Constitutional Law 1

59
POLITICAL LAW REVIEW Part I by MIGUEL B. Cordilleras LICERALDE SR. University of the Chapter I. A. INTRODUCTION 1. Political law –defined [Macariola v. Asuncion, 114 SCRA 77] 2. Scope of Political Law 3. Constitution-defined and classified. 4. Parts of a written constitution 5. Interpretation & construction of the Constitution; a. Self-executing & non self- executing (Manila Prince Hotel vs. GSIS, 267 SCRA 408 [1997]. Art. II provisions generally not self-executing provisions (Kilosbayan v. Morato, 246 SCRA 540) 6. Historical background: a. Malolos Constitution b. American Organic Acts c. 1935 Constitution d. 1973 Constitution e. 1985 snap presidential election f. READ: concurring opinion of J. Puno in Republic v. Sandigan, 407 SCRA 10 g. Nature of government after Feb. 25, 1986 up to the proclamation (No. 3) of the Freedom Constitution on March 24, 1986 (REPUBLIC v. Sandigan, 407 SCRA 10) h. Freedom Constitution B. THE 1987 CONSTITUTION- 1. Adoption and ratification on 02 Feb. 1987; its effectivity (De Leon v. Esguerra, 153 SCRA 602) 2. Supremacy of the Constitution (Manila Prince Hotel vs. GSIS, 267 SCRA 408 [1997]; exception-Lawyers League for a Better Philippines v. Aquino, GR 73748, 5/22/86; In re: Bermudez A. PREAMBLE We, the sovereign Filipino people, imploring the aid of almighty god, in order to build a just and humane society and establish a government that shall embody our ideals and aspirations , promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth , justice, freedom, love, equality and peace, do ordain and promulgate this constitution. a. 1987 Preamble compared with the 1973,1935 b. Function of the preamble. Is it a source of rights? What are its purposes and effects? READ: Aglipay v. Ruiz, 64 Phil 20I ARTICLE II.- FUNDAMENTAL PRINCIPLES AND STATE POLICIES- Generally not self-executing provisions (KILOSBAYAN V. MORATO, 246 SCRA 540) Section 1. The Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them. III. PHILIPPINES AS A STATE a. “State” defined; distinguished from “nation” Collector vs. Rueda, 42 SCRA 23 [1971] b. Elements of State (people, territory, government, sovereignty) 1). PEOPLE a). As inhabitants-Sec. 1,Art. XIII; Sec. 15, Art. II; Sec. 2, Art. III b). As citizens- Preamble; Sec. 1 & 4, Art. II; Sec. 7, Art. III c). As electors- Sec. 4, Art. VII; Sec. 2, Art. XVI; Sec. 25, Art. XVIII 2) TERRITORY; ARTICLE I- National Territory a). What is the scope and how is the national territory defined under the 1935, 1973, 1987 Constitution?

Transcript of Constitutional Law 1

Page 1: Constitutional Law 1

POLITICAL LAW REVIEW

Part I

by

MIGUEL B. Cordilleras

LICERALDE SR.University of theChapter I.

A. INTRODUCTION1. Political law –defined [Macariola v. Asuncion, 114

SCRA 77]2. Scope of Political Law3. Constitution-defined and classified. 4. Parts of a written constitution5. Interpretation & construction of the Constitution;

a. Self-executing & non self-executing (Manila Prince Hotel vs. GSIS, 267 SCRA 408 [1997]. Art. II provisions generally not self-executing provisions (Kilosbayan v. Morato, 246 SCRA 540)

6. Historical background:a. Malolos Constitutionb. American Organic Actsc. 1935 Constitutiond. 1973 Constitutione. 1985 snap presidential election

f. READ: concurring opinion of J. Puno in Republic v. Sandigan, 407 SCRA 10

g. Nature of government after Feb. 25, 1986 up to the proclamation (No. 3) of the Freedom Constitution on March 24, 1986 (REPUBLIC v. Sandigan, 407 SCRA 10)

h. Freedom Constitution

B. THE 1987 CONSTITUTION-1. Adoption and ratification on 02 Feb. 1987; its

effectivity (De Leon v. Esguerra, 153 SCRA 602)2. Supremacy of the Constitution (Manila Prince Hotel

vs. GSIS, 267 SCRA 408 [1997]; exception-Lawyers League for a Better Philippines v. Aquino, GR 73748, 5/22/86; In re: Bermudez

A. PREAMBLEWe, the sovereign Filipino people, imploring the aid of almighty god, in order to build a just and humane society and establish a government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality and peace, do ordain and promulgate this constitution.

a. 1987 Preamble compared with the 1973,1935

b. Function of the preamble. Is it a source of rights? What are its purposes and effects? READ: Aglipay v. Ruiz, 64 Phil 20I

ARTICLE II.- FUNDAMENTAL PRINCIPLES AND STATE POLICIES-

Generally not self-executing provisions (KILOSBAYAN V. MORATO, 246 SCRA 540)

Section 1. The Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them.

III. PHILIPPINES AS A STATE

a. “State” defined; distinguished from “nation” Collector vs. Rueda, 42 SCRA 23 [1971]

b. Elements of State (people, territory, government, sovereignty)1). PEOPLE

a). As inhabitants-Sec. 1,Art. XIII; Sec. 15, Art. II; Sec. 2, Art. III

b). As citizens- Preamble; Sec. 1 & 4, Art. II; Sec. 7, Art. III

c). As electors- Sec. 4, Art. VII; Sec. 2, Art. XVI; Sec. 25, Art. XVIII

2) TERRITORY; ARTICLE I- National Territorya). What is the scope and how is the national territory

defined under the 1935, 1973, 1987 Constitution?

b). Reasons for constitutional definition of national territory under the 1935, 1973 & 1987 constitution.

c). Changes in the definition of the national territory under 1987 Constitution. Effects?

d). Archipelagic doctrine-Elements & Methods in fixing the base line

e). Read: RA 9522 defining the archiplegic baselines; PD 1596 - June 11, 1978- Annexing Kalayaan Islands as municipality of Palawan; PD 1599 - June 11, 1978- Declaring the 200- mile Economic Zone; UNCLOS

MAGALLONA vs. ERMITA, GR 187167, 8/6/11

3). Government-defined a). “Govt. of the Philippines”-definedsee- Sec. 2, Revised Adm. Code

b). Functions of government: constituent (governmental) and Ministrant (proprietary) Bacani v. Nacoco, 100 Phil 468[1956]

c). Distinction has become obsoleteACCFA v, CUGCO, 30 SCRA 649 (agricultural credit); NHC vs. JUCO, 134 SCRA 172, (1985) (housing); (Fontanilla v. Maliaman, 2/27/91-GR 55963 (water irrigation). PEA V. Yujuico, 351 SCRA 280[2001] (roads) SHIPSIDE, INC. vs. CA, GR 143377 2/20/01- (special economic zone)

d). De Jure and De Facto governmentsCo Kim Chan vs. Valdez, 75 PHIL 113

Page 2: Constitutional Law 1

e). What is the nature of the government under the Freedom Constitution-Letter of Justice REYNATO PUNO, 210 SCRA 589,598[1992]; Lawyer’s League for a Better Philippines v. Aquino, 5/22/86

f). What is the legal distinction between EDSA PEOPLE POWER I and EDSA PEOPLE POWER II? Estrada v. Arroyo GR. No. 146738. March 2, 2001)

g). Forms of Government- Direct democracy, Assembly, Parliamentary, Presidential

h). What form of government did we have under the 1973 Constitution as revised under 1981 amendments? Free Telephone Workers Union v. Minister, 108 SCRA 757, 763-5[1981]

i). Administration distinguished from government

4). SOVEREIGNTYa). Legal and politicalb). Characteristics: permanent, exclusive, comprehensive, absolute, indivisible, inalienable, and imprescriptible

THE PROVINCE OF NORTH COTABATO vs. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE PANEL ON ANCESTRAL DOMAIN (GRP), et al., G.R. No. 183591, October 14, 2008

c). Effect of belligerent occupation on sovereignty-political laws suspended subject to revival but does not apply to members of the military (Ruffy v. Chief of Staff, 75 Phil 875); -Non political laws continues unless changed; judicial decisions on political matters during the occupation deemed annulled (Peralta v. Director of Prisons, 75 PHIL 285)

d). Effect of change of sovereignty-political laws abrogated unless reenacted. Macariola v. Asuncion, 114 SCRA 77

e). Sovereignty as “Auto-Limitation”Reagan v. Commissioner, 30 SCRA 968People v. Gozo, 53 SCRA 476Tanada v. Angara, 272 SCRA 8

f). Doctrine of Parens Patriae

Govt. V. Monte de Piedad, 35 Phil 738 ;Cabanas V. Pilapil, 58 SCRA 94

P R I N C I P L E S

1. The Philippines as a “democratic and republican state”. Why was “democratic” added to “republican”? Read: Tolentino vs. Commission on Elections, 420 SCRA 438(2004);

2. Essential features and manifestations of republicanism

3. Renunciation of war ; Incorporation Clause; Sec. 2

Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

a. Aggressive war vs. defensive warb. Incorporation vs. Transformation; hard law vs. soft law, meaning of generally accepted principles of international law – Pharmaceutical and Health Care Assn. vs. Duque, GR 173034, 10/9/07

c. Incorporation Clause and related mattersKuroda v. Jalandoni, 83 Phil 171Agustin v. Edu, 88 SCRA 195ISAE vs. QUISUMBING, 333 SCRA 13

On UN Declaration of Human RightsMejoff v. Director of Prisons, 90 Phil. 70Salonga v. Hermoso, 97 SCRA 121Mijares v. Rañada, 455 SCRA 397 (2005)Shangri-la v. Developers Group of Companies, Inc., 486 SCRA 405 (2006).Government of Hongkong Special Administrative Region v. Olalia, 521 SCRA 470 (2007)

c. IN CASE OF CONFLICT, WHICH SHOULD PREVAIL ? Treaty or Constitution or law ? SEE ruling in Balikatan 02-1 in LIM et al. Vs. Exec. Sec., GR 15445, 4/11/02

Section 3. Civilian Authority is, at all times, supreme over the military. The armed forces of the Philippines is the protector of the people and the state. Its goal is to secure the sovereignty of the state and the integrity of the national territory.

a. The President as Commander in chief b. READ Sec 18, Art. VII-c. Civilian supremacy-not diminished by calling the marines to maintain peace and order or suppress violence (IBP vs. ZAMORA, 338 SCRA 81

d. role of the military

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

a. Refusal to enlist (P. V. Lagman, 66 Phil 13 [1913])

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

Section 6. The separation of Church and State shall be inviolable.

a. Correlative provisions1). Sec. 5, Art. III-non establishment/free exercise and religious test2). Sec. 28(3) Art. VI-tax exempt

2

Page 3: Constitutional Law 1

3). Sec. 29 (2) Art. VI-non appropriation clause4). Par C, 2 (5), Art. IX-religious party5). Sec. 3(3) Art. XIV-optional religious instructions in public schools

b. READ: Aglipay v. Ruiz, 64 Phil 201 (1) benevolent neutrality or accommodation, whether mandatory or permissive, is the spirit, intent and framework underlying the religion clauses in our Constitution; and (2) in deciding respondent’s plea of exemption based on the Free Exercise Clause (from the law with which she is administratively charged), it is the compelling state interest test, the strictest test Estrada vs. Escritor, 492 SCRA 1(2006)

STATE POLICIES SECTION 7- The state shall pursue and Independent Foreign Policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self determination.

What is the consideration for foreign relations?

SECTION 8. – The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.

a. What is the meaning of the policy?

Section 9. The state shall promote a Just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.

Section 10. the state shall promote Social Justice in all phases of national development.

a. Read: Article XIIIb. Social Justice: Definition & Concept-Calalang v. Williams, 70 Phil 726; Alalayan v. NPC, 24 SCRA 172; Tuazon v. Land Tenure, 31 SCRA 413

c. Social justice, tempered-Astudillo v. Board, 73 SCRA 15 [1976]Salonga v. Farrales, 105 SCRA 359, 369[1981]

d. Compare the Social Justice provisions under the 1935, 1973, 1987 Constitutions

Section 11. The state values the dignity of every human person and guarantees full respect for human rights.

READ: Article XIII, Sec. 17-19

Section 12. The state recognizes the sanctity of family life and shall protect and strengthen the family as a basic social institution. it shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic

efficiency and the development of moral character shall receive the support of the government.

a. READ: Article XVb. The family

Cabanas v. Pilapil, suprac. The unborn-limitation to abortion to avoid application of Roe

v. Wade, 4410 US 113 [1973]d. Rearing of the youth-as primary and natural right and duty

of parentsMeyer v. Nebraska, 260 US 260 [1922]Pierce v. Society of Sisters, 268 US 510 [1925]Ginsberg v. New York, 390 US 629 [1968]Wisconsin v. Yoder, 106 US 205 [1972]Angeles v. Judge Sison, 112 SCRA 26 [1982]

Section 13. the state recognizes the Vital role of the youth in nation building, and shall promote and protect their physical, moral, spiritual, intellectual well being. it shall inculcate in the youth patriotism and nationalism, and encourage in public and civic affairs.

People v. Ritter, 194 SCRA 690

Section 14. the state recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.

See: Sec. 14 of Article XIII

Section 15. the state shall protect and promote the right to health of the people and instill health consciousness among them.

See: Article XIII, Secs. 11-13 (social justice provisions)

Construction of high voltage electric transmission lines may be enjoined - HERNANDEZ et al., v. NPC, GR. 145328, 3/23/06

Section 16. The state shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

An enforceable right- Oposa v. Factoran, 7/30/93 which can be enforced by Mandamus(MMDA v. Concerned Residents of Manila Bay, 643 SCRA 90 [2011]

Section 17. The state shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.read also Article XIV

Section 18. the state affirms labor as primary social economic force. it shall protect the rights of workers and promote their welfare.

See: Sec. 3 Article XIII

Section 19. The state shall develop a self-reliant and independent national economy effectively controlled by Filipinos.

READ: Article XII-National Economy and Patrimony

3

Page 4: Constitutional Law 1

b. Meaning of self reliant and independent: not in isolation- Tanada v. Angara, 5/2/97

Section 20. The state recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments.“LET ALONE POLICY”Marine Radio v. Reyes, 11/6/90 (on role of private sector)

Section 21. The state shall promote comprehensive rural development and agrarian reform.

READ: Sec. 4-10 of Article XIIIPD 27, RA 3844 and 6389, CARP (RA 6657, as extended by CARPer, RA 9700)

Section 22. The state recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.

See: Article X, XII, XIV and XVIRead: IPRA LAW, RA 8371

CRUZ & EUROPA vs. DENR, 347 SCRA 128, GR 135385, 12/6/00

Section 23. The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation.

See: Sec. 15 & 16 of Article XIII

Section 24. The state recognizes the vital role of communication and information in nation-building.

See Article XVI, Secs. 10 and 11

Section 25. The state shall ensure the autonomy of local governments.Read: Article X1991 Local Government Code; its features on autonomy

Section 26. The state shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.

Not self-executing; nuisance candidatesPAMATONG vs. COMELEC, G.R. No. 161872, April 13, 2004

Note: the bill of political dynasty remains a bill in Congress

Section 27. The state shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.Read: Article XI on Accountability of Public Officers

Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.

(EO 464) SENATE vs. ERMITA, GR No. G.R. No. 169777, April 20, 2006, Read: Sec. 7 Art. III- Right to information and access to official records

The right to information guarantees the right of the people to demand information, while Section 28 recognizes the duty of officialdom to give information even if nobody demands. THE PROVINCE OF NORTH COTABATO vs. GRP PEACE PANEL ON ANCESTRAL DOMAIN, G.R. No. 183591, October 14, 2008.

ARTICLE VI.

LEGISLATIVE DEPARTMENT

Separation of PowersA. To avoid concentration of powers/authority B. Sample cases on separation of powers:

Planas v. Gil, 67 Phil 62 Santiago/Tatad v. Guingona, 11/18/98 Garcia v. Macaraig, 39 SCRA 106 Dolalas v. Ombudsman, 12/24/96

Power of Investigation vs. Executive Privilege- SENATE OF THE PHIL. et al., vs. ERMITA, GR No. 169777, April 20, 2006- constitutionality of EO 464

ABAKADA GURO PARTY LIST vs. HON. CESAR V. PURISIMA- on joint congressional oversight committee to approve executive implementing rules

C. Blending of powers instances: appointment, amnesty, appropriation,

ratification of treaties

D. Principle of Checks and Balances legislative power- spending power, confirmatory

power, treaty ratification executive power- veto, appointment, clemency judicial power – judicial review

ARTICLE VILegislative Department

Section 1. The legislative power shall be vested in the Congress of the Philippines, which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.

Powers of Congresslegislative and non legislative

1) Legislative power-defineda) kinds-

original/derivativeconstituent/ordinary

2) Basic Concepts of legislative powera) no passage of irrepealable laws

including imposition of a higher majority for its repeal KIDA v. SENATE, 659 SCRA 270

b) separation of powersc) non-delegability

3) Nature-inherent 4) Limits to legislative power

4

Page 5: Constitutional Law 1

a) Substantiveb) Procedural

5) Substantive limitationsi) Express limitations- Constitutional limitationsii) Implied limitation-

(1) Principle of Non-delegation (delegata potestas non delegari potest) (a) corollary to separation of powers(b) applies to the three(3) powers of

government(c) And ALSO to grant of legislative

franchise – Jaworksi vs. PAGCOR and SAGE, GR No. 144463, 1/4/04

iii) Permissive Delegation of Legislative Power(1) Delegations provided under the Constitutions

(a) Tariff powers of the President -Sec. 28 (2) Art. VI

(b) Emergency powers to the Pres.-Sec. 23 (2) Art. VI

(2) Delegations to Local Governments - Sec. 5 Art. X

(3) Delegation of Rule-making power to Administrative bodies;(a) May rules and regulations issued by

Adm. Bodies have the force and effect of a law?

Delegation to the People (Sec. 32 Art. VI)

Requisites for a valid delegation by a law1. Completeness test- the law must set forth the policy

2. Sufficient Standard test- the law must set forth the limits within which the delegate must conform

Cases: delegation to the executive department- Pelaez v.

Auditor General, 15 SCRA 569; US v. Ang Tang Ho, 43 Phil 1 [1922]; P. v. Rosenthal, 68 Phil 328 [1939]; delegated power to remove BIR and BOC officials under the Attrition Law. ABAKADA GURO PARTY LIST vs. PURISIMA, G.R. No. 166715, August 14, 2008

delegation to administrative bodies/agencies-rule making power -Tablarin v. Gutierrez, 152 SCRA 730 [1987] ; Eastern Shipping v. POEA, 166 SCRA 533 [1988]; Araneta v. Gatmaitan, 101 Phil 328 [1957]; P. v. Maceren, 76 SCRA 450 [1977]; CEBU OXYGEN V. Sec. DRILON, 8/2/89

delegation to the courts- P. v. DACUYCUY, 5/5/89

delegation to local governments- LOCAL GOVERNMENT CODE; RUBI V. PROV. BOARD, 39 PHIL 660; P. v. Vera, 65 Phil 5

SEC. 2.

The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.

SEC. 3.

No person shall be a Senator unless he is a natural-born citizen of the Philippines, and, on the day of the election, is at least thirty-five years of age, able to read and write, a registered voter, and a resident of the Philippines for not less than two years immediately preceding the day of the election.

SEC. 4.

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

No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

Composition, qualification and election of senators

May Congress add drug testing as a qualification? PIMENTEL, JR. vs. COMELEC, G.R. No. 161658, November 3, 2008

May a senator may serve more than two terms? Yes.

SEC. 5.

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

Membership in the house may exceed 250 if Congress decides to create legislative districts. Tobias v. Abalos, 239 SCRA 106 (1994)

Only Congress can create provinces and cities because the creation of provinces and cities necessarily includes the creation of legislative districts, a power only Congress can exercise under Section 5, Article VI of the Constitution and Section 3 of the Ordinance appended to the Constitution. [Sema vs. Commission on Elections, 558 SCRA 700(2008)]

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

RA 7941- party list-law

VETERANS FEDERATION PARTY et al., vs. COMELEC, et al., 342 SCRA 244 [10-6-00]- the provision provides for the ceiling;-RA 7941, providing for requirement of 2% of the total votes cast to qualify for one representative is valid.

