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CONSTITUTIONAL LAW

Kwin
May 30, 2011

DEFINITION OF POLITICAL LAW SOURCES OF POLITICAL LAW


It is a branch of public law that deals with the organization What are the sources of political law? What are the basis of
and the relation of the different governmental lines and how your understanding on the powers of the government and
they relate with each other and the powers they are the limitations on the exercise of the powers?
supposed to exercise and the extent of exercise of the Primarily the source is the 1987 CONSTITUTION.
powers as well as defining the relationship between the Aside from that, you also have the other laws. Because you
government and the governed, or the states with other will always have to refer to the other laws which each
sovereign states. constitution has evolved. Or from which the constitution has
evolved, like 1987 Constitution, which makes reference to
SCOPE OF POLITICAL LAW the 1935 Constitution, which was promulgated pursuant to
So in terms of scope, it is broader than other laws that relates the organic laws passed by congress, Tydings Mcduffi Law,
to the government. Jones Law of 1960, Philippine Bill on 1902, McKinleys
CONSTITUTIONAL LAW is just a branch of political law. It instructions on school amendment.
deals with how to balance with authority on one hand and All of these were passed because of Treaty of Paris, the
rights of individuals. Because this pertains to government instrument that formally transferred the powers from Spain
limiting the rights of individuals as recognized by bill of to the US.
rights and at the same time these rights put a limitation on
the powers of the state; then constitutional law must be These are the sources of your political laws. So when you
part of political law. go into the understanding of your provisions of the
constitution, it cannot be avoided that we make reference to
You have other braches like ADMINISTRATIVE LAW that deals those laws to be able to fully understand why such a
on how government officials run the government and the decision of the SC had been reached.
extent of the exercise of the powers on how one branch or
one department, bureau or agency or instrumentality relates Other than those laws passed by the US, we also make
with each other. reference on the DECISIONS OF THE SC, that may have
That is administrative law that is why after consti 1 and 2, you changed the implication or the meaning of the law.
will also be reviewing political law as part of political law Example. The patrimony is limited only to natural resources
review. before. Now, because of the decision of SC, even a building
that is not belong to natural resources is considered as part
You also have ELECTION LAWS which pertain to the election of national patrimony like Manila Hotel. So it is reserved
of the representatives of the government by the people, the only to Filipino citizens. It cannot be sold to foreigners. If
limitation on the conduct of election. It has something to do theres any, priority should be given to Filipinos because it is
with the government because without election, there part of the patrimony where the provisions of the
cannot be a government or officials in the government. constitution provided that it should be reserved or priority
should be given to Filipino citizen.
You also have LAW ON PUBLIC OFFICERS, LAW ON PUBLIC
CORPORATIONS and PUBLIC INTERNATIONAL LAW <insert notes here>

These are the different parts of political law.

We will be tackling on the study of the government,


particularly the REPUBLIC OF THE Philippines REPRESENTED
BY THE THREE BRANCHES OF THE GOVERNMENT. Executive,
legislative and judiciary, in the national and local
governments in relation to the national government.
We will also tackle on the study of the other agencies of the
government independent of the three braches such as the
CIVIL SERVICE CMMISSION, COA, COMELEC and OFFICE OF
THE OMBUDSMAN on the accountability of public officials.
Then we will be discussing on the BILL OF RIGHTS.
We have those topics.

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CONSTITUTIONAL LAW
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CONSTITUTION As to the manner of changing the constitution:
Primary source of understanding of political law is the 1987 1. RIGID CONSTITUTION
Constitution. -difficult to change. Not flexible
-must follow a certain procedure (STAGES):
DEFINITION a. proposal
What is a CONSTITUTION? b. submission
It is the highest fundamental law of the land, upon which c. ratification
all powers are founded, that would limit, divide, assign the
exercise f the powers. A. PROPOSOAL
-KINDS OF CHANGES
DIFFERENT PARTS CONSTITUTION a. revision (overhaul/change philosophy or principles
1. constitution of government which constitution is founded)
2. constitution of liberty b. amendment (not change the whole philosophy)
3. constitution of sovereignty
Q: Is the change of government a revision or an
Preamble does not form an integral part of the amendment? Ex. change from presidential to
constitution. We have it because we copied the preamble of parliamentary?
the US. But it is neither a source of obligation or a source of A: REVISION. Because you totally change the
rights of people. philosophy to be adopted as basis of the enforcement of
the provisions of the constitution.
CONSTITUTION OF GOVERNMENT. This provides for the
structure and the powers of government and the limitations Q: If you change the term of office of the president, is
of on the exercise of powers. that a revision or an amendment?
You have the Bill of Rights as provision on liberty. And then A: AMENDMENT
we have sovereignty which refers to the power of the
people to amend or revise the constitution or the -WHO MAY PROPOSE:
representatives. 1. Congress
-WHAT KIND OF PROPOSAL:
DIFFERENT KINDS OF CONSTITUTION a. revision
As to origin: b. amendment
1. ENACTED/CONVENTIONAL CONSTITUTION -HOW:
-enacted by a Constitutional Convention. At its discretion, congress may:
2. evolutionary / cumulative constitution a. act as ConCon Constituent Assembly for votes
-a product of history b. call for a Constitutional Convention for 2/3 votes
3. fiat / granted constitution c. if they are undecided, refer the question to a
-made by one sovereign for another referendum for majority votes, separately (all
members of congress)
As to form:
1. WRITTEN CONSTITUTION 2. People
-not because it is in writing -WHAT KIND OF PROPOSAL
-all other sources are found in one single instrument a. amendment ONLY
-CHARACTERISTICS: -HOW
a. broad a. initiative on amendments of the constitution
b. brief -VOTERS
c. definite You need 12% of the total registered voters
2. not written constitution wherein each legislative district is represented by
-most sources are written are written but are scattered at least 3% of its total registered voters.
-some parts are not written These two must concur with each other OW the
-ex. customs and traditions proposal is invalid.

-SIGNATURE
The petition itself must be signed by the voters.
IOW you cannot only attach a blank papers to the
petition. (Lambino vs Comelec).
This is the reason why the petition for the

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CONSTITUTIONAL LAW
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change of system of government from presidential CONSTITUTION VS STATUTE
to parliamentary was dismissed by SC and Both provide for how government should be managed or
confirmed by SC because it was improperly done. provide for powers or limitation or the exercise of he
So if you were to propose an amendment powers or define relationship between the government and
imitated by the people, they must sign the petition governed.
itself.
The difference is that, the CONSTITUTION is the highest law
of the land. So if it is n conflict of the statute passed by
Q: Is the provision on the constitution authorizing congress, it should always prevail as the statute is based on
the people to propose amendments on the the constitution.
constitution self executing as in the case of Santiago
vs Ramos? The constitution provides for the basic principles.
A: no. SC said RA 6735 is insufficient to provide for The STATUTE provides for the details because the
mechanism or procedure on how people can constitution cannot be detailed that might result to the
propose amendments to the constitution. misunderstanding of the meaning of the provisions. It has to
Since it is lacking in provision, it is presumed that be able to cover everything from today and future needs of
people, without legislation cannot propose the government and the people. Statue provides for the
amendments to the constitution. details of the broad constitution for effective enforcement
or implementation.
Q: What would be the justification, should they be
allowed? The constitution is the direct act of the people because
A: It boils down to their being sovereign. It without their ratification, the constitution does not take
becomes a political question. It is up to them to effect.
decide. (Lambino vs Comelec) Whereas the statute is being only assed by the
representatives of the people through congress.
But the prevailing jurisdiction is people cannot
propose amendments to the constitution although it
is mandated but the provision is not self executory.
CONSTUTION VS ORGANIC LAWS
B. SUBMISSION Remember you have organic laws passed during the
There is consultation among the people for a better American occupation like Philippine Bill of 1902, Jones Law
understanding of the proposed change. of 1916 and Tydings McDuffy Law.
PIECE MEAL SUBMISSION of proposed changes is
prohibited. Should there be any submission, it has to be They are similar in a sense that organic laws also provide for
the whole thing for the better understanding of the the structure, organization and operation of the government
relationship of the proposed changes to the constitution. at the time. It even provided for the bill of rights and a
definition of citizenship.
C. RATIFIATION
When does the amendment take effect? A difference between these laws is that while the constitution
Upon ratification by majority votes cast in a plebiscite a direct act of the people, organic laws are passed by the
called for the purpose, not a referendum. This is based representatives of the people. During that time, the US
on plurality. Not based on majority voters. congress.

As to basis:
1. EMOCRATIC REPUBLICAN
-depend on the form of government that is provided in the
constitution itself

PHILIPPINE CONSTITUTION
-written
-enacted
-rigid
-democratic/republican
-presidential

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CONSTITUTIONAL LAW
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1987 CONSTITUTION SC said THE CONSTITUTION TOK EFFECT ON THE DATE OF
Going back to the kinds of laws used s basis in the RATIFICATION FEB 2, 1987.
understanding of government and the relationship between
the government and governed, we also go into a particular What is the constitutional basis? Sec 27 Art 18 of the
law that we will use in understanding the government. Constitution.

Section 27. This Constitution shall take effect immediately upon its
EFFECTIVITY
ratification by a majority of the votes cast in a plebiscite held for the purpose
When did the 1987 Constitution take effect? and shall supersede all previous Constitutions.
You have learned that it is prepared by a Constitutional
Commission pursuant to Proclamation number 9 by then ELEMENTS OF A STATE
President Aquino under the Revolutionary Government
As you have learned in your first year, the study of political
consisting of 50 non elected by appointed members, from
law basically a study about the state and when you study the
the different sectors of society.
state, you have to go about its elements.
After they have drafted, it was ratified by the people on Feb
2, 1987. It was declared to have been validly ratified in Feb
From the POV of Political law, there are only four elements:
11, 1987 by the Exec Order 50 by President Aquino. 1. people pg 8
2. territory 5
Because there are provisions in 1987 constitution that were 3. government 29
inconsistent with 1973, and therefore they are deemed
4. sovereignty 21
repealed.
For example, death penalty. 1973 does not prohibit death
From the POV of International law, for a state to be
penalty. But the 1973 has expressly prohibited death penalty
considered as such, two other elements must be present:
except when congress by compelling reason, congress will 5. degree of civilization acceptable by the Family of Nations
pass a law for heinous crimes and impose death penalty.
6. recognition of the Family of Nations
Therefore there was a law passed defining heinous crimes
and providing death penalty bit was repealed lately.
PREAMBLE
Is death penalty abolished in 1987 constitution? Yes. That is We, the sovereign Filipino people, imploring the aid of Almighty God, in
the GR. The exception is when there is reservation by order to build a just and humane society, and establish a Government that
congress to pass a law defining what heinous crimes are and shall embody our ideals and aspirations, promote the common good,
conserve and develop our patrimony, and secure to ourselves and our
imposing death penalty. posterity, the blessings of independence and democracy under the rule of
If 1973 does not prohibit but 1987 prohibits, assuming that law and a regime of truth, justice, freedom, love, equality, and peace, do
there is no law yet, here is on convicted in 1985 to be ordain and promulgate this Constitution.

executed in 1988, should he be executed?


If the constitution took effect on Feb 2, 1987 and he is to be It is an introduction only. It is not part of the constitution, it is
executed on Feb 5, 1987, then the execution is against the not even necessary. To a certain extent, it has its practical
constitution. use which is to indicate the source of sovereignty.
But if the constitution took effect on Feb 11, the execution The provisions in the preamble will help or guide the
will still be in accordance with the law because what will members of congress and SC and other courts in construing
govern is the 1973 constitution. the provisions of the constitution because the constitution is
founded on the purposes as enumerated in the preamble.
This was the issue in the case of De Leon vs Esguerra. There
was an appointment of he OIC because under the Freedom IMPLORING THE AID OF ALMIGHTY GOD
Constitution, the term of office of local officials then actually Does this violate the separation of church and state?
already expired but they were asked to hold over until they Because this is just an assertion of the kind of people that
will be replaced by OICs through the Ministry of the we are. This is not a conferment of rights. This does not
Government. impose religion but only a declaration that we believe in
And then there was the 1987 Constitution, saying that they god.
will not be replaced anymore because they have to hold on
until elections will be called. So you cannot go to court and use preamble for you assertion
The Barangay Captain was replaced on Feb 9. on you freedom of religion because, like art 2 is not self
If the constitution took effect on Feb 2, the replacement is executing. It is not a source of rights or obligations.
illegal because the transitory provision of the constitution
says that they have to hold office until election is called.
But if the constitution took effect on Feb 11, then the
replacement is valid.

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PURPOSES ACQUISITION OF THE ISLANDS
1. to build a just AND humane society How did we acquire the islands comprising the Philippine
2. to establish a Government that shall embody our ideals archipelago?
and aspirations Primarily we acquire them by cession, except for the
3. to promote the common good (not general welfare) Batanes islands which we have acquired through long
4. to conserve and develop our patrimony occupation and possession.
5. to secure to ourselves and our posterity, the blessings of
independence and democracy under the rule of law and a How was the transfer made?
regime of truth, justice, freedom, love, equality, and peace Through the Treaty of Paris which was entered into by
Spain and US on Dec 10, 1898 which was amended by two
more treaties in 1900 transferring the Turtle Islands and
1. TERRITORY ART 1 Mangsi Islands. And then you have the Great Britain and US
ARTICLE I - NATIONAL TERRITORY treaty, the Treaty of Washington, which also ceded two
The national territory comprises the Philippine archipelago, with all the
islands and waters embraced therein, and all other territories over which the more islands.
Philippines has sovereignty or jurisdiction, consisting of its terrestrial,
fluvial and aerial domains, including its territorial sea, the seabed, the TN that basically, these islands that consists of the Philippine
subsoil, the insular shelves, and other submarine areas. The waters around,
between, and connecting the islands of the archipelago, regardless of their archipelago was acquired by us through transfer.
breadth and dimensions, form part of the internal waters of the Philippines. The only islands not part of those islands is the Batanes
Islands in fact they were apparently excluded in the Treaty
NATIONAL TERRITORY COMPOSITION of Paris. That is the reason why we need to define the
1. Philippine archipelago, with all the islands and waters national territory under the 1935 Constitution to include the
embraced therein Batanes Islands which has the phrase all those belonging
2. all other territories over which the Philippines has to the Philippines by historic right or by legal title.
sovereignty or jurisdiction, consisting of its:
a. terrestrial domains TN that these Philippine archipelago, if you are asked what
b. fluvial domains provisions in the national territory hat expressly provide for
c. aerial domains the adoption of the archipelagic doctrine, and that is one of
including its those that states or defines what comprises the Philippine
d. territorial sea territory which says - the Philippine archipelago, with all the islands
e. seabed and waters embraced therein.
f. subsoil IOW it does not consist only of the islands. It also includes the
g. insular shelves waters embraced in the archipelago.
h. other submarine areas
3. waters TERRITORIES NOT FOUND I NTE ARCHIPELAGO
-around, between, and connecting the islands of the What are these territories? - all other territories over which the
Philippines has sovereignty or jurisdiction.
archipelago,
-regardless of their breadth and dimensions
TN that the conjunctive word is OR, not and.
ARCHIPELAGO
JURISDICTION is when you put up a government and you have
The kind of territory you have is archipelago. So you have to
the laws enforced by the government.
understand what an archipelago is.
But there are instances when we are claiming certain
Two definitions:
territories where we have not established Philippine
1. a body of water studded with several islands
government there but we are claiming as part of our
2. a group of islands surrounded or separated by sea waters
national territory. The legal basis for that is SOVEREIGNTY.
What do we follow under UNCLOS UN Convention Law of
Sovereignty could either be:
the Seas?
1. Emperium
An archipelago is a body of water studded with several
2. Dominium
islands.
EMPERIUM meaning acts of sovereignty, meaning exercise
of governmental powers.
AFTER BREAK
So if we claim a property under the principle of emporium,
it belongs to the state in its sovereign capacity. It is not
subject to tax and any suit against the property that belongs
to the state in its sovereign capacity, the state canot be

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sued. because ours is an archipelago. What we have adopted is
the ARCHIPELAGIC DOCTRINE.
Under he principle of DOMINIUM where the property is
being owned by the government in it proprietary capacity. ARCHIPELAGIC DOCTRINE
IOW it refers to the legal title. The waters around the islands, between or connecting,
We might not have established a government there but as regardless of the deepness and the wideness belong to the
far as we are concerned, it belongs to us by either historic internal waters of the Philippines.
right or legal title.
How do you determine the internal waters of these islands
So on jurisdiction, it is obvious that there has to be a considering the Kalayaan Group of Islands and Scarborough
government established. Like the one we established in Shoal?
Kalayaan Islands which is part of Palawan. Or the We adopt the straight baseline method. You determine the
government in Scarborough Shoal which is part of Zambales. outermost islands of the archipelago. You imagine an
These are examples of territories being part if he Philippines archipelago that looks like a rectangle if we are to consider
over which the Philippines has jurisdiction. all the islands in the archipelago.
You have to connect the outermost points of the
Remember that we also have claims over Sabah and North outermost islands by a straight line.
Borneo. To some jurists, they would say that we have both
emperium and dominium over the territory. The basis of Because of this, it is considered that all islands inside are
which is historic right as well as legal title. considered internal waters. They are considered like rivers,
It was allegedly owned by a Sultan of Solo and then it was lakes and swamps, regardless of deepness and wideness
even to the Datu of North Borneo and it was leased to the separating the islands.
Britished Indies Company which is a British owned They are not even considered maritime domain. They are
corporation of the government. They turned over the simply internal waters.
territory to the Malaysian Government and that is the
reason why Malaysia is claiming it. This had been objected to b the members of the UN when the
But as far as Philippines is concerened, the sultan of Solo has had the UNCLOS because they are saying that it is not fair
transferred the rights to the Philippine government so that because while the Philippines has internal waters, they have
they can make a legal claim over the property. a claim over territorial seas or the maritime domain which is
It became more of a controversy by reason of the Jabadah 12 NM from the normal baseline.
Massacre that compelled us to drop our claim over Sabah. So they wanted us to redraw our internal waters in order hat
To remove the irritant of the relationship between Malaysia they would be able to determine the extent of our internal
and the Philippines, we rephrased the provision on the waters.
definition of the national territory and instead of adopting And so this prompted congress in May 2009 that there should
by historic right or by legal title, we change it to and all be proper determination of internal waters or archipelagic
other territories which the Philippines has jurisdiction or doctrine. They had RA 9522.
sovereignty.
RA 9522
Always remember that this does not preclude us from The law withdrew the baseline to comply with the UNCLOS
claiming properties which we have not established a requirements for archipelagic state, in the process excluding
government, however we have sovereignty over them by the Kalayaan Group of Islands and the Scarborough Shoal.
reason of historic right or legal title. So what looks like rectangular becomes triangular now
Likewise, we are not precluded from claiming future because they were excluded.
properties. For as long as the mode of acquisition is So how are these islands now treated if they are excluded
acceptable by international standards, and not by invasion. from the main archipelago in the determination of internal
It could be by purchase. waters or the archipelagic waters?
They will be simply be treated as regime of islands.
So far we are claiming the Spratley Islands against other
countries. Also certain portions of Kalayaan Islands. So you will determine its terrestrial domain following the
normal baseline, around the islands will be the basis of the
Remember that these islands like Kalayaan and Scarborough determination of the extent of jurisdiction over the sea
Shoal are found outside the archipelago. If we are to waters. They are just simply considered as outside of the
consider the territorial seas as part or belonging to these main archipelago.
territories of which the Philippines has jurisdiction or
sovereignty, we do not follow the normal baseline method So when you connect the outermost islands, you do not

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include the Kalayaan Group of Islands and the Scarborough EXCLUSIVE ECONOMIC ZONE
Shoal. So you will just focus on the main archipelago. For purposes of enforcing the laws I have enumerated, you
can go beyond up to 12 more NM if it is within the
ARCHIPELAGIC WATERS contiguous zone but it does not belong to the Philippine
Then you go by the archipelagic waters. It would be from the territory but you can explore the natural resources beyond
normal baseline to the outermost islands, 12 NM. the 12 NM up to 200 NM.
So inside are considered as internal waters. That is EXCLUSIVE ECONOMIC ZONE. It is not part of the
territory where we have exclusive sovereign right to explore,
MARITIME DOMAIN OR TERRITORIAL SEAS exploit, conserve, and manage the natural resources which
Now you go by the determination of the maritime domain or may consist of the establishment and use of artificial islands,
territorial seas. installations and structures for marine and scientific
You have 12 NM from the normal baseline of the outermost research and the protection and preservation of marine
islands. environment.

INTERNATIONAL WATERS CONSTITUTIONALITY OF RA 9522


Beyond that, that is considered as international waters. So what must be emphasized as to its constitutionality is RA
9522. It is the definition of the archipelagic baseline.
CONTINENTAL SHELF AND INSULAR SHELF It is questioned because it will in effect change the definition
TN you also have as part of our territory, continental shelf of the national territory.
and insular shelf. The basis of the definition in the delineation of the
This could be the continent that is submerged under the boundaries, latitudes and longitudes, or the extent of our
water. While it is low tide, it is dry. So you will know that it is jurisdiction in the archipelago is the Treaty of Paris.
still an extension of the island. With the adoption of RA 9522, this has practically changed
because of the reduction of our claim over the internal
But while it is high tide, it is covered by the sea water, and it waters by excluding the Kalayaan Group of Islands and the
could go beyond 12 NM from the normal baseline of the Scarborough Shoal from the main archipelago in the
outermost island. determination of the internal waters.

PRINCIPLE OF CONTIGUOUS ZONE Territorial seas refer to maritime domain, 12 NM.


Would that still be part of the national territory? The seabed is the portion under the sea which could be rich
No. beyond the 12 NM from the normal baseline of the in oil and other resources.
outermost islands, it is no longer part of the national Talking about subsoil, to what extent do we have jurisdiction?
territory. There is no limitation on that under the international laws.
Then you have the insular shelves and other submarine areas
The Philippines however has jurisdiction up to 24 NM from which include the trench.
the normal baseline. IOW 2 more NM from the end of 12
miles of the territorial seas. WATERS CONNECTING THE ISLANDS
Again, that is not part of the national territory as it is beyond The other definition of the adoption of the international
the 12 NM. But for purposes of implementing or protecting doctrine is one that says the waters around, between and
our: connecting the islands of the archipelago, regardless of the
1. fiscal laws breadth and dimension. They are considered as part of
2. sanitary laws internal waters.
3. immigration laws
4. customs laws FOREIGN EMBASSIES
We can run after these people up to 24 NM from the normal How about foreign embassies in the country as part of the
baseline or 12 NM from the end of the territorial seas national territory?
consisting of 12 NM from the normal baseline. Yes. But we do not exercise jurisdiction in these premises,
because by and agreement, treaty or customs of
This is the PRINCIPLE OF CONTIGUOUS ZONE. It extends only international law that embassies are treated as extensions
up to 12NM from territorial seas. Although not part of the of the country that it represents.
territory, the coastal state may exercise jurisdiction to
prevent infringement or violation of customs, fiscal, Here, we are not exercising the acts of sovereignty. But
immigration and sanitary laws. definitely, it is part of the national territory (Reagan vs CIR)

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BASIS OF CLAIM AGAINST KALAYAAN ISLANDS PEOPLE RIGHT AGAINST UNREASONABLE SEARCHES AND
You have the HISTORIC RIGHT, allegedly fro the discovery of SEIZURE
Tomas Kroma, a Filipino from Bohol. He was a mariner. The matter on the right of people against unreasonable
PD 1956, on June 11, 1978, that was the declaration of the searches and seizure. Who is referred to there?
discovery; that it was being discovered by a Filipino and It refers to all inhabitants of the country. He may be a
becomes part of the territory. foreigner or a citizen.
Effective occupation, that started with the family of Tomas.
They migrated but did not last. Then eventually the coast CITIZEN
guards took over. TN that from the POV of political law, the most important
thing that you must know is that the government is relating
Then we have the PRICIPLE OF CONTIGUITY because of its not to any people but to its citizens.
proximity. It is nearest to us. So then you must know who are the citizens of the
Philippines.
It is part of the CONTINENTAL SHELF under the straight
baseline method. RA 3046 and RA 5446, then we have RA CITIZEN VS NATIONAL
9522. TN of the difference between a citizen and a national.
N: owes allegiance to the state

All citizens are nationals but not all nationals are citizens.
1. PEOPLE Because while you may be a Filipino by origin, but you are
PEOPLE AS AN ALEMENT OF THE STATE no longer a citizen because you have been nationalized in
Another element of the state is people. another country. But still you may be loyal to the Philippines
From the POV of political law, the most important thing is you being a former citizen of this country.
must understand who are these people being referred to;
how is the word people used in the provisions of the C: member of a democratic political community
constitution N: member of any community

People could mean the INAHBITANTS IN GENERAL. The ACQUISITION OF CITIZENSHIP THROUGH BLOOD
inhabitants could either be a citizen or a foreigner. RELATIONSHIP
A citizen could either be a qualified voter or a non voter. Insofar as citizen is concerned, title he holds is CITIZENSHIP.

So when the constitution says sovereignty resides in the And how is this acquired by him in order to be a member of a
people and all government authority emanates from them, democratic body politic?
does the term people include the foreigners? Genrally, you have by blood relationship on the principle of
Certainly not. Because they have nothing to do with the jus sanguinis. You have the place of birth and naturalization
establishment of government. or by marriage.

Does it include those who are not qualified voters? So from birth, there are two choices, either jus soli or blood
No. because they cannot chose representatives of the relationship.
government. But in this jurisdiction, we do not recognize jus soli.

So when we say sovereignty resides in the people, the people But if you are asked, once upon a time, did we recognize jus
being referred to here actually refers TO THE QUALIFIED soli principle?
VOTERS OR TO THE ELECTORATE. During the American occupation, there was no definition
on who are citizens of the Philippines.
PEOPLE RIGHT TO INFORMATION We were also not citizens of US and Spain, we were their
When the law says THE RIGHT OF PEOPLE TO INFORMATION subjects.
OF MATTERS OF PUBLIC CONCERN, can a foreigner join the Until the Philippine Bill of 1902 was passed in July 1, 1902
list? where there was a definition of Citizens.
No. because the people being referred to there refers only Between Dec 10, 1988 (transfer of sovereignty from Spain
to citizens of the country. Many he be a voter or non voter. to US) to July 1, 1902, there was no definition as to who
were the citizens of the Philippines.
Thus the recognition of the principle of JUS SOLI, following
the law in America.

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DEFINITION OF CITIZEN KINDS OF CITIZENS
Until there was that definition in Jul 1, 1902 by virtue of the 1. JURIDICAL CITIZENS
Philippine Bill of 1902 referring to all inhabitants, subjects of 2. NATURAL PERSONS
Spain as of April 11, 1899 and the children of these
inhabitants. FILIPINO CORPORATION
Who are considered Filipino corporation?
USE OD JUS SOLI Hen the capital o9f that corporation is at least owned by
Between Dec 10, 1988 to July 1, 1902, the jus soli was 60% of Filipino citizens, natural persons.
recognized. In fact this was enunciated in the case of Roa vs
Collector of customs, then it was corrected when the SC said RIGHTS FOR NATURAL FILIPINO CITIZENS
we do not recognize jus soli principle. What we recognize in Examples are to run for public office and to be employed in
the Philippines is only jus sanguinis. the government.
But because even if the judgment of the court may be Sec 18, art 11 of the constitution requires that all public
erroneous, but because the judgment of the court has officers and employees must be loyal to the Republic of the
become final and executory, the principle of res judicata Philippines and its laws.
applies. So that any change of citizenship from a Filipino to immigrant
should be dealt with by law. That would be a ground for
But we have never really recognized jus soli. It was only for dismissal from the service.
practical reason because of the absence of definition of
citizens during the American occupations first period. ART 4 SEC 1
Section 1. The following are citizens of the Philippines:
[1] Those who are citizens of the Philippines at the time of the adoption of
ACQUISITION OF CITIZENSHIP THROUGH NATURALIZATION this Constitution;
Of course this refers to foreigners who wants to become [2] Those whose fathers or mothers are citizens of the Philippines;
Filipino citizens. [3] Those born before January 17, 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority; and
[4] Those who are naturalized in accordance with law.
How about stateless individuals? Can they be naturalized?
For as long as they have the qualifications required by the ART 4 SEC 1 PAR 1
law and none of the disqualifications, then they may qualify. [1] Those who are citizens of the Philippines at the time of the adoption of
this Constitution;
ACQUISITION OF CITIZENSHIP BY MARRIAGE not adopted When did the Philippine constitution take effect?
Then you have by marriage. Feb 2, 1987
If a Filipina marries a foreigner and the law of the husband
foreigner will consider her as a citizen of the country, then Who is covered by this?
she will have the citizenship of her husband, at the same This covers all those who are already citizens of the
time retain her Philippine citizenship. Philippines when 1987 Constitution was adopted in Feb 2.
Meaning those who are citizens under 1973 constitution,
In the Philippines, do we adopt the principle that one may which says:
become a Filipino by marriage? a. those who are citizens of the Philippines at the time of the
NO. if you are a foreigner, wife has to go through adoption of the 1973 Constitution which was adopted in Jan
ADMINISTRATIVE NATURALIZATION. She has to prove that 17, 1973.
she does not suffer any of the disqualification, IOW, it is not b. those whose fathers and mothers are citizens of the
automatic. Philippines
c. those who are born of Filipino mothers and elected
ACQUISITION OF CITIZENSHIP BY ADOPTION not adopted Filipino citizenship
We do not also recognize adoption as a mode of adopting b. those naturalized in accordance with law
citizenship in the Philippines OW what is the use of
naturalization if we recognize adoption. In the first paragraph of 1973 Constitution, we refer to the
1935 Constitution, which says:
IMPORTANCE OF CITIZENSHIP a. those who are citizens of the Philippines at the time of the
Why is it important why we have to know who are the adoption of the 1935 Constitution, May 14, 1935
citizens of the Philippines? b. those who were born in the Philippines of foreigner
Because there are certain rights that can only be enjoyed parents who before the adoption of 1935 constitution was
by the citizens of the country and enjoyed by the citizens of elected to office
the country or reserved only for the citizens of the country. c. those whose fathers were citizens of the Philippines
d. those whose mothers are Filipinos and upon reaching the

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CONSTITUTIONAL LAW
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age of majority and upon reasonable time elected Filipino Case: Vallez vs Comelec
citizenship The father del Rosario was a Filipino when he migrated to
e. those who are naturalized in accordance with law. Australia. He got married to an Australian citizen and had his
daughter.
First paragraph of 1935 Constitution, who are covered The daughter went to Davao and ran for public office until
there? she ran for a higher position as governor when her
Those who are defined as citizens under the Philippine Bill citizenship was questioned because not only was she
of 1902 pursuant to the provisions of the Treaty of Paris, as registered an Australian citizen, she was also carrying an
amended b Jones Law of 1916. Australian passport. She was born in Australia. The mother
was an Australian citizen, and the father was already an
Who are the citizens of the Philippines under the Philippine Australian citizen.
Bill of 1902? Then it was discovered that the father was the son of an
It refers to all inhabitants subject of Spain of the Philippine inhabitant of the Philippine territory as of April 11, 1899.
islands as of April 11, 1899 (exchange of Being one, he must be Filipino citizen. If he acquires
instruments/treaties bet Spain and US). another citizenship, it is not conclusive that he has lost his
Philippine citizenship. And because he had lost it at the time
Who are the INHABITANTS? of birth of his daughter, by jus sanguinis, she must also be a
a. native born, the indios of the Philippine islands Filipino citizen. In fact, a natural born citizen of the
b. residents or inhabitants coming from the Spanish Philippines.
Peninsulares who as of April 1899 were residing in the
Philippine islands and had chosen to remain in the Philippine TN the provision in the 1935 Constitution with respect to
islands foreigners who were born in the Philippines. Meaning those
c. those who were inhabitants of the islands of Spanish of foreign parents. However despite being a foreigner,
papers n or before April 11, 1988 elected to a public office.

Tecson vs Comelec Chong Bian


Lorenzo Poe died somewhere n 1954. They were The father was elected as an officer in Misamis. When Chong
wondering what was the citizenship of Fernado Poe Jr Bian acquired a shipping business, his citizenship was
because the father declared himself as a Spaniard as questioned because then he was already born when the
indicated in his marriage certificate with his first marriage. father was elected to a public office.
The grandfather, Lorenzo was an inhabitant of the The father of course became Filipino citizen. how come that
Philippines presumably because he died in the Philippines at he too became a Filipino citizen?
the age of 0s in 1954. So he must have resided in the Because at the time, he was still a minor. By DERIVATIVE
Philippines as of 1899. CITIZENSHIP, he too became a Filipino citizen and thus he is
Under the Philippine Bill of 1902, the subsequent children qualified to engage in a business which is only reserved for
of the inhabitants are considered Filipino citizens as well. Filipino citizens.
Because the father of Fernando was the son of Lorenzo, In fact, the children subsequent thereto are considered
then he must be a Filipino citizen even if he declares himself natural born citizen.
as a Spaniard.
How could FPJ be a Filipino citizen when the father was not FATHERS ARE CITIZEN
married to the mother? If he is illegitimate, he must follow At the time, only those who are born to Filipino fathers can
the legally known parent and the legally known parent is the adopt the citizenship.
mother, who is a US citizen.
According to opinion of the friends of the SC, FPJ was MOTHERS ARE CITIZEN
recognized by his father. The 1935 constitution provides that What about if he is born to a Filipina?
citizens are those whose fathers are citizens of the He is still also a Filipino citizen for as long as she is not
Philippines. It does not qualify whether the father was married to a foreigner.
legitimate or illegitimate.
The child who follows the name of the father is presumed Meaning, if father and mother is Filipino, no choice, child is
to be recognized by the father. In the case, it is presumed Filipino. Not because the mother is Filipino but because the
that FPJ was recognized by the father because of the fact father is Filipino.
that after his birth, there is an affidavit of the sister of his
father that his father continued to cohabit with the mother.
So presumably he was recognized.
Because the father is Filipino, then FPJ is a Filipino citizen.

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FILIPINA MARRIED TO A FOREIGNER - 1935 CONSTITUTION When the Filipina under the 1935 constitution, she is
But if the mother is Filipina, and there is a foreigner, under presumed to have acquired the citizenship of her foreigner
the 1935 Constitution, she loses her citizenship because husband. And thus automatically, she loses her Philippine
there is a presumption that she acquires her citizenship of citizenship.
her foreigner husband. IOW the burden of proof lies with her that she never lost her
Thats the reason why the child during his minority has no citizenship because she never acquired the citizenship of her
choice. He is considered a foreigner. husband.
But he is given the option to elect Philippine citizenship. But the law presumes that by their marriage, she acquired
The requirement however is that the mother must be a the citizenship of her husband and thus she loses Philippine
Filipino citizen at least at the time of marriage to foreigner citizenship.
father. And the child was born before Jan 17, 1973.
The citizenship of the child if born B4 Jan 17, 1973 is the
But if the Filipina is not married to the foreigner, the child fathers citizenship. He has no choice. Because now the
follows the citizenship of the legally known parent. mother is foreigner just like the father.
As far as the child is concerned, the legally known parent is But the child, only during his minority is considered a
the mother. foreigner. The child is given the chance to become a Filipino
citizen upon reaching the age of majority (21) or within
ADOPTED CHILD OF FILIPINO FATHER reasonable period of time (3 years), he elects Philippine
If father is a Filipino and the child is adopted, can the child citizenship, then he becomes a Filipino citizen.
become a Filipino citizen? If he does not elect Filipino citizenship, then he remains a
No. In this jurisdiction, what we follow is the principle of jus foreigner.
sanguinis. You cannot acquire Filipino citizenship by
adoption. There is naturalization for the child to acquire If the parents married in 1965 and child was born in 1974,
Philippine citizenship. what is the citizenship of the child during his minority? Does
he need to elect Filipino citizenship in order to become
The only exception to this is RA 9225 which is the DERIVATIVE Filipino citizen?
CITIZENSHIP under DUAL CITIZENSHIP ACT that even the The child is a foreigner. He cannot elect Philippine
adopted children of a former natural born citizen be citizenship.
patriated under this provision will become a natural born Mother lost her Filipino citizenship at the time of marriage.
citizen being a minor child, although adopted. So at 1974, at the time of birth of the child, the mother is
already a foreign unless she acquired her Filipino citizenship
Again, adoption is not a mode of acquiring Filipino citizenship. at the time of birth of the child.
He cannot elect Philippine citizenship. Because from birth,
ART 4 SEC 1 PAR 2 the mother is already a foreigner.
[2] Those whose fathers or mothers are citizens of the Philippines;
REQUIREMENTS TO ELECT FILIPINO CITIZENSHIP
FILIPINA MARRIED TO A FOREIGNER - 1973 & 1985 1. the mother, must have been married under 1935
CONSTITUTION Constitution who is a Filipino citizen at the time of marriage
Relating that provision to 1973 and 1985, here, the female 2. the child must be born before Jan 17, 1973
counterpart of the Filipino citizen is put to a level equal to
the male counterpart so that of the mother is Filipino MARRIAGE AFTER 1973
citizen, regardless who the husband is for as long as she did Would it make any difference if the mother is married to the
not lose her Filipino citizenship at the time of forth of the father at 1973 Constitution?
child, child is Filipino citizen. Yes. Because when the Filipina marries the husband
foreigner, she does not lose her citizenship unless by her act
But TN of the cut off period. The child has to be born at least or omission she is deemed by the law to have renounced her
on Jan 17, 1973 or thereafter to apply that provision. The citizenship.
mother at the time of the birth must be a Filipino citizen for In which case, because she is presumed to have remained
that child to be considered a Filipino. Filipino citizen, at the time of birth the child is a Filipino
citizen because the law says those whose fathers and
If the mother was married under 1935 constitution, even if mothers are citizens
the child was born after 1973 Constitution was adopted, the
child is not a Filipino. At the time of birth, the mother has Does he need to elect?
already lost her Filipino citizenship by virtue of her marriage No need. Because he is already a Filipino citizen.
to a foreigner husband under the 1935 Constitution.

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CONSTITUTIONAL LAW
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EFFECT OF ELECTION OF FILIPINO CITIZENSHIP NATURAL June 6, 2011
BORN
If he a natural born citizen if he elects Philippine citizenship ART 4 SEC 1 PAR 2
assuming that the mother was married to the father before [2] Those whose fathers or mothers are citizens of the Philippines;
1973 Constitution and he is born under 1935 Constitution.
He elected Filipino citizenship before 1973 Constitution was RETAINING CITIZENSHIP
enacted, is he a natural born Filipino citizen? This refers only to children born in 1973 or thereafter
Yes. He is presumed to be natural born. There is no because upon effectivity of 1973 Constitution, if a Filipina
definition then. marries a foreigner, she does not automatically lose her
citizenship.
Under 1973, there is a clear definition those who are She retains her Filipino citizenship unless by her act or
citizens from birth without having to perform any act in omission she is deemed under the t5he law to have
order to acquire Filipino citizenship is a natural born. renounces her citizenship.
To elect Filipino citizenship is perfecting or acquiring Filipino So at the time of the birth of the child, as long as the mother,
citizenship. although married to the father has remained a Filipino
Under that definition, a citizenship by election is not a natural citizen, the child is a Filipino citizen, regardless of the
born. citizenship of the father who is marries to the father.

So that if this person was born under 1935 Constitution, MARRIED BEFORE 1935, BORN AFTER 1987
elected Filipino citizenship under 1973 Constitution, he is a But if the mother was married under the 1935 Constitution
Filipino citizen but not a natural born. under which he is considered to have lost her Filipino
citizenship by virtue of the marriage to the foreigner and the
However, it is anomalous because while these two persons child is born only after the 1987 Constitution, what would be
are situated under the same circumstances, the only the citizenship of the child?
difference is the date of election, one is considered a Filipino It depends at the citizenship of the mother at the time of
citizen and the other is not. birth.
Precisely this was corrected under the 1973 constitution. That If at the time of birth, the e mother has not reacquired her
even those who are elected as Filipino citizenship are now Philippine citizenship, then she remains a foreigner. In which
considered as natural born citizens. Apply retroactively. case, the child has no choice. Both parents are foreigners.
So there is no more problem in determining whether he is And even if he elects Philippine citizenship, he cannot
natural born or not. Even if he elected Filipino citizenship, he acquire Philippine citizenship.
is a natural born citizen, therefore qualified to run for office
that requires only natural born citizens. REQUIREMENTS OF CITIZENSHIP BY ELECTION
Because here to avail of CITIZENSHIP BY ELECTION pursuant
to the provisions of 1935 Constitution, TN of the
MANNER OF ELECTION requirements:
How is election be made in order to be considered a citizen? 1. born before Jan 17, 1973
1. taking of oath of allegiance 2. mother is Filipino at least at the time of the marriage to the
2. participating in election by foreigner husband
a. running for public office
b. voting Even if the mother has become a foreigner at the time of
c. actively campaigning for a candidate the birth of the child, the child has a chance of becoming a
3. declares under oath as a Filipino citizen Filipino by election upon reaching the age of majority or
within a reasonable period of time.
APPLICATION UNTIL 1997
Citizen by election applies only until 1997. Because if the child
was born after 1973, there is no need to elect Filipino ART 4 SEC 1 PAR 3
[3] Those born before January 17, 1973, of Filipino mothers, who elect
citizenship because he is already considered a Filipino Philippine citizenship upon reaching the age of majority; and
citizen.
So the cut off is 1973. Plus 21, that means 1994. Plus 3 years We have discussed this already.
1997 (3 years after reaching the age of majority). The is only temporary and transitional in a sense that by 1994
He has to elect by the age of 21 or within reasonable period to 1997, there will be no more children by election because
of time. the presumption is the child must have either elected
Filipino citizenship or the time has passed for him to elect
Filipino citizenship.

