Memory Aid - POLITICAL final.doc

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SAN BEDA COLLEGE OF LAW, 2000-2001MEMORY AID IN POLITICAL LAW

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CONSTITUTIONALLAW

I. STATE a community of persons, more or less

numerous, permanently occupying adefinite portion of territory, independent of external controls, and possessing agovernment to which a great body of inhabitants render habitual obedience ( CIR v. Campos-Rueda, 42 SCRA 23).

Elements of a State:1. P eople inhabitants of the State, the

number of which is capable for self-

sufficiency and self-defense.2. T erritory fixed portion of the surface of theearth inhabited by the people of the State;

3. G overnment agency or instrumentalitythrough which the will of State is formulated,expressed and realized ( US v. Dorr, 2 Phil.332);

Functions :a. constituent compulsory becauseconstitutive of the very bonds of society.b. ministrant undertaken to advancegeneral interest of society ( Bacani v.NACOCO, 100 Phil. 468).

Government of the Philippine Islands isthe corporate governmental entity throughwhich the functions of government areexercised throughout the Philippines,including the various arms which politicalauthority is made effective [Sec. 2 (1)

Administrative Code of 1987].

Doctrine of Parens Patriae governmentas guardian of the rights of People(Government of Philippines Islands v. Montede Piedad, 35 SCRA 738).

Classification of governments:a. de jure has a rightful title but no

power or control, either, because samehas been withdrawn from it or becausesame has not yet actually entered intothe exercise thereof.

b. de facto actually exercises power or control but without legal title ( LawyersLeague for a Better Philippines v.

Aquino , G.R. No. 73748, May 22, 1986).

Kinds :

1. De facto proper government thatgets possession and control of, or usurps, by force or by the voice of the majority, the rightful legal

government and maintains itself against the will of the latter;

2. Government of paramount force established and maintained by

military forces who invade andoccupy a territory of the enemy inthe course of war; and

3. Independent governmentestablished by the inhabitants of thecountry who rise in insurrectionagainst the parent state ( Ko KimChan v. Valdez Tan Keh, 75 Phil.113).

4. Sovereignty supreme and uncontrollablepower inherent in a State by which that

State is governed. Kinds:

a. legal and political; andb. internal and external

Effect of Belligerent Occupation Thereis no change in sovereignty. However,political laws, except those of treason,are suspended; but municipal lawsremain in force unless changed by thebelligerent occupant. At the end of theoccupation, political laws areautomatically revived ( doctrine of jus

postliminium ) (Peralta v. Director of Prisons, 75 Phil. 285 ; Laurel v. Misa, 77Phil. 856).

FUNDAMENTALPOWERS OF THE STATE

Inherent Powers of the State:

I. POLICE POWER power promoting public welfare by

restraining and regulating the use of libertyand property ( Law of overrulingnecessity ).

Scope: most pervasive, least limitableand most demanding; premised on legalmaxim : salus populi est suprema lex

Basis: public necessity and right of State and of public to self- protection andself-preservation

Who may exercise: generally, thelegislature but also 1) the President, 2)

Administrative bodies, and 3) Law-makingbodies of LGUs

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Political law Memory Aid Committee: Jose Panganiban Jr., Saben Loyola, Marissa Saba, Brian Fernandez, Ma. JanisGarcia, VN Garcia, Elizabeth Adaoag, Ryan Besid, Liam Pagdanganan, Roy Reyes, Jerome Lanuzo, MaricrisPorciuncula, Rita Alfaro, Edward Ramos, Jun Nunag, VN Esguera, Pancho Vazquez, Ma. Penelope Terencio, JVOcampo, Ket Dino, Ma. Leonora R. Tabladillo


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II. POWER OF EMINENT DOMAIN

power of State to forcibly take privateproperty for public use upon payment of justcompensation

Scope : highest and the most exact idea of property

remaining in the government that may beacquired for some public purpose through amethod in the nature of compulsory sale tothe government ( expropriation )

Basis:

necessity of the property for public use

Who may exercise: generally, the legislature but also 1) thePresident, 2) Law-making bodies of LGUs,3) Public Corporations, and 4) Quasi-publicCorporations

There is taking when:

1. owner actually deprived or dispossessed of his property

2. there is practical destruction or a materialimpairment of value of property

3. owner is deprived of ordinary use of hisproperty, and

4. owner is deprived of jurisdiction, supervisionand control of his property

Requisites of taking:

1. expropriator must enter a private property;2. entry must be for more than momentary

period;3. entry must be under warrant or color of

authority;4. property must be devoted to public use; and5. utilization of property must be in a way so as

to oust owner and deprive him of beneficialenjoyment of the property.

Public Use

has been broadened to include not onlyuses directly available to the public but alsothose which redound to their indirect benefit.

Just Compensation

full and fair equivalent of the property taken

property, to which must be added theconsequential damages, minus theconsequential benefits, but in no case will

the consequential benefits exceed theconsequential damages

Fair market value the price that maybeagreed upon by parties who are willing but

are not compelled to enter into a contract of sale

Consequential damages consists of injuries directly caused on the residue of the private property taken by reason of expropriation

III. POWER OF TAXATION

power by which State raises revenue to

defray necessary expenses of theGovernment.

Scope:covers persons, property, or occupation to

be taxed within taxing jurisdiction

Basis:power emanating from necessity

Who may exercise:generally, the legislature but also 1) Law-

making bodies of LGUs, and 2) President,

under under Art. VI, Sec. 28 (2) of theConstitution

Limitations to Power of Taxation:

1. Inherent limitations Public purpose; Non-delegability of power; Territoriality or situs of taxation; Exemption of government from

taxation; and International comity.

