Allan Pamis
com
CONSTITUTIONAL LAW I REVIEWER:
Constitution: a written instrument by which the fundamental
powers of government are established, limited, and defined, and by
which these powers are distributed among several departments, for
their more safe and useful exercise, for the benefit of the body
politic.
Constitutional Law: a body of rules resulting from the interpretation
by a high court of a written constitutional instrument in the course
of disposing of cases in which the validity, in relation to the
constitutional instrument, of some act of governmental power…
has been challenged.
Classification of constitutions based on the extent to which
constitutions are observed as norms of governmental action:
1. normative constitution – its norms direct governmental
action, and governments habitually adjusts its actions to the
norms.
2. nominal constitution – it is a constitution which cannot yet
be fully operative because of existing socio-economic
conditions. It’s principal value is educational which points
towards the mature state to which a fledging polity must
grow.
3. semantic constitution – The primary purpose of a
constitution is to limit power and the semantic constitution
does the opposite. It is a tool for the perpetuation of power
in the hands of power holders.
Three Parts of a Constitutional Document:
1. constitution of government – provisions which set up the
governmental structure
2. constitution of liberty – provisions which guarantee
individual fundamental liberties against governmental abuse
3. constitution of sovereignty – provisions which outline the
process whereby the sovereign people may change the
constitution
Historical Notes:
• June 1, 1971 – 1971 constitutional convention began
• September 21, 1972 – Martial Law was imposed on the
whole Philippines. Despite this, the constitutional convention
still continued with their task
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• November 30, 1972 – PD # 73 “submitting to the Filipino
people for ratification or rejection the Constitution of the
Republic of the Philippines proposed by the 1971
Constitutional Convention”
• January 17, 1973 – The President has announced, through
Proclamation number 1102, that the proposed Constitution
has been ratified by an overwhelming vote of the members
of the Citizens Assemblies.
• March 31, 1973 – The Supreme Court (divided) ruled that
the Constitution has now been considered in force and has
taken effect.
• 1976 – the 1973 Constitution ahs been amended to provide
for an interim Batasang Pambansa to replace the interim
national assembly
• 1981 – Constitution was revised to a modified version of
presidentialism
• February 1986 – has ended the 1973 Constitution through a
revolution. Cory is now president which is in defiance of the
1973 Constitution
• March 25, 1986 – Proclamation number 3 – Freedom
Constitution
• June 2, 1986 – a new constitutional commission convened
and has completed its work on October 15, 1986
• February 2, 1986 – approved by a plebiscite and the 1987
Constitution has been approved and it has taken effect the
same day.
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 blessings 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.
Allan Pamis
Function: it sets down the origin, scope, and purpose of the
Constitution, it is useful as an aid in ascertaining the meaning of
ambiguous provisions in the body of the constitution. It is a source
of light.
Origin / authorship: the will of the “sovereign Filipino people”
Scope and purpose: to build a just and humane society and to
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 blessings
of independence and democracy under the rule of law and a regime
of truth, justice, freedom, love, equality, and peace.
Use of words:
a. We – first person; stresses the active and sovereign role of the
Filipino people as author of the Constitution. In the 1935
constitution, “the Filipino people” was used denoting that another
power was merely announcing that the Filipinos were finally being
allowed to promulgate a constitution.
b. Almighty God – more personal and more consonant with
personalist Filipino religiosity
c. common good – projects the idea of a social order that enables
every citizen to attain his or her fullest development economically,
politically, culturally, and spiritually. Versus “general welfare”
because it denotes the greatest good for the greatest number
d. equality – major problem in the RP society if the prevalence of
gross economic and political inequalities
e. love – as a monument to the love that prevented bloodshed in
the February revolution
f. truth – as a protest against the deception which characterized the
Marcos regime
g. peace – the fruit of the convergence of truth, justice, freedom,
and love.
h. rule of law – expresses the concept that government officials
have only the authority given them by law and defined by law, and
that such authority continues only with the consent of the people.
ARTICLE I
National Territory
The national territory comprises the Philippine archipelago, with all
the islands and waters embraced therein, and all other territories
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over which the Philippines has sovereignty or jurisdiction,
consisting of its terrestrial, fluvial, and aerial domains, including its
territorial sea, the seabed, the subsoil, the insular shelves, and
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.
Importance of defining territory:
• 1935: To prevent the United States from dismembering
the Philippines. The acceptance of the Constitution by
the US President would oblige his government to
preserve the territorial integrity of the Philippines as
defined in the constitution.
• 1973: Adherence to the archipelagic principle
• 1986: Educational value; apprehension that absence of
this provision would be difficult to explain.
Constitution is municipal law and binds only the nation
promulgating it. Will not be binding internationally unless
supported by international law.
Scope of national territory:
• Archipelago
• All other territories over which the Phils has sovereignty
or jurisdiction
• Territorial sea, seabed, subsoil, and other submarine
areas of (1) and (2)
• Terrestrial, fluvial and aerial domains of (1) and (2)
What: Archipelago is a body of water studded with islands.
Where: Philippine archipelago delineated by Treaty of Paris
(as modified by Treaty of Washington and Treaty with Great
Britain)
All other territories includes any territory which presently
belongs to the Phils or might in the future belong to the
Phils through any of the internationally accepted modes of
acquiring territory.
Allan Pamis
Exercising jurisdiction refers to Batanes Islands, which lies
outside lines drawn by Treaty of Paris. This also includes
Sabah, Marianas, Freedomland.
Neither claims nor disregards Sabah, but asserts a legal
situation in which Sabah can have a place in Phil territory
depending on outcome of current dispute.
Elements of Archipelagic principle:
• Claim on internal waters irrespective of breadth and
dimension
• Straight baseline method of delineating territorial sea
Conflict between UNCLOS and Consti:
• What Consti calls Internal Waters are archipelagic
waters in UNCLOS. No right of innocent passage
through internal waters.
• UNCLOS limits straight baselines to 125 nautical miles.
Some of the lines drawn by Republic Acts extend beyond
125 mi.
When RP ratified UNCLOS, it added a declaration that the
signing shall not impair sovereign rights arising from the
Constitution.
ARTICLE II
Declaration of Principles and State Policies
Statement of the basic ideological principles and policies that
underlie the constitution. Provisions shed light on the meaning of
other provisions of the Constitution. Guide for all departments of
government in the implementation of the Constitution.
• Principles: binding rules that must be observed in the conduct
of government
• Policies: guidelines for the orientation of the state.
distinction is of little significance because not all principles are
self-executory and some of the policies already anchor justiciable
rights.
Principles
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Section 1. The Philippines is a democratic and republican
State. Sovereignty resides in the people and all government
authority emanates from them.
State: Community of persons more or less numerous, permanently
occupying a definite portion of territory, independent of external
control, and possession an organized government to which the
great body of inhabitants render habitual obedience.
4 elements of a state:
• PEOPLE: 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
• TERRITORY
• SOVEREIGNTY: property of a state-force due to which it has the
exclusive capacity of legal self-determination and self-
restriction (Jellinek). Legal sovereignty is the supreme power to
make law which is lodged in the people. Political sovereignty is
the sum total of all the influences in a state, legal and non-
legal, which determine the course of law.
