Utopia Consti Reviewer 2010 Part i Version 3

FRATERNAL ORDER OF UTOPIA ATENEO DE MANILA UNIVERSITY SCHOOL OF LAW

Atty. ARIS S. MANGUERA

MANGUERA OUTLINE 2010 CONSTITUTIONAL LAW I PART I VERSION 3.0

or,ans of the state and defines the relations of the state with the inhabitants of its territor ./

PRELIMINARIES ←

S!&'i(iion o% Political Law

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Definition of Political Law

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Law of public administration Constitutional law 0dministrative law

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Subdivisions of Political Law

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Law of public corporations1

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Basis of Philippine Political Law

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Political Law

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Contit!tion Definition of Constitution Philosophical View of the Constitution Purpose of Constitution Classifications of Constitutions Qualities of a Good Written Constitution Essential Parts of a Good Written Constitution Permanenc and Generalit of constitutions !nterpretation"Construction of Constitution Brief Constitutional #istor $he %&'( Constitution

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"ai o% P)ili$$in# Political Law $he principles of ,overnment and political law of the Philippines are fundamentall derived from 0merican 2urisprudence. $his conditions was the inevitable outcome of the establishment of the 0merican rule in the Philippines. When Spain ceded the Phils. to the 3S4 the Spanish Political laws were automaticall displaced b those of the 3S.5

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II. CONSTITUTION

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A. D#%inition o% Contit!tion

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Comprehensive Definitionwith : $hat bod rules and ma6ims in accordance which theofpowers

III. Contit!tional Law Concept of Constitutional Law $pes of Constitutional Law

of soverei,nt are habituall e6ercised.7 8Coole9

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American sense* 0 constitution is a written instrument b which the fundamental powers of ,overnment are established4 limited4 and defined and b which these powers are distributed amon, several departments4 for their more safe and useful e6ercise4 for the benefit of the bod politic. 8+ustice :iller ;uoted b Bernas9

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IV. "aic Conc#$t Constitutionalism Philippine Constitutionalism Doctrine of Constitutional Supremac )epublicanism Principle of Separation of Powers Sstem of Chec*s and Balances +udicial )eview Due Process ← ← ← ← ←

With particular reference to the Philippine Constitution< $hat written instrument enacted b direct action of the people b which the fundamental powers of the ,overnment are #ta&li)#' 4 li+it#' and '#%in#', and b which those powers are 'it-i&!t#'amon, several

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I. POLITICAL LAW A. D#%inition o% Political Law Branch of public law% which deals with the or,ani-ation and operation of the ,overnmental 1

Public lawis understood as dealing with matters affecting the state, the act of state agencies, the protection of state interests. Private law deals with the regulation of the c onduct of private individuals in their relation with one another.

I sweat, I bleed, I soar…

Service, Sacrifice, Excellence

As thus conceived public law consists of political law, criminal law and public international law. Private law includes civil and commercial law. 2 Vicente Sinco, Philippine Political Law 1, 10 th ed., 1!". # " th

Vicente Sinco, Philippine Political Law 1, 10 ed., 1!". th Vicente Sinco, Philippine Political Law 2, 10 ed., 1!". !

$his definition is comprehensive enough to cover written and unwritten constitutions. %&ru', &onstitutional Law(

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!inion in the case o% -ro"ince o% 4orth Cotaato ". 56-

departments for their safe and useful e6ercise for the benefit of the bod politic. 8:alcolm4 Philippine Constitutional Law4 p. =9 In other words It i t)# !$-#+# w-itt#n law o%

C. P!-$o# o% t)# Contit!tion

t)# lan'.=

$o prescribe the permanent framewor* of a sstem of ,overnment4 to assi,n to the several departments their respecti ve powers and duties4 and to establish certain first principles on which the ,overnment is founded.& 8%% 0m. +ur. == cited in Cru-9

". P)iloo$)ical Vi#w o% t)# Contit!tion $he Constitution is a social contract. 8:arcos v. :an,lapus9 Viewed in the li,ht of the Social Contract $heories4 the Constitution ma be considered as the Social Contract itself in the sense that it is the ver basis of the decision to constitute a civil societ or State4 breathin, life to its 2uridical e6istence4 lain, down the framewor* b which it is to be ,overned4 enumeratin, and limitin, its powers and declarin, certain fundamental ri,hts and principles to be inviolable. $he Constitution as a political document ma be considered as the concrete manifestation or e6pression of the Social Contract or the decision to abandon the >stat e of nature? and or,ani-e and found a civil societ or State. 0ccordin, to Dean Baustista4 @the Constitution is a social contract between the ,overnment and the people4 the ,overnin, and the ,overned.A ( (ASM: I don’t necessarily agree with this statement. As a social contract, the Constitution, I think is a contract etween and among the !eo!le themsel"es and not etween the go"ernment and the !eo!le. #he go"ernment is only an $e%%ect& or conse'uence o% the social contract o% the !eo!le. In other words, the go"ernment is only a creature o% the Constitution. ence, the go"ernment cannot e a !arty to a contract that creates it. In the )*+ -hili!!ine Constitution, it reads, $e the so"ereign /ili!ino !eo!lein order to uild a society and estalish a go"ernment ordain and !romulgate this Constitution.&1 0ccordin, to Dean Bautista4 @the Constitution reflects ma2oritarian values but defends minoritarian ri,hts.A '

See Constitition as Com!act o% the -eo!le y Chie% 2ustice -uno in his Se!arate Concurring )

See People v. Pomar, ") Phil ""0. *ernas &ommentar+ vii %200# ed(. -

Andres . *autista, /ntroduction to &onstitutional Law 1, Slide

# une 1), 200-.  Andres . *autista, /ntroduction to &onstitutional Law 1, Slide # une 1), 200-. 3a4oritarianism is a traditional political philosoph+ which asserts that a ma4orit+ of the population is entitled to a certain degree of primac+ in the societ+, and has the right to ma5e decisions that affect the societ+.



W)y wo!l' a oci# ty #n#-ally co++i tt#' to +a/o -i ty -! l# c) oo # to &# o (# -n #' &y a 'oc!+#nt t)at i 'i%%ic!lt to c)an#0 $o prevent trann of the ma2orit Societ?s attempt to protect itself from itself. ← ←

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Protectin, lon, term values from short term passions.%

Contit!tion a a M!nici$al Law 0 constitution is a municipal law. 0s such4 it is bindin, onl within the territorial limits of the soverei,nt promul,atin, the constitution.%%

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Clai%ication ←

8%9 )i,id%/ le6ible 8%9 Written %1 3nwritten 8%9 Evolved%5

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8%9 Enacted ormative ad2usts to norms ominal Fnot et full operational Semanticperpetuation of power

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Andres . *autista, /ntroduction to &onstitutional Law 1, Slide " une 1), 200-.

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*ernas &ommentar+, p !%200# ed(.

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Ri!id constitution is one that can be amended onl b a formal and usuall difficult process while a fle"i#le constitution is one that can be chan,ed b ordinar le,islation. 8Cru-4 Constitutional Law p 79

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0 written constitution is one whose precepts are embodied in one document or set of docum ents while an unwritten constitution consists of rules which have not been inte,rated into a sin,le4 concrete form but are scattered in various sources4 such as statues of a fundamental character4 2udicial decisions4 commentaries of publicists4 customs and traditions4 and certain common law principles. 8Cru-4 Constitutional Law pp 579

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0n enacted or conventional constitution is enacted4

formall struc* off at a definitive timeb and place followin, conscious or deliberate effort ta*en a constituent boda or ruler while a cumulative or evolved is the result of political evolution4 not inau,urated at an specific time but chan,in, b accretion rather than b sstematic method. 8Cru-4 Constitutional Law p 79

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$he Constitution of the Philippines is written4 conventional and ri,id. ←

1!aliti# o% oo' w-itt#n contit!tion ←

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!t has been said that the term >constitution? implies an instrument of a permanent nature./7 ←

Broad%7 Brief%= Definite%(

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E#ntial $a-t o% a oo' w-itt#n contit!tion ←

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Constitution of ,overnment %' Constitution of libert %& Constitution of soverei,nt /

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HSocial and economic ri,htsI

!n ransisco v #)4 the SC made reference to the use of wellsettled principles of constitutional construction4 namel< ← ←

T)# 4567 Contit!tion $he %&'( Constitution is the 5 th fundamental law to ,overn the Philippines since it became independent on +ul 54 %&5=.

34 H. Int#-$-#tation2Cont-!ction o% t)# Contit!tion

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"-i#% Contit!tional Hito-y :alolos Constitution $he 0merican )e,ime and the Jr,anic 0cts $he %&17 Constitution $he +apanese 8Belli,erent9 Jccupation $he %&(1 Constitution $he %&'( Constitution

"ac8-o!n' o% t)# 4567 Contit!tion %. Proclamation of the reedom Constitution -rocalamation 4o. ) 4 ebruar /74 %&'=4 announcin, that she 8Cora-on 0;uino9 and VP Laurel were assumin, power. 78ecuti"e rder 4o.), 8ebrauar /'4 %&'=9 -rocalamation 4o.3, :arch /74 %&'=4 announced the promul,ation of the Provisional 8reedom9 Constitution4 pendin, the draftin, and ratification of a new Constitution. !t adopted certain provisions in the %&(1 Constitution4 contained additional articles on the e6ecutive department4 on ,overnment reor,ani-ation4 and on e6istin, laws. !t also provided of the callin, of a Constitutional Commission to be composed of 17 members to draft a new Constitution. /. 0doption of the Constitution a. -roclamation 4o. * 4 creatin, the Constitutional Commission of 7 members. b. 0pproval of the draft Constitution b the Constitutional Commission on Jctober %74 %&'= Plebiscite held on ebruar /4 %&'( -roclamation 4o. 9+, proclaimin, the ratification of the Constitution. Effectivit of the %&'( Constitution< F#&-!a-y 3, 4567 ←

Verba Le,is// )atio le,is et anima /1 3t ma,is valeat ;uam pereat /5

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I. P#-+an#nc# an' G#n#-ality o% contit!tion 0 constitution differs f rom a statute4 it is intended not merel to meet e6istin, conditions4 but to ,overn the future.

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Broad. *ecause it provides for the organi'ation of the entire government and covers all persons and things within the territor+ of the State and also because it must be comprehensive enough to

provide for ever+ contingenc+. %&ru', &onstitutional Law pp !6)( Brief. /t must confine itself to basic principles to be implemented with legislative details more ad4ustable to change and easier to amend. %&ru', &onstitutional Law pp "6!(

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Definite.$o prevent ambiguit+ in its provisions which could result in confusion and divisiveness among the people. %&ru', &onstitutional Law pp "6!(

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Constitution of Government. $he series of provisions outlining the organi'ation of the government, enumerating its powers, la+ing down certain rules relative to its administr ation and defining the electorate. %e. Art V/, V//, V/// and /7(

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Constitution of Liberty. $he series of proscriptions setting forth the fundamental civil and political rights of the citi'ens and imposing limitations on the powers of government as a means of securing the en4o+ment of those rights. %8. Article ///(

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39 F#at!-# o% 4567 Contit!tion %. $he new Constitution consists of %' articles and is e6cessivel lon, compared to the %&17 and %&(1 constitutions. /. $he independence of the 2udiciar has been stren,thened with new provisions for appointment thereto and an increase in its authorit4 which now covers even political ;uestions formerl beond its 2urisdiction.

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Constituti on of Sovereignty.$he provisions pointing out the mode or procedure in accordance with which formal changes in the fundamental law ma+ be brought about. %8. Art 7V//(

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Antonio *. 9achura, :utline;
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Plain meaning rule. =henever possible the words used in the &onstitution must be given their ordinar+ meaning ecept when technical terms are emplo+ed.

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Interpretation according to spirit . $he should be interpreted in accordance with thewords intentofofthe the&onstitution framers. ←

$he constitution has to be interpreted as a whole. ←

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1. $he Bill of )i,hts of the Commonwealth and :arcos constitutions has been considerabl improved in the %&'( Constitution and even bolstered with the creation of a Commission of #uman )i,hts.

should not be be,uiled b forei,n 2urisprudence some of which are hardl applicable because the have been dictated b different constitutional settin,s and needs. !ndeed4 althou,h the Philippine Constitution can trace its ori,ins to that of the 3nited States4 their paths of development have lon, since diver,ed. !n the colorful words of ather Bernas4 <=w># )a(# c!t t)# !+&ilical co-' .?

III. CONSTITUTIONAL LAW A. Conc#$t o% Contit!tional Law Constitutional law is a bod of rules resultin, from the interpretation b a hi,h court of cases in which the validit4of some in relation to the constitutional instrument4 act of ,overnmentKhas been challen,ed. 8Bernas Commentar 666viii9 Constitutional law is a term used to desi,nate the law embodied in the const itution and the le,al principles ,rowin, out of the interpretation and application made b courts of the constitution in specific cases. 8Sinco4 Phil. Political Law9 Constitutional law is the stud of the maintenance of the proper balance between authorit represented b the three inherent powers of the State and liber t as ,uaranteed b the Bill of )i,hts. 8Cru-4 Constitutional Law9

(;ut see the case o% Neri v$ Senate Committees where the Court cited many American cases1 IV. "ASIC CONCEPTS Constitutionalism Philippine Constitutionalism Doctrine of Constitutional Supremac% Repu#licanism Principle of Separation of Powers S%stem of Chec&s and 'alances (udicial Review Due Process A. Contit!tionali+ Constitutionalism refers to the position or practice that ,overnment be li+it#'b a constitution. $he doctrine or sstem of ,overnment in which the ,overnin, power is limited b enforceable rules of law4 and concentration of power is limited b various chec*s and balances so that the basic ri,hts of individuals and ,roups are protected.

Constitutional law consist not onl of the constitution4 but also of the cases decided b the Supreme Court on constitutional ,rounds4 i.e.4 ever case where the ratio decidendi is based on a constitutional provision. 8DefensorSantia,o4 Constitutional Law9 ←

37 Ty$# o% Contit!tional law En,lish tpe /' European continental tpe /& 0merican tpe 1

". P)ili$$in# Contit!tionali+ Constitutionalism in the Philippines4 understood in the 0merican sense4 dates bac* to the ratification of $reat of Paris. $hen it ,rew from a series of or,anic documents. $hese are< Pres. :c Minles? !nstruction to the Second Phil. Commission4 Phil. Bill of %&/4

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W#i)t o% A+#-ican :!-i$-!'#nc#

!n the case of rancisco v. #)4 8/19 $he Supreme Court spea*in, throu,h +ustice Carpio :orales opined< ;0merican 2urisprudence and authorities4 much less the 0merican Constitution4 are of dubious application for these are no lon,er controllin, within our 2uris diction and have onl li+it#' $# - !a i (# +# -i t in o %a - a P) il i$ $in# contit!tional law i conc#-n#' . 0s held in the case of 5arcia "s. CM77C 4 HiIn resolvin, constitutional disputes4 Hthis CourtI ← ←

th Vicente Sinco, Philippine Political Law )-, 10 ed., 1!". &haracteri'ed b+ the absence of a written constitution.

$here is a written constitution which gives the court no power to declare ineffective statutes repugnant to it. Legal provisions of the written constitu tion are given effect through the power of the court s to declare ineffective or void ordinar+ statutes repugnant to it.

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Phil. 0utonom 0ct of %&%=. 8Bernas4 Commentar 666viii9

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Doct-in# o% Contit!tional S!$-#+acy 8/5 Bar E6am Question9

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!f a law violates an norm of the constitution4 that law is null and void it has no effect. 8 #his is an o"erstatement, %or a law held unconstitutional is not always wholly a nullity9 $he 0merican case of Marury ". Madison laid down the classic statement on constitutional supremacA @!t is a proposition too plain to be contested4 that the Constitution controls an le,islative act repu,nant to it.A

5


Constitutional


supremac

produced

2udicial

0merican soverei,nt in the Philippines4 the principle was introduced as an inseparable feature of the ,overnmental sstem or,ani-ed b the 3nited States in this countr. 1(

review.1% D. R#$!&licani+ $he essence of republicanism is representation and reno"ation4 the selection b the citi-enr of a corps of public functionaries who derive their mandate from the people and act on their behalf4 servin, for a limited period onl4 after which the are repla ced or retained at the optio n of their principal.1/ (More discussion o% 6e!ulicanism under Article II1

Li+itation on t)# P-inci$l# Sstem of Chec*s and Balances ←

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E6istence of overlappin, powers 1'

C)#c8 an' "alanc# $he Constitution fi6es certain limits on the independence of each department. !n order that these limits ma be observed4 the Constitution ,ives each department certain powers b which it ma definitel restrain the other from e6ceedin, their authorit. 0 sstem of chec*s and balances is thus formed.1&

E. P-inci$l# o% S#$a-ation o% Pow#- E#nc#.!n essence4 separation of powers means that le,islation belon,s to Con,ress4 e6ecution to the e6ecutive4 settlement of le,al controversies to the 2udiciar. Each is prevented from invadin, the domain of others. 8Bernas4 Commentar =7=4 /1 ed.9
$o carr out the sstem of chec*s and balances4 the Constitution provides< $he acts of the le,islative department have to be presented to the e6ecutive for approval or disapproval. $he e6ecutive department ma veto the acts of the le,islature if in its 2ud,ment the are not in conformit with the Constitution or are detrimental to the interests of the people. $he courts are authori-ed to determine the validit of le,islative measures or e6ecutive acts. $hrou,h its pardonin, power4 the e6ecutive ma modif or set aside the 2ud,ments of the courts. ←

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T) #o -y. $he theor is that @a power definitel assi,ned b the Constitution to one department can n#it) #- &# !--# n'#-# 'no- '#l#at#' b that department4 nor vested b statute in another

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department or a,enc.A R#aon. $he underlin, reason of this principle is the assumption that arbitrar rule and abuse of authorit would inevitabl result from the concentration of the three powers of ,overnment in the same person4 bod of persons or or,an. 17

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$he le,islature ma pass laws that in effect amend or completel revo*e decisions of the courts if in its 2ud,ment the are not in harmon with its intention or polic which is not contrar to the Constitution.5 =. President must obtain the concurrence of Con,ress to complete certain si,nificant acts.

:ore specificall4 accordin, to +ustice Laurel4 the doctrine of separation of powers is intended to< Secure action $o forestall overaction $o prevent despotism ←

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$o obtain efficienc1=

Hito-y.Separation of powers became the pith and core of the American system o% go"ernment lar,el throu,h the influence of the rench political writer :ontes;uieu. B the establishment of the ←

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efensor Santiago, &onstitutional Law -. &ru', Political Law. th Vicente Sinco, Philippine Political Law 1#1, 10 ed., 1!".

:one can be released from the

treasur onl b authorit of Con,ress. 5%

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G. :!'icial R#(i#w

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>S v. *ull, 1! Phil -, 2-.

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$he powe r of appoi ntment is one of these. Alth ough this is eecutive in nature, it ma+ however be validl+ eercised b+ an+ of the three departments in selecting its own subordinates precisel+ to protect thits independence. %Vicente Sinco, Philippine Political Law 1#), 10 ed., 1!"(.

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Vicente Sinco, Philippine Political Law 1#!, 10th ed., 1!".

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=illiams v. >S, 2 >S !!# %1##(. th Vicente Sinco, Philippine Political Law 1#1, 10 ed., 1!". th

Pangasinan $ransportaion &o. v. PS&, "0 :.?., Supp. !-.



$arlac v. ?ale, 2) Phil. ## cited in Vicente Sinco, Philippine th Political Law 1#!, 10 ed., 1!".

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*ernas, &ommentar+ )!), 200# ed.

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D#%inition.+udicial review refers to the power of the courts to test the validit of ,overnmental acts in li,ht of their conformit with a hi,her norm 8e.,. the constitution9.

arbitrariness on t he pa rt of t he ,o vernment. Jbservance of both substantive and procedural ri,hts is e;uall ,uaranteed b due process.5' 8 More discussion o%
E@$-#ion o% Contit!tional S!$-#+acy. +udicial review is not an assertion of superiorit b the courts over the other departments4 but merel an e6pression of the supremac of the Constitution.5/ Constitutional supremac produced 2udicial review4 which in turn led to the accepted role of the Court as @the ultimate interpreter of the Constitution.A51 :!'icial R#(i#w in P)ili$$in# Contit!tion. 3nli*e the 3S Constitution 55 which does not provide for the e6ercise of 2udicial review b their Supreme Court4 the Philippine Constitution e6pressl reco,ni-es 2udicial review in Section 7 8/9 8a9 and 8b9 of 0rticle V!!! of the Constitution. 8More discussion o% 2udicial 6e"iew under Article =III9 H. D!# P-oc# O-iin* B the 1& th chapter of the :a,na Carta wrun, b the barons from Min, +ohn4 the despot promised that @ no man shall e taken, im!risoned or dissei>ed or outlawed, or in any manner destroyed? nor shall we go u!on him, nor send him, ut y the law%ul @udgment o% his !eers or y the law of the land .A !n %1174 Min, Edward !!!?s Statute /' declared that @no man4 of what state or condition whoever be4 shall be put out of his lands4 or tenements4 nor ta*en4 nor imprisoned4 nor indicted4 nor put to death4 without he be brou,ht in to answer b due process of law.A !t is this immortal phrase that has resounded throu,h the centuries as the formidable champion of life4 libert and propert in allfreedom lovin, lands. 8Cru-9 B D#%inition * Embodiment of the sportin, idea of %ai- $lay.5= !t is the responsiveness to the supremac of reason4 obedience4 to the dictates of

2ustice.5( Due "2 "#

process is a ,uarant a,ainst

Angara v. 8lectoral &ommission, )# Phil 1#.

See &ooper v. Aaron, #! >S 1 %1!)(

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$he case of Marbury v. Madison established the doctrine of 4udicial review as a core legal principle in American constitutional s+stem@ So if a law be in opposition to the constitution of both the law and the constitution appl+ to a particular case, so that the court must either decide that case conformabl+ to the law, disregarding the constitution or conformabl+ to the constitution, disregarding the law the court must determine which of these conflicting rules governs the case. $his is the ver+ essence of 4udicial dut+.B "! $he idea that l aws and legal proceedings must be fair. ue process is best defined in one word6 fairness. ") ran*furter4 :r. +ustice #olmes and the Supreme Court pp 1/11 "-

Ermita:alate #otel O :otors 0ssociation v. Cit of :anila



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%$upas v. &A(

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PREAM"LE )eanin! *unction Social Contract +heor%

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M#anin

Preamble means @to wal* before.A 8 -raeamulus:

independence and democrac under the rule of law and the re,ime of truth4 2ustice4 freedom4 love4 e;ualit and peace.A III. Social Cont-act T)#o-y 0S:< ! submit that the Preamble is somehow a manifestation of the Social Contract $heor as it states< @ e the so"ereign /ili!ino !eo!lein order to uild asociety and estalish a go"ernment do ordain and !romulgate this constitution.A

alking in %ront1 II. F!nction

/unction riginAuthorshi! Sco!e and -ur!ose A. F!nction

1. 2. #.

!t sets down the ori,in4 scope and purpose of the Constitution. 5& !t enumerates the primar aims and e6presses the aspirations of the framers in draftin, the Constitution.7 3seful as an aid in the construction and interpretation of the te6t of the Constitution. 7%

+hus, Pream#le is a source of li!ht.7/ !t is not a source of ri,hts or obli,ations. 8+acobson v. :assachusetts4 %&( 3.S. %%4 // 8%&79. ". O-iin2A!t)o-)i$ !ts ori,in4 or authorship4 is the will of the @soverei,n ilipino people.A $he identification of the ilipino people as the author of the constitution also calls attention to an important principle< that the document is not 2ust the wor* of representatives of the people but of the people themselves who put their mar* of approval b ratifin, it in a plebiscite.71 C. Sco$# an' P!-$o# @$o build a 2ust and humane societ as to establish a ,overnment that shall embod our ideals and aspirations4 promote the common ,ood4 conserve and develop our patrimon4 and secure to ourselves and our posterit the blessin,s of ←

*ernas Primer at 1 %200) ed.(

←

&ru', Philippine Political Law, p. " %1! ed(. &ru', Philippine Political Law, p. " %1! ed(. *ernas Primer at 1 %200) ed.(

←

←

←

*ernas &ommentar+, p "%200# ed(.



(



E6clusive Economic one"Patrimonial Sea 8/ .mi from baseline9 #i,h seas 8Waters beond territorial sea9

←

←

ARTICLE I* NATIONAL TERRITORY ← ← ←

C. Sini%icanc# o% T#--ito-y

+erritor% Archipela!o Archipela!ic Principle

Control over territor is of the essence of a state 8Las Palmas case9. Certain ri,hts and authorit are e6ercised within the state?s territor.

I. T#--ito-y

%. State?s soverei,nt is over its< Land territor 8and airspace above it9

A. W)at i T#--ito-y

← ←

!nternal Waters 8and airspace above it and seabed under it9 0rchipela,ic Waters8 and airspace above it and seabed under it9 o $erritorial Sea 8and airspace above it and seabed under it9 $he coastal state has a ri,ht a,ainst innocent passa,e7( in its internal waters. $he coastal state e6ercises authorit over the area 8conti,uous -one9 to the e6tent necessar to prevent infrin,ement of customs4 fiscal4 immi,ration or sanitation authorit over its territorial waters or territor and to punish such infrin,ement. 5. $he coastal state has ri,hts over the economic resources of the sea4 seabed and subsoil.

$erritor is the fi6ed portion of the surface of the earth inhabited b the people of the state.

←

75

$erritor as an element of a state means an area BB over which a state has #%%#cti(# cont-ol.

←

(6ead -ro"ince o% Cotaato ". 56-. ctoer )B, 00+1

←

". W)at 'o# t#--ito-y incl!'#0 $erritor includes land4 maritime areas4 airspace and outer space.7= Ai-$ac# Each state has e6clusive 2urisdiction over the air above its territor. $he consent for transit must be obtained from the sub2ect nation. o 0ircrafts not en,a,ed in international

←

←

air servi ce4 shall have the ri,ht to ma*e fli,hts into or in transit nonstop across its territor and to ma*e steps for nontraffic purposes without the necessit of obtainin, prior permission and sub2ect to the ri,ht of the State flown over to re;uire landin,. 8Chica,o Convention on !nternational Civil 0ction9

D. Sco$# o% P)ili$$in# National T#--ito-y D#%in#' in A-ticl# I, S#ction 4. !t includes< $he Philippine archipela,o 0ll other territories over which the Philippines has soverei,nt or 2urisdiction $he territorial sea4 seabed4 subsoil4 insular shelves and other submarine areas correspondin, to 8%9 and 8/9. :oreover4 8%9 and 8/9 consist of terrestrial4 fluvial and aerial domains.7' ← ←

←

E. T#--ito-i# Co(#-#' !n'#- t)# D#%inition o% A-ticl# 4

O!t#-$ac# o Soverei,nt over airspace e6tends onl until where outerspace be,ins. 87% miles from earth9

←

←

Di%%#-#nt a-#a &#yon' t)# lan' t#--ito-y $erritorial Seas 8%/ .mi from baseline9 Conti,uous one 8/5 .mi from baseline9 ←

←

←

$hose ceded to the 3S b virtue of the T-#aty o% Pa-ion December %4 %'&'. $hose defined in the treat concluded between the 3S and Spain 8T-#aty o% Wa)inton 9 on ovember (4 %&&4 which were not defined in the $reat of Paris4 specificall the islands of Ca,aan4 Sulu and Sibuto. $hose defined in the treat concluded on +anuar /4 %&14 between the 3S and Great Britain 8T-#aty wit) G-#at "-itain 94 specificall the $urtle and :an,see islands.

←

&ru', Philippine Political Law, p. 1) %1! ed(. *ernas, An /ntroduction to Public /nternational Law, - %2002 ed(. *ernas, An /ntroduction to Public /nternational Law, - %2002 ed(.

←

←



Passa,e that is not pre2udicial to the peace4 ,ood order or securit of the coastal state. *ernas Primer at " %200) ed.(

←

←

'


←

←

$he island of Batanes4 which was covered under a ,eneral statement in the %&17 Constitution. $hose contemplated in the phrase @belon,in, to the Philippines b historic ri,ht or le,al titleA in the %&(1 Constitution.7&


C. A-c)i$#laic Wat#- 0ccordin, to 3CLJS4 0rchipela,ic waters refers to areas enclosed as internal waters b usin, the baseline method which had not #een previousl% considered as internal waters. (See 0rticle 71 of 3CLJS9

;All ot)#- t#--ito-i# w)ic) t)# P)ili$$in# )a o(#-#inty an' /!-i'iction.?

←

A-t icl# 6 3  o % UNC L O S* here the estalishment o% a straight aseline in accordance with the method set %orth in Article  has the e%%ect o% enclosing as internal waters areas which had not !re"iously een considered as such, a right o% innocent !assage as !ro"ided in this Con"ention shall e8ist in those waters.

$his includes an territor which presentl belon,s or mi,ht in the futur e belon, to the Phili ppines throu,h an of the internationall modes of ac;uirin, territor. Batanes islands $hose belon,in, to the Philippines b historic ri,ht or le,al title 8Sabah4 the :arianas4 reedomland9 ←

←

0ccordin, to 3CLJS4 in @archipela,ic watersA4 a ri,ht of innocent passa,e shall e6ist in these waters. "!t, the Philippines made a reservation4 thus4 @ #he conce!t o% archi!elagic waters is similar to the conce!t o% internal waters under the Constitution o% the -hili!!ines, and remo"es straits connecting these waters with the economic >one or high sea %rom the rights o% %oreign "essel to transit !assage %or international na"igation.&

II. A-c)i$#lao Archipela!o Archipela!ic State Archipela!ic Waters Philippine Archipela!o A. A-c)i$#lao

'ernas $he reservation is ad cautelam. $he claim made in the Constitution too* effect in %&(1 before the %&'/ Law of the Sea Convention was formulated. 0rticle '8/9 of the Convention itself sas that the new rule on archipela,ic waters applies onl to @areas which had not previousl been considered asA internal waters. =%

0rchipela,o is a bod of water studded with islands.= 1* Do ou consider the Spratls Group of !slands as part of Philippine 0rchipela,o A* o. !t is far from the three main islands of the Philippines and it is not cove red b what was ceded in the $reat of Paris. 1* Do ou consider the Spratls ,roup of !slands as part of the ational $erritor A* Res. 3nder the / nd phrase4 @Kand all other territories over which the Philippines has soverei,nt and 2urisdictionKA ;asis:
D. P)ili$$in# A-c)i$#lao $he Philippine archipela,o is that bod of water studded with islands which is delineated in the $reat of Paris4 modified b the $reat of Washin,ton and the $reat of Great Britain. III. A-c)i$#laic P-inci$l# Archipela!ic Doctrine Archipela!o Doctrine of Article I Elements of Archipela!ic Doctrine Purpose of Archipela!ic Doctrine A. A-c)i$#laic Doct-in# 8%&'& Bar Question9

". A-c)i$#laic Stat#

!t is the principle whereb the bod of water studded with islands4 or the islands surrounded with water4 is (i#w#' a a !nity of islands and waters to,ether formin, on# int#-at#' !nit . or this purpose4 it re;uires that baselines be drawn b

0rchipela,ic state means a state constituted wholl b one or more archipela,os and ma incl ude other islands. 80rticle 5= 8a9 of 3CLJS9

connectin, the appropriate points of the @outermost islands to encircle the islands within the ! )0

&ru', Philippine Political Law, p. 1 %1! ed(. *ernas Primer at " %200) ed.(



)1

*ernas &ommentar+, p 2%200# ed(.

&


archipela,o. We consider all the waters enclosed b the strai,ht baselines as internal waters. =/ ←

El#+#nt o% A-c)i$#laic Doct-in# Definition of internal waters =1 $he strai,ht line method of delineatin, the territorial sea.

← ←

Strai,ht Baseline :ethod drawn connectin, selected points on the coast without departin, to an appreciable e6tent from the ,eneral direction of the coast. )0 15= and )0 755= have drawn strai,ht baselines around the Philippines. 8$he problem with the strai,ht baseline method is that it conflicts with the Law of the Sea because it reco,ni-es the ri,ht of innocent passa,e in archipela,ic waters. $hat is wh we made a reservation. #owever4 as Bernas pointed out4 the reservation is ad cautelam1 ←

P!-$o# o% A-c)i$#laic Doct-in# $erritorial !nte,rit ational Securit Economic reasons ← ← ←

!t is said that the purpose of archipela,ic doctrine is to protect the territorial inte,rit of the archipela,o. Without it4 there would be @poc*ets of hi,h seasA between some of our islands and islets4 thus forei,n vessels would be able to pass throu,h these @poc*ets of seasA and would have no 2urisdiction over them. D. A-c)i$#lao Doct-in# in A-ticl# I, S#ction 4 8%&'& Bar Question9 $#he waters around, etween and connecting the islands o% the archi!elago, regardless o% their readth and dimensions, %orm !art o% internal waters o% the -hili!!ines& 1* Di%%#-#ntiat# a-c)i$#laic wat#-, t#--ito-ial #a an' int#-nal wat#-. 8/5 Bar Question9 A* 0ccordin, to 3CLJS4 0rchipela,ic waters refers to areas enclosed as internal waters b usin, the baseline method which had not #een previousl% considered as internal waters. (See 0rticle 71 of 3CLJS9 $erritorial sea is an ad2acent belt of sea with a breadth of %/ nautical miles measured from the


baselines of a state and over which the state has soverei,nt. 80rticle /4 1 of 3CLJS9 !nternal waters refer to @all waters landwards from the basel ine of the territor.A !s from which the breadth of territorial sea is calculated. 8Brownlie4 Principles of P!L9 o ri,ht of innocent passa,e for forei,n vessels e6ist in the case of internal waters. 8#arris4 Cases and :aterial on !nternational Law4 7th ed.4 %&&'4 p.5(9 3nder Section %4 0rticle ! of the %&'( Constitution4 the internal waters of the Philippines consist of the waters between and connectin, islands of the around Philippine archipela,o re,ardlesthe s of their breadth and dimensions includin, the waters in bas4 rivers4 and la*es. 1* Ditin!i) &-i#%ly &!t cl#a-ly &#tw##n t)# conti!o! on# an' t)# #@cl!i(# #cono+ic on#. 8/5 Bar Question9 Conti,uous -one is a -one conti,uous to the territorial sea and e6tends up to twelve nautical miles from the territorial sea and over which the coastal state ma e6ercise control necessar to prevent infrin,ement of its customs4 fiscal4 immi,ration or sanitar laws and re,ulations within its terri tor or territorial sea. 80rticle 11 of the Convention on the Law of the Sea.9 $he EE e6tends / nautical miles from the baseline. $he EE is reco,ni-ed in the 3 Convention on the Law of the Sea. 0lthou,h it is not part of the national territor4 e6clusive economic benefit is reserved for the countr within the -one. B virtue of PD %7&&4 the Philippine declares that it has soverei,n ri,hts to e6plore4 e6ploit4 conserve and mana,e the natural resources of the seabed4 subsoil4 and super2acent waters. Jther states are prohibited from usin, the -one e6cept for navi,ation and overfli,ht4 lain, of submarine cables and pipeline4 and other lawful uses related to navi,ation and communication. 1* Di tin ! i) t)# %la  ta t# an' t)# %la  o% con(#ni#nc#.8/5 Bar Question9 la, state means a ship has the nationalit of the fla, of the state it flies4 but there must be a ,enuine lin* between the state and the ship. 80rticle &% of the Convention on the Law of the Sea9 la, of convenience refers to a state with which a vessel is re,istered for various reasons such as low or none6istent ta6ation or low operatin, costs

←

&ru', Philippine Political Law, p. 1- %1! ed(. !nternal waters refer to @all waters landward s from the baseline of the territor.A ote< $he Philippines considers all waters connectin, the islands as internal waters.

←



althou,h the ship has no ,enuine lin* with the state. 8#arris4 Cases and :aterials on !nternational Law4 7th ed.4 %&&'4 p. 5/7.9

%





%%



77/7.

*ull Pu#lic Disclosure 8/'9

ARTICLE II DECLARATION OFPRINCIPLES AND STATE POLICIES I$

PrinciplesandStatePolicies

//.

State as a -e!al Concept

I. P-inci$l# an' Stat# Polici# A. D#c-i$tion $his portion of the Constitution 80rticle !!9 mi,ht be 9 called the &aic $olitical c-##' o% t)# nation.

PRINCIP-ES

///. /V. V.

B its ver title4 0rticle !! of the Constitution is a declaration of principles and state policies. 6 6

Repu#licanism 8 %9 Incorporation Clause 8/9

6.$hese principlesprinciples in 0rticle read !! are for not enforcement intended to be selfe6ecutin, throu,h the courts. $he are used b the 2udiciar as aids or as ,uides in the e6ercise of its power of 2udicial review4 and b the le,islature in its enactment of laws. 8$anada v. 0n,ara cited in $ondo :edical Center Emploees 0ssociation v. C04 +ul %(4 /(9

Supremac% of Civilian

Authorit%819

V/. V//. V///.

Defense of State 859 Peace and Order879 Separation of Church and

State 8=9 S+A+E PO-ICIES

/7.

Independent *orei!n

Polic%8(9

7.

". F!nction o% t)# ;D#cla-ation o% P-inci$l# an' Stat# Polici#? in t)# Contit!tion

*reedom from Nuclear

!t is the statement of the basic ideolo,ical principles and policies that underlie the Constitution. 0s such4 the provisions shed li,ht on the meanin, of the other provisions of the Constitution and the are a !i'# %oall '# $a - t + # n t  of the ,overnment in the

Weapons8'9

7/.

(ust and D%namic Social

Order 8&9

7//.

Promotion of Social (ustice

implementation of the Constitution.=7

8%9

7///.

Respect for .uman

C. W)at a-# P-inci$l#0 W)at a-# Polici#0

Di!nit%8%%9

7/V.

*amil%4 Rearin! the /outh

P- in ci $l # are bindin, rules which must be

8 %/%19

7V. 7V/. 7V//.

observed in the conduct of the ,overnment.==

Women8%59

Polic i# are ,uidelines for the orientation of the

.ealth 8%79

state.=(

'alanced and healthful

Not#< $he distinction between principles and polices is of little si,nificance because not all of the si6 @principlesA are selfe6ecutor and some of the @policiesA alread anchor 2usticiable ri,hts.=' Section 7 8maintenance of peace and orderKpromotion of ,eneral werlfareK9 is a mere ,uideline. 8Section %= 8ri,ht of the people to a balanced and healthful ecolo, is ri,ht conferrin, provisions. 8Jposa vs. actoran9 o Section /' is selfe6ecutor 8Province of

Ecolo!%8%=9

7V///.

Education, Science and

+echnolo!%8%(9

7/7. 77. 77/.

-a#or8%'9

←

Econom%8%&9 Private Sector and Private

←

Enterprise 8/9

77//.

Comprehensive Rural Development 8/%9 77///. Indi!enous Cultural Communities 8//9 77/V. Sectoral Or!ani0ations 8/19

77V.

Communication and

orth Cotabato v. G)P9 See $anada v. Angara. See Political Law %11th ed., 1)2(.

←

←

Vicente Sinco, Philippine

←

77V/.Information 8/59-ocal Autonom% 8/79 77V//. E1ual Access to Opportunities 8/=9

77V///.

Pu#lic Service 8/(9



←

←

←

← ←

*ernas Primer at -%200) ed.(

See /V <8&:< :C $D8 &:9S$/$>$/:9AL &:33/SS/:9 and !0.

See /V <8&:< :C $D8 &:9S$/$>$/:9AL &:33/SS/:9 and !0. *ernas &ommentar+, p #-%200# ed(.

%/



$erritor as an element of a state means an area S# c t i o n 4 . $he Philippines is a democratic and republican Stat#. Soverei,nt resides in the people and all ,overnment authorit emanates from them.

79 over which a state has #%%#cti(# cont-ol.

R#a' P-o(inc# o% No-t) Cota&ato (. Go(#-n+#nt o% t)# R#$!&lic o% t)# P)ili$$in# . So(#-#inty
II. Stat# a a L#al Conc#$t

Im!erium 2urisdiction $So"ereignty resides in the !eo!le&

A. D#%inition o% a Stat#

a. So(#-#inty 0 state refers to a communit of persons4 more or less numerous4 permanentl occupin, a definite portion of territor4 independent of e6ternal control4 and possessin, an or,ani-ed ,overnment to which the ,reat bod of inhabitants render habitual obedience.=& ←

$he supreme and uncontrollable power inherent in a State b which that State is ,overned. (( !n autolimitation terms< !t is the propert of a State force due to which it has the e8clusi"e ca!acity o% legal determination and restriction.

El#+#nt o% a Stat# People $erritor Soverei,nt Government

&. in'* Le,al Political !nternal E6ternal

←

←

←

←

←

←

←

←

4. P#o$l# 0 communit of persons sufficient in number and capable of maintainin, the continued e6istence of the communit and held to,ether b a common

L#al So(#-#inty . Cru0 Le,al soverei,nt is the authorit which has the power to issue final commands. !n our ('

bond of law.(

countr4 the Con,ress is the le,al soverei,n.

Di%%#-#nt M#anin o% ;P#o$l#? a !#' in t)# Contit!tion*

'ernas Le,al soverei,nt is the supreme power to affect le,al interests either b le,islative4 e6ecutive or 2udicial action. $his is lod,ed in the people but is normall e6ercised b state a,encies (&

← ← ← ←

←

!nhabitants(% Electors(/ Citi-ens(1 Soverei,n. $he people or,ani-ed collectivel as a le,al association is the state which soverei,nt resides.(5

2'ernas -olitical writers distinguish etween legal so"ereignty and !olitical so"ereignty. #he %ormer is descried as the su!re me !ower to make laws and the latter as the sum total o% all in%luences in a state, legal or nonElegal,

T#--ito-y

$erritor is the fi6ed portion of the surface of the earth inhabited b the people of the state. (7

*ernas, An /ntroduction to Public /nternational Law, - %2002 ed(. ?arner cited in &ru', Philippine Political Law, p. 2) %1! ed(. &ru', Philippine Political Law, p. 2) %1! ed(. *ernas Primer at  %200) ed.( Sectio n 1 of Article // sa+s@ Sovereignt+ resides in the people an all government authorit+ emanates from them.B Sovereignt+ in this sentence therefore can be understood as the source of ultimate legal authorit+. Since the ultimate law in the Philippine s+stem is the constitution, sovereignt+, understood as legal sovereignt+, means the power to adapt or alter a constitution. $his power resides in the peopleB understood as those who have a direct hand in the formulation, adoption, and amendment or alteration of the &onstitution. %*ernas &ommentar+, p !! %200# ed(.

←

←

←

←

←

←

*ernas &ommentar+, p # %200# ed(. *ernas &ommentar+, p "0 %200# ed(.

Article //, Section 1!, 1) Article ///, Section 2 Article 7///, Section 1.

←

←

Article Section 2!(V//, Section " Article 7V/, Section 2 Article 7V///, ←

←

←

Article //, Section " Article ///, Section -.

Preamble Article //, Section 1. &ru', Philippine Political Law, p. 1) %1! ed(.



%1



which determine the course o% law. Sinco !re%ers not to make the distinction and !laces legal so"ereignty in the state itsel% considered as a @uridical !erson.3

A %o- /!'icial '#ciion. 0s for 2udicial decisions the same are valid durin, the occupation and even beond e6cept those of a political comple6ion4 which are automaticall annulled upon the restoration of the le,itimate authorit.'/

Political So(#-#inty Sum total of all the influences of a State4 le,al and nonle,al which determine the course of law.

#. E%%#ct o% C)an# in So(#-#inty A to $olitical law.Where there is a chan,e in soverei,nt4 the political laws of the former soverei,n are not merel suspended but a#ro!ated unless the are retained or reenacted b positive act of the new soverei,n.

Int#-nal So(#-#inty !t refers to the power of the State to control its domestic affairs. !t is the supreme power over everthin, within its territor.

A to no n $o li ti ca l la w .onpolitical laws4 continue in operation.

E@t#-nal So(#-#inty 0lso *nown as Independence4 which is freedom from e6ternal control. !t is the power of State to direct its relations with other States.'

%. I+$#-i!+ (. Do+ini!+ I+$#-i!+.State?s authorit to ,overn. Covers such activities as passin, laws4 ,overnin, territor4 maintainin, peace and order over it4 and defendin, a,ainst forei,n invasion. $his is the authorit possessed b the State embraced in the concept of soverei,nt.

c. C)a-act#-itic o% So(#-#inty !t is permanent4 e6clusive4 comprehensive4 asolute4 indivisible4 inalienable4 and imprescriptible.'%

Do+ini!+.Capacit of the State to own propert. Covers such ri,hts as title to land4 e6ploitation and use of it4 and disposition or sale of the same.

"!t wait,in the case of $anada v. 0n,ara4 it was held that soverei,nt of a state cannot #e a#solute. !t is sub2ect to limitations imposed b membership in the famil of nations and limitations imposed b treaties. $he Constitution did not envision a hermittpe isolation of the countr from the rest of the world. 8/ Bar Question9

. :!-i'iction +urisdiction is the manifestation of soverei,nt. $he 2urisdiction of the state is understood as both its authorit and the spher e of the e6ercise of that authorit.

(6ead -ro"ince o% Cotaato ". 56-. ctoer )B, 00+1

in' o% :!-i'iction* '. E%%#ct o% "#lli#-#nt Occ!$ation

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A to $ol itical law o . chan,e of soverei,nt durin, a belli,erent occupation4 the political laws of the occupied territor are merel% suspended4 sub2ect to revival under the @us !ostliminium upon the end of the occupation. ote that the rule suspendin, political laws affects onl the civilian inha#itants of the occupied territor and is not intended to bind the enemies in arms. 0lso4 the rule does not appl to the law on treason althou,h decidedl political in character.

A to non$olitical law$he . nonpolitical laws are deemed continued unless chan!ed b the belli,erent occupant since the are intended to ,overn the relations of individuals as amon, themselves and are not ,enerall affected b chan,es in re,imes of rulers.

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←

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←

&ru', Philippine Political Law, p. 2) %1! ed(. Laurel v. 3isa, -- Phil !).



P#-onal /!-i'iction  authorit of the state over its nationals4 their persons4 propert4 and acts whether within or outside its territor 8e.,. 0rt. %74CC9

&ru', Philippine Political Law, p. 2 %1! ed 8empt are@ ←

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T#--ito-ial /!-i'iction  authorit of the state to have all persons and thin,s within its territorial limits to be completel sub2ect to its control and protection .'1

Coreign states, heads of state, diplomatic representatives, and consuls to a certain degree Coreign state propert+, including embassies, consulates, and public vessels engaged in non6commercial activities Acts of state Coreign merchant vessels eercising the rights of innocent passage or involuntar+ entr+, such as the arrival under stress Coreign armies passing through or stationed in i ts territor+ with its permission Such other persons or propert+, including organi'ations li5e the >nited 9ations, over which it ma+, b+ agreement, waive 4urisdiction.

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E@t-at#--ito-ial /!-i'iction  authorit of the State over persons4 thin,s4 or acts4 outside its territorial limits b reason of their effect to its territor. E@a+$l#< ←

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C Go(#-n+#nt 4 . G o ( # - n +# n t o % t ) # R # $ ! & l i c o % t ) # P)ili$$in# $he Government of the )epublic of the Philippines is a term which refers to the corporate !overnmental entit% throu,h which the functions of ,overnment are e6ercised throu,hout the Philippine !slands4 includin,4 save as the contrar appears from conte6t4 the various arms throu,h which political authorit is made effective in said !slands4 whether pertainin, to the central Government or to the provincial or municipal

0ssertion of its personal 2urisdiction over its nationals abroad or the e6ercise of its ri,hts to punish certain offenses committed outside its territor a,ainst its national interests even if the offenders are nonresident aliens B virtue of its relations with other states or territories4 as when it establishers a colonial protectorate4 or a condominium4 or administers a trust territor4 or occupies enem territor in the course of war When the local state waives its 2urisdiction over persons and thin,s within its territor4 as when a forei,n arm stationed therein remains under the 2urisdiction of the sendin, states b the principle of e6tra territorialit4 as illustrated b the immunities of the head of state in a forei,n countr $hrou,h the en2oment or easements or servitudes4 such as the easement of innocent passa,e or arrival under stress $he e6ercise of 2urisdiction b the state in the hi,h seas over its vessels over pirates in the e6ercise of the ri,ht to visit and search and under the doctrine of hot pursuit $he e6ercise of limited 2urisdiction over the conti,uous -one and the patrimonial sea4 to prevent infrin,ement of its customs4 fiscal4 immi,ration or sanitar re,ulations.

branches or other form of local ,overnment. 8Section / of the )evised 0dministrative Code 8%&%(9. n the national scale, the term $go"ernment o% the -hili!!ines& re%ers to the three great de!artments. n the local le"el, it means the regional !ro"incial, city munici!al an arangay go"ernments. It does not include go"ernment entities which are gi"en a cor!orate !ersonality se!arate and distinct %or the go"ernment and which are go"erned y the cor!oration law. 3. Go(#-n+#nt (. A'+init-ation Government is the institution throu,h which the state e6ercises power. 0dministration consists of the set of people currentl runnin, the institution. '( . F!nction o% Go(#-n+#nt ←

). :!-itic T)#o-y o% So(#-#inty $he le,alistic and analtical view of soverei,nt considers the state as a corporate entit% 4 a 2uridical person.'5 !t ta*es the state purel as a le,al or,anism. !t does not have anthin, to do at all with its social and historical bac*,round.

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G o ( # - n +# n t a l 8Constituent9 are the compulsor functions which constitute the ver bonds of societ. P-o$-i#ta-y8:inisterial9Noptional functions of the ,overnment for achievin, a better life for the communit. 8Bacani v. 0CJCJ9

Go(#-n+#ntal F!nction ←

i. ;So(#-#inty -#i'# in t)# PEOPLE? $he @peopleA in the sense in which it is used here refers to the entire citi0enr% conside red as a unit.'7

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. Go(#-n+#nt Go (# -n +# nt . $hat institution or a,,re,ate of institutions b which an independent societ ma*es and carri es out thos e rules of actio n which are necessar to enable men to live in a social state4 or which are impose upon the people formin, that societ b those who possess the power or

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'=

!mplementation of the land reform ma not strictl be @constituentA in the sense of ;acani but the compellin, ur,enc with which the Constitution spea*s of social 2ustice does not leave an doubt that lan' -#%o- + i not an optional but a co+$!lo-y %!nction o% o(#-#inty . 80CC0 v. C3GCJ9 $he functions of the Veterans ederation of the Philippines fall within the cate,or of soverei,n functions. 8Veterans ederation of the Phils. V. )ees 5'1 SC)0 7/=9 $he :anila !nternational 0irport 0uthorit is a ,overnmental instrumentalit vested with corporate powers to perform its ,overnmental function. !t performs ,overnment functions essential to the operation of an international airport. 8:!00 v. C09 #ousin, is a ,overnmental function since housin, is considered an essential service. 8P##C v. C!)9

authorit of prescribin, them. ←

←

←

Sinco, Philippine Political Law, p 1 %1!"ed(. Sinco, Philippine Political Law, p 1 %1!"ed(.



>S v. orr, 2 Phil ##2cited in *acani v. 9A&:&:, 100 Phil. ") %1!)(.

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*ernas &ommentar+, p ""%200# ed(.

%7


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,overnment b the inhabitants of a countr who rise in insurrection a,ainst the parent state 8Such as the ,overnment of the Southern Confederac in revolt a,ainst the 3nion durin, the war of secession in the 3nited States.9 #. 4overnment of paramount force$ $hat which is established and maintained b militar forces who invade and occup a territor of enem in the course of war. &/ 8Such as the cases of Castine in :aine4 which was reduced to a British possession in the war of %'%/4 and

$he #0 is tas*ed with implementin, the ,overnmental pro,ram of providin, mass housin, to meet the needs of ilipinos for decent housin,. $he #0 is e6empt from pain, doc*et fees in suits in relation to its ,overnmental functions. 8Badillo v. $aa,9 $he 8)C09 )ice and Corn 0dministration is a ,overnment machiner to carr out declared ,overnment polic to stabili-e the price of pala4 rice4 and corn and ma*in, it within the reach of avera,e consumers. !ts activit of buin, and sellin, corn is onl an incident to its o(#-n+#nt %!nction . #ence4 it is e6empt from postin, an appeal bond. 8)epublic v. C!9 $he @0P )etirement and Benefits SstemA is a

$ampico4 :e6ico4 occupied durin, the war with :e6ico b the troops of the 3S.9 8Co Mim Chan v. Valde- 4 (7 Phil %%19

,overnment entit and its funds are in the nature of public funds 8People v. Sandi,anbaan9

P-o$-i#ta-y F!nction ←

3nderta*in, to suppl water for a price is considered a trade and not a ,overnmental activit. 8Spouses ontanilla v. :aliaman9

←

Civil 0eronautics 0dministration is in char,e of the administration of :!04 it is performin, proprietar functions4 hence it can be sued even when the claim is based on a ;uasidelict. 8C00 v. C09

Not#* $he ,overnment under Cor 0;uino and the reedom Constitution is a de @ure ,overnment. !t was established b authorit of the le,itimate soverei,n4 the people. !t was a revolutionar ,overnment established in defiance of the %&(1 Constitution. 8!n )e Letter of 0ssociate +ustice Puno4 /% SC)0 7'& 8%&&/9.

. Doct-in# o% Pa-#n Pat-ia# Literall4 @parent of the people.A Jne of the important tas*s of the ,overnment is to act for the State as !arens !atriae4 or ,uardian of the ri,hts of the people.''

$he ,overnment under President Gloria :acapa,al 0rroo established after the ouster of President Estrada is de 2ure ,overnment.&1 Sinco on R#(ol!tion o- Di-#ct Stat# Action* ;!t sometimes happens that the people rise in revolt a,ainst the e6istin, administration H,overnmentI and throu,h force or threats succeed in alterin, the constituted or,ans of

B. Clai%ication o% Go(#-n+#nt on t)# "ai o% L#iti+acy De +ure Government De acto Government

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D#

:! - #

G o ( # - n +# n t . Jne

established

authorit of the le,itimate soverei,n.

D# Fa c to Go (# -n +#n t. Jne established in defiance of the le,itimate soverei,n.& !t actuall e6ercises power or control without le,al title.&%  in' o% D# Facto Go(#-n+#nt* 1. +he !overnment that !ets possession and control or, or usurps, #% force or #% the voice of ma5orit%4 the ri,htful le,al ,overnmen t and maintains itself a,ainst the will of the latter. 8Such as the ,overnment of En,land under the Commonwealth4 first b Parliament and later b Cromwell as Protector.9 2. Esta#lished and maintained #% invadin! militar% forces$ $hat established as an independent ←

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&ru', Philippine Political Law, p. 2# %1! ed(. *ernas Primer at  %200) ed.( *ernas Primer at  %200) ed.( &ru', Philippine Political Law, p. 2# %1! ed(.



the ,overnment. rom the point of view of the

b

'&

2

/t has been held that the Second on A'uino that @the people have made the 2ud,ment the have accepted the ,overnment of President Cora-on 0;uino which is in effective ←

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control of thebut entire that ita is de not merel a de %acto. ,overnment in countr fact andso law @ure go"ernment :oreover4 the communit of nations has reco,ni-ed the le,itimac of the present ,overnment.A # *ernas Primer at  %200) ed.(

%=



e6istin, constitutional plan4 that act is ille,al but considered from the point of view of the sate as a distinct entit not necessaril bound to emplo a particular ,overnment or administration to carr out its will4 it is the direct act of the state itself because it is successful. 0s such4 it is le,al4 for whatever is attributable to the state is lawful. $his is the le,al and political basis of the doctrine of revolution$678 B. P- # i' #n ti al (. Pa -l ia +#nt a- y o(#-n+#nt8/= Bar E6am Question9

%o -+

0n act of State is done b the soverei,n power of a countr4 or b its dele,ate4 within the limits of the power vested in him.&' Within particular reference to Political Law4 an act of State is an act done b the political departments of the ,overnment and not sub2ect to 2udicial review. 0n illustration is the decision of the President4 in the e6ercise of his diplomatic power4 to e6tend reco,nition to a newlestablished forei,n State or ,overnment. &&

o%

D. Stat# I++!nity

$he $-#i'#ntialform of ,overnment?s identifin, feature is what is called the @separation of powers.A&7 $he essential characteristics of a $a-lia+#nta-y form of ,overnment are< $he members of the ,overnment or cabinet or the e6ec utive arm are4 as a rule4 simultaneousl members of the le,islature $he ,overnment or cabinet consistin, of the political leaders of the ma2orit part or of a coalition who are also members of the le,islature4 is in effect a committee of the le,islature $he ,overnment or cabinet has a pramidal structure at the ape6 of which is the Prime :inister or his e;uivalent $he ,overnment or cabinet remains in power onl for so lon, as it en2os the support of the ma2orit of the le,islature Both ,overnment and le,islature are possessed of control devices which each can demand of the other immediate political responsibilit. !n the hands of the le,islature is the vote of nonconfidence 8censure9 whereb ,overnment ma be ousted. !n the hands of the ,overnment is the power to dissolve the le,islature and call for new elections. &=

@$he State cannot be sued without its consent.A 80rticle TV!4 Section 19

(State immunity will e discussed under Article F=I, Section 31

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PRINCIPLES

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1< What constitutional forms of ,overnment have been e6perienced b the Philippines since %&17 A< Presidential and presidential onl.&(

III. R#$!&licani+ S# c t i o n 4 . $he Philippines is a '#+oc-ati c an' -#$! &lican Stat# . Soverei,nt resides in the people and all ,overnment authorit emanates from them. A. R#$!&lic R#$ !&lic is a representative ,overnment run b the people and for the people. %

C. Act o% Stat#

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Sinco, Philippine Political Law, p - %1!"ed(. *ernas Primer at 10 %200) ed.( *ernas Primer at 11 %200) ed.( *ernas Primer at 11 %200) ed.(

R # $ ! & l i c a n  t a t # is a state wherein all ,overnment authorit  emanates from the people and is e6ercised b representatives chosen b the people.%%

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&ru', Philippine Political Law, p. 2 %1! ed(. &ru', Philippine Political Law, p. 2 %1! ed(. &ru', Philippine Political Law, p. !0 %1! ed(. *ernas Primer at 11 %200) ed.(

%(



". E#ntial F#at!-# o% R#$!&licani+ A. R#n!nciation o% Wa$he essence of republicanism is representation and renovation. $he citi-enr selects a corps of public functionaries who derive their mandate from the people and act on their behalf4 servin, for a limited period onl4 after which the are replaced or retained at the option of their principal. %/ ←

4. A-#i(# Wa$he Philippines onl renounces 0GG)ESS!VE war as an instrument of national polic. !t does not renounce defensive war.

Mani%#tation o% R#$!&licani+ ←

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@$he Philippines renounces war as an instrument of national policKA (6ead along -reamle, Article II Secs.  G+? Article F=III Sec. 91

Jurs is a ,overnment of laws and not of men. 8Villavicencio v. Lu*ban4 1& Phil (('9 )ule of :a2orit 8Pluralit in elections9 0ccountabilit of public officials Bill of )i,hts Le,islature cannot pass irrepealable laws Separation of powers

3. P)ili$$in# R#no!nc# Not Only Wa0s member of 3nited ations4 the Philippines does not merel renounce war but adheres to 0rticle /859 of the 3 charter which sas< @ 0ll :embers shall -#%-ain in t)#i- int#-national -#lation %-o+ t)# t) -# at o - ! # o% %o- c# a,ainst the territorial inte,rit or political independence of an state4 or in an other manner inconsistent with Purposes of the 3ntied ations.A

;D#+oc-atic Stat#? !n the view of the new Constitution4 the Philippines is not onl a representative or republican state but also shares some aspects of direct democrac such as @initiative and referendumA. $he word democratic is also a monument to the ebruar )evolution which rewon freedom throu,h direct action of the people.

. Hi t o- ic al D# (# lo $+#n t o% t) # Po li cy C o n ' # + n i n  o - O ! t l a w i n  Wa- i n t ) # Int#-national Sc#n#* Covenant of the -ea!u e of Nations  provided conditions for the ri,ht to ,o to war.

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E. Contit!tional A!t)o-ita-iani+

9ello!!:'riand Pact of ;7<=  also *nown as the General $reat for the )enunciation of War4 ratified b =/ states4 which forbade war as @an instrument of national polic.A

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Constitutional authoritarianism as understood and practiced in the :arco s re,ime under the %&(1 Constitution4 was the assumption of e6traordinar powers b the President4 includin, le,islative and 2udicial and even constituent powers. %1 1* !s constitutional authoritarianism compatible with a republican state A* Res if the Constitution upon which the E6ecutive bases his assu mption of power is a le,itimate e6pression of the people?s will and if the E6ecutive who assumes power received his office throu,h a valid election b the people. %5

#.

Charter of the >nited Nations Prohibits the threat or use of force a,ainst the territorial inte,rit or political independence of a State. ". Inco-$o-ation Cla!# @$he PhilippinesKadopts the ,enerall accepted principles of international law as part of law of the landKA 4. Acc#$tanc# o% D!alit Vi#w !mplicit in this provision is the acceptance of the dualist view of le,al sstems4 namel that domestic law is distinct %rom international law . Since dualism holds that international law and municipal law belon, to different spheres4 international law becomes part of municipal law onl if it is incorporated in to municipal law.%7

IV. R#n!nciation o% Wa-2 Inco-$o-ation Cla!#2 Policy o% PE:FCA wit) All Nation S#ct io n 3. $he Philippines renounces war as an instrument of national polic4 adopts the ,enerall accepted principles of international law as part of law of the land and adheres to the polic of peace4 e;ualit4 2ustice4 freedom4 cooperation4 and amit with all

3 Doct-in# o% Inco-$o-ation 8%&&( Bar Question9 Ever state is4 b reason of its membership in the famil of nations4 bound b the !enerall% accepted principles of international law4 which

nations. ←

← ←

&ru', Philippine Political Law, p. !0 %1! ed(. *ernas Primer at 12 %200) ed.( *ernas Primer at 12 %200) ed.( 10!


*ernas &ommentar+, p )1 %200# ed(.

%'




Still4 it was felt advisable to e6pressl affirm this principle in the Constitution to alla all fears of a

are considered to #e automaticall% part of its own laws. $his is the doctrine of incorporation.%=

militar ta*eover of our civilian ,overnment. %%%

. Int#-national Law Int#-national Law #raditional de%inition< !t is a bod of rules and principles of action which are bindin, upon civili-ed states in their relation to one another. 6estatement< $he law which deals with the conduct of states and of international or,ani-ations and with their relations inter se4 as well as with some other relations with persons4 natural or 2uridical. . To W)at El#+#nt o% Int#-national Law 'o# t)# $-inci$l# o% inco-$o-ation a$$ly0 Since treaties become part of Philippine law onl b ratification4 the principle of incorporation applies onl t o customar% law and to treaties which have #ecome part of customar% law. %(

!t was also fittin,l declared that the President4 who is a civilian official4 shall be the commanderinchief of all the armed forces of the Philippines. %%/ 1* Does this mean that civilian officials are superior to militar officials A* Civilian officials are superior to militar official onl when a law ma*es them so. %%1 ". A-+#' Fo-c# o% t)# P)ili$$in# 4. R# a on  =i n t) # co n ti t! ti on > %o - t) # #@it#nc# o% t)# a-+#' %o-c# 0s protector of the people and the State $o secure the soverei,nt of the State and the inte,rit of the national territor.%%5 $he ma be called to prevent or suppress lawless violence4 invasion or rebellion. %%7 0ll :embers of the armed forces shall ta*e an oath or affirmation to uphold and defend the Constitution.%%=

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B. E%%#ct o% Inco-$o-ation Cla!# !nternational law therefore can be used b Philippine courts to settle domestic disputes in much the same wa that the would use the Civil Code or the Penal Code and other laws passed b Con,ress.%'

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3. Co+$oition $he 0rme d orces of the Philippines shall be composed of a citi-en armed force which shall under,o militar trainin, and serve as ma be provided b law. 80rticle TV!4 Section 59

C. Policy o% PE:FCA wit) All Nation @$he PhilippinesKadheres to the polic of peace4 e;ualit4 2ustice4 freedom4 cooperation4 and amit with all nations.A 1* Does the affirmation of amit will all nations mean automatic diplomatic reco,nition of all

. On Politic

nations A* o. 0mit with all nations is an ideal to be aimed at. Diplomatic reco,nition4 however4 remains a

$he armed forces shall be insulated from partisan politics. o member of the militar shall en,a,e directl or indirectl in an partisan political activit4 e6cept to vote. 80rticle TV!4 Section 79

matter of e6ecutive discretion.%&

1* !s the provision an assertion of the political role of the militar A* o. $he phrase @ $-ot#cto- o% t)# $#o$l# A was not meant to be an asse rtion of the political role of the militar. $he intent of the phrase @protector of the peopleA was rather to ma*e it as corrective to militar abuses e6perienced durin, martial rule. %%(

V. S!$-#+acy o% Ci(ilian A!t)o-ity S#ction .Civilian 0uthorit is4 at all times supreme over the militar. $he 0rmed orces of the Philippines is the protector of the people and the State. !ts ,oal is to secure the soverei,nt of the State and inte,rit of the national territor. A. Ci(ilian A!t)o-ity ←

$hat ci"ilian authority is at all times su!reme o"er

the military is implicit in a republican sstem. ←

← ←

←

←

&ru', Philippine Political Law, p. !! %1! ed(. *ernas &ommentar+, p )1 %200# ed(. *ernas &ommentar+, p )1 %200# ed(. *ernas Primer at 1# %200) ed.( &ru', Philippine Political Law, p. )- %1! ed(.



