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CONSTITUIONAL LAW I
SCHOOL OF LAW
MANGUERA OUTLINE
ROCKWELL, MAKATI PART I
I. POLITICAL LAW
1
Public law is understood as dealing with matters affecting the state,
the act of state agencies, the protection of state interests. Private law
A. Definition of Political Law
deals with the regulation of the conduct of private individuals in their
relation with one another.
As thus conceived public law consists of political law, criminal law
and public international law. Private law includes civil and
commercial law.
2
Vicente Sinco, Philippine Political Law 1, 10th ed., 1954.
3
Vicente Sinco, Philippine Political Law 1, 10th ed., 1954.
4
Vicente Sinco, Philippine Political Law 2, 10th ed., 1954.
5
This definition is comprehensive enough to cover written and
unwritten constitutions. (Cruz, Constitutional Law)
(2) Enacted It has been said that the term ‘constitution’ implies
D. (1) Normative- adjusts to norms an instrument of a permanent nature.25
(2) Nominal –not yet fully operational
(3) Semantic-perpetuation of power J. Brief Constitutional History
The Constitution of the Philippines is written, 1. Malolos Constitution
conventional and rigid. 2. The American Regime and the Organic Acts
3. The 1935 Constitution
F. Qualities of good written constitution 4. The Japanese (Belligerent) Occupation
1. Broad15 5. The 1973 Constitution
2. Brief16 6. The 1987 Constitution
3. Definite17
K. The 1987 Constitution
G. Essential parts of a good written constitution
1. Constitution of government18 The 1987 Constitution is the 4th fundamental law to
govern the Philippines since it became
2. Constitution of liberty19 independent on July 4, 1946.
3. Constitution of sovereignty20
[Social and economic rights] Background of the 1987 Constitution
1. Proclamation of the Freedom Constitution
H. Interpretation/Construction of the Constitution21 a. Procalamation No. 1, February 25, 1986,
announcing that she (Corazon Aquino) and
In Fransisco v HR, the SC made reference to the VP Laurel were assuming power.
use of well-settled principles of constitutional b. Executive Order No.1, (Febrauary 28, 1986)
construction, namely: c. Procalamation No.3, March 25, 1986,
1. Verba Legis22 announced the promulgation of the
2. Ratio legis et anima23 Provisional (Freedom) Constitution, pending
3. Ut magis valeat quam pereat24 the drafting and ratification of a new
Constitution. It adopted certain provisions in
I. Permanence and Generality of constitutions the 1973 Constitution, contained additional
articles on the executive department, on
A constitution differs from a statute, it is intended government reorganization, and on existing
not merely to meet existing conditions, but to laws. It also provided of the calling of a
govern the future. Constitutional Commission to be composed
of 30-50 members to draft a new
Constitution.
15
Broad. Because it provides for the organization of the entire 2. Adoption of the Constitution
government and covers all persons and things within the territory of a. Proclamation No. 9, creating the
the State and also because it must be comprehensive enough to Constitutional Commission of 50
provide for every contingency. (Cruz, Constitutional Law pp 5-6) members.
16
Brief. It must confine itself to basic principles to be implemented b. Approval of the draft Constitution by the
with legislative details more adjustable to change and easier to Constitutional Commission on October 15,
amend. (Cruz, Constitutional Law pp 4-5) 1986
17
Definite. To prevent ambiguity in its provisions which could result c. Plebiscite held on February 2, 1987
in confusion and divisiveness among the people. (Cruz, d. Proclamation No. 58, proclaiming the
Constitutional Law pp 4-5)
18
ratification of the Constitution.
Constitution of Government. The series of provisions outlining 3. Effectivity of the 1987 Constitution: February 2,
the organization of the government, enumerating its powers, laying
1987
down certain rules relative to its administration and defining the
electorate. (ex. Art VI, VII, VIII and IX)
19 Features of 1987 Constitution26
Constitution of Liberty. The series of proscriptions setting forth
the fundamental civil and political rights of the citizens and imposing 1. The new Constitution consists of 18
limitations on the powers of government as a means of securing the articles and is excessively long compared to
enjoyment of those rights. (Ex. Article III) the 1935 and 1973 constitutions.
20
Constitution of Sovereignty. The provisions pointing out the 2. The independence of the judiciary
mode or procedure in accordance with which formal changes in the has been strengthened with new provisions
fundamental law may be brought about. (Ex. Art XVII) for appointment thereto and an increase in
21
Antonio B. Nachura, Outline/Reviewer in Political Law (2006 ed.) its authority, which now covers even political
22
Plain meaning rule. Whenever possible the words used in the questions formerly beyond its jurisdiction.
Constitution must be given their ordinary meaning except when 3. The Bill of Rights of the
technical terms are employed. Commonwealth and Marcos constitutions
23
Interpretation according to spirit. The words of the Constitution
25
should be interpreted in accordance with the intent of the framers. Ruling Case Law, vol.6, p16)
24 26
The constitution has to be interpreted as a whole. Cruz, Political Law.
has been considerably improved in the 1987 Indeed, although the Philippine Constitution
Constitution and even bolstered with the can trace its origins to that of the United
creation of a Commission of Human Rights. States, their paths of development have long
since diverged. In the colorful words of Father
III. CONSTITUTIONAL LAW Bernas, "[w]e have cut the umbilical cord."”
A. Concept of Constitutional Law (But see the case of Neri v. Senate Committees
where the Court cited many American cases)
Constitutional law is a body of rules resulting from
the interpretation by a high court of cases in which IV. BASIC CONCEPTS
the validity, in relation to the constitutional Constitutionalism
instrument, of some act of government…has been Philippine Constitutionalism
challenged. (Bernas Commentary xxxviii) Doctrine of Constitutional Supremacy
Republicanism
Constitutional law is a term used to designate the Principle of Separation of Powers
law embodied in the constitution and the legal System of Checks and Balances
principles growing out of the interpretation and Judicial Review
application made by courts of the constitution in Due Process
specific cases. (Sinco, Phil. Political Law)
A. Constitutionalism
Constitutional law is the study of the maintenance
of the proper balance between authority Constitutionalism refers to the position or practice
represented by the three inherent powers of the that government be limited by a constitution.
State and liberty as guaranteed by the Bill of
Rights. (Cruz, Constitutional Law) The doctrine or system of government in which the
governing power is limited by enforceable rules of
Constitutional law consist not only of the law, and concentration of power is limited by
constitution, but also of the cases decided by the various checks and balances so that the basic
Supreme Court on constitutional grounds, i.e., rights of individuals and groups are protected.
every case where the ratio decidendi is based on a
constitutional provision. (Defensor-Santiago, B. Philippine Constitutionalism
Constitutional Law)
Constitutionalism in the Philippines, understood in
B. Types of Constitutional law27 the American sense, dates back to the ratification
1. English type28 of Treaty of Paris. Then it grew from a series of
2. European continental type29 organic documents. These are:
3. American type30 (1) Pres. Mc Kinleys’ Instruction to the
Second Phil. Commission,
C. Weight of American Jurisprudence (2) Phil. Bill of 1902,
(3) Phil. Autonomy Act of 1916. (Bernas,
In the case of Francisco v. HR, (2003) The Supreme Commentary xxxviii)
Court speaking through Justice Carpio Morales opined:
“American jurisprudence and authorities, much C. Doctrine of Constitutional Supremacy (2004 Bar
less the American Constitution, are of dubious Exam Question)
application for these are no longer controlling
within our jurisdiction and have only limited If a law violates any norm of the constitution, that
persuasive merit insofar as Philippine law is null and void; it has no effect. (This is an
constitutional law is concerned. As held in overstatement, for a law held unconstitutional is
the case of Garcia vs. COMELEC, "[i]n not always wholly a nullity)
resolving constitutional disputes, [this Court]
should not be beguiled by foreign The American case of Marbury v. Madison laid
jurisprudence some of which are hardly down the classic statement on constitutional
applicable because they have been dictated by supremacy” “It is a proposition too plain to be
different constitutional settings and needs." contested, that the Constitution controls any
27
legislative act repugnant to it.”
Vicente Sinco, Philippine Political Law 67, 10th ed., 1954.
28
Characterized by the absence of a written constitution. Constitutional supremacy produced judicial
29
There is a written constitution which gives the court no power to review.31
declare ineffective statutes repugnant to it.
30
Legal provisions of the written constitution are given effect
through the power of the courts to declare ineffective or void
31
ordinary statutes repugnant to it. Defensor Santiago, Constitutional Law 7.
D. Republicanism
Limitations on the Principle
The essence of republicanism is representation 1. System of Checks and Balances
and renovation, the selection by the citizenry of a 2. Existence of overlapping powers38
corps of public functionaries who derive their
mandate from the people and act on their behalf, F. Checks and Balances
serving for a limited period only, after which they
are replaced or retained at the option of their The Constitution fixes certain limits on the
principal.32 independence of each department. In order that
(More discussion of Republicanism under Article II) these limits may be observed, the Constitution
gives each department certain powers by which it
E. Principle of Separation of Powers may definitely restrain the other from exceeding
their authority. A system of checks and balances is
Essence. In essence, separation of powers means thus formed.39
that legislation belongs to Congress, execution to
the executive, settlement of legal controversies to To carry out the system of checks and balances,
the judiciary. Each is prevented from invading the the Constitution provides:
domain of others. (Bernas, Commentary 656, 2003 1. The acts of the legislative department
ed.) have to be presented to the executive for
Division and Assignment. Its starting point is the approval or disapproval.
assumption of the division of the functions of the 2. The executive department may veto the
government into three distinct classes—the acts of the legislature if in its judgment
executive, the legislative and the judicial. Its they are not in conformity with the
essence consists in the assignment of each class Constitution or are detrimental to the
of functions to one of the three organs of interests of the people.
government.33 3. The courts are authorized to determine
the validity of legislative measures or
Theory. The theory is that “a power definitely executive acts.
assigned by the Constitution to one department 4. Through its pardoning power, the
can neither be surrendered nor delegated by executive may modify or set aside the
that department, nor vested by statute in another judgments of the courts.
department or agency.”34
5. The legislature may pass laws that in
effect amend or completely revoke
Reason. The underlying reason of this principle is
decisions of the courts if in its judgment
the assumption that arbitrary rule and abuse of
they are not in harmony with its intention
authority would inevitably result from the
or policy which is not contrary to the
concentration of the three powers of government in
Constitution.40
the same person, body of persons or organ.35
6. President must obtain the concurrence of
Congress to complete certain significant
More specifically, according to Justice Laurel, the
acts.
doctrine of separation of powers is intended to:
1. Secure action 7. Money can be released from the treasury
2. To forestall overaction only by authority of Congress.41
3. To prevent despotism
4. To obtain efficiency36 G. Judicial Review
History. Separation of powers became the pith and Definition. Judicial review refers to the power of
core of the American system of government largely the courts to test the validity of governmental acts
through the influence of the French political writer in light of their conformity with a higher norm (e.g.
Montesquieu. By the establishment of the American the constitution).
sovereignty in the Philippines, the principle was
introduced as an inseparable feature of the
governmental system organized by the United
States in this country.37 38
The power of appointment is one of these. Although this is
executive in nature, it may however be validly exercised by any of
32 the three departments in selecting its own subordinates precisely to
Cruz, Political Law.
33 protect its independence. (Vicente Sinco, Philippine Political Law
Vicente Sinco, Philippine Political Law 131, 10th ed., 1954. 136, 10th ed., 1954).
34
Williams v. US, 289 US 553 (1933). 39
Vicente Sinco, Philippine Political Law 135, 10th ed., 1954.
35
Vicente Sinco, Philippine Political Law 131, 10th ed., 1954. 40
Tarlac v. Gale, 26 Phil. 338 cited in Vicente Sinco, Philippine
36
Pangasinan Transportaion Co. v. PSC, 40 O.G., 8th Supp. 57. Political Law 135, 10th ed., 1954.
37 41
US v. Bull, 15 Phil 7, 27. Bernas, Commentary 656, 2003 ed.
C. Significance of Territory
I. Territory
II. Archipelago Control over territory is of the essence of a state
III. Archipelagic Principle (Las Palmas case). Certain rights and authority are
IV. RA 9522 exercised within the state’s territory.
V. Magalona v. Ermita
1. State’s sovereignty is over its:
I. Territory o Land territory (and airspace above it)
o Internal Waters (and airspace above it
and seabed under it)
A. What is Territory
o Archipelagic Waters( and airspace
above it and seabed under it)
Territory is the fixed portion of the surface of the
o Territorial Sea (and airspace above it
earth inhabited by the people of the state.54
and seabed under it)
2. The coastal state has a right against innocent
Territory as an element of a state means an area
passage57 in its internal waters.
over which a state has effective control.55
3. The coastal state exercises authority over the
area (contiguous zone) to the extent necessary to
(Read Province of Cotabato v. GRP. October 14,
prevent infringement of customs, fiscal, immigration
2008)
or sanitation authority over its territorial waters or
territory and to punish such infringement.
B. What does territory include?
4. The coastal state has rights over the economic
resources of the sea, seabed and subsoil.
Territory includes land, maritime areas, airspace
and outer space.56 D. Scope of Philippine National Territory Defined in
Article I, Section 1.
Airspace
It includes:
o Each state has exclusive jurisdiction
(1) The Philippine archipelago;
over the air above its territory.
(2) All other territories over which the Philippines
o The consent for transit must be
has sovereignty or jurisdiction;
obtained from the subject nation.
o Aircrafts not engaged in international (3) The territorial sea, seabed, subsoil, insular
air service, shall have the right to make shelves and other submarine areas
flights into or in transit non-stop across its corresponding to (1) and (2). Moreover, (1)
territory and to make steps for non-traffic and (2) consist of terrestrial, fluvial and aerial
purposes without the necessity of obtaining domains.58
prior permission and subject to the right of
the State flown over to require landing. E. Territories Covered under the Definition of Article
(Chicago Convention on International Civil 1
Action) 1. Those ceded to the US by virtue of the Treaty
of Paris on December 10, 1898.
Outerspace 2. Those defined in the treaty concluded between
o Sovereignty over airspace extends the US and Spain (Treaty of Washington) on
only until where outerspace begins. (50-100 November 7, 1990, which were not defined in
miles from earth) the Treaty of Paris, specifically the islands of
Cagayan, Sulu and Sibuto.
Different areas beyond the land territory 3. Those defined in the treaty concluded on
o Territorial Seas (12 N.mi from January 2, 1930, between the US and Great
baseline) Britain (Treaty with Great Britain), specifically
o Contiguous Zone (24 N.mi from the Turtle and Mangsee islands.
4. The island of Batanes, which was covered
baseline)
under a general statement in the 1935
Constitution.
54 57
Cruz, Philippine Political Law, p. 16 (1995 ed). Passage that is not prejudicial to the peace, good order or
55 security of the coastal state.
Bernas, An Introduction to Public International Law, 97 (2002 ed).
56 58
Bernas, An Introduction to Public International Law, 97 (2002 ed). Bernas Primer at 4 (2006 ed.)
5. Those contemplated in the phrase “belonging considered as internal waters. (See Article 53 of
to the Philippines by historic right or legal title” UNCLOS)
in the 1973 Constitution.59
Article 8(2) of UNCLOS: Where the
E. “All other territories which the Philippines has establishment of a straight baseline in
sovereignty and jurisdiction.” accordance with the method set forth in Article
7 has the effect of enclosing as internal waters
areas which had not previously been
This includes any territory which presently belongs considered as such, a right of innocent passage
or might in the future belong to the Philippines as provided in this Convention shall exist in
through any of the internationally modes of those waters.
acquiring territory.
o Batanes islands According to UNCLOS, in “archipelagic waters”, a
o Those belonging to the Philippines by right of innocent passage shall exist in these
historic right or legal title (Sabah, the waters. But, the Philippines made a reservation,
Marianas, Freedomland) thus, “ The concept of archipelagic waters is similar
to the concept of internal waters under the
II. Archipelago Constitution of the Philippines, and removes straits
connecting these waters with the economic zone or
Archipelago
high sea from the rights of foreign vessel to transit
Archipelagic State
passage for international navigation.”
Archipelagic Waters
Philippine Archipelago
Bernas: The reservation is ad cautelam. The claim
made in the Constitution took effect in 1973 before
A. Archipelago
the 1982 Law of the Sea Convention was
formulated. Article 8(2) of the Convention itself
Archipelago is a body of water studded with says that the new rule on archipelagic waters
islands.60 applies only to “areas which had not previously
been considered as” internal waters.61
Q: Do you consider the Spratlys Group of Islands
as part of Philippine Archipelago? D. Philippine Archipelago
A: No. It is far from the three main islands of the
Philippines and it is not covered by what was
The Philippine archipelago is that body of water
ceded in the Treaty of Paris.
studded with islands which is delineated in the
Treaty of Paris, modified by the Treaty of
Q: Do you consider the Spratlys group of Islands
Washington and the Treaty of Great Britain.
as part of the National Territory?
A: Yes. Under the 2nd phrase, “…and all other
territories over which the Philippines has III. Archipelagic Principle
sovereignty and jurisdiction…” Basis: Discovery of Archipelagic Doctrine
Tomas Cloma in the 1950s. Cloma waived his Archipelago Doctrine of Article I
rights over the islands in favor of the Philippine Elements of Archipelagic Doctrine
government. Philippine troops then occupied the Purpose of Archipelagic Doctrine
islands. Marcos issued PD 1956 constituting
Spratllys islands as a regular municipality A. Archipelagic Doctrine
(Municipality of Kalayaan) under the Province of (1989 Bar Question)
Palawan. In May 20, 1980, the Philippines
registered its claim with the UN Secretariat. It is the principle whereby the body of water
studded with islands, or the islands surrounded
B. Archipelagic State with water, is viewed as a unity of islands and
waters together forming one integrated unit. For
Archipelagic state means a state constituted wholly this purpose, it requires that baselines be drawn by
by one or more archipelagos and may include connecting the appropriate points of the “outermost
other islands. (Article 46 (a) of UNCLOS) islands to encircle the islands within the
archipelago. We consider all the waters enclosed
C. Archipelagic Waters by the straight baselines as internal waters.62
1. Definition of internal waters63 foreign vessels exist in the case of internal waters.
2. The straight line method of delineating the (Harris, Cases and Material on International Law,
territorial sea. 5th ed., 1998, p.407)
Q: Differentiate archipelagic waters, territorial Q: Distinguish the flag state and the flag of
sea and internal waters. (2004 Bar Question) convenience. (2004 Bar Question)
A: Flag state means a ship has the nationality of the
flag of the state it flies, but there must be a genuine
According to UNCLOS, Archipelagic waters refers link between the state and the ship. (Article 91 of
to areas enclosed as internal waters by using the the Convention on the Law of the Sea)
baseline method which had not been previously
considered as internal waters. (See Article 53 of Flag of convenience refers to a state with which a
UNCLOS) vessel is registered for various reasons such as
low or non-existent taxation or low operating costs
Territorial sea is an adjacent belt of sea with a although the ship has no genuine link with the
breadth of 12 nautical miles measured from the state. (Harris, Cases and Materials on International
baselines of a state and over which the state has Law, 5th ed., 1998, p. 425.)
sovereignty. (Article 2, 3 of UNCLOS)
“regimes of islands” whose islands generate their own Republic Act 9522 was enacted in March 2009.
applicable maritime zones. Pertinent sections of the said law provide:
RA 9522 is a statutory tool to demarcate country’s Section 1. The baselines of the Philippines archipelago
maritime zones and continental shelf under UNCLOS are hereby defined and described specifically as
III. It does not delineate Philippine Territory. (Magalona follows:
v. Ermita G.R No. 187167, July 16, 2011)
xxx
Significance of drawing baselines: Baselines are
used to measure the breadth of the territorial sea, the Section 2. The baseline in the following areas over
contiguous zone, the exclusive economic zone and the which the Philippines likewise exercises sovereignty
continental shelf. This gives notice to the rest of the and jurisdiction shall be determined as "Regime of
international community of the scope of the maritime Islands" under the Republic of the Philippines
space and submarine areas within which States parties consistent with Article 121 of the United Nations
exercise treaty-based rights, namely, the exercise of Convention on the Law of the Sea (UNCLOS):
sovereignty over territorial waters (Article 2), the
jurisdiction to enforce customs, fiscal, immigration, and a) The Kalayaan Island Group as constituted
sanitation laws in the contiguous zone (Article 33), and under Presidential Decree No. 1596; and
the right to exploit the living and non-living resources in b) Bajo de Masinloc, also known as
the exclusive economic zone (Article 56) and Scarborough Shoal.
continental shelf (Article 77). (Magalona v. Ermita G.R
No. 187167, July 16, 2011) Section 3. This Act affirms that the Republic of the
Philippines has dominion, sovereignty and jurisdiction
V. MAGALONA V. ERMITA over all portions of the national territory as defined in
the Constitution and by provisions of applicable laws…
ANTECENDENTS:
ISSUES:
In 1961, Congress passed Republic Act No. 3046 (RA (1) Whether RA 9522 is unconstitutional for it
3046) demarcating the maritime baselines of the reduces Philippine maritime territory, and
Philippines as an archipelagic State. This law followed logically, the reach of the Philippine state’s
the framing of the Convention on the Territorial Sea and sovereign power, in violation of Article 1 of the
the Contiguous Zone in 1958 (UNCLOS I), codifying, 1987 Constitution, embodying the terms of the
among others, the sovereign right of States parties over Treaty of Paris and ancillary treaties.
their “territorial sea,” the breadth of which, however, (2) Whether RA 9522’s use of UNCLOS III’s
was left undetermined. Attempts to fill this void during regime of islands framework to draw the
the second round of negotiations in Geneva in 1960 baselines, and to measure the breadth of the
(UNCLOS II) proved futile. Thus, domestically, RA 3046 applicable maritime zones of the KIG,
remained unchanged for nearly five decades, save for “weakens our territorial claim” over that area
legislation passed in 1968 (Republic Act No. 5446 [RA (3) Whether RA 9522’s treatment of the KIG as
5446]) correcting typographical errors and reserving the “regime of islands” results in the loss of a large
drawing of baselines around Sabah in North Borneo. maritime area
(4) Whether RA 9522 opens the country’s waters
In March 2009, Congress amended RA 3046 by landward of the baselines to maritime passage
enacting RA 9522, the statute now under scrutiny. The by all vessels and aircrafts, undermining
change was prompted by the need to make RA 3046 Philippine sovereignty and national security,
compliant with the terms of the United Nations contravening the country’s nuclear-free policy,
Convention on the Law of the Sea (UNCLOS III), which and damaging marine resources, in violation of
the Philippines ratified on 27 February 1984. Among relevant constitutional provisions.
others, UNCLOS III prescribes the water-land ratio,
length, and contour of baselines of archipelagic States Whether RA 9522 reduces Philippine maritime
like the Philippines and sets the deadline for the filing of territory, and logically, the reach of the Philippine
application for the extended continental state’s sovereign power, in violation of Article 1 of
shelf. Complying with these requirements, RA 9522 the 1987 Constitution, embodying the terms of the
shortened one baseline, optimized the location of some Treaty of Paris and ancillary treaties.
basepoints around the Philippine archipelago and
classified adjacent territories, namely, the Kalayaan Petitioners submit that RA 9522 “dismembers a large
Island Group (KIG) and the Scarborough Shoal, as portion of the national territory” because it discards the
“regimes of islands” whose islands generate their own pre-UNCLOS III demarcation of Philippine territory
applicable maritime zones. under the Treaty of Paris and related treaties,
successively encoded in the definition of national
FACTS: territory under the 1935, 1973 and 1987 Constitutions.
Petitioners theorize that this constitutional definition
trumps any treaty or statutory provision denying the of the Philippines’ claim over the KIG, assuming that
Philippines sovereign control over waters, beyond the baselines are relevant for this purpose.
territorial sea recognized at the time of the Treaty of
Paris, that Spain supposedly ceded to the United Further, petitioners’ argument that the KIG now lies
States. Petitioners argue that from the Treaty of Paris’ outside Philippine territory because the baselines that
technical description, Philippine sovereignty over RA 9522 draws do not enclose the KIG is negated by
territorial waters extends hundreds of nautical miles RA 9522 itself. Section 2 of the law commits to text the
around the Philippine archipelago, embracing the Philippines’ continued claim of sovereignty and
rectangular area delineated in the Treaty of Paris. jurisdiction over the KIG and the Scarborough Shoal:
Ruling: NO. RA 9522 does not reduce Philippine SEC. 2. The baselines in the
maritime territory as it does not delineate Philippine following areas over which the
territorty. RA 9522 is a statutory tool to demarcate the Philippines likewise exercises
country’s maritime zone and continental shelf under sovereignty and jurisdiction shall
under UNCLOS III. be determined as “Regime of Islands”
under the Republic of the Philippines
consistent with Article 121 of the
[UNCLOS III has nothing to do with the acquisition (or United Nations Convention on the
loss) of territory. It is a multilateral treaty regulating, Law of the Sea (UNCLOS):
among others, sea-use rights over maritime zones.
UNCLOS III and its ancillary baselines laws play no role a) The Kalayaan Island Group as
in the acquisition, enlargement or, as petitioners claim, constituted under Presidential Decree
diminution of territory. Under traditional international law No. 1596 and
typology, States acquire (or conversely, lose) territory b) Bajo de Masinloc, also known as
through occupation, accretion, cession and Scarborough Shoal. (Emphasis supplied)
prescription, not by executing multilateral treaties on the
regulations of sea-use rights or enacting statutes to Far from surrendering the Philippines’ claim over the
comply with the treaty’s terms to delimit maritime zones KIG and the Scarborough Shoal, Congress’ decision to
and continental shelves. Territorial claims to land classify the KIG and the Scarborough Shoal as
features are outside UNCLOS III, and are instead “‘Regime[s] of Islands’ under the Republic of the
governed by the rules on general international law.] Philippines consistent with Article 121”36 of UNCLOS III
manifests the Philippine State’s responsible
Whether RA 9522’s use of UNCLOS III’s regime of observance of its pacta sunt servanda obligation under
islands framework to draw the baselines, and to UNCLOS III. Under Article 121 of UNCLOS III, any
measure the breadth of the applicable maritime “naturally formed area of land, surrounded by water,
zones of the KIG, “weakens our territorial claim” which is above water at high tide,” such as portions of
over that area the KIG, qualifies under the category of “regime of
islands,” whose islands generate their own applicable
Petitioners submit that RA 9522’s use of UNCLOS III’s maritime zones.
regime of islands framework to draw the baselines, and Petitioners' argument for the invalidity of RA 9522 for its
to measure the breadth of the applicable maritime failure to textualize the Philippines' claim over Sabah in
zones of the KIG, “weakens our territorial claim” over North Borneo is also untenable. Section 2 of RA 5446,
that area. which RA 9522 did not repeal, keeps open the door for
drawing the baselines of Sabah:
Ruling: NO. RA 9522’s use of the framework “Regime
of Islands” to determine the maritime zones of the KIG
and the Scarborough Shoal is not inconsistent with the Section 2. The definition of the baselines of
Philippines’ claim of sovereignty over the areas. the territorial sea of the Philippine
Archipelago as provided in this Act is
The configuration of the baselines drawn under RA without prejudice to the delineation of
3046 and RA 9522 shows that RA 9522 merely the baselines of the territorial sea
followed the basepoints mapped by RA 3046, save around the territory of Sabah, situated in
for at least nine basepoints that RA 9522 skipped to North Borneo, over which the Republic
optimize the location of basepoints and adjust the of the Philippines has acquired
length of one baseline (and thus comply with UNCLOS dominion and sovereignty. (Emphasis
III’s limitation on the maximum length of baselines). supplied)
Under RA 3046, as under RA 9522, the KIG and the
Scarborough Shoal lie outside of the baselines drawn
around the Philippine archipelago. This undeniable Whether RA 9522’s treatment of the KIG as “regime
cartographic fact takes the wind out of petitioners’ of islands” results in the loss of a large maritime
argument branding RA 9522 as a statutory renunciation area
I. Principles and State Policies This portion of the Constitution (Article II) might be
II. State as a Legal Concept called the basic political creed of the nation.64
PRINCIPLES
By its very title, Article II of the Constitution is a
III. Republicanism (§ 1) declaration of principles and state policies. x x
IV. Incorporation Clause (§2) x.These principles in Article II are not intended to
V. Supremacy of Civilian be self-executing principles ready for enforcement
Authority(§3) through the courts. They are used by the judiciary
as aids or as guides in the exercise of its power of
VI. Defense of State (§4) judicial review, and by the legislature in its
VII. Peace and Order(§5) enactment of laws. (Tanada v. Angara cited in
VIII. Separation of Church and Tondo Medical Center Employees Association v.
State (§6) CA, July 17, 2007)
STATE POLICIES
B. Function of the “Declaration of Principles and
IX. Independent Foreign State Policies” in the Constitution
Policy(§7)
X. Freedom from Nuclear It is the statement of the basic ideological principles
Weapons(§8) and policies that underlie the Constitution. As such,
XI. Just and Dynamic Social the provisions shed light on the meaning of the
Order (§9) other provisions of the Constitution and they are a
guide for all departments of the government in
XII. Promotion of Social Justice
the implementation of the Constitution.65
(§10)
XIII. Respect for Human C. What are Principles? What are Policies?
Dignity(§11)
XIV. Family, Rearing the Youth Principles are binding rules which must be
(§§ 12-13) observed in the conduct of the government.66
XV. Women(§14)
Policies are guidelines for the orientation of the
XVI. Health (§15) state.67
XVII. Balanced and healthful
Ecology(§-16) Note: The distinction between principles and
XVIII. Education, Science and polices is of little significance because not all of the
Technology(§17) six “principles” are self-executory and some of the
“policies” already anchor justiciable rights.68
XIX. Labor(§18) o Section 5 (maintenance of peace and
XX. Economy(§19) order…promotion of general werlfare…) is a
XXI. Private Sector and Private mere guideline.
Enterprise (§20) o (Section 16 (right of the people to a
XXII. Comprehensive Rural balanced and healthful ecology is right-
Development (§21) conferring provisions. (Oposa vs. Factoran)
XXIII. Indigenous Cultural
Communities (§22) 64
See Tanada v. Angara. See Vicente Sinco, Philippine Political Law
XXIV. Sectoral Organizations (§23) 116 (11th ed., 1962).
65
XXV. Communication and Bernas Primer at 7(2006 ed.)
66
Information (§24) See IV RECORD OF THE CONSTITUTIONAL COMMISSION
XXVI. Local Autonomy (§25) 768 and 580.
67
See IV RECORD OF THE CONSTITUTIONAL COMMISSION
XXVII. Equal Access to 768 and 580.
Opportunities (§26) 68
Bernas Commentary, p 37(2003 ed).
A state refers to a community of persons, more or The supreme and uncontrollable power inherent in
less numerous, permanently occupying a definite a State by which that State is governed.77
portion of territory, independent of external control,
and possessing an organized government to which In auto-limitation terms: It is the property of a State-
the great body of inhabitants render habitual force due to which it has the exclusive capacity of
obedience.69 legal determination and restriction.
B. Elements of a State b. Kinds:
1. People 1. Legal
2. Territory 2. Political
3. Sovereignty 3. Internal
4. Government 4. External
determine the course of law. Sinco prefers not As for judicial decisions. As for judicial decisions
to make the distinction and places legal the same are valid during the occupation and even
sovereignty in the state itself considered as a beyond except those of a political complexion,
juridical person.) which are automatically annulled upon the
restoration of the legitimate authority.82
Political Sovereignty
Sum total of all the influences of a State, legal e. Effects of Change in Sovereignty
and non-legal which determine the course of
law. As to political laws. Where there is a change in
sovereignty, the political laws of the former
Internal Sovereignty sovereign are not merely suspended but
It refers to the power of the State to control its abrogated unless they are retained or re-enacted
domestic affairs. It is the supreme power over by positive act of the new sovereign.
everything within its territory.
As to non-political laws. Non-political laws,
External Sovereignty continue in operation.
Also known as Independence, which is
freedom from external control. It is the power f. Imperium v. Dominium
of State to direct its relations with other
States.80 Imperium. State’s authority to govern. Covers such
activities as passing laws, governing territory,
c. Characteristics of Sovereignty maintaining peace and order over it, and defending
against foreign invasion. This is the authority
It is permanent, exclusive, comprehensive, possessed by the State embraced in the concept of
absolute, indivisible, inalienable, and sovereignty.
imprescriptible.81
Dominium. Capacity of the State to own property.
But wait, in the case of Tanada v. Angara, it was Covers such rights as title to land, exploitation and
held that sovereignty of a state cannot be use of it, and disposition or sale of the same.
absolute. It is subject to limitations imposed by
membership in the family of nations and limitations g. Jurisdiction
imposed by treaties. The Constitution did not
envision a hermit-type isolation of the country from Jurisdiction is the manifestation of sovereignty. The
the rest of the world. (2000 Bar Question) jurisdiction of the state is understood as both its
authority and the sphere of the exercise of that
(Read Province of Cotabato v. GRP. October 14, authority.
2008)
Kinds of Jurisdiction:
d. Effects of Belligerent Occupation 1. Territorial jurisdiction- authority of the
state to have all persons and things within
As to political laws. No change of sovereignty its territorial limits to be completely subject
during a belligerent occupation, the political laws of to its control and protection.83
the occupied territory are merely suspended, 2. Personal jurisdiction- authority of the
subject to revival under the jus postliminium upon state over its nationals, their persons,
the end of the occupation. property, and acts whether within or
outside its territory (e.g. Art. 15,CC)
Note that the rule suspending political laws affects 3. Extra-territorial jurisdiction- authority of
only the civilian inhabitants of the occupied the State over persons, things, or acts,
territory and is not intended to bind the enemies in
arms. Also, the rule does not apply to the law on 82
Cruz, Philippine Political Law, p. 28 (1995 ed
treason although decidedly political in character. 83
Exempt are:
1. Foreign states, heads of state, diplomatic representatives,
As to non-political laws. The non-political laws and consuls to a certain degree;
are deemed continued unless changed by the 2. Foreign state property, including embassies, consulates,
belligerent occupant since they are intended to and public vessels engaged in non-commercial activities;
govern the relations of individuals as among 3. Acts of state;
themselves and are not generally affected by 4. Foreign merchant vessels exercising the rights of innocent
changes in regimes of rulers. passage or involuntary entry, such as the arrival under
stress;
5. Foreign armies passing through or stationed in its territory
with its permission;
80 6. Such other persons or property, including organizations
Cruz, Philippine Political Law, p. 26 (1995 ed). like the United Nations, over which it may, by agreement,
81
Laurel v. Misa, 77 Phil 856. waive jurisdiction.
