CONSTITUTIONAL LAW

[For Finals]

1. What is the Rule on residency of Legislative Officials? (AF Brillantes vs. Reyes)
It has been sufficiently shown that Protestee has established her residence in Makati for
several years before the May 1987 elections. Mere registration as a voter in Manila to vote
for a Plebiscite (Feb. 2, 1987) could not be taken as indicating an abandonment of her
Makati residence permanently, particularly because she continued to maintain her house,
conduct her business, and perform her religious and civil obligations in Makati. Such act of
registration to vote for a plebiscite in Manila to vote in the plebiscite was temporary, she
having retained the animus revertendi, the desire to return to her Makati residence.

Residence is defined as 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 his activities therein, in the absence of a clear
showing that he has decided to adopt a new residence.
2. State the Rule on Parliamentary Immunities
Sec. 11. A Senator or Member of the House of Representatives shall, in all offenses
punishable by not more than 6 years imprisonment, be privileged from arrest while the
Congress is in session. No Member shall be questioned nor be held liable in any other place
for any speech or debate in the Congress or in any committee thereof.
*Session refers to the entire period from its initial convening until its final adjournment.

3. Privilege from Arrest Exemption

- Intended to ensure representation of the constituents of the member of the
congress by preventing attempts to keep him from attending its sessions.
- Immunity includes civil and criminal offenses punishable by not more than six years
imprisonment.
- May not be invoked for the crime of murder, etc. but can be availed in case the
crime committed is slight physical injuries or the like.
- Applies only while the Congress is in session.
4. Privilege from Speech and Debate Exemption
- Enables the legislator to express views bearing upon the public interest without fear
of accountability outside the halls of the legislature for his inability to support his
statements with the usual evidence required in the court of justice.
- Two Requirements:
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a. The remarks must be made while the legislature or the legislative committee is
functioning (in session).
b. They must be made in connection with the discharge of official duties.
This privilege is not absolute. The legislator may not be questioned in any other
place but he may be called in the congress itself and when warranted, punished
for disorderly behavior. (only the members of the congress may ask the
questions)

*An action may always be filed against the representative in his personal capacity.
Could not if the congress is in recess and the legislator is acting in its private capacity.
5. Distinguish Incompatible Offices vs. Forbidden Offices
INCOMPATIBLE OFFICES
No Senator or Member of the House of
Representatives may hold any other office or
employment in the Government, or any
subdivision, agency, or instrumentality
thereof, including GOCCs or their subsidiaries,
during his term without forfeiting his seat.
(Sec. 13)
Purpose: to prevent him from owing loyalty to
another branch of the government, to the
detriment of the independence of the
legislature and the doctrine of separation of
powers.
What is not allowed is the simultaneous
holding of that office and the seat in the
Congress.
Forfeiture of seat or cessation of tenure is
automatic upon the holding of the
incompatible office.
EXEMPTION: It is allowed if the second office
is an extension of the legislative position or is
in aid of legislative duties.

FORBIDDEN OFFICES
A Senator or Member of the House may not
be appointed to any office in the government
that has been created or the emoluments
thereof have been increased during his term.
(Sec. 13)

Purpose: to prevent trafficking in public office.

Exemption: does not apply to elective offices,

which are filled by the voters themselves.
Appointment of the member of congress to
forbidden offices is not allowed only during
the term for which he was elected.
If re-elected after such term and appointed it
is also allowed.

Incompatible offices are those which may not be held by the legislator during his tenure in the
congress.
6. State the Rule on Legislative Sessions
Sec. 15. The Congress shall convene once every year on the fourth 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 thirty 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.
*Can be anywhere as long as all of them are fit in the venue but it should be in
the Congress.
7. How to determine a quorum.
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A majority of each House shall constitute a quorum to do business, but a smaller

