Constitutional Law I Notes (Atty. J.G. Arcilla Class)

Philippine Political Law
Isagani Cruz 2014 ed
Atty J.G. Arcilla's class

Chapter 1: General Considerations

1. Scope of the Study

Political law – branch of public law which deals with the organization
and operations of the governmental organs of the state and defines its
relations of the state with the inhabitants of its territory.

Constitutional law 1 – study of the structure and powers of the
government of the Republic of the Philippines. It also deals with certain
basic concepts of political law, such as the nature of the state, the
supremacy of the constitution, the separation of powers, and the rule of
the majority.

2. Necessity for the Study

It is a required subject
Every citizen should understand the mechanics and motivations of
his government – "sovereignty resides in the people and all
government authority emanates from them."
Succes of the Philipine Republic depends on the active involvement
in public affairs of every Filipino citizen.
Fundamental law provides that all educational institutions shall
include the the study if the constitution

3. Basis of the Study

The principal basis is the 1987 Philippine Constitution
Statutes, executive orders, decrees, judicial decisions, political
events where purposes of law are applied or misapplied – especially
decisions that have been applied in toto or with modifications in
the new constitution, 1935 and 1973 which served as its working
draft, US constitution, relevant rulings of its SC, Bill of Right
which have been incorporated in the present const.
Important provisions of law are, as a general rule, interpreted in
the light of their understanding in the country of origin

4. Background of the Study

Philippine Independence from Spain proclaimed on January 21, 1899
Emilio Aguinaldo – 1st president of the Malolos Republic

Malolos Republic – the first democratic constitution promulgated in
Asia, parliamentary system but with president and not prime
minister
Treaty of Paris – December 10, 1898 – provided for the cession of
the Philippines from Spain to US
During the US colonization – military government
Schurman Commission – First Philippine Commission – make a fact
finding survey and submit appropriate recommendations to the US
congress
Spooner Amendment – civil government was established with William
Howard Taft as first governor
Philippine Bill of 1902 - Philippine Assembly was created in 1907
to sit with the Philippine Commission in a bicameral legislature
with Sergio Osmena as speak until its dissolution in 1916
In that year, Philippine Autonomy Act aka Jones Law was
establishing the Philippine Legislature with Manuel Quezon and
Sergios Osmena elected as president and speaker; it continued until
1935
November 15, 1935 – Commonwealth Government was inaugurated with
Quezon as president and Osmena as vice.
Tydings-Mcduffie Act – promised independence for Filipinos if they
could prove their capacity for democratic government during a ten-
year transition period
Second Republic – Jose P Laurel as president during the Japanese
occupation
July 4, 1946 – Philippine independence from US, US withdrew and
Roxas also asserted freedom of the Filipino people and proclaimed
the Republic of the Philippines.
Constitutional Convention of 1971 was convoked and started
deliberations at the height of th unrest, due to the near anarchic
system corrupted on the one-hand by the decadent must haves and
discontented have nots. Conditions continued to deteriorate until
pent up resentments of people ended in mass demonstrations, some of
them violent, some parliament of the strets
September 21,1972 – President Marcos issued Proclamation No. 1081
placing the entire Philippines under martial law
November 30, 1972 - -draft of the 1973 Constitution was formally
approved by the Constitutional Convention and
January 10-15 series of meetings were held and submitted to the
Citizens Assemblies for for ratification
January 17, 1973 – Marcos issued Proclamation No 1102 in which he
announced that Constitution of 1973 has been ratified by an
overwhelming majority of people and had thus become effective
Ratification Cases and Habeas Corpus Cases - issue of the validity
of the 1973 Constitution were raised which were dismissed by the
Supreme Court
January 17, 1981 – Marcos issued Proclamation No 2045 lifting
martial law but retained what he called his "standby legislative
powers" under several decrees promulgated earlier such as the
National Security Code and Public Order Act
1985 – Marcos submitted a questionable resignation that was to be
effective on the 10th day of the Snap elections
Philippine Bar Association v Commission on Elections – election was
challenged on the ground that the vacancy contemplated in Art VII
Section 9 which would justify the call of a special presidential
election before the expiration of Marcos term in 1987 was supposed
to occur before an not after the said election. Supreme Court
denied the petition and sustained the resignation and the call
February 7, 1986- snap electioins was held – resulted in the
proclamation of Marcos and his running mate, amid charges of
wholesale irregularities by the ruling party and followed by mass
demonstrations
February 22, 1986 – Defense Minister Enrile and Gen Ramos began
what is known as the people power revolution which led to the
ouster of Marcos and replacement of Corazon Aquino and vice pres
laurel as as he running mate were inducted on Feb 25, 1986.
Freedom Constitution – one of the first acts of Aquino,
promulgation of a provisional constitution which was to be inforce
pending the adoption f a new constitution to be drafted by the
Constitutional Commission wich she also created.
Constitutional Commission – approved the draft of the new charter
which was submitted to the people at a plescite held on February 2,
1987 and was ratified.
Chapter 2: The Constitution of the Philippines

2.1 Definition

Constitution – "body of rule and mazims in accordance with which the powers
of sovereignty are habitually exercised" (Cooley)

Justice Malcom (with particular reference to the Philippine)– "the written
instrument enacted by direct action of the people by which the fundamental
powers of the government are established, limited, and defined, and by
which those powers are distributed among the several departments for their
safe and useful exercise for the benefit of the body politic"

2.2 Essential Qualities of a good Written Constitution

a. broad – not only because it provides for the organization of the
entire government and covers all persons and things within the
territory of the state but more so because it is supposed to embody
the past, reflect the present, an anticipate the future. It should be
comprehensive enough to provide for every contingency.
b. Brief – it should be brief and confine itself to basic principles to
be implemented with legislative details more adjustable to change and
easier to amend.
c. Clear – it should be clear lest ambiguity in its provisions result in
confusion and divisiveness among the people, and perhaps even physical
conflict.

2.3 Essential Parts of A Written Consitutiion

a. constitution of liberty – consists of a series of prescription setting
forth the fundamental civil and political rights of the citizens and
imposing limitations on the powers of government as a means of
securing the enjoyment of those rights – Article III, II, IV, V, and
XII
b. constitution of government – consists of a series of provisions
outlining the organization of the government, enumerating its powers,
laying down certain rules relative to its administration and defining
the electorate. Articles VI to XI of the Constitution
c. constitution of sovereignty – consists of provision pointing out the
mode or procedure in accordance with which formal changes in the
fundamental law may be brought about. Article XVII of the Const.

2.4 Supremacy of the Constitution

basic and paramount law to which all other laws must conform and to
which all persons, including the highest officials of the land must
defer.
No act shall be valid no matter how noble its intentions if it
conflicts with the constitution
It must remain supreme and all must bow to the mandate of this law
Right or wrong, the constitution must be upheld as long as it has not
been changed by the sovereign people lest its disregard result in the
usurpation of the majesty of law by the pretenders to illegitimate
power.

2.5 Interpretation of the Constitution

Should be read in accordance with the usual rules on interpretation
and construction
Interpreted in such a way as to give effect to the intendment of the
framers through the document itself or through extrinsic aids –
records of the constitutional convention
Constitution must change with the changing times lest it impede the
progress of the people with antiquated rules grown ineffective in a
modern age.
"The political or philosophical aphorism of one generation is doubted
by the next, and entirely discarded by the third. The race moves
forward constantly, and no canute can stay its progress."
In case of doubt, the constitution should be considered as self-
executing rather than non self-executing; mandatory rather than
directory; prospective rather than retrospective

Self-executing provision – is a rule by itself is directly or indirectly
applicable without need of statutory implementation, an example is the bill
of rights

Non self-executing provision – is one that remains dormant unless it is
activated by legislative implementation. An example is Article II section 4
, Article IV Section 3, providing Philippine citizenship may be lost or
reacquired.

2.6 Effectivity of the 1987 Constitution

De Leon v Esguerra – Based on the court's ruling, by virtue of of the
provision of Article 18 Section 27 of the 1987 Constitution that " it shall
take effect immediately upon ratification by a majority of votes in a
plebiscite for the purpose. It thus took effect on Feb 2, 1987, the date of
its ratification in the plebiscite held on the same date. The act of
ratification is the act of voting by the people so that is the date of
ratification the canvass thereafter was merely the official declaration.

2.7 Amendments and Revisions
Iron rules – provisions of the constitution which are not maleable to
judicial interpretation (Cooley)

2.7.1 Distinction between amendment and revision

Lambino v Comelec – Lambino Group's initiative position changes the 1987
Constitution by modifying Sections 1-7 of Article VI (Legislative),
Sections 1-4 of Article VII (Executive), and by adding article XVIII
entitled Transitory provisions. The proposed changes will shift from a
bicameral-presidential government to a unicameral-parliamentary form of
government.

Amendment – isolated or piecemeal change only / an alteration of one or a
few specific provisions of the Constitution

Revision – a revamp or rewriting of the whole instrument / an examination
of the entire Constitution to determine how and to what extent it should be
altered. A revision implies substantive change, affecting the Constitution
as a whole.

2.7.2 Steps in Amendment/Revision

a. Proposal

Congress – through a ¾ vote; or may call a constitutional convention
through a 2/3 vote of all members of Congress

Constitutional convention – Congress will pass the implementing laws
providing for the details of the concon; as long as it exists and
confines itself within the sphere of its jurisdiction it is considered
independent and co-equal with other departments of government

People's initiative through a petition of at least 12% of the total
number of registered voters, represented by at least 3% per district

RA 6735 – the implementing law of Article XVIII – The Initiative and
Referedum Act

b. ratification – revisions can be made by the following
Constitutional Convention
Congress

2.7.3 Judicial Review of Amendments

Question of the validity of the adoption of amendments to the
constitution is now subject to judicial review

Chapter 3: The Concept of State

State – a community of persons, more or less numerous, permanently
occupying a fixed territory, possessed of an independent government
organized or political ends which the great body of inhabitants render
habitual obedience.
A legal concept
Nation – a racial or ethnic concept

Elements of State

1. People – inhabitants of the state; numerous and self-sufficient enough
to defend themselves but small enough to be easily administered and
sustained
Common language
Common religion
Common set of customs and traditions to unite them into an entity
called nation

BJE (Bangsamoro Juridical Entity) – proposed agreement cannot be reconciled
with the present constitution and laws.

Associated state – used as a transitional device of former colonies on
their way to full independence.

2. Territory – fixed portion of the surface of the earth inhabited by the
people of the state.
Aerial
Terrestrial
Maritime
Fluvial

Archipelago Doctrine – under which we connect the outermost points with
straight baselines and consider all the waters enclosed thereby as internal
waters. The entire archipelago is regarded as one integrated unit instead
of several thoursand islands. As for our territorial seas, these are
defined in the Jamaica Convention on the Law of the Seas, ratified in 1994,
of which the Philippines is a signatory.

RA 9522 (amending RA 3046) – to make RA 3046 compliant with the provisions
of UNCLOS III re the determination of water-land ratio, length, and contour
of baselines".

UNCLOS – multilateral treaty of sea use rights of maritime zones
Plays no role in the acquisition, enlargement, or diminution of
territories.
States acquire or lose through occupation, accretion, cession, and
presription.

3. Government – agency or instrumentality which the will of the state os
expressed and realized.
Our constitution requires a democratic and republican government

3.1 Functions

Constituent – constitute the very bonds of society and are therefore
compulsory; these are
a. peace and order
b. fixing legal relations between the family members
c. regulation of properties
d. determination of contractual rights
e. definition and punishment of crimes
f. administration of justice in civil cases
g. administration of political duties, privileges and relations of
citizens
h. dealings of state with foreighn powers

Ministrant function – those undertaken to advance the general
interests of society, such as public works, public charity, regulation
of trade and industry

***In the Philippines, constituent and Ministrant functions are not
relevant because of the laissez faire policy of the Constitution***

Parens patriae – guardian of the rights of the people.

