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Q: Apportionment
A: Apportionment is done by the Congress every three years following the return of every census
in order to insure each legislative district is composed of the required number of inhabitants as
required by the Constitution. Apportionment shall be made in accordance with the number of
respective inhabitants on the basis of a uniform and progressive ratio. The Constitution provides
that each city with a population of at least 250,000, or each province, shall have at least one
representative.
N.B.: If Congress enacts a statute creating for a certain province, let us say, Province Y. Then,
such province by virtue of the mentioned provision above is automatically entitled to one
representative.
Q: What is gerrymandering?
A: The creation of representative districts out of separate portions of territory in order to favour a
candidate. This is prohibited under the Constitution because each legislative district shall
comprise, as far as practicable, contiguous, compact and adjacent territory.
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Such immunity may be availed of when congress is in session, whether regular or special
and whether or not such legislator is actually attending a session.
Q: What is privilege of speech and debate?
A: Privilege of speech and debate- Ratio: To enable a legislator to express views bearing upon
the public interest without fear of accountability outside the halls of the legislature for his
inability to support his statements with the usual evidence required in the courts of justice.
Requirements for privilege of speech:
1.) The remarks must be made while the legislature or the legislative committee is
functioning (in session);
2.) They must be made in connection with the discharge of official duties.
**Privilege of speech is not absolute since he may be called to account for his remarks by his
colleagues in the Congress itself or punished for disorderly behaviour.
Justice Leus: Where does the power of Congress come from? Ibig sabihin paano nakuha yung
power na yun. Section 11 Art. 6 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.
**The phrase in any other place means that a member of the legislature cannot be made liable in
places other than Congress. Hence, it is only in Congress that its members can be punished.
NOTE: Two privileges are not available while the congress is in recess.
Is intended to leave legislator unimpeded in the performance of his duties and free from fear of
harassment from outside.
Session- refers to the entire period from its initial convening until its final adjournment.
Final adjournment- this is the 30 days before the opening of next session.
Adjournment - The dismissal by court, legislative assembly or properly authorize officer, of the
business before them. To meet again another time appointed.
BTX Notes in Constitutional Law 1
Brotherhood. Trust. Xcellence.
Theres no other way but the BTX Way.
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There must be a concurrence of two thirds of all the members in suspending or expelling a
member.
Suspension must not be for more than 60 days.
Other modes of disciplinary measure are; deletion of unparliamentary remarks from the record,
fine, imprisonment and censure (Soft impeachment)
BTX Notes in Constitutional Law 1
Brotherhood. Trust. Xcellence.
Theres no other way but the BTX Way.
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Disorderly behaviour- is the prerogative of the congress and cannot as a rule be judicially
reviewed.
Q: What is a journal book?
A: Journals are a record of what is done and past in a legislative assembly. EXCEPT: parts
affecting national security, publications cannot be divulged in the public. (cross)
The journal is only a resume or the minutes if what transpired during a legislative session.
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Bicameral Conference Committee shall harmonize, if any, the difference from the both
houses. Jurisdiction of the ConCom is not limited to resolving differences between both
versions of the bill. It may propose an entirely new provision.
Approval or Authentication by the President and return to the House where the bill
originated; the president may veto the bill for changes or suggestions.
Q: The bill should embrace the principle of One title, one subject rule, why?
A: (1) to prevent Hodgepodge or log rolling legislation any act containing several subject with
unrelated matters representing diverse interest.
(2) to prevent fraud or surprise upon the legislative by means of provisions in bills which the title
gave no information and which might therefore be overlooked and carelessly/ unintentionally
adopted.
(3)To fairly appraise the people through such publication of legislative proceedings
Q: Substantive limitation of a Bill
A: Ex post facto law; Bill of attainder; Impairment of contract; passage of irrepealable law.
Q: What are the characteristics of ex post facto laws?
A:
1. Law makes criminal an act done before the passage of the law and which was innocent
when done, and punishes such act.
2. Law which aggravates a crime, makes it greater than it was
3. Law which changes the punishment and inflicts a greater punishment
4. Law which alters the legal rules of evidence, authorizes conviction upon less or different
testimony than the law required at the time of commission of offense.
5. Law which assumes to regulate civil rigts and remedies only, but in effect imposes
penalty or deprivation of a right for something which when done was lawful
6. Law which deprives a person accused of a crime of some lawful protection to which he
has become entitled.
Q: What is pocket veto?
