I.

POLITICAL LAW
1. Structure Of The Government
Section 1, Article 2 Consti: The Phiilppines is a democratic and republican state, sovereignty resides
in the people and all government authority emanates from the.
2. Power And Function Of The Government
A.

LEGISLATIVE

Article VI, Section 1, 1987 Constitution

Section 1. The legislative power shall be vested in the Congress of the Philippines which shall
consist of a Senate and a House of Representatives, except to the extent reserved to the people by
the provision on initiative and referendum.

Legislative power is not exclusively vested with the Congress. Yes, under the 1934
Constitution, but no, under the 1987 Constitution.

The reservation in the 1987 Constitution for the people to directly enact or propose laws by
the provision on initiative/referendum, is not a self-executing because of Section 32, Article 6: the
Congress shall as early as possible provide for a system of initiative and referendum and the
receptions therefrom whereby the people can directly propose and enact laws or approve or reject
laws

The Congress has enacted RA 7635 The law on initiative and referendum, which provides
for three (3) kinds of initiatives:
o On the Constitution
o On the Statutes
o On the Local Legislation

3. Legislative Enactment Process Summary

a. Filing/Calendaring for First Reading
A bill is filed in the Office of the Secretary where it is given a corresponding number and calendared
for First Reading.
b. First Reading
Its title, bill number, and authors name are read on the floor, after which it is referred to the proper
committee.
c. Committee Hearings/Report
Committee conducts hearings and consultation meetings. It then either approves the proposed bill
without an amendment, approves it with changes, or recommends substitution or consolidation with
similar bills filed.
d. Calendaring for Second Reading
The Committee Report with its approved bill version is submitted to the Committee on Rules for
calendaring for Second Reading.
e. Second Reading
Bill author delivers sponsorship speech on the floor. Senators engage in debate, interpellation,
turno en contra, and rebuttal to highlight the pros and cons of the bill. A period of amendments
incorporates necessary changes in the bill proposed by the committee or introduced by the
Senators themselves on the floor.
f.
Voting on Second Reading
Senators vote on the second reading version of the bill. If approved, the bill is calendared for third
reading.
g. Voting on Third Reading
Printed copies of the bills final version are distributed to the Senators. This time, only the title of
the bill is read on the floor. Nominal voting is held. If passed, the approved Senate bill is referred to

the House of Representatives for concurrence.

h. At the House of Representatives
The Lower Chamber follows the same procedures (First Reading, Second Reading and Third
Reading).
i.
Back to the Senate
If the House-approved version is compatible with that of the Senates, the final versions enrolled
form is printed. If there are certain differences, a Bicameral Conference Committee is called to
reconcile conflicting provisions of both versions of the Senate and of the House of Representatives.
Conference committee submits report on the reconciled version of the bill, duly approved by both
chambers. The Senate prints the reconciled version in its enrolled form.
j.
Submission to Malacaang
Final enrolled form is submitted to Malacaang. The President either signs it into law, or vetoes and
sends it back to the Senate with veto message.
4. Concept of Bicameral Conference Committee - BCC is a mechanism for compromising
differences between the Senate and HOR
a. In Tolentino v. Sec. of Finance by the nature of the function of BOC, it may produce
unexpected result
b. Phil. Judges Association v. Secretary Prado
5. Non-Legislative Functions of the Congress
a.
Section 1, Article 17 when the congress meets in order to directly propose
amendments/revisions to the Constitution, it is actin in Constituent Assembly Capacity
b. Impeachment Proceeding the HOR acts as the prosecuting arm, while the SENATE, as
the impeachment tribunal
c. Congress as Board of Canvassers
d. Section 23, 1st parg, Art. 6 the sole popwer to declare the existence of war;
e. Section 21, Art. 6- power of the Congress to conduct inquiries in aid of legislation
investigatorial power
f.
Section 19, 2nd parg, Art 7 Amnesty proclamations of the President will require
concurrence by majority of all the members of the Congress. Congress meets to concur
amnesty proclamation
g. Section 18, Article 6 - Acts on presidential appointments
h. Section 17, Article 6 - Acts as election tribunals on all contest relating to the
election returns
i.
Section 21, Article 7 senate acts on treaties or international agreements entered into by
the President
6. Congressional Oversight Power of the Congress
a. Legislative Scrutiny
When does the congress exercise its oversight function of Scrutiny?
i.
During Budget Hearings The power of appropriation belongs to the Congress but the one who
prepares the budget is the President under his Budgetary Power (Section 22, Article 7). The budget
is prepared by the President through the DBM which is submitted to the Congress that becomes the
basis of the enactment of the Congress of the General Appropriations Act. Once submitted, the
Congress will conduct budget hearings. Heads of different departments and agencies may be called
to justify their budget
ii.
During Confirmation Process in the Commission on Appointments There are certain
appointment of the President which require confirmation by the Congress, thus, they have to
appear during the confirmation process. Consist of 12 Senators and 12 Congressmen and the
Senate President as ex-officio chair.

