ARTICLE VII: LEGISLATIVE DEPARTMENT:

SECTION 1: Legislative power shall be vested in the Congress which is a BICAMERAL

body consists of:
1. Senate elected by the nation at large.
2. House of Representatives elected by the districts.
Legislative power is also vested through:
1. Initiative and
2. Referendum of the People

Principle of non- delegability of legislative power (Delegata protestas non potest delagari):
- Congress alone can make laws and Congress may not delegate its law making
power.
- Cannot pass irrepealable laws.
Exceptions:
1. Immemorial practice- local govt may be allowed to legislate on purely local matters
(Rubi v Rosenthal)
2. Constitution itself in specific instances allows the delegation of legislative power ex: in
times of war, delegation to the President to make laws.

Separation of Powers:
- Means that legislation belongs to Congress, execution to the legislative, and
settlement of legal controversies to the judiciary.
Checks and Balances:
- In general, no one department is able to act without the cooperation of at least one
department.

Qualities of delegating law to ensure that the power delegated is not law-making:
a. Complete in itself- set forth the policy to be implemented.
b. Fix a standard- limits are sufficiently determinable.

UyRicoCaluag Notes

**administrative agency is not law-making but law-execution since they can promulgate
supplementary rules or filling up the details for proper execution of laws because of the
growing complexity of modern society for regulation of its ramified activities and they can deal
with problems with expertise and specialization. (Relate it to PITC v Angeles; Compania General de
tabacos v Board of Public Utility). They have the force of Law.

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

Two kinds of limitations in Legislative power:

- Substantive limits which is to prevent curtailment of the contents of the law.
- Procedural limits which is to prevent the curtailment of manner of passing laws.

Legislative power- authority to make laws, alter and repeal them.

- A derivative and delegated power by the people to the Congress.
- It is plenary meaning congress may pass any subject matters.

Purpose of Separation of Powers and

Checks and Balances:

To prevent concentration of powers in one dept. and avoid tyranny.

Initiative and Referendum (in connection to Sec. 32)

- Power of the people to directly propose and enact laws or approve and reject any act or
law of part of it passed by the Congress or Local Legislative body.
- Purpose of Initiative and Referendum is PEOPLE POWER which can be used when
there are indifferences to the needs of the people to the law passed.
SECTION 2: The Senate shall be composed of 24 Senators.

Voluntary renunciation of the office at any length in time shall not be considered as an
interruption in the continuity of service for the full term for which he was elected.
- Senators may run again after two consecutive years provided that he must wait 3 yrs
or more after the expiration of his second term.
SECTION 5: HOUSE OF REPRESENTATIVES:
a. Composed of not more than 250 members unless otherwise fixed by law.
b. Elected from legislative districts
c. Elected through a party-list system
Two kinds of representatives:
1. District representatives
2. Party list representatives
**sectoral representatives will last only for 3 consecutive terms after the ratification of the
1987 Constitution since the reason for it is to organize themselves to compete with other
party groups.

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

1. Shall be SIX YEARS and shall commence, unless otherwise provided by law, at
noon on the 13th day of June following their election.
2. No senator shall serve for MORE than TWO CONSECUTIVE terms.

SECTION 4: TERMS OF OFFICE OF SENATORS:

UyRicoCaluag Notes

SECTION 3: QUALIFICATION OF A SENATOR:

No person shall be a Senator UNLESS:
a. Natural-born citizen.
b. On the day of election, he is at least 35 yrs old.
c. Able to read and write.
d. Registered voter.
e. Resident of the Philippines for not less than 2 yrs immediately before the day of
election.

Senators are elected at large unless provided by law (the number of the senators
cannot be changed, what can be changed is the manner of election).

Principle of Apportionment- is the concept of equality of representation which is the basic

principle republicanism.
RULES in apportionment found in Sec. 5:

1. Shall be apportioned among provinces, cities, and metropolitan Manila area in accordance
with the number of their respective inhabitant, and on the basis of a uniform and progressive
ratio.
2. Each legislative district shall comprise as far as practicable, contiguous, compact and
adjacent territory.
3. Each city with a population of at least 250,000 shall have at least 1 representative.
4. Within 3 yrs ff. the return of every census, the Congress shall make a reapportionment of
legislative districts based on the standards provided in this section.
**Only Congress can create provinces and cities because the creation of them necessarily
includes the creation of legislative districts accdg. to Sect. 5 Art VI of the Constitution which the
Congress based on Census.

Bengzon v Cruz- a natural born citizen who loses his citizenship by naturalization in another
country later is repatriated recovers his status of being a natural-born citizen and therefore is
qualified to be a member of the Congress.
**the Constitution does not use the word domiciled but resident. But in Romualdez-Marcos
v COMELEC- what is required is not just temporary residence but domicile as defined in
jurisprudence.
Residence- a place of abode whether permanent or temporary.
Domicile- a permanent residence to which one, when absent, has the intention to return.
Requisites to acquire domicile by choice:
1. Residence or bodily presence in the new locality
2. Intention to remain there.
3. Intention to abandon the old domicile.

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

Ang Bagong Bayani et., al. v COMELEC- added the requirement that party-list nominees
must represent marginalized and underrepresented sectors.

No person shall be a member of the House of Representatives unless:

a. Natural-born citizen.
b. On the day of election, he is at least 25 yrs old.
c. Able to read and write.
d. Registered voter (except for the party-list system) in the district which he shall
be elected.
e. Resident of the Philippines for not less than 1 yr immediately before the day of
election.

UyRicoCaluag Notes

SECTIO 6: QUALIFICATIONS OF MEMBER OF House of Representatives

Purpose of Party-list: to democratize political power by encouraging the growth of a multiparty system.

Rules in Party-list system:

1. Registered through national, regional, and sectoral parties or organizations.
2. Constitutes 20% of the total no. of representatives including those under the party list.

**Enumeration of qualifications in Sec. 6 is exclusive, Congress may not add anything to it.
(relate it to Maquerra v Borra)
SECTION 7: TERMS OF OFFICE OF HOUSE OF REPRESENTATIVES:
1. Shall be THREE YEARS and shall commence at noon on the 13th day of June
following their election unless otherwise provided by law.
2. No representative shall serve for MORE than THREE CONSECUTIVE terms.
Voluntary renunciation of the office at any length in time shall not be considered as an
interruption in the continuity of service for the full term for which he was elected.
**The three year term set by the Constitution may not be changed by Congress.

Unless otherwise provided by law:

- The starting date of the term of House of Representatives may be changed by law.
- Date of election can be changed (applies also to senate)
SECTION 9: In case of vacancy in the Senate of in the House of Representatives:
a. A special election may be called to fill such vacancy in the manner prescribed by
law, but
b. The Senator or member of the House of Representatives thus elected shall serve
only for the unexpired portion.
- If one is elected Representative to serve the unexpired term of another, that unexpired
portion, no matter how short, will be considered one term for the purpose of computing the
number of successive terms allowed.

Philconsa vs Gimenez- the law allows increase in salaries of congress, what is prohibited is
the immediate effectivity of law allowing retirement gratuity and commutation of vacation and
sick leave to the members of Congress until the full term of all the members of the Congress
who approved the increase have expired.