number may adjourn from day to day and may compel the attendance of absent
members in such manner, and under such penalties, as such House may provide.
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Any number sufficient to transact business which may be less than majority of the
membership or the Majority of each House.
SEC. 44. Except during the election of officers as provided in Section 2, a majority of
the Senators shall constitute a quorum and, in its absence, a smaller number may
adjourn from day to day and may compel the attendance of absent Members in the
manner provided in Section 99 hereof.(Senate)
SEC. 45. Should the question of lack of quorum be raised, the Chair, without debate,
shall immediately proceed to a verification thereof by causing the reading of the roll
of the Senators and announcing forthwith the result. (Senate)
Section 74. Quorum. A majority of all the Members of the House shall constitute a
quorum. The House shall not transact business without a quorum. A Member who
questions the existence of a quorum shall not leave the Session Hall until the
question is resolved or acted upon, otherwise, the question shall be deemed
abandoned. (House of Representatives)

8. Journal vs. Enrolled Bill.

JOURNAL
Record of what is done and past in
a legislative assembly.
- Useful for:
Authenticating the proceedings.
Interpretation of laws through a study
of the debates held thereon.
Informing the people of the official
conduct of their respective legislators.
Reference to verify the content of the
approved bill.
- Only a resum or the minutes of
what transpired during a legislative
session.
-

a.
b.
c.
d.

ENROLLED BILL
One which has duly introduced,
finally passed by both houses
signed by the proper of each,
approved by the governor or
president and filled by the
secretary of the state.
Contents shall prevail over
journals in case of conflict but
shall not prevail when its
existence is non-existent.
Conclusive not only of its provisions
but also its due enactment.

9. Power and Composition of Electoral Tribunal

a. Powers
- Shall be the sole judge of all contests relating to the election, returns and
qualifications of their respective members.
- Has its own right to prescribe its own rules of procedure in connection with the
election contests under its jurisdiction.
- Has its own Fiscal Autonomy.
b. Composition
- Composed of Nine(9) Members:
a. 3 Justices of SC designated by the Chief Justice.
b. 6 members of the Senate or the House of Representatives.
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c. The senior Justice shall be its Chairman.

10. Power and Composition of Commission on Appointments

Powers and Composition:
SECTION 18. There shall be a Commission on Appointments consisting of the President
of the Senate, as ex officio Chairman, twelve Senators and twelve Members of the House
of Representatives, 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 case
of a tie. The Commission shall act on all appointments submitted to it within thirty session
days of the Congress from their submission. The Commission shall rule by a majority vote
of all the Members.
It confirms certain appointments made by the president.
11. Procedure in the Approval of Bills
a) A bill is introduced by any member of the House of Representatives or Senate.
b) First Reading reading of number and title of measure and referral to the proper
committee wherein it may be killed or recommended again for approval.
c) The bill shall be Calendared for Second Reading.
d) Second Reading reading its entirety, scrutinized, debated upon and amended
when desired. (most important stage)
e) Approved bill is printed in its final form and its copies will be distributed at least
three days before third reading.
f) Third Reading Members register their votes and explain them if allowed. No
debate is allowed in this point.
g) Bill is sent to the other chamber and undergoes the same procedure.
h) Bill is submitted to the President for Approval.
i) The Bill is enrolled when printed as finally approved by the Congress and
authenticated with signatures of the Senate President, the Speaker of the House,
and Secretaries of their respective chambers and Approved by the President.

12. State the Rule of the Origin of Bills

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 House of Representatives, but the Senate may propose or concur with
amendments.
13. What are the prohibited measures in Passing a Bill?
a. Those impairing the doctrine of separation of powers
b. Those providing for the appointment of elective officers.
c. Enactment of ex-post facto laws and bills of attainder.
d. Those impairing the obligation of contracts.
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e. No law granting a title of royalty or nobility shall be enacted.

f. No law shall be passed increasing the appellate jurisdiction of the SC as provided in this
Constitution without its advice and concurrence.

