Constitutional Law 1 Codal Notes and Reviewer

ARTICLE VII: LEGISLATIVE DEPARTMENT: SECTION 1: Legislative power shall be vested in the Congress which is a BICAMERAL body consists of: 1. Senate – Senate – elected by the nation at large. 2. House of Representatives Representatives – – elected by the districts. Legislative power is also vested through: 1. Initiative and 2. Referendum of the People Legislative power- authority to make laws, alter and repeal them. - A derivative and delegated power power by the people to the Congress. - It is plenary meaning congress may pass any subject matters. Two kinds of limitations in Legislative power: - Substantive limits which is to prevent curtailment of the contents of the law. - Procedural limits which is to prevent the curtailment of manner of passing laws. Principle of non- delegability of legislative power ( Delegata protestas non potest delagari) : - Congress alone can make laws and Congress may not delegate its law making power. - Cannot pass irrepealable laws. Exceptions: 1. Immemorial practice- local gov’t may be allowed to legislate on purely local matters (Rubi v Rosenthal ) 2. Constitution itself in specific instances allows the delegation of legislative power ex: in times of war, delegation to the President to make laws. **administrative agency is not law-making but law-execution since they can promulgate supplementary rules or filling up the details for proper execution of laws because of the growing complexity of modern society for regulation of its ramified activities and they can deal with problems with expertise and specialization. (Relate it to PITC v Angeles; Compania General de tabacos v Board of Public Utility). They have the force of Law. Qualities of delegating law to ensure that the power delegated is not law-making: a. Complete in itself- set forth the policy to be implemented. b. Fix a standard- limits are sufficiently sufficientl y determinable. Separation of Powers: - Means that legislation belongs to Congress, execution to the legislative, and settlement of legal controversies to the judiciary. Checks and Balances: - In general, no one department is able to act without the cooperation of at least one department.

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Purpose of Separation of Powers and Checks and Balances:

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To prevent concentration of powers in one dept. and avoid tyranny.

Initiative and Referendum (in connection to Sec. 32) - Power of the people to directly propose and enact laws or approve and reject any act or law of part of it passed by the Congress or Local Legislative body. - Purpose of Initiative and Referendum is “PEOPLE POWER” which can be used when there are indifferences to the needs of the people to the law passed. SECTION 2: The Senate shall be composed of 24 Senators. -

Senators are elected ele cted at large “unless provided by law” (the number of the senators cannot be changed, what can be changed is the manner of election).

SECTION 3: QUALIFICATION OF A SENATOR: No person shall be a Senator UNLESS: a. Natural-born Natural-bor n citizen. b. On the day of election, he is at least 35 yrs yrs old. c. Able to read and write. d. Registered voter. e. Resident of the Philippines for not less than 2 yrs immediately before the day of election. SECTION 4: TERMS OF OFFICE OF SENATORS: 1. Shall be SIX YEARS and shall commence, unless otherwise provided by law, at noon on the 13th day of June following their election. 2. No senator shall serve for MORE than TWO CONSECUTIVE terms. Voluntary renunciation of the office at any length in time shall not be considered as an interruption in the continuity of service for the full term for which he was elected. - Senators may run again after two consecutive years provided that he must wait 3 yrs or more after the expiration of his second term. SECTION 5: HOUSE OF REPRESENTATIVES: a. Composed of not more than 250 members unless otherwise fixed by law. b. Elected from legislative districts c. Elected through a party-list system system Two kinds of representatives: 1. District representatives 2. Party list representatives representati ves **sectoral representatives will last only for 3 consecutive terms after the ratification of the 1987 Constitution since the reason for it is to organize themselves to compete with other party groups.


Principle of Apportionment- is the concept of equality of representation which is the basic principle republicanism. republicanism. RULES in apportionment found in Sec. 5: 2

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To prevent concentration of powers in one dept. and avoid tyranny.

Initiative and Referendum (in connection to Sec. 32) - Power of the people to directly propose and enact laws or approve and reject any act or law of part of it passed by the Congress or Local Legislative body. - Purpose of Initiative and Referendum is “PEOPLE POWER” which can be used when there are indifferences to the needs of the people to the law passed. SECTION 2: The Senate shall be composed of 24 Senators. -

Senators are elected ele cted at large “unless provided by law” (the number of the senators cannot be changed, what can be changed is the manner of election).

SECTION 3: QUALIFICATION OF A SENATOR: No person shall be a Senator UNLESS: a. Natural-born Natural-bor n citizen. b. On the day of election, he is at least 35 yrs yrs old. c. Able to read and write. d. Registered voter. e. Resident of the Philippines for not less than 2 yrs immediately before the day of election. SECTION 4: TERMS OF OFFICE OF SENATORS: 1. Shall be SIX YEARS and shall commence, unless otherwise provided by law, at noon on the 13th day of June following their election. 2. No senator shall serve for MORE than TWO CONSECUTIVE terms. Voluntary renunciation of the office at any length in time shall not be considered as an interruption in the continuity of service for the full term for which he was elected. - Senators may run again after two consecutive years provided that he must wait 3 yrs or more after the expiration of his second term. SECTION 5: HOUSE OF REPRESENTATIVES: a. Composed of not more than 250 members unless otherwise fixed by law. b. Elected from legislative districts c. Elected through a party-list system system Two kinds of representatives: 1. District representatives 2. Party list representatives representati ves **sectoral representatives will last only for 3 consecutive terms after the ratification of the 1987 Constitution since the reason for it is to organize themselves to compete with other party groups.


Principle of Apportionment- is the concept of equality of representation which is the basic principle republicanism. republicanism. RULES in apportionment found in Sec. 5: 2

1. Shall be apportioned among provinces, cities, and metropolitan Manila area in accordance with the number of their respective inhabitant, and on the basis of a uniform and progressive ratio. 2. Each legislative district shall comprise as far as practicable, contiguous, compact and adjacent territory. 3. Each city with with a population of at least 250,000 shall have at least 1 representative. representati ve. 4. Within 3 yrs ff. the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section. **Only Congress can create provinces and cities because the creation of them necessarily includes the creation of legislative districts accdg. to Sect. 5 Art VI of the Constitution which the Congress based on Census. Rules in Party-list system: 1. Registered through national, regional, and sectoral parties or organizations. 2. Constitutes 20% of the total no. of representatives including those under the party list. Purpose of Party-list: to democratize political power by encouraging the growth of a multiparty system. SECTIO 6: QUALIFICATIONS OF MEMBER OF House of Representatives No person shall be a member of the House of Representatives unless: a. Natural-born Natural-bor n citizen. b. On the day of election, he is at least 25 yrs old. c. Able to read and write. d. Registered voter (except for the party-list system) in the district which he shall be elected. e. Resident of the Philippines for not less than 1 yr immediately before the day of election. Ang Bagong Bagong Bayani Bayani et., al. al. v COMELECCOMELEC- added the the requirement requirement that party-list nominees nominees must represent marginalized and underrepresented sectors. Bengzon v Cruz- a natural born citizen who loses his citizenship by naturalization in another country later is repatriated recovers his status of being a natural-born citizen and therefore is qualified to be a member of the Congress. **the Constitution does not use the word “domiciled” but “resident.” But in Romualdez-Marcos v COMELEC- what is required is not just temporary residence but “domicile” as defined in jurisprudence. jurisprudence. Residence- a place of abode whether permanent or temporary. Domicile- a permanent residence to which one, when absent, has the intention to return. Requisites to acquire domicile by choice: 1. Residence or bodily presence in the new locality 2. Intention to remain there. 3. Intention to abandon the old domicile.


