CONSTITUTION

1. Fundamental Law of a state

2. Directing the principles upon which the
government is founded
3. Regulating the exercise of sovereign power
4. Directing what bodies of persons those
powers shall be controlled and the manner of
their exercise
Q: Constitution vs. Constitutional Law
Q: Classification of Constitution
Q: Purpose
How do you amend the Constitution?
a. Congress
b. Constitutional Convention
c. Peoples initiative

Amendment

Revision

Congress
(ConAss)

separate
votes

Constitutional
Convention
Peoples
Initiative

Free
to
choose
Petition 60-90
12%, 3%

separate
votes
Free
to
choose
x

- emphasizes unity of land and waters by defining an

archipelago either as a group of islands surrounded by
waters or a body of waters studded with islands.

PROGREESIVE SYSTEM OF TAXATION

a tax system is progressive when the rate
increases as the tax base increases
the explicit mention of progressive taxation in
the Constitution reflects the wish of the
Commission that the legislature should use the
power of taxation as an instrument for a more
equitable distribution of wealth.
- tax power ay be delegated
DOCTRINE OF CONSTITUTIONAL SUPREMACY
all doctrines should be written in red
PREAMBLE
aspirations
INITIATIVE vs. REFERENDUM

Calling
of
Concon
2/3
Majority

RATIFICATION
thru plebiscite/ calling for a plebiscite
Examples of Revision of the Constitution
1. Change of age of voters from 18-21
AMENDMENT
2. Reducing Filipino ownership of mass media
from 100% to 60% - AMENDMENT
3. Requiring a candidate to be a president to
have a Masteral Degree AMENDMENT
INTERPRETATION/
CONSTRUCTION
OF
THE
CONSTITUTION
1. Verba Legis the constitution must be given
their ordinary meaning
2. Ratio legis et anima
3. Ut Magis Valeat

INITIATIVE
power of the people to propose amendments
to the Constitution or to propose and enact
legislation through an election called for the
purpose
RA 6735
Not earlier than 60 days, not later than 90
days
DOCTRINE OF PROPER SUBMISSION
NATIONAL TERRITORY
1. Philippine Archipelago Archipelagic Theory
2. Other Territories sovereignty or jurisdiction
3. Terrestrial, fluvial, aerial domain
Q: What is the distance of the territorial seas?
Q: What is the purpose of the contiguous zone.
RIGHT OF INNOCENT PASSAGE
what are not innocent passage?
Can the Philippines pursue
RIGHT OF HOT PURSUIT?
EXCLUSIVE ECONOMIC ZONE
what are the 6 purposes?

SELF-EXECUTING PROVISIONS

RULE OF LAW IN THE PHILIPPINE SEAS

Sec5 NON SELF EXECUTING

Sec 12
SEC 13, ART 2
Sec 6 Self Executing
Sec 11
Promotion of welfare of workers non self executing

JUDICIAL REVIEW
Doctrine of Judicial Review
pertains to the power of the supreme court

ARCHIPELAGIC DOCTRINE

BRANCH vs. INSTRUMENTALITY

DOCTRINE OF SEPARATION OF POWERS vs. JUDICIAL

REVIEW

MARBURY VS. MADISON

Political Law Review
Notes based on Atty. Demigilios lecture

Q: Can the supreme court exercise the power of

Judicial Review
A: Yes. So long as ther is a statute
REQUISITES OF JUDICIAL REVIEW
a. Actual case or controversy
moot&academic cases
one that ceases to be a justiciable caused by
a supervening event
it must be existing at all stages of review not
only when the case is filed
b.
-

Locus Standi (Proper Party)

direct injury test

c.
d.

at the earliest possible opportunity

Lis Mota (cause of the suit)

Exceptions :
1. grave violation of court by government
2. exceptional character of situation
3. case calls for formulation of controlling
principles
4. capable of repetition
DIRECT INJURY TEST
Q: Are capital punishments entitled to parole?

LEGISLATIVE
Legislative Power
authority to make laws and to alter or repeal
them
vested in the Congress of the Philippines
which of consists of a senate and a House of
Representative to the extent allowed by the
people
Kinds of Legislative Power
1.
-

Substantive
curtail the contents of the law
i.e. no law may be passed which impairs
freedom of speech

2.
-

procedural
curtails the manner of passing laws
i.e. a bill must be approved by the president
before it becomes a law

JOURNAL
Purpose :
1. to insure publicity to the proceedings of the
legislature and a corresponding responsibility
of the members to their respective
constituents
2. to provide of what actually transpired in the
legislature
Enrolled bill

one duly introduced and finally passed by

both houses, authenticated by the proper
officers of each and approved by the
president (p.319, Nachura; p.239, Bernas)
Mabanag vs. Lopez
Astorga vs. Villegas

