Constitutional Law 1

Chapters 1-8

Political Law

Branch of public law which deals with the organization and operations of the governmental organs of
the state and defines the relations of the state with the inhabitants of its territory.

Scope/ Divisions of Political Law

1. Constitutional Law
-The study and maintenance of the proper balance between authority as represented by the
three inherent powers and liberty as guaranteed by the bill of rights
2. Administrative Law
3. Law on Municipal Corporations
4. Law of Public Officers
5. Election Laws

Constitution

o Body of rules and maxims in accordance with which the powers of sovereignty are habitually
exercised
o Written instrument enacted by direct action of the people by which the fundamental powers of
the government are established, limited and defined. And by which those powers are
distributed among the several departments for the safe and useful exercise for the benefit of
the body politic

Purpose of the Constitution

1. To PRESECRIBE a permanent framework of a system government

2. To ASSIGN to the several departments their respective powers and duties
3. and to ESTABLISH certain first principles on which the government is founded

Characteristics of the Constitution (The PH Constitution is RIGID, WRITTEN AND ENACTED)

1. RIGID vs flexible
RIGID Constitution is one that can be amended only by a formal and usually a difficult process;
WHILE a flexible constitution is one that can be changed by ordinary legislation
2. Written vs unwritten
WRITTEN Constitution is one whose precepts are embodied in one document or set of
documents; WHILE an unwritten constitution consists of rules which have not been integrated
into a single, concrete form but are scattered in various sources, such as statutes of
fundamental characters, judicial decisions, commentaries of publicists, customs and traditions
and certain common law principles.
3. Conventional/enacted vs. Cumulative/evolved
CONVENTIONAL Constitution is enacted, formally struck off at a definite time and place
following a conscious or deliberate effort taken by a constituent body or ruler; WHILE
cumulative is the result of political evolution, not inaugurated at any specific time but changing
by accretion rather than systematic method

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Qualities of Good Written Constitution

1. Broad- comprehensive enough to provide for every contingency

2. Brief- it must confine itself to basic principles to be implemented with legislative details more
adjustable to change and easier to amend
3. Definite- to prevent ambiguity in its provisions which could result in confusion and divisiveness
among the people

Essential Parts of a Good Written Constitution/ Parts of the Constitution

1. Constitution of Liberty – series of prescription setting forth the fundamental civil and political
rights of the citizens and imposing limitations on the powers of government as a means of
securing the enjoyment of those rights (ex. Art III )
2. Constitution of Government – the series of provisions outlining the organization of the
government, enumerating its powers. Laying down certain rules relative to its administration
and defining the electorate(ex. Art. VI, VII,VIII, IX )
3. Constitution of Sovereignty- the provisions pointing out the mode or procedure in accordance
with which formal changes in the fundamental law may be brought about ( ex.Art XVII )

*July 4, 1946- PH became independent

1) 1935- Commonwealth Constitution
2) 1973- Marcos Regime
3) 1986- Freedom Constitution
4) 1987- Constitution of the PH ( 4th fundamental law to govern the PH since it became independent)
*DATE OF EFFECTIVITY – FEB 2, 1987

*Basic Principles of Constitutional Interpretation:

1. Verba Legis – whenever possible, the words used in the constitution must be given their ordinary
meaning except where technical terms are employed.
2. Ratio Legis est anima – words of the Constitution should be interpreted in accordance with the intent
of the framers;
3. Ut magis valem quam pereat- the Constitution should be interpreted as a whole ( Francisco v HR )

Supremacy of the Constitution – the constitution is the basic and paramount law to which all other laws
must conform and to which all persons, including the highest officials of the land must defer

-No act shall be valid, however noble its intention, if it conflicts with the constitution
-Constitution must ever remain supreme
- all must bow to the mandate of this law

Amendments vs. Revisions ( ART XVIII)

1. Amendment an addition or change within the lines of the original constitution as will effect an
improvement, or better carry out the purpose for which it was framed a change that adds,
reduces or deletes without altering the basic principles involve; affects only the specific
provision being amended( Lambino v. Comelec)

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2. Revision a change that alters the basic principle in the constitution, like altering the principle of
separation of powers or the system of checks and balances; alters the substantial entirely of the
constitution, as when the change affects substantial provisions of the constitution (Id)

 Revision generally affects several provisions of the constitution while amendment generally affects only the
specific provision being amended. This distinction is significant because the 1987 CONSTITUTION allows people’s
initiative only for the purpose of AMENDING not revising the constitution (Id)

Concept of the State

State – community of person/ legal concept, may comprise several nations (ex US)
Nation- birth, origin, common race/racial, or ethnic concept, may comprise several state ( Arab Nations)
*a nation need not to be a state at all

STATE – a community of persons, more or less numerous, permanently occupying a definite portion of
territory, independent of external control and possessing a government to which a great body of the
inhabitants render habitual obedience.