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**Enumeration of qualifications in Sec. 6 is exclusive, Congress may not add anything to it. (relate it to Maquerra v Borra) SECTION 7: TERMS OF OFFICE OF HOUSE OF REPRESENTATIVES: 1. Shall be THREE YEARS and shall commence at noon on the 13 th day of June following their election unless otherwise provided by law. 2. No representative shall serve for MORE than THREE CONSECUTIVE terms. Voluntary renunciation of the office at any length in time shall not be considered as an interruption in the continuity of service for the full term for which he was elected. **The three year term set by the Constitution may not be changed by Congress. Term- period of time allotted to the office by law; Tenure- is the period during which the official actually holds office. SECTION 8: Unless otherwise provided by law, the regular election of the Senators and members of House of Representatives shall be held on the Second Monday of May. Unless otherwise provided by law : - The starting date of the term of House of Representatives may be changed by law. - Date of election can be changed (applies also to senate) SECTION 9: In case of vacancy in the Senate of in the House of Representatives: a. A special election may be called to fill such vacancy in the manner prescribed by law, but b. The Senator or member of the House of Representatives thus elected shall serve only for the unexpired portion. - If one is elected Representative to serve the unexpired term of another, that unexpired portion, no matter how short, will be considered one term for the purpose of computing the number of successive terms allowed. - Special election in case of vacancy h as been left to the discretion of congress “ in the manner prescribed by law.” SECTION 10: a. The salaries of Senators and Members of the House of Representatives shall be determined by law. b. No increase in the compensation shall take effect until after the expiration of the full term of ALL the Members of the Senate and House of Representatives approving such increase. Philconsa vs Gimenez- the law allows increase in salaries of congress, what is prohibited is the immediate effectivity of law allowing retirement gratuity and commutation of vacation and sick leave to the members of Congress until the full term of all the members of the Congress who approved the increase have expired.


SECTION 11: PRIVILEGE FROM ARREST: A Senator or member of House of Representatives shall: 4

a. In all offenses punishable by not more than 6 YRS IMPRISONMENT, be privileged from arrest while in Congress is in session. b. Shall be not questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee. Purpose of privilege: to leave the legislator unimpeded in the performance of his duties and free from harassment from outside. People v Jalosjos – A Congressman who has been convicted of rape and is in detention cannot claim that he should be freed bec. of popular sovereignty and the need of his constituents to be represented. - Members of Congress are not exempt from detention for crime. - They may be arrested even if the house is in session, for crimes punishable by penalty of more than six months. - No basis for treating him/her differently from other convicts. Meaning of immunity from liability in speech: a. The guarantee of immunity from answerability outside forum but not from answerability to the disciplinary authority of the Congress itself. b. The speech and debate must be one made in the Congress or its committee. **the action involved must be legislative action which refers to the participation in committee and House proceedings in the consideration of proposed legislation or of other matters that the Constitution places within the jurisdiction of the legislature. SECTION 12: All members of the Senate and House of Representatives shall: a. Upon assumption of office, make a full disclosure of their financial and business interests. b. Notify the House concerned of a potential conflict of interest that may arise from the filing of proposed legislation of which they are authors. **prohibition is only during the tenure, a legislator is not prevented from accepting any appointment. However, if he chooses to accept another office, eh automatically forfeits his seat in congress.

SECTION 13: No Senator or member of House of Representatives may hold any other office or employment in: 1. The government or its: a. Subdivision b. Agency or c. Instrumentality. 2. Government owned; 3. controlled-corporations; a. its subsidiaries …during his term without forfeiting his seat.


He shall not be appointed to: a. Any office which may have been created; b. Emoluments increased during his term for which he was elected. 5

SECTION 14: Prohibitions of Members of Congress Senator of member of House of Representatives may not: 1. Personally appear as counsel before any court of: a. Justice b. Electoral Tribunals c. Quasi-judicial d. Administrative bodies 2. Directly or indirectly interested: a. financially in any contract with or b. In any franchise, or c. Special privilege granted by the government its subdivision, agency, or instrumentality including government owned or controlled-corporations or its subsidiary 3. Intervene in any matter: a. before any office of the government for his pecuniary benefit; b. where he may be called upon to act on account of his office Purpose of the section: prevent members of Congress from taking advantage, pecuniary of their positions in their dealings with courts, or in their business operations or dealing with the government agencies or corporations. Puyat v De Guzman- prohibition even “under the guise” of appearing in intervention in one’s behalf. SECTION 16: Sessions of Congress Regular Session: a. Convene every year on the 4 th Monday of July (unless a different date is provided by law) b. Shall continue to be in session for such number of days as it may determine until 30 days before the opening of its next regular session (exclusive of Saturdays, Sundays, and Legal Holidays); Special Session- can be called by the President any time. (Has no fixed limit, and can lasts as long as the congress wants). SECTION 16: Par 1: Officers of Congress: a. Senate President b. Speaker of the House of Representatives Par 2: A quorum to do business: a. a majority of each house; b. a smaller number may adjourn from day to day; c. may compel attendance or may provide in any manner or penalties to absent members.


Par 3: Internal Rules and Discipline: 6

a. May be determined by each House b. Punish its members for disorderly behavior c. May suspend or expel a member with the concurrence of 2/3’s of all its members (provided that suspension shall not exceed 60 days). Par 4: Each House shall keep a Journal of its proceedings: a. From time to time publish the same but b. Excepting such parts based on its judgments that affect national security; c. At the request of 1/5 of the members present the “yeas” and “nays” on any question shall be entered in the journal. d. Shall keep a Record of its proceedings. Par 5: Recess: Neither House during the sessions of the Congress shall not without the consent of the other: a. Adjourn for more than 3 days; b. In any other place that in which the Two Houses shall be sitting. Manner of choosing/electing other officers not within the ambit of the constitution: Santiago v Guingona- in the absence of constitutional or statutory guidelines or specific rules, the Court is devoid to determine the legality of acts of Congress. - Court may not interfere with the internal affairs of the legislatures. Quorum- basis for computing the majority of the legislative body for the purpose of determining the existence of a quorum should normally be the total membership of the body. Internal Rules and Discipline Osmena v Pendatun – The House is the judge of what constitutes disorderly behavior because the Constitution has conferred the jurisdiction to them and the matter depends upon that the House knows best which the courts cannot adjudicate. **inherent in any legislative body is its power of internal regulation and discipline. Purpose of keeping a Journal: a. To insure publicity to the proceedings of the legislature and responsibility of the members to their respective constituents; b. Provide proof of what actually transpired in the legislature. Enrolled bill: - a duly authenticated copy of a bill or resolution bearing the signature of the Speaker and of the Senate President and the certification of the secretaries of both Houses that such bill was passed. - Conclusive to the courts/binding based on the respect due from the courts to a co-equal body, that “a duly authenticated bill or resolution imports absolute verity” and an official act of the legislature. Record of Proceedings- an abbreviated account of the daily proceedings which contains a word per word transcript of the deliberations of Congress.


Recess: a. Compulsory recess- 30 days before the opening of the next regular session. 7

b. May adjourn for a voluntary recess but “neither House during the sessions of the Congress shall not without the consent of the other adjourn for more than 3 days and in any other place that in which the two Houses shall be sitting” because the two Houses form part of one legislative body.

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SECTION 17: Electoral Tribunal: - Each have shall have its own tribunal. - Sole judge of all election contests returns, and qualifications of their respective members. Composition of Electoral Tribunal: a. Composed of 9 members - 3 from justices in the Supreme Court; - 6 from members of the Senate or House of Representatives. b. In choosing members from House of Representatives: - Chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list representatives. c. Senior Justice in the tribunal shall be its chairman. In election contests, the jurisdiction of the COMELEC ends once a candidate has been proclaimed and has taken oath of office as Member of Congress. Jurisdiction then, passes to the Electoral Tribunal. Tribunals are not part of either of House or Senate. They are independent constitutional creations which have the power to create their own rules and are not under the supervision or control of Congress. Suanes v Chief of Accountant: - Employees of an electoral tribunal are its own, and neither of the Senate nor the House, then the appointment and control of employees are rested wholly on it. - Since the functions of the tribunal is resolving problems for the senate, it is necessary that Appropriation for the Senate electoral tribunal is included in the budget for the Senate,

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SECTION 18: Commission on Appointments consists of: 8

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the Senate President* (as an ex-officio Chairman) 12 Senators 12 members of House**

**Elected by each house on the basis of proportional representation from the political parties and parties or organizations registered under the party-list representatives. *The Chairman of the Commission shall not vote, except for a case of a tie. The Commission shall: - Act on all appointments submitted to it w/in 30 session days if Congress from their submission. - Rule by a majority vote of all Congress. SECTION 19: The Electoral Tribunal and the Commission on Appointments (COA) shall be constituted within 30 days after the Senate and House of Representatives have been organized with the election of its Speaker and President. I

COA- shall meet only while the Congress is in session at the call of its chairman or majority of its members to discharge its functions. - COA is formed through the instrumentality of the two houses of Congress but once the COA is formed, it is independent of Congress which can promulgate its own rules and the SC cannot pass upon the correctness of its own rules. Function of COA: - Is to consent to or confirm nominations or appointments submitted to it by the President pursuant to Art. VII, Section 16 which enumerates the appointment which needs action by the COA. - Intended as an administrative check on the appointing authority of the President. SECTION 20: Records and Books of Accounts shall be: a. Preserved and be open to the public in accordance with law; b. Audited by the COA which shall be published annually in itemized list of amounts paid to and expenses incurred for each member.