2. Constitutional limitations Due process of law; Equal protection of law; Uniformity, equitability, and progressivity

of taxation Non-impairment of contracts; Rule on non-imprisonment for non-

payment of poll tax; Origin of appropriation, revenue, and

tariff bills; and Non-infringement of religious freedom.

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Distinction between tax and license fees

TAX LICENSE FEES

1. revenue measure 1. police measure

2. rate or amount to be collected unlimitedprovided not confiscatory

2. amount limited to cost of permit and policeregulation

3. imposed on persons or property 3. paid for privilege of doing something but privilegeis revocable

4. if unpaid, business or activity does notbecome illegal.

4. if unpaid, business becomes illegal

Distinctions (PP, ED, PT):

POLICE POWER EMINENT DOMAIN TAXATION

1. Regulates both liberty andproperty

Affects only property rights Affects only property rights

2. Exercised only by theGovernment

Maybe exercised by privateentities

Exercised only by theGovernment

3. Property taken is intendedfor a noxious purpose and isdestroyed

Property is wholesome and isdevoted to public use or purpose

Property is wholesome and isdevoted to public use or purpose

4. Compens-ation is theintangible, altruistic feelingthat the individual hascontributed to the publicgood

Compensati-on is full and fair equivalent of the property taken

Compensati-on is the protectionand public improvementsinstituted by the government for the taxes paid

Requisites (PP, ED, PT):

POLICE POWER EMINENT DOMAIN TAXATION

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1. Lawful subject2. Lawful means

When exercised by adelegate:

3. Express grant by law4. Within the territorial limits5. Must not be contrary to

law

1. Necessity- if exercised by

congress: politicalquestion

- if exercised bydelegate: justiciablequestion

2. private property3. taking in the

constitutional sense4. public use5. just compensation6. due process of law

1. tax must be for public purpose2. tax shall be uniform3. either the person or property taxed

shall be within the jurisdiction of taxing authority

4. that in assessment and collection of certain taxes, certain guaranteesagainst injuries to individuals,especially by way of notice andopportunity for hearing shall beprovided

Article I : NATIONAL TERRITORY

I. TERRITORY OF THE PHILIPPINES:1. Philippine archipelago, with all the islands

and waters embraced therein;2. all other territories over which the

Philippines has sovereignty or jurisdiction,consisting of its:

terrestrial; fluvial; and aerial domain;

3. including its: sea bed; subsoil; insular shelves; and other marine areas.

4. Waters: around; between; and connecting

- the islands of the archipelago,regardless of

(i) breadth; and(ii) dimensions

form part of the internal waters of the Philippines.

Archipelago Doctrine integration of a groupof islands to the sea and their oneness sothat together they can constitute one unit ,one country, and one state. An imaginary single baseline is drawn around the islandsby joining appropriate points of theoutermost islands of the archipelago withstraight lines. Such that all islandsenclosed within the baseline form part of theterritory and the waters around, betweenand connecting the islands of thearchipelago regardless of their breadth anddimensions, form part of the internal watersof the Philippines(2 nd sentence, Sec. 1, Art. 1).

II. Territorial Jurisdiction

power of the state over persons and thingwithin its territory.

Entities exempt from this control are :

1. Foreign states, head of states, diplomaticrepresentatives, and to certain degree,consuls;

2. Foreign state property, including their embassies, consulates and publicvessels engaged in non-commercialactivities;

3. Acts of states;4. Foreign merchant vessels exercising

their rights of innocent passage or involuntary entry, such as arrival under distress;

5. Foreign armies passing through or

stationed in its territory with itspermission; and6. Such other persons and property, over

which the state may, by agreement,waive jurisdiction (Nachura, Reviewer inPolitical Law , 1996 ed., p. 18).

Article II : PRINCIPLES ANDSTATE POLICIES

I. SEPARATION OF POWERS

to prevent concentration of authority inone person or group of persons that mightlead to irreparable error or abuse in exerciseto the detriment of republican institutions(Pangasinan Transportation Co. v. Public Service Commission , 40 O.G. 8 th Supp. 57).

dictates interdependence and equalityamong the 3 branches of government.

There are instances when powers are notconfined exclusively within one department

but are assigned to or shared by severaldepartments. This is commonly called theBlending of Powers (Nachura, Reviewer inPolitical Law , 1996 ed., p. 37).

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The principle of check and balances :allows one department to resistencroachments upon its prerogatives or torectify mistakes or excess committed by theother departments.

II. DELEGATION OF POWERS

GEN. RULE: Potestas delegata non potest delegare premised on the ethical principle that

delegated power constitutes not only a rightbut a duty to be performed by the delegatethrough the instrumentality of his own

judgment and not through the interveningmind of another.

EXCEPTIONS:Permissible delegation: (Key: PETAL)

T 1. Tariff powers of the President [Sec. 28(2), Art. VII]

E 2. Emergency powers of President [Sec.23 (2), Art. VII]

P 3. Delegation to the people [Sec. 32, Art.VI; Sec. 10, Art. X; Sec. 2,

Art. XVII; RA 6753].

Kinds of permissive delegation to thepeople :a. referendum power of electorate

to approve or reject a legislationthrough an election called for thatpurpose;

b. plebiscite electoral process bywhich initiative on the Constitution isapproved or rejected by the people.

L 4. Delegation to Local Government units(Art X; RA 7160); and

A 5. Delegation to administrative bodies(power of subordinate

legislation).

Tests for Valid Delegation:1. Completeness test law must be complete

in all essential terms and conditions so thatthere is nothing for delegate to do exceptenforce it;

2. Sufficient standard test map out theboundaries of delegates authority by

defining legislative policy and indicatingcircumstances under which it is to bepursued ( Pelaez v. Auditor General , 15SCRA 569).

