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Significance of the first person POV, we

Stresses the active and sovereign role of the Filipino people as
Red: De Leon
author of the Constitution
Blue: Bernas
1935: merely used the third person POV The Filipino people,
suggesting that another power was merely announcing that the
Constitution: the body of rules and principles in accordance with
Filipinos were finally allowed to promulgate a Constitution
which the powers of sovereignty are regularly exercised
Belief in God stressed
o Supreme/fundamental law
Preamble: form of a collective prayer
o Basic law framework
Declares and affirms belief in the existence of a Supreme Being;
God as the source of authority
o Origin
Conventional (enacted)
Changes in the Preamble
Cumulative (evolved) [e.g. English Consti]
Almighty God vs. Divine Providence
o Form
o Divine Providence: vague and impersonal
Common good vs. General welfare
Unwritten [e.g. English Consti]
o The latter is not as inclusive, as it general may only refer to
Manner of Amending
the greater majority. General welfare may also be interpreted
o Rigid (inelastic)
as purely utilitarian (i.e. good for majority), justifying immoral
Cannot be altered by some special machinery
o Flexible (elastic)
o Common good: reflects a social order that enables every citizen
No higher legal authority than ordinary laws
to attain full development
Freedom vs. Liberty
o Private individuals may interpret the Constitution in order to
o Liberty does not cover freedom from want, fear, and ignorance
govern his own actions and in dealings with other persons
to build a just and humane society
o Evidently, only those charged with official duties, whether
o Emphasizes the goal of building a society where inequalities of
executive, legislative, or judicial, can give authoritative
any form do not exist
interpretation of the Constitution
the rule of law
o Vis--vis the former authoritarian rule

o Stands for the unrealized dreams of the nation as distinguished
from ideals, which refer to accepted norms and sentiments
o Constitutional policy of transparency
We, the sovereign Filipino people, imploring the aid of Almighty
o Protest against the deception characterized by the Marcos rule
God, in order to build a just and humane society and establish a
Government that shall embody our ideals and aspirations, promote
o To bind Filipinos and make them show more compassion,
the common good, conserve and develop our patrimony, and secure
concern, and understanding especially in critical times
to ourselves and our posterity the blessings of independence and
o May also be read as human fraternity or brotherhood
democracy under the rule of law and a regime of truth, justice,
o Included as a monument to the love that prevented bloodshed
freedom, love, equality, and peace, do ordain and promulgate this
in the February Revolution
o Restored to stress our being an independent nation
Latin preambule: to walk before
equality and peace
o Emphasis on the egalitarian objectives of our society
Preambles are not essential in a constitution
o Equality: emphasizes prevalence of economic and political
Object and value
o Origin and purpose
Peace: fruit of the convergence of truth, justice, freedom, and
o Aid for interpretation
NOT a source of rights nor obligations (Jacobson v. Import of the rule of law
Government officials have only the authority given and defined
Massachusetts, 197 U.S. 11, 22 (1905))
by law
Sets down the origin, scope, and purpose of the Constitution
o Such authority comes with the consent of the people
o Used as an aid in ascertaining the meaning of ambiguous
Ours is a rule of law and not of men
o Source of light
Origin, scope, and purpose
Origin: will of the sovereign Filipino people
Scope and purpose: to build a just and humane society


o Such treaties were not mentioned in the latter Constitutions due

to the Convention delegates wanting to erase every possible
trace of our colonial history from the new document.

Section 1. The national territory comprises the Philippine

archipelago, with all the islands and waters embraced therein, and all All other territories over which the Philippines has sovereignty
other territories over which the Philippines has sovereignty or or jurisdiction
jurisdiction, consisting of its terrestrial, fluvial and aerial domains,
Includes any territory which presently belongs or prospectively
including its territorial sea, the seabed, the subsoil, the insular shelves,
belong to the Philippines through any of the internationally
and other submarine areas. The waters around, between, and
accepted modes of territory acquisition
connecting the islands of the archipelago, regardless of their breadth
1935: all territory over which the present Government of the
and dimensions, form part of the internal waters of the Philippines.
Philippine Islands exercises jurisdiction
o In particular reference to the Batanes Islands, which although
Force of the assertion
definitely belongs to the Philippines, la outside the lines drawn
Constitution: merely a municipal law
by the Treaty of Paris
Provision will bind internationally only if its supported by proof
1973: belonging to the Philippines by historic right or legal title
that can stand in international law
o See entry below
Necessity of provision
Other territories of which the Philippines has sovereignty or
Binding force of such provision under international law
o No rule in international law which requires a State to definite
The phrase all the other territories belonging to the Philippines
its territorial boundaries
by historic right or legal title was amended as indicated
o A state under international law has the unquestioned right to
o Definite meaning in the 1973 Constitution as a cover-all for
assert jurisdiction throughout the extent of its territory
pending Philippine claim to Sabah vs. Malaysia and the possible
o Territorial disputes have to be settled according to the rules of
claim over the Spratleys, Marianas Islands (including Guam;
international law
which according to historical documents were under the control
of the civil and ecclesiastical authorities of the Philippines
o To inform the world the areas over which we assert title or
during the Spanish regime)
ownership to avoid future conflicts
o Its inclusion merely provided for the possibility that said
territories might eventually become part of the Philippines, but
Acquisition of other territories
it did not settle the question of whether they belong to the
Philippines by historic right or legal title
Reasons for the inclusion of the provision
The deletion, however, of the words by historic right or legal
1935: Accepted by the United States
title is not to be construed as precluding future claims by the
o Fear that the US government might dismember Philippine
Philippines to areas over which it does not actually exercise
o Dismemberment could be forestalled by said provision
o The change is designed to improve our relations with Malaysia
o Argued that the US Presidents acceptance of the Constitution
while allowing flexibility in pursuing the Sabah claim
would oblige their government to keep the integrity of
o Recognition of the fact that unilateral assertions in a
Philippine Territory
constitution do not establish an international right to a territory
1973: Marcos Regime
o No such special reason; however, it was argued that it should
be placed for the preservation of national wealth, for national U.S. military bases are considered part of Philippine territory
The reason why the government could cede part of its authority
security, and as a manifestation of our solidarity as a people
over these bases was the fact that they form part of the territory,
o Wish of some to adhere to the archipelagic principle
over which the government exercised sovereign control.
1986 Constitutional Commission
o Discussions mostly from the 1971 Constitutional Convention
Other areas included in the Philippine archipelago
o Provision serves to have an educational value
The territorial sea
o Difficulty to explain the removal of such law if not included in
o Extending 12 nautical miles (19km) from the low-watermark.
the next Constitution
o Also known as marginal sea, marginal belt, or the marine
Meaning of archipelago
The seabed
Greek word pelagos: sea
o Land that holds the sea, lying beyond the seashore
Sea or part of a sea studded with islands, which may be considered
The subsoil
as an independent whole
o Everything beneath the surface soil and the seabed
Insular shelves (continental shelves)
Where exactly is the Philippine archipelago situated?
o Submerged portions of a continent or offshore island
Delineated in the Treaty of Paris (December 10, 1898), as

Other submarine areas

modified by the Treaty of Washington (November 7, 1900) and
the Treaty with Great Britain (January 2, 1930)
Extent: recognized by international law
o Similar treaties that delineated the Philippine territory in the
o 1982 Convention on the Law of the Sea
1935 Constitution
o Chicago Convention on International Civil Aviation of 1994

Three-fold division of navigable waters

Inland or internal waters
o Parts of the sea within the land territory
o Element in the archipelagic principle, which is now recognized
by the 1982 Convention on the Law of the Sea
Archipelagic principle: actually an exception to the 12-mile
rule, which does not adequately protect Philippine interests
Territorial sea
High or open seas
o Governed by international law; each state has equal right of use
Straight Baseline Method
Other element of the archipelagic principle
Consists of drawing straight lines connecting appropriate points
on the coast without departing to any appreciable extent from the
general direction of the coast
o Baselines: lines drawn along the low water mark of an island or
group of islands which mark the end of internal waters and the
beginning of territorial sea
o Each country must draw its own baselines according to the
provisions of the Law of the Sea
1982 Convention on the Law of the Sea: does not accept the
entirety of the Philippine position on the archipelagic principle
o Vast areas between islands which the countries considers
internal water = not subject to the right of innocent passage
o 1982 Convention: calls for archipelagic waters subject to the
right of innocent passage
This distinction: not recognized by the Philippines, for it is
contrary to what Article I says about these waters being
Philippines ratified the 1982 Convention with reservations
In practical terms: the Philippines has designated sea lanes for
foreign vessels
The Philippine position to the archipelago theory
1958 International Convention on the Law of the Sea
o Applying the 3-mile rule to the Philippines, implying that every
island have its own territorial sea, will be fatal to the territorial
integrity of the Philippines
Implies a dismemberment of the archipelago with the other
seas, and affected areas would cease to be Philippine waters
and become international waters/high seas
Such implication will allow for other nations to take sea
resources from the Philippines, for warships to enter the
waters, etc.
Sub-Committee II of the Committee on Peaceful Uses of the
Seabed and the Ocean Floor Beyond the Limits of Natural
Jurisdiction (Geneva, August 16, 1971)
o For each island to have its own territorial sea: baseline drawn
around each island = splintering one nation into 7,000 pieces
12-mile rule: still results to having some pockets within the sea
between some islands
o Archipelago principle and exclusive economic zone rights: fully
recognized in the U.N. Law of the Sea Convention
Baseline Law: R.A. 9522
Provides for one baseline around the archipelago and separate
baselines for the regime of islands outside the archipelago
Challenged on the grounds that the law reduces Philippine
maritime territory under the Treaty of Paris

o R.A. 9522 is not about limiting territory, but implementing the

multilateral treaty governing rights over maritime zones
(Magallona v. Ermita, G.R. No. 187167, August 16, 2011)

Administration: set of people currently running the institution
Sovereignty of the people
o Implies the supreme authority to govern
Statement of basic ideological principles and policies that underlie
o The Filipino people have the right to constitute their own
the Constitution
government, to change it, and to definite its jurisdiction and
Sheds light on the meaning of other provisions
o Legal sovereignty: supreme power to affect legal interests either
Section 1. The Philippines is a democratic and republican State.
by legislative, executive, or judicial action
Sovereignty resides in the people and all government authority
Lodged in the people, but normally exercised by state agencies
emanates from them.
In terms of auto-limitation: property of a state-force due to
which it has the exclusive capacity of legal self-determination
and self-restriction
o Political sovereignty: sum total of all the influences in a state,
Community of persons permanently occupying a definite portion
legal and non-legal, which determine the course of law.
of territory, independent of external control, and possessing an
organized government to which the inhabitants render habitual
Exercised indirectly through public officials
Exercised directly through suffrage
Four elements: people, territory, sovereignty, government
State: legal concept; nation: ethnic concept
o In this code, the terms are used interchangeably
Institution(s) by which an independent society makes and carries
out necessary rules of action to enable men to live in a social state,
or which are imposed upon the people forming that society by
those who possess the power or authority of prescribing them4
Community of persons sufficient in number and capable of
maintaining the continued existence of the community and held
Functions of the government (Bacani v. Nacoco, 100 Phil. 468
together by a common bond of law
o Constituent functions: compulsory functions
Republican and democratic state
E.g.: laws that protect persons and property
o Ministrant functions: optional functions
Republican government
Principles for determining:
o Democratic government by representatives chosen by the
people at large (indirect rule)
That a government should do for the public welfare those
things which private capital would not naturally undertake
o Embodies features of a pure democracy i.e. initiative and
That a government should do those things which by its very
nature it is better equipped to administer for the public
o Philippines: shares some aspects of direct democracy (e.g.
welfare than is any private individual or group of individuals
initiative and referendum)
o Classifications are still valid; however, there are growing
In honor of the February Revolution
Housing has been found to be a governmental function
(OHHC v. Court of Industrial Relations, 150 SCRA 296, 310
o Existence of the bill of rights (Art. III)
o Observance of the rule of the majority
Undertaking to supply water for a price, as does the
o Observance of the principle that ours is a government of laws,
government corporation National Irrigation Authority, is
and not of men
considered a trade and not a governmental activity (Spouses
o Presence of elections through popular will (Art. V)
Fontanilla v. Hon. Maliaman, G.R. Nos. 55963 & 61045,
o Observance of the principle of separation of powers and the
February 27, 1991)
system of checks and balances (Art. VI, Sec. 1)
o Observance of the principle that the legislature cannot pass
Classifications according to legitimacy
irrepealable laws (Art. VI, Sec. 26)
o De jure: established by authority of the legitimate sovereign
o Observance of the law on public officers (Art. XI)
Cory Aquinos administration and the Freedom Constitution
o Observance of the principle that the State cannot be sued
is considered de jure, by authority of the legitimate sovereign
without its consent (Art. XVI, Sec. 3)
Revolutionary government established in defiance of the
1973 Constitution
Constitutional authoritarianism (1973)
Bound by no constitution nor legal limitations, except treaty
Assumption of extraordinary powers by the President, including
legislative, judicial, and constituent powers
During the interregnum from Feb 25, 1986 to Mar. 24, 1986
Compatible with a republican state if the Executive bases his
(before the Freedom Constitution took effect), the Bill of
assumption of power is a legitimate expression of the peoples
Rights from 1973 was inoperative. However, the protection
will, and from a valid election
accorded to individuals were under the Covenant on Civil
and Political Rights and the Universal Declaration.
State, Government, and Administration
GMAs administration after Eraps ousting is also de jure
State: corporate entity
See Art. VIII, Sec. 8
Government: one of the elements of a state; institution which the
o De facto: established in defiance of the legitimate sovereign
state exercises power

Government that gets possession and control of (or usurps)

by force or by the voice of majority
Government that is established and maintained by invading
military forces
Independent government by the inhabitants of a country who
rise in insurrection against the parent state
Presidential government
o Founded on the separation of powers/checks and balances
Legislature, Executive, Judiciary
By establishing equilibrium, harmony will result, power will
not be concentrated, and thus tyranny will be avoided
o President as chief executive
Parliamentary government
o Members of the government are simultaneously executive and
legislative in nature
o Political leaders of the majority party is in effect part of the
legislature committee
o Pyramid structure; apex: Prime Minister
o Government remains in position for as long as it enjoys the
support of the majority of the legislature
o Government has the power to dissolve legislature and call for
new elections, and the legislature has the vote of nonconfidence (censure) which can oust the government
In spite of Marcos adaptation of a parliamentary-like system, it
was still a presidential form of government due to the superiority
of the president, the separation of the executive and legislative
branches, among others.
Right of the people to revolt
A provision expressing the peoples right to revolt is not necessary
and proper
o It is an inherent right, which exists regardless of the
o Any allusion to the right of violent and armed revolution would
be inconsistent with the concept of a Constitution
o Such a provision connotes the possibility that the time may
come when the people have to revolt against tyranny
o A democratic society where the consent of the governed is
regularly expressed through open debates and free elections,
prudence, indeed, will dictate that Governments long
established should not be changed [through revolution] for light
and transient causes.
Section 2. 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.

o Right of an alien to be released on bail while awaiting

deportation, when his failure to leave the country is due to the
fact that no country will accept him
o Right of a country to establish military commissions to try war
o Vienna Convention on Road Signs and Signals
o Duty to protect the premises of embassies and legations
When international usage be applied
o International usages or the customs of civilized nations are
given effect by our courts in the absence of any treaty, executive
order, legislative act, or judicial decision
E.g. fishing boats belonging to an enemy are not subject to
seizure in time of war
A treaty has force of a statue
o In case of a conflict between a treaty and a statue, the prior act
is superseded by the later one in point of time
When a treaty is superseded by a subsequent state, the treaty
is repealed or abrogated as part of the law of the land, but it
still subsists as an engagement of the Philippines, although it
may not be enforceable by other courts.
Constitution prevails over a treaty
o The phrase law of the nation in the 1935 Constitution was
changed to law of the land in the 1973 Constitution in order
to avoid any conjecture that the generally accepted principles of
international law are incorporated into Philippine law with the
force of constitutional provisions.
Adherence to the policy of peace etc. with all nations
Shows a positive attitude towards the observance of the principles
of the United Nations Charter
Does not imply that the Philippines is duty bound to extend
diplomatic recognition to all nations
o Amity is merely an ideal to be aimed at
Section 3. 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.
Supremacy of civilian authority over the military
Inherent in a republican system
o Highest of authority: the president
o Recognized in jurisdiction by provisions of the 1935
Constitution and by practice
Still included in latter Constitutions as they felt the need for a
clear expression
Safeguard against military dictatorship
o President: commander-in-chief of all armed forces
Includes appointments
Principle of civilian supremacy is institutionalized by making the
President, a civilian, commander-in-chief of the armed forces
o Does not imply that civilian officials are superior to military

Renunciation of war as an instrument of national policy

In accordance with the principles in the United Nations Charter
to refrain in their international relations from the threat of use
of force against the territorial integrity or political independence
of any state.
Refers only to the renunciation of aggressive war, not war in AFP: protector of the people and the State
defense of national honor and integrity
Fearsome image acquired during martial rule
Article VI, Section 23(1): congress may declare the existence of a
o Contributory factor to the failure of the government to contain
state war
the growing insurgency
o Military as an instrument to continue the tenure of the current
Adoption of the generally accepted principles of international law
as part of ours
Generally accepted principles of international law

Constitutional mandates
o Above provision: Function of AFP and its goal in the discharge
of such
Includes fighting all forces which seek to overthrow the
government, impair the nations independence, or dismember
any portion of its territory
Secures sovereignty, and may be called upon to protect the
people when ordinary law and order forces need assistance
o Art. XVI, Sec. 5
Insures professionalism in the armed forces and insulates it
from partisan politics
Directs the State to strengthen the patriotic spirit and
nationalist consciousness of the military, and respect for
peoples rights in the performance of their duty.
Section 4. 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

Constitutional provision removes all doubt as to the validity

of such law
Meaning of civil service
o Refers to any service for the defense of the State other than as
o One cannot render the service required through another
By law
o Intended to prevent arbitrariness on the part of certain officials
to require military or civil service
o Seeks to emphasize the primordial responsibility of the
Government to serve and protect the people, even when they
are called upon to defend the State.
Section 5. 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
Section 6. The separation of Church and State shall be inviolable.

