OUTLINE OF CONSTITUTIONAL LAW 1

I. THE PHILIPPINE CONSTITUTION

A. Constitution: definition, nature and concepts

Political Law - Macariola vs Asuncion 114 SCRA 77

Scope of Political Law

a.
b.
c.
d.
e.

Constitutional Law
Administrative Law
Law on Public Corporations
Law of Public Officers
Election Laws

Types of Constitutional Law

In general, there are three (3) different types of constitutional law:
1. The English type
2. The European continental type
3. The American type.

Theoretical Basis of the Constitution- Social Contract Theory

Purpose or Functions of the Constitution

a.
b.

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 fixed principles on which government is
founded.

c.

Types of Constitutions
Constitutions are classified as follows:
(1) written and unwritten, and
(2) rigid and flexible
(3) conventional or unconventional

The Philippine Constitution is both written and rigid (See Art. XVII
on the Amendment process).

Interpretation of the Constitution

1. Verba Legis
2. ratio legis et anima.
3. Ut Magis Valeat Quam Pereat,
4.
B. Parts
a. Constitution of Liberty
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b. Constitution of Government

c. Constitution of Sovereignty
d. Constitution of Social Justice
C. Amendments and revisions
Amendment - isolated or piecemeal change in the constitution;
Revision - overhaul or rewriting of the entire constitution

Steps in the amendment / revision process

1. Proposal
a.
b.

By Congress upon a vote of of all its members

By Constitutional Convention
i.

By 2/3 votes of all its members constituting itself as a

constituent assembly
By a majority vote of all members of congress submitting
to the electorate the question of whether or not to call a
constitutional convention

ii.

c.

By the people thru initiative (See R.A. 6735 August 4, 1989)

Requisites:
i.
ii.

People themselves must directly propose the amendments

Petition of at least 12% of the total number of registered
voters
12% must be represented by at least 3% of the registered
voter of every legislative district.

iii.

Limitiations on the exercise of amendments through intiative

a. It cannot be exercised more than once every 5 years from
the time the provision or the intiative takes effect.
b. It must not be inconsisitent with the principles of jus
cogens;

2. Submission

Doctrine of Proper Submission

3. Ratification

Article XVII, Section 4, Paragraphs 1 & 2 MAJORITY of

the votes cast in a plebiscite.

The position of the Constitutional Convention in our system of

government
There are three (3) theories on the position of Constitutional
Convention vis--vis regular department of government.
a. Theory of Conventional Sovereignty

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b. Convention is inferior to other departments

c. Independent and co-equal to the other departments

JUDICIAL REVIEW OF AMENDMENTS Amendments to the

constitution are subject to judicial review because invariably, the
issue will boil down to whether or not the constitutional provision
on amendments and/or revisions had been followed.

D. Self-executing and non-self-executing provisions

As a general rule, the provisions of the Constitution are considered selfexecuting, and do not require future legislation for their
enforcement.

However, some provisions have already been categorically declared

by the Court as non self-executing. ie. Article 2

E. General provisions

PREAMBLE Does not confer rights nor create or impose duties;

Preamble is a source of light. It is not a source of rights or obligations.
It indicates authorship; enumerate primary aims and aspirations of the
framers and serves as an aid in the construction of the constitution

Functions of Preamble
1. It sets down the origin, scope and purpose of the constitution.
2. It enumerates the primary aims and expresses the aspirations
of the framers in drafting the Constitution.
3. Useful as an aid in the construction and interpretation of the
text of the Constitution.

Flag
The flag of the Philippines shall be red, white, and blue, with a sun and
three stars, as consecrated and honored by the people and recognized by
law. (Article XVI, Section 1)

Name
The Congress may, by law, adopt a new name for the country, a national
anthem, or a national seal, which shall all be truly reflective and
symbolic of the ideals, history, and traditions of the people. Such law
shall take effect only upon its ratification by the people in a national
referendum. (Article XVI, Section 2)

Armed Forces of the Philippines

The Armed Forces of the Philippines shall be composed of a citizen armed
force which shall undergo military training and serve as may be provided
by law. It shall keep a regular force necessary for the security of the
State. (Article XVI, Section 4)
1. All members of the armed forces shall take an oath or affirmation to

uphold and defend this Constitution.

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2. The

3.

4.
5.

6.
7.

8.

State shall strengthen the patriotic spirit and nationalist

consciousness of the military, and respect for people's rights in the
performance of their duty.
Professionalism in the armed forces and adequate remuneration and
benefits of its members shall be a prime concern of the State. The
armed forces shall be insulated from partisan politics.
No member of the military shall engage, directly or indirectly, in any
partisan political activity, except to vote.
No member of the armed forces in the active service shall, at any time,
be appointed or designated in any capacity to a civilian position in the
Government, including government-owned or controlled corporations
or any of their subsidiaries.
Laws on retirement of military officers shall not allow extension of their
service.
The officers and men of the regular force of the armed forces shall be
recruited proportionately from all provinces and cities as far as
practicable.
The tour of duty of the Chief of Staff of the armed forces shall not
exceed three years. However, in times of war or other national
emergency declared by the Congress, the President may extend such
tour of duty.
(Article XVI, Section 5)

National Police Force

The State shall establish and maintain one police force, which shall be
national in scope and civilian in character, to be administered and
controlled by a national police commission. The authority of local executives
over the police units in their jurisdiction shall be provided by law. (Article
XVI, Section 6)
Mass Media
The ownership and management of mass media shall be limited to
citizens of the Philippines, or to corporations, cooperatives or
associations, wholly-owned and managed by such citizens.
The Congress shall regulate or prohibit monopolies in commercial mass
media when the public interest so requires. No combinations in
restraint of trade or unfair competition therein shall be allowed.
The advertising industry is impressed with public interest, and shall be
regulated by law for the protection of consumers and the promotion of
the general welfare.
Only Filipino citizens or corporations or associations at least seventy per
cent of the capital of which is owned by such citizens shall be allowed
to engage in the advertising industry.
The participation of foreign investors in the governing body of entities in
such industry shall be limited to their proportionate share in the
capital thereof, and all the executive and managing officers of such
entities must be citizens of the Philippines.

