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POLITICAL LAW
2018 BAR
EXAMINATIONS
Atty. Victoria V. Loanzon
I. THE PHILIPPINE
CONSTITUTION
Constitution: Definition, Nature and
Concepts*
Definition: It is the document which
serves as the fundamental law of the
state; that written instrument
enacted by the direct action of the
people by which the fundamental
powers of the government are
established, limited and
I. THE PHILIPPINE CONSTITUTION
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. [Malcolm, Phil.
Constitutional Law]
* 2012 Bar Examinations
I. THE PHILIPPINE
CONSTITUTION
The Constitution is a body of rule
and maxims in accordance with
which the powers of sovereignty is
exercised.
Classes: written and unwritten;
rigid and flexible; enacted and
evolved
The Philippine Constitution is
written, enacted and rigid.
THE SUPREMACY OF THE CONSTITUTION
Manila Prince Hotel v. Government
Service Insurance System, 267 SCRA
408 (1997)
Under the doctrine of constitutional
supremacy, if a law or contract
violates any norm of the constitution
that law or contract whether
promulgated by the legislative or by
the executive
THE SUPREMACY OF THE CONSTITUTION
branch or entered into by private
persons for private purposes is null
and void and without any force and
effect. Thus, since the Constitution
is the fundamental, paramount and
supreme law of the nation, it is
deemed written in every statute and
contract.
THE SUPREMACY OF THE CONSTITUTION
When our Constitution mandates
that (i)n the grant of rights,
privileges, and concessions covering
national economy and patrimony,
the State shall give preference to
qualified Filipinos, it means just
that—qualified Filipinos shall be
preferred. And when our
Constitution declares that a right
exists in certain specified
circumstances an action may be
THE SUPREMACY OF THE CONSTITUTION
maintained to enforce such right
notwithstanding the absence of
any legislation on the subject;
consequently, if there is no statute
especially enacted to enforce such
constitutional right, such right
enforces itself by its own inherent
potency and puissance, and from
which all legislations must take
their bearings. Where there is a
right there is a remedy.
THE SUPREMACY OF THE CONSTITUTION
The Supreme Court referred to Ichong v.
Hernandez (1954) in its decision in Manila
Prince Hotel v. GSIS.
The Court reiterated the same policy in the
following cases:
1. Teves v. Gamboa
2. Roy v. Herbosa
3. NARRA NICKEL MINING AND
DEVELOPMENT CORPORATION, TESORO
MINING AND DEVELOPMENT, INC., AND
MCARTHUR MINING, INC. v. REDMONT
CONSOLIDATED MINES CORPORATION
BASIC PRINCIPLES IN INTERPRETING
THE CONSTITUTION*
(1) Verba legis– whenever possible,
the words used in the Constitution
must be given their ordinary
meaning except where technical
term are employed;
(2) Ratio legis est anima– words of
the Constitution should be
interpreted in accordance with the
intent of the framers;
BASIC PRINCIPLES IN
INTERPRETING THE CONSTITUTION
(3) Ut magis valeat quam pereat– the
Constitution should be interpreted
as a whole [Francisco v. House of
Representatives, 415 SCRA 44 (2003)]
* Previously asked in past Bar
Examinations
B. PARTS OF A CONSTITUTION*
1. Constitution of Government –
establishes the structure of
government, its branches and their
operation (Art. VI, VII, VIII, IX, X)
2. Constitution of Liberty states the
fundamental rights of the people (Art.
III)
3. Constitution of Sovereignty provides
how the Constitution may be changed
(Art. XVII) [Lambino v. COMELEC, G.R.
No.174153. October 25, 2006]
* 2012 Bar Examinations
C. AMENDMENTS AND REVISIONS*
1. Amendments and Revisions may be
done by Congress by acting as a
constituent assembly and election of
delegates to the Constitutional
Convention.
2. Amendment may be proposed by the
people through People’s Initiative. At
least 3% of the registered voters of each
province and 12% of the registered total
number of voters nationwide must
propose the amendment.
C. AMENDMENTS AND REVISIONS*
The People’s Initiative under Section 2,
Article XVII of the Constitution which
requires 12% of all registered voters
representing 3%of registered voters in
each congressional district to sign the
Petition to amend the Constitution.
The provision is not selfexecutory. There
is a need for an implementing legislation.
(Santiago v. COMELEC, G.R. No. 127325.
March 19, 1997)
* Asked in 2014 Bar Examinations
WHAT IS AN AMENDMENT?
Amendment – An addition or change
within the lines of the original
constitution as will effect an
improvement, or better carry out the
purpose for which it was framed; a
change that adds, reduces or deletes
without altering the basic principles
involved; affects only the specific
provision being amended. [Lambino v.
COMELEC, G.R. No.174153. October 25,
2006]
WHAT IS A REVISION?
Revision – A change that alters a
basic principle in the constitution,
like altering the principle of
separation of powers or the system
of checksandbalances; alters the
substantial entirety of the
constitution, as when the change
affects substantial provisions of
the constitution. [Ibid.]
TWO STAGES IN THE
AMENDMENT/REVISION OF THE
CONSTITUTION
1. PROPOSAL: Adoption of the
change of the Constitution either by
the Constituent Assembly,
Constitutional Convention and
People’s Initiative.
2. RATIFICATION:the proposed
amendment shall be submitted to the
people and shall be deemed ratified by
the majority of the votes cast in a
plebiscite, held not earlier than 60 days
nor later than 90 days:
(a) After approval of the proposal by
Congress as a constituent assembly or
Constitutional Convention;
(b) After certification by the COMELEC
of sufficiency of petition of the people.
TWO TESTS APPLIED IN MODIFYING
THE CONSTITUTION
1. Qualitative Test is applied in
revising the Constitution since
the changes will substantially
alter the structure of government.
2. Quantitative Test is applied when
only specific provisions of the
Constitution are sought to
changed.
D. SELFEXECUTING AND
NONSELFEXECUTING PROVISIONS
SelfExecuting Provisions cover
matters which do not need any
further acts to implement the same
in accordance with the intent of
the framers of the Constitution.
NonSelf Executing Provisions
require subordinate legislation to
make them effective.
GENERAL PROVISIONS
Article XVI of the Constitution has
twelve provisions which cover
several matters.
Among the important provisions
found in Article XVI are:
Section 1: National Flag which must
be consecrated and honored by the
people and recognized by law.
(Colors: red, white and blue with a
sun and three stars)
GENERAL PROVISIONS
Section 2: Congress, may by law,
adopt a new name of the country,
a national anthem, or a national
seal truly reflective and symbolic
of the ideals, history and tradition
of the people.
The law must be ratified in a
plebiscite in a national
referendum.
GENERAL PROVISIONS
Section 3: Nonsuability of the State.
Section 4: Maintenance of the Armed
Forces of the Philippines.
Section 5: (1) Uphold and defend the
Philippine Constitution.
(2) Strengthen the patriotic spirit
and nationalist consciousness of
the military, and respect for
people's rights in the performance
of their duty.
GENERAL PROVISIONS
(3) Professionalism in the armed
forces .
The armed forces shall be insulated
from partisan politics except in
the exercise of their right to vote.
(4) Cannot be appointed in any
civilian position while in active
service.
(5) No extension of service upon
retirement.
GENERAL PROVISIONS
(6) The officers and men shall be
recruited proportionately from all
provinces and cities as far as
practicable.
(7) The tour of duty of the Chief of
Staff of the armed forces shall not
exceed three years may it may be
extended in times of war or other
national emergency declared by
the Congress.
GENERAL PROVISIONS
Section 6. Maintenance of one police
force, which shall be national in scope
and civilian in character.
Section 7. Provide immediate and
adequate care, benefits, and other forms
of assistance to war veterans and
veterans of military campaigns, their
surviving spouses and orphans.
Source of Funds: disposition of
agricultural lands of the public domain
and, in appropriate cases, in the
utilization of natural resources.
GENERAL PROVISIONS
Section 8. Review of present
benefits of retirees to increase the
pensions and other benefits due to
retirees of both the government
and the private sectors.
Section 9. Protect consumers from
trade malpractices and from
substandard or hazardous
products.
GENERAL PROVISIONS
Section 10. Provide the policy
environment for the full
development of Filipino capability
and the emergence of
communication structures suitable
to the needs and aspirations of the
nation.
GENERAL PROVISIONS
Section 11. Mass Media –**
The ownership and management of mass
media shall be limited to citizens of the
Philippines, or to corporations,
cooperatives or associations, wholly
owned and managed by such citizens.
Congress shall regulate or prohibit
monopolies in commercial mass media
when the public interest so requires. No
combinations in restraint of trade or
unfair competition therein shall be
allowed.
GENERAL PROVISIONS
Section 11. Advertising Industry **
Public interest dictates the regulation
of the advertising company for the
protection of consumers and the
promotion of the general welfare.
Only Filipino citizens or corporations
or associations at least seventy per
centum of the capital of which is
owned by such citizens shall be
allowed to engage in the advertising
industry.
GENERAL PROVISIONS
Section 12. The Congress may create a
consultative body to advise the
President on policies affecting
indigenous cultural communities, the
majority of the members of which
shall come from such communities.
II. GENERAL CONSIDERATIONS
National Territory – Article I
The national territory is comprised of –
(1) Philippine archipelago, with all the
islands and waters embraced therein;
Internal waters – waters around,
between, and connecting the islands
of the archipelago, regardless of
breadth and dimension; and
(2) All other territories over which the
Philippines has sovereignty or
jurisdiction.
II. GENERAL CONSIDERATIONS
It consists of –
(1) Territorial sea, seabed, subsoil,
insular shelves, and other
submarine areas.
(2) Terrestrial, fluvial, and aerial
domains.
II. GENERAL CONSIDERATIONS
Constitutionality of the Philippine
Baselines Law (2015 and 2013 Bar
Exams)
R.A. No. 9522 is not unconstitutional:
(1) it is a statutory tool to demarcate
the maritime zones and continental
shelf of the Philippines under
UNCLOS III, and does not alter the
national territory.
II. GENERAL CONSIDERATIONS
(2) While UNCLOS III does not bind
the Philippines to pass a baselines
law, Congress may do so.