Prime duty of the Government

Principle of separation of the church and State
To serve and protect the people
Implied from the constitutional prohibitions that no law shall be
o Consistent with the most basic democratic tenet that the
made respecting an establishment of religion (Art. III, Sec. 5),
government exists for the people, and not vice-versa
and that No public money or property shall ever be appropriated
o Fulfillment by compliance with the State Policies in Sections 7x x x for the use, benefit, or support of any sect, church,
denomination, sectarian institution or system of religion (Art.
Previous Constitutions
VI, Sec. 29[2].)
o 1973 and 1935: the defense of the State is the prime duty of
the Government x x x.
Establishment of religion clause
Considered as an anachronistic concept; taken from the
Refers to the phrase no law respecting an establishment of
Constitution of the Spanish Republic
Lent itself to interpretations which justified a national security
Thomas Jefferson: clause is intended to erect a wall of separation
state offensive to the people
o The State shall have no official religion;
Under conditions provided by law
o The State cannot set up a church, whether or not supported
o Emphasizes the primacy of serving the interest of the people
with public funds; nor aid one religion, aid all religions (see Art.
and protecting their rights even when there is need to defend
VI, Sec. 29[2], or prefer one religion over another;
the state
o Every person is free to profess belief or disbelief in any religion;
o Every religious minister is free to practice his calling; and
Defense of the State by the people against foreign aggression
o The State cannot punish a person for entertaining or professing
religions beliefs or disbeliefs.
Defense of the State is no longer the prime duty of the
government; however, it may call upon people to defend
o State defense: one of the duties of a citizen
No hostility towards religion
o State may engage in a defensive war
Teachings of morality are appreciated, and its influence is deeply
The term people may also include aliens, since they are also
felt (see Preamble)
subject to regulations adopted by the government for the defense
Additional information:
of the State
o Properties devoted exclusively to religious purposes are exempt
Provision covers both times of peace or war
from taxation (Art. VI, Sec. 28[3].);
o Use of public money or property is not prohibited when a
priest, preacher, or dignitary as such is assigned to the armed
Military and civil service by the people
forces, or to any penal institution or government orphanage or
Defense of State performed through an army
leprosarium (Art. VI, Sec. 29[2].);
o To leave the organization of an army to the will of the citizens
Optional religious instruction in public elementary and high
would be to make this duty excusable should there be no
schools is by constitutional mandate allowed (Art. XIV, Sec.
sufficient men who volunteer to enlist therein
o Principle is reinforced by the provision on the formation of a
o Thursday and Friday of Holy Week, Christmas, and Sundays
citizen armed force (Art. XVI, Sec. 4)
are made legal holidays because of the secular idea that their
observance is conducive to beneficial moral results; and
o SC on the validity of the National Defense Act
The law punishes polygamy and bigamy, and certain crimes
Any citizen recruited for the army or civil service pursuant to
religious worship are considered crimes against the
law for the defense of the State may not refuse on the ground
laws of the State
that to go to war is against his religion

Section 7. 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.
Characteristic of the provisions protecting rights in Art. II
Not self-executing
o Need for the implementing acts of Congress
Foreign policy of the Philippines
Foreign policy: basic direction underlying the conduct by a State
of its affairs vis--vis those of other States
o Set of guidelines followed by a government of a country in
order to promote its national interest through the conduct of its
relations with other countries
Congress shares with the President the responsibility of
formulating the countrys foreign policy, although the conduct
thereof is primarily reposed in the executive department (see Art.
VII, Sec. 22.) The President formulates our foreign policy
principally with the help of the Department of Foreign Affairs
An instrument of domestic policy
o Sole weapon of a State for the promotion of national interest
in international affairs
o Foreign policy is buta reflection and an instrument of domestic
policy, the former being related to and dictated by the latter.
They are not only mutually consistent, but complementary.
Pursuit of an independent foreign policy
o Independent foreign policy: one that is not subordinate or
subject to nor dependent upon the support of another
o It is not one that completely rejects advice or assistance from
without, neither does it mean abandoning traditional allies or
being isolated from the international community
o Basic foreign policy objective: to establish friendly relations
with all countries of the world regardless of race, religion,
ideology, or social system and to promoted as much beneficial
relations with them particularly in economic and trade activities.
Paramount consideration
o In the pursuit of an independent foreign policy in an
interdependent world, new realities and new situations may
require the State to make a reappraisal of the conduct of its
foreign relations.
o Ours must be a policy of flexibility and pragmatism guided only
by the welfare of our people and the security of our Republic.
o Paramount consideration: national sovereignty, territorial
integrity, national interest, and the right of self-determination.
Section 8. The Philippines, consistent with the national interest,
adopts and pursues a policy of freedom from nuclear weapons in its

E.g. if national interest dictates, the storing of nuclear

weapons in our territory may be permitted at least on a
transitory basis, considering that it was not prohibited under
the then existing military bases agreement with the US whose
validity until 1991 are implicitly recognized by the
Constitution (Art. XVIII, Sec. 25.)
Any new agreement on bases must embody the basic policy
of freedom from nuclear weapons. It is also well within the
power of the government to demand ocular inspection and
remove nuclear arms
As an absolute ban
o No exception if the phrase consistent with national interest
is taken as the reason for the policy, that is, the Philippines
adopts and pursues the policy because it is consistent with
national interest.
Section 9. 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.
Just and dynamic social order
Policies necessary to be pursued
o See Art. XII, Sec.1, par.2; Art. XIII, Sec. 3, par 1.
Solving the problem of mass poverty
o In line with the Preambles establishment of a just and humane
o Goal: reduce the political and economic power of a privileged
few by equalizing widely differing standards and opportunities
for advancement and to raise the masses of our people from
their poverty to a qualitative life worthy of human dignity
Section 10. The State shall promote social justice in all phases of
national development.
Social justice
Equalization of economic, political, and social opportunities
The State must give preferential attention to the welfare of the
less fortunate members of the community the poor, the
underprivileged, those who have less in life
o 1935: justice for the common tao
o 1973: those who have less in life must have more in law
Special impact
o Socialization of the states attitude to property rights; gradually
eradicating the vestiges of laissez faire
Fully discussed under Art. XIII
Underlying premises of Secs. 9 and 10
Poverty and gross inequality are major problems
o These problems assault the dignity of the human pesron

Section 11. The State values the dignity of every human person and
Freedom from nuclear weapons policy
guarantees full respect for human rights.
Covers possession, control, manufacturing, and testing of nuclear
Human dignity and human rights
Does not prohibit the use of nuclear energy for medicine,
In a democratic state, the individual enjoys certain rights which
agriculture, and other peaceful or beneficial purposes
cannot be modified or taken away by the lawmaking body
As subject to exception
o Recognized due to the belief in the inherent dignity and worth
o Consistent with the national interest may reasonably be
of every human person
interpreted to mean subject to national interest

Section 12. 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
Family: stable heterosexual relationship

The State cannot compel parents to make their children

accept instruction in public schools only; however, they have
power to regulate all schools and to require all children of
proper age to attend school
The State and parental obligations
o It is the duty of the State to see that proper education is fulfilled
by parents and to supply the essential educational facilities
which private initiative is unable to furnish.
Duty of State to encourage educational institutions
o Encourage the operation of private and parochial schools, so
as longs as these institutions meet the secular educational
requirements which the government has the authority to

Strengthening the family as a basic autonomous social institution

Family is anterior to the state, not a creature of the State
o Protects the family from instrumentalization by the State
The government may not enact any law or initiate measures that
would break up or weaken the family as a social unit, or interfere Specific concerns about education
in purely internal family matters which do not involve social order
The State may not prohibit the teaching of foreign languages to
or public policy
children before they reach a certain age.
The Civil Code lays down certain general principles which sustain
o Such restriction does violence to both the letter and the spirit
the solidarity of the family not only for the guidance of the courts
of the Constitution (Meyer v. Nebraska, 62 US 390 (1922))
and administrative officials, but also for their wholesome
The State may not require children to continue schooling beyond
influence upon the members of every family.
a certain age, if such schooling would be harmful to their religious
Right to life of the unborn from conception of the mother
o Only those interests of the State of the highest order and those
not otherwise served can overbalance the primary interest of
NOT an assertion that the unborn is a legal person
parents in the religious upbringing of their children (Wisconsin
NOT an assertion that the life of the unborn is places exactly on
v. Yoder, 40 LW 4476 (May 15, 1972))
the level of the life of the mother
Harmonizes with the abolition of the death penalty and ban on
Section 13. The State recognizes the vital role of the youth in nationnuclear arms
Human life is commonly believed to begin from conception. building and shall promote and protect their physical, moral, spiritual,
From that moment, the unborn child is considered a subject of intellectual, and social well-being. It shall inculcate in the youth
patriotism and nationalism, and encourage their involvement in
human rights having the basic right to life
o The protection of the unborn prevents the possibility of public and civic affairs.
abortion being legalized by future legislation. (Prevention of the
adaptation of Roe v. Wade, 410 U.S. 113 (1973), which Role of the youth in nation-building
Todays youth, more knowledgeable and intelligent
liberalized abortion laws up to the 6th month of pregnancy,
o No less than the Constitution recognizes this in the provision
provided it is done without danger to the mother)
reducing the voting age from 21 to 18 (Art. V, Sec. 1)
o The understanding is that life begins at conception, but it is up

of the State
to science to specify the definition of conception
youth constitute a rich reservoir of productive manpower.
The health of the mother is equally protected the sacrifice of
this, the Constitution lends its support to the promotion
the unborn is not abortion if it is absolutely necessary to save the
of their welfare.
life of the mother.
o But not when the purpose is to save the mother from emotional
Section 14. The State recognizes the role of women in nationsuffering, as other remedies may be sought
o Similarly not applicable when there is intention to save the child building, and shall ensure the fundamental equality before the law of
from a life of poverty, which can be attended by welfare women and men.
Role of women in nation building
Proven capabilities of Filipino women
Rearing of the youth for civic efficiency and development of moral
Expansion of womens role
A duty of both parents and government
Equality with men before the law
o The common welfare of society, as well as the good of the
o In certain situations, they are entitled to special protection from
individual, depends to a great extent upon the proper education
the State (see Art. XIII, Sec. 14)
and training of children
Does not repeal the inequalities found in the Civil Code
Primary and natural right belongs to the Parents
o Rooted in the basic philosophy of liberty guaranteed by the due
The provision is worded so as to not automatically dislocate the
process clause
Civil Code and the civil law jurisprudence on the subject.
Right of State to interfere with education of children
Gives impetus to the removal, through statutes, of existing
o As parens patriae, the State has authority and duty to step in
where parents fail to or are unable to cope with their duties to
General idea: for the law to ignore sex where sex is not a relevant
their children.
factor in determining rights and duties
o Not meant to be interpreted that children will be considered
the property of the State

Section 15. The State shall protect and promote the right to health
of the people and instill health consciousness among them.
Right of the people to health
Health: state of physical, social, and mental wellbeing
See Art. XIII, Sec. 11-13

Guide for interpretation

Any doubt must be resolved in favor of self-reliance and
independence, and in favor of the Filipinos
See Art. XII, Sec. 1

Section 20. The State recognizes the indispensable role of the private
sector, encourages private enterprise, and provides incentives to
Section 16. The State shall protect and advance the right of the needed investments.
people to a balanced and healthful ecology in accord with the rhythm
and harmony of nature.
Role of the private sector in the economy
The Constitution does not favor an economy managed or
Right of the people to a balanced and healthful ecology
controlled by the State, as the Government is often considered a
Recognizes an enforceable right
poor manager.
o Conferring standing on minors to challenge logging policies of
Using the principle of subsidiary, the government should not
the government (Oposa v. Factoran, Jr., 224 SCRA 732 (1993))
engage in particular business activities which can be competently
o SCs upholding of Laguna Lake Development Authoritys
and efficiently undertaken by the private sector, unless the latter
empowerment to protect the inhabitants of Laguna Lake from
is timid or does not want to enter into a specific industry or
the effects of pollutants (Laguna Lake Development Authority
enterprise. (see Art. XII, Sec. 6)
v. Court of Appeals, G.R. No. 120865-71, December 7, 1995)
See Art. XII, Secs. 1, 2, 6, 10, 16-18
o By mandamus, several government agents were required to clean
Manila Bay (MMDA v. Residents of Manila Bay, G.R. No. Section 21. The State shall promote comprehensive rural
17947-48, December 18, 2008)
development and agrarian reform.
Ecology: branch of science that deals with the study of the
interrelationships of living things and their environments (see Art. Comprehensive rural development and agrarian reform
XII, Sec. 3)
Covers all phases of rural development economic, social,
Causes of environmental degradation
political, cultural, and industrial
o The Constitution takes cognizance of the continuing
See Art. XIII, Secs. 4-8; and Art. XII, Sec. 1.
degradation of the Philippine environment which has become a
matter of national concern caused by rapid urbanization, etc.
Section 22. The State recognizes and promotes the rights of
Effect on quality of life
indigenous cultural communities within the framework of national
Relationships between development and environment
unity and development.
o Ecological studies by the UN show that political, social, and
economic growth and development are crucially dependent Right of indigenous cultural communities
upon the state of the human environment.
Indigenous cultural communities: refers to non-dominant groups
For this reason, the improvement of the quality of our
in our country which possess and wish to preserve ethnic,
environment should occupy a higher place in the scheme of
religious, or linguistic traditions or characteristics markedly
priorities in the government
different from the rest of the population.
The State is bound to consider the customs, traditions, beliefs and
Section 17. The State shall give priority to education, science and
interests of indigenous cultural minorities in the formulation and
technology, arts, culture, and sports to foster patriotism and
implementation of state policies and programs.
nationalism, accelerate social progress, and promote total human
In a multi-ethnic society like ours, the provision is necessary in
liberation and development.
promoting the goal of national unity and development (see Art.
XVI, Sec.12)
Does not imply that the government is not free to balance the
demands of education against other competing and urgent demands
Section 23. The State shall encourage non-governmental,
community-based, or sectoral organizations that promote the welfare
Priority to education, science and technology, arts, culture, and of the nation.
See Art. XIV
Non-governmental, community-based or sectoral organizations
Section 18. The State affirms labor as a primary social economic
force. It shall protect the rights of workers and promote their welfare.
Labor as a primary social economic force
The human factor has primacy over the non-human factors in
See Art. XIII

The State is required to encourage these organizations because

recent events have shown that, under responsible leadership, they
can be active contributors to the political, social, and economic
growth of the country.
o It should refrain from any actuation that would tend to interfere
or subvert the rights of these organizations
See Art. XIII, Secs. 15-16

Section 24. The State recognizes the vital role of communication and
Section 19. The State shall develop a self-reliant and independent information in nation-building.
national economy effectively controlled by Filipinos.
Relation to the National Economy and Patrimony article

Vital role of communication and information in nation-building

Covers all forms of media

Full disclosure by the State of all its transactions

Formation of an enlightened citizenry
o Mass media may be used as an effective instrument in
Duty of the State
promoting national integration and preserving Filipino values
o Art. III, Sec. 7: guarantees the peoples right of information on
and traditions
matters of public concern and access to records pertaining to
official transactions
Promotion of efficiency and economy in government and
o Art. III, Sec. 28: requires the State to make public its
transactions without demand from individual citizens
o Media as an avenue to maximize internal efficiency
Transactions covered
Development of society
o Covers all transactions involving public interest
o The Philippines must keep abreast of communication
o The law, however, may prescribe reasonable conditions for the
innovations but at the same time be selective and discriminating
disclosure to guard against improper or unjustified exercise of
to insure that only those suitable to the needs and asiprations
the right. The policy will not apply to records involving the
of the nation (Ibid.; Sec. 10.) are adapted.
security of the State or which are confidential in character. (See
Art. III, Sec. 7)
Section 25. The State shall ensure the autonomy of local
See Art. VI, Secs. 12, 16[4], 20; Art. VII, Secs. 12, 13[par.1], 20;
Art. IX, D-Sec. 3; Art. XI, Sec. 17.
Autonomy of local governments
See Art. X
Section 26. The State shall guarantee equal access to opportunities
for public service and prohibit political dynasties as may be defined
by law.
Equal access to opportunities for public service
See Art. VI, Secs. 4, 5, 7; and Art. X, Sec. 8
Limitation of terms of office
Prohibition of political dynasties
o Tendencies of nepotism
Prohibition constitutionally mandated
o The law implementing the constitutional policy shall define
what constitutes political dynasties
o The State is expressly mandated to prohibit dynasties, and the
Congress has no discretion on the matter except merely to spell
out the meaning and scope of the term
Does not imply that everyone has a right to be a candidate for
Provision is not self-executory
o Merely specifies a guideline for legislative or executive action
It is within the power of the State to limit the number of qualified
candidates only to those who can afford to wage a nationwide
campaign and/or are nominated by political parties (Pamatong v.
Comelec, G.R. No. 16187, April 13, 2004)
Section 27. The State shall maintain honesty and integrity in the
public service and take positive and effective measures against graft
and corruption.
Honesty and integrity in public service
Perennial problem of graft and corruption
o The above provision was incorporated because of revelations
of unprecedented magnitude of graft and corruption allegedly
perpetrated by officials in the highest circle of the government
during a previous regime
Need for honesty and integrity
o Ensures trust and efficiency
See Art. XI, Secs. 1-2
Section 28. 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.


o Mothers are citizens, and upon reaching majority, elect

Philippine citizenship
o Naturalized
Note: Effectivity was on January 17, 1973

Section 1. The following are citizens of the Philippines:

1. Those who are citizens of the Philippines at the time of the
adoption of this Constitution;
Jus Sanguinis
2. Those whose fathers or mothers are citizens of the
A child is deemed a Filipino citizen if born to a Filipino father or
mother regardless of where he/she was born
3. Those born before January 17, 1973, of Filipino mothers,
o Legitimacy does not matter (Tecson v. COMELEC, G.R. No.
who elect Philippine Citizenship upon reaching the age of
161434, 3 March 2004)
majority; and
Holding an alien registration certificate does not automatically
4. Those who are naturalized in the accordance with law.
content that a person is an alien
o Case: Emilio Osmea born to a Filipino father, holds such
Definition of Citizenship
certificate, a valid Philippine passport, and has been a registered
Citizenship: membership of a citizen in a political community
voter. He is not an alien, and there is no proof that he has been
o Implies a duty of allegiance on the part of the member
naturalized in a foreign country (Aznar v. COMELEC and
o Implies a duty of protection on the part of the State
Osmea, 185 SCRA 703 (1990).)
Citizen: person having the title of citizenship
o Enjoys full civil and political rights
Election for Philippine Citizenship
o Accorded protection inside and outside the territory
May be done by those born under the 1935 Constitution, whose
mothers are Philippine citizens (at the time of marriage to an alien
International Law: difference of citizenship from nationality
Nationality: has broader meaning; embracing all who owe
o Exclusive for them, and not children born under latter
allegiance to a state without becoming citizens
o E.g. during the American regime, Filipinos were deemed
Provision in 1973 and 1987: mere transitory provisions
American nationals, but not American citizens.
Must be done within a reasonable period after reaching majority
o Three years, extendable under certain circumstances (e.g. when
Subject and Alien
the person concerned has always considered himself a Filipino
Subject: monarchial equivalent of a democratic citizen
citizen) (Dy Cuenco v. Secretary of Justice, L-18069, 26 May
Alien: citizen of a country who is residing in or passing through
another country (foreigner). Not given full rights to citizenship
In accordance to Sec. 1 of the Commonwealth Act 625
o Expressed in a sworn statement before any authorized officer
General methods of acquiring citizenship
o Filed with the nearest civil registry
o Accompanied by an oath of allegiance
Involuntary: by birth (blood or place)
o (In re Florencio Mallare, 59 SCRA 45, 52, Sept. 1974)
Voluntary: by naturalization, except in the case of collective
Participating in elections, campaign, and other similar acts
naturalization in cases when it is ceded from one state to another
prior to the enactment of the law have been recognized as
by conquest or treaty
sufficient to show preference for Philippine citizenship

to immediately file the documents of election does not
Citizens by birth
the offenders as undocumented aliens
Jus sanguinis: blood relationship
who had grown to adults who failed to register
o Children follow the citizenship of the parents or one of them
their elections, but all along acted as citizens (Cabiling Ma. V.
o Predominating principle in the State
Commissioner, G.R. No. 183133, 26 July 2010)
Jus soli or jus loci: place of birth

o A person becomes a citizen of the state where he is born

irrespective of the citizenships of the parents
Legal act of adopting a foreigner and clothing him with the
o Prevails in the U.S.
privileges of a natural-born citizen

Options for naturalization

Methods of acquiring citizenship: Philippine law
Must comply with both substantive and procedural
Jus sanguinis
Naturalization: legal act of adopting an alien
o Naturalized by a special act of the legislature
Laws used:
Philippine citizens
o General law of naturalization applied through judicial process
Adoption of the 1987 Constitution: those who are citizens under
(Revised Naturalization Law, C.A. 473)
the 1973 Constitution
Substantive requirements: age, residence, moral character
o Same Sec. 1: citizens at the time of adoption
and political belief, real property or lucrative occupation,
Adoption of the 1973 Constitution: those who are citizens under
language, and education of children
the 1935 Constitution
Contentions may be raised for the first time in the final
o Citizens at time of adoption of the 1935 Constitution
hearing (In re petition of Martin Ng, 158 SCRA 492)
o Born in the Philippines of foreign parents who, before the
Procedural requirements: declaration of intention, filing of
adoption of the Constitution, had been elected to public office
petition, hearing and initial judgment, period of probation,
o Fathers are citizens
rehearing and final judgment

Citizenship after passing probation period

o Special naturalization law (i.e. legislature)
o Mass naturalization law
Philippine Bill of 1902: made citizens all inhabitants of the
Philippine Islands continuing to reside in them who were
Spanish subjects
o General law by administrative process and presidential
legislative process
Letter of Instruction No. 270
o Administrative Naturalization Law (R.A. 9139)
Substantive requirements:
Not less than 18 years of age
Good moral character
Belief in the Constitution
Proper conduct within period of residence in the Philippines
in his relation with the government and community
Primary and secondary education in an institution provided
by DepEd (minor children enrolled in similar schools)
Lawful occupation for sufficient income (except to college
holders who are unable to practice due to disqualification
Literacy in Filipino or any dialect, and
Desire to learn and embrace customs of the Filipinos
Application is handled through the Special Committee on
Naturalization, chaired by the Solicitor General
Minor children become nationalized upon the naturalization
of their father
Effect of a naturalized husband
Lawful wife and minor children becomes a Filipino citizen,
provided an administrative procedure (petition) for the
cancellation of alien certificate of registration
Effect of a naturalized wife
Will not benefit alien husband, but minor children may file
Care in granting or denying naturalization is essential
o If the privilege of naturalization would be granted easily to
foreigners who only desire to improve their economic
conditions rather than having a serious intent to acquire
citizenship, then the nationalistic provisions of the Constitution
would be reduced to a barren form of words
o Extreme care must also be taken that our naturalization laws,
in barring undesirable aliens, does not unduly discourage the
Policy on naturalization should be guided by our own national
o In case of doubt concerning the grant of citizenship, such
doubt should be resolved in favor if the State.

o Dual citizenship does not disqualify a Filipino citizen from

running in office this is a matter of dual allegiance (see next
Section 2. 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 citizens
Those who at the moment of birthday are already citizens of the
Philippines, and
Do not have to perform any act to acquire his citizenship
Filipino citizens by election are natural-born citizens
Made explicit only in 1987, but this was already an implicit rule
o A child born of a Filipina mother already has the inchoate right
to Filipino citizenship from birth
Situation: Jose was born Chinese. He married a natural-born
Filipina in 1932, naturalized in 1955. His son, Jose Jr., was 9 years old
then. Jose Jr. was elected in office in 1987.
Citizenship of Jose Sr., already deceased, may not be attacked
Jose Jr. became a Filipino citizen with his father under the
Naturalization law
o No need for election for citizenship[
o Considered a natural-born Filipino from his mother
Natural-born citizens and naturalized citizens may not be treated
Contrary to the equal protection clause (Chen Teck Lao v.
Republic, 55 SCRA 1, 1974)
Exemption: Constitutional provision
Section 3. Philippine citizenship may be lost or reacquired in the
manner provided by law.

