Maryline S.

Brojan College of Law 1-B

CONSTITUTIONAL LAW 1 REVIEWER FINALS
Concept
Government is the agency or the instrumentality through which the will of the people of the State is
formulated, expressed and realized
Government of the Republic of the Philippines is the corporate governmental entity through which the
functions of government are exercised throughout the Philippines
Types of Government
Establishment
De Jure has the rightful title but no power or control
De Facto has power or control but no legal title
De Facto Proper - usurps by force or by voice of majority, the rightful legal government
Revolution legal/legitimate; people power; will of the people/majority reigns supreme
Rebellion illegal; did not ripen into revolution
Division of Powers
1. Concentration of Powers
a. Democratic will of the people
b. Monarchy kings, queens
c. Oligarchy rule of the few
Center of Authority
2. Centralization of Control/Authority
a. Presidential
b. Dictatorship
c. Parliamentary
Distinction (Presidential and Parliamentary)
I Separation/fusion of powers
II Head of Executive is elected by the people/chosen by the Legislative
III Cabinet cannot/can be dissolved

Accountability to the Citizens

Civilian supremacy
Peoples sovereign will
May be subject of recall or impeachment

Functions
Prime Duty of the Government (Sec 4, Art 2)
To serve and protect the people
Constituent VS Ministrant
Constituent -power of the people
-Only the government can perform such functions
-protection, peace and order, safety and security
1. The keeping of order and providing for the protection of persons and property from violence and
robbery.
2. The fixing of the legal relations between man and wife and between parents and children.
3. The regulation of the holding, transmission and interchange of property and the determination of its
liabilities for debt or for crime.
4. The determination of contract rights between individuals.
5. The definition and punishment of crime.
6. The administration of justice in civil cases.
7. The determination of the political duties, privileges and relations of citizens.
8. Dealings of the state with foreign powers: the preservation of the state from external danger or
encroachment and the advancement of its international interests.
Ministrant -may be exercised by the private sector but is being exercised by the government since it has
the better machinery
-developmental, progress, potential
1. public works

2. public education

4. Health and safety regulations

5. Regulations of trade and industry

3. public charity

Principles (whether or not a government shall exercise certain of these optional functions)
1. That a government should do for the public welfare those things which private capital would not
naturally undertake
2. That a government should do these things which by its very nature it is better equipped to
administer for the public welfare than is any private individual or group of individuals

Laissez-faire VS Welfare State

Laissez-faire
Doctrine opposing governmental interference in economic affairs beyond the minimum
necessary for the maintenance of peace and property rights
Welfare State
Government is actively involved in all affairs of the State

Duties
Doctrine of Parens Patriae
Government as guardian of the rights of the people may initiate legal actions for and in behalf of
a particular individual

Government Structure
Levels of Government
1. National not subdivided; entire nation as its scope
2. Local divided into political subdivisions:
a. Autonomous regions
b. Provinces
c. Municipalities and cities
d. Barangays

Branches of Government
Reflect the different functions of the government
Government exercises its function to serve and protect the people
To prevent abuse, power is lodged in 3 branches

Government Powers/Functions
Principles
Coequal
Supreme within its own sphere
Not one can tell the other what to do
Interdependence or blending of powers
All 3 branches work together to achieve one purpose, that is, to serve and protect the people
Separation of powers
Mandate: non-encroachment; performance of the specific power lodged
Checks and balances
Purpose: to prevent abuse of authority and to promote cooperation to ensure balance of
perspectives
Limit to the power of branches
Ends where the power of the other begins
Justiciable and Political Questions
Political question - people as the sole judge
-addressed to the exercise of legislative power
-may not be subject to judicial review
Political power - power of the people
-enactment of laws by the legislative body
Justiciable question
-implies a given right, legally demandable and enforceable, an act or omission violative of such right, and
a remedy granted and sanctioned by law, for said breach of right
-subject to judicial review

LEGISLATIVE
SENATE

HOUSE OF
REPRESENTATIVES

composition or
appointment

Sec 2 Art 6
24 Senators elected
at large by qualified
voters

qualifications

Sec 3 Art 6
-natural-born
-at least 35 y/o on
election day
-able to read and
write
-registered voter
-resident of the Phil
for not less than 2
years prior election

Sec 5 Art 6
-not more than 250
members unless fixed
by law and result of
legislative districts
apportioned
-20% party-list
representatives
Sec 6 Art 6
-natural-born
-at least 25 y/o on
election day
-able to read and
write
-registered voter in
the district he wants
to represent and a
resident for at least 1
year prior
election(except partylist rep)