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Note : Grandfather Provisions

II. General Considerations
A. National territory
The national territory comprises the Philippine archipelago, with all the
islands and waters embraced therein, and all other territories over which
the Philippines has sovereignty or jurisdiction, consisting of its
terrestrial, fluvial, and aerial domains, including its territorial sea, the
seabed, the subsoil, the insular shelves, and other submarine areas. 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 (Article I, 1987 Constitution).

Territories Covered under the Definition of Article I 1987

Constitution
1. Those included in the Treaty Limits

Treaty of Paris (1898)

Treaty between Spain and U.S. concluded at Washington,
D.C. on Nov. 7, 1900 which was not defined in the Treaty
of Paris, specifically the islands of Cagayan, Sulu and
Sibuto.
U.S. and Great Britain on January 2, 1930 specifically
the Turtle and Mangsee islands.

2. The island of Batanes, which was covered under a general

statement in the 1935 Constitution.
3. Those contemplated in the phrase belonging to the Philippines
by historic right or legal title in the 1973 Constitution.
4. All other territories which the Philippines has sovereignty and
jurisdiction.
This includes any territory which presently
belongs or might in the future belong to the Philippines through
any of the internationally modes of acquiring territory.

U.N Convention on the Law of the Sea, April 30, 1982

Provides for
a) Contiguous zone of 12 Miles [12 Mile Rule] and
b) Two Hundred-Mile Exclusive Economic Zone

Concept of archipelagic waters, territorial sea and internal waters.

i. Archipelagic waters refer to areas enclosed as internal waters by
using the baseline method which had not been previously considered
as internal waters. (See Article 53 of UNCLOS)
ii. Territorial sea is an adjacent belt of sea with a breadth of 12 nautical
miles measured from the baselines of a state and over which the state
has sovereignty. (Articles 2, 3 of UNCLOS)

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iii. Internal waters refer to all waters, landwards from the baseline of
the territory.

The Archipelagic Doctrine

It is the principle whereby the body of waters surrounding the
islands forms part of the internal waters of the archipelago. It requires
that baselines be drawn by connecting the appropriate points of the
outermost islands to encircle the islands within the archipelago. All the
waters enclosed by the straight baselines are considered as internal
water.
a. Elements of Archipelagic Doctrine
1. Definition of internal waters
2. The straight line method of delineating the territorial sea.
b. Straight Baseline Method drawn connecting selected points
on the coast without departing to any appreciable extent from
the general direction of the coast. RA 3046 and RA 5446 have
drawn straight baselines around the Philippines.

B. State immunity

Doctrine of State Immunity from Suit

The doctrine of state immunity is sometimes derisively called the
"royal prerogative of dishonesty" because of the privilege it
grants the state to defeat any legitimate claim against it by simply
invoking its non-suability.

General Rule: The State may not be sued without its consent (Art.
XVI, Sec. 3).
IMMUNITY IS ENJOYED BY OTHER STATES, CONSONANT WITH THE
PUBLIC INTERNATIONAL LAW PRINCIPLE OF PAR IN PAREM NON
HABET IMPERIUM.

When a suit considered as against the State ?

The test to determine whether a suit is against the state is
whether or not the enforcement of the decision, rendered
against the officer or agency impleaded requires an
affirmative act from the state, such as an appropriation of
an amount to satisfy judgment.

When can the state be sued?

When the state gives its consent express or implied

Express consent
In Republic v. Purisima, 78 SCRA 470 the express consent
must come from the state acting through a duly enacted

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statute. A mere counsel of the government cannot validly

waive the immunity from suit.

Money claims arising from contracts

a.

Act No. 3083 which declares that the Government of the

Philippines Islands consents and submits to be sued upon any
money claims involving liability arising from contracts express
or implied.

b.

This must be correlated with Commonwealth Act No. 327 as

amended by PD 1445 which provides that a claim against the
government must first be filed with the Commission on Audit
which must act upon it within 60 days. Rejection or inaction on
the claim will authorize the claimant to effect the suit against
the state with its consent.

Please take note of THE 2009 REVISED RULES OF

PROCEDURE OF THE COMMISSION ON AUDIT pursuant to
Article IX-A of the 1987 Constitution

Special Laws
a. Quasi delicts committed by special agents under Art. 2180 of
the Civil Code;
b. Local Government Units can be sued (RA 7160)

Incorporation of government owned or controlled corporations

Implied Consent
1. When the government enters into business contracts
restrictive application of state immunity
2.

3.

When it would be inequitable for the government to claim

immunity

If the government files a complaint, defendant may file a

counterclaim against it
Suability vs. Liability

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

the execution of judgment against it.
Indirect suits against the Government are prohibited. Actions
brought indirectly against the State are prohibited. The rule may not
be circumvented by bringing a normal suit against an officer of the
government where the nature of the action is in reality against the
State.