A: vetoing of a bill by an executive by not acting in time given by law. Not applicable in PH
inaction of the President for 30 days never produce a veto.
Q: What is an item?
A: refers to the particulars, the details, the distinct and severable parts of the bill.
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Note: IAL is mandatory because refusal of such could hold a person in contempt, which is
punishable.
Limitations of IAL:
(1) in aid of legislation; (2) in accordance with duly published rules of procedure; (3) rights
of persons appearing in or affected by such inquiry shall be respected.
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EXECUTIVE DEPARTMENT
Q: To whom the executive power vested
A: (Art.7 Sec.1) The executive power shall be vested in the president
Q: What is the executive power?
A: The power to enforce and administer laws
Q: Qualifications of a President
A: (sec.2)
Natural born citizen of the Phil.
Registered voter
Able to read and write
At least 40 years of age at the day of election
Resident of the Phil of at least 10 years immediately preceding the next election
Q: Who is a natural born citizen?
A: one who is a citizen of the Philippines from birth without having any act to acquire perfection
to his citizenship
Q: who is a naturalized citizen?
A: acquire citizenship after birth through any modes allowed by law
Q: What is an executive privilege?
A: Case of David vs Arroyo. (Ilagay niyo yung ruling dito)
Q: How is the President elected?
A: Through direct vote of the people
Q: Term of Pres.
A: 6 years
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7. Diplomatic Power
8. Budgetary Power
9. Informing Power
10. Others
a. Call Congress to special session
b. Power to approve or veto bills
c. Consent to deputation of government personnel by COMELEC
d. Discipline such deputies
e. Emergency powers, by delegation from Congress
f. General supervision over LGs and autonomous regional governments.
(Justice Leus: Laging tandaan, may tinatawag tayong residual power of the President.)
Justice Leus again: The President, upon whom the executive power is vested, has unstated
residual powers other than those expressly stated in the Constitution and which are implied from
the grant of executive power and which is necessary for her to comply with the duties of the
Constitution. The powers of the President are not limited to what are expressly enumerated in the
article on the Executive Department and in the scattered provisions of the Constitution. (Marcos
vs ManglapuS)
Justice Leus ulit: Tandaan ulit! All powers that are neither Legislative or Judicial are presumed
to be Executive.
Q: What is the appointing power?
A: It is the selection, by the authority vested with power, of an individual who is to exercise the
function of a given office.
Q: Who can be appointed by the president?
A:
1. The heads of the executive departments (requires confirmation from the COA)
2. Ambassadors, other public ministers and consuls. (requires confirmation from the COA)
3. Officers of the armed forces from the rank of colonel or naval captain (requires confirmation
from the COA)
4. Those other officers whose appointments are vested in him by the Constitution. (requires
confirmation from the COA)
5. All other officers of the government whose appointments are not provided for by law (NO
confirmation from the COA)
6. Those whom he may be authorized by law to appoint. (NO confirmation from the COA)
Q: What are the usual steps in the appointing process?
A:
1. Nomination, which is made by the president
BTX Notes in Constitutional Law 1
Brotherhood. Trust. Xcellence.
Theres no other way but the BTX Way.
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2. The confirmation, which is the prerogative of the Commission on Appointment and the
issuance of the commission done by the President
3. The issuance of the commission, also done by the President.
(This is only when the appointment is regular)
Q: What is ad interim appointment?
A: It is made during the recess and becomes effective then, subject to confirmation or rejection
later, during the next legislative session.
Q: What are the differences of regular and ad interim appointment?
A:
1. Regular appointment is made during the legislative session; ad interim appointment is made
during the recess
2. The regular appointment is made only after the nomination is confirmed by the commission on
appointments; the ad interim appointment is made before such confirmation
3. The regular appointment, once confirmed by the commission on appointment, continues until
the end of the term of the appointee; ad interim appointment shall cease to be valid if
disapproved by the commission on appointments or upon the next adjournment of the congress.
Q: What is the purpose of ad interim appointment?
A: It is intended to prevent a hiatus in the discharge of official duties.
Q: Can the congress limit the Presidents power of appointment?
A: Yes, by prescribing qualifications for public office.
Q: What is the concept of removal power?
A:
The President possesses the power of removal by implication from other powers expressly vested
in him.
1. It is implied from his power to appoint
2. Being executive in nature, it is implied from the constitutional provision vesting the executive
power in the President.
3. It may be implied from his function to take care that laws be properly executed; for without it,
his orders for law enforcement might not be effectively carried out.