EXECUTIVE
PRESIDENT

VICE PRESIDENT

-The President and the Vice President are

elected by direct vote of the people.
-Cabinet members
-all government agencies

Sec 2 Art 7
-natural-born
-registered voter
-able to read and
write
-at least 40 y/o on
election day
-resident of the Phil
for at least 10 years
prior election

Sec 2 Art 7
-natural-born
-registered voter
-able to read and
write
-at least 40 y/o on
election day
-resident of the Phil
for at least 10 years
prior election

JUDICIAL
SUPREME COURT

Sec 9 Art 8
-Members of the SC and
judges of the lower
court shall be appointed
by the Pres from a list of
nominees by the JBC
-15 SC members
Sec 7 Art 8
-natural-born
-at least 40 y/o
-judge for 15 years of a
lower court

term

Sec 4 Art 6
6 years per term,
not more than 2
consecutive terms

Sec 7 Art 6
3 years per term, not
more than 3
consecutive terms

Sec 4 Art 7
6-year term and not
eligible for reelection

Sec 4 Art 7
6-year term and not
more than 2
successive terms

power or
privilege

General
Enactment of laws
Specific
Appropriation, taxation and expropriation
Propose amendments and impeachment
Procedural rules and discipline of members

General
Enforcement and administration of laws
Specific
Emergency power, pardon, amnesty, treaties,
national budget, control over all departments

limit or
disqualification

Sec 14 Art 6
-may not appear as counsel
-shall not be financially in contract with or in
any franchise granted by the government
-shall not intervene in any matter before any
office of the government for his benefit

Sec 13 Art 7
-shall not hold any other office during term
-shall not practice any other profession
-shall not be financially in contract with or in
any franchise granted by the government
-shall strictly avoid conflict of interest in the
conduct of their office
-spouse and relatives shall not be appointed in
government offices

Holds office during good

behavior until they
reach 70 y/o or become
incapacitated to
discharge duties
-To settle actual legal
controversies
(defining, interpreting
and construing the law)
-constitutionality/grave
abuse of discretion
-Fiscal autonomy
Sec 14 Art 8
-No decision shall be
rendered by any court
without expressing
clearly the facts and the
law upon which it is
based
-No petition for review
or motion for
reconsideration of a
decision shall be refused
due course

LEGISLATIVE-ARTICLE VI
Nature
Section 1. The Legislative power shall be vested in the Congress of the Philippines which shall consist of
a Senate and a House of Representatives, except to the extent reserved to the people by the provision
on initiative and referendum.
Derivative derived from law, specifically the Constitution (will of the people)
Any law passed by Congress must be subordinate to the Constitution.
Plenary may legislate on any subject matter (may not pass an irrepealable law)
Limit: The Constitution only stipulated what may not be the subject of legislation. It did not
stipulate what will or should be the subject of legislation.
Delegated by the Filipino people, cannot be delegated further (doctrine of non-delegation)
House of Representatives and Senate
Bicameralism
1. Allows for a body with national perspective to check the parochial tendency of representatives
elected by district
2. Allows for more careful study of legislation
3. Makes the legislature less susceptible to control by the Executive
4. Serves as training ground for national leaders
Unicameralism
-

Simplicity of organization resulting in economy and efficiency, facility in pinpointing

responsibility for legislation and avoidance of duplication

Legislative power authority to make laws and to alter or repeal them

Kinds
Original VS Derivative

Original possessed by the sovereign people

Derivative delegated by the sovereign people to legislative bodies and is subordinate to the
original power of the people (power vested in Congress)

Constituent VS Ordinary

Constituent power to amend or revise the Constitution (amendatory process)

Ordinary power to pass ordinary laws (initiative and referendum)

Limitation
Limits on Legislative Power
Substantive curtail the contents of a law
Procedural curtail the manner of passing laws
Lecture: The constitutionality of a law limits acts of Congress. If a law is declared
unconstitutional, it ceases to exist.
Plenary
The legislative power of Congress is plenary. It may legislate on any subject matter as long as the
substantive and procedural limits in the Constitution are observed.
Congress may not pass irrepealable laws. The power of present and future legislatures must
remain plenary.
When one legislature attempts to pass an irrepealable law, to that extent it attempts to limit the
power of future legislatures. The power of any legislature can be limited only by the
Constitution.
Delegation of Legislative Power
Congress may not delegate its legislative power. It must remain where the people have lodged
it.
Exceptions:
1. Immemorial practice legislative power may be delegated to local governments
2. The Constitution itself might in specific instances allow delegation of legislative
power. (Sec 23 par 2 and Sec 28 par 2 of Art 6)
The scope is only as far as Congress allows it. Delegated legislation may not violate a statute.
What is delegated to administrative agencies is not legislative or law-making power but rulemaking power or law execution.
The delegating law must be: (qualities/characteristics)
a. Complete in itself it must set forth therein the policy to be carried out or
implemented by the delegate
b. Fix a standard the limits of which are sufficiently determinate or determinable, to
which the delegate must conform in the performance of his functions