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SECTION 21: Limitations on the power of legislative investigation: a. In aid of legislation; b. In accordance with it’s duly published rules of procedure; c. The rights of persons appearing in or affected by such inquiries shall be respected.

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Purpose of legislative inquiry: Arnault v Nazareno – A legislative body cannot legislate wisely or effectively in the absence of information respecting conditions which the legislation is intended to affect or change; and

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where the legislative body does not itself possesses the requisite information which is not infrequently true- recourse must be had to others who do not possess it. To protect the rights of the witnesses, a duly published rule of procedure is required. Violation of these rules would be an offense against due process. Neri v Senate- A senate as an institution is “continuing” since it is not dissolved as an entity with each national election but in the conduct of its day to day business of each Congress acts separately and independently of the Senate of the Congress before it, thus, a published rules is needed. Right of witnesses in the legislative inquiry is in relation to the Bill of rights of unwarranted/unreasonable seizures and searches and demand due process of law. SECTION 22: The Heads of Departments may appear before and be heard by the House on any matter pertaining to their departments through: a. Their own initiative with the consent of the President; b. Request of either house as the rules of each House shall provide. Written questions shall be: a. Submitted to the Senate president or Speaker of the House at least 3 days before their scheduled appearance. b. Interpellations shall not be limited to it but may cover matter related to the questions. The appearance shall be conducted in executive session when: a. Security of the State or b. Public Interest requires; c. President states in writing. Two kinds of legislative inquiry: a. Question Hour- intended to serve not so much as an aid to legislation but as an instrument for keeping administration in line. b. In aid of legislation (Sec. 21 which is mandatory) Senate v Ermita- Anyone may be summoned except the President and Justices of the Supreme Court. **since the Department heads are alter egos of the President and separation of powers, they may not appear without the permission of the President. But only applies to Department heads and not to everyone who has cabinet rank. Section 22 establishes the rule for the exercise of what is called the “oversight function” of Congress which intended to enable the Congress to determine how laws it has passed are being implemented.


SECTION 23: Par 1: Congress has the sole power to declare the existence of war by a vote of 2/3’s of both Houses in joint assembly but voting separately. 10

Par 2: Congress may, by law, authorize the President to exercise legislative power only in times of War or other national emergency but: a. For a limited period only; b. Subject to restrictions as Congress may prescribe; c. Necessary and proper to carry out a declared national policy d. Unless sooner withdrawn by the resolution of the Congress, such powers shall cease upon its next adjournment. War- defined as “armed hostilities between two states.” Art. II Sec. 2- renounces war as an instrument of National policy but not defensive war. The Constitution gives the legislature the power to declare the existence of a state of war ad to enact all measures to support war, the actual power TO MAKE WAR is lodged in the executive power. The executive power when necessary, may make war even in the absence of declaration of war by the Congress. Even a martial law situation does not allow the President to supplant the legislature, the authority which can be given by the legislature must be necessarily be a very limited one ad certainly not amounting to the legislature’s abdication of power. Legislative power conferred to the President may be withdrawn by resolution and not necessary a statute because a resolution does not need approval of the President. When the Congress is not in session and unable to act in emergency situations, the President is stripped of his emergency powers. SECTION 24: Shall originate exclusively in the House of Representatives all the: a. Appropriations b. Revenue or Tariff bills c. Bills authorizing increase of the Public debt d. Bills of local application e. Private bills But the senate may propose or concur with amendments. Appropriations – its purpose is to set aside a sum of money for public use. Revenue or Tariff bills – for raising revenues or taxes. Bills of local application – are those whose reach is limited to specific localities, such for an instance the creation of a town. Private bills – affects private persons, such as a bill granting citizenship to a specific foreigner.


Theory behind “shall originate exclusively in the House of Representatives” : a. District representatives are closer to the pulse of the people than senators;

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b. They are in a better position to determine both the extent of the legal burden they are capable of bearing and the benefits they need.

Tolentino v Sec. of Finance: “Shall originate exclusively in the House of Representatives” means simple that the House alone can initiate the passage of a revenue bill, if the House does not initiate, no revenue law shall be passed. Once the House has approved a revenue bill and passed on the Senate, the Senate can completely overhaul it, by amendment of parts or substitute it and come out with one completely different from what the House has approved. Senate are not bound to retain the essence of the bill which the House approved. It is the “bill” which should originate exclusively from House and not the law itself which is the product of both Houses. SECTION 25: Restrictions on the Power to Appropriate: Par 1: a. Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget. b. The form, content, and manner of preparation of budget shall be prescribed by law. Par 2: a. No provision or enactment shall be embraced in general appropriations bill unless it relates specifically to some particular item of appropriation, and b. every such provision shall be limited in its operation to the appropriation item to which it relates.

Par 3: The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations for other departments or agencies. Par 4: A special appropriation shall: a. specify the purpose for which it is intended, and b. shall be supported by funds actually available as certified by the National Treasurer or c. to be raised by a corresponding revenue proposal. Par 5: a. b. -


No law shall be passed authorizing any transfer or appropriations; however, However the: President, Senate President, 12

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Speaker of the House, Chief Justice of SC, and Heads of Constitutional Commissions

…may by law be authorized to augment any item in general appropriations law for their respective offices from savings in other items of their respective appropriations. Par 6: Discretionary funds appropriated for particular officials shall: a. Be disbursed only for public purposes to be supported by appropriate vouchers, and b. Subject to guidelines as may be prescribed by law. Par 7: If at the end of any fiscal year, the Congress shall have failed to pass the General appropriations bill for ensuing fiscal year shall: a. Be deemed re-enacted b. Remain in force and effect until the general appropriations bill is passed by the Congress. I

Purpose of Par 1: to prevent big budget deficit. Par 2: Riders- provisions unrelated to the appropriation bill. Purpose of Par 5: to afford the different branches of the government considerable flexibility in the use of public funds and resources as may provide by law. - The power to appropriate is as broad as the power to tax. - Appropriations must be for the public purpose. SECTION 26: Par 1: every bill passed shall embrace only one subject which shall be expressed in its title. Par 2: Manner of Passing of law: a. Passed 3 readings in separate days; b. Printed copies has been distributed to its members 3 days before its passage …except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. In the last reading of the bill: a. No amendment shall be allowed b. Vote shall take immediately; c. Yeas and Nays entered in the journal. One subject rule is mandatory to: 1. Prevent hodge-podge or log-rolling legislation; 2. Prevent surprise or fraud upon the legislatures; 3. To fairly apprise the people to inquire into the body of the bill, study and take appropriate action if necessary.


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The Constitution does not require the Congress to employ in the title of an enactment language of such precision as to mirror, fully index or catalogue all the contents and minute of details. It suffices that the title should serve the purpose of the Constitutional demand that inform the legislators, and people interested of the nature, scope and limitations of the bill. Purpose of the last reading: to force legislators to take a deep breath before making the final plunge of approval. SECTION 27: Par 1: Every bill passed by the Congress shall before it becomes a law be: 1. Presented to the President. a. If he approves – shall sign it b. If not – veto it and return with his objections to the House where it originated. c. proceed to reconsider after the objections has been recorded in the journal. 2. 2/3’s of all the members of the House shall agree to pass the bill, it shall be sent together with the objections, to the other house and after reconsiderations and 2/3’s of its members agreed, bill shall become a law. 3. The President shall communicate his veto of any bill to the House where it originated after 30 days if not, it shall become a law as if he had signed it. Par 2: the President shall have the power to veto any particular ITEM or Items in an appropriation, revenue or tariff bill, but the veto shall not affect the item or items to which he does not object. Tanada v Tuvera- “unless otherwise provided” refers to the date of effectivity which can be changed and not the omission of publication because without publication, would offend due process because it would deny the public knowledge of laws that are supposed to govern them. Conference Committee – extra-constitutional creation of Congress whose function is to propose to Congress ways of reconciling conflicting provisions found in the Senate version and House version of a bill. Their proposals need confirmation by the both Houses of Congress. Par 2: general rule is that if the President disapproves of a provision in a bill approved by Congress, he should veto the entire bill. He is not allowed to veto separate parts of a bill while retaining others. It is only in the case of appropriation, revenue, and tariff bills that he is authorized to exercise item-veto. An item in a bill is the particulars, the details, the distinct and separable parts of the bill.” Doctrine of Inappropriate provisions- a provision that is constitutionally inappropriate for an appropriation bill may be singled out for veto even if it is not an appropriation or revenue “item” which only the President can exercise.


