POLITICAL LAW REVIEW - REVALIDA QUESTIONS

State policy on Education:

Constitutional provision re: President’s Health:
SECTION 17. The State shall give priority to education, science and
SECTION 11. Whenever the President transmits to the President of the technology, arts, culture, and sports to foster patriotism and nationalism,
Senate and the Speaker of the House of Representatives his written accelerate social progress, and promote total human liberation and
declaration that he is unable to discharge the powers and duties of his development.
office, and until he transmits to them a written declaration to the contrary,
such powers and duties shall be discharged by the Vice-President as Acting
Give at least 3 of manifestations of Republicanism: (LM-A-Br-I-SD)
President.

1. A government of laws and not of men

Whenever a majority of all the Members of the Cabinet transmit to the
2. Rule on majority
President of the Senate and to the Speaker of the House of Representatives
3. Accountability of public officers
their written declaration that the President is unable to discharge the powers
4. Existence of Bill of Rights
and duties of his office, the Vice-President shall immediately assume the
5. Legislature cannot pass irrepealable laws
powers and duties of the office as Acting President.
6. Separation of powers
7. Delegation of powers
Thereafter, when the President transmits to the President of the Senate and
to the Speaker of the House of Representatives his written declaration that
Existence/election of party list systems
no inability exists, he shall reassume the powers and duties of his office.
Meanwhile, should a majority of all the Members of the Cabinet transmit
within five days to the President of the Senate and to the Speaker of SECTION 1. The Philippines is a democratic and republican State.
the House of Representatives their written declaration that the Sovereignty resides in the people and all government authority emanates
President is unable to discharge the powers and duties of his office, from them.
the Congress shall decide the issue. For that purpose, the Congress shall
convene, if it is not in session, within forty-eight hours, in accordance with its SECTION 13. The State recognizes the vital role of the youth in nation-
rules and without need of call. building and shall promote and protect their physical, moral, spiritual,
intellectual, and social well-being. It shall inculcate in the youth patriotism
If the Congress, within ten days after receipt of the last written declaration, and nationalism, and encourage their involvement in public and civic affairs.
or, if not in session, within twelve days after it is required to assemble, (For existence of youth party lists)
determines by a two-thirds vote of both Houses, voting separately, that the
President is unable to discharge the powers and duties of his office, the SECTION 23. The State shall encourage non-governmental, community-
Vice-President shall act as the President; otherwise, the President shall based, or sectoral organizations that promote the welfare of the nation.
continue exercising the powers and duties of his office.

Serious Illness of the President
In case of serious illness of the President, The public shall be informed of
the state of his health. The members of the cabinet in charge of national
security and foreign relations and the Chief of Staff of the AFP shall not be
denied access to the President during such illness. (Article VII, Section 12)
Serious illness which may be a national concern. (Bernas)
SECTION 26. The State shall guarantee equal access to opportunities for
public service, and prohibit political dynasties as may be defined by law.
State Policy on Education
SECTION 17. The State shall give priority to education, science and
technology, arts, culture, and sports to foster patriotism and nationalism,

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accelerate social progress, and promote total human liberation and
development.
State Policy on Health
SECTION 15. The State shall protect and promote the right to health of
the people and instill health consciousness among them.
Right of citizen to question/review president’s declaration of martial
law and suspension of writ of habeas corpus:
ART. 7, Sec 18. The Supreme Court may review, in an appropriate
proceeding filed by any citizen, the sufficiency of the factual basis of
the proclamation of martial law or the suspension of the privilege of
the writ or the extension thereof, and must promulgate its decision thereon
within thirty days from its filing. (Citizen Initiated Review)
State Policy on Family
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 equally protect the life of the mother and the life of the
unborn from conception. The natural and primary right and duty of parents in
the rearing of the youth for civic efficiency and the development of moral
character shall receive the support of the Government.
Control power of the president:
ART 7; SECTION 17. The President shall have control of all the executive
departments, bureaus, and offices. He shall ensure that the laws be
faithfully executed.
State Policies of Public office
SECTION 26. The State shall guarantee equal access to opportunities for
public service, and prohibit political dynasties as may be defined by law.
SECTION 27. The State shall maintain honesty and integrity in the
public service and take positive and effective measures against graft
and corruption.
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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.
Constitutional powers of Commission on Audit: (RES-D-P-D) Rest? Di
PweDe
1. To examine and audit all forms of government revenue.
2. To examine and audit all forms of government expenditure
3. To settle government accounts
4. To define the scope and techniques for its own auditing procedures
5. To promulgate accounting and auditing rules including those for the
prevention and disallowance of irregular, unnecessary, excessive,
extravagant and unconscionable expenditures.
6. To decide administrative cases involving the expenditures of public funds.
State policy of indigenous cultural communities:
SECTION 22. The State recognizes and promotes the rights of indigenous
cultural communities within the framework of national unity and
development
Concurrent Appellate Jurisdiction of Supreme Court:
Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law
or the Rules of Court may provide, final judgments and orders of lower
courts in:
(a) All cases in which the constitutionality or validity of any treaty,
international or executive agreement, law, presidential decree, proclamation,
order, instruction, ordinance, or regulation is in question.
(b) All cases involving the legality of any tax, impost, assessment, or toll, or
any penalty imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion perpetua or
higher.
(e) All cases in which only an error or question of law is involved.
P10M suit for ejectment for unpaid P10m rentals filed in MTC. Issue of
ownership of said property is questioned. MTC dismissed case on
ground of no jurisdiction. Where can you file petition for certiorari? - It
shall be filed before the RTC exercising jurisdiction over the territorial The State recognizes the vital role of the youth in nation building and
area pursuant to Section 4 Rule 65 of the Rules of Court. shall promote and protect their physical, moral, spiritual, intellectual and
social well-being. It shall inculcate in the youth patriotism and nationalism
State Policy Science (Art II, Sec 17) and encourage their involvement in public and civic affairs.

Article II, Sec. 17. The State shall give priority to education, science and
technology, arts, culture and sports to foster patriotism and
nationalism, accelerate social progress and promote total human
liberation and development.
Powers & Functions of Civil Service Commission: (CASIIS)
BASIS of Art I *take note of the dates and what territories were covered
(SEE NACHURA)
Those ceded to US by virtue of Treaty of Paris (Dec. 10, 1898)
Those defined under the Treaty between US and Spain (Nov. 7, 1900) -
Cagayan, Sulu and Sibuto

Serves as the Central Personnel Agency of the Government:
1. To establish a CAREER service;
2. To ADOPT measures to promote moral efficiency, integrity,
responsiveness, progressiveness and courtesy in the Civil service;
3. To STRENGTHEN the merit and awards system;
4. To INTEGRATE all human resource development programs for
all levels and ranks;
5. To INSTITUTIONALIZE a management climate conducive to
public accountability;
6. To SUBMIT to the President and Congress an annual report on
personnel program;
Those defined under the Treaty between US and Great Britain (Jan 2, 1930)
- Turtle Islands ang Mangsee Islands
Batanes islands under the 1935 Constitution
Those contemplated under 1973 Constitution as belonging to the Philippines
by historic right or legal title.
Is Kalayaan group of Islands part of our territory? How?
Pursuant to PD 1596, it was declared that certain areas in the Kalayaan
group of Islands are part of the continental margin of the Philippine
archipelago. In the recent arbitration case, the Kalayaan group of islands or
the Spratlys is considered to be within the Philippines’ exclusive economic
zone in accordance with the provisions of the UNCLOS.
Status of our claim to Sabah?

Powers of Electoral Tribunals (Art. VI, Sec 17) (SJ:ERQ-RM) The Philippines claims over Sabah still remained even with the adoption of
the amendments and is not repealed by RA 9522.
a. Sole judge of all contests relating to the election, returns and State Policy on Women (Art II, Sec 16)
qualifications of their respective members;
b. Rule-making power The State recognizes the role of women in nation-building and shall
ensure fundamental equality before the law of women and man.
Executive Clemencies (Art VIII, Sec 19)
Rule-making powers of Supreme Court (Art VIII, Sec 5(5))
a. Reprieve
b. Commutations
c. Pardon To promulgate rules concerning: protection and enforcement of
d. Amnesty constitutional rights; pleading, practice and procedures in all courts;
e. Remission of fines and forfeiture admission to the practice of law; Integrated Bar of the Philippines; and
legal assistance to the underprivileged. (CR-PPP-A-IB-LA) mag-CR, Pepe
State Policy on Youth (Art II, Sec 13) na-Pee Pee; Always ImBerna si loLA

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Provisions on Checks & Balances
PRESIDENT:
a. Veto power of the President (Art. 6 Section 27),
b. Pardoning power of the President of a convict (Art. 7 Section 19)
CONGRESS:
a. Overriding the veto power of the President by vote of ⅔ of all
members of each house(Art. 6 Section 27),
b. Giving consent to certain appointments (Art. 6 Section 18),
c. Judicial power in trying impeachment cases (Art 11 Section 3),
d. Limiting the jurisdiction of the SC and that of other inferior courts
and even abolish other tribunals subject to certain restrictions (Art.
8 Section 1 &2)
Congress revokes prevention of suspension of writ of habeas corpus &
declaration of Martial Law on what grounds? SUBQUESTION: Is it
function of Congress or Courts?
Under the 1987 Constitution, the Congress has the authority to revoke the
suspension of the writ of habeas corpus and declaration of Martial law upon
a majority vote of all its members voting jointly. The constitutional
validity of the President’s proclamation of martial law or suspension of
the writ of habeas corpus is first a political question in the hands of the
Congress before it becomes a justiciable one in the hands of the court.
Only when the Congress defaults should the Supreme Court step in as its
final rampart.
Provisions on Initiative and Referendum (Art. VI, Sec 1; Art VI, Sec 32
[General system for initiative & referendum]) ~RA 6735
ARTICLE VI, 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, except to the extent reserved to the people by the
provision on initiative and referendum.
Section 32. The Congress shall, as early as possible, provide for a system of
initiative and referendum, and the exceptions therefrom, whereby the
people can directly propose and enact laws or approve or reject any
act or law or part thereof passed by the Congress or local legislative
body after the registration of a petition therefor signed by at least ten
per centum of the total number of registered voters, of which every
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legislative district must be represented by at least three per centum of
the registered voters thereof.
Provisions on Separation of Power (Art VI, Sec 1; Art VII, Sec 1; Art
VIII, Sec 1)
ARTICLE VI, 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, except to the extent reserved to the people by the
provision on initiative and referendum.
ARTICLE VII, Section 1. The executive power shall be vested in the
President of the Philippines.
ARTICLE VIII, Section 1. The judicial power shall be vested in one Supreme
Court and in such lower courts as may be established by law.
Judicial power includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and
enforceable, and to determine whether or not there has been a grave abuse
of discretion amounting to lack or excess of jurisdiction on the part of any
branch or instrumentality of the Government.
Grounds for Impeachment (Art XI, Sec 2)
JOSEPH “ERAP” EJERCITO ESTRADA case
ARTICLE XI, Section 2. The President, the Vice-President, the Members of
the Supreme Court, the Members of the Constitutional Commissions, and
the Ombudsman may be removed from office on impeachment for, and
conviction of, culpable violation of the Constitution, treason, bribery, graft
and corruption, other high crimes, or betrayal of public trust. All other public
officers and employees may be removed from office as provided by law, but
not by impeachment.
CHIEF JUSTICE CORONA case
Grounds for Impeachment:
Respondent betrayed the Public Trust, committed Culpable Violation of the
Constitution and Graft and Corruption in the following manner:
ARTICLE I. RESPONDENT BETRAYED THE PUBLIC TRUST THROUGH
HIS TRACK RECORD MARKED BY PARTIALITY AND SUBSERVIENCE
IN CASES INVOLVING THE ARROYO ADMINISTRATION FROM THE
TIME OF HIS APPOINTMENT AS SUPREME COURT JUSTICE AND
UNTIL HIS DUBIOUS APPOINTMENT AS A MIDNIGHT CHIEF JUSTICE
TO THE PRESENT.
ARTICLE II. RESPONDENT COMMITTED CULPABLE VIOLATION OF
THE CONSTITUTION AND/OR BETRAYED THE PUBLIC TRUST WHEN
HE FAILED TO DISCLOSE TO THE PUBLIC HIS STATEMENT OF
ASSETS, LIABILITIES, AND NET WORTH AS REQUIRED UNDER SEC.
17, ART. XI OF THE 1987 CONSTITUTION.
ARTICLE III. RESPONDENT COMMITTED CULPABLE VIOLATIONS OF
THE CONSTITUTION AND BETRAYED THE PUBLIC TRUST BY FAILING
TO MEET AND OBSERVE THE STRINGENT STANDARDS UNDER ART.
VIII, SECTION 7 (3) OF THE CONSTITUTION THAT PROVIDES THAT “[A]
MEMBER OF THE JUDICIARY MUST BE A PERSON OF PROVEN
COMPETENCE, INTEGRITY, PROBITY, AND INDEPENDENCE” IN
ALLOWING THE SUPREME COURT TO ACT ON MERE LETTERS FILED
BY A COUNSEL WHICH CAUSED THE ISSUANCE OF FLIP-FLOPPING
DECISIONS IN FINAL AND EXECUTORY CASES; IN CREATING AN
EXCESSIVE ENTANGLEMENT WITH MRS. ARROYO THROUGH HER
APPOINTMENT OF HIS WIFE TO OFFICE; AND IN DISCUSSING WITH
LITIGANTS REGARDING CASES PENDING BEFORE THE SUPREME
COURT.
ARTICLE IV. RESPONDENT BETRAYED THE PUBLIC TRUST AND/OR
COMMITTED CULPABLE VIOLATION OF THE CONSTITUTION WHEN HE
BLATANTLY DISREGARDED THE PRINCIPLE OF SEPARATION OF
POWERS BY ISSUING A “STATUS QUO ANTE” ORDER AGAINST THE
HOUSE OF REPRESENTATIVES IN THE CASE CONCERNING THE
IMPEACHMENT OF THEN OMBUDSMAN MERCEDITAS NAVARRO-
GUTIERREZ.
ARTICLE V. RESPONDENT BETRAYED THE PUBLIC TRUST THROUGH
WANTON ARBITRARINESS AND PARTIALITY IN CONSISTENTLY
DISREGARDING THE PRINCIPLE OF RES JUDICATA IN THE CASES
INVOLVING THE 16 NEWLY-CREATED CITIES, AND THE PROMOTION
OF DINAGAT ISLAND INTO A PROVINCE.
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ARTICLE VI. RESPONDENT BETRAYED THE PUBLIC TRUST BY
ARROGATING UNTO HIMSELF, AND TO A COMMITTEE HE CREATED,
THE AUTHORITY AND JURISDICTION TO IMPROPERLY INVESTIGATE
A JUSTICE OF THE SUPREME COURT FOR THE PURPOSE OF
EXCULPATING HIM. SUCH AUTHORITY AND JURISDICTION IS
PROPERLY REPOSED BY THE CONSTITUTION IN THE HOUSE OF
REPRESENTATIVES VIA IMPEACHMENT.
ARTICLE VII. RESPONDENT BETRAYED THE PUBLIC TRUST
THROUGH HIS PARTIALITY IN GRANTING A TEMPORARY
RESTRAINING ORDER (TRO) IN FAVOR OF FORMER PRESIDENT
GLORIA MACAPAGAL-ARROYO AND HER HUSBAND JOSE MIGUEL
ARROYO IN ORDER TO GIVE THEM AN OPPORTUNITY TO ESCAPE
PROSECUTION AND TO FRUSTRATE THE ENDS OF JUSTICE, AND IN
DISTORTING THE SUPREME COURT DECISION ON THE EFFECTIVITY
OF THE TRO IN VIEW OF A CLEAR FAILURE TO COMPLY WITH THE
CONDITIONS OF THE SUPREME COURT’S OWN TRO.
ARTICLE VIII. RESPONDENT BETRAYED THE PUBLIC TRUST AND/OR
COMMITTED GRAFT AND CORRUPTION WHEN HE FAILED AND
REFUSED TO ACCOUNT FOR THE JUDICIARY DEVELOPMENT FUND
(JDF) AND SPECIAL ALLOWANCE FOR THE JUDICIARY (SAJ)
COLLECTIONS.
State Policy on Foreign troops
SUBQUESTION: VFA entered into between Phil and USA. How did SC
rule on this? Why was it validated?
Article XVIII, Section 25, of the Constitution states that “foreign military
bases, troops, or facilities shall not be allowed in the Philippines except
under a treaty duly concurred in by the Senate and, when the Congress so
requires, ratified by a majority of the votes cast by the people in a national
referendum held for that purpose, and recognized as a treaty by the other
contracting State.”
The SC held that the VFA “is simply an implementing agreement” of the
constitutional provision on Foreign troops. The petitioners, led by former
Senate President Jovito Salonga and Atty. Evalyn Ursua, did not present
“substantial arguments” in its motion for reconsideration filed after the SC
ruled on the VFA’s constitutionality.
 NOTE:
RE: EDCA  Switzerland is a neutral state what does this mean?
 Is Burma a neutral state? It had a close-door policy for year
"EDCA is not constitutionally infirm." It is an executive agreement that is  Is China a neutral state? It also had a close-door policy for
anchored on a previously upheld agreement, the Visiting Forces years
Agreement (VFA), which went through the Senate and the legal
scrutiny of the SC. Thus, EDCA is not the principal agreement that first
allowed the presence of US facilities and troops in the Philippines Art. I National Territory provision
which would need Senate ratification.
The national territory of the Philippines comprises:
EDCA's constitutionality is upheld "on the ground that Article XVIII,
Section 25 of the 1987 Constitution allows the President to enter into an 1) The Philippine archipelago;
executive agreement on foreign military bases, troops, or facilities if: 2) All other territories over which the Philippines has sovereignty or
(a) it is not the instrument that allows the presence of foreign military bases, jurisdiction;
troops, or facilities, or (b) it merely aims to implement an existing law or
treaty and holding that the EDCA is one such executive agreement." NOTE:
PHILIPPINE ARCHIPELAGO – that body of water studded with islands
State Policy on NEUTRALITY (Art II, Sec 2) which is delineated in the Treaty of Paris (1898), as amended by the
Treaty of Washington (1900) and the Treaty with Great Britain (1930).
– consists of its:
Article II, Section 2: "The Philippines renounces war as an instrument of a) Terrestrial
national policy, adopts the generally accepted principles of international b) Fluvial
law as part of the law of the land and adheres to the policy of peace, c) Aerial domains
equality, justice."
– including its
Article II, Section 7: "The State shall pursue an independent foreign a) Territorial sea
policy. In its relations with other states the paramount consideration shall be b) The seabed
national sovereignty, territorial integrity, national interest, and the right to c) The subsoil
self-determination." d) The insular shelves; and
e) The other submarine areas