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CONSTITUTIONAL LAW
Kwin
CITIZENS BY ELECTION ARE ATURAL BORN CITIZENS RECENT RULING OF QUALIFICATIONS AND
Even those who elected Filipino citizens are now considered DISQUALIFICATIONS
as NATURAL BORN CITIZENS under the 1987 Constitution. Now, for as long as perhaps you do not have all the
qualification but you do not suffer any disqualification, you
So regardless whether he has elected Filipino citizenship may apply for naturalization which could either be judicial or
either before or after Jan 17, 1973, the child is definitely a administrative or by legislation.
natural born Filipino citizen.
JUDICIAL NATURALIZATION
You go back to the definition of the natural born citizens in Insofar as judicial process, it is very tedious. You follow a
the 1987 Constitution, it includes those who elected particular procedure:
Philippine citizenship. 1. make a declaration of intent to become a Filipino citizen
2. file intent with the OSG
ART 4 SEC 1 PAR 4 3. wait for 1 year as SolGen investigates whether you have all
[4] Those who are naturalized in accordance with law. the qualification
4. issuance of certification by SolGen that you are qualified
COMMONWEALTH ACT 473 5. file a petition with RTC
This is the original provision on naturalization. 6. RTC to acquire jurisdiction will order the publication of the
If you are a foreigner and you want to become a Filipino petition in a newspaper of general circulation and the official
citizen, then you have to apply for naturalization. gazette
7. hearing and reception of evidence
NATURALIZATION BY A FOREIGNER 8. judgment and grant of petition
Naturalization by a foreigner by a foreigner is not a matter of 9. waiting period of 2 years
right, it s a privilege, an act of grace granted by a sovereign 10. court schedules taking of oath of allegiance
state to a foreigner.
Therefore it is discretionary upon the state WON to confer REVOCABLE - JUDGEMENT ON NATURALIZATION
Filipino citizenship to a foreigner. TN the judgment in the naturalization case will never become
final. Anytime it will be subject to revocation upon motion
And in connection therewith, there are certain qualifications by the SolGEn.
that an applicant foreigner must possess and must also
avoid suffering any of the disqualifications provided by the QUESTION ON VALIDITY OF NATURAZATION PROCEEDINGS
law. If there is any question on the validity of the naturalization
And the law is very strict. You have to have all the proceedings, in the case of Limkaichong vs Comelec, that
qualifications and none of the disqualifications. only the SolGen or the government can question the validity
of a naturalization proceedings in a DIRECT ACTION and not
NATURALIZATION BY A STATELESS INDIVIDUAL in a collateral proceedings such as a petition for
How about if one is a stateless individual? Can he apply for disqualification of a candidate in an election case
naturalization?
The law is silent regarding on that, for as long as he has all Case: Limkaichong vs Comelec
the qualifications and none of the disqualifications. There was a question on the qualification of the candidate
because Limkaichong who is now a congresswoman was the
QUALIFICATIONS child of a former Chinese citizen who applied for
1. 21 years of age naturalization.
2. of good moral character According to the petitioner, the fathers naturalization is
3. resident of the Philippines continuously for 10 years invalid and therefore the father never became a Filipino
4. property of not less than 5k citizen. Naturally, the children are not considered Filipino
5. children of school ages must be in public schools citizen. thus they ask for the disqualification of Limkaichong.
6. able to read and write English and any of the Philippine COMELEC dismissed the petition and SC reviewed by SC and
dialects SC said that only the government or the SolGen can question
thevalidity of the naturalization proceedings.
DISQUALIFICATIONS
1. believer in bigamy or polygamy
2. suffering from incurable and contagious disease
3. believer in the use of violence in asserting your principles

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CONSEQUENCES OF THE GRANT OF NATURALIZATION TO A Eventually the father became a Filipino by naturalization.
FOREIGNER But the birth certificate of Ong says that he is a Filipino
1. foreigner becomes a citizen of the Philippines citizen by virtue of derivative citizenship.
When he took the bar exam, there was a question on his
2. wife may become a Filipino citizen through citizenship because his family name is foreign sounding.
ADMINISTRATIVE NATURALIZATION A declaration made, a certification of DOJ through the
-there is no acquisition of Filipino citizenship by marriage bureau of immigration declaring him as a natural born
-by asking for the cancellation of ACR and by proving that citizen. And this was his basis in the application for judgeship
she suffers none of the disqualifications provided by law and justiceship in SB where it requires natural born citizen.
-it is not automatic When this was questioned in the application for justiceship
in SC, SC looked into the matter.
3. as to children:
a. those who are already born at the time of the approval of In fact Ong was asking why now look at the application
naturalization of the father, consider whether he is a minor when there was never a question on his application when
or of age at the time was not questioned in the qualification for SB.
a.1. if he is already of age, he does not become a Filipino SC said that it is a CONSTITUTIONAL ISSUE OF SIGNIFICANT
citizen. if he wants to, e has to apply for naturalization MATTER considering that it goes into the qualifications of an
a.2. if he is a minor, he by DERIVATIVE CITIZENSHIP SC justice required by the constitution. The constitution
becomes a Filipino citizen requires that in order for one to become a natural born
a.3. if at the time of the approval, he is outside the citizen, he has to be a natural born citizen.
Philippines, he is only Filipino during minority. Upon
reaching the age of majority, he is given the choice either SC declared that a declaration of an administrative body or
to remain a Filipino citizen or revert back to original a certification does not change a judicial judgment that
citizenship of the father states the father was naturalized citizen and therefore by
derivative citizenship, the child who was then a minor
-those who have become Filipino citizen by derivative cannot be natural born.
citizenship, they are considered NATURALIZED Filipino
CITIZENS. Ong was banking on the fact that the mother was a Filipina
and that she never lost her citizenship upon marries and at
b. those who are born after the father becomes a Filipino by the time of his birth, he was a Filipino citizen.
naturalization, they are citizens SC said, if you are to CHANGE your BIRTH CERTIFICATE, you
-they are considered NATURAL BORN. cannot do that by a certification of an administrative body
-you go back to the definition, those who are citizens like the Bureau of Immigration. That requires judicial change
from birth. Because the father at the time of birth is a or declaration.
Filipino citizen, then the children are Filipino citizens For you to claim that you re natural born, you have to go to
court and make necessary changes in your birth certificate
Declaration of an administrative body or a certification does and not by simply a declaration of an administrative body.
not change a judicial judgment
-Case: Kilos Bayan vs Ong There was a petition to DECLARE ALL JUDGMENTS
This is the appointment of Ong as Justice of SC where these RENDERED VOID because at the time he rendered the
was a question on his citizenship. He was a Sandigan Bayan judgment, he was disqualified supposedly to sit as justice of
Justice. SC for lack of the requisite citizenship of a natural born.
Somebody asked for an injunction not to issue the SC said that it is VALID having been rendered by a DE
appointment considering that there was a question on his FACTO OFFICER. The appointment was in good faith on the
appointment. assumption that he was qualified.
He was born to a father who is naturalized and a Filipina
mother. The mother was a daughter of his grandfather who Ultimately there was a decision of SC declaring him as
is naturalized, originally Chinese married to a Filipina. natural born after his birth certificate has been corrected.
Grandfather became naturalized. The mother at the time
was still a minor, and by derivative citizenship, the mother
became a Filipino citizen. see case 1) pp vs nora fe sagun
The mother got married to a Chinese who at the time was 2) michael keon (nephew of marcos)
still applying for naturalization. At the time of marriage, the 3) ma vs fernandez (july 2010)
husband was still a Chinese citizen. During the 1935
Constitution, the mother automatically lost her citizenship.

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CONSTITUTIONAL LAW
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REVOCATIONOF NATURALIZATION PROCEEDINGS MODES OF ACQUIRING CITIZENSHIP
Another point you should TN in naturalization is the 1. from birth by blood relationship/ jus sanguinis
revocation. It is never final and executory, res judicata 2. naturalization
principle does not apply.
You cannot acquire Filipino citizenship either by marriage or
EFFECT ON DEATH OF GRANTEE PENDING QUESTION ON by naturalization.
VALIDITY OF NATURALIZATION
What if the grantee of the citizenship has died already when MODES OF LOSING CITIZENSHIP
there is the revocation of the naturalization? Is it deemed According to the modes provided for by law:
mooted upon the death of the grantee? 1. applying for a foreign citizenship/ naturalization of foreign
That depends on the grounds of the revocation: citizenship
Case: Labo vs Comelec
a. If the ground for revocation is that the JUDGMENT IS VOID Faith healer who got married to an Australian citizen and
on the ground that he has disqualified, then it shall thereafter applied for naturalization in Australia. He
CONTINUE because of the citizenship that has been also voluntarily and expressly renounced his Philippine
extended to his minor children and to the wife. citizenship to become an Australian citizen.
Because when citizenship is granted, he becomes a Filipino. By that act, he is deemed to have lost his Philippine
The minor children and the wife will have some basis to citizenship.
apply for naturalization before they can become Filipinos.
If revoked, naturally premised on the judgment being void, 2. expatriation
then there has never been any citizenship enjoyed or can be Expatriation has to be done expressly. It is not just a mere
transferred by the grantee. declaration. It could be like:
So even after the death of the grantee, the action for a. taking an oath of allegiance to support and defend the
revocation on the decree of naturalization may still posper foreign government in applying for naturalization
b. taking an oath of allegiance to support the constitution of
b. If the ground for revocation is that the grantee has the foreign country
VIOLATED THE CONDITIONS OF NATURALIZATION or he
LOST HIS QUALIFICATIONS THEREAFTER, (ex. convicted of Effect on carrying of foreign passport
crime involving for moral turpitude), it will not prejudice In relation to this, the mere carrying of a foreign passport is
those who derived their citizenship from their father. not considered as express renunciation of foreign
If the applicant grantee dies, then the case will have to be citizenship.
dismissed as the case has become MOOT AND ACADEMIC.
Effect on registration in Bureau of Immigration as a
foreigner
A registration in the Bureau of Immigration that you are a
foreigner is not considered as an express renunciation of
foreign citizenship. It is only an ASSERTION OF A FOREIGN
CITIZENSHIP. But not express renunciation.

-Case: Aznar vs Comelec and Banez vs Comelec


-Case: Osmena
When he ran as governor, there was a question on the
citizenship because in the Bureau of Immigration, he
declared himself as a US citizen as well.
That is not considered loss of citizenship by expatriation. It
is a mere assertion of foreign citizenship but not conclusive
as to having renounced his Philippine citizenship, unless
there is proof that he has expressly renounced his foreign
citizenship.

3. serving the armed forces of a foreign country


Except where we have signed a mutual defense agreement.
Unless by their act or omission, they have deemed to have
renounced their foreign citizenship, like applying for
naturalization of US.

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CONSTITUTIONAL LAW
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4. by marriage of Filipina to a foreigner, and by their actor 2.A. RA 8171
omission they are deemed to have renounced her If you have lost your citizenship because you have served
citizenship the allied forces during WW2, you can reacquire it by RA
But GR Filipinas marrying foreigners remain Filipinos. 8171.
Other grounds for RA 8171 are for reasons of economic and
5. deserter of the Armed Forces, convicted by final judgment political necessity.
Especially during war time.
REQUIREMENTS
1. apply for repatriation with the Bureau of Immigration in
MODES OF REACQUIRING CITIZENSHIP AND REQUIREMENTS their Special Committee on Naturalization
1. naturalization 2. take oath of allegiance
2. repatriation 3. register oath of allegiance with the civil registry where you
last resided or presently residing at
1. NATURALIZATION 4. furnish copy to the Bureau of Immigration through Special
Naturalization could be: Committee on Naturalization
a. judicial
b. administrative REQUIRMENT OF REGISTRATION IN CIVIL REGISTRY
c. through act of congress It is not enough that you take your oath of allegiance. It has
to be registered.
1.A. JUDICIAL NATURALIZATION Case: Frivaldo vs Comelec
Judicial, you have He was disqualified.
1. Commonwealth Act 63 - for those who have lost and want He insisted that the moment he filed a certificate of
to reacquire candidacy where he took his allegiance and made a
2. Commonwealth Act 473 - Original application for declaration that he is a Filipino citizen, in effect, he has
naturalization by a foreigner renounced his US citizenship. But he failed however to
register that he is a Filipino citizen in the nearest civil
2. REPATRIATION registry where he was residing which is required under
For purposes of reacquisition of Philippine citizenship, there 8171.
are several laws on repatriation:
a. RA 8171 RETROACTIVE FROM TIME OF FILING OF PETITION
b. RA 725 You reacquire your citizenship from the time he filed his
c. RA 9225 petition for repatriation.
Which means that for as long as he complied with all the
If you have lost you citizenship because you are married to a requirements for someone to run for an elective office,
foreigner and you want to reacquire your citizenship, you before he assumed office, he completed his requirements
can reacquire it by RA 8171, 725 or other laws on and it was approved, then he is considered qualified for the
repatriation. position.
repratriation only for formerly natural-born Filipino
effective since time of filing Case:
He filed his petition for repatriation in 1997. In Mar 2004,
he filed his certificate of candidacy. It was only on the date
of election when he completed his papers and registered his
oath of allegiance to he civil registry. Assumption of office is
th
on the 30 day of June. Is he qualified to assume office?
Yes. While the approval was only on May, the effectivity
retroacts from the filing of the petition in 1997.

CITIZENSHIP REQUIREMENT IS ONLY ON ASSUMPTION OF


OFFICE
The statute does not require that you have to be a citizen
on the day of election or on the day of appointment. The law
only requires age, residency, and other qualification but
never on citizenship.
For as long as upon assumption of office, you are a Filipino
citizen, you are qualified, because after all, the effectivity of

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CONSTITUTIONAL LAW
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repatriation and the reacquisition of citizenship shall be CONSEQUENCES
reckoned from the filing of the petition. 1. you become again a natural born citizen.
2. minor children by derivative citizens also become natural
STATUS born citizens
Upon repatriation, he reacquires his original status as a -legitimate or illegitimate or adopted
NATURAL BORN CITIZEN. -not married
-under 18 years old
3. wife has to prove that she suffers none of the
2.C. RA 9225 DUAL PHILIPPINE CITIZENSHIP ACT disqualification
This took effect on August 29, 2010. 4. grantee may vote under RA 9189, even if he continues to
Who can apply? Any former natural born citizen who lost reside in the foreign country where he is also a citizen
their Philippine citizenship. There is no specific grounds on -Case: Lewis vs Comelec
the loss of citizenship. Lewis became a citizen by virtue of RA 9225. When he
duall allegiance not synonymous with dual citizenship wanted to vote, he was refused by the consular office
WAYS ON BECOMING A DUAL CITIZEN saying that he has not complied with the requirement of
There are two ways on becoming a dual citizen. residency (6 months in place to vote, 1 year in the
Philippines)
1. loss by political and economic necessity The issue is whether they can vote under 9189 as
For one who have lost it already for reasons of political and specifically authorized under 9225.
economic necessity; if he reacquires Filipino citizenship, They are treated like OFWs and as such they are
does he lose his foreign citizenship? expected to establish a residence here in the Philippines.
The law is silent on that. By the opinion of SC, it says that They can vote but within a period of 3 years.
he has impliedly renounced his citizenship. But impliedly After all, what is important on residency is that you
only. have the intention to return to the country after you
But whether he is still recognized as a citizen of that foreign have declared the specific residence in the Philippines.
country, that is not a concern of the Philippine government. 5. may run for public office
as far as Philippine government is concerned, he is now a 6. may practice profession
Philippine citizen.
It is possible that he may not automatically lose his foreign ADDITIONAL QUALIFICATIONS FOR RUNNING IN PUBLIC
citizenship. So as a result of which, he becomes a Filipino OFFICE for those under RA 9225 only:
citizen and a citizen of the country where he was naturalized 1. take oath of allegiance as required by law
as such. 2. expressly renounce all foreign citizenships (in writing)
This requirement does not apply for those who are
2. application for naturalization in a foreign country considered as dual citizens because or birth.
Another way of becoming a dual citizen is one who is now
Filipino citizen but applied for naturalization in a foreign NON APPLICATION TO DUAL CITIZENS NOT BY 9225
country. -Case: Mercado vs Manzano
Notwithstanding his application for naturalization in foreign -Case: Valles vs Comelec
country, he retains his Filipino citizenship. The Philippines Manzano had dual citizenship because he was born in
doesnt care if he applied for a foreign citizenship in another America, by principle of Jus soli, he is a foreign citizen.
country. As far as the Philippines is concerned, you are a because both parents are Filipinos, he is also considered a
Filipino citizen. Filipino citizen.
TN this takes effect only on August 29, 2003. When he ran as a vice mayor of Makati, there was a
question on ownership because he was carrying at the same
HOW TO APPLY FOR 9225 NOT RUN FOR OFFICE time a US passport.
That is not a problem at all if you do not run for public As explained earlier, the carrying of passport is not a
office. All that you need to do is to: conclusive proof of renunciation.
1. take an oath of allegiance SC declared, THE MOMENT HE FILED THE CERTIFICATE OF
2. pay the necessary fees CANDIDACY, HE IS CONSIDERED TO HAVE ELECTED
3. sign the form PHILIPPINE CITIZENSHIP AS HIS SOLE CITIZENSHIP AND
RENOUNCED ALL OTHER FOREIGN CITIZENSHIP.
This principle will apply only to Filipinos who became dual
citizens not by virtue of RA 9225. Only those involuntary
acquisition of foreign citizenships such as because of the
application of jus soli.

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-Case: Lopez vs Comelec ADDITIONAL QUALIFICATIONS FOR PRACTICE OF
If he became a dual citizen because of his reacquiring PROFESSION (LAW)
Philippine citizenship by virtue of 9225, for him to run for -Case: Dacanay Dec 17, 2007
public office, to qualify, he has to expressly renounce his Dual citizens may practice law in the Philippines by
foreign citizenship. 1. leave of Sc (permission)
2. compliance of requirements to restore the good standing
EXCEPTION- WHEN CARRYING OF FOREIGN PASSPOSRT IS as members of Philippine bar
CONSIDERED RENUNCIATION OF PHILPPINE CITIZENSHIP a. payment of annual dues
-Case: Yu b. compliance of MCLE
He became a naturalized Filipino citizen and
notwithstanding, continued to carry his Portuguese passport 2.B. ADMINISTRATIVE NATURALIZATION
and declared himself as a Portuguese citizen, this is an RA 9139
exception to the principle that the mere carrying of a This is with reference to foreigners who were born in the
passport is not a conclusive proof of renunciation of Philippines. In order to give them some form of amnesty,
Philippine citizenship, but in this case, it was considered an (especially smuggled Chinese)
exception where he is considered to have renounced his Accepting the reality that eventually some children of these
Philippine citizenship. foreign smuggled persons into the country had children born
into the Philippines without clear status as to their
EFFECT OF REPATRIATION ON NON MINOR CHILDREN citizenship, this law was passed for them to have the option
-Case: Tabasa either to:
If the kids are already of age, they cannot avail of the 1. apply for naturalization by administrative process
privilege of Philippine citizenship through derivative 2. apply for naturalization by judicial process
citizenship.
Under this provision, it grants Philippine citizenship by
administrative proceedings to aliens born and residing in the
OTHER CASES Philippines. They have the choice to apply for judicial or
-Coroboro vs Comelec Feb 19, 2009 administrative naturalization subject to the prescribed
Tambunting, an owner of pawnshops in Mali, was enjoying qualifications or disqualification provided by law.
dual citizenship because he was born in US of Filipino
parents. DUAL ALLEGIANCE
When he ran for election, his citizenship was questioned. What is prohibited under the constitution for it is INIMICAL
He said, by the mere filing of his certificate of candidacy, he TO PUBLIC INTEREST is dual allegiance, not dual citizenship.
had renounced his foreign citizenship. Until now, there is no definition on what would constitute
He was right. Being a dual citizenship is not a result of 9225 dual allegiance.
but a result of an involuntary acquisition because of the
circumstances of his birth. Case: Kalilong vs Datumanong May 11, 2007
So he need not comply with the requirement of express SC said that if the legislature has not defined it, it is not for
renunciation of foreign citizenship. The etwin requirement the Court to make a definition on what would constitute
does not apply. dual allegiance.
Definitely, RA 9225 does not constitute dual allegiance but
-Lopez vs Comelec, July 23, 2008 mere dual citizenship.
-Hapson vs Comelec, Jan 18, 2009 So there is no question as to the constitutionality of RA 9225.
-Roselier de Guzman vs Comelec Jun 19, 2009
2 requisites to run for public office:
1. taking of oath of allegiance
2. express renunciation of foreign citizenship before any
public officer authorized to administer an oath

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EFFECT OF IMMIGRANT STATUS ON AN APPOINTED PUBLIC RIGHT OF SUFFRAGE
OFFICER Right of suffrage is both a right and a privilege of a citizen of a
For the green card holder, having an immigrant status, what country.
will be the effect on the appointment public official who As a privilege, it is the right of the people to chose the
assumed public office? representatives to run the government for them.
Case: Oberacion vs Comelec
SC said that a Filipino citizens acquisition of permanent QUALIFICATIONS
residence abroad constitutes an abandonment of his There are certain qualifications however for you to enjoy this
domicile and residence of the Philippines. right, as provided by law
The green card status in the US is a renunciation of ones 1. at least 18 at the time of election when you cast your vote
status as a resident in the Philippines. 2. resident of the Philippines for one year AND 6 month sin
You are given only a green card if you are a permanent the place where you propose to vote
resident of the Philippines. So it will be inconsistent to be
occupying a public office and at the same tie, holding a RESIDENCE/DOMOCILE REQUIRIEMENT
green card. RESIDENCE FROM POV OF POLITICAL LAW
That can be a ground for the dismissal of office. -it is synonymous with domicile

macalintal vs comelec KINDS OF DOMICILE:


- residence is synonymous with domicile, a. DOMICILE OF ORIGIN
with respect to election laws -where you are born/raised by parents
b. DOMICILE OF CHOICE
-by work or by marriage

PRINCIPLE OF ANIMUS REVERTENDI


The principle is, you can only have one domicile. We are
following the principle of ANIMUS REVERTENDI, that for as
long as you have the intention to return to the place even if
you are n9t actually living in the place, there is intention to
reside in the place, you are considered a resident of that
place, even if you are just renting.

DOMICILE OF CHOICE - REQUIRMENTS


When you change you domicile to your domicile of choice, TN
of the requirements:
1. intention to abandon the original residence
2. acts must correspond to the intention to change
residence

-Case: Romualdez Marcos vs Comelec


She ran as congresswoman in Leyte when she was known to
be a resident of Manila because the husband was the
president before they left for Hawaii.
When se returned barely 1 year in Leyte, she filed her
certificate of candidacy. In fact in the certificate she placed
that she resided in the place for 10 moths.
A disqualification case was filed because of the requirement
that at least she must has resided for at least 1 year in the
district where she is to run for congress.
Sc said that when the husband died and she decided to return
in her place of birth, she reacquired her domicile of origin
and she never lost it. She is not a resident of Leyte for 10
months but a resident in the place since birth.

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-Case: Aquino vs Comelec JURISDICTION PROMULGATION OF RULES ON MATTERS OF
Aquino ran as congressman in Makati after he transferred SECRECY OF CASTING VOTES
residence from Conception Tarlac after he has exhausted Promulgation of rules on matters of election on secrecy of
the three terms as congressman. your casting of your ballots. Who has jurisdiction to
He was disqualified upon petition of another candidate. promulgate the rules?
SC declared that there was no effective transfer of residence Congress.
because the records would show that he was still a
registered voter of Conception Tarlac. He only has a JURISDICTION ON PORCEDURE FOR VOTING
condominium in Makati. On the matter of providing for procedures on how a voter can
His acts do not correspond to his intention of changing his vote, who has that power to do?
residence. COMELEC

DISQUALIFIED VOTERS
RESIDENCE AND DOMICILE If you are a permanent disabled voter who cannot prepare his
TN of these cases because insofar as in public office running own ballot, are you allowed to vote?
and voting, they are of the same n the POV of political law. He is disqualified.

EXCEPTION TO REQUIREMENT OF RESIDENCY ON EXERCISE Who are disqualified?


OF RIGHT OF SUFFRAGE 1. convicted by final judgment of a criminal case where the
As an exception to the requirement of residence, for penalty is more than 1 year of imprisonment
purposes of enjoying the right of suffrage TN of the case of 2. deserter of armed forces
Lewis vs Comelec, Dual Citizens, RA 9225, and Absentee 3. insane person
Voting, RA 9189.
JURISDICTION ON:
ABSENTEE VOTING RA 9189 PROMULGATION OF RULES RELATING TO ELECTION LAWS
1. local absentee voters -Comelec (exclusively on quasi legislative function)
2. foreign absentee voters PROMULGATING LAWS RELATING TO GOVERNING
PROCEDURE
1. LOCAL ABSENTEE VOTERS -Congress
Those because of their jobs, require them to vote in
another place, although they are not residents of that place.
Examples: military, teacher, OFW. AFTER BREAK
RA 9225 grants the right to vote of dual citizens.
JURISDICTION ON ISSUES RELATING ON THE RIGHT TO VOTE RA 9189 procedures for absentee voters - dual
Who has jurisdiction relating to the right to vote? citizens.
MTC. It is a judicial issue.

COMELEC is only on the matter of registration. But on the


right to vote, it is he court that determines any issue
pertaining to the right to vote such as disqualification.

SUBSTANTIAL QUALIFICATIONS PROVIDED BY THE


CONSTITUTION CANNOT BE EXPANDED
Substantial qualifications provided by the constitution cannot
be expanded. Only procedural requirements may be
expanded by congress through laws.
So you cannot require that you have to have some properties
or be able to read or right. If you do that, you will be
amending the constitution by ordinary legislation.

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CONSTITUTIONAL LAW
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4. SOVEREIGNTY MANIFESTATIONS OF SOVEREIGNTY WITHIN THE STATE
SOVEREIGNTY is the highest ruling authority, it is the 1. enactment or passage of law where everybody and
uncontrollable power by which the state is governed. everything is subject to
Without which, the state cannot be considered a s state. This is manifested by the states jurisdiction over persons
and things found within its boundaries and even outside its
MANIFESTATIONS OF SOVEREIGNTY territory
A. supreme power to rule within and outside as manifested
by: KINDS OF JURISDICTION
1. peoples obedience to the laws a. territorial jurisdiction
2. enjoyment of independence or freedom from b. personal jurisdiction
independent control of a state c. extraterritorial jurisdiction

CHARACTERISTICS OF SOVEREIGNTY A. TERRITORIAL JURISDICTION


1. indivisible All things and persons found within the state are subject to
-it cannot be shared because there is only one highest the laws of that state.
ruling OW it could mean the destroyment of sovereignty However there are some exceptions to this, such as:
2. imprescriptible a. extraterritoriality principle
3. absolute b. persons exempt from the jurisdiction of the state
-no body can question the exercise of the power and the 1. heads of state
laws passed by the sovereign -they are considered as extension of the personality of
4. uncontrollable the state that is sovereign; that these heads of state
5. virtually no limitations are representing
-if there is any limitations, its because we decide to have 2. things and persons in certain areas like embassies,
limit as provided in the constitution ambassadors and consular officials
6. not subject to any statute of limitations -to a certain extent they are not subject to the laws of
7. non transferable the countries where they are found
-it cannot be alienated. The moment you transfer, the -an EMBASSY is an extension of the country that it
one who was exercising seizes to be sovereign and the represents.
transferee becomes the new sovereign 3. where an agreement was entered into by two parties
8. comprehensive -like what we had in US Military Bases agreement. The
-covers practically everything and every person within its military personnel were not subject to the local laws
boundaries and authority c. foreign vessels that docked in our ports
9. exclusive -if foreign military vessel, we do not have jurisdiction
even if they are in our waters because it is like as
extension of the country it represents.
-if merchant vessels, we follow the principle of French
and English principle
-NATIONALITY PRINCIPLE goes by what flag is being
flown by the vessel
-FRENCH RULE - anything that happens inside the
vessel, even if it is docked in our ports, as long as it
doesnt affect the peace and order or nation al
security of our country, it is within the jurisdiction of
the country whose flag is flown by the vessel.
-ENGLISH RULE anything that happens in the
vessel, for as long as it affects only the persona and
crew in the vessel, the Philippines has no
jurisdiction. Only when it affects our security that
the Philippines has jurisdiction. Virtually, the effects
are the same.

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B. PERSONAL JURISDICTION IMMUNITY OF STATE FROM SUIT
This refers to the citizens of the country that even if they Because the state is sovereign, there cannot be any authority
are found outside the country, they are subject to our laws higher than that. Thus it cannot be subjected to the control
because the Philippines is sovereign, specially those laws and supervision of the courts. Precisely not cannot be sued.
governing on status.
So even if you contract divorce abroad, as far as the Case: Carlo vs COA
Philippine laws are concerned, you are still married. The principle why the state cannot be sued is because there
Because they are subject to our laws still, they are subject cannot be any legal right as against the authority that makes
to our protection still. the law on which that right to sue depends.
So even if your claim against the state is valid, that can easily
C. EXTERRITORIAL JURISTDICTION be defeated by the states invocation of immunity from suit
This refers to the states jurisdiction over persons and because the state is sovereign.
things found outside the territory.
Example, Philippine embassy in the US is subject to And that is what we call THE ROYAL PREROGATIVE OF
Philippine laws. Persons found in the embassy are subject to DISHONESTY. It is synonymous to immunity from suit.
the laws of the country.
IMMUNITY OF FOREIGN STATES
Foreign states are likewise immune from suits.
When it comes to conflicts with certain persons or entities in
the country where ordinarily under certain circumstances,
applying our laws, they are supposed to be settled before
our local courts.
But because foreign state, like our state are immune from
suits, they cannot be tried on cases filed in court.

THEORIES ON IMMUNITY FROM SUITS OF FOREIGN STATES


1. absolute and classical theory
2. restrictive theory

1. ABSOLUTE CLASSICAL THEORY


Same reasoning. The state is immune from suit and
therefore he cannot be subjected to local laws.
However, this applies only to governmental acts, relating to
functions discharged which is governmental in nature. IOW
an act of a sovereign state.
But in a restrictive sense, it may still be suable if the acts
subject of the suit are commercial, nothing to do with the
performance of a governmental function.

Case: Del Rosario


Vatican. Supposedly the property was donated to it so that
they can build an office. Instead, it was sold to someone
else, under the condition that the squatters in the area will
be ejected. But the owner failed to do that, so they are
being sued.
Are they suable?
First of all you must understand that Vatican is a foreign
state.
As a foreign state, can it be sued in our courts?
That depends on in what capacity was the contract of sale
entered into by the Vatican, governmental or commercial.
SC said it was governmental. Therefore, they are not suable
in our courts.

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IMMUNITY OF Philippines AS A STATE Because you impleaded the Republic as party defendant or
Insofar as the Philippine state is concerned, it is immune from respondent of the case, will the case be dismissed because it
suit as it is provided under sec 3 art 16 of the constitution. is a suit against the state? Is it a suit against the state?
You go to the test. DOES THIS REQUIRE AN AFFIRMATIVE
SECTION 3. The State may not be sued without its consent.
ACT such as appropriation of public funds in the event
judgment is rendered in favor of the petitioner declaring him
STATE THAT YOU CANNOT SUE as the property owner? Would that mean disbursement of
But what is the state that you cannot sue? public funds? Would that mean loss of government
It is represented by the following: property?
A. Republic of the Philippines
Certainly it will not require appropriation by congress.
B. unincorporated government Would this result to loss of government property? NO. the
C. public officers and employees in the discharge of property never belonged to the government.
governmental functions It would have been different if after finding out that it is
owned by the state, you grant it and gave it to petitioner.
A. REPUBLIC OF THE PHILIPPINES Then that would mean loss of government property. In
DETERMINITION IF IT IS A SUIT AGAINST A STATE
which case, the action may not prosper because it is a suit
The COMMON DENOMINATOR is even if you sue any of the against the state.
three, if it does not require an act on the part of the
government such that it would require appropriation of EXPROPRIATION OF PROPERTY
public funds or it will involve a loss of public property, that is There is an issue whether after expropriation the land can be
not considered a suit against the state. recovered by the original owner if he is not paid of just
compensation... Because of this principle of the immunity
IOW the determining factor in considering the suit as a suit from suit.
against the state, and therefore as a GR should not prosper
You have an action for the recovery of expropriated property
is that, in the end if judgment is rendered against any of
that was not paid with just compensation. Can we recover as
those enumerated would mean appropriation or a general rule?
disbursement of public funds or loss of government NO. Except when there is payment within 5 years after the
property, then that is considered a suit against the state and finality of judgment, because the state is immune from suit.
should not be allowed unless the state gives its consent. (Lim vs Republic)
After 5 years, you can sue even if it is already registered in
REGISTRATION OF PROPERTY
the name of the republic.
For example, the Republic of the Philippines, by the
registration of cases of title over a parcel of land (Torrens
Title all title should be registered OW it is presumed to be B. UNINCORPORATED AGENCIES OF THE GOVERNMENT
the property of government). So you file for registration of AGENCIES OF THE GOVERNMENT
title. Against whom will you apply this property for The agencies of the government may be classified as
registration? Against the Republic of the Philippines. So you 1. Unincorporated
implead it which may be represented by an incorporated
2. Incorporated
agency of the Republic, the DENR or the Department of 3. Municipal corporations
Lands.
Why? Because of the principle of REGALIAN DOCTRINE - All 2. INCORPORATED AGENCIES
lands and resources belong to the state unless you can The INCORPORATED are the agencies of the government
prove that these lands are alienable acquired by a private such as GOCC which are chartered by special laws or
individual and therefore it does not belong to the governed by charters or the corporation code which under
government. Because ultimately, the owners of he land and the law, they are considered as juridical persons having a
the natural resources are the government.
separate and distinct personality from the government of
the Philippines allowing them to acquire properties and to
sue and be sued in connection therewith.
Because they have a separate and distinct personality, they
can sue. And as a consequence of allowing them to sue, they
open themselves to countersuit.
Because it would be unfair if they would call upon
immunity from suit. And if judgment is rendered against
them, they have funds to satisfy the judgment, independent
from public funds which are earmarked for public purposes.

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And that can be subjected to garnishment in an execution Case: Camp John Hay
on the judgment. It was owned them at the time by US armed forces.
The cook urinated on the soup. The customer sued the
FUNCTIONS armed forces.
Incorporated agencies primarily are COMMERCIAL, Is it suable?
PROPRIETARY FNCTIONS. Its a business function. The US armed forces is an unincorporated agency of the
Even if it is not a business function, still by its own charter it government of US that is immune from suit. But their
is allowed to sue and be sued. engaged purely on business has nothing to do with the
function of the armed forces.
For example, state universities in their charters are allowed SC said it is suable.
to sue and be sued and therefore cannot invoke immunity
from suit. When they entered into a contract to repair the walls and
piers used by armed forces, but they did not pay, are they
1. UNINCORPORATED AGENCIES suable?
UNINCORPORATED AGENCIES are those that do not have a No. because this is a governmental contract.
separate and distinct personality from the government of
the Republic of the Philippines.
So if you are to sue them, it is like suing the Republic of the PURELY COMMERCIAL - SUABLE
Philippines. If you sue the Republic it is not allowed because Purely commercial for an unincorporated agency to be
the republic enjoys immunity from suit. suable.
It has to involve disbursement of public funds or loss of
property in the event judgment is rendered against the
unincorporated agency of the government. COMMERCIAL FUNCTION INCIDENTAL TO GOVERNMENTAL
FUNCTION NOT SUABLE
FUNCTIONS If it is also engaged at the same time a commercial function
You have to distinguish what was the function that was or business, however incidental to the discharge of the
exercised by this unincorporated agency. governmental function, is it suable or immune from suit.
a. governmental
b. ministrant or proprietary function In the case of Bureau of Customs also engaged in arrastre
business, which is important to the assessment of taxes, to
PURELY GOVERNMENTAL NOT SUABLE be brought to the office to be assessed.
It is not suable if the function is purely governmental. In the event they cause damage, will they be suable? NO.
If it is primarily COMMERCIAL/business function, then you Because the arrastre business is merely incidental to the
can sue the unincorporated agency. performance of a governmental function taxation
function/assessment of taxes.
Example, when the PNP enters into a contract with a
supplier of raincoats to be used by traffic enforcers. Is that RULES
commercial or government? 1. incorporated -suable, no dstinction
You go by the purpose. Law enforcement. Definitely that is 2. unincorporated
governmental because hat would involve implementation of a. purely governmental -not suable
the law. b. business -suable
In case PNP does not pay for the raincoats, can the supplier
sue the PNP? NO. because it is an unincorporated agency of
the government. It is a suit against the state.

If the government enters into a contract and engages into a


business, then it is suable, even if it is unincorporated.
If PNP engages in a barbershop, if somebodys ear was cut
because of negligence, is PNO suable? YES. Because this is
purely commercial. Nothing to do with the governmental
function.

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3. MUNICIPAL COROPRATION C. PUBLIC OFFICERS AND EMPLOYEES IN THE DISCHARGE OF
This is a hybrid kind of corporation, the LGUs. GOVERNMENTAL FUNCTIONS
It is hybrid in a sense that they are engaged both in For as long as the public officers discharges the function
governmental and proprietary functions. within the scope of his authority, he is not suable except if
he is a SPECIAL AGENT.
GOVERNMENTAL FUNCTION
So therefore, if it is governmental/sovereign function, as a Under art 129 of NCC, the state has expressly given its
GR it is not suable. But the LGC allows them to sue and be consent to be sued for acts or omission that constitute torts
sued their own charter or chartered cities with some LGUs. of a special agent, even if it was in discharge of a
And therefore they are suable. governmental function.
A SPECIAL AGENT is one who is designated a position foreign
-IMPLEMENTATION OF THE JUDGMENT AGAINST LGU to his regular duties and responsibilities.
But TN the proving of a claim against the LGU is one thing. If he commits damage to someone that would constitute
Implementing the judgment against the LGU is another torts, the government has expressly given it s consent to be
thing. sued.
So that if you are suing the LGU because it is allowed under
the LGU and you won the case, can you ask for a writ of PUBLIC OFFICER WITHIN AUTHORITY - EXEMPT
execution to garnish public funds of the LGU? NO. not OW for as long as it is within the scope of the public officers
without an appropriation or an ordinance providing for an authority, he is not suable; he is considered as an agent. An
appropriation. act of a public officer is considered an act of state therefore
If public funds, because the suit is premised on the exercise he is immune from suit.
of a governmental function by a municipal corporation.
EXCEPTIONS: WHEN PUBLIC OFFICER WITH AUTHORITY IS
SUABLE
PROPRIETARY FUNCTION 1. acts without authority
But if it proprietary function and you are suing the 2. ULTRAVIRES ACT
municipal corporation, you can ask for a writ of execution. 3. acted in malice and bad faith
4. gross negligence
They engage in distribution of water and electricity. If sued 5. grave abuse of discretion
in its purely proprietary capacity, you can garnish the funds
of that corporation that the LGU may engage in. These are not considered acts of the state and therefore it
can be sued in his personal capacity.
-SUE BY MANDAMUS TO COMPEL PAYMENT
If the LGU refuses to pay, then you can sue the government Case: Sandoval vs Republic
with mandamus to compel it to pass the supplemental Those military personnel and policemen responsible in the
budget with the appropriation of funds in payment of the shooting of the farmer at Mendiola. Farmers were shot to
award in the judgment. death by police and military personnel.
The case against the Republic was dismissed but not with
those responsible policemen and military men in their
personal capacity.
Based on the findings of the Davide Commission, there was
gross negligence on the part that resulted to the massacre of
these farmers.

So when one is sued because he is a public officer, that does


not mean that there is a public officer that is immune from
suit.
If there is an allegation of abuse of discretion, the suit against
him may not be dismissed.

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CONSTITUTIONAL LAW
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EXCEPTION TO EXCEPTION only be through a statute.
Case: Ministerio vs CFI Even if it is stipulated in the contract that in the event some
The road in Gorordo was expropriated without conditions are violated by the government, the other party
appropriation for just compensation. IOW it was shall have recourse against the government, that is not a
expropriated without provision on the payment of just valid waiver of immunity. It can only be through a law.
compensation. It was taken and used by the public.
The property owner then sued DPWH and the director. ALLEGATION IN THE COMPLAINT
DPWH is unincorporated and the director is a public officer. In fact, when it is filed in a complaint, it has to be alleged in
The moved for the dismissal of the case on the ground the complaint. the court would presume that the state is not
invoking the immunity from suit. giving its consent to be sued and that can be dismissed for
SC allowed the owners of the property the DPWH. Because lack of jurisdiction because simply the state enjoys immunity
if the owner of the property will only be allowed to sue the from suit.
director in his personal capacity, what can he pay it with.
Definitely this is dismissable because the act of the director EXPRESS GIVING OF CONSENT GENERAL LAW
is not the act of DPWH. Because it was made without It can only be by general or special law.
authority, it was an ultra vires act. Example of GENERAL LAWS;
This was the exception where the SC said; if it causes a. Act 3083
injustice to the property owner, he may be allowed to b. Commonwealth act 327 as amended by PD 1445
establish and prove his claim against him. c. Art 2180 NCC
d. Art 2189 NCC
The expropriation cases where the issue is non payment of e. Law creating the Department of Agriculture
just compensation, the owner of the property is allowed to
sue the republic or its implementing agency. This is an A. ACT 3083
exception. Act 3083 refers to all claims/civil liability arising from
contracts. The state has given its consent to be sued.