%%

←

←

←

←

←

←

&ru', Philippine Political Law, p. )- %1! ed(. Article V//, Section 1. *ernas Primer at 1# %200) ed.( Article //, Section #. Article V//, Section 1. See /*P v. Eamora. Article 7V/, Seciton !. *ernas &ommentar+, p )) %200# ed(.

%&


1* Does this mean that the militar has no political role A* 'ernas $he militar e6ercise of political power can be 2ustified as a last resortNwhen civilian authorit has lost its le,itimac.%%' (#his is dangerous.1  . "a- 1!#tion8/19 1* !s the PP covered b the same mandate under 0rticle !!4 Section 1 A* o. $his provision is specificall addressed to the 0P and not to the PP4 because the latter is separate and distinct from the former. 8)ecord of the Constitutional Commission4 Volume V4 p. /&= :analo v. Sisto-a4 1%/ SC)0 /1&9 VI. D#%#n# o% Stat# S# ct ion . $he prime dut of the ,overnment is to serve and protect the people. $he Government ma call upon the people to defend the state and4 in the fulfillment thereof4 all citi-ens ma be re;uired4 under conditions provided b law4 to render personal militar or civil service.

VII. P#ac# an' O-'#-


S#ction 9.$he separation of Church and State shall be inviolable. A. Rational#

$Strong %ences make good neighors .& $he idea is to delineate boundaries between the two institutions and thus avoid encroach ments b one a,ainst the other because of a misunderstandin, of the limits of their respective e6clusive 2urisdictions.%%& ". W)o i P-o)i&it#' %-o+ Int#-%#-in Doct-in# c!t &ot) way. !t is not onl the State that is prohibited from interferin, in purel ecclesiastical affairs the Church is li*ewise barred from meddlin, in purel secular matters. %/8Cru-9 C. S#$a-ation o% C)!-c) an' Stat# i R#in%o-c#' &y* reedom of )eli,ion Clause 80rticle !!!4 Section 79 )eli,ious sect cannot be re,istered as a political part 80rticle !TC4 Section /8799 o sectoral representatives from the reli,ious sector. 80rticle V!4 Section 7 8/99 Prohibition a,ainst appropriation a,ainst sectarian benefit. 80rticle V!4 /&8/99. ←

←

←

←

←

E@c#$tion Churches4 parsona,es4 etc. actuall4 directl and e6clusivel used for reli,ious purposes shall be e6empt from ta6ation. 80rticle V!4 Section /'8199. When priest4 preacher4 minister or di,nitar is ←

S#ctio n B. $he maintenance of peace and order4 the protection of life4 libert and propert4 and the promotion of ,eneral welfare are essential for the en2oment b all the people of the blessin,s of democrac.

←

←

Section 7 is not a selfe6ecutin, provision. !t is merel a ,uideline for le,islation. 8Milosbaan v. :orato9

←

Ri) t to &#a- a-+.$he ri,ht to bear arms is a statutor4 not a constitutional ri,ht. $he license to carr a firearm is neither a propert nor a propert ri,ht. either does it create a vested ri,ht. Even if it were a propert ri,ht4 it cannot be considered absolute as to be placed beo nd the reac h of police power. $he maintenance of peace and order4 and the protection of the people a,ainst violence are constitutional duties of the State4 and the ri,ht to bear arms is to be construed in connection and in harmon with these constitutional duties. 8Chave- v. )omulo4 /59

STATE POL ICIES I. In'#$#n'#nt Fo-#in Policy S#ction 7.$he State shall pursue an independent forei,n polic. !n its relations with other states the paramount consideration shall be national soverei,nt4 territorial

VIII. S#$a-ation o% C)!-c) an' Stat#

11

assi,ned to the armed forces4 or an penal institution or ,overnment orphana,e or leprosarium4 public mone ma be paid to them. 80rticle V!4 Section /&8/99 Jptional reli,ious instruction for public elementar and hi,h school students. 80rticle T!V4 Section 18199. ilipino ownership re;uirement for education institutions4 e6cept those established b reli,ious ,roups and mission boards. 80rticle T!V4 Section 58/99.

←

&ru', Philippine Political Law, p. )! %1! ed(.

←

&ru', Philippine Political Law, p. )! %1! ed(.

*ernas &ommentar+, p )) %200# ed(.



/



inte,rit4 national interest4 and the ri,ht to selfdetermination.

II. Social :!tic# S#ction 4J.$he State shall promote social 2ustice in all phases of national development

$he word @relationsA covers the whole ,amut of treaties and international a,reements and other *inds of intercourse.%/% . F-##'o+ %-o+ N!cl#a- W#a$on

A. D#%inition o% Social :!tic# Social +ustice is neither communism4 nor despotism4 nor atomism4 nor anarch4 but the humani0ation of the laws and the e1uali0ation of the social and economic forces #% the State so that 5ustice in its rational and o#5ectivel% secular conception ma% at least #e appro"imated$ 8Calalan, v. Williams9

S#ction 6.$he Philippines consistent with the national interest4 adopts and pursues a polic of freedom from nuclear weapons in its territor. A. Sco$# o% Policy

Social 2ustice simpl means the e;uali-ation of economic4 politica l4 and social opportunities with special emphasis on the dut of the state to tilt the balance of social forces b favorin, the disadvanta,ed in life.%/7

$he polic includes the prohibit ion not onl of the possession4 control4 and manufacture of nuclear weapons but also nuclear arms tests. ". E@c#$tion to t)# Policy E6ception to this polic ma be made b the political department but it must be 2ustified b the

III. R#$#ct %o- H!+an Dinity

demands of the national interest. %// S# ct io n 44. $he State values the di,nit of ever human person and ,uarantees full respect for human ri,hts.

$he polic does not prohibit the peaceful use of nuclear ener,.%/1 C. I+$lication o% t)# Policy %o- t)# P-##nc# o% A+#-ican T-oo$

$he concreti-ation of this provision is found

0n new a,reement on bases or the presence of the troops4 if ever there is one4 must embod the basic polic of freedom from nuclear weapons. :oreover4 it would be well within the power of ,overnment to demand ocular inspection and removal of nuclear arms. %/5

principall in the Bill of )i,hts and in the human ri,hts provision of 0rticle T!!!.%/= Fac t* Petitioners ;uestioned the constitutionalit of PD %'=&4 which created the P0GCJ) and authori-ed it to operate ,amblin, casinos4 on the ,round that it violated Sections %%4 %/ and %1 of 0rticle !! of the Constitution. H#l '* $hese provisions are merel statements of policies which are not selfe6ecutin,. 0 law has to be passed to implement them. 8Basco v. P0GCJ)4 %&( DC)0 7/9%/(

I. :!t an' Dyna+ic Social O-'#S#ction 5.$he State shall promote a 2ust and dnamic social order that will ensure the prosperit and independence of the nation and free the people from povert throu,h policies that provide ade;uate social services4 promote full emploment4 a raisin, standard of livin,4 and an improved ;ualit of life for all.

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← ←

IV. Fa+ilyK R#a-in t)# Yo!t) S#ction 43.$he State reco,ni-es the sanctit of famil life and shall protect and stren,then the famil as a basic autonomous social institution. !t shall e;uall protect the life of the mother and the li %# o% t) # !n &o -n %- o+ conc#$tion. $he natural and primar

*ernas &ommentar+, p -2 %200# ed(. *ernas Primer at 1! %200) ed.( *ernas Primer at 1! %200) ed.( *ernas Primer at 1! %200) ed.(



←

←

←

*ernas Primer at 1) %200) ed.( *ernas &ommentar+, p # %200# ed(. acinto imene', Political Law & ompendium, " %200) ed.(

/%



!n the matter of education4 the primar and natural ri,ht belon,s to the paren ts. $he State has a secondar and supportive role.

ri,ht and dut of parents in rearin, of the outh for civic efficienc and the development of moral character shall receive the support of the ,overnment.

Fo-#in Lan!a#.$he State cannot prohibit the teachin, of forei,n lan,ua,e to children before the reach a certain a,e. Such restriction does violence both to the lett er and the spirit of the Constitution. 8:eer v. ebras*a9

S#ction 4.$he State reco,ni-es the vital role of the outh in nation buildin, and shall promote and protect their phsical moral4 spiritual4 intellectual4 and social wellbein,. !t shall inculcate in the outh patriotism and nationalism4 and encoura,e their involvement in public and civic affairs.

P!&lic Sc)ool.$he State cannot re;uire children to attend onl% public schools before the reach a certain a,e. $he child is not a mere creature of the State. $hose who nurture him and direct his destin have the ri,ht to reco,ni- e and prepare him. 8Pierce v. Societ of Sisters9

A. Fa+ily

R#liio!  U$&-inin.$he State cannot re;uire children to continue schoolin, beond a certain a,e in the honest and sincere claim of parents that such schoolin, would be harmful to their reli,ious upbrin,in,. Jnl those interests of the State @of the hi,hest order and those not otherwise served can overbalanceA the primar interest of parents in the reli,ious upbrin,in, of their children. 8Wisconsin v. Roder9

amilA means a stable heterose6ual relationship. $he famil is not a creature of the State. %/' ". E%%#ct o% t )# D#cla-ation o% Fa+ily A!tono+y !t accepts the principle that the famil is anterior to the State and not a creature of the State. !t protects the famil from instrumentali-ation b the State. %/& C. P!-$o# o% A#-tion o% P-ot#ction o% t)# Un&o-n

Pa-#n Pat-ia#.#owever4 as !arens !atriae4 the State has the authorit and dut to step in where parents fail to or are unabl e to cope with their duties to their children.

$he purpose of the assertion that the protection be,ins from the time of conception is to $-#(#nt t)# Stat# %o-+ a'o$tin  t)# 'oct- in# Roe in v$ Wade which liberali-ed abortion laws up to the si6th month of pre,nanc b allowin, abortion an time durin, the first si6 months of pre,nanc provided it can be done without dan,er to the mother.

V. Wo+#n

S#ction 4.$he State reco,ni-es the role of women in nationbuildin,4 and shall ensure the fundamental e;ualit before the law of women and men.

D. L#al M#anin o% t)# P-ot#ction G!a-ant##' %ot)# Un&o-n. $his is not an assertion that the unborn is a le,al person. $his is not an assertion that the life of the unborn is placed e6actl on the level of the life of the mother. 8When necessar to save the life of the mother4 the life of the unborn ma be sacrificed but not when the purpose is merel to save the mother from emotional sufferin,4 for which other remedies must be sou,ht4 or to spare the child from a life of povert4 which can be attended to b welfare institutions.9 %1

$he provision is so worded as not to automaticall dislocate the Civil Code and the civil law 2urisprudence on the sub2ect. What it does is to ,ive impetus to the removal4 throu,h statutes4 of e6istin, ine;ualities. $he ,eneral idea is for the law to i,nore se6 where se6 is not a relevant factor in determinin, ri,hts and duties. or is the provision meant to i,nore customs and traditions. %1%

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←

!n -hili!!ine #elegra!h and #ele!hone Co. ". 46C, )**, the Supre me Court held that the petitioner?s polic of not acceptin, or considerin, as dis;ualified from wor* an woman wor*er who contracts marria,e 4 runs afoul of the test of4 and the ri,ht a,ainst discrimination4 which is ,uaranteed all women wor*ers under the

E. E'!cation

←

←

←

Constitution. While a re;uirement that a woman emploee must remain unmarried ma be 2ustified as a @bona fide ;ualificationA where the particular

*ernas &ommentar+, p " %200# ed(. *ernas Primer at 1) %200) ed.( *ernas Primer at 1- %200) ed.(

1#1



*ernas Primer at 1 %200) ed.(

//



re;uirements of the 2ob would demand the same4 discrimination a,ainst married women cannot be adopted b the emploer as a ,eneral principle. VI. H#alt) S#c tion 4B. $he State shall protect and promote the ri,ht to health of the people and instill health consciousness amon, them. $he provisions which directl or indirectl pertain to the dut of the State to protect and promote the people?s ri,ht to health and wellbein, are not self e6ecutor. $he await implementation b Con,ress. %1/ VII. "alanc#' an' H#alt)%!l Ecoloy S#ction 49.$he State shall protect and advance the ri,h t of the people to a balanced and healthful ecolo, in accord with the rhthm and harmon of nature. Section %= provides for enforceable ri,hts. #ence4 appeal to it has been reco,ni-ed as conferrin, @standin,A on minors to challen,e lo,,in, policies of the ,overnment. 8Jposa v. actoran9 While the -i)t to a &alanc #' an' )#a lt) %!l #co lo y is to be found under the Declaration of Principles and State Policies and not under the Bill of )i,hts4 it does not follow that it is less important than an of the civil and political ri,hts enumerated in the latter. Such a ri,ht belon,s to a different cate,or of ri,hts for it concerns nothin, less than sel%E!reser"ation and sel%E!er!etuation. $hese basic ri,hts need not even be written in the Constitution for the are assumed to e6ist from the inception of human*ind. 8Jposa v. actoran4%&&19 Jn this basis too4 the SC upheld the empowerment of the La,una La*e Development 0uthorit 8LLD09 to protect the inhabitants of the La,una La*e 0rea from the deleterious effects of pollutants comin, from ,arba,e dumpin, and the dischar,e of wastes in the area as a,ainst the local autonom claim of local ,overnments in the area. 8LLD0 v. C04 %&&79 S# # R! l# Ca#.

o%

P- oc #' !- #

on

En (i -o n+#n ta l

S## W-it o% ali8aan !n'#- A-ticl# VIII. VIII. E'!cation, Sci#nc# an' T#c)noloy 1#2

Tondo Medical Center Employees v. CA.?.<. 9o. 1)-#2", ul+ 1-, 200-. I sweat, I bleed, I soar…


S#c ti o n 47 . $he State shall ,ive priorit to education4 science and technolo,4 arts4 culture and sports to foster patriotism4 nationalism4 accelerate social pro,ress4 and promote total human liberati on and development. (See Article FI=, Section 1 $his does not mean that the ,overnment is not free to balance the demands of education a,ainst other competin, and ur,ent demands. 8Guin,ona v. Cara,ue9 !n -hili!!ine Merchant Marine School Inc. ". CA, the Court said that the re;uirement that a school must first obtain ,overnment authori-ation before operatin, is based on the State polic that educational pro,rams and"or operations shall be of ,ood ;ualit and4 therefore4 shall at least satisf minimum standards with respect to curricula4 teachin, staff4 phsical plant and facilities and administrative and mana,ement viabilit. While it is true that the Court has upheld the constitutional ri,ht of ever citi-en to select a profession or course of stud sub2ect to fair4 reasonable and e;uitable admission and academic re;uirements4 the e6ercise of this ri,ht ma be re,ulated pursuant to the police power of the State to safe,uard health4 morals4 peace4 education4 order4 safet and ,eneral welfare. $hus4 persons who desire to en,a,e in the learned professions re;uirin, scientific technical *nowled,e ma be re;uired to ta*e anore6amination as a prere;uisite to en,a,in, in their chosen careers. $his re,ulation assumes particular pertinence in the field of medicine4 in order to protect the public from the potentiall deadl effects of incompetence and i,norance. 8P)C v. De Gu-man4 /59 I. La&oS#c tio n 46. $he State affirms labor as a primar social economic force. !t shall protect the ri,hts of wor*ers and promote their welfare. @0 primar social econom ic forceA means that the human factor has primac over nonhuman factors of production. Protection to labor does not indicate promotion of emploment alone. 3nder the welfare and social 2ustice provisions of the Constitution4 the promotion of full emploment4 while desirable4 cannot ta*e a bac*seat to the ,overnment?s constitutional dut to provide mechanisms for the protection of our

/1



wor*force4 local or overseas. 8+:: Promotion and :ana,ement v. C04 /= SC)0 1%&9

0lthou,h the Constitution enshrines free enterprise as a polic4 it nevertheless reserves to the Government the power to intervene whenever necessar for the promotion of the ,eneral welfare4 as reflected in Sections = and %& of 0rticle T!!.

What concerns the Constitution more paramountl is emploment be above all4 decent4 2ust and humane. !t is bad enou,h that the countr has to send its sons and dau,hters to stran,e lands4 because it cannot satisf their emploment needs at home. 3nder these circumstances4 the Government is dut bound to provide them ade;uate protection4 personall and economicall4 while awa from home. 8Philippine 0ssociation of Service E6porters v. Drilon4 %=1 SC)0 1'=9

II. Co+$-#)#ni(# R!-al D#(#lo$+#nt S#ction 34.$he State shall promote comprehensive rural development and a,rarian pro,ram.

(See Article FIII, Sections BE)01

. S#l%R#liant an' In'#$#n'#nt Econo+y

Comprehensive rural development includes not onl a,rarian reform. !t also encompasses a broad spectrum of social4 economic4 human4 cultural4 political and even industrial development.

S#ction 45.$he State shall develop a selfreliant and independent national econom effectivel controlled b ilipinos.

III. In'i#no! C!lt!-al Co++!niti#

$his is a !uide for interpretin, provisions on national econom and patrimon. 0n doubt must be resolved in favor of selfreliance and independence and in favor of ilipinos. 0 petrochemical industr is not an ordinar investment opportuni t4 it is essential to national interest. 8$he approval of the transfer of the plant from Bataan to Batan,as and authori-ation of the chan,e of feedstoc* from naptha onl to naptha and"or LPG do not prove to be advanta,eous to the ,overnment. $his is a repudiation of the in'#$#n'#ntpolic of the ,overnment to run its own affa irs the wa it deems best for natio nal interest.9 8Garcia v. BJ!9

S# ct io n 33 . $he State reco,ni-es and promotes the ri,hts of indi,enous cultural communities within the framewor* of national unit and development. (See Article =I Section 9(1? Article FII, Section 9? Article FI=, Section )? See Cru> ". <7461 Read Province of North Cota#ato v$ 4RP IV. In'#$#n'#nt P#o$l# O-aniationK Vol!nt##-i+ S# c t i o n 3  . $he State shall encoura,e non,overnmental4 communitbases4 or sectoral or,ani-ations that promote the welfare of the nation. (See Article FIII, Sections )9E)H1

$he W$J a,reement does not violate Section %& of 0rticle !!4 nor Sections % and %/ of 0rticle T!!4 because said sections should be read and understood in relation to Sections % and 14 0rticle T!!4 which re;uires the pursuit of a trade polic that @serves the ,eneral welfare and utili-es all forms and arran,ements of e6chan,e on the basis of e;ualit and reciprocit.A 8$anada V. 0n,ara9

$he provision reco,ni-es the principle that volunteerism and participation of non,overnmental or,ani-ations in national development should be encoura,ed.%11

I. P-i(at# S#cto- an' P-i(at# Ent#-$-i#

V. Co++!nication an' In%o-+ation

S#ction 3J.$he State reco,ni-es the indispensable role of the private sector4 encoura,es private enterprise4 and provides incentives to needed investments. Section / of isprivate an ac*nowled,ment of the importance initiative in buildin, the nation. #owever4 it is not a call for official abdication of dut to citi-enr. 8:arine )adio Communications 0ssociation v. )ees9



S#ction 3.$he State reco,ni-es the vital role of communication and information in nationbuildin,. (See Article F=I, Sections )0E))? Article F=III,

Section 31

1##

*ernas &ommentar+, p )%200# ed(.

/5


$he $C is 2ustified to re;uire PLD$ to enter into an interconnection a,reement with a cellular mobile telephone sstem. $he order was issued in reco,nition of the vital role of communications in nationbuildin, and to ensure that all users of the public telecommunications service have access to all other users of service within the Philippines. 8PLD$ v. $C9 VI. Local A!tono+y

S#ction 3B.$he State,overnments. shall ensure the autonom of local (See Article F1 Local autonom under the %&'( Constitution simpl means @decentrali-ationA and does not ma*e the local ,overnments soverei,n within the State or an imperium in imperio. 8Basco v. P0GCJ)9


S#cti on 37.$he State shall maintain honest and inte,rit in public service and ta*e positive and effective measures a,ainst ,raft and corruption. (See Article IFE
Decentrali-ation of administration is merel a dele,ation of administrative powers to the local ,overnment unit in order to broaden the base of ,overnmental powers. Decentrali-ation of power is abdication b the national ,overnment of ,overnmental powers. Even as we reco,ni-e that the Constitution ,uarantees autonom to local ,overnme nt units4 the e6ercise of local autonom remains sub2ect to the power of control b Con,ress and the power of ,eneral supervision b the President. 8+ud,e Dadole v. Commission on 0udit4 //9 VII. E!al Acc# to O$$o-t!niti# S# c t i o n 3 9 . $he State shall ,uarantee e;ual access to opportunities for public service4 and prohibit political dnasties as ma be defined b law. (See Article =II, Section )3? Article FIII, Sections )E 1 P!-$o#. $he thrust of the provision is to impose on the state the obli,ation of ,uaranteein, e;ual access to public office.%15 $here is no constitutional ri,ht to run for or hold public office. What is reco,ni-ed is merel a privile,e sub2ect to limitations imposed b law. Section /= of the Constitution neither bestows such ri,ht nor elevates the privile,e to the level of an

Section /' is self e6ecutor. 8Province of orth CJtabato v. G)P9

6ead 2-7-A, 476I and 46# C#A;A# cases. 666 8%&&= Bar Question9 A law wa $a#' 'i(i'in t)# P)ili$$in# into t)-## -#ion L!on, Viaya an' Min'anao #ac) contit!tin an in'#$#n'#nt tat# #@c#$t on +a tt #-  o% %o -# i n -# la ti on , na ti on al '#%#n# an' national ta@ation, w)ic) a-# (#t#' in t)# C#nt-al Go(#-n+#nt. I t)# law (ali'0 $he law dividin, the Philippines into three re,ions each constitutin, an independent state and vestin, in a central ,overnment matters of forei,n relations4 national defense and national ta6ation is unconstitutional. ←

←

enforceable ri,ht. 8Pamaton, v. CJ:ELEC9 VIII. P!&lic S#-(ic# 1#"

!t violates A-ticl# 4I which ,uarantees the inte,rit of the national territor of the Philippines because it divided the Philippines into three states. !t vio lates S#c tio n 4, A-tic l# IIof the Constitution which provides for the establishment of democratic and republic states b as replacin, it with three states or,ani-ed a confederation.

←

!t violates S#cti on 33, A-ticl# IIof the Constitution4 which4 while reco,ni-in, and promotin, the ri,hts of indi,enous cultural

*ernas &ommentar+, p  %200# ed(.



/7


communities4 provides for national unit and development. ←

←

!t violates S#ction 4B, A-ticl# of the Constitution4 which4 provides for autonomous re,ions in :uslim :indanao and in the cordilleras within the framewor* of national soverei,nt as well as territorial inte,rit of the )epublic of the Philippines. !t violates the o(#-#intyof the )epublic of the Philippines.

Province of North Cotabato v Govern!ent of the Re"#b$ic of the Phi$i""ine% October 1&' 200(' GR 1()*+1 ,ACTSPeace negotiations between the GRP1)* and MIL,1). began in 1996. Formal peace talks between the parties were held in Tripoli, Libya in 2001, the otcome o! which was the "#P$%&LF Tripoli 'greement on Peace (Tri"o$i A/ree!ent 200)1 containing the basic principles and agenda on the !ollowing aspects o! the negotiation* Security 'spect, Rehabilitation 'spect, and Ancestral Domain 'spect. &n 200+, seeral e-ploratory talks were held between the parties in ala Lmpr, eentally leading to the cra!ting o! the dra!t MOAA1) in its !inal !orm, which was set to be signed on 'gst +, 200/. eeral petitions were !iled seeking, among others, to restrain the signing o! the %'$'. Petitions allege, among others, that the proisions o! the %'$' iolate the 3onstittion. The %'$' mentions the 4 3an/%a!oro 4#ri5ica$ Entit65 (78) to which it grants the athority and risdiction oer the 'ncestral omain and 'ncestral Lands o! the angsamoro. The territory o! the angsamoro homeland is described as the land mass as well as the maritime, terrestrial, !lial and allial domains, inclding the aerial domain and the atmospheric space aboe it, embracing the %indanao$ l$Palawan geographic region. The Parties to the %'$' stiplate that* The 78 shall hae risdiction oer all natral resorces within its 4internal waters,5 de!ined as e-tending !i!teen (1+) kilometers !rom the coastline o! the 78 area: The 78 shall also hae 4 territorial waters,5 which shall stretch beyond the 78 internal waters p to the baselines o! the #epblic o! the Philippines (#P) soth east and soth west o! mainland %indanao: ←

Government of the )epublic of the Philippines

:oro !slamic Liberation ront< $he :!L is a rebel ,roup which was established in :arch %&'5 when4 under the leadership of the late Salamat #ashim4 it splintered from the


;ithin these territorial waters, the 78 and the 43entral "oernment5 (sed interchangeably with #P) shall e-ercise 7oint risdiction, athority and management oer all natral resorces. The 78 is !ree to enter into any economic cooperation and trade relations with !oreign contries and shall hae the option to establish trade missions in those contries. ch relationships and nderstandings, howeer, are not to inclde aggression against the "#P. The 78 may also enter into enironmental cooperation agreements. The external de!ense o! the o! 78 the is to3entral remain the dty and obligation "oernment. The 3entral "oernment is also bond to 4take necessary steps to ensre the 78ed agencies o! the ?=. The 78 is to be entitled to participate in Philippine o!!icial missions and delegations !or the negotiation o! border agreements or protocols !or enironmental protection and e@itable sharing o! incomes and reenes inoling the bodies o! water adacent to or between the islands !orming part o! the ancestral domain. The %'$' !rther proides !or the %harin/ o! minerals on the territorial waters between the 3entral "oernment and the 78, in !aor o! the latter, throgh prodction sharing and economic cooperation agreement. The actiities which the Parties are allowed to condct on the territorial waters are enmerated, among which are the e-ploration and tili>ation o! natral resorces, reglat ion o! shipping and !ishing actiities, and the en!orcement o! police and sa!ety measres. The %'$' describes the relationship o! the 3entral "oernment and the 78 as 4 a%%ociative,5 characteri>ed by shared athority and responsibility. 'nd it states that the strctre o! goernance is to be based on e-ectie, legislatie, dicial, and administratie instittions with de!ined powers and !nctions in the 3omprehensie 3ompact. The 78 is granted the power to bild, deelop and maintain its own instittions inclsie o! ciil serice, electoral, !inancial and banking, edcation, legislation, legal, economic, police and internal secrity !orce, dicial system and correctional instittions, the details o! which shall be discssed in the nego tiation o! the comprehensie compact. Paragraph 1 on 3=38PT '= P#&=3&PL8 o! %'$

←

:oro ational Liberation 8:L9 thenofheaded ur :isuari4 on the ,round4ront amon, others4 what b Salamat perceived to be the manipulation of the :L awa from an !slamic basis towards :ar6ist:aoist orientations. ←

:emorandum of 0,reement on 0ncestral Domain



' states* 1. is the birthri ght of allof Moros and o all ItIndigenous peoples Mindana t o identi fy t h ems elv es a n d be accept ed as “B angsamoros ”. The Bangsamoro people refers to those who are natives or srcinal inhabitants of

/=



Mindanao and its adjacent isl ands including alawan and the Sulu archipelago at the time of con!uest or coloni"ation of its descendants whether mixed or of full blood. Spouses and their descendants are classified as Bangsamoro. The freedom of choice of the Indigenous people shall be respected. ISSUE ;hether %'$' is constittional.

Main Opinion, J. arpio!Morales" =o. The %'$' is inconsistent with the 3onstittion and laws as presently worded* The c o nc e "t re c o /ni 9e 5 Con%tit#tion

o f association i % n o t #n5er th e "re % e nt

←

The %'$' wold not comply with 'rticle A ection 20 o! the 3onstittion

←

Artic$e II' Section 22 of the Con%tit#tion !#%t a$%o be a!en5e5 if the %che !e envi %i on e5 in the MOAA i% to be effecte5

←

The %'$' is also inconsistent with #.'. =o. 90+B (The rganic 'ct o! the '#%%) The MOAA i% a$%o incon%i%tent :ith IPRA

←

←

The de!ining concept nderlying the relationship between the national goernment and the 78 being itsel! contrary to the present 3onsti ttion, it is not srprising that many o! the speci!ic proisions o! the %'$' on the !ormation and powers o! the 78 are in con!lict with the 3onstittion and the laws. 'rticle A, ection 1/ o! the 3onstittion proides that 4DtEhe creation o! the atonomos region

8EL-

1.

the spirit animating it C which has betrayed itsel! by its se o! the concept o! association C rns conter to the national soereignty and territorial integrity o! the #epblic.

Even if the UN RIP :ere con%i5ere5 a% "art of the $a: of the $an5 "#r%#ant to Artic$e II' Section 2 of the Con%tit#tion' it :o#$5 not %#ffice to #"ho$5 the va$i5it6 o f th e MOAA % o a% to re n 5e r it % co!"$iance :ith other $a:% #nnece%%ar6 .

Th e co nce"t of association i% not reco/ni9e5 #n5er the "re%ent Con%tit#tion =o proince, city, or mnicipality, not een the '#%%, is recogni>ed nder or laws as haing an 4associatie5 relationship with the national goernment. &ndeed, the concept implies powers that go beyond anything eer granted by the 3onstittion to any local or regional goernment. &t also implies the recognition o! the associated entity as a state. The 3onstittion, howeer, does not contemplate any state in this risdiction other than the Philippine tate, mch less does it proide !or a transitory stats that aims to prepare any part o! Philippine territory !or independence. &t is not merely an e-panded ersion o! the '#%%, the stats o! its relationship with the national goernment being !ndamentally di!!erent !rom that o! the '#%%. &ndeed, 78 is a state in all bt name as it meets the criteria o! a state laid down in the %onteideo 3onention, namely, a permanent poplation, a de!ined territory, a goernment, and a capacity to enter into relations with other states. 8en assming argendo that the %'$' wold not necessarily seer any portion o! Philippine territory,



shall be e!!ectie when approed by a maority o! the otes cast by the constitent nits in a plebiscite called !or the prpose, proided that only proinces, cities, and geographic areas oting !aorably in sch plebiscite shall be inclded in the atonomos region.5

The 34 E i% !or e of a %tatethan an atonomos region. t een assming that it is coered by the term 4atonomos region5 in the constittional proision st @oted, the %'$' wold still be in con!lict with it. ?nder paragraph 2(c) on T8##&T# in relation to 2(d) and 2(e), the present geographic area o! the '#%% and, in addition, the mnicipalities o! Lanao del =orte which oted !or inclsion in the '#%% dring the 2001 plebiscite C Baloi# $unai# %unungan# antar# Tagoloan and Tang&al C are atomatically part o! the 78 withot need o! another plebiscite, in contrast to the areas nder 3ategories ' and  mentioned earlier in the oeriew. That the present components o! the '#%% and the aboe$mentioned mnicipalities oted !or inclsion therein in 2001, howeer, does not render another plebiscite nnecessary nder the 3onstittion, precisely becase what these areas oted !or then was their inclsion in the '#%%, not the 78 . Artic$e II' Sectio n 22 of the Con%tit#tion !#%t a$%o be a!en5e5 if the %che!e envi%ione5 in the MOAA i% to be effecte5 . That constittional proision states* 4The tate recogni>es and promotes the rights o! indigenos cltral commnities within the !ramework o! national nity and deelopment.5 (?nderscoring spplied) 'n associati'e arrangement does not phold national nity. ;hile there may be a semblance o! nity becase o! the associatie ties between the 78 and the national goernment, the act o! placing a portion o! Philippine territory in a stats which, in international practice, has generally been a preparation for independence , is certainly not condcie to nationa$ nity. The MOAA i% a$%o incon%i%tent :ith IPRA &P#',lays down the preailing procedre !or the delineation and recognition o! ancestral domains . The %'$'
/(


angsamoro homeland and historic territory re!er to the land mass as well as the maritime, terrestrial, !lial and allial domains, and the aerial domain, the atmospheric space aboe it, embracing the %indanao$ l$Palawan geographic region.5 &nternational law has long recogni>ed the right to sel!$ determination o! 4peoples,5 nderstood not merely as the enti re poplation o! a tate bt also a portion thereo!. The peopleed the right o! indigenos peoples to sel!$determination, encompassing the right to atonomy or sel!$ goernment. el!$goernment, as sed in international legal discorse pertaining to indigenos peoples, has been nderstood as e@ialent to 4internal sel!$ determination.5 'ssming that the ?= #&P, like the ?niersal eclaration on Jman #ights, mst now be regarded as embodying cstomar y international lawC still, the obligations enmerated therein do not strictly re@ire the #epblic to grant the angsamoro people, throgh the instrmentality o! the 78, the particlar rights and powers proided !or in the %'$'. 8en the more speci!ic proisions o! the ?= #&P are general in scope, allowing !or !le-ibility in its application by the di!!erent tates. There is, !or instance, no re@irement in the ?= #&P that tates now garantee indigenos peoples their own police and internal secrity !orce. &ndeed, 'rticle / prespposes that it is the tate which will proide protection !or indigenos peoples against acts like the !orced dispossession o! their lands C a !nction that is normally per!ormed by police o!!icers. &! the protection o! a right so essential to indigenos people



#eparate Opinion, J. arpio" The incorporation o! the Lmads, and their ancestral domains, into the angsamoro iolates the 3onstittional and legislatie garantees recogni>ing and protecting the Lmads< distinct cltral identities as well as their ancestral domains. The iolation o! these garantees makes the %'$' "atent$6 #ncon%tit#tiona$ The incorporation o! the Lmads, and their ancestral domains, into the angsamoro withot the Lmads< knowledge and consent also iolates 'rticle / o! the (nited %ations Declaration on the Rights of Indigenous eoples. The proisions o! 'rticle / were designed to preent c#$t#ra$ /enoci5e o! indigenos peoples. This will happen i! the Lmads are identi!ied !rom birth as angsamoros and their ancestral domains are absorbed into the ancestral domain o! the angsamoros. I%%#e id respondents iolate constittional and stattory proisions on pblic consltation and the right to in!ormation when they negotiated and later initialed the %'$'K 8e$5Main Opinon , J. arpio!Morales"8. 's regards this isse, the respondents iolated the !ollowing legal proisions* $Artic$e II' Section 2( $'rticle &&& ection H $8-ectie rder =o. G $Local "oernment 3ode IPRA The "o$ic6 of f#$$ "#b$ic 5i%c$o%#re ennciated in aboe$@oted ection 2/ complements the right o! access to in!ormation on matters o! pblic concern !ond in the ill o! #ights. The right to in!ormation garantees the right o! the people to demand in!ormation, while ection 2/ recogni>es the dty o! o!!icialdom to gie in!ormation een i! nobody demands. the e!!ectiity o! the policy o! pblic disclosre need not await the passing o! a statte. IPRA The &33s I&Ps hae, nder the &P#', the right to participate !lly at all leels o! decision$making in matters which may a!!ect their rights, lies and destinies. The %'$', an instrment recogni>ing ancestral domain, !ailed to sti!y its non$compliance with the clear$ct mechanisms ordained in &P#', which entails, among other things, the obserance o! the !ree and prior in!ormed consent o! the &33sI&Ps. The &P#' does not grant the 8-ectie epartment or any goernment agency the power to delineate and recogni>e an ancestral domain claim by mere agreement or compromise. &n proceeding to make a sweeping declaration on ancestral domain, withot complying with the &P#', which is cited as one o! the T# o! the %'$', re%"on5ent% c$ear$6

/'



tran%cen5e5 the bo#n5arie% of their a#thorit6 . (7. 3arpio$%orales)



/&



A. D#%inition o% L#ilati(# Pow#Le,islative power is the authorit to ma*e laws and to alter or repeal them.

LEGISLATIVE DEPARTMENT

OUTLINE OF ARTICLE VI -e!islative Power ()1 II$ Powers of Con!ress ///. Con!ress ( E)01 /V. Privile!es of )em#ers ( ))1

". W)#-# V#t#' Le,islative power is vested in Con,ress e6cept to the e6tent reserved to the people b the provision on initiative and referendum.

←

V. Dut% to Disclose, Dis1ualifications %1( %2( and Prohi#itions ( )E)B1 V/. Internal 4overnment of Con!ress ( )9E)H1 V//. Electoral +ri#unal, CA (II),E)*1 %#( V///. Records and 'oo&s of %"( Accounts ( 01 /7. In1uiries? Oversi!ht function (II C)E

C. Clai%ication o% l#ilati(# $ow#O-iinalle,islative power possessed b the soverei,n people. D#-i(ati(#le,islative power that which has been dele,ated b the soverei,n people to the le,islative bodies. 8Mind of power vested in Con,ress9 Contit!#nt  $he power to amend or revise the constitution O-'ina-y Power to pass ordinar laws. L#ilati(# $ow#- #@#-ci#' &y t)# $#o$l#. $he people4 throu,h the amendator process4 e6ercise constituent power4 and throu,h initiative and referendum4 ordinar le,islative power.

1

7. Emer!enc% Powers ( 31 7/. 'ills? -e!islative Process ( B,H,1

7//.

Power of the Purse?*iscal Powers ( +,*,91 7///. Other Prohi#ited )easures (30E3)1

7/V.

Initiative and Referendum ( 31

D. Sco$# o% L#ilati(# $ow#. Con,ress ma le,islate on an sub2ect matter. 8Vera v. 0velino9 !n other words4 the le,islative power of Con,ress is $l#na-y. E. Li+itation on l#ilati(# $ow#-*

1. 2.

I. LEGISLATIVE POWER Definition of -e!islative Power Where Vested

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a. E"press -imitations ←

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Cormal limitations refer to the procedural reFuir ements to be complied with b+ &ongress in the passage of the bills. %Sinco, Phil. Political Law(

←

←

*ill of
1"1



Bill of )i,hts%5 Jn 0ppropriations%5%

←

S#c ti o n 4. $he Le,islative power shall be vested in the Con,ress of the Philippines which shall consist of a Senate and a #ouse of )epresentatives4 to the reserved to thee6cept people be6tent the provision on initiative and referendum.

Procedural limitations %1&

S!&tanti(# li+itation*

Classification of -e!islative Power Scope of -e!islative power -imitations on -e!islative Power Non:dele!a#ilit% of -e!islative power

Rationale of the Doctrine of Non: dele!a#ilit% Valid dele!ation of le!islative powers Dele!ation of rule:ma&in! power Re1uisites for a valid dele!ation of rule: ma&in! power Sufficient Standards E"amples of Invalid of Dele!ation

Substantive limitations %1'

9o law shall be passed abridging freedom of speech, of epression etc %art. # G"( o 9o law shall be made respecting an establishment of religion %art. # G!( o 9o law impairing the obligation of contracts shall be passed. %art # G10( o 9o e post facto law or bill of attainder shall be enacted. %art. # G22(

:n Appropriations o

&ongress cannot appropriations b+ the President %art. ) G2!( o

increase

%art. ) 2%2(

1


← ←

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← ←

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Jn $a6ation%5/ Jn Constit utional 0ppellate 2urisdiction of SC%51 o law ,rantin, a title of roalt or nobilit shall be enacted 8art. = 1%9 Implied limitations Con,ress cannot le,islate irrepealable laws Con,ress cannot dele,ate le,islative powers onencroachment on powers of other departments

Dele,ation of tariff power to the President Dele,ation of emer,enc powers to the President Dele,ation to LG3?s

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ote< Some commentators include 8a9 dele,ation to the people at lar,e and 8b9 dele,ation to administrative bodies to the e6ceptions.8 See Cru-4 Philippine Political Law p '(4 %&&7 ed.9 #owever4 ! submit this is not accurate. ! submit that le,islative power is not dele,ated to the people because in the first place the are the primar holder of the power the onl dele,ated such power to the Con,ress throu,h the Constitution. 8 See -reamle and Article II Section )9 ote that 0rticle V! Section % does not dele,ate power to the people. !t reserves le,islative power to the people. asm What is dele,ated to administrative bodies is not le,islative power but rulema*in, power or law e6ecution.

P-oc#'!-al li+itation* Jnl one sub2ect $hree readin,s on separate das Printed copies in its final form 1 das before passa,e of the bill. 8art =  /=9 ← ← ←

F. Non'#l#a&ility o% L#ilati(# $ow#Do ct -i n# o% No n ' #l # at io n o% l# il at i( # $ow#-< $he rule is delegata !otestas non !otest delagariEwhat has been dele,ated cannot be dele,ated. $he doctrine rests on the ethical principle that a dele,ated power constitutes not onl a ri,ht but dut to be performed b the dele,ate b the instrumentalit of his own 2ud,ment and not throu,h the intervenin, mind of another.

I. D#l#ation o% -!l#+a8in $ow#- What is dele,ated to administrative bodies is not le,islative power but rulema*in, power or law e6ecution. 0dministrative a,encies ma be allowed either to< ill up the details on otherwise complete statue or

Rational# o% t)# Doct-in# o% Non'#l#a&ility*

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0scertain the facts necessar to brin, a @contin,entA law or provision into actual

Based on the #$a-ation o% $ow#- . 8Wh ,o to the trouble of separatin, the three powers of ,overnment if the can strai,htawa remer,e on their own notion9

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operation. Pow#- o% S!&o-' ina t# L# il ati on. !t is th e authorit of the administrative bod tas*ed b the le,islature to implement laws to promul,ate rules and re,ulations to properl e6ecute and implement laws.

Based on '!# $-oc# o% law . Such precludes the transfer of re,ulator functions to private persons. 0nd4 based on the ma6im4 @'##lata $ot#ta non $ot#t '#l#a-i A meanin, what has been dele,ated alread cannot be further dele,ated.

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Contin#nt L#ilation $he standb authori t ,iven to the President to increase the value added ta6 rate in the V0$ Law4 ).0. &11( was upheld as an e6ample of contin,ent le,islation where the effectivit of the law is made to depend on the verification b the e6ecutive of the e6istence of certain conditions.%55

H. Vali' '#l#ation o% l#ilati(# $ow#- General )ule< Le,islative power cannot be dele,ated E6ceptions<

1"2

!n Gerochi v. DE) %57 the power dele,ated to the Ener, )e,ulator Board to fi6 and impose a universal char,e on electricit endusers was challen,ed as an undue dele,ation of the power to ta6. $he Court said that4 since the purpose of the

:n $aation o

%art. ) G2 and 2%#((

o

%art. 1" G"%#((

1"#

9o law shall be passed increasing the appellate 4urisdiction of the S& without its advice and concurrence %art. ) G#0(



law was not revenue ,eneration but ener, ←

Abakada Guru Party List Officers v. Eecutiv e Secretary! ?.<. 1)0!), September 1, 200!.
←

?.<. 9o. 1!-), ul+ 1-, 200-

1%


re,ulation4 the power involved was more police power than the power to ta6. :oreover the Court added that the power to ta6 can be used for re,ulation. 0s to the validit of the dele,ation to an e6ecutive a,enc4 the Court was satisfied that the dele,atin, law was complete in itself and the amount to be char,ed was made certain b the parameters set b the law itself. :. R#!iit# %o- a (ali' '#l#ation o% -!l#+a8in $ow#- o- #@#c!tion* 8/7 Bar Question9 ←

$he dele,atin, law must be co+$l#t# in it#l% F it must set therein the polic to be carried out or implemented b the dele,ate.

←

$he dele,atin, law must fi6 a !%%ici#nt tan'a-' the limits of which are sufficientl determinate or determinable4 to which the dele,ate must conform in the performance of his functions.

I+$o -t an c# o % P ol ic y. Without a statutor declaration of polic4 the dele,ate would4 in effect4 ma*e or formulate such polic4 which is the essence of ever law. I+$o-tanc# o% Stan'a-'. Without standard4 there would be no means to determine with reasonabl e certaint whether the dele,ate has acted within or beond the scope of his authorit. #ence4 he could thereb arro,ate upon himself the power4 not onl to ma*e law4 but also to unma*e it4 b adoptin, measures inconsistent with the end sou,ht to be attained b the 0ct of Con,ress. 8Pelae- v. 0uditor General9 ←

Stan'a-' eed not be e6plicit :a be found in various parts of the statute :a be embodied in other statutes of the same statute ← ← ←

4. 0 le,islative standard n##' not &# #@$li citor formulated in precise declarator lan,ua,e. !t can be drawn from the declared polic of the law and from the totalit of the dele,atin, statute. 8Jsmena v. Jrbos9 !t can be implied from the poli c and purpose of the law 80,ustin v. Edu9 0 le,islative standard ma &# %o!n' in (a-io! $a-t o% t)# tat!t# . 8$ablarin v. Guttiere-9

←

0 le,islative standard need not be found in the law chal len,ed and +ay &# #+&o'i#' in ot)#tat!# on t)# a+# !&/#ct . 8Chion,baan v Jrbos9

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the ,round that it constituted an undue dele,ation of le,islative power. $here is however a reference to @imminent and ,rave dan,er of a substantive evil< in Section =8c9. Decide. A< $he law provides a precise and sufficient standard4 the clear and present dan,er test in Section =8a9. $he reference to imminent and ,rave dan,er of a substantive evil in Section =8c9 substantiall means the same. 8Baan v. Ermita9 . E@a+$l# o% !%%ici#nt tan'a-' @ecessar or advisable in the public interestA as a standard. Public interest in this case is sufficient standard pertainin, to the issuance or cancellation of certificates or permits. 0nd the term @public interest? is not without a settled meanin,. 8People vs. )osenthal9 @ecessar in the interest of law and orderA as a standard. 0n e6ception to the ,eneral rule4 sanctioned b immemorial practice4 permits the central le,islative bod to dele,ate le,islative powers to local authorities. 8)ubi vs. Provincial Board of :indoro9 @$o promote simplicit4 econom and efficiencA as a standard. 8Cervantes vs. 0uditor General9 @Jf a moral4 educational4 or amusin, and harmless characterA as a standard. 8:utual ilm Co. vs. !ndustrial Commission of Jhio9 @$o maintain monetar stabilit promote a risin, level of production4 emploment and real incomeA as a standard. 8People vs. +ollife9 @0de;uate and efficient instructionA as standard. 8Philippine 0ssociation of Colle,es and 3niversities vs. Sec. of Education. o @+ustice and e;uit and substantial merits of the

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←

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caseA as a standard. $he discretionar power thus conferred is 2udicial in character and does not infrin,e upon the principle of separation of powers the prohibition a,ainst the dele,ation of le,islative function 8!nternational #ardwood and Veneer Co. vs. Pan,il ederation of Labor9 @air and e;uitable emploment practicesA as a standard. $he power of the PJE0 in re;uirin, the model contract is not unlimited as there is a sufficient standard ,uidin, the dele,ate in the e6ercise of the said authorit. 8Eastern Shippin, Lines !nc. vs. PJE09 @0s far as practicableA4 @decline of crude oil prices in the world mar*etA and @stabilit of the peso e6chan,e rate to the 3S dollarA as standards. $he dictionar meanin,s of these words are well settled and cannot confuse men of reasonable intelli,ence. 8#owever4 b considerin, another factor to hasten full dere,ulation4 the E6ecutive Department rewrote the standards set forth in the statute. $he E6ecutive is bereft of an ri,ht to alter either b subtraction or addition the standards set in the statute.9 8$atad vs. Sec of Ener,9

←

←

L. E@a+$l# o% in(ali' '#l#ation 1< Petitioners ;uestioned the ,rant of the powers to maors to issue permits for public assemblies in the Public 0ssembl 0ct on



Where there is no standard that the officials must observe in determinin, to whom to distribute the confiscated carabaos and carabeef4 there is thus o

1/



an invalid dele,ation of le,islative power. 8Rnot v. !0C9 o Where a provision provides that the penalt

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←

would be a fine or % pesos J) imprisonment in the discretion of the court without prescribin, the minimum and ma6imum periods of imprisonment4 a penalt imposed based thereon is unconstitutional. !t is not for the courts to fi6 the term of imprisonment where no points of reference have been provided b the le,islature. 8People v. Dacucu9 Where the statute leaves to the sole discretion of the GovernorGeneral to sa what was and what was not @an causeA for enforcin, it4 the same is an invalid dele,ation of power. $he GovernorGeneral cannot b proclamation4 determin e what act shall constitute a crime or not. $hat is essentiall a le,islative tas*. 83S vs. 0n, $an,9 Where a statute re;uires ever public utilit @to furnish annuall a detailed report of finances and operations in such form and containin, such matter as the Boar d ma4 from time to time4 b order 4 prescribeA4 it seems that the le,islature simpl authori-ed the Board to re;uire what information the Board wants. Such constitutes an unconstitutional dele,ation of le,islative power. 8Compana General de $abacos de ilipinas vs. Board of Public 3tilit Commissioners9

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Power of $a6ation 8art. = /'8194 art. %5 58194 art =4 /&8599 !nvesti,ator Power 8art. = /%9 Jversi,ht function 8art. = //9 Power to declare the e6istence of state of war 8art. = /18%99 Power to act as Board of Canvassers in election of President%5& 8art ( 59 Power to call a special election for President and VicePresident. 8art. ( %9 Power to 2ud,e President?s phsical fitness to dischar,e the functions of the Presidenc 8art. (%%9

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←

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o Where the le,islature has not made the ←

operation 8e6ecution9 of a statute contin,ent upon specified facts or conditions to be ascertained b the provincial board but in realit leaves the entire matter for the various provincial boards to determine4 such constitute an unconstitutional dele,ation of le,islative power. 0 law ma not be suspended as to certain individuals onl4 leavin, the law to be en2oed b others. 8People vs. Vera9

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/9 8%=9 Power of internal or,ani-ation Election of officers Promul,ate internal rules Disciplinar powers 8art.= %=9

o $he authorit to C)E0$E municipal corporations

ote< :embers of Con,ress have immunit from arrest and parliamentar immunit .%7% 8art = %%O%/9

is essentiall le,islative in nature.

II. POWERS OF CONGRESS ← ←

← ← ←

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III. Con-#

In)#-#nt Pow#- E@$-# Pow#-

A. INHERENT POWERS Police power Power of eminent domain Power of ta6ation 859!mplied Powers 8Contempt Power9 %5= EPRESS POWERS Le,islative Power 8art = sec%9 Jrdinar power to pass ordinar laws Constituent%5( power to amend and or revise the Constitution 8/9 Power of the Purse 46 8art. =/79 ←

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Power to of revo*e or of e6tend suspension privile,e the writ habeas corpus or of the declaration of martial law. 8art. ( %'9 Power to concur in Presidential amnesties. Concurrence of ma2orit of all the members of Con,ress. 8art.( %&9 Power to concur in treaties or international a,reements. Concurrence of at least /"1 of all the members of the Senate.8art.( /%9 Power to confirm certain appointments"nominations made b the President 8art.( &4 art.(%=9 Power of !mpeachment 8art.%%/9 Power relative to natural resources %7 8art. %/

Composition of Con!ress 'icameralism v$ >nicameralism Composition of Senate @ualification of Senators

Senators +erm of Office ? Sta!!erin! of +erms Composition of .R @ualification of )em#ers of .R Domicile Propert% @ualification +erm of Office of Representatives Part%:-ist S%stem

-e!islative Districts

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and manner of preparation of bud,et shall be prescribed b law. 8art = /79 $his function is non6legislative. %Pimentel v. oint &ommittee on &ongress. une 22, 200"( Antonio *. 9achura, :utline;
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Page 12 of 200 >P *ar :ps
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Propose amendment to or revision of the &onstitution %art 1G1(&all for a constitutional c onvention %art 1- G#( 9o mone+ shall be paid out of the $reasur+ ecept in pursuance of an appropriation made b+ law. %art ) G2%1(( $he form, content,

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←

Privilege from attest is not given to &ongress as a bod+, but rather one that is granted particularl+ to each individual member of it. %&offin v. &offin, " 3ass 1(

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11



Election Salaries

S# ct io n . o person shall be a senator unless he is a naturalborn citi-en of the Philippines4 and4 on the da of the election4 is at least thirt five ears of a,e4 able to read and write4 a re,istered voter4 and a resident of the Philippines for not less than two ears immediatel precedin, the da of election.

A. Co+$oition o% Con-# $he Con,ress of the Philippines which shall consist of a Senate and a #ouse of )epresentatives. 8art = %9 ". "ica+#-ali+ (. Unica+#-ali+ $he Con, ress of the Philippines is a &ica+#-al & o ' y composed of a Senate and #ouse of

1!ali%ication o% a #natoaturalborn citi-en of the Philippines

)epresentatives4 the first bein, considered as the upper house and the second the lower house.

0t least 17 ears of a,e on the da of the election 0ble to read and write )e,istered voter )esident of the Philippines for not less than / ears immediatel precedin, the da of election. @Jn the da of the electionA means on the da the votes are cast. 8Bernas Primer9

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Advanta!es of >nicameralism. Simplicit of or,ani-ation resultin, in econom and efficienc acilit in pinpointin, responsibilit for le,islation 0voidance of duplication. ←

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←

Advanta!es of 'icameralism$ %. 0llows for a bod with a national perspective to chec* the parochial tendenc of representatives elected b district. 0llows for more careful stud of le,islation ←

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:a*es the le,islature less susceptible

← ←

E. S#nato- T#-+ o% O%%ic# #erm Commencement o% #erm imitation 7%%ect o% =oluntary 6enunciation Staggering o% #erms 6eason %or Staggering

to control b e6ecutive

S#c tio n . $he term of office of the Senators shall be si6 ears and shall commence4 unless otherwise

". Serves as trainin, ,round for national %7/

leaders.

provided b law4 at noon on the thirtieth da of +une ne6t followin, their election. o Senator shall serve for more than two consecutive terms. Voluntar renunciation of the office for an len,th of time shall not be considered as an interruption in the continuit of his service for the full term for which he was elected.

C. Co+$oition o% S#nat# S# c t i o n 3 . $he Senate shall be composed of twentfour senators who shall be elected at lar,e b the ;ualified voters of the Philippines4 as ma be provided b law. El #c t# ' at la - #, -# a on .B providin, for a membership elected at lar,e b the electorate4 this rule intends to ma*e the Senate a trainin, ,round for national leaders and possibl a sprin,board for the Presidenc. $he feelin, is that the senator4 havin, national rather than onl a district constituenc4 will have a broader outloo* of the problems of the countr instead of bein, restricted b parochial viewpoints and narrow interests. With such a perspective4 the Senate is li*el to be more circumspect and broad minded than the #ouse of )epresentatives.%71 D. 1!ali%ication o% a S#nato-

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*ernas, Primer p 22", 200) ed. &ru', Phlippine Political Law.



T#-+. $he term of office of the Senators shall be = ears.

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Co++#nc#+#nt o% t#-+ . $he term of office of the Senators shall commence on %/< noon of +une 1 ne6t followin, their election. 8unless otherwise provided b law9

←

. Li+itati on.0 Senator ma not serve for more than two consecutive terms. #owever4 the ma serve are for not more than two terms provided that the terms consecutive. . E%%#ct o% Vol!nta-y R#n!ncia tion Voluntar . renunciation of office for an len,th of time shall not be considered as an interruption in the

15



continuit of his service for the full term for which he was elected. 8art. =  59 B. Sta#-i n o% T#-+. $he Senate shall not at an time be completel dissolved. Jnehalf of the membership is retained as the other half is replaced or reelected ever three ears. 9. R#aon %o- Sta# -in$he . continuit of the life of the Senate is intended to encoura,e the maintenance of Senate policies as well as ,uarantee that there will be e6perienced members who can help and train newcomers in the dischar,e of their duties. %75 F. Co+$oition o% Ho!# o% R#$-##ntati(#

period of not less than one ear immediatel precedin, the da of the election. 1!ali%ication o% Dit-ict R#$-##ntati(#* aturalborn citi-en of the Philippines 0t least /7 ears of a,e on the da of the election 0ble to read and write 0 re,istered voter in the district in which he shall be elected 0 resident of the district in which he shall be elected for a period not less than % ← ←

← ←

←

ear immediatel precedin, the da of the election. H. Do+icil#

S# c t i o n B . 8%9 $he #ouse of )epresentatives shall be composed of not more than two hundred and fift members4 unless otherwise fi6ed b law4 who shall be elected from le,islative districts apportioned amon, the provinces4 cities4 and the :etropolitan :anila area in accordance with the number of their respective inhabitants4 and on the basis of a uniform and pro,ressive ratio4 and those who4 as provided b law4 shall be elected throu,h a part list sstem of re,istered national4 re,ional4 and sectoral parties or or,ani-ations.

Do+icil# )esidence as a ;ualification means @domicileA. ormall a person?s domicile is his domicile of ori,in. !f a person never loses his or her domicile4 the one ear re;uirement of Section = is not of relevance because he or she is deemed never to have left the place. 8)omualde-:arcos v. CJ:ELEC9 0 person ma lose her domicile b voluntar abandonment for a new one or b marria,e to a husband 8who under the Civil Code dictates the wife?s domicile9. C)an# o% 'o+icil#

Co+$oition. $he compo sition of the #ouse of )epresentatives shall be composed of not more than /7 members unless otherwise fi6ed b law. )epresentatives shall be elected from le,islative districts and throu,h partlist sstem. a9 b9

Districtrepresentatives Partlistrepresentatives

c(

Sectoral

representatives

8these e6isted onl until %&&'9 G. 1!ali%ication o% R#$-##ntati(# S#c ti o n 9. o person shall be a member of the #ouse of )epresentatives unless he is a natural born citi-en of the Philippines and4 on the da of the election4 is at least twentfive ears of a,e4 able to read and write4 and e6cept the part list representatives4 a re,istered voter in the district in which he shall be elected4 and a resident thereof for a 1!"

$o successfull effect a chan,e of domicile4 there must be< Ph%sical Presence)esidence or bodil presence in the new localit 8$he chan,e of residence must be voluntar9

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Animus manendi !ntention to remain in the new localit 8$he purpose to remain in or at the domicile of choice must be for an indefinite period of time9 o Animus non revertendi!ntention to abandon old domicile

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0 lease contract does not ade;uatel support a chan,e of domicile. $he lease does not constitute a clear animus manendi. 8Domino v. CJ:ELEC9 #owever a lease contract coupled with affidavit of the owner where a person lives 4 his marri a,e certificate4 birth certificate of his dau,hter and various letter ma prove that a person has chan,ed his residence. 8Pere- v. CJ:ELEC9 I. P-o$#-ty 1!ali%ication Propert ;ualifications are contrar to the social 2ustice provision of the Constitution. Such will also

&ru', Philippine Political Law.



17


be addin, ;ualifications provided b the Constitution. :. T#-+ o% O%%ic# o% R#$-##ntati(#


4umer o% -artyElist 6e!resentati"es Manner o% Allocating seats %or -arty list re!resentati"es 5uidelines -arties or organi>ations dis'uali%ied Juali%ications o% a !artyElist nominee

S# c t i o n 7 . $he members of the #ouse of )epresentatives shall be elected for a term of three ears which shall be,in4 unless otherwise provided b law4 at noon on the thirtieth da of +une ne6t followin, their election. o member of the #ouse )epresentatives shall serve for more than three consecutive terms. Voluntar renunciation of the office for an len,th of time shall not be considered as an interruption in the continuit of his servi ce for the full term for which he was elected. T#-+ (. T#n!-#.$erm refers to the period durin, which an official is entitled to hold office. $enure refers to the period durin, which the official actuall holds the office.

Section 7. 8/9 $he partlist representatives shall constitute twent per centum of the total number of representatives includin, those under the part list. or three consecutive terms after the ratification of this Constitution4 one half of the seats allocated to partlist representatives shall be filled4 as ma be provided b law4 b selection or election from the labor4 peasant4 urban poor4 indi,enous cultural communities4 women4 outh4 and such other sectors as ma be provided b law4 e6cept the reli,ious sector.

$he term of office of )epresentatives shall be 1 ears. $he term of office of )epresentatives shall commence on %/<noon of +une 1 ne6t followin, their election. 8unless otherwise provided b law9

4. Pa-ty li t Syt# +.8)0 (&5%9 $he partlist sstem is a mechanism of proportional representation in the election of representatives of the #ouse of )epresentatives from national4 re,ional4 and sectoral parties or or,ani-ations or coalitions thereof re,istered with the Commission on Elections.

0 )epresentative ma not serve for more than 1 consecuti"e terms. #owev er4 he ma serve for more than 1 terms provided that the terms are not

R#aon %o- $a-tylit yt#+. !t is hoped that the sstem will democrati-e political power b encoura,in, the ,rowth of a multipart sstem.

consecutive. 8%&&= Bar Question9 W)y t)-# # y#a -0Jne purpose in reducin, the term for three ears is to snchroni-e elections4 which in the case of the Senate are held at three ear intervals 8to elect onehalf of the bod9 and in the case of the President and VicePresident ever si6 ears.%77

3. N!+&#- o% Pa-tylit -#$-##ntati(# C# il in  . @$he part list representatives shall constitute /U of the total number of representatives.A Section 78/9 of 0rticle V! is not mandator. !t merel provides a ceilin, for partlist seats in Con,ress. 8Veterans ederation Part v. CJ:ELEC B00$ v. CJ:ELEC9

Vol!nta-y -#n!nciation o% o%%ic# for an len,th of time shall not be considered as an interruption in the continuit of his service for the full term for which he was elected. A &a n ' on +#n t o% Dimaporo. $he case of
No. of seats available to legislative district

.

9umber of seats available to part+6  !."! #list representatives

.0

$he filin, of CJC is not constitutive of voluntar renunciation. 8 /arinas ". 78ecuti"e Secretary? Juinto ". CM77C,
. Mann#- o% Allocatin S#at %o- Pa-ty Lit R#$-##ntati(#

&ru', Philippine Political law.



1=



$he Constitution left to Con,ress the determination of the manner of allocatin, the seats for partlist representatives. Con,ress enacted R.A. 754. P-oc#'!-# in Allocation o% S#at %o- Pa-tyLit R#$-##ntati(# Un'#- S#ction 44 o% RA 754* %. $he parties4 or,ani-a tions and coalitions shall be ran*ed from hi,hest to the lowes t based on the number of votes the ,arnered durin, the elections.

2.

$he

parties4

or,ani-ations4

and

coalitions receivin, at least two percent 8/U9 of the total votes cast for the partlist sstem shall be entitled to one ,uaranteed seat each.%7=

#.