The (RCA) Rice and Corn Administration is a by military forces who invade and occupy
government machinery to carry out declared a territory of enemy in the course of war.92
government policy to stabilize the price of palay, rice, (Such as the cases of Castine in Maine,
and corn and making it within the reach of average which was reduced to a British possession
consumers. Its activity of buying and selling corn is
only an incident to its government function. Hence,
in the war of 1812, and Tampico, Mexico,
it is exempt from posting an appeal bond. (Republic v. occupied during the war with Mexico by
CFI) the troops of the US.) (Co Kim Chan v.
The “AFP Retirement and Benefits System” is a Valdez , 75 Phil 113)
government entity and its funds are in the nature of
public funds (People v. Sandiganbayan) Note:
Proprietary Function The government under Cory Aquino and the
Undertaking to supply water for a price is considered Freedom Constitution is a de jure government.
a trade and not a governmental activity. (Spouses It was established by authority of the legitimate
Fontanilla v. Maliaman) sovereign, the people. It was a revolutionary
Civil Aeronautics Administration is in charge of the
government established in defiance of the
administration of MIA, it is performing proprietary
functions, hence it can be sued even when the claim 1973 Constitution. (In Re Letter of Associate
is based on a quasi-delict. (CAA v. CA) Justice Puno, 210 SCRA 589 (1992).
Within particular reference to Political Law, an act The essence of republicanism is representation
of State is an act done by the political departments and renovation. The citizenry selects a corps of
of the government and not subject to judicial public functionaries who derive their mandate from
review. An illustration is the decision of the the people and act on their behalf, serving for a
President, in the exercise of his diplomatic power, limited period only, after which they are replaced or
retained at the option of their principal.102
C. Manifestations of Republicanism
94
Sinco, Philippine Political Law, p 7 (1954ed).
95 99
Bernas Primer at 10 (2006 ed.) Cruz, Philippine Political Law, p. 29 (1995 ed).
96 100
Bernas Primer at 11 (2006 ed.) Cruz, Philippine Political Law, p. 50 (1995 ed).
97 101
Bernas Primer at 11 (2006 ed.) Bernas Primer at 11 (2006 ed.)
98 102
Cruz, Philippine Political Law, p. 29 (1995 ed). Cruz, Philippine Political Law, p. 50 (1995 ed).
1. Ours is a government of laws and not of men. 2. Philippines Renounces Not Only War
(Villavicencio v. Lukban, 39 Phil 778) As member of United Nations, the Philippines does
2. Rule of Majority (Plurality in elections) not merely renounce war but adheres to Article 2(4)
3. Accountability of public officials of the UN charter which says: “ All Members shall
4. Bill of Rights refrain in their international relations from the
5. Legislature cannot pass irrepealable laws threat or use of force against the territorial
6. Separation of powers integrity or political independence of any state, or in
any other manner inconsistent with Purposes of the
D. “Democratic State” Untied Nations.”
In the view of the new Constitution, the Philippines 3. Historical Development of the Policy
is not only a representative or republican state but Condemning or Outlawing War in the
also shares some aspects of direct democracy International Scene:
such as “initiative and referendum”. The word 1. Covenant of the League of Nations-
democratic is also a monument to the February
provided conditions for the right to go to war.
Revolution which re-won freedom through direct
action of the people. 2. Kellogg-Briand Pact of 1928- also
known as the General Treaty for the
E. Constitutional Authoritarianism Renunciation of War, ratified by 62 states,
which forbade war as “an instrument of
Constitutional authoritarianism as understood and national policy.”
practiced in the Marcos regime under the 1973 3. Charter of the United Nations- Prohibits
Constitution, was the assumption of extraordinary the threat or use of force against the territorial
powers by the President, including legislative and integrity or political independence of a State.
judicial and even constituent powers.103
B. Incorporation Clause
Q: Is constitutional authoritarianism compatible
with a republican state? “The Philippines…adopts the generally accepted
A: Yes if the Constitution upon which the Executive principles of international law as part of law of the
bases his assumption of power is a legitimate land…”
expression of the people’s will and if the Executive
who assumes power received his office through a 1. Acceptance of Dualist View
valid election by the people.104 Implicit in this provision is the acceptance of the
dualist view of legal systems, namely that
IV. Renunciation of War/ Incorporation Clause/ domestic law is distinct from international law.
Policy of PEJ-FCA with All Nations Since dualism holds that international law and
municipal law belong to different spheres,
Section 2. The Philippines renounces international law becomes part of municipal law
war as an instrument of national only if it is incorporated in to municipal law.105
policy, adopts the generally accepted
principles of international law as part 2 Doctrine of Incorporation (1997 Bar Question)
of law of the land and adheres to the Every state is, by reason of its membership in the
policy of peace, equality, justice, family of nations, bound by the generally
freedom, cooperation, and amity with accepted principles of international law, which
all nations. are considered to be automatically part of its
own laws. This is the doctrine of incorporation.106
A. Renunciation of War
3. International Law
“The Philippines renounces war as an instrument of International Law
national policy…” Traditional definition: It is a body of rules and
(Read along Preamble, Article II Secs. 7 &8; Article principles of action which are binding upon civilized
XVIII Sec. 25) states in their relation to one another.
Restatement: The law which deals with the conduct
1. Aggressive War of states and of international organizations and
The Philippines only renounces AGGRESSIVE war with their relations inter se, as well as with some
as an instrument of national policy. It does not other relations with persons, natural or juridical.
renounce defensive war.
105
103
Bernas Primer at 12 (2006 ed.) Bernas Commentary, p 61 (2003 ed).
104 106
Bernas Primer at 12 (2006 ed.) Cruz, Philippine Political Law, p. 55 (1995 ed).
107
Bernas Commentary, p 61 (2003 ed). 113
108
Bernas Primer at 13 (2006 ed.)
Bernas Commentary, p 61 (2003 ed). 114
Article II, Section 3.
109
Bernas Primer at 13 (2006 ed.) 115
Article VII, Section 18. See IBP v. Zamora.
110 116
Cruz, Philippine Political Law, p. 67 (1995 ed). Article XVI, Seciton 5.
111 117
Cruz, Philippine Political Law, p. 67 (1995 ed). Bernas Commentary, p 66 (2003 ed).
112 118
Article VII, Section 18. Bernas Commentary, p 66 (2003 ed).
D. Exceptions
VII. Peace and Order 1. Churches, parsonages, etc. actually, directly
and exclusively used for religious purposes
shall be exempt from taxation. (Article VI,
Section 5. The maintenance of
Section 28(3)).
peace and order, the protection of life,
2. When priest, preacher, minister or dignitary is
liberty and property, and the
assigned to the armed forces, or any penal
promotion of general welfare are
institution or government orphanage or
essential for the enjoyment by all the
leprosarium, public money may be paid to
people of the blessings of democracy.
them. (Article VI, Section 29(2))
3. Optional religious instruction for public
Section 5 is not a self-executing provision. It is elementary and high school students. (Article
merely a guideline for legislation. (Kilosbayan v. XIV, Section 3(3)).
Morato) 4. Filipino ownership requirement for education
institutions, except those established by
Right to bear arms. The right to bear arms is a religious groups and mission boards. (Article
statutory, not a constitutional right. The license to XIV, Section 4(2)).
carry a firearm is neither a property nor a property
right. Neither does it create a vested right. Even if it
were a property right, it cannot be considered STATE POLICIES
absolute as to be placed beyond the reach of
police power. The maintenance of peace and order,
IX. Independent Foreign Policy
and the protection of the people against violence
are constitutional duties of the State, and the right
to bear arms is to be construed in connection and Section 7. The State shall pursue an
in harmony with these constitutional duties. independent foreign policy. In its
(Chavez v. Romulo, 2004) relations with other states the
paramount consideration shall be
VIII. Separation of Church and State national sovereignty, territorial
integrity, national interest, and the
right to self-determination.
Section 6. The separation of Church
and State shall be inviolable.
The word “relations” covers the whole gamut of
treaties and international agreements and other
A. Rationale kinds of intercourse.121
“Strong fences make good neighbors.” The idea is to X. Freedom from Nuclear Weapons
delineate boundaries between the two institutions and
thus avoid encroachments by one against the other
because of a misunderstanding of the limits of their Section 8. The Philippines consistent
respective exclusive jurisdictions.119 with the national interest, adopts and
pursues a policy of freedom from
B. Who is Prohibited from Interfering nuclear weapons in its territory.
Doctrine cuts both ways. It is not only the State that is A. Scope of Policy
prohibited from interfering in purely ecclesiastical
affairs; the Church is likewise barred from meddling in The policy includes the prohibition not only of the
purely secular matters. 120(Cruz) possession, control, and manufacture of nuclear
weapons but also nuclear arms tests.
119
Cruz, Philippine Political Law, p. 65 (1995 ed).
120 121
Cruz, Philippine Political Law, p. 65 (1995 ed). Bernas Commentary, p 72 (2003 ed).
Exception to this policy may be made by the Section 11. The State values the
political department but it must be justified by the dignity of every human person and
demands of the national interest.122 guarantees full respect for human
rights.
The policy does not prohibit the peaceful use of
nuclear energy.123
The concretization of this provision is found
principally in the Bill of Rights and in the human
C. Implication of the Policy for the Presence of
rights provision of Article XIII.126
American Troops
Facts: Petitioners questioned the constitutionality
Any new agreement on bases or the presence of of PD 1869, which created the PAGCOR and
the troops, if ever there is one, must embody the authorized it to operate gambling casinos, on the
basic policy of freedom from nuclear weapons. ground that it violated Sections 11, 12 and 13 of
Moreover, it would be well within the power of Article II of the Constitution.
government to demand ocular inspection and Held: These provisions are merely statements of
removal of nuclear arms.124 policies which are not self-executing. A law has to
be passed to implement them. (Basco v. PAGCOR,
XI. Just and Dynamic Social Order 197 DCRA 52)127
Social justice simply means the equalization of Family” means a stable heterosexual relationship.
economic, political, and social opportunities with The family is not a creature of the State.128
special emphasis on the duty of the state to tilt the
balance of social forces by favoring the B. Effect of the Declaration of Family Autonomy
disadvantaged in life.125
122
Bernas Primer at 15 (2006 ed.)
123 126
Bernas Primer at 15 (2006 ed.) Bernas Commentary, p 83 (2003 ed).
124 127
Bernas Primer at 15 (2006 ed.) Jacinto Jimenez, Political Law Compendium, 4 (2006 ed.)
125 128
Bernas Primer at 16 (2006 ed.) Bernas Commentary, p 84 (2003 ed).
It accepts the principle that the family is anterior to Parens Patriae. However, as parens patriae, the
the State and not a creature of the State. It protects State has the authority and duty to step in where
the family from instrumentalization by the State.129 parents fail to or are unable to cope with their
duties to their children.
C. Purpose of Assertion of Protection of the Unborn
XV. Women
The purpose of the assertion that the protection
begins from the time of conception is to prevent Section 14. The State recognizes the
the State form adopting the doctrine in Roe v. role of women in nation-building, and
Wade which liberalized abortion laws up to the shall ensure the fundamental equality
sixth month of pregnancy by allowing abortion any before the law of women and men.
time during the first six months of pregnancy
provided it can be done without danger to the
The provision is so worded as not to automatically
mother.
dislocate the Civil Code and the civil law
jurisprudence on the subject. What it does is to
D. Legal Meaning of the Protection Guaranteed for
give impetus to the removal, through statutes, of
the Unborn.
existing inequalities. The general idea is for the law
1. This is not an assertion that the unborn is to ignore sex where sex is not a relevant factor in
a legal person. determining rights and duties. Nor is the provision
2. This is not an assertion that the life of the meant to ignore customs and traditions.131
unborn is placed exactly on the level of the life
of the mother. (When necessary to save the In Philippine Telegraph and Telephone Co. v.
life of the mother, the life of the unborn may be NLRC, 1997, the Supreme Court held that the
sacrificed; but not when the purpose is merely petitioner’s policy of not accepting or considering
to save the mother from emotional suffering, as disqualified from work any woman worker who
for which other remedies must be sought, or to contracts marriage , runs afoul of the test of, and
spare the child from a life of poverty, which can the right against discrimination, which is
be attended to by welfare institutions.)130 guaranteed all women workers under the
Constitution. While a requirement that a woman
E. Education employee must remain unmarried may be justified
as a “bona fide qualification” where the particular
In the matter of education, the primary and natural requirements of the job would demand the same,
right belongs to the parents. The State has a discrimination against married women cannot be
secondary and supportive role. adopted by the employer as a general principle.
Religious Upbringing. The State cannot require XVII. Balanced and Healthful Ecology
children to continue schooling beyond a certain
age in the honest and sincere claim of parents that Section 16. The State shall protect and
such schooling would be harmful to their religious advance the right of the people to a
upbringing. Only those interests of the State “of the balanced and healthful ecology in
highest order and those not otherwise served can accord with the rhythm and harmony of
overbalance” the primary interest of parents in the nature.
religious upbringing of their children. (Wisconsin v.
Yoder)
131
Bernas Primer at 18 (2006 ed.)
129
Bernas Primer at 16 (2006 ed.) 132
Tondo Medical Center Employees v. CA. G.R. No.
130
Bernas Primer at 17 (2006 ed.) 167324, July 17, 2007.
Section 16 provides for enforceable rights. Hence, requirements, the exercise of this right may be
appeal to it has been recognized as conferring regulated pursuant to the police power of the State
“standing” on minors to challenge logging policies to safeguard health, morals, peace, education,
of the government. (Oposa v. Factoran) order, safety and general welfare.
Thus, persons who desire to engage in the learned
While the right to a balanced and healthful professions requiring scientific or technical
ecology is to be found under the Declaration of knowledge may be required to take an examination
Principles and State Policies and not under the Bill as a prerequisite to engaging in their chosen
of Rights, it does not follow that it is less important careers. This regulation assumes particular
than any of the civil and political rights enumerated pertinence in the field of medicine, in order to
in the latter. Such a right belongs to a different protect the public from the potentially deadly effects
category of rights for it concerns nothing less than of incompetence and ignorance. (PRC v. De
self-preservation and self-perpetuation. These Guzman, 2004)
basic rights need not even be written in the
Constitution for they are assumed to exist from the XIX. Labor
inception of humankind. (Oposa v. Factoran,1993)
Section 18. The State affirms labor
On this basis too, the SC upheld the empowerment
as a primary social economic force. It
of the Laguna Lake Development Authority (LLDA)
shall protect the rights of workers and
to protect the inhabitants of the Laguna Lake Area
promote their welfare.
from the deleterious effects of pollutants coming
from garbage dumping and the discharge of
wastes in the area as against the local autonomy “A primary social economic force” means that the
claim of local governments in the area. (LLDA v. human factor has primacy over non-human factors
CA, 1995) of production.
See Rule of Procedure on Environmental Protection to labor does not indicate promotion of
Cases. employment alone. Under the welfare and social
justice provisions of the Constitution, the promotion
See Writ of Kalikasan under Article VIII. of full employment, while desirable, cannot take a
backseat to the government’s constitutional duty to
provide mechanisms for the protection of our
XVIII. Education, Science and Technology
workforce, local or overseas. (JMM Promotion and
Management v. CA, 260 SCRA 319)
Section 17. The State shall give
priority to education, science and What concerns the Constitution more paramountly
technology, arts, culture and sports to is employment be above all, decent, just and
foster patriotism, nationalism, humane. It is bad enough that the country has to
accelerate social progress, and send its sons and daughters to strange lands,
promote total human liberation and because it cannot satisfy their employment needs
development. at home. Under these circumstances, the
(See Article XIV, Section 2) Government is duty bound to provide them
adequate protection, personally and economically,
This does not mean that the government is not free while away from home. (Philippine Association of
to balance the demands of education against other Service Exporters v. Drilon, 163 SCRA 386)
competing and urgent demands. (Guingona v.
Carague) XX. Self-Reliant and Independent Economy
change of feedstock from naptha only to naptha XXIV. Independent People’s Organizations;
and/or LPG do not prove to be advantageous to Volunteerism
the government. This is a repudiation of the
independent policy of the government to run its
Section 23. The State shall
own affairs the way it deems best for national
encourage non-governmental,
interest.) (Garcia v. BOI)
community-bases, or sectoral
organizations that promote the
The WTO agreement does not violate Section 19 of
welfare of the nation.
Article II, nor Sections 10 and 12 of Article XII,
because said sections should be read and (See Article XIII, Sections 15-16)
understood in relation to Sections 1 and 3, Article
XII, which requires the pursuit of a trade policy that The provision recognizes the principle that
“serves the general welfare and utilizes all forms volunteerism and participation of non-governmental
and arrangements of exchange on the basis of organizations in national development should be
equality and reciprocity.” (Tanada V. Angara) encouraged.133
XXI. Private Sector and Private Enterprise XXV. Communication and Information
Section 20. The State recognizes the Section 24. The State recognizes the
indispensable role of the private vital role of communication and
sector, encourages private enterprise, information in nation-building.
and provides incentives to needed (See Article XVI, Sections 10-11; Article XVIII,
investments. Section 23)
XXII. Comprehensive Rural Development Section 25. The State shall ensure
the autonomy of local governments.
Section 21. The State shall promote (See Article X)
comprehensive rural development
and agrarian program. Local autonomy under the 1987 Constitution simply
(See Article XIII, Sections 4-10) means “decentralization” and does not make the
local governments sovereign within the State or an
Comprehensive rural development includes not imperium in imperio. (Basco v. PAGCOR)
only agrarian reform. It also encompasses a broad
spectrum of social, economic, human, cultural, Decentralization of administration is merely a
political and even industrial development. delegation of administrative powers to the local
government unit in order to broaden the base of
governmental powers. Decentralization of power is
XXIII. Indigenous Cultural Communities
abdication by the national government of
governmental powers.
Section 22. The State recognizes
and promotes the rights of indigenous Even as we recognize that the Constitution
cultural communities within the guarantees autonomy to local government units,
framework of national unity and the exercise of local autonomy remains subject to
development. the power of control by Congress and the power of
(See Article VI Section 5(2); Article XII, Section 5; general supervision by the President. (Judge
Article XIV, Section 17; See Cruz v. DENR) Dadole v. Commission on Audit, 2002)
XXVII. Equal Access to Opportunities A law was passed dividing the Philippines into
three regions (Luzon, Visayas and Mindanao)
each constituting an independent state except
Section 26. The State shall
on matters of foreign relations, national
guarantee equal access to
defense and national taxation, which are vested
opportunities for public service, and
in the Central Government. Is the law valid?
prohibit political dynasties as may be
defined by law.
The law dividing the Philippines into three regions
(See Article VII, Section 13; Article XIII, Sections 1- each constituting an independent state and vesting
2) in a central government matters of foreign
relations, national defense and national taxation is
Purpose. The thrust of the provision is to impose unconstitutional.
on the state the obligation of guaranteeing equal 1. It violates Article I, which guarantees the
access to public office.134 integrity of the national territory of the
Philippines because it divided the
There is no constitutional right to run for or hold Philippines into three states.
public office. What is recognized is merely a 2. It violates Section 1, Article II of the
privilege subject to limitations imposed by law. Constitution which provides for the
Section 26 of the Constitution neither bestows such establishment of democratic and republic
right nor elevates the privilege to the level of an states by replacing it with three states
enforceable right. (Pamatong v. COMELEC) organized as a confederation.
3. It violates Section 22, Article II of the
XXVIII. Public Service Constitution, which, while recognizing and
promoting the rights of indigenous cultural
Section 27. The State shall maintain communities, provides for national unity
honesty and integrity in public service and development.
and take positive and effective 4. It violates Section 15, Article X of the
measures against graft and Constitution, which, provides for
corruption. autonomous regions in Muslim Mindanao
(See Article IX-D; Article XI, Sections 4-15) and in the cordilleras within the framework
of national sovereignty as well as
territorial integrity of the Republic of the
XXIV. Full Public Disclosure
Philippines.
(1989 and 2000 Bar Question) 5. It violates the sovereignty of the Republic
Section 28. Subject to reasonable of the Philippines.
conditions prescribed by law, the
State adopts and implements a policy Province of North Cotabato v. Government of the
of full public disclosure of all its Republic of the Philippines
transactions involving public interest. October 14, 2008, GR 183591
(Article III, Section 7; Article VI Sections 12 and 20;
Article VII, Section 20; Article XI, Section 17; Article XII, FACTS:
Section 21) Peace negotiations between the GRP135 and MILF136
began in 1996. Formal peace talks between the parties
were held in Tripoli, Libya in 2001, the outcome of
It is well established in jurisprudence that neither
which was the GRP-MILF Tripoli Agreement on Peace
the right to information nor the policy of full public
(Tripoli Agreement 2001) containing the basic
disclosure is absolute, there being matters which, principles and agenda on the following aspects of the
albeit of public concern or public interest, are negotiation: Security Aspect, Rehabilitation Aspect,
recognized as privileged in nature. (Akbayan v. and Ancestral Domain Aspect. In 2005, several
Aquino, 2008) exploratory talks were held between the parties in
Kuala Lumpur, eventually leading to the crafting of the
Section 28 is self executory. (Province of North draft MOA-AD137 in its final form, which was set to be
COtabato v. GRP) signed on August 5, 2008. Several petitions were filed
seeking, among others, to restrain the signing of the
Read JPEPA, NERI and NORTH COTABATO
135
cases. Government of the Republic of the Philippines
136
Moro Islamic Liberation Front: The MILF is a rebel group
xxx which was established in March 1984 when, under the
leadership of the late Salamat Hashim, it splintered from the
(1996 Bar Question) Moro National Liberation Front (MNLF) then headed by Nur
Misuari, on the ground, among others, of what Salamat
perceived to be the manipulation of the MNLF away from an
Islamic basis towards Marxist-Maoist orientations.
134 137
Bernas Commentary, p 99 (2003 ed). Memorandum of Agreement on Ancestral Domain
MOA-AD. Petitions allege, among others, that the And it states that the structure of governance is to be
provisions of the MOA-AD violate the Constitution. based on executive, legislative, judicial, and
administrative institutions with defined powers and
The MOA-AD mentions the “Bangsamoro Juridical functions in the Comprehensive Compact. The BJE is
Entity” (BJE) to which it grants the authority and granted the power to build, develop and maintain its
jurisdiction over the Ancestral Domain and Ancestral own institutions inclusive of civil service, electoral,
Lands of the Bangsamoro. The territory of the financial and banking, education, legislation, legal,
Bangsamoro homeland is described as the land mass economic, police and internal security force, judicial
as well as the maritime, terrestrial, fluvial and alluvial system and correctional institutions, the details of
domains, including the aerial domain and the which shall be discussed in the negotiation of the
atmospheric space above it, embracing the Mindanao- comprehensive compact.
Sulu-Palawan geographic region.
Paragraph 1 on CONCEPTS AND PRINCIPLES of MOA-
The Parties to the MOA-AD stipulate that:
AD states:
The BJE shall have jurisdiction over all natural
resources within its “internal waters,” defined 1. It is the birthright of all Moros and
as extending fifteen (15) kilometers from the all Indigenous peoples of Mindanao
coastline of the BJE area; to identify themselves and be
The BJE shall also have “territorial waters,” accepted as “Bangsamoros”. The
which shall stretch beyond the BJE internal Bangsamoro people refers to those who
waters up to the baselines of the Republic of are natives or original inhabitants of
the Philippines (RP) south east and south Mindanao and its adjacent islands
west of mainland Mindanao; including Palawan and the Sulu
Within these territorial waters, the BJE and archipelago at the time of conquest or
the “Central Government” (used colonization of its descendants whether
interchangeably with RP) shall exercise joint mixed or of full blood. Spouses and their
jurisdiction, authority and management over descendants are classified as
all natural resources. Bangsamoro. The freedom of choice of
The BJE is free to enter into any economic the Indigenous people shall be respected.
cooperation and trade relations with foreign
countries and shall have the option to ISSUE :
establish trade missions in those countries. Whether MOA-AD is constitutional.
Such relationships and understandings,
however, are not to include aggression HELD:
against the GRP. The BJE may also enter Main Opinion, J. Carpio-Morales:
into environmental cooperation agreements. No. The MOA-AD is inconsistent with the Constitution
The external defense of the BJE is to remain and laws as presently worded:
the duty and obligation of the Central 1. The concept of association is not
Government. The Central Government is also recognized under the present
bound to “take necessary steps to ensure the Constitution.
BJE’s participation in international meetings 2. The MOA-AD would not comply with Article X
and events” like those of the ASEAN and the Section 20 of the Constitution
specialized agencies of the UN. 3. Article II, Section 22 of the Constitution
The BJE is to be entitled to participate in must also be amended if the scheme
Philippine official missions and delegations for envisioned in the MOA-AD is to be
the negotiation of border agreements or effected.
protocols for environmental protection and 4. The MOA-AD is also inconsistent with R.A. No.
equitable sharing of incomes and revenues 9054 (The Organic Act of the ARMM)
involving the bodies of water adjacent to or 5. The MOA-AD is also inconsistent with
between the islands forming part of the IPRA
ancestral domain. 6. Even if the UN DRIP were considered as
part of the law of the land pursuant to
The MOA-AD further provides for the sharing of Article II, Section 2 of the Constitution, it
minerals on the territorial waters between the Central would not suffice to uphold the validity
Government and the BJE, in favor of the latter, of the MOA-AD so as to render its
through production sharing and economic cooperation compliance with other laws
agreement. The activities which the Parties are unnecessary.
allowed to conduct on the territorial waters are
enumerated, among which are the exploration and The concept of association is not recognized
utilization of natural resources, regulation of shipping under the present Constitution.
and fishing activities, and the enforcement of police No province, city, or municipality, not even the ARMM,
and safety measures. is recognized under our laws as having an
“associative” relationship with the national
The MOA-AD describes the relationship of the Central government. Indeed, the concept implies powers that
Government and the BJE as “associative,” go beyond anything ever granted by the Constitution
characterized by shared authority and responsibility. to any local or regional government. It also implies
the recognition of the associated entity as a state. The associative arrangement does not uphold national
Constitution, however, does not contemplate any state unity. While there may be a semblance of unity
in this jurisdiction other than the Philippine State, because of the associative ties between the BJE and
much less does it provide for a transitory status that the national government, the act of placing a portion
aims to prepare any part of Philippine territory for of Philippine territory in a status which, in international
independence. practice, has generally been a preparation for
independence, is certainly not conducive to national
It is not merely an expanded version of the ARMM, the unity.
status of its relationship with the national government
being fundamentally different from that of the ARMM. The MOA-AD is also inconsistent with IPRA.
Indeed, BJE is a state in all but name as it meets the IPRA,lays down the prevailing procedure for the
criteria of a state laid down in the Montevideo delineation and recognition of ancestral domains. The
Convention, namely, a permanent population, a MOA-AD’s manner of delineating the ancestral domain
defined territory, a government, and a capacity to of the Bangsamoro people is a clear departure from
enter into relations with other states. that procedure. By paragraph 1 of TERRITORY of the
MOA-AD, Parties simply agree that, subject to the
Even assuming arguendo that the MOA-AD would not delimitations in the agreed Schedules, “[t]he
necessarily sever any portion of Philippine territory, Bangsamoro homeland and historic territory refer to
the spirit animating it – which has betrayed itself by its the land mass as well as the maritime, terrestrial,
use of the concept of association – runs counter to the fluvial and alluvial domains, and the aerial domain, the
national sovereignty and territorial integrity of the atmospheric space above it, embracing the Mindanao-
Republic. Sulu-Palawan geographic region.”
The defining concept underlying the relationship International law has long recognized the right to self-
between the national government and the BJE being determination of “peoples,” understood not merely as
itself contrary to the present Constitution, it is not the entire population of a State but also a portion
surprising that many of the specific provisions of the thereof. The people’s right to self-determination
MOA-AD on the formation and powers of the BJE are in should not, however, be understood as extending to a
conflict with the Constitution and the laws. unilateral right of secession.
Article X, Section 18 of the Constitution In a historic development last September 13, 2007,
provides that “[t]he creation of the autonomous the UN General Assembly adopted the United Nations
region shall be effective when approved by a majority Declaration on the Rights of Indigenous Peoples (UN
of the votes cast by the constituent units in a DRIP) through General Assembly Resolution 61/295
plebiscite called for the purpose, provided that only the Philippines being included among those in favor,
provinces, cities, and geographic areas voting The Declaration clearly recognized the right of
favorably in such plebiscite shall be included in the indigenous peoples to self-determination,
autonomous region.” encompassing the right to autonomy or self-
government. Self-government, as used in international
The BJE is more of a state than an autonomous legal discourse pertaining to indigenous peoples, has
region. But even assuming that it is covered by the been understood as equivalent to “internal self-
term “autonomous region” in the constitutional determination.”
provision just quoted, the MOA-AD would still be in
conflict with it. Under paragraph 2(c) on TERRITORY Assuming that the UN DRIP, like the Universal
in relation to 2(d) and 2(e), the present geographic Declaration on Human Rights, must now be regarded
area of the ARMM and, in addition, the municipalities as embodying customary international law– still, the
of Lanao del Norte which voted for inclusion in the obligations enumerated therein do not strictly require
ARMM during the 2001 plebiscite – Baloi, Munai, the Republic to grant the Bangsamoro people, through
Nunungan, Pantar, Tagoloan and Tangkal – are the instrumentality of the BJE, the particular rights and
automatically part of the BJE without need of another powers provided for in the MOA-AD. Even the more
plebiscite, in contrast to the areas under Categories A specific provisions of the UN DRIP are general in
and B mentioned earlier in the overview. That the scope, allowing for flexibility in its application by the
present components of the ARMM and the above- different States.
mentioned municipalities voted for inclusion therein in
2001, however, does not render another plebiscite There is, for instance, no requirement in the UN DRIP
unnecessary under the Constitution, precisely because that States now guarantee indigenous peoples their
what these areas voted for then was their inclusion in own police and internal security force. Indeed, Article
the ARMM, not the BJE. 8 presupposes that it is the State which will provide
protection for indigenous peoples against acts like the
Article II, Section 22 of the Constitution must forced dispossession of their lands – a function that is
also be amended if the scheme envisioned in the normally performed by police officers. If the
MOA-AD is to be effected. protection of a right so essential to indigenous people’s
That constitutional provision states: “The State identity is acknowledged to be the responsibility of the
recognizes and promotes the rights of indigenous State, then surely the protection of rights less
cultural communities within the framework of national significant to them as such peoples would also be the
unity and development.” (Underscoring supplied) An duty of States. Nor is there in the UN DRIP an
acknowledgement of the right of indigenous peoples to The ICCs/IPs have, under the IPRA, the right to
the aerial domain and atmospheric space. What it participate fully at all levels of decision-making in
upholds, in Article 26 thereof, is the right of matters which may affect their rights, lives and
indigenous peoples to the lands, territories and destinies. The MOA-AD, an instrument recognizing
resources which they have traditionally owned, ancestral domain, failed to justify its non-compliance
occupied or otherwise used or acquired. Moreover, the with the clear-cut mechanisms ordained in IPRA, which
UN DRIP, while upholding the right of indigenous entails, among other things, the observance of the
peoples to autonomy, does not obligate States to free and prior informed consent of the ICCs/IPs. The
grant indigenous peoples the near-independent status IPRA does not grant the Executive Department or any
of an associated state. government agency the power to delineate and
recognize an ancestral domain claim by mere
Even if the UN DRIP were considered as part of the law agreement or compromise. In proceeding to make a
of the land pursuant to Article II, Section 2 of the sweeping declaration on ancestral domain, without
Constitution, it would not suffice to uphold the validity complying with the IPRA, which is cited as one of the
of the MOA-AD so as to render its compliance with TOR of the MOA-AD, respondents clearly
other laws unnecessary. transcended the boundaries of their authority. (J.
Carpio-Morales)
Issue :
Did respondents violate constitutional and statutory
provisions on public consultation and the right to
information when they negotiated and later initialed
the MOA-AD?
Held:
Main Opinon, J. Carpio-Morales: YES. As regards
this issue, the respondents violated the following legal
provisions:
-Article II, Section 28
-Article III Section 7
-Executive Order No. 3
-Local Government Code
-IPRA
IPRA
challenged as an undue delegation of the power to assemblies in the Public Assembly Act on
tax. The Court said that, since the purpose of the the ground that it constituted an undue
law was not revenue generation but energy delegation of legislative power. There is
regulation, the power involved was more police however a reference to “imminent and grave
power than the power to tax. Moreover the Court danger of a substantive evil: in Section 6(c).
added that the power to tax can be used for Decide.
regulation. As to the validity of the delegation to an A: The law provides a precise and sufficient
executive agency, the Court was satisfied that the standard, the clear and present danger test
delegating law was complete in itself and the in Section 6(a). The reference to imminent
amount to be charged was made certain by the and grave danger of a substantive evil in
parameters set by the law itself. Section 6(c) substantially means the same.
(Bayan v. Ermita)
J. Requisites for a valid delegation of rule-making
power or execution: (2005 Bar Question) 4. Examples of sufficient standards
o “Necessary or advisable in the public interest” as
(1) The delegating law must be complete in itself a standard. Public interest in this case is sufficient
standard pertaining to the issuance or cancellation
– it must set therein the policy to be carried out
of certificates or permits. And the term “public
or implemented by the delegate. interest’ is not without a settled meaning. (People vs.
(2) The delegating law must fix a sufficient Rosenthal)
standard- the limits of which are sufficiently o “Necessary in the interest of law and
determinate or determinable, to which the order” as a standard. An exception to the general
delegate must conform in the performance of rule, sanctioned by immemorial practice, permits the
his functions. central legislative body to delegate legislative
powers to local authorities. (Rubi vs. Provincial
Importance of Policy. Without a statutory Board of Mindoro)
o “To promote simplicity, economy and
declaration of policy, the delegate would, in effect,
efficiency” as a standard. (Cervantes vs. Auditor
make or formulate such policy, which is the General)
essence of every law. o “Of a moral, educational, or amusing and
harmless character” as a standard. (Mutual Film Co.
