legis est anima - the words of the
Constitution should be interpreted in accordance
with the intent of its framers.
ut magis valeat quam pereat - The words of the
Constitution should be interpreted as a whole.
*Use of the tools must be one after the other in short, the
three must be used successively.
-
Amendment
refers to a change
that adds, reduces,
deletes, w/o altering
the basic principle
involved.
Generally,
affects
only the specific
provision
being
changed.
-
Revision
A change that alters a
basic principle in the
Constitution.
Generally,
affects
several provisions of
the Constitution.
The people must author and sign the entire
proposal
as an initiative upon a petition, the proposal must
be embodied in a petition.
Constituent
Power to formulate a
consti., to propose
amendments
or
revision, and to ratify
proposal.
Not need approval of
chief exec.
Exercised
by
Congress,
Concon,
people’s initiative.
-
-
Legislative Power
An ordinary power of
Congress and of
people
Needs approval of the
chief exec., except
when done through
initiative
and
referendum.
Power to pass, repeal
or amend.
**The Congress, acting as a constituent assembly, may
directly propose amendments to the constitution, and
simultaneously call a constitutional convention to
propose the needed amendments.
Steps in the amendatory process:
1. Proposal
A proposed amendment may come from:
Amendment and Revision
-
Quantitative test – asks whether the proposed
change is so extensive in its provisions as to
change directly the “substance entirely” of the
Constitution by deletion or alteration of
numerous provisions.
Qualitative test - whether the change will
“accomplish such far-reaching changes in the
nature of our basic governmental plan as to
amount to a revision.”
-
-
-
a. Acts of the Congress
by ¾ votes of all tis members (ConAss)
b. Constitutional Convention
Either by 2/3 vote of all members of Congress
Or (if such vote is not obtained) by a majority vote of
all the members of Congress w/ the question of w/n
to call a convention to be resolved by the people in a
plebiscite.
c. People, through the power of initiative
A petition of at least 12% of the total number
registered voters, of w/c every legislative district
must be represented by at least 3% of the registered
voters therein.
3 systems of initiative:
 Initiative on the Constitution – w/c refers to a
petition
proposing
amendments
to
the
Constitution.
 Initiative on Statutes – refers to petition
proposing to enact a national legislation
 Initiative on local legislation – refer to a petition
proposing to enact a regional, provincial, city,
municipal or brgy. law, resolution or ordinance.
-
-
2 essential elements MUST be present:
 The people must author and sign the entire
proposal
 As an initiative upon a petition, the proposal must
be embodied in the petition.
2. Ratification
the proposed amendment shall become part of the
Constitution when ratified by a majority of the votes
cast in a plebiscite held not earlier than 60 nor later
than 90days after the approval of the proposal by
Congress or the Concon, or after certification by the
COMELEC of the sufficiency of the petition for
initiative under Sec. 2, Art. 17.
Doctrine of proper submission
-
Amendments cannot be submitted to the people in a
piecemeal fashion wherein the other amendments
are to follow. The people should have a frame of
reference from which to read the amendments being
proposed.
The power of Judicial Review
-
-
the power of the courts to test the validity of
executive and legislative acts in light of their
conformity with the Constitution.
Includes the duty of the Courts of justices to settle
actual controversies involving rights w/c are legally
demandable and enforceable, and to determine
whether there is a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part
of any branch of govt.
Who can exercise such power?
-
The Supreme Court
Recognizes the authority of lower courts to decide Qs
involving the constitutionality of laws, treaties, etc.
Family courts
**in all actions assailing the validity of a statute, treaty,
PDs, order or proclamation – notice to the SG is
MANDATORY to enable the SG to decide whether or not
his intervention in the action is necessary.
Political Questions, out of Judicial Review
PQ refer "to those questions which, under the
Constitution, are to be decided by the people in their
sovereign capacity, or in regard to which full
discretionary authority has been delegated to the
legislative or executive branch of the government. It is
concerned with issues dependent upon the wisdom, not
legality of a particular measure."
But the scope is limited. Sec. 1, Art. 8 of the 1987, vests in
the Judiciary the power “to determine whether or not
there is a grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of any branch of govt.”
Requisites of Judicial Review:
1.
There is an actual case or controversy calling for
the exercise of judicial power
2. The person challenging the act must have standing
to challenge, he must have a personal and
substantial interest in the case such that he has
sustained or will sustain direct injury as a result of
its enforcement (legal standing)
3. The question of constitutionality must be raised at
the earliest possible opportunity
4. The issue of constitutionality must be the very lis
mota of the case
Moot and academic – is one that ceases to present a
justiciable controversy by virtue of supervening events so
that a declaration thereon would be of no practical use or
value.
But the courts will still decide cases that are moot and
academic if:
1.
2.
3.
4.
There is grave violation of the Constitution
There is an exceptional character of the situation
and paramount public interest is involved.
The constitutional issues raised require
formulation of controlling principles to guide
the bench, the bar and the public.
The case is capable of repetition yet evasive of
review.
Petitioners may be accorded standing to sue provided
that the ff requirements are met:
1.
2.
3.
4.
5.
The case involves constitutional issues
For taxpayers, there must be illegal
disbursement of public funds or that the tax
measure is unconstitutional
For voters, there must be a showing of obvious
interest in the validity of the election law in
question.
For concerned citizens, there must be a
showing that the issues raised are of
transcendental importance which must be
settled early.
For legislators, there must be a claim that the
official action complained or encroaches on their
prerogatives as legislators.
Overbreadth Doctrine – permits a party to challenge the
validity of a statue even though, as applied to him, it is not
unconstitutional, but it might be of applied to others not
before the Court whose activities are constitutionally
protected.
Void-for-vagueness – a law is facially invalid if men of
common intelligence must necessarily guess at its
meaning and differ as to its application
because it has not yet actually entered
into the exercise thereof.
-
The Concept of the State
Article II- Declaration of Principles and State Policies
is a government of right; a government established
according to the Constitution of the State, and
lawfully entitled to recognition and supremacy and
the administration of the State but is actually ousted
from power or control, it is the true and lawful
government.
Section 1. The Philippines is a democratic and
republican State. Sovereignty resides in the people and all
government authority emanates from them.
A State - A community of persons, more or less numerous,
permanently occupying a definite portion of territory,
independent of external control, and possessing a
government to which a great body of inhabitants render
habitual obedience.
c.
-
State v. Nation v. Government
State is a legal concept; Nation is an ethnic or racial
concept; Government is merely an instrumentality of the
State w/c the will of the Sate is implemented and realized.
Elements of a state:
-
1. People
Refers to the inhabitants of the State
2. Territory
Is the fixed portion of the surface of the earth
inhabited by the people of the State.
Article 1, sec. 1 of the Constitution.
3. Government
Is the agency or instrumentality through which the
will of the State is formulated, expressed and realized.
2 functions:
1.
2.
Constituent –constitute the very bonds of
the society and are therefore compulsory.
Such as maintenance or the peace and order
(Mandatory for the govt. to perform)
Ministrant – are functions intended to
promote the welfare, progress and
prosperity of the people, and w/c are merely
optional for Government to perform.
As to concentration of powers in a governmental
branch:
a.
b.
c.
Literally, parent of the people. As such, the
government may act as guardian of the rights of the
people who may be disadvantaged or suffering from
some disability or misfortune.
d.
Classification of Government
As to the existence or absence of title and/or
control/legitimacy:
b. De jure – has a rightful title but no
power or control, either because the
same has been withdrawn from it or
is that government which unlawfully gets the
possession and control of the rightful legal
government, and maintains itself there by force and
arms against the will of the rightful legal government,
and claims to exercise the powers thereof.
i. 3 kinds:
1. De facto proper – government that gets
possession and control of, or usurps, by force or
by the voice of the majority, the rightful legal
government and maintains itself against the will of
the latter.
2. De facto government of paramount force –
established and maintained by military forces who
invade and occupy a territory of the enemy in the
course of war.
3. Independent government – established by the
inhabitants of the country who rise in insurrection
against the parent state, such as the government of
the Southern Confederacy in revolt against the
Union during the war of secession.
“Act of State” It is an exercise of sovereign power which
cannot be challenged, controlled or interfered with by
municipal courts.
Doctrine of Parens Patriae
-
De facto – actually exercises power of
control but without legal title.
-
Presidential – there is separation of executive
and legislative powers.
Parliamentary – there is fusion of executive and
legislative powers in parliament, although the
actual exercise of executive powers is vested in a
Prime Minister who is chosen by, and
accountable to, Parliament.
Unitary – is a single, centralized govt., exercising
powers over both the internal and external
affairs of the State.
Federal – consists of autonomous state govt.
units merged into a single State, with the natl./
govt. exercising a limited degree of power over
the domestic affairs but generally full discretion
of the external affairs of the State.
4. Sovereignty
The supreme and uncontrollable power inherent in a
State by which that State is governed.
-
It is the supreme will of the State, the power to make
laws and enforce them by all the means of coercion it
cares to employ.
-
Kinds of Sovereignty:
a.
-
Legal - which is the power to issue final
commands
is the possession of unlimited power to make laws.
it is the authority by which a law has the power to
issue final commands.
it is conferred upon Congress
b. Political - which is the sum total of all the
influences which lie behind the law
- It is roughly defined as the power of the people.
- It is the sovereignty of the electorate, or in its
general sense, the sovereignty of the whole body
politic.
- It is conferred upon the people.
c.
Internal - the supreme power over everything
within its territory.
d. External – also known as independence, which is
freedom from external control.
CHARACTERISTIC:
a.
b.
c.
d.
e.
f.
g.
Permanent
Exclusive
Comprehensive
Absolute
Indivisible
Inalienable
Imprescriptible
Doctrine of Auto-Limitation
It is the doctrine wherein the Philippines adheres to the
exercise of its sovereignty. It means that any state may, by
its consent, express or implied, submit to a restriction of
its sovereign rights.
Effects of change in sovereignty: Political laws are
abrogated; municipal laws remain in force.
Effect of Belligerent Occupation
There is no change in sovereignty. However, political
laws, except those of treason, are merely suspended;
municipal laws remain in force unless changed by the
belligerent occupant
What may be suspended is the exercise of the rights of
sovereignty, with the control and government of the
territory occupied by the enemy passes temporarily to the
occupant. (Laurel v. Misa)
Municipal laws remain in force because they regulate
the relations between private individuals in order to
preserve public order.
IMPERIUM – is the state’s authority to govern as
embraced in the concept of sovereignty.
is the right of the State to pass or enact its laws and
employ force to secure obedience thereto, maintain
peace and order within its territorial limits, defend
the State against foreign invasion, and do any other
act of governance over its people and territory.
DOMINIUM – is the capacity of the state to own or acquire
property.
-
refers to the independent proprietary right of
possession, use, conservation, disposition or sale,
and control by the state over its territorial lands.
Principle of Jus Postiliminium
At the end of the occupation, when the occupant is ousted
from the territory, the political laws which had been
suspended during the occupation shall automatically
become effective again.
State Immunity from Suit
Sec. 3, Art. 16 – the State cannot be sued without its
consent
Basis: There can be no legal right against the authority
which makes the law on which the right depends.
However, it may be sued if it gives consent, whether
express or implied. The doctrine is also known as the
Royal Prerogative of Dishonesty
par in parem non habet imperium (an equal has no
authority over an equal)
Immunity is enjoyed by other States
The Head of State, who is deemed the personification of
the State, is inviolable, and thus, enjoys immunity from
suit.
The State’s diplomatic agents, including consuls to a
certain extent, are also exempt from the jurisdiction of
local courts and administrative tribunals.
There is cloak of protection as long as he is acting within
the directives of the sending State. It’ll be removed the
moment the foreign agent is sued in his individual
capacity.
Warships and other government ships, enjoy immunity
from the jurisdiction of local courts and admin. Tribunals.
Instances of suit is deemed against the State:
1.
2.
3.
When the Republic is sued by name;
When the suit is against an unincorporated
government agency;
When the suit is on its face against a
government officer but the case is such that
ultimate liability will belong not to the officer
but to the government.
Suits against Government Agencies
a.
-
-
Incorporated (govt. agency created by law)
an incorporated agency possesses a juridical
personality independent of the State. If its charter
provides that the agency can sue and be sued, the
suit will lie.
If municipal corporations are engaged in
governmental functions, they enjoy the sovereign
from immunity suit. However, they are subject to
suit even in the performance of such functions
because their respective charters provide that they
can sue and be sued.
b. Unincorporated
-
Need for Consent
-
an unincorporated agency has no juridical
personality independent of the Government. To
determine its suability, one has to inquire into
principal functions of the agency:
i. If governmental: No suit without consent
(ex: BoC)
 NOTE: even in the exercise of
proprietary functions incidental
to its primarily governmental
functions, an unincorporated
agency still cannot be sued
without its consent.
ii. If proprietary: suit will lie, because when
the State engages in principally proprietary
functions, it descends to the level of a
private individual, and may be vulnerable to
suit.
Suit against Public Officers
-
The doctrine also applies to complaints filed
against officials of the State for acts performed by
them in the discharge of their duties within the
scope of their authority.
a.
b.
c.
d.
e.
To compel him to do an act required by law
To restrain him from enforcing an act claimed to
be unconstitutional
To compel the payment of damages from an
already appropriated assurance fund or to
refund tax over-payments from a fund already
available for the purpose
To secure a judgement that the officer impleaded
may satisfy by himself w/o the State having to do
a positive act to assist him
Where the government itself has violated its own
laws, because the doctrine “cannot be used to
operate injustice”
Express consent – can be given only by an act of
the legislative body in a general or special law.
i.