RECESS
Sec. 27 Electoral Tribunal
1. Proclamation
2. Oath
3. Assumption
-

the electoral tribunal is independent of the

Houses of Congress and its decisions may be
reviewed by the SC only upon showing of
grave abuse of discretion in a petition for
certiorari filed under Rule 65, ROC
Sec. 18- Commission on Appointments consent
12 Senators
12 HOR
1 SP
______
25
Sec. 19
Sec 21
-

coseteng v. mitra
guingona v. Gonzales
p. 248 bernas
3 limitations to legislative investigation
1. investigations shall be in aid of legislation
2. in accordance with its duly published rules
3. rights of persons appearing in or affected
by such inquiries shall be respected
*scope of provision of in aid of legislation
- Bengzon vs. Blue Ribbon committee (p.
251bernas)

QUESTION HOUR (p. 253, Bernas) (p. 344, Nachura)

The heads of departments may upon their
own initiative with the consent of the
President, or upon the request of either House,
as the rules of each House shall provide,
appear before and be heard by such House
on
any
matter
pertaining
to
their
departments.
Written questions shall be submitted to the
President of the Senate or the Speaker of the
House of Representatives at least 3 days
before their scheduled appearance.
Interpellations shall not be limited to written
questions, but may cover matters related
thereto.
proper to a parliamentary system where there
is noseparation between the legislative and
the executive department
Sec. 23 (p. 253, Bernas)
Sec. 24 (p. 255, Bernas)
Political Law Review
Notes based on Atty. Demigilios lecture

Define the following :

1. appropriation
2. revenue bills
3. tariff bilss
4. increase of debt
5. local application
6. private bill
Sec. 25 (p.257 bernas)
1. no increase
2. embraced
3. sam procedure
4. special appropriation
5. no transfer
6. discretionary
7. automatic reeneactment
-everything should be related to the appropriation
DAP : The supreme court case
araullo v. benigno simeon Aquino iii
gr 2009287
DAP Budget system
budget should simply be identified at the
financial plan of the government
4 phases of budget process
1.
2.
3.
4.

budget preparation executive

budget legislation legislative
budget execution executive
accountability

Q: Definition of savings
PRIORITY DEVELOPMENT ASSISTANCE FUNDS
constitutionality
what is pork barrel p. 236 (nachura_
definition
2 kinds :
1. congressional pork barrel
2. presidential pork barrel
CASE OF BELGICA
Issues p. 338 nachura
a. separation of powers
b. delegability
c. checks and balances impairment
Sec. 27
Bill -> Law
1. president signs and approves
2. congress overrides the veto of the president
3. 30 days no action of the president
?
DOCTRINE OF INAPPROPRIATE PROVISIONS
-

a
provision
that
is
constitutionally
inappropriate fro an appropriation bill may be

singled out for veto even if it is not an

appropriation or revenue item
the president may veto riders in an
appropriation bill (Gonzales vs. Macaraig)

EXECUTIVE IMPOUNDMENT
- refusal of the president to spend funds already
allocated by Congress for a specific purpose
POWER OF TAXATION
Charitable institutions, churches and
parsonages or convents appurtenant thereto,
mosques, non-profit cemeteries, and all lands,
buildings and improvements, actually, directly
and exclusively used for religious, charitable or
educational purposes shall be exempt from
taxation.
There must be proof of the actual and direct
use of the land, buildings, and improvements
for religious and charitable purposes to be
exempt from taxation.
Q: MAY CONGRESS INCREASE THE APPELLATE
JURISDICTION OF THE SUPREME COURT?
A: Yes, but only with the ADVICE and CONCURRENCE
of the Supreme Court. The purpose of this is to prevent
overburdening of the Supreme Court.

CITIZENSHIP
-
reckoning point date of birth
1935
-
-

first time of right of election

children has the right of election at the age of
majority

January 17, 1973

-
no right of election
-
fathers citizenship
When to elect :
-
within 3 years from reaching the age of
majority except when there is a justifiable
reason for the delay
What is the citizenship?

Legitimate
Illegitimate
Adopted

Father
Alien
Filipino
Alien
Filipino
Alien
Filipino

Mother
Filipino
Alien
Filipino
Alien
Filipino
Alien

Child
FILIPINO

Natural Born Citizen

Political Law Review
Notes based on Atty. Demigilios lecture

Definition
- 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 shall be deemed natural- born
citizens

-
a direction given by law
SUFFICIENCY OF STANDARD
-
intended to map out the boundaries of the
delegates authority by defining the legislative
policy and indicating the circumstances
under which it is to be pursued and effected
Q: How can the president veto the law passed thru
initiative and referendum?

