CONSTITUTIONAL

LAW 1
ALAC
■ Answer
■ Legal Basis
■ Application
■ Conclusion
The Constitution of the Philippines
■ Doctrine of Constitutional Supremacy
– Fundamental, paramount and supreme law of the nation (Manila Prince Hotel v. GSIS)

■ Self-Executing vs. Non Self-executing Provision

– Non self-executing: A provision which lays down a general principle
– As a rule, those found in Art. II of the 1987 Constitution are non self-executing provisions.
– Self-executing: complete in itself and becomes operative without the aid of supplementary or
enabling legislation
– In case of doubt, Constitutional provisions are self-executing

■ The 1987 Constitution took effect on February 2, 1987

Amendment and Revision
■ Amendment: not altering the basic principle involved; generally affects only the
specific provision being amended
■ Revision: alters a basic principle in the Constitution
■ Tests:
– Quantitative Test: to change directly the 'substantial entirety' of the constitution
– Qualitative Test: whether the change will "accomplish such far reaching
changes in the nature of our basic governmental plan as to amount to a
revision."
Steps in the Amendment or Revision of the
Constitution:
1. Proposal for amendment or revision may be made by:
a. Congress as a Constituent Assembly
- Upon a vote of 3/4 of all its members.

b. Constitutional Convention
- By a 2/3 vote of all the Members of Congress; or
- By a majority vote of all its Members, Congress may submit to the electorate the question of calling
such a convention

c. People’s Initiative (Amendment ONLY)

- at least 12% of the total number of registered voters
- Every legislative district must be represented by at least 3% of the registered voters therein
- Two additional essential elements:
■ People must author and personally sign the entire proposal; and
■ Proposal must be embodied in a petition (Lambino v. COMELEC).
2. Submission of the Proposal to the People
– Doctrine of Proper Submission: Submission of piecemeal amendments is
unconstitutional. All the amendments must be submitted for ratification at one
plebiscite only. The people have to be given a proper frame of reference in arriving at
their decision (Tolentino v. COMELEC).

3. Ratification
– After submission, the proposed changes shall be valid when ratified by the
majority of the votes cast in a plebiscite, held not earlier than 60 days nor later
than 90 days:
■ After approval by Constituent Assemby or Constitutional Convention of the proposed
amendment(s) or revision; or
■ After certification by the COMELEC of the sufficiency of the petition by the people.
State
■ Elements of a State
1. People
2. Territory
3. Government
q De Jure Government: has a rightful title
q De Facto Government: no rightful title
o De facto Proper
o De facto government by Paramount force
o Independent government
4. Sovereignty
■ Effect of Belligerent Occupation:
– Political laws of the legitimate government are SUSPENDED, except the Law on Treason, unless
– Municipal Laws continue, unless changed by the belligerent occupant
■ Jus Postliminium
– Political laws of the legitimate government which are SUSPENDED shall AUTOMATICALLY become
effective at the end of belligerent occupation
– Political laws of the belligerent occupant are AUTOMATICALLY abrogated
Doctrine of State Immunity
■ The State may not be sued without its consent (CONST. Art. XVI, Sec. 3).

■ Consent to be sued:
– Express Consent: It can be given only by an act of the legislative body, in a
general or special law (Republic v. Feliciano).
– Implied Consent:
■ When the State commences litigation; Exception: When the State intervenes not for
the purpose of asking for any affirmative relief, but only for the purpose of resisting
the claim precisely because of immunity from suit
■ When the State enters into a business contract in its proprietary capacity:
■ When it would be inequitable for the State to claim immunity (Amigable v. Cuenca)

■ Suability Liability
q Rules Regarding Suits against Government Agencies
1. GOCC (whether exercising governmental/proprietary function): NOT enjoy the immunity of the State from suit
2. Govt agency
– Incorporated :
■ Incorporated under the Corporation Code: suable
■ With legislative charter: See Charter if suable; if silent, check the function
– Unincorporated:
■ Character Test:
■ Governmental Function: Not suable
■ Proprietary function: Suable
- XPN:
■ incidental to its governmental function (BOP v. BOPEA)
■ Necessary to the governmental purposes (Mobil Phils v. Customs Arrastre Service)
– LGUs:
■ GR: Suable (Charter/ LGC)
■ XPN: Not suable if its Charter says otherwise

q State Immunity of Foreign States

The doctrine of State immunity is also available to foreign States in so far as they are sought to be sued in the courts of the
local State
Application
A collision occurred involving a passenger jeepney driven by Billy, a
truck driven by Jose, and a dump truck of the Municipality of X driven
by Alfred. Several passengers of the jeepney suffered varying degrees
of physical injuries. A complaint for damages against Municipality X
and Alfred was filed. Municipality X raised the affirmative defense of
non-suability of the State. The charter of Municipality X grants the
latter the power to sue and be sued. Is that considered a waiver to the
non- suability of Municipality X?
Answer:
■ Yes, the power granted under the charter of Municipality X to sue and be
sued is a waiver of from its immunity from suit. The doctrine of non-suability
of the State is expressly provided for in Art. XVI, Sec. 3 of the Constitution, to
wit: "the State may not be sued without its consent." Municipal corporations,
like provinces and cities, are agencies of the State when they are engaged in
governmental functions and therefore should enjoy the sovereign immunity
from suit. Nevertheless, they are subject to suit even in the performance of
such functions because their charter provided that they can sue and be
sued. Here, the charter of Municipality X grants the latter the power to sue
and be sued. Hence, Municipality X may be sued because the express
provision in its charter is considered as a waiver of its non-suability from suit.
(Municipality of San Fernando v. Firme).
Article II – Fundamental Principles And
State Policies
■ The nature of the Philippine State: The Philippines is a democratic and republican
state. Sovereignty resides in the people and all government authority emanates from
them (CONST., Art. II, Sec. 1).
■ How international law can become part of the sphere of domestic law?
1. Doctrine of Incorporation: by mere constitutional declaration
2. Doctrine of Transformation: must be transformed into a domestic law through
a constitutional mechanism such as local legislation
■ Separation of Church and State: The separation of Church and State shall be
inviolable (CONST. Art. II, Sec. 6).
■ Constitutional right to a balanced and healthful ecology
■ Local Autonomy: The State shall ensure the autonomy of local governments (CONST.
Art. II, Sec. 25).
■ ”Decentralization” - not make the local governments sovereign within the state or
an “imperium in imperio”
■ Kinds of Decentralization:
– Decentralization of Power – an abdication of political power in favor of an LGU
declared to be autonomous
– Decentralization of Administration – the central government merely delegates
administrative powers to political subdivisions (Limbona v. Mangelin).
■ The policy of the State on disclosure of matters of public interest: 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 (CONST., Art. II,
Sec. 28).
Separation of Powers
■ Constitutional demarcation of the three fundamental powers of government
– Legislative branch of government: the power to make laws;
– Executive branch of government: the power to enforce laws; and
– Judicial branch of government: the power to interpret laws.

