CONSTITUTIONAL LAW I (Reviewer)

2014

CONSTITUTIONAL LAW I (REVIEWER)

THE 1987 PHILIPPINE CONSTITUTION

ANGARA v. ELECTORAL COMMISSION; 63 PHIL 139

PART I. SUPREMACY OF THE

The Electoral Commission did not act without or in excess of its jurisdiction in taking cognizance of the protest filed against the election of Angara notwithstanding the previous confirmation of such election by resolution of the National Assembly. The Electoral Commission acted within the legitimate exercise of its constitutional prerogative (Art. VI, sec. 4) in assuming to take cognizance of the protest. The grant of power to the Electoral Commission to judge all contests relating to the election, returns and qualifications of members of the National Assembly, is intended to be as complete and unimpaired as if it had remained originally in the legislature. The express lodging of that power in the Electoral Commission is an implied denial of the exercise of that power by the National Assembly.

CONSTITUTION A. FUNDAMENTAL LAW AS OVERRIDING STANDARD

OF

VALIDITY

IN

CASE

OF

REPUGNANCY MARBURY v. MADISON; 5 U.S. 137 Application for writ of mandamus denied. Marbury doesn’t get the commission. The Supreme Court does not have original jurisdiction to issue writs of mandamus. The supreme courts shall have original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party. In all other cases, the Supreme Court shall have appellate jurisdiction. An act establishing the judicial courts of the United States, to issue writ of mandamus to public officers, appears not to be warranted by the constitution. The constitution of the United States confirms and strengthens the principle that a law repugnant against the constitution is void. WRIT OF MANDAMUS An order compelling the person to do a specific act. UNITED STATES v. NIXON; 418 U.S. 683 When the ground for asserting privilege as to subpoenaed materials sought for use in a criminal trial is based only on the generalized interest in confidentiality, it cannot prevail over the fundamental demands of due process of law in the fair administration of criminal justice. The need for confidentiality might be made concerning political leaders within the country or foreign statesmen is too obvious to call for further treatment. It is necessary in the public interest to afford Presidential confidentiality the greatest protection consistent with the fair administration of justice. The District Judge will accord to Presidential records that high degree of respect. Courts should review the communications but no in camera material is revealed to anyone. MATTERS IN WHICH EXECUTIVE PRIVILEGE IS ALLOWED: 1. National security 2. Military 3. Diplomatic or sensitive national issues B.

SUPREMACY

OF

THE

CONSTITUTION

ENFORCED THROUGH JUDICIAL REVIEW

TANADA v. CUENCO; 103 PHIL 1051 The SC took cognizance of the case and ruled in favour of Lorenzo and Diosdado. The term Political Question, connotes what it means in ordinary parlance, namely, a question of policy. It refers to those questions which, under the Constitution, are to be decided by the people in their sovereign capacity; or in regard to which full discretionary authority has been delegated to the legislative or executive branch of the government. It is concerned with issues dependent upon the wisdom, not legality, of a particular measure. The Court holds that the Senate may not elect, as members of the Senate Electoral Tribunal, those Senators who have not been nominated by the political parties specified in the Constitution. PART II. PHILIPPINE SOVEREIGNTY A. STATE DEFINED A community of persons more or less numerous permanently occupying a definite portion of territory, having a government of their own to which the great body of inhabitants render obedience, and enjoying freedom from external control. PART III. PREAMBLE We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.

Notes By: Marren E. Juangco

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A. PURPOSE

[iv] All territory over which the present Government of the Philippine Islands exercises jurisdiction

1. It tells us who are the authors of the Constitution and for whom it has been promulgated.

- The doubt with respect to the Batanes Islands was left unclarified so the 1935 Constitution added this clause.

2. It states the general purposes which are intended to be achieved by the Constitution. 3. It may serve as an aid of interpretation, in case of ambiguity.

b. Method of determining baselines 1. R.A. No. 3046 (June 17, 1961) – determines the baseline

PART IV. PHILIPPINE TERRITORY A.

TERRITORY

–

THE

2. R.A. No. 5446 (September 8, 1968) – it corrects errors in R.A. No. 3046

ARCHIPELAGO

CONCEPT

3. R.A. No. 9522 (March 10, 2009) ARTICLE I The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. 1. The Philippine Archipelago a. Treaty limits

2.

Other

Philippines

territories has

over

which

sovereignty

the or

jurisdiction a. P.D. No. 1596 (June 11, 1978) b. R.A. No. 9522 (March 10, 2009) 3. Two Hundred-Mile Exclusive Economic Zone a. P.D. No. 1599 (June 11, 1978) b. U.N. Convention on the Law of the Sea (April 30, 1982)

[i] The Treaty of Paris on December 10, 1898

PURPOSE OF DETERMINING THE TERRITORY OF THE PHILIPPINES

- Spain ceded to the U.S. “the archipelago known as the Philippine islands, and comprehending the islands lying within.”

At first, it is non-sense to determine the baselines but the history of the Philippine Constitution evinces its importance.

- The technical description embodied in the treaty of Paris left some doubt about the inclusion within the ceded territory of the Batanes Islands to the North and the islands of Sibutu and Cagayan de Sulu to the South as well as of the Turtle and Mangsee islands.

1. 1935 Constitution – to prevent dismemberment from U.S. 2. 1973 Constitution – to lay claim over Sabah 3. 1987 Constitution – it changed the phraseology to remove any animosity with Malaysia but without renouncing the claim over Sabah. It is to give the impression that the Philippines is not abandoning its claim over Sabah.

[ii] The Treaty of Washington on November 7, 1900 - The treaty corrected the error with respect to the islands of Sibutu and Cagayan de Sulu. [iii] The treaty between Great Britain and the U.S. on January 2, 1930 - The jurisdiction over the Turtle and Mangsee islands was clarified.

ARCHIPELAGIC DOCTRINE The body of water studded with islands, or the islands surrounded with water is viewed as a unity of islands and waters together forming one unit. Its purpose is to protect the territorial integrity of the island. CONTINENT It is a single mass of land. nd

ART. 1, 2

SENTENCE


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It is not the Archipelagic Doctrine, it is only the restatement of the adherence of the doctrine. BASELINE A line from which, the breadth of the territorial sea, contiguous zone and Exclusive Economic Zone (EEZ) is measured in order to determine the maritime boundary of the coastal state ALL OTHER PARTS OF THE TERRRITORY: 1. Batanes 2. Those contemplated under Article 1 of the 1973 Constitution owned by historic right or legal title 3. P.D. No. 1596 – Kalayaan islands placing it under the province of Palawan. CONTINENTAL SHELF

- It was named after the American geologist Andrew Benham who discovered the continental shelf. - The United Nation Commission on the limits of the continental shelf and territory three years after the country filed its claim. HISTORIC RIGHT The title created in derogation of international law through historical process by which one state has asserted jurisdiction originally illegal, which has been acquiesced in by the community of nations. LEGAL TITLE It refers to a derivative title, such as cession by a State of its sovereign rights over a territory. PART V. CITIZENSHIP

Seabed and subsoil. It does not form part of the Philippines, though Philippines have sovereign rights. HIGH SEAS Treated as res communes, not a territory of a particular state. TWO KINDS OF ARCHIPELAGO (UNCLOS): 1. Coastal – it is close to mainland. 2. Mid-ocean – it is situated in the ocean at such distance from the coasts of firm land (E.g.: Philippines) MERLIN MAGALLONA ET.AL v. HON. EDUARDO ERMITA ET.AL; G.R. No. 187167 (July 11, 2011) The Court finds R.A. 9552 constitutional and is consistent with the Philippines’ national interest. Aside from being a vital step in safeguarding the country’s maritime zones, the law also allows an internationally – recognized delimitation of the breadth of the Philippines’ maritime zones and continental shelf. The Court also finds that the conversion of internal waters into archipelagic waters will not risk the Philippines as affirmed in the Article 49 of the UNCLOS III, an archipelagic state has sovereign power that extends to the waters enclosed by the archipelagic baselines, regardless of their depth or distance from the coast. It is further stated that the regime of archipelagic sealanes passage will not affect the status of its archipelagic waters or the exercise of sovereignty over waters and air space, bed and subsoil and the resources in it. 4. Benham Rise - The United Nation now recognizes the Philippine’s claim and the country’s territory has increase to 43m from 30m hectares.

A. WHO ARE CITIZENS OF THE PHILIPPINES ARTICLE IV SECTION 1 The following are citizens of the Philippines: [1] Those who are citizens of the Philippines at the time of the adoption of this Constitution; [2] Those whose fathers or mothers are citizens of the Philippines; [3] Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and [4] Those who are naturalized in accordance with law. 1. Citizens at the time of the adoption of the 1987 Constitution a. Citizens under the 1935 Constitution i. Philippine Bill of 1902 or Jones Law (July 01, 1902) - All those that were considered citizens of the Philippines under the treaty of Paris were deemed to be citizen. Also, all those been born after April 11, 1899 to parents who were Spanish subjects on that date and who continued to reside in the Philippines were ipso facto citizens of the Philippines unless they declare their allegiance to the Spanish crown. ii. The Caram Rule -

Under the 1935 Constitution, those born in the Philippine of foreign parent, who before the adoption of the Constitution had been


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CONSTITUTIONAL LAW I (REVIEWER) elected to public office in the Philippines, are considered Filipino citizens.

iii. Those whose fathers were citizens iv. Those who elected upon reaching majority age v. Those who were naturalized b. Citizens under the 1973 Constitution (January 17, 1973) i. Those already citizens ii. Those whose fathers and mothers are citizens iii. Those who elected Philippine Citizenship iv. Those who were naturalized 2. Those whose fathers and mothers are citizens 3. Those who elect Philippine Citizenship

year 1870, when the Philippines was under Spanish rule, and that San Carlos, Pangasinan, his place of residence upon his death in 1954, in the absence of any other evidence, could have well been his place of residence before death, such that Lorenzo would have benefited from the “en masse Filipinization” that the Philippine Bill had effected in 1902. That citizenship of Lorenzo Pou, if acquired, would thereby extend to his son, Allan F. Poe, father of FPJ. The 1935 Constitution, wherein which FPJ was born under, which constitution considers as citizen of the Philippines those whose fathers are citizens of the Philippines, FPJ was in fact a natural-born citizen of the Philippines regardless of whether or not he is legitimate or illegitimate. The evidence though could not establish conclusively that FPJ is a natural-born citizen, but at the same time such evidence was not enough to hold that FPJ was guilty of having made a material misrepresentation of his certificate of candidacy and violating the Omnibus Election Code. Thus, FPJ may run for the position of President in the coming elections. NATURAL – BORN CITIZENS (Art. IV, sec.2)

4. Those who are naturalized in accordance with law.

1. Those whose fathers and mothers are citizens

B. NATURAL BORN – PRINCIPLE OF JUS

2. Those who elect Filipino citizenship

SANGUINIS

3. Reacquisition of natural born citizenship by repatriation

PRINCIPLES THAT BIRTH:

GOVERN

CITIZENSHIP

BY

1. Jus Sanguinis - Blood relationship is the basis for the acquisition of citizenship. 2. Jus Soli or Jus Loci - Place by birth serves as the basis for acquiring citizenship. - There are some cases in the Philippines that follow Jus soli. TECSON v. COMELEC; G.R. No. 161434 (March 03, 2004) One requirement required by the Constitution to be able to run as President is to be a natural-born citizen. Natural-born citizens are those who are citizens of the Philippines since birth without having to perform any act to acquire or perfect their Philippine citizenship. FPJ’s being a natural-born citizen, depended on whether or not his father, Allan F. Poe, would have himself been a Filipino citizen which in turn would also depend on the nationality of his father, Lorenzo Pou. The Filipino Citizenship of Lorenzo Pou could only be drawn from the presumption that having died in 1954 at 84 years old, Lorenzo would have been born sometime in the

WHO MUST BE NATURAL – BORN CITIZENS 1. 2. 3. 4. 5. 6. 7. 8.