De jure gov't – has a rightful title but no power or control, either
because it has been withdrawn from it or it has not yet come into exercise
thereof.

De facto gov't – government of fact; exercises control or power but without
legal title.

1. gets possession or control, by force or by the voice of majority, the
rightful legal govt and maintains itself against the will of the latter
such as govt of England under the Commonwealth and later by Cromwell as
protector

2. Established as an independent government by the inhabitants of a country
who rise in insurrection against the parent state; such as NPA against the
govt.

3. Established and maintained by military forces who invade and occupy a
territory of the enemy in the course of war. (Japanese occupation during
World War II)

Government of the Philippines – the corporate government entity through
which the functions of government are exercised throughout the Philippines;
including, save as the contrary appears from the context, the various arms
through which political authority is made effective in the Philippines
whether pertaining to autonomous regions, provinces, cities,
municipalities, barangays, subdivisions, or other LGUs.

Administration – group of people whose hands the reins of government are
for the time being.

Sovereignty – supreme and uncontrollable power inherent in a state by which
that state is governed.

Legal – power to issue final commands
Political – power behind the local sovereign or sum of the influences
that operate upon 1. internal, 2. External

Acts of State – act done by the sovereign power of a country, or by its
delegate, within the limits of the power vested in him.
Cannot be questioned or made subject by legal proceedings in a court
of law.

Chapter 4: The Doctrine of State Immunity

Basis Art XVI Section 3 - the state may not be sued without its consent"
Impairment of its dignity
Demands and inconveniences of litigation will divert the time and
resources of the state from the more pressing matters demanding the
state's attention, to the prejudice of the public welfare

Doctrine of Non-suability – based on the logical and practical ground that
there can be no legal right against the authority which makes the law on
which the right depends.

Immunity of Foreign States – the doctrine is also available to foreign
states insofar as they are sought to be sued in the courts of the local
state.
par in parem non habet imperium – a state cannot asser jurisdication over
another as to do so would "unduly vex the peace of nations"
sovereign equality of states

Jurii imperii – doctrine of state immunity is applicable to sovereigh or
governmental activities
Exception:
Exercie of eminent domain when done without payment of just compensation

Jurii gestionis – doctrine of state immunity is not extended to commercial,
private, and proprietary acts

Restrictive theory – immunity of the sovereign is recognized only with
regard to public acts or jure imperii of a state but not with regard to
private acts or jurii gestionis

Applicable only when the proceedings arise out of the foreign
sovereign, its commercial activities or economic affairs as the state
has descended down to the level of an individual and can thus be
deemed to have tacitly given its consent to be sued only when it
enters into business contracts.

Classical or Absolute theory – a sovereign cannot, without its consent, be
made a respondent in the courts of another sovereign

Application

Actions are rarely instituted directly against the state
To avoid the appearance of its involvement, the usual practice is to
file a suit against the officer of the government who is supposed to
dicharge the responsibility or grant the redress demanded
It is important to determine if the state is the real part in
interest, that is if the claim if proved will be a direct liability of
the state and not merely of the officer impleaded.

Garcia v Chief of Staff – plaintiff file for damages claim for injuries
sustained by plaintiff while undergoin military training as required by
law was actually a suit against the state since it would need the
appropriation of public funds to satisfy the judgment if the claim were
allowed

Festejo v Fernando – the Director of Public Works and Highway took over
the without authority the property belonging to the plaintiff and
constructed thereon a public irrigation canal. The SC held that the
action was filed against the defendant in his own personal capacity and
was therefore not covered by state immunity.

***Where the plea of immunity is recognized and affirmed, it is the duty
of the courts to accept this claim so as not to embarrass the executive
arm of the government I conducting the country's foreign relations.***
Waiver of Immunity

the doctrine is also called the "royal prerogative of dishonesty"

the state does not always avail itself of this rule to take undue
advantage of parties that may have legitimate concerns against it.

Forms of Consent

1. Express Consent – manifested either through a general or a special law
must be duly embodied in an enacted statute and may not be given by
mere consel of the government.

2. Implied consent – is given when a state itself commences litigation or
when it enters into a contract

Act No. 3083 – the government of the Philippine Islands hereby consents
and submits to be sued upon any moneyed claim involving liability arising
from a contract, express or implied, which could serve as a basis of
civil action between private parties.

CA No. 327 as amended by PD 1445 – a claim against the government must
first be filed against the Commission on Audit, which must act upon it
within sixty days. Rejection of the claim will authorize the claimant to
elevate the matter to the Supreme Court on certiorari and in effect sue
the state with its consent.

Based on equitable grounds is the rule that when the state itself files a
complaint, the defendant is entitled to file a counterclaim against it.

When the state itself, gives its consent to be sued, it does not thereby
also consent to the execution of judgment against it. The rule is that
such execution shall require another waiver, lacking which the decision
cannot enforce upon the state.

Suit Against Government Agencies

Where suit is filed not against the government itself or its officials,
but against one of its entities, it must be ascertained, whether or not
the state, as the principal that may ultimately be liable, has give its
consent to be sued. This will depend in the first instance on whether the
government agency impleaded is incorporated or unincorporated.

Incorporated agency – has a charter of its own that invests it with a
separate juridical personality, like the SSS, City of Manila, and UP.

Test of suability is in its charter
It is suable if the charter says so regardless of its functions

Unincorporated agency – has no separate juridical personality but is
merged in the general machinery of the government, like the DOJ, Bureau
of Mines.

Test is not available since there is no charter and no separate
juridical personality
It is necessary to determine the nature of the functions in which
the agency is engaged, so as to hold it suable if they are
proprietary and not suable if they are governmental.

Exemptions from Legal Requirements

When the state litigates, either directly or through its officers, it
is not required to put up a bond for damages, or an appeal bond since
it can be assumed it is always solvent

Exeption: does not apply to government-owned or controlled corporations
because they may have legal personalities distinct from their
shareholders.

While the state is the major stockholder of a GOCC, will always be
presumed solvent, the presumption does not necessarily extend to the GOCC
itself.

A GOCC sued in relation to its governmental functions may be under,
appropriate circumstances exempted from the payment of appeal fees.

Suability vs. Liability

The mere fact that the state is suable does not mean that it is
liable, or
Waiver of immunity by the state does not mean concession of its
liability.
When the state allows itself to be sued, all it does in effect is to
give the other party an opportunity to prove, if it can, that the
state is liable.

Suability – the result of the express or implied consent of the state to be
sued.
Liability – determined after hearing on the basis of the relevant laws and
the established facts.

Chapter 5: Fundamental Principles and State Policies

Deals with Article II of the Constitution – it lays down the rules
underlying our system of government and must therefore be adhered to
in the conduct of public affairs and the resolution of public issues.
An enlargement and is some sections modifications of the 1973
Constitution Article II.
Its purpose is to emphasize and articulate more unequivocally the
objectives and limitations of governmental action in pursuit of the
general goals announced in the preamble
Most provisions are mere legislative guides and which absent enabling
legislation, do not embody enforceable constitutional rights. Ex
Section 4 and 26
Republicanism – a republic is a representative government, a new
government run by and for the people. It is not pure democracy where
people govern themselves directly.
Its purpose is to promote the common welfare according to the will
of the people themselves.
The ascendancy of law is axiomatic in a republic and must be
recognized by every public official no matter how exalted
The will is determined by the rule of the majority such as the
election

A. Essence of Republicanism

1. representation – the selection by the citizenry by a corps of public
functionaries who derive their mandate from the people and act on
their behalf, serving for a limited period only, after which they are
replaced or retained at the option of their principal
2. renovation

B. Defense of the State

Section 4 – The prime duty of the government is to serve and protect the
people. The government may call upon the people to defend the state and, in
the fulfillment thereof, all citizens may be required, under conditions
provided by law, to render personal military service.

Based on the inherent right of the state to its existence and self-
preservation.
By virtue of this right, the state may take up all necessary action
including the use of armed force, to repel any threat to its security.

C. Peace and Order

Section 5 The maintenance of peace and order, the protection of life,
liberty, and property, and the promotion of the general welfare are
essential for the enjoyment by all the people of the blessings of
democracy.

D. The Incorporation Clause

Doctrine of Incorporation - Every state by reason of its membership in the
family of nations, bound by the generally accepted principles of
international law, which are considered to be automatically part of its own
laws.

a. transformation method – requires that an international law be
transformed into a domestic laaw through constitutional mechanism such
as local legislation.
Example: treaties
b. Incorporation method – applies when by mere constitutinal declaration,
international law is deemed to have the force of domestic law.

Generally accepted principles of international law such as
renunciation of war, due process, principle of sovereign
immunity, and pacta sunt servanda – used as means for
interpretations
In case of conflict between international law and municipal law,
1.) efforts should first be exerted to harmonize them as to give
effect to both, 2) between former and latter law, later law
shall prevail

Province of North Cotabato vs RP Peace Panel :

right to self-determination pertains to the right of states to freely
pursue their political status and freely pursue economic, social, and
cultural development

internal self-determination – refers to a people's pursuit of its
political, economic, social, and cultural development within the
framework of an existing state

external self-determination – provides for the establishment of a
sovereign and independent state, the free association or integration with
an independent state or the emergence into any other political status
freely determined by a people.

C. Rearing of the Youth – Section 12 and Section 13

D. Women – Section 14

E. Social Justice – one of the most serious problem of the nation is the
acute imbalance between the rich and the poor resulting in divisiveness and
hostility among them.

To alleviate their plight, to give those with less privileges in life more
privileges in law.

F. Separation of Church and State

Section 6 -- Separation of church and state shall be inviolable
The idea is to delineate boundaries between the two institutions and
thus avoid encroachments against the other because of a
misunderstanding of the limits of their respective exclusive
jurisdictions.
A union of state tends to destroy government and degrade religion
It is not a wall of hostility; the role of religion is deeply felt and
highly appreciated by the state.

G. Supremacy of Civilian Authority

Section 3 – Civilian authority is at all times supreme over the military.

The military is the physically strongest single institution and has the
capacity and might wrestle power from the constituted authorities. To avoid
this, Article VII Section 18 provides that the president, a civilian shall
be the commander in chief.

H. Locall Autonomy

Section 25 – the state shall ensure the autonomy of local governments
Based on the Jeffersonian view that municipal corporations are the
small republics from which the great one derives its strength.
Vitalization of the LGU will enable its inhabitants to develop their
resources and thereby contribute to the progress of the whole nation.

I. Economy

The below provisions are to be read in consonance with specific provisions
of Article XVII.

Section 19 – state shall develop a self reliant and indepent economy
effectively controlled by the Filipinos

Section 20 – recognizes the role of the private sector encourages private
enterprise and provides incentives to needed investments.

Section 21 – the state shall promote comprehensive rural development and
agrarian reform

Chapter 6: Separation of Powers
Article VI 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 the initiative and
referendum.
Article VII Section 1
The executive power shall be vested in the President of the Philippines.

Article VIII Section 1
The judicial power shall be vested in the Supreme Court and in such lower
courts as may be established by law.
Judicial power includes the duty of the courts of justice to settle
actual controversies involving rights which are legally demandable and
enforceable, and to determine whether or not there has been a grave abuse
of discretion amounting to or lack or excess of jurisdiction on the part
of any branch or instrumentality of the Government.

A. Definition

Justice Laurel in Angara v Electoral Commission

The principle of separation of powers refers to the constitutional
demarcation between the three fundamental powers of government.

Ordains that each of the three great branches of government has exclusive
cognizance of and is supreme in matters falling within its own
constitutionally allocated sphere.