Another way of exercising executive veto is through “impoundment.”

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It simply means refusal of the President to spend funds already allocated by Congress for a specific purpose. - The duty of the president to implement the law includes the duty to desist from implementing it when the implementation would prejudice public interest. SECTION 28: Par 1: Rule of taxation: a. Uniform b. Equitable c. Congress evolves a progressive system of taxation. Par 2: Congress may, by law, authorize the President within specified limits and subject to limitations and restrictions to fix: a. Tariff rates b. Import and export quotas c. Tonnage and wharfage dues d. Other duties or imposts within the framework of the national development program of the government. I

Par 3: a. b. c. d. e.

The ff. institutions are exempted from taxation: Charities Churches and parsonages/convents Mosques Non-profit cemeteries Lands, buildings, and improvements used for charitable, religious or educational purposes.

Par 4: Tax exemptions need the concurrence of all the members of the Congress. Power to tax is inherent power of government. Section 28 enumerates the limitations of inherent and almost unlimited power. The power to tax has been recognized as an instrument of national economic and social policy. It should exercise only for public purpose. Churchhill v Concepcion- “uniformity” in the Constitution does not signify an intri nsic, but simply a geographical uniformity.., a tax is uniform when it operates with the same force and effect in every place where the subject of it is found. Tan v del Rosario- Uniformity of taxation simply means: 1. Standards that are used are substantial and not arbitrary; 2. The categorization is germane to achieve legislative purpose 3. Law applies, all things equal, to both present and future conditions; 4. Classification applies equally well to all those belonging to the same class. Tax exemptions- must be for a public purpose, uniform and equitable, and in conformity with equal protection clause. Purpose of Tax exemptions: Charities- to enhance the service they are capable of giving. Religious property- ensure religious liberty. Educational institutions- for the sake of making quality education affordable to all.


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Elements to be considered to determine if the institution is a charity, educational or religious: a. Statute creating the enterprise b. Its corporate purpose c. Its constitution and by-laws d. Methods of administration e. Nature of actual work performed f. Character of the services rendered g. Indefiniteness of the beneficiaries h. Use and occupation of the properties SECTION 29: Par 1: No money shall be paid out of the treasury except in pursuance of an appropriation made by law. Par 2: No public money shall be: a. Appropriated, b. Applied, c. Paid, or d. Employed, directly or indirectly, For the use, benefit, or support of: a. Any sect, church, denomination or system of religion b. Secretarian institution c. Priest, preacher, minister or other religious teacher or dignitary Except when such priest, preacher, minister or dignitary is assigned to the Armed Forces, or to any penal institution, or government orphanage or leprosarium. Par 3: All money collected on any tax levied for a special purpose shall: a. Be treated as a special fund and paid out for such purpose only. b. If its purpose has been fulfilled or abandoned, the BALANCE, if any, shall be TRANSFERRED TO the general funds of the GOVERNMENT. Congress alone can authorize the expenditure of public funds through its power to appropriate. The power to appropriate carries with it the power to specify not just the amount that may be spent but also its purpose. After the congress has made the appropriation, it is the executive that actually spends the fund. SECTION 30: No law shall be passed INCREASING the APPELATE jurisdiction of the Supreme Court as provided in this Constitution WITHOUT its ADVICE and CONCURRENCE. In relation to Sec. 2 Art. VIII which gives the Congress the power to apportion jurisdiction of courts. Thus, Congress is free to add to or subtract from the powers of the courts except insofar as these has been fixed by the Constitution. Increasing the jurisdiction of the SC needs advice and concurrence of the Court.


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SECTION 31: No law granting a title of royalty or nobility shall be enacted. SECTION 32: Power a. b. c.

of Initiative and referendum where the people: can directly propose and enact laws or approve or reject any law or part of it which was passed by the Congress or local legislative body

Requirements of Initiative and referendum: a. The Congress shall, as early as possible, provide for a system of initiative and referendum, and b. Provide for their exceptions c. Registered petition of rejection/propose laws signed by at least 10% of the total number or registered voters d. Every legislative district must be represented by at least 10% of the registered voters.


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ART.VIII: JUDICIAL DEPARTMENT DISSECTED PROVISION: NOTE: Some may appear Similar to the notes that follow Sec.1: Judicial Power vested on: - ONE Supreme Court - Lower Courts Judicial Power includes: - Settle actual controversies involving rights (demandable/enforceable) - Determine grave abuse of discretion Sec.2: Congress power in judiciary includes: - Decision on jurisdiction (define/describe/apportion) Reorganization of Judiciary affecting security of tenure is prohibited. Sec.3: Judiciary enjoys fiscal autonomy Appropriations can’t be reduced by Legislature Sec.4: Supreme Court is composed of: - One SC Chief and 14 Associate Justices Vacancy is filled within 90 day period Cases heard in EN BANC: (see notes) Concurrence by majority who participated in the case hearing is needed for resolving or deciding. Cases from the Division not attaining the required number may be raised to En Banc except court doctrines /principles. Sec.5: Powers of Supreme Court: - Jurisdiction over cases heard in affecting ambassadors, public ministers and consuls - Jurisdiction on petitions - On appeals and certiorari under the following cases: o Constitutionality o Legality (tax, toll, assessment, impost) o Lower Court Decisions o Crimes having reclusion perpetua as penalty o Cases involving errors/question of law - Temporary Assignment of judges - Change of venue of trial - Promulgate rules on: o Constitutional rights o Pleadings o Practice o Court Procedure o Admission to practice o IBP o Legal Assistance


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Invalidation of Rules of Special Courts and Quasi-Judicial Bodies Appointment of judicial officials o

-

Sec. 6: Administrative power- SC over all courts and personnel Sec.7: Qualifications: SC or Lower Collegiate Courts: - Natural born citizen - At least 40yrs. old (for SC only) - (for SC only) judge for 15 years or more - With competence, integrity,probity,independence Lower Court Judges: - Qualifications set by Congress - Natural Born Citizen - IBP member - With competence, integrity,probity,independence Sec.8: Judicial Bar Council (JBC) created by SC includes: - Chief Justice (ex-officio) - DOJ Secretary (ex-officio) - Congress Representative (ex-officio) - SC Clerk of Court (ex-officio Secretary) - IBP representative - Law professor - Retried SC Justice - Private Sector Representative President Appoints regular members for a four year term with consent of Comm. On Appointments Regular members receive emoluments from budget set by Supreme Court. Principal function by JBC is to recommend appointment and other function are determined by SC. Sec. 9: President appoints SC and Lower Court judges and justices 3 nominees for every vacancy are passed by the JBC No confirmation is needed (For lower Courts) 90 day limit is given for submission of appointments Sec.10: Salary of Judicial Members are fixed by law No Decrease is allowed within their continuance of office Sec.11: Offices of judges and justices ends when: - They reach 70 - Incapacitated - Should be in good behavior


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SC en banc has power to: - Discipline judges of lower courts - Order dismissal or judges of lower courts upon majority vote Sec.12: No designation of Members to other quasi judicial/administrative agency Sec.13: En Banc /division Decisions both SC and lower Collegiate Courts must be: - Reached in consultation before assigned to the member who will write the decision (ponente) - Such consultation is signed by SC Chief and recorded and reproduced - Dissents must state reasons Sec.14: Decisions must state: - Facts (clearly and distinctly) - Law basis Petition for Review/Motion for reconsideration must state: - Legal basis Sec. 15: Period of case resolution for every court (see Notes) Cases are deemed submitted upon filing of required papers by the Rules of Court/the Court itself (pleadings, memos etc.) A certification of why a case is not resolved shall be furnished signed by SC chief or presiding judge. This is given to the parties. After the expiration of mandatory period for a case, the case should be resolved without further delays Sec. 16: Submission of Annual Report: - Within 30 days FROM the opening of the regular session of each house of Congress Submitted to: - Congress - President


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ARTICLE VIII: JUDICIAL DEPARTMENT NOTES/ QUESTION & ANSWER S e c t i o n 1 : T h e ju d i c i a l p o w e r s h a l l b e v e s t ed i n o n e S u p r e m e C o u r t a n d i n s u c h l o w e r court s as may be established by law. Judicial pow er includes the duty of the courts o f justice to settle actual controversies i n v o l v i n g r i g h t s w h i c h a r e l e g al l y d e m a n d a b l e a n d e n f o r c e a b l e , a n d t o d e t e r m i n e w h e t h e r o r n o t t h e r e h a s b e en a g r a v e ab u s e o f d i s c r e t i o n a m o u n t i n g t o l a c k o r e x c e s s o f j u r i s d i c t i o n o n t h e p ar t o f an y b r an c h o r i n s t r u m en t al it y o f t h e Go v er n m en t.