■ Principle of Blending of Powers: When powers are not confined exclusively within
one department but are assigned to or shared by several departments.

■ Checks and Balances: Allows one department to resist encroachments upon its
prerogatives or to rectify mistakes or excesses committed by the other departments.
Delegation of Powers
■ Power delegated cannot further be delegated.
■ There is permissible delegation in the following cases: (PETAL)
– Delegation to the People at large
– Emergency Powers of the President
– Tariff Powers of the President
– Delegation to Administrative Bodies (power of subordinate legislation)
– Delegation to Local Government Units.

■ The tests for valid delegation are:

– Completeness test – The law must be complete in all its essential terms and conditions when
it leaves the legislature so that there will be nothing left for the delegate to do when it
reaches him except to enforce it; and
– Sufficient standard test – to be sufficient, the standard must specify the limits of the
delegate’s authority and identity the conditions under which the legislative policy so
announced is to be implemented (Abakada Guro Partylist v. Purisima).
Legislative Department
■ Section 1. The legislative power shall be vested in the Congress of the Philippines
which shall consist of a Senate and a House of Representatives, except to the extent
reserved to the people by the provision on initiative and referendum.
– Senate: 24 Senators; Term of 6 years; No Senator shall serve for more than 2
consecutive terms.
– House of Representatives: not more than 250 members; term of 3 years; No
Member of the HoR shall serve for more than 3 consecutive terms.
■ District representatives
■ Party-list representatives
■ Immunities granted to members of Congress
1. Privilege from arrest – all offenses punishable by not more than 6 years
imprisonment, a Senator or a member of the House shall be privileged from arrest
while the Congress is in session (CONST., Art. VI, Sec. 11).
2. Parliamentary privilege of speech – They shall not be questioned nor be held liable
in any other place for any speech or debate made in the Congress or in any
committee thereof.
– Note: However, he can be subjected to disciplinary action by the Congress itself
(Chavez v. JBC).
Application:
During the Senate hearing regarding the overpriced Makati City Hall II
Parking Building, some references were made on a 350-hectare
estate in Batangas also referred to as Hacienda Pinay, supposedly
owned by XX. During media interviews in between the hearings and in
response to media’s request for him to comment on the matter,
Senator YY expressed his opinion that XX appears to be a “nominee”
or “front” or acting as “dummy” of the actual beneficial owner, former
Vice President Pinay.
XX sued for damages against Senator YY’s defamatory and libelous
statements. May Senator YY invoke parliamentary immunity?
Answer:
No, Senator YY cannot invoke parliamentary immunity. The privilege of speech
or debate under Sec. 11, Art. VI of the Constitution covers speech delivered in
Senate or any of its committees, spoken in the course of any debate in said
fora, or made in the official discharge or performance of duties as a Senator.
The statement must be part of or integral to legislative process. Here, the
statements were made during the breaks and gaps of the hearing, not delivered
in Senate committees not spoken during a debate therein. They were also not
made in the official discharge of duties as a Senator. To participate in or
respond to media interviews is not demanded by his sworn duty nor is it a
component of the process of enacting laws. Hence, Senator YY therefore cannot
invoke parliamentary immunity (Trillanes IV vs. Hon. Castillo-Marigomen, G.R.
No. 223451, March 14, 2018).
Prohibitions imposed upon Members of
Congress
1. Incompatible Office – No Member of Congress may hold any other office or employment in the Government, or any subdivision,
agency, or instrumentality thereof, including GOCCs or their subsidiaries during his term without forfeiting his seat (CONST., Art.
VI, Sec. 13); and
Exception: Said other office or employment is an extension of their legislative position, is in aid of legislative duties, or is held by
them in an ex officio capacity.
2. Forbidden Office – Neither shall he be appointed to any office which may have been created or whose emoluments had been
increased during the term for which he was elected (CONST., Art. VI, Sec. 13).

■ Parliamentary prohibitions imposed upon Members of Congress?

