Consti Notes

CONSTITUTIONAL LAW
Kwin
May 30, 2011

DEFINITION OF POLITICAL LAW
It is a branch of public law that deals with the organization
and the relation of the different governmental lines and how
they relate with each other and the powers they are
supposed to exercise and the extent of exercise of the
powers as well as defining the relationship between the
government and the governed, or the states with other
sovereign states.
SCOPE OF POLITICAL LAW
So in terms of scope, it is broader than other laws that relates
to the government.
CONSTITUTIONAL LAW is just a branch of political law. It
deals with how to balance with authority on one hand and
rights of individuals. Because this pertains to government
limiting the rights of individuals as recognized by bill of
rights and at the same time these rights put a limitation on
the powers of the state; then constitutional law must be
part of political law.
You have other braches like ADMINISTRATIVE LAW that deals
on how government officials run the government and the
extent of the exercise of the powers on how one branch or
one department, bureau or agency or instrumentality relates
with each other.
That is administrative law that is why after consti 1 and 2, you
will also be reviewing political law as part of political law
review.
You also have ELECTION LAWS which pertain to the election
of the representatives of the government by the people, the
limitation on the conduct of election. It has something to do
with the government because without election, there
cannot be a government or officials in the government.
You also have LAW ON PUBLIC OFFICERS, LAW ON PUBLIC
CORPORATIONS and PUBLIC INTERNATIONAL LAW
SOURCES OF POLITICAL LAW

What are the sources of political law? What are the basis of
your understanding on the powers of the government and
the limitations on the exercise of the powers?
Primarily the source is the 1987 CONSTITUTION.
Aside from that, you also have the other laws. Because you
will always have to refer to the other laws which each
constitution has evolved. Or from which the constitution has
evolved, like 1987 Constitution, which makes reference to
the 1935 Constitution, which was promulgated pursuant to
the organic laws passed by congress, Tydings Mcduffi Law,
Jones Law of 1960, Philippine Bill on 1902, McKinleys
instructions on school amendment.
All of these were passed because of Treaty of Paris, the
instrument that formally transferred the powers from Spain
to the US.
These are the sources of your political laws. So when you
go into the understanding of your provisions of the
constitution, it cannot be avoided that we make reference to
those laws to be able to fully understand why such a
decision of the SC had been reached.
Other than those laws passed by the US, we also make
reference on the DECISIONS OF THE SC, that may have
changed the implication or the meaning of the law.
Example. The patrimony is limited only to natural resources
before. Now, because of the decision of SC, even a building
that is not belong to natural resources is considered as part
of national patrimony like Manila Hotel. So it is reserved
only to Filipino citizens. It cannot be sold to foreigners. If
theres any, priority should be given to Filipinos because it is
part of the patrimony where the provisions of the
constitution provided that it should be reserved or priority
should be given to Filipino citizen.
<insert notes here>
These are the different parts of political law.
We will be tackling on the study of the government,

particularly the REPUBLIC OF THE Philippines REPRESENTED
BY THE THREE BRANCHES OF THE GOVERNMENT. Executive,
legislative and judiciary, in the national and local
governments in relation to the national government.
We will also tackle on the study of the other agencies of the
government independent of the three braches such as the
CIVIL SERVICE CMMISSION, COA, COMELEC and OFFICE OF
THE OMBUDSMAN on the accountability of public officials.
Then we will be discussing on the BILL OF RIGHTS.
We have those topics.
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CONSTITUTIONAL LAW
CONSTITUTION
Primary source of understanding of political law is the 1987
Constitution.
DEFINITION
What is a CONSTITUTION?
It is the highest fundamental law of the land, upon which
all powers are founded, that would limit, divide, assign the
exercise f the powers.
DIFFERENT PARTS CONSTITUTION
1. constitution of government
2. constitution of liberty
3. constitution of sovereignty
Preamble does not form an integral part of the
constitution. We have it because we copied the preamble of
the US. But it is neither a source of obligation or a source of
rights of people.
CONSTITUTION OF GOVERNMENT. This provides for the
structure and the powers of government and the limitations
of on the exercise of powers.
You have the Bill of Rights as provision on liberty. And then
we have sovereignty which refers to the power of the
people to amend or revise the constitution or the
representatives.
DIFFERENT KINDS OF CONSTITUTION
As to origin:
1. ENACTED/CONVENTIONAL CONSTITUTION
-enacted by a Constitutional Convention.
2. evolutionary / cumulative constitution
-a product of history
3. fiat / granted constitution
-made by one sovereign for another
As to form:
1. WRITTEN CONSTITUTION
-not because it is in writing
-all other sources are found in one single instrument
-CHARACTERISTICS:
a. broad
b. brief
c. definite
2. not written constitution
-most sources are written are written but are scattered
-some parts are not written
-ex. customs and traditions
As to the manner of changing the constitution:

1. RIGID CONSTITUTION
-difficult to change. Not flexible
-must follow a certain procedure (STAGES):
a. proposal
b. submission
c. ratification
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A. PROPOSOAL
-KINDS OF CHANGES
a. revision (overhaul/change philosophy or principles
which constitution is founded)
b. amendment (not change the whole philosophy)
Q: Is the change of government a revision or an
amendment? Ex. change from presidential to
parliamentary?
A: REVISION. Because you totally change the
philosophy to be adopted as basis of the enforcement of
the provisions of the constitution.
Q: If you change the term of office of the president, is
that a revision or an amendment?
A: AMENDMENT
-WHO MAY PROPOSE:
1. Congress
-WHAT KIND OF PROPOSAL:
a. revision
b. amendment
-HOW:
At its discretion, congress may:
a. act as ConCon Constituent Assembly for votes
b. call for a Constitutional Convention for 2/3 votes
c. if they are undecided, refer the question to a
referendum for majority votes, separately (all
members of congress)
2. People
-WHAT KIND OF PROPOSAL
a. amendment ONLY
-HOW
a. initiative on amendments of the constitution
-VOTERS
You need 12% of the total registered voters
wherein each legislative district is represented by
at least 3% of its total registered voters.
These two must concur with each other OW the
proposal is invalid.
-SIGNATURE
The petition itself must be signed by the voters.
IOW you cannot only attach a blank papers to the
petition. (Lambino vs Comelec).
This is the reason why the petition for the
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CONSTITUTIONAL LAW
change of system of government from presidential
to parliamentary was dismissed by SC and
confirmed by SC because it was improperly done.
So if you were to propose an amendment
imitated by the people, they must sign the petition
itself.
Q: Is the provision on the constitution authorizing

the people to propose amendments on the
constitution self executing as in the case of Santiago
vs Ramos?
A: no. SC said RA 6735 is insufficient to provide for
mechanism or procedure on how people can
propose amendments to the constitution.
Since it is lacking in provision, it is presumed that
people, without legislation cannot propose
amendments to the constitution.
Q: What would be the justification, should they be
allowed?
A: It boils down to their being sovereign. It
becomes a political question. It is up to them to
decide. (Lambino vs Comelec)
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CONSTITUTION VS STATUTE
Both provide for how government should be managed or
provide for powers or limitation or the exercise of he
powers or define relationship between the government and
governed.
The difference is that, the CONSTITUTION is the highest law
of the land. So if it is n conflict of the statute passed by
congress, it should always prevail as the statute is based on
the constitution.
The constitution provides for the basic principles.
The STATUTE provides for the details because the
constitution cannot be detailed that might result to the
misunderstanding of the meaning of the provisions. It has to
be able to cover everything from today and future needs of
the government and the people. Statue provides for the
details of the broad constitution for effective enforcement
or implementation.
The constitution is the direct act of the people because
without their ratification, the constitution does not take
effect.
Whereas the statute is being only assed by the
representatives of the people through congress.
But the prevailing jurisdiction is people cannot

propose amendments to the constitution although it
is mandated but the provision is not self executory.
B. SUBMISSION
There is consultation among the people for a better
understanding of the proposed change.
PIECE MEAL SUBMISSION of proposed changes is
prohibited. Should there be any submission, it has to be
the whole thing for the better understanding of the
relationship of the proposed changes to the constitution.
C. RATIFIATION
When does the amendment take effect?
Upon ratification by majority votes cast in a plebiscite
called for the purpose, not a referendum. This is based
on plurality. Not based on majority voters.
CONSTUTION VS ORGANIC LAWS

Remember you have organic laws passed during the
American occupation like Philippine Bill of 1902, Jones Law
of 1916 and Tydings McDuffy Law.
They are similar in a sense that organic laws also provide for
the structure, organization and operation of the government
at the time. It even provided for the bill of rights and a
definition of citizenship.
A difference between these laws is that while the constitution
a direct act of the people, organic laws are passed by the
representatives of the people. During that time, the US
congress.
As to basis:
1. EMOCRATIC REPUBLICAN
-depend on the form of government that is provided in the
constitution itself
PHILIPPINE CONSTITUTION
-written
-enacted
-rigid
-democratic/republican
-presidential
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CONSTITUTIONAL LAW
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1987 CONSTITUTION
Going back to the kinds of laws used s basis in the
understanding of government and the relationship between
the government and governed, we also go into a particular
law that we will use in understanding the government.
SC said THE CONSTITUTION TOK EFFECT ON THE DATE OF

RATIFICATION FEB 2, 1987.
EFFECTIVITY
When did the 1987 Constitution take effect?
You have learned that it is prepared by a Constitutional
Commission pursuant to Proclamation number 9 by then
President Aquino under the Revolutionary Government
consisting of 50 non elected by appointed members, from
the different sectors of society.
After they have drafted, it was ratified by the people on Feb
2, 1987. It was declared to have been validly ratified in Feb
11, 1987 by the Exec Order 50 by President Aquino.
Section 27. This Constitution shall take effect immediately upon its
ratification by a majority of the votes cast in a plebiscite held for the purpose
and shall supersede all previous Constitutions.
Because there are provisions in 1987 constitution that were

inconsistent with 1973, and therefore they are deemed
repealed.
For example, death penalty. 1973 does not prohibit death
penalty. But the 1973 has expressly prohibited death penalty
except when congress by compelling reason, congress will
pass a law for heinous crimes and impose death penalty.
Therefore there was a law passed defining heinous crimes
and providing death penalty bit was repealed lately.
Is death penalty abolished in 1987 constitution? Yes. That is
the GR. The exception is when there is reservation by
congress to pass a law defining what heinous crimes are and
imposing death penalty.
If 1973 does not prohibit but 1987 prohibits, assuming that
there is no law yet, here is on convicted in 1985 to be
executed in 1988, should he be executed?
If the constitution took effect on Feb 2, 1987 and he is to be
executed on Feb 5, 1987, then the execution is against the
constitution.
But if the constitution took effect on Feb 11, the execution
will still be in accordance with the law because what will
govern is the 1973 constitution.
This was the issue in the case of De Leon vs Esguerra. There
was an appointment of he OIC because under the Freedom
Constitution, the term of office of local officials then actually
already expired but they were asked to hold over until they
will be replaced by OICs through the Ministry of the
Government.
And then there was the 1987 Constitution, saying that they
will not be replaced anymore because they have to hold on
until elections will be called.
The Barangay Captain was replaced on Feb 9.
If the constitution took effect on Feb 2, the replacement is
illegal because the transitory provision of the constitution
says that they have to hold office until election is called.
But if the constitution took effect on Feb 11, then the
replacement is valid.
What is the constitutional basis? Sec 27 Art 18 of the

Constitution.
ELEMENTS OF A STATE
As you have learned in your first year, the study of political
law basically a study about the state and when you study the
state, you have to go about its elements.
From the POV of Political law, there are only four elements:
pg 8
1. people
2. territory
5
3. government 29
4. sovereignty
21
From the POV of International law, for a state to be
considered as such, two other elements must be present:
5. degree of civilization acceptable by the Family of Nations
6. recognition of the Family of Nations
PREAMBLE
We, the sovereign Filipino people, imploring the aid of Almighty God, in
order to build a just and humane society, and establish a Government that
shall embody our ideals and aspirations, promote the common good,
conserve and develop our patrimony, and secure to ourselves and our
posterity, the blessings of independence and democracy under the rule of
law and a regime of truth, justice, freedom, love, equality, and peace, do
ordain and promulgate this Constitution.
It is an introduction only. It is not part of the constitution, it is

not even necessary. To a certain extent, it has its practical
use which is to indicate the source of sovereignty.
The provisions in the preamble will help or guide the
members of congress and SC and other courts in construing
the provisions of the constitution because the constitution is
founded on the purposes as enumerated in the preamble.
IMPLORING THE AID OF ALMIGHTY GOD
Does this violate the separation of church and state?
Because this is just an assertion of the kind of people that
we are. This is not a conferment of rights. This does not
impose religion but only a declaration that we believe in
god.
So you cannot go to court and use preamble for you assertion
on you freedom of religion because, like art 2 is not self
executing. It is not a source of rights or obligations.
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CONSTITUTIONAL LAW
PURPOSES
1. to build a just AND humane society
2. to establish a Government that shall embody our ideals
and aspirations
3. to promote the common good (not general welfare)
4. to conserve and develop our patrimony
5. to secure to ourselves and our posterity, the blessings of
independence and democracy under the rule of law and a
regime of truth, justice, freedom, love, equality, and peace
1. TERRITORY ART 1
ARTICLE I - NATIONAL TERRITORY
The national territory comprises the Philippine archipelago, with all the
islands and waters embraced therein, and all other territories over which the
Philippines has sovereignty or jurisdiction, consisting of its terrestrial,
fluvial and aerial domains, including its territorial sea, the seabed, the
subsoil, the insular shelves, and other submarine areas. The waters around,
between, and connecting the islands of the archipelago, regardless of their
breadth and dimensions, form part of the internal waters of the Philippines.
NATIONAL TERRITORY COMPOSITION

1. Philippine archipelago, with all the islands and waters
embraced therein
2. all other territories over which the Philippines has
sovereignty or jurisdiction, consisting of its:
a. terrestrial domains
b. fluvial domains
c. aerial domains
including its
d. territorial sea
e. seabed
f. subsoil
g. insular shelves
h. other submarine areas
3. waters
-around, between, and connecting the islands of the
archipelago,
-regardless of their breadth and dimensions
ARCHIPELAGO
The kind of territory you have is archipelago. So you have to
understand what an archipelago is.
Two definitions:
1. a body of water studded with several islands
2. a group of islands surrounded or separated by sea waters
What do we follow under UNCLOS UN Convention Law of
the Seas?
An archipelago is a body of water studded with several
islands.
AFTER BREAK
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ACQUISITION OF THE ISLANDS

How did we acquire the islands comprising the Philippine
archipelago?
Primarily we acquire them by cession, except for the
Batanes islands which we have acquired through long
occupation and possession.
How was the transfer made?
Through the Treaty of Paris which was entered into by
Spain and US on Dec 10, 1898 which was amended by two
more treaties in 1900 transferring the Turtle Islands and
Mangsi Islands. And then you have the Great Britain and US
treaty, the Treaty of Washington, which also ceded two
more islands.
TN that basically, these islands that consists of the Philippine
archipelago was acquired by us through transfer.
The only islands not part of those islands is the Batanes
Islands in fact they were apparently excluded in the Treaty
of Paris. That is the reason why we need to define the
national territory under the 1935 Constitution to include the
Batanes Islands which has the phrase all those belonging
to the Philippines by historic right or by legal title.
TN that these Philippine archipelago, if you are asked what
provisions in the national territory hat expressly provide for
the adoption of the archipelagic doctrine, and that is one of
those that states or defines what comprises the Philippine
territory which says - the Philippine archipelago, with all the islands
and waters embraced therein.
IOW it does not consist only of the islands. It also includes the
waters embraced in the archipelago.
TERRITORIES NOT FOUND I NTE ARCHIPELAGO
What are these territories? - all other territories
over which the
Philippines has sovereignty or jurisdiction.
TN that the conjunctive word is OR, not and.

JURISDICTION is when you put up a government and you have
the laws enforced by the government.
But there are instances when we are claiming certain
territories where we have not established Philippine
government there but we are claiming as part of our
national territory. The legal basis for that is SOVEREIGNTY.
Sovereignty could either be:
1. Emperium
2. Dominium
EMPERIUM meaning acts of sovereignty, meaning exercise
of governmental powers.
So if we claim a property under the principle of emporium,
it belongs to the state in its sovereign capacity. It is not
subject to tax and any suit against the property that belongs
to the state in its sovereign capacity, the state canot be
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CONSTITUTIONAL LAW
sued.
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because ours is an archipelago. What we have adopted is

the ARCHIPELAGIC DOCTRINE.
Under he principle of DOMINIUM where the property is

being owned by the government in it proprietary capacity.
IOW it refers to the legal title.
We might not have established a government there but as
far as we are concerned, it belongs to us by either historic
right or legal title.
So on jurisdiction, it is obvious that there has to be a
government established. Like the one we established in
Kalayaan Islands which is part of Palawan. Or the
government in Scarborough Shoal which is part of Zambales.
These are examples of territories being part if he Philippines
over which the Philippines has jurisdiction.
Remember that we also have claims over Sabah and North
Borneo. To some jurists, they would say that we have both
emperium and dominium over the territory. The basis of
which is historic right as well as legal title.
It was allegedly owned by a Sultan of Solo and then it was
even to the Datu of North Borneo and it was leased to the
Britished Indies Company which is a British owned
corporation of the government. They turned over the
territory to the Malaysian Government and that is the
reason why Malaysia is claiming it.
But as far as Philippines is concerened, the sultan of Solo has
transferred the rights to the Philippine government so that
they can make a legal claim over the property.
It became more of a controversy by reason of the Jabadah
Massacre that compelled us to drop our claim over Sabah.
To remove the irritant of the relationship between Malaysia
and the Philippines, we rephrased the provision on the
definition of the national territory and instead of adopting
by historic right or by legal title, we change it to and all
other territories which the Philippines has jurisdiction or
sovereignty.
Always remember that this does not preclude us from
claiming properties which we have not established a
government, however we have sovereignty over them by
reason of historic right or legal title.
Likewise, we are not precluded from claiming future
properties. For as long as the mode of acquisition is
acceptable by international standards, and not by invasion.
It could be by purchase.
So far we are claiming the Spratley Islands against other
countries. Also certain portions of Kalayaan Islands.
Remember that these islands like Kalayaan and Scarborough
Shoal are found outside the archipelago. If we are to
consider the territorial seas as part or belonging to these
territories of which the Philippines has jurisdiction or
sovereignty, we do not follow the normal baseline method
ARCHIPELAGIC DOCTRINE
The waters around the islands, between or connecting,
regardless of the deepness and the wideness belong to the
internal waters of the Philippines.
How do you determine the internal waters of these islands
considering the Kalayaan Group of Islands and Scarborough
Shoal?
We adopt the straight baseline method. You determine the
outermost islands of the archipelago. You imagine an
archipelago that looks like a rectangle if we are to consider
all the islands in the archipelago.
You have to connect the outermost points of the
outermost islands by a straight line.
Because of this, it is considered that all islands inside are
considered internal waters. They are considered like rivers,
lakes and swamps, regardless of deepness and wideness
separating the islands.
They are not even considered maritime domain. They are
simply internal waters.
This had been objected to b the members of the UN when the
had the UNCLOS because they are saying that it is not fair
because while the Philippines has internal waters, they have
a claim over territorial seas or the maritime domain which is
12 NM from the normal baseline.
So they wanted us to redraw our internal waters in order hat
they would be able to determine the extent of our internal
waters.
And so this prompted congress in May 2009 that there should
be proper determination of internal waters or archipelagic
doctrine. They had RA 9522.
RA 9522
The law withdrew the baseline to comply with the UNCLOS
requirements for archipelagic state, in the process excluding
the Kalayaan Group of Islands and the Scarborough Shoal.
So what looks like rectangular becomes triangular now
because they were excluded.
So how are these islands now treated if they are excluded
from the main archipelago in the determination of internal
waters or the archipelagic waters?
They will be simply be treated as regime of islands.
So you will determine its terrestrial domain following
normal baseline, around the islands will be the basis of
determination of the extent of jurisdiction over the
waters. They are just simply considered as outside of
main archipelago.
the
the
sea
the
So when you connect the outermost islands, you do not
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CONSTITUTIONAL LAW
include the Kalayaan Group of Islands and the Scarborough
Shoal. So you will just focus on the main archipelago.
ARCHIPELAGIC WATERS
Then you go by the archipelagic waters. It would be from the
normal baseline to the outermost islands, 12 NM.
So inside are considered as internal waters.
MARITIME DOMAIN OR TERRITORIAL SEAS
Now you go by the determination of the maritime domain or
territorial seas.
You have 12 NM from the normal baseline of the outermost
islands.
INTERNATIONAL WATERS
Beyond that, that is considered as international waters.
CONTINENTAL SHELF AND INSULAR SHELF
TN you also have as part of our territory, continental shelf
and insular shelf.
This could be the continent that is submerged under the
water. While it is low tide, it is dry. So you will know that it is
still an extension of the island.
But while it is high tide, it is covered by the sea water, and it
could go beyond 12 NM from the normal baseline of the
outermost island.
PRINCIPLE OF CONTIGUOUS ZONE
Would that still be part of the national territory?
No. beyond the 12 NM from the normal baseline of the
outermost islands, it is no longer part of the national
territory.
The Philippines however has jurisdiction up to 24 NM from
the normal baseline. IOW 2 more NM from the end of 12
miles of the territorial seas.
Again, that is not part of the national territory as it is beyond
the 12 NM. But for purposes of implementing or protecting
our:
1. fiscal laws
2. sanitary laws
3. immigration laws
4. customs laws
We can run after these people up to 24 NM from the normal
baseline or 12 NM from the end of the territorial seas
consisting of 12 NM from the normal baseline.
This is the PRINCIPLE OF CONTIGUOUS ZONE. It extends only
up to 12NM from territorial seas. Although not part of the
territory, the coastal state may exercise jurisdiction to
prevent infringement or violation of customs, fiscal,
immigration and sanitary laws.
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EXCLUSIVE ECONOMIC ZONE

For purposes of enforcing the laws I have enumerated, you
can go beyond up to 12 more NM if it is within the
contiguous zone but it does not belong to the Philippine
territory but you can explore the natural resources beyond
the 12 NM up to 200 NM.
That is EXCLUSIVE ECONOMIC ZONE. It is not part of the
territory where we have exclusive sovereign right to explore,
exploit, conserve, and manage the natural resources which
may consist of the establishment and use of artificial islands,
installations and structures for marine and scientific
research and the protection and preservation of marine
environment.
CONSTITUTIONALITY OF RA 9522
So what must be emphasized as to its constitutionality is RA
9522. It is the definition of the archipelagic baseline.
It is questioned because it will in effect change the definition
of the national territory.
The basis of the definition in the delineation of the
boundaries, latitudes and longitudes, or the extent of our
jurisdiction in the archipelago is the Treaty of Paris.
With the adoption of RA 9522, this has practically changed
because of the reduction of our claim over the internal
waters by excluding the Kalayaan Group of Islands and the
Scarborough Shoal from the main archipelago in the
determination of the internal waters.
Territorial seas refer to maritime domain, 12 NM.
The seabed is the portion under the sea which could be rich
in oil and other resources.
Talking about subsoil, to what extent do we have jurisdiction?
There is no limitation on that under the international laws.
Then you have the insular shelves and other submarine areas
which include the trench.
WATERS CONNECTING THE ISLANDS
The other definition of the adoption of the international
doctrine is one that says the waters around, between and
connecting the islands of the archipelago, regardless of the
breadth and dimension. They are considered as part of
internal waters.
FOREIGN EMBASSIES
How about foreign embassies in the country as part of the
national territory?
Yes. But we do not exercise jurisdiction in these premises,
because by and agreement, treaty or customs of
international law that embassies are treated as extensions
of the country that it represents.
Here, we are not exercising the acts of sovereignty. But
definitely, it is part of the national territory (Reagan vs CIR)
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CONSTITUTIONAL LAW
BASIS OF CLAIM AGAINST KALAYAAN ISLANDS
You have the HISTORIC RIGHT, allegedly fro the discovery of
Tomas Kroma, a Filipino from Bohol. He was a mariner.
PD 1956, on June 11, 1978, that was the declaration of the
discovery; that it was being discovered by a Filipino and
becomes part of the territory.
Effective occupation, that started with the family of Tomas.
They migrated but did not last. Then eventually the coast
guards took over.
Then we have the PRICIPLE OF CONTIGUITY because of its
proximity. It is nearest to us.
It is part of the CONTINENTAL SHELF under the straight
baseline method. RA 3046 and RA 5446, then we have RA
9522.
1. PEOPLE
PEOPLE AS AN ALEMENT OF THE STATE
Another element of the state is people.
From the POV of political law, the most important thing is you
must understand who are these people being referred to;
how is the word people used in the provisions of the
constitution
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PEOPLE RIGHT AGAINST UNREASONABLE SEARCHES AND

SEIZURE
The matter on the right of people against unreasonable
searches and seizure. Who is referred to there?
It refers to all inhabitants of the country. He may be a
foreigner or a citizen.
CITIZEN
TN that from the POV of political law, the most important
thing that you must know is that the government is relating
not to any people but to its citizens.
So then you must know who are the citizens of the
Philippines.
CITIZEN VS NATIONAL
TN of the difference between a citizen and a national.
N:
owes allegiance to the state
All citizens are nationals but not all nationals are citizens.
Because while you may be a Filipino by origin, but you are
no longer a citizen because you have been nationalized in
another country. But still you may be loyal to the Philippines
being a former citizen of this country.
C:
N:
member of a democratic political community

member of any community
People could mean the INAHBITANTS IN GENERAL. The

inhabitants could either be a citizen or a foreigner.
A citizen could either be a qualified voter or a non voter.
ACQUISITION
OF
CITIZENSHIP
THROUGH
BLOOD
RELATIONSHIP
Insofar as citizen is concerned, title he holds is CITIZENSHIP.
So when the constitution says sovereignty resides in the

people and all government authority emanates from them,
does the term people include the foreigners?
Certainly not. Because they have nothing to do with the
establishment of government.
And how is this acquired by him in order to be a member of a

democratic body politic?
Genrally, you have by blood relationship on the principle of
jus sanguinis. You have the place of birth and naturalization
or by marriage.
Does it include those who are not qualified voters?

No. because they cannot chose representatives of the
government.
So from birth, there are two choices, either jus soli or blood
relationship.
But in this jurisdiction, we do not recognize jus soli.
So when we say sovereignty resides in the people, the people

being referred to here actually refers TO THE QUALIFIED
VOTERS OR TO THE ELECTORATE.
But if you are asked, once upon a time, did we recognize jus
soli principle?
During the American occupation, there was no definition
on who are citizens of the Philippines.
We were also not citizens of US and Spain, we were their
subjects.
Until the Philippine Bill of 1902 was passed in July 1, 1902
where there was a definition of Citizens.
Between Dec 10, 1988 (transfer of sovereignty from Spain
to US) to July 1, 1902, there was no definition as to who
were the citizens of the Philippines.
Thus the recognition of the principle of JUS SOLI, following
the law in America.
PEOPLE RIGHT TO INFORMATION

When the law says THE RIGHT OF PEOPLE TO INFORMATION
OF MATTERS OF PUBLIC CONCERN, can a foreigner join the
list?
No. because the people being referred to there refers only
to citizens of the country. Many he be a voter or non voter.
Kwin transcripts
Page 8
CONSTITUTIONAL LAW
DEFINITION OF CITIZEN
Until there was that definition in Jul 1, 1902 by virtue of the
Philippine Bill of 1902 referring to all inhabitants, subjects of
Spain as of April 11, 1899 and the children of these
inhabitants.
USE OD JUS SOLI
Between Dec 10, 1988 to July 1, 1902, the jus soli was
recognized. In fact this was enunciated in the case of Roa vs
Collector of customs, then it was corrected when the SC said
we do not recognize jus soli principle. What we recognize in
the Philippines is only jus sanguinis.
But because even if the judgment of the court may be
erroneous, but because the judgment of the court has
become final and executory, the principle of res judicata
applies.
But we have never really recognized jus soli. It was only for
practical reason because of the absence of definition of
citizens during the American occupations first period.
ACQUISITION OF CITIZENSHIP THROUGH NATURALIZATION
Of course this refers to foreigners who wants to become
Filipino citizens.
How about stateless individuals? Can they be naturalized?
For as long as they have the qualifications required by the
law and none of the disqualifications, then they may qualify.
ACQUISITION OF CITIZENSHIP BY MARRIAGE not adopted
Then you have by marriage.
If a Filipina marries a foreigner and the law of the husband
foreigner will consider her as a citizen of the country, then
she will have the citizenship of her husband, at the same
time retain her Philippine citizenship.
In the Philippines, do we adopt the principle that one may
become a Filipino by marriage?
NO. if you are a foreigner, wife has to go through
ADMINISTRATIVE NATURALIZATION. She has to prove that
she does not suffer any of the disqualification, IOW, it is not
automatic.
ACQUISITION OF CITIZENSHIP BY ADOPTION not adopted
We do not also recognize adoption as a mode of adopting
citizenship in the Philippines OW what is the use of
naturalization if we recognize adoption.
IMPORTANCE OF CITIZENSHIP
Why is it important why we have to know who are the
citizens of the Philippines?
Because there are certain rights that can only be enjoyed
by the citizens of the country and enjoyed by the citizens of
the country or reserved only for the citizens of the country.
Kwin
KINDS OF CITIZENS
1. JURIDICAL CITIZENS
2. NATURAL PERSONS
FILIPINO CORPORATION
Who are considered Filipino corporation?
Hen the capital o9f that corporation is at least owned by
60% of Filipino citizens, natural persons.
RIGHTS FOR NATURAL FILIPINO CITIZENS
Examples are to run for public office and to be employed in
the government.
Sec 18, art 11 of the constitution requires that all public
officers and employees must be loyal to the Republic of the
Philippines and its laws.
So that any change of citizenship from a Filipino to immigrant
should be dealt with by law. That would be a ground for
dismissal from the service.
ART 4 SEC 1
Section 1. The following are citizens of the Philippines:
[1] Those who are citizens of the Philippines at the time of the adoption of
this Constitution;
[2] Those whose fathers or mothers are citizens of the Philippines;
[3] Those born before January 17, 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority; and
[4] Those who are naturalized in accordance with law.
ART 4 SEC 1 PAR 1

[1] Those who are citizens of the Philippines at the time of the adoption of
this Constitution;
When did the Philippine constitution take effect?