• GOVERNMENT: that institution by which an independent society
makes and carries out those rules of action which are necessary
to enable men to live in a social state, which are imposed upon
the people forming the society by those who possess the power
or authority of prescribing them. Includes legislative, executive
and judicial branches and local governments but excludes
government entities which are given a corporate personality
separate and distinct from the government.
State (legal concept) and Nation (ethnic concept) used
interchangeably
Republican state: all government authority emanates from the
people and is exercised by representatives chosen by the people.
Democratic state: reference to aspects of direct democracy such as
initiative and referendum. Also a monument to 1986 revolution that
re-won freedom through direct action of the people.
Marcos’ Constitutional Authoritarianism: assumption of
extraordinary powers by the President authorized by the
legitimately enacted Constitution.
Allan Pamis
Nature and Functions of Government:
Constituent: compulsory functions which constitute the very bonds
of society.
(1) Keeping of order and providing for the protection of persons
and property from violence and robbery
(2) Fixing of the legal relations between man and wife and between
parents and children
(3) Regulation of property and determination of its liabilities for
debt or for crime
(4) Definition and punishment of crime
(5) Administration of justice in civil cases
(6) Determination of political duties, privileges, and relations of
citizens
(7) Dealings of the state with foreign powers.
(8) Dealings of the state with foreign powers; the preservation of
the state from external dandier or encroachment and the
advancement of its international interest.
Ministrant: optional functions of government intended for achieving
a better life for the community. The determination of whether or
not a government should exercise certain of these functions are:
(1) That a government should do for the public welfare those things
which private capital would not naturally undertake
(2) That a government should do those things which by its very
nature it is better equipped to administer for the public welfare
than is any private individual or group of individuals.
Bacani vs. NACOCO
Issue: Whether NACOCO was part of the government or not
Held: Because NACOCO was a corporation with personality distinct
from the government, it was clearly not part of the government and
could not therefore claim the privileges that flow from sovereignty.
ACCFA vs. CUGCO
Issue: characterization of the functions of a government agency
charged with implementation of the land reform program.
Held: Function may not strictly be constituent, but the compelling
urgency with which the Constitution speaks of social justice does
not leave any doubt that land reform in not an optional but a
compulsory function of government
Ratio: Enumeration of specific government functions under these
headings cannot be static. Enumeration is unrealistic for current
times.
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Administration: distinguished from government, is defined as the
aggregate of persons in shoes hands the reins of government are
for the time being.
Sovereignty:
People vs. Gozo
Issue: WoN a building permit is needed to construct a house inside
an American base
Held: Permit is necessary. RP has not abdicated sovereignty over
the bases or divested itself completely of all jurisdiction over
offenses committed therein. US government has preferential or
prior but not exclusive jurisdiction.
Governments de jure and de facto
Co Kim Cham vs. Valdez Tan Keh
All acts and proceedings of the legislative, executive and judicial
departments of a de facto government are good and valid.
Issue: WoN governments established during the Japanese military
occupations were de facto governments.
Held: Actions not of a political complexion were good and valid and
by postliminy remained good and valid after liberation.
Kinds of de facto governments:
(1) Government that gets possession and control of, or usurps, by
force or by the voice of the majority, the rightful legal
government, and maintains itself against the will of the latter
(England under Commonwealth)
(2) Established and maintained by military forces who invade and
occupy a territory of the enemy in the course of war, and which
is denominated a government of paramount force (Maine,
Tampico Mexico)
(3) Established as an independent government by the inhabitants
of a country who rise in insurrection against a parent state
(Southern Confederacy)
In re Letter of Associate Justice Puno
Cory government under Freedom Constitution: DE JURE because it
was established by authority of the legitimate sovereign, the
people
Republic vs. Sandiganbayan
Allan Pamis
Cory government was a revolutionary government bound by no
constitution or legal limitations except treaty obligations that the
revolutionary government, as the DE JURE government in the
Philippines, assumed under international law.
Patterns of Government
(1) Direct democracy: If the people, organized as the electorate,
are the preponderant power holder
(2) Assembly government: Parliament, as the representation of the
people, is the ascendant power holder
(3) Parliamentarism: Equilibrium between the independent power
holders, parliament and government, is attempted by
integrating the latter into the former. Interdependence by
integration.
• French type: Supremacy of assembly over
government
• British type: Ascendancy of cabinet over parliament
(4) Presidentialism: government and parliament are kept separated
but are constitutionally obliged to corporate for the formation of
the will of the state. Interdependence by coordination. Also
known as “separation of powers”
(5) Directory government: Collegiate structure of the government
power holder. (Swiss)
Assembly Government
• Most discredited because when it made its first appearance in
revolutionary France it was held responsible for dictatorship and
terror
• Standard pattern of Communist government
• Legislative assembly, popularly elected, holds undisputed
supremacy over all other state organs, subject only to the
sovereign electorate renewing it at regularly recurrent intervals.
• Executive is servant of the assembly, appointed and dismissed
at the assembly’s discretion.
• Autonomy and power monopoly of assembly
Parliamnetarism (French model)
• Most common pattern of constitutional-democratic government
today.
• Generic term with widely divergent applications; 3 points to be
noted
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(1) Existence of representative or parliamentary institutions
in a state does not mean that government is of the
parliamentary form
(2) Parliamentary government is not identical with cabinet
government
(3) To be qualified as parliamentary, the governmental
structure must possess certain features common to all
its variants and not found in any other pattern of
government.
• Attempt to establish between two independent and separate
power holders (assembly and government) such an equilibrium
that neither one can gain ascendancy over the other.
• 2 power holders share in policy decision and policy execution by
legislation. Also in policy control by reciprocal constraints and
mutual controls
• Ideal type is complete equilibrium between the 2, subject to
periodical political reorientation by the verdict of the electorate,
each of them endowed with restraining and controlling powers
symmetrically matching those of the other power holder.
• Structural elements common to all variants of genuine
parliamentary government:
(1) Members of government or cabinet are simultaneously
members of the parliament
(2) Government or cabinet consists of the political leaders of
the majority party or coalition. Cabinet is a committee
of the assembly, fused and integrated with it.
(3) Government-cabinet has pyramidal structure with prime
minister as recognized leader. Prime minister exercises
undisputed supremacy over his ministerial colleagues
(4) Government remains in power as long as it commands
the support of the majority of parliament. Power is lost
by withdrawal of support or results of elections changing
majority party.
(5) Policy decision is shared by government and the
parliament.
(6) Crux is in policy control: Parliamnetarism must be
operated by reciprocal control devices at the disposal of
both power holders. (Dissolution and vote of non-
confidence)
Cabinet government (English Model)
• Undisputed ascendancy of the government (PM and Cabinet)
over the parliament.
Allan Pamis
• Main features:
(1) Predicated on existence of 2 alternating parties
possession even chances in the long run of becoming
the majority party at the general elections. No
proportional representation, population shifts are
remedied by a periodical redistribution of seats.
(2) Cabinet is a relatively small committee, composed of he
leaders of the majority party. All must be members of
parliament
(3) Official leader of the majority winning the general