*State is the principal, Government is the agent

- the government internalizes the state and articulates its will
-It comprises people, territory, government( an organization use for political purposes), sovereignty

The Province of North Cotabato v. the Government of the Rep of the PH Peace Panel on Ancestral Domain.

SC. The accepted criteria of a state, namely, a permanent population, a defined territory, a government and a
capacity to enter into relations with other states

 Is Vatican a state? NO. it lacks government

1. People – A community of persons sufficient in number and capable of maintaining the

continued existence of the community and held together by a common bond of law.
- inhabitants of the state
- there is no legal requirement as to their number
But, generally agreed that they must be numerous enough to be self sufficing and to defend
themselves and small enough to be easily administered and sustained.
PEOPLE + UNDERSTANDING= NATION (people bound together)

*Different meaning of “people” as used in the constitution

1. Inhabitants
2. Electors
3. Citizens
4. Sovereign

2. Territory
-fixed portion of the surface of the earth inhabited by the people of the state
- PRACTICAL REQUIREMENT : It must neither too big as to be difficult to administer and defend
nor too small as to be unable to provide for the need of the population

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- an area over which a state has effective control

Components of Territory
a. Land mass( terrestrial domain )
b. In land and external waters ( maritime and fluvial domain)
c. Airspace above the land and water ( aerial domain)

Article I. National Territory

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein,
and all other territories over which the Philippines has sovereignty or jurisdiction, consisting its terrestrial, fluvial
and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves and all other
submarine areas. The waters around, between and connecting the islands of the archipelago, regardless of their
breadth and dimensions, form part of the internal waters of the Philippines.

*Archipelagic Doctrine- under which we connect the outermost points of our archipelago with straight
baselines and consider all the water enclosed thereby as internal waters.

*the entire archipelago is regarded as one integrated unit instead of being fragmented into many
thousand islands.

*Territorial sea , Law of the Sea in Jamaica Convention 1994 UNCLOS I, was left undefined, this became
the basis for the passage of RA 3046( 1961)
- 1968 ( RA 5446) this amended the foregoing’s typographical errors and reserving the drawing of
baselines around Sabah and North Borneo
-1984 UNLCOS III, congress enacted RA 9522 ( Amending RA 3046) to be compliant with UNCLOS III

Magallona vs. Ermita

Challenged RA 9522 on two grounds:

1. It reduces the PH Maritime Territory and logically the reach of the PH state’s sovereign power ( Violation of Art 1, 1987
Constitution)
2. It opens the country’s waters landward of the baselines to maritime passage by all vessels and aircrafts, undermining Philippine
sovereignty and national security, contravening the country’s nuclear free policy, and damaging marine resources, in violation of
relevant constitutional provisions

SC HELD : Constitutional. The UNCLOS III has nothing to do with the acquisition or loss of territory. It only
governed the rules on general international law ie. 1) Territorial waters ( 12nm) exercise of sovereignty
und93er art 2; 2) Contiguous Zone ( 24 nm ) jurisdiction over customs, fiscal, sanitation and immigration under
Art 3 (3) ; 3) Exclusive Economic Zone ( 200nm) right to exploit living and nonliving resources( art 56) and
continental shelf (art 77)

*Internal waters vs. archipelagic waters

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*territorial diminution

*Regime of Islands(p.32. cruz)

3. Government- agency or instrumentality through with the will of the state is formulate, expressed and
realized. According to International law : No particular form of government is prescribed, provided only
that the government is able to represent the state in its dealings with other states.

State- an ideal person , invisible, intangible , immutable , existing only in contemplation of law
Government- an agent and within the sphere of its agency, perfect representative.