14. What are the rules for a valid legislative inquiry in the Appearance of Dept. Heads?
a. Legislative Inquiries.
SECTION 21. The Senate or the House of Representatives or any of its respective
committees may conduct inquiries in aid of legislation in accordance with its duly published
rules of procedure. The rights of persons appearing in or affected by such inquiries shall be
respected.
Legislative inquiry = must be in aid of legislation, whether it be under consideration
already or still to be drafted. Furthermore, the conduct of the 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.
b. Appearance of Dept. Heads.
SECTION 22. The heads of departments may upon their own initiative, with the consent
of the President, or upon the request of either House, as the rules of each House shall provide,
appear before and be heard by such House on any matter pertaining to their departments.
Written questions shall be submitted to the President of the Senate or the Speaker of the
House of Representatives at least three days before their scheduled appearance. Interpellations
shall not be limited to written questions, but may cover matters related thereto. When the
security of the State or the public interest so requires and the President so states in writing, the
appearance shall be conducted in executive session.
15. Implied Limitations for an appropriation bill.
a. Should be devoted to a public purpose.
b. The sum authorized must be determinate or at least determinable.
c. The law must appropriate fixed amount, but it is sufficient if only the maximum is
indicated.
It is essential to the validity of an appropriation that it be devoted to a public purpose.
Another requirement of a valid appropriation is that the sum authorized to be released must be
determinate or at least determinable. Otherwise, the national treasurer will have no guide or,
worse, will have unlimited discretion in the release of public funds.

16. Constitutional Limitations for an appropriation bill.

a. All appropriation bills should originate from the House of Representatives.
b. 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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c. A special appropriations bill shall specify the purpose for which it is intended, and
shall be supported by funds actually available as certified by the National Treasurer,
or to be raised by a corresponding revenue proposed therein.
d. General Appropriation - The 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.
e. No money shall be paid out of the Treasury except in pursuance of an appropriation
made by law.
f. Every bill passed by the Congress shall embrace only one subject which shall be
expressed in the title thereof.
g. 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.
h. The procedure in approving appropriations for the Congress shall strictly follow the
procedure for approving appropriations for other departments and agencies.
i. No law shall be passed authorizing any transfer of appropriations; however, the
President, the President of the Senate, the Speaker of the House of Representatives,
the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions
may, by law, be authorized to augment any item in the general appropriations law
for their respective offices from savings in other items of their respective
appropriations.
17. What are Special Funds in lieu of appropriation
Sec 29. (3) 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 a special
fund was created has been fulfilled or abandoned, the balance, if any, shall be
transferred to the general funds of the Government.
18. Referendum vs. Initiative

REFERENDUM
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.
Limited to specific legislations.

INITIATIVE
The power of the people to
propose bills and laws, and to enact
or reject them at the polls,
independent of the legislative
assembly.
Involves
the
proposals
for
amendments in the Constitution.

19. State the rule on Presidential Succession

Section 7. The President-elect and the Vice President-elect shall assume office at the
beginning of their terms.
If the President-elect fails to qualify, the Vice President-elect shall act as President until the
President-elect shall have qualified.
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If a President shall not have been chosen, the Vice President-elect shall act as President until a
President shall have been chosen and 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 officials 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. In
case of death, permanent disability, removal from office, or resignation of both the President
and Vice-President, the President of the Senate or, in case of his inability, the Speaker of the
House of Representatives, shall then act as President until the President or Vice-President shall
have been elected and qualified.
The Congress shall, by law, provide who shall serve as President in case of death, permanent
disability, or resignation of the Acting President. He shall serve until the President or the VicePresident shall have been elected and qualified, and be subject to the same restrictions of
powers and disqualifications as the Acting President.
20. Give at least 3 Presidential Inhibitions
a. Prohibition against change in salary of the President and Vice-President and the
acceptance or receiving of any Emoluments from the government or any other source
during their tenure.
b. Section 13. The President, Vice-President, the Members of the Cabinet, and their
deputies or assistants shall not, unless otherwise provided in this Constitution, hold any
other office or employment during their tenure. 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 government-owned or controlled corporations 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 fourth civil
degree of the President shall not, during his tenure, be appointed as Members of the
Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of bureaus or offices, including governmentowned or controlled corporations and their subsidiaries.
21. What is Presidential Immunity
- The immunity of the President from civil damages covered only official acts during
his incumbency. (Nixon vs. Fitzgerald)
- Privilege of immunity from suit, pertains to the President by virtue of the office and
may be invoked only by the holder of the office.