President (Art. VII, sec. 2) Vice President (Art. VII, sec. 3) Members of Congress (Art. VI, secs. 3 and 6) Justice of the Supreme Court and lower collegiate courts (Art. VIII, sec. 7(1)) Tanodbayan and his deputies (Art. XI, sec. 8) Constitutional Commissions (Art. IX, B, sec. 1(1); Art. IX, C, sec.1(1); Art. IX, D, sec. 1(1)) Members of the Central Monetary Authority (Art. XII, sec. 20) Commission on Human Rights (Art. XIII, sec. 17(2))

FORMER

NATURAL

BORN

CITIZENS

AS

TRANSFEREES OF PRIVATE LANDS ARTICLE XII, SECTION 8 Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to limitations provided by law. a. THOSE NATURALIZED IN ACCORDANCE WITH LAW


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1. By Judicial Proceeding

Disqualifications. - The following persons are disqualified from running for any elective local position: (d) Those with dual citizenship;

a. CA No. 473 secs. 2-5, 7, 8, 15 and 18 b. R.A. No. 530, sec. 1 – effect on the wife and children 2. By Administrative Proceedings (R.A. No. 9139) 3. By Direct Act of Congress b. LOSS OF CITIZENSHIP ARTICLE IV, SECTION 3 Philippine citizenship may be lost or reacquired in the manner provided by law. c. CITIZENSHIP RETENTION AND REACQUISITION ACT OF 2003 (R.A. No. 9225) AASJS & HECTOR CALILUNG v. DATUMANONG; G.R. No. 160969 (May 11, 2007) Section 5, Article IV of the Constitution is a declaration of a policy and it is not a self-executing provision. What Rep. Act No. 9225 does is allow dual citizenship to natural-born Filipino citizens who have lost Philippine citizenship by reason of their naturalization as citizens of a foreign country. On its face, it does not recognize dual allegiance. By swearing to the supreme authority of the Republic, the person implicitly renounces his foreign citizenship. Plainly, from Section 3, Rep. Act No. 9225 stayed clear out of the problem of dual allegiance and shifted the burden of confronting the issue of whether or not there is dual allegiance to the concerned foreign country. What happens to the other citizenship was not made a concern of Rep. Act No. 9225. On the other hand, Congress was given a mandate to draft a law that would set specific parameters of what really constitutes dual allegiance. Until this is done, it would be premature for the judicial department, including this Court, to rule on issues pertaining to dual allegiance. d. DUAL ALLEGIANCE ARTICLE IV, SECTION 4 Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission, they are deemed, under the law, to have renounced it. ARTICLE IV, SECTION 5 Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law. SECTION

40

of

R.A.

GOVERNMENT CODE

NO.

7160

LOCAL

MERCADO v. MANZANO; 307 SCRA 630 Dual citizenship is different from dual allegiance. While dual citizenship is involuntary, dual allegiance is the result of an individual’s volition. Dual allegiance refers to the situation in which a person simultaneously owes, by some positive act, loyalty to two or more states. In Sec. 5 Article IV of the Constitution on Citizenship, the concern was not with the dual citizenship per se, but with naturalized citizens who maintain allegiance to their countries of origin even after naturalization. Hence, the phrase “dual citizenship” in R.A. No. 7160, Section 40(d) and in R.A. No. 7854, Sec.20 must be understood as referring to “dual allegiance.” Consequently, persons with mere dual citizenship do not fall under this disqualification. It should suffice that upon filing for candidacy, such persons with dual citizenships have elected their Philippine citizenship to terminate their dual citizenship. VALLES v. COMELEC; G.R. No. 137000 (August 9, 2000) Thus, the fact that the private respondent had dual citizenship did not automatically disqualify her from running for a public office. Furthermore, it was ruled that for candidates with dual citizenship, it is enough that they elect Philippine citizenship upon the filing of their certificate of candidacy, to terminate their status as persons with dual citizenship. PART VI. THE PHILIPPINE GOVERNMENT: PRINCIPLES, POLICIES, OFFICIALS AND SOVEREIGN POWERS A. PHILIPPINE GOVERNMENT IN GENERAL BACANI AND MATOTO v. NATIONAL COCONUT CORPORATION; 100 PHIL 468 NACOCO cannot be considered as government entity for the simple reason that they do not come under the classification of municipal or public corporation. While it was organized with the purpose of “adjusting the coconut industry to a position independent of trade preferences in the United States” and of providing “Facilities for the better curing of copra products and the proper utilization of coconut by-products”, a function which our government has chosen to exercise to promote the coconut industry, however, it was given a corporate power separate and distinct from our government, for it was made subject to the provisions of our Corporation Law in so far as its corporate existence and the powers that it may exercise are concerned (sections 2 and 4, Commonwealth Act No. 518). It may


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sue and be sued in the same manner as any other private corporations, and in this sense it is an entity different from our government. SECTION 2 of the ADMINISTRATIVE CODE OF 1987 "Government of the Republic of the Philippines" refers to the corporate governmental 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 the autonomous regions, the provincial, city, municipal or barangay subdivisions or other forms of local government. B. PRINCIPLES 1. Sovereignty of the People and Republicanism ARTICLE II SECTION 1 The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. REPUBLICAN GOVERNMENT A democratic government by representatives chosen by the people at large SOVEREIGNTY Implies the supreme authority to govern ARTICLE V SECTION 1 Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote fo at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage. VILLAVICENCIO v. LUKBAN, et al. 39 Phil 778 (Mach 25, 1919) Ours is a government of laws and not of men. If Lukban is within the jurisdiction of the court and has it in his power to obey the order of the court and thus to undo the wrong that he has inflicted, he should be compelled to do so. Even if the party to whom the writ is addressed has illegally parted with the custody of a person before the application for the writ is no reason why the writ should not issue. If the mayor and the chief of police, acting under no authority of law, could deport these women from the city of Manila to Davao, the same officials must necessarily have the same means

to return them from Davao to Manila. Lukban and Hohmann, within the reach of process, may not be permitted to restrain a fellow citizen of her liberty by forcing her to change her domicile and to avow the act with impunity in the courts, while the person who has lost her birthright of liberty has no effective recourse. The great writ of liberty may not thus be easily evaded. WRIT OF HABEAS CORPUS A court order that requires a person under arrest to be brought to court; ensures that a prisoner can be released from unlawful detention *No one is above the law. 2. Adherence to International Law PREAMBLE We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution. A “SOVEREIGN” PEOPLE The intention is to stress that the Filipino people; in ordaining and promulgating the Constitution, do so on their own authority as a sovereign people and not by virtue of the authority or permission given by a superior foreign power. INDEPENDENCE The word independence in the 1935 text of the Preamble (which was almost an exact reproduction of the Preamble of the U.S. Constitution except for same alterations in phraseology) was changed to “democracy” in the 1973 Constitution for the reason that the term denotes the idea of a colonial status (which was existing at the time of the adoption of the 1935 Constitution), and it is long after 1946 when the Philippines had become legally independent from the United States. It is restored to stress our being an independent nation, “free to build and chart our own destiny, in our own time and in our own way.” ARTICLE II SECTION 2 The Philippine renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.


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*The judge can use the international law if there is no basis in the law of the land.

ARTICLE II SECTION 8.

DOCTRINE OF INCORPORATION

The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.

There is an automatic adoption of international law as part of the law of the Philippines. *In international law, the subject is the state and not the citizen itself. *International law refers to the body of rules and principles which governs the relations of nations and their respective peoples in their intercourse with one another. *The Constitution gives a treaty the same weight and value as a statute of Congress. *In case of a conflict between a treaty and a statute, the prior act is superseded by the later one in point of time. *When a treaty is superseded by a subsequent statute of Congress, the treaty is repealed or abrogated as part of the law of the land but it still subsists as an engagement of the Philippines, although it may not be enforceable by our courts. *When conflict arises between the Constitution and a treaty, the former prevails. ARTICLE II SECTION 7 The State shall pursue an independent foreign policy. In its relations with other states the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to selfdetermination. FOREIGN POLICY Tthe basic direction underlying the conduct by a State of its affairs vis-à-vis those of other States. It is a set of guidelines followed by a government of a country in order to promote its national interest through the conduct of its relations with other countries. INDEPENDENT FOREIGN POLICY One that is not subordinate or subject to nor dependent upon the support of another government. An independent nation rejects foreign dictation and decides for itself what the national interest is and how it is to be promoted and protected. *An independent foreign policy, however, it is not one that completely rejects advice or assistance from without.

*It does not, however, prohibit the use of nuclear energy for medicine, agriculture, and other peaceful or beneficial purposes. *If the national interest so dictates, the storing of nuclear weapons in our territory may be permitted at least on a transitory basis, considering that it was not prohibited under the then existing military bases agreement with the United States whose validity and term of effectivity until 1991 are implicitly recognized by the Constitution. ARTICLE XVIII SECTION 25 After the expiration in 1991 of the Agreement between the Republic of the Philippines and the United States of America concerning Military Bases, foreign military bases, troops, o facilities shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate and, when the Congress so requires, ratified by a majority of the votes cast by the people in a national referendum held for that purpose, and recognized as a treaty by the other contracting State. 3. Supremacy of Civilian Authority ARTICLE II SECTION 3 Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory. ARTICLE VII SECTION 18 PARAGRAPH 4 A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ. THREE (3) DISTINCT EXTRAORDINARY REMEDIES OR MEASURES WHICH THE PRESIDENT IS EMPOWERED TO UTILIZE IN MEETING EMERGENCY SITUATIONS: (a) To call out the armed forces to prevent or suppress lawless violence, meet the threat of invasion, or quell rebellion (b) To suspend the privilege of the writ of habeas corpus


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(c) To declare martial law *The Constitution has provided another built-in measure to cope with any crisis o emergency: emergency powers expressly delegated to the President by Congress. *The President is not only a civil official. As Commander-in-Chief of the Armed Forces, he is also in a sense a military officer. He is not, however, a member of the armed forces, and consequently, he is not subject to court martial o military discipline. *Martial Law does not suspend the operation of the Constitution. The declaration does not mean that the military authorities will take the reign of the government. Under the Constitution, civilian authority is at all times supreme over the military. The guarantees of the people found in the Bill of Rights continue to exist. Whatever interference there may be with individual liberties or property rights must be justified, as in the case of police power, by absolute necessity in the interest of national security or public welfare. ARTICLE XVI SECTION 5(2) The State shall strengthen the patriotic spirit and nationalist consciousness of the military, and respect for people’s rights in the performance of their duty. SECTION 5(4) No member of the armed forces in the active service shall, at any time, be appointed or designated in any capacity to a civilian position in the Government including government-owned or –controlled corporations or any of their subsidiaries. *(2) It is in line with the declaration that the Armed Forces of the Philippines is the protector of the people and the State. Its loyalty is to the people, the country and the Constitution. *(4) Civilian position coves any position, whether permanent or temporary, including those in private entities taken over under whatever arrangement by the government. The soldier’s job is to fight a war and not to run a government. ALIH v. CASTRO, 151 SCRA 279 (June 23, 1987) In the case the prosecutor which itself controls the seizing officials, knows that it cannot profit by their wrong --- it shall remain custudia legis. Every person is entitled to due process. In acting as they did, they also defied the precept that, “civilian authority is at all times supreme over the military.” According to Judge Holmes, “The prohibition of compelling a man in a criminal court to be a witness against himself is a prohibition of the use of physical or moral compulsion to extort for

communications from him, NOT an exclusion of his body as evidence when it may be material. 4. Government as Protector of the People and People as Defenders of the State ARTICLE II 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 or civil service. ARTICLE II SECTION 5 The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. PEOPLE v. LAGMAN and SOSA, 66 Phil 13 (July 13, 1938) The duty of the government and the people to defend the State cannot be performed except through an army. To leave the organization of an army to the will of the citizens would be to make this duty excusable should there be no sufficient men who volunteer to enlist therein. CHAVEZ v. ROMULO, G.R. No. 157036 (June 09, 2004) Examining the historical background of the said Amendment, it shows that it pertains to the citizens’ “collective right” to take arms in defense of the State, not to the citizens’ “individual right” to own and possess arms. It is in connection with the keeping and maintenance of a militia or an armed citizenry. 6. Separation of Church and State ARTICLE II SECTION 6 The separation of Church and State shall be inviolable. *”No law shall be made respecting an establishment of religion” and that “no public money or property shall ever be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support, of any sect, church, denomination, sectarian institution or system of religion.” ARTICLE III SECTION 5 No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall


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forever be allowed. No religious test shall be required for the exercise of civil or political rights. RELIGION All forms of belief in the existence of superior beings exercising power over human beings and imposing rules of conduct with future state of rewards or punishment. ARTICLE IX, C, SECTION 2(5) The Commission on Elections shall exercise the following powers and functions: (5) Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government; and accredit citizens' arms of the Commission on Elections. Religious denominations and sects shall not be registered. Those which seek to achieve their goals through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or which are supported by any foreign government shall likewise be refused registration. Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to elections, constitute interference in national affairs, and, when accepted, shall be an additional ground for the cancellation of their registration with the Commission, in addition to other penalties that may be prescribed by law. ARTICLE VI SECTION 5(2) The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. 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. AGLIPAY v. RUIZ, 64 Phil 201 (March 13, 1937) Act No. 4052 contemplates no religious purpose in view. What it gives the Director of Posts is the discretionary power to determine when the issuance of special postage stamps would be "advantageous to the Government." Of course, the phrase "advantageous to the Government" does not authorize the violation of the Constitution. The stamps were not issue and sold for the benefit of the Roman Catholic Church. Nor were money derived from the sale of the stamps given to that church. There has been no constitutional infraction in the case at bar, Act No. 4052 grants the Director of Posts.

GARCES v. ESTENZO, 104 SCRA 510 (May 25, 1981) Resolution No. 5 of the barangay council of Valenzuela, Ormoc City, "reviving the traditional socio-religious celebration" every fifth day of April "of the feast day of Señor San Vicente Ferrer, the patron saint of Valenzuela", and providing for: (I) the acquisition of the image of San Vicente Ferrer; and (2) the construction of a waiting shed as the barangay's projects, funds for which would be obtained through the "selling of tickets and cash donations", does not directly or indirectly establish any religion, nor abridge religious liberty, nor appropriate money for the benefit of any sect, priest or clergyman. The image was purchased with private funds, not with tax money. The construction of the waiting shed is entirely a secular matter. The wooden image was purchased in connection with the celebration of the barrio fiesta honoring the patron saint, San Vicente Ferrer, and not for the purpose of favoring any religion or interfering with religious beliefs of the barrio residents. One of the highlights of the fiesta was the mass. Consequently, the image of the patron saint had to be placed in the church when the mass was celebrated. If there is nothing unconstitutional or illegal in holding a fiesta and having a patron saint for the barrio, then any activity intended to facilitate the worship of the patron saint (such as the acquisition and display of his image) cannot be branded as illegal. As noted in the resolution, the barrio fiesta is a socio-religious affair. Its celebration is an ingrained tradition in rural communities. The fiesta relieves the monotony and drudgery of the lives of the masses. 6. State Immunity from Suit i. Basis REPUBLIC v. VILLASOR, 54 SCRA 83 (November 28, 1973) It is a fundamental postulate of constitutionalism that the state as well as its government is immune from suit unless it gives its consent. The basic concept is that public funds cannot be the object of a garnishment proceeding even if the consent to be sued had been previously granted and the state liability adjudged. A rule which has never been seriously questioned, is that money in the hands of public officers, although it may be due government employees, is not liable to the creditors of these employees in the process of garnishment. Another reason is that moneys sought to be garnished, as long as they remain in the hands of the disbursing officer of the Government, belong to the latter, although the defendant in garnishment may be entitled to a specific portion thereof. And still another reason which covers both of the foregoing is that every consideration of public policy forbids it. ii. Foreign Government & Foreign Corporations and their Operations


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CONSTITUTIONAL LAW I (REVIEWER) U.S.A. v. RUIZ, 136 SCRA 487

The restrictive application of State immunity is proper only when the proceedings arise out of commercial transactions of the foreign sovereign, its commercial activities or economic affairs. Stated differently, a State may be said to have descended 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. It does not apply where the contract relates to the exercise of its sovereign functions. In this case the projects are an integral part of the naval base which is devoted to the defense of both the United States and the Philippines, indisputably a function of the government of the highest order; they are not utilized for nor dedicated to commercial or business purposes. M.H. WYLIE v. RARANG, 209 SCRA 357 (May 28, 1992) The rule that a state may not be sued without its consent, now expressed in Article XVI, Section 3, of the 1987 Constitution, is one of the generally accepted principles of international law that we have adopted as part of the law of our land under Article II, Section 21. However, immunity from suit cannot institutionalize irresponsibility and non-accountability nor grant a privileged status not claimed by any other official of the Republic. Killing a person in cold blood while on patrol duty, running over a child while driving with reckless imprudence on an official trip, or slandering a person during office hours could not possibly be covered by the immunity agreement. Our laws and, we presume, those of the United States do not allow the commission of crimes in the name of official duty. Article 2176 of the Civil Code prescribes a civil liability for damages caused by a person's act or omission constituting fault or negligence. "Fault" or "negligence" in this Article covers not only acts "not punishable by law" but also acts criminal in character, whether intentional or voluntary or negligent." Moreover, Article 2219(7) of the Civil Code provides that moral damages may be recovered in case of libel, slander or any other form of defamation. In effect, the offended party in these cases is given the right to receive from the guilty party moral damages for injury to his feelings and reputation in addition to punitive or exemplary damages. Indeed the imputation of theft contained in the POD dated February 3, 1978 is a defamation against the character and reputation of the Auring. Wylie himself admitted that the Office of the Provost Marshal explicitly recommended the deletion of the name Auring if the article were published. The petitioners, however, were negligent because under their direction they issued the publication without deleting the name "Auring." Such act or omission is ultra vires and cannot be part of official duty. It was a tortious act which ridiculed the private respondent. As a result of the petitioners' act,

the private respondent, according to the record, suffered besmirched reputation, serious anxiety, wounded feelings and social humiliation, specially so, since the article was baseless and false. The petitioners, alone, in their personal capacities are liable for the damages they caused the private respondent. MINUCHER v. C.A, G.R. No. 142396 (February 11, 2003) Filing a motion to quash, which, in effect already waives any defect in the service of summons by earlier asking an extension to file time to file an Answer and filing an Answer with Counterclaim. iii. Suits to Enforce Statutory Obligations ANIMOS v. PHIL. VETERANS AFFAIRS, 174 SCRA 214 (June 22, 1989) We have recently had occasion to reaffirm the force and primacy of the doctrine of non-suability. It does not admit of doubt, then, that if the suit were in fact against the State, the lower court should have dismissed the complaint. Nor is it to be doubted that while ostensibly an action may be against a public official, the defendant may in reality be the government. As a result, it is equally well-settled that where a litigation may have adverse consequences on the public treasury, whether in the disbursements of funds or loss of property, the public official proceeded against not being liable in his personal capacity, then the doctrine of non-suability may appropriately be invoked. It has no application, however, where the suit against such a functionary had to be instituted because of his failure to comply with the duty imposed by statute appropriating public funds for the benefit of plaintiff or petitioner. The Court strongly stresses that Republic Act No. 65, the veterans' Bill of Rights, was not meant to compensate alone veterans for the wounds of war. It is, above all, a gesture of gratitude on the part of the State and a tribute to their gallantry and selfless love of country. Though valor cannot be measured in terms of money, money is the best we can offer for the moment. And if we cannot do more, let us do no less. This case should not have indeed reached this Court had not insensitivity gotten the better of Government functionaries. iv. EXCEPTIONS 1. EXPRESS CONSENT ACT 3083 SECTION 1 Complaint against Government. — Subject to the provisions of this Act, the Government of the Philippine Islands hereby consents and submits to be sued upon any moneyed claim involving liability arising from contract, expressed or implied, which could serve as a basis of civil action between private parties.


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CONSTITUTIONAL LAW I (REVIEWER) The

doctrine

of

state

immunity

from

suit

is

*Under Commonwealth Act No. 327, 25 as amended by

constitutionally recognized and is germane to the

Section 26 of Presidential Decree No. 1445,26 it is the

concept of sovereignty. As such, the doctrine may be

COA which has primary jurisdiction over money claims

waived by general or special law. Immunity from suit

against government agencies and instrumentalities.

may also be waived by an implied consent to be sued

PNR v. I.A.C, 217 SCRA 401

as when, through its officers and agents, the state

The PNR as a private entity created not to discharge a

enters into a contract in furtherance of a legitimate aim

governmental function but, among other things, to

and purpose.

operate a transport service which is essentially a

7. State Liability for Torts

business concern, and thus barred from invoking immunity from suits. 2. ENGAGING IN PROPRIETY FUNCTIONS NATIONAL IRRIGATION ADMINISTRATION v. I.A.C., 214 SCRA 35 (September 18, 1992) The NIA "is not immune from suit, by virtue of the express provision of P.D. No. 552." A reading of Section 2, sub-paragraph (f) of P.D. No. 552, amending Republic Act No. 3601 shows the granting to NIA the power "to exercise all the powers of a corporation under the Corporation Law, insofar as they are not inconsistent with the provisions of this Act." Paragraph 4 of said law also provide that petitioner NIA may sue and be sued in court for all kind of actions, whether contractual or quasi-contractual, in the recovery of compensation and damages as in the instant case considering that private respondents’ action is based on damages caused by the negligence of petitioners. The National Irrigation Administration is a government agency with a juridical personality separate and distinct from the government. It is not a mere agency of the government but a corporate body performing proprietary functions" as it has its own assets and liabilities as well as its own corporate powers to be exercised by a Board of Directors. Paragraph 6, Article 2180 of the Civil Code of the Philippines states that: "The State is responsible in like manner when it acts through a special agent; but not when the damage has been caused by the official to whom the task done properly pertains, in which case what is provided in article 2176 shall be applicable." Article 2176 of said Code provides that: "Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no preexisting contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Charter." 3. GOVERNMENT LOANS AND CONTRACTS TRADERS ROYAL BANK v. I.A.C., 192 SCRA 305 The court held that the NMPC, in this case, is not

YULO v. CSC, 219 SCRA 470 (March 03, 1993) It is worth noting that respondent Elasigue terminated the subject employees as a result of the reorganization and approval of the new staffing pattern of the municipality by the Sangguniang Bayan of Calamba. Otherwise stated, Elasigue in terminating the services of respondent employees acted in his official capacity in the performance of his official duty. In the absence of any proof that a public officer has acted with malice or bad faith, he cannot be charged with personal liability for damages that may thereafter result (Mabutol v. Pascual, 124 SCRA 867 [1983]). Indeed, municipal officers are liable for damages if they act maliciously or wantonly, and if the work which they perform is done to injure an individual rather than to discharge a public duty (Rama v. Court of Appeals, 148 SCRA 496 [1987]). Such malice or bad faith on the part of a public officer in the performance of his duties must be shown persuasively. C. POLICIES 1. Independent foreign policy and a nuclear – free Philippines ARTICLE II SECTION 7 The State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to selfdetermination. ARTICLE II SECTION 8 The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory. ARTICLE XVIII SECTION 4 All existing treaties or international agreements which have not been ratified shall not be renewed or extended without the concurrence of at least two-thirds of all the Members of the Senate. ARTICLE XVIII SECTION 25

immune from suit.