$hose

,arnerin,

more than

two

percent 8/U9 of the sufficient num#er of votes shall be entitled to additional seats in proportion to their total number of votes until all the additional seats are allocated$ 8changed !art was declared unconstitutional y ;A4A# ". CM77C1)9 5. Each part4 or,ani-ation4 or coalition shall be entitled to not more than three 819 seats. Veternas Doctrine 2Old3 $he /U threshold re;uirement and the 1 seatlimit provided in )0 (&5% are valid. Con,ress was vested with broad power to define and prescribe the mechanics of the partlist sstem of representation. Con,ress wanted to ensure that onl those parties4 or,ani-ations and coalitions havin, sufficient number of constituents deservin, of representation are actuall represented in Con,ress. 8Veterans ederation Part v. CJ:ELEC9 'ANA+ Doctrine 2
threshold in the distribution of the additional seats frustrates the attainment of the permissive ceilin, that /U of the members of the #ouse of )epresentatives shall consist of partlist representatives. 8B00$ v. Comelec4 G.). o. %(&/&74 0pril /%4 /&9 !n other words4 the two percent threshold in relation to the distribution of the additional seats presents an unwarranted obstacle to the full implementation of Section 78/94 0rticle V! of the Constitution and prevents the attainment of the @broadest possible representation of part4 sectoral or ,roup interst in the #ouse of )epresentatives.A 8B00$ v. Comelec4 G.). o. %(&/&74 0pril /%4 /&9 . G!i'#lin# on w)at o-aniation +ay a$$ly in t)# $a-tylit yt#+ < 8%9 $he parties or or,ani-ations must represent the mar,inali-ed and underrepresented in Section 7 of )0 (&5% Political parties who wish to participate must compl with this polic $he reli,ious sector ma not be represented $he part or or,ani-ation must not be dis;ualified under Section = of )0 (&5% $he part or or,ani-ation must not be an ad2unct of or a pro2ect or,ani-ed or an entit funded or assisted b the ,overnment !ts nominees must li*ewise compl with the re;uirements of the law $he nominee must li*ewise be able to contribute to the formulation and enactment of le,islation that will benefit the nation. 80n, Ba,on, Baani v. CJ:ELEC4 +une /=4 /%9 ←

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. Pa-ti# o- o-aniation 'i!ali%i#' $he CJ:ELEC ma motu propio or upon verified complaint of an interested part4 remove or cancel after due notice and hearin, the re,istration of an national4 re,ional or sectoral part4 or,ani-ation or coalition on an of the followin, ,rounds< !t is a reli,ious sect or denomination4 or,ani-ation or association or,ani-ed for reli,ious purposes !t advocates violence or unlawful means to see* its ,oal !t is a forei,n part or or,ani-ation !t is receivin, support from an forei,n ,overnment4 forei,n political part4 foundation4 or,ani-ation4 whether directl or throu,h an of its offi cers or members or indirectl throu,h third parties for partisan election purposes !t violates or fails to compl with laws4 rules or re,ulations relatin, to elections. !t declares untruthful statements in its petition !t has ceased to e6ist for at least one 8%9 ear !t fails to participate in the last two 8/9 precedin, elections or fails to obtain at least

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1!)

$he percentageof votes garnered b+ each part+6list candidate is arrived at b+ dividing the number of votes of each part+ b+ the total number of votes cast for part+6list candidates. %*A9A$ v. &:38L8&( 1!$here are two steps in the second round of seat allocation. "irst, the percentageis multiplied b+ the remaining available seats %which is the difference between the maimum seats reserved under the part+6list s+stem and the guaranteed seats of the two6percenters. whole integer of seats the product of the percentage and of the $he remaining available corresponds to a part+Hs share in the remaining available seats. Second, we assign one seat to each of the parties net in ran5 until all available seats are completel+ distributed. %*A9A$ v. &:38L8&( I sweat, I bleed, I soar…


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1(


two per centum 8/U9 of the votes cast under the partlist sstem in the two 8/9 precedin, elections for the constituenc in which it has re,istered.

An! -adlad v$ CO)E-EC, April =,
/acts: Ang adlad is an organi>ation com!osed o% men and women who identi%y themsel"es as lesians, gays, ise8uals, or transEgendered indi"iduals (5;#s1. Ang adlad argued that the 5;# community is asector marginali>ed underEre!resented that andis !articularly disad"antaged ecause o% their se8ual orientation and negati"e societal attitudes, 5;#s are constrained to hide their se8ual orientation. Ang adlad a!!lied %or registration with CM77C, ut the latter re%used to accredit the %ormer as a !arty list organi>ation ased on moral grounds. According to the CM77C Chairman, the !arty list system is not a tool to ad"ocate tolerance and acce!tance o% misunderstood !ersons or grou! o% !ersons. Issue: Should Ang adlad e granted accreditationK 6uling: Les. Ang adlad com!lies with the re'uirement o% the Constitution and 6A *B). #he enumeration o% marginali>ed and underE re!resented sectors is not e8clusi"e. Ang adlad su%%iciently demonstrated its com!liance with the legal re'uirements %or accreditation. CM77C has not identi%ied any s!eci%ic o"er immoral act !er%ormed y Ang adlad. B. 1!ali%ication o% a $a-tylit no+in## in RA 754* aturalborn citi-en of the Philippines )e,istered Voter )esident of the Philippines for a period of not less than % ear immediatel precedin, the da of election 0ble to read and write

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0which bona he fidesee*s member of the part or,ani-ation to represent for or at least & das precedin, the da of election 0t least /7 ears of a,e. 80n, Ba,on, Baani v. CJ:ELEC9




Political Pa-ti#.Political parties ma participate in the partlist sstem 8as lon, as the compl with the ,uidelines in Section 7 of )0 (&5%.9 80n, Ba,on, Baani v. CJ:ELEC9 :a2or political parties are disallowed from participatin, in partlist elections. 8B00$ v. CJ:ELEC4 G.). o. %(&/&74 0pril /%4 /&9 Section % of )0 (&5% provides that the votes cast for a part which is not entitled to be voted for the partlist sstem should not be counted. $he votes the obtained should be deducted from the canvass of the total number ofBaani votes cast partlist sstem. 80n, Ba,on, v. for the CJ:ELEC9 R#liio! #cto- (. R#liio! l#a'#-. $here is a prohibition of reli,ious sectors. #owever4 there is no prohibition from bein, elected or selected as sectoral representatives. L. L#ilati(# Dit-ict A!!ortionment 6eason %or the 6ule 6ea!!ortionment 5errymandering A'uino ". CM77C (A!ril , 0)01 Section 7 819 Each le,islative district shall comprise4 as far as practicable4 conti,uous4 compact and ad2acent territor. Each cit with a population of at least two hundred fift thousand4 or each province4 shall have at least one representative. 859 W ithin three ears followin, the return of ever census4 the Con,ress shall ma*e a reapportionment of le,islative districts based on the standards provided in this section. 4. A$$o-tion+#nt Le,islative districts are apportioned amon, the provinces4 cities4 and the :etropolitan :anila area. Le,islative districts are apportioned in accordance with the number of their respect inhabitants and on the basis of a uniform and pro,ressive ratio. 8art. =  79 Each cit with a population of at least /74 shall have at least one representative. Each province representative.

shall

have

at

least

one

$he ;uestion of the validit of an apportionment law is a 2usticiable ;uestion. 8:acias v. Comelec9

1'



3. R#ao n %o- t)# -!l# $he . underlin, principle behind the rule for apportionment 8that representative districts are apportioned amon, provinces4 cities4 and municipalities in accordance with the numer o% their res!ecti"e inhaitants, and on the asis o% a uni%orm and !rogressi"e ration.&1 is th e conc#$t o% #!ality o% -#$-# #nta tion which is a basic principle of republicanism. Jne man?s vote should carr as much wei,ht as the vote of ever other man.

!n short4 the constitutional @ standardsA in the apportionment of le,islative districts under Section 7 of 0rticle V!4 as far as population is concerned4 are< 8%9 proportional representation 8/9 a minimum @!o!ulation o% at least two hundred %i%ty thousandA per le,islative district 819 pro,ressive ratio in the increase of le,islative districts as the population base increases and 859 uniformit in the apportionment of le,islative districts in @ !ro"inces, cities, and the Metro!olitan Manila area.A

Section 7 provides that the #ouse shall be composed of not more than /7 members unless

$he directive in Section 7819 of 0rticle V! that @each province4 shall have at least one representativeA

otherwise provided b law. $hus4 Con,ress itself ma b law increase the composition of the #). 8$obias v. 0balos9

means onl that must whenalso a province is with created4 a le,islative district be created it. Can this district have a population below /74 $o answer in the affirmative is to i,nore the constitutional mandate that districts in provinces be apportioned @in accordance with the number of their respective inhabitants4 and on the basis of a uniform and pro,ressive ratio.A 80;uino v. CJ:ELEC4 G) o. %'&(&1 0pril (4 /%9

When one of the municipalities of a con,ressional district is converted to a cit lar,e enou,h to entitle it to one le,islative district4 the incidental effect is the splittin, of district into two. $he incidental arisin, of a new district in this manner need not be preceded b a census. 8$obias v. 0balos9 . R#a$$o-tion+#nt )eapportionment can be made thru a special law. 8:ariano v. CJ:ELEC9

M. El#ction )e,ular Election Special Election

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Correction of imbalance as a result of the increase in number of le,islative districts must await the enactment of reapportionment law. 8:onte2o v. CJ:ELEC9

S#ction 6.3nless otherwise provided b law4 the re,ular election of the Senators and the :embers of the #ouse of )epresentatives shall be held on the second :onda of :a.

. G#--y+an'#-in Gerrmanderin, is the formation of one le,islative district out of separate territories for the purpose of favorin, a candidate or a part.

R#!la- #l#ction 0 person holdin, office in the #ouse must ield his or her seat to the person declared b the CJ:ELEC to be the winner. $he Spea*er shall administer the oath to the winner. 8Codilla v. De Venecia9

Gerrmanderin, is not allowed. $he Constitution provides that each district shall comprise4 as far as practicable4 conti,uous4 compact and ad2acent territor.

Di!ali%i#' ;winn#-? $he Court has also clarified the rule on who should assume the position should the candidate who received the hi,hest number of votes is dis;ualified. $he second in ran* does not ta*e his place. $he reason is simple< @!t is of no moment that there is onl a mar,in of (=' votes between protestant and protestee. Whether the mar,in is ten or ten thousand4 it still remains that protestant did not receive the mandate of the ma2orit durin, the elections. $hus4 to proclaim him as the dul elected representative in the stead of protestee would be anathema to the most basic precepts of republicanism and democrac as enshrined within our Constitution.A%7'

B. A!ino (. COMELEC 3J4J Main O$inion 4 +. Pere-< 0 population of /74 is not an indispensable constitutional re;uirement for the creation of a new le,islative district in a province. 80;uino v. CJ:ELEC4 G) o. %'&(&1 0pril (4 /%9 Di#ntin O$inion 4 +. Carpio< 0lthou,h te6tuall relatin, to cities4 this minimum population re;uirement applies e;uall to le,islative districts apportioned in provinces and the :etropolitan :anila area because of the constitutional command that @le,islative districts Hshall beI apportioned amon, the provinces, cities4 and the :etropolitan :anila area in accordance with the numer o% their res!ecti"e inhaitants4 and on the asis o% a uniform and !rogressi"e ratio.A 1!



Ocampo v. #$ET!?.<. 9o. 1!")). une 1!, 200".

1&



S#ction 5.!n case of vacanc in the Senate or in the #ouse of )epresentatives4 a special election ma be called to fill such vacanc in the manner prescribed b law4 but the Senator or :ember of the #ouse of )epresentatives thus elected shall serve onl for the une6pired term. S$#cial #l#ction 0 special election to fill in a vacanc is not mandator.

the #ouse of )epresentatives approvin, such increase. 4. W)#n inc-#a# +ay ta8# #%%#ct. o increase in the salaries of Senators and )epresentatives shall ta*e effect until after the e6piration of the full term of all the members of the Senate and #ouse of )epresentatives. 3. R#aon %o- t)# '#lay#' #%%#ct o% inc-#a#' ala-y. !ts purpose is to place a @le,al bar to the le,islators? ieldin, to the natural temptation to increase their salaries. 8P#!LCJS0 v. :atha9

!n a special election to fill a vacanc4 the rule is that a statute that e6pressl provides that an election to fill a vacanc shall be held at the ne6t ,enera l elections4 fi6es the date at which the special election is to be held and operates as the call for that election. Conse;uentl4 an election held at the time thus prescrib ed is not invalidated b the fact that the bod char ,ed b law with the dut of callin, the election failed to do so. $his is because the ri,ht and dut to hold the elect ion emana te from the statue and not from an call for election b some authorit and the law thus char,es voters with *nowled,e of the time and place of the election. 8$olentino v. CJ:ELEC9

. E+ol!+#nt.Bernas submits that4 b appealin, to the spirit of the prohibition4 the provision ma be read as an absolute ban on an form of direct or indirect increase of salar 8li*e emoluments9. . Allo wanc# .0 member of the Con,ress ma receive office and necessar travel allowances since allowances ta*e effect immediatel. or is there a le,al limit on the amount that ma be appropriated. $he onl limit is moral4 because4 accordin, to Section /4 the boo*s of Con,ress are audited b the Commission on 0udit >which shall publish annuall an itemi-ed list of amounts paid and e6penses incurred for each :ember.%7&

S$#cial El#ction R.A. 99B o special election will be called if vacanc occurs< at least ei,hteen 8%'9 months before the ne6t re,ular election for the members of the Senate ←

IV. PRIVILEGES OF MEM"ERS

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an' '#&at#

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at leastelection one 8%9 members ear before the ne6t re,ular of Con,ress $he particular #ouse of Con,ress where vacanc occurs must pass either a resolution if Con,ress is in session or the Senate President or the Spea*er must si,n a certification4 if Con,ress is not in session4 declarin, the e6istence of vacanc callin, for a special election to be held within 57 to & das from the date of the resolution or certification.

S#ction 44.0 Senator or :ember of the #ouse of )epresentatives shall4 in all offenses punishable b not more than si6 ears imprisonment4 be privile,ed from arrest while the Con,ress is in session. o member shall be ;uestioned nor be held liable in an other place for an speech or debate in the Con,ress or in an committee thereof.

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P-i(il## %-o+ A--#t Pa-lia+#nta-y %-##'o+ o% $##c)

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$he Senator or representative elected

shall serve onl for the une6pired term. N. Sala-i# hen increase may take e%%ect 6eason %ro the delayed e%%ect o% increased salary 7moluments Allowances S#ction 4J.$he salaries of Senators

A. P-i(il## %-o+ A--#t Pa-lia+#nta-y I++!nity o% A--#t -ri"ilege -ur!ose Sco!e imitations -ri"ilege is -ersonal #rillanes Case

and :embers of #ouse of )epresentatives shallthe be determined b law. o increase in said compensation shall ta*e effect until after the e6piration of the full term of all the members of the Senate and

4. P-i(il ##.0 member of Con,ress is privile,ed from arrest w)il# Con-# i in #ionin all o%%#n#8criminal or civil9 not punishable b more than = ears imprisonment. 1!


*ernas &ommentar+, p-00.

5




3 . P ! - $ o  # . Privile,e is intended to ensure representation of the constituents of the member of Con,ress b preventin, attempts to *eep him from attendin, sessions.%= Sc o$ #. Parliamentar immunit onl includes the immunit from arrest4 and not of bein, filed suit.

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Li+itation on Pa-lia+#nta-y I++!nity

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Crime has a ma6imum penalt of not more than = ears Con,ress is in session4 whether re,ular or special Prosecution will continue independent of arrest Will be sub2ect to arrest immediatel when Con,ress ad2ourns.

W)il# in #ion.$he privile,e is available @while the Con,ress is in session4A whether re,ular or special and whether or not the le,islator is actuall attendin, a session. @SessionA as here used does not refer to the datoda meetin,s of the le,islature but to the entire period from its initial convenin, until its final ad2ournment. %=% #ence the privile,e is not available while Con,ress is in recess. W) y no t a( ai la &l # '! -i n -# c# Since . the purpose of the privile,e is to protect the le,islator a,ainst harassment which will *eep him awa from le,islative sessions4 there is no point in e6tendin, the privile,e not in session.to the period when the Con,ress is B. P-i(il# # i $#-o nal. Privile,e is personal to each member of the le,islature4 and in order that its benefits ma be availed of4 it must be asserted at the proper time and place otherwise it will be considered waived.%=/ P-i(il ## not -ant #' to Con -#  &!t to it +#+&#- . Privile,e from arrest is not ,iven to Con,ress as a bod4 but rather one that is ,ranted particularl to each individual member of it. 8Coffin v. Coffin4 5 :ass %9%=1 Privile,e is reinforced b 0rticle %57 of the )evised Penal Code=iolation o% -arliamentary Immunity. Not#* $he provision sas $-i(il## %-o+ a--#t  it does not sa privile,e from detention.

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&ru', Philippine Political Law. &ru', Philippine Political Law. th

Sinco, Philippine Political Law, p. 1-, 10 ed.

Q< Con,ressman +alos2os was convicted for rape and detained in prison4 as*s that he be allowed to attend sessions of the #ouse. 0< :embers of Con,ress are not e6empt from detention for crime. $he ma be arrested4 even when the #ouse in session4 for crimes punishable b a penalt of more than si6 months. Q< Con,ressman T was convicted for a crime with a punishment of less than = ears. #e as*s that he be allowed to attend sessions of the #ouse contendin, that the punishment for the crime for which he was convicted is less than = ears. 0< ! submit that Con,ressman T can be detained even if the punishment imposed is less than = ears. $he provision onl spea*s of privile,e from arrest. !t does not spea* of e6emption from servin, sentence after conviction. :embers of Con,ress are not e6empt from detention for crime.asm Q< Can the Sandi,anbaan order the preventive suspension of a :ember of the #ouse of )epresentatives bein, prosecuted criminall for violation of the 0ntiGraft and Corrupt Practices 0ct 0< Res. !n -aredes ". Sandiganayan4 the Court held that the accused cannot validl ar,ue that onl his peers in the #ouse of )epresentatives can suspend him because the courtordered suspension is a preventive measure that is different and distinct from the suspension ordered b his peers for disorderl behavior which is a penalt. 9. T-illan# Ca# 8+une /(4 /'9 !n a unanimous decision penned b +ustice Carpio :orales4 the SC en banc 2un*ed Senator 0ntonio $rilla nes? petition see*in, that he be allowed to perform his duties as a Senator while still under detention. SC barred $rillanes from attendin, Senate hearin,s while has pendin, cases4 affirmin, the decision of :a*ati +ud,e Jscar Pimentel. $he SC reminded $rillanes that @election to office does not obliterate a criminal char,eA4 and that his electoral victor onl si,nifies that when voters elected him4 the were alread full aware of his limitations. $he SC did not find merit in $rillanes? position that his case is different from former representative )omeo +alos2os4 who also sou,ht similar privile,es before when he served as amboan,a del orte con,ressman even while in detention. Quotin, parts of the decision on +alos2os4 SC said that @allowin, accusedappellant to attend con,ressional sessions and committee meetin,s five das or more a wee* will virtuall ma*e him a free manK Such an aberrant situation not onl elevates accused appellant?s status to that of a special class4 it would be a moc*er of the purposes of the correction sstem.A $he SC also did not bu $rillanes? ar,ument that he be ,iven the same liberal treatment accorded to certain detention prisoners char,ed with nonbaila ble offenses4 li*e former President +oseph Estrada and former 0utonomous )e,ion in

Sinco, Philippine Political Law, p. 1-, 10th ed.



5%



:uslim :indanao 80)::9 ,overnor ur :isuari4 sain, these emer,enc or temporar leaves are under the discretion of the authorities or the courts handlin, them. $he SC reminded $rillanes that he also benefited from these @temporar leavesA ,iven b the courts when he was allowed to file his candidac and attend his oathta*in, as a senator before. $he SC also believes that there is a @sli,ht ris*A that $rillanes would escape once he is ,iven the privile,es he is as*in,4 citin, the Peninsula :anila incident last ovember.

$o enable and encoura,e a representative of the public to dischar,e his public trust with firmness and success for it is indispensabl necessar that he should en2o the fullest libert of speech and that he should be protected from resentment of ever one4 however4 powerful4 to whom the e6ercise of that libert ma occasion offense. 8Jsmena V. Pendatun cited in Pobre v. Defensor Santia,o4 /&9

". P-i(il## o% S$##c) an' D#&at# 6e'uirements -ur!ose

. Sco$#*495 8%9 $he privile,e is a protection onl a,ainst forums other than the Con,ress itself.

Sco!e 4ot Asolute -ri"ilege

8Jsmena v. Pendatun9 8/9 @Speech or debateA includes utteranc es made in the performance of official functions4 such as speeches delivered4 statements made4 votes cast4 as well as bills introduced and other acts done in the perfo rmance of official duties. 8+imene- v. Caban,ban,9

;$ Isa!ani Cru0* 3 R#!i-#+#nt %o- t)# $-i(il## to &# a(ail#' o%* %. $hat the remar*s must be made while the le,islature or the le,islative committee is functionin,4 that is in session %=5 (See +imene- v. Caban,ban,9 /. $hat the must be made in connection with

%#( $o come under the privile,e4 it is not essential that the Con,ress be in session when the utterance is made. What is essential is that the utterance must constitute @l#ilati(# action A4 that is4 it must be part of the deliberative and communicative process b which le,islators participate in committee or con,ressional proceedin,s in the consideration of proposed le,islation or of other matters which the Constitution has placed within the 2urisdiction of Con,ress. 8Gravel v. 3S9

%=7

the dischar,e of official duties.

"!t wait0s re,ards )e;uirement % provided b Cru-4 Bernas Primer provides< to come under the privile,e4 it is not essential that the Con,ress be in session when the utterance is made. What is essential is that the utterance must constitute @le,islative action.A %== Libelous remar*s not in e6ercise of le,islative function shall not be under privile,e of speech.

%"( $he

privile,e e6tends to a,ents of assemblmen provided that the @a,encA

$o invo*e the privile,e of speech4 the matter must be oral and must be proven to be indeed privile,ed.

consists precisel in assistin, the le,islator in the performance of @le,islative actionA 8Gravel 3S9

←

P-i(il## not a&ol!t#. $he rule provides that the le,islator ma not be ;uestioned @in an other place4A which means that he ma be called to account for his remar*s b his own collea,ues in the Con,ress itself and4 when warranted4 punished

←

3. P! -$ o #. !t is intended to leave le,islator unimpeded in the performance of his duties and free form harassment outside. %=( Privile,e of speech and debate enables the le,islator to e6press views bearin, upon the public interest without fear of accountabilit outside the halls of the le,islature for his inabilit to support his statements with the usual evidence re;uired in the court of 2ustice. !n other words4 he is ,iven more leewa than the ordinar citi-en in the ventilation of matters that ou,ht to be divul,ed for the public ,ood.%='

←

for @disorderl behavior.A%( B. Pa-lia +#n ta-y F-# #'o + o% S$##c) ( SC Pow#- to Dici$lin# Fa ct * Senator :iriam DefensorSantia,o made this speech on the Senate floor. @ 8 8 8 I am not angry. I am irate. I am %oaming in the mouth. I am homicidal. I am suicidal. I am humiliated, deased, degraded. And I am not only that, I %eel like throwing u! to e li"ing my middle years in a country o% this nature. I am nauseated. I s!it on the %ace o% Chie% 2ustice Artemio -anganian and his cohorts in the Su!re me Court, I am no longer interested in the !osition o% Chie% 2usticeN i% I was to e surrounded y idiots. I would rather e in

&ru', Philippine Political Law p. 11) %1! ed.( See $imene% v.

Cabangbang. ←

←

←

←

&ru', Philippine Political Law p. 11) %1! ed.(. *ernas Primer, p. 2"! %200) ed.( *ernas Primer, p. 2"! %200)(. &ru', Philippine Political Law.

←

←



*ernas Primer, p. 2"! %200) ed.( &ru', Philippine Political Law See :smena v. Pendatun.

5/


another en"ironment ut not in the Su!reme Court o% idiots 8 8 8. $ Pobre as*s that disbarment proceedin,s or other disciplinar actions be ta*en a,ainst the lad senator. I !#* :a Senator Santia,o be disbarred or be imposed with disciplinar sanction for her intemperate and hi,hl improper speech made on the senate floor H#l '* o. 0 lawersenator who has crossed the limits of decenc and ,ood professional conduct b ,ivin, statements which were intemperate and hi,hl improper with in substance ma not be disbarred or be imposed disciplinar sanctions b the Supreme Court. !t is true that parliamentar immunit must not be allowed to be used as a vehicle to ridicule4 demean4 and destro the reputation of the Court and its ma,is trates4 nor as armor for personal wrath and dis,ust. #owever4 courts do not interfere with the le,islature or its members in the manner the perform their functions in the le,islative floor or in committee rooms. 0n claim of an unworth purpose or of the falsit and mala fides of the statement uttered b the member of the Con,ress does not destro the privile,e. $he disciplinar authorit of the assembl and the voters4 not the courts4 can properl discoura ,e or correct such abuses committed in the name of parliamentar immunit. 8Pobre v. DefensorSantia,o4 /&9 V. DUTY TO DISCLOSEK PROHI"ITIONS

← ←

Dut% to Disclose Prohi#itions

A. D!ty to 'iclo# S#c ti o n 43 . 0ll members of the Senate and the #ouse of )epresentative shall4 upon assumption of office4 ma*e a full disclosure of their financial and business interests. $he shall notif the #ouse concerned of a potential conflict of interest that ma arise from the filin, of a proposed le,islation of which the are authors. $his provision spea*s of dut to disclose the followin,< ←

←

F i na n ci a l an ' &! i n #  i nt # -# tu!on assum!tion o% o%%ice Pot#ntial con%li ct o% int#-#t that ma arise from filin, of a !ro!osed legislation o% which they are authors.




". P-o)i&ition Di!ali%ication an' In)i&ition -rohiitions
-rohiitions on lawyerE legislators Con%lict o% interests
S#c tio n 4. o Senator or :ember of the #ouse of )epresentatives ma personall appear as counsel before an court of 2ustice or before the Electoral $ribunals4 or ;uasi2udicial and other administrative bodies. either shall he4 directl or indirectl4 be interested financiall in an contract with4 or in an franchise or special privile,e ,ranted b the Government4 or an subdivision4 a,enc or instrumentalit thereof4 includin, an ,overnmentowned or controlled corporation4 or its subsidiar4 durin, his term of office. #e shall not intervene in an matter before an office of the Government for his pecuniar benefit or where he ma be called upon to act on account of his office. 4. P-o)i&ition*
%1(

To )o l ' an y o t) # - o% %i c# o #+$loy+#nt in the ,overnment4 or an subdivision4 a,enc4 or instrumentalit thereof4 includin, ,overnmentowned or controlled corporation or their subsidiaries '! -i n )i t#- + without forfeitin, his seat. 8!ncompatible office9 %2( To &# a$$oint#' to any o%%ic# which ma have been created or the emoluments thereof increased durin, the term for which he was elected. 8orbidden office9 -rohiitions on lawyerElegislators

51



from office who have been concerned in creatin, them or increasin, the emolu ments are to ta*e awa as far as possible4 an improper bias in the vote of the repre sentative and to secure to the constituents some solemn pled,e of his disinterestedness.%(7

%#( To $#-onally a$$#a- a

co!n#l before an court of 2ustice or before the Electoral $ribunals4 or ;uasi2udicial and other administrative bodies. Con%lict o% Interests

%"( To &# int#-#t#' %inancially 4 directl or indirectl4 in an cont-actwith4 or in an %-anc)i# or s pecial $-i(il## ,ranted b the Government4 or an subdivision4 a,enc or instrumentalit thereof4 includin, an ,overnmentowned or controlled corporation4 or its subsidiar4 '!-in )i t#-+ o% o%%ic# .

Sco$# o% $-o )i&iti on.$he provision does not appl to elective offi ces4 which are filled b the voters themselves.

%!( To

term for which he was elected4 when such office was created or its emoluments were increased. 0fter such term4 and even if the le,islator is re elected4 the dis;ualification no lon,er applies and he ma therefore be appointed to the office. %(=

$he appointment of the member of the Con,ress to the forbidden office is not allowed only durin, the

int#-(#n# in any +att#before an off ice of the Government %o - )i  $#c !n ia- y &#n #%i tor int#-(#n# in any +a t t # - before an office of the Government where he ma be called upon to act on account of his office. See Section )0

. -rohiition on lawyer legislators.

←

←

P!-$o#. $he purpose is to prevent the le,islator from e6ertin, undue influence4 deliberatel or not4

upon the bod where he is appearin,. %((

Incom!atile %%ice P ! - $ o  # . $he purpose of prohibition of incompatible offices is to prevent him from owin, loalt to another branch of the ,overnment4 to the detriment of the independence of the le,islature and the doctrine of separation of powers. 3 in' o% O%%ic# !n'#- A-ticl# 4 !ncompatible office 8% st sentence of article %19 orbidden office 8/nd sentence of article %19

Not a #n!i n# $a-t y to a ca #. 0 con,ressman ma not bu a nominal account of share s in a corporation which is part to a suit before the SEC and then appear in @interventionA. $hat which the Constitution directl prohibits ma not be done b indirection. 8Puat v. De Gu-man9

←

P-o)i&ition i $#-onal. !t does not appl to law firm where a lawerCon,ressman ma be a %(' member. $he lawerle,islator ma still en,a,e in the practice of his profession e6cept that when it come to trials and hearin,s before the bodie s above mentioned4 appearance ma be made not b him but b some member of his law office.%(&

←

P-o)i&ition not a&ol!t#. $he prohibition a,ainst the holdin, of an incompatible office is not absolute what is not allowed is the simultaneous holdin, of that office and the seat in Con,ress. %(% #ence4 a member of Con,ress ma resi,n in order to accept an appointment in the ,overnment before the e6piration of his term. %(/

Pl#a'in.0 con,ressman cannot si,n pleadin,s Has counsel for a clientI 8Ville,as case9

W)#n o%%ic# not inco+$a ti&l# ot . ever other office or emploment is to be re,arded as incompatible with the le,islative position. or4 e6ample4 membership in the Electroral $ribunals is permitted b the Constitution itself. :oreover4 if it can be shown that the second office is an e6tension of the le,islative position or is in aid of le,islative duties4 the holdin, thereof will not result in the loss of the le,islator?s seat in the Con,ress.%(1

. Con%lict o% Interests

/inancial Interest P!-$o#.$his is because of the influence the can easil e6ercise in obtainin, these concessions. $he idea is to prevent abuses from bein, committed b the members of Con,ress to the pre2udice of the public welfare and particularl of le,itimate contractors with the ,overnment who otherwise mi,ht be placed at a disadvanta,eous position "isE OE"is the le,islator.

/oridden %%ice. P!-$o#. $he purpose is to prevent traffic*in, in public office.%(5 $he reasons for e6cludin, persons

← ← ←

←

← ← ←

&ru', Philippine Political Law. *ernas Primer, p.2") %200)(. &ru', Philippine Political Law. &ru', Philippine Political Law.



←

←

←

3r. ustice Stor+ Fuoted in Sinco, Philippine Political Law, p. %1!"(.

&ru', Philippine Political Law. &ru', Philippine Political Law. *ernas Primer, p.2"- %200)(. &ru'. Philippine Political Law.

55



M an 'a to -y - #c # . 0 mandator recess is prescribed for the thirtda period before the openin, of the ne6t re,ular session4 e6cludin, Saturdas4 Sundas and le,al holidas. $his is the minimum period of recess and ma be len,thened b the Con,ress in its discretion. !t ma however4 be called in special session at an time b the President.

Cont-act.$he contracts referred to here are those involvin, @financial interest4A that is4 contracts from which the le,islator e6pects to derive some profit at the e6pense of the ,overnment. %' P# c! ni a- y "# n# %i t. $he prohibited pecuniar benefit could be direct or indirect and this would cover pecuniar benefit for relatives. 8Bernas Commentar4 p. (%4 %th ed.9

$he President?s call is not necessar in some instances< When the Con,ress meets to canvass the presidential elections

VI. INTERNAL GOVERNMENT OF CONGRESS

←

←

$o calland a special election when the Presidenc VicePresidenc are both vacated

Sessions Ad5ournment Officers @uorum Internal Rules Disciplinar% Powers -e!islative (ournal and Con!ressional Record Enrolled 'ill Doctrine

#.

is the President himself .%'% Q< :a the President limit the sub2ects which ma be considered durin, a special election called b him 0< o. $he President is ,iven the power to call a session and to specif sub2ects he wants considered4 but it does not empower him to prohibit consideration of other sub2ects. 0fter all4 Con,ress4 if it so wishers4 ma sta in re,ular session almost all ear round.%'/

A. S#ion )e,ular Special +oint Sessions

← ← ←

S# c t i o n 4 B . $he Con,ress shall convene once ever ear on the fourth :onda of +ul for its re,ular session4 unless a different date is fi6ed b law4 and shall continue to be in session for such number of das as it ma determine until thirt das before the openin, of its ne6t re,ular session4 e6clusive of Saturdas4 Sundas4 and le,al holidas. $he President ma call a special session at an time. R#!la- #ion Con,ress shall convene once ever ear re,ular session.

When it decides to e6ercise the

power of impeachment where the respondent

:oint S#ion Votin, Separatel Choosin, the President 8art. ( 59

←

← ←

Determine President?s disabilit 8art. ( %%9 Confirmin, nomination of the VicePresident 8art. ( &9 Declarin, the e6istence of a state of war 8art. = /19 Proposin, constitutional amendments 8art. %/ %9 Votin, +ointl $o revo*e or e6tend proclamation suspendin, the privile,e of the writ of habeas corps or placin, the Philippines under martial law. 8art ( %'9

←

←

←

←

for its

Con,ress shall convene on the 5 th :onda of +ul 8unless a different date is fi6ed b law9 until 1 das 8e6clusive of Saturdas4 Sundas and le,al holidas9 before the openin, of the ne6t re,ular session.

Intanc# w)#n Con-# (ot# ot)#- t)an +a/o-ity. $o suspend or e6pel a member in accordance with its rules and proceedin,s< /"1 of all its members 8Sec. %=4 0rt. V!9. Reas and nas entered in the +ournal< %"7 of the members present 8Sec. %=8594 0rt. V!9 Declare the e6istence of a state of war< /"1 of both houses in 2oint session votin, separatel 8Sec. /14 0rt. V!9 ←

S$#cial #ion 0 special session is one called b the President while the le,islature is in recess.

←

←

10

&ru', Philippine Political Law. Legislators cannot be members of the board of corporations with contract with the government. Such would be at least indirect financial interest. %*ernas &ommentar+, p. -10, 10 th ed.(



←

←

&ru', Philippine Political Law, *ernas &ommentar+, p.-11, %200# ed.(

57


d. )epassin, of a bill after Presidential veto< /"1 of the :embers of the #ous e where it ori,inated followed b /"1 of the :embers of the other #ouse. e. Determinin, President?s disabilit after submissions b both the Cabinet and the President< /"1 of both #ouses votin, separatel 8Sec. %%4 0rt. V!!9 ". A'/o!-n+#nt Section %= 879 either #ouse durin, the session of the Con,ress shall4 without the consent of the other4 ad2ourn for more than three das4 nor to an other place than that in which the two #ouses shall be sittin,. Either #ouse ma ad2ourn even without the consent of the other provided that it will not be more than three das. !f one #ouse should ad2ourn for more than three das4 it will need the consent of the other. either house can ad2ourn to an other place than that in which the two #ouses shall be sittin, without the consent of the other. R# a on . $hese rules prevent each house from holdin, up the wor* of le,islation. %'1 $his coordinative rule is necessar because the two houses form onl one le,islative bod.%'5 C. O%%ic#- S# ct ion 49 . 8%9 $he Senate shall elect its President and the #ouse of )epresentatives its Spea*er4 b a ma2orit vote of all its respective :embers. Each #ouse shall choose such other officers as it ma deem necessar. O%%ic#- o% t)# Con-# < Senate President #ouse Spea*er Such other officers as each #ouse ma deem necessar. ← ← ←

!t is well within the power and 2urisdiction of the Court to in;uire whether the Senate or its officials committed a violation of the Constitution or ,ravel abused their discretion in the e6ercise of their functions and prero,atives. 8Santia,o v. Guin,ona9

←

←

Sinco, Philippine Political Law, p 1-0 %1!"(. *ernas &ommentar+, p.-2#, %200# ed.(




$he meth od of choos in, who will be the othe r officers must be prescribed b Senate itself. !n the absence of constitutional and statutor ,uidelines or specific rules4 this Court is devoid of an basis upon which to determine the le,alit of the acts of the Senate relative thereto. Jn ,rounds of respect for the basic concept of separation of powers4 courts ma not intervene in the internal affairs of the le,islature it is not within the province of courts to direct Con,ress how to do its wor*. 8Santia,o v. Guin,ona9 D. 1!o-!+ Section %= 8/9 0 ma2orit of each #ouse shall constitute a ;uorum to do business4 but a smaller number ma ad2ou rn from da to da and ma compel the attendance of absent :embers in such manner and under such penalties4 as such #ouse ma provide. 1! o- !+ to 'o &!i n#  .0 ma2orit of each #ouse shall constitute a ;uorum to do business. Quorum is based on the proportion between those phsicall present and the total +#+&#-)i$of the bod. 0 smaller number ma ad2ourn from da to da. 0 smaller number ma compel the attendance of absent members in such manner and under such penalties as the #ouse ma provide. $he members of the Con,ress cannot compel absent members to attend sessions if the reason of absence is a le,itimate one. $he confinement of a Con,ressman char,ed with a nonbailable offense 8more than = ears9 is certainl auth ori-ed b law and has constitutional foundations. 8People v. +alos2os9 $he ;uestion of ;uorum cannot be raised repeatedl4 especiall when a ;uorum is obviousl present4 for the purpose of delain, the business of the #ouse. 80rroo v. De Venecia4 +une /=4 %&&'9 E. Int#-nal R!l# -ower to determine rules 4ature o% the rules 6ole o% courts Section %' 819 Each #ouse ma determine the rules of its proce edin,s4 punish its :embers for disorderl behavior4 and with the concurrence of twothirds of all its :embers4 suspend or e6pel a

5=



Not !&/#ct to /!'icial -#(i#w. Disciplinar action ta*en b Con,ress a,ainst a member is not sub2ect to 2udicial review because each #ouse is the sole 2ud,e of what disorderl behavior is. 8Jsmena v. Pendatun9

:ember. 0 penalt of suspension4 when imposed4 shall not e6ceed si6t das. Pow#- to '# t# -+in # in t# -n al -! l# . Each #ouse ma determine the rules of its proceedin,s.

←

Na t! -# o% t)# R! l# .$he rules adopted b deliberative bodies 8such as the #ouse9 are sub2ect to revocation4 modification4 or waiver b the bod adoptin, them. 80rroo v. De Venecia9

G. L#ilati(# :o!-nal an' Con-#ional R#co-' 6e'uirement 2ournal -ur!ose o% 2ournal hat may e e8cluded

$he power to ma*e rules is not one4 once

Matters to e entered to the

e6ercised is e6hausted. !t is a continuous power4 alwas sub2ect to be e6ercised b the #ouse4 and within the limitations su,,ested and absolutel beond the challen,e of an other bod. 80rroo v. De Venecia9

@ournal 2ournal ". 78traneous 7"idence 6ecord

←

Section %' 859 Each #ouse shall *eep a +ournal of its proceedin,s4 and from time to time publish the same4 e6ceptin, such parts as ma4 in its 2ud,ment4 affect national securit and the eas and nas on an ;uestion shall4 at the re;ue st of one fifth of the :embers present4 be entered in the +ournal.

. Rol# o% Co!-t. $he Court ma not intervene in the implementation of the rules of either #ouse e6cept if the rule affects private ri,hts. Jn matters affectin, onl internal operation of the le,islature4 the le,islature?s formulation and implementation of its rules is beond the reach of the courts. When4 however4 the le,islative rule affects private ri,hts4 the courts cannot alto,ether be e6cluded. 83S v. Smith9

Each #ouse shall also *eep a )ecord of its Proceedin,s. R#!i-#+#nt.Each #ouse shall *eep a +ournal of its proceedin,s4 and from time to time publish the same.

←

F. Dici$lina-y $ow#- !$#nion2#@$!lion

W)a t i a /o!-n al0$he 2ournal is usuall an abbreviated account of the dail proceedin,s. %'7 0

"ai %o- $!ni)+ #nt. Each #ouse ma punish its :embers for disorderl behavior.

←

le,islative is defined officialHbodI. record !t of what is 2ournal >done and past? inasa @the le,islative is so called because the proceedin,s are entered therein4 in chronolo,ical order as the occur from da to da.%'=

P-#(#nti(# S!$#nion (. P!niti(# S!$#nion. 0 con,ressman ma be suspended as a preventive measure b the Sandi,anbaan. $he order of suspension prescribed b the 0ntiGraft and Corrupt Practices 0ct is distinct from the power of con,ress to police its own ran*s under the Constitution. $he suspension contemplated in the constitutional provisions is a punitive measure that is imposed upon determination b a #ouse upon an errin, member. $he suspension spo*en in 0GCP0 is not a penalt but a preventive measure. $he doctrine of separation of powers b itself ma not be deemed to have e6cluded members of Con,ress from 0GCP0. $he law did not e6clude from its covera,e the members of the Con,ress and therefore the Sandi,anbaan ma decree a preventive suspension order. 8Santia,o v. Sandi,anbaan9 8// Bar Question9

. P!-$o# o% t)# -#!i-#+#nt t)at a /o!-nal &# 8#$t< $o insure publicit to the proceedin,s of the le,islature4 and a correspondent responsibilit of the members of their respective constituents and $o provide proof of what actuall transpired in the le,islature. 8ield v. Clar*9

←

←

. W) at +ay &# #@ cl ! '# ' . $he Constitution e6empts from publication parts which in the 2ud,ment of the #ouse affect national securit. B. Matt#- w)ic), !n'#- t)# Contit!tion, a-# to &# #nt#-#' in t)# /o!-nal* %. Reas and nas on third and final readin, of

32  R# ! i- #+#n t. Each #ouse ma with the concurrence of twothirds of all its :embers4 suspend or e6pel a :ember. P#-io' o% !$#nion0 . penalt of suspension4 when imposed4 shall not e6ceed si6t das.



a bill. ←

←

*ernas &ommentar+, p.-2#, %200# ed.( Sinco, Philippine Political Law 11, %1!"(.

5(



/. Vetomessa,eofthe President 1. Reas and nas on the repassin, of a bill vetoed b the President 5. Reasandnason an ;uestion at the re;uest of %"7 of members present

enrolled bill theor is based mainl on the respect due to a coe;ual department. When such coe;ual department itself repudiates the enrolled bill4 then the 2ournal must be accepted as conclusive. B. En-oll#' &ill (. Matt#- -#!i-#' to &# #nt#-#' in t)# /o!-nal.$he Supreme Court has e6plicitl left this matter an open ;uestion in :orales v. Subido.%''

:o!-nal (. E@t-an#o! #(i'#nc#. $he +ournal is conclusive upon the Courts 83S v. Pons9

←

9. R#+#'y %o- Mita8#. !f a mista*e was made in printin, of the bill before it was certified b Con,ress and approved b the President4 the

W)at i a R#co-'0$he )ecord contains a word for word transcript of the deliberation of

←

%'(

Con,ress. H. En-oll#' &ill 'oct-in# 7nrolled ;ill 7nrolled ;ill
remed amendment or corrective le,islation4 Co. not 2udicial isdecree. 8Casco 8Phil9 Chemical Gimene-9 VII. El#cto-al T-i&!nal, CA Electoral +ri#unal CA Constitution of E+ and CA A. El#cto-al T-i&!nal 7lectoral #riunals Com!osition 6ationale Inde!endence Security o% #enure -ower 2urisdiction o% 7# 2urisdiction o% CM77C 2udicial 6e"iew S#c ti o n 47 . $he Senate and the #ouse of )epresentatives shall each have an Electoral $ribunal which shall be the sole 2ud,e of all contests relatin, to the election4 returns4 and ;ualifications of their respective :embers. Each electoral tribunal shall be composed of nine members4 three of whom shall be +ustices of the Supreme Court to be desi,nated b the Chief +ustice4 and the remainin, si6 shall be members of the Senate or the #ouse of )epresentatives4 as the case ma be4 who shall be chosen on the basis of proportional representation from the political parties and the parties or or,ani-ations re,istered under the partlist sstem represented therein. $he senior 2ustice in the Electoral tribunal shall be its Chairman.

Where the conference committee report was approved b the Senate and the #) and the bill is enrolled4 the SC ma not in;uire beond the certification and approval of the bill4 and the enrolled bill is conclusive upon the 2udiciar 8Phil. +ud,es 0ssociation v. Prado9 . Un'#-lyin P-inci$l# o% t)# Doct-in#. Court is bound under the 'oct- in# o% #$ a-a tio n o% $o w# - b the contents of a dul authenticated measure of the le,islature. 8:abana, v. LopeVito4 0rroo v. De Venecia9 . En-oll#' &ill (. :o!-nal Ent-y < $he enrolled bill is the official cop of approved le,islation and bears the certification of the presidin, officers of the le,islative bod. $he respect due to a coe;ual department re;uires the courts to accept the certification of the presidin, officer as conclusive assurance that the bill so certified is authentic. 8Casco Philippine Chemical Co. v. Gimene-9 How#(#-4 !f the presidin, officer should repudiat e his si,nature in the @enrolled billA4 the enrolled will not prevail over the +ournal. $his is because the 1-

*ernas &ommentar+, p.-2#, %200# ed.(



1

*ernas Primer, p. 2!1 %200) ed.( &ru' in his boo5 sa+s@ *ut ecept onl+ where the matters are reFuired to be entered in the 4ournals, the contents of the enrolled bill shall prevail over those of the 4ournal in case of conflict. %Page 12 Philippine Political Law %1! ed(.

5'



4. Two El#cto-al T-i&!nal. $he Senate and the #ouse of )epresentatives shall each have an Electoral $ribunal

Electoral $ribunal has incidental power to promul,ate its rules and re,ulations for the proper e6ercise of its function 80n,ara v. Electoral Commission9

3. Co+$oition o% ET Each electoral tribunal shall be composed of & members. 1 from the SC 8to be desi,nated b the C+9 and = from the respective #ouse.

7. :!-i'iction o% El#cto-al T-i&!nal $he Electoral $ribunal shall be the sole 2ud,e of all contests relatin, to the #l#ct ion, -#t!- n, an' !ali%icationof their respective members.

. W)y c-#at# an #l#cto-al t-i&!nal in'#$#n'#nt %-o + Con -# . !t is believed that this sstem tends to secure decisions rendered with a ,reater

$he 2urisdiction of #)E$ is not limited to constitutional ;ualifications. $he word @;ualificationsA cannot be read to be ;ualified b

de,ree of impartialit and fairness to all parties. !t also enables Con,ress to devote its full time to the performance of its proper function4 which is le,islation4 rather than spend part of its time actin, as 2ud,e of election contests. %'&

the term @constitutionalA. Where the law does not distin,uish4 the courts should li*ewise not. $he filin, of a certificate of candidac is a statutor ;ualification.8Guerrero v. CJ:ELEC9 Where a person is contestin, the proclamation of a candidate as senator4 it is SE$ which has e6clusive 2urisdiction to act. 8)asul v. CJ:ELEC9

P-o$o-tional R#$-##ntat ion. $he con,ressmen who will compose the electoral tribunal shall be chosen on the basis of proportional representation from the political and partlist parties.

Contest a%t#- $-ocla+ationis the 2urisdiction of #)E$ 8La-atin v. CJ:ELEC9

R#aon %o- Mi@#' M#+&#-)i$. $he presence of 2ustices of the Supreme Court in the Electoral $ribunal neutrali-es the effects of partisan influences in its deliberations and invests its action with that measure of 2udicial temper which is ,reatl responsible for the respect and confidence people have in courts.%&

When there is an #l#ct ion cont#t8when a defeated candidate challen,e the ;ualification and claims the seat of a proclaimed winner94 the Electoral $ribunal is the sole 2ud,e. Errors that ma be verified onl b the openin, of ballot bo6es must be recoursed to the electoral tribunal.

C) ai -+an . $he senior +ustice in the electoral tribunal shall be its Chairman.

Jnce a winnin, candidate has been proclaimed4 ta*en his oath and assumed office as a member of the #ouse4 CJ:ELEC?s 2urisdiction over election contest relatin, to his election4 returns and ;ualifications ends4 and the #)E$?s own 2urisdiction be,ins. 80,,abao v. CJ:ELEC9

SE$ cannot le,all function absent its entire membership of senators4 and no amendment of its rules can confer on the 1 remainin, 2ustice members alone4 the power of valid ad2udication of senatorial election contest. 80bbas v. SE$9 . In'#$#n'#nc#.$he Con,ress ma not re,ulate the actions of the electoral tribunals even in procedural matters. $he tribunal is an independent constitutional bod. 80n,ara v. Electoral Commission9

Nat!- # o% #l#ct ion cont# t. 0n election is not li*e an ordinar action in court. Public interests rather than purel private ones are involved in its determination.%&% !t is therefore not permissible that such a contest be settled b stipulation between the parties4 nor can 2ud,ment be ta*en b default but the case must be decided after thorou,h investi,ation of the evidence. %&/

B. S# c! -i ty o% T#n! -# .:embers of E$ have securit of tenure. Disloalt to the part is not a ,round for termination. 8Bondoc v. Pineda9 8// Bar Question9

A&#nc# o% #l#cti on cont#t. !n the absence of an election contest4 however4 the electoral tribunals are without 2urisdiction. $hus4 the power of each #ouse to defer oathta*in, of members until final determination of election contests filed a,ainst them has been retained b each #ouse. 80n,ara v.

9. Pow#-. $he Electoral $ribunal shall be the sole 2ud,e of all contests relatin, to the election4 returns4 and ;ualifications of their respective members. $he tribunal has the power to promul,ate rules relatin, to matters within its 2urisdiction4 includin, period for filin, election protests. 8La-atin v. #E$9 ←

←

Sinco, Philippine Political Law, p.1! %1!"(. Sinco, Philippine Political Law, p.1! %1!"(.



Electoral Commission9 ←

←

Sinco, Philippine Political Law, p.1)1 %1!"(.
5&


In (a li'i ty o% P- oc la +a ti on .0n alle,ation of invalidit of a proclamation is a matter that is addressed to the sound discretion of the Electoral $ribunal. 8La-atin v. CJ:ELEC9


e6cess of 2urisdiction or with -a (# a&! # o% 'ic- #ti on constitutin, '#n ial o% '!# $-oc # . 8)obles v. #E$9 Q< 0re the decisions rendered b the Electoral $ribunals in the contests of which the are the sole 2ud,e appealable to the Supreme Court 0< o. $he decisions rendered b the Electoral $ribunals in the contests of which the are the sole 2ud,e are not appealable to the Supreme Court #@c#$t in ca# o% a cl #a - ) owi n o % a  -a (# a& ! # o %

Motion to Wit)'-aw. $he motion to withdraw does not divest the #)E$ the 2urisdiction on the case. 8)obles v. #)E$9 6. :!-i'iction o% COMELEC Preproclamation controversies include< !ncomplete returns 8omission of name or votes9

←

←

←

)eturns with material defects )eturns which appeared to be tampered with4 falsified or prepared under duress or containin, discrepancies in the votes 8with si,nificant effect on the result of election9

@Where a petitioner has seasonabl filed a motion for reconsideration of the order of the Secon d Division suspendin, his proclamation and dis;ualifin, him4 the CJ:ELEC was not divested of its 2urisdiction to review the validit of the order of the Second Division. $he order of the Second division is unenforceable as it had not attained finalit. !t cannot be used as the basis for the assumption to office of respondent. $he issue of the validit of the order of second division is still within the e6clusive 2urisdiction of the CJ:ELEC en banc. 8Codilla v. De Venecia9

'ic-#tion. ". Co++iion on A$$oint+#nt /unction o% CA Com!osition -ro!ortional 6e!resentation /ractional Seats =oting Action on A!!ointments Ad Interim A!!ointments not acted u!on 6uling S# c t i o n 4 6 . $here shall be a Commission on 0ppointments consistin, of the President of the Senate4 as e6officio Chairman4 twelve Senators and twelve :embers of the #ouse of )epresentatives4 elected b each #ouse on the basis of proportional representation from the political parties and parties or

!t is the CJ:ELEC which decides who the winner is in an election. 0 person holdi n, office in the #ouse must ield his or her seat to the person declared b the CJ:ELEC to be the winner and the Spea*er is dut bound to administer the oath%&1. $he Spea*er shall administ er the oath on the winner. !n election contests4 however4 the 2urisdiction of the CJ:ELEC ends once a candidate has been proclaimed and has ta*en his oath of office as a :ember of Con,ress. +urisdiction then passes to the Electoral $ribunal of either the #ouse or the Senate.%&5 5. :!'icial R#(i#w SC ma intervene in the creation of the electoral tribunal. SC ma overturn the decisions of #)E$ when there is GADL:. 8Lerias v. #)E$9 +udicial review of decisions or final resolutions of the electoral tribunals is possible onl in the e6ercise of the Court?s so called e6traordinar 2urisdiction upon a determination that the tribunal?s decision or resolution was rendered without or in ←

←

Codilla v. de %enecia!?.<. 9o. 1!0)0!. ecember 10, 2002.

or,ani-ations re,istered under the partlist sstem represented therein. $he Chairman of the Commission shall not vote4 e6cept in the case of a tie. $he Commission shall act on all appointments submitted to it within thirt session das of the Con,ress from the submission. $he Commission shall rule b a ma2orit vote of all its :embers. 4. F!nction o% CA. !t acts as a le,islative chec* on the appointin, authorit of the President. or the effectivit of the appointment of certain *e officials4 the consent of C0 is needed. 3. Co+$oition8/7 members9 Senate President as chairman %/ senators %/ members of #)

← ← ←

. P-o$o-tional R#$-##ntation. $he members of the Commission shall be elected b each #ouse on the basis of proportional representation from the political part and part list.

A&&abao v. Comelec! ?.<. 9o. 1)#-!). anuar+ 2), 200!

%in'ons(C)ato v. Comelec!?< 1-21#1, April 2, 200-. I sweat, I bleed, I soar…


7



$he sense of the Constitution is that the membership in the Commission on 0ppointment must alwas reflect political ali,nments in Con,ress and must therefore ad2ust to chan,es. !t is understood that such chan,es in part affiliation must be permanent and not merel temporar alliances 8Da-a v. Sin,son9 Endorsement is not sufficient to ,et a seat in CJ0. 8Coseten, v. :itra9

3. R#aon %o- Ea-ly o-an iation o% ET!n.the case of Electoral $ribunals4 the need for their earl or,ani-ation is obvious4 considerin, the rash of election contests alread waitin, to be filed after4 even before4 the proclamation of the winners. $his is also the reason wh4 unli*e the Commission of 0ppointments4 the Electoral $ribunals are supposed to continue functionin, even durin, the recess.%&7

. F-a cti ona l S#a t.ractional seats cannot be rounded off. $he seats should be vacant.

. R#aon, $-o( iion on COA. $he provision is based on the need to enable the President to

8Coseten, v. :itra9 0 full complement of %/ members from the Senate is not mandator 8Guin,ona v. Gon-ales9 #olders of .7 proportion belon,in, to distinct parties ma not form a unit for purposes of obtainin, a seat in the Commission. 8Guin,ona v. Gon-ales9

e6ercise his appointin, powerCommission with dispatch on in coordination with the 0ppointments. $he rule that the Commission on 0ppointments can meet onl durin, the session of the Con,ress is the reason wh ad interim appointments are permitted under the Constitution. $hese appointments are made durin, the recess4 sub2ect to consideration later b the Commission4 for confirmation or re2ection.

Votin. $he Chairman shall not vote e6cept in the case of a tie.

←

Act ion on a$$oi nt+#nt .$he Commission shall act on all appointments submitted to it within #  i on 'a y of the Con,ress from the submission.

←

But where the Con,ress is in session4 the President must first clear his nominations with the Commission on 0ppointments4 which is wh it must be constituted as soon as possible. 3nless it is or,ani-ed4 no appointment can be made b the President in the meantime .%&=

←

A' int#-i+ a$$oint+#nt not act#' !$on. 0d interim appointments not acted upon at the time of the ad2ournment of the Con,ress4 even if the thirt da period has not et e6pired4 are deemed b passed under 0rticle V!!4 Section %=.

←

. COA +##tin $he Commission on 0ppointments shall meet onl while the Con,ress is in session to dischar,e its powers and functions.

6. R!lin.$he Commission shall rule b a ma2orit vote of all its :embers.

$he Commission on 0ppointments shall meet at the call of its Chair man or a ma2orit of all its members

C. Contit!tion o% ET an' CA rgani>ation 6eason %or early organi>ation o% 7#s 6eason o% !ro"ision on CA CA Meeting

VIII. RECORDS AND "OOS OF ACCOUNTS

S#ction 45.$he Electoral $ribunals and the Commission on 0ppointments shall be constituted within thirt das after the Senate and the #ouse of )epresentatives shall have been or,ani-ed with the election of the President and the Spea*er. $he Commission on 0ppointments shall meet onl while the Con,ress is in session4 at the call of its Chairman or a ma2orit of all its members4 to dischar,e such powers and functions as are herein conferred upon it.

4. O- a ni a ti on . $he E$ and CJ0 shall be constituted within 1 das after the Senate and the #ouse shall have been or,ani-ed with the election of the President and the Spea*er.



S#c tio n 3J. $he records and boo*s of accounts of the Con,ress shall be preserved and be open to the public in accordance with law4 and such boo*s shall be audited b the Commission on 0udit which shall publish annuall an itemi-ed list of amounts paid to and e6penses incurred for b each :ember. R#co-' an' &oo8 o% acco!nt $he records and boo*s of accounts of the Con,ress shall be preserved public in accordance with law. and be open to the ←

←

&ru', Philippine Political Law. &ru', Philippine Political Law.

7%



$he records and boo*s of accounts of the Con,ress shall be audited b the Commission on 0udit.

$he Senate or the #ouse of )epresentatives or an of its respective committees ma conduct in;uiries in aid of le,islation.

$he Commission on 0udit shall publish annuall an itemi-ed list of amounts paid to and e6pen ses incurred for b each :ember.

3. Nat!-# $he power of in;uir is an ##ntial and a$$-o$ -ia t# a!@ ilia-yto the le,islative action. 80rnault v. a-areno9 !t has been remar*ed that the power of le,islative investi,ation ma be implied from the e6press power of le,islation and does not itself have to be e6pressl ,ranted.%&(

I. LEGISLATIVE HEARINGS IN1UIRIES AND OVERSIGHT FUNCTIONS

← ←

In!i-i# Ai' o% L#ilation O(#-i)tinF!nction

←

456* Li+itation !t must be in aid of le,islation %&& !t must be in accordance with its dul published rules of procedure/ $he ri,hts of persons appearin, in or affected b such in;uiries shall be respected. ←

$here are two provisions on le,islative hearin,4 Sections /% and //. Section /% is about le,islative investi,ations in aid of le,islation.

←

←

".

S# c t i o n 3 4. L #  i  l a t i ( # S# c t i o n 33 . O ( #-  i  ) t In(#tiation F!nction W)o +ay a$$#a0n person Department heads and others W)o +ay &# !++on#' 0none e6cept the Each house ma onl President and SC re;uest the appearance of members 8Senate v. department heads. Ermita9 S!&/#ct Matt#0n mattes for purpose of :atters related to the le,islation departmentonl O&li.ato-y %o-c# o% a$$#a-anc#

Power of Con,ress to commit a

witness for contempt terminates when the le,islative bod ceases to e6ist upon its final ad2ournment./% 8ote< %1 are e6plicit limitations while 5 is an implicit limitation.9 . R#aon %o- t)# li+itation $he reason is in the past4 this power was much abused b some le,islators who used it for ille,itimate ends to browbeat or intimidate witnesses usuall for ,randstandin, purposes onl. $here were also times when the sub2ect of in;uir was purel private in nature and therefore outside //

:andator

Discretionar

the scope of the powers of Con,ress. B. Sco$# o% !#tion !t is not necessar that ever ;uestion propounded to a witness must be material to a proposed le,islation. 80rnault v. a-areno9 $his is because the le,islative action is determined b the information ,athered as a whole. 80rnault v. a-areno9

A. In!i-i# in Ai' o% L#ilation ho has the !ower 4ature imitation o% -ower 6eason %or imitation Sco!e o% Juestions ho may e summoned -ower to -unish 6ights o% -ersons Courts and Committee -ower o% In'uiry ". 78ecuti"e -ri"ilege 4eri ". Senate Committee

9. W)o +ay &# !++on#' !n'#- S#ction 34

←

S#ction 34.$he Senate or the #ouse of )epresentatives or an of its respective committees ma conduct in;uiries in aid of le,islation in accordance with its dul published rules of procedure. $he ri,hts of persons appearin, in or affected b such in;uiries shall be respected. Pow#- o% In!i-y

&ru', Philippine Political Law, p. 1!! %1! ed(.

←

See &oncurring :pinion of ustice &orona in 9eri v. Senate &ommittee See also *ernas &ommentar+, p-#- %200# ed(. $his reFuirement is an essential element for establishing 4urisdiction of the legislative bod+. Section 21 ma+ be read as reFuiring that &ongress must have dul+ published rules of procedur eB for le&islative investi&ations. Violation of these rules would be an offense against due process. %*ernas &ommentar+ p. -"0 %200# ed(. $his must be so inasmuch as the basis of the power to impose such a penalt+ is the right whic h the Legis lature has to self6 preservation, and which right is e nforceable during the eistence of the legislative bod+. %& Avancena in Lope' v e los
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4. W)o )a t)# $ow#I sweat, I bleed, I soar…


7/


Senate ". 7rmita/1 specified who ma and who ma not be summoned to Section /% hearin,s. $hus4 under this rule4 even a Department #ead who is an alter e,o of the President ma be summoned. $hus4 too4 the Chairman and members of the Presidential Commission on Good Government 8PCGG9 are not e6cept from summons in spite of the e6emption ,iven to them b President Cor 0;uino durin, her e6ecutive rule./5 $he Court ruled that anyon#, #@c#$t t)# P-#i'#nt an' :!tic# o% t)# S!$-#+# Co!-t +ay &# !++on#' . 7. Pow#- to $!ni)


Q< or how lon, ma a private individual be imprisoned b the le,islature for contempt 0< /or 6< 3ntil final ad2ournment of the bod. /or Senate< Jffender could be imprisoned indefinitel b the bod provided that punishment did not become so lon, as to violate due process. 80rnault v. a-areno9 6. Ri)t o% $#-on PhilComStat has no reasonable e6pectation of privac over matters involv in, their offices in a corporation where the ,overnment has interest. 8Sabio v. Gordon9

L#ilati(# Cont#+$t. $he power of investi,ation necessaril includes the power to punish a contumacious witness for contempt. 80rnault v. a-areno9 Act $!ni)#' a l#ilati(# cont#+$t. $he 3S Supreme Court in the case of Marshall ". 09 5ordon mentions< Phsical obstruction of the le,islative bod in the dischar,e of its duties. Phsical assault upon its members for action ta*en or words spo*en in the bod Jbstruction of its officers in the performance of their official duties Prevention of members from attendin, so that their duties mi,ht be performed Cont!+acy in -#%!in to o&#y o-'#- to $- o' !c # 'oc! +# nt  o- i(# t# t i+on y w)ic) wa a -i)t to co+$#l ./=

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←

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←

←

Po w# - to $! ni ) %o - co nt #+$t an ' lo ca l l#ilati(# &o'i#.$he power to punish ma not be claimed b local le,islative bodies 8e,ros Jriental Electric Cooperative v. San,,unian, Pan,lunsod9 Pow#- to $!ni) i !i #n#-i. $he e6ercise of the le,islature of contempt power is a matter of preservation and independent of the 2udicial branch. Such power is sui generis. 8Sabio v. Gordon9 Q< When ma a witness in an investi,ation be punished for contempt 0< When a contumacious witness? testimon is re;uired in a matter into which the le,islature or an of its committees has 2urisdiction to. 8!n short4 the investi,ation must be in aid of le,islation.9 80rnault v. a-areno9 ←

←

←

←

?.<. 9o. 1)---, April 20, 200).

Sabio v. Gordon! ?.<. 9o. 1-"#1, :ctober 1-, 200). 2"# >S !21. Sinco, Philippine Political Law, p 20 %1!"ed(.



