Professional Documents
Culture Documents
CONSTI 1 Notes MagsalinPulido Fin
CONSTI 1 Notes MagsalinPulido Fin
ARCHIPELAGIC DOCTRINE. An archipelagic state is composed of INTERNAL SOVEREIGNTY. Supremacy of a person or body of persons
islands forming a State is considered a single unit and that the islands and the in a state over the individuals or association of individuals within its area of
waters within the baselines are internal waters jurisdiction.
ARCHIPELAGO. Group of islands including parts of islands, EXTERNAL SOVEREIGNTY. Absolute independence of one state as a
interconnecting waters and other natural features which are closely whole with reference to other states.
interrelated in such islands forming an intrinsic geographical, economic and
political entity or which historically have been regarded as such
Archipelagic state has sovereign rights over waters, but the Right of Innocent
Passage especially on formerly high seas is respected. Archipelagic state may
designate sealanes and air routes suitable for safe, continuous and expeditious
passage of foreign ships and aircraft through or over the archipelagic waters
and the adjacent territorial sea.
GOVERNMENT
GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES. It is the
corporate governmental authority through which the functions of government
are exercised throughout the Philippines.
5. Those naturalized by law
THE CITIZENSHIP 5. Citizens under the 1973 Constitution
a. Citizen as of January 17, 1973
b. Those whose father and mother are citizens of the
ARTICLE IV CITIZENSHIP Philippines
SECTION 1. The following are citizens of the Philippines: c. Those who elected Philippine citizenship under the 1973
1. Those who are citizens of the Philippines at the time of the Constitution
adoption of this [1987] Constitution; d. Those naturalized by law
2. Those whose Fathers or mothers are citizens of the
Philippines;
NATURAL BORN CITIZEN. Those who are citizens of the Philippines
3. Those born before January 17, 1973 of Filipino mothers,
from birth without having to perform any act to acquire or perfect the
who elect Philippine citizenship upon reaching the age of
majority; and Philippine citizenship.
4. Those who are naturalized in accordance with law. 1. Those whose fathers or mothers are citizens of the Philippines
2. Those who elect Philippine citizenship upon reaching majority age
a. Born before January 17, 1973 of Filipino mother,
SECTION 2. Natural-born citizens are those who are citizens of the b. inchoate Philippine citizenship in his minority
Philippines from birth without having to perform any act to acquire c. may be perfected upon age of majority, right to be exercised
or perfect their Philippine citizenship. Those who elect Philippine within three years
citizenship in accordance with paragraph (3), Section 1 hereof shall be 3. Those former natural born citizens who reacquire Philippine
deemed natural-born citizens. citizenship through repatriation
SECTION 3. Philippine citizenship may be lost or reacquired in the NATURALIZATION. Legal process by which an alien acquires the
manner provided by law. citizenship of another State. It is the act of adopting a foreigner and clothing
him with the privileges of a native citizen.
SECTION 4. Citizens of the Philippines who marry aliens shall retain
their citizenship, unless by their act or omission they are deemed,
under the law to have renounced it. JUDICIAL NATURALIZATION (CA 473)
Requirements for Naturalization by Judicial Proceeding
SECTION 5. Dual allegiance of citizens is inimical to the national 1. Age. At least 21 y/o at the date of hearing
interest and shall be dealt with by law. 2. Residence. Resident for at least 10 years, may be reduced to 5
years if:
NB: 1987 Constitution took effect on 02 FEBRUARY 1987. a. Born in the Philippines
b. Married a Filipino woman; (woman married to Filipino man
has to cancel Alien Certificate of Registration)
CITIZENSHIP. Membership in a political community which is more or less c. Held government office
permanent in nature; status of being a citizen [cives – member of the body d. Made a useful invention or established an industry
politic of a state who owes allegiance to and may claim reciprocal protection e. Served as a teacher in a private or public school for a period
from its government] of not less than two (2) years
3. Character. Possesses good moral character, believes in the
NATIONALITY. It is membership in a political community whether constitution and has conducted himself in an irreproachable
monarchial, autocratic or democratic. It does not necessarily carry with it the manner during his stay in the Philippines
exercise of political rights. 4. Property. Has real estate worth P5,000.00 or more, or has
lucrative trade, profession or occupation
Modes of Acquiring Citizenship 5. Education. Able to speak and write English or Filipino and a
1. By birth; either jus sanguinis (blood relationship) or jus soli (place principal dialect. Enrolled his children in a recognized school in
of borth) the Philippines that teaches Philippine history, civics and
2. By marriage government
3. By naturalization 6. Disqualifications.
i. Being opposed to organized movement
Citizens of the Philippines ii. Believing in violence as a means to espouse an idea
1. Citizens of the Philippines at the time of the adoption of the 1987 iii. Being polygamist, or believing in such
Constitution; iv. Being convicted of a crime involving moral turpitude
2. Those whose Fathers or mothers are citizens of the Philippines; v. Suffering from an incurable contagious disease or from
3. Those born before January 17, 1973 of Filipino mothers, who elect mental anguish
Philippine citizenship upon reaching the age of majority; and vi. Not minglish socially with Filipinos, nor embracing Filipino
4. Those who are naturalized in accordance with law. culture, ideas and customs
vii. Being a citizen of the Philippines with which the Philippines
Citizens at the Time of Adoption of the 1987 Constitution is at war, during the time of such war
1. Citizens under Philippine Bill 1902 viii. No reciprocity, his own country does not grant naturalization
a. inhabitants as of April 11, 1899 (Treaty of Paris) who were to Filipinos
Spanish Subjects who continued to reside in the Philippines
as well as their children Procedure for Judicial Naturalization
b. did not elect to preserve their allegiance to the Crown of 1. Declaration of Intention. Filed at OSG to allow character
Spain investigation, exemptions
2. Citizens by judicial decisions applying the jus soli principle (Roa v a. Born in PH and received primary and secondary education in
Collector of Customs until Tio Tiam v Republic) Philippine school
3. Naturalized in accordance with 1935 Constitution b. Resided in PH for 30 years
4. Citizens under the 1935 Constitution c. Widow or children of applicant who dies before his
1. Citizens at the time of adoption application could be granted
2. Those whose fathers are citizens of the Philippines 2. File petition for naturalization with the RTC of the province
3. Born in the Philippines of Foreign parents who before the where applicant resided for at least one year
adoption of 1935 Constitution were elected to public office 3. Publication of Petition. Once a week for three consecutive weeks
(Caram Rule) in the Official Gazette, and in one newspaper of general
4. Those whose mothers are Filipino citizens and upon reaching circulation in the Province
majority age elected Philippine citizenship
4. Hearing of Petition. State is represented by OSG; two witnesses EXPATRIATION. Voluntary renunciation or abandonment of nationality
to testify good moral character and allegiance. It is a constitutional right. No one can be compelled to remain
5. Promulgation of Decision. Final but not executory 30 days after a Filipino if he does not want to, except when the Philippines is at war as one
notice of decision is received by parties. cannot renounce his citizenship just to escape liability under the treason law.
6. Summary hearing after two years. Done to prove that
a. He did not leave the PH during the two-year period of REACQUISITION OF CITIZENSHIP.
probation 1. By naturalization. For those who lost Philippine citizenship by
b. He devoted himself to a lawful calling naturalization in a foreign country or by express renunciation of
c. He was not convicted of an offense or violation of his citizenship
government rules 2. By repatriation
d. He did not commit an act prejudicial to national interest or a. Desertion of the AFP
inimical to a government-announced policy b. Service in the armed forces of allied forces in WWII
7. Oath-taking before the RTC. After oath, he will be issued a c. Service in the Armed Forces of US at any other time
Certificate of Philippine Citizenship d. Marriage of a Filipino woman to an alien
e. Political and economic necessity
Effect of Naturalization to Wife. An alien woman married to a naturalized 3. By direct acts of Congress
husband who does not suffer any of the disqualifications may be declared a
citizen. DUAL CITIZENSHIP. Arises when a person is simultaneously considered a
national by two or more states as a result of concurrent application of their
Effect of Naturalization to Children laws. Filipino citizens may, without performing any act, and as an involuntary
1. If the child is of age, there is no effect consequence of conflicting laws of different countries, be another citizen of
2. If the child is minor, and another State.
a. Born in the Philippines, he automatically becomes a citizen
upon naturalization of Father DUAL ALLEGIANCE. Refers to a situation in which a person
b. Born abroad before naturalization of the father and residing simultaneously owes, by some positive act, two or more states.
in the Philippines at the time of naturalization, he
automatically becomes a citizen Dual citizenship is involuntary, dual allegiance is the result of an individual’s
c. Born abroad before naturalization but not residing in the violation.
Philippines at the time of naturalization, Filipino only during
his minority unless he takes permanent residency in the CASES ON CITIZENSHIP
Philippines before reaching majority age In re Ching, Bar Matter No 914 (01 October 1999)
d. Born abroad after naturalization of father, considered a Petitioner Ching is son of a Filipino mother and Chinese Father, born April
citizen provided he take his Oath of Allegiance to the 11, 1964. Ching wants to be admitted to the bar after passing the bar
Philippines upon age of majority (failure to register intent to examination. However, he elected Filipino citizenship fourteen (14) years
become Filipino citizen one year after reaching 21 years, he after reaching the age of majority. Despite continuous uninterrupted stay in
ceases ti be a Filipino citizen) the Philippines, being a CPA, registered voter and former elected public
official, Philippine citizenship may not be vested upon him, the law lays
DENATURALIZATION. Filed by OSG on the RTC that granted down specific requirements to be complied with. One who is privileged to
naturalization of the following grounds: elect Philippine citizenship has only an inchoate right.
1. Naturalization obtained through illegal means
2. Within five years from naturalization, goes to another country with Co v HRET, 199 SCRA 692 (1991)
intent to take permanent residence Respondent was born of Filipino mother and a naturalized father (when he
3. Naturalization obtained through invalid declaration of intention was 9 y/o). The filing of sworn statement or formal declaration is a
4. Applicant’s children failed to graduate from Philippine schools requirement for those who still have to elect citizenship. For those already
because he transferred them to another school or failed or refused Filipinos when the time to elect came up, there are acts of deliberate choice
to send them to such schools which cannot be less binding i.e., entering a profession open only to Filipinos,
5. Applicant is guilty of violating naturalization laws and the anti- serving in a public office where citizenship is a qualifications, voting, running
dummy law in availing privileges available only to Filipinos for public office.
FOUDNLING is a deserted or abandoned infant or child whose parents, Express Renunciation means a renunciation that is made known distinctly
guardian or relatives are unknown; or a child committed to an orphanage or and explicitly and not left to inference or implication.
charitable or similar institution with unknown facts of birth and parentage and
registered in the Civil Registrar as “foundling.” Frivaldo v COMELEC, 174 SCRA 245 (1989)
Petitioner was proclaimed Governor of Sorsogon in 1988 and a petition to
CASES ON NATURALIZATION annul his proclamation was filed on the ground that he is a naturalized US
Republic v Dela Rosa, 232 SCRA 785 (1994) citizen. He claimed that by participating in the election, he reacquired
Frivaldo’s petition for naturalization before the RTC of Manila was granted; Philippine citizenship. HELD: Frivaldo has not reacquired Philippine
but was subsequently declared not a citizen of the Philippines, disqualifying citizenship by participating in Philippine elections thus automatically
him as Governor of Sorsogon. Respondent, having opted to reacquire forfeiting his US citizenship. Such forfeiture could not have the effect of
citizenship through naturalization under the Revised Naturalization Law, is restoring his citizenship in the Philippines that he had earlier renounced.
duty bound to follow the procedure prescribed by the law. The law does not
provide special procedure for former Filipino citizens contrary to reparation Frivaldo v COMELEC, 257 SCRA 727 (1996)
by Filipino woman who married an alien. Petitioner ran for Sorsogon Governor in 1995. Opponent filed a petition to
1. Failure to comply with publication and posting requirements, disqualify him which was granted by COMELEC, denied his Motion for
hence the court did not acquire jurisdiction Reconsideration. Frivaldo claims his petition for repatriation was filed to the
2. Petition lacks several allegations required by Sections 2 and 6 of Office of the President on August 17, 1994, resubmitted on June 29, 1995 the
the Revised Naturalization Law; was not supported by affidavit of form to Special Committee (which convened on June 8, 1995, and was
two credible persons; and did not attach certificate of arrival granted on June 30, 1995. HELD:
required by Section 7 1. Frivaldo’s acquisition of Philippine citizenship retroacted to the
3. Proceedings of the Trial court was marred with many irregularities date of filing on August 17, 1994.
2. Citizenship requirement in LGC is to be possessed by an elective
Republic v Li Yao, 214 SCRA 748 (1992) – Res Judicata Doctrine official at the latest as of the time he is proclaimed and at the start
Li Yao acquired naturalization. Fifteen year later, lower court found that he of the term of office.
misled the court on certain fraudulent tax payments. He claims he secured tax
amnesty obliterating his tax liabilities. Moral character was question. He
argues the question of citizenship is res judicata. HELD: Tabasa v Court of Appeals, GR 125793 (29 August 2006)
1. A certificate of naturalization may be cancelled if it is Tabasa was natural born Filipino, but upon naturalization of his father when
subsequently discovered that the applicant obtained it by he was seven (7yo), he also acquired American citizenship by derivative
misleading the court upon any material fact. Moreover, a naturalization. Arrived in the Philippines in August 3, 1995 as Balikbayan,
naturalization proceeding is not a judicial adversary proceeding, and thereafter was arrested by BI upon the request of Consul General of US
the decision rendered therein, not constituting res judicata as to Embassy to apprehend and deport petitioner who has a warrant of arrest for
any matter that would support a judgment cancelling a certificate several federal charges. His passport was also revoked. Petitioner alleged that
of naturalization on the ground of illegal or fraudulent he had acquired Philippine citizenship by repatriation, and being a Filipino
procurement thereof. citizen, he cannot be deported or detained by BI. HELD: Petitioner may not
2. Concealment of his income to evade payment of lawful taxes show avail of repatriation to acquire Philippine citizenship. Only 1) Filipino women
that his moral character is irreproachable, disqualifying him from who married an alien, and 2) natural born Filipinos and their minor children
naturalization. Tax amnesty does not obliterate lack of good moral who lost Philippine citizenship on account of political or economic necessity.
character and irreproachable conduct. He is not qualified since he lost his citizenship by operation of law and not
due to political or economic necessity. He can reacquire Philippine citizenship
CASES ON LOSS AND REACQUISITION OF CITIZENSHIP by availing of the Citizenship Retention and Re-acquisition Act of 2003 by
Coquilla v COMELEC, GR 151914 (31 July 2002) simply taking an Oath of Allegiance to the Philippines.