5

Page 6: Constitutional Law 1

Who may participate in the party-list election? Ang Bagong Bayani et al., vs. COMELEC, et al., GR 147589, June 26, 2001

BANAT vs. COMELEC, 592 SCRA 294- Clarifying and summarizing the application of 2% vote requirement and the 3-seat cap. under RA 7941.

BELLO v. COMELEC, Dec. 7, 2010- jurisdiction over the qualifications of party list nominee.

New parameters on party list (ATONG PAGLAUM, INC. v. COMELEC, GR No. 203766, 4/3/13, consolidated cases)

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

What is “Gerrymandering?”ALDABA et al., vs. COMELEC, 611 SCRA 137 [2010]

(4) Within three years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section.

This merely directory.

SEC. 6. No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, and, except the party-list representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a period of not less than one year immediately preceding the day of the election.

Qualifications of members of the houseCASES:

Residence requirement means DOMICILE- Animus revertendi- Marcos v. COMELEC, 248 SCRA 300; Intent to acquire new domicile must be coupled with overt acts-Aquino v. COMELEC, 248 SCRA 400Domino v. COMELEC, GR 1344015, July 19, 1999

SEC. 7.

The Members of the House of Representatives shall be elected for a term of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election.

No member of the House of Representatives shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

1. On term limits- not more than three consecutive terms.2. Running for another office is voluntary renunciation-

Dimaporo v. Mitra, 10/15/91

SEC. 8.Unless otherwise provided by law, the regular election of the Senators and the Members of the House of Representatives shall be held on the second Monday of May.

Regular date of election-2nd Monday of May, but may be changed by law

SEC. 9. In case of vacancy in the Senate or in the House of Representatives, a special election may be called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term.

Congress cannot be compelled to hold special elections. (Lozada v. COMELEC, 95 SCRA 337)

SEC. 10. The salaries of Senators and Members of the House of Representatives shall be determined by law. No increase in said compensation shall take effect until after the expiration of the full term of all the Members of the Senate and the House of Representatives approving such increase.

PHILCONSA V. Gimenez, 15 SCRA 479Ligot v. Mathay, 56 SCRA 823

SEC. 11.

A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session. No member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.

People v. JALOSJOS, GR 132875 2/3/00(concurring opinion of J. Gonzaga-Reyes)Osmena v. Pendatun, 109 PHIL 863Jimenez v. Cabangbang, 17 SCRA 876

SEC. 12.

All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors.

1. full disclosure of their financial and business interests.

2. notify the House of a potential conflict of interest arising from the filing of a proposed legislation of which they are authors.

SEC. 13.

No Senator or a Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any office which may have been

6

Page 7: Constitutional Law 1

created or the emoluments thereof increased during the term for which he was elected.

Incompatible and Forbidden officesPNRC, not gov’t owned or controlled-LIBAN v. GORDON, 593 SCRA 68 (2009)

SEC. 14.

No Senator or Member of the House of Representatives may personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies. Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the Government, or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation, or its subsidiary, during his term of office. He shall not intervene in any matter before any office of the Government for his pecuniary benefit or where he may be called upon to act on account of his office.

Inhibitions and Disqualifications- rationale the prohibition does not preclude the appearance of

the law firm of which the legislator is a member

BUT The prohibition cannot be circumvented by indirection- Puyat v. De Guzman, 113 SCRA 31

SEC. 15.

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

Regular and special sessions.

SEC. 16.

(1) The Senate shall elect its President and the House of Representatives its Speaker, by a majority vote of all its respective Members.

Each House shall choose such other officers as it may deem necessary.

No rule for the selection of minority leader; Santiago v. Guingona, 11/18/98

(2) A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as such House may provide.

Quorum.Avelino v. Cuenco, 83 Phil 17; MR 3/14/49

(3) Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the

concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty for suspension, when imposed, shall not exceed sixty days.

Internal RulesArroyo v. De Venecia, 277 SCRA 268Arroyo v. De Venecia , 6/26/98

Need not be published unless required by the rule itself for effectivity-PIMENTEL v. Senate Committee as a Whole, March 8, 2011

DisciplineOsmena v. Pendatun, 109 Phil 863Paredes v. Sandigan, GR 118364, 8/10/95

(4) Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth of the members present, be entered in the Journal.

Each House shall also keep a Record of its proceedings.

JournalsUS v. Pons, 34 Phil 729

Enrolled Bill theoryMabanag v. Lopez Vito, 78 Phil 1CASCO v. Gimenez, 7 SCRA 347Tolentino v. Sec. , 235 SCRA 630PJA V. Prado, 227 SCRA 703Astorga v. Villegas, 56 SCRA 714

(5) Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.

Recess, Adjournments

SEC. 17.

The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members. Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members of the Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be it Chairman.

Electoral Tribunals Angara v. Electoral Commission, 63 Phil 13Tanada v. Cuenco, 100 Phil 1101 Suanes v. Disbursing Officer, 10/26/48Abbas v. SET, 166 SCRA 651Lazatin v. COMELEC, 157 SCRA 337 [1988]Lazatin v. HRET, 168 SCRA 391[1988]

7

Page 8: Constitutional Law 1

Bondoc v. Pineda, 201 SCRA 792Lerias v. HRET, 10/15/91 Sanchez v. COMELEC, 153 SCRA 67 [1987]Chavez v. COMELEC, 7/3/92Arroyo v. HRET, 7/14/95

Even if proclaimed and has assumed office, if the validity of the proclamation is still within the jurisdiction of the COMELEC, the HRET cannot assume jurisdiction. Codilla v. De Venecia, GR No. 150605, 12/10/02

SEC. 18.

There shall be a Commission on Appointments consisting of the President of the Senate, as ex officio Chairman, twelve Senators, and twelve Members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties or organizations registered under the party-list system represented therein. The Chairman of the Commission shall not vote, except in case of a tie. The Commission shall act on all appointments submitted to it within thirty session days of the Congress from their submission. The Commission shall rule by a majority vote of all the Members.

Proportional representationDaza v. Singson, 180 SCRA 496 [1989]Guingona v. Gonzales, 10/20/92 & 3/1/93

SEC. 19.

The Electoral Tribunals and the Commission on Appointments shall be constituted within thirty days after the Senate and the House of Representatives shall have been organized with the election of the President and the Speaker. The Commission on Appointments shall meet only while the Congress is in session, at the call of its Chairman or a majority of all its Members, to discharge such powers and functions as are herein conferred upon it.

Constitution of The Electoral Tribunals and the Commission on Appointments

SEC. 20.

The records and books of accounts of the Congress shall be preserved and be open to the public in accordance with law, and such books shall be audited by the Commission on Audit which shall publish annually an itemized list of amounts paid to and expenses incurred for each Member.

The records and books of accounts of the Congress

SEC. 21.

The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in or affected by such inquiries shall be respected.

Power of contempt inheres in the conduct legislative inquiries; Arnault v. Nazareno, 87 PHIL 29; Senate is a continuing body, and may order the detention of a contumacious witness indefinitely (subject to due process clause). Arnault v. Balagtas, 97 PHIL 358 [1955]

But cannot be exercised if it is not in aid of legislation-where there is no pending legislative agenda. Bengzon v. SENATE Blue Ribbon Committee, 203 SCRA 767

SENATE OF THE PHIL. et al., vs. ERMITA, GR No. G.R. No. 169777, April 20, 2006- constitutionality of EO 464

The rules of procedure must be published by the senate of each congress. NERI V. SENATE COMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS AND INVESTIGATIONS G.R. NO. 180643, MARCH 25, 2008, 549 SCRA 77, 135-136

GUTIERREZ V. THE HOUSE OF COMMITTEE ON JUSTICE,

Prior publication of rules of procedure is essential to validity of the investigation- GARCILLANO vs. THE HOUSE OF REPRESENTATIVES, G.R. No. 170338, December 23, 2008.

Local legislative bodies do not have the inherent power- Negros Oriental II Electric Coop vs. SP, 155 SCRA 421 [1987]

SEC. 22.

The heads of departments may upon their own initiative, with the consent of the President, or upon the request of either House, as the rules of each House shall provide, appear before and be heard by such House on any matter pertaining to their departments. Written questions shall be submitted to the President of the Senate or the Speaker of the House of Representatives at least three days before their scheduled appearance. Interpellations shall not be limited to written questions, but may cover matters related thereto. When the security of the State or the public interest so requires and the President so states in writing, the appearance shall be conducted in executive session.

appearance of the heads of departments

SEC. 23.

(1) The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war.

declaration of the existence of war – 2/3 vote of both Houses in joint session assembled, voting separately

(2) In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof.

Emergency powers coterminous with the existence of emergency (Araneta v. Dinglasan, 84 Phil 369)

8

Page 9: Constitutional Law 1

And may be withdrawn by Congress by mere resolution (Rodriguez v. Gella, 92 Phil. 603

The president may declare a state of emergency but cannot exercise emergency powers without authorization from Congress. (David vs. ARROYO, GR No. 171396 (PP 1017, 1021) National Emergency)

SEC. 24.

All appropriation, revenue or tariff bills, bills authorizing increase of public debt, bills of local application, and private bills shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments.

Meaning of “shall originate exclusively in the House of Representatives”Tolentino v. Sec., 235 SCRA 630Tolentino v. Sec., 249 SCRA 628 (EVAT)

Section 25.

(1) The Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget. The form, content, and manner of preparation of the budget shall be prescribed by law.

(2) No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates.

No riders in an appropriation billGarcia v. Mata, 65 SCRA 517

(3)The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations for other departments or agencies.

(4) A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposed therein.

(5) No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations.

No transfer of funds; possible only if within the department

Demetria v. Alba, 148 SCRA 208

(6) Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by

appropriate vouchers and subject to such guidelines as may be prescribed by law.

(7) If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the general appropriations bill is passed by the Congress.

Section 26. (formal requirements of bills)(1) Every bill passed by the Congress shall

embrace only one subject which shall be expressed in the title thereof.

Title of Bills- Sec. 26 (1)Lidasan v. COMELEC, 21 SCRA 496Tio v. VRB, 151 SCRA 208 [1987]

(2) No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.

Tolentino V. Sec. , 235 SCRA 630

Section 27.

(1) Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he approves the same, he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the Members of that House, it shall become a law. In all such cases, the votes of each House shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. The President shall communicate his veto of any bill to the House where it originated within thirty days after the day of receipt thereof; otherwise, it shall become a law as if he had signed it.

(2) The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.

A. Give the Three(3) ways by which a bill may become a law?

B. Define:Veto, Veto Message

Cases:

9

Page 10: Constitutional Law 1

Bolinao Electronics v. Valencia 11 SCRA 486Gonzales v. Macaraig, 191 SCRA 452Com. Of Internal Revenue V. CTA, 5/14/90PHILCONSA V. Enriquez, 8/19/94

LEGISLATIVE VETO- power of joint congressional oversight committee to approve executive implementing rules, void. ABAKADA GURO PARTY LIST vs. HON. CESAR V. PURISIMA-

Section 28.(1) The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of taxation.

UniformityGarcia v. Exec. Sec, 211 SCRA 219PEPSI v. City of Butuan, 24 SCRA 789Sison, Jr. v. Ancheta 215 Phil. 582 (1984)

Progressive systemTolentino v. Sec. , 10/30/95

(2) The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the Government.

(3) Charitable institutions, churches and parsonages or covenants appurtenant thereto, mosques, non-profit cemeteries, and all lands, buildings, and improvements, actually, directly, and exclusively used for religious, charitable, or educational purposes shall be exempt from taxation.

– exemption from property tax only- Lladoc v. CIR, 14 SCRa 292 ; and there must be proof of actual use. ABRA V. Hernando, 107 SCRA 104

(4) No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of the Congress.

Section 29. (1) No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.

Implicit: Public PurposePascual v. Sec. , 110 PHIL 331

Public funds may be disbursed only by law-Guingona v. Carague, 4/22/91Alba v. Perez, 9/24/87

(2) No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest, preacher, minister, or other religious teacher, or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.

Non sectarian purposesAglipay v. Ruiz, supra

(3) All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the Government.

Meaning of Special Fund Osmena v. Orbos, 3/31/93

Section 30. No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution without its advice and concurrence.

Section 27 of R.A. No. 6770 (Ombudsman Act of 1989), providing appeals in administrative disciplinary cases from the Office of the Ombudsman provides an appeal to the Supreme Court, void. Fabian v. Desierto. G.R No. 129742, September 16, 1998,

Section 31. No law granting a title of royalty or nobility shall be enacted.

Section 32. The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition therefor signed by at least ten per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters thereof.

A. Kinds of INITIATIVES-initiative on national legislations (sec. 32)initiative on local legislations (sec. 32)initiative on constitutional amendments (see Sec. 2 Art. XVII)

B. RA 6735 (Initiative and Referendum Law)

Initiative can cover local “resolutions”Garcia v. Comelec, 237 SCRA 279; SUBIC BAY v. Comelec, 9/26/96

OTHER POWERS OF CONGRESSas Presidential Board of Canvassers (Art. VII, Sec.4)

Power of Confirmation to:- the nominee of the President among members of

Congress in case of vacancy in the office of the Vice President (Art. VII, Sec. 9)

- the nomination of the President requiring confirmation by the Commission on Appointment (Art. VII, Sec. 16, first sentence)

Power to judge fitness of the President (Art. VII, Sec. 11)

Power to revoke or extend suspension of the privilege of the writ of habeas corpus or declaration of Martial law. (Art. VII, Sec. 18)

10

Page 11: Constitutional Law 1

Power to declare existence of war by 2/3 vote, voting separately (Art. VI Sec. 23 (1))

Power of concurrence--by majority vote of all members in presidential amnesties (Art. VII, Sec. 19)-by 2/3 vote by all members of the senate in treaties and international agreements. (Art. VII, Sec. 21.

Power of impeachment (Art. XI, Sec. 2)

Power to propose amendments or revision to the Constitution (Secs. 1 & 2, Art. XVII, Constitution)

ARTICLE VII

Executive DepartmentSection 1. The executive power shall be vested in the President of the Philippines.

Executive powerin general- He is the chief executive and no other- Villena vs. Sec. Of Interior, 67 Phil 451 [1939]; all executive authority is thus vested in him- Planas v. Gil, 67Phil 62

executive power vs. legislative power – KMU et al vs. DIRECTOR, NEDA et al., GR No. 167798, April 19, 2006 – on constitutionality of unified ID system of government agencies under EO 420

Power to reorganize- ANAK MINDANAO PARTY-LIST GROUP vs. THE EXECUTIVE SECRETARY, G.R. No. 166052, August 29, 2007.

Specific and Residual powersMarcos v. Manglapus, 177 SCRA 668 [1989]; Marcos v. Manglapus, 178 SCRA 760 [1989] ; but not in disposition of national assets-Laurel v. Garcia, 187 SCRA 797

Power to declare state of rebellion- SANLAKAS vs. EXECUTIVE SECRETARY, G.R. No. 159085, February 3, 2004

Head of State Immuned from suit during their tenure-In re:

Bermudez, 145 SCRA 160 (1986); BUT may waive it-Soliven v. Makasiar, 167 SCRA 393 [1988], BUT a suit against the subordinates of the President to question the acts of the latter does not violate presidential immunity. (GLORIA vs. CA, 338 SCRA 5)

EXECUTIVE PRIVILEGE vs. legislative inquiry (EO 464) SENATE et al., vs. ERMITA, GR No. G.R. No. 169777, April 20, 2006. In diplomatic exchanges -AKBAYAN et al., vs. Thomas Aquino, GR 170516, 7/16/08

Power to negotiate for peace-THE PROVINCE OF NORTH COTABATO vs. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE PANEL ON ANCESTRAL DOMAIN (GRP), G.R. No. 183591, October 14, 2008.

Section 2.No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on the day of the election, and a resident of the Philippines for at least ten years immediately preceding such election.

Section 3.There shall be a Vice-President who shall have the

same qualifications and term of office and be elected with and in the same manner as the President. He may be removed from office in the same manner as the President.

The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no confirmation.

Qualifications, term and manner of election of the President and Vice President. The Vice President may or may not be appointed as a member of the cabinet.

TECSON vs. COMELEC, G.R. No. 161434, March 3, 2004 & other cases.

Section 4.The President and the Vice-President shall be elected

by direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of June following the day of the election and shall end at noon of the same date six years thereafter. The President shall not be eligible for any reelection. No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time. No Vice-President shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected.

Unless otherwise provided by law, the regular election for President and Vice-President shall be held on the second Monday of May.

The returns of every election for President and Vice-President, duly certified by the board of canvassers of each province or city, shall be transmitted to the Congress, directed to the President of the Senate. Upon receipt of the certificates of canvass, the President of the Senate shall, not later than thirty days after the day of the election, open all certificates in the presence of the Senate and the House of Representatives in joint public session, and the Congress, upon determination of the authenticity and due execution thereof in the manner provided by law, canvass the votes.

The person having the highest number of votes shall be proclaimed elected, but in case two or more shall have an equal and highest number of votes, one of them shall forthwith be chosen by the vote of a majority of all the Members of the Congress, voting separately.

11

Page 12: Constitutional Law 1

The Congress shall promulgate its rules for the canvassing of the certificates.

The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election, returns, and qualifications of the President or Vice- President, and may promulgate its rules for the purpose.

The President is entitled to only one term. Any person who succeeds the presidency and served more than FOUR years can no longer run for the presidency.

In case of tie, the tie shall be broken by a vote of MAJORITY OF ALL members of Congress voting SEPARATELY.

Congress acts as board of canvassers; cannot be usurped by Comelec by conducting a quickcount- BRILLANTES, JR. vs. COMELEC, G.R. No. 163193, June 15, 2004.

Supreme Court as the Presidential Electoral Tribunal- constitutional? (MACALINTAL vs. PET, 635 SCRA 783[2010])

Section 5. Before they enter on the execution of their office, the President, the Vice-President, or the Acting President shall take the following oath or affirmation :

"I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as President (or Vice-President or Acting President) of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man, and consecrate myself to the service of the Nation. So help me God." (In case of affirmation, last sentence will be omitted.)

The oath is not a source of power, but a solemn oath of the President’s (VP’s) to emphasize the extent of his responsibility.

Section 6. The President shall have an official residence. The salaries of the President and Vice-President shall be determined by law and shall not be decreased during their tenure. No increase in said compensation shall take effect until after the expiration of the term of the incumbent during which such increase was approved. They shall not receive during their tenure any other emolument from the Government or any other source.

The prohibition is against decrease in salaries DURING THE TENURE. What about increase? It is allowed, but to take effect after the expiration of the term of the incumbent when the increase was approved (by Congress of course!). There is likewise prohibition against receiving other emolument from the Government OR ANY OTHER SOURCE.

Section 7. The President-elect and the Vice-President-

elect shall assume office at the beginning of their terms.

If the President-elect fails to qualify, the Vice-President-elect shall act as President until the President-elect shall have qualified.

If a President shall not have been chosen, the Vice-President-elect shall act as President until a President shall have been chosen and qualified.

If at the beginning of the term of the President, the President-elect shall have died or have become permanently disabled, the Vice-President-elect shall become President.

Where no President and Vice-President shall have been chosen or shall have qualified, or where both shall have died or become permanently disabled, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives shall act as President until a President or a Vice-President shall have been chosen and qualified.

The Congress shall 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 qualified, in case of death, permanent disability, or inability of the officials mentioned in the next preceding paragraph.

Vacancy occurring at the start of the term of the President.

Section 8. In case of death, permanent disability, removal from office, or resignation of the President, the Vice-President shall become the President to serve the unexpired term. In case of death, permanent disability, removal from office, or resignation of both the President and Vice-President, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall then act as President until the President or Vice-President shall have been elected and qualified.

The Congress shall, by law, provide who shall serve as President in case of death, permanent disability, or resignation of the Acting President. He shall serve until the President or the Vice-President shall have been elected and qualified, and be subject to the same restrictions of powers and disqualifications as the Acting President.

