1 Consti1 1to115

1
CONSTITUTIONAL
operation of the constitution. (Sinco 67.)
Types of Constitutional Law.-- In general, there

LAW 1 are three (3) different types of constitutional law,
namely,
(1) the English type, characterized by the

absence of a written constitution (Sinco 67)
PRELIMINARY CONCEPTS An unwritten constitution, and the power
of judicial review by the courts. Thus, the courts
I. INTRODUCTION: THE cannot invalidate the acts of the parliament as
being unconstitutional because of "parliamentary
CONSTITUTION, supremacy." (Mirasol notes.)
CONSTITUTIONALISM AND
CONSTITUTIONAL LAW (2) the European continental type, where
there is a written constitution w/c gives the courts
A. Political Law defined no power to declare ineffective statutes contrary
to it (Sinco 67.)
That branch of public law which deals A written constitution but no power of
with the organization and operation of the judicial review by the courts. The so-called Con-
government organs of the state and defines the stitutional Courts of France do not exercise real
relations of the state with the inhabitants of its judicial review but only render advisory opinions
territory. (Sinco, Philippine Political Law 1, 11th on constitutional questions upon the request of
ed., 1962) the government, not of parties in actual litigation.
(Mirasol notes.)
Scope of Political Law.-- The entire field of
political law may be subdivided into (a) the law (3) the American type where the legal
of public administration, (b) constitutional law, provisions of the written constitution are given
(c) administrative law, and (d) the law of public effect through the power of the courts to declare
corporations. These four subdivisions may be ineffective or void ordinary statutes repugnant to
briefly described for the time being, as follows: it. (Sinco 67.)
The first deals with the organization and A written constitution and the exercise of
management of the different branches of the judicial review by the courts, which is the power
government; the second, with the guaranties of of the courts to determine the constitutional
the constitution to individual rights and the validity of the acts of legislature and other
limitations on governmental action; the third, branches of government. (Mirasol notes.)
with the exercise of executive power in the
making of rules and the decision of questions
affecting private rights; and the last, with C. Constitution Defined
governmental agencies for local government or
for other special purposes. (Sinco 1) It is "a law for the government,
safeguarding individual rights, set down in
B. Constitutional Law Defined writing." (Hamilton.)
A constitution is both a legal document Such a view found acceptance in the

and a political plan. It, therefore, embodies legal work of Tanada and Fernando:
rules as well as political principles. And so when "It may be more specifically defined as a
we speak of constitutional law in the strict sense written instrument organizing the government,
of the tern, we refer to the legal rules of the distributing its powers and safeguarding the
constitution. xxx rights of the People."
xxx
In the sense in w/c the concept is From Malcolm and Laurel:
understood in American and Philippine "It is the written instrument by which the
Jurisprudence, constitutional law is a term used to fundamental powers of government are
designate the law embodied in the constitution established, limited and defined, and by which
and the legal principles growing out of the those powers are distributed among the several
interpretation and application made by courts of departments for their safe and useful exercise for
the provisions of the constitution in specific cases. the benefit of the body politic."
xxx
Constitutional law forms a distinct branch According to Schwartz, "a constitution is
of jurisprudence dealing w/ the legal principles seen as an organic instrument, under which
affecting the nature, adoption, amendment, and governmental powers are both conferred and
[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
2
circumscribed. Such stress upon both grant and (a) A written constitution - provisions
limitation of authority is fundamental in American have been reduced to writing and embodied in
theory. 'The office and purpose of the one or more instruments at a particular time.
constitution is to shape and fix the limits of E.g. The US Constitution
governmental activity.'" (Fernando, The - also called conventional or
Constitution of the Philippines, 20-21, 2nd ed., enacted, as they are given definite form
1977 by a steadily constituted body, the
constitutional convention, at a particular
time.
Macariola v Asuncion, 114 SCRA 77 (1982) - also democratic or
monarchical.
F: The complainant alleged that respondent Democratic constitutions - essentially
judge of the CFI violated paragraphs 1 and 5, Art. spring from the authority of the people.
14 of the Code of Commerce (w/c prohibited Monarchical constitutions - those
judges, among others, from engaging in granted by a monarch as an act of grace
commerce, either in person or in proxy or in the to his subjects; also called octroyed
financial intervention in commercial or industrial constitutions. They belong to the past
companies w/in the limits of the districts) when age.
he associated himself w/ the Traders Mftg. &
Fishing Industries, Inc. as a stockholder and (b) An unwritten constitution –
pres., said corp. having been organized to engage has not been committed to writing at any specific
in business. time but is the accumulated product of gradual
political and legal development. E.g. The English
HELD: Although this provision is incorporated in Constitution is the
the Code of Commerce w/c is part of the - known also as cumulative or
commercial laws of the Phils, it partakes of the evolved, as they are not formulated at
nature of a political law as it regulates the any definite time but are rather the
relationship between the government and certain outcome of a political evolutionary
public officers and employees, like justices and process.
judges. Political law has been defined as that
branch of public law w/c deals w/ the organization
and operation of the governmental organs of the Flexible and Rigid Constitutions. (Classification
State and defines the relations of the state w/ the according to amendment process.)
inhabitants of its territory. Specifically, Art. 14 of
the Code of Commerce partakes more of the The classification of constitutions into
nature of an administrative law bec. it regulates written and unwritten has been considered
the conduct of certain public officers and unscientific and inaccurate bec. no written
employees w/ respect to engaging in business; constitution, after having been applied for a
hence, political in essence. considerable period, can remain substantially
xxx Upon the transfer of sovereignty unchanged in its original condition other than by
from Spain to US, and later on from US to the formal amendments. xxx.
Republic of the Phils., Art. 14 of the said Code To classify constitutions into rigid and
must be deemed to have been abrogated bec. flexible is to use a basis that has to do more w/
where there is change of sovereignty, the political their nature rather than their mere form.
laws of the former sovereign, whether compatible
or not w/ those of the new sovereign, are (a) Rigid.-- A constitution is classified as
automatically abrogated, unless they are rigid when it may not be amended except through
expressly re-enacted by affirmative act of the a special process distinct from and more involved
new sovereign. There appears to be no enabling than the method of changing ordinary laws. It is
or affirmative act. Consequently, Art. 14 of the supposed that by such a special procedure, the
Code of Commerce has no legal and binding effect constitution is rendered difficult to change and
and cannot apply to respondent Judge. thereby acquires a greater degree of stability.
(b) Flexible.-- A constitution is
Types of Constitutions classified as flexible when it may be changed in
the same manner and through the same body
Constitutions are classified as follows: that enacts ordinary legislation. The British
(1) written and unwritten, and (2) rigid and Constitution is flexible.
flexible.
A constitution's stability depends upon
Written and Unwritten (Classification as to when other factors than the mere rigidity or flexibility of
it is adopted.) the amending process, such as (1) the general
temperament of the people and their leaders and

3
(2) the degree of a nation's political maturity and by the President after consultation with various
social homogenity. (Sinco 68-70.) sectors of society.
The Philippine Constitution is both written Section 2. The Commission shall

and rigid (See Art. XVII on the Amendment complete its work within as short a period as may
process). be consistent with the need both to hasten the
return of normal constitutional government and to
drat a document truly reflective of the ideals and
aspirations of the Filipino people.
II. THE 1987 CONSTITUTION
Section 3. The Commission shall conduct
* What was the basis of the Aquino government? public hearings to insure that the people will have
Did it assume power pursuant to the 1973 adequate participation in the formulation of the
Constitution, or was it a revolutionary New Constitution.
government?
Section 4. The plenary sessions of the
A. Proclamation No. 1, 25 February 1986 Commission shall be public and recorded.
(Provisional government).-- But Proclamation
No. 3 which announced the Provisional Section 5. The New Constitution shall be
Constitution, seemed to suggest that it was a presented by the Commission to the President
revolutionary government, since in one of its who shall fix the date for the holding of a
whereases it announced that the "new plebiscite. It shall become valid and effective
government was installed, through a direct upon ratification by a majority of the votes cast in
exercise of the power of the Filipino people such plebiscite which shall be held within a period
assisted by units of the New Armed Forces," of 60 days following its submission to the
referring to the EDSA revolution. President.
The better view is the latter view. The 2. 1987 Constitution, Art. XVIII, sec.
Aquino government was not an offshoot of the 27.
1973 Constitution for under that Constitution, a
procedure was given for the election of the This Constitution shall take effect
President --- proclamation by the Batasan --- and immediately upon its ratification by a majority of
the candidate Batasan proclaimed was Marcos. the votes cast in a plebiscite held for the purpose
and shall supersede the all previous Constitutions.
B. Proclamation No. 3, March 25, 1986 The foregoing proposed Constitution of
(Provisional Constitution).-- The Provisional the Republic of the Philippines was approved by
Constitution or Freedom Constitution was adopted the Constitutional Commission of 1986 on the
on 25 March 1986 through Proclamation No. 3. It twelfth day of October 1986, and accordingly
abrogated the legislative provisions of the 1973 signed on the fifteenth day of October 1986 at
Constitution, modified the provisions regarding the Plenary Hall, National Government Center,
the executive department, and totally reorganized Quezon City, by the Commissioners whose
the government. (Its use of the 1973 Consti- signatures are hereunder affixed.
tution, however, is not be to construed that it was
a continuation thereof.) Then it provided for the 3. Proclamation No. 58 (Proclaiming
calling of a Constitutional Commission, composed the Ratification of the 1987
of 30 to 50 members appointed by the President Constitution), February 11, 1987
within 60 days.
Philippine Bar Association v COMELEC
C. Adoption and Effectivity
 The constitutionality of BP 883, calling for
1. Provisional Constitution, Art. V. special elections (this was the snap
election with Marcos vs. Aquino as
ADOPTION OF A NEW CONSTITUTION candidates), was contended since there is
no actual vacancy in the office of the
Section 1. Within sixty days from the president
date of this Proclamation, a Commission shall be  “The Court cannot stand in the way of
appointed by the President to draft a New letting the people decide through their
Constitution. The Commission shall be composed ballot, either to give the incumbent
of not less than thirty nor more than fifty natural president a new mandate or to elect a
born citizens of the Philippines, of recognized new president” – Justice Teehankee
probity, known for their independence,  “… Petitioners failed to demonstrate that
nationalism and patriotism. They shall be chosen BP 883 clearly contravenes any

4
applicable constitutional provision. III. CONSTITUTIONALISM AND
Besides, the issue posed by these
petitions is essentially political in
CONSTITUTIONAL SUPREMACY:
character… the Supreme Court has no JUDICIAL REVIEW UNDER THE
authority to determine whether or not the 1987 CONSTITUTION
act of the Legislature of Chief Executive
is against the Constitution” – Justice A. Nature of Judicial Power/Review
Escolin
 The main doctrine here is that the Art. VIII, Sec. 1. THE JUDICIAL POWER SHALL
Supreme Court recognizes the separation BE VESTED IN ONE SUPREME COURT AND IN
of powers. There is what we call a SUCH LOWER COURTS AS MAY BE ESTABLISHED
political question wherein only the BY LAW.
involved department may resolve to the JUDICIAL POWER INCLUDES THE DUTY
exclusion of the other two. One division OF COURTS OF JUSTICE TO SETTLE ACTUAL
is not more powerful than the other and CONTROVERSIES INVOLVING RIGHTS WHICH
the decision of each is accorded great ARE LEGALLY DEMANDABLE AND ENFORCEABLE,
respect. AND TO DETERMINE WHETER OR NOT THERE
HAS BEEN A GRAVE ABUSE OF DISCRETION
Lawyer’s League vs. Aquino AMOUNTING TO LACK OR EXCESS OF
JURISDICTION ON THE PART OF ANY BRANCH OR
 The legitimacy of the Aquino government INTRUMENTALITY OF THE GOVERNMENT.
was being contended
 The Court ruled that the legitimacy of this Theory of Judicial Review
government is a non-justiciable matter.
“It is only the people of the Philippines Angara v Electoral Commission,
who may be the judge of its legitimacy. In 1935, the National Assembly adopted
Since such government is accepted by a resolution that "all members- elect, with no
the people, it is not merely a de facto election protest filed on or before 3 December
government but also a de jure 1935 are deemed elected." The Electoral
government. Moreover, the community Commission, a constitutional body, on the other
of nations has recognized its legitimacy” hand set the 9 December 1935 as the deadline
 With all this in mind, the petitioners have for the filing of election protest.
no personality to sue and no cause of
action Ynsua, who lost to Angara, filed a motion
 The Court again reiterates the doctrine of of protest (complaint) on 8 December 1935. This
separation of powers, deciding that such was entertained by the Electoral Commission.
case is not for the courts to decide on. Angara contended that the deadline set by the
National Assembly was controlling. Who
In re: Saturnino Bermudez prevailed?
 The petitioner is asking for a declaratory The SC, through J. Laurel, ruled for
relief and to explain the ‘ambiguity’ in the Ynsua, thereby upholding the authority of the
proposed 1986 Constitution as to who Electoral Commission, in view of the constitutional
was being referred to as President and provision granting the Electoral Commission juris-
Vice-President in Art XVIII Sec 7. diction over election protests.
 The Court ruled that they do not have
original jurisdiction over declaratory In justifying the power of judicial review,
reliefs J. Laurel pointed out that when the court
 “There is lack of personality to sue and allocated constitutional boundaries, it neither
such petition amounts in effect to a suit asserts supremacy, nor annuls the acts of the
against the incumbent President… it is legislature. It simply carries out the obligations
equally elementary that incumbent imposed upon it by the constitution to determine
Presidents are immune from suit or being conflicting claims and to establish for the parties
brought to court during the period of the rights which the constitution grants to them.
their incumbency and tenure.”
Ashwander vs. Tennessee Valley Authority
Seven (7) rules of avoidance of

constitutional questions (J. Brandeis):
In the following cases, the court must
refrain from passing on the issue of
constitutionality or from exercising judicial

5
review: 2. Standing
1. Friendly, non-adversary proceedings.
(no vital conflict) A party has a standing in a case if his
2. Anticipation of a question of interest is such that he stands to be benefited if
constitutional law in advance of the necessity of the case is resolved in his favor, and he stand to
deciding it. (premature case) be really injured if it is decided against him.
3. Formulation of a rule broader than is
required by the precise facts to which it is Standing is established by two nexuses:
applied. the party's status and the type of legislative act
4. Existence of other grounds upon which being questioned, or his status and the precise
the case may be disposed of (not the very lis nature of the constitutional infringement.
mota)
5. A complaint made by one who fails to The test of standing is whether the party
show injury as to its operation. (no standing) has alleged such a personal stake in the outcome
6. Instance of one who has availed of the controversy as to assure such concrete
himself of its benefit. adverseness which sharpens the presentation of
7. Possibility of a construction of the issues upon which the court so largely depends
statute which can avoid the resolution of the for illumination of difficult constitutional questions
constitutional question. (Baker v Carr, supra.)
Rescue Army case A person has standing to challenge the

Policy of strict necessity governmental act only if he has a personal and
The court must, as much possible, refrain substantial interest in the case such that he has
from exercising judicial review unless all the sustained, or will sustain, direct injury as a result
requirements for its exercise are fulfilled because ot its enforcement. (People v. Vera.)
of :
1. The danger of exercising the function, Board of Optometry vs. Colet
in view of possible consequences for others  Doctrine of Locus Standi
stemming also from constitutional roots.  For the party to have locus standi to
2. Comparative finality of those question the validity of a statute, he
consequences. must have a personal and substantial
3. Consideration due to the judgment of interest in the case such that he has
the other repositories of constitutional power sustained or will sustain direct injury as a
concerning the scope of their authorities. result of its enforcement
4. Necessity for each to keep within its  Only natural and juridical persons or
own power. entities authorized by law my be parties
5. Inherent limitations of the judicial in a civil action and every action must be
process - its largely negative character, and its prosecuted in the name of the real party
limited resources for enforcement. in interest
6. Withal in paramount importance of  The two parties here were not registered
constitutional adjudication. associations, worse, two of the presidents
of the associations contending the
Thus, the following must be avoided: (i) validity of Art 8050 or the Revised
political questions, (ii) advisory opinions, (iii) Optometry Law of the 1995 were not
moot and academic issues, and (iv) no standing. even optometrists
B. Conditions for the Exercise of Judicial Tan vs. Macapagal

Review
ISSUE: A petition assailing the validity of the
1. Case and Controversy Laurel-Leido Resolution dealing with the range of
the authority of the 1971 Constitutional
People v Vera J. Laurel laid down the doctrine Convention (WON it had the power to consider,
that judicial review can only be exercised in an discuss and adopt proposals which seek to revise
actual case and controversy. the present Constitution through the adoption of
a form of a government other than the form now
This means (1) a party with a personal outlined in the present Constitution)
and substantial interest, (2) an appropriate case,
(3) a constitutional question raised at the earliest Held: motion for reconsideration was denied.
possible time, and (4) a constitutional question STANDING – TAXPAYER'S SUITS:
that is the very lis mota of the case, i.e. an
unavoidable question.

6
 From People v Vera: "The unchallenged ISSUE: Petitioners challenge the constitutionality
rule is that the person who impugns the of a statute [RA 4880 or the Revised Election
validity of a statute must have a personal Code] which calls to a halt the undesirable
and substantial interest in the case such practice of prolonged political campaigns. More
that he has sustained, or will sustain, precisely, the basic liberties of free speech and
direct injury as a result of its free press, freedom of assembly and freedom of
enforcement." association are invoked to nullify the act.
 From Pascual v The Secretary of
Public Works: "Again, it is well settled Held: petition was dismissed.
that the validity of a statute may be "Although the instant petition did not
contested only by one who will sustain a seek to restrain respondent Commission on
direct injury, in consequence of its Elections from performing any specific act, it
enforcement. Yet, there are many could still rightfully be treated as a petition for
decisions nullifying, at the instance of prohibition. The exceptional character of the
taxpayers, laws providing for the situation that confronts this Court, the paramount
disbursement of public funds, upon the public interest, and the undeniable necessity for a
theory that the 'expenditure of public ruling, the national elections being barely six
funds, by an officer of the State for the months away, reinforce this stand. It would
purpose of administering an appear undeniable, therefore, that before this
unconstitutional act constitutes a Court is an appropriate invocation of this Court's
misapplication of such funds,' which may jurisdiction to prevent the enforcement of an
be enjoined at the request of a alleged unconstitutional statute. The Court is left
taxpayer." with no choice. Then, it must act on the matter.
 Where a constitutional question is raised, "The language of Justice Laurel fits the
a senator has been considered as case: 'All await the decision of this Court on the
possessed of the requisite personality to constitutional question. Considering, therefore,
bring a suit, e.g., in Mabanag vs. the importance which the instant case has
Lopez Vito and Tolentino v. assumed and to prevent multiplicity of suits,
Commission on Elections.] strong reasons of public policy demand that [its]
constitutionality . . . be now resolved.' [quoted
“…[A]s far as a taxpayer's suit is from People v Vera] It may likewise be added
concerned, this Court is not devoid of discretion that the exceptional character of the situation
as to whether or not it should be entertained… that confronts us, the paramount public interest,
Petitioner Gonzales in accordance with the and the undeniable necessity for a ruling, the
controlling doctrine had the good sense to wait national elections being barely six months away,
before filing his suit until after the enactment of reinforce our stand."
the statute for the submission to the electorate of
certain proposed amendments to the 4. Mootness
Constitution. It was only then that the matter was
ripe for adjudication. Prior to that stage, the A case becomes moot when there are
judiciary had to keep its hands off. The doctrine facts, injuries and heated arguments but for some
of separation of powers calls for the other reason the legal problem has become stale.
departments being left alone to discharge their When a case is moot and academic, it ceases to
duties as they see fit…. More specifically, as long be a case and controversy. Any decision reached
as any proposed amendment is still unacted on by by the court would not be conclusive on the
it, there is no room for the interposition of judicial parties.
oversight. Only after it has made concrete what it
intends to submit for ratification may the Exceptions to mootness:
appropriate case be instituted. Until then, the 1) If the question is capable of repetition
courts are devoid of jurisdiction. and evasive of review.
2) If there exits a mere possibility of
3. Ripeness collateral legal consequences if the court does
not act.
A constitutional question may come to 3) Voluntary cessation from the wrongful
the court either too early or prematurely, so that act by the defendant, if he is free to return to his
it is still abstract (advisory opinion), or too late, old ways.
so that the court's decision would no longer affect
the parties (mootness). The court must resolve C. Functions of Judicial Review
constitutional issues only when they come to it at
the right time (ripeness). 1. Checking - invalidating a law or an
Gonzales vs. COMELEC executive act that is found to be contrary to the
Constitution.

7
anticipation of adverse ruling). And yet, the SC
2. Legitimating (legitimizing) - noting that as the fiscal said the dismissal of the
upholding the validity of the law which results charges was without prejudice to the filing of new
from a mere dismissal of a case challenging the ones for the same acts because the petitioner has
validity of that law. not been arraigned and double jeopardy does not
apply, the case is not entirely moot, decided to
When the Court exercises this function, it perform its duty to "formulate guiding and
uses the double negative by declaring that the controlling constitutional principles, precepts and
law is "not unconstitutional". This is no mere doctrines or rules" for the guidance of the bar
semantics. The Court cannot declare the law and bench. It thus, went on to lecture about its
constitutional for it enjoys the presumption of antiquated understanding of the inciting test, and
constitutionality, so that a declaration to that how it could not be proved by a mere
effect by the court would not make it more photograph.
constitutional. On the other hand, anyone who
challenges the validity of a law has the burden of Javier v COMELEC,
proof to show its invalidity. Declaring that the The case was already mooted not only by
law is not unconstitutional is tantamount to the death of Evelio Javier, but also by the
saying that the challenger has not met the burden abolition of Batasan, the Antique seat which he
required. and Pacificador were contesting for. And yet the
SC, claiming to be "not only the highest arbiter of
*Legitimating and Checking Aspects of Judicial legal questions but also the conscience of the
Review. Dismissal of Challenge to a Law's government," decided the case anyway "for the
Validity Legitimizes it. guidance of and as a restraint upon the future.
The citizen comes to us in quest of law but we
In Occena v COMELEC, which sought an must also give him justice. The 2 are not always
injunction to prohibit the COMELEC from the same. There are times when we cannot grant
proceeding with the plebiscite for the proposed the latter bec. the issue has been settled and the
1981 amendments, and in Mitra v COMELEC, decision is no longer possible according to the
which sought a mandamus to compel the law. But there are also times when although the
COMELEC to hold a plebiscite to ratify the 1973 dispute has disappeared, as in this case, it
Constitution, both prayers based on the premise nevertheless cries out to be resolved. Justice
that the 1973 Constitution had not been ratified, demands that we act then, not only for the
the SC held that the failure of the Court in the vindication of the outraged right, though gone,
Javellana v Executive Secretary case to muster but also for the guidance of and as a restraint
the votes required to declare the 1973 upon the future."
Constitution as being invalidly ratified, which
resulted in the dismissal of the suit questioning Demeteria v Alba,
the validity of the ratification of the Constitution, The SC struck down Sec. 44 of PD 1177,
in effect legitimated the ratification. In Occena, authorizing the President to transfer funds from
the Court ruled that: one department to another, on the ground that it
overextended the privilege granted under Art.
"The Supreme Court can check as VIII, sec. 16(5) of the 1973 Constitution, even if
well as legitimate. In the latter case, such provision was already abrogated by the
there is an affirmation that what was Freedom Constitution. Then, citing the Javier
done cannot be stigmatized as case on the need "not only for the vindication of
constitutionally deficient. The mere an outraged right, though gone, but also for the
dismissal of a suit of this character guidance of and as a restraint upon the future," it
suffices. That is the meaning of the lectured on how this law would open the
concluding statement in the Javellana floodgates for the enactment of unfunded
resolution. Since then, the Court has appropriations, uncontrolled executive
invariably applied the present expenditures, diffusion of accountability for
Constitution." budgetary performance, and entrenchment of the
pork barrel system, and on how this would create
3. Symbolic - to educate the bench and temptations for misappropriation and
bar as to the controlling principles and concepts embezzlement.
on matters of great public importance.
Salonga v Cruz-Pano,
The case against petitioner for subversion
which was filed by the fiscal on the basis of flimsy
testimony given by Victor Lovely was already
dismissed without prejudice by the fiscal (upon

8
Tanada vs. Cuenco
* All courts can exercise judicial review ISSUE: Assails the validity of nomination in the
Senate Electoral Tribunal of 2 other senators from
Art. VIII, Sec. 5(2). The Supreme the majority party
Court shall have the following powers:
xxx HELD: The term "political question" connotes, in
(2) Review, revise, reverse, modify, or legal parlance, what it means in ordinary
affirm on appeal or certiorari as the law or the parlance, namely, a question of policy. It refers to
Rules of Court may provide, final judgments and those questions which, under the Constitution,
orders of lower courts in : are to be decided by the people in their sovereign
(a) All cases in which the constitutionality capacity, or in regard to which full discretionary
or validity of any treaty, international or authority has been delegated to the Legislature or
executive agreement, law, presidential decree, executive branch of the Government (16 C. J. S.,
proclamation, order, instruction, ordinance, or 413). It is concerned with issues dependent upon
regulation is in question. the wisdom, not legality, of a particular measure.
(b) All cases involving the legality of any The Senate is not clothed with "full
tax, impost, assessment, or toll, or any penalty discretionary authority" in the choice of members
imposed in relation thereto. of the Senate Electoral Tribunal. The exercise of
(c) All cases in which the jurisdiction of its power thereon is subject to constitutional
any lower court is in issue. limitations. It is clearly within the legitimate
(d) All criminal cases in which the province of the judicial department to pass upon
penalty imposed is reclusion perpetua or higher. the validity of the proceedings in connection
(e) All cases in which only an error or therewith. Hence, this Court has, not only
question of law is involved. jurisdiction, but, also the duty, to consider and
determine the principal issue raised by the parties
herein.
D. Political Question
An issue is a political question when it PBA v COMELEC,

does not deal with the interpretation of a law and We see a reversal of judicial review. The
its application to a case, but with the very case was clearly a justiciable controversy. Is the
wisdom of the law itself. When a judge attempts resignation submitted by Marcos, which was
to resolve a political question, he is not exercising conditioned on the election, proclamation and
a judicial function, but is rather supplanting his assumption into office by the elected President, a
conscience to that of the political branch of the valid resignation as to authorize the Batasan to
government. pass a Snap Election Law? The Court could have
validly issued an injunction to stop the COMELEC
Baker v. Carr, has attempted to formulate some from proceeding with the preparations for the
guidelines for determining whether a question is election. But it did not, citing its delay in deciding
political or not. the case and the sentiments of the people that
developed in the meantime as reason for its
“Prominent on the surface of any inaction. According to the court, what at first was
case held to involve a political question is a legal question became a political question
found a textually demonstrable because it was overtaken by events.
constitutional commitment of the issue to
a political department; or a lack of VV: A Court which does not issue an
judicially discoverable and manageable injunction to enjoin an official act when it could
standards for resolving it; or the have issued one is actually deciding the case in
impossibility of deciding without an initial favor of the validity of the act. Failure to issue an
policy determination of a kind clearly for injunction is as much an exercise of judicial
non-judicial discretion; or the review.
impossibility of a court's undertaking
independent resolution without Romulo v Yniguez,
expressing lack of the respect due We see another trend of judicial review.
coordinate branches of government; or What seems like a legal question when viewed in
an unusual need for unquestioning isolation (namely, whether the rules of the
adherence to a political decision already Batasan enabling it to shelf a complaint for
made, or the potentiality of impeachment against the President is
embarrassment from multifarious constitutional.) is really a political question when
pronouncements by various departments viewed in a broader context (i.e., that the case
on one question.” was filed against the Speaker of a co-equal
branch to compel him by mandamus to recall the

9
complaint from the archive, and that the ultimate inoperative only upon the judicial declaration of
result of the case was to question the decision of its invalidity. And even so, the invalidation
the Batasan to shelve the case, a matter, that is produces no retroactive effect, since it would be
solely committed to that department.) unjust to hold that the law did not produce any
Yet, despite the really political nature of effect at all prior to its nullification. From the
the question, the SC passed on the validity of the time the law was promulgated to the time it was
rules to erase doubts that may still be declared invalid, people would have entered into
entertained. various transactions and relations, expecting and
in fact compelled to presume that the law is valid.
Advisory Opinion Thus, to now hold that the law never produced
any effect would penalize those who in faith
A case becomes an advisory opinion believed the laws passed by their representatives
when there is no actual case and controversy that to be in accordance with their solemn duty under
demands constitutional construction for its the Constitution.
resolution. This may take the form of declaratory
relief. It is not wise for the court to engage in an As the court put it in Chicot County
advisory opinion because: District v Baxter State Bank, the past cannot
a) This only leads to dialectics, to always be erased, so that statements of principle
abstract legal arguments and sterile conclusions of absolute retroactivity is not acceptable in all
(Laurel quoting Frankfurter) cases. Said the court,
b) The judicial function is impoverished
since it thrives on facts that draw out the "[T]he actual existence of a statute,
meaning of the law. prior to such determination, is an
operative fact, and may have
E. Effect of a Declaration of consequences which cannot justly be
Unconstitutionality ignored. The past cannot always be
erased by a new judicial declaration. The
Civil Code, Art. 7. effect of the subsequent ruling as to
XXX invalidity may have to be considered in
WHEN THE COURTS DECLARE A LAW TO various aspects with respect to particular
BE INCONSISTENT WITH THE CONSTITUTION, relations, individual and corporate, and
THE FORMER SHALL BE VOID AND THE LATTER particular conduct, private and official.
SHALL GOVERN. xxx "
XXX
The case of Serrano de Agbayani v PNB is in

The effect of a declaration that a law is point.
unconstitutional is to make the law either void or
voidable. In 1939, Agbayani borrowed P450 from
PNB secured by a realty mortgage. In 1944, the
It is void if on its face, it does not enjoy loan matured but PNB could not collect because it
any presumption of validity. As such, it produces was at this time of the war. In 1945, Pres.
no effect whatsoever, creates no right or office, it Osmena issued the Debt Moratorium Law (EO
imposes no duty. Whatever penalty was paid #32), suspending the payment of loans for four
during the period of its operation must be years due to the ravages of war. In 1948, RA 342
remitted. extended the Debt Moratorium Law for another
eight years (up to 1956). In 1953, however, the
An example is BP 52 in Igot v SC declared RA 342 as unconstitutional in the
COMELEC, providing that anyone who has been case of Rutter v Esteban. In 1959, PNB filed a
charged of rebellion, etc. is prima facie presumed suit for payment of the loan. Has the action
to be disqualified from running for a local post. prescribed?
On its face, it blatantly goes against the
constitutional presumption of innocence. If we take the orthodox view, the action
has prescribed, since the declaration of RA 342
Another example is a law imposing prior as unconstitutional retroacted to 1945 when EO
restraint which is, according to Sullivan v 32 was first issued. Between 1944 when the loan
Bantam Books, and US v New York Times, matured and 1959, when PNB collected the loan,
presumptively unconstitutional. 15 years had elapsed.
But a law declared unconstitutional is [The orthodox view was announced by

only voidable if, on its face, it enjoys the Mr. J. Field, in the case of Norton vs. Shelby
presumption of validity. In this case, it becomes County where the court held that:

10
organized sovereign community,
"xxx. An unconstitutional act is not a independent of outside control, bound by
law; it confers no rights; it imposes no ties of nationhood, legally supreme within
duties; it affords no protection; it creates its territory, and acting through
no office; it is, in legal contemplation, government functioning under a regime
inoperative, as if it had not been passed.] of law.
But if we take the unorthodox view, as

the SC did, the action could still prosper. The II. COMPONENTS OF THE
period from 1945 when the law was promulgated,
to 1953 when it was declared unconstitutional
PHILIPPINE STATE.
should not be counted for the purpose of
A. TERRITORY
prescription since the Debt Moratorium Law was
operative during this time. In effect, only 7 years
 ARTICLE I, 1987 Constitution
had elapsed (1944-45, 1953-59).
The national territory comprises the Philippine
Indeed, it would be unjust to punish the
archipelago, with all the islands and waters
creditor who could not collect prior to 1953
embraced therein, and all other territories over
because the Debt Moratorium Law was effective,
which the Philippines has sovereignty or
only to be told later that his respect for an
jurisdiction, consisting of its terrestrial, fluvial,
apparently valid law made him lose his right to
and aerial domains, including its territorial sea,
collect.
the seabed, the subsoil, the insular shelves, and
other submarine areas. The waters around,
Art. 7 of the Civil Code which provides
between, and connecting the islands of the
that, "When the courts declare a law to be
archipelago, regardless of their breadth and
inconsistent with the Constitution, the former
dimensions, form part of the internal waters of
shall be void and the latter shall govern." seems
the Philippines.
to be the orthodox view on the matter.
 Philippine territory consists of:
 the Philippine archipelago; and
 all territories over which the Philippines
THE STATE has sovereignty or jurisdiction
 The Archipelagic Doctrine: Bodies of water

within the baseline, regardless of breadth,
I. STATE DEFINED. form part of the archipelago and are
considered as internal waters.
 Prof. Borlongay, quoting Garner, Introduction
to Political Law, 41: A State is a community
of persons, more or less numerous,
B. PEOPLE
permanently occupying a fixed territory and
possessed of an independent government
 Three Meanings of the word “people”
organized for political ends to which the great
body of inhabitants render habitual
1. Inhabitants, as used in:
obedience.
 ARTICLE II, Section 15, 1987
 ELEMENTS:
Constitution
a. People --- inhabitants of the State
b. Territory --- fixed portion of the surface
The State shall protect and promote the right to
of the earth inhabited by the people of
health of the people and instill health
the State
consciousness among them.
c. Government --- agency/ instrumentality
through which the will of the State is
 ARTICLE II, Section 16, 1987
formulated, expressed, and realized
Constitution
d. Sovereignty --- supreme and
uncontrollable power inherent in a State
The State shall protect and advance the right of
by which that State is governed
the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature.
 CASE: Collector of Internal
 ARTICLE III, Section 2, 1987 Constitution
Revenue v. Campos Rueda [42 SCRA
23 (1971)]: A State is a politically
The right of the people to be secure in their

11
persons, houses, papers, and effects against decisions, as well as to government research data
unreasonable searches and seizures of whatever used as basis for policy development, shall be
nature and for any purpose shall be inviolable x x afforded the citizen, subject to such limitations as
x may be provided by law.
 ARTICLE XIII, Section 1, 1987 3. Electors, as used in:

Constitution
 ARTICLE VII, Section 4, 1987
The Congress shall give highest priority to the Constitution
enactment of measures that protect and enhance
the right of all the people to human dignity, The President and the Vice-President shall be
reduce social, economic, and political inequalities, elected by direct vote of the people x x x
and remove cultural inequities by equitably
diffusing wealth and political power for the  ARTICLE XVI, Section 2, 1987
common good. Constitution
The Congress may, by law, adopt a new name for

 CASE: Qua Chee Gan v. Deportation the country, a national anthem, or a national
Board [9 SCRA 27 (1963)]: The right seal, which shall all be truly reflective and
of an individual to be secure in his person symbolic of the ideals, history, and traditions of
is guaranteed by the Constitution. Under the people. Such law shall take effect only upon
our Constitution, the same is declared a its ratification by the people in a national
popular right of the people and referendum.
indisputably applies to both citizens and
foreigners in this country.  ARTICLE XVIII, Section 25, 1987
Constitution
2. Citizens, as used in:
After the expiration in 1991 of the Agreement
 PREAMBLE, 1987 Constitution between the RP and USA concerning Military
Bases, foreign military bases, troops, or facilities
We, the sovereign Filipino people, imploring the shall not be allowed in the Philippines except
aid of Almighty God, in order to build a just and under a treaty duly concurred in by the Senate
humane society and establish a government that and, when the Congress so requires, ratified by a
shall embody our ideals and aspirations, promote majority of the votes cast by the people in a
the common good, conserve and develop our national referendum held for that purpose, and
patrimony, and secure to ourselves and our recognized as a treaty by the other contracting
posterity the blessings of independence and State.
democracy under the rule of law and a regime of
truth, justice, freedom, love, equality, and peace,  Who are citizens: ARTICLE IV, Section 1,
do ordain and promulgate this Constitution. 1987 Constitution
 ARTICLE II, Section 1, 1987 Constitution  citizens of the Philippines at the time of
the adoption of this Constitution;
The Philippines is a democratic and republican  those whose fathers or mothers are
State. Sovereignty resides in the people and all citizens of the Philippines;
government authority emanates from them.  those born before January 17, 1973, of
Filipino mothers, who elect Philippine
 ARTICLE II, Section 4, 1987 Constitution citizenship upon reaching the age of
majority; and
The prime duty of the Government is to serve and  those naturalized in accordance with law.
protect the people. The Government may call
upon the people to defend the State and, in the  The right of election permitted under ARTICLE
fulfillment thereof, all citizens may be required, IV, Section 1 (3), 1987 Constitution, is
under conditions provided by law, to render available only to those born to Filipino
personal military, or civil service. mothers under the 1935 Constitution, who,
had that charter not been changed, would
 ARTICLE III, Section 7, 1987 Constitution have been able to elect Philippine citizenship
upon attaining majority age. Obviously,
The right of the people to information on matters election is not necessary in the case of a child
of public concern shall be recognized. Access to born to a Filipino mother under the present
official records, and to documents, and papers Constitution, as such child is considered a
pertaining to official acts, transactions, or Filipino citizen at birth.

12
(1)
 Ombudsman and his deputies
 CASE: Co v. Electoral Tribunal of the ARTICLE XI, Section 8
House of Representatives [199 SCRA  Members of Constitutional Commissions
692 (1991)]: ARTICLE IV, Section 1 (3), (CSC) ARTICLE IX B, Section 1 (1)
1987 Constitution applies not only to (COMELEC)ARTICLE IX C, Section 1 (1)
those who elect Philippine citizenship (COA) ARTICLE IX D, Section 1 (1)
after February 2, 1987, but also to those  Members of the Central Monetary
who, having been born of Filipino Authority
mothers, elected citizenship before that ARTICLE XII, Section 20
date. This is to correct the anomalous  Members of the Commission on Human
situation where one born of a Filipino Rights ARTICLE XIII, Section 17 (2)
father and an alien mother was
automatically granted the status of a
natural-born citizen, while one born of a  As per ARTICLE XII, Section 8, 1987
Filipino mother and an alien father would Constitution, a natural-born citizen of the
still have to elect Philippine citizenship. Philippines who has lost his Philippine
citizenship may still be a transferee of private
Moreover, when Ong was nine years old, lands, subject to limitations provided by law.
his father became a naturalized Filipino.
Section 15 of the Revised Naturalization  Grounds for Loss of Citizenship:
Act squarely applies its benefit to him for  Naturalization in a foreign country [CA
he was then a minor residing in the 63, Sec.1 (1)]
country. Concededly, it was the law itself  Express renunciation or expatriation [CA
that had elected Philippine citizenship for 63, Sec.1 (2)]
Ong by declaring him as such.  Taking an oath of allegiance to another
country upon reaching the age of
 Who are natural-born citizens: ARTICLE majority
IV, Section 2, 1987 Constitution  Accepting a commission and serving in
the armed forces of another country,
 citizens of the Philippines from birth unless there is an offensive/ defensive
without having to perform any act to pact with the country, or it maintains
acquire or perfect their Philippine armed forces in RP with RP’s consent
citizenship; and  Denaturalization
 those who elect Philippine citizenship in  Being found by final judgment to be a
accordance with ARTICLE IV, Section 1 deserter of the AFP
(3)  Marriage by a Filipino woman to an alien,
if by the laws of her husband’s country,
 The following are natural-born citizens: he becomes a citizen thereof
 citizens of the Philippines at the
time of the adoption of the 1987  Expatriation is a constitutional
Constitution right (Go Gullian v.
 those born of Filipino mothers/ fathers Government). No one can be
(after 17 January 1973) compelled to remain a Filipino if
 those born before 17 January 1973, of he does not want to.
Filipino mothers, who elect Philippine
citizenship upon reaching the age of EXCEPTION: A Filipino may not divest himself of
majority Philippine citizenship in any manner while the
 those naturalized in accordance with law Republic of the Philippines is at war with any
country. (Sec. 1 (3), Com. Act No. 63)
 Who must be natural-born
citizens:  How may citizenship be reacquired?
 President 1. Naturalization (Com. Act No. 63 and

ARTICLE VII, Section 2 Com. Act No. 473)
 Vice-President  now an abbreviated process,
ARTICLE VII, Section 3 with no need to wait for 3 years
 Members of Congress (1 year for declaration of intent,
ARTICLE VI, Sections 3 and 2 years for the judgment to
and 6 become executory)
 Justices of SC and lower collegiate courts  applicant must:
ARTICLE VIII, Section 7 a.) be 21 years of age

13
b.) be a resident for 6 months does not distinguish between an
c.) have good moral character applicant who was formerly a Filipino
d.) have no disqualification citizen and one who was never such.
2. Repatriation Failure to comply with the posting and

 woman who by her marriage lost publication requirements under the law
her citizenship rendered null and void the proceedings
 those declared by authorities to conducted, the decision rendered, and
be deserters of the Armed Forces the oath of allegiance taken.
3. Legislative Act  CASE: Labo v. COMELEC [176 SCRA

 both a mode of acquiring and 1]: CA No. 63 enumerates the modes by
reacquiring citizenship which Philippine citizenship may be lost,
and among them are: 1) naturalization in
 Dual allegiance (ARTICLE IV, Section 5, 1987 a foreign country, 2) express
Constitution) contemplates the case of aliens renunciation of citizenship, and 3)
who are naturalized as Filipinos but remain subscribing to an oath of allegiance to
loyal to their country of origin, as well as the support the Constitution or laws of a
case of public officers who, while serving the foreign country. Meanwhile, Philippine
government, seek citizenship in another citizenship may be reacquired by direct
country. act of Congress, by naturalization, or by
repatriation.
 Under Sec. 40 (d) of the Local Government
Code, those with dual citizenship are  CASE: Labo v. COMELEC [211 SCRA
disqualified from running for any elective 297 (1992)]: In the absence of any
local position. (but see Mercado v. official action or approval by proper
Manzano GR 135083 May 26, 1999) authorities, a mere application for
repatriation does not, and cannot,
amount to an automatic reacquisition of
the applicant’s Philippine citizenship.
 CASE: Republic v. Li Yao [214 SCRA
718]: A certificate of naturalization  CASE: Yu v. Defensor-Santiago [169
(CON) may be cancelled if it is SCRA 364]: Yu lost his Philippine
subsequently discovered that the citizenship via express renunciation when
applicant obtained it by misleading the with full knowledge and capacity he
court upon any material fact. Law and applied for a renewal of his Portuguese
jurisprudence even authorize the passport and represented himself as such
cancellation of a CON upon grounds/ in official documents.
conditions which arise subsequent to the
granting of such certificate. Moreover, a  CASE: Aznar v. COMELEC [185 SCRA
naturalization proceeding is not a judicial 703 (1990)]: Considering the fact that
adversary proceeding, the decision admittedly, Osmeña was both a Filipino
rendered therein does not constitute res and an American, the mere fact that he
judicata as to any matter that would has a certificate stating that he is an
support a judgment canceling a CON on American does not mean that he is not
the ground of illegal or fraudulent still a Filipino, since there has been NO
procurement thereof. EXPRESS renunciation of his Philippine
citizenship.
 CASE: Frivaldo v. COMELEC [174
SCRA 245 (1989)]: Mere filing of  CASE: People v. Manayao [74 Phil
certificate of candidacy is not a sufficient 721 (1947)]: It would shock the
act of repatriation. Repatriation requires conscience of any enlightened citizenry to
an express and equivocal act. say that Manayao, by the very fact of
committing the treasonous acts charged
 CASE: Republic v. De La Rosa [232 against him, divested himself of his
SCRA 785]: A former citizen who opts to Philippine citizenship and thereby placed
reacquire Philippine citizenship thorough himself beyond the arm of our treason
naturalization under Com. Act No. 63 is law. If this were so, his very crime would
duty-bound to follow the procedure be the shield that would protect him from
prescribed by law, and it is not for him to punishment.
decide and select the requirements which
he believes are inconvenient. The law  CASE: Caasi v. CA: To be “qualified to

14
run for elective office” in the Philippines,  HOWEVER, the distinction between
the law (Sec. 68 of the Omnibus Election constituent and ministrant functions is not
Code requires that the candidate who is a relevant in our jurisdiction. PVTA v. CIR
green card holder must have “waived his [65 SCRA 416] reiterated the ruling in ACCFA
status as a permanent resident v. Federation of Labor Unions [30 SCRA
immigrant of a foreign country.” 649] that the distinction has been blurred
Therefore, private respondent’s act of because of the repudiation of the laissez-faire
filing a certificate of candidacy for policy in the Constitution.
elective office does not constitute such
waiver. The waiver of his green card  “Government of the Republic of the
should be manifested by some act/s Philippines” is defined as “the corporate
independent of and done prior to the governmental entity through which the
filing of his candidacy. functions of government are exercised
throughout the Philippines, including, save as
 CASE: People v. Avengoza [119 SCRA the contrary appears from the context, the
119 (1982)]: A woman who lost her various arms through which political authority
Philippine citizenship by reason of her is made effective in the Philippines, whether
marriage to a Chinese citizen and thereby pertaining to the autonomous regions, the
gaining the latter’s citizenship, must first provincial, city, municipal, or barangay
judicially prove that she was Filipino subdivisions, or other forms of local
citizen prior to her marriage, before she government.” (Sec. 2 (1), Administrative
can be repatriated by virtue of the death Code of 1987)
of her husband.
 What is the doctrine of parens patriae?
 CASE: Jao v. Republic [121 SCRA 358
(1983)]: There is no law requiring or Parens patriae is the task of the government to
authorizing that repatriation should be act as guardian of the rights of the people. This
effected by a judicial proceeding. All prerogative of parens patriae is inherent in the
that is required for a female Philippine supreme power of every state, whether that
citizen who lost her citizenship to an alien power is lodged in a royal person or in the
to reacquire Philippine citizenship upon legislature, and has no affinity to those arbitrary
the termination of her marital status is powers which are sometimes exerted by
for her to take the necessary oath of irresponsible monarchs to the great detriment of
allegiance to the RP and to register the the people and the destruction of their liberties.
said oath in the proper civil registry. (Cruz)
Reacquisition of citizenship is a purely
administrative procedure.  What are de jure and de facto governments?
A de jure government has rightful title but no

C. GOVERNMENT power or control, either because this has been
withdrawn from it, or because it has not yet
 “Government” is that institution or aggregate actually entered into the exercise thereof. A de
of institutions by which an independent facto government is a government of fact, that is,
society makes and carries out those rules of it actually exercises power or control but without
action which are necessary to enable men to legal title.
live in a social state or which are imposed
upon the people forming that society by those  What are the 3 kinds of de facto government?
who possess the power or authority of
prescribing them. (US v. Door 2 Phil 332) 1. that which gets possession and control
of, or usurps, by force or by the voice of
 FUNCTIONS: the majority, the rightful legal
government, and maintains itself against
1. Constituent functions the will of the latter;
 constitute the very bonds of society 2. that established as an independent
 compulsory government by the inhabitants of a
2. Ministrant functions country who rise in insurrection against
 undertaken to advance the general the parent state;
interests of society 3. that which is established and maintained
 optional by military forces who invade and occupy
 e.g. public works, public charity, and a territory of the enemy in the course of
regulation of trade and industry war, and which is denominated as a
government of paramount force, like the

15
Second Republic of the Philippines, capacity, it generally enjoys sovereign
established by the Japanese belligerents immunity.
 Characteristics of the 3rd kind of de facto  What is JURISDICTION?

government:
 its existence is maintained by active  Jurisdiction is the manifestation of
military power within the territories, and sovereignty. The jurisdiction of the state is
against the rightful authority of an understood as both its authority and the
established and lawful government sphere of the exercise of that authority.
 during its existence, it must necessarily (Sinco)
be obeyed in civil matters by private
citizens who, by acts o obedience  KINDS:
rendered in submission to such force, do 1.) Territorial jurisdiction
not become responsible as wrongdoers  authority of the State to have all
for those acts, though not warranted by persons and things within its
the laws of the rightful government territorial limits to be completely
subject to its control and
protection
D. SOVEREIGNTY
2.) Personal jurisdiction
 Sovereignty is the supreme and  authority of the State over its
uncontrollable power inherent in a State by nationals, their persons, property,
which the State is governed and acts, whether within or outside
its territory.
 KINDS:  ex. Civil Code provision that
1. Legal sovereignty --- power to issue final prohibitory and mandatory laws
commands follow citizens wherever they go
2. Political sovereignty --- power behind the
legal sovereign, or the sum total of the 3.) Extraterritorial jurisdiction
influences that operate upon it  authority of the State over persons,
3. Internal sovereignty --- power to control things, or acts, outside its territorial
domestic affairs limits by reason of their effects to its
4. External sovereignty (also known as territory
independence) --- power to direct  ex. ART. 2 of the Revised Penal Code
relations with other states
 What is the basis of the
 What is the “Theory of Auto-Limitation”? “doctrine of sovereign
immunity”?
 It is the property of the State-force due to  ARTICLE XVI, Section 3, 1987
which a State has exclusive legal competence Constitution: The State may not be sue
of self-limitation and self-restriction. without its consent.
 Positivist theory: There can be no legal
 What is the difference between “dominium” right as against the authority that makes
and “imperium”. the laws on which the right depends.
[Kawananakoa v. Polyblank 205 US
 “Dominium” refers to the capacity of the 349]
State to own property. It covers such rights  Sociological theory: If the State is
as title to land, exploitation and use of it, and amenable to suits, all its time would be
disposition or sale of the same. The Regalian spent defending itself from suits and this
doctrine whereby all lands of the public would prevent it fro performing it other
domain belong to the State, and anyone functions. [Republic v. Villasor 54
claiming title has the burden to show SCRA 83]
ownership, comes within this concept. In this
capacity, the State descends to the status of  Is the “doctrine of sovereign immunity”
ordinary persons and thus becomes liable as available to foreign States?
such.  YES, it is, insofar as they are sought to
be sued in the courts of the local State.
 “Imperium” refers to the State’s authority to The added basis in this case is the
govern. It covers such activities as passing principle of the sovereign equality of
laws governing a territory, maintaining peace States, under which one State cannot
and order over it, and defending it against assert jurisdiction over another. To do
foreign invasion. When the State acts in this so would “unduly vex the peace of

16
nations.” (Cruz) for public use or purpose
 What is the procedure to be followed

 When is a suit against the State? regarding money claims against the
 A suit is against the State regardless of government?
who is named the defendant, if it
produces adverse consequences to the  All money claims against the government
public treasury in terms of disbursement must be filed with the Commission on
of public funds and loss of government Audit, which has 60 days within which to
property. When a suit is against the act. If it fails to so act, the claimant
State, it cannot prosper unless the State must wait anyway. Once a decision has
has given its consent. been made, he has 30 days to appeal by
certiorari, said decision to the Supreme
 In the following cases, it was held that Court.
the suit is not against the State:
a.) when the purpose of the suit is  ART. 2180 of the Civil Code allows a suit
to compel an officer charged with against the government for quasi-delicts
the duty of making payments committed by the government when acting
pursuant to an appropriation the employee in his personal capacity. But if
made by law in favor of the the tortuous act was committed by a regular
plaintiff to make such payment, employee, the injured party could only bring
since the suit is intended to a suit for damages against the employee in
compel performance of a his personal capacity.
ministerial duty. (Begoso v. PVA
and Del Mar v. PVA)  When the Government creates a corporation,
b.) when from the allegations in the it invariably provides this corporation a
complaint, it is clear that the separate entity and with the capacity to sue
respondent is a public officer and be sued. If the government entity is
sued in a private capacity; given the capacity to be sued, the suit
c.) when the action is not in encompasses any kind of action, including
personam with the government one from tort.
as the named defendant, but an
action in rem that does not name  Consent to be sued includes actions
the government in particular. based on quasi-delict even though
committed by regular, and not special,
 How is the State’s consent to be sued given? agents. So the rule, it seems, is that a
government entity can be sued for tort,
 The consent of the State to be sued may but if it is, it can invoke the defense
be manifested expressly or impliedly. that it acted through its regular
Express consent may be embodied in a employee, and not through a special
general law or a special law. It is agent.
effected only by the will of the legislature
through the medium of a duly enacted  When the government is in the
statute. Consent is implied when the performance of a governmental function
State enters into a contract or itself (jure imperii), even if it enters into a
commences litigation. contract with private persons, it cannot
be sued without its consent. But when
However, distinctions must be made the government enters into commercial
between sovereign and proprietary acts contracts and descends to the status of
since the State may only be liable for ordinary persons (jure gestioni), it can
proprietary acts. As for the filing of a be sued like any other person.
complaint by the government, suability
will result only where the government is  When consent to be sued is provided by
claiming affirmative relief from the the charter, the consent does not sop
defendant. with the rendition of the judgment, but
goes up to the satisfaction of the
 In what instances is implied consent shown? judgment.
 When the government enters into
business contracts
 When it would be inequitable for the
State to invoke its immunity  CASE: Republic v. Villasor [54 SCRA
 When the State takes private property 83 (1973)]: It is a fundamental