Petitioner Coquilla was born February 17, 1938 of Filipino parents in Oras,
Eastern Samar. Joined US Navy in 1965, then naturalized. Came back to Angat v Republic, GR 132244 (14 September 1999)
Philippines in October 15, 1998 and took out a residence certificate. He Petitioner, a natural born citizen of the Philippines, became a naturalized US
applied for reparation on August 5, 2000, approved on November 7, 2000 and citizen and filed an application for repatriation to the RTC. PD 725 provided
took his Oath of allegiance on November 10, 2000 (acquired citizenship). that applications for repatriation could be filed to the Special Committee on
On November 21, he registered as voter and on January 12, 2001, his Naturalization. President Cory Aquino issued a Memorandum deactivating
registration was approved. Filed his Certificate of Candidacy for mayor in the SCN. HELD: The SCN has jurisdiction not the RTC.
February 27, 2001 stating he had been a resident for two years. HELD:
Petitioner lost his domicile of origin when he became US citizen. When Jao v Republic, 121 SCRA 358
petitioner came back to the Philippines, he was a visa-free balikbayan visitor No law authorizes judicial proceeding for repatriation.
(valid only for one year). He had waived his status as an alien and as a non-
resident only upon taking his Oath of Citizenship. He lacked the requirement Aznar v COMELEC, GR 83820 (25 May 1990)
for residency to qualify him for mayorship.
Respondent Osmena denied having taken an Oath of Allegiance to the US,
holder of a valid Philippine passport, and participated in the elections both as
voter and candidate. He remains to be a Filipino and the loss of his Philippine
citizenship cannot be presumed. The mere fact that he has a Certificate stating
he is American does not mean he is nit still a Filipino.
CA 473 JUDICIAL NATURALIZATION RA 9139 ADMINISTRATIVE NATURALIZATION
QUALIFICATIONS
AGE not less than twenty-one years of age on the day of the hearing of the must not be less than eighteen (18) years of age, at the time of filing of
petition his/her petition;
BIRTH/ RESIDENCE must have resided in the Philippines for a continuous period of not must be born in the Philippines and residing therein since birth;
less than ten years;
a. Reduced to five (5) years if:
b. held public office
c. Having established a new industry or introduced a
useful invention in the Philippines;
d. Being married to a Filipino woman;
e. Having been engaged as a teacher in the Philippines
school not exclusive for a particular nationality or race,
for a period of not less than two years;
f. Having been born in the Philippines.
GOOD MORAL must be of good moral character and believes in the principles underlying must be of good moral character and believes in the underlying
CHARACTER the Philippine Constitution, and must have conducted himself in a proper principles of the Constitution, and must have conducted himself/herself
and irreproachable manner during the entire period of his residence in the in a proper and irreproachable manner during his/her entire period of
Philippines in his relation with the constituted government as well as with residence in the Philippines in his relation with the duly constituted
the community in which he is living. government as well as with the community in which he/she is living;
INCOME must own real estate in the Philippines worth not less than Php 5,000.00 or must have a known trade, business, profession or lawful occupation,
must have some known lucrative trade, profession, or lawful occupation; from which he/she derives income sufficient for his/her support and if
he/she is married and/or has dependents, also that of his/her family:
Provided, however, That this shall not apply to applicants who are
college degree holders but are unable to practice their profession
because they are disqualified to do so by reason of their citizenship;
LANGUAGE must be able to speak and write English or Spanish and any one of the must be able to read, write and speak Filipino or any of the dialects of
principal Philippine languages; the Philippines;
EDUCATION must have enrolled his minor children of school age in a Philippine school must have received his/her primary and secondary education in any
where the Philippine history, government and civics are taught or Philippine school where Philippine history, government and civics are
prescribed as part of the school curriculum, during the entire period of the taught and prescribed as part of the school curriculum and where
residence in the Philippines required of him prior to the hearing of his enrollment is not limited to any race or nationality:
petition for naturalization as Philippine citizen.
Provided, That should he/she have minor children of school age, he/she
must have enrolled them in similar schools;
MINGLE The applicant must have mingled with the Filipinos and evinced a
sincere desire to learn and embrace the customs, traditions and ideals of
the Filipino people
DISQUALIFICATIONS
OPPOSE ORGANIZED Persons opposed to organized government or affiliated with any Those opposed to organized government or affiliated with any
GOVERNMENT association or group of persons who uphold and teach doctrines opposing association of group of persons who uphold and teach doctrines
all organized governments; opposing all organized governments;
TEACHING VIOLENCE Persons defending or teaching the necessity or propriety of violence, Those defending or teaching the necessity of or propriety of violence,
personal assault, or assassination for the success and predominance of their personal assault or assassination for the success or predominance of
ideas; their ideas;
POLYGAMY Polygamists or believers in the practice of polygamy; Polygamists or believers in the practice of polygamy;
MORAL TURPITUDE Persons convicted of crimes involving moral turpitude; Those convicted of crimes involving moral turpitude;
DISEASE Persons suffering from mental alienation or incurable contagious diseases; Those suffering from mental alienation or incurable contagious
diseases;
NOT MINGLED Persons who, during the period of their residence in the Philippines, have Those who, during the period of their residence in the Philippines, have
SOCIALLY not mingled socially with the Filipinos, or who have not evinced a sincere not mingled socially with Filipinos, or who have not evinced a sincere
desire to learn and embrace the customs, traditions, and ideals of the desire to learn and embrace the customs, traditions and ideals of the
Filipinos; Filipinos;
WAR Citizens or subjects of nations with whom the United States and the Citizens or subjects with whom the Philippines is at war, during the
Philippines are at war, during the period of such war period of such war
LAW Citizens or subjects of a foreign country other than the United States Citizens or subjects of a foreign country whose laws do not grant
whose laws do not grant Filipinos the right to become naturalized citizens Filipinos the right to be naturalized citizens or subjects thereof.
or subjects thereof.
QUALIFICATIONS DISQUALIFICATIONS
AGE, OPPOSE ORGANIZED
BIRTH/RESIDENCE GOVERNMENT
GOOD MORAL CHARACTER TEACHING VIOLENCE
INCOME POLYGAMY
LANGUAGE MORAL TURPITUDE
EDUCATION DISEASE
NOT MINGLED SOCIALLY
WAR
LAW
1987 CONSTITUTION 1973 CONSTITUTION 1935 CONSTITUTION TREATY OF PARIS
1. Citizens of the Philippines at 1. Citizen as of January 17, 1973 1. Citizens at the time of adoption 1. Citizens under Philippine Bill
the time of the adoption of the 1902
1987 Constitution; a. inhabitants as of April
11, 1899 (Treaty of
Paris) who were Spanish
Subjects who continued
to reside in the
Philippines as well as
2. Those whose Fathers or 2. Those whose father and 2. Those whose fathers are
their children
mothers are citizens of the mother are citizens of the citizens of the Philippines
b. did not elect to preserve
Philippines; Philippines
their allegiance to the
Crown of Spain
c.
3. Born in the Philippines of 2. Citizens by judicial decisions
Foreign parents who before the applying the jus soli principle
adoption of 1935 Constitution (Roa v Collector of Customs
were elected to public office until Tio Tiam v Republic)
(Caram Rule)
3. Those born before January 17, 3. Those who elected Philippine 4. Those whose mothers are
1973 of Filipino mothers, who citizenship under the 1973 Filipino citizens and upon
elect Philippine citizenship Constitution reaching majority age elected
upon reaching the age of Philippine citizenship
majority; and
4. Those who are naturalized in 4. Those naturalized by law 5. Those naturalized by law
accordance with law.
latter may set-up a counterclaim at least to the extent of the
STATE IMMUNITY FROM SUIT amount claimed in the complaint
c. If the government intervenes in a suit and asks the court for an
affirmative relief; but not if merely to resist claim, no affirmative
ARTICLE XVI GENERAL PROVISIONS relief
SECTION 3. The State may not be sued without its consent. d. When government enters into commercial business in a propriety
character, sued upon contracts
e. When it is inequitable for government to claim immunity
STATE IMMUNITY. The state may not be sued without its consent. A
sovereign is exempt from suit on the logical and practical ground that there Not all government entities, whether corporate or non-corporate, are immune
can be no legal right against the authority that makes the law on which the from suits. Immunity is determined by the character if the objects for which
right depends. the entity was organized.
The consent of the State to be sued must emanate from statutory authority. A donor, with the Republic or any of its agency being the done, is entitled to
Waiver of State immunity can only be made by an act of the legislative body. go to the court in case of an alleged breach of the conditions of such donation.
(Republic v Feliciano, 148 SCRA 424 (1987))
SUITS AGAINST UNINCORPORATED GOVERNMENT ENTITIES.
A suit for acts done in the performance of official functions against an officer General Rule. Offices and agencies of the government that do not possess a
of the government by a private citizen which would result in a charge against separate juridical personality cannot be sued.
or financial liability to government must be regarded as suit against the State Exception. If unincorporated agency is exercising principally proprietary
itself. Government immunity from suit will not shield the public official being functions or is engaged in a private business
sued if the government no longer has interest to protect in the outcome of a
suit, or if the liability of the officer is personal because it arises from tortious SUITS AGAINST MUNICIPAL CORPORATIONS. Local government
acts in the performance of his duties. (Philippine Agila Satellite v Licgauco, units possess corporate powers including the capacity to sue and be sued.
GR 142362 (3 May 2006))
SUITS AGAINST FOREIGN STATES. One state cannot assert jurisdiction
EXPRESS CONSENT. The state gives its consent to be sued with respect to over the other.
claims and accounts provided that the conditions and procedures prescribed
are duly complied with. Par in parem non habet imperium
Equals have no sovereignty over each other
Once consent is secured, an action may be filed. However, there is nothing to
prevent the State to require that certain administrative proceedings be had and SUITS AGAINST INTERNATIONAL AGENCIES. Certain basic
exhausted. (Sayson v Singson, 54 SCRA 282 (1973)) immunities are accorded to specialized agencies of the United Nations.
a. SPECIAL LAW. Specific consent is given when a law is enacted Suability is not liability; the State in only giving the plaintiff the chance to
authorizing a particular person to bring a specified suit against the prove, if it can, that the defendant is liable.
government in respect to a particular claim or cause.
Indirect suit against the government is prohibited.
b. TORTS COMMITTED BY SPECIAL AGENTS. ARTICLE
2180, NCC. State is responsible for quasi-delicts committed by Suits against Public Officers that are not Suits against the State
government acting through special agents or those performing 1. Compelling the performance of a ministerial function or a duty
non-regular functions; if it was committed by a regular employee, required by law
the injured party could only bring a suit for damages against the 2. Action for prohibition against an agency or a public officer to
employee in his personal capacity prevent the enforcement of an act claimed as illegal or
unconstitutional
Under the Civil Code, the state is liable when it acts through a 3. Against an officer in his private or personal capacity
special agent, but not when the damage should have been 4. Against an officer claimed to have committed an ultra vires act or
caused by the official to whom properly it pertained to do the where there is a chowing of bad faith, malice or gross negligence
act performed. A special agent is one who receives a definite and
fixed order or commission, foreign to the exercise of the duties of Consent to Execution is required
his office if he is a special official. This concept does not apply to Where the state gives its consent to be sued, it may limit claimant’s action
any executive agent who is an employee of the acting only up to the completion of proceedings anterior to execution. The power of
administration and who on his own responsibility performs the the court ends when judgment is rendered
functions which are inherent in and naturally pertain to his office IMMUNITY FROM SUIT
and which are regulated by law and the regulations. The driver of THE GOVERNMENT MAY NOT BE SUED WITHOUT ITS
the ambulance of the General Hospital was not a special agent; CONSENT
thus the Government is not liable. (Meritt v Government, 34 EXPRESS CONSENT
PHIL 311 (1916)) IMPLIED CONSENT. Government enters into a contract in its
proprietary capacity
c. GOVERNMENT CORPORATIONS, if vested with separate CONTRACT INVOLVES SOVEREIGN
juridical and corporate personalities and clothed with the express GOVENMENTAL CAPACITY
power to sue and be sued CRIME, TORTIOUS ACTS, UNOFFICIAL ACTS DONE IN
THE PERSONAL CAPACITY OF PUBLIC OFFICIALS
When the government enters into commercial business, it
abandons its sovereign capacity and is to be treated like any other FRAMEWORK
corporation. 1. STATE (REPUBLIC OF THE PHILIPPINES) (IMMUNE)
a. LGU (X)
IMPLIED CONSENT. b. GOCC (X)
a. When the government is sued without claiming its immunity, it c. INSTRUMENTALITY
enters trial and submits itself to the jurisdiction of the court i. PROPRIETORY (X)
b. When action is brought by the government to recover money in ii. GOVERNMENTAL (IM)
the hands of a private individual who has a claim against it, the d. DEPARTMENTS, OP, REST OF GOVERNMENT (IM)
i. EXPRESS CONSENT (X)
a. SPECIAL AGENT (Art 2180, NCC) (X)
b. LAW (X)
ii. IMPLIED CONSENT
a. CONTRACT
1. PROPRIETORY (X)
2. GOVERNMENTAL (IM)
b. COUNTERCLAIM (X)
c. INJUSTICE (X)
2. FOREIGN STATE
a. GOVERNMENT FUNCTION/ JUS IMPERII (IM)
b. PROPRIETORY FUNCTION/ JUS GESTIONIS (X)
c. CORPORATION (immunity should be proven as fact)
i. FXN INHERENT TO GOVERNMENT (IM)
ii. NO FXN INHERENT TO GOVERNMENR (X)
3. INTERNATIONAL ORGANIZATION
a. DEPENDS ON TREATY, CHARTER OR CONVENTION
The Constitution apportions the powers of government, but it does not make
any one of the three departments subordinate to another when exercising the
trust committed to it.
DELEGATION OF POWERS
Legislative power may only be exercised by the legislative branch, and may
not be delegated to the other branches of government.
Valid Delegation
1. By Direct Constitutional Grant
a. Tariff powers of the President
b. Emergency Powers to the President
Requisites:
i. There must be a war or other national emergency
ii. The delegation must be for a limited period only
iii. The delegation must be subject to restrictions as
Congress may provide
iv. Must be exercised to carry out a declared national
emergency
c. Rule Making Power to the Supreme Court
d. Delegated Power to Local Government
e. Rule Making Power to Constitutional Commissions
IF NO DIRECT INJURY
THE JUDICIAL DEPARTMENT A) STRICT COMPLIANCE
1. With Paramount Public Interest; and
ARTICLE VIII. 1987 CONSTITUTION 2. With Alternate Standing (petition w standing)
SECTION1. The judicial power shall be vested in one Supreme Court B) LIBERAL COMPLIANCE
and in such lower courts as may be established by law. 1. No Alternate Standing, but
2. With Paramount Public Interest (petition w standing)
Judicial power includes the duty of the courts of justice to settle
actual controversies involving rights which are legally demandable
CITIZEN STANDING. When suing as a citizen, the interest of the
and enforceable, and to determine whether or not there has been a
petitioner assailing the constitutionality of a statute must be direct and
grave abuse of discretion amounting to lack or excess of jurisdiction
on the part of any branch or instrumentality of the Government. personal.