EXCEPTIONS B. COMMONWEALTH ACT 327 AS AMENDED BY PD 1445


1. giving of consent All money claims against the state either arising from
When the state give its consent whether expressly or contracts or OW must first be filed with the Commission on
impliedly then the you may now prove your claim. Audit.
TN that it has to be strictly construed against the waiver of It is only when it is denied by the COA, when you can bring
immunity from suit. up the matter to the SC on certiorari and thereby suing the
If it has to be EXPRESS CONSENT, it has be done through a government agency concerned including the COA.
statute or law passed by congress, not by a contract nor IOW there is a specific procedure provided under the law
consent of a lawyer nor declaration of the president. It can before you can sue the state on money claims.
only be through a legislation either through a SPECIAL LAW 1) First you have to file your claim with the COA. COA has a
or a GENERA LAW. period of 60 days to act on it, whether to grant or deny your
claim for money.
Case: Sandoval In the event it is denied by COA, you can go directly now to
President Aquino created a committee to do an 2) SC on certiorari, and sue the state.
investigation. After the investigation, she declared that the
government was at fault on the massacre. Like in the case of PNP not paying the supplier, supplier
On the basis of that declaration, they sued the Republic for should not immediately sue PNP. Theres a requirement
damages. under PD 1445 that supplier must go to COA.
Here they said there was a waiver of immunity from suit by If the claim is justified, COA will direct PNP to pay. If COA
the states own declaration that it was somehow at fault on finds it excessive, unreasonable or contrary to law, COA will
the killing of the farmers. deny your claim. Now you can sue PNP and COA to SC on
Was there a valid waiver of immunity by that declaration? certiorari. Under that law, the state has given its consent.
SC said no. waiver can only be done by a statute. In the event judgment is rendered, there is a different
procedure now to execute the judgment of the SC because
Case: now you have to get another consent.
In another case where it was a government lawyer who
was saying that any violation of the contract may be sued in
the courts.
That is an invalid waiver. It cannot be compromised. It may

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E. LAW CREATING THE DEPARTMENT OF AGRICULTURE PCGG is an unincorporated agency. But it is suable
There is another law like creating the Department of because the claim initiated by PCGG was to seek for
Agriculture. The law creating the DA, allows it to sue and be affirmative relief, to recover the allege ill gotten wealth.
sued. So it is suable, even if it is unincorporated. By initiating the complaint, it has gone down to the level
of a mere ordinary individual and as such, he is open to
C. ART 2180 NCC counterclaim. IOW he is considered to have waived his
2180 is about special agents, the state has specially given immunity from suit.
its consent to be sued.
PROTECTION OF INTEREST AND RESIST A CLAIM AGAINST IT
D. ART 2189 NCC But not in the case here the state initiated the complaint
2189 on torts, any damage injury or death caused by the because to has to protect its interest and resist a claim
roads, bridges, maintained by a municipal corporation by an against it.
LGU.
TN the one responsible to its maintenance and repairs Case: Pal Oriental
and somebody is inured because of the non maintenance or There was the dispute of ownership on a vessel that was
improper, you can sue the LGU concerned. Because the used as a collateral on a loan by a private individual to a
state has expressly given its consent under this law. bank.
The private individual was not able to pay the bank. The
vessel was foreclosed as a bank.
EXPRESS GIVING OF CONSENT SPECIAL LAW The government intervened as a plaintiff against the
A special law is a law passed by congress specifically bank to stop the foreclosure claiming that the vessel
allowing the particular individual to sue the state. belongs to the government and not the individual who
mortgaged it.
Case: Government vs Meruit In the event the court says the real owner is the debtor
He was riding on his motorcycle bumped by the Veterans and not the government, can the bank sue the government
Hospital ambulance, which is a government entity. because there is no more vessel to foreclose because it was
At first it was dismissed because it is immune from suit. He destroyed when 100 years passed because of the
went to congress and he was granted the right to sue the intervention of the government?
hospital with a special law. No. because the intervention or litigation commenced by
the government against the bank is not for the purpose of
seeking affirmative relief but to resist a claim against it.
IMPLIED GIVING OF CONSENT
3 instances:
a. when the government initiates the filing of a complaint 2. when the government engages in purely business
against a private individual asking for affirmative relief transaction
It has to be purely business. If it is incidental only to the
AFFIRMATIVE RELIEF governmental function, it still enjoys immunity from suit.
The purpose of the compliant should be for an Even if it is unincorporated.
affirmative relief, they are asking for redress.
Because if the purpose of filing a complaint is to resist Example. The Philippine information agency to raise
the claim against the state, then even if it was initiated or revenues engaging in promoting activities like PBA games or
started by the government, that is not considered a waiver beauty contest. To do that they have to promote it and
of immunity from suit and therefore still it cannot be sued contract the services of broadcasting co0mpanies. They did
in a counterclaim. not pay. Can they be sued?
YES. While it is unincorporated, it engaged in purely
Case: PCGG business transaction. Therefore it is suable.
PCGG was suing individuals and corporations for ill
Example. Bureau of printing has sideline business of
gotten wealth. They thought that the shares of stocks
printing, employees sued it for salary increase as the
actually are owned by the Marcoses and the registered
bureau acts like a private company.
owners are mere dummies.
Later it was declared to SC that they belong indeed to the SC: Proprietary function is only incidental to performance
owners of the corporation and not the Marcoses. of governmental function, ergo, it can't be sued.
Because of the damages suffered by the corporation
because of the case filed by PCGG, they filed a counter
claim for damages.

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3. when it enters into purely commercial contracts The rule is, you cannot garnish public funds.
It has to be purely commercial. Aside from that, there is the presumption of solvency on the
part of the government. You cannot make attachments on
Example. The case of Camp John Hay is purely commercial. government properties to satisfy the judgment.
If you are contracting the purchase of computers for the
Comelec, that is purely governmental because hat has AGAINST INCORPORATED AGENCIES OF THE GOVERNMENT
something to do with election. If there is a breach of But for incorporated agencies of the government, can you ask
contract, is the Comelec suable? for writ of execution and garnish its funds in the bank?
You file a money claim with the COA, before you can sue Yes.
the Comelec.
4. when it would be inequitable for the govt to claim immunity EXPROPRIATION CASES
You can only ask for a writ of execution to implement and
INTERPLEADER garnish up to the extent of funds appropriated.
When one is compelled to be a litigant in a case, it was upon Remember that before expropriation, there is an
the order in the court. Is that covered by the immunity from appropriated amount.
suits? But inasmuch as it is the court that will ultimaterly decide just
YES. The government cannot be compelled to litigate and compensation, it could be more than what is appropriated.
be an interpleader.
For example, 1m is appropriated for the widening of the road.
The courts awarded up to 5m. The judgment has become
EXECUTION OF JUDGMENT final and executory. Can you ask for a writ of execution to
When judgment is rendered and it is against the state, can garnish the amount of just compensation awarded by the
you ask for a writ of execution? court?
NO. Even if allowed, to prove a claim against the state, it is Yes. But only up to the extent of 1m. the 4m, you have to
not automatic that the state be liable for whatever submit to the implementing agency which is submitted to
judgment is rendered against it. You need to ask for another the president for inclusion in the budget to be submitted to
consent because public funds are EARMARKED for certain congress for the appropriation of funds.
public purposes. If it is a LGU, TN you can ask for the payment but only up to
If you allow the garnishment of public funds, that would the extent of the appropriated amount, should they refuse
prejudice public service because you would be depriving or to cast a supplemental budget to pay the remaining amount
denying certain purposes for which these funds are of the just compensation awarded by the courts, you can
appropriated. sue the LGU for mandamus to compel it and pass the
So you need another consent of the state to answer for the supplemental budget.
liability that is adjudged by the courts.

IOW for suits against the state, those that are allowed
because the state has given its consent to be sued, it will be
only up to the rendition of judgment. You cannot ask for a
writ of execution.

AGAINST NATIONAL GOVERNMENT


Once you get the money claim, you prove that the judgment
is final and you are entitled to the judgment. COA will
submit it to the office of the president, then the office of the
president includes that in the budget to be submitted to the
congress and congress will appropriate the corresponding
amount, if it is a claim against the national government.

AGAINST LOCAL GOVERNMENT


If it is a case against the local governments, then you have to
provide the LGU a copy of the judgment that has become
final. You ask for the payment. And if it does not make
payment, you sue the LGU for mandamus to compel the
passage of a supplemental budget.

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CONSTITUTIONAL LAW
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June 11, 2011 Forms of Govt: 1)
A. GOVERNMENT OF PARAMOUNT FORCE
JAPANESE OCCUPATION
Back to forms of government Take for instance the government that we had during the
2)
Japanese occupation while we were still under US.
4) ACCORDING TO LEGITIMACY We had the Commonwealth Government that was
1. de jure government 3) established pursuant to the Tydings McDuffie Law. It was US
2. de facto government who has the rightful authority of the Philippine territory on
5) to 7)
the basis of the Treaty of Paris.
To differentiate de jure and de facto is relevant only if there is The US was not overthrown by the Japanese military
2 governments at a time. authority. IOW here has never been a transfer of authority
If there is only one government managing the affairs of the then from US to the Japanese.
state then there is no need to distinguish. It is understood Between the two governments, the Commonwealth and the
that the government must be de jure. one established by the Japanese military army, the prior has
the consent of the rightful authority.
DE JURE GOVERNMENT But you cannot deny the fact that the Japanese also
A de jure government is a government established by legal established their government in Manila. And because of the
processes like a constitution ratified as basis for that establishment of the government there, they had to transfer
government. Or you have election of government officials to the seat of the Commonwealth Government to Washington
run that government. DC.
That government has the consent of the rightful authority, So in reality, the one controlling the affairs of the country
which is the people. It has the support of the majority of the through Manila were the Japanese, not the Commonwealth,
people. so that the Commonwealth government exists only in law
It exists not only in law but also in actuality. but cannot exercise the acts of sovereignty at the time
because of the presence of Japanese military.
TWO GOVERNMENTS While the Japanese is controlling the country, they exist only
But when there are two governments at the same time, that in fact, but not in law because they did not have the consent
government may only exist in law, not in reality because of the rightful authority.
theres another government controlling the affairs of the
state. EFFECTS OF BELLIGERENT OCCUPATION OR GOVERNMENT
And thus we now make a distinction between de jure and de OF PARAMOUNT FORCE
facto. What is important here in political law is that you will know
and understand the consequence of the establishment of
DE FACTO GOVERNMENT -exists only in fact, not in law the government of the Japanese.
A de facto government is one which is established by force,
by usurping the powers of a legitimate government or by This is what we call belligerent occupancy or a government
invading the territory after a war or defeating a particular that was established by paramount force.
authority and thereby thereafter establish a government.
What happens to the laws that was passed by the
KINDS OF DE FACTO GOVERNMENT Commonwealth government? ex. 1935 Constitution. Can it
There are three kinds of de facto government: still be applied during the Japanese occupation?
a. government of paramount force Remember that the constitution is political in nature.
This is the government that we had during the Japanese
occupation (see Co Kim Chan v. Valdez 75 Phil 113) POLITICAL LAWS
b. government that is established by the inhabitants of the Insofar as political laws are concerned, can they still be
country who rise in insurrection against a parent state applied? Are people still bound to obey and consider that as
c. government that is established after usurping the powers the constitution during the Japanese occupation?
of a legitimate government and maintaining itself against Except for the allegiance to the territory, US or laws on
that legitimate government treason, all political laws were suspended.
It is not abrogated because there is no change of
democracy - 'demos' sovereignty. TN of the difference.
The sovereignty of US over the territory was merely
suspended because of the presence of the Japanese.
As between Spain and US, when there was a transfer of
sovereignty, all political laws were automatically abrogated,
repealed or abolished.

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CONSTITUTIONAL LAW
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But not during Japanese occupancy. POLITICAL LAWS WERE B. GOVERNMENT THAT IS ESTABLISHED BY THE
MERELY SUSPENDED. INHABITANTS OF THE COUNTRY WHO RISE IN
Except on laws relating to laws on allegiance and laws on INSURRECTION AGAINST A PARENT STATE
treason.!!!
FIRST PHILIPPINE REPUBLIC
MUNICIPAL LAWS A good example of this is during the revolutionary period of
Municipal laws continue unless they are repealed by the the Spanish period.
belligerent occupant. Remember the establishment of the First Philippine Republic
by Aguinaldo whose declaration of independence we will be
EFFECT OF REMOVAL OF BELLIGERENT OCCUPATION celebrating this June 12 (1898).
What happened after the belligerent occupant was removed It was not however recognized as such because it only lived
and there was the resumption of the operation of the for a month. They were not able to get the recognition from
commonwealth government which later turned out to be the Family of Nations.
the Third Republic of the Philippines? What happened to the
laws that were passed by the Japanese sponsored AQUINO ADMINISTRATION - de jure
government? Then we have the legitimacy of the Aquino Administration
POLITICAL LAWS after EDSA.
Insofar as laws that are political in nature, they are There was a question WON Aquinos administration was de
automatically abrogated. jure or legitimate.
Laws or acts of government tainted with political
complexion are also abrogated. REQUISITES
Here, you take note of the requisites:
NON POLITICAL/MUNICIPAL LAWS 1. taking over by one power over an existing government
Non political/municipal laws or acts of government remain Either by force, violence or voice of majority.
good and valid. 2. for the government to be considered de facto, it must
maintain itself against the legitimate government.
DECISIONS OF THE COURT
Meaning decisions of the court at the time that were made Considering that insofar as 1973 Constitution was concerned,
during the Japanese occupation that were non political are it was the Marcos Administration that was legally declared
still recognized as good and valid. as the de jure government, was there still a Marcos
But if these decisions, were tainted with political Government that the Aquino government was maintaining
complexion, they too are abrogated. against after the EDSA revolution?
Apparently, there was no Marcos administration anymore.
Case: So apparently, there is no need to make a distinction. And
He was convicted for robbery for stealing wires of in fact this was ratified by the recognition of the Family of
communication. And when there was a resumption of the Nations that indeed the Aquino Government is a
government, he asked for a writ of habeas corpus on the government that was with the consent of the Filipino
ground that his conviction was politically tainted. people.
It was not an ordinary robbery. He stole the wires for the And this was formally recognized by the ratification of the
purpose of sabotaging the government of the Japanese. So it 1987 Constitution, which is a legal process and the
was politically tainted. subsequent election of the governmental officials,
particularly the congress.

It may have started as a revolutionary government, but


ultimately, they were able to obtain the legitimacy be legal
process, such as by ratification of the constitution that was
used by the government and the election of government
officials, and ultimately the recognition by the Family of
Nations.

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ARROYO ADMINISTRATION - de jure PRINCIPLES UNDERLYING THE OPERATIONS OF GOVERNMENT
Then there was the question on the Arroyo administration
after the EDSA II, on WON the government of Arroyo is de ART 2 DECLARATION OF PRINCIPLES AND STATE POLICIES
jure.
GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES
Case: Estrada vs Disierto But you already know what government we are referring to,
Sc said that there is no question of legitimacy because Arroyo that is defined under sec 1 of the Revised Administrative
only succeeded by operation of law. Estrada having Code as the corporate governmental entity through which
resigned, she became the next president. So it is de jure. functions of government are exercising as the country
It has nothing to do with transferring power from one appear from the context throughout the country, including
government to another. This involves only one government various arms through which political authority is made
and the change of administration by operation of law. In this effective in the Philippines pertaining to:
case, succession. Autonomous regions
Therefore, Arroyo became the legitimate president of the Provinces
Republic. Cities
Municipalities
Barangays
FUNCTIONS OF THE GOVERNMENT Other forms of local government
Insofar as liability and suability, we should know the
difference between: IOW when we say Government of the Republic of the
1. governmental or constituent function Philippines, we refer to agency or instrumentality exercising
2. ministrant or proprietary function governmental functions.

OBLIGATIONS OF THE GOVERNMENT NON SELF EXECUTORY like in political dynasty


Insofar as the obligation of the government is concerned, This government is founded on the principles as declared in
there is no more distinction between constituent and art 2. But TN, they are not self executing. Therefore, you
ministrant. cannot go to court and use these provisions as basis for
They are all mandatory functions of the government judicial action, unless there is a law implementing the
especially the concept of the PROMOTION OF SOCIAL provisions of art 2.
JUSTICE.
IOW what used to be an optional functional government now Case: Tanada vs Angara - World Trade Agreement
has become a mandatory function of the government. SC said you cannot use the provisions of art 2 as your legal
Because without the governments intervention, no one can basis to go to court for judicial relief.
live a decent life. If there is any violation of the judicial provision, you cannot
implement these provisions unless there is a statute or
MANDATE OF THE CONSTITUTION TO THE GOVERNMENT legislation implementing the provisions of art2. sec. 7
Inasmuch as the government is mandated, what is the It cannot be a source of right neither can it be a source of
mandate of the constitution to the government? obligations of the government.
That it must give those who have less in life, more in law;
so that a man can live a decent life as part of his promotion
of and protection of human rights.

governmental functions vs proprietary/ ministrant


-main exec, leg and jud -on top of govtal fns
-for promotion of gen welfare
-optional (can be taken cared
of by private enterprises)

What used to be an optional function of the govt has now become a


mandatory obligation because of the mandate of the constitution to
promote social justice (eg. low cost housing and relocation of informal
settlers). People won't live a decent life if govt will not intervene.

-------PREMID--------

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SEC 1 EX. INTERPRETATION OF THE LAW
SECTION 1. The Philippines is a democratic and republican State. Sovereignty In the interpretation of the law, SC is assigned.
resides in the people and all government authority emanates from them.
people = electorate
EX. ADMISSION TO THE BAR
We started discussing on section 1. Admission to the bar, it is the SC.
MANIFESTATIONS OF A REPUBLICAN GOVERNMENT Therefore, the president cannot interfere in that function of
So we explain, how do you know that that the government is SC.
republican? Like in the lowering of the bar rating, congress cannot
You will know that it is republican because of the
legislate that because that function is exclusive to the SC.
manifestations Because the constitution says so.
1. existence of the bill of rights
2. government of law and not of men L, E and J
If you have mastered articles 6, 7, and 8, you will know that
3. observance of the separation of powers these functions cannot be interfered with. The moment that
-corollary principle: principle checks and balances is interfered with, then there is always the question of
Judicial review
violation of separation of powers.
4. non delegation of legislative powers
5. right of suffrage -elections through popular will
IMPLIED EXCLUSIVE POWERS
6. accountability of public officers Also you must TN, while there are different powers of each
7. prohibition against the passage of irrepealable laws branch, there are powers that are not expressed but are
8. plurality understood by implication, because it is inherent and
9. rule on majority -one who gets the highest number of votes winsnecessary in the exercise of the express powers.
GR: X: if there is checks & balances, or if And that is a prerogative as well of the branch that cannot be
3. SEPARATION OF POWERS some functions are shared by depts interfered with by the 2 other branches of government.
If the powers are concentrated only in one person, then the
system is not democratic but a monarchial, autocratic, -EXAMPLE: CONGRESS CONTEMPT - legislative inquiry
tyrannical or a dictatorial government. Congress main function is to make laws. That is express by
So you have three branches. the constitution. Thats plenary.
As an incidental function, to make it effective, they inquire
HOW OBSERVED in aid of legislation. That too is express.
In a system of presidential form of government, how is this
But what if the person being summoned by congress will
observed?
not appear. This is not provided in the constitution but it is
For as long as the power is a prerogative, a discretionary inherent in the express power granted in congress which is
power of a branch, that cannot be interfered with by the contempt powers.
two other branches of the government.
So you have to master the incidental powers granted to a
How do you know that this is a prerogative of one branch or a particular branch in the exercise of the express powers
discretionary power of one branch?
because they too shall be exercised with the guaranty that
Because the constitution expressly assigns the power to they too should not be encroached or interfered upon by
that particular branch. the two other branches. OW any encroachment of these
inherent or implied powers or residual powers are
EX. MAKING OF LAWS considered violation of separation of powers.
In the making of laws, the constitution says it is assigned to
congress.
Pres' Executive Privilege vs Congress' Legislative Inquiry
Therefore as a general rule, that power can only be
exclusively exercised by congress, not by the president, not sovereignty exercised directly by people thru:
even by SC.
1) ratification of the constitution
2) election of govt officials
EX. EXECUTION OF THE LAW
3) creation/abolition of laws thru plebiscite
In the execution of the law like appointment of government
4) initiation of laws thru initiative
officials to execute the law, the constitution says it is
assigned to the president. 5) approval/rejection of laws by referendum
Therefore, congress cannot interfere, neither can SC. 6) desisting the govt power thru people power

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ON THE MATTER OF IMPEACHMENT June 13, 2011
What does the constitution say on impeachment? To whom is
this vested? EXPRESS POWERS
Initiation of impeachment proceedings, the constitution is For as long as the power is a prerogative of a particular
very clear, house of reps. branch, that cannot be interfered with or encroached upon
Prosecution and hearing of the case, the prosecution will by the other branches in the government.
be in the house of reps if there is an initiation of How do you know that it is a prerogative or a discretionary
impeachment. But who is gonna hear the case? Exclusive of power of that branch?
the senate. Because it is assigned to it expressly by the constitution as
a GR.
What is the controversy on the impeachment proceedings?
Because the SC issued a TRO and now the house of reps are IMPLIED POWERS
complaining that that is an encroachment to the exclusive Although, because of that express grant of the power, there
prerogative that the constitution has expressly assigned to are certain powers although not granted by the constitution
them. is inherent in the express power, still that is considered as
discretionary in the branch and therefore that cannot be
Was there an encroachment vis a vis a judicial review by SC, interfered with by the other branches of government.
and in fact SC issued a TRO in the case of ombudsman?
TN that while it is true that SC has provided an assignment EXAMPLE CONGRESS CONTEMPT
for each branch, this must be exercised in accordance with Law making is an express grant of powers to congress. In
the provisions of the constitution. fact it is plenary. Except for the limitation that may be
OW, if you go beyond what is granted to you, who will be provided in the constitution for both procedural and
saying that you have abused your authority? It is the courts, substantive limitations.
as an express assignment of the constitution to the courts. But as you knew already, corollary to the mower to make
laws is the power of legislative inquiry and that is expressly
Remember, judicial power is defined as not only limited to granted by the constitution to congress.
settling disputes involving legally demandable and But in that express grant of power, there is no mention
enforceable rights and as well as to determine whether about contempt power that may be exercised by congress
there has been a grave abuse of discretion amounting to for contumacious witnesses who refuse to testify in relation
lack or in excess of jurisdiction. to this legislative inquiry in aid of legislation.
But it is understood, it is inherent in the power of
So SC says that what they are doing is their job as assigned legislative inquiry in relation to the law making power of
by the constitution that they are to review whether the congress that there should be some teeth to the exercise of
discretion is abused amounting to lack of jurisdiction. powers OW it will be useless to summon witnesses to shed
light on certain matters that would help them in legislation if
This is not an assertion of the superiority of the courts but they can easily refuse the summons being issued by
the supremacy of the constitution as enunciated in the case congress.
of Angara vs Electoral Commission. And that contempt powers as a general rule cannot be
interfered with by the SC by issuing an injunction because
that is a discretionary power of congress, although not
express, its inherent in the express power granted by the
constitution to congress.
Neither can the president interfere by granting pardon to
those who are cited for contempt. Because that will be
considered an encroachment of a prerogative of a particular
branch and thereby violating the separation of powers.

That is the more difficult part. Because insofar as the express


powers, you have mastered that. And as a GR, it cannot be
interfered with because of the principle of separation of
powers.
Inherent powers, residual powers or powers that are implied
in the grant of the express powers are those that you are
not too familiar because they are jurisprudentially
established by express provision of the constitution.

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CONSTITUTIONAL LAW
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EXAMPLE PRESIDENT DEPORT UNDESIRABLE ALIEN PRINCIPLE OF CHECKS AND BALANCES
For example is the power of the president as the chief Another point that you should TN on the separation of
executive of this country to deport undesirable alien. powers is on the checks and balances on the exercise of
You cannot find that in any provision of the constitution. It discretionary powers.
is a residual power inherent in his being the chief executive. Because while it is true that the power is expressly assigned
And therefore it cannot be questioned by the congress, to a particular branch by the constitution, the constitution
neither by the court. itself provides for the limitation or the checking of the
power in order to balance the powers of the government
EXAMPLE ENTRY TO COUNTRY (?) and protect the people from any arbitrary control by any of
On the matter of who should be allowed to enter the the branches in the government.
country, that is also a residual power established by
jurisprudence. -EXAMPLE LAW MAKING POWER (CONGRESS)
Case: Marcos vs Manlapus What I have earlier pronounced that the law making power
It was considered an encroachment by the SC when it was of congress is plenary, but the power by express provision of
reviewed. Later it was explained why it was reviewed and the constitution is being limited or checked by the
there was a justification why the SC was not cited for constitution itself.
violating of separation of powers. How is this checked by the constitution? No bill shall be
Because there are exceptions to this. But generally, when passed unless it is signed by the president. So if the
the power is granted to the constitution or if the power is president finds it contrary to the constitution, the president
inherent in the express grant of powers, the residual power can always exercise his prerogative as expressly granted the
or implied power necessary to the express power, like the constitution vetoing the bill.
express powers, they are exercised by the three branches
without the encroachment or the interference of the other If the veto power of the president is likewise abused by the
branches of the government. powers of the president, that can also be checked by
congress itself by repassing the bill.
EXAMPLE PRESIDENT DECLARATION OF STATE OF Of it obtains 2/3 votes, then the veto power is overridden.
NATIONAL EMERGENCY The bill becomes a law regardless of the veto of the
You also have hat issue relating to the declaration of the president.
state of national emergency. Is there any provision in the
constitution that the president can expressly exercise the JUDICIAL REVIEW
power? NO. And in the event, if that bill is contrary to law, however it
But this was implied in the case of Arroyo as the chief was sighed by the signed by the president or overridden by
executive fostered by her being the commander in chief of 2/3 votes of all members, the constitution provides for a
the armed forces, and should not be interfered with b ythe limitation.
courts. If anyone is aggrieved by an unconstitutional law, he can
SC sustained that power of the president. always seek relief or redress from the courts and only then
can the courts check these powers by judicial review.
TN of the powers of SC or other inferior courts in the
exercise of judicial review. Because of the separation of
powers, the court cannot moto proprio declare a law
unconstitutional, or consider the exercise of the prerogative
as having been exercised with grave abuse of discretion
amounting to lack or in excess of jurisdiction.
Someone has to invoke the authority of the courts by filing
a case in courts.
But it is not the mere filing of the case in court because
there are other requisites that must be complied with in
relation to the separation of powers.
REQUISITES TO FILE A CASE TO DECLARE A LAW
UNCONSTITUTIONAL:
1. actual case or controversy
2. raised by the proper party
3. raised at the earliest opportunity time
4. question of constitutionality must be the lis mota of the
case

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GENERAL CONCEPT OF JUDICIAL POWER amounting to lack or in excess of jurisdiction.
Here, in the event someone goes to court and questions
the constitutionality of law, TN of the role of SC. SC can now In many cases where there is a question on
review. Because now under sec 1, art 8, judicial power is not constitutionality, specially when there is a conflict between
just limited to applying the law and determine the conflict the exercise of powers of the president and of congress, the
by settling the disputes, applying laws that are applicable in SC can always act as a referee.
case of a conflict involving rights that are both demandable Even if he claimed that the power is discretionary because
and enforceable. Then, the court usually in the exercise of it is expressly assigned to them by the constitution, this is
judicial power interpret the law and apply the law. That was not to preclude the SC to review if that discretionary power
the general concept of judicial power. is abused.

EXPANDED CONCEPT OF JUDICIAL POWER Precisely, before the SC resolved on the merit, the issue,
But TN that has been expanded that the SC and other the SC still has to determine whether there is justification to
courts can also review WON there has been grave abuse of exercise its power of judicial review.
discretion amounting to lack or in excess of jurisdiction. Because as I have said, the judicial power may be used to
IOW what our constitution has recognized that each branch interfere into the prerogatives of the two other branches to
is supreme on its own sphere whose prerogatives cannot be make sure that SC will not be accused of interfering so you
interfered with by the other branches including the SC; must make sure that the 4 requisites are present.
because of the provisions of art 8, here that may still be So if one of the elements is absent, generally, there is no
reviewed if somebody goes to court and ask for relief, justification for SC to exercise judicial review. OW that
questioning the validity in the exercise of the prerogative. would be an encroachment of the prerogatives of the two
The constitution so provides. other branches of the government.

So the SC has no choice but to review because that is part Case: Ombudsman Merceditas Gutierez
of their power and obligation. There was an accusation made in the house of reps
And if it finds that indeed there is a grave abuse that while particularly the Committee on Justice, the SC has abused the
that is your discretionary power, however you abuse it power of judicial review because they have interfered with
amounting to lack or in excess of jurisdiction, SC has the task the prerogative to initiate impeachment proceedings.
to nullify it or declare it as null and void. Here TN that the issue is not the interference into the
This is not an assertion of the courts superiority. This is an impeachment proceedings prerogative to initiate on he part
assertion of the supremacy of the constitution. of the house of reps, but to determine as it was alleged by
(Angara vs Electoral Commission) the petitioner that that prerogative has been abused by the
house of reps by not following the procedure as provided b
the constitution.
POLITICAL QUESTIONS The constitution provides that there can only be an
IOW, even political questions involving purely discretionary initiation of impeachment proceedings not more than once
matters may still be reviewed by the courts without violating in a year, and that was an issue.
the separation of powers. Naturally the SC has to look into that because it was
Its more on checking the powers in order to balance the 3 alleged. And eventually the SC ruled in favor of the house of
branches powers and protect the people from any arbitrary reps saying that there has been no abuse of discretion and
control by the presidents exercise of his prerogative or by there has been no violation of the requirements of initiation
congress in the making of laws, through this judicial review of impeachment proceedings.
power of the courts. That does not make the SC superior of the two other
branches, but simply assert what is provided in the
However, insofar as political discretionary powers, the constitutionnot the superiority of the courts but the
issue is limited into WON there has been a grave abuse of supremacy of the provisions of the constitution.
discretion amounting to lack or in excess of jurisdiction.

Case: Marcos vs Manlapus


There was a question on the discretionary power of the
president to determine who should be allowed to the enter
the country.
Notwithstanding that it is a discretionary power of the
president, the SC reviewed it if only to determine whether
that discretionary power of the president is abused

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SHARING OF THE POWERS -EXAMPLE SHARED JUDICIARY POWERS
Another point that you should TN are those circumstances In the exercise of QUASI JUDICIAL POWERS by the
where no less than the constitution or existing statute ADMINISTRATOVE BODIES, settling disputes between and
providing for the sharing of the exercise of the powers. among employees subject to the review of the president.
That is by nature judicial but that is assigned to the
-EXAMPLE SHARED LAW MAKING POWER executive department.
For instance, the law making power is definitely the power CONGRESS to a certain extent also exercises judicial
expressly assigned to congress as provided in the functions. CONTEMPT power is by nature judicial.
constitution. ELECTORAL TRIBUNAL POWERS to conflict or settle conflicts
But do you know that this power by express provision of involving election offenses among members of congress.
the constitution has also been assigned or delegated to the Who are the members of Electoral Tribunal? 6 of whom are
two other branches of the government? members of congress.
IMPEACHMENT is judicial by nature. There is a proceedings
The PRESIDENT is delegated with EMERGENCY POWERS where it is adversarial where house of reps acts as a
under sec 23 or to ADMINISTRATIVE BODIES on subordinate prosecutors and the senate as the adjudicators or tribunal.
legislation.
This is executive branch and yet exercising the power to a
certain extent for purposes of implementing the law. They So if you can observe, there is more to the blending of
promulgate rule and regulations insofar as administrative powers rather than the complete or absolute separation of
bodies under subordinate legislation, the president insofar powers. Theres more to the interdependency of the powers
as the exercise of emergency power. rather than on complete independence.
In effect, the executive branch exercises legislative powers, TN in relation to it, you have checks and balances and you
however limited. have judicial review power of the courts.
We will explain this further when we go to the delegation
of legislative powers.

The SC under sec 15 art 8, the SC has exclusive power to


promulgate rues governing:
1. Pleadings
2. Practice of law
3. Procedure in court
4. Admission to the bar
5. Matters extending free legal assistance to the indigents
These are exclusive.
In the case of Gingoyon vs Republic, congress is never
precluded form promulgating or making or enacting laws
providing or amending the rules of court. Because after all,
the legislative power is plenary as far as congress is
concerned.

-EXAMPLE SHARED EXECUTIVE POWER


How about the executive power? Are there instances when
it is also being exercised by the two other branches? YES.
In the matter of APPOINTMENT, by nature that is
executive. To ensure hat laws are faithfully executed, the
president being the chief executive makes the appointment
in the government. In fact, if there is no law providing who
should be the appointing authority, it is understood that
that power is being appointed with the president being the
chief executive.
But this power is being assigned to CONGRESS and SC, in
the matter of APPOINTING THEIR OWN STAFF AND
PERSONNEL to maintain the independence of the three
branches.

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4. NON DELEGATION OF LEGISLATIVE POWERS EMERGENCY POWER
Related to separation of powers is the non delegation of Emergency power is vested with congress. This is not
powers, particularly legislative powers. exercised by the president unless it is delegated. Os it is only
Because there is separation of powers, as a GR, the powers delegated to the president.
should not be given up to anyone. It is not only a power to And by sec 23, it is delegated to the president in cases of:
exercise but an obligation. The people through the a. national emergency
constitution has expressly assigned the power to that b. war
particular branch.
What has been delegated cannot in turn be delegated by the LIMITATIONS
delegate to another delegate. TN of the limitations:
That is the reason why there is the prohibition against the a. it can only be delegated or granted by law passed by
delegation of powers. congress
As I have said earlier, it is more on the legislative power b. in cases of national emergency or of war
because theres more on the law making where the c. limited only for a period of time
government has to come up with laws in order to meet the 1. until emergency exists
exigencies and needs of the public. 2. unless it is lifted or withdrawn earlier
3. until the next adjournment of congress (special or
PERMISSIBLE DELEGATION OF LEGISLATIVE POWER regular session)
(EXCEPTIONS) d. it can only be withdrawn by a resolution
While non delegation of powers is a GR, there are certain -there is no need of the approval then of the president
exceptions to that. This is what we can permissible (not a law)
delegation of legislative power. e. scope is limited only to carry out the declared policy of
Because of the growing complexities of the people and the congress
government has to meet the needs of he people
immediately, it cannot be avoided and it would be best for The president cannot therefore exercise the power without
the power to be delegated. the express grant of congress.
And so we have the power delegated to the:
1. president
2. administrative bodies DECLARATION OF STATE OF NATIONAL EMERGENCY
3. local governments How about the declaration of the state of national
4. people at large emergency? Can the president do that without the congress
delegating the exercise of emergency powers to the
1. DELEGATION OF POWER TO THE PRESIDENT president?
TN of sec 23 art 6, the requisites and the relevant The SC said theres no need for the delegation of
principles. emergency powers to the president to make a declaration
either of a state of rebellion or a state of national
SECTION 23. emergency.
(1) The Congress, by a vote of two-thirds of both Houses in joint session
Because after all, this is based on the president being the
assembled, voting separately, shall have the sole power to declare the
existence of a state of war. chief executive. He knows the status of the country and the
condition of the country at the moment considering that the
(2) In times of war or other national emergency, the Congress may, by law, evidences and materials he would be needing are within his
authorize the President, for a limited period and subject to such restrictions
reach because the departments providing for the
as it may prescribe, to exercise powers necessary and proper to carry out a
declared national policy. Unless sooner withdrawn by resolution of the information are under the control of the president like the
Congress, such powers shall cease upon the next adjournment thereof. PNP and military.
So definitely the president can declare a state of national
Case: David et al vs Arroyo emergency bolstered by the fact that the president is the
This relates to the state of national emergency. commander in chief of the armed forces.

Case: Sanlakas vs Executive Secretary But the moment that the president orders the warrantless
This relates to the declaration of a state of rebellion arrest, the taking over of some public utilities or vital
industries because of such emergency, he cannot do that
emergency powers without the grant of emergency powers to him by congress.
grant: thru statute (David et al vs Executive Secretary)
withdrawal: thru resolution could do

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2. DELEGATION TO ADMINISTRATIVE BODIES on police power.
As part of subordinate legislation, what has been delegated And this is by express delegation of the law itself to the
is only the rule making power. DOE.
There cannot be the promulgation of rules by the
administrative bodies having the force and effect of law if in 3. DELEGATION TO LOCAL GOVERNMENTS
the first place theres never been a law delegating the RA 7160 LOCAL GOVERNMENT CODE
exercise of the power to the administrative body. There cannot be an exercise of the power of LGUs without
So there has to be a law passed by the congress providing the express grant of Congress; RA 7160, the Local
for the basis of the promulgation of implementing rules and Government Code.
regulation.
Supposedly, the rules promulgated by the administrative LIMITATIONS
bodies will provide for the details or for the limitations or TN because it is a delegated power, the power is not
parameters for which the law can effectively enforced. without limitations. In fact, LGUs cannot pass laws contrary
to the constitution and contrary to laws passed by congress.
KINDS OF LEGISLATION THAT ADMINISTRATIVE BODIES MAY They cannot therefore prohibit a trade that is allowed
PROMUGLATE under existing laws neither can they pass laws amending
There are two kinds of legislation that the administrative national laws. Because the power is limited.
bodies may promulgate as part of subordinate legislation: They cannot prohibit. They can only regulate.
a. providing for details
b. providing for limitation CANNOT PROHIBIT BUT MAY REGULATE
For as long as it is within the provision of the law. Case: Cruz vs Paras
This is about the closure of night clubs which was not the
TEST ON VALID DELEGATION OF POWER TO an activity that is considered illegal by law.
ADMINISTRATIVE BODIES They cannot be prohibited by LGUs. They may only be
So you TN of the test in the delegation of the power to the regulated.
administrative bodies:
a. COMPLETENESS TEST CANNOT PASS LAWS CONTRARY TO NATIONAL LAWS
The law must be complete in itself so that nothing is left We do not have a federal system of government. Ours is
to the administrative body to determine what the law is. All still unitary. Our LGUs are not independent from the
that it needs to do is to implement the law. national government. They cannot make laws contrary to
Because it is incomplete, it is lacking with basic laws already passed by the national government.
provisions, then there is undue delegation.
Case: Magtakas vs Pryce Properties
b. SUFFICIENCY OF STANDARD TEST This is about the establishment of casinos in CDO. It was
You may find this in the introductory part of the declared unconstitutional because the government cannot
substantive law itself. You may provide for the reason why prohibit the activity. They can only regulate.
this law is adopted.
So that in the promulgation of the rules and regulation, CANNOT PROHIBIT PRACTICE OF PROFESSION
the administrative bodies will be guided accordingly as to Including the practice of professions, LGUs cannot in the
how the rules will be promulgated, the boundaries and guise of promoting general welfare prohibit certain practice
parameters to which that law will be implemented. of profession or business.
It can only be regulated by LGUs but certainly cannot be
Case: Ipira vs Department of Energy prohibited.
Theres the universal charge imposed for the distribution of
electricity. The purpose of which is to have electricity NOT OPPRESSIVE, NOT UNREASONABLE AND LIMITED TO
distributed all over the country. It is shared by all electricity TERRITORIAL JURISDICTION
consumers. And it is the Department of energy that Another is that the laws passed should not be oppressive,
enforced it by promulgating the rules and regulation. not unreasonable and it is only limited within its territorial
There was a question on the Department of Energy to do boundaries.
that. They say there was no delegation because this was a So if a municipality passes an ordinance, as long as it is not
tax imposition. contrary to existing laws, it cannot be a applied to another
SC said thee is no violation of the non delegation of non municipalities because it is nly applicable within its
legislative power because what the DOE is simply to territorial boundaries.
implement the law.
This is not a taxing power that is being exercised but more

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MMDA 4. DELEGATION TO PEOPLE AT LARGE
MMDA is not a local government or a political subdivision. As regards to the exercise of the power, you will wonder
It does not exercise police power. You can only enforce the shy should it be delegated to the people when the source of
law of LGUs composing of Metropolitan Manila. sovereignty is the people. In fact sec 1 art 2 provides:
But they cannot on their own make rules and implement Sovereignty resides in the people and all government authority emanates
from them.
them. Either they make rules on the basis of existing laws or
on the basis of local laws on the different municipalities and
cities comprising the MMDA. Why is there a need to delegate the power when the
sovereignty resides in them?
As provided in the constitution, it is not on the delegation.
Case: Bel Air vs MMDA
This question WON they can divert the traffic in a private Its more on the provision on the procedure or mechanism
subdivision, invoking the exercise of police power without on how he people can exercise the power.
paying just compensation.
SC said, in the first place, MMDA has no police power. It RA 6735
cannot also take private property without payment of just And thus under sec 31 of art 6 of the constitution, the
congress is mandated by the constitution to pass and enact
compensation because virtually, by allowing traffic to enter
a private subdivision is taking the property for public use. a law providing for a procedure.
And thus we have RA 6735 providing on procedure on
Case: Garin people making laws either directly or indirectly including
An MMDA traffic enforcer confiscated the license of a amending the constitution.
lawyer. How is this done:
The lawyer was saying he has no authority because he does 1. initiative
not have police power. a. on statute
b. on local legislation
SC sustained the argument that MMDA was not a political
c. on amendments to the constitution
subdivision and therefore does not exercise police power.
However, because it is an administrative body, there is 2. referendum
existing law allowing them to confiscate, then they can do
so. 1.a. INITIATIVE ON STATUES
Not by their authority as an office but the local Case: Lambino vs Comelec
governments that comprise the MMDA. As regards to initiative on statues, people can directly
propose national laws provided that the petition has to be
signed by petitioners comprising of at least 10% of the total
Case: Francisco vs MMDA
Regarding on the Wet Flag Scheme, there was a question registered voters of which 3% are representing the different
on due process and on the authority of MMDA to pour districts nationwide.
water on you for traffic violation. (amendment on constitution is 12% and 3%)
They were authorized by LGUs to implement traffic rules.
Francisco questioned the constitutionality. 1.b. INITIATIVE ON LOCAL LEGISLATION
What are the political subdivisions that can initiate local
There was a question WON he is a proper party because he
was not the one who got wet. legislation? How many voters required to sign?
There was no problem with due process because SC said a. autonomous regions 2000 voters
that was only preventive. In preventive, no hearing is b. provinces 1000
required. c. cities 500
Does the MMDA have the authority? Yes. Not because of it d. municipalities 100
being MMDA but because they were authorized by the e. barangays 50
LGUs comprising the MMDA.
It could be ordinance or resolution
They are treated as an administrative coordinating body.

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1.c. INITIATIVE ON AMENDMENTS OF CONSTITUTION Insofar as SC is concerned, still we follow majority rule. Still
We need 12% and 3% of each legislative district. we follow majority rule, like the declaration of the law to be
Case: Lambino vs Comelec contrary to the constitution and therefore null and void, you
SC says that RA 6735 is sufficient to provide for the need majority of those who actually participated in the
mechanism on how people can initiate amendments on the deliberation.
constitution. However, it is only limited to amendments, not
a revision. 6. ACCOUNTABILITY OF PUBLIC OFFICERS
Because the public officers are chosen by the people, you
This is now modified decision of SC in Santiago vs Ramos, should always remember that the authority emanates from
RA 6735 is not sufficient XXX the people. And thus at all times, they are accountable to
the people.
This has been changed in the case of Lambino. As long as We have a separate provision on the accountability of public
the petition has been signed by the authors of the initiative, officers. One of which is the impeachment of public officials
subject to ratification of majority vote in a plebiscite called in the government or the office of the ombudsman and his
for the purpose. Anti Graft Courts or SB just to let the people or the officials
in particular be aware that they are always accountable to
the people.
2. REFERENDUM
Referendum is an indirect way of proposing laws. Instead it 7. PROHIBITION AGAINST THE PASSAGE OF IRREPEALABLE
will be congress for the national law to propose. And people LAWS
will either reject or approve it in a referendum. The GR is laws passed by congress are always subject to
Same with the LGUs. the sanguninans will propose and the changes/amendment/revision.
people in the locality will approve or reject it in a
referendum. EXCEPTION: IMPAIRMENT OF CONTRACT
Can you cite an example of an exception where the law
In initiative on amendments, it is to be ratified not on cannot be repealed? Because to repeal it, it becomes
referendum but in a plebiscite. unconstitutional?
When the law impairs existing obligations of contract.
Like if you grant a tax exemption based on valuable
AFTER BREAK consideration, that cannot be revoked without violating the
law against the non impairment clause.