SECTION 10:
a. The salaries of Senators and Members of the House of Representatives shall be
determined by law.
b. No increase in the compensation shall take effect until after the expiration of the
full term of ALL the Members of the Senate and House of Representatives
approving such increase.

UyRicoCaluag Notes

- Special election in case of vacancy has been left to the discretion of congress in the
manner prescribed by law.

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

SECTION 8: Unless otherwise provided by law, the regular election of the Senators and
members of House of Representatives shall be held on the Second Monday of May.

Term- period of time allotted to the office by law;

Tenure- is the period during which the official actually holds office.

SECTION 11: PRIVILEGE FROM ARREST:

A Senator or member of House of Representatives shall:

a. In all offenses punishable by not more than 6 YRS IMPRISONMENT, be privileged

from arrest while in Congress is in session.
b. Shall be not questioned nor be held liable in any other place for any speech or
debate in the Congress or in any committee.

SECTION 13: No Senator or member of House of Representatives may hold any other
office or employment in:
1. The government or its:
a. Subdivision
b. Agency or
c. Instrumentality.
2. Government owned;
3. controlled-corporations;
a. its subsidiaries
during his term without forfeiting his seat.

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

**prohibition is only during the tenure, a legislator is not prevented from accepting any
appointment. However, if he chooses to accept another office, eh automatically forfeits his
seat in congress.

SECTION 12: All members of the Senate and House of Representatives shall:
a. Upon assumption of office, make a full disclosure of their financial and
business interests.
b. Notify the House concerned of a potential conflict of interest that may arise
from the filing of proposed legislation of which they are authors.

UyRicoCaluag Notes

**the action involved must be legislative action which refers to the participation in committee
and House proceedings in the consideration of proposed legislation or of other matters that
the Constitution places within the jurisdiction of the legislature.

People v Jalosjos A Congressman who has been convicted of rape and is in detention cannot
claim that he should be freed bec. of popular sovereignty and the need of his constituents to be
represented.
- Members of Congress are not exempt from detention for crime.
- They may be arrested even if the house is in session, for crimes punishable by
penalty of more than six months.
- No basis for treating him/her differently from other convicts.
Meaning of immunity from liability in speech:
a. The guarantee of immunity from answerability outside forum but not from answerability to
the disciplinary authority of the Congress itself.
b. The speech and debate must be one made in the Congress or its committee.

Purpose of privilege: to leave the legislator unimpeded in the performance of his duties and free
from harassment from outside.

He shall not be appointed to:

a. Any office which may have been created;
b. Emoluments increased during his term for which he was elected.

Regular Session:
a. Convene every year on the 4th Monday of July (unless a different date is
provided by law)
b. 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);
Special Session- can be called by the President any time. (Has no fixed limit, and can
lasts as long as the congress wants).
SECTION 16:
Par 1: Officers of Congress:
a. Senate President
b. Speaker of the House of Representatives
Par 2: A quorum to do business:
a. a majority of each house;
b. a smaller number may adjourn from day to day;
c. may compel attendance or may provide in any manner or penalties to absent
members.

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

SECTION 16: Sessions of Congress

Puyat v De Guzman- prohibition even under the guise of appearing in intervention in ones
behalf.

UyRicoCaluag Notes

Purpose of the section: prevent members of Congress from taking advantage, pecuniary of
their positions in their dealings with courts, or in their business operations or dealing with the
government agencies or corporations.

Senator of member of House of Representatives may not:

1. Personally appear as counsel before any court of:
a. Justice
b. Electoral Tribunals
c. Quasi-judicial
d. Administrative bodies
2. Directly or indirectly interested:
a. financially in any contract with or
b. In any franchise, or
c. Special privilege granted by the government its subdivision, agency, or
instrumentality including government owned or controlled-corporations or its
subsidiary
3. Intervene in any matter:
a. before any office of the government for his pecuniary benefit;
b. where he may be called upon to act on account of his office

SECTION 14: Prohibitions of Members of Congress

Par 3: Internal Rules and Discipline:

a. May be determined by each House

b. Punish its members for disorderly behavior
c. May suspend or expel a member with the concurrence of 2/3s of all its members
(provided that suspension shall not exceed 60 days).
Par 4: Each House shall keep a Journal of its proceedings:
a. From time to time publish the same but
b. Excepting such parts based on its judgments that affect national security;
c. At the request of 1/5 of the members present the yeas and nays on any
question shall be entered in the journal.
d. Shall keep a Record of its proceedings.

Quorum- basis for computing the majority of the legislative body for the purpose of
determining the existence of a quorum should normally be the total membership of the body.
Internal Rules and Discipline Osmena v Pendatun The House is the judge of what constitutes disorderly behavior
because the Constitution has conferred the jurisdiction to them and the matter depends upon
that the House knows best which the courts cannot adjudicate.
**inherent in any legislative body is its power of internal regulation and discipline.

Enrolled bill:
- a duly authenticated copy of a bill or resolution bearing the signature of the Speaker and of
the Senate President and the certification of the secretaries of both Houses that such bill was
passed.
- Conclusive to the courts/binding based on the respect due from the courts to a co-equal
body, that a duly authenticated bill or resolution imports absolute verity and an official act of
the legislature.

UyRicoCaluag Notes

Record of Proceedings- an abbreviated account of the daily proceedings which contains a

word per word transcript of the deliberations of Congress.

Purpose of keeping a Journal:

a. To insure publicity to the proceedings of the legislature and responsibility of the
members to their respective constituents;
b. Provide proof of what actually transpired in the legislature.

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

Santiago v Guingona- in the absence of constitutional or statutory guidelines or specific rules,

the Court is devoid to determine the legality of acts of Congress.
- Court may not interfere with the internal affairs of the legislatures.

Manner of choosing/electing other officers not within the ambit of the constitution:

Par 5: Recess:
Neither House during the sessions of the Congress shall not without the consent of
the other:
a. Adjourn for more than 3 days;
b. In any other place that in which the Two Houses shall be sitting.

Recess:
a. Compulsory recess- 30 days before the opening of the next regular session.

In election contests, the jurisdiction of the COMELEC ends once a candidate has been
proclaimed and has taken oath of office as Member of Congress. Jurisdiction then, passes to
the Electoral Tribunal.
Tribunals are not part of either of House or Senate. They are independent constitutional
creations which have the power to create their own rules and are not under the supervision or
control of Congress.
Suanes v Chief of Accountant:
- Employees of an electoral tribunal are its own, and neither of the Senate nor the House,
then the appointment and control of employees are rested wholly on it.
- Since the functions of the tribunal is resolving problems for the senate, it is necessary that
Appropriation for the Senate electoral tribunal is included in the budget for the Senate,

Composition of Electoral Tribunal:

a. Composed of 9 members
- 3 from justices in the Supreme Court;
- 6 from members of the Senate or House of Representatives.
b. In choosing members from House of Representatives:
- Chosen on the basis of proportional representation from the political parties and the
parties or organizations registered under the party-list representatives.
c. Senior Justice in the tribunal shall be its chairman.