B. Purpose:

Prevent a concentration of authority in one person or group of persons
that might lead to an irreversible error or abuse in its exercise to
the detriment of our republican institutes.
Intended to secure action, forestall overaction, prevent depotism, and
obtain efficiency
Interdependence is the keynote of conduct (Justice Laurel)

C. Blending of Powers

The President shall submit to the Congress within thirty-days from the
opening of every regular session, as the basis of the general
appropriations bill, a budget of expenditures and sources of financing,
including receipts from existing and proposed revenue measures.
Article VI Section 29(1)
No money shall be paid out of the Treasury except in pursuance of an
appropriation made by law.
The Electoral Tribunals and the Commission on Appointments shall be
constituted within thirty days after the Senate and the House of
Representatives shall have been organized with the election of the
President and the Speaker. The Commission on Appointments shall meet only
while the Congress is in session, at the call of its Chairman or a
majority of all its Members, to discharge such powers and functions as
are herein conferred upon it.

Article IX-C Section 2(4)
Deputize with the concurrence of the President, law enforcement agencies
and instrumentalities of the Government, including the Armed Forces of
the Philippines, for the exclusive purpose of ensurng free, orderly,
honest, peaceful, and credible elections.

When powers are not confined exclusively within one department but are in
fact assigned to or shared by several departments.

Difficult in classiying some of them as definite legislative,
executive or judicial
The great ordinances of the constitution do not establish and divide
fields of black and white"
It is often necessary for certain powers to be reposed in more than
one department so that they may better collaborate with and, in the
process, check each other for the public good. Example is the GAA.

D. Checks and Balances
Every bill passed by Congress shall, before it becomes a law, be
presented to the President. If he approves, the same he shall sign it;
otherwise, he shall veto it and return the same with his objections to
the House where it originated, which shall enter the objections at large
in its Journal and proceed to reconsider it. If, after such
reconsideration, two-thirds of all the Members of such House agree to
pass the bill, it shall be sent, together with the objections, to the
other House by which it shall likewise be considered, and if approved by
two-thirds of all the members of the House, it shall become a law. In all
such cases, the votes of each house shall be determined by yeas or nays,
and the names of the Members voting for or against shall be entered in
its Journal. The President shall communicate his veto of any bill to the
House where it originated within thirty days after the date of receipt
thereof, otherwise, it shall become a law as if he had signed it
Except in cases of impeachment, or as otherwise provided in this
Constitution, the President may grant reprieves, commutations, and pardons,
and remit fines and forfeitures, after conviction by final judgment.
No treaty or international agreement shall be valid and effective unless
concurred in by at least two thirds of all members of the Senate
Judicial power includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and
of discretion amounting to or lack or excess of jurisdiction on the part of
any branch or instrumentality of the Government.
The Congress shall have the power to define, prescribe, and apportion the
jurisdiction of the various courts but may not deprive the Supreme Court of
its jurisdiction over cases enumerated in Section 5 hereof.
(1) The Supreme Court shall be composed of a Chief Justice and fourteen
Associate Justices. It may sit en banc, or in its discretion, in division
of three, five, or seven Members. Any vacancy shall be filled within 90
days from the occurrence thereof.
(2) In all cases involving the constitutionality of a treaty, international
or executive agreement, or law which shall be heard by the Supreme Court en
banc, and all other cases which under the Rules of Court are required to be
heard en banc, or those involving the constitutionality, application, or
operation of presidential decrees, proclamations, orders, instructions,
ordinances, and other regulations, shall be decided with the concurence of
a majority of the members who actually took part in the deliberations on
the issues in the case and voted thereon.
(3) Cases or matters heard by a division shall be decided or resolved with
the concurrence of a majority of the members who actually took part in the
deliberations on the issues in the case and voted thereon, and in no case,
without the concurrence of at least three of such Members. When the
required number is not obtained, the case shall be decided en banc:
Provided, that no doctrine or principle of law laid down by the court in a
decision rendered en banc or in division may be modified or reversed except
by the court sitting en banc.

Belgica v Ochoa (Separation of Powers)-As a rule, the budgeting power
lies in Congress. It regulates the release of funds (power of the purse).
The executive, on the other hand, implements the laws – this includes the
GAA to which the PDAF is a part of. Only the executive may implement the
law but under the pork barrel system, what's happening was that, after
the GAA, itself a law, was enacted, the legislators themselves dictate as
to which projects their PDAF funds should be allocated to – a clear act
of implementing the law they enacted – a violation of the principle of
separation of powers. (Note in the older case of PHILCONSA vs Enriquez,
it was ruled that pork barrel, then called as CDF or the Countrywide
Development Fund, was constitutional insofar as the legislators only
recommend where their pork barrel funds go).

Check and balance – by means of which one department is allowed to resist
encroachments upon its prerogatives or to rectify mistakes or excesses
committed by the other departments.

Doctrine of implication – based on the theory tht the grant of an express
power carries with it all other powers tht may reasonably inferred from it.

d. Role of the Judiciary
sees to it that the constitutional distribution of powers among the
several departments are respected and observed
when the SC mediates, it upholds not its own supremacy but the
supremacy of the constitution
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 the initiative and
referendum.
The executive power shall be vested in the President of the Philippines.
Judicial power includes the duty of the courts of justice to settle
actual controversies involving rights which are legally demandable and
of discretion amounting to or lack or excess of jurisdiction on the part
of any branch or instrumentality of the Government.
Article XI Section 3
The House of Representatives shall have the exclusive power to initiate all
cases of impeachment
No treaty or international agreement shall be valid and effective unless
concurred in by at least two thirds of all members of the Senate.
Angara v Electoral Commission

e. Justiciable v Political Question

Justiciable question – "implies a given right, legally demandable and
enforceable, an act or ommission violative of such right, and a remedy
granted and sanctioned by law for said breach of right." (Justice Makasiar
in Casibang v Aquino)

Political question – a question of policy, refers to questions, which under
the constitution are to be decided by the people themselves in their
sovereign capacity or in regard to which full discretionary authority has
been given to the executive or legislative branch of the government. It is
concerned with issues dependent upon the wisdom, not legality of a
particular measure.

Chapter 7: Delegation of Powers

Corollary to the rule of non-delegation of powers is the rule potestas
delegata non delegari potest – what has been delegated cannot be
delegated
It is based on the ethical principle that such delegated power
constitutes not only a right but a duty to be performed by the
delegate through the instrumentality of his own judgment and not
through the intervening mind of another.
A further delegation, unless permitted by the sovereign power,
constitutes not only a negation of his duty in violation of the trust
reposed in the delegate mandated to discharge it directly.
Applicable to all three major powers of the government
Delegation of powers has become a rule in legislative department and
non-delegation an exemption because of:
a. increasity complexity of the task of government
b. growing inability of the congress to cope directly with the many
problems demanding its attention

A. Permissible Delegation

1. delegation of tariff powers to the president
2. delegation of emergency powers to the president
3. delegation to the people at large
4. delegation to local governments
5. delegation to administrative bodies

1. Tariff Powers Article VI Sec 28(2) – the president is granted standby
or flexible tariff powers in the Tariff Customs Code and in the said
provision.

Power to fix tariff rates, import, and export quotas, and other taxes

Reason: necessity not to say expediency, to allow chief executive to act
immediately on certain matters affecting the national economy lest its
delay result in hardship to the people.

2. Emergency Powers Article VI Section 12

The president becomes an agent of legislature
Like a dictator but the conferment is subject to restrictions
and requirements 1) there must be a war or national emergency 2)
limited period of time 3) must be subject to restrictions as the
congress may prescribe 4) must be exercised to carry out a
national policy declared by Congress

3. Delegation to the People

"the prevailing doctrine in the courts appear to be, that, except in
those cases where, by the constitution, the people have expressly
reserved to themselves a power of decision, the function of the
legislation cannot be exercised by them, even to the extent of accepting
or rejecting a law which has been framed for their consideration."
(Justice Cooley)

Referendum – method of submitting an important legislative measure to a
direct vote of the whole people.
power of the electorate to approve or reject a legislation through
an election for the purpose. (Article XII Sec 2)
Plebiscite – decree of the people; questions submitted are intended to
work more permanent changes in the political structure, like a proposal
to amend the constitution.
device to obtain a direct popular vote on a matter of political
importance, but chiefly in order to create some more or less permanent
political condition.

4. Delegation to the Local Governments (Section 16 & 19 of the Local
Government Code 1991)

Based on the recognition that local legislatures are more
knowledgeable than the national lawmaking body on matters of purely
local concern, and are therefore in a better position to enact the
necessary and appropriate legislation thereon.

Grant of authority to prescribe local regulations, according to
immemorial practice, subject, of course to the interposition of the
superior in cases of necessity.

According to the power of eminent domain and general welfare clause,
the police power have been expressly delegated by the legislature to
the local lawmaking bodies. Their power of taxation is derived
directly from the Constitution subject to limitations prescribed by
Congress

5.Delegation to Administrative bodies (Cruz v Youngberg 56 Phil 234)

Cruz v. Youngberg (56 Phil. 234). The law involved here prohibited th
eentry into the country of foreign cattle, which had been determined by the
Philippine Legislature as the cause of a rinderpest epidemic that had
killed many of the local livestock. The same law, however, authorized the
Governor-General to lift the prohibition, with the consent of the presiding
officers of the lawmaking body, if he should ascertain after a fact-finding
investigation that there was no longer any threat of contagion from
imported cattle.

6. Tests of Delegation

Delegation must be circumbscribed by legislative restrictions, not a
"roving commission" that will give the delegate unlimited legislative
authority.
It must not be a delegation "running riot" and "not canalized within
banks" that keep it from overflowing".
To be a valid exercise of subordinate legislation, the regulation must
be germane to the objects and purposes of the law
Not in contradiction to but in conformity with the standards
prescribed by law.

(1) The Completeness Test

Ideally, 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 enforce
it.
A law is complete when it sets forth therein the policy to be executed
, carried out or implemented by the delegate.
If there are gaps in the law that will prevent its enforcement unless
they are first filled, the delegate will then have the opportunity to
step into theshoes of the legislature and to exercise a discretion
essentially legislative in order to repair the omiission, this would
be invalid legislation.

United States v. Ang Tang Ho, a law authorized the Governor-General
"whenever, for any cause, conditions arise resulting in extraordinary rise
in the price of palay, rice or corn, to issue and promulgate, with the
consent of the Council of State, or standard to guide the provincial boards
in the exercise of their discretionary power. What is granted to them is a
roving commission which enables the provincial boards to exercise arbitrary
discretion. The applicability and application of the probation Act are
entirely placed in the hands of the provincial boards with no standard or
rule to guide them. This is a virtual surrender of legislative power to
them."

(2) the sufficient standard test

Even if the law does not spell out in detail the limits of the delegate's
authority, it
may still be sustained if the delegation of the legislative power is made
subject to a
sufficient standard.

A sufficient standard is intended to map out the boundaries of the
delegate's
authority by defining the legislative policy and indicating the
circumstances under whichit is to be pursued and effected. The purpose of
the sufficient standard is to prevent a totaltransference of legislative
power from the lawmaking body to the delegate.
Chapter 8: The Legislative Department

Superceded Batasang Pambansa

Legal basis – Article VI Section 1

Discharges powers of non-legislative nature, among them the canvass of
presidential elections

1. canvass of presidential elections (Art VII Sec 4)

2. declaration of the existence of a state of war (Art VI Sec 23(2)

3. confirmation of amnesties (Art VI Sec 19)

4. through Commission on Appointments confirm presidential appointments
(Art VII Sec 16)

5. the amendment or revision of the constitution (Art XVII)

6. impeachment (Art XI)

I. Senate

A. Composition of the Senate – Section 2 "the senate shall be composed of
twenty four senators who will be elected at large by the qualified voters
of the Philippines, as may be provided by law."

This rule intends to make the senate a training ground for national leaders
and possibly a springboard for presidency.

The senator having a national constituency rather than district
constituency will have a broader outlook of the bigger problems f the
country instead of being restricted by parochial viewpoints and narrow
interests. The senate is likely to be broadminded and circumspect than the
House of Representatives.