The Senators and Members of HOR shall :
1. Not Personally appear as counsel before any court of justice, or before the Electoral Tribunals, or quasi-judicial and other
administrative bodies.
2. Not 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 GOCC, or its subsidiary, during his term; and
3. 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 (CONST., Art. VI, Sec. 14).
The Electoral Tribunals
■ Composition of the Electoral Tribunals: Each Electoral Tribunal shall be composed of nine
(9) Members, three (3) of whom shall be Justices of the Supreme Court to be designated
by the Chief Justice, and the remaining six (6) shall be Members of the Senate or the
House of Representatives, as the case may be, who shall be chosen on the basis of
proportional representation from the political parties and the parties or organizations
registered under the party-list system represented therein. The senior Justice in the
Electoral Tribunal shall be its Chairman (CONST., Art. VI, Sec. 17).
■ Function of electoral tribunals: The Electoral Tribunal acts as the sole judge of all
contests relating to the election, returns, and qualifications of the respective members of
each House (CONST., Art. VI, Sec. 17).
■ Requisites for the Exercise of Jurisdiction
Once a winning candidate has been: (POA)
1. Proclaimed;
2. Taken his Oath; and
3. Assumed office as a Member of the [Congress] (Vinzons-Chato v. COMELEC).
Commission on Appointments
■ Composition of the Commission on Appointments (CA): There shall be a CA consisting of
the President of the Senate, as ex officio Chairman, 12 Senators, and 12 Members of
the House of Representatives, elected by each House on the basis of proportional
representation from the political parties and parties or organizations registered under
the party-list system represented therein (CONST., Art. VI, Sec. 18).

■ Function of the CA: The CA acts as a legislative check on the appointing authority of the
President. It shall act on all appointments submitted to it within 30 session days of the
Congress from their submission (CONST., Art. VI, Sec. 18).

■ Procedure for appointments that need the confirmation of the CA:

1. Nomination by the President;
2. Confirmation by the Commission on Appointments;
3. Issuance of commission; and
4. Acceptance by the appointee (Lacson v. Romero).
Legislative Inquiry and Oversight Function
Sec. 21 Sec.22
(Right to conduct inquiry in aid of legislation) (Oversight function of Congress)
As to who may appear
Any person Only an executive department head
As to who conducts investigation
Committees Entire body
As to subject matter
Any matter for the purpose of legislation Matters related to the department only
As to purpose
Congress has the power to conduct inquiries in aid Congress has the power to question executive department
of legislation the aim of which is to elicit information heads, the objective of which is to obtain information in
that may be used for legislation pursuit of Congress’ oversight functions
As to attendance
Attendance is compulsory Attendance is discretionary hence it is valid for the
President to require that consent be obtained first before
subordinates appear in Congress during the question hour
Congress can compel the attendance of executive Congress cannot request the appearance of executive
officials subject to the proper application of officials if the required consent of the President is not
executive privilege. obtained first, or if no such consent is given
Appropriation and Re-alignment
■ Power of appropriation: The power of appropriation, called the “power of the purse,” belongs to Congress,
subject only to the veto power of the President. It carries with it the power to specify the project or activity to be
funded under the appropriation law (PH Constitution Association v. Enriquez).
■ Two (2) classifications of Appropriation Laws:
– General appropriation law – passed annually, intended for the financial operations of the entire
government during one fiscal period; and
– Special appropriation law – designed for a specific purpose.
■ Doctrine of augmentation:: 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 (CONST., Art. VI, Sec. 25(5));
■ Prohibited Cross-Border Augmentations : Funds appropriated for one office are prohibited from crossing over to
another office even in the guise of augmentation of a deficient item or items. (Araullo v. Aquino III).
q Legislative Process
■ Process of enacting laws.
1. First reading
2. Second reading
3. Third reading
4. Conference Committee reports
5. Authentication of bills
6. President’s approval or veto
7. Reversal of veto

■ Purpose Of The One-subject One-bill Rule. Article VI, Sec. 26(1): "Every bill passed by the Congress shall
embrace only one subject which shall be expressed in the title thereof."
(1) to prevent hodge-podge or "log-rolling" legislation;
(2) to prevent surprise or fraud upon the legislature by means of provisions in bills of which the title gives no
intimation, and which might therefore be overlooked and carelessly and unintentionally adopted; and
(3) to fairly apprise the people, through such publication of legislative proceedings as is usually made, of the
subject of legislation that is being considered, in order that they may have opportunity of being heard
thereon, by petition or otherwise, if they shall so desire.
Executive Department
■ EXECUTIVE POWER: It is the power to enforce and administer the laws. The executive
power is vested in the President of the Philippines (CONST., Art. VII, Sec. 1).
■ The President shall NOT be eligible for any re- election. No person who has
succeeded as President and has served as such for more than 4 years shall be
qualified for election to the same office at any time (CONST. Art. VII, Sec. 4, par. (1)).
■ No Vice-President shall serve for more than 2 consecutive terms (CONST. Art. VII,
Sec. 4, par. (2)).

■ Supreme Court as the Presidential Electoral Tribunal (PET)

q PRIVILEGES, INHIBITIONS AND DISQUALIFICATIONS
■ Privileges afforded to the President and Vice-President:
The following are their privileges:
1. Official residence for the President; and
2. Salaries of the President and Vice-President are determined by law and not to be decreased during his tenure
3. Presidential immunity from suit during his tenure
4. Executive privilege
■ President’s immunity from suit: The President, during his tenure of office or actual incumbency, may not be sued in any
civil or criminal case. The President, like the judges of the courts and the members of the Legislature, may not be
personally mulcted in civil damages for the consequences of an act executed in the performance of his official duties.
– Duration of Presidential Immunity: After his tenure, the Chief Executive cannot invoke immunity from suit for civil
damages arising out of acts done by him while he was President which were not performed in the exercise of
official duties (Estrada v. Desierto).
■ Executive Privilege
It is the right of the President and high-level executive officials to withhold information from Congress, the Courts, and
ultimately, the public.
– Requisites for the Executive Privilege to be Validly Claimed by the President: (QPC)
a. The communications relate to the power to enter into an executive agreement with other countries which is a
Quintessential and non- delegable power of the President;
b. The communication was received by a member of the Cabinet which through Proximity test is covered by the
executive privilege; and
c. No adequate showing of a Compelling need that would justify the limitation of the privilege and of the unavailability
of the information elsewhere by an appropriate investigating authority (Neri v. Senate).
■ Inhibitions and disqualifications:
The following are the inhibitions and disqualifications under the law: (SEOP-CS)
1. No increase in Salaries during their tenure (CONST., Art.VII, Sec. 6);
2. Shall not receive any other Emoluments from the government or any other source (Art.
VII, Sec. 6);
3. Shall not hold any other Office or employment, unless otherwise provided in the
Constitution (Art. VII, Sec. 13);
4. Shall not, 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 GOCCs or their subsidiaries (Art. VII, Sec. 13);
5. Strictly avoid Conflict of interest in the conduct of their office (Art. VII, Sec. 13); and
6. May not appoint Spouse or relatives by consanguinity or affinity within the 4th civil
degree as Members of Constitutional Commissions, or the Office of the Ombudsman, or
as Secretaries, undersecretaries, chairmen or heads of bureaus or offices, including
GOCCs and their subsidiaries (Art. VII, Sec. 13).
Powers of the President
1. Power of Appointment
Appointment: An appointment is the selection, by the authority vested with the power to do
so, of an individual who will be tasked to exercise the functions of a given office. It differs
from a designation in that the latter simply means the imposition of additional duties,
usually by law, on a person already in the public service. It is also different from a
commission, which refers to the written evidence of the appointment.

