Political Law Final

7/31/2019 Political Law Final

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Political Law Reviewer1

POLITICAL LAW REVIEWER

GENERAL PRINCIPLES

Political Law- branch of Public Law which deals with the organization and

operations of the governmental organs of the State and defines the relations of the

State with the inhabitants of its territory.

Constitutional Law- study of the structure and powers of the Government of the

Republic of the Philippines.

Constitution- the written instrument enacted by the direct action of the people by

which the fundamental powers of the government are established, limited and

defined, and by which those powers are distributed among the several departments

for their safe and useful exercise for the benefit of the body politic. Malcolm

Purpose

to prescribe the permanent framework of a system of government,

to assign to the several departments their respective powers and duties, and

to establish certain first principles on which the government is founded.

Classification

-Written/ Unwritten

Written- one whose precepts are embodied in one document or set of

documents.

Unwritten- consists of rules which have not been integrated into a single,

concrete form but are scattered in various sources.

-Enacted (conventional)/ Evolved (cumulative)

Conventional- formally struck off at a definite time and place following

conscious or deliberate effort taken by a constituent body or ruler.

Cumulative- the result of political evolution, not inaugurated at any specific time

but changing by accretion rather than by any systematic method.

-Rigid/ Flexible

Rigid- one that can be amended only by a formal and usually di fficult process

Flexible- one that can be changed by ordinary legislation.

Qualities of a good written constitution

Broad- provides for the organization of the government and covers all persons

and things within the territory of the State but because it must be

comprehensive enough to provide for every contingency.

Brief- it must confine itself to basic principles to be implemented with legislative

details more adjustable to change and easier to amend.

Definite- to prevent ambiguity in its provisions which could result in confusion

and divisiveness among the people.

Essential parts of a good written constitution

Constitution of Liberty- the series of prescriptions setting forth the fundamental

civil and political rights of the citizens and imposing limitations on the powers of

government as a means of securing the enjoyment of those rights.

Constitution of Government- the series of provisions outlining the organization

of the government, enumerating its powers, laying down certain rules relative to

its administration, and defining the electorate

Constitution of Sovereignty- the provisions pointing out the mode or procedure

in accordance with which formal changes in the fundamental law may be

brought about.

Interpretation/ Construction o the Constitution

verba legis- the words of the constitution must be given ordinary meaning

except where technical terms are employed.

ratio legis et anima- words of the constitution should be interpreted in

accordance with the intent of the framers.


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ut magis valeat quam pereat- the constitution has to be interpreted as a whole.

(Francisco vs. HOR)

-the proper interpretation depends more on how it was understood by the people

adopting it than in the framers understanding therof.

-the provisions should be considered self- executing; mandatory rather than

directory; and prospective rather than retroactive.

Self-executing provision- one which is complete in itself and becomes operative

without the id of supplementary or enabling legislation, or that which supplies a

sufficient rule by means of which the right it grants may be enjoyed or protected.

Not self-executing provision- one which lays down a general principle.

Amendment

Amendement vs Revision

Revision- implies a change that alters a basic principle in the Constitution. There is

also a revision if the change alters the substantial entirety of the constitution.

Amendment-change that adds, reduces, deletes, without altering the basic principle

involved. (Lambino vs. COMELEC)

Two-part test

Quantitative test- asks whether the proposed change is so extensive in its

provisions as to change directly the substance entirety of the constitution by the

deletion or alteration of numerous provisions. The court examines only the

number of provisions affected and does not consider the degree of the change.

Qualitative test- inquires into the qualitative effects of the proposed change in

the constitution. The main inquiry is whether the change will accomplish such

far-reaching changes in the nature of our basic governmental plan as to amount

to revision. (Lambino vs. COMELEC)

Constituent vs. Legislative power

Steps in amendatory process

A. Proposal- (Secs. 1-3, Art. XVII) The adoption of the change in the

constitution. A proposed amendment may come from :

Congress- vote of ALL its members.

Constitutional Convention- may be called into existence either by a 2/3

vote of ALL members of the Congress, or (if such vote is not obtained)

by a majority vote of all the members of Congress with the question ofwhether or not to call a Convention to be resolved by the people in a

plebiscite (sec. 3, Art. XVII)

Three Theories on the position of a Constitutional Convention vis--vis the regular

departments of the government

Theory of Conventional Sovereignty (Loomis vs. Jackson)

Convention is inferior to other departments (Woods Appeal)

Independent of and co-equal to the other departments (Mabanag vs. Lopez)

People, through the power of initiative (Sec. 2, Art. XVII)

Requisite: A petition of at least 12% of the total number of registered voters, of

which every legislative district must be represented by at least 3% of the registered

voters therein.

Limitation: No amendment in this manner shall be authorized within five years

following the ratification of this Constitution nor more often than once every five

years thereafter.

Initiative- the power of the people to propose AMENDMENTS to the constitution or

to propose and enact legislation through an election called for the purpose.

Three systems of initiative

Initiative on the Constitution- petition proposing amendments to the

Constitution.

Initiative on Statutes- refers to a petition proposing to enact a regional,

provincial, city, municipal, or barangay law, resolution or ordinance ( Sec. 2a,

R.A. 6735)


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Indirect initiative- exercise of initiative by the people through a proposition sent

to congress or the local legislative body for action (Sec. 2b, R.A. 6735)

Procedure-The essence of amendments directly proposed by the people through

initiative upon a petition is that the entire proposal on its face is a petition of the

people.

2 essential elements

The people must author and sign the entire proposal; no agent or

representative can sign in their behalf.

As an initiative upon a petition, the proposal must be embodied in the petition.

B. Ratification (Sec. 4, Art. XVII)) The proposed amendment shall become

part of the Constitution when ratified by a majority of the votes cast in a

plebiscite held not earlier than 60 nor later than 90 days after the approval

of the proposal by Congress or the Constitutional Convention, or after the

approval of the proposal by Congress or the Constitutional Convention, or

after the certification by the COMELEC of the sufficiency of the petition forinitiative under sec. 2, Art. XVII.

Doctrine of Proper Submission- the Constitution itself prescribes the time frame

within which the plebiscite is to be held, there can be no longer be a question on

whether the time given to the people to determine the merits and demerits of the

proposed amendment is adequate.

Plebiscite may be held on the same day as regular elections. (Gonzales vs.

COMELEC)

The question of amendment is now regarded as subject to judicial review because

invariably, the issue will boil down to whether or not constitutional provisions hadbeen followed. (Tolentino vs. COMELEC)

Power of Judicial Review

Judicial Review- the power of the courts to test the validity of executive and

legislative acts in light of their conformity with the constitution. (Angara vs. Electoral

Commission)

Judicial Power- 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 Government

(Bondoc vs. Pineda)

The lower courts should not shy away from the task of deciding constitutional

questions when properly raised before them (Ynot vs. IAC)

The Constitution vests the power of judicial review not only in the Supreme Court

but also in RTCs. (Mirasol vs. CA)

Functions of Judicial Review

checking

legitimating

symbolic (Salonga vs. Pano)

Requisites of Judicial Review

a. Actual case or controversy- a conflict of legal rights, an assertion of

opposite legal claims which can be resolved on the basis of existing law

and jurisprudence. (Guingona vs. CA)

A request for an advisory opinion is not an actual case or controversy.

