Constitutional Law I class of Atty.

Mark Lawrence Badayos, JD

Reviewer by: Jasmine Kaye Yuson {USC JD 1 EH305MC}

Separation of Powers cooperation, the Supreme Court, Constitutional

Commissions, and the Ombudsman have so far limited
-Art 2. Sec. 1, The Philippines is a democratic and their objections to constant reminders. We now agree with
republican state and sovereignty resides from them. the petitioners that this grant of autonomy should cease to
- Co-equal and co-independent bodies, and that they operate be a meaningless provision.|
under the principle of check and balances.
Fort Bonifacio Development Corp. v. CIR
3 branches of the government
- The courts cannot limit the application or coverage of a law,
Executive Legislative Judiciary nor can it impose conditions not provided therein.
Member: Members: House Members: - To do so, constitutes judicial legislation.
President, Vice- of Representative Supreme Court
President, and Senate and lower courts Maceda v. Vasquez
Cabinet Members
- In the absence of any administrative action taken against
Duty: execute the Duty: Legislate Duty: Interpret the
laws and enact laws laws to determine Maceda by this Court with regard to his certificates of
WON they are in service, the investigation being conducted by the
line with the Ombudsman encroaches into the Court’s power of
provisions of the administrative supervision over all courts and its
Constitution personnel, in violation of the doctrine of separation of
powers.

Principle of separation of powers Blending of powers

- The cardinal postulate explains that the 3 branches
must discharge their respective functions w/in the
limits of authority conferred by the Constitution.
- Neither the Congress, the President, nor the Judiciary
may encroach on fields allocated to the other
branches of gov’t.
Theory of Separation of Powers
Pangasinan Transportation Co. V. PSC
- The doctrine of separation of powers is intended to
prevent a concentration of authority in one person or
group of persons that might lead to an irreversible error
or abuse in its exercise to the detriment of our
republican institutions.
- The doctrine is intended to secure action, to
forestall over-action, to prevent despotism and to
obtain efficiency.
La Bugal- B’laan tribal Ass. V. Ramos (DENR)
- Under the doctrine of separation of powers and due
respect for co-equal and coordinate branches of
government, the Court must restrain itself from intruding
into policy matters and must allow the President and
Congress maximum discretion in using the resources of
our country and in securing the assistance of foreign
groups to eradicate poverty and answer employment
opportunities in the country.
Bengzon v. Drilon
- To achieve these purposes, the legislature is generally
limited to the enactment of laws and may not force or apply
them;
- the executive to the enforcement of laws and may not
enact or apply them;
- And the judiciary to the application of laws and may
not enact or enforce them.
- There certain powers that are not confined exclusively to
a certain department but are in fact assigned to or shared
by several departments.
EXAMPLES of blended powers
- Preparation of national budget (General
Appropriations Law)
1. It begins with the preparation of the President of
the budget [ basis of the bill];
2. Adopted by Congress and subsequently
submitted to the President.
- Impeachment of the President
1. Close coordination between legislative and
judicial branch where the Chief Justice of the
Supreme Court acts as the presiding officer.
Checks and Balances
- One department is allowed to resist encroachments upon
its prerogatives or to rectify mistakes or excess
committed by the other department.
- It makes the doctrine of separation of powers workable.
Non-Delegation of Powers
- Potesta delegata non delegari potest
“WHAT HAS BEEN DELEGATED CANNOT BE
DELEGATED”
- Corollary to the doctrine of separation of powers
.
- Equally applies to the 3 branches of the government, but
with paramount importance in so far as Congress is
concerned because of the many instances where
Congress is permitted to further delegate the delegated
authority.
- Reason: Increasing complexity of the task of the gov’t and
the growing inability of the legislature to cope directly with
the many problems demanding its attention.