(3) The law also does not abandon the
country’s claim to Sabah, as it does
not expressly repeal the entirety of
R.A. No. 5446. [Magallona v. Ermita,
G.R. No. 187167, 16 July 2011]
II. GENERAL
CONSIDERATIONS
Relevant provisions of the U.N.
Convention on the Law of the Seas,
April 30, 1982:
Archipelagic Doctrine
The internal waters of the Philippines
consist of waters around, between
and connecting the islands of the
Philippine Archipelago, regardless of
their breadth and dimensions,
including the waters in bays, rivers
and lakes.
RIGHT OF INNOCENT
PASSAGE
No right of innocent passage for
foreign vessels exists in the case of
internal waters. (Harris, Cases and
Materials on International Law, 5th
ed., 1998, p. 407).
Under UNCLOS, however, warships
enjoy a right of innocent passage
when a portion of the territorial
water of the coastal state is used for
international navigation.
SUSPENSION OF THE RIGHT OF
INNOCENT PASSAGE
Article 42(2) of UNCLOS provides
that there shall be no suspension of
innocent passage through straits
used for international navigation.
The right of the coastal state to
suspend the same requires that the
coastal nation must publish the
same and without any publication,
it cannot insist to suspend the use of
such body of water.
PRESENCE OF FOREIGN WAR SHIP
UNDER RIGHT OF INNOCENT PASSAGE
Upon the other hand, if a war ship
delayed its right of innocent
passage, the same may justified
under Article 18(2) of UNCLOS if
the delay was caused by rendering
assistance to persons or ship in
distress.
Maritime Zones under UNCLOS (2015
Bar Exams)
1. Internal Waters consist of waters
around, between and connecting the
islands coastal state, regardless of
their breadth and dimensions,
including the waters in bays, rivers
and lakes.
2. Territorial waters of an archipelago
shall extend up to 12 nautical miles
from its baselines.
RIGHTS OVER CONTIGUOUS ZONE
3. Contiguous zone is the zone
contiguous to the territorial sea
and extends up to 24 nautical miles
from the territorial sea and over
which the coastal state may
exercise control necessary to
prevent infringement of its
customs, fiscal, immigration or
sanitary laws and regulations
within the territory or territorial
sea. (Article 33 of UNCLOS)
MARITIME ZONES UNDER
UNCLOS
4. Exclusive Economic Zone is the zone
extending up to 200 nautical miles from the
baselines of a state over which the coastal
state has sovereign rights for the purpose
of exploring and exploiting, conserving and
managing its natural resources, whether
living or nonliving, of the waters super
adjacent to the seabed and of the seabed
and subsoil and with regard to other
activities for the economic exploitation and
exploration of the zone. (Articles 56 and 57,
UNCLOS)
CONTINENTAL SHELF
Continental Shelf “comprises the seabed
and subsoil of the submarine areas that
extend beyond its territorial sea
throughout the natural prolongation of
its territory to the outer edge of the
continental margin, or to a distance of
200 nautical miles from the baselines
from which the breadth of the territorial
sea is measured where the outer edge of
the continental margin does not extend
up to that distance. ”
EXTENDED CONTINENTAL
SHELF
Extended Continental Shelf
comprises the seabed and subsoil of
the submarine areas that extend
beyond its territorial sea
throughout the natural
prolongation of its territory to the
outer edge of the continental
margin, or to a distance of 150
nautical miles from the Exclusive
Economic Zone.
CONCEPT OF FLAG STATE
Flag state means a ship has the
nationality of the flag of the state it
flies, but there must be a genuine
link between the state and the ship.
(Article 91, UNCLOS)
CONCEPT OF FLAG OF CONVENIENCE
Flag of convenience refers to a
state with which a vessel is
registered for various reasons such
as low or nonexistent taxation or
lowoperating costs although the
ship has no genuine link with that
state. (Harris, ibid p. 425)
II. STATE IMMUNITY AS A CONCEPT
Concept and Basis: The Constitution
declares, rather superfluously, that
the State may not be sued without its
consent. This provision is merely
recognition of the sovereign
character of the State and an express
affirmation of the unwritten rule
insulating it from the jurisdiction of
the courts of justice (Cruz,
Philippine Political Law, 1993: 29).
II. STATE IMMUNITY AS A
CONCEPT
The doctrine is sometimes called as the
“royal prerogative of dishonesty” (Id., 33).
To Justice Holmes, the doctrine of non
suability is based not any formal conception
or obsolete theory but on the logical and
practical ground that there can be no legal
right against the authority which makes the
law on which the right depends. Another
justification is the practical consideration
that the demands and the inconveniences of
litigation will divert the time and resources
of the State from the more pressing matters
demanding its attention, to the prejudice of
the public welfare (Id.).
II. RULES GOVERNING STATE IMMUNITY
General rule – The State cannot be
sued without its consent.
Exception – The State consents to be
sued.
How consent is given –
(1) Express consent –
(a) General law; or
(b) Special law
II. RULES GOVERNING STATE IMMUNITY
(2) Implied consent –
(a) When the State commences
litigation, it becomes vulnerable to a
counterclaim;
(b) State enters into a business
contract (it is exercising proprietary
functions);
(c) When it would be inequitable for
the State to invoke immunity; and
(d) When it exercises power of
eminent domain.
DIPLOMATIC IMMUNITY
Indonesia v. Vinzon, 405 SCRA 126: A
foreign government may claim of
immunity under a Maintenance
Agreement with a private entity.
(2015 Bar Exams)
Arigo v. Swift, G.R. No. 206510: A
U.S. naval vessel cannot be held
liable for damages when it is found
in the territorial waters of the
Philippines while performing a
governmental function.
DIPLOMATIC IMMUNITY
Jeffrey Liang v. People, G.R. No.
125865, January 28, 2000. An
economist working with the Asian
Development Bank charged cannot
claim immunity from suit if his
utterances have nothing to do with
the performance of his official
duties.
Liang was charged with two counts of
oral defamation.
WAIVER OF STATE IMMUNITY
Express consent: When government
institutes action in court
NAPOCOR v. Spouses Bernardo,
G.R. No. 189127. April 25, 2012: The right
to recover compensation is guaranteed
under the Constitution. Failure of the
property owner to institute inverse
condemnation proceedings within 5
years from takeover of the property is
not a bar to demand just compensation.
(2014 Bar Exams)
PERFORMANCE OF A GOVERNMENTAL
FUNCTION AS A DEFENSE IN A SUIT
Money Claims Arising from Contracts
Mobil Philippines Exploration, Inc. v.
Bureau of Customs, 18 SCRA 120: If
the government agency executed the
contract to undertake a
governmental function, it can invoke
immunity from suit from claims of
third parties. When the government
entity has no separate personality
from the Republic of the Philippines,
it cannot be a subject of a suit.
LIABILITY FOR TORT
Torts committed by special agents under
the Civil Code, Art. 2180.
Consent to be sued includes actions for
tort.
Teotico v. City of Manila, 22 SCRA 267
(1968): A local government unit may be
held liable for quasidelict under a
special provision of the Civil Code. The
LGU is responsible for maintenance of
public infrastructures within its
jurisdiction.
LIABILITY FOR TORT
Spouses Jayme v. Apostol G.R. No.
163609, Nov. 27, 2008: Liability
cannot attach if the public official is
acting as a special agent of
government, performing a
governmental function. (2011 Bar
Exams)
The Mayor was on his way to the
airport for an official trip to Manila
when the accident occurred.
PERSONAL LIABILITY FOR
FAILURE TO PERFORM DUTY
Where a Clerk of Court issued a
Certification that a property is not a
subject of a pending case without
verifying the court records and the
same certification caused the
transfer of the property, he can be
sued for his reckless act. The
liability is purely personal for
failure to perform his duty
diligently. (2011 Bar Exams)
GOVERNMENT FUNDS ARE NOT
SUBJECT TO LEVY AND EXECUTION
University of the Philippines v. Hon.
Dizon, 679 SCRA 54: The trial court
cannot garnish government funds.
Public funds are appropriated for a
specific purpose. Garnishment will
paralyze the operations of government.
The remedy of a party who won a
damage suit against the government is
to file a claim with COA under C.A. No.
327, as amended by P.D. 1445. (2013 Bar
Exams)
LIABILITY UNDER A CONTRACT
PNR v. Kanlaon Construction, Inc.,
G.R. No. 182967, Apr. 6, 2011: The
liability under a contract can only
attach if all requirements of law
have been fully satisfied. It is
important that before any contract is
executed, private party must ensure
the subject matter of the contract
and the appropriation therefore are
included in the approved budget of
the contracting government agency.
IMPLIED CONSENT AS A SOURCE OF
LIABILITY UNDER A CONTRACT
When the Government enters into
business contracts, it can be inferred
that it has waived its immunity from
suit.
EPG Construction v. DPWH Sec. Vigilar,
354 SCRA 566: Government can be held
liable for nonpayment of just obligation
under a contract. Government has
awarded the housing units subject to
amortization of occupants.
GOVERNMENT CAN BE HELD LIABLE ON
EQUITABLE GROUNDS
When it would be inequitable for the
government to claim immunity
Department of Education v. Oñate 524
SCRA 200: A government agency can be
held liable if continued enjoyment of
use of a “donated” property would
impair the enjoyment of property
rights of a private individual. This is
premised on the concept of unjust
enrichment and the principle of
inequity.
CLAIM OF IMMUNITY OF A
PUBLIC OFFICER
Chavez v. Sandiganbayan, 193 SCRA
282: A public officer cannot be held
liable under a counterclaim in a
pending case when he is performing
a governmental function but where
there is malice on his part for the
institution of the action against a
party, he cannot claim immunity.
EFFECT OF NEGLIGENCE OF A PUBLIC
OFFICER
Republic v. Benigno, G.R. No. 205492,
March 11, 2015:* The negligence of a
deputized counsel will not bind the
Office of the Solicitor General. The
opposition to claim of registration of
a parcel of land must establish a
legal basis for the claim and the
certification from the DENR that
indeed the land is available for
alienation. (Del Castillo, J.)
FACTORS TO CONSIDER IF SUIT IS
AGAINST THE STATE
A suit is against the State regardless
of who is named the defendant if:
(1) It produces adverse consequences
to the public treasury in terms of
disbursement of public funds.
and loss of government property.
(2) It cannot prosper unless the State
has given its consent.
