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1Q | Pam Louiese M.

Chua Constitutional Law I Bernas, Cruz & De Leon Annotations




MEANING OF POLITICAL LAW
Branch of public law which deals with the organization and operations of the
governmental organs of the State and defines the relations of the State with the
inhabitants of its territory


CONSTITUIONAL LAW
Study of the proper balance between the power of the state, and the rights and liberty
of the people

Study of the structure and powers of the Government of the Republic of the
Philippines

Branch of public law which treats of constitutions, their nature, formation, amendment
and interpretation


SCOPE OF THE STUDY
Constitutional Law 1 and 2
Administrative Law
Law of Public Officers
Election Law
Law on Municipal Corporations


NECESSITY OF THE STUDY
As a law student: required subject in law school
As a citizen: for effective active involvement in public affairs of every Filipino as
sovereignty resides in the people


BASIS OF THE STUDY
1935, 1973 and 1987 Constitution
Statutes, EO, PDs and judicial decisions
US Constitution, in relation to our Bill of Rights
American jurisprudence, in relation to our Bill of Rights
Current political events
GENERAL PRINCIPLES
1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations


DEFINITION
Body of rules and principles in accordance with which the powers of sovereignty are
regularly exercised

Written instrument enacted by which the fundamental powers of the government are
established, limited, and defined and by which their powers are distributed among the
several departments or branches for their safe and useful exercise for the benefit of the
people


NATURE
Serves as the supreme or fundamental law
! Speaks for the entire people from whom it derives its claim to obedience
! Binding on all individual citizens and all organs of the government
! Law to which all other laws and government action must conform


PURPOSE
Establishes the basic framework and underlying principles of government
! Assign to the different departments or branches, their respective powers and
duties, and to establish certain basic principles on which government is founded
! Primarily designed to preserve and protect the rights of individuals against the
arbitrary actions of those in authority


CLASSES OF CONSTITUTION
As to their origin and history
! Conventional or enacted : enacted by a constituent assembly, etc.
: formally struck off at a definite time and place
following a conscious effort taken by a constituent
body

! Cumulative or evolved : product of growth or a long period of
development originating in customs, traditions,
judicial decisions, rather than from a deliberate
and formal enactment
: result of political evolution, changing by accretion
rather than by any systematic method

As to their form
! Written : given definite written form at a particular time, usually
by a specially constituted authority
: codified or embodied in one document or set of
documents



! Unwritten : entirely the product of political evolution, consisting
largely of a mass of customs, usages and judicial decisions
together with a smaller body of statutory enactments of a
fundamental character

As to their amendment
! Rigid : cannot be amended or altered except by some special machinery
more cumbrous than the ordinary legislative process
: amended by a formal and usually difficult process

! Flexible : possess no higher legal authority than ordinary laws and which
may be altered in the same way as other laws
: can be changed by ordinary legislation

The Philippine Constitution is written, conventional and rigid.


PROVISIONS OF THE CONSTITUTION
1. Constitution of Government: provisions on govt structure and powers
2. Constitution of Liberty: bill of rights
3. Constitution of Sovereignty: amendatory and revision provisions


CHANGING THE CONSTITUTION
Amendment : refers to isolated or piecemeal change
without considering the whole document
: envisages an alteration of one or a few
specific and separable provisions

Revision : revamp or rewriting of the whole instrument
: re-examination of the entire document, or of
provisions of the document which have over-
all implications for the entire document, to
determine how and to what extent they
should be altered

Revolution : action not pursuant to any provision of the constitution
: not unconstitutional but extra-constitutional


PROCEDURE OF AMENDING THE CONSTITUTION
Importance of the amending procedure:
! Mechanism for responding to changing conditions
! A safety valve against resort to revolution

1987 A17 S1 Any amendment to, or revision of, this Constitution may be proposed
by:
(1) The Congress, upon a vote of three-fourths of all its Members; or
(2) A constitutional convention.

THE PHILIPPINE CONSTITUTION
Pursuant to
some
procedural
provision of
the
constitution
1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations
1987 A17 S2 Amendments to this Constitution may likewise be directly proposed by
the people through initiative upon a petition of at least twelve per
centum of the total number of registered voters, of which every
legislative district must be represented by at least three per centum of
the registered voters therein. No amendment under this section shall
be authorized within five years following the ratification of this
Constitution nor oftener than once every five years thereafter.

The Congress shall provide for the implementation of the exercise of
this right.

1987 A17 S3 The Congress may, by a vote of two-thirds of all its Members, call a
constitutional convention, or by a majority vote of all its Members,
submit to the electorate the question of calling such a convention.

1987 A17 S4 Any amendment to, or revision of, this Constitution under Section 1
hereof shall be valid when ratified by a majority of the votes cast in a
plebiscite which shall be held not earlier than sixty days nor later than
ninety days after the approval of such amendment or revision.

Any amendment under Section 2 hereof shall be valid when ratified by
a majority of the votes cast in a plebiscite which shall be held not
earlier than sixty days nor later than ninety days after the certification
by the Commission on Elections of the sufficiency of the petition.


STEP 1: PROPOSAL
Congress/Constituent Assembly
! Will formulate the amendments like normal legislation but will require more votes:
! of all its members
! May be in joint session (making the amendments at the same time but voting
separately) or through the normal legislative process (one house to initiate then
to submit to the other house)

Constitutional Convention
! Body assembled for the express purpose of framing a Constitution, or revising
the existing Constitution, or formulating amendments to it for the approval of the
electorate
! Members have to be elected by qualified voters since they are the direct
representatives of the people in drafting the Constitution
! Called upon by Congress
Congress by 2/3 votes of all its members
Congress by majority vote of all its members to submit to the electorate the
question of calling such convention
! 3 theories on the relative position of the ConCon to other departments:
Theory of Conventional Sovereignty: ConCon supreme over other
departments because the powers it exercises are in the nature of sovereign
powers
ConCon inferior because it is merely a creation of the legislature
ConCon independent and coequalobserved in the Philippines
Peoples Initiative
! Exercise of the peoples power as the sovereign
! Mode that by-passes congressional action; in the last analysis, it still depends on
congressional action because of the needed enabling law
! Requirements:
1. Petition
2. directly proposed: full text attached to the petition signed
3. National level: 12% of registered voters
District level: 3% of registered voters
4. Enabling law
5. Once every 5 years
6. Amendment, not revision
7. Signature is by the person indicated


STEP 2: RATIFICATION
! The direct approval by the people of the amendment to, or revision of, the
Constitution
! Upholds 1987 A2 S1 which states that sovereignty resides in the people


CONSTITUENT
ASSEMBLY
CONSTITUTIONAL
CONVENTION
PEOPLES INITIATIVE
1. PROPOSAL
Changes Revisions and amendments Amendments
Agent Congress Group of elected delegates The People
# of votes
required
! of all Congress
membersto
pass A or R
2/3 of all
Congress
members
to call
Majority of all
congress
membersto
put into a
plebiscite
National: 12% of
registered voters

District: 3% of
registered voters

2. RATIFICATION
# of votes
required
Majority of the votes cast in a plebiscite
Starting point
of waiting
time
After the approval of such amendment or revision
After the certification of
the COMELEC of the
sufficiency of the
petition
Waiting
period
60 days " x # 90 days
Effectivity
General: the day the votes are cast
Exception: when the amendment states otherwise



1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations
JUDICIAL REVIEW OF AMENDMENTS
The question of the validity of the adoption of amendments to the Constitution is subject to
judicial review. The present doctrine allows the courts to inquire into whether or not the
prescribed procedure for amendment has been observed.
! Substance: generally not subject to judicial review
! Manner: subject to judicial review since it is based on the Constitution

CONSTITUTIONAL HISTORY

1935, 1971 AND 1987 CONSTITUTIONS De Leon
1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations


DEFINITION
Community of person, more or less numerous, permanently occupying a fixed
territory, and possessed of an independent government organized for political ends to
which the great body of inhabitants render habitual obedience
! Legal concept (as compared to nation)
! The principal (as compared to government)

Nation : usually used interchangeably with sate but actually have different
connotations
: indicates relation of birth or origin and implies a common race,
usually characterized by community of language and customs
: racial/ethnic concept

Government : only an element of the State
: merely the States agent
: externalizes the State and articulates its will

Nation State Government Administration
Racial/ethnic
concept
Legal concept

Exists only in
contemplation of law
Embodiment of the
State

Institution/position/office
Group of persons
currently elected

ELEMENTS
2 other elements some writers consider: (1) recognition; and (2) possession of a
sufficient degree of civilizationwhich are not taken into consideration because they
are too subjective

1. PEOPLE
! Inhabitants of the state
! No legal requirement
! Must be numerous enough to be self-sufficing and to defend
themselves, and small enough to be easily administered and sustained
! Must come from both sexes to be able to perpetuate themselves
! More comprehensive but less cohesive than a nation
! An amorphous group of individuals inhabiting the same territory, the
people may develop and share certain characteristics and interests,
such as a common language, a common religion, and a common set of
customs and traditions that will unite them into the more closely-knit
entity known as nation








2. TERRITORY
! Fixed portion of the surface of the earth inhabited by the people of the State
! 1987 A1: The national territory comprises the Philippine archipelago, with all
the islands and waters embraced therein, and all other territories over which
the Philippines has sovereignty or jurisdiction, consisting of its terrestrial,
fluvial and aerial domains, including its territorial sea, the seabed, the
subsoil, the insular shelves, and other submarine areas. The waters around,
between, and connecting the islands of the archipelago, regardless of their
breadth and dimensions, form part of the internal waters of the Philippines.

! Philippine national territory includes the following:
the Philippine archipelago, with all the islands and waters embraced
therein;

Archipelago : cluster of islands forming a territorial unity or a unit of
water studded with islands
: group of islands, including parts of islands,
interconnecting waters and other natural features which
are so closely interrelated that such islands, waters and
other natural features form an intrinsic geographical,
economic and political entity, or which historically have
been regarded as such (UNCLOS)

all other territories over which the Philippines has sovereignty or
jurisdiction consisting of terrestrial, fluvial and aerial domains;
! Treaty of Paris territory
! US-Spain treaty (Nov 1900), specifically the islands of
Cagayan, Sulu and Sibuto
! US-Great Britain treaty (Jan 1930), specifically the Turtle and
Mangsee islands
! 1935 Constitution, island of Batanes
! 1973 Constitution, those contemplated in the phrase
belonging to the Philippines by historic right or legal title

Terrestrial domain : the land mass
Maritime and fluvial domain : the inland (fluvial), internal and
external waters (maritime)
Aerial domain : the air space above the land and
waters
: extends only until where outer
space begins

* Equivalent to all other territories belonging to the Philippines by
historic right or legal title; No abandonment of fight for Sabah, etc.
* All other territories was a catchall phrase to cover areas linked to
the Philippines with varying degrees of certainty and firmness








THE CONCEPT OF THE STATE
1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations
the territorial sea, the seabed, the subsoil, and insular shelves and
other submarine areas; and

Baseline : acquired through the straight baseline method, under
which instead of the baseline following the sinuosities of
the coast (as per the normal baseline method), it is
drawn as straight lines connecting appropriate points on
the coast, without departing to any appreciable extent
from the general direction of the coast
: starting point for measuring the maritime territory of a
coastal state.
: Defined by RA 3046 and 5446

Territorial seas : defined by the Jamaica Convention on the
Law of the Sea
: consist of a marginal belt of maritime waters
adjacent to the baselines extending 12
nautical miles outward
: subject to the right of innocent passage by
other states, or the passage not prejudicial to
the interests of the coastal state nor contrary
to recognized principles of international law

Seabed : the land that holds the sea, lying beyond the seashore,
including mineral and natural resources. It is at the top
portion of the submarine area.