Feb 2, 1987
Who is covered by this?
This covers all those who are already citizens of the
Philippines when 1987 Constitution was adopted in Feb 2.
Meaning those who are citizens under 1973 constitution,
which says:
a. those who are citizens of the Philippines at the time of the
adoption of the 1973 Constitution which was adopted in Jan
17, 1973.
b. those whose fathers and mothers are citizens of the
Philippines
c. those who are born of Filipino mothers and elected
Filipino citizenship
b. those naturalized in accordance with law
In the first paragraph of 1973 Constitution, we refer to the
1935 Constitution, which says:
a. those who are citizens of the Philippines at the time of the
adoption of the 1935 Constitution, May 14, 1935
b. those who were born in the Philippines of foreigner
parents who before the adoption of 1935 constitution was
elected to office
c. those whose fathers were citizens of the Philippines
d. those whose mothers are Filipinos and upon reaching the
Kwin transcripts
Page 9
CONSTITUTIONAL LAW
age of majority and upon reasonable time elected Filipino
citizenship
e. those who are naturalized in accordance with law.
First paragraph of 1935 Constitution, who are covered
there?
Those who are defined as citizens under the Philippine Bill
of 1902 pursuant to the provisions of the Treaty of Paris, as
amended b Jones Law of 1916.
Who are the citizens of the Philippines under the Philippine
Bill of 1902?
It refers to all inhabitants subject of Spain of the Philippine
islands as of April 11, 1899 (exchange of
instruments/treaties bet Spain and US).
Who are the INHABITANTS?
a. native born, the indios of the Philippine islands
b. residents or inhabitants coming from the Spanish
Peninsulares who as of April 1899 were residing in the
Philippine islands and had chosen to remain in the Philippine
islands
c. those who were inhabitants of the islands of Spanish
papers n or before April 11, 1988
Tecson vs Comelec
Lorenzo Poe died somewhere n 1954. They were
wondering what was the citizenship of Fernado Poe Jr
because the father declared himself as a Spaniard as
indicated in his marriage certificate with his first marriage.
The grandfather, Lorenzo was an inhabitant of the
Philippines presumably because he died in the Philippines at
the age of 0s in 1954. So he must have resided in the
Philippines as of 1899.
Under the Philippine Bill of 1902, the subsequent children
of the inhabitants are considered Filipino citizens as well.
Because the father of Fernando was the son of Lorenzo,
then he must be a Filipino citizen even if he declares himself
as a Spaniard.
How could FPJ be a Filipino citizen when the father was not
married to the mother? If he is illegitimate, he must follow
the legally known parent and the legally known parent is the
mother, who is a US citizen.
According to opinion of the friends of the SC, FPJ was
recognized by his father. The 1935 constitution provides that
citizens are those whose fathers are citizens of the
Philippines. It does not qualify whether the father was
legitimate or illegitimate.
The child who follows the name of the father is presumed
to be recognized by the father. In the case, it is presumed
that FPJ was recognized by the father because of the fact
that after his birth, there is an affidavit of the sister of his
father that his father continued to cohabit with the mother.
So presumably he was recognized.
Because the father is Filipino, then FPJ is a Filipino citizen.
Kwin
Case: Vallez vs Comelec

The father del Rosario was a Filipino when he migrated to
Australia. He got married to an Australian citizen and had his
daughter.
The daughter went to Davao and ran for public office until
she ran for a higher position as governor when her
citizenship was questioned because not only was she
registered an Australian citizen, she was also carrying an
Australian passport. She was born in Australia. The mother
was an Australian citizen, and the father was already an
Australian citizen.
Then it was discovered that the father was the son of an
inhabitant of the Philippine territory as of April 11, 1899.
Being one, he must be Filipino citizen. If he acquires
another citizenship, it is not conclusive that he has lost his
Philippine citizenship. And because he had lost it at the time
of birth of his daughter, by jus sanguinis, she must also be a
Filipino citizen. In fact, a natural born citizen of the
Philippines.
TN the provision in the 1935 Constitution with respect to
foreigners who were born in the Philippines. Meaning those
of foreign parents. However despite being a foreigner,
elected to a public office.
Chong Bian
The father was elected as an officer in Misamis. When Chong
Bian acquired a shipping business, his citizenship was
questioned because then he was already born when the
father was elected to a public office.
The father of course became Filipino citizen. how come that
he too became a Filipino citizen?
Because at the time, he was still a minor. By DERIVATIVE
CITIZENSHIP, he too became a Filipino citizen and thus he is
qualified to engage in a business which is only reserved for
Filipino citizens.
In fact, the children subsequent thereto are considered
natural born citizen.
FATHERS ARE CITIZEN
At the time, only those who are born to Filipino fathers can
adopt the citizenship.
MOTHERS ARE CITIZEN
What about if he is born to a Filipina?
He is still also a Filipino citizen for as long as she is not
married to a foreigner.
Meaning, if father and mother is Filipino, no choice, child is
Filipino. Not because the mother is Filipino but because the
father is Filipino.
Kwin transcripts
Page 10
CONSTITUTIONAL LAW
FILIPINA MARRIED TO A FOREIGNER - 1935 CONSTITUTION
But if the mother is Filipina, and there is a foreigner, under
the 1935 Constitution, she loses her citizenship because
there is a presumption that she acquires her citizenship of
her foreigner husband.
Thats the reason why the child during his minority has no
choice. He is considered a foreigner.
But he is given the option to elect Philippine citizenship.
The requirement however is that the mother must be a
Filipino citizen at least at the time of marriage to foreigner
father. And the child was born before Jan 17, 1973.
But if the Filipina is not married to the foreigner, the child
follows the citizenship of the legally known parent.
As far as the child is concerned, the legally known parent is
the mother.
ADOPTED CHILD OF FILIPINO FATHER
If father is a Filipino and the child is adopted, can the child
become a Filipino citizen?
No. In this jurisdiction, what we follow is the principle of jus
sanguinis. You cannot acquire Filipino citizenship by
adoption. There is naturalization for the child to acquire
Philippine citizenship.
The only exception to this is RA 9225 which is the DERIVATIVE
CITIZENSHIP under DUAL CITIZENSHIP ACT that even the
adopted children of a former natural born citizen be
patriated under this provision will become a natural born
citizen being a minor child, although adopted.
Again, adoption is not a mode of acquiring Filipino citizenship.
ART 4 SEC 1 PAR 2
Kwin
When the Filipina under the 1935 constitution, she is

presumed to have acquired the citizenship of her foreigner
husband. And thus automatically, she loses her Philippine
citizenship.
IOW the burden of proof lies with her that she never lost her
citizenship because she never acquired the citizenship of her
husband.
But the law presumes that by their marriage, she acquired
the citizenship of her husband and thus she loses Philippine
citizenship.
The citizenship of the child if born B4 Jan 17, 1973 is the
fathers citizenship. He has no choice. Because now the
mother is foreigner just like the father.
But the child, only during his minority is considered a
foreigner. The child is given the chance to become a Filipino
citizen upon reaching the age of majority (21) or within
reasonable period of time (3 years), he elects Philippine
citizenship, then he becomes a Filipino citizen.
If he does not elect Filipino citizenship, then he remains a
foreigner.
If the parents married in 1965 and child was born in 1974,
what is the citizenship of the child during his minority? Does
he need to elect Filipino citizenship in order to become
Filipino citizen?
The child is a foreigner. He cannot elect Philippine
citizenship.
Mother lost her Filipino citizenship at the time of marriage.
So at 1974, at the time of birth of the child, the mother is
already a foreign unless she acquired her Filipino citizenship
at the time of birth of the child.
He cannot elect Philippine citizenship. Because from birth,
the mother is already a foreigner.
FILIPINA MARRIED TO A FOREIGNER - 1973 & 1985

CONSTITUTION
Relating that provision to 1973 and 1985, here, the female
counterpart of the Filipino citizen is put to a level equal to
the male counterpart so that of the mother is Filipino
citizen, regardless who the husband is for as long as she did
not lose her Filipino citizenship at the time of forth of the
child, child is Filipino citizen.
But TN of the cut off period. The child has to be born at least
on Jan 17, 1973 or thereafter to apply that provision. The
mother at the time of the birth must be a Filipino citizen for
that child to be considered a Filipino.
If the mother was married under 1935 constitution, even if
the child was born after 1973 Constitution was adopted, the
child is not a Filipino. At the time of birth, the mother has
already lost her Filipino citizenship by virtue of her marriage
to a foreigner husband under the 1935 Constitution.
REQUIREMENTS TO ELECT FILIPINO CITIZENSHIP

1. the mother, must have been married under 1935
Constitution who is a Filipino citizen at the time of marriage
2. the child must be born before Jan 17, 1973
MARRIAGE AFTER 1973
Would it make any difference if the mother is married to the
father at 1973 Constitution?
Yes. Because when the Filipina marries the husband
foreigner, she does not lose her citizenship unless by her act
or omission she is deemed by the law to have renounced her
citizenship.
In which case, because she is presumed to have remained
Filipino citizen, at the time of birth the child is a Filipino
citizen because the law says those whose fathers and
mothers are citizens
Does he need to elect?
No need. Because he is already a Filipino citizen.
Kwin transcripts
Page 11
CONSTITUTIONAL LAW
EFFECT OF ELECTION OF FILIPINO CITIZENSHIP NATURAL
BORN
If he a natural born citizen if he elects Philippine citizenship
assuming that the mother was married to the father before
1973 Constitution and he is born under 1935 Constitution.
He elected Filipino citizenship before 1973 Constitution was
enacted, is he a natural born Filipino citizen?
Yes. He is presumed to be natural born. There is no
definition then.
Under 1973, there is a clear definition those who are
citizens from birth without having to perform any act in
order to acquire Filipino citizenship is a natural born.
To elect Filipino citizenship is perfecting or acquiring Filipino
citizenship.
Under that definition, a citizenship by election is not a natural
born.
So that if this person was born under 1935 Constitution,
elected Filipino citizenship under 1973 Constitution, he is a
Filipino citizen but not a natural born.
However, it is anomalous because while these two persons
are situated under the same circumstances, the only
difference is the date of election, one is considered a Filipino
citizen and the other is not.
Precisely this was corrected under the 1973 constitution. That
even those who are elected as Filipino citizenship are now
considered as natural born citizens. Apply retroactively.
So there is no more problem in determining whether he is
natural born or not. Even if he elected Filipino citizenship, he
is a natural born citizen, therefore qualified to run for office
that requires only natural born citizens.
MANNER OF ELECTION
How is election be made in order to be considered a citizen?
1. taking of oath of allegiance
2. participating in election by
a. running for public office
b. voting
c. actively campaigning for a candidate
3. declares under oath as a Filipino citizen
APPLICATION UNTIL 1997
Citizen by election applies only until 1997. Because if the child
was born after 1973, there is no need to elect Filipino
citizenship because he is already considered a Filipino
citizen.
So the cut off is 1973. Plus 21, that means 1994. Plus 3 years
1997 (3 years after reaching the age of majority).
He has to elect by the age of 21 or within reasonable period
of time.
Kwin
June 6, 2011
ART 4 SEC 1 PAR 2
RETAINING CITIZENSHIP
This refers only to children born in 1973 or thereafter
because upon effectivity of 1973 Constitution, if a Filipina
marries a foreigner, she does not automatically lose her
citizenship.
She retains her Filipino citizenship unless by her act or
omission she is deemed under the t5he law to have
renounces her citizenship.
So at the time of the birth of the child, as long as the mother,
although married to the father has remained a Filipino
citizen, the child is a Filipino citizen, regardless of the
citizenship of the father who is marries to the father.
MARRIED BEFORE 1935, BORN AFTER 1987
But if the mother was married under the 1935 Constitution
under which he is considered to have lost her Filipino
citizenship by virtue of the marriage to the foreigner and the
child is born only after the 1987 Constitution, what would be
the citizenship of the child?
It depends at the citizenship of the mother at the time of
birth.
If at the time of birth, the e mother has not reacquired her
Philippine citizenship, then she remains a foreigner. In which
case, the child has no choice. Both parents are foreigners.
And even if he elects Philippine citizenship, he cannot
acquire Philippine citizenship.
REQUIREMENTS OF CITIZENSHIP BY ELECTION
Because here to avail of CITIZENSHIP BY ELECTION pursuant
to the provisions of 1935 Constitution, TN of the
requirements:
1. born before Jan 17, 1973
2. mother is Filipino at least at the time of the marriage to the
foreigner husband
Even if the mother has become a foreigner at the time of
the birth of the child, the child has a chance of becoming a
Filipino by election upon reaching the age of majority or
within a reasonable period of time.
ART 4 SEC 1 PAR 3

[3] Those born before January 17, 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority; and
We have discussed this already.

The is only temporary and transitional in a sense that by 1994
to 1997, there will be no more children by election because
the presumption is the child must have either elected
Filipino citizenship or the time has passed for him to elect
Filipino citizenship.
Kwin transcripts
Page 12
CONSTITUTIONAL LAW
CITIZENS BY ELECTION ARE ATURAL BORN CITIZENS
Even those who elected Filipino citizens are now considered
as NATURAL BORN CITIZENS under the 1987 Constitution.
So regardless whether he has elected Filipino citizenship
either before or after Jan 17, 1973, the child is definitely a
natural born Filipino citizen.
You go back to the definition of the natural born citizens in
the 1987 Constitution, it includes those who elected
ART 4 SEC 1 PAR 4
[4] Those who are naturalized in accordance with law.
COMMONWEALTH ACT 473

This is the original provision on naturalization.
If you are a foreigner and you want to become a Filipino
citizen, then you have to apply for naturalization.
NATURALIZATION BY A FOREIGNER
Naturalization by a foreigner by a foreigner is not a matter of
right, it s a privilege, an act of grace granted by a sovereign
state to a foreigner.
Therefore it is discretionary upon the state WON to confer
Filipino citizenship to a foreigner.
And in connection therewith, there are certain qualifications
that an applicant foreigner must possess and must also
avoid suffering any of the disqualifications provided by the
law.
And the law is very strict. You have to have all the
qualifications and none of the disqualifications.
NATURALIZATION BY A STATELESS INDIVIDUAL
How about if one is a stateless individual? Can he apply for
naturalization?
The law is silent regarding on that, for as long as he has all
the qualifications and none of the disqualifications.
QUALIFICATIONS
1. 21 years of age
2. of good moral character
3. resident of the Philippines continuously for 10 years
4. property of not less than 5k
5. children of school ages must be in public schools
6. able to read and write English and any of the Philippine
dialects
DISQUALIFICATIONS
1. believer in bigamy or polygamy
2. suffering from incurable and contagious disease
3. believer in the use of violence in asserting your principles
Kwin
RECENT
RULING
OF
QUALIFICATIONS
AND
DISQUALIFICATIONS
Now, for as long as perhaps you do not have all the
qualification but you do not suffer any disqualification, you
may apply for naturalization which could either be judicial or
administrative or by legislation.
JUDICIAL NATURALIZATION
Insofar as judicial process, it is very tedious. You follow a
particular procedure:
1. make a declaration of intent to become a Filipino citizen
2. file intent with the OSG
3. wait for 1 year as SolGen investigates whether you have all
the qualification
4. issuance of certification by SolGen that you are qualified
5. file a petition with RTC
6. RTC to acquire jurisdiction will order the publication of the
petition in a newspaper of general circulation and the official
gazette
7. hearing and reception of evidence
8. judgment and grant of petition
9. waiting period of 2 years
10. court schedules taking of oath of allegiance
REVOCABLE - JUDGEMENT ON NATURALIZATION
TN the judgment in the naturalization case will never become
final. Anytime it will be subject to revocation upon motion
by the SolGEn.
QUESTION ON VALIDITY OF NATURAZATION PROCEEDINGS
If there is any question on the validity of the naturalization
proceedings, in the case of Limkaichong vs Comelec, that
only the SolGen or the government can question the validity
of a naturalization proceedings in a DIRECT ACTION and not
in a collateral proceedings such as a petition for
disqualification of a candidate in an election case
Case: Limkaichong vs Comelec
There was a question on the qualification of the candidate
because Limkaichong who is now a congresswoman was the
child of a former Chinese citizen who applied for
naturalization.
According to the petitioner, the fathers naturalization is
invalid and therefore the father never became a Filipino
citizen. Naturally, the children are not considered Filipino
citizen. thus they ask for the disqualification of Limkaichong.
COMELEC dismissed the petition and SC reviewed by SC and
SC said that only the government or the SolGen can question
thevalidity of the naturalization proceedings.
Kwin transcripts
Page 13
CONSTITUTIONAL LAW
CONSEQUENCES OF THE GRANT OF NATURALIZATION TO A
FOREIGNER
1. foreigner becomes a citizen of the Philippines
2. wife may become a Filipino citizen through
ADMINISTRATIVE NATURALIZATION
-there is no acquisition of Filipino citizenship by marriage
-by asking for the cancellation of ACR and by proving that
she suffers none of the disqualifications provided by law
-it is not automatic
3. as to children:
a. those who are already born at the time of the approval of
naturalization of the father, consider whether he is a minor
or of age at the time
a.1. if he is already of age, he does not become a Filipino
citizen. if he wants to, e has to apply for naturalization
a.2. if he is a minor, he by DERIVATIVE CITIZENSHIP
becomes a Filipino citizen
a.3. if at the time of the approval, he is outside the
Philippines, he is only Filipino during minority. Upon
reaching the age of majority, he is given the choice either
to remain a Filipino citizen or revert back to original
citizenship of the father
-those who have become Filipino citizen by derivative
citizenship, they are considered NATURALIZED Filipino
CITIZENS.
b. those who are born after the father becomes a Filipino by
naturalization, they are citizens
-they are considered NATURAL BORN.
-you go back to the definition, those who are citizens
from birth. Because the father at the time of birth is a
Filipino citizen, then the children are Filipino citizens
Declaration of an administrative body or a certification does
not change a judicial judgment
-Case: Kilos Bayan vs Ong
This is the appointment of Ong as Justice of SC where these
was a question on his citizenship. He was a Sandigan Bayan
Justice.
Somebody asked for an injunction not to issue the
appointment considering that there was a question on his
appointment.
He was born to a father who is naturalized and a Filipina
mother. The mother was a daughter of his grandfather who
is naturalized, originally Chinese married to a Filipina.
Grandfather became naturalized. The mother at the time
was still a minor, and by derivative citizenship, the mother
became a Filipino citizen.
The mother got married to a Chinese who at the time was
still applying for naturalization. At the time of marriage, the
husband was still a Chinese citizen. During the 1935
Constitution, the mother automatically lost her citizenship.
Kwin
Eventually the father became a Filipino by naturalization.

But the birth certificate of Ong says that he is a Filipino
citizen by virtue of derivative citizenship.
When he took the bar exam, there was a question on his
citizenship because his family name is foreign sounding.
A declaration made, a certification of DOJ through the
bureau of immigration declaring him as a natural born
citizen. And this was his basis in the application for judgeship
and justiceship in SB where it requires natural born citizen.
When this was questioned in the application for justiceship
in SC, SC looked into the matter.
In fact Ong was asking why now look at the application
when there was never a question on his application when
was not questioned in the qualification for SB.
SC said that it is a CONSTITUTIONAL ISSUE OF SIGNIFICANT
MATTER considering that it goes into the qualifications of an
SC justice required by the constitution. The constitution
requires that in order for one to become a natural born
citizen, he has to be a natural born citizen.
SC declared that a declaration of an administrative body or
a certification does not change a judicial judgment that
states the father was naturalized citizen and therefore by
derivative citizenship, the child who was then a minor
cannot be natural born.
Ong was banking on the fact that the mother was a Filipina
and that she never lost her citizenship upon marries and at
the time of his birth, he was a Filipino citizen.
SC said, if you are to CHANGE your BIRTH CERTIFICATE, you
cannot do that by a certification of an administrative body
like the Bureau of Immigration. That requires judicial change
or declaration.
For you to claim that you re natural born, you have to go to
court and make necessary changes in your birth certificate
and not by simply a declaration of an administrative body.
There was a petition to DECLARE ALL JUDGMENTS
RENDERED VOID because at the time he rendered the
judgment, he was disqualified supposedly to sit as justice of
SC for lack of the requisite citizenship of a natural born.
SC said that it is VALID having been rendered by a DE
FACTO OFFICER. The appointment was in good faith on the
assumption that he was qualified.
Ultimately there was a decision of SC declaring him as
natural born after his birth certificate has been corrected.
see case 1) pp vs nora fe sagun
2) michael keon (nephew of marcos)
3) ma vs fernandez (july 2010)
Kwin transcripts
Page 14
CONSTITUTIONAL LAW
REVOCATIONOF NATURALIZATION PROCEEDINGS
Another point you should TN in naturalization is the
revocation. It is never final and executory, res judicata
principle does not apply.
EFFECT ON DEATH OF GRANTEE PENDING QUESTION ON
VALIDITY OF NATURALIZATION
What if the grantee of the citizenship has died already when
there is the revocation of the naturalization? Is it deemed
mooted upon the death of the grantee?
That depends on the grounds of the revocation:
a. If the ground for revocation is that the JUDGMENT IS VOID
on the ground that he has disqualified, then it shall
CONTINUE because of the citizenship that has been also
extended to his minor children and to the wife.
Because when citizenship is granted, he becomes a Filipino.
The minor children and the wife will have some basis to
apply for naturalization before they can become Filipinos.
If revoked, naturally premised on the judgment being void,
then there has never been any citizenship enjoyed or can be
transferred by the grantee.
So even after the death of the grantee, the action for
revocation on the decree of naturalization may still posper
b. If the ground for revocation is that the grantee has
VIOLATED THE CONDITIONS OF NATURALIZATION or he
LOST HIS QUALIFICATIONS THEREAFTER, (ex. convicted of
crime involving for moral turpitude), it will not prejudice
those who derived their citizenship from their father.
If the applicant grantee dies, then the case will have to be
dismissed as the case has become MOOT AND ACADEMIC.
MODES OF ACQUIRING CITIZENSHIP

1. from birth by blood relationship/ jus sanguinis
2. naturalization
Kwin
You cannot acquire Filipino citizenship either by marriage or

by naturalization.
MODES OF LOSING CITIZENSHIP
According to the modes provided for by law:
1. applying for a foreign citizenship/ naturalization of foreign
citizenship
Case: Labo vs Comelec
Faith healer who got married to an Australian citizen and
thereafter applied for naturalization in Australia. He
voluntarily and expressly renounced his Philippine
citizenship to become an Australian citizen.
By that act, he is deemed to have lost his Philippine
citizenship.
2. expatriation
Expatriation has to be done expressly. It is not just a mere
declaration. It could be like:
a. taking an oath of allegiance to support and defend the
foreign government in applying for naturalization
b. taking an oath of allegiance to support the constitution of
the foreign country
Effect on carrying of foreign passport
In relation to this, the mere carrying of a foreign passport is
not considered as express renunciation of foreign
citizenship.
Effect on registration in Bureau of Immigration as a
foreigner
A registration in the Bureau of Immigration that you are a
foreigner is not considered as an express renunciation of
foreign citizenship. It is only an ASSERTION OF A FOREIGN
CITIZENSHIP. But not express renunciation.
-Case: Aznar vs Comelec and Banez vs Comelec
-Case: Osmena
When he ran as governor, there was a question on the
citizenship because in the Bureau of Immigration, he
declared himself as a US citizen as well.
That is not considered loss of citizenship by expatriation. It
is a mere assertion of foreign citizenship but not conclusive
as to having renounced his Philippine citizenship, unless
there is proof that he has expressly renounced his foreign
citizenship.
3. serving the armed forces of a foreign country
Except where we have signed a mutual defense agreement.
Unless by their act or omission, they have deemed to have
renounced their foreign citizenship, like applying for
naturalization of US.
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CONSTITUTIONAL LAW
4. by marriage of Filipina to a foreigner, and by their actor
omission they are deemed to have renounced her
citizenship
But GR Filipinas marrying foreigners remain Filipinos.
5. deserter of the Armed Forces, convicted by final judgment
Especially during war time.
MODES OF REACQUIRING CITIZENSHIP AND REQUIREMENTS

1. naturalization
2. repatriation
1. NATURALIZATION
Naturalization could be:
a. judicial
b. administrative
c. through act of congress
1.A. JUDICIAL NATURALIZATION
Judicial, you have
1. Commonwealth Act 63 - for those who have lost and want
to reacquire
2. Commonwealth Act 473 - Original application for
naturalization by a foreigner
2. REPATRIATION
For purposes of reacquisition of Philippine citizenship, there
are several laws on repatriation:
a. RA 8171
b. RA 725
c. RA 9225
If you have lost you citizenship because you are married to a
foreigner and you want to reacquire your citizenship, you
can reacquire it by RA 8171, 725 or other laws on
repatriation.
Kwin
2.A. RA 8171
If you have lost your citizenship because you have served
the allied forces during WW2, you can reacquire it by RA
8171.
Other grounds for RA 8171 are for reasons of economic and
political necessity.
REQUIREMENTS
1. apply for repatriation with the Bureau of Immigration in
their Special Committee on Naturalization
2. take oath of allegiance
3. register oath of allegiance with the civil registry where you
last resided or presently residing at
4. furnish copy to the Bureau of Immigration through Special
Committee on Naturalization
REQUIRMENT OF REGISTRATION IN CIVIL REGISTRY
It is not enough that you take your oath of allegiance. It has
to be registered.
Case: Frivaldo vs Comelec
He was disqualified.
He insisted that the moment he filed a certificate of
candidacy where he took his allegiance and made a
declaration that he is a Filipino citizen, in effect, he has
renounced his US citizenship. But he failed however to
register that he is a Filipino citizen in the nearest civil
registry where he was residing which is required under
8171.
RETROACTIVE FROM TIME OF FILING OF PETITION
You reacquire your citizenship from the time he filed his
petition for repatriation.
Which means that for as long as he complied with all the
requirements for someone to run for an elective office,
before he assumed office, he completed his requirements
and it was approved, then he is considered qualified for the
position.
Case:
He filed his petition for repatriation in 1997. In Mar 2004,
he filed his certificate of candidacy. It was only on the date
of election when he completed his papers and registered his
oath of allegiance to he civil registry. Assumption of office is
th
on the 30 day of June. Is he qualified to assume office?
Yes. While the approval was only on May, the effectivity
retroacts from the filing of the petition in 1997.
CITIZENSHIP REQUIREMENT IS ONLY ON ASSUMPTION OF
OFFICE
The statute does not require that you have to be a citizen
on the day of election or on the day of appointment. The law
only requires age, residency, and other qualification but
never on citizenship.
For as long as upon assumption of office, you are a Filipino
citizen, you are qualified, because after all, the effectivity of
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CONSTITUTIONAL LAW
repatriation and the reacquisition of citizenship shall be
reckoned from the filing of the petition.
STATUS
Upon repatriation, he reacquires his original status as a
NATURAL BORN CITIZEN.
2.C. RA 9225 DUAL PHILIPPINE CITIZENSHIP ACT