III. STATE PRINCIPLESREGARDING FOREIGN POLICY(SEC. 2, ART. II)

1. renounces war as an instrument of nationalpolicy;

2. adopts the generally accepted principles of international law as part of the law of theland ( incorporation clause ); and

3. adheres to the policy of peace, equality, justice, freedom, cooperation, and amity withall nations.

IV . SEPARATION OF CHURCHAND

STATE (SEC. 6, ART. II)

Reinforced by:1. Freedom of religion clause (Sec. 5, Art.

III);2. Non-establishment of religion clause;3. Religious sect cannot be registered as

political party [Sec. 2 (5) Art. IX-C); and4. No sectoral representative from religious

sector [Sec. 5 (2), Art. VI].

Exceptions:1. Churches, personages, etc., actually,

directly and exclusively used for

religious, charitable and educationalpurposes shall be exempt from taxation[Sec. 28 (3), Art. VI];

2. Optional religious instruction for publicelementary and high school students[Sec. 3 (3), Art. XIV];

3. Prohibition against appropriation for sectarian purposes, except when, priestetc., is assigned to

the armed forces, or to any penalinstitution or government orphanage or leprosarium [Sec. 29 (2), Art. VI];

4. Filipino ownership requirement for educational institutions, except thoseestablished by religious groups andmission board [Sec. 4 (2), Art. XIV].

V. AUTONOMY OF LOCALGOVERNMENTS(SEC. 25, ART. II; ART. X)

Decentralization of Administration delegation of administrative powers to localgovernment unit in order to broaden the base of governmental powers.

Decentralization of Powers abdication of national government powers ( Limbonas v.Mangelin , 170 SCRA 786).

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Article VI : LEGISLATIVEDEPARTMENT

I. LEGISLATIVE POWER power to propose, enact, amend and

repeal laws. Vested in Congress , except to the

extent reserved to the people byprovision on initiative and referendum.

A. Initiative power of the people topropose amendments to the Constitution or to propose and enact legislation through anelection called for the purpose (RA 6736).

Classes of initiative:1. Initiative on the Constitution refers to a

petition proposing amendments to theConstitution;

2. Initiative on Statutes refers to apetition proposing to enact a nationallegislation;

3. Initiative on Local Legislation refers tothe petition proposing to enact aregional, provincial, city, municipality or

barangay law, resolution or ordinance.

Limitations:a. power of local initiative shall not be

exercised more than once a year;b. initiatives shall extend only to

subjects or matters which are withinthe legal powers of the locallegislative bodies to enact; and

c. if at anytime before the initiative isheld, the local legislative body shalladopt in toto the propositionpresented, the initiative shall be

cancelled.

Limitation on Local Legislative Bodyvis-avis Local Initiative : Anyproposition or ordinance approvedthrough an initiative and referendumshall not be repealed, modified or amended by the sanggunian within 6months from the date of approvalthereof, and may be amended , modifiedor repealed within 3 years thereafter bya vote of of all its members. In caseof barangays, the period shall be 18months after approval. (Sec. 125, RA7160)

Indirect Initiative exercise of initiativeby the people through a proposition sent to

Congress or the local legislative body for action.

B. Referendum power of the electorate toapprove or reject legislation through an

election called for that purpose.

Classes of Referendum:1. Referendum on Statutes refers to a

petition to approve or reject an act or law, or part thereof, passed byCongress; and

2. Referendum on Local Laws refers to apetition to approve or reject a law,resolution or ordinance enacted byregional assemblies and local legislativebodies.

Plebiscite submission of constitutionalamendments or important legislativemeasure to the people for ratification.

II. COMPOSITION OF CONGRESS(SEC. 1, ART. VI)

1. Senate

Composition : 24 Senators elected atlarge by qualified voters (Sec. 2, Art VI)

Qualifications of Senators1. Natural-born citizen;2. At least 35 years old on the day of

election;3. Able to read and write ;4. A registered voter ; and5. Resident for not less than 2 years

immediately preceding the day of theelection

Term of Office: 6 years ; maximum of 2consecutive terms (Sec. 3, Art. VI)

2. House of Representatives

Composition : not more than 250members, unless otherwise provided bylaw, consisting of :a. District Representative elected

from legislative districts apportionedamong provinces, cities and MetroManila area.

b. Party-list Representative constitutes 20% of total number of representatives, elected through aparty-list system of registerednational, regional and sectoralparties or organizations [Sec. 5 (1)and (2), Art. VI].

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For 3 consecutive terms after ratificationof Constitution, one half of all seatsallocated to party-list representativesshall be filled by selection from thelabor, peasant, etc., except religious

sector. Until law is passed providing for such party-list system, President mayappoint them, subject to confirmation of Commission on Appointments (Sec. 7,

Art. XVIII)

Qualifications of Representatives(Sec. 6, Art. VI)1. Natural-born citizen;1. At least 25 years old on the day of

election;2. Able to read and write ;3. Except party-list representative,

registered voter of district; and4. Resident thereof for not less than 1 year

from day of election.

Term of Office : 3 years; maximum 3consecutive terms (Sec. 7, Art. VI)

Rules on Apportionment of LegislativeDistricts [Sec. 5 (3) and (4), Art. VI]1. Maintain proportional representation

based on number of inhabitants; Each city with not less than 250

thousand inhabitants, entitled to atleast 1representative;

Each province, irrespective of thenumber of inhabitants, entitled to atleast 1 representative.

2. Each district must be contiguous,compact and adjacent. Gerrymanderingis not allowed;

Gerrymandering formation of onelegislative district out of separateterritories for the purpose of favoring acandidate or a party (Bernas, Reviewer

in Philippine Constitution , P. 186)

3. Reapportionment within 3 yearsfollowing return of every census.

III. PRIVILEGES OF MEMBERS OFCONGRESS (SEC. 11, ART. VI)

1. Freedom from arrest while Congress is insession for offense punished by not morethat 6 years imprisonment (Art. 145, RPC)

2. Privilege of speech and of debate not tobe questioned nor held liable in any other place for any speech or debate in Congressor in any committee thereof.