Subsoil : everything beneath the surface soil and the seabed
including mineral and natural resources.

Insular Shelves : the submerged portions of a continent or
offshore island, which slope gently seaward
from the low waterline to a point where a
substantial break in grade occurs, at which
point the bottom slopes seaward at
a considerable increase in slope until the
great ocean depths are reached
: This is the seabed and subsoil of the
submarine areas adjacent to the coastal state
but outside the territorial sea. The continental
shelf extends 200 nautical miles, and in some
cases may extend up to 350 miles, following
the natural prolongation of the soil.

Other submarine areas: refers to those which are under the territorial
sea. They are otherwise referred to as
seamount, trough, trench, deep, bank, shoal,
and reef.









1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations
the waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of
the internal waters of the Philippines.

Internal waters : Waters of the sea landwards from the
baselines

Inland water : bays, rivers, streams; bodies of water located
in the terrestrial domain

Archipelagic waters : areas in the internal waters which had not
previously been considered as such

General : no right of passage in internal and inland waters
Exception: archipelagic waters

Archipelagic principle: connect the outermost points of the
archipelago with straight baselines and
consider all the waters enclose thereby as
internal waters

3. GOVERNMENT
! the agency or instrumentality through which the will of the state is
formulated, expressed and realized
! 1987 A2 S1: The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government
authority emanates from them.
! Within the sphere of its agency, it is a perfect representative of the
state, but outside of that it is a lawless usurpation
! Whatever good is done by the government is attributed to the state but
every harm inflicted on the people is imputed not to the state but to the
government alone
! Direct state action is the replacement of the government by revolution,
theoretically at the behest of the state

Government of the Philippines
1987 Adm. Code S2 P1: Government of the Republic of the
Philippines refers to the corporate
governmental entity through which the
functions of government are exercised
throughout the Philippines, including, save as
the contrary appears from the context, the
various arms through which political authority
is made effective in the Philippines, whether
pertaining to the autonomous regions, the
provincial, city, municipal or barangay
subdivisions or other forms of local
government.
! Does not include GOCCs engaged in proprietary functions





Functions
Constituent fxn : constitute the very bonds of society and are therefore
compulsory.
: exercised as attributes of sovereignty
! Keeping of order and providing protection
! Fixing the legal relations between husband and wife, and between
parents and children
! Regulation of the holding, transmission and interchange of
property, and the determination of its liabilities for debt or for
crime
! Determination of contractual rights between individuals
! Definition and punishment of crimes
! Administration of justice in civil cases
! Administration of political duties, privileges and relations of
citizens
! Dealings with foreign powers, the preservation from external
danger, and the advancement of its international interests

Ministrant fxn : undertaken to advance the general interests of society,
such as public works, public charity, and regulation of
trade and industry
: merely optional
: distinguishes paternalistic from individualistic
government
: principles for determining whether or not a government
shall exercise these optional functions:
! Private capital would not naturally undertake
! Government is better equipped to administer for
the public welfare than any private individual or
group

1987 A2 S10 : The State shall promote social justice in all phases of
national development.
! Distinction between constituent and ministrant fxns blurred
because of the repudiation of the laissez faire policy in the
Constitution
! Functions, while traditionally regarded as merely ministrant and
optional, have been made compulsory by the constitution

Doctrine of Parens Patriae
! Guardian of the rights of the people
! Inherent in the supreme power of every State, and has no affinity
to those arbitrary powers which are sometimes exerted by
irresponsible monarchs to the great detriment of the people and
the destruction of their liberties
! Right of the government to file the case for the State as a parens
patriae in representation of the legitimate claimants






1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations
De Jure and De Facto Government
De jure government : has rightful title but no power or control,
either because this bas been withdrawn from
it or because it has not yet actually entered
into the exercise thereof

De facto government : government of fact that actually exercises
power or control but without legal title
! Internally instituted: the government that gets possession and
control of, or usurps, by force or by the voice of the majority, the
rightful legal government and maintains itself against the will of
the latter (de facto proper)
! Internally instituted: the government established independently by
the inhabitants of a country who rise against the parent state
(insurrection)
! Externally instituted: the government established and maintained
by military forces who invade and occupy a territory of the enemy
in the course of war (government of paramount force)
Existence is maintained by active military power within the
territories, and against the rightful authority of an established
and lawful government
Must necessarily be obeyed in civil matters by private
citizens who, by acts of obedience rendered in submission to
such force, do not become responsible, as wrongdoers, for
those acts, though not warranted by the laws of the rightful
government

Administration
! Is the group of persons in whose hands the reins of government
are for the time being
! Runs the government, as a machinist operates a machine
! Transitional (as government is permanent)

4. SOVEREIGNTY
! Supreme and uncontrollable power inherent in a state by which that
state is governed
! Permanent, exclusive, comprehensive, absolute, indivisible,
inalienable, and imprescriptible

Legal Sovereignty : authority which has the power to issue final commands
: Congress

Political Sovereignty: power behind the legal sovereign, or the sum
of the influences that operate upon it
: different sectors that mold public opinion

Internal Sovereignty : power of the state to control its domestic
affairs

External Sovereignty : the power of the state to direct its relations
with other states
: also known as independence


During belligerent occupation: sovereignty not suspended or abrogated
or changed although acts of sovereignty
cannot be exercised by the legitimate
authority
: only suspension of political laws, subject to
revival upon the end of the occupation
(principle of postliminy)
: municipal laws continue in effect

suspension of political laws affects only civilian inhabitants,
member of the Armed Forces continue to be covered by the
National Defense Act, Articles of War and other relevant
laws
political laws suspended except that on treason
judicial decisions which are not political in color are valid

During change of sovereignty: political laws are abrogated
: municipal laws continue in effect


PHILIPPINES AS A STATE


ACTS OF STATE
Act done by the political departments of the government and not subject to judicial
review
1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations


1987 A16 S3 The State may not be sued without its consent.


BASED ON THE VERY ESSENCE OF SOVEREIGNTY
Principle of the sovereign equality of states: merely a recognition of the sovereign
character of the State and an express affirmation of the unwritten rule insulating it from
the jurisdiction of the its courts of justice and those of other states

Manifestation of republican government: sovereignty resides in the people. When
people sue the government, they are in effect attempting to sue themselves along with
the rest of the people represented by their common government

Justice Holmes: based not on any formal conception or obsolete theory but on the
logical and practical ground that there can be no legal right against the authority which
makes the law on which the right depends


BASED ON REASONS OF PUBLIC POLICY
Practicality: Demands and inconveniences of litigation will divert the time and
resources of the state from the more pressing matters demanding its attention to the
prejudice of the public welfare


APPLICATION
Suit against the state : the decision rendered against the public officer
impleaded will require an affirmative act from the state,
: complaint will be dismissed

Suits directly against the Republic of the Philippines
The state is the real party in interest
The claim will be a direct liability of the state
Claim that will require an affirmative action in the form of an appropriation
Claim that will require the affirmative performance of some asserted
obligation from the state in its political capacity
Claim for damages for injuries
Claims for just compensation for the taking of private property under the
power of the state on eminent domain

Not a suit against the state:
An appropriation had already been made by the government
The officer impleaded may by himself alone comply with the decision of the
court without the necessity of involving the State
Against a public officer who acted without or in excess of jurisdiction, any
injury caused by him is his own personal liability and cannot be imputed to
the State

WAIVER OF IMMUNITY
GENERAL : The state cannot be sued.
EXCEPTION : The state consents to being sued.

FORMS OF CONSENT
Express consent : may be manifested either through a general law or a special law
: must be embodied in a duly enacted statute and may not be given
by mere counsel of the government

Act No. 3083 : consents to be sued on liability arising from contracts
CA No. 327 : claims against the government must first be filed with the
Commission on Audit, which must act upon it within 60 days.
Rejection of the claim will authorize the claimant to elevate the
matter to the SC on certiorari and in effect sue the State with its
consent

Implied consent : given when the state itself commences litigation or when it enters
into a contract

Commences litigation : the State must be asking for affirmative relief

Enter into a contract : contract must be entered into in its
proprietary function (jure gestionis, not jure
imperii)


SUITS AGAINST GOVERNMENT AGENCIES
Filed not against the government itself or its officials but against one of its entities

Incorporated agency : Created by a charter that gives them a separate
juridical entity to sue and be sued
: Ex: GOCCs, SSS, UP, cities or municipalities

Suable : charter says so, regardless whether acting in
government or proprietary function
Not suable : charter says not suable

Unincorporated agency : has no separate juridical personality but is merged in
the general machinery of the government
: Ex: DOJ, Bureau of Mines, Government Printing Office,

Suable : acting in proprietary function
Not suable : acting in governmental function, even with incidental
proprietary enterprises


EXEMPTION FORM LEGAL REQUIREMENTS
When the state litigates, either directly or through its authorized officers, the following
do not apply:
! Bond for damages
! Appeal bond
! Legal fees
! Interest (unless otherwise stated by the statute or in eminent domain cases)
! Statutes of limitation




THE DOCTRINE OF STATE IMMUNITY
1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations
SUABLE ! LIABLE
! When the state allows itself to be sued, all it does in effect is to give the other
party an opportunity to prove that the State is liable
! The consent of the state to be sued does not mean that it concedes its liability

Municipal Corporations
Liable : acting in proprietary function
Not liable : acting in governmental function


CONSENT TO EXECUTE JUDGMENT
! When the state gives it consent to be sued, it does not thereby also consent to
the execution of the judgment against it
! Such execution will require another waiver, lacking which the decision cannot be
enforced
! Limit the claimants action only up to the completion of proceedings anterior to
the stage of execution, and that the power of courts ends when the judgment is
rendered, since government funds and properties may not be seized under writs
if execution or garnishment to satisfy such judgments, is based on obvious
considerations of public policy



WAYS OF SUING THE STATE
1. Direct suit against the state: ______ v. Republic of the Philippines


2. Indirect suit against the state

______ v. Public Officer
When they are acting in the discharge of
their official functions; within their jurisdiction


______ v. Government agency
Against incorporated agency
! When its charter does not allow it to
sue and be sued

Against unincorporated agency
! When its primary function is
governmental




EXCEPTIONS TO STATE IMMUNITY
When the petitioner is actually suing the state, but immunity does not lie and consent
is not needed:
1. Compelling a public officer to do an obligation
2. Prohibiting a public officer from enforcing an unconstitutional law
3. Compelling the national treasurer to pay damages from an already
appropriated fund
4. Compelling a public officer to refund tax overpayments from a fund already
available for the purpose
5. Compelling a public officer to comply with a judgment that he may satisfy
himself without the government itself having to do a positive act to assist
him
6. Government violated its own laws/injustice is perpetrated