elections is prime minister designate who chooses
members of cabinet at his discretion. Monopolizes policy
determination.
(4) Parliament is granted degree of participation in the
policy execution by legislation that the prevailing
political climate demands.
(5) Policy control is vested in parliament and electorate.
(Question time)
(6) Party discipline is key
Presidentialism
• Separation of functions/ Separated and coordinated
functions
Free Telephone Workers Union vs. Minister of Labor
FM’s government under the 1973 Consti had distinguishing marks
of presidential form:
(1) Separation of powers
(2) Preeminence of the President over Prime Minister
Section 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.
• Renounces aggressive not defensive war
Adoption of generally accepted principles depends on
jurisprudential development
(1) Right of an alien to be released on bail while awaiting
deportation when his failure to leave the country is due
to the fact that no country will accept him
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(2) Right of a country to establish military commissions to
try war criminals
(3) Vienna Convention on Road Signs and Signals
(4) Duty to protect embassies and legations
Affirmation of amity does not mean automatic diplomatic
recognition of all nations. Amity with all nations is an ideal to be
aimed at. Diplomatic recognition remains a matter of executive
discretion.
Principles of international law vs Statute
• Whichever is passed later prevails
• International law has same weight as statute
Section 3. Civilian authority is, at all times, supreme over
the military. The Armed Forces of the Philippines is the
protector of the people and the State. Its goal is to secure
the sovereignty of the State and the integrity of the
national territory.
• Civilian supremacy clause: civilian authority is supreme
• Mark of sovereignty clause: Military as guardian of the people,
integrity of the national territory and ultimately of the majesty
of the law.
• Expression of disapproval of military abuses
• Section 3 is capsule description of the vocation of a soldier
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.
• Defense of state is no longer prime duty of government.
• Provisions in 1935 and 1973 led to interpretations that
justified a national security state offensive to the people
• Present version places emphasis on service to and protection
of the people
• Under conditions provided by law emphasizes primacy of
serving the interest of the people and protecting their rights
even when there is need to defend the state.
Allan Pamis
Section 5. The maintenance of peace and order, the
protection of life, liberty, and property, and the promotion
of the general welfare are essential for the enjoyment by all
the people of the blessings of democracy.
• Refers to the constituent function of government
Section 6. The separation of Church and State shall be
inviolable.
State Policies
State policies are not laws, but exhortations on government.
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.
• Independent foreign policy; paramount consideration to
(1) National sovereignty
(2) Territorial integrity
(3) National Iterest
(4) Self-determination
Section 8. The Philippines, consistent with the national
interest, adopts and pursues a policy of freedom from
nuclear weapons in its territory.
• Freedom from nuclear weapons includes prohibition not only
of the possession, control, manufacture of nuclear weapons
but also nuclear arms tests
• Not an absolute prohibition, but any exception must be
justified by the demands of national interest
• Does not prohibit peaceful uses of nuclear energy
Section 9. The State shall promote a just and dynamic
social order that will ensure the prosperity and
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independence of the nation and free the people from
poverty through policies that provide adequate social
services, promote full employment, a rising standard of
living, and an improved quality of life for all.
Section 10. The State shall promote social justice in all
phases of national development.
• Underlying premises: poverty and gross inequality are major
problems besetting the nation and that these problems
assault the dignity of the human person
• Social justice: equalization of political, economic and social
opportunities with emphasis on the duty of the state to tilt the
balance of social forces by favoring the disadvantaged in life.
• 1935: justice for the common tao; 1973: those who have more
in life should have more in law
• Provision has been instrumental in the socialization of the
attitude of jurisprudence to property rights, thus eradicating
laissez faire.
Section 11. The State values the dignity of every human
person and guarantees full respect for human rights.
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.
• Not a prohibition of divorce
• Family: stable heterosexual relationship
• Protects family from instrumentalization by the state
• Unborn
o Not an assertion that the unborn is a legal person
o Not an assertion that the life of the unborn is placed
exactly on the level of the life of the mother.
o Overriding purpose is to prevent the State form
adopting the doctrine in Roe vs. Wade
• Respect for life harmonizes with the abolition of the death
penalty and the ban on nuclear weapons
Allan Pamis
Section 13. The State recognizes the vital role of the youth
in nation-building and shall promote and protect their
physical, moral, spiritual, intellectual, and social well-being.
It shall inculcate in the youth patriotism and nationalism,
and encourage their involvement in public and civic affairs.
• Education: primary and natural right belongs to the parents.
State has secondary and supporting role.
Section 14. The State recognizes the role of women in
nation-building, and shall ensure the fundamental equality
before the law of women and men.
• Does not repeal inequalities found in the Civil Code and
jurisprudence
• Gives impetus to removal through statutes of existing
inequalities
• General idea is for the law to ignore sex when it is not a
relevant factor in determining rights and duties
• Not meant to ignore customs and traditions
Section 15. The State shall protect and promote the right
to health of the people and instill health consciousness
among them.
Section 16. The State shall protect and advance the right
of the people to a balanced and healthful ecology in accord
with the rhythm and harmony of nature.
• Provides an enforceable right
Oposa vs. Factoran
Recognized Sec. 16 as conferring standing on minors to challenge
the logging policies of the government
Accepted concepts of inter-generational responsibility and justice
LLDA vs. Court of Appeals
Upheld authority of LLDA to protect he inhabitants of the Laguna
Lake area from pollution. Rejected local autonomy claim of local
governments in the area.
Section 17. The State shall give priority to education,
science and technology, arts, culture, and sports to foster
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patriotism and nationalism, accelerate social progress, and
promote total human liberation and development.
Section 18. The State affirms labor as a primary social
economic force. It shall protect the rights of workers and
promote their welfare.
• Labor has primacy over the non-human factors of production
Section 19. The State shall develop a self-reliant and
independent national economy effectively controlled by
Filipinos.
• Guide to interpreting provisions on the national economy and
patrimony. Any doubt must be resolved in favor of self-
reliance and independence and in favor of Filipinos
Garcia vs. BOI
Issue: Approval of transfer of site of petrochemical plant from
Bataan to Batangas
Held: Overturned transfer and declared petrochemical industry
essential to national interest
Section 20. The State recognizes the indispensable role of
the private sector, encourages private enterprise, and
provides incentives to needed investments.
Marine Radio Communications Association vs. Reyes
Sec. 20 is no more that an acknowledgement of he importance of
private initiative in building the nation. Not a call of official
abdication of duty to citizenry.
Section 21. The State shall promote comprehensive rural
development and agrarian reform.
Comprehensive rural development encompasses a broad spectrum
of social, economic, human, cultural, political and even industrial
development.
Section 22. The State recognizes and promotes the rights of
indigenous cultural communities within the framework of national
unity and development.
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Section 23. The State shall encourage non-governmental, 3. careful study of legislation
community- based, or sectoral organizations that promote 4. more independent of Executive branch
the welfare of the nation.
Advantages of unicameralism:
Section 24. The State recognizes the vital role of communication 1. simple and economic
and information in nation-building. 2. closer link to public because all members have a district