IV. DISQUALIFICATION ANDINHIBITIONS (SEC. 13, ART.VI)

1. Incompatible Office may not hold officeor employment in government during histerm without forfeiting his seat;

2. Forbidden Office may not be appointedto any office created or compensationthereof increased during the term for whichhe was elected;

3. Cannot appear as counsel before any courtor before the Electoral Tribunals, quasi-

judicial or other administrative bodies;4. Shall not , directly or indirectly, be

financially interested in any contract with,franchise or special privilege granted by the

Government;5. Shall not intervene in any matter beforeany office in government for his pecuniarybenefit or where he may be called upon toact on account of his office.

IV. SESSIONS(SEC. 14, ART. VI)

1. Regular convene once every year. The 4 th

Monday of July until 30 days before the startof new regular session;

2. Special called by the President;3. Joint sessions

a. voting separately(i) choosing the President (Sec. 4, Art.

VII);(ii) determine Presidents disability

(Sec. 11, Art. VII);(iii) confirming nomination of Vice-

President (Sec. 9, Art. VI);(iv) declaring existence of a state of

war (Sec. 23, Art. VI);(v) proposing constitutional

amendments (Sec. 1, Art. XVII).

b. voting jointly (1) to revoke or extend proclamation

suspending the privilege of writ of habeas corpus (Sec. 18, Art. VI);

(2) to revoke or extend declaration of martial law (Sec. 18, Art. VI).

4. Adjournment neither Chamber duringsession, without the consent of the other,adjourn for more than 3 days, nor any other place than that in which the two Chambersshall be sitting [Sec. 16 (5), Art. VI].

Adjournment Sine Die interval betweenthe session of one Congress and that of another.

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VI. OFFICERS [SEC. 16(1), ART.VI]

Senate : Senate President elected by majority

vote of respective members Such other officers as they may deem

necessary

House of Representative: Speaker of the House elected by

majority vote of respective members; Such other officers as they may deem

necessary

VII. QUORUM[SEC. 16 (2), ART. VI)] Majority of each house Smaller number may adjourn from day to

day and may compel attendance.

VIII. DISCIPLINE OF MEMBERS[SEC. 16 (3), ART. VI]

Each house may punish its members for disorderly behavior, and, with theconcurrence of 2/3 of all its members,suspend (for not more than 60 days) or expel a member.

IX. MATTERS MANDATED BYCONSTITUTION TO BEENTERED INTO THE JOURNAL[SEC. 16 (4), ART. VI]

1. yeas and nays on third and final reading of abill;

2. veto message of President;3. yeas and nays on repassing a bill vetoed by

President; and4. yeas and nays on any question at therequest of 1/5 of members present.

Enrolled Bill conclusive upon courts asregards the tenor of the measure passed byCongress and approved by the President(Mabanag v. Lopez Vito , 78 Phil. 1)

NOTE: Journal Entry vs. Enrolled Bill Enrolled bill prevails, except to matters,

which under the Constitution, must beentered into the Journal ( Astorga v. Villegas ,

56 SCRA 714)

X. CONGRESSIONAL ELECTORALTRIBUNALS (SET OR HRET)(SEC. 17, ART. VI)

Composition: 3 Supreme Court Justices designated by

Chief Justice; and 6 members of the Chamber concerned

(Senate or HR) chosen on the basis of proportional representation from politicalparties registered under the party-list system

Senior Justice shall act as Chairman.Member chosen by Chamber concernedenjoys security of tenure and cannot beremoved by mere change of partyaffiliation

Power of Electoral Tribunals: Sole judge of all contests relating to the

election, returns and qualification of their respective members.

XI. COMMISSION ONAPPOINTMENTS(SEC. 18, ART. VI)

Composition: 12 Senators and 12 members of the House

of Representative, elected by each house onthe basis of proportional representation fromthe political parties registered under theparty-list system represented therein.

Senate President as ex-officio chairman.Chairman shall NOT vote except in caseof tie.

Powers: Shall act on all appointments submitted to it

within 30 session days of Congress fromtheir submission; and

Power to promulgate its own rules of proceedings.

XII. POWERS OF CONGRESS

Classification of Powers:

1. Legislative - includes specific power of appropriation, taxation and expropriation;

2. Non-Legislative includes power to:

a. canvass presidential elections;b. declare existence of a state of war;

c. give concurrence to treaties andamnesties;d. propose constitutional amendments;e. impeach;

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f. revoke or extend proclamation of suspension of privilege of writ of habeascorpus or declaration of martial law (torevoke = legislative veto)

Limitations on the Powers of Congress:1. Substantive

a. Express:(i) bill of rights (Art. III)(ii) on appropriations [Sec. 25 and

29 (1) and (2), Art. VI](iii) on taxation [Sec. 28 and 29 (3),

Art. VI; Sec 4 (3), Art. XIV](iv) on constitutional appellate

jurisdiction of Supreme Court(Sec. 30, Art. VI)

(v) no law granting title of royalty or nobility shall be passed (Sec.

31, Art. VI)(vi) no specific funds shall beappropriated or paid for use or benefit of any religion, sect, etc.,except for priests, etc., assignedto AFP, penal institutions, etc.

b. Implied:(i) prohibition against irrepealable

laws; and(ii) non-delegation of powers.