FACTORS TO CONSIDER IF SUIT
IS NOT AGAINST THE STATE
A suit is not against the State:
(1) When the purpose of the suit is to
compel an officer charged with the
duty of making payments pursuant to
an appropriation made by law in
favor of the plaintiff to make such
payment, since the suit is intended to
compel performance of a ministerial
duty. [Begoso v. PVA (1970)]
FACTORS TO CONSIDER IF SUIT IS NOT
AGAINST THE STATE
(2) When from the allegations in the
complaint, it is clear that the
respondent is a public officer sued in
a private capacity;
(3) When the action is not in personam
with the government as the named
defendant, but an action in rem that
does not name the government in
particular.
GENERAL PRINCIPLES AND
STATE POLICIES
General Rule: The state principles and
policies enunciated in the
Constitution are guidelines and are
intended to be selfexecuting
principles.
1. Principles
The totality of all government powers
is contained in three great inherent
powers: police power, power of
eminent domain and power of
taxation. (2012 Bar Exams)
NATURE OF POLICE POWER
The most essential, insistent and the
least limitable of government
powers , extending as it does to all
the great public needs is police
power. (Edu v. Ericta, 35 SCRA 482,
2012 Bar Exams)
NATURE OF THE POWER TO TAX
A tax is progressive when the rate
increases as the tax base increases.
(2012 Bar Exams)
A law was passed by Congress which
legalized jueteng. The measure was
meant to raise revenues for the
youth in undertakings intended to
address their social wellbeing.
NATURE OF THE POWER TO TAX
A priest brought an action before the
Court to question the
constitutionality of the law. Will the
case prosper?
No. The priest has no personal and
substantial interest that will be
prejudiced with the passage of the
jueteng law. (Basco v. PAGCOR, 415
SCRA 44, 2012 Bar Exams)
DEMOCRACY AND REPUBLICANISM
Sovereignty of the People and
Republicanism (Art. II, Sec. 1 and
Art. V)
Macquiling v. COMELEC, G.R. No.
195649, July 2, 2013: To govern, one
must have the necessary
qualifications. If one files a void
Certificate of Candidacy, that
person is never considered a
qualified candidate. (2015 Bar
Exams)
GENERALLY ACCEPTED PRINCIPLES OF
INTERNATIONAL LAW AS PART OF THE LAW OF
THE LAND
Adherence to International Law
(Preamble, Art. II, Sec. 2, Sections 78)
Secretary of Justice v. Judge Lantion,
343 SCRA 377: Rights of the citizen
under the Constitution are to be
upheld without necessarily abrogating
treaty obligations.
Issues are normally presented to the
Court, where it applies the balancing
of interests principle.
CIVILIAN AUTHORITY IS SUPREME
OVER MILITARY AUTHORITY
Supremacy of Civilian Authority (Art.
II, Sec. 3, Art. VII, Sec. 18, Art. XVI,
Sec. 5(4), Art. XVI, Sec. 5(2))
The President is the Commander –in
Chief of the Armed Forces of the
Philippines.
MANDATORY CIVIL OR MILITARY SERVICE
Government as Protector of the People
and People as Defender of the State
(Art. II, Sec. 4 and Sec. 5)
There is a mutual responsibility
between the government and its
people to ensure maintenance of
peace and order, the protection of
life, liberty, and property, and
promotion of the general welfare
under the blessings of democracy.
SEPARATION OF CHURCH AND STATE
Separation of Church and State (Art.
II, Sec. 6, Art. III, Sec. 5, Art. IX, C, 2
(5), and Art. VI, Sec. 5 (2))
Separation of church and state is
violated when state allows prayers in
schools for minor children without
securing the prior consent of their
parents. (2013 Bar Exams)
Exceptions: Art. VI, Sec. 28(3) and Sec.
29(2); Art. XIV, Sec. 3(3) and Sec. 4(2)
STATE POLICIES
1. Independent foreign policy and a
nuclearfree Philippines (Art. II,
Sections 78 and Art. XVIII, Sections 4
and 25)**
Saguisag v. Ochoa, G.R. Nos. 212426 and
212444, 12 January 2016: EDCA is an
Executive Agreement and not a treaty.
Read Section 25, Article XVIII presence
of foreign military bases, troops or
facilities may require a national
referendum.
STATE POLICIES
2. A just and dynamic social order
(Preamble, Art. II, Sec. 9)
3. The promotion of social justice
(Art. II, Sec. 10, Art. XIII, Sections 1
2, Art. II, Sec. 26 and Art. VII, Sec.
13, par. 2)
4. Respect for human dignity and
human rights (Art. II, Sec. 11, Art.
III, Sections 1719, and Art. XVI, Sec.
5(2))
STATE POLICIES
5. Fundamental equality of women
and men (Art. II, Sec. 14; Art. XIII,
Sec. 14)
6. Promotion of health (Art. II,
Sections 1516 and Art. XIII,
Sections 1113)
STATE POLICIES
The Right to a Balanced Ecology in
accordance with the Rhythm of
Nature
Oposa v. Factoran, G.R. No. 101083,
July 30, 1993: The personality of the
minors to sue is based on
intergenerational responsibility. The
present generation must ensure that
the future generation will have
sufficient natural resources to meet
their needs. (2012 Bar Exams)
STATE POLICIES
The Right to Good Health
International Service for the
Acquisition of AgriBiotech
Applications, Inc. v. Greenpeace
Southeast Asia (Philippines), –
SCRA – (G.R. No. 209271, 8
December 2015): S.C. issued Writ of
Kalikasan enjoining “BT” Talong
field trials for violation of
constitutional right to health and
balanced ecology.
STATE POLICIES
Respondents raised the following
objections:1. Petitioner did not obtain
ECC; 2. BT Talong is presumed
harmful, if consumed; 3. B.T. Talong
has adverse and toxic effect on human
health; and 4. experiments showed
adverse effect even on insects.
Applying the Precautionary Principle,
the Supreme Court enjoined the
Petitioner from carrying any further
experiments on the “BT” Talong.
STATE POLICIES
Right to Good Health
Hernandez et al. v. NAPOCOR, G.R.
No. 145328, March 23, 2006: TRO can
be issued against a government
project as a matter of exception
because the protection of people’s
health enjoys a preferential
treatment based on a constitutional
mandate.
II. STATE POLICIES
7. The priority of education,
science, technology, arts, culture
and sports (Art. II, Sec. 17; and
Art. XIV, Sec. 2)
The state shall encourage and
support researches and studies on
the arts and culture is a nonself
executing provision in the
Constitution. (2012 Bar Exams)
II. STATE POLICIES
8. Urban land reform and housing, (Art.
XIII, Sections 910)
In expropriation of land, where there is
a conflict between the rules of court
and a national law as to the amount of
deposit for government to take
possession of the property, the
national law must prevail. (2011 Bar
Exams)
But determination of just compensation
is basically a judicial function.
II. STATE POLICIES
9. Reform in agriculture and other natural
resources (Art. II, Sec.21; Art. XIII, Sections
48)
Resident Mammals of Tanon Straits v. DENR
Sec. Angelo Reyes, G.R. No. 180771, April 21,
2015: Court recognized the protection of the
resident mammals of Tanon Strait through
petitioners who are natural persons acting
as legal guardians, as friends and for being
stewards of creation. Under the Rules of
Procedure in Environmental Cases, a
citizen suit is encouraged for the protection
of the environment.
II. STATE POLICIES
Most Rev. Pedro Arigo v. Scott H. Swift, et
al., G.R. No. 206510, Sept. 16, 2014: The
Court held that the liberalization of
standing first enunciated in Oposa,
insofar as it refers to minors and
generations yet unborn, is now enshrined
in the Rules which allows the filing of a
citizen suit in environmental cases. The
provision on citizen suits in the Rules
“collapses the traditional rule on personal
and direct interest, on the principle that
humans are stewards of nature.”
II. STATE POLICIES
10. Protection of Labor (Art. II, Sec. 18 and
Art. XIII, Sec. 3)
The right of employees from the private and
public sectors to form unions, associations
and societies not contrary to law (Art. III,
Sec. 8; Art. IX, B, Sec. 2(5)
Quiambao v. Manila Electric Company, G.R.
No. 171023, Dec. 18, 2009:* An employee
dismissed for cause cannot be awarded
separation benefits. (Del Castillo, J.)
II. STATE POLICIES
11. Independent people’s organizations
(Art. II, Sec. 23; Art. XIII, Sections 15
16)
Ang Ladlad LGBT Party v. Commission
on Elections, 618 SCRA 32 (2010):*
Sectoral representation in the House
of Representatives is a matter
guaranteed under the Constitution.
The party list is allowed to represent
an advocacy. (Del Castillo, J.)
II. STATE POLICIES
Atong Paglaum, Inc. v. Commission on
Elections, 694 SCRA 477 (2013): A party list
need not be members of the marginalized
sector of society. Representation is
broader than the economic condition of
the sector but will cover national political
parties, regional political parties and the
sectoral party list members.
A political party which fields candidates
under the party list system can no longer
field candidates in the congressional
districts. (Asked in 2015)
II. STATE POLICIES
Abang Lingkod v. Commission on
Elections, 708 SCRA 133 (2013):
Track record of performance of a
party is not a requisite for
participation in the party list
system. It is sufficient that the
sectoral party has a constituency.
II. STATE POLICIES
12. The Family as a Basic Autonomous
Social Institution (Art. II, Sec. 12, Art.
XV ,The Family; Art. II, Sec. 13)
See Civil Code, Art. 52: Marriage is
not a mere contract but an inviolable
social institution
II. STATE POLICIES
Imbong v. Ochoa, G.R. No. 204819, April 8,
2014: Recognition of the right to
privacy of spouses on options available
under the RH law.
When does human life begin. The
Supreme Court said that the undeniable
conclusion, whether it be taken from a
plain meaning, or understood under
medical parlance and more importantly,
following the intention of the Framers of
the Constitution, is that a zygote is a
II. STATE POLICIES
human and that the life of a new
human being commences at a
scientifically welldefined moment of
conception, that is, upon fertilization.
The Court further said that the
fertilized ovum/zygote is not an
inanimate object it is a living human
being complete with DNA and 46
chromosomes. Once implanted in the
uterus, life already begins.