B. Qualifications (Section 3) No person shall be a senator unless he is a
natural born citizen of the Philippines, and on the day of the election, is
at least thirty five years of age, able to read and write, a registered
voter, and a resident of the Philippines for not less than 2 years
immediately preceding the day of the election.

Article IV Section 2 "natural born citizens are those who are citizens of
the Philippines from birth without having to perform any act to acquire or
perfect their Philippine citizenship. Those who elect Philippine
citizenship in accordance with Paragraph 3, Section 1 shall be deemed
natural born citizens."

Residence – place where one habitually resides and to which, when he is
absent, he has the intention of returning. (Lim v Pelaez); to be understood
not in its common acceptation referring to dwelling or habitation but
rather to

domicile or legal residence - the place where one actually or constuctively
has his permanent home, where he, no matter where he may be found at any
given time, eventually intends to return and remain.

According to the SC, this denotes a fixed permanent residence which,
whenever absent for business or pleasure, or some other reasons, one
intends to return. It is a question of intention and circumstances.

1. one must have a residence or domicile somewhere

2. when once established it remains until a new one is acquired;
and

3. a man can have but one residence or domicile at a time

The residency requirement is aimed at excluding outsiders from taking
advantage of favorable circumstances existing in that community for
electoral gain. It defeats the purpose of representation: to elect through
the assent of voters those most cognizant and sensitive to the needs of the
community. Officials of districts of localities should not only be
acquainted with the metes and bounds of their constituencies but they
should know their constituencies and the unique circumstances of their
constituents which can only be acquired through residency in the
constituency to be represented.

The purpose of residency requirement is best met by people who have either
had actual residence in the area for a given period or who have been
domiciled in the same area either by origin or by choice.

The above is the reason why Senate and members of the house of
representatives must be natural born citizens not only at the time of
election but during their entire tenure.

Expressio unius est exclusio alterius – one thing is the exclusion of the
other – with the result that it is not competent for Congress to provide by
mere legislation for additional qualification no matter how relevant they
may be.

Substantive constitutional limitations of Congress are found in the Bill of
Rights, and other provisions such as Art VI Sec 3.

B. Term (Article VI and Article XVIII)

Section 4. "The term of office of the senators shall be six years and shall
commence, unless otherwise provided by law, at noon on the thirtieth day of
June next following their election."

Section 2 The Senators, Members of the House of Representatives, and the
local officials first elected under this Constitution shall serve until
noon of June 30, 1992.

Of the Senators elected in the election in 1992, the first twelve obtaining
the highest number of votes shall serve for six years and the remaining
twelve for three years.

Senate = continuing instution – as it is not dissolved as an entity with
each national election or change in the compositionof its members; power to
punish for contempt does not cease upon the periodical dissolution of
congress.

Acts separately and independently of the Senate of the Congress before it

Not a continuing body - All pending matters and proceedings ie. Unpassed
bills, and even legislative legislations, of the Senate of a particular
Congress are considered terminated upon the expiration of that Congress;

II. The House of Representatives

Legal Basis:

1.) Composition

Section 5 . 1.) The House of Representatives shall be composed of not more
than two hundred fifty members, unless otherwise fixed by law, who shall be
elected from legislative districts apportioned among provinces, cities, and
the metropolitan manila area in accordance with the number of their
respective inhabitants, and on the basis of a uniform and progressive
ratio, and those who, as provided by law, shall be elected through a party-
list system of registered national, regional, and sectoral parties or
organizations.

2.) The party-list representatives shall constitute twenty percent of the
total membership of the House of Representatives. For three consecutive
terms after the ratification of this constitution, one-half of the seats
allocated to party-list representatives shall be filled, as provided by
law, by selection or election from the labor, peasant, urban poor,
indigenous cultural communities, women, youth and such other sectors as may
be provided by law, except the religious sector.

3.) Each legislative ditrict shall comprise, as far as practicable,
contigous, compact and adjacent territory. Each city with a population of
at least two hundred fifty thousand, or each province, shall have at least
one representative.

4.) Within three years following the return of every consensus, the
Congress shall make a re-apportionment of legislative districts based on
the standards provided in this section."

A. Distict Representatives – elected directed and personally from the
territorial unit he is seeking to represent.

Thirteen regions, in turn comprising 200 districts apportioned among
the provinces, cities, and Metro Manila in accorance with the number
of inhabitants

Guaranty against gerrymandering – the arrangement of districts in such a
way as to favor the election of preferred candidates (usually re-
electionists) through the inclusion therein only of those areas where they
expect to win, regardless of the resultant shape of such districts

an apportionment of representative districts so contrived as to give
an unfair advantage to the party in power.

Authority for the view of a legislative apportionment measure is a
justiciable question since it involves certain requirements, the
interpretation of which does not call for the exercise of legislative
discretion

The basis for districting is the number of inhabitants of a particular
city or province and not based on the number or registered voters.
(Herrera v COMELEC)

250,000 minimum population requirement applies only to cities and not
provinces, and also to the creation of additional legislative
districts for cities or for provinces.

The Muslim Mindanao Autonomy Act – authorizing the government of the
ARMM to create provinces and cities, has been considered
unconstitutional because the power to create them belongs to Congress
– they may create barangays and municipalities.

B. Party-list representatives – chosen indirectly, through the party he
represents, which is the one voted for by the electorate. The party list
system is an innovation of the 1987 Constitution and its wisdom and
efficacy are still both doubted and challenged to this day.

consists 20% of the total membership of the body

rules for the selection of the party-list representatives are embodied
in RA 7941 – enforced for the first time in the 1998 elections

Section 3 definition

Party list system – a mechanism of proportional representation in the
election of representatives to the House of Representatives from national,
regional, and sectoral parties or organizations or coalitions thereof
registered with the Commission on Elections (COMELEC). Component parties or
organizations of a coalition may participate independently, provided the
coalition of which they form does not participate in the party-list system.

Intended to democratize political power by giving political parties
that cannot win in legislative district elections a chance to win
seats in the House of Representatives. It is not synonymous with
sectoral representation.

Submission is not later than 90 days, a verified petition by its
president or secretary for its participation attaching a copy of its
constitution, by laws, platform, and list of officers, and such other
relevant information as may be required by COMELEC. Petition shall be
pulished in a newspaper of general circulation, after due notice of
hearing, be resolved within 15 days and in no case later than 60 days
before the election.

Upon registration, the political group shall submit to the COMELEC not
later than 45 days before the election, at least 5 names from which
its representatives may be chosen

Under the law, the names of the party-list nominees shall not be shown
on the certified list of participants in the party list system to be
distributed by COMELEC but it has been ruled that it is COMELEC's
constitutional duty to disclose and release the names of the nominees
of the party list groups.

Only persons who have given their consent in writing may be name as
party list candidates and in one list only. Persons who lost in the
preceding election are ineligible.

Party list nominee must also be a bona fide member of the party or
organization

o To be a bona fide party list in the case of sectoral parties
means one must either belong to the sectoral represented, or
have a track record of advocacy for such sector.

o A nominee of the youth sector (Sec 9) must be at least twenty-
five but no more than thirty years of age on the day of the
election.

Atong Paglaum v COMELEC (parameters for participation in the party-list
system consistent with Section 5(1); the system provides for three
different groups:

1, national parties or organizations

2. regional parties or organizations

3. sectoral parties or organizations.

Thus:

1. Three different groups may participate in the party-list system: (1)
national parties or organizations, (2) regional parties or organizations,
and (3) sectoral parties or organizations.
2. National parties or organizations and regional parties or organizations
do not need to organize along sectoral lines and do not need to represent
any "marginalized and underrepresented" sector.
3. Political parties can participate in party-list elections provided they
register under the party-list system and do not field candidates in
legislative district elections. A political party, whether major or not,
that fields candidates in legislative district elections can participate in
party-list elections only through its sectoral wing that can separately
register under the party-list system. The sectoral wing is by itself an
independent sectoral party, and is linked to a political party through a
coalition.
4. Sectoral parties or organizations may either be "marginalized and
underrepresented" or lacking in "well-defined political constituencies." It
is enough that their principal advocacy pertains to the special interest
and concerns of their sector. The sectors that are "marginalized and
underrepresented" include labor, peasant, fisherfolk, urban poor,
indigenous cultural communities, handicapped, veterans, and overseas
workers. The sectors that lack "well-defined political constituencies"
include professionals, the elderly, women, and the youth.
5. A majority of the members of sectoral parties or organizations that
represent the "marginalized and underrepresented" must belong to the
"marginalized and underrepresented" sector they represent. Similarly, a
majority of the members of sectoral parties or organizations that lack
"well-defined political constituencies" must belong to the sector they
represent. The nominees of sectoral parties or organizations that represent
the "marginalized and underrepresented," or that represent those who lack
"well-defined political constituencies," either must belong to their
respective sectors, or must have a track record of advocacy for their
respective sectors. The nominees of national and regional parties or
organizations must be bona-fide members of such parties or organizations.
6. National, regional, and sectoral parties or organizations shall not be
disqualified if some of their nominees are disqualified, provided that they
have at least one nominee who remains qualified.
Those disqualified per Section 6 of RA 7941 are the following:
1. religious sects
2.those which advocate violence or unlawful means to seek their goal
3. foreign parties
4. parties which receive support funding from the any foreign government or
political party
5. those which violate or fail to comply with laws, rules or regulations
relating to election laws
6. those which declare untruthful statements in their petitions
7. those which have ceased to exist for at least one year
8. thse who have failed to participate in the last two preceding elections
The enumeration of marginalized and under-represented sectors in
Section 5 is not exclusive; the crucial element is whether it complies
with the requirements of the constitution and RA 7941
Section 8 of RA 7941 – no change of names or alterations shall be allowed
after the same shall have been submitted to the COMELEC except in cases
where 1. nominee dies, or 2. withdraws in writing his nomination, or 3.
becomes incapacitated, in which case the name of the substitute nominee
shall be placed last in the list.

Every voter shall be entitled to 2 votes, the first for the candidate
for member of the House of Representatives and second for the party,
organization or coalition he wants represented
The participants in the party list system shall be ranked according to
the number of votes they received, with those getting at least 2% of
the total votes cast for the system being entitled to one seat each.
None of them shall have more than 3 seats.
The COMELEC shall tally all the votes for the participants, rank them
according to the number of votes received, and allocate party-list
representatives proportionately according to the percentage of votes
obtained.

Chapter 9: POWERS OF CONGRESS

Legislative power – the power of lawmaking, the framing, and the enactment
of laws effected through the adoption of a bill, or a proposed or projected
law, which, once approved, becomes a statute. It includes the power to
alter and repeal laws.

Legislative power
o appropriation
o taxation, expropriation
o power to grant immunity of prosecution
o power to define crimes and their nature, and to provide for
punishment
Non-legislative power
o the power to canvass presidential elections
o declare a state of war
o give concurrence to treaties and amnesties
o propose constitutional amendments
o impeachment
Implied – punish contempt in legislative investigations
Inherent – determination of rules of proceedings, and the discipline
of its members.

Limits to Congress powers:
It cannot pass irrepealable laws
Cannot provide for the holdover of elective officers if the same
would go beyond their terms
Cannot create new term and effectively appoint the occupant of the
position for the Congress and an unconstitutional intrusion into
the constitutional appointment power of the President.

Statute – "written will of the legislature, solemnly expresed according to
the forms necessary to constitute it the law of the state."
Laws have no retroactive effect, unless the contrary is provided.
Statutes can be given retroactive effect when the law itsef so
expressly provides
o remedial statutes
o curative statutes
o laws intepreting others
o in case of laws creating new rights

Datu Michael Abas Kida v Senate of the Philippines – According to SC, laws
that do not change or revise any provision in an earlier law, and which
merely fill in gaps or supplement said earlier law, cannot be considered as
amendments of the latter.