Loss of citizenship
Voluntary (expatriation)
o Naturalization in a foreign country
o Express renunciation
o Subscribing to an oath of allegiance
o Rendering service to or accepting commission in the armed
forces of a foreign country (except under certain circumstances)
o Cancellation of his certificate of naturalization by court
Citizens by blood relationship
o Declared a deserter in the Philippine armed forces in time of
Filipino mothers are placed on equal footing with their husbands
The father or mother may be a natural-born citizen, or a citizen
by naturalization or by election (prior to the 1973 Constitution)
Methods of reacquisition
If the child is born in a state where jus soli obtains, or the childs
father or mother is an alien whose country also follows jus
Repatriation of deserters (i.e. Philippine armed forces, and
sanguinis, then it would be a case of dual citizenship.
women who lost their citizenship by reason of marriage, after
o Philippine citizenship is not affected, nor is the child
termination of marriage)
disqualified from running for office
Direct act o the Congress
Renunciation of American citizenship is not required (only for
R.A. 9225) (Cordora v. COMELEC, G.R. No. 176947, 19 Laws on citizenship reacquisition
February 2009)
Commonwealth Act No. 63
Republic Acts No. 965 and 2639

P.D. 725 on repatriation

Certificate of naturalization may be cancelled
Grounds: fraudulent/illegal acquisition, and/or violation of
o To justify, evidence must be clear, unequivocal and
convincing (Republic v. Cokeng, 23 SCRA 559 1963 and 34
SCRA 668)
Republic v. Cesar Guy, G.R. No. 41399, 20 July 1982
During the pendency of petition for naturalization, the accused
filed a sworn application for a license falsely claiming that he was
Filipino (subsequently convicted for perjury), and after
naturalization, was convicted of rape. Lower court ordered for the
cancellation of certificate, but the accused contended that both
convictions were made after his probationary period and the final
judgment of his citizenship.
o Decision in naturalization proceeding is not res judicata.
Certificate may be cancelled for acts committed after
Requisites fore res judicata
Persons citizenship be raised as a material issue
Solicitor General or his authorized representative took
active part in the resolution, and
Finding on citizenship is affirmed by the Court
o Perjury during petition is evidence of lack of good moral

o Political or economic reasons (Tabasa v. CA, 29 August 2006)

o Oath of allegiance
o Registration in the proper civil registry and the Bureau of
Bureau cancels pertinent alien certificate of registration and
issues certificate of identification as Filipino citizen
Hard prerequisite (Altarejos v. COMELEC, G.R. No. 163256,
10 November 2004)
Requisites for repatriates to run for office (R.A. 9225)
o Oath of Allegiance
o Execution of a personal and sworn renunciation of any and all
foreign citizenship before an authorized public officer prior or
during the filing of certificates of candidacy (Jacot v. Dal, G.R.
No. 179848, 26 November 2008)
Does not restore Philippine domicile
o To reacquire domicile, proof of intent to stay in the Philippines
must be provided.
o After which, occasional absence from the recovered domicile
does not have the effect of removing him from the domicile, so
as long as he manifests animus manendi et revertendi (intention to
return and remain) (Japzon v. Ty, G.R. No. 180088, 19 January
Effective date
o For natural born citizens: date of application for repatriation
(Lee v. COMELEC and Frivaldo, G.R. No. 120295, 28 June
1996; Plurality Opinon)
Repatriation of mother entitles her minor to citizenship

Willie Yu v. Defensor-Santiago (G.R. No. 83882, 24 January 1989)

Petitioner was issued a Portuguese passport in 1971, naturalized Case: Bengson v. Cruz, G.R. No. 142840, 7 May 2001
Cruz was a natural-born citizen, who enlisted in the U.S. Marine
as a Filipino in 1978, but still declared his citizenship as
Corps. He then took an oath of allegiance to the U.S. Without
Portuguese in commercial documents in 1980, obtained a
consent. As a consequence, he lost his Filipino citizenship, and
Portuguese passport in 1981, which expired in 1986.
subsequently naturalized as an American. He reacquired his
o Petitioners actions constitute renunciation of Philippine
Philippine citizenship through repatriation. Is he a natural born
Filipino citizen?
Normally, however, renunciation must be expressed. An
o Cruz was not naturalize, but repatriated recovering his
Alien Certificate of Registration is not equivalent to
original status as a natural-born citizen.
renunciation (Valles v. COMELEC, G.R. No. 137000, 9

possible conditions for repatriation:
August 2000)
o Desertion of the armed force
o Service during the WWII
Labo Jr. v. COMELEC, G.R. No. 86564, 1 August 1989
o Service in the Armed Forces of the US at any other time
Labo was naturalized as an Australian and renounced Philippine
o Marriage of a Filipina to an alien
citizenship. He claims that the Australian citizenship was invalid,
o Political and economic necessity
and therefore he was still Filipino and is qualified for public office.
o Validity of Australian citizenship is a matter with Australia
o Renouncing Philippine citizenship and not pursuing for re- Dugcoy Jao v. Republic, G.R. No. 29397, 29 March 1983
Petitioner claims that she was an illegitimate daughter of a
acquisition = not Filipino
Filipina, erroneously registered as an alien, lost her citizenship
upon marriage to an alien husband who had passed. She
Frivaldo v. COMELEC, 174 SCRA 245 (1989)
petitioned for judicial repatriation.
Frivaldo contends that his naturalization as an American citizen
o No such provisions for judicial repatriation
was involuntary, as he wished to protect himself from Mr.
o All she needed to do was take the oath of allegiance and register
Marcos. He further claims that participating in Philippine political
the oath in a civil registry.
process and filing his certificate of candidacy, he renounces his
Petitioners claim for Philippine citizenship prior to her
American citizenship.
marriage may not be established in an action where the mother
o He is not Filipino. Many Filipinos were similarly situated, but
or her heirs are not made parties.
did not abandon their citizenship.
o He did not undergo the process of repatriation.
Section 4. Citizens of the Philippines who marry aliens shall retain
their citizenship, unless by their act or omission they are deemed,
under the law to have renounced it.
Recovery of original citizenship.
People who may be repatriated (R.A. 8171)
o Women who lost citizenship by marriage

Commonwealth Act No. 63

Filipina loses her citizenship upon her marriage to a foreigner
Repealed in 1973, and provided for application to all in 1987
Section 5. Dual allegiance of citizens is inimical to the national
interest and shall be dealt with by law.
Dual allegiance: continued allegiance of naturalized nations to
their mother country, even after they have acquired Filipino
Dual citizenship: possession of two citizenships
Dual citizenship can be unavoidable
No control over citizenship laws of other countries
Section does not prohibit dual citizenship
Specific target: dual allegiance arising from e.g. mixed marriages
or birth in foreign soil
o Seen as more insidious than dual citizenship
Dealt with law: Constitution leaves the problem to ordinary
R.A. 9225 Dual Citizenship Law
Lost citizenship prior to R.A. 9225
o Re-acquire citizenship upon taking oath
o Person is actually deemed to not have lost or never have lost
his Philippine citizenship
Lost citizenship after R.A.
o Natural born citizens who become citizens of a foreign country
shall retain their Philippine citizenship upon taking the oath
Derivative Citizenship
o Unmarried child below 18 of those who re-acquired their
Philippine citizenship shall be deemed citizens
Civil and Political Rights
o Absentee voting: R.A. 9189
o Public election: qualification, certificate of candidacy,
o Appointment to office: oath of allegiance, and renunciation of
foreign oath of allegiance
o Profession: permit
o Right to vote or be elected cannot be exercised by, or extended
to those who:
o Are candidates or already serving public office in the country
which they are naturalized
o Active service as commissioned or non-commissioned officers
in the armed forces in the country which they are naturalized
Duties and obligations of citizens
To be loyal to the Republic
To defend the State
To contribute to the development and welfare of the State
To uphold the Constitution and obey the laws
To cooperate with duly constituted authorities
To exercise rights responsibly and with due regard for the rights
of others
To engage in gainful work
To register and vote


Provides for continuing registration, but also a prohibitive period

within which to file a sworn petition for the exclusion of voters
Contention: The State may exercise its police powers and enact
laws to safeguard and regulate the act of voters registration

Section 1. Suffrage may be exercised by all citizens of the Philippines,

not otherwise disqualified by law, who are at least eighteen years of
age, and who shall have resided in the Philippines for at least one year Disqualifications are made by Congress
and in the place wherein they propose to vote, for at least six months
Except for prescription against literacy, property, or other
immediately preceding the election. No literacy, property, or other
substantive requirement
substantive requirement shall be imposed on the exercise of suffrage.
o Does not imply incapacity to vote, against principle of social
Disqualifications under the Election Code
Right to vote
o Persons sentenced by final judgment to suffer an imprisonment
1973 Constitution: obligation to vote
of not less than one year, such disability not having been
o Not carried into 1987
removed by plenary pardon
o Arguments against:
Reacquired upon expiration of 5 years after service
o Any person who has been adjudged by final judgment by
No useful purpose to drag people to the polls against their
competent court of having violated his allegiance to the country
o Insane or feeble-minded persons
Quality of votes over quantity
Disqualifications from Election Code are substantive, in that they
o Arguments for:
touch on the quality of the voter, rather than moral or
Would force an apathetic individual to be aware of his
mental worth therefore constitutional.
Other substantive requirements prohibited
Who may exercise suffrage
o Education
o All citizens not disqualified
o Sex
o At least 18 years pf age
o Taxpaying ability
Lowered in order to emphasize the role of youth and broaden
the mass electoral base
Celia v. COMELEC, L-52304, 28 January 1980
Only applies for elections, and not referendum voting.
A law prohibiting voters from voting for elective provincial
(Gonzales v. COMELEC, L-40117, 22 February 1975)
officials does not impose a substantial requirement.
Votes by those aged below 18 were in separate ballot boxes
They are free to exercise their rights without any other
o Resided in the Philippines for 1 year
requirement, save that of being register voters in the cities where
Synonymous to domicile (intention to reside in fixed place
they reside, and the sanctity of their ballot is maintained.
and personal presence in the place)
Acquisition of domicile by choice
Residence or bodily presence in the new locality
Section 2. The Congress shall provide a system for securing the
Intention to remain
secrecy and sanctity of the ballot as well as a system for absentee
voting by qualified Filipinos abroad.
Intention to abandon the old domicile
o Resided in voting precinct for at least 6 months
The Congress shall also design a procedure for the disabled and the
Can mean either domicile or temporary residence
illiterates to vote without the assistance of other persons. Until then,
they shall be allowed to vote under existing laws and such rules as the
o A mere privilege (not a natural right)
Commission on Elections may promulgate to protect the secrecy of
o A political right
the ballot.
o Election
No provision in R.A. 9225 requiring duals to establish residence
o Plebiscite (enactment or declination of a law)
in the Philippines
o Referendum (ratification or rejection)
Implicit acknowledgment that duals are most likely non-residents
o Initiative (direct proposal and enactment)
grants the same right of suffrage as that granted an absentee voter
o Recall
under R.A. 9189

Novel way of amending the Constitution: by silence

Citizens residing abroad may exercise suffrage (R.A. 9189)
Since new citizens under R.A. 9225 are not specifically required
May vote for President, Vice President, Senators, and Party Lists
establish residence, the conclusion is drawn that residence is
Requirement for immigrants: affidavit declaring that he/she shall
resume actual physical permanent residence in the Philippines not
later than 3 years from approval of registration
o Qualifies as a statement that there is no intention to abandon
domicile in the Philippines
o Loss of domicile: evidentiary matter
Proof of loss of domicile may be shown in a exclusion
proceeding under the Election Law
On R.A. 8189 (Continuing Registration)


The legislative power of the Congress, except initiative and

referendum, may be characterized as plenary or general
o Plenary: if the Congress follow both substantive and procedural
limitations, the Congress may legislate on any subject matter

Legislative power: authority to make, alter, and repeal laws
o Task of legislature: prescribe general rules for the government Classification of powers
of society
General legislative powers: power to enact laws intended as rules
of conduct to govern the relations among the individuals or
Section 1. The legislative power shall be vested in the Congress of
between the individuals and the State
the Philippines which shall consist of a Senate and a House of
o Law is presumed constitutional
Representatives, except to the extent reserved to the people by the
Specific powers: powers which the Constitution expressly directs
provision on initiative and referendum.
or authorizes
o Power to choose who shall become President in case two or
Legislative power vested in Congress
more candidates have an equal and highest number of votes
Bicameral legislature
o Confirm certain appointments by the President
o Senate & House of Representatives
o Promote social justice
o 1973: unicameral
o Declare the existence of a state of war
Advantages of unicameralism:
o Appropriate money
o Impeach
Simplicity of organization, resulting in economy and
o Act as a constituent assembly

Implied powers: essential or necessary to the effective exercise of

Facility in pinpointing responsibility for legislation
powers expressly granted
Avoidance of duplication
to conduct inquiry and investigation in aid of legislation
o Advantages:
for contempt, to determine the rules of its proceedings
Second chamber (Senate) is necessary to serve as a check to
Inherent powers: powers possessed and can be exercised by every
hasty and ill-considered legislation (body with national
government because they exist as an attribute of sovereignty (even
perspective to check the parochial tendency of representatives
not explicitly granted in the Constitution)
elected by district)
o Power of taxation, eminent domain, and police power
Allows for more careful study of legislation
Training ground for future leaders
Limits on legislative power
Representation for both regional and national interest
Substantive: curtail the contents of law
Less susceptible to bribery and control by the Executive
Traditional form of legislative body, dating from ancient times
Procedural: curtail the manner of passing laws
o Disadvantages:
Not work out as an effective fiscalizing machinery
Congress may not pass irrepealable laws
No assurance of better considered and deliberated legislation,
Power of present and future legislatures must remain plenary
in spite of double consideration
When one legislature attempts to pass an irrepealable law, to that
Produces duplication of efforts and serious deadlocks in the
extent it attempts to limit the power of future legislatures
enactment of important measures with the Conference
Committee of both Houses, derisively called the third Congress may not delegate its legislative power
chamber, practically arrogating itself the power to enact law
Legislative power must remain where the people have lodged it
under its authority to thresh out differences
More expensive to maintain
o By immemorial practice legislative power may be delegated to
Prohibitive costs of senatorial elections have made it possible
local governments
for only wealthy individuals to make it to the Senate; and as
o Constitution itself might in specific instances allow delegation
to the claim that a Senate is needed to provide a training
of legislative power (e.g. Art. VI, Sections 23(2) and 28(2))
ground for future leaders, 2 of our Presidents became so even

of delegated power is only as far as Congress allows it
if their service was confined to the House of Representatives
What is delegated to administrative agencies is not legislative
power, but rule-making power or execution.
Kinds of legislative power
o To bring a contingent law into actual operation
In republican systems, there are generally two:
Contingent legislation: effectivity of the law is made
o Original: possessed by the sovereign people
dependent on the verification by the executive of the
o Derivative: that which has been delegated by the sovereign
existence of certain conditions
people to legislative bodies and is subordinate to the original
Verification is delegated to the executive
power of the people
Other classifications
o Constituent: power to amend or revise the Constitution
Exercised by people through the amendatory process
o Ordinary: power to pass ordinary laws
Exercised by people through initiative and referendum

Grant of all legislative powers for all purposes of civil government

Qualities a delegating law must possess

Must be complete in itself: must set forth therein the policy to be
carried out
o Without this, the delegate would formulate such policy, which
is the essence of every law

Delegating statute itself must specifically authorize the

Fix a standard: the limits of which are sufficiently determinate or
promulgation of penal regulations
determinable, to which the delegate must conform in the
Penalty must not be left to the administrative agency, but must
performance of his functions
be provided by the statute itself
o Without this, there would be no means to determine whether
the delegate has acted within or beyond the scope of his
Courts, too, cannot fix the term of imprisonment where no
points of reference have been provided in the legislature
o Standards need not be formulated in precise declaratory
Regulation must be published in the Official Gazette or a
newspaper of general circulation
May be drawn from the declared policy
Standard may be embodied in other statutes on the same
subject as that of the challenged laws
Section 2. 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.
The board shall have
power to require every
public utility x x x (3) to
furnish annually a detailed
report of finances
If for any cause
conditions arise resulting in
an extraordinary rise in the
price of palay the
Governor General is
authorized to promulgate
temporary rules fixing
the price of such cereals
Authorization if the
Secretary of Agriculture
and Natural Resources to
impose restrictions on
fishing devices for the
protection of fish fry or
fish eggs, pursuant to a
passed law prohibiting the
use of trawls
Secretary of Agriculture
passed a regulations
penalizing electrofishing,
not recognized in the
Fisheries Act, but
subsequently added in a
later Presidential Decree
Letter of Instruction issued
by the President requiring
the use of early warning
devices and implementing




Delegation is general;
not different from saying
that The board may


Law contains no
standard that will guide
the Governor General in
determining whether the
rise is extraordinary, and
to determine what the
price should be



Regulation supplies the

details for implementing
the law which is already
clear and complete in

Regulation was beyond

the scope of the
Secretarys authority
Standard of safe transit
upon roads is sufficient


Generally accepted
principle of international

**Mia note: essentially, consider if regulations are in line with the

essence of the law, are clear and complete, within jurisdiction, etc.
Grant of quasi-legislative and quasi-judicial powers to
administrative bodies
Philippine International Trading Corporation v. Angeles, G.R.
No. 108461, 21 October 1996
o Result of the growing complexity of the modern society
necessary to create more administrative bodies to help in the
regulation of its ramified activities
May have the force of penal law
o Conditions:

Section 3. 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.
Qualifications may neither be added nor subtracted by Congress
On the day of election refers to the day the votes are cast
Section 4. 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.
May serve for more than two terms, so as long as these terms are
not consecutive.
Section 5.
1. 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.
2. 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.
3. 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.
4. 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.