Section 25. The State shall ensure the autonomy of local >Bicameralism won over unicameralism by 1 vote in the
governments. Convention

Section 26. The State shall guarantee equal access to

opportunities for public service, and prohibit political
dynasties as may be defined by law.
• Purpose is to give substance to the desire for the equalization
of political opportunities
• Definition of political dynasties left to legislature
Original legislative power: possessed by the sovereign people
Derivative legislative power: delegated to legislative bodies,
subordinate to the original power of the people.
Constituent: power to amend or revise the Constitution
Ordinary: power to pass ordinary laws

Section 27. The State shall maintain honesty and integrity Limits on Legislative power:
in the public service and take positive and effective Substantive: limit contents of a law
measures against graft and corruption. Procedural: limit manner of passing laws

Section 28. Subject to reasonable conditions prescribed by >Plenary: Congress may legislate on any subject matter provided
law, the State adopts and implements a policy of full public that substantive and procedural limits in the Constitution are
disclosure of all its transactions involving public interest. observed

>Congress may not pass irrepealable laws because this will limit
ARTICLE 6: LEGISLATIVE DEPARTMENT the plenary power of future legislatures.

Section 1: Legislative power
Legislative power is vested in the Congress of the
Philippines
Consisting of a Senate and a House of Representatives
Except to the extent reserved to the People through
initiative and referendum
Legislative power is the authority to make laws and to alter or
repeal them.
Advantages of bicameralism:
1. senate as training ground for national leaders
2. senate has national perspective, house has municipal
perspective
>Due to plenary power, legislative power cannot be delegated.
Despite non-delegatability of legislative power, many statutes have
been passed creating administrative agencies and authorizing
them to exercise vast regulatory powers. The rules and regulations
they issue have the force of law.
2 theories that justify this:
1. A non-legislative body may be authorized to fill in the details
of a statute.
2. Congress may pass contingent legislation, which leaves to
another body the business of ascertaining the facts
necessary to bring the law into actual operation.
Requirements of delegating law:

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1. Law must be complete in itself (contain policy to be
implemented)
2. Law must fix a sufficient standard for to which the delegate
must conform to.
Compania General de Tabacos de Filipinas v. Board of
Public Utility Commissioners
“The true distinction is between the delegation of power to make
the law, which necessarily involves a discretion as to what it shall
be, and conferring authority or discretion as to its execution, to be
exercised under and in pursuance of a law. The first cannot be
done; to the latter no valid objection can be made.
Tatad v. Secretary of Energy
Issue: Is delegation of legislative power to the President and
Secretary of Energy valid? Did Congress provide a determinate or
determinable standard to guide the Executive branch in
determining when to implement the full deregulation of the
downstream oil industry?
Held: YES. Oil deregulation law passed both the completeness and
sufficient standard tests. Delegation of legislative power has
become an inevitability in the light of the increasing complexity of
the task of government. Thus, courts will bend as far back as
possible to sustain the constitutionality of laws which are assailed
as unduly delegating legislative powers.
Eastern Shipping Lines v POEA
Issue: Does POEA resolution violate non-delegatablity of legislative
power?
Held: NO. Administrative bodies may implement the broad policies
of a statute by issuing supplementary and implementing
regulations as long as the law provides a sufficient standard. There
is a valid delegation of power if the law passes the completeness
test and the sufficient standard test.
Tablarin v Gutierrez
Issue: Does standard have to be written as part of the law?
Held: Standard may be expressed or implied from policy and
purpose of the act considered as a whole.
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Free Telephone Workers Union v. Minister of Labor
Issue: Does authority conferred on Minister of Labor partake of
legislative power? (authority to assume jurisdiction over labor
disputes and decide on them)
Held: No. SC had more liberal approach to interpretation of non-
delegatablity of legislative power. Power should be delegated when
task cannot be performed by legislature because issues are highly
technical or require continuous decision.
Cebu Oxygen & Acetylene Co v. Secretary Drilon
Issue: Can implementing orders of the DOLE provide for
prohibitions not included in the law it is implementing?
Held: Administrative regulations should be in harmony with the
provisions of the law, and cannot amend or add to the law.
People v. Dacuycuy
Issue: Can a judge impose a punishment if law does not provide a
standard (law provided for an fixed fine or imprisonment as
penalty. No term for imprisonment was stated)
Held: NO. The penalty of imprisonment in this case is
unconstitutional because the lack of a standard allows the judge to
legislate.
Chiongbian v. Orbos
Issue: May the President merge existing regions not included in the
ARMM Act?
Held: YES. The President is granted these powers by other laws,
within limits set by Congress.
Employees Confederation v. National Wages Commission
Issue: Is NWC allowed to fix minimum wage?
Held: YES. Congress delegated this power to the NWC, within the
limits set by law and the Constitution.
Solicitor General v. Metro Manila Authority
Issue: Can MMA confiscate license plates, if this was not one of the
sanctions included in the law?
Held: NO. The MMA cannot impose sanctions that the law does not
allow and in fact actually prohibits.
Penal rules:
Allan Pamis dlsps_mbajd_batch2007@yahoogroups.com
Rules and regulations promulgated by administrative agencies Section 3: Qualifications
pursuant to a valid delegating law have the force of law and Natural born citizen
violation may be punished as a penal offense. 35 years old on the day of the election
Necessary that violation be made a crime and penalty provided by Able to read and write
the statute itself. Regulation must also be published. Registered voter
Resident of the Philippines for not less than 2 years
Exceptions: immediately preceding the day of the election
1. Local legislatures may be given executive power and vv.
2. Congress may delegate legislative power to the President in Age qualification must be possessed on the day the votes are cast,
times of war and other national emergency. and not on the day of proclamation.
3. Legislative power exercised by the people through initiative Residence refers to domicile. Senator does not have to be
and referendum physically present in the Philippines.

Section 4: Term of office

Initiative and referendum
People can directly propose or enact laws
Approve or reject any law passed by Congress or local legislative
body
>Purpose is to institutionalize “people power”
>Provides a means which can be used if legislature is indifferent to
the needs of the people
Garcia v Comelec
Issue: Can a resolution be the subject of a referendum? (People
wanted to reject resolution agreeing that Morong be included in
the SBMA)
Held: Any act, law or part thereof passed by Congress or local
legislative body may be the subject of a referendum.
Section 2: Senate
Senate is composed of 24 members
Elected at large by the qualified voters of the Philippines
As may be provided by law
Number of members of the senate may be increased or decreased
only by constitutional amendment.
6 years to commence, unless otherwise provided by law, at
noon on the June 30.
No senator can serve for more than 2 consecutive terms.
Voluntary renunciation of the office is not considered an
interruption to the full term.
A senator can run again 3 years after his second term has expired.
Tenure is length of actual service in office. Term is length of
service to which a senator is elected.
Section 5: House of Representatives
(1) 250 members, unless otherwise fixed by law
Elected from legislative districts
apportioned
among the provinces, cities and the Metro Manila area
in accordance with the number of their respective
inhabitants
on the basis of a uniform and progressive ratio
And those who, as provided by law
Are elected through the party list system
Of registered National, Regional and Sectoral parties or
Organizations

“As may be provided by law” refers to the manner of electing (2) Party list representatives
Senators. 20% of the total number of representatives including those
under the party list