What is the power given to the Courts? o Judicial Power



What is Judicial Power? o duty 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



Can the Court settle all disputes? o No. Only Actual controversies involving demandable and enforceable rights

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What are the legally and demandable rights? o This is determined by the legislature and the Constitution.

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What is grave abuse of discretion? o When: (1) act is done contrary to Constitution/law/jurisprudence; (2) there is capricious/arbitrary and whimsical exercise of judgment (Infotech Foundation, et al. vs. COMELEC)

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Can the Courts hear all cases of grave abuse of discretion? o No. it should be “ amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government”

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Difference between Declaratory judgment and Advisory opinion DECLARATORY ADVISORY OPINION JUDGMENT  Involves parties with  Response to a legal issue real conflicting legal posed in abstract of any interests actual case that may be presented. and forever  Binds no one  Final binding to parties  Judicial  Not Judicial




May the judiciary assume quasi-judicial power? o NO. Quasi-judicial power such as sitting as one of the boards of arbitrator is not within the bounds of judicial power but rather under the power of administrative agencies. (Manila Electric Co. v. Pasay Transportation Co.)

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o

No inherent power in the Executive and Legislative to charge the judiciary with administrative functions except when reasonably incidental to the fulfillment of judicial duties (Noblejas v. Teehankee); Example: when law provides that settlement of disputes between departments and agencies is through administrative actions having decisions equal to decisions of court of justice (PHIVIDEC v. Velez)

S e c t i o n 2 : T h e C o n g r e s s s h a l l h a v e t h e p o w e r t o d e f i n e , p r e s c r i b e , an d a p p o r t i o n t h e j u r i s d i c t i o n o f t h e v ar i o u s c o u r t s b u t m ay n o t d ep r i v e t h e Su p r em e Co u r t o f i ts j u r i s d i c t i o n o v er c as es en u m er at ed i n Se c ti o n 5 h er eo f. N o l a w s h a l l b e p a s s ed r e o r g a n i z i n g t h e J u d i c i a r y w h e n i t u n d e r m i n e s t h e s e c u r i t y of tenure of its Memb ers.

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What is the role of Legislature in judicial process? o (1) Define demandable and enforceable rights; (2) determine which court has jurisdiction to hear and decide a dispute

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May the Congress pass a law changing the jurisdiction of the lower Courts? o Yes, that is why they were able to pass BP129 but it shall not be courts that will have equal power with the Supreme Court since there can only be one Supreme Court. (Vargas v. Rilloraza; Lopez v. Roxas) o Authority to create courts includes authority to abolish them. (Vargas v. Rilloraza)

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May the Congress enact law changing the jurisdiction of the Supreme Court? o Yes except the following: Jurisdiction over cases under Sec. 5 of ART.VIII  In cases of increasing appellate jurisdiction of the Supreme Court,  there should be advice and concurrence from the Supreme Court. (see Sec.30, Art.VI) Can the Courts exercise judicial power when there is no applicable law? o No. It has no authority to entertain/perform judicial action when there is no law authorizing such proceedings e.g. declaration of citizenship; reversal of awards of a board of judge in an oratorical contest. (Channie Tan v. Republic; Felipe v. Leuterio)

I s e t o N y U o c i R g a u l a C I I 1 W A L L A N O I T U T I T S N O C I

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What is Jurisdiction? o Authority of a court to exercise judicial power in a specific case and is a prerequisite of judicial power.

S e c t i o n 3 : Th e J u d i c i a r y s h a l l e n j o y f i s c a l au t o n o m y . A p p r o p r i a t i o n s f o r t h e J u d i c i a r y m a y n o t b e r ed u c e d b y t h e l e g i s l a t u r e b el o w t h e a m o u n t a p p r o p r i a t e d f o r t h e p r e v i o u s year and, after appro val, shall be autom atically and regu larly released.



What does “fiscal autonomy” mean? o Expressed in second sentence of the provision: “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”

s e t o N g a u l a C o c i R y U I

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Why is fiscal autonomy granted? o To strengthen judicial Independence

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May the Congress enact a law reducing the appropriation for the judiciary? o No. They cannot reduce such appropriation less of that from the previous year because it is a violation of this provision.

Section 4: 1 . T h e S u p r e m e C o u r t s h a l l b e c o m p o s e d o f a Ch i e f J u s t i c e an d f o u r t e e n A s s o c i a t e J u s t i c e s . It m a y s i t e n b a n c o r i n i t s d i s c r e t i o n , i n d i v i s i o n o f t h r e e , f i v e , o r s e v e n M e m b e r s . A n y v a c a n c y s h a l l b e f i l l ed w i t h i n n i n e t y d a y s f r o m t h e o c c u r r e n c e thereof. 2 . A l l c a s e s i n v o l v i n g t h e c o n s t i t u t i o n a l i t y o f a t r e a t y , i n t e r n a t i o n a l o r e x ec u t i v e a g r e em e n t , o r l a w , w h i c h s h a l l b e h e a r d b y t h e S u p r e m e C o u r t e n b a n c , an d a l l o t h e r c a s e s w h i c h u n d e r t h e R u l e s o f C o u r t a r e r e q u i r e d t o b e h e a r d en b a n c , i n c l u d i n g t h o s e i n v o l v i n g t h e c o n s t i t u t i o n a l i t y , a pp l i c a t i o n , o r o p e r a t i o n o f p r e s i d e n t i a l d e c r e es , p r o c l a m a t i o n s , o r d e r s , i n s t r u c t i o n s , o r d i n a n c e s , a n d o t h e r r e g u l a t i o n s , s h a l l b e d ec i d e d w i t h t h e c o n c u r r e n c e o f a m a j o r i t y o f t h e M e m b e r s who actually took part in the deliberations on the issu es in the case and voted thereon. 3. C a s es o r m a t t e r s h e ar d b y a d i v i s i o n s h a l l b e d ec i d e d o r r e s o l v e d w i t h t h e c o n c u r r e n c e o f a m a j o r i t y o f t h e M e m b e r s w h o a c t u a ll y t o o k p a r t i n t h e d e l i b e r at i o n s o n t h e i s s u e s i n t h e c a s e a n d v o t e d t h e r e o n , a n d i n n o c a s e w i t h o u t t h e c o n c u r r e n c e o f a t l ea s t t h r e e o f s u c h M e m b e r s . W h e n t h e r e q u i r e d n u m b e r i s n o t o b t a i n e d , t h e c a s e s h a ll b e d e c i d e d e n b a n c : P r o v i d e d , t h a t n o d o c t r i n e o r p r i n c i p l e o f l a w l a i d d o w n b y t h e c o u r t i n a d e c i s i o n r e n d e r ed e n b a n c o r i n d i v i s i o n m a y b e m o d i f i e d o r r e v e r s e d ex c e p t b y t h e c o u r t s i t t i n g e n banc.

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May the Congress Increase or decrease the composition of the Supreme Court? o No. As same with 1973 and 1935 Constitution interpretation, such composition can’t be changed by ordinary legislation.

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How many divisions can the Supreme Court have? o “…in division of three, five, or seven Members”; There can be 5 divisions of 3 members, 3 divisions of 5 members, 2 divisions of 7 members.

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When does the 90-day countdown for filling the vacant seat in the Supreme Court starts? o From the time the vacancy occurred. Date of the retirement or dismissal of the Justice.

