UP 2012 Political Law (Constitutional 1)

POLITICAL LAW REVIEWER TABLE of CONTENTS

2

CO

NS

TIT

UTIO

NAL

LAW

I

CONSTITUTIONAL LAW 1Table of Contents

Chapter I. The State .................................................3I. Territory .......................................................3

A. 1987 Const., Art. I ...................................3B. Treaty of Paris, Art. III .............................3C. Archipelagic Doctrine ..............................4

II. People..........................................................4A. Definition .................................................4B. Citizenship ..............................................4

III. Sovereignty..................................................6A. Kinds.......................................................6B. Theory of Auto-Limitation ........................6C. Dominium v Imperium ........................6D. Jurisdiction ..............................................6E. Suits Against the State and the Doctrineof Sovereign Immunity......................................7

IV. Government .................................................8A. Definition .................................................8B. Functions ................................................8C. Doctrine of Parens Patriae ......................8D. De Jure and De Facto Governments.......9

Chapter II. Structure and Powers of Government Separation of Powers ............................................10

I. Legislative Department ..............................10A. Nature and Classification of LegislativePower .............................................................10B. Composition, Qualifications and Term ofOffice10C. Election .................................................11D. Salaries, Privileges and Disqualifications

12E. Internal Government of Congress .........13F. Electoral Tribunals ................................14G. Commission on Appointments ..............15H. Powers of Congress..............................16

II. Judiciary.....................................................21A. In General .............................................21B. Supreme Court......................................23C. Judicial and Bar Council........................25

III. Executive ...................................................25A. The President........................................25B. Vice President.......................................41

IV. Constitutional Commissions.......................42A. Common Provisions..............................42B. Civil Service Commission......................42C. Commission on Elections......................43D. Commission on Audit ............................44

V. Constitutionally-Mandated Bodies .............44A. Sandiganbayan .....................................44B. Ombudsman .........................................44C. Commission on Human Rights..............45

Chapter III. National Economy and Patrimony.....46I. General Principles .....................................46

A. Goals.....................................................46B. Citizenship Requirements .....................46C. Filipino First...........................................46

II. Natural Resources .....................................46A. Regalian Doctrine [Jura Regalia] ..........46

B. Exploration, Development, and Utilization47

C. Stewardship Concept ............................48III. Private Lands.............................................48

A. General Rule .........................................48B. Exceptions.............................................48

IV. Monopolies.................................................48V. Central Monetary Authority ........................48

Chapter IV. Current Events and Special Topics ..49I. Party-List System.......................................49II. Question Hour v. Inquiries In Aid ofLegislation ...........................................................51III. Executive Privilege................................51IV. Peoples Initiative .......................................52V. Right of Reply ............................................53VI. The (Erstwhile) Province of ShariffKabunsuan ..........................................................53VII. MOA on Ancestral Domain (MOA-AD) ..54

POLITICAL LAW REVIEWER

CONSTITUTIONAL LAW I TEAM

Dean Marvic MVF LeonenFaculty Editor

Earla LangitLead Writer

Abigail AlamedaMaricor EstrellaKate Lomoljo

Writers

POLITICAL LAW

Jennifer GoSubject Editor

ACADEMICS COMMITTEE

Kristine BongcaronMichelle Dy

Patrich LeccioEditors-in-Chief

PRINTING & DISTRIBUTION

Kae Guerrero

DESIGN & LAYOUT

Pat HernandezViktor Fontanilla

Romualdo Menzon Jr.Rania Joya

LECTURES COMMITTEE

Michelle AriasCamille MarananAngela Sandalo

Heads

Katz ManzanoSam Nuez

Arianne Cerezo

Mary Rose BeleyKrizel MalabananMarcrese Banaag

Volunteers

MOCK BAR COMMITTEE

Lilibeth Perez

BAR CANDIDATES WELFARE

Dahlia Salamat

LOGISTICS

Charisse Mendoza

SECRETARIAT COMMITTEE

Jill HernandezHead

Loraine MendozaMary Mendoza

Faye CelsoJoie Bajo

Members

Chapter I. The State

I. TERRITORYA. 1987 CONSTITUTION, ART. IB. TREATY OF PARISC. ARCHIPELAGIC DOCTRIN

II. PEOPLEA. DEFINITIONSB. CITIZENSHIP

III. SOVEREIGNTYA. KINDSB. THEORY OF AUTO-LIMITATIONC. DOMINIUM V. IMPERIUMD. JURISDICTIONE. SUITS AGAINST THE ST

DOCTRINE OF SOVEREIGIV. GOVERNMENT

A. DEFINITIONB. FUNCTIONSC. DOCTRINE OF PARENS PD. DE JURE AND DE FACTO

I. Territory(Asked 7 times in the Bar)

A. 1987 Const., Art. I

SCOPE OF THE NATIONAL TERRITORY ASDEFINED IN THE CONSTITUTION1) Philippine archipelago2) All other territories over which the Philippines has

sovereignty or jurisdiction3) Territorial sea, Seabed, Subsoil, Insular shelves,

and other submarine areas corresponding to (1)and (2)

4) (1) and (2) also consist of terrestrial, fluvial, andaerial domains

B. Treaty of Paris, Art. III

Spain cedes to the United States the archipelagoknown as the Philippines Islands, and comprehendingthe islands lying within the following line xxx

*Image taken from:http://media.photobucket.com/image/philippine%20map%20image%20international%20law/jibrael_2007/Jibrael%202008/map1_rpterritory.jpg

CO

NS

TIT

UTIO

NAL

LAW

I

Chapter I. THE STATE

3

CO

NS

TIT

UTIO

NAL

LAW

IRT. I

ARCHIPELAGIC DOCTRINE

LIMITATION

SUITS AGAINST THE STATE AND THEDOCTRINE OF SOVEREIGN IMMUNITY

ATRIAEGOVERNMENTS

NATIONAL TERRITORY ASDEFINED IN THE CONSTITUTION

All other territories over which the Philippines has

Territorial sea, Seabed, Subsoil, Insular shelves,and other submarine areas corresponding to (1)

(1) and (2) also consist of terrestrial, fluvial, and

Spain cedes to the United States the archipelagoknown as the Philippines Islands, and comprehendingthe islands lying within the following line xxx

http://media.photobucket.com/image/philippine%20map%20image%20international%20law/jibrael_2007/Jibrael%202008/map1_rpterritory.j

POLITICAL LAW REVIEWER Chapter I. THE STATE

4

CO

NS

TIT

UTIO

NAL

LAW

I

C. Archipelagic Doctrine

Elements:1. Internal waters waters around, between and

connecting the islands of the archipelago2. Straight baseline method consists of drawing

straight lines connecting appropriate points onthe coast without departing to any appreciableextent from the general direction of the coast,in order to delineate the internal waters from theterritorial waters of an archipelago

Refer to PIL, Chap. 12, II for further discussionon Baselines

II. PeopleA. Definition

The term assumes three different meanings,depending on the context in which it is used:(NACHURA)

1. Inhabitants, as used in:i. The right of the people to be secure in

their persons, houses, papers, and effectsagainst unreasonable searches and seizuresof whatever nature and for any purpose shallbe inviolable x x x (Sec 2, Art III)

The right of an individual to besecure in his person is guaranteedby the Constitution. The same isdeclared a popular right of thepeople and indisputably applies toboth citizens and foreigners in thiscountry. [Qua Chee Gan vsDeportation Board (1963)]

ii. Civilian authority is, at all times, supremeover the military. The Armed Forces of thePhilippines is the protector of the peopleand the State. Its goal is to secure thesovereignty of the State and the integrity ofthe national territory. (Sec 3, Art II)

2. Electors, as used in:i. The President and the Vice-President shall

be elected by direct vote of the people(Sec 4, Art VII)

3. Citizens, as used in:i. We, the sovereign Filipino people

(Preamble)ii. The Philippines is a democratic and

republican State. Sovereignty resides inthe people and all government authorityemanates from them. (Sec 1, Art II)

iii. The prime duty of the Government is toserve and protect the people. TheGovernment may call upon the people todefend the State and, in the fulfillmentthereof, all citizens may be required, underconditions provided by law, to renderpersonal military, or civil service. (Sec 4, ArtII)

The right of the people to information on matters ofpublic concern shall be recognized. Access to officialrecords, and to documents, and papers pertaining toofficial acts, transactions, or decisions, as well as togovernment research data used as basis for policydevelopment, shall be afforded the citizen, subject tosuch limitations as may be provided by law. (Sec 7,Art III)

As an element of a state, people means acommunity of persons adequate in number for self-sufficiency and defense, and also capable ofmaintaining the continued existence of thecommunity and held together by a common bond oflaw. (BERNAS)

B. Citizenship

(Asked 25 times in the Bar)

1. Who are citizens?i. Citizens of the Philippines at the time of the

adoption of this Constitution;ii. Those whose fathers or mothers are citizens

of the Philippines;iii. Those who elected to be citizens. This is

available only to:- those born before January 17, 1973,- to Filipino mothers,- and elect Philippine citizenship upon

reaching the age of majorityiv. Those naturalized in accordance with law.

ARTICLE IV, Section 1 (3), 1987 Constitution isalso applicable to those who are born to Filipinomothers and elected Philippine citizenship beforeFebruary 2, 1987.