4. The power may be implied from the Presidents control over the administrative departments,
bureaus, and offices of the government. Without the power to remove, it would not be always
possible for the President to exercise his power of control.
BTX Notes in Constitutional Law 1
Brotherhood. Trust. Xcellence.
Theres no other way but the BTX Way.
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Judicial Department
Q: If the President, upon seeing an open man-hole on the road, can he call the Secretary of
Department of Public Works and Highways (DPWH) to fix it?
A: No. the judiciary is a passive branch of the government. It will not require an action not only
against the government but as well as against private individuals without a complaint or petition
that is found meritorious.
Q: On the other hand, can the Chief Justice of the Supreme Court (SC), upon seeing a
person stabbing another, and upon reaching the SC she wrote a decision convicting the
person of murder, can he do that?
A: No, because that the judiciary is a passive branch of the government.
Q: What is judicial power?
A: It is the duty of the courts of justice to settle actual controversies involving rights which are
legally demandable and enforceable (traditional concept) and to determine whether or not there
has been grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any
branch or instrumentality of the Government (broadened/expanded concept).
Q: Why is it called broadened concept?
A: The courts of justice can now review what was before forbidden territory, to wit, the
discretion of the political departments of the government. Otherwise stated, the courts of justice
can now decide on political questions.
BTX Notes in Constitutional Law 1
Brotherhood. Trust. Xcellence.
Theres no other way but the BTX Way.
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A: To give the President enough leeway in the exercise of his discretion when he makes his
appointment. If the nominee were limited to only one, the appointment would in effect be made
by the Judicial and Bar Council, with the President performing only the mechanical act of
formalizing the commission.
Q: What are the qualifications required for members of the Supreme Court or any lower
collegiate court?
A:
The general qualification is that every member of the Judiciary be a person of proven
competence, integrity, probity, and independence.
The specific qualifications are:
(1) He/she is a natural-born citizen of the Philippines;
(2) He/she must be at least forty (40) years of age; and
(3) He/she must have been for fifteen (15) years or more a judge of a lower court or engaged
in the practice of law in the Philippines.
These qualifications, having been enumerated in an exclusive manner, may not be reduced or
increased by the Congress through ordinary legislation. Thus, a statute requiring that the
members shall hold a doctorate degree in law, while calculated to improve the stature of the
Supreme Court, would still be unconstitutional.
But in the case of the judges of the other lower courts, it is expressly permitted for the Congress
to add to the constitutional qualifications, the same being only minimum requirements. Thus, it is
competent for the Legislature to provide for age or practice qualifications for such judges in
addition to the citizenship and professional qualification.
Q: What is Judicial and Bar Council?
A: The Judicial and Bar Council, which took the place of the Commission on Appointments in
the matter of judicial appointments, is the Council that will screen such appointments and not the
Commission. It is composed of the Chief Justice as ex officio Chairman, the Secretary of Justice,
and a representative of the Congress as ex officio Members, a representative of the Integrated
Bar, a professor of law, a retired Member of the Supreme Court, and a representative of the
private sector.
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through the mediation of another, or who shall accept gifts offered to him by reason of
his office.
(4) Other high crimes those offenses which, like treason and bribery, are of so serious and
enormous a nature as to strike at the very life or the orderly workings of the government.
Therefore, they exclude such offenses such as rape and murder which, although as
serious as treason and bribery, will not necessarily strike at the orderly workings, let
alone the life, of the government.
(5) Graft and corruption to be understood in the light of the prohibited acts enumerated in
the Anti-Graft and Corrupt Practices Act.
(6) Betrayal of public trust a catch-all to cover all manner of offenses unbecoming a public
functionary but not punishable by the criminal statutes, such as inexcusable negligence of
duty, tyrannical abuse of authority, breach of official duty by malfeasance or,
misfeasance, cronyism, favoritism, obstruction of justice.
Q: Who are impeachable officers?
A:
(1)
(2)
(3)
(4)
(5)
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he already resigned.
Q: What are the limitations on impeachment?
A: No impeachment proceedings shall be initiated against the same official more than once
within a period of one year.
Q: When is the period counted?
A: It is counted upon the initiation of proceedings.
Q: When is the complaint initiated?
A: Case of Francisco
Q: Can an ordinary man initiate impeachment?
A: Yes, provided that there is an endorsement by a member of the House of Representatives.
Q: What is the appropriate committee for cases of impeachment?