UyRicoCaluag Notes

Electoral Tribunal:
- Each have shall have its own tribunal.
- Sole judge of all election contests returns, and qualifications of their respective
members.

SECTION 17:

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

b. May adjourn for a voluntary recess but neither House during the sessions of the
Congress shall not without the consent of the other adjourn for more than 3 days and in
any other place that in which the two Houses shall be sitting because the two Houses
form part of one legislative body.

SECTION 18: Commission on Appointments consists of:

the Senate President* (as an ex-officio Chairman)

12 Senators
12 members of House**

**Elected by each house on the basis of proportional representation from the political parties
and parties or organizations registered under the party-list representatives.
*The Chairman of the Commission shall not vote, except for a case of a tie.
The Commission shall:
- Act on all appointments submitted to it w/in 30 session days if Congress from their
submission.
- Rule by a majority vote of all Congress.

COA- shall meet only while the Congress is in session at the call of its chairman or
majority of its members to discharge its functions.
- COA is formed through the instrumentality of the two houses of Congress but once the
COA is formed, it is independent of Congress which can promulgate its own rules and the
SC cannot pass upon the correctness of its own rules.
Function of COA:
- Is to consent to or confirm nominations or appointments submitted to it by the President
pursuant to Art. VII, Section 16 which enumerates the appointment which needs action by
the COA.
- Intended as an administrative check on the appointing authority of the President.

SECTION 21:
Limitations on the power of legislative investigation:
a. In aid of legislation;
b. In accordance with its duly published rules of procedure;
c. The rights of persons appearing in or affected by such inquiries shall be
respected.

UyRicoCaluag Notes

SECTION 20:
Records and Books of Accounts shall be:
a. Preserved and be open to the public in accordance with law;
b. Audited by the COA which shall be published annually in itemized list of
amounts paid to and expenses incurred for each member.

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

SECTION 19: The Electoral Tribunal and the Commission on Appointments (COA) shall
be constituted within 30 days after the Senate and House of Representatives have
been organized with the election of its Speaker and President.

Purpose of legislative inquiry:

Arnault v Nazareno A legislative body cannot legislate wisely or effectively in the absence
of information respecting conditions which the legislation is intended to affect or change; and

where the legislative body does not itself possesses the requisite information which is not
infrequently true- recourse must be had to others who do not possess it.
To protect the rights of the witnesses, a duly published rule of procedure is required. Violation of
these rules would be an offense against due process.
Neri v Senate- A senate as an institution is continuing since it is not dissolved as an entity with
each national election but in the conduct of its day to day business of each Congress acts
separately and independently of the Senate of the Congress before it, thus, a published rules is
needed.

Senate v Ermita- Anyone may be summoned except the President and Justices of the
Supreme Court.
**since the Department heads are alter egos of the President and separation of powers, they
may not appear without the permission of the President. But only applies to Department
heads and not to everyone who has cabinet rank.
Section 22 establishes the rule for the exercise of what is called the oversight function of
Congress which intended to enable the Congress to determine how laws it has passed are
being implemented.

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

Two kinds of legislative inquiry:

a. Question Hour- intended to serve not so much as an aid to legislation but as an
instrument for keeping administration in line.
b. In aid of legislation (Sec. 21 which is mandatory)

The appearance shall be conducted in executive session when:

a. Security of the State or
b. Public Interest requires;
c. President states in writing.

UyRicoCaluag Notes

Written questions shall be:

a. Submitted to the Senate president or Speaker of the House at least 3 days
before their scheduled appearance.
b. Interpellations shall not be limited to it but may cover matter related to the
questions.

SECTION 22:
The Heads of Departments may appear before and be heard by the House on any
matter pertaining to their departments through:
a. Their own initiative with the consent of the President;
b. Request of either house as the rules of each House shall provide.

Right of witnesses in the legislative inquiry is in relation to the Bill of rights of

unwarranted/unreasonable seizures and searches and demand due process of law.

SECTION 23:
Par 1: Congress has the sole power to declare the existence of war by a vote of 2/3s of
both Houses in joint assembly but voting separately.

10

Par 2: Congress may, by law, authorize the President to exercise legislative power only in
times of War or other national emergency but:
a. For a limited period only;
b. Subject to restrictions as Congress may prescribe;
c. Necessary and proper to carry out a declared national policy
d. Unless sooner withdrawn by the resolution of the Congress, such powers shall
cease upon its next adjournment.
War- defined as armed hostilities between two states.
Art. II Sec. 2- renounces war as an instrument of National policy but not defensive war.

Shall originate exclusively in the House of Representatives all the:

a. Appropriations
b. Revenue or Tariff bills
c. Bills authorizing increase of the Public debt
d. Bills of local application
e. Private bills
But the senate may propose or concur with amendments.
Appropriations its purpose is to set aside a sum of money for public use.
Revenue or Tariff bills for raising revenues or taxes.
Bills of local application are those whose reach is limited to specific localities, such for an
instance the creation of a town.
Private bills affects private persons, such as a bill granting citizenship to a specific
foreigner.

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

SECTION 24:

When the Congress is not in session and unable to act in emergency situations, the
President is stripped of his emergency powers.

UyRicoCaluag Notes

Legislative power conferred to the President may be withdrawn by resolution and not
necessary a statute because a resolution does not need approval of the President.

Even a martial law situation does not allow the President to supplant the legislature, the
authority which can be given by the legislature must be necessarily be a very limited one ad
certainly not amounting to the legislatures abdication of power.

The Constitution gives the legislature the power to declare the existence of a state of war ad
to enact all measures to support war, the actual power TO MAKE WAR is lodged in the
executive power. The executive power when necessary, may make war even in the absence
of declaration of war by the Congress.

Theory behind shall originate exclusively in the House of Representatives:

a. District representatives are closer to the pulse of the people than senators;

11

b. They are in a better position to determine both the extent of the legal burden they are
capable of bearing and the benefits they need.

Tolentino v Sec. of Finance:

Shall originate exclusively in the House of Representatives means simple that the House
alone can initiate the passage of a revenue bill, if the House does not initiate, no revenue law
shall be passed.

SECTION 25:
Restrictions on the Power to Appropriate:
Par 1:
a. Congress may not increase the appropriations recommended by the President
for the operation of the Government as specified in the budget.
b. The form, content, and manner of preparation of budget shall be prescribed by
law.

Par 3: The procedure in approving appropriations for the Congress shall strictly follow
the procedure for approving appropriations for other departments or agencies.

Par 5:
a.
b.
-

Par 4: A special appropriation shall:

a. specify the purpose for which it is intended, and
b. shall be supported by funds actually available as certified by the National
Treasurer or
c. to be raised by a corresponding revenue proposal.

UyRicoCaluag Notes

Par 2:
a. No provision or enactment shall be embraced in general appropriations bill
unless it relates specifically to some particular item of appropriation, and
b. every such provision shall be limited in its operation to the appropriation item
to which it relates.

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

Senate are not bound to retain the essence of the bill which the House approved. It is the
bill which should originate exclusively from House and not the law itself which is the product
of both Houses.