This is to correct the anomalous situationwhere one born of a Filipino father and an alienmother was automatically granted the status of anatural-born citizen, while one born of a Filipinomother and an alien father would still have toelect Philippine citizenship. [Co v. ElectoralTribunal of the House of Representatives (1991)]

2. Natural-borni. citizens of the Philippines from birth without

having to perform any act to acquire orperfect their Philippine citizenship; and

ii. those who elect Philippine citizenship inaccordance with ARTICLE IV, Section 1 (3)

The term "natural-born citizens," isdefined to include "those who arecitizens of the Philippines from birthwithout having to perform any act toacquire or perfect their Philippinecitizenship." [Tecson vs COMELEC(2004)]

Only two, i.e., jus soli and jus sanguinis, couldqualify a person to being a "natural-born" citizenof the Philippines. Jus soli, per Roa vs. Collectorof Customs (1912), did not last long. With theadoption of the 1935 Constitution and the


5

CO

NS

TIT

UTIO

NAL

LAW

I

reversal of Roa in Tan Chong vs. Secretary ofLabor (1947), jus sanguinis or bloodrelationship would now become the primarybasis of citizenship by birth.

3. Who must be Natural-Born?i. President (Sec. 2, Art VII)ii. Vice-President (Sec. 3, Art VII)iii. Members of Congress (Secs. 3 and 6, Art VI)iv. Justices of SC and lower collegiate courts

(Sec. 7 (1), Art VIII)v. Ombudsman and his deputies (Sec. 8, Art

XI)vi. Members of Constitutional Commissionsvii. CSC (Sec. 1 (1), Art IX B)viii. COMELEC (Sec. 1 (1) Art IX C)ix. COA (Sec. 1 (1), Art IX D)x. Members of the Central Monetary Authority

(Sec. 20, Art XII)xi. Members of the Commission on Human

Rights (Sec. 17 (2), Art XIII)

4. Grounds for Loss of Citizenshipi. Naturalization in a foreign country [Sec.1 (1),

CA 63];ii. Express renunciation or expatriation [Sec.1

(2), CA 63];iii. Taking an oath of allegiance to another

country upon reaching the age of majority;iv. Accepting a commission and serving in the

armed forces of another country, unlessthere is an offensive/ defensive pact with thecountry, or it maintains armed forces in RPwith RPs consent;

v. Denaturalization;vi. Being found by final judgment to be a

deserter of the AFP;vii. Marriage by a Filipino woman to an alien, if

by the laws of her husbands country, shebecomes a citizen thereof.

Expatriation is a constitutional right.No one can be compelled to remain aFilipino if he does not want to. [GoGullian vs Government]

EXCEPTION: A Filipino may not divesthimself of Philippine citizenship in anymanner while the Republic of the Philippinesis at war with any country. (Sec. 1 (3), Com.Act No. 63)

Aznar v COMELEC, (1995)Loss of Philippine citizenship cannot bepresumed. Considering the fact that admittedly,Osmea was both a Filipino and an American,the mere fact that he has a certificate stating thathe is an American does not mean that he is notstill a Filipino, since there has been NOEXPRESS renunciation of his Philippinecitizenship. [Aznar vs COMELEC (1995)]

5. How may citizenship be reacquired?i. Naturalization (CA No. 63 and CA No. 473)

now an abbreviated process, no need towait for 3 years (1 year for declaration ofintent, and 2 years for the judgment tobecome executory)

requirements:a.) be 21 years of ageb.) be a resident for 6 monthsc.) have good moral characterd.) have no disqualification Naturalization is never final and

may be revoked if one commits actsof moral turpitude. [Republic vs Guy(1982)]

ii. Repatriation Repatriation results in the recovery of

the original nationality. Therefore, if he isa natural-born citizen before he lost hiscitizenship, he will be restored to hisformer status as a natural-born Filipino.[Bengson III vs. HRET (2001)]

Mere filing of certificate of candidacyis not a sufficient act of repatriation.Repatriation requires an express andequivocal act. [Frivaldo vs COMELEC(1989)]

In the absence of any official action orapproval by proper authorities, a mereapplication for repatriation does not,and cannot, amount to an automaticreacquisition of the applicantsPhilippine citizenship. [Labo vsCOMELEC (1989)]

iii. Legislative Act both a mode of acquiring and

reacquiring citizenship

6. Dual Allegiancei. aliens who are naturalized as Filipinos but

remain loyal to their country of origin (citesource)

ii. public officers who, while serving thegovernment, seek citizenship in anothercountry (cite source)

disqualified from running for any electivelocal position. (Sec 40d, Local GovernmentCode)

Once a candidate files his candidacy, he isdeemed to have renounced his foreigncitizenship. [Mercado vs Manzano (1999)]

Clearly, in including 5 in Article IV oncitizenship, the concern of theConstitutional Commission was not withdual citizens per se but with naturalizedcitizens who maintain their allegiance totheir countries of origin even after theirnaturalization. Hence, the phrase dual


6

CO

NS

TIT

UTIO

NAL

LAW

I

citizenship in R.A. No. 7160, 40(d) andin R.A. No. 7854, 20 must be understoodas referring to dual allegiance.

Consequently, persons with mere dualcitizenship do not fall under thisdisqualification. Unlike those with dualallegiance, who must, therefore, be subjectto strict process with respect to thetermination of their status, for candidateswith dual citizenship, it should suffice if,upon the filing of their certificates ofcandidacy, they elect Philippinecitizenship to terminate their status aspersons with dual citizenship consideringthat their condition is the unavoidableconsequence of conflicting laws of differentstates.

Cf: RA 9225 (Citizenship Retention and Re-acquisitionAct of 2003)

Sec. 3. Retention of Philippine Citizenship. Anyprovision of law to the contrary notwithstanding, natural-borncitizens of the Philippines who have lost their Philippinecitizenship by reason of their naturalization as citizens of aforeign country are hereby deemed to have re-acquiredPhilippine citizenship upon taking the following oath ofallegiance to the Republic: xxxNatural-born citizens of the Philippines who, after theeffectivity of this Act, become citizens of a foreign countryshall retain their Philippine citizenship upon taking theaforesaid oath.

Sec. 4. Derivative Citizenship. The unmarried child,whether legitimate, illegitimate or adopted, below eighteen(18) years of age, of those who re-acquire Philippinecitizenship upon effectivity of this Act shall be deemedcitizens of the Philippines.

Sec. 5. Civil and Political Rights and Liabilities. Thosewho retain or re-acquire Philippine citizenship under this Actshall enjoy full civil and political rights and be subject to allattendant liabilities and responsibilities under existing laws ofthe Philippines and the following conditions:(1) Those intending to exercise their right of suffrage must

meet the requirements under Sec. 1, Art. V of theConstitution, RA 9189, otherwise known as "TheOverseas Absentee Voting Act of 2003" and otherexisting laws;

(2) Those seeking elective public office in the Philippinesshall meet the qualifications for holding such publicoffice as required by the Constitution and existing lawsand, at the time of the filing of the certificate ofcandidacy, make a personal and sworn renunciation ofany and all foreign citizenship before any public officerauthorized to administer an oath;

(3) Those appointed to any public office shall subscribeand swear to an oath of allegiance to the Republic ofthe Philippines and its duly constituted authorities priorto their assumption of office: provided, that theyrenounce their oath of allegiance to the country wherethey took that oath;

(4) Those intending to practice their profession in thePhilippines shall apply with the proper authority for alicense or permit to engage in such practice; and

(5) That right to vote or be elected or appointed to anypublic office in the Philippines cannot be exercised by,or extended to, those who:(a) are candidates for or are occupying any public

office in the country of which they are naturalized

citizens; and/or(b) are in active service as commissioned or non-

commissioned officers in the armed forces of thecountry which they are naturalized citizens.

III. Sovereignty(Asked 4 times in the Bar)

Supreme and uncontrollable power inherent in aState by which the State is governed.

A. Kinds

1. Legal sovereignty - power to issue finalcommands.

2. Political sovereignty - power behind the legalsovereign, or the sum total of the influences thatoperate upon it.

3. Internal sovereignty - power to control domesticaffairs.

4. External sovereignty (also known asindependence) - power to direct relations withother states.

B. Theory of Auto-Limitation

It is the property of the State-force due to which aState has exclusive legal competence of self-limitation and self-restriction.

Sovereignty is subject to restrictions andlimitations voluntarily agreed to by thePhilippines, expressly or impliedly, as a memberof the family of nations. [Taada vs Angara(1997)]

C. Dominium v Imperium

[Lee Hong Hok v. David, (1972)]

Dominium capacity of the State to own property. covers such rights as title to land,

exploitation and use of it, and disposition orsale of the same.

Regalian doctrine all lands of the public domain belong to

the State, and anyone claiming title hasthe burden to show ownership, comeswithin this concept. In this capacity, theState descends to the status of ordinarypersons and thus becomes liable assuch. [Cruz v. Sec of DENR, (2000)]

Imperium States authority to govern. covers such activities as passing laws

governing a territory, maintaining peace andorder over it, and defending it against foreigninvasion.

When the State acts in this capacity, itgenerally enjoys sovereign immunity.