17
postulate of constitutionalism flowing benefit of plaintiff.
from the juristic concept of sovereignty
that the State as well as its government
is immune from suit unless it gives its  CASE: Del Mar v. PVA [51 SCRA 340
consent. A sovereign is exempt from (1973)]: The doctrine of immunity of the
suit, not because of any formal government from suit finds no application
conception or obsolete theory, but on the where a claimant institutes an action
logical and practical ground that there against a functionary who fails to comply
can be no legal right as against the with his statutory duty to release the
authority that makes the law on which amount claimed from the public funds
the right depends. already appropriated by statute for the
benefit of said claimant.
Social jurisprudence supplies a similar
answer. A continued adherence to the  CASE: Shauf v. CA [191 SCRA 713
doctrine of non-suability is not to be (1990)]: Inasmuch as the State
deplored for as against the inconvenience authorizes only legal acts by its officers,
that may be caused private parties, the unauthorized acts of government officials
loss of government efficiency and the or officers are not acts of the State, and
obstacle to the performance of its an action against the officials or officers
multifarious functions are far greater if by one whose rights have been invaded
such a fundamental principle were or violated by such acts, for the
abandoned and the availability of judicial protection of his rights, is not a suit
remedy were not thus restricted. against the State.
 CASE: Republic v. Feliciano [148 The doctrine of immunity from suit will
SCRA 424]: A suit against the not apply and may not be invoked where
government for the recovery of the public official is being sued in his
possession and ownership of land based private and personal capacity as an
on a possessory information should be ordinary citizen, for acts without
disallowed because a suit for the authority or in excess of the powers
recovery of property is an action in vested in him. A public official may be
personam which seeks to bring the State liable in his personal capacity for
to court just like any private person who whatever damage he may have caused
is claimed to usurp a piece of property. by his act done with malice and in bad
faith, or beyond the scope of his
What the plaintiff should have done was authority or jurisdiction.
to apply for a judicial confirmation of
imperfect title under Sec. 48 (b) of Com.  CASE: Republic v. Sandoval [220
Act No. 141, which is an action in rem, SCRA 124 (1993)]: The principle of
i.e., one directed against the whole world State immunity from suit does not apply
and not the government in particular. when the relief demanded requires no
affirmative official action on the part of
The Proclamation of the President of the the State no the affirmative discharge of
Philippines recognizing private rights to any obligation which belongs to the State
the land cannot be the source of the in its political capacity, even though the
State’s consent to be sued since said officers or agents who are made
proclamation is not a legislative act. defendants claim to hold or act only by
virtue of a title of the State and as its
 CASE: Begosa v. Chairman of PVA agents and servants.
[32 SCRA 466 (1970)]: Where a
litigation may have adverse  CASE: Republic v. Purissima [78
consequences on the public treasury, SCRA 470 (1977)]: A contract entered
whether in the disbursement of funds or into by the Rice and Corn Administration
loss of property, the public official (RCA) stipulating that in the event of
proceeded against not being liable in his breach, action may be filed by the
personal capacity, then the doctrine of parties, cannot be the basis of a money
non-suability may appropriately be claim against the RCA, a government
invoked. It has no application however, entity under the Office of the President,
where the suit against such a functionary since the RCA had no authority to bind
had to be instituted because of his failure the government to be sued. Only a
to comply with the duty imposed by statute could.
statute appropriating public funds for the

18
the other hand, it can never be held
liable if it does not first consent to be
sued. Liability is not conceded by the
 CASE: Sayson v. Singson [54 SCRA mere fact that the State has allowed
282 (1973)]: The suit disguised as one itself to be sued. When the State does
for mandamus to compel the Auditor to waive its sovereign immunity, it is only
approve the vouchers for payment, is a giving the plaintiff a chance to prove that
suit against the State, which cannot the defendant is liable.
prosper or be entertained by the courts
except with the consent of the State. ART. 2180 of the Civil Code establishes a
The respondent should have filed his rule of liability, not suability. The
claim with the General Auditing Office, government may be held liable under this
under the provisions of CA 327, which article only if it first allows itself to be
prescribe the conditions under which sued through any of the accepted forms
money claims against the government of consent. Moreover, the agent
may be filed. performing his regular functions is not a
special agent even if he is so
Once the consent is secured, an action denominated. Lastly, the said provision
may be filed. But there is nothing to appears to regulate only the relations of
prevent the State from requiring that the local state with its inhabitants and
certain administrative proceedings be had hence, applies only to the Philippine
and exhausted. government and not to foreign
governments impleaded in our courts.
 CASE: Merritt v. Government of the
Philippine Islands [34 Phil 311]: The  CASE: PNB v. CIR [81 SCRA 314
Government of the Philippine Islands is (1978)]: By engaging in business
only liable for the acts of its agents, through the instrumentality of a
officers and employees, when they act as corporation, the government divests itself
special agents within the meaning of of its sovereign character, so as to render
(ART. 2180 (6)). A special agent is one the corporation subject to the rules
who receives a definite and fixed order or governing private corporations.
commission, foreign to the exercise of Garnishment is a proper remedy for a
the duties of his office if he is a special prevailing party to proceed against the
official. The special agent acts in funds of a corporate entity even if owned
representation of the State and executes or controlled by the government.
the trust confided to him. This concept
does not apply to any executive agent Since the PHHC has the capacity to be
who is an employee of the active sued, any judgment against it could be
administration and who on his own enforced by a writ of execution, and its
responsibility performs the functions funds could even be garnished.
which are inherent in and naturally
pertain to his office and which are  CASE: Rayo v. CFI of Bulacan [110
regulated by law and the regulations. SCRA 456]: The government has
The responsibility of the State is limited organized the NPC as a private
to that which it contracts through a corporation, put money in it, and has
special agent, duly empowered by a allowed it to sue and be sued in any court
definite order or commission to perform under its charter. As a GOCC, it has a
some act or charged with some definite personality of its own, distinct and
purpose which gives rise to the claim, separate from that of the government.
and not when the claim is based on acts Moreover, the charter provision that the
or omissions imputable to a public official NPC can “sue and be sued in any court”
charged with some administrative or is without qualification on the cause of
technical office which can be held to the action and accordingly, it can include a
proper responsibility in the manner laid tort claim.
down by the law of civil responsibility.
 CASE: SSS v. CA [120 SCRA 707
 CASE: U.S. v. Ceballos [182 SCRA (1983)]: Under its charter, the SSS can
644]: Suability depends of the consent sue and be sued. So, even assuming that
of the State to be sued; liability on the the SSS enjoys immunity from suit as an
applicable law and established facts. The entity performing governmental functions
circumstance that a State is suable does by virtue of the explicit provision of the
not necessarily mean that it is liable; on enabling law, it can be sued. The
government must be deemed to have

19
waived immunity in respect of the SSS, perpetuating an injustice.
although it does not thereby concede its
liability.  CASE: Froilan v. Oriental Pan
Shipping [12 SCRA 276 (1950)]:
 CASE: USA v. Ruiz [136 SCRA 487 When the State itself files a complaint,
(1985)]: A contract for the repair of the defendant is entitled to file a
wharves and piers at the naval base in counterclaim against it. This is based on
Subic is in line with the defense of both equitable grounds. The government
the US and the Philippines --- impliedly allowed itself to be sued when it
indisputably a function of the government filed a complaint-in-intervention for the
of the highest order, --- hence, State purpose of asserting a claim for
immunity exists. affirmative relief against the plaintiff.
 CASE: Malong v. PNR [138 SCRA 63  CASE: Commissioner of Public

(1985)]: Not all government entities, Highways v. San Diego [31 SCRA 616
whether corporate or nonorporate, are (1970)]: Although the Government, as
immune from suits. Immunity from suit plaintiff, in expropriation proceedings,
is determined by the character of the submit itself to the jurisdiction of the
objects for which the entity is organized. court and thereby waives its immunity
When the government enters into a from suit, the judgment that is thus
commercial transaction it abandons its rendered requiring its payment of the
sovereign capacity and is to be treated award determined as just compensation
like any other corporation. In this case, for the condemned property, as a
the State divested itself of its sovereign condition precedent to the transfer of title
capacity when it organized the PNR. thereto in its favor, cannot be realized
upon execution. It is incumbent upon the
 CASE: Amigable v. Cuenca [43 SCRA legislature to appropriate any additional
360]: The SC allowed suit for the amount, over and above the provisional
recovery of possession of titled lands deposit, that may be necessary to pay
previously taken over by the government the award determined in the judgment,
for expansion of roads without just since the Government cannot keep the
compensation and the proper land and dishonor the judgment.
expropriation proceedings. It would be
unjust for the government to invoke
immunity after it has itself violated the
rights of the parties-claimants by taking
STRUCTURE AND POWERS OF THE
over the possession of the lands.
NATIONAL GOVERNMENT
 CASE: Santiago v. Republic [87 SCRA
284 (1978)]: The SC allowed the I. LEGISLATIVE DEPARTMENT
revocation of a deed of donation made to
the Bureau of Plant Industry for its failure 1. Nature and Limits of Legislative Power
to comply with the condition that it
should install a lighting and water system Nature:
on the property and build an office  The authority to make laws and to alter or
building with parking lot before said date. repeal them.
It would be unfair for the government to  Vested in Congress, except to the extent
invoke its immunity after gratuitously reserved to the people by provision on initiative
receiving property and not fulfilling its and referendum
conditions.  Plenary (The Congress may legislate on any
subject matter provided that the limitations are
 CASE: Commissioner of Public observed.)
Highways v. Burgos [96 SCRA 831]:
Although it was shown that plaintiff had Classification of Legislative Power:
not previously filed a claim with the 1. Original - possessed by the sovereign people
Auditor General as normally required, she 2. Derivative - delegated by the sovereign people
has the right to sue the government for to legislative bodies and is subordinate to
the value of her property which had been the original power of the people
converted into public streets without 3. Constituent - power to amend and revise the
payment of just compensation. The Constitution
doctrine of State immunity from suit 4. Ordinary - power to pass ordinary laws
cannot serve as an instrument for

20
Term of Office: 6 years, commencing at noon
on the 30th day of June next following their
election
Limitations on the Legislative Power of
Congress: Term Limits: No Senator shall serve for more
1. Substantive - curtails the contents of a law than 2 consecutive terms. However, they may
2. Procedural – curtails the manner of passing serve for more than 2 terms provided that the
laws terms are not consecutive.
Corollaries:
1. Congress cannot pass irrepealable laws. b. House of Representatives Art. VI secs. 5-8
2. As a general rule, Congress cannot delegate
its legislative power. Composition of the House of
Exceptions: Representatives: Not more than 250 members,
1. Delegation of tariff powers to the President unless otherwise provided by law, consisting of:
(Art VI sec. 28(2)). 1. District Representatives - elected from
2. Delegation of emergency powers to the legislative districts apportioned among the
President (Art VI sec. 23(2)). provinces, cities, and the Metropolitan Manila
3. Delegation to the people at large. area.
4. Delegation to local governments. 2. Party-List Representatives - constitute
5. Delegation to administrative bodies (rule- 20% of the total number of representatives
making power). - For 3 consecutive terms from 2 February
 Administrative Agencies may be allowed to: 1987, 25 seats shall be allotted to sectoral
a. fill up the details of an already complete representatives. The sectoral representatives are
statute to be chosen by appointment or election, as may
b. ascertain the facts necessary to bring a be provided by law. Until a law is passed, they
“contingent” law into actual operation are appointed by the President from a list of
nominees by the respective sectors. (Art. XVIII,
sec. 7)
Tests for a Valid Delegation:
1. The Completeness Test – The law must
be complete in all its terms and
conditions when it leaves the legislature Rules on Apportionment of Legislative
so that there will be nothing left for the Districts:
delegate to do when it reaches him 1. Maintain proportional representation based on
except enforce it. number of inhabitants.
2. The Sufficient Standard Test – The law  Each city with a population of at least
must fix a standard, the limits of which 250,000, or each province, shall have at least 1
are sufficiently determinate or representative.Each province, irrespective of the
determinable, to which the delegate must number of inhabitants, shall have at least 1
conform in the performance of his representative.
functions.  Each legislative district shall comprise, as
far as practicable, contiguous, compact, and
adjacent territory.
2. Composition, Qualifications and Term of 2. Legislative districts shall be re-apportioned by
Office Congress within 3 years after the return of each
census.
a. Senate Art. VI secs. 2-4
Qualifications of Representatives:
Composition of the Senate: 24 senators 1. Natural-born citizens
elected at large 2. At least 25 years old on the day
of the election
Qualifications of Senators: 3. Able to read and write
1. Natural-born citizen 4. Registered voter in the district he
2. At least 35 years old on the day of the seeks to represent
election 5. A resident of the said district for
3. Able to read and write at least 1 year immediately preceding the
4. A registered voter day of the election
5. Resident of the Philippines for at least 2
years immediately preceding the day of the Term of Office: 3 years, commencing at noon
election on the 30th day of June next following their
election.

21
the Congress. It shall include the election of all
Members of the city or municipal councils in the
Metropolitan Manila area.
Term Limits: No member of the House of  Section 2. The Senators, Members of the
Representatives shall serve for more than 3 House of Representatives, and the local officials
consecutive terms. first elected under this Constitution shall serve
until noon of June 30, 1992.
Veteran’s Federation v. COMELEC (2000) Of the Senators elected in the elections in 1992,
Formula for the number of additional seats to be the first twelve obtaining the highest number of
awarded to all the other parties under the Party- votes shall serve for six years and the remaining
list System: twelve for three years.
No. of votes 3. Election

No. of for the a. Regular Election Art VI sec. 8
add’l seats concerned Add’l seats Unless otherwise provided by law, the regular
for other = party x garnered by election of the Senators and the Members of the
parties No. of votes first party House of Representatives shall be held on the
for first party second Monday of May.
b. Special Election Art VI sec. 9
Ang Bagong Bayani v. COMELEC (2001) In case of vacancy in the Senate or in the House
The rules with regard to the Party-list System are of Representatives, a special election may be
that: called to fill such vacancy in the manner
1) The parties must represent the prescribed by law, but the Senator or Member of
marginalized and underrepresented. the House of Representatives thus elected shall
2) The members must come from the serve only for the unexpired term.
marginalized and underrepresented
sectors
Their nominees must come from the same party Lozada v. COMELEC
The Constitution mandates that there should
Art IX, C, secs 6-8 always be adequate representation for every
Art XVIII, sec. 7 province or legislative district. If a vacancy occurs
in a manner contemplated in the Constitution,
Dimaporo v. Mitra (1991) then Congress has the authority if not the duty to
In B.P. Blg. 881 members of the legislature call for special elections (subject of course to the
included in the enumeration of elective public limitation of time as specified in the Constitution;
officials are to be considered resigned from office see Art VI Sect 9 of Constitution and RA 6645).
from the moment of the filing of their certificates
of candidacy for another office, except for 4. Salaries, Privileges and Disqualifications
President and Vice-President. The term of office
prescribed by the Constitution may not be a. Salaries
extended or shortened by the legislature (22  Article VI, Section 10
R.C.L.), but the period during which an officer The salaries of Senators and Members of the
actually holds the office (tenure) may be affected House of Representatives shall be determined by
by circumstances within or beyond the power of law. No increase in said compensation shall take
said officer. Tenure may be shorter than the term effect until after the expiration of the full term of
or it may not exist at all. These situations will not all the Members of the Senate and the House of
change the duration of the term of office. Under Representatives approving such increase.
the questioned provision, when an elective official
covered thereby files a certificate of candidacy for  Article XVIII, Section 17
another office, he is deemed to have voluntarily Until the Congress provides otherwise, the
cut short his tenure, not his term. The term President shall receive an annual salary of three
remains and his successor, if any, is allowed to hundred thousand pesos; the Vice-President, the
serve its unexpired portion President of the Senate, the Speaker of the House
of Representatives, and the Chief Justice of the
c. Synchronized terms of office Supreme Court, two hundred forty thousand
Art. XVIII secs 1-2 pesos each; the Senators, the Members of the
 Section 1. The first elections of Members of House of Representatives, the Associate Justices
the Congress under this Constitution shall be held of the Supreme Court, and the Chairmen of the
on the second Monday of May, 1987. The first Constitutional Commissions, two hundred four
local elections shall be held on a date to be thousand pesos each; and the Members of the
determined by the President, which may be Constitutional Commissions, one hundred eighty
simultaneous with the election of the Members of thousand pesos each.

22
by not more than six years imprisonment, be
privileged from arrest while the Congress is in
PHILCONSA v. Mathay session. No Member shall be questioned nor be
In this case, the Supreme Court held that the held liable in any other place for any speech or
phrase "all members" of both houses, refers to debate in the Congress or in any committee
houses as a single unit, without distinction or thereof.
separation between them, the fundamental
consideration being that the terms of office of all Martinez v. Morfe
members of the legislature that enacted the A legislator shall be privileged from arrest while
measure (whether Senators or Representatives) the Congress is in session. In the 1935
must have expired before the increase in Constitution, under which this case was decided,
compensation can become operative. immunity from arrest was only from civil arrest.
"The Constitution, instead, uses (1) "Senate" and This very limited (privilege against civil arrests
"House of Representatives" and, (2) adds "all" only) immunity provided under the 1935
before "the Members", clearly intending that no Constitution (or at least as was interpreted by the
increase in the compensation therein provided for court in this particular case) was expanded under
shall take effect until after the expiration of the the 1987 Constitution stating that a member
term of the most junior among the members of "shall, in all offenses punishable by not more than
the Senate at the time the increase was 6 years imprisonment, be privileged from arrest
approved. Precisely, therefore, because the while the Congress is in session."
Constitution speaks of "Senate" and "House of
Representatives" instead of "Congress", the c. Speech and Debate Clause
prohibition against effectivity continues even after
the end of the Congress which approved the Jimenez v. Cabangbang
measure and, which amounts to the same thing, In this case, a clarification of the scope and
even after the end of the term of the members of limitation of the parliamentary immunity was
the House of Representatives approving the made. There was reiteration that, first,
increase. In specifying "the expiration of the full Congressional immunity is a guarantee of
term of all the Members of the Senate and of the immunity from answerability before an outside
House of Representatives approving such forum but not from answerability to the
increase" the Constitution leaves no doubt that disciplinary authority of congress itself; second,
until after the condition is met as to the Senate, to come under the guarantee the speech or
no increase in the compensation laid down for debate" must be one made "in Congress or in any
Senators and Representatives shall take effect." committee thereof."
Ligot v. Mathay "Said expression refers to utterances made by

While it is Congress, thru a salary law, that Congressmen in the performance of their official
possess the authority to determine the salary of functions, such as speeches delivered, statements
each member, the Constitution prohibits any made, or votes cast in the halls of Congress,
increase in said compensation to take effect until while the same is in session, as well as bills
after the expiration of the full term of all the introduced in Congress, whether the same is in
members of the two houses approving such session or not, and other acts performed by
increase. Congressmen, either in Congress or outside the
premises housing its offices, in the official
The Supreme Court held that a law increasing the discharge of their duties as members of Congress
"retirement gratuity" of members of Congress and of Congressional Committees duly authorized
falls within the prohibition stated above. In this to perform its functions as such, at the time of
case, the law (Commonwealth Act 186, section 12 the performance of the acts in question."
(c) as amended by Republic Act 4968) provided
that although the increase in salary was not going Osmena v. Pedantun
to take effect until the next term, such increased Each House of the Congress can discipline its
salary would be made the basis in computing the members for disorderly conduct or behavior.
retirement pay of the incumbent members. This What constitutes disorderly behavior is entirely up
was deemed by the Supreme Court as a to Congress to define. Although a member of
circumvention of the Constitutional provision and Congress shall not be held liable in any other
thus void. place for any speech or debate in the Congress or
in any committee thereof, such immunity,
although absolute in its protection of the member
b. Freedom from arrest of Congress against suits for libel, does not shield
 Article VI, Section 11 the member against the disciplinary authority of
A Senator or Member of the House of the Congress.The Court upheld the 15 month
Representatives shall, in all offenses punishable suspension, but in retrospect, it was such a harsh

23
punishment (read note on Alejandrino case) that
measures were taken in 1973 and subsequently
in the 1987 Constitution to devise a system of 5. Internal Government of Congress
allowing suspension as a penalty but limited its
period to sixty days. (Art VI, Sec 16(3)) a. Election of officers
OFFICERS:
d. Disqualifications 1. Senate President
2. Speaker of the House
1. May not hold any other office or employment 3. Such officers as deemed by each house to be
in the government during his term without necessary
forfeiting his seat.
2. May not be appointed to any office Election of officers: By a majority vote of all
created or the emoluments thereof were respective members
increased during the term for which he was
elected.
3. Cannot personally appear as counsel b. Quorum
before any court, electoral tribunal, quasi-judicial
and administrative bodies during his term of  Majority of each House shall constitute a
office. quorum.
4. Shall not be financially interested,  A smaller number may adjourn from day
directly or indirectly, in any contract with, or to day and may compel the attendance of absent
franchise or special privilege granted by the members.
government during his term of office.  In computing a quorum, members who
5. Shall not intervene in any matter before are outside the country, thus outside of each
any office of the government when it is for his House’s coercive jurisdiction, are not included.
pecuniary benefit or where he may be called upon
to act on account of his office. Avelino v. Cuenco
When the Constitution declares that a majority of
"each House" shall constitute a quorum, "the
House" does not mean "all" the members. Even a
e. Duty to Disclose majority of all the members constitute "the
 Article XI, Section 17 House". There is a difference between a majority
A public officer or employee shall, upon of "all members of the House" and a majority of
assumption of office and as often thereafter as "the House", the latter requiring less number than
may be required by law, submit a declaration the first. Therefore, an absolute majority (12) of
under oath of his assets, liabilities, and net worth. all members of the Senate less one (23)
In the case of the President, the Vice-President, constitutes constitutional majority of the Senate
the Members of the Cabinet, the Congress, the for the purpose of the quorum.
Supreme Court, the Constitutional Commissions
and other constitutional offices, and officers of the In simple terms, “majority” refers to the number
armed forces with general or flag rank, the of members within the “jurisdiction” of the
declaration shall be disclosed to the public in the Congress (those it can order arrested for the
manner provided by law. purpose of questioning). In this case, one Senator
was out of the Philippines which is not within the
 Article VI, Section 12 “jurisdiction” of the Senate, so that the working
All Members of the Senate and the House of majority was 23 Senators.
Representatives shall, upon assumption of office,
make a full disclosure of their financial and
business interests. They shall notify the House c. Rules of Proceedings
concerned of a potential conflict of interest that
may arise from the filing of a proposed legislation  Each House shall determine its own
of which they are authors. procedural rules.
 On matters affecting only internal operation
 Article VI, Section 20 of the legislature, the legislature’s formulation
The records and books of accounts of the and implementation of its rules is beyond the
Congress shall be preserved and be open to the reach of the courts. However, when the legislative
public in accordance with law, and such books rule affects private rights, the courts cannot be
shall be audited by the Commission on Audit altogether excluded.
which shall publish annually an itemized list of  Corollary to Congress’ power to make rules is
amounts paid to and expenses incurred for each the power to ignore them when circumstances so
Member. require.

24
absolute verity and is binding on the courts.
This Court held itself bound by an authenticated

d. Discipline of Members resolution, despite the fact that the vote of three-
fourths of the members of the Congress (as
 Each house may punish its members for required by the Constitution to approve proposals
disorderly behavior, and with the concurrence of for constitutional amendments) was not actually
2/3 of ALL its members: obtained on account of the suspension of some
1. Suspension (shall not exceed 60 days) members of the House of Representatives and of
2. Expulsion the Senate.
Alejandrino v. Quezon
The history of the sixty-day limitation on the Casco v. Gimenez
period of suspension of elected officials (and I The “enrolled bill” is the official copy of approved
think for officials with constituencies, even in the legislation and bears the certification of the
executive branch) traces back to this case. The presiding officer of the legislative body.
Supreme Court said that it was not in the realm Courts must accept certification of the presiding
of power of the Legislature to suspend its officer as conclusive assurance of the bill’s
member since suspension deprived the authenticity. The enrolled bill prevails over the
constituents (of the suspended member ) the journal.
right to be represented in Congress. In effect, the It is well settled that the enrolled bill — which
suspension can become an act of punishment of uses the term "urea formaldehyde" instead of
the constituents. "urea and formaldehyde" — is conclusive upon
the courts as regards the tenor of the measure
Osmena v. Pedantun passed by Congress and approved by the
Each House of the Congress can discipline its President . If there has been any mistake in the
members for disorderly conduct or behavior. printing of the bill before it was certified by the
What constitutes disorderly behavior is entirely up officers of Congress and approved by the
to Congress to define. Executive — on which we cannot speculate,
without jeopardizing the principle of separation of
Although a member of Congress shall not be held powers and undermining one of the cornerstones
liable in any other place for any speech or debate of our democratic system — the remedy is by
in the Congress or in any committee thereof, such amendment or curative legislation, not by judicial
immunity, although absolute in its protection of decree.
the member of Congress against suits for libel,
does not shield the member against the
disciplinary authority of the Congress. (2) Probative value of the Journal
The Court upheld the 15 month suspension, but

in retrospect, it was such a harsh punishment  The Journal is conclusive upon the courts.
(read note on Alejandrino case) that measures  But when the contents of the journal
were taken in 1973 and subsequently in the 1987 conflicts with that of an enrolled bill, the enrolled
Constitution to devise a system of allowing bill prevails over the contents of the journal.
suspension as a penalty but limited its period to
sixty days. (Art VI, Sec 16(3)) US v. Pons
Congress may validly continue enacting bills even
beyond the reglementary period of adjournment.
e. Journal and Congressional Records When the journal shows that Congress conducted
(1) The Enrolled Bill Theory a sine die session where the hands of the clock
are stayed in order to afford Congress the
 An enrolled bill is the official copy of approved opportunity to continue its session. All bills
legislation and bears the certifications of the enacted during the sine die session are valid and
presiding officers of each House. Thus where the conclusive upon the Courts.
certifications are valid and are not withdrawn, the The Journals are conclusive evidence of the
contents of the enrolled bill are conclusive upon contents thereof and Courts are bound to take
the courts. The respect due to a co-equal judicial notice of them.
department requires the courts to accept the
certification of the presiding officer of the (3) Matters required to be entered in the
legislative body. Journal
(a) Yeas and Nays on third and final
Mabanag v. Lopez Vito reading of a bill
A duly authenticated bill or resolution imports (b) Veto message of the President

25
(c) Yeas and Nays on the repassing of a  Neither can they adjourn to any other place
bill vetoed by the President than that where the two houses are sitting,
(d) Yeas and Nays on any question at the without the consent of the other.
request of 1/5 of members present (4) Joint Sessions
(4) Journal Entry Rule v. Enrolled Bill Theory (a) Voting separately
- Choosing the President (Art. VII, sec. 4)
Astorga v. Villegas - Determining the President’s temporary
The bill was not duly enacted and therefore did disability (Id., sec. 11, par 4)
not become law as indeed both the President of - Confirming the nomination of a Vice-
the Senate and the Chief Executive withdrew their President (Id., sec. 9)
signatures therein. In the face of the manifest - Declaring a state of war (Art. VI, sec.
error committed and subsequently rectified by the 23(1)
President of the Senate and by the Chief - Amending the Constitution (Art. XVII,
Executive, for this Court to perpetuate that error sec. 1(1)
by disregarding such rectification and holding that
the erroneous bill has become law would be to (b) Voting Jointly
sacrifice truth to fiction and bring about - To revoke or extend martial law or
mischievous consequences not intended by the suspension of privilege of habeas corpus (Art. VII,
law-making body. sec. 18)
Morales v. Subido
6. Electoral Tribunals
The enrolled Act in the office of the legislative
a. Composition
secretary of the President of the Philippines shows
1. 3 Supreme Court Justices to be designated by
that Section 10 is exactly as it is in the statute as
the Chief Justice (The senior Justice in the
officially published in slip form by the Bureau of
Electoral Tribunal shall be its Chairman.)
Printing. We cannot go behind the enrolled Act to
2. 6 Members of the Senate or House, as
discover what really happened. The respect due
the case may be, chosen on the basis of
to the other branches of the Government
proportional representation from the political
demands that We act upon the faith and credit of
parties and party-list organizations
what the officers of the said branches attest to as
the official acts of their respective departments.
 The ET shall be constituted within 30 days
Otherwise we would be cast in the unenviable and
after the Senate and the House of Representative
unwanted role of a sleuth trying to determine
shall have been organized with the election of the
what actually did happen in the labyrinth of
President and the Speaker.
lawmaking, with consequent impairment of the
 Members chosen enjoy security of tenure
integrity of the legislative process.
and cannot be removed by mere change of party
If an enrolled bill conflicts with the Journal on a
affiliation.
matter required by the Constitution to be entered
in the Journal - has been explicitly left by the
Supreme Court as an open question
Tanada v. Cuenco
Abbas v. SET
(5) Congressional Record The five LDP members who are also members of
the Senate Electoral Tribunal may not inhibit
f. Sessions themselves since it is clear that the Constitution
(1) Regular Sessions intended legislative and judiciary membership to
 Convenes once every year on the 4 th Monday the tribunal. As a matter of fact, the 2 :1 ratio of
of July. legislative to judiciary indicates tat legislative
 Continues to be in session until 30 days membership cannot be ignored. To exclude
before the start of its next regular session, themselves is to abandon a duty that no other
exclusive of Saturdays, Sundays, and legal court can perform.
holidays.
(2) Special Sessions

b. Nature of Function
 Called by the President at any time when
Congress is not in session
Jurisdiction: Each ET shall be the sole judge of
all CONTESTS relating to the election, returns,
(3) Adjournments
and qualifications of their respective members.
 Neither House can adjourn for more than 3
This includes determining the validity or invalidity
days during the time Congress is in session
of a proclamation declaring a particular candidate
without the consent of the other House.
as the winner.

26
An ‘election contest’ is one where a defeated without any legislative interference." (Suanes vs.
candidate challenges the qualification and claims Chief Accountant of the Senate, 81 Phil. 818.) To
for himself the seat of a proclaimed winner. In the be able to exercise exclusive jurisdiction, the
absence of an election contest, the ET is without House Electoral Tribunal must be independent. Its
jurisdiction. jurisdiction to hear and decide congressional
election contests is not to be shared by it with
Angara v. Electoral Commission the Legislature nor with the Courts. "The Electoral
The Electoral Tribunal of each House is the SOLE Commission is a body separate from and
judge of all contests relating to the election, independent of the legislature and though not a
returns, and qualifications of the members of power in the tripartite scheme of government, it
Congress. In the absence of election contest, the is to all intents and purposes, when acting within
Electoral Tribunal has no jurisdiction. The the limits of its authority, an independent organ;
Electoral Tribunals are independent constitutional while composed of a majority of members of the
bodies and cannot be regulated by Congress. legislature it is a body separate from and
independent of the legislature. "
Supreme Court has jurisdiction over the Electoral
Commission and the subject matter of the present
Valid grounds / Just cause for termination of
controversy for the purpose of determining the
membership to the tribunal.
character, scope and extent of the constitutional
grant to the Electoral Commission as "the sole Expiration of Congressional term of office
judge of all contests relating to the election, Death or permanent disability
returns and qualifications of the members of the Resignation form political party which one
National Assembly." represents in the tribunal
Removal form office for other valid reasons
Request of Justices Melencio-Herrera, Cruz
and Feliciano to be Relieved as members of d. Powers
HRET (Res. March 19, 1991)
Angara v. Electoral Commission, Supra
c. Independence of the Electoral Tribunals Lazatin v. HRET
 Since the ET’s are independent constitutional Since the candidate has already been proclaimed,
bodies, independent even of the respective jurisdiction now belongs to the HRET, thus its
House, neither Congress nor the Courts may rules must be applied.
interfere with procedural matters relating to the
functions of the ET’s. e. Judicial review of decisions of Electoral
Tribunals
Bondoc v. Pineda
The tribunal was created to function as a  Judicial review of decisions of the ET’s may
nonpartisan court although two-thirds of its be had with the SC only insofar as the decision or
members are politicians. It is a non-political body resolution was rendered without or in excess of
in a sea of politicians. What this Court had earlier jurisdiction or with grave abuse of discretion
said about the Electoral Commission applies as tantamount to denial of due process.
well to the electoral tribunals of the Senate and
House of Representatives: "The purpose of the Co v. HRET
constitutional convention creating the Electoral As constitutional creations invested with
Commission was to provide an independent and necessary power, the Electoral Tribunals,
impartial tribunal for the determination of although not powers in the tripartite scheme of
contests to legislative office, devoid of partisan the government, are, in the exercise of their
consideration, and to transfer to that tribunal all functions independent organs — independent of
the powers previously exercised by the legislature Congress and the Supreme Court. The power
in matters pertaining to contested elections of its granted to HRET by the Constitution is intended
members. "The power granted to the electoral to be as complete and unimpaired as if it had
Commission to judge contests relating to the remained originally in the legislature (Angara vs.
election and qualification of members of the Electoral Commission, 63 Phil. 139 [1936]).
National Assembly is intended to be as complete
and unimpaired as if it had remained in the
legislature." "The Electoral Tribunals of the
Senate and the House were created by the 7. Commission on Appointments
Constitution as special tribunals to be the sole Composition:
judge of all contests relating to election returns 1. Senate President as ex-officio chairman
and qualifications of members of the legislative (Chairman shall not vote except in case of a tie.)
houses, and, as such, are independent bodies 2. 12 Senators
which must be permitted to select their own 3. 12 Members of the House
employees, and to supervise and control them,

27
 The 12 Senators and 12 Representatives
are elected on the basis of proportional
representation from the political parties Coseteng v. Mitra
and party-list organizations. The composition of the House membership in the
 The CA shall be constituted within 30 Commission on Appointments was based on
days after the Senate and the House of proportional representation of the political parties
Representative shall have been organized in the House. There are 160 members of the LDP
with the election of the President and the in the House. They represent 79% of the House
Speaker. membership (which may be rounded out to 80%).
 The CA shall act on all appointments Eighty percent (80%) of 12 members in the
within 30 session days from their Commission on Appointments would equal 9.6
submission to Congress. members, which may be rounded out to ten (10)
 The CA shall rule by a majority vote of all members from the LDP. The remaining two seats
its members. were apportioned to the LP (respondent Lorna
Verano-Yap) as the next largest party in the
Meetings: Coalesced Majority and the KBL (respondent
 CA meets only while Congress is in session. Roque Ablan) as the principal opposition party in
 Meetings are held either at the call of the the House. There is no doubt that this
Chairman or a majority of all its members. apportionment of the House membership in the
 Since the CA is also an independent Commission on Appointments was done "on the
constitutional body, its rules of procedure are basis of proportional representation of the
also outside the scope of congressional political parties therein."The other political parties
powers as well as that of the judiciary. or groups in the House, such as petitioner's
KAIBA (which is presumably a member also of the
Jurisdiction: Coalesced Majority), are bound by the majority's
1. CA shall confirm the appointments by the choices. Even if KAIBA were to be considered as
President with respect to the following positions: an opposition party, its lone member (petitioner
 Heads of the Executive Departments (except Coseteng) represents only .4% or less than 1% of
if it is the Vice-President who is appointed to the House membership, hence, she is not entitled
the post) to one of the 12 House seats in the Commission
 Ambassadors, other public ministers or on Appointments. To be able to claim proportional
consuls membership in the Commission on Appointments,
 Officers of the AFP from the rank of Colonel a political party should represent at least 8.4% of
or Naval Captain the House membership, i.e., it should have been
 Other officers whose appointments are vested able to elect at least 17 congressmen or
in him by the Constitution (e.g. COMELEC congresswomen.
members)
2. Congress cannot by law require that the
appointment of a person to an office created by Guingona v Gonzales
such law shall be subject to confirmation by the The provision of Section 18 on proportional
CA. representation is mandatory in character and
3. Appointments extended by the President to does not leave any discretion to the majority
the above-mentioned positions while Congress is party in the Senate to disobey or disregard the
not in session shall only be effective until rule on proportional representation; otherwise,
disapproval by the CA or until the next the party with a majority representation in the
adjournment of Congress. Senate or the house of Representatives can by
sheer force of numbers impose its will on the
hapless minority. By requiring a proportional
Cunanan v. Tan representation in the Commission on
Daza v. Singson Appointments, Section 18 in effect works as a
The court resolves that issue in favor of the check on the majority party in the Senate and
authority of the House of Representatives to helps to maintain the balance of power. No party
change its representation in the Commission on can claim more than what it is entitled to under
Appointments to reflect at any time the changes such rule. To allow it to elect more than its
that may transpire in the political alignments of proportional share of members is to confer upon
its membership. It is understood that such such a party a greater share in the membership
changes in membership must be permanent and in the Commission on Appointments and more
do not include the temporary alliances or factional power to impose its will on the minority, who by
divisions not involving severance of political the same token, suffers a diminution of its rightful
loyalties or formal disaffiliation and permanent membership in the Commission."
shifts of allegiance from one political party to
another.

28
same with his objections to the House where it
originated, which shall enter the objections at
The Constitution does not require that the full large in its Journal and proceed to reconsider it.
complement of 12 Senators be elected to the If, after such reconsideration, two-thirds of all the
membership in the Commission on Appointments Members of such House shall agree to pass the
before it can discharge its functions and that it is bill, it shall be sent, together with the objections,
not mandatory to elect 12 Senators to the to the other House by which it shall likewise be
Commission. The overriding directive of Article VI, reconsidered, and if approved by two-thirds of all
Section 18 is that there must be a proportional the Members of that House, it shall become a law.
representation of the political parties in the In all such cases, the votes of each House shall
membership of the Commission on Appointments be determined by yeas or nays, and the names of
and that the specification of 12 members to the Members voting for or against shall be
constitute its membership is merely an indication entered in its Journal. The President shall
of the maximum complement allowable under the communicate his veto of any bill to the House
Constitution. The act of filing up the membership where it originated within thirty days after the
thereof cannot disregard the mandate of date of receipt thereof, otherwise, it shall become
proportional representation of the parties even if a law as if he had signed it.
it results in fractional membership in unusual
situations like the case at bar. (2) The President shall have the power to veto
any particular item or items in an appropriation,
revenue, or tariff bill, but the veto shall not affect
8. Powers of Congress the item or items to which he does not object.
a. General Plenary Powers
c. Question Hour
b. Limitations on the legislative power Art. VI Sec. 22
(1) Substantive limitations The heads of departments may, upon their own
(a) Express substantive limitations initiative, with the consent of the President, or
(b) Implied substantive limitations upon the request of either House, as the rules of
- General Rule: Non-delegability of each House shall provide, appear before and be
Legislative power heard by such House on any matter pertaining to
- Exceptions: their departments. Written questions shall be
i. Delegation to the President submitted to the President of the Senate or the
ii.Delegation to local gov’ts Speaker of the House of Representatives at least
-Prohibition against passage of three days before their scheduled appearance.
irrepealable laws Interpellations shall not be limited to written
questions, but may cover matters related thereto.
When the security of the State or the public
Pelaez v. Auditor General interest so requires and the President so states in
writing, the appearance shall be conducted in
(2) Procedural Limitations executive session.
Art. VI Secs 26-27
Section 26. (1) Every bill passed by the Congress d. Legislative investigations
shall embrace only one subject which shall be
expressed in the title thereof. Limitations:
1. The inquiry must be in aid of legislation.
(2) No bill passed by either House shall become a 2. The inquiry must be conducted in accordance
law unless it has passed three readings on with its duly published rules of procedure.
separate days, and printed copies thereof in its 3. The rights of persons appearing in or affected
final form have been distributed to its Members by such inquiries shall be respected.
three days before its passage, except when the
President certifies to the necessity of its Corollaries:
immediate enactment to meet a public calamity 1. The power of investigation necessarily includes
or emergency. Upon the last reading of a bill, no the power to punish a contumacious witness for
amendment thereto shall be allowed, and the contempt.
vote thereon shall be taken immediately 2. However, legislature’s power to commit a witness
thereafter, and the yeas and nays entered in the for contempt terminates when the legislative body
Journal. ceases to exist upon its final adjournment.
 House of Representatives – 3 years
 Senate – indefinite (Senate, with its staggered
Section 27. (1) Every bill passed by the Congress
terms, is a continuing body.)
shall, before it becomes a law, be presented to
3. The power to punish for contempt is inherent in
the President. If he approves the same he shall Congress and this power is sui generis. Unless
sign it; otherwise, he shall veto it and return the expressly authorized, local government units cannot

29
exercise said power. The power of both houses of Congress to conduct
inquiries in aid of legislation is not, therefore,
absolute or unlimited. Its exercise is
Arnault v. Nazareno circumscribed by the afore-quoted provision of
The power of inquiry, with process to enforce it, is the Constitution. Thus, as provided therein, the
an essential and appropriate auxiliary to the investigation must be "in aid of legislation in
legislative function. The inquiry, to be within the accordance with its duly published rules of
jurisdiction of the legislative body making it, must procedure" and that "the rights of persons
be material or necessary to the exercise of a appearing in or affected by such inquiries shall be
power in it vested by the Constitution, such as to respected." It follows then that the rights of
legislate or to expel a member. In order to persons under the Bill of Rights must be
ascertain the character or nature of an inquiry, respected, including the right to due process and
resort must be had to the speech or resolution the right not to be compelled to testify against
under which such an inquiry is proposed to be one's self. The power to conduct formal inquiries
made. or investigations is specifically provided for in
Sec. 1 of the Senate Rules of Procedure
Once an inquiry is admitted or established to be
Governing Inquiries in Aid of Legislation. Such
within the jurisdiction of a legislative body to
inquiries may refer to the implementation or re-
make, the investigating committee has the power
examination of any law or in connection with any
to require a witness to answer any question
proposed legislation or the formulation of future
pertinent to the subject of the inquiry, subject of
legislation. They may also extend to any and all
the course to his constitutional privilege against
matters vested by the Constitution in Congress
self-incrimination.
and/or in the Senate alone.
The materiality of a question that it may be
propounded to a witness is determined by its
e. Act as a board of canvassers for
direct relation to the subject of the inquiry and
Presidential and Vice-Presidential elections
not by its indirect relation to any proposed or
· Article VII, Section 4, par 4
possible legislation. Where the immateriality of
The returns of every election for President and
the information sought by the legislative body
Vice-President, duly certified by the board of
from a witness is relied upon to contest its
canvassers of each province or city, shall be
jurisdiction, the Court is duty bound to pass upon
transmitted to the Congress, directed to the
the contention. Although the legislative body has
President of the Senate. Upon receipt of the
the power to make the inquiry, the Court is
certificates of canvass, the President of the
empowered to correct a clear abuse of discretion
Senate shall, not later than thirty days after the
in the exercise of that power.
day of the election, open all the certificates in the
The power of investigation necessarily includes
presence of the Senate and the House of
the power to punish a contumacious witness for
Representatives in joint public session, and the
contempt.
Congress, upon determination of the authenticity
There is no sound reason to limit the power of the
and due execution thereof in the manner provided
legislative body to punish for contempt to the end
by law, canvass the votes.
of every session and not to the end of the last
session terminating the existence of that body.
· Rep. Act No. 7166, Section 30
While the existence of the House of
Representatives is limited to four years, that of
f. Call special election for President and
the Senate is not so limited. The Senate is a
Vice-President
continuing body which does not ceases to exist
· Article VII, Section 10
upon the periodical dissolution of the Congress or
The Congress shall, at ten o'clock in the morning
of the House of Representatives. There is no limit
of the third day after the vacancy in the offices of
as to time to the Senate's power to punish for
the President and Vice-President occurs, convene
contempt in cases where that power may
in accordance with its rules without need of a call
constitutionally be exerted.
and within seven days, enact a law calling for a
special election to elect a President and a Vice-
Arnault v. Balagtas
President to be held not earlier than forty-five
The principle that Congress or any of its bodies
days nor later than sixty days from the time of
has the power to punish recalcitrant witnesses is
such call. The bill calling such special election
founded upon reason and policy. Said power
shall be deemed certified under paragraph 2,
must be considered implied or incidental to the
Section 26, Article V1 of this Constitution and
exercise of legislative power, or necessary to
shall become law upon its approval on third
effectuate said power. The Senate being a
reading by the Congress. Appropriations for the
continuing body unlike the House has the power
special election shall be charged against any
to order such witness to remain in detention.
current appropriations and shall be exempt from
the requirements of paragraph 4, Section 25,
Bengzon v. Senate Blue Ribbon Committee

30
Article V1 of this Constitution. The convening of days, otherwise he shall be released.
the Congress cannot be suspended nor the special
election postponed. No special election shall be h. Approve Presidential amnesties
called if the vacancy occurs within eighteen · Article VII, Section 19
months before the date of the next presidential Except in cases of impeachment, or as otherwise
election. provided in this Constitution, the President may
grant reprieves, commutations, and pardons, and
remit fines and forfeitures, after conviction by
g. Revoke or extend suspension of privilege
final judgment.
of Habeas Corpus or declaration of martial
He shall also have the power to grant amnesty
law
with the concurrence of a majority of all the
Members of the Congress.
The President shall be the Commander-in-Chief of
i. Confirm certain appointments
all armed forces of the Philippines and whenever
By Congress
it becomes necessary, he may call out such
armed forces to prevent or suppress lawless
Whenever there is a vacancy in the Office of the
violence, invasion or rebellion. In case of invasion
Vice-President during the term for which he was
or rebellion, when the public safety requires it, he
elected, the President shall nominate a Vice-
may, for a period not exceeding sixty days,
President from among the Members of the Senate
suspend the privilege of the writ of habeas corpus
and the House of Representatives who shall
or place the Philippines or any part thereof under
assume office upon confirmation by a majority
martial law. Within forty-eight hours from the
vote of all the Members of both Houses of the
proclamation of martial law or the suspension of
Congress, voting separately.
the privilege of the writ of habeas corpus, the
By Commission on Appointments
President shall submit a report in person or in
writing to the Congress. The Congress, voting
Sarmiento v. Mison
jointly, by a vote of at least a majority of all its
In Sarmiento vs. Mison, et al. (156 SCRA 549
Members in regular or special session, may
[1987]), we construed Section 16, Article VII of
revoke such proclamation or suspension, which
the Constitution to mean that only appointments
revocation shall not be set aside by the President.
to offices mentioned in the first sentence of the
Upon the initiative of the President, the Congress
said Section 16, Article VII require confirmation
may, in the same manner, extend such
by the Commission on Appointments. The ruling
proclamation or suspension for a period to be
in Mison was reiterated in the recent case of Mary
determined by the Congress, if the invasion or
Concepcion Bautista vs. Sen. Jovito Salonga, et
rebellion shall persist and public safety requires
al. (G.R. No. 86439, promulgated on April 13,
it.
1989). Since the seats reserved for sectoral
The Congress, if not in session, shall, within
representatives in paragraph 2, Section 5, Art. VI
twenty-four hours following such proclamation or
may be filled by appointment by the President by
suspension, convene in accordance with its rules
express provision of Section 7, Art. XVIII of the
without need of a call.
Constitution, it is indubitable that sectoral
The Supreme Court may review, in an appropriate
representatives to the House of Representatives
proceeding filed by any citizen, the sufficiency of
are among the "other officers whose
the factual basis of the proclamation of martial
appointments are vested in the President in this
law or the suspension of the privilege of the writ
Constitution," referred to in the first sentence of
of habeas corpus or the extension thereof, and
Section 16, Art. VII whose appointments are
must promulgate its decision thereon within thirty
subject to confirmation by the Commission on
days from its filing.
Appointments (Sarmiento v. Mison, supra).
A state of martial law does not suspend the
operation of the Constitution, nor supplant the
j. Concur in treaties
functioning of the civil courts or legislative
· Article VII, Section 21 (through senate)
assemblies, nor authorize the conferment of
No treaty or international agreement shall be
jurisdiction on military courts and agencies over
valid and effective unless concurred in by at least
civilians where civil courts are able to function,
two-thirds of all the Members of the Senate.
nor automatically suspend the privilege of the
writ of habeas corpus.
k. Declaration of war and delegation of
The suspension of the privilege of the writ of
emergency powers
habeas corpus shall apply only to persons
· Article VI, Section 23
judicially charged for rebellion or offenses
The President shall address the Congress at the
inherent in, or directly connected with, invasion.
opening of its regular session. He may also
During the suspension of the privilege of the writ
appear before it at any other time.
of habeas corpus, any person thus arrested or
detained shall be judicially charged within three

31
l. Be the judge of the President’s physical within a period of one year.
fitness (6) The Senate shall have the sole power to try
· Article VII, Section 11, par 4 and decide all cases of impeachment. When
If the Congress, within ten days after receipt of sitting for that purpose, the Senators shall be on
the last written declaration, or, if not in session, oath or affirmation. When the President of the
within twelve days after it is required to Philippines is on trial, the Chief Justice of the
assemble, determines by a two-thirds vote of Supreme Court shall preside, but shall not vote.
both Houses, voting separately, that the President No person shall be convicted without the
is unable to discharge the powers and duties of concurrence of two-thirds of all the Members of
his office, the Vice-President shall act as the Senate.
President; otherwise, the President shall continue
exercising the powers and duties of his office. Romulo vs. Yniquez
m. Power of impeachment v. Consequence of impeachment

i. who are subject to impeachment · Article XI, Section 3 (7)
· Article XI, Section 2 Judgment in cases of impeachment shall not
The President, the Vice-President, the Members of extend further than removal from office and
the Supreme Court, the Members of the disqualification to hold any office under the
Constitutional Commissions, and the Ombudsman Republic of the Philippines, but the party
may be removed from office on impeachment for, convicted shall nevertheless be liable and subject
and conviction of, culpable violation of the to prosecution, trial, and punishment, according
Constitution, treason, bribery, graft and to law.
corruption, other high crimes, or betrayal of
public trust. All other public officers and vi. Must impeachment precede filing of criminal
employees may be removed from office as case?
provided by law, but not by impeachment.
Lecaroz v. Sandiganbayan
ii. grounds for impeachment Yes, it won’t prosper if no conviction
· Article XI, Section 2
n. Power with regard to utilization of natural
iii. Procedure for impeachment resources
· Article XI, Section 3 (1)-(6) · Article XII, Section 2
(1) The House of Representatives shall have the All lands of the public domain, waters, minerals,
exclusive power to initiate all cases of coal, petroleum, and other mineral oils, all forces
impeachment. of potential energy, fisheries, forests or timber,
(2) A verified complaint for impeachment may be wildlife, flora and fauna, and other natural
filed by any Member of the House of resources are owned by the State. With the
Representatives or by any citizen upon a exception of agricultural lands, all other natural
resolution or endorsement by any Member resources shall not be alienated. The exploration,
thereof, which shall be included in the Order of development, and utilization of natural resources
Business within ten session days, and referred to shall be under the full control and supervision of
the proper Committee within three session days the State. The State may directly undertake such
thereafter. The Committee, after hearing, and by activities, or it may enter into co-production, joint
a majority vote of all its Members, shall submit its venture, or production-sharing agreements with
report to the House within sixty session days from Filipino citizens, or corporations or associations at
such referral, together with the corresponding least sixty per centum of whose capital is owned
resolution. The resolution shall be calendared for by such citizens. Such agreements may be for a
consideration by the House within ten session period not exceeding twenty-five years,
days from receipt thereof. renewable for not more than twenty-five years,
(3) A vote of at least one-third of all the Members and under such terms and conditions as may be
of the House shall be necessary either to affirm a provided by law. In cases of water rights for
favorable resolution with the Articles of irrigation, water supply fisheries, or industrial
Impeachment of the Committee, or override its uses other than the development of water power,
contrary resolution. The vote of each Member beneficial use may be the measure and limit of
shall be recorded. the grant.
(4) In case the verified complaint or resolution of The State shall protect the nation's marine wealth
impeachment is filed by at least one-third of all in its archipelagic waters, territorial sea, and
the Members of the House, the same shall exclusive economic zone, and reserve its use and
constitute the Articles of Impeachment, and trial enjoyment exclusively to Filipino citizens.
by the Senate shall forthwith proceed. The Congress may, by law, allow small-scale
(5) No impeachment proceedings shall be utilization of natural resources by Filipino citizens,
initiated against the same official more than once as well as cooperative fish farming, with priority

32
to subsistence fishermen and fishworkers in  A bill which repeals legislation regarding the
rivers, lakes, bays, and lagoons. subject matter need not state in the title that
The President may enter into agreements with it is repealing the latter. Thus, a repealing
foreign-owned corporations involving either clause in the bill is considered germane to the
technical or financial assistance for large-scale subject matter of the bill.
exploration, development, and utilization of
minerals, petroleum, and other mineral oils Which should control, the title or the text of a
according to the general terms and conditions statute?
provided by law, based on real contributions to
the economic growth and general welfare of the Cruz v. Paras
country.In such agreements, the State shall
promote the development and use of local (2) Requirements as to certain laws
scientific and technical resources. (a) Appropriation laws
The President shall notify the Congress of every Limitations:
contract entered into in accordance with this For General Appropriations Bills
provision, within thirty days from its execution. · Congress may not increase the appropriations
recommended by the President for the operation
o. Amendment of the constitution of the Government as specified in the budget.
· Article XVII, Sections 1-2 · Form, content and manner of preparation of
Section 1. Any amendment to, or revision of, this the budget shall be prescribed by law.
Constitution may be proposed by: · No provision or enactment shall be embraced
(1) The Congress, upon a vote of three-fourths of in the general appropriations bill unless it relates
all its Members; or specifically to some particular appropriation
(2) A constitutional convention. therein.
Section 2. Amendments to this Constitution may · Procedure in approving appropriations FOR
likewise be directly proposed by the people THE CONGRESS shall strictly follow the procedure
through initiative upon a petition of at least for approving appropriations for other
twelve per centum of the total number of departments and agencies.
registered voters, of which every legislative · No law shall be passed authorizing any
district must be represented by at least three per transfer of appropriations. However, the following
centum of the registered voters therein. No may, BY LAW, be authorized to AUGMENT any
amendment under this section shall be authorized item in the general appropriations law for their
within five years following the ratification of this respective offices from savings in other items of
Constitution nor oftener than once every five their respective appropriations:
years thereafter. 1. President
The Congress shall provide for the 2. Senate President
implementation of the exercise of this right. 3. Speaker of the House
4. Chief Justice of the Supreme Court
· Article XV (1935 Constitution) 5. Heads of the Constitutional Commissions
The Congress in joint session assembled, by a
vote of three-fourths of all the Members of the · DISCRETIONARY FUNDS appropriated FOR
Senate and of the House of Representatives PARTICULAR OFFICIALS shall be disbursed only:
voting separately, may propose amendments to · For public purposes
this Constitution or call a convention for that · To be supported by appropriate vouchers
purpose. Such amendments shall be valid as part · Subject to such guidelines as may be
of this Constitution when approved by a majority prescribed by law
of the votes cast at an election at which the · No public money or property shall be
amendments are submitted to the people for their appropriated
ratification. · If Congress fails to pass the general
appropriations bill by the end of any fiscal year:
· The general appropriations bill for the
9. Legislative Process previous year is deemed reenacted
· It shall remain in force and effect until the
a. Requirements as to bills general appropriations bill is passed by Congress.
(1) As to titles of bills
 Every bill shall embrace only 1 subject which For Special Appropriations Bill
shall be expressed in the title thereof. · Shall specify the purpose for which it is
 The title does not have to be a complete intended
catalogue of everything stated in the bill. It · Shall be supported by funds actually available
is sufficient if the title expresses the general as certified by the National Treasurer or to be
subject of the bill and all the provisions of the raised by corresponding revenue proposal therein
statute are germane to that general subject.