This took effect on August 29, 2010.
Who can apply? Any former natural born citizen who lost
their Philippine citizenship. There is no specific grounds on
the loss of citizenship.
WAYS ON BECOMING A DUAL CITIZEN
There are two ways on becoming a dual citizen.
1. loss by political and economic necessity
For one who have lost it already for reasons of political and
economic necessity; if he reacquires Filipino citizenship,
does he lose his foreign citizenship?
The law is silent on that. By the opinion of SC, it says that
he has impliedly renounced his citizenship. But impliedly
only.
But whether he is still recognized as a citizen of that foreign
country, that is not a concern of the Philippine government.
as far as Philippine government is concerned, he is now a
Philippine citizen.
It is possible that he may not automatically lose his foreign
citizenship. So as a result of which, he becomes a Filipino
citizen and a citizen of the country where he was naturalized
as such.
2. application for naturalization in a foreign country
Another way of becoming a dual citizen is one who is now
Filipino citizen but applied for naturalization in a foreign
country.
Notwithstanding his application for naturalization in foreign
country, he retains his Filipino citizenship. The Philippines
doesnt care if he applied for a foreign citizenship in another
country. As far as the Philippines is concerned, you are a
Filipino citizen.
TN this takes effect only on August 29, 2003.
HOW TO APPLY FOR 9225 NOT RUN FOR OFFICE
That is not a problem at all if you do not run for public
office. All that you need to do is to:
1. take an oath of allegiance
2. pay the necessary fees
3. sign the form
Kwin
CONSEQUENCES
1. you become again a natural born citizen.
2. minor children by derivative citizens also become natural
born citizens
-legitimate or illegitimate or adopted
-not married
-under 18 years old
3. wife has to prove that she suffers none of the
disqualification
4. grantee may vote under RA 9189, even if he continues to
reside in the foreign country where he is also a citizen
-Case: Lewis vs Comelec
Lewis became a citizen by virtue of RA 9225. When he
wanted to vote, he was refused by the consular office
saying that he has not complied with the requirement of
residency (6 months in place to vote, 1 year in the
Philippines)
The issue is whether they can vote under 9189 as
specifically authorized under 9225.
They are treated like OFWs and as such they are
expected to establish a residence here in the Philippines.
They can vote but within a period of 3 years.
After all, what is important on residency is that you
have the intention to return to the country after you
have declared the specific residence in the Philippines.
5. may run for public office
6. may practice profession
ADDITIONAL QUALIFICATIONS FOR RUNNING IN PUBLIC
OFFICE for those under RA 9225 only:
1. take oath of allegiance as required by law
2. expressly renounce all foreign citizenships (in writing)
This requirement does not apply for those who are
considered as dual citizens because or birth.
NON APPLICATION TO DUAL CITIZENS NOT BY 9225
-Case: Mercado vs Manzano
-Case: Valles vs Comelec
Manzano had dual citizenship because he was born in
America, by principle of Jus soli, he is a foreign citizen.
because both parents are Filipinos, he is also considered a
Filipino citizen.
When he ran as a vice mayor of Makati, there was a
question on ownership because he was carrying at the same
time a US passport.
As explained earlier, the carrying of passport is not a
conclusive proof of renunciation.
SC declared, THE MOMENT HE FILED THE CERTIFICATE OF
CANDIDACY, HE IS CONSIDERED TO HAVE ELECTED
PHILIPPINE CITIZENSHIP AS HIS SOLE CITIZENSHIP AND
RENOUNCED ALL OTHER FOREIGN CITIZENSHIP.
This principle will apply only to Filipinos who became dual
citizens not by virtue of RA 9225. Only those involuntary
acquisition of foreign citizenships such as because of the
application of jus soli.
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CONSTITUTIONAL LAW
-Case: Lopez vs Comelec
If he became a dual citizen because of his reacquiring
Philippine citizenship by virtue of 9225, for him to run for
public office, to qualify, he has to expressly renounce his
foreign citizenship.
EXCEPTION- WHEN CARRYING OF FOREIGN PASSPOSRT IS
CONSIDERED RENUNCIATION OF PHILPPINE CITIZENSHIP
-Case: Yu
He became a naturalized Filipino citizen and
notwithstanding, continued to carry his Portuguese passport
and declared himself as a Portuguese citizen, this is an
exception to the principle that the mere carrying of a
passport is not a conclusive proof of renunciation of
Philippine citizenship, but in this case, it was considered an
exception where he is considered to have renounced his
EFFECT OF REPATRIATION ON NON MINOR CHILDREN
-Case: Tabasa
If the kids are already of age, they cannot avail of the
privilege of Philippine citizenship through derivative
citizenship.
OTHER CASES
-Coroboro vs Comelec Feb 19, 2009
Tambunting, an owner of pawnshops in Mali, was enjoying
dual citizenship because he was born in US of Filipino
parents.
When he ran for election, his citizenship was questioned.
He said, by the mere filing of his certificate of candidacy, he
had renounced his foreign citizenship.
He was right. Being a dual citizenship is not a result of 9225
but a result of an involuntary acquisition because of the
circumstances of his birth.
So he need not comply with the requirement of express
renunciation of foreign citizenship. The etwin requirement
does not apply.
-Lopez vs Comelec, July 23, 2008
-Hapson vs Comelec, Jan 18, 2009
-Roselier de Guzman vs Comelec Jun 19, 2009
2 requisites to run for public office:
1. taking of oath of allegiance
2. express renunciation of foreign citizenship before any
public officer authorized to administer an oath
Kwin
ADDITIONAL
QUALIFICATIONS FOR PRACTICE OF
PROFESSION (LAW)
-Case: Dacanay Dec 17, 2007
Dual citizens may practice law in the Philippines by
1. leave of Sc (permission)
2. compliance of requirements to restore the good standing
as members of Philippine bar
a. payment of annual dues
b. compliance of MCLE
2.B. ADMINISTRATIVE NATURALIZATION
RA 9139
This is with reference to foreigners who were born in the
Philippines. In order to give them some form of amnesty,
(especially smuggled Chinese)
Accepting the reality that eventually some children of these
foreign smuggled persons into the country had children born
into the Philippines without clear status as to their
citizenship, this law was passed for them to have the option
either to:
1. apply for naturalization by administrative process
2. apply for naturalization by judicial process
Under this provision, it grants Philippine citizenship by
administrative proceedings to aliens born and residing in the
Philippines. They have the choice to apply for judicial or
administrative naturalization subject to the prescribed
qualifications or disqualification provided by law.
DUAL ALLEGIANCE
What is prohibited under the constitution for it is INIMICAL
TO PUBLIC INTEREST is dual allegiance, not dual citizenship.
Until now, there is no definition on what would constitute
dual allegiance.
Case: Kalilong vs Datumanong May 11, 2007
SC said that if the legislature has not defined it, it is not for
the Court to make a definition on what would constitute
dual allegiance.
Definitely, RA 9225 does not constitute dual allegiance but
mere dual citizenship.
So there is no question as to the constitutionality of RA 9225.
Kwin transcripts
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CONSTITUTIONAL LAW
Kwin
EFFECT OF IMMIGRANT STATUS ON AN APPOINTED PUBLIC

OFFICER
For the green card holder, having an immigrant status, what
will be the effect on the appointment public official who
assumed public office?
Case: Oberacion vs Comelec
SC said that a Filipino citizens acquisition of permanent
residence abroad constitutes an abandonment of his
domicile and residence of the Philippines.
The green card status in the US is a renunciation of ones
status as a resident in the Philippines.
You are given only a green card if you are a permanent
resident of the Philippines. So it will be inconsistent to be
occupying a public office and at the same tie, holding a
green card.
That can be a ground for the dismissal of office.
RIGHT OF SUFFRAGE
Right of suffrage is both a right and a privilege of a citizen of a
country.
As a privilege, it is the right of the people to chose the
representatives to run the government for them.
macalintal vs comelec
- residence is synonymous with domicile,
with respect to election laws
KINDS OF DOMICILE:
a. DOMICILE OF ORIGIN
-where you are born/raised by parents
b. DOMICILE OF CHOICE
-by work or by marriage
QUALIFICATIONS
There are certain qualifications however for you to enjoy this
right, as provided by law
1. at least 18 at the time of election when you cast your vote
2. resident of the Philippines for one year AND 6 month sin
the place where you propose to vote
RESIDENCE/DOMOCILE REQUIRIEMENT
RESIDENCE FROM POV OF POLITICAL LAW
-it is synonymous with domicile
PRINCIPLE OF ANIMUS REVERTENDI

The principle is, you can only have one domicile. We are
following the principle of ANIMUS REVERTENDI, that for as
long as you have the intention to return to the place even if
you are n9t actually living in the place, there is intention to
reside in the place, you are considered a resident of that
place, even if you are just renting.
DOMICILE OF CHOICE - REQUIRMENTS
When you change you domicile to your domicile of choice, TN
of the requirements:
1. intention to abandon the original residence
2. acts must correspond to the intention to change
residence
-Case: Romualdez Marcos vs Comelec
She ran as congresswoman in Leyte when she was known to
be a resident of Manila because the husband was the
president before they left for Hawaii.
When se returned barely 1 year in Leyte, she filed her
certificate of candidacy. In fact in the certificate she placed
that she resided in the place for 10 moths.
A disqualification case was filed because of the requirement
that at least she must has resided for at least 1 year in the
district where she is to run for congress.
Sc said that when the husband died and she decided to return
in her place of birth, she reacquired her domicile of origin
and she never lost it. She is not a resident of Leyte for 10
months but a resident in the place since birth.
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CONSTITUTIONAL LAW
-Case: Aquino vs Comelec
Aquino ran as congressman in Makati after he transferred
residence from Conception Tarlac after he has exhausted
the three terms as congressman.
He was disqualified upon petition of another candidate.
SC declared that there was no effective transfer of residence
because the records would show that he was still a
registered voter of Conception Tarlac. He only has a
condominium in Makati.
His acts do not correspond to his intention of changing his
residence.
RESIDENCE AND DOMICILE

TN of these cases because insofar as in public office running
and voting, they are of the same n the POV of political law.
EXCEPTION TO REQUIREMENT OF RESIDENCY ON EXERCISE
OF RIGHT OF SUFFRAGE
As an exception to the requirement of residence, for
purposes of enjoying the right of suffrage TN of the case of
Lewis vs Comelec, Dual Citizens, RA 9225, and Absentee
Voting, RA 9189.
ABSENTEE VOTING RA 9189
1. local absentee voters
2. foreign absentee voters
1. LOCAL ABSENTEE VOTERS
Those because of their jobs, require them to vote in
another place, although they are not residents of that place.
Examples: military, teacher, OFW.
JURISDICTION ON ISSUES RELATING ON THE RIGHT TO VOTE

Who has jurisdiction relating to the right to vote?
MTC. It is a judicial issue.
Kwin
JURISDICTION PROMULGATION OF RULES ON MATTERS OF

SECRECY OF CASTING VOTES
Promulgation of rules on matters of election on secrecy of
your casting of your ballots. Who has jurisdiction to
promulgate the rules?
Congress.
JURISDICTION ON PORCEDURE FOR VOTING
On the matter of providing for procedures on how a voter can
vote, who has that power to do?
COMELEC
DISQUALIFIED VOTERS
If you are a permanent disabled voter who cannot prepare his
own ballot, are you allowed to vote?
He is disqualified.
Who are disqualified?
1. convicted by final judgment of a criminal case where the
penalty is more than 1 year of imprisonment
2. deserter of armed forces
3. insane person
JURISDICTION ON:
PROMULGATION OF RULES RELATING TO ELECTION LAWS
-Comelec (exclusively on quasi legislative function)
PROMULGATING LAWS RELATING TO GOVERNING
PROCEDURE
-Congress
AFTER BREAK
RA 9225 grants the right to vote of dual citizens.
RA 9189 procedures for absentee voters - dual
citizens.
COMELEC is only on the matter of registration. But on the

right to vote, it is he court that determines any issue
pertaining to the right to vote such as disqualification.
SUBSTANTIAL QUALIFICATIONS PROVIDED BY THE

CONSTITUTION CANNOT BE EXPANDED
Substantial qualifications provided by the constitution cannot
be expanded. Only procedural requirements may be
expanded by congress through laws.
So you cannot require that you have to have some properties
or be able to read or right. If you do that, you will be
amending the constitution by ordinary legislation.
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CONSTITUTIONAL LAW
4. SOVEREIGNTY
SOVEREIGNTY is the highest ruling authority, it is the
uncontrollable power by which the state is governed.
Without which, the state cannot be considered a s state.
MANIFESTATIONS OF SOVEREIGNTY
A. supreme power to rule within and outside as manifested
by:
1. peoples obedience to the laws
2. enjoyment of independence or freedom from
independent control of a state
CHARACTERISTICS OF SOVEREIGNTY
1. indivisible
-it cannot be shared because there is only one highest
ruling OW it could mean the destroyment of sovereignty
2. imprescriptible
3. absolute
-no body can question the exercise of the power and the
laws passed by the sovereign
4. uncontrollable
5. virtually no limitations
-if there is any limitations, its because we decide to have
limit as provided in the constitution
6. not subject to any statute of limitations
7. non transferable
-it cannot be alienated. The moment you transfer, the
one who was exercising seizes to be sovereign and the
transferee becomes the new sovereign
8. comprehensive
-covers practically everything and every person within its
boundaries and authority
9. exclusive
Kwin
MANIFESTATIONS OF SOVEREIGNTY WITHIN THE STATE

1. enactment or passage of law where everybody and
everything is subject to
This is manifested by the states jurisdiction over persons
and things found within its boundaries and even outside its
territory
KINDS OF JURISDICTION
a. territorial jurisdiction
b. personal jurisdiction
c. extraterritorial jurisdiction
A. TERRITORIAL JURISDICTION
All things and persons found within the state are subject to
the laws of that state.
However there are some exceptions to this, such as:
a. extraterritoriality principle
b. persons exempt from the jurisdiction of the state
1. heads of state
-they are considered as extension of the personality of
the state that is sovereign; that these heads of state
are representing
2. things and persons in certain areas like embassies,
ambassadors and consular officials
-to a certain extent they are not subject to the laws of
the countries where they are found
-an EMBASSY is an extension of the country that it
represents.
3. where an agreement was entered into by two parties
-like what we had in US Military Bases agreement. The
military personnel were not subject to the local laws
c. foreign vessels that docked in our ports
-if foreign military vessel, we do not have jurisdiction
even if they are in our waters because it is like as
extension of the country it represents.
-if merchant vessels, we follow the principle of French
and English principle
-NATIONALITY PRINCIPLE goes by what flag is being
flown by the vessel
-FRENCH RULE - anything that happens inside the
vessel, even if it is docked in our ports, as long as it
doesnt affect the peace and order or nation al
security of our country, it is within the jurisdiction of
the country whose flag is flown by the vessel.
-ENGLISH RULE anything that happens in the
vessel, for as long as it affects only the persona and
crew in the vessel, the Philippines has no
jurisdiction. Only when it affects our security that
the Philippines has jurisdiction. Virtually, the effects
are the same.
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CONSTITUTIONAL LAW
B. PERSONAL JURISDICTION
This refers to the citizens of the country that even if they
are found outside the country, they are subject to our laws
because the Philippines is sovereign, specially those laws
governing on status.
So even if you contract divorce abroad, as far as the
Philippine laws are concerned, you are still married.
Because they are subject to our laws still, they are subject
to our protection still.
C. EXTERRITORIAL JURISTDICTION
This refers to the states jurisdiction over persons and
things found outside the territory.
Example, Philippine embassy in the US is subject to
Philippine laws. Persons found in the embassy are subject to
the laws of the country.
Kwin
IMMUNITY OF STATE FROM SUIT

Because the state is sovereign, there cannot be any authority
higher than that. Thus it cannot be subjected to the control
and supervision of the courts. Precisely not cannot be sued.
Case: Carlo vs COA
The principle why the state cannot be sued is because there
cannot be any legal right as against the authority that makes
the law on which that right to sue depends.
So even if your claim against the state is valid, that can easily
be defeated by the states invocation of immunity from suit
because the state is sovereign.
And that is what we call THE ROYAL PREROGATIVE OF
DISHONESTY. It is synonymous to immunity from suit.
IMMUNITY OF FOREIGN STATES
Foreign states are likewise immune from suits.
When it comes to conflicts with certain persons or entities in
the country where ordinarily under certain circumstances,
applying our laws, they are supposed to be settled before
our local courts.
But because foreign state, like our state are immune from
suits, they cannot be tried on cases filed in court.
THEORIES ON IMMUNITY FROM SUITS OF FOREIGN STATES
1. absolute and classical theory
2. restrictive theory
1. ABSOLUTE CLASSICAL THEORY
Same reasoning. The state is immune from suit and
therefore he cannot be subjected to local laws.
However, this applies only to governmental acts, relating to
functions discharged which is governmental in nature. IOW
an act of a sovereign state.
But in a restrictive sense, it may still be suable if the acts
subject of the suit are commercial, nothing to do with the
performance of a governmental function.
Case: Del Rosario
Vatican. Supposedly the property was donated to it so that
they can build an office. Instead, it was sold to someone
else, under the condition that the squatters in the area will
be ejected. But the owner failed to do that, so they are
being sued.
Are they suable?
First of all you must understand that Vatican is a foreign
state.
As a foreign state, can it be sued in our courts?
That depends on in what capacity was the contract of sale
entered into by the Vatican, governmental or commercial.
SC said it was governmental. Therefore, they are not suable
in our courts.
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CONSTITUTIONAL LAW
IMMUNITY OF Philippines AS A STATE
Insofar as the Philippine state is concerned, it is immune from
suit as it is provided under sec 3 art 16 of the constitution.
SECTION 3. The State may not be sued without its consent.
STATE THAT YOU CANNOT SUE

But what is the state that you cannot sue?
It is represented by the following:
A. Republic of the Philippines
B. unincorporated government
C. public officers and employees in the discharge of
governmental functions
A. REPUBLIC OF THE PHILIPPINES
DETERMINITION IF IT IS A SUIT AGAINST A STATE
The COMMON DENOMINATOR is even if you sue any of the
three, if it does not require an act on the part of the
government such that it would require appropriation of
public funds or it will involve a loss of public property, that is
not considered a suit against the state.
IOW the determining factor in considering the suit as a suit
against the state, and therefore as a GR should not prosper
is that, in the end if judgment is rendered against any of
those enumerated would mean appropriation or
disbursement of public funds or loss of government
property, then that is considered a suit against the state and
should not be allowed unless the state gives its consent.
REGISTRATION OF PROPERTY
For example, the Republic of the Philippines, by the
registration of cases of title over a parcel of land (Torrens
Title all title should be registered OW it is presumed to be
the property of government). So you file for registration of
title. Against whom will you apply this property for
registration? Against the Republic of the Philippines. So you
implead it which may be represented by an incorporated
agency of the Republic, the DENR or the Department of
Lands.
Why? Because of the principle of REGALIAN DOCTRINE - All
lands and resources belong to the state unless you can
prove that these lands are alienable acquired by a private
individual and therefore it does not belong to the
government. Because ultimately, the owners of he land and
the natural resources are the government.
Kwin
Because you impleaded the Republic as party defendant or

respondent of the case, will the case be dismissed because it
is a suit against the state? Is it a suit against the state?
You go to the test. DOES THIS REQUIRE AN AFFIRMATIVE
ACT such as appropriation of public funds in the event
judgment is rendered in favor of the petitioner declaring him
as the property owner? Would that mean disbursement of
public funds? Would that mean loss of government
property?
Certainly it will not require appropriation by congress.
Would this result to loss of government property? NO. the
property never belonged to the government.
It would have been different if after finding out that it is
owned by the state, you grant it and gave it to petitioner.
Then that would mean loss of government property. In
which case, the action may not prosper because it is a suit
against the state.
EXPROPRIATION OF PROPERTY
There is an issue whether after expropriation the land can be
recovered by the original owner if he is not paid of just
compensation... Because of this principle of the immunity
from suit.
You have an action for the recovery of expropriated property
that was not paid with just compensation. Can we recover as
a general rule?
NO. Except when there is payment within 5 years after the
finality of judgment, because the state is immune from suit.
(Lim vs Republic)
After 5 years, you can sue even if it is already registered in
the name of the republic.
B. UNINCORPORATED AGENCIES OF THE GOVERNMENT

AGENCIES OF THE GOVERNMENT
The agencies of the government may be classified as
1. Unincorporated
2. Incorporated
3. Municipal corporations
2. INCORPORATED AGENCIES
The INCORPORATED are the agencies of the government
such as GOCC which are chartered by special laws or
governed by charters or the corporation code which under
the law, they are considered as juridical persons having a
separate and distinct personality from the government of
the Philippines allowing them to acquire properties and to
sue and be sued in connection therewith.
Because they have a separate and distinct personality, they
can sue. And as a consequence of allowing them to sue, they
open themselves to countersuit.
Because it would be unfair if they would call upon
immunity from suit. And if judgment is rendered against
them, they have funds to satisfy the judgment, independent
from public funds which are earmarked for public purposes.
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CONSTITUTIONAL LAW
And that can be subjected to garnishment in an execution
on the judgment.
FUNCTIONS
Incorporated agencies primarily are COMMERCIAL,
PROPRIETARY FNCTIONS. Its a business function.
Even if it is not a business function, still by its own charter it
is allowed to sue and be sued.
For example, state universities in their charters are allowed
to sue and be sued and therefore cannot invoke immunity
from suit.
1. UNINCORPORATED AGENCIES
UNINCORPORATED AGENCIES are those that do not have a
separate and distinct personality from the government of
the Republic of the Philippines.
So if you are to sue them, it is like suing the Republic of the
Philippines. If you sue the Republic it is not allowed because
the republic enjoys immunity from suit.
It has to involve disbursement of public funds or loss of
property in the event judgment is rendered against the
unincorporated agency of the government.
FUNCTIONS
You have to distinguish what was the function that was
exercised by this unincorporated agency.
a. governmental
b. ministrant or proprietary function
PURELY GOVERNMENTAL NOT SUABLE
It is not suable if the function is purely governmental.
If it is primarily COMMERCIAL/business function, then you
can sue the unincorporated agency.
Example, when the PNP enters into a contract with a
supplier of raincoats to be used by traffic enforcers. Is that
commercial or government?
You go by the purpose. Law enforcement. Definitely that is
governmental because hat would involve implementation of
the law.
In case PNP does not pay for the raincoats, can the supplier
sue the PNP? NO. because it is an unincorporated agency of
the government. It is a suit against the state.
Kwin
Case: Camp John Hay

It was owned them at the time by US armed forces.
The cook urinated on the soup. The customer sued the
armed forces.
Is it suable?
The US armed forces is an unincorporated agency of the
government of US that is immune from suit. But their
engaged purely on business has nothing to do with the
function of the armed forces.
SC said it is suable.
When they entered into a contract to repair the walls and
piers used by armed forces, but they did not pay, are they
suable?
No. because this is a governmental contract.
PURELY COMMERCIAL - SUABLE

Purely commercial for an unincorporated agency to be
suable.
COMMERCIAL FUNCTION INCIDENTAL TO GOVERNMENTAL

FUNCTION NOT SUABLE
If it is also engaged at the same time a commercial function
or business, however incidental to the discharge of the
governmental function, is it suable or immune from suit.
In the case of Bureau of Customs also engaged in arrastre
business, which is important to the assessment of taxes, to
be brought to the office to be assessed.
In the event they cause damage, will they be suable? NO.
Because the arrastre business is merely incidental to the
performance of a governmental function taxation
function/assessment of taxes.
RULES
1. incorporated
2. unincorporated
a. purely governmental
b. business
-suable, no dstinction
-not suable
-suable
If the government enters into a contract and engages into a

business, then it is suable, even if it is unincorporated.
If PNP engages in a barbershop, if somebodys ear was cut
because of negligence, is PNO suable? YES. Because this is
purely commercial. Nothing to do with the governmental
function.
Kwin transcripts
Page 24
CONSTITUTIONAL LAW
3. MUNICIPAL COROPRATION
This is a hybrid kind of corporation, the LGUs.
It is hybrid in a sense that they are engaged both in
governmental and proprietary functions.
GOVERNMENTAL FUNCTION
So therefore, if it is governmental/sovereign function, as a
GR it is not suable. But the LGC allows them to sue and be
sued their own charter or chartered cities with some LGUs.
And therefore they are suable.
-IMPLEMENTATION OF THE JUDGMENT AGAINST LGU
But TN the proving of a claim against the LGU is one thing.
Implementing the judgment against the LGU is another
thing.
So that if you are suing the LGU because it is allowed under
the LGU and you won the case, can you ask for a writ of
execution to garnish public funds of the LGU? NO. not
without an appropriation or an ordinance providing for an
appropriation.
If public funds, because the suit is premised on the exercise
of a governmental function by a municipal corporation.
PROPRIETARY FUNCTION
But if it proprietary function and you are suing the
municipal corporation, you can ask for a writ of execution.
They engage in distribution of water and electricity. If sued
in its purely proprietary capacity, you can garnish the funds
of that corporation that the LGU may engage in.
-SUE BY MANDAMUS TO COMPEL PAYMENT
If the LGU refuses to pay, then you can sue the government
with mandamus to compel it to pass the supplemental
budget with the appropriation of funds in payment of the
award in the judgment.
Kwin
C. PUBLIC OFFICERS AND EMPLOYEES IN THE DISCHARGE OF

GOVERNMENTAL FUNCTIONS
For as long as the public officers discharges the function
within the scope of his authority, he is not suable except if
he is a SPECIAL AGENT.
Under art 129 of NCC, the state has expressly given its
consent to be sued for acts or omission that constitute torts
of a special agent, even if it was in discharge of a
governmental function.
A SPECIAL AGENT is one who is designated a position foreign
to his regular duties and responsibilities.
If he commits damage to someone that would constitute
torts, the government has expressly given it s consent to be
sued.
PUBLIC OFFICER WITHIN AUTHORITY - EXEMPT
OW for as long as it is within the scope of the public officers
authority, he is not suable; he is considered as an agent. An
act of a public officer is considered an act of state therefore
he is immune from suit.
EXCEPTIONS: WHEN PUBLIC OFFICER WITH AUTHORITY IS
SUABLE
1. acts without authority
2. ULTRAVIRES ACT
3. acted in malice and bad faith
4. gross negligence
5. grave abuse of discretion
These are not considered acts of the state and therefore it
can be sued in his personal capacity.
Case: Sandoval vs Republic
Those military personnel and policemen responsible in the
shooting of the farmer at Mendiola. Farmers were shot to
death by police and military personnel.
The case against the Republic was dismissed but not with
those responsible policemen and military men in their
personal capacity.
Based on the findings of the Davide Commission, there was
gross negligence on the part that resulted to the massacre of
these farmers.
So when one is sued because he is a public officer, that does
not mean that there is a public officer that is immune from
suit.
If there is an allegation of abuse of discretion, the suit against
him may not be dismissed.
Kwin transcripts
Page 25
CONSTITUTIONAL LAW
EXCEPTION TO EXCEPTION
Case: Ministerio vs CFI
The road in Gorordo was expropriated without
appropriation for just compensation. IOW it was
expropriated without provision on the payment of just
compensation. It was taken and used by the public.
The property owner then sued DPWH and the director.
DPWH is unincorporated and the director is a public officer.
The moved for the dismissal of the case on the ground
invoking the immunity from suit.
SC allowed the owners of the property the DPWH. Because
if the owner of the property will only be allowed to sue the
director in his personal capacity, what can he pay it with.
Definitely this is dismissable because the act of the director
is not the act of DPWH. Because it was made without
authority, it was an ultra vires act.
This was the exception where the SC said; if it causes
injustice to the property owner, he may be allowed to
establish and prove his claim against him.
The expropriation cases where the issue is non payment of
just compensation, the owner of the property is allowed to
sue the republic or its implementing agency. This is an
exception.
EXCEPTIONS
1. giving of consent
When the state give its consent whether expressly or
impliedly then the you may now prove your claim.
TN that it has to be strictly construed against the waiver of
immunity from suit.
If it has to be EXPRESS CONSENT, it has be done through a
statute or law passed by congress, not by a contract nor
consent of a lawyer nor declaration of the president. It can
only be through a legislation either through a SPECIAL LAW
or a GENERA LAW.
Case: Sandoval
President Aquino created a committee to do an
investigation. After the investigation, she declared that the
government was at fault on the massacre.
On the basis of that declaration, they sued the Republic for
damages.
Here they said there was a waiver of immunity from suit by
the states own declaration that it was somehow at fault on
the killing of the farmers.
Was there a valid waiver of immunity by that declaration?
SC said no. waiver can only be done by a statute.
Case:
In another case where it was a government lawyer who
was saying that any violation of the contract may be sued in
the courts.
That is an invalid waiver. It cannot be compromised. It may
Kwin
only be through a statute.

Even if it is stipulated in the contract that in the event some
conditions are violated by the government, the other party
shall have recourse against the government, that is not a
valid waiver of immunity. It can only be through a law.
ALLEGATION IN THE COMPLAINT
In fact, when it is filed in a complaint, it has to be alleged in
the complaint. the court would presume that the state is not
giving its consent to be sued and that can be dismissed for
lack of jurisdiction because simply the state enjoys immunity
from suit.
EXPRESS GIVING OF CONSENT GENERAL LAW
It can only be by general or special law.
Example of GENERAL LAWS;
a. Act 3083
b. Commonwealth act 327 as amended by PD 1445
c. Art 2180 NCC
d. Art 2189 NCC
e. Law creating the Department of Agriculture
A. ACT 3083
Act 3083 refers to all claims/civil liability arising from
contracts. The state has given its consent to be sued.
B. COMMONWEALTH ACT 327 AS AMENDED BY PD 1445
All money claims against the state either arising from
contracts or OW must first be filed with the Commission on
Audit.
It is only when it is denied by the COA, when you can bring
up the matter to the SC on certiorari and thereby suing the
government agency concerned including the COA.
IOW there is a specific procedure provided under the law
before you can sue the state on money claims.
1) First you have to file your claim with the COA. COA has a
period of 60 days to act on it, whether to grant or deny your
claim for money.
In the event it is denied by COA, you can go directly now to
2) SC on certiorari, and sue the state.
Like in the case of PNP not paying the supplier, supplier
should not immediately sue PNP. Theres a requirement
under PD 1445 that supplier must go to COA.
If the claim is justified, COA will direct PNP to pay. If COA
finds it excessive, unreasonable or contrary to law, COA will
deny your claim. Now you can sue PNP and COA to SC on
certiorari. Under that law, the state has given its consent.
In the event judgment is rendered, there is a different
procedure now to execute the judgment of the SC because
now you have to get another consent.
Kwin transcripts
Page 26
CONSTITUTIONAL LAW
E. LAW CREATING THE DEPARTMENT OF AGRICULTURE
There is another law like creating the Department of
Agriculture. The law creating the DA, allows it to sue and be
sued. So it is suable, even if it is unincorporated.
C. ART 2180 NCC
2180 is about special agents, the state has specially given
its consent to be sued.
D. ART 2189 NCC
2189 on torts, any damage injury or death caused by the
roads, bridges, maintained by a municipal corporation by an
LGU.
TN the one responsible to its maintenance and repairs
and somebody is inured because of the non maintenance or
improper, you can sue the LGU concerned. Because the
state has expressly given its consent under this law.
EXPRESS GIVING OF CONSENT SPECIAL LAW

A special law is a law passed by congress specifically
allowing the particular individual to sue the state.
Case: Government vs Meruit
He was riding on his motorcycle bumped by the Veterans
Hospital ambulance, which is a government entity.
At first it was dismissed because it is immune from suit. He
went to congress and he was granted the right to sue the
hospital with a special law.
IMPLIED GIVING OF CONSENT

3 instances:
a. when the government initiates the filing of a complaint
against a private individual asking for affirmative relief
AFFIRMATIVE RELIEF
The purpose of the compliant should be for an
affirmative relief, they are asking for redress.
Because if the purpose of filing a complaint is to resist
the claim against the state, then even if it was initiated or
started by the government, that is not considered a waiver
of immunity from suit and therefore still it cannot be sued
in a counterclaim.
Case: PCGG
PCGG was suing individuals and corporations for ill
gotten wealth. They thought that the shares of stocks
actually are owned by the Marcoses and the registered
owners are mere dummies.
Later it was declared to SC that they belong indeed to the
owners of the corporation and not the Marcoses.
Because of the damages suffered by the corporation
because of the case filed by PCGG, they filed a counter
claim for damages.
Kwin
PCGG is an unincorporated agency. But it is suable

because the claim initiated by PCGG was to seek for
affirmative relief, to recover the allege ill gotten wealth.
By initiating the complaint, it has gone down to the level
of a mere ordinary individual and as such, he is open to
counterclaim. IOW he is considered to have waived his
immunity from suit.
PROTECTION OF INTEREST AND RESIST A CLAIM AGAINST IT
But not in the case here the state initiated the complaint
because to has to protect its interest and resist a claim
against it.
Case: Pal Oriental
There was the dispute of ownership on a vessel that was
used as a collateral on a loan by a private individual to a
bank.
The private individual was not able to pay the bank. The
vessel was foreclosed as a bank.
The government intervened as a plaintiff against the
bank to stop the foreclosure claiming that the vessel
belongs to the government and not the individual who
mortgaged it.
In the event the court says the real owner is the debtor
and not the government, can the bank sue the government
because there is no more vessel to foreclose because it was
destroyed when 100 years passed because of the
intervention of the government?
No. because the intervention or litigation commenced by
the government against the bank is not for the purpose of
seeking affirmative relief but to resist a claim against it.
2. when the government engages in purely business

transaction
It has to be purely business. If it is incidental only to the
governmental function, it still enjoys immunity from suit.
Even if it is unincorporated.
Example. The Philippine information agency to raise
revenues engaging in promoting activities like PBA games or
beauty contest. To do that they have to promote it and
contract the services of broadcasting co0mpanies. They did
not pay. Can they be sued?
YES. While it is unincorporated, it engaged in purely
business transaction. Therefore it is suable.
Example. Bureau of printing has sideline business of
printing, employees sued it for salary increase as the
bureau acts like a private company.
SC: Proprietary function is only incidental to performance
of governmental function, ergo, it can't be sued.
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Page 27
CONSTITUTIONAL LAW
3. when it enters into purely commercial contracts
It has to be purely commercial.
Example. The case of Camp John Hay is purely commercial.
If you are contracting the purchase of computers for the
Comelec, that is purely governmental because hat has
something to do with election. If there is a breach of
contract, is the Comelec suable?
You file a money claim with the COA, before you can sue
the Comelec.
4. when it would be inequitable for the govt to claim immunity
INTERPLEADER
When one is compelled to be a litigant in a case, it was upon
the order in the court. Is that covered by the immunity from
suits?
YES. The government cannot be compelled to litigate and
be an interpleader.
EXECUTION OF JUDGMENT
When judgment is rendered and it is against the state, can
you ask for a writ of execution?
NO. Even if allowed, to prove a claim against the state, it is
not automatic that the state be liable for whatever
judgment is rendered against it. You need to ask for another
consent because public funds are EARMARKED for certain
public purposes.
If you allow the garnishment of public funds, that would
prejudice public service because you would be depriving or
denying certain purposes for which these funds are
appropriated.
So you need another consent of the state to answer for the
liability that is adjudged by the courts.
Kwin
The rule is, you cannot garnish public funds.