2. Procedural a. only one subject, to be stated in the title

of the bill [Sec. 26(1), Art. VI]; and

b. 3 readings on separate days; printedcopies of the bill in its final formdistributed to members 3 days before itspassage, except if President certifies toits immediate enactment to meet apublic calamity or emergency; upon itslast reading , no amendment allowedand the vote thereon taken immediatelyand the yeas and nays entered into theJournal [Sec. 26(2), Art. VI];

c. appropriation, revenue and tariff bill(RAT Bills ) should exclusively originateform the House of Representative (Sec.24, Art. VI)

Power of Appropriation Appropriations Law a statute, the primary and specific purpose

of which, is to authorize release of publicfunds from treasury.

Implied Limitations on Appropriation Power:1. must specify public purpose;2. sum authorized for release must be

determinate, or at least determinable.

Constitutional Limitations on Special Appropria tions Measures:

1. must specify public purpose for which thesum was intended;

2. must be supported by funds actuallyavailable as certified by National Treasurer or to be raised by corresponding revenue

proposal included therein.

Constitutional Rules on General Appropriations Laws (Sec. 25, Art. VI)1. Congress may not increase appropriations

recommended by the President for operations of Government;

2. Form, content and manner of preparation of budget shall be provided by law;

3. No provision or enactment shall beembraced unless it relates specifically tosome particular appropriations therein;

4. Procedure for approving appropriations for

Congress shall be the same as that of other departments to prevent sub-rosaappropriations by Congress.

5. Prohibition against transfer of appropriations(doctrine of augmentation ), however:a. President;b. Senate President;c. Speaker of the House of

Representative;d. Chief Justice; ande. Heads of Constitutional Commissions may, by law, be authorized to augment

any item in the general appropriations

law for their respective offices fromsavings in other items of their respectiveappropriations.

6. Prohibitions against appropriations for sectarian benefit;

7. Automatic re-appropriation.

Legislative Investigation Limitations on Power of LegislativeInvestigation (Sec. 21, Art. VI)1. must be in aid of legislation;2. in accordance with duly published rules of

procedures; and

3. right of person appearing in, or affected bysuch inquiry shall be respected.

XIII. LEGISLATIVE PROCESS

Requirement : Bill must have only one subjectwhich must be stated in the title thereof.

Bills that must originate form the Houseof Representative :1. Appropriations bill2. Revenue and tariff bills3. Bill authorizing increase in public debts;4. Bill of local application; and5. Private bills

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Approval of Bills:1. Bill is approved by both chambers;2. President approves and signs it; and3. If President vetoes, return bill with

presidential objections to the house of origin.

Veto may be overridden upon vote of 2/3 of all members of the House of origin and other house;

4. Presidential inaction for 30 days from receiptof the bill: bill becomes a law as if the samehas been signed by him

Presidential Veto

General Rule : If the President disapproves abill enacted by Congress, he should veto theentire bill. He is not allowed to separate items of

a bill.

Exception : Item-veto in the case of appropriation, revenue, and tariff bills [Sec. 27(2), Art. VI].

Exceptions to the exception :

a. Doctrine of Inappropriate Provisions a provision that is constitutionallyinappropriate for an appropriation billmay be singled out for veto even if it isnot an appropriation or revenue item(Gonzales v. Macaraig, Jr. , 191 SCRA452).

b. Executive Impoundment - refusal of the President to spend funds alreadyallocated by Congress for specificpurpose ( Philconsa v. Enriquez , 235SCRA 544).

Article VII :EXECUTIVE DEPARTMENT

I. THE PRESIDENT

Qualifications (Sec. 2, Art. VII)1. natural-born citizen;2. registered voter;3. able to read and write;4. at least 40 years of age; and5. resident of the Philippines for at least 10

years immediately preceding the election.

Election : elected at large by direct vote (Sec.4, Art. VI)

Canvassing Board : Congress In case of Tie: Congress, by majority vote

shall select

Electoral Tribunal : Supreme Court

Term of Office : 6 years, no re-election andperson having succeeded as President and hasserved as such for more than 4 years notqualified for the same office at any time.

Manner of Removal : impeachment only(Sec. 2 and 3, Art XI)

Salary : determined by law and can not beincreased during his term.

Prohibitions and Inhibitions(Sec. 6 and 13, Art. VII)1. shall not receive other emolument from

government or any other source;2. shall not hold any other office or

employment unless otherwise provided bythe Constitution;

3. shall not practice any other profession,participate in any business, or be financiallyinterested in any contract with, or in anyfranchise or special privilege granted bygovernment or any subdivision, agency or instrumentality thereof, including, GOCCs or their subsidiaries;

4. avoid conflict of interest in conduct of office;and

5. avoid nepotism.

Privileges1. Official Residence2. Salary3. Immunity from Suit

Vacancy during term of office

CAUSES:1. Death2. Permanent Disability3. Removal from Office4. Resignation

II. THE VICE-PRESIDENT

Qualifications, election, term of office, andremoval: same as President (Sec. 3, Art.VII). No VP shall serve for more than two

consecutive terms. VP may be appointed as member of the

Cabinet; need not be confirmed. Vacancy President shall nominate a VP

from among members of Senate and House

of Representatives who shall assume officeupon confirmation by a majority vote of allmembers of both Houses of Congress votingseparately (Sec. 9, Art. VII).

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III. POWERS OF THE PRESIDENT

1. EXECUTIVE POWER power to enforceand administer laws. Presidents power of general

supervision over local governmentscould be exercised by him only as maybe provided by law.

President shall ensure that laws arefaithfully executed.