JUDICIAL REVIEW. It is the power of the courts, ultimately of the He must be able to show not only that the law or any government act is
Supreme Court, to interpret the Constitution, and to test the validity of invalid, but also that he sustained or in imminent danger of sustaining
executive and legislative acts in the light of their conformity with the some direct injury as a result of its enforcement.
fundamental law.
When the proceeding involves the assertion of a public right, the mere
It allows the Supreme Court fact that he is a citizen satisfies the requirement of personal interest.
1) to review, revise, reverse, modify or affirm on appeal or certiorari
final judgments and orders of lower courts, and Requisites for Citizen’s Suit Challenging Constitutionality
2) to determine whether or not there has been a grave abuse of 1. the petitioner must have suffered an “injury in fact” of an actual or
discretion amounting to lack or excess of jurisdiction on the part imminent nature (Direct Injury Test)
of any branch or instrumentality of the government 2. there must be a causal connection between the injury and the
conduct complained of
The Supreme Court has the power has the power to allocate constitutional 3. the injury is likely to be redressed by a favorable action by the
boundaries. court
Requisite of Judicial Review Two requisite for Assertion of Public Right/ Mandamus
1. There must be an Actual Case or Controversy 1. enforcement of a public right
2. Raised by a party with Standing/ Locus Standi 2. espoused by a Filipino citizen
(Exception: Transcendental Importance)
3. Raised at the Earliest Opportunity TAXPAYER’S STANDING. A taxpayer has sufficient interest in
4. There must be Necessity of deciding the constitutional question preventing the illegal expenditure of public funds and may therefore
question the constitutionality of statutes requiring expenditure of public
1. ACTUAL CASE OR CONTROVERSY. Means an existing case or money. Petitioner must prove that he has sufficient interest in preventing
controversy which is both ripe for resolution and susceptible of judicial the illegal expenditure and that he would sustain an injury.
determination, and that which is not conjectural or anticipatory, or that which
seeks to resolve hypothetical or feigned constitutional problems. LEGISLATIVE STANDING. An act of the Executive that injures the
institution of Congress causes a derivative but substantial injury that can
Controversy is the presence of opposing views of contentions. be questioned by any member of Congress.
An issue is not ripe for judicial determination if future events may render the PARAMOUNT PUBLIC INTEREST. Even as a party may not have
decision unnecessary. the legal standing to bring the suit, the Supreme Court has brushed aside
technicalities of procedure particularly when the Constitutional question
A request for advisory opinion is not allowed. raised are of paramount public interest or transcendental importance.
The petition must not be moot and academic. The court will decide cases Requisites/must be established:
otherwise moot and academic, if: 1. the character of the funds or other assets involved in the case
1. The exceptional character of the situation and the paramount 2. the presence of a clear case of a constitutional or statutory
public interest involved prohibition by the public respondent agency or instrumentality of
2. The issue raised requires formulation of controlling principles to government
guide the bench, bar and public 3. the lack of any other party with a more direct and specific interest
3. The case is capable of repetition yet evading review. Involve in raising the question being raised
disputes of short duration where the injury-in0fact will go away
before the lawsuit finds its way through the court system. FACIAL CHALLENGE. A party can question the validity of a statute
a) the life of the controversy is too short to be fully litigated only if, as applied to him, it is unconstitutional. Exception: Even though
prior to its termination as applied to him it not unconstitutional, but it might be if applied to
b) there is a reasonable expectation that the plaintiff will others not before the court whose activities are constitutionally protected
again be subjected to the same problem
FACIAL CHALLENGE. Applies only to fundamental rights
2. LEGAL STANDING. Means a personal and substantial interest in the (expression, press, religion, intellectual liberties) but not to penal laws
case such that the party has sustained or will sustain direct injury as a result of 1. VOID FOR VAGUENESS (vague words)
the governmental act that is being challenged. 2. OVERBREADTH (vague parameters)
Mandatory Notice. Trial court may not rule on the validity of a statute,
executive order or regulation without complying with Rule 64, Section 3 of
the Rules of Court
No law shall be passed reorganizing the Judiciary when it undermines LOWER COURTS. Presently governed by BP 129 as amended by RA 7691
the security of tenure of its Members.
and 7902
SECTION 3. The Judiciary shall enjoy fiscal autonomy.
Appropriations for the Judiciary may not be reduced by the QUALIFICATIONS OF SUPREME COURT JUSTICES
legislature below the amount appropriated for the previous year and, 1. Natural born Filipino
after approval, shall be automatically and regularly released. 2. At least 40 years of age
3. At least 15 years of experience as judge or in the practice of law in
SECTION 4. the Philippines
1) The Supreme Court shall be composed of a Chief Justice 4. Proven competence, integrity, probity, and independence
and fourteen Associate Justices. It may sit en banc or in its
discretion, in division of three, five, or seven Members. Any ARTICLE VIII, SECTION 12
vacancy shall be filled within ninety days from the The members of the Supreme Court and of other courts established
occurrence thereof. by law shall not be designated to any agency performing quasi-
2) All cases involving the constitutionality of a treaty, judicial or administrative function.
international or executive agreement, or law, which shall be
heard by the Supreme Court en banc, and all other cases
which under the Rules of Court are required to be heard en ARTICLE VIII, SECTION 9 PAR 1
banc, including those involving the constitutionality, The members of the Supreme Court and judges of the lower courts
application, or operation of presidential decrees, shall be appointed by the President from a list of at least three
proclamations, orders, instructions, ordinances, and other nominees prepared by the Judicial and Bar Council for every
regulations, shall be decided with the concurrence of a vacancy. Such appointments need no confirmation.
majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon.
3) Cases or matters heard by a division shall be decided or
resolved with the concurrence of a majority of the ARTICLE VIII, SECTION 4
Members who actually took part in the deliberations on the Any vacancy shall be filled within ninety (90) days from the
issues in the case and voted thereon, and in no case without occurrence of the vacancy.
the concurrence of at least three of such Members. When
the required number is not obtained, the case shall be For the lower courts, the President shall issue the appointments
decided en banc: Provided, that no doctrine or principle of within 90 days from the submission of the list.
law laid down by the court in a decision rendered en banc
or in division may be modified or reversed except by the
court sitting en banc. ARTICLE VIII SECTION 10
The salary of the Chief Justice and of the Associate Justice of the
SUPREME COURT Supreme Court, and of judges of lower courts shall be fixed by law.
During their continuance in office, their salary shall not be decreased.
The Supreme Court was created by the Constitution and cannot be abolished
by Congress. Lower Courts were created by statutes and can be abolished by
ARTICLE XVIII SECTION 17
Congress. Until the Congress provides otherwise the Chief Justice shall receive
an annual salary of P240,000 and the Associate Justices shall receive
COMPOSITION OF SUPREME COURT (Article VII, Section 4(1)) P204,000 each.
1. Chief Justice
2. 14 Associate Justices
Perfecto v Meer: SC ruled that salaries of judges were not subject of income
MODE OF SITTING tax for such would be a diminution of their salary.
1. EN BANC. Decided with the concurrence of a majority of the
Members who actually took part in the deliberations on the issues Endencia v David: Congress passed a law providing that the constitutional
in the case and voted thereon. provision on diminution of salaries of Members of the Judiciary should not
2. DIVISION (3, 5, or 7 members). Decided by a majority, at least interpreted to mean an exemption from income tax. SC invalidated the stature
three member concurred, otherwise will be for En Banc decision on the ground that the legislature had no power to interpret the Constitution.
EN BANC CASE 1973 Constitution: “No salary or any form of emolument of any public
1. Constitutionality office or employee, including constitutional officers, shall be exempt from
2. Death Penalty payment of income tax.”
3. Novel Questions of Law
4. Ambassadors, other public ministers and consuls 1987 Constitution: The framers intended to make the salaries of the
5. Division members of the Judiciary taxable.
a. required number of votes not met
b. in the opinion of at least three members merits attention of ARTICLE VIII SECTION 11
En Banc, and acceptable to majority of En Banc members The members of the Supreme Court and judges of lower courts shall
6. Modify or reverse a doctrine hold officer during good behavior until (i) they reach 70 years, or
7. Administrative or disciplinary cases earlier if (ii) they become incapacitated to discharge the duties of their
a. Dismissal of judges office.
b. Disbarment of lawyers
c. Suspension more than one year, fine exceeding Php ARTICLE VILLL SECTION 2 PAR 2
10,000.00, or both No law shall be passed reorganizing the Judiciary when it undermines
8. Validity of proclamation of martial law or suspension of the the security of tenure of its Members.
privilege of writ of habeas corpus
9. As Presidential Electoral Tribunal
Only the lower courts may be reorganized by Congress.
Ocampo v Secretary of Justice: Congress abolished offices of judges at
large and cadastral judges in order to promote the independence of the
judiciary. An abolition of an office made in good faith does not violate
security of tenure.
ATICLE XI SECTION 2
The President, Vice-President, the Members of the Supreme Court,
the Members of the Constitutional Commissions, and the
Ombudsman may be removed from office, on impeachment for, and
conviction of, culpable violation of the Constitution, treason, bribery,
graft and corruption, other high crimes, or betrayal of public trust.
All other public officers and employees may be removed from office
as provided by law, but not by impeachment.
A Supreme Court Justice cannot be removed except by impeachment. A
Supreme Court Justice cannot be charged in a criminal case or a disbarment
proceeding, because the ultimate effect is to remove him from office and thus,
circumvent the provision on impeachment.
Members of the Supreme Court must first be removed from office through
impeachment, before he may be held criminally or administratively
(disbarment) liable.
ADMINISTRATIVE FUNCTIONS
Rule is applicable only to in cases submitted for decision. It is applicable to ARTICLE VIII SECTION 6
an Order or Resolution. The Supreme Court shall have administrative supervision over all
courts and the personnel thereof.
Sin perjuico””judgments is a judgment without a statement of facts in
support of its conclusion to be later supplemented by the final judgment
1. Detailing of lower court judges; shall not exceed six months
ARTICLE VIII SECTION 14 PAR 2 without the consent of the judge concerned
No petition or motion for reconsideration of a decision of the court 2. Discipline of lower court judges
shall be refused due course or denied, without stating the legal basis 3. Appointment of officials and employees of judiciary
therefor.
REPORT ON THE JUDICIARY
ARTICLE VIII SECTION 16
Applies to dismissal of MR of a decision on the merits. Does not apply to The Supreme Court shall, within 30 days from the opening of each
dismissal of MR of an incidental matter. regular session of the Congress, submit to the President and the
Congress an annual report on the operations and activities of the
ARTICLE VIII Section 13 Judiciary.
Any Member who took no part, or dissented, or abstained from a
decision or resolution must state the reason therefor. The same
requirements shall be observed by all lower collegiate courts. FISCAL AUTONOMY
ARTICLE VIII SECTION 3
The Judiciary shall enjoy fiscal autonomy. Appropriations for the
PERIODS FROM DECIDING CASES Judiciary may not be reduced by the legislature below the amount
1. Supreme Court = 24 months, except appropriated for the previous year and after approval, shall be
Question on the factual basis of martial law = 30 days automatically and, regularly released.
2. Lower Collegiate Courts (CA) = 12 months, unless reduced by
SC ARTICLE VI SECTION 25(5)
3. All other lower courts = 3 months, unless reduced by SC No law shall be passed authorizing any transfer of appropriations;
however, the Chief Justice of the Supreme Court may, by law, be
Periods are mandatory. At the expiration of the deadline, the Chief Justice or authorized to augment any item in the general appropriations law for
their respective officers from savings in other items of their respective
presiding judge issue a certification that the period has lapsed and the
appropriations.
reason for such inaction, attach to the records of the case and serve a copy to
the parties. Then, the court must decide without any further delay.
JUDICIAL AND BAR COUNCIL. The Council shall have the principal
A case or matter shall be deemed submitted for decision or resolution
function of recommending appointees to the Judiciary. It may exercise such
upon the filing of the last pleading, brief, or memorandum required by
other functions and duties as the Supreme Court may assign to it. (Article
the Rules of Court or by the court itself.
VIII Section 8(5))
PRESIDENTIAL ELETORAL TRIBUNAL.
FUNCTIONS
ARTICLE VII SECTION 4 PAR 7 1. Recommend appointees to the Judiciary
The Supreme Court, sitting en banc, shall be the sole judge of all
2. Recommend appointees to the office of the Ombudsman and his
contests relating to the election, returns, and qualifications of the
five deputies
President or Vice-President, and may promulgate its rules for the
purpose. 3. Perform such other functions and duties as the Supreme Court may
assign
National Board of Canvassers for the Presidential Election is Congress. COMPOSITION OF JBC
Before proclamation by Congress of the winner, Congress is the judge of any a. Ex-Officio Members
electoral issue. After proclamation, the Supreme Court sitting as PET, is the 1. Chief Justice as ex-officio Chairman
sole judge. 2. Secretary of Justice
3. Representative of Congress
OTHER POWERS b. Regular Members (4 year term)
a. Order a Change of venue or place of trial, on order to avoid a 1. Representative of the Integrated Bar
miscarriage of justice (Article VIII, Section 5(4)) 2. Professor of Law
In case of doubt, it should be resolved in favor of change of venue. 3. Retired member of the Supreme Court
4. Representative of the Private Sector
The Clerk of the Supreme Court is the ex-officio secretary.
3. Each legislative district shall comprise, as far as a) Filing of verified petition not later than 90 days before election;
practicable, contiguous, compact, and adjacent territory. Comelec resolves petition within 15 days
Each city with a population of at least two hundred fifty b) Submit names of at least five nominees not later than 45 days
thousand, or each province, shall have at least one before the election
representative. Nominee gives written consent
Disqualified: Those who lost in the immediately
4. Within three years following the return of every census, the preceding election
Congress shall make a reapportionment of legislative
c) Sectors represented are: labor, peasant, fisher folk, urban poor,
districts based on the standards provided in this section.
indigenous cultural communities, elderly, handicapped, women,
SECTION 6. No person shall be a Member of the House of youth veterans, overseas workers and professionals
Representatives unless he is a natural-born citizen of the Philippines Three groups may participate in the party-list
and, on the day of the election, is at least twenty-five years of age, able system: (1) national parties or organizations, (2)
to read and write, and, except the party-list representatives, a regional parties or organizations, and 93) sectoral
registered voter in the district in which he shall be elected, and a parties or organizations. (Atong Paglaum v
resident thereof for a period of not less than one year immediately COMELEC, GR 203766 (2013))
preceding the day of the election. d) Sectors disqualified: Religious sects, foreign organizations,
advocating violence or unlawful means
SECTION 7. The Members of the House of Representatives shall be e) At least 2% of total votes cast = one seat; more than 2% gets more
elected for a term of three years which shall begin, unless otherwise seats but not more than three seats
provided by law, at noon on the thirtieth day of June next following
f) Winning party-list representatives shall be proclaimed according
their election. No Member of the House of Representatives shall serve
to their ranking in the list of nominees
for more than three consecutive terms. Voluntary renunciation of the
office for any length of time shall not be considered as an interruption g) Same rights, inhibitions and disqualifications as district
in the continuity of his service for the full term for which he was representatives
elected. h) PL Rep who changes political party or sectoral affiliation during
his team shall forfeit his seat; change is within six months prior to
election, he may not be nominated
SENATE HOUSE OF REP
No of 24 members elected at Not more than 250
Members large members unless fixed by
The Constitutional requirement that 20% of all seats in the lower house is Excluded in this provision is the holding of a second office which
reserved for PL takes precedence over the 2% threshold set forth in RA 7941. is an extension of his legislative duties or is in aid of his
(Banat v COMEMEC, GR 179271 (2009)) legislative position.