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For 3 terms after the ratification of the Constitution, half of
these seats will be filled, as provided by law, by selection or
election from the labor, peasant, urban poor, indigenous
cultural communities, women, youth, and other sectors as
may be provided by law, except for the religious sector.
(3) Each legislative district shall comprise, as far as
practical,
contiguous, compact, and adjacent territory.
Each city with a population of at least 250,000 and each
province shall have at least 1 representative
(4) Within 3 years following the return of every census,
Congress will reapportion legislative districts based on the
standards provided in this section.
3 kinds of Congressmen:
1. District
2. Party list
3. Sectoral (only for 3 terms after ratification of Constitution)
Apportionment: underlying principle is the concept of equality of
representation which is a basic principle of republicanism. One
man’s vote should carry as much weight as the vote of every other
man.
NO Gerrymandering: creation of representative districts out of
separate portions of territory in order to favor a candidate
Courts have jurisdiction over apportionment to ensure that it
observes constitutional mandate.
Tobias v. Abalos
Issue: Is creation of new representative district constitutional?
(creation of Mandaluyong city; municipality of San Juan became a
separate district)
Held: YES. By the law creating the highly urbanized city of
Mandaluyong, both Manda and San Juan were recognized as
separate representative districts even if no census was made.
Present limit of 250 members of HRep is not absolute.
Reapportionment of legislative districts may be made by a special
law, such as the charter of a new city.
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Mariano Jr v. COMELEC
Issue: Is law that created Makati City unconstitutional because it
increased Makati’s legislative districts even if total population is
only 450,000?
Held: Cities with a population of 250,000 can have at least 1
representative.
Montejo v COMELEC
Issue: Can COMELEC move municipalities from one district to
another?
Held: NO. By the Ordinance appended to the 1987 Constitution,
COMELEC has the power to make minor adjustments to the
reapportionment of districts. COMELEC may adjust the members
apportioned to a province out of which a new one was created. It
cannot transfer one municipality from the district it is located in.
Party list representatives
With 250 members of Congress, 200 will be district representatives
and 50 party list representatives.
RA 7941 parameters
1. 20% allocation
2. 2% threshold
3. 3-seat limit per party
4. proportional representation (additional seats in proportion to
their total number of votes)
Veterans Federation Party, et al v. COMELEC
20% allocation: Not all seats must be filled (limit on maximum)
2% threshold: guarantees winners have sufficient number of
constituents deserving representation
3-seat limit: absolute
Method of allocating additional seats: Congress is vested with the
power to define the mechanics of the party list system.
Ang Bagong Bayani, et al v. COMELEC
Issue: Can political parties participate in the party-list election?
Held: YES if it represents a marginalized sector. Intent of the law is
not to allow all associations to participate indiscriminately, but to
limit participation to organizations representing the marginalized
and underprivileged. Even the nominees must comply with this
requirement. All 50 seats are reserved for the marginalized sectors,
not just for 3 terms but forever.
Allan Pamis dlsps_mbajd_batch2007@yahoogroups.com
Section 6: Qualifications Romualdez-Marcos v. COMELEC
Natural-born citizen of the Philippines Issue: Did Imelda satisfy residence requirement to run for
25 years old on day of election representative of the First District of Leyte?
Able to read and write Held: YES. Leyte had been her domicile of origin and that in all her
Registered voter in the district life she had never lost it.
Resident of the district for not less than 1 year before the If a person retains his domicile of origin, 1 year period is irrelevant
election because, by legal fiction, (wherever he may be) he is a resident of
(Party list representatives exempt form residency his domicile of origin.
requirement) If a person re-establishes a previously abandoned domicile or
acquires a new one, the 1 year requirement must be satisfied.
Natural-born citizen:
those who are citizens of the Philippines from birth without having Aquino v. COMELEC
to perform any act to acquire or perfect their Philippine citizenship. Issue: Did Aquino acquire new domicile in Makati?
Held: NO. Aquino had not abandoned his Tarlac domicle. Even if
Co v. HRET he had, he had not fulfilled the 1 year requirement for Makati.
Issue: Is Co a natural-born citizen? (Mom was Filipino, Dad Chinese
who gained Filipino citizenship when Co was 9 years old) Domino v COMELEC
Held: YES. Based on the Constitution, children of Filipino mothers Issue: Did Domino acquire new domicile in Sarangani?
who elect Filipino citizenship shall be deemed natural-born. Held: NO. Lease of house and 1 year residency not sufficient. To
establish a new domicile of choice, personal presence must be
Bengzon v. Cruz coupled with conduct indicative of htat intention. Declared and
A Natural-born citizen who loses his citizenship by naturalization in probable intent to make it one’s home. Lease contract did not show
another country but is later repatriated recovers his status of being permanency. Also, he registered as a voter in his old barangay in
a natural-born citizen and therefore is qualified to be a member of QC.
Congress.

Residence Qualifications: Section 7: Term of office

3 years which will begin, unless otherwise provided by law,
Gallego v. Verra at noon on June 30 after the election
Residence is DOMICILE: 3 consecutive term maximum
1. intention to reside in a fixed place Voluntary renunciation of the office is not considered an
2. personal presence in that place and conduct indicative of interruption to the full term
such intention
To acquire a domicile by choice:
1. residence or bodily presence in new locality Dimaporo v. Mitra
2. intention to remain there Issue: Can the term of a Congressman be shortened?
3. intention to abandon the old domicile Held: Tenure, not term, is shortened based on the Omnibus
animus non revertendi and animus manendi Election code which provided that any elective official, whether
The meaning of residence as found in the election law under the national or local, running for any office other than the one he is
1935 Constitution has been retained. holding (except for the President and Vice President) shall be
Intent of the law in fixing a residence qualification is to exclude a considered ipso facto resigned from his office upon the filing of his
stranger or newcomer. certificate of candidacy.