Once the House has approved a revenue bill and passed on the Senate, the Senate can
completely overhaul it, by amendment of parts or substitute it and come out with one
completely different from what the House has approved.

No law shall be passed authorizing any transfer or appropriations; however,

However the:
President,
Senate President,

12

Speaker of the House,

Chief Justice of SC, and
Heads of Constitutional Commissions

may by law be authorized to augment any item in general appropriations law for their
respective offices from savings in other items of their respective appropriations.
Par 6: Discretionary funds appropriated for particular officials shall:
a. Be disbursed only for public purposes to be supported by appropriate vouchers,
and
b. Subject to guidelines as may be prescribed by law.

- The power to appropriate is as broad as the power to tax.

- Appropriations must be for the public purpose.
SECTION 26:
Par 1: every bill passed shall embrace only one subject which shall be expressed in its
title.
Par 2: Manner of Passing of law:
a. Passed 3 readings in separate days;
b. Printed copies has been distributed to its members 3 days before its passage
except when the President certifies to the necessity of its immediate enactment to
meet a public calamity or emergency.
In the last reading of the bill:
a. No amendment shall be allowed
b. Vote shall take immediately;
c. Yeas and Nays entered in the journal.
One subject rule is mandatory to:
1. Prevent hodge-podge or log-rolling legislation;
2. Prevent surprise or fraud upon the legislatures;
3. To fairly apprise the people to inquire into the body of the bill, study and take
appropriate action if necessary.

Purpose of Par 5: to afford the different branches of the government considerable flexibility in
the use of public funds and resources as may provide by law.

UyRicoCaluag Notes

Par 2:
Riders- provisions unrelated to the appropriation bill.

Purpose of Par 1: to prevent big budget deficit.

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

Par 7: If at the end of any fiscal year, the Congress shall have failed to pass the
General appropriations bill for ensuing fiscal year shall:
a. Be deemed re-enacted
b. Remain in force and effect until the general appropriations bill is passed by the
Congress.

13

The Constitution does not require the Congress to employ in the title of an enactment language
of such precision as to mirror, fully index or catalogue all the contents and minute of details. It
suffices that the title should serve the purpose of the Constitutional demand that inform the
legislators, and people interested of the nature, scope and limitations of the bill.
Purpose of the last reading: to force legislators to take a deep breath before making the final
plunge of approval.
SECTION 27:
Par 1: Every bill passed by the Congress shall before it becomes a law be:

Conference Committee extra-constitutional creation of Congress whose function is to

propose to Congress ways of reconciling conflicting provisions found in the Senate version
and House version of a bill.
Their proposals need confirmation by the both Houses of Congress.
Par 2: general rule is that if the President disapproves of a provision in a bill approved by
Congress, he should veto the entire bill. He is not allowed to veto separate parts of a bill
while retaining others. It is only in the case of appropriation, revenue, and tariff bills that he is
authorized to exercise item-veto.
An item in a bill is the particulars, the details, the distinct and separable parts of the bill.
Doctrine of Inappropriate provisions- a provision that is constitutionally inappropriate for
an appropriation bill may be singled out for veto even if it is not an appropriation or revenue
item which only the President can exercise.

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

Tanada v Tuvera- unless otherwise provided refers to the date of effectivity which can be
changed and not the omission of publication because without publication, would offend due
process because it would deny the public knowledge of laws that are supposed to govern
them.

Par 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 to
which he does not object.

UyRicoCaluag Notes

3. The President shall communicate his veto of any bill to the House where it
originated after 30 days if not, it shall become a law as if he had signed it.

2. 2/3s of all the members of the House shall agree to pass the bill, it shall be sent
together with the objections, to the other house and after reconsiderations and 2/3s of
its members agreed, bill shall become a law.

1. Presented to the President.

a. If he approves shall sign it
b. If not veto it and return with his objections to the House where it originated.
c. proceed to reconsider after the objections has been recorded in the journal.

Another way of exercising executive veto is through impoundment.

14

It simply means refusal of the President to spend funds already allocated by Congress
for a specific purpose.
- The duty of the president to implement the law includes the duty to desist from
implementing it when the implementation would prejudice public interest.
SECTION 28:

The power to tax has been recognized as an instrument of national economic and social
policy. It should exercise only for public purpose.
Churchhill v Concepcion- uniformity in the Constitution does not signify an intrinsic, but
simply a geographical uniformity.., a tax is uniform when it operates with the same force and
effect in every place where the subject of it is found.
Tan v del Rosario- Uniformity of taxation simply means:
1. Standards that are used are substantial and not arbitrary;
2. The categorization is germane to achieve legislative purpose
3. Law applies, all things equal, to both present and future conditions;
4. Classification applies equally well to all those belonging to the same class.
Tax exemptions- must be for a public purpose, uniform and equitable, and in conformity with
equal protection clause.
Purpose of Tax exemptions:
Charities- to enhance the service they are capable of giving.
Religious property- ensure religious liberty.
Educational institutions- for the sake of making quality education affordable to all.

Power to tax is inherent power of government. Section 28 enumerates the limitations of

inherent and almost unlimited power.

UyRicoCaluag Notes

Par 4: Tax exemptions need the concurrence of all the members of the Congress.

Par 3: The ff. institutions are exempted from taxation:

a. Charities
b. Churches and parsonages/convents
c. Mosques
d. Non-profit cemeteries
e. Lands, buildings, and improvements used for charitable, religious or
educational purposes.

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

Par 1: Rule of taxation:

a. Uniform
b. Equitable
c. Congress evolves a progressive system of taxation.
Par 2: Congress may, by law, authorize the President within specified limits and subject
to limitations and restrictions to fix:
a. Tariff rates
b. Import and export quotas
c. Tonnage and wharfage dues
d. Other duties or imposts within the framework of the national development
program of the government.

15

Elements to be considered to determine if the institution is a charity, educational or religious:

a. Statute creating the enterprise
b. Its corporate purpose
c. Its constitution and by-laws
d. Methods of administration
e. Nature of actual work performed
f. Character of the services rendered
g. Indefiniteness of the beneficiaries
h. Use and occupation of the properties

After the congress has made the appropriation, it is the executive that actually spends the
fund.
SECTION 30: No law shall be passed INCREASING the APPELATE jurisdiction of the
Supreme Court as provided in this Constitution WITHOUT its ADVICE and
CONCURRENCE.
In relation to Sec. 2 Art. VIII which gives the Congress the power to apportion jurisdiction of
courts. Thus, Congress is free to add to or subtract from the powers of the courts except
insofar as these has been fixed by the Constitution. Increasing the jurisdiction of the SC
needs advice and concurrence of the Court.

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

Par 3: All money collected on any tax levied for a special purpose shall:
a. Be treated as a special fund and paid out for such purpose only.
b. If its purpose has been fulfilled or abandoned, the BALANCE, if any, shall be
TRANSFERRED TO the general funds of the GOVERNMENT.
Congress alone can authorize the expenditure of public funds through its power to
appropriate. The power to appropriate carries with it the power to specify not just the amount
that may be spent but also its purpose.