CONSENT TO SUIT/WAIVER OF IMMUNITY
Express consent : permission is given to be sued
General statute (Act 3083; CA 327)
Special statute (Charter of a municipality; ex: Merritt)

Implied waiver : abandonment of right to invoke immunity
Entering into a business contract
Commencing litigation asking for affirmative relief
Intervening in a case to plead immunity



BUGAYONG NOTES
Test:
When the
judgment against
such officials will
require the state
itself to perform an
affirmative act to
satisfy the same
1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations

LIABILITY OF THE STATE
Test : when judgment has been rendered finding the government at fault
: when the application of the law on the facts shows that the government is at
fault

! Another consent from the state is required
! 1987 A6 S29 P1: No money shall be paid out of the Treasury except in
pursuance of an appropriation made by law.
o Prevents the courts from garnishing on the funds of the
government
o So as to not affect the public functions of the government
1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations


Intended to lay down rules underlying our system of government and must therefore
be adhered to in the conduct of public affairs and the resolution of public issues

Purpose is to emphasize and articulate more unequivocally the objectives and
limitations of governmental action in pursuit of the general goals announced in the
Preamble

Principles : binding rules which must be observed in the conduct of
government
Policies : guidelines for the orientation of the state

* Difference between the two is irrelevant in our Constitution


PREAMBLE
! Written in the first person to deepen the sense of involvement and participation of
the individual citizens, who made the constitution
! Not considered a source of power or substantive right
! Purpose:
o To introduce the Constitution
o To manifest the sovereign will of the Filipino people
o To indicate the authors
o To enumerate the primary aims aspirations of the framers
o Useful as an aid in the construction and interpretation of the Constitution


REPUBLICANISM
1987 A2 S1 The Philippines is a democratic and republican State. Sovereignty
resides in the people and all government authority emanates from
them.
! Establishes the democratic and representative nature of our government
and proclaims hostility to autocratic or totalitarian regimes
! Affirms that every citizen is an individual repository of sovereignty, and as
the origin and the restriction of all government authority

Democratic : pertains to representative democracy with some aspect of direct
democracy through the peoples initiative clause
: kind of government where the people participate in the functioning
of the same

Republic: a representative government run by and for the people
: where sovereignty resides in the people and where all
government authority emanates from the people
: a responsible government
: essence is representation and renovation

Representation : public functionaries derive their mandate from the
people who selected them and as such act in their
behalf

Renovation : public functionaries serve for a limited period only and
they are replaced or retained at the option of their
principal, the people

The Philippine Republic is characterized by the following:
G overnment of law and not of men
R ule of majority
A ccountability of public officers
B ill of rights
E lections

S eparation of powers
B lending of powers
C hecks and balances
/
D elegation of powers


THE INCORPORATION CLAUSE
1987 A2 S2 The Philippines renounces war as an instrument of national
policy, adopts the generally accepted principles of international
law as part of the law of the land and adheres to the policy of
peace, equality, justice, freedom, cooperation, and amity with all
nations.

S7 The State shall pursue an independent foreign policy. In its
relations with other states, the paramount consideration shall be
national sovereignty, territorial integrity, national interest, and the
right to self-determination.

S8 The Philippines, consistent with the national interest, adopts and
pursues a policy of freedom from nuclear weapons in its territory.

R enunciation clause

Renunciation of war (S5)
! aside from a national policy, is also an international principle expressed in
the UN Charter
! inspired by the Kellogg-Briand Pact
! Renounces: aggressive wars
! Does not renounce: defensive wars
o Very essence of sovereignty
o Duty of government and its people
o supported by A6 S23 P1 which empowers the Congress to
declare not a war but the existence of a state of war
presumably commenced or provoked by the enemy state

Renunciation of nuclear weapons (S7)
! Refers to nuclear arms and not those utilized for peaceful purposes
! Not absolute; deviation must be justified by national interest



FUNDAMENTAL PRINCIPLES & STATE POLICIES
1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations
I corporation clause : recognizes the dualist view of legal systems: intl and
municipal
: by reason of states membership in the family of nations

Doctrine of incorporation:
! principles of international law are considered automatically part of its
own laws
! need not be converted into a statutory enactment or signed into by the
Philippines

Doctrine of transformation:
! International law can become part of municipal law only if it is
transformed into domestic law through the appropriate constitutional
machinery

Principles of international law
! Customary laws and treatises which have become part of customary
law
! Ultimately left to the courts to identify

Pacta sunt servanda
! agreements must be kept
! it is not for this country to repudiate a commitment to which it had
pledged its word

Intl law v. Municipal law:
1. Try to reconcile
2. If irreconcilable, municipal law prevails because of
Police power
Separation of powers
Rule-making powers

A dherence clause : National interest first (S7 & 8), then equality, peace, freedom
and justice (S2)


SUPREMACY OF CIVILIAN AUTHORITY
1987 A2 S3 Civilian authority is, at all times, supreme over the military. The
Armed Forces of the Philippines is the protector of the people and
the State. Its goal is to secure the sovereignty of the State and the
integrity of the national territory.
! Supported by A7 S18 which makes the President, a civilian official, the
commander-in-chief of all the armed forces of the Philippines
! Protector of the people and the state: meant to act as corrective of the
military abuses before
! To secure the sovereignty of the state: protection of the sovereignty of the
people justifies the exercise of political power of the military when civilian
authority has lost its legitimacy
! Civilian supremacy: not really about the supremacy of elected officers but
the people as the sovereign



DEFENSE OF THE STATE
1987 A2 S4 The prime duty of the Government is to serve and protect the
people. The Government may call upon the people to defend the
State and, in the fulfillment thereof, all citizens may be required,
under conditions provided by law, to render personal, military or
civil service.

S5 The maintenance of peace and order, the protection of life, liberty,
and property, and promotion of the general welfare are essential
for the enjoyment by all the people of the blessings of democracy.


Duty to serve and protect : implicit in a welfare state which the Constitution is
establishing
: supported by A2 S5

May call upon the people : the states primary duty to serve and protect the people
is not handed back to the people in this provision; what
it is merely establishing is that the state may ask for the
help of the people in return for the service and
protection it has rendered before
: based on the inherent right of every State to existence
and self-preservation
: based on the duty to defend the state and the life,
liberty and property of its citizens
: supported by A16 S4
1
and CA No. 1 (the National
Defense Act)

Compulsory military service : does not violate the Constitution but is
actually a compliance therewith
: imposed upon all citizens
: must be personal
: may either be military or civil service


SEPARATION OF CHURCH AND STATE
1987 A2 S6 The separation of Church and State shall be inviolable.
! To delineate the boundaries between the two institutions and thus avoid
encroachments by one against the other
State: cannot interfere in purely ecclesiastical affair
Church: cannot meddle in purely secular matters
! Not a wall of hostility; state recognizes religion
o Mentioned Divine Providence in preamble
o Exempted from taxation
o Not precluded from sectarian aid
o Allowed optional religious instruction
o Legal holidays
o Punishes polygamy and bigamy
o Punishes crimes against religion

1
1987 A16 S4: The Armed Forces of the Philippines shall be composed of a citizen armed force
which shall undergo military training and serve, as may be provided by law. It shall keep a regular
force necessary for the security of the state.
1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations
! Rationale: union between the two tends to destroy the government and to
degrade religion; may also lead to conspiracy against the individuals right to
worship


SOCIAL JUSTICE
1987 A2 S9 The State shall promote a just and dynamic social order that will
ensure the prosperity and independence of the nation and free
the people from poverty through policies that provide adequate
social services, promote full employment, a rising standard of
living, and an improved quality of life for all.

S10 The State shall promote social justice in all phases of national
development.

S11 The State values the dignity of every human person and
guarantees full respect for human rights.

S18 The State affirms labor as a primary social economic force. It shall
protect the rights of workers and promote their welfare.

S21 The State shall promote comprehensive rural development and
agrarian reform.

! To give those with less privileges in life more privileges in law
! Further supported by A13 on Social Justice and Human Rights
! When the law is clear, it is to be applied. When it is not, it must be construed
in favor of social justice

Social justice : neither communism, nor despotism, nor atomism, nor anarchy,
but the humanization of laws and the equalization of social and
economic forces by the State so that justice in its rational and
objectively secular conception may at least be approximated.
: means the promotion of the welfare of all the people, the adoption
by the Government of measures calculated to insure economic
stability of all the competent elements of society, through the
maintenance of a proper economic and social equilibrium in the
interrelations of the members of the community, constitutionally,
through the adoption of measures legally justifiable, or extra-
constitutionally, through the exercise of powers underlying the
existence of all governments on the time-honored principle of
salus populi est suprema lex.


REARING OF THE YOUTH
1987 A2 S12 The State recognizes the sanctity of family life and shall protect
and strengthen the family as a basic autonomous social
institution. It shall equally protect the life of the mother and the life
of the unborn from conception. The natural and primary right and
duty of parents in the rearing of the youth for civic efficiency and
the development of moral character shall receive the support of
the Government.

S13 The State recognizes the vital role of the youth in nation building
and shall promote and protect their physical, moral, spiritual,
intellectual, and social well-being. It shall inculcate in the youth
patriotism and nationalism, and encourage their involvement in
public and civic affairs.

Family as a basic
autonomous social
institution
: kindred ties are especially close in the Phils that is why the
family is an important factor in the enhancement of the
nation
: positively: enjoins the state to strengthen the family
negatively: prohibits the state from adopting measures which
impair the solidarity of the Filipino family
: autonomy is respected that the family is not the creature nor
the instrument of the state
: supported by A15 devoted to the family
: recognition of sanctity does not preclude divorce which is left
for the legislature to allow in its discretion
Equally protect the
life of the mother and
the life of the unborn
from conception
: seems to be a policy against abortion
: must take the equal protection due to the mother into
consideration
Natural and primary
right and duty of
parents
: supplemented by the government not through interference
but through the regulation and supervision of schools
: to promote childrens civic efficiency and moral character
development (S12) and their physical, moral, spiritual,
intellectual and social well being (S13)
: supported by A14, S1 which pertains to quality education at
all levels to be accessible to all


WOMEN
1987 A2 S14 The State recognizes the role of women in nation-building, and
shall ensure the fundamental equality before the law of women
and men.
! No intent to advocate absolute sameness because there are obvious
biological differences between men and women; only pertains to equality
before the LAW
! Supported by A13 on women


MISCELLANEOUS
1987 A2 S15 The State shall protect and promote the right to health of the
people and instill health consciousness among them.

S16 The State shall protect and advance the right of the people to a
balanced and healthful ecology in accord with the rhythm and
harmony of nature.

S17 The State shall give priority to education, science and technology,
arts, culture, and sports to foster patriotism and nationalism,
accelerate social progress, and promote total human liberation
and development.
1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations

S22 The State recognizes and promotes the rights of indigenous
cultural communities within the framework of national unity and
development.

S23 The State shall encourage non-governmental, community-based,
or sectoral organizations that promote the welfare of the nation.

S24 The State recognizes the vital role of communication and
information in nation- building.

S28 Subject to reasonable conditions prescribed by law, the State
adopts and implements a policy of full public disclosure of all its
transactions involving public interest.


ECONOMY
1987 A2 S19 The State shall develop a self-reliant and independent national
economy effectively controlled by Filipinos.

S20 The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provides incentives to needed
investments.