-Mandate of the Government is to promote the welfare of the people

**Whatever good is done by the government is attributed to the state BUT every harm inflicted on the
people is imputed not to the state but to the government alone

Functions of the Government: The difference of the two are not relevant in our Jurisdiction
1. Constituent(Governmental) functions- the compulsory functions which constitute the very
bonds of the society.

2. Ministrant (Proprietary ) Functions - optional functions of the government for achieving a better
life for the community ( Bacani v Nacoco)
are those undertaken to advance the general interests of society, it is the performance of
ministrant functions that distinguishes the paternalistic government from the individualistic
government

*Doctrine of Parens Patriae – one important task of the government is to act for the state as the
guardian of the rights of the people. The right of the government to file the case for the state as father
of the country in representation of the legitimate claimants

De facto vs De jure (classification of government on the basis of legitimacy)

1. De jure – has the general support of the people, rightful title but no power of control because
this has been withdrawn from it or because it has not yet actually entered into exercise thereof
- one established by authority of the legitimate sovereign

2. De facto – government of facts, actually exercises power but without legal title
- One established in the defiance of the legitimate sovereign.
3 Kinds of De Facto Government

1. The government that gets possession and control over or usurps, by force or by
the voice of the majority

2. Established and maintained by invading military forces ( insurrection)

3. Government of paramount force. ( course of war)

*NOTE : The Government under Cory Aquino and the freedom constitution is a De Jure government. It
was established by authority of the legitimate sovereign, the people. It was a revolutionary government
established in defiance of the 1973 constitution.

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Sinco on Revolution or Direct State Action – It sometimes happens that the people rise in revolt against
the existing administration and through force or threats succeed in altering the constituted organs of
the government. From the point of view of the existing constitutional plan, that act is illegal; but
considered from the point of view of the state as a distinct entity not necessarily bound to employ a
particular government or administration to carry out its will, it is the direct act of the state itself because
it is successful. As such, it is legal, for whatever is attributable to the state is lawful. This is the legal and
political basis of the Doctrine of Revolution.

Government of the Philippines

*Government is permanent
-Defined as the corporate governmental entity through which the functions of government are exercised
throughout the Philippines.
*Government owned or Controlled Corporation engaged in proprietary functions cannot be considered
part of the government for purposes of exemption from the application of the statute of limitations

Government Agency- any of the various units of the government of the Republic of the Philippines
Adminstration – Transitional, group of persons whose hands the reins of government are for the time
being/ run the government/ machinists.
*Government is the institution through which the state exercises power. Administration consists of the set of people currently
running the institution.

4. Sovereignty the supreme and uncontrollable power inherent in a State by which that state is
governed.

Kinds of Sovereignty
1. Legal Sovereignty – the authority which has the power to issue final command. In our country,
the Congress is the Legal Sovereign; supreme power to make laws

2. Political Sovereignty- the power behind the legal sovereign, or the sum total of the influences of
as State, legal and non legal which determine the course of law

3. Internal Sovereignty- it refers to the power of the State to control over its domestic affairs. It is
the supreme power over everything within its territory

4. External Sovereignty- AKA as independence, which is freedom from external control. It is the
power of the State to direct its relations with other States.

*Sovereignty still presides to us even if with the presence of the belligerent occupants BECAUSE
sovereignty is PERMANENT, EXCLUSIVE, COMPREHENSIVE, ABSOLUTE, INDIVISIBLE, INALIENABLE AND
IMPRESCRIBABLE.
Effects of Belligerent Occupation
1. As to Political Law( Constitutional Law) No change of sovereignty during belligerent occupations,
the political laws of the occupied territory are merely SUSPENDED subject to revival under the
jus postliminium upon the end of occupations.

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The rule suspending political laws affects only the civilian inhabitants of the occupied territory and is not
intended to bind the enemies in arms. Also, the rules does not apply to the law in treason although
decidedly political in character.