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Can cases decided by the divisions concurred by the majority of the members who participated in the deliberation be appealed to en banc? o No. The Decision of the division is the decision of the Supreme Court. Decisions/ resolutions of the divisions are not inferior to en banc decisions. The Supreme Court sitting en banc is not an appellate court vis-à-vis its Divisions. (Firestone Ceramics v. Court of Appeals)

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What are cases decided in en banc? 23

o

The following are: Involves constitutionality of a treaty, international/executive agreement or  laws of applications/operation of presidential Decrees,  Constitutionality proclamations, orders, instructions, ordinances and other regulations Cases heard in division but required majority number is not obtained  When SC reverses or modifies a doctrine previously laid by division or en  banc Administrative cases involving dismissal or disciplinary action for a judge  of a lower court Election contests for President and Vice President  Thos provided by the Rules of Court 

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When Court sits in divisions, how many members can decide on a case? o Cases can be decided by as few as a minimum of three votes.

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When Court sits in En Banc, how many members can decide on a case? o Concurrence of majority of those who participated there on o Since a quorum is composed of 8, the majority number is 5

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In a resolution of Motion for Reconsideration, can it be appealed to en banc when the necessary three votes are not obtained in the division due to a tie? o No. Motion for Reconsideration connotes that there is already a decision by the division and thus, a tie of votes mean that the required number to reconsider the case was not obtained and the decision is that the petitioner lost. It is not qualified in the clause “When the required number is not obtained, the case shall be decided en banc”. (Fortich v. Corona)

I s e t o N y U o c i R g a u l a C I I 1

S e c t i o n 5 : T h e Su p r e m e C o u r t s h a l l h a v e t h e f o l l o w i n g p o w e r s : 1 . E x e r c i s e o r i g i n a l j u r i s d i c t i o n o v e r c a s e s af f e c t i n g a m b a s s a d o r s , o t h e r p u b l i c m i n i s t e r s a n d c o n s u l s , a n d o v e r p et i t i o n s f o r c e r t i o r a r i , p r o h i b i t i o n , m a n d a m u s , q u o w a r r a n t o , a n d h a b e as c o r p u s . 2. Review, revise, reverse, mo dify, or affirm on appeal or certio rari, as the law or the Rules of Court may provid e, final judgments and or ders of lower cour ts in: a. All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, p r o c l a m a t i o n , o r d e r , i n s t r u c t i o n , o r d i n a n c e , o r r e g u l a ti o n i s i n q u e s t i o n . b . A l l c a s e s i n v o l v i n g t h e l eg a l i t y o f an y t a x , i m p o s t , as s e s s m e n t , o r t o l l , o r a n y p e n a l t y i m p o s e d i n r e l at i o n t h e r et o . c . A l l c a s es i n w h i c h t h e j u r i s d i c t i o n o f a n y l o w e r c o u r t i s i n i s s u e . d . A l l c r i m i n a l c a s es i n w h i c h t h e p e n a l t y i m p o s e d i s r e c l u s i o n p e r p e t u a o r higher. e . A l l c a s e s i n w h i c h o n l y a n er r o r o r q u e s t i o n o f l aw i s i n v o l v e d . 3 . A s s i g n t e m p o r a r i l y j u d g e s o f l o w e r c o u r t s t o o t h e r s t at i o n s a s p u b l i c i n t e r es t m a y r e q u i r e . S u c h t e m p o r a r y a s s i g n m e n t s h a l l n o t ex c e e d s i x m o n t h s w i t h o u t the consent of the judge conc erned. 4 . O r d e r a c h a n g e o f v e n u e o r p l ac e o f t r i al t o av o i d a m i s c a r r i a g e o f ju s t i c e .

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5 . P r o m u l g a t e r u l e s c o n c e r n i n g t h e p r o t e c t i o n an d e n f o r c e m e n t o f c o n s t i t u t i o n a l rights, pleading, practice, and proc edure in all courts, the admission to the p r a c t i c e o f l a w , t h e i n t e g r a t e d b a r , a n d l e g a l a s s i s t a n c e t o t h e u n d e r - p r i v i l e g ed . Such rules sh all provide a simplified and inexpensive procedure for the speedy dispos ition of c ases, shall be uniform for all courts o f the same grade, and shall n o t d i m i n i s h , i n c r e a s e, o r m o d i f y s u b s t a n t i v e r i g h t s . R u l e s o f p r o c e d u r e o f s p e c i a l courts and quasi-judicial bodies shall remain effective unless disappro ved by the Supreme Court. 6 . A p p o i n t a l l o f f i c i a l s an d e m p l o y e e s o f t h e J u d i c i a r y i n ac c o r d a n c e w i t h t h e C i v i l Service Law.

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What are the powers of the Supreme Court? o Paragraphs 1 and 2 provide its jurisdiction over the enumerated cases. Paragraphs 3 to 6 provide the auxiliary administrative power of the Supreme Court.

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What is the power of judicial review? o Power to decide on the Constitutionality of applications/operation of presidential Decrees, proclamations, orders, instructions, ordinances and other regulations o Power to decide on treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation

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Is judicial review the totality of judicial power? o No. Judicial review is merely an aspect of the judicial power.

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What are the requisites for judicial review? o The following are: Actual case requiring exercise of judicial power- Court do not decide on  hypothetical/feigned problems or moot and academic cases (with exceptions) Ripeness- determined when the governmental act being challenged  has had a direct adverse effect to the individual challenging it (PACU v. Secretary of Education; Tan v. Macapagal) Locus Standi  Questions of constitutionality should be raised on earliest opportunity  Question of constitutionality should be unavoidable or the very lis mota  (central issue of the case)

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May the court decide on questions of law even in the absence of actual case or controversy? o Yes. There are exceptions to the rule, for instance, lack of clarity creating confusion and is detrimental to public order. (Solicitor General v. Metropolitan Manila Authority)

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What is Locus Standi/Legal Standing? o A personal and substantial interest in the case such that he has sustained or will sustain direct injury as a result of the enforcement of a governmental act. o Other legal standing are those accorded to the members of the Congress and to the taxpayers


25

-

In the absence of “locus standi”, can the Court still decide on the case? o Yes if such case holds paramount interest to the people, constitutional significance, and transcendental importance to the public.

-

What is the political question doctrine? o The court generally does not perform judicial review over political questions.

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What are political Questions? o Questions which, Under the Constitution, are to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the legislative or executive branch of the government (Tanada v. Cuenco) o (Baker v. Carr) Characteristics are: Textually demonstrates constitutional commitment of the issue to a  political department Lack of judicially discoverable and manageable standards for resolving  Impossibility of deciding without an initial policy determination of a  clearly non-judicial discretion Impossibility of undertaking independent resolution without  disrespecting coordinate branch of government There’s unusual need for unquestioning adherence to a political  decision already made Potentiality of embarrassment from multifarious/diverse  pronouncements by various departments on one question

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What are the powers of the courts over appeals or certiorari? o Review, revise, reverse, modify, or affirm

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What is the length of effectivity of temporary assignment of judges of lower courts? o Not exceeding Six months unless there is consent from the concerned judge

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May the legislature promulgate rules that will determine who shall pass the Bar exam or shall issue the average satisfactory grade? o No. Such power is vested only to the Supreme Courts as stated in Sec.5 Par.5

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May the Supreme Court promulgate rules concerning protection and enforcement of constitutional rights? o Yes but it is subject to limitation as follows: There should be Simplified and inexpensive procedure for speedy  disposition. It shall be uniform to all courts of the same grade  They shall not diminish/increase/modify substantive rights. 

-

-

What are substantive rights? o Rights which one enjoys under the legal system prior to the disturbance of normal relations (Bustos v. Lucero)


What are Substantive laws? o Laws that creates, defines and regulates rights which the courts are established to administer. (Bustos v. Lucero)

26

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What are remedial laws? o Prescribes methods of enforcing rights or obtains redress of their invasion. (Bustos v. Lucero)

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What does “Bar” mean? o Collectivity of all those persons appearing in the Roll of Attorneys

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What are Special Courts and Quasi-Judicial Courts? o Special Courts include:  Sandiganbayan Court of Tax Appeals  Shari'a District Courts  Shari'a Circuit Courts  o Examples of Quasi-Judicial Bodies are: NLRC, COMELEC, Committee on Human Rights etc.