S21 The State shall promote comprehensive rural development and
agrarian reform.

! Represent the two pillars of the economic policy of the Constitution: (1)
independent and nationalist, and (2) the private sector as indispensible
engine.


LOCAL AUTONOMY
1987 A2 S25 The State shall ensure the autonomy of local governments.
! Supported by A10 on the Local Government
! Because municipal corporations are the small republics from which the
great one derives its strength
! Because such will develop a deepened sense of involvement among the
people that will encourage them to participate more actively in the direction
of public affairs


PUBLIC SERVICE
1987 A2 S26 The State shall guarantee equal access to opportunities for public
service and prohibit political dynasties as may be defined by law.
! Though speaks in terms of service, really meant democratizing political
power
! Respects the freedom of the electorate to decide so the meaning of political
dynasties has been left for Congress to define

1987 A2 S27 The State shall maintain honesty and integrity in the public
service and take positive and effective measures against graft
and corruption.
1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations


1973 Constitution : establishment of a semi-parliamentary government made the
legislature subordinate in many respects to the President

1987 Constitution : restored the doctrine of separation of powers with some
modifications

Maintained: 3 Departments
3 Constitution Commissions

Created : Other independent bodies
Judicial and Bar Council

Strengthened : Judiciary
Legislature

Weakened : Executive

Restored : Commission on Appointments
HR/SET

OBSERVED IN THE PHILIPPINES BECAUSE:
! Characteristic of republicanism
! The major powers of government are actually distributed by the Constitution
among the several departments
! 1987 A6 S13: no member of Congress may hold any other office or employment
in the government during his term without forfeiting his seat

LEGISLATURE : enacts laws
EXECUTIVE : enforces laws
JUDICIARY : applies laws


PURPOSES
Prevent concentration of authority in one person or group of persons that might
lead to an irreversible error or abuse in its exercise to the detriment of our
republican institutions
Intended to secure action, forestall over action, to prevent despotism and to
obtain efficiency


BLENDING OF POWERS
! Interdependence, not independence
! It is not in the public interest for them to deal with each other at arms length or
with a hostile jealousy of their respective rights as this might result in frustration
of the common objectives of the government
! Powers are not confined exclusively within one department but are in fact
assigned to or shared by several departments
! There is difficulty in classifying them as definitely legislative, executive or judicial
! It is necessary for certain powers to be reposed in more than one department so
that they may better collaborate with, and in the process, check, each other for
the public good
CHECKS AND BALANCES
! In which one department is allowed to resist encroachments upon its
prerogatives or to rectify mistakes or excesses committed by the other
departments
! Makes the doctrine of separation of powers especially workable
! The ends of government are better achieved through the exercise by its agencies
of only the powers assigned to them, subject to reversal in proper cases by those
constitutional authorized

BLENDING OF POWERS CHECKS AND BALANCES
Sharing of the powers Checking of the powers
Ex: Power over the creation of the
General Appropriations Law is shared by
the Executive (when it proposes the
budget) and the Legislature (when it
enacts the budget into law)
Ex: Power in creating laws is in the
Legislature but the Executive can veto
the same as a check

THE ROLE OF THE JUDICIARY
! Checks and balances safeguarded by the Judiciary
! Sees to it that the constitutional distribution of powers among the several
departments of the government is respected and observed
! Does not mean that that the judiciary is superior; not upholding its own
supremacy but that of the Constitution

WHAT ARE TO BE CONSIDERED BY THE COURTS:
1. IS THE POWER CONSTITUTIONALLY CONFERRED?
! 1987 A8 S1 P2 : Judicial power includes the duty of the courts of justice
to settle actual controversies involving rights which are
legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of the
Government.
! Conferment can either be:
Expressly conferred : the Constitution so provides

Inferred from statute : the doctrine of implication states that the
grant of an express power carries with it all
other powers that may be reasonably inferred
from it
: power must first be conferred before anything
can be inferred from the statute
: Ex: power to promulgate rules to perform the
Constitutionally mandated duty; power to
punish contempt

Power inherent : though the power is not expressly conferred
and thus cannot be inferred, the power is still
deemed to reside in the department
: Ex: Power of the President to deport an alien
as an act of State
! If not conferred, then act is unconstitutional
SEPARATION OF POWERS
1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations

2. IF CONFERRED, WAS IT PERFORMED IN ACCORDANCE WITH THE RULES
IN THE CONSTITUTION?
! 1987 A8 S1 P2 : Judicial power includes the duty of the courts of justice
to settle actual controversies involving rights which are
legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of the
Government.
! If power conferred was not performed in accordance with rules of the
Constitution, then act is unconstitutional
! Usually considered a political question, but now that it is enshrined in the
Constitution, the judiciary is allowed to decide cases like this
! Blurs the lines of just where the courts should stop


JUSTICIABLE AND POLITICAL QUESTIONS

Justiciable questions : implies a given right, legally demandable and
enforceable, an act or omission violative of such right,
and a remedy granted and sanctioned by law, for said
breach of right

Political questions : a question of policy
: refers to those questions which, under the constitution,
are (1) to be decided by the people in their sovereign
capacity; or in regard (2) to which full discretionary
authority has been delegated to the legislative or
executive branch of the government
: concerned with issues dependent upon the wisdom, not
legality of a particular measure
: still in existence even with the inclusion of the Grave
Abuse of Discretion clause in the Constitution

1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations


GENERAL : POWERS CANNOT BE DELEGATED
! Potestas delegata non delegari potest or what has been delegated cannot be
delegated
! The powers of the departments were only delegated to them, as representatives,
by the people. This delegated power constitutes not only a right but a duty to be
performed by the delegate through the instrumentality of his own judgment and
not through the intervening mind of another
! Further delegation is then a negation of this duty, a violation of the trust reposed
in the delegate mandated to discharge it directly


X ! Y ! Z
people government anyone


EXCEPTION : PERMISSIBLE DELEGATION/PERMITTED BY THE CONSTITUTION
! Especially important in the case of the legislative power because of the many
instances when its delegation is permitted
! Rational for permitted delegation:
o The increasing complexity of the task of government and the growing
inability of the legislature to cope directly with the many problems
demanding its attention
o To relieve the congress of many problems that are better left to be
resolved by more capable entities and at the same time enable it to
tackle the more serious difficulties requiring its direct and immediate
attention
! Delegation is not a transfer of power

1. TARIFF POWERS
! 1987 A6 S28 P2 : The Congress may, by law, authorize the President to
fix within specified limits, and subject to such limitations
and restrictions as it may impose, tariff rates, import
and export quotas, tonnage and wharfage dues, and
other duties or imposts within the framework of the
national development program of the Government.
! Rationale: the necessity and expediency of giving the chief executive the
authority to act immediately on certain matters affecting the national
economy lest delay result in hardship to the people
! Delegation of the Tariff and Customs Code

2. EMERGENCY POWERS
! 1987 A6 S23 P2 : In times of war or other national emergency, the
Congress may, by law, authorize the President, for a
limited period and subject to such restrictions as it may
prescribe, to exercise powers necessary and proper to
carry out a declared national policy. Unless sooner
withdrawn by resolution of the Congress, such powers
shall cease upon the next adjournment thereof.
! Rationale: during war or national emergency, it will be hard for the
legislature to convene or even form a quorum. There is also the delay and
indecisiveness inherent in lawmaking. During war and national emergency,
problems must be solved within the shortest possible time
! President becomes a constitutional dictator only in effect. But in theory,
there is no total abdication of legislative authority because the president is
still subject to certain restriction and requirements imposed by the
legislature as their agent and not as replacement.
! Not automatically conferred upon the President by the mere presence of an
emergency
! Neither is Congress required to confer the emergency power to the
President; discretionary on their part


CONDITIONS IN CONFERRING THE EMERGENCY POWER:
A. There must be war or other national emergency
! May include rebellion, economic crisis, pestilence or epidemic,
typhoon, flood or other similar catastrophe of nation-wide proportions
or effect
! Determination of presence must be based on effect

B. The delegation must be for a limited period only
! Self-liquidating in the sense that the power will automatically cease
upon the end of the emergency that justified their delegation
! May even be sooner withdrawn
! Intended to mean restrictive in duration
! Means that no new legislation is necessary to revoke the power
because it is supposed to end on its own; to require a separate
legislation would mean that the power is unlimited and uncertain until
stopped by the legislature

C. The delegation must be subject to such restrictions as the Congress may
prescribe

D. The emergency powers must be exercised to carry out a national policy
declared by the Congress
! Acts must be necessary and proper for the purpose of carrying out a
national policy declared not by him but the legislature

3. DELEGATION TO THE PEOPLE
! Cooley: power can no longer be delegated back to the people because they
have already voluntarily surrendered these powers to the government when
they adopted the Constitution. To delegate back to the people is an
abdication of their law-making power
! Not really a delegation because the power is already reserved to the people
via Article 17

Referendum : method of submitting an important legislative measure to a direct
vote of the whole people

Plebiscite : same as referendum but the questions submitted are intended to
work more permanent changes in the political structure, like a
proposal to amend the constitution



DELEGATION OF POWERS
1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations
4. DELEGATION TO LOCAL GOVERNMENT UNITS
! Rationale: local legislatures are more knowledgeable than the national
lawmaking body on matters of purely local concern and are therefore in a
better position to enact the necessary and appropriate legislation thereon
! Local governments are not states within states; laws or ordinances
promulgated by them must never be bigger in scope than laws passed by
Congress

Delegated by the Constitution: power of taxation (1987 A10 S5)

Delegated by Congress: eminent domain; police power (LGC)

5. DELEGATION OF ADMINISTRATIVE BODIES
! Rationale: the proliferation of specialized activities and their attendant
peculiar problems
! Admin bodies may implement broad policies laid down in a statute by filling
in the details which the Congress may not have the opportunity or
competence to provide
! Regulations created by such bodies have the force and effect of law

Supplementary Regulations : implementing rules

Contingent Regulations : rules that determine some fact or state of
things upon which the enforcement of a law
depends, to enforce or suspend the same


TEST OF VALID DELEGATION
! To determine whether the delegation has been validly made
! The delegation must be circumscribed by legislative restrictions not a roving
commission that will give the delegate unlimited legislative authority

Delegation of power to legislate: necessarily involves discretion as to what the
law shall contain

Discretion as to its execution: discretion only as to how the law will be
applied

! To be valid, must satisfy both the completeness test and the sufficient standard
test

THE COMPLETENESS TEST (What to do)
! The law delegating power must be complete in all its essential terms and
conditions when it leaves the legislature so that there will be nothing left for the
delegate to do when it reaches him except to enforce it
! The law delegating power must set forth therein the policy to be executed by the
delegate







THE SUFFICIENT STANDARD TEST (How to do it)
! The law delegating power must contain a sufficient standard that maps out the
boundaries of the delegates authority by defining the legislative policy and
indicating the circumstances under which it is to be pursued and effected
! The law delegating power must set forth the limits which are sufficiently
determinate or determinableto which the delegate must conform in the
performance of his functions
! Without which the courts have no means of determining, with reasonable
certainty, whether the delegate has acted within or beyond the scope of his
authority
! To prevent the total transference of legislative power
! Can be inferred from
o The totality of the tenor of the law (context of purpose, other reqts)
o Other laws on the same subject
o Public policy
! Considered sufficient standards:
o Public interest
o Simplicity, economy and efficiency
o Public welfare
o Justice and equity
o The sense and experience of men
o National security


CREATION OF PENAL LAWS BY DELAGATES
1. Basic law makes the act a crime
2. Basic law provides for its penalty
3. IRR that penalizes must be published
1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations


1987 A6 S1 The legislative power shall be vested in the Congress of the
Philippines which shall consist of a Senate and a House of
Representatives, except to the extent reserved to the people by
the provision on initiative and referendum.