NATURALIZATION
-
Judicial
-
Admin
o Special Committee
-
Loss of Citizenship
o CA 63
o CA 473

Marriage to a foreigner

Apportionment
Rules on apportionment (p.304, Nachura)

REACQUISITION
a. Naturalization
b. Repatriation
c. Direct Grant of Law
-
RA 965
-
RA 2330
-
RA 8171
Effectivity of Repatriation
-
time of repatriation and NOT at the time of
the approval of repatriation
Dual Citizenship is different from DUAL ALLEGIANCE

DUAL CITIZENSHIP
Art. 5
SUFFRAGE
-
right to vote in elections
Who may exercise
-
may be exercised by all citizens of the
Philippines not otherwise disqualified by law
-
age at least 18 years old
-
residence : shall have resided in the
Philippines for at least 1 year & in the place
wherein they propose to vote for at least 6
mos
-
Seniza vs. COMELEC
BICAMERALISM
UNICAMERALISM
SEPARATION OF POWERS
CHECKS & BALANCES
LIMITATIONS
Substantive Limitations and Procedure
Bill of Rights LIMITATION TO THE LEGISLATIVE POWER
-
why to avoid abuses and arbitrary
intervention
Non delegability
Completeness test
Policy
-
statement of objective, goals

What is a legislative district?

What is the composition of the HOR?
Candidates for HOR
-
is there a residency requirement?
Party list residency requirement?
DOMICILE OF CHOICE
SEC 6
SEC 7
SEC 8

PARTY LIST REP

20% - 50 PARTY LIST REP
2% THRESHOLD OF ALL THOSE WHO VOTE
3 SEATS

SALARIES
-
declaration of state and policies
-
determined by law
Q: How can a congressman lose his seat?
A: 4 ways :
1. voluntary resignation
2. forfeiture
3. expulsion
4. disqualification
DISQUALIFICATIONS
-
Sec.13 Art VI
1. Incompatible office
CONFLICT OF INTEREST
SESSIONS 4th Monday of July

-
1.
2.

COMMISSION ON AUDIT
Rotational system
Appointment to any vacancy shall be for the
unexpired portion of term of the predecessor
The starting point of first appointments was
February 2 and the terms of all subsequent
appointments shall start on February 2, even if
they actually assume office later than
February 2.

GENERAL FUNCTION OF COA:

Political Law Review
Notes based on Atty. Demigilios lecture

To examine the accuracy of the records kept

by accountable officers and to determine
whether expenditures have been made
inconformity with the law. It is through the
COA where people can verify whether their
money has been properly spent.

Cases:
-
Arigo vs. Swift
-
Arraullo vs. Aquino
DOCTRINE OF JUDICIAL SUPREMACY

Association of Small Landowners case

Political Questions

1.

2.

3.

4.

5.

6.

PRE-AUDIT
Audit &
examines all
forms of
government
revenues
To examine and
audit all forms of
government
expenditures
Defines scope
and techniques
and auditing
procedures
Settles
government
accounts
To promulgate
accounting and
Auditing rules
including those
for the
prevention and
disallowance of
irregular,
unnecessary,
excessive,
extravagant or
unconscionable
expenditures
To decide
administrative
cases involving
expenditures of
public funds

POST- AUDIT
Is there a law
appropriating the
funds?
2. Was there a
contract entered
to by officials in
conformity with
the law
3. Rules for goods or
services rendered
4. Payment
authorized by
officials of the
department or
bureau
*Read Guevara vs.
Gimenez
**FAGAS
F-iscal
A-utonomy
G-overnment
A-gency
S-tates
1.

illegally dismissed and say that responsibility belongs to

the official who dismissed them in bad faith?
A: NO. COA cannot say that the responsibility belongs
to the official who made the illegal dismissal when
such official has not been heard. Besides, payment of
backwages is not an irregular, unnecessary, excessive
or extravagant expense.
SCOPE FOR DISALLOWANCE ON EXPENDITURES
-
Consequence of notice of disallowance of
COA
- Becomes the personal liability of the
person who settle the disallowance
Q: Can COA file an illegal case for illegal expenditure?
A: no. Scope of COA is merely administrative in nature
Q: May public corporations under the jurisdiction of
the COA employ private auditors?
A: Yes. COAs power to examine and audit is nonexclusive. On the otherhand, COAs authority to
define the scope of its audit, promulgate auditing rules
and regulations, and disallow unnecessary
expenditures is exclusive. However, as the
constitutionally mandated auditor of all government
agencies, the COAs findings and conclusions
necessarily prevail over those of private auditors, at
least insofar as government agencies and officials are
concerned.

Q: A law was passed and denied the money claim

against the contractor. If congress passes a law
denying the money claim? What can COA do? Can it
question the constitutionality?
A: No. It is outside the scope of COA
UY vs COA:
Q: May Coa in the exercise of its auditing function
disallow the payment of backwages to employees
Political Law Review
Notes based on Atty. Demigilios lecture