Importance of Standard. Without standard, there vs. Industrial Commission of Ohio)
would be no means to determine with reasonable o “To maintain monetary stability promote
certainty whether the delegate has acted within or a rising level of production, employment and real
beyond the scope of his authority. Hence, he could income” as a standard. (People vs. Jollife)
thereby arrogate upon himself the power, not only o “Adequate and efficient instruction” as
to make law, but also to unmake it, by adopting standard. (Philippine Association of Colleges and
Universities vs. Sec. of Education.
measures inconsistent with the end sought to be
o “Justice and equity and substantial merits of the
attained by the Act of Congress. (Pelaez v. Auditor
case” as a standard. The discretionary power thus
General) conferred is judicial in character and does not
infringe upon the principle of separation of powers
K. Standards the prohibition against the delegation of legislative
1. Need not be explicit function (International Hardwood and Veneer Co. vs.
2. May be found in various parts of the statute Pangil Federation of Labor)
3. May be embodied in other statutes of the o “Fair and equitable employment
practices” as a standard. The power of the POEA in
same statute
requiring the model contract is not unlimited as there
is a sufficient standard guiding the delegate in the
1. A legislative standard need not be explicit or exercise of the said authority. (Eastern Shipping
formulated in precise declaratory language. It can Lines Inc. vs. POEA)
be drawn from the declared policy of the law and o “As far as practicable”, “decline of crude
from the totality of the delegating statute. (Osmena oil prices in the world market” and “stability of the
v. Orbos) It can be implied from the policy and peso exchange rate to the US dollar” as standards.
purpose of the law (Agustin v. Edu) The dictionary meanings of these words are well
settled and cannot confuse men of reasonable
intelligence. (However, by considering another factor
2. A legislative standard may be found in various
to hasten full deregulation, the Executive
parts of the statute. (Tablarin v. Guttierez) Department rewrote the standards set forth in the
statute. The Executive is bereft of any right to alter
3. A legislative standard need not be found in the either by subtraction or addition the standards set in
law challenged and may be embodied in other the statute.) (Tatad vs. Sec of Energy)
statues on the same subject. (Chiongbayan v
Orbos) L. Examples of invalid delegation
o Where there is no standard that the officials
Q: Petitioners questioned the grant of the must observe in determining to whom to distribute
powers to mayors to issue permits for public the confiscated carabaos and carabeef, there is thus
an invalid delegation of legislative power. (Ynot v. (3) Power of Taxation (art. 6 §28(3), art. 14 §4(3),
IAC) art 6, §29(4))
o Where a provision provides that the penalty (4) Investigatory Power (art. 6 §21)
would be a fine or 100 pesos OR imprisonment in (5) Oversight function (art. 6 §22)
the discretion of the court without prescribing the (6) Power to declare the existence of state of war
minimum and maximum periods of imprisonment, a (art. 6 §23(1))
penalty imposed based thereon is unconstitutional. It (7) Power to act as Board of Canvassers in election
is not for the courts to fix the term of imprisonment
of President149 (art 7 §4)
where no points of reference have been provided by
the legislature. (People v. Dacuycuy) (8) Power to call a special election for President
o Where the statute leaves to the sole discretion and Vice-President. (art. 7 §10)
of the Governor-General to say what was and what (9) Power to judge President’s physical fitness to
was not “any cause” for enforcing it, the same is an discharge the functions of the Presidency (art.
invalid delegation of power. The Governor-General 7§11)
cannot by proclamation, determine what act shall (10) Power to revoke or extend suspension of the
constitute a crime or not. That is essentially a privilege of the writ of habeas corpus or
legislative task. (US vs. Ang Tang) declaration of martial law. (art. 7 §18)
o Where a statute requires every public utility “to
(11) Power to concur in Presidential amnesties.
furnish annually a detailed report of finances and
operations in such form and containing such matter Concurrence of majority of all the members of
as the Board may, from time to time, by order, Congress. (art.7 §19)
prescribe”, it seems that the legislature simply (12) Power to concur in treaties or international
authorized the Board to require what information the agreements. Concurrence of at least 2/3 of all
Board wants. Such constitutes an unconstitutional the members of the Senate.(art.7 §21)
delegation of legislative power. (Compana General (13) Power to confirm certain
de Tabacos de Filipinas vs. Board of Public Utility appointments/nominations made by the
Commissioners)
President (art.7 §9, art.7§16)
o Where the legislature has not made the (14) Power of Impeachment (art.11§2)
operation (execution) of a statute contingent upon (15) Power relative to natural resources 150 (art. 12
specified facts or conditions to be ascertained by the §2)
provincial board but in reality leaves the entire
(16) Power of internal organization
matter for the various provincial boards to
determine, such constitute an unconstitutional Election of officers
delegation of legislative power. A law may not be Promulgate internal rules
suspended as to certain individuals only, leaving the Disciplinary powers (art.6 §16)
law to be enjoyed by others. (People vs. Vera)
o The authority to CREATE municipal corporations Note: Members of Congress have immunity from
is essentially legislative in nature. arrest and parliamentary immunity.151 (art 6
See RCAP v. Ermita, G.R. 180046, April 2, 2009 §§11&12)
154
Cruz, Philippine Political Law.
155
Cruz, Philippine Political law.
1. The parties, organizations and obstacle to the full implementation of Section 5(2),
coalitions shall be ranked from highest to the Article VI of the Constitution and prevents the
lowest based on the number of votes they attainment of the “broadest possible representation
garnered during the elections. of party, sectoral or group interst in the House of
2. The parties, organizations, and Representatives.” (BANAT v. Comelec, G.R. No.
coalitions receiving at least two percent (2%) 179295, April 21, 2009)
of the total votes cast for the party-list system
shall be entitled to one guaranteed seat 3. Guidelines on what organizations may apply
each.156 in the party-list system:
3. Those garnering more than two (1) The parties or organizations must represent
percent (2%) of the sufficient number of the marginalized and underrepresented in
votes shall be entitled to additional seats in Section 5 of RA 7941;
proportion to their total number of votes until (2) Political parties who wish to participate must
all the additional seats are allocated. comply with this policy;
(changed part was declared unconstitutional (3) The religious sector may not be represented;
by BANAT v. COMELEC)157 (4) The party or organization must not be
4. Each party, organization, or coalition disqualified under Section 6 of RA 7941;
shall be entitled to not more than three (3) (5) The party or organization must not be an
seats. adjunct of or a project organized or an entity
funded or assisted by the government;
Veternas Doctrine (Old): The 2% threshold (6) Its nominees must likewise comply with the
requirement and the 3 seat-limit provided in RA requirements of the law;
7941 are valid. Congress was vested with broad (7) The nominee must likewise be able to
power to define and prescribe the mechanics of the contribute to the formulation and enactment of
party-list system of representation. Congress legislation that will benefit the nation. (Ang
wanted to ensure that only those parties, Bagong Bayani v. COMELEC, June 26, 2001)
organizations and coalitions having sufficient
number of constituents deserving of representation 4. Parties or organizations disqualified
are actually represented in Congress. (Veterans The COMELEC may motu propio or upon verified
Federation Party v. COMELEC) complaint of any interested party, remove or cancel
after due notice and hearing the registration of any
BANAT Doctrine (2009): The 2% threshold in the national, regional or sectoral party, organization or
distribution of additional party-list seat is coalition on any of the following grounds:
unconstitutional. The 2% threshold in the 5. It is a religious sect or denomination,
distribution of additional seats makes it organization or association organized for
mathematically impossible to achieve the maximum religious purposes;
number of available party list seats when the 6. It advocates violence or unlawful
number of available party list seats exceeds 50. means to seek its goal;
The continued operation of the two percent 7. It is a foreign party or organization;
threshold in the distribution of the additional seats 8. It is receiving support from any
frustrates the attainment of the permissive ceiling foreign government, foreign political party,
that 20% of the members of the House of foundation, organization, whether directly or
Representatives shall consist of party-list through any of its officers or members or
representatives. (BANAT v. Comelec, G.R. No. indirectly through third parties for partisan
179295, April 21, 2009) In other words, the two election purposes;
percent threshold in relation to the distribution of 9. It violates or fails to comply with laws,
the additional seats presents an unwarranted rules or regulations relating to elections.
10. It declares untruthful statements in its
156 petition;
The percentage of votes garnered by each party-list
11. It has ceased to exist for at least one
candidate is arrived at by dividing the number of votes of
(1) year;
each party by the total number of votes cast for party-list
12. It fails to participate in the last two (2)
candidates. (BANAT v. COMELEC)
157 preceding elections or fails to obtain at least
There are two steps in the second round of seat allocation. two per centum (2%) of the votes cast under
First, the percentage is multiplied by the remaining available the party-list system in the two (2) preceding
seats (which is the difference between the maximum seats elections for the constituency in which it has
reserved under the party-list system and the guaranteed seats registered.
of the two-percenters. The whole integer of the product of the
percentage and of the remaining available seats corresponds
Ang Ladlad v. COMELEC, April 8, 2010
to a party’s share in the remaining available seats. Second, we
assign one seat to each of the parties next in rank until all
available seats are completely distributed. (BANAT v. Facts: Ang Ladlad is an organization
COMELEC) composed of men and women who
identify themselves as lesbians, gays, Section 10 of RA 7941 provides that the votes cast
bisexuals, or trans-gendered individuals for a party which is not entitled to be voted for the
(LGBTs). Ang Ladlad argued that the party-list system should not be counted. The votes
LGBT community is a marginalized and they obtained should be deducted from the
canvass of the total number of votes cast for the
under-represented sector that is party-list system. (Ang Bagong Bayani v.
particularly disadvantaged because of COMELEC)
their sexual orientation and negative
societal attitudes, LGBTs are constrained Religious sectors v. Religious leaders. There is
to hide their sexual orientation. Ang a prohibition of religious sectors. However, there is
Ladlad applied for registration with no prohibition from being elected or selected as
COMELEC, but the latter refused to sectoral representatives.
accredit the former as a party list
organization based on moral grounds. L. Legislative Districts
According to the COMELEC Chairman, Apportionment
Reason for the Rule
the party list system is not a tool to
Reapportionment
advocate tolerance and acceptance of Gerrymandering
misunderstood persons or group of Aquino v. COMELEC (April 7, 2010)
persons.
Section 5
Issue: Should Ang Ladlad be granted (3) Each legislative district shall
accreditation? comprise, as far as practicable,
contiguous, compact and adjacent
Ruling: Yes. territory. Each city with a population
of at least two hundred fifty thousand,
or each province, shall have at least
Ang Ladlad complies with the requirement
one representative.
of the Constitution and RA 7941. The (4) Within three years following the
enumeration of marginalized and under- return of every census, the Congress
represented sectors is not exclusive. Ang shall make a reapportionment of
Ladlad sufficiently demonstrated its legislative districts based on the
compliance with the legal requirements standards provided in this section.
for accreditation. COMELEC has not
identified any specific over immoral act 1. Apportionment
performed by Ang Ladlad. Legislative districts are apportioned among the
provinces, cities, and the Metropolitan Manila area.
Political Parties. Political parties may participate 2. Reason for the rule. The underlying principle
in the party-list system (as long as they comply with behind the rule for apportionment (that
the guidelines in Section 5 of RA 7941.) (Ang representative districts are apportioned among
Bagong Bayani v. COMELEC) Major political provinces, cities, and municipalities in accordance
parties are disallowed from participating in party-list with the number of their respective inhabitants, and
elections. (BANAT v. COMELEC, G.R. No. 179295, on the basis of a uniform and progressive ration.”)
April 21, 2009) 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.
In a special election to fill a vacancy, the rule is that 3. Emoluments. Bernas submits that, by appealing
a statute that expressly provides that an election to to the spirit of the prohibition, the provision may be
fill a vacancy shall be held at the next general read as an absolute ban on any form of direct or
elections, fixes the date at which the special indirect increase of salary (like emoluments).
election is to be held and operates as the call for
that election. Consequently, an election held at the 4. Allowances. A member of the Congress may
time thus prescribed is not invalidated by the fact receive office and necessary travel allowances
that the body charged by law with the duty of since allowances take effect immediately. Nor is
calling the election failed to do so. This is because there a legal limit on the amount that may be
the right and duty to hold the election emanate appropriated. The only limit is moral, because,
from the statue and not from any call for election by according to Section 20, the books of Congress are
some authority and the law thus charges voters audited by the Commission on Audit ‘which shall
with knowledge of the time and place of the publish annually an itemized list of amounts paid
election. (Tolentino v. COMELEC) and expenses incurred for each Member.159
1. Isagani Cruz: 2 Requirements for the made, votes cast, as well as bills introduced
privilege to be availed of: and other acts done in the performance of
1. That the remarks must be made while the official duties. (Jimenez v. Cabangbang)
legislature or the legislative committee is (3) To come under the privilege, it is not
functioning, that is in session;164 (See Jimenez v. essential that the Congress be in session
Cabangbang) when the utterance is made. What is essential
2. That they must be made in connection with the is that the utterance must constitute
discharge of official duties.165 “legislative action”, that is, it must be part of
the deliberative and communicative process by
But wait! As regards Requirement #1 provided which legislators participate in committee or
by Cruz, Bernas Primer provides: to come congressional proceedings in the
under the privilege, it is not essential that the consideration of proposed legislation or of
Congress be in session when the utterance is other matters which the Constitution has
made. What is essential is that the utterance placed within the jurisdiction of Congress.
must constitute “legislative action.”166 (Gravel v. US)
(4) The privilege extends to agents of
Libelous remarks not in exercise of legislative assemblymen provided that the “agency”
function shall not be under privilege of speech. consists precisely in assisting the legislator in
the performance of “legislative action” (Gravel
To invoke the privilege of speech, the matter must v. US)
be oral and must be proven to be indeed
privileged. 4. Privilege not absolute. The rule provides that
the legislator may not be questioned “in any other
2. Purpose. It is intended to leave legislator place,” which means that he may be called to
unimpeded in the performance of his duties and account for his remarks by his own colleagues in
free form harassment outside.167 the Congress itself and, when warranted, punished
for “disorderly behavior.”170
Privilege of speech and debate enables the
legislator to express views bearing upon the public 5. Parliamentary Freedom of Speech v SC’s
interest without fear of accountability outside the Power to Discipline
halls of the legislature for his inability to support his Facts: Senator Miriam Defensor-Santiago made
statements with the usual evidence required in the this speech on the Senate floor. “x x x I am not
court of justice. In other words, he is given more angry. I am irate. I am foaming in the mouth. I am
leeway than the ordinary citizen in the ventilation of homicidal. I am suicidal. I am humiliated, debased,
matters that ought to be divulged for the public degraded. And I am not only that, I feel like
good.168 throwing up to be living my middle years in a
country of this nature. I am nauseated. I spit on the
To enable and encourage a representative of the face of Chief Justice Artemio Panganiban and his
public to discharge his public trust with firmness cohorts in the Supreme Court, I am no longer
and success" for "it is indispensably necessary that interested in the position [of Chief Justice] if I was
he should enjoy the fullest liberty of speech and to be surrounded by idiots. I would rather be in
that he should be protected from resentment of another environment but not in the Supreme Court
every one, however, powerful, to whom the of idiots x x x. “ Pobre asks that disbarment
exercise of that liberty may occasion offense. proceedings or other disciplinary actions be taken
(Osmena V. Pendatun cited in Pobre v. Defensor- against the lady senator.
Santiago, 2009)
Issue: May Senator Santiago be disbarred or be
3. Scope:169 imposed with disciplinary sanction for her
(1) The privilege is a protection only against intemperate and highly improper speech made on
forums other than the Congress itself. the senate floor?
(Osmena v. Pendatun)
(2) “Speech or debate” includes utterances Held: No. A lawyer-senator who has crossed the
made in the performance of official functions, limits of decency and good professional conduct by
such as speeches delivered, statements giving statements which were intemperate and
highly improper in substance may not be disbarred
164
Cruz, Philippine Political Law p. 116 (1995 ed.); See Jimenez v. or be imposed with disciplinary sanctions by the
Cabangbang. Supreme Court.
165
Cruz, Philippine Political Law p. 116 (1995 ed.).
166
Bernas Primer, p. 245 (2006 ed.) It is true that parliamentary immunity must not be
167
Bernas Primer, p. 245 (2006). allowed to be used as a vehicle to ridicule,
168
Cruz, Philippine Political Law.
169 170
Bernas Primer, p. 245 (2006 ed.) Cruz, Philippine Political Law; See Osmena v. Pendatun.
demean, and destroy the reputation of the Court increased during the term for which
and its magistrates, nor as armor for personal he was elected.
wrath and disgust. However, courts do not interfere
with the legislature or its members in the manner
they perform their functions in the legislative floor Section 14. No Senator or Member
or in committee rooms. Any claim of an unworthy of the House of Representatives may
purpose or of the falsity and mala fides of the personally appear as counsel before
statement uttered by the member of the Congress any court of justice or before the
does not destroy the privilege. The disciplinary Electoral Tribunals, or quasi-judicial
authority of the assembly and the voters, not the and other administrative bodies.
courts, can properly discourage or correct such Neither shall he, directly or indirectly,
abuses committed in the name of parliamentary be interested financially in any
immunity. (Pobre v. Defensor-Santiago, 2009) contract with, or in any franchise or
special privilege granted by the
V. DUTY TO DISCLOSE; PROHIBITIONS Government, or any subdivision,
agency or instrumentality thereof,
A. Duty to Disclose including any government-owned or
B. Prohibitions controlled corporation, or its
subsidiary, during his term of office.
A. Duty to disclose He shall not intervene in any matter
before any office of the Government
Section 12. All members of the for his pecuniary benefit or where he
Senate and the House of may be called upon to act on account
Representative shall, upon of his office.
assumption of office, make a full
disclosure of their financial and 1. Prohibitions:
business interests. They shall notify Disqualifications
the House concerned of a potential (1) To hold any other office or employment
conflict of interest that may arise from in the government, or any subdivision,
the filing of a proposed legislation of agency, or instrumentality thereof,
which they are authors. including government-owned or controlled
corporation or their subsidiaries during
This provision speaks of duty to disclose the his term without forfeiting his seat.
following: (Incompatible office)
(1) Financial and business interest upon (2) To be appointed to any office which
assumption of office may have been created or the
emoluments thereof increased during the
(2) Potential conflict of interest that may arise term for which he was elected. (Forbidden
from filing of a proposed legislation of which office)
they are authors. Prohibitions on lawyer-legislators
(3) To personally appear as counsel before
any court of justice or before the Electoral
B. Prohibitions (Disqualifications and Inhibitions) Tribunals, or quasi-judicial and other
Prohibitions administrative bodies.
Disqualifications Conflict of Interests
Prohibitions on lawyer-legislators (4) To be interested financially, directly or
Conflict of interests indirectly, in any contract with, or in any
franchise or special privilege granted by
Disqualifications the Government, or any subdivision,
Section 13. No Senator or Member agency or instrumentality thereof,
of the House of Representatives may including any government-owned or
hold any other office or employment controlled corporation, or its subsidiary,
in the government, or any during his term of office.
subdivision, agency, or (5) To intervene in any matter before any
instrumentality thereof, including office of the Government for his
government-owned or controlled pecuniary benefit or intervene in any
corporation or their subsidiaries, matter before any office of the
during his term without forfeiting his Government where he may be called
seat. Neither shall he be appointed to upon to act on account of his office.
any office which may have been (6) See Section 10
created or the emoluments thereof
2. Disqualifications
Purpose. The purpose is to prevent the legislator
Incompatible Office from exerting undue influence, deliberately or not,
Purpose. The purpose of prohibition of upon the body where he is appearing.177
incompatible offices is to prevent him from owing
loyalty to another branch of the government, to the Not a genuine party to a case. A congressman
detriment of the independence of the legislature may not buy a nominal account of shares in a
and the doctrine of separation of powers. corporation which is party to a suit before the SEC
2 Kinds of Office under Article 13 and then appear in “intervention”. That which the
1) Incompatible office (1st sentence of article 13) Constitution directly prohibits may not be done by
2) Forbidden office (2nd sentence of article 13) indirection. (Puyat v. De Guzman)
Prohibition not absolute. The prohibition against Prohibition is personal. It does not apply to law
the holding of an incompatible office is not firm where a lawyer-Congressman may be a
absolute; what is not allowed is the simultaneous member.178 The lawyer-legislator may still engage
holding of that office and the seat in Congress. 171 in the practice of his profession except that when it
Hence, a member of Congress may resign in order come to trials and hearings before the bodies
to accept an appointment in the government before above-mentioned, appearance may be made not
the expiration of his term.172 by him but by some member of his law office.179
When office not incompatible. Not every other Pleadings. A congressman cannot sign pleadings
office or employment is to be regarded as [as counsel for a client] (Villegas case)
incompatible with the legislative position. For,
example, membership in the Electroral Tribunals is 4. Conflict of Interests
permitted by the Constitution itself. Moreover, if it
can be shown that the second office is an Financial Interest
extension of the legislative position or is in aid of Purpose. This is because of the influence they can
legislative duties, the holding thereof will not result easily exercise in obtaining these concessions. The
in the loss of the legislator’s seat in the idea is to prevent abuses from being committed by
Congress.173 the members of Congress to the prejudice of the
public welfare and particularly of legitimate
Forbidden Office. contractors with the government who otherwise
Purpose. The purpose is to prevent trafficking in might be placed at a disadvantageous position vis-
public office.174 The reasons for excluding persons à-vis the legislator.
from office who have been concerned in creating
them or increasing the emoluments are to take Contract. The contracts referred to here are those
away as far as possible, any improper bias in the involving “financial interest,” that is, contracts from
vote of the representative and to secure to the which the legislator expects to derive some profit at
constituents some solemn pledge of his the expense of the government.180
disinterestedness.175
Pecuniary Benefit. The prohibited pecuniary
Scope of prohibition. The provision does not benefit could be direct or indirect and this would
apply to elective offices, which are filled by the cover pecuniary benefit for relatives. (Bernas
voters themselves. Commentary, p. 710, 10th ed.)
The appointment of the member of the Congress to VI. INTERNAL GOVERNMENT OF CONGRESS
the forbidden office is not allowed only during the
term for which he was elected, when such office
was created or its emoluments were increased. Sessions
After such term, and even if the legislator is re- Adjournment
elected, the disqualification no longer applies and Officers
he may therefore be appointed to the office.176 Quorum
Internal Rules
3. Prohibition on lawyer legislators. Disciplinary Powers
171
Cruz, Philippine Political Law. 177
172 Cruz, Philippine Political Law.
Bernas Primer, p.246 (2006). 178
173
Bernas Primer, p.247 (2006).
Cruz, Philippine Political Law. 179
174 Cruz. Philippine Political Law.
Cruz, Philippine Political Law. 180
175
Cruz, Philippine Political Law. Legislators cannot be members of
Mr. Justice Story quoted in Sinco, Philippine Political Law, p. 163 the board of corporations with contract with the government. Such
(1954). would be at least indirect financial interest. (Bernas Commentary, p.
176
Cruz, Philippine Political Law. 710, 10th ed.)
Legislative Journal and Congressional Record wants considered, but it does not empower
Enrolled Bill Doctrine him to prohibit consideration of other
subjects. After all, Congress, if it so wishers,
A. Sessions may stay in regular session almost all year
1. Regular round.182
2. Special
3. Joint Sessions Joint Sessions
a. Voting Separately
i) Choosing the President (art. 7 §4)
Section 15. The Congress shall
ii) Determine President’s disability (art. 7 §11)
convene once every year on the
iii) Confirming nomination of the Vice-President
fourth Monday of July for its regular
(art. 7 §9)
session, unless a different date is
iv) Declaring the existence of a state of war (art.
fixed by law, and shall continue to be
6 §23)
in session for such number of days as
v) Proposing constitutional amendments (art. 12
it may determine until thirty days
§1)
before the opening of its next regular
b. Voting Jointly
session, exclusive of Saturdays,
To revoke or extend proclamation suspending
Sundays, and legal holidays. The
the privilege of the writ of habeas corps or
President may call a special session
placing the Philippines under martial law. (art 7
at any time.
§18)
Regular session Instances when Congress votes other than
Congress shall convene once every year for its majority.
regular session. a. To suspend or expel a member in
accordance with its rules and proceedings: 2/3
Congress shall convene on the 4th Monday of July of all its members (Sec. 16, Art. VI).
(unless a different date is fixed by law) until 30 b. Yeas and nays entered in the Journal: 1/5
days (exclusive of Saturdays, Sundays and legal of the members present (Sec. 16(4), Art. VI)
holidays) before the opening of the next regular c. Declare the existence of a state of war:
session. 2/3 of both houses in joint session voting
separately (Sec. 23, Art. VI)
Special session d. Re-passing of a bill after Presidential veto:
A special session is one called by the President 2/3 of the Members of the House where it
while the legislature is in recess. originated followed by 2/3 of the Members of
the other House.
Mandatory recess. A mandatory recess is e. Determining President’s disability after
prescribed for the thirty-day period before the submissions by both the Cabinet and the
opening of the next regular session, excluding President: 2/3 of both Houses voting
Saturdays, Sundays and legal holidays. This is the separately (Sec. 11, Art. VII)
minimum period of recess and may be lengthened
by the Congress in its discretion. It may however, B. Adjournment
be called in special session at any time by the
President.
Section 16
The President’s call is not necessary in some (5) Neither House during the session
instances: of the Congress shall, without the
1. When the Congress meets to consent of the other, adjourn for more
canvass the presidential elections than three days, nor to any other
2. To call a special election when both place than that in which the two
the Presidency and Vice-Presidency are Houses shall be sitting.
vacated
3. When it decides to exercise the Either House may adjourn even without the
power of impeachment where the respondent consent of the other provided that it will not be
is the President himself.181 more than three days.
Q: May the President limit the subjects which If one House should adjourn for more than three
may be considered during a special election days, it will need the consent of the other.
called by him?
A: No. The President is given the power to
call a session and to specify subjects he
181 182
Cruz, Philippine Political Law, Bernas Commentary, p.711, (2003 ed.)
Neither house can adjourn to any other place than Quorum is based on the proportion between those
that in which the two Houses shall be sitting without physically present and the total membership of
the consent of the other. the body.
Reason. These rules prevent each house from A smaller number may adjourn from day to day.
holding up the work of legislation. 183 This
coordinative rule is necessary because the two A smaller number may compel the attendance of
houses form only one legislative body.184 absent members in such manner and under such
penalties as the House may provide.
C. Officers
The members of the Congress cannot compel
Section 16. (1) The Senate shall absent members to attend sessions if the reason of
elect its President and the House of absence is a legitimate one. The confinement of a
Representatives its Speaker, by a Congressman charged with a non-bailable offense
majority vote of all its respective (more than 6 years) is certainly authorized by law
Members. and has constitutional foundations. (People v.
Each House shall choose such other Jalosjos)
officers as it may deem necessary.
The question of quorum cannot be raised
repeatedly, especially when a quorum is obviously
Officers of the Congress:
present, for the purpose of delaying the business of
(1) Senate President
the House. (Arroyo v. De Venecia, June 26, 1998)
(2) House Speaker
(3) Such other officers as each House may deem
E. Internal Rules
necessary.
Power to determine rules
It is well within the power and jurisdiction of the Nature of the rules
Court to inquire whether the Senate or its officials Role of courts
committed a violation of the Constitution or gravely
abused their discretion in the exercise of their Section 18
functions and prerogatives. (Santiago v. Guingona) (3) Each House may determine the
rules of its proceedings, punish its
The method of choosing who will be the other Members for disorderly behavior, and
officers must be prescribed by Senate itself. In the with the concurrence of two-thirds of
absence of constitutional and statutory guidelines all its Members, suspend or expel a
or specific rules, this Court is devoid of any basis Member. A penalty of suspension,
upon which to determine the legality of the acts of when imposed, shall not exceed sixty
the Senate relative thereto. On grounds of respect days.
for the basic concept of separation of powers,
courts may not intervene in the internal affairs of 1. Power to determine internal rules. Each
the legislature; it is not within the province of courts House may determine the rules of its proceedings.
to direct Congress how to do its work. (Santiago v.
Guingona) 2. Nature of the Rules. The rules adopted by
deliberative bodies (such as the House) are subject
D. Quorum to revocation, modification, or waiver by the body
adopting them. (Arroyo v. De Venecia)
Section 16
(2) A majority of each House shall The power to make rules is not one, once
constitute a quorum to do business, exercised is exhausted. It is a continuous power,
but a smaller number may adjourn always subject to be exercised by the House, and
from day to day and may compel the within the limitations suggested and absolutely
attendance of absent Members in beyond the challenge of any other body. (Arroyo v.
such manner and under such De Venecia)
penalties, as such House may
provide. 3. Role of Courts. The Court may not intervene in
the implementation of the rules of either House
except if the rule affects private rights. On matters
Quorum to do business. A majority of each
affecting only internal operation of the legislature,
House shall constitute a quorum to do business.
the legislature’s formulation and implementation of
its rules is beyond the reach of the courts. When,
however, the legislative rule affects private rights,
183
Sinco, Philippine Political Law, p 170 (1954). the courts cannot altogether be excluded. (US v.
184
Bernas Commentary, p.723, (2003 ed.) Smith)
Basis for punishment. Each House may punish 2. What is a journal? The journal is usually an
its Members for disorderly behavior. abbreviated account of the daily proceedings.185 A
legislative journal is defined as “the official record
Preventive Suspension v. Punitive Suspension. of what is ‘done and past’ in a legislative [body]. It
A congressman may be suspended as a preventive is so called because the proceedings are entered
measure by the Sandiganbayan. The order of therein, in chronological order as they occur from
suspension prescribed by the Anti-Graft and day to day.186
Corrupt Practices Act is distinct from the power of
congress to police its own ranks under the 3. Purpose of the requirement that a journal be
Constitution. The suspension contemplated in the kept:
constitutional provisions is a punitive measure that (1) To insure publicity to the proceedings of the
is imposed upon determination by a House upon legislature, and a correspondent responsibility
an erring member. The suspension spoken in of the members of their respective
AGCPA is not a penalty but a preventive measure. constituents; and
The doctrine of separation of powers by itself may (2) To provide proof of what actually transpired in
not be deemed to have excluded members of the legislature. (Field v. Clark)
Congress from AGCPA. The law did not exclude
from its coverage the members of the Congress 4. What may be excluded. The Constitution
and therefore the Sandiganbayan may decree a exempts from publication parts which in the
preventive suspension order. (Santiago v. judgment of the House affect national security.
Sandiganbayan) (2002 Bar Question)
5. Matters which, under the Constitution, are to
2/3 Requirement. Each House may with the be entered in the journal:
concurrence of two-thirds of all its Members, 1. Yeas and nays on
suspend or expel a Member. third and final reading of a bill.
2. Veto message of the
Period of suspension. A penalty of suspension, President
when imposed, shall not exceed sixty days. 3. Yeas and nays on the
repassing of a bill vetoed by the President
Not subject to judicial review. Disciplinary action 4. Yeas and nays on
taken by Congress against a member is not subject any question at the request of 1/5 of members
to judicial review because each House is the sole present
judge of what disorderly behavior is. (Osmena v.
Pendatun) 6. Journal vs. Extraneous evidence. The Journal
is conclusive upon the Courts (US v. Pons)
G. Legislative Journal and Congressional Record 7. What is a Record? The Record contains a word
Requirement for word transcript of the deliberation of
Journal Congress.187
Purpose of Journal
What may be excluded H. Enrolled bill doctrine
Matters to be entered to the journal Enrolled Bill
Journal v. Extraneous Evidence Enrolled Bill Doctrine
Record Underlying Principle
Enrolled Bill v. Journal Entry
Section 18 Enrolled bill v. matters required to be entered in the
(4) Each House shall keep a Journal journals
of its proceedings, and from time to Remedy for Mistakes
time publish the same, excepting
such parts as may, in its judgment, 1. Enrolled Bill. One which has been duly
affect national security; and the yeas introduced, finally passed by both houses, signed
and nays on any question shall, at the by the proper officers of each, approved by the
request of one-fifth of the Members [president]. (Black Law Dictionary)
present, be entered in the Journal.
Each House shall also keep a Record
185
of its Proceedings. Bernas Commentary, p.723, (2003 ed.)
186
Sinco, Philippine Political Law 191, (1954).
187
Bernas Commentary, p.723, (2003 ed.)
greatly responsible for the respect and confidence Errors that may be verified only by the opening of
people have in courts.190 ballot boxes must be recoursed to the electoral
tribunal.
Chairman. The senior Justice in the electoral
tribunal shall be its Chairman. Once a winning candidate has been proclaimed,
taken his oath and assumed office as a member of
SET cannot legally function absent its entire the House, COMELEC’s jurisdiction over election
membership of senators, and no amendment of its contest relating to his election, returns and
rules can confer on the 3 remaining justice- qualifications ends, and the HRET’s own
members alone, the power of valid adjudication of jurisdiction begins. (Aggabao v. COMELEC)
senatorial election contest. (Abbas v. SET)
Nature of election contests. An election is not like
4. Independence. The Congress may not regulate an ordinary action in court. Public interests rather
the actions of the electoral tribunals even in than purely private ones are involved in its
procedural matters. The tribunal is an independent determination.191 It is therefore not permissible that
constitutional body. (Angara v. Electoral such a contest be settled by stipulation between
Commission) the parties, nor can judgment be taken by default;
but the case must be decided after thorough
5. Security of Tenure. Members of ET have investigation of the evidence.192
security of tenure. Disloyalty to the party is not a
ground for termination. (Bondoc v. Pineda) (2002 Absence of election contest. In the absence of
Bar Question) an election contest, however, the electoral tribunals
are without jurisdiction. Thus, the power of each
6. Power. The Electoral Tribunal shall be the sole House to defer oath-taking of members until final
judge of all contests relating to the election, determination of election contests filed against
returns, and qualifications of their respective them has been retained by each House. (Angara v.
members. Electoral Commission)
The tribunal has the power to promulgate rules
relating to matters within its jurisdiction, including Invalidity of Proclamation. An allegation of
period for filing election protests. (Lazatin v. HET) invalidity of a proclamation is a matter that is
Electoral Tribunal has incidental power to addressed to the sound discretion of the Electoral
promulgate its rules and regulations for the proper Tribunal. (Lazatin v. COMELEC)
exercise of its function (Angara v. Electoral
Commission) Motion to Withdraw. The motion to withdraw does
not divest the HRET the jurisdiction on the case.