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Allan Pamis
Dimaporo’s tenure was shortened based on his filing of candidacy
for the position of Governor of the ARMM.
SC held the law seeks to ensure that public officials serve out their
term by discouraging them from running for another office.
Section 8: Election
Unless otherwise provided by law, the regular election of
the Senators and the Members of the House of
Representatives is on the second Monday of May.
Codilla v. De Venecia
When the majority speaks and elects into office a candidate by
giving him the highest number of votes cast in the election for the
office, no one can be declared elected in his place.
Section 9: Special Election
In case of vacancy in the Senate or in the House of
Representatives,
A special election may be called to fill such a vacancy in the
manner prescribed by law
Person thus elected will serve only for the unexpired term
Tolentino v COMELEC
Issue: Validity of special election to elect a Senator to serve the
unexpired term of Sec. Guingona?
Held: Special election is valid based on RA 6645 “In case a vacancy
arises in the Senate at least 18 months OR in the House of
Representatives at least 1 year before the next regular election for
Members of Congress, the COMELEC, upon receipt of a resolution of
the House/Senate certifying that the vacancy exists and calling for
a special election, shall hold a special election to fill such vacancy”
Section 10: Salaries and Compensation
Salaries of Senators and Members of the House of
Representatives is determined by law.
No increase will take effect until after the expiration of the
full term of all the members of the Senate and House of
Representatives who approved such increase.
This provision is a legal bar to the legislators yielding to the natural
temptation to increase their salaries.
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Office and travel allowances do not form part of the salary or
compensation; increases can take effect immediately. There is no
legal limit to these amounts. The only limit is moral.
Section 11:
While Congress is in session,
A senator or congressman is immune from arrest for all
offenses punishable by not more than 6 years
imprisonment.
No member can be questioned or held liable in any other
place
For any speech or debate in the Congress or in any of its
committees
Recess: only at the end of session or long holidays
Evenings and weekends not counted as recess
Immunity from arrest is to protect legislator from harassment that
will keep him away from legislative sessions.
People v. Jalosjos
Members of Congress are not exempt from detention for crime.
They may be arrested for crimes punishable by more than 6 years
imprisonment, even while Congress is in session. There is no basis
for treating them differently from other prisoners.
Privilege of speech
Protection against forums other than Congress itself.
Members still subject to disciplinary measures of Congress.
Absolute protection against suits for libel
Includes utterances made in the performance of official functions.
It is not necessary that Congress be in session. What is essential is
that the utterance must constitute legislative action. This privilege
extends to agents of the Members, provided that they assist the
legislator in the performance of legislative action (Gravel v. US)
Jimenez v Cabangbang
Issue: Can a Congressman be charged for libel based on an open
letter published in newspapers?
Allan Pamis
Held: YES. Communication is not absolutely privileged.
Congressmen can be charged for acts done outside their official
duty.
Antonino v. Valencia
Charges made by a Senator with Senate Committees covered by
privilege of speech.
Section 12: Full disclosure
All members of the Senate and the House of
Representatives will, upon their assumption of office, make
a full disclosure of their financial and business interests.
They must notify the house concerned of a potential conflict
of interest that may arise from the filing of a proposed
legislation of which they are authors.
Does not prevent legislator from filing self-benefiting legislation.
This only requires him to inform the House of the conflict.
Section 13: Other Offices
No Senator or Member of the House of Representatives may
hold any other office or employment in the government, or
any subdivision, agency or instrumentality thereof,
including government owned and controlled corporations or
their subsidiaries,
During his term without forfeiting his seat.
Neither can he be appointed to any office which may have
been created or the emoluments thereof increased during
his term.
He may be appointed after his term ends.
He must resign his seat in order to accept another position in
government.
Section 14: Counsel/Financial interest
No Senator or Member of the House of Representatives may
personally appear as counsel before any court of justice,
electoral tribunal, quasi-judicial, or other administrative
body.
He should not, directly or indirectly, be interested
financially in any contract, franchise, special privilege
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granted by the government, agency, subdivision,
instrumentality including government-owned or controlled
corporations, or its subsidiary during his term of office.
He should not intervene in any matter before any office of
the government for his pecuniary benefit or where he may
be called upon to act on account of his office.
Puyat v. De Guzman
An Assemblyman cannot act as counsel, or intervene in a
government proceeding by buying shares in the shares in a
company.
Pecuniary benefit may be direct or indirect, prohibition covers
benefit for relatives.
Section 15: Sessions of Congress
Convene every year on the 4th Monday of July for its regular
session, unless a different date is fixed by law.
Session will continue for such as number of days as it may
determine
Until 30 days before the opening of its next regular session,
exclusive of Saturdays, Sundays, and legal holidays.
The President may call a special session at any time.
Section 15: Election of Leaders
(1)The Senate shall elect its President, and the House of
Representative its Speaker
By majority vote of all its respective members
Each house shall choose such other officers as it may deem
necessary.
(2) A majority of each house shall constitute a quorum to do
business
but a smaller number may adjourn from day to day
The house may compel attendance of absent members in
the manner and under penalties it may provide.
(3) Each house determines the rules of its proceedings,
punishes its members for disorderly conduct, and with the
concurrence of 2/3 of all its members, suspend or expel a
member. A penalty of suspension shall not exceed 60 days.
Allan Pamis
(4) Each house shall keep a journal of its proceedings, and
from time to time publish the same
Except such parts that, in its judgment, affect national
security.
The Yeas and Nays on any question shall, at the request of
1/5 of the members present, be entered into the journal.
Each house shall also keep a record of its proceedings.
(5) Neither house during the sessions of the congress shall,
without the consent of the other, adjourn for more than 3
days, nor to any other place than that in which the 2 houses
shall be sitting.
Record: verbatim notes of discussion
Journal: summary of proceedings
Avelino v. Cuenco
Initially, SC refused to assume jurisdiction over whether 12
senators could elect a new President (out of 24 senators, 1 was in
the US and 1 in the hospital). They held that the question was
political in nature.
Dissents:
Moran – question of quorum is a constitutional in nature. With the
conflict remaining unsettled, laws passed by Senate would be open
to doubt.
Tuason -- SC has the power to ascertain whether President is
holding office according to law or the Constitution.
Perfecto – Senate must follow Constitution and its own internal
rules
Briones – besides justicability, another ground for courts to take
cognizance of a case is extreme necessity
In reconsideration of the case, SC decided to assume jurisdiction in
the light of subsequent events which justify its intervention. They
held that the Presidency could not be taken away from Avelino
because the opposition did not constitute a majority, defined as
more than half.
Santiago v. Guingona
Issue: Definition of minority
Held: No law says that the defeated candidate will automatically
become the minority leader. “It is well within the power and
jurisdiction of this court to inquire whether the Senate or its officials
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committed a violation of the Constitution or gravely abused their
discretion in the exercise of their functions and prerogatives”
Internal discipline
Osmena v Pendatun
The house is the judge of what constitutes disorderly behavior and
can subject its members to disciplinary action.
Paredes Jr. v Sandiganbayan
Issue: Can the Sandiganbayan order the preventive suspension of a
Congressman due to acts committed before his term?
Held: Section 16 only provides immunity for acts committed as a
member of Congress.
Journals & Enrolled Bill
US v Pons
Court may decline to go behind the journals so as not to interfere
with the legitimate powers and functions of the legislature.
Arroyo v. De Venecia
Enrolled bill doctrine: The signing of a bill by the Speaker of the H
and the President of the S and the certification by the secretaries of
both houses that such bill was passed are conclusive of its due
enactment.
Casco Philippine Chemical Co v Gimenez
Enrolled bill is conclusive upon courts regarding the law passed by
Congress and approved by the President. This is based on respect
due to a coequal and independent department.
Astorga v. Villegas
Issue: Attempt to compel Mayor Villegas to comply with RA 4065
even Congress declared that the wrong bill had
been signed into law
Held: SC declared that the law was not duly enacted because both
the President of the Senate and the President withdrew their
signatures.
Purpose of a journal
Allan Pamis
1. insure publicity to the proceedings of the legislature, ad a
correspondent responsibility of members to their
constitutents
2. provide proof of what actually happened in the legislature
Section 17: Electoral Tribunal
The Senate and the House of Representatives shall each
have an Electoral Tribunal
Which shall be the sole judge of all contests relating to the
election, returns and qualifications of their respective
members.
Each electoral tribunal shall be composed of 9 members: 3
Justices of the SC (to be designated by the CJ) and 6
members of the House who shall be chosen on the basis of
proportional representation from the political parties and
the party-list organizations. The senior Justice in the
Electoral Tribunal shall be its chairman.
Composition reflects the respect for parliamentary sovereignty and
the need for legal impartial decisions.
ET only gains jurisdiction over a case when a losing party files an