SUBQUESTION: Is the State’s pursuit of an Independent foreign policy
equal to a State’s neutrality? Accdg to Dean Cueva: NO
On the outbreak of war, states which do not wish to participate declare
neutrality. Also termed “armed neutrality,” a stance of neutrality during war is
distinguished from “neutralization” (a permanent status of neutrality), or the
neutrality maintained by humanitarian NGOs and UN peacekeeping units.
Neutral states remain at peace with other neutral states and at peace
with the belligerents to the greatest extent possible. In return, the
belligerents are obligated to respect neutral territory and jurisdiction (land,
sea, air, etc.) and innocent neutral trade.
INTERNAL WATERS – the waters Around, Between and Connecting (ABC)
the islands of the archipelago, regardless of their breadth and dimensions.
ALL OTHER TERRITORIES OVER WHICH THE PHILIPPINES HAS
SOVEREIGNTY OR JURISDICTION – includes any territory that presently
belongs or might in the future belong to the Philippines through any of the
accepted international modes of acquiring territory.
ARCHIPELAGIC PRINCIPLE
Two elements:
1. The definition of internal waters;

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2. The straight baseline method of delineating the territorial sea – consists of
drawing straight lines connecting the outermost points on the coast without
departing to any appreciable extent from the general direction of the coast.
IMPORTANT DISTANCES with respect to the waters around the
Philippines:
-Territorial Sea - 12 nautical miles (n.m.)
-Contiguous Zone - 12 n.m. from the edge of the territorial sea
-Exclusive Economic Zone - 200 n.m. from the baseline [includes T.S. and
C.Z.]
NOTE: There can be a Continental Shelf without an EEZ, but not an EEZ
without a Continental Shelf.
TERRITORIAL SEA: The belt of the sea located between the coast and
internal waters of the coastal state on the one hand, and the high seas on
the other, extending up to 12 nautical miles from the low water mark.
CONTIGUOUS ZONE: Extends up to 12 nautical miles from the territorial
sea. Although not part of the territory, the coastal State may exercise
jurisdiction to prevent infringement of customs, fiscal, immigration or sanitary
laws.
EXCLUSIVE ECONOMIC ZONE: Body of water extending up to 200
nautical miles, within which the state may exercise sovereign rights to
explore, exploit, conserve and manage the natural resources
Procedure of Bills of Local Application only (PO-CFD-RC-DA-CA-TBL)
Poging Otoko-Cute French Daddy-Rich Cutie-Dazzling Awaw-Cool Awaw-
TooBiggieLarge
1. Proposed Ordinance (PO) is filed with the Sanggunian;
2. PO is calendared for 1st reading;
3. PO is referred to the appropriate committee;
a) IF URGENT - PLENARY SESSION OF SANGGUNIAN DEBATES
ON PO (#7)
b) IF NOT - GO TO #4
4. Committee deliberates on the PO / Conduct hearings if needed;
a) Committee may DEFER PO or
b) Committee SHELVES PO
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5. Committee recommends for plenary deliberations, with or without
amendments;
6. PO is calendared for the 2nd reading;
7. Plenary session of Sanggunian debates on PO
a) Plenary may refer back the PO to the committee (#4) or
b) Approve PO on 2nd reading
8. Sanggunian approves PO on 2nd reading;
9. PO is calendared for 3rd reading;
10. Sanggunian approves PO on 3rd and final reading;
11. Approved ordinance is transmitted to the LOCAL CHIEF EXECUTIVE
(LCE)
a) LCE SIGNS APPROVED ORDINANCE = #12
b) LCE DOES NOT ACT ON THE ORDINANCE = #12
c) LCE VETOES PO
i. Sanggunian OVERRIDES VETO by 2/3 votes or
ii. NO ACTION from Sanggunian: Ordinance is shelved
12. POSTING / PUBLICATION requirements
13. ORDINANCE BECOMES A LAW
If a President vetoes a bill, what happens? (Art VI, Sec 27)
SECTION 27. (1) Every bill passed by the Congress shall, before it becomes
a law, be presented to the President. If he approves the same, he shall sign
it; otherwise, he shall veto it and return the same with his objections to
the House where it originated, which shall enter the objections at large
in its Journal and proceed to reconsider it. If, after such reconsideration,
two-thirds of all the Members of such House shall agree to pass the bill, it
shall be sent, together with the objections, to the other House by which it
shall likewise be reconsidered, and if approved by two-thirds of all the
Members of that House, it shall become a law. In all such cases, the votes of
each House shall be determined by yeas or nays, and the names of the
Members voting for or against shall be entered in its Journal. The President
shall communicate his veto of any bill to the House where it originated within
thirty days after the date of receipt thereof; otherwise, it shall become a law
as if he had signed it.
(2) The President shall have the power to veto any particular item or items in
an appropriation, revenue, or tariff bill, but the veto shall not affect the item
or items to which he does not object.
A particular item is vetoed, will it become a law? It depends.
General Rule: If the President disapproves a bill enacted by Congress, he
should veto the entire bill. He is not allowed to veto separate items of a bill.
NOTE: Partial veto is invalid.
Exception: When it comes to appropriation, revenue, or tariff bills, the
Administration needs the money to run the machinery of government and it
cannot veto the entire bill even if it may contain objectionable features.
How to override President’s veto?
SECTION 27. (1) Every bill passed by the Congress shall, before it becomes
a law, be presented to the President. If he approves the same, he shall sign
it; otherwise, he shall veto it and return the same with his objections to the
House where it originated, which shall enter the objections at large in its
Journal and proceed to reconsider it. If, after such reconsideration, two-
thirds of all the Members of such House shall agree to pass the bill, it
shall be sent, together with the objections, to the other House by which
it shall likewise be reconsidered, and if approved by two-thirds of all
the Members of that House, it shall become a law. In all such cases, the
votes of each House shall be determined by yeas or nays, and the names of
the Members voting for or against shall be entered in its Journal. The
President shall communicate his veto of any bill to the House where it
originated within thirty days after the date of receipt thereof; otherwise, it
shall become a law as if he had signed it.
Effect of President’s inaction in a bill? When shall it become a law?
The bill shall become a law if the President shall fail to act upon it within 30
days after the date of receipt thereof.
State Policy on Family
Article II. 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 equally protect the life of the mother and the life of the
unborn from conception. The natural and primary right and duty of parents in
the rearing of the youth for civic efficiency and the development of moral
character shall receive the support of the Government.
Powers of COMELEC (CC-DD(R)-F-FR-RS) Come Closer Damn Daddy
(Rawr!); Finished; First Round; Resume Sexytime
Mandated Functions
The Commission on Elections shall exercise the following powers and
functions:
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1. Enforce and administer all laws and regulations relative to the conduct of
an election, plebiscite, initiative, referendum, and recall.
2. Exercise exclusive original jurisdiction over all contests relating to the
elections, returns, and qualifications of all elective regional, provincial, and
city officials, and appellate jurisdiction over all contests involving
elective municipal officials decided by trial courts of general
jurisdiction, or involving elective barangay officials decided by trial
courts of limited jurisdiction. Decisions, final orders, or rulings of the
Commission on election contests involving elective municipal and barangay
offices shall be final, executory, and not appealable.
3. Decide, except those involving the right to vote, all questions affecting
elections, including determination of the number and location of polling
places, appointment of election officials and inspectors, and registration of
voters.
4. Deputize, with the concurrence of the President, law enforcement
agencies and instrumentalities of the Government, including the Armed
Forces of the Philippines, for the exclusive purpose of ensuring free, orderly,
honest, peaceful, and credible elections. Register, after sufficient
publication, political parties, organizations, or coalitions which, in addition to
other requirements, must present their platform or program of government;
and accredit citizens' arms of the Commission on Elections. Religious
denominations and sects shall not be registered. Those which seek to
achieve their goals through violence or unlawful means, or refuse to uphold
and adhere to this Constitution, or which are supported by any foreign
government shall likewise be refused registration.
5. Financial contributions from foreign governments and their agencies to
political parties, organizations, coalitions, or candidates related to elections,
constitute interference in national affairs, and, when accepted, shall be an
additional ground for the cancellation of their registration with the
Commission, in addition to other penalties that may be prescribed by law.
6. File, upon a verified complaint, or on its own initiative, petitions in court for
inclusion or exclusion of voters; investigate and, where appropriate,
prosecute cases of violations of election laws, including acts or omissions
constituting election frauds, offenses, and malpractices.
7. Recommend to the Congress effective measures to minimize election
spending, including limitation of places where propaganda materials shall be
posted, and to prevent and penalize all forms of election frauds, offenses,
malpractices, and nuisance candidacies.
8. Recommend to the President the removal of any officer or employee it
has deputized, or the imposition of any other disciplinary action, for violation
or disregard of, or disobedience to, its directive, order, or decision.
9. Submit to the President and the Congress, a comprehensive report on
the conduct of each election, plebiscite, initiative, referendum, or recall.