The registration of a voter in a place other than his residence of origin has not FORBIDDEN OFFICE is one which a member cannot be appointed even if
been deemed sufficient to constitute abandonment or loss of such residence. he is willing to give up his seat in the Congress. The effect of his resignation
To successfully effect change of domicile, one must demonstrate: from Congress is the loss of his seat but his disqualification for the forbidden
1. An actual removal or an actual change of domicile; office remains.
2. A bona fide intention of abandoning the former place of residence
and establishing a new one; and A member cannot resign in anticipation of the passage of a law creating such
3. Acts which correspond with the purpose. (Marcos v COMELEC, office or increasing its emolument for the duration of the term for which the
248 SCRA 300 (1995)) member of Congress was elected.
This does not apply to elective positions.
SECTION 8. Unless otherwise provided by law, the regular election of
the Senators and the Members of the House of Representatives shall SECTION 14. No Senator or Member of the House of Representatives
be held on the second Monday of May. may personally appear as counsel before any court of justice or before
the Electoral Tribunals, or quasi-judicial and other administrative
SECTION 9. In case of vacancy in the Senate or in the House of bodies. Neither shall he, directly or indirectly, be interested
Representatives, a special election may be called to fill such vacancy financially in any contract with, or in any franchise or special
in the manner prescribed by law, but the Senator or Member of the privilege granted by the Government, or any subdivision, agency, or
House of Representatives thus elected shall serve only for the instrumentality thereof, including any government-owned or
unexpired term. controlled corporation, or its subsidiary, during his term of office. He
shall not intervene in any matter before any office of the Government
SECTION 10. The salaries of Senators and Members of the House of for his pecuniary benefit or where he may be called upon to act on
Representatives shall be determined by law. No increase in said account of his office.
compensation shall take effect until after the expiration of the full
term of all the Members of the Senate and the House of
Representatives approving such increase. OTHER PROHIBITIONS:
1. Personally appearing as a counsel before any court of justice,
Electoral Tribunals, quasi-judicial bodies
“Full term” means the term of all members who voted to increase the salaries 2. Being interested financially in any contract with or franchise or
of members of Senate and Congress. The term of senators elected in the special privilege granted by the Government, or any subdivision,
last preceding election is controlling. agency, or instrumentality, government-owned or controlled
corporations, or its subsidiaries
Law to increase salary was passed in 2015. Last elected senators were in 3. Intervening in any matter before any office of the Government for
2013. The law will take effect in 2019, after the six-year term of the senators. his pecuniary benefit
4. Intervening in any matter where he may be called upon to act on
SECTION 11. A Senator or Member of the House of Representatives account of his office
shall, in all offenses punishable by not more than six years
imprisonment, be privileged from arrest while the Congress is in
SECTION 15. The Congress shall convene once every year on the
session. No Member shall be questioned nor be held liable in any
fourth Monday of July for its regular session, unless a different date is
other place for any speech or debate in the Congress or in any
fixed by law, and shall continue to be in session for such number of
committee thereof.
days as it may determine until thirty days before the opening of its
next regular session, exclusive of Saturdays, Sundays, and legal
Article 145 of RPC extended the privilege from arrest to also include holidays. The President may call a special session at any time.
privilege from search.
The speech and debate clause does not exempt the member of Congress from SESSIONS.
any possible disciplinary measures that his colleagues in Congress may 1. Regular sessions. Commences every 4th Monday of July unless a
impose upon him. different day is set by law, until thirty days before the opening of
its next regular session.
SECTION 12. All Members of the Senate and the House of 2. Special Sessions called by the president to consider such
Representatives shall, upon assumption of office, make a full subjects of legislation as he may determine. Congress determines
disclosure of their financial and business interests. They shall notify number of days for such session.
the House concerned of a potential conflict of interest that may arise 3. Special Sessions without need of call
from the filing of a proposed legislation of which they are authors.
a. To pass a bill calling for the holding of a special
election when there is a vacancy in the offices of the
President and Vice President;
DISCLOSURE OF INFORMATION
- the bill is certified and becomes a law
1. Assets, liabilities and net worth
upon third reading of Congress;
2. Financial and business interests
b. To determine 2/3 vote whether the President is unable
3. Conflict of interest
to discharge the powers and duties of his office
- Cabinet sends a written declaration to the
SECTION 13. No Senator or Member of the House of Representatives
Senate President and Speaker notifying
may hold any other office or employment in the Government, or any
subdivision, agency, or instrumentality thereof, including them of the President’s disability
government-owned or controlled corporations or their subsidiaries, - The president disputes the mater but the
during his term without forfeiting his seat. Neither shall he be Cabinet stands by its findings
appointed to any office which may have been created or the c. To extend or revoke the proclamation of martial law or
emoluments thereof increased during the term for which he was the suspension of the privilege of the writ of habeas
elected. corpus
5) Neither House during the sessions of the Congress shall, He may be replaced only upon expiration of term, death, permanent disability,
without the consent of the other, adjourn for more than resignation from the political party he represents, formal affiliation with
three days, nor to any other place than that in which the another political party or removal for other valid reason.
two Houses shall be sitting.
SC’s jurisdiction to review decisions and orders of electoral tribunals operates
only upon showing of grave abuse of discretion on the part of the tribunal.
DISCIPLINE OF MEMBERS. Each hoes may punisg its members for
disorderly behavior. Disorderly behavior is upon the discretion of each house. SECTION 18. There shall be a Commission on Appointments
Penalty maybe censure, or upon a 2/3 votes suspension not exceeding 60 consisting of the President of the Senate, as ex officio Chairman,
days, or expulsion. This is an incidental power. twelve Senators, and twelve Members of the House of
Representatives, elected by each House on the basis of proportional
The Sandiganbayan may order the preventive suspension of a member of representation from the political parties and parties or organizations
Congress changed for violation of RA 3019 (Anti-Graft and Corrupt Practices registered under the party-list system represented therein. The
Act). chairman of the Commission shall not vote, except in case of a tie. The
Commission shall act on all appointments submitted to it within thirty
LEGISLATIVE JOURNAL is the official record of what is done and passed session days of the Congress from their submission. The Commission
in Congress. The record contained in the journal is conclusive evidence of the shall rule by a majority vote of all the Members.
contents thereof and courts shall take judicial notice of the same. Eentries in
a legislative journal may be given more weight when ranged against COMMISSION ON APPOINTMENTS
other forms of evidence.
Membership (25 members)
CONGRESSIONAL RECORD contain the verbatim transcript of all a. Senate President, as ex officio chair
proceedings of the House and if its committees. b. 12 members of Senate*
c. 12 members of HOR*
The following matters are Constitutionally mandated to be entered in the *elected on the basis of proportional representation
journal:
1. Yeas and Nays on third and final reading of the bill Membership in CA is based in party affiliation, thus, a defection from one
2. Veto message of the President party to another changes the proportion in the respective House and is a
3. Yeas and Nays on the re-passing of a bill vetoed by the President ground for reorganization
4. Yeas and Nays on any question at the request of 1/5 of members A mere temporary alliance is not a ground for reorganization
present
Session
ENROLLED BILL. A bill approved by both Houses is engrossed or 1. only when Congress is in session
enrolled, and this enrolled copy of the bill bears the certification of the Senate 2. called by its chair or majority of its members
President and the Speaker that the bill as enrolled is the version passed by 3. chair votes only to break a ties
each house. The enrolled bill is the one sent to the President for action.
OFFICERS REQUIRING CONFIRMATION
The lawmaking process in Congress ends when the bill is approved by both (DAACJ)
Houses, and the certification does not add to the validity of the bill or cure 1. Heads of Departments
any defect already present upon its passage. In other words it is the approval 2. Ambassadors, public ministers and consuls
by Congress and not the signatures of the presiding officers that is essential. 3. Officers of the Armed Forces of the Philippines from colonel and
(Astorga v Villegas, GR L-23475) naval captain
4. Chairman and members of Constitutional Commissions 1. It is an effective check available to Congress to question the
5. Members of the Judicial and Bar Council programs and priorities of the Executive Departments
2. It enables the minority to fiscalize the party in power
REGULAR APPOINTMENT takes place when the President appoints an 3. It informs the people of the activities and motivations of the
officers whose appointment requires confirmation while Congress is in President and his Cabinet
Session. The officer appointed may not assume office at once, He is first
nominated by the President, and the Commission shall act on it within 30 Section 23.
session days from submission. 1. The Congress, by a vote of two-thirds of both Houses in
joint session assembled, voting separately, shall have the
AD INTERIM or RECESS APPOINTMENT happens when Congress is sole power to declare the existence of a state of war.
not in session when the President makes the appointment. Appointment made
by the President is complete in itself and effective at once. When Congress 2. In times of war or other national emergency, the Congress
convenes, the Commission acts on the appointment. When disapproved the may, by law, authorize the President, for a limited period
and subject to such restrictions as it may prescribe, to
appointment is terminated.
exercise powers necessary and proper to carry out a
declared national policy. Unless sooner withdrawn by
resolution of the Congress, such powers shall cease upon
SECTION 19. The Electoral Tribunals and the Commission on the next adjournment thereof.
Appointments shall be constituted within thirty days after the Senate
and the House of Representatives shall have been organized with the Section 24. All appropriation, revenue or tariff bills, bills authorizing
election of the President and the Speaker. The Commission on increase of the public debt, bills of local application, and private bills,
Appointments shall meet only while the Congress is in session, at the shall originate exclusively in the House of Representatives, but the
call of its Chairman or a majority of all its Members, to discharge Senate may propose or concur with amendments.
such powers and functions as are herein conferred upon it.
Section 25.
ET and CA are constituted within 30 days after election of Senate
1. The Congress may not increase the appropriations
President and House Speaker. recommended by the President for the operation of the
Government as specified in the budget. The form, content,
SECTION 20. The records and books of accounts of the Congress and manner of preparation of the budget shall be
shall be preserved and be open to the public in accordance with law, prescribed by law.
and such books shall be audited by the Commission on Audit which
shall publish annually an itemized list of amounts paid to and 2. No provision or enactment shall be embraced in the general
expenses for each Member. appropriations bill unless it relates specifically to some
particular appropriation therein. Any such provision or
Ratio: Transparency, and deterrent from committing graft and corruption enactment shall be limited in its operation to the
appropriation to which it relates.
The public has the right to know how much is being spent for each member of
Congress. 3. The procedure in approving appropriations for the
Congress shall strictly follow the procedure for approving
SECTION 21. The Senate or the House of Representatives or any of appropriations for other departments and agencies.
its respective committees may conduct inquiries in aid of legislation in
accordance with its duly published rules of procedure. The rights of 4. A special appropriations bill shall specify the purpose for
persons appearing in, or affected by, such inquiries shall be respected. which it is intended, and shall be supported by funds
actually available as certified by the National Treasurer, or
to be raised by a corresponding revenue proposal therein.
LIMITATONS TO LEGISLATIVE INVESTIGATIONS
1. No general power of inquiry into the private affairs of citizens 5. No law shall be passed authorizing any transfer of
2. Power is limited to matters into which the body has jurisdiction to appropriations; however, the President, the President of
inquire the Senate, the Speaker of the House of Representatives,
3. Rights of persons appearing in or affected by such inquiry shall be the Chief Justice of the Supreme Court, and the heads of
respected (right against self-incrimination) Constitutional Commissions may, by law, be authorized to
EXCEPTION: Refuses to appear or answer relevant augment any item in the general appropriations law for
matter may be cited in contempt their respective offices from savings in other items of their
4. Order to be jailed for contempt may be enforced only until the respective appropriations.
final adjournment of the last session date of HOR; no limit for
Senate since it is a continuing body that does not cease to exist 6. Discretionary funds appropriated for particular officials
(only until the termination of the investigation, Balag case) shall be disbursed only for public purposes to be supported
by appropriate vouchers and subject to such guidelines as
may be prescribed by law.
Section 22. The heads of departments may, upon their own initiative,
with the consent of the President, or upon the request of either House,
7. If, by the end of any fiscal year, the Congress shall have
as the rules of each House shall provide, appear before and be heard
failed to pass the general appropriations bill for the
by such House on any matter pertaining to their departments.
ensuing fiscal year, the general appropriations law for the
Written questions shall be submitted to the President of the Senate or
preceding fiscal year shall be deemed re-enacted and shall
the Speaker of the House of Representatives at least three days before
remain in force and effect until the general appropriations
their scheduled appearance. Interpellations shall not be limited to
bill is passed by the Congress.
written questions, but may cover matters related thereto. When the
security of the State or the public interest so requires and the
President so states in writing, the appearance shall be conducted in APPROPRIATIONS
executive session.
BILL is a draft of a law submitted to the consideration of a legislative body
Heads of Departments may appear and be heard by any Hosuse on matter for its adoption.
pertaining to their departments:
1. On their own initiative with the Consent of the President; or APPROPRIATION is the setting apart by law of a certain sum from the
2. Upon request of either House as the rules of such House provides. public revenue for a specified purpose.
Rationale of Question Hour REVENUE BILL raises funds for the government, usually by imposing
certain tax or fees.
TARIFF BILLS dictate the duties to be imposed on certain imported articles. b. Separately and simultaneously; Houses take up the bill at the same
time
BILLS AUTHORIZING PUBLIC DEBTS usually involve bonds c. Separately and sequentially; originates from one house and goes to
guaranteed by the government for public subscription redeemable after a the other
certain period.
GENERAL RULE: A bill has to undergo three reading in each House for
BILLS OF LOCAL APPLICATION pertain to purely local government separate days.
matters. EXCEPTION 1: When the President certified the necessity of the
immediate enactment of a bill to meet a public calamity or
PRIVATE BILLS pertain to those that serve a private interest or concern emergency
like granting some form of recognition or honor to private individuals. EXCEPTION 2: When Congress convenes to call for a special
election to elect the President and Vice-President
GENERAL APPROPRIATIONS ACT, limitations
BICAMERAL CONFERENCE COMMITTEE
a. May not increase the appropriations recommended by the
- Composed of equal number of members from the Senate and HOR
President
to made reccomendations to their respective chambers on how to
b. No provision that does not relate specifically to particular
reconcile the two versions if the bill
appropriations; no riders
- Granted blanket authority to negotiate and reconcile the bill
c. Same procedure od approval for Legislative budget
- Conference Committee Report is submitted to plenary for
d. Transfer of funds from one department to the other is not allowed;
approval
violates separation of powers
e. Unused balance/surplus reverts back to general fund; may not be
ENGROSSMENT OR ENROLLMENT
spent unless reappropriated
- Enrolled bill bears the certification of the Senate President and
f. Reenactment of previous GAA in case of failure to pass a GAA
House Speaker that the enrolled copy is the version passed by each
for ensuing year
House
SPECIAL APPROPRIATIONS BILL is one that meets a new need or is
APPROVAL BY THE PRESIDENT
designed for a specific purposed; must specify purpose and supported by
Ways a bill becomes a law with respect to presidential action
funds actually available or to be raised by a revenue proposal
1. Upon approval of the President
2. Vetoed, but the veto is overridden by 2/3 vote of all members in
In case of appropriations, revenue or tariff bills, the President may veto
both Houses
any particular item or items, without vetoing the other item or items to
3. Upon failure of the President to act on the bill within 30 days from
which he does not object.
the day of receipt
He may disapprove an item without rejecting the entire budget.