Vacancy occuring during the term,In case of death, permanent disability, removal or

resignation of the President, the Vice President BECOMES the President.

ESTRADA vs. GMA, GR 146710-15 March 2, 2001 (on resignation)

Vacancy in BOTH the office of Pres. & VP on the foregoing grounds

Senate President (in case of his inability, the House Speaker) ACTS as President until the President or VP shall have been elected and qualified. Congress shall pass a law designating who shall act as president in case of death, permanent disability, removal or resignation of the acting president.

Section 9. Whenever there is a vacancy in the Office of the Vice-President during the term for which he was elected, the President shall nominate a Vice-President from among the Members of the Senate and the House of Representatives who shall assume office upon confirmation of a majority vote of all

12

Page 13: Constitutional Law 1

the Members of both Houses of the Congress, voting separately.

In case the vacancy is in the office of the Vice President ALONE, it may be filled up by the President by nominating a member of Congress who shall be confirmed by MAJORITY VOTE of ALL members of Congress, both houses voting separately.

Section 10. The Congress shall, at ten o'clock in the morning of the third day after the vacancy in the offices of the President and Vice-President occurs, convene in accordance with its rules without need of a call and within seven days enact a law calling for a special election to elect a President and a Vice-President to be held not earlier than forty-five days nor later than sixty days from the time of such call. The bill calling such special election shall be deemed certified under paragraph 2, Section 26, Article VI of this Constitution and shall become law upon its approval on third reading by the Congress. Appropriations for the special elections shall be charged against any current appropriations and shall be exempt from the requirements of paragraph 4, Section 25, Article VI of this Constitution. The convening of the Congress cannot be suspended nor the special election postponed. No special election shall be called if the vacancy occurs within eighteen months before the date of the next presidential election.

Vacancy in both office of the Pres. And VP (Sec. 10) Congress shall enact a law calling for special election. No special election if vacancy is within 18 months of coming presidential election.

Section 11. Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice-President as Acting President.

Whenever a majority of all the Members of the Cabinet transmit to the President of the Senate and to the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice-President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President of the Senate and to the Speaker of the House of Representatives his written declaration that no inability exists, he shall reassume the powers and duties of his office. Meanwhile, should a majority of all the Members of the Cabinet transmit within five days to the President of the Senate and to the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Congress shall decide the issue. For that purpose, the Congress shall convene, if it is not in session, within forty-eight hours, in accordance with its rules and without need of call.

If the Congress, within ten days after receipt of the last written declaration, or, if not in session, within twelve days after it is required to assemble, determines by a two-thirds vote of both

Houses, voting separately, that the President is unable to discharge the powers and duties of his office, the Vice-President shall act as the President; otherwise, the President shall continue exercising the powers and duties of his office.

Section 12. In case of serious illness of the President, the public shall be informed of the state of his health. The Members of the Cabinet in charge of national security and foreign relations and the Chief of Staff of the Armed Forces of the Philippines, shall not be denied access to the President during such illness.

In case of Presidential disability under Sec. 11 & 12, when there is a written declaration (transmitted to Senate Pres./House speaker) by the President of his inability to discharge his powers, VP acts as President. In a written declaration (transmitted to Senate Pres./house speaker) by majority of the cabinet, VP acts as President.

But if the President makes a written declaration that no inability exists, he reassumes his powers;

BUT in case, majority of the cabinet transmit within 5 days to Senate Pres./House Speaker that the President is unable to discharge the powers and duties of the office, CONGRESS shall decide the issue by 2/3 vote of both houses voting separately.

Section 13. The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the Government or any subdivision, agency, or instrumentality thereof, include ng government-owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office.The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not during his tenure be appointed as members of the Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including government-owned or controlled corporations and their subsidiaries.

President/VP/Cabinet Members/deputies & assistants during tenure, cannot hold ANY OTHER OFFICE OR

EMPLOYMENT (except as may be provided by the Constitution)

CIVIL LIBERTIES UNION V. EXEC. SECRETARY, 194 SCRA 317(declaring E.O. 284 as unconstitutional)

(See Sec. 7 par. (2), Art. IX-B of the Constitution)

Section 14. Appointments extended by an Acting President shall remain effective, unless revoked by the elected President within ninety days from his assumption or reassumption of office.

13

Page 14: Constitutional Law 1

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

Section 16. The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive department, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint. The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards.The President shall have the power to make appointments during the recess of the Congress, whether voluntary or involuntary, but such appointments shall be effective only until after disapproval by the Commission on Appointments or until the next adjournment of the Congress.

APPOINTING POWER Sec. 14-An ACTING President may make

appointments, but may be revoked by the President-elect within 90 days from assumption or re-assumption of office.

Sec. 15- TWO MONTHS before presidential elections, the President cannot exercise the power to appoint EXCEPT temporary appointments to executive positions when public service or safety demands it.

The requirement that vacancy in the judiciary must be filled up within 90 days pursuant to Sec. 4 and 9 of Article VIII yields to the present provision. Section 15 is directed against two(2) types of appointments: 1) those made for buying votes; 2) those made for partisan considerations. In re: Hon. Mateo A. Valenzuela and Hon. Placido B. Villarta, 298 SCRA 408.

Nature- essentially executive (Govt. V. Springer, 50 Phil259), BUT the constitution allows the legislative, judiciary, including the constitutional commissions to exercise the power over their respective personnel.

Congress cannot usurp the power. (Manalang v. Quitoriano, 94 Phil 903 [1954])

power to appoint includes the power to choose only among those who possess the qualifications provided by law (Oliveros-Torre v. Bayot, 58 SCRA 274 [1974])

SCOPE- Sec. 16President is authorized to appoint

1) Heads of executive depts.

Head of a bureau not subject to confirmation by CA (Sarmiento v. Mison, 156 SCRA 549

2) Ambassadors, other public ministers and consuls3) Officers of the AFP from rank of colonel or naval captain4) Officers whose appointment is vested in the President in

the Constitution. Deles v. CA, 9/4/895) all other officers of the government whose appointment

is not provided by law. Bautista v. CA, 4/13/89; Nieve v. CFI, 54 SCRA 165 [1973])

6) those whom he may be authorized by law to appoint7) The Constitution allows Congress, by law, to vest

appointment of "officers lower in rank"-in the President alone, courts, heads of depts., agencies, commissions or boards. RUFINO et al., v. ENDRIGA et al., 7/21/06

NOTES: First sentence of Sec. 16 requires the confirmation of

the Commission on Appointments ad interim from regular Is ad interim appointment a temporary appointment?

No, it’s permanent.. Read: MATIBAG vs. BENIPAYO et al., [G.R. No. 149036. April 2, 2002])

The requirement of recommendation by subordinate officer does not diminish the power of the President, he may not be bound by such requirement- Bermudez v. Torres, 311 SCRA 733, 741

Permanent vs. Temporary APPOINTMENT Acting capacity appointment even if Congress is in

session valid- PIMENTEL, JR., et al. vs. EXEC. SECRETARY, G.R. No. 164978, October 13, 2005.

appointment vs. designation (Binamira v. Garrucho, 188 SCRA 154)

Removal power (implied in the power to appoint) for cabinet members and other officials serving at the

pleasure of the president, there is no removal but expiration of their term

with respect to other officials, removal must be in accordance with the Constitution, law

Larin vs. Executive Secretary 280 SCRA 713.- a presidential appointee who belongs to the career service of the Civil Service, comes under the direct disciplining authority of the President.

Section 17. The President shall control of all the executive departments, bureaus and offices. He shall ensure that the laws be faithfully executed.

CONTROL POWER-" the power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgement of the former for that of the latter."(Mondano v. Silvosa, 97 Phil 143 [1955] )

the power merely applies to the exercise of control over the acts of the subordinate and not over the actor or agent himself of the act. Disciplinary power flows from the power of appointment not from power of control (Ang-angco v. Castillo, 9 SCRA 619 [1963])

“control" and "supervision"- distinguished (Drilon v. Lim, 235 SCRA 135

14

Page 15: Constitutional Law 1

even if it was the department secretary who was authorized by law, the President may directly exercise the authority. Araneta v. Gatmaitan, 101 Phil 328

"Control" over officers of govt. Owned or controlled corporation-by statute (Namarco v. Arca, 29 SCRA 648 [1969])

Qualified Political Agency- defined (Villena v. Sec.,67 Phil 451)

The executive secretary acting "by authority" of the President, may reverse a decision of another department secretary (Lacson-Magallanes v. Pano, 21 SCRA 895 [1967. OR he may even reverse or modify the construction of a statute given by the secretary of justice. (Maceda v. Macaraig, Jr. 197 SCRA 771[1991]; Even an ASST. EXECUTIVE SECRETARY acting for the President, may reverse the decision of the Secretary of Agriculture and Resources (Roque v. Director of Lands, 7/1/76)-

Under this doctrine, a director of the NBI cannot ignore or defy the order of the Department of Justice, (De Leon v. Carpio, 10/12/89). Neither can a fiscal add to the number of accused directed by the Secretary of Justice to be prosecuted. Noblejas v. Salas, 67 SCRA 47;A fiscal is duty bound to withdraw an information when ordered to do so under PD 916; Jacob v. Pano, 131 SCRA 144

FAITHFUL EXECUTION CLAUSEExercise of executive power as distinguished from exercise of legislative power – KMU et al vs. DIRECTOR, NEDA et al., GR No. 167798, April 19, 2006 – on constitutionality of unified ID system under EO 420

How does it reconcile with “executive impoundment.”(PHILCONSA vs. Enriquez, 235 SCRA 506)

Section 18. The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without any need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or the legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ.

The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with the invasion.

During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.

Military Power- COMMANDER IN CHIEF

Significance power - to create court martials to discipline members of the military and military commissions to try war criminals and other offenders. In Aquino v. Military Commission No. 2, 63 SCRA 546, the Supreme Court upheld the power of the President to create military commission to try civilians even if the civil courts are open; BUT the same was reversed in Olaguer v. Military Commission No. 34, 150 SCRA 144, following the "OPEN COURT THEORY"

a soldier may be restrained by a superior officer from speaking out on certain matters.Kapunan, Jr. v. De Villa, 168 SCRA 264 [1988];

a military officer cannot disobey his superior and commander in chief and testify before a legislative inquiry- GUDANI v. SENGA, 8/15/06

CALLING OUT POWER - to prevent or suppress lawless violence, invasion or rebellion- (most benign compared to suspension of the privilege and martial law)

May this power subject to judicial review? IBP vs. Zamora, 338 SCRA 81

Sanlakas v. Executive Secretary, G.R. No. 159085, February 3, 2004, 421 SCRA 656, wherein this Court sustained President Arroyo's declaration of a "state of rebellion" pursuant to her calling-out power. BUT a proclamation of “state of emergency”does not grant additional power to the President. DAVID vs. ARROYO, GR No. 171396 (PP 1017, 1021) National Emergency

SUSPENSION OF THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS

Meaning-extent Writ of habeas corpus distinguished from WRIT OF

AMPARO and WRIT OF HABEAS DATA

15

Page 16: Constitutional Law 1

Is the Suspension of the Privilege of the Writ of Habeas Corpus and Declaration of Martial law POLITICAL QUESTION? Sec. 18 has modified the ruling in Montenegro v. Castaneda, 91 PHIL 882; Barcelon v. Baker, 5 Phil 87 ; Lansang v. Garcia, 42 SCRA 448 ; Garcia Padilla v. Enrile, 121 SCRA 472

MARTIAL LAW- read: Aquino v. Enrile, 59 SCRA 183

Limitations on the military power: SECTION 18

Section 19. Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutations and pardons, and remit fines and forfeitures, after conviction by final judgment.He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the Congress.

Clemency powers: Pardon/ AmnestyPardon, Commutation, Reprieve defined.

A. Limitations on pardon cannot be granted in case of impeachment; violation of election law, rule or regulation shall be

with recommendation of COMELEC, after final conviction-

The scope of pardoning power of the President extends even to administrative cases. (Llamas v. Orbos, 10/15/91)

B. Kinds of Pardon:a. conditional or absolute

mere commission, not necessarily conviction, of an offense, a violation of the condition (Torres v. Gonzales, 152 SCRA 272 [1987]; Espuelas v. Prov. Warden, 108 PHIL 353;

The determination of the violation of the conditional pardon rests exclusively in the sound judgment of the Chief Executive. In re: Wilfredo Sumulong Torres, 251 SCRA 709. SAME RULING FINDS APPLICATION IN CASE OF PAROLE (Tesoro v. Director of Prisons, 68 PHIL 154 [1939];

b. partial or plenary

A. Effects of Pardon-

Restores political and civil rights (Pelobello v. Palatino, 72 PHIL 44;

But not to reinstatement to public office, although

the pardonee may re-apply for said position (Monsanto v. Factoran 170 SCRA 190);

but if actually reinstated & no circumstances would warrant diminution of rank, justice and equity dictated that he be given his former rank of principal (Sabello v. DECS, 12/26/89);

and if the pardon was based on the innocence of the pardonee, the pardon extended on the administrative penalty entitles him reinstatement

with back wages (Garcia v. COA, 9/14/93) ;remits fines and forfeitures inuring to the government, but not civil liability to private persons.

No pardon when case pending appeal; appeal must be withdrawn. (People v. Salle, 12/4/95,

F. Distinctions of Parole and Pardon parole involves release from imprisonment but

not restoration of liberty; in parole, the parolee is still in the custody of the law

Amnesty- granted by the President with concurrence of Congress AND admission of guilt is now required (Vera v. People 7 SCRA 152)

Distinction between amnesty and pardon-

Section 20. The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior concurrence of the Monetary Board, and subject to such limitations as may be provided by law. The Monetary Board shall, within thirty days from the end of every quarter of the calendar year, submit to the Congress a complete report of its decisions on applications for loans to be contracted or guaranteed by the Government or government-owned and controlled corporations which would have the effect of increasing the foreign debt, and containing other matters as may be provided by law.

CONSTANTINO, JR. vs. HON. JOSE B. CUISIA G.R. No. 106064, October 13, 2005- the power to contract loan may be delegated to a cabinet secretary under the doctrine of qualified political agency.

Section 21. No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate.

On the validity of the VFA applying Section 21 of Art. VII in relation to Sec.25, Art. XVIII. ( BAYAN vs. ZAMORA, G.R. No. 138570. October 10, 2000)

Section 22. The President shall submit to the Congress within thirty days from the opening of the regular session, as the basis of the general appropriations bill, a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures.

Section 23. The President shall address the Congress at the opening of its regular session. He may also appear before it at any other time.

ARTICLE VIII

Judicial Department

Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.

16

Page 17: Constitutional Law 1

Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.

What is Judicial Power? Vested in the judiciary “not merely some specified or limited judicial power, but the entirety or "all" of said power, except, only, so much as the Constitution confers upon some other agency.” Lopez v. Roxas, 17 SCRA 756,761 [1966].

BUT the power cannot be exercised where there is no law authorizing its exercise.

Channie Tan vs. Republic, 107 Phil., 632, April 18, 1960, in which this Court ruled that an action for judicial declaration of citizenship was held not to be a justiciable controversy, because there is no legislation authorizing the institution of such proceeding.

Or to reverse the award of board of judges in an oratorical contest (Felipe v. Leuterio, 91 Phil 482 [1952]);

Or invalidate the “ranking of honor students”. Santiago v. Bautista, 32 SCRA 188 [1970].

Justiciable questionsSanidad v. COMELEC, 73 SCRA 333Bondoc v. HRET 9/26/91

Meaning of Political questionsDe Llana v. COMELEC, 92 SCRA 30Arnault v. Balagtas, 97 Phil 358PBA VS. COMELEC, 10/20/85De Castro v. COMMITTEE, 9/10/85

Expanded power of the judiciary-Sec. 1 Art. VIII- Marcos v. Manglapus, 177 SCRA 668 [1989] ; Daza v. Singson, 180 SCRA 496 [1989]; Garcia v. BOI, 11/9/90

POWER OF JUDICIAL REVIEW

1. POWER OF JUDICIAL REVIEW(judicial inquiry)-meaning? Marbury vs. Madison, 1 Cranch 137 (1803)

2. What is "judicial supremacy"? Angara v. Electoral Commission, 63 Phil 13

3. Art. VIII, Sec. 1, Constitution; see also Art. VIII, Sec. 4(2); Implicit under Sec. 5(2), Art. VIII, lower courts may exercise the power of judicial review (YNOT v. IAC, 148 SCRA 659

4. Functions of Judicial Reviewa. Checkingb. Legitimatingc. Symbolic (SALONGA v. PANO, 134 SCRA

438)

5. Requisites for its exercise? Dumlao v. Comelec, 95 SCRA 392)

a. Actual case or controversy ripe for adjudicationb. Question of Constitutionality must be raised by

the proper partyc. Constitutional question must be raised at the

earliest opportunityd. The decision of the constitutional question must

be necessary to the determination of the case itself

6. ACTUAL CASE OR CONTROVERSY

a. TOLENTINO V. SEC. OF FINANCE, 8/25/94 b. Where the question is premised on the

possibility that if Makati is given a new corporate existence, the terms of local officials would start all over again and they may run again, there is no actual controversy to speak of (Mariano v. Comelec, 242 SCRA 211)

c. It is not ripe for judicial review if Comelec has not taken any action to enforce Resolution No. 2722 which prohibited newspapers from publishing accounts or comment which manifestly favor oppose any candidate or political party of unduly or repeatedly referring to or including the publication any candidate or political party. (PPI v. Comelec, 244 SCRA 272)

d. Only when congress fails to comply with the

directive of the Constitution on proportional representation of political parties can the party-list representatives seek recourse to the Supreme Court under its power of judicial review. Pimentel v. HRET, GR No. 14189, 11/29/02

Mootness; but capable of repeating yet evading review (David vs. ARROYO, GR No. 171396 (PP 1017, 1021) National Emergency)

5. PROPER PARTY - Standing a. DAVID vs. ARROYO, GR No. 171396 (PP 1017,

1021) National Emergency; b. Joya v. PCGG, 8/24/93; KILOSBAYAN V.

Guingona, Jr., 5/5/94 IBP vs. Zamora, 338 SCRA 81

c. Citizenship satisfies the requirement of standing in the enforcement of public right (Chavez v. PCGG, GR 130716 12/9/98 citing Legaspi v. CSC)

d. But if no constitutional issue is involved and the petitioners are not parties to the contract, they have no standing to bring the petition. (Kilosbayan, Inc. v. Morato, 246 SCRA 540)

e. Taxpayer’s suits-Pascual vs. Secretary, supra

Information Tech. Foundation of the Phil., et al., vs. COMELEC et al., GR No. 159139, Jan. 13, 2004

17

Page 18: Constitutional Law 1

cannot be invoked if the act complained of does not involve illegal disbursement of public funds. (Anti-Graft League of the Phil. Inc. v. San Juan, 260 SCRA 250);

It must involve the spending power of Congress - GONZALES vs. NARVASA, 337 SCRA 733

Taxpayers may file an action questioning the contracts entered into by the government on the ground that they contract is in contravention of the law. (Tatad v. Garcia, 243 SCRA 436)

“A taxpayer must claim that first, public funds are illegally disbursed, second or that money is being deflected to any improper purpose, or third that there is a wastage of public funds through the enforcement of an invalid or unconstitutional law.” FRANCISCO vs. HOUSE OF REPRESENTATIVES, GR 160261, Nov. 10, 2003.

f. May a taxpayer suit prosper other than to question the disbursement of public funds? YES. When the suit is intended to compel a government agency to comply with constitutional duties: 1) the right of citizens to information on matters of public concern; 2) to prevent PEA (govt. agency) from alienating lands of the public domain in violation of the constitution. Chavez vs. PEA, AMARI, 170 SCAD 323, 7/9/02

g. EXCEPTIONS to the locus standi requirement- CASES of TRASCENDENTTAL IMPORTANCE

Issues involved (deregulation of the downstream oil industry) are of transcendental significance to the people, the petition may be taken cognizance. Tatad v. Sec. Of Dept. Of Energy, 11/5/97)

(SolGen v. MDA, 12/11/91)

5. Raising the constitutional issue at the EARLIEST OPPORTUNITY.-- “Earliest opportunity” means raising the constitutional issue at the time the petition is filed before the competent body. (Matibag v. Benipayo, 380 SCRA 49) or at the trial court.