(Dumlao vs. COMELEC)

The issues raised in the case must not be moot and academic, or

because of subsequent developments, have become moot and

academic. (Province of Batangas vs. Romulo)

The Court also exercised the power of judicial review even when the

issue had become moot and academic where the Court had the duty

to formulate guiding and controlling constitutional principles, precepts,

doctrines or rules, and the symbolic function to educate the bench and

the bar on the extent of protection given by the constitutional

guarantees. (Salonga vs. Pano)


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b. The Constitutional question must be raised by the proper party- one who

has sustained or is in imminent danger of sustaining an injury as a result of

the act complained of.

locus standi- a right of appearance in a court of justice on a given

question.

direct injury test- a person who impugns the validity of a statute musthave a personal and substantial interest in the case such that he has

sustained or will sustain direct injury as a result. (People vs. Vera)

Petitioner may invoke a public right breached by a governmental act ,

provided:

a. The case involves Constitutional issues

b. for taxpayers, there must be a claim of illegal disbursement of

public funds or that the tax measure is unconstitutional.

c. for voters, there must be a showing of obvious interest in thevalidity of election law in question.

d. or concerned citizens, there must be showing that the issues

raised are of transcendental importance which must be settled

early, and

e. for Legislators, there must be a claim that the official action

complained of infringes their prerogatives as legislators. (David

vs. Macapagal-Arroyo)

Facial challenge- the establish rule is that a party can question the validity of a

statute only I, as applied to him, it is unconstitutional. The exception is the so-calledfacial challenge. But the only time a facial challenge to a statute is allowed is when

it operates in the area of freedom of expression. (Justice Mendozas concurring

opinion, Cruz vs. DENR)

Overbreadth doctrine- it permits a party to challenge the validity of a statute even

though, as applied to him, it is not unconstitutional, but it might be applied to others

not before the Court whose activities are constitutionally protected. (Justice

Mendozas concurring opinion, Cruz vs. DENR)

c. The Constitutional question must be raised at the earliest possible

opportunity

The earliest opportunity to raise a constitutional issue is to raise it in the

pleadings before a competent court that can resolve the same, such that, i f

not raised in the pleadings, it cannot be considered at the trial, and if not

considered in the trial, it cannot be considered on appeal. (Matibag vs.

Benipayo)

Exceptions:

a. Criminal cases. the question can be raised at any time at the discretion of

the court.

b. Civil cases. the question can be raised at any stage of the proceedings if

necessary for the determination of the case itself.

c. It can be raised at any stage if it involves jurisdiction of the court.

Exception to exception: Estoppel

d. The decision of the Constitutional question must be determinative of the

case itself

The Constitutional issue must be the lis mota of the case. (Zandueta vs. de

la Costa)

The Court will not pass upon a question of Constitutionality if the case can

be disposed of on some other ground. (Ty vs. Trampe)

Every law has in its favour the presumption of Constitutionality, and to

justify its nullification, there must be a clear and unequivocal breach of the

Constitution and not one that is doubtful, speculative, or argumentative.

(Arceta vs. Judge Mangrobang)

Effects of Declaration of Unconstitutionality, two views:

a. Orthodox View- An unconstitutional act is not a law; it confers no rights; it

imposes no duties; it affords no protection; it creates no office; it is

inoperative, as if it had not been passed at all. (sec. 7, NCC)


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b. Modern view- the courts imply rfue to recognize the law and determine the

rights of the parties as if the statute had no existence. (Manila Motors vs.

Flores)

Partial Unconstitutionality

Requisites:

a. The Legislature must be willing to retain the valid portions usually shown

by the presence of a separability clause in the law, and

b. The valid portion can stand independently as law. (Salazar vs. Achacoso)

The Concept of the State

State- a community of persons more or less numerous, permanently occupying a

fixed territory, and possessed of an independent government organized for political

ends to which the great body of inhabitants render habitual obedience. (Collector of

Internal Revenue vs. Campos Rueda) Legal or juristic concept

Nation- a people bound together by common attractions and repulsions into a living

organism possessed of a common pulse, a common intelligence and inspiration,

and destined apparently to have a common history and a common fate. Ethnic or

racial concept.

Elements of a State

a. People- inhabitants of the State.

Numerous enough to be self-sufficing and to defend themselves and small enough

to be easily administered or sustained. Must come from both sexes to be able to

perpetuate themselves.

b. Territory- fixed portion of the surface of the Earth inhabited by the people

of the State.

Components:

Terrestrial (land mass);

Fluvial (external waters);

Maritime (inland waters); and

Aerial Domains (air space above the land and waters)

Archipelago Doctrine- The waters around, between and connecting the islands of

the archipelago, regardless of their breadth and dimensions, form part of the internal

waters of the Philippines. (second sentence, Art. 1)

The entire archipelago is regarded as one integrated unit.

Straight baseline method- imaginary straight lines are drawn joining the outermostpoints of outermost islands of the archipelago, enclosing an area the ratio of which

should not be more than 9:1 (water to land)

Contiguous Zone- 12 miles

Exclusive Economic Zone- 200 miles

c. Government- the agency or instrumentality through which the will of the

State is formulated, expressed, and realized. (U.S. vs. Dorr)

Government of the Philippines- the corporate governmental entity through

which the functions of the government are exercised throughout thePhilippines.

From the viewpoint of International Law, no particular form of government

is prescribed, provided only that the government is able to represent the

State in its dealings with other States.

Functions, 2 kinds

a. Constituent/ Governmental- constitutes the very bonds of society and istherefore compulsory. It involves exercise of sovereignty.

b. Ministrant/ Proprietary- those undertaken to advance the general interests

of society. It connotes the exercise of proprietary functions.

Doctrine of Parens Patriae- parent of the people. Government may act as guardian

of the rights of the people who may be disadvantaged or suffering from some

disability or misfortune.

Classification

-De jure vs. De facto


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De jure government- one with rightful title but no power or control, either

because this has been withdrawn from it or because it has not yet actually

entered into the exercise thereof.

De facto government- government of fact, that is, it actually exercises

power or control but without legal title.

Kinds of de facto government

a. that gets possession and control of, of usurps, by force or by the

voice of the majority.

b. that established as an independent government by the inhabitants of

a country who rise in insurrection against the parent State.

c. that which is established and maintained by military force who invade

and occupy a territory of the enemy in the course of war, and which is

dominated by government of paramount force.

-Presidential vs. Parliamentary

Presidential- there is a separation of executive and legislative powers.

Parliamentary- there is fusion of both executive and legislative powers in

Parliament, although the actual exercise, although the actual exercise of the

executive powers is vested in a Prime Minister who is chosen by, and

accountable to, Parliament.

-Unitary vs. Federal

Unitary- a single, centralized government, exercising powers over both the

internal and external affairs of the State.

Federal- Consists of autonomous government units into sa single State, with

the national government exercising a limited degree of power over the domestic

affairs but generally full direction of the external affairs of the State.

Administration-group of persons in whose hands the reign of government are for the

time being.

d. Sovereignty- supreme and uncontrollable power inherent in a State by

which the State is governed.

Kinds

a. Legal- the power to issue final commands; or Political- sum total of all the

influences which lie behind the law.

b. Internal- supreme power over everything within its territory; or External-

freedom from external control.

Characteristics (PECAI3)

Permanence, Exclusiveness, Comprehensiveness, Absoluteness,

Indivisibility, Inalienability, Imprescriptibility (Laurel vs. Misa)

Effects of change in sovereignty- Political laws are abrogated (People vs. Perfecto)

Municipal Laws remain in force (Vilas vs. City of Manila)

Effects of belligerent occupation- No change in sovereignty (Ruffy vs. Chief of Staff)

However, political laws, except the law on treason, are suspended (Laurel vs. Misa);

Municipal Laws remain in force unless repealed by belligerent occupant.

Jus Postliminium- at the end of belligerent occupation, when the occupant is ousted

from the territory, the political laws which had been suspended during the

occupation shall automatically become effective again.

Dominium vs. Imperium

Dominium- capacity to own or acquire property held by the State in its

proprietary capacity.