7. Jurisdiction of Electoral Tribunal (Robles v. HRET)
The Electoral Tribunal shall be the sole judge of all
contests relating to the election, returns, and 8. Jurisdiction of COMELEC
qualifications of their respective members. Pre-proclamation controversies include:
(1) Incomplete returns (omission of name or
The jurisdiction of HRET is not limited to votes)
constitutional qualifications. The word (2) Returns with material defects
“qualifications” cannot be read to be qualified by (3) Returns which appeared to be tampered with,
the term “constitutional”. Where the law does not falsified or prepared under duress or
distinguish, the courts should likewise not. The containing discrepancies in the votes (with
filing of a certificate of candidacy is a statutory significant effect on the result of election)
qualification.(Guerrero v. COMELEC)
“Where a petitioner has seasonably filed a motion
Where a person is contesting the proclamation of a for reconsideration of the order of the Second
candidate as senator, it is SET which has exclusive Division suspending his proclamation and
jurisdiction to act. (Rasul v. COMELEC) disqualifying him, the COMELEC was not divested
of its jurisdiction to review the validity of the order
Contest after proclamation is the jurisdiction of of the Second Division. The order of the Second
HRET (Lazatin v. COMELEC) division is unenforceable as it had not attained
finality. It cannot be used as the basis for the
When there is an election contest (when a assumption to office of respondent. The issue of
defeated candidate challenge the qualification and the validity of the order of second division is still
claims the seat of a proclaimed winner), the within the exclusive jurisdiction of the COMELEC
Electoral Tribunal is the sole judge. en banc. (Codilla v. De Venecia)
191
Sinco, Philippine Political Law, p.161 (1954).
190 192
Sinco, Philippine Political Law, p.158 (1954). Reinsch,, American Legislature, p 216.
8. Ruling. The Commission shall rule by a majority The Commission on Appointments shall meet only
vote of all its Members. while the Congress is in session to discharge its
powers and functions.
C. Constitution of ET and CA
Organization The Commission on Appointments shall meet at
Reason for early organization of ETs the call of its Chairman or a majority of all its
Reason of provision on CA members
CA Meeting
VIII. RECORDS AND BOOKS OF ACCOUNTS
Section 19. The Electoral Tribunals
and the Commission on
Appointments shall be constituted Section 20. The records and books
within thirty days after the Senate and of accounts of the Congress shall be
the House of Representatives shall preserved and be open to the public
have been organized with the election in accordance with law, and such
of the President and the Speaker. books shall be audited by the
The Commission on Appointments Commission on Audit which shall
shall meet only while the Congress is publish annually an itemized list of
in session, at the call of its Chairman amounts paid to and expenses
or a majority of all its members, to incurred for by each Member.
discharge such powers and functions
as are herein conferred upon it. Records and books of accounts
The records and books of accounts of the
1. Organization. The ET and COA shall be Congress shall be preserved and be open to the
constituted within 30 days after the Senate and the public in accordance with law.
House shall have been organized with the election
of the President and the Speaker. The records and books of accounts of the
Congress shall be audited by the Commission on
2. Reason for Early organization of ETs. In the Audit.
case of Electoral Tribunals, the need for their early
organization is obvious, considering the rash of The Commission on Audit shall publish annually an
election contests already waiting to be filed after, itemized list of amounts paid to and expenses
even before, the proclamation of the winners. This incurred for by each Member.
is also the reason why, unlike the Commission of
Appointments, the Electoral Tribunals are IX. LEGISLATIVE HEARINGS
supposed to continue functioning even during the (INQUIRIES AND OVERSIGHT FUNCTIONS)
recess.195
207
Primer on Neri v. Senate made by Atty. Carlos Medina.
in citing Neri in contempt. The following were the Appearance at the Request of Congress
reasons given by the Supreme Court: Written Questions
a. There was a Scope of Interpellations
legitimate claim of executive privilege.
Executive Session
b. Senate
Committees did not comply with the Congress may refuse the initiative
requirement laid down in Senate v. Ermita
that the invitations should contain the Section 22. The Heads of
“possible needed statute which prompted the Departments may upon their own
need for the inquiry” along with “usual initiative, with the consent of the
indication of the subject of inquiry and the President, or upon the request of
questions relative to and in furtherance
thereof.”
either House as the rules of each
c. A reading of the House shall provide, appear before
transcript of the Committees’ proceeding and be heard by such House on any
reveals that only a minority of the member of matter pertaining to their
the Senate Blue Ribbon Committee was departments. Written questions shall
present during the deliberations Thus, there be submitted to the President of
is a cloud of doubt as to the validity of the Senate or the Speaker of the House
contempt order of Representatives at least three days
d. The Senate
Rules of Procedure in aid of legislation
before their scheduled appearance.
were not duly published in accordance to Interpellations shall not be limited to
Section 21 of Article VI. written questions, but may cover
e. The contempt matters related thereto. When the
order is arbitrary and precipitate because the security of the State or the public
Senate did not first rule on the claim of interest so requires and the President
executive privilege and instead dismissed so states in writing, the appearance
Neri’s explanation as unsatisfactory. This is shall be conducted in executive
despite the fact that Neri is not an unwilling
witness.
session.
Hence, the Senate order citing Neri in contempt and
ordering his arrest was not valid. 1. Purpose of Section 22
The provision formalizes the “oversight function” of
12. Power of Inquiry v. Commander in Chief Congress. Section 22 establishes the rule for the
power of the President exercise of what is called the “oversight function” of
Congress. Such function is intended to enable
Since the President is commander-in-chief of the Congress to determine how laws it has passed are
Armed Forces she can demand obedience from being implemented.
military officers. Military officers who disobey or
ignore her command can be subjected to court 2. Oversight function
martial proceeding. Thus, for instance, the “Broadly defined, congressional oversight
President as Commander in Chief may prevent a embraces all activities undertaken by Congress to
member of the armed forces from testifying before enhance its understanding of and influence over
a legislative inquiry. A military officer who disobeys the implementation of legislation it has enacted.” 209
the President’s directive may be made to answer The acts done by Congress in the exercise of its
before a court martial. Since, however, Congress oversight powers may be divided into three
has the power to conduct legislative hearings, categories, to wit: scrutiny, investigation, and
Congress may make use of remedies under the supervision.210
law to compel attendance. Any military official
whom Congress summons to testify before it may 3. Appearance of Heads of Departments by
be compelled to do so by the President. If the their own initiative
President is not so inclined, the President may be The Heads of Departments may upon their own
commanded by judicial order to compel the initiative, with the consent of the President
attendance of the military officer. Final judicial appear before and be heard by either House on
orders have the force of the law of the land which any matter pertaining to their departments.
the President has the duty to faithfully execute.208
4. Why permission of the President needed
B. Oversight Function In deference to separation of powers, and because
Purpose of Section 22 Department Heads are alter egos of the President,
Oversight Function
Appearance of Heads of Department 209
Why Permission of President Needed Macalintal v. Commission on Elections, 405 SCRA 614
Exemption from Summons (2003), at 705.
210
Macalintal v. Commission on Elections, 405 SCRA 614 (2003),
208
Gudani v. Senga, G.R. No. 170165, April 15. 2006. at 3.
they may not appear without the permission of the (1) The public interest so requires and
President.211 (2) The President so states in writing.
5. Exemption from summons applies only to 10. Congress may refuse the initiative
Department Heads Because of separation of powers, department
It should be noted, that the exemption from secretaries may not impose their appearance upon
summons applies only to Department Heads and either House.212 Hence, the Congress may refuse
not to everyone who has Cabinet rank. the initiative taken by the department secretary.213
But wait! The SC in Senate v. Ermita, Section 23. (1) The Congress, by a
adopting the characterization of vote of two-thirds of both Houses in
constitutional commissioner Hilario Davide, joint session assembled, voting
calls Section 22 as the provision on separately, shall have the sole power
“Question Hour”:“[Section 22] pertains to to declare the existence of a state of
the power to conduct a question hour, the war.
objective of which is to obtain information in
pursuit of Congress’ oversight function.” 1. Power to declare existence of a state of
war214
Reconcile: Although the Court decision calls The Congress, by a vote of 2/3 of both Houses in
this exercise a “question hour,” it does so joint session assembled, voting separately, shall
only by analogy with its counterpart in have the sole power to declare the existence of a
parliamentary practice. state of war.
1. Requisites for the delegation: (1997 Bar Q) 1. Origin of money bills, private bills and bills of
(1) There must be a war218 or other national local application
emergency All appropriation222, revenue223 or tariff bills224, bills
(2) Law authorizing the president for a limited authorizing increase of the public debt225, bills of
period and subject to such restrictions as local application226 and private bills227 shall originate
Congress may prescribe exclusively in the House of Representatives, but
(3) Power to be exercised must be necessary and the Senate may propose or concur with
proper to carry out a declared national policy. amendments.
2. Duration of the delegation: 2. Bills that must exclusively originate from the
(1) Until withdrawn by resolution of Congress HR:
(2) Until the next adjournment of Congress (1) Appropriation bills
(2) Revenue bills
3. Powers that may be delegated (3) Tariff bills
Congress may authorize the President, to exercise (4) Bills authorizing increase of the public debt
powers necessary and proper to carry out a (5) Bills of local application
declared national policy Note that the nature of (6) Private bills
delegable power is not specified. It is submitted
that the President may be given emergency 3. Origination from the House
legislative powers if Congress so desires.219 The exclusivity of the prerogative of the House of
Representatives means simply that the House
4. Withdrawal of powers alone can initiate the passage of revenue bill, such
Congress may do it by a mere resolution.220 And that, if the House does not initiate one, no revenue
such resolution does not need presidential
approval.221 222
An appropriation bill is one whose purpose is to set aside a sum of
money for public use. Only appropriation bills in the strict sense of
XI. BILLS/ LEGISLATIVE PROCESS the word are comprehended by the provision; bills for other purposes
which incidentally set aside money for that purpose are not included.
Origination Clause Bernas Commentary, p 748 (2003 ed).
223
One bill-one subject rule A revenue bull is one that levies taxes and raises funds for the
Passage of a bill government. Cruz, Philippine Political Law, p. 144 (1995 ed).
224
Presidential Approval, Veto or Inaction; Legislative A tariff bill specifies the rates of duties to be imposed on imported
Reconsideration articles. Cruz, Philippine Political Law, p. 144 (1995 ed).
225
Item Veto A bill increasing public debt is illustrated by one floating bonds
Doctrine of inappropriate provisions for public subscription redeemable after a certain period. Cruz,
Philippine Political Law, p. 144 (1995 ed).
Executive Impoundment 226
Bills of local application are those which is limited to specific
218 localities, such for instance as the creation of a town. Bernas
War is defined as “armed hostilities between the two states. (II
Commentary, p 748 (2003 ed).
RECORD 169) 227
219 Private bills are those which affect private persons, such for
Bernas Primer at 265 (2006 ed.)
220 instance as a bill granting citizenship to a specific foreigner. Bernas
See concurring opinion of Justice Padilla in Rodriguez v. Gella, Commentary, p 748 (2003 ed). Private bills are illustrated by a bill
49 Off. Gaz. 465, 472. granting honorary citizenship to a distinguished foreigner. Cruz,
221
Bernas Primer at 265 (2006 ed.) Philippine Political Law, p. 155 (1995 ed).
B. One bill-one subject rule The expansion in the jurisdiction of the Sandiganbayan
does not have to be expressly stated in the title of the law
Mandatory Nature of the Rule (An Act Further Defining the Jurisdiction of the
Purpose of the Rule Sandiganbayan) because such is the necessary
Liberal Interpretation of the Rule consequence of the amendment. (Lacson v. Executive
Germane Secretary)
Not Germane
A provision that states that “no election officer shall hold
office for more than four years” is relevant to the title “An
Section 26. (1) Every bill passed by Act Providing for a General Registration of voters,
the Congress shall embrace only one Adopting a System of Continuing Registration,
subject shall be expressed in the title Prescribing Procedures Thereof and Authorizing the
thereof. Appropriation of Funds Therefor” as it seeks to ensure the
integrity of the registration process by providing
1. Mandatory nature of the rule guidelines for the COMELEC to follow in the
reassignment of election officers. (De Guzman v.
Every bill passed by the Congress shall embrace COMELEC)
only one subject. The subject shall be expressed in
the title of the bill. This rule is mandatory. The abolition of 2 municipalities is but a logical
consequence of its merger to create a city.
The requirement is satisfied when:
(1) All parts of the law relate to the 5. Not Germane
subject expressed in the title Prohibition of places of amusement should be included
(2) It is not necessary that the title be a in the title of the law which only provides for the
complete index of the content (PHILCONSA v. regulation of places of amusement. (De la Cruz v. Paras)
Gimenez)
C. Passage of a bill
228
. Bernas Commentary, p 748 (2003 ed). Rules
229
Cruz, Philippine Political Law, p. 145 (1995 ed). Procedure
Reason for three readings consolidated into one bill under common
authorship or as a committee bill.)
Section 26 4. Once reported out, the bill
(2) No bill passed by either House shall be calendared for second reading. It is
shall become a law unless it has at this stage that the bill is read in its entirety,
passed three readings on separate scrutinized, debated upon and amended when
days, and printed copies whereof in desired. The second reading is the most
its final form have been distributed to important stage in the passage of the bill.
its Members three days before its 5. The bill as approved in
passage, except when the President second reading is printed in its final form and
certifies to the necessity of its copies thereof are distributed at least three
immediate enactment to meet a days before the third reading. On third
public calamity or emergency. Upon reading, the members merely register their
the last reading of a bill, no votes and explain them if they are allowed by
amendment thereto shall be allowed, the rules. No further debate is allowed.
and the vote thereon shall be taken 6. Once the bill passes third
immediately thereafter, and the yeas reading, it is sent to the other chamber,
and the nays entered in the Journal. where it will also undergo the three readings.
7. If also approved by the
1. Rules second House, it will then be submitted to the
President for his consideration.
(1) No bill passed by either House shall become a
8. The bill is enrolled when
law unless it has passed three readings on
printed as finally approved by the Congress,
separate days.
thereafter authenticated with the signatures of
(2) Printed copies of the bill in its final form should
the Senate President, the Speaker, and the
be distributed to the Members 3 days before
Secretaries of their respective chambers, and
its passage (except when the President
approved by the President.
certifies to the necessity of its immediate
enactment to meet a public calamity or
3. Reason for three readings
emergency).
(3) Upon the last reading of a bill, no amendment To address the tendency of legislators, (on the last
thereto shall be allowed. day of the legislative year when legislators were
(4) The vote on the bill shall be taken immediately eager to go home), to rush bills through and insert
after the last reading of a bill. matters which would not otherwise stand scrutiny in
(5) The yeas and the nays shall be entered in the leisurely debate.231
Journal.
Exception. The certification of the President Q: If the version approved by the Senate
dispenses with the reading on separate days and is different from that approved by the
the printing of the bill in the final form before its House of Representatives, how are the
final approval. (Tolentino v. Secretary of Fincance) differences reconciled?
Operative. All decrees which are not inconsistent A: In a bicameral system bills are
with the Constitution remain operative until they are independently processed by both Houses
amended or repealed. (Guingona v. Carague) of Congress. It is not unusual that the final
version approved by one House differs
2. Procedure:230 from what has been approved by the
other. The “conference committee,”
1. A bill is introduced by any
consisting of members nominated from
member of the House of Representatives or
both Houses, is an extra-constitutional
Senate except for some measures that must
creation of Congress whose function is to
originate only in the former chamber.
propose to Congress ways of reconciling
2. The first reading involves
conflicting provisions found in the Senate
only a reading of the number and title of the
version and in the House version of a bill.
measure and its referral by the Senate
President or the Speaker to the proper
D. Presidential Approval, Veto or Inaction;
committee for study.
Legislative Reconsideration
3. The bill may be killed in
the committee or it may be recommended for Three Methods
approval, with or without amendments, Presidential Approval
sometimes after public hearings are first held Presidential Veto
thereon. (If there are other bills of the same Legislative Approval of the bill
nature or purpose, they may all be Presidential Inaction
231
See Bernas Commentary, p 760 (2003 ed).
230
Cruz, Philippine Political Law, p. 155 (1995 ed).
2. Presidential approval
(1) Passed bill is presented to the President
(2) President signs the bill if he approves the same
(3) The bill becomes a law.
3. Presidential veto
(1) Passed bill is presented to the President
(2) President vetoes the bill if he does not approve
of it.
(3) He returns the passed bill with his objections to
the House where it originated. (Veto Mesasge)
General rule: If the president
disapproves the bill approved by
Congress, he should veto the entire
bill. He is not allowed to veto
separate items of a bill.
Exceptions:
(1) President may veto an item in
cases of appropriation,
revenue and tariff bills.
232 233
Bernas Primer, p. 276 (2006 ed.) Bernas Commentary, p 785 (2003 ed).
Progressive system of taxation. The Congress 2. Tariff and Customs Code, Flexible Tariff
shall evolve a progressive system of taxation. Tax Clause
system is progressive when the rate increases as The President is given by the Tariff and Customs
the tax base increases.239 Code ample powers to adjust tariff rates.
3. “By Law”
1. Exempted:
(1) Charitable institutions Section 29. (1) No money shall be
(2) Churches paid out of the Treasury except in
(3) Parsonages or convents appurtenant to pursuance of an appropriation made
churches by law.
(4) Mosques
(5) Non-profit cemeteries 1. Spending Power
(6) All lands, buildings, and improvement actually, The spending power of Congress is stated in
directly and exclusively used for religious, Section 29(1): “No money shall be paid out of the
charitable, or educational purpose shall be exempt Treasury except in pursuance of an appropriation
from taxation. made by law.” (1988, 1992 Bar Question)
2. Kind of tax exemption under 28(3) 2. Reason
The exemption created by Section 28 is only for Behind the provision stands the principle that the
taxes assessed as property taxes and not excise people’s treasure that the people’s treasure may be
tax. (CIR v. CA) sent only with their consent. That consent is to be
expressed either in the Constitution itself or in valid
3. “Exclusively” acts of the legislature as the direct representative
The phrase “exclusively used for educational of the people.240
purposes” extends to facilities which are incidental
to and reasonably necessary for the 3. “By law”
accomplishment of the main purpose. (Abra Valley The provision does not say “appropriation by
College v. Aquino) Congress” but rather “by law”, a term which covers
both statutes and the Constitution.241
PCGG has no power to grant tax exemptions
(Chavez v. PCGG) B. Appropriation
Appropriation
4. Elements to be considered in determining Classification
whether an enterprise is a charitable CDF
institution/entity: Truth Commission Case
(1) Statute creating the enterprise
(2) Its corporate purposes 1. Appropriation
(3) Its constitution and by-laws An appropriation measure may be defined as a
(4) Method of administration statute the primary and specific purpose of which is
(5) Nature of actual work performed to authorize the release of public funds from the
(6) Character of services rendered treasury.242 A law creating an office and providing
(7) Indefiniteness of the beneficiaries funds therefore is not an appropriation law since
(8) Use and occupation of the properties (Lung the main purpose is not to appropriate funds but to
Center v. QC) create the office.243
Section 28 2. Classification of Appropriation Measures:
(4) No law granting any tax (4) General- The general appropriations
exemption shall be passed without law passed annually is intended to provide for
the concurrence of a majority of all the financial operations of the entire
the Members of the Congress. government during one fiscal period.
(5) Special- designed for a specific
5. Reason for absolute majority purpose such as the creation of a fund for the
Bills ordinarily passed with support of only a simple relief of typhoon victims.
majority, or a majority of those present and voting.
The above provision requires an absolute majority CDF
of the entire membership of the Congress because A law creating CDF was upheld by the SC saying
a tax exemption represents a withholding of the that the Congress itself has specified the uses of
power to tax and consequent loss of revenue to the the fund and that the power given to Congressmen
government. and Vice-President was merely recommendatory to
POWER OF APPROPRIATION/ SPENDING POWER
240
See Sinco, Philippine Political Law, p 208 (1954ed).
A. Spending Power 241
Sinco, Philippine Political Law, p 211 (1954ed).
1. Spending Power 242
Cruz, Philippine Political Law, p. 158 (1995 ed).
2. Reason 243
Cruz, Philippine Political Law, p. 159 (1995 ed).
the President who could approve or disapprove the Specific Limitations on the power of
recommendation. (PHILCONSA v. Enriquez) appropriation245 [Sec 24, Sec 25(6)]
1. Appropriation bills should originate in the House
Truth Commission Case of Representatives. (art. 6 sec 24)
Facts: President Noynoy Aquino on July 30, 2010, 2. Discretionary funds appropriated for particular
signed Executive Order No. 1 establishing the officials shall be disbursed only for public
Philippine Truth Commission of 2010 (Truth purposes to be supported by appropriate
Commission).The said Truth is dedicated solely vouchers and subject to such guidelines as
to investigating and finding out the truth may be prescribed by law. (art. 6 sec 25(6)
concerning the reported cases of graft and
Constitutional limitations on special
corruption during the previous appropriation measures [Sec 25(4), Sec 29(2)]
administration. 1. Must specify the public purpose for which the
sum is intended. (art 6 sec 25 (4))
Issue: Does E.O. 1 of Pres. Noynoy Aquino 2. Must be supported by funds actually available as
transgress the power of Congress to certified to by National Treasurer, or to be
appropriate funds for the operation of public raised by a corresponding revenue proposal
office? included therein. (art 6 sec 25(4))
3. Prohibition against appropriations for sectarian
benefit. (art 6 sec 29(2))246
Held: NO. that there will be no appropriation but
only an allotment or allocations of existing funds
Constitutional rules on general appropriations
already appropriated. Accordingly, there is no
law [Sec 25 (1)(2)(3)(5)(7), Sec 29(2)]
usurpation on the part of the Executive of the
1. Congress may not increase the appropriations
power of Congress to appropriate funds. Further,
recommended by the President. (art 6 sec
there is no need to specify the amount to be
25(1))
earmarked for the operation of the commission
2. The form, content, and manner of preparation for
because, in the words of the Solicitor General,
the budget shall be prescribed by law. (art 6
“whatever funds the Congress has provided for the
sec 25(1))
Office of the President will be the very source of
3. Rule on riders. (art 6 sec 25(2))
the funds for the commission.” Moreover, since the
4. Procedure for approving appropriations for
amount that would be allocated to the PTC shall be
Congress. (art 6 sec 25(3))
subject to existing auditing rules and regulations,
5. Prohibition against transfer of appropriations. (art
there is no impropriety in the funding. (J. Mendoza)
6 sec 25(5))
6. Rule on automatic reappropriation. (art 6 sec
NOTE: In this case of Biraogo v. PTC, the
25(7))
Supreme Court, while it recognized that the 7. Prohibition against appropriations for sectarian
power to conduct investigations is inherent in benefit. (art 6 sec 29(2))
the power to faithfully execute laws, held that
E.O. 1 by Pres. Noynoy Aquino creating D. Non-establishment provision
the Truth Commission unconstitutional for
being violative of the equal protection Section 29
clause of the Constitution. (2) No public money or property shall
be appropriated, applied, paid, or
employed, directly or indirectly, for the
C. Limitations on Appropriations use, benefit, or support of any sect,
Extra-Constitutional Limitations church, denomination, sectarian
Constitutional Limitations institution, or system of religion, or of
any priest, preacher, minister, or other
1. Implied Limitations religious teacher or dignitary as such,
except when such priest, preacher,
1. Appropriation must be devoted to a public minister, or dignitary is assigned to
purpose the armed forces, or to any penal
2. The sum authorized must be determinate or at institution, or government orphanage
least determinable.244 or leprosarium.
253
Cruz, Philippine Political Law, p. 164 (1995 ed.)
252 254
Cruz, Philippine Political Law, p. 164 (1995 ed.) Cruz, Philippine Political Law, p. 160 (1995 ed.)
3. Referendum
Power of the electorate to approve or reject
legislation through an election called for the
purpose.
264
4) Privilege Not Absolute
See Almonte v. Vasquez
Requirement in invoking the privilege: formal the answers to the three (3) questions in the enactment
claim of privilege. “Congress has undoubtedly of a law.
has a right to information from the executive branch (2) Yes. The Supreme Court said that the Senate
Committees committed grave abuse of discretion in
whenever it is sought in aid of legislation. If the
citing Neri in contempt. The following reason among
executive branch withholds such information on the others was given by the Supreme Court:
ground that it is privileged, it must so assert it a. There was a
and state the reason therefore and why it must legitimate claim of executive privilege.
be respected.” (Justice Carpio Morales in Senate For the claim to be properly invoked, there must be
v. Ermita) a formal claim by the President stating the “precise
A formal and proper claim of executive privilege and certain reason” for preserving confidentiality.
requires a specific designation and description The grounds relied upon by Executive Secretary
Ermita are specific enough, since what is required is
of the documents within its scope as well as
only that an allegation be made “whether the
precise and certain reasons for preserving their information demanded involves military or diplomatic
confidentiality. Without this specificity, it is secrets, closed-door Cabinet meetings, etc.” The
impossible for a court to analyze the claim short of particular ground must only be specified, and the
disclosure of the very thing sought to be protected. following statement of grounds by Executive
Upon the other hand, Congress must not require Secretary Ermita satisfies the requirement: “The
the executive to state the reasons for the claim with context in which executive privilege is being invoked
such particularity as to compel disclosure of the is that the information sought to be disclosed might
impair our diplomatic as well as economic relations
information which the privilege is meant to protect.
with the People’s Republic of China.”
(Senate v. Ermita)
Comments on Neri v. Senate
12) Neri v. Senate Committee Atty Medina: The ruling expands the area of
Background: information that is not accessible to the public.
This case is about the Senate investigation of Executive privilege can now be invoked in
anomalies concerning the NBN-ZTE project. During
the hearings, former NEDA head Romulo Neri communications between his close advisors. (See
refused to answer certain questions involving his the second element in the presidential
conversations with President Arroyo on the ground communications privilege)
they are covered by executive privilege. When the Bernas: The problem with the doctrine is, anytime
Senate cited him in contempt and ordered his arrest, the President says “That’s covered”, that’s it.
Neri filed a case against the Senate with the Nobody can ask anymore questions.
Supreme Court. On March 25, 2008, the Supreme ASM: I think when the President says, “It’s
Court ruled in favor of Neri and upheld the claim of covered,” the Court can still make an inquiry under
executive privilege.
Issues: the Grave Abuse Clause. This inquiry can be done
(1) . Are the communications sought to be elicited by in an executive session.
the three questions covered by executive privilege?
(2) Did the Senate Committees commit grave abuse G. Cabinet
of discretion in citing Neri in contempt and ordering Extra-constitutional creation
his arrest? Composition
Ruling:
Prohibitions
(1) The SC said that the communications sought to
be elicited by the three questions are covered by the Vice-President
presidential communications privilege, which is one Ex-officio Capacity
type of executive privilege. Prohibited Employment
Using the elements of presidential communications Prohibited Compensation
privilege, the SC is convinced that the communications
elicited by the three (3) questions are covered by the 1. Extra-constitutional creation
presidential communications privilege.
Although the Constitution mentions the Cabinet a
First, the communications relate to a “quintessential
and non-delegable power” of the President, i.e. the number of times, the Cabinet itself as an institution
power to enter into an executive agreement with other is extra-constitutionally created. 266
countries. This authority of the President to enter into
executive agreements without the concurrence of the 2. Composition
Legislature has traditionally been recognized in It is essentially consist of the heads of departments
Philippine jurisprudence. who through usage have formed a body of
Second, the communications are “received” by a close
advisor of the President. Under the “operational
presidential adviser who meet regularly with the
proximity” test, petitioner can be considered a close President.267
advisor, being a member of President Arroyo’s cabinet.
Third, there is no adequate showing of a compelling 3. Prohibitions (1987, 1996 Bar Question)
need that would justify the limitation of the privilege and
of the unavailability of the information elsewhere by
266
an appropriate investigating authority. The record is Bernas Commentary, p 808 (2003 ed).; See art.7 secs. 3, 11 and
bereft of any categorical explanation from respondent 13.
Committees to show a compelling or critical need for 267
Bernas Commentary, p 808 (2003 ed).
(Applies to Members of Cabinet, their deputies or the PCGG since the PCGG answers to the
assistants.) President.269
1. Unless otherwise provided in
the Constitution, shall not hold any other 7. Prohibited Compensation
employment during their tenure. When an Undersecretary sits for a Secretary in a
2. Shall not directly or indirectly function from which the Secretary may not receive
practice any other profession, participate in additional compensation, the prohibition on the
any business, or be financially interested in Secretary also applies t the Undersecretary.270
any contract with, or in any franchise or special
privilege granted by the government or any
subdivision, agency, or instrumentality thereof, II. The President
including government-owned or controlled
corporations or their subsidiaries during their
Who is he?
tenure.
Qualifications
3. Strictly avoid conflict of
Election
interest in the conduct of their office during
Term of Office
their tenure. (Section 13)
Oath of Office
Privileges
4. Vice-President
Prohibitions/Inhibitions
Note that the VP may be appointed to the Cabinet, Vacancy Situations
without need of confirmation by the Commission on Rules of Succession
Appointments; and the Secretary of Justice is an Temporary Disability
ex officio member of the Judicial and Bar Council. Serious Illness
Removal from Office
5. Ex-officio268 capacity (2002 Bar Question)
The prohibition must not be construed as applying A. Who is the President
to posts occupied by the Executive officials without
additional compensation in an ex-officio capacity The President is the Head of State and the Chief
as provided by law and as required by the primary Executive.271 (He is the executive) He is the
functions of the said official’s office. The reason is repository of all executive power.272
that the posts do not comprise “any other office”
within the contemplation of the constitutional B. Qualifications
prohibition, but properly an imposition of additional
Qualifications
duties and functions on said officials.
Reason for Qualifications
To illustrate, the Secretary of Transportation and
Qualifications are exclusive
Communications is the ex officio Chirman of the
Natural Born
Board of Philippine Ports Authority. The ex officio
Registered Voter
position being actually and in legal contemplation
Age
part of the principal office, it follows that the official
Registered Qualification
concerned has no right to receive additional
compensation for his services in said position. The
reason is that these services are already paid for Section 2. No person may be elected
and covered by the compensation attached to the President unless he is a natural-born
principal office. (National Amnesty Commission v. citizen of the Philippines, a registered
COA, 2004) voter, able to read and write, at least
forty years of age on the day of the
6. Prohibited Employment election, and a resident of the
Philippines for at least ten years
Since the Chief Presidential Legal Counsel has the
immediately preceding such election.
duty of giving independent and impartial legal
advice on the actions of the heads of various
executive departments and agencies and to review 1. Qualifications
investigations involving other presidential 1. Natural born citizen of the Phils.
appointees, he may not occupy a position in any of 2. Registered voter
the offices whose performance he must review. It 3. Able to read write
would involve occupying incompatible positions.
Thus he cannot be Chairman at the same time of
269
Public Interest Group v Elma, G. R. No. 138965, June 30,
2006.
268
An ex-oficio position is one which an official holds but is 270
Bitonio v. COA, G.R. No. 147392, March 12, 2004.
germane to the nature of the original position. It is by virtue of the 271
original position that he holds the latter, therefore such is Bernas Primer at 289 (2006 ed.)
272
constitutional. Sinco, Philippine Political Law, p.240 (1954 ed.)
4. At least 40 years of age o the day of at noon on the thirtieth day of June next
the election following the day of the election and shall end
5. A resident of the Philippines for at at noon of the same date six years thereafter.
least 10 years immediately preceding the The President shall not be eligible for any
election. reelection. No person who has succeeded as
President and has served as such for more
2. Reason for Qualifications than four years shall be qualified for election to
Qualifications are prescribed for public office to the same office at any time.
ensure the proper performance of powers and No Vice-President shall serve for more than two
duties.273 successive terms. Voluntary renunciation of the office
for any length of time shall not be considered as an
interruption in the continuity of the service for the full
3. Qualifications are exclusive
term for which he was elected.
The above qualifications are exclusive and may not Unless otherwise provided by law, the regular
be reduced or increased by Congress. The election for President and Vice-President shall
applicable rule of interpretation is expression unius be held on the second Monday of May.
est exclusio alterius.274 The returns of every election for President and
Vice-President, duly certified by the board of
4. Natural Born canvassers of each province or city, shall be
One who is a citizen of the Philippines from birth transmitted to the Congress, directed to the
without having to perform any act to acquire or President of the Senate. Upon receipt of the
perfect his Philippine citizenship. (Article IV, certificates of canvass, the President of the
Section 2) Senate shall, not later than thirty days after the
day of the election, open all the certificates in
An illegitimate child of an American mother and a the presence of the Senate and the House of
Filipino father is a natural born Filipino citizen if Representatives in joint public session, and the
paternity is clearly proved. Hence such person Congress, upon determination of the
would be qualified to run for President. This was authenticity and due execution thereof in the
the case of Fernando Poe, Jr. (Tecson v. COMELEC) manner provided by law, canvass the votes.
The person having the highest number of votes
5. Registered Voter shall be proclaimed elected, but in case two or
Possession of the qualifications for suffrage as more shall have an equal and highest number
enumerated in Article V, Section 1. of votes, one of them shall forthwith be chosen
by the vote of a majority of all the Members of
6. Age both Houses of the Congress, voting
The age qualification must be possessed “on the separately.
day of the election for President” that is, on the day The Congress shall promulgate its rules for the
set by law on which the votes are cast.275 canvassing of the certificates.
The Supreme Court, sitting en banc, shall be
7. Residence Qualification the sole judge of all contests relating to the
The object being to ensure close touch by the election, returns, and qualifications of the
President with the country of which he is to be the President or Vice-President, and may
highest official and familiarity with its conditions promulgate its rules for the purpose.
and problems, the better for him to discharge his
duties effectively.276 1. Regular Election
The President (and Vice-President) shall be
C. Election elected by direct vote of the people. Unless
Regular Election otherwise provided by law, the regular election for
Special Election President (and Vice-President) shall be held on the
Congress as Canvassing Board second Monday of May.