Aside from that, there is the presumption of solvency on the
part of the government. You cannot make attachments on
government properties to satisfy the judgment.
AGAINST INCORPORATED AGENCIES OF THE GOVERNMENT
But for incorporated agencies of the government, can you ask
for writ of execution and garnish its funds in the bank?
Yes.
EXPROPRIATION CASES
You can only ask for a writ of execution to implement and
garnish up to the extent of funds appropriated.
Remember that before expropriation, there is an
appropriated amount.
But inasmuch as it is the court that will ultimaterly decide just
compensation, it could be more than what is appropriated.
For example, 1m is appropriated for the widening of the road.
The courts awarded up to 5m. The judgment has become
final and executory. Can you ask for a writ of execution to
garnish the amount of just compensation awarded by the
court?
Yes. But only up to the extent of 1m. the 4m, you have to
submit to the implementing agency which is submitted to
the president for inclusion in the budget to be submitted to
congress for the appropriation of funds.
If it is a LGU, TN you can ask for the payment but only up to
the extent of the appropriated amount, should they refuse
to cast a supplemental budget to pay the remaining amount
of the just compensation awarded by the courts, you can
sue the LGU for mandamus to compel it and pass the
supplemental budget.
IOW for suits against the state, those that are allowed
because the state has given its consent to be sued, it will be
only up to the rendition of judgment. You cannot ask for a
writ of execution.
AGAINST NATIONAL GOVERNMENT
Once you get the money claim, you prove that the judgment
is final and you are entitled to the judgment. COA will
submit it to the office of the president, then the office of the
president includes that in the budget to be submitted to the
congress and congress will appropriate the corresponding
amount, if it is a claim against the national government.
AGAINST LOCAL GOVERNMENT
If it is a case against the local governments, then you have to
provide the LGU a copy of the judgment that has become
final. You ask for the payment. And if it does not make
payment, you sue the LGU for mandamus to compel the
passage of a supplemental budget.
Kwin transcripts
Page 28
CONSTITUTIONAL LAW
June 11, 2011
Forms of Govt: 1)
Back to forms of government

4) ACCORDING TO LEGITIMACY
1. de jure government
2. de facto government
2)
3)
5) to 7)
To differentiate de jure and de facto is relevant only if there is

2 governments at a time.
If there is only one government managing the affairs of the
state then there is no need to distinguish. It is understood
that the government must be de jure.
DE JURE GOVERNMENT
A de jure government is a government established by legal
processes like a constitution ratified as basis for that
government. Or you have election of government officials to
run that government.
That government has the consent of the rightful authority,
which is the people. It has the support of the majority of the
people.
It exists not only in law but also in actuality.
TWO GOVERNMENTS
But when there are two governments at the same time, that
government may only exist in law, not in reality because
theres another government controlling the affairs of the
state.
And thus we now make a distinction between de jure and de
facto.
DE FACTO GOVERNMENT -exists only in fact, not in law
A de facto government is one which is established by force,
by usurping the powers of a legitimate government or by
invading the territory after a war or defeating a particular
authority and thereby thereafter establish a government.
KINDS OF DE FACTO GOVERNMENT
There are three kinds of de facto government:
a. government of paramount force
This is the government that we had during the Japanese
occupation (see Co Kim Chan v. Valdez 75 Phil 113)
b. government that is established by the inhabitants of the
country who rise in insurrection against a parent state
c. government that is established after usurping the powers
of a legitimate government and maintaining itself against
that legitimate government
democracy - 'demos'
Kwin
A. GOVERNMENT OF PARAMOUNT FORCE

JAPANESE OCCUPATION
Take for instance the government that we had during the
Japanese occupation while we were still under US.
We had the Commonwealth Government that was
established pursuant to the Tydings McDuffie Law. It was US
who has the rightful authority of the Philippine territory on
the basis of the Treaty of Paris.
The US was not overthrown by the Japanese military
authority. IOW here has never been a transfer of authority
then from US to the Japanese.
Between the two governments, the Commonwealth and the
one established by the Japanese military army, the prior has
the consent of the rightful authority.
But you cannot deny the fact that the Japanese also
established their government in Manila. And because of the
establishment of the government there, they had to transfer
the seat of the Commonwealth Government to Washington
DC.
So in reality, the one controlling the affairs of the country
through Manila were the Japanese, not the Commonwealth,
so that the Commonwealth government exists only in law
but cannot exercise the acts of sovereignty at the time
because of the presence of Japanese military.
While the Japanese is controlling the country, they exist only
in fact, but not in law because they did not have the consent
of the rightful authority.
EFFECTS OF BELLIGERENT OCCUPATION OR GOVERNMENT
OF PARAMOUNT FORCE
What is important here in political law is that you will know
and understand the consequence of the establishment of
the government of the Japanese.
This is what we call belligerent occupancy or a government
that was established by paramount force.
What happens to the laws that was passed by the
Commonwealth government? ex. 1935 Constitution. Can it
still be applied during the Japanese occupation?
Remember that the constitution is political in nature.
POLITICAL LAWS
Insofar as political laws are concerned, can they still be
applied? Are people still bound to obey and consider that as
the constitution during the Japanese occupation?
Except for the allegiance to the territory, US or laws on
treason, all political laws were suspended.
It is not abrogated because there is no change of
sovereignty. TN of the difference.
The sovereignty of US over the territory was merely
suspended because of the presence of the Japanese.
As between Spain and US, when there was a transfer of
sovereignty, all political laws were automatically abrogated,
repealed or abolished.
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Page 29
CONSTITUTIONAL LAW
But not during Japanese occupancy. POLITICAL LAWS WERE
MERELY SUSPENDED.
Except on laws relating to laws on allegiance and laws on
treason.!!!
MUNICIPAL LAWS
Municipal laws continue unless they are repealed by the
belligerent occupant.
EFFECT OF REMOVAL OF BELLIGERENT OCCUPATION
What happened after the belligerent occupant was removed
and there was the resumption of the operation of the
commonwealth government which later turned out to be
the Third Republic of the Philippines? What happened to the
laws that were passed by the Japanese sponsored
government?
POLITICAL LAWS
Insofar as laws that are political in nature, they are
automatically abrogated.
Laws or acts of government tainted with political
complexion are also abrogated.
NON POLITICAL/MUNICIPAL LAWS
Non political/municipal laws or acts of government remain
good and valid.
DECISIONS OF THE COURT
Meaning decisions of the court at the time that were made
during the Japanese occupation that were non political are
still recognized as good and valid.
But if these decisions, were tainted with political
complexion, they too are abrogated.
Case:
He was convicted for robbery for stealing wires of
communication. And when there was a resumption of the
government, he asked for a writ of habeas corpus on the
ground that his conviction was politically tainted.
It was not an ordinary robbery. He stole the wires for the
purpose of sabotaging the government of the Japanese. So it
was politically tainted.
B. GOVERNMENT THAT IS ESTABLISHED

INHABITANTS OF THE COUNTRY WHO
INSURRECTION AGAINST A PARENT STATE
Kwin
BY THE
RISE IN
FIRST PHILIPPINE REPUBLIC

A good example of this is during the revolutionary period of
the Spanish period.
Remember the establishment of the First Philippine Republic
by Aguinaldo whose declaration of independence we will be
celebrating this June 12 (1898).
It was not however recognized as such because it only lived
for a month. They were not able to get the recognition from
the Family of Nations.
AQUINO ADMINISTRATION - de jure
Then we have the legitimacy of the Aquino Administration
after EDSA.
There was a question WON Aquinos administration was de
jure or legitimate.
REQUISITES
Here, you take note of the requisites:
1. taking over by one power over an existing government
Either by force, violence or voice of majority.
2. for the government to be considered de facto, it must
maintain itself against the legitimate government.
Considering that insofar as 1973 Constitution was concerned,
it was the Marcos Administration that was legally declared
as the de jure government, was there still a Marcos
Government that the Aquino government was maintaining
against after the EDSA revolution?
Apparently, there was no Marcos administration anymore.
So apparently, there is no need to make a distinction. And
in fact this was ratified by the recognition of the Family of
Nations that indeed the Aquino Government is a
government that was with the consent of the Filipino
people.
And this was formally recognized by the ratification of the
1987 Constitution, which is a legal process and the
subsequent election of the governmental officials,
particularly the congress.
It may have started as a revolutionary government, but
ultimately, they were able to obtain the legitimacy be legal
process, such as by ratification of the constitution that was
used by the government and the election of government
officials, and ultimately the recognition by the Family of
Nations.
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Page 30
CONSTITUTIONAL LAW
ARROYO ADMINISTRATION - de jure
Then there was the question on the Arroyo administration
after the EDSA II, on WON the government of Arroyo is de
jure.
Case: Estrada vs Disierto
Sc said that there is no question of legitimacy because Arroyo
only succeeded by operation of law. Estrada having
resigned, she became the next president. So it is de jure.
It has nothing to do with transferring power from one
government to another. This involves only one government
and the change of administration by operation of law. In this
case, succession.
Therefore, Arroyo became the legitimate president of the
Republic.
FUNCTIONS OF THE GOVERNMENT

Insofar as liability and suability, we should know the
difference between:
1. governmental or constituent function
2. ministrant or proprietary function
OBLIGATIONS OF THE GOVERNMENT
Insofar as the obligation of the government is concerned,
there is no more distinction between constituent and
ministrant.
They are all mandatory functions of the government
especially the concept of the PROMOTION OF SOCIAL
JUSTICE.
IOW what used to be an optional functional government now
has become a mandatory function of the government.
Because without the governments intervention, no one can
live a decent life.
MANDATE OF THE CONSTITUTION TO THE GOVERNMENT
Inasmuch as the government is mandated, what is the
mandate of the constitution to the government?
That it must give those who have less in life, more in law;
so that a man can live a decent life as part of his promotion
of and protection of human rights.
Kwin
PRINCIPLES UNDERLYING THE OPERATIONS OF GOVERNMENT

ART 2 DECLARATION OF PRINCIPLES AND STATE POLICIES
GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES
But you already know what government we are referring to,
that is defined under sec 1 of the Revised Administrative
Code as the corporate governmental entity through which
functions of government are exercising as the country
appear from the context throughout the country, including
various arms through which political authority is made
effective in the Philippines pertaining to:
Autonomous regions
Provinces
Cities
Municipalities
Barangays
Other forms of local government
IOW when we say Government of the Republic of the
Philippines, we refer to agency or instrumentality exercising
governmental functions.
like in political dynasty
NON SELF EXECUTORY
This government is founded on the principles as declared in
art 2. But TN, they are not self executing. Therefore, you
cannot go to court and use these provisions as basis for
judicial action, unless there is a law implementing the
provisions of art 2.
Case: Tanada vs Angara - World Trade Agreement

SC said you cannot use the provisions of art 2 as your legal
basis to go to court for judicial relief.
If there is any violation of the judicial provision, you cannot
implement these provisions unless there is a statute or
legislation implementing the provisions of art2. sec. 7
It cannot be a source of right neither can it be a source of
obligations of the government.
governmental functions vs proprietary/ ministrant

-main exec, leg and jud -on top of govtal fns
-for promotion of gen welfare
-optional (can be taken cared
of by private enterprises)
What used to be an optional function of the govt has now become a
mandatory obligation because of the mandate of the constitution to
promote social justice (eg. low cost housing and relocation of informal
settlers). People won't live a decent life if govt will not intervene.
-------PREMID--------
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Page 31
CONSTITUTIONAL LAW
SEC 1
SECTION 1. The Philippines is a democratic and republican State. Sovereignty
resides in the people and all government authority emanates from them.
people = electorate
We started discussing on section 1.
EX. INTERPRETATION OF THE LAW

In the interpretation of the law, SC is assigned.
Kwin
EX. ADMISSION TO THE BAR

Admission to the bar, it is the SC.
MANIFESTATIONS OF A REPUBLICAN GOVERNMENT

Therefore, the president cannot interfere in that function of
So we explain, how do you know that that the government is
SC.
republican?
Like in the lowering of the bar rating, congress cannot
You will know that it is republican because of the
legislate that because that function is exclusive to the SC.
manifestations
Because the constitution says so.
1. existence of the bill of rights
L, E and J
2. government of law and not of men
If you have mastered articles 6, 7, and 8, you will know that
3. observance of the separation of powers
these functions cannot be interfered with. The moment that
-corollary principle: principle checks and balances
is interfered with, then there is always the question of
Judicial review
violation of separation of powers.
4. non delegation of legislative powers
5. right of suffrage -elections through popular will
IMPLIED EXCLUSIVE POWERS
6. accountability of public officers
Also you must TN, while there are different powers of each
7. prohibition against the passage of irrepealable laws
branch, there are powers that are not expressed but are
8. plurality
understood by implication, because it is inherent and
9. rule on majority -one who gets the highest number of votes winsnecessary in the exercise of the express powers.
X: if there is checks & balances, or if And that is a prerogative as well of the branch that cannot be
GR:
3. SEPARATION OF POWERS some functions are shared by depts
interfered with by the 2 other branches of government.
If the powers are concentrated only in one person, then the
system is not democratic but a monarchial, autocratic,
-EXAMPLE: CONGRESS CONTEMPT - legislative inquiry
tyrannical or a dictatorial government.
Congress main function is to make laws. That is express by
So you have three branches.
the constitution. Thats plenary.
HOW OBSERVED
In a system of presidential form of government, how is this
observed?
For as long as the power is a prerogative, a discretionary
power of a branch, that cannot be interfered with by the
two other branches of the government.
How do you know that this is a prerogative of one branch or a
discretionary power of one branch?
Because the constitution expressly assigns the power to
that particular branch.
EX. MAKING OF LAWS
In the making of laws, the constitution says it is assigned to
congress.
Therefore as a general rule, that power can only be
exclusively exercised by congress, not by the president, not
even by SC.
EX. EXECUTION OF THE LAW
In the execution of the law like appointment of government
officials to execute the law, the constitution says it is
assigned to the president.
Therefore, congress cannot interfere, neither can SC.
As an incidental function, to make it effective, they inquire

in aid of legislation. That too is express.
But what if the person being summoned by congress will
not appear. This is not provided in the constitution but it is
inherent in the express power granted in congress which is
contempt powers.
So you have to master the incidental powers granted to a
particular branch in the exercise of the express powers
because they too shall be exercised with the guaranty that
they too should not be encroached or interfered upon by
the two other branches. OW any encroachment of these
inherent or implied powers or residual powers are
considered violation of separation of powers.
Pres' Executive Privilege vs Congress' Legislative Inquiry
sovereignty exercised directly by people thru:

1) ratification of the constitution
2) election of govt officials
3) creation/abolition of laws thru plebiscite
4) initiation of laws thru initiative
5) approval/rejection of laws by referendum
6) desisting the govt power thru people power
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CONSTITUTIONAL LAW
ON THE MATTER OF IMPEACHMENT
What does the constitution say on impeachment? To whom is
this vested?
Initiation of impeachment proceedings, the constitution is
very clear, house of reps.
Prosecution and hearing of the case, the prosecution will
be in the house of reps if there is an initiation of
impeachment. But who is gonna hear the case? Exclusive of
the senate.
What is the controversy on the impeachment proceedings?
Because the SC issued a TRO and now the house of reps are
complaining that that is an encroachment to the exclusive
prerogative that the constitution has expressly assigned to
them.
Was there an encroachment vis a vis a judicial review by SC,
and in fact SC issued a TRO in the case of ombudsman?
TN that while it is true that SC has provided an assignment
for each branch, this must be exercised in accordance with
the provisions of the constitution.
OW, if you go beyond what is granted to you, who will be
saying that you have abused your authority? It is the courts,
as an express assignment of the constitution to the courts.
Remember, judicial power is defined as not only limited to
settling disputes involving legally demandable and
enforceable rights and as well as to determine whether
there has been a grave abuse of discretion amounting to
lack or in excess of jurisdiction.
So SC says that what they are doing is their job as assigned
by the constitution that they are to review whether the
discretion is abused amounting to lack of jurisdiction.
This is not an assertion of the superiority of the courts but
the supremacy of the constitution as enunciated in the case
of Angara vs Electoral Commission.
Kwin
June 13, 2011
EXPRESS POWERS
For as long as the power is a prerogative of a particular
branch, that cannot be interfered with or encroached upon
by the other branches in the government.
How do you know that it is a prerogative or a discretionary
power of that branch?
Because it is assigned to it expressly by the constitution as
a GR.
IMPLIED POWERS
Although, because of that express grant of the power, there
are certain powers although not granted by the constitution
is inherent in the express power, still that is considered as
discretionary in the branch and therefore that cannot be
interfered with by the other branches of government.
EXAMPLE CONGRESS CONTEMPT
Law making is an express grant of powers to congress. In
fact it is plenary. Except for the limitation that may be
provided in the constitution for both procedural and
substantive limitations.
But as you knew already, corollary to the mower to make
laws is the power of legislative inquiry and that is expressly
granted by the constitution to congress.
But in that express grant of power, there is no mention
about contempt power that may be exercised by congress
for contumacious witnesses who refuse to testify in relation
to this legislative inquiry in aid of legislation.
But it is understood, it is inherent in the power of
legislative inquiry in relation to the law making power of
congress that there should be some teeth to the exercise of
powers OW it will be useless to summon witnesses to shed
light on certain matters that would help them in legislation if
they can easily refuse the summons being issued by
congress.
And that contempt powers as a general rule cannot be
interfered with by the SC by issuing an injunction because
that is a discretionary power of congress, although not
express, its inherent in the express power granted by the
constitution to congress.
Neither can the president interfere by granting pardon to
those who are cited for contempt. Because that will be
considered an encroachment of a prerogative of a particular
branch and thereby violating the separation of powers.
That is the more difficult part. Because insofar as the express
powers, you have mastered that. And as a GR, it cannot be
interfered with because of the principle of separation of
powers.
Inherent powers, residual powers or powers that are implied
in the grant of the express powers are those that you are
not too familiar because they are jurisprudentially
established by express provision of the constitution.
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CONSTITUTIONAL LAW
EXAMPLE PRESIDENT DEPORT UNDESIRABLE ALIEN
For example is the power of the president as the chief
executive of this country to deport undesirable alien.
You cannot find that in any provision of the constitution. It
is a residual power inherent in his being the chief executive.
And therefore it cannot be questioned by the congress,
neither by the court.
EXAMPLE ENTRY TO COUNTRY (?)
On the matter of who should be allowed to enter the
country, that is also a residual power established by
jurisprudence.
Case: Marcos vs Manlapus
It was considered an encroachment by the SC when it was
reviewed. Later it was explained why it was reviewed and
there was a justification why the SC was not cited for
violating of separation of powers.
Because there are exceptions to this. But generally, when
the power is granted to the constitution or if the power is
inherent in the express grant of powers, the residual power
or implied power necessary to the express power, like the
express powers, they are exercised by the three branches
without the encroachment or the interference of the other
branches of the government.
EXAMPLE PRESIDENT DECLARATION OF STATE OF
NATIONAL EMERGENCY
You also have hat issue relating to the declaration of the
state of national emergency. Is there any provision in the
constitution that the president can expressly exercise the
power? NO.
But this was implied in the case of Arroyo as the chief
executive fostered by her being the commander in chief of
the armed forces, and should not be interfered with b ythe
courts.
SC sustained that power of the president.
Kwin
PRINCIPLE OF CHECKS AND BALANCES

Another point that you should TN on the separation of
powers is on the checks and balances on the exercise of
discretionary powers.
Because while it is true that the power is expressly assigned
to a particular branch by the constitution, the constitution
itself provides for the limitation or the checking of the
power in order to balance the powers of the government
and protect the people from any arbitrary control by any of
the branches in the government.
-EXAMPLE LAW MAKING POWER (CONGRESS)
What I have earlier pronounced that the law making power
of congress is plenary, but the power by express provision of
the constitution is being limited or checked by the
constitution itself.
How is this checked by the constitution? No bill shall be
passed unless it is signed by the president. So if the
president finds it contrary to the constitution, the president
can always exercise his prerogative as expressly granted the
constitution vetoing the bill.
If the veto power of the president is likewise abused by the
powers of the president, that can also be checked by
congress itself by repassing the bill.
Of it obtains 2/3 votes, then the veto power is overridden.
The bill becomes a law regardless of the veto of the
president.
JUDICIAL REVIEW
And in the event, if that bill is contrary to law, however it
was sighed by the signed by the president or overridden by
2/3 votes of all members, the constitution provides for a
limitation.
If anyone is aggrieved by an unconstitutional law, he can
always seek relief or redress from the courts and only then
can the courts check these powers by judicial review.
TN of the powers of SC or other inferior courts in the
exercise of judicial review. Because of the separation of
powers, the court cannot moto proprio declare a law
unconstitutional, or consider the exercise of the prerogative
as having been exercised with grave abuse of discretion
amounting to lack or in excess of jurisdiction.
Someone has to invoke the authority of the courts by filing
a case in courts.
But it is not the mere filing of the case in court because
there are other requisites that must be complied with in
relation to the separation of powers.
REQUISITES TO FILE A CASE TO DECLARE A LAW
UNCONSTITUTIONAL:
1. actual case or controversy
2. raised by the proper party
3. raised at the earliest opportunity time
4. question of constitutionality must be the lis mota of the
case
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CONSTITUTIONAL LAW
Kwin
GENERAL CONCEPT OF JUDICIAL POWER

Here, in the event someone goes to court and questions
the constitutionality of law, TN of the role of SC. SC can now
review. Because now under sec 1, art 8, judicial power is not
just limited to applying the law and determine the conflict
by settling the disputes, applying laws that are applicable in
case of a conflict involving rights that are both demandable
and enforceable. Then, the court usually in the exercise of
judicial power interpret the law and apply the law. That was
the general concept of judicial power.
EXPANDED CONCEPT OF JUDICIAL POWER

But TN that has been expanded that the SC and other
courts can also review WON there has been grave abuse of
discretion amounting to lack or in excess of jurisdiction.
IOW what our constitution has recognized that each branch
is supreme on its own sphere whose prerogatives cannot be
interfered with by the other branches including the SC;
because of the provisions of art 8, here that may still be
reviewed if somebody goes to court and ask for relief,
questioning the validity in the exercise of the prerogative.
The constitution so provides.
Precisely, before the SC resolved on the merit, the issue,

the SC still has to determine whether there is justification to
exercise its power of judicial review.
Because as I have said, the judicial power may be used to
interfere into the prerogatives of the two other branches to
make sure that SC will not be accused of interfering so you
must make sure that the 4 requisites are present.
So if one of the elements is absent, generally, there is no
justification for SC to exercise judicial review. OW that
would be an encroachment of the prerogatives of the two
other branches of the government.
So the SC has no choice but to review because that is part

of their power and obligation.
And if it finds that indeed there is a grave abuse that while
that is your discretionary power, however you abuse it
amounting to lack or in excess of jurisdiction, SC has the task
to nullify it or declare it as null and void.
This is not an assertion of the courts superiority. This is an
assertion of the supremacy of the constitution.
(Angara vs Electoral Commission)
Case: Ombudsman Merceditas Gutierez

There was an accusation made in the house of reps
particularly the Committee on Justice, the SC has abused the
power of judicial review because they have interfered with
the prerogative to initiate impeachment proceedings.
Here TN that the issue is not the interference into the
impeachment proceedings prerogative to initiate on he part
of the house of reps, but to determine as it was alleged by
the petitioner that that prerogative has been abused by the
house of reps by not following the procedure as provided b
the constitution.
The constitution provides that there can only be an
initiation of impeachment proceedings not more than once
in a year, and that was an issue.
Naturally the SC has to look into that because it was
alleged. And eventually the SC ruled in favor of the house of
reps saying that there has been no abuse of discretion and
there has been no violation of the requirements of initiation
of impeachment proceedings.
That does not make the SC superior of the two other
branches, but simply assert what is provided in the
constitutionnot the superiority of the courts but the
supremacy of the provisions of the constitution.
POLITICAL QUESTIONS
IOW, even political questions involving purely discretionary
matters may still be reviewed by the courts without violating
the separation of powers.
Its more on checking the powers in order to balance the 3
branches powers and protect the people from any arbitrary
control by the presidents exercise of his prerogative or by
congress in the making of laws, through this judicial review
power of the courts.
However, insofar as political discretionary powers, the
issue is limited into WON there has been a grave abuse of
discretion amounting to lack or in excess of jurisdiction.
In many cases where there is a question on

constitutionality, specially when there is a conflict between
the exercise of powers of the president and of congress, the
SC can always act as a referee.
Even if he claimed that the power is discretionary because
it is expressly assigned to them by the constitution, this is
not to preclude the SC to review if that discretionary power
is abused.