6. EFFECTS OF DECLARATION OF UNCONSTITUTIONALITY1. Orthodox view- Springer v. Govt. Of the Phil, 297 US 189

2. Modern View- Manila Motors Co. V. Flores, 99 Phil 738

Partial Unconstitutionality- A partial unconstitutionality of a law may still salvage the rest if the legislature is willing to retain the valid part as such legislative intent is usually shown by existence of a separability clause in the law. Or the valid portions can stand independently. (Bar Flunkers bill, In re Cunanan, 94 Phil 534; Flores v. Comelec, 184 SCRA 484)

Section 2. The Congress shall have the power to define, prescribe, and apportion the jurisdiction of various courts but

may not deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof.

No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its Members.

Jurisdiction Distinguished from Judicial powerMantruste systems , Inc. v. CA, 179 SCRA [1989] ; Malaga v. Penachos, Jr. , 9/3/92

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

What is the meaning of Fiscal Autonomy? Bengzon v. Drilon, 208 SCRA 133

Section 4. (1) The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or, in its discretion, in divisions of three, five, or seven Members. Any vacancy shall be filled within ninety days from the occurrence thereof.

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

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

-composition? -cases decided En Banc?-vote required?

A motion for reconsideration is a matter to be resolved, the resolution thereof is not a decision that should be brought before the SC en banc. FORTICH vs. Corona, GR 131457, Aug. 19, 1999

Section 5. The Supreme Court shall have the following powers:

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

18

Page 19: Constitutional Law 1

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

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

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

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

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

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

judicial powers of SC? original jurisdiction? appellate jurisdiction?

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

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

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

What are the non-judicial powers of the Supreme Court?1. CHANGE OF VENUE

People v. Gutierrez, 36 SCRA 172

2. RULE MAKING POWER Echegaray v. Sec. Of Justice, 301 SCRA 96 (1999)

on MR.

Intermediate review of Death Penalty cases- may be provided by the Supreme Court- PEOPLE vs. MATEO, GR 147678-87, July 7, 2004

Writ of Amparo – Sec. of National Defense vs. MANALO, G.R. No. 180906, October 7, 2008

Writ of Habeas Data,

Section 60 of the CARP law provides appeal from decision of the Special Agrarian Court by petition for review. Is this an encroachment by congress on the rule-making power of the Supreme Court ? NO. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court. The Supreme Court has not issued yet provided for particular process governing Special Agrarian Courts. Land Bank v. De Leon, GR No. 143275, 9/10/02 3. ADMISSION TO BAR

In re Cunanan, 94 Phil 534 [1954]

4. BAR INTEGRATIONIN RE : ATTY. EDILLON, 84 SCRA 554

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

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

Administrative supervision over judges and court personnel is the sole authority of the SC; ombudsman has no power to investigate. (SC power of supervision and Independence of the Judiciary-Sanz Maceda v. Vasquez, 221 SCRA 464; Carriedo v. Ombudsman, 12/24/96

Section 7.(1) No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is a natural-born citizen of the Philippines. A Member of the Supreme Court must be at least forty years of age and, must have been for fifteen years or more a judge of a lower court or engaged in the practice of law in the Philippines.

(2) The Congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine Bar.

(3) A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence.

Qualifications of a justice of the Supreme Court? What about a judge under the law?

Section 8.

(1)A Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a representative of the Congress as ex officio Members, a representative of the Integrated Bar, a professor of law, a retired Member of the Supreme Court, and a representative of the private sector.

(2) The regular Members of the Council shall be appointed by the President for a term of four years with the consent of the Commission on Appointments. Of the Members first appointed, the representative of the Integrated Bar shall serve for four years, the professor of law for three years, the retired Justice for two years, and the representative of the private sector for one year.

19

Page 20: Constitutional Law 1

(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a record of its proceedings.

(4) The regular Members of the Council shall receive such emoluments as may be determined by the Supreme Court. The Supreme Court shall provide in its annual budget the appropriations for the Council.

(5) The Council shall have the principal function of recommending appointees to the Judiciary. It may exercise such other functions and duties as the Supreme Court may assign to it.

Section 9. The Members of the Supreme Court and judges of lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation.

For the lower courts, the President shall issue the appointments within ninety days from the submission of the list.

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

Are the salaries of justices and judges exempt from tax? Nitafan v. CIR, 152 SCRA 284

Section 11. The Members of the Supreme Court and judges of lower courts shall hold office during good behavior until they reached the age of seventy years or become incapacitated to discharge the duties of their office. The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.

Security of TenureDe Llana v. Alba, 82 SCRA 30 [1982]

But see, 2nd par of Sec. 2

Disciplinary powerOnly when the penalty is dismissal that the court must decide en banc. (People v. Gacott, 246 SCRA 52)

Section 12. The Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions.

Garcia v. Macaraig, supra

A judge should not accept the designation as member of a committee performing administrative functions. (In re Judge Manzano, 166 SCRA 246 [1988]

Section 13. The conclusions of the Supreme Court in any case submitted to it for decision en banc or in division shall be reached in consultation before the case is assigned to a Member for the writing of the opinion of the Court. A certification to this effect signed by the Chief Justice shall be issued and a copy thereof attached to the record of the case

and served upon the parties. Any Member who took no part, or dissented, or abstained from a decision or resolution must state the reason therefor. The same requirements shall be observed by all lower collegiate courts.

The absence of certification does not invalidate the decision. (Consing v. CA., 8/29/89)

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

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

SOME REASONS FOR THE REQUIREMENT:1. assure the parties that the

judge studied the case;2. to give the losing party

opportunity to analyze the decision and possibly appeal or, alternatively, convince the losing party to accept the decision in good grace;

3. to enrich the body of the case law, especially if the decision is from the Supreme Court. (Francisco v. Permskul, 5/12/89)

Decisions of the CourtTalabon v. Warden, 44 OG 4326Bernabe v. Geraldez, 51 SCRA 369Air France v. Carrascoso, 18 SCA 155 [1956]

No compliance VELARDE vs. SOCIAL JUSTICE SOCIETY, G.R.

No. 159357, April 28, 2004

no findings of facts and simply contained the conclusion that the prosecution had established the guilt of the accused beyond reasonable doubt and the prosecution witnesses are more credible, the decision is defective. (People v. Viernes, 262 SCRA 641)

The decision is defective if after summarizing the testimonies of the complainant and the accused and then ruled that the story of the complainant is more credible as it did not contain an evaluation of the evidence and a discussion of the legal questions involved. It did not explain why the testimony of the complainant was credible. People v. Bugarin, 273 SCRA 384

People vs. FERRER, 406 SCRA 658 [July 2003]

Sufficient complianceThe decision (one for conviction for murder) is valid even if the discussion of the evidence was made without citing any jurisprudence as it is implicit in the discussion of the evidence that the discussion is made within the context of the law. (People v. Macoy, 275 SCRA 1)

Minute resolutions Mendoza v. CFI, 65 SCRA 96

20

Page 21: Constitutional Law 1

Minute resolutions need not be signed nor do they require certification of the Chief Justice. (Borromeo v. CA, 186 SCRA 1)

Prudential Bank v. Castro 158 SCRA 646 When the Court of Appeals issued a resolution

refusing to give due course to a petition for review from a decision of the Securities and Exchange Commission, in effect it adopted the factual findings of the Securities and Exchange Commission and thus complied with the constitutional requirement. (JRB Realty, Inc. vs. CA, 271 SCRA 229)

REQUIREMENT DOES NOT APPLY TO: Comelec- Ruiz v. Comelec, 3/11/93; or Military Commission- Buscayno v. Enrile, 102 SCRA 7; or to Civil Service Commission- Dadubo v. CSC, 223 SCRA 747

Section 15. (1) All cases or matters filed after the effectivity of this Constitution must be decided or resolved within twenty-four months from date of submission for the Supreme Court, and, unless reduced by the Supreme Court, twelve months for all lower collegiate courts, and three months for all other lower courts.

Periods of DecisionsMarcelino v. Cruz, 121 SCRA 51Transitory provisions - Sec. 12, 13, 14

(2) A case or matter shall be deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the Rules of Court or by the court itself.

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

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

Section 16. The Supreme Court shall, within thirty days from the opening of each regular session of the Congress, submit to the President and the Congress an annual report on the operations and activities of the Judiciary

CONSTITUTIONAL COMMISSIONSARTICLE IX

A. Common Provisions

Section 1. The Constitutional Commissions, which shall be independent, are the Civil Service Commission, the Commission on Elections, and the Commission on Audit.

Section 2. No Member of a Constitutional Commission shall, during his tenure, hold any other office or employment. Neither

shall he engage in the practice of any profession or in the active management or control of any business which in any way be affected by the functions of his office, nor shall he be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the Government, any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporation or their subsidiaries.

Section 3. The salary of the Chairman and the Commissioners shall be fixed by law and shall not be decreased during their tenure.

Section 4. The Constitutional Commissions shall appoint their officials and employees in accordance with law.

Section 5. The Commission shall enjoy fiscal autonomy. Their approved annual appropriations shall be automatically and regularly released.

Section 6. Each Commission en banc may promulgate its own rules concerning pleadings and practice before it or before any of its offices. Such rules, however, shall not diminish, increase, or modify substantive rights.

Section 7. Each Commission shall decide by a majority vote of all its Members any case or matter brought before it within sixty days from the date of its submission for decision or resolution. A case or matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the rules of the Commission or by the Commission itself. Unless otherwise provided by this Constitution or by law, any decision, order, or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from receipt of a copy thereof.

Decisions Under the phrase: “unless otherwise provided by this

Constitution or law,” the Supreme Court promulgated SC Revised Circular No. 1-91 providing decisions of CSC reviewable by the CA via Petition for Review under Rule 43.

EN BANC, Majority of ALL members; not only those voting and participating - Estrella v. Comelec, 429 SCRA 789 (2004)

Decision of the COMELEC may be elevated to the SC under Rule 64 or 65. Macabago v. Comelec, GR No. 152163, 11/18/02

Section 8. Each Commission shall perform such other functions as may be provided by law.

B. The Civil Service CommissionSection 1. (1) The Civil Service shall be administered

by the Civil Service Commission composed of a Chairman and two Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, with proven capacity for public administration, and must not have been candidates for any elective position in the elections immediately preceding their appointment.

21

Page 22: Constitutional Law 1

(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, the Chairman shall hold office for seven years, a Commissioner for five years, and another Commissioner for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any member be appointed or designated in a temporary or acting capacity.

Section 2. (1) The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters.

(2) Appointments in the civil service shall be made only according to merit and fitness to be determined, as far as practicable, and, except to positions which are policy-determining, primarily confidential, or highly technical, by competitive examination.

ScopeIncluding GOCCs with original charters

Appointments to civil service- only according to merit and fitness thru competitive examinations

EXCEPT: policy-determining, primarily confidential, or highly technical

Non competitive positions-1). policy determining- duty to formulate method of action for the govt or any of its subdivisions.

2). Primarily confidential- denotes not only confidence in the aptitude of the appointee for the duties of the office but primarily close intimacy which insures freedom of intercourse without embarrassment or freedom from misgivings or betrayals of personal trust on confidential matters of state.

Delos Santos v. Mallare, 87 Phil 287 [1950]Salazar v. Mathay, 9/30/76Borres v. CA, 153 SCRA 120 [1987]Laurel v. CSC, 10/28/91Cadiente v. Santos, 142 SCRA 280 [1986]

“proximity rule”-Withal, where the position occupied is remote from that of the appointing authority, the element of trust between them is no longer predominant. Grino v. CSC, 194 SCRA 548 (1991)

When may a position considered “primarily confidential”-when declared –(asst. secretary to the mayor (not primarily confidential) Samson v. CA., 145 SCRA 654 [1986]

3). Highly technical- "to possess a technical skill or training in the supreme or superior degree

PD 807 classify positions- tenure purposesCareer or Non Career

Appointing authority bound by statutory "next-in-rank-rule"-Santiago v. CSC, 10/27/89

Executive or legislative declaration of the position as policy determining, primarily confidential or highly technical, not conclusive upon the courts. (PAGCOR v. Rilloraza, 6/25/01)

Extent of CSC powers-not allowed to disapprove appointment and require another whom it believes to be more qualified. Central Bank v. CSC, 4/10/89; -neither can it change the permanent appointment into a temporary one. Luego v. CSC, 143 SCRA 327

Extent of CSC powers not allowed to disapprove appointment and require

another whom it believes to be more qualified. Central Bank v. CSC, 4/10/89;

neither can it change the permanent appointment into a temporary one. Luego v. CSC, 143 SCRA 327

3) No officer or employee of the civil service shall be removed or suspended except for cause provided by law.

"for cause provided by law" covers both procedural and substantive (Delos Santos v. Mallare, supra)

Non-competitive positions entitled to security of tenure, except those involving primarily confidential. (Hernandez v. Villegas, 14 SCRA 544 [1965]

"designation" of Manager for PTA (whose appointment should be made by the President) made by the Secretary of Tourism is not a valid appointment, hence no security of tenure. (Binamira v. Garrucho July 23, 1990)

ABOLITION OF OFFICE-does not violate security of tenure if: Done in Good Faith-Briones v. Osmena, 104 Phil 588(bad faith) ;Dario v. Mison, 176 SCRA 84;

-Must not be for personal or political reasons and not in violation of law (Roque v. Ericta, 53 SCRA 156 [1973])

-Sec. 35 of RA 6715 -declaring all positions of the Commissioners and Labor Arbiters of the NLRC unconstitutional- (Mayor v. Macaraig, 3/5/91)

Demotion for lack of evidence and proper notice violates security of tenure and due process. Gen. Manager, PPA v. Monserate, Gr No. 129616, 4/17/02

Transfers without consent of the appointed-not merely assigned- to a particular station are not allowed. CARINO vs. Executive Director, GR 144493, 4/9/02;

Even in re-assignment, if it is indefinite, (lasting ten years), is removal without just cause. Pastor v. City of Pasig, GR No. 146873, 5/9/02

In Larin vs. Executive Secretary 280 SCRA 713. Being a presidential appointee, he comes under the direct disciplining authority of the President.

22

Page 23: Constitutional Law 1

4) No officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign.Partisan Political Activity- Sec. 2(3)

Partisan Political Activity-includes every form of solicitation of the electors vote in favor of specific candidate. (People v. De Venecia, 14 SCRA 864. Includes contribution of money for election purposes and distribution of handbills.

The prohibition notwithstanding, civil service officers and employees are allowed to vote, as well as express their views on political issues, or mention the names of certain candidates for public office whom they support. [Quinto vs. Commission on Elections, 613 SCRA 385(2010)]

Deemed resigned provisions

Fariñas, et al. v. Executive Secretary, et al. G.R. No. 147387, December 10, 2003, 417 SCRA 503.

Incumbent Appointive Official.—Under Section 13 of RA 9369, which reiterates Section 66 of the Omnibus Election Code, any person holding a public appointive office or position, including active members of the Armed Forces of the Philippines, and officers and employees in government-owned or-controlled corporations, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy.

Incumbent Elected Official.—Upon the other hand, pursuant to Section 14 of RA 9006 or the Fair Election Act, which repealed Section 67 of the Omnibus Election Code and rendered ineffective Section 11 of R.A. 8436 insofar as it considered an elected official as resigned only upon the start of the campaign period corresponding to the positions for which they are running, an elected official is not deemed to have resigned from his office upon the filing of his certificate of candidacy for the same or any other elected office or position. In fine, an elected official may run for another position without forfeiting his seat. [on MR upheld in Quinto vs. Commission on Elections, 613 SCRA 385(2010)]

-prohibition does not apply to department secretaries. Santos v. Yatco, 106 Phil

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

Self Organization; Art. III, Sec. 8Art. IX -B Sec. 2(5); Art. XIII, Sec. 3;

Can form unions-but do not have the right to strike-SSS v. CA, 7/28/89; including mass actions/leaves-MPSTA v. Sec. 8/6/91 ;

(6) Temporary employees of the Government shall be given such protection as may be provided by law.

-no security of tenure in temporary appointments (Mendiola v. Tancinco, 52 SCRA 66; BUT may not be removed to bust faculty union-PLM v. CSC, 241 SCRA 506

Section 3. The Civil Service Commission, as the central personnel agency of the Government, shall establish a career service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service. It shall strengthen the merit and rewards system, integrate all human resources development programs for all levels and ranks, and institutionalize a management climate conducive to public accountability. It shall submit to the President and the Congress an annual report on its personnel programs.

Section 4. All public officers and employees shall take an oath or affirmation to uphold and defend this Constitution.

Section 5. The Congress shall provide for the standardization of compensation of government officials, including those in government-owned or controlled corporations with original charters, taking into account the nature of the responsibilities pertaining to, and the qualifications required for their positions.

Section 6. No candidate who has lost in any election shall, within one year after such election, be appointed to any office in the Government of any government-owned or controlled corporations or in any of its subsidiaries.

Section 7. No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure.

Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall hold any other office or employment in the Government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries.

FLORES V. DRILON / GORDON, 223 SCRA 568 [1993] 6/22/93

Section 8. No elective or appointive public officer or employee shall receive additional, double, or indirect compensation, unless specifically authorized by law, nor accept without the consent of the Congress, any present, emolument, office, or title of any kind from any foreign government.

Pensions or gratuities shall not be considered as additional, double, or indirect compensation.If a retiree accepts another government position, he may continue receiving pension or gratuity but cannot credit his years of service in his previous government service to his present position for purposes of computing his separation pay. (Santos v. CA, 11/22/00)

A. The Commission on Elections

Section 1. (1) There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective position in the immediately preceding elections. However, a majority thereof, including the Chairman, shall be

23

Page 24: Constitutional Law 1

Members of the Philippine Bar who have been engaged in the practice of law for at least ten years.

What constitutes practice of law? CAYETANO V. MONSOD, 9/3/91

(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, three Members shall hold office for seven years, two Members for five years, and the last Members for three years, without reappointment. Appointment to a vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.

Composition, qualifications and appointment of Comelec members?

Two conditions for workability of Rotational system(1) that the terms of the first three (3) Commissioners should start on a common date, and, (2) that any vacancy due to death, resignation or disability before the expiration of the term should only be filled only for the unexpired balance of the term. Gaminde vs. Commission on Audit, 347 SCRA 655(2000), citing Republic v. Imperial, 96 Phil. 770 (1955) Ban against designation or acting capacityBrillantes v. Yorac, 192 SCRA 358

Ban against re-appointment Nationalista party v. De Vera, 35 Phil 126Republic v. Imperial, 96 Phil 770

Ban against designation or acting capacityBrillantes v. Yorac, 192 SCRA 358

Ad interim appointments of Chairman and commissioners of COMELEC not a violation. A renewal of ad interim appointments in case of by-pass by the Commission on Appointment not a violation of the Constitution. MATIBAG vs. BENIPAYO, GR 149036, 4/2/02

Section 2. The Commission on Elections shall exercise the following powers and functions :

(1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall.

Independence and power to enforce election laws

RA 9189 (absentee voting law) authorizes Congress to review COMELEC’s implementing rules and regulations, valid? ANSWER: It violates the constitutional guaranty of independence of the constitutional commissions. Macalintal vs. Comelec et al., GR No. 157013, July 10, 2003.

Including plebiscites-BUAC vs. Comelec, G.R. No. 155855, January 26, 2004

Executive power lodged in the COMELEC. essentially executive and administrative (Ututalan v. Comelec, 15 SCRA 465 [1965]

Not only preventive power but also curative-include the authority to exclude statistically improbable returns (Lagumbay v. Comelec, 16 SCRA 175 [1966]).

-may rely on handwriting experts to prove falsity of returns. (Usman v. Comelec, 42 SCRA 667 [1971].

-Pre-proclamation controversies are decided by COMELEC under this provision.

By law (Sec. 5 of BP 52) Comelec may be granted the power to declare failure of elections. “Failure to elect” may also result from post election terrorism, and such failure authorizes COMELEC to call a special election- Sanchez v. Comelec, 6/19/82

LDP v. COMELEC, GR 161265, 2/24/04- leadership of political party.