Except when such priest, preacher, minister or dignitary is assigned to the Armed
Forces, or to any penal institution, or government orphanage or leprosarium.

UyRicoCaluag Notes

For the use, benefit, or support of:

a. Any sect, church, denomination or system of religion
b. Secretarian institution
c. Priest, preacher, minister or other religious teacher or dignitary

Par 2: No public money shall be:

a. Appropriated,
b. Applied,
c. Paid, or
d. Employed, directly or indirectly,

SECTION 29:
Par 1: No money shall be paid out of the treasury except in pursuance of an
appropriation made by law.

16

SECTION 31: No law granting a title of royalty or nobility shall be enacted.

SECTION 32:

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

I
UyRicoCaluag Notes
I

Requirements of Initiative and referendum:

a. The Congress shall, as early as possible, provide for a system of initiative and
referendum, and
b. Provide for their exceptions
c. Registered petition of rejection/propose laws signed by at least 10% of the total
number or registered voters
d. Every legislative district must be represented by at least 10% of the registered
voters.

Power of Initiative and referendum where the people:

a. can directly propose and
b. enact laws or
c. approve or reject any law or part of it which was passed by the Congress or local
legislative body

17

ART.VIII: JUDICIAL DEPARTMENT

DISSECTED PROVISION:
NOTE: Some may appear Similar to the notes that follow
Sec.1:
Judicial Power vested on:
- ONE Supreme Court
- Lower Courts
Judicial Power includes:
- Settle actual controversies involving rights (demandable/enforceable)
- Determine grave abuse of discretion

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

I

Sec.5:
Powers of Supreme Court:
- Jurisdiction over cases heard in affecting ambassadors, public ministers and consuls
- Jurisdiction on petitions
- On appeals and certiorari under the following cases:
o Constitutionality
o Legality (tax, toll, assessment, impost)
o Lower Court Decisions
o Crimes having reclusion perpetua as penalty
o Cases involving errors/question of law
- Temporary Assignment of judges
- Change of venue of trial
- Promulgate rules on:
o Constitutional rights
o Pleadings
o Practice
o Court Procedure
o Admission to practice
o IBP
o Legal Assistance

UyRicoCaluag Notes

Sec.4:
Supreme Court is composed of:
- One SC Chief and 14 Associate Justices
Vacancy is filled within 90 day period
Cases heard in EN BANC: (see notes)
Concurrence by majority who participated in the case hearing is needed for resolving or
deciding.
Cases from the Division not attaining the required number may be raised to En Banc except
court doctrines /principles.

Sec.3:
Judiciary enjoys fiscal autonomy
Appropriations cant be reduced by Legislature

Sec.2:
Congress power in judiciary includes:
- Decision on jurisdiction (define/describe/apportion)
Reorganization of Judiciary affecting security of tenure is prohibited.

18

o Invalidation of Rules of Special Courts and Quasi-Judicial Bodies

Appointment of judicial officials

Sec.10:
Salary of Judicial Members are fixed by law
No Decrease is allowed within their continuance of office
Sec.11:
Offices of judges and justices ends when:
- They reach 70
- Incapacitated
- Should be in good behavior

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

I

Sec. 9:
President appoints SC and Lower Court judges and justices
3 nominees for every vacancy are passed by the JBC
No confirmation is needed
(For lower Courts) 90 day limit is given for submission of appointments

UyRicoCaluag Notes

Sec.8:
Judicial Bar Council (JBC) created by SC includes:
- Chief Justice (ex-officio)
- DOJ Secretary (ex-officio)
- Congress Representative (ex-officio)
- SC Clerk of Court (ex-officio Secretary)
- IBP representative
- Law professor
- Retried SC Justice
- Private Sector Representative
President Appoints regular members for a four year term with consent of Comm. On
Appointments
Regular members receive emoluments from budget set by Supreme Court.
Principal function by JBC is to recommend appointment and other function are determined by
SC.

Sec.7:
Qualifications:
SC or Lower Collegiate Courts:
- Natural born citizen
- At least 40yrs. old (for SC only)
- (for SC only) judge for 15 years or more
- With competence, integrity,probity,independence
Lower Court Judges:
- Qualifications set by Congress
- Natural Born Citizen
- IBP member
- With competence, integrity,probity,independence

Sec. 6:
Administrative power- SC over all courts and personnel

19

SC en banc has power to:

- Discipline judges of lower courts
- Order dismissal or judges of lower courts upon majority vote
Sec.12:
No designation of Members to other quasi judicial/administrative agency

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

I

Sec. 16:
Submission of Annual Report:
- Within 30 days FROM the opening of the regular session of each house of Congress
Submitted to:
- Congress
- President

UyRicoCaluag Notes

Sec. 15:
Period of case resolution for every court (see Notes)
Cases are deemed submitted upon filing of required papers by the Rules of Court/the Court
itself (pleadings, memos etc.)
A certification of why a case is not resolved shall be furnished signed by SC chief or presiding
judge. This is given to the parties.
After the expiration of mandatory period for a case, the case should be resolved without
further delays

Sec.14:
Decisions must state:
- Facts (clearly and distinctly)
- Law basis
Petition for Review/Motion for reconsideration must state:
- Legal basis

Sec.13:
En Banc /division Decisions both SC and lower Collegiate Courts must be:
- Reached in consultation before assigned to the member who will write the decision
(ponente)
- Such consultation is signed by SC Chief and recorded and reproduced
- Dissents must state reasons

20

ARTICLE VIII: JUDICIAL DEPARTMENT

NOTES/ QUESTION & ANSWER

What is Judicial Power?

o duty 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

Can the Court settle all disputes?

o No. Only Actual controversies involving demandable and enforceable rights

What are the legally and demandable rights?

o This is determined by the legislature and the Constitution.

What is grave abuse of discretion?

o When: (1) act is done contrary to Constitution/law/jurisprudence; (2) there is
capricious/arbitrary and whimsical exercise of judgment (Infotech Foundation,
et al. vs. COMELEC)

Can the Courts hear all cases of grave abuse of discretion?

o No. it should be amounting to lack or excess of jurisdiction on the part of any
branch or instrumentality of the Government

Difference between Declaratory judgment and Advisory opinion

DECLARATORY
ADVISORY OPINION
JUDGMENT
Involves parties with Response to a legal issue
real conflicting legal
posed in abstract of any
interests
actual case that may be
presented.
Final
and
forever Binds no one
binding to parties
Judicial
Not Judicial

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

What is the power given to the Courts?

o Judicial Power

UyRicoCaluag Notes

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.

May the judiciary assume quasi-judicial power?

o NO. Quasi-judicial power such as sitting as one of the boards of arbitrator is
not within the bounds of judicial power but rather under the power of
administrative agencies. (Manila Electric Co. v. Pasay Transportation Co.)