Exclusive Original Jurisdiction of Supreme Court
It exercises original jurisdiction (cases are directly filed with the SC in the
first instance without passing through any of the lower courts) over cases
affecting ambassadors, other public ministers and consuls, and over
petitions for certiorari, prohibition, mandamus, quo warranto, and habeas
corpus. (Art. VIII, §5(1)). It also has original jurisdiction over writs of amparo,
habeas data and the environmental writ of kalikasan.
Apportionment of Legislative Districts (Art VI, Sec 5(3))
1. The House of Representatives shall be composed of not more than
two hundred and fifty members, unless otherwise fixed by law, who shall be
elected from legislative districts apportioned among the provinces, cities,
and the Metropolitan Manila area in accordance with the number of their
respective inhabitants, and on the basis of a uniform and progressive ratio,
and those who, as provided by law, shall be elected through a party-list
system of registered national, regional, and sectoral parties or organizations.
2. Each legislative district shall comprise, as far as practicable,
contiguous, compact, and adjacent territory. Each city with a population of
at least two hundred fifty thousand, or each province, shall have at
least one representative.
Exclusive Appellate Jurisdiction of SC (Cv-LJ-RQ) Call Violet; Look for
Janine; Revalida Queens
It exercises appellate jurisdiction to review, revise, reverse, modify, or affirm
final judgments, and orders of the lower courts in:
(a) All cases in which the constitutionality or validity of any treaty,
international or executive agreement, law, presidential decree, proclamation,
order, instruction, ordinance, or regulation is in question.
(b) All cases involving the legality of any tax, impost, assessment, or toll, or
any penalty imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion perpetua or
higher.
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(e) All cases in which only an error or question of law is involved. (Art. VIII,
§5(1), (2))
How often are legislative districts fixed? What parameters
Within three years following the return of every census, the Congress
shall make a reapportionment of legislative districts based on the standards
provided in this section.
Standards: apportioned among the provinces, cities, and the Metropolitan
Manila area in accordance with the number of their respective inhabitants,
and on the basis of a uniform and progressive ratio, and those who, as
provided by law, shall be elected through a party-list system of registered
national, regional, and sectoral parties or organizations.
Qualifications of regular members of the Judicial Bar Council (JBC)?
For the Regular Members, they must be a (a) representative of the
Integrated Bar, (b) a professor of law, (c) a retired Member of the Supreme
Court, and (d) a representative of the private sector.
Power of President to local government agencies general supervision
(Art. X, Sec. 4)
ARTICLE X. SECTION 4. The President of the Philippines shall exercise
general supervision over local governments. Provinces with respect to
component cities and municipalities, and cities and municipalities with
respect to component barangays shall ensure that the acts of their
component units are within the scope of their prescribed powers and
functions.
Can President suspend a Municipal Mayor / place Mayor under
preventive suspension? Who has this power?
The Local Government Code of the Philippines
SEC. 63. Preventive Suspension. –
(a) Preventive suspension may be imposed:
(1) By the President, if the respondent is an elective official of a province, a
highly urbanized or an independent component city;
(2) By the governor, if the respondent is an elective official of a component
city or municipality; or
(3) By the mayor, if the respondent is an elective official of the barangay.
(b) Preventive suspension may be imposed at any time after the issues
are joined, when the evidence of guilt is strong, and given the gravity
of the offense, there is great probability that the continuance in office
of the respondent could influence the witnesses or pose a threat to the
safety and integrity of the records and other evidence: Provided, That,
any single preventive suspension of local elective officials shall not extend
beyond sixty (60) days: Provided, further, That in the event that several
administrative cases are filed against an elective official, he cannot be
preventively suspended for more than ninety (90) days within a single
year on the same ground or grounds existing and known at the time of
the first suspension.
(c) Upon expiration of the preventive suspension, the suspended
elective official shall be deemed reinstated in office without prejudice
to the continuation of the proceedings against him, which shall be
terminated within one hundred twenty (120) days from the time he was
formally notified of the case against him. However, if the delay in the
proceedings of the case is due to his fault, neglect, or request, other than the
appeal duly filed, the duration of such delay shall not be counted in
computing the time of termination of the case.
(d) Any abuse of the exercise of the power of preventive suspension shall be
penalized as abuse of authority.
Extent of power of DILG?
Assist the President in the exercise of general supervision over local
governments;
Advise the President in the promulgation of policies, rules, regulations and
other issuances on the general supervision over local governments and on
public order and safety;
Establish and prescribe rules, regulations and other issuances
implementing laws on public order and safety, the general supervision over
local governments and the promotion of local autonomy and community
empowerment and monitor compliance thereof;
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Provide assistance towards legislation regarding local governments, law
enforcement and public safety;
Establish and prescribe plans, policies, programs and projects to promote
peace and order, ensure public safety and further strengthen the
administrative, technical and fiscal capabilities of local government offices
and personnel;
Formulate plans, policies and programs which will meet local emergencies
arising from natural and man-made disasters;
Establish a system of coordination and cooperation among the citizenry,
local executives and the Department, to ensure effective and efficient
delivery of basic services to the public;
Organize, train and equip primarily for the performance of police functions, a
police force that is national in scope and civilian in character.
State Policy on Education
Article II. SECTION 17. The State shall give priority to education, science
and technology, arts, culture, and sports to foster patriotism and nationalism,
accelerate social progress, and promote total human liberation and
development.
Emergency Powers of the President (Art VI, Sec 23(2))
SECTION 23. (2) In times of war or other national emergency, the Congress
may, by law, authorize the President, for a limited period and subject to such
restrictions as it may prescribe, to exercise powers necessary and proper to
carry out a declared national policy. Unless sooner withdrawn by resolution
of the Congress, such powers shall cease upon the next adjournment
thereof.
Conditions for the exercise of such powers: (W-L-LP-N-R)
a. There must be a WAR or national emergency;
b. There must be a LAW authorizing the President to exercise EP;
c. Exercise must be for a LIMITED PERIOD;
d. Exercise must be NECESSARY and proper to carry out a declared
national policy;
e. Must be subject to RESTRICTIONS that Congress may provide.

State Policy on Public Service Sec. 27
SECTION 27. The State shall maintain honesty and integrity in the public
service and take positive and effective measures against graft and
corruption
Rules in Presidential Succession
VACANCY AT THE BEGINNING OF THE TERM
Death VP shall become President
Permanent Disability
President elect fails to qualify VP shall act as President until the
President-elect has qualified
President shall not have been chosen VP shall act as President until the
President-elect has been chosen and
qualified
No President/ No VP because: Senate President shall act as President
Both not qualified; until a President or VP shall have been
Both died/ permanently disabled chosen and qualified;
If Senate President is unable, Speaker of
the House shall act as President
VACANCY DURING THE TERM
Permanent Disability VP shall become President
Removal from Office
Resignation If VP also PRRD? Senate President shall
Death act as President until a President or VP
shall have been chosen and qualified
If Senate President is unable, Speaker of
the House shall act as President
TEMPORARY DISABILITY
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President transmits written declaration
to Senate President that he is unable to
discharge the powers and duties of his
office
Majority of all the members of the
Cabinet transmits written declaration to
Senate President and the Speaker that
the President is unable to discharge the
powers and duties of his office
IN CASE OF VACANCY IN THE OFFICE OF P AND VP
10am of the 3rd day after the vacancy
occurs
Vice President shall discharge such powers
and duties as “Acting President” until
President transmits a written letter to the
contrary
Vice President shall discharge such powers
and duties as “Acting President”
If President transmits his written declaration
that no inability exists, he shall reassume
his powers
If within 5 days, the majority of the
members of the Cabinet transmit written
declaration to Senate President and
Speaker that President is unable to
discharge his powers and duties, Congress
shall decide the issue
Congress will convene if in session; If not in
session, convene within 48 hours
* If in session, decide within 10 days
* If not in session, decide within 12 days
* Congress will vote separately
* If by vote of 2/3, they decide that
President is unable, Vice President shall
act as President
* If no 2/3 vote, President shall continue to
exercise his powers and duties
Congress shall convene and enact a law
within 7 days calling for a special election
to elect a President and VP
Special election shall not be earlier than 45
days and later than 60 days from the time
of such call
But no special election if vacancy occurs
within 18 months before the date of the
next presidential election

What happens if VP assumes Presidency? What happens if NO VP?
Please refer to the table above --
Art VII, Sec 10. SECTION 10. The Congress shall, at ten o’clock in the
morning of the third day after the vacancy in the offices of the President and
Vice-President occurs, convene in accordance with its rules without need of
a call and within seven days enact a law calling for a special election to
elect a President and a Vice-President to be held not earlier than forty-
five days nor later than sixty days from the time of such call. The bill
calling such special election shall be deemed certified under paragraph 2,
Section 26, Article VI of this Constitution and shall become law upon its
approval on third reading by the Congress. Appropriations for the special
election shall be charged against any current appropriations and shall be
exempt from the requirements of paragraph 4, Section 25, Article VI of this
Constitution. The convening of the Congress cannot be suspended nor the
special election postponed. No special election shall be called if the vacancy
occurs within eighteen months before the date of the next presidential
election.
Incorporation Theory
The incorporation theory mandates that the Philippines is bound by generally
accepted principles of international law which automatically form part of
Philippine law by operation of the Constitution.
Disqalifications of the Executive Branch (Art VII, Sec 13)
SECTION 13. The President, Vice-President, the Members of the Cabinet,
and their deputies or assistants shall not, unless otherwise provided in this
Constitution, hold any other office or employment during their tenure.
They shall not, during said tenure, directly or indirectly, practice any
other profession, participate in any business, or be financially
interested in any contract with, or in any franchise, or special privilege
granted by the Government or any subdivision, agency, or
instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries. They shall strictly avoid conflict of
interest in the conduct of their office.
The spouse and relatives by consanguinity or affinity within the fourth
civil degree of the President shall not during his tenure be appointed
as members of the Constitutional Commissions, or the Office of the
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Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads
of bureaus or offices, including government-owned or controlled
corporations and their subsidiaries.
State Policy on Civilian Supremacy
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 State.
Its goal is to secure the sovereignty of the State and the integrity of the
national territory.
How Party-List System works under Republic Act 7941
RA 7941 PARTY LIST MECHANISM: Mechanism of proportional
representation in the election of representatives to the House of
Representatives from national, regional and sectoral parties or
organizations or coalitions thereof registered with the COMELEC
Requisites/Documents:
(1) Register by filing a Petition stating its desire to participate in the
party list system
a. Verified by its President
b. Not later than 90 days before the election
(2) If already registered, file a Manifestation of desire to participate in
the party list system
a. Not later than 90 days before the election
State Policy on Health
SECTION 15. The State shall protect and promote the right to health of the
people and instill health consciousness among them.
State Policy Foreign Affairs
SECTION 7. The State shall pursue an independent foreign policy. In its
relations with other states the paramount consideration shall be national
sovereignty, territorial integrity, national interest, and the right to self-
determination.
Appointing Power of the President (Art VII, Sec 16)
SECTION 16. The President shall nominate and, with the consent of the
Commission on Appointments, appoint the heads of the executive
departments, ambassadors, other public ministers and consuls, or officers of
the armed forces from the rank of colonel or naval captain, and other officers
whose appointments are vested in him in this Constitution. He shall also
appoint all other officers of the Government whose appointments are not
otherwise provided for by law, and those whom he may be authorized by law
to appoint. The Congress may, by law, vest the appointment of other officers
lower in rank in the President alone, in the courts, or in the heads of
departments, agencies, commissions, or boards.
The President shall have the power to make appointments during the recess
of the Congress, whether voluntary or compulsory, but such appointments
shall be effective only until after disapproval by the Commission on
Appointments or until the next adjournment of the Congress. (Read MemAid,
page 43-46)
State Policy on Education
SECTION 17. The State shall give priority to education, science and
technology, arts, culture, and sports to foster patriotism and nationalism,
accelerate social progress, and promote total human liberation and
development.
General Provisions on ConComs (Art IX-A)
SECTION 1. The Constitutional Commissions, which shall be independent,
are the Civil Service Commission, the Commission on Elections, and the
Commission on Audit.
SECTION 2. No Member of a Constitutional Commission shall, during his
tenure, hold any other office or employment. Neither shall he engage in the
practice of any profession or in the active management or control of any
business which in any way be affected by the functions of his office, nor shall
he be financially interested, directly or indirectly, in any contract with, or in
any franchise or privilege granted by the Government, any of its
subdivisions, agencies, or instrumentalities, including government-owned or
controlled corporations or their subsidiaries.
SECTION 3. The salary of the Chairman and the Commissioners shall be
fixed by law and shall not be decreased during their tenure.
SECTION 4. The Constitutional Commissions shall appoint their officials
and employees in accordance with law.
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SECTION 5. The Commission shall enjoy fiscal autonomy. Their approved
annual appropriations shall be automatically and regularly released.
SECTION 6. Each Commission en banc may promulgate its own rules
concerning pleadings and practice before it or before any of its offices. Such
rules however shall not diminish, increase, or modify substantive rights.
SECTION 7. Each Commission shall decide by a majority vote of all its
Members any case or matter brought before it within sixty days from the
date of its submission for decision or resolution. A case or matter is deemed
submitted for decision or resolution upon the filing of the last pleading, brief,
or memorandum required by the rules of the Commission or by the
Commission itself. Unless otherwise provided by this Constitution or by law,
any decision, order, or ruling of each Commission may be brought to the
Supreme Court on certiorari by the aggrieved party within thirty days from
receipt of a copy thereof.
SECTION 8. Each Commission shall perform such other functions as may
be provided by law.
How are Constitutional Commissioners/members removed from office?
Article XI, SECTION 2. The President, the Vice-President, the Members of
the Supreme Court, the Members of the Constitutional Commissions,
and the Ombudsman may be removed from office, on IMPEACHMENT for,
and conviction of, culpable violation of the Constitution, treason, bribery,
graft and corruption, other high crimes, or betrayal of public trust. All other
public officers and employees may be removed from office as provided by
law, but not by impeachment.
Art. IX-A Sec 7
SECTION 7. Each Commission shall decide by a majority vote of all its
Members any case or matter brought before it within sixty days from
the date of its submission for decision or resolution. A case or matter is
deemed submitted for decision or resolution upon the filing of the last
pleading, brief, or memorandum required by the rules of the Commission or
by the Commission itself. Unless otherwise provided by this Constitution or
by law, any decision, order, or ruling of each Commission may be brought to
the Supreme Court on certiorari by the aggrieved party within thirty days
from receipt of a copy thereof.
 2. No law shall be made respecting an establishment of religion or
Oversight Power of Congress prohibiting the free exercise thereof

3. No law impairing the obligations of contracts shall be passed

SECTION 22. The heads of departments may upon their own initiative,
with the consent of the President, or upon the request of either House, 4. No ex-post facto law or bill of attainder shall be enacted
as the rules of each House shall provide, appear before and be heard
by such House on any matter pertaining to their departments. Written ii. On Appropriations
questions shall be submitted to the President of the Senate or the Speaker
of the House of Representatives at least three days before their scheduled 1. The procedure in approving appropriations shall strictly follow the
appearance. Interpellations shall not be limited to written questions, but may procedure for approving appropriations for other departments or
cover matters related thereto. When the security of the State or the public agencies
interest so requires and the President so states in writing, the appearance
2. Prohibitions against use of public money or property for religious
shall be conducted in executive session.
purpose
Reason: to enable Congress to determine how the laws it has passed are 3. No specific funds shall be appropriated or paid for use or benefit of
being implemented any religion, sect except for priests assigned to the AFP or penal
institutions
“Prohibited Office” iii. On taxation

1. No law granting any tax exemption shall be passed without the

Section 13, Article VI: No Senator or Member of the House of
Representatives may hold any other office or employment in the
Government, or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations or their subsidiaries,
during his term without forfeiting his seat.
State Policy on Education
concurrence of majority of all members of Congress
2. All money collected on any tax levied for a special purpose shalll
be treated as a special fund and paid out of such purpose only
3. All revenues and assets of non stock, non- profit educational
institutions used actually, directly and exclusively for educational
purposes shall be exempt from taxes and duties

iv. On constitutional appellate jurisdiction of the Supreme Court

Section 17, Article II: The State shall give priority to education, science and
technology, arts, culture and sports to foster patriotism and nationalism,
accelerate social progress and promote total human liberation and
development.
1. No law shall be passed increasing the appellate jurisdiction of the
Supreme Court without its advice and concurrence
2. No law granting title of royalty or nobility shall be passed.