(2) Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction. Decisions, final orders, or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final, executory, and not appealable.

Judicial powers of Comelec.

When is a controversy considered a “contest” ? Ans. - It becomes a contest when there is a valid proclamation.

Before proclamation, who has jurisdiction? Ans. - COMELEC under its administrative and/or quasi-judicial power.

Power of Contempt not available in the exercise of administrative powers of COMELEC. (Guevarra v. Comelec, 104 Phil 269)

Sec. 9 of RA 6679 providing for appeal from MTC to the RTC on contests involving elective municipal and barangay officials is unconstitutional as it deprived COMELEC its appellate jurisdiction. (Flores v. Comelec, 184 SCRA 484)

The power of the COMELEC does not include review of elections of BARANGAY FEDERATIONS as its power is limited to popular elections (Taule v. Sec. Santos, 8/12/91)

JUDICIAL REVIEW OF COMELEC DECISIONS By the SC only by way of Certiorari (under rule 64 & 65)

Decisions reviewable by the SC pertains to the adjudicatory or quasi-judicial power of Comelec and does not apply to decisions on administrative matters which may be questioned before the ordinary courts.(Filipinas Engineering v. Ferrer, 135 SCRA 25). THUS the proper

24

Page 25: Constitutional Law 1

court to review a resolution of the COMELEC in recognizing the lawful election registrar is the regular courts of general jurisdiction. (Garces v. CA, 259 SCRA 99)

May the Supreme Court still review the decisions of Comelec involving election contests of elective municipal and barangay officials. YES, only on questions of law (Galido v. Comelec, 1/18/91; reiterated in Rivera v. Comelec, 7/12/91)

(3) Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters.

This deals with the exercise of quasi-judicial and administrative authority of the COMELEC, except the right to vote. (Pungutan v. Abubakar, 43 SCRA 1 [1972]

(4) deputize , with the concurrence of the President, law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections (5) Register , after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government; and accredit citizen's arms of the Commission on Elections. Religious denominations and sects shall not be registered. Those which seek to achieve their goals through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or which are supported by any foreign government shall likewise be refused registration.

Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to elections constitute interference in national affairs, and, when accepted, shall be an additional ground for the cancellation of their registration with the Commission, in addition to other penalties that may be prescribed by law.

(6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices.

(7) Recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidates.

Power to investigate and prosecute violations of elections laws as part of its executive power, COMELEC has exclusive jurisdiction to investigate and prosecute election offenses committed by PUBLIC OFFICIALS in relation to their office. (CORPUS V. TANODBAYAN, 149 SCRA 281 [1987]

Preliminary Investigation conducted by the Provincial Election Supervisor involving election offenses need not pass thru the Provincial Fiscal (Prosecutor) before the Court may take

cognizance to determine the existence of probable cause. (People v. Judge Inting, 7/25/90) But may delegate such power to the regular prosecutors (PEOPLE V. BASILIA, 11-6-89)

Recommend to the President the removal of any officer or employer it has deputized, or the imposition of any other disciplinary action, for violation or disregard of, or disobedience to its directive, order, or decision.

(9) Submit to the President and the Congress a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall.

Section 3. The Commission on Elections may sit en banc or in two divisions, and shall promulgate its rules of procedure in order to expedite disposition of election cases, including pre-proclamation controversies. All such election cases shall be heard and decided in division, provided that motions for reconsideration of decisions shall be decided en banc.Initial jurisdiction on election cases, including pre-proclamation case

A petition to cancel the certificate of candidacy of Garvida on the ground that she would be more than 21 years of age on election day cannot be acted upon by COMELEC en banc but by a division. (Garvida v. Sales, 271 SCRA 767)

Initial Appellate jurisdiction- by division Appeal from MTC or RTC should be heard/decided by

a division. (Abad v. Comelec, 12/10/99)

Requirement of MR No Petition for Certiorari with the SC without filing a

motion for reconsideration with COMELEC En Banc. (Reyes v. RTC, 5/5/95)

A Motion for Reconsideration based on the merits and not a dismissal for failure to prosecute is what is contemplated under the provision. SALAZAR v. COMELEC, 184 SCRA 433 [1990].

Section 4. The Commission may, during the election period, supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication or information, all grants, special privileges, or concessions granted by the Government or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation or its subsidiary. Such supervision or regulation shall aim to ensure equal opportunity, time and space, and the right to reply, including reasonable, equal rates therefor, for public information campaigns and forums among candidates in connection with the objective of holding free, orderly, peaceful, and credible elections.

Power to regulate media, applies in plebiscites and referenda. UNIDO V. COMELEC, 104 SCRA 17 [1981]

Power to regulate media franchise holders does not include regulation of expression of opinion of writers in a plebiscite or referendum. SANIDAD V. COMELEC, 1-29-90.

25

Page 26: Constitutional Law 1

Radio and television broadcasting companies may be required to give free air time for political advertisements during election period. TELEBAB vs. COMELEC, 289 SCRA 337

Section 5. No pardon, amnesty, parole, or suspension of sentence for violation of election rules, and regulations shall be granted by the President without a favorable recommendation of the Commission.

This is a limitation on the clemency powers of the President.

Section 6. A free and open party system shall be allowed to evolve according to the free choice of the people, subject to the provisions of this Article.

This is towards a strong multi-party system.

Section 7. No votes cast in favor of a political party, organization, or coalition shall be valid, except for those registered under the party-list system as provided in this Constitution.

No block voting allowed, except under the party list system.

Section 8. Political parties, or organizations or coalitions registered under the party-list system, shall not be represented in the voters' registration boards, boards of election inspectors, boards of canvassers, or other similar bodies. However, they shall be entitled to appoint poll watchers in accordance with law.

Section 9. Unless otherwise fixed by the Commission in special cases, the election period shall commence ninety days before the day of the election and shall end thirty days after.

Election period is fixed by the Constitution. Who fixes the period in special cases?

Section 10. Bona fide candidates for any public office shall be free from any form of harassment and discrimination.

Section 11. Funds certified by the Commission as necessary to defray the expenses for holding regular and special elections, plebiscites, initiatives, referenda, and recalls, shall be provided in the regular or special appropriations and, once approved, shall be released automatically upon certification by the Chairman of the Commission.

D. COMMISSION ON AUDIT

Section 1.(1) There shall be a Commission on Audit composed of a Chairman and two Commissioners, who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, certified public accountants with not less than ten years of auditing experience, OR members of the Philippine Bar who have been engaged in the practice of law for at least ten years, and must not have been candidates for any elective position in the election immediately preceding their appointment. At no time

shall all Members of the Commission belong to the same profession.

(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, the Chairman shall hold office for seven years, one Commissioner for five years, and the other Commissioner for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.

Restricting features in the composition1) rotational plan or the staggering term in the commission membership, such that the appointment of commission members subsequent to the original set appointed after the effectivity of the 1987 Constitution shall occur every two years; 2) maximum but a fixed term-limit of seven (7) years for all commission members whose appointments came about by reason of the expiration of term save the aforementioned first set of appointees and those made to fill up vacancies resulting from certain causes; 3) prohibition against reappointment of commission members who served the full term of seven years or of members first appointed under the Constitution who served their respective terms of office; 4) limitation of the term of a member to the unexpired portion of the term of the predecessor; and 5) proscription against temporary appointment or designation. [Funa vs. The Chairman, Commission on Audit, G.R. No. 192791(2012)]the provision, on its face, does not prohibit a promotional appointment from commissioner to chairman as long as the commissioner has not served the full term of seven years, further qualified by the third sentence of Sec. 1(2), Article IX (D) that “the appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor.” [Funa vs. The Chairman, Commission on Audit, G.R. No. 192791(2012)]; BUT see dissenting opinion of J. Carpio.

Section 2. (1) The Commission on Audit shall have the POWER, AUTHORITY AND DUTY TO EXAMINE, AUDIT, AND SETTLE ALL ACCOUNTS PERTAINING TO THE REVENUE AND RECEIPTS OF, AND EXPENDITURES OR USES OF FUNDS AND PROPERTY, OWNED OR HELD IN TRUST BY, OR PERTAINING TO, THE GOVERNMENT, OR ANY OF ITS SUBDIVISIONS, AGENCIES, OR INSTRUMENTALITIES, INCLUDING GOVERNMENT-OWNED AND CONTROLLED CORPORATIONS WITH ORIGINAL CHARTERS, and on a post-audit basis: (a) constitutional bodies, commissions and offices that have been granted fiscal autonomy under this Constitution; (b) autonomous state colleges and universities; (c) other government-owned or controlled corporations and their subsidiaries; and (d) such non-governmental entities receiving subsidy or equity, directly or indirectly, from or through the government, which are required by law of the granting institution to submit to such audit as a condition of subsidy or equity. However, where the internal control system of the audited agencies is inadequate, the Commission may adopt such measures, including

26

Page 27: Constitutional Law 1

temporary or special pre-audit, as are necessary and appropriate to correct the deficiencies. It shall keep the general accounts of the Government and, for such period as may be provided by law, preserve the vouchers and other supporting papers pertaining thereto.

(2) The Commission shall have exclusive authority, subject to the limitations in this Article, to define the scope of its audit and examination, establish the techniques and methods required therefor, and promulgate accounting and auditing rules and regulations, including those for the prevention and disallowance of irregular, unnecessary, expensive, extravagant, or unconscionable expenditures, or uses of government funds and properties

What is the power of the COA? What is the scope of such power?

Pre-auditGovernment, subdivisions, agencies/ instrumentalities, govt owned -controlled corp. original charters

Evidently, the BSP, which was created by a special law to serve a public purpose in pursuit of a constitutional mandate, comes within the class of “public corporations” defined by paragraph 2, Article 44 of the Civil Code and governed by the law which creates it, pursuant to Article 45 of the same Code. [Boy Scouts of the Philippines vs. Commission on Audit, 651 SCRA 146(2011)] NOTE: Justice Carpio dissented on the ground that BSP has ceased to be “gov’t owned or controlled.” E.g. PAL; PNB.

Post Auditconstitutional bodies, commissions and offices granted fiscal autonomy by the constitution

1. autonomous state colleges/universities2. other govt owned or controlled corporations and their

subsidiaries3. Non gov'tal entities receiving subsidy

CASES:In Guevara v. Gimenez, 6 SCRA 813 , the function of COA was held to be "limited to a determination of whether there is a law appropriating funds for a given purpose; whether a contract, made by the proper officer, has been entered into in conformity with said appropriation law; whether the goods or services covered by said contract have been delivered or rendered in pursuance of the provisions thereof, x x x ; whether payment therefor has been authorized by the officials of the corresponding department or bureau." Such definition of function is expanded under the 1987 Constitution. Thus in CALTEX Phil. V. COA, 5/8/92, the SC ruled that the power has been expanded to include disallowance of “irregular, unnecessary, excessive, extravagant or unconscionable expenditures”.

Including the authority to suspend payment if there is overpricing. Sambeli v. Prov. Of Isabela. 6/18/92;

Or not to authorize payment if in the absence of public bidding as required by law. COA has also the authority to interpret was is “public bidding” and what constitutes a “failure of public bidding”. Danville Maritime Inc. V. COA, 7/28/89

Under Commonwealth Act No. 327, as amended by Presidential Decree No. 1445, money claims against the government shall be filed before the COA.

BUT COA has no authority to pass upon unliquidated claims (such as quantum meruit basis) which is justiciable question and which can be settled by application of judgment and discretion and CANNOT be adjusted by mere arithmetical process. F.F. Manacop Construction Inc. v. CA, 266 SCRA 235

The power to audit government agencies is NOT EXCLUSIVE power of COA. DBP v. COA, 373 SCRA 356.

Failure to act within 60 days, does not result to automatic approval of the claim. Pacete v. Acting Chairman of COA, 185 SCRA 1

Section 3. No law shall be passed exempting any entity of the Government or its subsidiary in any guise whatever, or any investment of public funds, from the jurisdiction of the Commission on Audit.

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

ARTICLE X- Local Government

General Provisions

Section 1. The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities, municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao and the Cordilleras as hereinafter provided.

THE PROVINCE OF NORTH COTABATO vs. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE PANEL ON ANCESTRAL DOMAIN (GRP), G.R. No. 183591, October 14, 2008.

Section 2. The territorial and political subdivisions shall enjoy local autonomy.

27

Page 28: Constitutional Law 1

Section 3. The Congress shall enact a local government code which shall provide for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanisms of recall, initiative, and referendum, allocate among the different local government units their powers, responsibilities, and resources, and provide for the qualifications, election, appointment and removal, term, salaries, powers and functions and duties of local officials, and all other matters relating to the organization and operation of local units.

Power to create local governments is legislative in character.

Congress has delegated (under Secs 385 & 386, RA 7160) to provincial boards, and city and municipal councils, the power to create barangays within their jurisdiction,

BUT the power to create provinces and cities belongs to Congress as their creation involves creation of legislative districts.SEMA vs. COMELEC, G.R. No. 177597, July 16, 2008-

Meaning of autonomy-decentralization of administration NOT delegation or decentralization of power

Decentralization of administration retention of 10% of the IRA contrary to local autonomy -Pimentel vs. Aguirre, 336 SCRA 201

Dept. of Budget cannot set of a limit to the statutory authority of local governments to grant allowances to judges. Dadole vs. COA, 178 SCAD 262 [Dec. 2002]

Example: 1. When the law requires recommendation of nominees for the position of Prov. Budger Officer from the local government head (Governor), the appointing authority cannot appoint someone not passing thru the recommendation of the local government head. (San juan v. CSC, 4/19/91)

The SC may intervene in the dismissal of the Speaker of the Sangguniang Pampook of Region XII. The autonomous regions are not meant to be "self immolation". Where due process is not observed, the action of the autonomous region is invalid. (Limbona v. Conte Mangelin, 170 SCRA 786 [1989])

RECALLa. Requirements of recall under LGC of 1991 (Secs. 69 to 75)

-by whom exercised. - registered voters (vote required varies)-written petition-Election recall-incumbent automatically a candidate and cannot resign-effective upon proclamation of the winner-once during the incumbent's term-no recall within one year from assumption of office or one

year before a regular local election

Cases:Malonzo v. Comelec, 3/19/97

Section 4. The President of the Philippines shall exercise general supervision over local governments. Provinces with respect to component cities and municipalities, and cities and municipalities with respect to component barangays shall ensure that the acts of their component units are within the scope of their prescribed powers and functions.

Meaning of Power of SupervisionCases:

Mondano v. Silvosa, 97 Phil 143Ganzon v. CA, 8/5/91;

A basic feature of local fiscal autonomy is the automatic release of the shares of LGUs in the national internal revenue. This is mandated by no less than the Constitution. The Local Government Code specifies further that the release shall be made directly to the LGU concerned within five (5) days after every quarter of the year and “shall not be subject to any lien or holdback that may be imposed by the national government for whatever purpose.” [Pimentel, Jr. vs. Aguirre, 336 SCRA 201(2000)]

The power of the Sec. Of Justice under Sec. 187 of the LGC to set aside a tax ordinance illegal or unconstitutional does not amount to control. Drilon v. Lim, 8/4/94

The power of the President does not include the power (thru the DILG Sec. ) to set aside/annul elections of Barangay Federations as this would amount to control. Taule v. Sec. Of Local Government, 8/12/91

Section 5. Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees, and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local governments.

Section 6. Local government units shall have a just share, as determined by law, in the national taxes, which shall be automatically released to them.

Section 7. Local governments shall be entitled to an equitable share in the proceeds of the utilization and development of the national wealth within their respective areas, in the manner provided by law, including sharing the same with the inhabitants by way of direct benefits.

Power to tax by LGU

Cases: Basco v. PAGCOR, 197 SCRA 52 [1991]; Phil. Petroleum v. Mun. Of Pililla, 198 SCRA 82 [1991]

Other sources of revenue a. Just share in the national taxes (Sec. 6)

holding back of 10% of IRA-PIMENTEL vs. AGUIRRE, 336 SCRA 201

b. Equitable share in the proceeds of utilization and development national wealth within the area (Sec. 7)

28

Page 29: Constitutional Law 1

ALTERNATIVE CENTER FOR ORGANIZATIONAL REFORMS AND DEVELOPMENT, INC. (ACORD), et al. vs. HON. RONALDO ZAMORA, G.R. No. 144256, June 8, 2005

Oversight committee’s control over releases of IRA-THE PROVINCE OF BATANGAS vs. HON. ALBERTO G. ROMULO, G.R. No. 152774, May 27, 2004

Section 8. The term of office of elective local officials, except barangay officials, which shall be determined by law, shall be three years and no such official shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

TERM- “It is not competent for the legislature to extend the term of officers by providing that they shall hold over until their successors are elected and qualified where the constitution has in effect or by clear implication prescribed the term and when the Constitution fixes the day on which the official term shall begin, there is no legislative authority to continue the office beyond that period, even though the successors fail to qualify within the time. OSMENA V. COMELEC, 1199 SCRA 750, 758 991

For BARANGAYS-Congress has plenary authority under the Constitution to determine by legislation not only the duration of the term of barangay officials, but also the application to them of a consecutive term limit. [Comelec vs. Cruz, 605 SCRA 167(2009)]

TERM LIMITS does not apply if:

Term acquired by SUCCESSION; not elected for the office and term-Borja v. Commission on Elections, 260 SCRA 604 (1996).

ELECTION INVALIDATED-Lonzanida v. Commission on Elections, G.R. No. 135150, July 28, 1999, 311 SCRA 602-presented the question of whether the disqualification on the basis of the three-term limit applies if the election of the public official (to be strictly accurate, the proclamation as winner of the public official) for his supposedly third term had been declared invalid in a final and executory judgment.

UNLESS FULLY SERVED THE TERMS: Ong v. Alegre, 479 SCRA 473 (2006) and Rivera v.

COMELEC, 523 SCRA 41 (2007)-like Lonzanida, also involved the issue of whether there had been a completed term for purposes of the three-term limit disqualification. These cases, however, presented an interesting twist, as their final judgments in the electoral contest came after the term of the contested office had expired so that the elective officials in these cases were never effectively unseated.

PROHIBITED ELECTION MUST BE IMMEDIATE, not a RECALL ELECTION:

Adormeo v. Commission on Elections, 376 SCRA 90 (2002) dealt with the effect of recall; on the three-term limit disqualification. The case presented the

question of whether the disqualification applies if the official lost in the regular election for the supposed third term, but was elected in a recall election covering that term; the official was not elected for three (3) consecutive terms. The Court reasoned out that for nearly two years, the official was a private citizen; hence, the continuity of his mayorship was disrupted by his defeat in the election for the third term. Socrates v. Commission on Elections,391 SCRA 457 (2002) also tackled recall.... Any subsequent election, like a recall election, is no longer covered by the prohibition for two reasons. First, a subsequent election like a recall election is no longer an immediate reelection after three consecutive terms. Second, the intervening period constitutes an involuntary interruption in the continuity of service…..A recall election mid-way in the term following the third consecutive term is a subsequent election but not an immediate reelection after the third term.

TERM LIMITATION NOT AFFECTED BY CONVERSION OF THE LOCAL GOVERNMENT

Latasa v. Commission on Elections, 417 SCRA 601 (2003) presented the novel question of whether a municipal mayor who had fully served for three consecutive terms could run as city mayor in light of the intervening conversion of the municipality into a city. During the third term, the municipality was converted into a city; the cityhood charter provided that the elective officials of the municipality shall, in a holdover capacity, continue to exercise their powers and functions until elections were held for the new city officials. The Court ruled that the conversion of the municipality into a city did not convert the office of the municipal mayor into a local government post different from the office of the city mayor—the territorial jurisdiction of the city was the same as that of the municipality; the inhabitants were the same group of voters who elected the municipal mayor for 3 consecutive terms; and they were the same inhabitants over whom the municipal mayor held power and authority as their chief executive for nine years.

INVOLUNTARY INTERRUPTION OF SERVICE- BY SUCCESSION

In Montebon v. Commission on Elections, 551 SCRA 50 (2008)-where the highest-ranking municipal councilor succeeded to the position of vice-mayor by operation of law. ….an interruption had intervened so that he could again run as councilor.