UNICAMERALISM
! Congress under the 1935 and 1973 Constitutions
! Legislature with only 1 house
! Advantages:
o Simplicity of organization
o Economy and efficiency
o Avoidance of duplication
o Strengthening of the legislature in relation of the executive
o Training ground for national leaders

BICAMERALISM
! Congress in the 1987 Constitution
! Legislature with 2 houses (Senate, House of Representatives)
! Advantages:
o Check and balance between the national perspective (senate) and the
parochial interests (HoR)
o Allows for more careful study of legislation
o Less vulnerable to attempts at control by executive

NATURE OF LEGISLATIVE POWER
! Power to make, alter and repeal laws
! Derivative and delegated power
o People reposed in the Legislature the power through the Constitution
! Plenary in scope
o Because the scope is not enumerated, any power deemed to be
legislative by usage and tradition is necessarily possessed by
Congress, unless lodged elsewhere
! Substantive Limitations: circumscribe both the exercise of the power itself and
the allowable subjects of legislation
o Non-delegable
o Congress cannot pass irrepealable laws (would constitute an indirect
amendment of the Constitution which vests the power to make, amend
and repeal laws to Congress)
o Bill of Rights
o Constitution
! Procedural Limitations: prescribe the manner of passing bills and the form they
should take








HOLDERS OF LEGISLATIVE POWER
! Legislature: plenary but not exclusive hold over legislative power
! People: initiative and referendum reserved for them
o A6 P32/ordinary legislative power and not A17/constituent power
o Operationalization left to the Congress
o Not plenary in scope, subject under the exceptions Congress may
impose
! President: extraordinary legislative power
o When there is no legislature
o When there are emergencies
" Because the Commander-in-Chief and the Emergency
Power are too cumbersome to be effective and efficient
o No procedural limitations like in the Congress
o Can repeal statutes enacted by Congress


SENATE
COMPOSITION
1987 A6 S2 The Senate shall be composed of twenty-four Senators who shall
be elected at large by the qualified voters of the Philippines, as
may be provided by law.
! 24 senators: amendment
! Elected by large by the entire electorate: amendment
o makes the Senate a training ground for national leaders and
possibly a springboard to the Presidency
o gives them a broader outlook of the problems of the country
! Manner of election (at large of the 24 senators): statute


QUALIFICATIONS
1987 A6 S3 No person shall be a Senator unless he is a natural-born citizen of
the Philippines and, on the day of the election, is at least thirty-
five years of age, able to read and write, a registered voter, and a
resident of the Philippines for not less than two years immediately
preceding the day of the election.

1. CITIZENSHIP REQUIREMENT: NATURAL BORN
1987 A4 S2 Natural-born citizens are those who are citizens of the
Philippines from birth without having to perform any act to
acquire or perfect their Philippine citizenship. Those who
elect Philippine citizenship in accordance with paragraph (3),
Section 1 hereof shall be deemed natural-born citizens.

2. AGE REQUIREMENT: AT LEAST THIRTY-FIVE
! Must be possessed on the day of the elections, when the polls are
opened and the votes are cast; not on the day of the proclamation of
the winners by the board of canvassers

3. LITERACY REQUIREMENT

4. REGISTERED VOTER REQUIREMENT



THE LEGISLATIVE DEPARTMENT
1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations
5. RESIDENCY REQUIREMENT: NOT LESS THAN 2 YEARS
Residence : used to mean domicile
: the place where one habitually resides and to which,
when he is absent, he has the intention of returning
: acquisition of a new residence results in the forfeiture of
the old; however, an intention to abandon his old
residence cannot be legally be inferred from his act in
establishing a home elsewhere or otherwise conducting
his activities therein, absences of a clear showing that
he has decided to adopt a new residence


TERM
1987 A6 S4 The term of office of the Senators shall be six years and shall
commence, unless otherwise provided by law, at noon on the
thirtieth day of June next following their election. No Senator shall
serve for more than two consecutive terms. Voluntary
renunciation of the office for any length of time shall not be
considered as an interruption in the continuity of his service for
the full term of which he was elected.

1987 A18 S2 The Senators, Members of the House of Representatives, and the
local officials first elected under this Constitution shall serve until
noon of June 30, 1992.

Of the Senators elected in the elections in 1992, the first twelve
obtaining the highest number of votes shall serve for six years
and the remaining twelve for three years.

STAGGERING OF TERMS
Senators elected in 1987 : served only 5 years
Senators elected in 1992 : top twelve served for 6 years until 1998
bottom twelve served for 3 years until 1995
Senators elected in 1995 : all twelve served for 6 years until 2001
Senators elected in 1998 : all twelve served for 6 years until 2004
! Scheme created the bracketing of the elections of the senators
! Means that there will be elections for 12 senators every 3 years
! Done so that the senate shall not at any time be completely dissolved; $ is
retained while the other $ is replaced/reelected every 3 years

CONTINUITY OF THE LIFE OF THE SENATE
! Intended to encourage the maintenance of Senate policies
! Intended to guarantee that there will be experienced members who can help ad
train newcomers in the discharge of their functions

TWO CONSECUTIVE TERM LIMIT
! So they will not entrench themselves in power/dissuade the creation of dynasties

* Election: every 3 years
Term limit: can run again after 3 years from 2
nd
term

* Term: period of time allotted to the office by law
Tenure: period during which the official actually holds office


1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations
HOUSE OF REPRESENTATIVES
COMPOSTITION
1987 A6 S5 The House of Representatives shall be composed of not more
than two hundred and fifty members, unless otherwise fixed by
law, who shall be elected from legislative districts apportioned
among the provinces, cities, and the Metropolitan Manila area in
accordance with the number of their respective inhabitants, and
on the basis of a uniform and progressive ratio, and those who, as
provided by law, shall be elected through a party-list system of
registered national, regional, and sectoral parties or
organizations.

The party-list representatives shall constitute twenty per centum
of the total number of representatives including those under the
party list. For three consecutive terms after the ratification of this
Constitution, one-half of the seats allocated to party-list
representatives shall be filled, as provided by law, by selection or
election from the labor, peasant, urban poor, indigenous cultural
communities, women, youth, and such other sectors as may be
provided by law, except the religious sector.

Each legislative district shall comprise, as far as practicable,
contiguous, compact, and adjacent territory. Each city with a
population of at least two hundred fifty thousand, or each
province, shall have at least one representative.

Within three years following the return of every census, the
Congress shall make a reapportionment of legislative districts
based on the standards provided in this section.

1. DISTRICT REPRESENTATIVES
! Elected directly from the territorial unit he is seeking to represent
! Originally 200 members based on the initial apportionment of the
legislative districts (200), as can be found on the Ordinance attached to
the Constitution

RE/APPORTIONMENT
! Way to increase the number of members of the HoR
! Can either be through:
1. Creation of new legislative districts
2. Creation of new cities (250,000 popu = 1 rep)
3. Creation of new provinces (1 province = 1 rep)
4. Compliance with census
! Justiciable issue
! Can only be done by Congress (and not by the ARMM, local
legislatures or COMELEC)
! Focuses more on statute-created inequality than factual inequality;
jurisprudence does not have an answer yet when there is a factual
inequality and the Congress refuses to remedy the situation
! Legislative districts % political subdivisions (cities, provinces)




LEGISLATIVE DISTRICTS
1. Must be in accordance with the number of their respective inhabitants,
and on the basis of a uniform and progressive ratio
2. Must be compact (solid), contiguous (in physical contact with each
other), and adjacent (close by or near)
3. Must be with 250,000 population for cities, must have 1 representative
for every province (no matter the population)
4. Within 3 years from the return of a census, Congress must make a
reapportionment in accordance with the same
! Census cannot be compelled from Congress
! Census is not necessary to create legislative districts

GERRYMANDERING
! Creation of representative districts out of separate portions of territory
in order to favor a candidate


2. SECTORAL REPRESENTATIVES
! Extending protection to the interests of groups which are not
adequately attended to in normal legislative deliberations
o Labor
o Peasant
o Urban poor
o Indigenous cultural communities
o Women
o Youth
o Others as may be provided by law (except religious sector)
! Seats are reserved (50% of 20% of the 250)
! Recognition of the inability of the disadvantaged sectors to compete in
the political process
! Operative for only the first 3 consecutive terms after the ratification of
the Constitution (1987-1998)
! Manner of choosing:
o Selection: presidential appointment (A18 S7; needs
confirmation)
o Election: legislature through a special law


3. PARTY-LIST REPRESENTATIVES
! Chosen indirectly, through the party he represents, which is the one
voted for by the electorate
! Constitutes 20% of the total membership of the House of
Representatives
! Seeks to avoid the dilemma of choice of sectors and who constitute the
members of the sectors; can be national, regional, and sectoral parties
or organizations
! No reserved seats for sectors; sectors must battle it out with other
parties or organizations

RA 7941
! Rules for the selection of the party-list representatives



1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations
QUALIFICATIONS
1987 A6 S6 No person shall be a Member of the House of Representatives
unless he is a natural-born citizen of the Philippines and, on the
day of the election, is at least twenty-five years of age, able to
read and write, and, except the party-list representatives, a
registered voter in the district in which he shall be elected, and a
resident thereof for a period of not less than one year immediately
preceding the day of the election.