STATE POLICIES
13. A selfreliant and independent
economic order (Art. II, Sec. 19, Sec. 20);
Art. XII National Economy and Patrimony
Manila Prince Hotel v. GSIS, 267 SCRA
408: preferential treatment of Filipinos
REPUBLIC v. ROXAS (712 SCRA 177,
2013):It is clear under the law that only
alienable and disposable agricultural
lands of the public domain can be
acquired by homestead.
STATE POLICIES
14. Communication and information in
nationbuilding (Art. II, Sec. 24, Art. XVI,
Sections 1011, Art. XVIII, Sec. 23)
15. Autonomy of local government (Art. II,
Sec. 25, Art. X Local Government)
In a unitary system, the local
governments can only be an infra
sovereign subdivision. An ordinance
must comply with the national law.
(Magtajas v. Pryce Properties
Corporation, 234 SCRA 255, 2012 Bar
Exams)
STATE POLICIES
16. Recognition of the rights of
indigenous cultural communities
(Art. II, Sec. 22, Art. VI, Sec. 5(2), Art.
XII, Sec. 5, Art. XIII, Sec. 6, Art. XIV,
Sec. 12) Consolidated Petitions:
Province of Cotabato v. Government
of the Republic of the Philippines:
the right to selfdetermination is a
protected right; concept of an
associative state cannot apply in the
Philippines
STATE POLICIES
17. Honest Public Service and Full
Public Disclosure (Art. II, Sec. 27,
Art. XI, Sections 4, 515), Art. II, Sec.
28, Art. XI, Sec. 17, Art. VII, Sec. 12,
Art. VII, Sec. 20, Art. XII, Sec. 21,
Art. XII, Sec. 2, par. 5, Art. VI,
Sections 12 and 20, Art. IX, D, Sec. 4,
and Art. III, Sec. 7)
SOCIAL JUSTICE, HUMAN RIGHTS AND
OTHER GUARANTEED RIGHTS
1. Social Justice defined, Art. XIII,
Sec. 1, Sec. 2
Calalang v. Williams, 70 Phil. 726
(1940) Read: Definition of social
justice
2. Aspects of social justice
a. Labor, Art. XIII, Sec. 3
b. Agrarian and natural resources
reform, Art. XIII, Sections 48
SOCIAL JUSTICE, HUMAN RIGHTS AND
OTHER GUARANTEED RIGHTS
Tano et. al. v. Socrates et. al., G. R. No.
110249: protection of marine
resources
Urban land reform and housing, Art.
XIII, Sections 910
City of Mandaluyong v. Aguilar, 350
SCRA487: choice of site for public
housing
SOCIAL JUSTICE, HUMAN RIGHTS AND
OTHER GUARANTEED RIGHTS
d. Health, Art. XIII, Sections 1113
e. Women, Art. XIII, Sec. 14: maternal
function of women
f. People’s organizations, Art. XIII, Sec. 15
g. Education
Right to quality education, Art. XIV,
Sec. 1
Institutional independence of the
school to impose sanctions/ disciplinary
action over its students.
SOCIAL JUSTICE, HUMAN RIGHTS AND
Miriam College v. CA 348 SCRA 215:
OTHER GUARANTEED RIGHTS
use of indecent/ vulgar language
Educational mandate of the state, Art.
XIV, Sec. 2, Sec. 5
University of San Agustin v. CA 270
SCRA 761: academic standards
The educational system, Art. XIV, Sec.
3, Sec. 4
Ateneo v. Capulong 222 SCRA 643:
violence in school activities
Social Justice, Human Rights and
other Guaranteed Rights
Language, Art. XIV, Sections 69
National Language: Filipino
Official Language: Filipino and
English
Auxiliary official languages: regional
languages
Voluntary and optional languages:
Spanish and Arabic
Social Justice, Human Rights and
other Guaranteed Rights
Science and technology, Art. XIV,
Sections 1013
Arts and Culture, Art. XIV, Sections
1418
Sports, Art. XIV, Sec. 19
The Family, Art. XV
SEPARATION OF POWERS
The starting point of the principle
of separation of powers is the
assumption of the division of the
functions of the government into
three distinct classes: the
executive, the legislative and the
judicial. (2012 BAR EXAMS)
SEPARATION OF POWERS
The government established by the
Constitution follows fundamentally
the theory of separation of powers
into the legislative, the executive
and the judicial [Angara v.
Electoral Commission, G.R. No.
45081. July 15, 1936].
SEPARATION OF POWERS
The separation of powers is a
fundamental principle in our
system of government. Any system
that is violative of this principle is
unconstitutional and void. [See
Belgica v. Ochoa, G.R. No. 208566,
Nov. 19, 2013, on the
unconstitutionality of the PDAF]
SEPARATION OF POWERS
A member of Congress cannot question
the power of the Sandiganbayan which
ordered his suspension while an anti
graft case was filed against him remains
pending. The Congressman alleged that
this violates the principle of separation
of powers. The Court said that this is
unavailing. (Paredes, Jr., v.
Sandiganbayan, G.R. No. 118364, 8
August 1995, 2015 Bar Exams)
SEPARATION OF POWERS
The grant of authority to the Oversight
Committee to screen the beneficiaries
of the Poverty Alleviation and
Assistance Act is unconstitutional. It
violates the principle of separation of
powers.
In ABAKADA Guro Party List v. Purisima
(562 SCRA 251, 2015 Bar Exams), the
Court held that Congress cannot have
any postenactment participation.
SEPARATION OF POWERS
How principle is violated:
interference to and assumption of
another branch’s functions
Alba v. Demetria, 148 SCRA 208, 209
210, 214218 (1987): strict adherence
to the constitutional process
Consolidated Petitions: Belgica et.
al. v. Executive Secretary et. al. G.R.
No. 208566,, Nov. 19, 2013: PDAF is
unconstitutional; no crossborder
transfer of funds
SEPARATION OF POWERS
Republic v. Bayao et. al., G.R. No. 179492,
June 5, 2013: The relocation of a
government center is a prerogative of the
executive branch unless the
implementation is contrary to law, morals,
public policy and the Court cannot
intervene in the legitimate exercise of
such power.
Ampatuan, Jr. v. De Lima et. al., G.R. No.
197291, April 3, 2013: It is sound judicial
policy not to interfere in the conduct of
the preliminary investigation conducted
by the DOJ.
CHECKS AND BALANCES
It does not follow from the fact that the
three powers are to be kept separate and
distinct that the Constitution intended
them to be absolutely unrestrained and
independent of each other. The
Constitution has provided for an
elaborate system of checks and balances
to secure coordination in the workings of
the various departments of the
government. [Angara v Electoral
Commission]
CHECKS AND BALANCES
The system of checks and balances
operates when the President nullifies a
conviction in a criminal case by
pardoning the offender. (2011 Bar
Exams)
The principle of checks and balances is
carried out when the legislature passes a
law that prohibits the President from
commuting a judiciary imposed
sentence, as check of the President. (Sec.
19, Art. VII, Constitution, 2012 Bar
Exams)
CHECKS AND BALANCES
Congressional oversight is integral to
separation of powers. However, for
a postenactment congressional
measure to be valid, it must be
limited to:
(1) Scrutiny Congress’ power of
appropriation, i.e. budget hearings,
and power of confirmation.
(Demetria v. Alba, 21987)
CHECKS AND BALANCES
(2) Investigation and monitoring of
implementation of laws – using its
power to conduct inquiries in aid of
legislation. (Abakada Guro Partylist
v. Purisima, G.R. No. 166715, August
14, 2008)
DELEGATION OF POWERS
RULE OF NONDELEGATION OF
LEGISLATIVE POWER
Principle: Delegata potestas non
potest delegari – What has been
delegated can no longer be
delegated.
DELEGATION OF POWERS
Rationale: Since the powers of the
government have been delegated to
them by the people, who possess
original sovereignty, these powers
cannot be further delegated by the
different government departments
to some other branch or
instrumentality of the government.
DELEGATION OF POWERS
Exceptions:
(1) Delegated legislative power to local
governments – Local governments, as an
immemorial practice, may be allowed to
legislate on purely local matters. [See Rubi v.
Provincial Board (1919), cited in Belgica,
supra. See also Const., Art. IX, Sec. 9,
explicitly mentioning “legislative bodies of
local governments;” and Sec. 20 providing for
the coverage of legislative powers delegated
to autonomous regions via the latter’s
organic acts.]
DELEGATION OF POWERS
(2) Constitutionlallycrafted
Exceptions
(a) Emergency power delegated to
the Executive during State of War
or National Emergency
[Constitution, Art. VI, Sec.23(2)]
(b) Certain taxing powers of the
President [Constitution, Art. VI,
Sec.28(2)]. The Congress may
authorize the President to fix
DELEGATION OF POWERS
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) The extent reserved to the people by the
provision on initiative and referendum
[Constitution, Art. VI,
Sec. 1]
DELEGATION OF POWERS
Tests for valid delegation
Rule – There is a valid delegation of
legislative power when:
1. Completeness test The law sets
forth the policy to be executed,
carried out, or implemented by the
delegate (Abakada, supra), such that
there is nothing left for the delegate
to do but to enforce the law [Pelaez v.
Auditor General (1965)]; and
DELEGATION OF POWERS
2. Sufficient standard test The
standard is sufficient if it defines
legislative policy, marks its limits,
maps out its boundaries and
specifies the public agency to apply
it. It indicates the circumstances
under which the legislative
command is to be effected.[Edu v.
Ericta, 35 SCRA 481 (1970)]
DELEGATION OF POWERS
Application of the Principle:
PHCAP v. Sec. Duque III, 535 SCRA
265: On the adoption of IRR
considering a domestic law and an
international instrument to which
Philippines is a party; Where the
IRR goes beyond what the law
prescribes, the same must be rules
as ultra vires.
DELEGATION OF POWERS
Belgica et. al. v. Ochoa et. al. G.R.
No. 208566, November 19, 2013: On
the utilization of the “pork barrel
fund” (PDAF) by members of
Congress coursed through the
Executive Branch; Congress
cannot delegate to the Executive
Branch the power to appropriate
public funds.
DELEGATION OF POWERS
BOCEA v. Hon. Teves, G.R. No.
181704, December 6, 2011: R.A. No.
9335 otherwise known as the
Attrition Act of 2005 is
constitutional and the adoption of
its Implementing Rules and
Regulations is a valid delegation of
powers.
