Constitutional and Philippine Political Law

Constitutional and Philippine Political Law – ISAGANI CRUZ ©2014
Political law – branch of public law which deals with the organization and operations of the governmental organs of the
State and defines the relations of the State with the inhabitants of its territory
- Need to study: every citizen, regardless of calling, should understand the mechanics and motivations of his
government. This must be so because sovereignty resides in the people and all government authority emanates
from them. It is upon the active involvement in public affairs of every Filipino that the success of the Republic of
the Philippines will depend
- All educational institutions shall include the study of the Constitution as part of the curricula
1) 1935 Commonwealth Constitution

2) 1973 Marcos Constitutions
3) Freedom Constitution adopted by Corazon Aquino
4) 1987 Constitution – 76.29% voted ratification against 22.74%
The most notable flaw of the new charter is its verbosity and consequent prolixity that have dampened popular interest in
what should be the common concern of the whole nation
- Ex. Social Justice and National economy could have been worded briefly without loss of substance to let legislatures
do more laws
What is worse is the inclusion of certain topics that certainly, by any criterion, have no place in the Constitution, i.e. sports,
love, drugs, advertising and “rhythm and harmony of nature”
Constitution is the basic and paramount law to which all other laws must conform and to which all persons, including the
highest officials of the land, must defer. No act shall be valid, however noble its intentions, if it conflicts with the Constitution
State – community of persons, more or less numerous, permanently occupying a fixed territory, and possessed of an
independent government organized for political ends to which the great body of inhabitants render habitual obedience
(legal concept)
Nation – indicates a relation in birth or origin and implies a common race, usually characterized by community of language
and customs (racial or ethnic concept)
- Malcolm: a people bound together by common attractions and repulsions into a living organism possessed of a
common pulse, a common intelligence and inspiration, and destined apparently to have a common history and a
common fate
Government – an element of the state. State is the principal; it is the government that externalizes the State and articulates
its will
Essential Elements of a State: people, territory, government, sovereignty

1) People – inhabitants of the State – must be numerous enough to be self-sufficing and to defend themselves and small
enough to be easily administered and sustained
2) Territory – fixed portion of the surface of the Earth inhabited by the people of the State. The components of territory
are the land mass, otherwise known as terrestrial domain, the inland and external waters, which make up the maritime
and fluvial domain, and the air space above the land and waters, which is called the aerial domain
- The article has deleted reference to the territories we claim “by historic or legal title,” but this does not mean an
outright or formal abandonment of such claim, which was best left to a judicial body capable of passing judgment
over the issue
- Archipelago doctrine – we connect the outermost points of our archipelago with straight baselines and consider all
the waters enclosed thereby as internal waters (under Jamaica Convention on the Law of the Sea 1994)
- UNCLOS I – Convention on the Territorial Sea and the Contiguous Zone – the sovereign right of States parties over
their territorial sea, the breadth of which, however, was left undetermined, and which served as basis for the
passage in 1961 by Congress of RA 3046 “demarcating the maritime baselines of the Philippines as an archipelagic
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State” – amended by RA 5446 to correct typographical errors and reserving the drawing of baselines around Sabah
in North Borneo
- RA 9552 – shortened one baseline, optimized the location of some basepoints around the PH archipelago and
classified adjacent territories, namely, the Kalayaan Island Group (KIG) and the Scarborough Shoal, as “regimes of
islands” whose islands generate their own applicable maritime zones
Article I National Territory now covers the following:
1. Those ceded to the US by virtue of Treaty of Paris on December 10, 1898
2. Those defined in the treaty concluded between the US and Spain on November 7, 1900, which were not defined in
the Treaty of Paris, specifically the islands of Cagayan, Sulu and Sibuto
3. Those defined in the treaty concluded on January 2, 1930, between the US and Great Britain, specifically the Turtle
and Mangsee islands
4. The island of Batanes which was covered under a general statement in the 1935 Constitution
5. Those contemplated in the phrase “belonging to the PH by historic right or legal title” in the 1973 Constitution
3) Government – agency or instrumentality through which the will of the State is formulated, expressed and realized
- Our Constitution requires our government to be democratic and republican
- The mandate of the government from the State is to promote the welfare of the people. Accordingly, whatever
good is done by the government is attributed to the State but every harm inflicted on the people is imputed not to
the State but to the government alone (direct State action)
Functions of the Government:
1) Constituent – constitute the very bonds of the society and are therefore compulsory
a) The keeping of order and providing for the protection of persons and property from violence and robbery
b) The fixing of the legal relations between husband and wife and between parents and children
c) The regulation of the holding, transmission and interchange of property, and the determination of its liabilities for
debt or for crime
d) The determination of contractual rights between individuals
e) The definition and punishment of crimes
f) The administration of justice in civil cases
g) The administration of political duties, privileges and relations of citizens
h) The dealings of the State with foreign powers; the preservation of the State from external danger or encroachment
and the advancement of its international interests
2) Ministrant – those undertaken to advance the general interests of society, such as public works, public charity, and
regulation of trade and industry (merely optional)
ACCFA v. Federation of Labor Unions – “The growing complexities of modern society, however, have rendered this
traditional classification of the functions of government quite unrealistic not to say obsolete. The areas which used to be
left to private enterprise and initiative and which the government was called upon to enter optionally and only because it
is better equipped to administer for the public welfare than is any private individual or group of individuals – socialization
of economic forces
It is now obligatory on the State to promote social justice – to provide adequate social services to promote a rising standard
of living, to afford protection to labor, to formulate and implement urban and agrarian reform programs, and to adopt other
measures intended to ensure the dignity, welfare and security of its citizens. It is also required to establish and maintain a
complete, adequate and fully integrated system of education, to promote scientific research and invention, and to patronize
arts and letters and develop Filipino culture for national identity. These functions, while traditionally regarded as ministrant
and optional, have been made compulsory by the Constitution
Paren Patriae – guardian of the rights of the people. The State as parens patriae affords special protection to children from
abuse, exploitation and other conditions prejudicial to their development
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Types of Governments:
1) De Jure – government has rightful title but no power or control, either because this has been withdrawn from it or
because it has not yet actually entered into the exercise thereof
2) De Facto – government of fact, that is, it actually exercises power or control but without legal title
a) The government that gets possession and control of, or usurps, by force or by the voice of the majority, the rightful
legal government and maintains itself against the will of the latter, such as the government of England under the
Commonwealth, first by Parliament and later by Cromwell as Protector
b) That established as an independent government by the inhabitants of a country who rise in insurrection against
the parent state, such as the government of the Southern Confederacy in revolt against the Union during the war
of secession in the US
c) That which is established and maintained by military forces who invade and occupy a territory of the enemy in the
course of war, and which is denominated as a government of paramount force, such as the cases of Castine in
Maine, which was reduced to a British possession in the war of 1812, and of Tampico, Mexico, occupied during the
war with Mexico by the troops of the US
Philippines is a de facto government:
1) Its existence is maintained by active military power within the territories, and against the rightful authority of an
established and lawful government
2) During its existence, it must necessarily be obeyed in civil matters by private citizens who, by acts of obedience
rendered submission to such force, do not become responsible, as wrongdoers, for those acts, though not warranted
by the law of the rightful government
- Changes in Lawyers League for a Better Philippines v. Corazon C. Aquino – now de jure government
Government of the PH – the corporate governmental entity through which the functions of government are exercised
throughout the PH, including, save as the contrary appears from the context, the various arms through which political
authority is made effective in the PH, whether pertaining to the autonomous regions, the provincial, city, municipal or
barangay subdivisions or other form of local government
Government Agency – refers to any of the various units of the government of the Republic of PH, including a department,
bureau, office, instrumentality or GOCC, or a local government or a distinct unit therein
Administration is transitional whereas the government is permanent
Sovereignty – the supreme and uncontrollable power inherent in a State by which that State is governed
a) Legal – authority which has the power to issue commands (Congress)
b) Political – the power behind the legal sovereign, or the sum of influences that operate upon it
a) Internal – power of the State to control its domestic affairs
b) External – power of the State to direct its relations with other States, also known as independence
Sovereignty is permanent, exclusive, comprehensive, absolute, indivisible, inalienable and imprescriptible
Act of State – act done by the sovereign power of a country, or by its delegate, within the limits of the power vested in him.
An act of State cannot be questioned or made the subject of legal proceedings in a court of law
Doctrine of State Immunity – will result in the impairment of its dignity, besides being a challenge to its supposed infallibility.
Another justification is the practical consideration that the demands and inconveniences of the State from the more
pressing matters demanding its attention, to the prejudice of the public welfare
- Foreign states may be sued in the host state if engaged regularly therein in a business or trade or, even if not so
engaged, on the basis of its contracts in the host state which may be considered as purely commercial, private and
proprietary acts, but not with respect to its contracts entered into by it as governmental or sovereign acts
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- The usual practice is to file such claims not against the State itself but, so as to avoid the appearance of its
involvement, against the officer of the government who is supposed to discharge the responsibility or grant the
redress demanded
Waiver of Immunity – the State immunity is sometimes called “the royal prerogative of dishonesty,” it must be observed in
fairness that the State does not often avail itself of this rule to take undue advantage of parties that may have legitimate
claims against it. Forms of consent:
a) Express consent – manifested either through a general law or a special law (statute)
b) Implied consent – given when the State itself commences litigation or when it enters into a contract
Under C.A. No. 327 as amended by P.D. No. 1445, a claim against the government must first be filed with the CoA, which
must act upon it within 60 days. Rejection of the claim will authorize the claimant to elevate the matter to the SC on
certiorari and in effect sue the State with its consent
In exercising the right of eminent domain, the State exercises its jus imperii, as distinguished from its proprietary rights, or
jus gestionis; yet, even in that area, where private property is to be taken in expropriation without just compensation being
paid, the defense of immunity from suit cannot be set up by the State against an action for payment by the owners
Where suit is filed not against the government itself or its officials but against one of its entities, it must be ascertained
whether or not the State, as the principal that may ultimately be held liable, has given its consent to be sued. This
ascertainment will depend in the first instance on whether the government agency impleaded incorporated or
unincorporated
- An incorporated agency has a charter of its own that invests it with a separate juridical personality, like SSS, UP, and
City of Manila
- Unincorporated agency has no separate juridical personality but is merged in the general machinery of the
government, like the DOJ, the Bureau of Mines and the Government Printing Office
The non-suitability of the State is available to the agency even if it is shown that it is engaged not only in governmental
functions but also, as a sideline, or incidentally, in proprietary enterprises
When the State litigates, either directly or through its authorized officers, it is not required to put up a bond for damages,
or an appeal bond, since it can be assumed that it is always solvent
The mere fact that the State is suable does not mean that it is liable; or to put it another way, waiver of immunity by the
State does not mean concession of its liability
- Liability is determined after hearing on the basis of the relevant laws and the established facts
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Preamble – not considered a source of substantive right since its purpose is only to introduce the Constitution. It also
enumerates the primary aims and expresses the aspirations of the framers in drafting the Constitution and is also useful as
an aid in the construction and interpretation of the text of the Constitution
- Constitution grants tax exemptions to religious institutions, and allows optional religious instruction in our public
schools and even full foreign ownership of religious schools
Republicanism – The Philippines is a democratic and republican State. Sovereignty resides in the people and all government
authority emanates from them
- Justice Laurel – “an enfranchised citizen is a particle of popular sovereignty and is the ultimate source of established
authority”
- A republic is a representative government, a government run by and for the people. It is not a pure democracy
where people govern themselves directly
- The essence of republicanism is representation and renovation, the selection by the citizenry of a corps of public
functionaries who derive their mandate from the people and act on their behalf, serving for a limited period only,
after which they are replaced or retained at the option of their principal
Defense of the State – The prime duty of the Government is to serve and protect the people. The government may call
upon the people to defend the State and, in the fulfilment thereof, all citizens may be required, under conditions provided
by law, to render personal military or civil service
- It is noteworthy that the duty to defend the State is imposed upon all citizens, including women, and that the
military or civil service that may be required of them by law must be personal. This precludes the hiring by the rich
of “mercenaries” or professional soldiers to take their place in the defense of the State
- For those who may have sincere conscientious or religious scruples about the taking of human life, or have no
military inclinations or aptitudes, accommodation can probably be made by assigning them to non-combat or civil
duties
Peace and Order – The maintenance of peace and order, the protection of life, liberty and property, and the promotion of
the general welfare are essential for the enjoyment by all the people of the blessings of democracy
Incorporation Clause – The Philippines renounces war as an instrument of national policy, adopts the generally accepted
principles of international law as part of the law of the land, and adheres to the policy of peace, equality, justice, freedom,
cooperation and amity with all nations
- The transformation that requires that an international law be transformed into a domestic law through a
constitutional mechanism such as local legislation. The incorporation method applies when, by mere constitutional
declaration, international law is deemed to have the force of domestic law
- Where there appears to be a conflict between international law and municipal law, efforts should first be exerted
to harmonize them, so as to give effect to both. For this purpose, it should be presumed that municipal law was
enacted with proper regard for the generally accepted rules of international law
- The instrument of war as an instrument of national policy is itself a generally accepted principle now categorically
expressed in the UN Charter. The view that the war here eschewed is an offensive and not a defensive war finds
support in the reworded provision of Art. VI, Section 23(1)
Rearing of the Youth – The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic
autonomous social institution. It shall equally protect the life of the mother, and the life of the unborn from conception.
The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of
moral character shall receive the aid and support of the Government
- The theory is that the better the home, the better the nation; and also that the strength of the family lies in the
correct upbringing of its children
- Seems to suggest a policy against abortion and left legislature to allow divorce in its discretion
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- Accordingly, it is now sought to promote not only the civic efficiency and moral character of our young citizens but
also their physical, moral, spiritual, intellectual and social well-being so that they will be fully prepared when they
assume their responsibility of leadership in the direction of our country’s destiny
- The out-of-school youth must be given citizenship and vocational training, and scholarships shall be created and
maintained for deserving students
Women – The State shall recognize the role of women in nation-building and shall ensure the fundamental equality before
the law of women and men
- Unequal power relationship between men and women and that women are more likely than men to be victims of
violence. Not to mention the widespread gender bias and prejudice against women
Social Justice – Laws which have for their object the preservation and maintenance of social justice are not only meant to
favor the poor and the underprivileged. They apply with equal force to those who, notwithstanding their more comfortable
position in life, are equally deserving protection from the courts
- Compassion for the poor is an imperative of every humane society but only when the recipient is not a rascal
claiming an undeserved privilege. Social justice cannot be permitted to be the refuge of scoundrels any more than
can equity be an impediment to the punishment of the guilty. Those who invoke social justice may do so only if
their hands are clean and their motives blameless and not simply because they happen to be poor
- Salus populi est suprema lex: Social justice is neither communism nor despotism, nor atomism nor anarchy, but the
humanization of laws and equalization of social and economic forces by the State so that justice in its rational and
objectively secular conception may at least be approximated. Social justice means the promotion of the welfare of
all the people, the adoption by the Government of measures calculated to insure economic stability of all the
component elements of society, through the maintenance of proper economic and social equilibrium in the
interrelations of the members of the community, constitutionally through the adoption of measure legally
justifiable, or extra-constitutionally, through the exercise of powers underlying the existence of all governments on
the time-honored principle
Separation of Church and State – inviolable. No law shall be made respecting an establishment of religion or prohibiting the
free exercise thereof
- The State that is prohibited from interfering in purely ecclesiastical affairs; the Church is likewise barred from
meddling in purely secular matters
Supremacy of Civilian Authority – Civilian authority is at all times, supreme over the military. The AFP is the protector of the
people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory
- While the President is still a civilian, Art. II, Section 3 of the Constitution mandates that civilian authority is, at all
times, supreme over the military, making the civilian president the nation’s supreme military leader
- The Constitution does not require that the President must be possessed of military training and talents, but as
Commander-in-Chief, he has the power to direct military operations and to determine military strategy. As
Commander-in-Chief, he is authorized to direct the movements of the naval and military forces placed by law at
this command, and to employ them in the manner he may deem most effectual
- The military power of the President has been interpreted to include the power to prevent, as Commander-in-Chief,
military personnel from testifying in legislative inquiries, and to conform, mitigate and remit sentences of erring
military personnel
Local Autonomy – The State shall ensure the autonomy of local governments. The belief is that vitalization of the LGU will
enable its inhabitants to develop their resources and thereby contribute to the progress of the whole nation. More
importantly, they will acquire a deepened sense of involvement that will encourage them to participate more actively in
the direction of public affairs as members of the body politic
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Economy – The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos, and
Section 20, where the State recognizes the indispensable role of the private sector, encourages private investments, and
provides incentives for needed investments, and provides incentives for needed investments
- Art. XII, Section 10 – gives the Congress the discretion to reserve to Filipinos certain areas of investment
- Section 11, which reserves franchises for public utilities to citizens of the Philippines or to corporations or
associations organized under the laws of the PH, at 60% of whose capital is owned by such citizens
- Section 12, which calls upon the State to promote the preferential use of Filipino labor, domestic materials and
locally produced goods, and adopt measures that help them make competitive
- Section 13, which the State shall pursue a trade policy that serves the general welfare and utilizes all forms and
arrangements of exchange on the basis of equality and reciprocity
- R.A. 8762 Retail Trade Liberalization Act – lessens the restraint on the foreigners’ right to property or to engage in
an ordinarily lawful business
Miscellaneous – Section 15 (health) and 16 (ecology) need not even be written in the Constitution for they are assumed to
exist from the inception of humankind
- Section 28 – full disclosure complements the right of access to information on matters of public concern found in
the Bill of Rights
- Section 21 – information on foreign loans obtained or guaranteed by the Government shall be made available to
the public
- Section 22 – promotion of rights of indigenous cultural communities within the framework of national unity and
development – indigenous peoples situated within states do not have a general right to independence or secession
from those states under international law, but they do have rights amounting to what was discussed above as the
right to internal self-determination
- Section 17 – promoting total human liberation and development (whatever this may mean)
- Section 26 (equal access to public service and political dynasties) and 27 (honesty and integrity in the public service
against graft and corruption – read in relation to Art. XI Accountability of Public Officers
• Public officers and employees must at all times be accountable to the people, serve them with utmost
responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives
Separation of Powers – the cardinal postulate explains that the 3 branches must discharge their respective functions within
the limits of authority conferred by the Constitution. Under the principle of separation of powers, neither Congress, the
President, nor the Judiciary may encroach on fields allocated to the other branches of the government
- Art. VI, Section 13 – No member of the Congress may hold any other office or employment in the government
during his term without forfeiting his seat
- It is intended to prevent a concentration of authority in one person or group of persons in its exercise to the
detriment of our republican institutions. More specifically, according to Justice Laurel, the doctrine is intended to
secure action, to forestall over-action, to prevent despotism and to obtain efficiency
- It ordains that each of the 3 great branches of the government has exclusive cognizance of and is supreme in
matters falling within its own constitutionally allocated sphere
Blending of Powers – it is often necessary for certain powers to be reposed in more than one department, so that they may
better collaborate with and, in the process, check each other for the public good
Checks and Balances – the theory is that the ends of the government are better achieved through exercise by its agencies
of only the powers assigned to them, subject to reversal in proper cases by those constitutionally authorized
Role of Judiciary – SC mediates to allocate constitutional boundaries or invalidates the acts of a coordinate body, what it is
upholding is not its own supremacy but the supremacy of the Constitution
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Betrayal of Public Trust – refer to acts which are just short of being criminal but constitute gross faithlessness against public
trust, tyrannical abuse of power, inexcusable negligence of duty, favoritism and gross exercise of discretionary powers.
Betrayal of public trust could not suddenly ‘overreach’ to cover acts that are not vicious or malevolent on the same level as
other grounds for impeachment
Political Question – 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 legislative or executive
branch of the government. It is concerned with issues dependent upon the wisdom, not legality, of a particular measure
Impeachment – requires Committee of the House of Representatives to submit its report on an impeachment complaint,
together with its corresponding resolution, to the House within 60 days from its referral to the same, and said resolution
shall be calendared for consideration by the House within 10 session days from its receipt thereof. A vote of at least 1/3 of
all the Members of the House shall be necessary either to affirm a favorable resolution or override its contrary resolution
Delegation of Powers – based upon the ethical principle that such delegated power constitutes not only a right but a duty
to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of
another. It is applicable to all 3 branches of the government, but is especially important in the case of the legislative power
because of the many instances when its delegation is permitted (ex. creation of LTFRB)
Permissible Delegation:
1) Delegation of tariff powers to the President – granted stand-by or flexible tariff powers in the Tariff and Customs Code
conformably to the above provision
2) Delegation of emergency powers to the President – President becomes in effect a constitutional dictator. Conditions:
a) There must be war or other national emergency – may include rebellion, economic crisis, pestilence or epidemic,
typhoon, flood or other similar catastrophe of nationwide proportions or effect
b) The delegation must be for a limited period only
c) The delegation must be subject to such restriction as the Congress may prescribe
d) The emergency powers must be exercised to carry out a national policy declared by the Congress
3) Delegation to the people at large – through referendum – a method of submitting an important legislative measure to
a direct vote of the whole people. It is the power of the electorate to approve or reject a legislation through an election
called for the purpose
• Plebiscite – questions submitted in the latter are intended to work more permanent changes in the political
structure, like a proposal to amend the Constitution. It is a device to obtain a direct popular vote on a matter
of political importance, but chiefly in order to create some more or less permanent political condition
4) Delegation to local governments – based on the recognition that local legislatures are more knowledgeable than the
national lawmaking body on matters of purely local concern and are therefore in a better position to enact the
necessary and appropriate legislation thereon
5) Delegation to administrative bodies – principal agencies tasked to execute laws in their specialized fields – the authority
to promulgate rules and regulations to implement a given statute and effectuate its policies
- They are allowed to ascertain the existence of particular contingencies and on the basis thereof enforce or suspend
the operation of a law
Tests of Delegation:
1) Completeness Test – law must be complete in all its essential terms and conditions when it leaves the legislature so
that there will be nothing left for a delegate to do when it reaches him except enforce it. A law is complete when it
sets forth therein the policy to be executed, carried out or implemented by the delegate
2) Sufficient Standard Test – intended to map out the boundaries of the delegate’s authority by defining the legislative
policy and indicating the circumstances under which it is to be pursued and effected. Its purpose is to prevent a total
transference of legislative power from the lawmaking body to the delegate. It indicates the circumstances under which
the legislative command is to be effected
- Should provide adequate guidelines or limitations in the law to map out the boundaries of the delegate’s authority
and prevent the delegation from running riot
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Pelaez Case – Although Congress may delegate to another branch of the Government the power to fill details in the
execution, enforcement or administration of a law, it is essential, to forestall a violation of the principle of separation of
powers, that said law: (a) be complete in itself – it must set forth therein the policy to be executed, carried out or
implemented by the delegate; (b) to fix a standard – the limits of which are sufficiently determinate or determinable – to
which the delegate must conform in the performance of his functions (R.A. No. 9335 is deemed complete and sufficient)
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Legislative Department – Jones law replaced the Philippine Assembly and Philippine Commission with the House of
Representatives and the Senate respectively
- Discharges powers of non-legislative nature, among them the canvass of the presidential elections, the declaration
of the existence of a war, the confirmation of amnesties, and (through Commission on Appointments) presidential
appointments, the amendment or revision of the Constitution and impeachment
Senate – Composition – shall be composed of 24 Senators who shall be elected at large by the qualified voters of the
Philippines, as may be provided by law. This rule intends to make the Senate a training ground for national leaders and
possibly a springboard to the Presidency
Qualifications:
• Natural-born citizen of the Philippines
• On the day of the election, is at least 35 years of age
• Able to read and write
• A registered voter
• A resident of the Philippines for not less than 2 years immediately preceding the day of election
• Undergone mandatory drug test (not a disqualifying factor)
Residence – the place where one habitually resides and to which, when he is absent, he has the intention of returning. A
person cannot have two residences at the same time; acquisition of a new residence results in forfeiture of the old.
However, an intention to abandon his old residence cannot legally be inferred from his act in establishing a home elsewhere
or otherwise conducting his activities therein, in the absence of a clear showing that he has decided to adopt a new
residence (ex. if he still visits his home province, he is not deemed to have forfeited his legal residence)
- Equivalent to Domicile – place where a person actually or constructively has his permanent home, where he, no
matter where he may be found at any given time, eventually intends to return and remain. It is a fixed residence to
which, whenever absent for business, pleasure or some other reasons, one intends to return
a) A man must have a residence or domicile somewhere
b) When once established it remains until a new one is acquired
c) A man can have but one residence or domicile at a time
- Residence requirement is to prevent strangers or newcomers unacquainted with the conditions and needs of a
community from seeking elective offices in that community. They should be acquainted with the metes and bounds
of their constituencies; more importantly, they should know their constituencies and the unique circumstances of
their constituents – their needs, difficulties, aspirations, potentials for growth and development, and all matters
trivial to their common welfare. At the same time, the constituents themselves can best know and evaluate the
candidates’ qualifications and fitness for office if these candidates have lived among them
- Thus, Senators and Members of the House of Representatives must be natural-born citizens not only at the time of
their election but during their entire tenure. Accordingly, if a legislator should, say, be naturalized in a foreign
country during his term, he shall cease to be entitled to his seat
Term: Section 4: The term of office of the Senators shall be 6 years and shall commence, unless otherwise provided by law,
at noon on the 30th day of June next following their election. On the senators elected in the election in 1992, the first 12
obtaining the highest number of votes shall serve for 6 years and the remaining 12 for 3 years
- All pending matters and proceedings, i.e. unpassed bills and even legislative investigations, of the Senate of a
particular Congress are considered terminated upon the expiration of that Congress and it is merely optional on
the Senate of the succeeding Congress to take up such unfinished matters, not in the same status, but as if
presented for the first time
- It should be noted though that it has been ruled that the Senate’s power to punish for contempt in the exercise of
its power to conduct inquiries in aid of legislation does not cease to exist upon the periodical dissolution of the
Congress or of the House of Representatives, because the Senate is, for said purpose or in connection with said
power, to be considered a “continuing body”
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- The continuity of the life of the Senate is intended to encourage the maintenance of Senate policies as well as a
guarantee that there will be experienced members who can help and train newcomers in the discharge of their
duties
- No senator shall serve for more than 2 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
House of Representatives – Composition: 2 kinds:

a) District representative – elected directly and personally from the territorial unit he is seeking to represent
b) Party-list representative – chosen indirectly through the party he represents, which is the one voted for by the
electorate
Section 5: (1) The House of Representatives shall be composed of not more than 250 members, unless otherwise fixed by
law, who shall be elected from legislative districts apportioned among the provinces, cities and Metro Manila area in
accordance with the number of their respective inhabitants
(2) The party-list representatives shall constitute 20% of the total membership of the House of Representatives. One-half
of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor,
peasant, urban poor, indigenous cultural communities, women, youth and such other sectors as may be provided by law,
except the religious sector
(3) Each legislative district shall comprise, as far as practicable, contiguous, compact and adjacent territory. Each city with
a population of at least 250,000 (minimum only for cities) or each province, shall have at least one representative
(4) Within 3 years following the return of every census, the Congress shall make a reapportionment of legislative districts
based on the standards provided in this section
District Representatives – the initial appointment shall be subject to adjustment by the congress within 3 years after the
return of every enumeration to make the representation of the entire nation as equitable as possible
Party-list Representatives – registered national, regional and sectoral parties or organizations or coalitions thereof, which
will enable Filipino citizens belonging to the marginalized and underrepresented sectors, organizations and parties, and
who lack well-define political constituencies but who could contribute to the formulation and enactment of appropriate
legislation that will benefit the nation as a whole
a) National parties or organizations and regional parties or organizations do not need to organize along sectoral lines
and do not need to represent any ‘marginalized and underrepresented’ sector
b) 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
c) Sectoral parties or organizations may either be ‘marginalized and underrepresented’ or lacking in ‘well-defined
political constituencies.’ It is enough that their principal advocacy pertains to the special interest and concerns of
their sector. The sectors that are ‘marginalized and underrepresented’ include labor, peasant, fisherfolk, urban
poor, indigenous cultural communities, handicapped, veterans and overseas workers. The sectors that lack ‘well-
defined political constituencies’ include professionals, the elderly women and the youth
d) Representatives of sectoral parties or those who lack “well-defined political constituencies’, either must belong to
their respective sectors, or must have a track record of advocacy for their respective sectors
e) National, regional and sectoral parties or organizations shall not be disqualified if some of their nominees are
disqualified, provided that they have at least one nominee who remains qualified
The law provides that not later than 90 days before election day, any political party, organization or coalition may file a
verified petition through its president or secretary for its participation in the party-list system, attaching a copy of its
constitution, by laws, platform, and list of officers, and such other relevant information as may be required by COMELEC
The petition shall be published in at least 2 newspapers of general circulation and, after due notice and hearing, be resolved
within 15 days and in no case later than 60 days before the election
Disqualified sectors:
1) Religious sects
2) Those which advocate violence or unlawful means to seek their goal
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3) Foreign parties
4) Parties which receive support from any foreign government or foreign political party
5) Those which violate or fail to comply with laws, rules or regulations relating to elections laws
6) Those which declare untruthful statements in their petitions
7) Those which have ceased to exist for at least 1 year
8) Those who failed to participate in the last 2 preceding elections
Upon registration, the political group shall submit to the COMELEC not later than 45 days before the election at least 5
names from which its representatives may be chosen in case it obtains the required number of votes
Every voter shall be entitled to 2 votes: 1) district representative and 2) party-list representative
Seat Allocation:
1) The percentage is multiplied by the remaining available seats, which is the difference between the maximum seats
reserved under the party-list system and the guaranteed seats of the 2%. The whole integer of the product of the
percentage and of the remaining available seats corresponds to a party’s share in the remaining available seats
2) One party-list seat is assigned to each of the parties next in rank until all available seats are distributed
Qualifications:
• Natural-born citizen of the Philippines
• A resident of the Philippines for not less than 1 year immediately preceding the day of election
The youth representative must not be more than 30 years old, but may continue beyond that age until the end of his term
Those intending to exercise their right of suffrage must meet the requirements under Section 1, Art. V of the Constitution,
R.A. No. 9189, otherwise known as the Overseas Absentee Voting Act of 2003
On the other hand, those seeking elective public office in the Philippines shall meet the qualifications for holding such public
office as required by the Constitution and existing laws and at the same time of the filing of the certificate of candidacy,
make a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer
an oath (ceases to be dual citizen)
Suffrage may be exercised by all citizens of the PH not otherwise disqualified by law, who are at least 18 years old, and who
have resided in the PH for at least 1 year, and in the place wherein they propose to vote for at least 6 months immediately
preceding the election
Disqualified:
1) Any person who has been sentenced by final judgment to suffer imprisonment for not less than one year, such
disability not having been removed by plenary pardon or granted amnesty
2) Any person who has been adjudged by final judgment by competent court or tribunal of having committed any
crime involving disloyalty to the duly constituted government, such as rebellion, sedition, violation of the anti-
subversion and firearms laws or any crime against national security, unless restored to his full civil and political
rights in accordance with law
3) Insane or incompetent persons as declared by competent authority
Term: Section 7: The members of the HoR shall be elected for a term of 3 years, which shall being, nless otherwise provided
by law, at noon on the 30th day of June next following their election. No member of the HoR shall serve for more than 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
- The abolition of an elective local office due to the conversion of a municipality to a city does not, by itself, work to
interrupt the incumbent official’s continuity of service
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- Preventive suspension is not a term-interrupting event as the elective officer’s continued stay and entitlement to
the office remain unaffected during the period of suspension, although he is barred from exercising the function of
his office during this period
Election: 2nd Monday of May