Limitations on Legislative’s Plenary Powers b. Implied

1. Prohibition against irrepealable laws

1. Substantive
2. Non delegation of powers
a. Express
2. Procedural
i. Bill of Rights
a. One subject, one title
1. No law shall be passed abridging freedom of speech, of expression

Arriba, Bandiola, Cancio, Cuadra, Del Rosario, Hernandez, Matibag, Najarro, Santiago, Siaton, Tamonte | 14
b. 3 readings on separate days, printed copies of the bill in its final form must
be distributed to the members 3 days before its passage EXCEPT WHEN
THE PRESIDENT CERTIFIES ITS IMMEDIATE ENACTMENT DUE TO
PUBLIC CALAMITY OR EMERGENCY
c. Appropriations, reveue and tariff bills, bills authorizing the increase of
public debt, bills of local application and private bills shall exclusively
originate in the House of Representatives
State Policy on Family
SECTION 12, Article II: The State recognizes the sanctity of family life and
shall protect and strengthen the family as a basic autonomous social
institution. It shall equally protect the life of the mother and the life of the
unborn from conception. The natural and primary right and duty of parents in
the rearing of the youth for civic efficiency and the development of moral
character shall receive the support of the Government.
Residual Power of the President
Marcos vs Manglapus: The powers of the President are more than the sum
of the enumerated executive powers. The duty of the government to serve
and protect the people as well as to see the maintenance of peace and order
and the promotion of general welfare is the basis of the existence of residual
unstated power.
Whatever is not judicial, legislative is residual power exercised by the
President.
State Policy on Neutrality
SECTION 2, Article II: The Philippines renounces war as an instrument
of national policy, adopts the generally accepted principles of international
law as part of the law of the land and adheres to the policy of peace,
equality, justice, freedom, cooperation, and amity with all nations.
State Policy Communication
SECTION 24, Article II: The State recognizes the vital role of communication
and information in nation building.
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Limitations on Legislative Process in Appropriation Bills (ART VI, Sec
24-25)
SECTION 24. All appropriation, revenue or tariff bills, bills authorizing
increase of the public debt, bills of local application, and private bills
shall originate exclusively in the House of Representatives, but the
Senate may propose or concur with amendments.
SECTION 25. (1) The Congress may not increase the appropriations
recommended by the President for the operation of the Government as
specified in the budget. The form, content, and manner of preparation of the
budget shall be prescribed by law.
(2) No provision or enactment shall be embraced in the general
appropriations bill unless it relates specifically to some particular
appropriation therein. Any such provision or enactment shall be limited in
its operation to the appropriation to which it relates.
(3) The procedure in approving appropriations for the Congress shall
strictly follow the procedure for approving appropriations for other
departments and agencies.
(4) A special appropriations bill shall specify the purpose for which it is
intended, and shall be supported by funds actually available as certified
by the National Treasurer, or to be raised by a corresponding revenue
proposed therein.
(5) No law shall be passed authorizing any transfer of appropriations;
however, the President, the President of the Senate, the Speaker of the
House of Representatives, the Chief Justice of the Supreme Court, and the
heads of Constitutional Commissions may, by law, be authorized to augment
any item in the general appropriations law for their respective offices from
savings in other items of their respective appropriations.
(6) Discretionary funds appropriated for particular officials shall be
disbursed only for public purposes to be supported by appropriate
vouchers and subject to such guidelines as may be prescribed by law.
(7) If, by the end of any fiscal year, the Congress shall have failed to pass
the general appropriations bill for the ensuing fiscal year, the general
appropriations law for the preceding fiscal year shall be deemed
reenacted and shall remain in force and effect until the general
appropriations bill is passed by the Congress.
How should a President Veto? (Art VI, Sec 27)
1. Approval of Bill
a. He Signs it
2. President Vetoes it
a. Return the same with objections to the House where it
originated, House will enter objections at large in its journal
3. Congress overrides the veto
a. By 2/3 of all members of Congress
SECTION 27. (1) Every bill passed by the Congress shall, before it becomes
a law, be presented to the President. If he approves the same, he shall sign
it; otherwise, he shall veto it and return the same with his objections to the
House where it originated, which shall enter the objections at large in its
Journal and proceed to reconsider it. If, after such reconsideration, two-
thirds of all the Members of such House shall agree to pass the bill, it shall
be sent, together with the objections, to the other House by which it shall
likewise be reconsidered, and if approved by two-thirds of all the Members of
that House, it shall become a law. In all such cases, the votes of each House
shall be determined by yeas or nays, and the names of the Members voting
for or against shall be entered in its Journal. The President shall
communicate his veto of any bill to the House where it originated within thirty
days after the date of receipt thereof; otherwise, it shall become a law as if
he had signed it.
(2) The President shall have the power to veto any particular item or items in
an appropriation, revenue, or tariff bill, but the veto shall not affect the item
or items to which he does not object.
State Policy on Religion
Section, 6 Article II: The separation of Church and State shall be inviolable.
Legislative Process on Enactment of Revenue Bills
(Art VI, Sec 24, 26)
SECTION 24. All appropriation, revenue or tariff bills, bills authorizing
increase of the public debt, bills of local application, and private bills shall
originate exclusively in the House of Representatives, but the Senate may
propose or concur with amendments.
SECTION 26. (1) Every bill passed by the Congress shall embrace only one
subject which shall be expressed in the title thereof.
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(2) No bill passed by either House shall become a law unless it has passed
three readings on separate days, and printed copies thereof in its final form
have been distributed to its Members three days before its passage, except
when the President certifies to the necessity of its immediate enactment to
meet a public calamity or emergency. Upon the last reading of a bill, no
amendment thereto shall be allowed, and the vote thereon shall be taken
immediately thereafter, and the yeas and nays entered in the Journal.
Can the 3 readings of revenue bills be dispensed with?
Yes, provided that the President certifies its immediate enactment to
meet a public calamity or emergency. (Tolentino vs Secretary of Finance)
Section 26, Article VI: (2) No bill passed by either House shall become a law
unless it has passed three readings on separate days, and printed copies
thereof in its final form have been distributed to its Members three days
before its passage, except when the President certifies to the necessity of its
immediate enactment to meet a public calamity or emergency. Upon the last
reading of a bill, no amendment thereto shall be allowed, and the vote
thereon shall be taken immediately thereafter, and the yeas and nays
entered in the Journal.
Can printed copies in its final form WITH respect to revenue bills be
dispensed with?
Yes, provided that the President certifies its immediate enactment to
meet a public calamity or emergency. (Tolentino vs Secretary of Finance)
Section 26, Article VI: (2) No bill passed by either House shall become a law
unless it has passed three readings on separate days, and printed copies
thereof in its final form have been distributed to its Members three days
before its passage, except when the President certifies to the necessity of its
immediate enactment to meet a public calamity or emergency. Upon the last
reading of a bill, no amendment thereto shall be allowed, and the vote
thereon shall be taken immediately thereafter, and the yeas and nays
entered in the Journal.
Military Power of the President (Art VII, Sec 18)
SECTION 18. The President shall be the Commander-in-Chief of all armed
forces of the Philippines and whenever it becomes necessary, he may call
out such armed forces to prevent or suppress lawless violence,
invasion or rebellion. In case of invasion or rebellion, when the public
safety requires it, he may, for a period not exceeding sixty days, suspend the
privilege of the writ of habeas corpus or place the Philippines or any part
thereof under martial law. Within forty-eight hours from the proclamation of
martial law or the suspension of the privilege of the writ of habeas corpus,
the President shall submit a report in person or in writing to the Congress.
The Congress, voting jointly, by a vote of at least a majority of all its
Members in regular or special session, may revoke such proclamation or
suspension, which revocation shall not be set aside by the President. Upon
the initiative of the President, the Congress may, in the same manner,
extend such proclamation or suspension for a period to be determined by
the Congress, if the invasion or rebellion shall persist and public safety
requires it.
State Policy on Family
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 equally protect the life of the mother and the life of the unborn from
conception. The natural and primary right and duty of parents in the rearing
of the youth for civic efficiency and the development of moral character shall
receive the support of the Government.
State Policy on Education
SECTION 17. The State shall give priority to education, science and
technology, arts, culture, and sports to foster patriotism and nationalism,
accelerate social progress, and promote total human liberation and
development.
State Policy on Foreign Policy
SECTION 7. The State shall pursue an independent foreign policy. In its
relations with other states the paramount consideration shall be national
sovereignty, territorial integrity, national interest, and the right to self-
determination.
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Residual Powers of the President
The request or demand of the Marcoses to be allowed to return to the
Philippines cannot be considered in the light solely of the constitutional
provisions guaranteeing liberty of abode and the right to travel, subject to
certain exceptions, or of case law which clearly never contemplated
situations even remotely similar to the present one. It must be treated as a
matter that is appropriately addressed to those residual unstated powers
of the President which are implicit in and correlative to the paramount duty
residing in that office to safeguard and protect general welfare. In that
context, such request or demand should submit to the exercise of a broader
discretion on the part of the President to determine whether it must be
granted or denied. The power involved is the President's residual power
to protect the general welfare of the people. It is founded on the duty of
the President, as steward of the people. To paraphrase Theodore
Roosevelt, it is not only the power of the President but also his duty to do
anything not forbidden by the Constitution or the laws that the needs of the
nation demand. The President is not only clothed with extraordinary powers
in times of emergency, but is also tasked with attending to the day-to-day
problems of maintaining peace and order and ensuring domestic
tranquillity… (Marcos v. Manglapus)
When can President exercise Emergency Powers? Art VI, Sec 28 (2)
SEC. 23. (1) The Congress, by a vote of two-thirds of both Houses in joint
session assembled, voting separately, shall have the sole power to declare
the existence of a state of war.
(2) In times of war or other national emergency, the Congress may, by
law, authorize the President, for a limited period and subject to such
restrictions as it may prescribe, to exercise powers necessary and proper
to carry out a declared national policy. Unless sooner withdrawn by
resolution of the Congress, such powers shall cease upon the next
adjournment thereof.
Constitutional provisions on Separation of Powers among 3 branches
of Government? Art VI, Sec 1, Art VII, Sec 1, Art VIII, Sec 1 &2
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, except to the extent reserved to the people by the Effect if President certifies bill as a bill of local application? Can
provision on initiative and referendum. process be shortened?

SECTION 1. The executive power shall be vested in the President of the

Philippines.
SECTION 1. The judicial power shall be vested in one Supreme Court and
in such lower courts as may be established by law.
No, the President must certify to the necessity of its immediate enactment to
meet a public calamity or emergency. (not sure)
Tolentino vs. Secretary of Finance ~ reading of bill done in 1 day

Legislative Process on Bills of Local Application? Art VI, Sec 24; Art VI, The phrase "except when the President certifies to the necessity of its
Sec 26, 27 immediate enactment, etc." in Art. VI, § 26 (2) qualifies not only the
requirement that "printed copies [of a bill] in its final form [must be]
SECTION 24. All appropriation, revenue or tariff bills, bills authorizing distributed to the members three days before its passage" but also the
increase of the public debt, bills of local application, and private bills shall requirement that before a bill can become a law it must have passed "three
originate exclusively in the House of Representatives, but the Senate readings on separate days." This exception is based on the prudential
may propose or concur with amendments. consideration that if in all cases three readings on separate days are
required and a bill has to be printed in final form before it can be
SECTION 26. (1) Every bill passed by the Congress shall embrace only one passed, the need for a law may be rendered academic by the
subject which shall be expressed in the title thereof. occurrence of the very emergency or public calamity which it is meant
to address.
(2) No bill passed by either House shall become a law unless it has passed
three readings on separate days, and printed copies thereof in its final
form have been distributed to its Members three days before its “Simultaneously” OR “Successively” read by House? ~ Bills
passage, except when the President certifies to the necessity of its
immediate enactment to meet a public calamity or emergency. Upon the last
Successive. After the bill is approved on Third Reading, it will be submitted
reading of a bill, no amendment thereto shall be allowed, and the vote
to the House of Representatives for consideration. A bill passed by the
thereon shall be taken immediately thereafter, and the yeas and nays
Senate and transmitted to the House usually goes to a committee, unless a
entered in the Journal.
House bill on the same subject has already been reported out by the
appropriate committee and placed on the calendar.
SECTION 27. (1) Every bill passed by the Congress shall, before it becomes
a law, be presented to the President. If he approves the same, he shall
Under normal procedures, therefore, a bill passed by one chamber and
sign it; otherwise, he shall veto it and return the same with his objections to
transmitted to the other is referred to the appropriate committee, from which
the House where it originated, which shall enter the objections at large in its
it must follow the same route to passage as a bill originating from that
Journal and proceed to reconsider it. If, after such reconsideration, two-
chamber.
thirds of all the Members of such House shall agree to pass the bill, it shall
be sent, together with the objections, to the other House by which it shall
likewise be reconsidered, and if approved by two-thirds of all the Members of
Limitations on Legislative Powers of Congress:
that House, it shall become a law. In all such cases, the votes of each House
shall be determined by yeas or nays, and the names of the Members voting
for or against shall be entered in its Journal. The President shall 1. Substantive
communicate his veto of any bill to the House where it originated
within thirty days after the date of receipt thereof; otherwise, it shall a. Express
become a law as if he had signed it.
i. Bill of Rights

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1. No law shall be passed abridging freedom of speech, of expression a. One subject, one title

2. No law shall be made respecting an establishment of religion or b. 3 readings on separate days, printed copies of the bill in its final form must
prohibiting the free exercise thereof be distributed to the members 3 days before its passage EXCEPT WHEN
THE PRESIDENT CERTIFIES ITS IMMEDIATE ENACTMENT DUE TO
3. No law impairing the obligations of contracts shall be passed PUBLIC CALAMITY OR EMERGENCY
4. No ex-post facto law or bill of attainder shall be enacted c. Appropriations, reveue and tariff bills, bills authorizing the increase of
public debt, bills of local application and private bills shall exclusively
ii. On Appropriations
originate in the House of Representatives
1. The procedure in approving appropriations shall strictly follow the
procedure for approving appropriations for other departments or
agencies Bill of Attainder define. Example?