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Privilege of immunity from suit is to assure the exercise of Presidential duties and
functions free from any hindrance or distraction, considering that being the Chief
Executive of the Government is a job that, aside from requiring all of the officeholders time, also demands undivided attention.
Presidential privilege of immunity cannot be invoked by a non-sitting president even
for acts committed during his or her tenure.

22. Discuss at least 3 Presidential Powers

Appointing Power
- The President may nominate and, with the consent of Commission on
Appointments, may appoint certain public officers whose appointments are vested
in him in this Constitution.
- President also has the power to make appointments during recess of the Congress
which shall be effective only until approved by COA or next adjournment of
Congress.
- Two kinds/classifications:
a. Temporary Appointments those extended/given to persons without such
eligibility, are revocable at will and without the necessity of just cause or a valid
investigation.
b. Permanent Appointments those extended to persons with eligibility and are
protected by the constitutional provision on security of tenure.
OR
c. Regular Appointments made during regular sessions; made after nomination is
confirmed by COA and is continuous until the end of the term. It is by-passed
through inaction and disapproved impliedly by COA.
d. Ad interim Appointments made during recess and is made before confirmation.
It shall cease to be valid if disapproved by COA or upon next adjournment of
Congress.

Removal Power
May be exercised by the President only for cause as may be provided by law and in
accordance with the prescribed administrative procedure. (e.g. Officer or Employees
of the Civil Service)
EXEMPTION: Members of the Cabinet and other executive officials whose term of
office is determined at the pleasure of the President.
The Control Power
The President shall have control of all the executive department, bureaus and
offices. He shall ensure that the laws be faithfully executed.
The President has full control of his Cabinet which are subject at all times to the
disposition of the President since they are merely his alter ego.
The President may set aside the judgment or action taken by a subordinate in the
performance of his duties because the power merely applies to actions and
judgments of the subordinates and not over the actor or agent himself of the act.
Military Power

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Section 18. The President shall be the Commander-in-Chief of all armed forces of
the Philippines and whenever it becomes 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 sixty days, suspend the privilege of the writ of habeas corpus or place
the Philippines or any part thereof under martial law. Within forty-eight hours from
the proclamation of martial law or the suspension of the privilege of the writ
of habeas corpus, the President shall submit a report in person or in writing to the
Congress. The Congress, voting jointly, by a vote of at least a majority of all its
Members in regular or special session, may revoke such proclamation or suspension,
which revocation shall not be set aside by the President. Upon the initiative of the
President, the Congress may, in the same manner, extend such proclamation or
suspension for a period to be determined by the Congress, if the invasion or
rebellion shall persist and public safety requires it.

The Congress, if not in session, shall, within twenty-four hours following such proclamation
or suspension, convene in accordance with its rules without need of a call.
The Supreme Court 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 of habeas corpus or the extension thereof, and must promulgate its
decision thereon within thirty days from its filing.
A 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 of habeas corpus.
The suspension of the privilege of the writ of habeas corpus shall apply only to persons
judicially charged for rebellion or offenses inherent in, or directly connected with, invasion.
During the suspension of the privilege of the writ of habeas corpus, any person thus
arrested or detained shall be judicially charged within three days, otherwise he shall be
released.
(These are the powers of the President that are easy to familiarize or Memorize :P)

23. What are the Six Categories of Officials Subject to Appointing Powers of the President
(HAOTAT)
a. Heads of the Executive Departments
b. Ambassadors, other public ministers and consuls.
c. Officers of the Armed Forces from the rank of colonel or naval captain
d. Those other officers whose appointments are vested in him by the constitution
e. All other officers of the Government whose appointments are not provided for by
law.
f. Those whom he may be authorized by law to appoint
24. Distinguish Regular appointment from Ad interim
- Regular Appointments
made during regular sessions

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 made after nomination is confirmed by COA and is continuous until the end of the
term
It is by-passed through inaction and disapproved impliedly by COA.
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Ad interim Appointments
made during recess
is made before confirmation
It shall cease to be valid if disapproved by COA or upon next adjournment of
Congress.