Until and unless a law is declaredunconstitutional , President has a dutyto execute it regardless of his doubts asto its validity (Sec.1 and 17 Art. VII)

2. POWER OF APPOINTMENT

Classifications:1. permanent or temporary;2. regular or interim

Officials subject to the Appointment bythe President (Sec. 16, Art. VII)1. heads of executive departments;2. ambassadors and other public ministers

and consuls;3. officers of the AFP from the rank of

colonel or naval captain;4. other ministers whose appointments are

vested in him by the Constitution;NOTE: numbers 1 to 4: subject toconfirmation by Commission of

Appointments.(Sarmiento vsMison)

5. all other officers of the governmentwhose appointments are not providedfor by law; and

6. those whom he may be authorized bylaw to appoint.

Appointing Procedures:1. nomination by the President;2. confirmation by the Commission on

Appointments;3. issuance of commission; and4. acceptance by appointee.

Deemed complete upon acceptance(Lacson vs Romero 84 Phil 740)

Limitations on Appointing Power:a. appointments made by an acting-

President shall remain effective unlessrevoked within 90 days from assumptionof office by elected President (Sec. 14,

Art. VII); andb. President or acting-President shall not

make appointments except temporaryones to executive positions 2 monthsimmediately before next Presidentialelections and up to the end of his term.Only when continued vacancy will

prejudice public service or endanger public safety (Sec. 15, Art. VII).

3. POWER OF REMOVAL

General rule : this power is implied from thepower to appoint.

Exception : those appointed by him wherethe Constitution prescribes certain methodsfor separation from public service.(e.g.members of Supreme Court.Ombudsmanan.etc.)

4. POWER OF CONTROLControl power of an office to:

Alter, Modify, Nullify, or Set asidewhat a substitute had done in theperformance of his duties and tosubstitute his judgment to that of theformer ( Mondano v. Silvosa , 97 Phil,143).

Doctrine of Qualified Political Agency or Alter Ego Principle

acts of the Secretaries of Executivedepartments when performed andpromulgated in the regular course of business or unless disapproved or reprobated by the Chief Executive, arepresumptively the acts of the Chief Executive ( Villena vs Sec. of the Interior 67 Phil 451) ).

5. MILITARY POWERS (SEC. 18, ART. VIII)a. Commander-in Chief clause

To call out the Armed Force toprevent or suppress lawlessviolence, invasion or rebellion;

organize courts martial and createmilitary commissions.

b. Suspension of the Privilege of Writ of Habeas Corpus and Declaration of Martial Law

Grounds : invasion or rebellion. Duration : not more than 60 days,

following which it shall be lifted,unless extended by Congress.

Duty of the President to report toCongress: within 48 hourspersonally or in writing.

Authority of Congress to revokeor extend the effectivity of

proclamation: by majority vote of all of its members voting jointly.

Authority of the Supreme Court toinquire into the sufficiency of the

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factual basis for such action, at theinstance of any citizen.

Proclamation does NOT affect theright to bail.

Suspension applies only to personsfacing charges of rebellion or offenses inherent in or directlyconnected with invasion.

Person arrested must be chargedwithin 3 days; if not, must bereleased.

Proclamation does not supersedecivilian authority.

6. PARDONING POWER(SEC. 19, ART. VII)

Exercise by the President discretionary,may not be controlled by the legislature or reversed by the court, unless there is aconstitutional violation.

Limitations:1. cannot be granted in cases of

impeachment;2. cannot be granted in violations of

election laws without favorablerecommendations of the COMELEC;

3. can be granted only after convictions byfinal judgment (except amnesty);

4. cannot be granted in cases of legislative

contempt or civil contempt;5. cannot absolve convict of civil liability;and

6. cannot restore public offices forfeited.

PARDON act of grace which exemptsindividual on whom it is bestowed frompunishment which the law inflicts for acrime he has committed.

Commutation reduction or mitigation of the penalty.

Reprieve postponement of sentence or stay of execution.

Parole release from imprisonment, butwithout full restoration of liberty, asparolee is in the custody of the lawalthough not in confinement.

Amnesty act of grace, concurred in by theLegislature, usually extended to groups of persons who committed political offenses,which puts into oblivion the offense itself.

Pardon Classified:1.Plenary or partial; and2.Absolute or conditional.

Distinctions:

AMNESTY PARDON

1. Political offenses 1. infraction of peace

2. Classes of persons

2. individuals

3. Requiresconcurrence of Congress

3. does not requireconcurrence of Congress

4. Public act towhich court maytake judicialnotice of

4. private act whichmust be pleadedand proved

5. Looks backwardand puts tooblivion theoffense itself

5. looks forward andrelieves thepardonee of theconsequence of the offense.

7. BORROWING POWER (SEC. 20, ART. VII) the President may contract or guarantee

foreign loans on behalf of the Republicwith the concurrence of the MonetaryBoard, subject to such limitations as

may be provided by law. Monetary Board shall submit toCongress report on loans within 30 daysfrom end of every quarter.

8. DIPLOMATIC POWER (SEC. 21, ART. VII) No treaty or international agreement

shall be valid and effective unlessconcurred in by at least 2/3 of allmembers of Senate.

9. BUDGETARY POWER (SEC. 22, ART. VII) within 30 days from opening of every

regular session, President shall submit

to Congress a budget of expendituresand sources of financing, includingreceipts from existing and proposedrevenue measures.

10. INFORMING POWER (SEC. 23, ART. VI) President shall address Congress at the

opening of its regular session. Presidentmay also appear before it at any other time.

11. RESIDUAL POWER Whatever is not judicial; whatever is not

legislative; is residual power exercisedby the President (Marcos v. Manglapus,1989)

12. OTHER POWERS

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1. call Congress to a special session(Sec. 15, Art. VI);

2. power to approve or veto bills (Sec.27, Art. VI);

3. power to deport aliens (Sec. 2 (2),

Art. IX-C);4. consent to deputization of government personnel by COMELEC(Sec.2 (8), Art. IX-C);

5. to d iscipline such deputies (Sec. 2(8), Art. IX-C);

6. general supervision over localgovernment units and autonomousregional governments (Art. X).