5. Co!-t an' t)# Co++itt## 0 court cannot en2oin the appearance of a witness in a le,islative investi,ation. 8Senate Blue )ibbon Committee v. +ud,e :a2aducon9 Bernas< $he ,eneral rule of fairness4 8which is what due process is about9 could 2ustif  e6clusion of persons from appearance before the Committee. Q< Section % of EJ 5=5 provides that @all heads of departments of the E6ecutive Branch shall secure the consent of the President prior to appearin, before #ouse of Con,ress.A Does this contravene the power of in;uir vested in the Con,ress !s Section % valid 0< Valid. $he SC read Section % of EJ 5=5 to mean that department heads need the consent of the president onl in !# ti on )o!- contemplated in Section // of 0rticle V!. 8$he readin, is dictated b the basic rule of construction that issuances must be interpreted4as much as possible4 in a wa that will render it constitutional.9 Section % of EJ 5=5 cannot be applied to appearances of department heads in in!i-i# in ai' o% l#ilation . Con,ress is not bound in such instances to respect the refusal of the department head in such in;uir4 unless a (ali' clai+ o% $-i(il## is subse;uentl made4 either b the President or b the E6ecutive Secretar. 8Senate v. Ermita EJ 5=5 case9 4J. Pow#- o% In!i-y (. E@#c!ti(# P-i(il## S#nat# (. E-+ita*@Con,ress has undoubtedl has a ri,ht to information from the e6ecutive branch whenever it is sou,ht in aid of le,islation. !f the e6ecutive branch withholds such information on the ,round that it is privile,ed4 it +!t o a#-t it an' tat# t)# -#aon t)#-#%o-# an' w)y it +!t &# -#$#ct#' .A 8+ustice Carpio :orales in Senate ". 7rmita9

71



d.

N# -i (. S#n a t# * as the claim o% e8ecuti"e !ri"ilege !ro!erly in"oked in this caseK Res accordin, to the +ustice LeonardoDe Castro?s ponencia. or the claim to be properl invo*e d4 there must be a formal clai m b the President statin, the @precise and certain reasonA for preservin, confidentialit. $he ,rounds relied upon b E6ecutive Secretar Ermita are specific enou,h4 since what is re;uired is onl that an alle,ation be made @whether the information demanded involves militar or diplomatic secrets4 closeddoor Cabinet meetin,s4 etc.A $he particular ,round must onl be specified4 and the followin, statement of ,rounds

e.

S#nat#

$he

contempt

order is arbitrar and precipitate because the Senate did not first rule on the claim of e6ecutive privile,e and instead dismissed eri?s e6planation as unsatisfactor. $his is despite the fact that eri is not an unwillin, witness. #ence4 the Senate order citin, eri in contempt and orderin, his arrest was not valid.

b E6ecutive Secretar Ermita satisfies the re;uirement< @$he conte6t in which e6ecutive privile,e is bein, invo*ed is that the information sou,ht to be disclosed mi,ht impair our diplomatic as well as economic relati ons with the People?s )epublic of China.A/(

43. Pow#- o% In !i -y (. Co++ an'#- in C)i#% $ow#- o% t)# P-#i'#nt Since the President is commanderinchief of the 0rmed orces she can demand obedience from militar officers. :ilitar officers who disobe or i,nore her command can be sub2ected to court martial proceedin,. $hus4 for instance4 the President as Commander in Chief ma prevent a member of the armed forces from testifin, before a le,islative in;uir. 0 militar officer who disobes the President?s directive ma be made to answer before a court martial. Since4 however4 Con,ress has the power to conduct le,islative hearin,s4 Con,ress ma ma*e use of remedies under the law to compel attendance. 0n militar official whom Con,ress summons to testif before it ma be compelled to do so b the Pres ident. !f the President is not so inclined4 the President ma be commanded b 2udicial order to compel the attendance of the militar officer. inal 2udicial orders have the force of the law of the land which the President has the dut to faithfull e6ecute. /'

44. N#-i (. S#nat# Co++itt## "ac8-o!n'* $his case is about the Senate investi,ation of anomalies concernin, the B$E pro2ect. Durin, the hearin,s4 former ED0 head )omulo eri refused to answer certain ;uestions involvin, his conversations with President 0rroo on the ,round the are covered b e6ecutive privile,e. When the Senate cited him in contempt and ordered his arrest4 eri filed a case a,ainst the Senate with the Supreme Court. n March 9, 00+, the Su!reme Court ruled in %a"or o% 4eri and u!held the claim o% e8ecuti"e !ri"ilege. I!#* 666 Did the Senate Committees commit ,rave abuse of discretion in citin, eri in contempt and orderin, his arrest R!lin* 666 Res. $he Supreme Court said that the Senate Committees committed ,rave abuse of discretion in citin, eri in contempt. $he followin, were the reasons ,iven b the Supreme Court< a. $here wasa le,itimate claim of e6ecutive privile,e.

T)#

R!l# o% P-oc#'!-# in ai' o% l#ilation w#-# not '!ly $!&li)#' in acco-'anc# to S#ction 34 o% A-ticl# VI.

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b.

Senate

Committees did not compl with the re;uirement laid down in Senate ". 7rmita that the invitations should contain the @possible needed statute which prompted the need for the in;uirA alon, with @usual indication of the sub2ect of in;uir and the !#tion relative to and in furtherance thereof.A c. readin, 0 of the transcript of the Committees? proceedin, reveals that onl a minorit of the member of the Senate Blue )ibbon Committee was present durin, the deliberations $hus4 there

". O(#-i)t F!nction -ur!ose o% Section  "ersight /unction A!!earance o% eads o%
is a cloud of doubt as to the validit of the contempt order

20-

Primer on 9eri v. Senate made b+ Att+. &arlos 3edina.


20

Gudani v. Sen&a! ?.<. 9o. 1-01)!, April 1!. 200).

75




1* Do # S#c ti o n ;!#tion )o!-?0 A*

Senate or the Spea*er of the #ouse of )epresentatives at least three das before their scheduled appearance. !nterpellations shall not be limited to written ;uestions4 but ma cover matters related thereto. When the securit of the State or the public interest so re;uires and the President so states in writin,4 the appearance shall be conducted in e6ecutive session.

33

$ -o (i ' #

%o -

a

;ernas -rimer: o. the @;uestion hourA is proper to parliamentar sstem where there is no separation between the le,islative and e6ecutive department. Section //4 unli*e in the @;uestion hourA under the %&(1 Constitution4 has made the appearance of department heads voluntar.

4. P!-$o# o% S#ction 33

"! t wa i t $he SC in Senate ". 7rmita 4

$he provision formali-es the @oversi,ht functionA of Con,ress. Section // establishes the rule for the e6ercise of what is called the @oversi,ht functionA of Con,ress. Such function is intended to enable Con,ress to determine how laws it has passed are bein, implemented.

adoptin, the characteri-ation of constitutional commissioner #ilario Davide4 calls Section // as the $-o (i ion on ;1!#tion Ho!-?* $Section N !ertains to the !ower to conduct a 'uestion hour, the o@ecti"e o% which is to otain in%ormation in !ursuit o% Congress’ o"ersight %unction.&

3. O(#-i)t %!nction @Broadl defined4 con,ressional oversi,ht embraces all activities underta*en b Con,ress to enhance its understandin, of and influence over the implementation of le,islation it has enacted.A /& $he acts done b Con,ress in the e6ercise of its oversi,ht powers ma be divided into three cate,ories4 to wit< scrutin4 investi,ation4 and supervision./%

R#concil#*0lthou,h the Court decision calls this e6ercise a @;uestion hour4A it does so onl b analo, with its counterpart in parliamentar practice. 9. A$$#a-anc# at t)# -#!#t o% Con-# $he #eads of Departments ma upon their own initiative4 with the consent of the President4 or !$on t)# -#!#t o% #it)#- Ho!# as the rules of each #ouse shall provide4 appear before and be heard b such #ouse on an matter pertainin, to their departments.

. A$$#a -an c# o% H#a ' o% D#$ a-t +#nt &y t)#i- own initiati(# $he #eads of Departments ma upon their own initiative4 wi t) t) # co n #n t o% t) # P- # i' #n t appear before and be heard b either #ouse on an matter pertainin, to their departments.

7. W-itt#n 1!#tion Written ;uestions shall be submitted to the Senate President or the #ouse Spea*er at least 1 das before their scheduled appearance.

. W)y $#-+iion o% t)# P-#i'#nt n##'#' !n deference to separation of powers4 and because Department #eads are alter e,os of the President4 the ma not appear without the permission of the President./%%

6. Sco$# o% Int#-$#llation !nterpellations shall not be limited to written ;uestions4 but ma cover matters related thereto.

B. E@#+$tion %-o+ !++on  a$$li# only to D#$a-t+#nt H#a' !t should be noted4 that the e6emption from summons applies onl to Department #eads and not to everone who has Cabinet ran*.

5. E@#c!ti(# S#ion $he appearance shall be conducted in #@#c!ti(# #ionwhen< $he public interest so re;uires and $he President so states in writin,.

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4J. Con-# +ay -#%!# t)# initiati(# Because of separation of powers4 department secretaries ma not impose their appearance upon either #ouse./%/ #ence4 the Con,ress ma refuse the initiative ta*en b the department secretar ./%1

20

3acalintal v. &ommission on 8lections, 57 SC)0 =%5 8/194 at (7. 3acalintal v. &ommission on 8lections, "0! S&
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. E+#-#ncy Pow#- ←

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*ernas Primer at 2)# %200) ed.( *ernas &ommentar+, p -"" %200# ed(.

77



as it ma prescribe4 to e6ercise powers necessar and prop er to carr out a declared national polic. 3nless sooner withdrawn b resolution of the Con,ress4 such power shall cease upon the ne6t ad2ournment thereof.

D#cla-ation o% t)# #@it#nc# o% a tat# o%

←

wa←

D# l#  at i on

o%

#+#-  #n cy

$ow#- A. Wa- $ow#Power to declare e6istence of a state

←

of war ←

4. R#!iit# %o- t)# '#l#ation* 8%&&( Bar Q9 )ewordin, of the provision ←

S#ction 3.8%9 $he Con,ress4 b a vote of twothirds of both #ouses in 2oint session assembled4 votin, separatel4 shall have the sole power to declare the e6istence of a state of war.

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←

3. D!-ation o% t)# '#l#ation < 3ntil withdrawn b resolution of Con,ress 3ntil the ne6t ad2ournment of Con,ress

4. Po w# - to '# cl a- # #@ i t# nc # o% a t at # o% wa-34 $he Con,ress4 b a vote of /"1 of &ot) #ouses in /oint #ionassembled4 (otin #$a-at#ly 4 shall have the sole power to declare the e6istence of a state of war.

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. Pow#- t)at +ay &# '#l#at#' Con,ress ma authori-e the President4 to e6ercise powers necessar and proper to carr out a declared national polic ote that the nature of dele,able power is not specified. It is sumitted that the President ma be ,iven emer,enc l#ilati(# $ow#- if Con,ress so desires./%&

3. R#wo-'in o% t)# $-o(iion rom %&17 Constitution?s power to declare war /%7 to power to declare the e6istence of a state of war under %&'(. ;ernas: $he difference between the two phraseolo,ies is not substantial but merel in emphasis. $he two phrase were interchan,eable4 but the second phrase emphasi-es more the fact that the Philippines4 accordin, to 0rticle !!4 Section /4 renounces a,,ressive war as an instrument of national polic./%= Q< :a a countr en,a,e in war in the absence of declaration of war 0< Res. $he actual power to make war is lod,ed in the E6ecutive. $he e6ecutive when necessar ma ma*e war even in the absence of a declaration of war./%( ←

D#l#ation o% #+#-#ncy $ow#- )e;uisites for Dele,ation Duration of dele,ation Powers that ma be dele,ated Withdrawal of powers ←

$here must be a war /%' or other national emer,enc Law authori-in, the president for a limited period and sub2ect to such restrictions as Con,ress ma prescribe Power to be e6ercised must be necessar and proper to carr out a declared national polic.

. Wit)'-awal o% $ow#- Con,ress ma do it b a mere resolution. // 0nd such resolution does not need presidential approval.//% I. "ILLS2 LEGISLATIVE PROCESS Ori!ination Clause One #ill:one su#5ect rule Passa!e of a #ill Presidential Approval, Veto or Inaction -e!islative Reconsideration Item Veto Doctrine of inappropriate provisions E"ecutive Impoundment -e!islative Veto

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S#ction 3 8/9 !n times of war or other nati onal emer,enc4 the Con,ress ma b law authori-e the President4 for a limited period and sub2ect to such restrictions

A. O-iination Cla!# 78clusi"e rigination Clause ;ills that must e8clusi"ely srcinate %rom 6 rigination %rom the ouse, Meaning 6eason %or e8clusi"e srcination Senate may !ro!ose amendments Sco!e o% Senate’s !ower to introduce amendments ←

=ar is defined as armed hostilities between the two states. %// <8&:< 1)(

←

←

← ←

=ording of the 1#! &onstitution. *ernas &ommentar+, p -"! %200# ed(. *ernas Primer at 2)" %200) ed.(

=ar is defined as armed hostilities between the two states. %// <8&:< 1)(

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*ernas Primer at 2)! %200) ed.(

See concurring opinion of ustice Padilla in
7=



the benefits that the need. //' !t is more numerous in membership and therefore also more representative of the people. //&

S# c t i o n 3  . 0ll appropriation4 revenue or tariff bills4 bills authori-in, increase of the publi c debt4 bills of local application and private bills shall ori,inate e6clusivel in the #ouse of )epresentatives4 but the Senate ma propose or concur with amendments.

B. S#nat# +ay $-o$o# a+#n'+#nt $he addition of the word @e6clusivelA in the Constitution is not intended to limit the power of the Senate to propose amendments to revenue bills. 8$olentino v. Sec. of inance9

4. O-iin o% +on#y &ill, $-i(at# &ill an' &ill o% local a$$lication 0ll appropriation ///4 revenue//1 or tariff bills//54 bills authori-in, increase of the public debt //7 4 bills of local application //= and private bills //( shall ori,inate e6clusivel in the #ouse of )epresentatives4 but the Senate ma propose or concur with amendments. 3. "ill t)at +!t #@cl!i(#ly o-iinat# %-o+ t)# HR* 0ppropriation bills )evenue bills $ariff bills Bills authori-in, increase of the public debt Bills of local application Private bills

9. Sco $# o% t)# S#n at#  $ow#- to int -o'!c# a+#n'+#nt Jnce the #ouse has approved a revenue bill and passed it on to the Senate4 the Senate can completel overhaul it4 b amendment of parts or b a+#n'+#nt &y !&tit!tion 4 and co+# o!t wit ) on# co+$l# t#l y 'i% %#- #nt %-o + w)a t t)# Ho!# a$$-o(#' . $e6tuall4 it is the @billA which must e6clusivel ori,inate from the #ouse but the @lawA itself which is the product of the total bicameral le,islati ve process ori,inates not 2ust from the #ouse but from both Senate and #ouse. 8$olentino v. Secretar of inance9

← ← ← ← ← ←

. O-iination %-o+ t)# Ho!# $he e6clusivit of the prero,ative of the #ouse of )epresentatives means simpl that the #ouse alone can initiate the passa,e of revenue bill4 such that4 if the #ouse does not initiate one4 no revenue law will be passed. 8$olentino v. Secretar of inance9

(
. R#aon %o- #@cl!i(# o-iination $he district representatives are closer to the pulse of the people than senators are and are therefore in a better position to determine both the e6tent of the le,al burden the are capable of bearin, and

4. Man'ato-y nat!-# o% t)# -!l# Ever bill passed b the Con,ress shall embrace onl one sub2ect. $he sub2ect shall be e6pressed in the title of the bill. $his rule is +an'ato-y.

An appropriation bill is one whose purpose is to set aside a sum of mone+ for public use. :nl+ appropriation bills in the strict sense of the word are compreh ended b+ the provision bills for other purposes which incidentall+ set aside mone+ for that purpose are not included. *ernas &ommentar+, p -" %200# ed(. A revenue bull is one that levies taes and raises funds for the government. &ru', Philippine Political Law, p. 1"" %1! ed(. A tarif f bill specifies the rates of duties to be impos ed on imported articles. &ru', Philippine Political Law, p. 1"" %1! ed(. A bill increasing public debt is illustrated b+ one floating bonds for public subscription redeemable after a certain period. &ru', Philippine Political Law, p. 1"" %1! ed(. *ills of local application are those which is limited to specific localities, such for insta nce as the creati on of a town. *ernas &ommentar+, p -" %200# ed(. Private bills are those which affect private persons , such for instance as a bill granting citi'enship to a specific foreigner. *ernas

←

$he re;uirement is satisfied when< 0ll parts of the law relate to the sub2ect e6pressed in the title !t is not necessar that the title be a complete inde6 of the content 8P#!LCJS0 v. Gimene-9 ←

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←

←

←

3. P!-$o# o% t)# R!l#* $o prevent hod,epod,e or lo,rollin, le,islation $o prevent surprise or fraud upon the

←

←

←

←

le,islature 819 $o fairl appraise the people. 8Central Capi- v. )amire-9

&ommentar+, p -" %200# ed(. Private bills are illustrated b+ a bill granting honorar+ citi'enship to a distinguished foreigner. &ru', Philippine Political Law, p. 1!! %1! ed(. ←

←



. *ernas &ommentar+, p -" %200# ed(. &ru', Philippine Political Law, p. 1"! %1! ed(.

7(



das4 and printed copies whereof in its final form have been distributed to its :embe rs three das before its passa,e4 e6cept when the President certifies to the necessit of its immediate enactment to meet a public calamit or emer,enc. 3pon the last readin, of a bill4 no amendment thereto shall be allowed4 and the vote thereon shall be ta*en immediatel thereafter4 and the eas and the nas entered in the +ournal.

. Li&#-al int#-$-#tation o% t)# -!l# $he rule should be ,iven a practical rather than a strict construction. !t should be sufficient compliance with such re;uirement if the title e6presses the ,eneral sub2ect and all the provisions of the statute are ,ermane to that ,eneral sub2ect. 8Sumulon, v. CJ:ELEC9 . G#-+an# 0 partial e6emption from the increase o f ta6 imposed is not a deviation from the ,ener al sub2ect of the law. 8!nsular Lumber Co. v. C$09

4. R!l# o bill passed b either #ouse shall become a law unless it has passed three readin,s on separate das. Printed copies of the bill in its final form should be distributed to the :embers 1 das before its passa,e 8e6cept when the President certifies to the necessit of its immediate enactment to meet a public calamit or emer,enc9. 3pon the last readin, of a bill4 no amendment thereto shall be allowed. $he vote on the bill shall be ta*en immediatel after the last readin, of a bill. $he eas and the nas shall be entered in the +ournal. E@ c# $t io n. $he certification of the President dispenses with the readin, on separate das and the printin, of the bill in the final form before its final approval. 8$olentino v. Secretar of incance9

0 ta6 ma be ,ermane and reasonabl necessar for the accomplishment of the ,eneral ob2ect of the decree for re,ulation. 8$io v. V)B9

←

0 repealin, clause does not have to be e6pressl included in the title of the law. 8Phil. +ud,es 0ssoc. v. Prado9

←

$he creation of a new le,islative district is ,ermane to @the conversion of a municipalit to an urbani-ed cit.A 8$obias v. 0balos9

←

$he reor,ani-ation of the remainin, administrative re,ions is ,ermane to the ,eneral sub2ect of @establishin, the 0)::A. 8Chion,baan v. Jrbos9

←

←

$he #@$anion in the 2urisdiction of the Sandi,anbaan does not have to be e6pressl stated in the title of the law 80n 0ct urther D#%inin the +urisdiction of the Sandi,anbaan9 because such is the necessar conse;uence of the amendment. 8Lacson v. E6ecutive Secretar9

O$#-ati(# .0ll decrees which are not inconsistent with the Constitution remain operative until the are amended or repealed. 8Guin,ona v. Cara,ue9

0 provision that states that @no election officer shall hold office for more than four earsA is relevant to the title @0n 0ct Providin, for a General )e,istration of voters4 0doptin, a Sstem of Continuin, )e,istration4 Prescribin, Procedures $hereof and 0uthori-in, the 0ppropriation of unds $hereforA as it see*s to ensure the inte,rit of the re,istration process b providin, ,uidelines for the CJ:ELEC to follow in the reassi,nment of election officers. 8De Gu-man v. CJ:ELEC9

3. P-oc#'!-# *3J

1.

0 bill is int-o'!c#' b an member of the #ouse of )epresentatives or Senate e6cep t for some measures that must ori,inate onl in the former chamber.

2.

$he %i-t -#a'ininvolves onl a readin, of the number and title of the measure and its -#%#--al b the Senate President or the Spea*er to the proper committee for stud.

$he a&olitionof / municipalities is but a lo,ical conse;uence of its +#-#- to c-#at#a cit. B. Not G#-+an#

#.

P-o)i&ition of places of amusement should be included in the title of the law which onl provides for the -#!lationof places of amusement. 8De la Cru- v. Paras9

$he bill ma be 8ill#'in the committee or it ma be -#co++#n'#' %oa$$-o(al4 with or without amendments4 sometimes after public hearin,s are first held thereon. 8!f there are other bills of the same nature or purpose4 the ma all be consolidated into one bill under common authorship or as a committee bill.9 ". Jnce reported out4 the bill shall be calendared for #con' -#a'in . !t is at this sta,e that the bill is read in its entiret4

C. Paa# o% a &ill 6ules -rocedure

6eason %or three readings S#ction 39 8/9 o bill passed b either #ouse shall become a law unless it has passed three readin,s on separate


2#0


7'




scrutini-ed4 debated upon and amended when desired. $he second readin, is the most important sta,e in the passa,e of the bill.

a law4 be presented to the President. !f he approves the same4 he shall si,n it otherwise4 he shall veto it and return the same with his ob2ections to the #ouse where it ori,inated4 which shall enter the ob2ections at lar,e in its +ournal4 and proceed to consider it. !f4 after such reconsideration4 two thirds of all the :embers of such #ouse shall a,ree to pass the bill4 it shall be sent4 to,ether with the ob2ections to the other #ouse b which it shall li*ewise be

!.

$he bill as approved in second readin, is printed in its final form and copies thereof are distributed at least three das before the third readin,. Jn t)i-' -#a'in4 the members merel re,ister their votes and e6plain them if the are allowed b the rules. o further debate is allowed.

).

Jnce the bill passes third readin,4 it is #n t to t)# ot)#- c)a+& 4#where it will also under,o the three readin,s.

reconsidered4 and if approved b two thirds of all the :embers of that #ouse4 it shall become a law. !n all such cases4 the votes of each #ouse shall be determined b eas or nas4 and the names of the :embers votin, for or a,ainst shall be entered in its +ournal. $he President shall communicate his veto of an bill to the #ouse where it ori,inated within thirt das after the date of receipt thereof otherwise4 it shall become a law as if he had si,ned it.

-.

!f also approved b the second #ous e4 it will then be !&+itt#' to t)# P-#i'#ntfor his consideration.

.

$he &ill i #n-oll#' when printed as finall approved b the Con,ress4 thereafter authenticated with the si,natures of the Senate President4 the Spea*er4 and the Secretaries of their respective chambers4 and approved b the President. . R#aon %o- t)-## -#a'in $o address the tendenc of le,islators4 8on the last da of the le,islative ear when le,islators were ea,er to ,o home94 to rush bills throu,h and insert matters which would not otherwise stand scrutin in leisurel debate./1% 1* !f the version approved b the Senate is different from that approved b the #ouse of )epresentatives4 how are the

/. When the President vetoes it but the veto is overridden b twothirds vote of all the members of each #ouse 1. When the

differences A* !n a reconciled bicameral sstem bills are independentl processed b both #ouses of Con,ress. !t is not unusual that the final version approved b one #ouse differs from what has been approved b the other. $he @conference committee4A consistin, of members nominated from both #ouses4 is an e6traconstitutional creation of Con,ress whose function is to propose to Con,ress was of reconcilin, conflictin, provisions found in the Senate version and in the #ouse version of a bill.

President doesafter not act uponhave the measure within 1 das it shall been presented to him.

D. P-#i'#ntial A$$-o(al, V#to o- InactionK L#ilati(# R#coni'#-ation #hree Methods -residential A!!ro"al -residential =eto egislati"e A!!ro"al o% the ill -residential Inaction S#ction 37.8%9Ever bill passed b the Con,ress shall4 before it becomes 2#1

4. T)-## +#t)o' &y w)ic) a &ill +ay &#co+# a law* 8%&'' Bar Question9 %. When the President si,ns it

3. P-#i'#ntial a$$-o(al Passed bill is presented to the President President si,ns the bill if he approves the same $he bill becomes a law.

← ← ←

. P-#i'#ntial (#to Passed bill is presented to the President President vetoes the bill if he does not approve of it. #e returns the passed bill with his ob2ections to the #ouse where it ori,inated. 8Veto :esas,e9 G# n# -a l -! l# < !f the president disapproves the bill approved b Con,ress4 he should veto the entire bill. #e is not allowed to veto separate items of a bill. E@c#$tion< 8%9 President ma veto an item in cases of appropriation4 revenue and tariff bills.

← ←

←

See *ernas &ommentar+, p -)0 %200# ed(.



7&



8/9 President ma veto inappropriate provisions or riders. . L#ilati(# -#coni'#-ation o% t)# 8%&&1 &ill Bar Question9 $he #ouse where the bill ori,inated enters the ob2ections of the President at lar,e in its +ournal. Said #ouse reconsiders the bill. /"1 of all the :embers of such #ouse a,ree to pass the bill. $he bill to,ether with the ob2ections is sent to the other #ouse b which it is also reconsidered.

←

← ←

←

←

$he other #ouse approves the bill b /"1 of all the members of that #ouse. $he bill becomes a law. !n all such cases4 the votes of each #ouse shall be determined b eas or nas. $he names of the :embers votin, for or a,ainst shall be entered in its +ournal.

←

1* When does the Constitution re;uire that the eas and nas of the :embers be ta*en ever time a #ouse has to vote A* 3pon the last and third readin,s of a bill 8art. = sec/=8/99 0t the re;uest of %"7 of the members present 8art = sec %=8599 !n repassin, a bill over the veto of the President 8art = sec /(8%99

←

←

←

P-#i'#ntial Inaction Passed bill is presented to the President President does not approve nor communicate his veto to the #ouse where the bill ori,inated within 1 das. 819 $he bill becomes a law.

←

← ←



=



E. It#+ (#to S#ction 37 8/9 $he President shall have the power to veto an particular item or items in an appropriation4 revenue4 or tariff bill4 but the veto shall not affect the item or items to which he does not ob2ect. 0,ain4 the G#n #-a l -!l #is< !f the president disapproves the bill approved b Con,ress4 he should veto the entire bill. #e is not allowed to veto separate items of a bill. E@c#$tion < President ma veto an it#+ in cases of appropriation4 revenue and tariff bills.

←

President ma $-o(iionor riders.

←

veto

ina$$-o$-iat#

It #+. 0n item is an indivisible HsumI of mone dedicated to a stated purpose. /1/ 8!tem  Purpose4 0mount9 !n a ta6 measure4 an item refers to the sub2ect of the ta6 and the ta6 rate . !t does not refer to the entire section imposin, a particular *ind of ta6. 8C!) v. C$09 $he president ma not veto the +#t)o'or +ann#of usin, an appropriated amount. 8Ben,-on v. Drillon9 F. Doct-in# o% ina$$-o$-iat# $-o(iion
must be incorporated in a separate bill. Bein, an inappropriate provision4 it was properl vetoed. 8P#!LCJS0 v. Enri;ue-9 $he proviso on @power of au,mentation from savin,sA can b no means be considered a specific appropriation of mone. 8Gon-ales v. :acarai,9 . A$$-o$-iat# P-o(iion $he special provision providin, that @the ma6imum amount of the appropriation for the DPW# to be contracted for the maintenance of national roads and brid,es should not e6ceed 1UA is ,ermane to the appropriation for road maintenance. !t specifies how the item shall be spent. !t cannot be vetoed separatel from the item. 8P#!LCJS0 v. Enri;ue-9 $he special provision that all purchases of medicines b the 0P should compl with Generics 0ct is a mere advertence to an e6istin, law. !t is directl related to the appropriation and cannot be vetoed separatel from the item. 8P#!LCJS0 v. Enri;ue-9 G. E@#c!ti(# I+$o!n'+#nt < )efusal of the President to spend funds alread allocated b Con,ress for a specific purpose. 8See P#!LCJS0 v. Enri;ue-9 H. L#ilati(# (#to 0 Con,ressional veto is a means whereb the le,islature bloc* or modif action ta*encan under a statute. !t isadministrative a form of le,islative control in the implementation of particular e6ecutive actions. II. FISCAL POWERS2 POWER OF THE PURSE +a"ation ← ←

3. R#aon %o- t)# Doct-in# $he intent behind the doctrine is to prevent the le,islature from forcin, the ,overnment to veto an entire appropriation law thereb paral-in, ,overnment.

← ←

Spendin! Power ← ← ←

. Ina$$-o$-iat# P-o(iion R# $# al o% law. )epeal of laws should not be done in appropriation act but in a separate law 8P#!LCJS0 v. Enri;ue-9 8 use this doctrine care%ully1 $he re;uirement of con,ressional approval for the release of funds for the moderni-ation of the 0P 2#2

Nature -imitations Dele!ation of power to ta" E"empted from ta"ation

← ←

Spendin! Power Appropriation Non:esta#lishment provision Special *und Appropriation

Pow#- o% t)# P!-#.Con,ress is the ,uardian of the public treasur. !t wields the tremendous power of the purse. $he power of the purse comprehends both the power to ,enerate mone for the

*ernas Primer, p. 2-) %200) ed.(



=%



,overnment b ta6ation and the power to spend it./11

martial rule product4 which imposed a ten peso capital contribution for the sale of each ba, of fertili-er @until ade;uate capital is raised to ma*e PP! viable.A PP! was private corporation. Clearl4 therefore4 the imposition was for private benefit and not for a public purpose.

+AA+ION S#c tion 36.8%9 $he rule of ta6ation shall be uniform and e;uitable. $he Con,ress shall evolve a pro,ressive sstem of ta6ation. A. Nat!-#
←

Li+itation on Pow#- o% Ta@ation )ule of ta6ation shall be !ni%o-+and #!ita&l#. Con,ress shall evolve a $-o-#i(#sstem of ta6ation. Charitable institutions4 etc. and all lands4 buildin, and improvements actuall4 directl and ←

←

e6clusivel used for reli,ious4 charitab le or educational purposes shall be e6empt from ta6ation. 8art. = /'8199 1. 0ll revenues and assets of nonstoc*4 nonprofit educational institutions used actuall4 directl and e6clusivel for educational purposes shall be e6empt from ta6es and dutie s. 8art. %5 58199 5. Law ,rantin, ta6 e6emption shall be passed onl with the concurrence of the ma2orit of all the members of Con,ress. 8art. = /&859

4. D#%inition $a6ation refers to the inherent power of the state to demand enforced contributions for public purposes. 3. Sco$# $a6ation is so pervasive that it reaches even the citi-en abroad and his income earned from source outside the State. G#n#-al Li+it < or a public purpose Due process and e;ual protection clauses 8Sison v. 0ncheta9 S$#ci%ic Li+it < 3niform and e;uitable 8Section /'9 8See /&8/99 E@#-ci# o% t)# $ow#< Primaril vested in the national le,islature.

UNIFORM Un i %o -+i ty. 3niformit si,nifies ,eo,raphical uniformit . 0 ta6 is uniform when it operates with the same force and effect in ever place where the sub2ect is found. Uni%o-+ity in ta@ation (. E!ality in ta@ation. 3niformit in ta6ation means that persons or thin,s belon,in, to the same class shall be ta6ed at the same rate. !t is distin,uished from e;ualit in ta6ation in that the latter re;uires the ta6 imposed to be determined on the basis of the value of the propert./1(

. P!-$o#< $o raise revenue

←

←

!nstrument of national economic and social polic $ool for re,ulation

←

$he power to *eep alive /15

←

. Ta@ $a6es are enforced proportional contributions from persons and propert levied b the law ma*in , bod of the state b virtue of its soverei,nt for the support of the ,overnment and all public needs. +ustice #olmes said< @$a6es are what we pa for civili-ed societ.A

$an v. del )osario< 3niformit means< the standards that are used therefor are substantial and not arbitrar the cate,ori-ation is ,ermane to achieve the le,islative purpose the law applies4 all thin,s bein, e;ual4 to both present and future conditions and the classification applies e;uall well to all those belon,in, to the same class. ←

←

←

B. P!&lic P!-$o# !t is fundamental in democratic ,overnments that ta6es ma be levied for public purpose onl. Without this element4 a ta6 violates the due process clause and is invalid. /17 !n -lanters -roducts, Inc. (--I1 ". /erti!hil Cor!. /1= the Court had occasion to review the validit of LJ! %5=74 a

←

$here is a difference between the homeless people and the middle class. $he two social classes are differentl situated in life. 8$olentino v. Sec. of inance9 E1UITA"LE

2## *ernas &ommentar+, p -! %200# ed(. 2#" *ernas Primer at 2- %200) ed.( 2#!

Sinco, Philippine Political Law, p !- %1!"ed(.

2#)

?.<. 9o. 1))00), 3arch 1", 200.



2#-

&ru', Philippine Political Law, p. 1) %1! ed(.

=/


$he present constitution adds that the rule of ta6ation shall also be e;uitable4 which means that the ta6 burden must be imposed accordin, to the ta6paer?s capacit to pa./1' P-o-#i (# yt#+ o% ta@ati on. $he Con,ress shall evolve a pro,ressive sstem of ta6ation. $a6 sstem is pro,ressive when the rate increases as the ta6 base increases./1& R#a on %o- $-o -# i (# yt# +. $he e6plicit mention of pro,ressive ta6ation in the Constitution reflects the wish of the Commission that the


$he said power is to be e6ercised within specified limits and sub2ect to such limitations and restrictions as the Con,ress ma impose. $he authori-ation of such power must be within the framewor* of the national development pro,ram of the Government.

←

←

3. Ta-i%% an' C!to+ Co'#, Fl#@i&l# Ta-i%% Cla!# $he President is ,iven b the $ariff and Customs Code ample powers to ad2ust tariff rates. Fl#@i&l# Ta-i%% Cla!#

le,islature should use the power of ta6ation as an instrument for a more e;uitable distribution of wealth.

$he President ma fi6 tariff rates4 import and e6port ;uotas4 etc. under $CC<

Di-#cti(# not a /!'icially #n%o-c#a&l# -i)t. $he directive to evolve a pro,ressive sstem of ta6ation is addressed to Con,ress and not a 2udiciall enforceable ri,ht. 8$olentino v. Sec. of inance9

protective rates of import dut 8includin, an necessar chan,e in classification9 the e6istin, rates ma be increased or decreased to an level on one or several sta,es but in no case shall be hi,her than a ma6imum of %U ad valorem /9$o establish import ;uota or to ban imports of an commodit4 as ma be necessar 19$o impose an additional dut on all imports not e6ceedin, %U ad valorem whenever necessar

In'i-#ct ta@#.$he Constitution does not prohibit the imposition of indirect ta6es4 which are re,ressive. $he provision simpl means that direct ta6es are to be preferred and indirect ta6es should be minimi-ed as much as possible. !t does not re;uire Con,ress to avoid entirel indirect ta6es. Jtherwise4 sales ta6es4 which are the oldest form of indirect ta6es4 will be prohibited. $he mandate to Con,ress is not to prescribe but to evolve a pro,ressive sstem of ta6ation. 8$olentino v. Sec. of inance9 C. D#l#ation o% $ow#- to ta@ Conditions #ari%%s and Customs Code imitation im!osed regarding the /le8ile #ari%% Clause Section /' 8/9 $he Con,ress ma b law4 authori-e the President to fi6 within specified limits4 and sub2ect to such limitations and restrictions as it ma impose4 tariff rates4 import and e6port ;uotas4 tonna,e and wharfa,e dues4 and other duties or imposts within the framewor* of the national development pro,ram of the Government. 4. Con'ition in t)# '#l#ation o% t)# $ow#- to ta@* Dele,ation must be made b law $he power ,ranted is to fi6 tariff rates4 import and e6port ;uotas4 tonna,e and wharfa,e dues4 and other duties and impost.

← ←

←

&ru', Philippine Political Law, p. 1) %1! ed(.

←

*ernas &ommentar+, p -- %200# ed(.



1(

$o increase4 reduce or remove e6istin,

. Li+itation I+$o#' R#a-'in t)# Fl#@i&l# Ta-i%% Cla!# %9 Conduct b the $ariff Commission of an investi,ation in a public hearin, $he Commissioner shall also hear the views and recommendations ,overnment office4 a,encof an or instrumentalit concerned $he ED0 thereafter shall submits its recommendation to the President /9 $he power of the President to increase or decrease the rates of import dut within the abovementioned limits fi6ed in the Code shall include the modification in the form of dut. !n such a case the correspondin, ad valorem or specific e;uivalents of the dut with respect to the imports from the principal competin, countr for the most recent representative period shall be used as bases. 8Sec 5% $CC9 D. E@#+$t#' %-o+ ta@ation 78em!ted %rom ta8ation Dind o% ta8 e8em!tion $78clusi"ely&, Meaning 7lements in determining a charitale institution 6eason %or 6e'uirement o% Asolute Ma@ority Section /' 819 Charitable institutions4 churches and parsona,es or convents

=1


appurtenant thereto4 mos;ues4 non profit cemeteries and all lands4 buildin,s4 and improvement actuall4 directl4 and e6clusivel used for reli,ious4 charitable4 or educational purposes shall be e6empt from ta6ation. 4. E@#+$t#'* Charitable institutions Churches Parsona,es or convents appurtenant to churches :os;ues onprofit cemeteries 0ll lands4 buildin,s4 and improvement actuall%, directl% and e"clusivel% used for reli,ious4 charitable4 or educational purpose shall be e6empt from ta6ation. 3. in' o% ta@ #@#+$tion !n'#- 36

$he e6emption created b Section /' is onl for ta6es assessed as propert ta6es and not e6cise ta6. 8C!) v. C09 . ;E@cl!i(#ly? $he phrase @e6clusivel used for educational purposesA e6tends to facilities which are incidental to and reasonabl necessar for the accomplishment of the main purpose. 80bra Valle Colle,e v. 0;uino9 PCGG no power to ,rant ta6 e6emptions 8Chave-has v. PCGG9 . El#+#nt to &# coni'#-# ' in '#t#-+in in w) #t ) #- an # nt #- $ -i # i  a c) a- i ta &l # intit!tion2#ntity* Statute creatin, the enterprise !ts corporate purposes !ts constitution and blaws :ethod of administration ature of actual wor* performed Character of services rendered !ndefiniteness of the beneficiaries 3se and occupation of the properties 8Lun, Center v. QC9 Section /' 859 o law ,rantin, an ta6 e6emption shall be passed without the concurrence of a ma2orit of all the :embers of the Con,ress. B. R#aon %o- a&ol!t# +a/o-ity Bills ordinaril passed with support of onl a simple ma2orit4 or a ma2orit of those present and votin,. $he above provision re;uires an absolute ma2orit of the entire membership of the Con,ress because a ta6 e6emption represents a withholdin, of the I sweat, I bleed, I soar…



power to ta6 and conse;uent loss of revenue to the ,overnment. POWER O* APPROPRIA+ION? SPENDIN4 POWER S$#n'in Pow#←

S!ending -ower

←

6eason

←

$;y aw& S#c tio n 35. 8%9 o mone shall be paid out of the $reasur e6cept in pursuance of an appropriation made b law.

4. S$#n'in Pow#$he spendin, power of Con,ress is stated in Section /&8%9< @o mone shall be paid out of the $reasur e6cept in pursuance of an appropriation made b law.A 8%&''4 %&&/ Bar Question9 3. R#aon Behind the provision stands the principle that the people?s treasure that the people?s treasure ma be sent onl with their consent. $hat consent is to be e6pressed either in the Constitution itself or in valid acts of the le,islature as the direct representative of the people./5 . ;"y law? $he provision does not sa @appropriation b Con,ressA but rather @b lawA4 a term which covers both statutes and the Constitution. /5% ". A$$-o$-iation A!!ro!riation Classi%ication C
←

See Sinco, Philippine Political Law, p 20 %1!"ed(. Sinco, Philippine Political Law, p 211 %1!"ed(. &ru', Philippine Political Law, p. 1! %1! ed(. &ru', Philippine Political Law, p. 1! %1! ed(.

=5


%!(

S$#cialdesi,ned


Prohibition a,ainst transfer of appropriations. 8art = sec /78799 )ule on automatic reappropriation. 8art = sec /78(99 (. Prohibition a,ainst appropriations for sectarian benefit. 8art = sec /&8/99

for a specific

purpose such as the creation of a fund for the relief of tphoon victims. CDF 0 law creatin, CD was upheld b the SC sain, that the Con,ress itself has specified the uses of the fund and that the power ,iven to Con,ressmen and VicePresident was merel recommendator to the President who could approve or disapprove the recommendation. 8P#!LCJS0 v. Enri;ue-9

D. Non#ta&li)+#nt $-o(iion Section /& 8/9 o public mone or propert shall be appropriated4 applied4 paid4 or emploed4 directl or indirectl4 for the

C. Li+itation on A$$-o$-iation 78traEConstitutional imitations Constitutional imitations

use4 benefit4 or support of an sect4 church4 denomination4 sectarian institution4 or sstem of reli,ion4 or of an priest4 preacher4 minister4 or other reli,ious teacher or di,nitar as such4 e6cept when such priest4 preacher4 minister4 or di,nitar is assi,ned to the armed forces4 or to an penal institution4 or ,overnment orphana,e or leprosarium.

;$ Implied -imitations 0ppropriation must be devoted to a public purpose $he sum authori-ed must be determinate or at least determinable. /55 <$ Constitutional -imitations

o public mone or propert shall be appropriated4 applied4 paid4 or emploed4 directl or indirectl4 for the use4 benefit4 or support of an sect4 church4 denomination4 sectarian institution4 or sstem of reli,ion4 or of an priest4 preacher4 minister4 or other reli,ious teacher or di,nitar as such.

S$#ci%ic Li+itation on t)# $ow#- o% /57 a$$-o$-iation HSec /54 Sec /78=9I 0ppropriation bills should ori,inate in the #ouse of )epresentatives. 8art. = sec /59 Discretionar funds appropriated for particular officials shall be disbursed onl for public purposes to be supported b appropriate vouchers and sub2ect to such ,uidelines as ma be prescribed b law. 8art. = sec /78=9

Public mone ma be paid to a priest4 preacher4 minister4 or di,nitar if he is assi,ned to the armed forces4 or to an penal institution4 or ,overnment

Contit!tional li+itation on $#cial a$$-o$-iation +#a!-# HSec /78594 Sec /&8/9I :ust specif the public purpose for which the sum is intended. 8art = sec /7 8599 :ust be supported b funds actuall available as certified to b ational $reasurer4 or to be raised b a correspondin, revenue proposal included therein. 8art = sec /78599 1. Prohibition a,ainst appropriations for sectarian

orphana,e or leprosarium. G#n#-al o- $#ci %ic a$$-o$-iation Whether . the appropriation be ,eneral or specific4 it must conform to the prohibition a,ainst the use of public funds or propert for sectarian purposes. /5( P!-$o# o% t)# $-o(iion. $his provision must be read with 0rticle !!!4 Section 7 on reli,ious freedom and 0rticle !!4 Section = on the separation of Church and State. !ts purpose is to further bolster this principle and emphasi-e the neutralit of the State in ecclesiastical matters.

benefit. 8art = sec /&8/99/5= Contit!tional -!l# on #n#-al a$$-o$-iation law HSec /7 8%98/98198798(94 Sec /&8/9I %. Con,ress ma not increase the appropriations recommended b the President. 8art = sec /78%99 $he form4 content4 and manner of preparation for the bud,et shall be prescribed b law. 8art = sec /78%99 )ule on riders. 8art = sec /78/99 Procedure for approvin, appropriations for

E. S$#cial F!n' Section /& 819 0ll mone collected on an ta6 levied for a special purpose shall be treated as a special fund and paid out for such purpose onl. !f the purpose for which a special fund was created has been fulfilled or abandoned4 the balance4 if an4 shall be transferred to the ,eneral funds of the Government.

Con,ress. 8art = sec /78199 &ru', Philippine Political Law, p. 1)0 %1! ed(. &ru', Philippine Political Law, p. 1)0 %1! ed(. See &ru', Philippine Political Law, p. 1)" %1! ed(. 2"-



&ru', Philippine Political Law, p. 1)" %1! ed.(

=7



3. R!l# on -i'#- Ta@ l# (i #' %o - a $ #c ia l $! -$ o #. 0ll mone collected on an ta6 levied for a special purpose shall be treated as a special fund. Fo- !c) $!-$o# only0ll . mone collected on an ta6 levied for a special purpose shall be paid out for such purpose onl. "alanc# to t)# #n#-al %!n'. !f the purpose for which a special fund was created has been fulfilled or abandoned4 the balance4 if an4 shall be transferred to the ,eneral funds of the

Section /7 8/9 o provision or enactment shall be embraced in the ,eneral appropriations bill unless it relates specificall to some particular appropriation therein. 0n such provision or enactment shall be limited in its operation to the appropriation to which it relates. 8/% Bar Question9

Government.

Ever provision or enactment in the ,eneral appropriations bill must relate specificall to some particular appropriation therein.

F. G#n#-al A$$-o$-iation ;udget and A!!ro!riation 6ule on 6iders S!ecial A!!ro!riations ;ill 4o #rans%er o% A!!ro!riations
Ever such provision or enactment shall be limited in its opera tion to the approp riation to which it relates P!-$o#.$o prevent riders or irrelevant provisions that are included in the ,eneral appropriations bill

4. "!'#t an' A$$-o$-iation

to ensure their approval./7% P-oc#'!-# in a$$-o(in a$$-o$-iation %o- t)# Con-# 819 $he procedure in approvin, appropriations for the Con,ress shall strictl follow the procedure for approvin, appropriations for other departments and a,encies.

S#ction 3B. 8%9 $he Con,ress ma not increase the appropriations recommended b the President for the operation of the Government as specified in the bud,et. $he form4 content4 and manner of preparation of the bud,et shall be prescribed b law.

"!' #t . $he bud,et is onl a proposal4 a set of

Sa +# P- oc #' !- #. $he procedure in approvin,

recommendations on the appropriations to be made for the operations of the ,overnment. !t is used as a basis for the enactment of the ,eneral appropriations law./5'

appropriations for the Con,ress shall strictl follow the procedure for approvin, appropriations for other departments and a,encies. R#aon. $o prevent the adoption of appropriations su rosa b the Con,ress.

T)# &!'#t a a -#t-iction on a$$-o$-iation. $he Con,ress ma not increase the appropriations recommended b the President for the operation of the Government as specified in the bud,et.

. S$#cial A$$-o$-iation &ill 859 0 special appropriations bill shall specif the purpo se for whic h it is intended4 and shall be supported b funds actuall available as certified b the ational $reasurer4 or to be raised b a correspondin, revenue proposal therein. 0 special appropriations bill shall< Specif the purpose for which it is intended Be supported b funds actuall available as certified b the ational $reasurer or Be supported b funds to be raised b a

R#aon. $he reason for the above provision is the theor that the President *nows more about the needed appropriations than the le,islature ./5& Bein, responsible for the proper administration of the e6ecutive department4 the President is ordinaril the part best ;ualified to *now the ma6imum amount that the operation of his department re;uires. /7 P-# $a- ati on o% "!' #t$he . form4 content4 and manner of preparation of the bud,et shall be prescribed b law.

correspondin, revenue proposal therein. . No t-an%#- o% a$$-o$-iation

&ru', Philippine Political Law, p. 1)1 %1! ed.( &ru', Philippine Political Law, p. 1)1 %1! ed.( Sinco, Philippine Political Law, p 21) %1!"ed(.



2!1

&ru', Philippine Political Law, p. 1)2 %1! ed.(

==


879 o law shall be passed authori-in, an transfer of appropriations however4 the President4 the President of the Senate4 the Spea*er of the #ouse of )epresentatives4 the Chief +ustice of the Supreme Court4 and the heads of Constitutional Commissions ma4 b law4 be authori-ed to au,ment an item in the ,eneral appropriations law for their respective offices from savin,s in other items of their respective appropriations. 8%&&' Bar Question9 P-o) i&ition o% t-an %#-o . law shall be passed authori-in, an transfer of appropriations. R#a on . $his provision prohibits one department from transferrin, some of its funds to another department and thereb ma*e it beholden to the former to the detriment of the doctrine of separation of powers. Such transfers are also unsstematic4 besides in effect disre,ardin, the will of the le,islature that enacted the appropriation measure./7/ A! +#n ta ti on o% it #+ %- o+ a (i n . $he President4 the Senate President4 the #ouse Spea*er4 the Chief +ustice4 and the heads of Constitutional Commission ma4 b law4 be authori-ed to au,ment an item in the ,ener al appropriations law for their respective offices from savin,s in other of their respective appropriations. !n thisitems case4 there is no dan,er to the doctrine of separation of powers because the transfer is made within a department and not from one department to another ./71 E@c l! i(# li t. $he list of those who ma be authori-ed to transfer funds under this provision is e6clusive. #owever4 members of the Con,ress ma determine the necessit of reali,nment of the savin,s. 8P#!LCJS0 v. Enri;ue-9 Dic-#tiona-y %!n' Discretionar funds appropriated for particular officials shall be disbursed onl for public purposes to be supported b appropriate vouchers and sub2ect to such ,uidelines as ma be prescribed b law.

←

P!&lic P!-$o#.Discretionar funds appropriated for particular officials shall be disbursed onl for &ru', Philippine Political Law, p. 1)" %1! ed.( &ru', Philippine Political Law, p. 1)" %1! ed.(




public purposes to be supported b appropriate vouchers and sub2ect to such ,uidelines as ma be prescribed b law. R#aon.$his was thou,ht necessar in view of the man abuses committed in the past in the use of discretionar funds. !n man cases4 these funds were spent for personal purposes4 to the pre2udice and often even without the *nowled,e of the public./75 9. A!to+atic R##nact+#nt 8%&&' Bar Question9 8(9 !f4 b the end of an fiscal ear4 the Con,ress shall have failed to pass the ,eneral appropriations bill for the ensuin, fiscal ear4 the ,eneral appropriations law for precedin, fiscal ear shall be deemed reenacted and shall remain in force and effect until the ,eneral appropriations bill is passed b the Con,ress. R# a on . $his is to address a situation where Con,ress fails to enact a new ,eneral appropriations act for the incomin, fiscal ear.

III. OTHER PROHI"ITED MEASURES Appellate (urisdiction of Supreme Court +itle of Ro%alt% and No#ilit% A. A$$#llat# :!-i'iction o% S!$-#+# Co!-t S#cti on J.o law shall be passed increasin, the appellate 2urisdiction of the Supreme Court as provided in this Constitution without its advice and concurrence. Li+itati on on $ow#- o% Con-# o . law shall be passed increasin, the appellate 2urisdiction of the Supreme Court as provided in this Constitution without its advice and concurrence. SC  A'(i c# an ' Co nc !- -# nc # N# #' #'$he . Con,ress ma increase the appellate 2urisdiction of the SC but onl with its advice and concurrence. R#aon.$o prevent further additions to the present tremendous case load of the Supreme Court which includes the bac*lo, of the past decades./77 ". Titl# o% Royalty an' No&ility &ru', Philippine Political Law, p. 1)0 %1! ed.( &ru', Philippine Political Law, p. 1") %1! ed.(

=(



#. S#ction 4.o law ,rantin, a title of roalt or nobilit shall be enacted. R # a  o n . $o preserve the republican and democratic nature of our societ b prohibitin, the creation of privile,ed classes with special per;uisites not available to the rest of the citi-enr. IV. INITIATIVE AND REFERENDUM

Initiati"e and 6e%erendum initiati"e 6e%erendum S#c tion 3. $he Con,ress shall as earl as possible4 provide for a sstem of initiative and referendum4 and the e6ceptions therefrom4 whereb the people can directl propose and enact laws or approve or re2ect an act or law or part thereof passed b the Con,ress or local le,islative bod after the re,istration of a petition therefor si,ned b at least ten per centum of the total number of re,istered voters4 of which ever le,islative district must be represented b at least three per centum of the re,istered voters thereof. 4. Initiati(# an' -#%#-#n'!+ $he Con,ress shall as earl as possible4 provide for a sstem of initiative and referendum4 and the e6ceptions therefrom. P#tition.0 petition must be si,ned b at least %U of the total number of re,istered voters4 of which ever le,islative district must be represented b at least 1U of the re,istered voters thereof. $he petition must then be re,istered. RA 97 B . $he current implementin, law is )0 =(174 an 0ct Providin, for Sstem of !nitiative and )eferendum.

!nitiative on local le,islation

which refers to a petition proposin, to enact a re,ional4 provincial4 cit4 municipal or baran,a law4 resolution or ordinance. Local Ini tia ti( #.ot less than /4 re,istered voters in case of autonomous re,ions4 %4 in case of provinces and cities4 % in case of municipalities4 and 7 in case of baran,as4 ma file a petition with the )e,ional 0ss embl or local le,islative bod4 respectivel4 proposin, the adoption4 enactment4 repeal4 or amendment4 of an law4 ordinance or resolution. 8Sec. %1 )0 =(179 Li+itation on local initiati(#* $he power of local initiative shall not be e6ercised more than once a ear !nitiative shall e6tend onl to sub2ects or matters which are within the le,al matters which are within the le,al powers of the local le,islative bodies to enact !f an time before the initiative is held4 the local le,islative bod shall adopt in toto the proposition presente d4 the initiative shall be cancelled. #owever4 those a,ainst such action ma if the so desire4 appl for intitiative. 1* Petitioners filed a petition with CJ:ELEC to hold a plebiscite on their petition for an initiative to amend the Constitution b adoptin, a unicameralparliamentar form of ,overnment and b providin, for transitor provisions. A< 0n initiative to chan,e the Constitution applies onl to an amendment and not revision. )evision broadl implies a chan,e that alters basic principle in the Constitution li*e alterin, the principle of separation of powers or the sstem of chec*s and balance. $he initiative of the petitioners is a revision and not merel an amendment. 8Lambino v. CJ:ELEC9 . R#%#-#n'!+ Power of the electorate to approve or re2ect le,islation throu,h an election called for the purpose.

3. Initiati(#. $he power of the people to propose a+#n'+#nt to the Constitution or to propose and enact le,islation. T)-## yt#+ o% Initiati(#* !nitiative on the Constitution which refers to a petition proposin, amendments to the Constitution !nitiative on statutes which refers to a petition proposin, to enact a national le,islation.



Two Cla# o% R#%#-#n'!+ )eferendum on statutes which refers to a petition to approve or re2ect an act or la4 or part thereof4 passed b Con,ress )eferendum on local laws which refers to a petition to approve or re2ect a law4 resolution or ordinance enacted b re,ional assemblies and local le,islative bodies. 8Sec. /8c9 )0 =(179

P-o)i&it#' M#a!-#. $he followin, cannot be sub2ect of an initiative or referendum< Petition embracin, more than one sub2ect shall be submitted to the electorate.

='



Statutes involvin, emer,enc measures4 the enactment of which is specificall vested in Con,ress b the Constitution4 cannot be sub2ect to referendum until ninet8&9 das after their effectivit. 8Sec. % )0 =(179 1* !s the People Power reco,ni-ed in the Constitution 8%&'(4 / and /1 Bar E6aminations9 A* @People powerA is reco,ni-ed in the Constitution4 0rticle !!!4 Section 5 of the %&'( Constitution ,uarantees the ri,ht of the people peaceable to assemble and petition the ,overnment of ,rievances. 0rticle V!4 Section 1/ for of redress the %&'( Constitution re;uires Con,ress to pass a law allow in, the people to directl propose or re2ect an act or law or part of it passed b con,ress or a local le,islative bod. 0rticle T!!!4 Section %= of the %&'( Constitution provides that the ri,ht of the peopl e and their or,ani-ations to participate in all levels of social4 political4 and economic decisionma*in, shall not be abrid,ed and that the State shall4 b law4 facilitate the establishment of ade;uate consultation mechanisms. 0rticle TV!!4 Section / of the %&'( Constitution provides that sub2ect to the enactment of an implementin, law4 the people ma directl propose amendments to the Constitution throu,h initiative.



=&



E@#c!ti(# Pow#-, Sco$#

EECUTIVE DEPARTMENT

←

$he scope of power is set forth in the

Constitution specificall in 0rticle V!!.

/. E"ecutive Power ( )1 //. +he President ( E)31 ///. +he Vice:President /V. Powers of the President V. Power of Appointment ( )BE)H1 V/. Power of Control ( )1 V//. )ilitar% Powers ( )+1 V///. Power of E"ecutive Clemenc% ( )*1 /7. 'orrowin! Power ( 01 7. *orei!n Affairs Power ( )1 7/. 'ud!etar% Power ( 1 7//. Informin! Power ( 31 III$Other Powers I. EECUTIVE POWER E"ecutive Power, 2Definition3 Scope Where Vested Ceremonial *unctions E"ecutive Immunit% E"ecutive Privile!e Ca#inet

2.

#owever4 E6ecutive power is more

than the sum of specific powers enumerated in the Constitution. !t includes -#i'!al $ow#-3B7 not specificall mentioned in the Constitution. 8:arcos v. :an,lapus 8%&'&9 $he prosecution of crimes appertains to the E6ecutive Department4 whose responsibilit is to see the laws are faithfull e6ecuted. 8Webb v. De Leon9/7' B3$ the President cannot dispose of State propert unless authori-ed b law. /7& Enforcement and administration of election laws is the authorit of the CJ:ELEC./=

←

←

E@#c!ti(# Pow#-, W)#-# V#t#' $he E6ecutive power shall be vested in the P-#i'#ntof the Philippines. D. C#-#+onial F!nction H#a' o% Stat# !n a presidential sstem4 the presidenc includes man other functions than 2ust bein, e6ecutive. $he president is the Hsmbolic andI ceremonial head of the ,overnment of the HPhilippinesI./=% E. E@#c!ti(# I++!nity %-o+ !it

S#ction 4.$he E6ecutive power shall be vested in the President of the Philippines A. E@#c!ti(# Pow#- D#%inition $he e6ecutive power is the power to enforce and administer the laws.