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After the expiration in 1991 of the Agreement between the Republic of the Philippines and the United States of America concerning military bases, foreign military bases, troops, or facilities shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate and, when the Congress so requires, ratified by a majority of the votes cast by the people in a national referendum held for that purpose, and recognized as a treaty by the other contracting State. LIM v. EXEC. SEC., G.R. No. 151445 (April 11, 2002) To resolve this, it is necessary to refer to the VFA itself. The VFA permits United States personnel to engage, on an impermanent basis, in “activities,” the exact meaning of which was left undefined. The sole encumbrance placed on its definition is couched in the negative, in that United States personnel must “abstain from any activity inconsistent with the spirit of this agreement, and in particular, from any political activity. The Vienna Convention on the Law of Treaties, Articles 31 and 32 clearly provides that the cardinal rule of interpretation must involve an examination of the text, which is presumed to verbalize the parties’ intentions. The Convention likewise dictates what may be used as aids to deduce the meaning of terms, which it refers to as the context of the treaty, as well as other elements may be taken into account alongside the aforesaid context. It appeared farfetched that the ambiguity surrounding the meaning of the word “activities” arose from accident. As conceived, the joint exercises may include training on new techniques of patrol and surveillance to protect the nation’s marine resources, sea search-andrescue operations to assist vessels in distress, disaster relief operations, civic action projects such as the building of school houses, medical and humanitarian missions, and the like. Under these auspices, the VFA gives legitimacy to the current Balikatan exercises. It is only logical to assume that “Balikatan 02-1,” a “mutual anti-terrorism advising, assisting and training exercise,” falls under the umbrella of sanctioned or allowable activities in the context of the agreement. 2. A just and dynamic social order ARTICLE II SECTION 9 The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.

a. The promotion of social justice ARTICLE II SECTION 10 The State shall promote social justice in all phases of national development. ARTICLE XIII SECTION 1 The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good. To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and its increments. ARTICLE XIII SECTION 2 The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and self-reliance. ARTICLE XIII SECTION 13, PARAGRAPH 2 The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not, during his tenure, be appointed as Members of the Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including government-owned or controlled corporations and their subsidiaries. CALALANG v. WILLIAMS, 70 Phil 726 (December 02, 1940) The promulgation of the Act aims to promote safe transit upon and avoid obstructions on national roads in the interest and convenience of the public. Liberty is a blessing which should not be made to prevail over authority because society will fall into anarchy. Social justice is “neither communism, nor despotism, nor atomism, nor anarchy,” but the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated. Social justice means the promotion of the welfare of all the people, the adoption by the Government of measures calculated to insure economic stability of all the competent elements of society, through the maintenance of a proper economic and social equilibrium in the interrelations of the members of the community, constitutionally, through the adoption of measures legally justifiable, or extra-constitutionally, through the exercise of powers underlying the existence of all governments on the time-honored principles of salus populi est suprema lex.


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b. Respect for human dignity and human rights ARTICLE II SECTION 11 The State values the dignity of every human person and guarantees full respect for human rights. ARTICLE II SECTION 17 The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development. ARTICLE II SECTION 18 The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare. ARTICLE II SECTION 19 The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos. ARTICLE XVI SECTION 5(2) The State shall strengthen the patriotic spirit and nationalist consciousness of the military, and respect for people's rights in the performance of their duty. SIMON v. CHR, G.R. No. 100150 (January 05, 1994) The issuance of an "order to desist" is not within the extent of authority and power of the CHR. Article XIII, Section 18(1), provides the power and functions of the CHR to "investigate, on its own or on complaint by any part, all forms of human rights violation, involving civil and political rights". The "order to desist" however is not investigatory in character but an adjudicative power that it does not possess. The Constitutional provision directing the CHR to provide for preventive measures and legal aid services to the underprivileged whose human rights have been violated or need protection may not be construed to confer jurisdiction on the Commission to issue an restraining order or writ of injunction, for it were the intention, the Constitution would have expressly said so. Not being a court of justice, the CHR itself has no jurisdiction to issue the writ, for a writ of preliminary injunction may only be issued by the Judge in any court in which the action is pending or by a Justice of the CA or of the SC. c. Fundamental equality of women and men

ARTICLE II SECTION 14 The State recognizes the role of women in nationbuilding, and shall ensure the fundamental equality before the law of women and men. ARTICLE XIII SECTION 14 The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation. PASEI v. DRILON, 163 SCRA 386 “PASEI has shown no satisfactory reason why the contested measure should be nullified. There is no question that Department Order No. 1 applies only to "female contract workers," but it does not thereby make an undue discrimination between the sexes. It is wellsettled that "equality before the law" under the Constitution does not import a perfect Identity of rights among all men and women. It admits of classifications, provided that (1) such classifications rest on substantial distinctions; (2) they are germane to the purposes of the law; (3) they are not confined to existing conditions; and (4) they apply equally to all members of the same class. The Court is satisfied that the classification made-the preference for female workers — rests on substantial distinctions. d. Promotion of health and ecology ARTICLE II SECTION 15 The State shall protect and promote the right to health of the people and instill health consciousness among them. ARTICLE II SECTION 16 The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. ARTICLE XIII SECTION 11 The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost. There shall be priority for the needs of the underprivileged, sick, elderly, disabled, women, and children. The State shall endeavor to provide free medical care to paupers. ARTICLE XIII SECTION 12 The State shall establish and maintain an effective food and drug regulatory system and undertake appropriate


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health, manpower development, and research, responsive to the country's health needs and problems. ARTICLE XIII SECTION 13 The State shall establish a special agency for disabled person for their rehabilitation, self-development, and self-reliance, and their integration into the mainstream of society. e. The priority of education, science, technology, arts, culture and sports (ESTACS)

(4) The State shall enhance the right of teachers to professional advancement. Non-teaching academic and non-academic personnel shall enjoy the protection of the State. (5) The State shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment. f. Urban land reform and housing

ARTICLE II SECTION 17

ARTICLE XIII SECTION 9

The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.

The State shall, by law, and for the common good, undertake, in cooperation with the private sector, a continuing program of urban land reform and housing which will make available at affordable cost, decent housing and basic services to under-privileged and homeless citizens in urban centers and resettlement areas. It shall also promote adequate employment opportunities to such citizens. In the implementation of such program the State shall respect the rights of small property owners.

ARTICLE XIV SECTION 2. The State shall: (1) Establish, maintain, and support a complete, adequate, and integrated system of education relevant to the needs of the people and society; (2) Establish and maintain, a system of free public education in the elementary and high school levels. Without limiting the natural rights of parents to rear their children, elementary education is compulsory for all children of school age; (3) Establish and maintain a system of scholarship grants, student loan programs, subsidies, and other incentives which shall be available to deserving students in both public and private schools, especially to the under-privileged;

ARTICLE XIII SECTION 10 Urban or rural poor dwellers shall not be evicted nor their dwelling demolished, except in accordance with law and in a just and humane manner. No resettlement of urban or rural dwellers shall be undertaken without adequate consultation with them and the communities where they are to be relocated. g. Reform resources

in

agriculture

(4) Encourage non-formal, informal, and indigenous learning systems, as well as self-learning, independent, and out-of-school study programs particularly those that respond to community needs; and


(5) Provide adult citizens, the disabled, and out-ofschool youth with training in civics, vocational efficiency, and other skills.


ARTICLE XIV SECTION 5 (1) the State shall take into account regional and sectoral needs and conditions and shall encourage local planning in the development of educational policies and programs. (2) Academic freedom shall be enjoyed in all institutions of higher learning. (3) Every citizen has a right to select a profession or course of study, subject to fair, reasonable, and equitable admission and academic requirements.

and

other

natural

The State shall promote comprehensive development and agrarian reform.

rural

The State shall, by law, undertake an agrarian reform program founded on the right of farmers and regular farmworkers who are landless, to own directly or collectively the lands they till or, in the case of other farmworkers, to receive a just share of the fruits thereof. To this end, the State shall encourage and undertake the just distribution of all agricultural lands, subject to such priorities and reasonable retention limits as the Congress may prescribe, taking into account ecological, developmental, or equity considerations, and subject to the payment of just compensation. In determining retention limits, the State shall respect the right of small landowners. The State shall further provide incentives for voluntary land-sharing.


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ARTICLE XIII SECTION 5 The State shall recognize the right of farmers, farmworkers, and landowners, as well as cooperatives, and other independent farmers' organizations to participate in the planning, organization, and management of the program, and shall provide support to agriculture through appropriate technology and research, and adequate financial, production, marketing, and other support services. ARTICLE XIII SECTION 6 The State shall apply the principles of agrarian reform or stewardship, whenever applicable in accordance with law, in the disposition or utilization of other natural resources, including lands of the public domain under lease or concession suitable to agriculture, subject to prior rights, homestead rights of small settlers, and the rights of indigenous communities to their ancestral lands. The State may resettle landless farmers and farmworkers in its own agricultural estates which shall be distributed to them in the manner provided by law. ARTICLE XIII SECTION 7 The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of the communal marine and fishing resources, both inland and offshore. It shall provide support to such fishermen through appropriate technology and research, adequate financial, production, and marketing assistance, and other services. The State shall also protect, develop, and conserve such resources. The protection shall extend to offshore fishing grounds of subsistence fishermen against foreign intrusion. Fishworkers shall receive a just share from their labor in the utilization of marine and fishing resources.

The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare. ARTICLE XIII SECTION 3 The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all. It shall guarantee the rights of all workers to selforganization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law. The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace. The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns to investments, and to expansion and growth. THE RIGHT OF GOVERNMENT WORKERS TO FORM UNIONS ARTICLE III SECTION 8 The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.


ARTICLE IX. B, SECTION 2(5)

The State shall provide incentives to landowners to invest the proceeds of the agrarian reform program to promote industrialization, employment creation, and privatization of public sector enterprises. Financial instruments used as payment for their lands shall be honored as equity in enterprises of their choice.

The right to self-organization shall not be denied to government employees.

h. Protection of Labor


SSS EMPLOY. ASSN. v. CA, 175 SCRA 686 (1989) The Constitutional provisions enshrined on Human Rights and Social Justice provides guarantee among workers with the right to organize and conduct peaceful concerted activities such as strikes. On one hand, Section 14 of E.O No. 180 provides that “the Civil Service Law and Rules governing concerted activities and strikes in the government service shall be observed, subject to any legislation that may be enacted by Congress” referring to Memorandum Circular No. 6, s. 1987 of the Civil Service Commission which states that “prior to the enactment by Congress of applicable laws concerning


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strike by government employees enjoins under pain of administrative sanctions, all government officers and employees from staging strikes, demonstrations, mass leaves, walk-outs and other forms of mass action which will result in temporary stoppage or disruption of public service.” Therefore in the absence of any legislation allowing govt. employees to strike they are prohibited from doing so. i. Independent people’s organization ARTICLE II SECTION 23 The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation. ARTICLE XIII SECTION 15 The State shall respect the role of independent people's organizations to enable the people to pursue and protect, within the democratic framework, their legitimate and collective interests and aspirations through peaceful and lawful means. People's organizations are bona fide associations of citizens with demonstrated capacity to promote the public interest and with identifiable leadership, membership, and structure. ARTICLE XIII SECTION 16 The right of the people and their organizations to effective and reasonable participation at all levels of social, political, and economic decision-making shall not be abridged. The State shall, by law, facilitate the establishment of adequate consultation mechanisms. 3. The family as a Basic Autonomous SOCIAL Institution ARTICLE II SECTION 12 The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government. ARTICLE XV SECTION 1 The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development. ARTICLE XV SECTION 2

Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State. ARTICLE XV SECTION 3 The State shall defend: (1) The right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood; (2) The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development; (3) The right of the family to a family living wage and income; and (4) The right of families or family associations to participate in the planning and implementation of policies and programs that affect them. ARTICLE XV SECTION 4 The family has the duty to care for its elderly members but the State may also do so through just programs of social security. ARTICLE II SECTION 13 The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social wellbeing. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. ARTICLE 52, NCC Marriage is not a mere contract but an inviolable social institution. IMBONG & IMBONG ET.AL v. OCHOA, ET.AL. G.R. No. 204819 April 8, 2014 In its plain and ordinary meaning (a canon in statutory construction), the traditional meaning of “conception” according to reputable dictionaries cited by the ponente is that life begins at fertilization. Medical sources also support the view that conception begins at fertilization. 4. A self-reliant and independent ECONOMIC order ARTICLE II SECTION 19 The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos. ARTICLE II SECTION 20


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The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments.