1. EXISTENCE OF THE BILL OF RIGHTS -grant and limit of rights 2. GOVERNMENT OF LAW AND NOT OF MEN
As we explained, the Bill of Rights will serve as a balance or All men are subject to the law. whimsical caprices of rulers
fulcrum between authority on one hand that is represented not allowed.
by the inherent powers and rights of individuals on the other Case: Villavicencio vs Lucban
hand. -all prostitutes should be deported to Davao
Without the balance, you cannot have a republican system of Case: Echenova vs Gonzalez
government. You will have a tyrannical system of You cannot just violate the law with impunity just because
government. you are powerful. Theres no one this country who is so
powerful that he can be above the law.
9. RULE ON MAJORITY - majority of House of Reps and of the Senate
Inasmuch as we cannot get the unanimous approval, we can
only estimate the consent of the people. And thats the
device on the majority rule. Because after all, the heavier
weight carries with it the lighter weight.

In many cases, you have specially where the body of the


government is collegiate or collegial, you always have a
decision reached by the approval of the majority.
Like for instance, in congress, you have the majority votes
which is only of the totality plus 1, and 2/3 or votes in
more important decisions that need to be made by
congress.

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SEC 2 Are we bound by it? NO.
SECTION 2. The Philippines renounces war as an instrument of national But is the establishment of the International Court of
policy, adopts the generally accepted principles of international law as part
Justice; are we subject to its jurisdiction? YES. While we did
of the law of the land and adheres to the policy of peace, equality, justice,
freedom, cooperation, and amity with all nations. not sign it, that law became a customary law for it was
ratified my the majority vote of the members of the UN. So
The things that you need to consider on the RENUNCIATION you may still be bound by it by incorporation clause
OF WAR and the adoption of the GENERALLY ACCEPTED because one of the sources of international laws, other
PRINCIPLES OF INTERNATIONAL LAW AS PART OF THE LAW than treaties entered into by the president, concurred by
OF THE LAND. 2/3 of the members of the senate, are treaties which
become part of customary law.
RENUNCIATION OF WAR not defensive
What we are renouncing is only an OFFENSIVE WAR where 2. treaties that have become part of customary law
we become the aggressors. Case: Nihok vs Director of Prisons
We cannot give up a war because it is the duty of the Case: Kuruda vs Halandoni
government and the people to defend the state. While we were not signatory to the establishment of
Commissions to prosecute the criminals during the war
INCORPORATION CLAUSE who were responsible to the atrocities committed during
?
What may be the source of generally accepted principles of the WW II, we were never signatories Dakilo Brian that
international law automatically, under the incorporation authorized the establishment of the tribunals.
clause, they form part of our legal system. IOW they are But because that treaty, although we were not
treated as ordinary statues if there are no applicable local signatories thereto has become a customary law, meaning
law and in case when there is a need to apply an it was adopted and followed by majority of the members of
international law. UN, then we too are bound by it, because as customary
law, automatically, it forms part of our legal system under
WHAT MAY BE INCORPORATED this provision on the incorporation clause.
TN of what can be incorporated as generally accepted
principles: Case: Pimentel vs Ermita
1. treaties duly ratified by the president The same with the Statute of Rome, we were not
As enunciated in the case of Pimentel vs Ermita. All the signatories because we did not ratify although it was signed
cases being entered into by the president, we are bound by by President Estrada.
it. But the moment it is a customary law, that can be
Case: Pimentel vs Ermita applied to us.
This is the Statute of Rome that was questioned by
Pimentel because the president refused to give a copy to IOW like if there is accusation of the presidents violation
the senate for concurrence. of human rights against those groups or individuals. Can
It was declared by SC that on the matter of ratification, she be prosecuted in the International Courts of Justice?
that is exclusive to the president and under separation of YES. If you invoke incorporation clause, she may be
powers, they cannot ask for mandamus to compel the subjected to, following customary laws.
president to forward a copy of the statute or the treaty.
This was on the establishment of the criminal courts of 3. norms of general or customary laws
justice. Case: Mijares et al vs Javier, April 12, 2005
Even if the senate has concurred to it, if the president With regard to the recognition of foreign judgments, we
refuses to ratify it, then the president is not compelled to dont have laws. Neither have we signed treaties with other
ratify the treaty because after all, that power is exclusive to countries.
the president. This has something to do with a case that was
To bind therefore the republic insofar as the treaties prosecuted in US for violation of human rights against the
being entered into, it must be ratified by the president with Marcoses. Judgment was rendered in favor of those
the concurrence of 2/3 of the house of the senate, to plaintiffs who complained that their rights were violated.
consider it as part of the legal system. They were asking for damages.
Their problem is that the properties of the Marcoses
Inasmuch as it was not ratified by Arroyo while it was were in the Philippines. They wanted to implement the
signed by Estrada it was not ratified because the judgment, but there is no treaty between the Philippines
president did not submit a copy to the senate for and the US as regards to recognizing the judgment being
concurrence. rendered by a local court in US.
SC said that there is no obligatory rule derived from

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treaties and conventions that requires the Philippines to METHODS OF INCORPORATION
recognize foreign judgments or allow a procedure for the In the incorporation, it could be by:
enforcement thereof. 1. transformation
However, generally accepted principles of international 2. incorporation
law by virtue of the incorporation clause of the constitution
form part of the laws of the land, even if they do not derive 1. transformation
from treaty obligations. TRANSFORMATION is an express adoption of a generally
accepted principle of international law as a local law, by
ELEMENTS: (when it becomes customary law) legislating and making it a statute.
The classical formation of international seize those
customary rules accepted as binding result from the 2. incorporation
combination of two elements: In INCORPORATION, it is like adapting a generally
a. established, widespread, and consistent practice on the accepted principle of law by passing a statute, expressly
part of the state. making it as a local law, or by pronouncement of the
b. psychological element known as OPINION JURIS CIVI constitution.
NECESSITATES (meaning opinion as to law or necessity) In our case, it is by the pronouncement of the
constitution that it is transformed into a local law by
Implicit in the latter element is a belief that the practice adapting them as part of the legal system by express
in question is rendered OBLIGATORY by the existence of constitutional declaration. And that is SELF EXECUTING.
the rule of law requiring it.
WHEN APPLICABLE INTERNATIONAL CONFLICT, NO LOCAL
Case: Pharmaceutical and Health Care Association of the LAW
Philippines vs Duke et al., Dec 9, 2007 This is only relevant when there is no applicable law in the
In milk cans, you see the notice breast milk is the best locality and it involves an INTERNATIONAL CONFLICT. If
for babies. there is, it conflicts with the local law.
The producers of companies manufacturing these milk So if there is no applicable law in the locality and you need to
say that they are not obliged because there is no law apply the law on a conflict, you may refer to these
requiring them, the bill at the time was still pending. international laws that are generally accepted as if it is a
But there is an international requiring it, which has been local law.
accepted and approved by majority, if not all members of It is treated like a statute.
UN in the international community.
SC said it becomes a customary international law. CONFLICT BETWEEN LOCAL LAW & GENERALLY ACCEPTED
CUSTOMARY INTERNATIONAL LAW is deemed PRINCIPLE OF INTERNATIONAL LAW.
incorporated into our domestic system. A mere The problem will only arise if there will be a conflict between
constitutional declaration, international law is deemed to a local law and a generally accepted principle of
have the force of domestic law. Because there is that international law.
international law, then it has to be complied like a local
statute. How do you resolve?
First, according to SC, you have to RECONCILE AND
So there are only 3 sources of generally accepted principles of HARMONIZE the differences because after all, there is the
international law: presumption that the government will not be stupid to enter
1. treaties that are ratified and concurred into an agreement to enter into its laws. Neither would they
2. treaties that have become customary laws pass laws that would be running contrary to international
3. customary laws and international norms congregation such as the treaties entered into.

However, if it becomes irreconcilable, how do you resolve the


conflict?
The GR is, it must always be the constitution that prevails.
No problem because a statue and a generally accepted
principle are of the same level, then if the statute is contrary
to the constitution, it will be declared unconstitutional.
Similarly, a generally accepted principle of international law
that is treated as a domestic law when it runs conflict with
the constitution will be declared null and void.

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CONSTITUTIONAL LAW
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But if it an ordinary statue and an international law SEC 3
Case: Ychong vs Hernandezr treaty = statute SECTION 3. Civilian authority is, at all times, supreme over the military. The
Armed Forces of the Philippines is the protector of the people and the
This is the case of internationalization of our retail trade,
State. Its goal is to secure the sovereignty of the State and the integrity of
where the foreigners are not allowed to enter into trade or the national territory.
business such as a sari-sari store.
There was a question on which of the laws will prevail, the ROLE OF THE ARMED FORCES
Retail Trade Act or the Treaty of Amity and Friendship with Is it their duty to maintain peace and order in the country?
China, where we promised to the Chinese that their NO.
nationals will be treated similarly with the Filipinos in the
matter of business. Their duty is specific - to secure the sovereignty of the State and the
According to the Retail Trade Act, only Filipinos were integrity of the national territory. - Outside force, rather than
allowed to engage in that business. inside.
Inasmuch as the case will be resolved by our local courts
that are created by our local laws, it will be stupid to sustain SUPREMACY OF CIVILIAN AUTHORITY HOW ENFORCED
an international law against a law that created it. Civilian authority is, at all times, supreme over the military
So its understood that our local laws will always prevail How is this enforced?
over international laws. 1. You have the president, a civilian authority who is made
The courts themselves are created by law. as the highest military authority as the commander in chief
of the AFP.
Case: Secretary of Justice vs Lantion
According to SC, the doctrine of incorporation is applied 2. You have Congress, a civilian institution which has the
whenever municipal tribunals are confronted with situations power to appropriate public funds in the creation of offices
in which there appears to be a conflict between the rule of for the military and for the expenditures of the military
international law and the provisions of the constitution or operations. Without public funds appropriated, there is no
statutes of the local state. activity of the military.
Efforts should first be exerted to harmonize them so as to
give effect to both since it is presumed the municipal law 3. On the matter of recruitment of the members of the
was enacted with proper regard for the generally accepted armed forces, proportionate, by regions, to avoid
principles of international law in observance of the establishment of a clique among certain individuals.
incorporation clause.
In a situation however where the conflict is irreconcilable 4. The prohibition against the appointment of active military
and a choice has to be made within a rule of international men in the civilian government.
law and municipal law, jurisprudence dictates that municipal
law should be upheld by the municipal courts for the reason 5. On the matter of appointment and promotion of
that such courts are organs of municipal law and are members of AFP, it has to be with the concurrence of the
accordingly bound by it in all circumstances. Commission on Appointment.
The fact that international law has been made part of the
law of the land does not pertain or imply the primacy of 6. In relation to the matter of Military Tribunals (court
international law over national or municipal law in the matials hears cases involving members of the armed forces
municipal sphere. who have been charged with offenses related to the articles
The doctrine of incorporation as applied in those countries of war or in relation with the performance of their duty)
decrees the rules of international laws are given equal This is also a manifestation of the supremacy of the
standing with, but are not superior to national legislative civilian authority over the military. oakwood mutiny
enactments. Case: Gonzales et al vs Rabaya, Aug 10, 2006
Accordingly, the principle LEX PROSTERIO DEROGAT PRIORI Senator Trillanes wanted to have his case tried before
takes effect. A treaty may repeal a statute. The statute may the civilian court, so he moved for the dismissal of the case
repeal a treaty. in the court martial. Inasmuch as there is the supremacy of
In states where the constitution is the highest law of the the civilian authority over the military authority, the court
land such as the Republic of the Philippines, both statues martial should be divested of jurisdiction over his case.
and treaties may be invalidated if they are in conflict with SC said that court matials are instrumentalities of the
the constitution. executive to enable the president as commander in chief to
effectively command control and discipline over the armed
forces.
In short, court matial form part of the disciplinary system
to ensure the presidents control and thus civilian

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CONSTITUTIONAL LAW
unduly Kwin
supremacy over the military. before congress is based foremost on the principle that a
At the apex of this disciplinary system, it is the president contrary rule duly diminishes the prerogative of the
who exercises review powers of the court matial. president as commander in chief.

So basically, thats the reason why the decision of court So TN when you are asked a question WON the executive
matial is subject to review by the president in his capacity privilege of the president is violated where the member of
as the commander in chief of the armed forces as a system the AFP or a military officer is prohibited to appear before
of disciplining the members of the military. the committee hearing without the approval of the
president, TN, this does not apply on them.
Case: Budani vs Senga Godani? The president can prohibit them not as a chief executive
There is the implementation of the supremacy of the enjoying executive privilege but rather as the commander
civilian authority over the military. in chief of the armed forces in order to implement the
Budani was asked not to appear before the senate supremacy of the civilian authority at all times over the
committee regarding the irregularities being committed in military authority.
the last election of 2004.
He was told not to appear by the chief of staff upon the
order of the president as the commander in chief of the Case: IBP vs Zamora
armed forces. This is with reference to the employment of the military
Notwithstanding that order, he appeared before the to some shopping malls in order to maintain peace and
committee saying that he is being summoned and the order.
president, in the matter of invocation of executive privilege Why was it questioned? Primarily the role of the AFP is to
will not apply as far as he is concerned. secure territorial integrity of the country and political
He was court matialed thereafter for not heeding to the sovereignty, and not to maintain peace and order. Thats
lawful order of the chief of staff. the PNPs role.
But it was justified by SC saying that they were following
And then there was the question of the supremacy of the orders of a civilian authority.
civilian authority. WON it was correct for Budani to be
prosecuted before the court matial for not heeding to the
orders of the chief of staff, not to appear in the committee
hearing in congress.
SC said that by the vitality of the tenet of the president as
the commander in chief of the armed forces is most crucial
to the democratic way of life, to civilian supremacy over
the military and to the general stability of our
representative system of the government.
The constitution reposes final authority, control and
supervision of the AFP to the president, a civilian who is not
a member of the armed forces and whose duties as
commander in chief represent only a part of the organic
duty imposed upon the office, the functions clearly civil in
nature.
Civilian supremacy over the military also countermands
the notion that the military may bypass civilian authority
such as civil courts on matters such as conducting
warrantless searches and seizure.
The ability of the president to prevent military officers
from testifying before the congress does not turn on an
executive privilege. It has nothing to do with the executive
privilege, but on the chief executives power as the
commander in chief to control the actions and speech of
the members of the AFP.
The presidents prerogative as commander in chief are
not hampered by the same limitations as in executive
privilege. The president could as a GR require military
officers to seek presidential approval before appearing

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CONSTITUTIONAL LAW
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SEC 4 SEC 6
SECTION 4. The prime duty of the Government is to serve and protect the SECTION 6. The separation of Church and State shall be inviolable.
people. The Government may call upon the people to defend the State and, doesn't apply to private entities
in the fulfillment thereof, all citizens may be required, under conditions
TN that it is INVIOLABLE.
provided by law, to render personal, military or civil service.

This is with regards to the duty of the government to serve PROVISIONS IMPLEMENTING
and protect the people. What is important are the provisions implementing sec 6.
However, the government may also require civilians in the In subsequent provisions of the constitutions, we have the:
country to defend the state. 1. non establishment of religion
In order to maintain the separation between the church
PERSONAL OR CIVIL SERVICE HELP DEFEND and the state
In relation to maintaining peace and order where the people
are required to help defending the state by rendering 2. prohibition against accreditation of the church or religious
personal or civil service; sector as a party list

Case: Chavez vs Romulo 3. prohibition against a representative coming from a


As regard to the right of bearing arms. religious sector
There was a pronouncement made by the chief of the PNP
4. prohibition against the appropriation of public funds for
that all licenses to carry firearms are revoked, without any
hearing. It was only a declaration at the time of election. the support of religion or any sector of society
And so he was complaining that it was a violation of the right Except when they are paid to priests, ministers or other
to due process where his right to bear arms is being ecclesiastical ministers assigned in:
removed without hearing. a. Military institution
SC said, that in relation to the matter of defending the state b. Penal institution
c. Government
by civilian authority or by the people as their prime duty,
d. Orphanage
and the maintenance of peace and order, SC said
maintenance of peace and order and the protection of the e. Leprosarium
people against violence are constitutional duties of the
state. And to bear arms is to be construed in connection and EXCEPTIONS
in harmony with these constitutional duties. There are however exceptions:
SC said that insofar as the license to bear arms, it is neither a 1. when the state has accommodated religion because they
property or a property right, it is a privilege granted by a acknowledge the contribution of religion to the promotion
sovereign state subject to the police power of the state. It of general welfare
Example is tax exemption on properties of churches that
can be removed without hearing.
are actually, directly and exclusively used for religious
Remember the due process, the extent of protection no purpose however limited only to property tax.
person shall be deprived of life, liberty or property without
due process of law. 2. optional religious instruction in public, elementary and high
To bear arms is not a property. Neither is it a property right. schools
Rather it is a privilege granted to a state to an individual REQUIREMENTS:
subject to its police power. a. written consent from the parent or guardian of the child
b. taught during school hours without additional cost to the
government
c. taught by someone who is accredited or recognized

3. on the matter of appropriation of public funds, when the


funds are used by priests and ministers assigned in the
a. Military institution owned by the govt
b. Penal institution
c. Government
d. Orphanage
e. Leprosarium

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CONSTITUTIONAL LAW
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4. on the ownership of educational institution SEC 12
GR, educational institution may only be owned and SECTION 12. The State recognizes the sanctity of family life and shall protect
and strengthen the family as a basic autonomous social institution. It shall
administered by: (requirements)
equally protect the life of the mother and the life of the unborn from
a. an individual a Filipino citizen conception. The natural and primary right and duty of parents in the rearing
b. a corporation qualified Filipino corporation, 60% of it of the youth for civic efficiency and the development of moral character
capital is owned by Filipino citizens shall receive the support of the Government.
EXPT:
c. religious group or mission board, even they are all This is important in relation to RH Bill and the pending
foreigners Divorce Bill.

GENERAL PRINCIPLE TO IMPLEMENT THE PRICIPLE OF TN that these are all principles that are not self executing,
SEPARATION OF CHURCH AND STATE unless there is a law that implements the provision, you
-BENEVOLENT NEUTRALITY ACCOMMODATION OF RELIGION cannot use this as basis for judicial action.
It is not hostility with each other. The state will remain
neutral. Under the general principle of BENEVOLENT This is one of the basis of questioning the constitutionality of
NEUTRALITY ACCOMMODATION OF RELIGION, as passing the RH Bill because they are saying that it
enunciated in the case of Estrada vs Escritor. encourages abortion or the prohibition against conception
For as long as there is NO CLEAR AND PRESENT DANGER to because of the use of contraceptives.
public convenience, public health, public morale, public
safety, public policy, you should be allowed to enjoy your In case there is a conflict, although it is recognized , it is the
religion without interference from the state. duty of the state to protect the life of a child from
conception but in case there is a conflict between the
mother and the child, it is understood that the mothers life
SEC 7 will prevail.
SECTION 7. The State shall pursue an independent foreign policy. In its
relations with other states, the paramount consideration shall be national Regarding the RH Bill, its not your choice of a right to privacy,
sovereignty, territorial integrity, national interest, and the right to self-
as it has something to do with the constitutional obligation
determination.
on the part of the state to protect the child or unborn child
INDEPENDENT FOREIGN POLICY from conception.
Case: Angara vs Tanada WTA
As regards to WTO, we can enter into treaties and
agreements with other foreign countries for as long as we SEC 16 - this is self executing!
SECTION 16. The State shall protect and advance the right of the people to a
consider: balanced and healthful ecology in accord with the rhythm and harmony of
1. national sovereignty
as long as there is recriprocal and
nature.
2. territorial integrity mutual benefit based on equality, TN because with the focus climate change and protection of
3. national interest there's no violation of this section. environment, do not forget this provision.
4. right to self determination This right, although provided in art 2 is one of the provisions
they say is self executing. It is not less important as those
civil and political rights that are enumerated in the bill of
SEC 8 fright. Its a public right.
SECTION 8. The Philippines, consistent with the national interest, adopts and
pursues a policy of freedom from nuclear weapons in its territory
Case: Oposa vs Factoran protection of the environment
This is with regards to nuclear weapons I the territory. The courts took cognizance over the petition notwithstanding
TN that we are for freedom from nuclear weapons, not that they were filed by the minor children of Atty Oposa.
however precludes us from using the nuclear power as our The basis of the proper party requisite there in reviewing the
source of energy like in Japan. constitutional policies of DENR is on the
What is prohibited is the possession and control and INTERGENERATIONAL RESPONSIBILITY of the government to
manufacture of nuclear weapons. The test of these nuclear preserve the forest or timberland from being destroyed by
arms as well are also prohibited. certain individual in connection of the right of his children to
a balanced and healthful ecology.
But of course that will not be absolute. As long as it is
consistent with national interest, then we might get into the Case: Province of Rizal vs Executive Secretary
manufacturing because we cannot be forever be isolated This is with reference to the demand for a balanced and
from the rest of the world. Bataan Nuclear Powerplant healthful ecology where the LGU has intervened for the
But as of now, it is still prohibited. protection of the environment.

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CONSTITUTIONAL LAW
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LOCAL AUTONOMY
We do not have a federal system of government. in UNDER CONTROL AND SUPERVISION OF THE PRESIDENT
understanding what consists of local autonomy is the cases Suffice to say, it is not absolutely independent from the
of Pasco vs Pagcor, Limuna vs Mangilin, Lina vs Tano. national government. It is still under the control and
The bottom line there is that there is no transfer of powers supervision from the office of the president.
from the national government to local. What has been
transferred is merely administration so that LGUs can make Case: Matulin vs COA
their own rules in order to implement their own policies, to As regards to the extent of the supervision of the president
manage their own affairs and resolve their own problems. over LGUs, insofar as the president is concerned, it is
merely supervision.
The power of LGUs to impose taxes and fees are always It cannot therefore, even his alter egos like the secretary,
subject to limitations which congress may provide by law. cannot interfere in local affairs as the LGU acts within the
The principle of local autonomy under 1987 Constitution parameters of the law and the constitution.
simply means DECENTRALIZATION. This has something to do with the giving of allowances to
It does not mean local government sovereign within the state judges, when it was being regulated by the COA.
of an emporium unlike a federal system. SC said that as long as the LGU acts in accordance of law, that
The matter of regulating, taxing or OW dealing with gambling cannot be interfered with by the national government,
is a state concern. And hence it is the sole prerogative of the including the COA.
state to retain and delegate it to local governments.

Case: Limuna vs Mangilin


Under the constitution, provinces, cities, municipalities and
barangays enjoy local autonomy subject to the supervision
of the national government acting through the president
and the department of local governments.
Autonomous Regions of Muslim Mindanao and Cordilleras on
the other hand, are subject unknown to the decree of the
organic act creating them and accepted principles on the
effects and the limits of autonomy.

Remember the juridical entity of Bangsa Moro, where it was


also emphasized on the matter of local autonomy.

Case: Lina vs Tano


SC said, ours is still a unitary form of government, not a
federal state. Being so, any form of autonomy granted to a
local government will necessarily be limited and confined
within the extent allowed by the central government.

POWER TO TAX
To maintain local autonomy there is the lending them power
to tax so that they can raise revenue to become
independent at least from the national government
In fact, even if there is no law conferring upon the local
governments to raise revenue through taxes by express
provision of the constitution on local autonomy, local
governments can impose taxes.
That provision in the constitution is self executing, there is no
need of a legislative enactment. Nonetheless, there are laws
as regards to the limits of the exercise of the powers.

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CONSTITUTIONAL LAW
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SEC 26 ARTICLE 6 THE LEGISLATIVE DEPARTMENT
EQUAL ACCESS OF OPPORTUNITIES FOR PUBLIC SERVICE
SECTION 26. The State shall guarantee equal access to opportunities for SEC 1
public service and prohibit political dynasties as may be defined by law. SECTION 1. The legislative power shall be vested in the Congress of the
Philippines which shall consist of a Senate and a House of Representatives,
Everyone has equal opportunities to run for public office or except to the extent reserved to the people by the provision on initiative
and referendum.
to serve the public office.

Is this a matter of right? It is not exclusive to congress. There is reservation made for
Case: Pamatong vs Comelec, April 30, 2004 the people to exercise the power as well.
Atty. Pamatong is a lawyer teacher of UP. He challenged his
disqualification as president because he cannot command a LEGISLATIVE POWER
national campaign for presidency. So he was disqualifies as a The power is not limited to law making:
nuisance candidate. 1. ordinary
SC said that the provision does not bestow a right to seek 2. constituent
the presidency. It does not contain a judicial, enforceable
constitutional right. It merely specifies a guideline for ORDINARY, when it is an ordinary law being passed. It is not
legislative action. only law the makes law but also people through initiative
It is not intended to compel the state to enact positive and referendum
measures that would accommodate as many as possible into CONSTITUENT is the power to propose revisions and
amendments to the constitution.
public office.

POLITICAL DYNASTY VOTES REQUIRED BY CONGRESS


On political dynasty, for as long as there no law yet passed How many votes to propose amendments and revisions to
the congress defining what would constitute political the congress acting as Constitutional Assembly?
dynasty, there is no such thing as political dynasty. There is votes.
no definition.
And if they are undecided, they can call for Constitutional
Convention. How many votes are needed?
SEC 27 2/3 votes.
SECTION 27. The State shall maintain honesty and integrity in the public
service and take positive and effective measures against graft and They can ask the people for refenrendum. How many votes
corruption. are needed?
Majorty votes.
RELATED LAWS
1. Requirement of statement of assets and liabilities
CONSTITUTENT POWER EXERCISED BY PEOPLE
The point its, it is a constitutional mandate. Unless there are If people are to exercise constituent power, how?
laws implementing and providing for the measures to go Through initiative, but limited only to amendments of the
about it, it is just a state principle. constitution.
How many percent?
SEC 28 12% and 3% of the registered voters represented by the
TRANSPARANCY different districts.
SECTION 28. Subject to reasonable conditions prescribed by law, the State
adopts and implements a policy of full public disclosure of all its
transactions involving public interest.
BICAMERAL
Statement of assets and liabilities TN that the legislative body is bicameral. It consists of two
Disbursements of public funds, it has to be published houses:
1. house of senate
There are certain transactions where the law prohibits 2. house or representatives
premature disclosure of information pertaining to
government (right of people on matters of public concern) see sema vs comelec
aldava vs comelec
atong paglaom inc. vs comelec apr 2, 2013
ang ladlad LGBT vs comelec 2010

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CONSTITUTIONAL LAW
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NUMBER OF SENATORS EXTENT OF THE EXERCISE OF THE POWERS
There are two houses, house of senate consisting of 24 and Insofar as the exercise of the power as far as congress is
house of congress consisting of not more than 250. concerned, it is virtually plenary, absolute, no limitations;
Except those limitations provided by the constitution or
Can this be changed by power of legislation? substantive and procedural limitation.
No. its fixed by the constitution. To increase or decrease
the membership, you have to amend the constitution. SUBSTANTIVE LIMITATIONS (EXAMPLE)
1. matters relating to the constitutional rights of individuals
How are they chosen? that they must not be violated in the enactment of laws
They are chosen nationwide.
PROCEDURAL LIMITATIONS (EXAMPLE)
NUMBER OF REPRESENTATIVES 1. no bill shall become a law unless it is signed by the
How about the house of reps? president and has passed through 3 readings.
They are 250 unless OW provided by law. Therefore, they
may be increased or decreased as determined by law.
It is a legislative function. The membership will depend on KIND OF LAWS THAT MAY BE PASSED
PROPORTIONATE REPRESENTATION which is determined 1. derivative laws
every after 3 years as a result of a census being conducted. 2. original laws
So they are chosen by districts.
ORIGINAL could be from the people themselves.
In the manner of election, it is by districts, not nationwide. DERIVATIVE is the power that is exercised by congress as
delegated when they are elected in an election as members
NO PREPROCLAMATION CONTESTS of congress.
Is there a preproclamation contest as regards to members?
And where do you file cases involving election contests, DELEGATION OF POWERS
qualification and returns of members of congress? It may be delegated to certain delegates under certain
Case: Pimentel III vs Comelec, Mar 30, 2008 circumstances:
Like the president and VP, members of congress, as a GR; 1. President
the preproclamation cases or matters relating to 2. Administrative bodies
preparation, translation, receipt, custody and appreciation 3. Local governments
of election returns or certificates of canvass are prohibited. 4. People at large
IOW there is no preproclamation contest.
But that is no longer a problem now with the automation of
the counting of ballots. CASES RELATING TO DELEGATION OF LEGISLATIVE POWERS
1. PRESIDENTS ORDINANCE POWER
JUDRISDICTION OF COMELEC MANIFEST ERROR It is part of the executives rule making authority in
But if there is a manifest error in the election return, then you implementing and executing constitutional or statutory
have: powers. Indisputably, there are constitutional powers vested
Affecting composition in the executive branch that are self executing.
Proceeding with the board of canvassers The president can also make rules having the force and effect
Determining of the authenticity and the due execution of as part of his ordinance power.
the certificates of canvass as provided RA 7166 as amended However, he cannot make rules without a statute or
by 369, constitutional provision as basis.!!! There has to be a law
These can still be taken cognizance by the Comelec. authorizing him to exercise the power.

2. POWER OF THE SECRETARY OF FINANCE


Case: Suartez Cigar June 11, 2009
SC said, unless expressly granted to the BIR, the power to
reclassify cigarette brands remains a prerogative of the
legislative and cannot be usurped by the former as an
administrative body.

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CONSTITUTIONAL LAW
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3. AMENDING THE FUNCTIONS OF CHED WHO MAY BE MEMBERS OF THE HOUSE OF REPS
Under RA 7722, whether the president has the power as a There are two kinds of members:
delegated power concerning CHED is under the control of 1. representatives from legislative districts
the president. 2. representatives from the party list system

Case: Review Center Association of the Philippines vs Ermita, 1. REPRESENTATIVES FROM LEGISLATIVE DISTRICTS
April 2, 2009 They are chosen from the different districts depending on the
The president has no inherent or delegated legislative power population of each legislative district.
to amend the functions of CHED under RA 7722. So he -one representative for every 250k population
cannot add or decrease the functions of CHED. Only the -PROPORTIONAL REPRESENTATION
congress can do that. -one representative for every province, regardless of the
population
4. CREATION OF DISTRICTS
Case : Sema vs Comelec, July 16, 2008 The membership may be changed. It can be fixed by law,
Congress cannot validly delegate to ARMM (they have unlike the senate.
autonomous act to pass laws PVDD not affecting national The manner of choosing (manner of electing) the senate may
laws, and applicable only to autonomous regions) be changed by law, but not the membership (number of
This has something to do with creation of districts in the members). You need to change the constitution.
autonomous regions by consolidating the places in Cotabato
to be part of ARMM.
This effects the national affairs. To consolidate cities to be 2. REPRESENTATIVES FROM THE PARTY LIST SYSTEM
part of ARMM to create legislative districts, it results to While the law says they would comprise 20% of the total
increase in membership in congress, which is national in members of the house of reps.
character. -at least 50 = 20% of 250 members
SC said that congress cannot validly delegate to the ARMM
regional assembly, the power to create legislative districts, WHO MAY BE PARTY LIST GROUP
the power to increase the allowable membership of the Party list are the marginalized group. They represent the
house of representatives and to reapportion legislative group that is less represented in our sector of society.
districts is vested in congress.
ORGANIZATIONS DISQUALIFIED FOR ACCREDITATION
The other point is, it affects the national affairs. So the law a. religious sector
creating new legislative districts in ARMM is b. those having the support of a foreign government or
unconstitutional. organization
c. supporter of violent or illegal group
d. supported by government find
cases relating to the apportionment of legislative districts in
leyte in creation of biliran province HOW TO GET A SEAT OF THE 20%
It was the Comelec that apportioned the municipalities that Case: Banat vs Comelec
would comprise the legislative districts. How do you get the 20% allocated for the party list?
SC said no because Comelec does not have the authority. The How much percentage of the votes cast for the party list
power is vested with congress because the apportionment should be obtained to get a seat in house of reps
of legislative districts is primarily a legislative function. representing the party list?
2%
In fact there are cities that are created by law that are
considered a legislative district. No cities will be considered 2% is only a qualification to get a GUARANTEED SEAT.
as such without legislative enactment.
So basically, the creation of legislative districts is a legislative To get an additional seat, is it necessary for you to get 2%?
function. No. As long as there is available seat from the 20%, even if
you have less than 2% you can get an additional seat.

So if you have 100 party list, and you are to get 56; for the
100 organizations accredited to participate in the election of
the party list system, they should get 2% for the votes cast
of the party list.
If only 20 got 2%, then there will be 20 organizations who will

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get one seat. You still have 36 left. June 18, 2011
To divide the 36 seats left, you list according to the number of
votes obtained from highest to lowest, he may get an LEGISLATIVE POWER
additional seat in the house of representatives representing It is vested with congress
the party list, even if they got 1% of the votes cast. It is the power to propose, enact, amend or repeal the law. It
For those getting more than 2, they can have more seats for can be original or derivative. It is vested with congress by
as long as it is not more than 3 seats. express delegation of the people to them through the
constitution.

REPRESENTATIVE OF THE PARTY LIST ORGANIZATION EXERCISE OF POWER


Should you be one of those in the sector to qualify to sit? You have original exercise of the power. It is one with the
It is the prerogative of the organization. In fact, it is a people delegated to the congress, acting as a constituent
requirement, they are supposed to submit names of assembly, exercising the constituent power to propose
nominees. amendments or revisions to the constitution.
The law is silent. If you go by the intent of the law, it is not
required for as long as you are not a member. COMPOSITION OF THE CONGRESS
We were also discussing the composition o the congress:
Case: Arroyo vs Comelec (did not reach SC) 1. senate
He is representing the security guards. 2. house of representatives
He need not be a security guard because you are not electing a. district of representative
an individual but a sector. b. party list system.
He feels for them. He has been fighting bills for the rights of
the security guards. He is qualified to represent them NUMBER OF MEMBERS
As to the number of senators, we have 24, that is fixed by
MAJOR POLITICAL PARTIES law. It cannot be increased or decreased.
Is it allowed for political parties to join party list system? The only change that can be made is the manner of electing
As a political party, they are prohibited because that will them. As of now, we elect them at large or nationwide.
defeat the purpose.
But they can represent an underrepresented sector. OTOH, the house of reps, they are no less than 250 which can
be increased depending on the apportionment of legislative
Constitutional Commission and RA 7941 prohibits major districts.
political parties from participating in the party list. Only congress has the power to apportion or reapportion
The framers of the constitution intended that the major legislative districts, exclusively, not the Comelec, neither the
political parties to participate in party list election through regional assembly of the autonomous region.
their sectoral whims.
CREATION OF LEGISLATIVE DISTRICT
So major political parties can organize or affiliate with chosen The only requirement in the creation of a district is that, if it is
sector/s. a province there is no requirement as to population; as
long as it is type one legislative district.
If it has more than the 250k requirement, it will have more.
As long as the municipalities comprising the legislative district
are continuous, compact and adjunct with each other to
avoid GERI MANDARIN? when you create a legislative
district that would favor a candidate by selecting only the
municipality or cities that are favorable to him, even if far
apart from each other.

Insofar as the house of reps, in the election of members


thereof, we have:
1. by legislative district
2. by party list

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RA 7941 PROHIBITIONS ON ACCREDITATION The reacquisition of citizenship is not a presumption that he
The party list must be accredited by the Comelec. has regained his residency as well, especially when he has
You read the law relating to party list system; RA7941, as lost his citizenship by naturalization and has not come back
regards to accreditation or registration or the prohibition to the Philippines until he applied for repatriation under
against sectoral organization or political party or coalition of 9225. If he has stayed only for one year, then he is
sectoral organization like accreditation of disqualified
a. religious sector
b. organization supported by government funds AGE QUALIFICATION
c. organization supported by a foreign government or On the matter of age qualification, that is on the day of
international organization election.
d. promotes the use of violence
CITIZENSHIP
Go over with these prohibition. On citizenship, on the day he assumed office. That is on the
assumption that he has all the qualifications provided for by
UNDERREPRESENTED MARGINALIZED GROUPS law.
The provision is on representation of the under represented
marginalized groups. RESIDENCY
On the residency, it is synonymous to domicile.
POLITICAL GROUPS
Would these in clued marginalized groups as well? YES. You have either:
Provided that they are representing a particular sector. 1. domicile of origin
2. domicile of choice
NUMBER OF MEMBERS IN THEPARTY LIST
As to the number of members coming from the party list, it is Should there be a change of residence or domicile, there has
so provided in the constitution that the ceiling is 20%. to be the bona fide intention to relinquish or abandon all
To get a guaranteed seat, the party list must have 2% of the residents and these corresponds to the act of abandoning
votes cast for the party list system. the old residents and transferred to a new residence.
For additional seats, for as long as it is still covered in the
20%, even if the organization gets less than 2%, then they Case: Aquino vs Comelec
may still get a seat. It is not enough for him to say that he has already transferred
If you are to get additional seats, the limitation is not for residence. He has to show that indeed he had the intention
more than 3 seats to abandon his former residence.
The abandonment must actually correspond to his acts by
QUALIFICATION OF MEMBERS OF CONGRESS (SENATE) actually abandoning and transferring to another residence.
1. natural born citizen
2. age: 35 years at the day of election QUAIFICATIONS OF THE MEMBERS OF THE HOUSE OF
3. able to read and write REPRESENTATIVES
4. registered voter A. DISTRICT REPRESENTATIVES
5. resident in the Philippines for 2 years immediately 1. natural born citizen
preceding the election 2. age: 25 years at the day of election
3. registered voter
RA 9225 4. resident of the district in the Philippines for at least 1 year
Former natural born citizens who become again natural born
citizens, should they run for senate and for congress, they B. PARTY LIST
must have the other qualifications as well provided by law. 1. natural born citizen
On citizenship, the reacquisition there is on the assumption of 2. age: 25 years at the day of election
office, not on the date of election. For as long as he regained -EXPT if representing the youth sector, maximum age is 30
citizenship before he assumed office, which commences on years. (during the term of your office)3. registered voter
the noon time of the 30th day of June following the 4. resident of the Philippines for at least 1 year
election - need not be a resident of the place where the
Of course he must have the requirement of residency of 2 organization is established
years immediately preceding the election. 5. bona fide member of the organization he represents within
the period of 90 days before election
6. not change political affiliation or party affiliation within 6
months preceding the election

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STANDARDS TO DETERMINE WHETHER A GROUP OS to the continuity of his term of office.
MARGINALIZED OR UNDERREPRESENTED
Case: LGBI vs Comelec, April 8, 2010 ELECTIONS
On the accreditation of Ladlad, there was the disqualification 1. regular election
of Ladad for being immoral. 2. special election
SC, insofar as the matter of its accreditation, is an
organization composed of men and women who identify REGULAR ELECTION is being held in the second Monday of
themselves as lesbians, gays, bisexuals or transgender may and three years thereafter.
individuals, has satisfied that the exacting standards that the
marginalized and under represented sector must The term of office of the senate is on staggered basis.
demonstrate. So for the first 12 when we had election in 1992, serving for 6
years and the last 12 served for 3 years. Thereafter, you
You have: have the continuity. The term of office of 12 of the senators
1. past subordination or discrimination suffered by the group will serve for 6 years.
2. immutable or distinguishing characteristic or attribute or
characteristic that distinguish or define them as a discrete The same is true with the members of house of
group and present political and economic powerlessness representatives. Because of the staggered basis of the term
of office of the senate, it is practically a continuing body.
SC said that they have been historically disadvantaged and Unlike the house of representatives, after the expiration of
discriminated against because of negative public perception the period of time of three terms then there is an
and has even alleged acts of violence perpetrated against interruption until the election of members. But the senate is
their members by reason of their sexual identification and continuous.
gender identity.
The magnitude of opposition against petitioners VACANCY
participation in the party list system is by itself SPECIAL ELECTION - DISCRETIONARY
demonstrative of the sectors lack of political power. In the event a vacancy occurs in the house of senate or in the
So too is the fact that proposed legislation seeking to prohibit house of representatives, we call for a SPECIAL ELECTION.
discriminatory treatment have been languishing in congress. But the calling for a special election is discretionary on the
So they represent the marginalized group. house concerned.

But in the event they call for a special election in case of


In the different view, when we go into the non establishment vacancy, TN of RA 6645, where it has provided for a special
of religion, that was also the reason why they should be procedure on how to call for a special election to fill up the
accredited. vacancy.
Because if you say they are disqualified because of their
religious orientation, that they are considered as immoral, TERM
according to SC has no place insofar as the government is But the senator or member of the house who may be elected
concerned, considering that the government has no religion. in a special election will only serve the unexpired term of his
predecessor.
RA 7941
You just go over RA 7941 especially on the requirements in LIMITATION
order to be accredited as a party list. TN there cannot be a special election in the senate if the
vacancy occurs less than 18 months before the next
TERM OF OFFICE OF MEMBERS OF CONGRESS election. They will just have to wait for the next election, or
SENATE 1 year in the house of representatives.
-6 years, not be for more than 2 consecutive term Because it is very expensive to hold a special election.
-voluntary renunciation of once office regardless of period of
time shall not be considered interruption insofar as SPECIAL ELECTION HOW
continuity of the term of office for purposes of determining In the even a special election is held, how is this done?
successiveness of the term 1. declaration of vacancy or certification of the respective
-even if one has not completed his term and he resigns, house concerned
that is considered as one whole term 2. called
HOUSE OF REPRESENTATIVES 3. held within 45-90 days from the date of the resolution or
-3 years, not be more than 3 successive terms certification
-voluntary renunciation is not considered an interruption as

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SALARIES OF SENATORS AND MEMBERS OF CONGRESS Case: Trillanes IV vs Pimentel
They shall be determined by law. Same reasoning in this case.
Trillanes insisted that he still had the presumption of
Can they be increased or decreased? innocence. He is not like Jalosjos who has been convicted.
INCREASE His case was still pending however it was not bailable, as he is
They cannot enjoy the increase until the term of office of charged with coup d etat.
all the members who approved the increase shall have
expired. SC said that there is no distinction between the two cases.
This is to avoid conflict of interest or graft and corruption. The presumption of innocence include the enjoyment of
This is subject to tax. privileges and rights provided by law.
So SC said, the presumption of innocence does not carry with
DECREASED it the full enjoyment of civil and political rights. Following
It is effective immediately. the equal protection of laws, this immunity from arrest and
detention cannot be availed of by the senator.
This does not include allowances. Salaries are determined by
law.
FREEDOM OF SPEECH
PERKS OF CONGRESS: CONGRESSIONAL IMMUNITIES The freedom of speech means that you cannot be sued for
There are only two legislative immunities: civil damages or libel or slander.
1. freedom of speech Whatever statements he made, while the congress is in
2. freedom from arrest session, if it is relation of course to the matter that is subject
to discussion, he is immune from any suit relating to his
FREEDOM FROM ARREST speeches so that he can discuss and debate with anyone for
When one is charged with an arrest whose imposable penalty any issues relevant subject to legislative enactment.
is not more than 6 years of imprisonment.
For as long as congress is in session, WON the member is NOT INCLUDE DISORDERLY BEHAVIOR
actually attending the session, he is immune from arrest. TN this does not include liability of the member of congress
that may constitute disorderly behavior.
TN that in some cases, this is a privilege and a way of an Immunity is limited only to civil and criminal liability. But not
exception only when one is allowed to enjoy this immunity administrative liability.
without any condition or is absolute.
Case: Osmena vs Pendaton
Case: Jalosjos You can still be held administratively liable but not criminal or
Jalosjos was convicted and was confirmed by SC. At the time, civil.
he was already convicted as congressman. He wanted to be
escorted by the jail guards in order for him to attend the COVERED
session in congress. He said that being a congressman, he is This extends to committee hearings and even agents of the
practically exonerated by his election to the office. legislators in their reports.
He said also that by PARLIAMENTARY IMMUNITY which is the It is not only limited to oral utterances. Anything that is
freedom from arrest and detention, being a member, he communicative in nature is included in the immunity.
should enjoy that privilege.