Effect if the COA disapproves the appointment?

In Matibag v. Benipayo, the High Court states that the disapproval is actually a judgment on the
merits of an appointees quailification. It involves the exercise of checking function. Hence, he may
no longer be validly re-appointed in such position.
7. Legislative Investigation
a. Inquiry in aid of Legislation
Section 21 - he 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.
Is this power absolute? No, in Bengzon v. Senate Blue Ribbon, the High Court provides that it is
limited by the following:
a. In aid of legislation
b. in accordance with its duly published rules of procedure
c. The rights of persons appearing in or affected by such inquiries shall be respected.
Is this subject to judicial review? Yes, because of the limitation.
What if you dont attend? When the House conducts inquiry in aid of legislation, then you are
summoned and you dont appear, you may be cited in contempt or you may be sent to prison. How
long? As long as you do not cooperate.
Secretary v. Ermita, you may not refuse to appear because you are impairing the work of
Congress. It will also violate the right of the people to information on matters of public concern
NOTE! PLEASE READ SECRETARY V. ERMITA - G.R. No. 169777, April 20, 2006
Who may refuse to appear?
The President or his executive secretary upon the authority of the President. Provided that he must
invoke executive privilege re: states secrets, informers privilege, generic privilege, internal
deliberation
b.

Question Hour

SECTION 22. The heads of departments may upon their own initiative, with the consent of the
President, or upon the request of either House, as the rules of each House shall provide, appear
before and be heard by such House on any matter pertaining to their departments
Secretary v Ermita - Heads of the Department may validly refuse to attend Question Hour without
the approval of the president under EO 464.
c.

Legislative Supervision

Justice Puno said that supervision connotes a continuing awareness on the part of
Congressional Committee regarding the executive operations in a given administrative
area.
Congress enacts a law and it is Congress that create administrative agencies that will implement
the law it has enacted. It has the power to determine whether the law it has enacted is properly

administered and implemented. That is supervision. Since administrative agencies are created by
the Congress, it follows that the agencies may exercise such power as only delegated to them
2.

EXECUTIVE

Section 1. The executive power shall be vested in the President of the Philippines.
Faithful Execution Clause - Section 17. The President shall have control of all the executive
departments, bureaus, and offices. He shall ensure that the laws be faithfully executed.
Qualification of a President - Section 2. No person may be elected President unless he is a naturalborn citizen of the Philippines, a registered voter, able to read and write, at least forty years of age
on the day of the election, and a resident of the Philippines for at least ten years immediately
preceding such election.
a.

Powers of the Chief Executive

Appointing Power
Section 16. The President shall nominate and, with the consent of the Commission on
Appointments, appoint the heads of the executive departments, ambassadors, other public
ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and
other officers whose appointments are vested in him in this Constitution. He shall also appoint all
other officers of the Government whose appointments are not otherwise provided for by law, and
those whom he may be authorized by law to appoint. The Congress may, by law, vest the
appointment of other officers lower in rank in the President alone, in the courts, or in the heads of
departments, agencies, commissions, or boards.
Control Power
Section 17. The President shall have control of all the executive departments, bureaus, and
offices. He shall ensure that the laws be faithfully executed.
Powers of the President as Commander in Chief Section 18
i.
Calling Out Power
ii.
Power to declare Martial Law
iii.
Power to suspend the privilege of writ of HC
Pardoning Power Section 19
iv.
Power to grant reprieves
v.
Commutation
vi.
Pardons
vii.
Remit fines and forfeiture
viii.
Amnesty with the concurrence of all members of the Congress
Borrowing Power
Section 20. The President may contract or guarantee foreign loans on behalf of the Republic of the
Philippines with the prior concurrence of the Monetary Board, and subject to such limitations as
may be provided by law.
Treaty Making Power
Section 21. 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.