General law - The general law waiving
the immunity of the state from suit is
found in Act No. 3083, under which
the Philippine government "consents
and submits to be sued upon any
moneyed claim involving liability
arising from contract, express or
implied, which could serve as a basis of
civil action between private parties."
ii.
Special law – this form of consent must
be embodied in a statute and cannot be
given by a mere counsel.
Implied consent is conceded when:
i.
When
the
State
commences
litigation – it becomes vulnerable to a
counterclaim.
Intervention by the State in an ongoing case would
constitute commencement of litigation, except when the
State intervenes not for the purpose of asking for any
affirmative relief, but only for the purpose of resisting the
claim precisely because of immunity from suit.
-
The govt. is deemed to have descended to the level
of the other contracting party and to have divested
itself of its sovereign immunity.
ii.
Exceptions when a public office may be sued w/o
prior consent of the State:
a.
b.
in order that suit may lie against the State, there
must be consent, either express or implied.
**where no consent is shown, state immunity from suit
may be invoked as a defense by the courts at any stage of
the proceedings…
(A governmental function is based on a municipal
corporation acting as an arm of the state, while a
proprietary function is involved when a local
government is administering local and internal affairs
within its territory.)
-
Where a public officer has committed an ultra
vires act (acting beyond its authority), or where
there is a showing of bad faith, malice or gross
negligence, the officer can be held personally
accountable, even if such acts are claimed to have
been performed in connection with official duties.
-
-
-
When the State enters into a
business contract
i. Jure imperii (sovereign acts)
ii. Jure gestionis**
(commercial/proprietary acts)
the State will be deemed to have impliedly waive
its non-suability only if it has entered into a
contract in its proprietary or private capacity.
Where the contract is in pursuit of a sovereign
activity, there is no waiver of immunity, and no
implied consent may be derived therefrom.
In exercising the power of eminent domain, the
State exercises a power of jus imperii
When the State enters into a contract, the sovereign
descends to the level the citizen.
Scope of Consent
-
-
-
-
Consent to be sued does not include consent to
the execution of judgment against it.
Such execution will require another waiver,
because the power of the court ends when the
judgement is rendered, since govt. funds and
properties may not be seized under writs of
execution or garnishment, unless such
disbursement is covered by the corresponding
appropriation as required by law.
But funds belonging to govt. corporations are not
exempted from garnishment.
All govt. funds that are deposited in any banks of
the PH, remain govt. funds and may not be
subjected to garnishment or levy.
Suit against LGU – to garnish, dapat mag pass
muna ng ordinance ang LGU.
However, the rule is not absolute and admits of a
well-defined exception, that is, when there is a
corresponding appropriation as required by law.
Suit against Nat’l govt. - dadaan muna sa
clearance ng CoA before ma-garnish ang funds.
Suability not equated with outright liability
-
Liability will have to be determined by the Court on
the basis of the evidence and the applicable laws.
Suability depends on the consent of the state to be
sued, liability on the applicable law and the
established facts. The circumstance that a state is
suable does not necessarily mean that it is liable.
Liability is not conceded by the mere fact that the
state has allowed itself to be sued. When the state
does waive its sovereign immunity, it is only
giving the plaintiff the chance to prove, if it can,
that the defendant is liable.
Difference between Principles and State Policies
-
(Sec. 7-28) State policies are those not binding
but mere guidelines for the state to act upon;
guidelines for better administration of the
government
(Sec. 1-6) Principles are inherent guidelines of the
state
-
**Generally, they are non-self-executing provision with
the exception provided for under sec 15,16 and 28.
SECTION 1. The Philippines is a democratic and
republican State. Sovereignty resides in the people and all
government emanates from them.
MANIFESTATIONS OF THESE TWO FEATURES OF
DEMOCRATIC AND REPUBLICAN STATE
1.
2.
3.
4.
5.
6.
Essential features of Republicanism:
o
o
PREAMBLE
We, the sovereign Filipino people, imploring the aid of
Almighty God, in order to build a just and humane society
and establish a Government that shall embody our ideals
and aspirations, promote the common good, conserve and
develop our patrimony, and secure to ourselves and our
posterity the blessings of independence and democracy
under the rule of law and a regime of truth, justice,
freedom, love, equality, and peace, do ordain and
promulgate this Constitution.
-
Preamble does not confer rights nor impose duties.
It enumerates the primary aims and aspirations of
the framers.
Representation
Renovation
What is a republican form of government?
It is a government of the people, by the people, and for the
people, a representative government wherein the powers
and duties of government are exercised and discharged
for the common good and welfare.
What is the purpose of Republicanism?
-
ART II. DECLARATION OF
PRINCIPLES
AND
STATE
POLICIES
Ours is a government of law and not of men
Accountability of public officers
Rule of majority
Bill of rights
Legislature cannot enact irrepealable laws
Separation of powers
-
To prevent concentration of authority in one
person that might lead to an irreversible error or
abuse in its exercise to the detriment of the
republican institutions.
To secure action, to forestall over action, to
prevent despotism, and to obtain efficiency.
Republican States


Representation - People act through their elected
representatives
Renovation
Democratic States




It is the Government of laws and not of men
(Villavicencio vs. Lukban)
Founded upon popular suffrage (rule of majority)
Tripartite body of government (separation of
powers)
There is a bill of rights (limitations)
Principle of Blending Powers – instances when powers
are not confined exclusively within one department but
are assigned to or shared by several departments, e.g.,
enactment of general appropriations law, Pres signing a
treaty, senate ratifies, veto of a bill, bayanihan act
Principle of check and balances - this allows one
department to resist encroachments upon its
prerogatives or to rectify mistakes or excesses committed
by the other departments, e.g., veto power of the
President, executive clemency, budget checking
Judicial Power – rests in the courts.
-
When the court mediates to allocate
constitutional boundaries or invalidates the acts
of a coordinate body, what it upholds is not its
own superiority but the supremacy of the
Constitution.
Doctrine of Judicial Supremacy
-
In cases of conflict, the judicial dept. is the only
constitutional organ w/c can be called upon to
determine the proper allocation of powers.
Doctrine of necessary implication
-
What is implied in a statute is as much a part of
that which is expressed.
The grant of an express power carries with it all
other powers that may be reasonably inferred
from it.
Political Question – it refers to those questions which,
under the Constitution, are to be decided by the people in
their sovereign capacity, or in regard to which full
discretionary authority has been delegated to the
legislative or executive branch of government.
Justiciable Question – an act or omission violative of said
right, and a remedy granted or sanctioned by law, for said
branch of right.
Delegation of Powers
Based on the ethical principle that delegated power
constitutes not only a right but a duty to be performed by
the delegate through the instrumentality of his own
judgement and not through the intervening mind of
another.
1. Delegation of tariff powers to the President
2. Delegation of emergency powers to the President
3. Delegation to the people at large
4. Delegation to local governments
5. Delegation to administrative bodies.
**the reason is the increasing complexity of the task of
government and the growing inability of the legislature to
cope directly with many problems demanding its
attention.
“Delegata potestas non potest delegari” no delegated
powers can be further delegated."
(2a) “state of emergency” – no legitimate constitutional
objection can be raised.
Emergency powers – requires delegation from Congress.
(3a)
Referendum
The power of the
electorate to approve or
reject legislation through
an election called for the
purpose.
Plebiscite
The electoral process by
w/c an initiative on the
Constitution is approved
or rejected by the people.
2 kinds:
a. Referendum on
statutes
–
petition
to
approve or reject
an act or law
passed
by
Congress.
b. Referendum on
local
law
–
petition to accept
or reject a law,
resolution
or
ordinance
enacted
by
regional
assemblies and
local legislative
bodies.
(5a) Regulations or supplementary rules passed by the
admin. bodies are intended to fill-in the gaps and provide
details to what is otherwise a broad statute passed by
congress.
Tests for valid delegation:
1.
2.
Completeness test – the law must be complete
in all its essential terms and conditions when it
leaves the legislature so that there will be
nothing left for the delegate to de when it reaches
him except to enforce it.
Sufficient standard test – intended to map out
boundaries of the delegate’s authority by
defining the legislative policy and indicating the
circumstances under which it is to be pursued
and effected.
SECTION 2. The Philippines renounces war as an
instrument of national policy, adopts the generally
accepted principles of international law as part of the law
of the land and adheres to the policy of peace, equality,
justice, freedom, cooperation, and amity with all nations.
**International law can become part of domestic law by
transformation or incorporation.
Doctrine of Incorporation
- International Laws are adopted as part of our
laws.
- **By mere constitutional declaration, intl. law is
deemed to have the force of domestic law.
-
The phrase, “generally accepted principles of
international law” refers to: norms of general or
customary international law, which are binding
on all states.
- e.g., Renunciation of war as an instrument of
national policy; Sovereign immunity, A person’s
right to life, liberty and due process, pacta sunt
servanda (agreements must be kept)
Doctrine of Transformation
- **international law principle is transformed into
domestic law through a constitutional
mechanism, such as local legislation.
- There must be a positive act on the part of the
government.
- WHY NEED ang Transformation? Because
there are some treaties which are not GAPIL. So,
there is a need to localize it
- e.g., UNCLOS 3
Rule in case of conflict between a rule of international
law and the provisions of the constitution or statute
of the local state:
o
o
Efforts should first to be exerted
to harmonize them, so as to give
effect to both.
In
case
the
conflict
is
irreconcilable,
jurisprudence
dictates that the municipal courts
should uphold municipal law.
**Both statutes and treaties may be invalidated if they are
in conflict with the Constitution.
Customary international law is a general and consistent
practice of States which is followed to form a sense of
legal obligation. E.g., grant of immunity.
SECTION 3. Civilian authority is, at all times, supreme
over the military. The Armed Forces of the Philippines is
the protector of the people and the State. Its goal is to
secure the sovereignty of the State and the integrity of the
national territory.
SECTION 4. The prime duty of the Government is to serve
and protect the people. The Government may call upon
the people to defend the State and, in the fulfillment
thereof, all citizens may be required, under conditions
provided by law, to render personal military or civil
service.
**to serve and protect.
How does the government comply with its two duties?
1.
2.
3.
The government may call upon the people to
defend the State.
The government may require all citizens, under
conditions provided by law, to render personal,
military, or civil service.
The government may use the AFP to repel any
threat to its security.
SECTION 5. The maintenance of peace and order, the
protection of life, liberty, and property, and promotion of
the general welfare are essential for the enjoyment by all
the people of the blessings of democracy.
SECTION 6. The separation of Church and State shall be
inviolable.
**It should be stated that what is guaranteed by our
Constitution is religious liberty, not mere religious
toleration.
-
the State should not use its money and coercive
power to establish religion. It should not support
a particular religion. The State is prohibited
from interfering with purely ecclesiastical
affairs. The church is likewise prohibited
from meddling in purely secular affairs. But it
does not mean that there is total or absolute
separation. The better rule is symbiotic relations
between the church and State.
Examples of these so-called ecclesiastical affairs:




proceedings for excommunication,
ordinations of religious ministers,
administration of sacraments and other
activities
with
attached
religious
significance.
Secular matters - have no relation whatsoever with the
practice of faith, worship or doctrines of the church.
Reinforced By:
1.
2.
3.
4.
Sec. 5, Art. III (Freedom of religion clause)
Sec. 2(5), Art. IX-C (religious sect cannot be
registered as a political party)
Sec. 5(2), Art. VI (no sectoral representative
from the religious sector)
Sec. 29(2), Art. VI (prohibition against
appropriation for sectarian benefit)
Exceptions:
1.
Sec. 28(3), Art. VI (churches, parsonages, etc.,
actually, directly and exclusively used for
religious purposes shall be exempt from
taxation)
2. Sec. 29(2), Art. VI (prohibition against
appropriation for sectarian benefit, except
when priest, etc., is assigned to the armed
forces, or to any penal institution or
government orphanage or leprosarium)
3. Sec. 3(3), Art. XIV (optional religious
instruction for public elementary and high
school students)
4. Sec. 4(2), Art. XIV (Filipino ownership
requirement for educational institutions,
except those established by religious groups
and mission boards.)
The Lemon test a regulation is constitutional when:
o
It has a
purpose;
secular
legislative
o
o
It neither advances nor inhibits
religion; and
It does not foster an excessive
entanglement with religion.
The Free Exercise Clause prohibits government from
inhibiting religious beliefs with penalties for religious
beliefs and practice, while the Non- Establishment
Clause prohibits government from inhibiting religious
belief with rewards for religious beliefs and practices.
-
-
FEC protects citizens' right to practice their
religion as they please, so long as the practice
does not run afoul of a “public moral” or a
"compelling" governmental interest.
NEC bars the government from taking sides in
religious disputes or favoring or disfavoring
anyone based on religion or belief (or lack
thereof).
Kinds of Wall of Separation
Elements of Religion:
1.
2.
3.
4.
Belief in God, or at least some parallel belief that
occupies a central place in the believer’s life.
It must involve a moral code, which transcends
individual belief.
There must be a demonstrable sincerity.
There must be associational ties.
SECTION 7. The State shall pursue an independent
foreign policy. In its relations with other states, the
paramount consideration shall be national sovereignty,
territorial integrity, national interest, and the right to selfdetermination.
SECTION 8. The Philippines, consistent with the national
interest, adopts and pursues a policy of freedom from
nuclear weapons in its territory.
Strict separation - means there is an absolute
impregnable wall between 2 institutions - they cannot
join each other.
SECTION 9. The State shall promote a just and dynamic
social order that will ensure the prosperity and
independence of the nation and free the people from
poverty through policies that provide adequate social
services, promote full employment, a rising standard of
living, and an improved quality of life for all.
Strict neutrality - All governmental acts are applicable
without discrimination.