1. CITIZENSHIP REQUIREMENT: NATURAL BORN
1987 A4 S2 Natural-born citizens are those who are citizens of the
Philippines from birth without having to perform any act
to acquire or perfect their Philippine citizenship. Those
who elect Philippine citizenship in accordance with
paragraph (3), Section 1 hereof shall be deemed
natural-born citizens.
! Natural born can either be
o Those who need not do anything
o Those who elected Philippine citizenship through
" A4 S1 P3: Filipina mother, election at 18
" Repatriation

2. AGE REQUIREMENT: AT LEAST 25

3. LITERACY REQUIREMENT

4. REGISTERED VOTER REQUIREMENT
D: Distrcit where he is running
S: Of any district
P: Of any district

5. RESIDENCY REQUIREMENT: AT LEAST 1 YEAR
D: District where he is running
S: In the Philippines
P: In the Philippines

RESIDENCE
! synonymous to domicile

DOMICILE
! The place where one habitually resides and to which, when he is
absent, he has the intention of returning
! Acquisition of a new residence results in the forfeiture of the old;
however, an intention to abandon his old residence cannot be legally
be inferred from his act in establishing a home elsewhere or otherwise
conducting his activities therein, absences of a clear showing that he
has decided to adopt a new residence
! To ensure familiarity with the conditions and problems of the
constituency sought to be represented and consequent efficiency and
concern in the discharge of the legislative duties on its behalf
! May be lost and reestablished
! Registration as voter elsewhere does not show intent to change
domicile

REQUISITES OF ACQUIRING DOMICILE BY CHOICE
1. Residence or bodily presence in the new locality
2. An intention to remain there
3. An intention to abandon the old domicile

Animus revertendi : intention to return
Animus manendi : intention to stay

PARTY-LIST REPRESENTATIVE
! Must also be a bona-fide member of the party he seeks to represent at least 90
days before election day


TERM
1987 A6 S7 The Members of the House of Representatives shall be elected
for a term of three years which shall begin, unless otherwise
provided by law, at noon on the thirtieth day of June next following
their election. No Member of the House of Representatives shall
serve for more than three consecutive terms. Voluntary
renunciation of the office for any length of time shall not be
considered as an interruption in the continuity of his service for
the full term for which he was elected.
! To synchronize elections with Senators (every 3 years), the President and
the Vice-President (every 6 years)
! Change in term: amendment
Change in start of term: statute

* Election: every 3 years
Term limit: can run again after 3 years from 3
rd
term

* Term: period of time allotted to the office by law
Tenure: period during which the official actually holds office









1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations
CONGRESS

SENATE HOUSE OF REPRESENTATIVES
Composition
District Party-list
24
(by amendment)
x
(by statute)
x
Elected Directly Directly Indirectly
Voters At large District level At large
Citizenship Natural-born citizen
Age 35 25 25
Literacy Able to read and write
Registered
voter
Of any district
Of district where he
is running
Of any district
Residency
(immediately
preceding the
elections)
At least 2 years
(in the Philippines)
At least 1 year
(in the district where
he is running)
At least 1 year
(in the Philippines)
Term 6 years 3 years 3 years
Term limit 2 consecutive terms 3 consecutive terms 3 consecutive terms


* CONTINUING REQUIREMENTS: they must be possessed for the entire duration of
the members incumbency.

* EXCLUSIVE: based on the principle of expressio unius est exclusio alterius, with the
result that it is not competent for the Congress to provide by mere legislation for
additional qualifications no matter how relevant they may be.

* QUALIFICATIONS: addition will constitute amendments
DISQUALIFICATIONS: addition will only constitute a statutory enactment (generally
narrowly constructed against by the Courts; do not favor idea
that Congress can deprive a member-elect of their office)










ELECTION & REPLACEMENT
1987 A6 S8 Unless otherwise provided by law, the regular election of the
Senators and the Members of the House of Representatives shall
be held on the second Monday of May.

S9 In case of vacancy in the Senate or in the House of
Representatives, a special election may be called to fill such
vacancy in the manner prescribed by law, but the Senator or
Member of the House of Representatives thus elected shall serve
only for the unexpired term.

REGULAR ELECTIONS
General : 2
nd
Monday of May
Exception : otherwise provided by law

SPECIAL ELECTIONS
! Called on in the manner prescribed by law
! Calling is not mandatory
! Replacement only to continue remaining years of the term
! Counted as 1 term of the replacement


SALARIES
1987 A6 S10 The salaries of Senators and Members of the House of
Representatives shall be determined by law. No increase in said
compensation shall take effect until after the expiration of the full
term of all the Members of the Senate and the House of
Representatives approving such increase.
! RATIONALE: bar from yielding to natural temptation to increase their
salaries. With the length of time that has to elapse, there is a deterrent
factor to any such measure unless the need for it is clearly felt
! Checked by 1987 A6 S20 requiring that records and books of accounts of
Congress shall be preserved and be open to the public in accordance with
law, and such books shall be audited by the Commission on Audit which
shall publish annually an itemized list of amounts paid to and expenses
incurred for each member

CHANGE IN SALARIES
! Increase of salaries: only to take effect after term of those who
approved of the same
Decrease of salaries: no prohibition
Receipt of allowances: no prohibition; may be voted on into law

! Salaries: full term prohibition
Allowances/benefits: no prohibition (only moral)

EXPIRATION OF THE FULL TERM OF ALL THE MEMBERS
! Pertains to the full term of both the Senate and the House
! In short, the lapse is 6 years, the term of the Senators





1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations
PARLIAMENTARY IMMUNITIES
1987 A6 S11 A Senator or Member of the House of Representatives shall, in all
offenses punishable by not more than six years imprisonment, be
privileged from arrest while the Congress is in session. No
Member shall be questioned nor be held liable in any other place
for any speech or debate in the Congress or in any committee
thereof.

1. PRIVILEGE FROM ARREST
! Pertains to physical restraint
! Ensure representation of the constituents of the member of Congress
by preventing attempts to keep him from attending its sessions
! Covers both civil and criminal cases punishable by not more than 6
years imprisonment (prision correccional)
! Does not include immunity from searches and seizures
! Session means the entire duration from convening to adjournment;
whether or not the legislator is attending it

2. PRIVELEGE OF SPEECH AND DEBATE
! Pertains to intellectual restraint
! Enables the legislator to express views bearing upon public interest
without fear of accountability outside the halls of the legislature for his
inability to support his statements with the usual evidence required in
the court of justice
! Applies as long as act was in the performance of public function:
o Regardless whether in session or not
o Regardless of where it was delivered
! Immunity applies only to civil courts; may still be punished within
Congress itself

LEGISLATIVE ACTION : refers to the deliberative and communicative
process by which members participate in
committee and House proceedings in the
consideration of proposed legislation or of
other matters that the Constitution places
within the jurisdiction of the legislature

CONFLICT OF INTEREST
1987 A6 S12 All Members of the Senate and the House of Representatives
shall, upon assumption of office, make a full disclosure of their
financial and business interests. They shall notify the House
concerned of a potential conflict of interest that may arise from the
filing of a proposed legislation of which they are authors.
! Pertains to:
o Full disclosure of their financial and business interests
o Notify when there is a potential conflict of interest from a
proposed legislation
! RATIONALE: Potential for self-aggrandizement will be reduced
! Does not prevent said legislator from participating in legislation
! Will only allow other legislators to keep a close eye on said legislator




INCOMPATIBLE AND FORBIDDEN OFFICES
1987 A6 S13 No Senator or Member of the House of Representatives may hold
any other office or employment in the Government, or any
subdivision, agency, or instrumentality thereof, including
government--owned or controlled corporations or their
subsidiaries, during his term without forfeiting his seat. Neither
shall he be appointed to any office which may have been created
or the emoluments thereof increased during the term for which he
was elected.

INCOMPATIBLE OFFICES
! Refers to the first sentence of the article
! The other office may either be appointive or elective
! RATIONALE: prevent him from owing loyalty to another branch of the
government, to the detriment of the independence of the legislature and the
doctrine of separation of powers
! Not absolute: refers only to the simultaneous holding of that office and the seat in
Congress, and will only cause foefeiture
! Holding of another office = forfeiture of seat in Congress
o Automatic upon holding of the incompatible office
o No resolution is necessary
! Exceptions:
o Electoral Tribunals
o Second office is shown to be an extension of the legislative position or
is in aid of legislative duties
o Membership in the UP Board of Regents
o Becoming treaty negotiators

FORBIDDEN OFFICES
! Refers to the second sentence of the article
! The other office is only appointive
! RATIONALE: to prevent the trafficking in public office
! Not allowed only during the term for which he was elected, when such office was
created or its emoluments were increased

INHIBITIONS AND DISQUALIFICATIONS
1987 A6 S14 No Senator or Member of the House of Representatives may
personally appear as counsel before any court of justice or before
the Electoral Tribunals, or quasi--judicial and other administrative
bodies. Neither shall he, directly or indirectly, be interested
financially in any contract with, or in any franchise or special
privilege granted by the Government, or any subdivision, agency,
or instrumentality thereof, including any government-- owned or
controlled corporation, or its subsidiary, during his term of office.
He shall not intervene in any matter before any office of the
Government for his pecuniary benefit or where he may be called
upon to act on account of his office.

PERSONALLY APPEAR AS COUNSEL
! Barred from all courts of justice, including HR/SET, courts martial, SEC, etc
! RATIONALE: prevent legislator from exerting undue influence, deliberately or
not, upon the body where he is appearing; appearance is enough, considering
1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations
the powers available to the legislator which he can exercise to reward or punish a
judge deciding his case
! Lawyer-legislator may still practice his profession, only in way that do not
necessitate him to appear before the courts (someone else can do it for him)
! Applies only to the lawyer-legislator, not his law firm

BE INTERESTED FINANCIALLY IN ANY CONTRACT WITH THE GOVERNMENT
! RATIONALE: this is because of the influence that the legislator can easily
exercise in obtaining these concessions
! Businessman-legislator can still enter into transactions with the government, as
long as they do not involve financial interests or those from which the legislator
expects to derive some profit at the expense of the government

NOT INTERVENE IN ANY MATTER


SESSIONS
1987 A6 S15 The Congress shall convene once every year on the fourth
Monday of July for its regular session, unless a different date is
fixed by law, and shall continue to be in session for such number
of days as it may determine until thirty days before the opening of
its next regular session, exclusive of Saturdays, Sundays, and
legal holidays. The President may call a special session at any
time.

REGULAR SESSIONS
! General : 4
th
Monday of July
! Exception : date fixed by law
! Must adjourn 30 days before opening of next regular session

SPECIAL SESSIONS
! General : called on by the President
! Exception : Congress convenes itself
o Canvassing of presidential elections
o Calling a special elections when both Presidency and Vice-Presidency
are vacated
o Exercising power of impeachment


OFFICERS
1987 A6 S16 P1 The Senate shall elect its President and the House of
Representatives, its Speaker, by a majority vote of all its
respective Members. Each House shall choose such other
officers as it may deem necessary.

CONSTITUTIONALLY MANDATED OFFICERS
! Senate President and House Speaker
! Elected through a majority vote of all its respective members
! Do not have a fixed term, may be replaced at any time at the pleasure of a
majority of all the members of their respective chambers
! Highly political positions, incumbency depends on partisan alignments of
colleagues
! Justiciable issue
OTHER OFFICERS
! Members of the legislature:
o Senate President pro tempore
o Speaker pro tempore
o Majority and minority floor leaders
o Chairmen of the various standing and special committees
! Non-members of the legislature:
o Secretary
o Sergeant-at-arms
! Left to the discretion of the house as to the officers and their election
! Political question


QUORUM
1987 A6 S16 P2 A majority of each House shall constitute a quorum to do
business, but a smaller number may adjourn from day to day and
may compel the attendance of absent Members in such manner,
and under such penalties, as such House may provide.
! Senate: 50% + 1 of all 24 senators (13)
! House of Representatives: 50% + 1 of all 250+ Representatives (76)
! After acquiring quorum, a small number may adjourn

* Cuenco ruling was an exception

RECESS
1987 A6 S16 P5 Neither House during the sessions of the Congress shall, without
the consent of the other, adjourn for more than three days, nor to
any other place than that in which the two Houses shall be sitting.
! RATIONALE: because of the restoration of bicameralism, which envisions
collaboration and coordination between the two chambers, there is a need
for constant contact and consultation which will not be possible if the other
chamber is adjourned
! Adjournment: if more than 3 days
! Place: if in a different political unit, like province or city (not room or bldg.)

Compulsory recess: A6 S15 (30 days before next regular session)
Voluntary recess : A6 S16 (more than 3 days)


JOURNALS
1987 A6 S16 P4 Each House shall keep a Journal of its proceedings, and from
time to time publish the same, excepting such parts as may, in its
judgment, affect national security; and the yeas and nays on any
question shall, at the request of one--fifth of the Members
present, be entered in the Journal. Each House shall also keep a
Record of its proceedings.