Budgetary Power
Section 22. The President shall submit to the Congress, within thirty days from the opening of
every regular session as the basis of the general appropriations bill, a budget of expenditures and
sources of financing, including receipts from existing and proposed revenue measures.
Informing Power - SONA
Section 23. The President shall address the Congress at the opening of its regular session. He may
also appear before it at any other time.
3. JUDICIARY
1. Judicial Power
a. Traditional Concept includes the duty of the courts to settle actual case or controversy
involving rights which are legally demandable and enforceable
b. Expanded Concept duty to determine whether there has been a grave abuse of discretion
amounting to lack or in excess of jurisdiction on the part of any branch or instrumentality of the
government.
c.
Political Questionthey are those questions to be decided by the people in their sovereign
capacity or those in regard to which full discretionary powers has been delegated by the
constitution to the legislative and executive branch.
d. Political Question Doctrine Under the "political question" doctrine arising from the principle of
separation of powers, the Judicial Branch cannot decide questions "in regard to which full
discretionary authority has been delegated to the legislative or executive branch of the
government"
2.
a.

Judicial Review
Requisites in the proper exercise of Judicial Review
i.
the existence of an actual and appropriate controversy;
ii.
a personal and substantial interest of the party raising the constitutional
issue;
iii.
the exercise of the judicial review is pleaded at the earliest opportunity; and
iv.
the constitutional issue is the lis mota of the case
b. For example on the application of the requisites, please read: Matibag v. Benipayo, G.R. No.
149036. April 2, 2002
3. Functions of the Court
a. Checking when a court declared an act of the president or congress unconstitutional what is
involved is the courts exercise of checking functions following the principles of checks and balance
b. Legitimizing when a court sustains or upholds an act of the president or congress
constitutional
b. Symbolic it has the symbolic function of educating the bench and the bar on the extent of
protection
II.

LABOR LAW

Labor Standards Law - is that which sets out the minimum terms, conditions and benefits
of employment that employers must provide or comply with and to which employees are entitled as
a matter of legal right
Labor Relations Law - defines the status, rights and duties, and the institutional mechanisms, that
govern the individual and collective interactions of employers, employees or their representatives

Employer-Employee Relationship

1
2
3
4

1. Test to Determine Existence of Employer Employee Relationship

There are three test commonly used to determine the existence of employer-employee relationship,
viz.:
Four-fold test - The usual test used to determine the existence of employer-employer relationship is
the so-called four-fold test. In applying this test, the following elements are generally considered:
Right to hire or to the selection and engagement of the employee.
Payment of wages and salaries for services.
Power of dismissal or the power to impose disciplinary actions.
Power to control the employee with respect to the means and methods by which the work is to be
accomplished. This is known as the right-of-control test.
Of the above-mentioned elements, the right of control test is considered as the most important
element in determining the existence of employment relation. The control test initially found
application in the case of Viaa vs. Al-Lagadan and Piga, where the court held that there is an
employer-employee relationship when the person for whom the services are performed reserves the
right to control not only the end achieved but also the manner and means used to achieve that end.
Control test thus refers to the employers power to control the employees conduct not only as to
the result of the work to be done but also with respect to the means and methods by which the
work is to be accomplished.
Economic reality test - In view of todays highly specialized workforce, the court are often faced
with situations where the right-of-control-test alone can no longer adequately determine the
existence of employer-employer relationship. Subsequently, another test has been devised to fill
the gap, known as the economic reality test.
In Sevilla v. Court of Appeals, the Court observed the need to consider the existing economic
conditions prevailing between the parties, in addition to the standard of right-of-control, to give a
clearer picture in determining the existence of an employer-employee relationship based on an
analysis of the totality of economic circumstances of the worker.
Economic realities of the employment relations help provide a comprehensive analysis of the true
classification of the individual, whether as employee, independent contractor, corporate officer or
some other capacity.
Under economic reality test, the benchmark in analyzing whether employment relation exists
between the parties is the economic dependence of the worker on his employer. That is, whether
the worker is dependent on the alleged employer for his continued employment in the latters line
of business.
Applying this test, if the putative employee is economically dependent on putative employer for his
continued employment in the latters line of business, there is employer-employee relationship
between them. Otherwise, there is none.
Two-tiered test (or Multi-factor test)- The economic reality test is not meant to replace the right of
control test. Rather, these two test are often use in conjunction with each other to determine the
existence of employment relation between the parties. This is known as the two-tiered test, or
multi-factor test. This two-tiered test involves the following tests:
The putative employers power to control the employee with respect to the means and methods
by which the work is to be accomplished; and
The underlying economic realities of the activity or relationship.[1]
2.