21

No inherent power in the Executive and Legislative to charge the judiciary with
administrative functions except when reasonably incidental to the fulfillment of
judicial duties (Noblejas v. Teehankee); Example: when law provides that
settlement of disputes between departments and agencies is through
administrative actions having decisions equal to decisions of court of justice
(PHIVIDEC v. Velez)

May the Congress pass a law changing the jurisdiction of the lower Courts?
o Yes, that is why they were able to pass BP129 but it shall not be courts that
will have equal power with the Supreme Court since there can only be one
Supreme Court. (Vargas v. Rilloraza; Lopez v. Roxas)
o Authority to create courts includes authority to abolish them. (Vargas v.
Rilloraza)

May the Congress enact law changing the jurisdiction of the Supreme Court?
o Yes except the following:
Jurisdiction over cases under Sec. 5 of ART.VIII
In cases of increasing appellate jurisdiction of the Supreme Court,
there should be advice and concurrence from the Supreme Court. (see
Sec.30, Art.VI)

Can the Courts exercise judicial power when there is no applicable law?
o No. It has no authority to entertain/perform judicial action when there is no law
authorizing such proceedings e.g. declaration of citizenship; reversal of
awards of a board of judge in an oratorical contest. (Channie Tan v. Republic;
Felipe v. Leuterio)

What is Jurisdiction?
o Authority of a court to exercise judicial power in a specific case and is a prerequisite of judicial power.

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

What is the role of Legislature in judicial process?

o (1) Define demandable and enforceable rights; (2) determine which court has
jurisdiction to hear and decide a dispute

What does fiscal autonomy mean?

o Expressed in second sentence of the provision: 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

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.

UyRicoCaluag Notes

Section 2: The Congress shall have the power to define, prescribe, and apportion the
jurisdiction of the various courts but may not deprive the Supreme Court of its
jurisdiction over cases enumerated in Section 5 hereof.
No law shall be passed reorganizing the Judiciary when it undermines the security
of tenure of its Members.

22

May the Congress Increase or decrease the composition of the Supreme Court?
o No. As same with 1973 and 1935 Constitution interpretation, such composition
cant be changed by ordinary legislation.

How many divisions can the Supreme Court have?

o in division of three, five, or seven Members; There can be 5 divisions of 3
members, 3 divisions of 5 members, 2 divisions of 7 members.

When does the 90-day countdown for filling the vacant seat in the Supreme Court
starts?
o From the time the vacancy occurred. Date of the retirement or dismissal of the
Justice.

Can cases decided by the divisions concurred by the majority of the members who
participated in the deliberation be appealed to en banc?
o No. The Decision of the division is the decision of the Supreme Court.
Decisions/ resolutions of the divisions are not inferior to en banc decisions.
The Supreme Court sitting en banc is not an appellate court vis--vis its
Divisions. (Firestone Ceramics v. Court of Appeals)

What are cases decided in en banc?

Section 4:
1. The Supreme Court shall be composed of a Chief Justice and fourteen Associate
Justices. It may sit en banc or in its discretion, in division of three, five, or seven
Members. Any vacancy shall be filled within ninety days from the occurrence
thereof.
2. All cases involving the constitutionality of a treaty, international or executive
agreement, or law, which shall be heard by the Supreme Court en banc, and all
other cases which under 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.
3. 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 three 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 or in division may be modified or reversed except by the court sitting en
banc.

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

May the Congress enact a law reducing the appropriation for the judiciary?
o No. They cannot reduce such appropriation less of that from the previous year
because it is a violation of this provision.

UyRicoCaluag Notes

Why is fiscal autonomy granted?

o To strengthen judicial Independence

23

When Court sits in En Banc, how many members can decide on a case?
o Concurrence of majority of those who participated there on
o Since a quorum is composed of 8, the majority number is 5

In a resolution of Motion for Reconsideration, can it be appealed to en banc when the

necessary three votes are not obtained in the division due to a tie?
o No. Motion for Reconsideration connotes that there is already a decision by
the division and thus, a tie of votes mean that the required number to
reconsider the case was not obtained and the decision is that the petitioner
lost. It is not qualified in the clause When the required number is not obtained,
the case shall be decided en banc. (Fortich v. Corona)

Section 5: The Supreme Court shall have the following powers:

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.
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 relation 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. 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.
4. Order a change of venue or place of trial to avoid a miscarriage of justice.

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

When Court sits in divisions, how many members can decide on a case?
o Cases can be decided by as few as a minimum of three votes.

UyRicoCaluag Notes

The following are:

Involves constitutionality of a treaty, international/executive agreement or
laws
Constitutionality of applications/operation of presidential Decrees,
proclamations, orders, instructions, ordinances and other regulations
Cases heard in division but required majority number is not obtained
When SC reverses or modifies a doctrine previously laid by division or en
banc
Administrative cases involving dismissal or disciplinary action for a judge
of a lower court
Election contests for President and Vice President
Thos provided by the Rules of Court

24

Is judicial review the totality of judicial power?

o No. Judicial review is merely an aspect of the judicial power.

What are the requisites for judicial review?

o The following are:
Actual case requiring exercise of judicial power- Court do not decide on
hypothetical/feigned problems or moot and academic cases (with
exceptions)
Ripeness- determined when the governmental act being challenged
has had a direct adverse effect to the individual challenging it (PACU v.
Secretary of Education; Tan v. Macapagal)
Locus Standi
Questions of constitutionality should be raised on earliest opportunity
Question of constitutionality should be unavoidable or the very lis mota
(central issue of the case)

May the court decide on questions of law even in the absence of actual case or
controversy?
o Yes. There are exceptions to the rule, for instance, lack of clarity creating
confusion and is detrimental to public order. (Solicitor General v. Metropolitan
Manila Authority)

What is Locus Standi/Legal Standing?

o A personal and substantial interest in the case such that he has sustained or
will sustain direct injury as a result of the enforcement of a governmental act.
o Other legal standing are those accorded to the members of the Congress and
to the taxpayers

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

What is the power of judicial review?

o Power to decide on the Constitutionality of applications/operation of
presidential Decrees, proclamations, orders, instructions, ordinances and
other regulations
o Power to decide on treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction, ordinance, or regulation

UyRicoCaluag Notes

What are the powers of the Supreme Court?

o Paragraphs 1 and 2 provide its jurisdiction over the enumerated cases.
Paragraphs 3 to 6 provide the auxiliary administrative power of the Supreme
Court.

5. 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 under-privileged.
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.
6. Appoint all officials and employees of the Judiciary in accordance with the Civil
Service Law.

25

What are political Questions?

o 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 (Tanada v.
Cuenco)
o (Baker v. Carr) Characteristics are:
Textually demonstrates constitutional commitment of the issue to a
political department
Lack of judicially discoverable and manageable standards for resolving
Impossibility of deciding without an initial policy determination of a
clearly non-judicial discretion
Impossibility of undertaking independent resolution without
disrespecting coordinate branch of government
Theres unusual need for unquestioning adherence to a political
decision already made
Potentiality
of
embarrassment
from
multifarious/diverse
pronouncements by various departments on one question

What are the powers of the courts over appeals or certiorari?

o Review, revise, reverse, modify, or affirm

What is the length of effectivity of temporary assignment of judges of lower courts?

o Not exceeding Six months unless there is consent from the concerned judge

May the legislature promulgate rules that will determine who shall pass the Bar exam
or shall issue the average satisfactory grade?
o No. Such power is vested only to the Supreme Courts as stated in Sec.5 Par.5

May the Supreme Court promulgate rules concerning protection and enforcement of
constitutional rights?
o Yes but it is subject to limitation as follows:
There should be Simplified and inexpensive procedure for speedy
disposition.
It shall be uniform to all courts of the same grade
They shall not diminish/increase/modify substantive rights.