2. Prohibitions against use of public money or property for religious A bill of attainder is a legislative act which inflicts punishment without a trial
purpose

3. No specific funds shall be appropriated or paid for use or benefit of

any religion, sect except for priests assigned to the AFP or penal
institutions
iii. On taxation
1. No law granting any tax exemption shall be passed without the
concurrence of majority of all members of Congress
2. All money collected on any tax levied for a special purpose shalll
be treated as a special fund and paid out of such purpose only
3. All revenues and assets of non stock, non- profit educational
institutions used actually, directly and exclusively for educational
purposes shall be exempt from taxes and duties
iv. On constitutional appellate jurisdiction of the Supreme Court
1. No law shall be passed increasing the appellate jurisdiction of the
Supreme Court without its advice and concurrence
2. No law granting title of royalty or nobility shall be passed.
b. Implied
1. Prohibition against irrepealable laws
2. Non delegation of powers
People vs. Wansang ~ Bill of Attainder ~”Anti Subversion Act”
RA 7941 Party-List Mechanism
RA 7941: Mechanism of proportional representation in the election of
representatives to the House of Representatives from national, regional and
sectoral parties or organizations or coalitions thereof registered with the
COMELEC
Requisites/Documents:
1. Register by filing a Petition stating its desire to participate in the party list
system
a. Verified by its President
b. Not later than 90 days before the election
2. If already registered, file a Manifestation of desire to participate in the
party list system
a. Not later than 90 days before the election
How can a Party-List be able to send 1 rep to the HoR?
Nomination of Party-List Representatives
1. Each registered party shall submit a List of Names of at least 5
representatives to COMELEC not later than 45 days before the election

2. Procedural 2. A person may be nominated in 1 list only

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3. Only persons who have given their consent in writing may be named
in the list
4. The list shall not include any candidate for any elective office or a
person who lost his bid for an elective office in the immediately preceding
election
5. No change of names or alteration of the order of nominees shall be
allowed after the same shall have been submitted to the COMELEC except:
a. When the nominee withdraws in writing his nomination
b. When the nominee becomes incapacitated in which case the name of
the substitute nominee shall be placed last in the list
c. When the nominee dies
6. Incumbent sectoral representatives in the House of Representatives
who are nominated in the party list system shall not be considered resigned
Every voter shall be entitled to at least 2 votes:
1. One vote for the representative of legislative district
2. One vote for the party, organization or coalition he wants represented
Four Parameters
1. 20% Allocation: 20% of the total number of the House of
Representatives is the maximum number of seats available to party list
organizations
2. Two percenters: Guaranteed 1 seat for party lists garnering at least
2% of the total votes cast
3. Proportional representation: The remaining seats will be allocated in
proportion to their total votes until all seats are allocated
4. Three seat cap: Each qualified party regardless of the number of votes
it actually obtained is entitled to a maximum of 3 seats
INSTANCE WHEN LESS THAN 2% PARTY LIST STILL GUARANTEED A
SEAT?
Even if a party list failed to obtain 2% of the total votes cast, if there are
remaining seats to be allocated, there are 2 steps. First, the percentage is
multiplied by the remaining available seats. Second, assign 1 party list to
each of the parties next in rank until all are distributed.
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INQUIRY IN AID OF LEGISLATION (Art VI, Sec 21)
Section 21, Article VI: The Senate or the House of Representatives or any
of its respective committees may conduct inquiries in aid of legislation in
accordance with its duly published rules of procedure. The rights of persons
appearing in or affected by such inquiries shall be respected.
Is this inquiry an ABSOLUTE Power of Congress?
The power of Congress to conduct inquiries in aid of legislation
encompasses everything that concerns the administration of existing
laws, as well as proposed or possibly needed statutes. It even extends
to government agencies created by Congress and officers whose positions
are within the power of Congress to regulate or abolish. A mere provision of
law cannot pose a limitation to the broad power of Congress in the absence
of any constitutional basis.
Can President COMPEL Executive Officials to seek his consent first
before appearing before Congress in ~to this inquiry?
YES with reservations. In this case, a distinction was made between
inquiries in aid of legislation and the question hour. While attendance was
meant to be discretionary in the question hour, it was compulsory in
inquiries in aid of legislation.
In the case of Senate of the Phils. vs. Ermita, it was held that although the
Congress power of inquiry is expressly recognized in Section 21 of Article VI
of the Constitution, even where the inquiry is in aid of legislation, there are
still recognized exemptions which fall under the rubric of "executive
privilege." Executive Privilege is the power of the Government to withhold
information from the public, the courts, and the Congress.
Executive privilege is recognized only in relation to certain types of
information of a sensitive character. There is no recognition that executive
officials are exempt from the duty to disclose information by the mere fact of
being executive officials. The extraordinary character of the exemptions
indicates that the presumption inclines heavily against executive secrecy
and in favor of disclosure.
If there is a claim of executive privilege, it must be accompanied by a
specific allegation of the basis thereof. Congress has the right to know
why the executive considers the requested information privileged. It
does not suffice to merely declare that the President has determined that it is
so. A claim of privilege must be clearly asserted. BUT, Congress must not
require the executive to state the reasons for the claim with such particularity
as to compel disclosure of the information which the privilege is meant to
protect.
IN SHORT: If inquiry is for question hour, the consent of the President
for attendance is needed. If inquiry is in aid of legislation, the
attendance is compulsory. BUT the President can invoke executive
privilege and if the executive branch withholds such information on the
ground that it is privileged, it must so assert it and state the reason
therefor and why it must be respected.
Oversight Power of Congress
Section 22, Article VI: The heads of departments may upon their own
initiative, with the consent of the President, or upon the request of either
House, as the rules of each House shall provide, appear before and be
heard by such House on any matter pertaining to their departments.
Written questions shall be submitted to the President of the Senate or the
Speaker of the House of Representatives at least three days before their
scheduled appearance. Interpellations shall not be limited to written
questions, but may cover matters related thereto. When the security of the
State or the public interest so requires and the President so states in
writing, the appearance shall be conducted in executive session.
Rationale of Oversight Function: It is intended to enable the Congress to
determine how the laws it has passed are being implemented.
EMERGENCY POWERS OF PRESIDENT; When given? Examples? What
may be delegated to President?
c. Exercise must be for a limited period
d. Exercise must be necessary and proper to carry out a declared
national policy
e. Must be subject to restrictions that Congress may provide
Calling-Out Power of the President
Section 18 of Article VII: The President shall be the Commander-in-Chief of
all Armed Forces of the Philippines and whenever it becomes necessary, he
may call out such armed forces to prevent or suppress lawless
violence, invasion or rebellion. This involves ordinary police action. But
every act that goes beyond the President’s calling-out power is considered
illegal or ultra vires.
When the President calls out the armed forces to suppress lawless violence,
rebellion or invasion, he exercises a discretionary power solely vested in his
wisdom. The Court cannot overrule the President’s discretion or
substitute its own. The only criterion is that “whenever it becomes
necessary”.
State Policy on Education
Section 17, Article II: The State shall give priority to education, science and
technology, arts, culture, and sports to foster patriotism and nationalism,
accelerate social progress, and promote total human liberation and
development.

Section 23, Article VI: The Congress, by a vote of two-thirds of both Houses Rules on Succession: Presidency
in joint session assembled, voting separately, shall have the sole power to
declare the existence of a state of war. In times of war or other national
emergency, the Congress may, by law, authorize the President, for a limited
period and subject to such restrictions as it may prescribe, to exercise VACANCY AT THE BEGINNING OF THE TERM
powers necessary and proper to carry out a declared national policy. Unless
sooner withdrawn by resolution of the Congress, such powers shall cease Death VP shall become President
upon the next adjournment thereof. Permanent Disability

Conditions for the Exercise of the President of Emergency Powers

a. There must be a War or National Emergency President elect fails to qualify VP shall act as President until the
President-elect has qualified
b. There must be a Law authorizing the President to exercise emergency
powers

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President shall not have been chosen
No President/ No VP because:
Both not qualified;
Both died/ permanently disabled
VACANCY DURING THE TERM
Permanent Disability
Removal from Office
Resignation
Death
TEMPORARY DISABILITY
President transmits written declaration
to Senate President that he is unable to
discharge the powers and duties of his
office
VP shall act as President until the
President-elect has been chosen and
qualified
Senate President shall act as President
until a President or VP shall have been
chosen and qualified;
If Senate President is unable, Speaker of
the House shall act as President
VP shall become President
If VP also PRRD? Senate President shall
act as President until a President or VP
shall have been chosen and qualified
If Senate President is unable, Speaker of
the House shall act as President
Vice President shall discharge such powers
and duties as “Acting President” until
President transmits a written letter to the
contrary
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Majority of all the members of the
Cabinet transmits written declaration to
Senate President and the Speaker that
the President is unable to discharge the
powers and duties of his office
IN CASE OF VACANCY IN THE OFFICE OF P AND VP
10am of the 3rd day after the vacancy
occurs
State Policy Incorporation Theory
The Philippines renounces war as an instrument of national policy, adopts
the generally accepted principles of international law as part of the law of the
Vice President shall discharge such powers
and duties as “Acting President”
If President transmits his written declaration
that no inability exists, he shall reassume
his powers
If within 5 days, the majority of the
members of the Cabinet transmit written
declaration to Senate President and
Speaker that President is unable to
discharge his powers and duties, Congress
shall decide the issue
Congress will convene if in session; If not in
session, convene within 48 hours
* If in session, decide within 10 days
* If not in session, decide within 12 days
* Congress will vote separately
* If by vote of 2/3, they decide that
President is unable, Vice President shall
act as President
* If no 2/3 vote, President shall continue to
exercise his powers and duties
Congress shall convene and enact a law
within 7 days calling for a special election
to elect a President and VP
Special election shall not be earlier than 45
days and later than 60 days from the time
of such call
But no special election if vacancy occurs
within 18 months before the date of the
next presidential election
land and adheres to the policy of peace, equality, justice, freedom,
cooperation, and amity with all nations. Impeachment Process

a. VERIFIED COMPLAINT filed by: (1) A member of the HoR or (2) Any
State Policy on Education
citizen upon a resolution of endorsement by a member of the HoR;

SECTION 17. The State shall give priority to education, science and
b. The complaint is included in the ORDER OF BUSINESS within 10
technology, arts, culture, and sports to foster patriotism and nationalism,
session days;
accelerate social progress, and promote total human liberation and
development.
c. Referred to the proper COMMITTEE (Committee on Justice) within 3
Executive Clemencies session days thereafter;

Reprieves – postpones the execution of an offense to a day certain; d. The committee after hearing, and by a majority vote of ALL its
Commutation – a remission of a part of the punishment; a substitution of a members, shall submit its REPORT to the House within 60 session days
less penalty for the one originally imposed; from such referral, together with the corresponding resolution;

Remission of fines and forfeitures – it merely prevents the collection of fines e. Resolution shall be CALENDARED for consideration by the House
or confiscated property; it cannot have the effect of returning property which within 10 session days;
has been vested in third parties or money in the public treasury;
f. 1/3 vote is necessary to AFFIRM a favourable resolution or override a
rd

Parole – release from imprisonment, but without full restoration of liberty, as contrary resolution of the committee;
parolee is in custody of the law although not in confinement;
g. But where the complaint itself was filed by 1/3 of the members of the
rd

Pardon – act of grace which exempts an individual on whom it is bestowed House, there is no need to comply with the preceding steps. It shall
from punishment which the law inflicts for a crime he has committed. constitute the ARTICLES OF IMPEACHMENT;
(Discretionary and may not be controlled by the legislature or reversed by
the court, UNLESS there is a constitutional violation. h. The AoI is TRANSMITTED to the Senate and TRIAL shall proceed
therewith;
Amnesty – commonly denotes a general pardon to rebels for their treason or
other high political offenses, or the forgiveness which one sovereign grants
to the subjects of another, who have offended, by some breach, the law of i. Each Senator shall take an OATH or AFFIRMATION before assuming
nations. their office as Senator-Judges;

Grounds for Impeachment j. WRIT OF SUMMONS shall be issued to the impeached officer directing
him to:
- Appear before the Senate at a fixed date and place;
1. Culpable violation of the Constitution;
- File an answer to the AoI within 10 days. The Prosecutors may file a
2. Treason;
Reply to the answer within 5 days
3. Bribery;
4. Graft and corruption;
5. Other high crimes; k. The Senate sitting as an impeachment court shall be PRESIDED over
6. Betrayal of Public Trust by the Senate President; Exception: if the President is the one being
impeached;