There was a question on the discretionary power of the
president to determine who should be allowed to the enter
the country.
Notwithstanding that it is a discretionary power of the
president, the SC reviewed it if only to determine whether
that discretionary power of the president is abused
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CONSTITUTIONAL LAW
SHARING OF THE POWERS
Another point that you should TN are those circumstances
where no less than the constitution or existing statute
providing for the sharing of the exercise of the powers.
-EXAMPLE SHARED LAW MAKING POWER
For instance, the law making power is definitely the power
expressly assigned to congress as provided in the
constitution.
But do you know that this power by express provision of
the constitution has also been assigned or delegated to the
two other branches of the government?
The PRESIDENT is delegated with EMERGENCY POWERS
under sec 23 or to ADMINISTRATIVE BODIES on subordinate
legislation.
This is executive branch and yet exercising the power to a
certain extent for purposes of implementing the law. They
promulgate rule and regulations insofar as administrative
bodies under subordinate legislation, the president insofar
as the exercise of emergency power.
In effect, the executive branch exercises legislative powers,
however limited.
We will explain this further when we go to the delegation
of legislative powers.
Kwin
-EXAMPLE SHARED JUDICIARY POWERS

In the exercise of QUASI JUDICIAL POWERS by the
ADMINISTRATOVE BODIES, settling disputes between and
among employees subject to the review of the president.
That is by nature judicial but that is assigned to the
executive department.
CONGRESS to a certain extent also exercises judicial
functions. CONTEMPT power is by nature judicial.
ELECTORAL TRIBUNAL POWERS to conflict or settle conflicts
involving election offenses among members of congress.
Who are the members of Electoral Tribunal? 6 of whom are
members of congress.
IMPEACHMENT is judicial by nature. There is a proceedings
where it is adversarial where house of reps acts as a
prosecutors and the senate as the adjudicators or tribunal.
So if you can observe, there is more to the blending of

powers rather than the complete or absolute separation of
powers. Theres more to the interdependency of the powers
rather than on complete independence.
TN in relation to it, you have checks and balances and you
have judicial review power of the courts.
The SC under sec 15 art 8, the SC has exclusive power to

promulgate rues governing:
1. Pleadings
2. Practice of law
3. Procedure in court
4. Admission to the bar
5. Matters extending free legal assistance to the indigents
These are exclusive.
In the case of Gingoyon vs Republic, congress is never
precluded form promulgating or making or enacting laws
providing or amending the rules of court. Because after all,
the legislative power is plenary as far as congress is
concerned.
-EXAMPLE SHARED EXECUTIVE POWER
How about the executive power? Are there instances when
it is also being exercised by the two other branches? YES.
In the matter of APPOINTMENT, by nature that is
executive. To ensure hat laws are faithfully executed, the
president being the chief executive makes the appointment
in the government. In fact, if there is no law providing who
should be the appointing authority, it is understood that
that power is being appointed with the president being the
chief executive.
But this power is being assigned to CONGRESS and SC, in
the matter of APPOINTING THEIR OWN STAFF AND
PERSONNEL to maintain the independence of the three
branches.
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CONSTITUTIONAL LAW
4. NON DELEGATION OF LEGISLATIVE POWERS
Related to separation of powers is the non delegation of
powers, particularly legislative powers.
Because there is separation of powers, as a GR, the powers
should not be given up to anyone. It is not only a power to
exercise but an obligation. The people through the
constitution has expressly assigned the power to that
particular branch.
What has been delegated cannot in turn be delegated by the
delegate to another delegate.
That is the reason why there is the prohibition against the
delegation of powers.
As I have said earlier, it is more on the legislative power
because theres more on the law making where the
government has to come up with laws in order to meet the
exigencies and needs of the public.
PERMISSIBLE DELEGATION OF LEGISLATIVE POWER
(EXCEPTIONS)
While non delegation of powers is a GR, there are certain
exceptions to that. This is what we can permissible
delegation of legislative power.
Because of the growing complexities of the people and the
government has to meet the needs of he people
immediately, it cannot be avoided and it would be best for
the power to be delegated.
And so we have the power delegated to the:
1. president
2. administrative bodies
3. local governments
4. people at large
1. DELEGATION OF POWER TO THE PRESIDENT
TN of sec 23 art 6, the requisites and the relevant
principles.
SECTION 23.
(1) The Congress, by a vote of two-thirds of both Houses in joint session
assembled, voting separately, shall have the sole power to declare the
existence of a state of war.
(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 resolution of the
Congress, such powers shall cease upon the next adjournment thereof.
Case: David et al vs Arroyo

This relates to the state of national emergency.
Case: Sanlakas vs Executive Secretary
This relates to the declaration of a state of rebellion
emergency powers
grant: thru statute
withdrawal: thru resolution could do
Kwin
EMERGENCY POWER
Emergency power is vested with congress. This is not
exercised by the president unless it is delegated. Os it is only
delegated to the president.
And by sec 23, it is delegated to the president in cases of:
a. national emergency
b. war
LIMITATIONS
TN of the limitations:
a. it can only be delegated or granted by law passed by
congress
b. in cases of national emergency or of war
c. limited only for a period of time
1. until emergency exists
2. unless it is lifted or withdrawn earlier
3. until the next adjournment of congress (special or
regular session)
d. it can only be withdrawn by a resolution
-there is no need of the approval then of the president
(not a law)
e. scope is limited only to carry out the declared policy of
congress
The president cannot therefore exercise the power without
the express grant of congress.
DECLARATION OF STATE OF NATIONAL EMERGENCY

How about the declaration of the state of national
emergency? Can the president do that without the congress
delegating the exercise of emergency powers to the
president?
The SC said theres no need for the delegation of
emergency powers to the president to make a declaration
either of a state of rebellion or a state of national
emergency.
Because after all, this is based on the president being the
chief executive. He knows the status of the country and the
condition of the country at the moment considering that the
evidences and materials he would be needing are within his
reach because the departments providing for the
information are under the control of the president like the
PNP and military.
So definitely the president can declare a state of national
emergency bolstered by the fact that the president is the
commander in chief of the armed forces.
But the moment that the president orders the warrantless
arrest, the taking over of some public utilities or vital
industries because of such emergency, he cannot do that
without the grant of emergency powers to him by congress.
(David et al vs Executive Secretary)
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CONSTITUTIONAL LAW
2. DELEGATION TO ADMINISTRATIVE BODIES
As part of subordinate legislation, what has been delegated
is only the rule making power.
There cannot be the promulgation of rules by the
administrative bodies having the force and effect of law if in
the first place theres never been a law delegating the
exercise of the power to the administrative body.
So there has to be a law passed by the congress providing
for the basis of the promulgation of implementing rules and
regulation.
Supposedly, the rules promulgated by the administrative
bodies will provide for the details or for the limitations or
parameters for which the law can effectively enforced.
KINDS OF LEGISLATION THAT ADMINISTRATIVE BODIES MAY
PROMUGLATE
There are two kinds of legislation that the administrative
bodies may promulgate as part of subordinate legislation:
a. providing for details
b. providing for limitation
For as long as it is within the provision of the law.
TEST ON VALID DELEGATION OF POWER TO
ADMINISTRATIVE BODIES
So you TN of the test in the delegation of the power to the
administrative bodies:
a. COMPLETENESS TEST
The law must be complete in itself so that nothing is left
to the administrative body to determine what the law is. All
that it needs to do is to implement the law.
Because it is incomplete, it is lacking with basic
provisions, then there is undue delegation.
b. SUFFICIENCY OF STANDARD TEST
You may find this in the introductory part of the
substantive law itself. You may provide for the reason why
this law is adopted.
So that in the promulgation of the rules and regulation,
the administrative bodies will be guided accordingly as to
how the rules will be promulgated, the boundaries and
parameters to which that law will be implemented.
Case: Ipira vs Department of Energy
Theres the universal charge imposed for the distribution of
electricity. The purpose of which is to have electricity
distributed all over the country. It is shared by all electricity
consumers. And it is the Department of energy that
enforced it by promulgating the rules and regulation.
There was a question on the Department of Energy to do
that. They say there was no delegation because this was a
tax imposition.
SC said thee is no violation of the non delegation of non
legislative power because what the DOE is simply to
implement the law.
This is not a taxing power that is being exercised but more
Kwin
on police power.
And this is by express delegation of the law itself to the
DOE.
3. DELEGATION TO LOCAL GOVERNMENTS
RA 7160 LOCAL GOVERNMENT CODE
There cannot be an exercise of the power of LGUs without
the express grant of Congress; RA 7160, the Local
Government Code.
LIMITATIONS
TN because it is a delegated power, the power is not
without limitations. In fact, LGUs cannot pass laws contrary
to the constitution and contrary to laws passed by congress.
They cannot therefore prohibit a trade that is allowed
under existing laws neither can they pass laws amending
national laws. Because the power is limited.
They cannot prohibit. They can only regulate.
CANNOT PROHIBIT BUT MAY REGULATE
Case: Cruz vs Paras
This is about the closure of night clubs which was not the
an activity that is considered illegal by law.
They cannot be prohibited by LGUs. They may only be
regulated.
CANNOT PASS LAWS CONTRARY TO NATIONAL LAWS
We do not have a federal system of government. Ours is
still unitary. Our LGUs are not independent from the
national government. They cannot make laws contrary to
laws already passed by the national government.
Case: Magtakas vs Pryce Properties
This is about the establishment of casinos in CDO. It was
declared unconstitutional because the government cannot
prohibit the activity. They can only regulate.
CANNOT PROHIBIT PRACTICE OF PROFESSION
Including the practice of professions, LGUs cannot in the
guise of promoting general welfare prohibit certain practice
of profession or business.
It can only be regulated by LGUs but certainly cannot be
prohibited.
NOT OPPRESSIVE, NOT UNREASONABLE AND LIMITED TO
TERRITORIAL JURISDICTION
Another is that the laws passed should not be oppressive,
not unreasonable and it is only limited within its territorial
boundaries.
So if a municipality passes an ordinance, as long as it is not
contrary to existing laws, it cannot be a applied to another
municipalities because it is nly applicable within its
territorial boundaries.
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CONSTITUTIONAL LAW
MMDA
MMDA is not a local government or a political subdivision.
It does not exercise police power. You can only enforce the
law of LGUs composing of Metropolitan Manila.
But they cannot on their own make rules and implement
them. Either they make rules on the basis of existing laws or
on the basis of local laws on the different municipalities and
cities comprising the MMDA.
Case: Bel Air vs MMDA
This question WON they can divert the traffic in a private
subdivision, invoking the exercise of police power without
paying just compensation.
SC said, in the first place, MMDA has no police power. It
cannot also take private property without payment of just
compensation because virtually, by allowing traffic to enter
a private subdivision is taking the property for public use.
Case: Garin
An MMDA traffic enforcer confiscated the license of a
lawyer.
The lawyer was saying he has no authority because he does
not have police power.
SC sustained the argument that MMDA was not a political
subdivision and therefore does not exercise police power.
However, because it is an administrative body, there is
existing law allowing them to confiscate, then they can do
so.
Not by their authority as an office but the local
governments that comprise the MMDA.
Case: Francisco vs MMDA
Regarding on the Wet Flag Scheme, there was a question
on due process and on the authority of MMDA to pour
water on you for traffic violation.
They were authorized by LGUs to implement traffic rules.
Francisco questioned the constitutionality.
There was a question WON he is a proper party because he
was not the one who got wet.
There was no problem with due process because SC said
that was only preventive. In preventive, no hearing is
required.
Does the MMDA have the authority? Yes. Not because of it
being MMDA but because they were authorized by the
LGUs comprising the MMDA.
They are treated as an administrative coordinating body.
Kwin
4. DELEGATION TO PEOPLE AT LARGE

As regards to the exercise of the power, you will wonder
shy should it be delegated to the people when the source of
sovereignty is the people. In fact sec 1 art 2 provides:
Sovereignty resides in the people and all government authority emanates
from them.
Why is there a need to delegate the power when the

sovereignty resides in them?
As provided in the constitution, it is not on the delegation.
Its more on the provision on the procedure or mechanism
on how he people can exercise the power.
RA 6735
And thus under sec 31 of art 6 of the constitution, the
congress is mandated by the constitution to pass and enact
a law providing for a procedure.
And thus we have RA 6735 providing on procedure on
people making laws either directly or indirectly including
amending the constitution.
How is this done:
1. initiative
a. on statute
b. on local legislation
c. on amendments to the constitution
2. referendum
1.a. INITIATIVE ON STATUES
Case: Lambino vs Comelec
As regards to initiative on statues, people can directly
propose national laws provided that the petition has to be
signed by petitioners comprising of at least 10% of the total
registered voters of which 3% are representing the different
districts nationwide.
(amendment on constitution is 12% and 3%)
1.b. INITIATIVE ON LOCAL LEGISLATION
What are the political subdivisions that can initiate local
legislation? How many voters required to sign?
a. autonomous regions
2000 voters
b. provinces
1000
c. cities
500
d. municipalities
100
e. barangays
50
It could be ordinance or resolution
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CONSTITUTIONAL LAW
1.c. INITIATIVE ON AMENDMENTS OF CONSTITUTION
We need 12% and 3% of each legislative district.
SC says that RA 6735 is sufficient to provide for the
mechanism on how people can initiate amendments on the
constitution. However, it is only limited to amendments, not
a revision.
This is now modified decision of SC in Santiago vs Ramos,
RA 6735 is not sufficient XXX
This has been changed in the case of Lambino. As long as
the petition has been signed by the authors of the initiative,
subject to ratification of majority vote in a plebiscite called
for the purpose.
2. REFERENDUM
Referendum is an indirect way of proposing laws. Instead it
will be congress for the national law to propose. And people
will either reject or approve it in a referendum.
Same with the LGUs. the sanguninans will propose and the
people in the locality will approve or reject it in a
referendum.
In initiative on amendments, it is to be ratified not on
referendum but in a plebiscite.
AFTER BREAK
1. EXISTENCE OF THE BILL OF RIGHTS -grant and limit of rights

As we explained, the Bill of Rights will serve as a balance or
fulcrum between authority on one hand that is represented
by the inherent powers and rights of individuals on the other
hand.
Without the balance, you cannot have a republican system of
government. You will have a tyrannical system of
government.
Kwin
Insofar as SC is concerned, still we follow majority rule. Still

we follow majority rule, like the declaration of the law to be
contrary to the constitution and therefore null and void, you
need majority of those who actually participated in the
deliberation.
6. ACCOUNTABILITY OF PUBLIC OFFICERS
Because the public officers are chosen by the people, you
should always remember that the authority emanates from
the people. And thus at all times, they are accountable to
the people.
We have a separate provision on the accountability of public
officers. One of which is the impeachment of public officials
in the government or the office of the ombudsman and his
Anti Graft Courts or SB just to let the people or the officials
in particular be aware that they are always accountable to
the people.
7. PROHIBITION AGAINST THE PASSAGE OF IRREPEALABLE
LAWS
The GR is laws passed by congress are always subject to
changes/amendment/revision.
EXCEPTION: IMPAIRMENT OF CONTRACT
Can you cite an example of an exception where the law
cannot be repealed? Because to repeal it, it becomes
unconstitutional?
When the law impairs existing obligations of contract.
Like if you grant a tax exemption based on valuable
consideration, that cannot be revoked without violating the
law against the non impairment clause.
2. GOVERNMENT OF LAW AND NOT OF MEN
All men are subject to the law. whimsical caprices of rulers
Case: Villavicencio vs Lucban
not allowed.
-all prostitutes should be deported to Davao
Case: Echenova vs Gonzalez

You cannot just violate the law with impunity just because
you are powerful. Theres no one this country who is so
powerful that he can be above the law.
9. RULE ON MAJORITY - majority of House of Reps and of the Senate

Inasmuch as we cannot get the unanimous approval, we can
only estimate the consent of the people. And thats the
device on the majority rule. Because after all, the heavier
weight carries with it the lighter weight.
In many cases, you have specially where the body of the
government is collegiate or collegial, you always have a
decision reached by the approval of the majority.
Like for instance, in congress, you have the majority votes
which is only of the totality plus 1, and 2/3 or votes in
more important decisions that need to be made by
congress.
Kwin transcripts
Page 40
CONSTITUTIONAL LAW
SEC 2
SECTION 2. The Philippines renounces war as an instrument of national
policy, adopts the generally accepted principles of international law as part
of the law of the land and adheres to the policy of peace, equality, justice,
freedom, cooperation, and amity with all nations.
The things that you need to consider on the RENUNCIATION

OF WAR and the adoption of the GENERALLY ACCEPTED
PRINCIPLES OF INTERNATIONAL LAW AS PART OF THE LAW
OF THE LAND.
RENUNCIATION OF WAR
not defensive
What we are renouncing is only an OFFENSIVE WAR where
we become the aggressors.
We cannot give up a war because it is the duty of the
government and the people to defend the state.
INCORPORATION CLAUSE
What may be the source of generally accepted principles of
international law automatically, under the incorporation
clause, they form part of our legal system. IOW they are
treated as ordinary statues if there are no applicable local
law and in case when there is a need to apply an
international law.
WHAT MAY BE INCORPORATED
TN of what can be incorporated as generally accepted
principles:
1. treaties duly ratified by the president
As enunciated in the case of Pimentel vs Ermita. All the
cases being entered into by the president, we are bound by
it.
Case: Pimentel vs Ermita
This is the Statute of Rome that was questioned by
Pimentel because the president refused to give a copy to
the senate for concurrence.
It was declared by SC that on the matter of ratification,
that is exclusive to the president and under separation of
powers, they cannot ask for mandamus to compel the
president to forward a copy of the statute or the treaty.
This was on the establishment of the criminal courts of
justice.
Even if the senate has concurred to it, if the president
refuses to ratify it, then the president is not compelled to
ratify the treaty because after all, that power is exclusive to
the president.
To bind therefore the republic insofar as the treaties
being entered into, it must be ratified by the president with
the concurrence of 2/3 of the house of the senate, to
consider it as part of the legal system.
Inasmuch as it was not ratified by Arroyo while it was
signed by Estrada it was not ratified because the
president did not submit a copy to the senate for
concurrence.
Kwin
Are we bound by it? NO.

But is the establishment of the International Court of
Justice; are we subject to its jurisdiction? YES. While we did
not sign it, that law became a customary law for it was
ratified my the majority vote of the members of the UN. So
you may still be bound by it by incorporation clause
because one of the sources of international laws, other
than treaties entered into by the president, concurred by
2/3 of the members of the senate, are treaties which
become part of customary law.
2. treaties that have become part of customary law
Case: Nihok vs Director of Prisons
Case: Kuruda vs Halandoni
While we were not signatory to the establishment of
Commissions to prosecute the criminals during the war
who were responsible to the atrocities committed during
?
the WW II, we were never signatories Dakilo Brian that
authorized the establishment of the tribunals.
But because that treaty, although we were not
signatories thereto has become a customary law, meaning
it was adopted and followed by majority of the members of
UN, then we too are bound by it, because as customary
law, automatically, it forms part of our legal system under
this provision on the incorporation clause.
Case: Pimentel vs Ermita
The same with the Statute of Rome, we were not
signatories because we did not ratify although it was signed
by President Estrada.
But the moment it is a customary law, that can be
applied to us.
IOW like if there is accusation of the presidents violation
of human rights against those groups or individuals. Can
she be prosecuted in the International Courts of Justice?
YES. If you invoke incorporation clause, she may be
subjected to, following customary laws.
3. norms of general or customary laws
Case: Mijares et al vs Javier, April 12, 2005
With regard to the recognition of foreign judgments, we
dont have laws. Neither have we signed treaties with other
countries.
This has something to do with a case that was
prosecuted in US for violation of human rights against the
Marcoses. Judgment was rendered in favor of those
plaintiffs who complained that their rights were violated.
They were asking for damages.
Their problem is that the properties of the Marcoses
were in the Philippines. They wanted to implement the
judgment, but there is no treaty between the Philippines
and the US as regards to recognizing the judgment being
rendered by a local court in US.
SC said that there is no obligatory rule derived from
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CONSTITUTIONAL LAW
treaties and conventions that requires the Philippines to
recognize foreign judgments or allow a procedure for the
enforcement thereof.
However, generally accepted principles of international
law by virtue of the incorporation clause of the constitution
form part of the laws of the land, even if they do not derive
from treaty obligations.
ELEMENTS: (when it becomes customary law)
The classical formation of international seize those
customary rules accepted as binding result from the
combination of two elements:
a. established, widespread, and consistent practice on the
part of the state.
b. psychological element known as OPINION JURIS CIVI
NECESSITATES (meaning opinion as to law or necessity)
Implicit in the latter element is a belief that the practice
in question is rendered OBLIGATORY by the existence of
the rule of law requiring it.
Case: Pharmaceutical and Health Care Association of the
Philippines vs Duke et al., Dec 9, 2007
In milk cans, you see the notice breast milk is the best
for babies.
The producers of companies manufacturing these milk
say that they are not obliged because there is no law
requiring them, the bill at the time was still pending.
But there is an international requiring it, which has been
accepted and approved by majority, if not all members of
UN in the international community.
SC said it becomes a customary international law.
CUSTOMARY INTERNATIONAL LAW is deemed
incorporated into our domestic system. A mere
constitutional declaration, international law is deemed to
have the force of domestic law. Because there is that
international law, then it has to be complied like a local
statute.
So there are only 3 sources of generally accepted principles of
international law:
1. treaties that are ratified and concurred
2. treaties that have become customary laws
3. customary laws and international norms
Kwin
METHODS OF INCORPORATION
In the incorporation, it could be by:
1. transformation
2. incorporation
1. transformation
TRANSFORMATION is an express adoption of a generally
accepted principle of international law as a local law, by
legislating and making it a statute.
2. incorporation
In INCORPORATION, it is like adapting a generally
accepted principle of law by passing a statute, expressly
making it as a local law, or by pronouncement of the
constitution.
In our case, it is by the pronouncement of the
constitution that it is transformed into a local law by
adapting them as part of the legal system by express
constitutional declaration. And that is SELF EXECUTING.
WHEN APPLICABLE INTERNATIONAL CONFLICT, NO LOCAL
LAW
This is only relevant when there is no applicable law in the
locality and it involves an INTERNATIONAL CONFLICT. If
there is, it conflicts with the local law.
So if there is no applicable law in the locality and you need to
apply the law on a conflict, you may refer to these
international laws that are generally accepted as if it is a
local law.
It is treated like a statute.
CONFLICT BETWEEN LOCAL LAW & GENERALLY ACCEPTED
PRINCIPLE OF INTERNATIONAL LAW.
The problem will only arise if there will be a conflict between
a local law and a generally accepted principle of
international law.
How do you resolve?
First, according to SC, you have to RECONCILE AND
HARMONIZE the differences because after all, there is the
presumption that the government will not be stupid to enter
into an agreement to enter into its laws. Neither would they
pass laws that would be running contrary to international
congregation such as the treaties entered into.
However, if it becomes irreconcilable, how do you resolve the
conflict?
The GR is, it must always be the constitution that prevails.
No problem because a statue and a generally accepted
principle are of the same level, then if the statute is contrary
to the constitution, it will be declared unconstitutional.
Similarly, a generally accepted principle of international law
that is treated as a domestic law when it runs conflict with
the constitution will be declared null and void.
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CONSTITUTIONAL LAW
But if it an ordinary statue and an international law
Case: Ychong vs Hernandezr
treaty = statute
This is the case of internationalization of our retail trade,
where the foreigners are not allowed to enter into trade or
business such as a sari-sari store.
There was a question on which of the laws will prevail, the
Retail Trade Act or the Treaty of Amity and Friendship with
China, where we promised to the Chinese that their
nationals will be treated similarly with the Filipinos in the
matter of business.
According to the Retail Trade Act, only Filipinos were
allowed to engage in that business.
Inasmuch as the case will be resolved by our local courts
that are created by our local laws, it will be stupid to sustain
an international law against a law that created it.
So its understood that our local laws will always prevail
over international laws.
The courts themselves are created by law.
Case: Secretary of Justice vs Lantion
According to SC, the doctrine of incorporation is applied
whenever municipal tribunals are confronted with situations
in which there appears to be a conflict between the rule of
international law and the provisions of the constitution or
statutes of the local state.
Efforts should first be exerted to harmonize them so as to
give effect to both since it is presumed the municipal law
was enacted with proper regard for the generally accepted
principles of international law in observance of the
incorporation clause.
In a situation however where the conflict is irreconcilable
and a choice has to be made within a rule of international
law and municipal law, jurisprudence dictates that municipal
law should be upheld by the municipal courts for the reason
that such courts are organs of municipal law and are
accordingly bound by it in all circumstances.
The fact that international law has been made part of the
law of the land does not pertain or imply the primacy of
international law over national or municipal law in the
municipal sphere.
The doctrine of incorporation as applied in those countries
decrees the rules of international laws are given equal
standing with, but are not superior to national legislative
enactments.
Accordingly, the principle LEX PROSTERIO DEROGAT PRIORI
takes effect. A treaty may repeal a statute. The statute may
repeal a treaty.
In states where the constitution is the highest law of the
land such as the Republic of the Philippines, both statues
and treaties may be invalidated if they are in conflict with
the constitution.
Kwin
SEC 3
SECTION 3. Civilian authority is, at all times, supreme over the military. The
Armed Forces of the Philippines is the protector of the people and the
State. Its goal is to secure the sovereignty of the State and the integrity of
the national territory.
ROLE OF THE ARMED FORCES

Is it their duty to maintain peace and order in the country?
NO.
Their duty is specific -
to secure the sovereignty of the State and the
integrity of the national territory.
- Outside force, rather than
inside.
SUPREMACY OF CIVILIAN AUTHORITY HOW ENFORCED
Civilian authority is, at all times, supreme over the military
How is this enforced?

1. You have the president, a civilian authority who is made
as the highest military authority as the commander in chief
of the AFP.
2. You have Congress, a civilian institution which has the
power to appropriate public funds in the creation of offices
for the military and for the expenditures of the military
operations. Without public funds appropriated, there is no
activity of the military.
3. On the matter of recruitment of the members of the
armed forces, proportionate, by regions, to avoid
establishment of a clique among certain individuals.
4. The prohibition against the appointment of active military
men in the civilian government.
5. On the matter of appointment and promotion of
members of AFP, it has to be with the concurrence of the
Commission on Appointment.
6. In relation to the matter of Military Tribunals (court
matials hears cases involving members of the armed forces
who have been charged with offenses related to the articles
of war or in relation with the performance of their duty)
This is also a manifestation of the supremacy of the
civilian authority over the military.
oakwood mutiny
Case: Gonzales et al vs Rabaya, Aug 10, 2006
Senator Trillanes wanted to have his case tried before
the civilian court, so he moved for the dismissal of the case
in the court martial. Inasmuch as there is the supremacy of
the civilian authority over the military authority, the court
martial should be divested of jurisdiction over his case.
SC said that court matials are instrumentalities of the
executive to enable the president as commander in chief to
effectively command control and discipline over the armed
forces.
In short, court matial form part of the disciplinary system
to ensure the presidents control and thus civilian
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CONSTITUTIONAL LAW
Kwin
unduly
supremacy over the military.

At the apex of this disciplinary system, it is the president
who exercises review powers of the court matial.
before congress is based foremost on the principle that a

contrary rule duly diminishes the prerogative of the
president as commander in chief.
So basically, thats the reason why the decision of court

matial is subject to review by the president in his capacity
as the commander in chief of the armed forces as a system
of disciplining the members of the military.
So TN when you are asked a question WON the executive

privilege of the president is violated where the member of
the AFP or a military officer is prohibited to appear before
the committee hearing without the approval of the
president, TN, this does not apply on them.
The president can prohibit them not as a chief executive
enjoying executive privilege but rather as the commander
in chief of the armed forces in order to implement the
supremacy of the civilian authority at all times over the
military authority.
Case: Budani vs Senga

Godani?
There is the implementation of the supremacy of the
civilian authority over the military.
Budani was asked not to appear before the senate
committee regarding the irregularities being committed in
the last election of 2004.
He was told not to appear by the chief of staff upon the
order of the president as the commander in chief of the
armed forces.
Notwithstanding that order, he appeared before the
committee saying that he is being summoned and the
president, in the matter of invocation of executive privilege
will not apply as far as he is concerned.
He was court matialed thereafter for not heeding to the
lawful order of the chief of staff.
And then there was the question of the supremacy of the
civilian authority. WON it was correct for Budani to be
prosecuted before the court matial for not heeding to the
orders of the chief of staff, not to appear in the committee
hearing in congress.
SC said that by the vitality of the tenet of the president as
the commander in chief of the armed forces is most crucial
to the democratic way of life, to civilian supremacy over
the military and to the general stability of our
representative system of the government.
The constitution reposes final authority, control and
supervision of the AFP to the president, a civilian who is not
a member of the armed forces and whose duties as
commander in chief represent only a part of the organic
duty imposed upon the office, the functions clearly civil in
nature.
Civilian supremacy over the military also countermands
the notion that the military may bypass civilian authority
such as civil courts on matters such as conducting
warrantless searches and seizure.
The ability of the president to prevent military officers
from testifying before the congress does not turn on an
executive privilege. It has nothing to do with the executive
privilege, but on the chief executives power as the
commander in chief to control the actions and speech of
the members of the AFP.
The presidents prerogative as commander in chief are
not hampered by the same limitations as in executive
privilege. The president could as a GR require military
officers to seek presidential approval before appearing
Case: IBP vs Zamora

This is with reference to the employment of the military
to some shopping malls in order to maintain peace and
order.
Why was it questioned? Primarily the role of the AFP is to
secure territorial integrity of the country and political
sovereignty, and not to maintain peace and order. Thats
the PNPs role.
But it was justified by SC saying that they were following
orders of a civilian authority.
Kwin transcripts
Page 44
CONSTITUTIONAL LAW
Kwin
SEC 4
SEC 6
SECTION 4. The prime duty of the Government is to serve and protect the
people. The Government may call upon the people to defend the State and,
in the fulfillment thereof, all citizens may be required, under conditions
provided by law, to render personal, military or civil service.
SECTION 6. The separation of Church and State shall be inviolable.
This is with regards to the duty of the government to serve

and protect the people.
However, the government may also require civilians in the
country to defend the state.
PERSONAL OR CIVIL SERVICE HELP DEFEND
In relation to maintaining peace and order where the people
are required to help defending the state by rendering
personal or civil service;
Case: Chavez vs Romulo
As regard to the right of bearing arms.
There was a pronouncement made by the chief of the PNP
that all licenses to carry firearms are revoked, without any
hearing. It was only a declaration at the time of election.
And so he was complaining that it was a violation of the right
to due process where his right to bear arms is being
removed without hearing.
SC said, that in relation to the matter of defending the state
by civilian authority or by the people as their prime duty,
and the maintenance of peace and order, SC said
maintenance of peace and order and the protection of the
people against violence are constitutional duties of the
state. And to bear arms is to be construed in connection and
in harmony with these constitutional duties.
SC said that insofar as the license to bear arms, it is neither a
property or a property right, it is a privilege granted by a
sovereign state subject to the police power of the state. It
can be removed without hearing.
Remember the due process, the extent of protection no
person shall be deprived of life, liberty or property without
due process of law.
To bear arms is not a property. Neither is it a property right.
Rather it is a privilege granted to a state to an individual
subject to its police power.
doesn't apply to private entities

TN that it is INVIOLABLE.
PROVISIONS IMPLEMENTING
What is important are the provisions implementing sec 6.
In subsequent provisions of the constitutions, we have the:
1. non establishment of religion
In order to maintain the separation between the church
and the state
2. prohibition against accreditation of the church or religious
sector as a party list
3. prohibition against a representative coming from a
religious sector
4. prohibition against the appropriation of public funds for
the support of religion or any sector of society
Except when they are paid to priests, ministers or other
ecclesiastical ministers assigned in:
a. Military institution
b. Penal institution
c. Government
d. Orphanage
e. Leprosarium
EXCEPTIONS
There are however exceptions:
1. when the state has accommodated religion because they
acknowledge the contribution of religion to the promotion
of general welfare
Example is tax exemption on properties of churches that
are actually, directly and exclusively used for religious
purpose however limited only to property tax.
2. optional religious instruction in public, elementary and high
schools
REQUIREMENTS:
a. written consent from the parent or guardian of the child
b. taught during school hours without additional cost to the
government
c. taught by someone who is accredited or recognized
3. on the matter of appropriation of public funds, when the
funds are used by priests and ministers assigned in the
owned by the govt
a. Military institution
b. Penal institution
c. Government
d. Orphanage
e. Leprosarium
Kwin transcripts
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CONSTITUTIONAL LAW
Kwin
4. on the ownership of educational institution

GR, educational institution may only be owned and
administered by: (requirements)
a. an individual a Filipino citizen
b. a corporation qualified Filipino corporation, 60% of it
capital is owned by Filipino citizens
EXPT:
c. religious group or mission board, even they are all
foreigners
SEC 12
GENERAL PRINCIPLE TO IMPLEMENT THE PRICIPLE OF

SEPARATION OF CHURCH AND STATE
-BENEVOLENT NEUTRALITY ACCOMMODATION OF RELIGION
It is not hostility with each other. The state will remain
neutral. Under the general principle of BENEVOLENT
NEUTRALITY ACCOMMODATION OF RELIGION, as
enunciated in the case of Estrada vs Escritor.
For as long as there is NO CLEAR AND PRESENT DANGER to
public convenience, public health, public morale, public
safety, public policy, you should be allowed to enjoy your
religion without interference from the state.
TN that these are all principles that are not self executing,
unless there is a law that implements the provision, you
cannot use this as basis for judicial action.
SEC 7
SECTION 7. The State shall pursue an independent foreign policy. In its
relations with other states, the paramount consideration shall be national
sovereignty, territorial integrity, national interest, and the right to selfdetermination.
SECTION 12. The State recognizes the sanctity of family life and shall protect
and strengthen the family as a basic autonomous social institution. It shall
equally protect the life of the mother and the life of the unborn from
conception. The natural and primary right and duty of parents in the rearing
of the youth for civic efficiency and the development of moral character
shall receive the support of the Government.
This is important in relation to RH Bill and the pending

Divorce Bill.
This is one of the basis of questioning the constitutionality of

passing the RH Bill because they are saying that it
encourages abortion or the prohibition against conception
because of the use of contraceptives.
In case there is a conflict, although it is recognized , it is the
duty of the state to protect the life of a child from
conception but in case there is a conflict between the
mother and the child, it is understood that the mothers life
will prevail.
Regarding the RH Bill, its not your choice of a right to privacy,
as it has something to do with the constitutional obligation
on the part of the state to protect the child or unborn child
from conception.
INDEPENDENT FOREIGN POLICY

Case: Angara vs Tanada WTA
As regards to WTO, we can enter into treaties and
SEC 16 - this is self executing!
agreements with other foreign countries for as long as we
SECTION 16. The State shall protect and advance the right of the people to a
consider:
as long as there is recriprocal and balanced and healthful ecology in accord with the rhythm and harmony of
1. national sovereignty
mutual benefit based on equality, nature.
2. territorial integrity
TN because with the focus climate change and protection of
there's no violation of this section. environment, do not forget this provision.
3. national interest
4. right to self determination
This right, although provided in art 2 is one of the provisions
they say is self executing. It is not less important as those
civil and political rights that are enumerated in the bill of
SEC 8
fright. Its a public right.
SECTION 8. The Philippines, consistent with the national interest, adopts and
pursues a policy of freedom from nuclear weapons in its territory
This is with regards to nuclear weapons I the territory.