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C. General principles and state policies

1.

PRINCIPLES
a. Sovereignty of the People and Republicanism
Art II, sec. 1
Art V Suffrage
Manifestations of Republicanism:
1.
2.
3.
4.
5.
6.

Ours is a government of laws and not of men

Rule of Majority [Plurality in elections]
Accountability of Public Officials
Bill of Rights
Legislature cannot pass irepeallable laws
Separation of Powers

Democratic -Tolentino vs. COMELEC, 420 SCRA 438

Republican
Principles of Renovation/Revocation
b. Adherence to international Law

Renunciation of War
Preamble
Art. II, sec. 2 (Incorporation Clause)
Id., sec. 7-8 (Independent foreign policy and Nuclear Free
Philippines)
Art XVIII, sec. 4 and 25

Doctrine of Incorporation
Doctrine of Auto-limitation
c. Supremacy of Civilian Authority
Art.
Art.
Art.
Art.

II, sec. 3 (Civilian Supremacy)

VII, sec. 18 (Commander-in-chief Clause)
XVII, sec. 5(4)
XVI, sec. 5(1) (AFP provisions)

Manalo vs. Sistoza G.R. No. 107369 August 11, 1999

d. Government as Protector of the People and People as Defenders

of the State
Art. II, sec. 4
Id. Sec. 5
Compulsory Military or Civil Service; Protection of People and
State.

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

people. The government may call upon the people to defend that

State, in the fulfillment thereof, all citizens may be required, under

the conditions provided by law, to render personal military or civil
service.

Section 4, Article II does not contemplate money or property or

their equivalent but personal service.

Substitutionary service is not allowed because of the equal

protection clause.

A citizen cannot invoke exemption from rendering military and civil

service on the ground of religion as this provision is based on the
inherent right of every state to existence and self-preservation.

e. Separation of Church in State

Art II sec. 6
Art. III, sec. 5 (Freedom of Religion Clause)
Two (2) aspects:
i. Freedom to Believe (Absolute)
ii. Freedom to Externalize that belief (subject
to the police power of the state)
Art. IX, C, sec. 2(5) [Religious sect cannot be registered as
a political party)
Art. VI, sec. 5(2) [No sectoral representative from religious
sector]
Art. VI Sec. 29 (2) [Prohibition against appropriation for
sectarian benefit]
Exceptions:
a. Art VI, sec. 28(3) Churches, parsonages etc.
actually, directly and exclusively used for
religious purposes shall be exempt from taxation
b. Art.
VI
Sec.
29(2)
Prohibition
against
appropriation for sectarian benefit except
salaries of priest assigned to AFOP, penal
institution,
government
orphanages,
and
leprosarium.
c. Art XIV, sec. 3(3) Optional religious instructions
for public elementary and high school students
d. Art.
XIV
Sec.
4(2)
Filipino
ownership
requirements for educational institutions except
those established by religious groups and
mission boards.

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2. POLICIES
a. Independent foreign policy and a nuclear free Philippines
Art. II secs. 7-8
Art. XVIII, secs. 4 and 25
b. A just and dynamic Social order
Preamble
Art. II, sec. 9
c. The Promotion of social justice .
Art. II sec. 10
Art. XIII, secs.1-2
Art.II, sec.26
Art. VII, sec. 13, par.2

The classic definition of Social Justice is found in Calalang

vs. Williams

d. Respect for human dignity and human rights

Art.II, sec. 11
Art. XIII, secs 17-19
e. Fundamental equality of women and men
Art. II sec. 14
Art. XIII, sec. 14
f. Promotion of Health & Ecology
Art. II, secs. 15-16
Art. XIV, sec. 2

Oposa vs. Factoran, 224 SCRA 79.

Concept of Writ of Kalikasan
League of Provinces of the Philippines vs. Department of
Environment and Natural Resources, et al. G.R. No. 175368,
April 11, 2013

g. Priority of education, science, technology, arts, culture and sports

(ESTACS)

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Students have the constitutional right not only to education but to

a quality education, up to the secondary level, for free. But this is
subject to the right of the school to impose reasonable academic
standards, and to make education available only on the basis of
merit.

h. Urban land reform and Housing

Art. XIII, secs. 9-10
i. Reforms in agriculture and other natural resources
Art. II, sec. 21
Art. XIII, secs. 4-8
j. Protection of Labor
Art. II sec. 18
Art. XIII,sec. 3
k. The right of government workers to form unions
Art. III, sec.8
Art. IX, B, sec. 2(5)
l. Independent Peoples organization
Art. II, sec. 23
Art. XIII, secs.15-16
m. The Family as a Basic Autonomous Social Institution
Art. II, sec. 12
Art. XV (The Family)
Art. II, sec. 13
Family Code on marriage as a social institution
n. A self-reliant and independent economic order
Art.II,sec. 19
Id. Sec. 20
Art. XII, Sec. 6 (National Economy and Patrimony)

Concept of distributive justice

o. Communication and Information in National-building

Art. II,sec. 24
Art. XVI,sec. 10-11
Art. XVIII, sec. 23
p. Autonomy of local government
Art. II, sec. 25
Art. X(Local Governments)
q. Recognition of the rights of indigenous cultural communities
Art. II, sec. 22
Art. VI, sec. 5(2)
Art. XII, sec,. 5
Art. XIII, sec. 6
Art. XIV, sec. 17
Art. XVI, sec. 12
r. Honest Public Service and Full Public Disclosure
Art. II, sec. 27
Art. XI, secs.1, 4, 5-6
Art. II,sec. 28
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Art.XI,sec. 17
Art. VII, sec. 12
Art. VII, sec. 20
Art. XII, sec. 21
Art. XII, sec. 2, par.5
Art. VI,secs.12 and 20
Art. IX, D,sec. 4
Art. III, sec. 7