7

CO

NS

TIT

UTIO

NAL

LAW

I

D. Jurisdiction

Jurisdiction is the manifestation of sovereignty.The jurisdiction of the state is understood as bothits authority and the sphere of the exercise of thatauthority. (SINCO)

1. KINDS:i. Territorial jurisdiction

authority of the State to have all personsand things within its territorial limits to becompletely subject to its control andprotection.

ii. Personal jurisdiction authority of the State over its nationals,

their persons, property, and acts,whether within or outside its territory.(Art 15, CC: Laws relating to familyrights and duties, or to the status,condition and legal capacity of personsare binding upon citizens of thePhilippines, even though living abroad.)

iii. Extraterritorial jurisdiction authority of the State over persons,

things, or acts, outside its territorial limitsby reason of their effects to its territory

E. Suits Against the State and the Doctrine ofSovereign Immunity

(Asked two times in the Bar)

The State may not be sued without its consent.(Sec 3, Art XVI)

There can be no legal right as against theauthority that makes the laws on which the rightdepends. also called the doctrine of RoyalPrerogative of Dishonesty. [Kawananakoa v.Polyblank (1907)]

If the State is amenable to suits, all its time wouldbe spent defending itself from suits and thiswould prevent it from performing it otherfunctions. [Republic vs. Villasor (1973)]

1. A suit is against the State regardless of who isnamed the defendant if:i. it produces adverse consequences to the

public treasury in terms of disbursement ofpublic funds and loss of governmentproperty.

ii. cannot prosper unless the State has given itsconsent.

2. In the following instances, it was held that the suitis not against the State:i. when the purpose of the suit is to compel an

officer charged with the duty of makingpayments pursuant to an appropriationmade by law in favor of the plaintiff to makesuch payment, since the suit is intended tocompel performance of a ministerial duty.[Begoso v. PVA (1970)]

ii. when from the allegations in the complaint, it

is clear that the respondent is a publicofficer sued in a private capacity;

iii. when the action is not in personam with thegovernment as the named defendant, but anaction in rem that does not name thegovernment in particular.

3. How the States consent to be sued is given:i. Express consent

a. It is effected only by the will of thelegislature through the medium of a dulyenacted statute.

b. may be embodied either in a:General Law authorizes any person who meets

the conditions stated in the law tosue the government in accordancewith the procedure in the law

Special Law may come in the form of a private

bill authorizing a named individualto bring suit on a special claim

Art 2189, CC: Provinces, cities andmunicipalities shall be liable fordamages for the death or injuriessuffered by any person by reason ofthe defective conditions of roads,streets, public buildings and otherpublic works under their control andsupervision.

ii. Implied consent when the State enters into a business

contract or itself commences litigation. State may only be liable for

proprietary acts (jure gestionis) andnot for sovereign acts (jure imperii)

When state files complaint, suabilitywill result only where thegovernment is claiming affirmativerelief from the defendant. [US v.Guinto, (1990)]

When it would be inequitable for theState to invoke its immunity.

In instances when the State takesprivate property for public use orpurpose.

iii. When does Liability Attach?a. The Government is only liable for the

acts of its agents, officers andemployees, when they act as specialagents within the meaning of Art. 2180(6) CC.

Special Agent one who receives a definite and fixed

order or commission, foreign to theexercise of the duties of his office if he isa special official. [Merritt v. Govt of thePhilippine Islands, (1916)] This concept does not apply to any

executive agent who is anemployee of the activeadministration and who on his ownresponsibility performs the functions


8

CO

NS

TIT

UTIO

NAL

LAW

I

which are inherent in and naturallypertain to his office and which areregulated by law and theregulations.

Unauthorized acts of governmentofficials or officers are not actsof the State, and an action againstthe officials or officers by onewhose rights have been invaded orviolated by such acts, for theprotection of his rights, is not a suitagainst the State.

The doctrine of immunity from suitwill not apply and may not beinvoked where the public official isbeing sued in his private andpersonal capacity as an ordinarycitizen, for acts without authority orin excess of the powers vested inhim. [Lansang vs CA (2000)]

b. When the Government creates acorporation, it invariably provides thiscorporation a separate entity and withthe capacity to sue and be sued. Consent to be sued includes

actions based on quasi-delict eventhough committed by regular, andnot special, agents.

Rule: a government entity can besued for tort, but if it is, it can invokethe defense that it acted through itsregular employee, and not througha special agent.

c. The principle of State immunity from suitdoes not apply when the reliefdemanded requires no affirmativeofficial action on the part of the Stateor the affirmative discharge of anyobligation which belongs to the State inits political capacity, even though theofficers or agents who are madedefendants claim to hold or act only byvirtue of a title of the State and as itsagents and servants. [Republic vSandoval, (1993)]

IV. Government(Asked two times in the Bar)

A. DefinitionSec. 2(1) Administrative Code. Government of theRepublic of the Philippines is defined as:the corporate governmental entity through which thefunctions of government are exercised throughout thePhilippines, including the various arms through which political authority is

made effective in the Philippines, whether pertaining to:1. the autonomous regions,2. the provincial, city, municipal, or barangay

subdivisions, or3. other forms of local government.

Government is that institution or aggregate ofinstitutions by which an independent societymakes and carries out those rules of action whichare necessary to enable men to live in a socialstate or which are imposed upon the peopleforming that society by those who possess thepower or authority of prescribing them.[US vsDorr (1903)]

B. Functions

1. Constituent functions - constitute the very bondsof society; compulsory.i. keeping of order and providing protectionii. fixing of legal relations between man and

wife, and childreniii. regulation of the holding, transmission and

interchange of propertyiv. define crime and punishmentv. regulates and determines contract between

individualsvi. dealings of state with foreign powers

2. Ministrant functions - undertaken to advance thegeneral interests of society; optional.i. public worksii. public educationiii. public charityiv. health and safety regulationsv. trade and industry

The distinction between constituent andministrant functions is not relevant in ourjurisdiction. [ACCFA v. Federation of LaborUnions, (1969)]

C. Doctrine of Parens Patriae

Parens patriae is the task of the government toact as guardian of the rights of the people.

This prerogative of parens patriae is inherent inthe supreme power of every state, whether thatpower is lodged in a royal person or in thelegislature

The Monte de Piedad y Caja de Ahorros deManila is an institution organized in accordancewith the canon law, having been created by theroyal order of the King of Spain of July 8, 1880,made under the royal patronate powers then


9

CO

NS

TIT

UTIO

NAL

LAW

I

existing in the Crown of Spain. The royal orderreferred to created, according to the purposeexpressed therein, an institution for the safeinvestment of the savings of the poor classes andto assist the needy in time of need by loaningsuch savings to them at a low rate of interest.[Government of the Philippine Islands v. Montede Piedad, (1916)]

D. De Jure and De Facto Governments

1. De jure governmenti. has rightful titleii. no power or control, either because this has

been withdrawn from it, or because it has notyet actually entered into the exercise thereof.[In re Letter of Associate Justice Puno,(1992)]

2. De facto governmenti. government of fact, that is, it actually

exercises power or control without legal title.[Co Kim Cham v. Valdes, (1945)]

The legitimacy of the Aquino government isnot a justiciable matter. It belongs to therealm of politics where only the people of thePhilippines are the judge. And the peoplehave made the judgment; they haveaccepted the government of PresidentCorazon C. Aquino which is in effectivecontrol of the entire country so that it is notmerely a de facto government but in factand law a de jure government. Moreover,the community of nations has recognized thelegitimacy of the present government. All theeleven members of this Court, asreorganized, have sworn to uphold thefundamental law of the Republic under hergovernment. [In re Bermudez, (1986) citingLawyers League for a Better Philippines v.Aquino, (1986)]

In the cited cases [Lawyers League for aBetter Philippines and/or Oliver A. Lozano v.President Corazon C. Aquino, et al], we heldthat the government of former PresidentAquino was the result of a successfulrevolution by the sovereign people, albeit apeaceful one. No less than the FreedomConstitution declared that the Aquinogovernment was installed through a directexercise of the power of the Filipino people"in defiance of the provisions of the 1973Constitution, as amended."

It is familiar learning that the legitimacy of agovernment sired by a successful revolutionby people power is beyond judicial scrutinyfor that government automatically orbits out of theconstitutional loop. In checkered contrast, thegovernment of respondent Arroyo is notrevolutionary in character. The oath that shetook at the EDSA Shrine is the oath under the1987 Constitution. In her oath, shecategorically swore to preserve and defend

the 1987 Constitution. Indeed, she has stressedthat she is discharging the powers of thepresidency under the authority of the 1987Constitution.