TN that we are for freedom from nuclear weapons, not
however precludes us from using the nuclear power as our
source of energy like in Japan.
What is prohibited is the possession and control and
manufacture of nuclear weapons. The test of these nuclear
arms as well are also prohibited.
Case: Oposa vs Factoran protection of the environment

The courts took cognizance over the petition notwithstanding
that they were filed by the minor children of Atty Oposa.
The basis of the proper party requisite there in reviewing the
constitutional
policies
of
DENR
is
on
the
INTERGENERATIONAL RESPONSIBILITY of the government to
preserve the forest or timberland from being destroyed by
certain individual in connection of the right of his children to
a balanced and healthful ecology.
But of course that will not be absolute. As long as it is

consistent with national interest, then we might get into the
Case: Province of Rizal vs Executive Secretary
manufacturing because we cannot be forever be isolated
This is with reference to the demand for a balanced and
from the rest of the world.
Bataan Nuclear Powerplant healthful ecology where the LGU has intervened for the
But as of now, it is still prohibited.
protection of the environment.
Kwin transcripts
Page 46
CONSTITUTIONAL LAW
LOCAL AUTONOMY
We do not have a federal system of government. in
understanding what consists of local autonomy is the cases
of Pasco vs Pagcor, Limuna vs Mangilin, Lina vs Tano.
The bottom line there is that there is no transfer of powers
from the national government to local. What has been
transferred is merely administration so that LGUs can make
their own rules in order to implement their own policies, to
manage their own affairs and resolve their own problems.
The power of LGUs to impose taxes and fees are always
subject to limitations which congress may provide by law.
The principle of local autonomy under 1987 Constitution
simply means DECENTRALIZATION.
It does not mean local government sovereign within the state
of an emporium unlike a federal system.
The matter of regulating, taxing or OW dealing with gambling
is a state concern. And hence it is the sole prerogative of the
state to retain and delegate it to local governments.
Kwin
UNDER CONTROL AND SUPERVISION OF THE PRESIDENT

Suffice to say, it is not absolutely independent from the
national government. It is still under the control and
supervision from the office of the president.
Case: Matulin vs COA
As regards to the extent of the supervision of the president
over LGUs, insofar as the president is concerned, it is
merely supervision.
It cannot therefore, even his alter egos like the secretary,
cannot interfere in local affairs as the LGU acts within the
parameters of the law and the constitution.
This has something to do with the giving of allowances to
judges, when it was being regulated by the COA.
SC said that as long as the LGU acts in accordance of law, that
cannot be interfered with by the national government,
including the COA.
Case: Limuna vs Mangilin

Under the constitution, provinces, cities, municipalities and
barangays enjoy local autonomy subject to the supervision
of the national government acting through the president
and the department of local governments.
Autonomous Regions of Muslim Mindanao and Cordilleras on
the other hand, are subject unknown to the decree of the
organic act creating them and accepted principles on the
effects and the limits of autonomy.
Remember the juridical entity of Bangsa Moro, where it was
also emphasized on the matter of local autonomy.
Case: Lina vs Tano
SC said, ours is still a unitary form of government, not a
federal state. Being so, any form of autonomy granted to a
local government will necessarily be limited and confined
within the extent allowed by the central government.
POWER TO TAX
To maintain local autonomy there is the lending them power
to tax so that they can raise revenue to become
independent at least from the national government
In fact, even if there is no law conferring upon the local
governments to raise revenue through taxes by express
provision of the constitution on local autonomy, local
governments can impose taxes.
That provision in the constitution is self executing, there is no
need of a legislative enactment. Nonetheless, there are laws
as regards to the limits of the exercise of the powers.
Kwin transcripts
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CONSTITUTIONAL LAW
SEC 26
EQUAL ACCESS OF OPPORTUNITIES FOR PUBLIC SERVICE
ARTICLE 6 THE LEGISLATIVE DEPARTMENT
SECTION 26. The State shall guarantee equal access to opportunities for
public service and prohibit political dynasties as may be defined by law.
SEC 1
Everyone has equal opportunities to run for public office or

to serve the public office.
Kwin
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.
Is this a matter of right?

Case: Pamatong vs Comelec, April 30, 2004
Atty. Pamatong is a lawyer teacher of UP. He challenged his
disqualification as president because he cannot command a
national campaign for presidency. So he was disqualifies as a
nuisance candidate.
SC said that the provision does not bestow a right to seek
the presidency. It does not contain a judicial, enforceable
constitutional right. It merely specifies a guideline for
legislative action.
It is not intended to compel the state to enact positive
measures that would accommodate as many as possible into
public office.
It is not exclusive to congress. There is reservation made for

the people to exercise the power as well.
POLITICAL DYNASTY
On political dynasty, for as long as there no law yet passed
the congress defining what would constitute political
dynasty, there is no such thing as political dynasty. There is
no definition.
VOTES REQUIRED BY CONGRESS

How many votes to propose amendments and revisions to
the congress acting as Constitutional Assembly?
votes.
SEC 27
SECTION 27. The State shall maintain honesty and integrity in the public
service and take positive and effective measures against graft and
corruption.
RELATED LAWS
1. Requirement of statement of assets and liabilities
The point its, it is a constitutional mandate. Unless there are
laws implementing and providing for the measures to go
about it, it is just a state principle.
SEC 28
TRANSPARANCY
SECTION 28. Subject to reasonable conditions prescribed by law, the State
adopts and implements a policy of full public disclosure of all its
transactions involving public interest.
Statement of assets and liabilities

Disbursements of public funds, it has to be published
There are certain transactions where the law prohibits
premature disclosure of information pertaining to
government (right of people on matters of public concern)
LEGISLATIVE POWER
The power is not limited to law making:
1. ordinary
2. constituent
ORDINARY, when it is an ordinary law being passed. It is not
only law the makes law but also people through initiative
and referendum
CONSTITUENT is the power to propose revisions and
amendments to the constitution.
And if they are undecided, they can call for Constitutional

Convention. How many votes are needed?
2/3 votes.
They can ask the people for refenrendum. How many votes
are needed?
Majorty votes.
CONSTITUTENT POWER EXERCISED BY PEOPLE

If people are to exercise constituent power, how?
Through initiative, but limited only to amendments of the
constitution.
How many percent?
12% and 3% of the registered voters represented by the
different districts.
BICAMERAL
TN that the legislative body is bicameral. It consists of two
houses:
1. house of senate
2. house or representatives
see sema vs comelec
aldava vs comelec
atong paglaom inc. vs comelec apr 2, 2013
ang ladlad LGBT vs comelec 2010
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CONSTITUTIONAL LAW
NUMBER OF SENATORS
There are two houses, house of senate consisting of 24 and
house of congress consisting of not more than 250.
Can this be changed by power of legislation?
No. its fixed by the constitution. To increase or decrease
the membership, you have to amend the constitution.
How are they chosen?
They are chosen nationwide.
NUMBER OF REPRESENTATIVES
How about the house of reps?
They are 250 unless OW provided by law. Therefore, they
may be increased or decreased as determined by law.
It is a legislative function. The membership will depend on
PROPORTIONATE REPRESENTATION which is determined
every after 3 years as a result of a census being conducted.
So they are chosen by districts.
In the manner of election, it is by districts, not nationwide.
NO PREPROCLAMATION CONTESTS
Is there a preproclamation contest as regards to members?
And where do you file cases involving election contests,
qualification and returns of members of congress?
Case: Pimentel III vs Comelec, Mar 30, 2008
Like the president and VP, members of congress, as a GR;
the preproclamation cases or matters relating to
preparation, translation, receipt, custody and appreciation
of election returns or certificates of canvass are prohibited.
IOW there is no preproclamation contest.
But that is no longer a problem now with the automation of
the counting of ballots.
JUDRISDICTION OF COMELEC MANIFEST ERROR
But if there is a manifest error in the election return, then you
have:
Affecting composition
Proceeding with the board of canvassers
Determining of the authenticity and the due execution of
the certificates of canvass as provided RA 7166 as amended
by 369,
These can still be taken cognizance by the Comelec.
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EXTENT OF THE EXERCISE OF THE POWERS

Insofar as the exercise of the power as far as congress is
concerned, it is virtually plenary, absolute, no limitations;
Except those limitations provided by the constitution or
substantive and procedural limitation.
SUBSTANTIVE LIMITATIONS (EXAMPLE)
1. matters relating to the constitutional rights of individuals
that they must not be violated in the enactment of laws
PROCEDURAL LIMITATIONS (EXAMPLE)
1. no bill shall become a law unless it is signed by the
president and has passed through 3 readings.
KIND OF LAWS THAT MAY BE PASSED

1. derivative laws
2. original laws
ORIGINAL could be from the people themselves.
DERIVATIVE is the power that is exercised by congress as
delegated when they are elected in an election as members
of congress.
DELEGATION OF POWERS
It may be delegated to certain delegates under certain
circumstances:
1. President
2. Administrative bodies
3. Local governments
4. People at large
CASES RELATING TO DELEGATION OF LEGISLATIVE POWERS

1. PRESIDENTS ORDINANCE POWER
It is part of the executives rule making authority in
implementing and executing constitutional or statutory
powers. Indisputably, there are constitutional powers vested
in the executive branch that are self executing.
The president can also make rules having the force and effect
as part of his ordinance power.
However, he cannot make rules without a statute or
constitutional provision as basis.!!! There has to be a law
authorizing him to exercise the power.
2. POWER OF THE SECRETARY OF FINANCE
Case: Suartez Cigar June 11, 2009
SC said, unless expressly granted to the BIR, the power to
reclassify cigarette brands remains a prerogative of the
legislative and cannot be usurped by the former as an
administrative body.
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CONSTITUTIONAL LAW
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3. AMENDING THE FUNCTIONS OF CHED

Under RA 7722, whether the president has the power as a
delegated power concerning CHED is under the control of
the president.
WHO MAY BE MEMBERS OF THE HOUSE OF REPS

There are two kinds of members:
1. representatives from legislative districts
2. representatives from the party list system
Case: Review Center Association of the Philippines vs Ermita,

April 2, 2009
The president has no inherent or delegated legislative power
to amend the functions of CHED under RA 7722. So he
cannot add or decrease the functions of CHED. Only the
congress can do that.
1. REPRESENTATIVES FROM LEGISLATIVE DISTRICTS

They are chosen from the different districts depending on the
population of each legislative district.
-one representative for every 250k population
-PROPORTIONAL REPRESENTATION
-one representative for every province, regardless of the
population
4. CREATION OF DISTRICTS
Case : Sema vs Comelec, July 16, 2008
Congress cannot validly delegate to ARMM (they have
autonomous act to pass laws PVDD not affecting national
laws, and applicable only to autonomous regions)
This has something to do with creation of districts in the
autonomous regions by consolidating the places in Cotabato
to be part of ARMM.
This effects the national affairs. To consolidate cities to be
part of ARMM to create legislative districts, it results to
increase in membership in congress, which is national in
character.
SC said that congress cannot validly delegate to the ARMM
regional assembly, the power to create legislative districts,
the power to increase the allowable membership of the
house of representatives and to reapportion legislative
districts is vested in congress.
The other point is, it affects the national affairs. So the law
creating new legislative districts in ARMM is
unconstitutional.
cases relating to the apportionment of legislative districts in

leyte in creation of biliran province
It was the Comelec that apportioned the municipalities that
would comprise the legislative districts.
SC said no because Comelec does not have the authority. The
power is vested with congress because the apportionment
of legislative districts is primarily a legislative function.
In fact there are cities that are created by law that are
considered a legislative district. No cities will be considered
as such without legislative enactment.
So basically, the creation of legislative districts is a legislative
function.
The membership may be changed. It can be fixed by law,

unlike the senate.
The manner of choosing (manner of electing) the senate may
be changed by law, but not the membership (number of
members). You need to change the constitution.
2. REPRESENTATIVES FROM THE PARTY LIST SYSTEM

While the law says they would comprise 20% of the total
members of the house of reps.
-at least 50 = 20% of 250 members
WHO MAY BE PARTY LIST GROUP
Party list are the marginalized group. They represent the
group that is less represented in our sector of society.
ORGANIZATIONS DISQUALIFIED FOR ACCREDITATION
a. religious sector
b. those having the support of a foreign government or
organization
c. supporter of violent or illegal group
d. supported by government find
HOW TO GET A SEAT OF THE 20%
Case: Banat vs Comelec
How do you get the 20% allocated for the party list?
How much percentage of the votes cast for the party list
should be obtained to get a seat in house of reps
representing the party list?
2%
2% is only a qualification to get a GUARANTEED SEAT.
To get an additional seat, is it necessary for you to get 2%?
No. As long as there is available seat from the 20%, even if
you have less than 2% you can get an additional seat.
So if you have 100 party list, and you are to get 56; for the
100 organizations accredited to participate in the election of
the party list system, they should get 2% for the votes cast
of the party list.
If only 20 got 2%, then there will be 20 organizations who will
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CONSTITUTIONAL LAW
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get one seat. You still have 36 left.

To divide the 36 seats left, you list according to the number of
votes obtained from highest to lowest, he may get an
additional seat in the house of representatives representing
the party list, even if they got 1% of the votes cast.
For those getting more than 2, they can have more seats for
as long as it is not more than 3 seats.
June 18, 2011
REPRESENTATIVE OF THE PARTY LIST ORGANIZATION

Should you be one of those in the sector to qualify to sit?
It is the prerogative of the organization. In fact, it is a
requirement, they are supposed to submit names of
nominees.
The law is silent. If you go by the intent of the law, it is not
required for as long as you are not a member.
EXERCISE OF POWER
You have original exercise of the power. It is one with the
people delegated to the congress, acting as a constituent
assembly, exercising the constituent power to propose
amendments or revisions to the constitution.
Case: Arroyo vs Comelec (did not reach SC)

He is representing the security guards.
He need not be a security guard because you are not electing
an individual but a sector.
He feels for them. He has been fighting bills for the rights of
the security guards. He is qualified to represent them
MAJOR POLITICAL PARTIES
Is it allowed for political parties to join party list system?
As a political party, they are prohibited because that will
defeat the purpose.
But they can represent an underrepresented sector.
Constitutional Commission and RA 7941 prohibits major
political parties from participating in the party list.
The framers of the constitution intended that the major
political parties to participate in party list election through
their sectoral whims.
So major political parties can organize or affiliate with chosen
sector/s.
LEGISLATIVE POWER
It is vested with congress
It is the power to propose, enact, amend or repeal the law. It
can be original or derivative. It is vested with congress by
express delegation of the people to them through the
constitution.
COMPOSITION OF THE CONGRESS

We were also discussing the composition o the congress:
1. senate
2. house of representatives
a. district of representative
b. party list system.
NUMBER OF MEMBERS
As to the number of senators, we have 24, that is fixed by
law. It cannot be increased or decreased.
The only change that can be made is the manner of electing
them. As of now, we elect them at large or nationwide.
OTOH, the house of reps, they are no less than 250 which can
be increased depending on the apportionment of legislative
districts.
Only congress has the power to apportion or reapportion
legislative districts, exclusively, not the Comelec, neither the
regional assembly of the autonomous region.
CREATION OF LEGISLATIVE DISTRICT
The only requirement in the creation of a district is that, if it is
a province there is no requirement as to population; as
long as it is type one legislative district.
If it has more than the 250k requirement, it will have more.
As long as the municipalities comprising the legislative district
are continuous, compact and adjunct with each other to
avoid GERI MANDARIN? when you create a legislative
district that would favor a candidate by selecting only the
municipality or cities that are favorable to him, even if far
apart from each other.
Insofar as the house of reps, in the election of members
thereof, we have:
1. by legislative district
2. by party list
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CONSTITUTIONAL LAW
RA 7941 PROHIBITIONS ON ACCREDITATION
The party list must be accredited by the Comelec.
You read the law relating to party list system; RA7941, as
regards to accreditation or registration or the prohibition
against sectoral organization or political party or coalition of
sectoral organization like accreditation of
a. religious sector
b. organization supported by government funds
c. organization supported by a foreign government or
international organization
d. promotes the use of violence
Go over with these prohibition.
UNDERREPRESENTED MARGINALIZED GROUPS
The provision is on representation of the under represented
marginalized groups.
POLITICAL GROUPS
Would these in clued marginalized groups as well? YES.
Provided that they are representing a particular sector.
NUMBER OF MEMBERS IN THEPARTY LIST
As to the number of members coming from the party list, it is
so provided in the constitution that the ceiling is 20%.
To get a guaranteed seat, the party list must have 2% of the
votes cast for the party list system.
For additional seats, for as long as it is still covered in the
20%, even if the organization gets less than 2%, then they
may still get a seat.
If you are to get additional seats, the limitation is not for
more than 3 seats
QUALIFICATION OF MEMBERS OF CONGRESS (SENATE)
1. natural born citizen
2. age: 35 years at the day of election
3. able to read and write
4. registered voter
5. resident in the Philippines for 2 years immediately
preceding the election
RA 9225
Former natural born citizens who become again natural born
citizens, should they run for senate and for congress, they
must have the other qualifications as well provided by law.
On citizenship, the reacquisition there is on the assumption of
office, not on the date of election. For as long as he regained
citizenship before he assumed office, which commences on
the noon time of the 30th day of June following the
election
Of course he must have the requirement of residency of 2
years immediately preceding the election.
Kwin
The reacquisition of citizenship is not a presumption that he

has regained his residency as well, especially when he has
lost his citizenship by naturalization and has not come back
to the Philippines until he applied for repatriation under
9225. If he has stayed only for one year, then he is
disqualified
AGE QUALIFICATION
On the matter of age qualification, that is on the day of
election.
CITIZENSHIP
On citizenship, on the day he assumed office. That is on the
assumption that he has all the qualifications provided for by
law.
RESIDENCY
On the residency, it is synonymous to domicile.
You have either:
1. domicile of origin
2. domicile of choice
Should there be a change of residence or domicile, there has
to be the bona fide intention to relinquish or abandon all
residents and these corresponds to the act of abandoning
the old residents and transferred to a new residence.
Case: Aquino vs Comelec
It is not enough for him to say that he has already transferred
residence. He has to show that indeed he had the intention
to abandon his former residence.
The abandonment must actually correspond to his acts by
actually abandoning and transferring to another residence.
QUAIFICATIONS OF THE MEMBERS OF THE HOUSE OF
REPRESENTATIVES
A. DISTRICT REPRESENTATIVES
3. registered voter
4. resident of the district in the Philippines for at least 1 year
B. PARTY LIST
-EXPT if representing the youth sector, maximum age is 30
years. (during the term of your office)3. registered voter
4. resident of the Philippines for at least 1 year
- need not be a resident of the place where the
organization is established
5. bona fide member of the organization he represents within
the period of 90 days before election
6. not change political affiliation or party affiliation within 6
months preceding the election
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CONSTITUTIONAL LAW
STANDARDS TO DETERMINE WHETHER A GROUP OS
MARGINALIZED OR UNDERREPRESENTED
Case: LGBI vs Comelec, April 8, 2010
On the accreditation of Ladlad, there was the disqualification
of Ladad for being immoral.
SC, insofar as the matter of its accreditation, is an
organization composed of men and women who identify
themselves as lesbians, gays, bisexuals or transgender
individuals, has satisfied that the exacting standards that the
marginalized and under represented sector must
demonstrate.
You have:
1. past subordination or discrimination suffered by the group
2. immutable or distinguishing characteristic or attribute or
characteristic that distinguish or define them as a discrete
group and present political and economic powerlessness
SC said that they have been historically disadvantaged and
discriminated against because of negative public perception
and has even alleged acts of violence perpetrated against
their members by reason of their sexual identification and
gender identity.
The magnitude of opposition against petitioners
participation in the party list system is by itself
demonstrative of the sectors lack of political power.
So too is the fact that proposed legislation seeking to prohibit
discriminatory treatment have been languishing in congress.
So they represent the marginalized group.
In the different view, when we go into the non establishment

of religion, that was also the reason why they should be
accredited.
Because if you say they are disqualified because of their
religious orientation, that they are considered as immoral,
according to SC has no place insofar as the government is
concerned, considering that the government has no religion.
RA 7941
You just go over RA 7941 especially on the requirements in
order to be accredited as a party list.
TERM OF OFFICE OF MEMBERS OF CONGRESS
SENATE
-6 years, not be for more than 2 consecutive term
-voluntary renunciation of once office regardless of period of
time shall not be considered interruption insofar as
continuity of the term of office for purposes of determining
successiveness of the term
-even if one has not completed his term and he resigns,
that is considered as one whole term
HOUSE OF REPRESENTATIVES
-3 years, not be more than 3 successive terms
-voluntary renunciation is not considered an interruption as
Kwin
to the continuity of his term of office.

ELECTIONS
1. regular election
2. special election
REGULAR ELECTION is being held in the second Monday of

may and three years thereafter.
The term of office of the senate is on staggered basis.
So for the first 12 when we had election in 1992, serving for 6
years and the last 12 served for 3 years. Thereafter, you
have the continuity. The term of office of 12 of the senators
will serve for 6 years.
The same is true with the members of house of
representatives. Because of the staggered basis of the term
of office of the senate, it is practically a continuing body.
Unlike the house of representatives, after the expiration of
the period of time of three terms then there is an
interruption until the election of members. But the senate is
continuous.
VACANCY
SPECIAL ELECTION - DISCRETIONARY
In the event a vacancy occurs in the house of senate or in the
house of representatives, we call for a SPECIAL ELECTION.
But the calling for a special election is discretionary on the
house concerned.
But in the event they call for a special election in case of
vacancy, TN of RA 6645, where it has provided for a special
procedure on how to call for a special election to fill up the
vacancy.
TERM
But the senator or member of the house who may be elected
in a special election will only serve the unexpired term of his
predecessor.
LIMITATION
TN there cannot be a special election in the senate if the
vacancy occurs less than 18 months before the next
election. They will just have to wait for the next election, or
1 year in the house of representatives.
Because it is very expensive to hold a special election.
SPECIAL ELECTION HOW
In the even a special election is held, how is this done?
1. declaration of vacancy or certification of the respective
house concerned
2. called
3. held within 45-90 days from the date of the resolution or
certification
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CONSTITUTIONAL LAW
SALARIES OF SENATORS AND MEMBERS OF CONGRESS
They shall be determined by law.
Can they be increased or decreased?
INCREASE
They cannot enjoy the increase until the term of office of
all the members who approved the increase shall have
expired.
This is to avoid conflict of interest or graft and corruption.
This is subject to tax.
DECREASED
It is effective immediately.
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Case: Trillanes IV vs Pimentel

Same reasoning in this case.
Trillanes insisted that he still had the presumption of
innocence. He is not like Jalosjos who has been convicted.
His case was still pending however it was not bailable, as he is
charged with coup d etat.
SC said that there is no distinction between the two cases.
The presumption of innocence include the enjoyment of
privileges and rights provided by law.
So SC said, the presumption of innocence does not carry with
it the full enjoyment of civil and political rights. Following
the equal protection of laws, this immunity from arrest and
detention cannot be availed of by the senator.
This does not include allowances. Salaries are determined by

law.
PERKS OF CONGRESS: CONGRESSIONAL IMMUNITIES
There are only two legislative immunities:
1. freedom of speech
2. freedom from arrest
FREEDOM FROM ARREST
When one is charged with an arrest whose imposable penalty
is not more than 6 years of imprisonment.
For as long as congress is in session, WON the member is
actually attending the session, he is immune from arrest.
TN that in some cases, this is a privilege and a way of an
exception only when one is allowed to enjoy this immunity
without any condition or is absolute.
Case: Jalosjos
Jalosjos was convicted and was confirmed by SC. At the time,
he was already convicted as congressman. He wanted to be
escorted by the jail guards in order for him to attend the
session in congress. He said that being a congressman, he is
practically exonerated by his election to the office.
He said also that by PARLIAMENTARY IMMUNITY which is the
freedom from arrest and detention, being a member, he
should enjoy that privilege.
FREEDOM OF SPEECH
The freedom of speech means that you cannot be sued for
civil damages or libel or slander.
Whatever statements he made, while the congress is in
session, if it is relation of course to the matter that is subject
to discussion, he is immune from any suit relating to his
speeches so that he can discuss and debate with anyone for
any issues relevant subject to legislative enactment.
NOT INCLUDE DISORDERLY BEHAVIOR
TN this does not include liability of the member of congress
that may constitute disorderly behavior.
Immunity is limited only to civil and criminal liability. But not
administrative liability.
Case: Osmena vs Pendaton
You can still be held administratively liable but not criminal or
civil.
COVERED
This extends to committee hearings and even agents of the
legislators in their reports.
It is not only limited to oral utterances. Anything that is
communicative in nature is included in the immunity.
SC said, the history of that provision granting senators and

congressman immunity from arrest and detention shows
that the privilege has always been granted in a restrictive
sense.
There cannot be a preference to congressman OW there will
be a violation of equal protection clause in the enforcement
of the criminal laws.
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CONSTITUTIONAL LAW
PROHIBITION
If they enjoy some perks, they also have some prohibitions
for being members of congress.
What are some of the prohibition?
1. You cannot be appointed to other positions of the
government.
Unless you resign.
If you are appointed to an office that is inconsistent to
being member of congress, you are considered to have
forfeited your seat.
But in other cases, like forbidden appointments, if you
are responsible for the creation of that office, or increase
its salary or allowances, you cannot be appointed to that
office, even if you resign.
Case: Liban vs Gordon, Jul 15, 2009
Gordon is also a chairman of Red Cross.
There was a question on his appointment that he should
vacate his position as senator having been appointed.
SC said, Gordon did not relinquish his senatorial post
despite his election to and acceptance of the post of
chairman of the Philippine Red Cross.
Because PNRC is a private organization merely
performing a public function. PNRC chairman is not a
government official or employee. Not being a government
office, the PNRC chairmanship may be held by any
individual including a senator, or a member of the house of
congress.
PNRC is autonomous, neutral and independent from the
Philippine government. it is a voluntary organization that
does not have government assets and does not receive any
appropriation from congress.
Gordon may serve as chairman without giving up his
position.
2. Appearing as counsel before any court of office, electoral
tribunal, quasi judicial and administrative bodies.
Any court of justice includes appellate courts.
The prohibition is only against personal appearance. This
does not include consultation and signing pleadings in
cases pending any courts of justice.
3. Becoming financially interested in any contracts of

government
4. Cannot intervene in any matter before any office of the
government
This is part of transparency and public disclosure.
Kwin
SEC 15
SECTION 15. The Congress shall convene once every year on the fourth
Monday of July for its regular session, unless a different date is fixed by law,
and shall continue to be in session for such number of days as it may
determine until thirty days before the opening of its next regular session,
exclusive of Saturdays, Sundays, and legal holidays. The President may call a
special session at any time.
Sessions in congress may either be:

1. regular
2. special
REGULAR SESSION
-every 4th Monday of July
-shall continue as determined by them by law until 30 days
before the next opening of regular session
-exclusive of Saturdays, Sundays and legal holidays
SPECIAL SESSION
-when congress is in recess and president calls for a special
session
-it is the president who calls for this session to attend to
certain important urgent matters that need immediate
attention by congress.
ADJOURNMENT OF SESSION
-they have to inform each other if they have to adjourn, and
not in separate places
SEC 16
SECTION 16.
(1). The Senate shall elect its President and the House of Representatives, its
Speaker, by a majority vote of all its respective Members. Each House shall
choose such other officers as it may deem necessary.
(2) A majority of each House shall constitute a quorum to do business, but a
smaller number may adjourn from day to day and may compel the
attendance of absent Members in such manner, and under such penalties,
as such House may provide.
(3) Each House may determine the rules of its proceedings, punish its
Members for disorderly behavior, and, with the concurrence of two-thirds
of all its Members, suspend or expel a Member. A penalty of suspension,
when imposed, shall not exceed sixty days.
(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 one-fifth of the Members present, be entered in the Journal.
Each House shall also keep a Record of its proceedings.
(5) Neither House during the sessions of the Congress shall, without the
consent of the other, adjourn for more than three days, nor to any other
place than that in which the two Houses shall be sitting.
OFFICERS OF CONGRESS
-IMPORTANT PRINCIPLE IN ELECTION OF OFFICER B4 START
OF SESSION: election of officers by MAJORITY VOTE
IOW even if the president comes from a minority political
party, for as long as he was chosen by the majority of the
members of the house, he is never precluded to be elected
in the position of majority floor leader or as the president of
the senate.
The only requirement is that he is chosen by majority of the
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CONSTITUTIONAL LAW
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house.
But this is on the presumption of a quorum (50% plus 1).
However, it has to be based on the coercive power of the
house concerned, where the house has the power to compel
the member to attend the session even if he is sick. For as
long as he is within the jurisdiction of the house, he may be
compelled.
And still if he is absent, he can still be considered in the
determination of quorum.
It is a factual matter and it is not for SC to interfere because

of separation of powers, insofar as they affect the members
of congress.
SC cannot inquire into the allegations that in enacting a
law, the house of congress filed to comply with its own rules
in the absence of showing that here was a violation of the
constitutional provision or private rights.
Parliamentary rules are mere procedures which may be
waived or disregarded by the legislative body.
Example. You have 24 members in the house of the senate.