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What is the power of Supreme Court over Special Courts and Quasi-Judicial Courts? o SC can invalidate their rules of procedure. However, they themselves develop their own rules not the Supreme Court.

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May the President or the Legislature appoint court officials and employees? o No pursuant to Sec.5 Par. 6, only Supreme Court can do so.

Section 6: The Supreme Court shall have administrative supervision ov er all courts and the p ersonnel thereof.

I s e t o N y U o c i R g a u l a C I I 1

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May the office of the Ombudsman take cognizance of cases involving judges and other court personnel? o NO. The Supreme Court should first determine if administrative aspect is involved in and decide on it before other cases be filed to the Office of the Ombudsman. (Fuentes v. Office of the Ombudsman; Maceda v. Vasquez; Caoibes v. Ombudsman)

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May the Ombudsman proceed with its investigation of judges and court personnel involving acts or omissions appearing to be illegal, unjust, improper or inefficient [pertaining to criminal cases]? o YES [in contrary to the ruling of Fuentes v. Office of the Ombudsman and other precedents] citing the following authorities: Sec. 15 of RA 6770 or the Ombudsman Act of 1989, the clause “…it  may take over, at any stage, from any investigatory agency of Government, the investigation of such cases” Art. XI Section 13, Par.1 of 1987 Constitution 

Section 7: 1 . N o p e r s o n s h a l l b e a p p o i n t e d M e m b e r o f t h e S u p r e m e C o u r t o r an y l o w e r c o l l e g i a t e c o u r t u n l e s s h e i s a n a t u r a l -b o r n c i t i z en o f t h e P h i l i p p i n e s . A M e m b e r o f t h e S u p r e m e C o u r t m u s t b e a t l e as t f o r t y y e a r s o f a g e , a n d m u s t h a v e b e e n f o r f i f t e e n

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y e a r s o r m o r e , a j u d g e o f a l o w e r c o u r t o r e n g a g e d i n t h e p r a c t i c e o f l aw i n t h e Philippines. 2 . T h e Co n g r e s s s h a l l p r e s c r i b e t h e q u al i f i c a t i o n s o f j u d g e s o f l o w e r c o u r t s , b u t n o p e r s o n m a y b e a p p o i n t e d j u d g e t h e r e o f u n l e s s h e i s a c i t i z en o f t h e P h i l i p p i n e s a n d a mem ber of the Philippine Bar. 3 . A M e m b e r o f t h e J u d i c i a r y m u s t b e a p er s o n o f p r o v e n c o m p e t e n c e , i n t e g r i t y , p r o b i t y , and independence.

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What are the Collegiate Courts? o These are courts with more than one member/judge. Supreme Court, Court of Tax Appeals, Court of Appeals and Sandiganbayan

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May the Congress prescribe the qualifications of Justices of the Supreme Court? o No. The provision says only of the lower Courts. The Judicial Bar Council does the said task.

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May the Congress prescribe qualifications of judges of lower collegiate courts? o Yes. Lower Collegiate Courts are also considered Lower Courts

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Are the provision of Sec.7 Par. 1 apply to Judges of Lower Courts? o Yes, but only to lower collegiate courts. Congress prescribes the qualification of judges of lower courts provided that he/she is a citizen of the Philippines and a member of the Philippine Bar.

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May the Congress prescribe qualifications for members of judiciary other than the judges? o NO

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What are the characteristics required by the constitution for members of the judiciary? o competence, integrity, probity, and independence

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Does the qualification in paragraph 3 only apply to lower courts? o No. The phrase “Members of Judiciary” pertains to all court Members from Supreme Court judges to judges of lower courts.

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May the Congress alter the Qualifications of Members of Judiciary? o Yes and No. Congress may not alter qualifications of Supreme Court and Constitutional qualifications of other members. But they can alter statutory qualifications of judges and justices of lower courts.

Section 8: 1 . A J u d i c i a l a n d B a r C o u n c i l i s h e r eb y c r e a t ed u n d e r t h e s u p e r v i s i o n o f t h e S u p r e m e C o u r t c o m p o s e d o f t h e C h i e f J u s t i c e a s ex o f f i c i o C h a i r m a n , t h e S e c r et a r y o f Justice, and a representative of the Congress as ex officio Members, a r e p r e s e n t at i v e o f t h e In t e g r a t e d B a r , a p r o f e s s o r o f l a w , a r e t i r e d M e m b e r o f t h e S u p r e m e C o u r t , a n d a r e p r e s en t a t i v e o f t h e p r i v a t e s e c t o r . 2 . T h e r e g u l a r m e m b e r s o f t h e Co u n c i l s h a l l b e a p p o i n t e d b y t h e P r es i d e n t f o r a t e r m o f f o u r y e ar s w i t h t h e c o n s e n t o f t h e C o m m i s s i o n o n A p p o i n t m e n t s . O f t h e M e m b e r s f i r s t a p p o i n t e d , t h e r e p r e s e n t at i v e o f t h e In t e g r a t e d B a r s h a l l s e r v e f o r f o u r y e ar s , t h e p r o f e s s o r o f l a w f o r t h r e e y ea r s , t h e r e t i r e d J u s t i c e f o r t w o y e a r s , and the representative of the priv ate sector for o ne year.


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3 . T h e Cl e r k o f t h e S u p r e m e C o u r t s h a l l b e t h e Se c r e t ar y e x o f f i c i o o f t h e C o u n c i l a n d s h a l l k e e p a r ec o r d o f i t s p r o c e e d i n g s . 4 . T h e r eg u l a r M e m b e r s o f t h e C o u n c i l s h a l l r e c ei v e s u c h e m o l u m e n t s a s m a y b e d e t e r m i n e d b y t h e S u p r e m e C o u r t . Th e S u p r e m e C o u r t s h a l l p r o v i d e i n i t s a n n u a l b u d g e t t h e ap p r o p r i a t i o n s f o r t h e C o u n c i l . 5 . T h e Co u n c i l s h a l l h av e t h e p r i n c i p a l f u n c t i o n o f r e c o m m e n d i n g a p p o i n t e e s t o t h e j u d i c i ar y . It m ay ex er c is e s u c h o t h er fu n c ti o n s an d d u t ies as th e Su p r em e Co u r t m ay assign to it.

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Who appoints Judges and Justices? o The Judicial and Bar Council

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Are all the members of Judicial and Bar Council appointed by the President? o NO. There are ex-officio (by virtue of position) members namely: Chief Justice, DOJ Secretary, Representative of Congress and Clerk of Supreme Court as the ex-officio Secretary of the JBC, who are not anymore appointed. S/He can only appoint a representative of the Integrated Bar, a professor of law, a retired Member of the Supreme Court, and a representative of the private sector. Their terms are described in par. 2 Sec.8

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May the President appoint officials of the Supreme Court other than the Justices and Judges? o NO. Pursuant to Sec.6 of this Article, the Supreme Court has the power to do the appointments of other judicial officials.

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Does the Congress appropriate a separate annual budget for the Judicial and Bar Council? o No. Par. 4 states that the budget for the Council will come from the annual budget appropriated by the Congress for the Supreme Court.

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What house of Congress does its representative in JBC originate? o Current practice is it comes from both houses but each gets a half vote. The Constitutional Convention contemplated having a legislature that is a unicameral body before that is why only one representative comes from the Congress.

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Aside from recommending appointees, may the JBC hold any other function? o Yes. Recommending appointees is their principal function. They could have other Functions and duties but the Supreme Court should assign such.

S e c t i o n 9: T h e M e m b e r s o f t h e S u p r e m e C o u r t a n d j u d g e s o f l o w e r c o u r t s s h a l l b e a p p o i n t e d b y t h e P r e s i d e n t f r o m a l i s t o f a t l e a s t t h r e e n o m i n e es p r e f e r r e d b y t h e J u d i c i a l a n d B a r C o u n c i l f o r e v e r y v a c a n c y . Su c h a p p o i n t m e n t s n e e d n o c o n f i r m a t i o n . F o r t h e l o w e r c o u r t s , t h e P r es i d e n t s h a l l i s s u e t h e a p p o i n t m e n t w i t h i n n i n e t y days from the subm ission of the list.

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Is it necessary for the appointment of The Members of the Supreme Court and judges of lower courts be confirmed by the Commission on Appointment? o No. The Judicial and Bar Council does the screening of the nominees, which is similar to the function performed by the Commission on Appointment.