 Rationale of the grant of legislative power:

- Specialized in the particular field assigned to them, they can deal with the problems
with more expertise than can be expected from the legislature or the courts of justice.
They may have the force of penal law provided:
a. The delegating statute itself must specifically authorize the promulgation of penal
regulations.
b. The penalty must not be left to the administrative agency but must be provided by
the statute itself.
c. The regulation must be published in the Official Gazette or a newspaper of general
circulation
It is not for the courts to fix the term of imprisonment where no points of reference have been
provided by the legislature.
- What valid delegation presupposes and sanctions is an exercise of discretion to fix the
length of service which must be served within specific or designated limits provided by
law.
- The absence of which constitutes undue delegation and is an outright intrusion or
assumption of legislative power.
Section 5 (2) The party-list representatives shall constitute 20% of the total number of representatives
including those under the party list.
Structure/Rules
Classification
District Representatives each representing one congressional district
Party-list Representatives elected through the party-list system
Party-list System
During congressional elections, such parties or organizations are voted for at large, and the
number of seats a party or organization will get, out of the 20% allocated for party-list
representatives, will depend on the number of votes garnered nationwide.
Purpose:
- To democratize political power by encouraging the growth of a multi-party system
- To give power to those who traditionally do not win in elections
Qualifications under RA 7941 (Sec 5):
1. The parties or organizations must represent the marginalized and underrepresented in
Section 5 of RA 7941.
2. Political parties who wish to participate must comply with this policy.

3. The religious sector may not be represented.

4. The party or organization must not be disqualified under Section 6 of RA 7941.
5. The party or organization must not be an adjunct of or a project organized or an entity
funded or assisted by the government.
6. Its nominees must likewise comply with the requirements of law.
7. The nominee must likewise be able to contribute to the formulation and enactment of
legislation that will benefit the nation.
Disqualifications: (Sec 6 RA 7941)
1. It is a religious sect or denomination, organization or association organized for religious
purposes.
2. It advocates violence or unlawful means to seek its goal.
3. It is a foreign party or organization.
4. It is receiving support from any foreign government, foreign political party, foundation,
organization, whether directly or through any of its officers or members or indirectly
through third parties for partisan election purposes.
5. It violates or fails to comply with laws, rules or regulations relating to elections.
6. It declares untruthful statements in its petition.
7. It has ceased to exist for at least 1 year.
8. It fails to participate in the last 2 preceding elections or fails to obtain at least 2% of the
votes cast under the party-list system in the 2 preceding elections for the constituency in
which it has registered.
Religious leaders may be elected or selected as sectoral representatives. The prohibition is
against the representation of religious sectors but not against religious leaders becoming
representatives.
Party-list nominee qualifications to be determined by COMELEC:
1. Natural-born citizen
2. Registered voter
3. Resident for not less than 1 year immediately preceding election day
4. Able to read and write
5. Bona fide member of the party or organization which he seeks to represent for the last 90
days preceding election day
6. At least 25 y/o on election day
Distribution among parties:
1. 20% allocation combined number of all party-list congressmen shall not exceed 20% of the
total membership of the House of Representatives, including those elected under the partylist
2. 2% threshold only those parties garnering a minimum of 2% of the total valid votes cast
for the party-list system are qualified to have a seat in the House of Representatives

3. Three-seat limit each qualified party, regardless of the number of votes it actually
obtained, is entitled to a maximum of 3 seats (1 qualifying and 2 additional seats)
4. Proportional representation additional seats which the qualified party is entitled to shall
be computed in proportion to their total number of votes