JOURNAL
! Resume or the minutes of what transpired during a legislative session
! General summary
! RATIONALE: authenticating proceedings; for the interpretation of laws through a
study of the debates held thereon; inform public of the official conduct of their
legislators

1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations
RECORD
! Word-for-word transcript of the proceedings taken during the session
! Specific summary

JOURNAL v ENROLLED BILL
! General : Enrolled bill
o A duly authenticated copy of a bill or resolution bearing the signature of
the Speaker and Senate President and the certification of the their
secretaries that such bill was passed
! Exception : Journal
o Only on matters that are required to be entered in the journals
o When the signatures on the enrolled bill are withdrawn
! Either is respected because to overcome their conclusive nature is to invade the
coordinate and independent department of the government, and to interfere with
the legitimate powers and functions of the Legislature
! To take away the impeachability of either in one is to take either away in all, and
the evidence of the laws must rest upon a foundation less certain and durable
! Remedy is by amendment or curative legislation, not by judicial decree


DISCIPLINE OF MEMBERS
1987 A6 S16 P3 Each House may determine the rules of its proceedings, punish
its Members for disorderly behavior, and, with the concurrence of
two--thirds of all its Members, suspend or expel a Member. A
penalty of suspension, when imposed, shall not exceed sixty
days.

RULES OF ITS PROCEEDINGS
! Inherent power of any body
! Needed for the orderly conduct of the session of Congress
! Discretionary on the part of the Congress as to formulation, application and
revocation
! Subject to judicial review:
o General : Not subject to judicial review; political question
o Exception : When the House Rules violate fundamental rights of
third persons

DISCIPLANARY MEASURES
! Even without the provision, said power is inherent to each House
! Instead of conferring it, the provision actually limits the power because of the
specific conditions laid down for its proper exercise
! Disorderly behavior
o prerogative of Congress to interpret and cannot be subject to judicial
review
o political question
! Suspension
o Must not exceed 60 days
o Needs concurrence of 2/3 votes of all its members
! Expulsion
o Needs concurrence of 2/3 votes of all its members



ELECTORAL TRIBUNALS
1987 A6 S17 The Senate and the House of Representatives shall each have an
Electoral Tribunal which shall be the sole judge of all contests
relating to the election, returns, and qualifications of their
respective Members. Each Electoral Tribunal shall be composed
of nine Members, three of whom shall be Justices of the Supreme
Court to be designated by the Chief Justice, and the remaining six
shall be Members of the Senate or the House of Representatives,
as the case may be, who shall be chosen on the basis of
proportional representation from the political parties and the
parties or organizations registered under the party--list system
represented therein. The senior Justice in the Electoral Tribunal
shall be its Chairman.

COMPOSITION
! Proportional representation
o Favors multi-party system
o Seats are apportioned among all the parties represented in each
chamber, including party-list members
! Parties are entitled to nominate the representatives they will send to the tribunal;
the Constitutional Commission and jurisprudence have no answer yet as to what
will happen if the parties fail to fill the given seats (who will choose/replace)
! Change in political representation does not equate to a change in membership

NATURE
! Members are non-partisan
! Independent of the Legislature
o Even though 2/3 of its membership is from Congress
o Even though under the Article on the Legislative Department
o Can prescribe their own rules of procedure separate and distinct
o Can have its own employees
! Independent of COMELEC
! Independent of the Supreme Court
o In lieu of being the sole judge
o GEN: Decisions are not appealable to the SC
o EXC: Clear showing of grave abuse of discretion
! Functions even beyond session of Congress

COMELEC VS HR/SET
! Source of confusion may be found principally in the grant of broad administrative
powers to the COMELEC. The business of proclaiming candidates, which
normally should be the dividing line between a pre-proclamation controversy and
a contest, is itself subject to election laws which the COMELEC is bound to
administer

Comelec : pre-proclamation challenges
! Decide whether or not the candidate can be voted for
! Limited to incomplete returns, or returns with material defects, or returns
which appeared to be tampered with, falsified or prepared under duress, or
containing discrepancies in the votes credited to any candidate, the
difference of which would affect the results



1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations
Hr/set : post-proclamation contests
! Election contests: decided whether challenger can replace the winner
! Qualifications: Constitutional + statutory requirements
! Returns: errors in canvassing which are not manifest/needs opening of
ballot boxes
! Election


COMMISSION ON APPOINTMENTS
1987 A6 S17 There shall be a Commission on Appointments consisting of the
President of the Senate, as ex officio Chairman, twelve Senators,
and twelve Members of the House of Representatives, elected by
each House on the basis of proportional representation from the
political parties and parties or organizations registered under the
party--list system represented therein. The chairman of the
Commission shall not vote, except in case of a tie. The
Commission shall act on all appointments submitted to it within
thirty session days of the Congress from their submission. The
Commission shall rule by a majority vote of all the Members.

COMPOSITION
! Total of 25:
o Senate President
o 12 Senators
o 12 Representatives
! 12 membership of either house is not mandatory
! No rounding off of seats
! Reorganization is allowed if changes in political affiliation is of permanent
character

NATURE
! Serves as an administrative check on the appointing authority of the President
! Functions are purely executive
! Can formulate own rules
! Independent of Congress
o Powers emanate directly from the Constitution, not Congress
! Independent of Supreme Court
o Appointments cannot be questioned
o Rules cannot be questioned

KINDS OF APPOINTMENTS
During sessions : president must clear his nominations with the
CoA first
: unless it is organized, no appointment can be
made

Ad interim appointments : appointments made during the recess
: subject to consideration later by the
Commission, for confirmation or rejection
: non-action of CoA during the following sesion
will render appointments by-passed



ORGANIZATION
1987 A6 S19 The Electoral Tribunals and the Commission on Appointments
shall be constituted within thirty days after the Senate and the
House of Representatives shall have been organized with the
election of the President and the Speaker. The Commission on
Appointments shall meet only while the Congress is in session, at
the call of its Chairman or a majority of all its Members, to
discharge such powers and functions as are herein conferred
upon it.


HR/SET CoA
Not coaetenous with Congress (30 days after election of officers)
Composition not affected by changes in
political representation in Congress
(affects being sole judge)
Composition is affected by changes in
political representation in Congress
(as long as of permanent character)


1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations


LEGISLATIVE POWERS
1. Taxation
2. Appropriation
3. Expropriation

NON-LEGISLATIVE POWERS
1. Canvass of presidential and vice-presidential elections
2. Declaration of existence of state of war
3. Concur in treaties and amnesties
4. Propose constitutional amendments
5. Impeach

IMPLIED/INHERENT POWERS
1. Punish in contempt
2. Discipline its members
3. Promulgate internal rules of proceedings

LEGISLATIVE POWER IN GENERAL
Power of lawmakingmake, alter or repeal laws

Statute : the written will of the legislature, solemnly expressed according to
the forms necessary to constitute it the law of the state

PROCEDURE
1987 A6 S26 P2: No bill passed by either House shall become a law unless it has
passed three readings on separate days, and printed copies
thereof in its final form have been distributed to its Members three
days before its passage, except when the President certifies to
the necessity of its immediate enactment to meet a public
calamity or emergency. Upon the last reading of a bill, no
amendment thereto shall be allowed, and the vote thereon shall
be taken immediately thereafter, and the yeas and nays entered
in the Journal.

1. Introduction: filing of the bill
2. 3 readings
3. Exchange with other house; 3 readings/Bicameral Conference
4. Authentication of Bills
5. Approval of the President












ON THE PART OF CONGRESS
Step 2: Three readings
General: Three readings on separate days, and printed copies thereof in its
final form have been distributed to its Members three days before
its passage

1
st
reading - reading the number and title of the bill, followed by
referral of Senate President or House Speaker to the
appropriate committee for study and recommendation
- the bill may be killed in the committee or it may be
recommended for approval
- public hearings may be held thereon
- bills of the same nature or purpose, they may all be
consolidated into one bill under common authorship or
as a committee bill

2
nd
reading - bill shall be read in full with the amendments proposed
by the Committee, if any, unless copies thereof are
distributed and such reading is dispensed with
- then, there will be debates, pertinent motions, and
amendments
- after the amendments shall have been acted upon, the
bill will be voted on second reading
- after approved, it shall be calendared for a third reading

3
rd
reading - final vote by yeas and nays

Exception: Presidential certification; dispenses with the requirement of both
the printing and distribution of copies of the bill but also the
readings on separate days

- does not dispense with the 3 readings, only the separate days
- presidential certification is not subject to judicial review

Step 3: Exchange with other house

No amendment: the bill is passed by Congress and the same will be
transmitted to the President for appropriate action

With amendment: disagreement in the amendments will be settled by the
Conference Committees of both chambers
! Conference committee is the mechanism for compromising
difference between the senate and the House in the passage of a
bill into law
! Can produce unexpected results, beyond that contemplated by
either house
! The Conference Committee report need not comply with the three
readings on separate days and printed copies thereof in its final
form be distributed (the eventual authentication shows that they
approve of the changes)




POWERS OF CONGRESS
1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations
Step 4: Authentication of Bills
! Where the lawmaking process in Congress ends
! Indispensible to the validity of the bill
! Duly authenticated when the Speaker and the Senate President signs the
printed copy of the approved bill, certified by the respective secretaries of
both house
! Signifies to the president that the bill being presented to him has been duly
approved by the legislature and is ready for his approval

Enrolled Bill Doctrine: signature and certification of both houses are
conclusive of its due enactment

House Journals: Regarded as conclusive with respect to matters that are
required by the Constitution to be recorded therein
! 1987 A6 S16 P4: yeas or nays on any question
! 1987 A6 S26 P2: yeas or nays on third reading
! 1987 A6 S27 P1: Presidents veto message; yeas or nays to enact bill
into law despite the veto

Enrolled Bill Doctrine v. Journal Rule
! General: enrolled bill
! Exception: journal rule as to matters the constitution requires to be
entered therein

Remedy to discrepancy in the bill and the enacted law:
! Amendment by curative legislation
! Withdrawal of the signatures of the Speaker and the Senate
Presidentwhen law different from deliberations and the journal
records

3 versions of the bill that the president will approve:
1. Originating from the house
2. Originating from the senate
3. Originating from the conference committee



















ON THE PART OF THE PRESIDENT
1987 A6 S27: Every bill passed by the Congress shall, before it becomes a law,
be presented to the President. If he approves the same he shall
sign it; otherwise, he shall veto it and return the same with his
objections to the House where it originated, which shall enter the
objections at large in its Journal and proceed to reconsider it. If,
after such reconsideration, two-thirds of all the Members of such
House shall agree to pass the bill, it shall be sent, together with
the objections, to the other House by which it shall likewise be
reconsidered, and if approved by two-thirds of all the Members of
that House, it shall become a law. In all such cases, the votes of
each House shall be determined by yeas or nays, and the names
of the Members voting for or against shall be entered in its
Journal. The President shall communicate his veto of any bill to
the House where it originated within thirty days after the date of
receipt thereof, otherwise, it shall become a law as if he had
signed it.