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l. Upon the close of the trial, the Senator-judges shall VOTE on each of
the articles of impeachment separately;
m. In order to result in a conviction, at least 2/3rds of all members of the
Senate must CONCUR in one AoI.
SUBQUESTION: Who will promulgate rules on impeachment?
Article XI. Section 3(8) The Congress shall promulgate its rules on
impeachment to effectively carry out the purpose of this section.
State Policy on Foreign Troops
SECTION 7. The State shall pursue an independent foreign policy. In its
relations with other states the paramount consideration shall be national
sovereignty, territorial integrity, national interest, and the right to self-
determination.
Power of President to Deport an Alien
Under the present and existing laws, therefore, deportation of an undesirable
alien may be effected in two ways: by order of the President, after due
investigation, pursuant to Section 69 of the Revised Administrative Code,
and by the Commissioner of Immigration, upon recommendation by the
Board of Commissioners, under Section 37 of Commonwealth Act No. 613.
(Qua Chee Gan vs. The Deportation Board)
As observed by Justice Labrador, there is no legal nor constitutional
provision defining the power to deport aliens because the intention of the law
is to grant the Chief Executive "full discretion to determine whether an alien's
residence in the country is so undesirable as to affect or injure the security,
welfare or interest of the state. The adjudication of facts upon which
deportation is predicated also devolves on the Chief Executive whose
decision is final and executory." (Tan Tong vs. Deportation Board)
President’s Diplomatic Power
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No treaty or international agreement shall be valid and effective unless
concurred in by at least 2/3 of all the Members of the Senate. (Article VII,
rd
Sec. 21)
The power to ratify is vested in the President, subject to the concurrence of
the Senate. The role of the Senate, however, is limited only to giving or
withholding its consent, or concurrence to the ratification. Hence, it is within
the authority of the President to refuse to submit a treaty to the Senate or
having secured its consent for its ratification, refuse to ratify it. (vested in the
President alone and the courts cannot encroach upon it)
Other foreign affairs power:
1. The power to make treaties
2. The power to appoint ambassadors, other public ministers, and consuls
3. The power to receive ambassadors and other public ministers duly
accredited to the PH;
4. Deportation power
PREAMBLE – Purpose?
A preamble is an introductory statement that tells what a document's
purpose is. The preamble to our Philippine Constitution begins: "We
sovereign Filipino,people..." It is saying the people created the Constitution.
Why is the preamble important (purpose)? The preamble is the introduction
to the constitution. It was written to show what the constitution is meant to do
and how it was made to serve. The preamble is a very important part of the
Philippine Constitution.
LIMITATION ON LEGISLATIVE PROCESS APPROPRIATION BILLS
a. Special Appropriation Measure:
Constitutional Limitation:
- Must specify the PUBLIC PURPOSE for which the sum is to be intended;
- Must be supported by FUNDS actually available as certified to by the
National Treasurer, or to be raised by a corresponding revenue proposal
included therein.
b. General Appropriations Law:
Constitutional Limitation:
- Shall ORIGINATE exclusively in the HoR;
- Congress may not INCREASE the appropriations recommended by the
President for the operation of the government
- No provision or enactment shall be embraced in the GAB unless it
RELATES specifically to some particular appropriation therein;
- FORM, content and manner of preparation of budget shall be prescribed by
law;
- Shall strictly follow the PROCEDURE for approving appropriations for
other departments and agencies;
- Prohibition against enactment of laws authorizing transfer of appropriations
(doctrine of AUGMENTATION)
- DISCRETIONARY funds appropriated for particular officials shall be
disbursed only for public purpose;
- AUTOMATIC re-appropriation;
- Appropriation for SECTARIAN purposes;
- General Appropriations Law must be based on the budget prepared by the
President.
c. Implied Limitation:
- Appropriation must be DEVOTED to a public purpose;
- The sum authorized to be released must be DETERMINATE or at least
determinable.
Item Veto
It is the power of an Executive to veto separate items of a bill without vetoing
the entire bill. Item veto is allowed in case of appropriation, revenue, and
tariff bills.
Bengzon vs. Drilon
In 1990, Congress sought to reenact some old laws (i.e. Republic Act No.
1797) that were “repealed” during the time of former President Ferdinand
Marcos. These old laws provided certain retirement benefits to retired
judges, justices, and members of the constitutional commissions. Congress
felt a need to restore these laws in order to standardize retirement benefits
among government officials. However, President Corazon Aquino vetoed the
bill (House Bill No. 16297) on the ground that the law should not give
preferential treatment to certain or select government officials.
Meanwhile, a group of retired judges and justices filed a petition with the
Supreme Court asking the court to readjust their pensions. They pointed out
that RA 1797 was never repealed (by P.D. No. 644) because the said PD
was one of those unpublished PDs which were subject of the case of
Tañada v. Tuvera. Hence, the repealing law never existed due to non
Arriba, Bandiola, Cancio, Cuadra, Del Rosario, Hernandez, Matibag, Najarro, Santiago, Siaton, Tamonte | 25
publication and in effect, RA 1797 was never repealed. The Supreme Court
then readjusted their pensions.
Congress took notice of the readjustment and son in the General
Appropriations Bill (GAB) for 1992, Congress allotted additional budget for
pensions of retired justices. Congress however did the allotment in the
following manner: Congress made an item entitled: “General Fund
Adjustment”; included therein are allotments to unavoidable obligations in
different branches of the government; among such obligations is the
allotment for the pensions of retired justices of the judiciary.
However, President Aquino again vetoed the said lines which provided for
the pensions of the retired justices in the judiciary in the GAB. She explained
that that portion of the GAB is already deemed vetoed when she vetoed H.B.
16297.
This prompted Cesar Bengzon and several other retired judges and justices
to question the constitutionality of the veto made by the President. The
President was represented by then Executive Secretary Franklin Drilon.
ISSUE: Whether or not the veto of the President on that portion of the
General Appropriations bill is constitutional
HELD: No. The Justices of the Court have vested rights to the accrued
pension that is due to them in accordance to Republic Act 1797 which was
never repealed. The president has no power to set aside and override the
decision of the Supreme Court neither does the president have the power to
enact or amend statutes promulgated by her predecessors much less to the
repeal of existing laws.
The Supreme Court also explained that the veto is unconstitutional
since the power of the president to disapprove any item or items in the
appropriations bill does not grant the authority to veto part of an item
and to approve the remaining portion of said item. It appears that in the
same item, the Presidents vetoed some portion of it and retained the others.
This cannot be done. The rule is: the Executive must veto a bill in its entirety
or not at all; the Executive must veto an entire line item in its entirety or not
at all. In this case, the president did not veto the entire line item of the
general adjustment fund. She merely vetoed the portion which pertained to
the pensions of the justices but did not veto the other items covering
obligations to the other departments of the government.
State Policy on Foreign Troops
SECTION 7. The State shall pursue an independent foreign policy. In its
relations with other states the paramount consideration shall be national
sovereignty, territorial integrity, national interest, and the right to self-
determination.
Concurrent Appellate Jurisdiction of Supreme Court
Concurrent with Court of Appeals exercising its appellate jurisdiction by way
of petition for review on certiorari against the RTC on pure questions of law
(not sure)
State Policy on Science
Section 17. The State shall give priority to education, science and
technology, arts, culture, and sports to foster patriotism and nationalism,
accelerate social progress, and promote total human liberation and
development.
PROCESS: Health of President Art VII, Sec 11, 12
Art VII, Sec 11, 12
Section 11. Whenever the President transmits to the President of the Senate
and the Speaker of the House of Representatives his written declaration
that he is unable to discharge the powers and duties of his office, and
until he transmits to them a written declaration to the contrary, such powers
and duties shall be discharged by the Vice-President as Acting President.
Whenever a majority of all the Members of the Cabinet transmit to the
President of the Senate and to the Speaker of the House of Representatives
their written declaration that the President is unable to discharge the powers
and duties of his office, the Vice-President shall immediately assume the
powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President of the Senate and
to the Speaker of the House of Representatives his written declaration that
no inability exists, he shall reassume the powers and duties of his office.
Meanwhile, should a majority of all the Members of the Cabinet transmit
within five days to the President of the Senate and to the Speaker of
the House of Representatives, their written declaration that the
President is unable to discharge the powers and duties of his office,
the Congress shall decide the issue. For that purpose, the Congress shall
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convene, if it is not in session, within forty-eight hours, in accordance with its
rules and without need of call.
If the Congress, within ten days after receipt of the last written declaration,
or, if not in session, within twelve days after it is required to assemble,
determines by a two-thirds vote of both Houses, voting separately, that the
President is unable to discharge the powers and duties of his office, the
Vice-President shall act as President; otherwise, the President shall continue
exercising the powers and duties of his office.
Section 12. In case of serious illness of the President, the public shall be
informed of the state of his health. The members of the Cabinet in charge of
national security and foreign relations and the Chief of Staff of the Armed
Forces of the Philippines, shall not be denied access to the President during
such illness.
Constitutional Provisions for Initiative and Referendum
ARTICLE VI
THE LEGISLATIVE DEPARTMENT
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,
except to the extent reserved to the people by the provision on initiative and
referendum.
Section 32. The Congress shall, as early as possible, provide for a system of
initiative and referendum, and the exceptions therefrom, whereby the people
can directly propose and enact laws or approve or reject any act or law or
part thereof passed by the Congress or local legislative body after the
registration of a petition therefor signed by at least ten per centum of the
total number of registered voters, of which every legislative district must be
represented by at least three per centum of the registered voters thereof.
ARTICLE XVII Section 2
Section 2. Amendments to this Constitution may likewise be directly
proposed by the people through initiative upon a petition of at least twelve
per centum of the total number of registered voters, of which every
legislative district must be represented by at least three per centum of the
registered voters therein. No amendment under this section shall be
authorized within five years following the ratification of this Constitution nor
oftener than once every five years thereafter.
The Congress shall provide for the implementation of the exercise of this i. The legislation by local governments is not regarded as a
right. transfer of general legislative power, but rather as the grant of the
authority to prescribed local regulations, according to immemorial
practice, subject of course to the interposition of the superior in
Can President in wanting a Parliamentary government be done so cases of necessity.
through Initiative and Referendum?
Emergency Powers of President. What can be delegated?
No, only through Con-Con, Constitutional Convention is a body
organized and convened for the purpose of framing and adopting a
Article VI. Section 23 (2). In times of war or other national emergency, the
new constitution, or of revising and amending the current one. The
Congress may, by law, authorize the President, for a limited period and
delegates of the Constituent body are either chosen or elected by the people
subject to such restrictions as it may prescribe, to exercise powers
as may be provided by law.
necessary and proper to carry out a declared national policy. Unless sooner
withdrawn by resolution of the Congress, such powers shall cease upon the
next adjournment thereof.
Example of Delegation of Powers
Incorporation Theory
a) Delegation to the People at large
i. Through initiative and referendum The incorporation theory mandates that the Philippines is bound by generally
ii. A plebiscite is required in the creation, division, merger, accepted principles of international law which automatically form part of
abolition of province, city, municipality or barangay or the alteration Philippine law by operation of the Constitution.
of its boundary
b) Emergency powers of the President
i. Article VI Section 23 Par (2) “Concurrence of Power” in the Legislative and Executive branch”
In times of war or other national emergency, the Congress may, by
law, authorize the President, for a limited period and subject to The grant of amnesty by the President is subjected to the concurrence
such restrictions as it may prescribe, to exercise powers necessary of a majority of all members of the Congress, Amnesty is an act of grace
and proper to carry out a declared national policy. Unless sooner by the President extended to groups of persons who committed political
withdrawn by resolution of the Congress, such powers shall cease offenses. It requires the concurrence of the legislature and puts into oblivion
upon the next adjournment thereof. the offense itself
c) Tariff powers of the president
i. The Congress may, by law, authorize the President to fix “Blending of Powers”
within specified limits, and subject to such limitations and
restrictions as it may impose, tariff rates, import and export quotas, a) The president prepares a budget and Congress enacts an appropriation
tonnage and wharfage dues, and other duties or imposts within the bill pursuant to that budget
framework of the national development program of the
Government.
d) Delegation to Administrative Bodies b) The president enters into a treaty with foreign countries and the Senate
i. Quasi-Legislative power – the authority delegated by the law ratifies the same
making body to the administrative body to adopt rules and
regulations intended to carry out the provisions of a law and c) The grant of amnesty by the President is subjected to the concurrence of
implement the legislative policy a majority of all members of the Congress
e) Delegation to Local Government Units

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“Separation of Powers”
Legislative Department is generally limited to the enactment of the law and
not to implementation or interpretation of the same;
Executive Department is generally limited to the implementation of the law
and not to the enactment or interpretation of the same;
Judicial Department is generally limited to the interpretation and application
of laws in specific cases and not to the making or implementation of the
same.
“Checks and Balances”
a. President
i. His approval is required in the law-making power of the congress. He may
exercise veto power;
ii. May nullify a conviction in a criminal case by pardoning the offender
b. Congress
i. May override the veto power of the president may a vote of 2/3 of all the
members of each house;
ii. Judicial power of trying impeachment cases
c. Judiciary
i. In general, has the power to declare invalid an act done by the Congress,
the President and his subordinates, or the Constitutional Commissions
State Policy on Family
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
equally protect the life of the mother and the life of the unborn from
conception. The natural and primary right and duty of parents in the rearing
of the youth for civic efficiency and the development of moral character shall
receive the support of the Government.
Manifestations of Republicanism
a) Ours is a government of law and not of men
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b) Rule of Majority
c) Accountability of Public Officers
d) Bill of Rights
e) Legislature cannot pass irrepealable laws
f) Separation of powers
Accountability of Public Officers
State Policy on Health
SECTION 15. The State shall protect and promote the right to health of the
people and instill health consciousness among them.
Appointing Power of the President Art VI, Sec 16
SECTION 16. The President shall nominate and, with the consent of the
Commission on Appointments, appoint the heads of the executive
departments, ambassadors, other public ministers and consuls, or officers of
the armed forces from the rank of colonel or naval captain, and other officers
whose appointments are vested in him in this Constitution. He shall also
appoint all other officers of the Government whose appointments are not
otherwise provided for by law, and those whom he may be authorized by law
to appoint. The Congress may, by law, vest the appointment of other officers
lower in rank in the President alone, in the courts, or in the heads of
departments, agencies, commissions, or boards.
The President shall have the power to make appointments during the recess
of the Congress, whether voluntary or compulsory, but such appointments
shall be effective only until after disapproval by the Commission on
Appointments or until the next adjournment of the Congress. (Read MemAid,
page 43-46)
State Policy on Civilian Authority
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 State.
Its goal is to secure the sovereignty of the State and the integrity of the
national territory.
State Policy on Religion
Section, 6 Article II: The separation of Church and State shall be inviolable.
 Article 1. National Territory
Formalities of a Statute
The national territory of the Philippines comprises:
Concept of Enrolled Bill: Importance
1) The Philippine archipelago;
An enrolled bill is one duly introduced and finally passed by both Houses, 2) All other territories over which the Philippines has sovereignty or
authenticated by the proper officers of each, and approved by the President. jurisdiction;
It is conclusive upon Courts as regards the tenor of the measure
passed by Congress and approved by the President. NOTE:
PHILIPPINE ARCHIPELAGO – that body of water studded with islands
Oath of Office of President which is delineated in the Treaty of Paris (1898), as amended by the
Treaty of Washington (1900) and the Treaty with Great Britain (1930).
Article VII, Sec. 5. Before they enter on the execution of their office, the – consists of its:
President, VP, or the Acting President shall take the oath or affirmation. a) Terrestrial
b) Fluvial
Treaty Making Power of President c) Aerial domains