VETO POWER OF THE PRESIDENT
With respect to each item, he may not approve one part and
- No pocket veto. POCKET VETO is one by which the President
disapprove the other part.
secures the disapproval of a bill of Congress by mere inaction after
the adjournment of Congress
DELEGATION OF TAX POWERS
- No Selective Veto. Only applicable for appropriations, revenue or
GENERAL RULE: The power to tax is inherently legislative and non-
tariff bills.
delegable.
Tariff powers to the President
NO LEGISLATIVE VETO
Taxing powers to Local Legislatures
Legislative veto exists when Congress purports to give power to an executive
agency or official, but keeps for itself the power to control or invalidate the
Section 26.
ensuing executive action
1. Every bill passed by the Congress shall embrace only one
subject which shall be expressed in the title thereof.
Section 27.
2. No bill passed by either House shall become a law unless it 1. Every bill passed by the Congress shall, before it becomes a
has passed three readings on separate days, and printed law, be presented to the President. If he approves the same
copies thereof in its final form have been distributed to its he shall sign it; otherwise, he shall veto it and return the
Members three days before its passage, except when the same with his objections to the House where it originated,
President certifies to the necessity of its immediate which shall enter the objections at large in its Journal and
enactment to meet a public calamity or emergency. Upon proceed to reconsider it. If, after such reconsideration, two-
the last reading of a bill, no amendment thereto shall be thirds of all the Members of such House shall agree to pass
allowed, and the vote thereon shall be taken immediately the bill, it shall be sent, together with the objections, to the
thereafter, and the yeas and nays entered in the Journal. other House by which it shall likewise be reconsidered, and
if approved by two-thirds of all the Members of that House,
The title must fairly indicate the general subject and reasonably cover all the it shall become a law. In all such cases, the votes of each
House shall be determined by yeas or nays, and the names
provisions of the act so as not to mislead the legislature or the people.
of the Members voting for or against shall be entered in its
Journal. The President shall communicate his veto of any
The provisions may be diverse as long as they are not inconsistent or foreign bill to the House where it originated within thirty days
to the general subject matter, and may be considered to be in furtherance of after the date of receipt thereof, otherwise, it shall become
such subject. a law as if he had signed it.
LEGISLATIVE PROCESS 2. The President shall have the power to veto any particular
1. Three Readings item or items in an appropriation, revenue, or tariff bill,
2. Bicameral Conference Committee but the veto shall not affect the item or items to which he
3. Engrossment or Enrollment does not object.
4. Approval by the President
THREE READINGS. A congressman or senator may file a bill which Section 28.
undergoes three readings in each House for separate days. 1. The rule of taxation shall be uniform and equitable. The
a. May be passed jointly when Congress is in Joint Session Congress shall evolve a progressive system of taxation.
2. The Congress may, by law, authorize the President to fix - All certificates to be opened in the presence of the
within specified limits, and subject to such limitations and senate and HOR in joint public session
restrictions as it may impose, tariff rates, import and - It is not within the competence of Congress to refuse to
export quotas, tonnage and wharfage dues, and other count duly certified certificates of canvass on the
duties or imposts within the framework of the national suspicion of some irregularity
development program of the Government. - It is the Presidential Electoral Tribunal, upon the
institution of the appropriate action, that has the power
3. Charitable institutions, churches and personages or
to determine whether or not said duly certified election
convents appurtenant thereto, mosques, non-profit
returns have been irregularly prepared or tampered with
cemeteries, and all lands, buildings, and improvements,
actually, directly, and exclusively used for religious, - Congress as board of canvassers has not and cannot
charitable, or educational purposes shall be exempt from adjourn sine die until it has accomplished its
taxation. constitutionally mandated task; its composition may
change but it retains its authority as a board of
4. No law granting any tax exemption shall be passed without canvassers until it has accomplished its purpose
the concurrence of a majority of all the Members of the 2. Call a special election in case of vacancy in the offices of
Congress President or Vice President
- More than 18 months before the day of the next
Uniformity in taxation means that all taxable articles or kinds of property, of regular election, congress convenes at 10am of the
the same class, shall be taxed at the same rate. third day after the vacancy
- With 7days it shall enact a law calling for a special
TAX EXEMPTIONS election to be held between 45 to 60 days from the day
1. Religious and charitable institutions of such call; election cannot be postponed; Congress as
2. Non-stock non-profit educational institutions Board of Canvassers after 30 days from election
Section 29. 3. Decide the disability of the President because the Cabinet
1. No money shall be paid out of the Treasury except in disputes his assertion that he is able to discharge his duties
pursuance of an appropriation made by law. a. President declares inability. VP shall be Acting President;
President reassumes office when he transmits a written
2. No public money or property shall be appropriated, declaration that he is able to discharge his powers and duties
applied, paid, or employed, directly or indirectly, for the b. FIRST DECLATION. Majority of Cabinet declares
use, benefit, or support of any sect, church, denomination,
inability of President. Upon transmittal, VP assumes as
sectarian institution, or system of religion, or of any priest,
preacher, minister, other religious teacher, or dignitary as Acting President; President resumes if he contests this
such, except when such priest, preacher, minister, or through a written declaration that no inability exists to SP
dignitary is assigned to the armed forces, or to any penal and Speaker
institution, or government orphanage or leprosarium. c. CONGRESS ACTING ON SECOND DECLARATION.
Cabinet contests declaration of President that no inability
3. All money collected on any tax levied for a special purpose exists. Send second declaration within five day when the
shall be treated as a special fund and paid out for such President transmitted written declaration; Congress comes in
purpose only. If the purpose for which a special fund was as judges of the President’s ability; convene with 10 days if
created has been fulfilled or abandoned, the balance, if any, in session, 12 days, if not in session; 2/3 of each house
shall be transferred to the general funds of the voting separately is required to declare the President’s
Government. inability
Section 30. No law shall be passed increasing the appellate 4. Legislative veto or extension of the suspension of the privilege
jurisdiction of the Supreme Court as provided in this Constitution of the writ of habeas corpus
without its advice and concurrence.
- Congress convenes within 24 hours from the
proclamation or suspension
Section 31. No law granting a title of royalty or nobility shall be
enacted. - President submits report within 48 hours from
proclamation or suspension
SUBSTANTIVE LIMITATIONS TO LEGISLATIVE POWER - Two possible actions of Congress
1. Bill of Rights 1. REVOKE the proclamation or suspension
2. Title of the Bill (cannot be set aside by the President)
3. Requirement of Appropriation Measures 2. EXTEND the proclamation beyond 60 days (if
4. Appellate Jurisdiction of the Supreme Court causes of the proclamation or suspension persist)
5. Title of Royalty or Nobility
6. Invalid Delegation of Legislative Powers 5. Approval of presidential amnesties
7. Irrepealable Laws - The concurrence of Congress was deemed necessary as
there might be a need to enact a law that will address
Section 32. The Congress shall, as early as possible, provide for a the causes of or reasons for the commission of the
system of initiative and referendum, and the exceptions therefrom, offense. Congress might have to provide for funding or
whereby the people can directly propose and enact laws or approve or set-up necessary structures aimed at rehabilitating and
reject any act or law or part thereof passed by the Congress or local assisting the individuals granted amnesty.
legislative body after the registration of a petition therefor signed by
at least ten per centum of the total number of registered voters, of 6. Concurrence in treaties
which every legislative district must be represented by at least three - 2/3 of all the members of Senate should concur.
per centum of the registered voters thereof. - Executive Agreements do not need senate concurrence.
SECTION 8. In case of death, permanent disability, removal from SUCCESSION (VACANCY IN THE PRESIDENT)
office, or resignation of the President, the Vice-President shall become 1. VACANCY AT THE BEGINNING OF THE TERM
the President to serve the unexpired term. In case of death, a. In case of death or permanent disability of the President:
permanent disability, removal from office, or resignation of both the The Vice President elect shall become President
President and Vice-President, the President of the Senate or, in case b. If the President-elect fails to qualify: Vice President-elect
of his inability, the Speaker of the House of Representatives, shall
shall act as President until a President shall have been chosen
then act as President until the President or Vice-President shall have
been elected and qualified. and qualified
c. If a President shall not have been chosen: The Vice
The Congress shall, by law, provide who shall serve as President in President-elect shall act as President until a President shall
case of death, permanent disability, or resignation of the Acting have been chosen and qualified
President. He shall serve until the President or the Vice-President
shall have been elected and qualified, and be subject to the same d. Both President and Vice President were not chosen or
restrictions of powers and disqualifications as the Acting President. qualified, or both shall have died or become permanently
disabled: Senate President or in case of disability, Speaker
SECTION 9. Whenever there is a vacancy in the Office of the Vice- of the House shall act as President until a President or Vice
President during the term for which he was elected, the President President shall have been chosen or qualified
shall nominate a Vice-President from among the Members of the e. Inability of Senate President and House Speaker:
Senate and the House of Representatives who shall assume office Congress shall, by law, provide for a manner in which one
upon confirmation by a majority vote of all the Members of both
who is to act as President shall be selected until a President
Houses of the Congress, voting separately.
or a Vice President shall have qualified
SECTION 10. The Congress shall, at ten o'clock in the morning of the
third day after the vacancy in the offices of the President and Vice- 2. VACANCY DURING THE TERM
President occurs, convene in accordance with its rules without need of INSTANCES on Presidential Succession (where the President
a call and within seven days, enact a law calling for a special election is NOT merely Acting President)
to elect a President and a Vice-President to be held not earlier than a. Death
forty-five days nor later than sixty days from the time of such call. b. Permanent Disability
The bill calling such special election shall be deemed certified under c. Removal from Office
paragraph 2, Section 26, Article V1 of this Constitution and shall d. Resignation
become law upon its approval on third reading by the Congress.
Appropriations for the special election shall be charged against any The validity of Resignation is not governed by any formal
current appropriations and shall be exempt from the requirements of requirement as to form. It can be oral. It can be written. It can be
paragraph 4, Section 25, Article V1 of this Constitution. The
express. It can be implied. As long as the resignation is clear, it
convening of the Congress cannot be suspended nor the special
must be given legal effect.
election postponed. No special election shall be called if the vacancy
occurs within eighteen months before the date of the next presidential
election. ELEMENTS (Estrada v Desierto, GR 146710-15, (2001))
a. There must be intent to resign
SECTION 11. Whenever the President transmits to the President of b. It must be coupled with acts if relinquishment
the Senate and the Speaker of the House of Representatives his
written declaration that he is unable to discharge the powers and 3. TEMPORARY DISABILITY: The President takes a “leave of
duties of his office, and until he transmits to them a written absence” and the Vice President temporarily acts as President
declaration to the contrary, such powers and duties shall be
discharged by the Vice-President as Acting President. May be established:
Whenever a majority of all the Members of the Cabinet transmit to a. By a written declaration made by the President himself as to
the President of the Senate and to the Speaker of the House of his inability
Representatives their written declaration that the President is unable
b. By a written declaration by the Cabinet that the President is
to discharge the powers and duties of his office, the Vice-President
unable to discharge the functions of his office
shall immediately assume the powers and duties of the office as Acting
President. c. In the event of disagreement between the President and the
Cabinet, by a finding of Congress by 2/3 vote that the
Thereafter, when the President transmits to the President of the President is disabled
Senate and to the Speaker of the House of Representatives his written
declaration that no inability exists, he shall reassume the powers and Check discussions in Legislative.
duties of his office. Meanwhile, should a majority of all the Members
of the Cabinet transmit within five days to the President of the Senate 4. SERIOUS ILLNESS OF THE PRESIDENT: Does not result to
and to the Speaker of the House of Representatives, their written vacancy because the Cabinet members in charge of national
declaration that the President is unable to discharge the powers and security and foreign relations can still access of the President.
duties of his office, the Congress shall decide the issue. For that
purpose, the Congress shall convene, if it is not in session, within The public shall be informed of the state of his health.
forty-eight hours, in accordance with its rules and without need of
call.
VACANCY IN THE VICE PRESIDENT or be financially interested in any contract with, or in any franchise,
1. There is NO ACTING VICE PRESIDENT because the VP has or special privilege granted by the Government or any subdivision,
no real functions under the Constitution agency, or instrumentality thereof, including government-owned or
2. If the VP assumes as President, there is vacancy in the VP controlled corporations or their subsidiaries. They shall strictly avoid
position. The President nominates a member of Senate or HOR conflict of interest in the conduct of their office.
as VP who shall assume office upon confirmation of all members
of both Houses, voting separately.
PRIVILEGES, INHIBITIONS, AND DISQUALIFICATIONS Forbidden Office. Even if a member of Congress is willing to forfeit his seat
1. Presidential Immunity therein, he may not be appointed to any civil office in the government that has
- Rationale for the immunity is to assure exercise of been created or the emoluments thereof have been increased while he was
presidential duties and functions free from any hindrance or incumbent in the legislature.
distraction considering that it is a job that requires the Chief
Executive’s time as well as undivided attention.
- While the President is immune from suit, she may not be POWERS AND FUNCTIONS
prevented from instituting it. However, such privilege may 1. Execution of Laws
be waived solely on the President’s prerogative. 2. Control of Executive Departments
- A non-seating President cannot enjoy immunity from suit for 3. Ordinance Power
criminal acts committed during incumbency. 4. General Supervision of Local Governments and Autonomous
- Acts of alter-ego is not the act of the President. Regions
- Presidential actions may be questioned maybe questioned 5. Power of Appointments
before the courts where there is grave abuse discretion 6. Removal Power
amounting to lack or excess in jurisdiction. 7. Pardoning Power
8. Power as Commander-in-Chief
2. Presidential Privilege a. Call-out the AFP to prevent or suppress lawless violence,
- Executive Privilege is properly invoked in relation to invasion or rebellion
specific categories of information and not to categories of b. Suspend the privilege of the writ of habeas corpus
persons. Only the President (and the Executive Secretary by c. Proclaim martial law over the entire Philippines or any
order of the President) can invoke the privilege. part thereof
- Requisites for Validity of Claim for Executive Privilege 9. Emergency Powers
1. Quintessential and non-delegable presidential power; the 10. Power to Contract and Guarantee Foreign Loans
power subject of legislative inquiry must be expressly 11. Power over Foreign Affairs
granted by the Constitution to the President a. Treaty Making Power
2. Operational Proximity Test. It must be authored, solicited, b. Deportation of Undesirable Aliens
and received by a close advisor of the President or the 12. Executive Privilege
President himself 13. Power over Legislation
3. No adequate need. The privilege may be overcome by a a. Address Congress
showing of adequate need, such that the information sought b. Prepare and Submit Budget
“likely contains important evidence” and by the c. Veto Power
unavailability of the information elsewhere by an appropriate d. Fixing of Tariff Rates
investigating authority 14. Immunity from Suit
1987 CONSTITUTION, ARTICLE VII RESIDUAL POWERS are implicit in and correlative to the paramount duty
SECTION13. The President, Vice-President, the Members of the residing in the Office to safeguard and protect general welfare.