Salaries: Art. VI, Section 10: The salaries of Senators and Members of HoR shall be determined by law. No increase in said
compensation shall take effect until after the expiration of the full term of all the Members of the Senate and the HoR
approving such increase
Section 20: The records and books of accounts of the Congress shall be preserved and be open to the public in accordance
with law, and such books shall be audited by COA, which shall publish annually an itemized list of amounts paid to and
expenses incurred for each member
Parliamentary Immunities: Section 11: A Senator or member of HoR shall, in all offenses punishable by not more than 6
years of 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
1) Privilege from Arrest – excepted all criminal offenses regardless of degree, with the result that the legislator could
claim the only against civil arrests. For any criminal offense (punishable by less than 6 years), he was subject to
arrest at any time, even during the sessions
- Session – does not refer to day-to-day meetings of the legislature but to the entire period from its initial convening
until its final adjournment
2) Privilege of Speech and Debate – remarks must be made while the legislature or legislative committee is
functioning, that is, in session; and second is that they must be made in connection with the discharge of official
duties
Conflict of Interest: Section 12: All members of the Senate and HoR shall, upon assumption of office, make a full disclosure
of their financial and business interests. They shall notify the House concerned of a potential conflict of interest that may
arise from the filing of a proposed legislation of which they are authors
Incompatible or Forbidden Offices: Section 13: No Senator or member of HoR may hold any other office or employment in
the Government, or any subdivision, agency or instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any office
which may have been created or the emoluments thereof increased during the term for which he was elected
Inhibitions and Disqualifications: Section 14: No Senator or member of the HoR may personally appear as counsel before
any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies. Neither shall he,
directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the
Government, or any subdivision, agency or instrumentality thereof, including any government-owned or controlled
corporation or its subsidiary, during his term of office. He shall not intervene in any matter before any office of the
Government for his pecuniary benefit or where he may be called upon to act on account of his office
- The purpose of disqualification is to prevent the legislator from exerting undue influence, deliberately or not, upon
the body where he is appearing. The pressure may not be intended; normally, the appearance is enough,
considering the powers available to the legislator which he can exercise to reward or punish a judge deciding his
case or, in the case of Electoral Tribunals, his close association with its members
Sessions: Section 15: The Congress shall convene once every year on the 4 th Monday of July for its regular session, unless a
different date is fixed by law, and shall continue to be in session for such number of days as it may determine until 30 days
before the opening of its next regular session, exclusive of Saturdays, Sundays and legal holidays. The president may call a
special session at any time
a) Special Session – general legislation or only such subjects as the President may designate
b) Regular Session – power of the Congress is not circumscribed except by limitations imposed by organic law
Officers: Section 16: The Senate shall elect its President and the HoR its Speaker, by a majority vote of all its respective
members. They do not have a fixed term and may be replaced at any time at the pleasure of a majority of all members of
their respective chambers
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Quorum – any number sufficient to transact business, which may be less than the majority of the membership but majority
of each House
Discipline of Members: Art. VI, Section 16(3): Each House may determine the rules of its proceedings, punish its Members
for disorderly behavior, and with the concurrence of 2/3 of all its Members, suspend or expel a Member. A penalty of
suspension, when imposed, shall not exceed 60 days
- Other measures besides expulsion and suspension are deletion of unparliamentary remarks from record, fine,
imprisonment and censure, sometimes called “soft impeachment”
Journals – are record of what is done and past in legislative assembly. They are useful not only for authenticating the
proceedings but also for the interpretation of laws through a study of the debates held thereon and for informing the people
of the official conduct of their respective legislators
- Enrolled Bill – one which has been duly introduced , finally passed by both houses, signed by the proper officers of
each, approved by the governor (or president) and filed by the secretary of state
- It is only a resume or the minutes of what transpired during a legislative session. The record is the word-for-word
transcript of the proceedings taken during the session
Adjournment: (5) Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for
more than 3 days, nor to any other place (political unit) than that in which two Houses shall be sitting
To be considered a Member of the HoR, there must be a concurrence of the following requisites:
a) Valid proclamation
b) Proper oath
c) Assumption of office
Electoral Tribunals – jurisdiction can only be invoked after winning candidates have been proclaimed
Commission on Appointments: Section 18: There shall be a Commission on Appointments consisting of the President of the
Senate, as ex officio Chairman, 12 Senators, and 12 members of HoR, elected by each House on the basis of proportional
representation from the political parties and parties or organizations registered under the party-list system represented
therein. The Chairman of the Commission shall not vote, except in a case of a tie. The Commission shall act on all
appointments submitted to it within 30 session days of the Congress from their submission. The Commission shall rule by a
majority vote of all the Members
- Ad interim appointments not acted upon at the time of the adjournment of the Congress, even if the 30-day period
has not yet expired, are deemed by-passed under Art. VII, Section 16
Section 19: The Electoral Tribunals and the Commission on Appointments shall be constituted within 30 days after the
Senate the HoR shall have been organized with the election of the President and the Speaker. The Commission on
Appointments shall meet only while the Congress is in session, at the call of its Chairman or a majority of all its Members,
to discharge such powers and functions as herein conferred upon it
Powers of the Congress:

1) Legislative – specific powers of appropriation, taxation and expropriation
2) Non-legislative – power to canvass the presidential election, declare the existence of a state of war, to give
concurrence to treaties and amnesties, to propose constitutional amendments, and to impeach
Legislative Power in General – power of lawmaking, the framing and enactment of laws. This is effected through the
adoption of a bill or a proposed or projected law, which once approved, becomes a statute
Statute – written will of the legislature, solemnly expressed according to the forms necessary to constitute it the law of the
State
- Power to make laws includes power to alter and repeal them
- Supreme Court clarified that subsequent laws do not change or revise any provision in an earlier law, and which
merely fill in gaps or supplement said earlier law, cannot be considered as amendments of the latter
- Power to grant immunity from prosecution has been acknowledged as essentially a legislative prerogative. “The
exclusive power of Congress to define crimes and their nature and to provide for their punishment concomitantly
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carries the power to immunize certain persons from prosecution to facilitate the attainment of state interests,
among them, the solution and prosecution of crimes with high political, social and economic impact. In the exercise
of this power, Congress possesses broad discretion and can lay down the conditions and the extent of the immunity
to be granted”
- Laws in general have no retroactive effect, unless the contrary is provided. Statutes can be given retroactive effect
when the law itself so expressly provides; in case of remedial statutes; in case of curative statutes; in case of laws
interpreting others; and in case of laws creating new rights
Procedure:
1) Bill – is introduced by any member of the HoR or the Senate except for some measures that must originate only in the
former chamber
2) First reading involves only a reading of the number and title of the measure and its referral by the Senate President or
the Speaker to the proper committee for study. The bill may be “killed” in the committee or it may be recommended
for approval, with or without amendments, sometimes after public hearings are first held thereon. If there are other
bills of the same nature or purpose, they may all be consolidated into one bill under common authorship or as a
committee bill
3) Once reported out, the bill shall be calendared for second reading. It is at this stage that the bill is read in its entirety,
scrutinized, debated upon and amended when desired (most important stage in the passage of a bill)
4) The bill as approved on second reading is printed in its final form and copies thereof are distributed at least 3 days
before the third reading. On third reading, the members merely register their votes and explain them if they are
allowed by the rules. No further debate is allowed
5) Once the bill passes third reading, it is sent to the other chamber, where it will also undergo the three readings. If there
are differences between the versions approved by the two chambers, a conference committee representing both
Houses will draft a compromise measure that, if ratified by the Senate and the HoR will then be submitted to the
President for his consideration
6) The bill is enrolled when printed as finally approved by the Congress, thereafter authenticated with the signatures of
the Senate President, the Speaker, and the Secretaries of their respective chambers and approved by the President
Section 24: All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application,
and private bills shall originate exclusively in the HoR, but the Senate may propose or concur with amendments
a) Appropriation Bill – the primary and specific purpose of which is to authorize the release of funds from the public
treasury
b) Revenue Bill – one that levies taxes and raises funds for the government
c) Tariff Bill – specifies the rates or duties to be imposed on imported articles
d) Bill Increasing Public Debt – is illustrated by one floating bonds for public subscription redeemable after a certain
period
e) Bill of Local Application – one involving purely local or municipal matters, like a charter of a city
f) Private Bills – illustrated by a bill granting honorary citizenship to a distinguished foreigner
Prohibited Measures:
1) Those impairing the doctrine of separation of powers
2) Providing for the appointment of elective officers
3) Enactment of ex post facto laws
4) Bills of attainder
5) Laws impairing the obligation of contracts
6) Granting a title of royalty or nobility
7) Law increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution without its advice
and concurrence
Title of Bills: Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.
Purposes of this rule are:
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1) To prevent hodgepodge or log-rolling legislation – any act containing several subjects dealing with unrelated
matters representing diverse interests, the main object of such combination being to unite the members of the
legislature who favor any one of the subjects in support of the whole act
2) To prevent surprise or fraud upon the legislature
3) To fairly apprise the people, through such publications of its proceedings as are usually made, of the subjects of
legislation that are being considered in order that they may have the opportunity of being heard thereon, by
petition or otherwise, if they should so desire
Requirement is satisfied if the title is comprehensive enough to include subjects related to the general purpose which the
statute seeks to achieve. Moreover, a title which declares a statute to be an act to amend a specified code is sufficient and
the precise nature of the amendatory act need not be further stated
In any case, a title must not be “so uncertain that the average person reading it would not be informed of the purpose of
the enactment or put on inquiry as to its contents, or which is misleading, either in referring to or indicating one subject
where another or different one is really embraced in the act, or in omitting any expression or indication of the real subject
or scope of the act
The certificate of urgency can be issued only for the purposes of meeting a public calamity or emergency. In the absence of
such justification, bills must comply with the said requirements prior to their final reading. The determination by the
President as to the existence of a “public calamity” or “emergency” constitutes essentially a political question
Approval of Bills: Art. VI, Section 27: (1) Every bill passed by the Congress shall, before it becomes a law, be presented to
the President. If he approves the same, he shall sign it; otherwise, he shall veto it and return the same with his objections
to the House where it originated, which shall enter the objections at large on its Journal and proceed to reconsider it. If
after such reconsideration, 2/3 of all the Members of such House shall agree to pass the bill, it shall be sent, together with
the objections, to the other House, by which it shall likewise be reconsidered, and if approved by 2/3s of all the Members
of that House, it shall become a law
(2) The President shall have the power to veto any particular item or items in an appropriation, revenue or tariff bill, but
the veto shall not affect the item or items which he does not object
3 Methods by which Bill Becomes a Law:
1) When the President signs it
2) When the President vetoes it but the veto is overridden by 2/3 vote of all members of each house
3) When the President does not act upon the measure within 30 days after it shall have been presented to him
The general rule is that the President must approve entirely or disapprove in toto. The exception applies to appropriation,
revenue and tariff bills, any particular item or items of which may be disapproved without affecting the item or items to
which he does not object
Lawmaking under the Constitution is a joint act of the Legislature and of the Executive
Concept of Congressional Oversight – concerns post-enactment measures undertaken by Congress:
a) Monitor bureaucratic compliance with program objectives
b) Determine whether agencies are properly administered
c) Eliminate executive waste and dishonesty
d) Prevent executive usurpation of legislative authority
e) Assess executive conformity with the congressional perception of public interest
3 Categories of Congressional Oversight Functions:
a) Scrutiny – implies a lesser intensity and continuity of attention to administrative operations. Its primary purpose is
to determine economy and efficiency of the operation of government activities
b) Congressional Investigation – a more intense digging of facts (under Art. VI, Section 21)
c) Legislative Supervision – connotes continuing and informed awareness on the part of a congressional committee
regarding executive operations in a given administrative area. It allows Congress to scrutinize the exercise of
delegated law-making authority, and permits Congress to retain part of that delegated authority (through veto)
- Supporters of Legislative Veto – stress that it is necessary to maintain the balance of power between the legislative
and executive branches of government as it offers lawmakers a way to delegate vast power to the executive branch
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or to independent agencies while retaining the option to cancel particular exercise of such power without having
to pass new legislation or to repeal existing law
- Critics of Legislative Veto – see it as undue encroachment upon the executive prerogatives. They urge that any post-
enactment measures undertaken by the legislative branch should be limited to scrutiny and in investigation; any
measure beyond that would undermine the separation of powers guaranteed by the Constitution
Congressional Oversight must be Confined to the following:
1) Scrutiny based primarily on Congress’ power of appropriation and the budget hearings conducted in connection
with it, its power to ask heads of departments to appear before and be heard by either of its Houses on any matter
pertaining to their departments and its power of confirmation
2) Investigation and monitoring of the implementation of laws pursuant to the power of Congress to conduct inquiries
in aid of legislation
Legislative Veto – is a statutory provision requiring the President or an administrative agency to present the proposed IRR
of a law to Congress, which, by itself or through a committee formed by it, retains a ‘right’ or ‘power’ to approve or
disapprove such regulations before they take effect
Administrative regulations enacted by administrative agencies to implement and interpret the law which they are entrusted
to enforce have the force of law and are entitled to respect. As such, they have the force and effect of law and enjoy the
presumption of constitutionality and legality until they are set aside with finality in an appropriate case by a competent
court
Legislative Inquiries – granted not only to the Senate and the HoR, but also to any of their respective committees. It is now
provided that the legislative inquiry must be in aid of legislation, whether it be under consideration already or still to be
drafted. Moreover, the rights of persons appearing in or affected by such inquiries are likewise required to be respected.
Furthermore, the conduct of investigation must be strictly in conformity with the rules of procedure that must have been
published in advance for the information and protection of the witnesses
- In Gudani v. Senga, the Court declared that the President, as Commander-in-Chief, may validly prohibit a general
from appearing in a legislative inquiry, although the legislature would not be “precluded from seeking judicial relief
to compel his attendance”
- Mere filing of a criminal or administrative complaint before a court or a quasi-judicial body should not automatically
bar the conduct of legislative investigation
- Failure or refusal to attend a legitimate legislative investigation or contumacy of the witness may be punishable as
legislative contempt. The punishment that may be meted out includes imprisonment (only for duration of the
session when the contempt was committed)
Power of Appropriation: Art. VI, Section 29(1): No money shall be paid out of the Treasury except in pursuance of an
appropriation made by the law. Funds are always needed for the support of public projects; money is the motive force and
lubricant of the machinery of government. Hence, the power of the purse is one of the most important prerogatives of the
Congress
Appropriation Measure – statute the primary and specific purpose of which is to authorize the release of public funds from
the treasury. A law creating an office and providing funds therefore is not an appropriation law since the main purpose is
not to appropriate funds but to create the office
a) General – passed annually intended to provide for the financial operations of the entire government during one
fiscal period
b) Special – designed for a specific purpose, such as the creation of a fund for the relief of typhoon victims
Implied Limitations:
1) Must be devoted to a public purpose
2) The sum authorized to be released must be determinate or at least determinable. Ideally, the law must appropriate
a fixed amount, but it is sufficient if only the maximum is indicated
Constitutional Limitations:
1) Bill should originate in the HoR
2) Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported
by appropriate vouchers and subject to such guidelines as may be prescribed by law
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3) Special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually
available as certified to by the National Treasurer, or to be raised by a corresponding revenue proposal included
therein – purpose is to discontinue fictitious appropriations even if Congress knew that no funds were available
4) Congress may not increase the appropriations recommended by the President for the operation of the Government
as specified in the budget. The form, content and manner of preparation of the budget shall be prescribed by law
– no prohibition reducing such recommendation (except for judiciary)
5) No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some
particular appropriation therein. Any such provision or enactment shall be limited in its operation to the
appropriation to which it relates
6) The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving
appropriations for other departments and agencies
7) No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the
Senate, the Speaker of the HoR, the Chief Justice of the Supreme Court and the heads of the Constitutional
Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective
offices from savings in other items of their respective appropriations – cannot transfer to another branch of the
government (within a department)
Appropriations for Sectarian Purposes: Art. VI, Section 29(2): No public money or property shall ever be appropriated,
applied, paid or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian
institution or system of religion, or for the use, benefit or support of any priest, preacher, minister, or other religious teacher
of dignitary as such, except when such priest, preacher, minister or dignitary is assigned to the armed forces, or to any
personal institution or government orphanage or leprosarium
Automatic Re-appropriation: If, by the end of any fiscal year, the Congress shall have failed to pass the general
appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed
re-enacted and shall remain in force and effect until the general appropriations bill is passed by the Congress
Special Funds: All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for
such purpose only. If the purpose for which is a special fund was created has been fulfilled or abandoned, the balance, if
any, shall be transferred to the general funds of the Government
Power of Taxation: The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of
taxation. Tax laws must be for a public purpose
- Uniformity in taxation means that persons or things belonging to the same class shall be taxed at the same rate. It
is distinguished from equality in taxation in that the latter requires the tax imposed to be determined on the basis
of the value of the property
- The present Constitution adds that the rule of taxation shall also be equitable, which means that the tax burden
must be imposed according to the taxpayer’s capacity to pay
- Charitable institutions, churches, parsonages or convents appurtenant thereto, mosques, non-profit cemeteries,
ad all lands, buildings and improvements actually, directly, and exclusively used for religious, charitable or
educational purposes shall be exempt from taxation
- Educational, charitable and religious institutions are now exempted, but only if they or their lands, improvements
and buildings are actually, directly and exclusively devoted to their basic purposes (except building permits, donee’s
tax). The term “dominant use” or “principal use” cannot be substituted for the words “used exclusively” without
doing violence to the Constitution and the law. Solely is synonymous with exclusively
- No law granting tax exemption shall be passed without the concurrence of a majority of all the members of the
Congress – because this results to consequent loss of revenue to the government
- Tax Amnesty – a general pardon or the intentional overlooking on persons otherwise guilty of violation of a tax law.
The grant of a tax amnesty, similar to a tax exemption, must be construed strictly against the taxpayer and liberally
in favor of the taxing authority
- Being a mere statutory privilege, a tax exemption may be modified or withdrawn at will by the granting authority.
A tax exemption cannot be grounded upon the continued existence of a statute which precludes its change or
repeal. No law is irrepealable
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Power of Concurrence (amnesty and treaty) – Art. VII, Section 21: No treaty or international agreement shall be valid and
effective unless concurred in by at least 2/3 of all members of the Senate
War Powers: Section 23(1): The Congress, by a vote of 2/3 of both Houses in joint session assembled, voting separately,
shall have the sole power to declare the existence of a state of war – reacting only to an aggression
Referendum and Initiative: Section 32: The Congress shall, as early as possible, provide for a system of initiative and
referendum, and the exceptions therefrom, whereby the people can directly propose and enact law or approve or reject
any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition therefor,
signed by at least 10% of the total number of registered voters, of which every legislative district must be represented by
at least #% of the registered voters thereof
- Initiative – generally defined as the power of the people to propose bills and laws, and to enact or reject them at
the polls, independent of the legislative assembly. It is the right of a group of citizens to introduce a matter for
legislation either to the legislature or directly to the voters
• Section 32 of RA 6735: the power of the people to propose amendments to the Constitution or to propose and
enact legislations through an election called for the purpose
- Referendum – understood to be the right reserved to the people to adopt or reject any act or measure which has
been passed by a legislative body and which in most cases would without action on the part of the electors become
a law. It is defined as a method of submitting an important legislative measure to a direct vote of the whole people,
the submission of a law passed by the legislature for their approval or rejection
• The power of the electorate to approve or reject a legislation through an election called for the purpose
3 Systems of Initiative:
1) Initiative on the Constitution – refers to a petition proposing amendments to the Constitution
2) Initiative on Statutes – refers to a petition proposing to enact a national legislation
3) Initiative on Local Legislation – refers to a petition proposing to enact a regional, provincial, city, municipal, or
barangay law, resolution or ordinance
4) Indirect Initiative – exercise of initiative by the people through a proposition sent to Congress or the local legislative
body for action
2 Classes of Referendums:
1) Referendum on Statutes – refers to a petition to approve or reject an act or law, or part thereof, passed by the
Congress
2) Referendum on Local Law – refers to a petition to approve or reject a law, resolution or ordinance enacted by
regional assemblies and local legislative bodies
Within a period of 30 days from receipt of he petition, the Commission shall, upon determining the sufficiency of the
petition, publish the same in Filipino and English at least twice in newspapers of general and local circulation and set the
date of the initiative or referendum which shall not be earlier than 45 days but not later than 90 days from the determination
by the Commission of the sufficiency of the petition
- If certified by the Commission, the proposition is approved by a majority of the votes cast, the national law proposed
for enactment, approval or amendment shall become effective 15 days following completion of its publication in
the Official Gazette or in a newspaper of general circulation in the PH
- If, as certified by the Commission, the proposition to reject a national law is approved by a majority of the votes
cast, the said national law shall be deemed repealed and the repeal shall become effective 15 days following the
completion of publication of the proposition and the certification by the Commission in the Official Gazette or in a
newspaper of general circulation in the PH
- However, if the majority vote is not obtained, the national law sought to be rejected or amended shall remain in
full force and effect
Section 10 of the law prohibits petitions embracing more than one subject from being submitted to the electorate and
provides that statutes involving emergency measures, the enactment of which is specifically vested in Congress by the
Constitution, cannot be subject to referendum until 90 days after its effectivity
- Insofar as local initiatives are concerned, not less than 2,000 registered voters in case of autonomous regions, 1,000
in case of provinces and 100 in case of municipalities, and 50 in case of barangays, may file a petition with the
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Regional Assembly or local legislative body, respectively, proposing the adoption, enactment, repeal or amendment
of any law, ordinance or resolution
- 2 or more propositions may be submitted in an initiative
- The power of local initiative shall not be exercised more than once a year. It shall extend only to subjects or matters
which are within the legal powers of the local legislative bodies to enact
- Any proposition or ordinance or resolution approved through the system of initiative and referendum as herein
provided shall not be repealed, modified or amended, by the local legislative body concerned within 6 months from
the date therefrom, and may be amended, modified or repealed by the local legislative body within 3 years
thereafter by a vote of ¾ of all its members: provided, however, that in case of barangays, the period shall be one
year after the expiration of the first 6 months
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Executive Department: Art. VII, Section 1: The executive power shall be vested in the President of the Philippines
- Executive power is briefly described as the power to enforce and administer laws
Qualifications:
• Natural-born citizen of the Philippines (distinguished from naturalized citizen)
• A resident of the Philippines for at least 10 years immediately preceding the day of election
Election: The President and the Vice President are elected by direct vote of the people. Unless otherwise provided by law,
the regular presidential election shall be held at 6 intervals on the 2 nd Monday of May
- The returns of every election for President and Vice President, duly certified by the board of canvassers of each
province or city, shall be transmitted to the Congress, directed to the President of the Senate. Upon receipt of the
certificates of canvass, the President of the Senate shall, not later than 30 days after the day of election, open all
the certificates in the presence of the Senate and the House of Representatives in joint public session, and the
Congress, upon determination of the authenticity and due execution thereof in the manner provided by law,
canvass the votes (ministerial function)
- In case of a tie, one of them shall be chosen by the vote of a majority of all the members of both Houses of Congress,
voting separately
- The Congress shall promulgate its rules for the canvassing of the certificates
- The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election, returns and
qualifications of the President or Vice-President, and may promulgate its rules for the purpose (Presidential
Electoral Tribunal – PET) – independent but not separate from the SC
Term: 6 years which shall begin at noon of the 30th day of June the following day of the election and shall end at noon of
the same date 6 years thereafter. The President shall not be eligible for reelection. No person who has succeeded as
President and has served for more than 4 year shall be qualified for election to the same office at any time
Vice President: Section 4: The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires
no confirmation
4(2) No Vice-President shall serve for more than 2 consecutive terms. Voluntary renunciation of the office for any length of
time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected
Section 9: Whenever there is a vacancy in the office of the Vice-President during the term for which he was elected, the
President shall nominate a Vice-President from among the Members of the Senate and the HoR who shall assume office
upon confirmation by a majority vote of all members of both Houses of Congress voting separately
Presidential Succession: Section 7: If the President-elect fails to qualify, the Vice-President-elect shall act as President until
the President-elect shall have qualified. If at the beginning of the term of the President, the President-elect shall have died
or shall have become permanently disabled, the Vice-President-elect shall become President
Where no President and Vice-President shall have been chosen or shall have qualified, or where both shall have died or
become permanently disabled, the President of the Senate or, in case of his inability, the Speaker of the House of
Representatives shall act as President until a President or a Vice-President shall have been chosen and qualified
The Congress shall by law provide for the manner in which one who is to act as President shall be selected until a President
or a Vice-President shall have qualified, in case of death, permanent disability, or inability of the official mentioned in the
next preceding paragraph
Section 8: In case of death, permanent disability, removal from office or resignation of the President, the Vice-President
shall become the President to serve the unexpired term
Section 11: Whenever the President transmits to the President of the Senate and the Speaker of HoR his written declaration
that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to
the contrary, such powers and duties shall be discharged by the Vice-President as Acting President
Section 12: In case of serious illness of the President, the publish shall be informed of the state of his health. The Members
of the Cabinet in charge of national security and foreign relations and the Chief of Staff of the AFP shall not be denied access
to the President during such illness
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Vacancy of Both Offices of President and Vice-President: The Congress shall at 10AM of the 3rd day after the vacancy in the
offices of the President and Vice-President occurs, convene in accordance with its rules without need of a call and within 7
days enact a law calling for a special election to elect a President and a Vice-President to be held not earlier than 45 days
nor later than 60 days from the time of such call. Appropriations for the special election shall be charged against any current
appropriations and shall be exempt from the requirements of paragraph 5, Section 25, Art. VI of this Constitution. No special
election shall be called if the vacancy occurs within 18 months before the date of the next presidential election
Oath of Office: I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as President of the
PH, preserve and defend its Constitution, execute its laws, do justice to every man and consecrate myself to the service of
the Nation. So help me God (in case of affirmation, last sentence will be omitted)
- The fact that the President takes an oath to preserve and protect the Constitution does not authorize him to exceed
his own powers under the Constitution on the pretext of preserving and protecting it
Perquisites and Inhibitions: Art. VII, Section 6: The President shall have an official residence. The salaries of the President
and Vice-President shall be determined by law and shall not be decreased during their tenure. No increase in said
compensation shall take effect until after the expiration of the term of the incumbent during which such increase was
approved. They shall not receive during their tenure any other emoluments from the government or any other source
- Emolument – profit arising from office or employment; that which is received as compensation for services, or
which is annexed to the possession of office, as salary, fees and perquisites; advantage, gain, public or private
- Section 13: They shall not, during said tenure, directly or indirectly practice any other profession, participate in any
business or be financially interested in any contract with, or in any franchise, or special privilege granted by the
Government or any subdivision, agency or instrumentality thereof, including any GOCC or their subsidiaries. They
shall strictly avoid conflict of interest in the conduct of their office
- The spouse and relatives by consanguinity or affinity within the 4th civil degree of the President shall not during his
tenure be appointed as Members of the Constitutional Commission, or the Office of the Ombudsman, or as
Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including GOCCs and their subsidiaries
Executive Privilege – power of the Government to withhold information from the public, the courts and the Congress or as
the right of the President and high-level executive branch officers to withhold information from Congress, the courts, and
ultimately the public
a) Informer’s Privilege – privilege of the Government not to disclose the identity of a person or persons who furnish
information on violations of law to officers charged with the enforcement of that law
b) Privilege accorded to Presidential Communications – distinguishing between those which involve matters of
national security and those which do not
c) Deliberate Process Privilege – covers documents reflecting advisory opinions, recommendations and deliberations
comprising part of a process by which governmental decisions and policies are formulated
d) Diplomatic Negotiations Privilege – meant to encourage a frank exchange of exploratory ideas between the
negotiating parties by shielding such negotiations from public view
This covers military, diplomatic and other national security matters which, in the interest of national security should not be
divulged. It includes well information between inter-government agencies prior to the conclusion of treaties and executive
agreements, discussions in closed-door Cabinet meetings and matters affecting national security and public order. It is not
a personal privilege, but one that adheres to the Office of the President. It exists to protect public interest, not to benefit a
particular public official
Presidential Immunity – not applicable when it impedes the search for truth or impairs the vindication of a right
Executive Powers:
a) Executive Orders – acts of the President providing for rules of a general or permanent character in implementation
or execution of constitutional or statutory powers
b) Administrative Orders – acts of the President which relate to particular aspects of governmental operations in
pursuance of his duties as administrative head
c) Proclamations – acts of the President fixing a date or declaring a status or condition of public moment or interest,
upon the existence of which the operation of a specific law or regulation is made to depend, and which shall have
the force of an executive order
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d) Memorandum Orders – acts of the President on matters of administrative details or of subordinate or temporary
interest which only concern a particular officer or office of the Government
e) Memorandum Circulars – acts of the President on matters relating to internal administration, which the President
desires to bring to the attention of all or some of the departments, agencies, bureaus or offices of the Government,
for information or compliance
f) General or Special Orders – acts and commands of the President in his capacity as Commander-in-Chief of the AFP
Other Executive Powers:
1) Appointing Power – defined as the selection, by the authority vested with the power, of an individual who is to exercise
the functions of a given office. Act of designation b the appointing officer, body or board, to whom that power has
been delegated, of the individual who is to exercise the functions of a given office
- Section 16: The President shall nominate and, with the consent of the Commission of Appointments, appoint the
1) heads of executive departments, 2) ambassadors, other public ministers and consuls, 3) officers of the AFP from
the rank of colonel or naval captain, 4) other officers whose appointments are vested in him in this Constitution, 5)
all other officers of the government whose appointments are not provided for by law, and 6) those whom he may
be authorized by law to appoint
- Appointments, whether permanent or temporary, are distinguished from designation in that the latter means
simply the imposition of additional duties, usually by law, on a person already in the public service. Designation
does not entail payment of additional benefits or grant upon the person so designated the right to claim the salary
attached to the position
- Distinction between the regular and ad interim appointments:
1) Regular appointment is made during the legislative session; ad interim appointment is made during the recess
2) The regular appointment is made only after the nomination is confirmed by the Commission on Appointments;
the ad interim appointment is made before such confirmation
3) The regular appointment, once confirmed by the Commission on Appointments, continues until the end of the
term of the appointee; the ad interim appointment shall cease to be valid if disapproved by the Commission on
Appointments or upon the next adjournment of the Congress. In the latter case, the appointment is deemed
“by-passed” through inaction of, and so disapproved impliedly by the Commission on Appointments
- Limitations:
Section 14: Appointments extended by an acting President shall remain effective unless revoked by the elected
President within 90 days from his assumption of office
Section 15: 2 months immediately before the next presidential elections and up to the end of his term, a President
or Acting President shall not make appointments except temporary appointments to executive positions when
continued vacancies therein will prejudice public service or endanger public safety
2) Removal Power – members of the SC and the ConCom, although appointed by the President, may be removed only by
impeachment in accordance with Art. XI. Judges of inferior courts, likewise appointed by the President, are subject to
the disciplinary authority of, and may be removed only by, the Supreme Court. Moreover, the Ombudsman, who shall
also be appointed by the President under the Constitution, may be removed only by impeachment
- No officer or employee of the Civil Service shall be removed or suspended except for cause provided by law
3) Control Power – the President shall have control of all the executive departments, bureaus and offices. He shall ensure
that the laws be faithfully executed
- Defined as the power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in
the performance of his duties and to substitute the judgment of the former for that of the latter. Control is a
stronger power than mere supervision, which means overseeing or the power or authority of an officer that
subordinate officers perform their duties
- Doctrine of exhaustion of administrative remedies
- Doctrine of qualified political agency
4) Take-Care Clause – the law he is supposed to enforce includes the Constitution itself, statutes, judicial decisions,
administrative rules and regulations and municipal ordinances, as well as treaties entered into by our government (may
conduct investigations)
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5) Military Power – President shall be Commander-in-Chief of all armed forces of the PH and whenever necessary, he
may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or
rebellion, when the public safety requires it, he may, for a period not exceeding 60 days, suspend the privilege of the
writ of habeas corpus or place the Philippines or any part thereof under martial law (for Congress approval).
- SC may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the
proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must
promulgate its decision thereon within 30 days from its filing
- The state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the
civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies
over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ
- The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses
inherent in or directly connected with invasion. During the suspension of the writ, any person thus arrested or
detained shall be judicially charged within 3 days, otherwise he shall be released
1) Command of the Armed Forces – President plans all campaigns, establishes all sieges and blockades, directs all
marches, fights all battles. Accordingly, it has been held that he can determine what degree of force a particular
crisis demands
- Conduct peace negotiations to promote public peace
- Doctrine of Command Responsibility: a) the existence of superior-subordinate relationship between the accused as
superior and the perpetrator of the crime as his subordinate; b) the superior knew or had reason to know that the