33
Limitation on Use of Public Funds—Art. VI, greater portion of which was inherited from the
§29 previous administration. It is not only a matter of
· No money shall be paid out of the National honor and to protect the credit standing of the
Treasury EXCEPT in pursuance of an appropriation country. More especially, the very survival of our
made by law. economy is at stake. Thus, if in the process
· However, this rule does not prohibit Congress appropriated an amount for debt service
continuing appropriations, e.g. for debt servicing, bigger than the share allocated to education, the
for the reason that this rule does not require Court finds and so holds that said appropriation
yearly or annual appropriation. cannot be thereby assailed as unconstitutional.
Limitations:
Four phases of Government’s budgeting process.
· Appropriations must be for a PUBLIC
 Budget preparation
PURPOSE
 Legislative authorization
· Cannot appropriate public funds or property,
 Budget execution
directly or indirectly, in favor of
 Budget accountability
1. Any sect, church, denomination, or sectarian
institution or system of religion or
(b) Tax laws
2. Any priest, preacher, minister, or other
Requirement: No law granting any tax exemption
religious teacher or dignitary as such.
shall be passed without the concurrence of a
EXCEPT if the priest, etc is assigned to:
MAJORITY of ALL the members of the Congress.
1. the Armed Forces; or
2. any penal institution; or
Constitutional Tax Exemptions:
3. government orphanage; or
1. The following properties are exempt from REAL
4. leprosarium
PROPERTY taxes:
· However, the government is not prohibited
a. Charitable institutions
from appropriating money for a valid secular
b. Churches, and parsonages or convents
purpose, even if it incidentally benefits a religion,
appurtenant thereto
e.g. appropriations for a national police force is
c. Mosques
valid even if the police also protects the safety of
d. Non-profit cemeteries; and
clergymen.
e. All lands, buildings and improvements
· Also, the temporary use of public property for
actually, directly and exclusively used for
religious purposes is valid, as long as the property
religious, charitable, or educational purposes.
is available for all religions.
2. All revenues and assets of NON-STOCK NON-
Demetria vs. Alba
PROFIT EDUCATIONAL institutions are exempt
The provision in question unduly overextends the
from taxes and duties PROVIDED that such
privilege granted to the president under Sec. 16
revenues and assets are actually, directly and
(5) of the Constitution insofar as it empowers the
exclusively used for educational purposes (Art.
President to indiscriminately transfer funds
XIV sec. 4 (3)).
without regard as to whether or not the funds to
3. Grants, endowments, donations or
be transferred are actually savings in the item
contributions used actually, directly and
from which the same are to be taken, or whether
exclusively for educational purposes shall be
or not the transfer is for the purpose of
exempt from tax, subject to conditions prescribed
augmenting the item to which said transfer is to
by law (Art. XIV sec. 4 (4)).
be made.
Limitations:
Guingona vs. Carague
1. The rule of taxation shall be UNIFORM and
Since 1985, the budget for education has tripled
EQUITABLE.
to upgrade and improve the facility of the public
2. Congress shall evolve a PROGRESSIVE
school system. The compensation of teachers has
system of taxation.
been doubled. The amount of
3. The power to tax must be exercised for a
P29,740,611,000.00 set aside for the Department
public purpose because the power exists for the
of Education, Culture and Sports under the
general welfare
General Appropriations Act (R.A. No. 6831), is the
4. The due process and equal protection clauses
highest budgetary allocation among all
of the Constitution should be observed.
department budgets. This is a clear compliance
with the the constitutional mandate according
highest priority to education. Having faithfully
complied therewith, Congress is certainly not
Special Funds
without any power, guided only by its good
· Money collected on a tax levied for a special
judgment, to provide an appropriation, that can
purpose shall be treated as a special fund and
reasonably service our enormous debt, the
paid out for such purpose only.

34
· Once the special purpose is fulfilled or thereof. If he fails to do so, the bill shall become
abandoned, any balance shall be transferred to a law as if he signed it.
the general funds of the Government · To override the veto, at least 2/3 of ALL the
members of each House must agree to pass the
YMCA v. Collector of Internal Revenue bill. In such case, the veto is overridden and
Bishop of Nueva Segovia v. Provincial Board becomes a law without need of presidential
Province of Abra v. Hernando approval.
Apostolic Prefect v. Treasurer Item veto
· The President may veto particular items in an
b. Procedure for the passage of bills appropriation, revenue or tariff bill.
Bills that Must Originate from the House of · This veto will not affect items to which he
Representatives: does not object.
1. Appropriation bills (A bill appropriating a sum · Veto of a Rider
of money from the public treasury.) · A rider is a provision which does not relate to
- A bill creating a new office, and appropriating a particular appropriation stated in the bill.
funds therefor is NOT an appropriation bill. · Since it is an invalid provision under Section
2. Revenue bills (A bill specifically designed to 25(2), the President may veto it as an item.
raise money or revenue through imposition or
levy.) Bolinao Electronics Corp vs. Valencia
3. A law regulating an industry, though An invalid veto is as if the President did not act on
incidentally imposing a tax, does not make the the bill at all. Bill becomes a law by executive
law a revenue bill. inaction. A condition in an appropriation bill may
4. Tariff bills be not be vetoed without vetoing the item to
5. Bills authorizing the increase of public debt which it is attached.The veto made by the
6. Bills of local application President is invalid since the Executive’s veto
7. Private bills power does not carry with it the power to strike
out conditions / attached to an item. Further, the
Readings: conditions vetoed were germane to the
· Each bill must pass 3 readings in both appropriation hence should have not been vetoed.
Houses. If the veto is unconstitutional, it produces no
· Each reading shall be held on separate days effect whatsoever. The restriction / condition
and printed copies thereof in its final form shall imposed by the appropriation bill remains.
be distributed to its members 3 days before its
passage. Gonzales vs. Macaraig.
Exception: If a bill is certified as urgent by the DOCTRINE OF INAPPROPRIATE PROVISIONS A
President as to the necessity of its immediate provision that is constitutionally inappropriate for
enactment to meet a public calamity or an appropriation bill may be singled out for veto
emergency, the 3 readings can be held on the even if it is not an appropriation or revenue item.
same day President may veto “riders”.
Provision involved: SEC. 55. Prohibition
First reading: Only the title is read; the bill is Against the Restoration or Increase of
passed to the proper committee Recommended Appropriations Disapproved and/or
Reduced by Congress: No item of appropriation
Second reading: Entire text is read and debates recommended by the President in the Budget
are held, and amendments introduced. submitted to Congress pursuant to Article VII,
Section 22 of the Constitution which has been
Third reading: Only the title is read, no disapproved or reduced in this Act shall be
amendments are allowed. Vote shall be taken restored or increased by the use of appropriations
immediately thereafter and the yeas and nays authorized for other purposes by augmentation.
entered in the journal. An item of appropriation for any purpose
recommended by the President in the Budget
c. The President’s Veto power shall be deemed to have been disapproved by
Art. VI, §27 Congress if no corresponding appropriation for
· Every bill, in order to become a law, must be the specific purpose is provided in this Act." The
presented to and signed by the President. President’s veto of such provision is constitutional
· If the President does not approve of the bill, since the provision does not relate to any
he shall veto the same and return it with his particular / distinctive appropriation in the bill.
objections to the House from which it originated. Rather, it applies to all items disapproved /
The House shall enter the objections in the reduced by Congress in the budget proposal
journal and proceed to reconsider it. submitted by the President. The disapproved /
· The President must communicate his decision reduced items are nowhere to be found in the
to veto within 30 days from the date of receipt face of the bill. To discover them, resort should

35
be made to the original recommendations made such as the payment of Pensions which has
by the President. Vetoed sections are more of an already been vested by the law. The veto is
expression of Congressional policy in respect the invalid since it is violated the separation of
augmentation from the savings rather than an property and the judiciary’s fiscal autonomy.
budgetary appropriation.
Bengzon vs. Drilon d. Legislative vetoes

President Aquino vetoed the appropriation of the
(increased) pension of retired justices setting up Miller v. Pardo
as a defense the standardization of compensation
in the government. e. Effectivity of laws
· Article 2 (CC)
The act of the Executive in vetoing the particular Laws shall take effect after fifteen days following
provisions is an exercise of a constitutionally the completion of their publication in the Official
vested power. But even as the Constitution grants Gazette, unless it is otherwise provided. This
the power, it also provides limitations to its code shall take effect one year after such
exercise. The veto power is not absolute. The publication.
pertinent provision of the Constitution reads: "The
President shall have the power to veto any · Executive Order No. 200 (June 18, 1987)
particular item or items in an appropriation,
revenue or tariff bill but the veto shall not affect Tanada vs. Tuvera
the item or items to which he does not object." Due process requires that laws of general
(Section 27(2), Article VI, Constitution) The OSG application to have force and effect must be
is correct when it states that the Executive must published.
veto a bill in its entirety or not at all. He or she
cannot act like an editor crossing out specific Tanada vs. Tuvera, Resolution of MFR
lines, provisions, or paragraphs in a bill that he or The prior publication of laws before they become
she dislikes. In the exercise of the veto power, it effective cannot be dispensed with.
is generally all or nothing.
10. Initiative and Referendum
However, when it comes to appropriation, Art. VI, §32
revenue or tariff bills, the Administration needs The Congress shall, as early as possible, provide
the money to run the machinery of government for a system of initiative and referendum, and the
and it can not veto the entire bill even if it may exceptions therefrom, whereby the people can
contain objectionable features. The President is, directly propose and enact laws or approve or
therefore, compelled to approve into law the reject any act or law or part thereof passed by
entire bill, including its undesirable parts. It is for the Congress or local legislative body after the
this reason that the Constitution has wisely registration of a petition therefor signed by at
provided the "item veto powers" to avoid least ten per centum of the total number of
inexpedient riders being attached to an registered voters, of which every legislative
indispensable appropriation or revenue measure. district must be represented by at least three per
centum of the registered voters thereof.
The Constitution provides that only a particular RA 6735 (Aug 4, 1989)
item or items may be vetoed. The power to
disapprove any item or items in an appropriate
bill does not grant the authority to veto a part of II. EXECUTIVE DEPARTMENT
an item and to approve the remaining portion of
the same item.
A. THE PRESIDENT
An item is distinguished from a provision in the
1. Qualifications, election, term and oath
following manner: "The terms item and provision
Art. VII, Sec. 2. No person may be elected
in budgetary legislations and practice are
President unless he is a natural-born citizen of the
concededly different. An item in a bill refers to
Philippines, a registered voter, able to read and
the particulars, the details, the distinct and
write, at least forty years of age on the day of the
severable parts . . . of the bill. It is an indivisible
election, and a resident of the Philippines for at
sum of money dedicated to a stated purpose. An
least ten years immediately preceding such
'item' of an appropriation bill means an item
election.
which in itself is a specific appropriation of
money, not some general provision of law, which
The candidate must be qualified on the day of the
happens to be put into an appropriation bill.'"
elections. Bear in mind that residency and
domicile mean the same thing under election
The president cannot veto unavoidable obligations
law, i.e., the ff must be taken into consideration:

36
bodily presence, animus manendiand animus regular presidential election, a special election to
revertendi. elect the President and Vice-President shall be
called by Congress, pursuant to VII, 10. (See
Art. VII, Sec. 4. The President and the Vice- discussion under Other Powers of Congress, supra
President shall be elected by direct vote of the and Succession, infra.)
people for a term of six years which shall begin at
noon on the thirtieth day of June next following A conditional resignation by the
the day of the election and shall end at noon of incumbent President is not a real resignation that
the same date six years thereafter. The President creates a vacancy for the purpose of calling a
shall not be eligible for any reelection. No person special election. But in the Philippine Bar
who has succeeded as President and has served Association, Inc. v COMELEC, the failure of the
as such for more than four years shall be qualified SC to issue an injunction on time is already a
for election to the same office at any time. decision in itself in favor of the validity of the law
No Vice-President shall serve for more calling for Snap Elections despite the absence of
than two successive terms. Voluntary vacancy; only, it is a decision that is not
renunciation of the office for any length of time supported by a ratio decidendi. Indeed, a
shall not be considered as an interruption in the midterm election in a presidential system of
continuity of the service for the full term for government in response to popular clamor for it,
which he was elected. Unless otherwise is a legal anomaly. The Constitution is silent
provided by law, the regular election for President as to whether the persons elected in the special
and Vice-President shall be held on the second election shall serve only for the unexpired portion
Monday of May. The returns of every election for of the term, and whether the new President can
President and Vice- President, duly certified by run for re- election if he has not served more
the board of canvassers of each provinces or city, than 4 years, which depends on the construction
shall be transmitted to the Congress, directed to of the phrase "has succeeded as the President,"
the President of the Senate. Upon receipt of the discussed in the next section. VV: Only unexpired
certificates of canvass, the President of the portion.
Senate shall, not later than thirty days after the
day of election (w/c is the 2nd Tuesday of June), Re-election The President shall not be
open all the certificates in the presence of the eligible for any re-election. Furthermore, no
Senate and House of Representatives in joint person who has "succeeded" as President and has
public session, and the Congress, upon served as such for more than 4 years, shall be
determination of the authenticity and due qualified for any election to the same office (the
execution thereof in the manner provided by law, Presidency) at any time. (Art. VII, Sec. 4, par. 1)
canvass (i.e., tally the certificates of canvass) the The person who succeeds as President
votes. The persons having the highest number and not just in an acting capacity, could either be
of votes shall be proclaimed elected, but in case (i) the Vice-President, or (ii) one who was elected
two or more shall have an equal and highest President in a special election. In both cases, if
number of votes (tie), one of them shall forth he has served for more than 4 years, he is
with be chosen by the vote of a majority of all the ineligible for re-election as President. If he
members of Congress, voting separately. The served for 4 years or less, he can run for re-
Congress shall promulgate its rules for the election, it is submitted, since (a) the term
canvassing of the certificates. The Supreme "succeeded" encompasses election and (b) the
Court, sitting en banc, shall be the sole judge of general rule prohibiting the President to run for
all contests relating to the election, returns, and re-election refers to the President elected during
qualifications of the President, or Vice-President, the regular election. Furthermore, it is submitted
and may promulgate its rules for the purpose. that this person may resign on the 4th year so as
to be qualified to run for President, since there is
Election and Term of President nothing in the Constitution that prohibits this.
In view of the wording of Art. XVII, Sec.
Regular Election and Term 5, however, President Aquino can run for the
The President and Vice-President (who shall be 1992 election as President without violating the
elected with and in the same manner as the rule against re-election since the February 7,
President) shall be elected by direct vote of the 1987 election was not conducted under the
people for a term of 6 years, which shall begin on present Constitution, the 1992 Presidential
the noon of June 30 next following the day of election being the "first regular elections" to be
election. The regular election for President and held under this Constitution. Furthermore,
Vice-President shall be held on the 2nd Monday of although she may have served for more than 4
May. (Art. VII, Sec. 4 pars. 1 & 3).Special years as President by then, she will have done so
Election and Term If a vacancy occurs in not as successor to the Presidency. If Vice-
the offices of President and Vice- President more President Laurel is the one who serves as
than 18 months before the date of the next President for more than 4 years, then he cannot

37
run for the Presidency in 1992. The Vice-
President on the other hand, shall not serve for Art. VII, Sec. 13. The President, Vice-President,
more than 2 successive terms. And for this the Members of the Cabinet, and their deputies or
purpose, a voluntary (but not involuntary) assistants shall not, unless otherwise provided in
renunciation of office for any length of time, shall this Constitution, hold any other office or
not be considered an interruption in the continuity employment during their tenure. They shall not,
of the service for the full terms for which he was during said tenure, directly or indirectly practice
elected. (Art. VII, Sec. 4, par. 2). This is any other profession, participate in any business,
applicable, however, beginning 1992, because of or be financially interested in any contract with,
the Transitory Provisions. (This prohibition is or in any franchise, or special privilege granted by
similar to that applicable to Senators.) the Government or any subdivision, agency or
Canvassing of Election Returns instrumentality thereof, including government-
As already noted in the Other Powers of owned or controlled corporations or their
the Legislature, supra, it is the Congress that acts subsidiaries. They shall strictly avoid conflict of
as Board of Canvassers of every election for interest in the conduct of their office. The
President and Vice-President. spouse and relatives by consanguinity or affinity
within the fourth civil degree of the President
Electoral Tribunal for the Election of the President shall not during his tenure be appointed as
and Vice- President Members of the Constitutional Commissions, or
the Office of the Ombudsman, or as Secretaries,
The Supreme Court, sitting en banc, shall be the Undersecretaries, chairmen or heads of bureaus
sole judge of all contests relating to the election, or offices, including government-owned or
returns, and qualifications of the President or controlled corporations and their subsidiaries.
Vice-President, and may promulgate its rules for
that purpose. (Art. VII, Sec. 4, par. 7.) Note Civil Liberties Union vs Executive Secretary,
that while election controversies in the Congress FACTS: petitioner challenged Ex. Order No. 284
are under the exclusive jurisdiction of their which in effect allowed Cabinet members, their
respective Electoral Tribunals, those in the undersecretaries and asst. secretaries and other
Executive are under the Supreme Court itself. appointive officials of the Executive Department
to hold other positions in the govt., albeit,
Oath of Office subject of the limitations imposed therein. The
Art. VII, Sec. 5. respondents, in refuting the petitioners' argument
Before they enter on the execution of their office, that the measure was violative of Art. VIII, Sec.
the President, the Vice-President or the Acting 13, invoked Art. IX-B, Sec. 7, allowing the holding
President shall take the following oath or of multiple positions by the appointive official if
affirmation: "I do solemnly swear (or affirm) allowed by law or by the pressing functions of his
that I will faithfully and conscientiously fulfill my positions.
duties as President (or Vice-President or Acting HELD: In declaring the EO unconstitutional, the
President) of the Philippines, preserve and defend SC held that by ostensibly restricting the no. of
its Constitution, execute its laws, do justice to positions that Cabinet members, undersecretaries
every man, and consecrate to myself to the or asst. secretaries may hold in addition to their
service of the Nation. So help me God." (In case primary position to not more than 2 positions in
of affirmation, last sentence will be omitted.) the govt. and GOOCs, EO 284 actually allows
them to hold multiple offices or employment in
2. Privilege and salary direct contravention of the express mandate of
Art. VIII, Sec. 13 prohibiting them from doing so,
Art. VII, Sec. 6. The President shall have an unless otherwise provided in the 1987
official residence. The salaries of the President Constitution itself. If maximum benefits are
and Vice-President shall be determined by law to be derived from a dept. head's ability and
and shall not be decreased during their tenure. expertise, he should be allowed to attend to his
No increase in said compensation shall take effect duties and responsibilities without the distraction
until after the expiration of the term of the of other govt. offices or employment. The
incumbent during which such increase was stricter prohibition applied to the Pres. and his
approved. They shall not received during their official family under Sec. 13, Art. VII as compared
tenure any other emolument from the to the prohibition applicable to appointive officials
Government or any other source. in general under Art. IX, B, Sec. 7, par. 2 are
proof of the intent of the 1987 Consti. to treat
Art. XVIII. Sec 17. Unless the Congress them as a class by itself and to impose upon said
provides otherwise, the President shall receive an class stricter prohibtions.Thus, while all other
annual salary of P 300,000; xxx. appointive officials in the civil service are allowed
to hold other office or employment in the govt
3. Prohibitions during their tenure when such is allowed by law

38
or by the primary functions of their positions,
members of the Cabinet, their deputies and a. President
assistants may do so only when expressly (1) The President can assume a Cabinet post,
authorized by the Consti. itself. xxx (because the departments are mere extensions of
However, the prohibition against holding his personality, according to the Doctrine of
dual or multiple offices or employment under Art. Qualified Political Agency, so no objection can be
VII, Sec. 13 must not be construed as applying to validly raised based on Art. VII, Sec. 13.)
posts occupied by the Executive officials specified (2) The President is the Chairman of NEDA. (Art.
therein w/o addition compensation in an ex-officio XII, Sec. 9)
capacity as provided by law and as required by
the primary functions of said official's office. The b. Vice-President
reason is that these posts do not comprise "any Art. VII, Sec. 3. xxx The Vice-President may be
other office" w/in the contemplation of the appointed as member of the Cabinet. Such
constitutional prohibition but are properly an appointment requires no confirmation
imposition of additional duties and function on
said officials. Adapted. .c. Cabinet
(1) The Secretary of Justice shall be an ex-officio
Compare Prohibitions against other officials member of the Judicial and Bar Council. (Art.
VIII, Sec. 8[1])
Art. VI, Sec. 13. No Senator or Member of the 2) Unless otherwise allowed by law or by the
House of Representatives may hold any other primary functions of his position, appointive
office or employment in the Government, or any officials shall not hold any other office or
subdivision, agency, or instrumentality thereof, employment in the Government or any subdivi-
including government owned or controlled sion, agency or instrumentality thereof, including
corporations or their subsidiaries, during his term government- owned or controlled corporations or
without forfeiting his seat. Neither shall he be their subsidiaries. (Art. IX, B, 7, par. 2) Art. VII,
appointed to any office which may have been Sec. 13 talks of "unless otherwise provided by the
created or the emoluments thereof increased Constitution." In the case of Cabinet members,
during the term for which he was elected. this refers to Art. IX, B, 7, par. 2. Thus, the
Constitution allows a Cabinet member to hold
Art. IX, A, Sec. 2. No Member of a another office provided either (1) such is
Constitutional Commission shall, during his necessitated by the primary functions of his
tenure, hold any other office or employment. position (e.g. Secretary of Trade and Industry as
Neither shall he engage in the practice of any Chairman of NDC, Secretary of Agrarian Reform
profession or in the active management or control as Chairman of the Land Bank), or (ii) is allowed
of any business which in any way may be affected by law. The validity of EO 284 allowing members
by the functions of his office, nor shall he be of the Cabinet and their Under-Secretaries to hold
financially interested, directly or indirectly, in any 2 additional offices was decided in the case of
contract with, or in any franchise or privilege CLU vs Exec. Secretary.
granted by the Government, any of its
subdivisions, agencies, or instrumentalities, 4. Succession
including government-owned or controlled
corporations or their subsidiaries. (1) At the beginning of term
Art. IX, B, Sec. 7. No elective official shall be Art. VII, Sec. 7.

eligible for appointment or designation in any The President-elect and the Vice-President elect
capacity to any public office or position during his shall assume office at the beginning of their
tenure. Unless otherwise allowed by law or by terms. xxx *This provision refers to the
the primary functions of his position, no President and Vice-President elected in the
appointive official shall hold any other office or regular election, and so the term referred to
employment in the Government or any begins on June 30 next following the election on
subdivision, agency or instrumentality thereof, the 2nd Monday of 1992, and every 6 years
including government-owned or controlled thereafter.
corporations or their subsidiaries.
Vacancy in the Presidency There are two
Art. VIII, Sec. 12. The Members of the Supreme sets of rules on succession, depending on
Court and of other courts established by law shall whether the vacancy took place before the
not be designated to any agency performing beginning of the term on June 30, or during the
quasi-judicial or administrative functions. pendency of the terms that commences on June
30. (The cut-off point is unsettled. One view is
Exceptions to rule prohibiting executive that the cut-off is noon of June 30, as expressed
officials from holding additional positions: in Art. VII, Sec. 4, par. 1. The other view is that

39
the cut-off is midnight of June 29 when June 30 In case both the President of the Senate and the
begins.) Speaker of the House are unable to act as
President, then Congress shall by law, provide for
A. Temporary or permanent vacancy in the the "manner of selecting" the one who will act as
Presidency before the term President until a President of Vice-President shall
have (been either "chosen" or "elected" pursuant
1. If the President-elect cannot assume his post to the special election referred to in VII, 10, and
at the beginning of his term because qualified.
i) he has not qualified as yet ( e.g. he had an
operation and so he could not take his oath of Art. VII, Sec. 7. xxx The Congress shall, by law,
office on June 30), provide for the manner in which one who is to act
ii) or a President has not been "chosen" and as President shall be selected until a President or
qualified as yet (e.g. there is a tie and Congress a Vice-President shall have qualified, in case of
has not yet broken the tie), death, permanent disability, or inability of the
officials mentioned in the next preceding
then the Vice-President shall act as President until paragraph. (par. 6 thereof.)
the President-elect shall have qualified, or shall
have been "chosen: and qualified, as the case Art. VII, Sec. 10. The Congress shall, at ten
may be. (Art. VII, Sec. 7, pars. 2 & 3). o'clock in the morning of the third day after the
vacancy in the offices of the President and Vice-
Art. VII, Sec. 7. xxx If the President-elect fails President occurs, convene in accordance with its
to qualify, the Vice-President-elect shall act as rules without need of a call and within seven days
President until a President shall have been chosen enact a law calling for a special election to elect a
and qualified. If a President shall not have President and a Vice-President to be held not
been chosen, the Vice-President-elect shall act as earlier than forty-five days nor later than sixty
President until a President shall have been chosen days from the time of such call. The bill calling
and qualified. xxx such special election shall be deemed certified
under paragraph 2, Section 26, Article VI of this
2. If the President-elect Constitution and shall become law upon its
i) dies, or approval on third reading by the Congress.
ii) becomes permanently disabled "at the Appropriations for the special election shall be
beginning of the term of the President" (i.e., charged against any current appropriations and
before the term), shall be exempt from the requirements of
paragraph 4, Section 25, Article VI of this
then the Vice-President elect shall become the Constitution. The convening of the Congress
President. (Id., par. 4) cannot be suspended nor the special election
postponed. No special election shall be called if
Art. VII, Sec. 7. xxx If at the beginning of the the vacancy occurs within eighteen months before
term of the President, the President-elect shall the date of the next presidential election.
have died or shall have become permanently
disabled, the Vice-President-elect shall become
President. (2) During term
3. If both President and Vice-President Art. VII, Sec. 8. In case of death, permanent
(i) have not been "chosen" or disability, removal from office, or resignation of
(ii) have not qualified, or the President, the Vice-President shall become
(iii) die, or the President to serve the unexpired term. In
(iv) become permanently disabled, case of death, permanent disability, removal from
office, or resignation of both the President and
then the President of the Senate, or in case of his Vice-President, the President of the Senate or, in
inability, the Speaker of the House, shall act as case of his inability, the Speaker of the House of
President until a President or a Vice-President Representatives, shall then act as President until
shall have been "chosen" and qualified. (par. 5) the President or Vice-President shall have been
elected and qualified.
Art. VII, Sec. 7. xxx Where no President and
Vice-President shall have been chosen or shall have The Congress shall, by law, provide who shall
qualified, or where both shall have died or become
serve as President in case of death, permanent
permanently disabled, the President of the Senate
disability, or resignation of the Acting President.
or, in case of his inability, the Speaker of the House
of Representatives shall act as President until a He shall serve until the President or the Vice-
President or a Vice-President shall have been chosen President shall have been elected and qualified,
and qualified. (par. 5 thereof.) and be subject to the same restrictions of powers
and disqualifications as the Acting President.

40
the President and Vice-President in order for the
B. Permanent Vacancy in the Presidency during Senate President, or the Speaker, or, in their
the term inability, the one provided to succeed according
1. In case of the President's to the Law of Succession passed by the Congress,
(i) death to succeed as Acting President until the
(ii) permanent disability, qualification of the President.
(iii) removal from office (the only way is by
impeachment), or c) The Law on Succession must be passed by the
(iv) resignation, the Vice-President shall become Congress in both cases in the event that the
President for the unexpired portion of the term. President, Vice-President, Senate President and
(par. 1) the Speaker are all unable to act as President.
But in the case of a vacancy occurring before the
2. In case of both the President's and Vice- term, the law provides only for the "manner of
President's death, permanent disability, removal selecting" the Acting President, while in the case
from office (by impeachment), or resignation, of a vacancy occurring during the term, it
then the Senate President or, in case of his provides for "the person" who shall act as
inability, the Speaker of the House, shall act as President. In both cases, the stint of the Acting
President until the President or Vice-President President is temporary.
shall have been "elected" (pursuant to the special
election in Art. VII, Sec. 10) and qualified. (par. d) When the vacancy comes before the term, the
1.) Constitution talks of the successor acting as
When the Acting President (i.e., the Senate President until a President has been "chosen" and
President, or Speaker of the House) dies, "qualified"; when it comes during, it talks of
becomes permanently disabled, or resigns (but is "elected" and qualified. The reason is that before
not removed, because there is no need to the term, the vacancy in the Presidency need not
impeach him, his stay being temporary), then the be filled up by election, since it may be filled up
Congress shall by law, provide "who" shall be by a vote of Congress in case of a tie (Art. VII,
Acting President until the President or Vice- Sec. 4, par. 5); but during the term, the only way
President shall have been "elected" (pursuant to to fill up the vacancy is by special election.
the special election in Art. VII, Sec. 10) and
qualified. This Acting President shall be subject e) A special election in both cases is held,
to the same restrictions of powers and pursuant to Art. VII, Sec. 10, only when both
disqualifications.(par. 2) offices of President and Vice-President are vacant.
However, if the vacancy occurs before the term,
Estrada vs Arroyo the grounds are limited to 2 (death and
The SC held that Pres Estrada resigned, permanent disability or both), while if the vacancy
thereby leaving the position vacant. This was occurs during the term, the grounds are 4 (death,
based on statements he executed before he left permanent disability, removal, and resignation).
Malacanang and the published diary of E. Angara
in the Philippine Daily Inquirer. f) The vacancy that occurs before the term of
office may be temporary or permanent; the
Estrada v. Desierto (2001) – vacancy that occurs during the term of office can
The president’s resignation must willful only be a permanent one. Thus, a different set of
and intentional, and it must be strictly construed. rules applies, to be discussed next following, in
When impeachment proceedings have become case of the temporary inability of the President
moot due to the resignation of the Pres, proper during the term of office.
criminal and civil cases may already be filed
against him. Art. VII, Sec. 10. The Congress shall, at ten
o'clock in the morning of the third day after the
Resolution on the Motion for Recon (2001) – vacancy in the offices of the President and Vice-
The totality test was applied to President occurs, convene in accordance with its
determine whether or not the president has rules without need of a call and within seven days
indeed resigned. Many things were considered enact a law calling for a special election to elect a
including the Angara Diary. President and a Vice-President to be held not
earlier than forty-five days nor later than sixty
Comparisons and distinctions between the two days from the time of such call. The bill calling
vacancies: such special election shall be deemed certified
under paragraph 2, Section 26, Article VI of this
a) The incumbent President never holds-over the Constitution and shall become law upon its
Presidency in any case. approval on third reading by the Congress.
Appropriations for the special election shall be
b) The vacancy must occur in the offices of both charged against any current appropriations and

41
shall be exempt from the requirements of In all these cases, the Vice-President temporarily
paragraph 4, Section 25, Article VI of this acts as the President.
Constitution. The convening of the Congress
cannot be suspended nor the special election Voluntary declaration of inability by President
postponed. No special election shall be called if
the vacancy occurs within eighteen months before a. When the President transmits to the Senate
the date of the next presidential election. President and the Speaker his written declaration
that he is unable to discharge the powers and
duties of his office, such powers and duties shall
(3) In case of temporary disability be discharged by the Vice-President as Acting
President.
Art. VII, Sec. 11. Whenever the President
transmits to the President of the Senate and the b. The Vice-President shall so act until the
Speaker of the House of Representatives his President transmits to the Senate President and
written declaration that he is unable to discharge the Speaker a written declaration that he is no
the powers and duties of his office, and until he longer unable to discharge his office.
transmits to them a written declaration to the
contrary, such powers and duties shall be Contested inability of the President
discharged by the Vice-President as Acting a. When majority of all the members of the
President. Whenever a majority of all the Cabinet transmit to the Senate President and
Members of the Cabinet transmit to the President Speaker their written declaration that the
of the Senate and to the Speaker of the House of President is unable to discharge his office, then
Representatives their written declaration that the the Vice-President shall immediately assume the
President is unable to discharge the powers and Presidency in an acting capacity.
duties of his office, the Vice-President shall b. The President can contest this by sending his
immediately assume the powers and duties of the own written declaration to the Senate President
office as Acting President. Thereafter, and Speaker, that no inability exists. Upon such
when the President transmits to the President of transmittal, the President shall automatically
the Senate and to the Speaker of the House of assume his office.
Representatives his written declaration that no c. Should the majority of the Cabinet insist on
inability exists, he shall reassume the powers and their original stand by transmitting a second
duties of his office. Meanwhile, should a majority written declaration of the President's inability
of all the Members of the Cabinet transmit within within 5 days from resumption of office of the
five days to the President of the Senate and to President, then Congress shall step in.
the Speaker of the House of Representatives their d. Upon receipt of this second declaration by the
written declaration that the President is unable to Cabinet, Congress shall convene, if it is not in
discharge the powers and duties of his office, the session, within 48 hours, without need of call, in
Congress shall decide the issue. For that accordance with its rules. (If it is already in
purpose, the Congress shall convene, if it is not in session, it must meet right away, as glimpsed
session, within forty-eight hours, in accordance from the fact that they only have 10 days to
with its rules and without need of call. If the decide, whereas if it is not in session, it must
Congress, within ten days after receipt of the last convene in 2 days and decide before the 12th
written declaration, or if not in session, within day.)
twelve days after it is required to assemble, e. Congress shall determine the President's
determines by a two-thirds vote of both Houses, inability within 10 days after receipt of the second
voting separately, that the President is unable to written declaration by the Cabinet if it is in
discharge the powers and duties of his office, the session, or within 12 days after it is required to
Vice-President shall act as President; otherwise, assemble by its respective presiding officer if it is
the President shall continue exercising the powers not in session.
and duties of his office. f. If the President, by a 2/3 vote of both houses
voting separately, determined to be "unable" to
*Temporary Vacancy in the Presidency during the discharge his office, then the Vice-President shall
term act as President. If less than 2/3 find him unable,
then the President shall continue exercising the
A vacancy in the Presidency arising from powers and duties of his office.
his disability can occur in any of the following
ways: Serious Illness of the President
1. A written declaration by the President Art. VII, Sec. 12. In case of serious illness of
2. Written declaration by the Cabinet the President, the public shall be informed of the
3. Finding by Congress by 2/3 vote that the state of his health. The members of the Cabinet
President is disabled. in charge of national security and foreign relations
and the Chief of Staff of the Armed Forces of the

42
Philippines, shall not be denied access to the convicted shall nevertheless be liable and subject
President during such illness. to prosecution, trial, and punishment according to
law.
5. Removal
[A more detailed discussion on this topic can be
Art. XI, Sec. 2. The President, the Vice- found above under Other Powers of Congress:
President, the Members of the Supreme Court, Impeachment.
the Members of the Constitutional Commissions,
and the Ombudsman may be removed from ]Bernas: The officer can still be tried for a
office, on impeachment for, and conviction of, criminal case aside from impeachment
culpable violation of the Constitution, treason, “Initiation” is governed by the rules of
bribery, graft and corruption, other high crimes, the House of Reps; “trial” is governed by the
or betrayal or public trust. All other public rules of the Senate. What is sought to be
officers and employees may be removed from discovered is not just the guilt or innocence in the
office as provided by law, but not by criminal sense, but a public official’s worthiness or
impeachment. unworthiness of the solemn trust conferred upon
him by the people. Thus, impeachment is
Art. XI, Sec. 3. political in nature.
(1) The House of Representatives shall have the
exclusive power to initiate all cases of 6. Powers and Functions of the President
impeachment.
(2) A verified complaint for impeachment may be (1) Executive Power
filed by any Member of the House of Art. VII, Sec. 1. The executive power shall be
Representatives or by any citizen upon resolution vested in the President of the Philippines.
of endorsement by any Member thereof, which Sec. 17. The President shall have control of all
shall be included in the Order of Business within the executive departments, bureaus, and offices.
ten session days, and referred to the proper He shall ensure that the laws be faithfully
Committee within three session days thereafter. executed.
The Committee, after hearing, and by a majority
vote of all its Members, shall submit its report to *The executive function is essentially the duty to
the House within sixty session days from such implement the laws within the standards imposed
referral, together with the corresponding by the legislature. Under the Constitution, this
resolution. The resolution shall be calendared for power is exercised by the President. Thus, when
consideration by the House within ten session the Cabinet and other branches of the Executive
days from receipt thereof. Department implement the law, they are acting
(3) A vote of at least one-third of all the under the control of the President.
Members of the House shall be necessary either
to affirm a favorable resolution with the Articles Marcos vs Manglapus
of Impeachment of the Committee, or override its F: This is a petition for mandamus asking
contrary resolution. The vote of each Member the Court to order the respondents to issue travel
shall be recorded. documents to Mr. Marcos and his immediate
(4) In case the verified complaint or resolution of family and to enjoin the implementation of the
impeachment is filed by at least one-third of all President's decision to bar their return to the
the Members of the House, the same shall Philippines. The issue is whether or not, in the
constitute the Articles of Impeachment, and trial exercise of executive power, the President may
by the Senate shall forthwith proceed. prohibit the Marcoses from returning to the Philip-
(5) No impeachment proceedings shall be pines.
initiated against the same official more than once HELD: Although the 1987 Constitution imposes
within a period of one year. limitations on the exercise of specific powers of
(6) The Senate shall have the sole power to try the President, it maintains intact what is
and decide all cases of impeachment. When traditionally considered as within the scope of
sitting for that purpose, the Senators shall be on executive power. Corollarily, the powers of the
oath or affirmation. When the President of the President cannot be said to be limited only to the
Philippines is on trial, the Chief Justice of the specific power enumerated in the Constitution. In
Supreme Court shall preside, but shall not vote. other words, executive power is more than the
No person shall be convicted without the sum of specific powers so enumerated. The
concurrence of two-thirds of all the Members of framers did not intend that by enumerating the
the Senate. powers of the Pres, he shall exercise those
(7) Judgment in cases of impeachment shall not powers and no other. These unstated residual
extend further than removal from office and powers are implied from the grant of executive
disqualification to hold any office under the power and which are necessary for the Pres to
Republic of the Philippines, but the party comply with his duties under he Consti.

43
The power of appointment by the President under
the 1987 Constitution has been significantly
(2) Control of executive departments curbed. It can be classified as follows:
Art. VII, Sec. 17. The President shall have With the consent of the Commission on
control of all the executive departments, bureaus, Appointments
and offices. He shall ensure that the laws be Sarmiento vs MIson
faithfully executed. "Control" is the powerof The power to appoint is fundamentally
an officer to alter or modify or nullify or to set executive or presidential in nature. Under the
aside what a subordinate has done in the 1935 Consti, almost all pres’l appointments
performance of his duties and to substitute one's required confirmation. The 1973 Consti placed
own judgment in that of a subordinate. Under absolute power of appointment in the Pres. The
the qualified political agency doctrine, “all the 1987 Consti is the middle ground of the previous
different executive and administrative Constis.
organizations are mere adjuncts of the Executive There are 4 groups of officers whom the
Dept, the heads of the various executive depts. Pres may appoint:
Are assistants and agents of the Chief Executive, 1. heads of the exec dept, ambassadors,
and, except in cases wherein the Chief Executive other public ministers and consuls,
is required by the Consti or by the law to act in offciers of the armedforces from the rank
person or the exigencies of the situation demand of colonel or naval capt and other officers
that he act personally, the multifarious executive whose appointments are vested in him;
and administrative functions of the Chief 2. all other officers of the gov’t whose
Executive are performed by and through the appointments are not otherwise provided
executive depts., performed and promulgated in by law;
the regular course of business, are, unless 3. those whom the Pres may be authorized
disapproved or reprobated by the Chief Executive, to appoint;
presumptively acts of the Chief Executive.” (Free 4. officers lower in rank whose
Telephone Workers Union vs. Minister of appointments Congress may by law vest
Labor and Employment) in the Pres alone
Heads of bureaus were deliberately
(3) General supervision of local moved from the provision of appointments
governments and autonomous regions requiring confirmation and were included in the
Art. X, Sec. 4. The President shall exercise 4th group and hence, their appointments no longer
general supervision over local governments. xxx need confirmation.
Art. X, Sec. 16. The President shall exercise
general supervision over autonomous regions to Bautista vs Salonga
ensure that laws are faithfully executed. The position of Chairman of the CHR is
"General supervision" means the mere not specifically enumerated in the 1 st sentence of
overseeing of a subordinate to make sure that Art VII, Sec16. CHR should be independent, and
they do their duties under the law. But this does the officers’ tenure should not be dependent on
not include the power to overrule their acts, if the Pres. Hence, Commissioner Bautista should
these acts are within their discretion. be removed only for cause.
Ganzon vs CA Quintos-Deles vs Commission on

The grant of mere supervisory power Appointments
over local governments and autonomous regions The seats reserved for sectoral reps may
is in line with the policy of the State to promote be filed by appointment by the Pres under Art
the autonomy of local governments and XVIII, Sec7. It is indubitable that sectoral reps to
autonomous regions. There can be no real local the House are among the “other officers whose
autonomy while the National Government controls appointments are vested in the Pres in this
the local governments. Consti”, referred to in the 1st senrtence of ArtVII,
Sec16. These appointments require the
(4) Power of appointment confirmation of the Commission on Appointments.
Cruz: Appointment may be defined as the
selection, by the authority vested w/ the power, Calderon vs Carale (decided after the
of an individual who is to exercise the functions of promulgation of the 1987 Consti)
a given office. Sec 13 of RA 6715 amending Sec215,
The power of appointment is, according to the SC Labor Code requiring confirmation of the
in Concepcion v Paredes, the most eminently appointments of the officers of the NLRC was
executive power, because it is through his declared unconstitutional on the ff grounds:
appointees that the President can execute laws. 1. it expands the confirmation powers of the
CA without constitutional basis

44
2. appointment of the NLRC officers fall and consuls, or officers of the armed forces from
within the 2nd sentence of ArtVII, Sec16 the rank of colonel or naval captain, and other
(those whom the Pres may be authorized officers whose appointments are vested in him in
by law to appoint) and the 3rd group this Constitution. He shall also appoint all other
under the Mison cgoupings. Hence, these officers of the Government whose appointments
requirements do not require the are not otherwise provided for by law, and those
confirmation of the CA whom, he may be authorized by law to appoint.
3. it amends by legislation the 2 nd sentence The Congress may, by law, vest the appointment
of Art 7, Sec 16 by imposing the of other officers lower in rank in the President
confirmation of the CA on appointments alone, in the courts, or in the heads of
which are otherwise entrusted only to the departments, agencies, commissions or boards.
discretion of the Pres. The President shall have the power to
make appointments during the recess of
Ramos vs Alvarez (decided under the 1935 Congress, whether voluntary or compulsory, but
Consti) such appointment shall be effective only until
ISSUE: WON appointment of members of the disapproval by the Commission on Appointments
Provincial Board is subject to the confirmation of or until the next adjournment of the Congress.
the Commission on Appointments
HELD: Yes. Under the 1935 Consti, this (b) Ambassadors, other public ministers and
appointment falls under the 3rd group (“those consuls (Id.)
whom the Pres may be authorized by law to
appoint”). This appointment requires the (c) Officers of the Armed Forces of the Philippines
confirmation of the CA. with the rank of colonel or naval captain (because
Sec 21(b), Revised Election Code does these are officers of a sizeable command enough
not explicitly say that the power of appointment is to stage a coup) (Id.)
solely on the Pres. Absent a phrase of sole
designation, it is presumed to need the approval (d) Other officers whose appointments are vested
of the CA. in the President in the Constitution:
Notes: From the rulings in Sarmiento III v. (i) Chairman and Commissioners of the
Mison, 156 S 549), Bautista v. Salonga, 172 S Constitutional Commissions
160, and Deles v. Constitutional Commission, 177
S 259, these doctrines are deducible: Art. IX, B, Sec. 1.
(2) The Chairman and the Commissioners (of
1. Confirmation by the CA is required only for the Civil Service Commission) shall be appointed
presidential appointees as mentioned in the first by the President with the consent of the
sentence of Sec. 16, Art. VII, including, those Commission on Appointment for a term of seven
officers whose appointments are expressly vested years without reappointment. Of those first
by the Constitution itself in the president (like appointed, the Chairman shall hold office for
sectoral representatives to Congress and seven years, a Commissioner for five years, and
members of the constitutional commissions of another Commissioner for three years, without
Audit, Civil Service and Election). reappointment. Appointment to any vacancy
shall be only for unexpired term of the
2. Confirmation is not required when the predecessor. In no case shall any Member be
President appoints other government officers appointed or designated in a temporary or acting
whose appointments are not otherwise provided capacity
for by law or those officers whom he may be .Id., C, Sec. 1. (2) The Chairman and the
authorized by law to appoint (like the Chairman Commissioners (of the Commission on Elections)
and Members of the Com. on Human Rights). shall be appointed by the President with the
Also, as observed in Sarmiento v. Mison, when consent of the Commission on Appointment for a
Congress creates inferior offices but omits to term of seven years without reappointment. Of
provide for appointment thereto, or provides in an those first appointed, three Members shall hold
unconstitutional manner for such appointments, office for seven years, two Members for five
the officers are considered as among those whose years, and the last Members for three years,
appointments are not otherwise provided for by without reappointment. Appointment to any
law. vacancy shall be only for unexpired term of the
predecessor. In no case shall any Member be
(a) Heads of the executive departments appointed or designated in a temporary or acting
Art. VII, Sec. 16. The President shall nominate capacity.
and, with the consent of the Commission on
Appointments, appoint the heads of the executive Id., D, Sec. 1 (2) The Chairman and the
departments, ambassadors, other public ministers Commissioners (of the Commission on Audit)

45
shall be appointed by the President with the Upon recommendation of the Judicial and
consent of the Commission on Appointment for a Bar Council
term of seven years without reappointment. Of
those first appointed, the Chairman shall hold (a) Members of the Supreme Court and all other
office for seven years, a Commissioner for five courts
years, and another Commissioner for three years,
without reappointment. Appointment to any Art. VIII, Sec. 9. The Members of the Supreme
vacancy shall be only for unexpired term of the Court and judges of lower courts shall be
predecessor. In no case shall any Member be appointed by the President from a list of at least
appointed or designated in a temporary or acting three nominees prepared by the Judicial and Bar
capacity. Council for every vacancy. Such appointments
need no confirmation.
(ii) Regular members of the Judicial and Bar For the lower courts, the President shall issue the
Council (composed of the IBP representative, appointments within ninety days from the
professor of law, retired SC justice, and submission of the list.
representative of the private sector. Note the ex-
officio members: Chief Justice, Secretary of (b) Ombudsman and his 5 deputies (for Luzon,
Justice, and representative of Congress) Visayas, Mindanao, general and military)
Art. XI, Sec. 9. The Ombudsman and his
Art. VII, Sec. 8. (2) The regular members of Deputies shall be appointed by the President from
the (Judicial and Bar) Council shall appointed by a list of at least six nominees prepared by the
the President for a term of four years with the Judicial and Bar Council, and from a list of three
consent of the Commission on Appointments. Of nominees for every vacancy thereafter. Such
the Members first appointed, the representative appointments shall require no confirmation. All
of the Integrated Bar shall serve for four years, vacancies shall be filled within three months after
the professor of law for three years, the retired they occur.
Justice for two years, and the representative of
the private sector for one year. Appointment of Vice-President as Member of
the Cabinet
(iii) Sectoral representatives
Art. XVIII, Sec. 7. Until a law is passed, the Art. VII, Sec. 3. xxxThe Vice President may be
President may fill by appointment from a list of appointed as a Member of the Cabinet. Such
nominees by the respective sectors the seats appointment requires no confirmation
reserved for sectoral representation in paragraph
(2) of Section 5 of Article VI of this Constitution. Appointments solely by the President
Art. VII, Sec. 16. The President shall xxx also

(iv) Regional Consultative Commission appoint all other officers of the Government
Art. X, Sec. 18. The Congress shall enact an whose appointments are not otherwise provided
organic act for each autonomous region with the for by law, and those whom, he may be
assistance and participation of the regional authorized by law to appoint. The Congress may,
consultative commission composed of by law, vest the appointment of other officers
representatives appointed by the President from a lower in rank in the President alone, in the courts,
list of nominees from multisectoral bodies. The or in the heads of departments, agencies,
organic act shall define the basic structure of commissions or boards.
government for the region consisting of the
executive department and legislative assembly, The President shall have the power to make
both of which shall be elective and representative appointments during the recess of Congress,
of the constituent political units. The organic acts whether voluntary or compulsory, but such
shall likewise provide for special courts with appointment shall be effective only until
personal, family, and property law jurisdiction disapproval by the Commission on Appointments
consistent with the provisions of this Constitution or until the next adjournment of the Congress.
and national laws. The creation of the
autonomous region shall be effective when
approved by majority of the votes cast by the 1. Those vested by the Constitution on the
constituent units in a plebiscite called for the President alone (e.g. appointment of Vice-
purpose, provided that only provinces, cities, and President to the Cabinet) [Art. VII, Sec. 3(2)]
geographic areas voting favorably in such 2. Those whose appointments are not otherwise
plebiscite shall be included in the autonomous provided by law.
region. 3. Those whom he may be authorized by law to
appoint.
4. Those other officers lower in rank whose

46
appointment is vested by law in the President (2) endanger public safety (e.g. Chief of Staff).
(alone). The phraseology is muddled.
This provision seems to have overruled previous
The meaning of #4 was touched upon in pronouncements of the Supreme Court on the
Sarmiento v Mison. In arguing that even validity of "midnight appointments".(Ad interim
bureau chiefs needed confirmation even if they appointments could either be "midnight", if made
are of inferior rank, the argument was the by the President before he steps down from office
phrase, "The Congress may, by law, vest in the or recess, if made by the President when
appointment of other officers lower in rank in the Congress is not in session.)
President alone" meant that until a law is passed
giving such appointing power to the President Aytona v Castillo,
alone, then such appointment has to be The SC ruled that while "midnight appointments"
confirmed. Only after such law is passed does are not illegal, they should be made in the
the necessity for confirmation no longer hold. capacity of a "care-taker" doubly careful and
The SC dismissed this view however, saying that prudent in making the selection, so as not to
the inclusion of the word "alone" was an defeat the policies of the incoming administration.
oversight. Thus, the Constitution should read Said the court: After the proclamation of an
"The Congress may, by law, vest the appointment incoming President, the outgoing President is no
of other officers lower in rank in the President." more than a "caretaker" administrator duty bound
to prepare for the orderly transition to the new
President, and he should not do acts that would
(5) Limitations on appointing power of the obstruct the policies of his successor. The
President` filling up of vacancies in important posts, if few,
and so spaced as to afford some assurance of
Art. VII, Sec. 13. xxxThe spouse and relatives deliberate action and careful consideration of the
by consanguinity or affinity within the fourth civil need for the appointment and the appointees
degree of the President shall not during his tenure qualifications, may be undoubtedly permitted. But
be appointed as Members of the Constitutional the issuance of 350 appointments in one night,
Commissions, or the Office of the Ombudsman, or and the planned induction of almost all of them a
as Secretaries, Undersecretaries, chairmen or few hours before the inauguration of the new
heads of bureaus or offices, including President may be regarded as abuse of
government-owned or controlled corporations and presidential prerogatives.
their subsidiaries.
Quisumbing v Tajanglangit,
Id., Sec. 15. Two months immediately before The SC emphasized that the Aytona ruling does
the next presidential elections and up to the end not declare all midnight appointments as invalid,
of his term, a President or Acting President shall and that the ad interim appointment of the
not make appointments, except temporary petitioner chief of police here, whose qualification
appointments to executive positions when and regularity were not disputed, except for the
continued vacancies therein will prejudice public fact that it was made during the last few days of
service or endanger public safety. the old administration, is thus not invalid.
a. The spouse and relatives by consanguinity or In Re Appontment of Valenzuela

affinity within the 4th civil degree of the President The Pres is not required to fill vacancies in the
shall not, during his "tenure". be appointed as judiciary, in view of Art VIII, Secs 4(1) and 9 of
(i) members of the Constitutional Commissions, the Consti during the period of ban on
(ii) member of the Office of Ombudsman, appointments imposed by ArtVII, Sec15. The
(iii) Secretaries, said provisions of ArtVIII merely require the Pres
(iv) Undersecretaries, to fill vacancies in the court within the timeframes
(v) Chairmen or heads of bureaus or offices, provided unless prohibited by said ArtVII, Sec 15.
including government-owned or controlled The constitutional requirement for the Pres to
corporations and their subsidiaries. make appointments to the judiciary within 90
b. Two months immediately before the next days applies only to the period not covered by
presidential elections (2nd Monday of March), ArtVII, Sec15.
and up to the end of his "term" (June 30), a
President (or Acting President) shall not make De Rama v. CA (2001)
appointments. The prohibition against midnight appointments
applies only to the president and does not extend
Exception: to local elective officials. Moreover, there is no
Temporary appointments, to executive positions, law that prohibits local elective officials from
when continued vacancies therein will making appointments during the last days of his
(1) prejudice public service (e.g. Postmaster) or or her tenure.