Public Office is a Public Trust - Corenejo vs. Gabriel 41 Phil

188

D. Separation of powers
Rationale/Effects
E. Checks and balances
F. Delegation of powers

By direct constitutional grant

i. Tariff powers to the President
ii. Emergency Powers of the President
iii. Rule Making Power to the Supreme Court
iv. delegated Powers to Local Governments.
v. Rule Making Powers of Constitutional Commissions
vi. By legislative grant: Delegation of powers to administrative
bodies

Subordinate legislation.

Test to determine validity:

1. Completeness test
2. Sufficiency Standard Test

G.R. No. 191424 August 7, 2013 ALFEO D. VIVAS vs. THE

MONETARY BOARD OF THE BANGKO SENTRAL NG
PILIPINAS AND THE PHILIPPINE DEPOSIT INSURANCE
CORPORATION
Eastern Shipping Lines, Inc. v. Philippine Overseas
Employment Administration, 248 Phil 762, 771 (1998)
In Edu v. Ericta, the Court discussed the matter of undue
delegation of legislative power.
THE
2013
PDAF
ARTICLE
AND
ALL
OTHER
CONGRESSIONAL
PORK
BARREL
PROVISIONS
ARE
DECLARED UNCONSTITUTIONAL On the issue of nondelegability of legislative power,

F. Forms of government

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Government. US v Dorr, 2 Phil 332, 339

Effect of Revolutionary Government Republic vs. Sandiganbayan, GR
No. 104768, July 21, 2003)

Functions Constituent (Governmental or mandatory) vs. Ministrant

(Proprietary or optional)

o Doctrine of Parens Patriae

o De Jure and De Facto Governments
1. The three kinds of de facto government are as follows:
2. The characteristics of this kind of de facto government are:

"Government of the Philippines," defined

Administrative Code of 1987, Sec. 2(1).

III. Legislative Department

A. Legislative Power
Who may exercise legislative power
1.

Congress

2.

Article VI Section 1 - The legislative power shall be vested in

the Congress of the Philippines which shall consist of a
Senate and a House of Representatives, except to the extent
reserved to the people by the provision on initiative and
referendum
Regional/Local Legislature

Article X., Section V - Each local government unit shall have

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

3. Peoples initiative on statutes (initiative and referendum)

Article VI Section 1 - The legislative power shall be vested in
the Congress of the Philippines which shall consist of a
Senate and a House of Representatives, except to the extent
reserved to the people by the provision on initiative and
referendum
Republic Act No. 6735 August 4, 1989 AN ACT PROVIDING
FOR A SYSTEM OF INITIATIVE AND REFERENDUM AND
APPROPRIATING FUNDS THEREFOR

Lambino vs. COMELEC- G.R. No. 174153 October 25, 2006

and consolidated cases
Logrolling

4. The President under martial law

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B. HOUSES OF CONGRESS
TABLE OF QUALIFICATIONS FOR ELECTIVE OFFICIALS IN THE PHILIPPINES
PRESIDENT
VICEPRESIDENT

SENATE

HOR

PARTY LIST
REPS

NaturalNatural-Born
Natural-Born
Born
Citizen
Citizen
Citizen
Registered Registered Voter Registered Voter
Voter
Able to
Able to read and Able to read and
read and
write
write
write
2-yr
1-yr residence
1-yr residence
residence
Sectors bona
fide member for
NINETY DAYS
(90 days)

NaturalBorn Citizen
Registered
Voter
Able to read
and write
10-yr
residence
-

35 yrs old
on
election
day

40 yrs old
on election
day

25 yrs old on
election day

LOCAL ELECTIVE
OFFICIALS
Citizen
Registered Voter
Able to read and write

1-residence
-

1. Highly Urbanized
Cities 23 yrs old
2. Independent
1. 25 yrs old on
component Cities etc
election day
21 yrs old
2. Youth
3. Sangguniang
Sector: 25-30
Panglungsod/Pangbayan
yrs old only
18 yrs old
4. Sangguniang
Kabataan 15 yrs to 21
yrs old

1. Senate

Composition - 24 Senators elected at large by qualified voters

Term of Office
Six (6) years. To commence unless otherwise provided by law,
at noon on June 30 next following the election. (Art. VI, Sec. 4)
No Senator shall serve for more than 2 consecutive terms,
and for this purpose, no voluntary renunciation of the office
for any length of time shall be considered for the purpose of
interrupting the continuity of his service for the full term for
which he was elected. (Art. VI, Sec. 4)

3. House of Representatives

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Composition - Not more than 250 Members (*unless otherwise fixed

by law) elected from:

i. Legislative districts (80% of the seats shall be allotted to district

representatives.)
The districts are to be determined according to the following rules:
a) The districts are to be apportioned among the provinces,
cities, and Metro Manila. [Sec. 5(1)]
b) The apportionment must be based on the number of
inhabitants, using a uniform and progressive ratio.
Within 3 years following the return of every census,
Congress shall make a reapportionment of legislative
districts, based on the standards herein provided (to
make it representative and more responsive to the people).
[Sec. 5 (4)]
c) Each legislative district must comprise as far as practicable,
contiguous, compact, and adjacent territory (to avoid
gerrymandering, or putting together of areas where a
candidate is strong, even if these are not contiguous). [Sec.
5 (3)]
d) Each city with a population of at least 250,000 must have
at least one representative. [Sec. 5(3)]
e) Each province, regardless of population must have at least
one representative. [Sec. 5(3)]