What is the nature of the power of the State to control
and regulate trade?
a.
Separation
b. Benevolent Neutrality** - believes that with
respect to these governmental actions,
accommodation of religion may be allowed, not
to promote the government's favored form of
religion, but to allow individuals and groups to
exercise their religion without hindrance.
Mandatory benevolent neutrality - is an exemption of a
religious practice from the coverage of mandatory law
because of the observance of the constitutional guaranty
of religious freedom like exemption of property used
directly, exclusively and absolutely by religious
organizations for religious purposes.
Permissive benevolent neutrality - is the
accommodation of religious practices only because of
public policy.
Compelling state interest (refers to a method of
determining the constitutional validity of a law.)
1.
2.
3.
Whether the government act created a burden on
the free exercise of religion
Whether there is a compelling state interest
involved in order to justify the infringement of
religious freedom.
Whether achieving its legitimate purposes used
the least intrusive means possible so that the free
exercise is not infringed any more than necessary
to achieve the legitimate goal of the state.
-
The control and regulation of trade in the interest
of public welfare is of course an exercise of the
police power of the State. A person’s right to
property, whether he is a Filipino or a foreigner,
cannot be taken from him without due process of
law.
SECTION 10. The State shall promote social justice in all
phases of national development.
Social Justice
Social Justice is neither communism, nor despotism, nor
atomism, nor anarchy, but the humanization of laws
and the equalization of social and economic forces by
the State so that justice in its rational and objectively
secular conception may at least be approximated. Means
the promotion of the welfare of all the people, the
adoption by the Government of measures calculated
to insure economic stability of all the competent
elements of society, through the maintenance of a proper
economic and social equilibrium in the interrelations of
the members of the community, constitutionally, through
the adoption of measures legally justifiable, or extraconstitutionally, through the exercise of powers
underlying the existence of all governments on the
time-honored principle of salus populi est suprema
lex.
**The greater good for the greater number.
-
SJ is not only meant to favor the poor. They apply
with equal force to those who, notwithstanding
their more comfortable position in life, are
equally deserving of protection from the courts.
SJ is not a license to trample on the rights of the
rich in the guise of defensing the poor, where no
act of injustice or abuse is being committed
against them.
-
SJ - Equal distribution of wealth and resources in a society
so that everybody has a fair chance to grow and thrive in
whatever field they choose.
SECTION 11. The State values the dignity of every human
person and guarantees full respect for human rights.
SECTION 12. The State recognizes the sanctity of family
life and shall protect and strengthen the family as a basic
autonomous social institution. It shall equally protect the
life of the mother and the life of the unborn from
conception. The natural and primary right and duty of
parents in the rearing of the youth for civic efficiency and
the development of moral character shall receive the
support of the Government.
1.
2.
3.
SECTION 18. The State affirms labor as a primary social
economic force. It shall protect the rights of workers and
promote their welfare.
SECTION 19. The State shall develop a self-reliant and
independent national economy effectively controlled by
Filipinos.
-
The sanctity of family as the basic institution
Protection of the mother and the unborn
The support of the government in the
promotion of moral character of the youth
Principle of double-effect
In a conflict situation between the life of the child and the
life of the mother, the doctor is morally obliged always to
try to save both lives. However, he can act in favor of one
(not necessarily the mother) when it is medically
impossible to save both, provided that no direct harm is
intended to the other.
SECTION 13. The State recognizes the vital role of the
youth in nation-building and shall promote and protect
their physical, moral, spiritual, intellectual, and social
well-being. It shall inculcate in the youth patriotism and
nationalism, and encourage their involvement in public
and civic affairs.
SECTION 14. The State recognizes the role of women in
nation building, and shall ensure the fundamental
equality before the law of women and men.
SECTION 15. The State shall protect and promote the
right to health of the people and instill health
consciousness among them.
SECTION 16. The State shall protect and advance the
right of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature.
-
The right to a balanced and healthful ecology
carries with it the correlative duty to refrain from
impairing the environment.
SECTION 17. The State shall give priority to education,
science and technology, arts, culture, and sports to foster
patriotism and nationalism, accelerate social progress,
and promote total human liberation and development.
While the Constitution mandates that the
Congress shall assign the highest budgetary
priority to education to attract and retain its
rightful shares of the best talents, yet, the
Philippines has to respect international
commitments. It does not follow that the hand of
Congress is hamstrung as to deprive of the power
to respond to the imperatives of national interest
and for the attainment of other State policies and
objectives.
While the Constitution indeed mandates a bias in
favor of Filipino goods, services, labor and
enterprises, at the same time, it recognizes the
need for business exchange with the rest of the
world on the bases of equality and reciprocity
and limits protection of Filipino enterprises only
against foreign competition and trade practices
that are unfair.
SECTION 20. The State recognizes the indispensable role
of the private sector, encourages private enterprise, and
provides incentives to needed investments.
-
Although the Constitution enshrines free
enterprise as a policy, it nevertheless reserves to
the Government the power to intervene
whenever necessary for the promotion of the
general welfare
SECTION21. The State shall promote comprehensive
rural development and agrarian reform.
SECTION 22. The State recognizes and promotes the
rights of indigenous cultural communities within the
framework of national unity and development.
SECTION 23. The State shall encourage nongovernmental,
community-based,
or
sectoral
organizations that promote the welfare of the nation.
SECTION 24. The State recognizes the vital role of
communication and information in nation-building.
SECTION 25. The State shall ensure the autonomy of local
governments.
What is local autonomy?
-
It means giving the LGUs not only more and
greater powers but also providing them with
ample means and resources in order to enable
them to meet their enlarged responsibilities.
Under the Constitution, the State shall ensure the
autonomy of local government
Kinds of Decentralization
**Decentralization of administration - Happens when
the central government delegates administrative powers
to political subdivisions in order to broaden the base of
government power and in the process to make local
governments more responsive and accountable, as to
ensure their fullest development as self-reliant
communities to make them more effective partners in the
pursuit of national development and social progress
ARTICLE 6 – LEGISLATIVE
DEPARTMENT
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.
-
Decentralization of power - Involves and abdication of
political power in the favor of local government units
declared to be autonomous. The autonomous government
is free to chart its own destiny and shape its future with
minimum intervention from central authorities.
-
SECTION 26. The State shall guarantee equal access to
opportunities for public service, and prohibit political
dynasties as may be defined by law.
-
There is no constitutional right to run for or hold
public office. What is recognized is merely a
privilege subject to limitations imposed by law.
Section 26 of the Constitution neither bestows
such right nor elevates the privilege to the level
of an enforceable right
SECTION 27. The State shall maintain honesty and
integrity in the public service and take positive and
effective measures against graft and corruption.
SECTION 28. Subject to reasonable conditions prescribed
by law, the State adopts and implements a policy of full
public disclosure of all its transactions involving public
interest.
-
-
-
It is well established in jurisprudence that
neither the right to information nor the policy of
full public disclosure is absolute, there being
matters which, albeit of public concern or public
interest, are recognized as privileged in nature.
Extends to GOCCs whether they are performing
governmental or commercial functions.
w/n the issue is of public interest or public
concern and w/n there is a law prohibiting its
disclosure.
Public Interest/Concern kung:
 It will directly affect the life of the person
in that transaction/information
 Even if not directly affected, it will
naturally arouse the interest of an
ordinary citizen
They have the power to propose, enact, amend
and repeal laws.
Limitations:
 Substantive:
Express:
o Bill of Rights
o On appropriations
o On taxation
o On
constitutional
appellate
jurisdiction of the SC
o No law granting a title of royalty
or nobility shall be passed
Implied:
o Non-delegation of powers
o Prohibition against the passage of
irrepealable laws
 Procedural:
o Only one subject
o 3 readings on separate days
RA 6735
Initiative - is the power of the people to propose
amendments to the Constitutions or to propose and enact
legislations through an election called for the purpose.
3 systems:
a.
b.
c.
Initiative on the Constitution which refers to a
petition proposing amendments to the
Constitution
Initiative on statutes which refers to a petition
proposing to enact a national legislation
Initiative on local legislation which refers to a
petition proposing to enact a regional, provincial,
city, municipal, or barangay law, resolution or
ordinance.
Indirect initiative - is exercise of initiative by the people
through a proposition sent to Congress or the local
legislative body for action.
Referendum - is the power of the electorate to approve
or reject a legislation through an election called for the
purpose.
2 classes:
a.
Referendum on statutes which refers to a
petition to approve or reject an act or law, or part
thereof, passed by Congress
b.
Referendum on local law which refers to a
petition to approve or reject a law, resolution or
ordinance enacted by regional assemblies and
local legislative bodies.
Composition: not more than 250 members, unless
otherwise fixed by law.
a.
Prohibited measures:
1.
2.
No petition embracing more than one subject
shall be submitted to the electorate;
Statutes involving emergency measures, the
enactment of which is specifically vested in
Congress by the Constitution, cannot be subject
to referendum until 90 days after their
effectivity.
Local Initiative - not less than two thousand (2,000)
registered voters in case of autonomous regions, one
thousand (1,000) in case of provinces and cities, one
hundred (100) in case of municipalities, and fifty (50) in
case of barangays, may file a petition with the Regional
Assembly or local legislative body, respectively,
proposing the adoption, enactment, repeal, or
amendment, of any law, ordinance or resolution.
b.
c.
Apportionment of Legislative districts:
a.
Proportional representation based on number of
inhabitants
 City – at least 250K inhabitants to be
entitled for one representative
 Province – entitled to one representative
irrespective of number of inhabitants
 Metropolitan Manila area
b.
Each legislative district shall compromise, as far
as practicable, contiguous, compact, and adjacent
territory. This is to prevent gerrymandering –
creating or dividing congressional districts in a
manner intended to favor a particular party or
candidate.
Congress to make reapportionment of legislative
districts within 3 years following the return of
every census.
By law
 General apportionment law
 Special law
Limitations:
a.
b.
c.
The power of local initiative shall not be
exercised more than once a year
Initiative shall extend only to subjects or
matters which are within the legal powers of
the local legislative bodies to enact; and
If at any time before the initiative is held, the
local legislative body shall adopt in toto the
proposition presented, the initiative shall be
cancelled, however, those against such
action may, if they so desire, apply for
initiative.
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.
c.
d.
Qualifications: (Section 3)
a.
b.
c.
d.
e.
Natural-born citizen of the Philippines
On the day of the election, at least 35 years of age
Able to read and write
A registered voter
A resident of the Philippines for not less than 2
years immediately preceding the day of the
election.
Term of office: 6 years, commencing at noon on the 30 th
day of June following their election. (Unless otherwise
provided by law) (SECTION 4)
Limitation: No senator shall serve for more than
2 consecutive terms. Voluntary renunciation of 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 elected.
House of Representatives (SECTION 5)
Legislative District – elected from legislative
districts apportioned among the provinces, cities
and the Metropolitan Manila area.
Party-list Representatives – shall constitute
20% of the total number of representatives,
elected through a party-list system of registered
national, regional, and sectoral parties or
organizations.
Sectoral Representatives – one-half of the seats
allocated to party-list representatives shall be
filed, 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.
Qualifications: (SECTION 6)
a.
b.
c.
d.
e.
Natural-born Filipino citizen
On the day of election, at least 25 years of age
Able to read and write
Except the PLR, a registered voter in the district
in which he shall be elected
Resident thereof for not less than one year
immediately preceding the day of the election.
Term of office: 3 years, commencing at noon on the 30th
day of June following their election.
Limitation: shall not serve for more than 3
consecutive terms. Voluntary renunciation of
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 elected.
RA 7941
e.
The Party-List System
-
Is a mechanism of proportional representation in
the election of representatives to the HoR from
national, regional, and sectoral parties or
organizations or coalitions thereof registered
with the COMELEC.
Political Party - refers to an organized group of citizens
advocating an ideology or platform, principles and
policies for the general conduct of government and which,
as the most immediate means of securing their adoption,
regularly nominates and supports certain of its leaders
and members as candidates for public office.
 National Party - when its constituency is
spread over the geographical territory of
at least a majority of the regions.
 Regional Party - when its constituency is
spread over the geographical territory of
at least a majority of the cities and
provinces comprising the region.
Sectoral Party - refers to an organized group of citizens
belonging to any of the sectors enumerated in Section 5
hereof whose principal advocacy pertains to the special
interest and concerns of their sector.
Sectoral Organization - refers to a group of citizens or a
coalition of groups of citizens who share similar physical
attributes or characteristics, employment, interests or
concerns.
Coalition - refers to an aggrupation of duly registered
national, regional, sectoral parties or organizations for
political and/or election purposes.
Guidelines
a.
b.
c.
d.
on
who
may
participate
in
PLS:
3 different groups may participate in the PLS:
 National parties or organizations
 Regional parties or organizations
 Sectoral parties or organizations
National and Regional parties do not need to
organize along sectoral lines and do not need to
represent any “marginalized or underrepresented” sector.
Political parties can participate in PL elections
provided they register under the PLS and do not
field candidates in legislative district elections.
Through a sectoral wing. – is by itself an
independent sectoral party, and is linked to a
political party through a coalition.
Sectoral parties/organizations may either be:
“Marginalized and under-represented” –
labor, peasant, fisherfolk, urban poor, indigenous
cultural communities, handclapped, veteran,
oversees
workers.
“well-defined
constituencies” – professionals, women, youth,
elderly.
f.
A majority of the members of sectoral
parties/organizations that represent “MUR”
must belong to the “MUR”. A majority of the
members of sectoral parties/organizations that
lack “WDC”, either must belong to their
respective sectors, or must have a track record of
advocacy for their respective sectors. The
nominees
of
national
and
regional
parties/organizations must be bona fide
members of such parties/organizations.