2. Non-Political Law (Civil Laws and insurance act) are NOT SUSPENDED, deemed continued
EXCEPT only when they are amended or suspended by affirmative act of the belligerent
occupant

For Juridical Decisions: the same are valid during the occupation and even beyond except those of a
political complexion which are automatically annulled upon the restoration of the LEGITIMATE
authority.
*PERSON CONVICTED of TREASON- the sentence would not be affected by termination of the occupation
*PERSON CONVICTED OF NON POLITICAL LAW – against the Belligerent occupant, after the occupation, entitled to be released
on the ground that the sentence imposed on him for his political offense had ceased to be valid

Effects of Change in Sovereignty

1. As to Political Laws. Where there is change in sovereignty, the political laws of the former
sovereign are ABROGATED unless they are retained or re-enacted by positive act of the new
sovereign.
2. As to Non Political Laws. Continue in operation

Imperium vs. Dominium

*Imperium. State’s authority to govern. Covers such activities as passing laws, governing territory,
maintaining peace and order over it, and defending against foreign invasion. This is the authority
possessed by the State embraced in the concept of Sovereignty
*Dominium. Capacity of the State to own property. Covers such rights as title to land, exploitation and
use of it and disposition or sale of the same.

*Jurisdiction – The manifestation of sovereignty. Exercise of authority of the State.

Doctrine of State Immunity

Art XVI Sec. 3 . The state may not be sued without its consent

*Indiscriminate suit against the State will result in the impairment of its dignity

*The demands and inconveniences of litigation will divert the time and resources of the state from the
more pressing matters demanding it attention to the prejudice of the public welfare.

**Also available to foreign states in so far as they are sought to be sued in the courts of local state
(PRINCIPLE OF THE SOVEREIGN EQUALITY OF STATES), one state cannot assert jurisdiction over another
in violation of the maxim; NOT absolute, foreign states may be sued in the host country if engaged in
PURELY commercial, PRIVATE and PROPRIETARY acts but not with respect to its contracts entered into
by it as governmental or sovereign acts.

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Restrictive Theory/ Restrictive Application Doctrine

- The application of the doctrine of immunity from suit has been restricted to
sovereign or governmental activities. The mantle of the state immunity cannot be
extended to commercial, private and proprietary acts.

*Jure imperii- governmental activities

*Jure gestionis- proprietary activities
(Need to ascertain legal nature of the act involved)

-Restrictive Application of State Immunity is proper only when the proceedings arise out of commercial
transactions. If it is commercial in nature. It is a logical question to know the character of the contract
with a private party because it does not simply mean that a foreign state waive its immunity, the
character of the contract would still need to be determined.

Two (2) Concepts of State Immunity

1. Classical or Absolute Theory
- A sovereign cannot, without its consent, be made responsible in the courts of
another sovereign
2. Newer or Restrictive Theory
- The immunity of the sovereign is recognized only with regard to public acts or acts
jure imperii of the state but not with regard to private acts or acts jure gestionis.
*NOTE: Not all the acts of Jure imperii may exempt the state:
As in the case of its exercise of its power of eminent domain, when done without payment of just
compensation.

It is important to determine if the state is the real property in interest or direct liability of the state and
not of the officer impleaded.

FORMS OF CONSENT
1. Express – Act No 3083- Govt Ambulance v. Motorcycle
2. Implied- descended to the level of an individual
Claim- CA No. 327 ( PD 1445)- Filed to COA – 60 days- rejection- SC

*when the state give its consent to be sued, it does not thereby also consent to the execution of the
judgment against it.
-Because Public funds cannot be an object of garnishment, based on consideration of public policy, that
disbursement of public funds must be covered by the corresponding appropriation as required by law.
Functions and public service cannot be paralyze( applicable only to regular department or offices in the
government public corporation

Suability v. Liability
1. Suability – result of express or implied consent of the state to be sued
2. Liability- determined after hearing on the basis of relevant laws and established facts

The test in every case is the nature of the primary functions being discharge
1. Jure imperii

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2. Jure Gestionis
*Municipal Corporations are suable because their charters grant them the competence to be sued

Suit against Government Agencies

1. Incorporated – Has a charter of its own, with separate Juridical Personality, Government
agencies created because of laws ( SSS, UP etc)
2. Unincorporated – has no separate juridical personality, merged in the general machinery of the
government, cannot be sued because there’s no charter to consult, automatically it is against
the PH.