In fine, the legal distinction between EDSAPeople Power I EDSA People Power II is clear.EDSA I involves the exercise of the people powerof revolution which overthrew the wholegovernment. EDSA II is an exercise of peoplepower of freedom of speech and freedom ofassembly to petition the government for redressof grievances which only affected the office of thePresident. EDSA I is extra-constitutional andthe legitimacy of the new government thatresulted from it cannot be the subject ofjudicial review, but EDSA II is intra-constitutional and the resignation of thesitting President that it caused and thesuccession of the Vice President as Presidentare subject to judicial review. EDSA Ipresented a political question; EDSA II involveslegal questions. xxx

Even if the petitioner can prove that he did notresign, still, he cannot successfully claim that heis a President on leave on the ground that he ismerely unable to govern temporarily. That claimhas been laid to rest by Congress and thedecision that respondent Arroyo is the dejure, president made by a co-equal branch ofgovernment cannot be reviewed by this Court.[Estrada v Desierto/ Estrada v GMA, (2001)]

POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

10

CO

NS

TIT

UTIO

NAL

LAW

I

Chapter II. Structure and Powers ofGovernment Separation of Powers

I. LEGISLATIVE DEPARTMENTA. NATURE AND CLASSIFICATION OF

LEGISLATIVE POWERB. COMPOSITION, QUALIFICATIONS AND TERM

OF OFFICEC. ELECTIOND. SALARIES, PRIVILEGES AND

DISQUALIFICATIONSE. INTERNAL GOVERNMENT OF CONGRESSF. ELECTORAL TRIBUNALSG. COMMISSION ON APPOINTMENTSH. POWERS OF CONGRESS

II. JUDICIAL DEPARTMENTA. IN GENERALB. SUPREME COURTC. JUDICIAL AND BAR COUNCIL

III. EXECUTIVE DEPARTMENTA. PRESIDENTB. VICE-PRESIDENT

IV. CONSTITUTIONAL COMMISSIONSA. COMMON PROVISIONSB. CIVIL SERVICE COMMISSIONC. COMMISSION ON ELECTIONSD. COMMISSION ON AUDIT

V. CONSTITUTIONALLY-MANDATED BODIESA. SANDIGANBAYANB. OMBUDSMANC. COMMISSION ON HUMAN RIGHTS

I. Legislative Department(Asked 23 times in the Bar)

A. Nature and Classification of LegislativePower

1. Nature: The authority to make laws and to alter or

repeal them. Vested in Congress, except to the extent

reserved to the people by provision oninitiative and referendum

Plenary (Congress may legislate on anysubject matter provided that the limitationsare observed.)

2. Classification of Legislative Power: Original - possessed by the sovereign

people Derivative - delegated by the sovereign

people to legislative bodies and issubordinate to the original power of thepeople

Constituent - power to amend and revisethe Constitution

Ordinary - power to pass ordinary laws

B. Composition, Qualifications and Term of Office

Senate(Art. VI secs. 2-4)

House of Representatives(Art. VI secs. 5-8)

Composition 24 senators elected at large Not more than 250 members, unless otherwiseprovided by law, consisting of:1. District Representatives2. Party-List Representatives3. Sectoral Representatives

Qualifications Natural-born citizen At least 35 years old on the day of the

election Able to read and write A registered voter Resident of the Philippines for at least 2

years immediately preceding the day of theelection

Natural-born citizens At least 25 years old on the day of the election Able to read and write Registered voter in the district he seeks to

represent A resident of the said district for at least 1 year

immediately preceding the day of the election

Term ofOffice

6 years 3 years

Term Limits 2 consecutive terms. 3 consecutive terms.

1. Senate(Art. VI Secs. 2-4)

Composition: 24 senators elected at large

Qualifications:1. Natural-born citizen2. At least 35 years old on the day of the

election3. Able to read and write4. A registered voter5. Resident of the Philippines for at least 2

years immediately preceding the day of theelection

Term of Office: 6 years, commencing at noon

on the 30th day of June next following theirelection

Term Limits: only up to 2 consecutive terms.However, they may serve for more than 2 termsprovided that the terms are not consecutive.

2. House of Representatives(Art. VI Secs. 5-8)

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

i. District Representatives elected from legislative districts

apportioned among the provinces, cities,


11

CO

NS

TIT

UTIO

NAL

LAW

I

and the Metro Manila area. Rules on Apportionment of Legislative

Districts:1. Proportional representation based

on number of inhabitantsa. Each city with a population of

at least 250,000, or eachprovince, shall have at least 1representative. Each province,irrespective of the number ofinhabitants, shall have at least1 representative.

b. Each legislative district shallcomprise, as far as practicable,contiguous, compact, andadjacent territory.

2. Re-apportionment by Congresswithin 3 years after the return ofeach census

ii. Party-List Representatives 20% of the total number of

representatives chosen indirectly through a party

selected by voters RA 7941 (An Act Providing For The

Election Of Party-List RepresentativesThrough The Party-List System, AndAppropriating Funds Therefor)o Parties, organizations, and

coalitions must obtain at least 2% ofall votes cast to obtain a party-listseat

o Those garnering more than 2% areentitled to additional seats inproportion to their total number ofvotes, but may not have more than3 seats

o Disqualified:1. Religious Sects2. Foreign Organizations3. Those Advocating Violence or

Unlawful Meanso Qualified Sectors:

1. Labor2. Peasant3. Fisherfolk4. Urban Poor5. Indigenous Cultural

Communities6. Elderly7. Handicapped8. Women9. Youth10. Veterans11. Overseas Workers12. Professionals

iii. Sectoral Representatives For 3 consecutive terms from 2

February 1987, 25 seats shall beallotted to sectoral representatives.

to be chosen by appointment orelection, as may be provided by law

Until a law is passed, they areappointed by the President from a list

of nominees by the respectivesectors. (Art. XVIII, sec. 7)

Sec. 41, RA 7160 (An Act Providing for a Local GovernmentCode of 1991): Manner of Election.

(c) In addition thereto, there shall be one (1) sectoralrepresentative from the women, one (1) from the workers,and one (1) from any of the following sectors: the urbanpoor, indigenous cultural communities, disabled persons, orany other sector as may be determined by the sanggunianconcerned within ninety (90) days prior to the holding of thenext local elections, as may be provided for by law. TheComelec shall promulgate the rules and regulations toeffectively provide for the election of such sectoralrepresentatives.

Qualifications of Representatives:1. Natural-born citizens2. At least 25 years old on the day of

the election3. Able to read and write4. Registered voter in the district he

seeks to represent5. A resident of the said district for at

least 1 year immediately precedingthe day of the election.

Term of Office: 3 years, commencingat noon on the 30th day of June nextfollowing their election.

In B.P. Blg. 881 members of the legislatureincluded in the enumeration of elective publicofficials are to be considered resigned fromoffice from the moment of the filing of theircertificates of candidacy for another office,except for President and Vice-President. Theterm of office prescribed by the Constitutionmay not be extended or shortened by thelegislature, but the period during which anofficer actually holds the office (tenure) maybe affected by circumstances within orbeyond the power of said officer.

Tenure may be shorter than the term orit may not exist at all. These situations willnot change the duration of the term of office.[Dimaporo vs Mitra (1991)]

Term Limits: No member of the Houseof Representatives shall serve for more than3 consecutive terms.

3. Synchronized Terms of Office(Secs 1-2, Art XVIII)

C. Election

1. Regular Elections Unless otherwise provided by law, the

regular election of the Senators and theMembers of the House of Representativesshall be held on the second Monday of May.(Sec 8, Art VI)

2. Special Election In case of vacancy in the Senate or in the

House of Representatives, a special election


12

CO

NS

TIT

UTIO

NAL

LAW

I

may be called to fill such vacancy in themanner prescribed by law,

But the Senator or Member of the House ofRepresentatives thus elected shall serveonly for the unexpired term. (Sec 9, Art VI)

The Constitution mandates that there shouldalways be adequate representation for everyprovince or legislative district. If a vacancyoccurs in a manner contemplated in theConstitution, then Congress has the authority ifnot the duty to call for special elections.[Lozada v. COMELEC, (1983)]

D. Salaries, Privileges and Disqualifications

1. Salaries The salaries of Senators and Members of

the House of Representatives shall bedetermined by law.

No increase in said compensation shall takeeffect until after the expiration of the full termof all the Members of the Senate and theHouse of Representatives approving suchincrease. [Ligot v. Mathay, (1974)]

Official Annual SalaryPresident Php 300,000Vice-President, President ofthe Senate, Speaker of theHouse of Representatives,and Chief Justice of theSupreme Court

Php 240,000

Senators, Members of theHouse of Representatives,Associate Justices of theSupreme Court, andChairmen of theConstitutional Commissions

Php 204,000

Members of theConstitutional Commissions

Php 180,000

2. Freedom from arrest(Art VI Sec 11, 1987 Constitution) A Senator or Member of the House of

Representatives shall, in all offensespunishable by not more than six yearsimprisonment, be privileged from arrest whilethe Congress is in session.

No Member shall be questioned nor be heldliable in any other place for any speech ordebate in the Congress or in any committeethereof.

3. Speech and Debate Clause In this case, a clarification of the scope and

limitation of the parliamentary immunity wasmade. There was reiteration that,

First, Congressional immunity is a guaranteeof immunity from answerability before an outsideforum but not from answerability to thedisciplinary authority of congress itself;

Second, to come under the guarantee thespeech or debate" must be one made "inCongress or in any committee thereof." [Jimenezv. Cabangbang, (1966)]

Each House of the Congress can discipline itsmembers for disorderly conduct or behavior.

What constitutes disorderly behavior isentirely up to Congress to define.

Although a member of Congress shall not beheld liable in any other place for any speech ordebate in the Congress or in any committeethereof, such immunity, although absolute in itsprotection of the member of Congress againstsuits for libel, does not shield the memberagainst the disciplinary authority of theCongress. [Osmena v. Pendatun, (1960)]

4. Disqualifications May not hold any other office or employment

in the government during his term withoutforfeiting his seat. (Art VI Sec 13)

May not be appointed to any office createdor the emoluments thereof were increasedduring the term for which he was elected.(Art VI Sec 13)

Cannot personally appear as counsel beforeany court, electoral tribunal, quasi-judicialand administrative bodies during his term ofoffice. (Art VI Sec 14)

Shall not be financially interested, directly orindirectly, in any contract with, or franchiseor special privilege granted by thegovernment during his term of office. (Art VISec 14)

Shall not intervene in any matter before anyoffice of the government when it is for hispecuniary benefit or where he may be calledupon to act on account of his office. (Art VISec 14)

Certain salient circumstances militate against theintervention of Assemblyman Fernandez in theSEC Case.