Section 5 (3) Each legislative district shall comprise, as far as practicable, contiguous, compact and
adjacent territory. Each city with a population of at least 250, 000, or each province, shall have at least
one representative.
Representative districts are created by law.
The creation of legislative districts does not need confirmation by plebiscite if it does not involve
the creation of a local government unit.
Representative districts apportioned among provinces, cities and municipalities is done in
accordance with the number of their respective inhabitants and on the basis of a uniform and
progressive ratio, in line with the concept of equality of representation which is a basic principle
of republicanism.
Each province, irrespective of population, is entitled to one representative; each city with a
population of at least 250,000 is entitled to at least one representative.
Gerrymandering is the formation of one legislative district out of separate territories for the
purpose of favoring a candidate or a party.
- Unconstitutional (goes against the territorial requirement, contiguous and adjacent)
- Not absolute (stated in the Constitution, as far as practicable)
Compensation
Section 10 The salaries of Senators and Members of the House of Representatives shall be determined
by law. No increase in said compensation shall take effect until after the expiration of the full term of all
the Members of Senate and the House of Representatives approving such increase.
Purpose: To place a legal bar to the legislators yielding to the natural temptation to increase
their salaries
Privileges
Section 11 A Senator or Member of the House of Representatives shall, in all offenses punishable by not
more than 6 years imprisonment, be privileged from arrest while the Congress is in session. No member

shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in
any committee thereof.
Scope:
1. Protection only against forums other than the Congress itself; does not protect
assemblyman against the disciplinary authority of Congress but is absolute protection
against suits for libel
2. Speech or debate includes utterances made in the performance of official functions, such as
speeches delivered, statements made, votes cast, as well as bills introduced and other acts
done in the performance of official duties
Purpose: To leave the legislator unimpeded in the performance of his duties and free
from fear of harassment from outside
Records and Journals
Section 16 (4) Each House shall keep a journal of its proceedings, and from time to time publish the
same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on
any question shall, at the request of 1/5 of the members present, be entered in the journal.
Purpose:
1. To insure publicity to the proceedings of the legislature and a correspondent responsibility
of the members to their respective constituents
2. To provide proof of what actually transpired in the legislature
Journal
- official document which is binding and conclusive upon the courts
-no oral testimony against it is admissible
Enrolled bill
-signed by the Senate President and the Speaker of the House with the attestation of
the secretaries of both houses of Congress, ready for submission to the President
-official copy of approved legislation and bears the certification of the presiding officer
of the legislative body
Enrolled Bill Doctrine
The signing of a bill by the Speaker of the House and the President of the Senate
and the certification by the secretaries of both Houses of Congress that such bill
was passed are conclusive of its due enactment

 The enrolled bill theory is based mainly on the respect due to a coequal department. When such
coequal department itself repudiates the enrolled bill, then the journal must be accepted as
conclusive.
Electoral Tribunal
Section 17 The Senate and the House of Representatives shall each have an electoral tribunal which
shall be the sole judge of all contests relating to the election, returns and qualifications of their
respective members.
9 members 3 Justices from the Supreme Court and 6 from Congress
Senior Justice of the Supreme Court as chairman
The jurisdiction of the Electoral Tribunal to be the sole judge comes only after a valid
proclamation of a winner.
Commission on Appointments
Section 18 There shall be a Commission on Appointments consisting of:

Senate President as ex-officio chairman

- shall not vote, except in case of a tie

12 Senators and 12 Members of the House of Representatives

The commission shall act on all appointments submitted to it within 30 session days.
The commission shall rule by a majority vote of all its members.
Function: The COA acts as a legislative check on the appointing authority of the President. For
the effectivity of the appointment of certain key officials enumerated in the Constitution, the
consent of the COA is needed.

Legislative Investigations
Section 21 The Senate of the House of Representatives or any of its respective committees may
conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The
rights of persons appearing in or affected by such inquiries shall be respected.
Purpose: The power of inquiry, with process to enforce it, is an essential and appropriate
auxiliary to the legislative function. A legislative body cannot legislate wisely in the absence
of information intended to affect or change, recourse must be had to posses it
Section 22 Heads of departments shall appear before and be heard by both houses on any matter
pertaining to their departments

Written questions are submitted to the Senate President or the Speaker of the House at
least 3 days before their scheduled appearance
Interpellations shall not be limited to written questions, but may cover matters related
thereto
If it involves the security of the State or public interest, the appearance shall be conducted
in executive session

Declaration of State of War

Section 23 (1) The Congress, by a vote of 2/3 of both houses in joint session assembled, voting
separately, shall have the sole power to declare the existence of a state of war.