Who will be Proclaimed
Presidential Electoral Tribunal 2. Special Election (Discussed under Section 10)
the Senate and the House of Representatives in unfinished presidential canvass. Adjournment
joint public session, and the Congress, upon terminates legislation but not the non-legislative
determination of the authenticity and due functions of Congress such as canvassing of
execution thereof in the manner provided by votes. (Pimentel v. Joint Committee of
law, canvass the votes. The Congress shall Congress, 2004)
promulgate its rules for the canvassing of the
certificates. 4. Who will be proclaimed
The person having the highest number of votes
Is the function of Congress merely shall be proclaimed elected, but in case two or
ministerial? more shall have an equal and highest number of
Bernas: The function of Congress is not merely votes, one of them shall forthwith be chosen by the
ministerial. It has authority to examine the vote of a majority of all the Members of both
certificates of canvass for authenticity and due Houses of the Congress, voting separately.
execution. For this purpose, Congress must pass
a law governing their canvassing of votes.277 5. Presidential Electoral Tribunal
Cruz: As the canvass is regarded merely as a The Supreme Court, sitting en banc, shall be
ministerial function, the Congress shall not have
the sole judge of all contests relating to the
the power to inquire into or decide questions of
alleged irregularities in the conduct of the election, returns, and qualifications of the
election contest. Normally, as long as the President or Vice-President, and may
election returns are duly certified and appear to promulgate its rules for the purpose.
be authentic, the Congress shall have no duty
but to canvass the same and to proclaim as Q: Can Susan Roces, widow of Fernando Poe.
elected the person receiving the highest number Jr, intervene and/or substitute for him, assuming
of votes.278 arguendo that the protest could survive his
Justice Carpio Morales: This duty has been death?
characterized as being ministerial and A: No. The fundamental rule applicable in a
executive.279 presidential election protest is Rule 14 of the
PET Rules. It provides that only the 2nd and 3rd
Validity of Joint Congressional Committee. placer may contest the election. The Rule
Congress may validly delegate the initial effectively excludes the widow of a losing
determination of the authenticity and due candidate.280 (Fernando Poe v. Arroyo)
execution of the certificates of canvass to a Joint
Congressional Committee so long as the The validity, authenticity and correctness of the
decisions and final report of the said Committee SOVs and COCs are under the Tribunal’s
shall be subject to the approval of the joint jurisdiction. The constitutional function as well as
session of Both Houses of Congress voting the power and the duty to be the sole judge of all
separately. (Lopez v. Senate, 2004) contests relating to election, returns and
qualification of President and Vice-President is
COMELEC. There is no constitutional or expressly vested in the PET in Section 4 Article
statutory basis for COMELEC to undertake a VII of the Constitution. Included therein is the
separate and “unofficial” tabulation of result duty to correct manifest errors in the SOVs and
whether manually or electronically. If Comelec is COCs. (Legarda v. De Castro, 2005)
proscribed from conducting an official canvass of
the votes cast for the President and Vice- Q: After Fidel Ramos was declared President,
President, the Comelec is, with more reason, defeated candidate Miriam Defensor Santiago
prohibited from making an “unofficial” canvass of filed an election protest with the SC.
said votes. (Brilantes v. Comelec, 2004) Subsequently, while the case is pending, she ran
for the office of Senator and, having been
The proclamation of presidential and vice- declared elected, assumed office as Senator.
presidential winners is a function of Congress What happens to her election protest?
and not of Comelec (Macalintal v. COMELEC) A: Her protest is deemed abandoned with her
election and assumption of office as Senator.
Congress may continue the canvass even after (Defensor Santiago v. Ramos)
the final adjournment of its session. The final
adjournment of Congress does not terminate an D. Term of Office
277
Bernas Primer at 293 (2006 ed.)
278
Cruz, Philippine Political Law, p. 176 (1995 ed).
279
Separate Opinion of Justice Carpio Morales in Pimentel v. Joint 280
Committee (June 22, 2004) citing Lopez v. Roxas, 17 SCRA 756, Fernando Poe, Jr. v. Arroyo, P.E.T. CASE No. 002.
769 (1966) March 29, 2005.
6 years. The President (and the Vice-President) be determined by law and shall not be
shall be elected by direct vote of the people for a decreased during their tenure. No
term of six years. increase in said compensation shall
take effect until after the expiration of
Noon of June 30.Term hall begin at noon on the the term of the incumbent during
thirtieth day of June next following the day of the which such increase was approved.
election and shall end at noon of the same date six They shall not receive during their
years thereafter. tenure any other emolument from the
Government or any other source.
No re-election. The President shall not be eligible
for any reelection. No person who has succeeded 1. Official Residence
as President and has served as such for more than The President shall have an official residence.
four years shall be qualified for election to the
same office at any time. 2. Salary
Reason for prohibition on any reelection for The salaries of the President and Vice-President
Presidency. It was thought that the elimination of shall be determined by law and shall not be
the prospect of reelection would make for a more decreased during their tenure.
independent President capable of making correct The initial salary of the President is 300,00 per
even unpopular decisions.281 He is expected to year. (Article XVIII Section 17)
devote his attention during his lone term to the No increase during their term. No increase in
proper discharge of his office instead of using its said compensation shall take effect until after the
perquisites to ensure his remaining therein for expiration of the term of the incumbent during
another term.282 which such increase was approved.
No additional emolument during their tenure.
E. Oath of Office They shall not receive during their tenure any other
emolument from the Government or any other
source.
Section 5. Before they enter on the
execution of their office, the President, 3. Immunity from Suit
the Vice-President, or the Acting (Discussed under Section 1 [I(E)])
President shall take the following oath
or affirmation: G. Prohibitions/Inhibitions
“I do solemnly swear (or affirm) that I
will faithfully and conscientiously fulfill
my duties as President (or Vice- Section 13. The President, Vice-President, the
Members of the Cabinet, and their deputies or
President or Acting President) of the assistants shall not, unless otherwise provided in this
Philippines, preserve and defend its Constitution, hold any other office or employment
Constitution, execute its laws, do during their tenure. They shall not, during said tenure,
justice to every man, and consecrate directly or indirectly, practice any other profession,
myself to the service of the Nation. So participate in any business, or be financially interested
help me God.” in any contract with, or in any franchise, or special
(In case of affirmation, last sentence privilege granted by the Government or any subdivision,
will be omitted.) agency, or instrumentality thereof, including
government-owned or controlled corporations or their
subsidiaries. They shall strictly avoid conflict of interest
Oath. The oath is not a source of substantive in the conduct of their office.
power but is merely intended to deepen the sense The spouse and relatives by consanguinity or affinity
of responsibility of the President and ensure a within the fourth civil degree of the President shall not
more conscientious discharge of his office.283 during his tenure be appointed as Members of the
Constitutional Commissions, or the Office of the
Ombudsman, or a Secretaries, Undersecretaries,
F. Privileges
chairmen or heads of bureaus or offices, including
1. Official Residence government-owned or controlled corporations and their
2. Salary subsidiaries.
3. Immunity from suit
Prohibitions:
Section 6. The President shall have 1. Shall not receive increase
an official residence. The salaries of compensation during the term of the
the President and Vice-President shall incumbent during which such increase was
approved. (sec 6)
281 2. Shall not receive any other
Bernas Commentary, p 812 (2003 ed).
282 emoluments from the government or any other
Cruz, Philippine Political Law, p. 177 (1995 ed). source during their tenure. (sec 6)
283
Cruz, Philippine Political Law, p. 183 (1995 ed).
cannot be suspended nor the special election yet been chosen or have acts as President until a
postponed. No special election shall be called if the failed to qualify President or Vice-
vacancy occurs within eighteen months before the date President qualifies.
of the next presidential election. 5. When both shall have died
or become permanently
incapacitated at the start of
Vacancy Situations:
the term.
1. Vacancy that occurs at the start of the 6. When the Senate Congress will decide by
term (Sec 7) President and the Speaker of law who will act as
2. Vacancy that occurs in mid-term (Sec the House shall have died or President until a President
8) shall have become
or Vice-President shall
3. Vacancy in both the presidency and permanently incapacitated, or
are unable to assume office. have been elected and
vice-presidency. (Section 10)
qualified.
Vacancy Situations under Section 7:
Section 8
(The vacancy situations here occur after the office
has been initially filled.) Reason for Vacancy Succession
1. When the incumbent The vacancy created is
1. When a President has been chosen but President dies or is
fails to qualify at the beginning of his term thus permanent. The Vice-
permanently disabled, is President becomes
2. When no President has yet been chosen removed or resigns.
at the time he is supposed to assume office. President.
2. When both the President The Senate President or
3. When the President-elect dies or is
and the Vice-President die, or the Speaker-in that order-
permanently incapacitated before the are permanently disabled, are
beginning of his term shall act as President until
removed, or resign.
4. When both the President and Vice- a President of Vice-
President have not yet been chosen or have President shall have been
failed to qualify qualified.
5. When both shall have died or become 3. When the Acting President Congress will determine
dies, or is permanently by law who will act as
permanently incapacitated at the start of the incapacitated, is removed or
term. President until a new
resigns.
President or Vice-
6. When the Senate President and the
President shall have
Speaker of the House shall have died or shall qualified.
have become permanently incapacitated, or
are unable to assume office. Resignation. In Estrada v. Macapagal-Arroyo, the
SC through Justice Puno (main opinion) declared
Vacancy Situation under Section 8 that the resignation of President Estrada could not
(Vacancy that occurs in mid-term) be doubted as confirmed by his leaving
1. When the incumbent President dies or is Malacanang. The SC declared that the elements of
permanently disabled, is removed or resigns. a valid resignation are (1) intent to resign; and (2)
2. When both the President and the Vice- act of relinquishment. Both were present when
President die, or are permanently disabled, are President Estrada left the Palace. Justice Puno
removed, or resign. anchored his opinion mainly on the letter of Estrada
3. When the Acting President dies, or is and on the diary of ES Edgardo Angara.
permanently incapacitated, is removed or
resigns. Permanent Disability. In Estrada v. Macapagal-
Arroyo, Justice Bellosillo anchored his concurrence
I. Rules of Succession on permanent disability. He opined that permanent
disability as contemplated by the Constitution does
Section 7 not refer only to physical or mental incapacity, but
Reason for Vacancy Succession must likewise cover other forms of incapacities of a
1. When a President has The Vice-President permanent nature, e.g. functional disability.
been chosen but fails to becomes acting President He views Estrada’s disability in (a) objective and
qualify at the beginning of his until a President qualifies
term (b) subjective perspectives.
Objective Approach. “Without people, an effectively
2. When no President has yet functioning cabinet, the military and the police, with
been chosen at the time he is no recognition from Congress and the international
supposed to assume office. community, [Estrada] had absolutely no support
3. When the President-elect Vice-President elect from and control of the bureaucracy from within
dies or is permanently becomes President and from without. In fact he had no more
incapacitated before the functioning government to speak of. It is in this
beginning of his term
context that [Estrada] was deemed absolutely
4. When both the President The Senate President or
and Vice-President have not the Speaker- in that order-
unable to exercise or discharge the powers, duties Section 11. Whenever the President transmits to the
and prerogatives of the Presidency. President of the Senate and the Speaker of the House
Subjective Approach. [Estrada’s] contemporaneous of Representatives his written declaration that he is
acts and statements during and after the critical unable to discharge the powers and duties of his office,
and until he transmits to them a written declaration to
episode are eloquent proofs of his implied-but
the contrary, such powers and duties shall be
nevertheless unequivocal-acknowledgment of the discharged by the Vice-President as Acting President.
permanence of his disability. Whenever a majority of all the Members of the Cabinet
transmit to the President of the Senate and to the
Comment on Estrada v. Macapagal-Arroyo Speaker of the House of Representatives their written
Bernas: In sum, 3 justices (Puno, Vitug and Pardo) declaration that the President is unable to discharge
accepted some form of resignation; 2 jsutices the powers and duties of his office, the Vice-President
(Mendoza and Bellosillo) saw permanent disability; shall immediately assume the powers and duties of the
office as Acting President.
3 justices (Kapuna, Yners Santiago and Sandoval-
Thereafter, when the President transmits to the
Gutierrez) accepted the presidency of Arroyo as an President of the Senate and to the Speaker of the
irreversible fact. 5 justices (Quisumbing, Melo, House of Representatives his written declaration that
Buena, De Leon and gonzaga-Reyes) signed the no inability exists, he shall reassume the powers and
decision without expressing any opinion. Davide duties of his office. Meanwhile, should a majority of all
and Panganiban abstained. In the light of all this, it the Members of the Cabinet transmit within five days to
is not clear what doctrine was established by the President of the Senate and to the Speaker of the
the decision.287 House of Representatives their written declaration that
the President is unable to discharge the powers and
duties of his office, the Congress shall decide the
When the Senate President or Speaker becomes issue. For that purpose, the Congress shall convene, if
Acting President, he does not lose the Senate it is not in session, within forty-eight hours, in
presidency or the speakership.288 accordance with its rules and without need of call.
If the Congress, within ten days after receipt of the last
Section 10 written declaration, or, if not in session, within twelve
Call not needed. The Congress shall, at ten days after it is required to assemble, determines by a
o’clock in the morning of the third day after the two-thirds vote of both Houses, voting separately, that
the President is unable to discharge the powers and
vacancy in the offices of the President and Vice-
duties of his office, the Vice- President shall act as
President occurs, convene in accordance with its President; otherwise, the President shall continue
rules without need of a call and within seven days exercising the powers and duties of his office.
enact a law calling for a special election to elect a
President and a Vice-President to be held not K. Serious Illness
earlier than forty-five days nor later than sixty days
from the time of such call.
Section 12. In case of serious illness of the President,
Bill deemed certified. The bill calling such special
the public shall be informed of the state of his health.
election shall be deemed certified under paragraph The members of the Cabinet in charge of national
2, Section 26, Article V1 of this Constitution and security and foreign relations and the Chief of Staff of
shall become law upon its approval on third the Armed Forces of the Philippines, shall not be
reading by the Congress. denied access to the President during such illness.
Appropriations. Appropriations for the special Section 12 envisions not just illness which
election shall be charged against any current incapacitates but also any serious illness which can
appropriations and shall be exempt from the be a matter of national concern.289
requirements of paragraph 4, Section 25, Article V1
of this Constitution. Reason for informing the public. To guarantee
the people’s right to know about the state of
No suspension or postponement. The convening President’s health, contrary to secretive practice in
of the Congress cannot be suspended nor the totalitarian regimes.290
special election postponed.
Who has the duty to inform? The section does
No special elections. No special election shall be not specify the officer on whom the duty devolves.
called if the vacancy occurs within eighteen months It is understood that the Office of the President
before the date of the next presidential election. would be responsible for making the disclosure.
C. Oath of Office
IV. POWERS OF THE PRESIDENT
Same as the President. See Section 5.
Constitutional Powers of the President
D. Prohibitions and Inhibitions 1. Executive Power
2. Power of Appointment
1. Shall not receive increase 3. Power of Control
compensation during the term of the 4. Military Powers
incumbent during which such increase was 5. Pardoning Power
approved. (sec 6) 6. Borrowing Power
7. Diplomatic Power
8. Budgetary Power
292
9. Informing Power
Number 2 is extra constitutional and Number 3 is illegal. -asm 10. Other Powers
293
Bernas Primer at 291 (2006 ed.)
294
Cruz, Philippine Political Law, p. 183 (1995 ed).
a. Call Congress to a Special Session It is also different from the commission in that the
(art 6, sec 15) latter is the written evidence of the appointment.
b. Power to approve or veto bills (art 6
sec 27) B. Nature of Power of Appointment
c. To consent to deputation of 1. Executive in Nature
government personnel by the Commission 2. Non-delegability
on Elections (art 19-C sec 2(4)) 3. Necessity of Discretion
d. To discipline such deputies (art 19-C
sec 2(8)) 1. Executive in Nature
e. Emergency powers by delegation Appointing power is executive in nature.
from Congress (art 6 sec 23(2)) (Government v. Springer) Indeed, the filling up of
f. Tariff Powers by delegation from an office created by law is the implementation or
Congress (art 6 sec 28(2)) execution of law.296
g. General Supervision over local Although, intrinsically executive and therefore
governments and autonomous regional pertaining mainly to the President, the appointing
governments (art 10) power may be exercised by the legislature and by
the judiciary, as well as the Constitutional
V. Power of Appointment Commissions, over their own respective personnel
Definition of Appointment (See art 6 sec 16 (last sentence), Article VIII etc.)
Nature of Power of Appointment Implication. Since appointment to office is an
Classification of Appointment executive function, the clear implication is that the
Kinds of Presidential Appointment legislature may not usurp such function.
Scope of Appointing Power The legislature may create an office and prescribe
Appointments needing Confirmation of CA the qualifications of the person who may hold the
Officials Who are to be Appointed by the President office, but it may neither specify who shall be
Steps in the Appointing Process appointed to such office nor actually appoint him.297
Appointment of Officers Lower in Rank
Limitations on the President’s Appointing power 2. Non-delegability.
Power of Removal Facts: The Minister of Tourism designate petitioner as
general manager of the Philippine Tourism Authority.
Section 16. The President shall nominate and, with the When a new Secretary of Tourism was appointed, the
consent of the Commission on Appointments, appoint President designated [him] as a general manager of
the heads of the executive departments, ambassadors, the PTA on the ground that the designation of petitioner
other public ministers and consuls, or officers of the was invalid since it is not made by the President as
armed forces from the rank of colonel or naval captain, provided for in PD 564. Petitioner claimed that his
and other officers whose appointments are vested in removal was without just cause.
him in this Constitution. He shall also appoint all other Held: The appointment or designation of petitioner by
officers of the Government whose appointments are the Minister of Tourism is invalid. It involves the
not otherwise provided for by law, and those whom he exercise of discretion, which cannot be delegated.
may be authorized by law to appoint. The Congress Even if it be assumed that the power could be
may, by law, vest the appointment of other officers exercised by the Minister of Tourism, it could be
lower in rank in the President alone, in the courts, or in recalled by the President, for the designation was
the heads of departments, agencies, commissions, or provisional.298 (Binamira v. Garrucho)
boards.
The President shall have the power to make 3. Necessity of Discretion
appointments during the recess of the Congress, Discretion is an indispensable part in the exercise
whether voluntary or compulsory, but such of power of appointment. Congress may not,
appointments shall be effective only until disapproval therefore, enact a statute which would deprive the
by the Commission on Appointments or until the next President of the full use of his discretion in the
adjournment of the Congress.
nomination and appointment of persons to any
public office. Thus it has been held that a statute
A. Definition of Appointment unlawfully limits executive discretion in
appointments when it provides for the drawing of
Definition of Appointment. Appointment is the lots as a means to determine the districts to which
selection, by the authority vested with the power, of judges of first instance should be assigned by the
an individual who is to exercise the functions of a Chief Executive.299 Congress may not limit the
given office.295 President’s choice to one because it will be an
It is distinguished from designation in that the
latter simply means the imposition of additional
duties, usually by law, on a person already in the 296
Bernas Commentary, p 839 (2003 ed).
public service. 297
Bernas Primer at 305 (2006 ed.)
298
Jacinto Jimenez, Political Law Compendium, p.313 (2006 ed.)
295 299
Cruz, Philippine Political Law, p. 189 (1995 ed). Sinco, Philippine Political Law, p 272 (1954ed).
306 307
Bernas Primer at 306 (2006 ed.)
2. Ambassadors, other public ministers and Appointment to a public office cannot be forced
consuls upon any citizen except for purposes of defense of
3. Officers of the armed forces from rank of the State under Article II Section 4.
colonel or naval captain
4. Those other officers whose appointments H. Appointment of Officers Lower in Rank
are vested in him in the Constitution.
(Sarmiento v. Mison) (Note: Although the Section 16 (3rd sentence of first paragraph)
power to appoint Justices, judges, The Congress may, by law, vest the appointment of
Ombudsman and his deputies is vested in other officers lower in rank in the President alone, in
the courts, or in the heads of departments, agencies,
the President, such appointments do not commissions, or boards.
need confirmation by the Commission on
Appointments)
Significance of the phrase “the President
alone”. Alone means to the exclusion of the courts,
Why from rank of colonel. The provision
the heads of departments, agencies, commissions
hopefully will have the effect of strengthening
or boards. 310
civilian supremacy over the military308 To some
extent, the decision of the Commission was
Appointing authority may also be given to other
influenced by the observation that coups are
officials. Thus Section 16 says: “The Congress
generally led by colonels.309
may, by law, vest the appointment of other officers
lower in rank in the President alone, in the courts,
or in the heads of departments, agencies,
Military officers. The clause “officers of the
commissions, or boards.” In Rufino v Endriga311
armed forces from the rank of colonel or naval
interpreted this to mean that, when the authority is
captain” refers to military officers alone.
given to collegial bodies, it is to the chairman that
Hence, promotion and appointment of officers
the authority is given. But he can appoint only
of Philippine Coast Guard which is under the
officers “lower in rank,” and not officers equal in
DOTC (and not under the AFP), do not need
rank to him. Thus a Chairman may not appoint a
the confirmation of Commission on
fellow member of a Board.
Appointments. (Soriano v. Lista, 2003) Also,
promotion of senior officers of the PNP is not
I. Limitations on the President’s Appointing Power
subject to confirmation of CA. PNP are not
members of the AFP. (Manalo v. Sistoza,
1999) Section 14. Appointments extended by an Acting
President shall remain effective, unless revoked by the
elected President within ninety days from his
Chairman of CHR. The appointment of the assumption or reassumption of office.
Chairman of the Commission on Human
Rights is not provided for in the Constitution or
in the law. Thus, there is no necessity for such Section 15. Two months immediately before the next
presidential elections and up to the end of his term, a
appointment to be passed upon by the
President or Acting President shall not make
Commission on Appointments. (Bautista v. appointments, except temporary appointments to
Salonga) executive positions when continued vacancies therein
will prejudice public service or endanger public safety.
2. Exclusive list
The Congress cannot by law require the Special Limitations
confirmation of appointments of government
officials other than those enumerated in the first
1. (Anti-Nepotism Provision) The President
sentence of Section 16 of Article VII. (Calderon v. may not appoint his spouse and relatives by
consanguinity or affinity within the fourth civil
Carale)
degree as Members of the Constitutional
Commission, as Ombudsman, or as
G. Steps in the Appointing Process (where COA
confirmation is needed) Secretaries, Undersecretaries, chairmen or
heads of Bureaus or offices, including
1. Nomination by the President government owned-or-controlled corporations.
2. Confirmation of the Commission on Appointments (Section 13)
3. Issuance of the Commission
2. Appointments extended by an acting President
Acceptance. An appointment is deemed complete shall remain effective unless revoked by the
only upon its acceptance. Pending such
acceptance, the appointment may still be
310
withdrawn. (Lacson v. Romero) Bernas Commentary, p 847 (2003 ed).; The earlier view of Fr.
Bernas confirmed by Sarmiento v. Mison, was that the retention of
308
Bernas Commentary, p 844 (2003 ed). the phrase “President alone” was an oversight.
309 311
II RECORD 394-395. G.R. No. 139554, July 21, 2006.
elected President within 90 days form his to the end of the term of the President does
assumption of office. (Section 14) not apply to vacancies in the Supreme
3. (Midnight Appointments)Two months Court. (De Castro v. JBC, March 17, 2010)
immediately before the next presidential
elections and up to the end of his term, a
President or acting President shall not make Other Limitations:
appointments except for temporary 1. The presidential power of appointment may
appointments to executive positions when also be limited by Congress through its power
continued vacancies therein will prejudice to prescribe qualifications for public office.
public service or endanger public safety. 2. The judiciary may annul an appointment made
(Section 15) by the President if the appointee is not
4. The President shall have the power to make qualified or has not been validly confirmed.313
appointments during the recess of the
Congress, whether voluntary or compulsory, J. Power of Removal
but such appointments shall be effective only
until disapproval by the CA or until the next The President possesses the power of removal by
adjournment of Congress. (Section 16 par. 2) implication from other powers expressly vested in
him.
Provision applies only to presidential 1. It is implied from his power to appoint
appointments. The provision applies only to 2. Being executive in nature, it is implied
presidential appointments. There is no law from the constitutional provision vesting
that prohibits local executive officials from the executive power in the President.
making appointments during the last days of 3. It may be implied from his function to take
their tenure. (De Rama v. CA) care that laws be properly executed; for
without it, his orders for law enforcement
Old Doctrine: [Section 15] applies in the might not be effectively carried out.
appointments in the Judiciary. Two 4. The power may be implied fro the
months immediately before the next President’s control over the administrative
presidential elections and up to the end of departments, bureaus, and offices of the
his term, a President or Acting President government. Without the power to
shall not make appointments, except remove, it would not be always possible
temporary appointments to executive for the President to exercise his power of
positions when continued vacancies therein control.314
will prejudice public service or endanger
public safety. Since the exception applies As a general rule, the power of removal may be
only to executive positions, the prohibition implied from the power of appointment. 315 However,
covers appointments to the judiciary.312 the President cannot remove officials appointed by
During this period [2 months immediately him where the Constitution prescribes certain
before the next presidential elections…], the methods for separation of such officers from public
President is neither required to make service, e.g., Chairmen and Commissioners of
appointments to the courts nor allowed to do Constitutional Commissions who can be removed
so. only by impeachment, or judges who are subject to
Section 4(1) and 9 of Article VIII simply the disciplinary authority of the Supreme Court. In
mean that the President is required by law to the cases where the power of removal is lodged in
fill up vacancies in the courts within the the President, the same may be exercised only for
same time frames provided therein unless cause as may be provided by law, and in
prohibited by Section 15 of Article VII. accordance with the prescribed administrative
While the filing up of vacancies in the procedure.
judiciary is undoubtedly in the public
interest, there is no showing in this case of Members of the career service. Members of the
any compelling reason to justify the making career service of the Civil Service who are
of the appointments during the period of the appointed by the President may be directly
ban. (In Re Appointment of Mateo disciplined by him. (Villaluz v. Zaldivar) provided
Valenzuela, 1998)
313
New Doctrine: The prohibition under Article Cruz, Philippine Political Law, p. 195 (1995 ed).
314
VII, Section 15 of the Constitution against Sinco, Philippine Political Law, p 275 (1954ed).; But See Ang-
presidential appointments immediately Angco v. Castillo, “The power of control is not the source of the
before the next presidential elections and up Executive’s disciplinary power over the person of his
subordinates. Rather, his disciplinary power flows from his
312 power to appoint.” Bernas Primer at 313 (2006 ed).
In re: Appointment of Valenzuela, AM 98-0501 SC, November 9,
315
1998. Cruz, Philippine Political Law, p. 196 (1995 ed).
that the same is for cause and in accordance with but the power of control necessarily includes the
the procedure prescribed by law. power of supervision.322
Control is the power of an officer to alter or modify C. The President and Power of Control
or nullify or set aside what a subordinate officer Power of Control of the President
had done in the performance of his duties and to Scope
substitute the judgment of the former for that of the Section 17 is self-executing
latter.317 Not a Source of Disciplinary Powers
It includes the authority to order the doing of an act 1. Power of Control of the President
by a subordinate or to undo such act or to assume [Power of Control] has been given to the President
a power directly vested in him by law. 318 The power over all executive officers from Cabinet members to
of control necessarily includes the power of the lowliest clerk. This is an element of the
supervision.319 presidential system where the President is “the
Executive of the government.”323
B. Control v. Supervision
The power of control vested in the President by the
Control is a stronger power than mere Constitution makes for a strongly centralized
supervision.320 administrative system. It reinforces further his
position as the executive of the government,
Supervision. Supervision means overseeing or the enabling him to comply more effectively with his
power or authority of an officer to see that constitutional duty to enforce laws. The power to
subordinate officer performs their duties. If the prepare the budget of the government strengthens
latter fail or neglect to fulfill them, then the former the President’s position as administrative head.324
may take such action or steps as prescribed by law
to make them perform these duties.321 2. Scope
a. The President shall have control of all the
Bernas Primer: Power of Supervision is the power executive departments, bureaus, and offices.
of a superior officer to “ensure that the laws are (Section 17)
faithfully executed” by inferiors. The power of
supervision does not include the power of control; b. The President has control over officers of
GOCCs. (NAMARCO v. Arca) (Bernas: It is
316 submitted that such power over government-
Cruz, Philippine Political Law, p. 197 (1995 ed). owned corporation comes not from the
317
Mondano v. Silvosa
318
Cruz, Philippine Political Law, p. 198 (1995 ed).
319 322
Bernas Primer at 313 (2006 ed.) Bernas Primer at 313 (2006 ed.)
320 323
Cruz, Philippine Political Law, p. 198 (1995 ed). Bernas Primer at 310 (2006 ed.)
321 324
Mondano v. Silvosa Sinco, Philippine Political Law, p 243 (1954ed).
Constitution but from statute. Hence, it may also Pursuant to Executive Order No. 378,
be taken away by statute.) government agencies and instrumentalities are
allowed to source their printing services from the
c. Control over what? The power of control is private sector through competitive bidding,
exercisable by the President over the acts of his subject to the condition that the services offered
subordinates and not necessarily over the by the private supplier be of superior quality and
subordinate himself. (Ang-angco v. Castillo) It lower in cost compared to what was offered by
can be said that the while the Executive has the NPO. Executive Order No. 378 also limited
control over the “judgment” or “discretion” of his NPO’s appropriation in the General
subordinates, it is the legislature which has Appropriations Act to its income.
control over their “person.”325
Perceiving Executive Order No. 378 as a threat
d. Theoretically, the President has full control of to their security of tenure as employees of the
all the members of the Cabinet. He may appoint NPO, petitioners now challenge its
them as he sees fit, shuffle them at pleasure, constitutionality, contending that: (1) it is beyond
and replace them in his discretion without any the executive powers of President Arroyo to
legal inhibition whatever.326 amend or repeal Executive Order No. 285 issued
by former President Aquino when the latter still
e. The President may exercise powers conferred exercised legislative powers; and (2) Executive
by law upon Cabinet members or other Order No. 378 violates petitioners’ security of
subordinate executive officers. (City of Iligan v. tenure, because it paves the way for the gradual
Director of Lands) Even where the law provides abolition of the NPO.
that the decision of the Director of Lands on
questions of fact shall be conclusive when ISSUE:
affirmed by the Sec of DENR, the same may, on Whether EO 378 is constitutional.
appeal to the President, be reviewed and
reversed by the Executive Secretary. (Lacson- HELD:
Magallanes v. Pano) YES
J. Leonardo-de Castro. It is a well-settled
f. It has been held, moreover, that the express principle in jurisprudence that the President has
grant of the power of control to the President the power to reorganize the offices and agencies
justifies an executive action to carry out the in the executive department in line with the
reorganization of an executive office under a President’s constitutionally granted power of
broad authority of law.327 A reorganization can control over executive offices and by virtue of
involve the reduction of personnel, consolidation previous delegation of the legislative power to
of offices, or even abolition of positions by reorganize executive offices under existing
reason of economy or redundancy of functions. statutes.
While the power to abolish an office is generally
lodged with the legislature, the authority of the Executive Order No. 292 or the Administrative
President to reorganize the executive branch, Code of 1987 gives the President continuing
which may include such abolition, is permissible authority to reorganize and redefine the functions
under present laws.328 of the Office of the President. Section 31,
Chapter 10, Title III, Book III of the said Code, is
g. Banda v. Ermita explicit: The President, subject to the policy in
G.R. No. 166620 the Executive Office and in order to achieve
April 20, 2010 simplicity, economy and efficiency, shall have
continuing authority to reorganize the
FACTS: administrative structure of the Office of the
President GMA issued Executive Order No. 378 President.
on 2004 amending Section 6 of Executive Order
No. 285 by, inter alia, removing the exclusive It is undisputed that the NPO, as an agency that
jurisdiction of the NPO (National Printing Office) is part of the Office of the Press Secretary (which
over the printing services requirements of in various times has been an agency directly
government agencies and instrumentalities. attached to the Office of the Press Secretary or
as an agency under the Philippine Information
325
Bernas Primer at 313 (2006 ed.) Agency), is part of the Office of the President.
326 To be very clear, this delegated legislative power
Cruz, Philippine Political Law, p. 199 (1995 ed). to reorganize pertains only to the Office of the
327
Anak Mindanao v. Executive Sec, G.R. No. 166052 , August 29, President and the departments, offices and
2007; Tondo Medical Center Employees v. CA. G.R. No. 167324, agencies of the executive branch and does not
July 17, 2007; include the Judiciary, the Legislature or the
328
Malaria Employees v. Executive Secretary, G.R. No. 160093, constitutionally-created or mandated bodies.
July 31, 2007.
Moreover, it must be stressed that the exercise Office of the President under Section 31 is a
by the President of the power to reorganize the misplaced supposition, even in the plainest
executive department must be in accordance meaning attributable to the term “restructure”– an
with the Constitution, relevant laws and “alteration of an existing structure.” Evidently,
prevailing jurisprudence. the Truth Commission was not part of the
structure of the Office of the President prior to
J. Carpio: RA 9184 mandates the conduct of the enactment of Executive Order No. 1.
competitive bidding in all the procurement
activities of the government including the Reorganization "involves the reduction of
acquisition of “items, supplies, materials, and personnel, consolidation of offices, or abolition
general support services x x x which may be thereof by reason of economy or redundancy of
needed in the transaction of the public functions." It takes place when there is an
businesses or in the pursuit of any government x alteration of the existing structure of government
x x activity” save for limited transactions. By offices or units therein, including the lines of
opening government’s procurement of standard control, authority and responsibility between
and accountable forms to competitive bidding them.