Imperium- the authority possessed by the State embraced in the concept of

Sovereignty.

Jurisdiction-

a. Territorial- power of the State over persons and things within its territory,

except:


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i. Foreign states, Heads of states, diplomatic representatives, and

consuls to a certain degree;

ii. Foreign state property engaged in non-commercial activities;

iii. Acts of state;

iv. Foreign merchant vessels exercising the rights of innocent passage or

involuntary entry;

v. Foreign armies passing through or stationed in its territory with its

permission; and

vi. Such other persons or property, including organizations like UN.

b. Personal- power of the State over its nationals, which may be exercised by

the State even if individuals is outside the territory of the State.

c. Extraterritorial- power exercised by the State beyond its territory.

Act of State- done by the sovereign power of a country, or by its delegate, within the

limits of the power vested in him. An act of State cannot be questioned or made the

subject of legal proceedings in a court of law.

____________________

Doctrine of State Immunity

The State cannot be sued without its consent (sec. 3, Art. XVI)

Basis: There can be no legal right against the authority which makes the law on

which the right depends. (Republic vs. Villasor) However, it may be sued if it gives

consent, whether express or implied. This is known as Royal Prerogative of

Dishonesty.

Immunity is enjoyed by other States, consonant with the

Public International Law principle of par in parem non habet imperium.

The Head of State who is deemed the personification of the State, is inviolable, and

thus, enjoys immunity from suit.

International Organizations or International Agencies may be immune from the

jurisdiction of local courts and local administrative tribunals.

The cloak or protection is removed the moment the foreign agent is sued in his

individual capacity.

Test to determine if suit is against the State: On the assumption that decision is

rendered against the public officer or agency impleaded, will the enforcement

thereof require an affirmative act from the State, such as the appropriation of the

needed amount to satisfy the judgment? If so, then it is a suit against the State.

(Sanders vs. Veridiano)

Suit against Government Agencies

a. Incorporated- if the charter provides that the agency can sue and be sued,

then suit will lie, including one for tort . (PNB vs. CIR)

Municipal Corporations are agencies of the State when they are

engaged in governmental functions and, therefore, should enjoy the

sovereign immunity from suit. (Mun. of San Fernando, La Union vs.

Judge Firme)

b. Unincorporated: inquire into principal functions of the agency:

1. If governmental, NO suit without consent (Sanders vs. Veridiano)

2. If proprietary, suit will lie, because when the State engages in principallyproprietary functions, then it descends to the level of a private individual,

and may, therefore, be vulnerable to suit. (Civil Aeronautics Admnistration

vs. CA)

Suit against Public Officers

The doctrine of State Immunity applies to complaints filed against officials of the

State for acts performed by them in the discharge of their duties within the scope of

their authority.

The unauthorized acts of government officials are not acts of the State, thus, public

officer may be sued and held personally liable in damages for such acts. (Shauf vs.

CA)

Where a public officer has committed an ultra-vires act, or where there is showing of

bad faith, malice or gross negligence, the officer can be held personally

accountable, even if such acts are claimed to have been performed in connection

with official duties. (Wylie vs. Rarang)


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Where the public official is sued in his personal capacity, the doctrine of State

immunity will not apply, even if the acts complained of were committed while the

public official was occupying a public position. (Lansang vs. CA)

Forms of Consent

Express- can be given only by an act of the legislative body (Republic vs.

Feliciano) in a general or special law.

Implied- given when the State commences litigation, it become vulnerable to a

counterclaim (Froilan vs. Pan Oriental Shipping); or when the State enters into

a business contract (US vs. Ruiz)

jure imperii- sovereign and governmental act

jure gestionis- private, commercial, and proprietary acts

Scope of Consent: Consent t be sued does not include consent to the execution of

judgment against it.

Such execution will require another waiver, because the power of the court ends

when the judgment is rendered, since government funds and properties may not be

seized under writs of execution or garnishment, unless such disbursement is

covered by the corresponding appropriation as required by law. (Republic vs.

Villasor)

Funds belonging to government corporations, whose charters provide that they can

sue and be sued, that are deposited with a bank are not exempt from garnishment.

(PNB vs. Pabalan)

Funds of a Municipality are public in character and may not be garnished unless

there is a corresponding appropriation ordinance duly passed by the Sangguniang

Bayan. (Mun. of San Miguel, Bulacan vs. Fernandez)

Exemption from legal requirements

When the State litigates, either directly or through its authorized officers, it is not

required to put-up a bond for damages, or an appeal bond, since it can be assumed

that it is always solvent.

Suability vs. Liability

Suability- the result of the express or implied consent of the State to be sued.

Liability- determined after hearing on the basis of relevant laws and the

established facts.

_____________________

Fundamental Principles and State Policies

Preamble

1. Does not confer rights nor impose duties

2. Indicates authorship of the Constitution; enumerates the primary aims and

aspirations of the framers; and serves as an aid in the construction of the

Constitution.

Republicanism

The Philippines is a democratic and republican State. Sovereignty resides in the

people and all government authorities emanates from them. (Sec. 1, Art. II)

Republic- a representative government run by and for the people

Essential features: Representation and Renovation.

Manifestations

a. Ours is a government of laws and not of men (Villavicencio vs. Lukban)

b. Rule of Majority

c. Accountability of Public Officials

d. Bill of Rights

e. Congress cannot pass irrepealable laws

f. Separation of powers

Incorporation Clause

The Philippines renounces war as an instrument of national policy, adopts the

generally accepted principle of International Law as part of the law of the land, and

adheres to the policy o peace, equality, justice, freedom, cooperation, and amity

with all nations.


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International Law can become part of the sphere of domestic law either by

transformation or by incorporation.

Transformation method- requires that an International law principle be transformed

into domestic law through a constitutional mechanism.

Incorporation method- applies when mere constitutional declaration, international

law is deemed to have the force of domestic law. (Pharmaceutical and Health CareAssociation vs. Duque)

Doctrine of Incorporation is applied whenever municipal tribunals or local courts are

confronted with situations in which there appears to be a conflict between a rule of

International Law and the provisions of the constitution or statute of the local state.

Civilian Supremacy

Civilian authority is, at all times, supreme over 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. (Sec. 3, Art. II)

Defense of the State

The prime duty of the Government is to serve and protect the people. The

Government may call upon the people to defend the State and, in the fulfillment

thereof, all citizens may be required, under conditions provided by law, to render

personal military or civil service. (Sec. 4, Art. II)

The provision is based upon the inherent right of every State to existence and self-

preservation.

The military or civil service must be personal.

Peace and Order

The maintenance of peace and order, the protection of life, liberty, and property,

and the promotion of general welfare are essential for the enjoyment by all the

people of the blessings of democracy. (Sec. 5, Art. I I)

Right to bear arms is a statutory, not a constitutional right. The license to carry a

firearm is neither a property nor a property right.

Separation of Church and State

The separation of Church and State shall be inviolable. (Sec. 6, Art. II)

Independent Foreign Policy

The State shall pursue an independent foreign policy. In its relations with other

States, the paramount consideration shall be national sovereignty, territorial

integrity, national interest, and the right to self-determination. (Sec. 7, Art. II)

Nuclear-free Philippines

The Philippines, consistent with the national interest, adopts and pursues a policy

of freedom from nuclear weapons in its territory. (Sec. 8, Art.II)

Promotion of Social Justice

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 improved quality of life for all. (Sec. 9, Art. II)

The State shall promote social justice in all phases of national development. (Sec.