Representative districts are created by law

ARMM Regional Assembly may not create a representative
district, nor may it create province because a province
automatically gets one representative
o Only Congress can create provinces and cities
Creation of legislative districts does not need confirmation by
plebiscite if it does not involve the creation of an LGU
Classifications of the members of the House of Representatives
District representatives (one congressional district)
Party-list representatives
Sectoral representatives (only existed until 1998)

o Qualification is a question of fact, and therefore not to subject

to review by certiorari
Qualifications of a party-list nominee (Section 9, RA 7941)
o Natural born citizen
o Registered voter
o Resident of the Philippines for a period of not less than 1 year
immediately preceding the day of the election
o Able to read and write
o Bona fide member of the party for at least 90 days preceding
the election
o At least 25 years of age on the day of the election
o Youth sector:
At least 25, but not more than 30 on the day of the election
Any youth sectoral representative who attains the age of 30
during his term shall be allowed to continue in office until the
expiration of his term
Constitutionality of the 2% threshold requirement
o Veterans Federation Party, et al. v. Comelec, GR No 136781, 6
October 2000: filling of the 20% was not mandatory, but 2%
requirement was
o Banat v. Comelec, GR No. 179295, 21 April 2009: 20% is
mandatory, and since 2% threshold is an obstacle, the
requirement is deemed unconstitutional
Distribution of party-list seats (Partido v Comelec, GR No
164702, 15 March 2006)
o 1. 20% allocation
o 2. 2% threshold
o 3. 3-seat limit one qualifying, and two additional seats
o 4. Proportional representation additional seats shall be
computed in proportion of total number of votes
Implies that only those who obtained at least 2% may get
additional seats
COMELEC may not issue IRRs that provide ground for the
substitution of a party-list nominee not written in RA 7941

Party-list system
How it works
o Registered national, regional, and sectoral parties or
organizations submit a list of candidates arranged in the order
of priority
o Organizations are voted for are at large, and the number of
seats a party will get (out of the 20%) will depend on the number
of votes garnered
Maximum seats: 3
o Democratize political power by encouraging the growth of a
multi-party system
o Give power to those who traditionally do not win in the
Who may participate?
o R.A. 7941s intent is not to allow all associations to participate
indiscriminately in the system, but to limit participation to
parties or organizations representing the marginalized and
o Guidelines:
Represent the marginalized and underrepresented in Sec. 5 of
RA 7941
Representative Districts
Must comply with this policy
Religious sector may not be represented
o Contiguous, compact, and adjacent territory
Prohibition against representation, not against religious
o Each city with a population of at least 250 thousand, or each
leaders becoming representatives
province, shall have at least 1 representative
Must not be disqualified under Sec. 6 of RA 7941
Underlying principle: concept of equality of representation,
Must not be an adjunct of or a project organized or an entity
which is a basic principle of republicanism
funded or assisted by the government
One mans vote should carry as much weight as the vote of
Nominees must likewise comply with the requirements of law
every other man
Nominee must be able to contribute to the formulation and
o Within 3 years following the return of every census, the
enactment of legislation that will benefit the nation
Congress shall make a reapportionment of legislative districts
COMELEC may remove or cancel, after due notice and hearing,
on the standards provided
the registration of any party et al. on any of the following grounds:
o Made on the basis of uniform and progressive ratio
o It is a religious sect or denomination, organization, or
o Apportionment shall be made in accordance with the number
association organized for religious purposes
of their respective inhabitants
o Advocates violence or unlawful means to seek its goal
Rule on the representation of provinces and cities
o It is a foreign party or organization
o Each province, irrespective of population, entitled to one
o It is receiving support from any foreign government, foreign
political party, etc., whether directly or through its members or
o Each city with a population of at least 250 thousand is entitled
indirectly through third parties for partisan election purposes
to at least one representative
o Violates or fails to comply with laws, rules, or regulations
250 thousand minimum applies only to cities seeking to
relating to elections
become a representative district
o Declares untruthful statements in its petition
The Court allowed creation of representative districts of
o Ceased to exist for at least 1 year
disproportionate sizes in Aquino III v. Comelec, GR No.
o Fails to participate in the last 2 preceding elections, or fails to
189793. 7 April 2010
obtain at least 2% of votes cast in the 2 preceding elections for

Malolos City failed to become a representative district due

the constituency in which it has registered
the non-observance of this requirement
COMELEC determines whether a party is qualified or not

Effect of conversion of municipality into a city

o When a municipality of a congressional district is converted
into a city large enough to entitle it to one legislative district, the
incidental effect is the splitting of the district into two
Need not be preceded by a census
Implicitly contained in the title announcing the creation of a
new city
o If, however, as a result of the increase of the number of
legislative districts, an imbalance results in the remaining
districts, the COMELEC has no authority to correct the
imbalance by the transfer of municipalities from one district to

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.

Section 6 provides for the qualifications of a member of the House

of Representatives
Party-list representatives need not be a registered voter in the
district which he hall be elected
Congress may not diminish nor increase these qualifications
Residence qualification refers to domicile rather than temporary
o If a person never loses his or her domicile, the 1 year
requirement is not significant
o If a person loses his or her domicile, one must be domiciled in
the new place for at least 1 year immediately preceding the
Choosing new domicile also requires 1-year physical presence
with animus manendi et revertendi

Section 9. 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.

Member of House may serve for more than three non-consecutive


Sec. 67, Article IX of the Omnibus Election Code

Any elective official whether national or local running for any
office other than the one e is holding in a permanent capacity
except for the President and Vice president shall be considered
ipso facto resigned from his office upon the filing of his certificate
of candidacy
o No longer in effect having been repealed by Fair Election Law
Formation of one legislative district out of separate territories for
the purpose of favoring a candidate or a party
Term vs. Tenure
Not allowed!
Term: period during which an official is entitled to hold office
o Contiguous, compact, and adjacent territories
o Changed only by amendment

Tenure: period during which the official actually holds the office
Disqualified candidate who received the highest number of votes
o May be shortened by death or removal
does not imply that the candidate who received the second highest
number of votes can assume office
Section 8. Unless otherwise provided by law, the regular election of
Section 6. No person shall be a Member of the House of the Senators and the Members of the House of Representatives shall
Representatives unless he is a natural-born citizen of the Philippines be held on the second Monday of May.
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 Codilla v. de Venecia, GR No 150605, 10 December 2002
registered voter in the district in which he shall be elected, and a
A person holding office in the House must yield his or her seat to
resident thereof for a period of not less than one year immediately
the person declared by the COMELEC to be the winner. The
preceding the day of the election.
Speaker shall administer the oath on the winner.

Special election to fill vacancy is not mandatory

Left to the discretion of the Congress in the manner prescribed
by law
If there should be a special election, the person elected shall serve
only for the unexpired term.

Section 10. 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
Situation: the Congress passes a laq requiring that candidates for term of all the Members of the Senate and the House of
the House must post a bond equivalent to 1 years salary of a Representatives approving such increase.
Congressman. Is this valid?
No. This amounts to a property qualification contrary to the Salary of the members upon the organization of the first Congress
240 thousand pesos per annum (Art. XVIII, Sec. 17)
social justice provision. Further, this is an attempt to add to the
o Even mandatory drug testing of candidates for public office Approvals of salary increase can only take effect on the following
(RA 9165) is deemed unconstitutional since it adds to the term, rather than the next budget year and etc.
exclusive qualifications for such offices prescribed by the
Delayed effect to place a legal bar to the legislators yielding to
the natural temptation to increase their salaries
May other emoluments not forming part of the fixed salary be
Section 7. The Members of the House of Representatives shall be
tacked on during the term?
elected for a term of three years which shall begin, unless otherwise
o Letter of prohibition seems to allow such indirect increase of
provided by law, at noon on the thirtieth day of June next following
salary because the prohibition is not all encompassing
their election.
1935: prohibited per diems and other emoluments or

o Prohibits immediate increase of salaries

It is submitted, however, that one may legitimately appeal to
the spirit of the prohibition, and read it as an absolute ban on
any form of direct or indirect increase in salary
Travel allowances are permitted
o Since allowances do not form part of the salary, allowances take
effect immediately
o No legal limit on the appropriable amount
Moral, as the books of Congress are audited by the
Commission on Audit

Section 12. 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.

Parliamentary privilege of speech

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.
o Protection only against forums other than the Congress itself
Does not protect the assemblyman against the disciplinary
authority of the Congress, but it is an absolute protection
against suits for libel
o Speech or debate includes utterances made in the
performance of official functions
Utterance need not be made in session, rather, it must
constitute legislative action
Purpose: intended to leave the legislator unimpeded in the
performance of his duties and free from fear of harassment from
Privilege extends to assemblymen, provided that the agency
consists precisely of assisting the legislator in the performance of
legislative action

Section 14. 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.

Requirement of full disclosure

If a member of Congress withholds or hides any information of
his interests, he may be disciplined censured, suspended, or
even expelled
Betrayal of public trust for a member to vote for the approval of
Section 11. A Senator or Member of the House of Representatives
a proposed legislation from which he expects to derive financial
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 Section 13. No Senator or Member of the House of Representatives
other place for any speech or debate in the Congress or in any may hold any other office or employment in the Government, or any
committee thereof.
subdivision, agency, or instrumentality thereof, including
government-owned or controlled corporations or their subsidiaries,
1987 vs 1935 privilege on arrest
during his term without forfeiting his seat. Neither shall he be
appointed to any office which may have been created or the
1935: only from civil arrest
emoluments thereof increased during the term for which he was
o Did not protect a legislator from arrest for a criminal offense
1987: legislator is privileged from arrest even for a criminal elected.
offense provided that the offense was not punishable by a penalty
Member of Congress may resign in order to accept an
of more than 6 years imprisonment
appointment in the government before the expiration of his term
There are offices appointment to which is prohibited during his
term even if the member of Congress resigns his seat
Available while the Congress is in session, whether regular or
o Cannot accept appointment to an office which may have been
special, and whether or not the legislator is actually attending a
created or the emolument of which may have been increased
during his term
Not available during recess, since there is no point
o Purpose of privilege is to protect the legislator against
harassment which will keep him away from legislative sessions Member is disqualified from holding certain classes of offices:
Incompatible office: includes any kind of office or employment
in the government
Members of Congress are not exempt from detention for crime

Forbidden office: any office created or the emoluments of which

They may be arrested, even when the house is in session, for
been increased during the term for which he was elected
crimes punishable by a penalty of more than 6 months

Prohibitions underscore the fiduciary nature of the position of a

member of Congress
E.g. congressman buys shares from a corporation which is party
to a suit before the SEC, then appears in intervention
Ruling upholding the intervention would make the
constitutional provision ineffective
The congressman could have acquired a minimal participation in
the interest of a client and then intervene with the

When immunity cannot be invoked

Offense by reason of which the arrest is made is punishable by Prohibition is personal
more than 6 years imprisonment
Does not apply to a lawyer-congressmans law firm
Congress is no longer in session

Section 15. The Congress shall convene once every year on the
In the absence of a quorum, a smaller number may adjourn from
fourth Monday of July for its regular session, unless a different date
day to day and may compel the attendance of absent members in
is fixed by law, and shall continue to be in session for such number
such manner
of days as it may determine until thirty days before the opening of its
next regular session, exclusive of Saturdays, Sundays, and legal Journal
holidays. The President may call a special session at any time.
Dual purpose
o Insure publicity to the proceedings of the legislature, and a
Special Session vs. Regular Session
correspondent responsibility of the members to their respective
Special session: called by the President while the legislature is in
o Provide proof of what actually transpired in the legislature
o 1935: significance is that the legislature could only consider the
Congress may choose not to disclose matters that affect national
subject matter designated by the president
security (Art. III, Sec. 7)
Present law: leaves discretion to the Congress as to the number
Journal is conclusive upon the courts if it conflicts with
of regular session days, the distinction is no longer significant in
extraneous evidence
determining what the legislature can consider.
Enrolled Bill Doctrine
Executive sessions
Signing of a bill by the Speaker of the House and the President of
Secret meetings or closed sessions hels to discuss issues involving
the Senate, and the certification by the secretaries of both Houses
national security
of Congress that such bill was passed are conclusive of its due
Section 16.
Enrolled bill: official copy of approved legislation and bears the
1. The Senate shall elect its President and the House of
certification of the presiding officer of the legislative body
Representatives, its Speaker, by a majority vote of all its
Respect due to a coequal department
respective Members. Each House shall choose such other
o Requires the courts to accept the certification of the presiding
officers as it may deem necessary.
officers of the legislative body
2. A majority of each House shall constitute a quorum to do
o Accept the certification as conclusive assurance that the bill so
business, but a smaller number may adjourn from day to day
certified is authentic
and may compel the attendance of absent Members in such
Should there be conflicts with the Journal on a matter required by
manner, and under such penalties, as such House may
the Constitution to be entered in the Journal, it is up to the Courts
to decide which prevails (open question in Morales v. Subido, 27
3. Each House may determine the rules of its proceedings,
SCRA 131 (1969))
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.
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.
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.

Officers of the Congress

Senate President
Speaker of the House of Representatives
Such other officers as [each House] may deem necessary
Par 1 is silent on the appointment of majority and minority officers
Method of choosing who will be the other officers must be
prescribed by the Senate itself
o Each House is the sole judge of what disorderly behavior is
o Court may not interfere with rules and regulations, unless it
affects private rights
Existence of quorum
Based on the proportion between those physically present and the
total membership of the body
Ordinarily, a quorum is at least + 1 of the members

Section 17. 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
Election Tribunal
Sole judge when there is an election contest (i.e. when a defeated
candidate challenges the qualification and claims the seat of a
proclaimed winner)
o In the absence of an election contest, the election tribunals have
no jurisdiction
o Independent constitutional bodies; cannot be regulated by
Once a winning candidate has been proclaimed, taken his oath,
and assumed office, COMELECs jurisdiction over election
contests ceases and is transferred to the HRET.
Also has jurisdiction to determine whether a party list
representative is qualified
o But the COMELEC can decide whether a party-list
organization is qualified to join

Powers of Congress and COMELEC to entertain pre- accordance with its duly published rules of procedure. The rights of
proclamation controversies do not conflict with the power of the persons appearing in, or affected by, such inquiries shall be respected.
o Respective powers are exercised on different occasions and for Legislative hearings
different purposes
Scope: Senate v. Ermita, GR No. 169777, 20 April 2006
i.e. PET for presidential elections, SET of senate
o Even a department head who is an alter ego of the President
may be summoned
Court may interfere only when there is a grave abuse of discretion
The Chairman and members of the Presidential Commission
Difference with the 1935 Constitution
on Good Government are not exempt from summons, in spite
o 1935: only two major political parties had representation
of Corys exemption
o 1987: all political parties are given proportional representation
Anyone, except the President and the Justices of the Supreme
ET may not function as such when all its members have been
may be summoned
disqualified, whether voluntary or involuntary
Section 18. There shall be a Commission on Appointments Publication of rules for investigation
Imperative, for it will be the height of injustice to punish or
consisting of the President of the Senate, as ex officio Chairman,
otherwise burden a citizen for the transgression of a law or rule
twelve Senators, and twelve Members of the House of
which he had no notice whatsoever, not even a constructive one.
Representatives, elected by each House on the basis of proportional
In reference to Art. II of the Civil Code
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. De la Paz vs. Senate, R No. 184849, 13 February 2009
The Commission shall act on all appointments submitted to it within
Petitioners argue that respondent Committee is devoid of any
thirty session days of the Congress from their submission. The
jurisdiction because it violated the Senate Rules when it issued the
Commission shall rule by a majority vote of all the Members.
warrant of arrest without the required signatures
Section 16(3): Each House shall determine the rules of its
Total of 25 members, but the Chairman votes only to break a tie
o Traditionally construed as a grant of full discretionary authority
Commission on Appointments
to the Houses of Congress
Acts as a legislative check on the appointing authority of the
o Exercise of this power is generally exempt from judicial
supervision and interference
For the effectivity of the appointment of certain key officials
enumerated in the Constitution, the consent of the Commission Legislative investigation
is needed
A legislative body cannot legislate wisely or effectively in the
absence of information respecting the conditions which the
To be entitled to a seat, the party should comprise 8.4%bof the
legislation is intended to affect or change; and where the
House membership
legislative body does not itself possess the requisite information,
Constitution gives to the two Houses of Congress the primary
recourse must be had to others who do possess it
jurisdiction over who should sit in the Commission
Power of investigation necessarily includes the power to punish a
o Includes determination of party affiliation and number of party
contumacious witness for contempt
members for the purpose of determining proportional
o Court has no authority to prohibit the Committee from
requiring respondent to appear and testify before it
o No person may be punished for contumacy as a witness unless
Section 19. The Electoral Tribunals and the Commission on
his testimony is required in a matter into which the legislature
Appointments shall be constituted within thirty days after the Senate
or any of its committees has jurisdiction to inquire
and the House of Representatives shall have been organized with the
o Implicit limitation: legislatures power to commit a witness for
election of the President and the Speaker. The Commission on
contempt terminates when the legislative body ceases to exist
Appointments shall meet only while the Congress is in session, at the
upon its final adjournment
call of its Chairman or a majority of all its Members, to discharge such
Cannot be applied mutatis mutandis to local legislative bodies.
powers and functions as are herein conferred upon it.
Self-preservation of the Congress is observed. The right is also
sui generis.
How the Commission should arrive at its decisions
1. Constitution must act on all appointments submitted to it
Section 22. The heads of departments may, upon their own initiative,
within 30 session days
with the consent of the President, or upon the request of either
2. Commission shall decide by majority vote
House, as the rules of each House shall provide, appear before and
3. Commission can meet and act only when Congress is in session
be heard by such House on any matter pertaining to their
departments. Written questions shall be submitted to the President of
Section 20. The records and books of accounts of the Congress shall
the Senate or the Speaker of the House of Representatives at least
be preserved and be open to the public in accordance with law, and
three days before their scheduled appearance. Interpellations shall not
such books shall be audited by the Commission on Audit which shall
be limited to written questions, but may cover matters related thereto.
publish annually an itemized list of amounts paid to and expenses for
When the security of the State or the public interest so requires and
each Member.
the President so states in writing, the appearance shall be conducted
in executive session.
Section 21. The Senate or the House of Representatives or any of its
respective committees may conduct inquiries in aid of legislation in

Oversight function of the Congress

Enable the Congress to determine how laws it has passed are
being implemented
Provision to include the heads of departments was included in
order to forestall any objection to a department heads appearance
in Congress.
Does not provide for a question hour
Question hour is only proper to a parliamentary system, where
there is no separation between the legislative and executive.
Sec. 22 has made the appearance of department heads voluntary
o However, department secretaries may not impose their
appearance upon either house
Section 23.
1. 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.
2. 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.





Government as specified in the budget. The form, content,

and manner of preparation of the budget shall be prescribed
by law.
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.
The procedure in approving appropriations for the
Congress shall strictly follow the procedure for approving
appropriations for other departments and agencies.
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.
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.
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.
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.