Term of Office
3 years - to commence (unless otherwise provided by law) at
noon of June 30 next following the election. (Art. VI, Sec. 7)
i. Party-list system

The party-list representatives shall constitute 20% of the

lower house. Party-List System (RA 7941).
VETERANS FEDERATION PARTY vs. COMMISSION ON
ELECTIONS, GR No. 1136781, October 6, 2000
BANAT vs. COMELEC (G.R. No. 179271, April 2009
ATONG PAGLAUM, INC. et al. vs. COMELEC G.R. No. 203766,
April 2, 2013

C. Legislative privileges, inhibitions and disqualifications

1. PRIVILEGE FROM ARREST
Elements of the privilege:

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G.R. No. 179817 June 27, 2008 ANTONIO F. TRILLANES IV vs.

HON. OSCAR PIMENTEL, SR., et al., the Court categorically
held that the doctrine of condonation does not apply to criminal
cases.

2. PRIVILEGE OF SPEECH AND DEBATE

Art VI, Sec. 11

Jimenez vs. Cabangbang, 17 SCRA 876
Osmena v Pendatun (109 Phil 863)

Disqualifications
(a) Incompatible vs. Forbidden Office
(b) Conflict of Interests
(c) Prohibitions on lawyer-legislators

Duty to Disclose

Financial and business interest upon assumption of office

Potential conflict of interest that may arise from filing a proposed
legislation of which they are authors.
RA 3019, Anti-Graft and Corrupt Practices Act.

QUORUM AND VOTING MAJORITIES

ACT
Initiate impeachment
proceeding
Impeach an impeachable
officer
Proposal to amend or revise
the constitution
Constitutional Convention
Concur in treaties
Override the veto of the
president in the passage of
the bill
Declare the existence of war
Concur in executives power
to grant amnesty
Submit to the electorate the
question of calling a
constitutional convention
Declare that president is
unable to discharge the
powers and duties of his
office
Revoke or extend the
presidents suspension of
the privilege of the writ of
Habeas Corpus or
proclamation of martial law
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PARTIES

VOTING
REQUIREMENT

House of Representatives

1/3

Senate

2/3

Both houses (Constituent

Assembly)
Both Houses

3/4
3/4

Senate

2/3

Both houses, voting separately

2/3

Both houses, voting separately

Joint session assembled

2/3

Both houses

Majority

Both houses

Majority

Both houses, voting separately

2/3

Both houses
Majority

Call a constitutional
convention
To put the yeas and nays in
the journal

Both houses

2/3

[Each House]

1/5

Senate

2/3

HoR

2/3

[Each house]

2/3

To elect the senate president

To elect the speaker of the
HRep
To suspend for at most sixty
(60) days or expel a member
of such house

Article VI Sec. 16(2) A majority of each House shall constitute a

Concept of "shifting majority".
o Avelino v Cuenco

Rules of Proceedings
o Secs. 16(3)
o Sec. 21.

Journal and Congressional Records

(a) The Enrolled Bill Theory
Mabanag v Lopez Vito, 78 Phil. 1
Morales v Subido.
Astorga v Villegas
(b) Probative Value of the Journal
US V Pons, 34 Phil. 729 (1916)
(c) Matters Required to be Entered in the Journal
(d) Journal Entry Rule vs Enrolled Bill Theory
(e) Congressional Record
o Art. VI, Sec. 16 (4) x x x

Sessions
(a) Regular sessions

Art. VI, Sec. 15.

Sec. 16(5)

(b) Special sessions

a. Art. VI, Sec. 15
b. Art. VII, Sec. 10
c. Art. VII, Sec. 11
d. Art. VII, Sec. 18
(c) Joint session

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When both houses meet jointly, they generally vote separately.

Voting Separately
Voting Jointly

C. Discipline of members
D. Electoral tribunals and the Commission on Appointments
a. Electoral tribunals

Composition
Independence.
Angara vs Electoral Commission, 63 Phil 134

Power.
Lazatin vs. HET)
Judicial Review of decisions of Electoral Tribunals - Co v. Electoral
Tribunal of the House of Representatives (199 SCRA 692, July, 1991
b. Commission on Appointments

Function (Art. VII, Sec. 16)

Sessions and Procedure (Secs. 18 & 19)
Regular appointment
Recess appointment

G. Powers of Congress
1. Legislative

General plenary powers

Art. VI, Sec. 1.
oversight functions
The power of inquiry
NATURE OF AN INQUIRY IN AID OF LEGISLATION
ROMERO ET AL vs. ESTRADA, G.R. No. 174105, April 2, 2009
Executive privilege
G.R. No. 169777 April 20, 2006
SENATE OF THE
PHILIPPINES et al vs. ERMITA et al. and consolidated cases Almonte v. Vasquez. 314 Phil. 150 (1995).
Chavez v. PCGG, 360 Phil. 133 1998
Chavez v. Public Estates Authority, 433 Phil. 506, 534 2002
In aid of legislation

Oversight functions

Who may appear

Any person

Department Heads
Who may be summoned

Anyone except the

President and SC members

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No one. Each house

may only request the
appearance of

department heads.
Subject Matter
Any matters for purposes
of pending legislation

Matters related to the

department only

Obligatory force of appearance

Mandatory

Discretionary

1. Congressional Oversight Functions

Congressional Oversight
Makalintal vs. COMELEC, G.R. No. 157013, 2003.