election contest, after the proclamation of the winner by the
COMELEC
Decisions of the ET subject to SC review only if ET in grave abuse of
discretion amounting to lack or excess of jurisdiction.
Pimentel v. HRET
Issue: Can the SC order House to reconfigure the HRET to include
representatives from the party-list organizations?
Held: No. Recourse is with the House. Petition does not show that
the House prevented the party-list groups from participating in the
election of the members of the HRET and the CA.
Angara v Electoral Commission
Electoral Commission may promulgate rules necessary for the
exercise of its exclusive power to judge all election contests. The
Assembly may not interfere with the EC.
The power of the Assembly to defer the oath-taking of a member
has been retained.
Vera v. Avelino
EC does not have all the functions of the Assembly on the subject
of election and qualifications of members. Election contest relates
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to “statutory contests in which the contestant seeks not only to
oust the intruder, but also to have himself inducted into office”
In cases where no defeated candidate challenges the winner, the
legislative body itself in the exercise of its inherent right of
preservation, may inquire into the credentials of the member and
judge his qualifications.
Sanchez v. COMELEC
Pre-proclamation controversies should be summarily decided,
consistent with the law’s desire that canvass and proclamation be
as quick as possible. COMELEC has jurisdiction only over
incomplete returns, returns with material defects, tampered
returns, or returns with discrepancies credited to any candidate
which will affect the results. All other questions should be brought
before the Electoral Tribunal.
Chavez v. COMELEC
Identical result as Sanchez v COMELEC. No pre-proclamation
controversies were allowed for the election of the President, VP,
Senators, and Representatives except in the case of manifest
errors in the certificate of canvass or election returns. Errors which
cannot be verified except by opening the ballot boxes are not
manifest errors. Proper remedy is recourse to the ET.
Robles v HRET
Judicial review of decisions or final resolutions of the ET is possible
only in the exercise of the Court’s extraordinary jurisdiction.
Abbas et al v. Senate Electoral Tribunal
Issue: Can the Electoral Tribunal function if all the Senator-
members have been disqualified?
Held: NO. ET cannot function. No amendment of its rules can allow
the 3 Justices to decide a case.
Sandoval v HRET
Issue: Validity of substituted service of summons
Held: Summons not valid, Sandoval must be given a chance to
defend his seat. HRET must admit his counter-affidavit into the
records.
Guerrero v COMELEC
“Qualifications” are not only the ones enumerated in the
Constitution. The HRET has jurisdiction even over the qualifications
Allan Pamis
under the Omnibus Election Code (certificate of candidacy, valid
substitution) as the sole judge of election contests.
Garcia v. Angping
HRET procedures must be strictly followed if they are to obtain
their objective: the speedy and orderly determination of the true
will of the electorate. Imperative justice requires the proper
observance of technicalities.
Lazatin v. COMELEC
SC will not take cognizance of COMELEC’s withdrawing of his
proclamation. The ET remains the sole judge of all election
contests after proclamation.
Lazatin v. HRET
Issue: Application of HRET rules over Omnibus Election Code Rules
Held: Rule-making power of the ET flows from the general power
granted by the Constitution. Election Code Rules apply only to
cases filed before COMELEC.
Bondoc v. Pineda
Issue: Can a political party manipulate ET decisions by substituting
nominees?
Held: NO. The expulsion of the member impairs the Tribunal’s
prerogative to be the sole judge of election contests.
Lerias v HRET
Issue: Can the ET make a decision contrary to evidence?
Held: NO. The ET in doing so is in grave abuse of discretion which
allows the SC to step in and reverse the decision.
Arroyo v. HRET
Constitutional history demonstrates that the SC has been
consistent in reviewing decisions and orders of the ET on a showing
of grave abuse of discretion.
Dissent of Padilla: Petitioners allegations of bias and oppression
due to political considerations are outside the authority and duty of
the SC. This Court should be forever detached from the
Machiavellian world of politics.
Section 18: Commission on Appointments
President of the Senate as ex-offico chairman
12 Senators, 12 members of the House of Representative
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Elected by each house on the basis of proportional
representation
From the political parties or party-list organizations.
Chairman of the Commission shall not vote, except in case
of a tie.
CA will act on all appointments submitted to it within 30
session days from their submission. The CA shall rule by a
majority vote of all its members.
CA is a legislative check to the appointing authority of the
president.
Daza v. Singson
Issue: Does the situation present a political question? Can the
formation of the LDP affect the composition of the CA?
Held: Not a political question because the issue is one of legality
not wisdom. The constitution does not require that the political
parties be registered. Constitutional intent is that the CA reflect
political alignments, and changes in the CA may be made at any
time.
Coseteng v. Mitra
Issue: Can temporary coalitions be the basis for a seat in the CA?
Held: NO. Temporary coalitions and factions are not political
parties and must be ignored.
Guingona, Jr. v. Gonzales
Issue: Rounding up to obtain more CA seats
Held: Rounding up cannot be done. Neither can small parties form
a unity for purposes of obtaining a seat in the CA. By the SC’s
calculations, the result would be that the Senate would only have
11 members in the CA. SC ruled that full complement of 12 is not
mandatory.
Section 19:
The ET and the CA shall be constituted within 30 days after
the Congress shall have been organized with the election of
the President and the Speaker. The CA shall meet only
when Congress is in session, at the call of its chairman or a
majority of its members, to discharge such powers and
functions as are herein conferred upon it.
Allan Pamis
Ad-interim appointments: made before Congress is not in session.
Effective immediately but subject to CA review.
Acting appointments: made when Congress is in session.
Appointees are removable anytime.
>30 day rule is meant to prevent CA from freezing appointments.
>Commission must decide by majority vote. Dissent of 1 member
should not block action.
>CA can meet only when Congress is in session.
Section 20:
The records and books of Congress shall be preserved and
open to the public in accordance with law,
Such books shall be audited by the Commission on Audit
which shall publish annually an itemized list of amounts
paid to and expenses incurred for each member.
Petition for mandamus: compel Congress to show records.
Section 21:
The Senate or the House of Representatives or any of its
respective committees
May conduct inquiries in aid of legislation in accordance
with duly published procedure. The rights of such persons
appearing in or affected by such inquiries shall be
respected.
Inquiries does not have to be directly related to a bill being filed.
They may or may not lead to legislation.
Rights of persons refer to those found in the Bill of Rights, since all
governmental action must be exercised subject to constitutional
limitations.
Power to commit a witness for contempt ceases to exist upon
Congress’ final adjournment.
Negros Oriental II Electric Cooperative v. Sangguniang
Panlungsod
Issue: Can local legislative bodies conduct inquiries in aid of
legislation and compel people to appear?
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Held: NO. Power of local legislatures is delegated. It is beyond the
jurisdiction of the SP to inquire into the compliance with the
franchise of NORECO II.
Arnault v. Nazareno
SC held that the legislative body possessed the contempt power as
a means of preserving its authority and dignity.
Bengzon, Jr. v. Senate Blue Ribbon Committee
Court ruled that the investigation was not in aid of legislation
because the speech of Sen. Enrile contained no suggestion of
contemplated legislation but pointed to the need to determine
whether President Aquino’s relatives violated the law. To allow the
investigation to continue would violate separation of powers.
Dissent:
Gutierrez – SC is encroaching on power of Congress by prohibiting
them from exercising a constitutionally vested function. The SC has
no power to second-guess the motives of legislators.
Section 22:
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 or
the Speaker at least 3 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.
Appearance of department heads is voluntary. They cannot be
compelled to appear; neither may they impose their appearance
upon either House.
Acts of secretaries presumed to be acts of President.  executive
privilege
Section 23: War & Emergency Powers
Allan Pamis
(1) Congress, by a vote of 2/3 of both houses in joint
session assembled, voting separately, shall have the sole
power to declare the existence of a state of war.
War: armed hostilities between 2 states
After declaration of war, conflict is governed by international law
(Geneva Conventions)
“The president was bound to meet war in the shape it presented
itself, without waiting for Congress to baptize it with a name; and
no name given to it by him or them could change the fact”
(2) In times of war or other national emergency, 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 congress, such
power shall cease upon the next adjournment thereof.
Exception to non-delegatablity of legislative power.
Section 24: Appropriation
All appropriation, revenue or tariff bills, bills authorizing
the increase of 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.
Rationale: House in closer contact will people; will have clearer
picture of needs
Senate may partially or totally amend bill from House.
>The bill must originate from the House. The law which is the
product of the total bicameral legislative process originates not just
from the House but from both Senate and House.
Section 25:
(1) 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.
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Only covers increases in the budget of the Executive department.
Congress may increase the budget of the Legislature and Judiciary.
(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.
Rider: provision unrelated to the appropriations bill.
(3) The procedure in approving appropriations for 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 proposal therein.
(5) No law shall be passed authorizing any transfer of
appropriations; However, the President, President of the