10. Art. II)

Social Justice is neither communism, nor despotism, nor atomism, nor anarchy, but

the humanization of laws and the equalization of social and economic forces by the

State so that justice in its rational and objectively secular conception may at least be

approximated. Social justice means the promotion of the welfare of all the people,

the adoption by the government of measures calculated to insure economic stabilityof all the component elements of society, through the maintenance of a proper

economic and social equilibrium in the interrelations of the members of the

community, constitutionally through the adoption of measures legally justifiable, or

extra-constitutionally, through the exercise of powers underlying the existence of all

governments on the time honored principle of salus populi est suprema lex.

(Calalang vs. Williams)

Respect for Dignity and Human Rights


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The State values the dignity of every human person and guarantees full respect for

human rights. (Sec. 11, Art. II)

Family and Youth

The State recognizes the sanctity of family life and shallprotect and strengthen the

family as a basic autonomous social institution. It shall equally protect the life of the

mother and the life of the unborn from conception. The natural and primary right andduty of parents in the rearing of the youth for civic efficiency and the development of

moral character shall receive the support of the government. (Sec. 12, Art. II)

The State recognizes the vital role of youth in nation-building and shall promote

and protect their physical, moral, spiritual, intellectual, and social well-being. It shall

inculcate in the youth patriotism and nationalism, and encourage their involvement

in public and civic affairs. (Sec. 13, Art. II)

Fundamental equality of men and women

The State recognizes the role of women in nation-building, and shall ensure the

fundamental equality before the law of women and men. (Sec. 14, Art. II)

Promotion of Health and Ecology

The State shall protect and promote the right to health of the people and instill

health consciousness among them. (Sec. 15, Art. II)

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. (Sec. 16, Art. II)

Priority to education, science, technology, etc.

The State shall give priority to education, science and technology, arts, culture, and

sports to foster patriotism and nationalism, accelerate social progress, and promotetotal human liberation and development. (Sec. 17, Art. II)

Sec. 5, Art. XIV which provides for the highest budgetary priority to education is

merely directory. (Guingona vs. Carague)

The exercise of right to select a profession or course of study may be regulated

pursuant to the police power of the State. (PRC vs. De Guzman)

Protection to labor

The State affirms labor as a primary social economic force. It shall protect the

rights of workers and promote their welfare. (Sec. 18, Art. II)

Self-reliant and independent economic order

The State shall develop a self-reliant and independent national economy effectively

controlled by Filipinos. (Sec. 19, Art. II)

The State recognizes the indispensable role of the private sector, encourages

private enterprise, and provides incentives to needed investments. (Sec. 20, Art. II)

Land Reform

The State shall promote comprehensive rural development and agrarian reform.

(Sec. 21, Art. II)

Indigenous Cultural Communities

The State recognizes and promotes the rights of indigenous cultural communities

within the framework of national unity and development. (Sec. 22, Art. II)

Independent Peoples Organizations

The State shall encourage non-governmental, community- based, or sectoral

organizations that promote the welfare of the nation. (Sec. 23, Art. II)

Communication and information in nation-building

The State recognizes the vital role of communication and information in nation-

building. (Sec. 24, Art. II)

Autonomy of Local Governments

The State shall ensure the autonomy of local governments. (Sec. 25, Art. II)

Even as the Court recognizes that the Constituion gurantees autonomy to local

government units, the exercise of local autonomy remains subject to the power of

control by Congress and he power of general supervision by the President. (Judge

Dadole vs. COA)


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The President or any of his alter egos, cannot interfere in local affairs as long as the

concerned local government unit acts within the parameters of the law and the

Constitution. (Judge Dadole vs. COA)

Equal access to opportunities for public service

The State shall guarantee equal access to opportunities for public service, and

prohibit political dynasties as may be defined by law. (Sec. 26, Art. II)

Honest public service and full public disclosure

The State shall maintain honesty and integrity in the public service and take

positive and effective measures against graft and corruption. (Sec. 27, Art. II)

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. (Sec. 17, Art. II)

_____________________

Separation of Powers

Purpose: to prevent concentration of authority in one person or group of persons

that might lead to an irreversible error or abuse in its exercise to the detriment of

republican institutions. (Pangasinan Transportation Co. vs. Public Service

Commission)

Application: not independence but interdependence

Principle of Blending of powers- powers are not confined exclusively within one

department but are assigned to or shared by several departments.

Principle of Checks and Balances- this allows one department to resist

encroachments upon its prerogatives or to rectify mistakes or excesses committedby the other departments.

Doctrine of necessary implication- the grant of an express power carries with it all

other powers that may be reasonably inferred from it.

Inherent or incidental powers- those which although not expressly conferred nor

implied therefrom are part of the power of a certain department.

Residual powers- those not granted by the Constitution but the President may

exercise such powers as the Chief Executive so long as it does not pertain to other

departments.

Justiciable and Political questions

Justiciable question implies a given right legally demandable and enforceable,

an act or omission violative of such right, and a remedy granted and sanctionedby law for said breach of right. (Casibang vs. Aquino)

Political question (a question of policy)- those questions which, under the

Constitution, are to be decided by the people in their sovereign capacity; or in

regard to which full discretionary authority has been delegated to the legislative

or executive branch of the government. It is concerned with issues dependent

upon the wisdom, not legality, of a particular measure. (Tanada vs. Cuenco)

_____________________

Delegation of powers

Rule:potestas delegate non delegare potest (what has been delegated cannot be

delegated)

It is based on the principle that delegated power constitutes not only a right but a

duty to be performed by the delegate through the instrumentality of his own

judgment and not through the intervening mind of another.

Permissible delegation:

a. tariff powers to the president

b. emergency powers to the president

c. people at large

d. local governments

e. administrative bodies

Tariff powers to the President


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Sec. 28 (2), Art. VI 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

Emergency powers to the President

Sec. 23 (2), Art. VI 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 its next adjournment.

The conditions for the vesture of emergency powers in the President:

a. There must be a war or national emergency

b. The delegation must be for a limited period only.

c. The delegation must be subject to such restrictions as the Congress may

prescribe.d. The emergency powers must be exercised to carry out a national policy

declared by the Congress.

Conferment of emergency powers on the President is not mandatory on the

Congress.

The emergency does not automatically confer emergency powers on the President.

Delegation to the people

Referendum- method of submitting an important legislative measure to a direct vote

of the whole people.

Plebiscite- decree of the people. a device to obtain a direct popular vote on a matter

of political importance, but chiefly in order to create some more or less permanent

political condition.

Delegation to Local Government Units

The local affairs shall be managed by local authorities and general affairs by the

central authority.

Legislation is not regarded as transfer of general legislative power, but rather as the

grant of authority to prescribe local regulations, according to immemorial practice,

subject, of course, to the interposition of the superior in cases of necessity. (Peoplevs. Vera)

Delegation to Administrative Bodies

Power of subordinate legislation- administrative bodies may implement the broad

policies laid down in a statute by filling in the details which the Congress may not

have the opportunity or competence to provide.

Test for valid delegation: Both of the following tests are to be complied with

(Pelaez vs. Auditor General)

a. Completeness test:the law must be complete in all its essential terms and

conditions when it leaves the Legislature so that there will be nothing left

for the delegate to do when it reaches him except to enforce it. (US vs. Ang

Tang Ho)

b. Sufficient Standard Test:A sufficient standard is intended to map out the

boundaries of the delegates authority by defining the legislative policy and

indicating the circumstances under which it is to be pursued and effected.

(Ynot vs. IAC)

_____________________

Legislative Department

Legislative power- the power to propose, enact, amend, and repeal laws.

This power is vested in the Congress, except to the extent reserved to the people by

the provision on initiative and referendum.

Initiative- the power of the people to propose amendments to the Constitution or to

propose and enact legislation through an election called for the purpose.


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Referendum- the power of the electorate to approve or reject legislation through an

election called for the purpose.