47
appointing power. The appointee does not enjoy
Interim or recess appointments security of tenure. This is te kind of appointment
that the Consti prohibits the Pres from making to
Art VI, Sec. 19. The Electoral Tribunals and the the independent constitutional commissions.
Commission on Appointments shall be constituted
within thirty days after the Senate and the House Pacete vs Secretary
of Representatives shall have been organized with The mere filing of a motion for
the election of the President and the Speaker. reconsideration of the confirmation of an
The Commission on Appointments shall meet only appointment cannot have the effect of recalling or
while the Congress is in session, at the call of its setting aside said appointment. The Consti is
Chairman or a majority of all its Members, to clear – there must either be a rejection by the
discharge such powers and functions as herein Commission on Appontments or non-action on its
conferred upon it. part for the confirmation to be recalled.
Also, the power to approve or disapprove
Art. VII, Sec. 16. xxx The President shall have appointments is conferred on the CA as a body
the power to make appointments during the and not on the individual members.
recess of Congress, whether voluntary or
compulsory, but such appointment shall be Temporary Designations:
effective only until disapproval by the Commission
on Appointments or until the next adjournment of Administrative Code of 1987, Book III Sec.
the Congress. 17
The President may designate an officer already in
Regular and recess (ad-interim) appointments the govt. service or any other competent person
to perform the functions of any office in the
Appointments requiring confirmation are executive branch, appointment to which is vested
of two kinds, (i) regular, if the CA, that is, in him by law, when:
Congress, is in session, or (ii) during the recess of (a) The officer regularly appointed to the office is
Congress (because the Commission shall meet unable to perform his duties by reason of illness,
only while Congress is in session [Art. VI, Sec. absence or any other cause; or
19]). (b) There exists a vacancy;
In no case shall a temporary designation exceed
Regular appointments one (1) year.
require confirmation before the appointee can
take his post. The President nominates, Congress (6) Limitations on the appointing power of
receives the nomination and forwards this to the the Acting President
CA for confirmation, then the Office of the Art. VII, Sec. 14. Appointments extended by an
President issues a Commission, at which point the Acting President shall remain effective unless
appointee can assume his office. revoked by the elected President within ninety
days from his assumption or reassumption of
Recess appointments, office.
on the other hand, need no confirmation to be
effective, albeit temporarily. The appointment is * deals with appointments made by an
effective until it is disapproved by the acting Pres
Commission on Appointments, or until the next
adjournment of Congress (unless meantime, it is Art. VII, Sec. 15. Two months immediately
confirmed by the Commission) (Art. VII, Sec. 16, before the next presidential elections and up to
par. 2) the end of his term, a President or Acting
President shall not make appointments, except
Matibag vs Benipayo temporary appointments to executive positions
Ad interim appointment – a permanent when continued vacancies therein will prejudice
appointment made by the Pres in the meantime public service or endanger public safety. *deals
that Congres is inrecess. It is permanent as it with appointments made by a Pres within 2
takes effect immediately and can no longer be months before the next Presidential elections and
withdrawn bythe Pres once the appointee has up to the end of his term
qualified into office. The fact that it is subject to
the confirmation of the Commission on Art. VII, Sec. 16. xxx The President shall have
Appointments does not alter its permanent the power to make appointments during the
character. Hence, said appointment is effective recess of the Congress, whether voluntary or
until (1) disapproved by the CA or (2) the next compulsory, but such appointments shall be
adjournment of Congress effective only until disapproval by the Commission
Acting/Temporary appointment – can be on Appointments or until the next adjournment of
withdrawn or revoked at the pleasure of the the Congress.

48
An absolute pardon is one extended w/o any
*deals with regular presidential strings attached, so to speak, whereas a
appointments. With or without confirmation of the conditional pardon is one under w/c the convict is
CA, and with recess or ad interim appointments. required to comply w/ certain requirements.
A plenary pardon extinguishes all the penalties

(7) Executive clemencies imposed upon the offender, including accessory
disabilities, whereas partial pardon does not.
Art. VII, Sec. 19. Except in cases of
impeachment, or as otherwise provided in this
Constitution, the President may grant reprieves, Where the pardon is conditional, the offender has
commutations, and pardons, and remit fines and the right to reject the same since he may feel
forfeitures, after conviction by final judgment. that the condition imposed is more onerous than
It shall also have the power to grant the penalty sought to be remitted. But in the
amnesty with the concurrence of a majority of all case of an absolute pardon, the pardonee has no
the Members of the Congress. option at all and must accept it whether he likes it
or not. In this sense, an absolute pardon is
Art. IX, C, Sec. 5. No pardon, amnesty, parole similar to commutation, w/c is also not subject to
or suspension of sentence for violation of election acceptance by the offender.
laws, rules, and regulations shall be granted by
the President without the favorable Amnesty is a sovereign act of oblivion for past
recommendation by the Commission (on acts, granted by government generally to a class
Elections.) of persons who have been guilty usually of
political offenses (treason, sedition, rebellion),
*The President may grant (i)reprieves, and who are subject to trial but have not yet been
(ii) commutations, and (iii) pardons, and (iv) convicted, and often conditioned upon their return
remit fines and forfeitures, after conviction by to obedience and duty within a prescribed time.
final judgment, except : (a) In cases of (Black; Brown v Walker, 161 US 602).
impeachment, and (b) As otherwise
provided in this Constitution, viz Probation is a disposition under which a
defendant after conviction and sentence is
Definitions released subject to conditions imposed by the
court and to the supervision of a probation
Reprieve is a temporary relief from or officer. [Sec. 3 (a), PD 968.]
postponement of execution of criminal penalty or
sentence or a stay of execution. It does not more Parole is the suspension of the sentence of a
than stay the execution of a sentence extended to convict granted by a Parole Board after serving
a prisoner to afford him an opportunity to procure the minimum term of the indeterminate sentence
some amelioration of the sentence imposed. penalty, without granting a pardon, prescribing
(Black.) It is the withholding of a sentence for an the terms upon which the sentence shall be
interval of time, a postponement of execution, a suspended.
temporary suspension of execution. (People vs.
Vera, infra.) (a) Pardon distinguished from probation
Commutation is a reduction of sentence. (Black.) People vs. Vera, 65 P 56 (1937)

It is a remission of a part of the punishment; a Probation and Pardon are not coterminous; nor
substitution of a less penalty for the one originally are they the same. They are actually distinct and
imposed. (People vs. Vera, infra.) different from each other, both in origin and
nature. In probation, the probationer is in no
Pardon is a permanent cancellation of sentence. true sense, as in pardon, a free man. He is not
(Black) It is an act of grace proceeding from the finally and completely exonerated. He is not
power entrusted with the execution of the laws, exempt from the entire punishment w/c the law
which exempts the individual on whom it is inflicts. Under the Probation Act, the
bestowed, from the punishment the law inflicts probationer's case is not terminated by the mere
for the crime he has committed. It is a remission fact that he is placed on probation. The
of guilt, a forgiveness of the offense. (People v probationer, during the period of probation,
Vera, infra.) remains in legal custody-- subject to the control
of the probation officer and of the court, he may
Kinds of Pardon.-- Pardon may be classified into be rearrested upon the non-fulfillment of the
absolute or conditional and plenary or partial. conditions of probation and, when rearrested,
may be committed to prison to serve the
sentence originally imposed upon him. *Notes:

49
In both cases, there must be a final judgment of
conviction, and the convict must be exempted
from service of sentence. But pardon is granted
by the Chief Executive for any crime, while (c) Pardon distinguished from Amnesty
probation is granted by the court after
investigation by a probation officer only for cases 1. Pardon is usually granted for common crimes;
where the penalty imposed does not exceed 6 amnesty, for political crimes.
years and 1 day (prision mayor), where the crime 2. Pardon is granted to individuals; amnesty, to a
is not against the security of the State, where group, class, or community generally.
there was no previous conviction for an offense 3. Pardon can only be granted after conviction;
punished by arresto mayor, and where there was amnesty may be granted even before trial.
no previous availment of probation. 4. Pardon looks forward and relieves the offender
In absolute pardon, the sentence and its from the consequences of an offense of which he
effects, including the accessory penalties, are has been convicted, that is, it abolishes or
abolished upon the grant of pardon. In probation, forgives the punishment; amnesty looks back-
the restoration of the probationer to his civil ward and abolishes and puts into oblivion the
rights takes places only after his final discharge offense itself, that is, it overlooks and obliterates
after the period of his probation. (Secs. 14 & 16) the offense with which the convict is charged that
the person released stands precisely as though he
had committed no offense. (Barrioquinto v
(b) Pardon distinguished from Parole Fernandez, infra.)
5. Pardon is a private act of the President w/c
Pardon may be granted by the Chief Executive must be pleaded and proved by the person bec.
under the Constitution and formerly the the courts do not take judicial notice of it;
Administrative Code, at any time after final amnesty is a public act of w/c the courts take
judgment of conviction, even before service; judicial notice. (Cruz, Philippine Political Law,
while parole is granted by the Board of Pardons 1991 ed.)
and Parole under the Indeterminate Sentence Law 6. Pardon does not require the concurrence of
only after the convict has served the minimum the Congress; amnesty requires such
term of his sentence. In pardon, the convict concurrence. (id.)
becomes a free man; in parole, he is not really
free because although he his released from the Barrioquinto et al v. Fernandez
custody of the law, he must submit to periodic It is not necessary for them to plead guilty before
examination by the Board of Parole. they are entitled to the benefits of amnesty. It is
sufficient that evidence shows that the offense
Tesoro v Director of Prisons, committed comes within the terms of the
The SC dismissed the contention that because amnesty proclamation.
parole is not mentioned in the Constitution, then
the power to grant parole is also deemed Pardon – granted by the Chief Executive; private
repealed. The Court said that parole is part of act which must be pleaded and proven by the
the pardoning power of the President. Justice person pardoned because courts take no notice
Fernando points out, however, that this is not thereof; granted to a person after conviction;
accurate. If ever the President has the power to looks forward and relieves offender from
grant parole, it is because the law grants him that consequences of an offense of which he has been
power, and not because parole is part of pardon. convicted; abolishes punishment.
One of the conditions for the pardon was
that “he will not commit any other crime and will Amnesty – proclamation by the Chief Exec with
conduct himself in an orderly manner.” Mere the concurrence of Congress; public act which the
commission and not conviction will suffice. The courts should take judicial notice of; granted to a
determination of whether he violated the class of persons who may be guilty of political
conditions of the pardon rests solely on the sound offenses; granted before criminal prosectution or
discretion of the Pres. sometimes after conviction; looks backward and
abolishes the offense itself so that he stands
Torres v. Gonzales The grant of pardon and before the law as thugh he had committed no
determination of the terms and conditions of a offense
conditional pardon are purely executive acts and
are not subject to judicial scrutiny. *Notes: The fifth distinction bet. pardon and
The determination of the occurrence of a breach amnesty is that pardon is a private act of the
of a condition of a pardon may be (1) purely President, and so must be impleaded in court;
executive or (2) a judicial act consisting of a trial amnesty is a public act by the President and
and conviction for violation of conditional pardon. Congress, and so the court is enjoined to take
The Pres may choose which proceeding to use. judicial notice of it. (supra)

50
The 5th distinction (pardon is a private act while disqualification from voting and being elected
amnesty is a public act) is not true in Philippine incident to criminal conviction under Sec 94(a) of
law. The case holds that pardon must be raised the Election Code.
as a defense, otherwise the court cannot take The Chief Executive, after inquiry into the
judicial notice of such pardon. But under Art. 89 environmental facts, should be at liberty to atone
of the RPC, absolute pardon extinguishes criminal the rigidity of the law to the extent of relieving
liability. And under the Constitution, pardon can completely the party or parties concerned from
only be granted after final conviction. If so, once, the accessory and resultant disabilities of criminal
a convict has been granted pardon, this implies conviction.
that he has already been convicted, and that
precisely he has been exempted from the penalty Monsanto vs Factoran
arising from conviction. Why would he still have Pardon implies guilt and does not erase the fact
to invoke it? This seems to contemplate a of the commission of the crime and the conviction
situation where he is being charged again of the thereof. It does not ipso facto restore a convicted
same crime, and that he needs to invoke the felon to a public office necessarily relinquished or
pardon as a defense, which is impossible because forfeited by reason of the conviction although
of double jeopardy. *Notes: "Pardon granted after conviction
frees the individual from all the penalties and
The error in the Barrioquinto ruling is that it legal disabilities and restores him to all his civil
borrowed this distinction from American law, rights. But unless expressly grounded on the
which allows the President the power to grant person's innocence (w/c is rare), it cannot bring
pardon even before conviction (thus, Ford was back lost reputation for honesty, integrity and fair
able to pardon Nixon even without a trial.) dealing. This must be constantly kept in mind
Such was our law under the Jones Law of lest we lose track of the true character and
1916. But under the 1935 Constitution, this rule purpose of the privilege. xxx"
was changed: pardon could only be granted after
conviction, In 1973, it was made stricter: (e) Sanctions for violations of conditional
pardon could be granted only after "final" pardon
conviction. Then, in 1981, the phrase "after final
conviction" was dropped, thus going back to the Torres vs Gonzales
rule under the Jones Law and the President could
grant pardon anytime. In 1987, the phrase In proceeding against a convict who has been
reads: "after conviction by final judgment." conditionally pardoned and who is alleged to have
Aside from extinguishing criminal liability, breached the conditions of his pardon, the
pardon also works to remit fines and forfeitures Executive Dept. has 2 options: (i) to proceed
paid in favor of the Government. But it does not against him under Sec. 64(i), RAC; or (ii) to
automatically restore the public office forfeited, proceed against him under Art. 159, RPC which
nor relieve the pardonee of civil liability and other imposes the penalty of prision correccional
claims pertaining to the private offended party. minimum period, upon a convict who having been
granted conditional pardon by the Chief
Executive, shall violate any of the conditions of
(d) Effects of Pardon such pardon. Here, the President has chosen to
proceed against the petitioner under the RAC.
Cristobal v Labrador, There are 2 limitations That choice is an exercise of the executive
upon the exercise of the constitutional prerogative and not subject to judicial scrutiny.
prerogative of the Pres. to grant pardon: (1)
that the power be exercised after conviction; (2)
that such power does not extend to cases of (f) Does pardoning power apply to
impeachment. xxx An absolute pardon not only administrative cases?
blots out the crime committed but it also removes
all disabilities resulting from conviction. In the Llamas vs Executive Secretary
present case, the disability is the result of The Const. does not distinguish bet. w/c cases
conviction w/o w/c there would be no basis for executive clemency may be exercised by the
the disqualification from voting. The pardon Pres., w/ the sole exclusion of impeachment
extended is conditional in the sense that "he will cases.
be eligible for appointment only to positions w/c If the President can grant reprieves,
are clerical or manual in nature involving no commutations and pardons, and remit fines and
money or prop. resp., " it is absolute insofar as it forfeitures in criminal cases, with much more
"restores the resp. to full civil and political rights." reason can she grant executive clemency in
administrative cases, which are clearly less
Pelobello v. Palatino serious than criminal offenses. However, the
Absolute pardon has the effect of removing the power of the President to grant executive

51
clemency in administrative cases refers only to object which is "to forgive and forego the
administrative cases in the Executive branch and prosecution of the crimes of rebellion, sedition,
not in the Judicial or Legislative branches of the etc." If total punishment is foregone in favor of
govt. Hukbalahaps who succeeded in evading arrest, it
stands to reason that those who fell into the
Under the doctrine of Qualified Political Agency, clutches of the law have a better claim to
the different Executive departments are mere clemency for the remaining portion of a
adjuncts of the President. Their acts are punishment fixed for the same offense. The
presumptively the acts of the President until avowed practical objective of the amnesty is to
countermanded or reprobated by her. In this secure pledge of loyalty and obedience to the
case, the President in the exercise of her power of constituted authorities and encourage resumption
supervision and control over all executive of lawful pursuits and occupation. This objective
departments, may substitute her decision for that cannot be expected to meet with full success
of her subordinate. It is clearly within the power without the goodwill and cooperation of the
of the President not only to grant "executive Hukbalahaps who have become more embittered
clemency" but also to reverse or modify a ruling by their capture, prosecution and incarceration.
issued by a subordinate against an erring public Fundamentally and in their utmost effect, pardon
official, where a reconsideration of the facts and amnesty are synonymous. Pardon includes
alleged would support the same. It is in this amnesty. Pardon and amnesty are both
sense that the alleged executive clemency was construed most strictly against the state.
granted.
Macaga-an vs People
Sec. 53, Chapter 7, Subtitle A, Title I, Book Petitioners were charged and convicted of estafa
V, Administrative Code of 1987 through falsification of public and commercial
Removal of Administrative Penalties or documents by the Sandiganbayan. They claimed
Disabilities.-- In meritorious cases and upon that they had been granted amnesty by President
recommendation of the (Civil Service) Marcos. The Sandiganbayan claimed that the
Commission, the President may commute or benefits of amnesty were never available to
remove administrative penalties or disabilities petitioners under PD 1182. The SC agreed with
imposed upon officers or employees in the Sandiganbayan that in fact the petitioners
disciplinary cases, subject to such terms and were expressly disqualified from amnesty. The
conditions as he may impose in the interest of the acts for which they were convicted were ordinary
service crimes without any political complexion and
consisting only of diversion of public funds to
(g) Who may avail of amnesty? private profit. The amnesty proclamation covered
only acts in the furtherance of resistance to duly
Tolentino vs Catoy constituted authorities of the Republic and applies
FACTS: Petitioner was a Hukbalahap who was only to members of the MNLF, or other anti-gov’t
found guilty of illegal assembly in furtherance of groups..
the Hukbalahap designs. After the judgment was
promulgated, the President issued Proc. No. 76 (8) Powers as commander-in-chief
granting amnesty to leaders and members of the
Hukbalahap. Petitioner who was already serving Art. VII, Sec. 18. The President shall be the
his sentence, sent a petition to the President for Commander-in- Chief of all armed forces of the
his release under the provisions of the procla- Philippines, and whenever it becomes necessary,
mation. No action was taken on his petition. He he may call out such armed forces to prevent or
then went to court and filed an application for a suppress lawless violence, invasion or rebellion.
writ of habeas corpus. In case of invasion or rebellion, when the public
HELD: Though some members of the Court safety requires it, he may, for a period not
question the applicability of Amnesty exceeding sixty days, suspend the privilege of the
Proclamation No. 76 to Hukbalahaps already writ of habeas corpus or place the Philippines or
undergoing sentence upon the date of its any part thereof under martial law. Within forty-
promulgation, the majority of the Court believe eight hours from the proclamation of martial law
that by its context and pervading spirit the or the suspension of the privilege of the writ of
proclamation extends to all members of the habeas corpus, the President shall submit a
Hukbalahap. It makes no exception when it report in person or in writing to the Congress.
announces that the amnesty is proclaimed in The Congress, voting jointly, by a vote of at least
favor of the leaders and members of the a majority of all its Members in regular or special
associations known as the Hukbalahap and session, may revoke such proclamation or
Pambansang Kaisahan ng Magbubukid (PKM). No suspension, which revocation shall not be set
compelling reason is apparent for excluding aside by the President. Upon the initiative of the
Hukbalahaps of any class or condition from its President, the Congress may, in the same

52
manner, extend such proclamation or suspension the duty of the courts of justice to settle actual
for a period to be determined by the Congress, if controversies involving rights which are legally
the invasion or rebellion shall persist and public demandable and enforceable, and to determine
safety requires it. whether or not there has been a grave abuse of
The Congress, if not in session, shall within discretion amounting to lack or excess of
twenty-four hours following such proclamation or jurisdiction on the part of any branch or
suspension, convene in accordance with its rules instrumentality of the Govt.
without need of a call.
The Supreme Court may review, in an appropriate Call out the AFP to prevent lawless violence - This
proceeding filed by any citizen, the sufficiency of is merely a police measure meant to quell
the factual basis of the proclamation of martial disorder. As such, the Constitution does not
law or the suspension of the privilege of the writ regulate its exercise radically
or the extension thereof, and must promulgate its
decision thereon within thirty days from its filing. Suspend the privilege of the writ of habeas corpus
A state of martial law does not suspend the - A "writ of habeas corpus" is an order from the
operation of the Constitution, nor supplant the court commanding a detaining officer to inform
functioning of the civil courts or legislative the court
assemblies, nor authorize the conferment of (i) if he has the person in custody, and
jurisdiction on military courts and agencies over (ii) what his basis in detaining that person.
civilians where civil courts are able to function,
nor automatically suspend the privilege of the The "privilege of the writ" is that portion of the
writ. writ requiring the detaining officer to show cause
The suspension of the privilege shall apply only to why he should not be tested. Note that it is the
persons judicially charged for rebellion or offenses privilege that is suspended, not the writ itself.
inherent in or directly connected with invasion.
During the suspension of the privilege of Requisites:
the writ, any person thus arrested or detained 1) There must be an invasion or rebellion, and
shall be judicially charged within three days, 2) The public safety requires the suspension.
otherwise he shall be released.
Effects of the suspension of the privilege:
Art. III, Sec. 13. All persons, except those 1) The suspension of the privilege of the writ
charged with offenses punishable by reclusion applies only to persons "judicially charged" for
perpetua when the evidence of guild is strong, rebellion or offenses inherent in or directly
shall, before conviction, be bailable by sufficient connected with invasion (Art. VII, Sec. 18, par.
sureties, or be released on recognizance as may 5). Such persons suspected of the above crimes
be provided by law. The right to bail shall not be can be arrested and detained without a warrant of
impaired even when the privilege of the writ of arrest.
habeas corpus is suspended. Excessive bail shall "Judicially charged" as used in the Constitution is
not be required. imprecise. For if one were already judicially
charged, his detention would be legal and so he
Art. VIII, Sec. 1. xxx Judicial power includes could no longer petition for habeas corpus.
the duty of the courts of justice to settle actual Habeas corpus precisely contemplates a situation
controversies involving rights which are legally in which a person is being detained without being
demandable and enforceable, and to determine charged in court. Thus, the provision should read
whether or not there has been a grave abuse of "one who is suspected of complicity in" the two
discretion amounting to lack or excess of crimes above.
jurisdiction on the part of any branch or
instrumentality of the Government. As a general rule, no person could be arrested
without a warrant of arrest (validly issued upon
*As Commander-in-Chief of all armed forces of probable cause to be determined personally by
the Philippines, the President has the following the judge after examination under oath or
powers: affirmation of the complainant and the witnesses,
a. He may call out such armed forces to prevent (cf. Art. III, Sec. 2), unless
or suppress lawless violence, invasion or (i) the arrest was made in connection with a
rebellion. crime committed in the presence of the detaining
b. He may suspend the privilege of the writ of officer, or
habeas corpus, or (ii) the privilege of the writ was suspended. If
c. He may proclaim martial law over the entire the public officer arrests him without a warrant,
Philippines or any part thereof. the officer becomes liable for "arbitrary detention"
under Art. 124 of the RPC, and a petition for
Subject to: habeas corpus can be filed to seek his release.
Art. VIII, Sec. 1 par. 2. Judicial power includes

53
The suspension of the privilege does not make Requisites:
the arrest without warrant legal. But the military 1) There must be an invasion or rebellion, and
is, in effect, enabled to make the arrest, anyway 2) Public safety requires the proclamation of
since, with the suspension of the privilege, there martial law all over the Philippines or any part
is no remedy available against such unlawful thereof.
arrest (arbitrary detention). The arrest without
warrant is justified by the emergency situation Effects of the proclamation of martial law:
and the difficulty in applying for a warrant The President can:
considering the time and the number of persons 1) Legislate
to be arrested. But the crime for which he is 2) Order the arrest of people who obstruct the
arrested must be one related to rebellion or the war effort.
invasion. As to other crimes, the suspension of
the privilege does not apply. But the following cannot be done (Art. VII, Sec.
18, par. 4)
2) During the suspension of the privilege of the 1) Suspend the operation of the Constitution.
writ, any person thus arrested or detained shall 2) Supplant the functioning of the civil courts and
be judicially charged within 3 days, or otherwise the legislative assemblies.
he shall be released. (Art. VII, Sec. 18, par. 6). The principle is that martial law is
In other words, the public officer can proclaimed only because the courts and other civil
detain a person without warrant of arrest, but he institutions like Congress have been shut down.
can only do so for 72 hours. Before the lapse of It should not happen that martial law is declared
72 hours, an information must have been filed in in order to shut down the civil institutions.
the proper court charging him of the offense for
which he was arrested. Under the Rules of 3) Confer jurisdiction upon military courts and
Criminal Procedure, if the detainee wants a agencies over civilians, where civil courts are
preliminary investigation to be first conducted by unable to function. This is the "open
the fiscal, he must sign a waiver of the effects of court" doctrine which holds that civilians cannot
Art. 125. (delay in the delivery of detained be tried by military courts if the civil courts are
persons) open and functioning. But if the civil courts are
The effect of the suspension of the not functioning, then civilians can be tried by the
privilege, therefore, is only to extend the periods military courts. Martial laws usually contemplates
during which he can be detained without a a case where the courts are already closed and
warrant. Under Art. 125, as amended by EO 272, the civil institutions have already crumbled, that
the public officer can only detain him for 12, 18 or is a "theater of war." If the courts are still open,
36 hours depending on the gravity of the offense the President can just suspend the privilege and
of which he is charged; within this time, he must achieve the same effect.
be judicially charged, otherwise, he must be re-
leased. When the privilege is suspended, the 4) Automatically suspend the privilege of the writ
period is extended to 72 hours. What happens if of habeas corpus.
he is not judicially charged nor released after 72 This overrules the holding in Aquino v Ponce-
hours? The public officer becomes liable under Enrile, 59 SCRA 183 (1974), that when the
Art. 125 for "delay in the delivery of detained President proclaims martial law, he also impliedly
persons." As to the detainee, it is submitted that suspends the privilege of the writ. The SC ruled
he or someone else in his behalf can file a petition that the supremacy of the Consti is not
for habeas corpus. For even if the suspension has diminished by the advent of national
a lifetime of 60 days in general, as to that person, emergencies.
the suspension only has an effectivity of 72
hours, so that after this time, the suspension is Under the present rule, the President can still
lifted as to him. suspend the privilege even as he proclaim martial
law, but he must so suspend expressly.
3) The right to bail shall not be impaired even
when the privilege of the writ of habeas corpus is The Role of Congress
suspended. (Art. III, Sec. 13) a. When the President proclaims martial law or
suspends the privilege of the writ, such
Art. III, Sec. 13. xxx The right to bail shall not proclamation or suspension shall be effective for a
be impaired even when the privilege of the writ of period of 60 days, unless sooner revoked by the
HC is suspended. Excessive bail shall not be Congress.
required. This new provision abrogates the b. Upon such proclamation or suspension,
ruling in Morales v Ponce- Enrile which held the Congress shall convene at once. If it is not in
contrary.Proclaim Martial Law session, it shall convene in accordance with its
rules without need of a call within 24 hours
following the proclamation or suspension.

54
c. Within 48 hours from the proclamation or the the validity of the proclamation or suspension.
suspension, the President shall submit a report, in The test to be used by the Supreme
person or in writing, to the Congress (meeting in Court in so reviewing the act of the President in
joint session of the action he has taken). d. The proclaiming or suspending, or the act of Congress
Congress shall then vote jointly, by an absolute in extending, is the test of arbitrariness which
majority. It has two options: seeks to determine the sufficiency of the factual
(i) To revoke such proclamation or suspension. basis of the measure. The question is not
whether the President or Congress acted
When it so revokes, the President cannot set correctly, but whether he acted arbitrarily in that
aside (or veto) the revocation as he normally the action had no basis in fact. Deciding on
would do in the case of bills. If Congress does whether the act was arbitrary amounts to a
not do anything, the measure will expire anyway determination of whether or not there was grave
in 60 days. So the revocation must be made abuse of discretion amounting to lack or excess of
before the lapse of 60 days from the date the jurisdiction, which is now made part of judicial
measure was taken. power by Art. VIII, Sec. 1, par. 2. This curbs
(ii) To extend it beyond the 60-day period of its radically the application of the political question
validity. doctrine.
Congress can only so extend the proclamation or
suspension upon the initiative of the President. Lansang v Garcia,
The period need not be 60 days; it could be more, The issue there raised was whether in suspending
as Congress would determine, based on the the privilege of the writ in 1971, Marcos had a
persistence of the emergency. If Congress fails basis for doing so. The SC, in considering the
to act before the measure expires, it can no fact that the President based his decision on (a)
longer extend it until the President again the Senate report on the condition in Central
redeclares the measure, for how do one extend Luzon and (b) a closed door briefing by the
something that has already lapsed? military showing the extent of subversion,
concluded that the President did not act
Note that Congress cannot "validate" the arbitrarily. One may disagree with his
proclamation or suspension, because it is already appreciation of the facts, but one cannot say that
valid. It is thus restricted to the 2 measures it is without basis. 2 conditions must cincur
above. If Congress extends the measure, but for the valid exercise of authority to suspend the
before the period of extension lapses, the privilege: (a) there must be an actual invasion,
requirements for the proclamation or suspension insurrection, rebellion or imminent danger and (b)
no longer exist, Congress can lift the extension, public safety must require the suspension of the
since the power to confer implies the power to privilege. This holding of the SC is now found in
take back. If Congress does not review or lift the Art. VII, Sec. 18, par. 3.] The function of
order, this can be reviewed by the Supreme Court the court is to check and not supplant the
pursuant to the next section. executive or to ascertain merely whether he has
gone beyond the constitutional limits of
The Role of the Supreme Court jurisdiction, The proper standard is not
The Supreme Court may review, in an appropriate correctness but arbitrariness.
proceeding filled by any citizen, the sufficiency of
the factual basis of With this test and the new provisions in the 1987
(a) the proclamation of martial law or the Constitution, the case of Garcia-Padilla v Ponce
suspension of the privilege of the writ, or Enrile, is, at last, overruled, and may it be so
(b) the extension thereof. It must promulgate its always. In that case, the SC held that the
decision thereon within 30 days from its filing. President's proclamation of martial law is beyond
(Art. VII, Sec. 18 par. 3) This is because judicial review, and that the citizen can only trust
judicial power includes the duty to determine that the President acts in good faith. The cases
whether or not there has been a grave abuse of of Barcelon v Baker and Montenegro v
discretion amounting to lack or excess of Castaneda, which ruled that the validity of the
jurisdiction on the part of any branch or suspension of the privilege was a political
instrumentality of the Government. (Art. VIII, question, are likewise buried in the grave of
Sec. 1, par. 2) judicial history.
The jurisdiction of the SC may be invoked in a
proper case. A petition for habeas corpus is one There are 4 ways, then, for the proclamation or
such case. When a person is arrested without a suspension to be lifted:
warrant for complicity in the rebellion or invasion, 1) Lifting by the President himself
he or someone else in his behalf has the standing 2) Revocation by Congress
to question the validity of the proclamation or 3) Nullification by the Supreme Court
suspension. But before the SC can decide on the 4) Operation of law after 60 days
legality of his detention, it must first pass upon

55
Military Trial of Civilians Void Even Under prescribe, to exercise powers necessary and
Martial Law, If Civil Courts Are Open. (Art. proper to carry out a declared national policy.
VII, Sec. 18, par. 5.). Unless sooner withdrawn by resolution of the
Congress, such powers shall cease upon the next
Aquino vs Military Commission No. 2, adjournment thereof. *This grant of
The SC upheld the power of the President emergency power to the President is different
to create military tribunals authorized to try not from the Commander-in-Chief clause. When the
only military personnel but also civilians even if at President acts under the Commander-in-Chief
that time civil courts were open and functioning, clause, he acts under a constitutional grant of
thus rejecting the "open court" theory. The SC military power, which may include the law-
there held: "Martial law creates an exception to making power. But when the President acts
the general rule of exclusive subjection to the civil under the emergency power, he acts under a
jurisdiction, and renders offenses against the laws Congressional delegation of law-making power.
of war, as well as those of a civil character, The scope of the grant is such "powers
triable by military tribunals. Public danger necessary and proper to carry out a declared
warrants the substitution of executive process for national policy." Under the 1935 Constitution,
judicial process. The immunity of civilians from this was construed the power to issue rules and
military jurisdiction, must, however, give way in regulations to carry out the declared policy. The
areas governed by martial law. xxx 1987 Constitution, it is submitted, does not
change the scope. "Power necessary and proper"
Olaguer vs Military Commission No. 34, should mean legislative power, because Congress
The Aquino vs. Military Commission No. 2 is only allowed to delegate legislative power,
decision was reversed. According to the SC, being its only inherent power. Its other powers
civilians who are placed on trial for civil offenses are only granted to it by the Constitution, and so
under general law are entitled to trial by judicial it cannot delegate what has only been delegated
process. Since we are not enemy-occupied to it. This power is (1) for a limited period, and
territory nor are we under a military govt. and (2) subject to such restrictions as Congress may
even on the premise that martial law continues in provide. The power ceases (a) upon being
force, the military tribunals cannot try and withdrawn by resolution of the Congress, or, if
exercise jurisdiction over civilians for civil Congress fails to adopt such resolution, (b) upon
offenses committed by them which are properly the next (voluntary) adjournment of Congress.
cognizable by the civil courts that have remained For the fact that Congress is able to meet in
open and have been regularly functioning. The session uninterruptedly and adjourn of its own
assertion of military authority over civilians will proves that the emergency no longer exists is
cannot rest on the President's power as to justify the delegation. This rule or the
Commander in Chief or on any theory of martial termination of the grant of emergency powers is
law. As long as civil courts remain open and are based on decided cases, which in turn became
regularly functioning, military tribunals cannot try Art. VII, Sec. 15 of the 1973 Constitution.
and exercise jurisdiction over civilians for offenses
committed by them and which are properly Araneta v Dinglasan,
cognizable by civil courts. To hold otherwise is a The Congress granted the President certain
violation of the right to due process. "The emergency powers. (CA671) After the war,
presiding officer at a court martial is not a judge Congress held a special session. The SC held that
whose objectivity and independence are protected the emergency power lasted only until Congress
by tenure and undiminshed salary and nurtured held its regular session. The fact that Congress
by the judicial tradition, but is a military officer. could now meet meant that there was no
Substantially different rules of evidence and emergency anymore that would justify the
procedure apply in military trials. Apart from delegation.The assertion that new legislation is
these differences, the suggestion of the possibility needed to repeal CA671 is not in harmony with
of influence on the actions of the court-martial by the Consti. If a new law were necessary to
the officer who convenes it, selects its members terminate it, then it would be unlimited and
and the counsel on both sides, and who usually indefinite. This would create an anomaly since
has direct command and authority over its what was intended to meet a temporary
members is a pervasive one in military laws, emergency becomes a permanent law.
despite strenuous efforts to eliminate the danger.
Rodriguez v Gella,
(9) Emergency powers The specific power to continue in force laws and
appropriations which would lapse or otherwise
Art. VI, Sec. 23. xxx (2) In times of war or become inoperative is a limitation on the general
other national emergency, the Congress, may, by power to exercise such other powers as the
law, authorize the President, for a limited period, executive may deem necessary to enable the
and subject to such restrictions as it may gov’t to fulfill its responsibilities and to maintain

56
and enforce its authority.Barlongay: Notice the or instrumentalities of such foreign governments,
apparent inconsistency bet. the Constitution and foreign financial institutions, or other international
the cases. The Consti. [Art. VI, Sec. 23 (2)] organizations, with whom, or belonging to
states that the emergency powers shall cease countries with which, the Philippines has
upon the next adjournment of Congress unless diplomatic relations, as may be necessary and
sooner withdrawn by resolution of Congress upon such terms and conditions as may be
whereas the cases tell us that the emergency agreed upon, to enable the Government of the
powers shall cease upon resumption of session. Republic of the Philippines to finance, either
To reconcile the two, I believe that it would not directly or through any government office, agency
be enough for Congress to just resume session in or instrumentality or any government-owned or
order that the emergency powers shall cease. It controlled corporation, industrial, agricultural or
has to pass a resolution withdrawing such other economic development purposes or projects
emergency powers, otherwise such powers shall authorized by law: Provided, That at least
cease upon the next adjournment of Congress. seventy-five per cent shall be spent for purposes
of projects which are revenue-producing and self-
liquidating, such as electrification, irrigation, river
(10) Contracting and guaranteeing foreign control and drainage, telecommunication,
loans housing, construction and improvement of
highways and bridges, airports, ports and
Art. VII, Sec. 20. The President may contract or harbors, school buildings, water works and
guarantee foreign loans on behalf of the Republic artesian wells, air navigation facilities,
of the Philippines with the prior concurrence of development of fishing industry, and other:
the Monetary Board, and subject to such Provided, That such foreign loans shall be used to
limitations as may be provided by law. The meet the foreign exchange requirements or
Monetary Board shall, within thirty days from the liabilities incurred in connection with said
end of every quarter of the calendar year, submit development projects to cover the cost of
to Congress a complete report of its decisions on equipment, related technical services and
applications for loans to be contracted or supplies, where the same are not obtainable
guaranteed by the Government, or government- within the Philippines at competitive prices as well
owned or controlled corporations, which would as part of the peso costs, other than working
have the effect of increasing the foreign debt, and capital and operational expenses not exceeding
containing other matters provided by law. twenty per cent of the loan: Provided, further,
That in the case of roads, bridges, irrigation,
Art. XII, Sec. 21. Foreign loans may only be portworks, river controls, airports and power, the
incurred in accordance with law and the amount shall not exceed seventy per cent of the
regulation of the monetary authority. Information loan. The authority of the President of the
on foreign loans obtained or guaranteed by the Philippines as herein provided shall include the
Government shall be made available to the public. power to issue, for the purposes hereinbefore
stated, bonds for sale in the international markets
Republic Act 4860 - AN ACT AUTHORIZING THE the income from which shall be fully tax exempt
PRESIDENT OF THE PHILIPPINES TO OBTAIN in the Philippines.
SUCH FOREIGN LOANS AND CREDITS, OR TO
INCUR SUCH FOREIGN INDEBTEDNESS, AS MAY Sec. 2. The total amount of loans, credits and
BE NECESSARY TO FINANCE APPROVED indebtedness, excluding interests, which the
ECONOMIC DEVELOPMENT PURPOSES OR President of the Philippines is authorized to incur
PROJECTS, AND TO GUARANTEE, IN BEHALF OF under this Act shall not exceed one billion United
THE REPUBLIC OF THE PHILIPPINES, FOREIGN States dollars or its equivalent in other foreign
LOANS OBTAINED OR BONDS ISSUED BY currencies at the exchange rate prevailing at the
CORPORATIONS OWNED OR CONTROLLED BY time the loans, credits and indebtedness are
THE GOVERNMENT OF THE PHILIPPINES FOR incurred: Provided, however, That the total
ECONOMIC DEVELOPMENT PURPOSES loans, credits and indebtedness incurred under
INCLUDING THOSE INCURRED FOR PURPOSES OF this Act shall not exceed two hundred fifty million
RE-LENDING TO THE PRIVATE SECTOR, in the fiscal year of the approval of this Act, and
APPROPRIATING THE NECESSARY FUNDS two hundred fifty million every fiscal year
THEREFORE, AND FOR OTHER PURPOSES. Be it thereafter, all in United States dollars or its
enacted by the Senate and House of equivalent in other currencies. All loans, credits
Representatives of the Philippines in and indebtedness under the preceding section
Congress assembled: shall be incurred only for particular projects in
Sec. 1. The President of the Philippines is hereby accordance with the approved economic program
authorized in behalf of the Republic of the of the Government and after the plans for such
Philippines to contract such loans, credits and projects shall have been prepared by the offices
indebtedness with foreign governments, agencies or agencies concerned, recommended by the

57
National Economic Council and the Monetary proceeds and creating the Fiscal Policy Council
Board of the Central Bank of the Philippines, and and the Technical Committee on Development
approved by the President of the Philippines. Finance, as amended by Executive Order No. 236,
dated May 26, 1966, not inconsistent with this
Sec. 3. The President of the Philippines is, Act, which are hereby adopted by reference and
likewise, hereby authorized, in behalf of the made an integral part of this Act.
Republic of the Philippines, to guarantee, upon
such terms and conditions as may be agreed Sec. 5. It shall be the duty of the President,
upon, foreign loans extended directly to, or bonds within thirty days after the opening of every
for sale in international markets issued by, regular session, to report to the Congress the
corporations owned or controlled by the amount of loans, credits and indebtedness
Government of the Philippines for industrial, contracted, as well as the guarantees extended,
agricultural or other economic development and the purposes and projects for which the
purposes or projects authorized by law, such as loans, credits and indebtedness were incurred,
those mentioned in Section one of this Act, and the guarantees extended, as well as such
including the rehabilitation and modernization of loans which may be reloaned to Filipino-owned or
the Philippine National Railways, the cash capital controlled corporations and similar purposes.Sec.
requirements of the Land Bank , electrification, 6. The Congress shall appropriate the necessary
irrigation, river control and drainage, amount of any funds in the National Treasury not
telecommunication, housing, construction and/or otherwise appropriated, to cover the payment of
improvement of highways, housing, construction the principal and interest on such loans, credits or
and/ or improvement of highways, airports, ports indebtedness as and when they shall become due.
and harbors, school buildings, waterworks and
artesian wells, air navigation, development of the Sec. 7. This Act shall take effect upon its
fishing industry, iron and nickel exploitation and approval.Approved, September 8, 1966.
development, and others: Provided, That at least
seventy five per cent shall be spent for purposes *Does Congress have to be consulted by the
or projects which are revenue-producing and self- President when he contracts or guarantees
liquidating. The loans/ or bonded indebtedness of foreign loans that increase the foreign debt
government-owned or controlled corporations of the country?
which may be guaranteed by the President under
this Act shall include those incurred by The affirmative view cites Art. VI, Sec. 24 which
government-owned or controlled financial holds that all bills authorizing increase of the
institutions for the purpose of re-lending to the public debt must originate exclusively from the
private sector and the total amount thereof shall House of Representatives, although the Senate
not be more than five hundred million United may propose or concur with amendments.
States dollars or its equivalent in other foreign
currencies at the exchange rate prevailing at the The negative, and stronger view, is that the
time the guarantee is made: Provided, That the President does not need prior approval by
government-owned or controlled financial Congress because the Constitution places the
institutions shall re-lend the proceeds of such power to check the President's power on the
loans and/ or bonded indebtedness to Filipinos or Monetary Board and not on Congress. Congress
to Filipino-owned or controlled corporations and may, of course, provide guidelines for contracting
partnerships, at least sixty-six and two-thirds per or guaranteeing foreign loans, and have these
centum of the outstanding and paid-up capital of rules enforced through the Monetary Board. But
which is held by Filipinos at the time the loan is that Congress has prior approval is a totally
incurred, such proportion to be maintained until different issue. At any rate, the present power,
such time as the loan is fully paid: Provided, which was first introduced in the 1973
however, That during anytime that any amount of Constitution, was based on RA 4860 or the
the loan remains outstanding, failure to meet with Foreign Loan Act. What used to be a statutory
the capital ownership requirement shall make the grant of power is now a constitutional grant which
entire loan immediately due and demandable, Congress cannot take away, but only regulate.
together with all penalties and interests, plus an
additional special penalty of two per centum on (11) Powers over foreign affairs
the total amount due. (a) Treaty-making power
Art. VII, Sec. 21. No treaty or international
Sec. 4. The implementation of this Act shall be agreement shall be valid and effective unless
subject to, and governed by, the provisions of concurred in by at least two-thirds of all the
Executive Order 236, dated February 13, 1957, members of the Senate. *By reason of the
prescribing procedures for the planning of President's unique position as head of state, he is
development finances, the issuance of the logical choice as the nation's spokesman in
government securities, and the disbursement of foreign relations. The Senate, on the other hand,

58
is granted the right to share in the treaty-making be noted that a treaty is not the only form that an
power of the President by concurring with him international agreement may assume. For the
with the right to amend. grant of treaty making power to the Executive
and the Senate does not exhaust the power of the
Treaty distinguished from executive govt. over international relations. Consequently,
agreements executive agreements may be entered into with
other states and are effective even without the
Executive agreements entered into by the concurrence of the Senate. From the point of view
President need no concurrence. The reason is of international law, there is no difference
that although executive agreements are a kind of between treaties and executive agreements in
international agreements, when the Constitution their binding effect upon states concerned as long
intends to include executive agreements, it says as the negotiating functionaries have remained
so specifically, as in Art. VIII, Sec. 5, par. 2, within their powers. The distinction between an
when it speaks of the power of the SC to review executive agreement and a treaty is purely a
final judgments of lower courts in cases in which constitutional one and has no international legal
the constitutionality or validity of any treaty, significance.
international or executive agreement, is in
question. Nature of Executive Agreements :
Commissioner of Customs vs. Eastern Sea There are 2 classes :

Trading, (1) agreements made purely as executive acts
International agreements involving political issues affecting external relations and independent of or
or changes in national policy and those involving without legislative authorization, which may be
international agreements of permanent character termed as presidential agreements, and
usually take the form of TREATIES. But the (2) agreements entered into in pursuance of acts
international agreements involving adjustments in of Congress, or Congressional-Executive
detail carrying out well-established national Agreements.
policies and traditions and those involving a more
or less temporary character usually take the form The Romulo-Snyder Agreement may fall under
of EXECUTIVE AGREEMENTS. any of these two classes, for precisely on Sept.
18, 1946, Congress specifically authorized the
USAFFE Veterans Assn. vs Treasurer President to obtain such indebtedness w/ the
FACTS: The central issue in this case concerns Govt of the US, its agencies or instrumentalities.
the validity of the Romulo-Snyder Agreement Even assuming, arguendo, that there was no
(1950) whereby the Phil. Govt. undertook to legislative authorization, it is hereby maintained
return to the US Govt. in ten annual installments, that the Romulo-Snyder Agreement was legally
a total of $35 M dollars advanced by the US to, and validly entered into to conform to the second
but unexpended by, the National Defense Forces category. This 2nd category usually includes
of the Philippines. The USAFFE Veterans money agreements relating to the settlement of
contended that the money delivered by the US pecuniary claims of citizens.
were straight payments for military services and
that therefore there was nothing to return to the Bayan vs Executive Secretary
US and nothing to consider as a loan. They also ISSUE: Constitutionality of the VFA
contended that the Romulo-Synder Agreement HELD: Once the Senate performs the power to
was void for lack of authority of the officers who concur with treaties or exercise its prerogative
concluded the same within the boundaries prescribed by the Consti,
HELD: The funds involved have been consistently the concurrence cannot be viewed as an abuse of
regarded as funds advanced and to be power, much less a grave abuse of discretion. The
subsequently accounted for. Such arrangement Pres, in ratifying the VFA and submitting the
therefore includes the obligation to return the same for concurrence of the Senate, acted within
unexpended amounts. In this case, Pres. the confines and limits of the power vested in him
Quirino approved the negotiations. He had power by the Consti. The Pres merely performed a
to contract loans under RA 213 amending RA 16. constitutional task and exercised a prerogative
As to the contention that the agreement lacks that chiefly pertains to the functions of his office.
ratification by the Senate, it was held that the
yearly appropriations by Congress of funds as
compliance with the agreement constituted (b) Deportation of undesirable aliens Qua
ratification. But even if there was no ratification,
the agreement would still be valid. The Chee Gan v Deportation Board
agreement is not a "treaty" as the term is used in 1. The Pres may deport only according to
the Constitution. The agreement was never grounds enumerated by law since it would be
submitted to the Senate for concurrence. It must unreasonable and undemocratic to hold that an

59
alien be deported upon an unstated or undefined
ground depending merely on the use of an This budget is the upper limit of the
unlimited discretion by the Pres. appropriations bill to be passed by Congress.
2. 2 ways of deporting an undesirable alien: (a) Through the budget, therefore, the President
by order of the Pres after due investigation and reveals the priorities of the government.
(b) by the Commissioner of Immigration
3. The Pres can delegate the power of (c) Veto power
investigation not to order the arrest of an alien.
4. The Deportation Board may not order the Art. VI, Sec. 27
arrest of the alien in this case. If an implied
grant of power, considering that no express (1) Every bill passed by the Congress shall,
authority was granted by law, would curtail the before it becomes a law, be presented to the
right of a person then a delegation of the implied President. If he approves the same, he shall sign
power must be rejected as inimical to the liberties it; otherwise, he shall veto it and return the same
of the people. with his objection to the House where it
originated, which shall enter the objections at
Go Tek v Deportation Board large in its Journal and proceed to reconsider it.
1. The Deportation Board can entertain If, after such reconsideration, two-thirds of all the
deportation based on grounds not specified in Sec Members of such House shall agree to pass the
37 of the Immigration Law. The Board has bill, it shall be sent, together with the objections,
jurisdiction to investigate Go Tek even if he had to the other House by which it shall likewise be
not been convicted yet. reconsidered, and if approved by two-thirds of all
2. The President’s power to deport aliens the Members of that House, it shall become a law.
and to investigate them subject to deportation In such cases, the votes of each House shall be
are provided in the Revised Admin Code. determined by yeas or nays, and the names of
3. The State has inherent power to deport the Members voting for or against shall be
undesirable aliens. This power is exercised by the entered in its Journal. The President shall
Pres. There is no legal nor constitutional communicate his veto of any bill to the House
provision defining the power to deport aliens where it originated within thirty days after the
because the intention of the law is to grant the date of receipt thereof, otherwise, it shall become
Chief Executive the full discretion to determine a law as if he had signed it.
whether an alien’s residence in the country is so
undesirable as to affect the security, welfare or (2) The President shall have the power to veto
interest of the state. The Chief Executive is the any particular item or items in an appropriation,
sole and exclusive judge of the existence of facts revenue, or tariff bill, but the veto shall not affect
which would warrant the deportation of aliens. the item or items to which he does not object.
(12) Power over legislation

*As a general rule, all bills must be approved by
(a) Message to Congress the President before they become law, except
Art. VII, Sec. 23. The President shall address when
the Congress at the opening of its regular (i) the veto of the President is overridden by 2/3
session. He may also appear before it at any vote, and
other time. (ii) the bill passed is the special law to elect the
*Every 4th Monday of July, the President delivers President and Vice-President.
the State of the Nation Address, which contains
his proposals for legislation. Through this speech, This gives the President an actual hand in
he can influence the course of legislation that legislation. However, his course of action is only
Congress can take during the regular session. to approve it or veto it as a whole. (See
Legislative Power of Congress)
(b) Prepare and submit the budget (d) Emergency Power

Art. VII, Sec. 22. The President shall submit to
Congress within thirty days from the opening of Art. VI, Sec. 23. xxx (2) In times of war or
every regular session, as the basis of the general other national emergency, the Congress, may, by
appropriations bill, a budget of expenditures and law, authorize the President, for a limited period,
sources of financing, including receipts from and subject to such restrictions as it may
existing and proposed revenue measures. prescribe, to exercise powers necessary and
*The budget is the plan indicating the proper to carry out a declared national policy.
(a) expenditures of the government, Unless sooner withdrawn by resolution of the
(b) sources of financing, and Congress, such powers shall cease upon the next
(c) receipts from revenue-raising measures. adjournment thereof.