Grant of Emergency Power

Section 23 (2) In times of war or other national emergency, the Congress may by law authorize the
President, for a limited period and subject to such restrictions as it may prescribe to exercise powers
necessary and proper to carry out a declared national policy. Unless sooner withdrawn by a resolution of
the Congress, such power shall cease upon the next adjournment thereof.
Appropriation
Section 24 All appropriations, revenue or tariff bills, bills authorizing increase of the public debt, bills of
local application and private bills shall originate exclusively in the House of Representatives but Senate
may propose or concur with amendments.
Section 25 (1) The Congress may not increase the appropriations recommended by the President for the
operation of the government as specified in the budget. The form, content and manner of preparation
of the budget shall be prescribed by law.
(4) A special appropriations bill shall specify the purpose for which it is intended and shall be supported
by funds actually available as certified by the national treasurer or to be raised by a corresponding
revenue proposal therein.
(5) No law shall be passed authorizing any transfer of appropriations; however the President, Senate
President, Speaker of the House, Chief Justice and Heads of Constitutional Commissions may, by law, be
authorized to augment any item in the general appropriations law for their respective offices from
savings in other items of their respective appropriations.
(7) If by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill
for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed
reenacted and shall remain in force and effect until the general appropriations bill is passed by the
Congress.

Bills to Laws; Veto

Passage of a bill:
1.
2.
3.
4.

Introduction
Calendared for first hearing
Forwarded to appropriate committee
If favorable, moves to second hearing (debate, amendments, discussion of bill author)
If unfavorable, archived
5. Third hearing (no amendments allowed, can only be stopped by votes)
6. If approved, passed on the other house
If existing already, provisions will be harmonized
7. Signed by both houses = enrolled bill
Section 27 Every bill passed by Congress shall, before it becomes a law, be presented to the President.

If he approves, he shall sign it and it becomes a law.

If he does not approve, he shall veto it and return it with his objections to the house where it
originated.
- Objections entered at large in its journal and proceed to reconsider it
After reconsideration, if 2/3 of the members of the house agree to pass it, it shall be sent to the
other house with the objections.
After reconsideration of the other house with 2/3 of the members of the house concurring, it
shall become a law.

In all cases, the votes of each house shall be determined by the yeas and nays and the names of
the members voting for or against shall be entered in its journal. The President shall
communicate his veto of any bill to the house where it originated within 30 days after the date
of receipt thereof; otherwise it shall become a law.

(2) The President shall have the power to veto any particular item or items in an appropriation, revenue,
or tariff bill but the veto shall not affect the item or items to which he does not object.

Enrolled bill becomes a law:

1. If President approves
2. If President did not do anything after 30 days of receipt, automatically becomes a law
3. If President did not approve, returned to the House of Rep and Senate(2/3 vote) to pass into law

Power to Tax
Section 28 (1) The rule of taxation shall be uniform and equitable. The Congress shall evolve a
progressive system of taxation.
(2) The Congress may, by law, authorize the President to fix within specified limits and subject to such
limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and
wharfage dues and other duties or imposts within the framework of the national development program
of the government.
(3) Those used for religious, charitable or educational purposes shall be exempt from taxation.
(4) No law granting any tax exemption shall be passed without the concurrence of a majority of all the
members of the Congress.
Purpose: The primary purpose of the power to tax is to raise revenue (also an instrument of
national economy and social policy)
Limit: The power to tax exists for the general welfare. It should be exercised for a public purpose
only.
A tax is uniform, within the Constitutional requirement, when it operates with the same force
and effect in every place where the subject of it is found.
A tax system is progressive when the rate increases as the tax base increases.
The legislative may delegate the power to tax to the executive. It is authorized by the
Constitution, under Section 28, Article 6.

EXECUTIVE ARTICLE VII

Nature
Section 1 The executive power shall be vested in the President of the Philippines.
Section 3 There shall be a Vice-President (same qualifications, etc with President). He may be appointed
as a member of the Cabinet which requires no confirmation.
Only Constitutional function is to act as President when needed or to succeed presidency in
case of vacancy
Privileges
Executive Privilege power of the President to withhold certain types of information from the courts,
the Congress and ultimately to the public