25. Two Special Limitations on Appointing Power

Section 14. Appointments extended by an Acting President shall remain
effective, unless revoked by the elected President, within ninety days from his
assumption or reassumption of office.
Section 15. Two 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.

26. Distinguish Control Power vs. Removal Power

Control Power
It is the power that is granted by the law to
the President that he shall have control of
all the executive departments, bureaus
and offices and with that power, to ensure
that the laws be faithfully executed. The
power of removal is derived from this
power.

Removal Power
It is the power of the President to remove,
at pleasure or through provisions granted
to him by the law, certain public officials in
the exercise of his duties as President of
the Philippines.
-relates to the officer or agent himself

-relates to actions taken by the officer or

agent

27. What is the writ of Habeas Corpus? What is its privilege? When may it be suspended
and by whom?
a. 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.
b. Its privilege is that when the court receives an application for the writ, and it finds the
petition in proper form, it will issue the writ as a matter of course. If it finds out that the
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persons detention and apprehension was without legal cause or authority, the court
may order for that person to be released
c. It may be suspended by the PRESIDENT in case of:
- Invasion
- Rebellion
- When public safety requires it
28. What is Presidential Pardon? What are its limitations?
- Granted for the purpose of relieving the harshness of the law or correcting mistakes
in the administration of justice.
- 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.
- LIMITATIONS:
a. Pardon cannot be granted in cases of impeachment.
b. No pardon can be granted for the violation of any election law, rule or regulation
without favorable recommendation of the COMELEC.
c. Pardon can be granted only after conviction by final judgment.
d. A pardon cannot be extended to a person convicted of legislative contempt.
e. Pardon cannot be extended for the purpose of absolving the pardonee of civil
liability, including judicial costs.
f. Pardon will not restore offices forfeited.

29. Distinctions between Amnesty vs. Pardon

Amnesty
Pardon
-crimes against sovereignty of state, political -condones in fraction of the peace of the
offenses, forgiveness being more than state.
prosecution.

-generally addressed to classes or even -addressed to an individual.

communities of persons.
-there may or may not be acts of acceptance.

-there must be distinct act of acceptance.

-requires concurrence of Congress.

-does not require concurrence of Congress.

-a public act which courts take judicial notice.

-Private act of the President which must be

proved by pardoned person. No judicial
notice.

-looks backward and abolishes the offense -looks forward and relieves offender from
itself as though he had committed no offense. consequences of an offense of which he has
been convicted.

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30. What is the rule pertaining to the Budgetary Powers of the president?
Section 22. The President shall submit to the Congress, within thirty 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.
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The President is in the best position to determine the needs of the government and
propose the corresponding appropriations therefore on the basis of existing or
expected sources of revenue.
The Congress may not increase the Appropriations recommended by the President
for the operation of the government as specified in the budget.

31. Give at least 10 Constitutional Safeguards to maintain independence of the Judiciary

a. The SC is a constitutional body. It cannot be abolished nor may its membership or
manner of its meeting be changed by mere legislation.
b. The members of the SC may not be removed except by impeachment.
c. The SC may not be deprived of its minimum original and appellate jurisdiction as
prescribed in ART VIII sec. 5 of the Constitution.
d. The appellate jurisdiction of the SC may not be increased by law without its advice and
concurrence.
e. The SC has administrative supervision over all lower courts and their personnel.
f. The SC has exclusive power to discipline judges of lower courts.
g. The judiciary shall enjoy Fiscal autonomy
h. The SC alone may initiate rules of court.
i. The salaries of judges may not be reduced during their continuance of office.
j. The SC can appoint all officials and employees of the judiciary.
32. Under art. VIII sec 1 of the constitution. What is Judicial Power?
Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts
as may be established by law.
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 a grave abuse of discretion amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of the Government.
33. What are the General and Specific Qualifications to be a member of the judiciary as
provided for by the constitution.
General: Must be a person of proven competence, integrity, probity, and independence.
Specific: Natural Born Citizen; a member of the SC; at least 40 years old; must have been a
judge of lower court or engaged in practice of law in the Philippines for 15years or more.