60
Q: Does the President's immunity from suit
(e) Fixing of tariff rates extend to his alter egos?
A: No.
Art. VI, Sec. 28. xxx The Congress may, by law,
authorize the President to fix within specified Soliven vs Makasiar; Beltran vs Makasiar
limits, and subject to such limitations and
restrictions as it may impose, tariff rates, import FACTS: This is the libel case involving Beltran's
and export quotas, tonnage and wharfage dues, allegations that President Aquino was hiding
and other duties or imposts within the framework under her bed. One of the issues was whether the
of the national development program of the President may initiate criminal proceedings
Government. *The reason for the delegation is against the petitioners through the filing of a
the highly technical nature of international complaint-affidavit. According to Beltran, the
commerce, and the need to constantly and with reasons which necessitate presidential immunity
relative ease adapt the rates to prevailing from suit impose a correlative disability to file
commercial standards. suit. He contended that if criminal proceedings
ensue by virtue of the President's filing of her
(13) Immunity from suit complaint-affidavit, she may subsequently have
to be a witness for the prosecution, bringing her
Carillo vs. Marcos The President as such under the TC's jurisdiction. This would be an
cannot be sued, enjoying as he does immunity indirect way of defeating her privilege of
from suit, but the validity of his acts can be immunity from suit, since by testifying on the
tested by an action against the other executive witness stand, she would be exposing herself to
officials or such independent constitutional possible contempt of court or perjury.
agencies as the Commission on Elections and the
Commission on Audit. HELD: The rationale for the grant to the
President of the privilege of immunity from suit is
In Re Bermudez to assure the exercise of Presidential duties and
The petition seeks clarification as to functions free from any hindrance or distraction,
whom the Consti refers to as the incumbent Pres considering that being the Chief Executive is a job
and Vice Pres. Prescinding from the petitioner's that, aside from requiring all of the office-holder's
lack of capacity to sue, it is elementary that this time, also demands undivided attention. But this
Court assumes no jurisdiction over petitions for privilege of immunity from suit, pertains to the
declaratory relief. More importantly, the petition President by virtue of the office and may be
amounts in effect to a suit against the incumbent invoked only by the holder of the office; not by
Pres. Aquino and it is equally elementary that any other person in the President's behalf. Thus,
incumbent Presidents are immune from suit or an accused in a criminal case where the President
from being brought to court during the period of is a complainant cannot raise the presidential
their incumbency and tenure. privilege as a defense to prevent the case from
proceeding against the accused. Moreover, there
*A related doctrine is the President's is nothing in our laws that would prevent the
"immunity from liability". In the US case of President from waiving the privilege. The
Nixon v Fitzgerald, an employee of the Air President may shed the protection afforded by the
Force was laid off due to an adverse decision of a privilege and submit to the court's jurisdiction.
Senate Committee made upon the insistence of The choice of whether to exercise the privilege or
Pres. Nixon, but which decision was later found to to waive it is solely the President's prerogative. It
be baseless, the SC ruled that the President, is a decision that cannot be assumed and
whether in office or not, is absolutely immune imposed by another person.
from liability for his official acts.
Q: Does the President's immunity from suit
The Court gave three reasons for such immunity: extend even beyond his term?
1. The singular importance of the Presidency and A: Yes. So long as the act was done during his
his high visibility. term.
2. The distraction that suits would bring to such
an important official laden with enormous (14) Executive Privilege
responsibility.
3. The consequence that the President might US vs Nixon,
hesitate at the moment of greatest peril to the President Nixon refused to release information
nation if he knows that he would be held liable concerning the Watergate scandal, claiming what
later on. he called "executive privilege." The US SC held
his refusal invalid, declaring that neither the
doctrine of separation of powers, nor the need for
confidentiality of high-level communications,

61
without more, can sustain an absolute, canvass (i.e., tally the certificates of canvass) the
unqualified Presidential privilege of immunity votes.
from judicial process under all circumstances.
The President's need for complete candor and The persons having the highest number of votes
objectivity from advisers calls for great deference shall be proclaimed elected, but in case two or
from the courts. However, when the privilege more shall have an equal and highest number of
depends solely on the broad, undifferentiated votes (tie), one of them shall forth with be chosen
claim of public interest in the confidentiality of by the vote of a majority of all the members of
such conversations, a confrontation with other Congress, voting separately. The Congress
values arise. Absent a claim of need to protect shall promulgate its rules for the canvassing of
military, diplomatic or sensitive national security the certificates.
secrets, it is difficult to accept the argument that lifications of the President, or Vice-President, and
even the very important interest in confidentiality may promulgate its rules for the purpose.
of Presidential communications is significantly
diminished by production of such material for Id., Sec. 5. Before they enter on the execution
inspection with all the protection that the court of their office, the President, the Vice-President or
will be obliged to provide. the Acting President shall take the following oath
or affirmation:
B. VICE PRESIDENT "I do solemnly swear (or affirm) that I will
faithfully and conscientiously fulfill my duties as
(1) Qualifications, election, term and oath President (or Vice-President or Acting President)
of the Philippines, preserve and defend its
Art. VII, Sec. 3. There shall be a Vice-President Constitution, execute its laws, do justice to every
who shall have the same qualifications and term man, and consecrate to myself to the service of
of office and be elected with and in the same the Nation. So help me God." (In case of
manner as the President. He may be removed affirmation, last sentence will be omitted.)
from office in the same manner as the President.
The Vice-President may be appointed as a
Member of the Cabinet. Such appointment (2) Privilege and salary
requires no confirmation.
Art. VII, Sec. 6. The President shall have an
Id., Sec. 4. The President and the Vice-President official residence. The salaries of the President
shall be elected by direct vote of the people for a and Vice-President shall be determined by law
term of six years which shall begin at noon on the and shall not be decreased during their tenure.
thirtieth day of June next following the day of the No increase in said compensation shall take effect
election and shall end at noon of the same date until after the expiration of the term of the
six years thereafter. The President shall not be incumbent during which such increased was
eligible for any reelection. No person who has approved. They shall not received during their
succeeded as President and has served as such tenure any other emolument from the
for more than four years shall be qualified for Government or any other source.
election to the same office at any time.
No Vice-President shall serve for more than two Art. XVIII, Sec 17. xxx the Vice-President, xxx
successive terms. Voluntary renunciation of the P240,000
office for any length of time shall not be
considered as an interruption in the continuity of
the service for the full term for which he was (3) Prohibitions
elected. Unless otherwise provided by law, the
regular election for President and Vice-President Art. VII, Sec. 13. The President, Vice-President,
shall be held on the second Monday of May. the Members of the Cabinet, and their deputies or
The returns of every election for assistants shall not, unless otherwise provided in
President and Vice- President, duly certified by this Constitution, hold any other office or
the board of canvassers of each provinces or city, employment during their tenure. They shall not,
shall be transmitted to the Congress, directed to during said tenure, directly or indirectly practice
the President of the Senate. Upon receipt of the any other profession, participate in any business,
certificates of canvass, the President of the or be financially interested in any contract with,
Senate shall, not later than thirty days after the or in any franchise, or special privilege granted by
day of election (w/c is the 2nd Tuesday of June), the Government or any subdivision, agency or
open all the certificates in the presence of the instrumentality thereof, including government-
Senate and House of Representatives in joint owned or controlled corporations or their
public session, and the Congress, upon subsidiaries. They shall strictly avoid conflict of
determination of the authenticity and due interest in the conduct of their office.
execution thereof in the manner provided by law,

62
The spouse and relatives by consanguinity or days from receipt thereof.
affinity within the fourth civil degree of the (3) A vote of at least one-third of all the
President shall not during his tenure be appointed Members of the House shall be necessary either
as Members of the Constitutional Commissions, or to affirm a favorable resolution with the Articles
the Office of the Ombudsman, or as Secretaries, of Impeachment of the Committee, or override its
Undersecretaries, chairmen or heads of bureaus contrary resolution. The vote of each Member
or offices, including government-owned or shall be recorded.
controlled corporations and their subsidiaries. (4) In case the verified complaint or resolution of
impeachment is filed by at least one-third of all
Art. VII, Sec. 3. xxxThe Vice-President may be the Members of the House, the same shall
appointed as member of the Cabinet. Such constitute the Articles of Impeachment, and trial
appointment requires no confirmation. by the Senate shall forthwith proceed.
(5) No impeachment proceedings shall be
(4) Succession initiated against the same official more than once
Art. VI, Sec. 9. Whenever there is a vacancy in within a period of one year.(6) The Senate shall
the Office of the Vice- President during the term have the sole power to try and decide all cases of
for which he was elected, the President shall impeachment. When sitting for that purpose, the
nominate a Vice-President from among the Senators shall be on oath or affirmation. When
members of the Senate and the House of the President of the Philippines is on trial, the
Representatives, who shall assume office upon Chief Justice of the Supreme Court shall preside,
confirmation by a majority vote of all the but shall not vote. No person shall be convicted
members of both houses, voting separately. without the concurrence of two-thirds of all the
*Note that in case the vacancy occurs in Members of the Senate.
both the offices of President and Vice-President, (7) Judgment in cases of impeachment shall not
there is no Acting Vice-President spoken of. The extend further than removal from office and
reason is that the Vice-President does not have disqualification to hold any office under the
real functions when the President is around. Republic of the Philippines, but the party
When a vacancy occurs in both offices, convicted shall nevertheless be liable and subject
the Vice-President is elected in a special election. to prosecution, trial, and punishment according to
If the vacancy occurs only in the Vice-Presidency, law.
the successor is not elected anymore, but merely
chosen from the Congress. (6) Functions
(a) Right of succession
(5) Removal Art. VII, Sec. 8. In case of death, permanent
Art. XI, Sec. 2. The President, the Vice- disability, removal from office, or resignation of
President, the Members of the Supreme Court, the President, the Vice-President shall become
the Members of the Constitutional Commissions, the President to serve the unexpired term. In
and the Ombudsman may be removed from case of death, permanent disability, removal from
office, on impeachment for, and conviction of, office, or resignation of both the President and
culpable violation of the Constitution, treason, Vice-President, the President of the Senate or, in
bribery, graft and corruption, other high crimes, case of his inability, the Speaker of the House of
or betrayal or public trust. All other public Representatives, shall then act as President until
officers and employees may be removed from the President or Vice-President shall have been
office as provided by law, but not by elected and qualified. The Congress shall, by
impeachment. law, provide who shall serve as President in case
of death, permanent disability, or resignation of
Id., Sec. 3. (1) The House of Representatives the Acting President. He shall serve until the
shall have the exclusive power to initiate all cases President or the Vice-President shall have been
of impeachment. elected and qualified, and be subject to the same
(2) A verified complaint for impeachment may be restrictions of powers and disqualifications as the
filed by any Member of the House of Acting President.
Representatives or by any citizen upon resolution
of endorsement by any Member thereof, which Id., Sec. 11. Whenever the President transmits
shall be included in the Order of Business within to the President of the Senate and the Speaker of
ten session days, and referred to the proper the House of Representatives his written
Committee within three session days thereafter. declaration that he is unable to discharge the
The Committee, after hearing, and by a majority powers and duties of his office, and until he
vote of all its Members, shall submit its report to transmits to them a written declaration to the
the House within sixty session days from such contrary, such powers and duties shall be
referral, together with the corresponding discharged by the Vice-President as Acting
resolution. The resolution shall be calendared for President. Whenever a majority of all the
consideration by the House within ten session Members of the Cabinet transmit to the President

63
of the Senate and to the Speaker of the House of VIII, Sec. 2.)
Representatives their written declaration that the (5) The appellate jurisdiction of the SC
President is unable to discharge the powers and may not be increased by law w/o its advice and
duties of his office, the Vice-President shall concurrence. (Art. VI, Sec. 30.)
immediately assume the powers and duties of the (6) The SC now has administrative
office as Acting President. Thereafter, supervision over all lower courts and their
when the President transmits to the President of personnel. (Art. VIII, Sec. 6.)
the Senate and to the Speaker of the House of (7) The SC has exclusive power to
Representatives his written declaration that no discipline judges of lower courts. (Art. VIII, Sec.
inability exists, he shall reassume the powers and 11.)
duties of his office. Meanwhile, should a majority (8) The members of the SC and all lower
of all the Members of the Cabinet transmit within courts have security of tenure, w/c cannot be
five days to the President of the Senate and to undermined by a law reorganizing the judiciary.
the Speaker of the House of Representatives their (Id.)
written declaration that the President is unable to (9) They shall not be designated to any
discharge the powers and duties of his office, the agency performing quasi-judicial or administrative
Congress shall decide the issue. For that functions. (Art. VIII, Sec. 12.)
purpose, the Congress shall convene, if it is not in (10) The salaries of judges may not be
session, within forty-eight hours, in accordance reduced during their continuance in office. (Art.
with its rules and without need of call. VIII, Sec. 10.)
If the Congress, within ten days after receipt of (11) The judiciary shall enjoy fiscal
the last written declaration, or if not in session, autonomy. (Art. VIII, Sec. 3.)
within twelve days after it is required to (12) The SC alone may initiate rules of
assemble, determines by a two-thirds vote of court. [Art. VIII, Sec. 5 (5).]
both Houses, voting separately, that the President (13) Only the SC may order the
is unable to discharge the powers and duties of temporary detail of judges. [Art. VIII, Sec. 5 (3)]
his office, the Vice-President shall act as (14) The SC can appoint all officials and
President; otherwise, the President shall continue employees of the judiciary. [Art. VIII, Sec. 5 (6)]
exercising the powers and duties of his office.
(1) Composition
(b) Membership in CabinetArt. VII, Sec. 3. Art. VIII, Sec. 4. (1) The Supreme Court shall
xxx The Vice-President may be appointed as be composed of a Chief Justice and fourteen
member of the Cabinet. Such appointment Associate Justices. It may sit en banc or its
requires no confirmation. discretion, in divisions of three, five, or seven
Members. Any vacancy shall be filled within
III. JUDICIAL DEPARTMENT ninety days from the occurrence thereof.
(2) All cases involving the
A. THE SUPREME COURT constitutionality of a treaty, international or
executive agreement, or law, which shall be
Barlongay: Of the three departments of heard by the Supreme Court, en banc, including
government, two departments (Executive and those involving the constitutionality, application,
Legislative) are considered as active. On the or operation of presidential decrees,
other hand, the Judiciary is considered as proclamations, orders, instructions, ordinances,
passive. It is passive in the sense that it has to and other regulations, shall be decided with the
wait for a case to be filed before it can act. concurrence of a majority of the Members who
actually took part in the deliberations on the
Cruz: To maintain the independence of the issues in the case and voted thereon.
Judiciary, the following safeguards have been (3) Cases or matters heard by a division
embodied in the Consti: shall be decided or resolved with the concurrence
(1) The SC is a constitutional body. It of a majority of the Members who actually took
cannot be abolished nor may its membership or part in the deliberations on the issues in the case
the manner of its meetings be changed by mere and voted thereon, and in no case, without the
legislation. [Art. VIII, Sec. 4 (1)] concurrence of at least three of such Members.
(2) The members of the judiciary are not When the required number is not obtained, the
subject to confirmation by the CA. case shall be decided en banc: Provided, that no
(3) The members of the SC may not be doctrine or principle or principle of law laid down
removed except by impeachment. (Art. IX, Sec. by the court in a decision rendered en banc or in
2.) division may be modified or reversed except by
(4) The SC may not be deprived of its the court sitting en banc.
minimum original and appellate jurisdiction as
prescribed in Art. X, Sec. 5 of the Consti. (Art.

64
*The Supreme Court is a constitutional body. As SC and if allowed to do so, his vote would count
such it cannot be abolished by the Congress for as much as any regular justice.
the power to destroy only resides in the one who
has the power to create. Mode of Sitting
The lower courts (Court of Appeals,
Regional Trial Courts, Municipal Trial Courts, It may sit en banc, or in its discretion, in
Metropolitan Trial Courts, Municipal Circuit Trial divisions of 3, 5 or 7 members (or 5, 3 or 2
Courts), on the other hand, are established by divisions). [Art. VIII, Sec. 4(1)]
law, and so could be abolished by law, provided In 1935, the rule was that the SC may sit
the security of tenure is not undermined. en banc or in 2 divisions, "unless otherwise
provided by law." Congress decided against
Vargas v Rilloraza, allowing the SC to sit in 2 divisions on the theory
FACTS: Pet. Vargas filed a motion assailing the that there is only one Supreme Court. And so, it
constitutionality of People's Court Act w/c provided in the Judiciary Act of 1948 the rule that
provides that any justice of the SC who held any the SC may only sit en banc. But the reality was
office or position under the Phil Exec. Commission that the dockets were crowded. This prompted
or under the govt called Phil. Republic, may not the framers to eliminate one phrase "unless
sit and vote in any case brought to that court otherwise provided by law" in 1956, and in effect
under sec. 13 hereof in w/c the accused is a leave the decision to the SC on whether to sit en
person who held any office or position under banc or in 2 divisions, if it sat on divisions.
either both the Phil. Exec. Commission and the In 1987, not only was the discretion
Phil. Republic or any branch, instrumentality or retained, but also the divisions were increased.
agency thereof. If on account of such There may be 5, 3 or 2 divisions made up of 3, 5
disqualification, or bec. of any of the grounds of or 7 members, respectively. At present, the SC
disqualification of judges, in R 126, sec. 1 of the sits either en banc or in 3 divisions.
ROC, or on account of illness, absence of
temporary disability, the requisite number of One Supreme Court
justices necessary to constitute a quorom in any
case is not present, the Pres. may designate such When the SC sits in divisions, it does not
no. of judges of the CFI, judges at large of CFI, violate the concept of a "one Supreme Court"
cadastral judges, having none of the because, according the United States v
disqualification set forth in the above law, as may Limsiongco, the divisions of the SC do not
be necessary to sit temporarily as justice of the diminish its authority, because although it sits in
SC in order to form a quorom. divisions, it remains and co-functions as one
HELD: (1) Congress does not have the power to body.
add to the existing grounds for disqualification of This "one Supreme Court" doctrine is
a justice of the SC. To disqualify any of these strengthened by the provision that "when the
constitutional component member of the court- required number (in a division) is not obtained,
especially as in this case, a majority of them-- in the case shall be decided en banc: provided, that
a treason case, is nothing short of depriving the no doctrine or principle of law laid down by the
court itself of its jurisdiction as established by the court in a decision rendered en banc or in division
fundamental law. Disqualification of a judge is a may be modified or reversed except by the court
deprivation of his judicial power. It would seem sitting en banc. [Art. VIII, Sec. 4(3)]
evident that if Congress could disqualify members
of SC in taking part in the hearing and Strict Composition
determination of certain "collaboration" cases, it
could extend the disqualification to other cases. In Vargas v Rilloraza, the SC held that
(2) The designation provided (a CFI- the temporary designation of judges of the CFI
judge to sit as a SC justice if the SC does not and the Court of Appeals in the Supreme Court to
have the required quorum) is repugnant to the constitute a quorum due to disqualification of
constitutional requirement that members be some of the justices, is unconstitutional. There is
appointed by the Pres. w/ the consent of the CA. but one Supreme Court whose membership
(This was under the 1935 Constitution w/c appointments are permanent.
required confirmation from the Commission on
Appointments.) It will result in a situation wherein (2) Appointment and qualifications
6 members sitting will not be appointed and
confirmed in accordance w/ the Consti. Art. VIII, Sec. 7. (1) No person shall be
appointed Member of the Supreme Court or any
(3) However brief or temporary may be lower collegiate court unless he is a natural-born
the action or participation of a judge designated, citizen of the Philippines. A member of the
there is no escaping the fact that he would be Supreme Court must be at least forty years of
participating in the deliberations and acts of the age, and must have been for fifteen years or

65
more a judge of a lower court or engaged in the *Responding to this, Congress passed a
practice of law in the Philippines. law providing that the constitutional provision
xxx against the diminution of salaries of members of
(3) A member of the judiciary must be a the judiciary should not be interpreted to mean
person of proven competence, integrity, probity, an exemption from income tax. (Sec. 13, RA
and independence 590.)
Sec. 8. (5) The council shall have the principal But the Court struck this statute down as
function of recommending appointees to the unconstitutional when as in the previous case,
judiciary. It may exercise such other functions Judge Endencia refused to pay his taxes; thereby
and duties as the Supreme Court may assign to giving the SC an opportunity to make the pro-
it. nouncement in the case of Endencia v David.
The SC ruling invalidating the statute was based
Sec. 9. The memners of the Supreme Court and on the reason that the legislature had no power
judges of lower courts shall be appointed by the to interpret the Constitution, such power being
President from a list of at least three nominees lodged in the judicial branch, and so when it did,
prepared by the Judicial and Bar Council for every it violated the separation of powers under the
vacancy. Such appointments need no Constitution.
confirmation.
xxx Compare the 1973 Constitution, Art. XV, Sec. 6
(3) Salary Aware of this ruling, the framers of the 1973

Constitution clearly provided in Art. XV, Sec. 6
Art. VIII, Sec. 10. The salary of the Chief that:
Justice and of the Associate Justices of the
Supreme court and of judges of lower courts shall Art. XV. Sec. 6. No salary or any form of
be fixed by law. During their continuance in emolument of any public officer or employee,
office, their salary shall not be decreased. including constitutional officers, shall be exempt
from the payment of income tax.
Art. XVIII, Sec. 17. Unless the Congress
provides otherwise, xxx; the Chief Justice shall Thereby avoiding a SC contrary, self-
receive an annual salary of P 240,000 and the defensive ruling.
Associate Justices shall receive P 204,000 each; This provision in the 1973 Constitution,
xxx, the Associate Justices of the Supreme Court, however, is not found in the 1987 Constitution,
xxx, P204,000 each; xxx. prompting some judges including Nitafan, to
contend that the old ruling in Perfecto and
*Although the salaries may not be Endencia is thereby deemed revived. But the SC
decreased, they may be increased by law, to take this time did not uphold the old ruling.
effect at once.
Why: (1) the Constitution does not Not exempt from income tax
prohibit it; (2) the Judiciary plays no part in the
passage of the law increasing their salary unlike Nitafan v Commissioner of Internal Revenue
the Congress and the Executive, and so there can The Court ruled that under the 1987
be no conflict of interest; and (3) this will Constitution, the salaries of members of the
promote the independence of the Judiciary. Judiciary are not exempt from taxes. It anchored
Is the imposition of income tax on the its decision on the deliberation of the
salary of the Justices and Judges a diminution of Constitutional Commission, that is, on the
their salary as prohibited by the Constitution? legislative history of the present Art. VIII, Sec.
Under the 1935 Constitution (Art. 10.
VIII, Sec. 9), it was provided that the members A draft of the present Art. VIII, Sec. 10
of the Judiciary "shall receive such compensation when originally presented to the body, expressly
as may be fixed by law, which shall not be exempted the salary of judges from taxation. But
diminished during their continuance in office." when this draft was discussed on second reading,
the sentiment was against the exemption, the
Perfecto v Meer, Salaries of judges were not reason being that like any other citizen, judges
subject to income tax, for such would be a and justices must pay their share in the burden of
diminution of their salary, in contravention of the maintaining the government. So this express
Constitution. This happened after Justice Perfecto exemption was deleted from Art. VIII, Sec. 10
refused to pay the assessment of income tax and so it was when the draft was adopted by the
made upon him by the Collector. body.
There was a plan to insert a similar
provision as that found in Art. XV, Sec. 6 of 1973,

66
but through oversight, the constitutional the adverse effect of this on the developmental
commission failed to insert one. Yet, the intent programs of the govt. It was this problem w/c
was clear to have one, and so it must be read into the Act seeks to solve. xxx [T]he abolition of an
the Constitution, the SC concluded. office is w/in the competence of a legislative body
if done in GF. The test is whether the abolition is
(4) Security of Tenure in GF. As that element is present in the
enactment of BP 129, the lack of merit of the
Art. VIII, Sec. 11. The members of the petition becomes apparent.
Supreme Court and judges of lower courts shall (2) However, while there can be no
hold office during good behavior until they reach claim to security of tenure where the office no
the age of seventy years, or become longer exists, in their effect there is no difference
incapacitated to discharge the duties of their bet. removal and the abolition of office. In either
office. The Supreme Court en banc shall have the case, the effect on the incumbent is one of
power to discipline judges of lower courts, or separation. Accordingly, in the implementation of
order their dismissal by a vote of a majority of the law it would be in keeping w/ the spirit of the
the Members who actually took part in the Consti. that, as far as incumbent justices and
deliberations on the issues in the case and voted judges are concerned, the SC be consulted and
thereon. that its view be accorded fullest consideration.
This is not rendering advisory opinion bec. there
Id., Sec. 2. xxx No law shall be passed is no question of law involved. Neither is there
reorganizing the Judiciary when it undermines the intrusion into the appointing process bec. only
security of tenure of its Members. incumbents are involved.
(3) As to the charge of undue
Reorganization delegation, the provisions of Sec. 41 that the
Pres. should fix the compensation of those who
It is highly doubtful if this provision will be appointed to the new courts "along the
applies to the SC. The power to reorganize guidelines set forth in LOI No. 93, pursuant to PD
involves the power to create and destroy. Since 985, as amended by PD 1597" constitutes a
the SC is a creation of the Constitution and not of sufficient ground. VV.
Congress, it may not be created nor destroyed,
and ultimately reorganized by Congress. (5). Removal
De la Lallana vs. Alba, Art. VIII, Sec. 11. The members of the
FACTS: Sec. 144 of BP 129 replaced the existing Supreme Court and judges of lower courts shall
court system, w/ the exception of the SC and the hold office during good behavior until they reach
SB, w/ a new one and provided that upon the the age of seventy years, or become
completion of the reorganization by the Pres., the incapacitated to discharge the duties of their
courts affected "shall be deemed automatically office. The Supreme Court en banc shall have the
abolished and the incumbents thereof shall cease power to discipline judges of lower courts, or
to hold office." Petitioner, judge of the city court order their dismissal by a vote of a majority of
of Olongapo, and 7 members of the Bar the Members who actually took part in the
questioned the validity of the Act in an action for deliberations on the issues in the case and voted
prohibition, on the ground that it contravened the thereon.
security of tenure of judges. They sought to
bolster their claim by imputing lack of GF in the Art. XI, Sec. 2. The xxx Members of the
enactment of the Act and by characterizing it as Supreme Court xxx may be removed from office,
an undue delegation of legislative power bec. of on impeachment for, and conviction of, culpable
Sec. 41, w/c authorizes the Pres. to fix the violation of the Constitution, treason, bribery,
compensation of those who would be appointed graft and corruption, other high crimes, or
under it "along the guidelines set forth in LOI No. betrayal of public trust. All other public officers
93, pursuant to PD 985, as amended by PD and employees may be removed from office as
1597." provided by law, but not by impeachment.
HELD: The imputation of lack of GF disregards
the fact that the Act was the product of careful *Members of the SC cannot be removed
study and deliberation not only by the BP but also except by impeachment. Thus, a SC justice
by a Presidential study committee (composed of cannot be charged in a criminal case or a
the Chief Justice and Minister of Justice as co- disbarment proceeding, because the ultimate
chairmen, w/ members drawn from the SC and effect of either is to remove him from office, and
Ministry of Justice.) The study group called thus circumvent the provision on impeachment.
attention to the clogged dockets of the courts and
the possible worsening of the situation as a result
of population growth and rising expectations, and

67
(6) Fiscal Autonomy Appellate jurisdiction may be exercised in
two ways:
Art. VIII, Sec. 3. The Judiciary shall enjoy fiscal
autonomy. Appropriations for the Judiciary may 1.) Ordinary appeal
not be reduced by the legislature below the
amount appropriated for the previous year and, This is obligatory on the courts, so the
after approval, shall be automatically and appellant possesses this "as a matter of right".
regularly released. Under this mode, the SC can pass on both
questions of fact and law.
(7) Jurisdiction Ordinary appeal to the SC is allowed by
law in criminal cases where the penalty imposed
The Supreme Court's Jurisdiction is reclusion perpetua or higher, including those
involving other offenses which, although not so
A) Original jurisdiction [Art. VIII, Sec. 5(1)] punished, arose out of the same occurrence or
(1) Cases affecting ambassadors, other which may have been committed by the accused
public ministers and consuls. on the same occasion (to ensure uniformity of
(2) Petitions for certiorari, prohibition, decision). (Sec. 17, Judiciary Act of 1948).
mandamus, quo warranto and habeas corpus. The other case is the automatic review by
(3) Sufficiency of factual basis of the SC of criminal cases where the death penalty
proclamation of martial law and suspension of is imposed. This is unlike the ordinary appeal
privilege of writ of HC taken where the penalty is reclusion perpetua or
*Note that the SC does not have higher, for in this case, the review is automatic.
jurisdiction over declaratory relief cases, which The reason why it is not automatic in the first
must be filed with the RTC (In Re Bermudez said case (reclusion perpetua) is that on appeal, the
so too, and yet gave due course to the petition.) appellate court may increase the penalty imposed
The first case (ambassadors, etc.) is by the trial court (to death) so that the convict
made concurrent with RTCs by law (Judiciary Act must first waive his right against double jeopardy,
of 1948). The second case (special civil actions) precisely by voluntarily making the appeal, before
is concurrent with the CA and the RTC, with re- the SC can reopen the case on appeal. But the
spect to inferior bodies. case is different when death is imposed because
the worst that could happen on automatic appeal
B) Appellate Jurisdiction is that the judgment is affirmed.
The Supreme Court shall have the power Naturalization and denaturalization cases
to review, revise, reverse, modify, or affirm on (i) under the Judiciary Act of 1948 (Sec. 17) used to
ordinary appeal, or (ii) petition for review on be directly appealable to the SC. But this is
certiorari, as the law or the Rules of Court may deemed to have been amended by the Judiciary
provide, final judgment and orders of lower courts Reorganization Act of 1980 (BP 129) which, in
in the following cases: Sec. 5(3), makes all cases decided by the RTC,
(1) Cases questioning the appealable to the CA, except those made directly
constitutionality or validity of any (a) treaty, (b) appealable to the SC by (i) the Constitution, (ii)
international and executive agreement, (c) law or BP 129 and (iii) Sec. 17 [3(i)] and Sec. 17
statute, (d) presidential decree, (e) proclamation, [4(4)]of the Judiciary Act of 1948. Naturalization
(f) order, (g) instruction, (h) ordinance, or (i) and denaturalization cases do not fall under any
regulation. of the exceptions.
(2) Cases questioning the legality of an
(a) tax, (b) impost, (c) assessment, or (d) toll, or 2.) Petition for review on certiorari
(e) any penalty imposed in relation thereto. This is not discretionary on the SC. It
(3) Cases in which the jurisdiction of has the authority not to give due course to the
lower courts is in issue. petition, if the petition shows no merit on its face.
(4) Criminal cases in which the penalty Thus, mode provided for in Rule 45, is limited to
imposed is reclusion perpetua or higher. pure questions of law. All other cases can be ap-
(5) Cases in w/c only an error or pealed to the SC using this mode.
question of law is involved. The Constitution now provides that "no
(6) Orders of the Constitutional petition for review or motion for reconsideration
Commissions. of a decision of the court shall be refused due
course or denied without stating the legal basis
therefor." (Art. VIII, Sec. 14, par. 2)
The four other cases falling under the
appellate jurisdiction of the SC (viz,
constitutionality, tax, jurisdiction and pure
questions of law), are appealable to the SC by
petition for review on certiorari. However, in

68
cases involving constitutionality, tax, or Court for review." Chief Justice Castro, for the
jurisdiction, when the resolution of the main issue majority, explained: Art. X, Sec. 5 (2) (d) [now
depends on a controverted question of fact, the Art. VIII, Sec. 5 (2) (d)] provides that the SC
case must be appealed to the CA on both, shall have appellate jurisdiction over "final
questions of fact and law, and the decision of the judgements and decrees of inferior courts" in
CA is then raised to the SC by petition for review criminal in w/c the "penalty imposed is death or
on certiorari on pure questions of law. (Sec. 17 life imprisonment." Unless the CA renders
of the Judiciary Act of 1948) judgment and imposes the penalty of death or
Certiorari reclusion perpetua, there would be no judgment
The certiorari referred to in 5(1) (when for SC to review. Indeed, Section 34 of the
the SC exercises original jurisdiction) is the Judiciary Act of 1948 and the present Rule 124,
special civil action of certiorari under Rule 65, Sec. 13 provide that, whenever the CA should be
where the question raised is a "jurisdictional of the opinion that the penalty of death or life
question," that is, (a) lack of jurisdiction, (b) imprisonment should be imposed, "the said court
excess of jurisdiction, or (c) grave abuse of shall refrain from entering judgment thereon, and
discretion amounting to lack of jurisdiction. shall forthwith certify the case brought before it
The certiorari referred to in 5(2) (when on appeal," which that it is not prohibited from
the SC exercises appellate jurisdiction) is rendering judgment. In other words, the CA is
certiorari as an ordinary mode of appeal, where not prohibited from rendering judgment but from
the issue raised is "error of judgment" or error of "entering judgment." The distinction bet. the two
law. is well established.
The phrase "entering judgment" is not to
*The judicial power shall be vested in one be equated w/ an "entry of judgment" as the
Supreme Court and in such lower courts as may latter is understood in R36 in relation to Sec. 8, R
be established by law. (Art. VIII, Sec. 1, par. 121 and Sec. 16, R 124, ROC. "Entry of
1.) judgment" presupposes a final judgment-- final
in the sense that no appeal was taken from the
Scope of the Judicial Power – see discussion decision of the trial court or appellate court w/in
under Judicial Review the reglamentary period. A judgment in a crim.
case becomes final after the lapse of the period
Jurisdiction over criminal cases where for perfecting an appeal, or when the sentence
penalty imposed is reclusion perpetua has been partially or totally satisfied or served, or
the def. has expressly waived in writing his right
Art. VIII, Sec. 5. The Supreme Court shall have to appeal. It is only then that there is a judgment
the following powers: w/c is to be entered or recorded in the book of
xxx entries of judgments.
(2) Review, revise, reverse, modify, or
affirm on appeal or certiorari as the law or the Rule 124, Sec. 13. xxx Whenever the Court of
Rules of Court may provide, final judgments and Appeals should be of the opinion that the penalty
orders of lower courts in: of reclusion perpetua or higher should be imposed
(d) All criminal cases in which in a case, the Court after discussion of the
the penalty imposed is reclusion perpetua or evidence and the law involved, shall render
higher. judgment imposing the penalty of reclusion
perpetua or higher as the circumstances warrant,
People v Daniel,; People v Ramos, refrain from entering judgment and forthwith
Both are rape cases where the trial court certify the case and elevate the entire record
imposed lesser penalties because of thereof to the Supreme Court for review.
misappreciation of the aggravating and qualifying
circumstances and on appeal the penalty was Art. VII, Sec. 18. xxx The Supreme Court may
increased. The majority opinion held that "hence- review, in an appropriate proceeding filed by any
forth, should the CA be of the opinion that the citizen, the sufficiency of the factual basis of the
penalty of death or reclusion perpetua should be proclamation of martial law or the suspension of
imposed in any criminal case appealed to it where the privilege of the writ or the extension thereof,
the penalty imposed by the trial court is less than and must promulgate its decision thereon within
reclusion perpetua, the said Court, with thirty days from its filing.
comprehensive written analysis of the evidence
and discussion of the law involved (should) Art. VII, Sec. 4. xxx The Supreme Court, sitting
render judgment expressly and explicitly en banc, shall be the sole judge of all contests
imposing the penalty of either death or reclusion relating to the election, returns, and qualifications
perpetua as the circumstances warrant, refrain of the President, Vice-President, and may
from entering judgment, and forthwith certify the promulgate its rule for the purpose.
case and elevate the entire record thereto to this

69
by a majority vote of all its Members any case or
Lopez vs. Roxas matter brought before it within sixty days from
FACTS: In 1965, the 2 Houses of Congress in the date of its submission for decision or
joint session proclaimed petitioner Fernando resolution. A case or matter is deemed submitted
Lopez elected to the Office of the Vice-President for decision or resolution upon the filing of the
of the Philippines. His closest opponent, resp. last pleading, brief, or memorandum required by
Gerardo Roxas, then filed with the Presidential the rules of the Commission or by the
Electoral Tribunal (PET) an election protest Commission itself. Unless otherwise provided by
contesting the election of petitioner herein as VP this Constitution or by law, any decision, order or
upon the ground that it was not he, but said ruling of each Commission may be brought to the
resp., who had obtained the largest number of Supreme Court on certiorari by the aggrieved
votes for said office. Petitioner Lopez then party within thirty days from receipt of the copy
instituted this Original Action to prevent the PET thereof.
from hearing and deciding the aforementioned
election contest, upon the ground that R.A. No. (8) Congressional Power over
1793, creating said Tribunal, is "unconstitutional" Jurisdiction of the Supreme Court
and that, "all proceedings taken by it are a
nullity". Art. VIII, Sec. 2. The Congress shall have the
ISSUE: Whether R.A. 1793 is unconstitutional power the define, prescribe and apportion the
HELD: NO. Section 1, Art. VIII of the jurisdiction of various courts but may not deprive
Constitution vests in the judicial branch of the the Supreme Court of its jurisdiction over cases
government, not merely some specified or limited enumerated in Section 5 hereof.
judicial power, but the entirety or "all" of said xxx
power, except, only, so much as the Constitution
confers upon some other agency, such as the *But while the jurisdiction of courts is a
power to "judge all contests relating to the matter of legislative apportionment, the
election, returns and qualifications' of members of Constitution sets certain limitations on this
the Senate and those of the House of prerogative:
Representatives, which is vested by the 1. It cannot decrease the constitutionally
Constitution solely in the Senate Electoral set jurisdiction of the Supreme Court. (It may
Tribunal and the House Electoral Tribunal, not deprive the Supreme Court of its jurisdiction
respectively. over cases enumerated in Section 5 hereof.)
R.A 1793, creating the PET, has the 2. It cannot increase the constitutionally
effect of giving a defeated candidate the legal set appellate jurisdiction of the Supreme Court.
right to contest judicially the election of the
President-elect or the VP-elect. By providing that Art. VI, Sec. 30. No law shall be passed
the PET "shall be composed of the Chief Justice increasing the appellate jurisdiction of the
and the other 10 Members of the SC", R.A. 1793 Supreme Court as provided in this Constitution
has conferred upon such court an additional without its advice and concurrence.
exclusive original jurisdiction. It has not created
a new and separate court. It has merely 3. It can increase the original jurisdiction
conferred upon the SC the functions of a PET. of the SC (pursuant to its general power).
The PET is not inferior to the SC since it is the 4. It can make the jurisdiction of the SC
same court, although the functions peculiar to concurrent with lower courts (pursuant to its
said Tribunal are more limited in scope than those general power).
of the SC in the exercise of its ordinary functions. Thus, under the Rules of Court,
The authority of the PET to declare who has the original jurisdiction of the SC is concurrent
the better right to office does not abridge with the RTC and in the case of the special civil
constitutional tenure. If the evidence introduced actions, with the CA.
in the election protest shows that the person 5. It cannot pass a law reorganizing the
really elected is the protestant, not the person judiciary when it undermines the security of
declared elected by Congress, then the latter had tenure of its members. (Art. VI, Sec. 2, par. 2)
legally no constitutional tenure whatsoever, and,
hence, he can claim no abridgment thereof. Mantruste Systems, Inc. vs CA
Moreover, in the imposition of new duties upon FACTS: Mantruste (MSI) entered into an interim
the SC, the Congress has not, through R.A. 1793, lease agreement w/ DBP, owner of Bayview Plaza
encroached upon the appointing power of the Hotel wherein the former would operate the hotel
Executive. It constitutes neither the creation of for a minimum of 3 mos. or until such time that
an office, nor the appointment of an officer. Said the said properties are sold to MSI or other third
law is constitutional. Adapted. parties by DBP. Subsequently, the Pres. issued
Procl. 50 w/c sought to the expeditious
Art. IX, A, Sec. 7. Each Commission shall decide privatization of government assets. The Bayview

70
Hotel properties were among the govt assets
identified for privatization and were consequently Administrative powers
transferred from DBP to the Asset Privatization
Trust (APT) for disposition. xxx. The properties (9) Supervision of lower courts
were subsequently awarded to the Makati-Agro
Trading and La Filipina Corp. MSI filed a Art. VIII, Sec. 6. The Supreme Court shall have
complaint for the issuance of a restraining order administrative supervision over all courts and the
enjoining APT from approving the winning bid and personnel thereof.
awarding the Bayview property to private
petitioners and from ejecting MSI from the Noblejas v Teehankee,
property or from terminating the contract of the SC held that although the
lease. The CA nullified the lower court's decision Commissioner of Land Registration is given the
for being violative of Sec. 31 of Procl. 50-A. rank of judge of the CFI, he is still an
HELD: Section 31 of Proclamation No. 5-A administrative official, hence outside the
prohibited courts and administrative agencies jurisdiction of the SC and cannot be investigated
from issuing any restraining order or injunction by it as if he were a lower court judge.
against the Asset Privatization Trust in connection Otherwise, the SC would be performing a non-
with the acquisition, sale or disposition of assets judicial work.
transferred to it, nor against any purchaser of
assets sold by the Trust to prevent such (10) Temporarily assign judges to
purchaser from taking possession of any assets other stations in the public interest
purchased by him. Said Section does not infringe
any provision of the Constitution. It does not Art. VIII, Sec. 5. The Supreme Court shall have
impair the inherent power of the courts "to settle the xxx power (to)
actual controversies which are legally demandable xxx
and enforceable and to determine whether or not (3) Assign temporarily judges of lower
there has been a grave abuse of discretion courts to other stations as public interest may
amounting to lack or excess of jurisdiction on the require. Such temporary assignment shall not
part of any branch or instrumentality of the govt." exceed six months without the consent of the
The President, in the exercise of her legislative judge concerned.
power under the Freedom Constitution, issued
said Proclamation to prevent courts from (11) Order a change of venue or
interfering in the discharge of the Executive place of trial to avoid miscarriage of justice
Department of its task of carrying out the [Art. VIII, Sec. 5 (4)]
expeditious disposition and privatization of certain
govt. corporations and/or the assets thereof, (12) Discipline of lower court judges
absent any grave abuse of discretion amounting
to excess or lack of jurisdiction on its part. This Art. VIII, Sec. 11. xxx The Supreme Court en
proclamation, not being inconsistent with the banc shall have the power to discipline judges of
Constitution and not having been repealed or lower courts, or order their dismissal, by a vote of
revoked by Congress, has remained operative. a majority of the members who actually took part
While the judicial power may appear to in the deliberations on the issues in the case and
be pervasive, the truth is that under the system voted thereon.
of separation or powers, the powers of the courts
over the other branches and instrumentalities of (13) Appointment of officials and
government is limited to the determination of employees of entire judiciary
whether or not there has been a grave abuse of
discretion amounting to lack or excess of Art. VIII, Sec. 5. The Supreme Court shall have
jurisdiction in the exercise of their authority and the xxx power (to)
in the performance of their assigned tasks. xxx
Courts may not substitute their judgment for that (6) Appoint all officials and employees of
of the APT, nor block, by an injunction, the the Judiciary in accordance with the Civil Service
discharge of its functions and the implementation Law.
of its decisions in connection with the acquisition,
sale, or disposition of assets transferred to it. (14) Rule making
Adapted.
Art. VIII, Sec. 5. The Supreme Court shall have
the following powers:
xxx
(5) Promulgate rules concerning the
protection and enforcement of constitutional
rights, pleading, practice, and procedure in all

71
courts, the admission to the practice of law, the
Integrated Bar, and legal assistance to the Practice of Professions
underprivileged. Such rules shall provide a
simplified and inexpensive procedure for the Art. XII, Sec. 14. xxx The practice of all
speedy disposition of cases, shall be uniform for professions in the Philippines shall be limited to
all courts of the same grade, and shall not Filipino citizens, save in cases prescribed by law.
diminish, increase, or modify substantive rights.
Rights of procedure of special courts and quasi- Martial Law
judicial bodies shall remain effective unless
disapproved by the Supreme Court. Art. VII, Sec. 18. The Supreme Court may
review, in an appropriate proceeding filed by any
Power of Congress to repeal Rules of Court - citizen, the sufficiency of the factual basis of the
proclamation of Martial Law or the suspension of
Article XVIII, Sec. 10. All courts existing at the the privilege of the writ or the extension thereof,
time of the ratification of this Constitution shall and must promulgate its decision thereon within
continue to exercise their jurisdiction, until thirty days form its filing. (par. 3 thereof.)
otherwise provided by law. The provisions of the
existing Rules of Court, judiciary acts, and (15) No quasi-judicial and
procedural laws not inconsistent with this administrative work of judges
Constitution shall remain operative unless
amended or repealed by the Supreme Court or Generally: No non-judicial work for
the Congress. judges; No quasi- judicial and administrative work
for judges.
Co-Judicial powers As a general rule, members of the
judiciary shall only have judicial functions, in line
Aside from the jurisdiction of the with the separation of powers principle of the
Supreme Court mentioned above the following Constitution. Thus:
are its other powers related to, though not
exactly constituting, its judicial function: Art. VIII, Sec. 12. The members of the
1. Order a change of venue or place of Supreme Court and of other courts established by
trial, in order to avoid a miscarriage of justice. law shall not be designated to any agency
Art. VIII, Sec. 5(4)] performing quasi-judicial or administrative
2. Rule making - Promulgate rules function.
concerning (a) the protection and enforcement of
constitutional rights, (b) pleading, practice and Meralco v Pasay Transportation Co
procedure in all courts, (c) the administration to The issue concerns the legal right of the
the practice of law, (d) the Integrated Bar, and members of the SC, sitting as a board of
(e) legal assistance to the underprivileged. arbitrators, the decision of a majority of whom
Limitations to this power: Such rules shall be final, to act in that capacity.
shall (i) provide simplified and inexpensive HELD: The SC and its members should not and
procedure, for the speedy disposition of cases, (ii) cannot be required to exercise any power or to
be uniform for all courts of the same grade, and perform any trust or to assume any duty not
(iii) not diminish, increase or modify substantive pertaining to or connected w/ the administering of
rights. judicial functions. RAM.
Rules of procedure of special courts and
quasi-judicial bodies shall remain effective unless Garcia v Macaraig
disapproved by the SC. [Art. VIII, Sec. 5(5)] The SC said that it did not look with favor
It is on the basis of this power, that the at the practice of long standing of judges being
Rules of Court, the Bar, IBP, Legal Aid Office were detailed with the Department of Justice to assist
adopted. the Secretary, even if it were only in connection
In 1935, as affirmed in the case of In re with his work of exercising administrative
Cunanan, the Congress was given the power to authority over courts. The basis of this rule is the
alter, supplement or modify the Rules of Court. separation of powers. In this case, resp.
Thus, if the SC set the passing grade in the bar at Macaraig was appointed to one of the newly-
75%, Congress could lower it to 70%, provided created CFI branches w/ station at Calamba
this has no retroactive effect. Laguna. At the time of his appointment, resp.
This is no longer true in 1987. Rule- was the chief of Technical Staff of the DOJ and
making power and the corollary power of concurrently member of the Board of Pardons and
amending the rules are now lodged exclusively on Parole. xxx
the SC.