Procedure in the Approval of Bills

A bill is introduced by any member of the House of Representatives or
the Senate except for some measures that must originate only in the
former chamber

First Reading – involves reading of the number and title of the measure,
and referral to the appropriate committee for study
o Bill may be killed in the committee or it may be recommended for
pubic hearing either with or without amendments
o If there are other bills of the same nature, they may be
consolidated into one bill under common authorship or as a
committee bill
Second Readng – once reported out, it shall be calendared for second
reading where it will be scrutinized, debated upon, and amended when
desired. The most important stage in the passage of the bill.
o If approved on second reading, it is printed in its final form and
copies thereof distributed at least three days before the 3rd reading

Third Reading – members merely register their votes and explain them if
they are allowed by the rules. No further debate is allowed.

o If bill passes 3rd reading, it is sent to the other chamber where it
will also undergo 3 readings
o If there are differences in the versions approved by the two chambers,
it will be reviewed by the conference committees of the two houses.
o It shall be sent to the president for consideration.

Bills originating from House of Representatives (Art 6 Sec 24):

o Enrolled bill – when printed as finally approved by Congress,
thereafter aunticated with the signatures of the Senate President, the
Speaker, and the secretaries of their respective chambers, and
approved by the president.
o Appropriation bill – the primary and specific purpose of which is to
authorize the release of funds from the public treasury.
o Revenue bill – one that levies taxes and raises funds for the
government
o Tariff bill – speficies the rates or duties to be imposed on imported
articles
o A bill increasing public debt – illustrated by one floating bonds for
public subscription redeemable after a certain period
o A bill of local application – one involving purely local or municipal
matters, like the charter of a city
o Private Bills – illustrated by a bill granting honorary citizenship to
a distinguished foreigner

****Senate may amend by substitution, which may entirely replace the bill
initiated in the House of Representatives
Prohibited Measures

1.)impairing the doctrine of separation of powers
2.)providing for the appointment of elective officers
3.)specific provisions in the Bill of Rights such as
o ex post facto laws
o bill of attainders
o laws impairing the obligation of contracts
4.)no law granting title of royalty or nobility (Art 6 Sec 31) in violation
of Art II Sec 1
5.)no law shall be passed increasing appelate jurisdiction of the SC as
provided in the constitution without its advice and concurrence (Art 6 Sec
30)
6. No bill shall be passed by either house shall become a law unless it has
passed 3 readings on separate days, and printed copies thereof in its final
form have been distributed to its members. (Art 6 Sec 26(2)).

Title of Bills

o expresses the general subject and all the provisions are germane to
that general subject
o Comprehensive enough to include subject related to the general purpose
which the statute seeks to achieve
o Does not need to be an index of its contents and will suffice if the
matters embodied are relevant to each other and may be inferred from
the title.
o An title which declares a statute to be an act to amend a specific
code is sufficient and need not be further stated.
o Must not be so uncertain that the average person readng it would not
be informed of the purpose of the enactment or put inquiry as to its
contents, or which is misleading, either in referrin to or indicating
one subject where another or different one is really embraced in the
act, or in omitting any expression or indication of the real subject
or scope of the act.

Art 6 Sec 26: Every bill passed by the Cogress shall embrace only one
subject which shall be expressed in the title thereof.

Purpose:

1. To prevent hodgepodge or log-rolling legislation defined as any act
containing several subjects dealing with unrelated matters
representing diverse interests, the main object of such combination
being to unite the members of the legislature who favor any one of the
subjects in support of the whole act."
2. To prevent surprise or fraud upon the legislature
3. To fairly apprse the people through such publications of its
proceedings as are usually made, of the subjects of legislation that
are being considered in order that they may have an opportunity of
being heard thereon, by petition or otherwise, if they should so
desire.

Conference Committee – composed of representatives from Senate and House
of Representatives, which is a "mechanism for compromising differences"
between their respective versions of a bill or a joint resolution.
o It is within its power to include in its report an entirely new
provision that is not found in either House bill or Senate bill
o Whatever changes agreed need not undergo three readings in
Senate and HR. Art 6 26(2)

Approval of Bills (Art 6 Sec 27)

3 methods which a bill becomes a law:

1. when the president signs it;
2. when the president vetoes it but the veto is overridden by2/3 members
of all the members of each house; and
3. when the president does not act upon the measure within 30 days after
it shall have been presented to him

Rule on presentment – every bill passed by Congress must be presented to
the president for approval or veto. In the absence of presentment to the
president, no bill passed by Congress can become a law.
o In this sense, law-making becomes a joint act of the legislature
and the executive.
o Under this principle, a provision that requires congress or its
members to approve the implementing rules of a law after it has
already taken effect shall be unconstitutional, as is a
provision that allows congress to overturn any directive or
ruling made by members of the executive banch charged with the
implementation of the law – legislative veto which would be
violative on the rule of separation of powers.

Power of oversight – intrinsic in the grant of legislative power itself and
integral to the checks and balances inherent in a democratic system of
government

o embraces all activities undertaken by the Congress to enhance its
understanding of and influence over the implementation of legislation
it has enacted. It concerns post-enactment measures undertaken by
Congress to:

a. monitor bureacratic compliance with program objectives
b. determine whether agencies are properly administered
c. to eliminate executive waste and dishonesty
d. to prevent execuutive usurpation of legislative authority; and
e. to assess executive conformity with the congressional perception of
public interest

Categories of Congressional Oversight:

1. Scrutiny – purpose is to determine economy and efficiency of the
operation of government activities.
2. Congressional investigation – scrutiny involves passive process of
looking at the facts that are readily available while investigation
involves a more intense digging of facts (art 6 Sec 21)
3. Legislative supervision – connotes a continuing and informed awareness
of the part of a congressional committee regarding executive
operations in a given administrative area. Allows congress to
scrutinize the exercise of delegated law-making authority, and permits
congress to retain part of that delegated authority.

Legislative veto – statutory provision requiring the president or an
administrative agency to present the implementing rules and regulations of
a law to Congress which, by itself or through a committee formed it, it
retains a right or power to approve or disprove such regulations before
they take effect.

Arnault v Nazareno. The petitioner was ordered incarcerated by the Senate
until such a time as he decided to answer certain relevant questions put to
him in connection with the investigation of a government transaction.
It was also held in this case that the questions that may be raised
in a legislative investigation do not necessarily have to be relevant to
any pending legislation, provided only that they are relevant to the
subject matter of the investigation being conducted.

Appearance of Department Heads:

Section 21 v Section 22 – Question Hour

The power given to the President by the Commonwealth Constitution to
prevent the appearance of his secretaries before the Congress has not been
retained in the Constitution.

The Power of Appropriation Article 6 Sec 29 – "no money shall be paid out
of the Treasury except in pursuance of an appropriation made by law"

Appropriations

Appropriation measure – a statute the primary and specific purpose of which
is to authorize the release of funds from the treasury, eg the public works
act and the appropriations act.
a. General – intended to provide for the financial operations of the
entire government during one fiscal period
b. special – designed for a specific purpose, such as the creation of a
fund for the relief of typhoon victims

Implied Limitations

a. devoted be to a public purpose
b. sum authorized must be determinate or at least determinable

Constitutional Limitations / Specific Limitations

a. should originate from the House of Representatives
b. Congress may not increase the appropriations reccommended by the
President for the operation of the government as specific in the
budget
c. Form, content, and manner of the budget shall be prescribed by law.
d. No provision shall or enactment shall be embraced in the general
appropriations bill unless it relates specifically to some particular
appropriation therein.
e. Procedure in approving Congress's appropriation shall strictly follow
the procedure in approving the appropriation of the departments and
agencies.
f. No law shall be passed authoring the transfer of any appropriations.
However, the following may augment items in the general appropriations
law for their respective offices in relation to savings in other
items:

1. President
2. Senate President
3. House Speaker
4. Chief Justice
5. Heads of Constitutional Commissions

Guidelines : Should be for public purpose, supported by appropriate
vouchers, and subject to guidelines as may be prescribed by law.

doctrine of qualified agency – official acts of a department secretary are
deemed acts of the president unless disapproved or reprobated by the
latter.

Appropriations for Sectarian Purposes : Article 6 Sec 29(2)

General Limitations – cannot appropriate funds directly or indirectly, in
favor of
1. churches, sects, sectarian institution or system of religion
2. priest, preacher, minister, religious teacher or dignitary
Except if assigned to:
1. penal institution
2. government orphanage
3. armed forces
4. leprosarium

Automatic re-appropriation if congress does not pass the GA bill at the end
of the fiscal year, previous GAA shall be deemed reenacted.

Chapter 10: The Executive Department

**main motivation of the framers of the 1987 Constitution was to prevent
the recurrence of another despot like Marcos.

Executive Power – the power to enforce and administer the laws. (Art VII
Sec 1)

Qualifications (Art VII Sec 2)

Natural born citizen
Registered voter – connotes possesion of the qualifications for
suffrage as enumerated in Art V Sec 1
Able to read and write
At least 40 on the day of the election
Resident of the Phils for at least ten years immediately preceding
election – to ensure close touch by the President with the country of
which he is to be the highest official and familiarity with its
conditions and problems for his to discharge his duties effectively.

Rule of Interpretation is expressio unius est exclusion alterius- the
express mention of one person, thing or consequence implies exclusion of
all others.

Art VII Sec 4 – basis on the conduct of the canvass of election returns and
the proclamation of the winners.

1. returns of election for president and vice-pres certified by the board
of canvassers of each city or province shall be transmitted to
Congress
2. it shall be directed to the Senate president
3. Upon receipt, the senate president shall, not later than 30 days after
election, open all certificates in the presence of the senate and
house of representatives in joint public session
4. the congress, upon determination of the authenticity and due execution
in the manner provided by law shall canvass the votes
5. in case 2 or more shall have equal number of votes, one of them shall
be chosen by majority vote of all members of Congress, voting
separately
6. congress shall promulgate its rules for the canvassing
7. SC sitting en banc shall be the judge of all contests relating to
election, returns, and qualifications of the pres and vice pres, and
may promulgate its rules for the purpose

Macalintal v PET – legality of PET was challenged, petitioners assailed its
constitutionality, as an illegal authority progeny of Sec 4 of Art VII,
that PET exercises quasi judicial functions in contradiction with Art VIII
Sec 12 that members of the SC may not be designated to any agency
performing quasi-judicial or administrative function.

SC explained that portion of Sec 4 designated it as the sole judge of all
presidential and vice pre electional contests is an innovation of the 1987
constitution.

Art VII Sec 4 – prescribes the term for the pres and vice

Presidential Succession

Section 7 (death or permanent disability of the pres)

The vice shall assume the position of pres in the following cases:

1. If pres elect fails to qualify, vice shall assume office
until pres elect qualifies
2. If pres shall not have been chosen, vice assumes office
until a pres shall have been chosen and qualified
3. If beginning of term, pres dies or becomes permanently
disabled, vice elect becomes pres

Oath of office – the taking of oath of office by the president elect marks
his formal assumption of duties. Prescribed oath is under Sec 5.
Not a source of substantive power but merely intended to deepen
the pres sense of responsibility and ensure a more conscientious discharge
of his duties.

Prerequisites and Inhibitions (Art VII Sec 6)(Sec 13)

Prohibition in the change of salary either by reduction or increase during
their term is meant to prevent the legislature from "weakening their
fortitude by appealing to their avarice or corrupting their integrity by
operating on their necessities"

**emoluments – refers to compensation received for services rendered or
from possession of an office. Defined as the profit arising from office or
employment, that which is received as compensation for services, or which
is annexed to the possession of office , as salary, fees and prerequisites;
advantage, gain, public or private.

This means that pres cannot accept other employment elsewhere, whether in
the government or private, he must confine himself to the duty of his
office

In the case of the vice pres, he may be appointed to the Cabinet but may
not received additional compensation because of the express prohibition in
the said provision.