DELEGATION OF POWERS
Pichay v. Office of the Deputy
Executive Secretary et al., G.R. No.
196425, July 24, 2012: The power of
the President to reorganize is a
prerogative under his continuing
“delegated legislative authority to
reorganize” his own office pursuant
to E.O. No.292. The President
cannot, however, reorganize offices
created by Congress.
DELEGATION OF POWERS
Banda et al. v. Ermita, G.R. No.
166620, April 20, 2010: The power to
reorganize executive offices has
been consistently supported by
specific provisions in general
appropriations laws. Without any
provision in the General
Appropriations Act to support the
salary adjustment cannot be
implemented.
FORMS OF GOVERNMENT
The major recognized forms of
government are:
1. Monarchy
2. Democracy
3. Oligarchy
FORMS OF GOVERNMENT
“Government of the Philippines” is
defined as:
The corporate governmental entity
through which the functions of
government are exercised
throughout the Philippines,
including the various arms
through which political authority
is made effective in the Philippines
FORMS OF GOVERNMENT
whether pertaining to:
(a) the autonomous regions,
(b) the provincial, city, municipal,
or barangay subdivisions, or
(c) other forms of local government.
[Sec. 2(1), Bk. I, Administrative
Code]
FORMS OF GOVERNMENT
Forms of Government as to Existence
1. De jure
(1) Has rightful title;
(2) But has no power or control,
either because this has been
withdrawn from it, or because it
has not yet actually entered into the
exercise thereof. [In re Letter of
Associate Justice Puno, (1992)]
FORMS OF GOVERNMENT
2. De facto
Government of fact, that is, it
actually exercises power or control
without legal title. [Co Kim Cham
v. Valdes, (1945)]
LEGISLATIVE DEPARTMENT
A. Who may exercise lawmaking
powers?
1. Congress
2. Local legislative bodies under the
principle of delegation of powers
(ARMM, Sanguniang Panlalawigan,
Sanguniang Panlungsod, Sanguniang
Bayan and Sanguniang Barangay)
LEGISLATIVE DEPARTMENT
3. Electorate (people’s initiative on
statutes, initiative and referendum)
4. Emergency powers exercised by
the President under martial law
rule or in a revolutionary
government.
B. COMPOSITION OF CONGRESS, QUALIFICATIONS OF MEMBERS,
AND TERM OF OFFICE
1. Election of Members: Regular
election (Art. VI, Sec. 8) and Special
election (Art. VI, Sec.9)
Elections for Senators and
representatives are held in the
manner and on the dates fixed by law.
Regular elections of Senators and
representatives of HOR is held every
second Monday of May. (Sec.8, Art. VI)
B. COMPOSITION OF CONGRESS, QUALIFICATIONS OF MEMBERS,
AND TERM OF OFFICE
2. Commencement of Term of Office:
The Constitution provides that the
terms of office of the Senators and
the representatives shall begin at
noon of 30 June next following their
election. (Sections 4 and 7, Article
VI)
B. COMPOSITION OF CONGRESS, QUALIFICATIONS OF MEMBERS,
AND TERM OF OFFICE
3. Vacancies, how filled: In case of a
vacancy in the Senate or the House
of Representatives, a special
election may be called in the
manner prescribed by law, but the
senator or representative elected
shall serve only for the unexpired
term. (Sec.9, Art.VI)
B. COMPOSITION OF CONGRESS, QUALIFICATIONS OF MEMBERS,
AND TERM OF OFFICE
4. Membership of the Senate: 24
Senators chosen by the qualified
voters all over the Philippines and
overseas Filipinos duly registered
with Philippine embassies and
consulates abroad. Senate (Art. VI,
Sections 24)
B. COMPOSITION OF CONGRESS, QUALIFICATIONS OF MEMBERS,
AND TERM OF OFFICE
Qualifications: To be eligible for the
Senate, a person:
1. Must be a natural born citizen of
the Philippines;
2. Must be at least 35 years old on the
day of election;
3. Must be able to read and write;
B. COMPOSITION OF CONGRESS, QUALIFICATIONS OF
MEMBERS,
AND TERM OF OFFICE
4. Must be a registered voter; and
5. Must be a resident of the Philippines
for not less than two years
immediately preceding the day of
election. (Sec. 3, Art. VI, 1987
Constitution)
B. COMPOSITION OF CONGRESS, QUALIFICATIONS OF MEMBERS, AND TERM
OF OFFICE
Term of Office: A Senator serves for a
term of six (6) years and one cannot
serve for more than two (2)
consecutive terms. (Sec.4, Art. VI)
Social Justice Society v. Dangerous
Drugs Board, 570 SCRA 411, 416419,
422425 (2008): No other substantive
requirement may be prescribed for
elective positions.
B. COMPOSITION OF CONGRESS, QUALIFICATIONS OF MEMBERS,
AND TERM OF OFFICE
Membership of the House of
Representatives: Congressional
district representatives and party
list members. (Sec.5 (1), (2) and (3),
Art. VI, 1987 Constitution)
B. COMPOSITION OF CONGRESS, QUALIFICATIONS OF MEMBERS,
AND TERM OF OFFICE
Qualifications: To be eligible for the
House of Representatives, a person:
1. Must be a natural born citizen of the
Philippines;
2. Must be at least 25 years old on the
day of election;
3. Must be able to read and write;
B. COMPOSITION OF CONGRESS, QUALIFICATIONS OF
MEMBERS, AND TERM OF OFFICE
4. Except for a party list member,
must be a registered voter in the
district in which he shall be
elected; and must be a resident of
said district for not less than one
year immediately preceding the day
of election. (Sec. 6, Art. VI, 1987
Constitution)
B. COMPOSITION OF CONGRESS, QUALIFICATIONS OF
MEMBERS, AND TERM OF OFFICE
Ongsiako Reyes v. COMELEC, G.R. No.
207264, June 25, 2013: Improper oath
taking procedure; a member of
Congress must be a naturalborn
Filipino ; a material
misrepresentation will invalidate a
Certificate of Candidacy.
APPORTIONMENT OF LEGISLATIVE DISTRICT
Apportionment: Each congressional
district must have at least a
population of 250,000 inhabitants.
Gerrymandering refers to the
practice of creating or dividing
congressional districts in a manner
intended to favor a particular party
or candidate. (2014 Bar Exams)
APPORTIONMENT OF LEGISLATIVE DISTRICT
The total number of party list
members must not exceed 20% of
the total number of members of the
HOR.
TERM OF OFFICE OF HOR MEMBERS
Term of Office: Members of the HOR
serve for a term of three (3) years
and one cannot serve for more than
three (3) consecutive terms. (Sec. 7,
Art. VI)
Sema v. COMELEC, 558 SCRA 700726,
731744 (2008): Congress cannot
delegate the power to create
provinces to the ARMM Legislative
Assembly.
APPORTIONMENT OF LEGISLATIVE DISTRICT
Aquino and Robredo v. COMELEC, 617 SCRA
623, 630652 (2010): A congressional
district in a city must meet the
threshold of 250,000 inhabitants but
not in a province.
Aldaba v. COMELEC, 611 SCRA 137 (2010):
Population should not be based on
projection and certification must be issued
by head of the Philippine Statistics
Authority, formerly, National Statistics
Office (NSO) now Philippine Statistics
Authority.
PARTY LIST SYSTEM
Party list system: allocation of seats
and sectoral representation
Political parties may participate in
the party list system provided they
do not field candidates in
congressional districts. (Ang
Paglaum v. COMELEC, 2 April 2013,
2015 Bar Exams)
TERM OF OFFICE OF HOR MEMBERS
Purpose why the marginalized sector
needs to be represented (Lokin v.
COMELEC, 621 SCRA 685)
Representation includes an advocacy
which is of special interest to the
sector. (2015 Bar Exams)
PARTY LIST SYSTEM
System of accreditation; procedural
aspect; criteria to be considered
(Ladlad v. COMELEC, G.R. No.
190582, April 8, 2010)
PARTY LIST SYSTEM
Basic parameters of representation:
The maximum representation of party list
members is 20% of all members.
Each winning party list organization
must meet at least the 2% threshold
number of votes of all registered voters.
Each party list organization can only
have a maximum of three seats. (BANAT
v. COMELEC, 2014 Bar Exams)
PARTY LIST SYSTEM
Paglaum v. COMELEC, 694 SCRA 477 (2013):
sectoral representation need not be
limited to the poor or marginalized group;
extent of national membership;
performance in party list election process
Ang Ladlad v. COMELEC, G.R.No. 190582,
April 8, 2010: While accreditation of party
list is the prerogative of COMELEC, the
Court, when called upon in proper cases,
may scrutinize the basis why a party was
not accredited.
PARTY LIST SYSTEM
PGBI v. COMELEC, G.R. No. 190529,
April 29, 2010: The COMELEC has the
power to delist a party list on two
grounds under Section6 (8) of R.A.
7941.
Magdalo v. COMELEC, G.R. No.
190793, June 19, 2012: The
registration of political parties does
not involve administrative liability
as it is only limited to the evaluation
of qualifications for registration
LEGISLATIVE PRIVILEGES AND
DISQUALIFICATIONS/INHIBITIONS
Salaries (Art. VI, Sec. 10 and Art.
XVIII, Sec. 17)
General Rule: Incumbent members
of Congress cannot benefit from
salary increases approved during
their term of office.
LEGISLATIVE PRIVILEGES AND
DISQUALIFICATIONS/INHIBITIONS
PHICONSA v. Mathay: 18 SCRA 300
312 (1966): The Court permanently
enjoined COA from authorizing or
passing in audit the payment of the
increased salaries since the law is
not operative until after the
expiration of their term. (Asked
several times in bar exams)
LEGISLATIVE PRIVILEGES AND
DISQUALIFICATIONS/INHIBITIONS
Ligot v, Mathay, 56 SCRA 823 (1974):
The Court dismissed the petition and
affirmed the AuditorGeneral's
decision that petitioner as a
Congressman whose term of office
expired on December 30, 1969 a
cannot benefit from the new law
mandating the increase of salaries
and benefits approved by Congress
during his incumbency.
LEGISLATIVE PRIVILEGES AND
DISQUALIFICATIONS/INHIBITIONS
Freedom from Arrest (Art. VI, Sec.
11, Rev. Penal Code, Art. 145):
Freedom from Arrest in all offenses
punishable by not more than six
years imprisonment while Congress
is in session.