/7=

8E0 v. C04 //9

2!)

ustice /rene &or tes in the case of Marcos v. Man&lapus *+,-, opines@ /t 0ould be inaccurate1 to state t)at 2eecutive po0er3 is t)e po0er to enforce la0s! for t)e President is )ead of State as 0ell as )ead of &overnment and 0)atever po0er in)ere in suc) positions pertain to t)e office unless t)e Constitution itself 0it))olds it .B 3.$., in his attempt to provide a comprehensive interpretation of eecutive power provides@ Eecutive po0er refers to t)e po0er of t)e President4

Rules on Immunit% durin! tenure 1. $he President is immune from suit durin, his tenure. /=/
$he incumbent President is immune from suit or from being brought to court during the period of their incumbenc+ and tenure. %/n re Saturnino *ermude',1)( $he President during his tenure of office or actual incumbenc+, ma+ not be sued in A9I civil or criminal case. /t will degrade the dignit+ of the high office of the President, the Dead of State, if he can be dragged into court litigations while serving as such.B %avid v. J8rmitaK( st

*a to eecute and admini ster la0s *b po0er enumera ted in t)e Constitution *c t)ose po0ers t)at in)ere to t)e President as )ead of state and )ead of &overnment! and *d residual po0ers.B 5Eecutive po0er refers to t)e totality of t)e President3s po0er.6

Article V//, Section 1- %1 Sentence( of the 1-# &onstitution provides@ $he President shall be immune from suit during his tenure.B $he immunit+ granted b+ the 1st sentence while the President was in office was absolute. $he intent was to give the President absolute immunit+ even for wrongdoing committed during his

According to Sinco,  Eecutive po0er refers to t)e le&al and political functions of t)e President involvin& t)e eercise of discretion. %Philippine Political Law, p.2"2 %1!" ed.( I sweat, I bleed, I soar…


(


2. #e ma be filed

impeachment complaint durin, his tenure. 80rticle T!9

#. $he President ma not be prevented from

#y!es o% 78ecuti"e -ri"ilege (4eri ". Senate1 =ariety o% 78ecuti"e -ri"ilege (Senate ". 7rmita1 Dinds o% 78ecuti"e -ri"ilege (4eri ". Senate1 7lements o% -residential Communications -ri"ilege

institutin, suit 8Soliven v. :a*asiar9

-residential Communications are -resum!ti"ely -ri"ileged

". $here is nothin, in our laws that would

78ecuti"e -ri"ilege ". -ulic Interest -ower o% In'uiry ". 78ecuti"e -ri"ilege Case
prevent the President from waivin, the privile,e. $he President ma shed the protection afforded b the privile,e. 8Soliven v. :a*asiar9 !. #eads of departments cannot invo*e the presidents? immunit 8Gloria v. C09 Rules on Immunit% after tenure ). Jnce out of office4 even before the end of the si6 ear term4 immunit for nonofficial acts is lost. Such was the case of +oseph Estrada. 8See Bernas Commentar4 p '5 8/1 ed.9 !t could not be used to shield a nonsittin, President from prosecution for alle,ed criminal acts done while sittin, in office. 8Estrada v. Disierto See )omualde- v. Sandi,anbaan9 Not #* !n David v. 0rroo4 the Court held that it is improper to implead President 0rroo as respondent. #owever4 it is well to note that in Ru#rico v$ Arro %o, :in. )es.4 G) o4 %'754 Jctober 1%4 /(4 the Supreme Court ordered the respondents4 includin, President 0rroo4 to ma*e a return of the writ< @ Lou, res!ondents -resident Maca!agal Arroyo.are herey re'uired to make a return o% the writ e%ore the Court o% A!!eals& R#aon %o- t)# P-i(il##* %. S#$ a-a tio n o% $ow #-$he . separation of powers principle is viewed as demandin, the e6ecutive?s independence from the 2udiciar4 so that the Presi dent should not be sub2ect to the 2udiciar?s whim./=1 /. P!&lic con(#ni#nc#.B reas on of public convenience4 the ,rant is to assure the e6ercise of presidential duties and functions free from an hindrance or distraction4 considerin, that the Chief E6ecutive is a 2ob that4 aside from re;uirin, all of the officeholder?s time4 also demands undivided attention (Soli"en ". Makasiar9 F. E@#c!ti(# P-i(il##

See Almonte v. VasFue'



4 D#%inition Briefl and in simplest terms4 it is the power of the President to withhold certain tpes of information from the public4 from the courts4 and from Con,ress. 3 How in(o8#' Invo&ed in relation to specific cate!ories of information. E6ecutive privile,e is properl invo*ed in relation to specific cate,ories of information and not to cate,ories of persons. 8While e6ecutive privile,e is a constitutional concept4 a clai+ thereof ma be valid or not dependin, on the ,round invo*ed to 2ustif it and the conte6t in which it is made. oticeabl absent is an reco,nition that e6ecutive officials are e6empt from the dut to disclose information b the mere fact of bein, e6ecutive officials. 8Senate v. Ermita9  W)o can in(o8# !n li,ht of this hi,hl e6cep tional natur e of the privile,e4 the Court finds it essential to limit to the P-#i'#nt the power to invo*e the privile,e. She ma of course authori-on e the S#c-#ta-y to invo*e the privile,e her E@#c!ti(# behalf4 in which case the E6ecutive Secretar must state that the authorit is B order of the President4 which means that he personall consulted with her. $he privile,e bein, an e6traordinar power4 it must be wielded onl b the hi,hest official in the e6ecutive hierarch. !n other words4 the President ma not authori-e her subordinates to e6ercise such power. 8Senate v. Ermita9 8 !t follows4 therefore4 that when an official is bein, summoned b Con,ress on a matter which4 in his own 2ud,ment4 mi,ht be covered b e6ecutive privile,e4 he must be afforded -#aona&l# ti+# to in%o-+ t)# P-#i'#nt o- t)# E@#c!ti(# S#c-#ta-y of the possible need for invo* in, the privile,e. $his is necessar in order to provide the President or the E6ecutive Secretar  with fair opportunit to consider whether the matter indeed calls for a claim of e6ecutive privile,e. !f4 after the lapse of that reasonable time4 neither the President nor the E6ecutive Secretar invo*es the privile,e4 Con,ress is no lon,er bound to respect the failure of the official to appear before Con,ress and ma then opt to avail of the necessar le,al means to compel his appearance.9 8Senate v. Ermita9

 P-i(il## Not A&ol!t# Claim of e6ecutive privile,e is sub2ect to &alancin aaint ot)#- int#-#t. !n other words4

(%



confidentialit in e6ecutive privile,e is not absolutel protecte d b the Constitution. either the doctrine of separation of powers4 nor the need for confidentialit of hi,hlevel communications4 without more4 can sustain an absolute4 un;ualified Presidential privile,e of immunit from 2udicial process under all circumstances. 8eri v. Senate9 0 claim of e6ecutive privile,e does not ,uard a,ainst a possible disclosure of a crime or wron,doin, 8eri v. Senate9 39 B Ty$# o% E@#c!ti(# P-i(il## State secrets 8re,ardin, militar4 diplomatic and

other securit matters9 !dentit of ,overnment informers !nformation related to pendin, investi,ations Presidential communications Deliberative process 9 Va-i#ty o% E@#c!ti(# P-i(il## acco-'in to T-i&# T-i&# cit#' in S#nat# (. E-+ita %.State Secrets Privile,e. that the information is of such nature that its disclosure would subvert crucial militar or diplomatic ob2ectives 8/9!nformer?s privile,e. Privile,e of the Government not to disclose the identit of persons who furnish information of violations of law to officers char,ed with the enforcement of that law. 819 General Privile,e. or internal deliberations. Said to attach to intra,overnmental documents reflectin, advisor opinions4 recommnendations and deliberations comprisin, part of a process b which ,overnmental decisions and policies formulated. 7 Two in' o% P-i(il## !n'#In re Sealed Case 2Neri v$ Senate3 Presidential Communications Privile,e Deliberative Process Privile,e

P-#i'#ntial Co++!nication P-i(il#.# Pertains to communications4 documents or other materials that reflect presidential decision ma*in, and deliberations that the President believes should remain confidential 0pplies to decision ma*in, of the President

D#li&#-ati(# P-oc# P-i(il##

!ncludes advisor opinions4 recommendations and deliberations comprisin, part of a process b which ,overnmental decisions and policies are formulated 0pplies to decision ma*in, of e6ecutive officials )ooted in the )ootedoncommon constitutional principle law privile,es 2)"

Primer on 9eri v. Senate made b+ Att+. &arlos 3edina.



of separation of powers and the President?s uni;ue constitutional role 0pplies to documents in their entiret and covers final and post decisional materials as well as predeliberative ones 6 El#+#nt o% $-#i'#ntial co++!nication $-i(il##2Neri v$ Senate3 $he protected communication must relate to a @;uintessential and nondele,able presidential power.A $he communication must be authored or @solicited and receivedA b a close advisor of the President or the President himself. $he 2udicial test is that an advisor must be in @operational pro6imitA with the President. 19 $he presidential communications privile,e remains a ;ualified privile,e that ma be overcome b a showin, of ade;uate need4 such that the information sou,ht @li*el contains important evidenceA and b the unavailabilit of the information elsewhere b an appropriate investi,atin, authorit. 5 P -#  i' # n t i a l C o ++! n i c a t i o n  a -# P-#!+$ti(#ly P-i(il##' $he presumption is based on the President?s ,enerali-ed interest in confidentialit. $he privile,e is necessar to ,uarantee the candor of presidential advisors and to $ -o (i ' # t) # P-#i'#nt a n ' t ) o  # w ) o a   i  t ) i + with freedom to e6plore alternatives in the process of shapin, policies and ma*in, decisions and to do so in a wa man would be unwillin, to e6press e6cept privatel. T) # $-# !+$tion can &# o(# -co +# only &y +#-# )owin  o% $!&lic n##' &y t)# &-anc ) ##8in acc# to con(#-ation . $he courts are en2oined to resolve the competin, interests of the political branches of the ,overnment @in the manner that preserves the essential functions of each Branch.A 666666666666666666666666666666666666666666666 4J E@#c!ti(# P-i(il## an' t)# P!&lic $he Court held that this 2urisdiction reco,ni-es the common law holdin, that there is a @,overnmental privile,e a,ainst public disclosure with respect to state secrets re,ardin, militar4 diplomatic and other national securit matters and cabinet closed door meetin,s.A 8Chave- v. PCGG9 44 Pow#- o% In!i-y (. E@#c!ti(# P-i(il## R#! i-#+#nt in in(o8in t)# $-i(il##* %o-+a l clai+ o% $-i(il##. @Con,ress has undoubtedl

(/


has a ri,ht to information from the e6ecutive branch whenever it is sou,ht in aid of le,islation. !f the e6ecutive branch withholds such information on the ,round that it is privile,ed4 it +!t o a#-t it an' tat# t)# -#aon t)#-#%o-# an' w)y it +!t &# -#$#ct#' .A 8+ustice Carpio :orales in Senate ". 7rmita9 0 formal and proper claim of e6ecutive privile,e re;uires a $#ci%ic '#ination an' '#c-i$tion o% t)# 'oc!+#nt wit)in it co$# a w#ll a $-#ci# an' c#-tain -#aon %o- $-##-(in t)#icon %i' #nt ial ity. Without this specificit4 it is impossible for a court to anal-e the claim short of disclosure of the ver thin, sou,ht to be protected. 3pon the other hand4 Con,ress must not re;uire the e6ecutive to state the reasons for the claim with such particularit as to compel disclosure of the information which the privile,e is meant to protect. 8Senate v. Ermita9 43 N#-i (. S#nat# Co++itt## "ac8-o!n'* $his case is about the Senate investi,ation of anomalies concernin, the B$E pro2ect. Durin, the hearin,s4 former ED0 head )omulo eri refused to answer certain ;uestions involvin, his conversations with President 0rroo on the ,round the are covered b e6ecutive privile,e. When the Senate cited him in contempt and ordered his arrest4 eri filed a case a,ainst the Senate with the Supreme Court. n March 9, 00+, the Su!reme Court ruled in %a"or o% 4eri and u!held the claim o% e8ecuti"e !ri"ilege. I!#* . 0re the communications sou,ht to be elicited b the three ;uestions covered b e6ecutive privile,e Did the Senate Committees commit ,rave abuse of discretion in citin, eri in contempt and orderin, his arrest R!lin* $he SC said that the communications sou,ht to be elicited b the three ;uestions are covered b the presidential communications privile,e4 which is one tpe of e6ecutive privile,e. 3sin, the elements of !residential communications !ri"ilege4 the SC is convinced that the communications elicited b the three 819 ;uestions are covered b the $-#i'#ntial co++!nication $-i(il## . *irst4 the communications relate to a @;uintessential and nondele, able powerA of the President4 i.e. the power to enter into an e6ecutive a,reement with other countries. $his authorit of the President to enter into e8ecuti"e agreements without the concurrence of the Le,islature has traditionall been reco,ni-ed in Philippine 2urisprudence. Second, the communications are @receivedA b a close advisor of the President. 3nder the @operational pro6imitA test4 petitioner can be considered a close advisor4 bein, a member of President 0rroo?s cabinet. +hird4 there is no ade;uate showin, of a compellin, need that would 2ustif the limitation of the privile,e and of the !na(aila&ilityof the information elsewhere b an appropriate investi,atin, authorit. $he record is bereft of an cate,orical e6planation from respondent Committees to show a compellin, or critical need for

Atty. ARIS S. MANGUERA the answers to the three 819 ;uestions in the enactment of a law. 8/9 Res. $he Supreme Court said that the Senate Committees committed ,rave abuse of discretion in citin, eri in contempt. $he followin, reason amon, others was ,iven b the Supreme Court< a. T)#-# wa al#iti+at# clai+ o% #@#c!ti(# $-i(il##. or the claim to be properl invo*ed4 there must be a formal claim b the President statin, the @precise and certain reasonA for preservin, confidentialit. $he ,rounds relied upon b E6ecutive Secretar Ermita are specific enou,h4 since what is re;uired is onl that an alle,ation be made @whether the information demanded involves militar or diplomatic secrets4 closeddoor Cabinet meetin,s4 etc.A $he particular ,round must onl be specified4 and the followin, statement of ,rounds b E6ecutive Secretar Ermita satisfies the re;uirement< @$he conte6t in which e6ecutive privile,e is bein, invo*ed is that the information sou,ht to be disclosed mi,ht impair our diplomatic as well as economic relations with the People?s )epublic of China.A

Co++#nt onNeri v$ Senate Att% )edina: $he rulin, e6pands the area of information that is not accessible to the public. E6ecutive privile,e can now be invo*ed in communications between his close advisors. 8See the second element in the !residential communications !ri"ilege1 'ernas: $he problem with the doctrine is4 antime the President sas @ #hat’s co"ered&4 that?s it. obod can as* anmore ;uestions. AS) ! thin* when the President sas4 @!t?s covered4A the Court can still ma*e an in;uir under the Grave 0buse Clause. $his in;uir can be done in an e6ecutive session. G. Ca&in#t 78traEconstitutional creation Com!osition -rohiitions =iceE-resident 78Eo%%icio Ca!acity -rohiited 7m!loyment -rohiited Com!ensation 4. E@t-acontit!tional c-#ation 0lthou,h the Constitution mentions the Cabinet a number of times4 the Cabinet itself as an institution is e6traconstitutionall created.

/=7

3. Co+$oition !t is essentiall consist of the heads of departments who throu,h usa,e have formed a bod of presidential adviser who meet re,ularl with the President./== . P-o)i&ition8%&'(4 %&&= Bar Question9 *ernas &ommentar+, p 0 %200# ed(.See art.- secs. #, 11 and *ernas &ommentar+, p 0 %200# ed(.



(1



80!!lies to Memers o% Cainet, their de!uties or assistants.1 3nless otherwise provided in the Constitution4 shall not hold an other emplome nt durin, their tenure. Shall not directl or indirectl practice an other profession4 participate in an business4 or be financiall interested in an contract with4 or in an franchise or special privile,e ,ranted b the ,overnment or an subdivision4 a,enc4 or instrumentalit thereof4 includin, ,overnmentowned or controlled corporations or their subsidiaries durin, their avoid tenure.conflict of interest in the 1. Strictl conduct of their office durin, their tenure. 8Section %19 . Vic#P-#i'#nt ote that the VP ma be appointed to the Cabinet4 without need of confirmation b the Commission on 0ppointments and the Secretar of +ustice is an e8 o%%icio member of the +udicial and Bar Council. 397 B. E@o%%icio ca$acity8// Bar Question9 $he prohibition must not be construed as applin, to posts occupied b the E6ecutive officials without additional compensation in an e8Eo%%icio capacit as provided b law and as re;uired b the primar functions of the said official?s office. $he reason is that the posts do not comprise @an other officeA within the contemplation of the constitutional prohibition4 but properl an imposition of additional duties and functions on said officials. $o illustrate4 the Secretar of $ransportation and Communications is the e8 o%%icio Chirman of the Board of Philippine Ports 0uthorit. $he e8 o%%icio position bein, actuall and in le,al contemplation part of the principal office4 it follows that the official concerned has no ri,ht to receive additional compensation for his services in said position. $he reason is that these services are alread paid for and covered b the compensation attached to the principal office. 8ational 0mnest Commission v. CJ04 /59

the PCGG since the PCGG answers to the President./=' 7. P-o)i&it#' Co+$#nation When an 3ndersecretar sits for a Secretar in a function from which the Secretar ma not receive additional compensation4 the prohibition on the Secretar also applies t the 3ndersecretar./=& II. T)# P-#i'#nt

Who is he @ualifications Election +erm of Office Oath of Office Privile!es Prohi#itions?Inhi#itions Vacanc% Situations Rules of Succession +emporar% Disa#ilit% Serious Illness Removal from Office A. W)o i t)# P-#i'#nt $he President is the #ead of State and the Chief E6ecutive. /( 8#e i s the e8ecuti"e1 #e is th e repositor of all e6ecutive power./(% ". 1!ali%ication Juali%ications 6eason %or Juali%ications Juali%ications are e8clusi"e 4atural ;orn 6egistered =oter Age 6egistered Juali%ication S#ction 3.o person ma be elected President unless he is a naturalborn citi-en of the Philippines4 a re,istered voter4 able to read and write4 at least fort ears of a,e on the da of the election4 and a resident of the Philippines for at least ten ears immediatel precedin, such election.

9. P-o)i&it#' E+$loy+#nt Since the Chief Presidential Le,al Counsel has the dut of ,ivin, independent and impartial le,al advice on the acti ons of the heads of various e6ecutive departments and a,encies and to review investi,ations involvin, other presidential appointees4 he ma not occup a position in an of the offices whose performance he must review. !t would involve occupin, incompatible positions. $hus he cannot be Chairman at the same time of 2)-

An e6 ofici o position is one which an official holds but is germane to the nature of the srcinal position. /t is b+ virtue of the original position that he holds the latter, therefore such is constitutional.



1!ali%ication ←

atural born citi-en of the Phils.

←

)e,istered voter

←

0ble to read write

2)

Public /nterest Group v Elma! ?. <. 9o. 1#)!, une #0, 200). 7itonio v. COA! ?.<. 9o. 1"-#2, 3arch 12, 200". *ernas Primer at 2 %200) ed.( Sinco, Philippine Political Law, p.2"0 %1!" ed.(

(5


0t least 5 ears of a,e o the da of the election 0 resident of the Philippines for at least % ears immediatel precedin, the election. 3. R#aon %o- 1!ali%ication Qualifications are prescribed for public office to ensure the proper performance of powers and duties./(/ . 1!ali%ication a-# #@cl!i(# $he above ;ualifications are e6clusive and ma not be reduced or increased b Con,ress. $he applicable rule of interpretation is e8!ression unius est e8clusio alterius./(1 . Nat!-al "o-n Jne who is a citi-en of the Philippines from birth without havin, to perform an act to ac;uire or perfect his Philippine citi-enship. 80rticle !V4 Section /9 0n ille,itimate child of an 0merican mother and a ilipino father is a natural born ilipino citi-en if paternit is clearl proved. #ence such person would be ;ualified to run for President. $his was the case of ernando Poe4 +r. 8$ecson v. CJ:ELEC9 B. R#it#-#' Vot#Possession of the ;ualifications for suffra,e as enumerated in 0rticle V4 Section %. 9. A# $he a,e ;ualification must be possessed @on the da of the election for PresidentA that is4 on the da set b law on which the votes are cast. /(5 7. R#i'#nc# 1!ali%ication $he ob2ec t bein, to ensure clos e touch b the President with the countr of which he is to be the hi,hest official and familiarit with its conditions and problems4 the better for him to dischar,e his duties effectivel./(7 C. El#ction 6egular 7lection S!ecial 7lection Congress as Can"assing ;oard ho will e -roclaimed -residential 7lectoral #riunal S # c t i o n  . $he President and the Vice President shall be elected b direct vote of the people for a term of si6 ears which shall be,in &ru', Philippine Political Law, p. 1-" %1! ed(. &ru', Philippine Political Law, p. 1-" %1! ed(. *ernas &ommentar+, p 0 %200# ed(. &ru', Philippine Political Law, p. 1-! %1! ed(.




at noon on the thirtieth da of +une ne6t followin, the da of the election and shall end at noon of the same date si6 ears thereafter. $he Presi dent shall not be eli,ible for an reelection. o person who has succeeded as President and has served as such for more than four ears shall be ;ualified for election to the same office at an time. o VicePresident shall serve for more than two successive terms. Voluntar renunciation of the office for an len,th of time shall not be considered as an interruption in the continuit of the service for the full term for which he was elected.

3nless otherwise provided b law4 the re,ular election for President and VicePresident shall be held on the second :onda of :a. $he returns of ever election for President and VicePresident4 dul certified b the board of canvassers of each province or cit4 shall be transmitted to the Con,ress4 directed to the President of the Senate. 3pon receipt of the certificates of canvass4 the President of the Senate shall4 not later than thirt das after the da of the election4 open all the certificates in the presence of the Senate and the #ouse of )epresentatives in 2oint public session4 and the Con,ress4 upon determination of the authenticit and due e6ecution thereof in the manner provided b law4 canvass the votes. $he person havin, the hi,hest number of votes shall be proclaimed elected4 but in case two or more shall have an e;ual and hi,hest number of votes4 one of them shall forthwith be chosen b the vote of a ma2orit of all the :embers of both #ouses of the Con,ress4 votin, separatel. $he Con,ress shall promul,ate its rules for the canvassin, of the certificates. $he Supreme Court4 sittin, en banc4 shall be the sole 2ud,e of all contests relatin, to the election4 returns4 and ;ualifications of the President or VicePresident4 and ma promul,ate its rules for the purpose. 4. R#!la- El#ction $he President 8and VicePresident9 shall be elected b 'i- #ct (ot #of the people. 3nless otherwise provided b law4 the re,ular election for President 8and VicePresident9 shall be held on the #con' Mon'ay o% May . S$#cial El#ction8
(7



election4 open all the certificates in the presence of the Senate and the #ouse of )epresentatives in /oint $!&lic #ion 4 and t)# Con-#, !$on '# t# -+in at io n o% t) # a! t) #n ti ci ty an ' '! # #@#c!tion t)#-#o% in t)# +ann#- $-o(i'#' &y l a w , canvass t)# (ot #. $he Con,ress shall promul,ate its rules for the canvassin, of the certificates.

Con,ress ma continue the canvass even after the final ad2ournment of its session. $he final ad2ournment of Con,ress does not terminate an unfinished presidential canvass. 0d2ournment terminates le,islation but not the nonl#ilati(# %!nction o% Con-# !c) a can(ain o% (ot#. 8Pimentel v. +oint Committee of Con,ress4 /59

I t)# %!nction o% Con-# +#-#ly +init#-ial0 ;ernas: $he function of Con,ress is not merel ministerial. !t has authorit to e6amine the

. W)o will &# $-oclai+#' $he person havin, the hi,hest number of votes shall be proclaimed elected4 but in case two or more shall have an e;ual and hi,hest number of

certificatesor of canvass for authenticit e6ecution. this purpose4 Con,ress and mustdue pass a law ,overnin, their canvassin, of votes./(= Cru>: 0s the canvass is re,arded merel as a ministerial function4 the Con,ress shall not have the power to in;uire into or decide ;uestions of alle,ed irre,ularities in the conduct of the election contest. ormall4 as lon, as the election returns are dul certified and appear to be authentic4 the Con,ress shall have no dut but to canvass the same and to proclaim as elected the person receivin, the hi,hest number of votes./(( 2ustice Car!io Moral es: $his dut has been characteri-ed as bein, ministerial and

votes4 one of them shall forthwith be chosen b the vote of a ma2orit of all the :embers of both #ouses of the Con,ress4 votin, separatel. B. P-#i'#ntial El#cto-al T-i&!nal

$he Supreme Court4 sittin, en banc4 shall be the ol# /!'# of all contests relatin, to the election, returns, and 'uali%ications of the President or VicePresident4 and ma promul,ate its rules for the purpose. Q< Can Susan )oces4 widow of ernando Poe. +r4 intervene and"or substitute for him4 assumin, ar,uendo that the protest could survive his death 0< o. $he fundamental rule applicable in a presidential election protest is )ule %5 of the PE$ )ules. !t provides that onl the / nd and 1 rd placer ma contest the election. $he )ule effectivel e6cludes the widow of a losin, candidate./(& 8ernando Poe v. 0rroo9

e6ecutive.+ Vali'ity o% :oint Con-#ional Co++itt##. Con,ress ma validl dele,ate the initial determination of the authenticit and due e6ecution of the certificates of canvass to a +oint Con,ressional Committee so lon, as the decisions and final report of the said Committee shall be sub2ect to the appro val of the 2oint session of Both #ouses of Con,ress votin, separatel. 8Lope- v. Senate4 /59

$he validit4 authenticit and correctness of the SJVs and CJCs are under the $ribunal?s 2urisdiction. $he constitutional function as well as the power and the dut to be the sole 2ud,e of all contests relatin, to election4 returns and ;ualification of President and VicePresident is e6pressl vested in the PE$ in Section 5 0rticle V!! of the Constitution. !ncluded therein is the dut to correct manifest errors in the SJVs and CJCs. 8Le,arda v. De Castro4 /79

C O M E L E C . $here is no constitutional or statutor basis for CJ:ELEC to underta*e a separate and @unofficialA tabulation of result whether manuall or electronicall. !f Comelec is proscribed from conductin, an official canvass of the votes cast for the President and Vice President4 the Comelec is4 with more reason4 prohibited from ma*in, an @unofficialA canvass of said votes. 8Brilantes v. Comelec4 /59

Q< 0fter idel )amos was declared President4 defeated candidate :iriam Defensor Santia,o filed an election protest with the SC. Subse;uentl4 while the case is pendin,4 she ran for the office of Senator and4 havin, been declared elected4 assumed office as Senator. What happens to her election protest 0< #er protest is deemed abandoned with her election and assumption of office as Senator.

$he proclamation of presidential and vice presidential winners is a function of Con,ress and not of Comelec 8:acalintal v. CJ:ELEC9

*ernas Primer at 2# %200) ed.( &ru', Philippine Political Law, p. 1-) %1! ed(.

Separate :pinion of ustice &arpio 3ora les in Pimentel v. $oint Committee%une 22, 200"( citing Lope' v. $oas, 1- S&


8Defensor Santia,o v. )amos9 D. T#-+ o% O%%ic# 2-

"ernando Poe! 8r. v. Arroyo!P.8.$. &AS8 9o. 002. 3arch 2, 200!.

(=


9 y#a - . $he President 8and the VicePresident9 shall be elected b direct vote of the people for a term of si6 ears. Noon o% :!n# J. $erm hall be,in at noon on the thirtieth da of +une ne6t followin, the da of the election and shall end at noon of the same date si6 ears thereafter. No -##l#ction.$he President shall not be eli,ible for an reelection. o person who has succeeded as President and has served as such for more than four ears shall be ;ualified for elect ion to the same office at an time. R#ao n %o- $-o)i&i tion on any -##l#cti on %oP-#i'#ncy. !t was thou,ht that the elimination of the prospect of reelection would ma*e for a more independent President capable of ma*in, correct even unpopular decisions. /' #e is e6pected to devote his attention durin , his lone term to the proper dischar,e of his office instead of usin, its per;uisites to ensure his remainin, therein for another term./'% E. Oat) o% O%%ic# S#ction B. Before the enter on the e6ecution of their office4 the President4 the VicePresident4 or the 0ctin, President shall ta*e the followin, oath or affirmation< @I do%aith%ully solemnly swear (or a%%irm1 that will and conscientiously %ul%illI my duties as -resident (or =iceE -resident or Acting -resident1 o% the -hili!!ines, !reser"e and de%end its Constitution, e8ecute its laws, do @ustice to e"ery man, and consecrate mysel% to the ser"ice o% the 4ation. So hel! me 5od.A 8!n case of affirmation4 last sentence will be omitted.9 Oa t) . $he oath is not a source of substantive power but is merel intended to deepen the sense of responsibilit of the President and ensure a more conscientious dischar,e of his office./'/ F. P-i(il## Jfficial )esidence Salar !mmunit from suit


S#ction 9. $he President shall have an official residence. $he salaries of the President and VicePresident shall be determined b law and shall not be decreased durin, their tenure. o increase in said compensation shall ta*e effect until after the e6piration of the term of the incumbent durin, which such increase was approved. $he shall not receive durin, their tenure an other emolument from the Government or an other source. 4. O%%icial R#i'#nc# $he President shall have an official residence. 3. Sala-y $he salaries of the President and VicePresident shall be determined b law and shall not be decreased durin, their tenure. $he initial salar  of the President is 14 per ear. 80rticle TV!!! Section %(9 No inc -#a # '!-in t)#i-term. o increase in said compensation shall ta*e effect until after the e6piration of the term of the incum bent durin, which such increase was approved. No a''itional #+ol!+#nt '!-in t)#itenure$ $he shall not receive durin, their tenure an other emolument from the Government or an other source. . I++!nity %-o+ S!it 8
*ernas &ommentar+, p 12 %200# ed(. &ru', Philippine Political Law, p. 1-- %1! ed(. &ru', Philippine Political Law, p. 1# %1! ed(.



P-o)i&ition* Shall not receive increase compensation durin, the

term

of

the

((



incumbent durin, which such increase was approved. 8sec =9

practice of Cabinet members occupin, seats in the boards of directors of affluent corporations owned or controlled b the ,overnment from which the derived substantial income in addition to their re,ular salaries. $he second para,raph of Section %1 is intended as a ,uarantee a,ainst nepotism. /'7

Shall not receive an other emoluments from the ,overnment or an other source durin, their tenure. 8sec =9 3nless otherwise provided in

the Constitution4 shall not hold an other emploment durin, their tenure.

H. Vacancy

".

Shall not directl or indirectl practice an other professi on4 participate in an business4 or be financiall interested in an contract with4 or in an franchise or special privile,e ,ranted b the ,overnment or

S#ction 7. $he Presidentelect and the VicePresident elect shall assume office at the be,innin, of their terms. !f the Presidentelect fails to ;ualif4 the VicePresident elect shall act as President until the Presidentelect shall have ;ualified. !f a President shall not have been chosen4 the Vice President elect shall act as President until a President shall have been chosen and ;ualified. !f at the be,innin, of the term of the President4 the Presidentelect shall have died or shall have become permanentl disabled4 the VicePresidentelect shall become President. Where no President and VicePresident shall have been chosen or shall have ;ualified4 or where both shall have died or become permanentl disabled4 the President of the Senate or4 in case of his inabilit4 the Spea*er of the #ouse of )epresentatives shall act as President until a President or a VicePresident shall have been chosen and ;ualified. $he Con,ress shall4 b law4 provide for the manner in which one who is to act as President shall be selected until a President or a VicePresident shall have ;ualified4 in case of death4 permanent disabili t4 or inabilit of the officials mentioned in the ne6t precedin, para,raph.

an subdivision4 or instrumentalit thereof4 includin,a,enc4 ,overnmentowned or controlled corporations or their subsidiaries durin, their tenure. Strictl avoid conflict of interest in the conduct of their office durin, their tenure. :a not appoint spouse or relatives b consan,uinit or affinit within the fourth civil de,ree as :ember of Constitutional Commissions or the Jffice of the Jmbudsman4 or as Secretaries4 3nder Secretaries4 chairmen or heads of bureaus or offices4 includin, ,overnmentowned or controlled corporations and their subsidiaries. 4ote: 4os. )EH ao"e a!!lies to the -resident. )E9 a!!lies to the =iceE-resident. 3E9 a!!lies to Memers o% Cainet, their de!uties or assistants. P-o) i&ition aain t inc-#a# o% co+$#nat ion '!-in t#n!-#.$he prohibition a,ainst the chan,e of their salar either b reduction or increase durin, their term is meant to prevent the le,islature from @wea*enin, the fortitude b appealin, to their avarice or corruptin, their inte,rit b operatin, on their necessities. /'1

S#ction 6. !n case of death4 permanent disabilit4 removal from office4 resi,nation of the President4 the VicePresident shall or become the President to serve the une6pired term. !n case of death4 permanent disabilit4 removal from office4 or resi,nation of both the President and VicePresident4 the President of the Senate or4 in case of his inabilit4 the Spea*er of the #ouse of )epresentatives4 shall then act as President until the President or VicePresident shall have been elected and ;ualified. $he Con,ress shall4 b law4 provide who shall serve as President in case of death4 permanent disabili t4 or resi,nation of the 0ctin, President. #e shall serve until the President or the VicePresident shall have been elected and ;uali fied4 and be sub2ect to the same restrictions of powers and dis;ualifications as the 0ctin, President.

E+ol!+#n t. $he emoluments which the ma not receive durin, their tenure from the ,overnment or an other source 8that is4 private9 refers to an compensation received for services rendered or form possession of an office. $his means that the President cannot accept other emploment elsewhere4 whether in the ,overnment or in the private sector4 and must confine himself to the duties of his office./'5 R#ao n %o- In)i&ition !n'#- S#ctio n 4. $he inhibitions are in line with the principle that a public office is a public trust and should not be abused for personal advanta,e. Jfficers mention under Section %1 8e6cept the VP who ma be appointed to the Cabinet9 are inhibited from holdin, an other office or emploment in the ,overnment durin,

S#ction 4J. $he Con,ress shall4 at ten o?cloc* in the mornin, of the third da after the vacanc in the offices of the President and VicePresident occurs4 convene in accordance with its rules without need of a call and within seven das enact a law callin, for a special election to elect a President and a Vice President to be held not earlier than fortfive das nor later than

their tenure. $his will discontinue the lucrative

si6t das from the time of such call. $he bill callin, such special election shall be deemed certified under para,raph /4 Section /=4 0rticle V! of this Constitution and shall become law upon its approval on third

&ru', Philippine Political Law, p. 1# %1! ed(. &ru', Philippine Political Law, p. 1# %1! ed(. 2!



&ru', Philippine Political Law, p. 1! %1! ed(.

('



readin, b the Con,ress. 0ppropriations for the special election shall be char,ed a,ainst an current appropriations and shall be e6empt from the re;uirements of para,raph 54 Section /74 0rticle V! of this Constitution. $he convenin, of the Con,ress cannot be suspended nor the special election postponed. o special election shall be called if the vacanc occurs within ei,hteen months before the date of the ne6t presidential election.

Vacancy Sit!ation* Vacanc that occurs at the start of the term 8Sec (9 Vacanc that occurs in midterm 8Sec '9 1. Vacanc in both the presidenc and vice presidenc. 8Section %9 Vacancy Sit!ation !n'#- S#ction 7* (#he "acancy situations here occur a%ter the o%%ice has een initially %illed.1 When a President has been chosen but fails to ;ualif at the be,innin, of his term When no President has et been chosen at the time he is supposed to assume office. When the Presidentelect dies or is permanentl incapacitated before the be,innin, of his term When both the President and VicePresident have not et been chosen or have failed to ;ualif When both shall have died or become permanentl incapacitated at the start of the term. When the Senate President and the Spea*er of the #ouse shall have died or shall have become permanentl incapaci tated4 or are unable to assume office. Vacancy Sit!ation !n'#- S#ction 6 8=acancy that occurs in midEterm1 When the incumbent President dies or is permanentl disabled4 is removed or resi,ns. When both the President and the VicePresident die4 or are permanentl disabled4 are removed4 or resi,n. 1. When the 0ctin, President dies4 or is permanentl incapacitated4 is removed or resi,ns. I. R!l# o% S!cc#ion S#ction 7 R # a  o n % o - Va c a n c y

S! c c #  i o n

%. When a President has $he VicePresident becomes actin, President been chosen but fails to until a President ;ualifies ;ualif at the be,innin, of his term /. When no President has been chosen at the time heet is supposed to assume office. 1. When the Presidentelect

VicePresident


elect

dies or is permanentl becomes President incapacitated before t he be,innin, of his term 5. When both the President $he Senate President or the Spea*er in that order and VicePresident have not acts as President until a et been chosen or have President or Vice failed to ;ualif

President ;ualifies. 7. When both shall have died or become permanentl incapacitated at the start of the term. When the Senate Con,ress will decide b law who will act as President and the Spea*er of the #ouse have shall shall have died become or President until a President permanentl incapacitated4 or are unable to assume office.

S#ction 6 R#aon %o- Vacancy

or

VicePresident

have been ;ualified.

elected

shall and

S ! c c #   i on

%. When the incumbent $he vacanc created is President dies or is thus permanent. $he Vice becomes permanentl disabled4 is President removed or resi,ns. President. /. When both the President $he Senate President or the Spea*erin that order and the VicePresident die4 or shall act as President until are permanentl disabled4 are removed4 or resi,n. a President of Vice

1. When the 0ctin, President dies4 or is permanentl incapacitated4 is removed or resi,ns.

President shall have been ;ualified. Con,ress will determine b law who will act as President until a new Vice President or President shall have ;ualified.

R#ination.!n 7strada ". Maca!agalEArroyo4 the SC throu,h +ustice Puno 8+ain o$inion 9 declared that the resi,nation of President Estrada could not be doubted as confirmed b his leavin, :alacanan,. $he SC declared that the elements of a valid resi,nation are 8%9 intent to resi,n and 8/9 act of relin;uishment. Both were present when President Estrada left the Palace. +ustice Puno anchored his opinion mainl on the letter of Estrada and on the diar of ES Ed,ardo 0n,ara. P#-+an#nt Dia&ility!n . 7strada ". Maca!agalE Arroyo4 +ustice Bellosillo anchored his concurrence on permanent disabilit. #e opined that permanent disabilit as contemplated b the Constitution does not refer onl to phsical or mental incapacit4 but must li*ewise cover other %orms o% inca!acities o% a !ermanent nature, e.,. functional disa#ilit%$ #e views Estrada?s disabilit in 8a9 ob2ective and 8b9 sub2ective perspectives. @ecti"e A!!roach. @Without people4 an effectivel functionin, cabinet4 the militar and the police4 with no reco,nition from Con,ress and the international communit4 HEstradaI had absolutel no support

(&



from and control of the bureaucrac from within and from without. !n fact he had no more functionin, ,overnment to spea* of. !t is in this conte6t that HEstradaI was deemed absolutel unable to e6ercise or dischar,e the powers4 duties and prero,atives of the Presidenc. Su@ecti"e A!!roach. HEstrada?sI contemporaneous acts and statements durin, and after the critical episode are elo;uent proofs of his impliedbut nevertheless une;uivocalac*nowled,ment of the permanence of his disabilit. Co++#nt on Et-a'a (. Maca$aalA--oyo

;ernas: sum4 1form 2ustices Vitu, and Pardo9 accepted!n some of 8Puno4 resi,nation / 2sutices 8:endo-a and Bellosillo9 saw permanent disabilit 1 2ustices 8Mapuna4 Rners Santia,o and Sandoval Gutierre-9 accepted the presidenc of 0rroo as an irreversible fact. 7 2ustices 8Quisumbin,4 :elo4 Buena4 De Leon and ,on-a,a)ees9 si,ned the decision without e6pressin, an opinion. Davide and Pan,aniban abstained. !n the li,ht of all this4 it i not cl#a- w)at 'oct-in# wa #ta&li)#' &y /'= t)# '#ciion. When the Senate President or Spea*er becomes 0ctin, President4 he does not lose the Senate presidenc or the spea*ership./'( S#ction 4J Ca ll no t n# #' #' . $he Con,ress shall4 at ten o?cloc* in the mornin, of the third da after the vacanc in the offices of the President and Vice President occurs4 convene in accordance with its rules without need of a call and within seven das enact a law callin, for a special election to elect a President and a VicePresident to be held not earlier than fortfive das nor later than si6t das from the time of such call. "ill '##+#' c#-ti%i#'. $he bill callin, such special election shall be deemed certified under para,raph /4 Section /=4 0rticle V% of this Constitution and shall become law upon its approval on third readin, b the Con,ress. A$$-o$ -ia tio n. 0ppropriations for the special election shall be char,ed a,ainst an current appropriations and shall be e6empt from the re;uirements of para,raph 54 Section /74 0rticle V% of this Constitution. No !$#nion o- $ot$on#+#nt. $he convenin, of the Con,re ss canno t be suspended nor the special election postponed.

2) 2-


No $#cial #l#ction. o special election shall be called if the vacanc occurs within ei,hteen months before the date of the ne6t presidential election. :. T#+$o-a-y Dia&ility S#ction 44. Whenever the President transmits to the President of the Senate and the Spea*er of the #ouse of )epresentatives his written declarat ion that he is unable to dischar,e the powers and duties of his office4 and until he transmits to them a written declaration to the contrar4 such powers and duties shall be dischar,ed b the VicePresident as 0ctin, President. Whenever a ma2orit of all the :embers of the Cabinet transmit to the President of the Sena te and to the Spea*er of the #ouse of )epresentatives their written declaration that the President is unable to dischar,e the powers and duties of his office4 the VicePresident shall immediatel assume the powers and duties of the office as 0ctin, President. $hereafter4 when the President transmits to the President of the Senate and to the Spea*er of the #ouse of )epresentatives his written declaration that no inabilit e6ists4 he shall reassume the powers and duties of his office. :eanwhile4 should a ma2orit of all the :embers of the Cabinet transmit within five das to the President of the Senate and to the Spea*er of the #ouse of )epresentatives their written declaration that the President is unable to dischar,e the powers and duties of his offic e4 the Con,ress shall decide the issue. or that purpose4 the Con,ress shall convene4 if it is not in session4 within fortei,ht hours4 in accordance with its rules and without need of call. !f the Con,ress4 within ten das after receipt of the last written declaration4 or4 if not in session4 within twelve das after it is re;uired to assemble4 determines b a twothirds vote of both #ouses4 votin, separatel4 that the President is unable to dischar,e the powers and duties of his office4 the Vice President shall act as President otherwise4 the President shall continue e6ercisin, the powers and duties of his office.

. S#-io! Illn# Section %/. !n case of serious illness of the President4 the public shall be informed of the state of his health. $he membe rs of the Cabin et in char,e of national securit and forei,n relations and the Chief of Staff of the 0rm ed orces of the Philippines4 shall not be denied access to the President durin, such illness.

Section %/ envisions not 2ust illness which incapacitates but also an serious illness which can be a matter of national concern. /'' R#ao n %o- in%o-+in  t)# $!&lic. $o ,uarantee the people?s ri,ht to *now about the state of President?s health4 contrar to secretive practice in totalitarian re,imes./'& W)o )a t)# '!ty to in%o-+ $he 0 section does not specif the officer on whom the dut devolves.

*ernas &ommentar+, p 2- %200# ed(. *ernas Primer at 2 %200) ed.(



*ernas Primer at #00 %200) ed.( *ernas &ommentar+, p #2 %200# ed(.

'


!t is understood that the Jffice of the President would be responsible for ma*in, the disclosure.


P-o)i&ition an' In)i&ition

R#aon o% t)# acc#.$o allow the President to ma*e the important decisions in those areas of

Shall not receive increase compensation durin, the term of the incumbent durin, which such increase was approved. 8sec =9 Shall not receive an other emoluments from the ,overnment or an other source durin, their tenure. 8sec =9 3nless otherwise provided in the Constitution4 shall not hold an other emploment durin, their tenure. 5. Shall not directl or indirectl practice an other profession4 participate in an business4 or be financiall interested in an contract with4 or in an franchise or special privile,e ,ranted b the ,overnment or an subdivision4 a,enc4 or instrumentalit thereof4 includin, ,overnmentowned or controlled corporations or their subsidiaries durin, their tenure. ←

/&

,overnment.

L. R#+o(al %-o+ O%%ic# Way o% -#+o(al %-o+ o%%ic#* B !mpeachment B People Power B Millin, the President 8e.,. 0ssassination9/&%

%9umber 2 is etra constitutional and 9umber # is illegal. asm(. %*ut for purposes of eaminations, answer number 1 onl+(

(Im!eachment will e discussed under Article FI1 III. T)# Vic# P-#i'#nt Who is the Vice:President @ualifications, Election, +erm of Office Oath of Office Prohi#itions?Inhi#itions Vacanc% Removal from Office Appointment to Ca#inet

7. Strictl avoid conflict of interest in the conduct of their office durin, their tenure. 8Section %19 E. Vacancy in t)# Vic#P-#i'#ncy

A. W)o i t)# Vic#P-#i'#nt #is function is to be on hand to act as President when needed or to succeed to the presidenc in case of a permanent vacanc in the office. $he President ma also appoint him as a :ember of the Cabinet. Such appointment does not need the consent of the Commission on 0ppointments./&/

S#ction 5. Whenever there is a vacanc in the Jffice of the VicePresident durin, the term for which he was elected4 the President shall nominate a Vice President from amon, the :embers of the Senate and the #ouse of )epresentatives who shall assume office upon confirmation b a ma2orit vote of all the :embers of both #ouses of the Con,ress4 votin, separatel.

F. R#+o(al %-o+ O%%ic#

". 1!ali%ication, El#ction, T#-+ o% O%%ic# S#ction . $here shall be a VicePresident who shall have the same ;ualifications and term of office and be elected with and in the same manner as the President. 666

#e ma be removed from office in the same manner as the President. 8Section 19 F. A$$oint+#nt to Ca&in#t $he VicePresident ma be appointed as a :ember of the Cabinet. Such appointment re;uires no confirmation. 8Section 19

o VicePresident shall serve for more than two successive terms. Voluntar renunciation of the office for an len,th of time shall not be considered as an interruption in the continuit of the service for the full term for which he was elected. 8Section 59

+ustice Cru- submits that the VicePresident ma not receive additional compensation as member of Cabinet because of the absolute prohibition in Section 1 of 0rticle V!!./&1

C. Oat) o% O%%ic# Same as the President. See Section 7.

IV. POWERS OF THE PRESIDENT

Contit!tional Pow#- o% t)# P-#i'#nt %. E6ecutive Power /. Power of 0ppointment 1. Power of Control

21 20 *ernas &ommentar+, p #2 %200# ed(.

9umber 2 is etra constitutional and 9umber # is illegal. 6asm

22

*ernas Primer at 21 %200) ed.( 2#



&ru', Philippine Political Law, p. 1# %1! ed(.

'%



:ilitar Powers Pardonin, Power Borrowin, Power Diplomatic Power Bud,etar Power !nformin, Power Jther Powers Call Con,ress to a Special Session 8art =4 sec %79

←

Power to approve or veto bills 8art = sec /(9

←

←

$o

consent

to

deputation

of

,overnment b the Commission on Elections personnel 8art %&C sec /8599 $o discipline such deputies 8art %&C sec /8'99 Emer,enc powers b dele,ation from Con,ress 8art = sec /18/99 $ariff Powers b dele,ation from Con,ress 8art = sec /'8/99 General Supervision over local ,overnments and autonomous re,ional ,overnments 8art %9 V. Pow#- o% A$$oint+#nt Definition of Appointment Nature of Power of Appointment Classification of Appointment 9inds of Presidential Appointment Scope of Appointin! Power

Appointments needin! Confirmation of CA Officials Who are to #e Appointed #% the President Steps in the Appointin! Process Appointment of Officers -ower in Ran& -imitations on the Presidents Appointin! power Power of Removal S#ction 49 . $he President shall nominate and4 with the consent of the Commission on 0ppointments4 appoint the heads of the e6ecutive departments4 ambassadors4 other public ministers and consuls4 or officers of the armed forces from the ran* of colonel or naval captain4 and other officers whose appointments are vested in him in this Constitution. #e shall also appoint all other officers of the Government whose appointments are not otherwise provided for b law4 and thos e whom he ma be auth ori-ed b law to appoint. $he Con,ress ma4 b law4 vest the appointment of other officers lower in ran* in the President alone 4 in the cour ts4 or in the heads of departments4 a,encies4 commissions4 or boards. $he President shall have the power to ma*e appointments durin, the recess of the Con,ress4 whether voluntar or compulsor4 but such appointments shall be effective onl until disapproval b the Commission on 0ppointments or until the ne6t ad2ournment of the Con,ress.

A. D#%inition o% A$$oint+#nt D#%inition o% A$$oint+#nt . 0ppointment is the selection4 b the authorit vested with the power4 of I sweat, I bleed, I soar…


an individual who is to e6ercise the functions of a ,iven office./&5 !t is distin,uished from desi!nation in that the latter simpl means the imposition of additional duties4 usuall b law4 on a person alread in the public service. !t is also different from the commission in that the latter is the written evidence of the appointment. ". Nat!-# o% Pow#- o% A$$oint+#nt E6ecutive in ature ondele,abilit ecessit of Discretion 4. E@#c!ti(# in Nat!-# 0ppointin, power is e6ecutive in nature. 8Government v. Sprin,er9 !ndeed4 the fillin, up of an office created b law is the implementation or e6ecution of law./&7 0lthou,h4 intrinsicall e6ecutive and therefore pertainin, mainl to the President4 the appointin, power ma be e6ercised b the le,islature and b the 2udiciar4 as well as the Constitutional Commissions4 over their own respective personnel 8See art = sec %= 8last sentence94 0rticle V!!! etc.9 I+$licat ion . Since appointment to office is an e6ecutive function4 the clear implication is that the le,islature ma not usurp such function. $he le,islature ma create an office and prescribe the ;ualifications of the person who ma hold the office4 but it ma neither specif who shall be appointed to such office nor actuall appoint him./&=

3. Non'#l#a&ility. *acts< $he :inister of $ourism desi,nate petitioner as ,eneral mana,er of the Philippine $ourism 0uthorit. When a new Secretar of $ourism was appointed4 the President desi,nated HhimI as a ,eneral mana,er of the P$0 on the ,round that the desi,nation of petitioner was invalid since it is not made b the President as provided for in PD 7=5. Petitioner claimed that his removal was without 2ust cause. .eld< $he appointment or desi,nation of petitioner b the :inister of $ourism is invalid. !t involves the e6ercise of discretion4 which cannot be dele,ated. Even if it be assumed that the power could be e6ercised b the :inister of $ourism4 it could be recalled b the President4 for the desi,nation was provisional./&( 8Binamira v. Garrucho9

. N#c#ity o% Dic-#tion Discretion is an indispensable part in the e6ercise of power of appointment. Con,ress ma not4 therefore4 enact a statute which would deprive the President of the full use of his discretion in the nomination and appointment of persons to an public office. $hus it has been held that a statute &ru', Philippine Political Law, p. 1 %1! ed(. *ernas &ommentar+, p # %200# ed(. *ernas Primer at #0! %200) ed.( acinto imene', Political Law &ompendium, p.#1# %200) ed.(

'/


unlawfull limits e6ecutive discretion in appointments when it provides for the drawin, of lots as a means to determine the districts to which 2ud,es of first instance should be assi,ned b the Chief E6ecutive./&' Con,ress ma not limit the President?s choice to one because it will be an encroachment on the Prero,ative of the President./&& 0ppointment is essentiall a discretionar power and must be performed b the officer in which it is vested accordin, to his best li,hts4 the onl condition bein, that the appointee4 if issued a permanent appointment4 should possess the minimum ;ualification re;uirements4 includin, the Civil Service eli,ibilit prescribed b law for the position. $his discretion also includes the determination of the nature or character of the appointment4 i.e.4 whether the appointment is temporar or permanent. 1 $he power to appoint includes the power to decide who amon, various choices is best ;ualified provided that the person chosen has the ;ualification provided b law.1% Even the ne6tin ran* rule of the Civil Service Code cannot be read as bindin, the appointin, authorit to choose the first in the order of ran* when two or more possess the re;uisite ;ualifications.1/ Q< $he )evised 0dministrative Code of %&'( provides4 @ All !ro"incial and city !rosecutors and their assistants shall e a!!ointed y the -resident u!on the recommendation o% the Secretary.& !s the absence of recommendation of the Secretar of +ustice to the President fatal to the appointment of a prosecutor 0< 0ppointment calls for discretion on the part of the appointin, authorit. $he power to appoint prosecutors is ,iven to the President. $he Secretar of +ustice is under the control of the President. #ence4 the law must be read simpl as allowin, the Secretar of +ustice to advice the President. 8Bermude- v. Secretar4 %&&&9 C. Clai%ication o% A$$oint+#nt 8%&&5 Bar Question9 Permanent $emporar )e,ular 0d !nterim ←

P#-+an#nt8/1 Bar Question9

Sinco, Philippine Political Law, p 2-2 %1!"ed(. Clores v. rilon, 22# S&

Permanent appointments are those e6tended to persons possessin, eli,ibilit and are thus protected b the constitutional ,uarantee of securit of tenure. 11 3. T#+$o-a-y8/1 Bar Question9 $emporar appointments are ,iven to persons without such eli,ibilit4 revocable at will and without the necessit of 2ust cause or a valid investi,ation15 made on the under standin, that the appoi ntin, power has not et decided on a permanent appointee and that the temporar appointee ma be replaced at an time a permanent choice is made. Not !&/#ct to CA con%i-+ation. 0 temporar appointment and a desi,nation are not sub2ect to confirmation b the Commission on 0ppointments. Such confirmation4 if ,iven erroneousl4 will not ma*e the incumbent a permanent appointee. 8Valencia v. Peralta9 . R#!la0 re,ular appointment is one made b the President while Con,ress is in session ta*es effect onl after confirmation b the Commission on 0ppointments4 and once approved4 continues until the end of the term of the appointee. . A' Int#-i+8%&&%4 %&&5 Bar Question9 0n ad interim appointment is one made b the President while Con,ress is not in session ta*es effect immediatel4 but ceases to be valid if disapproved b the Commission on 0ppointments or upon the the ne6tad ad2ournment of Con,ress. !n the latter case4 interim appointment is deemed @bpassedA throu,h inaction. $he ad interim appointment is intended to prevent interruptions in vital ,overnment services that would otherwise result form prolon,ed vacancies in ,overnment offices. A' int #-i+ a$$ oint +#n t i a $#- +an #nt a$$oint +#nt. !t is a permanent appointment because it ta*es effect immediatel and can no lon,er be withdrawn b the President once the appointee ;ualified into office. $he fact that it is sub2ect to confirmation b the Commission on 0ppointments does not alter its permanent character. 8:atiba, v. Benipao4 //9

A' int#-i+ a$$oint#', )ow t#-+inat#'. Disapproval of the appointment b the Commission on 0ppointments 0d2ournment b Con,ress without the C0 actin, on the appointment. &ru', Philippine Political Law, p. 10 %1! ed(. &ru', Philippine Political Law, p. 10 %1! ed(.



'1


$here is no dispute that when the Commission on 0ppointments disapproves an ad interim appointment4 the appointee can no lon,er be e6tended a new appointment4 inasmuch as the approval is a final decision of the Commission in the e6ercise of its chec*in, power on the appointin, authorit of the President. Such disapproval is final and bindin, on both the appointee and appointin, power. But when an ad interim appointment is b passed because of lac* of time or failure


abused4 the can also be a wa of circumventin, the need for confirmation b the Commission on 0ppointments. #owever4 we find no abuse in the present case. $he absence of abuse is apparent from President 0rroo?s issuance of ad interim appointments to respondents immediatel upon the recess of Con,ress4 wa before the lapse of one ear. 8Pimentel v. Ermita4 /79 in' o% P-#i'#ntial A$$oint+#nt ←

of the Commission to or,ani-e4 there is no on final0ppointments decision b the Commission to ,ive or withhold its consent to the appointment. 0bsent such decision4 the President is free to renew the ad interim appointment. 8:atiba, v. Benipao9 Q< What happens if a special session is called and that session continues until the da before the start of the re,ular session Do appointments ,iven prior to the start of the special session lapse upon the end of the special session or ma the continue into the re,ular session 0< 5ue"ara ". Inocente a,ain sas that there must be a @constructive recessA between the sessions and thus appointments not acted upon durin, the special session lapse before the start of the re,ular session.17

←

0ppointments made b an 0ctin, President 8Section %59 0ppointments made b the President within two months before the ne6t presidential elections and up to the end of his term. 8Section %79

←

)e,ular 0ppointments 8Section %=9

←

)ecess or 0d interim 0ppointments 8Section %19

Sco$# o% t)# Pow#- to A$$oint O%%icial to &# A$$oint#' &y t)# P-#i'#nt $hose officials whose appointments are vested in him b the Constitution. (See Section )H, ) st sentence1 #eads of e6ecutive departments ←

0mbassadors4 other public ministers and consuls

←

Jfficers of the armed forces

Di%%#-#nc# &#tw##n an a' int#-i+ a$$oint+#nt

←

an' an a$$oint+#nt in an actin ca$acity. $he former refers onl to positions which need confirmation b the C0 while the latter is also ,iven to those which do not need confirmation. $he former ma be ,iven onl when Con,ress is not in session whereas the latter ma be ,iven even when Con,ress is in session.

from ran* of colonel or naval captain 0rticle V!!!4 Section & provides that the President appoints member of the SC and 2ud,es of lower courts

←

$he President also appoints members of +BC4 chairmen and members of the constitutional commissions 8art &4B4 Sec %8/9 C4 Section %8/994 the Jmbudsman and his deputies 8art %%4 sec &9. 0ppointment of Sectoral )epresentatives 8art %' sec (9 8QuintosDeles v. Commission on 0ppointments9 $hose whom he ma be authori-ed b law (Section )H, nd sentence1 0n other officers of the ,overnment whose appointments are not otherwise provided b law 8Constitution or statutes9. (Section )H, nd sentence1 ←

Actin Ca$acity.$he essence of an appointment in an actin, capacit is its temporar nature. !n case of a vacanc in an office occupied b an alter e,o of the President4 such as the Jffice of Department Secretar4 the President must necessaril appoint the alter e,o of her choice as 0ctin, Secretar before the permanent appointee of her choice could assume office. Con,ress4 throu,h law4 cannot impose on the President the obli,ation to appoint automaticall the undersecretar as her temporar alter e,o. @0n alter ego4 whether temporar or permanent4 holds a position of ,reat trust and confidence. Con,ress4

←

in the cannot ,uise of prescribin, to her an office4 impose on the;ualifications President who alter ego should be.A0ctin, appointments are a wa of temporaril fillin, important offices4 but if

Sini%icanc# o% #n!+#-ation in S#ction 49,t 4 #nt#nc#.$he enumeration means that Con,ress ma not ,ive to an othe r officer the power to appoint the above enumerated officers. 1=

#0!

#0)


*ernas Primer at #0) %200) ed.(

'5



F. A$$oint+#nt n##'in t)# Con%i-+ation o% CA CA Con%irmation 78clusi"e ist 4. W)at a$$oint+#nt n##' con%i-+ation &y t)# Co++iion on A$$oint+#nt0 8%&&& Bar Q9 $hose enumerated in the % st sentence of Section %=< #eads of e6ecutive departments 0mbassadors4 other public ministers and consuls Jfficers of the armed forces from ran* of colonel or naval captain $hose other officers whose appointments are vested in him in the Constitution. (Sa -+i# nt o (. Mio1n (4ote: Although the !ower to a!!oint 2ustices, @udges, mudsman and his de!uties is "ested in the -resident, such a!!ointments do not need con%irmation y the Commission on A!!ointments1 W) y %- o+ -an8 o% co lo n# l.$he provision hopefull will have the effect of stren,thenin, civilian supremac over the militar 1( $o some e6tent4 the decision of the Commission was influenced b the observation that coups are ,enerall led b colonels.1' Milita-y o%%ic#- .$he clause @officers of the armed forces from the ran* of colonel or naval captainA refers to militar officers alone. #ence4 promotion and appointment of officers of Philippine Coast Guard which is under the DJ$C 8and not under the 0P94 do not need the confirmation of Commission on 0ppointments. 8Soriano v. Lista4 /19 0lso4 promotion of senior officers of the PP is not sub2ect to confirmation of C0. PP are not members of the 0P. 8:analo v. Sisto-a4 %&&&9 C)a i-+an o% CHR .$he appointment of the Chairman of the Commission on #uman )i,hts is not provided for in the Constitution or in the law. $hus4 there is no necessit for such appointment to be passed upon b the Commission on 0ppointments. 8Bautista v. Salon,a9 3. E@cl!i(# lit $he Con,ress cannot b law re;uire the confirmation of appointments of ,overnment officials other than those enumerated in the first sentence of Section %= of 0rticle V!!. 8Calderon v. Carale9 *ernas &ommentar+, p "" %200# ed(. // <8&:< #"6#!.




G. St#$ in t)# A$$ointin P-oc# w)#-# COA con%i-+ation i n##'#' omination b the President Confirmation of the Commission on 0ppointments !ssuance of the Commission Acc#$tanc#.0n appointment is deemed complete onl upon its acceptance. Pendin, such acceptance4 the appointment ma still be withdrawn. 8Lacson v. )omero9 0ppointment to a public office cannot be forced upon an citi-en e6cept for purposes of defense of the State under 0rticle !! Section 5. H. A$$oint+#nt o% O%%ic#- Low#- in Ran8 Section %= 81 rd sentence of first para,raph9 $he Con,ress ma4 b law4 vest the appointment of other officers lower in ran* in the P-#i'#nt alon#4 in the courts4 or in the heads of departments4 a,encies4 commissions4 or boards.

Sin i% ic an c# o% t) # $) -a # ;t )# P- # i' #n t al on #? . 0lone means to the e6clusion of the courts4 the heads of departments4 a,encies4 commissions or boards. 1& 0ppointin, authorit ma also be ,iven to other officials. $hus Section %= sas< @$he Con,ress ma4 b law4 vest the appointment of other officers lower in ran* in the President alone4 in the courts4 or in the heads of departments4 a,encies4 commissions4 or boards.A !n 6u%ino " 7ndriga3)0 interpreted this to mean that4 when the authorit is ,iven to colle,ial bodies4 it is to the chairman that the autho rit is ,iven. But he can appoi nt onl officers @lower in ran*4A and not officers e;ual in ran* to him. $hus a Chairman ma not appoint a fellow member of a Board. I. Li+itation on t)# P-#i'#nt A$$ointin Pow#S#ction 4. 0ppointments e6tended b an 0ctin, President shall remain effective4 unless revo*ed b the elected President within ninet das from his assumption or reassumption of office. S#ction 4B. $wo months immediatel before the ne6t presidential elections and up to the end of his term4 a President or 0ctin, President shall not ma*e appointments4 e6cept temporar appointments to e6ecutive positions when continued vacancies therein will pre2udice public service or endan,er public safet.

S$#cial Li+itation

*ernas &ommentar+, p "- %200# ed(. $he earlier view of Cr. *ernas confirmed b+ Sarmiento v. 3ison, was that the retention of the phrase President aloneB was an oversight. G.). o. %1&7754 +ul /%4 /=.

'7



same time frames provided therein unless prohibited b Section %7 of 0rticle V!!. While the filin, up of vacancies in the 2udiciar is undoubtedl in the public interest4 there is no showin, in this case of an compellin, reason to 2ustif the ma*in, of the appointments durin, the period of the ban. 8!n )e 0ppointment of :ateo Valen-uela4 %&&'9

2Anti:Nepotism Provision3 $he President ma not appoint his spouse and relatives b consan,uinit or affinit within the fourth civil de,ree as :embers of the Constitutional Commission4 as Jmbudsman4 or as Secretaries4 3ndersecretaries4 chairmen or heads of Bureaus or offices4 includin, ,overnment ownedorcontrolled corporations. Section ;F3 0ppointments e6tended b an actin, President shall remain effective unless revo*ed b the elected President within & das form his assumption of office. 2Section ;83 2)idni!ht Appointments3 $wo months immediatel before the ne6t presidential elections and up to the end of his term 4 a President or actin, President shall not ma*e appointments e6cept for temporar appointments to e6ecutive positions when continued vacancies therein will pre2udice public service or endan,er public safet. Section ;G3 $he President shall have the power to ma*e appointments durin, the recess of the Con,ress4 whether voluntar or compulsor4 but such appointments shall be effective onl until disapproval b the C0 or until the ne6t ad2ournment of Con,ress. 2Section ;H par$ <3 P-o(i ion a$$ li# onl y to $-# i' #nt ial a$$oint+#nt.$he provision applies onl to presidential appointments. $here is no law that prohibits local e6ecutive officials from ma*in, appointme nts durin, the last das of their tenure. 8De )ama v. C09 Old Doctrine =S#ction 4B> a$$li# in t)# a$$oint+#nt in t)# :!'icia-y. $wo months immediatel before the ne6t presidential elections and up to the end of his term4 a President or 0ctin, President shall not ma*e appointments4 e6cept temporar appointments to e6ecutive positions when continued vacancies therein will pre2udice public service or endan,er public safet. Since the e6ception applies onl to e6ecutive positions4 the prohibition covers appointments to the 2udiciar.1%% Durin, this period H/ months immediatel before the ne6t presidential electionsKI4 the President is neither re;uired to ma*e appointments to the courts nor allowed to do so. Section 58%9 and & of 0rticle V!!! simpl mean that the President is re;uired b law to fill up vacancies in the courts within the

New Doctrine $he prohibition under 0rticle V!!4 Section %7 of the Constitution a,ainst presidential appointments immediatel before the ne6t up to the end of thepresidential term of theelections Presidentand 'o# not a$$ly to (acanci# in t)# S!$-#+# Co!-t.8De Castro v. +BC4 :arch %(4 /%9 Ot)#- Li+itation* ←

←

$he presidential power of appointment ma also be limited b Con,ress throu,h its power to prescribe ;ualifications for public office. $he 2udiciar ma annul an appointment made b the President if the appointee is not ;ualified or has not been validl confirmed.1%/

Pow#- o% R#+o(al $he President possesses the power of removal b implication from other powers e6pressl vested in him. !t is implied from his power to appoint Bein, e6ecutive in nature4 it is implied from the constitutional provision vestin, the e6ecutive power in the President. !t ma be implied from his function to ta*e care that laws be properl e6ecuted for without it4 his orders for law enforcement mi,ht not be effectivel carried out. $he power ma be implied fro the President?s control over the administrative departments4 bureaus4 and offices of the ,overnment. Without the power to remove4 it would not be alwas possible for the President to e6ercise his power of control.1%1 0s a ,eneral rule4 the power of removal ma be implied from the power of appointment. 1%5 #owever4 the President cannot remove official s appointed b him where the Constitution prescribes certain &ru', Philippine Political Law, p. 1! %1! ed(.

Sinco, Philippine Politica l Law, p 2-! %1!"ed(. 7ut See 0n, #11

/n re4 Appointment of %alen'uela!A3 60!01 S&, 9ovember , 1.



0n,co v. Castillo4disci!linary @ #he !ower o% control not !erson the source o% the 78ecuti"e’s !ower o"eristhe o% his suordinates. 6ather, his disci!linary !ower %lows %rom his !ower to a!!oint.A Bernas Primer at 1%1 8/= ed9. &ru', Philippine Political Law, p. 1) %1! ed(.

'=


methods for separation of such officers from public service4 e.,.4 Chairmen and Commissioners of Constitutional Commissions who can be removed onl b impeachment4 or 2ud,es who are sub2ect to the disciplinar authorit of the Supreme Court. !n the cases where the power of removal is lod,ed in the President4 the same ma be e6ercised onl for cause as ma be provided b law4 and in accordance with the prescribed administrative procedure. M#+&#- o% t)# ca-##- #-(ic#. :embers of the career service of the Civil Service who are appointed b the President ma be directl disciplined b him. 8Villalu- v. aldivar9 provided that the same is for cause and in accordance with the procedure prescribed b law. M#+&#- o% t)# Ca&in#t. :embers of the Cabinet and such officers whose continuit in office depends upon the President ma be replaced at an time. 8 egally s!eaking, their se!aration is e%%ected not y remo"al ut y e8!iration o% term.3)91 8See 0la2ar v. C09 VI. Pow#- o% Cont-ol Control Control v$ Supervision +he President and Power of Control Alter e!o Principle Doctrine of @ualified Political A!enc% Supervision over -4>s +he +a&e:Care Clause S#ction 47.$he President shall have control of all the e6ecutive departments4 bureaus4 and offices. #e shall ensure that the laws be faithfull e6ecuted.

A. Cont-ol Control is the power of an officer to alter or modif or nullif or set aside what a subordinate officer had done in the performance of his duties and to substitute the 2ud,ment of the former for that of the latter.1%= !t includes the authorit to order the doin, of an act b a subordinate or to undo such act or to assume a power directl vested in him b law. 1%( $he power of control necessaril includes the power of supervision.1%' ". Cont-ol (. S!$#-(iion


Control

is

a

stron,er

power

;ernas -rimer: Power of Supervision is the power of a superior officer to @ensure that the laws are faithfull e6ecutedA b inferiors. $he power of supervision does not include the power of control but the power of control necessaril includes the power of supervision.1/% Control Supervision 0n officer in control Supervision does not las down the rules in cover the authorit to the doin, of an act. la down the rules. Supervisor or merel superintendent sees to it that the rules are followed. !f rules are not !f the rules are not followed4 he ma4 in observed4 he ma order his discretion4 order the wor* done or re the act undone4 re done but onl to done b his conform to the subordinate or he prescribed rules. #e ma decide to do it ma not pr escribe his himself. own manner for the doin, of the act. #e has no 2ud,ment on this matter e6cept to see to it that the rules are followed. 8Drilon v. Lim9 C. T)# P-#i'#nt an' Pow#- o% Cont-ol -ower o% Control o% the -resident Sco!e Section ) is sel%Ee8ecuting 4ot a Source o%
&ru', Philippine Political Law, p. 1 %1! ed(. *ernas Primer at #1# %200) ed.(

*ernas Primer at #1# %200) ed.(


mere

S!$#-(iion . Supervision means overseein, or the power or authorit of an officer to see that subordinate officer performs their duties. !f the latter fail or ne,lect to fulfill them4 then the former ma ta*e such action or steps as prescribed b law to ma*e them perform these duties. 1/

&ru', Philippine Political Law, p. 1- %1! ed(. 3ondano v. Silvosa


than

supervision.1%&

3ondano v. Silvosa

*ernas Primer at #10 %200) ed.(

'(


position as the e6ecutive of the ,overnment4 enablin, him to compl more effectivel with his constitutional dut to enforce laws. $he power to prepare the bud,et of the ,overnment stren,thens the President?s position as administrative head. 1/1 3. Sco$# a. $he Presi dent shall have control of all the e6ecutive departments4 bureaus4 and offices. 8Section %(9 &. $he President has control over officers of GJCCs. 80:0)CJ v. 0rca9 8 ;ernas: It is

sumitted that such !ower o"er go"ernmentE owned cor!oration comes not %rom the Constitution ut %rom statute. ence, it may also e taken away y statute.1 c. Cont-ol o(# - w)at0$he power of control is e6ercisable b the President o(#- t)# actof his subordinates and not necessaril over the subordinate himself. 80n,an,co v. Castillo9 !t can be said that the while the E6ecutive has control over the @2ud,mentA or @discretionA of his subordinates4 it is the le,islature which has control over their @person.A1/5 '. $heoreticall4 the President has full control of all the members of the Cabinet. #e ma appoint them as he sees fit4 shuffle them at pleasure4 and replace them in his discretion without an le,al inhibition whatever.1/7 #. $he President ma e6ercise powers conferred b law upon Cabinet members or other subordinate e6ecutive officers. 8Cit of !li,an v. Director of Lands9 Even where the law provides that the decis ion of the Direc tor of Lands on ;uestions of fact shall be conclusive when affirmed b the Sec of DE)4 the same ma4 on appeal to the President4 be reviewed and reversed b the E6ecutive Secretar. 8Lacson :a,allanes v. Pano9 %. !t has been held4 moreover4 that the e6press ,rant of the powe r of control to the President 2ustifies an e6ecutive action to carr out the reor,ani-ation of an e6ecutive office under a broad authorit of law. 1/= 0 reor,ani-ation can involve the reduction of personnel4 consolidation of offices4 or even abolition of positions b reason of econom or redundanc of functions. While the power to abolish an office is ,enerall lod,ed with the le,islature4 the authorit of the Sinco, Philippine Political Law, p 2"# %1!"ed(.