Executive Privilege – "the power of the government to withhold information
from the public, the courts, and the Congress" or "right of the president
and high level executive branch officersto withhold information from the
Congress, courts, and ultimately the public"

a. conversations and correspondences
b. military, diplomatic and other national security matters
c. information between intergovernment agencies prior to the
conclusion of treaties and and executive agreements
d. discussions in closed cabinet door meetings e. matters involving
national security and public order

1.Informer's privilege – privilege of the government not to disclose the
identity of a person or persons who furnish information on violations of
law to officers charged with the conferment of law

2.Privilege accorded to presidential communications – presumed privilege
without distinguishing between those which involve matters of national
security and those which do not. Applies to decision making of the
president rooted in the principle of separation of powers. The protected
information must relate to a quintessential and non-delegable executive
power such as executive agreements.

3.Deliberative process privilege – covers documents reflecting advisory
opinions, recommendations, and deliberations comprising part of a process
by which governmental decisions and policies are formulated

4, diplomatic negotiations privilege – meant to encourage a free exchange
of exploratory ideas between the negotiating parties by shielding such
negotiations from public view.

** doctrine of command responsibility – the president, as commander in
chief of the AFP, can be held liable for affront against the petitioner's
rights to life, liberty and security as long as there is substantial
evidence showing that she had involvement or knowledge of the violations
and failed to conduct the necessary investigations according to the rules.

Presidential Immunity – the president during his term of office or actual
incumbency may not be sued in any civil or criminal case, there is no need
to provide for it in the constitution
Reason:
1. degrade the dignity of the office
2. he be freed from harrassment, hindrance or distraction in the
performance of his duties

Chapter 11: Powers of the President

Executive power is more than the sum of specific powers so enumerated.

Inherent powers:
1. conduct peace negotiations with rebels
2. authority to choose whom immunity is to be granted – constituent part
of the executive function
3. ordinance powers allows her to issue the following:
a. executive orders – acts of the president providing for rules of
a general or permanent character in implementation or execution
of constitutional or statutory powers
b. administrative orders – acts which relate to particular aspects
of governmental operations in pursuance of his duties as
administrative head
c. proclamations – acts fixing a dateor declaring a statusor
condition of public moment or interest upon the existence of
which the operation of a specific law or regulation is made to
depend, shall have the force of an executive order
d. memorandum orders – acts on matters of administrative detail or
of subordinate or temporary interest concerning a particular
officer or office of the government
e. memorandum circulars – acts relating to internal administration
of all or some of the departments, agencies, bureaus or offices
of governement for information or compliance
f. general or special orders – acts and commands in his capacity as
commander in chief of the AFP

I. Appointing Power (Art 16)

selection by the authority vested with the power, of an
individual who is to exercise the functions of a given office
act of designation by the appointing officer, body or board, to
whom that power has been delegated, of the individual who is to
exercise the function of a given office.
Essentially an executive in nature, and the legislature may not
interfere with the exercise of this power except in those
instances when the Constitution expressly allows it to
interfere.
Essential a discretionary power and must be performed by the
officer in which it is vested according to his best lights, the
only condition being that the appointee should possess the
qualificatins required by law. (Luego v CSC)

**Commission – the written evidence of an appointment

a. permanent appointments – extended to persons possessing the requisite
eligibility and are thus protected by the constitutional provisions on
security of tenure.
b. Temporary appointments – given to persons without such eligibility,
are revocable at will and without the necessity of just cause or a
valid investigation. They are extended upon the understanding that the
appointing power has not yet decided on a permanent appointee and that
temporary appointee may be replaced at any time a final choice shall
have been made by the president

Designation – imposition of additional duties, usually by law, on a person
already in public service by virtue of an earlier appointment. It does not
entail payment of additional benefits

Categories of Officials subject to appointing power of the President:

1. Heads of executive department
2. Ambassadors, other public ministers and consuls
3. Officers of the AFP from the rank of colonel or naval captain
4. Those officer whose appointments are vested in him by the Constitution
5. All other officers of the government whose appointments are not provided
for by the law.
6. Those whom he may be authorized by law.

Steps (Regular):

1. nomination by the pres
2. confirmation which is the prerogative of the Commission on Appointments
3. Issuance of the commission

Ad interim appointment – appointment comes before the confirmation, which
is made by the Commission when it reconvenes following legislative recess.
This is made during the recess and becomes effective then, subject to
confirmation or rejection later, during the next legislative session.

Considered permanent appointment because it takes effect immediately and
can no longer be withdrawn by the president once the appointee has
qualified into office. The constitution itself makes its character
permanent.

Intended to prevent hiatus in the discharge of official duties.

Does not Constitute term of office:

through inaction by the Commission we when it fails to act on the same
until the next adjournment of Congress
Difference (Regular v Ad Interim)

"Regular "Ad Interim "
"Made during "Made during recess "
"legislative session "Made before "
"Appointment is made "confirmation "
"only after "Ceases to be valid "
"nomination is "if disapproved by "
"confirmed by the "the Commission or "
"Commission on "upon next "
"Appointments "adjournment of "
"Once made by the "Congress "
"Commission continues" "
"until the end of the" "
"term of the " "
"appointee " "

Limitations on the Appointment Power

Art VII Sec 14 Appointments extended by an acting President shall remain
effective unless revoked by the elected president within 90 days from his
assumption of office (may be ratified by mere inaction during 90days)

Sec 15 Two months before the next presidential elections and up to the end
of his term, a president or acting president shall not make appointments
except temporary to executive positions when continued vacancies therein
will prejudice public service or safety.

II. Removal Power

Derived from the express power of appointment; the president derives
the implied power of removal
Not all appointed by him are also removable by him such as members of
the SC and the Constitutional Commission where removed only through
impeachment as prescribed by the Constitution (Art XI)
Removal becomes illegal if the president did not comply with the
administrative procedure
Exception: appointment of Cabinet members may be removed with or
without just cause

III. Control Power (Art VII Sec 17)

The president shall have control of all the executive departments,
bureaus and offices. He shall ensure that laws are faitfully executed.

Self- executing power

Control – the power of an officer to alter or modify or nullify or set
aside what a subordinate officer had done in the performance of his duties
and to substitute the judgment of the former for that of the latter.
Includes authority to order the doing of an act y a subordinate or to
undo such act or to assume a power diretly vested in him by law

Supervision – overseeing or the power or authority of an officer to see
that subordinate officers perform their duties. If the latter fail or
neglect to fulfill them, then the former may take such action or steps as
prescribed by law to make them perform these duties.

Merely sees to it that the rules are followed, but he himself does not
lay down such rules, nor doe he have the discretion to modify or
replace them.

doctrine of exhaustion of administrative remedies-- exhaust all
administrative remedies first before resorting to political action

doctrine of qualified political agency - A futher appeal from the decision
of a cabinet secretary may be taken into the office of the president before
resorting to judicial action, to be consistent with the doctrine of
exhaustion of administrative remedies.

Department secretaries are alter egos or assistants of the president
and their acts are presumed to be those of the latter unless
disapproved or reprobated by him.

Except if the duties needs to be done by the president himself such as
pardoning power, suspension of the writ of habeas corpus which may not be
delegated.

Its purpose is to ensure speedy access to the court without going to the
level of the president.

IV. The "take care" clause

The power to take care that the laws be faithfully executed makes the
president a dominant figure in the administration of the government.
Power to conduct investigations to aid him in ensuring the faitful
execution of laws is inherent in the powers of the pres as the chief
executive (Biraogo v Phil Truth Commission of 2010)
Based on the faitful execution clause of Art VII Sec 17)

V. Military Power

Enables the president to command all the armed forces of the
Philippines
Suspend the writ of habeas corpus
Declare martial law

Art VII Sec 18 – grants 4 powers (subject to judicial review)

1. call out such armed forces to prevent or suppress lawless violence,
invasion or rebellion
2. in case of rebellion, when the public safety requires it
3. may suspend the writ of habeas corpus for a period not exceeding 60
days
4. place the Philippines under martial law

Limitations:

1. such proclamation should not exceed 60 days
2. period of 60 days may only be extend by congress based on the same
grounds
3. within 48 hours after suspension or proclamation, pres shall
personally report his action to congress, if not in session, congress
will convene within 24 hours without a call
4. congress may by a majority vote revoke his action
5. revocation may not be set aside by the pres
6. congress may extend it
7. no longer considered a political question and may be raised in
appropriate proceeding by any citizen, court must decide the challenge
within 30days
8. martial law does not automatically suspend the writ of habeas corpus
or the operation of the constitution
9. suspension only aplies to persons facing charges relating to rebellion

Grounds:
1. violence, invasion, or rebellion
2. when the public safety requires it.

Effects of the Suspension of Habeas Corpus:
* applies only to persons judicially charged for rebellion
* arrests of persons in relation to rebellion or offenses inherent or
diretly connected with invasion must be judicially charged within 3 days,
otherwise it would be illegal

VI. Command of the Armed Forces

power of the sword makes the president the most important figure in
times of war and other similar emergencies
He plans all campaigns, establishes all sieges and blockades, directs
all marches, fights all battles

Courts martial - held to be attached to the constitutional functions of the
president, independently of legislation; instrumentality of the executive
provided by Congress to aid him in properly commanding the army and navy
and enforcing discpline therein; also acts as criminal court
Power to confirm a sentence includes the power to approve or
disapprove the entire or any part of the sentence given by the court
martial.

power to conduct peace negotiations is implicity included in the
president's powers as chief executive and commander in chief

Doctrine of command responsibility – the president as commander in chief
can be held responsible or accountable for extrajudicial killings and
enforced disappearances in the context of amparo proceedings (Rodriguez v
Macapagal- Arroyo)

Requisites:

1. existence of a superior-subordinate relationship between the accused
as superior and the perpetrator of the crime as his subordinate.
2. superior knew or had reason to know that the crime was about to be or
had been committed
3. superior failed to take the necessary and reasonable measures to
prevent criminal acts or punish the perpetrators thereof

VII. Habeas Corpus

the president has the power to suspend the writ of habeas corpus; what
is suspened is not the writ itself but its privilege

writ of habeas corpus – a writ directed to the person detaining another,
commanding him to produce the body of the prisoner at a designated time and
place, with the day and cause of his caption and the detention, to do, to
submit to, and received whatever the court or judge awarding the writ shall
consider in his behalf.

The suspension of the privilege means that when the court receives a
applicaton for the writ, and it finds in the petition in proper form,
it will issue the writ as a matter of course, the court will issue an
order commanding the production before the court of the person
allegedly detained, at a time and place stated in the order and
requiring the true cause of his detention to be shown in court.

If the writ shows that the person in custody was apprehended and
detained in areas where the privilege of the writ has been suspended
or for crimes mentioned in the executive proclamation, the court will
suspend futher proceedings in the action.

The SC has the power to annul the suspension if it is not based on
either of the two grounds stated in the constitution which are
invasion or rebelion, and when the public safety requires it.

Traces its origin to antiquity, devised and exists as a speedy and
effectual remedy to relieve persons from unlawful restraint and as the
best and efficient defense of personal freedom

Montenegro doctrine – the suspension of the privilege of the writ of
habeas corpus was a political question to be resolved by the
president. (abrogated by Sec 18, constitutionalizing the Lansang
doctrine)

Lansang doctrine – the SC has the power to inquire into the factual
basis of the suspension of the writ of habeas corpus and to annul the
same if no legal ground could be established.

VIII. Martial Law

The declaration of martial law has no further legal effect than to warn
the citizens that the military powers have been called upon by the
executive to assist him in the maintenance of law and order and that
while the emergency lasts, they must upon pain of arrest and punishment,
not commit any act that will in any way render difficult restoration of
order and the enforcement of the law

When martial law is declared no powers are given to the executive; no
extension of arbitrary authority is recognized, no civil rights of
individuals are suspended. Whatever interference with their personal
freedom or property rights must be justified.
a. arrests and seizures without judicial warrants
b. ban on public assemblies
c. takeover of news media and agencies and press censorship
d. issuance of presidential decrees

IX. Pardoning Power (Art VII Sec 19)

The president may grant reprieves, commutations, and pardons, and remit
fines and forfeitures, after conviction by final judgment except in cases
of impeachment.