LEGISLATIVE PRIVILEGES AND
DISQUALIFICATIONS/INHIBITIONS
Speech and Debate Clause (Art. VI,
Sec. 11)
Pobre v. Miriam DefensorSantiago,
A.C. No. 7399, August 25, 2009: A
member of Congress may invoke
parliamentary immunity in a speech
delivered during session
LEGISLATIVE PRIVILEGES AND
DISQUALIFICATIONS/INHIBITIONS
Incompatible and Forbidden Offices
(Art. VI, Sec. 13 and Sec. 14)
Puyat v. de Guzman, 113 SCRA 32
(1982): an incumbent member of
Congress cannot engage in the
practice of another profession. (2013
Bar Exams)
Other Prohibitions (Art. VI, Sec. 3)
Duty to Disclose (Art. XI, Sec. 17, Art.
VI, Sec. 12, Sec. 20)
CONGRESSIONAL SESSIONS: QUORUM AND
RULES OF PROCEEDINGS
1. Quorum (Art. VI, Sec. 16(2))
Plenary Sessions:
Quorum and Attendance: A quorum
is required to conduct business.
Congress may adjourn from day to
day when there is no quorum.
It may compel attendance in such a
manner it may provide.
CONGRESSIONAL SESSIONS: QUORUM AND
RULES OF PROCEEDINGS
It may also impose any punishment it may
consider proper on members who refuse
to attend the sessions and whose absence
prevents the House from having a
quorum. (Sec. 16 (2), Article VI)
Avelino v. Cuenco, 83 Phil 17 (1949):
Physical presence during session is
required
2. Rules of proceedings (Art. VI, Sec. 16(3)
and Sec. 21)
CONGRESSIONAL SESSIONS: QUORUM AND
RULES OF PROCEEDINGS
Journal and Record (Art. VI, Sec.16
(4))
Both the Senate and HOR are
required to keep a journal of
their respective proceedings.
CONGRESSIONAL SESSIONS: QUORUM AND
RULES OF PROCEEDINGS
The Journal is a complete official
record of what transpired in the
chambers, including the remarks
and speeches made by members, the
bills presented and deliberated
upon, the votes cast and the
decision of every matter included in
the Agenda for each session.
CONGRESSIONAL SESSIONS: QUORUM AND
RULES OF PROCEEDINGS
The following matters are required
to be included in the Journal:
Votes cast in favor of and those
against every motion, bill or other
question, when the entry in the
journal is requested by 1/5 of the
members present. (Art. VI, Sec.16
(4))
CONGRESSIONAL SESSIONS: QUORUM AND
RULES OF PROCEEDINGS
Yeas and nays on third and final
reading of a bill (Art. VI, Sec. 26[2])
Veto message of the President (Art.
VI, Sec. 27[1])
Yeas and nays on the repassing of a
bill vetoed by the President (Art. VI,
Sec. 27[1])
CONGRESSIONAL SESSIONS: QUORUM AND
RULES OF PROCEEDINGS
The Enrolled Bill Theory
Mabanag v. Lopez Veto, 78 Phil., 13,
12 19, 2931(1947): Under the
Enrolled Bill Theory, a law passed
upon by the legislative branch is
conclusive to the court. The law in
question pertains to the amendment
of the Constitution. The Court said
the amendment process is "political"
in its entirely, from submission
CONGRESSIONAL SESSIONS: QUORUM AND RULES OF
PROCEEDINGS
until an amendment becomes part of the
Constitution, and is not subject to
judicial guidance, control or
interference at any point.
Arroyo v. De Venecia, 343 Phil., 5460, 71
74 (1997): Internal rules must be
observed in floor deliberations.
(amendment of the NIRC on “sin” taxes
on cigars, cigarettes, wine and other
alcoholic drinks.
CONGRESSIONAL SESSIONS: QUORUM AND
RULES OF PROCEEDINGS
Probative Value of the Journal
U.S. v. Pons, 34 Phil., 729735 (1916):
The courts may not go behind the
legislative journals to contradict
their veracity. (This case involves an
appeal for reversion of conviction
where the accused was charged with
the offense involving illegal
importation of opium.)
CONGRESSIONAL SESSIONS: QUORUM AND
RULES OF PROCEEDINGS
Journal Entry Rule vs. Enrolled Bill
Theory
Morales v. Subido, 27 SCRA 131 (1969): An
omission at the time of enactment,
whether careless or calculated, cannot be
judicially supplied however much later
wisdom may recommend the inclusion.
(This case involves consideration of
qualification and eligibility to become
Chief of Police of Manila.)
CONGRESSIONAL SESSIONS: QUORUM AND RULES OF PROCEEDINGS
Astorga v. Villegas, 56 SCRA 714
(1974): The Court held that that
the enrolled bill theory is based
mainly on "the respect due to
coequal and independent
departments," which requires the
judicial department "to accept, as
having passed Congress, all bills
authenticated in the manner
stated.“ (Asked 2017 bar exams)
CONGRESSIONAL SESSIONS: QUORUM
AND RULES OF PROCEEDINGS
Thus, it has also been stated in
other cases that if the attestation is
absent and the same is not
required for the validity of a
statute, the courts may resort to the
journals and other records of
Congress for proof of its due
enactment.
CONGRESSIONAL SESSIONS: QUORUM AND
RULES OF PROCEEDINGS
Sessions
Regular sessions (Art. VI, Sec. 15 and
Sec. 16(5))
Special sessions (Art. VI, Sec. 15
upon call of the President, Art. VII,
Sections 1011 to fill vacancies in the
Presidency and Vice Presidency Art.
VII, Sec. 18, par. 2, Commanderin
Chief powers
CONGRESSIONAL SESSIONS: QUORUM AND
RULES OF PROCEEDINGS
Voting Requirements
1. General Rule: When the House has a
quorum, a majority vote of the
quorum is generally sufficient for the
approval of matters.
2. Exceptions: There are, however,
certain matters which prescribe that
entire membership is required like
two thirds vote in –
CONGRESSIONAL SESSIONS: QUORUM AND
RULES OF PROCEEDINGS
the passage of a bill vetoed by the
President. (Sec.27(1), Art. VI)
the declaration of war. (Sec. 23(1), Art.
VI
to call a constitutional convention.
(Sec.3, Art. XVII)
the expulsion or suspension of a
member. (Sec. 16(3), Article VI)
VOTES IN IMPEACHMENT PROCEEDINGS
A majority vote of the members of the
Committee on Justice of HOR is
necessary for consideration of its
report in a plenary session. (Sec.
3(2), Art. XI)
A vote of at least 1/3 of all members of
the HOR is necessary to either
affirm a favorable resolution with
the Articles of Impeachment or
override its contrary resolution.
VOTES IN IMPEACHMENT PROCEEDINGS
A verified complaint or resolution of
impeachment filed by 1/3 of all
members of the HOR shall
constitute the Articles of
Impeachment.
Two thirds vote of all members of
the Senate is necessary to convict
the impeached public officer.
VOTES IN IMPEACHMENT PROCEEDINGS
Gutierrez v. HOR, Feb. 15, 2011:
consideration of two complaints as basis
Francisco v. HOR, 415 SCRA 44: initiation of
a complaint for impeachment . The one
year bar rule in impeachment
proceedings is to be reckoned from the
time the impeachment complaint is
referred to the Committee on justice.
(2014 Bar Exams)
VOTES IN IMPEACHMENT PROCEEDINGS
Chief Justice Corona v. Senate of the
Philippines et al., G.R. No.200242,
July 17, 2012: The power of judicial
review includes the power of
review of justiciable issues in
impeachment proceedings.
DISCIPLINE OF MEMBERS
(ART. VI, SEC. 16(3))
Discipline of Members (Art. VI, Sec.
16(3)). The Committee on Ethics
conducts the investigation of a
member and will submit in plenary
its recommendation. A member of
Congress may be suspended or
expelled by two –thirds vote of all
its members.
DISCIPLINE OF MEMBERS
(ART. VI, SEC. 16(3))
Each house may determine the rules
of proceedings, punish its Members
for disorderly behavior, and with
the concurrence of twothirds of all
its members, suspend or expel a
member.
A penalty of suspension, when
imposed, shall not exceed sixty
days.
ELECTORAL TRIBUNALS
(ART. VI, SECTIONS 17 AND 19)
Senate Electoral Tribunal (SET):
composed of 3 Justices of the
Supreme Court to be designated by
the Chief Justice and 6 members of
the Senate based on proportional
representation; the Senior Justice
acts as the Chairman.
ELECTORAL TRIBUNALS (ART. VI,
SECTIONS 17 AND 19)
House of Representatives Electoral
Tribunal (HRET): composed of 3
Justices of the Supreme Court to be
designated by the Chief Justice and
6 members of the House of
Representatives based on
proportional representation; the
Senior Justice acts as the Chairman.
ELECTORAL TRIBUNALS (ART.
VI, SECTIONS 17 AND 19)
Jurisdiction of Electoral Contests
before the SET and the HRET: All
matters pertaining to the election,
returns and qualifications of a
member, including issues involving
citizenship and appreciation of
ballots.
JURISDICTION OF
ELECTORAL TRIBUNALS
Reyes v. COMELEC and Tan, G.R. No.
207264, June 25, 2013: To be
considered a member of Congress,
there must be concurrence of the
following requisites: a valid
proclamation; a proper oath; and
assumption to duty. Absent any of
the foregoing, the COMELEC retains
jurisdiction over said contest.
JURISDICTION OF
ELECTORAL TRIBUNALS
Duenas v. HRET, 593 SCRA 3166:
HRET has the competence to
examine questioned ballots; a
resolution signed by the majority of
the members is sufficient.
VinzonsChato v. HRET and Panotes,
G.R. No. 199149, January 22, 2013:
Digital images are functional
equivalent of the paper ballots.
JURISDICTION OF
ELECTORAL TRIBUNALS
Martinez v. HRET, G.R. No. 189034, January
11, 2010: nuisance candidates; mockery of
election process
Pimentel v. COMELEC, G.R. No. 178413,
March 13, 2008: Once COMELEC has
proclaimed the winner, it loses
jurisdiction on all issues involving the
election, returns and qualifications of a
member of the Senate; the losing party
must file the protest before the SET.