He had acquired a mere P200.00 worth ofstock in IPI, representing ten shares out of262,843 outstanding shares.

He acquired them after the contestedelection of Directors, after the quo warranto suithad been filed before SEC, and one day beforethe scheduled hearing of the case before theSEC.

Before he moved to intervene, he hadsignified his intention to appear as counsel forrespondent, but which was objected to bypetitioners. Realizing, perhaps, the validity of theobjection, he decided, instead, to "intervene" onthe ground of legal interest in the matter underlitigation.

Under those facts and circumstances thatthere has been an indirect "appearance ascounsel before ... an administrative body" andthat is a circumvention of the Constitutionalprohibition.

The "intervention" was an afterthought toenable him to appear actively in the proceedingsin some other capacity. [Puyat v De Guzman,(1982)]


13

CO

NS

TIT

UTIO

NAL

LAW

I

5. Duty to Disclose A public officer or employee shall, upon

assumption of office and as often as may berequired by law, submit a declarationunder oath of his assets, liabilities, andnet worth.

Cases wherein declaration shall be disclosedto the public in the manner provided by law:o Presidento Vice-Presidento the Members of the Cabineto the Congresso the Supreme Courto the Constitutional Commissions and

other constitutional officeso officers of the armed forces with

general or flag rank (Art XI Sec 17) All Members of the Senate and the House of

Representatives shall, upon assumption ofoffice, make a full disclosure of their financialand business interests.o They shall notify the House concerned

of a potential conflict of interest that mayarise from the filing of a proposedlegislation of which they are authors.(Art VI Sec 12)

The records and books of accounts of theCongress shall be preserved and be open tothe public in accordance with law,o such books shall be audited by the

Commission on Audit which shallpublish annually an itemized list ofamounts paid to and expenses incurredfor each Member. (Art VI Sec 20)

E. Internal Government of Congress

1. Election of officers

Officers:1. Senate President2. Speaker of the House3. Such officers as deemed by each house to be

necessary

Election of Officers: By a majority vote of allrespective members

2. Quorum

Majority of each House shall constitute aquorum.

A smaller number may adjourn from day to dayand may compel the attendance of absentmembers.

In computing a quorum, members who areoutside the country, thus outside of each Housescoercive jurisdiction, are not included.

Majority refers to the number of memberswithin the jurisdiction of the Congress (thoseit can order arrested for the purpose ofquestioning). In this case, one Senator was out ofthe Philippines which is not within thejurisdiction of the Senate, so that the workingmajority was 23 Senators.There is a difference between a majority of "all

members of the House" and a majority of "theHouse", the latter requiring less number than thefirst. Therefore, an absolute majority (12) of allmembers of the Senate less one (23) constitutesconstitutional majority of the Senate for thepurpose of the quorum. [Avelino v. Cuenco,(1949)]

3. Rules of Proceedings

Each House shall determine its own proceduralrules.

Issues may either be:o Political- On matters affecting only internal

operation of the legislature, the legislaturesformulation and implementation of its rules.

o Justiciable - when the legislative rule affectsprivate rights.

4. Discipline of Members

Each house may punish its members fordisorderly behavior, and with the concurrence of2/3 of ALL its members:1. Suspension (shall not exceed 60 days)2. Expulsion

Other disciplinary measures:1. deletion of unparliamentary remarks from the

record2. fine3. imprisonment4. censure

Senate expelled Senator Alejandrino fordisorderly conduct for assaulting Senator de Veraduring one of their debates in session. Senateadopted a resolution depriving SenatorAlejandrino of all the prerogatives, privilegesand emoluments of his office for the period ofone year.The Court held that the resolution was illegalsince it amounted to expulsion and it woulddeprive the electoral district of representationwithout any means to fill the vacancy. TheSenate had no authority to suspend an appointedSenator like Senator Alejandrino. [Alejandrino v.Quezon, (1924)]

5. Journal and Congressional Records

a. The Enrolled Bill Theory An enrolled bill is the official copy of

approved legislation and bears thecertifications of the presiding officers of eachHouse.

where the certifications are valid and are notwithdrawn, the contents of the enrolled billare conclusive upon the courts.

RATIONALE OF ENROLLED BILLTHEORY- An enrolled Act in the custody ofthe Secretary of State, and having the officialattestations of the Speaker of the House ofRepresentatives, of the President of theSenate, and of the President of the UnitedStates, carries, on its face, a solemnassurance by the legislative and executive


14

CO

NS

TIT

UTIO

NAL

LAW

I

departments of the government, charged,respectively, with the duty of enacting andexecuting the laws, that it was passed byCongress. The respect due to coequal andindependent departments requires thejudicial department to act upon thatassurance, and to accept, as having passedCongress, all bills authenticated in themanner stated; leaving the courts todetermine, when the question properlyarises, whether the Act, so authenticated, isin conformity with the Constitution [Astorgavs Villegas, (1974) citing Field vs. Clark].

Respect due to a co-equal departmentrequires the courts to accept the certificationof the presiding officer of the legislativebody. [Casco vs Gimenez (1963)]

A duly authenticated bill or resolution importsabsolute verity and is binding on thecourts.[Mabanag v. Lopez Vito, (1947)]

b. Probative value of the Journal The Journal is conclusive upon the courts. But when the contents of the journal conflicts

with that of an enrolled bill, the enrolled billprevails over the contents of the journal.

Congress may validly continue enactingbills even beyond the reglementaryperiod of adjournment. When thejournal shows that Congress conducteda sine die session where the hands ofthe clock are stayed in order to affordCongress the opportunity to continue itssession. All bills enacted during thesine die session are valid andconclusive upon the Courts.

The Journals are conclusiveevidence of the contents thereof andCourts are bound to take judicialnotice of them. [US vs Pons (1916)]

c. Matters required to be entered in the Journal Yeas and Nays on third and final reading of

a bill Veto message of the President Yeas and Nays on the repassing of a bill

vetoed by the President Yeas and Nays on any question at the

request of 1/5 of members present.

d. Journal Entry Rule v. Enrolled Bill Theory

It may be noted that the enrolled bill theory isbased mainly on "the respect due to coequaland independent departments," whichrequires the judicial department "to accept,as having passed Congress, all billsauthenticated in the manner stated." Thus ithas also been stated in other cases that ifthe attestation is absent and the same is notrequired for the validity of a statute, thecourts may resort to the journals and other

records of Congress for proof of its dueenactment. [Astorga v. Villegas, (1974)]

e. Congressional Record

6. Sessions

a. Regular Sessions Convenes once every year on the 4th

Monday of July. Continues to be in session until 30 days

before the start of its next regular session,exclusive of Saturdays, Sundays, and legalholidays.

b. Special Sessions Called by the President at any time when

Congress is not in session

c. Adjournments Neither House can adjourn for more than 3

days during the time Congress is in sessionwithout the consent of the other House.

Neither can they adjourn to any other placethan that where the two houses are sitting,without the consent of the other.

d. Joint Sessions Voting separately

Choosing the President (Sec. 4, Art VII) Determining the Presidents temporary

disability (Id., Sec. 11, Par 4) Confirming the nomination of a Vice-

President (Id., Sec. 9) Declaring a state of war (Sec. 23(1), Art

VI) Amending the Constitution (Sec. 1(1),

Art XVII) Voting Jointly

To revoke or extend martial law orsuspension of privilege of habeascorpus (Sec. 18 Art VII)

F. Electoral Tribunals

1. Composition

3 Supreme Court Justices to be designated bythe Chief Justice (The senior Justice in theElectoral Tribunal shall be its Chairman).

6 Members of the Senate or House, as the casemay be, chosen on the basis of proportionalrepresentation from the political parties andparty-list organizations.

The ET shall be constituted within 30 days afterthe Senate and the House shall have beenorganized with the election of the President andthe Speaker.

Members chosen enjoy security of tenure andcannot be removed by mere change of partyaffiliation.

The five LDP members who are also membersof the Senate Electoral Tribunal may not inhibitthemselves since it is clear that the Constitutionintended legislative and judiciary membership tothe tribunal. As a matter of fact, the 2:1 ratio of


15

CO

NS

TIT

UTIO

NAL

LAW

I

legislative to judiciary indicates thatlegislative membership cannot be ignored.To exclude themselves is to abandon a dutythat no other court can perform. [Abbas vsSET (1988)]

2. Nature of Function

Jurisdiction: be the sole judge of all CONTESTSrelating to the election, returns, and qualificationsof their respective members. ET has jurisdictiononly when there is an election contest.

Election Contest - one where a defeatedcandidate challenges the qualification and claimsfor himself the seat of a proclaimed winner.

The Electoral Tribunal of each House is theSOLE judge of all contests relating to theelection, returns, and qualifications of themembers of Congress.

In the absence of election contest, theElectoral Tribunal has no jurisdiction.

The Electoral Tribunals are independentconstitutional bodies and cannot be regulated byCongress.