Categories of Congressional Oversight

LEGISLATIVE VETO
ABAKADA Guro Partylist vs. Hon. Cesar Purisima, G.R. No.
166715 August 14, 2008
2. Bicameral conference committee
3.

Legislative Process
1. Requirements as to bills
(a) As to titles of bills
(b) Requirements as to certain laws
a. Norms of Taxation
Art. VI. Sec. 28(1)]
b. Delegation of Tax Powers
c. Burden of Taxation

d. Proceeds of Taxes
Sec. 29(3))
Art. X, Sec. 6
e. Taxation of religious and charitable institutions
Art. VI, Sec. 28(3)]
Abra vs Hernando, 107 SCRA 104 (1981)
YMCA v Collector, 33 Phil 217 (1916)
f. Taxation of Educational Institutions

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Art. VI, Sec. 28(3)

Art. XIV, Sec. 4(3)].
Art. XIV, Sec. 4(4)].

2. Limitations on the Legislative Power

(a) Substantive limitations
Express substantive limitations:
a) The Bill of Rights
b) Appropriation Laws
c) Tax laws
d) Jurisdiction of the Supreme Court
Art. VI, Sec. 30.
e) Title of royalty
Art. VI, Sec. 31.

Implied substantive limitations

Non-delegation of legislative powers

Non-legislative powers

o
o

Power of Impeachment
Be judge of the President's physical fitness
Power with regard to the utilization of natural resources
Art. XII, Sec. 2
Art. XII, Sec. 2, pars. 4 & 5

PRESIDENTIAL VETO AND CONGRESSIONAL OVERRIDE

2. NON LEGISLATIVE FUNCTIONS

A) INFORMING FUNCTION
SECTION 21
(INQUIRY IN AID OF LEGISLATION)

SECTION 22
(QUESTION HOUR)

Relates to what:
Relates to the power to conduct inquiries Pertains to the power to conduct a
question hour
in aid of legislation
Purpose:
The objective of which is to obtain
The aim of which is to elicit information
information in pursuit of Congress
that may be used for legislation
oversight function
Nature of attendance:
Attendance is meant to be
Attendance is compulsory
discretionary
Persons required to attend:
Any person
Only Department Heads
Who conducts:
Committees
Entire body
Subject-matter:
Only matters related to the
Any matter for the purpose of legislation
Department
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Basis:
Grounded on the necessity of
Congress merely seeks to be
information in the legislative process (the informed on how department
power of inquiry being co-extensive with heads
are
implementing
the
the power to legislate)
Statutes which it has issued
Senate of the Philippines, et al., vs. Eduardo Ermita, GR No. 169777, April 20,
2006).
Power to Conduct a Question Hour
B.

POWER OF IMPEACHMENT

C.

OTHER NON LEGISLATIVE POWERS

a)
b)
c)
d)
e)
f)
g)
h)

Canvass Presidential Elections

Declare the existence of a state of war
Delegation of Emergency Powers
Give concurrence to treaties and amnesties
Propose Constitutional Amendments
Confirm Certain Appointments
Decide the disability of the President
Revoke or extend proclamation or suspension of the privilege of the
writ of habeas corpus or declaration of martial law
i) Power with regard to utilization of natural resources
IV. Executive Department
A. Privileges, inhibitions and disqualifications
1. Presidential immunity
The doctrine of executive immunity in this jurisdiction emerged
as a case law. In the 1910 case of Forbes, etc. vs. Chuoco Tiaco
and Crosfield,

Justification for the privilege.

Cited in G.R. No. 146710-15 March 2, 2001 JOSEPH E. ESTRADA,
vs. ANIANO DESIERTO et al.
Extent of Immunity
o Saturnino Bermudez 145 SCRA 160 (1986).

THEORY OF DERIVATIVE PREJUDICE OF PETITIONER

2. Presidential privilege
Article VII, Section 6
B. Powers of the President
1. Executive and administrative powers in general
National Electrification Administration vs. COA, GR No. 143481
February 15, 2002
2. Power of appointment
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a) In general

Pimentel, Jr. v. Ermita

Sarmiento III v. Mison, No. L-79974, December 17, 1987, 156
SCRA 549
Marohombsar v. Court of Appeals, G.R. No. 126481, February 18,
2000, 326 SCRA 62
Marohombsar v. Alonto, Jr., G.R. No. 93711, February 25, 1991,
194 SCRA 390.
Calderon v. Carale, G.R. No. 91636, April 23, 1992, 208 SCRA 254

b) Commission on Appointments confirmation

Sarmiento v Mison, 156 SCRA 547
Bautista vs. Salonga 172 SCRA 160
Cabiling v. Pabualan, G.R. Nos. L-21764 and L-21765, May 31,
1965, 14 SCRA 274, citing Taada and Carreon
c) Midnight appointments