COMMISSION ON APPOINTMENTS
(ART. VI, SECTIONS 1819)
Membership of the Commission on
Appointments: It is composed of 25
members with the Senate
President at its ex officio
Chairman and 12 senators and 12
members of the House of
Representatives.
COMMISSION ON APPOINTMENTS
(ART. VI, SECTIONS 1819)
Members coming of the Senate and
the House of Representatives are
chosen on the basis of proportional
representation from political
parties and the parties or
organizations registered under the
party list system represented
therein.
JURISDICTION: ARTICLE VII, SECTION
16 OF THE 1987 CONSTITUTION READS:
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.
JURISDICTION: ARTICLE VII, SECTION 16
OF THE 1987 CONSTITUTION READS:
“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.”
LEGISLATIVE POWERS
General Plenary Powers;
Limitations on legislative powers
(Refer to Sections 22, 25, 29, 28 of
Art. VI, and Sec. 22, Art. VII, Sec.
4(3), Art. XIV for express and
implied SUBSTANTIVE
restrictions and Sections 26(1), (b)
of Art. VI and Art. 2 of the Civil
Code for procedural restrictions)
LEGISLATIVE POWERS
Power of Inquiry; Investigation (Sec. 21,
Art.VI)
Question Hour (Sec. 22, Art.VI) (Gudani v.
Senga 498 SCRA 67: Commanderin –Chief
powers of the President; Neri v. Senate
Committees: executive privilege; Senate
v. Ermita: Executive branch cannot
encroach on the congressional power of
inquiry.
(2015 Bar Exams)
LEGISLATIVE POWERS
Approval of presidential
amnesties/consent to appointees of
the President (Commission on
Appointments)
Declaration of state of war and
delegation of emergency powers
(Section 23, Article VI)
LEGISLATIVE POWERS
The statement that a proclamation of
emergency is sufficient to allow the
President to takeover public utility is false.
There must be a law delegating such power
to the President. (David v. Macapagal
Arroyo, 489 SCRA 160, 2010 Bar Exams)
Legislative veto or approval of extension of
suspension of privilege of habeas corpus or
declaration of martial law. (Section 18,
Article VII)
LEGISLATIVE POWERS
Senate’s concurrence in treaties.
(Section 21, Art.VII). An
agreement which allows the
presence of foreign military
personnel requires the
ratification of the Senate (Sec. 25,
Art. VIII, Constitution, 2015 Bar
Exams)
Read Saguisag v. Ochoa: EDCA is
an executive agreement and not a
treaty.
LEGISLATIVE POWERS
Enactment of laws related to
utilization of natural resources.
(Section 2, Article XII)
Amendment of the Constitution. (Sec.
2, Article XVII). Constituent power
of Congress refers to propose
constitutional amendments or
revisions. (2014 Bar Exams).
LEGISLATIVE POWERS
Sec. 1 of Art. XVII does not expressly
provide that the Senate and House
of Representatives must vote
separately but when the legislature
consists of two houses, the
determination of one house is to be
submitted to the separation
determination of the other house.
(Miller v. Mardo, 2 SCRA 898, 2014
Bar Exams)
LIMITATION ON LEGISLATIVE
POWERS
Substantive limitations
a. Express substantive limitations
(Art. III under the Bill of Rights,
Art. VI, Sections 24, 25 and 28, Art.
XIV, Sec. 4(3), Art. VI, Sections 29,
30 and 31). All appropriations,
revenue or tariff bills must
originate from the House of
Representatives. (2013 Bar Exams)
LIMITATION ON LEGISLATIVE
POWERS
b. Implied substantive limitations
Prohibition against delegation of
legislative powers
Prohibition against passage of
irrepealable laws
Exemptions to Nondelegation Doctrine
Delegation to the President: Art VI, Sec.
23(2) and Sec.28 (2)
Delegation to the people (Art. VI, Sec. 32):
referendum and initiative
CASES:
Demetria v. Alba, G.R. No. L45129,
March 6, 1987: no cross border
transfer of funds; all appropriations
bill must emanate from the House of
Representatives and the executive
branch has no power to transfer
one budget for another purpose for
which it was originally intended.
CASES:
Belgica v. Ochoa, G.R.No. 208493,
November 19, 2013: limitations on
the power to enact appropriation
bills
YMCA v. Collector of Internal
Revenue, 33 Phil. 217(1916):
taxpayer has burden of proof to
claim tax exemption
CASES:
Quezon City v. ABSCBN, G.R. No.
166408, Oct. 6, 2008: LGUs have
power to collect local franchise
tax
Del Mar v. PAGCOR, 346 SCRA 484
(2000): only Congress has the
power to grant franchise
Tanada v. Tuvera, 136 SCRA
27(1985): effectivity of laws
NON LEGISLATIVE FUNCTIONS
NonLegislative Functions
Act as Board of Canvassers in
presidential election
Lopez v. Senate, G.R. No. 163556,
June 8, 2004: Senate is a continuing
body only on this matter and
committee hearings and not to
consider bills.
NON LEGISLATIVE FUNCTIONS
Pimentel v. Joint Committee of
Congress, G.R. No. 163783, June 22,
2004. The Congress is a continuing
body and must fulfill its
constitutional mandate to conduct
the presidential canvass of votes
even it if is in recess.
POWER OF IMPEACHMENT
Votes in impeachment proceedings
A majority vote of the members of the
Committee on Justice of HOR is necessary
for consideration of its report in a plenary
session. (Sec. 3(2), Art. XI)
A vote of at least 1/3 of all members of the
HOR is necessary to either affirm a
favorable resolution with the Articles of
Impeachment or override its contrary
resolution.
POWER OF IMPEACHMENT
A verified complaint or resolution of
impeachment filed by 1/3 of all
members of the HOR shall
constitute the Articles of
Impeachment.
Two thirds vote of all members of
the Senate is necessary to convict
the impeached public officer.
POWER OF IMPEACHMENT
Power of impeachment (Refer to
Sections 2 and 3(1) to (6), Article XI
for jurisdiction, grounds and
procedure)
Gutierrez v. House of Representatives,
G. R. No. Feb. 15, 2011: Congress
may look into separate complaints
against an impeachable officer and
consider the inclusion of matters
raised therein in the adoption of the
Articles of Impeachment.
POWER OF IMPEACHMENT
The Court further said that: “Impeachment is
the most difficult and cumbersome mode of
removing a public officer from office. It is,
by nature, a sui generis politicolegal
process that signals the need for a judicious
and careful handling as shown by the
process required to initiate the proceeding;
the oneyear limitation or bar for its
initiation; the limited grounds for
impeachment; the defined instrumentality
given the power to try impeachment cases;
and the number of votes required for a
finding of guilt.” (Contrast this with
Francisco v. HOR)
DISCIPLINE OF MEMBERS
(ART. VI, SEC. 16(3))
Discipline of Members (Art. VI, Sec.
16(3)) – The Committee on Ethics
conducts the investigation of a
member and will submit in plenary
its recommendation. A member of
Congress may be suspended or
expelled by two –thirds vote of all
its members.
DISCIPLINE OF MEMBERS
(ART. VI, SEC. 16(3))
Each house may determine the rules
of proceedings, punish its Members
for disorderly behavior, and with
the concurrence of twothirds of all
its members, suspend or expel a
member.
A penalty of suspension, when
imposed, shall not exceed sixty days.
CONCLUDING STATEMENT ON THE
LEGISLATIVE BRANCH
The Congress exercises the following
functions:
1. Legislative Duty: making laws and
approving resolutions (simple,
concurrent or joint)
2. Executive Function: Concurring in
certain actions of the President
(approval of appointees by the
Commission on Appointments,
ratification of treaties)
THE
LEGISLATIVE BRANCH
3. Judicial: Conduct of impeachment
proceedings (Articles of
Impeachment by the HOR and trial
by the Senate
4. Constituent: Participation in the
amendment of the Constitution
either by: proposing the
amendments directly; or call for a
constitutional convention
THE
LEGISLATIVE BRANCH
5. Electoral Resposibility: Acts as
Board of Canvassers to count the
votes in favor of the President and
Vice President and proclaim the
duly elected winners.
THE EXECUTIVE DEPARTMENT
Presidential Immunity: The
immunity of the President from
suit during his incumbency is
rooted in the separation of powers
doctrine. The President enjoys the
presumption that he is faithful to
his Oath.
THE EXECUTIVE BRANCH
A. Qualifications, Privileges,
Inhibitions and Disqualifications
1. Qualifications, election, term and
oath, (Art. VII, Sections 2, 4 and 5)
2. Privileges and salary (Art. VII, Sec.
6)
3. Prohibitions (Art. VII, Sec. 13)
Compare prohibition against other
officials (Art. VI, Sec. 13, Art. IX, A,
Sec. 2 and Art. IX, B, Sec. 7)
THE EXECUTIVE BRANCH
Exceptions to rule prohibiting
executive officials from holding
another office:
1. Vice President as member of the
cabinet (Art. VIII, Sec. 3, par.2)
2. Secretary of Justice as member of
Judicial and Bar Council (Art.
VIII, Sec. 8 (1))
THE EXECUTIVE BRANCH
Presidential Immunity: The
immunity of the President from
suit during his incumbency is
rooted in the separation of
powers doctrine. The President
enjoys the presumption that he
is faithful to his Oath.
POWERS OF THE PRESIDENT
1. Executive and Administrative
Powers in General (Art. VII,
Sections 1 and 17)
The Constitution provides that “the
executive power shall be vested in
the President of the President.”
(Sec. 1, Article VII)
POWERS OF THE PRESIDENT
Under the principle of separation of
powers, the executive, legislative
and judicial departments of the
government are coordinate coequal
with one another.
Being the head of the state, the
President, by general conception, is
the highest official of the land.
POWER OF APPOINTMENT
a) In general: The President shall
appoint all officers of the
government whom he may
authorized by law to appoint and
such officers of government whose
appointments are not otherwise
provided by law. (Art. VII, Sec. 16)
POWER OF APPOINTMENT
b) With consent of Commission on
Appointments (please commit to memory):
Heads of departments (Art. VII, Sec. 16)
Ambassadors, public ministers, and
consuls (Art. VII, Sec. 16)
Officers of the armed forces from the rank
of colonel and naval captain (Art. VII,
Sec.16)
Chairman and members of Constitutional
Commissions (Art. IX, B, Sec. 1(2), C, Sec.