Principle of Separation of Powers

- This means legislation belongs to the Congress, execution to the Executive,
settlement of legal controversies to the judiciary
- Its starting point is the assumption of division of the functions of the government
into three distinct classes- the executive, the legislative and the judicial. Its essence
consists in the assignment of each class of functions to one of the three organs of
the government
- The theory is that “ a power definitely assigned by the constitution to one
department can neither be surrendered nor delegated” by that department, nor
vested by statute in another department or agency

REASON : The underlying reason of this principle is the assumption that arbitrary rule and abuse of
authority would inevitably result from the concentration of the three powers of the government in the
same person, body of persons or organ

More specifically, according to Justice Laurel, the doctrine of Separation of Powers is intended to:
1. Secure action
2. To forestall over action
3. To prevent despotism
4. To obtain efficiency

System of Check and Balances

The Constitution fixes certain limits on the independence of each department. In order that these limits
may be observed, the Constitution gives each department certain powers by which it may definitely
restrain the other from exceeding their authority, thus forming a system of checks and balances.

To carry out the system of checks and balances, the constitution provides:
1. The acts of the LEGISLATIVE DEPARTMENT have to be presented to the EXCUTIVE for the
approval or disapproval
2. The EXECUTIVE DEPARTMENT may veto the acts of the LEGISLATURE if in its judgment they are
not in conformity with the Constitution or are detrimental to the interests of the people
3. The COURTS are authorized to determine the validity of LEGISLATIVE measures or EXECUTIVE
acts
4. Through its pardoning power, the EXECUTIVE may modify or set aside the judgment of the
COURTS

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5. The LEGISLATURE may pass laws that in effect amend or completely revoke decisions of the
courts if in its judgment they are not in harmony with its intention or policy which is not
contrary to the Constitution
6. President must obtain the concurrence of Congress to complete significant acts
7. Money can be released from the treasury only by authority of Congress

DUE PROCESS
- Best defined in one word- fairness
- The idea that law and legal proceedings must be fair
-Observance of both substantive and procedural rights
- no can be imprisoned without due process of law

Fundamental State Principle and State Policies (Art II)

- Intended to lay down the rules underlying our system of government and must
therefore be adhered to in the conduct of public affairs and the resolution of public
issues
- Guide for all departments of the government in the implementation of the
constitution.
PRINCIPLE- Binding rules which must be observed in the conduct of government
POLICIES- are guidelines for the orientation of the state

CONSTITUTION REQUIRES OUR GOVERNMENT TO BE DEMOCRATIC AND REPUBLICAN ( Art 2 (1) ]

Art 2 (1) The Philippines is a democratic and republican state. Sovereignty resides in the people and all
government authority emanates from them

 Republicanism – the essence of which is the representation and renovation, the selection by the citizenry of corps of
public functionaries who derive their mandate from the people and act on their behalf, serving for a limited period
only, after which they are replaced or retained at the option of their principal.
 Republic- is a representative government run by the people and for the people.
 Republican State- is a state wherein all government authority emanates from the people and is exercised by
representatives chosen by the people.

Manifestation of Republicanism
1. Ours is a government of laws and not of men ( Villavicencio v. Lukban)
2. Rule of Majority ( Plurality in elections )
3. Accountability of Public Officials
4. Bill of right
5. Legislature cannot pass irrepealable laws
6. Separation of Powers

*Social Justice provisions are not self-executing principles, they are merely statements of principles and
policies, to give them effect, legislative enactment is required( Bureau of Fisheries v Commission on
Audit)

PREAMBLE: We the sovereign Filipino people, imploring the aid of almighty God, in order to build a just and humane
society and establish a government that shall embody our ideals and aspirations, promote the common good, conserve and
develop our patrimony, and secure to ourselves and our posterity the blessing of independence and democracy under the rule of
law and a regime of truth, justice, freedom, love, equality and peace, do ordain and promulgate this constitution.

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*Exemplify the sovereignty of the People:

- 1987 constitution provides for people’s initiative:
1. right to information on matters of public concern
2. right to file cases questioning the factual bases for the suspension of the privilege of writ of habeas
corpus or declaration of martial law
3. right to interfere in the affairs of government and challenge any act tending to prejudice their interest
4. People can now directly propose and enact laws or approve or reject any act or law or part thereof
passed by the congress or local legislative body and even directly propose amendments to the
constitution on initiative
5. It encourages non-governmental, community based or sectoral organizations that promote the
welfare of the nation
6. the right to vote and to choose their representatives
7. sectoral representation in the house of the representatives

*People are declared supreme.

The defense of the State:

Art II Sec 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”
- For self-preservation

The Incorporation Clause

Art II Sec 2 “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”

Doctrine of Incorporation
Every state by reason of its membership in the family of nations, bound by the generally
accepted principles of international law, which are considered to be automatically part of its own laws.