Prohibited measures:

a. No petition embracing more than one subject shall be submitted to the

electorate

b. Statutes involving emergency measures, the enactment of which isspecifically vested in Congress by the Constitution, cannot be subject to

referendum until 90 days after their effectivity. (Sec. 10, R.A. 6735)

Local Initiative- not less than 2,000 registered voters in case of autonomous

regions, 1,000 in case of provinces and cities, 100 in case of municipalities, and 50

in case of barangays, may file petition with the Regional Assembly or local

legislative body, respectively proposing the adoption, enactment, repeal, or

amendment, of any law, ordinance, resolution. (Sec. 13, R.A. 6735)

Limitations on local initiative:

a. the power of local initiative shall not be exercised more than once a year;

b. initiative shall extend only to subjects or matters which are within the legal

powers of the local legislative bodies to enact; and

c. if at any time before the initiative is held, the local legislative body shall

adopt in totothe proposition presented, the initiative shall be cancelled.

Congress

Composition: A Senate and a House of Representatives. (Sec. 1, Art. VI)

The Senate

Composition:24 Senators elected at large by the qualified voters of the Philippines,

as may be provided by la. (Sec. 2, Art. VI)

Qualifications:

a. Natural-born citizen of the Philippines;

b. on the day of the election, at least 35 years of age;

c. able to read and write;

d. registered voter;

e. resident of the Philippines for not less than two years immediately

preceding the day of the election.

Residence- the place where one habitually resides and to which, when he is absent,

he has the intention of returning.

A person cannot have two residences at the same time.

Term of office: Six years, commencing at noon on the 30th

day of June next

following their election. (Sec. 4, Art. VI)

Limitation:No Senator shall serve for more than two consecutive terms. Voluntary

renunciation of office for any length of time shall not be considered an interruption in

the continuity of his service for the full term for which he was elected.

House of Representatives

Composition: Not more than 250 members, unless otherwise provided by law,

consisting of:

a. District Representatives, elected from legislative districts.

b. Party-list Representatives, who shall constitute 20% of the total number of

representatives, elected through a party-list system of registered national,

regional, and sectoral parties or organizations.

c. Sectoral Representatives, one half of the seats allocated to the party-list

representatives shall be filled, as provided by law, by selection or election

from the labor, women, and such other sectors as may be provided by law,

except the religious sector.

The question of validity of an apportionment law is a justiciable question (Macias vs.

COMELEC)

Apportionment shall be made in accordance with the number o respective

inhabitants, on the basis o uniform and progressive ratio. But: (i) each city with not

less than 250,000 inhabitants shall be entitled to at least one representative; and (ii)

Each province, irrespective of number of inhabitants, is entitled to at least one

representative.


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Each Legislative District shall comprise, as far as practicable, Contiguous (in

physical contact), Compact (solid), and Adjacent (close by or near) territory.

Gerrymandering- arrangement of districts in such a way as to favor the election of

preferred candidates through inclusion therein only of those areas where they

expect to win, regardless of the resultant shape of such districts.

Congress shall make reapportionment of legislative districts within three yearsfollowing the return of every census.

The Court held that the Constitution does not preclude Congress from increasing its

membership by passing a law other than a general apportionment law. (Mariano vs.

COMELEC)

Qualifications:

a. Natural-born citizen;

b. on the day of the election, at least 25 years old;


d. registered voter in the district in which he shall be elected;e. resident thereof for not less than one year immediately preceding the

election. (Sec. 6, Art. VI)

Term of office: 3 years, commencing at noon on the 30th

day of june next following

their election. Limitation: shall not serve for more than three consecutive terms.

Party-list

Party-list system- mechanism of proportional representation in the election of

representatives to the House of Representatives from national, regional, and

sectoral parties or organizations or coalitions thereof registered with the COMELEC.

(R.A.7941)

Party-either a political party or a sectoral party or a coalition of parties.

Political party- an organized group of citizens advocating an ideology or platform,

principles, and policies for the general conduct of government and which, as the

most immediate means of securing their adoption, regularly nominates and supports

certain of its leaders and members as candidates for public office.

Sectoral party- an organized group of citizens belongin tp any of the following

sectors; labor, peasant, elderly, women, youth, and others whose principal

advocacy pertains to the special interest and concerns of their sector.

Sectoral organization-group of citizens or a coalition of groups of citizens who share

similar physical attributes or characteristics, employment, interests or concerns.

Coalition- an aggrupation of registered national regional, sectoral parties ororganizations for political and/or election purposes.

Registration:

a. Not later than 90 days before election day, file a verified petition through its

president or secretary for its participation in the party-list system; attaching

a copy of its constitution, by laws, platform, and list of officers, and such

other relevant information as may be required by the COMELEC.

b. The petition shall be published in at least 2 newspapers of general

circulation.

c. After notice and hearing, be resolved within 15 days and in no case no

later than 60 days before the election.

Refusal and/or cancellation of Registration:

a. Religious sect

b. foreign organizations

c. advocating violence and unlawful means

d. has ceased to exist for at least one year

e. fails to participate in the last two elections or fails to obtain at least 2% of

the votes cast under the party-list system in the two preceding elections for

the constituency in which it has registered.

Nomination of Party-list Representatives:

a. Political group shall submit to the COMELEC not later than 45 days before

the election at least 5 names from which its representatives may be

chosen in case it obtains the required number of votes.

b. The names of the party-list nominees shall not be shown on the certified

list of participants in the party-list system.


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c. Only persons who have given their consent in writing may be named as

party-list candidates.

d. Persons who lost in the immediately preceding he election are ineligible.

e. No change shall be allowed after the list shall have been submitted to the

COMELEC except in cases where the nominee dies, or withdraws in

writing, becomes incapacitated.

Qualifications:

a. Natural-born citizen of the Philippines;

b. registered voter;

c. resident of the Philippines for at least one year immediately preceding the

day of the election;

d. at least 25 years of age at the day of the election.

Youth sector representative:at least 25 years of age on the day of the election but

not more than 30 years of age in the day of the election.

Manner of voting:Every voter is entitled to two votes

Allocation of seats for party-list representatives:

a. ranked from the highest to the lowest based on the number of votes they

garnered during the elections; and those receiving at least 2% of the total

votes cast shall be entitled to one-seat each, provided that those garnering

more than 2% of the votes shall be entitled to additional seats in proportion

to their total number of votes, provided, finally, that each shall be entitled to

not more than 3 seats.

Additional seats= Votes cast for Qualified Party

Votes cast for first party

(Veterans Federation Party vs. COMELEC)

Even major political parties are allowed by the Constitution to participate in the

party-list system, they must show, however, that they represent the interests of the

marginalized and under-represented. (Ang Bagong Bayani vs. COMELEC)

Choosing Party-list representatives: party-list representatives are proclaimed by the

COMELEC based on the list of names submitted by the respective parties,

organizations, or coalitions to the COMELEC according to their ranking in the list.

Effect of change of affiliation:Any elected party-list representative who changes his

political party or sectoral affiliation during his term of office shall forfeit his seat,

provided that if he changes his political party or sectoral affiliation within six months

before an election, he shall not be eligible for nomination as party-list representativeunder his new party or organization.

Vacancy: In case of vacancy, the vacancy shall be filled by the next representative

from the list of nominees in the order submitted to the COMELEC by the same

party, organization, or coalition, who shall serve for the unexpired term.

Term: party-list representatives shall be elected for a term of 3 years, and shall be

entitled to the same salaries and emoluments as regular members of the HOR.

Election

Regular: unless otherwise provided by law, on the second Monday of May (Sec. 8,Art. VI)

Special: to fill a vacancy, but elected member shall serve only for the unexpired

portion of the term (Sec. 9, Art. VI)

Salaries:

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 (Sec. 10, Art. VI)

There is no prohibition against the receipt of allowances by the Members of the

Congress.