■ Kinds of presidential appointments:

The following are the kinds of presidential appointments:
1. Regular presidential appointments, with or without confirmation by the Commission on
Appointments, including “recess” or “ad interim” appointments (Art. VII, Sec. 16).
2. Appointments made by an Acting President (Art. VII, Sec. 14);
3. Midnight appointments - appointment made by a President within 2 months before the
next presidential elections and up to the end of his term (Art VII, Sec. 15).
■ Ad interim: An ad interim appointment is a permanent appointment because it takes effect immediately
and can no longer be withdrawn by the President once the appointee has qualified into office.

■ Termination of Ad Interim Appointments:

1. Disapproval of the appointment by the CA; or
2. Adjournment by the Congress without the CA acting on the appointment

Ad Interim
Regular Appointment
Appointment

As to Nature

It is an appointment made by the President while Congress is It is an appointment made by the President while Congress is
NOT in session or during recess. in session.

As to Confirmation

Made before confirmation of CA Made after nomination is confirmed by the CA

As to Effectivity

It shall cease to be valid if disapproved by the CA or upon next Once confirmed by the CA, it continues until the end of the
adjournment of the Congress. term of the appointee.
■ Presidential appointments require confirmation by the Commission on Appointments, under the
Constitution
The President shall nominate and, with the consent of the Commission on Appointments,
appoint:
1. Heads of executive departments (CONST., Art. VII, Sec.16); Exception: Appointment of Vice-
President as member of the Cabinet requires no confirmation (CONST. Art. VII, Sec. 3, par. (2));
2. Ambassadors and other public ministers and consuls (CONST., Art. VII, Sec.16);
3. Officers of the AFP from the rank of colonel or naval captain;
4. Officers whose appointments are vested in him by the Constitution:
a. Regular members of the Judicial and Bar Council (CONST., Art. VIII, Sec. 8, par. (2));
b. Chairmen and members of the Constitutional Commissions (CONST., Art. IX-B, Sec.1, par.
(2)); and
c. Sectoral representatives during the three-consecutive terms after the ratification of the
Constitution (CONST., Art. VI, Sec. 5(2); CONST., Art. XVIII, Sec. 7).

■ Appointing Procedure for those that Need CA Confirmation: (No-CIA)

1. Nomination by the President;
2. Confirmation by the Commission on Appointments;
3. Issuance of commission; and
4. Acceptance by the appointee
2. Power of Removal
The general rule is that from the express power of appointment, the President derives
the implied power of removal. Exceptions to this rule are those appointed by him where
the Constitution prescribes certain methods for separation from public service.

■ The President has no disciplinary authority over a Deputy Ombudsman:

To subject the Deputy Ombudsman to discipline and removal by the President, whose
own alter egos and officials in the Executive Department are subject to the
Ombudsman’s disciplinary authority, cannot but seriously place at risk the
independence of the Office of the Ombudsman itself. By so doing, the law directly
collided not only with the independence that the Constitution guarantees to the Office
of the Ombudsman, but inevitably with the principle of checks and balances that the
creation of an Ombudsman office seeks to revitalize (Gonzales v. Office of the
President, 2014).
3. Executive Departments and Offices
■ The President exercises power of control over the executive departments and offices: The President
shall have control of all executive departments, bureaus, and offices (CONST., Art. VII, Sec. 17). This
includes restructuring, reconfiguring, and appointments of their respective officials. He shall
ensure that the laws be faithfully executed (ADMINISTRATIVE CODE) Book III, Title 1, Chapter 1,
Sec. 1).

■ Doctrine of Qualified Political Agency or Alter Ego Principle: It declares that, save in matters on
which the Constitution or the circumstances require the President to act personally, executive and
administrative functions are exercised through executive departments headed by cabinet
secretaries, whose acts are presumptively the acts of the President unless disapproved by the
latter (Hontiveros-Baraquel v. Toll Regulatory Board).