National,
regional,
and
sectoral
parties/organizations shall not be disqualified of
some of their nominees are disqualified,
provided that they have at least one nominee
who remains qualified.
Parties who are disqualified:
1.
2.
3.
4.
5.
6.
7.
8.
It is a religious sect or denomination,
organization or association, organized for religious
purposes;
It advocates violence or unlawful means to seek
its goal;
It is a foreign party or organization;
It is receiving support from any foreign
government, foreign political party, foundation,
organization, whether directly or through any of its
officers or members or indirectly through third
parties for partisan election purposes;
It violates or fails to comply with laws, rules or
regulations relating to elections;
It declares untruthful statements in its petition;
It has ceased to exist for at least one (1) year; or
It fails to participate in the last two (2)
preceding elections or fails to obtain at least two
per centum (2%) of the votes cast under the partylist system in the two (2) preceding elections for
the constituency in which it has registered.
**The crucial element is not whether a sector is
specifically enumerated, but whether a particular
organization complies with the requirements of the
Constitution and RA 7941.
**SKIP OTHER SECS FOR NOW**
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. (Regular)
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. (Special)
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.
a.
b.
Freedom of arrest
 Reinforced by Art. 145
 Doctrine of condonation does not apply to
criminal cases.
Privilege of speech and of debate
 Regular or special session
 Member of Congress may be held to account
for such speech or debate by the House to
which he belongs.
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
1. may hold any other office or employment in the
Government, or any subdivision, agency, or
instrumentality thereof, including governmentowned or controlled corporations or their
subsidiaries, during his term without forfeiting his
seat.
2. 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.
Term – the time during w/c the officer may claim to hold
office
shall, last only for the duration of the term for
which the member of Congress was elected.
SECTION 14. No Senator or Member of the House of
Representatives
1.
may personally appear as counsel before any
court of justice or before the Electoral Tribunals, or
quasi-judicial 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.
2.
3.
SECTION 15. The Congress shall convene once every year
on the fourth Monday of July for its regular session,
unless a different date is fixed by law, and shall continue
to be in session for such number of days as it may
determine until thirty days before the opening of its next
regular session, exclusive of Saturdays, Sundays, and legal
holidays. The President may call a special session at any
time.
a.
Voting separately
 Choosing the president
 Determine President’s disability
 Confirming nomination of the VP
 Declaring the existence of state of war
 Proposing constitutional amendments
b. Voting jointly
 To revoke or extend proclamation
suspending the privilege of the writ of
habeas corpus
 Placing the PH under martial law
Tenure – the during which the incumbent actually holds
office.
a.
Incompatible office
 Forfeiture of the seat in Congress shall be
automatic upon the member’s assumption of
such other office deemed incompatible with
his seat in Congress.
 However, no forfeiture shall take place if the
member of the Congress holds the other
government office in ex officio capacity, e.g.,
membership in the Board of Regents in UP of
the chairman, Committee on Education in the
senate.
b. Forbidden Office

The ban against the appointment to the office
created or the emoluments thereof increased
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 onefifth of the Members present, be entered in the Journal.
Each House shall also keep a Record of its proceedings.
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HRET members enjoy security of tenure; their
membership may not be terminated except for a
just cause such as the expiration of congressional
term, death, resignation from the political party,
formal affiliation with another political party, or
removal for other valid causes.
(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.
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Only if the house fails to comply with the
directive of the Constitution on proportional
representation of political parties in the HRET
and Commission on Appointment can the PLR
seek recourse from the Court through judicial
review.
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The Electoral Tribunal is independent of the
Houses of Congress and its decisions may be
review by the SC only upon showing of grave
abuse of discretion.
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Discipline of its members: it is within the full
discretionary authority of the House concerned,
and the Court will not review such
determination, the same being a political
question.
RA 3019 is not a penalty but a preliminary
preventive measure and is not imposed upon a
petitioner for misbehavior as a member of
Congress.
Things to be entered in the journal:
o
o
o
o
Yeas and nays on 3rd and final reading of a bill
Veto message of the President
Yeas and nays on the repassing of a bill vetoed
by the President
Yeas and nays on any question at the request
of 1/5 of members present
Electoral Tribunal, which shall be the sole judge of all
contests relating to the election, returns, and
qualifications of their respective Members.
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Enrolled bill Theory – is one duly introduces and finally
passed by both Houses, authenticated by the proper
officers of each, and approved by the President.
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If a mistake was made in the printing of the bill
before it was certified by Congress and approved
by the President, the remedy is amendment or
corrective legislation, not a judicial decree.
The enrolled bill is conclusive upon the courts as
regards the tenor of the measure passed by
Congress and approved by the President.
Journal Entry v. Enrolled Bill: enrolled bill prevails,
except as to matters which, under the Constitution, must
be entered in the Journal.
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 partylist system represented therein. The senior Justice in the
Electoral Tribunal shall be its Chairman.
The HRET may assume jurisdiction only after the
winning candidate shall have been:
o Duly proclaimed
o Taken his oath of office
o Assumed the functions of the office
the power of HRET, no matter how complete and
exclusive, does not carry with it the authority to
delve into the legality of the judgement of the
naturalization. Why? To rule otherwise would be
an impermissible collateral attack on the
citizenship of respondent’s father.
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.
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A political party must have at least two elected
senators for every seat in the commission on
appointments.
It is not mandatory to elect 12 senators to the
commission; what the Constitution requires is
that there must be at least a majority of the entire
membership.
Doctrine of primary jurisdiction – it is
necessary that prior recourse be made to the
appropriate House of Congress before the
petition may be brought to Court.
They are independent of the two House of Congress; its
employees are not, technically, employees of Congress. It
has the power to promulgate its own rules of proceedings.
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CA has the power to approve/disapprove
appointments made by the President.
Not all appointments are subject for review by
CA.
Who are subject for approval of CA:
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1. The heads of the executive departments,
ambassadors, other public ministers and consuls,
officers of the armed forces from the rank of
colonel or naval captain; and
2. Chairman and Commissioners of CoA, COMELEC,
and CSC.
3. Regular members of the Judicial and Bar Council
Who is exempt from approval of CA? only the VP
SECTION 19. The Electoral Tribunals and the
Commission on Appointments shall be constituted within
30 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.
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This is based on the need to enable the President
to exercise his appointing power with dispatch in
coordination with the CA.
2 kinds of Presidential appointments:
o appointments made during the session of
Congress (regular appointments)
 subject to confirmation by the
CA; can only assume office upon
the
confirmation
of
appointment.
o appointments made during the recess of
Congress (ad interim appointments)
 permanent in nature; can
immediately assume office.
 ceases to be valid upon
disapproval by the Commission
on Appointments or, if not
confirmed, until the next
adjournment of Congress.
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.
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The power of Congress to conduct inquiries in aid
of legislation includes everything that concerns
the administration of existing laws, as well as
proposed or possibly needed statutes.
Aim of which is to elicit information that may
be used for legislation.
to improve existing laws or enact new or
remedial legislation.
Why is there a need to publish its rules? Since
senatorial elections changes every 3 years, each
senate may thus enact different set of rules as it
may deem fit.
the right of the people to access information on
matters of public concern generally prevails over
the right to the privacy of ordinary financial
transactions.
No right to self-incrimination since they are
merely summoned as resource persons, or as
witnesses. They will not be subjected to any
penalty by reason of their testimony.
Power to punish contempt. The Senate, being a
continuing
institution,
may
order
imprisonment. **In Balag case, until final
adjournment of the Congress (3yrs) can a
person be detained.
Once the committee report has been submitted
and approved/disapproved, then it will end the
aid of legislation. Detained persons are to be
released.
The mere filing of a criminal case or an admin.
complaint before a court or a quasi-judicial body
should not automatically bar the conduct of
legislative investigation.
Executive Privilege – the power of the govt. to
withhold info. from the public, courts, congress.
It is only for information and not to persons. EXP:
the President
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.
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Question hour. The objective of which is to
obtain information in pursuit of Congress’
oversight function.
Oversight function: the power to determine
what the executive officers had done so far in the
exercise of their functions.
As to purpose
As to who is
covered
As to
attendance
Aid of Leg.
For leg.
Purposes
(creation of
laws)
Any member of
the executive
Officers
are
compelled
to
attend
Qs Hour
For
oversight
functions (how
the laws have
been
implemented)
Limited to dept.
heads
May not be
compelled
to
attend, at the
discretion of the
Pres.
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.
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Why?
o Because the HoR is more in terms of its
members and therefore there will be more
representative of the people.
o Its members are presumed to know more
with the needs of the country since they come
from different districts, parties, organizations.
Appropriations bill: purpose of which is to
authorize the release of funds from the public
treasury.
Tariff: specifies the rates or duties to be imposed
on imported articles.
Revenue: one that levies taxes and raises funds
for the govt.
Bills of local application: bills creating a
municipal city, autonomous region, converting
into a city, etc.
Private bills: bills granting citizenship
Bills that may not be passed:
o Impairing the sep. of powers
o Appointment of elective officials
o Ex post facto laws, bills of attainder
o Laws impairing ObliCon
o 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.
o Section 31: No law granting a title of royalty
or nobility shall be enacted.
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.
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REASON: it is the theory that the President
knows more about the needed appropriations
than the legislature.
while it may not increase, there is no prohibition
in reducing such recommendations.
No reduction when it comes to the judiciary.
(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.
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Why? To prevent riders, or irrelevant provisions
included in the bill to ensure its approval.
“item” – meaning an allocation of a specified
singular amt. for a specified singular purpose
Why is a provision must relate only to one
particular party? If the president will exercise
his veto power, it will not affect the other items.
(3) The procedure in approving appropriations for the
Congress shall strictly follow the procedure for approving
appropriations for other departments and agencies.
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Why? To prevent abuse (sub rosa (done in
secret) appropriation by Congress.
(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.
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PURPOSE: to discontinue the practice of
fictitious appropriations that were frequently
enacted by the Congress even if it knew that no
funds were available.
(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.
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Prohibits one department from transferring
some of its funds to another department.
Augmentation – increase in amount of other
items
o Source is from savings in other items of
their respective appropriations.
The members of Congress only determine the
necessity of realignment of savings in the
allotments for their operating expenses
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because they are in the best position to do so,
being knowledgeable of the savings available in
some items of the operational expenses, and
which items need augmentation. However, it is
the Senate Pres. Or the Speaker of the HoR, as
the case may be, who shall approve the
realignment.
UNCONSTITUTIONAL:
o Withdrawal of unobligated allotments
from the implementing agencies
o the cross-border transfers of the
savings of the Executive to augment the
appropriations of other offices outside
the Executive.
 Why?
o The use of unprogrammed funds despite
the absence of a certification by the Natl.
Treasurer
There is no constitutional requirement for
Congress to create allotment classes within an
item; that what is required is for Congress to
create items to comply with the line-item of the
President.
“item” – meaning an allocation of a specified
singular amt. for a specified singular purpose,
otherwise known as “line-item.”
The programs, activities, projects under DAP
remain valid under the Operative Fact
Doctrine. As a general rule, the nullification of an
unconstitutional law carries with it the illegality
of its effects. However, in cases where
nullification of the effects will result in inequity
and injustice, the operative fact doctrine may
apply. - Acts done pursuant to a law which was
subsequently declared unconstitutional remain
valid, but not when the acts are done after the
declaration of unconstitutionality.
Impoundment – refers to the President’s power
to refuse to spend appropriations, or to retain or
deduct appropriations, for whatever reason. It is
actually prohibited unless there will be an
unmanageable govt. budget deficit.
(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 re-enacted 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.
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Why? To prevent
o fraud,
o hodge-podge - covers unrelated subj.
matters
o
o
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log rolling – the practice of including in
a leg. Bill unrelated provision to attract a
rider base of support and insure passage
of the bill as a whole
to fairly apprise the people.
It is sufficient if the title expresses the general
subject, and all provisions of the statute are
germane to the subject.
Comprehensive enough to include subjects
related to the general purpose which the statute
seeks to achieve.
(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.
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Why is there a conference committee? “Settle,
reconcile or thresh out differences on any
provision of the bill.”
Can propose amendment in the nature of
substitution.
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.
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The Conference Committee shall be composed of
Members of the House of Representatives and
the Senate, who will “settle, reconcile or thresh
out differences on any provision of the bill.”
Aside from reconciling the differences in each
version of the bills, the members of the
committee may also introduce new, but relevant,
provisions in the bill. (Compromise bill)
Amendment of Bicameral Committee allowed.
Why? The no amendment rule only applies to
each House and Bicameral committee is a
separate body.
(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.
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Partial veto is invalid. It is allowed only for
particular items in an appropriation, revenue or
tariff bill. (aka item veto)
Congressional veto – is a means whereby the
legislature can block or modify administrative
action taken under a statue.
Any provision blocking an administrative action
in implementing a law or requiring legislative
approval for executive acts must be incorporated
in a separate and substantive bill.
The spending power belongs to the Congress,
subject only to the veto power of the President.
While it is the President who proposes the
budget, the final say on the matter of
appropriation is lodge in Congress.
SECTION 28. (1) The rule of taxation shall be uniform and
equitable. The Congress shall evolve a progressive system
of taxation.
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Uniformity in taxation means that persons or
things belonging to the same class shall be taxed
at the same rate.
Equitable – the tax burden must be imposed
according to the taxpayer’s capacity to pay.
Progressive system – one which tends to
accelerate; to be progressive, the tax system
should be suited to the social conditions of the
people.
(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.
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(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.
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(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.
The import of the constitutional requirement for
an appropriation is to require their various
agencies to limit their expenditure within the
appropriations made by law for each fiscal year.
Appropriation law – the primary and specific
purpose if which is to authorize the release of
public funds from the treasury.