Reduction of the salaries of the members of the Congress is not prohibited by the

Constitution.

Privileges

Allowed

seats for

First

party

X


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a. Freedom from arrest- A Senator or Member of the House of

Representatives shall, in all offenses punishable by not more than six

years of imprisonment, be privileged from arrest while the Congress is in

session.

Session as used does not refer to the day-to-day meetings of the

legislature but to the entire period from its initial convening until its final

adjournment.

b. Privilege of speech and of debate- No Members shall be questioned nor

be held liable in any other place for any speech or debate in the Congress

or in any committee thereof.

The member of Congress may be held to account for such speech or

debate by the House to which he belongs. (Osmena vs. Pendatun)

Disqualifications

Incompatible office

No Senator or Member of the House of Representatives may hold any other office

or employment in the Government, or any subdivision, agency, or instrumentality

thereof, including government owned or controlled corporations or their subsidiaries

during his term of office without forfeiting his seat. (Sec. 13, Art. VI)

Forfeiture of the seat in Congress shall be automatic upon the members

assumption of such other office deemed incompatible with his seat in Congress.

(Adaza vs. Pacana)

No forfeiture shall take place if the member of Congress holds the other government

office in an ex-officio capacity.

General rule: Not hold more than one position.

Exemption: Ex-officio position but shall not receive additional compensation.

Forbidden office

Neither shall he be appointed to any office which may have been created or the

emoluments thereof increased during the term for which he was elected. (Sec. 13,

Art. VI)

The ban against appointment to the office created or the emoluments thereof

increased shall, however, last only for the duration of the term for which the member

of Congress was elected.

Other inhibitions- No Senator o Member of the House of Representatives may

personally appear as counsel before any court of justice or before the Electoral

Tribunals, or quasi-judicial or other administrative bodies. Neither shall he directly or

indirectly, be interested financially in any contract with, or any any franchise or

special privilege granted by the Government or any subdivision, agency, or

instrumentality thereof, including any government owned or controlled subdivision,

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. (Sec. 14, Art. VI)

What is prohibited is PERSONALLY appearing as counsel.

Upon assumption of office, must make a full disclosure of financial and business

interests. Shall notify House concerned of a potential conflict of interest that may

arise from the filing of a proposed legislation of which they are the authors. (Sec. 12,

Art. VI)

Sessions

Regular

Congress shall convene once every year on the fourth Monday of July, unless a

different date is fixed by law, and shall continue for such number of days as it may

determine until thirty days before the opening of its next regular session, exclusiveof Saturdays, Sundays, and Legal Holidays. (Sec. 15, Art. VI)

Special

The President may call a special session at any time (Sec. 15, Art. VI)

Joint sessions

a. Voting separately:


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1. Choosing the President (Sec. 4, Art. VII)

2. Determine Presidents disability (Sec. 11, Art. VII)

3. Confirming nomination of the Vice-President (Sec. 9, Art. VII)

4. Declaring the existence of State of War (Sec. 23, Art. VI)

5. Proposing Constitutional amendments (Sec. 1, Art. XVII)

b. Voting jointly: to revoke or extend the proclamation suspending the

privilege of the writ of habeas corpus or placing the Philippines undermartial law. (Sec. 18, Art. VII)

Adjournment

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. (Sec. 16(5), Art. VI)

Officers

Senate to 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. (Sec. 16 (1), Art. VI)

Quorum

A majority of each House, 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 determine. (Sec. 16 (2), Art. VI)

Quorum- any number sufficient to transact business, which may be less than the

majority of the membership. (Javellana vs. Tayo)

The basis in determining the existence of a quorum in the Senate shall be the total

number of Senators who are in the country and within the coercive jurisdiction of the

Senate. (Avelino vs. Cuenco)

The question of quorum cannot be raised repeatedly, especially when the quorum is

obviously present, for the purpose of delaying the business of the House. (Arroyo

vs. De Venecia)

Rules of Procedings

Each House may determine the rules of its proceedings. (Sec. 16 (3), Art. VI)

Discipline of members

House may punish its members of disorderly behavior, and, with the concurrence

of 2/3 of all its members, suspend (for not more than sixty days) or expel a

member. (Sec. 16 (3), Art. VI)

The determination of the acts which constitute disorderly behavior is within the full

discretionary authority of the House concerned, and the Court will not review such

determination, the same being a political question. (Osmena vs. Pendatun)

Records and Books of accounts

Preserved and open to the public in accordance with law,; books shall be audited

by COA which shall publish annually an itemized list of amounts paid to and

expenses incurred for each member. (Sec. 20, Art. VI)

Legislative Journal and the Congressional Record

Each House shall keep an 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. (Sec. 16(4), Art. VI)

Matters which under the Constitution, are to be entered in the journal: a. yeas and

nays on the third and final reading of the bill; b. veto message of the President; c.

yeas and nays on the repassing of a bill vetoed by the President; and d. yeas and

nays on any question at the request of 1/5 of members present.

Journal- record of what is done and past in a legislative assembly

Enrolled Bill- one duly introduced and finally passed by both Houses, authenticated

by the proper officers of each, and approved by the President.

Court is bound under the doctrine of separation of powers by the contents of a duly

authenticated measure of the legislature. (Mabanag vs. Lopez)


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Enrolled bill prevails, except as to matters which, under the Constitution, must be

entered in the Journal. (Astorga vs. Villegas)

Congressional Record- the word-for-word transcript of the proceedings taken during

the session.

Electoral Tribunals (Sec. 17, Art. VI)

Composition- Three Supreme Court justices designated by the Chief Justice, and

six members of the House concerned chosen on the basis of proportional

representation from the political parties registered under the party-list system

represented therein. The Senior Justice shall be its chairman.

HRET was created as a non-partisan court. Disloyalty to the party and breach of

party discipline are not valid grounds for the expulsion of members. HRET members

enjoy security of tenure. (Bondoc vs. Pineda)

Power-The Electoral Tribunals of the house of Congress shall be the sole judge of

all contests relating to the election, returns, and qualifications of their respectivemembers.

The HRET shall assume jurisdiction only after the winning candidates (who is a

party to the election controversy) shall have been duly proclaimed, has taken his

oath of office and has assumed the functions of the office, because it is only then

that he is said to be a member of the House. (Aquino vs. COMELEC)

The Electoral Tribunal is independent of the House of Congress. (Angara vs.

Electoral Commission) and its decision may be reviewed by the Supreme Court only

upon showing of grave abuse of discretion in a petition for certiorari filed under

Rule 65 of the Rules of Court. (Pena vs. HRET)

Commission on Appointments (Sec. 18, Art. VI)

Composition- The Senate President, as ex officio Chairman, 12 Senators and 12

Members of the House of Representatives, elected by each House on the basis of

proportional representation from the political parties registered under the party-list

system represented therein. The Chairman shall not vote except in case of a tie.

(Daza vs. Singson)

A political party must have at least two elected Senators for every seat in the

Commission on Appointments. It is not mandatory to elect 12 Senators to the

Commission; what the Constitution requires is that there must be at least a majority

of the entire membership. (Guingona vs. Gonzales)

Powers- The Congress shall act on all appointments submitted to it within 30

session days of Congress from their submission. The Commission shall rule by a

majority vote of its members. The Commission shall meet only while the Congressis in session, at the call of its chairman or a majority of its members. (Sarmiento vs.