crime was about to be or had been committed; and c) superior failed to take the necessary and reasonable
measures to prevent the criminal acts or punish the perpetrators thereof
2) Habeas Corpus – shall not be suspended except in cases of invasion or rebellion, when the public safety requires it.
It is a writ directed to the person detaining another, commanding him to produce the body of the prisoner at a
designated time and place, with the day and cause of his caption and detention, to do, to submit to, and receive
whatever the court or judge awarding the writ shall consider in his behalf
3) Martial Law – law which has application when the military arm does not supersede civil authority but is called upon
to aid it in the execution of its civil function
Limitations on Military Powers:
1) He may call out the armed forces when it becomes necessary to prevent or suppress lawless violence, invasion or
rebellion only
2) The grounds for the suspension of the privilege of the writ of habeas corpus and the proclamation of martial law
are now limited only to invasion or rebellion, when the public safety requires it
3) The duration of such suspension or proclamation shall not exceed 60 days, following which it shall be automatically
lifted
4) Within 48 hours after such suspension or proclamation, the President shall personally or in writing report his action
to the Congress. If not in session, Congress must convene within 24 hours without need of a call
5) The Congress may then, by a majority vote of all its members voting jointly, revoke his action
6) The revocation may not be set aside by the President
7) By the same vote and in the same manner, the Congress may, upon initiative of the President, extend his suspension
or proclamation for a period to be determined by Congress if the invasion or rebellion shall continue and the public
safety requires the extension
8) The action of the President and the Congress shall be subject to review by SC which shall have the authority to
determine the sufficiency of the factual basis of such action (can be raised by any citizen and SC must decide the
challenge within 30 days from the time it is filed)
6) Pardoning Power: Section 19: Except in cases of impeachment, or as otherwise provided in this Constitution, the
President may grant reprieves, commutation, and pardons and remit fines and forfeitures, after conviction by final
judgment. He shall also have the power to grant amnesty with the concurrence of a majority of all Members of the
Congress
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- Executive Clemency – granted for the purpose of relieving the harshness of the law or correcting mistakes in the
administration of justice
- Pardon – an 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
- Commutation – reduction or mitigation of the penalty, e.g. when the death sentence is reduced to life
imprisonment
- Reprieve – merely a postponement of a sentence to a date certain, or a stay of execution. It may be ordered to
enable the government to secure additional evidence to ascertain the guilt of the convict or, in the case of the
execution of the death sentence upon a pregnant woman, to prevent the killing of her unborn child
- Discretionary and may not be controlled by the legislature or reversed by the courts, save only when it contravenes
the limitations discussed below:
a) Pardon cannot be granted in cases of impeachment. However, the party convicted in an impeachment
proceeding is subject to prosecution, trial and punishment in an ordinary criminal action and in this case can
be extended a pardon
b) No pardon can be granted for the violation of any election law, rule or regulation without the favorable
recommendation of the Commission on Elections
c) Pardon can be granted only after conviction by final judgment
d) Pardon cannot be extended to a person convicted of legislative contempt, as this would violate the doctrine of
separation of powers, or of civil contempt since this would involve the benefit not of the State itself but of the
private litigant whose rights have been violated by the condemner
e) Pardon cannot also be extended for the purpose of absolving the pardonee of civil liability, including judicial
costs, since again, the interest that is remitted does not belong to the State but to the private litigant
f) Pardon also will not restore offices forfeited
Kinds of Pardon:
1) Absolute – extended without any strings attached, so to speak, whereas a conditional pardon is one under which
the convict is required to comply with certain requirements
2) Plenary – extinguishes all the penalties imposed upon the offender, including accessory disabilities, whereas a
partial pardon does not
3) Conditional – the offender has the right to reject it since he may feel that the condition imposed is more onerous
than the penalty sought to be remitted
Effects of Pardon: Restore not only the offender’s liberty but also his civil and political rights, but it cannot bring back lost
reputation for honesty, integrity and fair dealing
Parole – still in the custody of the law although no longer under confinement, unlike the pardonee whose sentence is
condoned, subject only to reinstatement in case of violation of the condition that may have been attached to the pardon
Probation – judicial in nature. It may be granted before actual service of sentence
Amnesty – provides that it can be granted by the President only with the concurrence of the Congress. This concurrence
must be given by a majority of all members of the Congress. The present rule requires a previous admission of guilt since a
person would not need the benefit of amnesty unless he were, to begin with, guilty of the offense covered by the
proclamation. Distinctions between amnesty and pardon:
1) Amnesty is usually addressed to crimes against the sovereignty of the State, to political offenses, forgiveness being
deemed more expedient for the public welfare than prosecution and punishment; pardon condones infractions of
the peace of the State
2) Amnesty is usually addressed to classes or even communities of persons; pardon is usually addressed to an
individual
3) In amnesty, there may or may not be distinct acts or acceptance, so that if other rights are dependent upon it and
are asserted, there is affirmative evidence of acceptance; in pardon, there must be distinct acts of acceptance
4) Pardon does not require the concurrence of the Congress; amnesty requires such concurrence
5) Pardon is a private act of the President which must be pleaded and proved by the person pardoned because the
courts do not take judicial notice of it; amnesty is a public act of which the courts take judicial notice
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6) Pardon looks forward and relieves the offender from the consequences of an offense of which he has been
convicted; while amnesty looks backward and abolishes and puts into oblivion the offense itself; it so overlooks and
obliterates the offense with which he is charged that the person released by amnesty stands before the law
precisely as though he committed no offense
- Amnesty commonly denotes a general pardon to rebels for their treason or other high political offenses, or the
forgiveness which one sovereign grants to the subjects of another, who have offended, by some breach, the law of
nations. Amnesty looks backward, and abolishes and puts into oblivion, the offense itself; it so overlooks and
obliterates the offense with which he is charged that the person released by amnesty stands before the law
precisely as though he had committed no offense
7) Borrowing Power – Section 20: the President may contract or guarantee foreign loans on behalf of the Republic of the
PH with the prior concurrence of the Monetary Board, and subject to such limitations as may be provided by law. The
Monetary Board shall, within 30 days from the end of every quarter of the calendar year, submit to the Congress a
complete report of its decisions on applications for loans be contracted or guaranteed by the Government or GOCC
which would have the effect of increasing the foreign debt, and containing other matters as may be provided by law
8) Diplomatic Power – President is supposed to be the spokesman of the nation on external affairs
- It has already been noted that the President of the PH is empowered to appoint ambassadors, other public ministers
and consults
- Section 21: No treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of
all the Members of the Senate
- Executive Agreement – a treaty within the meaning of that word in international law and constitutes enforceable
domestic law. Unlike a treaty though, an executive agreement does not require legislative concurrence, is usually
less formal and deals with a narrower range of subjects (cannot be used to amend a duly ratified and existing treaty
– power to ratify treaties belongs to the Senate subject to check by the SC)
9) Budgetary Power – Section 22: The President shall submit to the Congress within 30 days from the opening of every
regular session, as the basis of the general appropriations bill, a budget of expenditures and sources of financing,
including receipts from existing and proposed revenue measures
- Congress may not increase appropriations recommended by the President for the operation of the Government as
specified in the budget
10) Informing Power – Section 23: The President shall address the Congress at the opening of its regular session. He may
also appear before it at any other time
- Maintain goodwill of the Congress and so will not deny its request for information if its release will not in his belief
prejudice the public interest. For another, the requested information may be needed as the basis of the legislation
he is recommending and he knows that lacking such basis the legislature would be justified in not acting on his
proposals
- Through State-of-the-Nation (SONA) address, which is delivered at the opening of the regular session of the
legislature. He may also appear before it at any other time for the same purpose
11) Other Powers:
a) Call the Congress to special session
b) Approve or veto bills
c) Consent to the deputization of government personnel by the COMELEC
d) Discipline its deputies
e) By delegation, to exercise emergency and tariff powers
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Judicial Department – the success of the Republic will depend, in the last analysis, upon the effectiveness of the courts in
upholding the majesty of justice and the principle that ours is a government of law and not of men
- Without independence and integrity, courts will lose that popular trust so essential to the maintenance of their
vigor as champions of justice
Independence of the Judiciary:
1) The SC is a constitutional body. It cannot be abolished nor may its membership or the manner of its meetings be
changed by mere legislation
2) The members of the SC may not be removed except by impeachment
3) The SC may not be deprived of its minimum original and appellate jurisdiction as prescribed in Art. VIII, Section 5 of
the Constitution
4) The appellate jurisdiction of the SC may not be increased by law without its advice and concurrence
5) Appointees to the judiciary are now nominated by the JBC and no longer subject to confirmation by the Commission
on Appointments
6) The SC now has administrative supervision over all lower courts and their personnel
7) The SC has exclusive power to discipline judges of lower courts
8) The members of the SC and all lower courts have security of tenure, which cannot be undermined by law
reorganizing the judiciary
9) They shall not be designated to any agency performing quasi-judicial or administrative functions
10) The salaries of judges may not be reduced during their continuance in office
11) The judiciary shall enjoy fiscal autonomy
12) The SC alone may initiate rules of court
13) Only SC may order the temporary detail of judges
14) The SC can appoint all officials and employees of the judiciary
Judicial Power – includes the duty of the courts of justice to settle actual controversies involving rights which are legally
demandable and enforceable, and to determine whether or not there has been grave abuse of discretion amounting to lack
or excess of jurisdiction on the part of any branch or instrumentality of the Government
- Lower courts refer to Court of Appeals, the RTC, Metropolitan trial courts, Municipal trial courts, and the Municipal
circuit trial courts. Not included in the reorganization were the Court of Tax Appeals although it is also a court of
justice and the special statutory court known as the Sandiganbayan, as well as the Sharia courts for the Muslims
Jurisdiction – defined as the authority by which courts take cognizance of and decide cases, the legal right by which judges
exercise their authority
Appointments: Section 9: The Members of the SC and judges of the lower courts shall be appointed by the President from
a list of at least 3 nominees prepared by the JBC for every vacancy. Such appointments need no confirmation. For lower
courts, the President shall issue the appointments within 90 days from the submission of the list
Qualifications:
• Person of proven competence, integrity, probity and independence
• Natural-born citizen of the PH
• At least 40 years of age and must have been 15 years or more a judge of a lower court or engaged in the practice
of law in the PH
Section 7(2) The Congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge
thereof unless he is a citizen of the PH and a member of the Philippine Bar
Judicial and Bar Council (JBC) – screens appointments for judicial office. Section 8(1) A JBC is hereby created under the
supervision of the SC composed of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a representative of
the Congress as ex officio Members, a representative of the Integrated Bar, a professor of law, a retired Member of the SC,
and a representative of the private sector
2) The regular members of the Council shall be appointed by the President for a term of 4 years with the consent of
the Commission on Appointments. Of the members first appointed, the representative of the Integrated Bar shall
serve for 4 years, professor of law for 3 years, the retired Justice for 2 years, and the representative of the private
sector for 1 year
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3) The Clerk of the SC shall be the Secretary ex officio of the Council and shall keep a record of its proceedings
4) The regular Members of the Council shall receive such emoluments as may be determined by the SC. The SC shall
provide in its annual budget the appropriations for the Council
5) The Council shall have the principal function of recommending appointees to the Judiciary. It may exercise such
other functions and duties as the Supreme Court may assign to it
- Judges may not be appointed in an acting or temporary capacity as this would undermine the independence of the
judiciary, temporary appointments being essentially revocable at will
Fiscal Autonomy: Section 3: The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be reduced
by the legislature below the amount appropriated for the previous year, and after approval, shall be automatically and
regularly released
- Entitles it to levy, assess and collect fees
Composition – Section 4(1): The SC shall be composed of a CJ and 14 Associate Justices. It may sit en banc or in its discretion,
in divisions of 3, 5, or 7 members. Any vacancy in the Court must be filled within 90 days from its occurrence
1) En Banc Cases – all cases involving the constitutionality of a treaty, international or executive agreement or law,
which shall be heard by the SC en banc, and all other cases under which the Rules of Court are required to be heard
en banc, including those involving the constitutionality, application or operation of presidential decrees,
proclamations, orders, instructions, ordinances and other regulations, shall be decided with the concurrence of a
majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon
2) Division Cases – cases or matters heard by a division shall be decided or resolved with the concurrence of a majority
of the Members who actually took part in the deliberations on the issues in the case and voted thereon, and in no
case, without the concurrence of at least 3 of such Members. When the required number is not obtained, the case
shall be decided en banc: Provided: that no doctrine or principle of law laid down by the court in a decision rendered
en banc of in division may be modified or reversed except by the Court sitting en banc
Requisites of Judicial Inquiry:
1) There must be an actual case or controversy – Actual case – involves a conflict of legal rights, an assertion of opposite
legal claims susceptible of judicial resolution. There must be a contrariety of legal rights that can be interpreted and
enforced on the basis of existing law and jurisprudence
- Controversy – difference or dispute of a hypothetical or abstract character or from one that is academic or moot.
The controversy must be definite and concrete, touching legal relations of parties having adverse legal interests. It
must be a real and substantive controversy admitting of specific relief through a decree that is conclusive in
character, as distinguished from an opinion advising what the law would be upon a hypothetical state of facts
- Cases will be considered moot and academic if: a) there is a grave violation of the Constitution; b) the exceptional
character of the situation and the paramount public interest is involved; c) when the constitutional issue raised
requires the formulation of controlling principles to guide the bench, the bar, and the public; and d) the case is
capable of repetition yet evading review
- Doctrine of Capable Repetition yet Evading Review
2) The question of constitutionality must be raised by the proper party – one who has sustained or is in immediate danger
of sustaining an injury as a result of the act complained of. Locus standi – mere procedural technicality, has been
defined as a personal and substantial interest in a case such that the party has sustained or will sustain a direct injury
as a result of the governmental act that is being challenged
- Quo Warranto – private person suing must show a clear right to the contested office. In fact, not even a mere
preferential right to be appointed thereto can lend a modicum of legal ground to proceed with the action
- On the ground of transcendental importance: 1) the character of the funds (that is public) or other assets involved
in the case; 2) the presence of a clear case of disregard of a constitutional or statutory prohibition by the public
respondent agency or instrumentality of the government; 3) lack of any party with a more direct and specific
interest in raising the questions being raised
- Citizen can raise a constitutional question only when: 1) he can show that he has personally suffered some actual
or threatened injury because of the allegedly illegal conduct of the government; 2) injury is fairly traceable to the
challenged action and 3) a favorable action will likely redress the injury
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3) The constitutional question must be raised at the earliest possible opportunity – such that if not raised in the pleadings,
it cannot be considered at the trial, and if not considered at the trial, it cannot be considered on appeal
- Exceptions: 1) in criminal cases, the constitutional question can be raised at any time in the discretion of the court;
2) in civil cases, the constitutional question can be raised at any stage if it is necessary to the determination of the
case itself; 3) in every case, except where there is estoppel, the constitutional question may be raised at any stage
if it involves the jurisdiction of the court
4) The decision of the constitutional question must be necessary to the determination of the case itself – the theory is
that, as the joint act of the legislative and executive authorities, a law is supposed to have been carefully studied and
determined to be constitutional before it was finally enacted (to doubt is to sustain)
Effects of a Declaration of Unconstitutionality:
1) An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no
office; it is, in legal contemplation, inoperative, as if it had been passed
2) Under this view, the court in passing upon the question of constitutionality does not annul or repeal the statute if its
finds it in conflict with the Constitution. It simply refuses to recognize it and determines the rights of the parties just
as if statute had no existence. It does not strike the statute from the statute books; it does not repeal, supersede,
revoke, or annul the statute
Partial Unconstitutionality – valid only if two conditions concur to wit: 1) that the legislature is willing to retain the valid
portions even if the rest of the statute is declared illegal; and 2) that the valid portions can stand independently as a separate
statute
Powers of the Supreme Court:
1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers, and consuls, and over petitions
for certiorari, prohibition, mandamus, quo warranto, and habeas corpus
- Quo Warranto – is an action for usurpation of office or against a public officer who does or suffers an act which, by
the provision of law, constitutes a ground for the forfeiture of his office or against an association which acts as
corporation within the PH without being legally incorporated or without lawful authority to so act
2) Appellate Jurisdiction: (2) Review, revise, reverse, modify or affirm on appeal or certiorari as the law or the Rules of
Court may provide, final judgments and orders of lower courts in
a) All cases in which the constitutionality or validity of any treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction, ordinance, or regulation is in question
b) All cases involving the legality of any tax, impost, assessment or toll, or any penalty imposed in relations thereto
c) All cases in which the jurisdiction of any lower court is in issue
d) All criminal cases in which the penalty imposed is reclusion perpetua or higher
e) All cases in which only an error or question of law is involved
3) Temporary Assignment of Judges – assign temporarily judges of lower courts to other stations as public interest may
require Such temporary assignment shall not exceed 6 months without the consent of the judge concerned. Temporary
assignments may be justified to arrange for judges with clogged dockets to be assisted by their less busy colleagues,
or to provide for the replacement of the regular judge, who may not be expected to be impartial in the decision of
particular cases
4) Change of Venue or Place of Trial – order a change of venue or place of trial to avoid a miscarriage of justice
5) Rule-Making Power – promulgate rules concerning the protection and enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission to the practice of law, the Integrated bar, and legal assistance to
the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases,
shall be uniform for all courts of the same grade, and shall not diminish, increase or modify substantive rights. Rules of
procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the SC
- Limitations: 1) the rules must be uniform for all courts of the same grade; the rules must not diminish, increase or
modify substantive rights
6) Appointment of Court Personnel – appoint all officials and employees of the Judiciary in accordance with the Civil
Service Law
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7) Administrative Supervision of Courts – the SC shall have administrative supervision over all courts and the personnel
thereof – SC can oversee the judges’ and court personnel’s compliance with all laws, and take the proper administrative
action against them if they commit any violation thereof (regardless whether the offense was committed before or
after employment in the judiciary)
- Entitled SC to regulate the travels of judges of lower courts and court personnel, which incidentally may be held
accountable for their misconduct, regardless of whether or not their actions are work-related, such as non-payment
of debts, for which they can be disciplined or even dismissed
Tenure of Judges: Section 11: The Members of the SC and judges of lower courts (includes justices of the Sandiganbayan)
shall hold office during good behavior until they reach the age of 70 years or become incapacitated to discharge the duties
of their office. The SC en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote
of a majority of the Members who actually took part in the deliberation on the issues in the case and voted thereon
Consultations of the Court: Section 13: The conclusions of the SC in any case submitted to it for decision en banc or in
division shall be reached in consultation before the case is assigned to a member for the writing of the opinion of the Court.
A certification to this effect signed by the CJ shall be issued and a copy thereof attached to the record of the case and served
upon the parties. Any Member who took no part, or dissented, or abstained from a decision or resolution must state the
reason therefor. The same requirements shall be observed by all lower collegiate courts
Decisions of the Court: Section 14: No decision shall be rendered by any court without expressing therein clearly and
distinctly the facts and the law on which it is based. No petition for review or MR of a decision of the court shall be refused
due course or denied without stating the legal basis therefor
- Res Judicata – a final judgment or decree on the merits by a court of competent jurisdiction is conclusive of the
rights of the parties or their privies in all later suits on all points and matters determined in the former suit
- Principle of Conclusiveness of Judgement – when a right or fact has been judicially tried and determined by a court
of competent jurisdiction, or when an opportunity for such trial has been given, the judgment of the court, as long
as it remains unreversed, should be conclusive upon the parties and those in privity with them. Stated differently,
conclusiveness of judgment bars the re-litigation in a second case of a fact or question already settled in a previous
case
- Law of Case Doctrine – applies in a situation where an appellate court has made a ruling on question on appeal and
thereafter remands the case to the lower court for further proceedings; the question settled by the appellate court
becomes the law of the case at the lower court and in any subsequent appeal
- Doctrine of Stare Decisis et Non Quieta Movere – to adhere to precedents, and not to unsettle things which are
established. It is based on the principle that once a question of law has been examined and decided, it should be
deemed settled and closed to further argument
- Doctrine of Finality of Judgment/ Immutability of Judgment – once a judgment has become final and executory, it
may no longer be modified in any respect, even if the modification is meant to correct an erroneous conclusion of
fact or law, and regardless whether the modification is attempted to be made by the court rendering it or by the
highest court of the land, as what remains to be done is purely ministerial enforcement or execution of judgment.
2 fold purpose: a) avoid delay in the administration of justice; and b) to put an end to judicial controversies, at the
risk of occasional errors, which is why courts exist
• Exceptions: 1) correction of clerical errors; 2) so called nunc pro tunc entries which cause no prejudice to any
party (omitted through inadvertence or mistake); 3) void judgments; and 4) whenever circumstances transpire
after the finality of the decision that render its execution unjust and inequitable
• Oher recognized exceptions: 1) the existence of special or compelling circumstances; 2) merits of the case; 3)
cause not entirely attributable to the fault or negligence of the party favored by the suspension of the rules; 4)
lack of any showing that review sought is merely frivolous and dilatory; and 5) the other party will not be
unjustly prejudiced thereby
Salaries of Judges: Section 10: The salary of the CJ and the Associate Justices of the SC and of judges of lower courts shall
be fixed by law. During their continuance in office, their salary shall not be decreased
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Periods of Decision: Section 15 (1) All matters filed after the effectivity of this Constitution must be decided or resolved
within 24 months from the date of submission for the SC, and unless reduced by the SC, 12 months for all lower collegiate
courts, and 3 months for all other lower courts (including Sandiganbayan)
2) A case shall be deemed submitted for decision or resolution upon the filing of the last pleading, brief or
memorandum by the Rules of Court or by the court itself
3) Upon the expiration of the corresponding period, a certification to this effect signed by the CJ or the presiding judge
shall forthwith be issued and a copy thereof attached to the record of the case or matter, served upon the parties.
The certification shall state why a decision or resolution has not been rendered or issued within said period
4) Despite the expiration of the applicable mandatory period, the court, without prejudice to such responsibility as
may have been incurred in consequence therefor, shall decide or resolve the case or matter submitted thereto for
determination without further delay
Annual Report: Section 16: The SC, shall within 30 days from the opening of each regular session of the Congress, submit to
the President and the Congress an annual report on the operations and activities of the Judiciary – intended to improve the
administration of justice and strengthen the independence of the judiciary
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Constitutional Commission: Civil Service Commission (CSC), Commission on Elections (COMELEC), Commission on Audit
(CoA) has the following guarantees under the new Constitution:
1) These bodies are created by the Constitution itself and may not be abolished by statute
2) Each of them is expressly described in the Constitution as “independent”
3) Each of them is conferred with certain powers and functions which cannot be withdrawn or reduced by statute
4) The Chairmen and members of all these Commission may not be removed from office except by impeachment
5) The Chairmen and members of all these Commissions are given the fairly long term of 7 years
6) The terms of office of the Chairmen and members of all of these Commissions are staggered in such a way as to
lessen the opportunity for appointment of the majority of the body by the same President
7) The Chairmen and members of all these Commissions may not be reappointed or appointed in an acting capacity
8) The salaries of the Chairmen and members of all these Commissions are relatively high and may not be decreased
during their continuance in office
9) The Commission all enjoy fiscal autonomy
10) Each Commission may promulgate its own procedural rules
11) The Chairmen and members of all of these Commissions are subject to certain disqualifications and inhibitions
calculated to strengthen their integrity
12) Finally, the Constitutional Commission are allowed to appoint their own officials and employees in accordance with
the Civil Service Law
Salaries: may not be decreased during the incumbent’s continuance in office
Disqualifications: Section 2: No Member of a ConCom shall, during his tenure, hold any other office or employment. Neither
shall he engage in the practice of any profession or in the active management or control of any business which in any way
be affected by the functions of his office, nor shall he be financially interested, directly or indirectly, in any contract with,
or in any franchise or privilege granted by, the Government, any of its subdivisions, agencies or instrumentalities, including
GOCCs or their subsidiaries
Staggering of Terms – original appointees were to be given terms of 3, 5, and 7 years respectively so that a vacancy was
supposed to occur every 2 years and to be filled by subsequent appointees who would serve the full term of 7 years. The
object is to minimize the opportunity of the President to appoint during his own term more than one member or group of
members in the ConCom, and thereby bind he majority thereof to a debt of gratitude and loyalty to him that might impair
their independence
Requisites of Rotational Scheme:
1) The original members of the Commissions shall begin their terms on a common date
2) Any vacancy occurring before the expiration of the term shall be filled only for the balance of such term
Reappointment: a member of COMELEC could no longer be reappointed because of the express prohibition in the
Constitution
Other Perquisites:
1) Section 5: The Commission shall enjoy fiscal autonomy. Their approved annual appropriations shall be automatically
and regularly released
2) Section 6: Each Commission en banc may promulgate its own rules concerning pleadings and practice before it or
before any of its offices. Such rules however, shall not diminish, increase or modify substantive rights
Proceedings: Section 7: Each Commission shall decide by a majority vote of all its Members any case or matter brought
before it within 60 days from the date of its submission for decision or resolution. A case or matter is deemed submitted
for decision or resolution upon the filing of the last pleading, brief or memorandum required by the rules of the Commission
or by the Commission itself. Unless otherwise provided by this Constitution or by law, any decision, order, or ruling of each
Commission may be brought to the SC on certiorari by the aggrieved party within 30 days from receipt of a copy thereof
- CoA and COMELEC certiorari under Rule 64 of the Rules of Court; CSC under Rule 43 of the Rules of Court
Civil Service Commission – a non-partisan instrument for the development of an efficient and honest civil service
Section 1 (1): The Civil Service shall be administered by the CSC composed of a Chairman and 2 Commissioners who shall
be natural-born citizens of the Philippines, and at the time of their appointment, at least 35 years of age, with proven
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capacity for public administration, and must not have been candidates for any elective position in the elections immediately
preceding their appointment
(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on
Appointments for a term of 7 years without reappointment. Of those first appointed, the Chairman shall hold office for 7
years, a Commissioner for 5 years, and another Commissioner for 3 year without reappointment. Appointment to any
vacancy shall only be for the unexpired term of the predecessor. In no case shall any Member be appointed or designated
in a temporary or acting capacity
Scope: CSC embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including GOCC or
controlled corporations with original charters (SSS)
- Government-owned or controlled corporation (GOCC) – refers to any agency organized as a stock or non-stock
corporation, vested with functions relating to public needs whether governmental or proprietary in nature and
owned by the Government of the Republic of PH directly or through its instrumentalities either wholly, or where
applicable, as in the case of stock corporation, to the extent of at least a majority of its outstanding capital stock. It
includes Government instrumentalities with Corporate Powers (GICPs) and Government Corporate Entities (GCEs),
which are instrumentalities or agencies of the government which are neither corporations nor agencies of the
government which are neither corporations nor agencies integrated within the departmental framework, but
vested by law with special functions or jurisdiction, endowed with some if not all corporate powers, administering
special funds, and enjoying operational autonomy usually through a charter, and Government Financial Institutions
(GFIs), which refer to financial institutions or corporations in which the government directly or indirectly owns
majority of the capital stock and which are either 1) registered with or directly supervised by the BSP, or 2) collecting
or transacting funds or contributions from the public and places them in financial instruments or assets such as
deposits, loans, bonds and equity
- GICPs: Manila International Airport Authority, Philippine Ports Authority, Philippine Deposit insurance Corporation,
Metropolitan Waterworks and Sewerage system, Laguna Lake Development Authority, Philippine Fisheries
Development Authority, Bases Conversion and Development Authority, Cebu Port Authority, Cagayan de Oro Port
Authority, San Fernando Port Authority, University of the Philippines, Boy Scouts of the PH, and the Asian
Productivity Organization
- GFIs: GSIS and SSS
Career Service: 1) entrance based on merits and fitness to be determined as far as practicable by competitive examinations
or based on highly technical qualifications; 2) opportunity for advancement to higher career positions; and 3) security of
tenure. The career service includes:
1) Open career positions for appointment to which prior qualification in an appropriate examination is required
2) Closed career positions which are scientific or highly technical in nature; these include the faculty and academic
staff of state colleges and universities, and scientific and technical position in scientific or research institutions
which shall establish and maintain their own merit systems
3) Positions in the Career Executive Service, namely, Undersecretary, Assistant Secretary, Bureau Director, Assistant
Bureau Director, Regional Director, Assistant Regional Director, Chief of Department Service and other officers of
equivalent rank as may be identified by the Career Executive Service Board, all of whom are appointed by the
President
4) Career officers, other than those in the Career Executive Service, who are appointed by the President, such as the
Foreign Service Officers in the DFA
5) Commissioned officers and enlisted men of the Armed Forces, which shall maintain a separate merit system
6) Personnel of GOCCs, whether performing governmental or proprietary functions, who do not fall under the non-
career service
7) Permanent laborers, whether skilled, semi-skilled or unskilled
Non-Career Service – characterized by 1) entrance on bases other than those of the usual tests of merit and fitness utilized
for the career service; and 2) tenure which is limited to a period specified by law, or which is coterminous with that of the
appointing authority or subject to his pleasure, or which is limited to the duration of a particular project for which purpose
employment was made. It includes:
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1) Elective officials and their personal or confidential staff