1(2), and D, Sec. 1(2))
Members of the Judicial and Bar Council
(Art. VIII, Sec.8 (2))
POWER OF APPOINTMENT
c) Upon recommendation of the
Judicial and Bar Council
Members of the Supreme Court and
all lower courts,(Art. VIII, Sec. 9)
Ombudsman, Overall Deputy
Ombudsman and Deputies – Luzon,
Visayas, Mindanao and for the
Military (Art. XI, Sec. 9)
POWER OF APPOINTMENT
Limitations on appointing power of
the President (Art. VII, Sections 13
and 15)
Interim or recess appointments,
(Art.VI, Sec. 19 and Art. VII, Sec.
16, par. 2)
Limitation on appointing power of
Acting President (Art. VII, Sections
1415)
POWER OF APPOINTMENT
d) Midnight appointments: The
outgoing President refrain from
filling vacancies to give the new
President opportunity to
consider names in the light of
his new policies especially so
when he ran on a platform
approved by the electorate.( Art.
VII, Sec.15)
MIDNIGHT APPOINTMENT
De Castro v. JBC, G.R. No. 191002,
March 17, 2010: This case
questioned the power of the
President to appoint the Chief
Justice during the prohibitive
period. The S.C. held that the
appointment of the members of
the judiciary is not covered by
the prohibition on midnight
appointments.
POWER OF CONTROL AND SUPERVISION
a) Concept of Qualified Political
Agency
Fortich v. Corona, 298 SCRA 678(1998).
In striking down, the action of the
President, the Court invoking a
jurisprudence held: “Since the
decisions of both the Civil Service
Commission and the Office of the
President had long become final and
executory, the same can no longer be
reviewed by the courts.
POWER OF CONTROL AND SUPERVISION
It is wellestablished in our
jurisprudence that the decisions and
orders of administrative agencies,
rendered pursuant to their quasi
judicial authority, have upon their
finality, the force and binding effect of
a final judgment within the purview of
the doctrine of res judicata [Brillantes
v. Castro, 99 Phil. 497 (1956), Ipekdijna
Merchandizing Co., Inc. v. Court of Tax
Appeals, G.R. No. L15430, September
30, 1963, 9 SCRA 72.]
EXECUTIVE DEPARTMENTS AND OFFICES
Control of executive department
(Art. VII, Sec. 17)
Ople v. Torres, 293 SCRA 141(1998):
In the exercise of power of
control, the President may
substitute his own judgment over
a decision of his subordinate; he
may amend, affirm, alter or
revoke any issuance of his
subordinates.
EXECUTIVE DEPARTMENTS AND OFFICES
c) General supervision of local
government and autonomous regions
but not CONTROL (Art. X, Sec. 4 and
Sec.16)
Joson v. Executive Secretary, 290 SCRA
279(1998): The President’s power over
local governments is only supervision
and not control. Thus, the primary
concern is to ensure that local
government officials comply with the
law when implementing the same.
EXECUTIVE DEPARTMENTS AND
OFFICES
4. Powers as CommanderinChief
(Art. VII, Sec.18, Art. III, Sec. 15, Art.
VIII, Sec. 1, par.2)
Emergency powers (Art. VI, Sec.
23(2))
EXECUTIVE DEPARTMENTS AND
OFFICES
Ampatuan et al. v. Hon. Puno, et al., G.R.
No. 190259, June 7, 2011: The President did
not proclaim a national emergency, only a
state of emergency. The calling out of the
armed forces to prevent or suppress
lawless violence in such places is a power
that the Constitution directly vests in the
President, without need of congressional
authority to exercise the same.
.
PARDONING POWER (ART. VII,
SEC. 19, ART. IX, C, SEC. 5)
a) Nature and Limitations: Rooted in
the “divine rights of the King”
General Rule: The Constitution
grants the President this right to
individuals convicted by final
judgment who have demonstrated
they have fulfilled their debt to
society.
PARDONING POWER (ART. VII,
SEC. 19, ART. IX, C, SEC. 5)
Exceptions: Grant of amnesty
requires congressional consent.
Offenses involving violation of
election laws require the
recommendation of the
COMELEC.
PARDONING POWER (ART. VII,
SEC. 19, ART. IX, C, SEC. 5)
Forms of Executive Clemency: Reprieves,
Commutations and Pardons; Remit fines and
forfeitures; Amnesty with consent of Congress
Pardon distinguished from probation
People v. Vera, 65 Phil. 56 (1937): Under the
law on probation, the convicted party does
not serve his sentence in jail while in
pardon, the convicted party serves his
sentence and upon good grounds, he may be
granted pardon.
PARDONING POWER (ART. VII,
SEC. 19, ART. IX, C, SEC. 5)
Pardon distinguished from
parole
Tesoro v. Director of Prisons, 68
Phil. 154 (1939): Parole is granted
to a convicted person upon
showing of good behavior but the
party is required to report
regularly to the Parole Board to
ensure that fulfills the conditions
of his parole.
PARDONING POWER (ART. VII, SEC.
19, ART. IX, C, SEC. 5)
Pardon distinguished from amnesty
Tolentino v. Catoy, 82 Phil. 300 (1948):
Pardon is left to the personal
discretion of the President while
amnesty requires the imprimatur of
Congress. Pardon is normally
extended to an individual while
amnesty is extended to group of
individuals who have committed
crimes against the state.
PARDONING POWER (ART. VII,
SEC. 19, ART. IX, C, SEC. 5)
Pardon distinguished from amnesty
Barrioquinto v. Fernandez, 82 Phil. 642
(1949): The right to the benefits of
amnesty, once established by the
evidence presented either by the
complainant or prosecution, or by the
defense, cannot be waived. It is of
public interest that a person who is
regarded by the Amnesty Proclamation
which has the force of a law, and he is
deemed innocent of all the charges.
PARDONING POWER (ART. VII, SEC.
19, ART. IX, C, SEC. 5)
Effect of Pardon
Cristobal v. Labrador, 71 Phil. 34 (1940):
If it is absolute pardon, one is restored
to his full civil and political rights.
Pelobello v. Palatino, 72 Phil. 441 (1941):
In the pardon is conditional, the party
cannot avail of the privilege of habeas
corpus as he will be incarcerated at
once if he violates the condition of his
pardon.
PARDONING POWER (ART. VII, SEC.
19, ART. IX, C, SEC. 5)
Effect of Absolute Pardon on Qualification
to seek Public Office
RisosVidal v. COMELEC: Presidential
pardon unless qualified restores a person
to his full civil and political rights.
Revocation of Pardon
In Re: Wilfredo S. Torres, 2 SCRA 109:
Since pardon is a an act of grace, the
same may be revoked if the party shows
that he does not deserve the same
because he has not reformed himself.
DIPLOMATIC POWER
Treaty making power (Art. VII, Sec.
21)
Treaty distinguished from
executive agreements
Arthur Lim et al v. Executive
Secretary G.R. No. 131445, April
11, 2002: A party who does not
any legal standing cannot
question the constitutionality of
the Visiting Forces Agreement.
DIPLOMATIC POWER
Please not that the Court has, in a prior
case, made a distinction between an
Executive Agreement and a Treaty. A
treaty requires the ratification of the
Senate while an Executive Agreement
does not. The VFA is considered
supplemental to the Mutual Defense
Treaty executed by the Philippine
government and the U.S. government
and ratified by both the U.S. Senate and
the Philippine Senate prior to the
adoption of the 1987 Constitution.
DEPORTATION OF UNDESIRABLE A LIENS
Harvey et al v. DefensorSantiago, 162
SCRA 1988: Under the theory of
delegation of powers, the
Commissioner of Immigration, after
due hearing, may exclude an alien
and the alien’s liberty may be
restrained by virtue of a Mission
Order signed by the Commissioner.
DEPORTATION OF UNDESIRABLE ALIENS
The Board of Commissioners v. Jung
Keun Park, G.R. No. 159835: In
deportation proceedings, there is no
violation of due process when the
alien is excluded where the charge is
overstaying or expiration of his
passport, including the cancellation
of passport. Full blown hearing is not
required.
CONTRACTING FOREIGN LOANS
Contracting and guaranteeing
foreign loans (Art. VII, Sec. 20,
Art. XII, Sec. 21, R. A. No. 4860)
POWERS RELATIVE TO
APPROPRIATION MEASURES
Address Congress (Art. VII,
Sec.23): State of the Nation
Address
Preparation and submission of the
budget (Art. VII)
Refer to S.C. Rulings on: Demetria
v. Alba, supra; Belgica v. Ochoa,
supra; Araullo v. Ochoa
POWERS RELATIVE TO APPROPRIATION
MEASURES
Veto Powers
Veto power (Art. VII, Sec. 27)
Line veto in specific provisions of
a law; veto due to constitutional
grounds
Effect of inaction for 30 days over
a bill submitted for approval
DELEGATED POWERS
Emergency power (Art. VI, Sec. 23
(2))
Fixing of tariff rates (Art. VI, Sec.28
(2))
RESIDUAL POWERS
Residual Powers of the President:
"Whatever is not judicial, whatever
is not legislative, is residual power
exercised by the President."
Residual powers of the president
include things that are considered
to be outside of the office's usual
realm. This includes things like
having criminal immunity while in
office.
EXECUTIVE PRIVILEGE
Executive Privilege is the constitutional
principle that permits the president and
highlevel executive branch officers to
withhold information from Congress, the
courts, and ultimately the public.
There are generally four areas that an
executive branch claim of privilege is
based: 1) presidential communications
privilege; 2) deliberative proces1s
privilege; 3) national security, foreign
relations or military affairs, and 4) an
ongoing law enforcement investigation.
SUCCESSION (ART. VII, SEC.9)
1. In case of vacancy at the
beginning of term (Art. VII, Sec. 7
and Sec. 10)
2. In case of vacancy during term
(Art. VII, Sec. 8 and Sec. 10)
3. In case of temporary disability
(Art. VII, Sections 1112)
REMOVAL (ART. XI, SECTIONS 23)
Read provisions on the process of
impeachment: HOR “impeaches”;
Senate “removes by finding the
impeachable officer culpable.”
Republic v. Sereno (June 2018): An
impeachable officer may be
removed through quo warranto
proceedings.