Mison)

The Commission on Appointment is independent of the two House of Congress; its

employees are not, technically, employees of Congress. It has the power to

promulgate its own rules of procedure. (Pacete vs. Sec, COA)

Powers of Congress

1. General (plenary) legislative power (Sec. 1, Art. VI). Legislative power is

the power o propose, amend, and repel laws.

a. Limitations:

Substantive:

Express: Bill of Rights, on appropriations, on taxation,

Constitutional appellate jurisdiction of the Supreme Court, no law

granting a title of royalty or nobility shall be passed.

Implied: Non-delegation of powers, and prohibition against the

passage of irrepealable laws.

Procedural:

Only one subject, to be expressed in the title thereof. (Sec. 26,

Art. VI)

Three readings on separate days: printed copies of bill in its final

form distributed to members three days before its passage,

except when the President certifies to its immediate enactment to

meet a public calamity or emergency; upon last reading, no


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amendment allowed, and vote thereon taken immediately and

yeas and nays entered in the Journal. (Sec. 26, Art. VI)

The Presidential Certification dispensed with the requirement not

only of printing but also that of reading bill on separate days.

Legislative Process

Procedure

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 hen the President

certifies to the necessity of its immediate enactment to meet a public calamity or

emergency. (Sec. 26 (2), Art. VI)

It is within the power of the Bicameral Conference Committee to include in its report

an entirely new provision that is not found either in House or Senate Bill. (Tolentino

vs. Sec of Finance)

Rules adopted by deliberative bodies are subject to revocation, modification, or

waiver at the pleasure of the body adopting them. (Osmena vs. Pendatun)

Approval of Bills. The bill become a law in any of the following cases:

a. When the president approves the same and signs it.

b. When Congress overrides the Presidential veto. The veto is overridden

upon a vote of 2/3 of all members of the House of origin and the other

House.

Partial veto is allowed only for particular items in an appropriation,

revenue, or tariff bill (Sec. 27 (2), Art. VI)

Congressional veto- a means whereby the legislature can block or

modify administrative action taken under a statute.

c. When the president fails to act upon the bill fot thirty days from receipt

thereof, the bill shall become a law as if he had signed it. (Sec. 27 (1),

Art. VI)

Effectivity of laws(Art. 2, New Civil Code) Tanada vs. Tuvera)

Power of Appropriation

The spending power, called the power of the purse belongs to Congress, subject

only to the veto power of the President. The power of appropriation carries with it

the power to specify the project or activity to be funded under the appropriation law.

(PhilConSa vs. Enriquez)

Need for Appropriation

No money shall be paid out of the Treasury except in pursuance of anappropriation made by law. (Sec. 29 (1), Art. VI)

Appropriation Law- the primary and specific purpose of which is to authorize the

release of public funds from Treasury.

Classification

a. General Appropriation Law- passed annually, intended to provide for the

financial operations of the entire government during one fiscal period.

b. Special Appropriation Law- designed for specific purpose.

Implied limitations on appropriation measures:

-Appropriation must be devoted to public purpose. (Pascual vs. Sec of

Public Works and Communications)

-The sum authorized to be released must be determinate, or at least

determinable.

Constitutional limitations on special appropriation measures:

-must specify the public purpose for which the sum is intended.

-must be supported bby funds actually available as certified to by theNational Treasurer, or to be raised by a corresponding revenue proposal included

therein. (Sec. 25 (4), Art. VI)

Constitutional limitations on General Appropriations Law (Sec. 25, Art. VI):

-Congress may not increase the appropriations recommended by the

President for the operation of the government as specified in the budget.


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-the form, content, and manner of preparation of the budget shall be

prescribed by law.

-No provision or enactment shall be embraced unless it relates specifically

to some particular appropriation therein. (Garcia vs. Mata)

-procedure for approving appropriations for Cngress shall strictly follow the

procedure for approving appropriations for other departments and agencies.

-prohibition against transfer of appropriations. 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 heads of Constitutional Commissions may, by law, be

authorized to augment any item in the general appropriation law for their respective

offices from savings in other items in their respective appropriations. (Sec. 25 (5),

Art. VI)

-prohibition against appropriation for sectarian benefit.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 the priest, preacher, minister, or dignitary is

assigned to the armed forces, or to any penal institution, or government orphanage

or leprosarium. ( Sec. 29 (2), Art. VI)

-automatic reappropriation. 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. (Sec. 25 (7), Art. VI)

Impoundment- the refusal by the president for whatever reason to spend the fundsmade available by Congress. (PhilConSa vs. Enriquez)

Power of Taxation

Limitations:

-rule of taxation shall be uniform and equitable. Congress shall evolve a

progressive system of taxation.

-Charitable institutions, etc. and all lands, building and improvements

actually, directly, and exclusively used for relisious charitable or educational

purposes shall be exempt from taxation. (Sec. 28 (3), Art. VI)

-All revenues and assets of non-stock, non-profit educational institutions

used actually, directly, and exclusively for educational purposesshall be exempt

fromt taxation and duties. (Sec. 4(3), Art. XIV)

-Law granting tax exemption shall be passed only with the concurrence of

the majority of all the members of Congress. (Sec. 29 (4), Art. VI)

Power of Legislative Investigation

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

or procedure. The rights of persons appearing in or affected by such inquiries shall

be respected. (Sec. 21, Art. VI)

Limitations:

-in aid of legislation

-in accordance with the duly published rules of procedure

-rights of persons appearing in, or affected by such, inquiry shall be

respected.

Power to punish contempt- punishment of contumacious witness may include

imprisonment, for the duration of the session. The Senate, being a continuing body,

may order imprisonment for an indefinite period, but principles of due process and

equal protection will have to be considered. (Arnault vs. Balagtas)

Question Hour. The heads of departments may upon their own initiative, with the

consent of the President, or upon the request of either House, as the rule 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, the appearance shall be conducted in

executive session. (Sec. 22, Art. VI)


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Power to conduct in aid of legislation- the aim of which is to elicit information that

may be used for legislation. (Senate vs. Ermita)

Power to conduct a question hour- the objective of which is to obtain information in

pursuit of Congress oversight function. (Senate vs. Ermita)

When Congress merely seeks to be informed on how department heads are

implementing the statutes which it has issued, its right to such information is not asimperative as that of the President to whom the department heads must give a

report of their performance as a matter of duty. The Congress may only request the

appearance of department heads who may appear with the consent of the

president.

When the inquiry in which the Congress requires their appearance is aid of

legislation under section 21, the appearance is mandatory. When Congress

exercises its power of inquiry, the only way for department heads to exempt

themselves therefrom is by valid claim of executive privilege.

War powers

By a vote of 2/3 of both Houses in joint session assembled, voting separately,

declare the existence of state of war.

Power to act as Board of Canvassers in election of President (Sec. 4, Art. VII)

Even after Congress has adjourned its regular session, it may continue to perform

this constitutional duty of canvassing the presidential and vice-presidential election

results without need of any call for a special session by the President. (Pimentel vs.

Joint Committee of Congress)

Power to call a special election for President and Vice-president. (Sec. 19, Art.

VII)

Power to judge Presidents physical fitness to discharge the functions of the

presidency. (Sec. 11, Art. VII)

Power to revoke or extend suspension of the privilege of writ of habeas

corpus or declaration of martial law. (Sec. 18, Art. VII)

Power to concur in Presidential Amnesties. Concurrence of majority of the

members of Congress. (Sec. 19, Art. VII)

Power to concur in treaties or international agreements. Concurrence of at

least 2/3 of all the members of the Senate. (Sec. 21, Art. VII)

Power to confirm certain appointments/ nominations made by the President.

Nomination made by the President in the event of a vacancy in the Office of the

Vice-President, from among the members of Congress, confirmed by a majority vote

of all the Members of both Houses of congress, voting separately. (Sec. 9, Art. VII)

Nominations made by the president under section 16, Art. VII, confirmed by the

Commission on Appointments.

