Consti 1 (Pamis) PDF
Consti 1 (Pamis) PDF
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CONSTITUTIONAL LAW I REVIEWER: • November 30, 1972 – PD # 73 “submitting to the Filipino
people for ratification or rejection the Constitution of the
Constitution: a written instrument by which the fundamental Republic of the Philippines proposed by the 1971
powers of government are established, limited, and defined, and by Constitutional Convention”
which these powers are distributed among several departments, for • January 17, 1973 – The President has announced, through
their more safe and useful exercise, for the benefit of the body Proclamation number 1102, that the proposed Constitution
politic. has been ratified by an overwhelming vote of the members
Constitutional Law: a body of rules resulting from the interpretation of the Citizens Assemblies.
by a high court of a written constitutional instrument in the course
of disposing of cases in which the validity, in relation to the • March 31, 1973 – The Supreme Court (divided) ruled that
constitutional instrument, of some act of governmental power… the Constitution has now been considered in force and has
has been challenged. taken effect.
• 1976 – the 1973 Constitution ahs been amended to provide
Classification of constitutions based on the extent to which for an interim Batasang Pambansa to replace the interim
constitutions are observed as norms of governmental action: national assembly
1. normative constitution – its norms direct governmental • 1981 – Constitution was revised to a modified version of
action, and governments habitually adjusts its actions to the presidentialism
norms. • February 1986 – has ended the 1973 Constitution through a
revolution. Cory is now president which is in defiance of the
2. nominal constitution – it is a constitution which cannot yet
1973 Constitution
be fully operative because of existing socio-economic
conditions. It’s principal value is educational which points • March 25, 1986 – Proclamation number 3 – Freedom
towards the mature state to which a fledging polity must Constitution
grow. • June 2, 1986 – a new constitutional commission convened
and has completed its work on October 15, 1986
3. semantic constitution – The primary purpose of a
constitution is to limit power and the semantic constitution • February 2, 1986 – approved by a plebiscite and the 1987
does the opposite. It is a tool for the perpetuation of power Constitution has been approved and it has taken effect the
in the hands of power holders. same day.
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Function: it sets down the origin, scope, and purpose of the over which the Philippines has sovereignty or jurisdiction,
Constitution, it is useful as an aid in ascertaining the meaning of consisting of its terrestrial, fluvial, and aerial domains, including its
ambiguous provisions in the body of the constitution. It is a source territorial sea, the seabed, the subsoil, the insular shelves, and
of light. other submarine areas. The waters around, between, and
connecting the islands of the archipelago, regardless of their
Origin / authorship: the will of the “sovereign Filipino people” breadth and dimensions, form part of the internal waters of the
Philippines.
Scope and purpose: to build a just and humane society and to
establish a government that shall embody our ideals and Importance of defining territory:
aspirations, promote the common good, conserve and develop our • 1935: To prevent the United States from dismembering
patrimony, and secure to ourselves and our posterity the blessings the Philippines. The acceptance of the Constitution by
of independence and democracy under the rule of law and a regime the US President would oblige his government to
of truth, justice, freedom, love, equality, and peace. preserve the territorial integrity of the Philippines as
defined in the constitution.
Use of words: • 1973: Adherence to the archipelagic principle
a. We – first person; stresses the active and sovereign role of the • 1986: Educational value; apprehension that absence of
Filipino people as author of the Constitution. In the 1935 this provision would be difficult to explain.
constitution, “the Filipino people” was used denoting that another
power was merely announcing that the Filipinos were finally being Constitution is municipal law and binds only the nation
allowed to promulgate a constitution. promulgating it. Will not be binding internationally unless
b. Almighty God – more personal and more consonant with supported by international law.
personalist Filipino religiosity
c. common good – projects the idea of a social order that enables Scope of national territory:
every citizen to attain his or her fullest development economically, • Archipelago
politically, culturally, and spiritually. Versus “general welfare” • All other territories over which the Phils has sovereignty
because it denotes the greatest good for the greatest number or jurisdiction
d. equality – major problem in the RP society if the prevalence of
• Territorial sea, seabed, subsoil, and other submarine
gross economic and political inequalities
areas of (1) and (2)
e. love – as a monument to the love that prevented bloodshed in
the February revolution • Terrestrial, fluvial and aerial domains of (1) and (2)
f. truth – as a protest against the deception which characterized the
Marcos regime What: Archipelago is a body of water studded with islands.
g. peace – the fruit of the convergence of truth, justice, freedom,
and love. Where: Philippine archipelago delineated by Treaty of Paris
h. rule of law – expresses the concept that government officials (as modified by Treaty of Washington and Treaty with Great
have only the authority given them by law and defined by law, and Britain)
that such authority continues only with the consent of the people.
All other territories includes any territory which presently
belongs to the Phils or might in the future belong to the
ARTICLE I
Phils through any of the internationally accepted modes of
National Territory
acquiring territory.
The national territory comprises the Philippine archipelago, with all
the islands and waters embraced therein, and all other territories
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Exercising jurisdiction refers to Batanes Islands, which lies Section 1. The Philippines is a democratic and republican
outside lines drawn by Treaty of Paris. This also includes State. Sovereignty resides in the people and all government
Sabah, Marianas, Freedomland. authority emanates from them.
Neither claims nor disregards Sabah, but asserts a legal State: Community of persons more or less numerous, permanently
situation in which Sabah can have a place in Phil territory occupying a definite portion of territory, independent of external
depending on outcome of current dispute. control, and possession an organized government to which the
great body of inhabitants render habitual obedience.