Supreme Court has jurisdiction over theElectoral Commission and the subject matter ofthe present controversy for the purpose ofdetermining the character, scope and extentof the constitutional grant to the ElectoralCommission as "the sole judge of all contestsrelating to the election, returns and qualificationsof the members of the National Assembly."[Angara vs Electoral Commission (1936)]

3. Independence of the Electoral Tribunals Since the ETs are independent constitutional

bodies, independent even of the respectiveHouse, neither Congress nor the Courts mayinterfere with procedural matters relating to thefunctions of the ETs. [Co vs HRET, (1991)]

The HRET was created to function as anonpartisan court although two-thirds of itsmembers are politicians. It is a non-political bodyin a sea of politicians.

To be able to exercise exclusive jurisdiction,the House Electoral Tribunal must beindependent. Its jurisdiction to hear and decidecongressional election contests is not to beshared by it with the Legislature nor with theCourts. "The Electoral Commission is a bodyseparate from and independent of the legislatureand though not a power in the tripartite schemeof government, it is to all intents and purposes,when acting within the limits of its authority, anindependent organ; while composed of amajority of members of the legislature it is abody separate from and independent of thelegislature. [Bondoc v. Pineda, (1991)]

Valid grounds / Just cause for termination ofmembership to the tribunal.o Expiration of Congressional term of office;o Death or permanent disability;o Resignation form political party which one

represents in the tribunal;o Removal from office for other valid reasons.

4. Powers

Lazatin v. HRET, (1988)The HRET will only gain jurisdiction upon

proclamation of the candidate. Until suchproclamation, he is not yet a member of theHouse; hence, the HRET will not have jurisdictionover him. Jurisdiction over such remains withthe COMELEC.

As constitutional creations invested withnecessary power, the Electoral Tribunals are, inthe exercise of their functions independentorgans independent of Congress and theSupreme Court. The power granted to HRET bythe Constitution is intended to be as completeand unimpaired as if it had remained originally inthe legislature [ Co vs HRET (1991) citing Angaravs. Electoral Commission [1936]).

5. Judicial Review of Decisions of ElectoralTribunals

With the SC only insofar as the decision orresolution was renderedo without or in excess of jurisdiction, oro with grave abuse of discretion tantamount to

denial of due process.

To question the jurisdiction of the lower court orthe agency exercising judicial or quasi-judicialfunctions, the remedy is a special civil actionfor certiorari under Rule 65 of the Rules ofCourt. The petitioner in such cases must clearlyshow that the public respondent acted withoutjurisdiction or with grave abuse of discretionamounting to lack or excess of jurisdiction. Graveabuse of discretion defies exact definition, butgenerally refers to "capricious or whimsicalexercise of judgment as is equivalent to lack ofjurisdiction. The abuse of discretion must bepatent and gross as to amount to an evasion ofpositive duty or a virtual refusal to perform a dutyenjoined by law, or to act at all in contemplationof law, as where the power is exercised in anarbitrary and despotic manner by reason ofpassion and hostility. [Garcia vs HRET (1999)]

G. Commission on Appointments(Sec, Art VII)

1. Composition:

a. Senate President as ex-officio chairman (shallnot vote except in case of a tie.)

b. 12 Senatorsc. 12 Members of the House

The 12 Senators and 12 Representatives are electedon the basis of proportional representation fromthe political parties and party-list organizations.


16

CO

NS

TIT

UTIO

NAL

LAW

I

The authority of the House of Representatives tochange its representation in the Commission onAppointments to reflect at any time the changesthat may transpire in the political alignments of itsmembership. It is understood that such changesin membership must be permanent and do notinclude the temporary alliances or factionaldivisions not involving severance of politicalloyalties or formal disaffiliation and permanentshifts of allegiance from one political party toanother. [Daza vs SIngson (1989)

The provision of Section 18 on proportionalrepresentation is mandatory in character anddoes not leave any discretion to the majorityparty in the Senate to disobey or disregard therule on proportional representation RATIONALE:The party with a majority representation in theSenate or the house of Representatives can bysheer force of numbers impose its will on thehapless minority.

By requiring a proportional representation inthe Commission on Appointments, Section 18 ineffect works as a check on the majority party inthe Senate and helps to maintain the balance ofpower. No party can claim more than what it isentitled to under such rule. [Guingona, Jr. vsGonzales, (1993)]

The Commission on Appointments shall beconstituted within 30 days after the Senate andthe House of Representative shall have beenorganized with the election of the President andthe Speaker.

The Commission on Appointments shall act on allappointments within 30 session days from theirsubmission to Congress.

The Commission on Appointments shall rule by amajority vote of all its members.

2. Meetings

Commission on Appointments shall meet onlywhile Congress is in session.

Meetings are held either at the call of theChairman or by a majority of all its members.

Since the Commission on Appointments is alsoan independent constitutional body, its rules ofprocedure are also outside the scope ofcongressional powers as well as that of thejudiciary.

3. Jurisdiction

a. Commission on Appointments shall confirm theappointments by the President with respect to thefollowing positions: Heads of the Executive Departments (except

if it is the Vice-President who is appointed tothe post);

Ambassadors, other public ministers orconsuls;

Officers of the AFP from the rank of Colonelor Naval Captain;

Other officers whose appointments arevested in him by the Constitution (e.g.

COMELEC members);

b. Congress cannot by law require that theappointment of a person to an office created bysuch law shall be subject to confirmation by theCommission on Appointments.

c. Appointments extended by the President to theabove-mentioned positions while Congress isnot in session shall only be effective untildisapproval by the Commission onAppointments or until the next adjournmentof Congress.

H. Powers of Congress

1. General(Sec Art VI)

a. Legislative Powers: (Scope: vested inCongress by the Constitution except to theextent reserved to the people by theprovision on initiative and referendum). powers of appropriation, taxation and

expropriation authority to make, frame and enact laws

b. Non-legislative Powers (Scope) power to canvass the presidential

elections; declare the existence of war; give concurrence to treaties and

amnesties; propose constitutional amendments; impeach; derivative and delegated power; implied powers such as the power to

punish contempt in legislativeinvestigations.

2. Specific Powers

a. Constituent powerb. Legislative Inquiriesc. Appropriationd. Taxatione. Concurrence in treaties and international

agreementsf. War powers and delegations powers

3. Inherent Powers

a. Police Power Make, ordain, and establish all manner

of wholesome and reasonable laws,statutes and ordinances as they shalljudge for the good and welfare of theconstituents.

Includes maintenance of peace andorder, protection of life, liberty andproperty and the promotion of generalwelfare

b. Power of Taxationc. Power of Eminent Domaind. Contempt power

4. Limitations:


17

CO

NS

TIT

UTIO

NAL

LAW

I

a. Formal or Procedural Limitations Prescribes the manner of passing bills in

the form they should take Limitations provided by Sec 26, Art VI

o Every bill passed by the Congressshall embrace only one subjectwhich shall be expressed in the title

o No bill passed by either house shallbecome law unless it has passed 3readings on separate days

o Printed copies in its final form havebeen distributed to its members 3days before the passage of the bill Exception: president certifies to

the necessity of its immediateenactment to meet a publiccalamity or emergency

b. Substantive Limitations Circumscribe both the exercise of the

power itself and the allowable subject oflegislation

Express limitations:o Sec 24-26, 28-30, Art VI

Express limitations on general powerso Bill of rights

Implied Limitationso No power to pass irrepealable lawo Non-encroachment on powers of

other departmentso Non-delegability of powers

5. Discussion of Specific Powers

a. Constituent Powers Power to propose amendments to the

Constitution

b. Legislative Inquiries (Sec 21, Art VI) Requisites:

o Must be in aid of legislationo In accordance with duly published rules

of procedureo Right of persons appearing in or

affected by such inquiries shall berespected

Additional limitation: Executive Privilege(Refer to Chap 4, III)

c. Appropriation General Limitations:

o Appropriations must be for a PUBLICPURPOSE.

o Cannot appropriate public funds orproperty, directly or indirectly, in favor of1. Any sect, church, denomination, or

sectarian institution or system ofreligion or

2. Any priest, preacher, minister, orother religious teacher or dignitaryas such.

EXCEPT if the priest, etc is assigned to:1. the Armed Forces;2. any penal institution;3. government orphanage;4. leprosarium

o Government is not prohibited from

appropriating money for a valid secularpurpose, even if it incidentally benefits areligion, e.g. appropriations for anational police force is valid even if thepolice also protects the safety ofclergymen.

o Also, the temporary use of publicproperty for religious purposes is valid,as long as the property is available forall religions.

Specific Limitationso For General Appropriations Bills

1. Congress may not increase theappropriations recommended bythe President for the operation ofthe Government as specified in thebudget.

2. Form, content and manner ofpreparation of the budget shall beprescribed by law.

3. No provision or enactment shall beembraced in the generalappropriations bill unless it relatesspecifically to some particularappropriation therein.

4. Procedure in approvingappropriations FOR THECONGRESS shall strictly follow theprocedure for approvingappropriations for otherdepartments and agencies.