■ Take Care Power: The President’s power to conduct investigations to aid him in ensuring the faithful
execution of laws – in this case, fundamental laws on public accountability and transparency – is
inherent in the President’s powers as the Chief Executive. That the authority of the President to
conduct investigations and to create bodies to execute this power is not explicitly mentioned in the
Constitution or in statutes does not mean that he is bereft of such authority.
3. Military Powers

■ The military powers vested on the President: The President is the Commander-in-Chief of all armed forces
of the Philippines, and whenever it becomes necessary, he may call out the Armed Forces to prevent or
suppress lawless violence, invasion, or rebellion. In case of invasion or rebellion, when the public safety
requires it, he may, for a period not exceeding 60 days, suspend the writ of habeas corpus or place the
Philippines or any part thereof under martial law. (CONST., Art. VII, Sec. 18).

a. Calling out power

■ Calling out power of the President: The President, as commander-in-chief of all the armed forces of the
Philippines may call out the armed forces to suppress lawless violence, invasion, or rebellion, whenever it
shall be necessary. It is limited however to ordinary police action necessary to maintain public order (IBP
v. Zamora).
■ The conditions of “actual invasion or rebellion” and “public safety requires it” need not concur before the
President may exercise its “calling out power”. The only criterion is that “whenever it becomes necessary,”
the President may call the armed forces “to prevent or suppress lawless violence, invasion, or rebellion”
(SANLAKAS v. Exeutive Secretary)
■ Principle of command responsibility: Command responsibility pertains to the “responsibility of
commanders for crimes committed by subordinate members of the armed forces or other persons subject
to their control in international wars or domestic conflict.” The president, being the commander-in-chief of
all armed forces, necessarily possesses control over the military that qualifies him as a superior within
the purview of the command responsibility doctrine (Rodriguez v. Arroyo).
b. Declaration of martial law and c. suspension of the privilege of the writ of habeas corpus
■ Grounds for suspension: invasion or rebellion AND when public safety requires it (CONST. Art. VII, Sec. 18, par. (1)).

■ The Congress has the power to extend the martial law and the suspension of the privilege of the writ of habeas corpus as the
Constitution does not limit the period for which it can extend the same (Lagman v. Medialdea, 2019).

■ Limitations on the exercise of congressional authority to extend martial law: The only limitations to the exercise of congressional
authority to extend such proclamation or suspension:
1. The extension should be upon the President's initiative;
2. It should be grounded on the persistence of the invasion or rebellion and the demands of public safety; and
3. It is subject to the Court's review of the sufficiency of its factual basis upon the petition of any citizen (Lagman v. Medialdea).

■ Effects of Suspension of Privilege of the Writ:

1. Suspends the issuance of the writ of habeas corpus which is the remedy against illegal arrests and detention (Art. VII, Sec. 18).
2. The Proclamation however does not affect the right to post bail (Art. III, Sec. 13);
3. Suspension of the privilege of the writ applies only to persons facing charges of rebellion or offenses inherent in or directly
connected with invasion (Art. VII, Sec. 18, par. (5));
4. Persons arrested must be charged within three (3) days; if not, they must be released (Art. VII, Sec.18, par. (6)); and
5. Proclamation does not supersede civilian authority (Art. VII, Sec.18, par. (4)).

■ Ways to Lift the Proclamation or Suspension: (LORN)

i. Lifting by the President himself;
ii. By Operation of law after 60 days;
iii. Revocation by Congress; and
iv. Nullification by the Supreme Court (CONST. Art. VII, Sec. 18)
4. Pardoning Power/Power of Executive Clemency
■ Forms: (RC-PAR)
– Reprieves- postponement of sentence to a date certain, or stay of execution;
– Commutations- reduction or mitigation of the penalty;
– Pardons - an act of grace which exempts an individual on whom it is bestowed from
punishment which the law inflicts for a crime he has committed;
– Amnesty- Amnesty is an act of grace by the President, concurred with by the Legislature,
usually extended to classes of persons or communities who may be guilty of political
offenses, generally before or after the institution of the criminal prosecution and sometimes
after conviction; and
– Remission of fines and forfeitures - merely prevents the collection of fines or the confiscation
of forfeited property(CONST. Art. VII, Sec. 19).
■ Classifications of pardon: Pardon may be classified as follows:
1. Conditional pardon – in the nature of a contract between the Chief Executive and the convicted
criminal; by the pardonee’s consent to the terms stipulated in the contract, the pardonee has placed
himself under the supervision of the Chief Executive or his delegate who is duty bound to see to it that
the pardonee complies with the conditions of the pardon (Torres v. Gonzales); or
2. Absolute pardon – pardon is absolute if it is not only unconditional, it is also unrestricted in scope,
complete and plenary in character (Risos-Vidal v. COMELEC).
 Amnesty Pardon
As to Extent
Political offenses Infraction of peace/ common crimes
As to Coverage
Granted to classes of persons Granted to individuals
As to Approval of Congress
Requires concurrence of Congress Does not require concurrence of Congress
As to Nature
Public act which courts may take judicial notice Private act which must be pleaded and proved
As to Effectivity
Looks backward and puts into oblivion the offense itself Looks forward and relieves the pardonee of the consequence
of the offense
As to Limitation
May be granted even before trial Can be granted only after conviction
As to As to acceptance of the grantee
No need for distinct acts of acceptance Acceptance is necessary
5. Powers Pertinent to Foreign Relations
The President is the sole organ of the nation in its external relations, and its sole representative with foreign nations (Neri v. Senate).

The foreign affairs powers granted to the President?: The following foreign affairs powers are also vested to the President:
■ The power to make treaties (CONST., Art. VII, Sec. 21);
■ The power to appoint ambassadors, other public ministers, and consuls (CONST., Art. VII, Sec. 16); and
■ The power to receive ambassadors and other public ministers duly accredited to the Philippines.
■ Deportation power (Tan Tong v. Deportation Board).

■ Differences between a treaty and an executive agreement?

■ A treaty as "an international agreement concluded between states in written form and governed by international law, whether
embodied in a single instrument or in two or more related instruments and whatever its particular designation"
■ An executive agreement is similar to a treaty, except that the former does not require legislative concurrence, is usually less
formal, and deals with a narrower range of subject matters (Bayan Muna v. Romulo).