Elements of Archipelagic principle:
• Claim on internal waters irrespective of breadth and 4 elements of a state:
dimension • PEOPLE: community of persons sufficient in number and
• Straight baseline method of delineating territorial sea capable of maintaining the continued existence of the
community and held together by a common bond of law
Conflict between UNCLOS and Consti: • TERRITORY
• What Consti calls Internal Waters are archipelagic • SOVEREIGNTY: property of a state-force due to which it has the
waters in UNCLOS. No right of innocent passage exclusive capacity of legal self-determination and self-
through internal waters. restriction (Jellinek). Legal sovereignty is the supreme power to
• UNCLOS limits straight baselines to 125 nautical miles. make law which is lodged in the people. Political sovereignty is
Some of the lines drawn by Republic Acts extend beyond the sum total of all the influences in a state, legal and non-
125 mi. legal, which determine the course of law.
When RP ratified UNCLOS, it added a declaration that the • GOVERNMENT: that institution by which an independent society
signing shall not impair sovereign rights arising from the makes and carries out those rules of action which are necessary
Constitution. to enable men to live in a social state, which are imposed upon
the people forming the society by those who possess the power
or authority of prescribing them. Includes legislative, executive
ARTICLE II and judicial branches and local governments but excludes
Declaration of Principles and State Policies government entities which are given a corporate personality
separate and distinct from the government.
Statement of the basic ideological principles and policies that
underlie the constitution. Provisions shed light on the meaning of State (legal concept) and Nation (ethnic concept) used
other provisions of the Constitution. Guide for all departments of interchangeably
government in the implementation of the Constitution.
• Principles: binding rules that must be observed in the conduct Republican state: all government authority emanates from the
of government people and is exercised by representatives chosen by the people.
• Policies: guidelines for the orientation of the state.
distinction is of little significance because not all principles are Democratic state: reference to aspects of direct democracy such as
self-executory and some of the policies already anchor justiciable initiative and referendum. Also a monument to 1986 revolution that
rights. re-won freedom through direct action of the people.
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Nature and Functions of Government: Administration: distinguished from government, is defined as the
Constituent: compulsory functions which constitute the very bonds aggregate of persons in shoes hands the reins of government are
of society. for the time being.
(1) Keeping of order and providing for the protection of persons
and property from violence and robbery Sovereignty:
(2) Fixing of the legal relations between man and wife and between People vs. Gozo
parents and children Issue: WoN a building permit is needed to construct a house inside
(3) Regulation of property and determination of its liabilities for an American base
debt or for crime Held: Permit is necessary. RP has not abdicated sovereignty over
(4) Definition and punishment of crime the bases or divested itself completely of all jurisdiction over
(5) Administration of justice in civil cases offenses committed therein. US government has preferential or
(6) Determination of political duties, privileges, and relations of prior but not exclusive jurisdiction.
citizens
(7) Dealings of the state with foreign powers. Governments de jure and de facto
(8) Dealings of the state with foreign powers; the preservation of Co Kim Cham vs. Valdez Tan Keh
the state from external dandier or encroachment and the All acts and proceedings of the legislative, executive and judicial
advancement of its international interest. departments of a de facto government are good and valid.
Ministrant: optional functions of government intended for achieving
a better life for the community. The determination of whether or Issue: WoN governments established during the Japanese military
not a government should exercise certain of these functions are: occupations were de facto governments.
(1) That a government should do for the public welfare those things
which private capital would not naturally undertake Held: Actions not of a political complexion were good and valid and
(2) That a government should do those things which by its very by postliminy remained good and valid after liberation.
nature it is better equipped to administer for the public welfare
than is any private individual or group of individuals. Kinds of de facto governments:
Bacani vs. NACOCO (1) Government that gets possession and control of, or usurps, by
Issue: Whether NACOCO was part of the government or not force or by the voice of the majority, the rightful legal
Held: Because NACOCO was a corporation with personality distinct government, and maintains itself against the will of the latter
from the government, it was clearly not part of the government and (England under Commonwealth)
could not therefore claim the privileges that flow from sovereignty. (2) Established and maintained by military forces who invade and
occupy a territory of the enemy in the course of war, and which
ACCFA vs. CUGCO is denominated a government of paramount force (Maine,
Issue: characterization of the functions of a government agency Tampico Mexico)
charged with implementation of the land reform program. (3) Established as an independent government by the inhabitants
Held: Function may not strictly be constituent, but the compelling of a country who rise in insurrection against a parent state
urgency with which the Constitution speaks of social justice does (Southern Confederacy)
not leave any doubt that land reform in not an optional but a
compulsory function of government In re Letter of Associate Justice Puno
Ratio: Enumeration of specific government functions under these Cory government under Freedom Constitution: DE JURE because it
headings cannot be static. Enumeration is unrealistic for current was established by authority of the legitimate sovereign, the
times. people
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Cory government was a revolutionary government bound by no (1) Existence of representative or parliamentary institutions
constitution or legal limitations except treaty obligations that the in a state does not mean that government is of the
revolutionary government, as the DE JURE government in the parliamentary form
Philippines, assumed under international law. (2) Parliamentary government is not identical with cabinet
government
Patterns of Government (3) To be qualified as parliamentary, the governmental
(1) Direct democracy: If the people, organized as the electorate, structure must possess certain features common to all
are the preponderant power holder its variants and not found in any other pattern of
(2) Assembly government: Parliament, as the representation of the government.
people, is the ascendant power holder • Attempt to establish between two independent and separate
(3) Parliamentarism: Equilibrium between the independent power power holders (assembly and government) such an equilibrium
holders, parliament and government, is attempted by that neither one can gain ascendancy over the other.