5. No law shall be passed authorizingany transfer of appropriations.However, the following may, BYLAW, be authorized to AUGMENTany item in the generalappropriations law for theirrespective offices from savings inother items of their respectiveappropriations:i. Presidentii. Senate Presidentiii. Speaker of the Houseiv. Chief Justice of the Supreme

Courtv. Heads of the Constitutional

Commissions

Guidelines for disbursement ofDISCRETIONARY FUNDS appropriatedFOR PARTICULAR OFFICIALS:i. For public purposesii. To be supported by appropriate

vouchersiii. Subject to such guidelines as may be

prescribed by law

If Congress fails to pass the generalappropriations bill by the end of anyfiscal year:i. The general appropriations bill for the

previous year is deemed reenactedii. It shall remain in force and effect until

the general appropriations bill is passedby Congress.


18

CO

NS

TIT

UTIO

NAL

LAW

I

o For Special Appropriations Bill1. Shall specify the purpose for which

it is intended2. Shall be supported by funds

actually available as certified by theNational Treasurer or to be raisedby corresponding revenue proposaltherein

o Limitation on Use of Public Funds (Sec29, Art VI):1. No money shall be paid out of the

National Treasury EXCEPT inpursuance of an appropriationmade by law.

2. However, this rule does not prohibitcontinuing appropriations, e.g. fordebt servicing, for the reason thatthis rule does not require yearly orannual appropriation.

o Four phases of Governments budgetingprocess:1. Budget preparation2. Legislative authorization3. Budget execution4. Budget accountability

d. Taxation (Sec 28, Art VI) Nature

o Sec 28 is an enumeration of the limitson the inherent and otherwise unlimitedpower

Purposeso Pay debts and provide for the common

defense and general warfare;o Raise revenue;o Instrument of national and social policy;o Instrument for extermination of

undesirable acts and enterprises;o Tool for regulation;o Imposition of tariffs designed to

encourage and protect locally producedgoods against competition for imports.

Limitationso Public. Power to tax should be

exercised only for a public purpose.o Uniform and Equitable.

1. Operates with the same force andeffect in every place where thesubject of it is found

2. Does not prohibit classification forthe purpose of taxation

3. Requirements for validclassification:i. Based on substantial

distinctions which make realdifferences

ii. Germane to the purpose of lawiii. Applies to present and future

conditions substantiallyidentical to those of the present

iv. Applies equally to those whobelong to the same class

o Progressivity.1. The rate increases as the tax base

increases2. Tax burden is based on the

taxpayers capacity to pay3. Suited to the social conditions of

the people4. Reflects aim of the Convention that

legislature following social justicecommand should use taxation asan instrument for more equitabledistribution of wealth

o Constitutional Tax Exemptions:1. Religious, charitable, educational

institutions and their properties2. All revenues and assets of NON-

STOCK NON-PROFITEDUCATIONAL institutions areexempt from taxes and dutiesPROVIDED that such revenues andassets are actually, directly andexclusively used for educationalpurposes (sec. 4 (3) Art XIV).

3. Grants, endowments, donations orcontributions used actually,directly and exclusively foreducational purposes shall beexempt from tax, subject toconditions prescribed by law (sec. 4(4) Art XIV).

o Special Funds1. Money collected on a tax levied for

a special purpose shall be treatedas a special fund and paid out forsuch purpose only.

2. Once the special purpose is fulfilledor abandoned, any balance shall betransferred to the general funds ofthe Government

e. Concurrence in Treaties and internationalagreements (Sec 21, Art VII)

Treaties and other international agreementswhich are in the nature of originalagreements of a permanent nature or whichestablish national policy, or involve politicalissues or changes in national policies needthe concurrence of 2/3 of the members ofthe Senate.

Executive agreements which are merelyimplementation of treaties or statutes or ofwell-established policies or are of transitoryeffectivity do not require Senateconcurrence.

f. War Powers (Sec 23 (1), Art VI) Congress in joint session assembled and

voting separately shall have the sole powerto declare the existence of war

Philippines renounces war as an instrumentof national policy

Even though the legislature can declareexistence of war and enact measures tosupport it, the actual power to make war islodged nonetheless in the executive


19

CO

NS

TIT

UTIO

NAL

LAW

I

6. Delegation of Powers

a. General rule: Congress cannot delegate itslegislative power (Potestas delegate nonpotest delegare)

b. Exceptions1. Delegation of tariff powers to the

President (Art VI sec. 28(2)).2. Delegation of emergency powers to the

President (Art VI sec. 23(2)).o Preconditions:

i. Limited time periodCA 671 passed delegativeemergency powers to thepresident in times of war andother national emergencies.Since said grant was given tomeet the emergenciesincidental to the war, suchpowers ceased at the time thewar stopped

ii. Power may be withdrawn byresolution, not necessary that itbe done through statute

iii. Subject to restrictions as thecongress may provide

3. Delegation to the people at large.4. Delegation to local governments.5. Delegation to administrative bodies

(rule-making power).

Tests for a Valid Delegation

1. The Completeness TestThe law must be complete in all its terms andconditions when it leaves the legislature so thatthere will be nothing left for the delegate to dowhen it reaches him except enforce it.

2. The Sufficient Standard TestThe law must fix a standard, the limits of whichare sufficiently determinate or determinable, towhich the delegate must conform in theperformance of his functions. [Pelaez vs. AuditorGeneral, (1965)]

7. Legislative Process

A. Bills that Must Originate EXCLUSIVELY fromthe House of Representatives(Sec. 24, Art VI):

i. Appropriation bills (A bill appropriating a sum ofmoney from the public treasury.) A bill creating anew office, and appropriating funds therefor isNOT an appropriation bill.

ii. Revenue bills (A bill specifically designed to raisemoney or revenue through imposition or levy.)

iii. A law regulating an industry, though incidentallyimposing a tax, does not make the law a revenuebill.

iv. Tariff billsv. Bills authorizing the increase of public debtvi. Bills of local applicationvii. Private bills

RA 7716 (EVAT Law) did not violate Sec. 24, Art.VI (Origination Clause). It is important toemphasize that it is the law, and not the bill,which is required to originate exclusivelyfrom the HoR, because the bill may undergosuch extensive changes in the Senate that theresult may be the rewriting of the whole.

To insist that a revenue statute, and not just the bill,must be substantially the same as the House billwould be to deny the Senates power not only toconcur with amendments but also to proposeamendments. It would violate the co-equality oflegislative power of the Senate. [Tolentino vs.Secretary of Finance (1994)]

B. Procedure for the Passage of Bills

i. Procedure for Enactment:

Introduction: must be by any member of theHouse of Representatives or Senate except forsome measures that must originate only from theformer chamber

First reading: The reading of the title and thenumber; the bill is passed by the SenatePresident or Speaker to the proper committee

Second reading: Entire text is read and debatesare held, and amendments introduced.

The bill as approved in the second reading isprinted in its final form and copies are distributedthree days before the third reading

Third reading: Only the title is read, noamendments are allowed. Vote shall be takenimmediately thereafter and the yeas and naysentered in the journal.

Sent to the other chamber: once the bill passesthe third reading, it is sent to the other chamberwhere it will also go under three readings

Enrolled Bill: The bill is printed as finallyapproved by the Congress, authenticated withthe signatures of the Senate President or theSpeaker and the Secretary and approved by thePresident

ii. Submission to the President; Presidents Vetopower (Sec 27, Art VI) Every bill, in order to become a law, must be

presented to and signed by the President. If the President does not approve of the bill,

he shall veto the same and return it with hisobjections to the House from which itoriginated. The House shall enter theobjections in the journal and proceed toreconsider it.

The President must communicate hisdecision to veto within 30 days from the dateof receipt thereof. If he fails to do so, the billshall become a law as if he signed it.

To override the veto, at least 2/3 of ALL themembers of each House must agree to passthe bill. In such case, the veto is overriddenand becomes a law without need ofpresidential approval.


20

CO

NS

TIT

UTIO

NAL

LAW

I

Item vetoo The President may veto particular items in an

appropriation, revenue or tariff bill.o This veto will not affect items to which he does

not object.

Veto of a Ridero A rider is a provision which does not relate to a

particular appropriation stated in the bill.o Since it is an invalid provision under Section

25(2), the President may veto it as an item.

The executive's veto power does not carrywith it the power to strike out conditions orrestrictions. If the veto is unconstitutional, itfollows that the same produced no effectwhatsoever, and the restriction imposed by theappropriation bill, therefore, remains. [BolinaoElectronics Corp vs Valencia, (1964)]

DOCTRINE OF INAPPROPRIATEPROVISIONS- A provision that is constitutionallyinappropriate for an appropriation bill may besingled out for veto even if it is not anappropriation or revenue item. [Gonzales vsMacaraig, (1990)]

The Constitution provides that only a particularitem or items may be vetoed. The power todisapprove any item or items in an appropriatebill does not grant the authority to veto a part ofan item and to approve the remaining portion ofthe same item. [Bengzon vs. Drilon, (1992)]

The terms item and provision in budgetarylegislations and practice are concededly different. Anitem in a bill refers to the particulars, the details, thedistinct and severable parts . . . of the bill. It is anindivisible sum of money dedicated to a statedpurpose. An 'item' of an appropriation bill means anitem which in itself is a specific appropriation ofmoney, not some general provision of law, whichhappens to be put into an appropriation bill.'"

The president cannot veto unavoidable obligationssuch as the payment of pensions which has alreadybeen vested by the law. The veto is invalid since it isviolated the separation of property and the judiciarysfiscal autonomy.