Senate, Speaker of the House, CJ 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 Congress.
Garcia v. Mata
Allan Pamis
Provisions on Reserve Officers of the AFP contained in the General
Appropriations Law are invalid because they violate the provision
on riders. “Being unconstitutional, it confers no right and affords no
protection”.
Demetria v. Alba
PD 1177 unconstitutional because it allowed the President to
indiscriminately transfer funds without regard as to whether or not
the funds to be transferred are actually savings in the item from
which the same are to be taken.
Section 26:
(1) Every bill passed by Congress shall embrace only 1
subject which shall be expressed in the title thereof.
(2) No bill passed by either house shall become a law unless
- it has passed 3 readings on separate days
- printed copies of its final form have been
distributed to its members 3 days before its
passage
Except when the President certifies to the necessity of its
immediate enactment to meet a public calamity or
emergency.
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 .
Farinas et al v. Executive Secretary
Issue: Do the provisions in the “Fair Election Act” repealing
Omnibus Election Code (on ipso facto resignation of elected officials
upon filing of certificate of candidacy for another position) violate
1-bill 1-subject rule?
Held: No. Constitutional provisions relating to the subject matter
and titles of statutes should be liberally construed so as not to
impede the power of legislation.
Tio v. Videogram Regulatory Board
The 1-bill 1-subject rule is satisfied if the title is comprehensive
enough to include all subjects related to the general purpose of the
law. Taxation is sufficiently related to the regulation of the video
industry.
Phil Judges Association v Prado
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Title of “Act Creating the Philippine Postal Corporation…”
sufficiently broad to cover removal of franking privileges of the
judiciary. But the provision on the removal of franking was
declared unconstitutional on equal protection grounds.
Tan v. Del Rosario
Article 6, Section 26 (1) has been envisioned to
- prevent log-rolling legislation intended to unite the members of
the legislature who favor any one of unrelated subjects in the
support of the whole act
- avoid surprises and fraud upon the legislature
- fairly apprise the people of the subjects of legislation
Tolentino v. Secretary of Finance (opposition to VAT law)
(1) Not in violation of Art 6 Sec 24 (all taxation bills must originate
in the House) – Senate is allowed to substitute their version of a
bill.
(2) Not in violation of Art 6 Sec 26-2 (1 bill 1 subject) – title of law
covers contents
(3) Judicial inquiry on the manner the bill was passed beyond those
prescribed by the Constitution is precluded by the principle of
separation of powers.
(4) Rushed passage of bill resulted from certification of President
because of a growing budget deficit.
Section 27:
Every bill passed by 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, 2/3 of the 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 2/3 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 name 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 30 days of
Allan Pamis
receipt thereof; otherwise it shall become a law as if
he had signed it.
- 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 items to
which he does not object.
Appropriation bills: Item: Sum of money + purpose
Revenue bills: Item: Subject + rate of tax
>Items must be separable from the rest of the bill.
>For non-money bills, veto must be complete; no line veto
Conference Committee: extra-constitutional creation of Congress
whose function is to propose to Congress ways of reconciling
conflicting versions of a bill.
Commissioner of Internal Revenue v. Court of Tax Appeals
Issue: Court upheld President’s veto of item in Omnibus tax law
imposing tax on restaurants located in hotels, motels, or rest
houses. Item does not refer to the whole section, but only to a
subject and rate of tax.
Gonzales v. Macaraig
Marks the SC’s acceptance of “doctrine of inappropriate provisions”
or that a provision that is constitutionally inappropriate for an
appropriation bill may be singled out for veto even if it is not an
appropriation or revenue item.
In this case, the President vetoed provisions in the 1989 and 1990
that stopped her from restoring or increasing appropriations
removed or reduced by Congress.
Arroyo et al v De Venecia
What is alleged to have been violated in the passing of RA 8240
imposing sin taxes are merely internal rules of procedure of the
House and not the constitutional requirements for enacting a law
(Art 6, Sec 26-27)
Philconsa v. Enriquez
The essence of a veto rule is that the President may veto distinct
and severable parts. SC invalidated vetoes of restrictions on the
use of funds for road maintenance and purchase of medicines since
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the veto did not include a veto of the appropriated funds
themselves.
Section 28
(1) The rule of taxation shall be uniform and equitable. The
Congress shall evolve a progressive system of taxation
(2) The Congress may, by law, authorize the President to fix
within specified limits, and subject to such limitations and
restrictions as it may impose, tariff rates, import and
export quotas, tonnage and wharfage dues, and other
duties or imposts within the framework of the national
development program of the government.
(3) Charitable institutions, churches or convents, mosques,
non-profit cemeteries, and all lands, building and
improvements actually, directly and exclusively used for
religious, charitable, or educational purposes shall be
exempt from taxation
>Exemption only from property tax
>Test is on use: must be actually, directly and exclusively used for
stated purposes
(4) No law granting any tax exemption shall be passed
without the concurrence of a majority of all the members of
Congress.
Purpose of tax:
1. raise revenue
2. instrument of national economic and social policy
3. tool for regulation
4. protection of local industry
Power to tax exists for the general welfare  should be exercised
only for a public purpose
Uniform tax
1. operates with the same force and effect in every place
where the subject of it is found
2. equivalent to the requirement of a valid classification
Progressive  rate increases as tax base increases
Systems Plus Computer College v. Caloocan City
Allan Pamis
Grant of exemption from taxation rests upon the theory that an
exemption will benefit the body of people, and not upon any idea of
lessening the burden of an individual or corporate owner.
BIR Commissioner v. YMCA
Court will always apply the doctrine of strict interpretation in
construing tax exemptions because taxes are the lifeblood of the
nation.
BIR Commissioner v. Santos
It is inherent in the power to tax that the state be free to select the
subjects of taxation and it has been repeatedly held that
inequalities infringe no constitutional limitation.
John Hay Peoples Alternative Coalition v. Victor Lim, et al
Tax exemption cannot be granted by Executive Order. Neither can
a tax exemption granted by law to one area be extended to
another by EO
Garcia v. Executive Secretary
Issue: Can the President impose additional ad-valorem taxes on all
imported articles?
Held: YES. There is explicit constitutional permission for Congress
to authorize the President “subject to limitations and restrictions”
to fix within specific limits tariff rates and other duties or imposts.
The relevant Law is the Tariff and Customs Code of the Philippines.
Central Mindanao University v. DAR
The meaning of “exclusively”, which covers not just what is
indispensable but also what is incidental and reasonably necessary,
affects the meaning of the words “actually” and “directly”. The SC
took into account future land needs of the University in exempting
its area from CARP.
Section 29:
(1) No money shall be paid out of the treasury except in
pursuance of an appropriation made by law.
Congress as the guardian of the public treasury
(2) No public money or property shall be appropriated,
applied, paid or employed, directly or indirectly, for the
use, benefit or support of any religious sect, church,
denomination or institution or any priest, minister, teacher
or dignitary
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Except when such person is assigned to the Armed Forces,
penal institution, government orphanage, or leprosarium.
(3) All money collected on any tax levied for a special
purpose shall be treated as a special fund and paid out for
such purpose only.
If the purpose for which a special fund was created has
been fulfilled or abandoned, the balance shall be
transferred to the general funds of the government.
Guingona v. Carague (questioning auto appropriation for
debt service based on PD)
Issue: Appropriation bills must originate in the House (Sec 24) and
there must be definiteness, certainty and exactness in the
appropriation.
Held: Appropriation laws enacted before the Constitution was
effective (PD and EO) not covered. The provisions refer to bills still
to be passed by Congress. PD gave sufficient rules to determine
amount to be appropriated.
Philconsa v. Enriquez
CDF (pork barrel) allowed Congress to identify projects but their
power was merely recommendatory to the President who could
approve or disapprove the recommendation.
Osmena v Orbos (OPSF Trust Account)
What is involved here is not so much the power of taxation as
police power. Although the provision authorizing the ERB to impose
additional amounts could be construed to refer to the power of
taxation, the overriding consideration is not to raise the revenue
but to enable the ERB to act quickly to carry out the objectives of
the law and protect consumers form the constant fluctuation of oil
prices (police power).
Section 30:
No law shall be passed increasing the appellate jurisdiction
of the Supreme Court as provided in this Constitution
without its advice and concurrence.
Gives the SC a measure of control over cases placed under its
appellate jurisdiction. Otherwise, the indiscriminate enactment of
legislation enlarging its appellate jurisdiction would unnecessarily
burden the Court.
Allan Pamis dlsps_mbajd_batch2007@yahoogroups.com
Fabian v. Desierto
RA 6770 cannot validly authorize an appeal to the Supreme Court
from decisions of the Office of the Ombudsman in administrative
disciplinary cases. This violates Sec. 30.

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

No ban on Filipinos accepting titles enacted by other States.

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 and act, law or part thereof passed by
Congress of local legislative body

After the registration of a petition signed by at least 10% of

the total number of registered voters, of which every
legislative district must be represented by at least 3% of
the registered voters thereof.

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