SC said, the history of that provision granting senators and


congressman immunity from arrest and detention shows
that the privilege has always been granted in a restrictive
sense.
There cannot be a preference to congressman OW there will
be a violation of equal protection clause in the enforcement
of the criminal laws.

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PROHIBITION SEC 15
If they enjoy some perks, they also have some prohibitions SECTION 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,
for being members of congress.
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,
What are some of the prohibition? exclusive of Saturdays, Sundays, and legal holidays. The President may call a
1. You cannot be appointed to other positions of the special session at any time.
government.
Unless you resign. Sessions in congress may either be:
If you are appointed to an office that is inconsistent to 1. regular
being member of congress, you are considered to have 2. special
forfeited your seat.
But in other cases, like forbidden appointments, if you REGULAR SESSION
are responsible for the creation of that office, or increase -every 4th Monday of July
its salary or allowances, you cannot be appointed to that -shall continue as determined by them by law until 30 days
office, even if you resign. before the next opening of regular session
-exclusive of Saturdays, Sundays and legal holidays
Case: Liban vs Gordon, Jul 15, 2009
Gordon is also a chairman of Red Cross. SPECIAL SESSION
There was a question on his appointment that he should -when congress is in recess and president calls for a special
vacate his position as senator having been appointed. session
SC said, Gordon did not relinquish his senatorial post -it is the president who calls for this session to attend to
despite his election to and acceptance of the post of certain important urgent matters that need immediate
chairman of the Philippine Red Cross. attention by congress.
Because PNRC is a private organization merely
performing a public function. PNRC chairman is not a ADJOURNMENT OF SESSION
government official or employee. Not being a government -they have to inform each other if they have to adjourn, and
office, the PNRC chairmanship may be held by any not in separate places
individual including a senator, or a member of the house of
congress. SEC 16
SECTION 16.
PNRC is autonomous, neutral and independent from the
(1). The Senate shall elect its President and the House of Representatives, its
Philippine government. it is a voluntary organization that Speaker, by a majority vote of all its respective Members. Each House shall
does not have government assets and does not receive any choose such other officers as it may deem necessary.
appropriation from congress. (2) 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
Gordon may serve as chairman without giving up his
attendance of absent Members in such manner, and under such penalties,
position. as such House may provide.
(3) Each House may determine the rules of its proceedings, punish its
2. Appearing as counsel before any court of office, electoral Members for disorderly behavior, and, with the concurrence of two-thirds
of all its Members, suspend or expel a Member. A penalty of suspension,
tribunal, quasi judicial and administrative bodies. when imposed, shall not exceed sixty days.
Any court of justice includes appellate courts. (4) Each House shall keep a Journal of its proceedings, and from time to time
The prohibition is only against personal appearance. This publish the same, excepting such parts as may, in its judgment, affect
does not include consultation and signing pleadings in national security; and the yeas and nays on any question shall, at the
request of one-fifth of the Members present, be entered in the Journal.
cases pending any courts of justice.
Each House shall also keep a Record of its proceedings.
(5) Neither House during the sessions of the Congress shall, without the
consent of the other, adjourn for more than three days, nor to any other
3. Becoming financially interested in any contracts of place than that in which the two Houses shall be sitting.
government
OFFICERS OF CONGRESS
4. Cannot intervene in any matter before any office of the -IMPORTANT PRINCIPLE IN ELECTION OF OFFICER B4 START
government OF SESSION: election of officers by MAJORITY VOTE
This is part of transparency and public disclosure. IOW even if the president comes from a minority political
party, for as long as he was chosen by the majority of the
members of the house, he is never precluded to be elected
in the position of majority floor leader or as the president of
the senate.
The only requirement is that he is chosen by majority of the

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house. It is a factual matter and it is not for SC to interfere because
But this is on the presumption of a quorum (50% plus 1). of separation of powers, insofar as they affect the members
However, it has to be based on the coercive power of the of congress.
house concerned, where the house has the power to compel SC cannot inquire into the allegations that in enacting a
the member to attend the session even if he is sick. For as law, the house of congress filed to comply with its own rules
long as he is within the jurisdiction of the house, he may be in the absence of showing that here was a violation of the
compelled. constitutional provision or private rights.
And still if he is absent, he can still be considered in the Parliamentary rules are mere procedures which may be
determination of quorum. waived or disregarded by the legislative body.

Example. You have 24 members in the house of the senate. DISCIPLINING OF MEMBERS OF CONGRESS
One of whom is in the hospital and one is on vacation If you can impeach some impeachable officers like the
abroad. president, how do you remove a member of congress before
In determination of quorum, what would be the basis of the expiration of office?
50% plus 1? 23. Certainly not by impeachment, not even by the office of
A quorum is not based on the total membership but the ombudsman.
members who may be coerced or compelled to attend the To maintain their independence, the discipline of the
session. That includes the one in the hospital because he can members of the congress is exclusive to the house
still be coerced in a stretcher. concerned.
But for one who is abroad, he will not be considered.
Because even if congress wants to and issue a warrant of VOTES
arrest, our warrant is nothing abroad because congress hs How many votes are needed to expel a member of congress?
no authority outside our territory. 2/3 votes of the members for the house concerned.

When they deliberate, how many votes are needed in GROUNDS DISORDERLY BEHAVIOR
order to pass a law? For what grounds?
Majority of the quorum. There is only one ground, unlike in impeachment where
Thats why quorum is important. It must be established at there is 6 grounds.
the beginning of the session. Only for DISORDERLY BEHAVIOR.
The definition if disorderly behavior is discretionary in
SHIFTING MAJORITY PRINCIPLE congress.
As the attendance increases, that starts with the quorum,
there is also an increased number of majority in the passing NOT SUBJECT TO REVIEW BY COURTS
of the law. Is this subject to review by the courts?
It is possible that at the start, there were 13 attending. And NO.
therefore, all that is needed to approve the law is majority
of 13. EXPT: JUDICIAL REVIEW
But in the course of the session, other members arrived Case: Osmena vs Pendaton
and we have now 20, then the majority required to approve SC said, the house of representatives is the judge of what
a legislative enactment will also increase. constitutes disorderly behavior.
This is with regards to Pendaton being censored.
DETERMINATION OF QUORUM The court will not assume jurisdiction in any case which will
The matter of determination of quorum will be based on amount to interference of judicial department with the
the internal rules of congress. They make their own rules legislature.
and regulations. Of course, when there is ABUSE OF DISCRETION
The SC cannot interfere unless there is violations of the AMOUNTING TO LACK OR IN EXCESS OF JURISDICTION in the
provisions of the constitution. discipline of members of congress, then that can be
reviewed by SC in exercise of its judicial review powers.
Case: Joker Arroyo vs de Vinecia
There was a question on WON there was a quorum at the
start of the deliberation of the bill.
He said that it was passed when there was not quorum.
Therefore there was no majority.
SC said that is up to the house concerned. They have their
own rules

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Case: Jalosjos ADJUNCTS OF CONGRESS-OFFICES CONSIDERED AS
Did his election as congressman condone his criminal EXTENSIONS OF CONGRESS
conviction? 1. Electoral Tribunal
SC said, his election as congressman did not amount to 2. Commission on Appointments
condonation of his offense. Neither does it entitle him
pending appeal to be free from confinement and to be ELECTORAL TRIBUNAL
allowed to attend session of congress for the people elected It is the sole judge of election contests relating to election,
him with full awareness of the limitations of his freedom of returns and qualification of members of congress.
action and movement.
It was never the intention of the framers of constitution to KINDS
show the members of congress from the consequences of There are two electoral tribunals:
his wrong doings. 1. SET Senate Electoral Tribunal
A member of congress can only invoke immunity from 2. HRET House of Representatives Electoral Tribunal
arrest for relatively minor offenses punishable at most by
correctional penalties. MEMBERSHIP
Both consist of 9 members each. 3 of whom are justices of SC.
Case: Paredes vs Sandigan bayan 6 others are coming from political parties by proportionate
He was then the Secretary of Health when he was charged representation.
by the SB. It was asked by the office of the prosecutor when The basis of the election to the electoral tribunal to represent
he became a member of congress to suspend him a political party is by proportional representation from
preventively while the criminal case in SB is pending. political parties including the party list.
SB placed a member of congress under preventive IOW, you cannot just choose them from one political party.
suspension without violating the exclusive power of They have to be proportionate.
congress to discipline its own members. You go by the number of members consisting a political party.
SC said that that preventive suspension imposed by the And then divide that by the number of the member of the
court is not yet a penalty. It is just a precautionary measure. house and multiply it by 6 allocated for the political party.
While it is true that the matter of disciplining its members is
exclusive to congress, it does not preclude the courts to Example. You have two senators from the political party of
place someone under preventive suspension because of the Liberal party;
pendency of the criminal case before the courts. 2 X 6 = number of representation in the tribunal
There is no similarity here because what is contemplated as 24
exclusive to congress is the penalty of penalizing disorderly
behavior. What about representative coming from the party list, will
In the case of SB, it is a precautionary measure so that the there be a chance for one sectoral organization to be
evidences would not be tampered neither would the elected in the electoral tribunal?
members of the congress use his office in order to SC said, for as long as they qualify the qualification of
intimidate possible witnesses of the criminal case in the SB. proportionate representation, it is for congress to determine
how they can go about it.
Perhaps they can join coalist with other sectoral
PENALTIES organization in the party list just to make sure that they can
1. Expulsion get a seat in the electoral tribunal.
2. Suspension
INDEPENDENCE OF MEMBERS FROM POLITICAL PARTY
MAXIMUM PERIOD TN the moment you are chosen in the electoral tribunal, you
If the intention of Congress is to suspend a member of the become independent from your political party that you
house for more than 60 days, then he might as well be represent. This is to maintain the impartiality of the
expelled. electoral tribunal, being a quasi judicial body determining
The maximum suspension therefore that can be imposed by a election contest.
member of congress for disorderly behavior should not be The change of political party or the removal of a member of
more than 60 days. electoral tribunal from the political party will not be a
Should it be more than 60 days, then it should be an ground for the removal from the electoral tribunal itself.
expulsion.

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Case: Bundoc vs Pineda This was clarified in the case of:
Here is a member of the electoral tribunal who was expelled Case: Barbers vs Comelec
from the political party that he was representing because he What has been referred to as election returns and
voted against a candidate of the political party in an election qualifications within the jurisdiction of electoral tribunal, it
contest that was held for the electoral tribunal should be interpreted to its totality as referring to all
The question there is, would that mean removal because he matters affecting the validity of the contestees or
does not anymore represent the political party? protestees title.
SC said, no. Because his seat is permanent and he is But if it is necessary to specify, you can say that ELECTION
independent from the political party. refers to the conduct of the post including the listing of
voters, the holding of the election campaign and the passing
in counting of the votes.
JURISDICTION RETURNS refer to the canvass of the returns and the
What is the jurisdiction of the electoral tribunal? proclamation of the winners including questions concerning
All contests composition of the board of canvassers and the authenticity
When you say contests, there has to be two parties: of election returns.
1. protestant QUALIFICATION refers to matters that could be raised in a
2. protestee quo warranto proceedings against the proclaimed winner,
The protestant is the defeated candidate against the such as his disloyalty, ineligibility or inadequacy of his
winning candidate who has been proclaimed and had certificate of candidacy.
assumed office as a member of congress. The moment he is proclaimed validly as a member, this is
If there is no contest, then you file a quo warranto within the exclusive jurisdiction of the electoral tribunal.
proceeding with the electoral tribunal; if the person you are
trying to remove has already become a member of the What is the jurisdiction of the Comelec?
congress. Remember that there is no pre proclamation contest
involving members of congress.
Case: Sumaya vs Daza So that matters pending with the Comelec could be a
There was an accusation that he was a green card holder of disqualification case at the time of the filing of certificate of
US and thus moved for disqualification. candidacy which was not even despite the election of the
It was dismissed because in the first place, according to SC, candidate.
it has already become moot and academic because at that For as long as the candidate has not been proclaimed yet,
time, Dazas term of office has already expired. Comelec still has jurisdiction.
A case of disqualification should have been filed in earlier
at the time of filing the certificate with the Comelec. Example. Here is a candidate running for the senate. He
They filed the disqualification case in the SC, it should have filed for certificate of candidacy and a case for
been filed with the electoral tribunal because he is a disqualification was filed against him in the Comelec.
member. Despite the pendency of that case, he was elected. As long
There is no contest because this pertains to a qualification as there is no proclamation yet of that candidate as member
of a member. He is not at all there to replace him in the of the congress, any questions pertaining to qualifications of
event this candidate or member is removed because of that member should be resolved by the Comelec.
qualification. IOW the Comelec should not be divested of its jurisdiction
Should it be electoral tribunal? Instead of electoral tribunal, over the case yet.
you file it with the house concerned for his exclusion as a
member to protect the integrity of the house that only Case: Cudilla vs de Vinecia
qualified members should become members of the house. Cudilla was disqualified by a division of the Comelec
Because the jurisdiction of the electoral tribunal is limited because he was accused of an election offense. According to
only to contests. There is no contest because there is no a complainant he had this infrastructure, delivering of
defeated candidate filing an election contest in order to gravel, despite election period which is an election offense.
replace him. Despite the resolution of the division of Comelec
disqualifying him, he won the election. Because of the
disqualification, his votes were not counted and his rival was
proclaimed as the duly elected.
In the mean time, while the election was on going, he was
able to file his appeal seasonably with the Comelec en banc
and the decision was reversed saying that it was Cudilla who
won because he was not disqualified.

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So Cudilla went to de Vinecia to ask him to let him assume divested of jurisdiction over the disqualification case.
office because he was a duly elected representative of Leyte
per resolution of the Comelec en banc. Case: Berauco vs Nograles, Paras vs Nograles, Billondo vs
De Vinecia told him to file his Quo Warranto proceedings in Comelec
HRET because Locsin has already been proclaimed as a Once the winning has been proclaimed, taken his oath of
member of the house. office and assumed office as member of the house of
Is de Vinecia correct? representative, Comelecs jurisdiction over the election
SC says, no. because the proclamation of Locsin was contest relating to election returns and qualification ends.
premature. There was an appeal seasonably filed, therefore, And the HRET jurisdiction begins.
the Comelec was never divested of his jurisdiction over the The proclamation of the winning candidate divest the
disqualification case. Comelec of jurisdiction over matters ending before it at the
Since the proclamation is invalid, it is as if no member has time of proclamation.
been proclaimed as such. So it should have been the
Comelec to recognize that he is a member. He does not have It says here that after the proclamation of the winning
to file a Quo Warranto proceedings in the electoral tribunal candidate in the congressional elections, the remedy of
because that is already an pronouncement that he is the those who may assail its eligibility or ineligibility,
duly elected representative of the district of Leyte. qualification or disqualification is to file before the HRET a
petition for election protest or a petition for a quo warranto
within the period prescribed by the HRET Rules.
Case: Limkaichong
Limkaichong ran as congresswoman in Negros Oriental. Case: Zubirri vs Comelec , Mar 13, 2008
Before the election, a disqualification case was filed against Pimentel went to SC and asked for an injunction to stop the
her for lack of the required requisite of citizenship. proclamation of Zubirri because he wanted to get the
According to the complainant, the father was not a election returns from the ARMM.
naturalized citizen because the proceedings was invalid. And Zubirri was already proclaimed as duly elected senator.
because the father was not a citizen of the Philippines, that SC said hat they do not have jurisdiction on the matter
makes Limkaichong ot a Filipino. anymore because the matter of determining election
Despite the pendency of the disqualification case, contest relating to election returns in qualification is
Limkaichong won the election. And the exercise of the quasi exclusive to the electoral tribunal. In which case, it is with
legislative function of the Comelec passed a resolution that the SET.
all those who have won the election without prejudice that It is not a matter of administrative proceedings. You are not
the pendency of disqualification case should be proclaimed questioning the results of election.
as the duly elected candidate. It is the SET which has exclusive jurisdiction to act on the
In this case, a resolution was passed and Limkaichong was complaint of Pimentel involving as it does a contest relating
then declares as duly elected and she became a member of to the election of Zubirri, now a member of the senate.
congress.
Paras went all the way to SC because the disqualification case
was dismissed. According to Comelec, they were already
been divested of jurisdiction because Limkaichong has
already been proclaimed as a duly elected member of
congress. You continue the proceedings with the electoral
tribunal this time.

See the difference in the circumstances in the case of Cudilla


and Limkaichong.
In Cudilla, there was an appeal but there was a resolution
saying that pending the resolution of the disqualification
case, you are duly proclaimed as elected candidate.
In Limkaichong, there was a resolution of the Comelec saying
that all the candidates notwithstanding the pending cases,
shall be proclaimed as duly elected, without prejudice to the
continuation of the proceedings in a proper forum.

So in the case of Lmkaichong, she was proclaimed as duly


elected. Now that she is a member of congress, Comelec is

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NO APPEAL OF DECISION OF ELETORAL TRIBUNAL COMMISSION ON APPOINTMENTS
Where do you appeal the decision of the electoral tribunal? MEMBERSHIP
Their decisions are final and executory. It consists of 12 senators and 12 members of the House of
Except when there is an allegation of abuse of discretion Reps presided over by the President of the senate
amounting to lack or in excess of jurisdiction.
FUNCTION
Case: Abubacar vs HRET The main function is to act on nominations by the president
Jurisdiction of SC to review the decisions and resolution of on certain appointments where the constitution requires the
HRET operates only upon the showing of grave abuse of confirmation by the Commission of Appointments.
discretion on the part of the tribunal tantamount to lack or They should act within the period of 30 days while congress is
in excess of jurisdiction. in session from the submission of the nomination.
Such grave abuse of discretion implies capricious and
whimsical exercise of judgment amounting to lack of APPOINTMENTS REQUIREING THE CONFIRMATIN OF CoA
jurisdiction or arbitrary and despotic exercise of power 1. Heads of executive department
because passion and personal hostility. 2. Members of AFP
The grave abuse of discretion must be so patent and gross as From Captain to Corporal in the navy or Cornel to
to amount to an evasion and refusal to perform any duty General in the ARMY.
enjoined by law. 3. Officers whose appointment are vested in the president by
In this case, it was absent. And thus the decision of the the constitution
electoral tribunal was sustained. a. Comelec commissioner
b. COA commissioner
c. Civil service commissioner
d. Regular members of the judicial and bar council
See Ronald Villando vs HRET 4. Ambassadors, consuls and other public ministers
Abayon vs HRET
Lukin vs Comelec These cannot be expanded by ordinary legislation.
Pimentel vs HRET

PROCEDURE
One the matter of procedure, CoA can only hold session while
congress is in session.

APPOINTMENTS
Appointments could either be regular or ad interim on the
part of the president.

If it is REGULAR APPOINTMENT, appointment of those I have


enumerated must require confirmation to make the
appointment permanent.
Talking about regular appointments while congress is in
session, if it is only in acting capacity therefore temporary in
nature, even if those referring to I have enumerated, the
president is not compelled to submit the names to the CoA
for confirmation because of the nature of appointment
which is only in acting capacity and that is discretionary on
the president.

APPOINTMENT DURING RECESS


If the president makes an appointment while congress is in
recess, therefore CoA is likewise in recess, what is the nature
of the appointment?
It is permanent but immediately it is effective upon
qualification of the appointee but will last only until the next
adjournment of the congress if it is not confirmed.
By next adjournment, it could mean regular or special
session because there is no distinction.

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So if the congress is not in recess, they should follow that Case:
there is confirmation. However in the case of this commissioner, he was nominated
But if the congress is in recess, the president can still make an by the president to be the chairman of the Comelec. This has
appointment even for a secretary of a department. It is still always been by passed by CoA until the president appointed
permanent but the duration is limited. Unless it is confirmed him in an interim appointment, immediately permanent.
by the CoA, it shall last only until the next adjournment of Because he was not confirmed by CoA, upon the next
congress. adjournment of congress, his appointment expired. He was
again reappointment by the president.
ADJOURNMENT OF SESSION Was there a violation of the prohibition on reappointment of
The adjournment can be of a regular session or a special the commissioner?
session. No. because the appointment was ad interim, not a regular
If it is a regular session, it is determined by law, it will last appointment. The prohibition against reappointment applies
until 30 days before the opening of the next regular session. only to a regular appointment, meaning appointed or
If it is a special session, after the termination of the special nominated by the president, confirmed by the CoA, he had
session by congress after they are being called by the finished his term, then he cannot anymore be reappointed.
congress. But for an ad interim appointment, it will last only upon the
next adjournment of the congress and therefore expires if
not confirmed. Upon the next adjournment he can still be
renominated to the same position.
REAPPOINTMENT
Can you be reappointed or renominated to the same
position? MEMBERSHIP OF CoA
Yes. For as long as it is not disapproved, you can be It is the same, PROPORTIONATE REPRESENTATION from the
renominated. political parties.
If it is only by passed, meaning it is not acted on within 30
days from its submission to the CoA, you can be CHANGE OF POLITICAL AFFILIATION
renominated. And this is highly partisan in the sense that the moment that
you seize to be a member of the party, automatically, you
are removed as a member of CoA.
The change of political affiliation has to be permanent. If you
EFFECT OF NON CONFIRMATION ON PREVIOUS POSITION it is only a coalition, that is not considered a permanent
Can you go back to the previous position if not confirmed? change of political party affiliation to remove you as a
If it is a regular appointment, you can go back to your member of CoA.
previous position because the effectivity of appointment is
upon confirmation. NUMBER OF MEMBERS
If it is an ad interim appointment, it is effective There are 24 members all in all. 25, if you include the
immediately upon the qualification. You may be president of the senate.
renominated but you cannot go back however to your But there is no need to fully fill up the 24 membership in the
previous position. CoA. It is upon their discretion, as long as:
1. they constitute majority of the membership
Case: Matibag 2. at least a political party is represented by 2 members in
To be appointed to the Constitutional Commissions, there is a order to qualify to get a seat in the CoA.
prohibition against reappointments. You have affixed term
of office without reappointment.
This appointment being referred to here that is prohibiting a
reappointment refers to an appointment that is regular and
confirmed by the CoA. Once confirmed you become a
commissioner for a fixed term. In which case, you cannot be
anymore reappointed upon the expiration of the term.

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AIDING IN LEGISLATIVE ENACTMENTS So then, if the president thinks that the information Congress
LEGISLATIVE INQUIRY and QUESTION HOUR as part of the wants to inquire into is privileged, under the separation of
oversight function of congress. powers, he can invoke the executive privilege and not allow
cabinet member to testify or to appear in committee
LEGISLATIVE INQUIRY hearing.
It is the power of congress to inquire into any matter that
may be a subject of legislative enactment. HOW TO INVOKE EXECUTIVE PRIVILEGE
Either it is pending or not pending at all, for as long as it will How does the president invoke executive privilege?
help congress in formulating a law. By the president himself saying that it is an executive
privilege, and it cannot be disclosed, or
WITNESSES By the authority of the president invoked by the executive
So those persons who may be summoned to appear before a secretary.
legislative inquiry are witnesses. They are not accused. And
sometime we would wonder why in the course of the Case: Neri vs Senate Committee
session, they become defensive. WON the information that the senate wants to look into was
So they cannot invoke the right against self incrimination an executive privilege.
because it is supposedly an enlightening session. You as a Neri invoked the executive privilege of the president saying
witness to enlighten congress, help them in legislation. that he cannot disclose.
Notwithstanding the invocation of the executive secretary of
EXECUTIVE PRIVILEGE the executive privilege of the president, they continued to
EO 461 harass Neri, in fact because he did not appear anymore in
Case: Drillon vs Executive Secretary the senate, they issued an arrest order for contempt.
Arroyo passed an Executive Order 461 on Executive Privilege, SC sustained Neris right with the invocation of the president
saying that cabinet members should not appear in a of the executive privilege.
legislative inquiry either in Congress, house or Committee
Hearing without her consent. Senate wanted to know this; Neri disclosed that there was an
So if one is served with summons to appear, they would say, offer of bribe to him just to approve the broadband contract
ask the president first. with ZTE. He was saying $250m, being offered by the
Then you have Drillon questioning the constitutionality of EO Chairman of the Comelec.
461. He said that he told the president about it. Senate wants to
know what was the reaction of the president. The president
Is it correct for the president to invoke executive privilege? timely invoked executive privilege.
SC said yes. However, that can only be invoked by the
president. IT IS NOT EXTENDED TO THE CABINET MEMBERS. The question there is, are those information asked by the
senate executive privilege?
So SC partially nullified the provisions of EO 461. SC said, the communications illicited by the three
It is not by the position that you hold as a cabinet member questions;
that makes you exempt from legislative inquiry, but it is the 1. Whether the president followed up the NBM project
information that you are in possession with because it 2. Where you dictated to prioritize ZTE?
involves the privilege of the president. It is an executive 3. Whether the president said to go ahead and approve the
privilege. project after being told about the alleged bribe,
Precisely, to determine WON information will affect the office Are covered in the presidents communication privilege.
of the president, or it will affect the integrity of the office of
the president, it will discharge the functions of the SC said, first, the communication refers to a non delegable
president, one has to ask the president if the information power of the president, the power to enter into executive
being held by the cabinet member that the congress wants agreement with the other countries. This authority of the
to inquire into is an executive privilege. president to enter into executive agreements without
And so they have to stay the purpose of the summons of this concurrence of legislature has been traditionally recognized
cabinet member so that to give time to the president to in the Philippine jurisprudence as confidential.
invoke the executive privilege. The communications are received by a close advisor of the
It is not the cabinet member who enjoys the executive president under the OPERATIONAL PROXIMITY TEST, Neri
privilege but it is the president. can be considered as a close adviser being a member of the
The information being held by the cabinet member that the Cabinet.
president may invoke executive privilege. Third, there is no adequate showing of a compelling need
that would justify the limitation of the privilege and the

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availability of the information elsewhere by an appropriate June 20, 2011
investigating authority. You can get the information
elsewhere. LEGISLATIVE INQUIRY
It is the power of congress to inquire and investigate on any
IOW in this case, the executive privilege was sustained. matter WON there is a pending subject matter on legislation
which includes the power of contempt.

NATURE OF EXECUTIVE PRIVILEGE POWER OF CONTEMPT


It is the implied power of the president to withhold The power of contempt may not have been expressly granted
information requested by other branches of the in the constitution, but inherent in the power of congress to
government. conduct investigation, to give teeth to that power OW it will
The constitution does not expressly grant this power to the be useless to call people and give them option to attend or
president but courts have long recognized implied not.
presidential powers necessary and proper in carrying out
powers and functions expressly granted to the executive LEGISLATIVE POWER OF CONGRESS
under the constitution. This power is discretionary, and cannot be encroached upon
by the two other branches of the government due to
This jurisdiction, several decision have recognized executive separation of powers.
privilege starting with 1995 case of:
Case: Almonte vs Vasquez Case: Neri vs Senate
On the SALN being confidential. In fact, if cited for contempt in a legislative inquiry, the
president cannot grant him pardon, neither can the court
Case: Chavez vs Public Estate Authority issue an injunction to enjoin the implementation of
contempt made by congress unless of course there is an
Case: Senate vs Ermita abuse of that discretion amounting to lack of in excess of
jurisdiction.

OTHER MATTERS COVERED IN EXECUTIVE PRIVILEGE BY


JURISPRUDENCE EXECUTIVE PRIVILEGE
1. As the commander in chief, as chief executive the There are certain information that may not be disclosed such
president is ultimately responsible for the military and that matter of executive privilege of the president.
national security matters. The information that is in the possession of the president or
2. As officially in control if the nations foreign service, that is of his executive officer or cabinet members that cannot be
also executive privilege. disclosed even to congress and to public at large for it might
3. Executive agreements entered into by the president, affect the office of the president or his integrity.
diplomatic negotiations.
4. Internal deliberations to the president by his cabinet Examples:
1. discussions or deliberations during a cabinet hearing
There is a pending bill limiting the executive privilege of the 2. conversation between the president and advisors
president, defining what may be considered as executive 3. conversation with consultant for policy making
privilege. 4. city negotiation by petition
5. matters relating to the presidents power as a commander
in chief with respect to military secrets or strategy

These are information that may not be disclosed to congress


even if a cabinet member is summoned by congress to
appear.

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BALANCING OF EXECUTIVE PRIVILEGE SEPARATION OF POWERS VS LEGILATIVE INQUIRY
However, according to SC, this has to be balanced with
1. the power of legislative inquiry on the part of congress Case: Tengyon vs Committee
2. the right of people to information on matters of public SC said that should there be a pending case already filed,
concern insofar as the public at large supposedly, the person being summoned to appear on
3. insofar as the exercise of the power of SC and other courts committee hearing to shed light on matters that might be of
in the settling of disputes, help to congress in the making of law may not be compelled
if it might violate the separation of powers between the
And how to balance it, that has to be determined by the legislative branch and the judiciary.
courts.
IOW it is not absolute, it still has to be looked into by SC. Case: Benzon
This has something to do with the illgotten wealth of the
Which of these two equally important interest must be given Marcos and the corruption committed. There were cases
priority? Executive privilege? Or the three other public filed with SB.
interest? SC sustained the separation of powers by stopping the
legislative inquiry as there was already a case filed in court.
CASES
Case: Senate vs Ermita Case:
This is the declaration of the unconstitutionality of EO 464 on In contrast of that, there is a case filed in the trial court and
Executive Privilege, as to the extent of the exercise of the what happened was that there was an inquiry of a
executive privilege of the president. transaction relating to a purchase of a property in
Mindanao.
Case:Neri vs Senate They filed a case in court. Thereafter, they ask for an
They discussed what kind of privileges of the president that injunction to stop the inquiry on the transaction.
the president or his cabinet members cannot be compelled SC said that you cannot stop this by simply filing a case
to disclose. because the power of congress is plenary.

Case: Akbayan vs Aquino Case: Standard Chartered Bankvs Senate Committee


This has something to do with Jepepa where there is a The officers of Standard Chartered Bank had to appear before
question whether Secretary Aquino was asked to give a copy the committee who are in charge of banking transactions
of Jepepa for the study of congress. because of possibility of violations of law that might affect
Because it was still under negotiation, it is confidential and the economy of country and what they did was that the
part of the executive privilege of the president. officers of the bank asked for injunction to stop the inquiry,
According to SC, he cannot be compelled because after all, it saying that there is already an investigation conducted by
is the very matter or if they want to inquire about it, there the Central Bank, and anytime soon, there might be a case
are other sources other than from the office of the BPI. filed against them.
SC says, the mere filing of a criminal or administrative
complaint before court or quasi judicial body should not
automatically bar the conduct of legislative inquiry OW it
would be easy to subvert inquiry of the congress through
the convenient ploy of instituting a criminal or
administrative complaint.
The exercise of congress or any of its committee of the power
to punish contempt is based on the principle of self
preservation of the branch of government vested with
legislative power independently of judicial branch. It can
assert its authority and punish contentious acts.
It cannot penalize the violators even if there is overwhelming
evidence of criminal culpability. It can only recommend
measures or remedy which may be unearthed during
investigation, although it may include in its report of its
investigation or report for the criminal indictment of
persons who may appear liable.

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WITNESS SUMMONED CAN BE COMPELLED VARIETIES OF EXECUTIVE PRIVILEGE
While we would say that the mere filing of a criminal or 1. state secrets
administrative complaint against a witness or person Invoked by the president if it will subvert crucial military,
summoned before a legislative inquiry can be compelled to diplomatic objectives.
appear before the senate or the congress.
Because they are not accused in a legislative inquiry. Rather, 2. informers privilege
they are mere witnesses. These are information that the president cannot be
So they do not violate the separation of powers between the compelled to disclose; not to disclose the identity of
legislative branch or any court or quasi judicial bodies where persons who furnished the information of violation of law
there is also a case filed against witnesses. to officers charged with the enforcement of the law.

3. generic privilege
Benzon case has different circumstances as that of the Internal deliberations attached to intra governmental
Chartered Bank. and the documents reflecting advisory opinions,
recommendations and deliberations comprising part of
CONDUCT OF LEGISLATIVE INQUIRY PROCEDURE process which governmental decisions and policies are
One cannot be inquired into or cited for contempt. There has formulated.
to be the Rules of Procedure and that must be published.
That is also emphasized in the case of Neri vs Senate.
CABINET MEMBERS
As regards to the cabinet being sovereign before the
PCGG - legislative inquiry, they have to ask for the consent to
Can the congress compel the commissioner of PCGG despite appear to give the president the chance to invoke the
the privilege given to the office that they cannot be subject privilege.
of investigation.

(my recording starts here)


Case: Savio
He was cited for contempt.
In the matter of petition for issuance of writ of habeas corpus
on Savio, SC said that congress power of inquiry is broad
that it encompasses everything that concerns the
administration of existing laws as well as propose needed
statutes.
It even extends to government agency created in congress
and officers whose positions are within the power of
congress to regulate or even abolish.
PCGG belongs to this class. So long as constitutional rights of
witnesses like Chairman Savio and his commissioners will be
respected by respondents senate committees.
It is their duty to cooperate with them in their efforts to
obtain the facts needed for intelligent legislative action.
The obligation of citizen is to respond to subpoena, to respect
to the dignity of congress and its committees and to testify
fully with respect to matters within the realm of
investigation.

Case: Miguel vs Gordon, Act 17, 2006


A mere provision of law cannot pose limitation on the power
of congress in the absence of constitutional basis.

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QUESTION HOUR DECLARATION OF WAR
Who has the power to declare war?
APPROVAL OF PRESIDENT It is the president who declared war. But there cannot be
Does it need the approval of the president? declaration of war should there be no definition of the
Yes. existence of a state of war.
The law does not make it a condition sine qua non to the
LIMITED TO CABINET declaration of war.
How is a question hour conducted?
This is limited to cabinet members. So not any person will But in the matter of the existence of the state of war is for
be summoned before any committee or senate or the purpose of granting or vesting in the president
congressional inquiry. emergency power, that is why they have to determine WON
So it is either there exist a state of war.
a. the cabinet requesting an audience with the senate or But WON there is a determination of the existence f a state of
congress or any of its committee insofar as matters that war, of course the president can declare war as the
affect or they want to clarified about. commanding chief of the AFP.
b. the president to be informed of the sessions on reaching OW if the president has to wait for congress to hold session
the congress, and vote WON we are on a state of war, then we are already
c. congress summoning a member of the cabinet. invaded.

POWER OF OVERSIGHT OF CONGRESS DECLARATION OF STATE OF WAR


If it is just a follow up on laws that are to be enforced by the However, for purposes of the prosecution of the war such as
different departments that is part of the oversight function granting emergency power to the president so that the
of congress which would include scrutiny, investigation and president can incorporate funds for the war, it is important
supervision. that there has to be a declaration of state of war, and that is
Power of oversight embraces all activities undertaken by vested with the congress.
congress to enhance its understanding of and influence the
over the implementation of the legislation it has enacted. How many votes are needed?
Clearly, oversight concerns post enactment measures under 2/3 votes both houses, voting separately.
taken by congress to monitor beurocratic compliance with
program activities, to determine whether the agencies are
properly administered to eliminate executive dishonesty and EMERGENCY POWER
prevent executive usurpation of legislative authority to Where is emergency power vested?
assess executive conformity with congressional perception It is not in the president but it is delegated to the president.
of public interest. It is vested in congress.
This may be done in a question hour. This is the power that is delegated to the president in a
statute under sec 23.
Because you might think that this power is exercised by the
president; this can only be exercised by the president if it is
delegated by the congress to the president.

Under what cases?


Only in cases of:
1. national emergency
2. war
And thus precisely a determination of congress whether we
are in a state of war.

But in the determination if we are in the state of rebellion or


national emergency, that may be done by the president
only. (David et al vs Arroyo).

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LAW MAKING PROCESS RULES AND LIMITATIONS IN MAKING OF LAWS
There is a sponsor of the bill which will be under first reading. There are certain rules and limitations in making of laws, both
Only the title will be read. substantive and procedural.
Thereafter, it is referred to a committee for referral.
The committee could either conduct a further study on a bill AS TO BILLS THAT MAY BE SPONSORED
that is being sponsored through hearings or may just lay it a. bills that must originate from the House of
on the table, meaning not act on it. Representatives
In the event the committee concerned acts on it, it goes back 1. appropriation bills
to the plenary session for a second reading. 2. revenue bills
3. tariff bills
On the second reading, not only will the title be read but the 4. bills authorizing increase of public debts
whole text of the sponsored bill including the recommended 5. bills of local application and private bills
changes made by the committee.
Meaning, the house of senate cannot initiate unless they
Thereafter, there will be discussion and debate on the bill. receive the first version of the house of reps. They may
Then it will be recommended for printing. probably come up with their own version.
After the printing, it will distributed at least three days before
the plenary session is held and then there will be a third What are these kinds of bills?
reading. 1. appropriation bills
-authority to disburse public funds
After the third reading, no amendment will be made, then -may be general or special
they will take a vote.
Thereafter, it will be transferred to the other house. 2. revenue bills
-designed to raise money or revenue through imposition
The three readings is indispensible. or levy
But where the president certifies that the bill is urgent
because of an exigency or emergency, the three readings 5. bills of local application and private bills
may be done on the same day. And the printing may be -for matter relating to LGU
dispensed with. After the third reading, there will be the -ex. change from municipality to city
taking of the vote.
The bills may be:
If there are differences between the two houses version, it 1. general bill
will be referred to a bicameral conference committee. It can 2. special bill
even make a practically new version of the bill of both
houses.
There will be no violation here. It is not superior to the two 1. general bill
other houses because after all, the recommendation of the -ex. ANNUAL BUDGET
bicameral conference committee still has to be submitted to -prepared by the president to be submitted before the
the plenary sessions of both houses where they will take a regular session
vote whether to agree to the bicameral conference -MAY NOT BE INCRESSED BY CONGRESS
committee or not. -MAY BE DECREASED BY CONGRESS
-must specifically to some particular appropriation
So ultimately, if it is carried out, it is approved by both and the legislation or enactment must be limited in
houses. The amendments could take as a substitute. its operation to the appropriation to which it relates
-of course there must be an available fund for that
purpose
-NO JUGGLING OF FUNDS
-if there is an amount appropriated for a specific
purpose, you cannot transfer it as GR to another
purpose or from one item to another item
-EXCEPTION:
-depends on whose budget, who will approve
a. executive - president
b. legislative - president of the senate or the
speaker of the house of representatives

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c. judiciary - chief justice of SC Case: Suplico vs Romulo
d. constitutional commissions - chairman This is on appropriation.
The rule is, any disbursement of public funds should be
-example. The budget of the military cannot be supported by an appropriation law.
transferred from one item to another, it has to be They borrowed money to be placed to the general fund for a
with the consent of the president, not in his capacity public purpose. Instead of placing it to the general fund,
as the commander in chief but his being the they applied the proceeds of the loan directly for the
president to avoid the juggling of the funds. purpose which is was made.
Can that be done?
SC said, any government expenditure without corresponding
AS TO VETOING AN APPROPRIATION BILL appropriation by congress is unconstitutional. There can be
As a GR, if the president should veto a bill, the president no dispute that the proceeds of the foreign loans whether
vetoes the entire bill except when it is an concluded or not cannot be obligated in a procurement
1. appropriation bills contract without a prior appropriation from congress.
2. revenue bills When the executive branch secures a loan to file a
3. tariff bills procurement of goods and services, the loan proceeds enter
the national treasury as part of the national funds of the
On APPROPRIATION BILL, you have to make further exception government. Congress must appropriate by law the loan
because sometimes the members of congress will insert proceeds to find the procurement of goods and services OW
subject matters that are not related to appropriation. the loan proceeds cannot be spent by the executive branch.
So then you will have to understand what is the NATURE OF When the loan falls due, congress must make another
APPROPRIATION. It primarily authorizes the disbursement of appropriation to authorize the payment of the loan of thee
funds for a specific public purpose. general funds of the national treasury.
This appropriation for the repayment of the loan is what is
But sometimes, in the guise of an appropriation bill create an covered by automatic appropriation.
office and insert that in an appropriation bill.
That is not an appropriation bill. It is just a creation of office, They were saying that in ZTE, they borrowed money but it did
the allocation of funds is merely incidental to the creation of not push through because it did push through because of
office. the controversy. They borrowed money and supposedly the
That can be vetoed by the president as an INAPPROPRIATE proceeds will be applied to the contract that they have
PROVISION. entered into with the Chinese government.
To go into short cut, they will pay it directly without putting it
So 2 EXCEPTIONS TO THE RULE THAT IF THE PRESIDENT HAS in the general funds.
TO VETO THE BILL, HE HAS TO VETO THE ENTIRE BILL: This cannot be done. Even if it is for a public purpose, there
1. appropriation bills, revenue bills, tariff bills has to be an appropriation law. That is the GR.
2. inappropriate provisions
AUTOMATIC APPROPROPRIATION
Of course with the condition that the rest of the provision What is the rule then on automatic appropriation?
of the bill can stand on their own excluding that portion that It is an exception to the loans that we borrowed where we
has been vetoed by the president. schedule the payment of the loan. There a specific amount
that you are going to pay it with.
In which case, you do not have to make a separate
appropriation for that purpose. Automatically, it will be
carried out in the next budget.
Thats automatic appropriation, as an exception to every
disbursement having an appropriation.