*International law can become part of the sphere of domestic law either by transformation or
incorporation. (Pharmaceutical and Health Care Association v. Health Secretary)

Transformation method: requires that an international law be transformed into a domestic law through
a constitutional mechanism such as legislation. (Art VII Sec 21, 1987 Constitution)
- Treaties become part of the law of the land through transformation pursuant to Art
VII Sec 21, 1987 Constitution which provides that treaty or international agreement
shall be valid and effective unless concurred in by at least two-thirds of all the
members of the senate
Incorporation method: applies by mere constitutional declaration, international law is deemed to have
the force of domestic law.
- Generally, accepted principles of international law, by virtue of the incorporation
clause of the Constitution, form part of the laws of the land even if they do not
derive from treaty obligations (Mijares v Ranada); specifying examples ;
“ renunciation of war as an instrument of national policy, the principle of
sovereign immunity, a person’s right to life, liberty and due process, and pacta sunt
servanda(international law should be observe by us in good faith), among others”

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International Law/ Treaty v. Domestic Law

- Domestic law will prevail SC said in Ichong v Hernandez where the petitioner asked for the
invalidation of the Retail Trade Nationalization Act on the ground that it contravened several
treaties concluded by us under the rule of pacta sunt servanda, it was the statute that
should be upheld, because it represented an exercise of the police power which, being
inherent, could not be bargained away or surrendered through the medium of a treaty.

Social Justice ( Art II sec 10; Art XIII)

- One of the most serious problem of the nation is the acute imbalance between the rich and
the poor and the resultant divisiveness and hostility between them.
- Social Justice are not meant to favor the poor and underprivileged. They apply with equal
force to those who, notwithstanding their more comfortable position in life are equally
deserving of protection from the courts.
- Social Justice is not a license to trample on the rights of the rich in the guise of defending the
poor, where no act of injustice or abuse is being committed against them (Adriano v. Tanco
GR 168164 )

Separation of Powers:

Purpose:

Checks and balances:

*Justiciable question- “a purely justiciable question implies a given right, legally demandable and enforceable, an
act or omission violative of such right, and a remedy granted and sanctioned by law, for said breach of a right”.
(Casibang v Aquino)

*Political Question- it refers to those questions which under the constitution, (1) are to be decided by the people
in their sovereign capacity;(2) or in regard to which full discretionary authority has been delegated to the
legislative or executive branch of the government. It is concerned with issues dependent upon the wisdom, not
legality, of particular measure.

*Art VIII Sec 1. “Includes the duty… 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”
- the 1987 Constitution narrowed the reach of the POLITICAL QUESTION DOCTRINE when it expanded the power of
the Judicial review of the SC not only to settle actual controversies involving rights which are legally demandable
and enforceable BUT also 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. Trims the “political
thicket “

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Delegation of Powers :

Potestas Delegata non delegari potest : what has been delegated cannot be delegated.

Permissible Delegation:
Delegation of legislative powers is permitted in the ff cases:

1. Delegation of Tariff powers to the President

2. Delegation of emergency powers to the President
3. Delegation to the People at Large
4. Delegation to local governments
5. Delegation to administrative bodies

1. Delegation of Tariff powers to the President

- Art VI Sec 28(2)
- The reason for this delegation is the necessity, not to say expediency, of giving the chief
executive the authority to act immediately on certain matters affecting the national
economy lest delay result in hardship to the people

2. Delegation of emergency powers to the President

- Art VI Sec 23(2)
- Reason : law making process may hamper effective solution of the problems caused by the
emergency. Such problems must be solved within shortest possible time to prevent them
from aggravating the difficulties of the nation, to this end, the congress may authorize the
President to exercise emergency powers
Conditions for the vesture of EP in the President are the ff:
1. There must be war or other national emergency ( rebellion, economic crisis, pestlinence, epidemic,
typhoon, flood, or other catastrophe of nation-wide proportion or effect)
2. The delegation must be for a limited period only
3. The delegation must be subject to such restrictions s the Congress may prescribe(to prevent total
surrender of Legislative Authority )
4. The emergency powers must be exercised to carry out a national policy declared by congress.

*this can be withdrawn by a RESOLUTION

3. Delegation to the People at Large

4. Delegation to local governments

5. Delegation to administrative bodies

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Test of Delegation:
Whether or not the delegation has been validly made.