 Types of Information:
1. Conversations and correspondence between the President and the public official
covered by this executive order
2. Military, diplomatic and other national security matters which in the interest of
national security should not be divulged
3. Information between inter-government agencies prior to the conclusion of treaties
and executive agreements
4. Discussion in close-door Cabinet meetings
5. Matters affecting national security and public order
Doctrine of Executive Privilege
Certain information must, as a matter of necessity, be kept confidential in pursuit of public
interest.
The necessity must be of such high degree as to outweigh the public interest in enforcing
that obligation in a particular case
Must be claimed with sufficient particularity to enable Congress or the court to determine
its legitimacy
Immunity from Suit
To assure the exercise of Presidential duties and functions free from any hindrance of
distraction
May be invoked by the President alone
Unlawful acts of public officials are not acts of the State and the officer who acts illegally is not
acting as such but stands in the same footing as any other trespasser
Powers
Police Power
Power of promoting public welfare by restraining and regulating use of liberty and property
It is an inherent and plenary power of the state which enables it to prohibit all that is hurtful to
the comfort, safety and welfare of society
It is the most pervasive, the least limitable and the most demanding of the 3 powers
It may be exercised so long as the activity sought to be regulated has some relevance to public
welfare
Law of Basic Overruling Necessity state has the power to restrain and regulate the use of
liberty and property for the promotion of public welfare
Requisites:
1. Lawful subject within the scope of police power, affects public welfare
2. Lawful means necessary for accomplishment and not unduly oppressive to individuals

Power of Eminent Domain

Power of the state to forcibly take private property for public use upon payment of just
compensation
Basis: necessity of the property for public use
Requisites:
1. Necessity must be of public character
2. Private property all private property capable of ownership except money and choses in
action
Chose in action propriety right such as debts, stock shares , damages
3. Taking appropriation and possession
4. Public use available to the general public as a matter of right
5. Just compensation fair equivalent of property taken
6. Due process of law right to be heard in the determination of fair market value of property
Power of Taxation
Power by which the sovereign, through its law-making body, raises revenue to defray the
necessary expenses of government
It is a way of apportioning the costs of government among those who in some measure are
privileged to enjoy its benefits and must bear its burdens

Taxes are enforced proportional contributions from persons and property, levied by
the State by virtue of its sovereignty for the support of government and for all
public needs
Scope: it covers persons, property or occupation to be taxed within the taxing
jurisdiction; it is inherent in the power to tax that a state be free to select the
subjects of taxation

Who may exercise?

1. Law-making bodies of LGUs (Sec 5 Art 10)
2. President (Sec 28 Art 6)
Limitations:
1. Inherent limitations
a. Public purpose
b. Non-delegability of power
c. Territoriality or situs of taxation
d. Exemption of government from taxation
e. International comity

2. Constitutional limitations
a. Due process of law
b. Equal protection of law
c. Uniformity, equitability and progressivity of taxation
d. Non-impairment of contracts
e. Non-imprisonment for non-payment of poll tax
f. Revenue and tariff bills must originate in the House of Representatives
g. Non-infringement of religious freedom
h. Tax exemption of properties
i. Majority vote of all members of Congress for grant of exemptions
j. Non-impairment of the Supreme Courts jurisdiction in tax cases
k. Tax exemptions for educational institutions
Tax Exemptions
- No law granting any tax exemption shall be passed without the concurrence of a
majority of all the members of Congress
a. Charitable institutions
b. Non-stock and non-profit educational institutions
c. Proprietary educational institutions
d. Educational purposes
Limitations
Section 13 They shall not, during their tenure, directly or indirectly practice any other profession,
participate in any other business or be financially interested in any contract with, or in any franchise, or
special privilege granted by the government or their subsidiaries. They shall strictly avoid conflict of
interest in the conduct of their office.
The spouse and relatives by consanguinity or affinity within the 4th civil degree of the President, shall not
during his tenure be appointed as members of the constitutional commissions or the office of the
ombudsman or as secretaries, under secretaries, chairmen or heads of bureaus or offices including
government-owned or controlled corporations and their subsidiaries.
Section 15 Two months immediately before the next Presidential elections and up to the end of his
term, he shall not make any appointments except temporary appointments to executive positions when
continued vacancy will prejudice public service or endanger public safety.
Chief Executive
The President is the executive and no one else is. The head of the executive departments occupy
political positions and hold office in an advisory capacity and should be the Presidents bosom,
subject to his direction.

Commander-in-Chief
Section 18
A civilian President holds supreme military authority and is the ceremonial, legal and
administrative head of the armed forces.
The Constitution does not require that the President must have military training.
As Commander-in-Chief, he has the power to direct military operations and to determine
military strategy.
Although actual command of the armed forces is delegated to military experts, the ultimate
power is vested on him
The President as Commander-in-Chief is authorized to:
1. To call out such armed forces to prevent or suppress lawless violence, invasion or rebellion
2. To suspend the privilege of the writ of habeas corpus
3. To place the Philippines or any part thereof under martial law
Executive Clemency
Section 19 Except in cases of impeachment or as otherwise provided by the Constitution, the President
may grant the following forms of executive clemency:
1.
2.
3.
4.
5.