6. Residual power
The President, upon whom executive power is vested, has unstated residual powers which are implied from the grant of executive power
and which are necessary for her to comply with her duties under the Constitution. The powers of the President are not limited to what
are expressly enumerated in the article on the Executive Department and in scattered provisions of the Constitution (Marcos v.
Manglapus).
- The President is not only clothed with extraordinary powers in times of emergency, but is also tasked with attending to the day-to-day
problems of maintaining peace and order and ensuring domestic tranquillity in times when no foreign foe appears on the horizon. Wide
discretion, within the bounds of law, in fulfilling presidential duties in times of peace is not in any way diminished by the relative want of
an emergency specified in the commander-in-chief provision (Marcos v. Manglapus).
Rules of Succession:
■ President
– When the vacancy occurs at the start of the term (CONST. Art. VII, Sec. 7)
When the vacancy occurs at the start of the term

Situation Effect

President-elect dies or is permanently disabled VP-elect becomes president

VP-elect shall act as president until President-elect becomes

President-elect fails to qualify
President-elect has not been chosen
Both the President and VP either (1) have not
qualified; (2) have not been chosen; (3) have died;
or (4) shall have been permanently disabled.
When all the officials mentioned in the preceding
situation dies or becomes permanently
incapacitated, or are unable to assume office
qualified
VP-elect shall act as president until a President is chosen and
qualifies
The Senate President, and if unable, the Speaker, acts as
President until a President or a VP shall have been elected,
chosen, and qualified. If neither the Senate President or Speaker
is able, the Congress shall provide the law for succession.
Congress will decide by law who will act as President until a
President or Vice President shall have been elected and qualified
 – When the vacancy occurs in mid-term (CONST. Art. VII, Sec. 8).

When the vacancy occurs in mid-term

Situation Effect
The President (1) dies, (2) becomes permanently VP becomes president to serve the unexpired term
disabled, (3) resigns from office, (4) is removed
from office, (5) or is otherwise permanently unable Note: The vacancy thus created is permanent
to discharge his duties.

BOTH the President and VP (1) dies, (2) becomes
permanently disabled, (3) resign from office, (4)
are removed from office, (5) or are otherwise
permanently unable to discharge their duties.
Acting President dies, becomes permanently
disabled, removed from office or resigned
Senate President or the Speaker – in that order – shalas President until the
President or Vice-President shall have been elected and qualified
Note: When the Senate President or Speaker becomes Acting President, he does not
lose the Senate presidency or speakership.
Congress will determine by law who will act as President until a new President or Vice
President shall have qualified

■ Vice-President: If a vacancy occurs in the position of VP, the President shall nominate a Vice-President from
among the members of the Senate or the HOR, who shall then assume office upon confirmation by a majority
vote of all the members of both Houses of the Congress, voting separately (CONST. Art. VII, Sec. 9).
Application:
President XX and Vice President YY were elected in 2016. In 2018, President XX
was removed from office through impeachment for culpable violation of the
Constitution. Thereafter, Vice President YY succeeded him. In 2021, incumbent
President YY announced her intention to run for presidency in the May 2022
elections. The following day, former President XX declared on national television
his intention to run against incumbent President YY. Manila City Mayor ZZ, who
also announced on Facebook Live his intention to run against both the
incumbent and former presidents, questioned the constitutionality of incumbent
President YY’s and former President XX’s re-election. May incumbent President
YY and former President XX be re-elected?
Answer:
Incumbent President YY may be re-elected. Under par. 1, Sec. 4, of Art. VII of the
Constitution, no person who has succeeded as President and has served as such for
more than 4 years shall be qualified for election to the same office at any time. Here,
President YY only served for a period of 4 years. Hence, she may be re- elected.

Former President XX cannot be re-elected. Under par. 1, Sec. 4, of Art. VII of the
Constitution, the President shall NOT be eligible for any re-election. Here, after having
served as President from 2016 to 2018, former President XX cannot anymore be re-
elected.
Judicial Department
A. JUDICIAL POWER
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 on the part of any branch or instrumentality of the Government (CONST., Art. VIII, Sec. 1(2)).
■ Supreme Court is collegial in nature.

■ Judicial Interpretation: udicial decisions applying or interpreting the laws or the Constitution shall form a
part of the legal system of the Philippines (CIVIL CODE, Art. 8).
– Judicial interpretation becomes a part of the law as of the date that law was originally passed,
subject only to the qualification that when a doctrine of this Court is overruled and a different view
is adopted, and more so when there is a reversal thereof, the new doctrine should be applied
prospectively and should not apply to parties who relied on the old doctrine and acted in good faith
(Philippine International Trading Corp. v. Commission on Audit).

■ Doctrine of Stare Decisis: The decision becomes a judicial precedent to be followed in subsequent cases
by all courts in the land. It is based on the principle that once a question of law has been examined and
decided, it should be deemed settled and closed to further argument (Umali v. JBC).
B. JUDICIAL REVIEW

■ Requisites (ASEL)
1. There must be an Actual case or controversy calling for the exercise of judicial power;
2. The person challenging the act must have the Standing to question the validity of the subject act or issuance; otherwise stated, he must have a
personal and substantial interest in the case such that he has sustained, or will sustain, direct injury as a result of its enforcement;
3. The question of constitutionality must be raised at the Earliest opportunity; and
4. The issue of constitutionality must be the very Lis mota of the case (Biraogo v. Philippine Truth Commission).

■ Actual case or controversy: involves a conflict of legal rights, an assertion of opposite legal claims, susceptible of judicial resolution as
distinguished from a hypothetical or abstract difference or dispute.

■ Summary of Rules on the Liberal Approach on Locus Standi:

– For taxpayers, there must be claim of illegal disbursement of public funds or that the tax measure is unconstitutional.
– For voters, there must be showing of obvious interest in the validity of the election law in question.
– For concerned citizens, there must be showing that the issues raised are of transcendental importance which must be settled.
– For legislators, there must be a claim that the official action complained of infringes their prerogatives as legislators.
– Government of the Philippines is a proper party to question the validity of its own laws

■ General Rule: The earliest opportunity to raise a constitutional issue is to raise it in the pleadings before a competent court that can resolve
the same
■ Exceptions:
1. Criminal cases – At any time at the discretion of the court;
2. Civil cases – at any stage of the proceedings if necessary for the determination of the case itself; or
3. In every case (except where there is estoppel) – at any stage if it involves the jurisdiction of the court (People v. Vera

■ Lis mota literally means “the cause of the suit or action”.