- FISCAL Autonomy: The Judiciary, the Constitutional

Legislative Department
Commissions, and the Ombudsman must have the
independence and flexibility needed in the discharge of
Senate
their constitutional duties.
Composition
- The imposition of restrictions and constraints on the
manner the independent constitutional offices allocate and - Art. 6, sec. 2:
utilize the funds appropriated for their operations is  24 senators;
anathema to fiscal autonomy and violative not only of the  Elected at large by qualified voters
express mandate of the Constitution but especially as
regards the Supreme Court, of the independence and
separation of powers upon which the entire fabric of our
constitutional system is based. In the interest of comity and
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Constitutional Law I class of Atty. Mark Lawrence Badayos, JD
Reviewer by: Jasmine Kaye Yuson {USC JD 1 EH305MC}
Qualifications
- Sec. 3:
 Natural-born citizen of the Philippines;
 35 years old ( on the day of the election);
 Able to read and write;
 Registered voter;
 Resident of the Philippines for not less than
2 years immediately preceding the day of the
election.
POE-Llamanzares v. COMELEC {Question on Residency}
- Requisites for effective change of domicile
 Actual residence or bodily presence in a new
locality;
 Intention to remain there [ Animus manendi];
 Intention to abandon the old domicile
[Animus non revertendi].
- Ruling: “No case similar to petitioner's, where the former
Filipino's evidence of change in domicile is extensive and
overwhelming, has as yet been decided by the Court.
Petitioner's evidence of residence is unprecedented. There
is no judicial precedent that comes close to the facts of
residence of petitioner. There is no indication in Coquilla v.
COMELEC, 166 and the other cases cited by the
respondents that the Court intended to have its rulings
there apply to a situation where the facts are different.
Surely, the issue of residence has been decided
particularly on the facts-of-the case basis.”
Term
- Sec. 4:
 6 years;
 Commences at noon of the 30th of June
following the election;
 Not more than 2 consecutive term
Voluntary Renunciation of the office for any length of time
shall not be considered as an interruption in the continuity
of his service for the full term for which he was elected.
House of Representative
Composition
- 2 members:
 District Representative
 Party-list Representative
o seat each: Provided, That those garnering more than
- Not more than 250 members
Qualifications
 Natural-born citizen of the Philippines;
 35 years old ( on the day of the election);
 Able to read and write;
 Registered voter in the district which he
seeks to be elected;
 Resident of therein for not less than 1 year
before the election
DISTRICT REPRESENTATIVEs
- Legislative District
 Contiguous: physical contact
 Compact: solid
 Adjacent territory: close by or near
Macias v. Comelec
- Validity of a legislative apportionment is a justiciable
question.
- The S.C. annulled the challenged law in that case
when it was shown that the apportionment was not
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based on the number of the inhabitants in the various
representative districts.
-
Aldaba v. Comelec
- The S.C. nullified that law creating legislative district
of Malolos City after finding that it was based on
mere demographic projections.
- S.Cs “Carving the city from the former 1st legislative
district, leaving the town of Bulacan isolated from the
rest of the geographic mass of that district”
- This contravenes, acc. To S.C., the requirement set in
Sec. 5 (3) of Art. 6, that legislative district shall
comprise of , as far as practicable, contiguous,
compact, and adjacent territory.
Party-list Representatives
- 20% of the total membership of the body
- Rules for Party-list is embodied in RA 7941
Purpose: To give opportunity to the underrepresented
and the marginalized sectors or those lacking a well-
defined constituency to have a voice in Congress.
Sec. 11, RA 7941
- Number of Party-List Representatives. — The party-
list representatives shall constitute twenty per
centum (20%) of the total number of the members of
the House of Representatives including those under
the party-list.
- For purposes of the May 1988 elections, the first five
(5) major political parties on the basis of party
representation in the House of Representatives at the
start of the Tenth Congress of the Philippines shall
not be entitled to participate in the party-list system.
- In determining the allocation of seats for the second
vote, the following procedure shall be observed:
- (a) The parties, organizations, and coalitions shall be
ranked from the highest to the lowest based on the
number of votes they garnered during the elections.
- (b) The parties, organizations, and coalitions
receiving at least two percent (2%) of the total votes
cast for the party-list system shall be entitled to one
two percent (2%) of the votes shall be entitled to
additional seats in the proportion to their total
number of votes: Provided, finally, That each party,
organization, or coalition shall be entitled to not more
than three (3) seats.
Sec. 12, RA 7941
- Procedure in Allocating Seats for Party-List
Representatives. — The COMELEC shall tally all the
votes for the parties, organizations, or coalitions on a
nationwide basis, rank them according to the number of
votes received and allocate party-list representatives
proportionately according to the percentage of votes
obtained by each party, organization, or coalition as
against the total nationwide votes cast for the party-list
system.
Veterans v. Comelec
-Is the 20% allocation for party-list representatives provided in
Sec 5(2), Art VI of the Const. mandatory?
Ruling: No. A simple reading of Sec 5, Art VI of the Const.
easily conveys the message that Congress was vested with
the broad power to define and prescribe the mechanics of the
party-list system of representation. The Constitution explicitly
Constitutional Law I class of Atty. Mark Lawrence Badayos, JD
Reviewer by: Jasmine Kaye Yuson {USC JD 1 EH305MC}
sets down only the percentage of the total membership in the
House of Reps reserved for party-list reps. In the exercise of
its constitutional prerogative, Congress enacted RA 7941.
Considering the requirements under Sec 11(b) thereof, it will
be shown presently that Sec 5(2), Art VI of the Const. is not
mandatory. It merely provides a ceiling for party-list seats
in Congress.
Ang Bagong Bayani v. Comelec
- What are the guidelines for screening party-list
participants?
Ruling: The Court remanded the case to the COMELEC to
determine whether the 154 organizations and parties allowed
to participate in the party- list elections comply with the
requirements of the law, issuing the following guidelines: 8
parameters!!!
BANAT v. Comelec
- For every 4 districts representative, there must be 1
party-list representative. (Art. 6, sec 5(2))
- Automatically created by the constitution
- No need for legislation to create one.
Xxx
Who may participate in the party-list election?
Atong Paglaum v. Comelec
- Political parties need not align themselves with sectoral
groups or organizations. And nominees thereof need not
come from that sector itself , provided that he can show
that he has a proven track record for advocating the
cause of the organization he seeks to represent.
-6 parameters:
1. Three different groups may participate in the party-list
system. The national parties, regional parties and sectoral
parties.
2. National parties and regional parties do not need to
organize along sectoral lines and do not need to represent
any “marginalized or underrepresented” sector.
3. Political parties can participate in party-list elections
provided they register under the party-list system and do not
field candidates in legislative district elections.
4. Sectoral parties may either be “marginalized and
underrepresented” or lacking in “well-defined political
constituencies.”
5. A majority of the members of sectoral parties that
represent the marginalized and underrepresented must
belong to such sector which they represent.
6. National, regional and sectoral parties or organizations shall
not be disqualified if some of their nominees are disqualified.
Sec. 6, RA 7941
Disqualifications Sec 6 RA 7941 Enumerates the grounds
under which an organization may be denied registration in the
party-list
1. Religious sectors
2. Those espousing the use of force or violence to attain its
goals
3. Foreign organizations or political parties
4. Those who violated election rules
5. Those who made misrepresentations in the petition
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6. Ceased to exist for a period exceeding one years 7. Failed
to participate in the last 2 preceding elections
8. Failed to garner at least 2% of the votes cast in the 2
preceding elections.
*In the national election, one voter is entitled to 2 votes for the
members of the house of reps. 1 vote for the district
representative and another for the party-list representative.
Phil. Brotherhood Guardian Inc. v. Comelec
- We are aware that PGBI's situation — a party list group or
organization that failed to garner 2% in a prior election
and immediately thereafter did not participate in the
preceding election — is something that is not covered by
Section 6 (8) of RA 7941.
Ladlad Lgbt v. Comelec
Que: What organizations may qualify under the party-list
system of elections?
1. Labor
2. Peasant
3. Fisher folks
4. Indigenous cultural communities
5. Urban poor
6. Elderly
7. Handicapped
8. Women
9. Youth
10. Veterans
11. OFWs
12. Professionals
Is Ladlad LGBT a marginalized or under-represented
sector?
Answer:
- Enumeration of Sec. 5 of RA7941 is not exclusive. “The
crucial element is not whether a sector is specifically
enumerated, but whether a particular organization
complies with the requirements of the Constitution and
RA 7941.
- It is enough that their principal advocacy pertains to the
special interest and concerns of their sector.
Term
- Art. 6, sec. 7, : The Members of the House of
Representatives shall be elected for a term of three years
which shall begin, unless otherwise provided by law, at
noon on the thirtieth day of June next following their
election.
No member of the House of Representatives shall serve for
more than three consecutive terms. Voluntary renunciation of
the office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for
which he was elected.
- RA 7941, sec 14 : Term of Office. — Party-list
representatives shall be elected for a term of three (3)
years which shall begin, unless otherwise provided by
law, at noon on the thirtieth day of June next following
their election. No party-list representatives shall serve for
Constitutional Law I class of Atty. Mark Lawrence Badayos, JD
Reviewer by: Jasmine Kaye Yuson {USC JD 1 EH305MC}