Cabinet, and their deputies or assistants shall not, unless otherwise
provided in this Constitution, hold any other office or employment 1987 CONSTITUTION, ARTICLE VII
during their tenure. They shall not, during said tenure, directly or
indirectly, practice any other profession, participate in any business, SECTION 17. The President shall have control of all the executive
departments, bureaus, and offices. He shall ensure that the laws be
faithfully executed. The President shall have the power to make appointments during the
recess of the Congress, whether voluntary or compulsory, but such
2. CONTROL OF EXECUTIVE DEPARTMENTS appointments shall be effective only until disapproved by the
Each department is headed by a Secretary who shall assume the burden and Commission on Appointments or until the next adjournment of the
responsibility of all the activities of the Government under his control and Congress.
supervision.
5. POWER TO APPOINT
CONTROL is the power to substitute one’s own judgment for that of a APPOINTMENT is the act of designation by the executive officer, board or
subordinate for that of a subordinate body to whom that power has been delegated, of the individual who is to
exercise the functions of a given office
DOCTRINE OF QUALIFIED POLITICAL AGENCY. The different
executive departments are mere adjunct of the President. The secretaries are Appointment is intrinsically an executive prerogative upon which Congress
the designated alter egos of the President whom he has designated to assist may impose no limitations, except those resulting from the need of securing
him in his otherwise physically impossible multifarious functions the concurrence of the Commission on Appointments
The President may substitute his will over those of the Secretaries, and they
cannot complain. They hold their office subject to the discretion of the PRESIDENTIAL APPOINTMENTS SUBJECT TO CONFIRMATION
President who can replace them anytime once he loses his confidence in them. BY THE COMMISSION ON APPOINTMENTS
1. Head of Executive Departments
3. ORDINANCE POWERS 2. Ambassadors, other public ministers, and consuls
EO 292 or the Administrative Code of 1987 provides for the power of the 3. Officers of the AFP with the rank of colonel or naval captain
President to issue administrative acts and commands: 4. Other officers whose appointments are vested in the President
under the Constitutions
a. Executive Orders which are acts of the President providing for a. Chairman and Members of Constitutional Commissions
rules of a general or permanent character in implementation or b. Regular Members of the JBC
execution of constitutional or statutory powers
b. Administrative Orders relate to particular aspects of government REGULAR APPOINTMENT is made while Congress is in
operations in pursuance of his duties as administrative head Session, and is not complete unless confirmed by the Commission
c. Proclamations fix a date or declare a status or condition of public on Appointments. Confirmation is needed before the appointee
moment or interest, upon the existence of which the operation of a can take his post.
specific law or regulation is made to depend
d. Memorandum Orders concern matters of administrative detail or AD-INTERIM APPOINTMENT (aka RECESS
of subordinate or temporary interest which only concern a APPOINTMENT) is made during the recess of Congress. The
particular officer or office of the Government appointee can take his post right away, it is complete and
e. Memorandum Circulars relate to internal administration which permanent appointment that lasts until it is disapproved by the
the President desires to bring to the attention of all or some Commission on Appointments, or until the next adjournment of
departments, agencies, bureaus or offices of the Government, for Congress, unless in the meantime the Commission confirms it.
information and compliance
f. General or Special Orders are acts and commands of the THE APPOINTING PROCESS
President in his capacity as Commander-in-Chief of the AFP 1. Nomination. Sole and voluntary act of the President; no one
can compel the President to make an appointment or appoint
1987 CONSTITUTION, ARTICLE X a particular person
SECTION 4. The President of the Philippines shall exercise general 2. Confirmation. Nomination is submitted to and approved by
supervision over local governments. the Commission on Appointments. Commission on
Appointments meets only while Congress is in session. It
SECTION 16. The President shall exercise general supervision over may confirm, reject, or bypass a nomination.
autonomous regions to ensure that laws are faithfully executed.
3. Commission. The issuance of the commission is done by the
4. GENERAL SUPERVISION OF LOCAL GOVERNMENTS AND President alone. Serves as a conclusive evidence of the
AUTONOMOUS REGIONS appointment.
LIMITATIONS ON THE APPOINTING POWER OF THE b. CONDITIONAL PARDON imposes upon the convict faithful
PRESIDENT compliance with certain requirements. The convicted person may
1. NEPOTISM. The President may not appoint the spouse and reject this if he feels that the conditions imposed are more
relatives by consanguinity or affinity within the fourth civil burdensome to him.
degree during his tenure as:
a. members of Constitutional Commissions, Violation of the conditions would bring back the offender to the
b. members of Office of the Ombudsman, or exact situation he was in before the pardon. Mere commission (not
c. as Secretaries, Undersecretaries, Chairmen or heads of necessarily conviction) of any other crime is enough to constitute
bureaus, including GOCC and their subsidiaries violation of the conditions.
2. MIDNIGHT APPOINTMENTS. Within two months COMMUTATION is the substitution of a less for a greater punishments, by
immediately before the next Presidential Election up to the end of authority of law, and may be imposed on the convict without his acceptance
his term, President shall not make appointments and against his consent
EXCEPTION: except temporary appointments to
executive positions when continued vacancies therein REPRIEVE or RESPITE is the withholding of a sentence for an interval of
will prejudice public service or endanger public safety time, a postponement of execution
(Note: The SC can also suspend the execution of their judgments, a valid
LIMITATIONS ON THE APPOINTING POWER OF ACTING exercise of judicial power)
PRESIDENT
1. REVOKED BY PRESIDENT. Appointments extended by an AMNESTY is a sovereign act granting oblivion or general pardon for past
Acting President shall remain effective unless revoked by the acts, granted by a government generally to a class of persons who are subject
elected President within 90 days from his assumption of re- to trial and have not been convicted, usually for political offenses
assumption of office
PROBATION involves a disposition under which a defendant, after
2. MIDNIGHT APPOINTMENTS. conviction and before serving sentence, is released subject to conditions
imposed by the court and to the supervision of a probation officer
6. REMOVAL POWER The restoration of the probationer to his civil rights takes place only after his
Possessed by the President by virtue of the following: final discharge after the period of his probation.
a. His power to appoint
b. Constitutional provision vesting the executive power to the PAROLE is the suspension of a sentence of a convict granted by the Board
President of Pardons and Parole after serving the minimum term of the intermediate
c. His function to take care that the laws be faithfully executed sentence penalty, without granting a pardon, prescribing the terms upon
d. His control over the administrative which the sentence shall be suspended and convict temporarily released
Not all officials appointed by the President may be removed by him. The power to grant pardon (subject to conditions and restrictions)
a. members of the Supreme Court, Ombudsman and deputies, includes the power to revoke it.
Members of Constitutional Commission have fixed tenure and
removable only by impeachment LIMITATIONS
b. judges of inferior courts are subject to the disciplinary authority of 1. A person removed from office by way of impeachment cannot be
the Supreme Court granted pardon
EXCEPTION: After the officer impeached is
When the power of removal is lodged in the President, the same may be subjected to prosecution and convicted for an ordinary
exercised only for cause provided by law and in accordance with the criminal action, he can still be given a pardon for that
prescribed administrative procedure conviction
EXCEPTION: members of the Cabinet and other executive
officials whose term of office is determined at the pleasure of the 2. No pardon, amnesty, parole, or suspension of sentence for
President violation of election laws, rules, and regulations shall be granted
by the President without the favorable recommendation of
1987 CONSTITUTION, ARTICLE VII COMELEC
3. The President shall have the power to grant amnesty with the
SECTION 19. Except in cases of impeachment, or as otherwise concurrence of a majority of the members of Congress
provided in this Constitution, the President may grant reprieves, 4. Pardoning power can only be exercised after conviction by final
commutations, and pardons, and remit fines and forfeitures, after
judgment.
conviction by final judgment.
5. A person convicted by legislative contempt cannot be granted
He shall also have the power to grant amnesty with the concurrence pardon. (Violation of separation of powers)
of a majority of all the Members of the Congress. Person convicted under the RPC for disturbing
parliamentary proceedings may be pardoned by the
President.
7. PARDONING POWER 6. The civil liability of the convicted person may not be the subject
of pardon or remission. These pertain to the private offended
PARDON is an act of grace, proceeding from the power intrusted with the parties and not to the state.
execution of the laws which exempts the individual on whom it is bestowed 7. Pardon does not work to restore offices forfeited.
from the punishment the law inflicts for a crime he has committed; It is a 8. Pardon may be given in administrative cases.
remission of guilt, a forgiveness of the offense 9. President may pardon criminal contempt.
Criminal Contempt is a conduct that is directed against the Applies only to persons “judicially charged” for
authority and dignity of a court or of a judge acting judicially, as rebellion or offenses inherent in or directly connected
in unlawfully assailing or discrediting the authority and dignity of to invasion or rebellion
the court or judge, or in doing a duly forbidden act Person detained without being charged should be
10. President cannot pardon civil contempt. charged within 3 days
11. Pardoning power is not subject to judicial review. GENERAL RULE: No person can be arrested without
12. Pardoning power is not subject to legislative control. a warrant of arrest issued by a court of law
EXCEPTION: 1) if arrest was made in
connection with a crime committed in the
1987 CONSTITUTION ARTICLE VII presence of the detaining officer, 2) if the
privilege of the writ of habeas corpus were
SECTION 18. The President shall be the Commander-in-Chief of all suspended
armed forces of the Philippines and whenever it becomes necessary, Suspension of the Writ extends the period by which a
he may call out such armed forces to prevent or suppress lawless
public officer may detain a person without warrant
violence, invasion or rebellion. In case of invasion or rebellion, when
the public safety requires it, he may, for a period not exceeding sixty from 12, 18, or 36 (depending on the offense) to 72
days, suspend the privilege of the writ of habeas corpus or place the hours
Philippines or any part thereof under martial law. Within forty-eight If the person is not judicially charged or released after
hours from the proclamation of martial law or the suspension of the 72 hours, the officer may become liable under Art 125
privilege of the writ of habeas corpus, the President shall submit a RPC for delay of delivery of detained persons
report in person or in writing to the Congress. The Congress, voting The right to bail is not suspended
jointly, by a vote of at least a majority of all its Members in regular or
special session, may revoke such proclamation or suspension, which PROCLAIM MARTIAL LAW
revocation shall not be set aside by the President. Upon the initiative - No new powers are given to the President and no civil rights are
of the President, the Congress may, in the same manner, extend such suspended
proclamation or suspension for a period to be determined by the
- REQUISITES
Congress, if the invasion or rebellion shall persist and public safety
1. There must be invasion or rebellion, and
requires it.
2. Public safety requires the proclamation of martial law all
The Congress, if not in session, shall, within twenty-four hours over the Philippines or any part thereof
following such proclamation or suspension, convene in accordance - Declaration of STATE OF REBELLION is an utter superfluity
with its rules without need of a call. devoid of any legal significance which, at most, only gives notice
to the naton that such a state exists and that the ADP may be called
The Supreme Court may review, in an appropriate proceeding filed to prevent or suppress it
by any citizen, the sufficiency of the factual basis of the proclamation - EFFECTS OF PROCLAMATION OF MARIAL LAW
of martial law or the suspension of the privilege of the writ or the The operation of the Constitution, functioning of civil
extension thereof, and must promulgate its decision thereon within courts and legislative assemblies cannot be suspended
thirty days from its filing.
Cannot shut down civil institutions
A state of martial law does not suspend the operation of the Military courts cannot try cases against civilians where
Constitution, nor supplant the functioning of the civil courts or civil courts are open and functioning
legislative assemblies, nor authorize the conferment of jurisdiction on Proclamation of Martial Law does not automatically
military courts and agencies over civilians where civil courts are able suspend the privilege of the Writ of Habeas Corpus
to function, nor automatically suspend the privilege of the writ. President may both proclaim martial law and suspend
the privilege but he must do them expressly and
The suspension of the privilege of the writ shall apply only to persons separately
judicially charged for rebellion or offenses inherent in or directly
connected with invasion. ROLE OF CONGRESS
a. When the President proclaims martial law or suspends the
During the suspension of the privilege of the writ, any person thus
privilege of the writ, such proclamation or suspension shall be
arrested or detained shall be judicially charged within three days,
valid for 60 days unless sooner revoked by Congress.
otherwise he shall be released.
b. Upon proclamation or suspension, Congress shall convene at once.
8. POWER AS COMMANDER-IN-CHIEF If not in session, it will convene within 24 hours.
CALL-OUT THE ARMED FORCES TO PREVENT OR SUPPRESS, c. Within 48 hours, the President shall submit a report in person or in
LAWLESS VIOLENCE, INVASION OR REBELLION writing on the action he has taken.
- Factual basis may not be reviewed by the Judiciary
- Judicial review applies only if the power was exercised due to d. Congress shall vote jointly by absolute majority to either
grave abuse of discretion 1. Revoke such proclamation or suspension
2. Extend it beyond the 60-day period, based upon the
SUSPEND THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS request/initiative of the President
- WRIT OF HABEAS CORPUS is an order from the court
ROLE OF THE SUPREME COURT
directed to a person detaining another commanding him to
a. SC may review the sufficiency of the factual basis of the
produce the body of the detained person in his custody at the
proclamation of martial law or the suspension of the privilege of
designated date, time and place, and to explain the cause of
the writ of habeas corpus, or the extension thereof
detention
b. The question is WON President or Congress acted arbitrarily as to
- Only the privilege, not the writ is suspended, so when the court
amount to grave abuse of discretion amounting to lack or excess of
receives an application for the writ in proper form, it will issue the
jurisdiction; not correctness but arbitrariness
writ as a matter of course. If it finds the that the cause of
apprehension or detention are included in the suspension, the
proceedings will be suspended
1987 CONSTITUTION ARTICLE VI
- REQUISITES FOR VALID EXERCISE
1. There must be invasion or rebellion, and SECTION 23 (2) In times of war or other national emergency, the
2. The public safety requires the suspension Congress may, by law, authorize the President, for a limited period
- EFFECTS OF THE SUSPENSION OF THE PRIVILEGE
and subject to such restrictions as it may prescribe, to exercise powers
necessary and proper to carry out a declared national policy. Unless TREATIES are normal documents involving political issues
sooner withdrawn by resolution of the Congress, such powers shall or questions of national policy which are of a more
cease upon the next adjournment thereof. permanent character which require the ratification or
approval of Senate
9. EMERGENCY POWERS
Includes grant of power to issue rules and regulations to carry-out a declared Concurrence of 2/3 of Senate is required so that a treaty
national policy for a limited period of time. entered into by the President becomes binding.