He shall also have the power to grant amnest with the concurrence of a
majority vote of all members of Congress.

Discretionary in the president and may not be controlled by the legislature
or reversed by the courts, save only when it contravenes the limitations
discussed.

Executive clemency – granted for the purpose of relieving the harshness of
the law or correcting mistakes in the administration of justice.

Pardon – an act of grace which exempts the individual whom it is bestowed
from the punishment which the law inflicts for the crime he has committed.

Commutation – reduction or mitigation of the penalty e.g death penalty
reduced to life sentence

Reprieve – merely a postponement of a sentence to a date certain, or a stay
of execution. It may be ordered to enable government to secure additional
info to ascertain the guilt of the convict.

Limitations:

1. cannot be granted in cases of impeachment since it is not a judicial,
mushc less a criminal, prosecution and does not come under the
pardoning power
2. cannot be granted for the violation of any election law, rule or
regulation without the favorable recommendation of the COMELEC.
3. can only be granted after conviction by final judgment

Kinds of Pardon

Absolute pardon – extended without any strings attached
Conditional pardon – convict is required to comply with certain
requiremnents; offender may reject it since he may feel that the
conditions imposed is more onerous than the penalty sought to be
remitted
Plenary – extinguishes all penalties imposed upon the offender,
incuding all accessory disabilities
Partial pardon – does not extinguish all penalties imposed upon the
offender

Effects of Pardon:

Legal effect is to restore his liberty, including his civil and
political rights.
Essene of a pardon is forgiveness of guilt and not forgetfulness
Does not erase the fact of the commission of the crime and the
conviction thereof
Frees the individual from penalties and legal liabilities
Pardon does not ipso facto restore a convicted felon to public office
but it restores his eligibiity to that office
Cannot bring back lost reputation for honesty, integrity and fair
dealing unless expressly grounded on the person's innocence
If a pardon is given because he did not truly commit the offense, it
relieves him from all punitive consequences of his criminal act,
thereby restoring to him his clean name, good reputation and unstained
character prior to the finding of guilt

Parole – executive; involves a release of the convit from imprisonment but
not a restoration of his liberty. The parolee is still in the custody of
the law although no longer under confinement, unlike pardonee whose
sentence is condoned, subject only to reinstatement in case of violation of
the condition that may have been attached to the pardon

presupposes prior service of part of the sentence

Probation – judicial; granted before actual service of sentence

X. Amnesty

This can only be granted with the concurrence of Congress through a vote of
majority, as provided by the Constitution.

The rule is that previous admission of guilt is required since a person
would not need the benefit of an amnesty unless he were to begin with
guilty of the offense covered by the proclamation

"Amnesty "Pardon "
"Addressed to crimes "Condones infractions"
"against the "of the peace of "
"sovereignty of the "state "
"state and political "Addressed to an "
"offenses "individual "
"Addressed to classes"There must be "
"or even communities "distinct acts of "
"of persons "acceptance "
"There may or may not"Does not require "
"be distinct acts or "concurrence of "
"acceptance "congress "
"Requires concurrence"Private acts of the "
"of congress "president and proved"
"Public act which the"by the person "
"courts take judicial"pardoned and "
"notice "judicial courts do "
"Looks backward and "not take notice "
"abolishes and puts "Looks forward and "
"into oblivion the "relieves the "
"offense itself; as "offender from the "
"if he had not "consequences of the "
"committed no offense"offense of which he "
" "has been convicted "

Amnesty denotes a general pardon to rebels for their treason and high
political offenses, or the forgiveness of the one sovereign grants to the
subjects of another, who have offended, by some breach the law of nations.

XI. Borrowing Power (Sec 20)

The president may contract or guarantee foreign loan on behalf of the
Republic of the Philippines with the prior concurrence of the Monetary
Board, an subject to such limitations as may be provided by law. The
monetary board shall within 30 days from the end of every quarter of
calendar year submit to congress a report of its decisions on applications
for loans to be contracted or guaranteed by the government or GOCCs which
would have the effect of inreasing foreign debt, and containing other
matters as may be provided by law.

XII. The Diplomatic Power

The president is the spokesman of the nation on external affairs. In this
capacity, he may deal with foreign states and governments, extend or
withhold recognition, maintain diplomatic relations, enter into treaties,
and otherwise transact the business of foreign relations.

He is also vested wth the power to conclude treaties but with concurrence
of 2/3 vote of Congress (Sec 21)

Executive agreement – a treaty within the meaning of the word in
international law and constitutes enforceable domestic law. It does not
need concurrence of congress, is usually less formal and deals with a
narrower range of subjects. Agreement must be within states, written and
governed by international law.
May not be used to amend a duly ratified and existing treaty

Treaty – no difference between treaty in terms of their binding effect on
the contracting states
Greater dignity because its constitutional efficacy is beyond doubt
Ratified treaty unlike executive agreement takes precedence over any
prior statutory enactment
Has a limiting effect on the otherwise encompassing and absolute
nature of sovereignty.
Every time it enters into a treat, it voluntary sheds off part of its
sovereignty
Treaty making power is exclusive to the president
Senate concurrence pertains only to validity of the treaty under
consideration and not to conduct negotiations attendant to its
conclusion

XIII. The Budgetary Power (Sec 22)

The president shall submit to Congress within 30 days from the opening of
every regular session, as the basis of the general appropriations bill,
budget of expenditures and sources of financing, including receipts from
existing and proposed revenue measures.

The power is entrusted to the executive as he is in the best position to
determine the needs of the government and propose the corresponding
appropriations thereof on the basis of existing or expected sources of
revenue.

"In the chief executive dwells the power to run the government. Placed upon
him is the power to recommend the budget necessary for the operation of the
government, which implies that he has the authority to evaluate and
determine the structure that each government agency in the executive
department would need to operate in the most economial and effiient
manner."

Congress may not increase the appropriations recmmended by the president
for the operation of the government as specified in the budget.

XIV. The Informing Power (Sec 23)

The president shall address the Congress at the opening of its regular
session. He may also appear before it at any other time.

This is discretionary upon the president, he may or may not give
information to the legislatuere, although he will usually choose to do so
for practical reasons. He will also want to maintain the goodwill of the
congress and so will not deny its request for information if its release
will not be in the prejudice of the public interest.

XV. Other Powers

1. power to cal the congress to a special sessions
2. to approve or veto bills
3. consent to the deputization of government personnel by the
Commission on Elections
4. Discpline its deputies
5. by delegation, exercise emergency powers
6. tariff powers

Chapter 12. The Judicial Department

"Judicial Power "Judicial Review "
"Exercised by the SC "Exercised by the SC "
"& other lower Courts"& other lower Courts"
"Judicial power "power of the courts "
"includes the duty of"to review the "
"the courts of "constitutionality of"
"justice to settle "treaties "
"actual controversies"power of the courts "
"involving rights "to test the validity"
"that are legally "of the exercise of "
"demandable and "executive and "
"enforceable; and to "legislative acts in "
"determine whether or"light of their "
"not there has been "conformity with the "
"grave abuse of "Cnstitution (Angara "
"discretion amounting"v Electoral "
"to lack or excess of"Commission) "
"jurisdiction on the " "
"part of any branch " "
"or instrumentality " "
"of the government " "

I. Independence of the Judiciary

1. The SC is a constitutional body, it cannot be abolished nor may its
members or the manner of its meeting be changed by mere legislation
2. may not be removed except by impeachment
3. may not be deprived of its minimum original and appellate jurisdiction
as prescribed in Art VIII Sec 5
4. appelate jurisdiction may not be increased without its advice and
concurrence
5. appointees to the judiciary are no nominated by the JBC and not
subject to Commission on Appointments
6. has administrative supervision over all lowers courts and their
personnel

II. Jurisdiction (Art VIII Sec 2) – the authority by which courts take
cognizance of and decide cases, the legal right by which the judges
exercise their authority. That is the jurisdiction over cases, to be
prescribed by Congress subject to constitutional limitations.

III. Appointments (Sec 9) new process was intended to de-politicize our
courts of justices ensure choice of competent judges

Sec 9 Members of the SC and judges of the lower courts shall be appointed
by the president froma list of at least three nominees prepared by the
Judicial and Bar Council for every vacancy. Such appointments need no
confirmation.

For the lower courts the president shall issue the appointments within 90
days from the submission of the list.

IV. Qualifications:

a person of proven competence, integrity, probity, and independence
Natural born citizen
At least 40 years of age
Must have been for 15 years or more a judge of a lower court or
engaged in the practice of law in the Philippines.

V. Judicial and Bar Council (Sec 8)

Screens judicial appointments composed of the Chief Justice as ex
officio chairman, secretary of justice, a representative of congress
as ex officio members, a representative of the IBP (4 years), a
professor of law (3 years), a retired member of the SC (2 years), and
a representative from the private sector (1 year)
Principal function of recommending appointees to the judiciary. It may
exercise such other functions and duties as the SC may assign to it.

Macalintal v PET – intended by the framers to be independent, but not
separate from the judicial department. The power without the means to use
it is a nullity.

VI. Fiscal Autonomy

The power of the appropriation is limited by the following provision, which
is intended to strengthen the independence of the judiciary.

Sec 3 The Judiciary shall enjoy fiscal autonomy. Appropriations for the
judiciary may not be reduced by the legislature below the amount
appropriated for the previous year and, after approval, shall be
automatically and regularly released.

Contemplates a guarantee of full flexibility to allocate and utilize
their resources with the wisdom and dispatch that their needs require.
It recognizes the power and authority to levy, assess and collect
fees, fix rates of compensation not exceeding the highest rate
authorized by law, and allocate and disburse such sums or prescribe
them in the course of the discharge of their functions.

This means freedom from outside control.

Composition of the Supreme Court (Sec 4 (1)

The Supreme Court shall be composed of a Chief Justice and fourteen
Associate Justices. It may sit en banc or in its discretion, in divisions
of three, five, or seven Members. Any vacancy shall be filled within ninety
days from the occurrence thereof.

De Castro v JPC The president may provide for appointments in the judiciary
even within 2 months immediately before the next presidential election and
up to the endof his term.

VII. En Banc Cases

Sec 4 (2) All cases involving the constitutionality of a treaty,
international or executive agreement, or law, which shall be heard by the
Supreme Court en banc, and all other cases which under the Rules of Court
are required to be heard en banc, including those involving the
constitutionality, application, or operation of presidential decrees,
proclamations, orders, instructions, ordinances, and other regulations,
shall be decided with the concurrence of a majority of the members who
actually took part in the deliberations on the issues in the case and voted
thereon.

Treaty – an international agreement concluded between states in written
form and governed by international law, whether embodied in a single
instrument or in two ot more related instruments and whatever particular
designation. (Bayan Muna v Romulo)

1. treaties that require legislative concurrence after executive
ratification

2. executive agreements that are similar to treaties, except that they do
not require legislative concurrence and are usually less formal and deal
with a narrower range of subject matters than treaties

***The needed vote for declaration of unconstitutionality is a concurrence
of a majority of the members who actually took part in the deliberations on
the issues in the case and voted thereon.

VIII.Division Cases

3.) Cases over matters heard by a division shall be decided or resolved
with the concurrence of a majority of the members who actually took part in
the deliberations thereon, and in no case, without the concurrence of at
least three of such members. When the required number is not obtained, the
cases shall be decided en banc. Provided that no doctrine of principleof
law laid down by the court in a decision rendered en banc or in division
may be modified or reversed except by the court sitting en banc.

IX.Requisites of a Judicial Inquiry

Courts are passive instruments that can act only when their
jurisdiction has been invoked unlike political departments
No constitutional question will be heard and decided unless there is
compliance with what are known as the requisites of a judicial
inquiry.