“An appropriation of law” exists when a
provision of law:
o Sets apart a determinable amt. of money
o Allocates the same for a particular public
purpose.
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Classifications:
o General Appropriation law – passed
annually, intended to provide for the
financial operations of the entire govt.
during one fiscal period.
o Special appropriation law – designed
for specific purpose.
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Limitations on appropriation measures:
o Appropriation must be devoted to a
public purpose
o The sum authorized to be released must
be determinate, or at least determinable.
Why? So that the Natl. treasurer will
have a guide on how much is to be
released and not have an unlimited
discretion in the release of funds.
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Limitations
on
special
appropriation
measures: (Art. 25, sec. 4)
o Must specify the public purpose for
which the sum is intended.
o Must be supported by funds actually
available as certified to by the National
Treasurer, or to be raised by a
corresponding
revenue
proposal
included therein.
Rules on general appropriations law: (Section
25, Art. 6)
(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.
PURPOSE: to emphasize the neutrality of the
State in ecclesiastical matters.
the taxes covered by the exemption are real
estate taxes.
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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.
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Why? To prevent further additions to the present
heavy loaded cases of the Supreme Court.
SECTION 31. No law granting a title of royalty or nobility
shall be enacted.
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Why? To preserve our republican/ democratic
nature society. To prohibit the creation of
privileged classes with special perquisites that is
not available to the rest of the citizens.
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.
RA 6735
Initiative - is the power of the people to propose
amendments to the Constitutions or to propose and enact
legislations through an election called for the purpose.
3 systems:
d.
e.
f.
Initiative on the Constitution which refers to a
petition proposing amendments to the
Constitution
Initiative on statutes which refers to a petition
proposing to enact a national legislation
Initiative on local legislation which refers to a
petition proposing to enact a regional, provincial,
city, municipal, or barangay law, resolution or
ordinance.
Indirect initiative - is exercise of initiative by the people
through a proposition sent to Congress or the local
legislative body for action.
Referendum - is the power of the electorate to approve
or reject a legislation through an election called for the
purpose.
2 classes:
c.
d.
Referendum on statutes which refers to a
petition to approve or reject an act or law, or part
thereof, passed by Congress
Referendum on local law which refers to a
petition to approve or reject a law, resolution or
ordinance enacted by regional assemblies and
local legislative bodies.
in the government that is neither legislative
nor judicial has to be executive.
ARTICLE 7 – EXECUTIVE
DEPARTMENT
Section 1. The executive power shall be vested in
the President of the Philippines.
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Executive power – is the power of carrying
out the laws into practical operation and
enforcing their due observance.
o The President’s power of general
supervision over local govts. could
be exercised by him only as may be
provided by law.
What are the executive powers of the
President?
o Appointing Power
o (Control Power) the power of
control
over
all
executive
departments, bureaus and offices,
o (Military Power) the powers under
the commander-in-chief clause…
o ordinance powers
 EOs, AOs, MCs, MOs,
Proclamations, GOs
o (Pardoning Power) the power to
grant reprieves, commutations and
pardons,
o the power to grant amnesty with
the concurrence of Congress,
o (Borrowing power) the power to
contract or guarantee foreign loans…
concurrence of the Monetary Board.
o (Diplomatic Power) the power to
enter into treaties or international
agreements… concurrence of the
Senate
o (Budgetary Power) the power to
submit the budget to Congress, and
o (Informing Power) the power to
address Congress
o power to approve or veto bills
o power to call a special session.
o To discipline its deputies
o By delegation, to exercise emergency
powers and tariff powers.
It also grants the President other powers
that do not involve the execution of any
provision of law, e.g., his power over the
country's foreign relations.
The President may not, without a law
authorizing him to do so, exercise
emergency powers.
The President may not amend by EO
without prior legislative authority.
The Constitution may have grant powers to
the President, it cannot be said to be limited
only to the specific powers enumerated in
the Constitution. Whatever power inherent
Residual power it is the power by the President’s
duty to preserve and defend the Constitution.
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Under the law, unless Congress provides
otherwise, the President shall exercise such
other powers and functions vested in the
President which are provided for under the
laws and which are not specifically
enumerated above, or which are not
delegated by the President in accordance
with law.
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Examples of Residual Powers:
o Power over aliens - may be
exercised
independently
of
constitutional or statutory authority
because it is an “act of state.”
o Power to reorganize the executive
branch – grants the President the
broad organization powers to
implement
reorganization
measures.
o In case of Marcos v. Manglapus,
Aquino was exercising this power
when she imposed the ban on the
return of the Marcoses and clipped
their right to return to their country.
The president’s constitutional duties
to serve and protect the people,
maintain peace and order, protect
life, liberty and property, and
promote the general welfare.
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.
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But no VP shall serve for more than 2
successive terms.
Section 4. The President and the Vice-President
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 VicePresident, 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.
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Congress has vested by the Constitution the
authority to proclaim the winning
candidates for the positions of President and
VP.
Congress may validly delegate the initial
determination of the authenticity and due
execution of the certificates of canvas to a
Joint Congressional Committee. It will not
constitute GAD. Why? The decisions and
final report of the said committees shall be
subject to the approval of the joint session of
both Houses, voting separately.
If the COMELEC is proscribed from
conducting an official canvass of the votes
cast for the President and Vice President, the
COMELEC is, with more reason, prohibited
from making an "unofficial" canvass of said
votes.
As the canvass is regarded merely as a
ministerial function, the Congress shall not
have the power to inquire into or decide
questions of alleged irregularities in the
conduct of the elections.
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.
The Congress shall promulgate its rules for the
canvassing of the certificates.
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.
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PET was designed to simply highlight the
singularity and exclusivity of the Tribunal’s
functions as a special electoral court.
The power wielded by PET is a derivative of
the plenary judicial power allocated to
courts of law.
Section 5. Before they enter on the execution of
their office, the President, the Vice-President, or the
Acting President shall take the following oath or
affirmation:
“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 VicePresident 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.
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While the President is immune from suit, she
may not be prevented for instituting suit.
President is immune from civil liability.
But, after his tenure, he cannot invoke
immunity from suit for civil damages arising
out of acts done by him while he was
President which were not performed in the
exercise of official duties.
during his tenure of office or actual
incumbency, may not be sued in any civil or
criminal case, and there is no need to provide
for it in the Constitution or law. It will degrade
the dignity of the high office of the President,
the head of State, if he can be dragged into
court litigations while serving as such. (David
v. Arroyo)
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Executive Privilege – the right of the
President and high-level executive branch
officials to withhold information from
Congress, the Courts, and the public.
However, the necessity for withholding the
information must be of such a high degree as
to outweigh the public interest in enforcing
that obligation in a particular case.
o the claim of executive privilege is
highly recognized in cases where the
subject of the inquiry relates to a
power textually committed by the
Constitution to the President, such as
in the area of military and foreign
relations.
o The choice of whether to exercise the
privilege or to waive it is solely the
President's prerogative.
Informer’s Privilege – the privilege of the
Govt. not to disclose the identity of a
person/s who furnish information on
violations of law to officers charged with the
enforcement of that law.
Privilege accorded to presidential
communications – applies to the decision
making of the President.
Elements:
o The protected communication must
relate to a “quintessential and nondelegable presidential power,” - such
as the power to enter into executive
agreements
o The communication must be
authored or “solicited and received”
by a close advisor of the President, such as a member of the Cabinet, or
the President himself
o The presidential communications
privilege remains a qualified
privilege that may be overcome by a
showing of adequate need, - such
that the information sought “likely
contains important evidence” and by
the unavailability of the information
elsewhere by an appropriate
investigating authority.
Deliberative process privilege – which
covers documents reflecting advisory
opinions,
recommendations
and
deliberations compromising part of a
process by which governmental decisions
and policies are formulated.
Diplomatic negotiations privilege – which
is meant to encourage a frank exchange of
ideas between the negotiating parties by
shielding such negotiations from public
view.
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Emolument – the profit arising from office
or employment; that which is received as
compensation for services…
Section 7. The President-elect and the Vice
President-elect shall assume office at the beginning
of their terms.
If the President-elect fails to qualify, the Vice
President-elect shall act as President until the
President-elect shall have qualified.
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.
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.
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.
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 VicePresident, 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.
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The Court declared that the elements of a
valid resignation are:
o Intent to resign
o Act of relinquishment
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 VicePresident 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 VicePresident 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 Sen ate and the Speaker of the
House of Representatives his written declaration
that he is unable to discharge the powers and duties
of his office, and until he transmits to them a written
declaration to the contrary, such powers and duties
shall be discharged by the Vice-President as Acting
President.
Whenever a majority of all the Members of the
Cabinet transmit to the President of the Senate and
to the Speaker of the House of Representatives their
written declaration that the President is unable to
discharge the powers and duties of his office, the
Vice-President shall immediately assume the
powers and duties of the office as Acting President.
Thereafter, when the President transmits to the
President of the Senate and to the Speaker of the
House of Representatives his written declaration
that no inability exists, he shall reassume the powers
and duties of his office. Meanwhile, should a
majority of all the Members of the Cabinet transmit
within five days to the President of the Senate and to
the Speaker of the House of Representatives their
written declaration that the President is unable to
discharge the powers and duties of his office, the
Congress shall decide the issue. For that purpose, the
Congress shall convene, if it is not in session, within
forty-eight hours, in accordance with its rules and
without need of call.
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 the 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 governmentowned or controlled corporations or their
subsidiaries. They shall strictly avoid conflict of
interest in the conduct of their office.
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Ex-officio capacity allowed. – “by virtue of
office.” No additional compensation because
these services are deemed already paid for
and covered by the compensation attached
to the principal office.
Ex-officio -
The spouse and relatives by consanguinity or affinity
within the fourth civil degree of the President shall
not during his tenure be appointed as members of
the Constitutional Commissions, or the Office of the
Ombudsman, or as Secretaries, Undersecretaries,
chairmen or heads of bureaus or offices, including
government-owned or controlled corporations and
their subsidiaries.
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It is intended as a guaranty against nepotism.
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.
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Not applicable to judiciary members.
Purpose: to prevent the use, abuse, of the
appointing power for the purpose of
enlisting political support in exchange for
some appointive in the government.
This will also prevent the “midnight
appointments” – last minute appointment.
Midnight appointments are prohibited
because an outgoing President is "duty
bound to prepare for the orderly transfer of
authority to the incoming President, and he
[or she] should not do acts which he [or she]
ought to know, would embarrass or obstruct
the policies of his [or her] successor."
Applies only to presidential appointments.
The presidential power of appointment may
also be limited by Congress through its
power to prescribe qualifications for public
office; and the judiciary may annul an
appointment made by the President if the
appointee is not qualified or has not been
validly confirmed.
The Power of Removal.
o GR: the power of removal may be
implied from the power of
appointment.
o HOWEVER: he cannot remove
officials appointed by him where the
Constitution prescribes certain
methods for separation of such
officers from public services.
 Chairmen
and
commissioners of ConCom
–
removed
only
by
impeachment
 Judges
–
subject
to
disciplinary of the SC.
SECTION 16. (Appointing Power) 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.
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First, the heads of the executive
departments, ambassadors, other public
ministers and consuls, 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;
Second, all other officers of the Government
whose appointments are not otherwise
provided for by law;
Third, those whom the President may be
authorized by law to appoint;
Fourth, officers lower in rank whose
appointments the Congress may by law vest
in the President alone.
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 after
disapproval by the Commission on Appointments or
until the next adjournment of the Congress.
Appointment
Is the selection, by
authority vested with
the power, of an
individual who is to
exercise the functions
of a given office.
Designation
The imposition of
additional
duties,
usually by law, on a
person already in the
public service.
Permanent appointments – are those extended to
persons possessing the requisite eligibility and are
thus protected by the constitutional guarantee of
security of tenure.
Temporary appointments – are given to persons
w/o such eligibility, revocable at will and w/o the
necessity of just cause or a valid investigation.
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A temporary appointment and a designation
are not subject to confirmation by the CA.
such confirmation, if given erroneously, will
not make the incumbent a permanent
appointee.
Regular appointment – is one made by the
President while Congress is in session, takes effect
only after confirmation by the CA, and once
approved, continues until the end of the term of the
appointee.
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Subject for approval:
o The heads of the executive
departments
o Ambassadors, other public ministers
and consuls
o Officers of the armed forces from the
rank of colonel or naval captain
o Those
other
officers
whose
appointments are vested in him by
the Constitution
o All other officers of the govt, whose
appointments are not provided for
by law
o Those whom he may be authorized
by law to appoint.
Ad interim appointment – is one made by the
President while Congress is not in session, takes
effect immediately, nut ceases to be valid if
disapproved by the CA or upon the next
adjournment of Congress.
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Intended to prevent interruptions in vital
government services that would otherwise
result from prolonged vacancies in
government offices.
It is a permanent appointment because it
takes effect immediately and can no longer
be withdrawn by the President once the
appointee has qualified into office.
When the CA disapproves = no extension of
appointment/ renewal.
When it is by-passed = the Pres. is free to
renew the ad interim appointment.
In case of vacancy in an office occupied by
an alter ego of the President, such as the
office of a department secretary, the
President must necessarily appoint an alter
ego of her choice as acting secretary before
the permanent appointee of her choice could
assume office. (Pimentel v. Ermita)
Ad interim appt.
Acting capacity
Both of them are effective upon acceptance.
extended only during a extended any time
recess of Congress
there is a vacancy.
submitted
to
the are not submitted to
Commission
on the Commission on
Appointments
for Appointments.
confirmation
or
rejection
Acting appointments are a way of temporarily
filling important offices but, if abused, they can also
be a way of circumventing the need for confirmation
by the Commission on Appointments.