2) Department heads and other officials of Cabinet rank who hold positions at the pleasure of the President and their
personal or confidential staff
3) Chairmen and members of commissions and boards with fixed terms of office and their personal or confidential
staff
4) Contractual personnel or those whose employment in the government is in accordance with a special contract to
undertake a specific work or job requiring special or technical skills not available in the employing agency, to be
accomplished within a specific period, which in no case shall exceed 1 year, and perform or accomplish the specific
work or job, under their own responsibility with a minimum of direction and supervision from the hiring agency
5) Emergency and seasonal personnel
Appointments – may either be permanent or temporary
a) Permanent appointment – shall be issued to a person who meets all the requirements for the position to which he
is being appointed, including the appropriate eligibility prescribed, in accordance with the provisions of laws, rules
and standards promulgated in pursuance thereof
b) Temporary appointment – issued to a person who meets all the requirements for the position to which he is being
appointed except the appropriate civil service eligibility: Provided, that such temporary appointment shall not
exceed 12 months, but the appointee may be replaced sooner if a qualified civil service eligible becomes available.
They do not have a definite term and may be withdrawn or discontinued, with or without cause, by the appointing
power
Exceptions: from the competitive examinations are the policy-determining, primarily confidential and highly technical
positions. A “policy-determining position” is one charged with the laying down of principal or fundamental guidelines or
rules, such as that of a head of a department. “Primarily confidential position” is one denoting not only confidence in the
aptitude of the appointee for the duties of the office, but primarily close intimacy which ensures freedom of intercourse
without embarrassment or freedom from misgivings or betrayals of personal trust on confidential matters of state, ex. chief
legal counsel of the PNB or city legal officer. “Highly technical position” requires the appointee thereto to possess technical
skill or training in the supreme or superior degree
Security of Tenure: No officer or employee of the Civil Service shall be suspended or dismissed except for cause as provided
by law (Administrative Code of 1987)
Partisan Political Activity: No officer or employee in the Civil Service shall engage directly or indirectly in any electioneering
or partisan political campaign
- Members of the armed forces are subject to the prohibition against engaging in partisan political activity
considering the physical strength of the military organization (not applicable to the reservists)
Self-Organization: they can form a union but not engage in strike, walkouts, mass protest or demonstration
Casual Employees: may be laid-off anytime before the expiration of the employment period provided any of the following
occurs: 1) when their services are no longer needed; 2) funds are no longer available; 3) the project has already been
completed/ finished; or 4) their performance are (sic) below par
Objectives of the Civil Service: Section 3: The CSC, as the central personnel agency of the Government, shall establish a
career service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy
in the civil service. It shall strengthen the merit and rewards system, integrate all HRD programs for all levels and ranks, and
institutionalize a management climate conducive to public accountability. It shall submit to the President and the Congress
an annual report on its programs
Oath: All public officials and employees, including members of the armed forces, took an oath to support and defend it,
conformably to Section 4, Art. IX-B and Section 5(1) of Art. XVI
Disqualifications: No elective official shall be eligible for appointment or designation in any capacity to any public office or
position during his tenure. The purpose is to require him to devote his full attention and time to his basic work instead of
permitting him to dilute his efficiency in several positions being discharged by him, for which hey may even be allowed to
collect extra compensation
- LGC provides that this prohibition does not apply to losing candidates in barangay elections
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Standardization of Compensation: One of the priority measures that the Congress is required to enact is the standardization
of compensation of government functionaries as a solution to one of the basic causes of discontent of many civil servants.
Because of lack of such system, there are many deserving civil servants who receive lower salaries than their less competent
colleagues, either because the latter enjoy political partiality or are employed in the more affluent offices that can afford a
higher rate of compensation – results to demoralization in the civil service
Double Compensation: has dual purpose: 1) to inform people of the exact amount a public functionary is receiving from the
government so they can demand commensurate services; and 2) to prevent the public functionary from dividing his time
among the several positions concurrently held by him and ineptly performing his duties in all of them because he cannot
devote to each the proper attention it deserves
Commission on Elections (COMELEC) – more effective instrument in maintaining the secrecy and sanctity of the ballot as
the concrete expression of the will of the sovereign people
Composition and Qualifications: Section 1(1): There shall be COMELEC composed of a Chairman and 6 Commissioners who
shall be natural-born citizens of the Philippines and, at the time of their appointment, at least 35 years of age, holders of a
college degree, and must not have been candidates for any elective position in the immediately preceding elections.
However, a majority thereof, including the Chairman shall be members of the Philippines bar who have been engaged in
the practice of law for at least 10 years
Appointments for a term of 7 years without reappointment
Powers and Functions:
1) Enforcement of Election Laws – enforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum and recall
- Can require compliance with the rules for the filing of certificates of candidacy, prevent or prosecute election
offenses, supervise the registration of voters and the holding of the polls, and see to it that the canvass of the votes
and the proclamation of the winners are done in accordance with law
- Such authority includes power to annul an illegal registry of voters, to cancel a proclamation made by the board of
canvassers on the basis of an irregular or incomplete canvass, and even to oust the candidate proclaimed
notwithstanding that he has already assumed office
- May reject nuisance candidate, refuse to give due course to or cancel certificates of candidacy or even disqualify
candidates
- Under Omnibus Election Code, a candidate may be disqualified if he commits any of the election offenses or
“prohibited acts” specified therein, or if he is a permanent resident or an immigrant to a foreign country. On the
other hand, under Section 78 of the same law, a certificate of candidacy may be denied due course or cancelled if
found to be containing material representations which are false and deliberately made
- Section 12: Any person who has been declared by competent authority insane or incompetent, or has been
sentenced by final judgment for subversion, insurrection, rebellion or for any offense for which he has been
sentenced to a penalty of more than 18 months or for a crime involving moral turpitude, shall be disqualified to be
a candidate and to hold any office, unless he has been given plenary pardon or granted amnesty
- A petition for disqualification under Section 68 may be filed at any time after the last day for filing of the certificates
of candidacy but not later than the candidate’s proclamation should he win in the elections, while a petition to deny
due course to or cancel a certificate of candidacy under Section 78 must be filed at any time not later than 25 days
from the filing of the certificate of candidacy
- A candidate disqualified under Section 68 may be validly substituted but only by an official candidate of his
registered or accredited party. Substitutions in case of death or disqualification may usually be made available until
midday of election day – name of the substitute should, as much as possible, bear the same surname as that of the
substituted candidate (Section 12 of RA 9006). Section 8 of RA 7941 lists 3 instances when a substitution may be
made:
1) When the nominee dies
2) When the nominee withdraws his nomination in writing
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3) When becomes permanently incapacitated to continue as such