(2) The advertising industry is impressed with public interest, and shall be regulated by law for the protection of consumers and the promotion of the general welfare.

ARTICLE XII SECTION 6

Only Filipino citizens or corporations or associations at least seventy per centum of the capital of which is owned by such citizens shall be allowed to engage in the advertising industry.

The use of property bears a social function, and all economic agents shall contribute to the common good. Individuals and private groups, including corporations, cooperatives, and similar collective organizations, shall have the right to own, establish, and operate economic enterprises, subject to the duty of the State to promote distributive justice and to intervene when the common good so demands. TANADA v. ANGARA, 272 SCRA 18 The Senate, after deliberation and voting, gave its consent to the WTO Agreement thereby making it “a part of the law of the land”. The Supreme Court gave due respect to an equal department in government. It presumes its actions as regular and done in good faith unless there is convincing proof and persuasive agreements to the contrary. As a result, the ratification of the WTO Agreement limits or restricts the absoluteness of sovereignty. A treaty engagement is not a mere obligation but creates a legally binding obligation on the parties. A state which has contracted valid international obligations is bound to make its legislations such modifications as may be necessary to ensure the fulfillment of the obligations undertaken.

The participation of foreign investors in the governing body of entities in such industry shall be limited to their proportionate share in the capital thereof, and all the executive and managing officers of such entities must be citizens of the Philippines. ARTICLE XVIII SECTION 23 Advertising entities affected by paragraph (2), Section 11 of Article XV1 of this Constitution shall have five years from its ratification to comply on a graduated and proportionate basis with the minimum Filipino ownership requirement therein. 6. Autonomy of local governments ARTICLE II SECTION 25 The State shall ensure the autonomy of governments.

local

7. Recognition of the rights of indigenous cultural communities

5. Communication and information in nationbuilding



The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.

The State recognizes the vital role of communication and information in nation-building. ARTICLE XVI SECTION 10 The State shall provide the policy environment for the full development of Filipino capability and the emergence of communication structures suitable to the needs and aspirations of the nation and the balanced flow of information into, out of, and across the country, in accordance with a policy that respects the freedom of speech and of the press. ARTICLE XVI SECTION 11 (1) The ownership and management of mass media shall be limited to citizens of the Philippines, or to corporations, cooperatives or associations, whollyowned and managed by such citizens. The Congress shall regulate or prohibit monopolies in commercial mass media when the public interest so requires. No combinations in restraint of trade or unfair competition therein shall be allowed.

ARTICLE VI SECTION 5(2) The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. 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. ARTICLE XII SECTION 5 The State, subject to the provisions of this Constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being. The Congress may provide for the applicability of customary laws governing property rights or relations in


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determining the ownership and extent of ancestral domain. ARTICLE XIII SECTION 6 The State shall apply the principles of agrarian reform or stewardship, whenever applicable in accordance with law, in the disposition or utilization of other natural resources, including lands of the public domain under lease or concession suitable to agriculture, subject to prior rights, homestead rights of small settlers, and the rights of indigenous communities to their ancestral lands. The State may resettle landless farmers and farmworkers in its own agricultural estates which shall be distributed to them in the manner provided by law. ARTICLE XIV SECTION 17 The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies. ARTICLE XVI SECTION 12 The Congress may create a consultative body to advise the President on policies affecting indigenous cultural communities, the majority of the members of which shall come from such communities. 8. Equal Access of Opportunities for Public Service ARTICLE II SECTION 26 The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law. PAMATONG v. COMELEC; G.R. No. 161872 (April 13, 2004) The rationale behind the prohibition against nuisance candidates and the disqualification of candidates who have not evinced a bona fide intention to run for office is easy to divine. The State has a compelling interest to ensure that its electoral exercises are rational, objective, and orderly. Towards this end, the State takes into account the practical considerations in conducting elections. Inevitably, the greater the number of candidates, the greater the opportunities for logistical confusion, not to mention the increased allocation of time and resources in preparation for the election. 9. Honest Public Service and Full Public Disclosure

ARTICLE II, SECTION 27

The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. ARTICLE XI, SECTION 4 The present anti-graft court known as the Sandiganbayan shall continue to function and exercise its jurisdiction as now or hereafter may be provided by law. ARTICLE XI, SECTION 5 There is hereby created the independent Office of the Ombudsman, composed of the Ombudsman to be known as Tanodbayan, one overall Deputy and at least one Deputy each for Luzon, Visayas, and Mindanao. A separate Deputy for the military establishment may likewise be appointed. ARTICLE XI, SECTION 6 The officials and employees of the Office of the Ombudsman, other than the Deputies, shall be appointed by the Ombudsman, according to the Civil Service Law. ARTICLE XI, SECTION 7 The existing Tanodbayan shall hereafter be known as the Office of the Special Prosecutor. It shall continue to function and exercise its powers as now or hereafter may be provided by law, except those conferred on the Office of the Ombudsman created under this Constitution ARTICLE XI, SECTION 8 The Ombudsman and his Deputies shall be naturalborn citizens of the Philippines, and at the time of their appointment, at least forty years old, of recognized probity and independence, and members of the Philippine Bar, and must not have been candidates for any elective office in the immediately preceding election. The Ombudsman must have, for ten years or more, been a judge or engaged in the practice of law in the Philippines. During their tenure, they shall be subject to the same disqualifications and prohibitions as provided for in Section 2 of Article 1X-A of this Constitution. ARTICLE XI, SECTION 9 The Ombudsman and his Deputies shall be appointed by the President from a list of at least six nominees prepared by the Judicial and Bar Council, and from a list of three nominees for every vacancy thereafter. Such appointments shall require no confirmation. All vacancies shall be filled within three months after they occur.


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ARTICLE XI, SECTION 10 The Ombudsman and his Deputies shall have the rank of Chairman and Members, respectively, of the Constitutional Commissions, and they shall receive the same salary which shall not be decreased during their term of office. ARTICLE XI, SECTION 11 The Ombudsman and his Deputies shall serve for a term of seven years without reappointment. They shall not be qualified to run for any office in the election immediately succeeding their cessation from office. ARTICLE XI, SECTION 12 The Ombudsman and his Deputies, as protectors of the people, shall act promptly on complaints filed in any form or manner against public officials or employees of the Government, or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations, and shall, in appropriate cases, notify the complainants of the action taken and the result thereof. ARTICLE XI, SECTION 13 The Office of the Ombudsman shall have the following powers, functions, and duties: (1) Investigate on its own, or on complaint by any person, any act or omission of any public official, employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient. (2) Direct, upon complaint or at its own instance, any public official or employee of the Government, or any subdivision, agency or instrumentality thereof, as well as of any government-owned or controlled corporation with original charter, to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties. (3) Direct the officer concerned to take appropriate action against a public official or employee at fault, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith. (4) Direct the officer concerned, in any appropriate case, and subject to such limitations as may be provided by law, to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action. (5) Request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents.

(6) Publicize matters covered by its investigation when circumstances so warrant and with due prudence. (7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the Government and make recommendations for their elimination and the observance of high standards of ethics and efficiency. (8) Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law. ARTICLE XI, SECTION 14 The Office of the Ombudsman shall enjoy fiscal autonomy. Its approved annual appropriations shall be automatically and regularly released. ARTICLE XI, SECTION 15 The right of the State to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees, shall not be barred by prescription, laches, or estoppel. ARTICLE II, SECTION 28 Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest. ARTICLE XI, SECTION 17 A public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the case of the President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices, and officers of the armed forces with general or flag rank, the declaration shall be disclosed to the public in the manner provided by law. ARTICLE VII, SECTION 12 In case of serious illness of the President, the public shall be informed of the state of his health. The members of the Cabinet in charge of national security and foreign relations and the Chief of Staff of the Armed Forces of the Philippines, shall not be denied access to the President during such illness.

ARTICLE VII, SECTION 20 The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior concurrence of the Monetary Board, and subject to


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such limitations as may be provided by law. The Monetary Board shall, within thirty days from the end of every quarter of the calendar year, submit to the Congress a complete report of its decision on applications for loans to be contracted or guaranteed by the Government or government-owned and controlled corporations which would have the effect of increasing the foreign debt, and containing other matters as may be provided by law. ARTICLE XII, SECTION 21 Foreign loans may only be incurred in accordance with law and the regulation of the monetary authority. Information on foreign loans obtained or guaranteed by the Government shall be made available to the public. ARTICLE XII, SECTION 2, PAR. 5 The President shall notify the Congress of every contract entered into in accordance with this provision, within thirty days from its execution. ARTICLE VI, SECTION 12 All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors. ARTICLE VI, SECTION 20 The records and books of accounts of the Congress shall be preserved and be open to the public in accordance with law, and such books shall be audited by the Commission on Audit which shall publish annually an itemized list of amounts paid to and expenses incurred for each Member.

records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. LEGASPI v. CIVIL SERVICE COMMISSION; 150 SCRA 530 The court delves into determining whether the information sought for by the petitioner is of public interest. All appointments in the Civil Service Commission are made according to merit and fitness while a public office is a public trust. Public employees therefore are accountable to the people even as to their eligibilities to their positions in the government. The court also noted that the information on the result of the CSC eligibility examination is released to the public therefore the request of petitioner is one that is not unusual or unreasonable. The public, through any citizen, has the right to verify the civil eligibilities of any person occupying government positions. PART VII. DISTRIBUTION AND SEPARATION OF POWERS A.

PURPOSE

AND

PRINCIPLE

OF

SEPARATION OF POWERS *The purpose of the separation of powers is to avoid concentration of one department in an issue. Concentration in one issue may lead to tyranny. *The principle of separation of powers is to have the three branches of Government to exercise its own functions. B.

INTERDEPENDENCE,

BLENDING

OF

POWERS and CHECKS AND BALANCES

ARTICLE IX, D, SECTION 4 The Commission shall submit to the President and the Congress, within the time fixed by law, an annual report covering the financial condition and operation of the Government, its subdivisions, agencies, and instrumentalities, including government-owned or controlled corporations, and non-governmental entities subject to its audit, and recommend measures necessary to improve their effectiveness and efficiency. It shall submit such other reports as may be required by law.

ARTICLE III, SECTION 7 The right of the people to information on matters of public concern shall be recognized. Access to official

*The Judiciary can only exercise its power if there is a petition filed. KILOSBAYAN INC. v. GUINGONA; 232 SCRA 110 Section 1 of R.A. No. 1169, as amended by B.P. Blg. 42, prohibits the PCSO from holding and conducting lotteries “in collaboration, association or joint venture with any person, association, company or entity, whether domestic or foreign.” There is undoubtedly a collaboration between PCSO and PGMC and not merely a contract of lease. The relations between PCSO and PGMC cannot be defined simply by the designation they used, i.e., a contract of lease. Pursuant to the wordings of their agreement, PGMC at its own expense shall build, operate, and manage the network system including its facilities needed to operate a nationwide online lottery system. PCSO bears no risk and all it does is to provide its franchise – in violation of


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its charter. Necessarily, the use of such franchise by PGMC is a violation of Act No. 3846.

inhibition, or when there has been an arbitrary exercise of the legislative discretion.

DEMETRIA v. ALBA; 148 SCRA 208 (1987)

ALEJANDRINO v. QUEZON; 46 PHIL 83

The Constitution provides that no law shall be passed authorizing any transfer of appropriations, however, the President, the Prime Minister, the Speaker, the Chief Justice of the Supreme Court, and the heads of constitutional commissions may by law be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations.