INTERRUPTION MUST RESULT TO LOSS OF OFFICE, not merely the right to serve- such as preventive suspension not an interruption Aldovino, Jr. vs. Commission on Elections, 609 SCRA 234(2009)

Section 9. Legislative bodies of local governments shall have sectoral representation as may be prescribed by law.

“as may be prescribed by law” may refer to existing law. Supangan v. Santos, 8/24/90 Note : BP 337, the local government code then existing applies.

29

Page 30: Constitutional Law 1

Section 10. No province, city, municipality, or barangay may be created, divided, merged, abolished, or its boundary substantially altered, except in accordance with the criteria established in the local government code and subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected.

Meaning of “units directly affected”BP 885 creating the new province of Negros del Norte . Tan v. Comelec, 142 SCRA 727 (1986) The deletion of the “unit or “ under the 1987 Constitution did not change the meaning. Padilla Jr. V. Comelec, 10/19/92

R.A. No. 9009, and, by necessity, the LGC, were amended, not by repeal but by way of the express exemptions being embodied in the exemption clauses. League of Cities of the Philippines vs. Commission on Elections, 648 SCRA 344(2011) population or territorial requirement. Navarro vs. Ermita, 620 SCRA 529(2010)

No need of plebiscite in the creation of district or re-districting. BAGABUYO vs. COMELEC, G.R. No. 176970, December 8, 2008

Section 11. The Congress may, by law, create special metropolitan political subdivisions, subject to a plebiscite as set forth in Section 10 hereof. The component cities and municipalities shall retain their basic autonomy and shall be entitled to their own local executives and legislative assemblies. The jurisdiction of the metropolitan authority that will hereby be created shall be limited to basic services requiring coordination.

MMDA not the same as Metropolitan Authority possessing delegated police power. MMDA vs. BEL-AIR VILLAGE ASSOCIATION, INC., 328 SCRA 836

The authority of the President to order (EO ultra vires) the implementation of the Project notwithstanding, the designation of the MMDA as the implementing agency for the Project may not be sustained. It is ultra vires, there being no legal basis therefor. MMDA vs. Viron Transportation Co., Inc., 530 SCRA 341(2007)

Section 12. Cities that are highly urbanized, as determined by law, and component cities whose charters prohibit their voters from voting for provincial elective officials, shall be independent of the province. The voters of component cities within a province, whose charters contain no such prohibition, shall not be deprived of their right to vote for elective provincial officials.

A registered voter in a component city, but whose charter prohibits its voters from participating in the elections for provincial office is incapacitated to run for any provincial elective office. (Abella v. Comelec, 9/3/91)

Section 13. Local government units may group themselves, consolidate or coordinate their efforts, services, and resources for purposes commonly beneficial to them in accordance with law.

Section 14. The President shall provide for regional development councils and other similar bodies composed of local government officials, regional heads of departments and other government offices, and representatives from non-governmental organizations within the region for purposes of administrative decentralization to strengthen the autonomy of the units therein and to accelerate the economic and social growth and development of the units in the region.

1 Autonomous Region

Section 15. There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines.

Section 16. The President shall exercise general supervision over autonomous regions to ensure that the laws are faithfully executed.

Section 17. All powers, functions, and responsibilities not granted by this Constitution or by law to the autonomous regions shall be vested in the National Government.

Section 18. The Congress shall enact an organic act for each autonomous region with the assistance and participation of the regional consultative commission composed of representatives appointed by the President from a list of nominees from multisectoral bodies. The organic act shall define the basic structure of government from the region consisting of the executive department and legislative assembly, both of which shall be reflective and representative of the constituent political units. The organic acts shall likewise provide for special courts with personal, family, and property law jurisdiction consistent with the provisions of this Constitution and national laws.

The creation of the autonomous region shall be effective when approved by majority of the votes cast by the constituent units in a plebiscite called for the purpose, provided that only provinces, cities, and geographic areas voting favorably in such plebiscite shall be included in the autonomous region.

Section 19. The first Congress elected under this Constitution shall, within eighteen months from the time of organization of both Houses, pass the organic acts for the autonomous regions in Muslim Mindanao and the Cordilleras.

Section 20. Within its territorial jurisdiction and subject to the provisions of this Constitution and national laws, the organic act of autonomous regions shall provide for legislative powers over:(1) Administrative organization;(2) Creation of sources of revenues;(3) Ancestral domain and natural resources;(4) Personal, family, and property relations; (5) Regional urban and rural planning development;(6) Economic, social, and tourism development;

30

Page 31: Constitutional Law 1

(7) Educational policies;(8) Preservation and development of the cultural heritage; and(9) Such other matters as may be authorized by law for the promotion of the general welfare of the people of the region.

Self-determination refers to the need for a political structure that will respect the autonomous peoples’ uniqueness and grant them sufficient room for self-expression and self-construction. [Disomangcop vs. Datumanong, 444 SCRA 203(2004)]

Autonomous regions may be empowered to create municipalities and barangays BUT not provinces and citiesSection 19, Article VI of RA 9054, insofar as it grants to the ARMM Regional Assembly the power to create provinces and cities, is void for being contrary to Section 5 of Article VI and Section 20 of Article X of the Constitution, as well as Section 3 of the Ordinance appended to the Constitution. Only Congress can create provinces and cities because the creation of provinces and cities necessarily includes the creation of legislative districts, a power only Congress can exercise under Section 5, Article VI of the Constitution and Section 3 of the Ordinance appended to the Constitution. ……. Thus, we declare VOID Muslim Mindanao Autonomy Act No. 201 creating the Province of Shariff Kabunsuan. [Sema vs. Commission on Elections, 558 SCRA 700(2008)]

no autonomous region with one province only (Ordillo v. Comelec, 12/4/90)

tribal courts created under Exec Order 220-do not legally exist with the rejection of the organic act for cordillera (Badua v. CBA, 2/14/91)

THE PROVINCE OF NORTH COTABATO vs. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE PANEL ON ANCESTRAL DOMAIN (GRP), G.R. No. 183591, October 14, 2008

Section 21. The preservation of peace and order within the regions shall be the responsibility of the local police agencies which shall be organized, maintained, supervised, and utilized in accordance with applicable laws. The defense and security of the regions shall be the responsibility of the National Government.

ACCOUNTABILITY OF PUBLIC OFFICERS- ART XI

Section 1. Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.

Section 2. The President, Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office, on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All

other public officers and employees may be removed from office as provided by law, but not by impeachment.

IMPEACHMENTNature & Officials covered

Grounds Culpable violation of the Constitution, Treason, Bribery, Graft and Corruption Other high crimes-(serious and enormous a nature as to strike at the very life or the orderly workings of the government), Betrayal of Public Trust (betrayal of public interest, inexcusable negligence of duty, tyrannical abuse of power, breach of official duty by malfeasance or misfeasance, cronyism, favoritism, etc. to the prejudice of public interest and which tend to bring the office into disrepute, including obstruction of justice. (Concom II Record, p. 272, 286)

Section 3. (1) The House of Representatives shall have the exclusive power to initiate all cases of impeachment.

(2) A verified complaint may be filed by any Member of the House of Representatives or by any citizen upon a resolution of endorsement by any Member thereof, which shall be included in the Order of Business within ten session days, and referred to the proper Committee within three session days thereafter. The Committee, after hearing, and by a majority vote of all its Members, shall submit its report to the House within sixty session days from such referral, together with the corresponding resolution. The resolution shall be calendared for consideration by the House within ten session days from receipt thereof.

(3) A vote of at least one-third of all the Members of the House shall be necessary either to affirm a favorable resolution with the Articles of Impeachment of the Committee, or override its contrary resolution. The vote of each Member shall be recorded.

(4) In case the verified complaint or resolution of impeachment is filed by at least one-third of all the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed.

(5) No impeachment proceedings shall be initiated against the same official more than once within a period of one year.

(6) The Senate shall have the sole power to try and decide all cases of impeachment. When sitting for that purpose, the Senators shall be on oath or affirmation. When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote. No person shall be convicted without the concurrence of two-thirds of all the Members of the Senate.

(7) Judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold any office under the Republic of the Philippines, but the party convicted shall nevertheless be liable and subject to prosecution, trial, and punishment according to law.

(8) The Congress shall promulgate its rules on impeachment to effectively carry out the purpose of this section.

31

Page 32: Constitutional Law 1

Impeachment is deemed initiated by referral of the impeachment complaint to the appropriate house committee. Francisco v. HOUSE OF REP., GR 160261, 11/10/03-; two complaints referred to the same charges, considered as one complaint.(Gutierrez v. House of Rep. Committee on Justice, GR No. 193459 , 2/15/01

Loss of immunity of a non-sitting President Estrada v. Desierto, 352 SCRA 452 (2001)

Section 4. The present anti-graft court known as the Sandiganbayan shall continue to function and exercise its jurisdiction as now or hereafter may be provided by law.

Sandigan- constitutionally mandated but a statutory court.(Nunez v. Sandigan, 111 SCRA 442 (1982)

Jurisdiction- (under Sec. 4, PD 1606)

Section 5. There is hereby created the independent Office of the Ombudsman, composed of the Ombudsman to be known as Tanodbayan, one overall Deputy, and at least one Deputy each for Luzon, Visayas, and Mindanao. A separate Deputy for the military establishment may likewise be appointed.

Section 6. The officials and employees of the Office of the Ombudsman, other than the Deputies, shall be appointed by the Ombudsman according to the Civil Service Law.

Section 7. The existing Tanodbayan shall hereafter be known as the Office of the Special Prosecutor. It shall continue to function and exercise its powers as now or hereafter may be provided by law, except those conferred on the Office of the Ombudsman created under this Constitution.

Special Prosecutor (formerly- Tanodbayan)- limited to graft and

corruption cases; may prosecute judges before Sandigan (Orap v. Sandigan, 139 SCRA 252); BUT a subordinate of the ombudsman (Zaldivar v. Gonzales, 160 SCRA 843)

Section 8. The Ombudsman and his Deputies shall be natural-born citizens of the Philippines, and at the time of their appointment, at least forty years old, of recognized probity and independence, and members of the Philippine Bar, and must not have been candidates for any elective office in the immediately preceding election. The Ombudsman must have for ten years or more been a judge or engaged in the practice of law in the Philippines.

During their tenure, they shall be subject to the same disqualifications and prohibitions as provided for in Section 2 of Article IX-A of this Constitution.

Section 9. The Ombudsman and his Deputies shall be appointed by the President from a list of at least six nominees prepared by the Judicial and Bar Council, and from a list of three nominees for every vacancy thereafter. Such appointments shall require no confirmation. All vacancies shall be filled within three months after they occur.

Section 10. The Ombudsman and his Deputies shall have the rank of Chairman and Members, respectively, of the Constitutional Commissions, and they shall receive the same salary, which shall not be decreased during their term of office.

Section 11. The Ombudsman and his Deputies shall serve for a term of seven years without reappointment. They shall not be qualified to run for any office in the election immediately succeeding their cessation from office.

Unique disqualification to run for elective office in the election immediate succeeding cessation of office.

Section 12. The Ombudsman and his Deputies, as protectors of the people, shall act promptly on complaints filed in any form or manner against public officials or employees of the Government, or any agency, subdivision or instrumentality thereof, including government-owned or controlled corporations, and shall, in appropriate cases, notify the complainants of the actions taken and the result thereof.

Protector of the people Power to act on a complaint in any form (including

unsigned) authorized by the Constitution and does not violate the equal protection clause. Valmonte v. Vasquez, 244 SCRA 286.

Section 13. The Office of the Ombudsman shall have the following powers, functions, and duties :

(1) Investigate on its own, or on complaint by any person, any act or omission of any public official, employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient.

(2) Direct, upon complaint or at its own instance, any public official or employee of the Government, or any subdivision, agency or instrumentality thereof, as well as of any government-owned or controlled corporation with original charter, to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties.

(3) Direct the officer concerned to take appropriate action against a public official or employee at fault, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith.

(4) Direct the officer concerned, in any appropriate case, and subject to such limitations as may be provided by law, to furnish it with copies of documents relating to contracts and transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action.

(5) Request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents.

(6) Publicize matters covered by its investigation when circumstances so warrant and with due prudence.

32

Page 33: Constitutional Law 1

(7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the Government and make recommendations for their elimination and the observance of high standards of ethics and efficiency.

(8) Promulgate its rules and procedure and exercise such other powers or perform such functions or duties as may be provided by law.

Section 14. The Office of the Ombudsman shall enjoy fiscal autonomy. Its approved annual appropriations shall be automatically and regularly released.

OMBUDSMAN- CONSTITUTIONAL OFFICE

Constitutional administrative power of investigation act is illegal, unjust, improper or inefficient.

e.g. Murder is illegal-Deloso v. Domingo, 191 SCRA 545 (1990)

scope - concurrent with the Power of the Pres. (Hagad v. Dadole, 12/12/95);

RA 6670 (Ombudsman Act of 1989) Granting prosecutorial functions to the Ombudsman,

pursuant to par. 8 of Sec. 13, Art. XI. Acop v. Ombudsman, 248 SCRA 566; Camanag v. Guerrero, 2/17/97;

Investigative power is primary (may take over such investigation anytime) if offense falls under the exclusive jurisdiction of the sandiganbayan, BUT IS NOT EXCLUSIVE. HONASAN vs. DOJ Panel etc. GR No. 159747, 4/13/04

the claim of confidentiality will not bar the power of the ombudsman for production of documents, and even if truly confidential, inspection could be done in camera. Almonte v. Vasquez, 5/22/95. Under Bank Secrecy Law however, in camera inspection may be allowed ony if : 1) there is a pending case ; 2) account is identified ; 3) inspection limited to the subject matter of the case ; 4) bank personnel and account holder are notified ; 5) inspection limited to the identified account. Marquez v. Ombudsman, 6/27/01

Under RA 6770 and the 1987 Constitution, the Ombudsman has the constitutional power to directly remove from government service an erring public official, other than a member of Congress and the Judiciary (& also impeachable officers) Estarija v. Ranada, G.R. No. 159314, 26 June 2006,

Investigatorial powers of the Ombudsman, not ordinarily subject to review by the SC- LOQUIAS vs. Ombudsman, 338 SCRA 62

May exercise the power of contempt in the conduct of preliminary investigation which quasi-judicial in character. Lastimosa v. Vasquez, 243 SCRA 497.

Section 15. The right of the State to recover properties unlawfully acquired by public officials and employees, from

them or from their nominees or transferees, shall not be barred by prescription, laches, or estoppel.

Imprescriptibility does not apply to criminal cases. (Pres. Ad Hoc Fact=finding Committee on Behest Loans, et al., v. Desierto, et al., GR No. 130140 , Oct. 25, 1999)

Section 16. No loan, guaranty, or other form of financial accommodation for any business purpose may be granted, directly or indirectly, by any government-owned or controlled bank or financial institution to the President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, and the Constitutional Commissions, the Ombudsman, or to any firm or entity in which they have controlling interest, during their tenure.

Section 17. A public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the case of the President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices, and officers of the armed forces with general or flag rank, the declaration shall be disclosed to the public in the manner provided by law.

Section 18. Public officers and employees owe the State and this Constitution allegiance at all times, and any public officer or employee who seeks to change his citizenship or acquire the status of an immigrant of another country during his tenure shall be dealt with by law.

ARTICLE XIINational Economy and Patrimony

Section 1. The goals of the national economy are a more equitable distribution of opportunities, income, and wealth; a sustained increase in the amount of goods and services produced by the nation for the benefit of the people; and an expanding productivity as the key raising the quality of life for all, especially the underprivileged.

The State shall promote industrialization and full employment based on sound agricultural development and agrarian reform, through industries that make full and efficient use of human and natural resources, and which are competitive in both domestic and foreign markets. However, the State shall protect Filipino enterprises against unfair foreign competition and trade practices.

In the pursuit of these goals, all sectors of the economy and all regions of the country shall be given optimum opportunity to develop. Private enterprises, including corporations, cooperatives, and similar collective organizations, shall be encouraged to broaden the base of their ownership.

Questions:What are the goals of the national economy? What is thrust of the state insofar as industrialization is concerned?

33

Page 34: Constitutional Law 1

Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State. The State may directly undertake such activities, or it may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least sixty per centum of whose capital is owned by such citizens. Such agreements may be for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and under such terms and conditions as may be provided by law. In cases of water rights for irrigation, water supply, fisheries, or industrial uses other than the development of water power, beneficial use may be the measure and limit of the grant.

The State shall protect the nation's marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.

The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority to subsistence fishermen and fishworkers in rivers, lakes, bays, and lagoons.

The President may enter into agreements with foreign-owned corporations involving either technical of financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by law, based on real contributions to the economic growth and general welfare of the country. In such agreements, the State shall promote the development and use of local scientific and technical resources.

The President shall notify the Congress of every contract entered into in accordance with this provision, within thirty days from its execution.

Imperium and dominium.

Imperium is the power of the government in the concept of sovereignty. Dominium on the other hand is the capacity of the state to own or acquire property.

Jura regalia, a feudalistic theory that makes all lands, unless ownership has been granted to private persons or entities, belong to the Crown. Later on as the form of governments has changed from monarchial to republican, ownership of such lands has been vested in the State. The first sentence of Section 2 enunciates the theory.

Carino v. Insular Government, 41 Phil. 935 (1909)

Exploration, development and utilization of natural resourcesFull control and supervision of the state over natural resources. (see –

The word “involving” does not limit service agreements to technical and financial. La Bugal-B'Laan Tribal Association, Inc. v. Ramos, 445 SCRA 1 (2004)Section 3. Lands of the public domain are classified into

agricultural, forest or timber, mineral lands, and national parks. Agricultural lands of the public domain may be further classified by law according to the uses which they may be devoted. Alienable lands of the public domain shall be limited to agricultural lands. Private corporations or associations may not hold such alienable lands of the public domain except by lease, for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and not to exceed one thousand hectares in area. Citizens of the Philippines may lease not more than five hundred hectares, or acquire not more than twelve hectares thereof by purchase, homestead, or grant.

Taking into account the requirements of conservation, ecology, and development, and subject to the requirements of agrarian reform, the Congress shall determine, by law, the size of lands of the public domain which may be acquired, developed, held, or leased and the conditions therefor.

Limitations on area of lease or acquisitions

1935 Constitution- 144 hectares by purchase24 hectares by homestead

197324 hectares by purchase or homestead

1987500 hectares by lease (citizens); 1,000has. By corporations12 hectares by purchase, homestead or grant (citizens)

May a law further decrease the allowable limits? YES. See Par. 2 of Sec. 3.

PROBLEM: Public Estate Authority, a government owned and controlled corporation, pursuant to its legislative authority, reclaimed hundreds of hectares of Manila Bay. May such lands be sold to private corporations and individuals?

Answer: If classified as alienable, such lands may be sold to individuals, but not to private corporations. Sale to the latter would violate constitution. Chavez vs. PEA, AMARI, 170 SCAD 323, 7/9/02

Section 4. The Congress shall, as soon as possible, determine by law the specific limits of forest lands and national parks, marking clearly their boundaries on the ground. Thereafter, such forest lands and national parks shall be conserved and may not be increased nor diminished, except by law. The Congress shall provide, for such period as it may determine, measures to prohibit logging in endangered forests and watershed areas.

Section 5. The State, subject to the provisions of this Constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to

34

Page 35: Constitutional Law 1

their ancestral lands to ensure their economic, social, and cultural well-being.

The Congress may provide for the applicability of customary laws governing property rights and relations in determining the ownership and extent of ancestral domain.

Section 6. The use of property bears a social function, and all economic agents shall contribute to the common good. Individuals and private groups, including corporations, cooperatives, and similar collective organizations, shall have the right to own, establish, and operate economic enterprises, subject to the duty of the State to promote distributive justice and to intervene when the common good so demands.

This section manifests the rejection of the Laissez Faire as an economic principle. The state may intervene when the common good demands. Just like in the operation of cooperatives (LUELCO vs. Judge Yaranon, 12/4/89)

Section 7. Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain.

Section 8. Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the Philippines who has lost its Philippine citizenship may be a transferee of private lands, subject to limitations provided by law.