Moot Questions

A moot and academic 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 (Deutsche Bank AG v. CA). The moot and academic principle however is not a magical
formula that can automatically dissuade the courts from resolving a case. Courts will decide cases, otherwise moot and academic, if:
(GEC-R)

1. There is a Grave violation of the Constitution;

2. There is an Exceptional character of the situation and the paramount public interest is involved;

3. The constitutional issue raised requires formation of Controlling principles to guide the bench, the bar, and the public; or
4. The case is capable of Repetition yet evading review (Navarro v. Executive Secretary Ermita).

– There are two (2) factors to be considered before a case is deemed one capable of repetition yet evading review:
i. The challenged action is in its duration too short to be fully litigated prior to its cessation or expiration; and

ii. There is a reasonable expectation that the same complaining party would be subjected to the same action (Philippine
Association of Detective and Protective Agency Operators v. COMELEC).

■ Operative Fact Doctrine: Under the operative fact doctrine, while a law is recognized as unconstitutional, its effects, prior to its
declaration of nullity, may be left undisturbed as a matter of equity and fair play. In fact, the invocation of the operative fact
doctrine is an admission that the law is unconstitutional (League of Cities of the Philippines v. COMELEC).
D. Qualifications Of Members Of The Judiciary

SC and other
Qualification Lower Collegiate Courts Lower
Courts
Citizenship Natural Born Citizen Citizen of the Philippines
Age 40 y.o. RTC: 35 y.o.
(at least) MTC: 30 y.o.
Experience 15 years or more as a judge of a lower court or Practice of law in the Philippines or has held a
engaged in the practice of law in the public office in the Philippines requiring admission
Philippines for the same period to the practice of law as an indispensable requisite
for at least:
RTC: 10 years
MTC: 5 years
Character A person of proven competence, integrity, probity, and independence.
■ Appointments to the Judiciary are made through the following:
1. The President appoints from among a list of at least 3 nominees prepared by the Judicial and Bar Council for every
vacancy; or
2. For lower courts, President shall issue the appointment 90 days from submission of the list (CONST., Art. VIII, Sec. 9.).

■ Tenure of Justices and Judges:

– Supreme Court – holds office during good behavior until they reach 70 years of age or become incapacitated to
discharge their duties (CONST. Art. VIII, Sec. 11). May be removed only through impeachment (CONST. Art. XI,
Sec. 2).
– Lower Courts – holds office during good behavior until they reach 70 years of age or become incapacitated to
discharge their duties (CONST. Art. VIII, Sec. 11).

■ The Ouster of Chief Justice Sereno

■ By a vote of 8-6, the SC on May 11, 2018 voted to grant the Petition for Quo Warranto against former Chief Justice Maria
Lourdes P.A. Sereno, holding that the language of Section 2, Article XI of the Constitution does not foreclose a quo
warranto action against impeachable officers. The provision uses the permissive term “may” which, in statutory
construction, denotes discretion and cannot be construed as having mandatory effect (Republic v. Sereno, G.R. No.
237428, May 11, 2018).

■ Salaries, Security of Tenure, Non-Judicial Assignment

■ The salary of the Chief Justice and of the Associate Justices of the SC, and of judges of lower court shall be fixed by law.
During their continuance in office, their salary shall not be decreased (CONST. Art. VIII, Sec. 10).
Judicial and Bar Council
■ Composition of the Judicial and Bar Council (JBC):
– The JBC is composed of the following:
1. Chief Justice as ex officio Chairman;
2. Secretary of Justice as ex officio member;
3. Representative of the Congress as ex officio member;
4. Representative of the Integrated Bar;
5. Professor of law;
6. Retired Member of the Supreme Court; and
7. Representative of the private sector (CONST., Art VIII, Sec. 8, par. (1)).

■ The regular members of the Council shall be appointed by the President with the consent of the
Commission of Appointments (CONST., Art. VIII, Sec. 8(2)).
■ The Council shall have the principal function of recommending appointees to the judiciary. It shall also
recommend appointees to the Office of the Ombudsman and his five (5) deputies (CONST., Art. XI, Sec.
9).

■ Positions that require the screening and nomination by the JBC: The positions that require the screening
and nomination by the JBC are the Justices of the Supreme Court, Court of Appeals, Court of Tax Appeals,
and the Sandiganbayan, the judges of the lower courts (CONST., Art. VIII, Sec. 9) and the Ombudsman
and his deputies (CONST., Art. XI, Sec. 9).
Constitutional Commissions
■ The independent constitutional commissions under the law: The following are the independent constitutional commissions:
1. Civil Service Commission (CSC);
2. Commission on Elections (COMELEC); and
3. Commission on Audit (COA) (CONST., Art. IX-A, Sec. 1).

■ The prohibitions and inhibitions imposed upon members of a Constitutional Commission: No member of a Constitutional Commission shall, during his
tenure:
– Hold any other office or employment;
– Engage in the practice of any profession;
– Engage in the active management or control of any business, which in any way, may be affected by the functions of his office;
– Be financially interested, directly or indirectly, in any contract, with, or in any franchise or privilege granted by the Government, any of its
subdivisions, agencies, or instrumentalities, including GOCCs or their subsidiaries (CONST., Art. IX-A, Sec. 2)

q Appointment: Appointed by the President with the consent of the Commission on Appointments (CONST. Article IX-B, Sec. 1, par. (2))
– Term: 7 years without reappointment.
– Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any member be appointed or designated
in a temporary or acting capacity (CONST. Article IX-B, Sec. 1, par. (2))
– :
The concept of “no re-appointment” in the Constitutional Commission The prohibition on reappointment is common to the three constitutional
commissions. The framers of the present Constitution prohibited reappointments for two reasons. The first is to prevent a second appointment
for those who have been appointed and confirmed even if they served for less than seven years. The second is to insure that the members of
the three constitutional commissions do not serve beyond the fixed term of 7 years.