Sec. 15, Article VII of the 1987

EXECUTIVE ORDER NO. 2 (July 30, 2010) RECALLING,
WITHDRAWING, AND REVOKING APPOINTMENTS ISSUED BY
THE PREVIOUS ADMINISTRATION IN VIOLATION OF THE
CONSTITUTIONAL BAN ON MIDNIGHT APPOINTMENTS, AND FOR
OTHER PURPOSES
G.R. No. 191002 March 17, 2010 & April 20, 2010) ARTURO M.
DE CASTRO, vs. JUDICIAL AND BAR COUNCIL (JBC) and
PRESIDENT GLORIA MACAPAGAL - ARROYO, and other
consolidated cases.

d) Power of removal
3. Power of control and supervision

Control vs. Supervision

Mondano vs. Silvosa, 97 Phil. 143 (1955
a) Doctrine of qualified political agency
De Leon vs. Carpio, 178 SCRA 457 (1989)
b) Executive departments and offices
Article VII, Section 17
The Cabinet
c) Local government units

Art. X, Sec. 4
Art. X, Sec. 16.
Republic Act 7160- Local Government Code

o G.R. No. 147870 July 31, 2002 RAMIR R. PABLICO vs.

ALEJANDRO A. VILLAPANDO citing Salalima v. Guingona, Jr.,

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4. Military powers

Powers as commander-in-chief
o Calling out powers of the president to suppress:
o The President may suspend the priviliege of the writ of habeas
corpus or declare martial law in the following instances:

5. Pardoning power
a)

NATURE AND LIMITATIONS

Angeles vs. Gaite G.R. No. 176596 March 23, 2011

b) FORMS OF EXECUTIVE CLEMENCY

1. Commutation reduction or mitigation of the penalty.
2. Amnesty an act of grace concurred in by the legislature, usually
extended to groups of persons who committed political offense which
puts into oblivion the offense itself. As a public act, courts take judicial
notice of such.
3. Reprieves withholding of a sentence for an interval of time; a
postponement of execution
4. Remission of fines and forfeitures prevents the collection of fines
or the confiscation of forfeited property and it cannot have the effect of
returning property which has been vested in third parties or money ion
the public treasury.
5. Pardons act of grace which exempts the individual on whom it is
bestowed from the punishment which the law inflicts for the crime he
has committed; Pardon is granted by the Chief Executive and as such it
is a private act which must be pleaded and proved by the person
pardoned, because the courts take no notice thereof
PARDON
Private act of the President
upon which there can be no
judicial scrutiny.
No need for concurrence of
Congress.
Acceptance is necessary.

AMNESTY
Public act of the President that
courts may take judicial notice
of.
Needs concurrence of Congress.
No need for distinct acts of
acceptance.
Addressed to political offenses.

Generally granted for common

crimes.
Granted to one only after Granted to classes of persons
conviction.
guilty of a political offense, before
or after the institution of criminal
proceedings and sometimes even
after conviction.
Looks forward and relieve the
offender from the
consequences of an offense of
which he has been convicted.

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Looks backward and abolishes

and puts into oblivion the offense
itself, as if no offense was
committed.

6. DIPLOMATIC POWER

TREATIES
EXECUTIVE AGREEMENTS
Formal
documents,
which Become binding through executive action
require ratification with the without the need of a vote by the Senate or
approval of 2/3 of the Senate.
by Congress.
International
agreements
involving political issues or
changes of national policy and
those involving international
arrangements of a permanent
character. (ex. Agreement on
tax, extradition, alliance)

International
agreements
embodying
adjustments of detail carrying out wellestablished national policies and traditions
and those involving arrangements of a
more or less temporary nature. (ex.
Agreements relating to postal conventions,
tariff rates, most favored nation clause)

In Bayan vs. Zamora, the Supreme Court treated the Visiting Forces
Agreement as a treaty which required the concurrence of the Senate. In this
respect, as a treaty the Philippines was bound to comply with it in keeping with
the principles of international law. The VFA is an agreement which defines the
treatment of United States troops
7. POWERS RELATIVE TO APPROPRIATION MEASURES
a) Borrowing power
Art. VII, Section 20 of the 1987 Constitution
b)
Budgetary Power
Art. VII, Section 22 of the 1987 Constitution
8. DELEGATED POWERS
potestas delegata non delegari potest.
9. Veto powers
pocket veto
VETO MESSAGE
The President disapproves the bill
and returns the same to the
house
where
it
originated,
together with his veto message.

POCKET VETO
A Pocket Veto is when the President
fails to sign a bill within the 10
days allowed by the Constitution
(U.S.A.).
Congress must be in adjournment
in order for a pocket veto to take
effect.
If Congress is in session and the
president fails to sign the bill, it
becomes law without his signature.
There is no pocket veto in the
Philippines.

DOCTRINE OF INAPPROPRIATE PROVISIONS

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10. RESIDUAL POWERS

Marcos vs. Manglapus, 177 SCRA 668.
11. EXECUTIVE PRIVILEGE
12. OTHER POWERS OF THE PRESIDENT:
C. RULES OF SUCCESSION

Vacancy at the beginning of the term

Vacancy During the Term
TEMPORARY DISABILITY
SERIOUS ILLNESS OF THE PRESIDENT

B. VICE PRESIDENT
V. JUDICIAL DEPARTMENT
1. JUDICIAL POWER
A. Traditional Concept:
B. Expanded Concept:
1. JUDICIAL REVIEW
BASIS OF JUDICIAL REVIEW
David vs. Arroyo, G.R. NO. 171396, May 3, 2006
SCOPE OF JUDICIAL REVIEW
Biraogo vs. Truth Commission, G.R. No. 192935, Dec. 7, 2010
REQUISITES FOR JUDICIAL REVIEW
LAMP vs. Secretary of Budget and Management, G.R. No. 164987, April 24,
2012

OPERATIVE FACT DOCTRINE

MOOT AND ACADEMIC RULE
POLITICAL QUESTION DOCTRINE

JUSTICIABLE QUESTION
A definite and concrete dispute
touching on the legal relations of
parties having adverse legal
interests which may be resolved
by a court of law through the
application of a law (Cutaran vs.
DENR, 350 SCRA 697).