34. What is Judicial Fiscal Autonomy

- Contemplates a guarantee of full flexibility to allocate and utilize their resources
with the wisdom and dispatch that their needs require.
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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.

35. Requisites of Judicial Inquiry

a.
b.
c.
d.

Actual case or controversy

The question of constitutionality must be raised by the proper party
Constitutional question must be raised at the earliest possible opportunity
The decision of the constitutional question must be necessary to the determination
of the case itself.

36. What is a Proper Party in Judicial inquiries

-

One who has sustained or is in immediate danger of sustaining an injury as a result

of the act complained of.
The complainant cannot have the legal personality to raise the CQ unless such actual
potential injury is established.

37. Discuss the Orthodox and Modern View of the effects of declaration of
unconstitutionality
a. Orthodox View an unconstitutional act is not a law, it confers no rights, imposes no
duties, it affords no protection, creates no office, it is inoperative, as if it had not been
passed.
b. Modern view the court in passing upon the question of constitutionality does not
annul or repeal the statute if it finds it in conflict with the constitution. It simply refuses
to recognize it.
38. Powers of SC
a. Original Jurisdiction exercise original jurisdiction over cases affecting ambassadors,
other public ministers, and consuls and over petitions for certiorari, prohibition,
mandamus, quo warranto and Habeas Corpus.
b. .Appellate Jurisdiction 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 relation thereto.

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(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.
c. Temporary Assignment of Judges Assign temporarily judges of lower courts to
other stations as public interest may require. Such temporary assignment shall not
exceed six months without the consent of the judge concerned.
d. Change in Venue or Place of Trial to avoid miscarriage of justice.
e. 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 Supreme Court.
f. Appointment of Court Personnel Appoint all officials and employees of the
Judiciary in accordance with the Civil Service Law.
g. Administrative Supervision of Courts The Supreme Court shall have administrative
supervision over all courts and the personnel thereof.
39. Discuss the Rule-Making Power of SC 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 Supreme
Court.
-

Authorizes the SC to promulgate rules like giving assistance to the under privilege,
erasing all doubts to the constitutionality of the IBP especially the Right of
association, concerning protection and enforcement of constitutional rights and
speedy disposition of cases.

40. What are the Constitutional guarantees to ensure independence of the Constitutional
bodies (Con-Coms)
a. These bodies are created by the Constitution itself and may not be abolished by
statute.
b. Each of them is expressly prescribed in the constitution as independent.
c. Each of them is conferred certain powers and functions which cannot be withdrawn
or reduced by statute.
d. The chairmen and the members of all these commissions are given fairly long term
of 7 years.
e. The chairmen and the members of all these commissions may not be removed from
office except by impeachment.
f. The terms of office of the chairmen and members of all 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.