- Section 243 enumerates the issues which can be raised in a pre-proclamation controversy:
a) Illegal composition or proceedings of the board of canvassers
b) Canvassed election returns are incomplete, contain material defects, appear to be tampered with or falsified,
or contain discrepancies in the same returns or in other authentic copies thereof as mentioned in Sections 233,
234, 235 and 236 of the Omnibus Election Code
c) Election returns were prepared under duress, threats, coercion, or intimidation, or they are obviously
manufactured or not authentic
d) When substitute or fraudulent returns in controverted polling places were canvassed, the results of which
materially affected the standing of the aggrieved candidate or candidates
- Grounds for Election Protest:
a) Abduction of a voter
b) Killing of a political leader
c) Threats which prevented the holding of the campaign sorties
d) Intimidation of voters, or of terrorism
e) Massive vote-buying and bribery
- The only time that a second placer is allowed to take the place of a disqualified winning candidate is when 2
requisites concur: 1) the candidate who obtained the highest number of votes is disqualified; and 2) the electorate
was fully aware in fact and in law of that candidate’s disqualification as to bring such awareness within the realm
of notoriety but the electorate still cast the plurality of the votes in favor of the ineligible candidate
- If a certificate of candidacy void ab initio is cancelled one day or more before and after the elections, all votes for
such candidate should be considered stray votes
- To declare a failure of election because of terrorism that attended the counting of the votes and the preparation
of the election returns and to call another election. COMELECT can grant a verified petition for failure of election
with the concurrence of 2 conditions: 1) no voting has taken place in the precincts concerned on the date fixed by
law or even if there was voting, the election nevertheless resulted in a failure to elect; and 2) the votes cast would
affect the result of the election
- Under Section 265, the COMELEC, through its duly authorized legal officers, has the exclusive power to conduct a
preliminary investigation of all election offenses punishable under the Omnibus Election Code
2) Decision on Election Contests: (2) Exercise exclusive original jurisdiction over all contests relating to the elections,
returns and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests
involving elective municipal officials decided by trial courts of general jurisdiction or involving elective barangay officials
decided by trial courts of limited jurisdiction
3) Decision of Administrative Questions: (3) Decide, except those involving the right to vote, all questions affecting
elections, including determination of the number and location of polling places, appointment of election officials and
inspectors, and registration of voters
4) Deputization of Law-Enforcement Agencies: (4) Deputize, with the concurrence of the President, law-enforcement
agencies and instrumentalities of the Government, including the AFP, for the exclusive purpose of ensuring free,
orderly, honest, peaceful and credible elections (cannot exercise direct disciplinary authority over them)
5) Registration of Political Parties: (5) Register, after sufficient publication, political parties, organizations, or coalitions
which, in addition to other requirements, must present their platform or program of government; and accredit citizens’
arms of the COMELEC. Religious denominations and sects shall not be registered. Those which seek to achieve their
goals through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or which are supported
by any foreign government shall likewise be refused registration
- Political Party – refers to an organized group of citizens advocating an ideology or platform, principles and policies
for the general conduct of the government
- Sectoral Party – refers to an organized group of citizens belonging to any of the sectors enumerated in Section 5
hereof whose principal advocacy pertains to the special interest and concerns of their sector
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- Cancellation – takes place after the fact of registration when an inquiry is done by the COMELEC, motu propio or
upon verified complaint, on whether registered party-list organization still holds the qualifications imposed by law
- Refusal – handed down to a petition for registration while cancelation is decreed on the registration itself after the
petition has been approved
Requirements for Valid Cancellation of Party-List Group:
1) Due notice and hearing is afforded to the party-list group concerned
2) Any of the enumerated grounds for disqualification in Section 6 exists
6) Improvement of Elections: (7) Recommend to the Congress effective measures to minimize election spending,
including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of
election frauds, offenses, malpractices and nuisance candidacies
(9) Submit to the President and the Congress a comprehensive report on the conduct of each election, plebiscite,
initiative, referendum or recall
Election Period: Section 9: Unless otherwise fixed by the Commission in special cases, the election period shall commence
90 days before the day of election and shall end 30 days thereafter
- Election period is distinguished from the campaign period in that the latter cannot extend beyond the election day,
and in fact, under present law, ends 2 days before the election
Party System: (6) A free and open party system shall be allowed to evolve according to the free choice of the people, subject
to the provisions of this Article
(7) No votes cast in favor of a political party, organization or coalition shall be valid, except for those registered under the
party-list system as provided in this Constitution
(8) Political parties or organizations or coalitions registered under the party-list system, shall not be represented in the
voter’s registration boards, boards of election inspectors, boards of canvassers or other similar bodies. However, they shall
be entitled to appoint poll watchers in accordance with law
Funds: (11) Funds certified by the Commission as necessary to defray the expenses for holding regular and special elections,
plebiscites, initiatives, referenda, and recalls, shall be provided in the regular or special appropriations and, once approved,
shall be released automatically upon certification by the Chairman of the Commission
Judicial Review – in the absent of grave abuse of discretion on COMELEC’s part, the Court should refrain from utilizing the
corrective hand of certiorari to review, let alone nullify, the acts of that body
- Certiorari – implies an indifferent disregard of the law, arbitrariness and caprice, an omission to weigh pertinent
consideration, a decision arrived at without rational deliberation
Commission on Audit – watchdog of the financial operations of the government (replaces General Auditing Office)
Composition and Qualifications: Section 1: There shall be a CoA composed of a Chairman and 2 Commissioners, who shall
be natural-born citizens of the Philippines, and at the time of their appointment, at least 35 years of age, certified public
accountants with not less than 10 years of auditing experience, or members of the Philippine Bar who have been engaged
in the practice of law for at least 10 years, and must not have been candidates for any elective position in the elections
immediately preceding their appointment. At no time shall all Members of the Commission belong to the same profession
Appointments for a term of 7 years without reappointment. Of those first appointed, the Chairman shall hold office for 7
years, and the other Commissioner for 3 years without reappointment. Appointment to any vacancy shall be only for the
unexpired portion of the term of the predecessor. In no case shall any Member be appointed or designated in a temporary
or acting capacity
Powers and Functions: Section 2(1): The CoA shall have the power, authority, and duty to examine, audit, and settle all
accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property, owned or held in trust
by or pertaining to, the government, or any of its subdivisions, agencies, or instrumentalities, including government-owned
and controlled corporations with original charters and on a post-audit basis: (a) constitutional bodies, commissions and
offices that have been granted fiscal autonomy under this Constitution; (b) autonomous state colleges and universities; (c)
other government-owned or controlled corporations and their subsidiaries; and (d) such non-governmental entities
receiving subsidy or equity, directly or indirectly, from or through the Government, which are required by law or the granting
CMG 37 | P a g e
institution to submit to such audit as a condition of subsidy or equity. However, where the internal control system of the
audited agencies is inadequate, the Commission may adopt such measures, including temporary or special pre-audit, as are
necessary and appropriate to correct the deficiencies. It shall keep the general accounts of the Government and, for such
period as may be provided by law, preserve the vouchers and other supporting papers pertaining thereto
(2) The Commission shall have exclusive authority, subject to the limitations in this Article, to define the scope of audit and
examination, establish the techniques and methods required therefor, and promulgate accounting and auditing rules and
regulations, including those for the prevention and disallowance of irregular, unnecessary, excessive, extravagant, or
unconscionable expenditures, or uses of government funds and properties
Public Funds – are derived mainly from taxes, fines and loans contracted by the government. All collections are required to
be turned over to the national treasury and accounted for in accordance with law and regulations
- Once these funds are deposited with the Treasury, they cannot be released therefrom except in pursuance of an
appropriation made by law
- To secure the release of funds from the Treasury, a warrant must be drawn by the proper administrative official
and countersigned by the CoA
- Also considered discretionary is the duty of the CoA to issue a certificate of clearance to any accountable officer
seeking to leave the PH
CoA continues to be empowered to promulgate accounting and auditing rules and regulations, including those for the
prevention of irregular, unnecessary, excessive, extravagant or unconscionable expenditures or uses of public funds and
property
- Where expenditures are urgently needed and delay is likely to defeat the purposes of the body or result in prejudice
to its operations, special measures are allowed to be taken by the CoA to adapt the problem
It has been ruled that the dismissal of criminal charges against an individual with respect to his handling of government
funds or properties would not necessarily preclude the CoA from still holding him liable for the same transaction
- Moreover, it has likewise been rules that directors in GOCC may be held personally and solidarily liable for said
disallowances, and may not invoke the doctrine of separate corporate personality to ward off said responsibility
Decisions or rulings of the CoA may be reviewed by SC under rule 64 of the Rules of Court within 30 days from receipt of a
copy of the same
Prohibited Exemptions: Section 3: No law shall be passed exempting any entity of the Government or its subsidiary in any
guise whatever, or any investment of public funds, from the jurisdiction of the CoA
Report: Section 4: The Commission shall submit to the President and the Congress, within the time fixed by law, an annual
report covering the financial condition and operation of the Government, its subdivisions, agencies, and instrumentalities,
including government-owned or controlled corporations, and non-governmental entities subject to its audit and
recommend measures necessary to improve their effectiveness and efficiency. It shall submit such other reports as may be
required by law
- The authority of CoA to recommend measures to improve efficiency and effectiveness of the government
empowers it “to conduct the so-called performance audit which consists of the analytical and critical review,
assessment and evaluation of the activities, management and fiscal operations of the Government in order to
reduce operational costs and losses and promote greater economy and administrative efficiency in public
expenditures. This is a modern concept of auditing that goes beyond the mere examination of receipts and
expenditures as it extends to the evaluation of the application of funds, to the analysis of expenditures as well as
to cost benefit studies
Accountability of Public Officers – public officers and employees must at all times be accountable to the people, serve them
with utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice, and lead modest lives
- In disciplining public officers and employees, the object sought is not the punishment of the officer or employee
but the improvement of the public service and the preservation of the public’s faith and confidence in our gov’t
Impeachment – a method of national inquest into the conduct of public men. It is a formal process whereby an official is
charged and tried, and if convicted, removed from office, the SC has referred to it as the “power of Congress to remove a
public official for serious crimes or misconduct as provided in the Constitution”
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- Corwin describes it as “the most formidable weapon in the arsenal of democracy”