72
power to act as judge in presidential electoral
In Re : Rodolfo Manzano contests. It was challenged in the case of Lopez
FACTS: EO No. 856 created the Provincial/City v Roxas, 17 SCRA 756 (1966), but the SC upheld
Committees on Justice to insure the speedy the law, reasoning that it did not constitute the
disposition of cases of detainees, particularly SC as a separate body but only added to its
those involving the poor and indigent ones, thus powers the power to be the judge of election
alleviating jail congestion and improving local jail contests.
conditions. Among the functions of said With the express provision in Art. VII,
committee are to receive complaints against any Sec. 4, par. 7, this is no longer a problem.
apprehending officer, jail warden, fiscal or judge b. Chief Justice as presiding officer in
who may be found to have committed abuses in impeachment trial of the President. [Art. XI, Sec.
the discharge of his duties and refer the same to 3(6)]
proper authority for proper action, to recommend c. Chief Justice as Chairman of the
revision of any law or regulation which is believed Judicial and Bar Council.
prejudicial to the proper administration of criminal
justice. (16) Report on the judiciary
Judge Manzano, Executive Judge Of
Ilocos Norte was appointed as member of said Art. VIII, Sec. 16. The Supreme Court shall,
Committee. Before accepting the appointment, it within thirty days from the opening of each
sought the opinion of the SC as to the propriety regular session of the Congress, submit to the
of such appointment. President and the Congress an annual report on
HELD: Such committee performs administrative the operations and activities of the Judiciary.
functions. Administrative functions are those
which involve the regulation and control over the (17) Manner of sitting and votes
conduct and affairs of individuals for their own required
welfare and the promulgation of rules and
regulations to better carry out the policy of the Art. VIII, Sec. 4. (1) The Supreme Court shall
legislature or such as are devolved upon the be composed of a Chief Justice and fourteen
administrative agency by the organic law of its Associate Justices. It may sit en banc or its
existence. discretion, in divisions of three, five, or seven
Under the Constitution, the members of Members. Any vacancy shall be filled within
the courts shall not be designated to any agency ninety days from the occurrence thereof.
performing quasi-judicial or administrative (2) All cases involving the
functions. Considering that membership of Judge constitutionality of a treaty, international or
Manzano in such committee, will violate the executive agreement, or law, which shall be
Constitution, the Supreme Court is constrained to heard by the Supreme Court, en banc, including
deny his request that he be allowed to serve those involving the constitutionality, application,
therein. He can only render assistance to such or operation of presidential decrees,
committee to help promote the laudable purposes proclamations, orders, instructions, ordinances,
of said committee, but only when such assistance and other regulations, shall be decided with the
may be reasonably incidental to the fulfillment of concurrence of a majority of the Members who
his judicial duties. Adapted. actually took part in the deliberations on the
issues in the case and voted thereon.
*Exceptions: Constitutionally appointed (3) Cases or matters heard by a division
non-judicial functions of the Supreme Court shall be decided or resolved with the concurrence
a. Act as Presidential Electoral Tribunal of a majority of the Members who actually took
While Congress acts as the National part in the deliberations on the issues in the case
Board of Canvassers for the Presidential election, and voted thereon, and in no case, without the
the Supreme Court acts as the Electoral Tribunal concurrence of at least three of such Members.
for such election. The Constitution provides: "The When the required number is not obtained, the
Supreme Court, sitting en banc, shall be the sole case shall be decided en banc: Provided, that no
judge of all contests relating to election, returns, doctrine or principle or principle of law laid down
and qualifications of the President or Vice- by the court in a decision rendered en banc or in
President, and may promulgate its rules for the division may be modified or reversed except by
purpose." (Art. Art. VII, Sec. 4, last par.) the court sitting en banc.
This means that before the proclamation
by the Congress of the winner, Congress is the *The Supreme Court may sit en banc or
judge of any electoral issue, but the in its discretion, in divisions of 3, 5, or 7
proclamation, when there is an electoral contest members. [Art. VIII, Sec. 4(1)]
already, then the SC becomes the sole judge.
The 1935 Constitution did not provide
this power. And so RA 1793 gave the SC the

73
Chief Justice shall be issued and a copy thereof
The following cases shall be heard by the attached to the record of the case and served
SC en banc: upon the parties. Any Member who took no part,
1. Cases involving the constitutionality of or dissented, or abstained from a decision or
a treaty, international or executive agreement or resolution must state the reason therefor. The
law. [Id., Sec. 4(2)] same requirements shall be observed by all lower
2. Cases involving the (a) collegiate courts.
constitutionality, (b) application, or (c) operation
of presidential decrees, proclamations, orders, *The reason for the requirement that the
instructions, ordinances and other regulations. decision must be reached "in consulta" (i.e., after
[Id., Sec. 4(2)] deliberations by the group) is to emphasize that
3. All other cases which under the Rules the SC is one body, albeit collegiate, so that the
of Court are required to be heard by the SC en decision of the case is by the court itself and not
banc. [Id., Sec. 4(2)] the ponente. The writer of the opinion is merely
4. Cases or matters heard by a division the spokesman of the body.
where the required number of votes to decide or
resolve (the majority of those who took part in Consing V CA
the deliberations on the issues in the case and ISSUE: W/N absence of certification by the Court
voted thereon, and in no case less than 3 of Appeals renders that decision invalid.
members) is not met. [Id., Sec. 4(3)] HELD: NO. The certification requirement
5. To modify or reverse a doctrine or imposed by the 1987 constitution was meant to
principle of law laid down by the court in a ensure the implementation of the constitutional
decision rendered en banc or in division. [Id., requirement that decisions of the Supreme Court
Sec. 4(3)] and lower collegiate courts, such as the CA,
6. Administrative disciplinary cases Sandiganbayan and CTA, are reached after
involving judges of lower courts. (Id., Sec. 11.) consultation with the members of the court sitting
7. Actions instituted by citizen to test the en banc or in a division before the case is
validity of a proclamation of martial law or assigned to a member thereof for decision
suspension of the privilege of the writ. (Art. VII, writing.
Sec. 18.) The absence would not necessarily mean
8. The court sitting as Presidential that the case submitted for decision had not been
Electoral Tribunal. (Art. VII, Sec. 4, par. 7.) reached in consultation before being assigned to
one member for the writing of the opinion of the
Rule 56 Sec. 11. Procedure if opinion is court since the regular performance of official
equally divided.-- Where the court en banc is duty is presumed. The lack of certification serves
equally divided in opinion, or the necessary as an evidence of failure to observe the
majority cannot be had, the case shall be re- certification requirement but it would not have
heard, and if on rehearing no decision is reached, the effect of invalidating the decision.
the action shall be dismissed if originally
commenced in the court; in appealed cases, the Art. VIII, Sec. 14. No decision shall be
judgement or order appealed from shall stand rendered by any court without expressing therein
affirmed; and on all incidental matters, the clearly and distinctly the facts and the law on
petition or motion shall be denied. which it is based.
No petition for review or motion for
Rule 125, Sec. 3. Decision if opinion is equally reconsideration of a decision of the court shall be
divided.-- When the court en banc is refused due course or denied without stating the
equally divided in opinion, or the necessary legal basis therefor.
majority cannot be had, the case shall be re-
heard, and if on rehearing no decision is reached, Voting
the judgment of conviction of the lower court
shall be reversed and the accused acquitted Votes required to "render a decision or
resolution"
(17) Requirement as to decisions
A) En banc - Concurrence of a majority of the
Deliberations members who (i) actually took part in the
deliberations (i.e., the consultation) on the issues
Art. VIII, Sec. 13. The conclusions of the in the case, and (ii) voted thereon. [Art. VIII,
Supreme Court in any case submitted to it for Sec. 4(2) and Sec. 11.]
decision en banc or in division shall be reached in
consultation before the case is assigned to a a.) The lowest possible votes needed to
member for the writing of the opinion of the render a decision is 5, since quorum of 15 is 8,
Court. A certification to this effect signed by the and majority of 8 is 5. This number may increase

74
as the number of justices present increase; the case is again reheard. If upon rehearing, no
b.) One who abstained is deemed to have majority is still had, the following are the effects:
voted for the purpose of computing the majority
vote needed. For an abstention is really a form of a.) If a case is on appeal, the judgment
casting a vote with its own repercussions on the appealed from is deemed affirmed except:
outcome of the case.
c.) One who was present but kept silent (i) Criminal cases where the
during the deliberations and did not vote is still judgment is that of conviction: the conviction is
included in the counting for the purpose of reversed, and the accused is acquitted.
determining the majority. For it may happen that (ii) Cases where the lower court
he has already made up his mind on how to declared a law, etc. unconstitutional: the
decide and influence the outcome of the case. judgment is reversed, and the validity of the law
d.) But one who expressly inhibited or is is deemed sustained, pursuant to the
disqualified from taking part (for instance because presumption of constitutionality under Sec. 9 of
of conflict of interest) is not included. the Judiciary Act of 1948. (If the lower court
e.) There must be a quorum before a declared the law as not unconstitutional, this
valid decision can be made. Without a quorum, judgment is deemed affirmed pursuant to the
there can be no valid business to begin with. general rule above.)
f.) In case, the necessary majority (Thus, if 12 are present, 5 voted
cannot be mustered, then there is no decision the law unconstitutional, 4 voted for its validity,
rendered. (See effect of failure to reach a and 3 abstained, there is no decision and so the
majority below.) law remains valid.)
b.) If the case is an original petition,
*This provision thus, overrules the then the case is deemed dismissed.
requirement of (a) 10 votes (2/3) to declare a law
unconstitutional under 1973 (a constitutional Writing of the decision
requirement), and (b) 10 votes to impose or
affirm the death penalty (by internal rules of the No decision shall be rendered by any
SC, although constitutionally 8 votes were court without expressing therein clearly and
enough). The presumption of constitutionality of distinctly the facts and the law on which it is
laws under the Judiciary Act of 1948, however, based. (Art. VIII, Sec. 14.)
remains valid. In the case of the SC and lower collegiate
court, this rule is addressed to the one to whom
B) In divisions - Cases or matters heard by a the writing of the opinion was assigned after
division shall be decided or resolved (a) with the consultation, that is, the ponente. In the case by
concurrence of a majority of the members who other courts, this rule is addressed to the judge.
actually took part in the deliberations on the
issues in the case and voted thereon, and (b) in Decisions on the merit.
no case without the concurrence of at least 3 of
such members. When the required number is not The rule requiring statement of the
obtained, the case shall be decided en banc. No relevant facts, the issues, the ruling, and the
doctrine or principle of law laid by the court in a reasoned opinion in support of the ruling, applies
decision rendered en banc or in division may be only to decisions on the merit by a court of
modified or reversed except by the court sitting record, based on the following rulings of the SC:
en banc. [Art. VIII, Sec. 4(3)]
Valladolid v Inciong,
a. In a division of 7 members, the it was held that the Order of the Deputy
majority if all are present is 4. If only 6 are Minister of Labor did not contain a statement of
present, 4. If only 5 or 4, 3. If only 3, no facts and conclusions of law is not covered by the
quorum. constitutional requirement because it is not a
b. In a division of 5 members, 3 votes decision of a court of record, the Ministry of Labor
are needed regardless of whether 5, 4, or 3 are being an administrative agency with quasi-judicial
present. functions, with rules of procedure mandated to be
c. In division of 3 members, 3 votes are non-litigious, summary and non-technical.
needed.
d. In any of these cases, when the votes Section 14, Chapter 3, Book VII,
cannot be mustered, the case must be raised to Administrative Code of 1987. Decision.--
the court en banc. Every decision rendered by the agency in a
contested case shall be in writing and shall state
Effect of failure to muster the necessary majority: clearly and distinctly the facts and the law on
which it is based. xxx
If the necessary majority cannot be had,

75
merits, but is similar to a dismissal of a petition
Bacolod Murcia Milling Co. v Henares, for review, which is a decision not to give due
The SC ruled that orders of a court on an course to the petition.)
incidental matter (in this case, the order imposing
the payment of attorney's fees) need not state The past practice used to be that when
the legal basis of the ruling. the appellate court denied a petition for review,
or denied a MFR, it simply did so in a Minute
Minute Resolution Resolution, stating that the case was dismissed
for lack of basis. This aggrieved many a lawyer,
Cruz: In justifying the so-called minute specially those who would spend days preparing
resolution, the SC said in Borromeo v. CA, pages of briefs, only to find out that all their
"The SC disposes of the bulk of its cases effort was answered by a one-liner "Dismissed for
by minute resolutions and decrees them as final lack of basis".
and executory, as where a case is patently w/o This prompted the framers of the 1987
merit, where the issues raised are factual in Constitution to force the Court to at least write
nature, where the decision appealed from is down the legal basis for the denial. This means
supported by substantial evidence and is in that while a fully detailed decision is not required,
accord w/ the facts of the case and the applicable neither is a skimpy one-liner is allowed. The legal
laws, where it is clear from the records that the reason for the dismissal must be written.
petitions were filed merely to forsetall the early
execution of judgment and for non-compliance w/ Dissenters and Abstainers
the rules. The resolution denying due course or
dismissing a petition always gives the legal basis. In the case of a decision on the merits, if
x x x x a member (a) took no part, or (b) dissented, or
The Court is not duty bound to render (c) abstained from a decision or resolution, he
signed decisions all the time. It has ample must state his reason therefor. (Art. VIII, Sec.
discretion to formulate decisions and/ or minute 13.)
resolutions, provided a legal basis is given, Before, only those who dissented were
depending on its evaluation of a case." required to write an opinion. Now, even those
who took no part in the deliberations but were
And neither does the rule apply to administrative present, and those who abstained are required to
cases decided by the SC itself, as it held in write their reasons for these are really forms of
Prudential Bank v. Castro, thus: casting their vote. Those who inhibited
"No constitutional provision is themselves are, of course, not required to vote,
disregarded in the SC's Minute Resolution denying since they did not really participate.
a motion for reconsideration 'for lack of merit, the Procedurally, the purpose is to enable the
issues raised therein having been previously duly party to find out the reason for the action taken.
considered and passed upon. In an For courts lower than the SC, and even the SC
administrative case, the constitutional mandate itself, this is important for appeal or motion for
that 'no *** motion for reconsideration of a reconsideration purposes, as the basis for the
decision of the court shall be *** denied without assignment of error.
stating the legal basis therefor is inapplicable. Theoretically, since the SC is not an
And even if it were, said resolution stated the elective branch it must explain the reason being
legal basis for the denial, and, therefore, adhered its ultimate source of authority. Congress need
faithfully to the constitutional requirement. 'Lack not explain its action since it has been delegated
of merit,' as a ground for denial is legal basis. the legislative power by the people.
Petitions for review and motions for (18) Mandatory period for deciding
reconsideration cases
No petition for review or motion for Art. VIII, Sec. 15. (1) All cases or matters
reconsideration of a decision of the court shall be filed after the effectivity of this Constitution must
refused due course or denied, without stating the be decided or resolved within twenty-four months
legal basis therefor. (Art. VIII, Sec. 14, par. 2.) from the date of submission for the Supreme
Court, and, unless reduced by the Supreme
This rule applies to a dismissal of a motion for Court, twelve months for all lower collegiate
reconsideration of a "decision on the merits", said courts, and three months for all other lower
the SC in Mendoza v CFI,). It does not apply, courts.
as in this case, to a dismissal of a motion for (2) A case or matter shall be deemed
reconsideration of a previous dismissal of a submitted for decision or resolution upon the
petition for habeas corpus. (The dismissal of the filing of the last pleading, brief or memorandum
petition for habeas corpus is not a decision on the required by the Rules of Court or by the court

76
itself. Except: A proper case questioning the
(3) Upon the expiration of the sufficiency of the factual basis of the proclamation
corresponding period, a certification to this effect of martial law or suspension of the privilege which
signed by the Chief Justice or the presiding judge must be decided 30 days from filing. (Art. VII,
shall forthwith be issued and a copy thereof Sec. 18, par. 1.)
attached to the record of the case or matter, and
served upon the parties. The certification shall But what happens if the judge or court fails to
state why a decision or resolution has not been meet the deadline anyway? The Constitution
rendered or issued within said period. provides:
(4) Despite the expiration of the Upon the expiration of the corresponding
applicable mandatory period, the court, without period, a certification to this effect signed by the
prejudice to such responsibility as may have been Chief Justice or the presiding Judge shall
incurred in consequence thereof, shall decide or forthwith be issued, and a copy thereof attached
resolve the case or matter submitted thereto for to the record of the case or matter, and served
determination, without further delay. upon the parties. The certification shall state why
a decision or resolution has been rendered or
Art. VII, Sec. 18. xxx The Supreme issued within said period. [Art. VIII, Sec. 15 (3)]
Court may review, in an appropriate proceeding Despite the expiration of the applicable
filed by any citizen, the sufficiency of the factual mandatory period, the court, without prejudice to
basis of the proclamation of martial law or the such responsibility (administrative disciplinary
suspension of the privilege of the writ or the action against the judge or justices) shall decide
extension thereof, and must promulgate its or resolve the case or matter submitted thereto
decision thereon within thirty days from its filing. for determination without further delay. [Art.
xxx (par. 3 thereof.) VIII, Sec. 15(4)]
In other words, failure to decide the case
Art. XVIII, Sec. 12. The Supreme Court shall, [for reasons other than the inability to reach the
within one year after the ratification of this necessary majority] has no consequence on the
Constitution, adopt a systematic plan to expedite case. Thus, a certification is required that the
the decision or resolution of cases or matters period has lapsed without any decision being
pending in the Supreme Court or the lower courts made, stating the reason for such inaction. Then
prior to the effectivity of this Constitution. A the court must decide without any further delay.
similar plan shall be adopted for all special courts The consequences are on the judge: (a) he could
and quasi-judicial bodies. not draw out his salary, since he would not be
able to certify that he has resolved all cases
Id., Sec. 13. The legal effect of the lapse, before submitted to him in 90 days and (b) he is subject
the ratification of this Constitution, of the to administrative sanctions.
applicable period for the decision or resolution of
the cases or matters submitted for adjudication B) Cases filed before February 2, 1987 but expire
by the courts, shall be determined by the after this date
Supreme Court as soon as practicable.
The provisions of Art. VIII, Sec, 15(3) -
Id., Sec. 14. The provisions of paragraphs (3) (4) shall apply to cases or matters filed before the
and (4), Section 15 of Article VIII of this ratification of this Constitution, when the
Constitution shall apply to cases or matters filed applicable period lapses after such ratification.
before the ratification of this Constitution, when (Art. XVIII, Sec. 14)
the applicable period lapses after such In other words, it is as if these cases
ratification. were filed after February 2, 1987.
A) Cases filed after February 2, 1987 C) Cases that expired before February 2, 1987
The legal effect of the lapse, before the
All cases or matters filed after the ratification of this Constitution, of the applicable
effectivity of this Constitution must be decided period for the decision or resolution of the cases
within twenty-four months counted from the date or matters submitted for adjudication by the
of submission." [Art. VIII, Sec. 15(1)] courts, shall be determined by the SC as soon as
A case or matter is deemed submitted for practicable. (Art. XVIII, Sec. 13.)
decision or resolution upon the filing of the last The Supreme Court shall, within 1 year
pleading, brief or memorandum required by the from February 2, 1987 adopt a systematic plan to
Rules of Court or by the court itself. [Art. VIII, expedite the decision or resolution of cases or
Sec. 15(2)] matters pending in the SC or lower courts prior to
the effectivity of this Constitution. A similar plan
Mandatory period in the Supreme Court: 24 shall be adopted for all special courts and quasi-
months [Art. VIII, Sec. 15(1)] judicial bodies. (Art. XVIII, Sec. 12.)

77
(2) He must be a person of proven competence,
B. LOWER COURTS integrity, probity and independence. [Art. VIII,
Sec. 7(3)]
(1) Qualifications and appointment
(2) Salary
Art. VIII, Sec. 7. (1) No person shall be
appointed Member of the Supreme Court or any Art. VIII, Sec. 10. The salary of the Chief
lower collegiate court unless he is a natural-born Justice and of the Associate Justices of the
citizen of the Philippines. A member of the Supreme court and of judges of lower courts shall
Supreme Court must be at least forty years of be fixed by law. During their continuance in
age, and must have been for fifteen years or office, their salary shall not be decreased.
more a judge of a lower court or engaged in the
practice of law in the Philippines. (3) Congressional power to
(2) the Congress shall prescribe the reorganize and security of tenure
qualifications of judges of lower courts, but no
person may be appointed judge thereof unless he Art. VIII, Sec. 11. The members of the
is a citizen of the Philippines and a member of the Supreme Court and judges of lower courts shall
Philippine Bar. hold office during good behavior until they reach
the age of seventy years, or become
Id., Sec. 8. (5) The (Judicial and Bar) Council incapacitated to discharge the duties of their
shall have the principal function of recommending office. The Supreme Court en banc shall have the
appointees to the Judiciary. It may exercise such power to discipline judges of lower courts, or
other functions and duties as the Supreme Court order their dismissal by a vote of a majority of
may assign to it. the Members who actually took part in the
deliberations on the issues in the case and voted
Id., Sec. 9. The Members of the Supreme Court thereon.
and judges of lower courts shall be appointed by
the President from a list of at list three nominees Id., Sec. 2. xxx No law shall be passed
prepared by the Judicial and Bar Council for every reorganizing the Judiciary when it undermines the
vacancy. Such appointments need no security of tenure of its Members.
confirmation.
For the lower courts, the President shall *The power of Congress to reorganize
issue the appointment within ninety days from lower courts has been upheld by the SC prior to
the submission of the list. 1987.
Composition Ocampo v Secretary of Justice,

The SC by failing to muster the 2/3 vote
The composition of lower courts shall be required then to declare a law unconstitutional in
provided by law. The laws are the Judiciary Act effect sustained the validity of the law passed by
of 1948 and BP 129. Congress abolishing the offices of "judges-at-
large" and "cadastral judges" and the consequent
Qualifications removal of judges occupying these posts. Noting
that the purpose of the law was to promote the
Lower Collegiate Court (Court of Appeals) independence of the judiciary (by avoiding forum-
shopping), it held that an abolition of an office
(1) No person shall be appointed member of any made in good faith does not violate security of
lower collegiate court unless he is a natural-born tenure. Security of tenure presupposes the
citizen. [Art. VIII, Sec. 7(1)] and a member of continued existence of the office from which one
Philippine Bar. was removed not removal from an office that has
(2) The Congress shall prescribe qualifications of been abolished in good faith and not merely
judges of lower courts. [Art. VIII, Sec. 7(2)] partisan political reasons.
(3) A member of the judiciary must be a person
of proven competence, integrity, probity, and De La Llana v Alba,
independence. [Art. VIII, Sec. 7(3)] The SC again upheld the Reorganization
Act of 1980 (BP 129), on the ground that the
Lower Courts abolition of an office, is within the competence of
the legislature if done in good faith. That there
(1) The Congress shall prescribe qualifications of was good faith was shown by the fact that the Act
judges of lower courts, but no person may be was the product of careful study and deliberation
appointed judge thereof unless he is a citizen of by the Batasan and the Presidential study
the Philippines and a member of the Philippine committee, the membership of which includes SC
bar. [Art. VIII, Sec. 7(2)] justices, and was the means to upgrade the

78
administration of justice in the Philippines. The statute in the first instance.
SC reiterated that there can be no claim for
security of tenure where the office no longer (6) Requirements as to preparation
exists, and that the abolition of office is not of decisions
removal, although their effects may be the same.
It is doubtful whether these rulings Art. VIII, Sec. 14. No decision shall be
remain valid in toto in view of the new express rendered by any court without expressing therein
provision prohibiting a reorganization law that clearly and distinctly the facts and the law on
undermines the security of tenure of the which it is based.
Judiciary. No petition for review or motion for
One compromise view is that Congress reconsideration of a decision of the court shall be
has the power to pass a reorganization law refused due course or denied without stating the
concerning the lower courts, but it can only take legal basis therefor.
effect until the post has been vacated by the
incumbent judge. Manner of sitting
(4) Removal The Court of Appeals sits in divisions

when it hears cases; the only time it convenes as
Art. VIII, Sec. 11. The members of the one body is to take up matters of administration.
Supreme Court and judges of lower courts shall The trial and inferior courts, of course, do
hold office during good behavior until they reach not have this problem since there is only one
the age of seventy years, or become judge.
incapacitated to discharge the duties of their
office. The Supreme Court en banc shall have the Deliberations
power to discipline judges of lower courts, or
order their dismissal by a vote of a majority of The same requirements (for consulta)
the Members who actually took part in the shall be observed by all lower collegiate courts.
deliberations on the issues in the case and voted (Art. VIII, Sec. 13)
thereon. For obvious reasons, this requirement
does not apply to the trial and inferior courts.
Cruz: "Judges of lower court," as here used,
includes justices of the Sandiganbayan. This rule Voting
casts much doubt on the legality of the
presidential decree making them removable only For collegiate courts, like the Court of
by the legislature through the process of Appeals, the law provides that it sits only in
impeachment. divisions when deciding cases.
For trial and inferior courts, no problem
(5) Jurisdiction arises since only one judge is involved.
Art. VIII, Sec. 1. Judicial power shall be vested Effect of failure to muster the necessary majority
in one Supreme Court and in such lower courts as
may be established by law. Court of Appeals.-- The same rules
Judicial power includes the duty of the apply, except that the decision can now be
courts of justice to settle actual controversies appealed to the SC.
involving rights which are legally demandable and Inferior Courts.-- Failure to decide has
enforceable, and to determine whether or not no consequence on the decision of the court. The
there has been a grave abuse of discretion Court is not ousted of its jurisdiction, but the
amounting to lack or excess of jurisdiction on the judge suffers administrative consequences.
part of any branch or instrumentality of the
Government.
(7) Mandatory period for deciding
J.M. Tuason & Co. v CA; Ynot v IAC, Art. VIII, Sec. 15. (1) All cases or matters filed
There is in effect a " constitutional after the effectivity of this Constitution must be
conferment of original jurisdiction on the lower decided or resolved within twenty-four months
courts in those five cases for which the Supreme from the date of submission for the Supreme
Court is granted appellate jurisdiction in 5(2)." Court, and, unless reduced by the Supreme
Under the provision granting the SC Court, twelve months for all lower collegiate
jurisdiction "to review, revise, reverse, modify or courts, and three months for all other lower
affirm on appeal or certiorari as the law or Rules courts.
of Court may provide, judgments of lower courts," (2) A case or matter shall be deemed
lower courts can pass upon the validity of a submitted for decision or resolution upon the

79
filing of the last pleading, brief or memorandum responsibility that may attach to the judge. The
required by the Rules of Court or by the court court must still resolve the case w/o further
itself. delay, unlike the old rule when the decision
(3) Upon the expiration of the appealed was deemed automatically affirmed and
corresponding period, a certification to this effect the petition was deemed automatically dismissed
signed by the Chief Justice or the presiding judge as a result of the inaction of the court.
shall forthwith be issued and a copy thereof xxx
attached to the record of the case or matter, and
served upon the parties. The certification shall Marcelino vs. Cruz
state why a decision or resolution has not been FACTS: Judgement in a criminal case was
rendered or issued within said period. rendered before the clerk of court within 85 days
(4) Despite the expiration of the after the case was concluded. But judgement
applicable mandatory period, the court, without was promulgated after lapse of 90 days from the
prejudice to such responsibility as may have been day the case was submitted for decision.
incurred in consequence thereof, shall decide or ISSUE: W/N trial court lost jurisdiction over the
resolve the case or matter submitted thereto for case for failure to decide the same within 90 days
determination, without further delay. from submission thereof.
W/N constitutional provision is
Art. XVIII, Sec. 12. The Supreme Court shall, mandatory.
within one year after the ratification of this HELD: No to both. The constitutional provision
Constitution, adopt a systematic plan to expedite refers to rendition of judgement which refers to
the decision or resolution of cases or matters the filing of the signed decision with the clerk of
pending in the Supreme Court or the lower courts court.
prior to the effectivity of this Constitution. A By the phrase "unless reduced by the
similar plan shall be adopted for all special courts Supreme Court," it is evident that the period
and quasi-judicial bodies. prescribed is subject to modification by the SC
under its prerogative power to promulgate rules
Id., Sec. 13. The legal effect of the lapse, before concerning procedure in all courts. Constitutional
the ratification of this Constitution, of the provisions are directory, where they refer to
applicable period for the decision or resolution of matters merely procedural. But failure to decide
the cases or matters submitted for adjudication a case within 90 days constitute a ground for
by the courts, shall be determined by the administrative sanction against the defaulting
Supreme Court as soon as practicable. judge. Adapted.
Id., Sec. 14. The provisions of paragraphs (3) De Roma vs CA

and (4), Section 15 of Article VIII of this The CA decided the case beyond the 12
Constitution shall apply to cases or matters filed month period prescribed by the 1973
before the ratification of this Constitution, when Constitution. Said provision in the Constitution
the applicable period lapses after such was merely directory and failure to decide on time
ratification. would not deprive the corresponding courts of
jurisdiction or render their decisions invalid.
Mandatory Period
Lower collegiate courts: 12 months, unless

reduced by the SC C. JUDICIAL AND BAR COUNCIL
Other lower courts: 3 months, unless reduced by
the SC Art. VIII, Sec. 8. A Judicial and Bar Council is
hereby created under the supervision of the
Overruled : Supreme Court composed of the Chief Justice as
ex officio Chairman, the Secretary of Justice, and
The Constitution now explicitly provides a representative of the Congress as ex officio
in Sec. 15 (1) that the periods are mandatory, Members, a representative of the Integrated Bar,
aside from using the word "must" (not "shall" as a professor of law, a retired Member of the
in 1973) in Sec. 15 (1). The case of Marcelino v Supreme Court, and a representative of the
Cruz, which held that the periods in the 1973 private sector.
Constitution were only directory, is thus now, (2) The regular members of the Council
overruled. shall be appointed by the President for a term of
four years with the consent of the Commission on
Cruz: It should be noted that, although decision Appointments. Of the Members first appointed,
within the maximum period is now mandatory, the representative of the Integrated Bar shall
failure to arrive at the same will not divest the serve for four years, the professor of law for three
court of jurisdiction, without prejudice to any years, the retired Justice for two years, and the

80
representative of the private sector for one year. 1. Recommend appointees to the
(3) The Clerk of the Supreme Court shall Judiciary [Art. VIII, Sec. 8(5)]
be the Secretary ex officio of the Council and shall 2. Recommend appointees to the Office
keep a record of its proceedings. of the Ombudsman and his 5 deputies. (Art. XI,
(4) The regular Members of the Council Sec. 9)
shall receive such emoluments as may be 3. Such other functions and duties as the
determined by the Supreme Court. The Supreme SC may assign [Art. VIII, Sec. 8(5)]
Court shall provide in its annual budget the
appropriations for the Council. Id., Sec. 9. The Members of the Supreme Court
(5) The Council shall have the principal and judges of lower courts shall be appointed by
function of recommending appointees to the the President from a list of at least three
Judiciary. It may exercise such other function nominees prepared by the Judicial and Bar
and duties as the Supreme Court may assign to Council for every vacancy. Such appointments
it. need no confirmation.
For the lower courts, the President shall
Ex-officio members [Art. VIII, Sec. 8(1)] issue the appointments within ninety days from
the submission of the list.
(1) Chief Justice as ex-officio Chairman
(2) Secretary of Justice D. AUTOMATIC RELEASE OF
(3) Representative of Congress APPROPRIATION FOR THE JUDICIARY
Regular members [Art. VIII, Sec. 8(1)] Art. VIII, Sec. 3. The Judiciary shall enjoy fiscal
autonomy. Appropriations for the Judiciary may
(4) Representative of the Integrated Bar not be reduced by the legislature below the
(5) Professor of Law amount appropriated for the previous year and,
(6) Retired member of the SC after approval, shall be automatically and
(7) Representative of private sector regularly released.
Secretary ex-officio [Art. VIII, Sec. 8(3)]
Clerk of the SC, who shall keep a record THE CONSTITUTIONAL

of its proceedings
COMMISSIONS
Appointment, Tenure, Salary
I. CIVIL SERVICE COMMISSION
Ex-officio members - For obvious reasons this
Independent Constitutional Commissions
does not apply since the position in the Council is
good only while the person is the occupant of the
Art. IX, A, Sec. 1. The Constitutional
office.
Commissions, which shall be independent, are the
Civil Service Commission (CSC). the Commission
Regular members [Art. VIII, Sec. 8(2)] - The
on Elections and (COMELEC), and the Commission
regular members shall be appointed by the
on Audit (COA).
President with the consent of the Commission on
Appointments.
A. CIVIL SERVICE COMMISSION
The term of the regular members is 4
years.
(1) Composition and qualifications
But the term of those initially appointed
of Commissioners
shall be staggered in the following way so as to
create continuity in the council:
Art. IX, B, Sec. 1. (1) The civil service shall be
IBP representative - 4 years
administered by the Civil Service Commission
Law professor - 3 years
composed of a Chairman and two Commissioners
Retired justice - 2 years
who shall be natural-born citizens of the
Private sector - 1 year
Philippines and, at the time of their appointment,
at least thirty-five years of age, with proven
Regular members shall receive such
capacity for public administration, and must not
emoluments as may be determined by the SC.
have been candidates for any elective position in
The SC shall provide in its annual budget the
the elections immediately preceding their
appropriations for the Council. [Art. VIII, Sec.
appointment.
8(4)]
Art. VII, sec. 13. xxx The spouse and relatives
Functions
by consanguinity or affinity within the fourth civil
degree of the President shall not during his tenure

81
be appointed as Members of the Constitutional profession or in the active management or control
Commissions, or the Office of the Ombudsman, or of any business which in any way may be affected
as Secretaries, Undersecretaries, chairmen or by the functions of his office, nor shall he be
heads of bureaus or offices, including govern- financially interested, directly or indirectly, in any
ment-owned or controlled corporations and their contract with, or in any franchise or privilege
subsidiaries. granted by the Government, any of its
subdivisions, agencies or instrumentalities,
(2) Appointment and term of Office including government-owned or controlled
of Commissioners corporations or their subsidiaries.
Art. IX, B, Sec. 1. xxx (2) The Chairman and *No members of a Constitutional
the Commissioners shall be appointed by the Commission shall during his "tenure" :
President with the consent of the Commission on
Appointments for a term of seven years without a. Hold any other office or employment. -
reappointment. Of those first appointed, the This is similar to the prohibition against executive
Chairman shall hold office for seven years, a officers. It applies to both public and private
Commissioner for five years, and another offices and employment.
Commissioner for three years, without b. Engage in the practice of any
reappointment. Appointment to any vacancy profession.
shall be only for the unexpired term of the c. Engage in the active management or
predecessor. In no case shall any Member be control of any business which in any way may be
appointed or designated in a temporary or acting affected by the functions of his office.
capacity. d. Be financially interested, directly or
indirectly, in any contract with, or in any
Transitional terms franchise or privilege granted by, the
Government, its subdivisions, agencies or
Of the first appointment, the Chairman instrumentalities, including GOCCs or their
shall serve for 7 years, without reappointment. subsidiaries.
Of the Commissioners, the following periods
apply: 1 Commissioner for 5 years; another for 3 (6) Impeachment
years without reappointment
Art. XI, Sec. 2. xxx [T]he members of the
(3) Appointment of personnel of CSC Constitutional Commissions xxx may be removed
from office, on impeachment for, and conviction
Art. IX, A, Sec. 4. The Constitutional of, culpable violation of the Constitution, treason,
Commissions shall appoint their officials and bribery, graft and corruption, other high crimes,
employees in accordance with law. or betrayal of public trust. xxx
(4) Salary (7) Functions of the CSC
Art. XVIII, Sec. 17. Until the Congress provides Art. IX, B, Sec. 3. The Civil Service
otherwise xxx the Chairmen of the Constitutional Commission, as the central personnel agency of
Commissions (shall receive an annual salary of) the Government, shall establish a career service
two hundred four thousand pesos each; and the and adopt measures to promote morale,
Members of the Constitutional Commissions, one efficiency, integrity, responsiveness,
hundred eighty thousand pesos each. progressiveness, and courtesy in the civil service.
It shall strengthen the merit and rewards system,
Art. IX, A, Sec. 3. The salary of the Chairman integrate all human resources development
and the Commissioners shall be fixed by law and programs for all levels and ranks, and
shall not be decreased during their tenure. institutionalize a management climate conducive
to public accountability. It shall submit to the
*The salary, of course, can be increased President and the Congress an annual report on
and the increase can take effect at once, since, its personnel program.
like the Judiciary, the Constitutional Commissions
have not part in the passage of such a law. Art. IX, A, Sec. 7. Each Commission shall
decide by a majority vote of all its Members any
(5) Disqualifications case or matter brought before it within sixty days
from the date of its submission for decision or
Art. IX, A, Sec. 2. No Member of a resolution. A case or matter is deemed submitted
Constitutional Commission shall, during his for decision or resolution upon the filing of the
tenure, hold any other office or employment. last pleading, brief, or memorandum required by
Neither shall he engage in the practice of any the rules of the Commission or by the

82
Commission itself. Unless otherwise provided by
this Constitution or by law, any decision, order or Alliance of Government Workers v Minister
ruling of each Commission may be brought to the of Labor and Employment
Supreme Court on certiorari by the aggrieved AGW is a registered labor federation.
party within thirty days from receipt of a copy Sec1, Art XII-B, 1973 Consti was intended to
thereof. correct the situation where more favored
employees of the gov’t could enjoy the best of 2
Id., Section 8. Each Commission shall perform worlds, as they are not only protected by thelaws
such other functions as may be provided by law. governing gov’t employment, but they can alsi
engage in collective bargaining and join in strikes
(8) Scope of the Civil Service to secure higher wages and fringe benefits. The
salaries and fringe benefits of those covered by
Art. IX, B, Sec. 2 (1) The civil service the Civil Service are fixed by law.
embraces all branches, subdivisions,
instrumentalities, and agencies of the OVERRULED:
Government, including government-owned or
controlled corporations with original charters. National Housing Corp. v. Juco,
NHA was greated as a GOCC. Its
Art. XII, Sec. 16. xxx. Government-owned or employees are governed by the Civil Service Law
controlled corporations may be created or and the Civil Service Rules and Regulations. The
established by special charters in the interest of fact that Private corps owned or controlled by the
the common good and subject to the test of gov’t may be created by special charter does not
economic viability. mean that such corps not created by special laws
are not covered by Civil Service
National Service Corp. v. NLRC,
The holding in NHC v Juco should not be Quimpo v. Tanodbayan,
given retroactive effect, that is to cases that Employees of GOCCs are within the
arose before its promulgation of Jan 17, 1985. To jurisdiction of the Tanodbayan and the
do otherwise would be oppressive to Credo and Sandiganbayan. Petrophil was not created by
other employees similarly situated because under special law but became a subsidiary of PNOC (a
the 1973 Consti but prior to the ruling in NHC v GOCC). Hence, it shed its private status abd
Juco, this court recognized the applicability of the hence cannot be covered by Civil Service Law.
Labor jurisdiction over disputes involving terms
and conditions of employment in GOCC's, among a. Terms, conditions of employment in the Civil
them NASECO. Service
In the matter of coverage by the civil
service of GOCC, the 1987 Consti starkly differs (a) Oath of allegiance to the
from the 1973 consti where NHC v Juco was Constitution
based. It provides that the "civil service
embraces all branches, subdivisions, Art. IX, B, Sec. 4. All public officers and
instrumentalities, and agencies of the employees shall take an oath or affirmation to
Government, including government owned or uphold and defend the Constitution.
controlled corporation with original charter."
Therefore by clear implication, the civil service Art. XI, Sec. 18. Public officers and employees
does not include GOCC which are organized as owe the State and this Constitution allegiance at
subsidiaries of GOCC under the general all times, and any public officer or employee who
corporation law. Adapted. seeks to change his citizenship or acquire the
status of an immigrant of another country during
Trade Unions of the Philippines and Allied his tenure shall be dealt with by law.
Services (TUPAS) VS. NHA,
The civil service now covers only govt (b) Merit System
owned or controlled corporations w/ original or
legislative charters, that is those created by an (a) Appointment of lame ducks
act of Congress of by special law, and not those
incorporated under and pursuant to a general Art. IX, B, Sec. 6. No candidate who has lost in
legislation. any election shall, within one year after such
There is, therefore, no impediment to the election, be appointed to any office in the
holding of a certification election among the Government, or any government-owned or
workers of NHC for it is clear that they are controlled corporations or in any of their
covered by the Labor Code, the NHC being a govt subsidiaries.
owned and/ or controlled corp. w/o an original
charter

83
be the Secretary ex officio of the Council and shall
(b) Ban on holding multiple positions keep a record of its proceedings.
Art. IX, B, Sec. 7. No elective official shall be Id., Sec. 12. The Members of the Supreme
eligible for appointment or designation in any Court and of other courts established by law shall
capacity to any public office or position during his not be designated to any agency performing
tenure. quasi-judicial or administrative functions.
Unless otherwise allowed by law or by
the primary functions of his position, no CLU v Executive Secretary, 194 SCRA 317 (1991)
appointive official shall hold any other office or Thus, while all other appointive officials
employment in the Government or any in the civil service are allowed to hold other office
subdivision, agency or instrumentality thereof, or employment in the govt during their tenure
including government-owned or controlled when such is allowed by law or by the primary
corporations or their subsidiaries. functions of their positions, members of the
Cabinet, their deputies and assistants may do so
Art. VII, Sec. 13. The President, Vice-President, only when expressly authorized by the Consti.
the Members of the Cabinet, and their deputies or itself. xxx
assistants shall not, unless otherwise provided in However, the prohibition against holding
this Constitution, hold any other office or dual or multiple offices or employment under Art.
employment during their tenure. They shall not, VII, Sec. 13 must not be construed as applying to
during said tenure, directly or indirectly, practice posts occupied by the Executive officials specified
any other profession, participate in any business, therein w/o addition compensation in an ex-officio
or be financially interested in any contract with, capacity as provided by law and as required by
or in any franchise, or special privilege granted by the primary functions of said official's office. The
the Government or any subdivision, agency, or reason is that these posts do not comprise "any
instrumentality thereof, including government- other office" w/in the contemplation of the
owned or controlled corporations or their constitutional prohibition but are properly an
subsidiaries. They shall strictly avoid conflict of imposition of additional duties and function on
interest in the conduct of their office. said officials. Adapted.
The spouse and relatives by
consanguinity or affinity within the fourth civil Flores v. Drilon,
degree of the President shall not during his tenure In the case at bar, the subject proviso
be appointed as Members of the Constitutional directs the President to appoint an elective
Commissions, or the Office of the Ombudsman, or official, i.e. Mayor of Olongapo City, to other
as Secretaries, Under-secretaries, chairmen or governmental post. Since this is precisely what
heads of bureaus or offices, including the constitutional proscription seeks to prevent, it
government-owned or controlled corporations and needs no stretching of the imagination to
their subsidiaries. conclude that the proviso contravenes Sec. 7, 1st
par of Art IX-B. While the second par. authorizes
Art. VI, Sec. 13. No Senator or Member of the the holding of multiple offices by an appointive
House of Representatives may hold any other position, there is no exception to the first
office or employment in the Government, or any paragraph except as are particularly recognized in
subdivision, agency or instrumentality thereof, the Constitution itself.
including government-owned or controlled Futhermore, the proviso is a legislative
corporations or their subsidiaries, during his term encroachment on appointing authority to only one
without forfeiting his seat. Neither shall he be eligible i.e. the incumbent Mayor of Olongapo
appointed to any office which may have been City. The conferment of the appointing power is a
created or the emoluments thereof increased perfectly valid legislative act but the proviso
during the term for which he was elected. limiting his choice to one is an encroachment to
his prerogative.
Thus, Mayor Gordon is ineligible for
Art. VIII, Sec. 8. (1) A Judicial and Bar Council appointment throughout his tenure but may
is hereby created under the supervision of the resign first from his elective office before he may
Supreme Court composed of the Chief Justice, as be considered for appointment. He has a choice.
ex officio Chairman, the Secretary of Justice and Sec. 13 par (d) is declared
a representative of the Congress as ex officio unconstitutional and the appointment of Mayor
Members, a representative of the Integrated Bar, Gordon is invalid but his previous acts as
a professor of law, a retired Member of the Chairman of SBMA shall be considered that of a
Supreme Court, and a representative of the de facto officer. Adapted.
private sector.
xxx
(3) The Clerk of the Supreme Court shall

84
Governor of Laguna. It is contended that at the
(c) Standardization of pay and ban time he filed his certificate of candidacy and was
double compensation elected to office, respondent was a Captain in the
Philippine Army and for this reason, is ineligible to
Standardization of pay that office.
HELD: Section 2, Art. XI of the 1935 Const.
Art. IX, B, Sec. 5. The Congress shall provide (similar to the 1987 provision) prohibits members
for the standardization of compensation of of the Armed Forces from engaging in any
government officials and employees, including partisan political activity or otherwise taking part
those in government-owned or controlled in any election except to vote, but it does not ex
corporations with original charters, taking into vi termini grant or confer upon them the right of
account the nature of the responsibilities suffrage. As Section 431 of the Election Law, as
pertaining to, and the qualifications required for amended disqualifies from voting only members
their positions. in the active service of the Philippine Army and no
claim is made that this discrimination is violative
Ban on double compensation of the Constitution, it follows that the respondent,
being in the reserve force, is not disqualified from
Art. IX, B, Sec. 8. No elective or appointive voting. The respondent being a qualified elector
public officer or employee shall receive additional, and the possession by him of the other
double, or indirect compensation, unless qualifications prescribed for an elective provincial
specifically authorized by law, nor accept without office not being challenged, he is not ineligible to
the consent of the Congress, any present, the office of provincial governor to which he has
emolument, office, or title of any kind from any been elected.
foreign government. The constitutional provision mentioned
Pensions or gratuities shall not be contemplates only those in the active service
considered as additional, double, or indirect otherwise it would lead to widespread
compensation. disqualification of the majority of the able bodied
men who are part of the reserve corps of the
Sec. 56. Additional or Double Compensation.-- armed forces from voting and from being voted
No elective or appointive public officer or upon.
employee shall receive additional or double Raison d' etre for the disqualification:
compensation unless specifically authorized by Members of the armed forces are servants of the
law nor accept without the consent of the State and not the agents of any political group.
President, any present, emolument, office, or title
of any kind from any foreign state. Santos v. Yatco,
Pensions or gratuities shall not be This is petition for prohibition seeking to
considered as additional, double or indirect enjoin the enforcement of the order of Judge
compensation. (Book V, Title I, Chapter 8, Yatco disallowing then Secretary of Defense Alejo
Administrative Code of 1987.) Santos from campaigning personally for Governor
Tomas Martin in the province of Bulacan.
(d) Ban on partisan political The petition was granted for the ff.
activities reasons:
The position of department secretaries is
Art. IX, B, Sec. 2. xxx (4) No officer or not embraced and included within the terms
employee in the civil service shall engage, directly officers and employees in the Civil Service;
or indirectly, in any electioneering or partisan When Santos, a Nacionalista campaigned
political campaign. for Gov. Martin, a candidate of the Nacionalista
Party, he was acting as a member of the Cabinet
Compare with in discussing the issues before the electorate and
defending the actuations of the Administration to
Art. XVI, Sec. 5. xxx (3) Professionalism in the which he belongs;
armed forces and adequate remuneration and The question of impropriety as distinct
benefits of its members shall be a prime concern from illegality of such campaign because of its
of the State. The armed forces shall be insulated deleterious influence upon the members of the
from partisan politics. armed forces, who are administratively
No member of the military shall engage subordinated to the Secretary of National Defense
directly or indirectly in any partisan political and who are often called upon by the COMELEC to
activity except to vote. aid in the conduct of orderly and impartial
elections, is not justiciable by the court.
Cailles v. Bonifacio,
FACTS: This is a quo warranto petition to oust
respondent Bonifacio from the office of Provincial

85
RAM.
(f) Removal or suspension only for
cause Corpus v. Cuaderno,
ISSUE: W/N the removal of Respondent by
Art. IX, B, 2. xx (3) No officer or resolution of the Monetary Board on the ground of
employee of the civil service shall be removed or loss of confidence was valid despite the fact that
suspended except for cause provided by law. the committee which investigated the charges
against him found no basis for his removal
De los Santos v Mallare, HELD: NO. The removal of respondent on the
The provision of Sec. 2545 of the Rev. ground of loss of confidence is a clear and evident
Admin. Code that the Pres. may remove at afterthought resorted to when the charges
pleasure any of the said appointive officers is subject matter of the investigation were not
incompatible w/ the constitutional inhibition that proved or substantiated. It was a mere pretext to
"No officer or employee in the Civil Service shall cure the inability to substantiate the charges
be removed or suspended except for cause as upon which the investigation proceeded. The
provided by law." We therefore declare Sec. court therefore dismissed the reason of "loss of
2545 of the RAC as repealed by the Consti. and confidence" for the dismissal of Corpus. That
ceased to be operative from the time that being so, the constitutional mandate that No
instrument came into effect. officer in the Civil Service shall be removed or
For cause as provided by law.-- The suspended except for cause as provided by law
phrase "for cause" in connection w/ removals of must be applied. Persons holding positions which
public officers has acquired a well-defined are highly technical in nature must be afforded
concept. "It means for reasons w/c the law and the Constitutional safeguard requiring removal to
sound public policy recognized as sufficient be for cause as provided by law, and if the
warrant for removal, that is, legal cause, and not dismissal for "loss of confidence" be allowed, it
merely causes w/c the appointing power in the must have basis in fact, which does not exist in
exercise of discretion may deem sufficient. It is the case at bar.
implied that officers may not be removed at the The exemption of the three positions
mere will of those vested w/ the power of adverted to earlier from the rule requiring
removal, or w/o any cause. Moreover, the cause APPOINTMENTS to be made on the basis of Merit
must relate to and affect the administration of the and fitness DOES NOT EXEMPT such positions
office, and must be restricted to something of a from the operation of the rule that no officer in
substantial nature directly affecting the rights and the Civil Service shall be removed except for
interests of the public." cause as provided for by law. This rule is
absolute, in fact, the CB Charter provided for the
Three specified classes of positions-- same absolute rule.
policy-determining, primarily confidential and Furthermore, the Civil Service Law which
highly technical-- are excluded from the merit classified Corpus' position as non-competitive
system and dismissal at pleasure of officers and provides that such positions are protected by the
employees appointed therein is allowed by the Civil Service Law and that his removal must only
Consti. xxx be for cause recognized by law (Garcia v Exec.
The office of city engineer is neither Secretary.)
primarily confidential, policy-determining, nor While the tenure of officials holding
highly technical. primarily confidential positions ends upon loss of
Primarily confidential.-- The latter confidence, the tenure of officials holding highly
phrase denotes not only confidence in the technical posts does not end upon mere loss of
aptitude of the appointee for the duties of the confidence. The Consti. clearly distinguished the
office but primarily close intimacy w/c insures primarily confidential from the highly technical,
freedom of intercourse without embarrassment or and to apply the loss of confidence rule to the
freedom from misgivings of betrayals of personal latter incumbents is to ignore and erase the
trust or confidential matters of state. differentiation expressly made by our
Policy-determining.-- Nor is the position fundamental charter. Officers holding highly-
of city engineer policy-determining. A city technical positions hold office on the basis of their
engineer does not formulate a method of action special skills and qualifications. The court also
for the govt or any of its subdivisions. His job is said that if mechanics and engineers enjoy
to execute policy, not to make it. security of tenure with more reason should a
Highly technical.-- Finally, the position of highly technical officer, as Respondent Corpus, be
city engineer is technical but not highly so. A city protected by the Constitutional provision on
engineer is not required nor is he supposed to security of tenure. RAM.
posses a technical skill or training in the supreme
or superior degree, w/c is the sense in w/c "highly
technical" is, we believe, employed in the Consti.