SECTION 17. (Control Power) The President shall
have control of all the executive departments,
bureaus, and offices. He shall ensure that the laws be
faithfully executed.
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Control - Is the power of an officer to alter,
modify, nullify, or set aside what a
subordinate officer had done in the
performance of his duty and to substitute the
judgement of the former for that of the latter.
Authority to reorganize the executive
department. – in line with the President’s
constitutionally granted power of control
over executive offices and by virtue of
previous delegation of the legislative power
to reorganize executive powers under
existing statutes.
While the power to abolish an office is
generally lodged in the legislature, the
authority of the President to reorganize the
executive branch, which may incidentally
include such abolition, is permissible under
present laws. (MEWAP v. Romulo)
Doctrine of Political Agency - the heads of the
various executive departments are the alter
egos of the President, and, thus, the actions
taken by such heads in the performance of
their official duties are deemed the acts of
the President unless the President himself
should disapprove such acts.
The president may delegate certain powers
to the Executive Secretary at his discretion.
The president may delegate powers which
are not required by the Constitution for him
to perform personally. Why? The president
is not expected to perform in person all the
multifarious executive and administrative
functions.
But even if they are the alter ego of the
President, they cannot invoke the
President’s immunity from suit in a case
filed against them, inasmuch as the
questioned acts are not those of the
President.
SECTION 18. (Military Power) 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.
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Under the calling-out power, the President
may summon the armed forces to aid her in
suppressing lawless violence, invasion or
rebellion; this involves ordinary police
action. But every act that goes beyond the
President’s calling-out power is considered
illegal or ultra vires.
o Have the discretion of the President
Requisites: (applicable to suspension/
declaration only)
o Invasion or rebellion
o Public safety requires it
State of rebellion (not a martial law) –
whenever it becomes necessary, discretion
of the President.
o Only give notice to the entire nation
o No authorization for warrantless
arrest
o Emanated from the power of the
president under its executive power
State of nat’l emergency
o Requires the congressional positive
act; there must be a law delegating
the president to exercise certain
powers in the Constitution.
The Congress, if not in session, shall, within twentyfour hours following such proclamation or
suspension, convene in accordance with its rules
without any 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 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.
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The suspension of the privilege of writ does
not impair right to bail (Art. 3, sec. 13)
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Writ of habeas corpus
o Petition for HC – directed to the
person illegally detaining another,
commanding him to produce the
body of the prisoner before the
Courts.
o There is warrantless arrest
o Under the Constitution, the writ is
not suspended, only the privilege of
writ.
 Writ – to ask for the purpose
of detention
 Privilege of writ – privilege
to be released
 Meaning: the court
must inquire to the
detention
Ex: there’s a suspension of privilege of writ,
Mayor X was detained for rebellion, the court
issued writ to ask the body of Mayor X to be
produced.
o If you are not released w/n 3 days,
you can charge those who detained
you with arbitrary detention.
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Art. 2, sec. 15 – the privilege of writ of HC
shall not be suspended except in cases of
invasion or rebellion, when the public safety
requires it.
The Court has the power to annul the
suspension of the privilege of writ of HC if
the same is not based on either of the two
grounds stated in the Constitution.
The constitutional validity of the President’s
proclamation of ML or suspension of the writ
is first a PQ in the hands of the Congress,
before it becomes a JQ.
Martial Law
o Participation of Congress
 The power to review or
revoke such proclamation
 The power to approve the
extension (includes the
power to pre-terminate)
o Cannot be set aside the revocation of
Congress bc they’ll be subjected to
impeachment
o There must be an initiative on the
President
o Any citizen may Qs the sufficiency &
validity of the factual basis of
declaration of ML.
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The suspension of the privilege of the writ shall
apply only to persons judicially charged for
rebellion or offenses inherent in or directly
connected with the invasion.
During the suspension of the privilege of the writ,
any person thus arrested or detained shall be
judicially charged within three days, otherwise he
shall be released.
SECTION 19. (Pardoning Power) 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.
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Pardon – an act of grace which exempts the
individual on whom it is bestowed from the
punishment that the law inflicts for the
crime he has committed.
Commutation – reduction or mitigation of
the penalty
Reprieve – postponement of a sentence or
stay of execution
Parole – release from imprisonment, but
without full restoration of liberty, as parolee
is still in the custody of the law although not
in confinement.
May not be controlled by the legislature or
reversed by the courts, unless there is a
constitutional violation.
LIMITATIONS:
o cannot be granted in cases of
impeachment
o cannot be granted in cases of
violation of election laws without the
favorable recommendation of the
COMELEC.
o Can be granted only after final
judgement. (for pardon)
o Cannot be granted in cases of
legislative contempt or civil
contempt; except amnesty
o Cannot absolve the convict of civil
liability.
o Cannot restore public offices
forfeited.
Conditional pardon – the pardonee should
comply with the conditions of the pardon.
The President may order the arrest or reincineration of such person who, in his
judgement, shall fail to comply with the
conditions of the pardon. And the exercises
of this Presidential judgement is beyond
judicial scrutiny.
Cannot be compelled by the Congress , it is
discretionary of the President.
He shall also have the power to grant amnesty with
the concurrence of a majority of all the Members of
the Congress.
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Amnesty – act of grace, concurred in by the
legislature, usually extended to groups of
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persons who committed political offenses,
which puts into oblivion the offense itself.
The person released under an amnesty
proclamation stands before the law
precisely as though he had committed no
offense.
Amnesty
Pardon
Given
to
political Given to the violators of
offenses
the laws of the state or
ordinary offenders.
Granted to classes of Granted to Individuals
persons
No need for distinct Acceptance
is
acts of acceptance
necessary
Requires concurrence Does
not
require
of Congress
concurrence
A public act which the Private act which must
courts may take judicial be pleaded and proved.
notice of
Looks backward and Looks forward and
forgets the offense relieves the pardonee
itself.
of the consequences of
the offenses.
SECTION 20. (Borrowing Power) 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 decisions on
applications for loans to be contracted or
guaranteed by the Government or governmentowned 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. (Diplomatic Power) 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.
Treaties
Intl. agreements which
involve political issues
or changes of national
policy and those
involving intl.
agreements of
permanent character.
Formal agreement
between two or more
countries.
Executive
Agreements
Intl. agreements
involving adjustment
of details carrying out
well established
national policies and
traditions and
involving
arrangements of a
more or less temporary
nature. An agreement
made between the
Pres, and a head of a
Formal documents
require ratification
Subject to senate
concurrence.
foreign state, or
between subordinates.
Become binding
through executive
action.
No need for senate
concurrence.
If mag withdraw, the
President alone lang.
no need for
concurrence,
-
-
-
Treaties are formal documents which
require ratification with the approval of twothirds of the Senate. Executive agreements
become binding through executive action
without the need of a vote by the Senate or
by Congress.
Section 25, Article XVIII disallows foreign
military bases, troops, or facilities in the
country, unless the following conditions are
sufficiently met:
o it must be under a treaty;
o the treaty must be duly concurred
in by the Senate and, when so
required by congress, ratified by a
majority of the votes cast by the
people in a national referendum; and
o recognized as a treaty by the other
contracting state.
Under international law, an executive
agreement is as binding as a treaty.
SECTION 22. (Budgetary Power) 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. (Informing Power) The President
shall address the Congress at the opening of its
regular session. He may also appear before it at any
other time.
ARTICLE 8 – JUDICIAL
DEPARTMENT
Section 1. The judicial power shall be vested in one
Supreme Court and in such lower courts as may
be established by law.
Judicial power includes the duty of the courts of
justice to settle actual controversies involving rights
which are legally demandable and enforceable, and
to determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of the Government.
-
The inherent powers of a Court to amend
and control its processes and orders…
Includes the right to reverse itself.
The reorganization of the Supreme Court is
purely an internal matter.
Requisites of Judicial Review:
1. There is an actual case or controversy
calling for the exercise of judicial power
- Involves a conflict of legal rights, an
assertion of opposite legal claims
susceptible of judicial resolution.
2. The question of constitutionality must be
raised by the proper party. (Legal standing)
- The person challenging the act must
have standing to challenge, he must
have a personal and substantial
interest in the case such that he has
sustained or will sustain direct injury
as a result of its enforcement
3. The question of constitutionality must be
raised at the earliest possible opportunity
- GR: if not raised in the pleadings, it
cannot be considered at the trial, and,
if not considered at the trial, it cannot
be considered on appeal.
- EXP;
a. In
criminal
cases,
the
constitutional question can be
raised at any time in the
discretion of the court
b. In civil cases, the constitutional
question can be raised at any
stage if it is necessary to the
determination of the cases itself
c. In every case, except where
there
is
estoppel,
the
constitutional question may be
raised at any stage if it involves
the jurisdiction of the court.
4. The issue of constitutionality must be the very
lis mota of the case
- courts will not touch the issue of
constitutionality unless it is truly
unavoidable and is the very lis
mota or crux of the controversy.
o
o
Section 2. The Congress shall have the power to
define, prescribe, and apportion the jurisdiction of
the various courts but may not deprive the Supreme
Court of its jurisdiction over cases enumerated in
Section 5 hereof.
o
o
No law shall be passed reorganizing the Judiciary
when it undermines the security of tenure of its
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. 6)
Deliberative process privilege – privilege
against disclosure of information or
communication, to enable the members of
the Court to “freely discuss the issues
without fear of criticism for holding
unpopular positions” or fear of humiliation
for one’s comments.
The following are privileged documents
or communications and not subject to
disclosure:
o Courts actions such as the result of
the raffle of cases and actions taken
by the Court on each case included in
the agenda of the Court’s session on
acts done material to pending cases.
o Court deliberations on cases and
matters pending before the Court
o Court
records
which
are
“predecisional” and “deliberative” in
nature
o Confidential information secured by
justices, judges, court officials and
employees in the Course of their
official functions.
o Records of cases that are still
pending for decision are privileged
material that cannot be disclosed.
Constitutional Safeguards to insure the
independence of the Judiciary:
o The SC is a constitutional body; it
may not be abolished by the
legislature
o The members of the SC are
removable only by impeachment
o The SC may not be deprived of its
minimum original and appellate
jurisdiction; appellate jurisdiction
o
may not be increased without its
advice and concurrence.
The
SC
has
administrative
supervision all inferior courts and
personnel.
The SC has the exclusive power to
discipline judges/justices of inferior
courts.
The members of the judiciary have
security of tenure.
The members of the Judiciary may
not be designated to nay agency
performing
quasi-judicial
or
administrative functions.
Salaries of judges may not be
reduced; the Judiciary enjoys fiscal
autonomy.
Section 3. The Judiciary shall enjoy fiscal
autonomy. Appropriations for the Judiciary may not
be reduced by the legislature below the amount
appropriated for the previous year and, after
approval, shall be automatically and regularly
released.
-
-
Fiscal autonomy means that local
governments have the power to create their
own sources of revenue in addition to their
equitable share in the national taxes
released by the National Government, as
well as the power to allocate their resources
in accordance with their own priorities.
To allow the COA to substitute the Court’s
policy in the disposal of its property would
be tantamount to encroachment into this
judicial prerogative.
Section 4. (1) The Supreme Court shall be
composed of a Chief Justice and fourteen
Associate Justices. It may sit en banc or in its
discretion, in division of three, five, or seven
Members. Any vacancy shall be filled within ninety
days from the occurrence thereof.
(En banc cases) (2) All cases involving the
constitutionality of a treaty, international or
executive agreement, or law, which shall be heard by
the Supreme Court en banc, and all other cases
which under the Rules of Court are required to be
heard en banc, including those involving the
constitutionality, application, or operation of
presidential decrees, proclamations, orders,
instructions, ordinances, and other regulations, shall
be decided with the concurrence of a majority of the
Members who actually took part in the deliberations
on the issues in the case and voted thereon.
(Division cases) (3) Cases or matters heard by a
division shall be decided or resolved with the
concurrence of a majority of the Members who
actually took part in the deliberations on the issues
in the case and voted thereon, and in no case without
the concurrence of at least three of such Members.
When the required number is not obtained, the case
shall be decided en banc: Provided, that no doctrine
or principle of law laid down by the court in a
decision rendered en banc or in division may be
modified or reversed except by the court sitting en
banc.
-
-
Section 5. The Supreme Court shall have the
following powers:
(Original Jurisdiction) (1) Exercise original
jurisdiction over cases affecting ambassadors, other
public ministers and consuls, and over petitions
for certiorari, prohibition, mandamus, quo warranto,
and habeas corpus.
-
-
-
Certiorari, mandamus, prohibition = Qs of
jurisdiction or GAD
Quo warranto = title of the resp.
o Is an action against a public officer
who does or suffers an act which, by
the provision of law, constitutes a
ground for the forfeiture of his
office…
Habeas corpus = is a special proceeding
Judicial courtesy indeed applies if there is a
strong probability that the issues before the
higher court would be rendered moot as a
result of the continuation of the proceedings
in the lower court.
Hierarchy of courts – requires that
recourse must be first be made to the lower
court exercising concurrent jurisdiction
with a higher court.
(Appellate Jurisdiction) (2) Review, revise,
reverse, modify, or affirm on appeal or certiorari, as
the law or the Rules of Court may provide, final
judgments and orders of lower courts in:
a. All cases in which the constitutionality or
validity of any treaty, international or
executive agreement, law, presidential
decree, proclamation, order, instruction,
ordinance, or regulation is in question.
b. All cases involving the legality of any tax,
impost, assessment, or toll, or any penalty
imposed in relation thereto.
c. All cases in which the jurisdiction of any
lower court is in issue.
d. All criminal cases in which the penalty
imposed is reclusion perpetua or higher.
e. All cases in which only an error or question
of law is involved.