NOTES: 1) Private lands include lands owned by the State or its

subdivisions in patrimonial capacity.

2) Only those qualified to acquire or hold lands of the public domain may acquire private lands.

3) Since aliens (individual or juridical) cannot hold or acquire alienable lands of the public domain, they cannot acquire private lands. They (aliens) may however hold private lands by lease.

a) Transfers in violation of this policy shall be void. If the parties are in pari delicto, the law shall leave where they are and the court will not grant relief in case of suits for recovery. (Rellosa v. Gaw Chee Hun, 93 Phil, 827 [1953]);

b) BUT the in pari delicto rule will not be applied if setting aside the contract will enhance the policy of preserving the lands to Filipinos; A lease for 99 years is a virtual surrender of all rights incidents to ownership, and not valid.(Philbanking vs. Lui She, 21 SCRA 52 [1967]);

c) Especially where the land has come to the hands of a qualified transferee. (Barsobia v. Cuenco, 113 SCRA 547 [1982])

4) Exceptions:

a) Aliens may acquire lands by hereditary succession, that is- by intestate succession, but not by testamentary

succession.(Ramirez v. Vda. De Ramirez, 111 SCRA 704)

Under RA 8179 (now section 10 of RA 7042-Foreign Investment Act of 1991) former natural-born citizens are allowed to be transferees of private lands with the following limits: 5,000- sq.m. of urban land, or 3 hectares for rural lands. For urban lands, the purpose may be for business or other purposes. However, ownership of urban land precludes acquisition of rural land or vice versa, and ownership is limited to TWO PARCELS which should not be located in the same municipality or city.

Section 9. The Congress may establish an independent economic and planning agency headed by the President, which shall, after consultations with the appropriate public agencies, various public sectors, and local government units, recommend to Congress, and implement continuing integrated and coordinated programs and policies for national development.

Until the Congress provides otherwise, the National Economic and Development Authority shall function as the independent planning agency of the government.

Section 10. The Congress shall, upon recommendation of the economic and planning agency, when the national interest dictates, reserve to citizens of the Philippines or to corporations or associations at least sixty per centum of whose capital is owned by such citizens, or such higher percentage as Congress may prescribe, certain areas of investments. The Congress shall enact measures that will encourage the formation and operation of enterprises whose capital is wholly owned by Filipinos.

In the grant of rights, privileges, and concessions covering the national economy and patrimony, the State shall give preference to qualified Filipinos.

The State shall regulate and exercise authority over foreign investments within its national jurisdiction and in accordance with its national goals and priorities.

NOTES:1) Filipinization of certain investment areas does not violate

the equal protection clause (Ichong v. Hernandez, 101 Phil. 1155 [1957]) Take note that the Retail Trade Nationalization law has been amended to allow the entry of highly capitalized retailers.

2) SEE Foreign Investment Act (RA 7042)

3) Manila Hotel v. GSIS, 2/3/97- upholding the Filipino first policy

Section 11. No franchise, certificate, or any other form of authorization for the operation of a public utility shall be granted except to citizens of the Philippines or to corporations or associations organized under the laws of the Philippines at least sixty per centum of whose capital is owned by such citizens, nor shall such franchise, certificate, or authorization

35

Page 36: Constitutional Law 1

be exclusive in character or for a longer period than fifty years. Neither shall any such franchise or right be granted except under the condition that it shall be subject to amendment, alteration, or repeal by the Congress when the common good so requires. The State shall encourage equity participation in public utilities by the general public. The participation of foreign investors in the governing body of any public utility enterprise shall be limited to their proportionate share in its capital, and all the executive and managing officers of such corporation or association must be citizens of the Philippines.

NOTES:Grant of franchise cannot be exclusive in character. Republic v. Extelcom, 373 SCRA 316; TAWANG MULTI-PURPOSE COOP vs. LTWD, 646 SCRA 21

1) The authority to grant franchises to public utilities belong to Congress, but it may delegate to administrative agencies the power to grant licenses or to authorize operation of certain public utilities (e.g. LTFRB under EO No. 202)

2) The franchise to operate a public utility must be distinguished from ownership of the facilities. (Tatad vs. Garcia, Jr. 4/6/95)

3) “Capital” refers to voting stock- GAMBOA v. TEVES, 652 SCRA 690[2011]

Section 12. The State shall promote the preferential use of Filipino labor, domestic materials and locally produced goods, and adopt measures that help them competitive.

NOTES: 1) Filipino first policy

Section 13. The State shall pursue a trade policy that serves the general welfare and utilizes all forms and arrangements of exchange on the basis of equality and reciprocity.

Section 14. The sustained development of a reservoir of national talents consisting of Filipino scientists, entrepreneurs, professionals, managers, high-level technical manpower and skilled workers and craftsmen in all fields shall be promoted by the State. The State shall encourage appropriate technology and regulate its transfer for the national benefit.

The practice of all professions in the Philippines shall be

limited to Filipino citizens, save in cases prescribed by law.

Practice of profession may, by law, be extended to aliens.

Section 15. The Congress shall create an agency to promote the viability and growth of cooperatives as instruments for social justice and economic development.

Section 16. The Congress shall not, except by general law, provide for the formation, organization, or regulation of private corporations. Government-owned or controlled corporations may be created or established by special charters in the interest of the common good and subject to the test of economic viability.

Private corporations may only be created by virtue of a general law.

Section 17. In times of national emergency, when the public interest so requires, the State may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately owned public utility or business affected with public interest.

Section 18. The State may, in the interest of national welfare or defense, establish and operate vital industries and, upon payment of just compensation, transfer to public ownership utilities and other private enterprises to be operated by the Government.

NOTES:Distinguish takeover under Sec. 17 and 18.DAVID vs. ARROYO, GR No. 171396 (PP 1017, 1021) National EmergencyExample of business affected with public interest is banking.

See interconnection cases.

Section 19. The State shall regulate or prohibit monopolies when the public interest so requires. No combinations in restraint of trade or unfair competition shall be allowed.

NOTES: Monopolies may only be regulated or prohibited

when public interest so requires, while “combinations in restraint of trade or unfair competition” is not allowed.

Anti-trust provision

Section 20. The Congress shall establish an independent central monetary authority, the members of whose governing board must be natural-born Filipino citizens, of known integrity, and patriotism, the majority of whom shall come from the private sector. They shall also be subject to such other qualifications and disabilities as may be prescribed by law. The authority shall provide policy direction in the areas of money, banking, and credit. It shall have supervision over the operations of banks and exercise such regulatory powers as may be provided by law over the operations of finance companies and other institutions performing similar functions.

Until the Congress otherwise provides, the Central Bank of the Philippines, operating under existing laws, shall function as the central monetary authority.

Section 21. Foreign loans may only be incurred in accordance with law and the regulation of the monetary authority. Information on foreign loans obtained or guaranteed by the Government shall be made available to the public.

Acts which circumvent or negate any of the provisions of this Article shall be considered inimical to the national interest and subject to criminal and civil sanctions, as may be provided by law.

36

Page 37: Constitutional Law 1

ARTICLE XIIISocial Justice and Human Rights

Section 1. The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good.

To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and its increments.

Section 2. The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and self-reliance.

Labor

Section 3. The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.

ISAE vs. QUISUMBING, 333 SCRA 13 SERRANO vs. GALLANT MARITIME SERVICES,

INC. and MARLOW NAVIGATION CO., INC., G.R. No. 167614. March 24, 2009.

It shall guarantee the rights of all workers to self-organizations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.

The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.

The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns on investments, and to expansion and growth.

PROBLEM: To prevent closure due to losses arising from strikes, the airline management and the labor union entered into an agreement to suspend the CBA for ten years. Some members of the union questioned the arrangement as violation of the constitutional guarantee of protection to labor, right to self organization and collective bargaining. Decide.

ANSWER: The agreement afforded full protection to labor and promoted the shared responsibility between workers and employers, and the employees exercised voluntary modes in settling dispute, including conciliation to foster industrial peace. Rivera v. Espiritu, 374 sCRA 351

Agrarian and Natural Resources Reform

Section 4. The State shall, by law, undertake an agrarian reform program founded on the right of farmers and regular farmworkers, who are landless, to own directly or collectively the lands they till or, in the case of other farmworkers, to receive a just share of the fruits thereof. To this end, the State shall encourage and undertake the just distribution of all agricultural lands, subject to such priorities and reasonable retention limits as the Congress may prescribe, taking into account ecological, developmental, or equity considerations, and subject to the payment of just compensation. In determining retention limits, the State shall respect the rights of small landowners. The State shall further provide incentives for voluntary land-sharing.

Section 5. The State shall recognize the right of farmers, farmworkers, and landowners, as well as cooperatives, and other independent farmers' organizations to participate in the planning, organization, and management of the program, and shall provide support to agriculture through appropriate technology and research, and adequate financial, production, marketing, and other support services.

Section 6. The State shall apply the principles of agrarian reform or stewardship, whenever applicable in accordance with law, in the disposition or utilization of other natural resources, including lands of the public domain under lease or concession suitable to agriculture, subject to prior rights, homestead rights of small settlers, and the rights of indigenous communities to their ancestral lands.

The State may resettle landless farmers and farmworkers in its own agricultural estates which shall be distributed to them in the manner provided by law.

Section 7. The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of local marine and fishing resources, both inland and offshore. It shall provide support to such fishermen through appropriate technology and research, adequate financial, production, and marketing assistance, and other services. The State shall also protect, develop, and conserve such resources. The protection shall extend to offshore fishing grounds of subsistence fishermen against foreign intrusion. Fishworkers shall receive a just share from their labor in the utilization of marine and fishing resources.

Section 8. The State shall provide incentives to landowners to invest the proceeds of the agrarian reform program to promote industrialization, employment creation, and privatization of public sector enterprises. Financial instruments used as payment for their lands shall be honored as equity in enterprises of their choice.

Agrarian reformSmall Landowners v. Sec., supra

Urban Land Reform and Housing

Section 9. The State shall, by law, and for the common good, undertake, in cooperation with the public sector, a continuing program of urban land reform and housing which will make available at affordable cost decent housing and basic

37

Page 38: Constitutional Law 1

services to underprivileged and homeless citizens in urban centers and resettlement areas. It shall also promote adequate employment opportunities to such citizens. In the implementation of such program the State shall respect the rights of small property owners.

Section 10. Urban or rural poor dwellers shall not be evicted nor their dwellings demolished, except in accordance with law and in a just and humane manner.

No resettlement of urban and rural dwellers shall be undertaken without adequate consultation with them and the communities where they are to be relocated.

Urban Development Housing Act-RA 7279 PD 1517 (pre-emptive right of urban tenant in an area

declared as priority development area and an urban land reform zone.

Health

Section 11. The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all people at affordable cost. There shall be priority for the needs of the underprivileged sick, elderly, disabled, women, and children. The State shall endeavor to provide free medical care to paupers.

Section 12. The State shall establish and maintain an effective food and drug regulatory system and undertake appropriate health manpower development and research, responsive to the country's health needs and problems.

Section 13. The State shall establish a special agency for disabled persons for rehabilitation, self-development and self-reliance, and their integration into the mainstream of society.

Women

Section 14. The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation.

Role and Rights of People's Organizations

Section 15. The State shall respect the role of independent people's organizations to enable the people to pursue and protect, within the democratic framework, their legitimate and collective interests and aspirations through peaceful and lawful means.

People's organizations are bona fide associations of citizens with demonstrated capacity to promote the public interest and with identifiable leadership, membership, and structure.

Section 16. The right of the people and their organizations to effective and reasonable participation at all levels of social, political, and economic decision-making shall not be abridged. The State shall, by law, facilitate the establishment of adequate consultation mechanisms.

Human Rights

Section 17. (1) There is hereby created an independent office called Commission on Human Rights.

(2) The Commission shall be composed of a Chairman and four Members who must be natural-born citizens of the Philippines and a majority of whom shall be members of the Bar. The term of office and other qualifications and disabilities of the Members of the Commission shall be provided by law.

(3) Until this Commission is constituted, the existing Presidential Committee on Human Rights shall continue to exercise its present functions and powers.

(4) The approved annual appropriations of the Commission shall be automatically and regularly released.

Section 18. The Commission on Human Rights shall have the following powers and functions:

(1) Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights;

(2) Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court;

(3) Provide appropriate legal measures for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid services to the underprivileged whose human rights have been violated or need protection;

(4) Exercise visitorial powers over jails, prisons, or detention facilities;

(5) Establish a continuing program of research, education, ad information to enhance respect for the primacy of human rights;

(6) Recommend to the Congress effective measures to promote human rights and to provide for compensation to victims of violations of human rights, or their families;

(7) Monitor the Philippine Government's compliance with international treaty obligations on human rights;

(8) Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by it or under its authority;

(9) Request the assistance of any department, bureau, office, or agency in the performance of its functions;

(10)Appoint its officers and employees in accordance with law; and

(11)Perform such other duties and functions as may be provided by law.

38

Page 39: Constitutional Law 1

Section 19. The Congress may provide for other cases of violations of human rights that should fall within the authority of the Commission, taking into account its recommendations.

CHREA v. CHR, 7/21/06- limited fiscal autonomy. It has no adjudicatory powers; only fact finding

(Carino v. CHR, 9/2/91) Not being a court of justice, cannot issue writs of

injunction or restraining orders against supposed violators of human rights. (EPZA v. CHR, 208 SCRA 125; Simon v. CHR, 229 SCRA 117)

ARTICLE XIVEducation, Science and Technology, Arts, Culture, and

SportsEducation

Section 1. The State shall protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all.

Section 2. The State shall :(1) Establish, maintain, and support a complete, adequate,

and integrated system of education relevant to the needs of the people and society;

(2) Establish and maintain a system of free public education in the elementary and high school levels. Without limiting the natural right of parents to rear their children, elementary education is compulsory for all children of school age;

(3) Establish and maintain a system of scholarship grants, student loan programs, subsidies, and other incentives which shall be available to deserving students in both public and private schools, especially to the underprivileged;

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

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

Section 3. (1) All educational institutions shall include the study of the Constitution as part of the curricula.

(2) They shall inculcate patriotism and nationalism, foster love of humanity, respect for human rights, appreciation of the role of national heroes in the historical development of the country, teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency.

(3) At the option expressed in writing by the parents or guardians, religion shall be allowed to be taught to their children or wards in public elementary and high schools within the regular class hours by instructors designated or approved by the religious authorities of the religion to which the children or wards belong, without additional cost to the Government.

Section 4. (1) The State recognizes the complementary roles of public and private institutions in the educational system

and shall exercise reasonable supervision and regulation of all educational institutions.

(2) Educational institutions, other than those established by religious groups and mission boards, shall be owned solely by citizens of the Philippines or corporations or associations at least sixty per centum of the capital of which is owned by such citizens. The Congress may, however, require increased Filipino equity participation in all educational institutions.

The control and administration of educational institutions shall be vested in citizens of the Philippines.

No educational institution shall be established exclusively for aliens and no group of aliens shall comprise more than one-third of the enrollment in any school. The provisions of this subsection shall not apply to schools established for foreign diplomatic personnel and their dependents and, unless otherwise provided by law, for other foreign temporary residents.

(3) All revenues and assets of non-stock, non-profit educational institutions used actually, directly, and exclusively for educational purposes shall be exempt from taxes and duties. Upon the dissolution or cessation of the corporate existence of such institutions, their assets shall be disposed of in the manner provided by law.

Proprietary educational institutions, including those cooperatively owned, may likewise be entitled to such exemptions subject to the limitations provided by law including restrictions on dividends and provisions for reinvestment.

(4) Subject to conditions prescribed by law, all grants, endowments, donations, or contributions used actually, directly, and exclusively for educational purposes shall be exempt from tax.

Section 5. (1) The State shall take into account regional and sectoral needs and conditions and shall encourage local planning in the development of educational policies and programs.

(2) Academic freedom shall be enjoyed in all institutions of higher learning.

ACADEMIC FREEDOMWhat is academic freedom Of institutions of Higher Learning- the freedom of the institution to determine “who may teach; what may be taught; how it shall be taught; and who may be admitted to study”-GARCIA v. Faculty of Admission, Loyola School of Theology, 168 SCRA 277

Right of the UP to retain a faculty member to retain/promote a faculty member despite having incurred AWOL over directive of CSC. UP v. CSC, 4/3/01

DECS’ Three-year maximum probation rule. Cagayan Capitol College v. NLRC, 189 SCRA 658

The power to investigate is inherent in academic freedom.MIRIAM COLLEGE vs. CA, 348 SCRA 265 [12-15-00] –

39

Page 40: Constitutional Law 1

Institution of higher learning can revoke a degree it has conferred if obtained fraudulently. UP BOARD OF REGENTS vs. CA., GR 134625, Aug. 31, 1999.

PROBLEM. A university professor in graduate school gave grades to students who were given program of self-study with reading materials and weekly tutorial meetings, quizzes and term papers, without requiring them to attend regular classes. The Board of Regents of the school approved such method. Is this allowed? YES. The teaching style of the professor is part of academic freedom which clothes him with the widest latitude to innovate and experiment on the method of teaching which is most fitting to his students subject only to the rules and policies of the university. Camacho v. Coresis, GR 134372, 8/22/02

PRC Resolution prohibiting examinees in accountancy licensure examinations from attending review classes, briefing, conferences, a violation of academic freedom of schools…Lupangco v. CA, 160 SCRA 848

Academic freedom of students governed by the due process clause and the bill of rights.

(3) Every citizen has a right to select a profession or course of study, subject to fair, reasonable, and equitable admission and academic requirements.

(4) The State shall enhance the right of teachers to professional advancement. Non-teaching academic and non-academic personnel shall enjoy the protection of the State.

(5) The State shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment.

Right to Education NMAT a valid requirement-Tablarin v. Gutierez, 154

SCRA 730; and the three(3)-failure rule is also valid. (DECS v. San Diego, 180 SCRA 534

Highest budgetary allocation Merely directory-Guingona v. Carague, 196 SCRA

221; Philconsa v. Enriquez, supra)

Language

Section 6. The national language of the Philippines is Filipino. As it evolves, it shall be further developed and enriched on the basis of existing Philippine and other languages.

Subject to provisions of law and as the Congress may deem appropriate, the Government shall take steps to initiate and sustain the use of Filipino as a medium of official communication and as language of instruction in the educational system.

Section 7. For purposes of communication and instruction, the official languages of the Philippines are Filipino and, until otherwise provided by law, English.

The regional languages are the auxiliary official languages in the regions and shall serve as auxiliary media of instruction therein.

Spanish and Arabic shall be promoted on a voluntary and optional basis.

Section 8. This Constitution shall be promulgated in Filipino and English and shall be translated into major regional languages, Arabic, and Spanish.

Section 9. The Congress shall establish a national language commission composed of representatives of various regions and disciplines which shall undertake, coordinate, and promote researches for the development, propagation, and preservation of Filipino and other languages.

Science and technology

Section 10. Science and technology are essential for national development and progress. The State shall give priority to research and development, invention, innovation, and their utilization; and to science and technology education, training, and services. It shall support indigenous, appropriate, and self-reliant scientific and technological capabilities, and their application to the country's productive systems and national life.

Section 11. The Congress may provide for incentives, including tax deductions, to encourage private participation in programs of basic and applied scientific research. Scholarships, grants-in-aid, or other forms of incentives shall be provided to deserving science students, researchers, scientists, inventors, technologists, and specially gifted citizens.

Section 12. The State shall regulate the transfer and promote the adaptation of technology from all sources for the national benefit. It shall encourage the widest participation of private groups, local governments, and community-based organizations in the generation and utilization of science and technology.

Section 13. The State shall protect and secure the exclusive rights of scientists, inventors, artists, and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such period as may be provided by law.

Arts and CultureSection 14. The State shall foster the preservation,

enrichment, and dynamic evolution of a Filipino national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression.

Section 15. Arts and letters shall enjoy the patronage of the State. The State shall conserve, promote, and popularize the nation's historical and cultural heritage and resources, as well as artistic creations.

Section 16. All the country's artistic and historic wealth constitutes the cultural treasure of the nation and shall be

40

Page 41: Constitutional Law 1

under the protection of the State which may regulate its disposition.