86
main difference bet. the former-- primarily
Ingles v. Mutuc, 26 SCRA 171 (1968) confidential officer-- and the latter is that the
The fact that the plaintiffs held office for latter's term is fixed or definite, whereas that of
the "president's Private Office" under subdivision the former is not pre-fixed, but indefinite, at the
entitled "private secretaries" and that they time of his appointment or election, and becomes
handled "confidential Matters" even if they only fixed and determined when the appointing power
performed clerical work do not make them expresses its decision to put an end to the
officers and employees occupying highly services of the incumbent. When this event takes
confidential offices. There is nothing in the items place, the latter is not "removed" or "dismissed"
of the plaintiffs (who were clerks and secretaries) from office-- his term merely "expired." RAM.
to indicate that their respective positions are
"primarily confidential" in nature. The fact that [NOTE: The Court in this case ruled that
they handled at times "confidential matters" does the one holding in the government a primarily
not suffice to characterize their positions as confidential position is "in the Civil Service" and
primarily confidential. No officer or employee in that "officers in the unclassified as well as those
the Civil Service shall be removed or suspended in the classified service" are protected by the
except for cause as provided for by law and since provision in the organic law that "no officer shall
plaintiffs positions were protected by this be removed from office without cause as provided
provision, their removal without cause was by law". While incumbent of a primarily
therefore illegal. Adapted. confidential position holds office at the pleasure
only of the appointing power and such pleasure
Officer holding position primarily confidential in turns into displeasure, the incumbent is not
nature; Statement in De los Santos v. Mallare "removed or dismissed" but that his term,
declared as mere obiter.-- The assumption that merely expires.]
an officer holding a position w/c is primarily
confidential in nature is "subject to removal at the Cristobal v. Melchor
pleasure of the appointing power," is inaccurate. Cristobal is not guilty of laches. He
This assumption is evidently based upon a sought reconsideration of his separation from the
statement in De los Santos v. Mallare to the effect service and although he did not join in the Ingles
that "three specified classes of positions-- policy- court action, he continued to press his request for
determining, primarily confidential and highly reinstatement during the pendency of the case. In
technical-- are excluded from the merit system fact Secretary Mutuc assured him that he would
and dismissal at pleasure of officers and work for his reinstatement. The continued
employees appointed therein is allowed by the promise not only of Mutuc but of the subsequent
Consti. xxx. This was, however, a mere obiter, Secretaries led Cristobal to wait but depite
bec., the office involved in said case -- that of waiting for such a long time, his reinstatement
City Engineer of Baguio -- did not belong to any never came about. It would be the height of
of the excepted classes, and, hence, it was not inequity if after Cristobal relied and reposed his
necessary to determine whether its incumbents faith and trust on the word and promises of the
were removable or not at the pleasure of the former Exec. Secretaries, the court would rule
appointing power. What is more, said obiter, if that he had lost his right to seek relief because of
detached from the context of the decision of w/c the lapse of time.
it forms part, would be inconsistent w/ the Cristobal, just like the Plaintiffs in the
constitutional command to the effect that "no Ingles v Mutuc case, was not holding an office
officer or employee in the Civil Service shall be characterized as "highly confidential", he was
removed or suspended except for cause as performing purely clerical work although he
provided by law" and it is conceded that one handled "confidential matters" occasionally. He is
holding in the Govt a primarily confidential therefore protected in his tenure and may not be
position is "in the Civil Service." therefore removed without just cause. He is
entitled to backwages for five years although he
Meaning of "term merely expires"; Distinguished had been dismissed for nine years, applying by
from "removal" and "dismissal."-- When an analogy the award of backwages in cases of
incumbent of a primarily confidential position unfair labor practice. Adapted.
holds office at the pleasure of the appointing
power, and that pleasure turns into displeasure, (g) Right of Self-Organization
the incumbent is not "removed" or "dismissed"
from office-- his term merely "expires," in much Art. III, Sec. 8. The right of the people,
the same way as an officer, whose right thereto including those employed in the public and
ceases upon expiration of the fixed term for w/c private sectors, to form unions, associations, or
he had been appointed or elected, is not and can societies for purposes not contrary to law shall
not be deemed "removed" or "dismissed" not be abridged.
therefrom, upon the expiration of said term. The

87
Organization which took effect after the initial
Art. IX, B, Sec. 2. xxx(5) The right to self- dispute arose, the terms and conditions of
organization shall not be denied to government employment in the Govt, including any political
employees. subdivision or instrumentality thereof and govt.
owned and controlled corporations with original
Sec. 38. Coverage.-- (1) All government charters, are governed by law and employees
employees, including those in government-owned therein shall not strike for the purpose of secur-
or controlled corporations with original charters, ing changes thereof.
can form, join or assist employees' organizations The statement of the court in Alliance of
of their own choosing for the furtherance and Govt Workers v. Minister of Labor and
protection of their interests. They can also form, Employment (124 SCRA 1) is relevant as it
in conjunction with appropriate government furnishes the rationale for distinguishing bet.
authorities, labor-management committees, work workers in the private sector and govt employees
councils and other forms of workers' participation w/ regard to the right to strike?
schemes to achieve the same objectives.
(2) The provisions of this Chapter shall Since the terms and
not apply to the members of the Armed Forces of conditions of govt. employment are fixed
the Philippines, including police officers, by law, govt. workers cannot use the
policemen, firemen and jail guards. (Book V, same weapons employed by workers in
Title I, Subtitle A, Chapter 6, Administrative the private sector to secure concessions
Code of 1987.) from their employers. The principle
behind labor unionism in private industry
Alliance of Government Workers v Minister is that industrial peace cannot be secured
of Labor, through compulsion of law. Relations
The dismissal of this petition should not, bet. private employers and their
by any means, be interpreted to imply that employees rest on an essentially
workers in govt-owned or controlled corporations voluntary basis. Subject to the minimum
or in state colleges and universities may not requirements of wage laws and other
enjoy freedom of association. These workers labor and welfare legislation, the terms
whom the petitioners purport to represent have and conditions of employment in the
the right to form associations or societies for unionized private sector are settled
purposes not contrary to law. But they may not through the process of collective
join associations w/c impose the obligation to bargaining. In govt employment,
engage in concerted activities in order to get however, it is the legislature and, where
salaries, fringe benefits, and other emoluments properly given delegated power, the
higher than or different from those provided by administrative heads of govt w/c fix the
law and regulation. terms and conditions of employment.
And this is effected through statutes or
TUPAS v NHA, administrative circulars, rules, and
ISSUE: W/N employees of NHC have regulations, not through CBA's.
undoubtedly the right to form unions.
HELD: The right to unionize is now explicitly EO 180, w/c provides guidelines for the
recognized and granted to both employees in exercise of the right to organize of govt
both governmental and the private sectors. employees, while clinging to the same philosophy,
There is no impediment to the holding of a has, however, relaxed the rule to allow
certificate of election among the workers of NHC negotiation where the terms and conditions of
for it is clear that they are covered by the Labor employment involved are not among those fixed
Code, for NHC is a GOCC without an original by law.
charter. Statutory implementation of the Consti Govt employees may, therefore, through
(par 5 sec 2 art IX-B) is found in Art 244 of the their unions or associations, either petition the
Labor Code. Adapted. Congress for the betterment of the terms and
conditions of employment which are w/in the
(h) Right to strike ambit of legislation or negotiate w/ the
appropriate govt agencies for the improvement of
SSS Employees Association v CA, those w/ are not fixed by law. If there be any
Employees in the Civil Service may not unresolved grievances, the dispute may be
resort to strikes, walkouts and other temporary referred to the Public Sector Labor-Management
work stoppages, like workers in the private Council for appropriate action. RAM.
sector, in order to pressure the Govt. to accede to
their demands. As now provided under Sec. 4, ISSUE: W/N the RTC can enjoin the SSSEA from
Rule III of the Rules and Regulations to Govern striking.
the Exercise of the Right of Govt. EEs to Self- HELD: Yes. EO 180 vests the Public Sector

88
Labor-Management Council with jurisdiction over relevant facts.
unresolved labor disputes involving government
employees. Clearly, the NLRC has no jurisdiction (9) Review of the decisions of the
over the dispute. The RTC was not precluded, in CSC
the exercise of its general jurisdiction under BP
129, as amended, from assuming jurisdiction over Art. IX, A, Sec. 7. Each Commission shall decide
the SSS's complaint for damages and issuing the by a majority vote of all its Members any case or
injunctive writ prayed for therein. Unlike the matter brought before it within sixty days from
NLRC, the PSLM Council has not been granted by the date of its submission for decision or
law authority to issue writs of injunction in labor resolution. A case or matter is deemed submitted
disputes within its jurisdiction. Thus, since it is for decision or resolution upon the filing of the
the Council and the NLRC that has jurisdiction last pleading, brief, or memorandum required by
over the instant labor dispute, resort to general the rules of the Commission or by the
courts of law for the issuance of a writ of Commission itself. Unless otherwise provided by
injunction to enjoin the strike is appropriate. this Constitution or by law, any decision, order, or
Adapted. ruling of each Commission may be brought to the
Supreme Court on certiorari by the aggrieved
Manila Public School Teachers Association v. party within thirty days from receipt of a copy
Laguio thereof.
FACTS: On September 17,1990, Monday, at least
800 public school teachers proceeded to the (10) Fiscal Autonomy
national office of the DECS and aired their
grievances. The mass action continued into the Art. IX, A, Sec. 5. The Commissions shall enjoy
week despite the DECS Secretary's RETURN TO fiscal autonomy. Their approved annual
WORK order. The Secretary filed administrative appropriations shall be automatically and
charges against the protesting teachers. The regularly released.
Secretary rendered the questioned decisions in
the administrative proceeding. He dismissed Approval of appointments by the CSC
some teachers and placed others in under
suspension. Two separate petitions were filed to Barrozo v. CSC,
assail the validity of the return to work order and F: On 11/10/88, David Borja retired as City
his decisions in the administrative proceeding. Engineer of Baguio. At that time, petitioner
ISSUE: WHETHER OR NOT THE MASS ACTIONS Teodoro Barrozo was a Senior Civil Engineer of
ARE CONSIDERED AS STRIKES? DPWH assigned to the office of the City Engineer
HELD: Yes. The mass actions constituted a of Baguio and resp. V. Julian was the Asst. City
concerted and unauthorized stoppage of, or Engineer of Baguio. On 12/27/88, Mayor Labo
absence from work, which it was the teachers' extended to Barrozo a permanent appointment as
duty to perform, undertaken for essentially City Engineer of Baguio. On 2/16/89, after his
economic reasons. protest was rejected by Mayor Labo, pvt. resp.
ISSUE: WHETHER OR NOT PUBLIC SCHOOL Julian appealed to the MSPB of the CSC, claiming
TEACHERS CAN STRIKE? that as a qualified next-in-rank officer, he had a
HELD: No. Employees of the public service do not pre-emptive right over Barrozo. The CSC
have the right to strike although they have the Cordillera Admin. Region, to w/c the appeal was
right to self organization and negotiate with referred, declared Barrozo's appointment void for
appropriate government agencies for the being violative of Civil Service promotion rules.
improvement of working conditions. MFR was denied. CSC, on appeal, affirmed the
ISSUE: WHETHER OR NOT DUE PROCESS WAS decision. Adapted.
OBSERVED DURING THE ADMINISTRATIVE HELD: The CSC has no power of appointment
PROCEEDINGS? except over its own personnel. Neither does it
HELD: This court is a court of last resort. It have the authority to review the appointments
resolves questions of law where there is no made by other officers except only to ascertain if
dispute of the facts or that the facts have been the appointee possesses the required
already determined by the lower tribunals. It is qualifications. The determination of who among
not a trier of facts. It can not resolve the issue aspirants with the minimum statutory
which requires the establishment of some facts. qualifications should be preferred belongs to the
The remedy is for the petitioners to participate in appointing authority and not the CSC. It cannot
the administrative proceedings. If they lost, they disallow an appointment bec. it believes another
may appeal to the Civil Service Commission. If person is better qualified and mush less can it
pending said administrative proceedings, direct the appointment of its own choice.
immediate recourse to judicial authority was The law does not absolutely
believed necessary, recourse is with the RTC require that the person who is next in rank shall
where there would be opportunity to prove be promoted to fill a vacancy. In fact, the

89
vacancy may be filled not only by promotion but for unexpired term of predecessor.
"by transfer of present employees in the govt 3. In no case shall any member be
service, by reinstatement, by re-employment of appointed or designated in a temporary or acting
persons separated through reduction in force, or capacity.
by appointment of persons w/ the civil service 4. The choice of temporary chairman falls
eligibility appropriate to the position. What the under the COMELEC’s discretion.
Civil Service Act provides is that if a vacancy is
filled by promotion, the person holding that Nacionalista Party v. Angelo Bautista
position next-in-rank thereto "shall be considered President Quirino designated the Solicitor-General
for promotion." as Acting member of the Comelec The
Nacionalista Party filed for prohibition. The court
held that the designation was not valid. By the
II. COMMISSION ON ELECTIONS nature of the Comelec's functions, the Comelec
must be independent. Members are not allowed
to perform other functions, powers and duties to
1. Composition and Qualifications of
preserve its impartiality. The Solicitor-General's
Commissioners
duties also require an undivided time and
Composition:
attention for efficiency. Furthermore, when there
1. 1 Chairman
is a vacancy, appointment is preferred to
2. 6 Commissioners
designation. It was also held that the case is not
one for prohibition but rather, quo warranto.
Qualifications – Art. IX-C, §1
Although there is no other party who claims a
1. Natural-born citizens
right over the position occupied nor will the SG
2. At least 35 years old at the time of
file a case against himself, the court must grant
appointment
the remedy of a quo warranto proceeding
3. Holders of college degrees
because the SG's continued occupancy as
4. Not candidates for any elective position in
member of the Comelec is illegal.
the immediately preceding elections
5. Majority of the Commission, including the
Brillantes v. Yorac
Chairman must be:
Associate Commissioner Haydee Yorac was
a. Members of the Philippines Bar
appointed by Pres. Aquino as Acting Chairman of
b. Engaged in the practice of law
the Commission on Elections, in place of
for at least 10 years
Chairman Hilario Davide, who had been named
· Practice of law - any activity in or out of
chairman of the fact-finding commission to
court, which requires the application of law, legal
investigate the Dec. 1989 coup d'état attempt.
procedure, knowledge, training and experience
The appointment was not unconstitutional. Art.
(Cayetano v. Monsod)
IX-A, Section 1, of the Constitution expressly
describes all the Constitutional Commissions as
Cayetano v. Monsod
"independent". Although essentially executive in
The practice of law is not limited to the conduct of
nature, they are not under the control of the
cases or litigation in court. It embraces the
President of the Philippines in the discharge of
preparation of pleadings and other papers
their respective functions. Each of these
incident to actions and special proceedings, the
Commissions conducts its own proceedings under
management of such actions and proceedings on
the applicable laws and its own rules and in the
behalf of clients, and other works where the work
exercise of its own discretion. Its decisions,
done involves the determination of the trained
orders and rulings are subject only to review on
legal mind of the legal effect of facts and
certiorari by the SC as provided by the
conditions. Monsod, who passed the bar in 1960,
Constitution in Art. IX-A, Section 7. The choice
worked with the World Bank Group from 1963-
of a temporary chairman in the absence of the
1970, then worked for an investment bank till
regular chairman comes under that discretion.
1986, became member of the CONCOM in 1986,
That discretion cannot be exercised for it, even
and also became a member of the Davide
with its consent, by the President of the
Commission in 1990, can be considered to have
Philippines.
been engaged in the practice of law as lawyer-
economist, lawyer-manager, lawyer-
NP v. Vera
entrepreneur, etc
Nacionalista Party brought an action against De
Vera on the ground that his appointment as
2. Appointment and term of office of
Chairman of the COMELEC is a violation of the
Commissioners. Rule against reappointment
Constitution particularly Art. X, Sec. 1 of the 1935
Term: 7 years without reappointment
Constitution which provides that the members of
1. Appointed by the President with consent
the COMELEC shall hold office for nine years
of the CA
without reappointment. The court held that the
2. Appointment to any vacancy shall only be

90
prohibition against reappointment comes as a
continuation of the requirement that the
Commission shall hold office for a term of nine 3. Appointment of personnel
years. Reappointment is not prohibited provided ART IX A, Section 4
his term will not exceed nine years in all. In this The Constitutional Commissions shall appoint
case, de Vera's appointment was by virtue of the their officials and employees in accordance with
death of the Chairman, he was promoted to law.
occupy the chairmanship of the Commission for
the unexpired term only. Thus, this is not 4. Salary
offensive to the Constitution because it does not Art. IX, A, Sec. 3. The salary of the Chairman
increase de Vera's term of office to more than and the Commissioners shall be fixed by law and
nine years nor does it preclude the appointment shall not be decreased during their tenure.
of a new member upon the expiration of the first
term of three years. Art. XVIII, Sec. 17. Until the Congress provides
otherwise x x x the Chairmen of the
Republic v. Imperial Constitutional Commissions (shall receive), two
This is a quo warranto proceeding to test the hundred four thousand pesos each; and the
legality of the continuance in office of Imperial as Members of the Constitutional Commissions, one
Chairman and Perez as member of COMELEC. hundred eighty thousand pesos each.
When Chairman de Vera died in August 1951,
before the expiration of the maximum term of The salary can be increased and the increase can
nine years of the Chairman of the Commission, take effect at once, since, like the Judiciary, the
Imperial was appointed Chairman to succeed de Constitutional Commissions have not part in the
Vera. His appointment provided for a term passage of such a law.
expiring July 12, 1960. The SG contended that
the term for which he will legally serve as 5. Disqualifications
Chairman legally expired on July 12, 1954, the
expiration of the 9 year term for which the first No members of a Constitutional Commission shall
Chairman was appointed. during his "tenure" : (IX, V, 2)
Comelec member Perez on the other
hand, was appointed for a term of 9 years a. Hold any other office or employment.
expiring on 24 November 1958. The SG This is similar to the prohibition against
contended that his term legally expired on July executive officers. It applies to both public and
12, 1951, the expiration of the term of 6 years for private offices and employment.
which Commissioner Enage, his predecessor was b. Engage in the practice of any profession.
appointed. c. Engage in the active management or control of
Held: The terms cannot begin from the first any business which in any way may be affected
appointments made in July 12, 1945 but from the by the functions of his office.
date of the organization of the COMELEC under d. Be financially interested, directly or indirectly,
CA 657 on June 21, 1941. Thus, the term of in any contract with, or in any franchise or
office of the first Chairman, Lopez Vito began on privilege granted by, the Government, its
June 21, 1941 and ended June 20, 1950. That of subdivisions, agencies or instrumentalities,
member Enage began on June 21, 1941 to June including GOCCs or their subsidiaries.
20, 1944 (but this was not filled). Since
the first 3 year term had already expired in 1944, 6. Impeachment
the appointment of De Vera on June 12, 1945 Art. XI, Sec. 2. The members of the
must be for the full term of nine years (June 1944 Constitutional Commissions may be removed
to June 1953). The first vacancy occurred by the from office, on impeachment for, and conviction
expiration of the term of Enage. His successor, of, culpable violation of the Constitution, treason,
Perez, was named for a full 9 year term which bribery, graft and corruption and other high
shall have started on June 1947 to June 1956. crimes, or betrayal of public trust.
The second vacancy happened upon the
death of Lopez Vito on May 1947. To succeed 7. Powers and Functions of the COMELEC
him, de Vera appointed and lasted only up to a. Enforce election laws
June 1950, the unexpired period of Lopez Vito's Recommend to the Congress effective measures
term. Thus, on June 1950, a vacancy occurred to minimize election spending, including limitation
which De Vera could no longer fill because his of places where propaganda materials shall be
appointment was expressly prohibited by the posted, and to prevent and penalize all forms of
Constitution. Thus, the next Chairman was election frauds, offenses, malpractices, and
respondent Imperial whose term of 9 years must nuisance candidacies.
be deemed to have began on June 21, 1990 to
expire on June 20, 1959.

91
Sanchez v. Comelec The right to vote may be challenged in

Sanchez, the losing mayoralty candidate, filed the MTC by:
with the Comelec a petition to nullify the said
elections due to large scale terrorism, which took a) a proceeding challenging the right of a
place after the people had cast their votes. The voter to be registered;
Comelec, after hearing, issued the resolution b) an action instituted by a voter for
which ordered the nullification of the elections reinstatement;
and the certification of the failure of elections. c) proceeding filed by an individual to
The court held that the Comelec has the power to exclude any voter whose name appears in the list
nullify the elections on such ground. The Comelec of voters.
is now the sole judge of all contests relating to
the elections, returns and qualifications of all There are dates which the law allots for
members of the Batasang Pambansa, elective the registration of voters. Any person, under
provincial and city officials. In line with its duty to 136, during this period may challenge the
protect and preserve the integrity of the registration of voters on the grounds of the
elections, the Comelec must be deemed qualifications and disqualifications in the exercise
possessed of the authority to annul elections of the right of suffrage.
where the will of the voters has been defeated
and the purity of elections sullied. The fact that Qualifications (Articles 5, 117)
the failure of elections was due to terrorism after a) Filipino citizen
the votes were cast is not material. b) 18 years old
It was also held in this case that the Comelec, c) Resident of the Phils., for one year and of the
being the sole judge of elections, returns and municipality where he proposes to vote for 6
qualifications, has the power to call special months.
elections. During the time the Comelec was not
the sole judge, the president, upon certification to Disqualifications (Art. 118)
him by the Comelec of a failure of elections, had
the power to call special elections. The Comelec a) Those convicted by final judgment and have
has the duty to take necessary steps to complete been sentenced to imprisonment for at least one
the elections, that is, to see to it that the real year and such disqualifications has not been
winners are proclaimed. But when the winners removed by absolute pardon or amnesty. This
cannot be determined from the elections, which disqualification lasts for 5 years unless restored
was marred by massive and pervasive terrorism, by absolute pardon or amnesty. (Cristobal v
the Comelec must call for a special election in Labrador)
order to proclaim the real winners. b) Those convicted of crimes involving the
national security, or disloyalty to the government,
b. Decide administrative questions rebellion, sedition, subversion, etc.
pertaining to election except the right to c) Insanity or incompetency
vote
Power to decide, except those involving the right Inclusion Proceedings
to vote, all questions affecting elections, including
determination of the number and location of If the Board of Registration cancels the
polling places, appointment of election officials name of a voter, he can file in the MTC a petition
and inspectors, and registration of voters. for an order to include his name in the list of
-Questions involving the right to vote fall within voters or to reinstate him. Action must be filed
the jurisdiction of the ordinary courts. within 20 days form the last day of registration.
Appeal can be made to the RTC within 5 days,
c. Petition for inclusion or exclusion of voter and the decision shall be final and unappealable
Art. IX, C, Sec. 2. xxx and no motion for reconsideration shall be
(6) File, upon a verified complaint, or on allowed.
its own initiative, petitions in court for inclusion or
exclusion of voters; investigate and, where Exclusion Proceedings (Articles 138, 139, 142)
appropriate, prosecute cases of violations of
election laws, including acts or omissions A petition for exclusion must be filed with
constituting election frauds, offenses and the MTC within 20 days from the last day of
malpractices. registration.
d, Prosecute election law violators

Omnibus Election Code 1. COMELEC has exclusive jurisdiction to
investigate and prosecute cases for violations of
Right to Vote election laws.

92
2. COMELEC can deputize prosecutors for this
purpose. The actions of the prosecutors are the People v. Basilia
actions of the COMELEC. Although the Comelec is granted the exclusive
authority to conduct preliminary investigation and
BP 881 sec. 265 Prosecution.-- The Commission prosecute election offenses, it is also authorized
shall, through its duly authorized legal officers, by the Omnibus Election Code to avail itself of the
have the exclusive power to conduct preliminary assistance of other prosecuting arms of
investigation of all election offenses punishable government. To ensure credible elections, the
under this Code, and to prosecute the same. The Comelec may deputize law enforcement agencies
Commission may avail of the assistance of other and instrumentalities, whether before or after
prosecuting arms of the government: Provided, elections. Pursuant to such authority granted by
however, That in the event that the Commission law, the Comelec issued Resolution no 1862
fails to act on any complaint within four months providing that fiscals may conduct preliminary
from his filing the complaint, he may file the investigations and prosecute election offenses.
complaint with the office of the fiscal or with the
Ministry of Justice for proper investigation and People v. Inting
prosecution, if warranted. The 1987 Constitution mandates the COMELEC
not only to investigate but also to prosecute cases
EO 134, Sec. 11, February 27, 1987 of violation of election laws. This means that the
Prosecution.-- The Commission shall, through its COMELEC is empowered to conduct preliminary
duly authorized legal officers, have exclusive investigations in cases involving election offenses
power to conduct preliminary investigation of all for the purpose of helping the judge determine
election offenses punishable as provided for in the probable cause and for filing an information in
preceding section, and to prosecute the same: court. This power is exclusive with the COMELEC.
Provided, That in the event that the Commission The Prov'l Fiscal assumes no role in the
fails to act on any complaint within two (2) prosecution of election offenses. If the Fiscal files
months from filing, the complainant may file the an information charging an election offense or
complaint with the Office of the Fiscal or with the prosecutes a violation of election law, it is
Department of Justice for proper investigations because he has been deputized by the COMELEC.
and prosecution, if warranted. He does not do so under the sole authority of his
The Commission may avail of the office. It is only after a preliminary
assistance of other prosecuting arms of the examination conducted by the COMELEC through
government. its officials or its deputies that Sec. 2, Art. III of
the 1987 Constitution comes in. This is so,
De Jesus v. People because, when the application for a warrant of
A government official (COMELEC Registrar) who arrest is made and the information is filed with
violated the election law ( tampering with returns the court, the judge will then determine whether
to make it appear that there were more or not a probable cause exists for the issuance of
registered voters) must be prosecuted by the a warrant of arrest.
COMELEC, before the RTC, not the
Sandiganbayan. The 1978 Election Code is clear People v. Delgado
that the COMELEC shall have the power to The Comelec has the following functions: (1)
conduct preliminary investigations of all election enforcement of election laws; (2) decision of election
offenses, and that the RTC has exclusive original contests; (3) decision of administrative questions;
jurisdiction to try and decide such cases. It is not (4) deputizing law enforcement agencies; (5)
the character or personality of the offender registration of political parties; and (6) improvement
(public official) but the crime committed (violation of elections. What are reviewable on certiorari by the
SC are those orders, decisions, etc., rendered in
of election law) that determines jurisdiction. This
actions or proceedings before the Comelec in the
provision of the 1978 Election Code has been
exercise of its adjudicatory or quasi-judicial powers.
integrated in the 1987 Constitution.
Thus decisions of the Comelec on election contests or
on administrative questions are subject to judicial
Corpus v. Tanodbayan review only by the SC. In this case, no Comelec
There is no constitutional provision granting the adjudicatory power is exercised. As a public
Tanodbayan, either explicitly or implicitly, prosecutor, the Comelec has the exclusive authority
authority to prosecute, investigate and hear to conduct preliminary investigation and prosecute
election offenses. Instead the constitution granted offenses punishable under the election code before
such power exclusively to the Comelec in order to the competent court. But when the Comelec files the
insure a free, orderly and honest elections. It is information, the subsequent disposition of the case is
the nature of the offense that determines the subject to the court's approval. The Comelec can't
exclusive jurisdiction of the Comelec regardless of conduct reinvestigation unless so ordered by that
who the offender is, whether a private individual court nor refuse its order of reinvestigation.
or a public officer.

93
e. Recommend pardon, amnesty, parole or
suspension of sentence of election law Art. IX, C, Sec. 8. Political parties, or
violators organizations or coalitions registered under the
Art. IX, C, Sec. 5. No pardon, amnesty, parole, party-list systems, shall not be presented in the
or suspension of sentence for violation of election voters' registration boards, boards of election
laws, rules, and regulations shall be granted by inspectors, boards of canvassers, or other similar
the President without the favorable bodies. However, they shall be entitled to
recommendation of the Commission. appoint poll watchers in accordance with law.
Art. VI, Sec. 5. xxx

f. Deputize law enforcement agents and (2) The party-list representatives shall
recommend their removal constitute twenty per centum of the total number
Power to deputize, with the concurrence of the of representatives including those under the party
President, law enforcement agencies and list. For three consecutive terms after the
instrumentalities of the Government, including ratification of this Constitution, one-half of the
the Armed Forces of the Philippines, for the seats allocated to the party-list representatives
exclusive purpose of ensuring free, orderly, shall be filled, as provided bylaw, by selection or
honest, peaceful, and credible elections. election from labor, peasant, urban poor,
1. Not limited to the election period indigenous cultural communities, women, youth,
2. Applies to both criminal and administrative and such other sectors as may be provided by
cases law, except the religious sector.
Recommend to the President the removal of any
officer or employee it has deputized, or the
imposition of any other disciplinary action, for Art. XVIII, Sec. 7. Until a law is passed,
violation or disregard or, or disobedience to its the President may fill by appointment from a list
directive, order, or decision. of nominees by the respective sectors the seats
reserved for sectoral representation in paragraph
g. Registration of political parties, 2, Section 5 of Article VI of the Constitution.
organizations and coalitions and
accreditation of citizens’ arms
1. The political parties etc. must present h. Regulation of public utilities and media of
their platform or program of government. information
2. There should be sufficient publication. Art. IX, C, Sec. 4. The Commission may, during
3. Groups which cannot be registered: the election period, supervise or regulate the
i. Religious denominations/sects enjoyment of utilization of all franchises or
Political parties with religious affiliation or permits for the operation or transportation and
which derive their principles from religious beliefs other public utilities, media of communication or
are registerable. information, all grants, special privileges, or
ii. Groups which seek to achieve their goals concessions granted by the Government or any
through violence or unlawful means subdivision, agency, or instrumentality thereof,
iii. Groups which refuse to uphold and including any government-owned or controlled
adhere to the Constitution corporation or its subsidiary. Such supervision or
iv. Groups which are supported by any regulation shall aim to ensure equal opportunity,
foreign government. time, and space, and the right to reply, including
reasonable, equal rates therefor, for public
Financial contributions from foreign governments information campaigns and forums among
and their agencies to political parties, candidates in connection with the objective of
organizations, coalitions, or candidates related to holding free, orderly, honest, peaceful, and
elections constitute interference in national credible elections.
affairs. If accepted, it is an additional ground for
the cancellation of their registration with the Such supervision or regulation shall aim to ensure
Commission, in addition to other penalties that (i) equal opportunity, time and space, (ii) the
may be prescribed by law. right to reply, including reasonable equal rates
therefor, for public information campaigns and
Registration under the party list system from among candidates, in connection with the
Art. IX, C, Sec. 7. No votes cast in favor of a object of holding free, orderly, honest, peaceful
political party, organization, or coalition shall be and credible elections.
valid, except for those registered under the party-
list system as provided in this Constitution. Regulation of Franchises:
Regulation of Franchises:
1. What can COMELEC supervise or regulate

94
a. The enjoyment or utilization of all franchises c. Contempt powers
or permits for the operation of transportation and 1. COMELEC can exercise this power only in
other public utilities, media of communication or relation to its adjudicatory or quasi-
information. judicial functions. It cannot exercise this
b. Grants, special privileges or concessions in connection with its purely executive or
granted by the Government or any subdivision, ministerial functions.
agency or instrumentality thereof, including any 2. Its jurisdiction over pre-proclamation
GOCC or its subsidiary controversies is in exercise of its quasi-
2. When can COMELEC exercise this power judicial/administrative powers.
a. During the election period 3. Its jurisdiction over ‘contests’ (after
i. Election period commences 90 days proclamation) is in exercise of its judicial
before the day of the election and ends 30 days functions.
thereafter.
ii. In special cases, COMELEC can fix a d. The COMELEC may issue writs of certiorari,
period. prohibition and mandamus in exercise of
b. Applies not just to elections but also to its appellate jurisdiction. This is not an
plebiscites and referenda. inherent power.
§ Plebiscite - submission of constitutional
amendments or important legislative measures to RA 7166, Sec. 22
the people ratification
§ Referendum - power of the electorate to Sec. 22. Election Contests for Municipal
approve or reject legislation through an election Offices.-- All election contests involving municipal
called for that purpose. offices with the Regional Trial Court shall be
decided expeditiously. The decision may be
National Press Club v. Comelec appealed to the Commission within five (5) days
The Comelec has been expressly authorized by from promulgation or receipt of a copy thereof by
the Constitution to supervise or regulate the the aggrieved party. The Commission shall
enjoyment or utilization of the franchises or decide the appeal within sixty (60) days after it is
permits for the operation of media of submitted for decision, but not later than six (6)
communication and information. The fundamental months after the filing of the appeal, which
purposes of such power are to ensure "equal decision shall be final, unappealable, and
opportunity, time, and space, and the right to executory.
reply," as well as uniform and reasonable rates of
charges for the use of such media facilities, in
connection with "public information campaigns Municipal - original with the RTC; appeal to the
and forums among candidates." However, the law COMELEC
limits the right of free speech and of access to Barangay - original with inferior court; appeal to
mass media of the candidates themselves. The COMELEC
limitation however, bears a clear and reasonable
connection with the objective set out in the Javier v. Comelec
Constitution. For it is precisely in the unlimited Under the 1973 Constitution, even Pre-
purchase of print space and radio and television Proclamation Controversies Involving Members of
time that the resources of the financially affluent the Batasang Pambansa must be Decided by the
candidates are likely to make a crucial difference. COMELEC en banc.
Some definitions discussed in the case:
i. Decide election cases
a. Exclusive original jurisdiction over all contests
Contests.-- The word "contests" should not be
relating to the elections, returns, and
given a restrictive meaning; on the contrary, it
qualifications of all elective:
should receive the widest possible scope
i. Regional
conformably to the rule that the words used in
ii. Provincial
the Consti. should be interpreted liberally. As
iii. City officials
employed in the 1973 Consti., the term should be
b. Appellate jurisdiction over all contests
understood as referring to any matter involving
involving:
the title or claim of title to an elective office,
i. Elective municipal officials decided by
made bef. or after proclamation of the winner,
trial courts of general jurisdiction
whether or not the contestant is claiming the
ii. Elective barangay officials decided by trial
office in dispute.
courts of limited jurisdiction.
Decisions, final orders, or rulings
Elections, returns and qualifications.-- The
of the Commission on election contests
phrase "elections, returns and qualifications"
involving elective municipal and barangay
should be interpreted in its totality as referring to
offices shall be final, executory, and not
all matters affecting the validity of the contestee's
appealable.

95
title. But if it is necessary to specify, we can say pending appeal. For one, it is essentially a judicial
that election refers to the conduct of the polls, prerogative. For another, it is a pronouncement of
including the listing of voters, holding of electoral the COMELEC alone in its procedural rules, w/o
campaign, and casting and counting of votes. benefit of statute, unlike in the past. There is
"returns" to the canvass of the returns and the no express provision of law, therefore,
proclamation of the winners, including questions disauthorizing executions pending appeal, and the
concerning the composition of the board of COMELEC, in its procedural rules alone, should
canvassers and the authenticity of the election not be allowed to divest RTCs of that authority. It
returns; and "qualifications" to matters that could deprives the prevailing party of a substantive
be raised in a quo warranto proceeding against right to move for such relief contrary to the
the proclaimed winner, such as his disloyalty, or constitutional mandate that those Rules cannot
ineligibility, or the inadequacy of his certificate of diminish nor modify substantive rights.
candidacy.
Veloria v. Comelec
Pimentel v. Comelec COMELEC has not been given, by the Constitution
Comelec has no jurisdiction over petitions for nor by law, jurisdiction to issue writs of certiorari,
certiorari, prohibition and mandamus (questioning prohibition and mandamus. What the Constitution
an interlocutory order issued by the CFI) involving granted the COMELEC was appellate jurisdiction.
election cases filed w/ the CFI. Jurisdiction is The Constitution makes no mention of any power
conferred only by the Constitution or the law. given the COMELEC to exercise original
Thus, it cannot be conferred by the Rules of Court jurisdiction over petitions for Certiorari,
w/c are neither constitutional provisions nor Prohibition and Mandamus. The immutable
legislative enactments but mere procedural rules doctrine being that jurisdiction is fixed by law, the
promulgated by the SC in the exercise of its power to issue such writs cannot be implied from
power to prescribe "rules concerning pleading, the mere existence of appellate jurisdiction xxx."
practice and procedures in all courts." Sec. 4, (Garcia v. de Jesus). In view of such
Rule 65 of the ROC, cannot be construed as a pronouncement, an original special civil action of
grant of jurisdiction to the Court of Appeals over certiorari, prohibition or mandamus against a RTC
petitions for certiorari, prohibition or mandamus in an election contest may be filed in the Court of
involving cases appealable to it. Much less can Appeals or in the SC being the only courts given
such provision be interpreted, by analogy, as a such original jurisdiction under the Constitution
grant to the COMELEC of jurisdiction over and the law.
petitions for certiorari, prohibition or mandamus
involving election cases cognizable by the CFI and
appealable to said Commission. While it is true j. Rule Making
that the CA has jurisdiction over petitions for Art. IX, A, Sec. 6. Each Commission en banc may
certiorari, prohibition or mandamus involving promulgate its own rules concerning pleadings
cases appealable to it, the grant of jurisdiction is and practice before it or before any of its offices.
not by virtue of the ROC, but by express Such rules however shall not diminish, increase or
legislative fiat, namely, Sec. 30 of the Judiciary modify substantive rights.
Act. No such legislative grant of jurisdiction exists
in the case of the COMELEC.
Art. IX, C, Sec. 3. The Commission on Elections
Garcia v. de Jesus may sit en banc or in two divisions, and shall
In the absence of any specific conferment upon promulgate its rules of procedures in order to
the COMELEC, either by the Constitution or by expedite disposition of election cases, including
legislative fiat, the COMELEC is bereft of pre-proclamation controversies. All such election
jurisdiction to issue Writs of Certiorari, Prohibition cases shall be heard and decided in division,
and Mandamus in electoral contests. What the provided that motions for reconsideration of
Constitution granted the COMELEC was appellate decisions shall be decided by the Commission en
jurisdiction. The Constitution makes no mention banc.
of any power given the COMELEC to exercise
original jurisdiction over Petitions for Certiorari, It has the power to promulgate its own rules of
Prohibition and Mandamus unlike in the case of procedure in order to expedite disposition of
the SC which was specifically conferred such election cases, including pre-election
authority. The immutable doctrine being that controversies.
jurisdiction is fixed by law, the power to issue
such Writs can not implied from the mere k. Other functions
existence of appellate jurisdiction. Art. IX, A, Sec. 8. Each Commission shall
perform such other functions as may be provided
The COMELEC is bereft of authority to deprive by law.
RTCs of the competence to order execution

96
a lawyer of the Commission, as chairman, and a
l. Act as National Board of Canvassers for ranking fiscal in the district, as vice-chairman,
senators and the most district school supervisor in the
EO 144, Sec. 2, March 2, 1987 district, as member, to be appointed by the
Commission upon consultation with the
Sec. 2. Board of Canvassers.-- The Department of Justice and the Department of
Chairman and Members of the Commission on Education, Culture and Sports respectively.
Elections sitting en banc shall be the National This board shall canvass election returns
Board of Canvassers for the election of Senators. coming from the polling places within the
It shall canvass all certificates of canvass coming jurisdiction of the district and shall proclaim as
from and prepared by the district, provincial, and elected the candidate for the House of
city boards of canvassers (of those cities which Representatives who obtained the highest number
comprise one or more legislative districts.) of votes in the legislative district.
Furthermore, there shall be a board of With respect to the election for senators,
canvassers for each province, city, municipality the same procedure shall be followed by this
and district of Metropolitan Manila, as follows: board as that observed by the city board of
(a) Provincial board of canvassers.-- canvassers for cities comprising one or more
The provincial board of canvassers shall be legislative districts.
composed of the provincial election supervisor or (d) City/ Municipal Board of
a senior lawyer in the regional office of the Canvassers.-- The city (for cities not comprising
Commission, as chairman, the provincial fiscal, as at least one legislative district) or municipal board
vice-chairman, and the provincial superintendent of canvassers shall be composed of the city/
of schools, as members. municipal election registrar, as chairman, the city
This board shall canvass certificates of fiscal/ municipal treasurer, as the case may be,
canvass from the municipalities and the cities as vice-chairman, and the city superintendent/
which do not comprise at least one legislative district supervisor or in his absence any public
district. It shall proclaim as elected the school principal, as the case may be, as member.
candidates for the House of Representatives who The board shall canvass election returns
obtained the highest number of votes in the coming from the polling places within its
respective legislative districts. jurisdiction, but shall not proclaim any winner in
With respect to the election of senators, the election for Members of the House of
the provincial board of canvassers shall prepare in Representatives or for Senators.
duplicate a certificate of canvass supported by a This board shall prepare in triplicate a
statement of votes received by each candidate in certificate of canvass supported by a statement of
each municipality/ city, and transmit the first votes received by each candidate in each polling
copy thereof to the Commission on Elections for place, and transmit the first copy thereof to the
canvassing. The second copy shall be kept by the provincial board of canvassers for canvassing.
provincial election supervisor. The second copy shall be transmitted to the
(b) City Boards of Canvassers for cities Commission for record purposes and the third
comprising one or more legislative districts.-- copy shall be kept by the city/ municipal election
The city board of canvassers for cities comprising registrar.
one or more legislative districts shall be
composed of the city election registrar or lawyer
of the Commission, as chairman, the city fiscal,
as vice-chairman, and the city superintendent of 9. Review of COMELEC decisions, orders and
schools as member. resolutions
This board shall canvass election returns Art. IX, C, Sec. 2. xxx
coming from the polling places within the (2) Exercise exclusive original jurisdiction over all
jurisdiction of the city, and shall proclaim as contests relating to the elections, returns, and
elected the candidate or candidates for the House qualifications of all elective regional, provincial,
of Representatives who obtained the highest and city officials, and appellate jurisdiction over
number of votes in the legislative district or all contests involving elective municipal officials
respective legislative districts. decided by trial courts of general jurisdiction, or
With respect to the election of senators, involving elective barangay officials decided by
this board shall prepare in duplicate certificate of courts of limited jurisdiction.
canvass supported by a statement of votes Decisions, final orders, or rulings of the
received by each candidate in each polling place Commission on election contests involving
and transmit the first copy to the Commission on elective municipal and barangay offices shall be
Elections for canvassing. The second copy shall final, executory, and not appealable.
be kept by the city election registrar.
(c) District Board of Canvassers.-- The Art. IX, A, Sec. 7. Each Commission shall decide
district board of canvassers shall be composed of by a majority of all its Members any case or

97
matter brought before it within sixty days from Philippine Bar who have been engaged in the
the date of its submission for decision or practice of law for at least ten years, and must
resolution. A case or matter is deemed submitted not have been candidates for any elective position
for decision or resolution upon the filing of the in the elections immediately preceding their
last pleading, brief or memorandum required by appointment. At no time shall all Members of the
the rules of the Commission or by the Commission belong to the same profession.
Commission itself. Unless otherwise provided by
this Constitution or by law, any decision, order, or  Composition:
ruling of each Commission may be brought to the 1. 1 Chairman
Supreme Court on certiorari by the aggrieved 2. 2 Commissioners
party within thirty days from receipt of a copy  Qualifications:
thereof. 1. Natural-born citizens
2. At least 35 years old at the time of
Flores v. Comelec their appointment
Sec. 9 of RA 6679 (locgov code) insofar as it pro- 3. Either:
vides that the decision of the municipal or a. CPA’s with at least 10 years
metropolitan court in a barangay case should be auditing experience
appealed to the RTC was declared b. Members of the Philippine
unconstitutional. The court considered the Bar with 10 years of practice
petitioner’s appeal to the RTC as an appeal made Members cannot all
to the Comelec since at that time, the law was belong to the same
presumed to be valid. Decisions of the COMELEC profession.
on election contests involving municipal & 4. Must not have been candidates for
barangay officer shall be final & unappealable any elective position in the elections
with respect to questions of fact & not of law. Art immediately preceding their
IX-6 Sec 2(2) of the Consti was not intended to appointment.
divert the SC of its authority to resolve questions
of law as inherent in the judicial power conferred
upon it by the Consti. 2. Appointment and Term of commissioners
Galido v. Comelec Art. IX, D, sec. 1(2): The Chairman and the
The fact that decisions, final orders or rulings of Commissioners shall be appointed by the
the COMELEC in contests involving executory & President with the consent of the Commission on
not appealable does not preclude a recourse to Appointments for a term of seven years without
the SC by way of a special civil action of reappointment. Of those first appointed, the
certiorari. (however, in this case, the SC held that Chairman shall hold office for seven years, one
COMELEC committed NO grave abuse of Commissioner for five years, and the other
discretion in rendering the questioned decision.). Commissioner for three years, without
reappointment. Appointment to any vacancy shall
Rivera v. Comelec be only for the unexpired portion of the term of
Same ruling as case above. the predecessor. In no case shall any Member be
appointed or designated in a temporary or acting
capacity.
10. Fiscal Autonomy
Art. IX, A, Sec. 5. The Commission shall enjoy Term: 7 years without reappointment
fiscal autonomy. Their approved annual  Appointed by the President with
appropriations shall be automatically and consent of the CA
regularly released.  Appointment to any vacancy shall
only be for unexpired term of
III. COMMISSION ON AUDIT predecessor.
 In no case shall any member be
appointed or designated in a
temporary or acting capacity.
1. Composition and Qualifications—
Art. IX-D, §1(1): There shall be a Commission

3. Appointment of COA personnel
on Audit composed of a Chairman and two
Commissioners, who shall be natural-born citizens
Art. IX, A, sec. 4: The Constitutional
of the Philippines and, at the time of their
Commissions shall appoint their officials and
appointment, at least thirty-five years of age,
employees in
Certified Public Accountants with not less than ten
accordance with law.
years of auditing experience, or members of the

98
commissions and offices that have been granted
fiscal autonomy under this Constitution; (b)
4. Salary autonomous state colleges and universities; (c)
other government-owned or controlled
Art. IX, A, sec. 3:The salary of the Chairman corporations and their subsidiaries; and (d) such
and the Commissioners shall be fixed by law and non-governmental entities receiving subsidy or
shall not be decreased during their tenure. equity, directly or indirectly, from or through the
Government, which are required by law or the
Art. XVIII, sec. 17:Until the Congress provides granting institution to submit to such audit as a
otherwise, the President shall receive an annual condition of subsidy or equity. However, where
salary of three hundred thousand pesos; the Vice- the internal control system of the audited
President, the President of the Senate, the agencies is inadequate, the Commission may
Speaker of the House of Representatives, and the adopt such measures, including temporary or
Chief Justice of the Supreme Court, two hundred special pre-audit, as are necessary and
forty thousand pesos each; the Senators, the appropriate to correct the deficiencies. It shall
Members of the House of Representatives, the keep the general accounts of the Government
Associate Justices of the Supreme Court, and the and, for such period as may be provided by law,
Chairmen of the Constitutional Commissions, two preserve the vouchers and other supporting
hundred four thousand pesos each; and the papers pertaining thereto.
Members of the Constitutional Commissions, one (2) The Commission shall have exclusive
hundred eighty thousand pesos each. authority, subject to the limitations in this Article,
to define the scope of its audit and examination,
establish the techniques and methods required
5. Disqualifications therefor, and promulgate accounting and auditing
rules and regulations, including those for the
Art. XI, sec. 2: The President, the Vice- prevention and disallowance of irregular,
President, the Members of the Supreme Court, unnecessary, excessive, extravagant, or
the Members of the Constitutional Commissions, unconscionable expenditures or uses of
and the Ombudsman may be removed from office government funds and properties.
on impeachment for, and conviction of, culpable
Art. IX-D, sec. 3: No law shall be passed
violation of the Constitution, treason, bribery,
exempting any entity of the Government or its
graft and corruption, other high crimes, or
subsidiaries in any guise whatever, or any
betrayal of public trust. All other public officers
investment of public funds, from the jurisdiction
and employees may be removed from office as
of the Commission on Audit.
Art. VI, sec. 20: The records and books of
6. Impeachment
accounts of the Congress shall be preserved and
be open to the public in accordance with law, and
Art. XI, sec. 2: The President, the Vice-
such books shall be audited by the Commission
President, the Members of the Supreme Court,
on Audit which shall publish annually an itemized
the Members of the Constitutional Commissions,
list of amounts paid to and expenses incurred for
and the Ombudsman may be removed from office
each Member.
on impeachment for, and conviction of, culpable
violation of the Constitution, treason, bribery,
1. Examine, audit, and settle accounts
graft and corruption, other high crimes, or
pertaining to:
betrayal of public trust. All other public officers
A. Revenue and receipts of funds or
and employees may be removed from office as
property
B. Expenditures and uses of funds or
property
7. Powers and Functions
Owned or held in trust by, or pertain to:
A. The Government
Art. IX-D, §2:(1) The Commission on Audit shall
B. Any of its subdivisions, agencies
have the power, authority, and duty to examine,
or instrumentalities
audit, and settle all accounts pertaining to the
C. Including GOCC’s with original
revenue and receipts of, and expenditures or uses
charters
of funds and property, owned or held in trust by,
2. Conduct post-audit with respect to the
or pertaining to, the Government, or any of its
following:
subdivisions, agencies, or instrumentalities,
A. Constitutional bodies, commissions,
including government-owned or controlled
and offices granted fiscal autonomy
corporations with original charters, and on a post-
B. Autonomous state colleges and
audit basis: (a) constitutional bodies,
universities

99
C. GOCC’s and their subsidiaries entity of the Government or its subsidiary
incorporated under the Corporation in any guise whatever, or any investment
Code of public funds, from the jurisdiction of
D. Non-governmental entities receiving the Commission on Audit.
subsidies or equity, directly or
indirectly, from or through the
government, which are required by 8. Rule-making
law of the granting of institution to
submit to such audit Art. IX, A, sec. 6:Each Commission en banc
3. If COA finds internal control system of may promulgate its own rules concerning
audited agencies as inadequate, COA may pleadings and practice before it or before any of
adopt measures, including temporary or its offices. Such rules, however, shall not
special pre-audit, as may be necessary. diminish, increase, or modify substantive rights.
4. Keep the general accounts of the
government, preserving vouchers and other
supporting papers pertaining thereto. 9. Other Functions
5. Exclusive authority to define the scope of
COA’s audit and examination and to establish Art. IX, A, sec. 8:Each Commission shall
the techniques and methods required perform such other functions as may be provided
therefor. by law.
6. Promulgate accounting and auditing rules and
regulations.
 Including those for the prevention or 10. Review of Decisions of COA
disallowance of irregular,
unnecessary, excessive, extravagant, Art. IX, A, sec. 7: Each Commission shall
or unconscionable expenditures or decide by a majority vote of all its Members, any
uses of government funds and case or matter brought before it within sixty days
properties. from the date of its submission for decision or
 Corollaries: resolution. A case or matter is deemed submitted
 COA can settle only liquidated accounts for decision or resolution upon the filing of the
or those accounts which may be adjusted last pleading, brief, or memorandum required by
simply by arithmetic process. the rules of the Commission or by the
 Where the following requirements are Commission itself. Unless otherwise provided by
complied with, it becomes the ministerial this Constitution or by law, any decision, order, or
duty of the COA to approve and pass in ruling of each Commission may be brought to the
audit vouchers for payment: Supreme Court on certiorari by the aggrieved
1. There is a law appropriating party within thirty days from receipt of a copy
funds for a particular purpose. thereof.
2. There is a contract, made by the
proper officer, entered into in 11. Fiscal Autonomy
conformity with the above-
mentioned law. Art. IX, A, sec. 5:The Commission shall enjoy
3. The goods or services covered by fiscal autonomy. Their approved annual
such contract have been appropriations shall be automatically and
delivered or rendered in regularly released.
pursuance to such contract, as
attested by the proper officer. 12. Prohibition Against Exemption from
4. Payment has been authorized by Jurisdiction
officials of the corresponding 13.
department or bureau. Art. IX-D, §3:No law shall be passed exempting
 Prosecutors may still review accounts any entity of the Government or its subsidiaries in
already settled and approved by COA for any guise whatever, or any investment of public
the purpose of determining possible funds, from the jurisdiction of the Commission
criminal liability. This is because COA’s on Audit.
interest in such accounts is merely
administrative.
 COA has the power to determine the 13. Annual Report
meaning of ‘public bidding’ and what
constitutes failure when regulations Art. IX-D, §4:The Commission shall submit to
require public bidding for the sale of the President and the Congress, within the time
government property. fixed by law, an annual report covering the
 No law shall be passed exempting any financial condition and operation of the

100
Government, its subdivisions, agencies, and of innocence has been overcome. Thus, it cannot
instrumentalities, including government-owned or be said that there is no way of scrutinizing
controlled corporations, and non-governmental whether the quantum of evidence required for
entities subject to its audit, and recommend conviction in criminal cases have been satisfied.
measures necessary to improve their
effectiveness and efficiency. It shall submit such
other reports as may be required by law.
V. OFFICE OF THE OMBUDSMAN
See also PD 1603, July 18, 1979
IV. SANDIGANBAYAN RA 6770, Nov. 17, 1989
Art. XI, Sec. 4. The present anti-graft court 1. Composition

known as the Sandiganbayan shall continue to
function and exercise its jurisdiction as now or Art. XI, Sec. 5. There is hereby created the
hereafter may be provided by law. independent Office of the Ombudsman, composed
of the Ombudsman to be known as Tanodbayan,
PD 1606, as amended by Republic Act 7975 one overall Deputy and at least one Deputy each
for Luzon, Visayas, and Mindanao. A separate
Nunez v. Sandiganbayan, Deputy for the military establishment may
(1) The claim that PD 1606 deprives likewise be appointed.
petitioner of the equal protection of the law is
hardly convincing considering that the Decree is 2. Qualifications
based on a valid classification. The Consti.
provides for the creation of a special court, known Art. XI, Sec. 8. The Ombudsman and his
as Sandiganbayan (SB), and the rule is settled Deputies shall be natural-born citizens of the
that the general guarantees of the Bill of Rights, Philippines, and at the time of their appointment,
among w/c are the due process and equal at least forty years old, of recognized probity and
protection clauses, must give way to specific independence, and members of the Philippine
provisions, such as the provision on the creation Bar, and must not have been candidates for any
of the SB. elective office in the immediately preceding elec-
(2) It hardly can be argued that a tion. The Ombudsman must have for ten years or
particular mode of procedure provided in a more been a judge or engaged in the practice of
statute can become the vested right of any law in the Philippines.
person. "An accused has no vested right in During their tenure, they shall be subject
particular modes of procedure as in determining to the same disqualifications and prohibitions as
whether particular statutes by their operation provided for in Section 2 of Article IX-A of this
take from an accused any right that was Constitution.
regarded, at the time of the adoption of the
Consti., as vital for the protection of life and 3. Appointment and Term
liberty, and w/c he enjoyed at the time of the
commission of the offense charged against him. Appointment
Would the omission of the CA as an
intermediate tribunal, deprive those, like the Art. XI, Sec. 9. The Ombudsman and his
petitioner, who are charged in the SB, of a right Deputies shall be appointed by the President from
that is vital to the protection of their liberty? Its a list of at least six nominees prepared by the
answer must be in the negative. The innocence Judicial and Bar Council, and from a list of three
of guilt of the accused is passed upon by a 3- nominees for every vacancy thereafter. Such
judge division of the SB. Moreover, a unanimous appointments shall require no confirmation. All
vote is required, otherwise, the Presiding Justice vacancies shall be filled within three months after
designates two other Justices from among the they occur.
members of the SB to sit temporarily in a division
of 5 until a decision is rendered w/ the
concurrence of 3 Justices. If convicted, the Term
accused can seek a review in the SC on a
question of law or the substantiality of the Id., Sec. 11. The Ombudsman and his Deputies
evidence. Petitioner makes much of the facts shall serve for a term of seven years without
that there is no review by the SC of facts. What reappointment. They shall not be qualified to run
cannot be too strongly emphasized is that the SC, for any office in the election immediately
in determining whether to give due course to a succeeding their cessation from office.
petition for review of a decision of the SB, must
be convinced that the constitutional presumption