War power
1935: Gave Congress the sole power to declare war
1973 and 1987: Gave Congress the sole power to declare the
existence of a state of war
o Change is due to emphasis. Difference of the two phraseologies
is not substantial
Actual power to make war is lodged in the executive power, who
holds the sword of the nation
Paragraph 2: rule on riders
Rider: provision or enactment inserted in the general
Emergency powers
appropriations bill which does not relate to some particular
Nature of the delegable power is not specified
appropriation therein
It is submitted that the President may be given emergency
E.g. Appropriation Act for FY 1956-57 contained the provision
legislative powers if the Congress so desires.
that when there is no emergency, no reserve officer of the AFP
may be called to a tour of active duty for more than 2 years during
The resolution of the Congress to withdraw emergency powers
any period of 5 consecutive years
does not need presidential approval
o Provision is not valid, as it violates the rule on riders
Section 24. All appropriation, revenue or tariff bills, bills authorizing
increase of the public debt, bills of local application, and private bills, Section 26.
1. Every bill passed by the Congress shall embrace only one
shall originate exclusively in the House of Representatives, but the
subject which shall be expressed in the title thereof.
Senate may propose or concur with amendments.
2. No bill passed by either House shall become a law unless it
has passed three readings on separate days, and printed
Requirement that money bills must originate in the House of
copies thereof in its final form have been distributed to its
Members three days before its passage, except when the
The House alone can initiate the passage of a revenue bill, such
President certifies to the necessity of its immediate
that, if the House does not initiate one, no revenue law shall be
enactment to meet a public calamity or emergency. Upon
the last reading of a bill, no amendment thereto shall be
Once the House has approved a revenue bill and passed it on to
allowed, and the vote thereon shall be taken immediately
the Senate, the Senate can completely overhaul it by amendment
thereafter, and the yeas and nays entered in the Journal.
of parts or by amendment by substitution
Textually, it is the bill which must exclusively originate from the
Requirement provided by par. 1 is mandatory and not directory
House; but the law itself which is the product of the total
Central Capiz v. Ramirez, 40 Phil. 883, 891 (1920)
bicameral legislative process originates from both.
o To prevent surprise and fraud on the legislature
o Prevent blending in one and the same statute of such thing as
Section 25.
were diverse in their nature, and securing the passage of several
1. The Congress may not increase the appropriations
recommended by the President for the operation of the

measures no one of which could have succeeded on its own

If the President disapproves a bill approved by Congress, he
should veto the entire bill
o Summarized in 3:
o Not allowed to veto separate items of a bill
Prevent hodge-podge or log-rolling legislation
Exception: appropriation, revenue, and tariff bills
Prevent surprise or fraud upon the legislature by means of
Effect of an invalid veto
provisions in bills of which the titles gave no information
o Without effect as if the President did not act on the bill at all
Fairly appraise the people of the subjects of legislation that are
being considered, In order that they may have opportunity of Doctrine of inappropriate provisions
being heard thereon
A provision that is constitutionally inappropriate for an
The rule must be interpreted liberally
appropriation bill may be singled out for veto, even if it is not an
o Should be given a practical rather than technical construction
appropriation or revenue item
o If the title expresses the general subject and all the provisions
o President may veto riders in an appropriation bill
of the statute are germane to that general subject
Executive impoundment
Section 27.
Impoundment: refusal of the President to spend funds already
1. Every bill passed by the Congress shall, before it becomes a
allocated by Congress for a specific purpose
law, be presented to the President. If he approves the same
Supreme Court: refrained from passing judgment on the
he shall sign it; otherwise, he shall veto it and return the
same with his objections to the House where it originated,
o However, they found in the doctrine on inappropriate
which shall enter the objections at large in its Journal and
provision a way out of having to decide whether impoundment
proceed to reconsider it. If, after such reconsideration, twowas legal
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 Publication in every case is indispensable
Total omission of publication would be a denial of due process in
if approved by two-thirds of all the Members of that House,
that the people would not know what laws to obey
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 Section 28.
1. The rule of taxation shall be uniform and equitable. The
Journal. The President shall communicate his veto of any
Congress shall evolve a progressive system of taxation.
bill to the House where it originated within thirty days after
The Congress may, by law, authorize the President to fix
the date of receipt thereof, otherwise, it shall become a law
within specified limits, and subject to such limitations and
as if he had signed it.
restrictions as it may impose, tariff rates, import and export
2. The President shall have the power to veto any particular
quotas, tonnage and wharfage dues, and other duties or
item or items in an appropriation, revenue, or tariff bill, but
imposts within the framework of the national development
the veto shall not affect the item or items to which he does
program of the Government.
not object.
3. Charitable institutions, churches and personages or
convents appurtenant thereto, mosques, non-profit
Steps before a bill becomes a law
cemeteries, and all lands, buildings, and improvements,
1. Must be approved by Congress
actually, directly, and exclusively used for religious,
o A positive act
charitable, or educational purposes shall be exempt from
Must be approved by the President
o Approval may be positive or by inaction
4. No law granting any tax exemption shall be passed without
the concurrence of a majority of all the Members of the
Requirement of yeas and nays
1. Upon the last and third readings of a bill
At the request of 1/5th of the Members present
In repassing a bill over the veto of the President
For revenue/instrument of national economic and social policy
The power to tax involves the power to destroy
Differences in version
Used for regulation
If the version approved by the Senate is different from that of the
The power to keep alive
House, the conference committee consisting of members from
Implicit limitation: must be exercised only for a public
both houses shall propose ways of reconciling the conflicting
purpose/general welfare

Progressive system of taxation

o Powers of the conference committee:
Rate increases as the tax base increases
Amendments germane to the purpose of the bill could be
For equitable distribution of wealth
introduced even if these were not in either bill

to tax may be delegated
Allowable to meet in executive sessions
Tax exemptions may be created
o Exemption: taxes assessed as property taxes, as
Bill vetoed by the President may still become a law
contradistinguished from excise taxes
2/3rd of all the Members shall agree to pass the bill, it shall be sent
Exemption for lands, buildings, and improvements
to the other House where it shall likewise be reconsidered
o If 2/3rds of that house also approves, it shall become a law

o 1935: no provision for charitable institutions, mosques, and

non-profit cemeteries
Section 29.
1. No money shall be paid out of the Treasury except in
pursuance of an appropriation made by law.
2. 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.
3. 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.
Congress has power to control the expenditure of public funds
Implicit limit: funds must be appropriated only for a public
Section 30. No law shall be passed increasing the appellate
jurisdiction of the Supreme Court as provided in this Constitution
without its advice and concurrence.
Congress may increase the appellate jurisdiction of the Supreme
Only with the advice and concurrence of the SC itself
Purpose: prevent the overburdening of the SC
Section 31. No law granting a title of royalty or nobility shall be
The Federalist: This may truly be denominated the cornerstone
of republican government; for so long as they are excluded there
can never be serious danger that the government will be any other
than that of the people
Provision was in the Bill of Rights of both 1935 and 1973.
Section 32. The Congress shall, as early as possible, provide for a
system of initiative and referendum, and the exceptions therefrom,
whereby the people can directly propose and enact laws or approve
or reject 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.
R.A. 6735
First case to come under this law: Garcia v. Comelec, 237 SRA
279 (1994)
o Upheld the validity of the procedure prescribed by the Local
Government Code for local initiative and referendum

Section 1. The executive power shall be vested in the President of
the Philippines.

Claiming of executive privilege cannot be used to unilaterally

determine that a respondents duly-issued subpoena should be
totally disregarded
Claim of privilege must be stated with sufficient particularity to
enable Congress or the court to determine its legitimacy

Executive power
Is the President immune from suit?
Power to administer the laws, which means carrying them into
Presidential immunity during tenure remains as part of the law
practical operation and enforcing their due observance
o Once out of office, even before the end of the term, immunity
for non-official acts is lost
Section 2. No person may be elected President unless he is a natural Rule: unlawful acts of public officials are not acts of the State, and
born citizen of the Philippines, a registered voter, able to read and
the officer who acts illegally is not acting as such but stands in the
write, at least forty years of age on the day of the election, and a
same footing as any other trespasser
resident of the Philippines for at least ten years immediately preceding
such election.
Section 3. There shall be a Vice-President who shall have the same
*Note: review Articles IV & V

qualifications and term of office and be elected with, and in the same
manner, as the President. He may be removed from office in the same
manner as the President.

Significance of Head of state

Ceremonial head of government who must partake (with real and The Vice-President may be appointed as a Member of the Cabinet.
apparent enthusiasm) in a range of activities whether solemn or Such appointment requires no confirmation.
o Reworded from Clinton Rossitors The American Presidency
Function of the Vice-President
Act as President when needed, or to succeed to the presidency in
Significance of being Chief Executive
case of a permanent vacancy in the office
The President is the executive, and no one else is
President may appoint him as a Member of the Cabinet
o Does not need the consent of the Commission of
On executive powers and specific powers
Enumeration of specific powers does not exhaust the totality of
executive powers
Section 4. The President and the Vice-President shall be elected by
o The powers of the President are more than the sum of direct vote of the people for a term of six years which shall begin at
enumerated executive powers
noon on the thirtieth day of June next following the day of the
The limiting of the powers of the President by the Constitutional election and shall end at noon of the same date, six years thereafter.
Commission of 1986 was a reaction to the abuses under the The President shall not be eligible for any re-election. No person who
Marcos regime
has succeeded as President and has served as such for more than four
o Limitation of specific powers of the President, particularly years shall be qualified for election to the same office at any time.
those relating to the commander-in-chief cause, but not a
diminution of the general grant of executive power
No Vice-President shall serve for more than two successive terms.
Voluntary renunciation of the office for any length of time shall not
Executive Privilege
be considered as an interruption in the continuity of the service for
Power of the President to withhold certain types of information the full term for which he was elected.
from the courts, the Congress, and ultimately, the public.
Unless otherwise provided by law, the regular election for President
Types of information covered
o Those which are of a nature that disclosure would subvert and Vice-President shall be held on the second Monday of May.
military or diplomatic objectives
o Information about the identity of persons who furnish The returns of every election for President and Vice-President, duly
certified by the board of canvassers of each province or city, shall be
information of violations of law
o Information about internal deliberations comprising the transmitted to the Congress, directed to the President of the Senate.
Upon receipt of the certificates of canvass, the President of the Senate
process by which government decisions are reached
shall, not later than thirty days after the day of the election, open all
o E.O. 464, Section 2(a)
Conversations and correspondence between the President the certificates in the presence of the Senate and the House of
Representatives in joint public session, and the Congress, upon
and the public official covered by the EO
Military, diplomatic and other national security matters which determination of the authenticity and due execution thereof in the
manner provided by law, canvass the votes.
in the interest of national security should not be divulged
Information between inter-governmental agencies prior to the
The person having the highest number of votes shall be proclaimed
conclusion of treaties and executive agreements
elected, but in case two or more shall have an equal and highest
Discussion in close-door Cabinet meetings
number of votes, one of them shall forthwith be chosen by the vote
Matters affecting national security and public order
of a majority of all the Members of both Houses of the Congress,
The doctrine of executive privilege is premised on the fact that
voting separately.
certain information must, as a matter of necessity, be kept
confidential in pursuit of the public interest.
The Congress shall promulgate its rules for the canvassing of the

compensation shall take effect until after the expiration of the term
The Supreme Court, sitting en banc, shall be the sole judge of all of the incumbent during which such increase was approved. They
contests relating to the election, returns, and qualifications of the shall not receive during their tenure any other emolument from the
President or Vice-President, and may promulgate its rules for the Government or any other source.
Section 7. The President-elect and the Vice President-elect shall
assume office at the beginning of their terms.
Authority to canvass the votes and proclaim the winner
Function of the Congress, and not of the COMELEC
Congress may delegate the preliminary count of votes in a If the President-elect fails to qualify, the Vice President-elect shall act
as President until the President-elect shall have qualified.
presidential election to a Joint Committee
o Committee report must be submitted for approval by the
If a President shall not have been chosen, the Vice President-elect
Congress as a body
Congress may continue the canvass even after the final shall act as President until a President shall have been chosen and
adjournment of its sessions
o Final adjournment does not terminate an unfinished
presidential canvass
o Adjournment only terminates legislative functions
Congress function is not merely ministerial
o Authority to examine the certificates of canvass for authenticity
and due execution
o Congress must pass a law governing their canvassing functions

If at the beginning of the term of the President, the President-elect

shall have died or shall have become permanently disabled, the Vice
President-elect shall become President.

Where no President and Vice-President shall have been chosen or

shall have qualified, or where both shall have died or become
permanently disabled, the President of the Senate or, in case of his
inability, the Speaker of the House of Representatives, shall act as
Supreme Court will be the judge of contests relating to the President until a President or a Vice-President shall have been chosen
election, returns, and qualifications of the President or Vice-President and qualified.
Only two persons may contest the election: the 2nd and 3rd placers
(based on Rule 14 of PET rules)
The Congress shall, by law, provide for the manner in which one who
Validity, authenticity, and correctness of the statement of votes is to act as President shall be selected until a President or a Vice(SOVs) and certificates of canvass (COCs) are under the PETs President shall have qualified, in case of death, permanent disability,
or inability of the officials mentioned in the next preceding paragraph.
Assumption of office while protesting in the PET deems the
protest abandoned.
First two situations: Vice-President becomes acting-President until
a President qualifies
Reasons for prohibition against re-election of President
President seeking a second term is vulnerable to constant political Third situation: Vice-President-elect becomes President
pressures from those whose support he must preserve
President seeking a second term is under a handicap in the Fourth and fifth: Senate President or the Speaker in that order
acts as President until a President or Vice-President qualifies
performance of his functions
o Danger of alienating much needed votes may be an obstacle to
Sixth: Congress determines
impartial performance of duties
Possibility that public funds may be used, for no incumbent
President would like to go down from power as a leader Section 8. In case of death, permanent disability, removal from
office, or resignation of the President, the Vice-President shall
repudiated by his people
become the President to serve the unexpired term. In case of death,
Prohibition widens the base of leadership
permanent disability, removal from office, or resignation of both the
Hamper the establishment of political dynasties
President and Vice-President, the President of the Senate or, in case
The 6-year term will give the President a reasonable time within of his inability, the Speaker of the House of Representatives, shall
which to implement his plans and programs of government, free then act as President until the President or Vice-President shall have
from the demands of partisan politics
been elected and qualified.
Section 5. Before they enter on the execution of their office, the The Congress shall, by law, provide who shall serve as President in
President, the Vice-President, or the Acting President shall take the case of death, permanent disability, or resignation of the Acting
following oath or affirmation:
President. He shall serve until the President or the Vice-President
shall have been elected and qualified, and be subject to the same
"I do solemnly swear (or affirm) that I will faithfully and restrictions of powers and disqualifications as the Acting President.
conscientiously fulfill my duties as President (or Vice-President or
Acting President) of the Philippines, preserve and defend its Vacancy situations described here occur after the office has been
Constitution, execute its laws, do justice to every man, and consecrate initially filed
myself to the service of the Nation. So help me God." (In case of
First situation: Vice-President becomes President
affirmation, last sentence will be omitted.)
Second situation: Senate President or the Speaker in that order
shall act as President until a President or Vice-President shall
Section 6. The President shall have an official residence. The salaries
have been elected and qualified
of the President and Vice-President shall be determined by law and
Third situation: Congress determines Acting President
shall not be decreased during their tenure. No increase in said

duties of his office, the Vice-President shall act as President;

Senate President or Speaker does not lose Senate presidency or the otherwise, the President shall continue exercising the powers and
duties of his office.
speakership upon becoming Acting President
Section 9. Whenever there is a vacancy in the Office of the VicePresident during the term for which he was elected, the President
shall nominate a Vice-President from among the Members of the
Senate and the House of Representatives who shall assume office
upon confirmation by a majority vote of all the Members of both
Houses of the Congress, voting separately.
Previous constitutions did not have a rule for filling such vacancy.

Section 12. In case of serious illness of the President, the public shall
be informed of the state of his health. The members of the Cabinet
in charge of national security and foreign relations and the Chief of
Staff of the Armed Forces of the Philippines, shall not be denied
access to the President during such illness.
Illnesses envisioned
Incapacitating illness
Any serious illness which can be a matter of national concern

By not limiting the choice to the Senate, the President is given a

wider range of choices.
Origin: lesson learned from Soviet Russia
Section 10. The Congress shall, at ten o'clock in the morning of the
third day after the vacancy in the offices of the President and VicePresident occurs, convene in accordance with its rules without need
of a call and within seven days, enact a law calling for a special election
to elect a President and a Vice-President to be held not earlier than
forty-five days nor later than sixty days from the time of such call.
The bill calling such special election shall be deemed certified under
paragraph 2, Section 26, Article V1 of this Constitution and shall
become law upon its approval on third reading by the Congress.
Appropriations for the special election shall be charged against any
current appropriations and shall be exempt from the requirements of
paragraph 4, Section 25, Article V1 of this Constitution. The
convening of the Congress cannot be suspended nor the special
election postponed. No special election shall be called if the vacancy
occurs within eighteen months before the date of the next presidential

Duty of releasing the information is not specified

Understood that the Office of the President would be responsible
for making the disclosure
Section 13. The President, Vice-President, the Members of the
Cabinet, and their deputies or assistants shall not, unless otherwise
provided in this Constitution, hold any other office or employment
during their tenure. They shall not, during said tenure, directly or
indirectly, practice any other profession, participate in any business,
or be financially interested in any contract with, or in any franchise,
or special privilege granted by the Government or any subdivision,
agency, or instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries. They shall strictly avoid
conflict of interest in the conduct of their office.
The spouse and relatives by consanguinity or affinity within the
fourth civil degree of the President shall not, during his tenure, be
appointed as Members of the Constitutional Commissions, or the
Office of the Ombudsman, or as Secretaries, Undersecretaries,
chairmen or heads of bureaus or offices, including governmentowned or controlled corporations and their subsidiaries.

Section 11. Whenever the President transmits to the President of the

Senate and the Speaker of the House of Representatives his written
declaration that he is unable to discharge the powers and duties of his
office, and until he transmits to them a written declaration to the
contrary, such powers and duties shall be discharged by the VicePresident as Acting President.
Bitonio v. COA, G.R. No. 147392, 12 March 2004
Undersecretary who sits in the PEZA Board meetings for the
Whenever a majority of all the Members of the Cabinet transmit to
Secretary has the disqualification of such
the President of the Senate and to the Speaker of the House of

No separate or special appointment for such position

Representatives their written declaration that the President is unable

Secretary of Labor is prohibited from receiving compensation for

to discharge the powers and duties of his office, the Vice-President
additional office = prohibition applicable to the petitioner
shall immediately assume the powers and duties of the office as
sat in behalf of the Secretary
Acting President.

Thereafter, when the President transmits to the President of the Presidential Legal Counsel cannot be made PCGG Chairman
Chief Presidential Legal Counsel has the duty of giving
Senate and to the Speaker of the House of Representatives his written
independent and impartial legal advice on the actions of the heads
declaration that no inability exists, he shall reassume the powers and
of various executive departments and agencies
duties of his office. Meanwhile, should a majority of all the Members
of the Cabinet transmit within five days to the President of the Senate
Also has the duty to review investigations involving other
and to the Speaker of the House of Representatives, their written
presidential appointees
declaration that the President is unable to discharge the powers and
Thus, he may not occupy a position in any of the offices whose
duties of his office, the Congress shall decide the issue. For that
performance he must review
purpose, the Congress shall convene, if it is not in session, within
forty-eight hours, in accordance with its rules and without need of Section 14. Appointments extended by an Acting President shall
remain effective, unless revoked by the elected President, within
ninety days from his assumption or reassumption of office.
If the Congress, within ten days after receipt of the last written
declaration, or, if not in session, within twelve days after it is required Section 15. Two months immediately before the next presidential
to assemble, determines by a two-thirds vote of both Houses, voting elections and up to the end of his term, a President or Acting
separately, that the President is unable to discharge the powers and President shall not make appointments, except temporary

appointments to executive positions when continued vacancies

therein will prejudice public service or endanger public safety.
Appointments to the judiciary
In re: Appointment of Valenzuela, AM 98-0501 SC 9 November
o Provision applies to the judiciary
De Castro v. Judicial and Bar Council, GR No 191002,
o Does not apply to appointments to the Supreme Court
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.
The President shall have the power to make appointments during the
recess of the Congress, whether voluntary or compulsory, but such
appointments shall be effective only until disapproved by the
Commission on Appointments or until the next adjournment of the
Nature of appointing power is executive
Implication that the legislature may not usurp this function
o Legislature may only create an office and prescribe the
qualifications, nut it may neither specify who shall be appointed
to such office nor actually appoint him
Power to appoint includes the power to decide who among the
choices is the best qualified
Appointment calls for discretion on the part of the appointing

Sectoral representative
Commissioner of Customs
Chairman of the Commission on Human
Philippine Coast Guard

CoA approval?