President to reor,ani-e the e6ecutive branch4 which ma include such abolition4 is permissible under present laws.1/( . S#ction 47 i a #l%#@#c!tin $-o(iion $he President derives power of control directl from the Constitution and not from an implementin, le,islation. Such a law is in fact unnecessar and will even be invalid if it limits the e6ercise of his power or withdraws it alto,ether from the President. 1/' . Pow#- o% Cont-ol i not t)# o!-c# o% t)# E@#c!ti(# 'ici$lina-y $ow#$he power of control is not the source of the E6ecutive?s disciplinar power over the person of his subordinates. )ather4 his disciplinar power flows from his power to appoint. 80n,0n ,co v. Castillo91/& D. Alt#- Eo P-inci$l#K Doct-in# o% 1!ali%i#' Political A#ncy
*ernas Primer at #1# %200) ed.( &ru', Philippine Political Law, p. 1 %1! ed(.

Anak Mindanao v. Eecutive Sec! ?.<. 9o. 1))0!2 , August 2, 200- Tondo Medical Center Employees v. CA.?.<. 9o. 1)-#2", ul+ 1-, 200-



:alaria Emploees v. E6ecutive Secretar4 ?.<. 9o. 1)00#, ul+ #1, 200-. &ru', Philippine Political Law, p. 1 %1! ed(. *ernas Primer at #1# %200) ed.(

''


3. W)#n Doct-in# not A$$lica&l# Qualified political a,enc does J$ appl if the President is re;uired to act in person b law or b the Constitution. E6ample< $he power to ,rant pardons must be e6ercised personall b the President.


President cannot alter or modif or nullif4 or set aside the findin,s of the Secretar of inance and to substitute the 2ud,m ent of the forme r to the latter.115 80ba*ada Guro v. ES4 /79 E. Pow#- o% S!$#-(iion o(#- LGU

. R#aon %o- t)# Doct-in# Since the e6ecutive is a bus man4 he is not e6pected to e6ercise the totalit of his power of control all the time. #e is not e6pected to e6ercise all his powers in person. #e is e6pected to dele,ate some of them to men of his confidence4 particularl to members of his Cabinet. $hus4 out of this $-actical n#c#ity has risen what has come to be referred to as @doctrine of ;ualified political 11% a,enc.A . Pow#- o% Cont-ol #@#-ci#' &y D#$a-t+#nt H#a' in t)# P-#i'#nt "#)al% $he President?s power of control means his power to reverse the 2ud,ment of an inferior officer. !t ma also be e6ercised in his behal f b Department #eads. $hus the Secretar of +ustice ma reverse the 2ud,m ent of a prosecutor and direc t him to withdraw an information alread filed. Such action is not direc tl revi ewable b a court. Jne who disa,rees4 however4 ma should appeal to the Jffice of the President in order to e6haust administrative remedies prior to brin, it to court. 11/

$he power of the President over local ,overnments is onl one of ,eneral supervision. 117 8See 0rticle T4 Sections 5 and %=9 $he President can onl interfere in the affairs and activities of a local ,overnment unit if he finds that the latter had acted contrar to law. 8+ud,e Dadole v. CJ09 0 law 8)0 (%= Sec %'(9 which authori-es the Secretar of +ustice to review the constitutionalit of le,alit of a ta6 ordinanceNand if warranted4 to revo*e it on either or both ,roundsNis valid4 and does not conf er the powe r of control over local ,overnment units in the Secretar of +ustice4 as even if the latter can set aside a ta6 ordinance4 he cannot substitute his own 2ud,ment for that of the local ,overnment unit. 8Drilon v. Lim9 F. Fait)%!l E@#c!tion Cla!#K Ta8# Ca-# Cla!# $he power to ta*e care that the laws be faithfull e6ecuted ma*es the President a dominant fi,ure in the administration of the ,overnment. 11=

B. Pow#- o% Cont-ol #@#-ci#' &y t)# ES $he E6ecutive Secretar when actin, @b authorit of the PresidentA ma rever se the decision of

$he President shall ensure that the laws be faithfull e6ecuted. 8Section %( / nd sentence9 $he

another department secretar. 8Lacson:a,allanes v. Pano9 111

law he is supposed the Constitution4 statutes4to enforce 2udicial includes decisions4 administrative rules and re,ulations and municipal ordinances4 as well as treaties entered into b ,overnment.11(

9. A&a8a'a Ca# Petitioners ar,ue that the EV0$ law is unconstitutional4 as it constitutes abandonment b Con,ress of its e6clusive authorit to fi6 the rate of ta6es and nullififed the President?s power of control b mandatin, the fi6in, of the ta6 rate b the President upon the recommendation of the Secretar of inance. $he SC ruled that the Secretar of inance can act as a,ent of the Le,islative Department to determine and declare the event upon which its e6pressed will is to ta*e effect. #is personalit in such instance is in realit but a pro2ection of that of Con,ress. $hus4 bein, the a,ent of Con,ress and not of the President4 the Cr. *ernas in his /nFuirer column, A ?olden :pportunit+ for ?3AB. http@;;opinion.inFuirer.net;inFuireropinion;columns;viewMarticle.php NarticleMidO10-2"! *ernas &ommentar+, p !- %200# ed(.

Orosa v. 1"-2". $oa! ?< August 1"0"-, ul+ 1", 200) 9E:$ v. 9E:$ Employees! ?.<. 9o. 1, 200# See the case of 9eri v. Senate &ommittee on the authorit+ of 8S to invo5e 8ecutive /mmunit+. 6asm



$his power of the President is not limited to the enforcement of acts of Con,ress accordin, to their e6press terms. $he President?s power includes @the ri,hts and obli,ations ,rowin, out of the Constitution itself4 international relations4 and all the protection implied b the nature of the ,overnment under the Constitution. 11' $he reverse side of the !ower to e6ecute the law is the duty to carr it out. $he President cannot refuse to carr out a law for the simple reason that in his

##"

San *eda &ollege of Law, 200 &entrali'ed *ar :perations, Political Law
/n S 1 %10(. *ernas &ommentar+, p )# %200# ed(.

'&


2ud,ment it will not be beneficial to the people. 11& 0s the Supreme Court pointed out4 @after all we still live under a rule of law.A !t has been su,,ested that the President is not under obli,ation to enforce a law which in his belief is unconstitutional because it would create no ri,hts and confer no duties bein, totall null and void. $he better view is that it is not for him to determine the validit of a law sin ce this is a ;uestion e6clusivel addressed to the 2udiciar. #ence4 until and unless a law is declared unconstitutional4 the President has a dut to e6ecute it re,ardless of his doubts on its validit. 0 contrar opinion would allow him not onl to ne,ate the will of le,islature but also to encroach upon the prero,atives of the 2udiciar.15 VII. Milita-y Pow#-2E+#-#ncy Pow#- +he )ilitar% Power -imitations on )ilitar% Power

Commander:in:Chief Clause? Callin! Out Power Suspension of the Privile!e )artial -aw S#ction 46. $he President shall be the Commanderin Chief of all armed forces of the Philippines and whenever it becomes necessar4 he ma call out such armed forces to prevent or suppress lawless violence4 invasion or rebellion. !n case of invasion or rebellion4 when the public safet re;uires it4 he ma4 for a period not e6ceedin, si6t das4 suspend the privile,e of the writ of habeas corpus or place the Philippines or an part thereof under martial law. Within fortei,ht hours from the proclamation of martial law or the suspension of the privi le,e of the writ of habeas corpu s4 the President shall submit a report in person or in writin, to the Con,ress. $he Con,ress4 votin, 2ointl4 b a vote of at least a ma2orit of all its :embers in re,ular or special session4 ma revo*e such proclam ation or suspension4 which revocation shall not be set aside b the President. 3pon the initiative of the President4 the Con,ress ma4 in the same manner4 e6tend such proclamation or suspension for a period to be determined b the Con,ress4 if the invasion or rebellion shall persist and public safet re;uires it. $he Con,ress4 if not in session4 shall4 within twent four hours followin, such proclamation or suspension4 convene in accordance with its rules without need of a call. $he Supreme Court ma review4 in an appropriate proceedin, filed b an citi-en4 the sufficienc of the factual basis of the proclamation of martial law or the suspension of the privile,e of the writ or the e6tension thereof4 and must promul,ate its decision thereon within thirt das from its filin,. 0 state o f martial law does not suspend the operation of the Constitution4 nor supplant the functionin, of the civil courts or le,islative assemblies4 nor authori-e the conferment of 2urisdiction on militar courts and *ernas &ommentar+, p )# %200# ed( &ru', Philippine Political Law, p. 20# %1! ed(.



Atty. ARIS S. MANGUERA a,encies over where civil courts are able to function4 nor automaticall suspend the privile,e of the writ. $he suspension of the privile,e of the writ shall appl onl to persons 2udiciall char,ed for rebellion or offenses inherent in or directl connected with invasion. Durin, the suspension of the privile,e of the writ4 an person thus arrested or detained shall be 2udiciall char,ed within three das4 otherwise he shall be released.

A. T)# Milita-y Pow#8%&'( Bar Question9 Section %' bolsters the principle announced in 0rticle !!4 Section 1 that @civilian authorit is at all times4 supreme over the militar.A B ma*in, the President the commanderinchief of all the armed forces4 the Constitution lessens the dan,er of a militar ta*eover of the ,overnment in violation of its republican nature.15% Section %' ,rants the President4 as Commander inChief4 a se;uence of ,raduated powers. rom the most to the least beni,n4 these are< the callin, out power4 the power to suspend the privile,e of the writ of habeas corpus4 and the power to declare martial law. 8Sanla*as v. E6ecutive Secretar9 $he power of the sword ma*es the President the most important fi,ure in the countr in times of war or other similar emer,enc.15/ !t is because the sword must be wielded with coura,e and resolution that the Presi dent is ,iven vast powers in the ma*in, and carrin, out of militar decisions.151 $he militar power enables the President to< ←

←

←

Command all the armed forces of the Philippines Suspend the privile,e of the writ of haeas cor!us Declare martial law

 ". Li+itation on Milita-y Pow#8%&'(4 / Bar Question9

#e ma call out the armed forces to prevent or suppress lawless "iolence, in"asion or reellion onl.

←

$he ,rounds for the suspension of the privile,e of the writ of haeas cor!us and the proclamation of martial law are now limited onl to in"asion or reellion.

←

$he duration of such suspension or proclamation shall not e6ceed si8ty days4 followin, which it shall be automaticall lifted.

←

←

Within %ortyEeight hours after such suspension

or proclamation4 the President shall personall or in &ru', Philippine Political Law, p. 20" %1! ed(. &ru', Philippine Political Law, p. 20! %1! ed(. &ru', Philippine Political Law, p. 20! %1! ed(. &ru', Philippine Political Law, p. 21# %1! ed(.

&


writin, report his action to the Con,ress. !f not in session4 Con,ress must convene within /5 hours. $he Con,ress ma then4 b ma@ority "otes o% all its memers "oting @ointly, revo*e his action. $he revocation ma not set aside b the President. B the same vote and in the same manner4 the Con,ress ma4 upon initiative of the President4 e6tend his suspension or proclamation for a period to be determined b the Con,ress if the invasion or rebellion shall continue and the public safet re;uires e6tension.

-.

$he action of the President and the Con,ress shall be sub2ect to review b the Supreme Court which shall have the authorit to determine the sufficienc of the factual basis of such action. $his matter is no lon,er considered a political ;uestion and ma be raised in an appropriate proceedin, b any citi-en. :oreover4 the Supreme Court must decide the chall en,e within thirty days from the time it is filed. '. :artial law does not automaticall suspend the privile,e of the writ of habeas corpus or the operation of the Constitution. $he civil courts and the le,islative bodies shall remain open. :ilitar courts and a,encies are not conferred 2urisdiction over civilians where the civil courts are functionin,. $he suspension of the privile,e of the writ of haeas cor!us shall appl onl to persons facin, char,es of reellion or o%%enses inherent in or directly connected with in"asion. 0n person arrested for such offenses must be 2udiciall char,ed therewith within three days. Jtherwise shall be released. C. Co++an'#-inC)i#% Cla!#K Callin O!t Pow#-ower o"er the military Ci"ilian Su!remacy CallingEout -ower $he President shall be the CommanderinChief of all armed forces of the Philippines and w)# n#(#- it &#co+# n#c#a-y 4 he ma  call out such armed forces to prevent or suppress lawless violence4 invasion or rebellion. 8Section %'4 % st sentence9

4. Pow#- o(#- t)# Milita-y. $he President has absolute authorit over all members of the armed forces. 8Gudani v. Sen,a4 /=9 #e has control and direction over them. 0s Commanderinchief4 he is authori-ed to direct the movements of the naval and the militar forces placed b law at his command4 and to emplo them in manner he ma deem most effectual to harass and con;uer and subdue the enem.157


i,nore her command can be sub2ected to court martial proceedin,. $hus4 for instance4 the President as Commander in Chief ma prevent a member of the armed forces from testifin, before a le,islative in;uir. 0 militar officer who disobes the President?s directive ma be made to answer before a court martial. Since4 however4 Con,ress has the power to conduct le,islative hearin,s4 Con,ress ma ma*e use of remedies under the law to compel attendance. 0n militar official whom Con,ress summons to testif before it ma be compelled to do so b the Pres ident. !f the President is not so inclined4 the President ma be commanded b 2udicial order to compel the attendance of the militar officer. inal 2udicial orders have the force of the law of the land which the President has the dut to faithfull e6ecute. 15= 3. Ci(ilian S!$-#+acy "#-naian (i#w Is the President a mem#er of the armed forces Dic)oto+y o% (i#w* Sinco $he President is not onl a civil official. 0s commanderinchief of all armed forces4 the President is also a militar officer. $his dual role ,iven b the Const itution to the President is intended to insure that the civilian controls the militar.15( 'ernas $he wei,ht of authorit favors the position that the President is not a member of the armed forces but remains a civilian. $he President?s duties as CommanderinChief represent onl a part of the or,anic duties imposed upon him. 0ll his other functions are clearl civil in nature. #e is elected as the hi,hest civilian officer #is compensation is received for his services rendered as President of the nation4 not for the indiv idual part of his duties no portion of its is paid from sums appropriated for the militar or naval forces. #e is not sub2ect to court marti al or other militar discipline $he Constitution does not re;uire that the President must be possessed of militar trainin, and talents. $his position in fact4 is the onl one compatible with 0rticle !!4 Section 14 which sasA @Civilian authorit is at all times4 supreme over the militar.A $he net effect thus of 0rticle !!4 Section1 when read with 0rtic le V!!4 Section %' is that a ci"ilian -resident holds su!reme military authority and is the ceremonial, legal, and administrati"e head o% the armed %orces.15'

Since the President is commanderinchief of the 0rmed orces she can demand obedience from militar officers. :ilitar officers who disobe or #"!

*ernas &ommentar+, p )) %200# ed( citing Cleming v. Page.



Gudani v. Sen&a! ?.<. 9o. 1-01)!, April 1!. 200). Sinco, Philippine Political Law, p 2)1 %1!"ed(. *ernas &ommentar+, p )! %200# ed(.

&%



. Callin O!t Pow#- !n'#- S#ction 8/= 46 Bar Question9 Most ;enign !ower o% Section )+ Pse o% Calling ut -ower =ests 4o Constitutional or Statutory -owers
)eprovin, statements of the communist leaders :inutes of the !ntelli,ence )eport and Securit Group of the Philippine 0rm showin, the ,rowin, alliance between the P0 and the militar. Di' PGMA -a(#ly a&! # )#- 'ic-# tion in callin! out t)# AFP0 J. Section %' ,rants the President the calling out !owe r. $he onl criterion for the e6ercise is that @whenever it becomes necessarA4 the President ma call the armed forces @to prevent or suppress lawless violence4 invasion or rebellionA $hese conditions are present in this case. Considerin, the circumstances then prevailin, PG:0 found it necessar to issue PP%%(. Jwin,

a. Mo t "# nin $o w# - o% S# ct io n 46$he . diminution of an constitutional ri,hts throu,h the suspension of the privile,e of the writ or the declaration of martial law is deemed as @stron, medicineA to be used sparin,l and onl as a last resort4 and for as lon, as onl trul necessar. $hus4 the invocation of the @callin, outA power stands as a balanced means of enablin, a hei,htened alertness in dealin, with the armed threat4 but without havin, to suspend an constitutional or statutor ri,hts or cause the creation of an new obli,ations.

to her Jffice?s vast intelli,ence networ*4 she is in the best position to determine the actual condition in her countr. PP;B; is constitutional insofar as it constitutes a call #% P4)A on the A*P to prevent or suppress lawless violence$

#. P-#i'#nt action in callin o!t t)# a-+#' %o-c# , an' /!'icial -#(i#w!t. ma be ,athered from the broad ,rant of power that the actual use to which the President puts the armed forces4 is unli*e the suspension of the privi le,e of writ of habeas corpus4 not sub2ect to 2udicial review.15&

&. V#t no n#w con ti t!t ional o- ta t!t o-y $o w# - . or the utili-ation of the @callin, outA power alone cannot vest unto the President an new constitutional or statutor powers4 such as the enactment of new laws. 0t most4 it can onl renew emphasis on the dut of the President to e6ecute alread e6istin, laws without e6tendin, a correspondin, mandate to proceed e6tra constitutionall or e6trale,all. !ndeed4 the @callin, outA power does not authori-e the President or the members of the 0rmed orces to brea* the law.

" ! t , w a i t  While the Court considered the President?s @callin,outA power as a discretionar power solel vest ed in his wisd om and that it cannot be called upon to overrule the President?s wisdom or substitute its own4 it stressed that @this does not prevent an e6amination of whether such power was e6ercised within permissible constitutional limits or whether it was e6ercised in a manner constitutin, ,rave abuse of discretion. 8!BP

c. D#cla-ation o% Stat# o% R#&#llion. Declaration of the state of rebellion is within the calli n,out power of the President. When the President declares a state of emer,enc or a state of rebellion her action is merel a description of the situation as she sees it but it does not ,ive her new powers. $he declaration cannot diminish or violate constitutionall protected ri,hts. 8Sanla*as v. E6ecutive Secretar4 G.). o. %7&'74 ebruar 14 /5.9

v. amora9 +udicial in;uir can go no %urther than to satisf the Court not that the President?s decision is correct, but that @the President did not act aritrarily.A $hus4 the standard is not correctness4 but arbitrariness. !t is incumbent upon the petitioner to show that the President?s decision is totall bereft of factual basisA and that if he fails4 b wa of proof4 to support his assertion4 then @this Court cannot underta*e an independent investi,ation beond the pleadin,s . 8I'P v$ Jamora cited in David v$ Arro%o9

' . D # cl a - at i o n o % a ; t a t # o % n a t i o n a l #+#-#ncy?.$he President can validl declare a state of national emer,enc even in the absence of con,ressional enactment. 8David v. Ermita9 8/= Bar Question9

%. 1UESTION* What is the e6ten t of the Pres ident?s power to conduct peace ne,otiations ANSWER* Main O $i n i on , :. C a - $ i o  M o - a l #  * $he President?s power to conduct peace ne,otiations is implicitl included in her powers as Chief E6ecutive and CommanderinChief. $he President F in the course of conductin, peace ne,otiations F ma validl consider implementin, even those policies that re;uire chan,es to the Constitution4 but she

PP 4J47 ca# Fact< Jn ebruar /54 /=4 President 0rroo issued Presidential Proclamation %%( declarin, a state of national emer,enc. $he Solicitor General enumerated the followin, events that lead to the issuance of PP%%(<

1. Escape of :a,dalo ,roup and their audacious threat of the :a,dalo Dda $he defecations in the :ilitar4 particularl in the Phil. :arines



#"

*ernas &ommentar+, p )) %200# ed(

&/


ma not unilaterall implement them wit)o!t t)# int#-(#ntion o% Con-#, o- act in any way a i% t)# a#nt o% t)at &o'y w#-# a!+#' a a c#-tainty. Given the limited nature of the President?s authorit to propose constitutional amendments4 she cannot ! a- an t# # to an third part that the re;uired amendments will eventuall be put in place4 nor even be submitted to a plebiscite. 8Province of orth Cotabato v. G)P9 D. S!$#nion o% t)# P-i(il##

rit o% aeas Cor!us -ri"ilege o% the rit o% aeas Cor!us Sus!ension o% the -ri"ilege, Meaning 5eneral imitations on the !ower to Sus!end #o whom A!!licale 7%%ect on A!!licale -ersons 5rounds
6ole o% Congress 6ole o% the Su!reme Court 4. W-it o% HC T) # w- it . $he writ of habeas corpus is a writ directed to the person detainin, another4 commandin, him to produce the bod of the prisoner at a desi,nated time and place4 with the da and cause of his caption and detention4 to do4 to submit to4 and receive whatever the court or


. S!$#nion o% t)# $-i(il##. !n case of invasion or rebellion4 when the public safet re;uires it4 Ht)# P-#i'#nt I ma4 for a period not e6ceedin, si6t das4 suspend the privile,e of the writ of habeas corpus. S!  $ #n  i o n o % t)# P - i ( i l #  # , M#anin. Suspension of the privile,e does not suspend the writ itself4 but onl it?s !ri"ilege. $his means that when the court receives an application for the writ4 and it finds the petition in proper form4 it will issue the writ as a matter of course4 i.e.4 the court will issue an order commandin, the production before the court of the person alle,edl detained4 at a time and place stated in the order4 and re;uirin, the true cause of his detention to be shown to the court. !f the retu rn to the writ shows that the person in custod was apprehended and detained in areas where the privile,e of the writ has been suspended or for crimes mentioned in the e6ecutive proclamation4 the court will suspend further proceedin,s in the action.17% 8%&&( Bar Question9 Fact* Claimin, the were ille,all arrested without an warrant of arrest4 petitioners sued several officers of the 0P for dama,es. $he officers of the 0P ar,ued that the action was barred since the suspension of the privile,e of the writ of habeas corpus precluded 2udicial in;uir into the le,alit of their detention. H#l'* $he contention of 0P officers has not merit. $he suspension of the privile,e of the writ of haeas cor!us does not render valid an otherwise ille,al arrest or detention. W)at i !$#n'#' i +#-#ly t)# -i)t o% in'i(i'!a l to ##8 -#l#a # %-o+ 39

2ud,e awardin, writ shall 8#ence4 consider an in his behalf. 8Bouvier?s Law the Dictionar9 essential re;uisite for the availabilit of the writ is actual deprivation of personal libert 9 (Sim!ly !ut, a writ o% haeas cor!us is a writ of li#ert% 1 P!-$o#.$he ,reat ob2ect of which is the liberation of those who ma be in prison without sufficient cause.17 To w) at Ha &# a Co -$ ! #@ t# n' . E6cept as otherwise provided b law4 the writ of haeas cor!us shall e6tend to all cases of ille,al confinement or detention b which an person is deprived of his libert 4 or b which the ri,htful custod of an person is withheld from the person entitled thereto. 8)ule %/4 Section % or )ules of CJurtt9 3. P-i(il## o% t)# w-it o% HC P-i(il ## . !t is the ri,ht to have an immediate determination of the le,alit of the deprivation of phsical libert.

'#t#ntion t)-o!) t)# w-it o% ha#eas corpus. 80berca v. Ver4 %= SC)0 7&9

. G#n#-al Li+itation on t)# $ow#- to !$#n' t)# $-i(il## $ime limit of = das )eview and possible revocation b Con,ress )eview and possible nullification b SC 171 B. To w)o+ A$$lica&l# $he suspension of the privile,e of the writ shall appl onl to persons 2udiciall char,ed for rebellion or offenses inherent in or directl connected with invasion. 9. E%%#ct on A$$lica&l# P#-on Durin, the suspension of the privile,e of the writ4 an perso n thus arrested or detained shall be 2udiciall char,ed within three das4 otherwise he shall be released. 80rticle V! Section %'9 &ru', Philippine Political Law, p. 210 %1! ed(. acinto imene', Political Law &ompendium, #22 %200) ed.( *ernas Primer at #1 %200) ed.(

#!0

3oran,


&1


$he suspension of the privile,e of the writ does not impair the ri,ht to bail. 80rticle !!! Section %19 7. G-o!n' Fact!al "a# %o- S!$#n'in t)# P-i(il##8%&&( Bar Question9 !n case of invasion or rebellion When the public safet re;uires it 6. D!-ation. ot to e6ceed si6t das4 followin, which it shall be lifted4 unless e6tended b Con,ress. Fo!- Way to Li%t t)# S!$#nion ←

Liftin, b the President himself

←

)evocation b Con,ress

←

ullification b the Supreme Court

←

B operation of law after = das

D!ty o% t)# P-#i'#nt Within fortei,ht hours from the proclamation of martial law or the suspension of the privile,e of the writ of habeas corpus4 the President shall !&+it a -#$o-t in $#-on o- in w-itin to t)# Con-# . 44. Rol# o% Con-# Con,ress convenes Con,ress ma either revo&e or 8with President?s initiative9 e"tend Con -#  con(# n# .$he Con,ress4 if not in session4 shall4 within twentfour hours followin, such proclamation or suspension4 convene in accordance with its rules without need of a call. Co n -#  +a y -# (o 8# .$he Con,ress4 votin, 2ointl4 b a vote of at least a ma2orit of all its :embers in re,ular or special session4 ma revo*e such proclamation or suspension4 which revocation shall not be set aside b the President. Con-# +ay #@t#n'.3pon the initiative of the President4 the Con,ress ma4 in the same manner4 e6tend such proclamation or suspension for a period to be determined b the Con,ress4 if the invasion or rebellion shall persist and public safet re;uires it. 43. Rol# o% S!$-#+# Co!-t $he Supreme Court ma -#(i#w,in an appropriate proceedin, b of an citi-en4 the !%%ici#ncy t)# %act! alfiled &ai the proclamation of martial o% law or the suspension of the privile,e of the writ or the e6tension thereof4 and must promul,ate its decision thereon within thirt das from its filin,. E. Ma-tial Law



Martial aw,
6ole o% Congress 6ole o% the Su!reme Court (!en Court
#!" *ernas &ommentar+, p -0 %200# ed(.

&5



!n case of invasion or rebellion4 when the public safet re;uires it4 Ht)# P-#i'#nt I ma4 for a period not e6ceedin, si6t das4 suspend the privile,e of the writ of habeas corpus or place the Philippines or an part thereof under martial law. 1* !s PP %%( actuall a declaration of :artial law A* o. !t is merel an e6ercise of PG:0?s callin,out power for the armed forces to assist her in preventin, or suppressin, lawless violence. !t cannot be used to 2ustif act that onl under a valid of declaration of :artial Law can be done. 8David v. HErmitaI9 . G#n#-al Li+itation on t)# $ow#- to $-oclai+ $ime limit of = das )eview and possible revocation b Con,ress )eview and possible nullification b SC 177 B. E%%#ct o% P-ocla+ation o% Ma-tial Law A Stat# o% +a-tial law 'o# not < Suspend the operation of the Constitution Supplant the functionin, of the civil courts or le,islative assemblies 0uthori-e the conferment of 2urisdiction on militar courts and a,encies over where civil courts are able to function 0utomaticall suspend the privile,e of the writ. 8Section %'9 cannot be O$#n Co!-t Doct -in#Civilians . tried b militar courts if the civil courts are open and functionin,. 8Jla,uer v. :ilitar Commission9 T)# P-#i'#nt can < (#his is ased on P- and ;eda 00+ ;ar 6e"iewers? ;ut see e8cer!t %rom ;ernas Commentary1 Le,islate Jrder the arrest of people who obstruct the war effort. ;ernas Commentary: $he statement that martial law does not @supplant the functionin, of Kle,islative assembliesA means that ordinar le,islation continues to belon, to the le,islative bodies even durin, martial law. Does this mean that the martial law administrator is without power to le!islate A: !n actual theater of war4 the martial law administrator?s word is law4 within the limits of the Bill of )i,hts. But outside the theater of war4 the operative law is ordinar law.

ot to e6ceed si6t das4 followin, which it shall be lifted4 unless e6tended b Con,ress. 6. Fo!- Way to Li%t t)# P-ocla+ation Liftin, b the President himself )evocation b Con,ress ullification b the Supreme Court B operation of law after = das 5. D!ty o% t)# P-#i'#nt Within fortei,ht hours from the proclamation of martial law or the suspension of the privile,e of the writ of habeas corpus4 the President shall !&+it a -#$o-t in $#-on o- in w-itin to t)# Con-# . 4J. Rol# o% Con-# Con,ress convenes Con,ress ma either revo&e or 8with President?s initiative9 e"tend Con -#  con(# n# .$he Con,ress4 if not in session4 shall4 within twentfour hours followin, such proclamation or suspension4 convene in accordance with its rules without need of a call. Co n -#  +a y -# (o 8# .$he Con,ress4 votin, 2ointl4 b a vote of at least a ma2orit of all its :embers in re,ular or special session4 ma revo*e such proclamation or suspension4 which revocation shall not be set aside b the President. Con-# +ay #@t#n'.3pon the initiative of the President4 the Con,ress ma4 in the same manner4 e6tend such proclamation or suspension for a period to be determined b the Con,ress4 if the invasion or rebellion shall persist and public safet re;uires it. 44. Rol# o% S!$-#+# Co!-t 8/= Bar Question9 $he Supreme Court ma -#(i#w,in an appropriate proceedin, filed b an citi-en4 the !%%ici#ncy o% t)# %act !al &ai of the proclamation of martial law or the suspension of the privile,e of the writ or the e6tension thereof4 and must promul,ate its decision thereon within thirt das from its filin,. VIII. Pow#- o% E@#c!ti(# Cl#+#ncy Power of E"ecutive Clemenc% Purpose for the 4rant of Power *orms of E"ecutive Clemenc%

9. G-o!n'K Fact!al "a# %o- t)# P-ocla+ation !n case of invasion or rebellion

Constitutional -imits on E"ecutive Clemenc% Pardon

When the public safet re;uires it

Amnest% Administrative Penalties Other forms of E"ecutive Clemenc%

7. D!-ation #!!


*ernas Primer at #1 %200) ed.(



&7


S#ction 45. E6cept in cases of impeachment4 or as otherwise provided in this Constitution4 the President ma ,rant reprieves4 commutations4 and pardons4 and remit fines and forfeitures4 after conviction b final 2ud,ment. #e shall also have the power to ,rant amnest with the concurrence of a ma2orit of all the :embers of the Con,ress.

A. Pow#- o% E@#c!ti(# Cl#+#ncy Non'#l#a&l#.$he power of e6ecutive clemenc is a nondele,able power and must be e6ercised b the President personall.17= Clemenc is not a function of the 2udiciar it is an e6ecutive function.17( $he e6ercise of the pardonin, power is discretionar in the President and ma not be controlled b the le,islature or reversed b the courts4 save onl when it contravenes its limitations.17'


D. Li+it on E@#c!ti(# Cl#+#ncy Contit!tional Li+it on E@#c!ti(# Cl#+#ncy* !t cannot be e6ercised in ca# o%i+$#ac)+#nt )eprieves4 commutations4 and pardons4 and remission of fines and forfeitures can be ,iven onl @after con(iction &y %inal /!'+#nt  0 ,rant of amnest must be with the concurrence of a @ma2orit of all the :embers of Con,ressA o pardon4 amnest4 parole4 or suspension of sentence for (iolation o% #l#ction law 4 rules4 and re,ulations shall be ,ranted b the President without the favorable recommendation of CJ:ELEC.1= Ot)#- Li+itation* 0 pardon cannot be e6tended to a person convicted of le,islative contempt or civil contempt. Pardon cannot also be e6tended for the purpose of absolvin, the pardonee of civil liabilit4 includin, 2udicial costs. Pardon will not restore offices forfeited.1=%

". P! -$o # %o- t)# G-a nt o% Pow#- o% E@# c!t i(# Cl#+#ncy Ratio*#uman fallibilit P!-$o#. $hat Section %& ,ives to the President the power of e6ecutive clemenc is a tacit admission that human institutions are imperfect and that there are infirmities in the administration of 2ustice. $he power therefore e6ists as an instrument for co--#ctinthese in%i-+iti# and f or +itiatin whatever )a-)n# mi,ht be ,enerated b a too strict application of the law.17& !n recent ears4 it has also been used as a bar,ainin, chip in efforts to unif various political forces. C. Fo-+ o% E@#c!ti(# Cl#+#ncy 8%&'' Bar Question9

R#$-i#(# a postponement of a sentence to a date certain4 or a sta in the e6ecution. Co++!tation  reduction or miti,ation of the penalt. Pa-'on act of ,race which e6empts the individual on whom it is bestowed form the punishment which the law inflicts for the crime he has committed. R#+iion o% %in# Fo-%#it!-# A+n#ty commonl denotes the >,eneral pardon to rebels for their treason and other hi,h political offenses?. *ernas &ommentar+, p # %200# ed(.

E. Pa-'on
*ernas &ommentar+, p 2 %200# ed(. &ru', Philippine Political Law, p. 21! %1! ed(.

*ernas %1! ed(. Primer at #20 %200) ed.( &ru', Philippine Political Law, p. 21!

*ernas Primer at #20 %200) ed.(



*ernas &ommentar+, p # %200# ed(. &ru', Philippine Political Law, p. 21) %1! ed(. *ernas &ommentar+, p " %200# ed(. Sinco, Philippine Political Law, p 21 %1!"ed(.

&=



c. Pardon implies ,uilt. 0 pardon loo*s to the future.

0 convict who has alread served his prison term ma still be e6tended a pardon for the purpose of relievin, him of whatever accessor liabilities have attached to his offense.1=(

Clai%ication o% Pa-'on Pl#na-y E6tin,uishes all the penalties imposed upon the offender4 includin, accessor disabilities.

←

Pa-tialDoes penalties.

←

not

e6tin,uish

all

the

A&ol!t# Jne e6tended without an strin,s attached.

←

Con'itional  Jne under which the convict is re;uired to compl with certain re;uirements.

←

Pa-'on## +ay -#/#c t con'ition al $a-'on.Where the pardon is conditional4 the offender has the ri,ht to re2ect the same since he ma feel that the condition imposed is more onerous than the penalt sou,ht to be remitted 1=5

←

Con'ition, law%!l. !t is necessar that the condition should not be contrar to an provision of law.1=7 Con'ition,co#@t#ni(#. $he condition of the pardon shall be co e6tensive with the penalt remitted. #ence4 if the condition is violated after the e6piration of the remitted penalt4 there can no lon,er be violation of the conditional pardon.

d. hen the condition is that the reci!ient o% the !ardon should not "iolate any o% the !enal laws, who determines whether !enal laws ha"e een "iolated  Must the reci!ient o% !ardon undergo trial and e con"icted %or the new o%%ensesK $he rule that is followed is that the acceptance of the conditions of the pardon imports the acceptance of the condition that the President will also determine whether the condition has been violated. 8$orres v. Gon-ales4 %7/ SC)0 /(/ 8%&'(99 8%&&(4 /7 Bar Question9 1== . Sco$# o% Pa-'on !n ,rantin, the President the power of e6ecutive clemenc4 the Constitution does not distin,uish between criminal and administrative cases. 8Llamas v. Jrbos9

Pardon is onl ,ranted after conviction of final 2ud,ment.

&ru', Philippine Political Law, p. 21- %1! ed(. Sinco, Philippine Political Law, p 21 %1!"ed(.

. Li+itation on E@#-ci# o% Pa-'on Contit!tional Li+itation !t

cannot be e6ercised in ca #  o % i+$#ac)+#nt )eprieves4 commutations4 and pardons4 and remission of fines and forfeitures can be ,iven onl @after con (ic tio n &y %in al /!'+#nt o pardon4 amnest4 parole4 or suspension of sentence for (iolation o%#l#ction law 4 rules4 and re,ulations shall be ,ranted b the President without the favorable recommendation of CJ:ELEC.1=' Ot)#- Li+itation* ←

←

←

0 pardon cannot be e6tended to a person convicted of le,islative contempt or civil contempt. Pardon cannot also be e6tended for the purpose of absolvin, the pardonee of civil liabilit4 includin, 2udicial costs. Pardon will not restore offices forfeited 1=& or propert or interests vested in others in conse;uence of the conviction and 2ud,ment.1(

W)#n Act o% Pa-'on Co+$l#t#' Conditional 0 pardon must be delivered to and accepted b the offender before it ta*es effect. )eason< $he reason for re;uirin, acceptance of a pardon is the need for protectin, the welfare of its recipient. $he condition ma be less acceptable to him than the ori,inal punishm ent4 and ma in fact be more onerous. 1(% A#solute ;ernas submits that acceptance b the condemned is re;uired onl when the offer of clemenc is not without encumbrance. 1(/ 8%&&7 Bar Question9 N o t # * 0 pardon obtained b fraud upon the pardonin, power4 whether b misrepresentation or &ru', Philippine Political Law, p. 21 %1! ed(. *ernas &ommentar+, p # %200# ed(. &ru', Philippine Political Law, p. 21) %1! ed(. Sinco, Philippine Political Law, p 2# %1!"ed(. *ernas &ommentar+, p " %200# ed(. *ernas &ommentar+, p ! %200# ed(.

acinto imene', Political Law &ompendium #2# %200) ed.(



&(


b suppression of the truth or b an other imposition4 is absolutel void.1(1


#a8 Amnesty 4. D#%inition o% A+n#ty

9. E%%#ct o% Pa-'on )elieves criminal liabilit 1(5 Does not absolve civil liabilities Does not restore public offices alread forfeited4 althou,h eli,ibilit for the same ma be restored. a. A to $!n iti (# con # !#n c# an' %in# in %a (o - o% o (# -n +# nt .Pardon relieves a part from all punitive conse;uences of his criminal act. Pardon will have the effect of remittin, fines and forfeitures which otherwise will inure to the interests of the ,overnment itself. &. A to ci( il lia &ilit i# $#- tai nin  to $-i (at # litiant .Pardon will not relieve the pardonee of the civil liabi lit and such other claims4 as ma pertain to private liti,ants. A R#a-' R#intat#+#nt* i. Jne who is ,iven pardon has no demandable ri,ht to reinstatement. #e ma however be reappointed. 8:onsanto v. actoran4 %&'&9 8nce reinstated, he may e gi"en his %ormer rank. See Saello ".


Grant of ,eneral pardon to a class of political offenders either after conviction or even before the char,es are filed. !t is the form of e6ecutive clemenc which under the Constitution ma be ,ranted b the e6ecutive onl with the concurrence of the le,islature.1(( 3. Nat!-# !t is essentiall an e6ecutive act and not a le,islative act. 1(' 8$hou,h concurrence of Con,ress is needed9 80ccordin, to Sinco citin, Brown v. Wal*er4 %=% 3S 7&%4 Con,ress is not prohibited from passin, acts of ,eneral amnest to be e6tended to persons before conviction.91(& 6J . Ti+# o% A$$lication 8%&&7 Bar Question9

0mnest ma be ,ranted before or after the institution of criminal prosecution and sometimes even after conviction. 8People v. Casido4 /=' SC)0 1=9 . E%%#ct o% A$$lication B applin, for amnest4 the accused must be deemed to have admitted the accusation a,ainst him. 8People v. Sali,4 %11 SC)0 7&9 B. E%%#ct o% t)# G-ant o% A+n#ty Criminal liabilit is totall e6tin,uished b amnest the penalt and all its effects are thus e6tin,uished. 8See 0rticle '& of )PC9 !t has also been held that when a detained convict claims to be covered b a ,eneral amnest4 his proper remed is not haeas cor!us petition. !nstead4 he should submit his case to the proper amnest board.1'% 9. R#!iit#8%&&1 Bar Question9 Concurrence of a ma2orit of all the members of Con,ress 8Section %&9 $here must be a previous admission of ,uilt. 8Vera v. People9 7. Pa-'on (. A+n#ty *ernas &ommentar+, p - %200# ed(. *ernas &ommentar+, p  %200# ed(. Sinco, Philippine Political Law, p 2! %1!"ed(. acinto imene', Political Law &ompendium #2! %200) ed.( *ernas &ommentar+, p 01 %200# ed(.

&'



Pa-'on A+n#ty 0ddressed to JD!0)R 0ddressed to PJL!$!C0L offenses offenses Granted to !D!V!D30LS Granted to a CL0S S of persons Conditional pardon must eed not be 0ccepted be accepted o need for con,ressional )e;uires con,ressional concurrence concurrence Private act of the 0 public act4 sub2ect to President 2udicialnotice Pardon loo*s forward. 0mnest loo*s bac*ward Jnl penalties e6tin,uished. Civil indemnit is e6tin,uished. Jnl ,ranted conviction of 2ud,ment

are E6tin,uishes itself1'/ not

the offense

after :abe ,ranted before or final after conviction

Ta@ A+n#tya. Le,al ature b. eeds Concurrence of Con,ress a. L#al Nat!-#.$a6 amnest is a ,eneral pardon or intentional overloo*in, of its authorit to impose penalties on persons otherwise ,uilt of evasion or violation of revenue or ta6 law4 Hand as suchI parta*es of an absolute for,iveness or waiver b the Government of its ri,ht to collect what otherwise would be due it. 8)epublic v. !0C4 %&&%91'1 &. N# #'  Co nc !- -# nc # o% Co n -# ;ernas . submits that the President cannot ,rant ta6 amnest without the concurrence of Con,ress. 1'5 G. Ot)#- Fo-+ o% E@#c!ti(# Cl#+#ncy Grant of reprieves4 commutations and remission of fines and forfeitures are e6plicit in the Constitution. 4. R#$-i#(# 0 reprieve is a postponement of a sentence to a date certain4 or a sta in the e6ecution. 3. Co++!tation Commutation is a remission of a part of the punishment a substitution of a less penalt for the one ori,inall imposed. Commutation does not have to be in an form. $hus4 the fact that a convict was released after si6 ears and placed under See *ernas &ommentar+, p  %200# ed(. *ernas Primer at #2# %200) ed.( *ernas Primer at #2# %200) ed.(



house arrest4 which is not a penalt4 alread leads to the conclusion that the penalt have been shortened. 8Drilon v. C09 Commutation is a pardon in form but not in substance4 because it does not affect his ,uilt it merel reduces the penalt for reasons of public interest rather than for the sole benefit of the offender. !n short4 while a pardon reaches @both punishment prescribed for the offense and ,uilt of the offender4A a commutation merel reduces the punishment.1'7 . R#+iion )emission of fines and forfeitures merel prevents the collection of fines or the confiscation of forfeited propert it cannot have the effect of returnin, propert which has been vested in third parties or mone alread in the public treasur.1'= $he power of the Chief E6ecutive to remit fines and forfeitures ma not be limited b an act of Con,ress.1'( But a statute ma validl authori-e other officers4 such as department heads or bureau chiefs4 to remit administrative fines and forfeitures.1'' I. "o--owin Pow#Power to contract or !uarantee forei!n loans Dut% of the )onetar% 'oard S#ctio n 3J. $he President ma contra ct or ,uarantee forei,n loans on behalf of the )epublic of the Philippines with the prior concurr ence of the :onetar Board4 and sub2ect to such limitations as ma be provided b law. $he :onetar Board shall4 within thirt das from the end of ever ;uarter of the calendar ear4 submit to the Con,ress a complete report of its decision on applications for loans to be contracted or ,uaranteed b the Government or ,overnmentowned and controlled corporations which would have the effect of increasin, the forei,n debt4 and containin, other matters as ma be provided b law.

A. Pow#- to cont-act o- !a-ant## %o-#in loan 6e'uirements 6eason %or Concurrence hy the Monetary ;oard

S!ouses Constantino ". Cuisia 4. R#!i-#+#nt8%&&5 Bar Question9 $he President ma contract or ,uarantee forei,n loans on behalf of the )epublic of the Philippines< With the prior concurrence of the :onetar Board4 and Sinco, Philippine Political Law, p 2" %1!"ed(. *ernas &ommentar+, p 01 %200# ed(. Sinco, Philippine Political Law, p 2! %1!"ed(. Sinco, Philippine Political Law, p 2" %1!"ed(.

&&


←

Sub2ect to such limitations as ma be provided b law

R#aon %o- Conc!--#nc# 0 President ma be tempted to contract or ,uarantee loans to subsidi-e his pro,ram of ,overnment and leave it to succeedin, administration to pa. 0lso4 it will enable forei,n lendin, institutions to impose conditions on loans that mi,ht impair our economic and even political independence.1'& . W)y t)# Mon#ta-y "oa-'. Because the :onetar Board has e6pertise and consistenc to perform the mandate since such e6pertise or consistenc ma be absent amon, the :embers of Con,ress.1& . S$o!# Contantino (. C!iia 3JJB Q< $he %inan cin $-o-a+for forei ,n loans instituted b the President e6tin,uished portions of the countr?s pree6istin, loans throu,h either debt bubac* or bondconversion. $he bubac* approach essentiall preterminated portions of public debts while the bond conversion scheme e6tin,uished public debts throu,h the obtention of a new loan b virtue of a soverei,n bond issuance4 the proceeds of which in turn were used for terminatin, the ori,inal loan. Petition ers contend that bubac* or bond conversion are not authori-ed b 0rticle V!!4 Section /. 0< $he lan,ua,e of the Constitution is simple and clear as it is broad. !t allows the President to contract and forei,n loans.*inds !t ma*es no prohibition on,uarantee the issuance of certain of loans or distinctions as to which *inds of debt instruments are more onerous than others. $his Court ma not ascri be to the Const itution the meanin,s and restrictions that would undul burden the powers of the Pres ident. T)# $lain, cl# a- an' !na +&i!o! la n !a # o% t) # Cont it!tion )o! l' &# cont -!#' in a #n# t)a t wil l all ow t)# %!ll #@# -ci # o% t)# $ow#$-o(i'#' t)#-#i n.!t would be the worst *ind of 2udicial le,islation if the courts were to construe and chan,e the meanin, of the or,anic act.1&%


$he :onetar Board shall4 within thirt das from the end of ever ;uarter of the calendar ear4 !&+it to t)# Con-# a co+$l#t# -#$o-t of its decision on applications for loans to be contracted or ,uaranteed b the Government or ,overnment owned and controlled corporat ions which would have the effect of increasin, the forei,n debt4 and containin, other matters as ma be provided b law. 3. R#aon %o- R#$o-tin !n order to allow Con,ress to act on whatever le,islation ma be needed to protect public interest.1&/ . Fo-#in A%%ai- Pow#-2Di$lo+atic Pow#+he President and *orei!n Affairs Power *orei!n Relations Powers of the President Source of Power Concurrence #% the Senate +reaties v$ E"ecutive A!reements Power to Deport (udicial Review

A. T)# P-#i'#nt an' Fo-#in A%%ai- Pow#- 0s head of State4 the President is supposed to the spo*esman of the nation on e6ternal affairs. 1&1 $he conduct of e6ternal affairs is e6ecutive alto,ether.1&5 #e is the sole or,an authori-ed @to spea* or listenA for the nation in the broad field of e6ternal affairs.1&7 Fo-#in R#lation Pow#- o% t)# P-#i'#nt ←

←

←

←

← ←

". D!ty o% t)# Mon#ta-y "oa-'
←

$he power to ne,otiate international a,reements

treaties

and

$he power to appoint ambassadors and other public ministers4 and consuls $he power to receive ambassadors and other public ministers accredited to the Philippines $he power to contract and ,uarantee forei,n loans on behalf of the )epublic $he power to deport aliens. 1&= $he power to decide that a diplomatic officer who has become !ersona non grata be recalled.1&( $he power to reco,ni-e ,overnments and withdraw reco,nition 1&'

*ernas Primer at #2! %200) ed.( &ru', Philippine Political Law, p. #2# %1! ed(. &ru', Philippine Political Law, p. #2# %1! ed(.

&ru', Philippine Political Law, p. 22# %1! ed(.

Sinco, Philippine Political Law, p 2 %1!"ed(. *ernas Primer at #2) %200) ed.(

*ernas Primer at #2! %200) ed.(

*ernas &ommentar+, p 10 %200# ed(.

Spouses Constantino v. Cuisia! ?.<. 10)0)", :ctober 1#, 200! See *ernas Primer at #2) %200) ed.(

*ernas &ommentar+, p 10 %200# ed( Sinco, Philippine Political Law, p #0) %1!"ed(.



%



via a writ of mandamus. 8Pimentel v. E6ecutive Secretar4 /79

C. So!-c# o% Pow#$he e6tensive authorit of the President in forei,n relations in a ,overnment patterned after that of the 3S proceeds from two ,eneral sources< $he Constitution $he status of soverei,nt and independence of a state. !n other words4 the President derives his powers over the forei,n affairs of the countr not onl from specific provisions of the Constitution but also from customs and positive rules followed b independent states in accordance with international

$he power of the Senate to ,ive its concurrence carries with it the ri,ht to introduce amendments to a treat. 5/ I% the -resident does not agree to any amendments or reser"ations added to a treaty y the Senate, his only recourse is to dro! the treaty entirely. ;ut i% he agrees to the changes, he may !ersuade the other nation to acce!t and ado!t the modi%ications. . T-#aty

law and practice.1&& D. Conc!--#nc# o% S#nat# hen Concurrence o% Senate 4eeded hen Concurrence o% Senate 4ot 4eeded Sco!e o% -ower to Concur #reaty

a. D#%inition.$reat is an international a,reement concluded between States in written form and ,overned b international law4 whether embodied in a sin,le instrument or in two or more related instruments and whatever desi,nation. 8%&=& Vienna Convention on the Law of $reaties9

S#ction 34. o treat or international a,reement shall be valid and effective unless concurred in b at least twothirds of all the :embers of the Senate.

4. W)#n Conc!--#nc# o% S#nat# N##'#' Concurrence of at leas /"1 of all the members of Senate is need for the validit and effectivit of< ←

←

←

←

$reaties of whatever *ind4 whether bilateral or multilateral.5 !nternational 0,reements 8that which are permanent and ori,inal9

←

←

W)#n Conc!--#nc# o% S#nat# Not N##'#' 8/1 Bar Question9 Less formal tpes of international a,reements 0,reements which are temporar or are mere implementations of treaties or statutes do not need concurrence.5%

$reat 0pproval51

E%%#ct o% T-#ati# ←

Contract between states as parties

←

!t is a law for the people of each state to

E. T-#ati# (. E@#c!ti(# A-##+#nt !nternational a,reements which involve political issues or chan,es of national polic and those involvin, international arran,ements of a permanent character ta*e the form or a treat while international a,reements involvin, ad2ustment of details carrin, out well established national policies and traditions and involvin, arran,ements of a more or less temporar nature ta*e the form of e6ecutive a,reements /. !n treaties4 formal documents re;uire ratification4 while e6ecutive a,reements become bindin, throu,h e6ecutive action. 8Commissioner of Customs v. Eastern Sea $radin, 1 SC)0 17%9

←

$he power to ratif is vested in the Presi dent sub2ect to the concurrence of Senate. $he role of the Senate4 however4 is limited onl to ,ivin, or withholdin, its consent or concurrence4 to the ratification. #ence4 it is within the authorit of the President to refuse to submit a treat to the Senate. 0lthou,h the refusal of a state to ratif a treat which has been si,ned in his behalf is a serious step that should not be ta*en li,htl4 such decision is within the competence of the President alone4 which cannot be encroached b the Court

F. Pow#- to D#$o-t Sinco, Philippine Political Law, p 2"# %1!"ed(.

"00

*ernas &ommentar+, p " %200# ed(. 9ote that a treat+ which has become customar+ law ma+ become part of Philippine law b+ incorporation through Article 2 Section. 6asm "01

e,otiation #ere the President alone has authorit

observe 8municipal law955

. Sco$# o% Pow#- to Conc!-

#

Two G#n#-al St#$

*ernas Primer at #2) %200) ed.(


$he power to deport aliens is lod,ed in the President. !t is sub2ect to the re,ulations prescribed "02

. Sinco, Philippine Political Law, p 2 %1!"ed(.

Sinco, Philippine Political Law, p 2 %1!"ed(. Sinco, Philippine Political Law, p #00 %1!"ed(.

%%



in Section =& of the 0dministrative Code or to such future le,islation as ma be promul,ated. 8!n re :cClloch Dic*4 1' Phil. 5%9 $he ad2udication of facts upon which the deportation is predicated also devolves on the Chief E6ecutive whose decisions is final and e6ecutor. 8$an $on, v. Deportation Board4 &= Phil &154 &1= 8%&7799


Bud,et 0ccountabilit5'

II. In%o-+in Pow#- Not )andator% State of the Nation Address S#ction 3. $he President shall address the Con,ress at the openin, of its re,ular session. #e ma also appear before it at an other time.

I. "!'#ta-y Pow#-

S#ction 33. $he President shall submit to the Con,ress within thirt das from the openin, of ever re,ular session4 as the basis of the ,eneral appropriations bill4 a bud,et of e6penditures and sources of financin,4 includin, receipts from e6istin, and proposed revenue measures.

Bud,et E6ecution

←

$he Con,ress ma not increase the appropriations recommended b the President for the operation of the Government as specified in the bud,et. 80rticle V! Section /78%99

$reaties and other international a,reements concluded b the President are also sub2ect to

'ud!etar% Power +he 'ud!et 4overnment 'ud!etar% Process Con!ress )a% Not Increase Appropriations

Le,islative 0uthori-ation

←

D. Con-# May Not Inc-#a# A$$-o$-iation

G. :!'icial R#(i#w

chec* b the Supreme Court4 which has the power to declare them unconstitutional. 80rt. V!!!4 Section 59

←

A. Not Man'ato-y 0lthou,h couched in mandator lan,ua,e4 the first sentence of this provision does not as a rule impose a compellable dut on the President.5& ". Stat# o% t)# Nation A''-# $he President usuall dischar,e s the informin, power throu,h the stateofthenation address4 which is delivered at the openin, of the re,ular session of the le,islature.5%

A. "!'#ta-y Pow#$his power is properl entrusted to the e6ecutive department4 as it is the President who4 as chief administrator and enforcer of laws4 is in best position to determine the needs of the ,overnment and propose the correspondin, appropriations therefor on the basis of e6istin, or e6pected sources of revenue.57 ". T)# "!'#t $he &! ' #t o% -# c# i$ t an ' #@ $# n' it !- # prepared b the Pres ident is the basis for the ,eneral appropriation bill passed b the Con,ress.5= $he phrase @sources of financin,A has reference to sources other than ta6ation. 5( C. Go(#-n+#nt "!'#ta-y P-oc# $he complete ,overnment bud,etar process has been ,raphical l described as consistin, of four ma2or phases< Bud,et Preparation "0

"0!

&ru', Philippine Political Law, p. 22" %1!ed(.

"0)

*ernas Primer at #2 %200) ed.(

"0-

*ernas &ommentar+, p 12 %200# ed(.



?uingona v. &arague, 1) S&
&ru', Philippine Political Law, p. 22) %1! ed(.

%/



$he appellate 2urisdiction of the Supreme Court ma not be increased b law without its advice or concurrence. 8art. = 19 0ppointees to the 2udiciar are now nominated b the +udicial and Bar Council and no lon,er sub2ect to confirmation b Commission on 0ppointments. 8art. ' &9

:UDICIAL DEPARTMENT I$ (>DICIA- DEPAR+)EN+ II$ (>DICIA- POWER8Section %9 III$ (>RISDIC+ION8Section /9 IV$ +.E S>PRE)E CO>R+8Sections 54 (%/9 V$ POWERS O* +.E S>PRE)E CO>R+ 8Sections 74=4 %%4 %=9 VI$ (>DICIA- REVIEW

$he Supreme Court now has administrative supervision over all lower courts and their personnel. 8art. ' =9 $he Supreme Court has e6clusive power to discipline 2ud,es of lower courts. 8art ' %%9 $he members of the Supreme Court and all lower courts have securit of tenure4 which cannot be undermined b a law reor,ani-in, the 2udiciar. 8art. ' %%9 &. $he shall not be desi,nated to an a,enc performin, ;uasi2udicial or administrative functions. 8art. ' %/9

VII$ DECIDIN4 A CASE8Sections 54%1%79 VIII$ O+.ER CO>R+S I. :!'icial D#$a-t+#nt Composition Common Provisions Independence of (udiciar%

$he salar ies of 2ud,es ma not be reduced durin, their continuance in office. 8art. ' %9 $he 2udiciar shall en2o fiscal autonom 8art '19 Jnl the Supreme Court ma order the temporar detail of 2ud,es 8art ' 78199 $he Supreme Court can appoint all officials and emploees of the 2udiciar. 8art. ' 78=99

A. Co+$oition $he Supreme Court and all lower courts ma*e up the 2udicial department of our ,overnment.5%% ". Co++on P-o(iion

1.

!ndependence

of

+udiciar 8See Section 19

2.

Con,ressional

Jversi,ht 8Section /9

#.

Separation

of

Powers 8Section %/9

".

General

)ules

8Section %59

!.

Period to

Decide

Case 8Section %79 C. In'#$#n'#nc# o% :!'icia-y 8/ Bar Question9 $o maintain the independence of the 2udiciar4 the followin, a%#!a-'have been embodied in the Constitution<5%/ $he Supreme Court is a constitutional bod. !t cannot be abolished nor ma its membership or the manner of its meetin, be chan,ed b mere le,islation. 8art ' /9 $he members of the Supreme Court ma not be removed e6cept b impeachment. 8art. & /9 1. $he SC ma not be deprived of its minimum ori,inal and appellate 2urisdiction as prescribed in 0rticle T4 Section 7. 8art. ' /9

&ru', Philippine Political Law, p. 2#1 %1! ed(.

S#ction . $he +udiciar shall en2o fiscal autonom. 0ppropriations for the +udiciar ma not be reduced b the le,islature below the amount appropriated for the previous ear and4 after approval4 shall be automaticall and re,ularl released.

8%&&& Bar Question9 Fica l a!t ono +ymeans freedom from outside control.0s envisioned in the Constitution4 fiscal autonom en2oed b the +udiciarKcontemplates a ,uarantee of full fle"i#ilit% to allocate and utili0e their resources with the wisdom and dispatch that their needs4 re;uire. iscal autonom reco,ni-es the power and authorit to (a1 le"y, assess and collect %ees4 8b9 fi6 rates of compensation not e6ceedin, the hi,hest rates authori-ed b law for compensation4 and 8c9 pa plans of the ,overnment and allocate or disburse such sums as ma be provided b law or prescribed b them in the course of the dischar,e of their functions. $he imposition of restrictions and constraints on the manner the HSupreme CourtI allocate and utili-e the funds appropriated for their operations is anathema to fiscal autonom and violative of the e6press mandate of the Constitution and of the independence and separation of powers. 8Ben,-on v. Drilon9

&ru', Philippine Political Law, p. 22 %1! ed(.



%1


R # a  o n . iscal autonom is ,ranted to the Supreme Court to stren,then its autonom .5%1 $he provision is intended to remove courts from the merc and caprice4 not to sa vindictiveness4 of the le,islature when it considers the ,eneral appropriations bill.5%5 II. :!'icial Pow#Where Vested Definition Scope Intrinsic -imit on (udicial Power 4rave A#use of Discretion Role of -e!islature in (udicial Process


0n accused who has been convicted b final 2ud,ment still possesses collateral ri,hts and these ri,hts can be claimed in the appropriate courts He.,. death convict who becomes insane after his final conviction cannot be e6ecuted while in a state of insanitI $he suspension of death sentence is an e6ercise of 2udicial power. !t is not usurpation of the presidential power of reprieve thou,h the effect is the same the temporar suspension of the e6ecution of the death convict.A 8Eche,ara v. Sec. of +ustice4 %&&&9 Li+it on :!'icial Pow#Courts ma not assume to perform non2udicial functions.

←

!t is not the function of the 2udiciar to ,ive advisor opinion

←

S#ction 4. $he 2udicial power shall be vested in one Supreme Court and in such lower courts as ma be established b law. +udicial power includes the dut of the courts of 2ustice to settle actual controversies involvin, ri,hts which are le,all demandable and enforceable4 and to determine whether or not there has been a ,rave abuse of discretion amountin, to lac* or e6cess of 2urisdiction on the part of an branch or instrumentalit of the Government.

A. :!'icial Pow#- W)#-# V#t#' 8%&'& Bar Question9 +udicial power shall be vested in one Supreme Court and in such lower courts as ma be established b law. 8Section % par. %9

+udicial power must sometimes ield to separation of powers4 political ;uestions and

←

enrolled bill rule. 4. B the principle of separation of powers4 courts +ay n #i t) #- at t# +$ t to a ! +# n o- &# co+$#ll#' to $#-%o-+ non/!'icial %!nction .5%( $hus4 a court ma not be re;uired to act as a board of arbitrators 8:anila Electric Co. v. Pasa $ransportation 8%&1/9. or ma it be char,ed with administrative functions e6cept when reasonabl incidental to the fulfillment of official duties. 8oble2as v. $ehan*ee9 either is it?s the function of the 2udiciar to ,ive advisor opinions.

". D#%inition o% :!'icial Pow#8%&&5 Bar Question9 T-a'itional Conc#$t* +udicial power includes the dut of the courts of 2ustice to settle actual controversies involvin, ri,hts which are le,all demandable and enforceable. 8Section %4 / nd sentence9 "-oa'#n#' Conc#$t*Dut to determine whether Hor notI there has been a ,rave abuse of discretion amountin, to lac* or e6cess of 2urisdiction on the part of an branch or instrumentalit of the Government. 8Section %4 / nd sentence9 C. Sco$# o% :!'icial Pow#8%&'& Bar Question9 +udicial power is the measure of the allowable scope of 2udicial action. 5%7 $he use of the word @includesA in Section % connotes that the provision is not intended to be an e6haustive list of what 2udicial power is.5%=

*ernas Primer at ##) %200) ed.( &ru', Philippine Political Law, p. 2#- %1! ed(. *ernas &ommentar+, p 1" %200# ed(. *ernas &ommentar+, p 1 %200# ed(.

3. A'(io-y O$inion. 0n a'(io-y o$inionis an opinion issued b a court that does not have the effect of resolvin, a specific le,al case4 but merel advises on the constitutionalit or interpretation of a law. $he nature of 2udicial power is also the foundation of the principle that it is not the function of the 2udiciar to ,ive advisor opinion.5%' !f the courts will concern itself with the ma*in, of advisor opinions4 there will be loss of 2udicial presti,e. $here ma be less than full respect for court decisions. D#cla- at o- y O$inion.

:! '  +# n t

(.

A' ( i o- y

D#cla-ato-y A'(io-y : ! '  +# n t O $ in io n  !nvolves real parties )esponse to a le,al with real conflictin, issue posed in the interests abstractinadvanceof an actual case in which it ma be presented a f inal Binds no one +ud,ment is one forever bindin, on the parties. *ernas &ommentar+, p 1) %200# ed(. *ernas &ommentar+, p 21 %200# ed(.