(except for documents crucial to the conduct of
clean elections which has to be printed solely by Issue: Is there a valid delegation of power
government), EO 378 merely implements RA from Congress thru PD 1416, empowering
9184’s principle of promoting “competitiveness the President to create a public office?
by extending equal opportunity to enable private
contracting parties who are eligible and qualified Held: NO. No. P.D. 1416 is already stale,
to participate in public bidding. anachronistic and inoperable. P.D. No. 1416 was
a delegation to then President Marcos of the
h. Biraogo v. PTC authority to reorganize the administrative
structure of the national government including
Facts: President Noynoy Aquino on July 30, the power to create offices and transfer
2010, signed Executive Order No. 1 establishing appropriations pursuant to one of the purposes
the Philippine Truth Commission of 2010 (Truth of the decree, embodied in its last “Whereas”
Commission).The said Truth is dedicated solely clause:
to investigating and finding out the truth “WHEREAS, the transition towards the
concerning the reported cases of graft and parliamentary form of government will
corruption during the previous administration. necessitate flexibility in the organization
of the national government. “
The Respondents through OSG cites the recent Clearly, as it was only for the purpose of
case of Banda v. Ermita, where it was held that providing manageability and resiliency during the
the President has the power to reorganize the interim, P.D. No. 1416, as amended by P.D. No.
offices and agencies in the executive department 1772, became functus oficio upon the
in line with his constitutionally granted power of convening of the First Congress, as expressly
control and by virtue of a valid delegation of the provided in Section 6, Article XVIII of the 1987
legislative power to reorganize executive offices Constitution.
under existing statutes.
According to the OSG, the power to create a
truth commission pursuant to the above provision (Note: While it was recognized in this case of
finds statutory basis under P.D. 1416, as Biraogo v. PTC that the power to conduct
amended by P.D. No. 1772. The said law granted investigations is inherent in the power to
the President the continuing authority to faithfully execute laws, E.O. 1 by Pres.
reorganize the national government, including
the power to group, consolidate bureaus and
Noynoy Aquino creating the Truth
agencies, to abolish offices, to transfer functions, Commission is held unconstitutional for
to create and classify functions, services and being violative of the equal protection
activities, transfer appropriations, and to clause of the Constitution.)
standardize salaries and materials.
Issue: Does the creation of the Philippine Truth 3. Section 17 is a self-executing provision
Commission fall within the ambit of the power to The President derives power of control directly
reorganize as expressed in Section 31 of the from the Constitution and not from any
Revised Administrative Code? implementing legislation. Such a law is in fact
unnecessary and will even be invalid if it limits the
Held: J. Mendoza. No. Section 31 contemplates
“reorganization”. To say that the Truth
Commission is borne out of a restructuring of the
exercise of his power or withdraws it altogether Since the executive is a busy man, he is not
from the President.329 expected to exercise the totality of his power of
control all the time. He is not expected to exercise
4. Power of Control is not the source of the all his powers in person. He is expected to
Executive’s disciplinary power delegate some of them to men of his confidence,
The power of control is not the source of the particularly to members of his Cabinet. Thus, out of
Executive’s disciplinary power over the person of this practical necessity has risen what has come
his subordinates. Rather, his disciplinary power to be referred to as “doctrine of qualified political
flows from his power to appoint. (Ang-Angco v. agency.”332
Castillo)330
4. Power of Control exercised by Department
D. Alter Ego Principle; Doctrine of Qualified Political Heads in the President’s Behalf
Agency The President’s power of control means his power
Doctrine to reverse the judgment of an inferior officer. It
When Doctrine not Applicable may also be exercised in his behalf by Department
Reason for the Doctrine Heads. Thus the Secretary of Justice may reverse
Power of Control exercised by Department Heads the judgment of a prosecutor and direct him to
Power of Control exercised by ES withdraw an information already filed. Such action
Abakada Case is not directly reviewable by a court. One who
disagrees, however, may should appeal to the
1. Doctrine Office of the President in order to exhaust
The doctrine recognizes the establishment of a administrative remedies prior to bring it to court.333
single executive. The doctrine postulates that, “All
executive and administrative organizations are 5. Power of Control exercised by the ES
adjuncts of the Executive Department, the heads of The Executive Secretary when acting “by authority
the various executive departments are assistants of the President” may reverse the decision of
and agents of the Chief Executive, and, (except in another department secretary. (Lacson-Magallanes
cases where the Chief Executive is required by the v. Pano) 334
Constitution or law to act in person or the
exigencies of the situation demand that he act 6. Abakada Case
personally,) the multifarious executive and Petitioners argue that the EVAT law is
administrative functions of the Chief Executive are unconstitutional, as it constitutes abandonment by
performed by and through the executive Congress of its exclusive authority to fix the rate of
departments, and the acts of the secretaries of taxes and nullififed the President’s power of control
such departments, performed and promulgated by mandating the fixing of the tax rate by the
in the regular course of business, are, unless President upon the recommendation of the
disapproved or reprobated by the Chief Secretary of Finance. The SC ruled that the
Executive presumptively, the acts of the Chief Secretary of Finance can act as agent of the
Executive” (Villena v. Sec. of Interior) Legislative Department to determine and declare
the event upon which its expressed will is to take
Put simply, when a department secretary makes a effect. His personality in such instance is in reality
decision in the course of performing his or her but a projection of that of Congress. Thus, being
official duties, the decision, whether honorable or the agent of Congress and not of the President, the
disgraceful, is presumptively the decision of the President cannot alter or modify or nullify, or set
President, unless he quickly and clearly disowns aside the findings of the Secretary of Finance and
it.331 to substitute the judgment of the former to the
latter.335 (Abakada Guro v. ES, 2005)
2. When Doctrine not Applicable
Qualified political agency does NOT apply if the 7. Truth Commission Case
President is required to act in person by law or by Facts: President Noynoy Aquino on July 30, 2010,
the Constitution. Example: The power to grant signed Executive Order No. 1 establishing the
pardons must be exercised personally by the Philippine Truth Commission of 2010 (Truth
President. Commission).The said Truth is dedicated solely
to investigating and finding out the truth The power of the President over local governments
concerning the reported cases of graft and is only one of general supervision.336 (See Article X,
corruption during the previous Sections 4 and 16)
administration.
The President can only interfere in the affairs and
activities of a local government unit if he finds that
Issue: Is the creation of the Truth Commission
the latter had acted contrary to law. (Judge Dadole
under the ambit of the President’s power of
v. COA)
control?
A law (RA 7160 Sec 187) which authorizes the
Held: NO
Secretary of Justice to review the constitutionality
J. Mendoza: NO. The creation of the Truth
of legality of a tax ordinance—and if warranted, to
Commission is not justified by the President’s
revoke it on either or both grounds—is valid, and
power of control. Control is essentially the power to
does not confer the power of control over local
alter or modify or nullify or set aside what a
government units in the Secretary of Justice, as
subordinate officer had done in the performance of
even if the latter can set aside a tax ordinance, he
his duties and to substitute the judgment of the
cannot substitute his own judgment for that of the
former with that of the latter. Clearly, the power of
local government unit. (Drilon v. Lim)
control is entirely different from the power to
create public offices. The former is inherent in the
F. Faithful Execution Clause; Take Care Clause
Executive, while the latter finds basis from either a
valid delegation from Congress, or his inherent
duty to faithfully execute the laws. The power to take care that the laws be faithfully
executed makes the President a dominant figure in
J. Carpio: The President’s power to create ad hoc the administration of the government.337
fact-finding bodies does not emanate from the
President’s power of control over the Executive The President shall ensure that the laws be
branch. The President’s power of control is the faithfully executed. (Section 17 2nd sentence) The
power to reverse, revise or modify the decisions of law he is supposed to enforce includes the
subordinate executive officials, or substitute his Constitution, statutes, judicial decisions,
own decision for that of his subordinate, or even administrative rules and regulations and municipal
make the decision himself without waiting for the ordinances, as well as treaties entered into by
action of his subordinate.15 This power of control government.338
does not involve the power to create a public office.
Neither does the President’s power to find facts or This power of the President is not limited to the
his broader power to execute the laws give the enforcement of acts of Congress according to their
President the power to create a public office. The express terms. The President’s power includes “the
President can exercise the power to find facts or to rights and obligations growing out of the
execute the laws without creating a public office. Constitution itself, international relations, and all
the protection implied by the nature of the
J. Perlata: Power of control cannot be the basis of government under the Constitution.339
creating the Truth Commission.
The reverse side of the power to execute the law is
J. Bersamin: I cannot also bring myself to accept the duty to carry it out. The President cannot refuse
the notion that the creation of the Truth to carry out a law for the simple reason that in his
Commission is traceable to the President’s power judgment it will not be beneficial to the people. 340
of control over the Executive Department. As the Supreme Court pointed out, “after all we still
live under a rule of law.”
(In the case of Biraogo v. PTC, the Supreme Court,
while it recognized that the power to conduct It has been suggested that the President is not
under obligation to enforce a law which in his belief
investigations is inherent in the power to
is unconstitutional because it would create no
faithfully execute laws, held that E.O. 1 by rights and confer no duties being totally null and
Pres. Noynoy Aquino creating the Truth void. The better view is that it is not for him to
Commission unconstitutional for being determine the validity of a law since this is a
violative of the equal protection clause of
the Constitution.) 336
Bernas Primer at 313 (2006 ed.)
337
E. Power of Supervision over LGUs Cruz, Philippine Political Law, p. 203 (1995 ed).
338
Cruz, Philippine Political Law, p. 203 (1995 ed).
339
In Re Neagle, 135 US 1 (1890). Bernas Commentary, p 863
(2003 ed).
340
Bernas Commentary, p 863 (2003 ed)
question exclusively addressed to the judiciary. employees of his department. He has the authority
Hence, until and unless a law is declared to directly assume the functions of the executive
unconstitutional, the President has a duty to department.
execute it regardless of his doubts on its validity. A
contrary opinion would allow him not only to negate J. Brion : Under his broad powers to execute the
the will of legislature but also to encroach upon the laws, the President can undoubtedly create ad hoc
prerogatives of the judiciary.341 bodies for purposes of investigating reported
crimes.
Can the President create an adhoc investigative
body under the faithful execution clause?
J. Peralta: The President has the power to create
Yes. (Majority of the Justices in Biraogo v. PTC ad hoc committees to investigate or inquire into
answers this question in the affirmative: JJ. matters for the guidance of the President to ensure
Velasco, Villarama, Del Castillo concurring with the that the laws be faithfully executed
ponente-Mendoza; Brion, Peralta, Nachura and
Carpio. CJ Corona and J de Castro seem to J. Nachura: I agree that the President can
answer the question in the affirmative as well.) create an ad hoc investigative body.
(a) To Congress over presidential appointees The Congress, if not in session, shall, within twenty-
who are impeachable officers (Article XI, four hours following such proclamation or suspension,
Sections 2 and 3); convene in accordance with its rules without need of a
(b) To the Supreme Court over members of the call.
The Supreme Court may review, in an appropriate
courts and the personnel thereof (Article
proceeding filed by any citizen, the sufficiency of the
VIII, Section 6); and factual basis of the proclamation of martial law or the
(c) To the Ombudsman over any other public suspension of the privilege of the writ or the extension
official, employee, office or agency (Article thereof, and must promulgate its decision thereon
XI, Section 13 (1)). within thirty days from its filing.
A state of martial law does not suspend the operation
However, even as the Constitution has granted to of the Constitution, nor supplant the functioning of the
the Ombudsman the power to investigate other civil courts or legislative assemblies, nor authorize the
conferment of jurisdiction on military courts and
public officials and employees, such power is not
agencies over where civil courts are able to function,
absolute and exclusive. Congress has the power nor automatically suspend the privilege of the writ.
to further define the powers of the Ombudsman The suspension of the privilege of the writ shall apply
and, impliedly, to authorize other offices to conduct only to persons judicially charged for rebellion or
such investigation over their respective officials and offenses inherent in or directly connected with invasion.
personnel. During the suspension of the privilege of the writ, any
person thus arrested or detained shall be judicially
The Constitution has vested in Congress alone the charged within three days, otherwise he shall be
released.
power to grant to any office concurrent jurisdiction
with the Ombudsman to conduct preliminary
investigation of cases of graft and corruption. A. The Military Power (1987 Bar Question)
NOTE: In this case of Biraogo v. PTC, the Section 18 bolsters the principle announced in
Supreme Court, while it recognized that the Article II, Section 3 that “civilian authority is at all
power to conduct investigations is inherent in times, supreme over the military.” By making the
President the commander-in-chief of all the armed
the power to faithfully execute laws, held that
forces, the Constitution lessens the danger of a
E.O. 1 by Pres. Noynoy Aquino creating military take-over of the government in violation of
the Truth Commission unconstitutional for its republican nature.342
being violative of the equal protection
clause of the Constitution. Section 18 grants the President, as Commander-in-
Chief, a sequence of graduated powers. From the
most to the least benign, these are: the calling out
VII. Military Power/Emergency Powers power, the power to suspend the privilege of the
The Military Power writ of habeas corpus, and the power to declare
Limitations on Military Power martial law. (Sanlakas v. Executive Secretary)
Commander-in-Chief Clause/ Calling Out Power
Suspension of the Privilege The power of the sword makes the President the
Martial Law most important figure in the country in times of war
or other similar emergency.343 It is because the
Section 18. The President shall be the Commander-in- sword must be wielded with courage and resolution
Chief of all armed forces of the Philippines and that the President is given vast powers in the
whenever it becomes necessary, he may call out such making and carrying out of military decisions.344
armed forces to prevent or suppress lawless violence,
invasion or rebellion. In case of invasion or rebellion, The military power enables the President to:
when the public safety requires it, he may, for a period 1. Command all the armed forces of the
not exceeding sixty days, suspend the privilege of the Philippines;
writ of habeas corpus or place the Philippines or any
part thereof under martial law. Within forty-eight hours
2. Suspend the privilege of the writ of
from the proclamation of martial law or the suspension habeas corpus
of the privilege of the writ of habeas corpus, the 3. Declare martial law
President shall submit a report in person or in writing to
the Congress. The Congress, voting jointly, by a vote of B. Limitations on Military Power345 (1987, 2000 Bar
at least a majority of all its Members in regular or Question)
special session, may revoke such proclamation or
suspension, which revocation shall not be set aside by
the President. Upon the initiative of the President, the
Congress may, in the same manner, extend such
342
proclamation or suspension for a period to be Cruz, Philippine Political Law, p. 204 (1995 ed).
determined by the Congress, if the invasion or rebellion 343
Cruz, Philippine Political Law, p. 205 (1995 ed).
shall persist and public safety requires it. 344
Cruz, Philippine Political Law, p. 205 (1995 ed).
345
Cruz, Philippine Political Law, p. 213 (1995 ed).
1. He may call out the armed forces to prevent or movements of the naval and the military forces
suppress lawless violence, invasion or rebellion placed by law at his command, and to employ them
only. in manner he may deem most effectual to harass
2. The grounds for the suspension of the and conquer and subdue the enemy.346
privilege of the writ of habeas corpus and the
proclamation of martial law are now limited only to Since the President is commander-in-chief of the
invasion or rebellion. Armed Forces she can demand obedience from
3. The duration of such suspension or military officers. Military officers who disobey or
proclamation shall not exceed sixty days, following ignore her command can be subjected to court
which it shall be automatically lifted. martial proceeding. Thus, for instance, the
4. Within forty-eight hours after such suspension President as Commander in Chief may prevent a
or proclamation, the President shall personally or in member of the armed forces from testifying before
writing report his action to the Congress. If not in a legislative inquiry. A military officer who disobeys
session, Congress must convene within 24 hours. the President’s directive may be made to answer
5. The Congress may then, by majority votes of before a court martial. Since, however, Congress
all its members voting jointly, revoke his action. The has the power to conduct legislative hearings,
revocation may not set aside by the President. Congress may make use of remedies under the
6. By the same vote and in the same manner, the law to compel attendance. Any military official
Congress may, upon initiative of the President, whom Congress summons to testify before it may
extend his suspension or proclamation for a period be compelled to do so by the President. If the
to be determined by the Congress if the invasion or President is not so inclined, the President may be
rebellion shall continue and the public safety commanded by judicial order to compel the
requires extension. attendance of the military officer. Final judicial
7. The action of the President and the Congress orders have the force of the law of the land which
shall be subject to review by the Supreme Court the President has the duty to faithfully execute.347
which shall have the authority to determine the
sufficiency of the factual basis of such action. This 2. Civilian Supremacy (Bernasian view)
matter is no longer considered a political question Is the President a member of the armed
and may be raised in an appropriate proceeding by forces?
any citizen. Moreover, the Supreme Court must Dichotomy of views:
decide the challenge within thirty days from the Sinco: The President is not only a civil official.
time it is filed. As commander-in-chief of all armed forces, the
8. Martial law does not automatically suspend the President is also a military officer. This dual role
privilege of the writ of habeas corpus or the given by the Constitution to the President is
operation of the Constitution. The civil courts and intended to insure that the civilian controls the
the legislative bodies shall remain open. Military military.348
courts and agencies are not conferred jurisdiction Bernas: The weight of authority favors the
over civilians where the civil courts are functioning. position that the President is not a member of the
9. The suspension of the privilege of the writ of armed forces but remains a civilian.
habeas corpus shall apply only to persons facing The President’s duties as Commander-in-Chief
charges of rebellion or offenses inherent in or represent only a part of the organic duties
directly connected with invasion. imposed upon him. All his other functions are
10. Any person arrested for such offenses must be clearly civil in nature.
judicially charged therewith within three days. He is elected as the highest civilian officer
Otherwise shall be released. His compensation is received for his
services rendered as President of the
C. Commander-in-Chief Clause; Calling Out Power nation, not for the individual part of his
Power over the military duties; no portion of its is paid from sums
Civilian Supremacy appropriated for the military or naval forces.
Calling-out Power He is not subject to court martial or other
military discipline
The President shall be the Commander-in-Chief of all The Constitution does not require that the
armed forces of the Philippines and whenever it President must be possessed of military
becomes necessary, he may call out such armed forces
training and talents.
to prevent or suppress lawless violence, invasion or
rebellion. (Section 18, 1st sentence) This position in fact, is the only one compatible
with Article II, Section 3, which says” “Civilian
authority is at all times, supreme over the
1. Power over the Military.
military.” The net effect thus of Article II, Section3
The President has absolute authority over all
members of the armed forces. (Gudani v. Senga, 346
Bernas Commentary, p 866 (2003 ed) citing Fleming v. Page.
2006) He has control and direction over them. As 347
Gudani v. Senga, G.R. No. 170165, April 15. 2006.
Commander-in-chief, he is authorized to direct the 348
Sinco, Philippine Political Law, p 261 (1954ed).
when read with Article VII, Section 18 is that a enumerated the following events that lead to the
civilian President holds supreme military issuance of PP1017:
authority and is the ceremonial, legal, and 1. Escape of Magdalo group and their
audacious threat of the Magdalo D-day
administrative head of the armed forces.349
2. The defecations in the Military, particularly in
the Phil. Marines
3. Calling Out Power under Section 18 (2006 Bar 3. Reproving statements of the communist
Question) leaders
Most Benign power of Section 18 4. Minutes of the Intelligence Report and
Use of Calling Out Power Vests No Constitutional Security Group of the Philippine Army
or Statutory Powers showing the growing alliance between the
NPA and the military.
Declaration of State of Rebellion Did PGMA gravely abuse her discretion in
Declaration of State of National Emergency calling out the AFP?
Calling out Power and Judicial Review NO. Section 18 grants the President the calling
out power. The only criterion for the exercise is
a. Most Benign power of Section 18. The that “whenever it becomes necessary”, the
diminution of any constitutional rights through the President may call the armed forces “to prevent or
suspension of the privilege of the writ or the suppress lawless violence, invasion or rebellion”
declaration of martial law is deemed as “strong These conditions are present in this case.
Considering the circumstances then prevailing
medicine” to be used sparingly and only as a last PGMA found it necessary to issue PP1017. Owing
resort, and for as long as only truly necessary. to her Office’s vast intelligence network, she is in
Thus, the invocation of the “calling out” power the best position to determine the actual condition
stands as a balanced means of enabling a in her country. PP1017 is constitutional insofar
heightened alertness in dealing with the armed as it constitutes a call by PGMA on the AFP to
threat, but without having to suspend any prevent or suppress lawless violence.
constitutional or statutory rights or cause the
creation of any new obligations. e. President’s action in calling out the armed
forces, and judicial review. It may be gathered
b. Vests no new constitutional or statutory from the broad grant of power that the actual use to
powers. For the utilization of the “calling out” which the President puts the armed forces, is
power alone cannot vest unto the President any unlike the suspension of the privilege of writ of
new constitutional or statutory powers, such as the habeas corpus, not subject to judicial review.350
enactment of new laws. At most, it can only renew
emphasis on the duty of the President to execute But, wait! While the Court considered the
already existing laws without extending a President’s “calling-out” power as a discretionary
corresponding mandate to proceed extra- power solely vested in his wisdom and that it
constitutionally or extra-legally. Indeed, the “calling cannot be called upon to overrule the President’s
out” power does not authorize the President or the wisdom or substitute its own, it stressed that “this
members of the Armed Forces to break the law. does not prevent an examination of whether such
power was exercised within permissible
c. Declaration of State of Rebellion. Declaration constitutional limits or whether it was exercised in a
of the state of rebellion is within the calling-out manner constituting grave abuse of discretion. (IBP
power of the President. When the President v. Zamora) Judicial inquiry can go no further than to
declares a state of emergency or a state of satisfy the Court not that the President’s decision is
rebellion her action is merely a description of the correct, but that “the President did not act
situation as she sees it but it does not give her new arbitrarily.” Thus, the standard is not correctness,
powers. The declaration cannot diminish or violate but arbitrariness. It is incumbent upon the petitioner
constitutionally protected rights. (Sanlakas v. to show that the President’s decision is totally
Executive Secretary, G.R. No. 159085, February bereft of factual basis” and that if he fails, by way of
3, 2004.) proof, to support his assertion, then “this Court
cannot undertake an independent investigation
d. Declaration of a “state of national beyond the pleadings. (IBP v. Zamora cited in
emergency”. The President can validly declare a David v. Arroyo)
state of national emergency even in the absence of
congressional enactment. (David v. Ermita) (2006 f. QUESTION:
Bar Question) What is the extent of the President’s power to
conduct peace negotiations?
PP 1017 case
Facts: On February 24, 2006, President Arroyo ANSWER:
issued Presidential Proclamation 1017 declaring a Main Opinion, J. Carpio-Morales: The
state of national emergency. The Solicitor General President’s power to conduct peace negotiations is
349 350
Bernas Commentary, p 865 (2003 ed). Bernas Commentary, p 866 (2003 ed)
implicitly included in her powers as Chief Executive Privilege. It is the right to have an immediate
and Commander-in-Chief. The President – in the determination of the legality of the deprivation of
course of conducting peace negotiations – may physical liberty.
validly consider implementing even those policies
that require changes to the Constitution, but she 3. Suspension of the privilege.
may not unilaterally implement them without the
intervention of Congress, or act in any way as if In case of invasion or rebellion, when the public
the assent of that body were assumed as a safety requires it, [the President] may, for a period
certainty. not exceeding sixty days, suspend the privilege of
Given the limited nature of the President’s authority the writ of habeas corpus.
to propose constitutional amendments, she cannot
guarantee to any third party that the required Suspension of the Privilege, Meaning.
amendments will eventually be put in place, nor Suspension of the privilege does not suspend the
even be submitted to a plebiscite. (Province of writ itself, but only it’s privilege. This means that
North Cotabato v. GRP) when the court receives an application for the writ,
and it finds the petition in proper form, it will issue
the writ as a matter of course, i.e., the court will
D. Suspension of the Privilege issue an order commanding the production before
Writ of Habeas Corpus the court of the person allegedly detained, at a time
Privilege of the Writ of Habeas Corpus and place stated in the order, and requiring the true
Suspension of the Privilege, Meaning cause of his detention to be shown to the court. If
General Limitations on the power to Suspend the return to the writ shows that the person in
To whom Applicable custody was apprehended and detained in areas
Effect on Applicable Persons where the privilege of the writ has been suspended
Grounds or for crimes mentioned in the executive
Duration proclamation, the court will suspend further
Four Ways to Lift the Suspension proceedings in the action.352 (1997 Bar Question)
Duty of the President
Role of Congress Facts: Claiming they were illegally arrested without
Role of the Supreme Court any warrant of arrest, petitioners sued several
officers of the AFP for damages. The officers of the
AFP argued that the action was barred since the
1. Writ of HC suspension of the privilege of the writ of habeas
corpus precluded judicial inquiry into the legality of
The writ. The writ of habeas corpus is a writ their detention.
directed to the person detaining another, Held: The contention of AFP officers has not merit.
commanding him to produce the body of the The suspension of the privilege of the writ of habeas
prisoner at a designated time and place, with the corpus does not render valid an otherwise illegal
arrest or detention. What is suspended is merely
day and cause of his caption and detention, to do, the right of individual to seek release from
to submit to, and receive whatever the court or detention through the writ of habeas corpus.353
judge awarding the writ shall consider in his behalf. (Aberca v. Ver, 160 SCRA 590)
(Bouvier’s Law Dictionary) (Hence, an essential
requisite for the availability of the writ is actual 4. General Limitations on the power to suspend
deprivation of personal liberty) (Simply put, a writ the privilege
of habeas corpus is a writ of liberty) 1. Time limit of 60 days
2. Review and possible revocation by Congress
Purpose. The great object of which is the liberation 3. Review and possible nullification by SC354
of those who may be in prison without sufficient
cause.351 5. To whom Applicable
To what Habeas Corpus extends. Except as
The suspension of the privilege of the writ shall
otherwise provided by law, the writ of habeas
apply only to persons judicially charged for
corpus shall extend to all cases of illegal
rebellion or offenses inherent in or directly
confinement or detention by which any person is
connected with invasion.
deprived of his liberty, or by which the rightful
custody of any person is withheld from the person
6. Effect on Applicable Persons
entitled thereto. (Rule 102, Section 1 or Rules of
COurtt)
During the suspension of the privilege of the writ, extension thereof, and must promulgate its
any person thus arrested or detained shall be decision thereon within thirty days from its filing.
judicially charged within three days, otherwise he
shall be released. (Article VI Section 18) E. Martial Law
Martial Law, Definition (Under the 1987 Constitution)
The suspension of the privilege of the writ does not Martial Law, Nature
impair the right to bail. (Article III Section 13) Proclamation of Martial Law
General Limits on the Power to Proclaim…
7. (Grounds) Factual Bases for Suspending the Effects of Proclamation of Martial Law
Privilege (1997 Bar Question) Grounds
1. In case of invasion or rebellion Duration
2. When the public safety requires it Four Ways to Lift the Suspension
Duty of the President
8. Duration. Role of Congress
Role of the Supreme Court (Open Court Doctrine)
Not to exceed sixty days, following which it shall be
lifted, unless extended by Congress. 1. Martial Law, Definition.
9. Four Ways to Lift the Suspension Martial law in its strict sense refers to that law
1. Lifting by the President himself which has application when civil authority calls
2. Revocation by Congress upon the military arm to aid it in its civil function.
3. Nullification by the Supreme Court Military arm does not supersede civil authority.
4. By operation of law after 60 days
Martial law in the Philippines is imposed by the
10. Duty of the President Executive as specifically authorized and within the
limits set by the Constitution.355
Within forty-eight hours from the proclamation of
martial law or the suspension of the privilege of the 2. Martial Law, Nature
writ of habeas corpus, the President shall submit a a. Essentially police power
report in person or in writing to the Congress. b. Scope of Martial Law: Flexible Concept
In case of invasion or rebellion, when the public Not to exceed sixty days, following which it shall be
safety requires it, [the President] may, for a period lifted, unless extended by Congress.
not exceeding sixty days, suspend the privilege of
the writ of habeas corpus or place the Philippines 8. Four Ways to Lift the Proclamation
or any part thereof under martial law. 1. Lifting by the President himself
2. Revocation by Congress
Q: Is PP 1017 actually a declaration of Martial 3. Nullification by the Supreme Court
law? 4. By operation of law after 60 days
A: No. It is merely an exercise of PGMA’s
calling-out power for the armed forces to assist 9. Duty of the President
her in preventing or suppressing lawless
violence. It cannot be used to justify act that Within forty-eight hours from the proclamation of
only under a valid of declaration of Martial Law martial law or the suspension of the privilege of the
can be done. (David v. [Ermita]) writ of habeas corpus, the President shall submit a
report in person or in writing to the Congress.
4. General Limitations on the power to proclaim
1. Time limit of 60 days 10. Role of Congress
2. Review and possible revocation by Congress a. Congress convenes
3. Review and possible nullification by SC356 b. Congress may either revoke or (with President’s
initiative) extend
5. Effects of Proclamation of Martial Law
Congress convenes. The Congress, if not in
A State of martial law does not: session, shall, within twenty-four hours following
1. Suspend the operation of the Constitution such proclamation or suspension, convene in
2. Supplant the functioning of the civil courts or accordance with its rules without need of a call.
legislative assemblies
3. Authorize the conferment of jurisdiction on Congress may revoke. The Congress, voting
military courts and agencies over where civil jointly, by a vote of at least a majority of all its
courts are able to function Members in regular or special session, may revoke
4. Automatically suspend the privilege of the writ. such proclamation or suspension, which revocation
(Section 18) shall not be set aside by the President.
Open Court Doctrine. Civilians cannot be Congress may extend. Upon the initiative of the
tried by military courts if the civil courts are President, the Congress may, in the same manner,
open and functioning. (Olaguer v. Military extend such proclamation or suspension for a
Commission) period to be determined by the Congress, if the
invasion or rebellion shall persist and public safety
The President can: (This is based on UP and Beda requires it.
2008 Bar Reviewers; But see excerpt from Bernas
Commentary) 11. Role of Supreme Court (2006 Bar Question)
1. Legislate
2. Order the arrest of people who obstruct the The Supreme Court may review, in an appropriate
war effort. proceeding filed by any citizen, the sufficiency of
the factual basis of the proclamation of martial law
Bernas Commentary: The statement that martial law does or the suspension of the privilege of the writ or the
not “supplant the functioning of …legislative assemblies” extension thereof, and must promulgate its
means that ordinary legislation continues to belong to the
legislative bodies even during martial law. Does this
decision thereon within thirty days from its filing.
mean that the martial law administrator is without
power to legislate? VIII. Power of Executive Clemency
A: In actual theater of war, the martial law administrator’s Power of Executive Clemency
word is law, within the limits of the Bill of Rights. But
Purpose for the Grant of Power
outside the theater of war, the operative law is ordinary
law. Forms of Executive Clemency
Constitutional Limits on Executive Clemency
6. Grounds; Factual Bases for the Proclamation Pardon
Amnesty
1. In case of invasion or rebellion
Administrative Penalties
2. When the public safety requires it
Other forms of Executive Clemency
356
Bernas Primer at 318 (2006 ed.)
387
383
See Bernas Commentary, p 899 (2003 ed). Bernas Commentary, p 901 (2003 ed).
388
384
Bernas Primer at 323 (2006 ed.) Sinco, Philippine Political Law, p 285 (1954ed).
389
385
Bernas Primer at 323 (2006 ed.) Sinco, Philippine Political Law, p 284 (1954ed).
386 390
Sinco, Philippine Political Law, p 284 (1954ed). Cruz, Philippine Political Law, p. 223 (1995 ed).
Because the Monetary Board has expertise and X. Foreign Affairs Power/Diplomatic Power
consistency to perform the mandate since such The President and Foreign Affairs Power
expertise or consistency may be absent among the Foreign Relations Powers of the President
Members of Congress.391 Source of Power
Concurrence by the Senate
4. Spouses Constantino v. Cuisia (2005) Treaties v. Executive Agreements
Q: The financing program for foreign loans Power to Deport
instituted by the President extinguished portions of Judicial Review
the country’s pre-existing loans through either debt
buyback or bond-conversion. The buy-back
approach essentially pre-terminated portions of A. The President and Foreign Affairs Powers
public debts while the bond conversion scheme As head of State, the President is supposed to the
extinguished public debts through the obtention of spokesman of the nation on external affairs.394 The
a new loan by virtue of a sovereign bond issuance, conduct of external affairs is executive
the proceeds of which in turn were used for altogether.395 He is the sole organ authorized “to
terminating the original loan. Petitioners contend speak or listen” for the nation in the broad field of
that buyback or bond conversion are not external affairs.396
authorized by Article VII, Section 20.
B. Foreign Relations Powers of the President
A: The language of the Constitution is simple and
clear as it is broad. It allows the President to 1. The power to negotiate treaties and
contract and guarantee foreign loans. It makes no international agreements;
prohibition on the issuance of certain kinds of loans 2. The power to appoint ambassadors and other
or distinctions as to which kinds of debt instruments public ministers, and consuls;
are more onerous than others. This Court may not 3. The power to receive ambassadors and other
ascribe to the Constitution the meanings and public ministers accredited to the Philippines;
restrictions that would unduly burden the powers of 4. The power to contract and guarantee foreign
the President. The plain, clear and unambiguous loans on behalf of the Republic;
language of the Constitution should be 5. The power to deport aliens.397
construed in a sense that will allow the full 6. The power to decide that a diplomatic officer
exercise of the power provided therein. It would who has become persona non grata be
be the worst kind of judicial legislation if the courts recalled.398
were to construe and change the meaning of the
organic act.392
7. The power to recognize governments and
withdraw recognition399
B. The Budget
406
Cruz, Philippine Political Law, p. 224 (1995 ed).
407
Bernas Primer at 329 (2006 ed.)
408
Bernas Commentary, p 912 (2003 ed).
409 410
Guingona v. Carague, 196 SCRA 221 (1991); Bernas Cruz, Philippine Political Law, p. 225 (1995 ed).
411
Commentary, p 912 (2003 ed). Cruz, Philippine Political Law, p. 226 (1995 ed).
412
Cruz, Philippine Political Law, p. 231 (1995 ed).
413
Cruz, Philippine Political Law, p. 229 (1995 ed).