Reprieves postpones execution of an offense to a day certain

Commutations remission of a part of punishment, substitution of a less penalty
Pardons
Remission of fines and forfeitures prevents collection of fines or confiscation of property
Amnesty

Pardon is an act of grace, proceeding from the power entrusted with the execution of the
laws, which exempts the individual on whom it is bestowed from the punishment the law inflicts
for a crime he has committed
Granted by the Chief executive, private act which must be pleaded and proved by the
person pardoned, granted after conviction, looks forward-relieves offender from
consequences
Amnesty general pardon to rebels for their treason and other high political offenses or
forgiveness which one sovereign grants to the subjects of another who have offended by some
breach of the law of the nation
Proclamation of the President with the concurrence of Congress, public act which courts
should take judicial notice, granted before criminal prosecution, looks backwardabolishes offense

Contractual Authority
Section 20 The President may contract or guarantee foreign loans on behalf of the Republic of the
Philippines with the prior concurrence of the Monetary Board and subject to such limitations as
provided by law.
Section 21 No treaty or international agreement shall be valid unless concurred in by at least 2/3 of all
the members of the Senate.
Foreign relations of the President:
1. The power to negotiate treaties and international agreements
2. The power to appoint ambassadors and other public ministers and consuls
3. The power to receive ambassadors and other public ministers accredited to the Philippines
4. The power to contract and guarantee foreign loans on behalf of the Republic
5. The power to deport aliens
Other Powers/Authority/Duties
Section 22 The President shall submit to the Congress within 30 days from the opening of every regular
session as the basis of the general appropriations bill, a budget of receipts and expenditures and sources
of financing, including receipts from existing and proposed revenue measures.
Annual Address to Congress
Section 23 The President shall address the Congress at the opening of its regular session. He may also
appear before it at any other time.
JUDICIAL ARTICLE VIII
Nature
Section 1 The judicial power shall be vested in one Supreme Court and in such lower courts as may be
established by law.
Judicial Power includes the duty of the courts of justice to settle actual controversies involving
rights which are legally demandable and enforceable and to determine whether or not there has
been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any
branch or instrumentality of the government
Section 2 The judiciary shall enjoy fiscal autonomy. Appropriations for the judiciary may not be reduced
by the legislature below the amount appropriated for the previous year and after approval, shall be
automatically and regularly released

Declaratory Relief/Justiciable Controversy

Section 4
(2) All cases involving the constitutionality of a treaty, international or executive agreement, or law,
which shall be heard by the SC en banc and all other cases which under the Rules of Court are required
to be heard en banc, including those involving the constitutionality, application, or operation of
presidential decrees, proclamations, orders, etc shall be decided by a majority of the members who took
part in deliberations
(3) Cases on matters heard by a division shall be decided or resolved with the concurrence of a majority
of the members who took part in deliberations (in no case without the concurrence of at least 3), when
not obtained, must be decided en banc
Jurisdiction
Section 5 The Supreme Court shall have the following powers:
1. Exercise original jurisdiction over cases affecting ambassadors and other public ministers and
consuls and over petitions for certiorari, prohibition, mandamus, quo warranto and habeas
corpus
2. Review, revise, reverse, modify or affirm on appeal or certiorari, as the law or the Rules of Court
may provide, final judgments and orders of lower courts in:
a. All cases in which the constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order, etc is in question
b. All cases involving the legality of any tax
c. All cases in which the jurisdiction of any lower court is in issue
d. All criminal cases in which the penalty imposed is reclusion perpetua or higher
e. All cases in which only an error or question of law is involved
3. Assign temporarily judges of lower courts to other stations as public interest may require
4. Order a change of venue or place of trial to avoid a miscarriage of justice
5. Promulgate rules concerning protection and enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission to the practice of law, the integrated bar,
and legal assistance to the underprivileged
6. Appoint all officials and employees of the judiciary in accordance with the Civil Service law
Section 6 The Supreme Court shall have administrative supervision over all courts and the personnel
thereof.
Legal Standing
A person has standing to challenge the validity of governmental act only if he has a personal and
substantial interest in the case such that he has sustained or will sustain direct injury as a result
of its enforcement.