- Impeachable Officers: President, Vice-President, members of the SC, members of the Constitutional Commission,
and the Ombudsman – exclusive and may not be increased or reduced by legislative enactment
- Grounds for Impeachment: 1) culpable violation of the Constitution; 2) treason; 3) bribery; 4) graft and corruption;
5) other high crimes; or 6) betrayal of public trust
- Impeachable officers who are members of the Bar cannot be disbarred without first being impeached. Neither may
a COMELEC Commissioner be charged with libel without first being impeached
Grounds for Impeachment:
1) Culpable violation of the Constitution – wrongful, intentional or willful disregard or flouting of the fundamental law.
The act must be deliberate and motivated by bad faith to constitute a ground for impeachment
2) Treason – committed by any person who, owing allegiance to the Government of PH, levies war against it or adheres
to its enemies, giving them aid and comfort
3) Bribery – committed by any public officer who shall agree to perform an act, whether or not constituting a crime, or
refrain from doing an act which he is officially required to do in connection with the performance of his official duties,
in consideration of any offer, promise, gift or present received by him personally or through the mediation of another,
or who shall accept gifts offered to him by reason of his office
4) Other high crimes – refer to those offenses “which, like treason and bribery, are of so serious and enormous nature as
to strike at the very life or the orderly workings of the government” (ambiguous – would probably exclude offenses as
rape and murder, which although serious, will not necessarily strike at the orderly workings of the government
5) Graft and Corruption – prohibited acts enumerated in the Anti-Graft and Corrupt Practices Act
6) Betrayal of Public Trust – catch-all to cover all manner of offenses unbecoming a public functionary but not punishable
by criminal statutes, like “inexcusable negligence of duty, tyrannical abuse of authority, breach of official duty by
malfeasance of misfeasance, cronyism, favoritism, obstruction of justice”
- Acts which are just short of being criminal but constitute gross faithlessness against public trust, tyrannical abuse
of power, inexcusable negligence of duty, favoritism, and gross exercise of discretionary powers
- Not intended to cover all kinds of official wrongdoing and plain errors of judgment
Impeachment Procedure: (1) The HoR shall have the exclusive power to initiate all cases of impeachment
(2) A verified complaint for impeachment may be filed by any member of the HoR or by any citizen upon a resolution or
endorsement by any Member thereof, which shall be included in the Order of Business within 10 session days, and referred
to the proper Committee within 3 session days thereafter. The Committee, after hearing, and by a majority vote of all its
Members, shall submit its report to the House within 60 session days from such referral together with the corresponding
resolution. The resolution shall be calendared for consideration by the House within 10 session days from receipt thereof
(3) A vote of at least 1/3 of all the Members of the House shall be necessary to affirm a favorable resolution with the Articles
of Impeachment of the Committee, or override its contrary resolution. The vote of each Member shall be recorded
(4) In case the verified complaint or resolution of impeachment is filed by at least 1/3 of all the Members of the House, the
same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed
(5) No impeachment proceedings shall be initiated against the same official more than once within a period of 1 year
(6) The Senate shall have the sole power to try and decide all cases of impeachment. When sitting for that purpose, the
Senators shall be on oath or affirmation. When the President of the PH is on trial, the CJ of SC shall preside, but shall not
vote. No person shall be convicted without the concurrence of 2/3 of all the Members of the Senate
(7) Judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold any
office under the Republic of PH, but the party convicted shall nevertheless be liable and subject to prosecution trial and
punishment according to law
(6) The Congress shall promulgate its rules on impeachment to effectively carry out the purpose of this section
- Multiple complaints may be considered so long as they would all be simultaneously referred or endorsed to the
proper Committee of the HoR and would lead to only one impeachment proceeding
- In a sense judicial, but it has not yet been decided if they are penal in character
- The judgment of conviction in the impeachment proceedings is also not subject to the pardoning power of the
President under Art. VII, Section 19 of the Constitution
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Sandiganbayan: Section 4: The present anti-graft court known as the Sandiganbayan shall continue to function and exercise
its jurisdiction as now or hereafter may be provided by law
- It shall exercise original jurisdiction in all cases involving violations of the Anti-Graft and Corrupt Practices Act, where
the accused are officials occupying positions, whether in a permanent, acting or interim capacity, to which the
salary grade 27 is assigned, including among others, regional directors, governors, vice-governors, and provincial
board members, city mayors, vice-mayors, city councilors, army and air force colonels or naval captains, high-
ranking officers of the PNP, prosecutors and their assistants, presidents, directors, trustees or managers of GOCC,
members of Congress and officials with SG27 and up, members of the judiciary, and the chairmen and members of
the Constitutional Commission, without prejudice to the Constitution
- May likewise exercise jurisdiction over other offenses or felonies, whether simple or complexed with other crimes,
where the penalty prescribed by law is higher the prision correctional or imprisonment for 6 years and in civil and
criminal cases filed pursuant to and in connection with EO Nos. 1, 2, 14, and 14-A issued in 1986
- Under Section 13 of RA 3019, Sandiganbayan shall place public officers facing criminal charges for violations of said
law under suspension pendente lite for not more than 90 days – preventive measure (if acquitted, the accused
official shall be entitled to reinstatement and to the salaries and benefits which he failed to receive during his
suspension
- Shall be appealable to the SC for petition for review on certiorari raising pure questions of law in accordance with
Rule 45 of the Rules of Court
- A private complainant in criminal case before the Sandiganbayan is allowed to appeal only the civil aspect of the
criminal case after its dismissal by said court
Ombudsman - protectors of the people and constitutionally mandated to act promptly on complaints filed in any form or
manner against public officials or employees of the Government Section 12, Art. XI
Composition: Section 5: There is hereby created the independent Office of the Ombudsman, composed of the Ombudsman
to be known as Tanodbayan, one overall Deputy, and at least one Deputy each for Luzon, Visayas, and Mindanao. A separate
Deputy for the military establishment may likewise be appointed
Qualifications and Appointment: Section 8: The Ombudsman and his Deputies shall be natural-born citizens of the PH, and
at the same time of their appointment, at least 40 years old, of recognized probity and independence, and members of the
PH Bar, and must not have been candidates for any elective office in the immediately preceding election. The Ombudsman
must have for 10 years or more been a judge or engaged in the practice of law in the PH
During their tenure, they shall be subject to the same disqualifications and prohibitions as provided for in Section 2, Art. IX-
A of this Constitution
Section 9: The Ombudsman and his Deputies shall be appointed by the President from a list of at least 6 nominees prepared
by the JBC, and from a list of 3 nominees for every vacancy thereafter. Such appointment shall require no confirmation. All
vacancies shall be filed within 3 months after they occur
Term: Section 11: The Ombudsman and his Deputies shall serve for a term of 7 years without reappointment. They shall not
be qualified to run for any office in the election immediately succeeding their cessation from office
Powers and Functions: ‘activist watchman’
Section 12: The Ombudsman and his Deputies, as protectors of the people, shall act promptly on complaints filed in any
form or manner against public officials or employees of the Government, or any subdivision, agency or instrumentality
thereof, including GOCC, and shall in appropriate cases, notify the complainants of the action taken and the result thereof
- May delegate the fact-finding aspect of this function to the NBI
Section 13: Office of the Ombudsman shall have the following powers, functions and duties:
1) Investigate on its own, or on complaint by any person, any act or commission of any public official, employee, office
or agency, when such act or omission appears to be illegal, unjust, improper or inefficient
2) Direct, upon complaint or as its own instance, any public official or employee of the Government, or any subdivision,
agency or instrumentality thereof, as well as of any GOCC with original charter, to perform and expedite any act or
duty required by law, or to stop, prevent and correct any abuse or impropriety in the performance of duties
3) Direct the officer concerned to take appropriate action against a public official or employee at fault, and
recommend his removal, suspension, demotion, fine, censure or prosecution and ensure compliance therewith
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4) Direct the officer concerned, in any appropriate case, and subject to such limitations as may be provided by law, to
furnish it with copies of documents relating to contracts or transactions entered into by his office involving the
disbursement or use of public funds or properties, and report any irregularity to the CoA for appropriate action
5) Request any government agency for assistance and information necessary in the discharge of its responsibilities,
and to examine, if necessary, pertinent records and documents
6) Publicize matters covered by its investigation when circumstances so warrant and with due prudence
7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in government and make
recommendation for their elimination and the observance of high standards of ethics and efficiency
8) Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be
provided by law
- Exercises both criminal and administrative jurisdiction
- Need not conduct a preliminary investigation upon receipt of a complaint
Section 14: The Office of the Ombudsman shall enjoy fiscal autonomy. Its approved annual appropriations shall be
automatically and regularly released
SC may interfere in their investigatory powers to afford protection to the constitutional rights of the accused: when
necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions; where there is a
prejudicial question; when the acts of the officer are without or in excess of authority; where the prosecution is under an
invalid law, ordinance or regulation; when double jeopardy is clearly apparent; where the court has no jurisdiction over the
offense; where it is a case of persecution rather than prosecution; and where the charges are manifestly false and motivated
by the lust for vengeance
- It is the Ombudsman who has the full discretion to determine whether or not a criminal case should be filed in the
Sandiganbayan, once the case has been filed with said court, it is the Sandiganbayan, and no longer the
Ombudsman, which has full control of the case
- Once the case has been filed with Sandiganbayan, and no longer the Ombudsman, which has full control of the case
so much so that the Information may not be dismissed without the approval of said court
- Ombudsman’s power is not limited to merely receiving, processing complaints or recommending penalties. He is to
conduct investigations, hold hearings, summon witnesses and require production of evidence and place
respondents under preventive suspension. This includes the power to impose the penalty of removal, suspension,
demotion, fine or censure of a public officer or employee
- Section 20(5) of RA 6770 – the one year period stated in said law does not refer to the prescription of the offense
but to the discretion given to the Ombudsman on whether it would investigate a particular administrative offense
(GR No. 161098 example)
Administrative Complaints: The Ombudsman the authority to act on all administrative complaints:
1) Are contrary to law or regulation
2) Are reasonable, unfair, oppressive or discriminatory
3) Are consistent with the general course of an agency’s functions, though in accordance with law
4) Proceed from a mistake of law or an arbitrary ascertainment of facts
5) Are in the exercise of discretionary powers but for an improper purpose
6) Are otherwise irregular, immoral or devoid of justification
Section 23(1) of the same law provides that administrative investigation conducted by the Office of the Ombudsman shall
be in accordance with its rules of procedure and consistent with due process
- At any rate, while Ombudsman would have the “plenary power” to discipline elective officials over the same
disciplinary authority of the President under RA 7160, he would nonetheless have the “option” to refer certain
complaints to the proper disciplinary authority for the institution of appropriate administrative proceedings against
erring public officer or employees
Under Section 24 of RA 6770, the Ombudsman or his deputy may preventively suspend any officer or employee under his
authority pending an investigation if in his judgment the evidence of guilt is strong, and (a) the charge against the officer or
employee involves dishonesty, oppression, grave misconduct or neglect in the performance of duty; (b) the charges would
warrant removal from the service; or (c) the respondent’s continued stay in office may prejudice the case filed against him
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Section 9 of Administrative Order No. 7 provides that pending investigation, the respondent, may be preventively
suspended without pay if, in the judgment of the Ombudsman or his proper deputy, the evidence of guilt is strong and (a)
the charge against such officer or employee involves dishonesty, oppression or gross misconduct or gross neglect in the
performance of duty; or (b) the charge would warrant removal from the service; or (c) the respondent’s continued stay in
office may prejudice the just, fair and independent disposition of the case filed against him
Salary: Section 10: The Ombudsman and his Deputies shall have the rank of Chairman and Members, respectively, of the
Constitutional Commissions, and they shall receive the same salary, which shall not be decreased during their term of office
Deputy Ombudsmen and Personnel of the Office of the Ombudsman: Section 6: The officials and employees of the Office
of the Ombudsman, other than the Deputies, shall be appointed by the Ombudsman according to Civil Service Law
Special Prosecutor – old Tanodbayan – may prosecute before the Sandiganbayan judges accused of graft and corruption
even if they come under the administrative supervision of the SC
Ill-gotten Wealth: Section 15: The right of the State to recover properties unlawfully acquired by public officials or
employees, from them or from their nominees or transferees, shall not be barred by prescription, laches or estoppel
Loans: Section 16: No loan, guaranty, or other form of financial accommodation for any business purpose (not include
personal purposes for purposes of self-aggrandizement???) may be granted, directly or indirectly, by an GOCC or financial
institution to the President, Vice-President, Members of the Cabinet, Congress, SC, and the Constitutional Commissions,
Ombudsman, or to any firm or entity in which they have controlling interest, during their tenure
Assets and Liabilities: requirement to all public officers and employees (statement of assets, liabilities and net worth - SALN)
– seeks to curtail the acquisition of unexplained wealth
- Under Section 8 of RA No. 6713 also known as the Code of Conduct and Ethical Standards for Public Officials and
Employees – exempted: those who serve in honorary capacity, laborers and casual or temporary workers
- SC has required that all requests for copies of SALN of any Justice or judge to be filed with the Clerk of Court of the
SC or with the Court Administrator, as the case may be, should indicate the purpose for the same
Change of Citizenship: Section 18: Public officers and employees owe the State and this Constitution allegiance at all times,
and any public officer or employee who seeks to change his citizenship or acquire the status of an immigrant of another
country during his tenure shall be dealt with by law
- Foreign citizenship must be formally rejected through an affidavit duly sworn before an officer authorized to
administer the oath
Amendment or Revision of the Constitution: The Constitution must be able to adjust to change, conforming itself to the
needs of a society that must be dynamic if it is to progress and endure. The law must be stable, but it cannot stand still
Kinds of Constitutions:
1) Written Constitution – one whose precepts are embodied in one document or set of documents
2) Unwritten Constitution – consists of riles which have not been integrated into a single, concrete form. These rules
may include statutes of a fundamental character, judicial decisions, customs and traditions, and certain common
law principles
3) Conventional – enacted constitution, formally “struck off” at a definite time and place following a conscious effort
taken by a constituent body
4) Cumulative – result of political evolution “not inaugurated at any specific time but changing by accretion rather
than any systematic method”
5) Rigid Constitution – one that can be amended only by a formal and usually difficult process
6) Flexible Constitution – can be changed by ordinary legislation
Constitution of the Philippines is written, conventional and rigid – its permanence or its capacity to resist capricious change
dictated not by legitimate needs but only by passing fancies, temporary passions or occasional infatuations of the people
with ideas or personalities
Amendment – refers to isolated or piecemeal change only. It refers to a change that adds, reduces or deletes without
altering the basic principle involved
Revision – revamp or rewriting of the whole instrument. It generally affects several provisions of the constitution
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Procedure:
1) Proposal – Amendment usually made either directly by the Congress (2/3 vote) or by a constitutional convention.
Through initiative – upon petition of at least 12% of the total number of registered voters, of which every legislative
district must be represented by at least 3% of the registered voters therein. No amendment under this section shall
be authorized within 5 years following the ratification of the Constitution nor oftener than once every 5 years
thereafter
- Proposal made by direct legislative action. In this case, at least ¾ of all members of the Congress shall be needed
a) Position of the Constitutional Convention – supreme over the other departments of the government because the
power it exercises are in the nature of sovereign powers
- Considers Constitutional Convention inferior to the other departments of the government since it is merely a
creation of the legislature
- It must be considered independent and co-equal with other departments of the government (most popular)
2) Ratification: Section 4: Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid
when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than 60 days nor later
than 90 days after the approval of such amendment or revision
Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite
which shall be held not earlier than 60 days nor later than 90 days after the certification by the COMELEC of the
sufficiency of the petition
Judicial Review of Amendments – the SC has the last word in the construction not only of treaties and statutes, but also in
the Constitution itself
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Transitory Provisions – do not have permanent duration, unlike the other provisions in the preceding articles. Article XVIII
will in time become functus officio as the purposes of several sections thereof are fulfilled
Existing Laws and Treaties: Section 3: All existing laws, decrees, executive orders, proclamations, letters of instructions and
other executive issuances not inconsistent with this Constitution shall remain operative until amended, repealed or revoked
Section 4: All existing treaties or international agreements which have not been ratified shall not be renewed or extended
without the concurrence of at least 2/3 of all Members of the Senate
- As for treaties, the rule is that if they have not been ratified before, they not be renewed or extended without the
concurrence of the Senate, the implication being that if they had in fact been ratified, they can be extended or
renewed without such concurrence
Reserved Executive Powers: Section 7: Until a law is passed, the President may fill by appointment from a list of nominees
by the respective sectors the seats reserved for sectoral representation in Paragraph (1), Section 5 of Art. III of this
Constitution
Section 8: Until otherwise provided by Congress, the President may constitute the Metropolitan Authority to be composed
of the heads of all local government units comprising the Metropolitan Manila Area
Court and Judges: Section 10: All courts existing at the time of the ratification of this Constitution shall continue to exercise
their jurisdiction, until otherwise provided by law. The provisions of the existing Rules of Court, judiciary acts and procedural
law, not inconsistent with this Constitution, shall remain operative unless amended or repealed by the SC or the Congress
Section 11: The incumbent Members of the Judiciary shall continue in office until they reach the age of 70 years, or become
incapacitated to discharge the duties of their office, or are removed for cause
Constitutional Commissions: Section 15: The incumbent Members of the CSC, COMELEC and CoA shall continue in office for
one year after the ratification of this Constitution, unless sooner removed for cause, or become incapacitated to discharge
the duties of their office, or appointed to a new term thereunder. In no case shall any Member serve longer than 7 years
including service before the ratification of this Constitution
Career Civil Service: Section 16: Career civil service employees separated from the service not for cause but as a result of
the reorganization shall be entitled to appropriate separation pay and to retirement and other benefits accruing to them
under the laws of general application in force at the time of their separation. In lieu thereof, at the option of the employees,
they may be considered for employment in the government, or in any of its subdivisions, instrumentalities, or agencies
including GOCCs and their subsidiaries. This provision also applies to career officers, whose resignation, tendered in line
with the existing policy, had been accepted
Section 17: All properties, records, equipment, buildings facilities and other assets of any office or body abolished or
reorganized in this Constitution shall be transferred to the office or body to which its powers, functions and responsibilities
substantially pertain
Priority Measures: Section 20: The first Congress shall give priority to the determination of the period for the full
implementation of free public secondary education
Section 18: At the earliest possible time, the Government shall increase the salary scales of other officials and employees
of the national government
Section 22: At the earliest possible time, the Government shall expropriate idle or abandoned agricultural lands as may be
defined by law, for distribution to the beneficiaries of the agrarian reform program
Section 24: Private armies and other armed groups not recognized by duly constituted authority shall be dismantled. All
paramilitary forces, including Civilian Home Defense Forces not consistent with the citizen armed forces established in this
Constitution, shall be dissolved or, where appropriate, converted to the regular forces
Sequestration: Section 26: The authority to issue sequestration or freeze orders under Proclamation No. 3, dated March
25, 1986 in relation to the recovery of ill-gotten wealth shall remain operative for not more than 18 months after the
ratification of this Constitution. However, in the national interest, as certified by the President, the Congress may extend
said period. Such order shall be issued only upon showing of a prima facie case
The order and the list of sequestered or frozen properties shall forthwith be registered with the proper court. For
sequestration or freeze orders issued before the ratification of this Constitution, the corresponding judicial action or
proceeding shall be filed within 6 months from its ratification. For those issued after such ratification, the judicial action or
proceeding shall be commenced within 6 months from the issuance thereof
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The sequestration or freeze order is deemed automatically lifted if no judicial action or proceeding is commenced as herein
provided
Salaries: Section 17: Until the Congress provides otherwise, the President shall receive an annual salary of PHP 300,000, the
Vice-President, President of the Senate, Speaker of HoR, and the CJ of SC, PHP 240,000 each. The Senators, Members of
HoR, Associate Justices of SC and the Chairmen of the Constitutional Commissions, PHP 240,000 each; the Members of the
Constitutional Commissions, PHP 180,000. These salaries have been since increased by law (shall not be exempt from
income tax)
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Constitutional and Philippine Political Law

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Constitutional and Philippine Political Law – ISAGANI CRUZ ©2014

1) 1935 Commonwealth Constitution

Essential Elements of a State: people, territory, government, sovereignty

Administration is transitional whereas the government is permanent

House of Representatives – Composition: 2 kinds:

Election: 2nd Monday of May

Powers of the Congress:

1) Elective officials and their personal or confidential staff

3) When becomes permanently incapacitated to continue as such

- Corwin describes it as “the most formidable weapon in the arsenal of democracy”

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