What are substantive rights?

o Rights which one enjoys under the legal system prior to the disturbance of
normal relations (Bustos v. Lucero)

What are Substantive laws?

o Laws that creates, defines and regulates rights which the courts are
established to administer. (Bustos v. Lucero)

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

What is the political question doctrine?

o The court generally does not perform judicial review over political questions.

UyRicoCaluag Notes

In the absence of locus standi, can the Court still decide on the case?
o Yes if such case holds paramount interest to the people, constitutional
significance, and transcendental importance to the public.

26

What are Special Courts and Quasi-Judicial Courts?

o Special Courts include:
Sandiganbayan
Court of Tax Appeals
Shari'a District Courts
Shari'a Circuit Courts
o Examples of Quasi-Judicial Bodies are: NLRC, COMELEC, Committee on
Human Rights etc.

What is the power of Supreme Court over Special Courts and Quasi-Judicial Courts?
o SC can invalidate their rules of procedure. However, they themselves develop
their own rules not the Supreme Court.

May the President or the Legislature appoint court officials and employees?
o No pursuant to Sec.5 Par. 6, only Supreme Court can do so.

Section 6: The Supreme Court shall have administrative supervision over all courts
and the personnel thereof.
-

May the office of the Ombudsman take cognizance of cases involving judges and
other court personnel?
o NO. The Supreme Court should first determine if administrative aspect is
involved in and decide on it before other cases be filed to the Office of the
Ombudsman. (Fuentes v. Office of the Ombudsman; Maceda v. Vasquez;
Caoibes v. Ombudsman)

May the Ombudsman proceed with its investigation of judges and court personnel
involving acts or omissions appearing to be illegal, unjust, improper or inefficient
[pertaining to criminal cases]?
o YES [in contrary to the ruling of Fuentes v. Office of the Ombudsman and
other precedents] citing the following authorities:
Sec. 15 of RA 6770 or the Ombudsman Act of 1989, the clause it
may take over, at any stage, from any investigatory agency of
Government, the investigation of such cases
Art. XI Section 13, Par.1 of 1987 Constitution

Section 7:
1. No person shall be appointed Member of the Supreme Court or any lower collegiate
court unless he is a natural-born citizen of the Philippines. A Member of the
Supreme Court must be at least forty years of age, and must have been for fifteen

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

What does Bar mean?

o Collectivity of all those persons appearing in the Roll of Attorneys

UyRicoCaluag Notes

What are remedial laws?

o Prescribes methods of enforcing rights or obtains redress of their invasion.
(Bustos v. Lucero)

27

May the Congress prescribe qualifications of judges of lower collegiate courts?

o Yes. Lower Collegiate Courts are also considered Lower Courts

Are the provision of Sec.7 Par. 1 apply to Judges of Lower Courts?

o Yes, but only to lower collegiate courts. Congress prescribes the qualification
of judges of lower courts provided that he/she is a citizen of the Philippines
and a member of the Philippine Bar.

May the Congress prescribe qualifications for members of judiciary other than the
judges?
o NO

What are the characteristics required by the constitution for members of the judiciary?
o competence, integrity, probity, and independence

Does the qualification in paragraph 3 only apply to lower courts?

o No. The phrase Members of Judiciary pertains to all court Members from
Supreme Court judges to judges of lower courts.

May the Congress alter the Qualifications of Members of Judiciary?

o Yes and No. Congress may not alter qualifications of Supreme Court and
Constitutional qualifications of other members. But they can alter statutory
qualifications of judges and justices of lower courts.
Section 8:
1. A Judicial and Bar Council is hereby created under the supervision of the Supreme
Court 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
Supreme Court, and a representative of the private sector.
2. The regular members of the Council shall be appointed by the President for a term
of four years with the consent of the Commission on Appointments. Of the
Members first appointed, the representative of the Integrated Bar shall serve for
four years, the professor of law for three years, the retired Justice for two years,
and the representative of the private sector for one year.

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

May the Congress prescribe the qualifications of Justices of the Supreme Court?
o No. The provision says only of the lower Courts. The Judicial Bar Council does
the said task.

UyRicoCaluag Notes

What are the Collegiate Courts?

o These are courts with more than one member/judge. Supreme Court, Court of
Tax Appeals, Court of Appeals and Sandiganbayan

years or more, a judge of a lower court or engaged in the practice of law in the
Philippines.
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 Philippines and a
member of the Philippine Bar.
3. A Member of the Judiciary must be a person of proven competence, integrity, probity,
and independence.

28

Are all the members of Judicial and Bar Council appointed by the President?
o NO. There are ex-officio (by virtue of position) members namely: Chief Justice,
DOJ Secretary, Representative of Congress and Clerk of Supreme Court as
the ex-officio Secretary of the JBC, who are not anymore appointed. S/He can
only appoint a representative of the Integrated Bar, a professor of law, a
retired Member of the Supreme Court, and a representative of the private
sector. Their terms are described in par. 2 Sec.8

May the President appoint officials of the Supreme Court other than the Justices and
Judges?
o NO. Pursuant to Sec.6 of this Article, the Supreme Court has the power to do
the appointments of other judicial officials.

Does the Congress appropriate a separate annual budget for the Judicial and Bar
Council?
o No. Par. 4 states that the budget for the Council will come from the annual
budget appropriated by the Congress for the Supreme Court.

What house of Congress does its representative in JBC originate?

o Current practice is it comes from both houses but each gets a half vote. The
Constitutional Convention contemplated having a legislature that is a
unicameral body before that is why only one representative comes from the
Congress.

Aside from recommending appointees, may the JBC hold any other function?
o Yes. Recommending appointees is their principal function. They could have
other Functions and duties but the Supreme Court should assign such.

Section 9: The Members of the Supreme Court and judges of lower courts shall be
appointed by the President from a list of at least three nominees preferred by the
Judicial and Bar Council for every vacancy. Such appointments need no confirmation.
For the lower courts, the President shall issue the appointment within ninety
days from the submission of the list.

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

Who appoints Judges and Justices?

o The Judicial and Bar Council

UyRicoCaluag Notes

3. The Clerk of the Supreme Court 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 Supreme Court. The Supreme Court 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.

Is it necessary for the appointment of The Members of the Supreme Court and judges
of lower courts be confirmed by the Commission on Appointment?
o No. The Judicial and Bar Council does the screening of the nominees, which is
similar to the function performed by the Commission on Appointment.

29

The rationale of creating JBC is to remove politics from appointments of judges

and justices. [although does not manifest in reality]

What is the process of appointment of Justices and Judges?

o Applications are submitted to the Judicial and Bar Council. The Council Screens
the applicants. A final list of three nominees for every position is submitted to the
President for appointment/decision.