Reason. Fiscal autonomy is granted to the conviction cannot be executed while in a state of
Supreme Court to strengthen its autonomy.414 The insanity] The suspension of death sentence is an
provision is intended to remove courts from the exercise of judicial power. It is not usurpation of the
mercy and caprice, not to say vindictiveness, of the presidential power of reprieve though the effect is
legislature when it considers the general the same- the temporary suspension of the
appropriations bill.415 execution of the death convict.” (Echegaray v. Sec.
of Justice, 1999)
II. Judicial Power The issuance of subsequent resolutions by the
Where Vested Court is simply an exercise of judicial power under
Definition Art. VIII of the Constitution, because the execution
Scope of the Decision is but an integral part of the
Intrinsic Limit on Judicial Power adjudicative function of the Court. It is clear that the
Grave Abuse of Discretion final judgment includes not only what appears upon
Role of Legislature in Judicial Process its face to have been so adjudged but also those
matters “actually and necessarily included therein
Section 1. The judicial power shall be vested in one
or necessary thereto.” Certainly, any activity that is
Supreme Court and in such lower courts as may be needed to fully implement a final judgment is
established by law. necessarily encompassed by said judgment.
Judicial power includes the duty of the courts of justice to (MMDA v. Concerned Citizens of Manila Bay, G. R.
settle actual controversies involving rights which are legally No. 171947, Feburary15, 2011.)
demandable and enforceable, and to determine whether or
not there has been a grave abuse of discretion amounting to D. Limit on Judicial Power
lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government. (1) Courts may not assume to perform
non-judicial functions.
(2) It is not the function of the judiciary to
A. Judicial Power Where Vested (1989 Bar Question)
give advisory opinion
(3) Judicial power must sometimes yield
Judicial power shall be vested in one Supreme to separation of powers, political questions and
Court and in such lower courts as may be enrolled bill rule.
established by law. (Section 1 par. 1)
1. By the principle of separation of powers, courts
B. Definition of Judicial Power (1994 Bar Question) may neither attempt to assume nor be
compelled to perform non-judicial functions.418
Traditional Concept: Judicial power includes the Thus, a court may not be required to act as a board
duty of the courts of justice to settle actual of arbitrators (Manila Electric Co. v. Pasay
controversies involving rights which are legally Transportation (1932). Nor may it be charged with
demandable and enforceable. (Section 1, 2nd administrative functions except when reasonably
sentence) incidental to the fulfillment of official duties.
(Noblejas v. Tehankee) Neither is it’s the function of
Broadened Concept: Duty to determine whether the judiciary to give advisory opinions.
[or not] there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the 2. Advisory Opinions.
party of any branch or instrumentality of the An advisory opinion is an opinion issued by a
Government. (Section 1, 2nd sentence) court that does not have the effect of resolving a
specific legal case, but merely advises on the
C. Scope of Judicial Power (1989 Bar Question) constitutionality or interpretation of a law.
Judicial power is the measure of the allowable The nature of judicial power is also the foundation
scope of judicial action.416 The use of the word of the principle that it is not the function of the
“includes” in Section 1 connotes that the provision judiciary to give advisory opinion.419 If the courts
is not intended to be an exhaustive list of what will concern itself with the making of advisory
judicial power is.417 opinions, there will be loss of judicial prestige.
There may be less than full respect for court
An accused who has been convicted by final decisions.
judgment still possesses collateral rights and these
rights can be claimed in the appropriate courts [e.g. Declaratory Judgment v. Advisory
death convict who becomes insane after his final Opinions.
414 Declaratory Advisory
Bernas Primer at 336 (2006 ed.) Judgment Opinions
415
Cruz, Philippine Political Law, p. 237 (1995 ed).
416 418
Bernas Commentary, p 914 (2003 ed). Bernas Commentary, p 916 (2003 ed).
417 419
Bernas Commentary, p 919 (2003 ed). Bernas Commentary, p 921 (2003 ed).
Involves real parties Response to a legal 2. Determining the court with jurisdiction to
with real conflicting issue posed in the
interests abstract in advance of
hear and decide controversies or disputes
any actual case in arising from legal rights.425
which it may be
presented Courts cannot exercise judicial power when there is
Judgment is a final Binds no one no applicable law. The Court has no authority to
one forever binding entertain an action for judicial declaration of
on the parties. citizenship because there was no law authorizing
A judicial act Not a judicial act420 such proceeding. (Channie Tan v. Republic, 107
Phil 632 (1960)) An award of honors to a student
3. The ‘broadened concept’ of judicial power is not by a board of teachers may not be reversed by a
meant to do away with the political questions court where the awards are governed by no
doctrine itself. The concept must sometimes yield applicable law. (Santiago Jr. v. Bautista) Nor may
to separation of powers, to the doctrine on courts reverse the award of a board of judges in an
“political questions” or to the “enrolled bill” oratorical contest. (Felipe v. Leuterio, 91 Phil 482
rule.421 (1952)).426
Not every abuse of discretion can be the occasion Section 2. The Congress shall have the power to define,
prescribe, and apportion the jurisdiction of the various courts
for the Court to come in by virtue of the second but may not deprive the Supreme Court of its jurisdiction
sentence of Section 1. It must be “grave abuse of over cases enumerated in Section 5 hereof.
discretion amounting to lack or excess of No law shall be passed reorganizing the Judiciary when it
jurisdiction.”422 under-mines the security of tenure of its Members.
Again, the ‘broadened concept’ of judicial power is It is not only the (1) power to determine, but the
not meant to do away with the political questions (2) power to enforce its determination.
doctrine itself. The concept must sometimes yield The (3) power to control the execution of its
to separation of powers, to the doctrine on “political decision is an essential aspect of jurisdiction
questions” or to the “enrolled bill” rule.423 (1995 Bar (Echegaray . Sec. of Justice, 301 SCRA 96)
Question)
C. Role of Congress
Rule 65 embodies the Grave Abuse Clause.424
Power. The Congress shall have the power to
F. Role of Legislature in Judicial Process define, prescribe, and apportion the jurisdiction of
the various courts. (Section 2)
Although judicial power is vested in the judiciary,
the proper exercise of such power requires prior Limitations:
legislative action: 1. Congress may not deprive the Supreme
1. Defining such enforceable and
Court of its jurisdiction over cases
demandable rights; and
enumerated in Section 5. ( art. 8 §2)
2. No law shall be passed reorganizing the
Judiciary when it under-mines the security
420
of tenure of its Members. ( art. 8 §2)
Bernas Commentary, p 924 (2003 ed). 3. The appellate jurisdiction of the Supreme
421
See Bernas Commentary, p 919-920 (2003 ed). Court may not be increased by law except
422
Bernas Commentary, p 920 (2003 ed).
423 425
See Bernas Commentary, p 919-920 (2003 ed). Bernas Primer at 335 (2006 ed.)
424 426
Annotation to the Writ of Amparo. Bernas Primer at 335 (2006 ed.)
upon its advice and concurrence. (art. 6 § By so fixing the number of members of the
30) Supreme Court at [fifteen], it seems logical to infer
that no statute may validly increase or decrease
* Jurisdiction in Section 2 refers to jurisdiction over it.428
cases [jurisdiction over the subject matter].427
Collegiate Court. The primary purpose of a
IV. The Supreme Court collegiate court is precisely to provide for the most
Nature exhaustive deliberation before a conclusion is
Composition reached.429
Qualifications
Judicial and Bar Council C. Qualifications
Appointment
Salaries Section 7. (1) No person shall be appointed Member of
Tenure the Supreme Court or any lower collegiate court unless
he is a natural-born citizen of the Philippines. A Member
Removal
of the Supreme Court must be at least forty years of age,
Prohibition and must have been for fifteen years or more a judge of a
lower court or engaged in the practice of law in the
A. Nature Philippines.
(2) The Congress shall prescribe the qualifications of
The [Supreme] Court is a court of law. Its primary judges of lower courts, but no person may be appointed
task is to resolve and decide cases and issues judge thereof unless he is a citizen of the Philippines and
a member of the Philippine Bar.
presented by litigants according to law. However, it
(3) A Member of the Judiciary must be a person of proven
may apply equity where the court is unable to competence, integrity, probity, and independence.
arrive at a conclusion or judgment strictly on the
basis of law due to a gap, silence, obscurity or
Qualifications of a Member of the Supreme
vagueness of the law that the Court can still
Court:
legitimately remedy, and the special circumstances
1. Must be a natural born citizen of the
of the case. (Rule 3, Section 1 of 2010 SC Internal
Philippines
Rules)
2. Must at least be 40 years of age;
3. Must have been for 15 years or more a judge
Concept of Precedence in the Supreme Court
of a lower court or engaged in the practice of
The Chief Justice enjoys precedence over all the
law in the Philippines; and
other Members of the Court in all official functions.
4. A person of proven competence, integrity,
The Associate Justices shall have precedence
probity, and independence.
according to the order of their appointments as
officially transmitted to the Supreme Court.
Congress may not alter the qualifications of
Members of the Supreme Court and the
The rule on precedence shall be applied in the
constitutional qualifications of other members of the
following instances:
Judiciary. But Congress may alter the statutory
(a) in the determination of the Chairpersonship of
qualifications of judges and justices of lower
the Division;
courts.430
(b) in the seating arrangement of the Justices in
all official functions; and
It behooves every prospective appointee to the
(c) in the choice of office space, facilities,
Judiciary to apprise the appointing authority of
equipment, transportation, and cottages.
every matter bearing on his fitness for judicial
office, including such circumstances as may reflect
on his integrity and probity. Thus the fact that a
B. Composition
prospective judge failed to disclose that he had
been administratively charged and dismissed from
Section 4. (1) The Supreme Court shall be composed of the service for grave misconduct by a former
a Chief Justice and fourteen Associate Justices. It may sit President of the Philippines was used against him.
en banc or in its discretion, in division of three, five, or
seven Members. Any vacancy shall be filled within ninety It did not matter that he had resigned from office
days from the occurrence thereof. and that the administrative case against him had
become moot and academic.431
Similary, before one who is offered an appointment
Composition of the Supreme Court: Fifteen (15). to the Supreme Court can accept it, he must
1 Chief Justice and 14 Associate Justices. 428
Sinco, Philippine Political Law, p 318 (1954ed).
429
Cruz, Philippine Political Law, p. 268 (1995 ed).
430
Bernas Primer at 356 (2006 ed.)
427 431
Cruz, Philippine Political Law, p. 2333 (1995 ed). In re JBC v. Judge Quitain, JBC No. 013, August 22, 2007.
correct the entry in his birth certificate that he is an exercise such other functions and duties as the Supreme
alien.432 Court may assign to it.
432
Kilosbayan v. Ermita, G.R. No. 177721, July 3, 2007. This was 433
Bernas Primer at 356 (2006 ed.)
the case of Justice Gregory Ong of the Sandiganbayanwho was being 434
promoted to the Supreme court. Ong, however, remains in the Bernas Commentary, p 984 (2003 ed).
435
Sandiganbayan. Bernas Primer at 357 (2006 ed.)
The process of preparing and submitting a list of Judges may not be appointed in an acting capacity
nominees is an arduous and time-consuming task or temporary capacity.438 It should be noted that
that cannot be done overnight. It is a six-step what the Constitution authorizes the President to
process lined with standards requiring the JBC to do is to appoint Justices and judges and not the
attract the best available candidates, to examine authority merely to designate a non-member of
and investigate them, to exhibit transparency in all the Supreme Court temporarily to sit as Justice of
its actions while ensuring that these actions Supreme Court.439
conform to constitutional and statutory standards
(such as the election ban on appointments), to ASM: Do you know that when there is a vacancy in
submit the required list of nominees on time, and to the Supreme Court, the remaining members of the
ensure as well that all these acts are politically Tribunal vote and make a recommendation to the
neutral. On the time element, the JBC list for the Judicial and Bar Council.
Supreme Court has to be submitted on or before
the vacancy occurs given the 90-day deadline that F. Salaries
the appointing President is given in making the
appointment. The list will be submitted, not to Section 10. The salary of the Chief Justice and of the
the President as an outgoing President, nor to Associate Justices of the Supreme Court, and of judges
the election winner as an incoming President, of lower courts shall be fixed by law. During their
but to the President of the Philippines whoever continuance in office, their salary shall not be decreased.
he or she may be. If the incumbent President
does not act on the JBC list within the time left in The prohibition of the diminution of the salary of
her term, the same list shall be available to the Justices and judges during their continuance in
new President for him to act upon. In all these, the office is intended as a protection for the
Supreme Court bears the burden of overseeing independence of the judiciary.440
that the JBC’s duty is done, unerringly and with
utmost dispatch; the Court cannot undertake this The clear intent of the Constitutional Commission
supervision in a manner consistent with the was to subject the salary of the judges and justices
Constitution’s expectation from the JBC unless it to income tax. (Nitafan v. CIR, 1987)
adopts a pro-active stance within the limits of its
supervisory authority. (J Brion’s Concurring and G. Tenure
Dissenting Opinion in De Castro v. JBC)
Section 11. The Members of the Supreme Court and
judges of lower courts shall hold office during good
E. Appointment behavior until they reach the age of seventy years or
become incapacitated to discharge the duties of their
Section 9. The Members of the Supreme Court and office. The Supreme Court en banc shall have the power
judges of lower courts shall be appointed by the President of discipline judges of lower courts, or order their
from a list of at least three nominees prepared by the dismissal by a vote of a majority of the Members who
Judicial and Bar Council for every vacancy. Such actually took part in the deliberations on the issues in the
appointments need no confirmation. case and voted thereon.
For the lower courts, the President shall issue the
appointments within ninety days from the submission of Security of Tenure is essential to an independent
the list. judiciary.
For every vacancy, the Judicial and Bar Council The Supreme Court may investigate or discipline its
submits to the President a list of at least three own members.
names. The President may not appoint anybody
who is not in the list. If the President is not satisfied Bar Matter No. 979, In Re: 1999 Bar Examinations: A
with the list, he may ask for another list.436 justice was censure for failing to disclose on time his
relationship to an examinee and for breach of duty and
Why at least 3? The reason for requiring at least conifence. 50% of the fees due the Justice as a former
three nominees for every vacancy is to give the chairman was forfeited.
President enough leeway in the exercise of his
discretion when he makes his appointment. If the IN RE: UNDATED LETTER OF MR. LOUIS C.
nominee were limited to only one, the appointment BIRAOGO A.M. No. 09-2-19-SC: Justice Reyes was
would in effect be made by the Judicial and Bar liable for Grave Misconduct for leaking a confidential
Council, with the President performing only the internal document and was fined 500,000.00 and was
mathematical act of formalizing the commission.437 disqualified from holding any office or employment in
438
Cruz, Philippine Political Law, p. 237 (1995 ed).
436 439
Bernas Commentary, p 985 (2003 ed). Bernas Commentary, p 985 (2003 ed).
437 440
Cruz, Philippine Political Law, p. 234 (1995 ed). Bernas Commentary, p 986 (2003 ed).
Final Judgments of lower courts. It should be Section 5(3). The Supreme Court has the power to
noted that the appeals allowed in this section are assign temporarily judges of lower courts to other
from final judgments and decrees only of “lower stations as public interest may require. Such
courts” or judicial tribunals. Administrative temporary assignment shall not exceed six months
decisions are not included.446 without the consent of the judge concerned.
The lower courts have competence to decide Rationale of the Provision. The present rule
constitutional questions. Section 5(2)(a) provides bolsters the independence of the judiciary in so far
that Supreme Court has appellate jurisdiction over as it vests the power to temporarily assign judges
“final judgments and orders all cases in which the of inferior courts directly in the Supreme Court and
constitutionality or validity of any treaty, no longer in the executive authorities and
international or executive agreement, law, conditions the validity of any such assignment in
presidential decree, proclamation, order, excess of six months upon the consent of the
instruction, ordinance or regulation is in question.” transferred judge. This will minimize if not
altogether eliminate the pernicious practice of the
Review of Death Penalty. Section 5 requires a rigodon de jeuces, or the transfer of judges at will
mandatory review by the Supreme Court of cases to suit the motivations of the chief executive.449
where the penalty imposed is reclusion perpetua,
life imprisonment, or death. However, the Purpose of Transfer. Temporary assignments may
Constitution has not proscribed an intermediate be justified to arrange for judges with clogged
review. To ensure utmost circumspection before dockets to be assisted by their less busy
the penalty of death, reclusion perpetua or life colleagues, or to provide for the replacement of the
imprisonment is imposed, the Rule now is that such regular judge who may not be expected to be
cases must be reviewed by the Court of Appeals impartial in the decision of particular cases.450
before they are elevated to the Supreme Court.447
Note, however, that the rule for the review of Permanent Transfer. Since transfer imports
decisions of lower courts imposing death or removal from one office and since a judge enjoys
reclusion perpetua or life imprisonment are not the security of tenure, it cannot be effected without the
same. In case the sentence is death, there is consent of the judge concerned.451
automatic review by the Court of Appeals and
ultimately by the Supreme Court. This is F. Change of Venue or Place of Trial
mandatory and neither the accused nor the courts
may waive the right of appeal. In the case of the Section 5(4). The Supreme Court has the power to
sentence of reclusion perpetua or life order a change of venue or place of trial to avoid a
imprisonment, however, although the Supreme miscarriage of justice.
Court has jurisdiction to review them, the review is
not mandatory. Therefore review in this later cases This power is deemed to be an incidental and
may be waived and appeal may be withdrawn.448 inherent power of the Court. (See People v.
Gutierrez, 36 SCRA 172 (1970))
In Republic v. Sandiganbayan, 2002, it was held
that the appellate jurisdiction of the Supreme Court G. Rule Making Power
over decisions and final orders of the Power to Promulgate Rules
Sandiganbayan is limited to questions of law. A Limits on the Rule Making Power
question of law exists when the doubt or Nature and Function of Rule Making Power
controversy concerns the correct application of law Test to Determin Whether Rules are Substantive
or jurisprudence to a certain set of facts; or when Rules Concerning Protection of Constitutional Rights
the issue does not call for an examination of the Admission to the Practice of Law
probative value of the evidence presented, the Integration of the Bar
truth or falsehood of facts being admitted. Congress and the Rules of Court
445
Cruz, Philippine Political Law, p. 255 (1995 ed).
446
Cruz, Philippine Political Law, p. 256 (1995 ed). 449
447 Cruz, Philippine Political Law, p. 259 (1995 ed).
People v. Mateo, G.R. No. 147678-87. July 7, 2004; People v. 450
Lagua, G.R. No. 170565, January 31, 2006. Cruz, Philippine Political Law, p. 259 (1995 ed).
448 451
People v. Rocha and Ramos, G.R. No. 173797, August 31, 2007. Bernas Commentary, p 967(2003 ed).
The period before December 1, 2000 should be grounds to quash, this rule cannot apply to
excluded in the computation of the two-year prescription. Prescription extinguishes criminal
period, because the rule prescribing it was not liability. To apply the said rule will contravene
yet in effect at that time and the State could not Article 89 of the Revised Penal Code which is
be expected to comply with it. 452 substantive. The rules promulgated by the
Supreme Court must not diminish, increase or
Illustrative cases where the rule deals with modify substantive rights.455
substantive matter:
Zaldivia v. Reyes, 211 SCRA 277
PNB v. Asuncion, 80 SCRA 321 Facts:
Facts: Petitioner filed a collection case against On May 30, 1990, a complaint was filed with the
several solidary debtors. One of them died provincial prosecutor against petitioner for
during the pendency of the case. The court violating an ordinance by quarrying without a
dismissed the case against all the defendants on mayor’s permit. The information was filed in court
the ground that the petitioner should file a claim on October 2, 1990. Petitioner moved to quash
in the estate proceedings. Petitioner argued that on the ground that under Act 3326, violations of
the dismissal should be confined to the municipal ordinances prescribe in two months
defendant who died. and the prescriptive period is suspended only
Held: Article 1216 of the Civil Code gives the upon the institution of judicial proceedings. The
creditor the right to proceed against anyone of prosecution argued that under Section 1, Rule
the solidary debtors or some or all of them 110 of the Rules on Criminal Procedure, the filing
simultaneously. Hence, in case of the death of of a case for preliminary investigation interrupts
one of them, the creditor may proceed against the prescriptive period.
the surviving debtors. The Rules of Court cannot Held: If there is a conflict between Act No. 3326
be interpreted to mean that the creditor has no and Rule 110 of the Rules on Criminal
choice but to file a claim in the estate of the Procedure, the former must prevail. Prescription
deceased. Such construction will result in the in criminal cases is a substantive right.456
diminution of the substantive rights granted by
the Civil Code.453 Illustrative case where retroactive application
of a ruling will affect substantive right:
Santero v. CFI, 153 SCRA 728
Facts: During the pendency of the proceeding LBP v. De Leon, 399 SCRA 376
for the settlement of the estate of the deceased, Facts: The Supreme Court ruled that in
respondents, who were children of the deceased, accordance with Section 60 of the
filed a motion asking for an allowance for their Comprehensive Agrarian Reform Law, appeals
support. Petitioners, who were children of the from the Special Agrarian Courts should be
deceased with another woman, opposed on the made by filing a petition for review instead of
grounds that petitioners were already of majority merely filing a notice of appeal. Petitioner filed a
age and under Section 3 of Rule 83, the motion for reconsideration, in which it prayed that
allowance could be granted only to minor the ruling be applied prospectively.
children. Held: Before the case reached the Supreme
Held: Article 188 of the Civil Code grants Court, petitioner had no authoritative guideline
children the right to support even beyond the age on how to appeal decision of Special Agrarian
of majority. Hence, the respondent were entitled Courts in the light of seemingly conflicting
to the allowance. Since, the right to support provisions of Section 60 and 61 of the
granted by the Civil Code is substantive, it Comprehensive Agrarian Reform Law, because
cannot be impaired by Section 3, Rule 83 of the Section 61 provided that review shall be
Rules of Court.454 governed by the Rules of Court. The Court of
Appeals had rendered conflicting decisions on
Damasco v. Laqui, 166 SCRA 214 this precise issue. Hence, the decision of the
Facts: Petitioner was charged with grave Supreme Court should be applied prospectively
threats. The trial court convicted him of light because it affects substantive right. If the ruling
threats. Petitioner moved for reconsideration is given retroactive application, it will prejudice
because the crime of which he was convicted the right of appeal of petitioner because its
had already prescribed when the information was pending appeals in the Court of Appeals will be
filed. dismissed on a mere technicality thereby,
Held: While an accused who fails to move to sacrificing their substantial merits.457
quash is deemed to waive all objection which are
452 455
Jacinto Jimenez, Political Law Compendium 344 (2006 ed.) Jacinto Jimenez, Political Law Compendium, 343 (2006 ed.)
453 456
Jacinto Jimenez, Political Law Compendium, 342 (2006 ed.) Jacinto Jimenez, Political Law Compendium, 343 (2006 ed.)
454 457
Jacinto Jimenez, Political Law Compendium, 343 (2006 ed.) Jacinto Jimenez, Political Law Compendium, 345 (2006 ed.)
5. Rules Concerning the protection and See Internal Rules of the Surpeme Court A.M.
enforcement of constitutional rights; Rules 10-4-20-SC
Concerning pleading, practice and procedure in
courts
In Re: Request for Creation of Special Division,
A.M. No. 02-1-07-SC (2002): It was held that it is
Power to Make Rules; Writ of Amparo. within the competence of the Supreme Court, in the
The Rules on the Writ of Amparo is promulgated by exercise of its power to promulgate rules governing
the Court based on its power to promulgate rules the enforcement and protection of constitutional
for the protection and enforcement of constitutional rights and rules governing pleading, practice and
rights. In light of the prevalence of extra legal killing procedure in all courts, to create a Special Division
and enforced disappearances, the Supreme Court in the Sandiganbayan which will hear and decide
resolved to exercise for the first time its power to the plunder case of Joseph Estrada.
promulgate rules to protect our people’s
constitutional rights. Regulation of Demonstrations
Facts: Petitioner applied for a permit to hold a rally
Writ of Amparo (1991 Bar Question) in from of the Justice Hall to protest the delay in the
a. Etymology. “Amparo” comes from disposition of the cases of his clients. The mayor
Spanish verb “amparar” meaning “to protect. refused to issue the permit on the ground that it
was prohibited by the Resolution of the Supreme
b. Nature: A writ to protect right to life, liberty Court dated July 7, 1998, which prohibited rallies
and security of persons. within two hundred meters of any court building.
Petitioners argued that the Resolution amended
c. Section 1 of The Rule on the Writ of the Public Assembly Act in violation of the
Amparo: “The petition for a writ of amparo is a separation of powers.
remedy available to any person whose right to Held: The existence of the Public Assembly Act
life, liberty and security is violated or does not preclude the Supreme Court from
threatened with violation by unlawful act or promulgating rules regulating the conduct of
omission of a public official or employee, or of demonstration in the vicinity of courts to assure the
a private individual or entity. The writ shall people of an impartial and orderly administration of
cover extralegal killings and enforced justice as mandate by the Constitution. (In re
disappearances or threats thereof.” (Note that Valmonte, 296 SCRA xi)
not all constitutional rights are covered by this
Rule; only right to life, liberty and security) Requirement of International Agreement
Facts: The Philippines signed the Agreement
Writ of Habeas Data. The writ of habeas data is a establishing the World Trade Organization. The
remedy available to any person whose right to Senate passed a resolution concurring in its
privacy in life, liberty or security is violated or ratification by the President.
threatened by an unlawful act or omission of a Petitioners argued that Article 34 of the General
public official or employee, or of a private individual Provisions and Basic Principles of the Agreement
or entity engaged in the gathering, collecting or on Trade-Related Aspects of Intellectual Property
storing of data or information regarding the person, Rights is unconstitutional. Article 34 requires
family, home and correspondence of the aggrieved members to create a disputable presumption in
party. (Section 1, The Rule on the Habeas Data) civil proceedings that a product shown to be
identical to one produced with the use of a
Writ of Kalikasan. The writ is a remedy available patented process shall be deemed to have been
to a natural or juridical person, entity authorized obtained by illegal use of the patented process if
by law, people’s organization, non-governmental the product obtained by the patented process is
organization, or any public interest group new or there is a substantial likelihood that the
accredited by or registered with any government identical product was made with the use of the
agency, on behalf of persons whose patented process but the owner of the patent could
constitutional right to a balanced and healthful not determine the exact process used in obtaining
ecology is violated, or threatened with violation the identical product. Petitioners argued that this
by an unlawful act or omission of a public official or impaired the rule-making power of the Supreme
employee, or private individual or entity, involving Court.
environmental damage of such magnitude as to Held: Article 34 should present no problem.
prejudice the life, health or property of inhabitants Section 60 of the Patent Law provides a similar
in two or more cities or provinces. (Rule 7, Rule of presumption in cases of infringement of a patented
Procedure in Environmental Cases) design or utility model. Article 34 does not contain
an unreasonable burden as it is consistent with due
process and the adversarial system. Since the
Philippines is signatory to most international
conventions on patents, trademarks and
copyrights, the adjustment in the rules of intemperate and highly improper speech made on
procedure will not be substantial. (Tanada v. the senate floor?
Angara, 272 SCRA 18)458
Held: No. A lawyer-senator who has crossed the
Power to Suspend Its Own Rules. Section 5(5) of limits of decency and good professional conduct by
the Constitution gives this Court the power to giving statements which were intemperate and
"[p]romulgate rules concerning the protection and highly improper in substance may not be disbarred
enforcement of constitutional rights, pleading, or be imposed with disciplinary sanctions by the
practice and procedure in all courts." This includes Supreme Court.
an inherent power to suspend its own rules in
particular cases in order to do justice.459 It is true that parliamentary immunity must not be
allowed to be used as a vehicle to ridicule,
6. Admission to the Practice of Law demean, and destroy the reputation of the Court
Rule on Conduct of Officials. Section 90 of the and its magistrates, nor as armor for personal
Local Government Code which prohibits lawyers wrath and disgust. However, courts do not interfere
who are members of a local legislative body to with the legislature or its members in the manner
practice law is not an infringement on the power of they perform their functions in the legislative floor
the Court to provide for rules for the practice of law. or in committee rooms. Any claim of an unworthy
The law must be seen not as a rule on practice of purpose or of the falsity and mala fides of the
law but as a rule on the conduct of officials statement uttered by the member of the Congress
intended to prevent conflict of interest. (Javellana v. does not destroy the privilege. The disciplinary
DILG, 1992) authority of the assembly and the voters, not the
courts, can properly discourage or correct such
Bar Flunkers Act. After the Supreme Court has abuses committed in the name of parliamentary
declared candidates for the bar as having flunked immunity. (Pobre v. Defensor-Santiago, 2009)
the examinations, Congress may not pass a law
lowering the passing mark and declaring the same (See Estrada v. Sandiganbayan, GR No. 159486:
candidates as having passed. This would amount Suspension of Atty. Allan Paguia)
to not just amending the rules but reversing the
Court’s application of an existing rule. (In re 7. Integration of the Bar
Cunanan , 94 phil 534 (1954)) a. Bar - refers to the collectivity of all persons
whose names appear in the Roll of Attorneys.
Nullification of Bar Results. In 2003, the Court
nullified the results of the exams on Commercial b. Integration of the Philippine Bar - means the
Law when it was discovered that the Bar questions official unification of the entire lawyer population of
had been leaked. (Bar matter No. 1222, 2004) the Philippines. This requires membership and
financial support (in reasonable amount) of every
Parliamentary Freedom of Speech v SC’s Power attorney as conditions sine qua non to the practice
to Discipline of law and the retention of his name in the Roll of
Facts: Senator Miriam Defensor-Santiago made Attorneys of the Supreme Court. (In re Integration
this speech on the Senate floor. “x x x I am not of the Bar of the Philippines)
angry. I am irate. I am foaming in the mouth. I am
homicidal. I am suicidal. I am humiliated, debased, c. Purpose of an integrated Bar, in general are:
degraded. And I am not only that, I feel like 1. Assist in the administration of justice;
throwing up to be living my middle years in a 2. Foster and maintain, on the part of its
country of this nature. I am nauseated. I spit on the members, high ideals of integrity, learning,
professional competence, public service and
face of Chief Justice Artemio Panganiban and his
conduct;
cohorts in the Supreme Court, I am no longer 3. Safeguard the professional interests of its
interested in the position [of Chief Justice] if I was members;
to be surrounded by idiots. I would rather be in 4. Cultivate among its members a spirit of
another environment but not in the Supreme Court cordiality and brotherhood;
of idiots x x x. “ Pobre asks that disbarment 5. Provide a forum for the discussion of law,
proceedings or other disciplinary actions be taken jurisprudence, law reform, pleading, practice,
against the lady senator. and procedure, and the relation of the Bar to
the Bench and to the public, and public relation
relating thereto;
Issue: May Senator Santiago be disbarred or be 6. Encourage and foster legal education;
imposed with disciplinary sanction for her 7. Promote a continuing program of legal research
in substantive and adjective law, and make
reports and recommendations thereon; and
458 8. Enable the Bar to discharge its public
Jacinto Jimenez, Political Law Compendium, 347 (2006 ed.)
459 responsibility effectively (In re Integration of the
Lim et al v CA, G.R. No. 149748, November 16, Bar of the Philippines)
2006.
462
460 Bernas Commentary, p 979 (2003 ed).
Letter of Atty. Cecilio Y. Arevalo, Requesting Exemptions from 463
Payment of IBP Dues, May 9, 2005. Bernas Commentary, p 979 (2003 ed).
461 464
Bernas Primer at 352 (2006 ed.) Cruz, Philippine Political Law, p. 264 (1995 ed).
Besides removal, such other disciplinary measures The purpose of this provision is not to subject the
as suspension, fine and reprimand can be meted Court to the President and to the Congress but
out by the Supreme Court on erring judges.467 simply to enable the judiciary to inform government
about its needs. (I RECORD 510-512)472
3. Requirement for Disciplinary Actions
Disciplinary Action Decision The annual report required under this provision can
be the basis of appropriate legislation and
Dismissal of judges, Decision en banc (by
Disbarment of a a vote of a majority of government policies intended to improve the
administration of justice and strengthen the
lawyer, suspension the members who
of either for more actually took part in independence of judiciary.473
than 1 year or a fine the deliberations on
exceeding 10,000 the issues in the case VI. Judicial Review
pesos (People v. and voted thereon) Definition of Judicial Review
Gacott)] Constitutional Supremacy
Actual Case or controversy involves a conflict When Not Ripe. A claim is not ripe for
of legal rights, an assertion of opposite legal adjudication if it rests upon contingent future
claims susceptible of judicial determination.481 events that may not occur as anticipated, or
indeed may not occur at all.485
The case must not be:
1. Moot or academic or Ripeness and Standing.
2. Based on extra-legal or other similar A simple description of the requirements of
consideration not cognizable by standing and ripeness is found in the words of
courts of justice.482 Justice Stone in Nashville v. Wallace. In that
3. A request for advisory opinion.483 opinion he referred to: “valuable legal rights…
4. Hypothetical or feigned constitutional threatened with imminent invasion.” The
problems valuable legal rights constitute the standing
5. Friendly suits collusively arranged and the threat of imminent invasion
between parties without real adverse constitute the ripeness.486
interests484
2. Standing/Proper Party (1992, 1995 Bar
Moot Case. A moot case is one that ceases to Question)
present a justiciable controversy by virtue of Proper Party- A proper party is one who has
supervening events, so that a declaration sustained or is in immediate danger of
thereon would be of no practical use or value. sustaining an injury in result of the act
Generally, courts decline jurisdiction over such complained of.487
case or dismiss it on ground of mootness.
Locus Standi refers to the right of
However, Courts will decide cases, otherwise appearance in a court of justice on a given
moot and academic, if: question. (Black)
1. There is a grave violation of the
Constitution; General Rule:
2. The exceptional character of the Direct Interest Test: The persons who
situation and the paramount public impugn the validity of a statute must have a
interest is involved ”personal and substantial interest in the case
3. When the constitutional issue raised such that he has sustained or will sustain,
requires formulation of controlling direct injury as a result.
principles to guide the bench, the bar, and Exceptions:
the public; and 1. Cases of transcendental importance
4. The case is capable of repetition yet or of paramount public interest or
evading review. (Province of Batangas vs. involving an issue of overarching
Romulo, 429 SCRA 736; David v. Arroyo significance.