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POWER OF CONGRESS TO IMPOSE TAXES EDUCATIONAL PURPOSES
Except for sec 28, where tariff powers are vested in the The application of the exemption refers to non stock non
president, the congress is the one that imposes taxes. profit educational institutions that would include their
revenues. Not only the properties that they are in
WHO IS SUBJECTED possession with, including the revenues.
And as a GR, in the imposition of taxes, everybody is They are exempt from taxation for as long as it is in relation
subjected to tax except by vote of majority of the members of educational purposes.
of congress.
In contracts, you have those proprietary educational
TREATY TAX CREDITS institution, do they enjoy the same privilege as a non stock
Tax credits granted by treaty. How many votes are needed? non profit institution? Because this is the issue of some
It needs no concurrence from congress. But because it is a schools here that is for business?
treaty, it needs concurrence of 2/3 of senate. The law says, unless OW provided by law. So they may be
exempt. But our local laws are subjecting them to taxation,
TAX EXEMPTIONS ON CERTAIN INSTITUTIONS so they cannot complain.
Churches, personagesproperties that are directly, actually
and exclusively used for religious purposes and for This includes foundations that are non stock non profit, like
charitable institutions. USC foundation. They are exempt also from taxation.

Case: Lung Center vs Quezon City


Under 1973, 1987 Constitution and RA 7160, in order to be PROCEDURAL LIMITATION
entitled to exemption, petitioner is burdened to prove by Every bill must embrace one subject matter. Same thing as
unequivocal proof that it is a charitable institution and the when laws are initiated by the people on the process of
properties are actually, directly and exclusively used for initiative and referendum.
charitable institution. OW, if there will be several subject matters, that will be a
HODGE PODGE LAW and is prohibited by law and can be
EXCLUSIVELY USED prohibited by the president on the concept of
TN of the definition of EXCLUSIVE. It is defined as possessed INAPPROPRIATE PROVISIONS.
or enjoyed to the exclusion of others, barred from
participation or enjoyment. RECORDS OF THE PROCEEDING OF THE DELIBERATIONS
And exclusively is defined in a manner to exclude or enjoy the Records of the proceeding of the deliberations:
privilege exclusively. 1. journal
The words DOMINANT USE and PRINCIPAL USE cannot be 2. enrolled bill
substituted for the words used exclusively without doing
violence to the constitution and the law. Which of these two will prevail in case of conflict?
SOLELY is synonymous to the word exclusively. What is their probative value?
ENROLLED BILL is the certified and authenticated version of
Case: Lung Center vs Quezon City the bill that is signed by the president before becoming a
Part of its property was for charitable purposes for free for law.
indigent purposes. But there is a part of a property which After both houses through their respective heads certify
they had for a fee. So those who are well off enough to pay that that is their version, it will be enrolled. It will be
for fees will pay. authenticated by the president of the senate and the
They are now asking for exemption because they are taxed speaker of the house of representative and signed by the
for the income that they derived, and on the property as president.
well because it was with a fee. They say that this institution In case there is a conflict and a question on what is the
is principally a charitable institution. version of the law, the enrolled bill is conclusive upon the
SC said, that would not mean exclusive. So there is the courts as to the contents, the tenor of the legislative
definition of exclusive use there. proposal.
Should they think that it is actually not the version that
both houses intended, then they need to amend it. They
What else are exempted? cannot just set aside the enrolled bill. So far as the court is
1. religious purposes concerned, it is conclusive
2. educational purposes

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What if it conflict with the journal? ARTICLE VII - EXECUTIVE DEPARTMENT
The JOURNAL is required by the constitution to be kept by
the secretary of each house in order to contain the EXECUTIVE POWER
following: It is vested in the president.
1. veto message of the president
2. voting of both houses overriding the veto Some powers that are not assigned either to the legislative or
3. yeas and nays of the members of both houses in the the judiciary, the power is vested on the president being the
passing of the bill chief executive.
4. yeas and nays requested by 1/5 of the members of the This is what we call the RESIDUAL POWER OF THE PRESIDENT
house to be entered in the journal
Insofar as those information are concerned, they are Example.
conclusive upon the courts. So you must know what are DETERMINE WHO IS ALLOWED TO ENTER COUNRTY
these information that need to be entered in the journal. On the matter of determination who is allowed to enter the
country. (Marcos vs Maglanos)
In case of conflict of the voting, the journal always prevails.
If you go by the matter WON the bill is valid in its content PRESIDENTIAL IMMUNITY
or tenor, you have to go by the enrolled bill. On the enjoyment of the president of immunity.
On the presidential immunity, this is only available to the
Case: Abakada Guro Party list vs Ermita, Oct 18, 2005 president during his incumbency. This is not an express grant
The signing of the bill by speaker of the house and the of the constitution. This is jurisprudential. IOW by the
president of the senate and the certification of the decisions of the SC that this power of immunity from suit is
secretaries of both houses of congress that it was passed are enjoyed by the president.
conclusive of its due enactment. With the enjoyment of this immunity, TN of the cases of:

Case: Pons vs US Case: Estrada vs Disierto


This about the substances. Estrada was saying that he is still the president and
This is important. One, as regards to the conclusiveness of therefore he should still continue to enjoy the immunity and
the journal, and the another one is the conclusiveness of the thus he cannot be prosecuted in SB.
enrolled bill. SC said that in as much as he is already considered
This has something to do with the time when the bill was resigned, he is no longer the president. And not being the
passed because there was an allegation that the bill was president anymore, he can no longer invoke the immunity.
signed after the term of office of the office. IOW he can now be prosecuted in any court of law because
But it was stated in the journal that it was passed before 12 such is CONCURRENT ONLY TO HIS TENURE, not to his term.
midnight. The TENURE means the period which he actually holds
So which two will prevail as far as the court is concerned? office.
It should be the journal because according to the SC, the The TERM is a period which he is to hold office as a matter
memory of man may fail but definitely what was recorded in of right.
the journal. And it is inclusive upon the courts because the
courts must accord respect to the two branches of the Case: Romualdez vs Sandiganbayan
government, having these records prepared by co-equal SC said that the executive immunity applies only during the
braches of government which is congress. incumbency of the president.

Case: David et al vs Arroyo


SEC 32 Arroyo was dropped from that case.
SECTION 32. The Congress shall, as early as possible, provide for a system of SC said it is not proper to implead Arroyo as respondent.
initiative and referendum, and the exceptions therefrom, whereby the
Settled is the doctrine that the president during his tenure
people can directly propose and enact laws or approve or reject any act or
law or part thereof passed by the Congress or local legislative body after the of office or actual incumbency may not be sued in any civil
registration of a petition therefor signed by at least ten per centum of the or criminal case, and there is no need to provide for it in the
total number of registered voters, of which every legislative district must be constitution.
represented by at least three per centum of the registered voters thereof.

Case: Soloven vs Macasial


INITIATIVE AND REFERENDUM They moved for the dismissal of the case filed against them
by President Aquino, invoking immunity from suit. They are
saying that when you can sue us, we cannot file a
countersuit against you because of immunity from suit. And

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CONSTITUTIONAL LAW
Kwin
thus they moved for the dismissal of the case. MANNER OF ELECTION
TN this can only be invoked by the president. It is personal PRESIDENT
to the president. So it is up to the president to invoke it or How are they chosen?
waive that right. They are chosen by direct votes.
So when the president files a case against a private
individual, president is considered to have impliedly waived BOARD OF CANVASSERS
his immunity. Who canvass the election returns from the different
But its up to the president. It cannot be used as a defense provinces and cities? Who serves as the board of
on the part of the person being sued by the president canvassers?
The congress. The congress cannot delegate that to
IMMUNITY FROM SUIT IS PERSONAL TO THE PRESIDENT Comelec. It is directly transmitted to congress.
TN immunity from suit is personal to the president. It cannot But they can conduct a joint committee to authenticate the
be invoked under qualified political agency by the alter egos election returns that have been submitted. But I dont think
of the president. This cannot be delegated to the different that is now a controversial thing now that we are
secretaries of the different departments. automated.

Case: Secretary Gloria Arroyo Still it is the congress that will canvass and thereafter they are
She invoked immunity from suit being the secretary of the going to make a proclamation.
Department of Education.
SC said that it is not extended to the cabinet members. BTW, remember that during the election time, usually, the
This is only personal to the president. term of office of the members are already expiring except
for the 12 senators whose term of office have not already
QUALIFICATIONS expired yet.
1. natural born Is it not that they adjourn sine die? What is adjournment sine
2. resident of Philippines for 10 years immediately preceding die?
the election When they adjourn as a legislative body. Meaning, in the
3. 40 years on the days of election matter of law making.
4. citizen before assuming office Elections are held every 2nd Sunday of May. Before an
election is made, they adjourn sine die. This is without
TERM prejudice to continuing their session not as a legislative body
PRESIDENT but as to perform other functions vested in them or
6 years conferred upon them by the constitution such as the
Unless OW provided by law canvassing of votes for president and VP.
This is a function that they can be compelled to stay in
Term begins at noon of Jun 30 following the election. session and attending and performing the function
notwithstanding that they have already adjourned insofar as
When we say, unless OW provided by law, can his term of being a legislative body.
office be extended? So they adjourn as a legislative body insofar as lawmaking
No. It refers to the commencement of his term of office. It but not insofar as performing functions that are required of
could be other than June 30 following the day of election. them by the constitution such as acting as the board of
canvassers.
VICE PRESIDENT
6 years but in no case for 2 successive terms. PROCLAMATION
So he can serve for more than 12 years as long as it is not Then they have to vote. To proclaim, they have to have
successive. majority votes in a joint session voting separately.

Can the VP who assumes the presidency run again as DEADLOCK


president after the expiration of his term? In case there would be a deadlock or a tie, they have to break
It depends. the tie with majority of both houses.
If he had served for more than four years in the office of his
predecessor, he is disqualified. ELECTION CONTEST OR PROTEST
If 4 years or less, he can still run as president. In the mean time, any election contest or protest, where is it
filed?
You have the PET Presidential Electoral Tribunal.

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PET PRESIDENTIAL ELECTORAL TRIBUNAL Case: Legarda vs de Castro
It is the SC acting as the PET. She also filed an election protest against de Castro. After
When the law grants the SC the power to resolve an election that, she ran for election to the senate.
contest between and among the presidential candidates, no SC said that Legarda has effectively abandoned or
new or separate court is created. withdrawn her protest when she ran for senate which
The law merely conferred upon the SC the functions of the coincides with the term of vice presidency.
PET.

NO PRE PROCLAMATION CONTEST Case: Estrada


There is no pre proclamation contest with regards to In the case of Estrada running again as president. Supposedly
president and VP. 6 years without reelection. So meaning, you have to finish
the term in 6 years.
WHO MAY BE PROTESTANT Because it did it say: voluntary renunciation is considered an
Who may be a protestant in a presidential election? interruption of the continuity of the term of office like in
Case: Poe the case of members of congress.
Only a real party in interest may be a protestant. So, the presume that the president in order to be disqualified
A real party in interest are only the two persons, the to run for election, he will have to finish the 6 years term.
second and third placers only.
The rule makes in effect determine the real party in This is not being made clear, because eventually, what if for
interest concerning an on going election contest. example, you are being impeached, on the second year of
Envision the scenario where if the declared voter have not his term, can he run for presidency on the next election? It is
been truly voted upon by the electorate, the candidate who not voluntary?
received the second or third highest number of votes would It case of resignation it is voluntary
be the legitimate beneficiary in the successful election
contest. It is rather confusing because the law is very clear, 6 years
without reelection.
Case: Tecson vs Comelec Adding to the confusion is Estrada running for reelection. His
The actions contemplated in sec 4 art 7 of the constitution theory is he is qualified because he had not finished his
are post election remedies, namely: term.
1. regular election contest Anyhow, there is no decision on that by the SC.
2. quo warranto

The word contest means that the jurisdiction of the SC may


only be invoked after the election and proclamation of the
VP or president. There can be no contest before a winner is
proclaimed.

EFFECT IF PROTESTANT REASSUMES OFFICE


What will happen if the protestant reassumes his office?
Case: Santiago
Santiago ran as president. She was not able to get the
result of the contest, she went back to her being a senator.
For those who will run as president, they are not
considered resigned. They can go back to their position so
long as the term did not expire.
What was the effect on the election protest?
SC said, in assuming the office of the senator, President
Santiago has effectively abandoned or withdrawn her
protest to the election protestee. Case is dismissed.

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FILLING UP OF THE VACANCY understanding is PHYSICAL DISABILITY.
It may occur at the beginning of the term or during the term
of the president or VP. 3. RESIGNATION
This is defined in the case of:
BEFORE ASSUMPTION - DEATH Case: Estrada vs Disierto
If it occurs before the term or even before the president No formal process is required like when you have to tender
assumes office, he died or he suffered permanent disability, a resignation letter. For as long as there is a manifestation of
the VP becomes the president. the relinquishment of the power and the act is more to the
If there is no VP, then it would be the president of the senate, relinquishment by abandoning physically the office that he is
the speaker of the house of representatives, in that order abandoning, that is already considered as resignation.
acting as the president in the mean time until the VP has There were enumerated manifestations of the act of
succeeded, qualified or chosen. relinquishment of the power which the SC has concluded
that indeed, he has resigned.
BEFORE ASSUMPTION FAILED TO QUALIFY OR NONE
CHOSEN 4. IMPEACHMENT
If at the beginning of the term, the president failed to qualify, The president can only be removed through impeachment.
then the president or the senate shall act as the president. Because he is the president, you have the initiation by the
Or if no president has been chosen, then the president of the house of representatives, and then you have the senate
senate or the speaker of the house of representatives, in acting as the tribunal.
that order will be acting as the president. You will have the chief justice of SC as the presiding officer.
In the absence of the speaker, they will have to convene and
provide for a law that will serve to provide the manner of How about the VP? Same manner in creating a vacancy in
succession who shall be acting as the president in the the office of the VP.
mean time the elect president has not yet been chosen or 1. death
failed to qualify. 2. permanent disability
3. resignation
WHEN THERE IS ASSUMPTION 4. impeachment
During this time, the term of the president, you go into the
succession, only when there is permanent vacancy caused Insofar as the VP is concerned, the one who is going to
by: preside the impeachment proceedings in the senate will be
1. death the president of the senate.
2. permanent disability
3. resignation SUCCESSION DUE TO VACANCY OF PRESIDENT
4. impeachment In case a vacancy occurs, there will be the succession. The VP
shall become the new president by operation of law.
2. PERMANENT DISABILITY In the absence of the VP, you will have the president of the
In the case of PERMANENT DISABILITY, should it always be senate o act until the election shall be held. Or you have the
physical? speaker.
What about FUNCTIONAL DISABILITY? Meaning you cannot But TN in the absence of either, congress will meet and
anymore function effectively as a president because you do provide for the manner of succession. Here, they will call for
not have anymore the support of your cabinet, AFP or LGUs. a special election.
No special election however will be called unless the vacancy
Case: Estrada occurs within 18 months before the next regular election.
It is not so much on the resignation but on the functional
disability of the president. Virtually, he was a laying duck SUCCESSION DUE TO VACANCY OF VP
because he cannot command anymore the leadership The president nominates and the members of congress shall
insofar as the government is concerned because he lost the vote by majority votes, voting separately.
support of the key officials of the government especially the There will be no special election.
support from the AFP.
That has to be defined by the SC because it was a mere Special election will be held when both offices of the
opinion of one of the justices. president and VP are vacant.

The permanent disability as has been ventured in its


definition by the definition of one of the justices, perhaps it
could also include functional disability. But the

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TEMPORARY DISABILITY OF THE PRESIDENT DISQUALIFICATION OF THE PRESIDENTAND VP AND
There is a discussion on the temporary disability in the case MEMBERS OF CABINET
of: 1. prohibited from holding any office or employment during
Estrada vs Disierto their tenure, either government or private
In the determination WON there is a conflict between the -unless OW provided by the constitution or by law
presidents pronouncements and that of the majority of his a. VP may also be appointed as a cabinet secretary
cabinet, it will be for congress to decide, WON indeed the -does not require confirmation of Commission on
president suffers temporary disability in order to have the Appointments
VP to take over and act as the president. b. Secretary of Justice is an ex officio member of judicial and
bar council
VOTES REQUIRED TO DECLARE TEMPORARY DISABILITY -does not require confirmation of Commission on
How many votes are needed to declare the temporary Appointments
disability on the part of the president? c. when they hold office in a capacity of ex officio
2/3 votes voting separately. -do not receive salary or emoluments
-ex. Secretary of Finance at the same time Head of the
It is only when on the second time that the majority of the Monetary Board
cabinet will declare that the president to be under
temporary disability. 2. prohibited from practicing profession directly or indirectly
during their tenure
INITIATIVE OF DECLARATION OF TEMPORARY DISABILITY
So the declaration of temporary disability could either be by 3. cannot participate in any business
the initiative of:
1. the president himself informing congress that he is under 4. cannot be financially interested in any contract or any
temporary disability franchise or any special privilege that may be granted by any
2. the majority of its cabinet subdivision of the government, agency including GOCC

INITIATIVE OF MAJORITY OF CABINET MEMBERS 5. cannot appoint spouse of president and relatives within the
This can be protested by the president. And the moment the fourth civil degree either by consanguinity or by affinity to be
president contradicts that, then he can reassume the the head of the Constitutional Commission or the
functions of the president. commissioner of COA, Civil Service or Comelec
Then the cabinet again can go back to congress and tell then
that indeed the president is in temporary disability. 6. cannot appoint the spouse to be the ombudsman or
The second time that they will do that, then congress has to secretary of any of the department under the executive
decide. branch or undersecretary or chairman of bureaus or offices
And the matter of declaring temporary disability is including GOCCs and their subsidiary
discretionary of congress. Not even the SC can interfere.
NO PROHIBITION ON THE APPOINTMENT OF SPOUSE
Case: Estrada vs Disierto Can the spouse be appointed as chief justice of SC or to be an
The question whether there is temporary disability of Estrada ambassador or consul?
is a political question beyond SCs power of review. Yes. There is no prohibition.
The decision that President Arroyo is a de jure president,
made by a co-equal branch of government cannot be If the spouse is already in office before he was elected as
reviewed by the SC because that is discretionary of the SC. president, can she continue?
Yes. What is prohibited is the appointment or the
DECALARTION OF TEMPORARY DISABILITY reappointment of that spouse or relative to those positions I
In relation to this, you have also the requirement that while have enumerated within or during his tenure.
the president is ill, it has to be declared and the public has to
be informed about it.

ACCESS TO PRESIDENT DURING ILLNESS


And during the illness of the president, who has access to the
president?
1. national security adviser
2. secretary of foreign affairs
3. chief of staff of AFP

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APPOINTMENT POWER OF THE PRESIDENT -they have filed cases in the SC right now. SC will still
Being the chief executive, by nature, appointing power is decide on the issue of the presidents disciplining the
vested in the president. deputy ombudsman being the appointing authority.

What are the different kinds of appointments? c. regular members of the judicial and bar council
1. heads of executive departments d. sectoral representative in congress before the party list
system
2. ambassadors and public ministers and consuls
5. judges of the judiciary
3. officers of AFP -but the president cannot remove them.
-excluding those that are no longer part of AFP: -to maintain independence of SC, only SC can remove
a. PNP judges
b. Philippine Coast Guard
6. all other officers whose appointments are not provided by
4. other officers whose appointment is vested in him by the law and those who may be authorized by law to appoint
constitution like: -if there is no law providing who the appointing authority,
a. chairman and commissioners of it is understood that the president makes the president
1. Civil Service because the appointing power by its nature is executive.
2. Comelec -or those laws that specifically provide that they are subject
3. COA to the appointment of the president.
b. ombudsman and his deputies -because there are certain appointments that are not made
-controversy: by the president, like:
-4 deputy ombudsman: a. personnel in congress
1. Luzon b. staff and employees in judiciary
2. Visayas -only the judges and up are appointed by the president
3. Mindanao
4. Military
-it is only under this administration that they went into
the matter of removing them or investigation them.
You also include the special prosecutor who is being
placed under preventive suspension. The deputy
ombudsman for the military has already been
dismissed from service.
-the ombudsman, while he is appointed by the
president, cannot be removed by the president. He is
only removable by impeachment.
-the law however is very clear as to who are the
impeachable officials: those who are not included in
the list are excluded. Therefore, that excludes the
deputy ombudsman.
-who can discipline them? From the previous
understanding, they can only be disciplined by the
office of the ombudsman to maintain the
independence of ombudsman. They have this
committee that investigates deputy ombudsman who
has been charged administratively.
-it is only under this administration where the
president has conducted investigation, and we already
have and example of Gonzales having been dismissed
from the service in relation to that incident that had
happened in Luneta, where there was the holding
hostage of some Chinese tourists in the country. We
also have the preventive suspension of the special
prosecutor, who has the same rank of the deputy
ombudsman.

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LIMITATIONS OF APPOINTMENT REGULAR APPOINTMENT
1. CONFIRMATION OF CoA It is made by the president while congress is in session.
The first four appointments that we have mentioned are TN that CoA cannot act if the congress is not in session.
subject to the confirmation of the Commission of The president has to submit the nomination to the CoA.
Appointments. If the CoA disapproves, then he cannot renominate the same
candidate.
KINDS OF APPOINTMENTS If the CoA approves, then the appointment takes effect upon
TN of the different kinds of appointments relating to this, confirmation.
insofar as confirmation: If the CoA does not act on it within 30 days, then it is good as
1. permanent by passed. The president can still renominate the same
2. temporary candidate.

1. regular AD INTERIM APPOINTMENT


2. ad interim It is made by the president while congress is not in session,
therefore CoA is not in session.
PERMANENT APPOINTMENT It is effective immediately upon qualification of the
If the appointment is permanent, and congress is in session, appointee. And it is permanent.
the process is like this: However, it will last only until it is disapproved by the CoA
The president nominates, and then the CoA supposedly upon the resumption of the session.
should act in it within 30 days. If it is not confirmed, then it shall last only until the next
adjournment of congress. So there is a limit on its duration
If the CoA confirms the nomination, then the president although it is permanent.
issues what they call, COMMISSION. And thereafter the
appointee accepts the appointment and assumes office. Can the same candidate be renominated after the expiration
of the appointment because it was not confirmed even after
If the CoA disapproves, then the president cannot the adjournment of congress?
renominate the same candidate. YES. It is only when it is disapproved when he cannot be
Can the appointee return to the previous position he was renominited.
occupying before the nomination of the president? YES.
Cen he be renominated? NO. Even if there is a prohibition on reappointment in the case of
Constitutional Commissioners of COA, Civil Service or
If the CoA does not act on the nomination within 30 days Comelec?
from submission, then the nomination is as good as by YES. Because the prohibition against reappointment as to
passed. the officers I have mentioned applies only to regular
Can the appointee return to the previous position he was appointment, not interim appointment.
occupying before the nomination of the president? YES.
Cen he be renominated? YES. Case: Matibag vs Beripayo
Because his removal or separation of office shall take effect Case: Binamira vs Garucho
only upon confirmation. SC said, an ad interim appointment is a permanent
appointment because it takes effect immediately and can no
longer be withdrawn by the president once an appointee is
TEMPORARY APPOINTMENT qualified into office.
Even a temporary appointment or a mere designation, does The fact that it is subject to confirmation by the CoA, does
that require confirmation by the CA? Assuming it refers to not alter its permanent character.
heads of executive department, officers of AFP, consul, etc It is effective until disapproved by the CoA or until the next
If its only temporary or in acting capacity, or its a mere adjournment of congress.
designation (additional functions to the regular function), It is extended only during the recess of congress.
that would not require confirmation by the CoA. If it is disapproved by CoA, appointing can no longer
Acting appointment can be made even if congress is in extended in the new appointment.
session because it does not anyway require confirmation by If by passed, the president is free to renew the ad interim
the CoA. appointment.

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CONSTITUTIONAL LAW
Kwin
Case: Pimentel vs Executive Secreatry Had the framers intended top extend the prohibition
The law allows the president top make such acting contained in sec 15 art 7 to the appointment of members of
appointment. The president may even appoint in acting the SC they should have explicitly done so.
capacity a person not in the government service as long as
the president deemed that person competent. We explain. As provided in the constitution, how do you fill
Acting appointment is temporary in nature. It is intended to up the vacancy in the office in the SC? It has to be filled up
fill up an office for a limited time until the appointment of within how long?
permanent occupant to the office. 90 days from the occurrence of the vacancy.
In case of vacancy in an office occupied by an alter ego of Unlike the rest of the courts in the judiciary, the filling up of
her choice as acting secretary before the permanent the judiciary is only within 90 days from the submission of
appointee of her choice and assume office, it may be the list of nominees.
extended anytime there is vacancy even while congress is in Insofar as the SC is concerned, within 90 days from the
session. occurrence of the vacancy that they will fill up.

If they have to wait for the new president to be elected, they


2. LIMITATION ON MIDNIGHT APPOINTMENT are saying that they might violate the provisions of the
This was a controversy last year because of the appointment constitution which is mandatory.
of the chief justice of SC. Whereas for the rest of the judiciary, in the case of
Valenzuela, on why the prohibition applies to the judiciary
The president cannot make appointments because it is because after all, the appointments can be made within 90
prohibited within 2 months immediately preceding a regular days from the submission of the list.
election of the president.
So it may run conflict with the provision of the SC.
So TN of the following cases: Thats why according to SC, if this applies to all, then hey
Case: De Castro vs JBC Castro vs JBC should have specified. But they did not. So still they
Case: Serrano vs JBC Soriano vs JBC maintain SC is not subject to that prohibition on
Case: Reconza vs JBC appointment.
So the appointment of Chief Justice Corona was sustained as
TN of the reapplication of sec 15 art 7 of the Constitution to to its propriety and validity.
appointments of the judiciary.
Because in the law, particularly of sec 15, art 7, that in Because if you ask about independence, because they have
reference to appointment of officers (no distinction), for a s this political prejudice already as to the appointing
ling as it is within the presidents power to appoint; except authority. Supposedly, whoever is appointed after being
when the continued vacancy would cause prejudice to public appointed, should remain independent as required by the
service, then he may appoint temporarily the executive constitution.
officers to offices in the executive department. So all the more, they should not be afraid of the SC being bias
Does this apply to the judiciary? against the next administration because it is so established
In these cases, SC said, the prohibition under art 7 sec 15 of to be independent from the two other branches of the
the constitution against presidential appointments government.
immediately before the next presidential election and up to The only thing is that they cannot remove the personal
the end of the term of the outgoing president does not sentiments of people from what is supposedly provided by
apply to the vacancies in the high tribunal, meaning the SC. law.

Although we have the case of:


Case: Valenzuela NOT APPLICABLE TO LOCAL EXECUTIVES
Where SC said that it applies to the judiciary came to hold Election ban. Only presidential election is covered in the
that the prohibition covered in judicial departments, it prohibition. This does not apply to appointments made by
cannot be disputed that the ___ dictum did not firmly rest local executives.
on the deliberation of Constitutional commission. Therefore, in the local level, they can make midnight
Thereby, the confirmation made to the JBC by then Senior appointments.
Justice Florence Regalado of this court, a former member of
the Constitutional Commission, about the prohibition not
being intended to apply to the appointments to the judiciary
which confirmation Valenzuela even expressly mentioned
should prevail.

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CONSTITUTIONAL LAW
Kwin
POWER OF CONTROL AND SUPERVISION BY THE PRESIDENT Case: Malaria
CONTROL VS SUPERVISIONS Malaria Employees and Workers Association of the Phils.
C: -when the president nullify, alter or set aside what a Inc. were some of the functions the DOH have been
subordinate officer has done in the performance of his transferred.
duties and to substitute the judgment of the officer or SC said that the president has the authority to carry out the
subordinate reorganization of the DOH under the constitution and
statutory laws.
S: -merely overseeing over the acts of the public officer. This authority is an adjunct of his power to control under
The president cannot alter or nullify the same except art 7 sec 1 and 17 of the 1987 constitution.
when they are contrary to law. The presidents power to reorganize the executive branch
-its more on overseeing the acts of officer rather than is also an exercise of his residual power, which grants the
the actor president broad organizational power to implement the
reorganization measures. Be that as it may, the president
EXAMPLE must exercise good faith in carrying out the reorganization
C: -control over executive department of any branch or agency of the executive department.
S: -supervision over local governments
Case:
REORGANIZATION OF OFFICES SC said the control of the organization of the national
In relation of the power of control of the president over the government and agencies may include the power
different departments, bureaus and agency under the 1. to group, consolidate bureaus and agencies
executive branch or office of the president, TN of presidents 2. to abolish offices to transfer functions
REORGANIZATION OF OFFICES which may include even 3. to transfer functions
1. the transfer of functions from one department to another 4. to create and classify functions, services and activities
2. the merger of offices under the executive branch 5. to standardize salaries and materials
3. the abolition of offices in the executive branch
The validity of the laws are unquestionable. The 1987
Case: Buklod vs Zamora constitution clearly provides that all laws, decrees, executive
This was the deactivation of the EIIB because some of the orders and proclamations, letters of instructions and other
functions were already performed by the other offices of the executive instruments not inconsistent with the constitution
government. Some of the personnel were transferred shall remain operative.
offices. And those who cannot be transferred lost their job.
Thus the question of the authority of the president to do Case: Domingo vs Zamora
that because virtually it abolished EIIB. According to them The presidents power to reorganize offices outside of the
only congress that created the office can do that. office of the president proper is limited. Merely transferring
But SC said that GR has been the power to abolish the functions or agencies from the office of the president to the
public office is dislodged with the legislature. The exception departments or agencies and vice versa.
however is that as far as bureaus, agencies or offices in the In DECS, it is now DoE. What happened to Culture and
executive department is concerned, the presidents power Sports? The functions have been transferred to the
of control may justify him to inactivate the power and Philippine Sports Commission. It was removed. It is now
functions of an office or certain laws may grant him broad attached to the office of the president.
authorities to carry out the reorganization measures.
The chief executive under our laws has the continuing
See section 16.
authority to reorganize the administrative structure of the
office of the president. Beraugo vs Truth Commission
TN only the office of the president or the executive office
proper.

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CONSTITUTIONAL LAW
Kwin
QUALIFIED POLITICAL AGENCY DOCTRINE There are certain constitutional powers and prerogatives of
TN as regard of the power of control is the QUALIFIED the chief executive of the nation which must be exercised by
POLITICAL AGENCY DOCTRINE. him in person and no amount of approval or ratification will
That power of control of the president is delegated to the validate the exercise of any of those powers by any person;
different secretaries of the different departments as adjunct such for instance is the power:
to the office of the president, or acting as alter egos of the a. to suspend the writ of habeas corpus
president. b. to proclaim martial law
They perform the function and they are considered as the c. to the exercise of the divine prerogative of mercy (pardon)
functions being performed by the president himself unless These distinctions hold true to this day. There are certain
the acts are disapproved or repropriated by the president or presidential powers which arise out of exceptional
if the president is require to act in person by law or by the circumstances and if exercised would involve the suspension
constitution. of fundamental freedoms or at least called for the
This is important; that while we have this qualified political supercedence of executive prerogative over those exercised
agency which practically makes the act of the secretary as by co-equal branches.
the act of the president; precisely in the exhaustion of The declaration of martial law, the suspension of privilege
administrative remedies, the moment it is decided by the of the writ of habeas corpus, the exercise of the pardoning
secretary of the department, you need not go to the power notwithstanding judicial determination of the
president because the act of the secretary has exhausted accused; all fall within the special class and demands for the
the administrative remedy, you can now go to the courts; as exclusive exercise by the president of the constitutionally
an exception to exhaustion of administrative remedies. vested power.
It is by no means exclusive. But there must be showing that
NON DELIGABLE ACTS the executive power in question is ofsida gravitas and
TN however that there are certain acts that cannot be exceptional import.
delegated to a delegate such a secretary of a department. So
that even if it is acted upon by the secretary, that is not SC said, we cannot conclude that the power of the
considered as an act of the president. president to contract or guaranty foreign debts falls within
Even if ratified by the president, still, it cannot be considered the same exceptional class.
as final. Still, it has to be acted upon by the president Indubitably, the exception to contract and guaranty foreign
himself. debts is a vital public interest but only akin to any
contractual obligation undertaken by the sovereign, which
What are these functions? arises not from the extraordinary incident but from the
1. residual power of immunity from suit established functions of the governance.
-this cannot be also enjoyed by an alter ego IOW this power can be delegated. And it can be performed
2. declaration of martial law by an alter ego even without prior approval b ythe
3. suspension of the privilege of the writ of habeas corpus president.
4. pardoning power of the president It is considered an act of the president unless it is
-this is the grant of pardons, commutations, reprieves, and disapproved or reprobated.
remissions of fines and forfeitures

Case: Constantino vs Gizia


What about the president, through the BSP contracting
foreign loans? Does that need the presidents action
personally? Can that be delegated to the president of BSP?
SC said, on the question on WON BSP can enter into
contracts the matter of entering of treaty and agreements
is a function of the president.
SC said, nevertheless, there are powers vested on the
president by the Constitution which may not be delegated to
or exercised by an agent or alter ego of the president.

Justice Laurel in his ponencia in Guillena made this clear;


the argument of ratification may seem plausible under the
circumstances concerned which by some certain acts which
by their nature cannot be validated by subsequent approval
or ratification by the president.

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CONSTITUTIONAL LAW
Kwin
COMMANDER IN CHIEF POWERS OF THE PRESIDENT
POWERS LENGTH OF DETENTION
What are the powers? For how long can you be detained where the court cannot
1. call out AFP (cannot decipher) interfere into the detention after a warrantless arrest
-the power to call out the AFP to prevent or suppress pursuant to the suspension of the writ of habeas corpus?
lawless violation, invasion or rebellion You cannot be detained for more than 72 hours, unless you
2. suspend writ of habeas corpus are judicially charged.
3. proclaim a state of martial law
4. control the acts of the AFP -RIGHT TO BAIL
And the right to bail is still available unless it is not bailable,
POWER TO CALL OUT AFP like coup d etat.
This is the power to call out the AFP to prevent or suppress Of course this is without prejudice to hearing. Because
lawless violation, invasion or rebellion. there are two requisites to deny you of your right to bail:
It is not subject to judicial review. It is discretionary of the 1. charged with capital offense
president. 2. evidence of guilt is strong
He doesnt have to report to congress, unlike the suspension
of the writ of habeas corpus or the declaration of martial
law, where there are constitutional limitations. POWER TO CONTROL THE ACTS OF THE AFP
1. APPERANCE IN LEGISLATIVE INQUIRY
CONSTITUTIONAL LIMITATIONS OF SUSPENSION OF WRIT OF Prohibiting them from appearing in any legislative inquiry.
HABEAS CORPUS AND PROCLAMATION OF STATE OF Executive privilege has nothing to do with it. It is part of the
MARTIAL LAW presidents power as the commanding in chief.
REQUISITES
Only two requisites: 2. CHAIN OF COMMAND
1. invasion or rebellion, AND Prohibiting members of AFP to freely say what they want to
2. public safety requires it say or go wherever they want to go. They have to follow the
chain of command.
Invasion or rebellion must be actual and not merely So obey first before you complain. That is the structure of
imminent. the military.
OW should they refuse, they can be court martialed. In
EXPIRATION which case, the decision of that tribunal is subject to appeal
On 60 days, automatically it is lifted by operation of law upon not to any civilian court but to the resident in his capacity of
the expiration of the period unless it is revoked earlier or if commander in chief of AFP.
not it is extended by congress by majority votes in a joint
session voting jointly. (!this is one of the exceptions where DECALARTION OF NATIONAL EMERGENCY
the houses vote jointly!) Another point you should TN being the commander in chief,
The president cannot set it aside neither can it be reviewed the president can declare a state of national emergency, or
by SC. state of rebellion.
TN of cases:
REPORT TO CONGRESS Lacson vs Perez,
Then the president has to report to congress within 48 hours Sanlakas vs Executive Committee,
from the declaration of suspension. He must submit a repot Integrated Bar of the Philippines
to congress. David et al vs Executive Secretary
The purpose of the report is for the congress to determine
whether it should be revoked. DECALARATION OF WAR
Of course the president as the commander in chief can
declare war.
But there has to be determination of state of war. This is for
Culayan vs Tan jul 3, 2012 the purpose of granting emergency power.
WON there is a declaration of a state of war, the president
can declare war if indeed there is war.

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CONSTITUTIONAL LAW
Kwin
SEC 19 EXECUTIVE CLEMENCY term of imprisonment, it is still relevant.
Grant of: LIMITATIONS ON THE GRANT OF PARDON
1. Pardon 1. cannot be granted to someone who is convicted of
2. Amnesty impeachment
3. Reprieve
4. Commutations 2. not apply to employees of the judiciary including the
5. Remittance of fines and forfeitures judges
-because the discipline of judges and employees of the
GRANT OF PARDON judiciary are exclusive to the SC.
Usually this is granted to persons or accused who are charged
with ordinary offenses whether criminal or administrative in 3. not granted to persons convicted of election offenses
nature -unless there is favorable recommendation from the
It can only be granted when the judgment of conviction has Comelec
become final and executory.
4. not granted to one who is cited for contempt in a
EFFECT OF GRANT legislative inquiry
What will be effect of granted?
He will be relieved of further punishment. 5. not granted to one who is cited for contempt in civil cases
Meaning, if convicted and the judgment of conviction has and court proceedings
become final and executory, even if he has served it already,
still he can be granted pardon because that will relieve him PARDON WITHOUT CONCURRENCE FINAL AND EXECUTORY
of further punishment. In pardon granted by the president, without concurrence of
So he need not serve his remaining years if there is still a congress, that is final and executory, not subject to review
number of years that he has to serve as part of his sentence. non appealable.
That is discretionary in the president. It is non appealable.
KINDS OF PARDON The moment it is granted, it cannot be appealed unless
The moment he is granted pardon, it could either be absolute there is a grave abuse of discretion.
or conditional.
ABSOLUTE, WON it will be accepted by the pardonee, it Executive Clemency:
doesnt matter. 1) Pardon - granted to a convict charged with ordinary offense;
CONDITIONAL, that requires the consent of the pardonee penalty excused but criminal record remains; final and
because it can be more burdensome on his part. non-appealable; may be absolute or conditional; could be by
the Court if with recomm of the Comelec
GRANT IN ADMINISTRATIVE CASES 2) Amnesty -
What is the effect of grant of pardon in administrative cases? 3) Reprieve - postponement of death penalty at prerogative of
Would it reinstate him? the Pres; could be granted by Court
That depends on the nature of pardon that may be granted 4) Commutation of penalty - reduction of penalty to next lower
by the president. degree
The president has to specify that it is including his 5) Remittance of fines and forefeitures
reinstatement in office.
6) Probation - granted by the court upon recomm of Ofc of
probation and parole
EFFECT ON FULLY SERVED SENTENCE
This may also be served to persons who have fully served his
sentence because there are some cases where you have
conviction for more than 2 years of imprisonment or when
you are dismissed from the service.
There are accessory penalties included in the penalty or
sentence.
Like the forfeiture of your:
Right to vote
Parental authority over children
Administration over conjugal property
Right to run for public office.

If it is absolute pardon and you have already served your

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CONSTITUTIONAL LAW
Kwin
GRANT OF AMNESTY GRANT OF REPRIEVE
It is a pardon granted by the president however with the It is a matter of postponing the execution of death penalty to
concurrence of the majority of the members of congress. another day or the execution of his sentence.
Without the concurrence of congress, the president cannot
grant amnesty. Case: Echegaray
It was the SC who issued the injunction to suspend the
This is relevant to the amnesty granted to the mutineers execution of death penalty of Echegaray.
including Trillanes. They were questioning SC because the power of reprieve is
vested only in the president.
Usually this is granted to a group of individuals or individual The justification of SC that they are never precluded form
belonging to a group charged with political offenses. And looking in to the case again specially when it is the life of the
this can only be granted with the concurrence of congress. person that is at stake. Just because the judgment has
TN this can be granted before or after conviction. become final and executory, they are not deprived of
IOW before he is tried in court, the president can grant him control over the judgment. They have the duty to protect
amnesty. Unlike in pardon, it can only be granted by the the fundamental rights of an individual, as emphasized in a
president when the judgment of conviction becomes final law particularly section 15 regarding the rules for the
and executory. protection of fundamental rights of individuals.

Case: Estrada If in fact there is a pending bill repealing the death penalty,
What was granted to Estrada was not amnesty. It was what will be the effect?
pardon. Thats why he had to withdraw his motion for It will be applied retroactively because it is beneficial to the
reconsideration to make the judgment final and executory accused. His penalty will be commuted from death to life
to qualify him to pardon. imprisonment.

AMNESTY GRANTED TO MUTINERS


Case: Capuna jr vs CA
This was during the time of Ramos, the grant of amnesty to GRANT OF COMMUTATION
those people who staged a coup d etat including Honasan. The grant of commutation of penalty is simply to reduce the
This is about Proclamation no 347 that was issued by Ramos. penalty to a degree or 2 degrees lower depending on the
This is supposed to be granted to former NPAs, the rebels. circumstances.
So they were asking if it would apply to the rebel military as That is the prerogative of the president.
well in the grant of amnesty.
SC says that the effects of Proclamation 347 issued by Ramos
cover the members of AFP. It extends to all persons who GRANT OF CANCELLATION OF FINES AND FORFEITURES
committed the particular acts described in the provision and
not just rebels or insurgents.

CONDITION OF AMNESTY ASK FOR FORGIVENESS Section 20.


You cannot be granted amnesty unless you ask for POWERS TO CONTACT AND GUARANTY FOREIGN LOANS
forgiveness. REQUIRE CONCURRENCE OF MONETARY BOARD
Because this is an act of mercy to someone who had faulted This is entered by the resident by way of a treaty. But it does
the state. So why should the state grant you pardon if you not require the concurrence of the senate. Only the
do not ask for it. concurrence of the Monetary Board. - BSP
You have to admit your guilt in order to be granted amnesty.
Its a risk actually because what if it is disapproved by Subject to the limitations as provided by law.
congress? It is like pleading guilty as charged. So the next Of course MB has to submit to congress these treaties
thing that the court will do is to impose the penalty if it is relating to the loans contracted.
denied.