integrating the latter into the former. Interdependence by • 2 power holders share in policy decision and policy execution by
integration. legislation. Also in policy control by reciprocal constraints and
• French type: Supremacy of assembly over mutual controls
government • Ideal type is complete equilibrium between the 2, subject to
• British type: Ascendancy of cabinet over parliament periodical political reorientation by the verdict of the electorate,
(4) Presidentialism: government and parliament are kept separated each of them endowed with restraining and controlling powers
but are constitutionally obliged to corporate for the formation of symmetrically matching those of the other power holder.
the will of the state. Interdependence by coordination. Also • Structural elements common to all variants of genuine
known as “separation of powers” parliamentary government:
(5) Directory government: Collegiate structure of the government (1) Members of government or cabinet are simultaneously
power holder. (Swiss) members of the parliament
(2) Government or cabinet consists of the political leaders of
Assembly Government the majority party or coalition. Cabinet is a committee
• Most discredited because when it made its first appearance in of the assembly, fused and integrated with it.
revolutionary France it was held responsible for dictatorship and (3) Government-cabinet has pyramidal structure with prime
terror minister as recognized leader. Prime minister exercises
• Standard pattern of Communist government undisputed supremacy over his ministerial colleagues
• Legislative assembly, popularly elected, holds undisputed (4) Government remains in power as long as it commands
supremacy over all other state organs, subject only to the the support of the majority of parliament. Power is lost
sovereign electorate renewing it at regularly recurrent intervals. by withdrawal of support or results of elections changing
• Executive is servant of the assembly, appointed and dismissed majority party.
at the assembly’s discretion. (5) Policy decision is shared by government and the
• Autonomy and power monopoly of assembly parliament.
(6) Crux is in policy control: Parliamnetarism must be
Parliamnetarism (French model) operated by reciprocal control devices at the disposal of
• Most common pattern of constitutional-democratic government both power holders. (Dissolution and vote of non-
today. confidence)
• Generic term with widely divergent applications; 3 points to be
Cabinet government (English Model)
noted
• Undisputed ascendancy of the government (PM and Cabinet)
over the parliament.
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• Main features: (2) Right of a country to establish military commissions to
(1) Predicated on existence of 2 alternating parties try war criminals
possession even chances in the long run of becoming (3) Vienna Convention on Road Signs and Signals
the majority party at the general elections. No (4) Duty to protect embassies and legations
proportional representation, population shifts are
remedied by a periodical redistribution of seats. Affirmation of amity does not mean automatic diplomatic
(2) Cabinet is a relatively small committee, composed of he recognition of all nations. Amity with all nations is an ideal to be
leaders of the majority party. All must be members of aimed at. Diplomatic recognition remains a matter of executive
parliament discretion.
(3) Official leader of the majority winning the general
elections is prime minister designate who chooses Principles of international law vs Statute
members of cabinet at his discretion. Monopolizes policy • Whichever is passed later prevails
determination. • International law has same weight as statute
(4) Parliament is granted degree of participation in the
policy execution by legislation that the prevailing
political climate demands. Section 3. Civilian authority is, at all times, supreme over
(5) Policy control is vested in parliament and electorate. the military. The Armed Forces of the Philippines is the
(Question time) protector of the people and the State. Its goal is to secure
(6) Party discipline is key the sovereignty of the State and the integrity of the
national territory.
Presidentialism
• Separation of functions/ Separated and coordinated • Civilian supremacy clause: civilian authority is supreme
functions • Mark of sovereignty clause: Military as guardian of the people,
integrity of the national territory and ultimately of the majesty
Free Telephone Workers Union vs. Minister of Labor of the law.
FM’s government under the 1973 Consti had distinguishing marks • Expression of disapproval of military abuses
of presidential form: • Section 3 is capsule description of the vocation of a soldier
(1) Separation of powers
(2) Preeminence of the President over Prime Minister Section 4. The prime duty of the Government is to serve
and protect the people. The Government may call upon the
Section 2. The Philippines renounces war as an instrument people to defend the State and, in the fulfillment thereof,
of national policy, adopts the generally accepted principles all citizens may be required, under conditions provided by
of international law as part of the law of the land and law, to render personal military or civil service.
adheres to the policy of peace, equality, justice, freedom,
cooperation, and amity with all nations. • Defense of state is no longer prime duty of government.
• Provisions in 1935 and 1973 led to interpretations that
• Renounces aggressive not defensive war justified a national security state offensive to the people
• Present version places emphasis on service to and protection
Adoption of generally accepted principles depends on
of the people
jurisprudential development
(1) Right of an alien to be released on bail while awaiting • Under conditions provided by law emphasizes primacy of
deportation when his failure to leave the country is due serving the interest of the people and protecting their rights
to the fact that no country will accept him even when there is need to defend the state.
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independence of the nation and free the people from
Section 5. The maintenance of peace and order, the poverty through policies that provide adequate social
protection of life, liberty, and property, and the promotion services, promote full employment, a rising standard of
of the general welfare are essential for the enjoyment by all living, and an improved quality of life for all.
the people of the blessings of democracy.
Section 10. The State shall promote social justice in all
• Refers to the constituent function of government phases of national development.
Section 6. The separation of Church and State shall be • Underlying premises: poverty and gross inequality are major
inviolable. problems besetting the nation and that these problems
assault the dignity of the human person
• Social justice: equalization of political, economic and social
State Policies opportunities with emphasis on the duty of the state to tilt the
balance of social forces by favoring the disadvantaged in life.
State policies are not laws, but exhortations on government. • 1935: justice for the common tao; 1973: those who have more
in life should have more in law
Section 7. The State shall pursue an independent foreign • Provision has been instrumental in the socialization of the
policy. In its relations with other states the paramount attitude of jurisprudence to property rights, thus eradicating
consideration shall be national sovereignty, territorial laissez faire.
integrity, national interest, and the right to self-
determination. Section 11. The State values the dignity of every human
person and guarantees full respect for human rights.