7. by delegation from Congress,exercise emergency (Sec. 23 (2), Art.VI) and tariff powers (Sec. 28 (2), Art.VI) and

Conditions for the Exercise of thePresident of Emergency Powers:

1. emergency powers of the President can beexercised only in times of war or nationalemergency;

2. there must be a law authorizing President toexercise emergency powers;

3. exercise must be for a limited period;4. must be subject to restrictions which

Congress may provide; and5. exercise must be necessary and proper to

carry out a declared national policy.

Article VIII :JUDICIAL DEPARTMENT

I I. JUDICIAL POWER duty of courts of justice to settle actual

controversies involving rights which arelegally demandable and enforceable, and todetermine whether or not there has been agrave abuse of discretion amounting to lack

or excess of jurisdiction on the part of anybranch or instrumentality of government(Sec. 1, par.2, Art. VIII).

Judicial power is vested in:1. One Supreme Court; and2. Such lower courts as may be established by

law (Sec. 1, Art. VIII).

Jurisdiction - power to hear and decide acase and execute decision thereof.

Safeguards that guarantee Independence of Judiciary:1. SC is a Constitutional body; may not be

abolished by law;2. Members are only removable by

impeachment ;

3. SC may not be deprived of minimum andappellate jurisdiction ; appellate

jurisdiction may not be increased withoutits advice or concurrence;

4. SC has administrative supervision over all

inferior courts and personnel;5. SC has exclusive power to discipline judges/justices of inferior courts;

6. Members of judiciary enjoy security of tenure ;

7. Members of judiciary may not bedesignated to any agency performingquasi-judicial or administrative functions;

8. Salaries of judges may not be reduced; judiciary enjoys fiscal autonomy ;

9. SC alone may initiate Rules of Court ;10. SC alone may order temporary detail of

judges ; and

11. SC can appoint all officials andemployees of the Judiciary (Nachura,Reviewer in Political Law , p. 154).

II. APPOINTMENT TO THEJUDICIARY:

Qualifications : of proven competence ,integrity , probity and independence . (Key :CIPI )

a. Chief Justice and Associate Justicesof the Supreme Court :1. Natural-born citizen;2. At least 45 years old;3. 15 years or more a judge of a lower

court or engaged in the practice of law in the Philippines;

b. Presiding Justice and AssociateJustices of the Court of Appeals : Same qualifications as those

provided for Justice of the SupremeCourt;

c. Regional Trial Court Judges :1. Natural-born citizen;2. At least 35 years old; and3. Has been engaged for at least 10

years in the practice of law in thePhilippines or has held public officein the Philippines requiringadmission to the practice of law asan indispensable requisite.

d. Metropolitan, Municipal andMunicipal Circuit Trial Court Judges :1. Natural-born citizen;2. At least 30 years old; and3. Has been engaged for al least 5

years in the practice of law in thePhilippines or has held public officein the Philippines requiring

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admission to the practice of law asan indispensable requisite.

Procedure in Appointment:

1. Appointed by President from among a list of at least 3 nominees prepared by Judicialand Bar

2. Council for every vacancy.

3. For lower courts, President shall issue theappointment 90 days from submission of thelist.

Tenure of Justices and Judgesa. Supreme Court hold office until they

reach 70 years of age or becomeincapacitated to discharge their duties. May be removed only through

impeachment.

a. Lower Courts hold office during goodbehavior until they reach 70 years of age or

become incapacitated to discharge their duties (Sec. 11, Art. VIII). By majority vote of members who

actually took part in the deliberation onthe issues and voted thereon, SC enbanc shall have the power to discipline

judges of lower courts or order their dismissal.

NOTE: No law shall be passed reorganizing theJudiciary when it undermines the security of tenure of its members (Sec. 2, Art. VIII).

III. JUDICIAL AND BAR COUNCIL

Composition: Ex-officio chairman

- Chief Justice of SC Ex-officio members

- Secretary of Justice- Representative of Congress

Regular members- Representative of the IBP;- Professor of Law;

- Retired member of SC; and- Representative of private sector Secretary de officio

- Clerk of the Supreme Court

Appointment Regular members shall be appointed by the

President for a 4 year term with the consentof the Commission on Appointments.

Powers and Functions of Judicial and Bar Council Recommend appointees to the judiciary; May exercise such other functions as may

be assigned by Supreme Court (Sec. 8, Art.VIII)

IV. SUPREME COURT

Composition: Chief Justice and 14 Associate Justices

- may sit en banc or in its discretion, indivisions of 3, 5, or 7 members.

- Any vacancy shall be filled within 90days from occurrence thereof

Powers of the Supreme Court

1. Original Jurisdiction Over cases affecting ambassadors,

other public ministers and consuls; Over petition for (CPM) certiorari ,

Prohibition, Mandamus , Quo Warranto ,and Habeas Corpus ; and

Review of factual basis for thedeclaration of martial law or suspensionof the privilege of writ of habeas corpus.

2. Appellate Jurisdiction Over final judgments and orders of

lower courts in 5 sets of casesenumerated in Section 5 (2d), Art. VIII)

Covers only final orders or judgmentsof lower courts.

4. Temporary assignments of judges of lower courts to others stations as publicinterest may require. Not to exceed 6months without the consent of the judgeconcerned.

4. Order change of venue or place of trial, toavoid miscarriage of justice.

5. Rule-making power promulgates rulesconcerning: protection and enforcement of

constitutional rights; pleading, practice and procedures in all

courts; admissions to the practice of law; Integrated Bar of the Philippines; and legal assistance to the underprivileged.

Limitations on rule making power :a. provide a simplified and inexpensive

procedure for seedy disposition of cases;

b. uniform for all courts in the same grade;andc. shall not diminish, increase or modify

substantive rights.