The President shall have the power to veto any particular item or
items in an appropriation, revenue, or tariff bill, but the veto shall
not affect the item or items to which he does not object.

Regular bill: veto entire bill
! President signs: bill becomes law
! President vetoes:
o Sent back to the house where it originated
o House can force enact the bill through a 2/3 vote of each
house
! President does nothing within 30 days: bill becomes law
o Counted from the date of its receipt by him
o Reason may be fear of antagonizing certain elements
o Reason may be his belief that the final judgment on its
constitutionality rests not with him but with the judiciary

Appropriations bill: veto specific items/inappropriate provisions


BILLS ORIGINATING FROM THE LOWER HOUSE
1987 A6 S24: All appropriation, revenue or tariff bills, bills authorizing increase
of the public debt, bills of local application, and private bills, shall
originate exclusively in the House of Representatives, but the
Senate may propose or concur with amendments.
! Based on the theory that, elected as they are from the districts, the
members of the House can be expected to be more sensitive to the local
needs and problems
! Must originate from the house but does not prevent the Senate from
concurring or proposing amendments that may produce a bill substantially
different (even complete substitution) from the original one; to prevent them
from doing so violates the coequality of the legislative power of the two
houses

Appropriation bill : one whose primary and specific purpose of which is to
authorize the release of funds from the public treasury

1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations
Revenue bill : levies taxes and raises funds for the government

Tariff bill : specifies rates or duties to be imposed on imported
articles

Bills authorizing increase in public debt: illustrated by one floating bonds for
public subscription redeemable after a certain period

Bills of local application : involves purely local or municipal matters, like a charter
of a city

Private bills : like a bill granting honorary citizenship to a
distinguished foreigner

PROHIBITED MEASURES
Substantive Limitations: circumscribe both the exercise of the power itself and
the allowable subjects of legislation
o Non-delegable
o Congress cannot pass irrepealable laws (would constitute an indirect
amendment of the Constitution which vests the power to make, amend
and repeal laws to Congress)
o Bill of Rights
o Non-impairment of doctrine of separation of powers
o Appointment of elective officials
o Enactment of ex-post facto laws
o Enactment of bills of attainder
o Non-impairment of the obligation of contracts
o Creation of royalty
o Increasing SC jurisdiction

Procedural Limitations: prescribe the manner of passing bills and the form they
should take
o One subject, one title rule
o 3 readings
o Presidents approval
o Origination clause

LEGISLATIVE INQUIRIES
1987 A6 S21 The Senate or the House of Representatives or any of its
respective committees may conduct inquiries in aid of legislation
in accordance with its duly published rules of procedure. The
rights of persons appearing in, or affected by, such inquiries shall
be respected.
! May be implied from the express power of legislation and does not itself
have to be expressly granted
! Not so much to authorize as in fact to limit the conduct of legislative
inquiries

Inquiry must be in aid of legislation: intention to legislate is important
Already pending
Still under consideration

Scope of questions
Do not necessarily have to be relevant to any pending legislation,
provided only that they are relevant to the subject matter of the
investigation being conducted


Legislative contempt
Failure or refusal to attend a legitimate legislative investigation or
contumacy of the witness may be punished
Duration of incarceration
o Senate: indefinitely because Senate is a continuing body
o HoR: from date of commission until adjournment

QUESTION HOUR
1987 A6 S22 The heads of departments may, upon their own initiative, with the
consent of the President, or upon the request of either House, as
the rules of each House shall provide, appear before and be
heard by such House on any matter pertaining to their
departments. Written questions shall be submitted to the
President of the Senate or the Speaker of the House of
Representatives at least three days before their scheduled
appearance. Interpellations shall not be limited to written
questions, but may cover matters related thereto. When the
security of the State or the public interest so requires and the
President so states in writing, the appearance shall be conducted
in executive session.
! PURPOSE
o Obtain information from the department secretaries on the
manner they are implementing the laws it has enacted
o Find out about matters related to pending or prospective
legislation, usually recommended by the administration itself


POWER OF APPROPRIATION
Appropriation measure may be defined as a statute the primary and specific purpose
of which is to authorize the release of public funds from the treasury

General appropriations : passed annually intended to provide for the
financial operations of the entire government

Special appropriations : designed for specific purpose, such as a
creation of a fund for the relief of typhoon
victims
: creation of an office is not an appropriation
measure because the main purpose is not to
appropriate funds

RESTRICTIONS ON THE PASSAGE OF BUDGET/REVENUE BILLS
1. 1987 A6 S25 P1: The Congress may not increase the appropriations
recommended by the President for the operation of the Government as
specified in the budget. The form, content, and manner of preparation of the
budget shall be prescribed by law.
! may decrease but not increase
! President is for proposal only; power of the purse still with Congress

1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations
2. 1987 A6 S25 P2: No provision or enactment shall be embraced in the
general appropriations bill unless it relates specifically to some particular
appropriation therein. Any such provision or enactment shall be limited in its
operation to the appropriation to which it relates.

Items: a specific appropriation of money, not some general provision of law

Appropriate provision: conditions to items; how they are to be spent, etc

Inappropriate provision:
! Does not relate to any item in the GAB
o Repeals or amends a law
o Grants Congress power to exercise congressional veto
of the expenses for a specific purpose in the budget
o Denies the president to reduce or defer the spending
for a particular item
o Substantive legislation
o Unconstitutional provisions
! Treated like items and can be vetoed separately

3. 1987 A6 S25 P3: The procedure in approving appropriations for the
Congress shall strictly follow the procedure for approving appropriations for
other departments and agencies.

4. 1987 A6 S25 P4: A special appropriations bill shall specify the purpose for
which it is intended, and shall be supported by funds actually available as
certified by the National Treasurer, or to be raised by a corresponding
revenue proposal therein.

5. 1987 A6 S25 P5: No law shall be passed authorizing any transfer of
appropriations; however, the President, the President of the Senate, the
Speaker of the House of Representatives, the Chief Justice of the Supreme
Court, and the heads of Constitutional Commissions may, by law, be
authorized to augment any item in the general appropriations law for their
respective offices from savings in other items of their respective
appropriations.

General: No transfer of appropriations
Exceptions:
! President
! Senate President
! House Speaker
! Chief Justice
! Heads of Constitutional Commissions

# Within departments
! To another department

Purpose:
1. Prevent one department from being beholden to another
2. Prevent the disregard of the will of the legislature



Requirements:
1. Funds to be transferred are actually savings in the items of
expenditures
2. The purpose is to augment the items of expenditure to which transfer is
to be made

6. 1987 A6 S25 P6: Discretionary funds appropriated for particular officials
shall be disbursed only for public purposes to be supported by appropriate
vouchers and subject to such guidelines as may be prescribed by law.

7. 1987 A6 S25 P7: If, by the end of any fiscal year, the Congress shall have
failed to pass the general appropriations bill for the ensuing fiscal year, the
general appropriations law for the preceding fiscal year shall be deemed re-
enacted and shall remain in force and effect until the general appropriations
bill is passed by the Congress.

8. 1987 A6 S27 P2: The President shall have the power to veto any particular
item or items in an appropriation, revenue, or tariff bill, but the veto shall not
affect the item or items to which he does not object.

Can be vetoed separately:
! Items
! Inappropriate provisions
Cannot be vetoed separately: appropriate provisions
! Provisions which pose conditions to items in a budgetary
sense
! Cannot veto provision but leave the item

9. 1987 A6 S29 P1: No money shall be paid out of the Treasure except in
pursuance of an appropriation made by law

10. 1987 A6 S29 P2: No public money or property shall be appropriated,
applied, paid, or employed, directly or indirectly, for the use, benefit, or
support of any sect, church, denomination, sectarian institution, or system of
religion, or of any priest, preacher, minister, other religious teacher, or
dignitary as such, except when such priest, preacher, minister, or dignitary
is assigned to the armed forces, or to any penal institution, or government
orphanage or leprosarium.
! Must be read with A3 S5 on religious freedom and A2 S6 on the
separation of church and state
! Applies when benefit is
o deliberate
o main or primary purpose, not incidental
o exclusive, not available to the general public
o function is ecclesiastical (not when sectarian entity
functioning in a non-sectarian manner)

11. 1987 A6 S29 P3: All money collected on any tax levied for a special
purpose shall be treated as a special fund and paid out for such purpose
only. If the purpose for which a special fund was created has been fulfilled
or abandoned, the balance, if any, shall be transferred to the general funds
of the Government.

1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations
12. 1987 A14 S5 P5: The State shall assign the highest budgetary priority to
education and ensure that teaching will attract and retain its rightful share of
the best available talents through adequate remuneration and other means
of job satisfaction and fulfillment.
! Merely directory
! Congress must be able to respond to the imperatives of National
interest and the attainment of other state policies


POWER OF TAXATION
1987 A6 S28 P1 The rule of taxation shall be uniform and equitable. The Congress
shall evolve a progressive system of taxation.

Uniform : persons or things belonging to the same class shall be taxed at
the same rate

Equal : tax imposed by determined on the basis of the value of the
property

Equitable: tax burden must be imposed according to the taxpayers capacity
to pay

Progressive: tends to accelerate instead of arrest economic growth; tax
should be suited to the social conditions of the people

1987 A6 S28 P3 Charitable institutions, churches and personages or convents
appurtenant thereto, mosques, non-- profit cemeteries, and all
lands, buildings, and improvements, actually, directly, and
exclusively used for religious, charitable, or educational purposes
shall be exempt from taxation.
! Must be actually, directly and exclusively devoted to their basic purposes
! Pertain to ral estate taxes or ad valorem taxes

1987 A6 S28 P4 No law granting any tax exemption shall be passed without the
concurrence of a majority of all the Members of the Congress.
! Requires an absolute majority (2/3 vote of all the members of Congress)


POWER OF CONCURRENCE
1987 A7 S19 Except in cases of impeachment, or as otherwise provided in this
Constitution, the President may grant reprieves, commutations,
and pardons, and remit fines and forfeitures, after conviction by
final judgment.

He shall also have the power to grant amnesty with the
concurrence of a majority of all the Members of the Congress.

1987 A7 S21 No treaty or international agreement shall be valid and effective
unless concurred in by at least two--thirds of all the Members of
the Senate.




WAR POWER
1987 A6 S23 P1 The Congress, by a vote of two--thirds of both Houses in joint
session assembled, voting separately, shall have the sole power
to declare the existence of a state of war.
! We are not the aggressors; merely reacting to an aggression
! Sole act of the Congress
! After declaration, Congress does not become functus officio; Congress still
has to appropriate money for the army, etc


REFERENDUM & INITIATIVE
1987 A6 S32 The Congress shall, as early as possible, provide for a system of
initiative and referendum, and the exceptions therefrom, whereby
the people can directly propose and enact laws or approve or
reject any act or law or part thereof passed by the Congress or
local legislative body after the registration of a petition therefor
signed by at least ten per centum of the total number of registered
voters, of which every legislative district must be represented by
at least three per centum of the registered voters thereof.

Initiative : law made by the people then submitted to the people for a vote
Referendum: law made by Congress then submitted to the people for a vote


POWER # OF VOTES VOTING AS
Statute 50% + 1
Force enactment 2/3
Tax exemptions 2/3
War 2/3
Separately
(joint session)
Amnesty
Treaty 2/3 Senate