No treaty or international agreement shall be valid and effective unless
concurred in by at least 2/3 of all the Members of the Senate. (Article VII,
rd
Sec. 21)
The power to ratify is vested in the President, subject to the concurrence of
the Senate. The role of the Senate, however, is limited only to giving or
withholding its consent, or concurrence to the ratification. Hence, it is within
the authority of the President to refuse to submit a treaty to the Senate or
having secured its consent for its ratification, refuse to ratify it. (vested in the
President alone and the courts cannot encroach upon it)
Other foreign affairs power:
1. The power to make treaties
2. The power to appoint ambassadors, other public ministers, and consuls
3. The power to receive ambassadors and other public ministers duly
accredited to the PH;
4. Deportation power
State Policy on Posse Comitatus
SECTION 4. The prime duty of the Government is to serve and protect the
people. The Government may call upon the people to defend the State and,
in the fulfillment thereof, all citizens may be required, under conditions
provided by law, to render personal military or civil service.
– including its
a) Territorial sea
b) The seabed
c) The subsoil
d) The insular shelves; and
e) The other submarine areas
INTERNAL WATERS – the waters Around, Between and Connecting (ABC)
the islands of the archipelago, regardless of their breadth and dimensions.
ALL OTHER TERRITORIES OVER WHICH THE PHILIPPINES HAS
SOVEREIGNTY OR JURISDICTION – includes any territory that presently
belongs or might in the future belong to the Philippines through any of the
accepted international modes of acquiring territory.
ARCHIPELAGIC PRINCIPLE
Two elements:
1. The definition of internal waters;
2. The straight baseline method of delineating the territorial sea – consists of
drawing straight lines connecting the outermost points on the coast without
departing to any appreciable extent from the general direction of the coast.
IMPORTANT DISTANCES with respect to the waters around the
Philippines:

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-Territorial Sea - 12 nautical miles (n.m.)
-Contiguous Zone - 12 n.m. from the edge of the territorial sea
-Exclusive Economic Zone - 200 n.m. from the baseline [includes T.S. and
C.Z.]
NOTE: There can be a Continental Shelf without an EEZ, but not an EEZ
without a Continental Shelf.
TERRITORIAL SEA: The belt of the sea located between the coast and
internal waters of the coastal state on the one hand, and the high seas on
the other, extending up to 12 nautical miles from the low water mark.
CONTIGUOUS ZONE: Extends up to 12 nautical miles from the territorial
sea. Although not part of the territory, the coastal State may exercise
jurisdiction to prevent infringement of customs, fiscal, immigration or sanitary
laws.
EXCLUSIVE ECONOMIC ZONE: Body of water extending up to 200
nautical miles, within which the state may exercise sovereign rights to
explore, exploit, conserve and manage the natural resources
State Policy on Human Rights
SECTION 11. The State values the dignity of every human person and
guarantees full respect for human rights.
Legislative Investigation
Legislative Inquiries – may refer to the implementation or re-examination of
any law or appropriation or in connection with any proposed legislation or for
the formulation of or in connection with future legislation, or will aid in the
review or formulation of a new legislative policy or enactment (in aid of
legislation).
Limitations on the power of Legislative Investigation:
a.It must be in aid of legislation;
b. In accordance with duly published rules of procedures;
c. Right of person appearing in or affected by such inquiry shall be respected
The Power of Investigation includes:
a.The power to issue summons and notices;
b. The power to punish or declare a person in contempt; and
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c. The power to determine the rules of its proceedings
State Policy on Religion
Section, 6 Article II: The separation of Church and State shall be inviolable.
Creation of Legislative Districts
The House of Representatives shall be composed of not more than two
hundred and fifty members, unless otherwise fixed by law, who shall be
elected from legislative districts apportioned among the provinces, cities,
and the Metropolitan Manila area in accordance with the number of their
respective inhabitants, and on the basis of a uniform and progressive ratio,
and those who, as provided by law, shall be elected through a party-list
system of registered national, regional, and sectoral parties or organizations.
Each legislative district shall comprise, as far as practicable, contiguous,
compact, and adjacent territory. Each city with a population of at least
two hundred fifty thousand, or each province, shall have at least one
representative.
--
Within three years following the return of every census, the Congress
shall make a reapportionment of legislative districts based on the standards
provided in this section.
Standards: apportioned among the provinces, cities, and the Metropolitan
Manila area in accordance with the number of their respective inhabitants,
and on the basis of a uniform and progressive ratio, and those who, as
provided by law, shall be elected through a party-list system of registered
national, regional, and sectoral parties or organizations.
SEPT 24 RECIT – EXECUTIVE BRANCH
138. Imelda Marcos case
139. Dulce Aquino case
140. Grace Poe case 161. POWER OF PRES TO PLACE LGU UNDER PREVENTIVE

141. Marcos v. COMELEC SUSPENSION?

142. Qualifications of the President 162. Define GENERAL SUPERVISION

143. Tecson case 163. Free Telephone Workers case

144. FPJ case ~nationality 164. SARMIENTO V. MISON

145. DISQUALIFICATIONS OF MEMBERS OF EXECUTIVE V. 165. CJ Corona case

LEGISLATIVE 166. Other Powers of President

146. Salaries 167. Military power cases

147. DRILON V. EXECUTIVE SECRETARY 168. Review on Marcos case

148. PRIVILEGES OF HEAD OF STATE 169. Lansang v. Garcia

149. Who determines national security matters? 170. Aquino v. Ponce Enrile

150. Why is the President considered the Head of the State?

151. MARCOS V. MANGLAPUS

FUNDAMENTAL POWERS OF THE STATE & BILL OF RIGHTS
152. RESIDUAL POWER 171. Are the 3 powers governed by the same limitations?
153. GRADUATED POWER
172. What are the LIMITATIONS OF EACH POWER?
154. DAVID V. ARROYO
173. What are the objects in government’s exercise of police power?
155. Is the calling out power of Pres a constitutional or justiciable Eminent Domain? Taxation?

question 174. What is DUE PROCESS

156. Head of State in PARLIAMENTARY GOVT

175. PROCEDURAL DUE PROCESS? REQS
157. Head of State in PRESIDENTIAL GOVT
176. SUBSTANTIVE DUE PROCESS? REQS
158. POWERS OF PRESIDENT OVER DEPARTMENTS/BUREAUS
177. ADMINISTRATIVE DUE PROCESS? REQS
159. POWERS OF PRESIDENT OVER LOCAL GOVT. UNITS

160. POWERS OF DILG SECRETARY 178. CRIMINAL DUE PROCESS? REQS

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179. What is POLICE POWER?  There is NO appropriation for public use, in general because
nobody else acquires the use of the property or any interest therein
180. LIMITATIONS IN EXERCISE OF POLICE POWER
a. Lawful subject
b. Lawful means 190. PHIL PRESS INSTITUTE V. COMELEC
C. When exercised by delegate
1. Must be an express grant by law
2. Within territorial limits if applicable 191. ANG TIBAY V. CIR
3. Must not be contrary to law “opportunity to be heard” as a right

181. Proper exercise of Police Power

1. The interests of the public generally, as distinguished from those of a 192. Provisions on ECONOMIC EQUALITY
particular class, require the interference by the State Art III, Sec 1
Art II, Sec 14
2. The means employed are reasonably necessary for the attainment of Art XIII, Sec 1-3 Social Justice
the object sought and not unduly oppressive upon individuals
193. Provisions on POLITICACL EQUALITY
182. ERMITA MALATE HOTEL V. CITY OF MANILA Art IX-C, Sec 10
-hotels & motels’ clients were required by the City Council to list down their Art III, Sec 11
personal circumstances upon checking-in. Hotel & Motel were required to Art XIII, Sec 13
pay license fees
--This case was overruled by what case?
194. Provisions on SOCIAL EQUALITY
Art XIII, Sec 1
183. What is the POWER OF EMINENT DOMAIN? REQS
195. ART. III - BILL OF RIGHTS divided into 3 parts
184. What is the concept of TAKING in the Constitutional sense? I. Reqs of FAIR PROCEDURE
II. RIGHTS OF THE ACCUSED
III. ____
185. US V. COSBY
196. I. A. ARRESTS, SEARCHES, SEIZURES
186. HOW DO YOU FIX JUST COMPENSATION? -NOTE REQS AND EXCEPTIONS

187. EPZA V. DULAY 197. Conditions for issuance of search warrants?

188. LIMITATIONS TO THE GOVT’S EXERCISE OF POWER OF 198. STONEHILL V. DIOKNO

EMINENT DOMAIN?
-must be for public purpose + just compensation
199. When is warrantless arrest valid?
189. WHY is payment of just compensation required in the exercise of
eminent domain BUT NOT in the exercise of police power? 200. What is more stringent to issue –warrant of arrest OR search
warrant?

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 215. for writ of habeas corpus correlate with President’s power on
201. EXCLUSIONARY RULE – when applicable? suspension of writ

202. Can there be a civil action for damages in case of violation of

process of issuance of warrant? 216. FREEDOM OF EXPRESSION
FREEDOM OF RELIGION
-Free exercise
203. I.B.RIGHTS OF PERSONS UNDER CUSTODIAL
-NON-ESTABLISHMENT CLAUSE
INVESTIGATION (SEC 12)
- Miranda v. Arizona “MIRANDA RIGHTS”
217. CONTENT-BASED RESTRICTIONS; TESTS
1. DANGEROUS TENDENCY TEST
204. When does Custodial Investigation Phase begin?
2. CLEAR AND PRESENT DANGER TEST
3. GRAVE BUT IMPROBABLY TEST
205. Does the exclusionary rule apply? 4. DIRECT INCITEMENT TEST
5. BALANCING OF INTEREST TEST
206. I.C. RIGHT TO BAIL – When is it a matter of right or matter of
discretion in court? 218. What happens to the rights in case of declaration of MARTIAL
LAW?
207. What are the standards for facing bail?
219. Intellectual Property v. Immorality
208. Is a person subject of EXTRADITION subject to right of bail? ~Freedom of expression

209. RIGHTS OF ACCUSED (MEMORIZE!) 220. Prohibitions on art v. freedom of expression

210. Which rights of accused cannot be waived? Which can be waived? 221. LIMITS ON RIGHT TO ASSOCIATE

211. Instances when accused required to be present: 222. LIBEL V. FREEDOM OF SPEECH/ EXPRESSION
1. Arraignment Sec. 4(c))4) of RA No. 10125 otherwise known as the Cybercrime
2. Identified Prevention Act of 2012 which punishes libel does not violate the
3. Judgment promulgated right to the free expression and that the government has the
obligation to protect private individuals from defamation. The
jurisprudential requirement of “actual malice and the legal
212. In What transactions, in what proceedings may RIGHT AGAINST
protection afforded by “privilege communications “ all ensure that
SELF-INCRIMINATION be applicable?
protected speech remains guarded. As long as the expression or
speech falls within the protected sphere, it is the solemn duty of the
213. RIGHT TO PRIVACY – is it express of implied in the Bill of rights? courts to ensure that the rights of the people are protected.