Sec. 30, Art. 6, no law shall be passes
increasing the appellate jurisdiction of the
Supreme Court without its concurrence.
Appellate jurisdiction of the SC is limited
to questions of law.
A question of law – when the doubt or
controversy
concerns
the
correct
application of law or jurisprudence to a
certain set of facts…
Appeal is as a general rule a matter of
statutory right entirely dependent upon the
discretion or policy of the lawmaking body.
But this rule is not absolute.
(3) Assign temporarily judges of lower courts to
other stations as public interest may require. Such
temporary assignment shall not exceed six months
without the consent of the judge concerned.
(4) Order a change of venue or place of trial to
avoid a miscarriage of justice.
(Rule-making power) (5) Promulgate rules
concerning the protection and enforcement of
constitutional rights, pleading, practice, and
procedure in all courts, the admission to the practice
of law, the integrated bar, and legal assistance to the
underprivileged. (Limitations) Such rules shall
provide a simplified and inexpensive procedure for
the speedy disposition of cases, shall be uniform for
all courts of the same grade, and shall not diminish,
increase, or modify substantive rights. Rules of
procedure of special courts and quasi-judicial bodies
shall remain effective unless disapproved by the
Supreme Court.
-
The power to promulgate rules of pleading,
practice and procedure is no longer shared
by this Court with Congress, more so with
the Executive.
(Power of Appointment) (6) Appoint all officials
and employees of the Judiciary in accordance with
the Civil Service Law.
(Power of Administrative Supervision) Section 6.
The Supreme Court shall have administrative
supervision over all courts and the personnel
thereof.
-
-
The Ombudsman may not initiate or
investigate a criminal or administrative
complaint before his office against a judge;
he must first indorse the case to the SC for
appropriate action.
Administrative proceedings before the SC
are confidential in nature…
(QUALIFICATIONS) Section 7. (1) No person shall
be appointed Member of the Supreme Court or any
lower collegiate court unless he is a natural-born
citizen of the Philippines. A Member of the Supreme
Court must be at least forty years of age, and must
have been for fifteen years or more, a judge of a
lower court or engaged in the practice of law in the
Philippines.
(2) The Congress shall prescribe the
qualifications of judges of lower courts, but no
person may be appointed judge thereof unless he is
a citizen of the Philippines and a member of the
Philippine Bar.
(3) A Member of the Judiciary must be a person
of proven competence, integrity, probity, and
independence.
-
-
-
Supreme Court: Natural born citizen of the
PH, at least 40yearas of age, for 15 years or
more a judge of a lower court or engaged in
the practice of law in the Philippines
Lower Collegiate Courts: Natural born
citizen of the Philippines, member of the PH
bar, but Congress may prescribe other
qualifications
Lower Courts: Citizen of the PH, member of
the PH bar, but Congress may prescribe
other qualifications.
Section 8. (1) A Judicial and Bar Council is hereby
created under the supervision of the Supreme Court
composed of the Chief Justice as ex officio Chairman,
the Secretary of Justice, and a representative of the
Congress as ex officio Members, a representative of
the Integrated Bar, a professor of law, a retired
Member of the Supreme Court, and a representative
of the private sector. = 7 members
-
-
EX-OFFICIO MEMBERS: Chief Justice as
Chairman; the Secretary of Justice, and a
representative of Congress.
Regular members: a representative of the
IBP, a professor of law, a retired justice of the
SC, and a representative of the private
sector.
JBC are the ones who screens nominated
persons to a judicial position including the
Ombudsman, Deputy Ombudsman, Special
Prosecutor, and the offices of the
Chairperson and Regular Members of the
Legal Education Board.
(2) The regular members of the Council shall be
appointed by the President for a term of four years
with the consent of the Commission on
Appointments. Of the Members first appointed, the
representative of the Integrated Bar shall serve for
four years, the professor of law for three years, the
retired Justice for two years, and the representative
of the private sector for one year.
(3) The Clerk of the Supreme Court shall be the
Secretary ex officio of the Council and shall keep a
record of its proceedings.
(4) The regular Members of the Council shall
receive such emoluments as may be determined
by the Supreme Court. The Supreme Court shall
provide in its annual budget the appropriations for
the Council.
(5) The Council shall have the principal function of
recommending appointees to the Judiciary. It
may exercise such other functions and duties as the
Supreme Court may assign to it.
(APPOINTMENTS) Section 9. The Members of the
Supreme Court and judges of the lower courts
shall be appointed by the President from a list of
at least three nominees prepared by the Judicial and
Bar Council for every vacancy. Such appointments
need no confirmation.
For the lower courts, the President shall issue the
appointments within ninety days from the
submission of the list.
(Salaries) Section 10. The salary of the Chief Justice
and of the Associate Justices of the Supreme Court,
and of judges of lower courts, shall be fixed by law.
During their continuance in office, their salary shall
not be decreased.
(Tenure of Judges) Section 11. The Members of the
Supreme Court and judges of lower courts shall hold
office during good behavior until they reach the age
of seventy years or become incapacitated to
discharge the duties of their office. The Supreme
Court en banc shall have the power to discipline
judges of lower courts, or order their dismissal by a
vote of a majority of the Members who actually took
part in the deliberations on the issues in the case and
voted thereon.
Section 12. The Members of the Supreme Court and
of other courts established by law shall not be
designated to any agency performing quasi-judicial
or administrative functions.
(Consultations/Decisions of SC)
Section 13. The conclusions of the Supreme Court in
any case submitted to it for decision en banc or in
division shall be reached in consultation before the
case is assigned to a Member for the writing of the
opinion of the Court. A certification to this effect
signed by the Chief Justice shall be issued and a copy
thereof attached to the record of the case and served
upon the parties. Any Member who took no part, or
dissented, or abstained from a decision or
resolution, must state the reason therefor. The same
requirements shall be observed by all lower
collegiate courts.
Section 14. No decision shall be rendered by any
court without expressing therein clearly and
distinctly the facts and the law on which it is based.
-
But this requirement does not apply to a
minute resolution dismissing a petition for
habeas corpus, certiorari and mandamus,
provided a legal basis is given therein.
Neither will it apply to administrative cases.
No petition for review or motion for reconsideration
of a decision of the court shall be refused due course
or denied without stating the legal basis therefor.
(Periods of decision) Section 15. (1) All cases or
matters filed after the effectivity of this Constitution
must be decided or resolved within twenty-four
months from date of submission for the Supreme
Court, and, unless reduced by the Supreme Court,
twelve months for all lower collegiate courts, and
three months for all other lower courts.
(2) A case or matter shall be deemed submitted for
decision or resolution upon the filing of the last
pleading, brief, or memorandum required by the
Rules of Court or by the court itself.
(3) Upon the expiration of the corresponding period,
a certification to this effect signed by the Chief
Justice or the presiding judge shall forthwith be
issued and a copy thereof attached to the record of
the case or matter, and served upon the parties. The
certification shall state why a decision or resolution
has not been rendered or issued within said period.
(4) Despite the expiration of the applicable
mandatory period, the court, without prejudice to
such responsibility as may have been incurred in
consequence thereof, shall decide or resolve the case
or matter submitted thereto for determination,
without further delay.
(Annual Report) Section 16. The Supreme Court
shall, within thirty days from the opening of each
regular session of the Congress, submit to the
President and the Congress an annual report on the
operations and activities of the Judiciary.
ARTICLE 9 – CONSTITUTIONAL
COMMISSIONS
A. Common Provisions
SECTION 1. The Constitutional Commissions, which
shall be independent, are the Civil Service
Commission, the Commission on Elections, and the
Commission on Audit.
-
Safeguards insuring the independence of
the Commissions:
o They are constitutionally created;
may not be abolished by statute
o Each is expressly described as
“independent”
o Each is conferred certain powers and
functions which cannot be reduced
by statute
o The Chairmen and members cannot
be removed except by impeachment
o The Chairmen and members are
given a fairly long term of office of 7
years
o The Chairmen and members may not
be reappointed or appointed in an
acting capacity
o The salaries of the chairman and
members are relatively high and may
not be decreased during continuance
in office.
o The Commissions enjoy fiscal
autonomy
o Each Commission may promulgate
its own procedural rules, provided
they do not diminish, increase or
modify substantive rights (subject to
disapproval of SC)
o The Chairmen and members are
subject to certain disqualifications
calculated to strengthen their
integrity.
o The Commissions may appoint their
own officials and employees in
accordance with Civil Service Law.
SECTION 2. No Member of a Constitutional
Commission shall, during his tenure, hold any
other office or employment. Neither shall he
engage in the practice of any profession or in the
active management or control of any business which
in any way be affected by the functions of his
office, nor shall he be financially interested,
directly or indirectly, in any contract with, or in any
franchise or privilege granted by the Government,
any
of
its
subdivisions,
agencies,
or
instrumentalities, including government-owned or
controlled corporations or their subsidiaries.
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Rational scheme of Appointments – the
first appointees shall serve terms of 7, 5, and
3 years respectively. After the 1st
commissioners are appointed, the rotational
scheme is intended to prevent the possibility
of one President appointing all the
Commissioners.
Two conditions:
o The terms of the first commissioners
should start on a common date;
o Any vacancy due to death,
resignation or disability before the
expiration of the term should be
filled only for the unexpired balance
of the term.
SECTION 3. The salary of the Chairman and the
Commissioners shall be fixed by law and shall not be
decreased during their tenure.
SECTION 4. The Constitutional Commissions shall
appoint their officials and employees in accordance
with law.
SECTION 5. The Commission shall enjoy fiscal
autonomy. Their approved annual appropriations
shall be automatically and regularly released.
SECTION 6. Each Commission en banc may
promulgate its own rules concerning pleadings and
practice before it or before any of its offices. Such
rules however shall not diminish, increase, or
modify substantive rights.
SECTION 7. Each Commission shall decide by a
majority vote of all its Members any case or
matter brought before it within sixty days from the
date of its submission for decision or resolution. A
case or matter is deemed submitted for decision or
resolution upon the filing of the last pleading, brief,
or memorandum required by the rules of the
Commission or by the Commission itself. Unless
otherwise provided by this Constitution or by law,
any decision, order, or ruling of each
Commission may be brought to the Supreme
Court on certiorari by the aggrieved party within
thirty days from receipt of a copy thereof.
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The judgements and final orders of COA are
not reviewable by ordinary writ of error or
appeal by certiorari to the SC. Only when
the COA acts without or in excess of
jurisdiction, or with grave abuse of
discretion amounting to lack or excess of
jurisdiction, may this Court entertain a
petition for certiorari under Rule 65.
SECTION 8. Each Commission shall perform such
other functions as may be provided by law.
B. The Civil Service Commission
SECTION 1. (1) The Civil Service shall be
administered by the Civil Service Commission
composed
of
a
Chairman
and
two
Commissioners who shall be natural-born citizens
of the Philippines and, at the time of their
appointment, at least thirty-five years of age, with
proven capacity for public administration, and must
not have been candidates for any elective position in
the elections immediately preceding their
appointment.
(2) The Chairman and the Commissioners shall be
appointed by the President with the consent of
the Commission on Appointments for a term of
seven years without reappointment. Of those first
appointed, the Chairman shall hold office for seven
years, a Commissioner for five years, and another
Commissioner
for
three
years,
without
reappointment. Appointment to any vacancy shall
be only for the unexpired term of the predecessor. In
no case shall any Member be appointed or
designated in a temporary or acting capacity.
SECTION 2. (1) The civil service embraces all
branches, subdivisions, instrumentalities, and
agencies of the Government, including governmentowned or controlled corporations with original
charters. (Scope of Civil Service)
(2) Appointments in the civil service shall be
made only according to merit and fitness to be
determined, as far as practicable, and, except to
positions which are policy-determining, primarily
confidential, or highly technical, by competitive
examination.
(3) No officer or employee of the civil service shall
be removed or suspended except for cause provided
by law. (Security of Tenure)
(4) No officer or employee in the civil service shall
engage, directly or indirectly, in any electioneering
or partisan political campaign. (Partisan Political
Activity)
-
But this does not prevent expression of
views on current political problems or
issues, or mention of the names of
candidates for public office whom the public
officer supports.
(5) The right to self-organization shall not be
denied to government employees.
(6) Temporary employees of the Government shall
be given such protection as may be provided by law.
(Constitutional Objectives/Functions) SECTION
3. The Civil Service Commission, as the central
personnel agency of the Government, shall establish
a career service and adopt measures to promote
morale, efficiency, integrity, responsiveness,
progressiveness, and courtesy in the civil service. It
shall strengthen the merit and rewards system,
integrate all human resources development
programs for all levels and ranks, and
institutionalize a management climate conducive to
public accountability. It shall submit to the President
and the Congress an annual report on its personnel
programs.
SECTION 4. All public officers and employees shall
take an oath or affirmation to uphold and defend this
Constitution.
SECTION 5. The Congress shall provide for the
standardization of compensation of government
officials and employees, including those in
government-owned or controlled corporations with
original charters, taking into account the nature of
the responsibilities pertaining to, and the
qualifications required for their positions.
-
The second sentence simply means that the
retiree can continue to receive such pension
or gratuity even after he accepts another
government position to which another
compensation is attached.
C. The Commission on Elections
(Composition and Qualifications)
SECTION 1. (1) There shall be a Commission on
Elections composed of a Chairman and six
Commissioners who shall be natural-born citizens of
the Philippines and, at the time of their appointment,
at least thirty-five years of age, holders of a college
degree, and must not have been candidates for any
elective position in the immediately preceding
elections. However, a majority thereof, including the
Chairman, shall be Members of the Philippine Bar
who have been engaged in the practice of law for at
least ten years.