Section 14. The State recognizes the role of women in Section 19. The State shall develop a self-reliant and
nation-building, and shall ensure the fundamental equality independent national economy effectively controlled by
before the law of women and men. Filipinos.
• Does not repeal inequalities found in the Civil Code and • Guide to interpreting provisions on the national economy and
jurisprudence patrimony. Any doubt must be resolved in favor of self-
• Gives impetus to removal through statutes of existing reliance and independence and in favor of Filipinos
inequalities
• General idea is for the law to ignore sex when it is not a Garcia vs. BOI
relevant factor in determining rights and duties Issue: Approval of transfer of site of petrochemical plant from
• Not meant to ignore customs and traditions Bataan to Batangas
Held: Overturned transfer and declared petrochemical industry
Section 15. The State shall protect and promote the right essential to national interest
to health of the people and instill health consciousness
among them. Section 20. The State recognizes the indispensable role of
the private sector, encourages private enterprise, and
Section 16. The State shall protect and advance the right provides incentives to needed investments.
of the people to a balanced and healthful ecology in accord
with the rhythm and harmony of nature. Marine Radio Communications Association vs. Reyes
Sec. 20 is no more that an acknowledgement of he importance of
• Provides an enforceable right private initiative in building the nation. Not a call of official
abdication of duty to citizenry.
Oposa vs. Factoran
Recognized Sec. 16 as conferring standing on minors to challenge Section 21. The State shall promote comprehensive rural
the logging policies of the government development and agrarian reform.
Accepted concepts of inter-generational responsibility and justice
Comprehensive rural development encompasses a broad spectrum
LLDA vs. Court of Appeals of social, economic, human, cultural, political and even industrial
Upheld authority of LLDA to protect he inhabitants of the Laguna development.
Lake area from pollution. Rejected local autonomy claim of local
governments in the area. Section 22. The State recognizes and promotes the rights of
indigenous cultural communities within the framework of national
Section 17. The State shall give priority to education, unity and development.
science and technology, arts, culture, and sports to foster
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Section 23. The State shall encourage non-governmental, 3. careful study of legislation
community- based, or sectoral organizations that promote 4. more independent of Executive branch
the welfare of the nation.
Advantages of unicameralism:
Section 24. The State recognizes the vital role of communication 1. simple and economic
and information in nation-building. 2. closer link to public because all members have a district
Section 25. The State shall ensure the autonomy of local >Bicameralism won over unicameralism by 1 vote in the
governments. Convention
Section 27. The State shall maintain honesty and integrity Limits on Legislative power:
in the public service and take positive and effective Substantive: limit contents of a law
measures against graft and corruption. Procedural: limit manner of passing laws
Section 28. Subject to reasonable conditions prescribed by >Plenary: Congress may legislate on any subject matter provided
law, the State adopts and implements a policy of full public that substantive and procedural limits in the Constitution are
disclosure of all its transactions involving public interest. observed
>Congress may not pass irrepealable laws because this will limit
ARTICLE 6: LEGISLATIVE DEPARTMENT the plenary power of future legislatures.
Section 1: Legislative power >Due to plenary power, legislative power cannot be delegated.
Legislative power is vested in the Congress of the
Philippines Despite non-delegatability of legislative power, many statutes have
Consisting of a Senate and a House of Representatives been passed creating administrative agencies and authorizing
Except to the extent reserved to the People through them to exercise vast regulatory powers. The rules and regulations
initiative and referendum they issue have the force of law.
2 theories that justify this:
Legislative power is the authority to make laws and to alter or 1. A non-legislative body may be authorized to fill in the details
repeal them. of a statute.
2. Congress may pass contingent legislation, which leaves to
Advantages of bicameralism: another body the business of ascertaining the facts
1. senate as training ground for national leaders necessary to bring the law into actual operation.
2. senate has national perspective, house has municipal
perspective Requirements of delegating law:
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1. Law must be complete in itself (contain policy to be Free Telephone Workers Union v. Minister of Labor
implemented) Issue: Does authority conferred on Minister of Labor partake of
2. Law must fix a sufficient standard for to which the delegate legislative power? (authority to assume jurisdiction over labor
must conform to. disputes and decide on them)
Held: No. SC had more liberal approach to interpretation of non-
Compania General de Tabacos de Filipinas v. Board of delegatablity of legislative power. Power should be delegated when
Public Utility Commissioners task cannot be performed by legislature because issues are highly
“The true distinction is between the delegation of power to make technical or require continuous decision.
the law, which necessarily involves a discretion as to what it shall
be, and conferring authority or discretion as to its execution, to be Cebu Oxygen & Acetylene Co v. Secretary Drilon
exercised under and in pursuance of a law. The first cannot be Issue: Can implementing orders of the DOLE provide for
done; to the latter no valid objection can be made. prohibitions not included in the law it is implementing?
Held: Administrative regulations should be in harmony with the
Tatad v. Secretary of Energy provisions of the law, and cannot amend or add to the law.
Issue: Is delegation of legislative power to the President and
Secretary of Energy valid? Did Congress provide a determinate or People v. Dacuycuy
determinable standard to guide the Executive branch in Issue: Can a judge impose a punishment if law does not provide a
determining when to implement the full deregulation of the standard (law provided for an fixed fine or imprisonment as
downstream oil industry? penalty. No term for imprisonment was stated)
Held: YES. Oil deregulation law passed both the completeness and Held: NO. The penalty of imprisonment in this case is
sufficient standard tests. Delegation of legislative power has unconstitutional because the lack of a standard allows the judge to
become an inevitability in the light of the increasing complexity of legislate.
the task of government. Thus, courts will bend as far back as
possible to sustain the constitutionality of laws which are assailed Chiongbian v. Orbos
as unduly delegating legislative powers. Issue: May the President merge existing regions not included in the
ARMM Act?