■ The scope of the grant of fiscal autonomy on Constitutional Commissions: The Constitutional Commissions are entitled to automatic and regular release
of funds (CONST., Art. IX-A, Sec. 5). The “no report, no release” policy of the Commission on Audit may not be validly enforced against offices vested with
fiscal autonomy for whom appropriations must be automatically released (CSCv. DBM, G.R. No. 158971, July 22, 2005)
Composition and Qualifications Of Members

■ CSC:

o The civil service shall be administered by the CSC composed of a Chairman and 2 Commissioners who shall be: (N35-CaCa)
– Natural-born citizens of the Philippines;
– At least thirty-five (35) years of age, at the time of their appointment;
– With proven Capacity for public administration; and
– Must not have been Candidates for any elective position in the elections immediately preceding their appointment (CONST., Art. IX-B, Sec. 1).

■ COMELEC:

o There shall be a Commission of Elections composed of a Chairman and 6 Commissioners who shall be: (N35-CoCa)
– Natural-born citizens of the Philippines
– At least thirty-five (35) years of age, at the time of their appointment;
– Holders of a College degree; and
– Must not have been Candidates for any elective position in the immediately preceding elections.

Ø Note: A majority of the COMELEC, including the Chairman, shall be Members of the Philippine Bar who have been engaged in the practice of law for at
least 10 years (CONST., Art. IX-C, Sec. 1).

■ COA:

o There shall be a Commission on Audit composed of a Chairman and two (2) Commissioners, who shall be: (N35-CPA-B10-C)
– Natural-born citizens of the Philippines;
– At least thirty-five years (35) of age at the time of their appointment;
– Certified Public Accountants with not less than ten years of auditing experience, or members of the Philippine Bar who have been engaged in
the practice of law for at least ten (10) years; and
– Must not have been Candidates for any elective position in the elections immediately preceding their appointment.

Ø Note: At no time shall all Members of the Commission belong to the same profession (CONST., Art. IX-D, Sec. 1).
■ POWERS AND FUNCTIONS OF THE CSC, COMELEC, and COA
q CSC:
– The functions of the CSC as the central personnel agency of the Government are
the following:
1. To establish a career service;
2. To adopt measures to promote morale, efficiency, integrity, responsiveness,
progressiveness and courtesy in the Civil Service;
3. To strengthen the merit and rewards system;
4. To integrate all human resources development programs for all levels and ranks;
and
5. To institutionalize a management climate conducive to public accountability
(CONST., Art. IX-B, Sec. 3).
– Scope of the Civil Service: Embraces all branches, subdivisions, instrumentalities,
and agencies of the Government, including GOCCs with original charters (CONST.
Article IX-B, Sec. 2, par. (1).
– Role of the Civil Service Commission in Appointments: The role of the CSC in the
appointing process is limited to the determination of the qualifications of the
candidates for appointments. It plays no role in the choice of the person to be
appointed
q COMELEC
– The functions and powers of the COMELEC are the following:
1. Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative,
referendum or recall;
2. Exclusive original jurisdiction over all contests relating to the election, returns and qualifications of all elective
regional, provincial, and city officials.
3. Exclusive appellate jurisdiction over all contests involving elective municipal officials decided by RTC or involving
elective barangay officials decided by the MTC. Decisions, final orders, or rulings of the Commission on election
contests involving elective municipal and barangay offices shall be final, executory and unappealable;
4. Decide, save those involving the right to vote, all questions affecting elections, including determination of the
number and location of polling places, appointment of election officials and inspectors, and registration of
voters; …

q COA
– The powers and duties of the COA are the following:
1. To examine and audit all forms of government revenue;
2. To examine and audit all forms of government expenditures;
3. To settle government accounts;
4. To define the scope and techniques for its own auditing procedures;
5. To promulgate accounting and auditing rules “including those for the prevention and disallowance of irregular,
unnecessary, excessive, extravagant, or unconscionable expenditures; and
6. To decide administrative cases involving expenditure of public funds (CONST., Art. IX-D, Sec. 2).
Impeachment
■ The House of Representatives shall have the exclusive power to initiate all cases of impeachment (CONST., Art. XI, Sec. 3,par. (1)).
The Senate shall have the sole power to try and decide all cases of impeachment (CONST., Art. XI, Sec. 3,par. (6)). The President,
the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman
may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft
and corruption, other high crimes, or betrayal of public trust (CONST., Art. XI, Sec. 2).
■ The simplified procedure of impeachment is as follows:
1. Filing of a complaint: This starts the proceedings for impeachment.
2. Complaint is referred to the proper Committee:
3. Complaint is sent to the Senate which will try and decide cases of impeachment:
4. Trial and Conviction: The Senate tries the impeachment and convicts by a vote of 2/3 of all the members of the Senate

■ Impeachable Officers: President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional
Commissions, and the Ombudsman
■ Grounds: culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust
(CONST. Art. XI, Sec. 2).
■ Note: No impeachment proceedings shall be initiated against the same official more than once within a period of one year
(CONST. Art. XI, Sec. 3, par. (5)). Initiation takes place by the act of filing of filing and referral or endorsement of the impeachment
complaint to the House Committee on Justice (Francisco v. House of Representatives).
■ Impeachment and quo warranto may proceed independently of each other as these remedies are distinct as to (1) jurisdiction (2)
grounds, (3) applicable rules pertaining to initiation, filing and dismissal, and (4) limitations (Republic v. Sereno).
THANK YOU!