more than three (3) consecutive terms. Voluntary

renunciation of the office for any length of time shall not
be considered as an interruption in the continuity of his
service for the full term for which he was elected.

Election
|

- 2nd Monday of May

- Vacancy of a seat is supposed to be fill by special
election called by the COMELEC
- EXCEPTION: Vacancy of the Party list Rep.

Salaries

- It should be determined by law.

- No increase shall take effect during the term.
- Php. 204, 000.00 salary (Art. 18, sec. 17)

Parliamentary Immunities

- A Senator or Member of the House of Representatives

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

2 kinds of Privileges:
- What it provides is privilege from arrest, and not immunity
from suit.
- Therefore, a member of the Congress can be sued.
Session of Congress in respect to privilege from arrest
Refers to the period beginning from the initial convening
of Congress until its final adjournment.
- June 2013 – Congress convened May 2014 – Adjourned
- Illustration: X is facing a criminal case for reckless
imprudence, the penalty imposable does not exceed 6
years. May X be arrested during a recess or at the end of
every particular session for the day?
- Ruling: NO. For purposes of applying privilege from
arrest, session of Congress refers to the period of initial
convening of Congress in June 2013 until the final
adjournment in May 2014.

Powers of the Legislative Department

GENERAL (PLENARY)

- Lawmaking
- Framing and Enacting laws

Statute: A written will of the legislature, solemnly expressed

according to the forms necessary to constitute it the law of the
state.

David v. Arroyo

- It has since been clarified that legislative power is

‘peculiarly w/in the province of the Legislature. Neither
Martial Law nor a state of emergency” can justify the
President’s “exercise of legislative power by issuing
decrees.”

Review CAP v. Ermita

- Legislative power is the power to make laws includes the

power to alter and repeal them.

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