Eastern Shipping Lines v POEA Held: YES. The President is granted these powers by other laws,
Issue: Does POEA resolution violate non-delegatablity of legislative within limits set by Congress.
power?
Held: NO. Administrative bodies may implement the broad policies Employees Confederation v. National Wages Commission
of a statute by issuing supplementary and implementing Issue: Is NWC allowed to fix minimum wage?
regulations as long as the law provides a sufficient standard. There Held: YES. Congress delegated this power to the NWC, within the
is a valid delegation of power if the law passes the completeness limits set by law and the Constitution.
test and the sufficient standard test.
Solicitor General v. Metro Manila Authority
Tablarin v Gutierrez Issue: Can MMA confiscate license plates, if this was not one of the
Issue: Does standard have to be written as part of the law? sanctions included in the law?
Held: Standard may be expressed or implied from policy and Held: NO. The MMA cannot impose sanctions that the law does not
purpose of the act considered as a whole. allow and in fact actually prohibits.
Penal rules:
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Rules and regulations promulgated by administrative agencies Section 3: Qualifications
pursuant to a valid delegating law have the force of law and Natural born citizen
violation may be punished as a penal offense. 35 years old on the day of the election
Necessary that violation be made a crime and penalty provided by Able to read and write
the statute itself. Regulation must also be published. Registered voter
Resident of the Philippines for not less than 2 years
Exceptions: immediately preceding the day of the election
1. Local legislatures may be given executive power and vv.
2. Congress may delegate legislative power to the President in Age qualification must be possessed on the day the votes are cast,
times of war and other national emergency. and not on the day of proclamation.
3. Legislative power exercised by the people through initiative Residence refers to domicile. Senator does not have to be
and referendum physically present in the Philippines.
“As may be provided by law” refers to the manner of electing (2) Party list representatives
Senators. 20% of the total number of representatives including those
under the party list
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For 3 terms after the ratification of the Constitution, half of Mariano Jr v. COMELEC
these seats will be filled, as provided by law, by selection or Issue: Is law that created Makati City unconstitutional because it
election from the labor, peasant, urban poor, indigenous increased Makati’s legislative districts even if total population is
cultural communities, women, youth, and other sectors as only 450,000?
may be provided by law, except for the religious sector. Held: Cities with a population of 250,000 can have at least 1
representative.
(3) Each legislative district shall comprise, as far as
practical, Montejo v COMELEC
contiguous, compact, and adjacent territory. Issue: Can COMELEC move municipalities from one district to
Each city with a population of at least 250,000 and each another?
province shall have at least 1 representative Held: NO. By the Ordinance appended to the 1987 Constitution,
COMELEC has the power to make minor adjustments to the
(4) Within 3 years following the return of every census, reapportionment of districts. COMELEC may adjust the members
Congress will reapportion legislative districts based on the apportioned to a province out of which a new one was created. It
standards provided in this section. cannot transfer one municipality from the district it is located in.
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Section 6: Qualifications Romualdez-Marcos v. COMELEC
Natural-born citizen of the Philippines Issue: Did Imelda satisfy residence requirement to run for
25 years old on day of election representative of the First District of Leyte?
Able to read and write Held: YES. Leyte had been her domicile of origin and that in all her
Registered voter in the district life she had never lost it.
Resident of the district for not less than 1 year before the If a person retains his domicile of origin, 1 year period is irrelevant
election because, by legal fiction, (wherever he may be) he is a resident of
(Party list representatives exempt form residency his domicile of origin.
requirement) If a person re-establishes a previously abandoned domicile or
acquires a new one, the 1 year requirement must be satisfied.
Natural-born citizen:
those who are citizens of the Philippines from birth without having Aquino v. COMELEC
to perform any act to acquire or perfect their Philippine citizenship. Issue: Did Aquino acquire new domicile in Makati?
Held: NO. Aquino had not abandoned his Tarlac domicle. Even if
Co v. HRET he had, he had not fulfilled the 1 year requirement for Makati.
Issue: Is Co a natural-born citizen? (Mom was Filipino, Dad Chinese
who gained Filipino citizenship when Co was 9 years old) Domino v COMELEC
Held: YES. Based on the Constitution, children of Filipino mothers Issue: Did Domino acquire new domicile in Sarangani?
who elect Filipino citizenship shall be deemed natural-born. Held: NO. Lease of house and 1 year residency not sufficient. To
establish a new domicile of choice, personal presence must be
Bengzon v. Cruz coupled with conduct indicative of htat intention. Declared and
A Natural-born citizen who loses his citizenship by naturalization in probable intent to make it one’s home. Lease contract did not show
another country but is later repatriated recovers his status of being permanency. Also, he registered as a voter in his old barangay in
a natural-born citizen and therefore is qualified to be a member of QC.
Congress.
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Dimaporo’s tenure was shortened based on his filing of candidacy Office and travel allowances do not form part of the salary or
for the position of Governor of the ARMM. compensation; increases can take effect immediately. There is no
SC held the law seeks to ensure that public officials serve out their legal limit to these amounts. The only limit is moral.
term by discouraging them from running for another office.
Section 11:
Section 8: Election While Congress is in session,
Unless otherwise provided by law, the regular election of A senator or congressman is immune from arrest for all
the Senators and the Members of the House of offenses punishable by not more than 6 years
Representatives is on the second Monday of May. imprisonment.