Neither the Philippine Legislature nor a branch thereof can be directly controlled in the exercise of their legislative powers by any judicial process. The Court accordingly lacks jurisdiction to consider the petition and the demurrer must be sustained.

However, paragraph 1 of Section 44 of PD 1177 unduly overextends the privilege granted under the Constitution. It empowers the President to indiscriminately transfer funds from one department, bureau, office or agency of the Executive Department to any program, project or activity of any department, bureau or office included in the General Appropriations Act or approved after its enactment, without regard as to whether or not the funds to be transferred are actually savings in the item from which the same are to be taken, or whether or not the transfer is for the purpose of augmenting the item to which said transfer is to be made. It does not only completely disregard the standards set in the fundamental law, thereby amounting to an undue delegation of legislative powers, but likewise goes beyond the tenor thereof. Indeed, such constitutional infirmities render the provision in question null and void. C.

JUSTICIABLE

AND

POLITICAL

QUESTIONS JUSTICIABLE QUESTION A question of legality POLITICAL QUESTION It is pertaining to the wisdom wherein the Judiciary has no power to intervene. *To determine if the Court has jurisdiction over the case, it is important to examine the nature of the issue. ARNAULT v. BALAGTAS; 97 PHIL 358 (1955) This Court has no right or power or authority to do, much in the same manner that the legislative department may not invade the judicial realm in the ascertainment of truth and in the application and interpretation of the law, in what is known as the judicial process, because that would be in direct conflict with the fundamental principle of separation of powers established by the Constitution. The only instances when judicial intervention may lawfully be invoke are when there has been a violation of a constitutional

ARTICLE VIII, SECTION 1 The judicial power shall be vested in one 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 lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. *The second paragraph of the provision limits the issue regarding political question. It evinces that political question is limited only to wisdom. ARTICLE VII, SECTION 18 The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it. The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need of a call. The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the


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suspension of the privilege of the writ of habeas corpus or the extension thereof, and must promulgate its decision thereon within thirty days from its filing. A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ of habeas corpus. The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion. During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released. PART VIII. THE STRUCTURE AND POWERS OF THE NATIONAL GOVERNMENT A. CONGRESS 1. Composition, Qualifications and Term of Office a. Senate ARTICLE VI, SECTION 2 The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law. ARTICLE VI, SECTION 3 No person shall be a Senator unless he is a naturalborn 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 two years immediately preceding the day of the election. ARTICLE VI, 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. No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term of which he was elected. WHY SENATORS LARGE?

SHOULD

BE

a. They see Senate as the training ground for Presidency b. To attain balance B. HOUSE OF REPRESENTATIVES ARTICLE VI, SECTION 5 (1) The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the 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 per centum of the total number of representatives including those under the party list. 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 district shall comprise, as far as practicable, contiguous, 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 census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section. *Even if the party – list already acquired a guaranteed seat, they are still capable of acquiring the additional seats. There are three additional seats per party – list. *PARAGRAPH 3 “WITH A POPULATION OF AT LEAST TWO HUNDRED FIFTY THOUSAND” It is the population that counts, not the no. of registered voter *Party – list may be elected in a regular election. *It is the party – list nominee who is prohibited from running after three consecutive terms, not the party – list itself.

ELECTED-ATARTICLE VI, SECTION 6


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No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, and, except the party-list representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a period of not less than one year immediately preceding the day of the election. ARTICLE VI, SECTION 7 The Members of the House of Representatives shall be elected for a term of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Member of the House of Representatives shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. ARTICLE VI, SECTION 8 Unless otherwise provided by law, the regular election of the Senators and the Members of the House of Representatives shall be held on the second Monday of May. REPUBLIC ACT NO. 7941 or THE PARTY-LIST SYSTEM ACT Section 1. Title. This Act shall be known as the "PartyList System Act." Section 2. Declaration of party. The State shall promote proportional representation in the election of representatives to the House of Representatives through a party-list system of registered national, regional and sectoral parties or organizations or coalitions thereof, which will enable Filipino citizens belonging to marginalized and under-represented sectors, organizations and parties, and who lack welldefined political constituencies but who could contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole, to become members of the House of Representatives. Towards this end, the State shall develop and guarantee a full, free and open party system in order to attain the broadcast possible representation of party, sectoral or group interests in the House of Representatives by enhancing their chances to compete for and win seats in the legislature, and shall provide the simplest scheme possible. Section 3. Definition of Terms. (a) The party-list system is 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 part does not participate in the partylist system.

(b) A party means either a political party or a sectoral party or a coalition of parties. (c) A political party refers to an organized group of citizens advocating an ideology or platform, principles and policies for the general conduct of government and which, as the most immediate means of securing their adoption, regularly nominates and supports certain of its leaders and members as candidates for public office. It is a national party when its constituency is spread over the geographical territory of at least a majority of the regions. It is a regional party when its constituency is spread over the geographical territory of at least a majority of the cities and provinces comprising the region. (d) A sectoral party refers to an organized group of citizens belonging to any of the sectors enumerated in Section 5 hereof whose principal advocacy pertains to the special interest and concerns of their sector, (e) A sectoral organization refers to a group of citizens or a coalition of groups of citizens who share similar physical attributes or characteristics, employment, interests or concerns. (f) A coalition refers to an aggrupation of duly registered national, regional, sectoral parties or organizations for political and/or election purposes. Section 4. Manifestation to Participate in the Party-List System. Any party, organization, or coalition already registered with the Commission need not register anew. However, such party, organization, or coalition shall file with the Commission, not later than ninety (90) days before the election, a manifestation of its desire to participate in the party-list system. Section 5. Registration. Any organized group of persons may register as a party, organization or coalition for purposes of the party-list system by filing with the COMELEC not later than ninety (90) days before the election a petition verified by its president or secretary stating its desire to participate in the party-list system as a national, regional or sectoral party or organization or a coalition of such parties or organizations, attaching thereto its constitution, bylaws, platform or program of government, list of officers, coalition agreement and other relevant information as the COMELEC may require: Provided, That the sectors shall include labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals. The COMELEC shall publish the petition in at least two (2) national newspapers of general circulation. The COMELEC shall, after due notice and hearing, resolve the petition within fifteen (15) days from the date it was submitted for decision but in no case not later than sixty (60) days before election.


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Section 6. Refusal and/or Cancellation of Registration. The COMELEC may, motu propio or upon verified complaint of any interested party, refuse or cancel, after due notice and hearing, the registration of any national, regional or sectoral party, organization or coalition on any of the following grounds: (1) It is a religious sect or denomination, organization or association, organized for religious purposes; (2) It advocates violence or unlawful means to seek its goal; (3) It is a foreign party or organization; (4) It is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes; (5) It violates or fails to comply with laws, rules or regulations relating to elections; (6) It declares untruthful statements in its petition; (7) It has ceased to exist for at least one (1) year; or (8) It fails to participate in the last two (2) preceding elections or fails to obtain at least two per centum (2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered. Section 7. Certified List of Registered Parties. The COMELEC shall, not later than sixty (60) days before election, prepare a certified list of national, regional, or sectoral parties, organizations or coalitions which have applied or who have manifested their desire to participate under the party-list system and distribute copies thereof to all precincts for posting in the polling places on election day. The names of the part y-list nominees shall not be shown on the certified list. Section 8. Nomination of Party-List Representatives. Each registered party, organization or coalition shall submit to the COMELEC not later than forty-five (45) days before the election a list of names, not less than five (5), from which party-list representatives shall be chosen in case it obtains the required number of votes. A person may be nominated in one (1) list only. Only persons who have given their consent in writing may be named in the list. The list shall not include any candidate for any elective office or a person who has lost his bid for an elective office in the immediately preceding election. No change of names or alteration of the order of nominees shall be allowed after the same shall have been submitted to the COMELEC except in cases where the nominee dies, or withdraws in writing his nomination, becomes incapacitated in which case the name of the substitute nominee shall be placed last in the list. Incumbent sectoral representatives in the

House of Representatives who are nominated in the party-list system shall not be considered resigned. Section 9. Qualifications of Party-List Nominees. No person shall be nominated as party-list representative unless he is a natural-born citizen of the Philippines, a registered voter, a resident of the Philippines for a period of not less than one (1)year immediately preceding the day of the election, able to read and write, a bona fide member of the party or organization which he seeks to represent for at least ninety (90) days preceding the day of the election, and is at least twenty-five (25) years of age on the day of the election. In case of a nominee of the youth sector, he must at least be twenty-five (25) but not more than thirty (30) years of age on the day of the election. Any youth sectoral representative who attains the age of thirty (30) during his term shall be allowed to continue in office until the expiration of his term. Section 10. Manner of Voting. Every voter shall be entitled to two (2) votes: the first is a vote for candidate for member of the House of Representatives in his legislative district, and the second, a vote for the party, organizations, or coalition he wants represented in the house of Representatives: Provided, That a vote cast for a party, sectoral organization, or coalition not entitled to be voted for shall not be counted: Provided, finally, That the first election under the party-list system shall be held in May 1998. The COMELEC shall undertake the necessary information campaign for purposes of educating the electorate on the matter of the party-list system. Section 11. Number of Party-List Representatives. The party-list representatives shall constitute twenty per centum (20%) of the total number of the members of the House of Representatives including those under the party-list. For purposes of the May 1998 elections, the first five (5) major political parties on the basis of party representation in the House of Representatives at the start of the Tenth Congress of the Philippines shall not be entitled to participate in the party-list system. In determining the allocation of seats for the second vote, the following procedure shall be observed: (a) The parties, organizations, and coalitions shall be ranked from the highest to the lowest based on the number of votes they garnered during the elections. (b) The parties, organizations, and coalitions receiving at least two percent (2%) of the total votes cast for the party-list system shall be entitled to one seat each: Provided, That those garnering more than two percent (2%) of the votes shall be entitled to additional seats in proportion to their total number of votes : Provided, finally, That each party, organization, or coalition shall be entitled to not more than three (3) seats. Section 12. Procedure in Allocating Seats for Party-List Representatives. The COMELEC shall tally all the votes


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for the parties, organizations, or coalitions on a nationwide basis, rank them according to the number of votes received and allocate party-list representatives proportionately according to the percentage of votes obtained by each party, organization, or coalition as against the total nationwide votes cast for the party-list system. Section 13. How Party-List Representatives are Chosen. Party-list representatives shall be proclaimed by the COMELEC based on the list of names submitted by the respective parties, organizations, or coalitions to the COMELEC according to their ranking in said list. Section 14. Term of Office. Party-list representatives shall be elected for a term of three (3) years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No party-list representatives shall serve for more than three (3) consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity his service for the full term for which he was elected. Section 15. Change of Affiliation; Effect. Any elected party-list representative who changes his political party or sectoral affiliation during his term of office shall forfeit his seat: Provided, That if he changes his political party or sectoral affiliation within six (6) months before an election, he shall not be eligible for nomination as partylist representative under his new party or organization. Section 16. Vacancy. In case of vacancy in the seats reserved for party-list representatives, the vacancy shall be automatically filled by the next representative from the list of nominees in the order submitted to the COMELEC by the same party, organization, or coalition, who shall serve for the unexpired term. If the list is exhausted, the party, organization coalition concerned shall submit additional nominees. Section 17. Rights of Party-List Representatives. PartyList Representatives shall be entitled to the same salaries and emoluments as regular members of the House of Representatives. Section 18. Rules and Regulations. The COMELEC shall promulgate the necessary rules and regulations as may be necessary to carry out the purposes of this Act. Section 19. Appropriations. The amount necessary for the implementation of this Act shall be provided in the regular appropriations for the Commission on Elections starting fiscal year 1996 under the General Appropriations Act. Starting 1995, the COMELEC is hereby authorized to utilize savings and other available funds for purposes of its information campaign on the party-list system. Section 20. Separability Clause. If any part of this Act is held invalid or unconstitutional, the other parts or provisions thereof shall remain valid and effective. Section 21. Repealing Clause. All laws, decrees, executive orders, rules and regulations, or parts

thereof, inconsistent with the provisions of this Act are hereby repealed. Section 22. Effectivity. This Act shall take effect fifteen (15) days after its publication in a newspaper of general circulation. BARANGAY ASSOCIATION FOR NATIONAL ADVANCEMENT AND TRANSPARENCY (BANAT) v. COMELEC; G.R. Nos. 179271 & 179295 (April 21, 2009 & August 7, 2009) The 80-20 rule is observed in the following manner: for every 5 seats allotted for legislative districts, there shall be one seat allotted for a party-list representative. Originally, the 1987 Constitution provides that there shall be not more than 250 members of the lower house. Using the 80-20 rule, 200 of that will be from legislative districts, and 50 would be from party-list representatives. However, the Constitution also allowed Congress to fix the number of the membership of the lower house as in fact, it can create additional legislative districts as it may deem appropriate. As can be seen in the May 2007 elections, there were 220 district representatives, hence applying the 80-20 rule or the 5:1 ratio, there should be 55 seats allotted for party-list representatives. SJS v. DANGEROUS DRUGS BOARD; G.R. No. 157870 (November 3, 2008) The Congress cannot enact a law prescribing qualifications for candidates for senator in addition to those laid down by the Constitution. ATONG PAGLAUM INC. v. COMELEC; G.R. No. 203766 (April 2, 2013) A majority of the members of sectoral parties or organizations that represent the “marginalized an 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 a bona-fide members of such parties or organizations. 2. Election a. Regular Election ARTICLE VI, SECTION 8