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

Power relative to natural resources. (Sec. 2, Art. XII)

Power to propose amendments to the constitution. (Secs. 1 and 2, Art. XVII)

_____________________

Executive Department

The President

Qualifications(Sec. 2, Art. VII)

a. natural-born citizen of the Philippines;

b. a registered voter;


d. at least forty years of age on the day of the election; and

e. a resident of the Philippines for at least ten years immediately preceding

such election.

Election (Sec. 4, Art. VII)


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Regular: Second Sunday of May

Congress as canvassing board: 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 Congress, directed to the Senate President, who, upon receipt of

the certification of canvass, shall, not later than 30 days after the day of the lection,

open all the certificates in the presence of the Senate and the House of

Representatives in joint public session, and the Congress, upon determination ofthe authenticity and due execution thereof in the manner provided by law, canvass

the votes.

Congress may validly delegate the initial determination of the authenticity and due

execution of the certificates of canvass to a Joint Congressional Committee,

composed of the members of the House of Representatives, and the Senate.

Supreme Court as Presidential Electoral Tribunal: 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.

Term of office: 6 years

No reelection; and no person who has succeeded as President and has served as

such for more than four years shall be qualified for reelection to the same office at

any time.

Oath of office- Sec. 5, Art. VII

Privileges- Sec. 6, Art. VII

Official Residence

Salary- determined by law, shall not be decreased during tenure. No increase shalltake effect until the expiration of the term of the incumbent during which such

increase was approved.

Immunity from suit- President is immune from suit; she may not be prevented from

instituting suit. (Soliven vs. Makasiar)

After his tenure, the President cannot invoke immunity from suit for civil damages

arising out of acts done by him while he was President which were not performed in

the exercise of official duties. (Estrada vs. Desierto)

Department Secretary who is an alter ego of the President cannot invoke immunity

from suit in a case filed against him because the questioned acts are not the acts of

the President.

Executive privilege- the right of the President and high-level executive branch

officials to withhold information from Congress, the courts, and ultimately, the public.

(Senate vs. Ermita)

The necessity for withholding the information must be of such a high degree as to

outweigh the public interest enforcing that obligation in a particular case. (Senate

vs. Ermita)

Prohibitions/ inhibitions (Secs. 6 and 13, Art. VII)

a. Shall not receive any other emoluments from the government or any other

source.

b. Unless otherwise provided by the Constitution, shall not hold any other

office or employment.

The Vice-President may be appointed to the Cabinet, without the need of

confirmation by the Commission on Appointments; and the Secretary of

Justice is an ex-officio member of the JBC.

c. Shall not, 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, including GOCC or their

subsidiaries.

d. Strictly avoid conflict of interest in the conduct of their office.

e. May not appoint spouse or relatives by consanguinity or affinity within thefourth civil degree as members of Constitutional Commissions, or the

Office of the Ombudsman, or as secretaries, undersecretaries, chairmen or

heads of bureaus or offices, including GOCC and their subsidiaries.

Rules on Succession

a. Vacancy at the beginning of the term


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_______________

Powers of the President

The executive Power (Secs. 1, Art. VII):

The executive power shall be vested in the President of the Philippines. Sec. 17,

Art. VII: xxx he shall assure that the laws are faithfullyexecuted.

Executive power- the power to enforce and administer the laws.

Authority to organize the Office of the President- the President can reorganize the

Office of the President proper by abolishing, consolidating or merging units, or by

transferring functions from one unit to another.

The power of appointment (Sec. 16, Art. VII):

The President shall nominate and, with the Consent of the Commission on

Appointments, appoint the heads of the executive departments, 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 thisConstitution. He shall also appoint all other officers of the Government whose

appointments are not otherwise provided for by la, 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.

Appointment- the selection, by the authority vested with the power, of an individual

who is to exercise the functions of a given office.

Designation- imposition of additional duties, usually by law, on a person already in

the public service.

Commission- written evidence of the appointment.

Appointments, classified

Permanent or temporary

Permanent appointments- those extended to persons possessing the

qualifications and the requisite eligibility and are thus protected by the

constitutional guarantee of security of tenure.

Temporary appointment- given to person without such eligibility, revocable at

will and without the necessity of just cause or a valid investigation.

Temporary appointment and a designation are not subject to confirmation by the

Commission on Appointments. (Valencia vs. Peralta)

Regular or ad interim

Regular appointment- one made by the President while the Congress is in

session, takes effect only after confirmation by the Commission on

Appointments, and once approved, continues until the end of the term of the

appointee.

Ad Interim appointment- one made by the President while Congress is not in

session, takes effect immediately, but ceases to be valid if disapproved by the

Commission on Appointments or upon the next adjournment of Congress.

Ad interim appointment is a permanent appointment. (Pamantasan ng Lungsod ng

Maynila vs. IAC) The fact that it is subject to confirmation by the Commission on

Appointments does not alter its permanent character. (Matibag vs. Benipayo)

Disapproval is final and binding on both the appointee and the appointing power.

(Matibag vs. Benipayo)

Steps in the appointing process:

a. Nomination by the President;

b. Confirmation by the Commission on Appointments;

c. Issuance of the commission;

d. Acceptance by the appointee.

Appointment is deemed complete only upon acceptance. (Lacson vs. Romero)

Special Constitutional Limitations on the Presidents appointing power:

a. The president may not appoint his spouse and relatives by consanguinity

or affinity within the fourth civil degree as Members of the Constitutional

Commissions, as Ombudsman, or as Secretaries, Undersecretaries,

Chairmen, or heads of bureaus or offices, including GOCC. (Sec. 13, Art.

VII)


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b. Appointments extended by an acting President shall remain effective

unless revoked by the elected President within ninety days from his

assumption of office. (Sec. 14, Art. VII)

c. To 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. (Sec. 15, Art. VII)There is no law that prohibits local executive officials from making appointments

during the last days of their tenure. (De Rama vs. CA)

The President is neither required to make appointments to the courts nor allowed to

do so. While the filling up of vacancies in the judiciary is undoubtedly in the public

interest, there is no showing of any compelling reason to justify the making of the

appointments during the period of the ban. ( In re: Mateo Valenzuela)

The Power of Removal

General Rule: the power of removal may be implied from the power of appointment.

Exception: the Constitution prescribes certain methods for separation of such

officers from public service.

The Power of Control

The President shall have control of all the executive department, bureaus, and

offices. x x x

Control- the power of an officer to alter or modify, or nullify or set aside what a

subordinate officer had done in the performance of his duties and to substitute the

judgment of the former for that of the latter. (Mondano vs. Silvosa)

Supervision- overseeing, or the power or authority of an officer to see that

subordinate officers perform their duties, and if the latter fail or neglect to fulfill them,

then the former may take such action or steps as prescribed by law to make them

perform their duties.

The Presidents power to reorganize the executive branch is also an exercise of his

residual powers under Administrative Code of the Philippines.

P.D. 1772, which amended P.D. 1416 grants the President the continuing authority

to reorganize the national government which includes the power to group,

consolidate bureaus and agencies, to abolish offices, to transfer functions, to create

and classify functions, services and activities, and to standardize salaries and

materials. (MEWAP vs. Romulo)

The Alter-Ego Principle (Doctrine of Qualified Political Agency)- recognizes the

establishment of a single executive, all executives and administrative organizationsare adjuncts of the executive department, the head of the various executive

departments are assistants and agents of the Chief Executive. (DENR vs. DENR

Region XII Employees)

Even if a Secretary is an alter-ego of the President, a Secretary cannot invoke the

Presidents immunity from suit in a case filed against him, inasmuch as the

questioned acts are not those of the Pres

Political Law Final

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