One of whom is in the hospital and one is on vacation
abroad.
In determination of quorum, what would be the basis of
50% plus 1? 23.
A quorum is not based on the total membership but the
members who may be coerced or compelled to attend the
session. That includes the one in the hospital because he can
still be coerced in a stretcher.
But for one who is abroad, he will not be considered.
Because even if congress wants to and issue a warrant of
arrest, our warrant is nothing abroad because congress hs
no authority outside our territory.
DISCIPLINING OF MEMBERS OF CONGRESS

If you can impeach some impeachable officers like the
president, how do you remove a member of congress before
the expiration of office?
Certainly not by impeachment, not even by the office of
ombudsman.
To maintain their independence, the discipline of the
members of the congress is exclusive to the house
concerned.
When they deliberate, how many votes are needed in

order to pass a law?
Majority of the quorum.
Thats why quorum is important. It must be established at
the beginning of the session.
GROUNDS DISORDERLY BEHAVIOR

For what grounds?
There is only one ground, unlike in impeachment where
there is 6 grounds.
Only for DISORDERLY BEHAVIOR.
The definition if disorderly behavior is discretionary in
congress.
SHIFTING MAJORITY PRINCIPLE

As the attendance increases, that starts with the quorum,
there is also an increased number of majority in the passing
of the law.
It is possible that at the start, there were 13 attending. And
therefore, all that is needed to approve the law is majority
of 13.
But in the course of the session, other members arrived
and we have now 20, then the majority required to approve
a legislative enactment will also increase.
DETERMINATION OF QUORUM
The matter of determination of quorum will be based on
the internal rules of congress. They make their own rules
and regulations.
The SC cannot interfere unless there is violations of the
provisions of the constitution.
VOTES
How many votes are needed to expel a member of congress?
2/3 votes of the members for the house concerned.
NOT SUBJECT TO REVIEW BY COURTS

Is this subject to review by the courts?
NO.
EXPT: JUDICIAL REVIEW
Case: Osmena vs Pendaton
SC said, the house of representatives is the judge of what
constitutes disorderly behavior.
This is with regards to Pendaton being censored.
The court will not assume jurisdiction in any case which will
amount to interference of judicial department with the
legislature.
Of course, when there is ABUSE OF DISCRETION
AMOUNTING TO LACK OR IN EXCESS OF JURISDICTION in the
discipline of members of congress, then that can be
reviewed by SC in exercise of its judicial review powers.
Case: Joker Arroyo vs de Vinecia

There was a question on WON there was a quorum at the
start of the deliberation of the bill.
He said that it was passed when there was not quorum.
Therefore there was no majority.
SC said that is up to the house concerned. They have their
own rules
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CONSTITUTIONAL LAW
Case: Jalosjos
Did his election as congressman condone his criminal
conviction?
SC said, his election as congressman did not amount to
condonation of his offense. Neither does it entitle him
pending appeal to be free from confinement and to be
allowed to attend session of congress for the people elected
him with full awareness of the limitations of his freedom of
action and movement.
It was never the intention of the framers of constitution to
show the members of congress from the consequences of
his wrong doings.
A member of congress can only invoke immunity from
arrest for relatively minor offenses punishable at most by
correctional penalties.
Case: Paredes vs Sandigan bayan
He was then the Secretary of Health when he was charged
by the SB. It was asked by the office of the prosecutor when
he became a member of congress to suspend him
preventively while the criminal case in SB is pending.
SB placed a member of congress under preventive
suspension without violating the exclusive power of
congress to discipline its own members.
SC said that that preventive suspension imposed by the
court is not yet a penalty. It is just a precautionary measure.
While it is true that the matter of disciplining its members is
exclusive to congress, it does not preclude the courts to
place someone under preventive suspension because of the
pendency of the criminal case before the courts.
There is no similarity here because what is contemplated as
exclusive to congress is the penalty of penalizing disorderly
behavior.
In the case of SB, it is a precautionary measure so that the
evidences would not be tampered neither would the
members of the congress use his office in order to
intimidate possible witnesses of the criminal case in the SB.
PENALTIES
1. Expulsion
2. Suspension
MAXIMUM PERIOD
If the intention of Congress is to suspend a member of the
house for more than 60 days, then he might as well be
expelled.
The maximum suspension therefore that can be imposed by a
member of congress for disorderly behavior should not be
more than 60 days.
Should it be more than 60 days, then it should be an
expulsion.
ADJUNCTS OF CONGRESS-OFFICES
EXTENSIONS OF CONGRESS
1. Electoral Tribunal
2. Commission on Appointments
Kwin
CONSIDERED
AS
ELECTORAL TRIBUNAL
It is the sole judge of election contests relating to election,
returns and qualification of members of congress.
KINDS
There are two electoral tribunals:
1. SET Senate Electoral Tribunal
2. HRET House of Representatives Electoral Tribunal
MEMBERSHIP
Both consist of 9 members each. 3 of whom are justices of SC.
6 others are coming from political parties by proportionate
representation.
The basis of the election to the electoral tribunal to represent
a political party is by proportional representation from
political parties including the party list.
IOW, you cannot just choose them from one political party.
They have to be proportionate.
You go by the number of members consisting a political party.
And then divide that by the number of the member of the
house and multiply it by 6 allocated for the political party.
Example. You have two senators from the political party of
Liberal party;
2 X 6 = number of representation in the tribunal
24
What about representative coming from the party list, will
there be a chance for one sectoral organization to be
elected in the electoral tribunal?
SC said, for as long as they qualify the qualification of
proportionate representation, it is for congress to determine
how they can go about it.
Perhaps they can join coalist with other sectoral
organization in the party list just to make sure that they can
get a seat in the electoral tribunal.
INDEPENDENCE OF MEMBERS FROM POLITICAL PARTY
TN the moment you are chosen in the electoral tribunal, you
become independent from your political party that you
represent. This is to maintain the impartiality of the
electoral tribunal, being a quasi judicial body determining
election contest.
The change of political party or the removal of a member of
electoral tribunal from the political party will not be a
ground for the removal from the electoral tribunal itself.
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CONSTITUTIONAL LAW
Case: Bundoc vs Pineda
Here is a member of the electoral tribunal who was expelled
from the political party that he was representing because he
voted against a candidate of the political party in an election
contest that was held for the electoral tribunal
The question there is, would that mean removal because he
does not anymore represent the political party?
SC said, no. Because his seat is permanent and he is
independent from the political party.
JURISDICTION
What is the jurisdiction of the electoral tribunal?
All contests
When you say contests, there has to be two parties:
1. protestant
2. protestee
The protestant is the defeated candidate against the
winning candidate who has been proclaimed and had
assumed office as a member of congress.
If there is no contest, then you file a quo warranto
proceeding with the electoral tribunal; if the person you are
trying to remove has already become a member of the
congress.
Case: Sumaya vs Daza
There was an accusation that he was a green card holder of
US and thus moved for disqualification.
It was dismissed because in the first place, according to SC,
it has already become moot and academic because at that
time, Dazas term of office has already expired.
A case of disqualification should have been filed in earlier
at the time of filing the certificate with the Comelec.
They filed the disqualification case in the SC, it should have
been filed with the electoral tribunal because he is a
member.
There is no contest because this pertains to a qualification
of a member. He is not at all there to replace him in the
event this candidate or member is removed because of
qualification.
Should it be electoral tribunal? Instead of electoral tribunal,
you file it with the house concerned for his exclusion as a
member to protect the integrity of the house that only
qualified members should become members of the house.
Because the jurisdiction of the electoral tribunal is limited
only to contests. There is no contest because there is no
defeated candidate filing an election contest in order to
replace him.
Kwin
This was clarified in the case of:

Case: Barbers vs Comelec
What has been referred to as election returns and
qualifications within the jurisdiction of electoral tribunal, it
should be interpreted to its totality as referring to all
matters affecting the validity of the contestees or
protestees title.
But if it is necessary to specify, you can say that ELECTION
refers to the conduct of the post including the listing of
voters, the holding of the election campaign and the passing
in counting of the votes.
RETURNS refer to the canvass of the returns and the
proclamation of the winners including questions concerning
composition of the board of canvassers and the authenticity
of election returns.
QUALIFICATION refers to matters that could be raised in a
quo warranto proceedings against the proclaimed winner,
such as his disloyalty, ineligibility or inadequacy of his
certificate of candidacy.
The moment he is proclaimed validly as a member, this is
within the exclusive jurisdiction of the electoral tribunal.
What is the jurisdiction of the Comelec?
Remember that there is no pre proclamation contest
involving members of congress.
So that matters pending with the Comelec could be a
disqualification case at the time of the filing of certificate of
candidacy which was not even despite the election of the
candidate.
For as long as the candidate has not been proclaimed yet,
Comelec still has jurisdiction.
Example. Here is a candidate running for the senate. He
filed for certificate of candidacy and a case for
disqualification was filed against him in the Comelec.
Despite the pendency of that case, he was elected. As long
as there is no proclamation yet of that candidate as member
of the congress, any questions pertaining to qualifications of
that member should be resolved by the Comelec.
IOW the Comelec should not be divested of its jurisdiction
over the case yet.
Case: Cudilla vs de Vinecia
Cudilla was disqualified by a division of the Comelec
because he was accused of an election offense. According to
a complainant he had this infrastructure, delivering of
gravel, despite election period which is an election offense.
Despite the resolution of the division of Comelec
disqualifying him, he won the election. Because of the
disqualification, his votes were not counted and his rival was
proclaimed as the duly elected.
In the mean time, while the election was on going, he was
able to file his appeal seasonably with the Comelec en banc
and the decision was reversed saying that it was Cudilla who
won because he was not disqualified.
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CONSTITUTIONAL LAW
So Cudilla went to de Vinecia to ask him to let him assume
office because he was a duly elected representative of Leyte
per resolution of the Comelec en banc.
De Vinecia told him to file his Quo Warranto proceedings in
HRET because Locsin has already been proclaimed as a
member of the house.
Is de Vinecia correct?
SC says, no. because the proclamation of Locsin was
premature. There was an appeal seasonably filed, therefore,
the Comelec was never divested of his jurisdiction over the
disqualification case.
Since the proclamation is invalid, it is as if no member has
been proclaimed as such. So it should have been the
Comelec to recognize that he is a member. He does not have
to file a Quo Warranto proceedings in the electoral tribunal
because that is already an pronouncement that he is the
duly elected representative of the district of Leyte.
Case: Limkaichong
Limkaichong ran as congresswoman in Negros Oriental.
Before the election, a disqualification case was filed against
her for lack of the required requisite of citizenship.
According to the complainant, the father was not a
naturalized citizen because the proceedings was invalid. And
because the father was not a citizen of the Philippines, that
makes Limkaichong ot a Filipino.
Despite the pendency of the disqualification case,
Limkaichong won the election. And the exercise of the quasi
legislative function of the Comelec passed a resolution that
all those who have won the election without prejudice that
the pendency of disqualification case should be proclaimed
as the duly elected candidate.
In this case, a resolution was passed and Limkaichong was
then declares as duly elected and she became a member of
congress.
Paras went all the way to SC because the disqualification case
was dismissed. According to Comelec, they were already
been divested of jurisdiction because Limkaichong has
already been proclaimed as a duly elected member of
congress. You continue the proceedings with the electoral
tribunal this time.
Kwin
divested of jurisdiction over the disqualification case.
Case: Berauco vs Nograles, Paras vs Nograles, Billondo vs

Comelec
Once the winning has been proclaimed, taken his oath of
office and assumed office as member of the house of
representative, Comelecs jurisdiction over the election
contest relating to election returns and qualification ends.
And the HRET jurisdiction begins.
The proclamation of the winning candidate divest the
Comelec of jurisdiction over matters ending before it at the
time of proclamation.
It says here that after the proclamation of the winning
candidate in the congressional elections, the remedy of
those who may assail its eligibility or ineligibility,
qualification or disqualification is to file before the HRET a
petition for election protest or a petition for a quo warranto
within the period prescribed by the HRET Rules.
Case: Zubirri vs Comelec , Mar 13, 2008
Pimentel went to SC and asked for an injunction to stop the
proclamation of Zubirri because he wanted to get the
election returns from the ARMM.
Zubirri was already proclaimed as duly elected senator.
SC said hat they do not have jurisdiction on the matter
anymore because the matter of determining election
contest relating to election returns in qualification is
exclusive to the electoral tribunal. In which case, it is with
the SET.
It is not a matter of administrative proceedings. You are not
questioning the results of election.
It is the SET which has exclusive jurisdiction to act on the
complaint of Pimentel involving as it does a contest relating
to the election of Zubirri, now a member of the senate.
See the difference in the circumstances in the case of Cudilla

and Limkaichong.
In Cudilla, there was an appeal but there was a resolution
saying that pending the resolution of the disqualification
case, you are duly proclaimed as elected candidate.
In Limkaichong, there was a resolution of the Comelec saying
that all the candidates notwithstanding the pending cases,
shall be proclaimed as duly elected, without prejudice to the
continuation of the proceedings in a proper forum.
So in the case of Lmkaichong, she was proclaimed as duly
elected. Now that she is a member of congress, Comelec is
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CONSTITUTIONAL LAW
NO APPEAL OF DECISION OF ELETORAL TRIBUNAL
Where do you appeal the decision of the electoral tribunal?
Their decisions are final and executory.
Except when there is an allegation of abuse of discretion
Case: Abubacar vs HRET
Jurisdiction of SC to review the decisions and resolution of
HRET operates only upon the showing of grave abuse of
discretion on the part of the tribunal tantamount to lack or
in excess of jurisdiction.
Such grave abuse of discretion implies capricious and
whimsical exercise of judgment amounting to lack of
jurisdiction or arbitrary and despotic exercise of power
because passion and personal hostility.
The grave abuse of discretion must be so patent and gross as
to amount to an evasion and refusal to perform any duty
enjoined by law.
In this case, it was absent. And thus the decision of the
electoral tribunal was sustained.
See Ronald Villando vs HRET

Abayon vs HRET
Lukin vs Comelec
Pimentel vs HRET
Kwin
COMMISSION ON APPOINTMENTS
MEMBERSHIP
It consists of 12 senators and 12 members of the House of
Reps presided over by the President of the senate
FUNCTION
The main function is to act on nominations by the president
on certain appointments where the constitution requires the
confirmation by the Commission of Appointments.
They should act within the period of 30 days while congress is
in session from the submission of the nomination.
APPOINTMENTS REQUIREING THE CONFIRMATIN OF CoA
1. Heads of executive department
2. Members of AFP
From Captain to Corporal in the navy or Cornel to
General in the ARMY.
3. Officers whose appointment are vested in the president by
the constitution
a. Comelec commissioner
b. COA commissioner
c. Civil service commissioner
d. Regular members of the judicial and bar council
4. Ambassadors, consuls and other public ministers
These cannot be expanded by ordinary legislation.
PROCEDURE
One the matter of procedure, CoA can only hold session while
congress is in session.
APPOINTMENTS
Appointments could either be regular or ad interim on the
part of the president.
If it is REGULAR APPOINTMENT, appointment of those I have
enumerated must require confirmation to make the
appointment permanent.
Talking about regular appointments while congress is in
session, if it is only in acting capacity therefore temporary in
nature, even if those referring to I have enumerated, the
president is not compelled to submit the names to the CoA
for confirmation because of the nature of appointment
which is only in acting capacity and that is discretionary on
the president.
APPOINTMENT DURING RECESS
If the president makes an appointment while congress is in
recess, therefore CoA is likewise in recess, what is the nature
of the appointment?
It is permanent but immediately it is effective upon
qualification of the appointee but will last only until the next
adjournment of the congress if it is not confirmed.
By next adjournment, it could mean regular or special
session because there is no distinction.
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CONSTITUTIONAL LAW
So if the congress is not in recess, they should follow that
there is confirmation.
But if the congress is in recess, the president can still make an
appointment even for a secretary of a department. It is still
permanent but the duration is limited. Unless it is confirmed
by the CoA, it shall last only until the next adjournment of
congress.
ADJOURNMENT OF SESSION
The adjournment can be of a regular session or a special
session.
If it is a regular session, it is determined by law, it will last
until 30 days before the opening of the next regular session.
If it is a special session, after the termination of the special
session by congress after they are being called by the
congress.
REAPPOINTMENT
Can you be reappointed or renominated to the same
position?
Yes. For as long as it is not disapproved, you can be
renominated.
If it is only by passed, meaning it is not acted on within 30
days from its submission to the CoA, you can be
renominated.
EFFECT OF NON CONFIRMATION ON PREVIOUS POSITION

Can you go back to the previous position if not confirmed?
If it is a regular appointment, you can go back to your
previous position because the effectivity of appointment is
upon confirmation.
If it is an ad interim appointment, it is effective
immediately upon the qualification. You may be
renominated but you cannot go back however to your
previous position.
Case: Matibag
To be appointed to the Constitutional Commissions, there is a
prohibition against reappointments. You have affixed term
of office without reappointment.
This appointment being referred to here that is prohibiting a
reappointment refers to an appointment that is regular and
confirmed by the CoA. Once confirmed you become a
commissioner for a fixed term. In which case, you cannot be
anymore reappointed upon the expiration of the term.
Kwin
Case:
However in the case of this commissioner, he was nominated
by the president to be the chairman of the Comelec. This has
always been by passed by CoA until the president appointed
him in an interim appointment, immediately permanent.
Because he was not confirmed by CoA, upon the next
adjournment of congress, his appointment expired. He was
again reappointment by the president.
Was there a violation of the prohibition on reappointment of
the commissioner?
No. because the appointment was ad interim, not a regular
appointment. The prohibition against reappointment applies
only to a regular appointment, meaning appointed or
nominated by the president, confirmed by the CoA, he had
finished his term, then he cannot anymore be reappointed.
But for an ad interim appointment, it will last only upon the
next adjournment of the congress and therefore expires if
not confirmed. Upon the next adjournment he can still be
renominated to the same position.
MEMBERSHIP OF CoA
It is the same, PROPORTIONATE REPRESENTATION from the
political parties.
CHANGE OF POLITICAL AFFILIATION
And this is highly partisan in the sense that the moment that
you seize to be a member of the party, automatically, you
are removed as a member of CoA.
The change of political affiliation has to be permanent. If you
it is only a coalition, that is not considered a permanent
change of political party affiliation to remove you as a
member of CoA.
NUMBER OF MEMBERS
There are 24 members all in all. 25, if you include the
president of the senate.
But there is no need to fully fill up the 24 membership in the
CoA. It is upon their discretion, as long as:
1. they constitute majority of the membership
2. at least a political party is represented by 2 members in
order to qualify to get a seat in the CoA.
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CONSTITUTIONAL LAW
AIDING IN LEGISLATIVE ENACTMENTS
LEGISLATIVE INQUIRY and QUESTION HOUR as part of the
oversight function of congress.
LEGISLATIVE INQUIRY
It is the power of congress to inquire into any matter that
may be a subject of legislative enactment.
Either it is pending or not pending at all, for as long as it will
help congress in formulating a law.
WITNESSES
So those persons who may be summoned to appear before a
legislative inquiry are witnesses. They are not accused. And
sometime we would wonder why in the course of the
session, they become defensive.
So they cannot invoke the right against self incrimination
because it is supposedly an enlightening session. You as a
witness to enlighten congress, help them in legislation.
EXECUTIVE PRIVILEGE
EO 461
Case: Drillon vs Executive Secretary
Arroyo passed an Executive Order 461 on Executive Privilege,
saying that cabinet members should not appear in a
legislative inquiry either in Congress, house or Committee
Hearing without her consent.
So if one is served with summons to appear, they would say,
ask the president first.
Then you have Drillon questioning the constitutionality of EO
461.
Is it correct for the president to invoke executive privilege?
SC said yes. However, that can only be invoked by the
president. IT IS NOT EXTENDED TO THE CABINET MEMBERS.
So SC partially nullified the provisions of EO 461.
It is not by the position that you hold as a cabinet member
that makes you exempt from legislative inquiry, but it is the
information that you are in possession with because it
involves the privilege of the president. It is an executive
privilege.
Precisely, to determine WON information will affect the office
of the president, or it will affect the integrity of the office of
the president, it will discharge the functions of the
president, one has to ask the president if the information
being held by the cabinet member that the congress wants
to inquire into is an executive privilege.
And so they have to stay the purpose of the summons of this
cabinet member so that to give time to the president to
invoke the executive privilege.
It is not the cabinet member who enjoys the executive
privilege but it is the president.
The information being held by the cabinet member that the
president may invoke executive privilege.
Kwin
So then, if the president thinks that the information Congress

wants to inquire into is privileged, under the separation of
powers, he can invoke the executive privilege and not allow
cabinet member to testify or to appear in committee
hearing.
HOW TO INVOKE EXECUTIVE PRIVILEGE
How does the president invoke executive privilege?
By the president himself saying that it is an executive
privilege, and it cannot be disclosed, or
By the authority of the president invoked by the executive
secretary.
Case: Neri vs Senate Committee
WON the information that the senate wants to look into was
an executive privilege.
Neri invoked the executive privilege of the president saying
that he cannot disclose.
Notwithstanding the invocation of the executive secretary of
the executive privilege of the president, they continued to
harass Neri, in fact because he did not appear anymore in
the senate, they issued an arrest order for contempt.
SC sustained Neris right with the invocation of the president
of the executive privilege.
Senate wanted to know this; Neri disclosed that there was an
offer of bribe to him just to approve the broadband contract
with ZTE. He was saying $250m, being offered by the
Chairman of the Comelec.
He said that he told the president about it. Senate wants to
know what was the reaction of the president. The president
timely invoked executive privilege.
The question there is, are those information asked by the
senate executive privilege?
SC said, the communications illicited by the three
questions;
1. Whether the president followed up the NBM project
2. Where you dictated to prioritize ZTE?
3. Whether the president said to go ahead and approve the
project after being told about the alleged bribe,
Are covered in the presidents communication privilege.
SC said, first, the communication refers to a non delegable
power of the president, the power to enter into executive
agreement with the other countries. This authority of the
president to enter into executive agreements without
concurrence of legislature has been traditionally recognized
in the Philippine jurisprudence as confidential.
The communications are received by a close advisor of the
president under the OPERATIONAL PROXIMITY TEST, Neri
can be considered as a close adviser being a member of the
Cabinet.
Third, there is no adequate showing of a compelling need
that would justify the limitation of the privilege and the
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CONSTITUTIONAL LAW
availability of the information elsewhere by an appropriate
investigating authority. You can get the information
elsewhere.
IOW in this case, the executive privilege was sustained.
NATURE OF EXECUTIVE PRIVILEGE

It is the implied power of the president to withhold
information requested by other branches of the
government.
The constitution does not expressly grant this power to the
president but courts have long recognized implied
presidential powers necessary and proper in carrying out
powers and functions expressly granted to the executive
under the constitution.
This jurisdiction, several decision have recognized executive
privilege starting with 1995 case of:
Case: Almonte vs Vasquez
On the SALN being confidential.
Case: Chavez vs Public Estate Authority
Case: Senate vs Ermita
OTHER MATTERS COVERED IN EXECUTIVE PRIVILEGE BY

JURISPRUDENCE
1. As the commander in chief, as chief executive the
president is ultimately responsible for the military and
national security matters.
2. As officially in control if the nations foreign service, that is
also executive privilege.
3. Executive agreements entered into by the president,
diplomatic negotiations.
4. Internal deliberations to the president by his cabinet
There is a pending bill limiting the executive privilege of the
president, defining what may be considered as executive
privilege.
Kwin
June 20, 2011
LEGISLATIVE INQUIRY
It is the power of congress to inquire and investigate on any
matter WON there is a pending subject matter on legislation
which includes the power of contempt.
POWER OF CONTEMPT
The power of contempt may not have been expressly granted
in the constitution, but inherent in the power of congress to
conduct investigation, to give teeth to that power OW it will
be useless to call people and give them option to attend or
not.
LEGISLATIVE POWER OF CONGRESS
This power is discretionary, and cannot be encroached upon
by the two other branches of the government due to
separation of powers.
Case: Neri vs Senate
In fact, if cited for contempt in a legislative inquiry, the
president cannot grant him pardon, neither can the court
issue an injunction to enjoin the implementation of
contempt made by congress unless of course there is an
abuse of that discretion amounting to lack of in excess of
jurisdiction.
EXECUTIVE PRIVILEGE
There are certain information that may not be disclosed such
that matter of executive privilege of the president.
The information that is in the possession of the president or
of his executive officer or cabinet members that cannot be
disclosed even to congress and to public at large for it might
affect the office of the president or his integrity.
Examples:
1. discussions or deliberations during a cabinet hearing
2. conversation between the president and advisors
3. conversation with consultant for policy making
4. city negotiation by petition
5. matters relating to the presidents power as a commander
in chief with respect to military secrets or strategy
These are information that may not be disclosed to congress
even if a cabinet member is summoned by congress to
appear.
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CONSTITUTIONAL LAW
BALANCING OF EXECUTIVE PRIVILEGE
However, according to SC, this has to be balanced with
1. the power of legislative inquiry on the part of congress
2. the right of people to information on matters of public
concern insofar as the public at large
3. insofar as the exercise of the power of SC and other courts
in the settling of disputes,
And how to balance it, that has to be determined by the
courts.
IOW it is not absolute, it still has to be looked into by SC.
Which of these two equally important interest must be given
priority? Executive privilege? Or the three other public
interest?
CASES
Case: Senate vs Ermita
This is the declaration of the unconstitutionality of EO 464 on
Executive Privilege, as to the extent of the exercise of the
executive privilege of the president.
Case:Neri vs Senate
They discussed what kind of privileges of the president that
the president or his cabinet members cannot be compelled
to disclose.
Case: Akbayan vs Aquino
This has something to do with Jepepa where there is a
question whether Secretary Aquino was asked to give a copy
of Jepepa for the study of congress.
Because it was still under negotiation, it is confidential and
part of the executive privilege of the president.
According to SC, he cannot be compelled because after all, it
is the very matter or if they want to inquire about it, there
are other sources other than from the office of the BPI.
SEPARATION OF POWERS VS LEGILATIVE INQUIRY
Kwin
Case: Tengyon vs Committee