No member can be questioned or held liable in any other
place
Codilla v. De Venecia For any speech or debate in the Congress or in any of its
When the majority speaks and elects into office a candidate by committees
giving him the highest number of votes cast in the election for the
office, no one can be declared elected in his place. Recess: only at the end of session or long holidays
Evenings and weekends not counted as recess
Section 9: Special Election
In case of vacancy in the Senate or in the House of Immunity from arrest is to protect legislator from harassment that
Representatives, will keep him away from legislative sessions.
A special election may be called to fill such a vacancy in the
manner prescribed by law People v. Jalosjos
Person thus elected will serve only for the unexpired term Members of Congress are not exempt from detention for crime.
They may be arrested for crimes punishable by more than 6 years
Tolentino v COMELEC imprisonment, even while Congress is in session. There is no basis
Issue: Validity of special election to elect a Senator to serve the for treating them differently from other prisoners.
unexpired term of Sec. Guingona?
Held: Special election is valid based on RA 6645 “In case a vacancy Privilege of speech
arises in the Senate at least 18 months OR in the House of
Representatives at least 1 year before the next regular election for Protection against forums other than Congress itself.
Members of Congress, the COMELEC, upon receipt of a resolution of Members still subject to disciplinary measures of Congress.
the House/Senate certifying that the vacancy exists and calling for Absolute protection against suits for libel
a special election, shall hold a special election to fill such vacancy”
Includes utterances made in the performance of official functions.
Section 10: Salaries and Compensation It is not necessary that Congress be in session. What is essential is
Salaries of Senators and Members of the House of that the utterance must constitute legislative action. This privilege
Representatives is determined by law. extends to agents of the Members, provided that they assist the
No increase will take effect until after the expiration of the legislator in the performance of legislative action (Gravel v. US)
full term of all the members of the Senate and House of
Representatives who approved such increase.
Jimenez v Cabangbang
This provision is a legal bar to the legislators yielding to the natural Issue: Can a Congressman be charged for libel based on an open
temptation to increase their salaries. letter published in newspapers?
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Held: YES. Communication is not absolutely privileged. granted by the government, agency, subdivision,
Congressmen can be charged for acts done outside their official instrumentality including government-owned or controlled
duty. corporations, or its subsidiary during his term of office.
He should not intervene in any matter before any office of
Antonino v. Valencia the government for his pecuniary benefit or where he may
Charges made by a Senator with Senate Committees covered by be called upon to act on account of his office.
privilege of speech.
Puyat v. De Guzman
An Assemblyman cannot act as counsel, or intervene in a
Section 12: Full disclosure government proceeding by buying shares in the shares in a
All members of the Senate and the House of company.
Representatives will, upon their assumption of office, make
a full disclosure of their financial and business interests. Pecuniary benefit may be direct or indirect, prohibition covers
They must notify the house concerned of a potential conflict benefit for relatives.
of interest that may arise from the filing of a proposed
legislation of which they are authors. Section 15: Sessions of Congress
Convene every year on the 4th Monday of July for its regular
Does not prevent legislator from filing self-benefiting legislation. session, unless a different date is fixed by law.
This only requires him to inform the House of the conflict. Session will continue for such as number of days as it may
determine
Until 30 days before the opening of its next regular session,
Section 13: Other Offices exclusive of Saturdays, Sundays, and legal holidays.
No Senator or Member of the House of Representatives may The President may call a special session at any time.
hold any other office or employment in the government, or
any subdivision, agency or instrumentality thereof, Section 15: Election of Leaders
including government owned and controlled corporations or (1)The Senate shall elect its President, and the House of
their subsidiaries, Representative its Speaker
During his term without forfeiting his seat. By majority vote of all its respective members
Neither can he be appointed to any office which may have Each house shall choose such other officers as it may deem
been created or the emoluments thereof increased during necessary.
his term.
(2) A majority of each house shall constitute a quorum to do
He may be appointed after his term ends. business
He must resign his seat in order to accept another position in but a smaller number may adjourn from day to day
government. The house may compel attendance of absent members in
the manner and under penalties it may provide.
Section 14: Counsel/Financial interest
No Senator or Member of the House of Representatives may (3) Each house determines the rules of its proceedings,
personally appear as counsel before any court of justice, punishes its members for disorderly conduct, and with the
electoral tribunal, quasi-judicial, or other administrative concurrence of 2/3 of all its members, suspend or expel a
body. member. A penalty of suspension shall not exceed 60 days.
He should not, directly or indirectly, be interested
financially in any contract, franchise, special privilege
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(4) Each house shall keep a journal of its proceedings, and committed a violation of the Constitution or gravely abused their
from time to time publish the same discretion in the exercise of their functions and prerogatives”
Except such parts that, in its judgment, affect national
security.
The Yeas and Nays on any question shall, at the request of Internal discipline
1/5 of the members present, be entered into the journal.
Each house shall also keep a record of its proceedings. Osmena v Pendatun
The house is the judge of what constitutes disorderly behavior and
(5) Neither house during the sessions of the congress shall, can subject its members to disciplinary action.
without the consent of the other, adjourn for more than 3
days, nor to any other place than that in which the 2 houses Paredes Jr. v Sandiganbayan
shall be sitting. Issue: Can the Sandiganbayan order the preventive suspension of a
Congressman due to acts committed before his term?
Record: verbatim notes of discussion Held: Section 16 only provides immunity for acts committed as a
Journal: summary of proceedings member of Congress.
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1. insure publicity to the proceedings of the legislature, ad a to “statutory contests in which the contestant seeks not only to
correspondent responsibility of members to their oust the intruder, but also to have himself inducted into office”
constitutents In cases where no defeated candidate challenges the winner, the
2. provide proof of what actually happened in the legislature legislative body itself in the exercise of its inherent right of
preservation, may inquire into the credentials of the member and
Section 17: Electoral Tribunal judge his qualifications.