Ad-interim appointments
Appointments made by the President during the recess of
Ad-interim appointments are not temporary
o Although these may be withdrawn or revoked by the President,
and can be disapproved or simply bypassed by the CoA, adinterim appointments are permanent.
o Immediately, without need for confirmation by the CoA
o Effectivity lasts only until disapproval by the Commission on
Appointments or until the next adjournment of the Congress
Difference with appointment in acting capacity
o Ad-interim refers only to positions which need confirmation by
the COA, while acting capacity is also given to those which do
not need confirmation
o Ad-interim may be given only when Congress is not in session,
and acting capacity may be given even when the Congress is.
Congress may not impose on the President the obligation to
appoint automatically the undersecretary as the temporary alter ego
of the secretary
o Alter egos hold a position of great trust and confidence
o Acting appointee to the office must necessarily have the
Presidents confidence thus, he/she must appoint in an acting
capacity even while the Congress is in session
EO 292: the President may temporarily designate an officer
already in the government service or any other competent
person to perform the functions of an office in the executive

Scope of power
Removal power of the President
In addition to the enumeration, he/she also appoints:
Constitution contains no provision expressly vesting such power;
o Members of the Supreme Court
nevertheless, the power is possessed by the President, implied
o Judges of lower courts
from any of the following:
o Regular members of the Judicial and Bar Council
o From the power to appoint which carries with it the power to
o Chairmen and members of the Constitutional Commission
o Ombudsman and deputies
o From the nature of the executive power, the power to
Significance of enumeration: Congress may not give to any other
remove being executive in nature
officer the power to appoint
o From the Presidents duty to execute the laws
Appointing authority may be given to other officials
o From the Presidents control of all departments, bureaus, and
o When the authority is given to head of collegial bodies, it is to
the chairman that the authority is given, and not to the body
o Art. IX, B-Sec.2[3]: no officer or employee in the Civil Service
Chairman can only appoint officers subordinate in rank
shall be removed or suspended except for cause provided by
When the law creating an office is silent as to who should appoint
the corresponding officer, the President has the power to appoint
o With respect to officers exercising purely executive functions,
whose tenures are not fixed by law: President may remove them
Only those enumerated in Sec. 16 need confirmation by the
with or without cause, and not subject to restrictions by
Commission of Appointments
1935 general rule: all appointments made by the President needed
o Quasi-legislative or quasi-judicial function; removed only on
confirmation by the Commission on Appointments, unless
grounds provided by law
exempted by Congress from the need for confirmation.
Civil service officers: only for cause as provided by law
o Ad-interim appointments are immediately effective
Congress may not expand the list on whose appointment needs

Section 17. The President shall have control of all the executive The Congress, if not in session, shall, within twenty-four hours
departments, bureaus, and offices. He shall ensure that the laws be following such proclamation or suspension, convene in accordance
faithfully executed.
with its rules without need of a call.
Power of control
Power of an officer to alter or modify or nullify or set aside what
a subordinate officer had done in the performance of his/her
duties and to substitute the judgment of the former for that of the
Given to the President over all executive officers, from Cabinet
members to the lowliest clerk.
Power of control justifies an executive action to reorganize an
executive office under a broad authority of law
o May involve reduction of personnel, consolidation of offices,
or abolition of positions by reasons of economy/redundancy of
Not the source of the Presidents disciplinary power over the
person of his subordinates
o Disciplinary power flows from his power to appoint
Subject to limitation by the legislature: no officer or
employee in the civil service shall be suspended or dismissed
except for cause as provided by law

The Supreme Court may review, in an appropriate proceeding filed

by any citizen, the sufficiency of the factual basis of the proclamation
of martial law or the suspension of the privilege of the writ or the
extension thereof, and must promulgate its decision thereon within
thirty days from its filing.
A state of martial law does not suspend the operation of the
Constitution, nor supplant the functioning of the civil courts or
legislative assemblies, nor authorize the conferment of jurisdiction on
military courts and agencies over civilians where civil courts are able
to function, nor automatically suspend the privilege of the writ.
The suspension of the privilege of the writ shall apply only to persons
judicially charged for rebellion or offenses inherent in or directly
connected with invasion.
During the suspension of the privilege of the writ, any person thus
arrested or detained shall be judicially charged within three days,
otherwise he shall be released.

Doctrine of qualified political agency

Civilian President holds supreme military authority
All executive and administrative organizations are adjuncts of
Also the ceremonial, legal, and administrative head of the armed
the Executive Department
The acts of the secretaries of such departments, performed and
No need for actual military training, but still has the power to
promulgated in the regular course of business, are, unless
direct military operations and to determine military strategy.
disapproved or reprobated by the Chief Executive, presumptively
Presidents calling of armed forces is not subject to judicial review
the acts of the Chief Executive.
o Except for habeas corpus suspension
o Thus, the Executive Secretary, when acting by authority of the
President, may reverse the decision of another department
Specific military powers
Call out armed forces to prevent or suppress lawless violence,
invasion, or rebellion
Government-owned Corporations
o Does not provide new powers, including emergency powers
Power from government-owned corporations comes from

Suspend the privilege of the writ of habeas corpus

statute, and may also be taken away by statute
Place the Philippines or any part thereof under martial law
He shall ensure that the laws be faithfully executed
The President can do whatever is needed to ensure that laws Martial law
Martial law is essentially police power.
general or special are followed.
However, whereas police power is normally a function of the
The aforementioned is called the power of supervision
legislature executed by the civilian executive arm, under martial
o Does not include the power of control, but the power of
law, police power is exercised by the executive with the aid of the
control necessarily includes the power of supervision
military and in place of certain governmental agencies which for
the time being are unable to cope with existing conditions in a
Section 18. The President shall be the Commander-in-Chief of all
locality which remains subject to sovereignty
armed forces of the Philippines and whenever it becomes necessary,

Martial law is a flexible concept

he may call out such armed forces to prevent or suppress lawless
o Approach will differ based on the circumstances (see entry
violence, invasion or rebellion. In case of invasion or rebellion, when
the public safety requires it, he may, for a period not exceeding sixty
days, suspend the privilege of the writ of habeas corpus or place the
Depends on two factual bases (also for habes corpus):
Philippines or any part thereof under martial law. Within forty-eight
o Existence of actual invasion or rebellion
hours from the proclamation of martial law or the suspension of the
o Requirement of public safety
privilege of the writ of habeas corpus, the President shall submit a
Effects of a state of martial law
report in person or in writing to the Congress. The Congress, voting
o Does not suspend the operation of the Constitution
jointly, by a vote of at least a majority of all its Members in regular or
o Does not supplant the functioning of the civil courts or
special session, may revoke such proclamation or suspension, which
legislative assembly
revocation shall not be set aside by the President. Upon the initiative
o Does not authorize the conferment of jurisdiction on military
of the President, the Congress may, in the same manner, extend such
courts and agencies over civilians where civil courts are able to
proclamation or suspension for a period to be determined by the
Congress, if the invasion or rebellion shall persist and public safety
o Does not automatically suspend the privilege of the writ of
requires it.
habeas corpus

Limitations formulated in the new Constitution (see provision)

Time limit of 60 days
Review and possible revocation by Congress
o Congress has to vote jointly
o Purpose: facilitate the override of the suspension or imposition
Review and possible nullification by the Supreme Court
o Hence, the imposition of martial law or suspension of habeas
corpus is not a political question
o Court may also look into the sufficiency of the factual basis of
the exercise of the power to determine grave abuse of discretion
President may demand obedience from military officers
Military officers who disobey or ignore commands can be
subjected to court martial proceedings
The President may prevent a member of the armed forces from
testifying before a legislative inquiry
o Congress may make use of remedies under the law to compel
o President may compel the military officer to not appear
o President may be commanded by judicial order to compel the
attendance of the military officer
Section 19. 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.

Pardon can only be extended to one whose conviction is final

Effects of pardon
Removes penalties and disabilities, and restores full civil and
political rights
Does not discharge the civil liability of the convict to the
individual he has wronged, as the President has no power to
pardon a private wrong, and
It does not restore offices, property, or rights vested in
others in consequence of the conviction.
o Remission of fines and forfeitures
Merely prevents the collection of fines or the confiscation of
forfeited property
Cannot have the effect of returning property which has been
vested in third parties or money in public treasury
o Amnesty
Commonly denotes the general pardon to rebels for their
treason and other high political offenses, or the forgiveness
which one sovereign grants to the subjects of another, who
have offended by some breach of the law of nations
Convicted prisoner cannot claim to be covered by a general
amnesty, and a court may not order his release in a habeas corpus
Proper remedy: submit this case to the proper amnesty
Constitutional limits
o Cannot be exercised over cases of impeachment
o Grant of amnesty must be with the concurrence of a majority
of all members of Congress
o Art. IX, C, Sec. 5: No pardon, amnesty, parole, or suspension
of sentence for violation of election laws, rules, and regulations
shall be granted by the President without the favorable
recommendation of the Commission [on Elections]

Power of Executive Clemency

Purpose: exists as an instrument for correcting the infirmities and
for mitigating whatever harshness might be generated by a too Differences of pardon and amnesty
strict application of the law
Proclaimed by the Chief
President may extend executive clemency for administrative
Private act granted by the
Executive with the concurrence
of Congress
o Constitution makes no distinction with regard to the extent of
the pardoning power, except with respect to impeachment.
Must be pleaded and proved by Public act of which the courts
the person pardoned
should take judicial notice
Granted to classes of persons
o Reprieves
or communities who may be
Postpones the execution of an offense to a day certain
guilty of political offense,
o Commutations
Remission of a part of the punishment; a substitution of a less Granted to one after conviction generally before or after the
institution of the criminal
penalty for the one originally imposed
prosecution, and sometimes
Does not have to be in any specific form
after conviction.
o Pardons
Looks forward and relieves the Looks backward and abolishes
An act of grace, proceeding from the power entrusted with
the and puts into oblivion the
the execution of the laws, which exempts the individual on
whom it is bestowed from the punishment the law inflicts for consequences of an offense; offense itself; obliterates the
abolishes or forgives the offense as though the offender
a crime he has committed
has not committed any offense
Pardon needs to be delivered, and delivery is not complete punishment
Granted for crimes against the
without acceptance. Hence, it may be rejected by the person
peace of the State
sovereignty of the state
to whom it is tendered.
May be absolute or conditional
Tax amnesty
Absolute: complete even without acceptance
General pardon or intentional overlooking of tis authority to
o Does not equate to a demandable right to reinstatement,
impose penalties on persons otherwise guilty of evasion or
unless pardon is given due to being acquitted on the
violation of revenue or tax law, and as such partakes of an
ground of innocence
absolute forgiveness or waiver by the Government of its right to
Conditional pardon: no force until accepted
collect what otherwise would be due it
o Condition may be less acceptable/be more onerous than
the original punishment to the condemned

President cannot grant tax amnesty without the concurrence of Visiting Forces Agreement (Bayan v. Executive Secretary, G.R.
No. 138570, 10 October 2000)
Guided by this section and Art. XVIII, Sec. 25
Section 20. The President may contract or guarantee foreign loans
Needs ratification by the senate since Art. XVIII, Sec. 25 covers
on behalf of the Republic of the Philippines with the prior
not just bases, but also troops.
concurrence of the Monetary Board, and subject to such limitations
We are bound to accept an official declaration by the U.S. that
as may be provided by law. The Monetary Board shall, within thirty
what is needed to make their consent a treaty has been satisfied.
days from the end of every quarter of the calendar year, submit to the
Congress a complete report of its decision on applications for loans Pimentel v. Ermita, G.R. No. 158088, 6 July 2005
to be contracted or guaranteed by the Government or government Efforts to compel the Executive Department by mandamus to
owned and controlled corporations which would have the effect of
submit the document (treaty) to the Senate was rebuffed by the
increasing the foreign debt, and containing other matters as may be
provided by law.
Court: decision to enter or not to enter into a treaty is a
prerogative solely of the President. Thus, unless the President
Monetary Board
submits a treaty to the Senate, there is nothing for the Senate to
Must approve foreign loans and guarantee the same
concur in.
o Reason: has the expertise and consistency to perform the
Note: the question whether the Philippine government should
mandate since such may be absent among the members of the
espouse claims of its nationals against a foreign government is a
foreign relations matter, the authority for which is at the political
Must give a report of action to allow Congress to act on whatever
legislation may be needed to protect the public interest
The law makes no prohibition on the issuance of certain kinds of
loans, or distinctions as to which kinds of debt instruments are more
onerous than others.

Power to deport aliens

Tan Tong v. Deportation Board, 96 Phil 934, 936 (1955)
o Lodged in the President
o Vested in the Executive by virtue of his office (as an act of the

Section 21. No treaty or international agreement shall be valid and

effective unless concurred in by at least two-thirds of all the Members
Section 22. The President shall submit to the Congress, within thirty
of the Senate.
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
A compact made between two or more states, including measures.
international organizations of states, intended to create binding
rights and obligations upon the parties thereto.
Basis of General Appropriations Bill: budget of receipts and
Foreign relation powers of the President
Power to negotiate treaties and international agreements
Power to appoint ambassadors, other public ministers, and
Power to receive ambassadors and other public ministers
accredited to the Philippines
Power to contract and guarantee foreign loans on behalf of the
Power to deport aliens


Sources of financing
Implies that financing can come from sources other than revenue
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.

Prerogative to address and appear before Congress

Furnishes an opportunity on the part of President at the opening
Presidents role in entering in to international agreement
of the regular session to give information on the state of the
nation and to recommend such measures as he may deem
President negotiates treaties and international agreements
necessary and proper.
o In the negotiation phase of treaty-making, the executive may
completely exclude the Congress.
o However, this only becomes a binding treaty if concurred by at
least two-thirds of all the Members of the Senate
International agreements requiring ratification by the Senate
While treaties are required to be ratified by the Senate, less
formal types of international agreements may be entered into by
the Chief Executive and become binding without the concurrence
of the legislative body
In general, it can be said that agreements that are permanent and
original should be embodied in a treaty and need Senate
Agreements, however, which are temporary or are merely
implementations of treaties or statutes do not need concurrence.

Section 1. The judicial power shall be vested in one Supreme Court
and in such lower courts as may be established by law.
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.
Judicial Power
The right to determine actual controversies arising between
adverse litigants, duly insisted in courts of proper jurisdiction
The authority to settle justiciable controversies or disputes
involving rights that are enforceable and demandable before the
course of justice or the redress of wrongs for violation of such
Scope of judicial power
o Adjudicatory power
Settle actual controversies involving legally demandable and
enforceable rights
Determine whether there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on part of any
branch or instrumentality of the government
o Power of judicial review
o Incidental powerts
Definition of judicial power does not do away with the political
questions doctrine
o At most, it is a reproof of the practice of the Marcos SC of
shying away from reviewing abuse of discretion by the Chief
Executive and using the political questions doctrine as an excuse
Courts are given judicial power, nothing more.
o By separation of powers, courts may neither attempt to assume
nor be compelled to perform non-judicial functions.
o A court may not be compelled to act as a board of arbitrators,
nor can it be charged with administrative functions except when
reasonably incidental to the fulfillment of judicial duties/
o Neither is it their function to give advisory opinions
Declaratory judgment: involves parties with real conflicting
legal interests
Advisory opinion: response to a legal issue posed in the
abstract in advance of any actual case (binds no one)
Courts cannot exercise judicial power when there is no applicable
Moot cases (Mattel, Inc. v. Francisco, G.R. No. 166886, 30 July
A moot case is one that ceases to present a justiciable controversy
by virtue of supervening events, so that a declaration thereon
would be of no practical use or value.
Generally, courts decline jurisdiction over such; however, they
will decide cases, otherwise moot and academic, if:
o There is a grave violation of the Constitution
o The exceptional character of the situation and the paramount
public interest is involved
o When the constitutional issue raised requires the formulation
of controlling principles to guide the bench, the bar, and the
o The case is capable of repetition yet evading review

Abuse of discretion
Refers to grave abuse of discretion amounting to lack or excess
of jurisdiction
Sinon v. Civil Service Commission, 215 SCRA 410, 416-17 (1992)
o By grave abuse of discretion is meant such capricious and
whimsical exercise of judgment as is equivalent to lack of
jurisdiction. The abuse of discretion must be patent and gross
as to amount to an evasion of positive duty or a virtual refusal
to perform a duty enjoined by law, or to act at all in
contemplation of law, as where the power is exercised in an
arbitrary and despotic manner by reason of passion or hostility.
On this basis, the Court can check acts of Congress and of
the President, but with hesitation
Must sometime yield to the doctrines of political questions or
enrolled bill
Note: claims of nationals against a foreign government is a foreign
relations matter, and the authority is not to the courts, but to the
political branches.
Role of the legislature in the judicial process
The proper exercise of judicial power requires prior legislative
o Defining such enforceable and demandable rights and
prescribing remedies for violations of such rights
o Determining the court with jurisdiction to hear and decide
controversies or disputes arising from legal rights
Section 2. The Congress shall have the power to define, prescribe,
and apportion the jurisdiction of the various courts but may not
deprive the Supreme Court of its jurisdiction over cases enumerated
in Section 5 hereof.
No law shall be passed reorganizing the Judiciary when it undermines
the security of tenure of its Members.
Power of Congress over judicial system
May create new courts and to apportion jurisdiction among
various courts
May not impair the independence of the judiciary (see Sec. 5)
Reorganization, so as long as it does not impair security of tenure
(see Sec. 11)
Only the Congress can create courts and alter jurisdiction (implicit
On administrative acts
A law prohibiting courts from issuing injunctions in cases
involving infrastructure projects of the government does not
violate judicial independence
o Such prohibition can only refer to administrative acts in
controversies involving facts or the exercise of discretion in
technical cases
o On issues regarding questions of law, courts cannot be
prevented from exercising their power
Whether or not courts of general jurisdiction have authority over
administrative agencies depend on the statutes governing the
o Where the statute designates the court having jurisdiction other
than courts of general jurisdiction, then courts of general
jurisdiction do not have authority.
o Where there is silence, the general rule applies.

Section 3. The Judiciary shall enjoy fiscal autonomy. Appropriations

for the Judiciary may not be reduced by the legislature below the
amount appropriated for the previous year and, after approval, shall
be automatically and regularly released.
Fiscal Autonomy
See second sentence
Granted to the Supreme Court in order to strengthen its

Quorum: 8 (ergo, majority in this case: 5)

Cases to be heard en banc
o All cases involving the constitutionality of a treaty, international
or executive agreement, or law
o All cases under which the Rules of Court may be required to be
heard en banc
o All cases involving the constitutionality, application, or
operation of presidential decrees, proclamations, orders,
instructions, ordinances, and other regulations
o Cases heard by a division when the required majority in the
division is not obtained
o Cases where the SC modifies or reverses a doctrine or principle
of law previously laid down either en banc or in divisions
The only constraint to division decisions not being appealable
o Administrative cases involving the discipline or dismissal of
judges of lower courts (Sec. 11)
o Election contests for President or Vice-President

Section 4.
1. The Supreme Court shall be composed of a Chief Justice
and fourteen Associate Justices. It may sit en banc or in its
discretion, in division of three, five, or seven Members. Any
vacancy shall be filled within ninety days from the
occurrence thereof.
2. All cases involving the constitutionality of a treaty,
international or executive agreement, or law, which shall be
heard by the Supreme Court en banc, and all other cases Presidential Electoral Tribunal
which under the Rules of Court are required to be heard en
The Constitution did not create the PET, rather, it gives the SC
banc, including those involving the constitutionality,
jurisdiction over presidential and vice-presidential election
application, or operation of presidential decrees,
proclamations, orders, instructions, ordinances, and other
regulations, shall be decided with the concurrence of a Section 5. The Supreme Court shall have the following powers:
majority of the Members who actually took part in the
1. Exercise original jurisdiction over cases affecting
deliberations on the issues in the case and voted thereon.
ambassadors, other public ministers and consuls, and over
3. Cases or matters heard by a division shall be decided or
petitions for certiorari, prohibition, mandamus, quo warranto,
resolved with the concurrence of a majority of the Members
and habeas corpus.
who actually took part in the deliberations on the issues in
2. Review, revise, reverse, modify, or affirm on appeal or
the case and voted thereon, and in no case without the
certiorari, as the law or the Rules of Court may provide, final
concurrence of at least three of such Members. When the
judgments and orders of lower courts in:
required number is not obtained, the case shall be decided
a. All cases in which the constitutionality or validity
en banc: Provided, that no doctrine or principle of law laid
of any treaty, international or executive agreement,
down by the court in a decision rendered en banc or in
law, presidential decree, proclamation, order,
division may be modified or reversed except by the court
instruction, ordinance, or regulation is in question.
sitting en banc.
b. All cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in
Composition of the Supreme Court
relation thereto.
May not be altered by the Congress
c. All cases in which the jurisdiction of any lower
court is in issue.
d. All criminal cases in which the penalty imposed is
reclusion perpetua or higher.
Court is free to create divisions of 3, 5, or 7
All cases in which only an error or question of law
Purpose of allowing up to 5 divisions is to enable to Court to
is involved.
dispose of cases more speedily
judges of lower courts to other stations
Divisions are not spate nor distinct courts
require. Such temporary assignment
o Actions considered in any of these divisions and decisions
without the consent of the judge
rendered therein are, in effect, by the same Tribunal.
Not inferior to en banc decisions
4. Order a change of venue or place of trial to avoid a
Decisions: resolved with the concurrence of a majority of the
miscarriage of justice.
members who actually took part
5. Promulgate rules concerning the protection and
o In no case, without the concurrence of at least 3 of such
enforcement of constitutional rights, pleading, practice, and
procedure in all courts, the admission to the practice of law,
o If required number is not obtained, case shall be decided en banc
the integrated bar, and legal assistance to the under Cases: controversies brought to the Court for the first time
privileged. Such rules shall provide a simplified and
If a case has already been decided by the division and the
inexpensive procedure for the speedy disposition of cases,
losing party files a motion for reconsideration, the failure of
shall be uniform for all courts of the same grade, and shall
the division to resolve the motion because of a tie does not
not diminish, increase, or modify substantive rights. Rules
leave the case undecided the motion for reconsideration is
of procedure of special courts and quasi-judicial bodies shall
remain effective unless disapproved by the Supreme Court.
o Decisions are not appealable en banc
6. Appoint all officials and employees of the Judiciary in
En banc

accordance with the Civil Service Law.