Section 17. The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies.

Section 18. (1) The State shall ensure equal access to cultural opportunities through the educational system, public or private cultural entities, scholarships, grants and other incentives, and community cultural centers, and other public venues.

(2) The State shall encourage and support researches and studies on the arts and culture.

Sports

Section 19. (1) The State shall promote physical education and encourage sports programs, league competitions, and amateur sports, including training for international competitions, to foster self-discipline, teamwork, and excellence for the development of a healthy and alert citizenry.

(2) All educational institutions shall undertake regular sports activities throughout the country in cooperation with athletic clubs and other sectors.

ARTICLE XVThe Family

Section 1. The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development.

Section 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.

Section 3. The State shall defend :(1) The right of spouses to found a family in accordance with

their religious convictions and the demands of responsible parenthood;

(2) The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development;

(3) The right of the family to a family living wage and income; and

(4) The right of families or family associations to participate in the planning and implementation of policies and programs that affect them.

Section 4. The family has the duty to care for its elderly members but the State may also do so through just programs of social security.

Senior citizen’s discount- CARLOS SUPERDRUG CORP. vs. DSWD, G.R. No. 166494, June 29, 2007.

ARTICLE XVIGeneral Provisions

Section 1. The flag of the Philippines shall be red, white, and blue, with a sun and three stars, as consecrated and honored by the people and recognized by law.

Section 2. The Congress may, by law, adopt a new name for the country, a national anthem, or a national seal, which shall be truly reflective and symbolic of the ideals, history, and traditions of the people. Such law shall take effect only upon its ratification by the people in a national referendum.

5. STATE IMMUNITY: The state may not be sued without its consent (ART. XVI, SEC. 3)- otherwise known as: the Royal Prerogative of Dishonesty

A. Practical basis: Holmes put it, is that “there can be no legal right against the authority which makes the law on which the right depends.”(Kawanakoa v. Polybank, 205 U.S. 349)

Immunity extends to foreign states (SYQUIA V. LOPEZ, 84 PHIL 312)

The doctrine of state immunity is not limited to cases which would result in a pecuniary charge against the sovereign or would require the doing of an affirmative act by it. Prevention of a sovereign from doing an affirmative act pertaining directly and immediately to the most important public function of any government—the defense of the state—is equally as untenable as requiring it to do an affirmative act." Baer vs. Tizon, 57 SCRA 1(1974)

And to international agencies of the UN under the Convention on the Privileges and Immunities of Specialized Agencies of the United Nations, adopted by the UN General Assembly on November 21, 1947, and concurred in by the Philippine Senate on May 17, 1949. This Convention has the force and effect of law, considering that under the Constitution, the Philippines adopts the generally accepted principles of international law as part of the law of the land. Ebro III vs. National Labor Relations Commission, 261 SCRA 399(1996)

The grant of immunity from local jurisdiction to the International Catholic Migration Commission and the Inter-national Rice Research Institute is clearly necessitated by their international character and respective purposes. The objective is to avoid the danger of partiality and interference by the host country in their internal workings. International Catholic Migration Commission vs. Calleja, 190 SCRA 130 [1990])

There can be no dispute that international officials are entitled to immunity only with respect to acts performed in their official capacity, BUT NOT PRIVATE ACTS. BUT who will determine whether it is private acts? Answer: The local court. Liang vs. People, 355 SCRA 125(2001)

B. APPLICATION The proscribed suit that the state immunity principle

covers takes on various forms, namely: a suit against the Republic by name; a suit against an unincorporated government agency; a suit against a

41

Page 42: Constitutional Law 1

government agency covered by a charter with respect to the agency’s performance of governmental functions; and a suit that on its face is against a government officer, but where the ultimate liability will fall on the government. Professional Video, Inc. vs. Technical Education and Skills Development Authority, 591 SCRA 83(2009)

Damage suit against public official requiring appropriation although the state is not impleaded. (Garcia vs. Chief of Staff, 16 SCRA 120); BUT NOT when an appropriation has been made and the suit is to compel payment (Ruiz and Herrera vs. Cabahug, et al., 102 Phil. 110(1957)]

Or when public officers are sued in the performance of their duties (CALUB vs. CA, 331 SCRA 55)

But not when sued in their individual capacity…for whatever damage he may have caused by his act done with malice and in bad faith, or beyond the scope of his authority or jurisdiction. Shauf vs. Court of Appeals, 191 SCRA 713(1990); United States of America, Bradford vs. Reyes, 219 SCRA 192(1993)

Although the military officers and personnel, then party defendants, were discharging their official functions when the incident occurred, their functions ceased to be official the moment they exceeded their authority. Republic vs. Sandoval, 220 SCRA 124(1993)

A sovereign State does not merely establish a diplomatic mission and leave it at that; the establishment of a diplomatic mission encompasses its maintenance and upkeep. Hence, the State may enter into contracts with private entities to maintain the premises, furnishings and equipment of the embassy and the living quarters of its agents and officials. Republic of Indonesia vs. Vinzon, 405 SCRA 126(2003)

It may at once be stated that even if the private respondent enjoys diplomatic immunity, a dismissal of the case cannot be ordered on the ground of lack of jurisdiction over his person, but rather for lack of a cause of action because even if he committed the imputed act and could have been otherwise made liable therefor, his immunity would bar any suit against him in connection therewith and would prevent recovery of damages arising therefrom. Minucher vs. Court of Appeals, 214 SCRA 242(1992)

Recognition by the executive department of state status conclusive upon the court. (HOLY SEE v. Rosario, 12/1/94)

EXCEPTIONS:

1. Waivera. Express Consent – by law-Act No. 3083; CA

327, amended by PD1445; but can’t be given by govt. lawyer-REPUBLIC V. PURISIMA, 78 SCRA 470

waiver of immunity does not mean liability; suability is not equivalent to liability; municipal corporations are suable because their charters grant them the competence to sue and be sued. Nevertheless, they are generally not liable for torts committed by them in the discharge of governmental functions and can be held answerable only if it can be shown that they were acting in a proprietary capacity. Municipality of San Fernando, La Union vs. Firme, 195 SCRA 692(1991)

b. Implied Consento state commences litigation seeking

affirmative relief-FROILAN V. PAN ORIENTAL, 9/30/50, but not if the intervention was merely to resist the claim (LIM V. BROWNELL, 107 Phil 345)

Restrictive theory holds that the immunity of the sovereign is recognized only with regard to public acts or acts jure imperii, but not with regard to private acts or acts jure gestionis. Republic of Indonesia vs. Vinzon, 405 SCRA 126(2003)]

Acts imperii: conduct of public bidding for the repair of a wharf at a

United States Naval Station (U.S. v. Ruiz, 136 SCRA 487)

or engaging services of security agency to protect its properties -Dept. of Agriculture v. NLRC, 11/11/93

TESDA performs governmental function of handling of formal and non-formal education and training, and skills development. Professional Video, Inc. vs. Technical Education and Skills Development Authority, 591 SCRA 83(2009)

Acts jure gestionis hiring of a cook in the recreation center catering to

American servicemen and the general public at the John Hay Air Station in Baguio City, U.S. v. Rodrigo, 182 SCRA 644

the bidding for the operation of barber shops in Clark Air Base in Angeles City. USA V. Guinto, 182 SCRA 644

Immunity of Government Agencies--Incorporated-see charter-Unincorporated- If PRIMARILY performing government

functions, NO- Bureau of Printing vs. Bureau of Printing Employees Assn., 1 Scra 340; MOBIL v. Customs Arrastre Service, 18 SCRA 1120;

2. No immunity if injustice results- Taking of property without filing expropriation case

and payment of just compensation. Ministerio v. Court of First Instance of Cebu, 40 SCRA 464, (1971)

Or recover possession of the portion of land in question at anytime because possession is one of the attributes of ownership. However, since restoration of possession of said portion by the

42

Page 43: Constitutional Law 1

government is neither convenient nor feasible at this time because it is now and has been used for road purposes, the only relief …due compensation. Amigable vs. Cuenca, 43 SCRA 360(1972)]

Failure to abide by the conditions under which a donation was given should not prove an insuperable obstacle to a civil action the consent likewise being presumed. SANTIAGO VS. REPUBLIC, 87 SCRA 294(1978)

Execution- State- Waiver of non-suability does not include

waiver against execution; the issuance of an alias writ of execution directed against the funds of the Armed Forces of the Philippines to satisfy a final and executory judgment is a nullity REPUBLIC v. VILLASOR, 54 SCRA 84

Same principle applies to local government units. Municipality of San Miguel v. Fernandez, 130 SCRA 56; but if the amount has been appropriated, funds of the municipal corporation may be garnished by way of exception. City of Caloocan v. Allarde, 410 SCRA 432; if there is unjustified refusal, Mandamus will lie. Municipality of Makati v. CA, 190 SCRA 206

Government agencies- Waiver of non-suability includes waiver against execution-PNB V. PABALAN, 83 SCRA 595

Miscellaneous:Referral to the COA for determination of the amount due based on quantum meruit for void contracts (not per se) which benefited the government. Vigilar vs. Aquino, 639 SCRA 772(2011)

Section 4. The Armed Forces of the Philippines shall be composed of a citizen armed force which shall undergo military training and serve, as may be provided by law. It shall keep a regular force necessary for the security of the State.

Section 5. (1) All members of the armed forces shall take an oath or affirmation to uphold and defend this Constitution.

(2) The State shall strengthen the patriotic spirit and nationalist consciousness of the military, and respect for people's rights in the performance of their duty.

(3) Professionalism in the armed forces and adequate remuneration and benefits of its members shall be a prime concern of the State. The armed forces shall be insulated from partisan politics.

No member of the military shall engage directly or indirectly in any partisan political activity, except to vote.

(4) No member of the armed forces in the active service shall, at any time, be appointed or designated in any capacity to a civilian position in the Government including government-owned or controlled corporations or any of their subsidiaries.

(5) Laws on retirement of military officers shall not allow extension of their service.

(6) The officers and men of the regular force of the armed forces shall be recruited proportionately from all provinces and cities as far as practicable.

(7) The tour of duty of the Chief of Staff of the Armed forces shall not exceed three years. However, in times of war or other national emergency declared by the Congress, the President may extend such tour of duty.

Section 6. The State shall establish and maintain one police force, which shall be national in scope and civilian in character, to be administered and controlled by a national police commission. The authority of local executives over the police units in their jurisdiction shall be provided by law.

Section 7. The State shall provide immediate and adequate care, benefits, and other forms of assistance to war veterans and veterans of military campaigns, their surviving spouses and orphans. Funds shall be provided therefor and due consideration shall be given them in the disposition of agricultural lands of the public domain and, in appropriate cases, in the utilization of natural resources.

Section 8. The State shall, from time to time, review to upgrade the pensions and other benefits due to retirees of both the government and the private sectors.

Section 9. The State shall protect consumers from trade malpractices and from substandard or hazardous products.

Section 10. The State shall provide the policy environment for the full development of Filipino capability and the emergence of communication structures suitable to the needs and aspirations of the nation and the balanced flow of information into, out of, and across the country, in accordance with a policy that respects the freedom of speech and of the press.

Section 11. (1) The ownership and management of mass media shall be limited to citizens of the Philippines, or to corporations, cooperatives or associations, wholly-owned and managed by such citizens.

The Congress shall regulate or prohibit monopolies in commercial mass media when the public interest so requires. No combinations in restraint of trade or unfair competition therein shall be allowed.

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

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

The participation of foreign investors in the governing body of entities in such industry shall be limited to their proportionate share in the capital thereof, and all the executive and managing officers of such entities must be citizens of the Philippines.

Section 12. The Congress may create a consultative body to advise the President on policies affecting indigenous cultural communities, the majority of the members of which shall come from such communities.

43

Page 44: Constitutional Law 1

ARTICLE XVIIAmendments or Revisions

Section 1. Any amendment to, or revision of, this Constitution may be proposed by:

(1) The Congress, upon a vote of three-fourths of all its Members; or(2) A constitutional convention.

Section 2. Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition of at least twelve per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters therein. No amendment under this section shall be authorized within five years following the ratification of this Constitution nor oftener than once every five years thereafter.

The Congress shall provide for the implementation of the exercise of this right.

Section 3. The Congress may, by a vote of two-thirds of all its Members, call a constitutional convention, or by a majority vote of all its Members, submit to the electorate the question of calling such a convention.

Section 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the approval of such amendment or revision.

C. AMENDMENT/ REVISIONa. PROPOSAL:1). Congress

-directly-3/4 votes; separately-call a constitutional convenion– 2/3 vote-refer the decision to the people-by majority vote

Congress, exercising its ordinary legislative power may provide of details of its Resolution as a constituent body for the amendment or revision to the Constitution.

2) by People's InitiativeDefensor-Santiago v. Comelec, 3/19/97; LAMBINO et al., vs. COMELEC, G.R. No. 174153, October 25, 2006 (on sufficiency of RA 6735; unavailability of initiative on revision)

b. RATIFICATION :Proper submission test-Gonzales v. Comelec, 21 SCRA 774-even in a regular election Tolentino v. Comelec, 41 SCRA 702-on ratification by installment ; Javellana v. Exec. Sec. 50 SCRA 30 [1973]

c. JUSTICIABILITY-Gonzales v. Comelec, supra; SANIDAD V. COMELEC, 73 SCRA 333

d. Constitutional convention as independent but co-equal to the other departments of government (MABANAG v. Lopez Vito, 78 Phil 1)

ARTICLE XVIIITransitory Provisions

Section 1. The first elections of the Members of the Congress under this Constitution shall be held on the second Monday of May, 1987.

The first local elections shall be held on a date to be determined by the President, which may be simultaneous with the election of the Members of the Congress. It shall include the election of all Members of the city or municipal councils in the Metropolitan Manila area.

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

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

Section 3. All existing laws, decrees, executive orders, proclamations, letters of instructions, and other executive issuances not inconsistent with this Constitution shall remain operative until amended, repealed, or revoked.

Section 4. All existing treaties or international agreements, which have not been ratified, shall not be renewed or extended without the concurrence of at least two-thirds of all the Members of the Senate.

Section 5. The six-year term of the incumbent President and Vice-President elected in the February 7, 1986 election is, for purposes of synchronization of elections, hereby extended to noon of June 30, 1992.

The first regular elections for the President and Vice-President under this Constitution shall be held on the second Monday of May, 1992.

Section 6. The incumbent President shall continue to exercise legislative powers until the first Congress is convened.

Section 7. Until a law is passed, the President may fill by appointment from a list of nominees by the respective sectors the seats reserved for sectoral representation in paragraph (2), Section 5 of Article VI of this Constitution.

Section 8. Until otherwise provided by the Congress, the President may constitute the Metropolitan Authority to be composed of the heads of all local government units comprising the Metropolitan Manila area.

Section 9. A sub-province shall continue to exist and operate until it is converted into a regular province or until its component municipalities are reverted to the mother province.

Section 10. All courts existing at the time of the ratification of this Constitution shall continue to exercise their jurisdiction, until otherwise provided by law. The provisions of the existing Rules of Court, judiciary acts, and procedural laws not

44

Page 45: Constitutional Law 1

inconsistent with this Constitution shall remain operative unless amended or repealed by the Supreme Court or the Congress.

Section 11. The incumbent Members of the Judiciary shall continue in office until they reach the age of seventy years or become incapacitated to discharge the duties of their office or are removed for cause.

Section 12. The Supreme Court shall, within one year after the ratification of this Constitution, adopt a systematic plan to expedite the decision or resolution of cases or matters pending in the Supreme Court or the lower courts prior to the effectivity of this Constitution. A similar plan shall be adopted for all special courts and quasi-judicial bodies.

Section 13. The legal effect of the lapse, before the ratification of this Constitution, of the applicable period for the decision or resolution of the cases or matters submitted for adjudication by the courts, shall be determined by the Supreme Court as soon as practicable.

Section 14. The provisions of paragraphs (3) and (4), Section 15 of Article VIII of this Constitution shall apply to cases or matters filed before the ratification of this Constitution, when the applicable period lapses after such ratification.

Section 15. The incumbent Members of the Civil Service Commission, the Commission on Elections, and the Commission on Audit shall continue in office for one year after the ratification of this Constitution, unless they are sooner removed for cause or become incapacitated to discharge the duties of their office or appointed to a new term thereunder. In no case shall any Member serve longer than seven years including service before the ratification of this Constitution.

Section 16. Career civil service employees separated from the service not for cause but as a result of the reorganization pursuant to Proclamation No. 3 dated March 25, 1986 and the reorganization following the ratification of this Constitution shall be entitled to appropriate separation pay and to retirement and other benefits accruing to them under the laws of general application in force at the time of their separation. In lieu thereof, at the option of the employees, they may be considered for employment in the Government or in any of its subdivisions, instrumentalities, or agencies, including government-owned or controlled corporations and their subsidiaries. This provision also applies to career officers whose resignation, tendered in line with the existing policy, had been accepted.

Section 17. Until the Congress provides otherwise, the President shall receive an annual salary of three hundred thousand pesos; the Vice-President, the President of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court, two hundred forty thousand pesos each; the Senators, the Members of the House of Representatives, the Associate Justices of the Supreme Court, and the Chairmen of the Constitutional Commissions, two hundred four thousand pesos each; and the Members of the Constitutional Commissions, one hundred eighty thousand pesos each.

Section 18. At the earliest possible time, the Government shall increase the salary scales of other officials and employees of the National Government.

Section 19. All properties, records, equipment, buildings, facilities, and other assets of any office or body abolished or reorganized under Proclamation No. 3 dated March 25, 1986 or this Constitution shall be transferred to the office or body to which its powers, functions, and responsibilities substantially pertain.

Section 20. The first Congress shall give priority to the determination of the period for the full implementation of free public secondary education.

Section 21. The Congress shall provide efficacious procedures and adequate remedies for the reversion to the State of all lands of the public domain and real rights connected therewith which were acquired in violation of the Constitution or the public land laws, or through corrupt practices. No transfer or disposition of such lands or real rights shall be allowed until after the lapse of one year from the ratification of this Constitution.

Section 22. At the earliest possible time, the Government shall expropriate idle or abandoned lands as may be defined by law, for distribution to the beneficiaries of the agrarian reform program.

Section 23. Advertising entities affected by paragraph (2), Section 11 of Article XVI of this Constitution shall have five years from its ratification to comply on a graduated or proportionate basis with the minimum Filipino ownership requirement therein.

Section 24. Private armies and other armed groups not recognized by duly constituted authority shall be dismantled. All paramilitary forces including Civilian Home Defense Forces not consistent with the citizen armed force established in this Constitution, shall be dissolved or, where appropriate, converted into the regular force.

Section 25. After the expiration in 1991 of the Agreement between the Republic of the Philippines and the United States of America concerning Military Bases, foreign military bases, troops, or facilities shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate and, when the Congress so requires, ratified by a majority of the votes cast by the people in a national referendum held for that purpose, and recognized as a treaty by the other contracting State.

VFA upheld-BAYAN vs. ZAMORA, 342 SCRA 449

BUT NICOLAS vs. ROMULO, 578 SCRA 438, [2009] struck down the KENNEY-ROMULO agreement on detention facilities.

Section 26. The authority to issue sequestration or freeze orders under Proclamation No. 3 dated March 25, 1986 in relation to the recovery of ill-gotten wealth shall remain operative for not more than eighteen months after the ratification of this Constitution. However, in the national interest, as certified by the President, the Congress may extend said period.

45

Page 46: Constitutional Law 1

A sequestration or freeze order shall be issued only upon showing of a prima facie case. The order and the list of the sequestered or frozen properties shall forthwith be registered with the proper court. For orders issued before the ratification of this Constitution, the corresponding judicial action or proceeding shall be filed within six months from its ratification. For those issued after such ratification, the judicial action or proceeding shall be commenced within six months from the issuance thereof.

The sequestration or freeze order is deemed automatically lifted if no judicial action or proceeding is commenced as herein provided.

Section 27. This Constitution shall take effect immediately upon its ratification by a majority of the votes cast in a plebiscite held for the purpose and shall supersede all previous Constitutions

Ratified: February 2, 1987

46