214. What kinds of punishment are allowed to be imposed against –

excessive fines; evil/ degrading; involuntary servitude; imprisonment for non-
payment of debts; ex post fact; bill of attainder; double jeopardy; 223. NATIONAL SECURITY V. FREEDOM OF SPEECH/ EXPRESSION

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 In matters relating to the national security of the Philippines, tests of
valid government interference can be applied.
1. Clear and Present Danger Rule- inquires on whether
words are used in such circumstance and of such nature
as to create a clear and present danger that will bring
about the substantive evil that the state has a right to
prevent.
2. Dangerous Tendency Rule- it states that a person can be
punished for words uttered which create a dangerous
tendency, or which will cause or bring about, a substantive
evil which the state has a right to prevent.
3. balancing of Interests rule- a principle which requires a
court to consider the circumstances in each particular
case and thereafter, it shall settle the issue of which right
demands greater protection.
224. ADMINISTRATION OF JUSTICE V. FOE
The leading case of U.S v. Bustos, is the authority for the rule that
the individual is given the widest latitude in criticism of official
conduct. However in People vs. Alarcon, it was held that
newspaper publications tending to impede, obstruct, embarrass or
influence the court in administration of justice in a pending suit or
proceeding constitutes criminal contempt which is summarily
punishable by the courts.
225. Can FREEDOM OF INFORMATION be suppressed?
Exceptions to the right of information:
The right does not extend to matters recognized as privileged
information rooted in the separation of powers, nor to information
on military and diplomatic secrets, information regarding national
security and information on investigations of crimes by law
enforcement agencies before the prosecution of the accused. )
Garcia v. Board of Investments
226. Criticism against corrupt public officials v. Freedom of Speech/
Expression
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The people have a right to scrutinize and comment in the conduct
of their chosen representatives in the government. As long as their
comments are made in good faith and with justifiable ends, they are
insulated from prosecution or damage suits for defamation even if
such views are found to be inaccurate or erroneous. However, in
order that such discreditable imputation to a public official may be
actionable, it must be either be a false allegation of fact or a
comment based on a false supposition. ( Borjal vs. CA)
227. Can radio broadcasts be restricted?
Yes. The regulatory bodies are Kapisanan ng mga Broadkaster sa
Pilipinas (KBP) and Movie and Review Review and Classification
Board. (MTRCB)
228. FREEDOM OF ASSEMBLY GOVERNED BY:
1. Content-based restrictions
A government regulation is sufficiently justified if it is within the constitutional
power of the Government, if it furthers an important or substantial
governmental interest; if the governmental interest is unrelated to the
suppression of free expression; and if the incident restriction on alleged First
Amendment freedoms is no greater than is essential to the furtherance of
that interest.
2. Purpose Test- determining the purpose for which it was held regardless of
the auspices under which it was organized.
229. PRIMECIAS V. FUGOSO
This case is an action of mandamus instituted by petitioner Cipriano
Primicias, manager of the Coalesced Minority Parties, against
respondent Manila City Mayor, Valeriano Fugoso, to compel
thelatter to issue a permit for the holding of a public meeting at the
Plaza Miranda on Nov 16, 1947. The
petitioner requested for a permit to hold a “peaceful public
meeting”.
However, the respondent refused
to issue such permit because he found “that there is a reasonable
ground to believe, basing upon
previous utterances and upon the fact that passions, specially on
the part of the losing groups, remains bitter and high, that similar
speeches will be delivered tending to undermine the faith and
confidence of
the people in their government, and in the duly peace and a
disruption of public order.”
Respondent based his refusal to the Revised Ordinances of 1927
prohibiting as an offense against public peace, and penalizes as a
misdemeanor, "any act, in any public place, meeting, or procession,
tending to disturb thepeace or excite a riot; or collect with other
persons in a body or crowd for any unlawful purpose; or disturb or
disquiet any congregation engaged in any lawful assembly."
Included herein is Sec. 1119, Free use of Public Place.
ISSUE:
Whether or not the Mayor has the right to refuse to issue permit
hence violating freedom of assembly.
HELD:
The answer is negative. Supreme Court states that the freedom of
speech, and to peacefully assemble and petition the government
for redress of grievances, are fundamental personal rights of the
people recognized and guaranteed by the constitution. However,
these rights are not absolute. They can
be regulated under the state’s police power –
that they should not be injurious to the equal enjoyment of others
having equal rights, nor to the rights of the community or
society.The Court holds that there can be 2 interpretations of Sec.
1119: 1) the Mayor of the City of Manila is vested with unregulated
discretion to grant or refuse, to grant permit for the holding of a
lawful assembly or meeting, parade, or procession in the streets
and other public places of the City of Manila;and 2) The right of the
Mayor is subject to reasonable discretion to determine or specify
the streets or public places to be used with the view to prevent
confusion by overlapping, to secure convenient use of the streets
and public places by others, and to provide adequate and proper
policing to minimize the risk of disorder.The court favored the
second construction since the first construction is tantamount to
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authorizing the Mayor to prohibit the use of the streets. Under our
democratic system of government no such unlimited power may be
validly granted to any officer of the government, except perhaps in
cases of national emergency. It is to be noted that the permit to be
issued is for the use of public places and not for the assembly itself
Fear of serious injury cannot alone justify suppression of free
speech and assembly. It is the function of speech to free men from
the bondage of irrational fears. To justify suppression of free
speech there must be reasonable ground to fear that serious evil
will result if free speech is practiced. There must be reasonable
ground to believe that the danger apprehended is imminent. There
must be reasonable ground to believe that the evil to be prevented
is a serious one . The fact that speech is likely to result in some
violence or in destruction of property is not enough to justify its
suppression. There must be the probability of serious injury to the
state.
230. HERMAN V. BARANGAN
FACTS:
One afternoon in October 1984, Reli German et al went to JP Laurel Sreet to
pray and worship at the St. Jude Chapel. But they were barred by General
Santiago Barangan from entering the church because the same is within the
vicinity of the Malacañang. And considering that German’s group is
expressively known as the August Twenty One Movement who were
wearing yellow shirts with clench fists, Barangan deemed that they were not
really there to worship but rather they are there to disrupt the ongoings
within the Malacañang.
ISSUE: Whether or not the bar disallowing petitioners to worship and pray at
St. Luke’s is a violation of their freedom to worship and locomotion.
HELD:
NOI.n the case at bar, German et al were not denied or restrained of their
freedom of belief or choice of their religion, but only in the manner by which
they had attempted to translate the same into action. There has been a clear
manifestation by Barangan et al that they allow German et al to practice their
religious belief but not in the manner that German et al impressed. Such
manner impresses “clear and present danger” to the executive of the state
hence the need to curtail it even at the expense of curtailing one’s freedom
to worship.
 The exercise of the right to religious freedom must be done in good
faith without fear of ulterior motive. While it is beyond debate that
every citizen has the undeniable and inviolable right to religious
freedom, the exercise thereof, and of all fundamental rights for that
matter, must be done in good faith.
231. RECALIBRATED RESPONSE
The Calibrated Preemptive Response (CPR) is a policy of the
Philippine Government under the Arroyo administration, aimed at
preventing plans of anti-government groups that would inflame
political situation in the country.
The basic call of the government authorities during the
implementation of the CPR is not to allow protests and rallies to
occur. This is to entail a strict implementation "no-permit-no-rally-
policy." The policy was implemented on September 22, 2005,
coinciding with the 33rd anniversary of the proclamation of Martial
Law in 1972 by President Ferdinand Marcos.
232. NAVARRO V. VILLEGAS
FACTS:On February 24, 1970, the petitioner, acting in behalf of the
Movement of a Democratic Philippines, wrote a letter to the
respondent, the Mayor of the city of Manila, applying to hold a rally
at Plaza Miranda February 26, 1970, from 4-11pm.On the same
day, the respondent wrote a reply, denying his request on the
grounds that,the have temporarily adopted the policy of not issuing
any permit for the used of Plaza Miranda for rallies or
demonstration during weekdays due to the events that happened
from the past week.On the same letter, the respondent gave the
petitioner an option to use the Sunken Garden near Intramuros for
its rally, and for it to be held earlier for it to end before dark.The
petitioner filed suit contesting the Mayor’s action on the ground that
it violates the petitioner’s right to peaceable assemble and petition
the government for redress of grievances (ART. 3, sec 1(8)) and of
the petitioner’s right to the equal protection of the law (art. 3, sec.
ISSUE:Whether or not the respondents act on denying the request
of the petitioner violates the petitioners’ Right to peaceable
assembly and right to the equal protection of the law.
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Held:The right of peaceable assemble is subject to regulation under
the police power of the state.The right to freedom of speech and
peaceful assembly, though granted by the Constitution, is not
absolute for it may be regulated in order that it may not be injurious
to the equal enjoyment of others having an equal right of
community and society, This power may be exercised under the
police power of the state, which is the power of the state, which is
the power to prescribe regulations to promote the health, morals,
peace,education, and good order, safety and general welfare of the
people.While the privilege of the citizen to use streets and parks for
communication may be regulated in the interest of all, said privilege
is not absolute. It must be exercised in subordination to the general
comfort and convenience and in consonance with peace and good
order, but it must not guise of regulation be abridged or denied.
233. IGNACIO V. ELLA
Fernando ignacio and Simeon de la Cruz, both members of a
religion called Jehovahâs Witnesses requested that they be
allowed to use the town plaza proper, including the stand or kiosko
for the purpose of holding a meeting for religious purposes. They
were permitted to hold said meeting but only on the north western
part of the plaza. They contend that they should be allowed to use
the town plaza proper including the kiosko for it allegedly infringed
upon the constitutionally guaranteed rights of freedom of speech,
assembly, and worship. The respondent countered that he did not
prohibit the said meeting from occurring but merely regulated where
they could hold their religious gathering. He also advanced the
defense that he was merely exercising the police power to regulate
said meeting to maintain public order and public safety and to
prevent any un
toward incident from occurring, for the plaza and the kiosko were
located near a church of the Catholics.
ISSUE/S: WON the Jehovahas witnesses were denied the right to
assembly and worship?
The right to freedom of speech, and to peacefully assemble and
petition the government for redress of grievances, are fundamental
 personal rights of the people recognized and guaranteed by the
constitutions of democratic countries. But it is a settled principle
growing out of the nature of well-ordered civil societies that the
exercise of those rights is not absolute for it may be so regulated
that it shall not be injurious to the equal enjoyment of others having
equal rights, nor injurious to the rights of the community or society.
T he power to regulate the exercise of such and other constitutional
rights is termed the sovereign ‘police power’, which is the power to
prescribe regulations, to promote the health, morals, peace,
education, good order or safety, and general welfare of the people.
This sovereign police power is exercised by the government
through its legislative branch by the enactment of laws regulating
those and other constitutional and civil rights, and it may be
delegated to political subdivisions, such as towns, municipalities
and cities by authorizing their legislative bodies celled municipal
and city councils to enact ordinances for the purpose. such power
may be exercised under his broad powers as chief executive in
connection with his specific duty “to issue orders relating to the
police or to public safety” within the municipality (section 2194,
paragraph c, Revised Administrative Code). And it may even be
said that the above regulation has been adopted as an
implementation of the constitutional provision which prohibits any
public property to be used, directly or indirectly, by any religious
denomination (paragraph 3, section 23, Article VI of the
Constitution).
234. JBL REYES V. BAGATSING
F ACTS:
Retired Justice JBL Reyes in behalf of the members of the Anti-
Bases Coalition sought a permit to rally from Luneta Park until the
front gate of the US embassy, which is less than two blocks apart.
Then Manila mayor Ramon Bagatsing has denied the permit. The
mayor claimed that there have been intelligence reports that
indicated that the rally would be infiltrated by lawless elements. He
also issued City Ordinance No. 7295 to prohibit the staging of
rallies within the 500 feet radius of the US embassy. Bagatsing
pointed out that it was his intention to provide protection to the US
embassy from such lawless elements pursuant to Art. 22 of the
Vienna Convention on Diplomatic Relations, as affirmed by our
constitutional provision to “adhere to generally accepted principles
of international law”.
ISSUE:
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Whether or not the denial of a public rally on a public park and the
US Embassy is a violation of constitutional guarantee to free
speech and assembly.
HELD:
Yes. The invocation of the right to freedom of peaceable assembly
carries with it the implication that the right to free speech has
likewise been disregarded. It is settled law that as to public
places,especially so as to parks and streets, there is freedom of
access. Nor is their use dependent on who is the applicant for the
permit, whether an individual or a group. There can be no legal
objection, absent of clear and present danger of a substantive evil,
on the choice of Luneta and US Embassy as the place for the
peaceful rally. Time immemorial Luneta has been used for
purposes of assembly,communicating thoughts between citizens,
and discussing public questions. Moreover,denial of permit for a
rally in front of the US Embassy is justified only in the presence of a
clear and present danger to life or property of the embassy.The
denial of their rally does not pass the clear and present danger test.
The mere assertion that subversives may infiltrate the ranks of the
demonstrators does not suffice. In this case, no less than the police
chief assured that they have taken all the necessary steps to
ensure a peaceful rally.
235. GONZALES V. MARIA KALAW KATIGBAK
Facts:
Antonio Gonzales, president of Malaya Films, claimed that his film Kapit sa
Patalim, was rated for adults only by a subcommittee of the movie review
board together with the required cuts and scene deletions. He justified that
these requirements were without basis and were restrains on artistic
expression. He adduced that the film is an integral whole and all its portions,
including those to which the Board now offers belated objection, are
essential for the integrity of the film. Viewed as a whole, there is no basis
even for the vague speculations advanced by the Board as basis for its
classification.
He appealed to the movie review board but the same affirmed the decion of
the sub committee.
When Gonzales appealed to the supreme court, the board claimed that the
deletions were removed and the requirement to submit the master negative
was taken out but the film was still rated for adults only. The petition was
amended to contest the rating only.
Issue: Was the rating made with grave abuse of discretion (Note I put in
those regarding obscenity for future purposes)
Held: No. Petition dismissed. There was no grave abuse of discretion
artistic impulse
Burstyn-importance of motion pictures as an organ of public opinion
lessened by the fact that they are designed to entertain as well as to inform
(No clear dividing line between what affords knowledge and that of pleasure
or else there will be a diminution to a right to self-expression)
Bagatsing- Press freedom may be identified with the liberty to discuss
publicly and truthfully any matter of public concern without censorship or
punishment. This is not to say that such freedom, as is the freedom of
speech, absolute. It can be limited if "there be a 'clear and present danger of
a substantive evil that [the State] has a right to prevent.”
Censorship doesn’t full cover free speech or there might been emasculation
of basic rights. However, there must be in exceptional circumstances a sine
qua non for the meaningful exercise of such right without denying the
freedom from liability.
Freedom from censorship is a settled principle in our jurisdiction. Mutuc-
board of review is limited to classification of films to safeguard other
constitutional objections, hence the GP, PG, or R-18 ratings.
That is to abide by the principle that freedom of expression is the rule and
restrictions the exemption. The power to exercise prior restraint is not to be
presumed, rather the presumption is against its validity
The test, to repeat, to determine whether freedom of expression may be
limited is the clear and present danger of an evil of a substantive character
that the State has a right to prevent. Such danger must not only be clear but
also present. There should be no doubt that what is feared may be traced to
the expression complained of. The causal connection must be evident. Also,
there must be reasonable apprehension about its imminence. The time
element cannot be ignored. Nor does it suffice if such danger be only
probable.
The basic postulate, wherefore, as noted, is that where the movies,
theatrical productions radio scripts, television programs, and other such
media of expression are concerned — included as they are in freedom of
expression — censorship, especially so if an entire production is banned, is
allowable only under the clearest proof of a clear and present danger of a
substantive evil to public public morals, public health or any other legitimate
public interest.

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