Section 6. The Supreme Court shall have administrative supervision

over all courts and the personnel thereof.
Specific powers of the court
o Judicial powers (first two)
o Auxiliary administrative powers (the rest)
Congress may diminish only the statutory jurisdiction of the SC,
but not those granted by the Constitution

o The injury is likely to be redressed by a favorable action

The rule may be liberally applied
o When the subject in issue is of transcendental interest to the
public, the Court entertains the suit even if those suing do not
have a personal and direct interest such that they are stand to
suffer harm
Exceptions to the general rules
o Overbreadth doctrine
o Taxpayer suits
o Third party standings
Criteria (Powers v. Ohio)
Litigant must have suffered an injury-in-fact which gives
him/her a sufficiently concrete interest in the outcome of
the issue in dispute
Litigant must have a close relation to the third party
There must exist some hindrance to the third partys ability
to protect his/her own interest
o Doctrine of transcendental importance

Judicial review
Power of the SC to declare a law, treaty, international or executive
agreement, presidential decree, proclamation, order, instruction,
ordinance, or regulation unconstitutional
Does not imply that the Court is superior the Constitution is.
Essential requisites
o There must be an actual case calling for the exercise of judicial
power, and the question must be ripe for adjudication, that is,
the governmental act being challenged must have had an
adverse effect on the person challenging it
Taxpayer suit
Not an absolute rule
Taxpayers may have standing to sue in cases involving
expenditure of public funds, if the ff. can be shown:
Example of an exemption: if it is detrimental to public order
o Sufficient interest in preventing the illegal expenditure of
o The person challenging the act must have a standing to
money raised by taxation
challenge, that is, he must have a personal and substantial
o A direct injury will be sustained as a result of the enforcement
interest in the case such that he has sustained, or will sustain,
of the questioned statute
direct injury as a results of its enforcement.

taxpayer is deemed to have the standing to raise a constitutional
General rule: the questions of constitutionality must be raised at
issue when it is established that public funds have been disbursed
the earliest opportunity, so that if not raised by the pleadings,
in alleged contravention of the law or the Constitution. Thus, a
ordinarily it may not be raised at the trial, and if not raised in the
taxpayers action is properly brought only when there is an
trial court, it will not be considered on appeal
exercise by Congress of its taxing or spending power.
o Courts may determine the time when a question affecting
o Appropriations made by the President from his offices funds
constitutionality of a statute should be presented
is not questionable by taxpayer suit, as such is not contrary to
o The court will not touch the issue of unconstitutionality unless
the Constitution
it really is unavoidable or is the very lis mota
Effect of the declaration of unconstitutionality of a statute
o The Court has adopted the view that, before an act is declared
o Concurrence of at least a majority of the members who actually
unconstitutional, it is an operative fact which can be the
took part in the deliberations
source of rights and duties
o Law and etc. must be sustained unless clearly repugnant to the
Constitution in view of the presumption of validity.
Inferior courts may exercise the power of judicial review
When there are 2 possible interpretations, by one of which a
o This may be inferred, since the power of judicial review flows
statute would be unconstitutional, and by the other be valid,
from judicial power, and inferior courts are possessed of judicial
the court should adopt the latter
o The question of wisdom, propriety, or necessity of a law, etc.,
o The same may be inferred from Art. X, Sec. 5(2), which confers
is not open to determination by the court
on the SC appellate jurisdiction over judgments and decrees of
o Political questions are generally addressed to the political
inferior courts in all cases in which the constitutionality or
branches of the government, are, therefore, not justiciable
validity of any treaty, international agreement, law, presidential
decree, proclamation, order, instruction, ordinance, or
regulation is in question.
o Considering, however, the majority vote which is required for
the SC to declare a law unconstitutional, lower courts must keep
o A person has standing to challenge the validity of
in mind that a becoming modesty of inferior courts demands
governmental act only if he has a personal and substantial
conscious realization of the position they occupy in the
interest in the case such that he has sustained, or will sustain,
interrelation and operation of the integrated judicial system of
direct injury as a result of its enforcement.
the nation
o In jurisprudence: it is not only a rule that assures concrete
Moreover, while a declaration of unconstitutionality made by
adverseness which can sharpen the presentation of issues, but it
the SC constitutes a precedent binding on all, a similar
also involves considerations of policy related to judicial selfdecision of an inferior court binds only the parties in this case.
A citizen may raise a constitutional question if he can show the ff:
o That he has personally suffered some actual or threatened Political questions
Political questions are those questions which, under the
injury as a result of the allegedly illegal conduct of the
Constitution, are to be decided by the people in their sovereign
capacity, or in regard to which full discretionary authority has
o The injury is fairly traceable to the challenged action

been delegated to the legislative or executive branch of the Auxiliary powers

See Sec. 5(3) to (6), and Secs. 6, 11
o The Court is frequently called upon to answer whether a
question is one in regard to which full discretionary authority Rule making
has been delegated to the legislative or executive branch of the
1987 Constitution enhanced the rule-making power of the Court
(Sec. 5(5))
Established rule: courts have no jurisdiction to pass upon political
o Given, for the first time:
Power to promulgate rules concerning the protection and
Guidelines (Baker v. Carr, 369 US 186 (1962))
enforcement of constitutional rights
o Textually demonstrable constitutional commitment of the issue
Power to disapprove rules of procedure of special courts and
to a political department
quasi-judicial bodies
o Lack of judicially discoverable and manageable standards for
Took away the power of Congress to repeal, alter, or
resolving it
supplement rules concerning pleading, practice, and
o Impossibility of deciding without an initial policy determination
procedure now exclusive to the Court
of a kind clearly for non-judicial discretion
Writ of amparo
o Impossibility of a courts undertaking independent resolution
o Remedy available to any person whose right to life, liberty, and
without expressing lack of the respect due coordinate branches
security is violated or threatened with violation by an unlawful
of government
act or omission of a public official or employee, or of a private
o Unusual need for unquestioning adherence to a political
individual or entity.
decision already made
o The writ shall cover extralegal killings and enforced
o Potentiality
disappearances of threats thereof
pronouncements by various departments on one question
o Court created such remedy through its authority to promulgate
Not all the guidelines from Baker v. Carr are applicable to
rules for the protection of human rights
Philippine jurisprudence
Writ of habeas data
o Because the duty of the court to determine the existence of
o Remedy available to any person whose right to privacy in life,
grave abuse of discretion, the question is not political even when
liberty, or security is violated or threatened by an unlawful act
there is (the last two points stated above)
or omission of a public official or employee or of a private
Provision including the duty of courts of justice to settle actual
individual or entity engaged in the gathering, collecting, or
controversies involving rights in the definition of judicial
storing of data or information regarding the person, family,
power does not nullify the long-standing doctrine on political
home, and correspondence of the aggrieved party.
questions as being beyond the pale of judicial power
o The coverage of both writs is limited to the protection of rights
o This partial definition of judicial power made by the
to life, liberty, and security, and cover not only actual, but also
Constitution has for its purpose to emphasize that when Grave
threats of unlawful acts or omissions
abuse of discretion is committed even by the highest executive
Writ of kalikasan
authority, the judiciary should not hide behind the political
o A remedy available to a natural or juridical person, entity
questions doctrine.
authorized by law, peoples organization, non-governmental
organization, or any public interest group accredited by or
Court review of capital sentences
registered with any government agency, or behalf of persons
The Constitution does not proscribe intermediate review by the
whose constitutional right to a balanced and healthful ecology
Court of Appeals of such cases
is violated, or threated with violation by an unlawful act or
o However, if only to ensure utmost circumspection before the
omission of a public official or employee, or private individual
penalty of death, reclusion perpetua, or life imprisonment is
or entity, involving environmental damage of such magnitude
imposed, the Court now deems it wise and compelling to
as to prejudice the life, health, or property of inhabitants in two
provide in these cases a review by the CA before the case is
or more cities or provinces
elevated to the SC
RA 8974: allows Congress to amend Rules of Courts substantive
o Where life and liberty are at stake, all possible avenues to
provisions on expropriation
determine ones guilt or innocence must be accorded an
Court may suspend its Rules of Court
accused, and no care in the evaluation of the facts can be
o Inherent in its rule-making power
Limitations on the power of SC to promulgate rules concerning
o If the CA should affirm such penalties, it could then render
pleading, practice, and procedure and admission to the practice of
judgment imposing the corresponding penalty as the
circumstances so warrant, refrain entering judgment and elevate
o Provide a simplified and inexpensive procedure for the speedy
the entire records of the case to the SC for its final disposition.
disposition of cases
No automatic review of a trial courts decision convicting an
o Shall be uniform for all courts of the same grade
accused of a capital offense and sentencing him to reclusion perpetua
o Shall not diminish, increase, or modify substantive rights
o It is only in cases where the penalty actually imposed is death
Test to determine whether a rule prescribed by the SC, for the
that the trial court must forward the records of the case to the
practice and procedure of the lower courts, abridges, enlarges, or
SC [now the CA] for automatic review of the conviction.
modifies any substantive right
o Where the petitioner does not file a notice of appeal or
o The test is whether the rule really regulates procedure, that is,
otherwise indicate a desire to appeal from the decision
the judicial process for enforcing rights and duties recognized
convicting him of murder and sentencing him to reclusion
by substantive law, and for justly administering remedy and
perpetua, the decision becomes final and unappealable.
redress for a disregard or infraction of them.

If the rule takes away a vested right, it is not procedural

If the rule creates a right such as the right to appeal, it may be
classified as a substantive matter
If it operates as a means of implementing an existing right,
then the rule deals merely with procedure
o E.g: SCs transfer of pending cases involving a review of
decisions of the Office of the Ombudsman to the CA is
o E.g.: Unless a reservation to file a separate civil action is
reserved, the civil case is deemed filed with the criminal case:
challenged on the ground that the rule is about substantive
No. This is a matter of procedure.
Constitutions provision empowering the Court to promulgate
rules concerning the protection and enforcement of
constitutional rights emphasizes that the rights are not merely
declaratory, but also enforceable.
Prohibitions against lawyers who are members of a local
legislative body to practice law is not an infringement of the
Courts power, rather, it is a rule on the conduct of officials
o Congress may not pass a law lowering the passing mark of the
Bar, and passing candidates who failed the exam
o SC may nullify results of the Bar examination
Ombudsman may not investigate irregularities in the performance
of a judge independently of any administrative action taken by the
o Power of administrative supervision includes, according to
Section 11, the power to discipline judges of lower courts, or
order their dismissal
o Likewise, the Ombudsman cannot determine for itself and by
itself whether a criminal complaint against a judge, or court
employed, involves an administrative matter. The Ombudsman
is duty bound to have all cases against judges and court
personnel filed before it, referred to the SC for determination
as to whether an administrative aspect is involved therein.
Disciplinary authority over the Bar
o An aspect of the Courts authority to admit to the Bar
o The desistance of a complainant or witnesses does not strip the
Court of jurisdiction because this is a matter of public interest
and concern.
o No affidavit of desistance can divest the Court of its jurisdiction
under Section 6
Rules of procedure issued by special courts and quasi-judicial
bodies are effective, unless disapproved by the SC

the Bar to the Bench and to the public, and public information
relating thereto
o Encourage and foster legal education
o Promote a continuing program of legal research in substantive
and adjective law, and make reports and recommendations
thereon, and
o Enable the Bar to discharge its public responsibility effectively
Section 7.
1. No person shall be appointed Member of the Supreme
Court or any lower collegiate court unless he is a naturalborn citizen of the Philippines. A Member of the Supreme
Court must be at least forty years of age, and must have been
for fifteen years or more, a judge of a lower court or engaged
in the practice of law in the Philippines.
2. The Congress shall prescribe the qualifications of judges of
lower courts, but no person may be appointed judge thereof
unless he is a citizen of the Philippines and a member of the
Philippine Bar.
3. A Member of the Judiciary must be a person of proven
competence, integrity, probity, and independence.
Qualifications of a Member of a lower collegiate court and judges
of non-collegiate lower courts
Natural-born citizen of the Philippines
Member of the Philippine Bar
Possessing the other qualifications prescribed by the Congress
Must be a person of proven competence, integrity, probity, and
Congress on the alteration of qualifications
May not alter the qualifications of members of the SC
May not alter the constitutional qualifications of other members
of the judiciary
May alter statutory qualifications of judges and justices of lower

Right of a judge to hold his position may be contested quo warranto

Quo warranto may be brought against the person who is alleged to
have usurped, intruded into, or unlawfully held or exercised the
public office
May be commenced by the Solicitor General or a public
prosecutor, as the case may be, or by any person claiming to be
entitled to the public office or position usurped or unlawfully held
or exercised by another.
Bar integration
A private person suing must show a clear right to the contested
Official unification of the entire lawyer population of the
Requires membership and financial support of every attorney as Section 8.
conditions sine qua non to the practice of law and the retention of
1. A Judicial and Bar Council is hereby created under the
his name in the Roll of Attorneys in the SC.
supervision of the Supreme Court composed of the Chief
Justice as ex officio Chairman, the Secretary of Justice, and a
o Assist in the administration of justice
representative of the Congress as ex officio Members, a
o Foster and maintain, on the part of its members, high ideals of
representative of the Integrated Bar, a professor of law, a
integrity, learning, professional competence, public service and
retired Member of the Supreme Court, and a representative
of the private sector.
o Safeguard the professional interest of its members
2. The regular members of the Council shall be appointed by
o Cultivate among its members a spirit of cordiality and
the President for a term of four years with the consent of
the Commission on Appointments. Of the Members first
o Provide a forum for the discussion of law, jurisprudence, law
appointed, the representative of the Integrated Bar shall
reform, pleading, practice, and procedure, and the relations of
serve for four years, the professor of law for three years, the



retired Justice for two years, and the representative of the

private sector for one year.
The Clerk of the Supreme Court shall be the Secretary ex
officio of the Council and shall keep a record of its
The regular Members of the Council shall receive such
emoluments as may be determined by the Supreme Court.
The Supreme Court shall provide in its annual budget the
appropriations for the Council.
The Council shall have the principal function of
recommending appointees to the judiciary. It may exercise
such other functions and duties as the Supreme Court may
assign to it.

of majority of the Members who actually took part in the

deliberations on the issues in the case and voted in thereon.
Decisions on disciplinary cases must all be arrived at en banc
However, People v. Gacott, Jr., G.R. No. 116049, 13 July 1995,
ruled that a decision en banc is needed only when the penalty to be
imposed is dismissal of a judge, disbarment of a lawyer,
suspension of either for more than a year, or a fine exceeding
10,000 pesos.

Abolition of a judicial office

If done in good faith and not for political or personal reasons,
there is no removal from office (logically speaking), because a
removal implies that the office exists after the ouster. Hence,
Representative of the Congress may come from the House or
there is no violation of the security of tenure.
from the Senate
In practice, the two houses now work out a way of sharing Removal of Justices
Supreme Court Justices are removable only by impeachment (Art.
XI, Sec. 2)
Section 9. The Members of the Supreme Court and judges of lower
Justices and judges of inferior courts are removable only by the
courts shall be appointed by the President from a list of at least three
SC sitting en banc
nominees preferred by the Judicial and Bar Council for every vacancy.
Such appointments need no confirmation.
A judge, while still in the Bench, may not present himself as a
congressional candidate
For the lower courts, the President shall issue the appointment within
Such behavior constitutes misconduct
ninety days from the submission of the list.
Judicial and Bar Council
Principal function
o The Council shall have the principal function of recommending
appointees to the Judiciary. It may exercise such other functions
and duties as the SC may assign to it
o Ex officio members
Chief justice as ex officio chairman
Secretary of Justice
Representative of the Congress
o Regular members (appointed by the President with consent of
the CoA)
Representative of the Integrated Bar
Professor of law
Retired member of the SC
Representative of the private sector
Rationale behind the creation
o Designated to eliminate politics from the appointment of
judges and justices; thus, appointments to the Judiciary do not
have to go through a political CoA
Section 10. The salary of the Chief Justice and of the Associate
Justices of the Supreme Court, and of judges of lower courts shall be
fixed by law. During the continuance in office, their salary shall not
be decreased.
Salaries are subject to income tax
Implied, in spite of the explicit provision of the 1973 Constitution
declaring such

Compulsory retirement age: 70 years

Section 12. The Members of the Supreme Court and of other courts
established by law shall not be designated to any agency performing
quasi-judicial or administrative function.
Section 13. The conclusions of the Supreme Court in any case
submitted to it for the decision en banc or in division shall be reached
in consultation before the case the case assigned to a Member for the
writing of the opinion of the Court. A certification to this effect
signed by the Chief Justice shall be issued and a copy thereof attached
to the record of the case and served upon the parties. Any Member
who took no part, or dissented, or abstained from a decision or
resolution must state the reason therefor. The same requirements
shall be observed by all lower collegiate court.
A certification by the Chief Justice that he has assigned the case
to a Justice for writing the opinion will not expose the said Justice
to pressure, as the certification will not identify the Justice.
o To ensure the implementation of the constitutional
requirement that decisions of the SC and lower collegiate courts
are reached after consultation with the members of the court
sitting en banc or in division before the case is assigned to a
member thereof for decision-writing.
Effect of absence of certification
o Would not necessarily mean that the case submitted for
decision had not been reached in consultation before being
assigned to one member for the writing of the opinion, since
the regular performance of duty is presumed
o Would only serve as evidence of failure to observe certification
requirement, and may be basis for holding the official
responsible for the omission to account therefor

Section 11. The Members of the Supreme Court and judges of the
lower court shall hold office during good behavior until they reach
the age of seventy years or become incapacitated to discharge the
duties of their office. The Supreme Court en banc shall have the power
to discipline judges of lower courts, or order their dismissal by a vote Reason for required explanation is to encourage participation

Section 14. No decision shall be rendered by any court without

expressing therein clearly and distinctly the facts and the law on which
it is based.

3 month period for deciding cases, not the 12 month period given
to appellate courts
o This is because the Sandiganbayan is a trial court.