When does the 90 day limit of he president begin for the submission of appointments of
lower court judges?
o Upon the submission of the list of the JBC

Is the salary of the Judges and Justices subject to tax impositions?

o Yes [contrary to the ruling in Endencia v. David and Perfect v. Meer], the true
intent of the framers was to make the salaries of the judiciary taxable. (Nitafan
v. Commissioner of Internal Revenue)

Section 11: The Members of the Supreme Court and judges of the lower court shall
hold office during good behavior until they reach the age of seventy years or become
incapacitated to discharge the duties of their office. The Supreme Court en banc shall
have the power to discipline judges of lower courts, or order their dismissal by a vote
of majority of the Members who actually took part in the deliberations on the issues in
the case and voted in thereon.
-

What does good behavior mean?

o Free from administrative charges/ free from constitutional grounds for
impeachment

Who determines good behavior of judges of lower courts?

o Only the Supreme Court since they alone can order dismissal of the judges of
lower courts.

Who decides for the disciplinary actions for judges of lower courts?
o Codal provision says: The Supreme Court sits in en banc in all disciplinary
cases in all lower courts including collegiate courts.
o [Contrary answer to the above answer is the ruling of People v. Gacott by
Justice Regalado] Disciplinary actions are decided in en banc only if penalty is
dismissal of a judge, disbarment of lawyer, suspension of either for more than
one year or a fine exceeding 10,000 pesos.

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

May the Congress pass a law standardizing the salary of judicial officials other than
justices and judges?
o Yes, given that no constitutional provision prohibits such act

UyRicoCaluag Notes

May the Congress pass a law standardizing the salary of the judges and justices?
o No, during their continuance of office. However, the Congress may alter
benefits or any other emoluments after their retirement.

Section 10: The salary of the Chief Justice and of the Associate Justices of the
Supreme Court, and of judges of lower courts shall be fixed by law. During the
continuance in office, their salary shall not be decreased.

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Who can Impeach Justices?

o Only Congress

What is the compulsory retirement age of Members of Judiciary?

o 70 years of age. (Similar to 1935 and the 1980 amendment of the 1973
Constitution)

Does the doctrine of De La Llana v. Alba stand given provisions of Sec.2 and Sec.11
of Art.VIII of 1987 Constitution?
o Yes. Since the case mentions that, the reorganization does not undermine
security of tenure. This is a situation where there was logically no removal of
office because it implies that an office exist after the ouster. No office means
no guarantee of security of tenure was undermined.

What is the scope of Security of tenure?

o Guarantees not just against actual removal but also of uninterrupted continuity
of tenure (Vargas v. Rilloraza)

Section 12: Members of the Supreme Court and of other courts established by law
shall not be designated to any agency performing quasi-judicial or administrative
function.
-

Given the provision, can the Members of the Supreme Court and of other courts be
designated to agencies performing quasi-legislative function if established by law?
o There is no such agency performing quasi-legislative function.

Section 13: The conclusions of the Supreme Court in any case submitted to it for the
decision en banc or in division shall be reached in consultation before the case the
case assigned to a Member for the writing of the opinion of the Court. A certification to
this effect signed by the Chief Justice 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 court.
-

Does Section 13 apply to judges of RTCs and MeTCs/MTCs?

o NO. These courts are single member courts and not Collegiate courts.

Does the absence of certification invalidate a decision?

o No. Regular performance of duty is presumed. Such Absence of certification
would only be a ground for holding the official responsible for such omission.

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

May the president order the removal of a judge or justice?

o No, they are removed only by impeachment

UyRicoCaluag Notes

May the Congress or the President decide on the incapacity to discharge duties of a
judge or a justice?
o No. Although the Constitution is silence about it, such function is part of the
overall administrative power which the Supreme Court has over its Members and
over all members of the Judiciary. (Sec.6 Art. VIII)

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What is the rationale of requiring explanation of non participation or abstention?

o To encourage participation

Aside from explanation of abstention or non-participation, what else encourages

participation form Judges?
o The requirement that each dissent must state the reason for such
o This requirement also acknowledges the fact that dissents sometimes becomes
the majority opinion.

What are decisions?

o Final determination made by a court of the substantive issues brought for
resolution
o Happens after filing briefs/memoranda or all other pleadings

Is the termination by a military tribunal with simply a verdict of guilty or not guilty a
violation of this provision?
o No because the military tribunal is not a court of record within the meaning of
this provision

Will the failure of the court to state the contentions of the appellant and the reason for
refusing to believe them, mean an infringement of this provision?
o No, so long as the decision contains necessary facts to warrant its
conclusions. Law insists the stating of essential ultimate facts only. (Air France
v. Carrascoso)

What is the effect of failure to follow rule on contents of decision?

o It would be grounds for disciplinary action for lower courts and impeachment
for Supreme Court Members.

Section 15:
1. All cases or matters filed after the effectivity of this Constitution must be decided
or resolved within twenty-four months from date of submission for the Supreme
Court, and, unless reduced by the Supreme Court, twelve months for all lower
collegiate courts, and three months for all other lower courts.
2. A case or matter shall be deemed submitted for decision or resolution upon the
filing of the last pleading, brief, or memorandum required by the Rules of Court or
by the court itself.

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

When is the provision of Sec.14 Par.1 applied?

o Only for rendering decisions and not for resolutions.

UyRicoCaluag Notes

Should a denial for Motion for Reconsideration or Petition for Review clearly and
distinctly state the facts?
o No. Resolutions like for petitions and motions, only require legal basis. For
instance, the court could issue a Minute resolution (resolution rendered within
the day of petition)

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 motion for reconsideration of a decision of the court shall
be refused due course or denied without stating the legal basis therefore.

32

3. Upon the expiration of the corresponding period, a certification to this effect signed
by the Chief Justice or the presiding judge shall forthwith be issued and a copy
thereof attached to the record of the case or matter, and 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 thereof,
shall decide or resolve the case or matter submitted thereto for determination,
without further delay.
-

Periods for making decisions:

COURT
Supreme Court

PERIOD
24 months (unless reduced by
SC)
Collegiate 12 months
3 months

Do reasons like poor health or heavy case loads excuse failure to comply with the
deadline?
o NO. It partially does but only if the judges concerned requests reasonable
extension. (Court Administrator v. Quinanola)

Is the delay or no decision/resolution of an appealed decision tantamount to automatic

affirmation?
o No. pursuant to par.4 Sec.15 of this article

Section 16: The Supreme Court shall, within thirty 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.
-

May the Supreme Court submit to the president and Congress the annual report of
Judiciary operations two days after the opening of regular session of the Congress?
o Yes of course, this is within the 30 day limit.

Does this provision infringe independence of the judiciary?

o No. This is within the bounds of the doctrine of checks and balances observed
by the Philippine government.

When does the 30 day period limit begin?

o from the opening of each regular session of the Congress

UyRicoCaluag Notes

When does the period begin?

o upon the filing of the last pleading, brief, or memorandum required by the
Rules of Court or by the court itself

CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes

Lower
Courts
All other Lower Courts

33