The Senate and the House of Representatives shall each
have an Electoral Tribunal Sanchez v. COMELEC
Which shall be the sole judge of all contests relating to the Pre-proclamation controversies should be summarily decided,
election, returns and qualifications of their respective consistent with the law’s desire that canvass and proclamation be
members. as quick as possible. COMELEC has jurisdiction only over
Each electoral tribunal shall be composed of 9 members: 3 incomplete returns, returns with material defects, tampered
Justices of the SC (to be designated by the CJ) and 6 returns, or returns with discrepancies credited to any candidate
members of the House who shall be chosen on the basis of which will affect the results. All other questions should be brought
proportional representation from the political parties and before the Electoral Tribunal.
the party-list organizations. The senior Justice in the
Electoral Tribunal shall be its chairman. Chavez v. COMELEC
Identical result as Sanchez v COMELEC. No pre-proclamation
Composition reflects the respect for parliamentary sovereignty and controversies were allowed for the election of the President, VP,
the need for legal impartial decisions. Senators, and Representatives except in the case of manifest
ET only gains jurisdiction over a case when a losing party files an errors in the certificate of canvass or election returns. Errors which
election contest, after the proclamation of the winner by the cannot be verified except by opening the ballot boxes are not
COMELEC manifest errors. Proper remedy is recourse to the ET.
Decisions of the ET subject to SC review only if ET in grave abuse of
discretion amounting to lack or excess of jurisdiction. Robles v HRET
Judicial review of decisions or final resolutions of the ET is possible
Pimentel v. HRET only in the exercise of the Court’s extraordinary jurisdiction.
Issue: Can the SC order House to reconfigure the HRET to include
representatives from the party-list organizations? Abbas et al v. Senate Electoral Tribunal
Held: No. Recourse is with the House. Petition does not show that Issue: Can the Electoral Tribunal function if all the Senator-
the House prevented the party-list groups from participating in the members have been disqualified?
election of the members of the HRET and the CA. Held: NO. ET cannot function. No amendment of its rules can allow
the 3 Justices to decide a case.
Angara v Electoral Commission
Electoral Commission may promulgate rules necessary for the Sandoval v HRET
exercise of its exclusive power to judge all election contests. The Issue: Validity of substituted service of summons
Assembly may not interfere with the EC. Held: Summons not valid, Sandoval must be given a chance to
The power of the Assembly to defer the oath-taking of a member defend his seat. HRET must admit his counter-affidavit into the
has been retained. records.
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under the Omnibus Election Code (certificate of candidacy, valid Elected by each house on the basis of proportional
substitution) as the sole judge of election contests. representation
From the political parties or party-list organizations.
Garcia v. Angping Chairman of the Commission shall not vote, except in case
HRET procedures must be strictly followed if they are to obtain of a tie.
their objective: the speedy and orderly determination of the true CA will act on all appointments submitted to it within 30
will of the electorate. Imperative justice requires the proper session days from their submission. The CA shall rule by a
observance of technicalities. majority vote of all its members.
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Ad-interim appointments: made before Congress is not in session. Held: NO. Power of local legislatures is delegated. It is beyond the
Effective immediately but subject to CA review. jurisdiction of the SP to inquire into the compliance with the
Acting appointments: made when Congress is in session. franchise of NORECO II.
Appointees are removable anytime.
Arnault v. Nazareno
>30 day rule is meant to prevent CA from freezing appointments. SC held that the legislative body possessed the contempt power as
>Commission must decide by majority vote. Dissent of 1 member a means of preserving its authority and dignity.
should not block action.
>CA can meet only when Congress is in session. Bengzon, Jr. v. Senate Blue Ribbon Committee
Court ruled that the investigation was not in aid of legislation
Section 20: because the speech of Sen. Enrile contained no suggestion of
The records and books of Congress shall be preserved and contemplated legislation but pointed to the need to determine
open to the public in accordance with law, whether President Aquino’s relatives violated the law. To allow the
Such books shall be audited by the Commission on Audit investigation to continue would violate separation of powers.
which shall publish annually an itemized list of amounts Dissent:
paid to and expenses incurred for each member. Gutierrez – SC is encroaching on power of Congress by prohibiting
them from exercising a constitutionally vested function. The SC has
Petition for mandamus: compel Congress to show records. no power to second-guess the motives of legislators.
Power to commit a witness for contempt ceases to exist upon Appearance of department heads is voluntary. They cannot be
Congress’ final adjournment. compelled to appear; neither may they impose their appearance
upon either House.
Negros Oriental II Electric Cooperative v. Sangguniang Acts of secretaries presumed to be acts of President. executive
Panlungsod privilege
Issue: Can local legislative bodies conduct inquiries in aid of
legislation and compel people to appear? Section 23: War & Emergency Powers
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(1) Congress, by a vote of 2/3 of both houses in joint Only covers increases in the budget of the Executive department.
session assembled, voting separately, shall have the sole Congress may increase the budget of the Legislature and Judiciary.
power to declare the existence of a state of war.
(2) No provision or enactment shall be embraced in the
War: armed hostilities between 2 states general appropriations bill unless it relates specifically to
After declaration of war, conflict is governed by international law some particular appropriation therein. Any such provision
(Geneva Conventions) or enactment shall be limited in its operation to the
“The president was bound to meet war in the shape it presented appropriation to which it relates.
itself, without waiting for Congress to baptize it with a name; and
no name given to it by him or them could change the fact” Rider: provision unrelated to the appropriations bill.