Requisites:

1. There must be an actual case or controversy.
involves a conflict of rights, an assertion of opposite legal
claims susceptible of judicial resolution.
Case must not be moot or academic or based on extra legal or
other similar considerations not recognizable by the court
There must be a contrariety of rights that can be interpreted
and enforced on the basis of existing law and jurisprudence
One that is appropriate for judicial determination
Real and substantial controvery admitting of specific relief
through a decree that is conclusive in character rather than a
hypothetica state of facts
Counselling by courts is contrary to the doctrine of separation
of powers since their advice will not have the force of law but
of a mere suggestion or receommendation that may be accepted or
rejected at will by the department requesting it
Solicit judgment from the court a declaratory judgment involving
interpretation of the rights and duties of a person under the
provisions of a deed, will, contract, written instrument or a
stattue or ordinance is deemed an actual controvery

A case that is moot and academic may still be heard if:

a. there is a grave violation of the consititution
b. exceptional character of the situation and the paramount public
interest involved
c. when the constitutional issue raised requires formulation of
controlling principles to guide the bench, bar and public
d. Doctrine of capable repitition yet evading review

2. The question of constitutionality must be raised by the proper party.

A proper party is one who has sustained or in immediate danger
of sustaining an injury as a result of the act complained of.

3. The constitutional question must be raised at the earliest possible
opportunity.

GR – constitutional question must be raised at the earliest
opportunity such that if it is not raised in the pleadings, it
cannot be considered at the trial, and if not considered at the
trial, it cannot be considered on appeal.

Exception:

a. criminal cases, can be raised at any time at the discretion of
the court
b. civil cases, if necessary to the determination of the case
itself
c. in every case except where there is estoppel, the constitutional
question may be rised at any stage if it involved the
jurisdiction of the court

4. The decision of the constitutional question must be necessary to the
determination of the case itself.

the reason for this can be traced to the doctrine of separation
of powers which enjoins each department a proper respect for the
acts of the other departments.
Courts go by the maxim "to doubt is to sustain"; presumption of
constitutionality
The joint act of the legislative and executive authorities, law
is supposed to have been carefully studied and determined
constitutional before it was finally enacted.
The policy of the court is to avoid ruling on the constitutional
questions and to presume that acts of the political depaprtments
are valid, absent a clear and unmistakable showing to the
contrary
Constitutionality of a law cannot be collaterally attached.

X. Effects of a Declaration of Unconstitutionality

1. Orthodox view – an unconstitutional act is not a law, it confers no
rights; it imposes no duties; it affords no protection, it creates no
officer, it is in legal contemplation, inoperative

It is stricken from the statue books as if it had never existed at
all.

2. Modern view – Less stringent; The court in passing upon the question of
constitutionality does not annul or repeal the statute if it finds it in
conflict with the Constitution. It simply refuses to recognize it and
determines the right of the parties just as if such statute had no
existence. It does not strike the statute from the books, does not repeal,
supersede, revoke or annul the statute. Parties to the suit are concluded
by the judgment and no one else is bound.

3. Operative Fact Doctrine – the law is recognized as unconstitutional but
the effects of the unconstitutional law, prior to its declaration of
nullity, may be left undisturbed as matter of equity and fair play. In fact
an invocation of the operative doctrine is an admission that a law is
unconstitutional.

It is a rule of equity thus, must be applied as an exception to the
general rule that an unconstitutional law produces no effects. In
short, it only affects or modifies the effects of the unconstitutional
law not the law itself.

XI. Partial Unconstitutionality

A declaration of partial unconstitutionality will only be valid of two
conditions concur: 1) the legislature s willing to retain the valid
portions even if the rest is declared illegal 2.) the valid portions
can stand independently as a separate statute.
Separability clause – willingness to retain the valid portion; if for
any reason any section or provision of this act is declared invalid or
unconstitutional, the remainder of the act shall not be affected by
such declaration.

XII. Original Jurisdiction

Section 5(1) Exercise original jurisdiction over cases affecting
ambassadors, other public ministers, and consuls, and over petitions for
certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

Quo warranto – an act for usurpation of office or against a public
offer who does or suffers an act which by the provision of law,
constitutes a ground for the forfeiture of his office or against an
association which acts as a corporation within the Philippines without
being legall incorporated or without lawful authority to so act.

Writ of habeas corpus – extends to all cases of illegal confinement of
detention by which any person is deprived of his liberty, or by which
rightful custody of any person if withheld from the person entitled to
it.

Principle of hierarchy of courts – requires that recourse must first
be mde to the lower ranked court exercising concurrent jurisdiction
with a higher court.

Direct invocation of the original jurisdiction of court may only be
allowed if there are special and important reasons therefor, clearly
and especially set out in the petition.

XIII. Appellate Jurisdiction

(2) review, revise, reverse, modify, or affirm on appeal or certiorari as
the law or the Rules of Court may provide, final judgments and orders of
lower courts.

a.) all cases in which the constitutionality or validity of any treaty,
international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or regulation is in question.

b.) All cases involving the legality of any tax, impost, assessment, or
toll, or any penalty imposed in relation thereto.

c.) All cases which the jurisdiction of any lower court is in issue.

d.) All criminal cases in which the penalty imposed is reclusion perpetua
or higher.

e.) All criminal cases in which only an error or question pf law is
involved.

***The right to appeal is not embraced in the due process of law. As long
as the parties have been given the opportunity to be heard in the lower
court, they cannot demand the right to appeal if the legislature sees fit
to withhold it.

***Questions of facts – entirely up to the legislature to determine whether
or not appeals from such administrative decisions may be allowed. Without
its permission, appeal cannot be taken as a matter of right. (not covered
by Article VIII Sec 5 (2)

Court martial case – a criminal case and the General Court Martial is a
court akin to any other courts. It is court within the strictest sense of
the word and acts as a criminal court.

Court of Appeals – mixed questions of fact and law are now under its
jurisdiction

RTC – have the authority and jurisdiction to consider the constitutionality
of statutes, executive orders, presidential decrees and other issuances.

British American Tobacco v Camacho – Court of Tax appeals cannot pass upon
the constitutionality of a law.

XIV. Temporary Assignment of Judges

(3) Assign temporarily judges of lower court to other stations as public
interest may require. Such temporary assignment shall not exceed six months
without the consent of the judge concerned.

Rigodon de jueces – the transfer of judges at willl to suit the motivations
of the chief executive

Judiciary Act of 1948 – transfer could be ordered by the Secretary of
Justice as long as it was approved by the SC, did not extend beyond three
months, and there was a certification of the necessity of such transfer.

Bolsters the independence of the judiciary
May be justified to arrange for judges with clogged dockets to be
assisted by their less busy colleagues, or to provide for the
replacement of a regular judge who may not be expected to be impartial
in the decision of particular cases.

XV. Change of Venue or Place of Trial

(4) Order a change of venue or place of trial to avoid a miscarriage of
justice.

Power may be exercised in criminal and cvil cases.
XVI. Rule-Making Power

(5) Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts, the
admission to the practice of law. the Integrated Bar, and legal assistance
to the underprivileged. Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition of cases, shall be uniform
for all courts of the same grade, and shall not dimish, increase, or modify
substantive rights. Rules of procedure of special courts, and quasi-
judicial bodies shall remain effective unless disapproved by the Supreme
Court.

Limitations on the rule making power:

1. Uniform for all courts of the same grade.
2. The rules must not diminish, increase, or modify substantive rights.

**jurisdiction is conferred by law, As such, jurisdiction cannot be fixed
by the will of the parties; nor be acquired through waiver nor enlarged by
the omission of the parties; nor conferred by the acquiescence of the
court.

**allocation of jurisdiction is vested in the Congress, and cannot be
delegated to another officer or agency of the government.

**Rules of court may be modified at any time and become effective at once,
so long as the change does not affect vested rights. There are no vested
rights to rules of procedure, which may be given retroactive effect.

XVII. Appointment of Court Personnel

(6) Appoint all officials and employees of the Judiciary in accordance with
the Civil Service Law."

**empowers the SC to appoint only its own officials and employees. The
power also extends to appoint all officials and employees of the judiciary
itself.

XVIII. Administrative Supervision of Courts

Sec 6. The Supreme Court shall have administrative supervision over all
courts and the personnel thereof.

It is only the Supreme Court that can oversee the judges' and court
personnels compliance with the law, and take the proper administrative
action against them if they commit any violation thereof. (Re: Request
of Philippine Center for Investigative Journalism for the 2008 SALNs
and Personal Date Sheets of Court of Appeals Justices.
No other branch of government may intrude into this power, without
running afoul of the doctrine of separation of powers.

XIX. Tenure of Judges (Sec 11)

Shall hold office during good behaviour until they reach the age of 70
or become incapacitated to discharge the duties of their office.
The Supreme Court en banc shall have the power to discipline judges of
lower courts or order their dismissal by a vote of majority who
actually took part in the deliberation in the cases and voted thereon.

XX. Consultations of the Court (Sec 13)

The conclusions of the Supreme Court in any cases submitted to it for
decision en bacn or in division shall be reached in a consultation before
the cases is assigned to a member for the writing of the opinion of the
Court. A certification to this effect signed by the Chief Justice shall be
issued and a copy thereof attached to the record of the case and served
upon the parties. Any member who took no part, or dissented, or abstained
from a decision or resolution must state the reason therefor. The same
requirements shall be observed by all lower courts.

XXI. Decisions of the Court

Sec 14 No decision shall be rendered by any court without expressing
therein clearly and distinctly the facts and the law on which it is based.

No petition for review or motion for reconsideration of a decision of the
court shall be refused due course or denied without stating the legal basis
therefor.

Due process requirement to be informed how a cases was decided with an
explanation of the factual and legal reasons that led to the
conclusions of the court.

doctrine of stare decisis et non quieta movere – to adhere to precedents,
and not to unsettle things which are established. Based upon the rule
involved whereas res judicata is based upon the judgment.

Doctrine of finality of judgment or immutability of judgment – provides
that once a judgment has become final and executory, it may no longer be
modified in any respect, even if the modification is meant to correct an
erroneous conclusion of fact or law, and regardless of whether the
modification is attempted to be made by the court rendering it or by the
highest court of the land, as what remains to be done is purely ministerial
enforcement or execution of the judgment.

Purpose:
1. To avoid delat in the administration of justice and to make the
orderly discharge of judicial business.
2. to put an end to judicial controversies, at the risk of the occasional
errors, which is precisely why courts exists.

Exception:
1. correction of clerical errors
2. nunc pro tunc entries which cause no prejudice to any party
3. void judgments
4. whenever circumstance transpire after the finality of the decision
that render its execution unjust and inquitable.

Nunc pro tunc entry – an entry made now of something which was actually
previously done, to have effect as of the former date. Supply an ommission
in the record of action really had, but omitted through mistake or
inadvertance.

XXII. Salaries of Judges

Sec 10 The salary of the Chief Justice and of the Associate Justices of the
Supreme Court, and of judges of lower courts shall be fixed by law. During
their continuance in office, their salary shall not be decreased.

This guarantees their independence during their continuance in office.
Without this, it would be possible for the Congress to exert pressure
on the members of the judiciary by threatening their financial
security through reduction of their salaries.

XXIII. Periods for Decision (Sec 15)

Art VIII Sec 15 (3) Upon the expiration of the corresponding period, a
certification to this effect signed by the Chief Justice or the presiding
judge shall fortwith be issued and a copy therefor attached to the record
of the case or matter and served upon the parties. The certification shall
state why a decision or resolution has not been rendered or issued within
said period.

Art VIII Sec 15 (4) Despite the expiration of the applicable mandatory
period, the court, without prejudice to such reponsibility as may have been
incurred in consequence thereof shall decide or resolve the case or subject
matter submitted thereto for determination, without further delay.

Mandatory Period for Deciding Cases:

SC – 24 months
Lower collegiate courts – 12 months unless reduced by SC
Lower courts – 3 months unless reduced by SC

Constitutional Law I Notes (Atty. J.G. Arcilla Class)

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