Declaration of Unconstitutionality
The Supreme Court has rejected the view that an unconstitutional act confers no rights, imposes
no duties and affords no protection. Instead, the Court has adopted the view that before an act
is declared unconstitutional, it is an operative fact which can be the source of rights and duties.
Rules of Procedure/Admission to the Bar/Discipline
Section 8
(1) A Judicial and Bar Council is created under the supervision of the Supreme Court (CJ, Sec of
Justice, Rep from Congress, member of SC, rep of IBP, law prof and a rep from private sector)
(2) The regular members of the council shall be appointed by the Pres for a term of 4 years with the
consent of COA (service: 4 years-IBP rep, 3 years-law prof, 2 years-retired Justice, 1 year-private
sector rep)
(3) The Clerk of the SC shall be the secretary ex-officio of the council and shall keep a record of its
proceedings.
(4) The regular members of the council shall receive such emoluments as may be determined by the
SC and shall be provided in the annual budget.
(5) The council shall have the principal function of recommending appointees to the judiciary. It may
exercise such other functions and duties as the SC may assign to it.
Section 13 The conclusions of the SC in any case submitted to it for decision en banc or in division shall
be reached in consultation before the case is assigned to a member for the writing of the opinion of the
Court. A certification signed by the CJ shall be issued and a copy shall be served upon the parties. Any
member who took no part shall state the reason thereof.
Compensation/Security of Tenure
Section 10 The salary of the CJ and of the Associate Justices of the SC, and judges of the lower courts
shall be fixed by law. During their continuance in office, their salary shall not be decreased.
Although not clear stated, salaries of judges and justices are subject to income tax
Section 11 Members of the judiciary shall hold office during good behavior until 70 years or become
incapacitated to discharge the duties of their office.
Submission of Annual Report to the President and Congress
Section 16 The SC shall submit within 30 days from the opening of the regular session of Congress, an
annual report on the operations and activities of the judiciary.

CONSTITUTIONAL COMMISSIONS ARTICLE IX

Common Provisions
Section 1 The Con Com which shall be independent are the Civil Service Commission, COMELEC and
COA.
Qualifications
Section 2 No member shall, during his tenure hold any other office, engage in any other profession,
control any business, nor shall be directly or indirectly financially in contract with the government.
Authority to Promulgate Own Rules
Section 6 The Commission en banc may promulgate its own rules concerning pleadings and practice
before it or before any of its offices. Such rules shall not diminish, increase or modify substantive rights.
Review of Decisions
Section 7 Each commission shall decide by a majority vote of its members any case or matter brought
before it within 60 days from its submission for decision. A case is deemed submitted for resolution
upon the filing of the last pleading required by the commission itself. Unless otherwise provided, any
decision may be brought to the SC on certiorari by aggrieved party within 30 days from receipt of copy.
Civil Service Commission
Composition/Tenure
Section 1 The Civil Service shall be administered by the CSC composed of a chairman and 2
commissioners who shall be natural-born citizens of the Phil and at the time of their appointment at
least 35 y/o with proven capacity for public administration and must not have been candidates for any
elective position in the elections immediately preceding their appointment
Section 2 The chairman and commissioners shall be appointed by the Pres with consent of COA for a
term of 7 years without reappointment. (chairman-7 years, 1st com-5 years, 2nd com-3 years)
Disqualifications
Section 6 No candidate who has lost within 1 year such election may be appointed to any office in the
government
Section 7 No elective official shall be eligible for appointment on designation in any capacity to any
public office or position during his tenure.
Unless allowed by law or by the primary functions of his position, no appointive official shall hold any
other office in the government.

Function
Section 3 The CSC shall establish a career service and adopt measures to promote morale, efficiency,
integrity, responsiveness, progressiveness, and courtesy in the civil service. It shall strengthen the merit
and rewards system, integrate all human resources development programs for all levels and ranks and
institutionalize a management climate conducive to public accountability. It shall submit an annual
report on its personnel programs to the President and Congress.
To promote professionalism and efficiency in public service
Scope of Authority
Section 2 (1) The Civil Service embraces all branches, instrumentalities, subdivisions and agencies of the
government including government-owned or controlled corporations with original charters.
Security of Tenure
Guarantee against arbitrary impairment whether total or partial of the right to continue
in the position held
Right to Self-Organization
Sec 8 Art 3 Right to form unions for both private and public sector
Sec 2 (5) above section
Sec 3 Art 8 Right of all workers to self-organization
Double Compensation
Section 8 Shall not accept direct/indirect compensation from any foreign government
Commission on Elections