(2) In times of war or other national emergency, Congress (3) The procedure in approving appropriations for Congress
may by law authorize the President for a limited period and shall strictly follow the procedure for approving
subject to such restrictions as it may prescribe, to exercise appropriations for other departments and agencies.
powers necessary and proper to carry out a declared
national policy. (4) A special appropriations bill shall specify the purpose
Unless sooner withdrawn by resolution of congress, such for which it is intended, and shall be supported by funds
power shall cease upon the next adjournment thereof. actually available as certified by the national treasurer, or
to be raised by a corresponding revenue proposal therein.
Exception to non-delegatablity of legislative power.
(5) No law shall be passed authorizing any transfer of
Section 24: Appropriation appropriations; However, the President, President of the
All appropriation, revenue or tariff bills, bills authorizing Senate, Speaker of the House, CJ of the Supreme Court, and
the increase of public debt, bills of local application, and the Heads of Constitutional Commissions may, BY LAW, be
private bills shall originate exclusively in the House of authorized to augment any item in the general
Representatives, but the Senate may propose or concur appropriations law for their respective offices from savings
with amendments. in other items of their respective appropriations.
Rationale: House in closer contact will people; will have clearer (6) Discretionary funds appropriated for particular officials
picture of needs shall be disbursed only for public purposes to be supported
Senate may partially or totally amend bill from House. by appropriate vouchers and subject to such guidelines as
may be prescribed by law.
>The bill must originate from the House. The law which is the
product of the total bicameral legislative process originates not just (7) If, by the end of any fiscal year, the Congress shall have
from the House but from both Senate and House. failed to pass the General Appropriations Bill for the
ensuing fiscal year, the General Appropriations Law for the
Section 25: preceding fiscal year shall be deemed reenacted and shall
(1) Congress may not increase the appropriations remain in force and effect until the General Appropriations
recommended by the President for the operation of the Bill is passed by Congress.
government as specified in the budget. The form, content,
and manner of preparation of the budget shall be
prescribed by law. Garcia v. Mata
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Provisions on Reserve Officers of the AFP contained in the General Title of “Act Creating the Philippine Postal Corporation…”
Appropriations Law are invalid because they violate the provision sufficiently broad to cover removal of franking privileges of the
on riders. “Being unconstitutional, it confers no right and affords no judiciary. But the provision on the removal of franking was
protection”. declared unconstitutional on equal protection grounds.
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receipt thereof; otherwise it shall become a law as if the veto did not include a veto of the appropriated funds
he had signed it. themselves.
- the President shall have the power to veto any
particular item or items in an appropriation, revenue, Section 28
or tariff bill, but the veto shall not affect the items to (1) The rule of taxation shall be uniform and equitable. The
which he does not object. Congress shall evolve a progressive system of taxation
(2) The Congress may, by law, authorize the President to fix
Appropriation bills: Item: Sum of money + purpose within specified limits, and subject to such limitations and
Revenue bills: Item: Subject + rate of tax restrictions as it may impose, tariff rates, import and
>Items must be separable from the rest of the bill. export quotas, tonnage and wharfage dues, and other
duties or imposts within the framework of the national
>For non-money bills, veto must be complete; no line veto development program of the government.
(3) Charitable institutions, churches or convents, mosques,
Conference Committee: extra-constitutional creation of Congress non-profit cemeteries, and all lands, building and
whose function is to propose to Congress ways of reconciling improvements actually, directly and exclusively used for
conflicting versions of a bill. religious, charitable, or educational purposes shall be
exempt from taxation
Commissioner of Internal Revenue v. Court of Tax Appeals >Exemption only from property tax
Issue: Court upheld President’s veto of item in Omnibus tax law >Test is on use: must be actually, directly and exclusively used for
imposing tax on restaurants located in hotels, motels, or rest stated purposes
houses. Item does not refer to the whole section, but only to a (4) No law granting any tax exemption shall be passed
subject and rate of tax. without the concurrence of a majority of all the members of
Congress.
Gonzales v. Macaraig
Marks the SC’s acceptance of “doctrine of inappropriate provisions” Purpose of tax:
or that a provision that is constitutionally inappropriate for an 1. raise revenue
appropriation bill may be singled out for veto even if it is not an 2. instrument of national economic and social policy
appropriation or revenue item. 3. tool for regulation
In this case, the President vetoed provisions in the 1989 and 1990 4. protection of local industry
that stopped her from restoring or increasing appropriations
removed or reduced by Congress. Power to tax exists for the general welfare should be exercised
only for a public purpose
Arroyo et al v De Venecia
What is alleged to have been violated in the passing of RA 8240 Uniform tax
imposing sin taxes are merely internal rules of procedure of the 1. operates with the same force and effect in every place
House and not the constitutional requirements for enacting a law where the subject of it is found
(Art 6, Sec 26-27) 2. equivalent to the requirement of a valid classification
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Grant of exemption from taxation rests upon the theory that an Except when such person is assigned to the Armed Forces,
exemption will benefit the body of people, and not upon any idea of penal institution, government orphanage, or leprosarium.
lessening the burden of an individual or corporate owner. (3) All money collected on any tax levied for a special
purpose shall be treated as a special fund and paid out for
BIR Commissioner v. YMCA such purpose only.
Court will always apply the doctrine of strict interpretation in If the purpose for which a special fund was created has
construing tax exemptions because taxes are the lifeblood of the been fulfilled or abandoned, the balance shall be
nation. transferred to the general funds of the government.
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Fabian v. Desierto
RA 6770 cannot validly authorize an appeal to the Supreme Court
from decisions of the Office of the Ombudsman in administrative
disciplinary cases. This violates Sec. 30.
Section 31:
No law granting a title of royalty or nobility shall be
enacted
Section 32:
The Congress shall, as early as possible, provide for a
system of initiative and referendum and the exceptions
therefrom
Whereby the people can directly propose and enact laws or
approve or reject and act, law or part thereof passed by
Congress of local legislative body
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