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g. The chairmen and the members of all these commissions may not be reappointed or
appointed in an acting capacity.
h. The salaries of the chairmen and members of all these commissions are relatively
high and may not be decreased during their continuance in office.
i. The commissions shall enjoy fiscal autonomy.
j. Each commission shall promulgate its own procedural rules
k. The chairmen and members of all these commissions are subject to certain
disqualifications and inhibitions calculated to strengthen their integrity.
l. The Con-Coms are allowed to appoint their own officials and employees in
accordance with civil service law.
41. Grounds for Disqualifications to be a Member of Com-Coms
a. Members may not hold any other office or employment
b. Members cannot engage in the practice of any profession or in active management
or control of any business which may affect the functions of their office.
c. Members shall not be financially interested, directly, or indirectly, in any contract
with, or in any franchise or privilege granted by, Government, any of its subdivisions,
agencies or instrumentalities, including GOCCs or their subsidiaries.
42. Scope of Civil Service Commission
Article IV-B Sec. 2(1) the civil service embraces all branches, subdivisions, instrumentalities,
and agencies of the government, including GOCCs with original Charters.
43. What are the characteristics of a Career Service?
a. Entrance based on merit and fitness to be determined as far as practicable by
competitive exams, or based on highly technical qualifications.
b. Opportunity for advancement to higher career positions.
c. Security of tenure.
44. Objectives of the Civil Service Commission:
Section 3. The CSC, as the central personnel agency of the government shall:
a. Establish a career service and adopt measures to promote morale, efficiency,
integrity, responsiveness, progressiveness and courtesy in the Civil Service.
b. Strengthen the merit and rewards system.
c. Integrate all human resources developed programs for all levels and ranks
d. Institutionalize a management climate conducive to public accountability.
e. Submit to the President and the Congress its annual report on its programs.
45. What is the prohibition on Double Compensation
Article XVI. Section 8. No elective or appointive public officer or employee shell
receive additional, double compensation, unless specifically authorized by law, nor
accept without the consent of the congress, any present emolument, office, or title of
any kind from any foreign Government.
Pensions or gratuities shall not be considered as additional, double, or indirect
compensation.

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46. What are the Powers and Functions of COMELEC

a. Enforcement of election laws Enforce and administer all laws and regulations relative
to the conduct of an election, plebiscite, initiative, referendum, and recall.
- File, upon a verified complaint, or on its own initiative,
petitions in court for inclusion or exclusion of voters; investigate and, where
appropriate, prosecute cases of violations of election laws, including acts or omissions
constituting elections frauds, offences, and malpractices.
b. Decision of Election Contests 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.
c. Decision of Administrative Questions 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, registration of voters.
d. Deputization of Law-Enforcement Agencies Deputize, with the concurrence of the
President, law enforcement agencies and instrumentalities of the Government,
including the Armed Forces of the Philippines, for the exclusive purpose of ensuring
free, orderly, honest, peaceful, and credible elections.
e. Registration of Political Parties Register, after sufficient publication, political parties,
organizations, or coalitions which, in addition to other requirements, must present their
platform or program of government; and accredited citizens arms of the Commission
on Elections.
f. Improvement of Election Contests 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, offences,
malpractices, and nuisance candidates.
- Submit to the President and the Congress a
comprehensive report on the conduct of each election, plebiscite, initiative referendum,
or recall.
47. Discuss the Jurisdiction and Effects of decisions over Election Contests
-

Exclusive original jurisdiction over election contests is now vested upon COMELEC
over election contests relating to the elections, returns, and qualifications of all
elective regional, provincial, and city officials. Such cases or decisions may be
appealed to the SC in a petition for certiorari , which is limited to questions of law
involving lack or excess in jurisdiction even though it is an administrative body.
The commission exercises appellate jurisdiction over contests involving baranggay
and municipal officials which shall be final, executor and not appealable.

48. Powers and Functions of the Commission on Audit

a. To examine, audit and settle all accounts pertaining to the revenue

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b.
c.
d.
e.

To examine and audit all forms of government expenditures

To settle government accounts
To define the scope and techniques for its own auditing procedures
To promulgate accounting and auditing rules including those for the prevention and
disallowance of irregular, unnecessary, excessive, extravagant or unconscionable
expenditures
f. To decide administrative cases involving expenditure of government funds and
properties.
*Includes governmental subdivisions, agencies, or instrumentalities, GOCCs on a post audit
basis:
- Constitutional bodies, commissions, and offices with fiscal autonomy; autonomous state
colleges and universities; GOCCs and its subsidiaries; and non-governmental entities receiving
subsidiaries from government.
*Without appropriation, COAs Duty is to refuse to approve the disbursement of public funds.
49. Who are the Impeachable Officers what are the Grounds for Impeachment
A. Impeachable Officers:
a.
b.
c.
d.
e.
f.