EXCEPTION: Executive Agreements do not
The power ceases either require concurrence of Senate.
a. Upon the next adjournment of Congress
b. If Congress, by Resolution, withdraws such power b. Deportation of Undesirable Aliens
The President is the sole judge of the facts and circumstances
To grant the powers, Congress needs to pass a law. To withdraw it, only a which require the deportation of aliens and cannot be
resolution is required. required to show reasonable grounds for his belief to a court
of justice.
CONDITIONS FOR A VALID EXERCISE
1. There must be a war or other national emergency Preventive not penal in nature.
2. Congress, by law, grants emergency powers for a limited period of
time. Ceases upon withdrawal or adjournment of Congress 12. EXECUTIVE PRIVILEGE
3. Subject to restrictions as Congress may prescribe It is the right of the President and high-level executive branch officers to
4. For the purpose of carrying out a declared national policy withhold information from Congress, the courts, and ultimately the public.
See notes above
1987 CONSTITUTION
13. POWER OVER LEGISLATION
ARTICLE VII SECTION 20. The President may contract or a. Address Congress
guarantee foreign loans on behalf of the Republic of the Philippines 1987 CONSTITUTION ARTICLE VII
with the prior concurrence of the Monetary Board, and subject to
such limitations as may be provided by law. The Monetary Board SECTION 23. The President shall address the Congress at the
shall, within thirty days from the end of every quarter of the calendar opening of its regular session. He may also appear before it at any
year, submit to the Congress a complete report of its decision on other time.
applications for loans to be contracted or guaranteed by the
Government or government-owned and controlled corporations
which would have the effect of increasing the foreign debt, and
b. Prepare and Submit Budget
containing other matters as may be provided by law.
1987 CONSTITUTION ARTICLE VII
ARTICLE XII SECTION 21. Foreign loans may only be incurred in
accordance with law and the regulation of the monetary authority. SECTION 22. The President shall submit to the Congress, within
Information on foreign loans obtained or guaranteed by the thirty days from the opening of every regular session as the basis of
Government shall be made available to the public. the general appropriations bill, a budget of expenditures and sources
of financing, including receipts from existing and proposed revenue
Section 24. All appropriation, revenue or tariff bills, bills authorizing measures.
increase of the public debt, bills of local application, and private bills,
shall originate exclusively in the House of Representatives, but the
Senate may propose or concur with amendments. BUDGET is the plan indicating the expenditures of government,
sources of financing, and receipts for revenue-raising measures. It
sets the upper limit of the appropriations bill to be passed by
10. POWER TO CONTRACT AND GUARANTEE FOREIGN LOANS Congress.
1. The President has the power to contract or guarantee foreign loans
that increase public debt c. Veto Power (Article VI, Section 27, see Legislative)
2. Requires concurrence of the Monetary Board
3. Subject to limitations set by Congress; RA 4860 or Foreign Loans GENERAL RULE: All bills must be approved by the
Act President before they become a law
EXCEPTIONS:
1987 CONSTITUTION ARTICLE VII 1. when the veto of the President is overridden
by a 2/3 votes
SECTION 21. No treaty or international agreement shall be valid and 2. bill passed is for the election of President
effective unless concurred in by at least two-thirds of all the Members and Vice-President
of the Senate.
3. Fixing of Tariff Rates (Article VI Section 28 (2), see
Legislative)
11. POWER OVER FOREIGN AFFAIRS Reason of the delegation is the highly technical nature of
a. Treaty Making Power international commerce and the need to constantly and with
President as Head of State, hence, spokesman in foreign relative ease adapt the rates to prevailing commercial
relations standards.
President and his subalterns cannot be compelled to publicly 13. IMMUNITY FROM SUIT (See discussions above)
reveal the official government position when it is still in the
process of negotiation. (An essential characteristic of
diplomacy is secrecy.)
CONSTITUTIONAL COMMISSIONS
CIVIL SERVICE COMISSION COMMISSION ON ELECTION COMMISSION ON AUDIT
COMPOSITION 1 Chairman 1 Chairman 1 Chairman
2 Commissioners 6 Commissioners 2 Commissioners
QUALIFICATION a. Natural born citizens a. Natural born citizens a. Natural born citizens
b. At least 34 years at the time of the b. At least 34 years at the time of the b. At least 34 years at the time of the
appointment appointment appointment
c. Not candidates for any elective c. Not candidates for any elective c. Not candidates for any elective
position in the election immediately position in the election immediately position in the election immediately
preceding appointment preceding appointment preceding appointment
d. With proven capacity for public d. Holders of college degrees d. Certified Public Accountant with at
administration least 10 years of auditing experience
or a lawyer who practiced law for at
least 10 years
Majority, including the Chairman, must be At no time shall all Members of the
members of the Philippine Bar and Commission belong to the same
practiced law for at least 10 years profession
TERM Seven years without reappointment Seven years without reappointment Seven years without reappointment
APPOINTMENT Appointed by the President and needs the Appointed by the President and needs the Appointed by the President and needs the
confirmation of the Committee on confirmation of the Committee on confirmation of the Committee on
Appointments Appointments Appointments
Appointment to any vacancy shall be only Appointment to any vacancy shall be only Appointment to any vacancy shall be only
for the unexpired portion of the term of for the unexpired portion of the term of the for the unexpired portion of the term of
the predecessor predecessor the predecessor
DISQUALIFICATI Same as President and VP and members Same as President and VP and members of Same as President and VP and members
ON of Congress Congress of Congress
Hold any other office or employment Hold any other office or employment Hold any other office or employment
Engage in the practice of any profession Engage in the practice of any profession Engage in the practice of any profession
Enaage in the active management or Enaage in the active management or control Enaage in the active management or
control of any business which in any way of any business which in any way may be control of any business which in any way
may be affected by functions of his office affected by functions of his office may be affected by functions of his office
FISCAL Enjoy fiscal autonomy, subject to past- Enjoy fiscal autonomy, subject to past-audit Enjoy fiscal autonomy, subject to past-
AUTONOMY audit by COA; Approved annual by COA; Approved annual appropriations audit by COA; Approved annual
appropriations shall be automatically and shall be automatically and regularly appropriations shall be automatically and
regularly released released regularly released
RULE MAKING En banc may promulgate its own En banc may promulgate its own En banc may promulgate its own
procedural rules, provided they do not procedural rules, provided they do not procedural rules, provided they do not
diminish, increase or modify substantive diminish, increase or modify substantive diminish, increase or modify substantive
rights rights rights
Subject to the disapproval of the Supreme Subject to the disapproval of the Supreme Subject to the disapproval of the Supreme
Court Court Court
DECISIONS Decide by majority vote of all members Decide by majority vote of all members Decide by majority vote of all members
within 60 days from the date of its within 60 days from the date of its within 60 days from the date of its
submission submission submission
APPEALS Petition for review on certiorari to the Petition for review on certiorari to the Petition for review on certiorari to the
Supreme Court within 30 days from Supreme Court within 30 days from receipt Supreme Court within 30 days from
receipt receipt
ARTICLE IX-B SECTION 4. All public officers and employees shall SECTION 2 (3). No officer or employee of the civil service shall be
take an oath or affirmation to uphold and defend this Constitution. removed or suspended except for cause provided by law.
SECTION 2.
1. The Commission on Audit shall have the power, authority,
and duty to examine, audit, and settle all accounts
pertaining to the revenue and receipts of, and expenditures
or uses of funds and property, owned or held in trust by, or
pertaining to, the Government, or any of its subdivisions,
agencies, or instrumentalities, including government-
owned or controlled corporations with original charters,
and on a post- audit basis:
- FUNCTIONS
1. provide policy direction in the areas of money, banking, and
credit.
2. have supervision over the operations of banks
3. exercise such regulatory powers as may be provided by law
over the operations of finance companies and other
institutions performing similar functions.
4. Pass regulations concerning the incurring of foreign loans
5. Concur with the President, through the Monetary Board, on
all foreign loans subject to such limitations as may be
provided by law
6. within thirty days from the end of every quarter of the
calendar year, submit to the Congress a complete report of its
decision on applications for loans to be contracted or
guaranteed by the Government or government-owned and
controlled corporations which would have the effect of
increasing the foreign debt, and containing other matters as
may be provided by law.
- FUNCTIONS
1. after consultations with the appropriate public agencies,
various private sectors, and local government units,
recommend to Congress, and implement continuing
NATIONAL COMMISSIONS 8. Grant immunity from prosecution to any person whose
testimony or whose possession of documents or other
COMMISSION ON HUMAN RIGHTS evidence is necessary or convenient to determine the truth in
1987 CONSTITUTION ARTICLE XIIi any investigation conducted by it or under its authority;
- COMPOSITION
1. Chairman
2. 4 Members NATIONAL POLICE COMMISSION
1987 CONSTITUTION ARTICLE XVI
- QUALIFICATION
1. natural-born citizens of the Philippines SECTION 6. The State shall establish and maintain one police force,
2. a majority of whom shall be members of the Bar. which shall be national in scope and civilian in character, to be
administered and controlled by a national police commission. The
3. as maybe provided by law
authority of local executives over the police units in their jurisdiction
shall be provided by law.
- TERM to be provided by law
1987 CONSTITUTION
ADHERENCE TO INTERNATIONAL LAW
ARTICLE II SECTION 1. The Philippines is a democratic and
republican State. Sovereignty resides in the people and all RENUNCIATION OF WAR. Based on Kellogg-Brian Pact of 1928.
government authority emanates from them.
- War of aggression normally for territorial aggrandizement is
renounced.
ARTICLE V SUFFRAGE
SECTION 1. Suffrage may be exercised by all citizens of the - War to defend its honor and integrity is allowed.
Philippines, not otherwise disqualified by law, who are at least - Only Congress may declare the existence of a State of War.
eighteen years of age, and who shall have resided in the Philippines
for at least one year and in the place wherein they propose to vote, for ADOPTION OF INTERNATIONAL LAW
at least six months immediately preceding the election. No literacy, - Doctrine of Incorporation: The generally accepted principles of
property, or other substantive requirement shall be imposed on the international law become part of the law of the land without need
exercise of suffrage. of a law to be passed by Congress (followed in the Philippines)
- Doctrine of Transformation: Legislative may have to pass a
SECTION 2. The Congress shall provide a system for securing the statute adopting a treaty before it becomes part of their body of
secrecy and sanctity of the ballot as well as a system for absentee laws.
voting by qualified Filipinos abroad. - “Generally accepted principles of international law” will have
to be ascertained by the courts
The Congress shall also design a procedure for the disabled and the
illiterates to vote without the assistance of other persons. Until then,
they shall be allowed to vote under existing laws and such rules as the If there is conflict between Philippine law and international law
Commission on Elections may promulgate to protect the secrecy of 1. Harmonize the laws
the ballot. 2. If irreconcilable, Philippine law must be upheld
ARTICLE VI. SECTION 1. The legislative power shall be vested in SOFT LAWS or non-binding norms, principles and practices that influence
the Congress of the Philippines which shall consist of a Senate and a state behavior,
House of Representatives, except to the extent reserved to the people
by the provision on initiative and referendum. JUS COGENS (literally, "compelling law") refers to norms that command
peremptory authority, superseding conflicting treaties and custom; considered
peremptory in the sense that they are mandatory, do not admit derogation, and
SOVEREIGNTY OF THE PEOPLE & can be modified only by general international norms of equivalent authority
REPUBLICANISM
1987 CONSTITUTION ARTICLE II
SOVEREIGN POWER. The people are the possessors of sovereign power
and the source of all government authority, SECTION 3. Civilian authority is, at all times, supreme over the
military. The Armed Forces of the Philippines is the protector of the
People’s DIRECT exercise of sovereign power: people and the State. Its goal is to secure the sovereignty of the State
1. When they elect officials to whom they delegate the right of and the integrity of the national territory.
government
2. Participating in plebiscites
3. Initiative and referendum SUPREMACY OF CIVILIAN AUTHORITY
People’s INDIRECT exercise of sovereign power: through the medium of Mechanisms to Civilian Supremacy over Military
the duly elected and appointed public officials 1. Installation of the President who is the highest civilian authority as
the Commander-in-Chief of the Military
RULE OF MAJORITY 2. AFP members are required to swear to uphold and defend the
1. Absolute majority = 50% + 1 Constitution, which is the fundamental law of the civil government
2. Qualified majority = provided by constitution or law (e.g. 2/3 vote 3. AFP is required to have respect for people’s rights in the
of senate to concur treaty) performance of their duty
3. Plurality = highest number of votes (e.g. elections) 4. Professionalism in the AFP
5. Insulation of the AFP from partisan politics
6. Prohibition against the appointment of an AFP member in active
service to a civilian position
7. Compulsory retirement of officers without extension of service ARTICLE XIV SECTION 3 (3). At the option expressed in writing by
8. Requirement of proportional recruitment from all provinces and the parents or guardians, religion shall be allowed to be taught to
cities, so as to avoid any regional cliques from forming within their children or wards in public elementary and high schools within
AFP the regular class hours by instructors designated or approved by the
9. A 3-year limitation on the tour of duty of the Chief of Staff; religious authorities of the religion to which the children or wards
Extendible by the President in case of emergency but depends on belong, without additional cost to the Government
Congressional declaration of emergency
ARTICLE XIV SECTION 4(2). Educational institutions, other than
10. Establishment of a police force that is not only civilian in
those established by religious groups and mission boards, shall be
character but also under the local executives
owned solely by citizens of the Philippines or corporations or
associations at least sixty per centum of the capital of which is owned
1987 CONSTITUTION by such citizens. The Congress may, however, require increased
Filipino equity participation in all educational institutions. The
ARTICLE II control and administration of educational institutions shall be vested
SECTION 4. The prime duty of the Government is to serve and in citizens of the Philippines.
protect the people. The Government may call upon the people to
defend the State and, in the fulfillment thereof, all citizens may be No educational institution shall be established exclusively for aliens
required, under conditions provided by law, to render personal, and no group of aliens shall comprise more than one-third of the
military or civil service. enrollment in any school. The provisions of this sub section shall not
apply to schools established for foreign diplomatic personnel and
SECTION 5. The maintenance of peace and order, the protection of their dependents and, unless otherwise provided by law, for other
life, liberty, and property, and promotion of the general welfare are foreign temporary residents.
essential for the enjoyment by all the people of the blessings of
democracy. SEPARATION OF CHURCH AND STATE
ARTICLE XVI
Mechanism to ensure Separation of Church and State
SECTION 4. The Armed Forces of the Philippines shall be composed
of a citizen armed force which shall undergo military training and 1. Non-establishment Clause. No law shall be made respecting an
serve as may be provided by law. It shall keep a regular force establishment of religion, or prohibiting the free exercise thereof.
necessary for the security of the State. (Art II Section 5)
2. Free Exercise Clause. The free exercise and enjoyment of
religious profession and worship, without discrimination or
GOVERNMENT AS PROPTECTOR OF THE PEOPLE & preference, shall forever be allowed. (Art II Section 5)
PEOPLE AS DEFENDERS OF THE STATE 3. Religious Test Clause. No religious test shall be required for the
exercise of civil or political rights. (Art II Section 5)
A citizen cannot invoke exemption from rendering military and civil service 4. Disallowance of Religious Sector from being registered as
on the ground of religion as this provision is based on the inherent right of political party (Art IX-C, Section 2(5))
every state to existence and self-preservation.