%5


0 2udicial act


ot a 2udicial ac t

5%&

. $he >broadened concept? of 2udicial power is not meant to do awa with the political ;uest ions doctrine itself. $he concept must sometimes ield to #$ a-a tio n o% $ow #-4 to the doctrine on @$olitical !#tion A or to the @ #n-oll#' &ill A rule.5/

such proceedin ,. 8Channie $an v. )epublic4 %( Phil =1/ 8%&=99 0n award of honors to a student b a board of teachers ma not be reversed b a court where the awards are ,overned b no applicable law. 8Santia,o +r. v. Bautista9 or ma courts reverse the award of a board of 2ud,es in an oratorical contest. 8elipe v. Leuterio4 &% Phil 5'/ 8%&7/99.5/7

E. G-a(# A&!# Cla!# @$o determine whether or not there has been a ,rave abuse of discretion amountin, to lac* or e6cess of 2urisdiction on the

III. :!-i'iction Definition Scope Role of Con!ress

part of an branch or instrumentalit of the GovernmentA

ot ever abuse of discretion can be the occasion for the Court to come in b virtue of the second sentence of Section %. !t must be @,rave abuse of discretion amountin, to lac* or e6cess of 2urisdiction.A5/% $here is ,rave abuse of discretion< when an act done contrar to the Constitution4 the law4 or 2urisprudence4 or it is e6ecuted whimsicall4 capriciousl4 arbitraril out of malice4 ill will or personal bias. 8!nfotech v. CJ:ELEC4 /59 0,ain4 the >broadened concept? of 2udicial power is not meant to do awa with the political ;uestions doctrine itself. $he concept must sometimes ield to separation of powers4 to the doctrine on @political ;uestionsA or to the @enrolled billA rule. 5// 8%&&7 Bar Question9 )ule =7 embodies the Grave 0buse Clause.5/1 F. Rol# o% L#ilat!-# in :!'icial P-oc# 0lthou,h 2udicial power is vested in the 2udiciar4 the proper e6ercise of such power re;uires prior le,islative action< Definin, such enforceab le and demandable ri,hts and Determinin, the court with 2urisdiction to hear and decide controversies or disputes arisin, from le,al ri,hts.5/5 Courts cannot e6ercise 2udicial power when there is no applicable law. $he Court has no authorit to entertain an action for 2udicial declaration of citi-enship because there was no law authori-in,

S#ction 3. $he Con,ress shall have the power to define4 prescribe4 and apportion the 2urisdiction of the various courts but ma not deprive the Supreme Court of its 2urisdiction over cases enumerated in Section 7 hereof. o law shall be passed reor,ani-in, the +udiciar when it undermines the securit of tenure of its :embers.

A. D#%inition +urisdiction is the power and authorit of the court to hear4 tr and decide a case. 8De La Cru- v. C04 /=9 ". Sco$# !t is not onl the ()1 $ow#- to '#t#-+in# 4 but the (1 $ow#- to #n%o-c# it '#t#-+ination . $he (31 $ow#- to cont-ol t)# #@#c!tion of its decision is an essential aspect of 2urisdiction 8Eche,ara . Sec. of +ustice4 1% SC)0 &=9 C. Rol# o% Con-# Pow# -. $he Con,r ess shall have the power to define4 prescribe4 and apportion the 2urisdiction of the various courts. 8Section /9 Li+itation* ←

←

←

Con,ress ma not deprive the Supreme Court of its 2urisdiction over cases enumerated in Section 7. 8 art. ' /9 o law shall be passed reor,ani-in, the +udiciar when it undermines the securit of tenure of its :embers. 8 art. ' /9 $he appellate 2urisdiction of the Supreme Court ma not be increased b law e6cept upon its advice and concurrence. 8art. =  19

*ernas &ommentar+, p 2" %200# ed(.

X +urisdiction in Section / refers to 2urisdiction over

See *ernas &ommentar+, p 1620 %200# ed(. *ernas &ommentar+, p 20 %200# ed(. See *ernas &ommentar+, p 1620 %200# ed(. Annotation to the =rit of Amparo. *ernas Primer at ##! %200) ed.(

cases H2urisdiction over the sub2ect matterI. 5/=

*ernas Primer at ##! %200) ed.( &ru', Philippine Political Law, p. 2### %1! ed(.



%7


IV. T)# S!$-#+# Co!-t Nature Composition @ualifications (udicial and 'ar Council Appointment Salaries +enure Removal Prohi#ition A. Nat!-# $he HSupremeI Court is a court of law. !ts primar tas* is to resolve and decide cases and issues presented b liti,ants accordin, to law. #owever4 it ma appl e;ui t where the court is unable to arrive at a conclusion or 2ud,ment strictl on the basis of law due to a ,ap4 silence4 obscurit or va,ueness of the law that the Court can still le,itimatel remed4 and the special circumstances of the case. 8)ule 14 Section % of /% SC !nternal )ules9 Conc#$t o% P-#c#'#nc# in t)# S!$-#+# Co!-t $he Chief +ustice en2os precedence over all the other :embers of the Court in all official functions. $he 0ssociate +ustices shall have precedence accordin, to the order of their appointments as officiall transmitted to the Supreme Court. $he rule on precedence shall be applied in the followin, instances< in the determination of the Chairpersonship of the Division in the seatin, arran,ement of the +ustices in all official functions and in the choice of office space4 facilities4 e;uipment4 transportation4 and cotta,es. ". Co+$oition S#ction . 8%9 $he Supreme Court shall be composed of a Chief +ustice and fourteen 0ssociate +ustices. !t ma sit en banc or in its discretion4 in division of three4 five4 or seven :embers. 0n vacanc shall be filled within ninet das from the o ccurrence thereof.

Co+$oition o% t)# S!$-#+# Co!-t* ifteen 84B9. % Chief +ustice and %5 0ssociate +ustices. B so fi6in, the number of members of the Supreme Court at HfifteenI4 it seems lo,ical to infer that no statute ma validl increase or decrease it.5/(

"2-


Co ll # ia t# Co !- t. $he primar purpose of a colle,iate court is precisel to provide for the most e6haustive deliberation before a conclusion is reached.5/' C. 1!ali%ication S#ction 7. 8%9 o person shall be appointed :ember of the Supreme Court or an lower colle,iate court unless he is a naturalborn citi-en of the Philippines. 0 :ember of the Supreme Court must be at least fort ears of a,e4 and must have been for fifteen ears or more a 2ud,e of a lower court or en,a,ed in the prac tice of law in the Philippines. $he Con,ress shall prescribe the ;ualifications of 2ud,es of lower courts4 but no person ma be appointed 2ud,e thereof unless he is a citi-en of the Philippines and a member of the Philippine Bar. 0 :ember of the +udiciar must be a person of proven competence4 inte,rit4 probit4 and independence.

1!ali%ication o% a M#+&#- o% t)# S!$-#+# Co!-t* :ust be a natural born citi-en of the Philippines :ust at least be 5 ears of a,e :ust have been for %7 ears or more a 2ud,e of a lower court or en,a,ed in the practice of law in the Philippines and 0 person of proven competence4 inte,rit4 probit4 and independence. Con,ress ma not alter the ;ualifications of :embers of the Supreme Court and the constitutional ;ualifications of other members of the +udiciar. But Con,ress ma alter the statutor ;ualifications of 2ud,es and 2ustices of lower courts.5/& !t behooves ever prospective appointee to the +udiciar to apprise the appointin, authorit of ever matter bearin, on his fitness for 2udicial office4 includin, such circumstances as ma reflect on his inte,rit and probit. $hus the fact that a prospective 2ud,e failed to disclose that he had been administrativel char,ed and dismissed from the servi ce for ,rave misconduct b a former President of the Philippines was used a,ainst him. !t did not matter that he had resi,ned from office and that the administrative case a,ainst him had become moot and academic. 51 Similar4 before one who is offered an appointment to the Supreme Court can accept it4 he must correct the entr in his birth certificate that he is an alien.51% &ru', Philippine Political Law, p. 2) %1! ed(. *ernas Primer at #!) %200) ed.( /n re 87C v. 8ud&e ;uitain! +BC o. %14 0u,ust //4 /(.

Sinco, Philippine Political Law, p #1 %1!"ed(.



%=


;A M#+&#- o% t)# :!'icia-y +!t &# a $#-on o% $-o(#n co+$#t#nc#, int#-ity, $-o&ity, an' in'#$#n'#nc#.?

Co+$#t#nc #. !n determinin, the competence of the applicant or recommendee for appointment4 the +udicial and Bar Council shall consider his educational preparation4 e6perience4 performance and other accomplishments of the applicant. 8)ule 1 Section % of +BC )ules See Canon = of /5 ew Code of +udicial Conduct9 Int#-ity.$he +udicial and Bar Council shall ta*e ever possible step to verif the applicant?s record of and reputation for honest4 inte,rit4 incorruptibilit4 irreproachable conduct and fidelit to sound moral and ethical standards. 8)ule 54 Section % of +BC )ules See Canon / of /5 C+C9


Secretar of +ustice )epresentative of Con,ress 6egular Memers (#erm o% B years a!!ointed y -resident with the consent o% CA1 )epresentative of !BP Professor of Law )etired :ember of SC )epresentative of private sector $he Cler* of the Supreme Court shall be the Secretar e6 officio of the +BC. R# $- # #n ta ti (#

%- o +

Co n - # . Such

representative !n practice4 thema two come housesfrom noweither wor* #ouse. out a wa of sharin, representation.51/ 0 member from each comes from both #ouses but each have onl half a vote.511

P-o&ity an' In'#$#n'#nc#. 0n evidence relevant to the candidate?s probit and independence such as4 but not limited to4 decision he has rendered if he is an incumbent member of the 2udiciar or reflective of the soundness of his 2ud,ment4 coura,e4 rectitud e4 cold neutralit and stren,th of character shall be considered. 8)ule 7 Section of +BC )ules See Canon % of /5 C+C9

F!n cti on o% :"C. +BC?s principal function is to recommend to the President appointees to the +udiciar. !t ma e6ercise such other functions and duties as the Supreme Court ma assi,n to it.

D. :! ' i ci al an ' "a - Co !n ci l8%&''4 %&&& Bar Question9

Rat iona l# %o- C-# ation o% :"C.$he Council was principall desi,ned to eliminate politics from the appointment and 2ud,es and 2ustices. $hus4 appointments to the +udiciar do not have to ,o

Composition *unction

Reason for Creation S#ction 6. 0 +udicial and Bar Council is hereb created under the supervision of the Supreme Court composed of the Chief +ustice as e6 officio Chairman4 the Secretar of +ustice4 and a representative of the Con,ress as e6 officio :embers4 a representative of the !nte,rated Bar4 a professor of law4 a retired :ember of the Supreme Court4 and a representative of the private sector. $he re,ular members of the Council shall be appointed b the President for a term of four ears with the consent of the Commission on 0ppointments. Jf the :embers first appointed4 the representative of the !nte,rated Bar shall serve for four ears4 the professor of law for three ears4 the retired +ustice for two ears4 and the representative of the private sector for one ear. $he Cler* of the Supreme Court shall be the Secretar e6 officio of the Council and shal l *eep a record of its proceedin,s. $he re,ular :embers of the Council shall receive such emoluments as ma be determined b the Supreme Court. $he Supreme Court shall provide in its annual bud,et the appropriations for the Council. $he Council shall have the principal function of recommendin, appointees to the +udiciar. !t ma e6ercise such other functions and duties as the Supreme Court ma assi,n to it.

Co+$oition o% :"C*

1. SC Chief +ustice (e8 o%%icio Chairman1 78 o%%icio Memers I sweat, I bleed, I soar…


+BC does not perform 2udicial or ;uasi2udicial functions 8+ Brion?s Concurrin, and Dissentin, Jpinion in De Castro v. +BC9

throu,h a political Commission on 0ppointments. 515

R#lation)i$ o% :"C an' SC $he Court cannot dictate on the +BC the results of its assi,ned tas*4 i.e.4 who to recommend or what standards to use to determine who to recommend. !t cannot even direct the +BC on how and when to do its dut4 but it can4 under its power of supervision4 direct the +BC to $take such action or ste! as !rescried y law to make them !er%orm their duties,& if the duties are not bein, performe d because of +BC?s fault or inaction4 or because of e6traneous factors affectin, performance. ote in this re,ard that4 constitutionall4 the Court can also assi,n the +BC other functions and dutie s F a power that su,,ests authorit beond what is purel supervisor. 8+ Brion?s Concurrin, and Dissentin, Jpinion in De Castro v. +BC9 $he process of preparin, and submittin, a list of nominees is an arduous and timeconsumin, tas* that cannot be done overni,ht. !t is a si6step process lined with standards re;uirin, the +BC to attract the best available candidates4 to e6amine and investi,ate them4 to e6hibit transparenc in all *ernas Primer at #!) %200) ed.( *ernas &ommentar+, p " %200# ed(. *ernas Primer at #!- %200) ed.(

%(


its actions while ensurin, that these actions conform to constitutional and statutor standards 8such as the election ban on appointments94 to submit the re;uired list of nominees on time4 and to ensure as well that all these acts are politicall neutral. Jn the time element4 the +BC list for the Supreme Court has to be submitted on or before the vacanc occurs ,iven the &da deadline that the appointin, President is ,iven in ma*in, the appointment. +he list will #e su#mitted, not to the President as an out!oin! President, nor to the election winner as an incomin! President, #ut to the President of the Philippines whoever he ornot shact e ma% #e$ !f list thewithin incument does on the +BC the time-resident left in her term4 the same list shall be available to the new -resident for him to act upon. !n all these4 the Supreme Court bears the burden of overseein, that the +BC?s dut is done4 unerrin,l and with utmost dispatch the Court cannot underta*e this supervision in a manner consistent with the Constitution?s e6pectation from the +BC unless it adopts a proactive stance within the limits of its supervisor authorit. 8+ Brion?s Concurrin, and Dissentin, Jpinion in De Castro v. +BC9


the Supreme Court t#+$o-a-ilyto sit as +ustice of Supreme Court.51'

ASM:
$he prohibition of the diminution of the salar of +ustices and 2ud,es durin, their continuance in office is intended as a protection for the independence of the 2udiciar.51& $he clear intent of the Constitutional Commission was to sub2ect the salar of the 2ud,es and 2ustices to income ta6. 8itafan v. C!)4 %&'(9 G. T#n!-# S#ction 44. $he :embers of the Supreme Court and 2ud,es of lower courts shall hold office durin, ,ood behavior until the reac h the a,e of #(#nty y#a- or become incapacitated to dischar,e the duties of their office. $he Supreme Court en anc shall have the power of discipline 2ud,es of lower courts4 or order their dismissal b a vote of a ma2orit of the :embers who actuall too* part in the deliberations on the issues in the case and voted thereon.

E. A$$oint+#nt S#ction 5. $he :emb ers of the Supr eme Cour t and 2ud,es of lower courts shall be appointed b the President from a list of at least three nominees prepared b the +udicial and Bar Council for ever vacanc. Such appointments need no confirmation. or the lower courts4 the President shall issue the appointments within ninet das from the submission of the list.

or ever vacanc4 the +udicial and Bar Council submits to the Pres ident a list of at least three names. $he President ma not appoint anbod who is not in the list. !f the President is not satisfied with the list4 he ma as* for another list.517 W)y at l#at 0$he reason for re;uirin, at least three nominees for ever vacanc is to ,ive the President enou,h leewa in the e6ercise of his discretion when he ma*es his appointment. !f the nominee were limited to onl one4 the appointment would in effect be made b the +udicial and Bar Council4 with the President performin, onl the mathematical act of formali-in, the commission. 51=

Securit of $enure is essential to an independent 2udiciar. $he Supreme Court ma investi,ate or discipline its own members. 8See ! $#E :0$$E) J $#E C#0)GES J PL0G!0)!S:4 E$C.4 0G0!S$ 0SSJC!0$E +3S$!CE :0)!0J C.DEL C0S$!LLJ. 0.:. o. %(%(SC See also ! )E< 3D0$ED LE$$E) J :). LJ3!S C. B!)0JGJ 0.:. o. &/ %&SC9 H. R#+o(al "y I+$#ac)+#nt.$he :embers of the Supreme Court are removable onl b impeachment. $he can be said to have failed to satisf the re;uirement of @,ood behaviorA onl if the are ,uilt of the offenses which are constitutional ,rounds of impeachment.

+ud,es ma not be appointed in an actin, capacit or temporar capacit. 51( !t should be noted that what the Constitution authori-es the President to do is to appoint +ustices and 2ud,es and not t)# a!t)o-itymerel to '#inat#a nonmember of "#! *ernas &ommentar+, p ! %200# ed(. "#)

&ru', Philippine Political Law, p. 2#" %1! ed(.

"#- &ru', Philippine Political Law, p. 2#- %1! ed(.



"# "#

*ernas &ommentar+, p ! %200# ed(. *ernas &ommentar+, p ) %200# ed(.

%'


$he members of the Supreme Court ma be removed from office on impeachment for4 and conviction of< Culpable violation of the Constitution $reason Briber Graft and Corruption Jther #i,h Crimes Betraal of Public $rust80rticle T!4 Section /9 0 Supreme Court +ustice cannot be char,ed in a criminal case or a disbarment proceedin,4 because the ultimate effect of either is to remove him from office4 and thus circumvent the provision on removal b impeachment thus violatin, his securit of tenure 8!n )e< irst !ndorsement from #on. )aul Gon-ale-4 0.:. o. ''575119 H. P-o)i&ition S#ction 43. $he :embers of the Supreme Court and of other courts established b law shall not be desi,nated to an a,enc performin, ;uasi2udicial or administrative functions.

$he provision merel ma*es e6plicit an application of the principles of separate of powers.55 $a*e note of the other tas*s ,iven to SC or the :embers of SC b the Constitution< SC en banc as Presidential Electoral $ribunal 8art ( 59 Chief +ustice as presidin, officer of the impeachment Court when the President is in trial 8art. %% 18=99. Chief +ustice as e6 officio chairman of the +BC. 8art. ' '8%99. +ustices as members of Electoral $ribunals 8art. = %(9.

Atty. ARIS S. MANGUERA E6ercise ori,inal 2urisdiction over cases affectin, ambassadors4 other public ministers and consuls4 and over petitions for certiorari4 prohibition4 mandamus4 ;uo warranto4 and habeas corpus. )eview4 revise4 reverse4 modif4 or affirm on appeal or certiorari as the law or the )ules of Court ma provide4 final 2ud,ments and orders of lower courts in < 0ll cases in which the constitutionalit or validit of an treat4 international or e6ecutive a,reement4 law4 presidential decree4 proclamation4 order4 instruction4 ordinance4 or re,ulation is in ;uestion. ←

0ll cases involvin, the le,alit of an ta64 impost4 assessment4 or toll4 or an penalt imposed in relation thereto. ←

0ll cases in which the 2urisdiction of an lower court is in issue. ←

0ll criminal cases in which the penalt imposed is reclusion perpetua or hi,her. ←

0ll cases in which onl an error or ;uestion of law is involved. 0ssi,n temporaril 2ud,es of lower courts to other stations as public interest ma re;uire. Such temporar assi,nment shall not e6ceed si6 months without the consent of the 2ud,e concerned. Jrder a chan,e of venue or place of trial to avoid a miscarria,e of 2ustice. Promul,ate rules concernin, the protection and enforcement of constitutional ri,hts4 pleadin,4 practice4 and procedure in all courts4 the admission to the practice of law4 the !nte,rated Bar4 and le,al assistance to the underprivile,ed. Such rules shall provide a simplified and ine6pensive procedure for the speed disposition of cases4 shall be uniform for all courts of the same ,rade4 and shall not diminish4 increase 4 modif substantive ri,hts. )ules of procedure of special courts and ;uasi 2udicial bodies shall remain effective unless disapproved ←

b the Supreme Court. 0ppoint all officials and emploees of the +udiciar in accordance with the Civil Service Law. S#ction 9. $he Supreme Court shall have administrative supervision over all courts and the personnel thereof.

V. Pow#- o% S!$-#+# Co!-t 4eneral Power Specific Powers Ori!inal (urisdiction Appellate (urisdiction +emporar% Assi!nment of (ud!es Chan!e of Venue or Place of +rial Rule:)a&in! Power Appointment of Court Personnel Administrative Supervision of Courts Disciplinar%?Dismissal Powers Contempt Powers Annual Report S#ction B. $he Supreme Court shall have the followin, powers< ""0

*ernas &ommentar+, p 1 %200# ed(.


S#ction 44 666$he Supreme Court en anc shall have the power of discipline 2ud,es of lower courts4 or order their dismissal b a vote of a ma2orit of the :embers who actuall too* part in the deliberations on the issues in the case and voted thereon.

A. G#n#-al Pow#+udicial Power 8%9 ". S$#ci%ic Pow#- S$#ci%ic Pow#- o% t)# S!$-#+# Co!-t !n'#A-ticl# VIII* Jri,inal +urisdiction 0ppellate +urisdiction $emporar 0ssi,nment of +ud,es Chan,e of Venue or Place of $rial )ule:a*in, Power 0ppointment of Court Personnel 879 0dministrative Supervision of Courts 8=9

%&




prohibition and mandamus a,ainst lower courts and bodies and in petit ions for 'uo warranto and haeas cor!us. 8BP %/& &8%94 /%8/99

. Dismissal" )emoval Powers 8%%9 (Section 9()1 and (1 re%er to the irreducile @urisdiction o% the Su!reme Court while Section 9 (3 EH1 and Section H !ro"ide o% au8iliary administrati"e !owers.1

P-inci$l# o% :!'icial Hi#-a-c)y 3nder a 2udicial polic reco, ni-in, hierarchy o% courts4 a hi,her court will not entertain direct resort to it unless the redress cannot be obtained in the appropriate courts. 8Santia,o v. Vas;ue-4 /%( SC)0 %=(9 $hus4 while it is true that the issuance of a writ of prohibition under )ule =7 is within the 2urisdiction of the Supreme Court4 a petitioner cannot see* relief from the Supreme Court where the issuance of such writ is also within the competence of the )e,ional $rial Court or the Court of 0ppeals. 0 direct recourse of the Supreme Court?s ori,inal 2urisdiction to issue writs should be allowed onl when there are special and important reasons therefore4 clearl and specificall set out in the petition. 8:an,ahas v. Paredes4 /(9

Ot)#- Pow#- o% SC* +urisdiction over proclamation of :artial law or suspension of the writ of habeas corpus 8art. ( %'9 +urisdiction over Presidential and Vice Presidential election contests 8art. ( 59 +urisdiction over decision4 order4 or rulin, of the Constitutional Commissions. 8art. & (9 Supervision over +BC 8art. ' '8%99 Power to Punish Contempt C. O-iinal :!-i'iction S#ction B4.$he Supreme Court has ori,inal 2urisdiction over< Cases affectin, ambassadors4 other public ministers and consuls. Petitions for certiorari4 prohibition4 mandamus4 ;uo warranto4 and habeas corpus. 55% ote that under internat ional law4 diplomats and even consuls to a lesser e6tent4 are not sub2ect to 2urisdiction of the courts of the receivin, State4 save in certain cases4 as when immunit is waived either e6pressl or impliedl. !n such instances4 the Supreme Court can and probabl should ta*e co,ni-ance of the liti,ation in view of possible international repercussions.55/

1* What cases ma be filed ori,inall in the Supreme Court A* Jnl petitions for certiorari4 prohibition4 mandamus4 ;uo warranto4 habeas corpus4 disciplinar proceedin,s a,ainst members of the 2udiciar and attornes4 and affectin, ambassadors4 other public ministers and consuls ma be filed ori,inall in the Supreme Court. 8 R!l# B9, S#ction 4, R!l# o% Co!-t 9 D. A$$#llat# :!-i'iction S#ction B3.$he Supreme Court has the power to review4 revise4 reverse4 modif4 or affirm on appeal or certiorari as the law or the )ules of Court ma provide4 final 2ud,ments and orders of lower courts in< 0ll cases in which the constitutionalit or validit of an treat4 international or e6ecutive a,reement4 law4 presidential decree4 proclamation4 order4 instruction4 ordinance4 or re,ulation is in ;uestion. 0ll cases involvin, the le,alit of an ta64 impost4 assessment4 or toll4 or an penalt imposed in relation thereto. 0ll cases in which the 2urisdiction of an lower court is in issue. 0ll criminal cases in which the penalt imposed is reclusion perpetua or hi,her. 0ll cases in which onl an error or ;uestion of law is involved.

$he petitions for certiorari, mandamus, prohibition4 and 'uo warranto are special civil action s. $he ;uestions raised in the first three petitions are ;uestions of 2urisdiction or ,rave abuse of discretion and4 in fourth4 the title of the respondent. $he petition for haeas cor!us is a special proceedin,.551 Conc!--#nt :!-i'iction. $he Supreme Court has concurrent ori,inal 2urisdiction with )e,ional $rial Courts in cases affectin, ambassadors4 other public ministers and consuls. 8BP %/&  /%8/99 $he Supreme Court has concurrent ori,inal 2urisdiction with the Court of 0ppeals in petitions for certiorari, prohibition and mandamus a,ainst the )e,ional $rial Courts. 8BP %/&  &8%99 $he Supreme Court has concurrent ori,inal 2urisdiction with the Court of 0ppeals and the )e,ional $rial Courts in petitions for certiorari,

I- -# '! ci &l#. $his appellate 2urisdiction of the Supreme Court is irreducible and ma not be

See
withdrawn from it b Con,ress.555 Final :!'+#n t o% low#- co!- t. !t should be noted that the appeals allowed in this section are """




%%


from final 2ud,ments and decrees onl of @lower courtsA or 2udicial tribunals. 0dministrative decisions are not included.557


stations as public interest ma re;uire. Such temporar assi,nment shall not e6ceed si6 months without the consent of the 2ud,e concerned.

T)# low#- co!-t )a(# co+$#t#nc# to '#ci'# con ti t!t ion al !#ti on . Section 78/98a9 provides that Supreme Court has appellate 2urisdiction over @%inal @udgments and orders all cases in which the constitutionalit% or validit of an treat4 international or e6ecutive a,reement4 law4 presidential decree4 proclamation4 order4 instruction4 ordinance or re,ulation is in ;uestion.A

Ra ti on al # o% t) # P- o( i io n.$he present rule bolsters the independence of the 2udiciar in so far as it vests the power to temporaril assi,n 2ud,es of inferior courts directl in the Supreme Court and no lon,er in the e6ecutive authorities and conditions the validit of an such assi,nment in e6cess of si6 months upon the cons ent of the transferred 2ud,e. $his will minimi-e if not alto,ether eliminate the pernicious practice of the

R#(i#w o%review D#at)bP#nalty Section . 7 re;uires a mandator the Supreme Court of cases where the penalt imposed is reclusion !er!etua4 life imprisonment4 or death. #owever4 the Constitution has not proscribed an intermediate review. $o ensure utmost circumspection before the penalt of death4 reclusion !er!etua or life imprisonment is imposed4 the )ule now is that such cases must be reviewed b the Court of 0ppeals before the are elevated to the Supreme Court.55= ote4 however4 that the rule for the review of decisions of lower courts imposin, death or reclusion perpetua or life imprisonment are not the same. !n case the sentence is death4 there is automatic review b the Court of 0ppeals and ultimatel b the Supreme Court. $his is mandator and neither the accused nor the courts ma waive the ri,ht of appeal. !n the case of the sentence of reclusion perpetua or life imprisonment4 however4 althou,h the Supreme Court has 2urisdiction to review them4 the review is not mandator.

rigodon de @euces, or the transfer of 2ud,es55' at will to suit the motivations of the chief e6ecutive.

55( $herefore in withdrawn. this later cases ma be waived and appealreview ma be

!n 6e!ulic ". Sandiganayan, 00, it was held that the appellate 2urisdiction of the Supreme Court over decisions and final orders of the Sandi,anbaan is limited to ;uestions of law. 0  ! #  t i o n o % l a w e6ists when the doubt or controvers concerns the correct application of law or 2urisprudence to a certain set of facts or when the issue does not call for an e6amination of the probative value of the evidence presented4 the truth or falsehood of f acts bein, admitted. Section 78/94 8a9 and 8b9 e6plicitl ,rants 2udicial review in the Supreme Court. (2udicial 6e"iew will e discussed in the ne8t cha!ter1 E. T#+$o-a-y Ain+#nt o% :!'# S#ction B.$he Supreme Court has the power to assi,n temporaril 2ud,es of lower courts to other &ru', Philippine Political Law, p. 2!) %1! ed(.

People v. Mateo! ?.<. 9o. 1"-)-6-. ul+ -, 200" People v. La&ua& ?.<. 9o. 1-0!)!, anuar+ #1, 200). People v. $oc)a and $amos , ?.<. 9o. 1-#--, August #1, 200-. I sweat, I bleed, I soar…


P!-$o# o% T-an%#-. $emporar assi,nmentsma be 2ustified to arran,e for 2ud,es with clo,,ed doc*ets to be assisted b their less bus collea,ues4 or to provide for the replacement of the re,ular 2ud,e who ma not be e6pected to be impartial in the decision of particular cases.55& P# -+an #n t T-an % #-. Since transfer imports removal from one office and since a 2ud,e en2os securit of tenure4 it cannot be effected without the consent of the 2ud,e concerned. 57 F. C)an# o% V#n!# o- Plac# o% T-ial S#ction B.$he Supreme Court has the power to order a chan,e of venue or place of trial to avoid a miscarria,e of 2ustice. $his power is deeme d to be an incidental and inherent power of the Court. 8 See People v. Gutierre-4 1= SC)0 %(/ 8%&(99 G. R!l# Ma8in Pow#-ower to -romulgate 6ules imits on the 6ule Making -ower 4ature and /unction o% 6ule Making -ower #est to
protection and enforcement of constitutional ri,hts Pleadin,4 practice4 and procedure in all courts $he admission to the practice of law4 &ru', Philippine Political Law, p. 2! %1! ed(. &ru', Philippine Political Law, p. 2! %1! ed(. *ernas &ommentar+, p )-%200# ed(.

%%%


←

←

$he !nte,rated Bar Le,al assistance to the underprivile,ed. 8Section 78799

Li+it on SC R!l# Ma8in Pow#←

←

←

Such rules shall provide a simplified and ine6pensive procedure for the speed disposition of cases. $he shall be uniform for all courts of the same ,rade. $he shall not diminish4 increase4 modif . !&tanti(# -i)t

)ules of procedure of special courts and ;uasi2udicial bodies shall remain effective unless disapproved b the Supreme Court. . Nat!-# an' F!nction o% R!l# Ma8in Pow#Fo- a +o-# in'#$#n'#nt /!'icia-y. $he authorit to promul,ate rules concernin, pleadin,4 practice and admission to the practice of law is a traditional power of the Supr eme Court . $he ,rant of this authorit4 coupled with its authorit to inte,rate the Bar4 to have administrative supervision over all courts4 in effect places in the hands of Supreme Court the totalit of the administration of 2ustice and thus ma*es for a more independent 2udiciar. En)anc# t)# ca$acity to -#n'#- /!tic#. !t also enhances the Court?s capacit to render 2ustic e4 especiall since4 as the Supreme Court has had occasion to sa4 it includes the inherent authorit to suspend rules when the re;uirement of 2ustice demand. :oreover4 since it is to the Supreme Court that rule ma*in, authorit has been ,iven4 rules promul,ated b special courts and ;uasi2udicial bodies are effective unless disapproved b the Supreme Court. . T#t to D#t#-+in# w)#t)#- t)# -!l# 'i+ini), inc-#a# o- +o'i%y !&tanti(# -i)t !f the rule ta*es awa a vested ri,ht4 it is a substantive matter. !f the rule creates a ri,ht4 it ma be a substantive matter. 1. !f it operates as a means of implementin, an e6istin, ri,ht4 then the rule deals merel with procedure. 8abian v. Disierto9 Ill!t-ati(# ca# w)#-# t)# -!l# +#-#ly '#al wit) $-oc#'!-#* Maniao (. CA, 4559 $he rule civil thataction unless a reservation to case file ais separate is reserved4 the civil deemed filed with the criminal case is not about substantive ri,hts. Whether the two actions must be tried in a sin,le proceedin, is a matter of procedure. I sweat, I bleed, I soar…



Fa&ian (. D#i#-to, 4556 $he transfer b the Supreme Court of pendin, cases involvin, a review of decision of the Jffice of the Jmbudsman in administrative actions to the Court of 0ppeals is merel procedural. $his is because4 it is not the ri,ht to appeal of an a,,rieved part which is affected b law. $he right has been preserved. Jnl the !rocedure b which the appeal is to be made or decided has been chan,ed. P#o$l# (. Lacon, JJ SCRA 397

(#his con%using ecause o% the *actsis 'uite )espondent was char,ed withdates1 multiple murder. #e filed a motion with the trial court for 2udicial determination of probable cause. Jn :arch /&4 %&&&4 the trial court dismissed the cases provisionall. Jn December %4 /4 the )evised )ules on Criminal Procedure too* effect. Section ' of )ule %%( allowed the revival of the case which was provisionall dismissed onl within two ears. Jn +une =4 /%4 the criminal cases a,ainst respondent were refilled. )espondent ar,ued that the refillin, of the cases was barred. $he prosecution ar,ued that under 0rticle & of the )evised Penal Code4 it had twent ears to prosecute respondent. .eld Is the rule merel% proceduralK Res4 the rule is merel procedural. Section '4 )ule %%( is not a statute of limitations. $he twoear bar under the rule does not reduce the periods under 0rticle & of the )evised Penal Code. !t is but a limitation of the ri,ht of the State to revive a criminal case a,ainst the accus ed after the case had been filed but subse;uentl provisionall dismissed with the e6press consent of the accused. 3pon the lapse of the period under the new rule4 the State is presumed to have abandoned or waived its ri,ht to revive the case. $he prescription periods under the )evised Penal Code are not diminished. Is the refillin! of cases #arred in this case o. 0 procedural law ma not be applied retroactivel if to do so would wor* in2ustice or would involve intricate problems of due process. $he timebar of two ears under the new rule should not be applied retroactivel a,ainst the State. !f the timebar were to be applied retroactivel so as to commence to run on :arch 1%4 %&&&4 when the prosecutor received his cop of the resolution dismissin, the cases4 instead of ,ivin, the State two ears to revive the provisionall dismissed cases4 the State would have considerabl less than two ears to do so. $he period before December %4 / should be e6cluded in the computation of the twoear period4 because the rule prescribin, it was not

%%/



et in effect at that time and the State could not be e6pected to compl with it.

57%

Ill!t-ati(# ca# w)#-# t)# -!l# '#al wit) !&tanti(# +att#-*

liabilit. $o appl the said rule will contravene 0rticle '& of the )evised Penal Code which is substantive. $he rules promul,ated b the Supreme Court must not diminish4 increase or modif substantive ri,hts.575

PN" (. A!ncion, 6J SCRA 34 *acts Petitioner filed a collection case a,ainst several solidar debtors. Jne of them died durin, the pendenc of the case. $he court dismissed the case a,ainst all the defendants on the ,round that the petitioner should file a claim in the estate proceedin,s. Petitioner ar,ued that

al'i(ia (. R#y#, 344 SCRA 377 Fact* Jn :a 14 %&&4 a complaint was filed with the provincial prosecutor a,ainst petitioner for violatin, an ordinance b ;uarrin, without a maor?s permit. $he information was filed in court on Jctober /4 %&&. Petitioner moved to

the dismissal should be confined to the defendant who died. .eld 0rticle %/%= of the Civil Code ,ives the creditor the ri,ht to proceed a,ainst anone of the solidar debtors or some or all of them simultaneousl. #ence4 in case of the death of one of them4 the creditor ma proceed a,ainst the survivin, debtors. $he )ules of Court cannot be interpreted to mean that the creditor has no choice but to file a claim in the estate of the deceased. Such construction will result in the diminution of the substantive ri,hts ,ranted b the Civil Code.57/

;uash on ofthe ,round ordinances that under prescrib 0ct 11/=4 violations municipal e in two months and the prescriptive period is suspended onl upon the institution of 2udicial proceedin,s. $he prosecution ar,ued that under Section %4 )ule %% of the )ules on Criminal Procedure4 the filin, of a case for preliminar investi,ation interrupts the prescriptive period.

Sant#-o (. CFI, 4B SCRA 736 *acts Durin, the pendenc of the proceedin, for the settlement of the estate of the deceased4 respondents4 who were children of the deceased4 filed a motion as*in, for an allowance for their support. Petitioners4 who were children of the deceased with another woman4 opposed on the ,rounds that petitioners were alread of ma2orit a,e and under Section 1 of )ule '14 the allowance could be ,ranted onl to minor children. .eld 0rticle %'' of the Civil Code ,rants children the ri,ht to support even beond the a,e of ma2orit. #ence4 the respondent were entitled to the allowance. Since4 the ri,ht to support ,ranted b the Civil Code is substantive4 it cannot be impaired b Section 14 )ule '1 of the )ules of Court.571 Da+aco (. La!i, 499 SCRA 34 *acts Petitioner was char,ed with ,rave threats. $he trial court convicted him of li,ht threats. Petitioner moved for reconsideration because the crime of which he was convicted had alread prescribed when the information was filed. .eld While an accused who fails to move to ;uash is deemed to waive all ob2ection which are ,rounds to ;uash4 this rule cannot appl to

.eld !f there is a conflict between 0ct o. 11/= and )ule %% of the )ules on Criminal Procedure4 the former must pre vail. P-#c-i$tion in c-i+inal ca# i a !&tanti(# -i)t .577

Ill!t-ati(# ca# w)#-# -#t-oacti(# a$$lication o% a -!lin will a%%#ct !&tanti(# -i)t* L"P (. D# L#on, 55 SCRA 79 *acts $he Supreme Court ruled that in accordance with Section = of the Comprehensive 0,rarian )eform Law4 appeals from the Special 0,rarian Courts should be made b filin, a petition for review instead of merel filin, a notice of appeal. Petitioner filed a motion for reconsideration4 in which it praed that the rulin, be applied prospectivel. .eld Before the case reached the Supreme Court4 petitioner had no authoritative ,uideline on how to appeal decision of Special 0,rarian Courts in the li,ht of seemin,l conflictin, provisions of Section = and =% of the Comprehensive 0,rarian )eform Law4 because Section =% provided that review shall be ,overned b the )ules of Court. $he Court of 0ppeals had rendered conflictin, decisions on this precise issue. #ence4 the decision of the Supreme Court should be applied prospectivel because it affects substantive ri,ht. !f the rulin, is ,iven retroactive application4 it will pre2udice the ri,ht of appeal of petitioner because its pendin, appeals in the Court of 0ppeals will be dismissed on a mere technicalit thereb4 sacrificin, their substantial merits. 57=

prescription. Prescription e6tin,uishes criminal acinto imene', Political Law &ompendium #"" %200) ed.( acinto imene', Political Law &ompendium, #"2 %200) ed.( acinto imene', Political Law &ompendium, #"# %200) ed.(



acinto imene', Political Law &ompendium, #"# %200) ed.( acinto imene', Political Law &ompendium, #"# %200) ed.( acinto imene', Political Law &ompendium, #"! %200) ed.(

%%1


B. R! l#  Co nc #- ni n t) # $- ot #c ti on an ' #n% o-c #+#nt o% con ti t!t ion al -i )t K R!l # Conc#-nin $l#a'in, $-actic# an' $-oc#'!-# in co!-t Pow#- to Ma8# R!l#K W-it o% A+$a-o. $he )ules on the Writ of 0mparo is promul,ated b the Court based on its power to promul,ate rules for the protection and enforcement of constitutional ri,hts. !n li,ht of the prevalence of e6tra le,al *illin, and enforced disappearances4 the Supreme Court resolved to e6ercise for the first time its power to promul,ate rules to protect our people?s constitutional ri,hts. W-it o% A+$a-o8%&&% Bar Question9 Ety+oloy. @0mparoA comes from Spanish verb @ampararA meanin, @to protect. Nat !-# * 0 writ to protect ri,ht to life4 libert and securit of persons. Section ; of +he Rule on the Writ of Amparo @$he petition for a writ of amparo is a remed available to an person whose ri,ht to life4 libert and securit is violated or threatened with violation b unlawful act or omission of a public official or emploee4 or of a private individual or entit. $he writ shall cover e6trale,al *illin,s and enforced disappearances or threats thereof.A (4ote that not all constitutional rights are co"ered y this 6ule? only right to li%e, lierty and security1 W-it o% Ha&#a Data. $he writ of habeas data is a remed avail able to an perso n whose ri,ht to privac in life4 libert or securit is violated or threatened b an unlawful act or omission of a public official or emploee4 or of a private individual or entit en,a,ed in the ,atherin,4 collectin, or storin, of data or information re,ardin, the person4 famil4 home and correspondence of the a,,rieved part. 8Section %4 $he )ule on the #abeas Data9 W-it o% ali8aan. T)# w-it i a -#+#'y a(aila&l# to a nat!-al o- /!-i'ical $#-on 4 entit authori-ed b law4 people?s or,ani-ation4 non,overnmental or,ani-ation4 or an public interest ,roup accredited b or re,istered with an ,overnment a,enc4 on behalf of persons w)o# contit!tional -i)t to a &alanc#' an' )#alt)%!l #coloy i (iolat#', o- t)-#at#n#' wit) (iolation b an unlawful act or omission of a public official or emploee4 or private individual or entit4 involvin, environmental dama,e of such ma,nitude as to pre2udice the life4 health or propert of inhabitants in two or more cities or provinces. 8)ule (4 )ule of Procedure in Environmental Cases9




See !nternal )ules of the Surpeme Court 0.:. %5/SC In Re Re1uest for Creation of Special Division, A$)$ No$ B<:;:B:SC 2
R#!lation o% D#+ont-ation *acts Petitioner applied for a permit to hold a rall in from of the +ustice #all to protest the dela in the disposition of the cases of his clients. $he maor refused to issue the permit on the ,round that it was prohibited b the )esolution of the Supreme Court dated +ul (4 %&&'4 which prohibited rallies within two hundred meters of an court buildin,. Petitioners ar,ued that the )esolution amended the Public 0ssembl 0ct in violation of the separation of powers. .eld $he e6istence of the Public 0ssembl 0ct does not preclude the Supreme Court from promul,atin, rules re,ulatin, the conduct of demonstration in the vicinit of courts to assure the people of an impartial and orderl administration of 2ustice as mandate b the Constitution. 8!n re Valmonte4 /&= SC)0 6i9 R#!i-#+#nt o% Int#-national A-##+#nt *acts $he Philippines si,ned the 0,reement establishin, the World $rade Jr,ani-ation. Senate passed a resolution concurrin, in $he its ratification b the President. Petitioners ar,ued that 0rticle 15 of the General Provisions and Basic Principles of the 0,reement on $rade)elated 0spects of !ntellectual Propert )i,hts is unconstitutional. 0rticle 15 re;uires members to create a disputa#le presumption in civil proceedin!s that a product shown to be identical to one !roduced with the use o% a !atented !rocess shall be deemed to have been obtained b illegal use o% the !atented !rocess if the product obtained b the patented process is new or there is a substantial li*elihood that the identical produ ct was made with the use of the patented process but the owner of the patent could not determine the e6act process used in obtainin, the identical product. Petitioners ar!ued that this impaired the rule:ma&in! power of the Supreme Court$ .eld 0rticle 15 should present no problem. Section = of the Patent Law provides a similar presumption in cases of infrin,ement of a patented desi,n or utilit model. 0rticle 15 does not contain an unreasonable burden as it is consistent with due process and the adversarial sstem. Since the Philippines is si,nator to most international

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conventions on patents4 trademar*s and copri,hts4 t) # a' /! t +# nt in t) # -! l#  o% $-oc#'!-# will not &# !&t antia . 8$anada l v. 0n,ara4 /(/ SC)0 %'957(

I !#* :a Senator Santia,o be disbarred or be imposed with disciplinar sanction for her intemperate and hi,hl improper speech made on the senate floor

Pow#- to S!$#n' It Own R!l#. Section 7879 of the Constitution ,ives this Court the power to HpIromul,ate rules concernin, the protection and enforcement of constitutional ri,hts4 pleadin,4 practice and procedure in all courts. $his includes an inherent power to suspend its own rules in particular cases in order to do 2ustice. 57'

H#l '* o. 0 lawersenator who has crossed the limits of decenc and ,ood professional conduct b ,ivin, statements which were intemperate and hi,hl improper in substance ma not be disbarred or be imposed with disciplinar sanctions b the Supreme Court.

9. A'+iion to t)# P-actic# o% Law R!l# on Con'!c t o% O%%ic ial. Section & of the Local Governme nt Code which prohibits lawers who are members of a local le,islative bod to practice law is not an infrin,ement on the power of the Court to provide for rules for the practice of law. $he law must be seen not as a rule on practice of law but as a rule on the conduct of officials intended to prevent conflict of interest. 8+avellana v. D!LG4 %&&/9

allowed used the as reputation a vehicleoftotheridicule4 demean4 to andbe destro Court and its ma,is trates4 nor as armor for personal wrath and dis,ust. #owever4 courts do not interfere with the le,islature or its members in the manner the perform their functions in the le,islative floor or in committee rooms. 0n claim of an unworth purpose or of the falsit and mala fides of the statement uttered b the member of the Con,ress does not destro the privile,e. $he disciplinar authorit of the assembl and the voters4 not the courts4 can properl discoura,e or correct such abuses committed in the name of parliamentar immunit. 8Pobre v. DefensorSantia,o4 /&9

"a- Fl!n 8#-  Act.0fter the Supreme Court has declared candidates for the bar as havin, flun*ed the e6aminations4 Con,ress ma not pass a law lowerin, the passin, mar* and declarin, the same candidates as havin, passed. $his would amount to not 2ust amendin, the rules but reversin, the Court?s a!!lication of an e6istin, rule. 8 In re Cunanan 4 &5 phil 715 8%&7599 N!lli%ica tion o% "a- R#!lt. !n /14 the Court nullified the results of the e6ams on Commercial Law when it was discovered that the Bar ;uestions had been lea*ed. 8Bar matter o. %///4 /59 Pa-lia+#nta-y F-##'o+ o% S$##c) ( SC Pow#to Dici$lin# Fa ct * Senator :iriam DefensorSantia,o made this speech on the Senate floor. @ 8 8 8 I am not angry. I am irate. I am %oaming in the mouth. I am homicidal. I am suicidal. I am humiliated, deased, degraded. And I am not only that, I %eel like throwing u! to e li"ing my middle years in a country o% this nature. I am nauseated. I s!it on the %ace o% Chie% 2ustice Artemio -anganian and his cohorts in the Su!reme Court, I am no longer interested in the !osition o% Chie% 2usticeN i% I was to e surrounded y idiots. I would rather e in another en"ironment ut not in the Su!reme Court o% idiots 8 8 8. $ Pobre as*s that disbarment proceedin,s or other disciplinar actions be ta*en a,ainst the lad senator.

!t is true that parliamentar immunit must not be

8See Estrada v. Sandi,anbaan4 G) o. %7&5'=< Suspension of 0tt. 0llan Pa,uia9 7. Int#-ation o% t)# "a'ar  refers to the collectivit of all persons whose names appear in the )oll of 0ttornes. Inte!ration of the Philippine 'ar  means the official unification of the entire lawer population of the Philippines. $his re;uires membership and financial support 8in reasonable amount9 of ever attorne as conditions sine 'ua non to the practice of law and the retention of his name in the )oll of 0ttornes of the Supreme Court. (In re !nte,ration of the Bar of the Philippines9 Purpose of an inte!rated 'ar, in !eneral are< ←

0ssist in the administration of 2ustice

←

oster and maintain4 on the part of its members4 hi,h ideals of inte,rit4 learnin,4 professional competence4 public service and conduct

←

Safe,uard the professional interests of its members

←

Cultivate amon, its members a spirit of cordialit and brotherhood

←

Provide a forum for the discussion of law4 2urisprudence4 law reform4 pleadin,4 practice4 and procedure4 and the relation of the Bar to the Bench and to the public4 and public relation relatin, thereto

acinto imene', Political Law &ompendium, #"- %200) ed.(

Lim et al v CA! ?.<. 9o. 1"-", 9ovember 1), 200).

←

Encoura,e and foster le,al education

←

Promote a continuin, pro,ram of le,al research in substantive and ad2ective law4 and ma*e reports and recommendations thereon and



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.

Enable the Bar to dischar,e its public responsibilit effectivel 8 In re Integration o% the ;ar o% the -hili!!ines1

'. In -#* Atty . Ma-cial E'illon !n. this case4 0tt. Edillon ob2ects to the re;uirement of membership in the inte, rated bar as a precondition to the practice of law. $his ,ave the Court the opportunit to ventilate some basic notions underlin, bar inte,ration. ←

←

←

←

$he practice of law is a privile,e that is sub2ect to reasonable re,ulation b the State Bar inte,ration is mandated b the Constitution $he lawer is not bein, compelled to 2oin the association. Passin, the bar e6amination alread made him a member of the bar. $he onl compulsion to which he is sub2ected is the $ay+#nt o% ann!al '!#4 and this is 2ustified b the need for elevatin, the ;ualit of le,al profession $he Constitution vests in the SC plenar powers re,ardin, admission to the bar.

L#tt#- o% Atty A-#(alo, 3JJB. Pament of dues is a necessar conse;uence of membership in the !nte,rated Bar of the Philippines4 of which no one is e6empt. $his means that the compulsor nature of pament of dues subsists as lon, as one?s membership in the !BP remains re,ardless of the lac* of pract ice of4 or the tpe of practice4 the member is en,a,ed in. 57& 6. Con-# an' t)# R!l# o% Co!-t 'ernas Primer )ules issued b the Supreme Court ma be repealed4 altered4 or supplemented b Con,ress because Con,ress has plenar le,islative power. $he silence of the Constituti on on the sub2ect can onl be interpreted as meanin, that there is no intention to diminish that plenar power. !n fact4 )0 '&(5 which re;uires full pament before the sate ma e6ercise proprietar ri,hts4 contrar to )ule =( which re;uires a deposit4 was reco,ni-ed b Court in 6e!ulic ". 5ingoyon 4 009 . 8 An earlier oiter dictum in 7chegaray ". Sec. o% 2ustice, )***, said that Congress has no !ower to amend 6ules. #his was re!eated y -uno and Car!io in dissent in 6e!ulic ". 5ingoyon1BH0

Nachura 2

the E6ecutive.A Echa,ara v. Secretar of +ustice 8%&&&9 ASM* ollow Bernas? view. 0rticle TV!!!4 Section % provides< @$he provisions of the e6istin, )ules of Court4 2udiciar acts4 and procedural laws not inconsistent with this Constitution shall remain operative unless amended or repealed #% the Supreme Court or the Con!ressA H. A$$oint+#nt o% Co!-t P#-onn#l $he authorit of the Supreme Court to appoint its own official and emploees is another measure intended to safe,uard the independence of the +udiciar. #owever4 the Court?s appointin, authorit must be e6ercised @in accordance with the Civil Service Law.A5=% ote that Section 78=9 empowers the Supreme Court not onl to appoint its own officials and emploees but of the +udiciar itself. !t should also be recalled that courts ma be ,iven authorit b Con,ress @to appoint officers lower in ran*.A 8art. ( %=9 I. A'+init-ati(# S!$#-(iion o% Co!-t St-#n t)#n  In'#$#n'#n c#. Section = provides that the Supreme Court shall have administrative supervision b the Supreme Court over all lower courts and the personnel thereof. !t is a si,nificant innovation towards stren,thenin, the independence of the 2udiciar. Before %&(1 Constitution4 there was no constitutional provision on the sub2ect and administrative supervision over the lower courts and their personnel was e6ercised b the Secretar of +ustice. 5=/ $he previous setup impaired the independence of 2ud,es who tended to defer to the pressures and su,,estions of the e6ecutive department in e6chan,e for favorable action on their re;uests and administrative problems.5=1 E@c l! i( # S! $#- (i ion.0rticle V!!!4 Section = e6clusivel vests in the Supreme Court administrative supervision over all courts and court personnel4 from the Presidin, +ustice of the Court of 0ppeals down to the lowest municipal trial court cler*. B virtue of this power4 it is onl the Supreme Court that can oversee the 2ud,es? and court personnel?s compliance with all laws4 and ta*e proper administrative action a,ainst them if the commit an violation thereof. 4o other ranch o% go"ernment may intrude into this !ower, without

pleadin,4 practice and procedure is no lon,er shared b this Court with Con,ress4 more so with Letter of Att+. &ecilio I. Arevalo,


*ernas &ommentar+, p - %200# ed(. *ernas &ommentar+, p - %200# ed(. &ru', Philippine Political Law, p. 2)" %1! ed(.

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running a%oul to the doctrine o% se!aration o% !owers. 8:aceda v. Vas;ue-9 O+&!'+an an' SC Pow#- o% S!$#-(iion. $he Jmbudsman ma not initiate or investi,ate a criminal or administrative complaint before his office a,ainst a 2ud,e the Jmbudsman must first indorse the case to the Supreme Court for appropriate action. 8uentes v. Jffice of Jmbudsman4 /%9 A' +i n i  t - at i ( # P - o c# # ' in , C on % i' # n t i al . 0dministrative proceedin,s before the Supreme Court are ndent confidential in nature in order protect the respo therein who ma turn to out to be innocent of the char,es. 8Godine- v. 0lano4 %&&&9 0ccordin, to Bernas4 the power of administrative supervision of the Supreme Court4 includes the power Hsittin, en bancI to discipline 2ud,es of lower courts4 or order their dismissal.5=5


Jther actions

disciplinar

Decision of a division issufficient8Peoplev. Gacott9

. SC D#t#-+in# w)at ;oo' &#)a(io-? i. +ud,es of lower courts shall hold office durin, oo' &#)a(io-until the reach the a,e of sevent ears or become inca$acitat#'to dischar,e the duties of their office.

!t is submitted that the Supreme Court alone can determine what ,ood behavior is4 since the SC alone can order their dismissal.5=( B. SC D#t#-+in# w)#t)#- a /!'# )a &#co+# inca$acitat#' $he power to determine incapacit is part of the overall administrative power which the Supreme Court has over its members and over all the members of the 2udiciar. 5=' . Cont#+$t Pow#-

:. Dici$lina-y Pow#- S#ction 44 $he :embers of the Supreme Court and 2ud,es of lower courts shall hold office durin, ,ood behavior until the reach the a,e of sevent ears or become incapacitated to dischar,e the duties of their office. $he Supreme Court en anc shall have the power of discipline 2ud,es of lower courts4 or order their dismissal b a vote of a ma2orit of the :embers who actuall too* part in the deliberations on the issues in the case and voted thereon.

4. Pow#- to Dici$lin# $he power of the Supre me Court to discipline 2ud,es of inferior courts or to order their dismissal is e6clusive. !t ma not be vested in an other bod. or ma Con,ress pass a law that 2ud,es of lower courts are removable b impeachment.5=7 3. Dici$lina-y Action Besides removal4 such other disciplinar measures as suspension4 fine and reprimand can be meted out b the Supreme Court on errin, 2ud,es. 5== . R#!i-#+#nt %o- Dici$lina-y Action D i  c i $ l i n a - y Ac t i o n D#cii on Dismissal of 2ud,es4 Decision en anc 8b Disbarment of a a vote of a ma2orit of lawer4 members who suspension the of either for more actuall too* part in than % ear or a fine the deliberations on e6ceedin, %4 the issues in the case pesos 8-eo!le ". and voted thereon9

5acott9I *ernas &ommentar+, p - %200# ed(. *ernas &ommentar+, p  %200# ed(. &ru', Philippine Political Law, p. 2)- %1! ed(.



Jne of the essential powers of ever court under our sstem of ,overnment is that of punishin, for contempt persons who are ,uilt of disobedience to its orders or for disrespect to its authorit. $he punishment is either imprisonment or fine .5=& @While it is sparin,l to be used4 et the power of courts to punish for contempts is a necessar and inte,ral part of the independence of 2udiciar4 and is absolutel essential to the performance of the duties imposed on them b law. Without it the are 5(2ud,ments and mere boards ofonl arbitration4 whose decrees would be advisor.A

L. Ann!al R#$o-t S#ction 49. $he Supreme Court shall4 within thirt das from the openin, of each re,ular session of the Con,ress4 submit to the President and the Con,ress an annual report on the operations and activities of the +udiciar

$he purpose of this provision is not to sub2ect the Court to the President and to the Con,ress but simpl to enable the 2udiciar to inform ,overnment about its needs. 8! )ECJ)D 7%7%/95(% $he annual report re;uired under be the basis of appropriate ,overnment policies intended administration of 2ustice and independence of 2udiciar.5(/

this provision can le,islation and to improve the stren,then the

*ernas &ommentar+, p -%200# ed(. *ernas &ommentar+, p %200# ed(. Sinco, Philippine Political Law, p #-2 %1!"ed(. ?ompers v. *uc5Hs Stove and S "1. *ernas &ommentar+, p 1000 %200# ed(.

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VI. :!'icial R#(i#w Definition of (udicial Review Constitutional Supremac% *unctions of (udicial Review Who )a% E"ercise Re1uisites of (udicial Review Political @uestions Effect of Declaration of >nconstitutionalit% Partial >nconstitutionalit% (udicial Review #% -ower Courts )odalities of Constitutional Interpretation

A. D#%inition +udicial review is the power of the courts to test the validit of ,overnmental acts in li,ht of their conformit to a hi,her norm 8e.,. the constitution.9 Fasm


e6pressl reco,ni-es 2udicial review in Section 78/9 8a9 and 8b9 of 0rticle V!!! of the Constitution. ". P-inci$l# o% Contit!tional S!$-#+acy +udicial review is not an assertion of superiorit b the courts over the other departments4 but merel an e6pression of the supremac of the Constitution.5(( Constitutional supremac produced 2udicial review4 which in turn led to the accepted role of the Court as @the ultimate interpreter of the Constitution.A5(' F!nction o% :!'icial R#(i#w Chec&in! invalidatin, a law or e6ecutive act that is found to be contrar to the Constitution.

←

←

$he power of 2udicial review is the Supreme Court?s power to declare a law4 treat4 international or e6ecutive a,reement4 presidential decree4 proclamation4 order4 instruction4 ordinance4 or re,ulation unconstitutional. $his power is e6plicitl ,ranted b Section 78/94 8a9 and 8b9. 5(1 +udicial )eview is an aspect of +udicial Power.5(5 T)#o-y o% :!'icial R#(i#w. $he Constitution is the supreme law. !t was ordained b the people4 the ultimate source of all political authorit. !t confers limited powers on the national ,overnment. 6 6 6 !f the ,overnment consciousl or unconsciousl oversteps these limitations there must be some authorit competent to hold it in control4 to thwart its unconstitutional attempt4 and thus to vindicate and preserve inviolate the will of the peopl e as e6pressed in the Constitution. $his power the courts e6ercise. $his is the be,innin, and the end of the theor of 2udicial review.5(7 :! ' ic ia l R # ( i# w in P ) i li $$i n # C on  t i t ! t i on . 3nli*e the 3S Constitution 5(= which does not provide for the e6ercise of 2udicial review b their Supreme Court4 the Philippine Constitution &ru', Philippine Political Law, p. 2-- %1! ed(. *ernas Primer at #"1 %200) ed.( *ernas &ommentar+, p #-%200# ed(.

Doward L. 3ac*ain, Some Aspects of udicial nited States %*oston@ *oston >niversit+ Deffernan Press, 1#(, pp. #-)6-- cited in avid v. Arro+o.

$he case of Marbury v. Madison established the doctrine of 4udicial review as a core legal principle in American constitu tional s+stem@ So if a law be in opposition to the constitution of both the law and the constitution appl+ to a particular case, so that the court must either decideorthat case conformabl+ to the law, disregard ing the constitution conformabl+ to the constitution, disregarding the law the court must determine which of t hese conflicting rules governs the case. $his is the ver+ essence of 4udicial dut+.B



-e!itimatin!: upholdin, the validit of the

law. R!l# on t)# Do!&l# N#ati(# 3ses the term @not unconstitutionalA the court cannot declare a law constitutional because it alread en2os a presumption of constitutionalit

S%m#olic5(& to educate the bench and the bar as the controllin, principles and concepts on matters of ,reat public importance.

←

!n a Separate Jpinion in rancisco v. #)4 :r. +ustice 0dolf 0-cuna remar*ed< @$he function of the Court is a necessar element not onl of the sstem of chec*s and balances4 but also of aanwor&a#le and livin! Constitution. or absent a,enc4 or or,an that can rule4 with finalit4 as to what the terms of the Constitution mean4 there will be uncertaint% if not chaos in ,overnance... $his is whatK #art calls the need for a )ule of )eco,nition in an le,al sstemKA

W)o May E@#-ci# ←

Supreme Court

←

!nferior Courts

R#!iit# o% :!'icial In!i-y2:!'icial R#(i#w 8%&&5 Bar Question9 7ssential 6e'uisites (APEN1 $here must be an act!al ca#or controvers $he ;uestion involved must be - i $ # for ad2udication. $he ;uestion of constitutionalit must be raised b the $-o$#- $a-ty  Angara v. 8lectoral &ommission, )# Phil 1#. See &ooper v. Aaron, #! >S 1 %1!)(

$he Court also has the dut to formulate ,uidin, and

controllin, constitutional principles4 precepts4 doctrines4 or rules. !t has the smbolic function of educatin, bench and bar on the e6tent of protection ,iven b constitutional ,uarantees.A 8Salon,a v. Pano4 %15 SC)0 51'4 %&'79

%%'



Au8iliary 6ules $he constitutional ;uestion must be raised at the #a-li#t $oi&l# o$$o-t!nity  $he decision of the constitutional ;uestion must be n#c#a-yto the determination of the case itself. (6ead the case o% /rancisco ". 6 and
$he re;uirement of actual controvers encompasses concepts such as ripeness4 standin,4 and the prohibition a,ainst advisor 2udicial rulin,s 8BP Chemicals v. 3CC4 5 .1d &(79 Ri$#n # Doct-i n#.$he re;uirement that a case be ripe for 2ud,ment before a court will decide the controvers. Ri$#n# refers to readiness for ad2udication4

4. Act!al Ca# 0ctual Case or controvers involves a con%lict o% l#al -i)t 4 an assertion of opposite le,al

Rational#. $o prevent the courts4 throu,h premature ad2udication4 from entan,lin,

claims susceptible of 2udicial determination. 5'

themselves in abstract disa,reements.

$he case must not be< :oot or academic or

W) #n No t Ri $# . 0 claim is not ripe for ad2udication if it rests upon contin,ent future events that ma not occur as anticipated4 or indeed ma not occur at all. 5'5

Based on e6trale,al or other similar consideration not co,ni-able b courts of 2ustice. 5'% 0 re;uest for advisor opinion.5'/ #pothetical or fei,ned constitutional problems riendl suits collusivel arran,ed between parties without real adverse 5'1 interests

Ripeness and Standin!$ 0 simple description of the re;uirements of standin, and ripeness is found in the words of +ustice Stone in 4ash"ille ". allace. !n that opinion he referred to< @valuable le,al ri,htsK threatened with imminent invasion.A $he valuable le,al ri,hts constitute the standin, and the t) -# at o% imminent in(aion contit!t# t)# -i$#n# .5'7

Moot Ca#.0 moot case is one that ceases to present a 2usticiable controvers b virtue of supervenin, events4 so that a declaration thereon would be of no practical use or value. Generall4 courts decline 2urisdiction over such case or dismiss it on ,round of mootness.

3. Stan'in2P-o$#- Pa-ty 8%&&/4 %&&7 Bar Question9 P-o$#- Pa-ty0 proper part is one who has sustained or is in immediate dan,er of

#owever4 Courts will decide cases4 otherwise moot and academic4 if< $here is a ,rave violation of the Constitution $he e6ceptional character of the situation and the paramount public interest is involved When the constitutional issue raised re;uires formulation of controllin, principles to ,uide the bench4 the bar4 and the public and

sustainin, an 5'=in2ur in result of the act complained of. L o c !  S t a n ' i refers to the ri!ht of appearance in a court of 2ustice on a ,iven ;uestion. 8Blac*9 G#n#-al R!l#* Direct Interest +est $he persons who impu,n the validit of a statute must have a A!ersonal and sustantial interest in the case such that he has susta ined or will sustain, direct in@ury as a result. E@c#$tion*

".