Minimum Wage Rate Please research on Wage Order NCR No. 19

3.

Service Incentive Leave Pay

Art. 95. Right to service incentive leave (Labor Code of the Philippines)
Every employee who has rendered at least one year of service shall be entitled to a yearly service
incentive leave of five (5) days with pay

This provision shall not apply:

a. to those who are already enjoying the benefit herein provided
b. those enjoying vacation leave with pay of at least five days, and
c.
those employed in establishments regularly employing less than ten employees or in
establishments exempted from granting this benefit by the Secretary of Labor and
Employment after considering the viability or financial condition of such establishment.
Service Incentive Leave (SIL) is commutable to its money equivalent if not used or exhausted at the
end of the year.
At least 1 year service
service for not less than 12 months, whether continuous or broken reckoned from the date the
employee started working.
Employees Not Covered by SIL
1. government employees;
2. managerial employees;
3. field personnel and other employees whose time and performance is unsupervised by the
employer;
4. domestic helpers, and persons in the personal service of another;
5. those who are already enjoying the benefit herein provided;
6. those enjoying vacation leave with pay of at least five(5) days;
7. those employed in establishments regularly employing less than ten (10) employees; and,
8. those exempted by the Secretary of Labor.
4. Thirteenth Month Pay - all employers are hereby required to pay all their rank-and-file
employees a 13th month pay not later than December 24 of every year.
The following employers are still not covered by Thirteenth Month Pay Law:
a.
The Government and any of its political subdivisions, including government-owned and
controlled corporations, excepts those corporations operating essentially as private subsidiaries of
the Government;
b. Employers already paying their employees a 13th month pay or more in a calendar year or its
equivalent at the time of this issuance;
c. Employers of household helpers and persons in the personal service of another in relation to
such workers; and
d. Employers of those who are paid on purely commission, boundary, or task basis, and those who
are paid a fixed amount for performing specific work, irrespective of the time consumed in the
performance thereof, except where the workers are paid on piece-rate basis in which case the
employer shall grant the required 13th month pay to such workers.
The term "its equivalent" as used on paragraph (b) hereof shall include Christmas bonus, mid-year
bonus, cash bonuses and other payments amounting to not less than 1/12 of the basic salary but
shall not include cash and stock dividends, cost of living allowances and all other allowances
regularly enjoyed by the employee, as well as non-monetary benefits. Where an employer pays less
than required 1/12th of the employees basic salary, the employer shall pay the difference.
Minimum of the Amount. The minimum 13th month pay required by law shall not be less than
one-twelfth of the total basic salary earned by an employee within a calendar year. For the year
1987, the computation of the 13th month pay shall include the cost of living allowances (COLA)
integrated into the basic salary of a covered employee pursuant to Executive Order 178.
Time of Payment. The required 13th month pay shall be paid not later than December 24 of each
year. An employer, however, may give to his employees one half () of the required 13th month
pay before the opening of the regular school year and the other half on before the 24th of
December of every year. The frequency of payment of this monetary benefit may be the subject of

agreement between the employer and the recognized/collective bargaining agent of the employees.
c.