No petition for review or motion for reconsideration of a decision of Effect of lapse of the reglamentary period
the court shall be refused due course or denied without stating the
On cases filed after the effectivity of the Constitution
legal basis therefor.
o Case remains undecided, but the court is enjoined to decide the
case or question without further delay
Requirements on the rule on decisions and petitions
On justices or judges concerned
When the Court, after deliberating on a petition and any
o Can be a ground of impeachment or other form of disciplinary
subsequent pleadings, manifestations, comments, or motions
action if it is found to constitute culpable violation of the
decides to deny due course to the petition and states that the
questions raised are factual or no reversible error in the
o Provided in the Code of Judicial Conduct. Failure to do so
respondent courts decision is shown or for some other legal basis
constitutes gross inefficiency and warrants administrative
stated in the resolution, there is sufficient complains with the
constitutional requirement
On cases filed before the effectivity of this Constitution
Minute resolutions need not be signed by the members of the
o Art. XVIII, Secs. 13, 14.
Court who took part in the deliberations of a case, nor do they
o Even when there is delay and no decision or resolution is made
require the certification of the Chief Justice.
within the prescribed period, there is no automatic affirmance
o Requiring such will unduly delay the issuance of its resolutions,
of the appealed decision.
and a great amount of their time would be spent on functions
more properly performed by the Clerk of the Court
Section 16. The Supreme Court shall, within thirty days from the
Reasons for requirement
opening of each regular session of the Congress, submit to the
o Assure the parties that the judge studied the case
President and the Congress an annual report on the operations and
o To give the losing party the opportunity to analyze the decision, activities of the Judiciary.
and possibly appeal or convince the losing party to accept the
decision in good grace
o To enrich the body of case law, especially if the decision is from
the SC
Petitions for review may be denied by a simple minute resolution,
and in memorandum decisions
Military tribunals final verdict of guilty or not guilty does not
violate the provision
A military commission is not a court of record within the meaning
of this article
Section 15.
1. All cases or matters filed after the effectivity of this
Constitution must be decided or resolved within twentyfour months from date of submission for the Supreme
Court, and, unless reduced by the Supreme Court, twelve
months for all lower collegiate courts, and three months for
all other lower courts.
2. A case or matter shall be deemed submitted for decision or
resolution upon the filing of the last pleading, brief, or
memorandum required by the Rules of Court or by the
court itself.
3. Upon the expiration of the corresponding period, a
certification to this effect signed by the Chief Justice or the
presiding judge shall forthwith be issued and a copy thereof
attached to the record of the case or matter, and served
upon the parties. The certification shall state why a decision
or resolution has not been rendered or issued within said
4. Despite the expiration of the applicable mandatory period,
the court, without prejudice to such responsibility as may
have been incurred in consequence thereof, shall decide or
resolve the case or matter submitted thereto for
determination, without further delay.
Rules applicable to the Sandiganbayan


o Autonomous government is free to chart its own destiny and

shape its future with minimum intervention from central
government authorities
o Amounts to self-immolation, since the autonomous
government becomes accountable not to the central authorities,
but to its constituency.

Section 1. The territorial and political subdivisions of the Republic

of the Philippines are the provinces, cities, municipalities, and
barangays. There shall be autonomous regions in Muslim Mindanao Local Autonomy (in recent decisions)
and the Cordilleras as hereinafter provided.
Local governments have certain powers given by the Constitution
which may not be curtailed by the national government, but that,
Constitutional significance
outside of these, local governments may not pass ordinances
Provinces, cities, municipalities, and barangays have been fixed as
contrary to statute.
the standard territorial and political subdivisions of the
On appointing a budget officer
o Must be subject to civil service rules and regulations
Manner of subdividing cannot go out of existence except by a
o If none are chosen, the department head may not appoint
constitutional amendment
anyone he chooses
He must return the recommendations of the local
Only 2 autonomous regions are allowed
government head explaining why the recommendees are not
o Constitutional amendment is needed to add
qualified, and ask for new recommendations
Barangay was retained in spite of its links with the previous
COA may not reduce the allowance given to judges by local
regime for three reasons
Local Government Code authorizes local governments to
1. Historical significance in Asia
give allowances to judges and decide how much this should
2. Existing laws use the term
3. There are continuing references to it in public discussions
Local autonomy prevents COA from interfering
Dual status of local governments
As political bodies corporate
o Local governments are considered political bodies corporate
for administration of affairs of the community within their
territorial boundaries. As incorporated entities, they are
classified as municipal or public corporations and as such
possess dual character:
In their public or governmental aspect (agents of the State)
In their private or corporate aspect (legal entities performing
other functions)

Section 3. The Congress shall enact a local government code which

shall provide for a more responsive and accountable local
government structure instituted through a system of decentralization
with effective mechanisms of recall, initiative, and referendum,
allocate among the different local government units their powers,
responsibilities, and resources, and provide for the qualifications,
election, appointment and removal, term, salaries, powers and
functions and duties of local officials, and all other matters relating to
the organization and operation of the local units.

Present form of local government

Executive distinct from the legislative body
o Different from the form of government under the old Metro
Manila Commission, where a Commission exercised both

No change in the existing form of government shall take
To free local governments from the well-nigh absolute control by
until ratified by a majority of the votes cast in a plebiscite
the legislature which characterized local government under the
the purpose
1935 Constitution
o Not retained, as the provision was considered too limitive of
Thus, although a distinction is made between local governments
the power of Congress
in general and autonomous regions, even those outside the
autonomous regions are supposed to enjoy autonomy
Present state of law on initiative and recall
Initiative and referendum: The legal process whereby the
Difference of autonomy and decentralization
registered voters of a local government unit may directly purpose,
Autonomy is either decentralization of administration, or
enact, or amend any ordinance
decentralization of power
o Court: the statute authorizes initiative and referendum not just
o Decentralization of administration: central government
on ordinances, but also on resolutions arguing that to narrow
delegates administrative power to political subdivisions in order
the meaning to only ordinances would subvert the intent of Art.
to broaden the base of government power and in the process:
VI, Sec. 32
To make local governments more responsive and
Recall: found in the Local Government Code of 1991
o Sec. 70: authorized all provinces, cities, legislative districts, and
Ensure their fullest development as self-reliant communities
municipalities to have a preparatory recall assembly
and make them more effective partners in the pursuit of
authorized to initiate the recall of an elective official
national development and social interest
o Garcia v. Comelec: The Constitution does not provide for any
Relieve the central government of the burden of managing
mode, let alone a single mode, of initiating recall elections.
local affairs and enable it to concentrate on national concerns
Neither did it prohibit the adoption of multiple modes of
Decentralization of power: involves abdication of political power
initiating recall elections. The mandate given by section 3 for
in favor of local government units declared to be autonomous
Section 2. The territorial and political subdivisions shall enjoy local

Article X is for Congress is to (see provision). By this

constitutional mandate, Congress was clearly given the power
to choose the effective mechanisms of recall as its discernment
Recall of officers
Legal process by which the registered voters of an LGU remove,
for loss of confidence, elective local officials.
It is the method of removing persons from office by the
submission of the question as to whether or not they shall be
removed, to the qualified voters at an election held for the
purpose or at a general election
Section 4. The President of the Philippines shall exercise general
supervision over local governments. Provinces with respect to
component cities and municipalities, and cities and municipalities
with respect to component barangays, shall ensure that the acts of
their component units are within the scope of their prescribed powers
and functions.
Power of General Supervision
Power of a superior officer to see to it that lower officers perform
their functions in accordance with law
Does not include the power to substitute ones judgement for that
of a lower officer in matters where a lower officer has various
legal alternatives to choose from
Supervisory structure in the local government
President has general supervision, but his direct supervision
contact is with autonomous regions, provinces, and independent
The rest are in hierarchal order as indicated.
Section 187 of the Local Government code authorizes the
Secretary of Justice to pass judgment on the constitutionality or
legality of tax ordinances or revenue measures.
o Does not exercise the power of control
o He does not thereby dictate what the law should be, but merely
ensures that the ordinance is accordance with the law
Power of general supervision of the President includes the power
to investigate and remove
o Autonomy does not transform local governments into
kingdoms unto themselves
o Important distinction: President has power of general
supervision, but not power of control
Secretary of Local Government may not annul the election of
officers of a federation of barangay officials

The power of LGUs to impose taxes within its territorial

jurisdiction is Constitutional, which recognizes the power of these
units to create its own sources of revenue etc. These
guidelines and limitations as provided by Congress are in main
contained in the Local Government Code of 1999.
o For Makati to impose a business tax, it must be shown that the
Condominium is engaged in business.
The power may not be limited by administrative order
o Only guidelines by Congress may define and limit such power
o The power may not be negated by executive order through a
grant of exemption absent a statute granting such exemption
Rationale for current rule
o Safeguard the viability and self-sufficiency of LGUs by directly
granting them general and broad tax powers
o The taxpayer will not be over-burdened or saddled with
multiple and unreasonable impositions
o Each LGU will have its fair share of available resources
o Resources of the national government will not be unduly
o Local taxation will be fair, uniform, and just.
In case of doubt, resolve in favor of municipal corporations
The power of LGUs to tax is liberally interpreted in its favor
against the state, but it is strictly construed against LGU in favor
of the taxpayer.
Section 6. Local government units shall have a just share, as
determined by law, in the national taxes which shall be automatically
released to them.
Congress may not impose conditions on the release of the share
of LGUs
Provision mandates:
o LGUs to have a just share in the national taxes
o The just share shall be determined by law
o Just share shall be automatically released
As the Constitution lays upon the executive the duty to
automatically release the just share, so it enjoins the legislature not
to pass laws that might prevent the executive from performing
this duty.
o To hold that the executive branch may disregard constitutional
provisions, provided it has the backing of statute, is virtually to
make the Constitution amendable by statute a proposition
which is patently absurd.

Section 7. Local governments shall be entitled to an equitable share

in the proceeds of the utilization and development of the national
Section 5. Each local government unit shall have the power to create wealth within their respective areas, in the manner provided by law,
its own sources of revenues and to levy taxes, fees and charges subject including sharing the same with the inhabitants by way of direct
to such guidelines and limitations as the Congress may provide, benefits.
consistent with the basic policy of local autonomy. Such taxes, fees,
Fund sources of LGUs
and charges shall accrue exclusively to the local governments.
Local taxes, fees, and charges
Power to impose tax
Share in the national taxes
PAGCOR: exempted from tax
Share in the proceeds of the utilization of natural sources within
o The power of local governments to impose tax and fees is
their respective areas
always subject to limitations which Congress may provide by
Other sources of revenues which they may legitimately make use
of either in their public (governmental) capacity, or private
o PAGCOR is exempted by PD 1869, which is still extant.
(propriety) capacity
The power of local governments to tax is liberally interpreted in
its favor against the state, but it is strictly construed against the Scope of power
local government in favor of the taxpayer.
Subject to guidelines and limitations as Congress may provided

o Must not be as such to frustrate the basic policy of local

National Government has no share in such taxes
LGUs can either have shares from revenue accruing through fees
and charges, or they can receive direct benefits such as lower rates
[from the fruits of the utilization of local natural resources]
Section 8. The term of office of elective local officials, except
barangay officials, which shall be determined by law, shall be three
years and no such official 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.
3 year terms, no such official serving for more than 3 consecutive
o Except for barangay officials, which may be determined by law
(Local Autonomy Code: 3 years)
Situation: vice-mayor succeeds to the office of the mayor due to
the incumbents death, and serves the remaining term. Is he
considered to have served a term in that office for the purpose of
the tree term limit?
o No. Section embodies 2 policies:
To prevent political dynasties
Enhance the freedom of choice of the people
Historical examination of the provision reveals:
o 1. The notion of service of term, derived from the concern about
the accumulation of power as a result of prolonged stay in
office, and
o 2. The idea of election, derived from the concern that the right
of the people to choose those whom they wish to govern them
be preserved
Textual analysis of the provision shows that it contemplates
service by local officials for three consecutive terms as a result of
The term limit of elective local officials must be taken to refer to
the right to be elected as well as the right to serve in the same elective
o It is not enough that an individual has served three consecutive
terms; he must also have been elected to the same position for
the same number of times before the disqualification may apply
o The full term must be served before being disqualified to run
the following election
Interruptions between recall elections count as nonsuccessive terms
Preventive suspension does not interrupt the term
Section 9. Legislative bodies of local governments shall have sectoral
representation as may be prescribed by law.
Who appoints sectoral representatives in local legislative bodies?
Local government code: President
o But the Secretary of Local Government may, by authority of
the President, inform the sectoral representatives of their
As may provided by law: indicates that it is not prospective
o It can refer to law already existing at the time the Constitution
was enacted or to future laws
Qualifications are determined by law

Section 10. No province, city, municipality, or barangay may be

created, divided, merged, abolished, or its boundary substantially
altered, except in accordance with the criteria established in the local
government code and subject to approval by a majority of the votes
cast in a plebiscite in the political units directly affected.
Requirement of approval by a majority in a plebiscite
All political units are affected
o If what is involved is a barangay, the plebiscite should be
municipality or city-wide
o If what is involved is a municipality or component city,
o If a portion of province is to be carved out and made into
another province, the plebiscite should include the mother
province and the proposed new province
Section 11. The Congress may, by law, create special metropolitan
political subdivisions, subject to a plebiscite as set forth in Section 10
hereof. The component cities and municipalities shall retain their
basic autonomy and shall be entitled to their own local executive and
legislative assemblies. The jurisdiction of the metropolitan authority
that will thereby be created shall be limited to basic services requiring
Not an attempt to preserve the Metro Manila Commission
An attempt to preserve part of it as a supra-municipal authority
with limited jurisdiction, thereby saving the NCR from relegation
to a constitutional limbo
Authorizes the creation of similar authorities in other metropolitical regions
Area of jurisdiction: not the totality of municipal government, but
only basic services
o Juridical entity with municipal powers police, eminent
domain, and taxation powers exercised by a legislative assembly
needed for providing basic services
Mayors of the component units would form the metropolitan
o Effect: restore the Mayor-Council set-up for cities and towns
of the NCR
Status of the MMDA
Metro Manila: 12 cities and 5 municipalities
o Cities: Caloocan, Manila, Mandaluyong, Makati, Pasay, Pasig,
Quezon, Muntinlupa, Las Pias, Marikina, Paraaque,
o Municipalities: Malabon, Navotas, Pateros, San Juan, Taguig
RA 7924 (1995): Metro Manila was declared as a special
development and administrative region, and the administration
of metrowide basic services affecting the region placed under a
development authority (MMDA)
Metro-wide services
o Services which have metro-wide impact and transcend local
political boundaries, or entail huge expenditures such that it
would not be viable for said services to be provided by the
individual local government units comprising Metro Manila
o 7 basic services:
1. Development planning
2. Transport and traffic management
3. Solid waste disposal and management
4. Flood control and sewerage management
5. Urban renewal, zoning, and land use planning, and shelter

6. Health and sanitation, urban protection, and pollution

7. Public safety
MMDAs powers are limited to the following acts: formulation,
management, monitoring, setting of policies, installation of a
system and administration
o No legislative power, no police power

To create a situation which will allow each culture to flourish

unhampered by the dominance of other cultures, and thereby to
contribute more effectively to national progress.
Prerequisite: a certain distinctive regional commonality of
historical and cultural heritage, economic and social structures,
and other relevant characteristics
o Found in Muslim Mindanao and the Cordilleras
o Areas between the two: not characterized by distinctive
characteristics, but are practically a homogenous culture. Hence,
they are not allowed to form an autonomous group
To furnish a possible solution to the regional conflicts that have
arisen party from cultural diversity

Section 12. Cities that are highly urbanized, as determined by law,

and component cities whose charters prohibit their voters from
voting for provincial elective officials, shall be independent of the
province. The voters of component cities within a province, whose
charters contain no such prohibition, shall not be deprived of their Autonomous region: organized within the framework of this
right to vote for elective provincial officials.
Constitution and the national sovereignty
3 kinds of cities
1. Highly urbanized cities as determined by law
2. Cities not raised to the highly urbanized category, but whose
existing charters prohibit their voters from voting in provincial
elections, and
o Ad-hoc category to take care of existing charters; but these
cities can become highly urbanized, or they may be demoted
to component cities qualified to vote in provincial elections
o May eventually disappear altogether
3. Component cities, i.e., cities which are still under a province in
some way
o Cannot be denied a vote in the election of provincial officials

Section 16. The President shall exercise general supervision over

autonomous regions to ensure that laws are faithfully executed.

Reason behind the creation

Effectivity of creation of autonomous regions

Section 17. All powers, functions, and responsibilities not granted by

this Constitution or by law to the autonomous regions shall be vested
in the National Government.

Some powers not given to autonomous regions

Jurisdiction over national defense and security, foreign relations
and foreign trade, customs and tariff, quarantine, currency,
monetary affairs, foreign exchange, banking and quasi-banking,
external borrowing, posts and communications, air and sea
transport, immigration and deportation, citizenship and
naturalization, and general auditing
Section 13. Local government units may group themselves,
consolidate or coordinate their efforts, services, and resources for
Section 18. The Congress shall enact an organic act for each
purposes commonly beneficial to them in accordance with law.
autonomous region with the assistance and participation of the
regional consultative commission composed of representatives
Grouping contemplated may not create a new juridical entity
appointed by the President from a list of nominees from multi LGUs may create these groupings even without prior enabling law sectoral bodies. The organic act shall define the basic structure of
government for the region consisting of the executive department
Section 14. The President shall provide for regional development and legislative assembly, both of which shall be elective and
councils or other similar bodies composed of local government representative of the constituent political units. The organic acts shall
officials, regional heads of departments and other government likewise provide for special courts with personal, family, and property
offices, and representatives from non-governmental organizations law jurisdiction consistent with the provisions of this Constitution
within the regions for purposes of administrative decentralization to and national laws.
strengthen the autonomy of the units therein and to accelerate the
economic and social growth and development of the units in the The creation of the autonomous region shall be effective when
approved by majority of the votes cast by the constituent units in a
plebiscite called for the purpose, provided that only provinces, cities,
Purpose: foster administrative decentralization as a complement and geographic areas voting favorably in such plebiscite shall be
to political decentralization in order to make possible bottom-to-top included in the autonomous region.
Charter: Organic Act
o An ordinary statute, whether general or special, cannot amend
Section 15. There shall be created autonomous regions in Muslim
an organic act that provides for an autonomous region which
Mindanao and in the Cordilleras consisting of provinces, cities,
under the Constitution may only be created, and therefore
municipalities, and geographical areas sharing common and
changed, through a plebiscite called for the purpose
distinctive historical and cultural heritage, economic and social
structures, and other relevant characteristics within the framework of ARMM Regional Assembly may not create a province
this Constitution and the national sovereignty as well as territorial
Only the Congress may do so, as this involves creating a legislative
integrity of the Republic of the Philippines.
district, which only the Congress can do

Approval by a majority of the votes cast by the constituent units

in a plebiscite held for the purpose
Constituent units that become part
o Only the provinces, cities, and geographic areas which vote
o It is possible for a cluster of municipalities or barangays within
one province to belong, while the others might not
A single province cannot constitute an autonomous region
Those who vote negatively in the first plebiscite may still join the
autonomous region at a future time through a subsequent plebiscite
Congress may determine the date of ARMM elections without the
need for the plebiscite, as the Organic Act did not fix a date
Synchronization will not have the result of vacating the elective
officials, and thus the elected officials may not holdover
o Will result to an extension of the term beyond the constitutional
3-year limit
President may appoint acting regional officials
Section 19. The first Congress elected under this Constitution shall,
within eighteen months from the time of organization of both
Houses, pass the organic acts for the autonomous regions in Muslim
Mindanao and the Cordilleras.
Failure of the Congress to act cannot be allowed to frustrate the
clear intent of the electorate
The short period is prescribed in order to emphasize the urgency
Section 20. Within its territorial jurisdiction and subject to the
provisions of this Constitution and national laws, the organic act of
autonomous regions shall provide for legislative powers over:
1. Administrative organization;
2. Creation of sources of revenues;
3. Ancestral domain and natural resources;
4. Personal, family, and property relations;
5. Regional urban and rural planning development;
6. Economic, social, and tourism development;
7. Educational policies;
8. Preservation and development of the cultural heritage; and
9. Such other matters as may be authorized by law for the
promotion of the general welfare of the people of the
Conflicts between national statutes and local laws: no easy answer
to which will prevail
The matter could not only very well necessitate the serious
weighing of the values involved, but even the adjustment of
national laws in order to accommodate the constitutional desire
for local autonomy in its various aspects
List is not exhaustive (see Sec. 17)
Section 21. The preservation of peace and order within the regions
shall be the responsibility of the local police agencies which shall be
organized, maintained, supervised, and utilized in accordance with
applicable laws. The defense and security of the regions shall be the
responsibility of the National Government.

Autonomous regions are still part of one Republic, hence not

beyond the range of the Commander-in-Chief powers of the
Bring pencils!
Please, please, please, DO NOT RELY ON THIS! This does not
include those discussed in class.
Good luck, and study well