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Unless otherwise provided by law, the regular election of the Senators and the Members of the House of Representatives shall be held on the second Monday of May. b. Special Election ARTICLE VI, SECTION 9 In case of vacancy in the Senate or in the House of Representatives, a special election may be called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term. *Filling the vacancy is not mandatory because (a) There is a period stated in R.A. 6645; and (b) A resolution must first be present declaring such vacancy. ”IN THE MANNER PRESCRIBED BY LAW” R.A. No. 6645 contains the rules on special elections for Congress, I case of vacancy. R.A. No. 6645 or AN ACT PRESCRIBING THE MANNER OF FILING A VACANCY IN THE CONGRESS OF THE PHILIPPINES Section 1. In case a vacancy arises in the Senate at least eighteen (18) months or in the House of Representatives at least (1) year before the next regular election for Members of Congress, the Commission on Elections, upon receipt of a resolution of the Senate or the House of Representatives, as the case may be, certifying to the existence of such vacancy and calling for a special election, shall hold a special election to fill such vacancy.f Congress is in recess, an official communication on the existence of the vacancy and call for a special election by the President of the Senate or by the Speaker of the House of Representatives, as the case may be, shall be sufficient for such purpose. The Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term. Section 2. The Commission on Elections shall fix the date of the special election, which shall not be earlier than forty-five (45) days not later than ninety (90) days from the date of such resolution or communication, stating among other things the office or offices to be voted for: provided, however, that if within the said period a general election is scheduled to be held, the special election shall be held simultaneously with such general election. Section 3. The Commission on Elections shall send copies of the resolution, in number sufficient for due distribution and publication, to the Provincial of City Treasurer of each province or city concerned, who in turn shall publish it in their respective localities by

posting at least three copies thereof in as many conspicuous places in each of their election precincts, and a copy in each of the polling places and public markets, and in the municipal buildings. Section 4. This Act shall take effect upon its publication in the Official Gazette or in at least two newspapers of general circulation. 3. Organization and Sessions ARTICLE VI, SECTION 15 The Congress shall convene once every year on the fourth Monday of July for its regular session, unless a different date is fixed by law, and shall continue to be in session for such number of days as it may determine until thirty days before the opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays. The President may call a special session at any time. a. Election of Officers ARTICLE VI, SECTION 16(1) The Senate shall elect its President and the House of Representatives, its Speaker, by a majority vote of all its respective Members. Each House shall choose such other officers as it may deem necessary. SANTIAGO v. GUINGONA; G.R. No. 134577 (November 18, 1998) While the Constitution mandates that the President of the Senate must be elected by a number constituting more than one half of all the members thereof, it does not provide that the members who will not vote for him shall ipso facto constitute the “minority,” who could thereby elect the minority leader. No law or regulation states that the defeated candidate shall automatically become the minority leader. b. Quorum ARTICLE VI, SECTION 16(2) A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as such House may provide.

AVELINO v. CUENCO; 83 PHIL 17 (1949) There is a difference between “a majority of all the members” of a body and “a majority” of the body, the


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latter requiring less number than the former. Under Section 16(2), the basis of the quorum is not the number of all the members who constitute the entire membership of each House. Members suspended or otherwise prevented from participating in the functions of either House or who for the time being may be outside the Philippines and on whom Congress has, therefore, no coercive power to enforce its authority and command, should not be counted. c. Rules of Proceedings ARTICLE VI, SECTION 16(3) Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty of suspension, when imposed, shall not exceed sixty days. DISORDERLY BEHAVIOR Its definition depends upon the members of the House. It will be considered as disorderly behavior, as long as two thirds of its Members concurred. ARTICLE VI, SECTION 21 The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in, or affected by, such inquiries shall be respected. *The rights of private individual shall be upheld. PACETE v. SECRETARY OF THE COMMISSION ON APPOINTMENTS; 40 SCRA 58 (1971) The other provision is worded thus: "The President shall have the power to make appointments during the recess of the Congress, but such appointments shall be effective only until disapproval by the Commission on Appointments or until the next adjournment of the Congress." That would be moreover tantamount to imparting to a move of a single member of a collective body a decisive weight. It is bad enough if the minority were to prevail. A one-man rule, which is the effect of what respondent Secretary of the Commission on Appointments contends, is infinitely worse. ARROYO v. DE VENECIA; G.R. No. 127255 (August 14, 1997) To disregard the "enrolled bill" rule in such cases would be to disregard the respect due the other two departments of our government. It would be an unwarranted invasion of the prerogative of a coequal

department for this Court either to set aside a legislative action as void because the Court thinks the House has disregarded its own rules of procedure, or to allow those defeated in the political arena to seek a rematch in the judicial forum when petitioners can find their remedy in that department itself. d. Discipline of members ARTICLE VI, SECTION 16(3) Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty of suspension, when imposed, shall not exceed sixty days. OSMENA v. PENDATUN; 109 PHIL 863 (1960) Said disciplinary action is not in violation of the Constitution. Section 15, Article VI of the Constitution provides that “for any speech or debate in Congress, the Senators or Members of the House of Representative shall not be questioned in any other place.” Although exempt from prosecution or civil actions for their words uttered in Congress, the members of Congress may, nevertheless, be questioned in Congress itself. Observe that “they shall not be questioned in any other place” in Congress. SANTIAGO v. SANDIGANBAYAN; G.R. No. 126055 (April 19, 2001) The order of suspension prescribed by RA. 3019 is distinct from the power of Congress to discipline its own ranks under the Constitution. The suspension contemplated in the above constitutional provision is a punitive measure that is imposed upon determination by the Senate or the HOR, as the case may be, upon an erring member. This is quite distinct from the suspension spoken of in Section 13 of RA 3019, which is not a penalty but a preliminary, preventive measure, prescinding from the fact that the latter is not being imposed on petitioner for misbehavior as a Member of the Senate. DE VENECIA v. SANDIGANBAYAN; G.R. No. 130240 (February 5, 2002) The doctrine of separation of powers by itself may not be deemed to have effectively excluded members of Congress from Republic Act No. 3019 nor from its sanctions. The maxim simply recognizes that each of the three co-equal and independent, albeit coordinate, branches of the government – the Legislative, the Executive and the Judiciary – has exclusive prerogatives and cognizance within its own sphere of influence and effectively prevents one branch from unduly intruding into the internal affairs of either branch.


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e. Journal and Record JOURNAL It consists of “yeas” and “nays”; it is usually a summarized version of the records/minutes RECORD Verbative proceedings *In case of conflict between the journal and record, if the issue depends upon to be entered in the Journal, the Journal shall prevail. (1) The Enrolled Bill Theory CASCO (PHIL.) CHEMICAL CO. v. GIMENEZ; 7 SCRA 347 (1963) What is printed in the enrolled bill would be conclusive upon the courts. It is well settled that the enrolled bill — which uses the term “urea formaldehyde” instead of “urea and formaldehyde” — is conclusive upon the courts as regards the tenor of the measure passed by Congress and approved by the President. If there has been any mistake in the printing of the bill before it was certified by the officers of Congress and approved by the Executive — on which the SC cannot speculate, without jeopardizing the principle of separation of powers and undermining one of the cornerstones of our democratic system — the remedy is by amendment or curative legislation, not by judicial decree. (2) Probative value of the Journal UNITED STATES v. PONS; 34 PHIL 729 (1916) The SC looked into the Journals to ascertain the date of adjournment but the SC refused to go beyond the recitals in the legislative Journals. The said Journals are conclusive on the Court and to inquire into the veracity of the journals of the Philippine Legislature, when they are, as the SC have said, clear and explicit, would be to violate both the letter and the spirit of the organic laws by which the Philippine Government was brought into existence, to invade a coordinate and independent department of the Government, and to interfere with the legitimate powers and functions of the Legislature. (3) Matters to be entered in the Journal a. Yeas and nays on the third and final reading of a bill (Art. VI, sec. 26(2) b. Veto message of the President (Art. VI, sec. 27(1) c. Yeas and nays on the repassing of a bill vetoed by the President (Art. VI, sec. 27(1))

d. Yeas and nays on any question at the request of 1/5 of members present (Art. VI, sec. 16(4)) (4) Journal Entry Rule v. Enrolled Bill Theory ASTORGA v. VILLEGAS; 56 SCRA 714 (1974) Enrolled Bill Doctrine: As the President has no authority to approve a bill not passed by Congress, an enrolled Act in the custody of the Secretary of State, and having the official attestations of the Speaker of the House of Representatives, of the President of the Senate, and of the Chief Executive, carries, on its face, a solemn assurance by the legislative and executive departments of the government, charged, respectively, with the duty of enacting and executing the laws, that it was passed by Congress. Approval of Congress, not signatures of the officers, is essential When courts may turn to the journal: Absent such attestation as a result of the disclaimer, and consequently there being no enrolled bill to speak of, the entries in the journal should be consulted. MORALES v. SUBIDO; 27 SCRA 131 (1969) To what extent the validity of a legislative act may be affected by a failure to have such matters entered on the journal, is a question which the SC can decide upon but is not currently being confronted in the case at bar hence the SC does not now decide. All the SC holds is that with respect to matters not expressly required to be entered on the journal, the enrolled bill prevails in the event of any discrepancy. (5) Congressional Record ARTICLE VI, SECTION 16(4), PARAGRAPH 2 Each House shall also keep a Record of proceedings.

its

f. Sessions 1. Regular Sessions ARTICLE VI, SECTION 15 The Congress shall convene once every year on the fourth Monday of July for its regular session, unless a different date is fixed by law, and shall continue to be in session for such number of days as it may determine until thirty days before the opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays. The President may call a special session at any time. ARTICLE VI, SECTION 16(5)