JOB CONTRACTING V. LABOR-ONLY CONTRACTING

Types of Contracting-out of Labor

a. Labor-only contracting prohibited under DOLE DO 18-A
b. Job Contracting - permissible
Labor-only contracting
where the person supplying workers to an employer:
a. does not have substantial capital or investment in the form of tools, equipment, machineries,
work premises, among others, and
b. the workers recruited and placed by such person are performing activities which are directly
related to the principal business of such employer.
In such cases, the person or intermediary shall be considered merely as an agent of the employer
who shall be responsible to the workers in the same manner and extent as if the latter were directly
employed by him.
c. the contractor does not exercise the right to control the performance of the work of the
contractual employee.
Job Contractor someone who:
a. carries on an independent business and undertakes the contracted work on his own manner and
method, free from the control and direction of his employer or principal in all the matters
connected with the performance of the work, except as to the results thereof; and
b. has substantial capital or investment in the form of tools, equipment, machineries, work
premises, and other materials necessary to conduct the business.
BOOK V LABOR CODE OF THE PHILIPPINES
Art. 279. Security of tenure. In cases of regular employment, the employer shall not terminate
the services of an employee except for a just cause or when authorized by this Title. An employee
who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority
rights and other privileges and to his full backwages, inclusive of allowances, and to his other
benefits or their monetary equivalent computed from the time his compensation was withheld from
him up to the time of his actual reinstatement. (As amended by Section 34, Republic Act No. 6715,
March 21, 1989)
Art. 280. Regular and casual employment. The provisions of written agreement to the contrary
notwithstanding and regardless of the oral agreement of the parties, an employment shall be
deemed to be regular where the employee has been engaged to perform activities which are
usually necessary or desirable in the usual business or trade of the employer, except where the
employment has been fixed for a specific project or undertaking the completion or termination of
which has been determined at the time of the engagement of the employee or where the work or
service to be performed is seasonal in nature and the employment is for the duration of the season.
An employment shall be deemed to be casual if it is not covered by the preceding paragraph:
Provided, That any employee who has rendered at least one year of service, whether such service is
continuous or broken, shall be considered a regular employee with respect to the activity in which
he is employed and his employment shall continue while such activity exists.
Art. 281. Probationary employment. Probationary employment shall not exceed six (6) months
from the date the employee started working, unless it is covered by an apprenticeship agreement
stipulating a longer period. The services of an employee who has been engaged on a probationary
basis may be terminated for a just cause or when he fails to qualify as a regular employee in
accordance with reasonable standards made known by the employer to the employee at the time of
his engagement. An employee who is allowed to work after a probationary period shall be

a
b
c
d
e

considered a regular employee.

Art. 282. Termination by employer. An employer may terminate an employment for any of the
following causes:
Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or
representative in connection with his work;
Gross and habitual neglect by the employee of his duties;
Fraud or willful breach by the employee of the trust reposed in him by his employer or duly
authorized representative;
Commission of a crime or offense by the employee against the person of his employer or any
immediate member of his family or his duly authorized representatives; and
Other causes analogous to the foregoing.
Art. 283. Closure of establishment and reduction of personnel. The employer may also
terminate the employment of any employee due to the installation of labor-saving devices,
redundancy, retrenchment to prevent losses or the closing or cessation of operation of the
establishment or undertaking unless the closing is for the purpose of circumventing the provisions
of this Title, by serving a written notice on the workers and the Ministry of Labor and Employment
at least one (1) month before the intended date thereof. In case of termination due to the
installation of labor-saving devices or redundancy, the worker affected thereby shall be entitled to a
separation pay equivalent to at least his one (1) month pay or to at least one (1) month pay for
every year of service, whichever is higher. In case of retrenchment to prevent losses and in cases of
closures or cessation of operations of establishment or undertaking not due to serious business
losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least
one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6)
months shall be considered one (1) whole year.
Art. 284. Disease as ground for termination. An employer may terminate the services of an
employee who has been found to be suffering from any disease and whose continued employment
is prohibited by law or is prejudicial to his health as well as to the health of his co-employees:
Provided, That he is paid separation pay equivalent to at least one (1) month salary or to one-half
(1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6)
months being considered as one (1) whole year.
Art. 285. Termination by employee.
An employee may terminate without just cause the employee-employer relationship by serving a
written notice on the employer at least one (1) month in advance. The employer upon whom no
such notice was served may hold the employee liable for damages.
An employee may put an end to the relationship without serving any notice on the employer for any
of the following just causes:
Serious insult by the employer or his representative on the honor and person of the employee;
Inhuman and unbearable treatment accorded the employee by the employer or his representative;
Commission of a crime or offense by the employer or his representative against the person of the
employee or any of the immediate members of his family; and
Other causes analogous to any of the foregoing.
Art. 286. When employment not deemed terminated. The bona-fide suspension of the
operation of a business or undertaking for a period not exceeding six (6) months, or the fulfillment
by the employee of a military or civic duty shall not terminate employment. In all such cases, the
employer shall reinstate the employee to his former position without loss of seniority rights if he
indicates his desire to resume his work not later than one (1) month from the resumption of
operations of his employer or from his relief from the military or civic duty.