(2006) Quizon v. Comelec, G.R. No. 2. Cases of Proclamation of martial law
177927, February 15, 2008; Province of and suspension of the privilege of the
North Cotabato v GRP) writ of habeas corpus where any
citizen may challenge the
The requirement of actual controversy proclamation of suspension. (art.7
encompasses concepts such as ripeness, §18)
standing, and the prohibition against advisory 3. The right to information on matters of
judicial rulings (BP Chemicals v. UCC, 4 F.3d public concern and the right to access
975) to public documents has been
recognized as accruing to mere
Ripeness Doctrine. The requirement that a citizenship. (Legaspi v. CSC, 150
case be ripe for judgment before a court will SCRA 530 (1987)
decide the controversy. Ripeness refers to 4. Facial Challenge (?)
readiness for adjudication,
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
481
Cruz, Philippine Political Law, p. 241 (1995 ed).
482
Cruz, Philippine Political Law, p. 241 (1995 ed); See Cawaling v. 485
Texas v. United States, 523 U.S. 296, 300 (1998).
COMELEC, 368 SCRA 453) 486
483
Jerre S. Williams, Constitutional Analysis 16, (1979).
Cruz, Philippine Political Law, p. 242 (1995 ed). 487
Ex Parte Levitt, 303 US 633; People v. Vera 65 Phil 58, 89
484
Bernas Commentary, p 938(2003 ed). (1937).
taxpayers, and artist, filed a petition to restrain the (3) the lack of any other party with a more
auction. direct and specific interest in raising the
Held: Petitioners have no standing to restrain the question. (Francisco vs. House of
public auction. The paintings were donated by
Representatives, 415 SCRA 44; Senate v.
private persons to the MMA who owns them. The
pieces of silverware were given to the Marcos Ermita G.R. No. 169777 (2006))
couple as gifts on their silver wedding anniversary.
Since the petitioners are not the owners of the Facial Challenge494.
paintings and the silverware, they do not possess The established rule is that a party can
any right to question their dispositions. (Joya v. question the validity of a statute only if, as
PCGG, 225 SCRA 586)491 applied to him, it is unconstitutional. The
exception is the so-called “facial challenge.”
Facts: Petitioner filed a petition in his capacity as a
But the only time a facial challenge to a statute
taxpayer questioning the constitutionality of the
creation of 70 positions for presidential advisers on is allowed is when it operates in the area of
the ground that the President did not have the power freedom of expression. In such instance, the
to create these positions. “overbreadth doctrine” permits a party to
Held: Petitioner has not proven that he has challenge to a statute even though, as applied
sustained any injury as a result of the appointment to him, it is not unconstitutional, but it might be
of the presidential advisers. (Gonzales v. Narvasa, if applied to others not before the Court whose
337 SCRA 437)492 activities are constitutionally protected.
Invalidation of the statute “on its face”, rather
Facts: In view of the increase in violent crimes in
Metropolitan Manila, the President ordered the PNP than “as applied”, is permitted in the interest of
and the Philippine Marines to conduct joint visibility preventing a “chilling effect” on freedom of
patrols for the purpose of crime prevention and expression (Justice Mendoza’s concurring
suppression. Invoking its responsibility to uphold the opinion in Cruz v. DENR, G.R. No. 135395,
rule of law, the Integrated Bar of the Philippines December 06, 2000) A facial challenge to a
questioned the validity of the order. legislative act is the most difficult challenge to
Held: the mere invocation of the IBP of the mount successfully since the challenge must
Philippines of its duty to preserve the rule of law is
establish that no set of circumstances exists
not sufficient to clothe it with standing in this case.
This is too general an interest which is shared by the under which the act would be valid. (Estrada v.
whole citizenry. The IBP has not shown any specific Sandiganbayan, G.R. No. 148560, November
injury it has suffered or may suffer by virtue of the 19, 2001)495
questioned order. The IBP projects as injurious the
militarization of law enforcement which might xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
threaten democratic institutions. The presumed
injury is highly speculative. (IBP v. Zamora, 338 Bernas: In sum, it may be said that the
SCRA 81)493
concept of locus standi as it exists in Philippine
jurisprudence now has departed from the
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
rigorous American concept.496
Transcendental Importance Being a mere
3. Earliest Opportunity
procedural technicality, the requirement of
locus standi may be waived by the Court in the
exercise of its discretion. Thus, the Court has General Rule: Constitutional question must be
adopted a rule that even where the petitioners raised at the earliest possible opportunity, such
have failed to show direct injury, they have that if it is not raised in the pleadings, it cannot
been allowed to sue under the principle of be considered at the trial, and, if not
"transcendental importance." [David v. considered in trial, cannot be considered on
Arroyo G.R. No. 171396 (2006)] appeal.
Facts: On June 2, 2003, former President Joseph Constitution in the exercise of its functions. (Francisco v.
Estrada filed an impeachment cases against the Chief House of Representatives, 415 SCRA 44)
Justice and seven Associate Justices of the Supreme x-----x
Court . The complaint was endorsed by three Respondents are also of the view that judicial review of
congressmen and referred to the Committee on Justice of impeachments undermines their finality and may also
the House of Representatives. On October 22, 2003, the lead to conflicts between Congress and the judiciary.
Committee on Justice voted to dismiss the complaint for Thus, they call upon this Court to exercise judicial
being insufficient in substance. The Committee on Justice statesmanship on the principle that "whenever possible,
had not yet submitted its report to the House of the Court should defer to the judgment of the people
Representatives. expressed legislatively, recognizing full well the perils of
On October 23, 2003, two congressmen filed a complaint judicial willfulness and pride
a complaint for impeachment against the Chief Justice in Held: “Did not the people also express their will when
connection with the disbursement against the Chief they instituted the safeguards in the Constitution? This
Justice in connection with the disbursement of the shows that the Constitution did not intend to leave the
Judiciary Development Fund. The complaint was matter of impeachment to the sole discretion of Congress.
accompanied by a resolution of Instead, it provided for certain well-defined limits, or in the
endorsement/impeachment was accompanied by a language of Baker v. Carr,57 "judicially discoverable
resolution of endorsement/impeachment signed by at standards" for determining the validity of the exercise of
least one-third of the congressmen. such discretion, through the power of judicial review.”
Several petitions were filed to prevent further proceedings
tin the impeachment case on the ground that the G. Effect of Declaration of Unconstitutionality
Constitution prohibits the initiation of an impeachment
proceeding against the same official more than once the
same period of one year. Petitioners plead for the SC Orthodox View: An unconstitutional act is not a
to exercise the power of judicial review to determine law; it confers no rights; it imposes no duties; it
the validity of the second impeachment complaint. affords no protection; it creates no office; it is
inoperative, as if it had not been passed at all.511
The House of Representatives contend that “When courts declare a law to inconsistent with the
impeachment is a political action and is beyond the Constitution, the former shall be void and the latter
reach of judicial review. Respondents Speaker De shall govern.” (Article 7 of the New Civil Code)
Venecia, et. al. and intervenor Senator Pimentel raise the
novel argument that the Constitution has excluded
impeachment proceedings from the coverage of judicial Modern View: Certain legal effects of the statute
review. Briefly stated, it is the position of respondents prior to its declaration of unconstitutionality may be
Speaker De Venecia et. al. that impeachment is a political recognized. “The actual existence of a statute prior
action which cannot assume a judicial character. Hence, to such a determination of constitutionality is an
any question, issue or incident arising at any stage of the operative fact and may have consequences which
impeachment proceeding is beyond the reach of judicial cannot always be erased by a new judicial
review. For his part, intervenor Senator Pimentel declaration.”512
contends that the Senate's "sole power to try"
impeachment cases (1) entirely excludes the application
of judicial review over it; and (2) necessarily includes the H. Partial Unconstitutionality
Senate's power to determine constitutional questions
relative to impeachment proceedings. They contend that Also in deference to the doctrine of separation of
the exercise of judicial review over impeachment powers, courts hesitate to declare a law totally
proceedings is inappropriate since it runs counter to the unconstitutional and as long as it is possible, will
framers' decision to allocate to different fora the powers to salvage the valid portions thereof in order to give
try impeachments and to try crimes; it disturbs the system
of checks and balances, under which impeachment is the
effect to the legislative will.513
only legislative check on the judiciary; and it would create
a lack of finality and difficulty in fashioning relief Requisites of Partial Unconstitutionality:
1. The Legislature must be willing to retain the
Held: That granted to the Philippine Supreme Court and valid portion(s).514
lower courts, as expressly provided for in the Constitution, 2. The valid portion can stand independently as
is not just a power but also a duty, and it was given an law.
expanded definition to include the power to correct any
grave abuse of discretion on the part of any government
branch or instrumentality. that granted to the Philippine
I. Judicial Review by Lower Courts
Supreme Court and lower courts, as expressly provided
for in the Constitution, is not just a power but also a duty,
and it was given an expanded definition to include the 511
power to correct any grave abuse of discretion on the part See Norton v. Shelby County, 118 US 425.
512
of any government branch or instrumentality. Chicot County Drainage Dist. V. Baxter States Bank 308 US 371.
The Constitution provides for several limitations to the 513
Cruz, Philippine Political Law, p. 251 (1995 ed); See Senate v.
exercise of the power of the House of Representatives Ermita.
over impeachment proceedings. These limitations include 514
Usually shown by the presence of separability clause. But even
the one-year bar on the impeachment of the same official. without such separability clause, it has been held that if the valid
It is well within the power of the Supreme Court to inquire portion is so far independent of the invalid portion, it may be fair to
whether Congress committed a violation of the presume that the legislature would have enacted it by itself if they
had supposed that they could constitutionally do so.
Legal Bases of lower courts’ power of judicial Section 13. The conclusions of the Supreme Court in any
review: case submitted to it for decision en banc or in division
1. Article VIII, Section 1. Since the power of shall be reached in consultation before the case is
judicial review flows from judicial power assigned to a Member for the writing of the opinion of the
Court. A certification to this effect signed by the Chief
and since inferior courts are possessed of
Justice shall be issued and a copy thereof attached to the
judicial power, it may be fairly inferred that record of the case and served upon the parties. Any
the power of judicial review is not an Members who took no part, or dissented, or abstained
exclusive power of the Supreme Court. from a decision or resolution must state the reason
2. Article VII, Section 5(2). This same therefor. The same requirements shall be observed by all
conclusion may be inferred from Article lower collegiate courts.
VIII, Section 5(2), which confers on the
Supreme Court appellate jurisdiction over Section 14. No decision shall be rendered by any court
judgments and decrees of lower courts in without expressing therein clearly and distinctly the facts
certain cases. and the law on which it is based. No petition for review or
3. Statutes motion for reconsideration of a decision of the court shall
be refused due course or denied without stating the legal
4. General Principles of Law (San Miguel
basis therefor.
Corp. v. SOL)
Note: While a declaration of unconstitutionality Section 15. (1) All cases or matters filed after the
effectivity of this Constitution must be decided or resolved
made by the Supreme Court constitutes a within twenty-four months from date of submission for the
precedent binding on all, a similar decision of an Supreme Court, and, unless reduced by the Supreme
inferior court binds only the parties in the case.515 Court, twelve months for all lower collegiate courts, and
three months for all other lower courts.
J. Modalities of Constitutional Interpretation (2) A case or matter shall be deemed submitted for
1. Historical- Analyzing the intention of the decision or resolution upon the filing of the last pleading,
brief, or memorandum required by the Rules of Court or
framers and the Constitution and the
by the court itself.
circumstances of its ratification. (3) Upon the expiration of the corresponding period, a
2. Textual- Reading the language of the certification to this effect signed by the Chief Justice or
Constitution as the man on the street would. the presiding judge shall forthwith be issued and a copy
3. Structural- Drawing inferences from the thereof attached to the record of the case or matter, and
architecture of the three-cornered power served upon the parties. The certification shall state why
relationships. a decision or resolution has not been rendered or issued
4. Doctrinal- Rely on established precedents within said period.
(4) Despite the expiration of the applicable mandatory
5. Ethical- Seeks to interpret the Filipino moral
period, the court, without prejudice to such responsibility
commitments that are embedded in the as may have been incurred in consequence thereof, shall
constitutional document. decide or resolve the case or matter submitted thereto for
6. Prudential- Weighing and comparing the
determination, without further delay.
costs and benefits that might be found in
conflicting rules.516
1. “In Consulta”517
VII. Deciding a Case The conclusions of the Supreme Court in any case
submitted to it for decision en banc or in division
Process of Decision Making
shall be reached in consultation before the case is
Cases Decided En Banc
assigned to a Member for the writing of the opinion
Cases Decided in Division
of the Court. (Section 13)
A. Process of Decision Making
2. Certification of Consultation and Assignment
In Consulta
A certification as regards consultation and
Certification of Consultation
assignment signed by the Chief Justice shall be
Explanation on Abstention etc.
issued and a copy thereof attached to the record of
Statement of Facts and the Law
the case and served upon the parties. (Section 13)
Denial of MR or Petition for Review
Decisions of the Court
Purpose. The purpose of certification is to ensure
Period for Decision
the implementation of the constitutional
Certification and Explanation
requirement that decisions of the Supreme Court
are reached after consultation with members of the
Read Rule 13 of 2010 SC Internal Rules/ See also
court sitting en banc or in division before the case
the 16 Cityhood laws case and Navarro v. Ermita.
is assigned to a member thereof for decision-
writing. (Consing v. CA, 1989)
515
Bernas Commentary, p 964 (2003 ed).
516 517
Bernas Commentary, p 964 (2003 ed). After deliberations by the group.
The certification by the Chief Justice that he has must state the nature of the case, summarize
assigned the case to a Justice for writing the the facts with reference to the record, and
opinion will not expose such Justice to pressure contain a statement of applicable laws and
since the certification will not identify the Justice.518 jurisprudence and the tribunal’s statement and
conclusions on the case.521
Effect of Absence of Certification. The absence
of the certification would not necessarily mean that Requirement, not jurisdictional. Although
the case submitted for decision had not been the 1st paragraph of Section 14 is worded in
reached in consultation before being assigned to mandatory language, it is nonetheless merely
one member for writing of the opinion of the Court directory. It has been held that the
since the regular performance of duty is presumed. “requirement does not go to the jurisdiction of
The lack of certification at the end of the decision the court”522 (1989 Bar Question)
would only serve as evidence of failure to observe
certification requirement and may be basis for Purpose
holding the official responsible for the omission to To inform the person reading the decision, and
account therefore. Such absence of certification especially the parties, of how it was reached
would not have the effect of invalidating the by the court after consideration of the pertinent
decision.519 facts and examination of applicable laws.
There are various reasons for this:
Minute Resolution. Minute resolutions need not 1. To assure the parties that the judge
be signed by the members of the Court who took studied the case;
part in the deliberations of a case nor do they 2. To give the losing party opportunity to
require the certification of the Chief Justice. analyze the decision and possibly
(Borromeo v. CA, 1990) appeal or, alternatively, convince the
losing party to accept the decision in
3. Explanation on Abstention etc. good grace;
Any Member who: 3. To enrich the body of case law, especially
1. Took no part, or if the decision is from the Supreme
Court. (Fransisco v. Permskul, 1989)
2. Dissented, or
3. Abstained Where Applicable
from a decision or resolution must state the reason The constitutional requirement (Section 14, 1st
therefore (Section 13) paragraph) that a decision must express
clearly and distinctly the facts and law on
The reason for the required explanation is to which it is based as referring only to
encourage participation.520 decisions523.
Resolutions disposing of petitions fall under
4. Statement of Facts and the Law the constitutional provision (Section 14, 2nd
Rule paragraph) which states that “no petition for
Purpose of Requirement review…shall be refused due course… without
Where Applicable stating the legal basis therefore.” (Borromeo v.
Where Not Applicable CA) 524
Illustration of Sufficient Compliance
Illustration of Insufficient Compliance Where not Applicable
It has been held that the provision is not
Rule applicable to:
No decision shall be rendered by any court 1. Decision of the COMELEC525;
without expressing therein clearly and 2. Decision of military tribunals which are
distinctly the facts and the law on which it is not courts of justice.526
based. (Section 14) 3. Mere orders are not covered since they
dispose of only incidents of the case,
A decision need not be a complete recital of such as postponements of the trial. The
the evidence presented. So long as the factual
521
and legal basis are clearly and distinctly set Antonio B. Nachura, Outline/Reviewer in Political Law 295
forth supporting the conclusions drawn (2006 ed.)
522
therefrom, the decision arrived at is valid. Cruz, Philippine Political Law, p. 269 (1995 ed).
However, it is imperative that the decision not 523
Decision is described as a judgment rendered after the
simply be limited to the dispositive portion but presentation of proof or on the basis of stipulation of facts. (Cruz,
Philippine Political Law, p. 269 (1995 ed))
518 524
Bernas Primer at 361 (2006 ed.) Bernas Primer at 362 (2006 ed.)
519 525
Bernas Primer at 362 (2006 ed.) Nagca v. COMELEC, 112 SCRA 270 (1982).
520 526
Bernas Primer at 361 (2006 ed.) Cruz, Philippine Political Law, p. 273 (1995 ed).
only exception is an order of dismissal on Held: The decision does not comply with the
the merits527 requirement under the Constitution that it should
4. This requirement does not apply to a contain a clear and distinct statement of facts. It
contained conclusions without stating the facts
minute resolution dismissing a petition for
which served as their basis. (Valdez v. CA, 194
habeas corpus, certiorari and mandamus, SCRA 360)
provided a legal basis is given therein.
(Mendoza v. CFI 66 SCRA 96) Facts: Petitioners filed an action to annul the
5. Neither will it apply to administrative foreclosure sale of the property mortgaged in favor
cases. (Prudential Bank v. Castro, 158 of respondent. After petitioners had rested their
SCRA 646) case, respondent filed a demurrer to the evidence.
The trial court issued an order dismissing the case
on the ground that the evidence showed that the
Illustrative Cases of Sufficient Compliance:
sale was in complete accord with the requirements
Facts: The Court of Appeals affirmed the conviction
of Section 3 of Act No. 3135.
of petitioner for estafa. Petitioner argued that the
Held: The order violates the constitutional
decision did not comply with the Constitution
requirement. The order did not discuss what the
because instead of making its own finding of facts,
evidence was or why the legal requirements had
the Court of Appeals adopted the statement of facts
been observed. (Nicos Industrial Corporation v. CA,
in the brief filed by the Solicitor General.
206 SCRA 122)
Held: There is no prohibition against court’s
adoption of the narration of facts made in the brief
Facts: The RTC convicted the accused of murder.
instead of rewriting them in its own words.
The decision contained no findings of fact in regard
(Hernandez v. CA, 228 SCRA 429)528
to the commission of the crime and simply contained
the conclusion that the prosecution had sufficiently
Memorandum Decisions. established the guilt of the accused of the crime
The rule remains that the constitutional mandate charged beyond reasonable doubt and that the
saying that “no decision shall be rendered by any witnesses for the protection were more credible.
court without expressing therein clearly and distinctly Held: The decision did not contain any findings of
the facts and the law on which it is based,” does not fact which are essential in decision-making. (People
preclude the validity of “memorandum decisions,” v. Viernes, 262 SCRA 641)
which adopt by reference the findings of fact and
conclusions of law contained in the decisions of Facts: Petitioners sued respondents for damages
inferior tribunals. This rule has been justified on the on the ground that they were not able to take their
grounds of expediency, practicality, convenience and flight although the travel agent who sold them the
docket status of our courts.529 (Solid Homes v. plane tickets confirmed their reservations. The
Laserna, 2008) decision of the trial court summarized the evidence
for the parties and then held that respondent, the
Memorandum decisions can also speed up the travel agent, and the sub-agent should be held
judicial process, a desirable thing and a concern of jointly and severally liable for damages on the basis
the Constitution itself. Where a memorandum of the facts.
decision is used, the decision adopted by reference Held: The decision did not distinctly and clearly set
must be attached to the Memorandum for easy forth the factual and legal bases for holding
reference. Nonetheless, the Memorandum decision respondents jointly and severally liable. (Yee Eng
should be used sparingly and used only where the Chong v. Pan American World Airways Inc., 328
facts as in the main are accepted by both parties SCRA 717)
and in simple litigations only. (Fransisco v. Permskul,
1989) Facts: The MTC convicted petitioner of unfair
competition. Petitioner appealed to the RTC. The
Illustrative Cases of Insufficient Compliance RTC affirmed his conviction. The RTC stated in this
In Dizon v. Judge Lopez, 1997, the decision, which decision that it found no cogent reason to disturb the
consisted only of the dispositve portion findings of fact of MTC.
(denominated a sin perjuicio530 judgment) was held Held: The decision of the RTC fell short of the
invalid. constitutional requirement. The decision in question
should be struck down as a nullity. (Yao v. CA, 344
Facts: Respondents sold the same property to two SCRA 202)
different buyers. Petitioners, the first buyers, filed a
case to annul the title of the second buyer. The lower 4. Statement of Legal Basis for Denial of MR or
court rendered a decision dismissing the complaint.
Petition for Review
The decision stated that the plaintiffs failed to prove
their case and there was no sufficient proof of bad No petition for review or motion for reconsideration
faith on the part of the second buyer. of a decision of the court shall be refused due
course or denied without stating the legal basis
therefor. (Section 14)
527
Cruz, Philippine Political Law, p. 269 (1995 ed).
528 Resolutions disposing of petitions fall under the
Jacinto Jimenez, Political Law Compendium, 350 (2006 ed.)
529
G.R. No. 166051, April 8, 2008. constitutional provision (Section 14, 2nd paragraph)
530 which states that “no petition for review…shall be
Sin Perjuicio judgment is a judgment without a
statement of facts in support of its conclusions.
refused due course… without stating the legal A case or matter shall be deemed submitted for
basis therefore.” decision or resolution upon the filing of the last
pleading, brief, or memorandum required by the
When the Court, after deliberating on a petition and Rules of Court or by the court itself. (Section 15)
any subsequent pleadings, manifestations,
comments, or motion decides to deny due course 7. Certification of Period’s Expiration and
to the petition and states that the questions raised Explanation for Failure to Render Decision or
are factual or no reversible error or if the Resolution
respondent court’s decision is shown or for some Upon the expiration of the corresponding period, a
other legal basis stated in the resolution, there is certification to this effect signed by the Chief
sufficient compliance with the constitutional Justice or the presiding judge shall forthwith be
requirement. (Borromeo v. CA) issued and a copy thereof attached to the record of
the case or matter, and served upon the parties.
Illustrative Cases: The certification shall state why a decision or
The Court of Appeals denied the petitioner’s motion for resolution has not been rendered or issued within
reconsideration in this wise: “Evidently, the motion poses said period. (Section 15)
nothing new. The points and arguments raised by the
movants have been considered an passed upon in the
decision sought to be reconsidered. Thus, we find no Despite the expiration of the applicable mandatory
reason to disturb the same.” The Supreme Court held that period, the court, without prejudice to such
there was adequate compliance with the constitutional responsibility as may have been incurred in
provision. (Martinez v. CA, 2001) consequence thereof, shall decide or resolve the
case or matter submitted thereto for determination,
The Supreme Court ruled that “lack of merit” is sufficient
declaration of the legal basis for denial of petition for without further delay. (Section 15)
review or motion for reconsideration. (Prudential Bank v.
Castro) B. Cases Decided En Banc
exceeding 10,000 pesos (People v. decisions rendered therein are, in effect by the
Gacott)] same Tribunal. Decisions or resolutions of a
7. Election contests for President or Vice- division of the court are not inferior to an en banc
President. decision. (People v. Dy, 2003)
8. Appeals from Sandiganbayan or
Constitutional Commissions. (Legal Decisions of a division, not appealable to en
Basis?) banc. Decisions or resolutions of a division of the
court, when concurred in by majority of its
(See Rule 2 Section3 of 2010 SC Internal Rules) members who actually took part in the deliberations
on the issues in a case and voted thereon is a
Number of Votes Needed to Decide a Case decision or resolution of the Supreme Court.
Heard En Banc: (Firestone Ceramics v. CA, 2000)
When the Supreme Court sits en banc cases are
decided by the concurrence of “majority if the Where the required number cannot be obtained
members who actually took part in the deliberations in a division of three in deciding a case. Where
on the issues in the cases and voted thereon.” the required number of votes is not obtained, there
Thus, since a quorum of the Supreme Court is is no decision. The only way to dispose of the case
eight, the votes of at least five are needed and are then is to refer it to the Court en banc. (Section
enough, even if it is a question of constitutionality. 4(3))
(Those who did not take part in the deliberation do
not have the right to vote)533 (1996 Bar Question) “Cases” v. “Matters”.
ASM: In reality, when the decision says that a “Cases or matters heard by a division shall be decided
particular Justice “did not take part”, it does not or resolved with the concurrence of a majority of the
necessarily mean that he was not there during the Members who actually took part in the deliberations on
the issues in the case and voted thereon, and in no case,
deliberations.
without the concurrence of at least three of such
Members.”
Q: How many justices are needed to constitute a When the required number is not obtained, the case shall
quorum when the Court sits en banc and there are be decided en banc.”
only fourteen justices in office? A careful reading of the above constitutional
A: In People v. Ebio, 2004, since it was a capital provision reveals the intention of the framers to
criminal cases, the Court said that there should be draw a distinction between cases on one hand and,
eight.534 and matters on the other hand, such that cases are
‘decided’ while matters, including motions, are
Procedure if opinion is equally divided. ‘resolved’. Otherwise put, the word “decided” must
When the Court en banc is equally divided in refer to ‘cases; while the word ‘resolved’ must refer
opinion, or the necessary majority cannot be had, to ‘matters’.
the case shall again be deliberated on, and if after
such deliberation no decision is reached, the Where the required number cannot be obtained
original action commenced in the court shall be in a division of three in motion for
dismissed; in appealed cases, the judgment or reconsideration. If a case has already been
order appealed from shall stand affirmed; and on decided by the division and the losing party files a
all incidental matters, the petition or motion shall be motion for reconsideration, the failure of the
denied.(Rule 56, Section 7, Rules of Court) division to resolve the motion because of a tie in
the voting does not leave the case undecided.
C. Cases Decided in Division Quite plainly, if the voting results in a tie, the motion
for reconsideration is lost. The assailed decision is
Section 4 not reconsidered and must therefore be deemed
(3) Cases or matters heard by a division shall be decided affirmed. (Fortich v. Corona, 1999)
or resolved with the concurrence of a majority of the
Members who actually took part in the deliberations on Supreme Court and Stare Decisis
the issues in the case and voted thereon, and in no case,
without the concurrence of at least three of such
Members. When the required number is not obtained, the
Stare decisis derives its name from the Latin
case shall be decided en banc: Provided, that no doctrine maxim stare decisis et non quieta movere, i.e., to
or principle of law laid down by the court in a decision adhere to precedent and not to unsettle things that
rendered en banc or in division may be modified or are settled. It simply means that a principle
reversed except by the court sitting en banc. underlying the decision in one case is deemed of
imperative authority, controlling the decisions of like
Divisions are not separate and distinct courts. cases in the same court and in lower courts within
Actions considered in any of the divisions and the same jurisdiction, unless and until the decision
in question is reversed or overruled by a court of
533
Bernas Primer at 338 (2006 ed.) competent authority. The decisions relied upon as
534
Bernas Primer at 337 (2006 ed.)
precedents are commonly those of appellate
courts, because the decisions of the trial courts 5. municipal circuit trial courts
may be appealed to higher courts and for that
reason are probably not the best evidence of the Other Courts:
rules of law laid down. 1. Court of Tax Appeals
2. Sandignabayan
Judicial decisions assume the same authority as a 3. Sharia Court
statute itself and, until authoritatively abandoned,
necessarily become, to the extent that they are (Together with the Supreme Court , the
applicable, the criteria that must control the aforementioned tribunals make up the judicial
actuations, not only of those called upon to abide department of our government)535
by them, but also of those duty-bound to enforce
obedience to them. In a hierarchical judicial system Court of Appeals. The Court of Appeals is
like ours, the decisions of the higher courts bind the composed of 68 Associate Justices and 1 Presiding
lower courts, but the courts of co-ordinate authority Justice. (RA 52; RA 8246)
do not bind each other. The one highest court does
not bind itself, being invested with the innate
authority to rule according to its best lights. B. Judicial Power; Judicial Review in Lower Courts
The Court, as the highest court of the land, may Judicial power shall be vested in one Supreme
be guided but is not controlled by precedent. Court and in such lower courts as may be
Thus, the Court, especially with a new established by law.
membership, is not obliged to follow blindly a Judicial power includes the duty of the courts of
particular decision that it determines, after re- justice to settle actual controversies involving rights
examination, to call for a rectification. The which are legally demandable and enforceable,
adherence to precedents is strict and rigid in a and to determine whether or not there has been a
common-law setting like the United Kingdom, grave abuse of discretion amounting to lack or
where judges make law as binding as an Act of excess of jurisdiction on the part of any branch or
Parliament. But ours is not a common-law system; instrumentality of the Government. (Section 1)
hence, judicial precedents are not always strictly
and rigidly followed. A judicial pronouncement in an Legal Bases of lower courts’ power of judicial
earlier decision may be followed as a precedent in review:
a subsequent case only when its reasoning and 1. Article VIII, Section 1. Since the power of
justification are relevant, and the court in the latter judicial review flows from judicial power
case accepts such reasoning and justification to be and since inferior courts are possessed of
applicable to the case. The application of judicial power, it may be fairly inferred that
precedent is for the sake of convenience and the power of judicial review is not an
stability. exclusive power of the Supreme Court.
2. Article VII, Section 5(2). This same
VIII. Other Courts conclusion may be inferred from Article
Composition VIII, Section 5(2), which confers on the
Judicial Power; Judicial Review Supreme Court appellate jurisdiction over
Jurisdiction judgments and decrees of lower courts in
Qualifications certain cases.
Appointment
Salaries Note: While a declaration of unconstitutionality
Tenure made by the Supreme Court constitutes a
Removal precedent binding on all, a similar decision of an
Prohibition inferior court binds only the parties in the case.536
Deciding a Case
C. Jurisdiction of Lower Courts
A. Composition
1 Statutory Conferment of Jurisdiction
The composition of lower courts shall be provided
by law. The laws are Judiciary Act of 1948 and BP The Congress shall have the power to define,
129. prescribe, and apportion the jurisdiction of the
various courts. (Section 2)
The different lower courts under the Judiciary
Reorganization Law are the: 2. Constitutional Conferment of Jurisdiction
1. Court of Appeals
2. regional trial courts
535
3. metropolitan trial courts Cruz, Philippine Political Law, p. 231 (1995 ed).
536
4. municipal trial courts Bernas Commentary, p 964 (2003 ed).
J.M. Tuason & Co. v. CA; Ynot v. IAC: There is in publication of the letters occurred outside the court,
effect a constitutional conferment of original the fans cannot be punished in the absence of a
jurisdiction on the lower courts in those five cases clear and present danger to the administration of
for which the Supreme Court is granted appellate justice.
jurisdiction in Section 5(2).
1. Consultation
Imposition of income tax on salaries of judges The conclusions of the [lower collegiate courts] in
does not violate the constitutional prohibition any case submitted to it for decision en banc or in
against decrease in salaries.(Nitafan v. Tan, 152 division shall be reached in consultation before the
SCRA 284) case is assigned to a Member for the writing of the
opinion of the court.
F. Tenure A certification to this effect signed by the [Chief
Justice] shall be issued and a copy thereof
The judges of lower courts shall hold office during attached to the record of the case and served upon
good behavior until they reach the age of seventy the parties.
years or become incapacitated to discharge the Any Members who took no part, or dissented, or
duties of their office. (Section 11) abstained from a decision or resolution must state
the reason therefor. (Section 13)
No law shall be passed reorganizing the Judiciary
when it undermines the security of tenure of Note: CA sits in divisions when it hears cases; the
members. (Section 2) only time to convenes as one body is to take up
matters of administration.
In Vargas v. Villaroza, (80 Phil 297 (1982), the
Supreme Court held that the guarantee of security 2. Statement of Facts and Law
of tenure is a guarantee not just against “actual No decision shall be rendered by any court without
removal” but also of “uninterrupted continuity in expressing therein clearly and distinctly the facts
tenure.” and the law on which it is based.
No petition for review or motion for reconsideration
G. Discipline/ Removal of a decision of the court shall be refused due
course or denied without stating the legal basis
The Supreme Court en banc shall have the power therefor. (Section 14)
of discipline judges of lower courts, or order their
dismissal by a vote of a majority of the Members 3. Period in Deciding Case
who actually took part in the deliberations on the
Court Period
issues in the case and voted thereon.
Supreme Court 24 months (Section 15)
According to People v. Gacott, (1995), only Court of Appeals 12 months (Section 15)
dismissal of judges, disbarment of a lawyer, Sandiganbayan 3 months (Re Problem
suspension of either for more than 1 year or a fine of Delays in
exceeding 10,000 pesos requires en banc Sandiganbayan)
decision. All other lower courts 3 months (Section 15)
The grounds for the removal of a judicial officer (1) All cases or matters filed after the effectivity of
should be established beyond reasonable doubt, 1987 Constitution must be decided or resolved
particularly where the charges on which the within, unless reduced by the Supreme Court,
removal is sought are misconduct in office, willful twelve months for all lower collegiate courts,
neglect, corruption and incompetence. (Office of and three months for all other lower courts.
the Judicial Administrator v. Pascual, 1996) (2) A case or matter shall be deemed submitted for
decision or resolution upon the filing of the last
H. Prohibition pleading, brief, or memorandum required by the
Rules of Court or by the court itself.
The members of courts established by law shall not (4) Despite the expiration of the applicable
be designated to any agency performing quasi- mandatory period, the court, without prejudice to
judicial or administrative functions. (Section 12) such responsibility as may have been incurred in
consequence thereof, shall decide or resolve the
Thus, where a judge was designated member of case or matter submitted thereto for determination,
the Ilocos Norte Provincial Committee on Justice without further delay. (Section 15)
by the Provincial Governor where the function of
the Committee was to receive complaints and RE Problem of Delays in the Sandiganbayan
make recommendations towards the speedy The provision in Article VIII, Section 15 of the 1987
disposition of cases of detainees, the designation Constitution which says that cases or matters filed
was invalidated. (In re Manzano, 166 SCRA 246 must be decided by “lower collegiate courts” within
(1988). 12 months, does not apply to the Sandiganbayan.
The provision refers to regular courts of lower
I. Deciding a Case collegiate level, which is the Court of Appeals.
The Sandiganbayan is a special court on the same
level as the Court of Appeals, possessing all