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Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. 2. Special Sessions ARTICLE VI, SECTION 15 The Congress shall convene once every year on the fourth Monday of July for its regular session, unless a different date is fixed by law, and shall continue to be in session for such number of days as it may determine until thirty days before the opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays. The President may call a special session at any time. ARTICLE VII, SECTION 10 The Congress shall, at ten o'clock in the morning of the third day after the vacancy in the offices of the President and Vice-President occurs, convene in accordance with its rules without need of a call and within seven days, enact a law calling for a special election to elect a President and a Vice-President to be held not earlier than forty-five days nor later than sixty days from the time of such call. The bill calling such special election shall be deemed certified under paragraph 2, Section 26, Article V1 of this Constitution and shall become law upon its approval on third reading by the Congress. Appropriations for the special election shall be charged against any current appropriations and shall be exempt from the requirements of paragraph 4, Section 25, Article V1 of this Constitution. The convening of the Congress cannot be suspended nor the special election postponed. No special election shall be called if the vacancy occurs within eighteen months before the date of the next presidential election. ARTICLE VII, SECTION 11 Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice-President as Acting President. Whenever a majority of all the Members of the Cabinet transmit to the President of the Senate and to the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice-President shall immediately assume the powers and duties of the office as Acting President. Thereafter, when the President transmits to the President of the Senate and to the Speaker of the House of Representatives his written declaration that

no inability exists, he shall reassume the powers and duties of his office. Meanwhile, should a majority of all the Members of the Cabinet transmit within five days to the President of the Senate and to the Speaker of the House of Representatives, their written declaration that the President is unable to discharge the powers and duties of his office, the Congress shall decide the issue. For that purpose, the Congress shall convene, if it is not in session, within forty-eight hours, in accordance with its rules and without need of call. ARTICLE VII, SECTION 18, PARAGRAPH 3 The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof, and must promulgate its decision thereon within thirty days from its filing. 4. Salaries, privileges and disqualifications a. Salaries ARTICLE VI, SECTION 10 The salaries of Senators and Members of the House of Representatives shall be determined by law. No increase in said compensation shall take effect until after the expiration of the full term of all the Members of the Senate and the House of Representatives approving such increase. ARTICLE XVIII, SECTION 17 Until the Congress provides otherwise, the President shall receive an annual salary of three hundred thousand pesos; the Vice-President, the President of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court, two hundred forty thousand pesos each; the Senators, the Members of the House of Representatives, the Associate Justices of the Supreme Court, and the Chairmen of the Constitutional Commissions, two hundred four thousand pesos each; and the Members of the Constitutional Commissions, one hundred eighty thousand pesos each. LIGOT v. MATHAY; 56 SCRA 823 (1974) To grant retirement gratuity to members of Congress whose terms expired on December 30, 1969 computed on the basis of an increased salary of P32,000.00 per annum (which they were prohibited by the Constitution from receiving during their term of office) would be to pay them prohibited emoluments which in effect increase the salary beyond that which they were permitted by the Constitution to receive during their incumbency. As stressed by the Auditor-General in his decision in the similar case of petitioner’s colleague, exCongressman Singson, “(S)uch a scheme would


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contravene the Constitution for it would lead to the same prohibited result by enabling administrative authorities to do indirectly what cannot be done directly.” b. Freedom from arrest ARTICLE VI, SECTION 11 A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session. No Member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof. PHILIPPINE BILL OF 1902 No grant of parliamentary immunity. 1935 CONSTITUTION There is a parliamentary immunity in all cases except treason, felonies etc. 1973 CONSTITUTION There is no parliamentary immunity except if it is punishable by not more than six years (prision correctional). The accused shall surrender to the proper authorities 12 hrs. after the adjournment of session. 1987 CONSTITUTION Arrest cannot be made while the Member is in session. The accused is not obliged to surrender after the session’s adjournment. ARTICLE 145, RPC Violation of parliamentary immunity. — The penalty of prision mayor shall be imposed upon any person who shall use force, intimidation, threats, or fraud to prevent any member of the National Assembly (Congress of the Philippines) from attending the meetings of the Assembly (Congress) or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, from expressing his opinions or casting his vote; and the penalty of prision correccional shall be imposed upon any public officer or employee who shall, while the Assembly (Congress) is in regular or special session, arrest or search any member thereof, except in case such member has committed a crime punishable under this Code by a penalty higher than prision mayor.

1987 CONSTITUTION

Article 145 of the Revised Penal Code was revived but modified from prision mayor to prision correcional. PEOPLE v. JALOSJOS; G.R. No. 132875 (February 3, 2000) A Congressman like the accused-appellant, convicted under Title Eleven of the Revised Penal Code could not claim parliamentary immunity form arrest. He was subject to the same general laws governing all persons still to be tried or whose convictions were pending appeal. x x x For offenses punishable by more than six years imprisonment, there was no immunity from arrest. TRILLANES IV v. JUDGE PIMENTEL; G.R. No. 179817 (June 27, 2008) The Rules also state that no person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, shall be admitted to bail when evidence of guilt is strong, regardless of the stage of the criminal action. That the cited provisions apply equally to rape and coup d'etat cases, both being punishable by reclusion perpetua, is beyond cavil. Within the class of offenses covered by the stated range of imposable penalties, there is clearly no distinction as to the political complexion of or moral turpitude involved in the crime charged. c. Speech and Debate Clause ARTICLE VI, SECTION 11 A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session. No Member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof. JIMENEZ v. CABANGBANG; 17 SCRA 876 (1966) Article VI, Section 15 of the Constitution provides “The Senators and Members of the House of Representatives shall in all cases except treason, felony, and breach of the peace. Be privileged from arrest during their attendance at the sessions of the Congress, and in going to and returning from the same; and for any speech or debate therein, they shall not be questioned in any other place.” The publication of the said letter is not covered by said expression which refers to utterances made by Congressmen in the performance of their official functions, such as speeches delivered, statements made, or votes cast in the halls of Congress, while the same is in session as well as bills introduced in Congress, whether the same is in session or not, and other acts performed by Congressmen, either in Congress or outside the


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premises housing its offices, in the official discharge of their duties as members of Congress and of Congressional Committees duly authorized to perform its functions as such at the time of the performance of the acts in question. Congress was not in session when the letter was published and at the same time he, himself, caused the publication of the said letter. It is obvious that, in thus causing the communication to be so published, he was not performing his official duty, either as a member of Congress or as officer of any Committee thereof. Hence, contrary to the finding made by the lower court the said communication is not absolutely privileged. SPEECHES: 1. 2. 3. 4.

Casting of votes Making of reports Debate Other means of expression

ANTERO POBRE v. SENATOR M. SANTIAGO; AC No. 7399 (August 25, 2009) The Supreme Court said that the Senator has indeed a constitutional right, which was stated in Article VI, Section 11 of the Constitution. The Court wishes to express its deep concern about the language Senator Santiago, a member of the Bar, used in her speech and its effect on the administration of justice. To the Court, the lady senator has undoubtedly crossed the limits of decency and good professional conduct. It is at once apparent that her statements in question were intemperate and highly improper in substance. The Supreme Court also stated that the final judgment depends upon the Senate, since it was the Rules of the House that she had violated. It is unfortunate that her peers bent backwards and avoided imposing their own rules on her. d. Disqualification (1) Incompatible and Forbidden offices ARTICLE VI SECTION 13 No Senator or Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected. ADAZA v. PACANA JR; 135 SCRA 431 (1985)

The Philippine Constitution is clear and unambiguous. Hence Adaza cannot invoke common law practices abroad. He cannot complain of any restrictions which public policy may dictate on his holding of more than one office. Adaza further contends that when Pacana filed his candidacy for the Batasan he became a private citizen because he vacated his office. Pacana, as a mere private citizen, had no right to assume the governorship left vacant by petitioner’s election to the BP. This is not tenable and it runs afoul against BP. 697, the law governing the election of members of the BP on May 14, 1984, Section 13[2] of which specifically provides that “governors, mayors, members of the various sangguniang or barangay officials shall, upon filing a certificate of candidacy, be considered on forced leave of absence from office.” Indubitably, respondent falls within the coverage of this provision, considering that at the time he filed his certificate of candidacy for the 1984 BP election he was a member of the Sangguniang Panlalawigan as provided in Sections 204 and 205 of Batas Pambansa Blg. 337, otherwise known as the Local Government Code. LIBAN ET.AL v. GORDON; GR No. 175352 (July 15, 2009) In sum, the PNRC enjoys a special status as an important ally and auxiliary of the government in the humanitarian field in accordance with its commitments under international law. This Court cannot all of a sudden refuse to recognize its existence, especially since the issue of the constitutionality of the PNRC Charter was never raised by the parties. It bears emphasizing that the PNRC has responded to almost all national disasters since 1947, and is widely known to provide a substantial portion of the country’s blood requirements. Its humanitarian work is unparalleled. The Court should not shake its existence to the core in an untimely and drastic manner that would not only have negative consequences to those who depend on it in times of disaster and armed hostilities but also have adverse effects on the image of the Philippines in the international community. The sections of the PNRC Charter that were declared void must therefore stay. (2) Other prohibitions

ARTICLE VI, SECTION 14 No Senator or Member of the House of Representatives may personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasijudicial and other administrative bodies. Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege


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granted by the Government, or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation, or its subsidiary, during his term of office. He shall not intervene in any matter before any office of the Government for his pecuniary benefit or where he may be called upon to act on account of his office. PUYAT v. DE GUZMAN 113 SCRA 31 (1982) Fernandez cannot appear before the SEC body under the guise that he is not appearing as a counsel. Even though he is a stockholder and that he has a legal interest in the matter in litigation he is still barred from appearing. He bought the stocks before the litigation took place. During the conference he presented himself as counsel but because it is clearly stated that he cannot do so under the constitution he instead presented himself as a party of interest – which is clearly a work around and is clearly an act after the fact. A mere work around to get himself involved in the litigation. What could not be done directly could not likewise be done indirectly. e. Duty to disclose ARTICLE XI, SECTION 17 A public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the case of the President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices, and officers of the armed forces with general or flag rank, the declaration shall be disclosed to the public in the manner provided by law.

ARTICLE VI, SECTION 12 All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors. ARTICLE VI, SECTION 20 The records and books of accounts of the Congress shall be preserved and be open to the public in accordance with law, and such books shall be audited by the Commission on Audit which shall publish annually an itemized list of amounts paid to and expenses incurred for each Member. 5. Electoral Tribunals

a. Senate Electoral Tribunal (SET) b. House of Representatives Electoral Tribunal (HRET) ARTICLE VI, SECTION 17 The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members. Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members of the Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman. ARTICLE VI, SECTION 19 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. TANADA v. CUENCO, 103 Phil. 1051 (1957) The nomination of the last two members (who would fill in the supposed seat of the minority members) must not come from the majority party. In this case, the Chairman of the SET, apparently already appointed members that would fill in the minority seats (even though those will come from the majority party). This is still valid provided the majority members of the SET (referring to those legally sitting) concurred with the Chairman. Besides, the SET may set its own rules in situations like this provided such rules comply with the Constitution. PIMENTEL v. HRET 393 SCRA 227 The Constitution expressly grants to the House of Representatives the prerogative, within constitutionally defined limits, to choose from among its district and party-list representatives those who may occupy the seats allotted to the House in the HRET and the CA. Section 18, Article VI of the Constitution explicitly confers on the Senate and on the House the authority to elect among their members those who would fill the 12 seats for Senators and 12 seats for House members in the Commission on Appointments. Under Section 17, Article VI of the Constitution, each chamber of


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Congress exercises the power to choose, within constitutionally defined limits, who among their members would occupy the allotted 6 seats of each chamber’s respective electoral tribunal. These constitutional provisions are reiterated in Rules 3 and 4 (a) of the 1998 Rules of the House of Representatives Electoral Tribunal. The discretion of the House to choose its members to the HRET and the CA is not absolute, being subject to the mandatory constitutional rule on proportional representation.[26] However, under the doctrine of separation of powers, the Court may not interfere with the exercise by the House of this constitutionally man/dated duty, absent a clear violation of the Constitution or grave abuse of discretion amounting to lack or excess of jurisdiction. Otherwise, ‘the doctrine of separation of powers calls for each branch of government to be left alone to discharge its duties as it sees fit.[28] Neither can the Court speculate on what action the House may take if party-list representatives are duly nominated for membership in the HRET and the CA.


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