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CONSTITUTIONAL LAW
Kwin
SEC 21 HOW TO BIND THE REPUBLIC
SECTION 21. No treaty or international agreement shall be valid and effective What is the effect if the senate does not concur it yet the
unless concurred in by at least two-thirds of all the Members of the Senate.
president has signed it? Can we still be obliged
internationally?
NEGOTIATION POWERS OF THE PRESIDENT Even if the president has signed it but the senate does not
You have the powers to negotiate treaties and other concur it, it does not bind us.
international agreements. Even if the senate has concurred it, but the president it
Such treaties and agreements must pass the senate for: does not ratify it, still it does not bind us.
1. concurrence of 2/3 votes, or
2. may be disapproved outright or
Remember, concurrence is exclusive to the president,
3. be approved conditionally subject to the conditions made however to make the treaty effective and bind the
by the senate so the president can renegotiate it Philippines, it has to be with the 2/3 votes of the senate.
Case: Pimentel vs Executive Secretary Case: Akbayan vs Aquino
Who has the sole power to ratify the treaty? The treaty negotiations is primarily confidential.
The sole power is vested upon the president.
Case: Bayan vs Zamora
However to bind the republic, it is subject to the concurrence
In the case of DFA, it is inconsequential whether the US to
of the senate. treats it as an executive agreement because under the
The role of the senate is limited to giving or withholding its international law, an executive agreement is as binding as a
consent or concurrence to the ratification. treaty.
In the field of negotiation, the senate cannot intrude and
Hence it is within the authority of the president to refuse to congress is powerless.
submit the treaty to the sanate or having its consent or
ratification, refuse to ratify it.
REQUIREMENT OF CONCURRENCE
TN of the requirement of concurrence. Only treaty and
Although the refusal of the state to ratify a treaty which has international agreement.
been signed in its behalf is serious detriment, it should not Executive agreement, they cannot interfere, that is exclusive
be taken lightly. Such decision is within the competence of to the president.
the president alone which cannot e encroached by the court
via a writ of mandamus.
TREATY AND INTERNATIONAL AGREEMENT VS EXECUTIVE
The SC has no jurisdiction over actions seeking to enjoin the
AGREEMENT
president in the performance of official duties. The court T/IA: it is political in nature, it affects the whole country
therefore cannot issue a writ of mandamus prayed for by EA: it is only providing for details. It is not permanent. It
the petitioners as it is beyond the jurisdiction to control the is for time to time negotiation. So no need to be
executive function of the government to transmit the signed concurred by the senate.
text of Rome statute to the senate.

PROCESS OF TREATY MAKING


There is the negotiation by the president. Sec 22 & 23
Then they would sign initially.
Thereafter, through the DFA, that treaty will be submitted to
the senate for review. The senate could either:
1. disapprove it outright
2. concur with it or recommend some changes before they
concur it

What will happen if the senate will recommence for their


concurrence?
They will renegotiate.

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CONSTITUTIONAL LAW
Kwin
ACCEPTANCE OF AMBASSADORS, CONSULS, ETC June 25, 2011
This is discretionary of the president.
ARTICLE VIII JUDICIAL DEPARTMENT
DEPORTATION OF THE ALIENS SEC 1
Deportation of the aliens is not provided in the constitution SECTION 1. The judicial power shall be vested in one Supreme Court and in
such lower courts as may be established by law.
but it is part of its residual power.
Judicial power includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and
CLASSIFICATION AND SALE OF PUBLIC LANDS enforceable, and to determine whether or not there has been a grave
The classification of public lands and to sell the same, belongs abuse of discretion amounting to lack or excess of jurisdiction on the part of
any branch or instrumentality of the Government.
to the president.
Only lands that is classified as alienable may be sold. There
must be a law authorizing its sale or alienation. JUDICIAL POWER
1. settling disputes
Case: SRP 2. judicial power of review
They are saying that there has to be with the consent of
We will know what judicial power is. Because in 1987
congress if that is acquired by the LGU in its proprietary
capacity. constitution, there has been an EXPANDED JURISDICTION of
the courts including the lower courts.
Its not a lot belonging to the Republic of the Philippines.
Because when you sell it, there has to be a declaration that Not only that the function is to settle disputes justiciable in
it is disposable and alienable. It must be with the consent of nature, involving rights which are demandable and
congress. enforceable; meaning his rights have been violated and you
So the president may not covey or sell real property of the are seeking redress in the courts
government on her sole will. He must be authorized by law Because the 1973 Constitution, the definition of Judicial
power is limited only to settling disputes, this time, it
through congress.
includes the determination whether there has been a grave
Remember that property in Japan, Repongi property. If it is a abuse of discretion amounting to lack or in excess of
property owned by the state in its sovereign capacity, it has jurisdiction.
to be with the consent of congress. This is what we call the JUDICIAL REVIEW POWER OF THE
COURTS, also known as the EXPANDED JURISDICTION OF
PROVISION OVER LOCAL GOVERNMENTS THE COURTS or the POWER OF JUDICIAL INQUIRY.
We have discussed this already.
1. SETTLING DISPUTES
TN as regards to the matter of settling disputes, it only
involves justiciable questions, and one is asking for reliefs or
redress of the violation of his rights.
So there has to be an applicable law such as statutes or the
constitution as basis for the settling of disputes.

2. JUDICIAL REVIEW
OTOH, on judicial review, as a GR, laws passed by congress
and policies made by the executive branch cannot be
reviewed by the courts because it might violate the
separation of power.
So on issues of policies and wisdom, TN, that should be
answered by the people on their sovereign capacity which
capacity has been delegated the full discretionary power to
the president who makes the policies or to congress who
makes the rules.
So as a GR, it should not be interfered with OW there may be
a violation of the separation of powers.
Its only when this discretion is abused amounting to lack or
in excess of jurisdiction that the courts may look into in
order to comply with its mandate under the constitution to
make sure that whatever laws that may be passed or
policies of the government may formulate, must be in
accordance of law.

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CONSTITUTIONAL LAW
Kwin
This is not an assertion of the superiority of the courts, rather REQUISITES FOR JUDICIAL REVIEW ON MOOT AND
the supremacy of the constitution. ACADEMIC ISSUES
Case: David et al. vs Executive Secretary
Case: Angara vs Electoral Commission The SC proceeded in determining the issue on
Case: Marcos vs Manlapus constitutionality because the issue raised is of
Because of this requirement, TN as a GR, only JUSTICIABLE transcendental importance or on paramount public interest.
QUESTION right for judicial adjudication, that may be the SC said, the MOOT AND ACADEMIC PRINCIPLE, it is not a
subject of the subject of a judicial inquiry as a GR. magical formula that can automatically dismay the courts in
However, POLITICAL QUESTIONS may be look into if there is resolving a case.
allegation of abuse of discretion. Only to that extent.
Courts will decide cases OW moot and academic if:
POLITICAL QUESTIONS 1. there is gave violation of the constitution
TN on political questions. The court cannot look into them 2. the exceptional character of the situation and the
because its a matter of questions of policies or issues of paramount public interest is involved
wisdom and thus it cannot be looked into as a GR. 3. constitutional issues raised requires formulation of
Only when there is allegation of abuse of discretion that it controlling principles to guide the bench and the bar and the
may be looked into by the courts. public
4. the case is capable of repetition yet evading review.

REQUISITES OF JUDICIAL REVIEW IOW there is still a possibility that this may crop up again in
The courts must make sure that the requisites of a judicial the future. At least there is specific guidelines to judges,
review must be present. lawyers and public on how to deal with it. In which case,
1. actual case or controversy even if the issue has become moot and academic, the court
2. raised by the proper party may still entertain the question of constitutionality in order
3. raised at the earliest opportunity of time to:
4. lis mota of the case (the main case cannot be decided 1. provide for guidelines
without resolving the issue on constitutionality) 2. educate the bench and the bar

1. ACTUAL CASE OR CONTROVERSY DECLARATORY RELIEF


If it is an actual case, meaning it must be existing. Ripe for On the matter of declaratory relief, where you have to
judicial determination or adjudication. declare the rights and obligations of the parties under the
Meaning, it should not be premature, and it should not be contract; although there is no conflict yet, may the court
also moot and academic. And it should not be simply asking review the contract on its validity based on the
of a hypothetical question or an advisory opinion. constitutional provision or an existing statute? Even if no
So if it is premature, then the case may be dismissed outright rights yet that are involved that are in conflict, but it may
by the court for there is no conflict yet, no contrariety of happen that if it is not interpreted, then there may be cases
rights involved. Nobody is aggrieved. that would be cases that would be filed in court? Is this
hypothetical or only asking for advisory opinion?
MOOT AND ACADEMIC PRINCIPLE
OTOH, on the MOOTNESS AND ACADEMICNESS of the Example. A claim by two claimants and there are different
issue, TN of the MOOTNESS DOCTRINE. laws as basis. However, there is a question on the
As a GR when the issue becomes stale, because either it constitutionality of the laws based as basis for the claims
has already been granted or the matter is academic because over the deposit.
it is overtaken by events. The bank is not involved in the conflict of these two
Example, when somebody was questioning the validity of claimants. But certainly, if the bank will award any of the
the declaration of state of emergency, but later it was lifted, claims of either party, the bank will be sued by either one
the issue was raised in the SC. There is no more national who is aggrieved by the decision of the bank.
emergency because it was already lifted by the president. So the bank has to be sure that if they are going to award
So the issue may become moot and academic already the account to a particular claimant on the basis of a law,
because it is no longer existing or the case is still pending the law that they applied must be constitutional.
before the courts for its determination. Can they go to court and seek the court to decide WON the
law that was used as basis as constitutional?
But according to SC, it should not be a mathematical YES. A PETITION FOR DECLARATORY RELEIF according to SC
formula to dismiss the case because it has already become is an actual case or controversy.
moot and academic.

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As a GR, the court will no longer look into the matter if the e. voter
issue has become moot and academic unless when the -only when it involves:
issues involved the four requisites. 1. right to vote
2. election laws

2. RAISED BY THE PROPER PARTY TRANSCENDENTAL IMPORTANCE


DIRECT INJURY TEST OR PRINCIPLE Is it a necessary requisite before the courts to consider
What we follow in this jurisdiction is direct injury test or before it will take cognizance that may be complaint that
principle. may be filed relating to questions of constitutionality of any
One has to be the person who has personal and substantial law or acts of the president?
interest in the outcome of the case, stands to be injured if NO.
the case is to be decided against him or benefited if decided There is a exception to this: when the issue involved is of
in his favor. transcendental importance or of paramount public interest,
if not constitutional significance, the court may set aside the
PROPER PARTY requisite of proper party as a mere procedural technicality
A PROPER PARTY is one who has sustained injury or is and may proceed in assuming jurisdiction and take
imminent danger of sustaining injury. cognizance over the petition only to resolve that issue.
Therefore, injury could either be actual or potential. In many cases, even if the party concerning may not be
directly affected by it, but it is not pervasive, if it is not
Specifically, who are considered proper party to question resolved, the court may still look into the matter.
the validity of the law? Again, you go into the transcendental importance in the
a. ordinary citizen matter of determining whether a person is a proper party.
-if he is injured by the application of the law complained
of Case: Kilosbayan vs Ermita
b. taxpayer The SC took cognizance over the petition of Kilosbayan
-if the law : questioning the qualifications of the appointment of the
1. involves disbursement of pubic funds contrary to law justice in SC.
2. is anomalous They wanted to stop the issuance of the appointment of
3. involves imposition of tax that is unreasonable or Ong of the Sandigan Bayan to SC because they suspected he
excessive is not a natural born citizen.
c. congress Sandigan Bayan, in the event that he is disqualifies cannot
-if it encroaches with the legislative imperatives assume his appointment. In civil law, they cannot be the
-ex. Senate vs Ermita as regards to EO 464 proper party.
d. minor children Sc said, considering that the matter involves a
-Case: Oposa vs Factoram constitutional significance, SC nonetheless may look into the
The right is potential only. Because it is imminent that matter.
if there will be no regulation in the grant of logging So this case is a matter of primordial importance according
concession, eventually you will be destroying the land to the SC because it involves compliance to the
and forest. So what patrimony will these children inherit constitutional mandate, specially on the qualification of the
if they are all destroyed? member of SC where its importance is utmost and far
So they are considered proper party under the reaching, particularly qualification, without the citizenship of
PRINCIPLE OF INTEGENARTIONAL RESPONSIBILITY to the person to be appointed to be a member of this court.
preserve our timberland because of the public right of
the people to a healthful and balanced ecology.

-Case: del Pilaan vs Ramos


As to the extent of this right, this is not the actionable
right in civil law. A case may be dismissed for lack of
cause of action, because the person who filed the case
has no actionable right.
That is not the kind of actionable right that has been
referred to here as the proper party. It only refers to
LOCUS STANDI that may affect public right.

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3. RAISED AT THE EARLIEST OPPORTUNITY OF TIME EFFECTS WHEN COURT DECLARES A LAW
If it is not stated in the pleadings, at least during the trial, one UNCONSTITUTIONAL
cannot be able to raise the issue on constitutionality for the The thing that you should TN is the consequences or the
first time on appeal. effect when the courts exercises the power and declares the
law as unconstitutional.
EXCEPTIONS 1. traditional view
TN of the exceptions where it can be raised even for the first 2. modern view
time on appeal:
a. in a criminal case, when it involves constitutionality of a In this jurisdiction, we follow the modern view.
law as basis in the conviction of the accused
b. when the issue is jurisdiction 1. TRADITIONAL VIEW
-because the proceedings is void, judgment is void as It is void from the very conception of the law. It is as if the
well law never existed.
c. in civil cases, only when it is unavoidable that they have It confers no rights, it poses no obligations, t creates no
first to resolve the issue on constitutionality before they office and it affords no protection. It will be as if that law has
resolving the main case itself to grant or deny the releifs of never been passed.
court.
2. MODERN VIEW
4. LIS MOTA OF THE CASE OPERATIVE FACT DOCTRINE
(the main case cannot be decided without resolving the issue What happens to the consequences when the law was still
on constitutionality) applied for?
Meaning if there are other ways to resolve the case without It was not declared as unconstitutional, or still considered
touching the constitutionality of the law, then the courts as valid?
should avail of the other grounds to not violate separation This is what we call the OPERATIVE FACT DOCTRINE.
of powers, and thereby accord respect to co-equal branches You cannot simply ignore that once upon a time, that law
of government such that of congress or president. existed and has created certain rights, imposes certain
It is only when it is unavoidable that first, it has to resolve the obligations; and this cannot be ignored because you might
constitutionality of the law in question before the courts can prejudice substantial rights.
resolve the issue. So then how do you treat the law that has been declared as
unconstitutional?
So grounds like: In modern view, they are only considered as voidable; valid
a. lack of jurisdiction until, they are declared a nullity.
b. issue of estoppel Therefore, before declared a nullity, you have to recognize
c. lack of prerequisites the operative fact as to its existence before it is declared a
So the case can be disposed of by those grounds. nullity, the consequences and the effects of that law.
If it has created rights, then these rights must be respected.

Case: Agbayani vs PNP


Case: Flores
In this jurisdiction, until it is declared as a nullity, it is
applied and we have to respect the consequences and the
effects of that law.
But the moment it is declared unconstitutional, there will
be no compromise. It imposes no obligations, confers no
rights, affords no protection, creates no office. It is as if it
was never passed since the time it was declared a nullity.

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LOWER COURTS VESTED JUDICIAL REVIEW POWER GUARANTIES OF THE INDEPENDENCE OF SC
This judicial review power is not exclusive to the SC. What are the guaranties of the independence of SC? What
This is also exercised by the lower courts. are the factors that safeguard the independence of the
judiciary particularly of SC?
What are these courts vested with judicial review power? 1. SC is a constitutional court
1. SC and It cannot be abolished by congress. Even if congress and
2. such other courts that are created by statutes: the president dislikes the chief justice of the SC, they
a. intermediate appellate courts cannot conspire in order to abolish the SC because it
1. court of appeals created by the constitution and they can only be abolished
2. sandigan bayan by the constitution.
3. court of tax appeals
b. lower courts 2. the justices of SC are removable only through impeachment
1. first level RTC You cannot sue them for civil cases, for damages in
2. second level MTC criminal cases, for offense. Relatively they have some kind
of immunity.
They exercise judicial review because in sec 1, it says judicial The cannot be charged for disbarment. Because this will
power is vested in SC and such other courts established by circumvent the law on their removal.
law. If they are not impeached, for how long will they stay in
So when judicial power is defined as not just settling disputes the judiciary? All judges and justices of the SC stay in office
but as well as determining abuse of discretion, then it is until they reach the age of 70, unless they are dismissed
understood that the power is likewise by the lower courts. from the service if they become insane or permanently
You also have the provisions of sec 5 art 8, under the disabled or have resigned.
appellate jurisdiction of SC what will the SC review on the The mandatory retirement age for civil service is 65. But
constitutionality if in the first place the lower courts do not the justices and judges of the courts are given the option to
exercise judicial review. retire at 60 for as long as they have been in service for 15
So you have: years and 5 years in the judiciary.
1. sec 1, art 8 And when they retire they continue to receive the last
2. sec 5, art 8 salary they have received including allowances.
And if they die, the spouses will receive the salaries of
JUDGMENT OF LOWER COURTS BINDS PARTIES OF THE CASE the judges.
ONLY
The only difference is that the declaration of nullity by 3. purely judicial function
lower courts may not be final or binding. Because even if the They are prohibited from exercising quasi judicial or
order is already final, it is not jurisprudential. It cannot be administrative functions.
used to guide the judges and the lawyers as well as the There are exceptions to this:
public as to the constitutionality of the law. a. some members of SC are also members of the electoral
It is when only it is declared with finality by SC that the tribunal (quasi judicial)
issue on constitutionality is resolved or settled. b. chief justice of SC chairs the JBC (administrative)
So even if RTC declares an ordinance unconstitutional, and
even if the judgment becomes final, that cannot be used as But as a GR, to avoid violation of separation of powers or
basis no to apply anymore the ordinance because that binds encroaching into each others powers, thats the
only the parties with respect to that case prohibition against
It may be repeated. And then finally it reaches the SC. Only The appointment for example of a justice of the SC to
the SC can say with finality WON the ordinance or any law become a cabinet secretary to advice the president on
for that matter is in consonance with the constitution. judicial matters, that is prohibited.

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4. appointment of personnel is vested in the SC 7. rules on pleadings and procedure in court
a. appointed by SC How about the lower courts? Who determines the
The personnel of the courts from the janitor to the clerks jurisdiction of the lower courts?
of courts except the judges are appointed by the SC en They are created by law.
banc in accordance with the civil service law. But TN, under the rules of court, their jurisdiction, under
Can they be dismissed by the president? NO. sec 15, on the rule making power of SC, who promulgates
Can they be disciplined by the ombudsman? NO. rules governing pleading and procedure in courts which
This is exclusive to the SC to maintain independence of must be uniform?
the SC. Exclusive to the SC.
If you have any complaints against the court personnel or So they can only be the one to amend the rules of court.
judge or justice, you do not file it with the office of the
president or with the office of the ombudsman. You file it 8. detaining judges
directly with the SC. In the matter of detaining judges temporarily, who does
Because in the manner of disciplining court personnel that? Only the SC.
and judges, that is exclusive to the SC.

b. not subject to the confirmation of the CoA


Another point on respect to the guaranty of its QUALIFICATIONS OF MEMBERS OF SC (JUSTICES)
independence, this is with respect to their appointments. 1. at least 40 years old
They are not subject to the confirmation of the CoA. 2. with experience in the practice of law or as judge for 15
However, they are screened by the JBC and the years
appointment by the president is limited only by the list 3. natural born citizen
submitted by the JBC. And for every vacancy, there should 4. proven competence, integrity, probity and independence
be at least 3 nominees.
However the president, although appoints the judges
and justices, cannot remove them from office. Judges can
only be removed by SC. Justices of the SC can be removed
only through impeachment.

5. fiscal autonomy - budget of SC


With respect to their budget, even if congress dislikes the
SC, they cannot decrease the budget of SC, OW, it is
unconstitutional. Automatically, the last budget of the SC
will be revived without deduction.
The issue on the budget of the SC on this year is not the
reduction of the budget but on the proposed increase that
was reduced, from 2b to 800m.
The point here is, they have fiscal autonomy. Their
budget cannot be reduced.

6. increase of appellate jurisdiction


Jurisdiction of SC is both original and appellate. They are
provided in the constitution.
Can the original jurisdiction provided by constitution be
reduced by SC by legislation? NO.
Can the original jurisdiction provided by constitution be
increased by SC by legislation? YES.
They cannot divest but can be increased, even without
the consent of SC.

Increase by of the appellate jurisdiction, can that be


done? NO. if it is without advise or concurrence by SC.

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June 27, 2011 JURISDICTION
LOWER COURTS
JUDICIAL POWER Insofar as jurisdiction of the lower courts, these are
What we were discussing was the extent of the judicial power determined by congress. You have the rules of court
of the courts particularly of the SC. governing jurisdiction of the rules of court, which rules of
We have discussed the nature of judicial power and the court are subject to changes or amendments by the SC as
extent of judicial review as well as on the effects of part of its rule making power, or promulgating rules
declaration of nullity. governing procedure and pleadings.

JUDICIAL INDEPENDENCE SUPREME COURT


We also explained the safeguards of judicial independence. Insofar as the SC OTOH, we have provisions in the
constitution defining its original as well as appellate
APPOINTMENT OF COURT PERSONNEL jurisdiction.
As part of the guaranty of the independence of the courts,
the matter of appointment of personnel from the court to a ORIGINAL JURISDICTION OF SC
clerk of court or even higher position than that except for 1. cases against foreign ambassadors stationed in the
judges of the lower courts, such power is vested in SC, Philippines and consuls and other public ministers
subject to the rules of the civil service law. -concurrent with CA and RTC
2. petitions for certiorari, mandamus, prohibition, quo
DISCIPLINING COURT PERSONNEL warranto and habeas corpus
So in the matter of dismissal from the service, that is also
exclusive to the SC considering that the matter of CANNOT BE REDUCED
disciplining court personnel and judges is within the power The original jurisdiction of the SC cannot be reduced. SC
of SC under the exclusive supervision of the SC over courts cannot be divested of that jurisdiction.
and court personnel.
CAN BE INCREASED
SC EN BANC Can it be increased without the consent or the concurrence
In this connection, TN, while the judges are appointed by the of the SC?
president, they can only be disciplined by the SC sitting en YES.
banc. So that if there are complaints filed against judges and
court personnel, TN that insofar as administrative APPELLATE JURISDICTION OF SC
complaints is concerned, that is exclusive of the SC. Basically you have two:
1. petition for review
REQUIREMENT OF FILING CRIMINAL CASE IN OFFICE OF 2. petition for certiorari
OMBUDSMAN AGAINST COURT PERSONNEL
Should you file a case in the office of the ombudsman, with What are the cases that are heard by the SC in its appellate
respect to the criminal aspect of the compliant; jurisdiction?
Case: Maceda vs Ombudsman 1. all cases involving the constitutionality of treaty,
SC has emphasized that still, it should be first referred to international agreement or executive agreement or law
the office of the SC to take cognizance over the complaint. 2. constitutionality insofar as application or operation of
and only when the SC makes a recommendation of an presidential decrees, proclamations, orders, instructions,
indictment, the conduct of the preliminary investigation, the ordinances and other regulations
criminal aspect that the ombudsman may take over the 3. tax imposts, assessment or any other penalties imposed in
investigation. relation thereto
4. all cases in which the jurisdiction of any lower court is an
issue
5. criminal cases where the penalty imposed is reclusion
perpetua or higher
6. cases where only errors or questions of law are involved

CANNOT BE REDUCED
Can they be increased or reduced? Can SC be divested of its
appellate jurisdiction?
NO. It is part of the guaranty of his independence.

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GR: CANNOT BE INCREASED Does this mean that insofar as amending the rules of the SC,
Can it be increased? that is exclusive to SC to do so?
NO. If it is without the advise or the concurrence of the SC. While it is true that insofar as the power to amend the
rules is vested in the SC under its rule making power,
Case: Fabian vs Disierto however you take note of the case of:
With respect to RA 6770 when the law provides that the
decisions of the ombudsman in the criminal cases are Case: Gingoon vs Republic
reviewable only by the SC; on purely questions of law or Where the law was passed that determines just
abuse of discretion amounting to lack or in excess of compensation in expropriation cases involving national
jurisdiction. infrastructures which in effect amended the rules of court
SC said, that law increasing the appellate jurisdiction of the on the matter of determination of just compensation.
had no prior concurrence or advise of the SC and thus the Because while rule 67 of the rules of court provides that all
provision was declared unconstitutional. that is needed for the writ of possession to be issued is 10%
of the estimated value based on assessed value of the
municipal assessor, TN that on RA 8974 on national
TEMPORARY ASSIGNMENT OF LOWER COURT JUDGES TO infrastructure, just compensation in expropriation cases
OTHER STATION where SC said that that will not preclude however the power
It need not be with the consent of the judge if the assignment of congress to pass any law including amending the rules of
is less than six months. court considering that the legislative power vested in
However, if it is more than 6 months, it should be with the congress is plenary.
consent of the judge concerned. SC said congress has the plenary legislative power. The
silence of the constitution, the subject can only be
CHANGE OF VENUE OR PLACE OF TRIAL TO AVOID THE interpreted as meaning there is no intention to diminish that
MISCARRIAGE OF JUSTICE plenary power.
Case: People vs Sola RA 8974, which require full payment before the state may
Then the change of venue or place of trial to avoid the exercise proprietary rights, contrary to rule 67 which require
miscarriage of justice, TN in case of doubt whether it can be only a deposit was recognized by the SC.
changed, it has to be resolved in favor of the change of
venue in order to prevent the miscarriage of justice. AUTOMATIC APPEAL TO SC NOW PASS TO CA
On the matter on appeals on judgment of conviction where
POWER OF PROMULGATING RULES the penalty is reclusion perpetua supposedly it is only
This is very important. exclusive to SC where you file an appeal by filing a notice of
SUBJECT MATTERS WHICH CAN BE BASIS FOR appeal because it is not automatic.
PROMULGATING RULES It is only when the penalty is death when appeal is automatic
Insofar as the procedural rule making power, sec 15, TN of even if accused does not file a notice of appeal.
the subject matters that could be the basis of the TN that under the new rules of the office of the SC, as it was
promulgation of rules: enunciated n the case of People vs Mateo, the appeal
1. protection and enforcement of constitutional rights should first pass to the CA before it goes to the SC.
2. rules governing pleading, practice and procedure of all
courts Case: People vs Mateo
3. addition to the practice of law The SC said, the fundamental law requires mandatory review
4. rules governing the integrated bar of the Philippines by SC of cases where the penalty perpetua, life
5. rules governing the legal assistance of the under imprisonment or death, nowhere has it been prohibited an
privileged intermediate review.
SC deems it wise and compelling to provide in these cases a
WRITS ISSUED BY SC IN CONNECTION WITH RULE MAKING review by the CA before the case is elevated in the CA.
POWER Justification. Procedural first and foremost falls more
In connection to this, TN of the writs that have been issued squarely within the rules making prerogative of the SC than
and justified by the rule making power of the SC the law making power of congress.
1. writ of habeas data The rule allowing the CA, a subordinate appellate court
2. writ of amparo before the case is elevated to the SC for automatic review is
3. writ of kalikasan such a procedural matter.
Insofar as their issuances, they are justified under the rule
making power of the SC.

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LIMITATIONS ON RULE MAKING POWER OF SC CASES TO BE DECIDED EN BANC
TN on the limitation of the rule making power of SC, it should What are the cases to be decided by SC sitting en banc and in
be: division?
1. simplified and inexpensive procedure for the speedy As a GR, because there are many cases appealed to the SC,
disposition of cases they decide cases in division of 3,5 and 7.
2. uniform for all courts of the same grade These are the cases that are not covered by cases to be
3. not diminish, increase or modify substantive rights heard only by SC en banc.
So better if you can memorize the cases that must be heard
(rearranged) en banc, like:
VOTES 1. all cases involving constitutionality of treaty, international
How many votes is required to arrive at a decision OW the agreement, executive agreement or law
appeal is dismissed?
2. all cases to be heard en banc under the rules of court
If it is a division of 7, how many votes are needed?
At least 4. 3. appeals from Sandiganbayan & Constitutional Commission
If there is 6? The SB is directly to the SC because it is co-equal to CA.
At least 4. Insofar as Civil Service Commission, TN it must first pass
If there are 5? through the CA, by the circular of the SC before it goes to
At least 3. mandatory review of SC.
If there are 4? Insofar as Comelec, only decisions of Comelec en banc
At least 3. can appealed to the SC. Thus as a condition precedent to
If there are 3? an appeal to be taken cognizance by the SC on decisions of
There is no more quorum. the Comelec, a motion for reconsideration must be first
filed or resolved by the Comelec en banc.
If it is a division of 5, how many votes are needed? Insofar as COA, it is directly appealable to SC purely on
At least 3. questions of law or on allegations of abuse of discretion
If there are 4? amounting to lack or in excess of jurisdiction. IOW only
At least 3. through a petition for certiorari.
If there are 3?
A unanimous 3. 4. cases involving the constitutionality of application or
operation of PDs, proclamation, orders, instructions,
If it is a division of 3, how many votes are needed? ordinances and other regulations.
A unanimous 3.
5. cases where SC modifies or reverses a doctrine or a
IOW it will be not less than 3 in all divisions. principle laid down by SC either sitting en banc or in division.
That can only be done by SC sitting en banc.
If it is not obtained, then in which case, it will be held by SC If there is already a principle established in the case by
sitting en banc. the SC sitting in division; if you are to reverse that decision,
you file a motion for reconsideration in the SC sitting en
banc because only SC en banc can reverse a decision that
establish the principle either by SC sitting en banc or in
division.

6. administrative cases to discipline or dismiss judges of


lower courts

7. election contest for the president and VP

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DECISION OF SC MEMORANDUM DECISION
PERIOD On memorandum decision, is that acceptable?
The requirement is, court should decide cases for a period of: Case: Oil and National Gas Commission
1. SC: 24 months SC said, sec 14 does not preclude the validity of
2. IAC: 12 months memorandum decision where the SC makes only a referral
3. lower courts: 3 months of the decision already made by the lower court which the
by the reference, the findings of facts and conclusions of law
BOTH MANDATORY AND DIRECTORY contained in the decisions of inferior tribunal.
All from the time the case is deemed submitted for decision It is intended to avoid cumbersome reproduction of the
or resolution. decision or portions of the lower court.
TN that in the requirement, is it mandatory is directory?
It is DIRECTORY because even if judgment is rendered after Also you must learn the definition of the term:
the prescribed period, judgment is still valid. Obiter dictum
It is MANDATORY in a sense, specially for lower courts Pro hac vice
because if they fail to comply or follow the prescribed
period, that would be subject to a disciplinary action against PRO HAC VICE
a judge. This was used in the case of Ampatuan as regards to the
matter of having the proceedings of the case broadcast.
AS TO FORM AND MANNER It is only applicable with respect to this case and may not be
TN of the requirement, under sec 14, it must state the past used as a precedent. Thats a pro hac vice decision.
and applicable law and jurisprudence.

EXCEPTIONS
What is important in sec 14 are the exceptions. Insofar the SC
dismissing a petition for review or certiorari by the mere
statement for lack of merit, the decision is dismissed. Does
this violate section 14?
TN of the following cases:
Case: Comacho vs CA
Case: German Machineries Inc. vs Indaya
Case: Solid Homes vs Lacerna

Case: Aregado vs Yama


Where the SC stressed that SC has discretion to decide
whether a minute resolution should be used in lieu of a full
blown decision in any particular case.
Further, SC explained that the grant of due course to a
petition for review is not a matter of right but of some
judicial discretion.
While if forced to find any reversible error committed by CA,
there is no need to fully explain the courts denial as it
means that means that the SC agrees with or adopts the
findings and conclusions of the CA.
There is no point in reproducing or restating in the resolution
of the denial the conclusions of the appellate court affirmed.
The constitutional requirement of sec 14 art 8 of a clear
presentation of facts and laws applies to decisions where
the petition is given due course but not where the petition is
denied due course with the resolution stating the legal basis
for the dismissal.
IOW if the SC denies a petition for review, the SC need not
explain that.
But the moment the SC gives due course to the petition, even
if the SC ultimately will dismiss the petition, still SC has to
comply with sec 14.

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CONSTITUTIONAL PROVISIONS CIVIL SERVICE COMMISSION
SCOPE
COMMON PROVISIONS Memorize the scope of civil service.
CONSTITUTIONAL COMMISSIONS branches
Civil Service Commission is the central personnel agency. subdivisions
COMELEC will guaranty a clean and honest and orderly instrumentalities
election. agencies of the Government
COA is the watchdog of Philippine funds and expenditure. GOCCs with original charters
GOCCs created by special laws
SAFEGUARDS TO GUARRANTY INDEPENDENCE
What are the safeguards that guaranty the independence of GOCCS
these constitutional commissions? Those that are created with the original charters, they are
1. they are created by the constitution and therefore, they governed by law.
cannot be amended abolished by statute As to ordinary GOCC, they are governed by the corporation
Each is expressly described as an independent body. It is code. And in which case, they are not within the jurisdiction
conferred with powers and functions which cannot be of the Civil service law
reduced by statutes. Only those created by special law and those with original
charters are under the CS.
2. members and chairman are removable only through
impeachment INSTRUMENTALITY VS AGENCY
Case: Liberisa vs IAC
3. term of office is 7 years SC said, AGENCY of the government refers to the various
units of the government, including a department, bureau,
4. they cannot be appointed in acting capacity, permanent office, instrumentality of government, GOCC, local
appointment, including ad interim appointment government or any distinct unit therein, usually exercising
governmental functions.
5. salaries cannot be increased during the continuance of INSTRUMENTALITY refers to agency of the national
office government not integrated with the department framework
vested with special functions or jurisdiction by law, with
6. enjoy fiscal autonomy some if not all corporate powers administering special funds
and enjoying operational autonomy, usually through a
7. may promulgate own rules charter. This includes regulatory agencies, institutes of the
PVDD that they will not diminish, increase or modify government or controlled corporation.
substantive rights.
WATER DISTRICTS
8. appointment of own personnel How about water districts? Are they under CS?
In accordance with the Civil Service law. YES. If one is employed under the GOCC whether a regular
In the disqualification of Constitutional Commissioners, or not, the CS law applies. It is not true either with respect
the thing that you should TN is the matter that they should to money claims that labor code applies.
not be a candidate of election immediately preceding the So TN that insofar as the water districts, they are under the
appointment. (!!!!!) CS.
They are governed with an original charters.

SALARIES STATE UNIVERSITIES


PROCEDURE How about the state universities? Are they under the civil
QUALIFICATION service? So that if there is any complaint, you should file it
PROCEDURE RELATING TO APPEALS with the civil service or the board of trustees that elected
the president of a state university or college?
Case: CSC vs Sohor, May 22, 2008
SC said that a state university with a fixed term of office
appointed by the governing board of trustees of the
university is non carrier civil service officer.?
Appointed by the chairman and members of the governing
board of CVPC, it is a non carrier under the jurisdiction of
the civl service commission.

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Because state universities are governed by special laws or transferred any where else.
chartered by special laws. Even if you have the civil service eligibility however not the
The president is non carrier within the jurisdiction o f the required civil service eligibility, then you are disqualified.
civil service. Or even if you have CESO, however you do not have the
qualification, you still do not enjoy security of tenure.
CLASSIFICATIONS OF THE POSITION OF THE CIVL SERVICE So that explains why many directors who have been
1. carrier holding the position for several years already,
2. non carrier professionalized the position, they are still transferred or
removed from office because these two must concur; the
C: is based on competitive examination. required qualification and the eligibility.
eligibility based on examinations. Failure to apply for this requirement, one does not
there are qualifications prescribed by law. guaranty a security of tenure.
NC: is usually entrance based on other than the usual test of
merit and fitness But if you are a CESO, what will happen here? In case you
-could be by election do not have the qualifications?
You may not get the position like for example, the
C: enjoys security of tenure position requires that you have to be a doctor. However you
NC: could be limited by the term prescribed by law are only a nurse, but you have the eligibility of a CESO, do
could be coterminous to the appointing authority you enjoy security of tenure to the position?
could be limited to the duration of the project for which NO. Because of the lack of qualification.
he is employed or appointed to However your salary is not be diminished because you are
a CESO. You dont enjoy security of tenure to the position.
C: with opportunity of advancement
NC: no opportunity of advancement To give you concrete cases relating to this, I want you to
no promotion read the following cases:
Case: Alsocoso vs Macaraig
SECURITY OF TENURE SC said, permanent appointment can be issued only to a
Who enjoys the security of tenure assuming that he is a person who makes all the requirements for the position to
carrier? Especially for the requirement of executive civil which he is being appointed including the appropriate
service eligibility that is now an issue eligibility prescribed.
Remember that after the change of administration, some The mere fact that position belongs to a carrier does not
directors are to be replaced? Although they are civil service automatically confer security of tenure on its occupant even
eligible but it is not eligibility that is required of the position. if it does not possess the required qualifications such right
What is the requirement of an executive position? will have to depend on the nature of appointment which in
You have to have an executive civil service eligibility like turn depends on its eligibility or lack of it.
CESO Carrier Executive Eligibility.
OW even if you are a first grade professional, civil service What if for example, you are permanent appointee. You
eligibility holder, that is not the kind of eligibility that is accepted an appointment that is CO-TERMINUS WITH THE
required of the position, you can still be removed. You dont APPOINTING AUTHORITY because the salary is higher. Do
enjoy the security of tenure. you enjoy security of tenure?
NO. The moment you accept an appointment that is co-
Let me explain the extent of the enjoyment of security of terminus to the appointing authority, you waive your right
tenure. You have to have not only the prescribed against security of tenure.
qualification but as well as the required eligibility.
For a regional director for example, what are the
requirements of a bureau?
Of course the qualifications needed for the position as
required by law and secondly, the requisite eligibility for that
position.
Meaning, even if you have the qualifications, like for
example, relating to the requirement that in order to
acquire the position, you have to be an engineer. And you
have to be a CES holder, Executive Eligibility.
Even if you are an engineer but you dont have the
eligibility, you dont enjoy security of tenure. You can be

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Of course those CONFIDENTIAL POSITION do not enjoy SUSPENSION OF AN EMPLOYEE
security of tenure. 1. preventive suspension
So then you have to know what are considered as 2. penalty
confidential positions?
These are primarily confidential. REINSTATEMENT AND BACK SALARY
Case: Monticillo vs CSC Is he entitled to reinstatement and back salary if exonerated?
SC said that the CS is expressly empowered by the In PREVENTIVE SUSPENSION, it is the temporary removal of
Administrative Code of 1987 to declare positions of CS an employee in an office while a case filed against him is
primarily confidential, on 2 instances: pending. In the event the case is dismissed, is he entitled to
1. president declares the position as primarily confidential backwages? If he is exonerated and reinstated to office?
upon recommendation of CSC The rule is, NO WORK, NO PAY. If he did not render service,
2. whether the nature of function exists close intimacy it is not automatic that he will be entitled to back wages
between the appointee and the appointing authority which unless:
ensures freedom of intercourse without embarrassment or a. if there is a finding of abuse of discretion on the part of
freedom from misgiving or los of personal trust or the disciplining committee, or
confidential matters. b. if there is an order for the payment of backwages

How about a pre legal officer? Is that primarily In SUSPENSION, is he titled to the payment of backwages
confidential? when he is illegally dismissed?
YES. Case: Castillo vs CSC
When the employee is illegally dismissed and his
How about a Casino Operations Manager? reinstatement is through order of the court, for all intents
Not confidential. and purposes, he is considered as not having left his office,
notwithstanding the silence of his decision, he is entitled the
payment of backwages.
REMOVAL OF TEMPORARY EMPLOYEE
Can you remove a temporary employee anytime? Case: BOTC vs Cruz
YES. With or without cause. SC follows as precedent that BOTC did not effect Cruzs
But for those who enjoy security of tenure, they can only termination with bad faith. And consequently, no back
be removed for just or legal cause provided by law. wages can be awarded in his favor.
But if your appointment is temporary, there is no such
expectations because they do not enjoy security of tenure. So only when there is a finding of abuse of discretion or
bad faith on the part of the authority that he be entitled to
the payment of backwages.
NEXT IN RANK RULE
The appointing authority is not bound by the next in rank If the public official is ALREADY RETIRED, is he entitled to
rule. Still he is given a wide latitude in the choice of backwages and his retirement benefits?
appointee. Case: David vs Ganas
SC said, the CS officer has been found illegally dismissed or
KINDS OF POSITIONS suspended is entitled to be reinstated and to backwages and
There are positions like other monetary benefits from the time of his illegal dismissal
1. competitive positions or suspension and up to his reinstatement.
2. non competitive positions And if at the time the decision of exoneration is
a. policy determining promulgated, he is already of retirement age, he shall be
b. confidential entitled nit only to back wages but also to full retirement
c. highly technical benefits.