C. Effectivity of Laws

Article 2 (CC)Laws shall take effect after fifteen days following thecompletion of their publication in the Official Gazette, unlessit is otherwise provided. This code shall take effect one yearafter such publication.

unless otherwise provided this phrase refers tothe date of effectivity, and not to the very act ofpublication. Complete publication isindispensable.

Executive Order No. 200 (June 18, 1987):Amended Art II of CC to include any newspaperof general circulation as a means of publicationother than the Official Gazette

8. Initiative and Referendum(Sec 32, Art VI)

a. Limited only to the proposal of amendmentsb. Requirements for peoples initiative:

12 % of the total number of registered voters at least 3% of all registered voters in every

district should be representedc. No amendments shall be authorized within 5

years following the ratification of the newConstitution.

The right of the people to directly proposeamendments to the Constitution through thesystem of initiative would remain entombed in thecold niche of the Constitution until Congressprovides for its implementation. Stated otherwise,while the Constitution has recognized or grantedthat right, the people cannot exercise it ifCongress, for whatever reason, does notprovide for its implementation.

Held: RA 6735 is incomplete, inadequate, or wantingin essential terms and conditions insofar as initiativeon amendments to the Constitution is concerned.

The court cited the following reasons:1. Sec 2 of the Act does not suggest an initiative on

amendments to the Constitution. The inclusion ofthe word "Constitution" therein was a delayedafterthought. That word is neither germane norrelevant to said section.

2. Unlike in the case of the other systems ofinitiative, the Act does not provide for thecontents of a petition for initiative on theConstitution.While the Act provides subtitles for NationalInitiative and Referendum and for Local Initiativeand Referendum, no subtitle is provided forinitiative on the Constitution. Also, while RA 6735exerted utmost diligence and care in providing forthe details in the implementation of initiative andreferendum on national and local legislation, itfailed, rather intentionally, to do so on the systemof initiative on amendments to the Constitution.[Santiago vs Comelec, (1997)]

The court cited the following reasons for holdingthat there was failure to comply with 2, Art.XVIIof the Constitution: (a) the initiative petition didnot present the full text of the proposedamendments; and (b) the proposed changesconstituted revision not amendment. Theessence of amendments directly proposed bythe people through initiative upon a petitionis that the entire proposal on its face is apetition by the people. This means twoessential elements must be present. First, thepeople must author and thus sign the entireproposal. No agent or representative can sign ontheir behalf. Second, as an initiative upon apetition, the proposal must be embodied in apetition. Further, a peoples initiative could onlypropose amendments not revisions. OnlyCongress or a constitutional convention canpropose both amendments and revisions to theConstitution. A change in the form of government


21

CO

NS

TIT

UTIO

NAL

LAW

I

from presidential and bicameral Congress toparliamentary and unicameral legislatureconstitutes revision and not merely amendment.[Lambino v Comelec, (2006)]

II. Judiciary(Asked 28 times in the Bar)

A. In General1. Judicial Power v. Judicial Review

(Asked 6 times in the Bar)

JUDICIAL POWER JUDICIAL REVIEWWherevested

Supreme CourtLower courts

Supreme CourtLower courts

Definition Duty to settle actualcontroversiesinvolving rightswhich are legallydemandable andenforceable, and todetermine whetheror not there hasbeen a grave abuseof discretionamounting to lack orexcess of jurisdictionon the part of anybranch orinstrumentality of theGovernment [Art.VIII, Sec. 1, Par. 2]

Power of the courtsto test the validityof executive andlegislative acts inlight of theirconformity with theConstitution[Angara v. ElectoralCommission(1936)]

Requisites forexercise

Jurisdiction powerto decide and hear acase and execute adecision thereof

1. Appropriatecase: actualcase orcontroversy

2. Standing:personal andsubstantialinterest

3. Question raisedat the earliestopportunity

4. Lis mota of thecase

When the judiciary mediates to allocateconstitutional boundaries, it does not assertany superiority over the other departments; itdoes not in reality nullify or invalidate an act ofthe legislature, but only asserts the solemn andsacred obligation assigned to it by theConstitution to determine conflicting claims ofauthority under the Constitution and toestablish for the parties in an actualcontroversy the rights which that instrumentsecures and guarantees to them. This is intruth all that is involved in what is termed "judicialsupremacy" which properly is the power ofjudicial review under the Constitution. [Angara v.Electoral Commission, (1936)]

Functions of Judicial Reviewa. Checkingb. Legitimatingc. Symbolic [NACHURA]

Essential Requisites for Judicial Reviewa. Actual case or controversy

This means that there must be a genuineconflict of legal rights and interests whichcan be resolved through judicialdetermination. [John Hay vs. Lim, (2003)]

This precludes the courts from entertaining thefollowing:i. Request for an advisory opinion [Guingona

vs. CA, (1998)]ii. Cases that are or have become moot and

academic, unless --- capable of repetition yet evading review

[Alunan III v. Mirasol, (1997); Sanlakasv. Executive Secretary, (2004)]; or

when the court feels called upon toexercise its symbolic function andprovide future guidance [Salonga v.Pao, (1985)]

b. Standing: NOT the same as real party in interestA proper party is one who has sustained or is inimminent danger of sustaining a direct injury asa result of the act complained of [NACHURA,citing IBP v. Zamora (2000)]. The alleged injurymust also be capable of being redressed by afavorable judgment [Tolentino v. Comelec,(2004)].i. requires partial consideration of the merits of

the case in view of its constitutional andpublic policy underpinnings [Kilosbayan vsMorato, (1995)]

ii. may be brushed aside by the court as amere procedural technicality in view oftranscendental importance of the issuesinvolved [Kilosbayan vs Guingona, (1994);Tatad vs DOE, (1995)]

iii. Who are proper parties? taxpayers, when public funds are

involved [Tolentino vs Comelec, (2004)] Government of the Philippines, when

questioning the validity of its own laws[People vs Vera, (1937)]

legislators, when the powers ofCongress are being impaired [Philconsavs Enriquez, (1994)]

citizens, when the enforcement of apublic right is involved [Taada vsTuvera, (1985)]

c. Constitutional question must be raised at theearliest possible opportunity, except:i. in criminal cases, at the discretion of the

courtii. in civil cases, if necessary for the

determination of the case itselfiii. when the jurisdiction of the court is involved

[NACHURA]

d. Decision on the constitutional question must bedeterminative of the case itself.

The reason for this is the doctrine of separationof powers which requires that due respect be


22

CO

NS

TIT

UTIO

NAL

LAW

I

given to the co-equal branches, and because ofthe grave consequences of a declaration ofunconstitutionality. [De la Llana v. Alba, (1982)]

Political Question Doctrine The term political question refers to: (1) matters

to be exercised by the people in their primarypolitical capacity; or (2) those specificallydelegated to some other department orparticular office of the government, withdiscretionary power to act. It is concerned withissues dependent upon the wisdom, not legality,of a particular measure. [Taada v. Cuenco,(1957)]

In recent years, the Court has set aside this doctrineand assumed jurisdiction whenever it foundconstitutionally-imposed limits on the exercise ofpowers conferred upon the Legislative and Executivebranches [BERNAS].

POLITICAL QUESTION JUSTICIABLECONTROVERSY

Alejandrino v. Quezon,(1924): The legislaturesexercise of disciplinarypower over its member isnot to be interfered with bythe Court.

Avelino v. Cuenco, (1949):election of Senate Presidentwas done without therequired quorum

Vera v. Avelino, (1946):inherent right of thelegislature to determine whoshall be admitted to itsmembership

Taada v. Cuenco, (1957):The selection of themembers of the SenateElectoral Tribunal is subjectto constitutional limitations.

Mabanag v. Lopez-Vito,(1947): Proposal to amendthe Constitution is a highlypolitical function performedby Congress in its sovereigncapacity.

Cunanan v. Tan, Jr., (1962):The Commission onAppointments is aconstitutional creation anddoes not derive its powerfrom Congress.

Osmea v. Pendatun,(1960): disciplinary power ofthe legislature

Gonzales v. Comelec,(1967); Tolentino v.Comelec, (1971):abandoned Mabanag v.Lopez-Vito

Severino v. Governor-General, (1910): Mandamusand injunction could not lieto enforce or restrain a dutywhich is discretionary(calling a special localelection).

Lansang v. Garcia, (1971):Suspension of the privilegeof the writ of habeas corpusis not a political question.

Montenegro v. Castaeda,(1952): Authority to decidewhether the exigency hasarisen requiring thesuspension of the privilegeof the writ of habeas corpusbelongs to the President.

Javellana v. ExecutiveSecretary, (1973): WON the1973 Constitution had beenratified in accordance withthe 1935 Constitution isjusticiable.

Manalang v. Quitoriano,(1954): Presidentsappointing power is not tobe interfered with by theCourt.Javellana v. ExecutiveSecretary, (1973): Thepeople may be deemed tohave cast their favorablevotes in the belief that indoing so they did the partrequired of them by Article

POLITICAL QUESTION JUSTICIABLECONTROVERSY

XV, hence, it may be saidthat in its political aspect,which is what counts most,after all, said Article hasbeen substantially compliedwith, and, in effect, the 1973Constitution has beenconstitutionally ratified.

Effect of a Declaration of Unconstitutionalitya. Orthodox view

A

UP 2012 Political Law (Constitutional 1)

Documents

Transcript of UP 2012 Political Law (Constitutional 1)