(1) The Completeness Test

(2) The Sufficient Standard Test

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 Residency
 What is Natural Born Citizen
 How to become a Natural Born Citizen(RA 9225)- administrative process
- Reacquisition of citizenship
- 1. Take an oath of allegiance, as a second oath of allegiance to the Republic of the PH
- 2. The oath must be sworn before any person authorized to administer oath
 What are the types of congress :
1. Senate
2. House Representatives
2.1 District Rep
2.2 Party List Rep- what do they represent?
a. Marginalized
b. Underrepresented
c. Do not have their own constituents

Parameters :
1. 20% seat allocation
2. 2% threshold
3. Three seat limit

Qualifications to be part of the party list ? Advocacy. Qualified to sit as long as you are a member of a certain party
list not later than 90days.

1. COMPUTATION of 20% seat allocation:

80% allocated seats for the District Rep

20% for PL

Ex. 50 District Rep, how many PL rep? 50/ 80%= 62.5x20%= 12.5
- First round of allocation
- Then compute again

2. 2%threshold
Party List – if this will be followed, only A will be entitled for 1 seat, this is UNCONSTITUTIONAL because it
is against the 20% allocation, a constitutional provision. Now, C and D should have a seat
A 2.5%
B .5%
C 1.9%
D 1.8%
E .5%

Term limits- no member shall serve 3 consecutive years; a period during which a person is authorized
TERM- 3 years (HP)

 A resigned after 3 consecutive terms, he rested, can he run again?

-NO sec 7(2)

 Congressman Jose, 1st term 2016-2019, 2nd term 2019-2022, 3rd term 2022-2025; in 2022 election, there
was an election protest, B won 1 day after the term, Can Jose run again?
- No. because he accumulate the term already.

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 What if at the year 2019 Congressman Pedro won, can Jose run again? Yes. Because there is interruption
of his term limit.
-what case? If the interruption is due to the process of law, or involuntary case; there is no consecutive term
to talk about BUT if the interruption came from the official himself, this is a voluntary case, therefore he
cannot run again.

 RA 1111 created Dept of Sports. Sen Pacquiao will head the said department.
- What does he need to do to head this department?
Ans. He is absolutely prohibited to head this department because it was created during his term
- How about to become a Chairman of Committee on Sports?
Ans. Yes. Because it is just an extension of his office as a Senator

 What is incompatible office?

 Forbidden Office ?

 Pacquiao wants to be the head of CHED, PDUTS appointed him. Considering that he is a senator, is the
appointment valid? NO. because he is still a senator, he may hold this position provided that he will forfeit
his seat as a Senator

- Forbidden office is absolute- an office created during his term, has just been created, he is a
congressman therefor he enacts laws, it might have a conflict that he only passed a certain
law in order for him to hold such office.

 Incompatible office- he may be appointed provided he forfeits his seat as a Senator. Because CHED is
already existing

 What is an ex-officio office? An exemption in incompatible office, this is by virtue of his original office.
 What are the offices that Congress are prohibited to appear as counsel?
1. Any court of justice
2. Electoral tribunals
3. Quasi-judicial
4. Other administrative bodies

 What is an Enrolled Bill?(page 246)

 What is Journal (p.245)

 Conflict bet Enrolled bill and Journal, which will prevail? The Enrolled bill, the reason behind is it is the
Final product, the principle of separation of powers, the different powers, if they will look at the Journal ,
the judiciary will already act as legislators, therefore will exceed their authority.
Exception : yays and nays (Journal will prevail)
*Judicial Legislation cannot be done.

 Who are the members of the Sen. Elec. Tribunal? (Art VI Sec 17)

 What do they do?

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Legislative Department

The Senate
(1)Composition

(2) Qualifications

(3) Term

The House of Representatives

(1)Composition
A.

B.

(2) Qualifications

(3) Term

ELECTION

SALARIES

PARLIAMENTARY IMMUNITIES

(1) Privilege from arrest

(2) Privilege of Speech and Debate

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Conflict of Interest

Incompatible Office

Forbidden Office

Inhibitions and Disqualifications

Sessions

Officers

Quorum

Discipline of Members

Journals

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Adjournment

The Electoral Tribunals

The Commission on Appointments

Organization

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