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o

The rationale of creating JBC is to remove politics from appointments of judges and justices. [although does not manifest in reality]

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What is the process of appointment of Justices and Judges? o Applications are submitted to the Judicial and Bar Council. The Council Screens the applicants. A final list of three nominees for every position is submitted to the President for appointment/decision.

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When does the 90 day limit of he president begin for the submission of appointments of lower court judges? o Upon the submission of the list of the JBC

Section 10: The salary of the Chief Justice and o f the Ass ociate Justices of th e Supreme Court, and of judges of lower cour ts shall be fixed by law. During the c o n t i n u a n c e i n o f f i c e , th e i r s a l a r y s h a l l n o t b e d e c r e a s e d .

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May the Congress pass a law standardizing the salary of the judges and justices? o No, during their continuance of office. However, the Congress may alter benefits or any other emoluments after their retirement.

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May the Congress pass a law standardizing the salary of judicial officials other than justices and judges? o Yes, given that no constitutional provision prohibits such act

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Is the salary of the Judges and Justices subject to tax impositions? o Yes [contrary to the ruling in Endencia v. David and Perfect v. Meer], the true intent of the framers was to make the salaries of the judiciary taxable. (Nitafan v. Commissioner of Internal Revenue)

S e c t i o n 1 1: T h e M em b e r s o f t h e S u p r e m e C o u r t a n d j u d g e s o f t h e l o w e r c o u r t s h a l l h o l d o f f i c e d u r i n g g o o d b e h a v i o r u n t i l t h e y r e a c h t h e ag e o f s e v e n t y y e ar s o r b e c o m e i n c a p a c i t a t ed t o d i s c h a r g e t h e d u t i e s o f t h e i r o f f i c e . T h e S u p r e m e C o u r t e n b a n c s h a l l have the power to discipline judges of low er courts, or order their dismis sal by a vote o f m a j o r i t y o f t h e M em b e r s w h o a c t u a l l y t o o k p a r t i n t h e d e l i b er a t i o n s o n t h e i s s u e s i n the case and voted in th ereon.

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What does “good behavior” mean? o Free from administrative charges/ free from constitutional grounds for impeachment

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Who determines “good behavior” of judges of lower courts? o Only the Supreme Court since they alone can order dismissal of the judges of lower courts.

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Who decides for the disciplinary actions for judges of lower courts? o Codal provision says: The Supreme Court sits in en banc in all disciplinary cases in all lower courts including collegiate courts. o [Contrary answer to the above answer is the ruling of People v. Gacott by Justice Regalado] Disciplinary actions are decided in en banc only if penalty is dismissal of a judge, disbarment of lawyer, suspension of either for more than one year or a fine exceeding 10,000 pesos.


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May the Congress or the President decide on the incapacity to discharge duties of a judge or a justice? o No. Although the Constitution is silence about it, such function is part of the overall administrative power which the Supreme Court has over its Members and over all members of the Judiciary. (Sec.6 Art. VIII)

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May the president order the removal of a judge or justice? o No, they are removed only by impeachment

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Who can Impeach Justices? o Only Congress

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What is the compulsory retirement age of Members of Judiciary? o 70 years of age. (Similar to 1935 and the 1980 amendment of the 1973 Constitution)

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Does the doctrine of De La Llana v. Alba stand given provisions of Sec.2 and Sec.11 of Art.VIII of 1987 Constitution? o Yes. Since the case mentions that, the reorganization does not undermine security of tenure. This is a situation where there was logically no removal of office because it implies that an office exist after the ouster. No office means no guarantee of security of tenure was undermined.

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What is the scope of Security of tenure? o Guarantees not just against actual removal but also of uninterrupted continuity of tenure (Vargas v. Rilloraza)

S e c t i o n 1 2: M e m b e r s o f t h e S u p r e m e C o u r t a n d o f o t h e r c o u r t s e s t a b l i s h e d b y l a w shall not be designated to any agency performin g quasi-judicial or administrative function.

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Given the provision, can the Members of the Supreme Court and of other courts be designated to agencies performing quasi-legislative function if established by law? o There is no such agency performing quasi-legislative function.

S e c t i o n 1 3: T h e c o n c l u s i o n s o f t h e S u p r e m e C o u r t i n a n y c a s e s u b m i t t e d t o i t f o r t h e d e c i s i o n e n b a n c o r i n d i v i s i o n s h a l l b e r e a c h ed i n c o n s u l t a t i o n b e f o r e t h e c a s e t h e c a s e as s i g n e d t o a M e m b e r f o r t h e w r i t i n g o f t h e o p i n i o n o f t h e C o u r t . A c e r t i f i c a t i o n t o t h i s e f f e c t s i g n e d b y t h e C h i e f J u s t i c e s h a l l b e i s s u e d a n d a c o p y t h e r e o f a t t ac h e d t o the record of the case and served upon t he parties. Any Mem ber who to ok no part, or d i s s e n t e d , o r a b s t a i n e d f r o m a d e c i s i o n o r r e s o l u t i o n m u s t s t a t e t h e r ea s o n t h e r e f o r . T h e s a m e r e q u i r e m e n t s s h a l l b e o b s e r v e d b y a l l l o w e r c o l l e g i at e c o u r t .

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Does Section 13 apply to judges of RTC’s and MeTC’s/MTC’s? o NO. These courts are single member courts and not Collegiate courts.


Does the absence of certification invalidate a decision? o No. Regular performance of duty is presumed. Such Absence of certification would only be a ground for holding the official responsible for such omission.

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What is the rationale of requiring explanation of non participation or abstention? o To encourage participation

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Aside from explanation of abstention or non-participation, what else encourages participation form Judges? o The requirement that each dissent must state the reason for such o This requirement also acknowledges the fact that dissents sometimes becomes the majority opinion.

S e c t i o n 1 4: N o d e c i s i o n s h a l l b e r e n d e r ed b y a n y c o u r t w i t h o u t e x p r e s s i n g t h e r e i n c l e ar l y and distinctly the facts and the law on wh ich it is based. N o p e t i t i o n f o r r e v i ew o r m o t i o n f o r r e c o n s i d e r a t i o n o f a d e c i s i o n o f t h e c o u r t s h a l l b e r e f u s e d d u e c o u r s e o r d e n i e d w i t h o u t s t a t i n g t h e l e g a l b a s i s t h e r ef o r e .

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Should a denial for Motion for Reconsideration or Petition for Review clearly and distinctly state the facts? o No. Resolutions like for petitions and motions, only require legal basis. For instance, the court could issue a Minute resolution (resolution rendered within the day of petition)

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When is the provision of Sec.14 Par.1 applied? o Only for rendering decisions and not for resolutions.

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What are decisions? o Final determination made by a court of the substantive issues brought for resolution o Happens after filing briefs/memoranda or all other pleadings

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Is the termination by a military tribunal with simply a verdict of guilty or not guilty a violation of this provision? o No because the military tribunal is not a court of record within the meaning of this provision

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Will the failure of the court to state the contentions of the appellant and the reason for refusing to believe them, mean an infringement of this provision? o No, so long as the decision contains necessary facts to warrant its conclusions. Law insists the stating of essential ultimate facts only. (Air France v. Carrascoso)

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What is the effect of failure to follow rule on contents of decision? o It would be grounds for disciplinary action for lower courts and impeachment for Supreme Court Members.

Section 15: 1 . A l l c a s e s o r m a t t e r s f i le d a f t er t h e ef f e c t i v i t y o f t h i s C o n s t i t u t i o n m u s t b e d e c i d e d o r r e s o l v e d w i t h i n t w e n t y -f o u r m o n t h s f r o m d a t e o f s u b m i s s i o n f o r t h e S u p r em e Court, and, unless reduced by th e Supreme Court, twelve mon ths for all lower c o l l e g i a t e c o u r t s , an d t h r e e m o n t h s f o r a l l o t h e r l o w e r c o u r t s . 2 . A c a s e o r m a t t e r s h a l l b e d e em e d s u b m i t t e d f o r d e c i s i o n o r r e s o l u t i o n u p o n t h e f i l i n g o f t h e l as t p l e a d i n g , b r i e f , o r m e m o r a n d u m r e q u i r e d b y t h e R u l e s o f C o u r t o r by th e court itself.


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Constitutional Law 1 Codal Notes and Reviewer

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