3.
THIRD: “Has the state in achieving its legitimate purposes
used the least intrusive means possible so that the free exercise
is not infringed any more than necessary to achieve the
legitimate goal of the state?"
- The analysis requires the state to show that the means
in which it is achieving its legitimate state objective is
the least intrusive means
GENERAL RULE: Separation of State and Church
EXCEPTIONS
1. Exemption of religious institutions from taxation
2. When priests or chaplains assigned to the Armed Forces, or to any
penal institution or government orphanage or leprosarium
3. Optional religious instruction during regular class hour in public
elementary and high schools with the written request of parents;
no cost to government
4. Exemption of sectarian schools from 60% Filipino ownership
EDUCATIONAL INSTITUTIONS
1. Educational institutions shall be at least 60% Filipino owned;
Congress may increase Filipino equity
EXCEPTION: other than those established by
religious groups and mission boards
ARTICLE II SECTION 9. The State shall promote a just and ARTICLE II SECTION 11. The State values the dignity of every
dynamic social order that will ensure the prosperity and human person and guarantees full respect for human rights.
independence of the nation and free the people from poverty through
policies that provide adequate social services, promote full ARTICLE XVI SECTION 5 (2). The State shall strengthen the
employment, a rising standard of living, and an improved quality of patriotic spirit and nationalist consciousness of the military, and
life for all. respect for people's rights in the performance of their duty.
ARTICLE XIII.
A JUST AND DYNAMIC SOCIAL ORDER SECTION 17.
1. There is hereby created an independent office called the
1987 CONSTITUTION Commission on Human Rights.
ARTICLE II SECTION 10. The State shall promote social justice in 2. The Commission shall be composed of a Chairman and
all phases of national development. four Members who must be natural-born citizens of the
Philippines and a majority of whom shall be members of
ARTICLE XIII the Bar. The term of office and other qualifications and
SECTION 1. The Congress shall give highest priority to the disabilities of the Members of the Commission shall be
enactment of measures that protect and enhance the right of all the provided by law.
people to human dignity, reduce social, economic, and political
inequalities, and remove cultural inequities by equitably diffusing 3. Until this Commission is constituted, the existing
wealth and political power for the common good. Presidential Committee on Human Rights shall continue to
exercise its present functions and powers.
To this end, the State shall regulate the acquisition, ownership, use,
and disposition of property and its increments. 4. The approved annual appropriations of the Commission
shall be automatically and regularly released.
SECTION 2. The promotion of social justice shall include the
commitment to create economic opportunities based on freedom of SECTION 18. The Commission on Human Rights shall have the
initiative and self-reliance. following powers and functions:
A. THE PROMOTION OF SOCIAL JUSTICE 2. Adopt its operational guidelines and rules of procedure,
The Constitution attempts to pave the way for a reversal of the situation and and cite for contempt for violations thereof in accordance
create an atmosphere where genuine social justice may be achieved. with the Rules of Court;
SOCIAL JUSTICE is neither communism nor despotism, nor atomism nor 3. Provide appropriate legal measures for the protection of
anarchy, but it is the harmonization of laws and the equalization of the social human rights of all persons within the Philippines, as well
as Filipinos residing abroad, and provide for preventive
measures and legal aid services to the under-privileged a. Those born of Filipino mother were recognized as citizen
whose human rights have been violated or need protection; without need to elect citizenship (1973)
b. Children born before Jan 17, 1973 who elected Filipino
4. Exercise visitorial powers over jails, prisons, or detention citizenship were granted the status of a natural-born citizen
facilities; (1987)
c. Filipino women who lost their citizenship by virtue of their
5. Establish a continuing program of research, education, and marriage to an alien husband no longer lost their citizenship
information to enhance respect for the primacy of human
by that fact alone (1973)
rights;
6. Recommend to Congress effective measures to promote CASE: Secretary of Labor ordered the temporary prohibition of overseas
human rights and to provide for compensation to victims of deployment of female workers in order to protect that from certain unsavory
violations of human rights, or their families; practices of employers in foreign lands. The order was question in the
argument that the order violates due process and equal protection clauses.
7. Monitor the Philippine Government's compliance with HELD: The court took judicial notice of the unhappy plight that had befallen
international treaty obligations on human rights; female labor force abroad, which was not true with male workers. Court
affirmed the validity of the order. (Philippine Association of Service
8. Grant immunity from prosecution to any person whose Exporters v Drilon, 163 SCRA 386 (1988))
testimony or whose possession of documents or other
evidence is necessary or convenient to determine the truth Requisites of a Valid Classification
in any investigation conducted by it or under its authority; 1. it must be based upon substantial distinctions,
2. it must be germane to the purposes of the law,
9. Request the assistance of any department, bureau, office,
3. it must not be limited to existing conditions only, and
or agency in the performance of its functions;
4. it must apply equally to all members of the same class.
10. Appoint its officers and employees in accordance with law;
and 1987 CONSTITUTION
11. Perform such other duties and functions as may be ARTICLE II. SECTION 23. 23. The State shall encourage non-
provided by law. governmental, community-based, or sectoral organizations that
promote the welfare of the nation.
SECTION 19. The Congress may provide for other cases of violations
of human rights that should fall within the authority of the ARTICLE XIII.
Commission, taking into account its recommendations. SECTION15. The State shall respect the role of independent people's
organizations to enable the people to pursue and protect, within the
democratic framework, their legitimate and collective interests and
RESPECT FOR HUMAN DIGNITY AND HUMAN RIGHTS aspirations through peaceful and lawful means.
SECTION 10. Urban or rural poor dwellers shall not be evicted nor REFORM IN AGRICULTURE AND OTHER NATURAL
their dwelling demolished, except in accordance with law and in a just RESOURCES
and humane manner.
- Enabling law is RA 6657 or the Comprehensive Agrarian Reform
No resettlement of urban or rural dwellers shall be undertaken Law
without adequate consultation with them and the communities where - STEWARDSHIP CONCEPT. Prudence should dictate the use
they are to be relocated. and exploitation of other resources like public land, recognizing
that there are merely held in trust for the future generations
1987 CONSTITUTION
URBAN LAND REFORM AND HOUSING ARTICLE II SECTION 18. The State affirms labor as a primary
social economic force. It shall protect the rights of workers and
LIMITATIONS OF URBAN LAND REFORM promote their welfare.
1. The rights of small property owners must be respected
2. In cases of resettlement, there must be adequate consultation with ARTICLE XIII SECTION 3. The State shall afford full protection to
the urban and rural dwellers and the communities where they are labor, local and overseas, organized and unorganized, and promote
to be relocated full employment and equality of employment opportunities for all.
Congress has passed the Urban Development and Housing Act to address
the problems attendant to eviction and relocation of squatters. ARTICLE III SECTION 8. The right of the people, including those
employed in the public and private sectors, to form unions,
Small property owners, two elements associations, or societies for purposes not contrary to law shall not be
abridged.
1. Those owners of real property whose property consists of
residential lands with an area of not more than 300 square meters ARTICLE IX-B SECTION 2(5). The right to self-organization shall
in HUCs and 800 square meters in other areas not be denied to government employees.
2. That they do not own other real properties other than the same
1987 CONSTITUTION ARTICLE XIII
PROTECTION OF LABOR
SECTION 4. The State shall, by law, undertake an agrarian reform
program founded on the right of farmers and regular farmworkers RIGHT TO FORM UNIONS is not a civil or political right but a social or
who are landless, to own directly or collectively the lands they till or,
economic right.
in the case of other farmworkers, to receive a just share of the fruits
thereof. To this end, the State shall encourage and undertake the just - Employees in the civil service may not resort to strikes, walkouts
distribution of all agricultural lands, subject to such priorities and and other temporary work stoppages to pressure the government to
reasonable retention limits as the Congress may prescribe, taking into accede to it demands; the proper venue for their grievances is the
account ecological, developmental, or equity considerations, and halls of Congress
subject to the payment of just compensation. In determining retention
limits, the State shall respect the right of small landowners. The State 1987 CONSTITUTION
shall further provide incentives for voluntary land-sharing.
ARTICLE II
SECTION 5. The State shall recognize the right of farmers, SECTION 15. The privilege of the writ of habeas corpus shall not be
farmworkers, and landowners, as well as cooperatives, and other suspended except in cases of invasion or rebellion, when the public
independent farmers' organizations to participate in the planning, safety requires it.
organization, and management of the program, and shall provide
support to agriculture through appropriate technology and research, SECTION 16. All persons shall have the right to a speedy disposition
and adequate financial, production, marketing, and other support of their cases before all judicial, quasi-judicial, or administrative
services. bodies.
SECTION 6. The State shall apply the principles of agrarian reform ARTICLE XIII
Section 12. The State shall establish and maintain an effective food - First included in 1973 Constitution as a reaction to rising student
and drug regulatory system and undertake appropriate health, activism
manpower development, and research, responsive to the country's
health needs and problems.
1987 CONSTITUTION
Section 13. The State shall establish a special agency for disabled
person for their rehabilitation, self-development, and self-reliance, SECTION 19. The State shall develop a self-reliant and independent
and their integration into the mainstream of society. national economy effectively controlled by Filipinos.
- The family may be regulated by the State for public interest. 1987 CONSTITUTION
- Equally protect the life of the child and the mother; does not
expressly prohibit abortion ARTICLE II SECTION 24. The State recognizes the vital role of
- Recognizes the natural right and duty of parents in the rearing of communication and information in nation-building
their children
EXCEPTION: The state may intervene if the means or ARTICLE XVI SECTION 10. The State shall provide the policy
modes adopted by the parents are inimical to the child environment for the full development of Filipino capability and the
- GENERAL RULE: The authority of the school is co-extensive emergence of communication structures suitable to the needs and
with its territorial jurisdiction, or its school grounds. Any action aspirations of the nation and the balanced flow of information into,
out of, and across the country, in accordance with a policy that
taken outside the school premised=s should be left to the police,
respects the freedom of speech and of the press.
the courts and the family.
EXCEPTION: The school may exercise its authority
for acts committed outside the school or beyond school
COMMUNICATIONA ND INFORMATION IN NATION-BUILDING
hours
1. In cases of violations of school policies and
1987 CONSTITUTION ARTICLE XVI
regulations occurring in connection with school-
sponsored activity off-campus SECTION 11
2. In cases where the misconduct of the student 1. The ownership and management of mass media shall be
involves his status as a student or affects the good limited to citizens of the Philippines, or to corporations,
name or reputation of the school cooperatives or associations, wholly-owned and managed
by such citizens.
MARRIAGE
The Congress shall regulate or prohibit monopolies in
- “inviolable social institution” was lifted from Article 52 of the commercial mass media when the public interest so
New Civil Code requires. No combinations in restraint of trade or unfair
- Divorce was initially included in draft NCC but was disapproved competition therein shall be allowed.
due to inconsistency with Article 52
2. The advertising industry is impressed with public interest,
1987 CONSTITUTION and shall be regulated by law for the protection of
consumers and the promotion of the general welfare.
SECTION 13. he State recognizes the vital role of the youth in nation-
building and shall promote and protect their physical, moral, Only Filipino citizens or corporations or associations at
spiritual, intellectual, and social well-being. It shall inculcate in the least seventy per centum of the capital of which is owned by
youth patriotism and nationalism, and encourage their involvement in such citizens shall be allowed to engage in the advertising
public and civic affairs. industry.
ARTICLE II SECTION 25, The State shall ensure the autonomy of 1987 CONSTITUTION
local governments.
ARTICLE II
SECTION 27. The State shall maintain honesty and integrity in the
AUTONOMY OF LOCAL GOVERNMENTS public service and take positive and effective measures against graft
and corruption.
LOCAL GOVERNMENT UNITS are body politic and corporate endowed
with powers to be exercised by it in conformity with law SECTION 28. Subject to reasonable conditions prescribed by law, the
State adopts and implements a policy of full public disclosure of all its
When exercising governmental powers and performing governmental duties, transactions involving public interest.
and LGU is an agency of the national government. When engaged in
ARTICLE XI SECTION 17. A public officer or employee shall, upon
corporate activities, it acts as an agent of the community in the administration
assumption of office and as often thereafter as may be required by
of local affairs law, submit a declaration under oath of his assets, liabilities, and net
worth. In the case of the President, the Vice-President, the Members
Reasons for Local Autonomy: of the Cabinet, the Congress, the Supreme Court, the Constitutional
1. To relieve the local government from monolithic control by the Commissions and other constitutional offices, and officers of the
national government armed forces with general or flag rank, the declaration shall be
2. To make local governments more self-reliant so that they can disclosed to the public in the manner provided by law.
cease to be mendicants of the national government
3. To give them the widest participation and initiative in self- ARTICLE III SECTION 7. The right of the people to information on
government matters of public concern shall be recognized. Access to official
records, and to documents and papers pertaining to official acts,
transactions, or decisions, as well as to government research data
1987 CONSTITUTION
used as basis for policy development, shall be afforded the citizen,
subject to such limitations as may be provided by law.
ARTICLE II SECTION 22. The State recognizes and promotes the
rights of indigenous cultural communities within the framework of
national unity and development
HONEST PUBLIC SERVICE &
ARTICLE XII SECTION 5. The State, subject to the provisions of FULL PUBLIC DISCLOSURE
this Constitution and national development policies and programs,
shall protect the rights of indigenous cultural communities to their - The government maintains a policy of honest public service and
ancestral lands to ensure their economic, social, and cultural well- the eradication of graft and corruption, hence, Ombudsmand and
being. Sandiganbayan
- The state likewise provides for a policy of full public disclosure of
The Congress may provide for the applicability of customary laws all transactions involving public interest
governing property rights or relations in determining the ownership
and extent of ancestral domain. Article III Section 7 or the Right to Information on Matters of Public
Concerns is self-executing.
ARTICLE XIII SECTION 6. The State shall apply the principles of
agrarian reform or stewardship, whenever applicable in accordance
with law, in the disposition or utilization of other natural resources,
including lands of the public domain under lease or concession
suitable to agriculture, subject to prior rights, homestead rights of
small settlers, and the rights of indigenous communities to their
ancestral lands. The State may resettle landless farmers and
farmworkers in its own agricultural estates which shall be distributed
to them in the manner provided by law.
ARTICLE XIV SECTION 17. The State shall recognize, respect, and
protect the rights of indigenous cultural communities to preserve and
develop their cultures, traditions, and institutions. It shall consider
these rights in the formulation of national plans and policies.