SECTION 6. No candidate who has lost in any
election shall, within one year after such election, be
appointed to any office in the Government or any
government-owned or controlled corporations or in
any of their subsidiaries.
(2) The Chairman and the Commissioners shall be
appointed by the President with the consent of the
Commission on Appointments for a term of seven
years without reappointment. Of those first
appointed, three Members shall hold office for seven
years, two Members for five years, and the last
Members for three years, without reappointment.
Appointment to any vacancy shall be only for the
unexpired term of the predecessor. In no case shall
any Member be appointed or designated in a
temporary or acting capacity.
SECTION 7. No elective official shall be eligible for
appointment or designation in any capacity to any
public office or position during his tenure.
SECTION 2. The Commission on Elections shall
exercise the following powers and functions:
(CHECK CODAL)
(Disqualifications)
Unless otherwise allowed by law or by the primary
functions of his position, no appointive official shall
hold any other office or employment in the
Government or any subdivision, agency or
instrumentality thereof, including governmentowned or controlled corporations or their
subsidiaries.
(Double Compensation) SECTION 8. No elective or
appointive public officer or employee shall receive
additional, double, or indirect compensation, unless
specifically authorized by law, nor accept without
the consent of the Congress, any present,
emolument, office, or title of any kind from any
foreign government.
Pensions or gratuities shall not be considered as
additional, double, or indirect compensation.
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A 2nd placer is allowed to take the place of a
disqualified winning candidate is when 2
requisites concur:
o The candidate who obtained the
highest number of votes is
disqualified
o The electorate was fully aware in fact
an in law of that candidate’s
disqualification as to bring such
awareness within the realm of
notoriety but the electorate still cast
the plurality of the votes in favor of
the ineligible candidate.
SECTION 3. The Commission on Elections may sit en
banc or in two divisions, and shall promulgate its
rules of procedure in order to expedite disposition
of election cases, including pre-proclamation
controversies. All such election cases shall be heard
and decided in division, provided that motions for
reconsideration of decisions shall be decided by the
Commission en banc.
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It is the commission sitting in division which
has jurisdiction over petitions to cancel a
certificate of candidacy.
SECTION 4. The Commission may, during the
election period, supervise or regulate the enjoyment
or utilization of all franchises or permits for the
operation of transportation and other public
utilities, media of communication or information, all
grants, special privileges, or concessions granted by
the Government or any subdivision, agency, or
instrumentality thereof, including any governmentowned or controlled corporation or its subsidiary.
Such supervision or regulation shall aim to ensure
equal opportunity, time, and space, and the right to
reply, including reasonable, equal rates therefor, for
public information campaigns and forums among
candidates in connection with the objective of
holding free, orderly, honest, peaceful, and credible
elections.
SECTION 5. No pardon, amnesty, parole, or
suspension of sentence for violation of election laws,
rules, and regulations shall be granted by the
President without the favorable recommendation of
the Commission.
SECTION 6. A free and open party system shall be
allowed to evolve according to the free choice of the
people, subject to the provisions of this Article.
SECTION 7. No votes cast in favor of a political party,
organization, or coalition shall be valid, except for
those registered under the party-list system as
provided in this Constitution.
SECTION 8. Political parties, or organizations or
coalitions registered under the party-list system,
shall not be represented in the voters’ registration
boards, boards of election inspectors, boards of
canvassers, or other similar bodies. However, they
shall be entitled to appoint poll watchers in
accordance with law.
SECTION 9. Unless otherwise fixed by the
Commission in special cases, the election period
shall commence ninety days before the day of the
election and shall end thirty days after.
SECTION 10. Bona fide candidates for any public
office shall be free from any form of harassment and
discrimination.
SECTION 11. Funds certified by the Commission as
necessary to defray the expenses for holding regular
and special elections, plebiscites, initiatives,
referenda, and recalls, shall be provided in the
regular or special appropriations and, once
approved, shall be released automatically upon
certification by the Chairman of the Commission.
D. Commission on Audit
SECTION 1. (1) There shall be a Commission on
Audit composed of a Chairman and two
Commissioners, who shall be natural-born citizens
of the Philippines and, at the time of their
appointment, at least thirty-five years of age,
certified public accountants with not less than ten
years of auditing experience, or members of the
Philippine Bar who have been engaged in the
practice of law for at least ten years, and must not
have been candidates for any elective position in the
elections immediately preceding their appointment.
At no time shall all Members of the Commission
belong to the same profession.
(2) The Chairman and the Commissioners shall be
appointed by the President with the consent of the
Commission on Appointments for a term of seven
years without reappointment. Of those first
appointed, the Chairman shall hold office for seven
years, one Commissioner for five years, and the
other Commissioner for three years, without
reappointment. Appointment to any vacancy shall
be only for the unexpired portion of the term of the
predecessor. In no case shall any Member be
appointed or designated in a temporary or acting
capacity.
(Powers and Duties) SECTION 2. (1) The
Commission on Audit shall have the power,
authority, and duty to examine, audit, and settle all
accounts pertaining to the revenue and receipts of,
and expenditures or uses of funds and property,
owned or held in trust by, or pertaining to, the
Government, or any of its subdivisions, agencies, or
instrumentalities, including government-owned or
controlled corporations with original charters, and
on a post-audit basis: (a) constitutional bodies,
commissions and offices that have been granted
fiscal autonomy under this Constitution; (b)
autonomous state colleges and universities; (c)
other
government-owned
or
controlled
corporations and their subsidiaries; and (d) such
non-governmental entities receiving subsidy or
equity, directly or indirectly, from or through the
Government, which are required by law or the
granting institution to submit to such audit as a
condition of subsidy or equity. However, where the
internal control system of the audited agencies is
inadequate, the Commission may adopt such
measures, including temporary or special pre-audit,
as are necessary and appropriate to correct the
deficiencies. It shall keep the general accounts of the
Government and, for such period as may be provided
by law, preserve the vouchers and other supporting
papers pertaining thereto.
(2) The Commission shall have exclusive authority,
subject to the limitations in this Article, to define the
scope of its audit and examination, establish the
techniques and methods required therefor, and
promulgate accounting and auditing rules and
regulations, including those for the prevention and
disallowance of irregular, unnecessary, excessive,
extravagant, or unconscionable expenditures, or
uses of government funds and properties.
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The Supreme Court justice should be
impeached first, before criminal action may
lie against them.
An impeachable officer who is a member of
the Philippine Bar cannot be disbarred w/o
first being impeached.
Grounds for Impeachment: culpable
violation of the Constitution, treason,
bribery, graft and corruption, other high
crimes, or betrayal of public trust.
Procedure for Impeachment: Congress
shall promulgate its rules on impeachment
to effectively carry out the purpose.
SECTION 3. (CHECK CODAL)
(Jurisdiction of the Commission) SECTION 3. No
law shall be passed exempting any entity of the
Government or its subsidiary in any guise whatever,
or any investment of public funds, from the
jurisdiction of the Commission on Audit.
SECTION 4. The Commission shall submit to the
President and the Congress, within the time fixed by
law, an annual report covering the financial
condition and operation of the Government, its
subdivisions, agencies,
and
instrumentalities,
including government-owned or controlled
corporations, and non-governmental entities
subject to its audit, and recommend measures
necessary to improve their effectiveness and
efficiency. It shall submit such other reports as may
be required by law.
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ARTICLE 11 – ACCOUNTABILITY
OF PUBLIC OFFICERS
SECTION 1. Public office is a public trust. Public
officers and employees must at all times be
accountable to the people, serve them with utmost
responsibility, integrity, loyalty, and efficiency, act
with patriotism and justice, and lead modest lives.
SECTION 2. The President, the Vice-President,
the Members of the Supreme Court, the Members
of the Constitutional Commissions, and the
Ombudsman may be removed from office, on
impeachment for, and conviction of, culpable
violation of the Constitution, treason, bribery, graft
and corruption, other high crimes, or betrayal of
public trust. All other public officers and employees
may be removed from office as provided by law, but
not by impeachment.
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Impeachment – a national inquest into the
conduct of public men.
Refers to the power of Congress to remove a
public official for serious crimes or
misconduct as provided in the Constitution.
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The HoR shall have the exclusive power to
initiate all cases of impeachment.
o A
verified
complaint
for
impeachment may be filed by any
member of the HoR or by any citizen
Impeachment proceedings are deemed
initiated:
o If there is a finding by the House
Committee on Justice that the
verified complaint and/or resolution
is sufficient in substance, or
o Once the House itself affirms or
overturns the finding of the
Committee on Justice that the
verified complaint and/or resolution
is not sufficient in substance, or
o By the filing or endorsement before
the Secretary General of the HoR of
aa verified complaint or a resolution
of impeachment by at least 1/3 of the
embers of the House clearly
contravene Sec.3 (5) of Article 11 of
the Constitution…
Limitation on initiating of impeachment
case: not more than once within a period of
1 year against the same official.
Trial and decision: The Senate shall have
the sole power to try and decide all cases of
impeachment. When sitting for that purpose,
the Senators shall be on oath or affirmation.
When the President of the Philippines is on
trial, the Chief Justice of the Supreme Court
shall preside, but shall not vote. No person
shall be convicted without the concurrence
of two-thirds of all the Members of the
Senate.
Effect of Conviction: removal from office
and disqualification to hold any office under
the RoP. But the party convicted shall be
liable and subject to prosecution, trial and
punishment according to law.
Judicial
Review
of
impeachment
proceedings: the power of judicial review
includes the power to review justiciable
issues in an impeachment proceeding.
(Sandiganbayan)
SECTION 4. The present anti-graft court known as
the Sandiganbayan shall continue to function and
exercise its jurisdiction as now or hereafter may be
provided by law.
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Composition: it is composed of a Presiding
Justice and 20 Associate Justice, with the
rank of Justice of the Court of Appeals. It shall
sit in 7 divisions of three members each.
Decisions of the SB shall be reviewable by
the SC on a petition for certiorari.
(The Ombudsman)
(Composition) SECTION 5. There is hereby created
the independent Office of the Ombudsman,
composed of the Ombudsman to be known as
Tanodbayan, one overall Deputy and at least one
Deputy each for Luzon, Visayas, and Mindanao. A
separate Deputy for the military establishment may
likewise be appointed.
SECTION 6. The officials and employees of the Office
of the Ombudsman, other than the Deputies, shall be
appointed by the Ombudsman according to the Civil
Service Law.
SECTION 7. The existing Tanodbayan shall hereafter
be known as the Office of the Special Prosecutor. It
shall continue to function and exercise its powers as
now or hereafter may be provided by law, except
those conferred on the Office of the Ombudsman
created under this Constitution.
(Qualifications) SECTION 8. The Ombudsman and
his Deputies shall be natural-born citizens of the
Philippines, and at the time of their appointment, at
least forty years old, of recognized probity and
independence, and members of the Philippine Bar,
and must not have been candidates for any elective
office in the immediately preceding election. The
Ombudsman must have for ten years or more been a
judge or engaged in the practice of law in the
Philippines.
During their tenure, they shall be subject to the same
disqualifications and prohibitions as provided for in
Section 2 of Article IX-A of this Constitution.
SECTION 9. The Ombudsman and his Deputies
shall be appointed by the President from a list of at
least six nominees prepared by the Judicial and Bar
Council, and from a list of three nominees for every
vacancy thereafter. Such appointments shall require
no confirmation. All vacancies shall be filled within
three months after they occur.
SECTION 10. The Ombudsman and his Deputies
shall have the rank of Chairman and Members,
respectively, of the Constitutional Commissions, and
they shall receive the same salary, which shall not
be decreased during their term of office.
SECTION 11. The Ombudsman and his Deputies
shall serve for a term of seven years without
reappointment. They shall not be qualified to run
for any office in the election immediately succeeding
their cessation from office.
SECTION 12. The Ombudsman and his Deputies, as
protectors of the people, shall act promptly on
complaints filed in any form or manner against
public officials or employees of the Government, or
any subdivision, agency or instrumentality thereof,
including government-owned or controlled
corporations, and shall, in appropriate cases, notify
the complainants of the action taken and the result
thereof.
SECTION 13. The Office of the Ombudsman shall
have the following powers, functions, and duties:
(CHECK CODAL)
SECTION 14. The Office of the Ombudsman shall
enjoy fiscal autonomy. Its approved annual
appropriations shall be automatically and regularly
released.
(ill-gotten Wealth) SECTION 15. The right of the
State to recover properties unlawfully acquired by
public officials or employees, from them or from
their nominees or transferees, shall not be barred by
prescription, laches, or estoppel.
(Restriction on Loans) SECTION 16. No loan,
guaranty, or other form of financial accommodation
for any business purpose may be granted, directly or
indirectly, by any government-owned or controlled
bank or financial institution to the President, the
Vice-President, the Members of the Cabinet, the
Congress, the Supreme Court, and the Constitutional
Commissions, the Ombudsman, or to any firm or
entity in which they have controlling interest, during
their tenure.
(SALN) SECTION 17. A public officer or employee
shall, upon assumption of office and as often
thereafter as may be required by law, submit a
declaration under oath of his assets, liabilities, and
net worth. In the case of the President, the VicePresident, the Members of the Cabinet, the Congress,
the Supreme Court, the Constitutional Commissions
and other constitutional offices, and officers of the
armed forces with general or flag rank, the
declaration shall be disclosed to the public in the
manner
provided
by
law.
(Allegiance to the State and to the Constitution)
SECTION 18. Public officers and employees owe the
State and this Constitution allegiance at all times,
and any public officer or employee who seeks to
change his citizenship or acquire the status of an
immigrant of another country during his tenure
shall be dealt with by law.