$he case is capable of repetition et evadin, review. 8Province of Batan,as vs. )omulo4 5/& SC)0 (1= David v. 0rroo 8/=9 Qui-on v. Comelec4 G.). o. %((&/(4 ebruar %74 /' Province of orth Cotabato v G)P9 "0

&ru', Philippine Political Law, p. 2"1 %1! ed(.

"1 &ru', Philippine Political Law, p. 2"1 %1! ed(

See &awaling v.

&:38L8&, #) S&
"#

Cases of transcendental importance or of paramount public interest or involvin, an issue of overarchin, si,nificance. Cases of Proclamation of martial law and suspension of the privile,e of the writ of habeas corpus where an% citi0en ma challen,e the

*ernas &ommentar+, p #%200# ed(.



"" Teas v. =nited States, !2# >.S. 2), #00 %1(. "1!

erre S. =illiams, &onstitutional Anal+sis 1), %1-(.

"1)

8 Parte Levitt, #0# >S )## People v. Vera )! Phil !, 

%1#-(.

%%&


proclamation of suspension. 8art.( %'9 $he ri,ht to information on matters of public concern and the ri,ht to access to public documents has been reco,ni-ed as accruin, to mere citi-enship. 8Le,aspi v. CSC4 %7 SC)0 71 8%&'(9 acial Challen,e 89 @@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@ RE1UISITES o% tan'in* 0 citi-en can raise a constitutional ;uestion onl when< In / ! - y* #e can show that he has personall suffered some actual or threatened in2ur because of the alle,edl ille,al conduct of the ,overnment Ca!ation*$he in2ur is fairl traceable to the challen,ed action and R#' -# a& ility* 0 favorable action will li*el redress the in2ur. 8rancisco v. ernando G) %==7%4 /=9 !n a $!&lic !it,where the plaintiff asserts a public ri,ht in assailin, an alle,edl ille,al official action4 our Court adopted the @direct in2ur testA in our 2urisdiction. 8David v. 0rroo9 Di-#ct In/! -y T#t*$he persons who impu,n the validit of a statute must have a A $#-onal an' !&tan tial int#-# t in t)# ca# !c) t)at )# )a !tain#' o- will !tain, 'i-#ct in /!- y a a -# !l. t 8David v. 0rroo9 8 See People v. Vera4 =7 Phil 7'4 '& 8%&1(99. B wa of summar4 the followin, rules ma be culled from the cases decided b the Supreme Court. $a6paers4 voters4 concerned citi-ens4 and le,islators ma be accorded standin, to sue4 provided that the followin, re;uirements are met< the cases involve constitutional issues for ta@$ay#-4 there must be a claim of ille,al disbursement of public funds or that the ta6 measure is unconstitutional for (ot#-4 there must be a showin, of obvious interest in the validit of the election law in ;uestion for conc# -n#' citi#n 4 there must be a showin, that the issues raised are of transcendental importance which must be settled earl for l#ilato- 4 there must be a claim that the official action complained of infrin,es


upon their prero,atives as le,islators HDa (i ' (. A-- oyoG.). o. %(%1&= 8/=9I Ill!t -at i(# Ca # )o win  #@i t# nc# o% tan'in* F a ct * Petitioners filed a case as ta@$ay#- ;uestionin, the validit of the contract between DJ$C and respondent b virtue of which respondent a,reed to build and lease to the DJ$C a li,ht railwa transit sstem. )espondent claimed that petitioners had no standin, to file the action. H # l' * $a6paers ma file action ;uestionin, contracts entered into b ,overnment on the ,round that the contract is in contravention of the law. 8$atad v. Garcia4 /51 SC)0 51=95'( Fact* Petitioners who were ilipino citi#n and ta6paers4 ;uestioned the constitutionalit of the !P)0 on the ,round that it deprived the State of ownership over lands of the public domain and the natural resources in them in violation of Section /4 0rticle T!! of the Constitution. H# l'* 0s4 citi-ens4 petitioners possess the public ri,ht to ensure that the national patrimon is not alienated and diminished in violation of the Constitution. Since the ,overnment holds it for the benefit of the ilipinos4 a citi-en had sufficient interest to maintain a suit to ensure that an ,rant of concession coverin, the national patrimon strictl complies with the constitutional re;uirements. !n addition4 the !P)0 appropriate funds. $hus4 it is a valid sub2ect of a ta6paer?s suit. 8Cru- v. Secretar of Environment and atural )esources4 15( SC)0 5'' %/'9 F a ct * Petitioner4

a

#nato-4

;uestioned

the

constitutionalit of 0dministrative Jrder o. 1' which provided for the establishment of a national computeri-ed identification reference sstem. Petitioner contends that the 0J usurps le,islative power. $he ,overnment ;uestioned his standin, to file the case. H#l'* 0s a senator4 petitioner is possessed of the re;uisite standin, to brin, suit raisin the issue that the issuance of 0J 1' is a usurpation of le,islative power. 8Jple v. $orres4 /&1 SC)0 %5% 95'& Fact* Petitioners4 who are minors4 filed a case to compel the Secretar of Environment and atural )esources to cancel the timber license a,reements and to desist from issuin, new ones on the ,round that deforestation has resulted in dama,e to the environment. $he Secretar of ar,ued that petitioners has no cause of action. H# l'* SC said that Petitioners have a ri,ht to a sound environment4 this is incorporated in Section %= of 0rticle !!. SC also said that Petitioners have personalit to sue based on the concept of inter,enerational responsibilit insofar as the ri,ht to a balanced and healthful ecolo, is concerned. $e %ind no di%%iculty acinto imene', Political Law &ompendium, ### %200) ed.( acinto imene', Political Law &ompendium, ##" %200) ed.( acinto imene', Political Law &ompendium, ##) %200) ed.(



%/



in ruling that they can, %or themsel"es, %or others o% their generation and %or the succeeding generation. #heir !ersonality to sue in ehal% o% the succeeding generations can only e ased on the conce!t o% intergenerational res!onsiility inso%ar as the right to a alanced ecology is concerned.& 8Jposa v. actoran4 %&&19

Ill! t -a ti (# tan'in*

Ca # 

) ow in 

a& # nc #

have failed to show direct in2ur 4 the have been allowed to sue under the princ iple of t-an c#n'# ntal i+$o-tanc .# HDa (i ' (. A--oyo G.). o. %(%1&= 8/=9I

o%

Fact* 3pon authori-ation of the President4 the PCGG ordered the sale at public auction of paintin,s b old masters and silverware alle,ed to be ill,otten wealth of former President :arcos4 his relatives4 and friends. Petitioners4 who were ilipino citi-ens4 ta6paers4 and artist4 filed a petition to restrain the auction. H#l'* Petitioners have no standin, to restrain the public auction. $he paintin,s were donated b private persons to the ::0 who owns them. $he pieces of silverware were ,iven to the :arcos couple as ,ifts on their silver weddin, anniversar. Since the petit ioners are not the owners of the paintin,s and the silverware4 the do not possess an ri,ht to ;uestion their dispositions. 8+oa v. PCGG4 //7 SC)0 7'=95& Fact* Petitioner filed a petition in his capacit as a ta@$ay#- ;uestionin, the constitutionalit of the creation of ( positions for presidential advisers on the ,round that the President did not have the power to create these positions. H# l'* Petitioner has not proven that he has sustained an in2ur as a result of the appointment of the presidential advisers. 8Gon-ales v. arvasa4 11( SC)0 51(95&% Fact* !n view of the increase in violent crimes in :etropolitan :anila4 the President ordered the PP and the Philippine :arines to conduct 2oint visibilit patrols for the purpose of crime prevention and suppression. !nvo*in, its responsibilit to uphold the rule of law4 the !nte,rated Bar of the Philippines ;uestioned the validit of the order. H# l'* the mere invocation of the !BP of the Philippines of its dut to preserve the rule of law is not sufficient to clothe it with standin, in this case. $his is too ,eneral an interest which is shared b the whole citi-enr. $he !BP has not shown an specific in2ur it has suffered or ma suffer b virtue of the ;uestioned order. $he !BP pro2ects as in2urious the militari-ation of law enforcement which mi,ht threaten democratic institutions. $he presumed in2ur is hi,hl speculative. 8!BP v. amora4 11' SC)0 '%95&/

@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@ T-anc# n'#n tal I+$o-tanc #Bein, a mere procedural technicalit4 the re;uirement of locus standi ma be waived b the Court in the e6ercise aofrule its that discretion. $hus4the thepetitioners Court has adopted even where acinto imene', Political Law &ompendium, ##- %200) ed.(

W)#n an I! # Con i'#- #' o% T-anc#n'#ntal I+$o-tanc#* 0n issue is of transcendental importance because of the followin,< the character of the funds or other assets involved in the case the pres ence of a clear disre,ard of a constitutional or statutor prohibition b an instrumentalit of thepart ,overnment the lac* of an other with a and more direct and specific interest in raisin, the ;uestion. 8rancisco vs. #ouse of )epresentatives4 5%7 SC)0 55 Senate v. Ermita G.). o. %=&((( 8/=99 5 Facial C)all#n# . $he established rule is that a part can ;uestion the validit of a statute onl if4 as applied to him4 it is unconstitutional. $he e6ception is the socalled @facial challen,e.A But the onl time a facial challen,e to a statute is allowed is when it operates in the area of freedom of e6pression. !n such instance4 the @overbreadth doctrineA permits a part to challen,e to a statute even thou,h4 as applied to him4 it is not unconstitutional4 but it mi,ht be if applied to others not before the Court whose activities are constitutionall protected. !nvalidation of the statute @on its faceA4 rather than @as appliedA4 is permitted in the interest of preventin, a @chillin, effectA on freedom of e6pression 8+ustice :endo-a?s concurrin, opinion in Cru- v. DE)4 G.). o. %171&74 December =4 /9 0 facial challen,e to a le,islative act is the most difficult challen,e to mount successfull since the challen,e must establish that no set of circumstances e6ists under which the act would be valid. 8Estrada v. Sandi,anbaan4 G.). o. %5'7=4 ovember %&4 /%95&5

@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@ 'ernas !n sum4 it ma be said that the concept of locus standi as it e6ists in Philippine 2urisprudence now has departed from the ri,orous 0merican concept.5&7 . Ea-li#t O$$o-t!nity Cacial &hallenge is a manner of challenging a statute in court, in which the plaintiff alleges that the statute is alwa+s, and under all circumstances, unconstitutional, and therefore void. Antonio *. 9achura, :utline;
acinto imene', Political Law &ompendium, ## %200) ed.( acinto imene', Political Law &ompendium, ## %200) ed.(



%/%


G#n#-al R!l# < Constitutional ;uestion must be raised at the earliest possible opportunit4 such that if it is not raised in the pleadin,s4 it cannot be considered at the trial4 and4 if not considered in trial4 cannot be considered on appeal. E@c#$tion* ←

←

←

!n criminal cases4 the constitutional ;uestion can be raised at an time in the discretion of the court. !n civil cases4 the constitutional ;uestion can be raised at an sta,e if it is necessar to the determination of the case itself. !n ever case4 e6cept where there is estoppel4 the constitutional ;uestion ma be raised at an sta,e if it involves 2urisdiction of the court.5&=

N#c#ity2 Li Mota R! l# * $he Court will not touch the issue of unconstitutionalit unless it reall is !na(oi'a&l# o- i t)# (#-y lis mota.B* R#aon* $he reason wh courts will as much as possible avoid the decision of a constitutional ;uestion can be traced to the doctrine of separation of powers which en2oins upon each department a proper respect for the acts of the other departments. $he theor is that4 as the 2oint act of the le,is lative and e6ecutive authorities4 a law is supposed to have been carefull studied and determined to be constitutional before it was finall enacted. #ence4 as lon, as there is some other basis that can be used b the courts for its decision4 the constitutionalit of the challen,ed law will not be touched and the case will be decided on other available ,rounds.5&' Mot! P-o$io E@#-ci# o% :!'icial R#(i#w. While courts will not ordinaril pass upon constitutional ;uestions which are not raised in the pleadin,s4 a court is not precluded from in;uirin, into its own 2urisdiction or be compelled to enter a 2ud,ment that it lac*s 2urisdiction to enter. Since a court ma determine whether or not it has 2urisdiction4 it necessaril follows that it can in;uire into the constitutionalit of a statute on which its 2urisdiction depends. 8abian v. Desierto4 /&7 SC)0 5(95&& &ru', Philippine Political Law, p. 2"- %1! ed(. *ernas &ommentar+, p !2%200# ed(. &ru', Philippine Political Law, p. 2"- %1! ed(.


6ead -ro"ince o% 4orth Cotaato ". 56- %or mootness and ri!eness. F. Political 1!#tion 8%&&7 Bar Question9 2usticiale ". -olitical Juestion
2usticiale ". -olitical Sus!ension o% rit and -roclamation o% M Calling ur -ower o% the -resident Im!eachment o% a Su!reme Court 2ustice 4. :!ticia&l# (. Political 1!#tion $he distinction between 2usticiable and political ;uestions can perhaps best be illustrated b the suspension or e6pulsion of a member of Con,ress4 which must be based upon the ,round of @disorderl behaviorA and concurred in b at least /"1 of all his collea,ues. $he determination of what constitutes disorderl behavior is a political ;uestion and therefore not co,ni-able b the court but the disciplinar measure ma nonetheless be disauthori-ed if it was supported b less than the re;uired vote. $he latter issue4 dealin, as it does with a procedural rule the interpretation of which calls onl for mathematical computation4 is a 2usticiable ;uestion.7 3. Political 1!#tion, D#%inition Political ;uestions are those ;uestions which under the Constitution are< $o be decided b the people in their soverei,n capacit4 or full discretionar authorit has !n re,ard to which been dele,ated to the le,islative or e6ecutive branch of the ,overnment. 7% 8$anada v. Cuenco4 %&=79 Political ;uestions connotes @1uestions of polic%$A !t is concerned with issues dependent upon the wisdom4 not le,alit4 of a particular measure. 8$anada v. Cuenco9 . G! i' #l in # %o - '# t# -+in in  !#tion i $olitical. +e"tual 9ind

w) #t )# -

&ru', Philippine Political Law, p. -%1! ed(.

&ru'@ =here the matter falls under the discretion of another department or especiall+ the people themselves, the decision reached is in the categor+ of a political Fuestion and conseFuentl+ ma+ not be the sub4ect of 4udicial review. Accordingl+, considerations affecting the wisdom, efficac+ or practicabilit+ of a law should come under the eclusive 4 urisdiction of &ongress. So too, is the interpretation of certain provisions of the &onstitution, such as the phrase other high crimesB as ground for impeachment.

acinto imene', Political Law &ompendium, ##0 %200) ed.(



%//

a



A t#@t!ally '#+ont-a&l# contit!tional co++it+#nt o% t)# i!# to a $olitical '#$a-t+#ntK *unctional 9ind La c8 o% /! 'i ci al ly 'i c o( #- a& l# an ' +ana#a&l# tan'a-' %o- -#ol(in itK I+$oi&ility o% '#ci'in a ca# wit)o!t an initial '#t#- +ination o% a 8in' cl#a-ly %o- non/!'icial 'ic-#tionK BJ3 "a8#- (. Ca--, 95 US 469 4593 -rudential #y!e !mpossibilit of a court?s underta*in, independent resolution without e6pressin, lac* of the respect due coordinate branches of the ,overnment 0n unusual need for un;uestionin, adherence to a political decision alread made Potentialit of embarrassment from multifarious pronouncements b various departments. 8Ba*er v. Carr4 1=& 3S %'= 8%&=/9 (;ernas sumits that the 5ra"e Ause Clause has eliminated the !rudential ty!e o% !olitical 'uestions %rom -hili!!ine @uris!rudence.903 ence, the 'uestion is not !olitical e"en there is an $unusual need %or 'uestioning adherence to a !olitical decis ion already made? or the !otentiality o% emarrassment %rom multi%arious !ronouncements y "arious 90B de!artments on one 'uestion.& 1 BJB

E@a+$l# o% T#@t!al in'* 1. Ale5andrino v$ @ue0on
#. Arro%o v$ De Venecia, ;77 $he issue in this case was whether the Court could intervene in a case where the #ouse of )epresentatives was said to have disre,arded its own rule. $he Court said it could not *ernas &ommentar+, p !%200# ed( *ernas Primer at #" %200) ed.( See *ernas &ommentar+, p ! %200# ed( *ernas Primer at #" %200) ed.( *ernas &ommentar+, p !"%200# ed(.



because the matter of formulatin, rules have been te6tuall conferred b the Constitution on Con,ress itself. #ence4 provided that no violation of a constitutional provisions or in2ur to private ri,hts was involved4 the Court was without authorit to intervene. ". Santia!o v$ 4uin!ona, ;77= Disspute involved is the selection of a Senate :inorit leader whose position is not created b the Constitution but b Con,ressional rules. BJ9 E@a+$l# o% F!nctional in' *

1.

+o#ias v$ A#alos, ;778 )ariano v$

CO)E-EC, ;77G6 0pportionment of representative districts is not a political ;uestion because there acre constitutional rules ,overnin, apportionment. Da0a v$ Sin!son, ;7=7 Coseten! v$ )itra, ;77B 4uin!ona v$ 4on0ales, ;77< $he Court intervened in the manner of formin, the Commission on 0ppointments. 'ondoc v$ Pineda $he Court invalidated the e6pulsion of a member of the #ouse Electoral $ribunal. 80ll these were done b the Court because it found applicable le,al standards.9 . G-a(# A&!# Cla!# an' Political 1!#tion 0,ain4 the >broadened concept? of 2udicial power is not meant to do awa with the political ;uestions doctrine itself. $he concept must sometimes ield to separation of powers4 to the doctrine on @political ;uestionsA or to the @enrolled billA rule. 7( 8%&&7 Bar Question9 B . S!  $ # n  i o n o % t ) # W -i t o % H C a n ' P-ocla+ation o% Ma-tial Law $he action of the President and the Con,ress shall be sub2ect to review b the Supreme Court which shall have the authorit to determine the sufficienc of the factual basis of such action. $his matter is no lon,er considered a political ;uestion. 7' 9. P-#i'#nt action in callin o!t t)# a-+#' %o-c# !t ma be ,athered from the broad ,rant of power that the actual use to which the President puts the armed forces4 is unli*e the suspension of the privile,e of writ of habeas corpus4 not sub2ect to 2udicial review.7& "! t, while the Court considered the President?s @callin,outA power as a discretionar power solel vested in his wisdom and that it cannot be called upon to overrule the President?s wisdom or *ernas &ommentar+, p !-%200# ed(. See *ernas &ommentar+, p 1620 %200# ed(. &ru', Philippine Political Law, p. 21" %1! ed(. *ernas &ommentar+, p )) %200# ed(

%/1


substitute its own4 it stressed that @this does not prevent an e6amination of w)#t)#- !c) $ow#wa #@#-ci#' wit)in $#-+ii&l# contit!tional li+it o- w)#t)#- it wa #@#-ci#' in a +ann#contit!tin -a(# a&!# o% 'ic-#tion . 8!BP v. amora9 +udicial in;uir can go no %urther than to satisf the Court not that the President?s decision is correct, but that @the President did not act aritrarily.A $hus4 t)#  t a n ' a- ' i not co--# ctn# , &!t a-&it -a-in# . !t is incumbent upon the petitioner to show that the President?s decision is totall bereft of factual basisA and that if he fails4 b wa of proof4 to support his assertion4 then @this Court cannot underta*e an independent investi,ation beond the pleadin,s. 8 I'P v$ Jamora cited in David v$ Arro%o9 9. I+$#ac)+#nt Ca# aaint a S!$-#+# Co!-t :!tic#. Fa ct* Jn +une /4 /14 former Presi dent +oseph Estrada filed an impeachment cases a,ainst the Chief +ustice and seven 0ssociate +ustices of the Supreme Court . $he complaint was endorsed b three con,ressmen and referred to the Committee on +ustice of the #ouse of )epresentatives. Jn Jctober //4 /14 the Committee on +ustice voted to dismiss the complaint for bein, insufficient in substance. $he Committee on +ustice had not et submitted its report to the #ouse of )epresentatives. Jn Jctober /14 /14 two con,ressmen filed a complaint a complaint for impeachment a,ainst the Chief +ustice in connection with the disbursement a,ainst the Chief +ustice in connection with the disbursement of the +udiciar Development und. $he complaint was accompanied b a resolution of endorsement"impeachment was accompanied b a resolution of endorsement"impeachment si,ned b at least onethird of the con,ressmen. Several petitions were filed to prevent further proceedin,s tin the impeachment case on the ,round that the Constitution prohibits the initiation of an impeachment proceedin, a,ainst the same official more than once the same period of one ear. Petitioners plead for the SC to e"ercise the power of 5udicial review to determine the validit% of the second impeachment complaint. +he .ouse of Representatives contend that impeachment is a political action and is #e%ond the reach of 5udicial review$ )espondents Spea*er De Venecia4 et. al. and intervenor Senator Pimentel raise the novel ar,ument that the Constitution has e6cluded impeachment proceedin,s from the covera,e of 2udicial review. Briefl state d4 it is the position of respondents Spea*er De Venecia et. al. that impeachment is a political action which cannot assume a 2udicial character. #ence4 an ;uestion4 issue or incident arisin, at an sta,e of the impeachment proceedin, is beond the reach of 2udicial review. or his part4 intervenor Senator Pimentel contends that the SenateYs sole power to tr impeachment cases 8%9 entirel e6cludes the application of 2udicial review over it and 8/9 necessaril includes the SenateYs power to determine constitutional ;uestions relative to impeachment proceedin,s. $he contend that the e6ercise of 2udicial review over impeachment proceedin,s is inappropriate since it runs counter to the framersY decision to allocate to different fora the powers



Atty. ARIS S. MANGUERA to tr impeachments and to tr crimes it disturbs the sstem of chec*s and balances4 under which impeachment is the onl le,islative chec* on the 2udiciar and it would create a lac* of finalit and difficult in fashionin, relief H#l'* $hat ,ranted to the Philippine Supreme Court and lower courts4 as e8!ressly !ro"ided %or in the Constitution 4 is not 2ust a power but also a '!ty4 and it w as i(#n an #@$an'#' '#%init ionto include the powe r to correct an ,rave abuse of discretion on the part of an ,overnment branch or instrumentalit. that ,ranted to the Philippine Supreme Court and lower courts4 as e8!ressly !ro"ided %or in the Constitution 4 is not 2ust a power but also a '!ty4 and it was i(#n an #@$an'#' '#%inition to include the power to correct an ,rav e abuse of discretion on the part of an ,overnment branch or instrumentalit.

$he Constitution provides for several limitations to the e6ercise of the power of the #ouse of )epresentatives over impeachment proceedin,s. $hese limitations include the oneear bar on the impeachment of the same official. !t is well within the power of the Supreme Court to in;uire whether Con,ress committed a violation of the Constitution in the e6ercise of its functions. 8rancisco v. #ouse of )epresentatives4 5%7 SC)0 559 66 )espondents are also of the view that 2udicial review of impeachments undermine s their finalit and ma also lead to conflicts between Con,ress and the 2udiciar. $hus4 the call upon this Court to e6ercise 2udicial statesmanship on the principle that whenever possible4 the Court should defer to the 2ud,ment of the people e6pressed le,islativel4 reco,ni-in, full well the perils of 2udicial willfulness and pride H#l'* @Did not the people also e6press their will when the instituted the safe,uards in the Constitution $his shows that the Constitution did not intend to leave the matter of impeachment to the sole discretion of Con,ress. !nstead4 it provided for certain welldefined limits4 or in the lan,ua,e of 7(

;aker ". Carr 4 2udiciall discove rable standards  for determinin, the validit of the e6ercise of such discretion4 throu,h the power of 2udicial review.A

G. E%%#ct o% D#cla-ation o% Uncontit!tionality Orthodo" View< 0n unconstitutional act is not a law it confers no ri,hts it imposes no duties it affords no protection it creates no office it is inoperative4 as if it had not been passed at all.7% @When courts declare a law to inconsistent with the Constitution4 the former shall be void and the latter shall ,overn.A 80rticle ( of the ew Civil Code9 )odern View Certain le,al effects of the statute prior to its declaration of unconstitutionalit ma be reco,ni-ed. @$he actual e6istence of a statute prior to such a determination of constitutionalit is an o$#-ati(# %actand ma have conse;uences which cannot alwas be erased b a new 2udicial declaration.A7%% H. Pa-tial Uncontit!tionality See 9orton v. Shelb+ &ount+, 11 >S "2!. &hicot &ount+ rainage ist. V. *ater States *an5 #0 >S #-1.

%/5



0lso in deference to the doctrine of separation of powers4 courts hesitate to declare a law totall unconstitutional and as lon, as it is possible4 will salva,e the valid portions thereof in order to ,ive effect to the le,islative will.7%/

Ethical: See*s to interpret the ilipino moral commitments that are embedded in the constitutional document. Prudential Wei,hin, and comparin, the costs and benefits that mi,ht be found in conflictin, rules.7%7

R#!iit# o% Pa-tial Uncontit!tionality* ←

←

$he Le,islature must be willin, to retain the valid portion8s9.7%1 $he valid portion can stand independentl as law.

:!'icial R#(i#w &y Low#- Co!-t L#al "a# o% low#- co!-t $ow#- o% /!'icial -#(i#w* Article VIII, Section ;$ Since the power of 2udicial review flows from 2udicial power and since inferior courts are possessed of 2udicial power4 it ma be fairl inferred that the power of 2udicial review is not an e6clusive power of the Supreme Court. Article VII, Section G2<3$ $his same conclusion ma be inferred from 0rticle V!!!4 Section 78/94 which confers on the Supreme Court appellate 2urisdiction over 2ud,ments and decrees of lower courts in certain cases. Statutes

VII. D#ci'in a Ca# Process of Decision )a&in! Cases Decided En 'anc Cases Decided in Division A. P-oc# o% D#ciion Ma8in In Consulta Certi%ication o% Consultation 78!lanation on Astention etc. Statement o% /acts and the aw
4eneral Principles of -aw 8San :i,uel Corp. v. SJL9 Not#< While a declaration of unconstitutionalit made b the Supreme Court constitutes a precedent bindin, on all4 a similar decision of 7%5 an inferior court binds onl the parties in the case.

S#ction 4. o decision shall be rendered b an court without e6pressin, therein clearl and distinctl the facts and the law on which it is based. o petition for review or motion for reconsideration of a decision of the court shall be refused due course or denied without statin, the le,al basis therefor.

Mo'aliti# o% Contit!tional Int#-$-#tation ←

←

←

←

.istorical 0nal-in, the intention of the framers and the Constitution and the circumstances of its ratification. +e"tual: )eadin, the lan,ua,e of the Constitution as the man on the street would.

S#ction 4B. 8%9 0ll cases or matters filed after the effectivit of this Constitution must be decided or resolved within twentfour months from date of submission for the Supreme Court4 and4 unless reduced b the Supreme Court4 twelve months for all lower colle,iate courts4 and three months for all other lower courts. 0 case or matter shall be deemed submitted for decision or resolution upon the filin, of the last pleadin,4 brief4 or memorandum re;uired b the )ules of Court or b the court itself. 3pon the e6piration of the correspondin, period4 a certification to this effect si,ned b the Chief +ustice or the presidin, 2ud,e shall forthwith be issued and a cop thereof attached to the record of the case or matter4 and served upon the parties. $he certification shall state wh

Structural: Drawin, inferences from the architecture of the threecornered power relationships. Doctrinal )el on established precedents

&ru', Philippine Political Law, p. 2!1 %1! ed( See Senate v. 8rmita.

>suall+ shown b+ the presence of separabilit+ clause. *ut even without such separabilit+ clause, it has been held that if the valid portion is so far i ndependent of the invalid portion, it ma+ be fair to

a decision or resolution has not been rendered or issued within said period.

presume that that the legislature would have enacted had supposed the+ could constitutionall+ do so.it b+ itself if the+ *ernas &ommentar+, p )" %200# ed(.

!1!



*ernas &ommentar+, p )" %200# ed(.

%/7



859 Despite the e6piration of the applicable mandator period4 the court4 without pre2udice to such responsibilit as ma have been incurred in conse;uence thereof4 shall decide or resolve the case or matter submitted thereto for

0bstained from a decision or resolution must state the reason therefore 8Section %19

determination4 without further dela .

$he reason for the re;uired e6planation is to

B49

4. ;In Con!lta?

encoura,e participation. 7%&

$he conclusions of the Supreme Court in an case submitted to it for decision en anc or in division shall be reached in consultation before the case is assi,ned to a :ember for the writin, of the opinion of the Court. 8Section %19

. Stat#+#nt o% Fact an' t)# Law 6ule -ur!ose o% 6e'uirement here A!!licale here 4ot A!!licale

3. C#-ti%ication o% Con!ltation an' Ain+#nt 0 certification as re,ards consultation and assi,nment si,ned b the Chief +ustice shall be issued and a cop thereof attached to the record of the case and served upon the parties. 8Section %19

Illustration o% o% Insu%%icient Su%%icient Com!liance Illustration Com!liance

P!-$o#.$he purpose of certification is to ensure the implementation of the constitutional re;uirement that decisions of the Supreme Court are reached after consultation with members of the court sittin, en banc or in division before the case is assi,ned to a member thereof for decision writin,. 8Consin, v. C04 %&'&9 $he certification b the Chief +ustice that he has assi,ned the case to a +ustice for writ in, the opinion will not e6pose such +ustice to pressure since the certification will not identif the +ustice. 7%( E%%#ct o% A&#nc# o% C#-ti%ication. $he absence of the certification would not necessaril mean that the case submitted for decis ion had not been reached in consultation before bein, assi,ned to one member for writin, of the opinion of the Court since the re,ular performance of dut is presumed. $he lac* of certification at the end of the decision would onl serve as evidence of failure to observe certification re;uirement and ma be basis for holdin, the official responsible for the omission to account therefore. Such absence of certification would not have the effect of invalidatin, the decision.7%' Min! t# R#ol!ti on.:inute resolutions need not be si,ned b the members of the Court who too* part in the deli berations of a case nor do the re;uire the certification of the Chief +ustice. 8Borromeo v. C04 %&&9 . E@$lanation on A&t#ntion #tc. 0n :ember who< $oo* no part4 or Dissented4 or

R!l# o decision shall be rendered b an court without e6pressin, therein clearl and distinctl the facts and the law on which it is based. 8Section %59 0 decision need not be a complete recital of the evidence presented. So lon, as the factual and le,al basis are clearl and distinctl set forth supportin, the conclusions drawn therefrom4 the decision arrived at is valid. #owever4 it is imperative that the decision not simpl be limited to the dispositive portion but must state the nature of the case4 summari-e the facts with reference to the recor d4 and contain a statement of applicable laws and 2urisprudence and the tribunal?s statement and conclusions on the case.7/ R# !i-#+#nt , not /! -i 'icti ona0lthou,h l. the % st para,raph of Section %5 is worded in mandator lan,ua,e4 it is nonetheless merel director. !t has been held that the @re;uirement does not ,o to the 2urisdiction of the courtA 7/% 8%&'& Bar Question9 P!-$o# $o inform the person readin, the decision4 and especiall the parties4 of how it was reached b the court after consideration of the pertinent facts and e6amination of applicable laws. $here are various reasons for this< $o assure the parti es that the 2ud,e studied the case $o ,ive the losin, part opportunit to anal-e the decision and possibl appeal or4 alternativel4 convince the losin, part to accept the decision in ,ood ,race 1. $o enrich the bod of case law4 especiall if the decision is from the

After deliberations b+ the group.

*ernas Primer at #)1 %200) ed.(

*ernas Primer at #)1 %200) ed.( *ernas Primer at #)2 %200) ed.(



%/=



Supreme Court. 8ransisco v. Perms*ul4 %&'&9 W)#-# A$$lica&l# $he constitutional re;uirement 8Section %54 % st para,raph9 that a decision must e6press clearl and distinctl the facts and law on which it is based as -# %# -- in  on ly to decisionsG<<. )esolutions disposin, of petitions fall under the constitutional provisio n 8Section %54 / nd para,raph9 which states that @no petition for reviewKshall be refused due courseK without statin, the le,al basis therefore.A 8Borromeo v. C09 7/1 W)#-# not A$$lica&l# !t has been held that the provision is not applicable to< 7/5

Decision of the CJ:ELEC  Decision of militar tribunals which are not courts of 2ustice. 7/7 :ere orders are not covered since the dispose of onl incidents of the case4 such as postponements of the trial. $he onl e6ception is an order of dismissal on the merits 7/= $his re;uirement does not appl to a minute resolution dismissin, a petition for habeas corpus4 certiorari and mandamus4 provided a le,al basis is ,iven therein. 8:endo-a v. C! == SC)0 &=9 either will it appl to administrative cases. 8Prudential Ban* v. Castro4 %7' SC)0 =5=9 Ill!t-ati(# Ca# o% S!%%ici#nt Co+$lianc#* Fact* $he Court of 0ppeals affirmed the conviction of petitioner for estafa. Petitioner ar,ued that the decision did not compl with the Constitution because instead of ma*in, its own findin, of facts4 the Court of 0ppeals adopted the statement of facts in the brief filed b the Solicitor General. H# l'* $here is no prohibition a,ainst court?s adoption of the narration of facts made in the brief instead of rewritin, them in its own words. 8#ernande- v. C04 //' SC)0 5/&97/( M#+o-an'!+ D#ciion. $he rule remains that the constitutional mandate sain, that @no decision shall be rendered b an court without e6pressin, therein clearl and distinctl the facts and the law on which it is based4A does not !22

ecision is described as a 4udgment rendered after the presentation of proof or on the basis of stipulation of facts. %&ru', Philippine Political Law, p. 2) %1! ed(( *ernas Primer at #)2 %200) ed.( 9agca v. &:38L8&, 112 S&
preclude the validit of @memorandum decisions4A which adopt b reference the findin,s of fact and conclusions of law contained in the decisions of inferior tribunals. $his rule has been 2ustified on the ,rounds of e6pedienc4 practicalit4 convenience and doc*et status of our courts. 7/' 8Solid #omes v. Laserna4 /'9 :emorandum decisions can also speed up the 2udicial p rocess4 a desirable thin, and a concern of the Constitution itself. Where a memorandum decision is used4 the decision adopted b reference must be attached to the :emor andum for eas reference. onetheless4 the :emorandum decision should be used sparin,l and used onl where the facts as in the main are accepted b both parties and in simple liti,ations onl. 8ransisco v. Perms*ul4 %&'&9

Ill!t-ati(# Ca# o% In!%%ici#nt Co+$lianc# !n Di-on v. +ud,e Lope-4 %&&(4 the decision4 which consisted onl of the dispositve portion 8denominated a sin !er@uicio 9* 2ud,ment9 was held invalid. Fact* )espondents sold the same propert to two different buers. Petitioners4 the first buers4 filed a case to annul the title of the seco nd buer. $he lower court rendered a decision dismissin, the complaint. #he decision stated that the !lainti%%s %ailed to !ro"e their case and there was no su%%icient !roo% o% ad %aith on the !art o% the second uyer . H # l' * $he decision does not compl with the re;uirement under the Constitution that it should contain a clear and distinct statement of facts. !t contained conclusions without statin, the facts which served as their basis. 8Valde- v. C04 %&5 SC)0 1=9 Fa ct* Petitioners filed an action to annul the foreclosure sale of the propert mort,a,ed in favor of respondent. 0fter petitioners had rested their case4 respondent filed a demurrer to the evidence. #he trial court issued an order dismissing the case on the ground that the e"idence showed that the sale was in com!lete accord with the re'uirements o% Section 3 o% Act 4o. 3)39 . H # l' * $he order violates the constitutional re;uirement. $he order did not discuss what the evidence was or wh the le,al re;uirem ents had been observed. 8icos !ndustrial Corporation v. C04 /= SC)0 %//9 Fact* $he )$C convicted the accused of murder. #he decision contained no %indings o% %act in regard to the commission o% the crime and sim!ly contained the conclusion that the !rosecution had su%%iciently estalished the guilt o% the accused o% the crime charged eyond reasonale dout and that the witnesses %or the !rotection were more credile. H#l'* $he decision did not contain an findin,s of fact which are essential in decisionma*in,. 8People v. Viernes4 /=/ SC)0 =5%9

G.'. No. ())!*(& +pril ,& "!!,. Sin Per4uicio 4udgment is a 4udgment without a statement of facts in support of its conclusions.



%/(



Fact* Petitioners sued respondents for dama,es on the ,round that the were not able to ta*e their fli,ht althou,h the travel a,ent who sold them the plane tic*ets confirmed their reservations. #he decision o% the trial court summari>ed the e"idence %or the !arties and then held that res!ondent, the tra"el agent , and the suEagent shoul d e held @ointly and se"erally liale %or damages on the asis o% the %acts. H#l'* $he decision did not distinctl and clearl set forth the factual and le,al bases for holdin, respondents 2ointl and severall liable. 8Ree En, Chon, v. Pan 0merican World 0irwas !nc.4 1/' SC)0 (%(9

0ll cases or matters filed after the effectivit of %&'( Constitution must be decided or resolved within tw# nty%o! - +on t)from date of submission for the Supreme Court. 8Section %79.

Fact* $he :$C convicted petitioner of unfair competition. Petitioner appealed to the )$C. $he )$C affirmed his conviction. $he )$C stated in this decision that it found no co,ent reason to disturb the findin,s of fact of :$C. H#l'* $he decis ion of the )$C fell short of the constitutional re;uirement. $he decision in ;uestion should be struc* down as a nullit. 8Rao v. C04 155 SC)0 //9

mandator. ailure to compl can sub2ect a Supreme Court +ustice to impeachment for culpable violation of the Constitution.71

. Stat#+#nt o% L#al "ai %o- D#nial o% MR oP#tition %o- R#(i#w o petition for review or motion for reconsideration of a decision of the court shall be refused due course or denied without statin, the le,al basis therefor. 8Section %59 )esolutions disposin, of petitions fall under the constitutional provision 8Section %54 / nd para,raph9 which states that @no petition for reviewKshall be refused due courseK without statin, the le,al basis therefore.A When the Court4 after deliberatin, on a petition and an subse;uent pleadin,s4 manifestations4 comments4 or motion decides to den due course to the petition and states that the ;uestions raised are factual or no reversible error or if the respondent court?s decision is shown or for some other le,al basis stated in the resolution4 there is sufficient compliance with the constitutional re;uirement. 8Borromeo v. C09 Ill!t-ati(# Ca#* $he Court of 0ppeals denied the petitioner?s motion for reconsideration in this wise< @Evidentl4 the motion poses nothin, new. $he points and ar,uments raised b the movants have been considered an passed upon in the decision sou,ht to be reconsidered. $hus4 we find no reason to disturb the same.A $he Supreme Court held that there was ade;uate compliance with the constitutional provision. 8:artine- v. C04 /%9 $he Supreme Court ruled that @lac* of meritA is sufficient declaration of the le,al basis for denial of petition for review or motion for reconsideration. 8Prudential Ban* v. Castro9

B. P#-io' %o- D#ciion



E@c#$tion * When the Supreme Court review the factual basis of the proclamation of martial law or suspension of the privile,e of the writ or the e6tension thereof4 it must promul,ate its decision thereon within 1 das from its filin,. 80rticle V!!4 Section %'9. Man'ato-y.Decision within the ma6imum period is

$he court4 under the %&'( Constitution4 is now mandated to decide or resolve the case or matter submitted to it for determination within specified periods. Even when there is dela and no decision or resolution is made within the prescribed period4 there is no automatic affirmance of the appealed decision. $his is different from the rule under 0rticle T4 Section %%8/9 of the %&(1 Constitution which said that4 in case of dela4 the decision appealed from was deemed affirmed. 8SesbreZo v. C04 /'9 71%

9. W)#n a Ca# D##+#' S!&+itt#' 0 case or matter shall be deemed submitted for decision or resolution upon the filin, of the last pleadin,4 brief4 or memorandum re;uire d b the )ules of Court or b the court itself. 8Section %79 7. C#- ti% ica tio n o% P#-io'  E@$ i-a tio n an' E@$lanation %o- Fail!-# to R#n'#- D#ciion oR#ol!tion 3pon the e6piration of the correspondin, period4 a certification to this effect si,ned b the Chief +ustice or the presidin, 2ud,e shall forthwi th be issued and a cop thereof attached to the record of the case or matter4 and served upon the parties. $he certification shall state wh a decision or resolution has not been rendered or issued within said period. 8Section %79 Despite the e6piration of the applicable mandator period4 the court4 without pre2udice to such responsibilit as ma have been incurred in conse;uence thereof4 shall decide or resolve the case or matter submitted thereto for determination4 without further dela . 8Section %79 ". Ca# D#ci'#' En "anc S#ction 

*ernas &ommentar+, p -%200# ed(. ?.<. 9o. 1)1#0, April 1), 200.

%/'



8/9 0ll cases involvin, the constitutionalit of a treat4 international or e6ecutive a,reement4 or law4 which shall be heard b the Supreme Court en banc4 and all other cases which under the )ules of Court are re;uired to be heard en banc4 includin, those involvin, the constitutionalit4 application4 or operation of presidential decrees4 proclamations4 orders4 instructions4 ordinances4 and other re,ulations4 shall be decided with the concurrence of a ma2orit of the :embers who actuall too* part in the deliberations on the issues in the case and voted thereon.

necessarily mean that he was not there during the delierations.

8%&&& Bar Question9 Ca# t)at +!t &# )#a-' #n &anc* 0ll cases involvin, the constitutionalit of a

P-oc#'!-# i% o$inion i #!ally 'i(i'#'. When the Court en banc is e;uall divided in opinion4 or the necessar ma2orit cannot be had4

treat4 international or e6ecutive a,reement4 or law. 0ll cases which under the )ules of Court are re;uired to be heard en banc 0ll cases involvin, the constitutionalit4 application4 or operation of presidential decrees4 proclamations4 orders4 instructions4 ordinances4 and other re,ulations Cases heard b a division when the re;uired ma2orit in the division is not obtained Cases where the Supreme Court modifies or reverses a doctrine or principle of law previousl laid down either en banc or in division. 0dministrative cases involvin, the discipline or dismissal of 2ud,es of lower courts 8Section %%9 HDismissal of 2ud,es4 Disbarment of a lawer4 suspension of either for more than % ear or a fine e6ceedin, %4 pesos 8 -eo!le ". 5acott9I

the case shall a,ain be deliberated on4 and if after such deliberation no decision is reached4 the ori,inal action commenc ed in the court shall be dismissed in appealed cases4 the 2ud,ment or order appealed from shall stand affirmed and on all incidental matters4 the petition or motion shall be denied.8R!l# B9, S#ction 7, R!l# o% Co!-t 9

1* #ow man 2ustices are needed to constitute a ;uorum when the Court sits en banc and there are onl fourteen 2ustices in office A* !n -eo!le ". 7io, 00B, since it was a capital criminal cases4 the Court said that there should be ei,ht.711

C. Ca# D#ci'#' in Di(iion S#ction  819 Cases or matters heard b a division shall be decided or resolved with the concurre nce of a ma2orit of the :embers who actuall too* part in the deliberations on the issues in the case and voted thereon4 and in no case4 without the concurrence of at least three of such :embers. When the re;uired number is not obtained4 the case shall be decided en banc< Provided4 that no doctrine or principle of law laid down b the court in a decision rendered en banc or in division ma be modified or reversed e6cept b the court sittin, en banc.

Di(iion a-# not #$a-at# an' 'itinct co!-t. 0ctions considered in an of the divisions and decisions rendered therein are4 in effect b the same $ribunal. Decisions or resolutions of a division of the court are not inferior to an en anc decision. 8People v. D4 /19

Election contests for President or Vice President. 0ppeals from Sandi,anbaan or Constitutional Commissions. 8Le,al Basis9 2See Rule < SectionF of
D#ciion o% a 'i(iion, not a$$#ala&l# to #n &anc. Decisions or resolutions of a division of the court4 when concurred in b ma2orit of its members who actuall too* part in the deliberations on the issues in a case and voted thereon is a decision or resolution of the Supreme Court. 8irestone Ceramics v. C04 /9

N!+&#- o% Vot# N## '#' to D#c i'# a Ca # H#a-' En "anc* When the Supr eme Court sits en banc cases are decided b the concurrence of @ma2orit if the members who actuall too* part in the deliberations on the issues in the cases and voted thereo n.A $hus4 since a ;uorum of the Supreme Court is ei,ht4 the votes of at least five are need ed and are enou,h4 even if it is a ;uestion of constitutionalit. 8$hose who did not ta*e part in the deliberation do not have the ri,ht to vote9 71/ 8%&&= Bar Question9

W)#-# t)# -#!i-#' n!+&#- cannot &# o&tain#' in a 'i(iion o% t)-## in '#ci'in a ca#. Where the re;uired number of votes is not obtained4 there is no decision. $he onl wa to dispose of the case then is to refer it to the Court en banc. 8Section 58199

ASM: In reality, when the decision says that a !articular 2ustice $did not take !art&, it does not

!#2

;Ca#? (. ;Matt#-?.

;Ca# or +att#- heard b a division shall be decided or resolved with the concurrence of a

*ernas Primer at ## %200) ed.(

ma2orit of the !##


*ernas Primer at ##- %200) ed.(

%/&




particular decision that it determines4 after re e6amination4 to call for a rectification. $he adherence to precedents is strict and ri,id in a commonlaw settin, li*e the 3nited Min,dom4 where 2ud,es ma*e law as bindin, as an 0ct of Parliament. But ours is not a commonlaw sstem hence4 2udicial precedents are not alwas strictl and ri,idl followed. 0 2udicial pronouncement in an earlier decision may e followed as a precedent in a subse;uent case onl when its reasonin, and 2ustification are relevant4 and the court in the latter case accepts such reasonin, and 2ustification to be applicable to the case. $he application of

:embers who actuall too* part in the deliberations on the issues in the case and voted thereon4 and in no case4 without the concurrence of at least three of such :embers.? When the re;uired numbe r is not obtained4 the ca# shall be decided en banc.A

0 careful readin, of the above constitutional provision reveals the intention of the framers to draw a distinction between cases on one hand and4 and matters on the other hand4 such that cases are >decided? while matters4 includin, motions4 are >resolved?. Jtherwise put4 the word @decidedA must refer to >cases while the word >resolved? must refer to >matters?. W)#-# t)# -#!i-#' n!+&#- cannot &# o&tain#' i n a ' i ( i  i o n o % t ) - # # i n +o t i o n % o -#c on i' #-a tio n. !f a case has alread been decided b the division and the losin, part files a motion for reconsideration4 the failure of the division to resolve the motion because of a tie in the votin , does not leave the case undecided. Quite plainl4 if the voti n, results in a tie4 the motion for reconsideration is lost. $he assailed decision is not reconsidered and must therefore be deemed affirmed. 8ortich v. Corona4 %&&&9 S!$-#+# Co!-t an'Stare Decisis

Stare decisis derives its name from the Latin ma6im stare decisis et non 'uieta mo"ere4 i.e.4 to adhere to precedent and not to unsettle thin,s that are settled. !t simpl means that a principle underlin, the decision in one case is deemed of imperative authorit4 controllin, the decisions of li*e cases in the same court and in lower courts within the same 2urisdiction4 unless and until the decision in ;uestion is reversed or overruled b a court of competent authorit. $he decisions relied upon as precedents are commonl those of appellate courts4 because the decisions of the trial courts ma be appealed to hi,her courts and for that reason are probabl not the best evidence of the rules of law laid down.

precedent is for the sa*e of convenience and stabilit. VIII. Ot)#- Co!-t Composition (udicial Power (udicial Review (urisdiction @ualifications Appointment Salaries +enure Removal Prohi#ition Decidin! a Case A. Co+$oition $he composition of lower courts shall be provided b law. $he laws are +udiciar 0ct of %&5' and BP %/&. $he different lower courts under the +udiciar )eor,ani-ation Law are the< Court of 0ppeals re,ional trial courts metropolitan trial courts municipal trial courts municipal circuit trial courts Jther Courts< Court of $a6 0ppeals Sandi,nabaan Sharia Court

+udicial decisions assume the same authorit as a statute itself and4 until authoritativel abandoned4 necessaril become4 to the e6tent that the are applicable4 the criteria that must control the actuations4 not onl of those called upon to abide b them4 but also of those dutbound to enforce obedience to them. !n a hierarchical 2udicial sstem li*e ours4 the decisions of the hi,her courts bind the lower courts4 but the courts of coordinate authorit do not bind each other. $he one hi,hest court does not bind itself4 bein, invested with the innate authorit to rule accordin, to its best li,hts. T)# Co!-t, a t)# )i)#t co!-t o% t)# lan', +ay &# !i'#' &!t i not cont-oll#' &y $-#c#'#nt . $hus4 the Court4 especiall with a new membership4 is not obli,ed to follow blindl a



8$o,ether with the Supreme Court 4 the aforementioned tribunals ma*e up the 2udicial department of our ,overnment9 715 Co !- t o% A$$ #a l . $he Court of 0ppeals is composed of =' 0ssociate +ustices and % Presidin, +ustice. 8)0 7/ )0 '/5=9 ". :!'icial Pow#-K :!'icial R#(i#w in Low#- Co!-t

!#"

&ru', Philippine Political Law, p. 2#1 %1! ed(.

%1


:!'icial $ow#- )all &# (#t#' in one Supreme Court and in !c ) low #- co! -tas ma  be established b law. +udicial power includes the dut of the courts of 2ustice to settle actual controversies involvin, ri,hts which are le,all demandable and enforceable4 and to determine whet her or not there has been a ,rave abuse of discretion amountin, to lac* or e6cess of 2urisdiction on the part of an branch or instrumentalit of the Government. 8Section %9

Atty. ARIS S. MANGUERA 0ll cases in which the 2urisdiction of an lower court is in issue.

←

0ll criminal cases in which the penalt imposed is reclusion perpetua or hi,her.

←

0ll cases in which onl an error or ;uestion of law is involved.

Cont#+$t Pow#- 8See )ule (%9 $he power to punish for contempt is inherent in al courts its e6istence is essential to the preservation of order in 2udicial proceedin,s and to the enforcement of 2ud,ment4 orders4 and mandates of the courts4 and conse;uentl4 to the due administration of 2ustice.71= 4559 "a- 1!#tion Jn the first da of the trial of a rapemurder case where the victim was a popular $V star4 over a hundred of her fans rallied at his entrance of the courthouse4 each carrin, a placard demandin, the conviction of the accused and the imposition of the death penalt on him. $he rall was peaceful and did not disturb the proceedin,s of the case. J: Can the trial court order the dis!ersal o% the rallyists under the !ain o% eing !unished %or contem!t o% courtK Suggested Answer: Res4 the trial court can order the dispersal of the rall under the pain of bein, cited for contempt. $he purpose of the rall is to attempt to influence the administration of 2ustice. 0s stated in People v. lores4 /1& SC)0 '14 an conduct b an part whic h tends to directl or indirectl impede or obstruct or de,rade the

L#al "a# o% low#- co!-t $ow#- o% /!'icial -#(i#w* Article VIII, Section ;$ Since the power of 2udicial review flows from 2udicial power and since inferior courts are possessed of 2udicial power4 it ma be fairl inferred that the power of 2udicial review is not an e6clusive power of the Supreme Court. Article VII, Section G2<3$ $his same conclusion ma be inferred from 0rticle V!!!4 Section 78/94 which confers on the Supreme Court appellate 2urisdiction over 2ud,ments and decrees of lower courts in certain cases. Not#< While a declaration of unconstitutionalit made b the Supreme Court constitutes a precedent bindin, on all4 a similar decision of an inferior court binds onl the parties in the case. 717 C. :!-i'iction o% Low#- Co!-t 4 Stat!to-y Con%#-+#nt o% :!-i'iction $he Con,ress shall have the power to define4 prescribe4 and apportion the 2urisdiction of the various courts. 8Section /9

administration of 2ustice is sub2ect to the contempt powers of the court. J: I% instead o% a rally, the %ans o% the "ictim wrote letters to the news!a!er editors demanding the con"iction o% the accused, can the trial court !unish them %or contem!tK Suggested Answer: o4 the trial court cannot punish for contempt the fans of the vict im who wrote letters to the newspaper editors. Since the letters were not addressed to the 2ud,e and the publication of the letters occurred outside the court4 the fans cannot be punished in the absence of a clear and present dan,er to the administration of 2ustice.

3. Contit!tional Con%#-+#nt o% :!-i'iction :.M. T!aon  Co. (. CAK Ynot (. IAC* $here is in effect a constitutional conferment of ori,inal 2urisdiction on the lower courts in those five cases for which the Supreme Court is ,ranted appellate 2urisdiction in Section 78/9. S#ction B3. $he Supr eme Court has the power to review4 revise4 revers e4 modif4 or affirm on appeal or certiorari as the law or the )ules of Court ma provide 4 final 2ud,ments and orders of lower courts in< 0ll cases in which the constitutionalit or validit of an treat4 international or e6ecutive a,reement4 law4 presidential decree4 proclamation4 order4 instruction4 ordinance4 or re,ulation is in ;uestion. 0ll cases involvin, the le,alit of an ta64 impost4 assessment4 or toll4 or an penalt imposed in relation thereto.

←

1!ali%ication 1! al i% ic at io n A$$#al

←

←

←

!#!

*ernas &ommentar+, p )" %200# ed(.

!#)

o%

M# +&#-  o%

Co !- t o%

:ust be a naturalborn citi-en of the Philippines 8Section (8%99 :ust be a member of the Philippine Bar 8Section (8/99

Slade Per5ins v. irector of Prisions, ! Phil 2-1.



%1%


:ust be a person of proven competence4 inte,rit4 probit4 and independence. 8Section (8199 Possessin, other ;ualifications prescribed b Con,ress 8Section (8/99 Section ( of BP %/& provides that4 &#he -residing 2ustice and the Associate 2ustice shall ha"e the same 'uali%ications as those !ro"ided in Constitution %or 2ustice o% the Su!reme Court&. #ence4 the members of the C0 must also be< :ust at least be 5 ears of a,e :ust have been for %7 ears or more a 2ud,e of a lower court or en,a,ed in the practice of law in the Philippines 3. Contit!tional 1!ali%ication %o- Non coll#iat# co!-t Citi-ens of the Philippines 8Section (8/99 :embers of the Philippine Bar 8Section (8/99 Possessin, the other ;ualifications prescribed b Con,ress 8Section (8/99 :ust be a person of proven competence4 inte,rit4 probit and independence. 8Section (8199 1!ali%ication o% RTC :!'#* Citi-en of the Philippines 8Section (8/99 :ember of the Philippine Bar 8Section (8/99 0 person of proven competence4 inte,rit4 probit and independence. Possessin, the other ;ualifications prescribed b Con,ress 8Section (8/99 ←

←

0t least%79 17 ears old 8BP %/&4 Section #as been en,a,ed for at least H%I ears in the practice of law in the Phili ppines or has held public office in the Philippines re;uirin, admission to the practice of law as an indispensable re;uisite. 8BP %/&4 Section %79

1!ali%ication o% MTC, M#TC, MCTC :!'#* Citi-en of the Philippines 8Section (8/99 :ember of the Philippine Bar 8Section (8/99 0 person of proven competence4 inte,rit4 probit and independence. Possessin, the other ;ualifications prescribed b Con,ress 8Section (8/99 ←

0t least 17 ears old 8BP %/&4


#as been en,a,ed for at least 7 ears in the practice of law in the Philippines or has held public office in the Philippines re;uirin, admission to the practice of law as an indispensable re;uisite. 8BP %/&4 Section /=9 1!ali%ication o% CTA :!'#* +ud,es of the C$0 shall ,ave the same ;ualifications as :embers of the Supreme Court. 8)0 o. %%/74 Section % in relation to C0 o. %/4 Section %9 1!ali%ication o% M#+&#- o% San'ian&ayan* o person shall be appointed as :ember of the Sandi,anbaan unless he is at least fort ears of a,e and for at least % ears has been a 2ud,e of a court of record or has been en,a,ed in the practice of law in the Philippines or has held office re;uirin, admission to the bar as a prere;uisite for a li*e period. 8PD o. %== as amended4 Section %9 1!ali%ication o% /!'# o% S)a-ia Co!-t* !n addition to the ;ualifications for :embers of )e,ional $rial Courts4 a 2ud,e of the Sharia?s district court must be learned in the !slamic Law and +urisprudence. 8PD o. %'14 0rticle %59 o person shall be appointed 2ud,e of the Shari?a Circuit Court unless he is at least /7 ears of a,e4 and has passed an e6amination in the Shari?a and !slamic 2urisprudence to be ,iven b the Supreme Court for admission to special membership in the Philippine Bar to practice in the Shari?a courts. 8PD o. %'14 0rticle %7/9 No t# * Con,ress ma not alter the constitutional ;ualifications of members of the +udiciar. But Con,ress ma alter the statutor ;ualifications of 2ud,es and 2ustices of lower courts.71( !t behooves ever prospective appointee to the +udiciar to apprise the appointin, authorit of ever matter bearin, on his fitness for 2udicial office4 includin, such circumstances as ma reflect on his inte,rit and probit. $hus the fact that a prospective 2ud,e failed to disclose that he had been administrativel char,ed and dismissed from the servi ce for ,rave misconduct b a former President of the Philippines was used a,ainst him. !t did not matter that he had resi,ned from office and that the administrative case a,ainst him had become moot and academic. 71' D. A$$oint+#nt

Section /=9 $hePresident 2ud,es offrom lower courts appointed b the a list of atshall leastbe three nominees *ernas Primer at #!) %200) ed.( /n re 87C v. 8ud&e ;uitain! +BC o. %14 0u,ust //4 /(.



%1/


prepared b the +udicial and Bar Council for ever vacanc. Such appointments need no confirmation. or the lower courts4 the President shall issue the appointments within ninet das from the submission of the list. 8Section &9 Old Doctrine =S#ction 4B> a$$li# in t)# a$$oint+#nt in t)# :!'icia-y. $wo months immediatel before the ne6t presidential elections and up to the end of his term4 a President or 0ctin, President shall not ma*e appointments4 e6cept temporar appointments to e6ecutive positions when continued vacancies therein will pre2udice public service or endan,er public safet. Since the e6ception applies onl to e6ecutive positions4 the prohibition covers appointments to the 2udiciar.71& Durin, this period H/ months immediatel before the ne6t presidential electionsKI4 the President is neither re;uired to ma*e appointments to the courts nor allowed to do so. Section 58%9 and & of 0rticle V!!! simpl mean that the President is re;uired b law to fill up vacancies in the courts within the same time frames provided therein unless prohibited b Section %7 of 0rticle V!!. While the filin, up of vacancies in the 2udiciar is undoubtedl in the public interest4 there is no showin, in this case of an compellin, reason to 2ustif the ma*in, of the appointments durin, the period of the ban. 8!n )e 0ppointment of :ateo Valen-uela4 %&&'9 New Doctrine $he prohibition under 0rticle V!!4 Section %7 of the Constitution a,ainst presidential appointments immediatel before the ne6t presidential elections and up to the end of the term of the President 'o# not a$$ly to (acanci# in t)# S!$-#+# Co!-t.8De Castro v. +BC4 :arch %(4 /%9 E. Sala-i# $he salar of 2ud,es of lower courts shall be fi6ed b law. Durin, their continuance in office4 their salar shall not be decreased. 8Section %9 !mposition of income ta6 on salaries of 2ud,es does not violate the constitutional prohibition a,ainst decrease in salaries.8itafan v. $an4 %7/ SC)0 /'59 F. T#n!-#

!#

/n re4 Appointment of %alen'uela!A3 60!01 S&, 9ovember , 1.




$he 2ud,es of lower courts shall hold office durin, ,ood behavior until the reach the a,e of #(#nty y#a-  or become incapacitated to dischar,e the duties of their office. 8Section %%9 o law shall be passed reor,ani-in, the +udiciar when it undermines the securit of tenure of members. 8Section /9 !n =argas ". =illaro>a, 8' Phil /&( 8%&'/ 94 the Supreme Court held that the ,uarantee of securit of tenure is a ,uarantee not 2ust a,ainst @actual removalA but also of @uninterrupted continuit in tenure.A G. Dici$lin#2 R#+o(al $he Supreme Court en anc shall have the power of discipline 2ud,es of lower courts4 or order their dismissal b a vote of a ma2orit of the :embers who actuall too* part in the deliberations on the issues in the case and voted thereon. 0ccordin, to -eo!le ". 5acott, ()**91, onl dismissal of 2ud,es4 disbarment of a lawer4 suspension of either for more than % ear or a fine e6ceedin, %4 pesos re;uires en banc decision. $he ,rounds for the removal of a 2udicial officer should be established beond reasonable doubt4 particularl where the char,es on which the removal is sou,ht are misconduct in office4 willful ne,lect4 corruption and incompetence. 8Jffice of the +udicial 0dministrator v. Pascual4 %&&=9 H. P-o)i&ition $he members of courts established b law shall not be desi,nated to an a,enc performin , ;uasi 2udicial or administrative functions. 8Section %/9 $hus4 where a 2ud,e was desi,nated member of the Ilocos 4orte -ro"incial Committee on 2ustice b the Provincial Governor where the function of the Committee was to receive complaints and ma*e recommendations towards the speed disposition of cases of detainees4 the '#ination wa in(ali'at#' . 8In re :an-ano4 %== SC)0 /5= 8%&''9. I. D#ci'in a Ca# 4. Con!ltation $he conclusions of the Hlower colle!iate courtsI in an case submitted to it for decision en anc or in division shall be reached in consultation before the case is assi,ned to a :ember for the writin, of the opinion of the court. 0 certification to this effect si,ned b the HChief +usticeI shall be issued and a cop thereof

%11



attached to the record of the case and served upon the parties. 0n :embers who too* no part4 or dissented4 or abstained from a decision or resolution must state the reason therefor. 8Section %19

the Sandi,anbaan is also clear with the 1 month re,lementar period. $he Sandi,anbaan4 in a sense4 acts li*e a trial court4 therefore a 1 month and not a %/ month re,lementar period.

Not#* C0 sits in divisions when it hears cases the onl time to convenes as one bod is to ta*e up matters of administration. 3. Stat#+#nt o% Fact an' Law o decision shall be rendered b an court without e6pressin, therein clearl and distinctl the facts and the law for on review which itorismotion based.for reconsideration o petition of a decision of the court shall be refused due course or denied without statin, the le,al basis therefor. 8Section %59 . P#-io' in D#ci'in Co! - t Supreme Court Court of 0ppeals Sandi,anbaan

0ll other lower courts

Ca# P#-io ' 3A +ont) 8Section %79 43 +ont) 8Section %79  +ont)8)e Problem of Delas in Sandi,anbaan9  +ont)8Section %79

0ll cases or matters filed after the effectivit of %&'( Constitution must be decided or resolved within4 unless reduced b the Supreme Court4 tw#l(# +ont) %o- all low#- coll#iat# co!-t 4 and t)-## +ont) %o- all ot)#- low#- co!-t . 0 case or matter shall be deemed submitted for decision resolution upon the filin, of the last pleadin,4orbrief4 or memorandum re;uired b the )ules of Court or b the court itself. 859 Despite the e6piration of the applicable mandator period4 the court4 without pre2udice to such responsibilit as ma have been incurred in conse;uence thereof4 shall decide or resolve the case or matter submitted thereto for determination4 without further dela. 8Section %79 RE P-o&l#+ o% D#lay in t)# San'ian&ayan $he provision in 0rticle V!!!4 Section %7 of the %&'( Constitution which sas that cases or matters filed must be decided b @lower colle,iate courtsA within %/ months4 does not appl to the Sandi,anbaan. $he provision refers to re,ular courts of lower colle,iate level4 which is the Court of 0ppeals. $he Sandi,anbaan is a special court on the same level as the Court of 0ppeals4 possessin, all inherent powers of a court of 2ustice with the same functions of a trial court. $he Sandi,anbaan4 bein, a special court4 shal l have the powe r to promul,ate its own rules. !n fact4 it promul,ated its own rules re,ardin, the re,lementar period of undecided cases under its 2urisdiction. !n its own rules it sas that 2ud,ments on pendin, cases shall be rendered within 1 months. 0lso4 the law creatin, I sweat, I bleed, I soar…


%15

Utopia Consti Reviewer 2010 Part i Version 3

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