A:
Q: Where do you file impeachment cases?
A:
Q: What is the importance of the one-third (1/3) of the members of the House of
Representatives?
A: In case the verified complaint or resolution of impeachment is filed by at least 1/3 of all the
Members of the House, the same shall constitute the Articles of Impeachment, and trial by the
Senate shall forthwith proceed.
Q: What shall the Senators do before the start of the trial?
A: They shall recite an oath or affirmation because they are performing a non-legislative
function. When they took their oath or affirmation as Senators, such oath or affirmation pertained
to them as legislators. In impeachment cases, their oath or affirmation pertains to them being
judges.
Q: What is the role of the Chief Justice in impeachment cases?
A: He shall preside when the President is on trial.
Q: What is the quantum of evidence needed for the conviction of guilt?
A: None. Only the concurrence of 2/3 of all the members of Senate is required because
impeachment is a political question.
BTX Notes in Constitutional Law 1
Brotherhood. Trust. Xcellence.
Theres no other way but the BTX Way.
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Q: Can the Senate propose penalty and imprisonment if the official on trial is found guilty
of a crime like treason?
A: Yes provided that the official is criminally prosecuted. When criminally prosecuted for the
offense which warranted his conviction on impeachment, the officer cannot plead the defense
of double jeopardy.
Q: Can the impeached official appeal to the Supreme Court?
A: Generally, no. Impeachment proceedings are normally not subject to judicial review. But the
court may annul the proceedings if there is a showing that there is grave abuse of discretion or
non-compliance with the procedure for impeachment.
Q: Who is or what is the Ombudsman?
A: The Ombudsman or the Office of the Ombudsman is the protector of the people who shall act
promptly on complaints filed in any form or manner against public officials or employees.
Q: Are the Tanodbayan and the Ombudsman the same?
A: Yes. The old Tanodbayan is now the Special Prosecutor who is limited to and charged with
the prosecution.
Q: What is Sandiganbayan?
A: The term is a Tagalog word meaning support of the nation or sandigan ng bayan. Implicit
in the name is the idea that the people can rely on this body for the attainment of the specific
goals addressed to its attention. It is the present anti-graft court.
Q: What is the relation of the Ombudsman, Sandiganbayan, and special prosecutors?
A: The case is filed in Sandiganbayan, after the investigation of the Ombudsman. Then the
special prosecutor will be the one to prosecute the case from the Office of the Ombudsman. All
the evidence comes from the Ombudsman.
Q: In general, what is the function of the office of Ombudsman?
A: To investigate whether there is probable cause.
Current Events
Is PDAF constitutional?
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Option #1: Yes, the PDAF is constitutional as enunciated by the SC in the in the
landmark cases of PHILCONSA vs. Enriquez and LAMP vs. Secretary of Department
of Budget and Management. In that former case, the SC held that the CDF (the
predecessor of PDAF) is constitutional because the actions of the congressmen and
senators are limited only to recommending or proposing projects. The implementation
and execution are still done by the executive department. On the latter case, the SC
held that PDAF is constitutional because there was no evidence to establish the fact
that individual members of Congress received and thereafter spend funds out of
PDAF.
Option #2: No, the PDAF is unconstitutional because Section 25(6), Article VI
provides that 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. The PDAF was used in
contravention of the mentioned constitutional provision because in went to the
pockets of private individuals, senators and congressmen. Furthermore, the vouchers
used in liquidating the projects are all simulated because it was issued by bogus nongovernment organizations.
Is DAP constitutional?
Option #1: Yes, the DAP is constitutional because the President is authorized under
Section 25(5), Article VI to augment any item in the appropriations for the executive
branch using savings from other items of the appropriations of the said branch. What
the Senators did was merely to recommend existing projects which are yet to be
implemented. Full discretion is still within the executive department.
Option #2: No, the DAP is unconstitutional because the authority of the President
under Section 25(5), Article VI to realign savings is limited only to existing
appropriations in the executive branch. It does not authorize him to augment items in
the appropriations of the legislative branch using the savings of the executive branch.
Furthermore, there is no law which authorizes the release of such funds. Section
29(1), Article VI provides that no money shall be paid out of the Treasury except in
pursuance of an appropriation made by law. The intention of the President to spur the
BTX Notes in Constitutional Law 1
Brotherhood. Trust. Xcellence.
Theres no other way but the BTX Way.
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economy using the DAP may be noble but the same is not authorized under the law.
Ours is a government of laws and not of men.
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