POLITICAL QUESTION
It means a question of policy. It refers to
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
Legislature or executive branch of the
Government (Taada v. Cuenco, G.R. No.
L-10520,February 28, 1957).

It is a matter appropriate for

court review. It pertains to
issues which are inherently
susceptible of being decided on
grounds recognized by law

The Court does not automatically assume

jurisdiction over actual constitutional
cases brought before it even in instances
that are ripe for resolution. The grant of
power is qualified, conditional and

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(Integrated Bar of the Philippines subject to limitation as to whether or

vs. Hon. Ronaldo B. Zamora, GR not there has been a grave abuse of
No. 141284, August 15, 2000).
discretion amounting to lack or
excess of jurisdiction on the part of
the official whose action is being
questioned (Integrated Bar of the
Philippines vs. Hon. Ronaldo B. Zamora,
G.R. No. 141284, August 15, 2000).
B. Safeguards of Judicial independence
C. JUDICIAL RESTRAINT
D. APPOINTMENTS TO THE JUDICIARY
QUALIFICATIONS
SUPREME COURT

LOWER COLLEGIATE
COURTS

Natural born citizen

of the Philippines
A judge of a lower
court or engaged in
the practice of law in
the Philippines for 15
years or more

LOWER COURTS

Natural born citizen Citizen of the Philippines

of the Philippines
Member
of
Philippine Bar

the

Other qualifications as
may be prescribed by
the Congress

Member
of
Philippine Bar

the

Other qualifications as
may be prescribed by the
Congress

At least 40 years of
age
E. SUPREME COURT
COMPOSITION.
EN BANC AND DIVISION CASES
Procedural rule-making concerns:
ADMINISTRATIVE SUPERVISION OVER LOWER COURTS
ORIGINAL AND APPELLATE JURISDICTION
Sec. 5, Art. VIII of the 1987 Constitution
People vs. Mateo (433 SCRA 640
6. Electoral Tribunal for Presidential and Vice Presidential Contests Sitting en
banc
1.
2.
3.
4.
5.

F. JUDICIAL PRIVILEGE

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VI. CONSTITUTIONAL COMMISSIONS

Qualifications
Civil Service
Commission

Commission on
Elections

Commission on
Audit

Composition

1 Chairman 2
Commissioners

1 Chairman 6
Commissioners

1 Chairman and
2 Commissioners

Qualifications

a. Natural Born
Citizens;

a. Natural Born
Citizens

a. Natural Born
Citizens

b. at least 35
years at the time
of the
appointment

b. at least 35
years at the time
of the
appointment

b. at least 35
years at the time
of the
appointment

c. With proven
capacity for
public
administration

c. Holders of
College Degrees;

c. CPA or Lawyer
with practiced 10
years;

d. Not candidates
for any elective
position in the
election
immediately
preceding
appointment

d. Not candidates
for any elective
position in the
election
immediately
preceding
appointment

d. Not candidates
for any elective
position in the
election
immediately
preceding
appointment

NB: Majority,
including the
chairman must
be members of
the Philippine
Bar and
practiced law for
10 years
Appointments

Need CA
Confirmation

Disqualification Same as
President and
Vice President
under Article VII
and members of
Congress under
Article VI -

27 | P a g e

Need CA
Confirmation

Need CA
Confirmation;
Members cannot
belong to the
same profession

Same

Same

A. Constitutional Safeguards to ensure independence of commissions

B. Powers and Functions of Each Commission
1. The Civil Service Commission
Scope of the Civil Service - Article IX-B, Section 2(1)

General vs. Roco G.R. No. 143366, January 29, 2001

Montecilio vs. CSC, GR No. 131954, June 28, 2001.

2. Commission on Elections

Powers and Functions - Article IX-C, Section 2

Pre-proclamation controversies include

3. Commission on Audit

Sec. 2 Powers and Functions

Section 3.
Section 20

C. Prohibited Offices and Interests

A. CITIZENSHIP
A. WHO ARE FILIPINO CITIZENS

Under the 1935 Constitution

Under the 1973 Constitution:
Under the 1987 Constitution:

B. MODES OF ACQUIRING CITIZENSHIP

2. By Birth
a) Jus Sanguinis (Blood Relationship)
b) Jus Soli (Place of Birth)
3. By Marriage to a foreigner whose laws make automatically make the
spouse citizen of his country
4. By Naturalization
C. Naturalization and denaturalization

R.A. No. 9139

C.A. No. 473, as amended
Edison So vs. Republic of the Philippines, G.R. No. 170603, January 29,
2007
R. A. No. 9139 - Administrative Naturalization Law of 2001

D. DUAL CITIZENSHIP AND DUAL ALLEGIANCE

E. LOSS AND RE-ACQUISITION OF PHILIPPINE CITIZENSHIP
F. LOSS OF CITIZENSHIP MAY BE BROUGHT ABOUT BY:
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Frivaldo vs. Comelec, 174 SCRA 245

G.RE ACQUISITION OF CITIZENSHIP
Derivative Citizenship

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