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6. Power of appointment SC appoints all officials and employees

of the Judiciary in accordance with CivilService Law;

7. Power of administrative supervision SC shall have administrative supervision

over all courts and the personnelthereof.

8. Yearly report Within 30 days from the opening of each

regular session of Congress, SC shallsubmit to the President and Congressan annual report on the operation andactivities of the Judiciary.

V. POWER OF JUDICIAL REVIEW Power of the courts to test validity of

executive and legislative acts if same are inaccordance with the Constitution. Anexpression of supremacy of Constitution( Angara v. Electoral Tribunal , 63 Phil. 139).

Judicial Power-includes:b. duty of courts to settle actual

controversies involving rights which arelegally demandable and enforceable; and

c. to determine whether or not there has beena grave abuse of discretion amounting tolack or excess of jurisdiction on part of anybranch or instrumentality of government(Sec. 1, Art. VIII).

Grave Abuse of Discretion Amounting toLack of Jurisdiction capricious andwhimsical exercise of judgment. The abuseof discretion must be patent and gross as toamount to an evasion of positive duty or virtual refusal to perform a duty enjoined bylaw, or to act at all in contemplation of law,as where the power is exercised in anarbitrary and despotic manner by reason of passion or hostility ( Kapatiran ng MgaNaglilingkod Sa Pamahalaan ng Pilipinas v.Tan , June 1988).

JUSTICIABLEQUESTION

POLITICALQUESTION

a given right,legallydemandable andenforceable, anact or omissionviolative of suchright, and aremedy grantedby law for said

those questionswhich, under theConstitution, are tobe decided by thepeople in their sovereign capacity;or in regard towhich fulldiscretionary

breach of right.( Casibang vs

Aquino 92 SCRA642)

authority has beendelegated to thelegislature or executivebranches of

government. (Tanada vs.

Cuenco 100 PHIL.1101)

Requisites of Judicial Review: (Key : CPON )

1. Actual case or controversy;2. Constitutionality of statute must be raised by

the proper party ;3. Constitutional question must be raised at the

earliest opportunity ; and4. Determination of constitutionality of the

statute must be necessary to a finaldetermination of the case.

Period for Decision (Sec. 15, Art. VIII) All cases filed after the effectivity of the

Constitution must be decided or resolved,from the date of submission, within:a. SC 24 monthsb. Lower Collegiate Courts - 12 monthsc. All other lower courts 3 months

Unless period is reduced by SC

In case of delay: A certification to be signed by the Chief

Justice or Presiding Justice shall be issuedstating the reason for the delay.

Court, without prejudice to suchresponsibilities as may have been incurredin consequence thereof shall decide or resolve the case or matter submitted to itwithout further delay, despite expiration of mandatory period.

Court does not lose jurisdiction over thecase, despite the lapse of the mandatoryperiod.

Erring judge or justice may be subjected toadministrative sanctions for the delay.

Article IX :CONSTITUTIONAL COMMISSIONS

Independent Constitutional Commissions:

1. Civil Service Commission (CSC )2. Commission on Elections ( COMELEC )3. Commission on Audit ( COA )

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Safeguards that Guarantee theIndependence of the Commissions:

1. they are constitutionally created; may not beabolished by statute;

2. each is conferred certain powers andfunctions which cannot be reduced bystatute;

3. each expressly described as independent;4. chairmen and members are given fairly long

term of office of 7 years;5. chairmen and members cannot be removed

except by impeachment;6. chairmen and members may not be re-

appointed or appointed in an actingcapacity;

7. salaries of chairmen and members arerelatively high and may not be decreased

during continuance in office;8. commissions enjoy fiscal autonomy;9. each commission may promulgate its own

procedural rules;10. chairmen and members are subject to

certain disqualification calculated tostrengthen their integrity; and

11. commissions may appoint their own officialsand employees in accordance with CivilService Law.

I. CIVIL SERVICE COMMISSION

Composition: 1 chairman; 2 commissioners

Qualifications:1. natural-born citizen;2. at least 35 years old at the time of

appointment;3. with proven capacity for public

administration; and4. not a candidate in any election immediately

preceding the appointment.

Term: 7 years without reappointment.

Classes of Service:1. Career service characterized by:

entrance based on merit and fitnessto be determined by competitiveexamination or based on highlytechnical qualifications.Opportunity for advancement;Security of tenure

Kinds:a. open career positions prior

qualification via examination;b. closed career positions e.g., scientific

or highly technical;

c. career executive service e.g.,Undersecretaries, Bureau Directors;

d. career officers appointed by President,e.g., foreign service;

e. positions in AFP, governed by separate

merit system;f. personnel of GOCCs with originalcharter; and

g. permanent laborers, whether skilled,semi-skilled or unskilled.

2. Non-career Service characterized by : entrance on bases other than those of

usual tests utilized for career service.

Tenure limited to period.

Kinds:

a. elective officials and their personal andconfidential staff;b. department heads and officials of

cabinet rank; and their personal andconfidential staff;

c. chairmen and members of commissionsand boards with fixed terms of office andtheir personal and confidential staff;

d. contractual personnel or those whoseemployment in government is inaccordance with special contract for specific work; and

e. emergency and seasonal personnel.

Exceptions to requirement of competitiveexaminations: Policy Determining lays down

principal or fundamental guidelines or rules. Formulates method of action.

Primarily Confidential primarily closeintimacy which insures freedom of intercourse without embarrassment of freedom from misgivings or betrayals onconfidential matters of state;

NOTE: Or one declared to be so byPresident upon recommendations of CSC(Salazar vs Mathay 73 SCRA 275) .

Highly Technical requires possessionof technical skill or training in supremeor superior degree.

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