101
corp. organized under the Gen. Corp. Code; it
4. Rank and salary was acquired by the govt to carry out its oil and
gasoline programs. Quimpo filed a petition for
Id., Sec. 10. The Ombudsman and his Deputies certiorari, questioning the decision of the TB. The
shall have the rank of Chairman and Members, new TB confessed judgment.
respectively, of the Constitutional Commissions, HELD: (1) In NHA v. Juco, 134 S 172 (1984), it
and they shall receive the same salary, which was held that for purposes of coverage in the Civil
shall not be decreased during their term of office. Service, employees of govt owned or controlled
corps. whether created by special law or formed
5. Disqualifications as subsidiaries are covered by the CS law, not the
Labor Code, and the fact that pvt. corps. owned
Art. IX, Sec. 8. xxx they shall be subject to the or controlled by the govt may be created by
same disqualifications and prohibitions as special charter does not mean that such corps.
provided for in Section 2 of Article IX-A of this not created by special law are not covered by the
Constitution. Civil Service. (This ruling has since been
overruled.)
Art. IX, A, Sec. 2. No Member of a (2) The meaning thus given to "govt-
Constitutional Commission shall, during his owned or controlled corps." for purposes of the
tenure, hold any other office or employment. CS [Art. IX, B, Sec. 2 (1)] provision should
Neither shall he engage in the practice of any likewise apply for purposes of the TB and the SB
profession or in the active management or control provisions [Art. XI, secs. 4 and 12], otherwise,
of any business which in any way may be affected incongruity would result; and a govt-owned corp.
by the functions of his office, nor shall he be could create as many subsidiary corps. under the
financially interested, directly or indirectly, in any Corp. Code as it wishes, w/c would then be free
contract with, or in any franchise or privilege from strict accountability and could escape the
granted by the Government, any of its liabilities and responsibilities provided for by law.
subdivisions, agencies or instrumentalities, xxx [T]here can be no gainsaying that as of the
including government-owned or controlled date of its acquisition by the Govt, utilizing public
corporations or their subsidiaries. funds, PETROPHIL, while retaining its own
corporate existence, became a govt-owned or
Art. XI, Sec. 16. No loan, guaranty, or other controlled corp. w/in the constitutional precept.
form of financial accommodation for any business Its employees, therefore are public servants
purpose may be granted, directly or indirectly by falling w/in the investigatory and prosecutory
any government owned or controlled bank or jurisdiction of the TB for purposes of the RA 3019.
financial institution to the President, Vice VV.
President, the Members of the Cabinet, the
Congress, the Supreme Court, and the
Constitutional Commissions, the Ombudsman, or 7. Powers and functions
to any firm or entity in which they have
controlling interest, during their tenure. Art. XI, Sec. 13. The Office of the Ombudsman
shall have the following powers, functions and
6. Jurisdiction duties:
(1) Investigate on its own or on
Id., Sec. 12. The Ombudsman and his Deputies, complaint any act or omission of any public
as protectors of the people, shall act promptly on official, employee, office or agency, when such
complaints filed in any form or manner against act or omission appears to be illegal, unjust,
public officials or employees of the government, improper, or inefficient
or any subdivision, agency or instrumentality (2) Direct, upon complaint or at its own
thereof, including government owned or instance, any public official or employee of the
controlled corporations and shall, in appropriate Government, or any subdivision, agency or
cases, notify the complainants of the action taken instrumentality thereof, as well as of any
and the result thereof. government-owned or controlled corporation with
original charter; to perform and expedite any act
Quimpo v. Tanodbayan, or duty required by law, or to stop, prevent, and
F: F. Quimpo filed a complaint w/ the correct any abuse or impropriety in the
Tanodbayan (TB) charging Greg Dimaano and performance of duties.
Danny Remo, manager and analyst of Petrophil, (3) Direct the officer concerned to take
w/ viol. of RA 3019 for their refusal to pay appropriate action against a public official or
Quimpo's fees as surveyor. The TB dismissed the employee at fault, and recommend his removal,
complaint, however, on the ground that his suspension, demotion, fine, censure, or
jurisdiction extended only to govt owned corps prosecution, and ensure compliance therewith.
organized under a special law. PETROPHIL is a (4) Direct the officer concerned in any

102
appropriate case, and subject to such limitations to restrain the Sandiganbayan & Tanodbayan Raul
as may be provided by law, to furnish it with Gonzales from proceeding with the prosecution &
copies of documents relating to contracts or hearing of criminal cases against him on the
transactions entered into by his office involving ground that said cases were filed by the
disbursement or use of public funds or properties, Tanodbayan w/o legal & constitutional authority
and report any irregularity to the Commission on since under the 1987 Consti., it is only the
Audit for appropriate action. Ombudsman who has the authority to file cases
(5) Request any government agency for with the Sandiganbayan.
assistance and information necessary in the HELD: (1) We find the petitions impressed w/
discharge of its responsibilities, and to examine, if merit. Under Art. XI, Sec. 13, par. 1 of the
necessary, pertinent records and documents. Consti., the Ombudsman (as distinguished w/ the
(6) Publicize matters covered by its incumbent TB) is charged w/ the duty to:
investigation when circumstances so warrant and "Investigate on its own, or on complaint
with due prudence. by any person, any act or omission of any public
(7) Determine the causes of inefficiency, official, employee, office or agency, when such
red tape, mismanagement, fraud and corruption act or omission appears to be illegal, unjust,
in the Government and make recommendations improper or inefficient."
for their elimination and the observance of high On the other hand, Art. XI, Sec. 7 of the
standards of ethics and efficiency. Consti. provides that
(8) Promulgate its rules of procedure "The existing Tanodbayan shall hereafter
and exercise such other powers or perform such be known as the Office of the Special Prosecutor.
functions or duties as may be provided by law. It shall continue to function and exercise its
powers as now or hereafter may be provided by
Barlongay: The functions of the Ombudsman law, except those conferred on the Office of the
may be divided into four: (1) Investigatory; (2) Ombudsman created under this Constitution."
Prosecutory; (3) Disciplinary; and (4) Assistory. Now, then, inasmuch as the
aforementioned duty is given to the Ombudsman,
the incumbent TB (now called Sp. Pros.) is clearly
8. Fiscal Autonomy without authority to conduct prel. investigations
and to direct the filing of crim. cases, except upon
Id., Sec. 14. The Office of the Ombudsman shall orders of the Ombudsman. This right to do so
enjoy fiscal autonomy. Its approved annual was lost effective Feb. 2, 1987
appropriations shall be automatically and
regularly release. Resolution on the Motion for
Reconsideration, May 19, 1988
(1) The power of investigation conferred
9. Appointment of personnel on the Ombudsman covers both administrative
and crim. offenses. Accordingly, the Sp Pros.
Id., Sec. 6. The officials and employees of the cannot claim that he retains the specific power of
Office of the Ombudsman, other than the prel. investigation while conceding the general
Deputies, shall be appointed by the Ombudsman power of investigation to the Ombudsman. The
according to the Civil Service Law. greater power embraces the lesser.
(2) The fact that the informations filed
by the resp. from Feb. 2, 1987, were invalid bec.
they were not authorized by the Ombudsman, is
not a jurisdictional defect. The Informations
could have been challenged in a motion to quash
under R 117, ROC on the ground of lack of
VI. OFFICE OF THE SPECIAL authority on the part of the officer filing the
same. If this ground was not invoked, it is
PROSECUTOR deemed waived under Sec. 8 of the same Rule.
xxx
Id., Sec. 7. The existing Tanodbayan shall
At any rate, to settle this question, we
hereafter be known as the Office of the Special
hereby rule that the decision of this Court in this
Prosecutor. It shall continue to function and
case shall be given prospective application only
exercise its powers as now or hereafter may be
from April 27, 1988. xxx
provided by law, except those conferred on the
To recapitulate, the Court holds that, in
Office of the Ombudsman created under this
the interest of justice, its ruling in 4/27/88 shall
Constitution.
apply prospectively to cases filed in Court prior to
said resolution and pending trial nor to
Zaldivar v. Sandiganbayan,
convictions or acquittals pronounced therein. The
F: Petitioner, governor of Antique, filed a
exception is where there has been a timely
petition for certiorari, prohibition and mandamus

103
objection and a specific challenge, as in this case, agencies.
where the Court ordered the nullification of the In carrying out his functions, the
Info. filed for lack of authority on the part of resp. Tanodbayan may with the approval of the
Gonzales. VV. President, deputize or call upon any official or
employee of the government or any agency or
PD No. 1630 office and during such deputation the official or
employee concerned shall be under the
Sec. 10. Powers.-- The Tanodbayan shall have supervision and control of the Tanodbayan.
the following powers:
(a) He may investigate, on complaint by Sec. 12. Matters appropriate for Investigation.--
any person or on his own motion or initiative, any (a) In selecting matters for his attention, the
administrative act whether amounting to any Tanodbayan should also address himself to an
criminal offense or not of any administrative administrative act that might be--
agency including any government owned or 1. contrary to law or regulation;
controlled corporations; 2. unreasonable, unfair, oppressive, or
(b) He may prescribe the methods by inconsistent with the general course of an
which complaints are to be made, received, and administrative agency's functioning;
acted upon; he may determine the scope and 3. mistaken in law or arbitrary in
manner of investigations to be made; and, ascertainment of facts;
subject to the requirements of this Decree, he 4. improper in motivation or based on
may determine the form, frequency, and irrelevant considerations;
distribution of his conclusions and 5. unclear or inadequately explained
recommendations; when reasons should have been revealed;
(c) He may request and unless as herein 6. inefficiently performed; or
provided for he shall be given by each 7. otherwise objectionable
administrative agency the assistance and (b) The Tanodbayan may concern
information he deems necessary to the discharge himself also with strengthening procedures and
of his responsibilities; he may examine the practices which lessen the risk of occurrence of
records and documents of all administrative any objectionable administrative acts.
agencies; and he may enter and inspect premises
within any administrative agency's control, Sec. 13. Action on Complaints.-- (a) The
provided, however, that, where the President in Tanodbayan may receive a complaint from any
writing certifies that such information, source concerning an administrative act. At no
examination or inspection might prejudice the expense to the complainant, he may conduct a
national interest or violate existing law, the suitable investigation into the things complained
Tanodbayan shall desist. All information so of.
obtained shall be confidential, unless the (b) After completing his consideration of
President, in the interest of public service, decides a complaint, whether or not it has been
otherwise; investigated, the Tanodbayan shall suitably
(d) He may issue a subpoena to compel inform the complainant and, when appropriate,
any person to appear, give sworn testimony, or the administrative agency or agencies involved.
produce documentary or other evidence the (c) A letter to the Tanodbayan from a
Tanodbayan deems relevant to a matter under his person in a place of detention or in a hospital or
inquiry; other institution under the control of an
(e) If after preliminary investigation he administrative agency shall be immediately
finds a prima facie case, he may file the forwarded, unopened to the Tanodbayan.
necessary information or complaint with the
Sandiganbayan or any proper court or Sec. 14. Consultation with Agency.-- Before
administrative agency and prosecute the case; announcing a conclusion or recommendation that
(f) He may file and prosecute civil and criticizes an administrative agency or any person,
administrative cases involving graft and corrupt the Tanodbayan shall consult with that agency or
practices and such other offenses committed by person.
public officers and employees, including those in
government-owned or controlled corporations, in Sec. 15. Recommendations.-- (a) If, having
relation to their office; considered a complaint and whatever material he
(g) He may undertake, participate in, or deems pertinent, the Tanodbayan is of the
cooperate with general studies or inquiries, opinion that an administrative agency should (1)
whether or not related to any particular consider the matter further, (2) modify or cancel
administrative agency or any particular an administrative act, (3) alter a regulation or
administrative act, if he believes that they may ruling, (4) explain fully the administrative act in
enhance knowledge about or lead to question, or (5) take any other step, he shall
improvements in the functioning of administrative state his recommendations to the administrative

104
agency. If the Tanodbayan so requests, the They shall also be subject to such other
agency shall, within the time he has specified, qualifications and disabilities as may be
inform him about the action taken on his prescribed by law.
recommendations or the reasons for not
complying with them. 2. Functions
(b) If the Tanodbayan believes that an The authority shall provide policy direction in the
administrative action has been dictated by laws areas of money, banking, and credit. It shall have
whose results are unfair or otherwise supervision over the operations of banks and
objectionable, he shall bring to the of the exercise such regulatory powers as may be
President and the National Assembly (Congress) provided by law over the operations of finance
his views concerning desirable statutory change. companies and other institutions performing
similar functions.
Sec. 17. Investigation and Prosecution of
Cases.-- The Office of the Tanodbayan shall have Until the Congress otherwise provides, the Central
the exclusive authority to conduct preliminary Bank of the Philippines operating under existing
investigation of all cases cognizable by the laws, shall function as the central monetary
Sandiganbayan to file information therefor and to authority.
direct and control the prosecution of said cases.
The Tanodbayan may utilize the personnel of his VIII. ECONOMIC AND PLANNING
office and/ or with the approval of the President,
designate or deputize any fiscal, state prosecutor
AGENCY
or lawyer in the government service to act as
Art. XII Section 9.
special investigator or prosecutor to assist him in
the investigation and prosecution of said cases.
The Congress may establish an independent
Those designated or deputized to assist him as
economic and planning agency headed by the
herein provided shall be under his supervision and
President.
control.
No publicity shall be allowed during the
Functions:
pendency of such preliminary investigation and
After consultations with the appropriate public
the name of the complainant and the accused
agencies, various private sectors, and local
shall not be made public until an information is
government units, recommend to Congress, and
filed by the Tanodbayan.
implement continuing integrated and coordinated
The Tanodbayan, his investigators and
programs and policies for national development.
prosecutors, whether regular members of his staff
or designated by him as herein provided, shall
Until the Congress provides otherwise, the
have the authority to administer oaths, to issue
National Economic and Development Authority
subpoena duces tecum, to summon and compel
shall function as the independent planning agency
witnesses to appear and testify under oath before
of the government.
them and/ or to bring books, documents and
other things under their control, and to secure the
Section 10. The Congress shall, upon
attendance or presence of any absent or
recommendation of the economic and planning
recalcitrant witness through application before the
agency, when the national interest dictates,
Sandiganbayan or before any inferior or superior
reserve to citizens of the Philippines or to
court having jurisdiction of the place where the
corporations or associations at least sixty per
witnesses or evidence is found.
centum of whose capital is owned by such
The resolutions and actions of the
citizens, or such higher percentage as Congress
Tanodbayan shall not be subject to review by any
may prescribe, certain areas of investments. The
administrative agency.
Congress shall enact measures that will
encourage the formation and operation of
VII. CENTRAL MONETARY enterprises whose capital is wholly owned by
AUTHORITY Filipinos.
1. Composition and qualifications In the grant of rights, privileges, and concessions

Art. XII Section 20. The Congress shall establish covering the national economy and patrimony,
an independent central monetary authority, the the State shall give preference to qualified
members of whose governing board must be Filipinos.
1. natural-born Filipino citizens,
2. of known probity, integrity, and patriotism, The State shall regulate and exercise authority
3. the majority of whom shall come from the over foreign investments within its national
private sector. jurisdiction and in accordance with its national
goals and priorities.

105
IX. NATIONAL COMMISSIONS (8) Grant immunity from prosecution to any
person whose testimony or whose possession of
A. Commission on Human Rights documents or other evidence is necessary or
convenient to determine the truth in any
investigation conducted by it or under its
authority;
1. Composition and Qualifications
(9) Request the assistance of any department,
Art. XII. Sec. 20. The Congress shall establish
bureau, office, or agency in the performance of its
an independent central monetary authority, the
functions;
members of whose governing board must be
natural-born Filipino citizens, of known probity, (10) Appoint its officers and employees in
integrity, and patriotism, the majority of whom accordance with law; and
shall come from the private sector. They shall
also be subject to such other qualifications and (11) Perform such other duties and functions as
disabilities as may be prescribed by law. The may be provided by law.
authority shall provide policy direction in the Sec. 19. The Congress may provide for other
areas of money, banking, and credit. It shall have cases of violations of human rights that should
supervision over the operations of banks and fall within the authority of the Commission, taking
exercise such regulatory powers as may be into account its recommendations.
provided by law over the operations of finance
companies and other institutions performing 3. Fiscal Autonomy
similar functions.
Art. XIII. Sec. 17(4). The approved annual
Until the Congress otherwise provides, the Central appropriations of the Commission shall be
Bank of the Philippines operating under existing automatically and regularly released.
laws, shall function as the central monetary
B. National Language Commission
authority.
Art. XIV. Sec. 9. The Congress shall establish a
national language commission composed of
2. Powers and Functions representatives of various regions and disciplines
which shall undertake, coordinate, and promote
Art. XIII. Sec. 18. The Commission on Human researches for the development, propagation, and
Rights shall have the following powers and preservation of Filipino and other languages.
functions:
C. National Police Commission
(1) Investigate, on its own or on complaint by
any party, all forms of human rights violations Art. XVI. Sec. 6. The State shall establish and
involving civil and political rights; maintain one police force, which shall be national
in scope and civilian in character, to be
(2) Adopt its operational guidelines and rules of administered and controlled by a national police
procedure, and cite for contempt for violations commission. The authority of local executives
thereof in accordance with the Rules of Court; over the police units in their jurisdiction shall be
(3) Provide appropriate legal measures for the provided by law.
protection of human rights of all persons within D. Commission on Indigenous Cultural
the Philippines, as well as Filipinos residing Communities
abroad, and provide for preventive measures and
legal aid services to the under-privileged whose Art. XVI. Sec. 12. The Congress may create a
human rights have been violated or need consultative body to advise the President on
protection; policies affecting indigenous cultural communities,
the majority of the members of which shall come
(4) Exercise visitorial powers over jails, prisons, from such communities.
or detention facilities;
(5) Establish a continuing program of research,
education, and information to enhance respect for
NATIONAL ECONOMY AND
the primacy of human rights; PATRIMONY
(6) Recommend to Congress effective measures A. Goal
to promote human rights and to provide for The goals of the national economy are:
compensation to victims of violations of human
rights, or their families; (1) A more equitable distribution of
(7) Monitor the Philippine Government's opportunities, income, and wealth.
compliance with international treaty obligations
on human rights;

106
(2) A sustained increased by the amount of 2. according to the general terms and conditions
goods and services produced by the nation for the provided by law
benefit of the people; and 3. based on real contributions to the economic
growth and general welfare of the country
(3) An expanding productivity as the key to 4. In such agreements, the State shall promote
raising the quality of life for all, especially the the development and use of local scientific and
underprivileged. technical resources.
5. The President shall notify the Congress of
II Bernas: Three basic directions may be gleaned every contract entered into in accordance with
from Sec. 1: (1) it sets the goal of dynamic this provision, within thirty days from its
productivity and a more equitable distribution of execution.
what is produced; (2) it seeks complementarity
bet. industrialization and agricultural devt; (3) it
is protective of things Filipino. xxx
II Bernas: If natural resources, except
B. Natural Resources agricultural land, cannot be alienated, how can
they be explored, developed or utilized? xxx A
1. Citizenship Requirement distinction must be made bet. alienable lands and
inalienable lands. Alienable lands may be the
Art. XII, Sec. 2. subject of lease, and the rules are found in Sec.
3. xxx Inalienable lands, however, can only be
Rules: developed and utilized directly by the State or in
Owned by the State: conjunction w/ qualified individuals or corps.
1. All lands of the public domain through "co-production, joint venture, or
2. waters production-sharing"-- and thus "full control and
3. minerals supervision of the State" is preserved.
4. coal Howsoever natural resources might be
5. petroleum and other mineral oils exploited or developed, the right to do so is
6. all forces of potential energy reserved for "Filipino citizens, or corps., or
7. fisheries associations at least sixty per centum of whose
8. forests or timber capital is owned by such citizens
9. wildlife, flora and fauna
10. other natural resources
Id., Sec. 7. Save in cases of hereditary

What may be alienated: succession, no private lands shall be transferred
Only agricultural lands. All other natural resources or conveyed except to individuals, corporations,
shall not be alienated. (alienation to Filipinos or associations qualified to acquire or hold lands
only) of the public domain.
Exploration, development, and utilization of

natural resources Taking into account the requirements of
1. under the full control and supervision of the conservation, ecology, and development, and
State subject to the requirements of agrarian reform,
2. The State may directly undertake such the Congress shall determine by law, the size of
activities, or lands of the public domain which may be
3. it may enter into co-production, joint venture, acquired, developed, held, or leased and the
or production-sharing agreements conditions therefor.
4. with Filipino citizens, or corporations or
associations at least sixty per centum of whose Exploration, Development, and Utilization
capital is owned by such citizens
5. Agreements may be for a period not exceeding a. All (a) lands of the public domain, (b)
twenty-five years, renewable for not more than waters, (c) mineral oils, (d) all forces of potential
twenty-five years, and under such terms and energy, (e) fisheries, (f) forest or timber, (g)
conditions as may be provided by law wildlife, (h) flora and fauna, and (i) other natural
resources are owned by the State. (This is the
Large-scale Exploration, development and Regalian Doctrine.)
utilization of minerals, petroleum, and other
mineral oils b. All natural resources, with the
1. The President may enter into agreements with exception of agricultural lands, shall not be
foreign-owned corporations involving either alienated.
technical or financial assistance

107
c. The exploration, development, and resources
utilization or natural resources shall be under the
full control and supervision of the State ( as the Whom - Filipino Citizens only
owner thereof.)
"large scale" exploration, development and
d. In so exploring, developing or utilizing utilization
its natural resources, the State has two options: The President may enter into agreements with
foreign-owned corporations involving either
One, it may undertake such activities "technical or financial assistance" for "large scale"
directly, or exploration, development and utilization of (a)
minerals, (b) petroleum, (c) other mineral oils,
Two, it may enter into (a) co-production, according to the general terms and conditions
(b) joint venture, or (c) production sharing provided by law.
agreement with Filipino citizens, or corporations Such agreements shall (i) be based on
or associations with at least 60% Filipino capital. "real" contributions to economic growth and the
general welfare of the country, and (ii) promote
In the case of the second option, any the development and use of local scientific and
such agreements are subject to the following technical resources.
limitations and qualifications:
The President shall notify the Congress of
every contract entered into in accordance with
(A) As to Terms and Conditions this provision within 30 days from its execution.
(i) Such agreements ( for the Who - President

exploration, development or utilization of natural
resources excluding water rights other than the What - minerals, petroleum, other mineral
development of water power) may be for a period oils;
not more than 25 years, and under such terms
and conditions as may be provided by law. Whom - foreign owned corporations
(ii) But in cases of water rights for (a) This is really "service contracts" over
irrigation, (b) water supply, (c) fisheries, or (d) again. "Technically", this provision "falls" under
industrial uses other than the development of the general rule that the State may enter into co-
water power. Beneficial use may be the measure production, joint venture or production-sharing
and limit of the grant. agreements only which Filipino citizens or 60%
Filipino corporations, since what in involved here
(B) As to who may grant what privileged to is only "technical or financial assistance" for the
whom exploration, development and utilization of these
specific natural resources, and not the
(i) The State shall protect the nation's exploration, development, and utilization
(marine wealth in its archipelagic waters, themselves. In reality, however, it is an
territorial sea, and exclusive economic zone, and exception to the general rule.
shall reserve its use and enjoyment "exclusively"
to Filipino citizens. (Corporations, even though Not more than 12 hectares thereof by (i)
owned by Filipinos are not included.) purchase, (ii) homestead or (iii) grant, (Art. XII,
Sec. 3, par I.)
Who - State
The manner of acquiring alienable lands
What - Marine Wealth of the public domain is governed by Com. Act No.
141 (Public Land Act), which prescribes 5 ways of
Whom - Filipino Citizens only acquiring such lands.
(ii) The Congress may, by law, allow Homestead

small scale utilization of natural resources by
Filipino citizens. It may also allow cooperative This is available to citizens, at least 18
fish farming with priority to subsistence fishermen years of age (or less if a head of the family)
and fishworkers in rivers, lakes, bays, and resident of the Philippines, and not the owner of
lagoons. 24 (now 12) hectares in the Philippines.
Who - Congress
What - small scale utilization of the natural

108
Public Lands Sec. 2.
Taking into account the requirements or Public Lands

conservation, ecology and development are
subject to the requirements of agrarian reform, a. Classification
the Congress shall determine, by law, the size of
lands of the public domain which may be Lands of the public domain are
acquired, developed, held or leased, and the classified into agricultural, forest or timber,
conditions therefore. (Art. XII, Sec. 3, par 2) mineral lands, and national parks. Agricultural
lands of the public domain may be further
classified by law according to which they may be
Marine Wealth devoted.
The State shall protect the nation's b. Alienability

marine wealth in its archipelagic waters, territorial
sea, and executive economic zone. (Art. XII, Sec. With the exception of agricultural lands,
2. par 2.) all other natural resources are owned by the
State. (Art. XII, Sec. 2)
2. Classification, Size, and Alienable lands of the public domain shall

Conditions for Grant of Public Lands be limited to agricultural lands. (Art. XII, Sec. 3.)
Art. XII, Sec. 3. If the public land is non-alienable which

Lands of the public domain are classified into is the case if it is forest or timber, mineral land,
1. agricultural or national parks, then it cannot be held by
2. forest or timber anyone. The general rule on natural resources
3. mineral lands and applies and that is, that the State can only enter
4. national parks. into co-production, joint-ventures or production
sharing agreements with Filipino citizens or 60%
Filipino owned corporations for the exploitation,
II Bernas: The first rule established in Sec. 3 is development and utilization of these lands.
that only agricultural lands of the public domain
may be alienated. But if the public land is alienable, that is,
The second rule is that only qualified agricultural, then it may be held by a private
individuals may acquire alienable lands of the person, natural or juridical, in accordance with
public domain. the following rules.
The third rule establishes the size of the
land w/c may be acquired by individuals or leased c. Who May Hold Alienable Lands of the Public
by individuals or corps. Domain
The fourth rule limits the discretion of
Congress to open public lands for lease or (1) Corporations: Lease
acquisition.
Private corporation or associations may not hold
Disqualification of private corporations.-- alienable lands of the public domain except by
One purpose of this constitutional prohibition is to lease.
equitably diffuse land-ownership or to encourage
owner cultivatorship and economic family size Limitations:
farms and thereby prevent the recurrence of huge
land holdings by corps. or private persons. It was i. Period: Not more than 25 years, renewable for
also aimed against undue exploitation of our not more than 25 years.
public lands and natural resources by large corps. ii. Size: Not to exceed 1,000 hectares in area.
No citizenship limitation?-- The impression As worded, it would seem that even

might be given that Sec. 3 opens utilization of foreign corporations may become the lessees of
alienable lands to foreign individuals or foreign alienable lands of the public domain, because
corps. bec. Sec. 3 makes no mention of (Art. XII, Sec. 3) does not specify the 60% -
citizenship requirement. But alienable lands are Filipino owned requirement. It is unlike the case
part of the natural resources and the gen. rule on for the exploration, development and utilization of
the utilization of all natural resources can be natural resources other than public agricultural
found in Sec. 2. xxx Thus, the utilization of lands, in which the Constitution specifies the
alienable lands is open only to those qualified ownership requirement. Whether this is a mere
under Sec. 2 and in the manner prescribed by oversight in a valid question, considering the

109
nationalists intent of the Constitution, on the one to, is that alienable land held by a possessor,
hand, and the presence of anti nationalist personally or through his predecessor-in-interest
farmers, on the other hand. openly, continuously and exclusively for the
prescribed statutory period (30 yrs. under the
(2) Filipino Citizens: Acquire or Lease Public Land Act, as amended) is converted to pvt.
prop. by the mere lapse or completion of said
Citizens of the Philippines may (a) lease no more period, ipso jure. The land subject of this appeal
than 500 hectares, (subject to the same was already private property at the time it was
conditions as in Filipino corporations) or (b) not acquired from the Infiels by Acme. Acme
more than 12 hectares thereof by purchase, acquired a registrable title, there being at the
homestead or grant. time no prohibition against said corp's holding or
owning private. land.
Meralco v. Castro-Bartolome Republic v. CA

Corporations May Lease But Not Acquire Public It is true that under both the 1973 and 1987
Lands Consti, a private. corp. (even if a domestic one)
Meralco, applied for the confirmation of its title to cannot acquire (and therefore cannot register)
2 residential lots (subject lot was previously lands of the public domain, but in the present
owned by a Filipino individual). Meralco filed the case, the land involved, at the time it was
application under the Public Land law provision acquired by the corp. in 1974, was no longer part
which grants certificates of title to Filipino citizens of the public domain; long years of exclusive,
who by themselves or through their predecessors continuous, and adverse possession of the same
in interest have held agricultural public lands for by its predecessors-in-interest had given
30 years. The court held that as bet. the State ownership thereof ipso jure to said predecessors,
and Meralco, the land is still public land. It would enabling the latter to convey title to said corp.
cease to be public land only upon the issuance of True, the Corp.'s acquisition was in 1974, or after
the cert. of title under Sec. 48 (b) of the Public the 1973 Consti was already in effect. But then
Land Law. Since Meralco is a juridical person, it as of that time, the land was no longer public
is disqualified to apply for its registration. The land. It was private land.
ruling in Susi v. Razon, to the effect that an open,
continuous and adverse possession of the land 3. Conservation of forest lands and
from time immemorial confers on the individual national parks
and his precedessor in interest effective title does
not apply here since Meralco and its predecessors Art. XII, Sec. 4.
in interest have not been in possession of the The Congress shall, as soon as possible
land since time immemorial. The argument that if determine by law the specific limits of forest lands
Meralco's predecessor-in-interest can apply under and national parks, marking clearly their
Sec. 48 (b), so can the corp do the same in boundaries on the ground. Thereafter, such forest
representation, is untenable bec. Meralco's lands and national parks shall be conserved and
predecessors-in-interest did not acquire a vested may not be increased nor decrease except by law.
right as they did not file an applic., w/c is a The Congress shall provide for such period as it
condition precedent. may determine, measures to prohibit logging in
endangered forests and watershed areas.
Republic v. Villanueva
Religious Corporations Are Disqualified from
4. Protection of ancestral lands of
Acquiring Public Lands
indigenous cultural communities
The Iglesia Ni Kristo, as a corp. sole or a juridical
person, is disqualified to acquire or hold alienable
Art. XII, Sec. 5.
lands of the public domain, like the lots in
The State, subject to the provisions of this
question, bec. of the consti. prohibition
Constitution and national development policies
mentioned and bec. the said church is not entitled
and programs, shall protect the rights of
to avail itself of the benefits of Sec. 48 (b) w/c
indigenous cultural communities to their ancestral
applies only to Filipino citizens of natural persons.
lands to ensure their economic, social, and
A corp. sole has no nationality.
cultural well- being.
The Congress may provide for the
Director of Lands v. IAC
applicability of customary laws governing
Public Lands Possessed Exclusively Becomes
property tights or relations in determining the
Private By Mere Lapse of at Least 30 Years.
ownership and extent of ancestral domain.
The court held that the majority ruling in Meralco
must be reconsidered and no longer deemed to
be binding precedent. The correct rule, as
enunciated in the line of cases already referred

110
II Bernas: The ancestral lands referred to in Sec. All others, including aliens, cannot be the
5 include both those outside ant those inside transferee or conveyee or private lands
autonomous regions. xxx except:
C. Private Lands a. Aliens in cases of hereditary succession (Art.

XII, Sec. 7.) This is limited to compulsory and
1. Citizenship requirement legal succession and does not include
testamentary succession, as ruled in Ramirez v.
Who may acquire private lands by transfer or Ramirez.
conveyance?
b. A natural born citizen who lost his Philippine
Art. XII, Sec. 7. Save in cases of hereditary citizenship. (Art. XII, Sec. 8.) The law provides
succession, no private lands shall be transferred that they may own not more than 2 lots of 1000
or conveyed except to individuals, corporations, sq. m. if urban or 2000 sq. m. if rural.
or associations qualified to acquire or hold lands
of the public domain. Status of contract of sale of private land to those
who are not qualified to hold them.
II Bernas: May a Filipino private corp. acquire The rulings of the SC on the issue can be
private land? The answer must be that pvt. summarized thus: Although the sale of private
corps. can still acquire private land since Sec. 7 lands to aliens not allowed to acquire them is
makes capacity to acquire private land dependent void, the vendor or his successors-in-interest can
on capacity to "acquire or hold lands of the public no longer seek recovery if in the meantime the
domain." The provision uses the disjunctive "or." land has fallen into the hands of one who is not
Either capacity to acquire lands of the public disqualified to acquire them.
domain or capacity otherwise to hold such land
confers capacity to acquire private land. Godines v. Pak Luen
Land sold to an alien cannot be recovered if he
Mirasol Notes: had sold It to a filipino or he has become a
citizen.
Alienable lands of the public domain shall
be limited to agricultural lands. Private Yap v. Grajeda
corporations or associations may not hold such A subsequently naturalized citizen, is
alienable lands of the public domain except by constitutionally qualified to own land. There
lease...Citizens of the Philippines may lease...or would no longer be any public policy to be served
acquire...(Art. XII, Sec. 3, par 1.) in allowing recovery of property. If the ban on
aliens from acquiring not only agricultural but also
Notwithstanding the provisions of section urban lands xxx is to preserve the nation's land
7, a natural-born citizen of the Philippines who for future generations of Filipinos, that aim or
has lost his Philippines citizenship, may be a purpose would not be wasted but achieved by
transferee of private lands, subject to limitations making lawful the acquisition of real estate by
provided by law. (Art. XII, Sec. 8.) aliens who became Filipino citizens by
naturalization."
General rule: the acquisition of private lands is
limited to individuals or corporations (and 2. Exceptions
associations who are qualified to acquire or holds
land of the public domain). These are: (a) Acquisition by LEGAL Succession
a. Citizens of the Philippines - because they are PD 471 The maximum period allowable
qualified to both acquire and leases (hold) for the duration of leases or private lands to
alienable lands under sec. 3. aliens or alien-owned corporations, associations,
or entities not qualified to acquire private lands in
b. "Private Corporations" - because they are the Philippines shall be twenty-five years,
qualified to hold alienable public lands under sec. renewable for another period of twenty-five years
3 by way of lease. The issue is whether the term upon mutual agreement of both lessor and lessee.
"private corporation" is limited to 60% Filipino
owned corporation, which should be the intent of
the Constitution, as in the case of other natural (b) Acquisition by former NATURAL-BORN
resources. If not, then even foreign corporations citizens
can purchase private lands, not only lease
alienable public lands.

111
Art. XII, Sec. 8. Notwithstanding the provisions not include commercial telecommunications w/c
of Section 7 of this Article, a natural-born citizen are governed as public utilities under Art. XII,
of the Philippines who has lost his Philippine Sec. 11.
citizenship may be a transferee of private lands,
subject to limitations provided by law.
Id., (2) Only Filipino citizens or corporations at
BP 185 a natural-born citizen of the Philippines least seventy per centum of the capital of which is
who has lost his Philippine citizenship may be a owned by such citizens shall be allowed to engage
transferee of private land, for use by him as his in the advertising industry.
residence up to a maximum area of one thousand The participation of foreign investors in
square meters, in the case of urban land, or one the governing body of entities in such industry
hectare in the case of rural land, to be used by shall be limited to their proportionate share in the
him as his residence. capital thereof, and all the executive and
managing officers of such entities must be
Operation of public utilities citizens of the Philippines.
Art. XII, Sec. 11.

No franchise, certificate, or any other form of Practice of professions
authorization for the operation of a public utility
shall be granted except to Art. XII, Sec. 14. The practice of all
1. citizens of the Philippines or professions in the Philippines shall be limited to
2. corporations or associations Filipino citizens, save in cases prescribed by law.
a. organized under the laws of the
Philippines
b. at least sixty per centum of whose AMENDMENT AND REVISION
capital is owned by such citizens
Cruz, Philippine Political Law, 1991 ed.
franchise, certificate, or authorization (hereinafter Cruz):
1. not exclusive in character
2. not granted for longer period than fifty years. Amendment and Revision.-- Art. XVII provides
that the Consti. may be changed either by
The participation of foreign investors in the amendment or revision.
governing body of any public utility enterprise Amendment refers to isolated or piece-
shall be limited to their proportionate share in its meal change only, as distinguished from revision,
capital, and all the executive and managing which is a revamp or rewriting of the whole
officers of such corporations or association must instrument.
be citizens of the Philippines.
Procedure.-- Two steps are involved in the
II Bernas: For the purpose of this provision, a amendment or revision of the Consti. The first is
corp. or association is considered a Filipino if: (1) the proposal and the second is the ratification.
it is organized under Phil. laws and (2) at least 60
% of its capital is owned by Filipino citizens.
xxx
I. PROPOSAL
It should be noted xxx that the Consti.
Art. XVII, Section 1. Any amendment to, or
does not prohibit the mere formation of a public
revision of, this Constitution may be proposed by:
utility corp. w/o the required proportion of Filipino
(1) The Congress, upon a vote of three-
capital. xxx What it does prohibit is the
fourths of all its Members; or
granting of a franchise or other form of
(2) A constitutional convention.
authorization for the operation of a public utility
already in existence but w/o the requisite
Cruz: The choice of the method of proposal lies
proportion of Filipino capital.
in the exclusive discretion of the legislature.
Mass Media and Advertising Industry
Sec. 2. Amendments to this Constitution may
likewise be directly proposed by the people
Sec. 11. (1) The ownership and management of
through initiative upon a petition of at least
mass media shall be limited to citizens of the
twelve per centum of the total number of
Philippines, or to corporations, cooperatives or
registered voters, of which every legislative
associations, wholly-owned and managed by such
district must be represented by at least three per
citizens.
centum of the registered voters therein. No
amendment under this section shall be authorized
II Bernas: "Mass media" in Sec. 11 (1) includes
within five years following the ratification of this
radio, television and the printed media. It does
Constitution nor oftener than once every five

112
years thereafter. "special," not general election. The circumstance
The Congress shall provide for the that 3 previous amendments to the Consti. had
implementation of the exercise of this right. been submitted to the people for ratification in
special elections merely shows that Congress
Gonzales v. COMELEC deemed it best to do so under the circumstances
FACTS: On 3/16/67, the Senate and the HReps. then obtaining. It does not negate its authority
passed the ff. resolutions: to submit proposed amendments for ratification in
(1) R.B.H. (Resolution of Both Houses) general elections.
No. 1 proposing that Sec. 5, Art VI of the Consti. ISSUE NO. 3: Would the submission now of the
be amended so as to increase the membership of Contested Amendments to the People Violate the
the HReps from a maximum of 120 to a Spirit of the Constitution?
maximum of 180, to be apportioned among the HELD: No. xxx A legislation cannot be nullified
several provinces as nearly as may be according by reason of the failure of certain sectors of the
to the number of their respective inhabitants, community to discuss it sufficiently. Its
although each province shall have at least 1 constitutionality or unconstitutionality depends
member; upon no other factors than those existing at the
(2) R.B.H. No. 2, calling a convention to time of the enactment thereof, unaffected by the
propose amendments to said Consti., the acts or omissions of law enforcing agencies,
convention to be composed of 2 elective particularly those that take place subsequently to
delegates from each representative district, to be the passage or approval of the law.
"elected in the general elections to be held on the xxx
second Tues. of Nov., 1971;" and The determination of the conditions
(3) R.B.H No. 3 proposing that Sec. 16, under w/c the proposed amendments shall be
Art. VI of the same Consti. be amended as to submitted to the people is concededly a matter
authorize the Senators of the Members of the w/c falls w/in the legislative sphere. We do not
HReps to become delegates to the believe it has been satisfactorily shown that
aforementioned constitutional conventions, w/o Congress has exceeded the limits thereof in
forfeiting their respective seats in Congress. enacting RA 4913. xxx
Subsequently, Congress passed a bill,
w/c, upon approval of the Pres., on 6/17/67, 1. By Congress
became RA 4913, providing that the amendments
to the Consti. proposed in the aforementioned Art. VII, Section 1. Any amendment to, or
Resolutions Nos. 1 and 3 be submitted, for revision of, this Constitution may be proposed by:
approval by the people, at the general elections (1) The Congress, upon a vote of three-
w/c shall be held on 11/14/67. fourths of all its Members; or
ISSUE NO. 1: Alternatives Available to (2) A constitutional convention.
Congress.-- Atty. Juan David, as amicus curiae,
maintains that Congress may either propose 1935 Constitution, Art. XV
amendments to the Consti. or call a convention
for that purpose, but it can not do both, at the Art. XV, Sec. 1. The Congress in joint session
same time. assembled, by a vote of three-fourths of all the
HELD: This theory is based upon the fact that the Members of the Senate and of the House of
2 alternatives are connected in the Consti. by the Representatives voting separately, may propose
disjunctive "or." Such basis is, however, a weak amendments to this Constitution or call a
one, in the absence of other circumstances convention for the purpose. Such amendments
supporting the conclusion drawn by the amicus shall be valid as part of this Constitution when
curiae approved by a majority of the votes cast at an
ISSUE NO. 2: May Constitutional Amendments election at which the amendments are submitted
be submitted for ratification in a general election? to the people for their ratification.
HELD: Yes. The 1935 Consti. provides:
Art. XV, Sec. 1. The Congress in joint 2. By Constitutional Convention
session assembled, by a vote of three-fourths of
all the Members of the Senate and of the House Sec. 3. The Congress may, by a vote of two-
of Representatives voting separately, may thirds of all its Members, call a constitutional
propose amendments to this Constitution or call a convention, or by a majority vote of all its
convention for the purpose. Such amendments Members, submit to the electorate the question of
shall be valid as part of this Constitution when calling such a convention.
approved by a majority of the votes cast at an
election at which the amendments are submitted 3. By The People through Initiative
to the people for their ratification.
There is in this provision nothing to
indicate that the "election" therein referred to is a

113
RA 6735 is supreme over the other departments of the
Sec. 5. Requirements.-- xxx govt bec. the powers it exercises are in the
(b) A petition for an initiative on the nature of sovereign powers.
1987 Constitution must have at least twelve per 2. The second theory considers the
centum (12%) of the total number of registered constitutional convention inferior to the other
voters as signatories, of which every legislative departments of the govt since it is merely a
district must be represented by at least three per creation of the legislature. (Legislative Control
centum (3%) of the registered voters therein. Theory.)
Initiative on the Constitution may be exercised 3. The third declares that as long as it
only after five (5) years from the ratification of exists and confines itself w/in the sphere of its
the 1987 Constitution and only once every five jurisdiction, the constitutional convention must be
(5) years thereafter. considered independent of and co-equal w/ the
other departments of the govt. (Co-equality
Sec. 9. Effectivity of Initiative or Referendum Theory.)
Proposition.-- xxx
(b) The proposition in an initiative on the Tolentino v. COMELEC
Constitution approved by a majority of the votes FACTS: This is a petition for prohibition
cast in the plebiscite shall become effective as to principally to restrain the resp. COMELEC from
the day of the plebiscite. undertaking to hold a plebiscite on 11/8/71 at w/c
the proposed constitutional amendment reducing
II. RATIFICATION the voting age in Sec. 1 of Art V of the 1935
Consti. to 18 yrs. shall be submitted for
1. In Case of Amendment Proposed ratification by the people pursuant to Organic
by Congress or Convention Resolution No. 1 of the Con Con of 1971 and the
subsequent implementing resolutions, by
Art. XVII, Sec. 4. Any amendment to, or declaring said resolutions to be w/o the force and
revision of, this Constitution under Section 1 effect of law in so far as they direct the holding of
hereof shall be valid when ratified by a majority such plebiscite and by also declaring the acts of
of the votes cast in a plebiscite which shall be the resp. COMELEC performed and to be done by
held not earlier than sixty days nor later than it in obedience to the aforesaid Con Con to be null
ninety days after the approval of such and void, for being violative of the Consti.
amendment or revision. The main thrust of the petition is that
Organic Resolution No. 1 and the other
2. In Case of Amendment Proposed implementing resolutions thereof subsequently
through Initiative approved by the Con Con have no force and effect
as laws in so far as they provide for the holding of
Sec. 4. xxx Any amendment under Section 2 a plebiscite co-incident w/ the election of 8
hereof shall be valid when ratified by a majority senators and all city, provincial and municipal
of the votes cast in a plebiscite which shall be officials to be held on 11/8/71, hence all of the
held not earlier than sixty days nor later than Comelec's acts in obedience thereof and tending
ninety days after the certification by the to carry out the holding of the plebiscite directed
Commission on Elections of the sufficiency of the by said resolutions are null and void, on the
petition. ground that the calling and holding of such a
plebiscite is, by the Consti., a power lodged
3. Plebiscite to Be Called by exclusively in Congress, as a legislative body, and
Congress And Supervised by COMELEC But may not be exercised by the Convention, and
The Initiative on Constitution Will Be Called that, under Sec. 1, Art. XV of the 1935 Consti.,
By COMELEC. the proposed amendment in question cannot be
presented to the people for ratification separately
from each and all of the other amendments to be
III. THEORIES REGARDING THE drafted and proposed by the Convention.
POSITION OF THE ISSUE: In the case at bar, the ultimate question
CONSTITUTIONAL CONVENTION is: Is there any limitation or condition in Sec. 1,
IN OUR SYSTEM OF GOVERNMENT Art. XV of the Consti. w/c is violated by the act of
the convention of calling for a plebiscite on the
sole amendment contained in Organic Resolution
Cruz: Position of the Constitutional
No. 1?
Convention.-- There are 3 theories on the
HELD: The Court holds that there is, and it is the
relative position of the constitutional convention
condition and limitation that all the amendments
vis-à-vis the regular departments of the
to be proposed by the same Convention must be
government:
submitted to the people in a single "election" or
1. Theory of Conventional Sovereignty.--
plebiscite.
The first holds that the constitutional convention

114
In order that a plebiscite for the very source of all powers of govt, including the
ratification of an amendment to the Consti. may Constitution itself.
be validly held, it must provide the voter not only Since, when proposing, as a constituent
sufficient time but ample basis for an intelligent assembly, amendments to the Consti., the
appraisal of the nature of the amendment per se members of Congress derive their authority from
as well as its relation to the other parts of the the Fundamental Law, it follows, necessarily, that
Consti. w/ w/c it has to form a harmonious whole. they do not have the final say on w/n their acts
In the context of the present state of things, are w/in or beyond constitutional limits.
where the Convention has hardly started Otherwise, they could brush aside and set the
considering the merits of hundreds, if not same at naught, contrary to the basic tenet that
thousands, of proposals to amend the existing ours is a govt of laws and not of men, and to the
Consti., to present to the people any single rigid nature of our Consti. xxx
proposal or a few of them cannot comply w/ this
requirement. Under Sec. 1, Art. XV of the Judicial power to nullify executive or legislative
Consti., a proposal to amend the Consti., should acts, not violative of principle of separation of
be submitted to the people not separately from powers.-- The system of checks and balances
but together w/ all the other amendments to be underlying the judicial power to strike down acts
proposed by this present Convention. of the Executive or of the Congress transcending
the confines set forth in the fundamental law is
Limits to the power of a constitutional not in derogation of powers, pursuant to w/c each
convention.-- As to matters not related to its dept. is supreme w/in its own sphere.
internal operation and the performance of its
assigned missions to propose amendments to the
Consti., the convention and its officers and Tolentino v. COMELEC, supra.
members are all subject to all the provisions of ISSUE: W/N SC has jurisdiction over acts of
the existing Consti. Now we hold that even as to Constitutional Convention?
its latter task of proposing amendments to the HELD: YES.
Consti., it is subject to the provisions of Sec. 1 of The courts may review the validity of an
Art. XV. This must be so, bec. it is plain to us act of the Constitutional Convention proposing a
that the framers of the Consti. took care that the particular amendment to the Consti. xxx
process of amending the same should not be Power to review acts of the constitutional
undertaken w/ the same ease and facility in convention.-- A constitutional convention is
changing an ordinary legislation. RAM. supreme w/in the domain of its legitimate
authority. A revolutionary convention w/c drafts
IV. JUDICIAL REVIEW OF THE the first Consti. of an entirely new govt born
either of war or liberation from a mother country
AMENDING PROCESS or of a revolution against an existing govt or of a
bloodless seizure of power a la coup d' etat is
Gonzales v. COMELEC, supra.
completely w/o restraint and omnipotent. The
The issue w/n a Resolution of Congress--
1971 Con Con, however, came into being only by
acting as a constituent assembly-- violates the
virtue of the provisions of the 1935 Consti.
Constitution is essentially a justiciable, not
True it is that once convened, this
political (question), and hence, subject to judicial
convention became endowed w/ extraordinary
review.
powers generally beyond the control of any dept
of the existing govt, but the compass of such
Nature of Power to Amend the Constitution.--
powers can be can be co-extensive only with the
The power to amend the Consti. or to propose
purpose for which it was called and as the
amendments thereto is not included in the
amendments it may propose cannot have any
general grant of legislative powers to Congress.
effect as part of the Consti. until the same are
It is a part of the inherent powers of the people--
ratified by the people, it necessarily follows that
as the repository of sovereignty in a republican
the acts of the Convention, its officers and
state, such as ours-- to make, and hence, to
members, are not immune from attack on
amend their own fundamental law. Congress
constitutional grounds. The present Consti is in
may propose amendments to the Consti. merely
full force and effect in its entirety and in everyone
bec. the same explicitly grants such power.
and its parts, the existence of the Convention
Hence, when exercising the same, it is said that
notwithstanding, and operates even within the
Senators and Members of the HReps. act, not as
walls of that assembly. As the Consti Convention
members of Congress but as competent elements
is subject to the Constitution and the rule of law,
of a constituent assembly. When acting as such,
thus upon principle, reason of authority, it is
the members of Congress derive their authority
within the power, as it is the solemn duty of the
from the Consti., unlike the people, when
court, under the existing Consti (1935) to resolve
performing the same function, for their authority
the issues in this case.
does not emanate from the Consti.-- they are the

115
Rationale for the power of judicial review.-- In

upholding the jurisdiction of the Court over the
case at bar, it is not bec. the Court is superior to
the Con Con or that the Convention is subject to
the control of the Court, but simply bec. both the
Con Con and the Court are subject to the Consti.
and the rule of law, and "upon principle, reason
and authority," per J. Laurel, it is w/in the power,
as it is the solemn duty of the Court under the
existing Consti., to resolve the issues in w/c
petitioner, respondents and intervenors have
joined in this case. RAM.
Javellana v. Executive Secretary

By virtue of the majority of six votes w/
four dissenting votes, all the cases were
dismissed. This being the vote of the majority,
there is no further judicial obstacle to the New
Constitution being considered in force and effect.
Art. VIII, Sec. 1. The judicial power shall be

vested in one Supreme Court and in such lower
courts as may be established by law.
xxx
V. WHEN WILL PROPOSED

AMENDMENTS TAKE EFFECT?
Compare Art. XVII, Sec. 4 with Art. XVIII, Sec. 27
Art. XVII, Sec. 4. Any amendment to, or

revision of, this Constitution under Section 1
hereof shall be valid when ratified by a majority
of the votes cast in a plebiscite which shall be
held not earlier than sixty days nor later than
ninety days after the approval of such
amendment or revision.
Any amendment under Section 2 hereof
shall be valid when ratified by a majority of the
votes cast in a plebiscite which shall be held not
earlier than sixty days nor later than ninety days
after the certification by the Commission on Elec-
tions of the sufficiency of the petition.
Art. XVIII, Sec. 27. This Constitution shall take

effect immediately upon ratification by a majority
of the votes case in a plebiscite held for the
purpose and shall supersede all previous
Constitutions.xxx
Recall De Leon v Esguerra, 153 SCRA 602

(1987) which held that: The 1987 Constitution
took effect on February 2, 1987, the date of the
plebiscite not on February 11, 1987, the date of
Proclamation No. 58, which proclaimed that the
Constitution was ratified by the people.


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1

Types of Constitutional Law.-- In general, there

(1) the English type, characterized by the

A constitution is both a legal document Such a view found acceptance in the

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

The Philippine Constitution is both written Section 2. The Commission shall

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

Seven (7) rules of avoidance of

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

Rescue Army case A person has standing to challenge the

B. Conditions for the Exercise of Judicial Tan vs. Macapagal

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

An issue is a political question when it PBA v COMELEC,

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

The case of Serrano de Agbayani v PNB is in

But a law declared unconstitutional is [The orthodox view was announced by

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

But if we take the unorthodox view, as

 The Archipelagic Doctrine: Bodies of water

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

 ARTICLE XIII, Section 1, 1987 3. Electors, as used in:

The Congress may, by law, adopt a new name for

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

 President 1. Naturalization (Com. Act No. 63 and

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

2. Repatriation Failure to comply with the posting and

3. Legislative Act  CASE: Labo v. COMELEC [176 SCRA

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

A de jure government has rightful title but no

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

 Characteristics of the 3rd kind of de facto  What is JURISDICTION?

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

 What is the procedure to be followed

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

 CASE: Malong v. PNR [138 SCRA 63  CASE: Commissioner of Public

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

No. of votes 3. Election

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

Ligot v. Mathay "Said expression refers to utterances made by

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

This Court held itself bound by an authenticated

The Court upheld the 15 month suspension, but

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

(2) Special Sessions

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

m. Power of impeachment v. Consequence of impeachment

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

Bengzon vs. Drilon d. Legislative vetoes