President
Vice-President
Members of the Supreme Court
Members of Constitutional Commissions
Ombudsman
Sandiganbayan

B. Grounds for Impeachment:

a.
b.
c.
d.
e.
f.

Culpable violation of the Constitution

Treason
Bribery
Graft and Corruption
Other High Crimes
Betrayal of Public Trust

50. Powers and Functions of Ombudsman

The Office of the Ombudsman shall have the following powers, functions and
duties
1. Investigate and prosecute on its own or on complaint by any person, any act or
omission of any public officer or employee, office or agency, when such act or
omission appears to be illegal, unjust, improper or inefficient. It has primary
jurisdiction over cases cognizable by the Sandiganbayan and, in the exercise of his
primary jurisdiction, it may take over, at any stage, from any investigatory agency of
Government, the investigation of such cases (Sec. 15(1) R.A. No. 6770; see also Sec.
13(1),
Article
XI,
1987
Constitution);

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2. Direct, upon complaint or at its own instance, any officer or employee of the
Government, or of any subdivision, agency or instrumentality thereof, as well as any
government-owned or controlled corporations 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 (Sec. 15(2) R.A. No. 6770; Sec 13(2) Article XI,
1987
Constitution);
3. Direct the officer concerned to take appropriate action against a public officer or
employee at fault or who neglects to perform an act or discharge a duty required by
law, and recommend his removal, suspension, demotion, fine, censure, or
prosecution, and ensure compliance therewith; or enforce its disciplinary authority as
provided in Section 21 or this Act: Provided, That the refusal by any officer without
just cause to comply with an order of the Ombudsman to remove, suspend, demote,
fine, censure, or prosecute an officer or employee who is at fault or who neglects to
perform an act or discharge a duty required by law shall be ground for disciplinary
action against said officer (Sec. 15(3) R.A. No. 6770; see also Sec 13(3), Article XI, 1987
Constitution);
4. Direct the officer concerned, in any appropriate case, and subject to such limitations
as it may provide in its rules of procedure, 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
Commission on Audit for appropriate action (Sec. 15(4) R.A. No. 6770; see also Sec.
13(4),
Article
XI,
1987
Constitution);
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 (Sec. 15(5), R.A. No.6770; see also Sec. 13(5), Article XI, 1987 Constitution);
6. Publicize matters covered by its investigation of the matters mentioned in paragraphs
(1), (2), (3) and (4) hereof, when circumstances so warrant and with due determine
what cases may not be made public: Provided further, That any publicity issued by
the Ombudsman shall be balanced, fair, and true (Sec 15(6) R.A. No. 6770; see also Sec
13(6),
Article
XI,
1987
Constitution);
7. Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption
in the Government and make recommendations for their elimination and the
observance of high standards of ethics and efficiency (Sec 15(7) R.A. No. 6770; see
also
Sec
13(7),
Article
XI,
1987
Constitution);
8. Administer oaths, issue subpoena and subpoena duces tecum, and take testimony in any
investigation or inquiry, including the power to examine and have access to bank
accounts
and
records (Sec
15(8),
R.A.
No.
6770);
9. Punish for contempt in accordance with the Rules of Court and under the same
procedure and with the same penalties provided therein (Sec 15(9), R.A. No. 6770);
10. Delegate to the Deputies, or its investigators or representatives such authority or duty
as shall ensure the effective exercise of performance of the powers, functions, and
duties herein or hereinafter provided (Sec 15(10), R.A. No. 6770);
11. Investigate and initiate the proper action for the recovery of ill-gotten and/or
unexplained wealth amassed after February 25, 1986 and the prosecution of the parties
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involved

therein (Sec

15(11),

R.A.

No.

6770);

12. Promulgate its rules of procedure and exercise such other powers or perform such
functions or duties as may be provided by law (Sec 13(7), Article XI, 1987 Constitution;
see also Sec. 18, R.A. No. 6770);
Section 14. The Office of the Ombudsman shall enjoy fiscal autonomy. Its approved
annual appropriations shall be automatically and regularly released.

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