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DOUBLE COMPENSATION COMMISSION ON ELECTION
This is prohibited. APPOINTMENT OF THE COMMISSIONERS
PERMANENT, NOT SUBJECT TO REAPPOINTMENT
How about if he is retired and received pension and he is Just like the rest of the officers of the constitutional
reemployed, will that be considered as double commission, appointment must be permanent and not
compensation? subject to reappointment.
Case: Santos vs CA
The rule on double compensation is not applicable to SUBJECT TO CONFIRMATION BY CoA
pension. A retiree receiving the pension of gratuity after The appointment is subject to confirmation by the CoA.
retirement can continue to receive such pension or gratuity When you say not subject to reappointment, that affects
if he accepts another government position to which another only to regular appointments which had been confirmed by
compensation is attached. CoA. (Matibag vs Benipayo)

TERMINATION OF SERVICE WITH THE GOVERNMENT ISSUANCE OF WRITS IN AID OF ITS APPELLATE JURISDICTION
You have the Law on Public Officers. As part of its quasi judicial function, COMELEC can issue
1. Certiorari
Case: Estrada vs Disierto 2. Prohibition
As regards the form of resignation, it is not required that it is 3. Mandamus
formal. But for purposes of avoiding any liability, the But only in aid of its appellate jurisdiction
resignation has to accepted by the appointing authority.
CONTEMPT POWERS IN ADMINISTRATIVE AND QUASI
POWERS EXERCISED JUDICIAL FUNCTIONS
CSC exercises administrative function. But it also exercises Do they exercise contempt powers?
quasi legislative and quasi judicial functions subject to Yes. But only in exercise of administrative functions.
review by the SC, however it must pass through the
intermediate review. Case: Bidol vs Comelec, Dec 3, 2009
Bidol said he lost the election returns in the Maguindanao
APPEAL BY CSC TO SC elections. Zubirri was elected as senator as a result.
Can CS appeal the decisions of CA? Can it be an appellant of a Bdol was cited for contempt because he did not appear
CS case? Like for example, in case of Dacoycoy where CSC anymore and did not bring the other election paraphernalia.
rendered a decision against a CS employee and he was He then appealed the contempt order to the SC saying that
dismissed from employment because of nepotism. Of course the order was issued by the Comelec in the exercise of its
the employee appealed eh decision of the CSC to CA. Then administrative function and therefore, the Comelec has no
CA reversed the CSC. Can CSC can appeal the decision of CA authority to cite him for contempt. It was not in the exercise
to SC? of its quasi judicial function.
Yes. Because in that case the CSC was the aggrieved party.
Appeal now lies from a decision exonerating CS employee of Let me clarify. On the Commission of Human Rights, as you
administrative charges. can recall, it has no contempt power neither the power to
issue restraining powers because it is merely an
MAY ISSUE WRITS investigating body except when it is exercising
Can CS issue a writ of execution in order to implement its administrative function.
own judgment? Insofar as the Comelec OTOH, the contempt power is
YES. It is part of its quasi judicial function. execised by the Comelec is the exercise of its quasi judicial
function, not administrative.

So here, SC sustained the Comelec. Because according to SC,


when that order was issued by the Comelec, there was an
investigation conducted on Bidol as regards to those
election returns.
In connection to the investigation, Bidol was ordered to
produce all the necessary election returns and the
certificates of canvass which however he failed to do so. And
thus the contempt.
So it was not purely an administrative function of the

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Comelec when he was ordered but in connection with the PROMULGATION OF RULES IN THE CONDUCT OF ELECTION
case that was investigated by the Comelec. The promulgation of rules in the conduct of election is within
Therefore, the citation of contempt of Bidol was in the powers of the Comelec.
accordance with law. Case: Limkaichong vs Comelec
The resolution issued by the Comelec, where the Comelec
As far as its quasi judicial function, the Comelec can cite for declares that notwithstanding the pendency of the
contempt. disqualification case against the candidate, if elected, he
should be proclaimed without prejudice to the continuation
of the proceedings in the proper forum.
CANNOT CALL FOR ELECTIONS In this case, resolution number 8062, according to SC is a
Can Comelec call for elections? valid exercise of Comelecs constitutionally mandated power
Case: Sema vs Comelec. to promulgate its own rules or procedure relative to the
NO. That is an exclusive power of congress. conduct of elections.
In adopting such policy guidelines for the May 14, 2007
National and Local Elections, the Comelec had in mind the
JURISDICTION OVER CONFLICTS OF POLITICAL PARTIES objective of upholding the sovereign will of the people and
Can the Comelec assume jurisdiction over conflicts of political in the interest of justice and fair play according to these
parties? candidates whose disqualification cases are still pending at
Case: LBP vs Comelec the time of election; should they obtain the highest number
Case: LBP vs Atienza of votes from the electorate should be proclaimed. But their
On the conflict of leadership in the political party, WON proclamation should be without prejudice to the
Gibon or Atienza is the President of LBP. Comelec assumed continuation of the hearing and the resolution of the
jurisdiction over that conflict. involved cases.
TN While the QUESTION OF PARTY LEADERSHIP has
implication on the Comelecs performance of its functions, CONDUCT OF PLEBISCITE AND DETERMINATION OF RESULT
Comelec has jurisdiction to decide questions of leadership How about conduct of plebiscite and determination of result?
within a party and to ascertain its legitimate officers and Is it with the Comelec or the courts?
leaders. The Comelec is endowed with ample, well defined Case: Cayetano vs Comelec
and considerable latitude in adapting the means and The conduct of plebiscite and determination of results shall
methods that would ensure the accomplishment of the be the business of the Comelec, not the regular courts.
objectives of which it was created. The independent constitutional body exclusively charged
with the power of enforcement and administration of laws
and regulation relative to the conduct of election, plebiscite,
But if it goes to the EXPULSION of a leader of a political initiative, referendum and recall; the Comelec has the
party or a member from a political party, does the Comelec indisputable expertise of election and related laws.
have jurisdiction over that dispute? It has therefore enjoyed the presumption of regularity in
Case: Atienza vs Comelec, Feb 16, 2010 the performance of its duties.
This is on the expulsion of Atienza from LBP.
TN SC said, while on the question of party leadership has
implications on the Comelecs performance of its functions NO JURISDICTION OVER SK OFFICIALS
under sec 2 art 9 par c of the Constitution, the same cannot What about SK officials, who has jurisdiction?
be said of the issue pertaining to Atienzas expulsion from DILG. Not the Comelec.
the LC.
Such expulsion is for the moment an issue of party
membership and discipline in which the Comelec cannot MANUAL COUNT
interfere given the limited scope of its power over political As to the manual count, the Comelec may validly order a
parties. manual count not withstanding the automated counting of
ballots in RA 8486.
The law grants to the commission the use of automated
election system if that is the only way to count votes. It
ought to be self evident that the constitution did not
envision a Comelec that cannot count a result election.

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ELECTION CONTESTS INVOLVING BARANGAYS PROPOSAL TO AMEND CONSTITUTION BY THE PEOPLE
Where do you file election contests involving barangays? On the matter of proposing the people on the amendments
File it with the MTC. of the Constitution;

Appealable to where? Case: Santiago vs Comelec


From MTC to Comelec. Case: Lambino vs Comelec
SC made the declaration that the provision in the RA 6735 is
From Comelec, it is final and executory, except when there is sufficient. However the manner of the nature of the
an allegation of abuse of discretion amounting to lack or in proposal changed is not just the amendment. It is the reason
excess of jurisdiction. You file petition for certiorari in SC. why the petition was dismissed.
So wala na tong insufficiency.
ELECTION CONTESTS INVOLVING MUNICIPAL OFFICIALS
Where do you file election contests involving municipal
officials?
File it with RTC.

Where to do you appeal?


The Comelec.

From Comelec, it is final and executory, except when there is


an allegation of abuse of discretion.

ELECTION CONTESTS INVOLVING CITY OFFICIALS


Where do you file election contests involving city officials?
File it with Comelec.

Where do you appeal?


SC.

ELECTION CONTESTS INVOLVING PROVINCIAL OR ARMM


OFFICIALS
Where do you file election contests involving provincial or
ARMM officials?
File it with Comelec.

Where do you appeal?


SC, but only decision of the Comelec en banc.

DECISION BY COMELEC IN DIVISION AND EN BANC


It can be appealed to the SC. The rule is, as long as it is an
adjudicatory power, in the exercise of its quasi judicial
function to be exercised by the Comelec, all these cases shall
be decided by the Comelec in division.
They only decide matters that are purely administrative en
banc.

ONLY DECISIONS EN BANC IS REVIEWABLE BY SC


Ro appeal therefore the decision of that division, you have to
file a motion for reconsideration that has to resolved by the
Comelec en banc. And that resolution now can be appealed
to SC.
Because the law is very clear than only decisions of
constitutional bodies rendered en banc can be reviewed by
the SC.

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COMMISSION ON AUDIT JURISDICTION OVER PRIVATE CORPORATION
FUNCTIONS Can private corporation be the subject of an audit?
1. administrative functions GR, it is beyond the jurisdiction of COA.
2. quasi judicial functions EXPT:
1. when a private corporation or entity handles public funds.
Example, the collection of VAT by some agencies. Thats
PROMULGATION OF RULES PERTAINING TO AUDIT - COA the only amount subject to audit.
In the matter of promulgating rules pertaining to audit is 2. when they receive subsidy from the government
exclusive to the COA.
UNANIMOUS DECISION OF COA
Any decision rendered by COA has to be unanimous among
CONDUCT OF AUDIT the three members because the chairman is not the COA.
In the matter of conducting audit, that is not exclusive to Remember COA is a collegial body and therefore they decide
COA. the case as a collegial body. Not just by the chairman of
Private accounting firms or auditors contracted by COA.
government to conduct audit on funds of government that
were derived from the proceeds of the loan for example DISALLOW:EXCESSIVE, UNNECESSARY EXPENDITURES
from an international bank or from donations made form Can COA disallow the approval excess or unnecessary
international sources, that can also be audited by private expenditure?
companies. YES.

Case: DBP vs COA


COA does not have the exclusive power to examine and audit
government agencies.
But as regards to promulgation of rules pertaining to audit of
government funds and expenditures, that is exclusive to
COA.

IOW if the law requires that is promulgated by COA, the


conduct will have to be followed. That cannot be set aside.
Because the matter of promulgating the rules relating to
audit or how funds should be expended is in the exclusive
power of COA.

SUBJECT OF AUDIT ONLY LIQUADATED FUNDS


In the conduct of audit, what can be the subject of audit?
Only the liquidated funds. OW if it unliquidated, that has
still to be established in the court, not COA.

Case: Philippine Operations Incorporated vs Auditor


General
SC said, COAs power over the settlement of accounts is
different from power over unliquidated claims. The latter of
which is within the ambit of judicial power. COA has no
jurisdiction.

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ART 10 LOCAL GOVERNMENTS INTERRUPTION OF TERM
This will again be discussed by Atty Largo. The interruption of a term exempting an elective official
from the three term limit is one that involves no less than
POLITICAL SUBDIVISIONS INVOLUNTARY LOSS OF OFFICE.
The political subdivisions are the In all cases of preventive suspension, the suspended official
1. Autonomous regions is barred from performing the functions of his office and
2. Provinces does not vacate or lose title of his office.
3. Cities Loss of office is a consequence that only results upon the
4. Municipalities eventual filing of guilt or liability.
5. Barangays
EFFECT OF SUSPENSION AS A PENALTY ON THE
RA 3160 - LGC SUCCESSIVENESS OF THE TERM
They are governed by RA 3160 LGC that provides for the So it is preventive suspension, that will not interrupt. But if
rules relating to it is suspension as a penalty, then that would be a different
1. term of office story.
2. structure and organization of LGUs If it is only preventive, it does not interrupt because
precisely he was suspended because he is still connected to
his office.
TERM OF OFFICE But if it is now a penalty after filing his case, then definitely
Under the constitution, how long is the perm of office of the there would be an interruption.
LG officials?
3 years, but not more that 3 consecutive terms. Case: Bolos vs Comelec, Mar 18, 2009
He was punong barangay at his third term. He resigned
Can this be changed by ordinary legislation? because he ran as municipal councilor as a Sanguniang
NO. Bayan member. Therafter, he resigned and ran again as
Except barangay officials. Barangay Captain.
So the question there is WON there has been an
CONSECUTIVENESS OF THE TERM interruption after he resigned as Barangay Captain and ran
When would you consider it as prohibited that will as Sanguniang Bayan member?
disqualify an incumbent to run for reelection? SC said, Bolos was serving his third term as Punong
When it would be his 4th election to the same position that Banrangay when he ran as Sanguniang Bayan member. And
is successive. upon winning, assume the position as SB member; thus
voluntarily relinquishing his office as punong barangay which
When is it considered SUCCESSIVE for purposes of the court deems as volunytary renunciation and therefore
determining disqualification? (!!!) not considered as an interruption.

EFFECT OF PREVENTIVE SUSPENSION ON THE RECALL - INTERRUPTION


SUCCESSIVENESS OF THE TERM As regards to recall, is that considered an interruption? Is it
Case: Aldovino vs Comelec, Dec 23, 2009 considered as your 4th election.
The question here is whether preventive suspension of a Example. Supposedly, you had 3 terms and there was a
public official interrupts the consecutiveness of the term. Or recall election, can you run as an opponent against the
if not interrupted, ay not have finished because there is a barangay official?
period of time where he had not served because he was Case: Adromeo vs Comelec
placed under preventive suspension. Would that be The winner in a recall election can be charged or credited
considered an interruption? with the full term of three years for purposes of counting
SC said, the preventive suspension of public official does the consecutiveness of an officials term in office.
not interrupt their term for the purposes of the THREE Thus in a situation where a candidate loses the election to
TERM LIMIT RULE under the constitution and LGC. gain a third consecutive term, but later wins in the recall
Preventive suspension by its nature does not involve an election, the recall term cannot be stitched in his two
effective interruption of its service within the term and previous consecutive terms.
should therefore not be a reason to avoid the three term The period of time prior to the recall term when another
limitation. public official holds the office constitutes an interruption of
the continuity of his service.

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TERM BY ELECTION, NOT BY SUCCESSION MMDA
Case: Borja vs Comelec MMDA is not a political subdivision, it is merely an
On consecutive terms, that must be by election, not by administrative coordinating body whose purpose is to
succession. coordinate with the LGU comprising of Metropolitan Manila.
For example. If at first by succession, and thereafter he ran
for election twice which is supposedly his third term, TN you The more recent cases involving MMDA in exercising police
should not count that term where he merely succeeded in power is:
office. It is an interruption or not counted in the Case: MMDA vs Truckworks
determination of continuity of the three limit rule relating to SC said, MMDA has no authority to dismantle billboards
term of office. and other forms of advertisements posted in the structures
of MRT3, the latter being a private property. Because
VOLUNTARY RENUNCIATION MMDAs power is limited only to the formulation,
Case: Lonzanita coordination, regulation, implementation, preparation,
Voluntary renunciation is not considered an interruption. management, monitoring, settling of policies, installing a
system and administration and therefore it has no power to
Case: Ong vs Alegre dismantle the billboards under the guise of police and
Ong was considered to have fully served the three terms. legislative powers.

Case: MMDA vs MCOR Transport System


This is with reference to the elimination of certain
QUALIFICATIONS FOR CONVERSION INTO A CITY OR A terminals in EDSA. They dont have that power because they
PROVINCE are not vested with police power.
Case: Cities of the Philippines
Read the last part of the decision for the qualifications.
SOURCES OF REVENUE OF LGUs
Under the new rules now, the requirement on area and 1. levy of taxes
income has been increased. This includes barangays.
Even if there is no legislative enactment, do they have
RA 9009 the taxing power?
What would be the law that you should read? YES. That provision is self executory as provided in the
RA 9009 which amended sec 450 of the LGC. constitutional as long as it is not contrary to existing laws.

How much income is required? 2. share from the national taxes


100m.
3. mining taxes, forestry and fishery fees and charges
Case: Navarro vs Ermita, May 12, 2010
SC said, we declared unconstitutional the creation of the 4. share in co-production, joint venture or production sharing
province of Dinagat Island for failing to comply with the agreement in utilization and development of national wealth
territorial population requirements under art 261 of the within the territorial jurisdiction
LGC. Case: There is the oil in Palawan and the company
refuses to share the income to Palawan Province.

TAXING POWER OF LGU


This is to insure local autonomy.
NATIONAL GOVERNMETN IS SUBJECT TO LOCAL TAX
WON some national instrumentality are subject to taxation;
unless they are expressly exempt from taxation, they are
subject to tax by local government.
Case: Manila International Airport vs Pasay City
Case: MCIAA vs Marcos
Case: PPA vs Iloilo City
Case: MIAA vs CA
The rule is, they are subject to tax unless they are expressly
exempted.
However, in case of doubt, they are exempt from taxation.

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ART 11 ACCOUNTABILITY OF PUBLIC OFFICIALS PROCESS OF IMPEACHMENT
So you go through the process of who initiates the
You just master impeachment. impeachment HOUSE OF REPRESENTATIVES.

SEC 1 What are the REQUIREMENTS?


Memorize sec 1. 1. initiation of the proceedings
SECTION 1. Public office is a public trust. Public officers and employees must, a. if it is a member who initiates the complaint or files
at all times, be accountable to the people, serve them with utmost
the complaint, there is no need of an endorsement
responsibility, integrity, loyalty, and efficiency; act with patriotism and
justice, and lead modest lives. b. if it is a private individual, it has to be indorsed in order
that it will be take action by the Committee on Justice
IMPEACHBLE PUBLIC OFFICIALS
Who are public officials that are impeachable: When is there initiation?
1. President Initiation of the proceedings (not the complaint)
2. VP commences upon the filing and the referral (whatever
3. Justices of SC action is to be taken by the committee at the moment).
4. Constitutional commissioners
5. Ombudsman In the case of Ombudsman Merciditas Gutierrez, there
-not the deputy ombudsman. were several complaints, different complainants, they
We will tackle this issue in SC WON the president has were simultaneously referred at the same time to the
jurisdiction. Considering that the president makes that committee in justice. Will that be taken as one initiation
appointment of the DO, and the Ombudsman; because proceedings?
the DO is not impeachable, he can be, as part of the YES. According to SC.
appointing power of the president, revoked by the
president. Why is this important?
-not the special prosecutor Because you cannot initiate an impeachment
Apparently the SP is now being investigated by the proceedings more than once in a year.
president. Apparently, they are subject to the jurisdiction
of the office of the president. 2. preparation of articles of impeachment
In the matter of initiation, how many votes are needed
GROUNDS OFR IMPEACHMENT in order to prepare the charge sheet or articles of
These are exclusive grounds. impeachment?
1. violation of the constitution 1/3 of the members of the house. This will be for the
2. bribery filing of the article sof impeachment.
3. treason
4. graft and corruption 3. promulgation of the rules by the house concerned
5. betrayal of public trust This is discretionary to the house.

These are exclusive grounds. You cannot have adultery as 4. forward to house of senate as the tribunal
grounds. The house of senate will act as the tribunal.
Who will be the presiding officer?
Now the question of plagiarism because it is now being the The president of the senate.
subject of impeachment against the Justice of SC. The Except if it involved the president, it will be the chief
ground is betrayal of public trust. This will be creating a justice of SC
conflict between the congress and SC because the congress
has already exonerated the justice of SC. 5. voting
How many votes are needed to convict or remove an
official?
2/3 votes of the members of the house of senate.

CONSEQUENCES OF REMOVAL THROUGH IMPEACHMENT


1. removal from office
2. no prejudice to criminal prosecution and disqualification
for appointment or election in public office
3. not subject of pardon
-provided in the constitution

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CONSTITUTIONAL LAW
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POWERS AND FUNCTIONS OF THE OMBUDSMAN POWER OF OMBUDSMAN TO SUSPEND OR IMPOSE
1. criminal cases, the Ombudsman has jurisdiction PENALTIES
-on all public officials, temporary or permanent Case: Ledesma vs CA
-except out of courtesy to SC relating to court personnel Case: Ombudsman vs Valera
and judges Before they say that the power of the Ombudsman is merely
-they must wait until SC makes a recommendation for recommendatory.
the investigation in the criminal case SC said that they have the power to give it to the Office of the
Ombudsman. They can impose and execute the penalties
2. administrative cases, the Ombudsman has jurisdiction that they have recommended.
-not on all public officials like:
a. impeachable officials
b. members of congress STATEMENT OF ASSETS AND LIABILITIES
c. members of the judiciary

3. preventive suspension
-Ombudsman has the power to suspend an erring public
officer suspensive
-period: not exceeding 6 months

4. teachers, Ombudsman has jurisdiction


-they are saying that magna carta exclusive jurisdiction is
exclusive with DECS. Wrong.
-case: Masing et al vs Office of the Ombudsman
Teachers, notwithstanding the magna catra,
Ombudsman has jurisdiction.

CRIMINAL JURISDICTION OF THE OMBUDSMAN


Is the criminal jurisdiction of the ombudsman exclusive to
him?
NO.
LOW RANKING OFFICIAL
If it is low ranking official, meaning the salary grade is 26 or
lower, it is concurrent with DOJ.
So if you file a malversation case against a municipal
treasurer, either you file it with the DOJ, Fiscals Office or
the Ofice of the Ombudsman.
Do you need the approval of the Deputy Ombudsman? NO.

HIGH RANKING OFFICIAL


If it involves a high ranking official like a city treasurer, cam
you file it with the DOJ? YES. However, if the
recommendation of the filing of the case with the SB, it has
to be concurrence with the DO or Ombudsman.
You go back to your criminal procedure.
Because insofar as jurisdiction of the SB, jurisdiction has to
be approved by the DO. OW if it is only the fiscal who
approves the information, that is an invalid information,
because the fiscal has no authority to file the information in
the SB.

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ART 12 NATIONAL ECONOMY AND PATRIMONY AGRICULTURAL LANDS
REGALIAN DOCTRINE (!!!) It does not mean lands devoted to agriculture. It refers to
All lands and mineral resources belong to the state. lands that is alienable like:
1. reclaimed
Including the ancestral domain and ancestral lands? 2. foreshores
NO. Because they belong to the indigenous people or
community on the basis of native title. Who owns it?
The state. Because the sea is inalienable. Supposedly,
KINDS OF LANDS likewise, it is inalienable.
Not all lands belong to the state. Except when it is classified as agricultural and disposable
1. agricultural lands lands of the government and of the state.
2. timber lands
3. forest lands Who can acquire it?
4. mineral lands Only individual citizen, not corporation.
5. national parks How come Amari and MOA are acquired by corporations?
Because there is no prohibition against directors of Filipino
Of all these lands, which is disposable and alienable? corporations who are Filipino citizens to acquire. And the
Agricultural lands. moment it is acquired by private individuals, it becomes a
private land, and it can be sold in turn to a Filipino
There are two kinds of lands: corporation.
1. public lands So this explains why some reclaimed lands are being
a. alienable lands (agricultural lands) acquired by Filipino corporations.
b. inalienable lands Originally, they are agricultural lands.
2. private lands
There has to be a classification that they are disposable.
ACQUISITION OF AGRICULTURAL LANDS
Who can acquire? Case: Chavez vs Public Estate Authority
Only individual citizens of the country. Foreshore and submerged areas form part of public domain
Corporations cannot acquire agricultural lands, even if it is and are inalienable.
a Filipino qualified corporations. They can only lease. Lands between foreshore and submerged areas also form
part of the public domain unless converted into alienable or
How many hectares can be acquired? disposable lands of public domain.
Limited only to 12 hectares. The prevailing rule is that, reclaimed disposable lands of
public domain may also be leased and not sold to private
Haw many hectares can be leased? parties. These lands remain sole generis as the only
500 hectares for individual. alienable or disposable lands of the public domain which the
1000 hectares for qualified Filipino corporation. government could not sell to private parties except if the
Foreigners cannot lease. legislative passes a law authorizing sub sale. (SRP)

ACQUISITION OF PRIVATE LANDS But in this case, the classification is not a pubic domain. There
Who can acquire? was a title that was issued. It was acquired by LGU in its
Filipino citizens, either natural or qualified Filipino private capacity (proprietary). It can be sold even without
Corporation. the consent of congress.

Who can lease? Reclaimed lands have maintained their inherent potential as
Filipino citizens and foreigners. areas for public use or service. The ownership of lands
reclaimed from foreshore areas is rooted in the regalia
What are the instance when a foreigner may acquire public doctrine which declares that all lands and waters of the
lands? public domain belong to the state.
a. former natural born citizens
-5000 sq meters But notwithstanding the conversion of reclaimed lands to
b. hereditary intestate succession alienable lands of the public domain, they may not be sold
-no limit on intestate succession if he is a compulsory to private corporations which can only lease the same.
heir The state can only sell alienable public lands to Filipino
citizens.

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CONSTITUTIONAL LAW
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So if you have been there since time immemorial, however
But TN in this case, decision does not bar private corporation the declaration that it is a patrimonial property is only 2011,
in participating in the reclamation projects and be paid for prescription does not start to run.
the services in reclaiming lands.
What the decision prohibits following the constitutional In connection with sec 14 of property registration decree,
mandate is for the private person to acquire reclaimed lands recognized those who by themselves or through their
in the private domain. predecessors in interest have been in open, continuous and
There is no prohibition on the directors, officers, SH of private exclusive possession and occupation of alienable and
corporations, if they are Filipino citizens from acquiring at disposable lands of the public domain under bona fide claim
public auction, reclaim alienable lands of the public domain. of ownership.
It can acquire not more than 12 hectares per individual and They must have been there since June 12, 1945, have
the lands thus acquired becomes public lands. acquired ownership of and registrable title to such lands
based on the length and quality of such possession.

PATRIMINIAL PROPERTY The court clarified that the public land merely requires
Freedom Islands are inalienable lands of public domain. possession since June 12, 1945 and does not require that the
Government owned lands, as long as they are patrimonial land should have been alienable and disposable in the entire
property can be sold to private parties who are Filipino period of possession.
citizens or qualified private corporation. The possessor is not entitled to secure judicial confirmation
of title as soon as the land is declared alienable and
So there is a difference; owned as a public domain alienable disposable.
with the consent of congress. But if patrimonial, no need for This is however subject to Dec 31, 2020 deadline.
consent of congress.
So if you are squatting a land owned by the government, all
Now they are claiming that SRP is part of public domain. you need to prove is that you have been occupying the land
Should there be a sale, it has to be with the approval of since June 12 1845, even if it has been recently declared
congress, and it has to be done at public auction. only as disposable or alienable. The 30 year period shall be
But the LGU maintains that it is a patrimonial property, and reckoned from June 12, 1945.
therefore it can be acquired by qualified private corporation. And you have until Dec 31, 2020 to apply for the registration
There is no bidding required because it is a private property of title over these property.
insofar as Cebu City Government is concerned.
CA ruled sustaining the trial court that it can be acquired by ALIENABLE OR DIPOSABLE
a corporation. Case: Sacay vs DENR
They applied for registration of title over these titles.
Boracay Island is owned by the state, except for the land
ACQUISITION BY PRESCRIPTION areas with existing titles.
Case: Malabanan vs Republic of the Philippines, April 29, The continued possession and considerable possession of
2009 (!!!) prior claimants do not automatically give them a vested
This is with reference to the acquisition of the property by right in Boracay, nor does this give them a right to apply a
prescription. They are saying that they are applying for title the land they are presently occupying.
registration of title because they have been occupying the The present lands traces its roots to the regalia doctrine.
property since time immemorial. Because they are not timber lands and therefore they are no
The issue is whether it can be applied for by an individual for longer lands of public domain.
title. SC said, except for lands already covered by existing titles, SC
SC said, public domain lands become patrimonial or private said that Boracay was unclassified lands of public domain
property of the government only upon declaration that prior to Proclamation 1006 which classified Boracay as 400
these are alienable or disposable lands together with hectares of reserved forest lands and 628.96 hectares of
express government manifestation that the property is agricultural lands.
already patrimonial or no longer retained for public service Such unclassified lands are considered public forests under
or the development of national wealth. PD 705. Forest lands do not necessarily refer to large tracks
Only when the property has become patrimonial can the of wooded lands or expanses covered by dense trees and
prescriptive period for the acquisition of the property of under brushes.
public property domain begin to run. For as long as it is not reclassified, it is still forest lands, not
subject to alienation. It cannot be acquired even if you have
lived there for a thousand years.

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CONSTITUTIONAL LAW
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CLASSIFICATION OF LANDS And I think this was the case that was invoked in the SRP case
Case: Dauriano vs Hermoso et al, April 24 2009 as against the Chavez case.
SC said, the classification of lands of public domain of 2 types:
1. primary classification So read Chavez vs PEA and Amari in consonance with Cavez vs
a. Agricultural NHA.
b. Forest Case: Chavez vs PEA (public domain)
c. Timber This is on public estate. So any lands that were reclaimed
d. Mineral lands by PEA is part of public domain.
e. Natural parks
2.secondary classification

The agricultural lands of public domain may further be EXCEPTION TO LANDS AS PART OF REGALIAN DOCTRINE
classified by law according to the uses which they may be Ancestral lands are exluded from the regalia doctrine.
devoted. This further classification of agricultural lands may
be referred to as SECONDARY CLASSIFICATION.
Congress under existing laws, granted authority to a member Case: Cruz vs Secretary of DENR
of the government agency to effect the secondary If categorically declared ancestral lands and domain held by
classification of agricultural lands to: native title as never to have been pubic lands. Domains and
1. residential lands under native title are therefore indisputably presumed
2. commercial to have never been public lands and are private.
3. industrial The right of ownership granted to indigenous people over
4. other urban uses their ancestral domains does not cover the natural
resources.
So you have RA 7160 granting such authority. The right granted to IP to negotiate the terms and conditions
over the natural resources covers only their exploration to
ensure ecological and environmental protection.
RECLAMATION OF LANDS
In that case relating to WON reclaiming corporation can be Case: Carino vs Insular Government
paid by lands. The existence of native title to land by Filipinos by virtue of
Diba kung reclaimed, pubic domain, only individual citizens possession under claim of ownership since time immemorial
can acquire the land. is an exception to the theory of res regalia.
If you pay land to the corporation that reclaimed it, is that
allowed? And in recognition to that, you have the case of:
Case: Chavez vs NHA (patrimonial property) Case: Alcantara vs DENR, July 31, 2008
It was allowed because the land was not considered a On the matter of ancestral domain.
public domain but a patrimonial property of the SC has revoked the permit to logging concessions that were
government. And therefore it can be acquired by the covered by the ancestral domain in recognition of the right
corporation. of the indigenous people to the ancestral domain.
SC said that NHA is a government agency. Its function is to SC said, a mere license or privilege granted by the state to the
distribute lands. It is not exercising public functions. petitioner for the use or exploration of natural resources to
NHA is a government agency not tasked to dispose of public lands over which the state has sovereign ownership
public lands under its charter. The Revised Administrative over the regalian doctrine, like timber or mining licenses on
Code of 1987, the NHA is an end user agency authorized by forest land and grazing lease agreement is a mere permit
law to administer and dispose of reclaimed lands. which by executive action can be removed, rescinded,
The moment titles over reclaimed lands based on the cancelled or modified whenever public welfare or public
special patents or transferred to the NHA by the registry of interest so requires.
deeds, they are automatically converted to a patrimonial The determination of what is in the pubic interest is
property of the state which can be sold to Filipino citizen necessarily vested in the state as owners of countrys
and private corporations, 60% of which are owned by natural resources. Thus, a privilege or license is not in a
Filipinos. nature of a contract that enjoys protection.
The reason is obvious. If the reclaimed land is not In this case, such privilege or license is not even a property or
converted to patrimonial lands, was transferred, then it property right, nor does it create a vested right.
would be useless to transfer it to NHA because you cannot
legally transfer any lands of public domain.

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In this decision, the SC recognize the inherent right of ICC and These agreements with foreign corporations are not limited
IPs to recover their ancestral lands from outsiders and to financial and technical assistance. The 1987 constitution
usurpers, seen by many as a victory attained by the private allows the continued use of service corporations as
respondents after a long and costly effort. contractors who would invest in and operate and manage
IOW because of this case, it was an assertion of the rights of extractive enterprises subject to the full control and
the indigenous people over the ancestral lands and domain. supervision of the state.
There was the revocation of the license that was granted This is on LARGE SCALE MINING.
previously to private individuals as regards to pubic lands, The requirement is FULL CONTROL.
particularly the use of public lands as a grazing lands.
REGALIAN DOCTRINE DOES NOT APPLY RETROACTIVELY.
Those covered prior to regalia doctrine where they were
EXPLORATION OF NAURAL RESOURCES given concession for not more than 50 years, it is still
Who has control over the exploration of natural resources? existing in the e1987 constitution. The regalian doctrine
It is the state being the owner. does not apply retroactively.

How about private individuals and citizens of the country? Case: Republic vs Reservoir Mining and Development
Can they explore the natural resources by themselves? Corporation
NO. Sec 2, art 12 of the 1987 constitution does not apply
Except when they enter into: retroactively to a license concession or lease granted by the
1. joint venture government under the 1973 constitution or before the
2. co production effectivity of 1987 constitution.
3. production sharing
They may be citizens who are natural or juridical persons. So if the concession still is existing even beyond the 987
constitution, then it is still valid. This is on NON
How about foreign corporations? Can they enter into such IMPAIRMENT CLAUSE.
agreements?
NO. they can only enter into SERVICE CONTRACT. They are
only to provide: PROHIBITION OF FOREIGNERS ACQUIRING LANDS
1. technical They can acquire only condominiums because the prohibition
2. financial assistance covers only acquisition of lands.

What is the extent?


They will be providing for services and labor. The
contractor is the state.
But it does not mean that the state has to closely supervise
and monitor them. There can be macro supervision through
the laws passed by the state.

This is in consonance to the upholding the validity of the


mining laws.
There are so many cases sustaining the participation of a
foreign corporation into mining.
Case: Republic vs Tritas Corp, sept 26, 2006
Case: Ramos vs Ramos
Case: Bilaan vs Ramos
Case: FUR Savers vs DENR
The bottom line is that control by the state is on macro
level through the establishment of policies, guidelines
regulations, industries, and similar measures that would
enable the government to control the conduct and the
affairs of various enterprises and restrain activities deemed
to be not desirable or beneficial.

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AREAS OF INVESTMENT REQUIREMENT ART 13 SOCIAL JUSTICE AND HUMAN RIGHTS
OPERATION OF PUBLIC UTILITY SOCIAL JUSTICE
How many percentage if it is a qualified Filipino corporation? Briefly, it means we give those who have less in life more in
60% by a Filipino citizen. law.
As the rest, go over with that. You go bY the concept of
MEDIA SOCIAL JUSTICE.
100%
HUMAN RIGHTS
ADVERTISING What is human rights?
70% It covers civil and political rights. It is not limited against the
government, even against big companies; can be the subject
EDUCATIONAL INSTITUTION of the complaint.
60% qualified Filipino corporation.
COMMISSION ON HUMAN RIGHTS
But the management and administration is all Filipino citizens JURISDICTION OF CHR
in all of these corporations. Only the capital investment What is the jurisdiction of the Commission of Human Rights?
where there is allowing foreigners. Merely investigatory. It has no quasi judicial function or
adjudicatory power.
FRANCHISE OF PUBLIC UTILITY Therefore it cannot issue restraining orders neither can it
For how many years? cite anyone for contempt for violation of human rights.
25 years, renewable for another 25 years.
PROMULGATION OF RULES AND REGULATION
Subject to amendments, repeal, or modifications when public But in the matter of promulgating the rules and regulations in
interest so requires. the exercise of its administrative functions, these have not
You TN of the exceptions because while a franchise is a been complied with by the persons ordered by CHR, in the
contract between the government and private individual enforcement of the rules by said office, one may be cited for
citizen or corporation; because it involves public interest, contempt.
the constitution no less provides for the reservation of its Administrative lang ha? Because they dont have any quasi
change. judicial functions.
It is protected in the non impairment clause supposedly but
this is an exception. EJECTMENT OF SQUATTERS
Ejectment of squatters, is that a violation of human rights?
FISHING NO.
ONLY INDIVIDUAL CITIZENS (specially on small scale) and Case: People vs Lichon
cooperatives. The constitutional requirement of the demolition being in
accordance with law and be conducted in a just and humane
PRACTICE OF PROFESSION manner does not mean validity or legality of the
Filipino citizens only. demolition on the existence of resettlement area that is
designated or earmarked by the government. There is no
requirement.

CORPORATIONS SUBJECT TO THE REGULATION OF THE NO FISCAL AUTONOMY


STATE Does the CHR enjoy fiscal autonomy?
MONOPOLY NO.
Is monopoly prohibited?
NO. But of course there are regulations relating to protect COMMISSIONER NOT IMPEACHABLE
public interest. But per se, it is not prohibited by law. Is the commissioner impeachable?
NO. these is not the same as the three constitutional
RESTRAINT OF TRADE AND UNFAIR COMPETITION commissions.
We have here free enterprise.
ABOLISHED BY ORDINARY LEGISLATION
Can it be abolished by ordinary legislation?
YES. It is not created by the constitution. It was created
upon the mandate of the constitution. So it may be
abolished.

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CONSTITUTIONAL LAW
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ART 14 - EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, So they have independence on who may teach, what to
CULTURE AND SPORTS EDUCATION teach, how to teach and who may be admitted to study.

ACADEMIC FREEDOM The disciplining of students is still within academic


Memorize academic freedom. freedom.

It is enjoyed only by institution of higher learning, not


Mababag Paaralan ng Pilipinas. 2. FROM THE STANDPOINT OF THE ACADEME
Example. Universities and colleges. Not high school and They can teach in any manner and grade you accordingly.
elementary. And they are free to do their research and publish their
research.
REVIEW CENTER
Case: Review Center Association of the Philippines vs
Ermita 3. FROM THE STANDPOINT OF THE STUDENTS
A review center is not a n institution of higher learning as Thats not absolute. Its subject to the rules of the
contemplated in RA 7722 because it does not offer a degree university and your having maintained the required
program that would put it under the jurisdiction of the classifications to maintain in the university.
CHED.
Moreover, review course is only intended to refresh and
enhance the knowledge or competence or skills of TAX EXEMPTION
reviewees. And it does not require enrollment, attendance, For non stock non profit
submission of theses in order to complete the review course
requirement or take the licensure examination.

KINDS OF ACADEMIC FREEDOM


1. From the standpoint of the institution
2. From the standpoint of the academe
3. From the standpoint of the students

1. FROM THE STANDPOINT OF THE INSTITUTION


They have the right to choose their own professors and
students as well.
They can impose regulations on that.

Case: UP et al vs CSC
They cannot be told about the choice of professor; if they
are going to promote a professor who has gone AWOL.
AWOL is a ground for dismissal of government service
and UP is under CSC. The other professors complained. CSC
dismissed him from service.
SC sustained UP. From the standpoint of the educational
institution and members of the academe, the SC sustained
the primacy of academic freedom over CS rules on AWOL
stressing, when UP opted to promote him despite his
absence, it is exercising his freedom to chose who may
teach and continue to teach its battlefield.

Case: La salle
After teaching in la sale as probi, he was dismissed.
SC said sec 5 par 2 of art 14 of constitution guaranties
institution of higher learning academic freedom.
Institutional academic freedom includes the right of the
school or college to decide for itself its aims and objectives
on how to attain them, free from outside coercion and
interference.

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ART 16 GENERAL PROVISIONS ART 17 AMENDMENTS AND REVISIONS
What is the color of flag? PROPOSAL
How many suns and stars? Who can propose amendments to the constitution?
1. Congress
Can you change the design of your flag? 2. Constitutional convention
NO. Without amending the constitution. 3. People

Can you change then name of the country by ordinary Who can propose revision?
legislation, national anthem and national seal? 1. Congress
YES. Subject to ratification in a referendum (not plebiscite). 2. Constitutional convention
(people cant)
SOVEREIGNTY OF THE STATE
-discussed Change of the system of government, is that an amendment
or revision?
ARMED FORCED OF THE PHILIPPINES REVISION. (Lambino vs Comelec)
It is a citizen armed force. That is one of the manifestation of
the supremacy of the civilian authority. CONSTITUTENT POWER
If it is congress exercising the power, we call it CONSTITUENT
The chief of staff has a limited term of 3 years unless it is POWER.
extended by president when there is a national emergency How is it different from legislative power?
declared by congress. So there has to be a national
emergency. Of course you have number of votes, for congress
proposing, 2/3 to call for a concon, majority to submit it to
Is PNP under AFP? people.
NO. It is discretionary BTW to congress.

STAGES OF CHANGING THE CONSTITUTION


1. Proposal
2. Submission of the proposal
3. Classification

VOTES FOR EEFECTIVITY


How many votes are needed for the effectivity of any change
to the constitution?
Majority votes cast during the plebiscite.

EFFECTIVITY
When does the change take effect?
Upon the ratification by the people.

JUDICIAL REVIEW PROPER PARTY


Is the amendment or revision of the constitution or
ratification of the constitution subject top judicial review?
YES. It can be raised by any citizen. Thats an extension of
proper party. So long as procedure is not followed, any
person may question.

Case: Province of North Cotabato vs Republic


This is with reference to Bansang Moro.
It was declared unconstitutional because that will allow the
president to propose amendments to the constitution by
allowing the establishment of a state with a state.
This is prohibited by the constitution because only congress,
people and concon can propose amendments to the
constitution.

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ART 18 TRANSITORY PROVISION 10 of the VFA. Pending status quo shall be maintained until
MILITARY BASES AGREEMENT further orders of SC.
That has already expired. We now have the PFA. So the
question is, should it require the concurrence of the senate? IOW inasmuch as VFA was treated as a treaty, should there
Is it valid? be any amendments or changes to it, it must be done in
That has already been settled, even without the accordance with the changing of the treaty.
concurrence of senate. Because it is an executive agreement It has to be negotiated, turned to the president and DFA,
implementing a mutual defense agreement between the submitted to senate for concurrence. And then have it
president and the US. ratified.
In this case, it was only between DFA Secretary and
Case: Lim vs Executive Secretary Ambassador of US. That is void foe it is contrary to what is
SC said that sec 25 of the transitory provision shall mark agreed in VFA.
antipathy towards foreign military presence in the country.
The foreign troops are allowed entry in the Philippines only in
a way of exception.
Under the constitution, the US forces are prohibited from
engaging in an offensive war in the territory.
Sc however cannot accept the allegation that the Arroyo
administration engaged in double ___ in trying to pass off as
a mere training exercise, an offensive effort by foreign
troops on native soil.

Case: Bayan vs Zamora


The VFA was duly concurred by the Philippine senate and was
duly recognized as a treaty by the US as certified by the duly
authorized representative of US government.
The fact that VFA was not submitted for advise and consent
of the US senate does not detract from its status as a
binding international agreement.
Ours was concurred.
Here, even if the US does not recognize it as a treaty, as far as
we are concerned, it is a treaty.

Precisely you not that case of Smith who was transferred in


the Embassy instead for detention.
Because under the VFA, he should have been detained in our
jail specially if convicted. But apparently, without our
knowledge, there was an amendment thereto by a mere
agreement between the ambassadors of US and Philippines.
So the question is if it can be done by mere amendment of
the VFA through an agreement signed between the
ambassadors of these two states.
Should there be any changes of the VFA because it has
reference to the detention?
Case: Nicholas vs Romulo
Should here be any changes, you should follow the
procedure in the matter of entering into negotiations with
international agreements and treaties.
SC said, VFA between Philippines and US entered into in
Feb 10, 1998 is upheld as constitutional.
But the agreements in Dec 19 and 22, 2006 are declared
not in accordance with the VFA. And respondent Secretary
of Foreign Affairs Romulo is hereby ordered to fore with
negotiate with the US representative for the appropriate
agreement on the detention facilities as provided in art 5 sec

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