SC said that should there be a pending case already filed,
supposedly, the person being summoned to appear on
committee hearing to shed light on matters that might be of
help to congress in the making of law may not be compelled
if it might violate the separation of powers between the
legislative branch and the judiciary.
Case: Benzon
This has something to do with the illgotten wealth of the
Marcos and the corruption committed. There were cases
filed with SB.
SC sustained the separation of powers by stopping the
legislative inquiry as there was already a case filed in court.
Case:
In contrast of that, there is a case filed in the trial court and
what happened was that there was an inquiry of a
transaction relating to a purchase of a property in
Mindanao.
They filed a case in court. Thereafter, they ask for an
injunction to stop the inquiry on the transaction.
SC said that you cannot stop this by simply filing a case
because the power of congress is plenary.
Case: Standard Chartered Bankvs Senate Committee
The officers of Standard Chartered Bank had to appear before
the committee who are in charge of banking transactions
because of possibility of violations of law that might affect
the economy of country and what they did was that the
officers of the bank asked for injunction to stop the inquiry,
saying that there is already an investigation conducted by
the Central Bank, and anytime soon, there might be a case
filed against them.
SC says, the mere filing of a criminal or administrative
complaint before court or quasi judicial body should not
automatically bar the conduct of legislative inquiry OW it
would be easy to subvert inquiry of the congress through
the convenient ploy of instituting a criminal or
administrative complaint.
The exercise of congress or any of its committee of the power
to punish contempt is based on the principle of self
preservation of the branch of government vested with
legislative power independently of judicial branch. It can
assert its authority and punish contentious acts.
It cannot penalize the violators even if there is overwhelming
evidence of criminal culpability. It can only recommend
measures or remedy which may be unearthed during
investigation, although it may include in its report of its
investigation or report for the criminal indictment of
persons who may appear liable.
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CONSTITUTIONAL LAW
WITNESS SUMMONED CAN BE COMPELLED
While we would say that the mere filing of a criminal or
administrative complaint against a witness or person
summoned before a legislative inquiry can be compelled to
appear before the senate or the congress.
Because they are not accused in a legislative inquiry. Rather,
they are mere witnesses.
So they do not violate the separation of powers between the
legislative branch or any court or quasi judicial bodies where
there is also a case filed against witnesses.
Benzon case has different circumstances as that of the

Chartered Bank.
CONDUCT OF LEGISLATIVE INQUIRY PROCEDURE
One cannot be inquired into or cited for contempt. There has
to be the Rules of Procedure and that must be published.
That is also emphasized in the case of Neri vs Senate.
PCGG Can the congress compel the commissioner of PCGG despite

the privilege given to the office that they cannot be subject
of investigation.
Kwin
VARIETIES OF EXECUTIVE PRIVILEGE

1. state secrets
Invoked by the president if it will subvert crucial military,
diplomatic objectives.
2. informers privilege
These are information that the president cannot be
compelled to disclose; not to disclose the identity of
persons who furnished the information of violation of law
to officers charged with the enforcement of the law.
3. generic privilege
Internal deliberations attached to intra governmental
and the documents reflecting advisory opinions,
recommendations and deliberations comprising part of
process which governmental decisions and policies are
formulated.
CABINET MEMBERS
As regards to the cabinet being sovereign before the
legislative inquiry, they have to ask for the consent to
appear to give the president the chance to invoke the
privilege.
(my recording starts here)

Case: Savio
He was cited for contempt.
In the matter of petition for issuance of writ of habeas corpus
on Savio, SC said that congress power of inquiry is broad
that it encompasses everything that concerns the
administration of existing laws as well as propose needed
statutes.
It even extends to government agency created in congress
and officers whose positions are within the power of
congress to regulate or even abolish.
PCGG belongs to this class. So long as constitutional rights of
witnesses like Chairman Savio and his commissioners will be
respected by respondents senate committees.
It is their duty to cooperate with them in their efforts to
obtain the facts needed for intelligent legislative action.
The obligation of citizen is to respond to subpoena, to respect
to the dignity of congress and its committees and to testify
fully with respect to matters within the realm of
investigation.
Case: Miguel vs Gordon, Act 17, 2006
A mere provision of law cannot pose limitation on the power
of congress in the absence of constitutional basis.
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CONSTITUTIONAL LAW
QUESTION HOUR
APPROVAL OF PRESIDENT
Does it need the approval of the president?
Yes.
LIMITED TO CABINET
How is a question hour conducted?
This is limited to cabinet members. So not any person will
be summoned before any committee or senate or
congressional inquiry.
So it is either
a. the cabinet requesting an audience with the senate or
congress or any of its committee insofar as matters that
affect or they want to clarified about.
b. the president to be informed of the sessions on reaching
the congress,
c. congress summoning a member of the cabinet.
POWER OF OVERSIGHT OF CONGRESS
If it is just a follow up on laws that are to be enforced by the
different departments that is part of the oversight function
of congress which would include scrutiny, investigation and
supervision.
Power of oversight embraces all activities undertaken by
congress to enhance its understanding of and influence the
over the implementation of the legislation it has enacted.
Clearly, oversight concerns post enactment measures under
taken by congress to monitor beurocratic compliance with
program activities, to determine whether the agencies are
properly administered to eliminate executive dishonesty and
prevent executive usurpation of legislative authority to
assess executive conformity with congressional perception
of public interest.
This may be done in a question hour.
Kwin
DECLARATION OF WAR
Who has the power to declare war?
It is the president who declared war. But there cannot be
declaration of war should there be no definition of the
existence of a state of war.
The law does not make it a condition sine qua non to the
declaration of war.
But in the matter of the existence of the state of war is for
the purpose of granting or vesting in the president
emergency power, that is why they have to determine WON
there exist a state of war.
But WON there is a determination of the existence f a state of
war, of course the president can declare war as the
commanding chief of the AFP.
OW if the president has to wait for congress to hold session
and vote WON we are on a state of war, then we are already
invaded.
DECLARATION OF STATE OF WAR
However, for purposes of the prosecution of the war such as
granting emergency power to the president so that the
president can incorporate funds for the war, it is important
that there has to be a declaration of state of war, and that is
vested with the congress.
How many votes are needed?
2/3 votes both houses, voting separately.
EMERGENCY POWER
Where is emergency power vested?
It is not in the president but it is delegated to the president.
It is vested in congress.
This is the power that is delegated to the president in a
statute under sec 23.
Because you might think that this power is exercised by the
president; this can only be exercised by the president if it is
delegated by the congress to the president.
Under what cases?
Only in cases of:
1. national emergency
2. war
And thus precisely a determination of congress whether we
are in a state of war.
But in the determination if we are in the state of rebellion or
national emergency, that may be done by the president
only. (David et al vs Arroyo).
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CONSTITUTIONAL LAW
LAW MAKING PROCESS
There is a sponsor of the bill which will be under first reading.
Only the title will be read.
Thereafter, it is referred to a committee for referral.
The committee could either conduct a further study on a bill
that is being sponsored through hearings or may just lay it
on the table, meaning not act on it.
In the event the committee concerned acts on it, it goes back
to the plenary session for a second reading.
On the second reading, not only will the title be read but the
whole text of the sponsored bill including the recommended
changes made by the committee.
Thereafter, there will be discussion and debate on the bill.
Then it will be recommended for printing.
After the printing, it will distributed at least three days before
the plenary session is held and then there will be a third
reading.
After the third reading, no amendment will be made, then
they will take a vote.
Thereafter, it will be transferred to the other house.
The three readings is indispensible.
But where the president certifies that the bill is urgent
because of an exigency or emergency, the three readings
may be done on the same day. And the printing may be
dispensed with. After the third reading, there will be the
taking of the vote.
If there are differences between the two houses version, it
will be referred to a bicameral conference committee. It can
even make a practically new version of the bill of both
houses.
There will be no violation here. It is not superior to the two
other houses because after all, the recommendation of the
bicameral conference committee still has to be submitted to
the plenary sessions of both houses where they will take a
vote whether to agree to the bicameral conference
committee or not.
So ultimately, if it is carried out, it is approved by both
houses. The amendments could take as a substitute.
Kwin
RULES AND LIMITATIONS IN MAKING OF LAWS

There are certain rules and limitations in making of laws, both
substantive and procedural.
AS TO BILLS THAT MAY BE SPONSORED
a. bills that must originate from the
Representatives
1. appropriation bills
2. revenue bills
3. tariff bills
4. bills authorizing increase of public debts
5. bills of local application and private bills
House
of
Meaning, the house of senate cannot initiate unless they

receive the first version of the house of reps. They may
probably come up with their own version.
What are these kinds of bills?
-authority to disburse public funds
-may be general or special
2. revenue bills
-designed to raise money or revenue through imposition
or levy
5. bills of local application and private bills
-for matter relating to LGU
-ex. change from municipality to city
The bills may be:
1. general bill
2. special bill
1. general bill
-ex. ANNUAL BUDGET
-prepared by the president to be submitted before the
regular session
-MAY NOT BE INCRESSED BY CONGRESS
-MAY BE DECREASED BY CONGRESS
-must specifically to some particular appropriation
and the legislation or enactment must be limited in
its operation to the appropriation to which it relates
-of course there must be an available fund for that
purpose
-NO JUGGLING OF FUNDS
-if there is an amount appropriated for a specific
purpose, you cannot transfer it as GR to another
purpose or from one item to another item
-EXCEPTION:
-depends on whose budget, who will approve
a. executive - president
b. legislative - president of the senate or the
speaker of the house of representatives
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CONSTITUTIONAL LAW
c. judiciary - chief justice of SC
d. constitutional commissions - chairman
-example. The budget of the military cannot be
transferred from one item to another, it has to be
with the consent of the president, not in his capacity
as the commander in chief but his being the
president to avoid the juggling of the funds.
AS TO VETOING AN APPROPRIATION BILL

As a GR, if the president should veto a bill, the president
vetoes the entire bill except when it is an
2. revenue bills
3. tariff bills
On APPROPRIATION BILL, you have to make further exception
because sometimes the members of congress will insert
subject matters that are not related to appropriation.
So then you will have to understand what is the NATURE OF
APPROPRIATION. It primarily authorizes the disbursement of
funds for a specific public purpose.
But sometimes, in the guise of an appropriation bill create an
office and insert that in an appropriation bill.
That is not an appropriation bill. It is just a creation of office,
the allocation of funds is merely incidental to the creation of
office.
That can be vetoed by the president as an INAPPROPRIATE
PROVISION.
So 2 EXCEPTIONS TO THE RULE THAT IF THE PRESIDENT HAS
TO VETO THE BILL, HE HAS TO VETO THE ENTIRE BILL:
1. appropriation bills, revenue bills, tariff bills
2. inappropriate provisions
Of course with the condition that the rest of the provision
of the bill can stand on their own excluding that portion that
has been vetoed by the president.
Kwin
Case: Suplico vs Romulo

This is on appropriation.
The rule is, any disbursement of public funds should be
supported by an appropriation law.
They borrowed money to be placed to the general fund for a
public purpose. Instead of placing it to the general fund,
they applied the proceeds of the loan directly for the
purpose which is was made.
Can that be done?
SC said, any government expenditure without corresponding
appropriation by congress is unconstitutional. There can be
no dispute that the proceeds of the foreign loans whether
concluded or not cannot be obligated in a procurement
contract without a prior appropriation from congress.
When the executive branch secures a loan to file a
procurement of goods and services, the loan proceeds enter
the national treasury as part of the national funds of the
government. Congress must appropriate by law the loan
proceeds to find the procurement of goods and services OW
the loan proceeds cannot be spent by the executive branch.
When the loan falls due, congress must make another
appropriation to authorize the payment of the loan of thee
general funds of the national treasury.
This appropriation for the repayment of the loan is what is
covered by automatic appropriation.
They were saying that in ZTE, they borrowed money but it did
not push through because it did push through because of
the controversy. They borrowed money and supposedly the
proceeds will be applied to the contract that they have
entered into with the Chinese government.
To go into short cut, they will pay it directly without putting it
in the general funds.
This cannot be done. Even if it is for a public purpose, there
has to be an appropriation law. That is the GR.
AUTOMATIC APPROPROPRIATION
What is the rule then on automatic appropriation?
It is an exception to the loans that we borrowed where we
schedule the payment of the loan. There a specific amount
that you are going to pay it with.
In which case, you do not have to make a separate
appropriation for that purpose. Automatically, it will be
carried out in the next budget.
Thats automatic appropriation, as an exception to every
disbursement having an appropriation.
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CONSTITUTIONAL LAW
POWER OF CONGRESS TO IMPOSE TAXES
Except for sec 28, where tariff powers are vested in the
president, the congress is the one that imposes taxes.
WHO IS SUBJECTED
And as a GR, in the imposition of taxes, everybody is
subjected to tax except by vote of majority of the members
of congress.
TREATY TAX CREDITS
Tax credits granted by treaty. How many votes are needed?
It needs no concurrence from congress. But because it is a
treaty, it needs concurrence of 2/3 of senate.
TAX EXEMPTIONS ON CERTAIN INSTITUTIONS
Churches, personagesproperties that are directly, actually
and exclusively used for religious purposes and for
charitable institutions.
Case: Lung Center vs Quezon City
Under 1973, 1987 Constitution and RA 7160, in order to be
entitled to exemption, petitioner is burdened to prove by
unequivocal proof that it is a charitable institution and the
properties are actually, directly and exclusively used for
charitable institution.
EXCLUSIVELY USED
TN of the definition of EXCLUSIVE. It is defined as possessed
or enjoyed to the exclusion of others, barred from
participation or enjoyment.
And exclusively is defined in a manner to exclude or enjoy the
privilege exclusively.
The words DOMINANT USE and PRINCIPAL USE cannot be
substituted for the words used exclusively without doing
violence to the constitution and the law.
SOLELY is synonymous to the word exclusively.
Case: Lung Center vs Quezon City
Part of its property was for charitable purposes for free for
indigent purposes. But there is a part of a property which
they had for a fee. So those who are well off enough to pay
for fees will pay.
They are now asking for exemption because they are taxed
for the income that they derived, and on the property as
well because it was with a fee. They say that this institution
is principally a charitable institution.
SC said, that would not mean exclusive. So there is the
definition of exclusive use there.
What else are exempted?

1. religious purposes
2. educational purposes
Kwin
EDUCATIONAL PURPOSES
The application of the exemption refers to non stock non
profit educational institutions that would include their
revenues. Not only the properties that they are in
possession with, including the revenues.
They are exempt from taxation for as long as it is in relation
of educational purposes.
In contracts, you have those proprietary educational
institution, do they enjoy the same privilege as a non stock
non profit institution? Because this is the issue of some
schools here that is for business?
The law says, unless OW provided by law. So they may be
exempt. But our local laws are subjecting them to taxation,
so they cannot complain.
This includes foundations that are non stock non profit, like
USC foundation. They are exempt also from taxation.
PROCEDURAL LIMITATION
Every bill must embrace one subject matter. Same thing as
when laws are initiated by the people on the process of
initiative and referendum.
OW, if there will be several subject matters, that will be a
HODGE PODGE LAW and is prohibited by law and can be
prohibited by the president on the concept of
INAPPROPRIATE PROVISIONS.
RECORDS OF THE PROCEEDING OF THE DELIBERATIONS
Records of the proceeding of the deliberations:
1. journal
2. enrolled bill
Which of these two will prevail in case of conflict?
What is their probative value?
ENROLLED BILL is the certified and authenticated version of
the bill that is signed by the president before becoming a
law.
After both houses through their respective heads certify
that that is their version, it will be enrolled. It will be
authenticated by the president of the senate and the
speaker of the house of representative and signed by the
president.
In case there is a conflict and a question on what is the
version of the law, the enrolled bill is conclusive upon the
courts as to the contents, the tenor of the legislative
proposal.
Should they think that it is actually not the version that
both houses intended, then they need to amend it. They
cannot just set aside the enrolled bill. So far as the court is
concerned, it is conclusive
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CONSTITUTIONAL LAW
What if it conflict with the journal?
The JOURNAL is required by the constitution to be kept by
the secretary of each house in order to contain the
following:
1. veto message of the president
2. voting of both houses overriding the veto
3. yeas and nays of the members of both houses in the
passing of the bill
4. yeas and nays requested by 1/5 of the members of the
house to be entered in the journal
Insofar as those information are concerned, they are
conclusive upon the courts. So you must know what are
these information that need to be entered in the journal.
In case of conflict of the voting, the journal always prevails.
If you go by the matter WON the bill is valid in its content
or tenor, you have to go by the enrolled bill.
Case: Abakada Guro Party list vs Ermita, Oct 18, 2005
The signing of the bill by speaker of the house and the
president of the senate and the certification of the
secretaries of both houses of congress that it was passed are
conclusive of its due enactment.
Case: Pons vs US
This about the substances.
This is important. One, as regards to the conclusiveness of
the journal, and the another one is the conclusiveness of the
enrolled bill.
This has something to do with the time when the bill was
passed because there was an allegation that the bill was
signed after the term of office of the office.
But it was stated in the journal that it was passed before 12
midnight.
So which two will prevail as far as the court is concerned?
It should be the journal because according to the SC, the
memory of man may fail but definitely what was recorded in
the journal. And it is inclusive upon the courts because the
courts must accord respect to the two branches of the
government, having these records prepared by co-equal
braches of government which is congress.
SEC 32
SECTION 32. The Congress shall, as early as possible, provide for a system of
initiative and referendum, and the exceptions therefrom, whereby the
people can directly propose and enact laws or approve or reject any act or
law or part thereof passed by the Congress or local legislative body after the
registration of a petition therefor signed by at least ten per centum of the
total number of registered voters, of which every legislative district must be
represented by at least three per centum of the registered voters thereof.
INITIATIVE AND REFERENDUM
Kwin
ARTICLE VII - EXECUTIVE DEPARTMENT

EXECUTIVE POWER
It is vested in the president.
Some powers that are not assigned either to the legislative or

the judiciary, the power is vested on the president being the
chief executive.
This is what we call the RESIDUAL POWER OF THE PRESIDENT
Example.
DETERMINE WHO IS ALLOWED TO ENTER COUNRTY
On the matter of determination who is allowed to enter the
country. (Marcos vs Maglanos)
PRESIDENTIAL IMMUNITY
On the enjoyment of the president of immunity.
On the presidential immunity, this is only available to the
president during his incumbency. This is not an express grant
of the constitution. This is jurisprudential. IOW by the
decisions of the SC that this power of immunity from suit is
enjoyed by the president.
With the enjoyment of this immunity, TN of the cases of:
Estrada was saying that he is still the president and
therefore he should still continue to enjoy the immunity and
thus he cannot be prosecuted in SB.
SC said that in as much as he is already considered
resigned, he is no longer the president. And not being the
president anymore, he can no longer invoke the immunity.
IOW he can now be prosecuted in any court of law because
such is CONCURRENT ONLY TO HIS TENURE, not to his term.
The TENURE means the period which he actually holds
office.
The TERM is a period which he is to hold office as a matter
of right.
Case: Romualdez vs Sandiganbayan
SC said that the executive immunity applies only during the
incumbency of the president.
Case: David et al vs Arroyo
Arroyo was dropped from that case.
SC said it is not proper to implead Arroyo as respondent.
Settled is the doctrine that the president during his tenure
of office or actual incumbency may not be sued in any civil
or criminal case, and there is no need to provide for it in the
constitution.
Case: Soloven vs Macasial
They moved for the dismissal of the case filed against them
by President Aquino, invoking immunity from suit. They are
saying that when you can sue us, we cannot file a
countersuit against you because of immunity from suit. And
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CONSTITUTIONAL LAW
thus they moved for the dismissal of the case.
TN this can only be invoked by the president. It is personal
to the president. So it is up to the president to invoke it or
waive that right.
So when the president files a case against a private
individual, president is considered to have impliedly waived
his immunity.
But its up to the president. It cannot be used as a defense
on the part of the person being sued by the president
IMMUNITY FROM SUIT IS PERSONAL TO THE PRESIDENT
TN immunity from suit is personal to the president. It cannot
be invoked under qualified political agency by the alter egos
of the president. This cannot be delegated to the different
secretaries of the different departments.
Case: Secretary Gloria Arroyo
She invoked immunity from suit being the secretary of the
Department of Education.
SC said that it is not extended to the cabinet members.
This is only personal to the president.
QUALIFICATIONS
1. natural born
2. resident of Philippines for 10 years immediately preceding
the election
3. 40 years on the days of election
4. citizen before assuming office
TERM
PRESIDENT
6 years
Unless OW provided by law
Term begins at noon of Jun 30 following the election.
When we say, unless OW provided by law, can his term of
office be extended?
No. It refers to the commencement of his term of office. It
could be other than June 30 following the day of election.
VICE PRESIDENT
6 years but in no case for 2 successive terms.
So he can serve for more than 12 years as long as it is not
successive.
Can the VP who assumes the presidency run again as
president after the expiration of his term?
It depends.
If he had served for more than four years in the office of his
predecessor, he is disqualified.
If 4 years or less, he can still run as president.
Kwin
MANNER OF ELECTION
PRESIDENT
How are they chosen?
They are chosen by direct votes.
BOARD OF CANVASSERS
Who canvass the election returns from the different
provinces and cities? Who serves as the board of
canvassers?
The congress. The congress cannot delegate that to
Comelec. It is directly transmitted to congress.
But they can conduct a joint committee to authenticate the
election returns that have been submitted. But I dont think
that is now a controversial thing now that we are
automated.
Still it is the congress that will canvass and thereafter they are
going to make a proclamation.
BTW, remember that during the election time, usually, the
term of office of the members are already expiring except
for the 12 senators whose term of office have not already
expired yet.
Is it not that they adjourn sine die? What is adjournment sine
die?
When they adjourn as a legislative body. Meaning, in the
matter of law making.
Elections are held every 2nd Sunday of May. Before an
election is made, they adjourn sine die. This is without
prejudice to continuing their session not as a legislative body
but as to perform other functions vested in them or
conferred upon them by the constitution such as the
canvassing of votes for president and VP.
This is a function that they can be compelled to stay in
session and attending and performing the function
notwithstanding that they have already adjourned insofar as
being a legislative body.
So they adjourn as a legislative body insofar as lawmaking
but not insofar as performing functions that are required of
them by the constitution such as acting as the board of
canvassers.
PROCLAMATION
Then they have to vote. To proclaim, they have to have
majority votes in a joint session voting separately.
DEADLOCK
In case there would be a deadlock or a tie, they have to break
the tie with majority of both houses.
ELECTION CONTEST OR PROTEST
In the mean time, any election contest or protest, where is it
filed?
You have the PET Presidential Electoral Tribunal.
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CONSTITUTIONAL LAW
Kwin
PET PRESIDENTIAL ELECTORAL TRIBUNAL

It is the SC acting as the PET.
When the law grants the SC the power to resolve an election
contest between and among the presidential candidates, no
new or separate court is created.
The law merely conferred upon the SC the functions of the
PET.
Case: Legarda vs de Castro

She also filed an election protest against de Castro. After
that, she ran for election to the senate.
SC said that Legarda has effectively abandoned or
withdrawn her protest when she ran for senate which
coincides with the term of vice presidency.
NO PRE PROCLAMATION CONTEST

There is no pre proclamation contest with regards to
president and VP.
Case: Estrada
In the case of Estrada running again as president. Supposedly
6 years without reelection. So meaning, you have to finish
the term in 6 years.
Because it did it say: voluntary renunciation is considered an
interruption of the continuity of the term of office like in
the case of members of congress.
So, the presume that the president in order to be disqualified
to run for election, he will have to finish the 6 years term.
WHO MAY BE PROTESTANT

Who may be a protestant in a presidential election?
Case: Poe
Only a real party in interest may be a protestant.
A real party in interest are only the two persons, the
second and third placers only.
The rule makes in effect determine the real party in
interest concerning an on going election contest.
Envision the scenario where if the declared voter have not
been truly voted upon by the electorate, the candidate who
received the second or third highest number of votes would
be the legitimate beneficiary in the successful election
contest.
Case: Tecson vs Comelec
The actions contemplated in sec 4 art 7 of the constitution
are post election remedies, namely:
1. regular election contest
2. quo warranto
This is not being made clear, because eventually, what if for

example, you are being impeached, on the second year of
his term, can he run for presidency on the next election? It is
not voluntary?
It case of resignation it is voluntary
It is rather confusing because the law is very clear, 6 years
without reelection.
Adding to the confusion is Estrada running for reelection. His
theory is he is qualified because he had not finished his
term.
Anyhow, there is no decision on that by the SC.
The word contest means that the jurisdiction of the SC may

only be invoked after the election and proclamation of the
VP or president. There can be no contest before a winner is
proclaimed.
EFFECT IF PROTESTANT REASSUMES OFFICE

What will happen if the protestant reassumes his office?
Case: Santiago
Santiago ran as president. She was not able to get the
result of the contest, she went back to her being a senator.
For those who will run as president, they are not
considered resigned. They can go back to their position so
long as the term did not expire.
What was the effect on the election protest?
SC said, in assuming the office of the senator, President
Santiago has effectively abandoned or withdrawn her
protest to the election protestee. Case is dismissed.
Kwin transcripts
Page 72
CONSTITUTIONAL LAW
FILLING UP OF THE VACANCY
It may occur at the beginning of the term or during the term
of the president or VP.
BEFORE ASSUMPTION - DEATH
If it occurs before the term or even before the president
assumes office, he died or he suffered permanent disability,
the VP becomes the president.
If there is no VP, then it would be the president of the senate,
the speaker of the house of representatives, in that order
acting as the president in the mean time until the VP has
succeeded, qualified or chosen.
BEFORE ASSUMPTION FAILED TO QUALIFY OR NONE
CHOSEN
If at the beginning of the term, the president failed to qualify,
then the president or the senate shall act as the president.
Or if no president has been chosen, then the president of the
senate or the speaker of the house of representatives, in
that order will be acting as the president.
In the absence of the speaker, they will have to convene and
provide for a law that will serve to provide the manner of
succession who shall be acting as the president in the
mean time the elect president has not yet been chosen or
failed to qualify.
WHEN THERE IS ASSUMPTION
During this time, the term of the president, you go into the
succession, only when there is permanent vacancy caused
by:
1. death
2. permanent disability
3. resignation
4. impeachment
2. PERMANENT DISABILITY
In the case of PERMANENT DISABILITY, should it always be
physical?
What about FUNCTIONAL DISABILITY? Meaning you cannot
anymore function effectively as a president because you do
not have anymore the support of your cabinet, AFP or LGUs.
Case: Estrada
It is not so much on the resignation but on the functional
disability of the president. Virtually, he was a laying duck
because he cannot command anymore the leadership
insofar as the government is concerned because he lost the
support of the key officials of the government especially the
support from the AFP.
That has to be defined by the SC because it was a mere
opinion of one of the justices.
Kwin
understanding is PHYSICAL DISABILITY.
3. RESIGNATION
This is defined in the case of:
No formal process is required like when you have to tender
a resignation letter. For as long as there is a manifestation of
the relinquishment of the power and the act is more to the
relinquishment by abandoning physically the office that he is
abandoning, that is already considered as resignation.
There were enumerated manifestations of the act of
relinquishment of the power which the SC has concluded
that indeed, he has resigned.
4. IMPEACHMENT
The president can only be removed through impeachment.
Because he is the president, you have the initiation by the
house of representatives, and then you have the senate
acting as the tribunal.
You will have the chief justice of SC as the presiding officer.
How about the VP? Same manner in creating a vacancy in
the office of the VP.
1. death
2. permanent disability
3. resignation
4. impeachment
Insofar as the VP is concerned, the one who is going to
preside the impeachment proceedings in the senate will be
the president of the senate.
SUCCESSION DUE TO VACANCY OF PRESIDENT
In case a vacancy occurs, there will be the succession. The VP
shall become the new president by operation of law.
In the absence of the VP, you will have the president of the
senate o act until the election shall be held. Or you have the
speaker.
But TN in the absence of either, congress will meet and
provide for the manner of succession. Here, they will call for
a special election.
No special election however will be called unless the vacancy
occurs within 18 months before the next regular election.
SUCCESSION DUE TO VACANCY OF VP
The president nominates and the members of congress shall
vote by majority votes, voting separately.
There will be no special election.
Special election will be held when both offices of the
president and VP are vacant.
The permanent disability as has been ventured in its

definition by the definition of one of the justices, perhaps it
could also include functional disability. But the
Kwin transcripts
Page 73
CONSTITUTIONAL LAW
TEMPORARY DISABILITY OF THE PRESIDENT
There is a discussion on the temporary disability in the case
of:
Estrada vs Disierto
In the determination WON there is a conflict between the
presidents pronouncements and that of the majority of his
cabinet, it will be for congress to decide, WON indeed the
president suffers temporary disability in order to have the
VP to take over and act as the president.
VOTES REQUIRED TO DECLARE TEMPORARY DISABILITY
How many votes are needed to declare the temporary
disability on the part of the president?
2/3 votes voting separately.
It is only when on the second time that the majority of the
cabinet will declare that the president to be under
temporary disability.
INITIATIVE OF DECLARATION OF TEMPORARY DISABILITY
So the declaration of temporary disability could either be by
the initiative of:
1. the president himself informing congress that he is under
temporary disability
2. the majority of its cabinet
INITIATIVE OF MAJORITY OF CABINET MEMBERS
This can be protested by the president. And the moment the
president contradicts that, then he can reassume the
functions of the president.
Then the cabinet again can go back to congress and tell then
that indeed the president is in temporary disability.
The second time that they will do that, then congress has to
decide.
And the matter of declaring temporary disability is
discretionary of congress. Not even the SC can interfere.
The question whether there is temporary disability of Estrada
is a political question beyond SCs power of review.
The decision that President Arroyo is a de jure president,
made by a co-equal branch of government cannot be
reviewed by the SC because that is discretionary of the SC.
DECALARTION OF TEMPORARY DISABILITY
In relation to this, you have also the requirement that while
the president is ill, it has to be declared and the public has to
be informed about it.
Kwin
DISQUALIFICATION OF THE PRESIDENTAND VP AND

MEMBERS OF CABINET
1. prohibited from holding any office or employment during
their tenure, either government or private
-unless OW provided by the constitution or by law
a. VP may also be appointed as a cabinet secretary
-does not require confirmation of Commission on
Appointments
b. Secretary of Justice is an ex officio member of judicial and
bar council
-does not require confirmation of Commission on
Appointments
c. when they hold office in a capacity of ex officio
-do not receive salary or emoluments
-ex. Secretary of Finance at the same time Head of the
Monetary Board
2. prohibited from practicing profession directly or indirectly
during their tenure
3. cannot participate in any business
4. cannot be financially interested in any contract or any
franchise or any special privilege that may be granted by any
subdivision of the government, agency including GOCC
5. cannot appoint spouse of president and relatives within the
fourth civil degree either by consanguinity or by affinity to be
the head of the Constitutional Commission or the
commissioner of COA, Civil Service or Comelec
6. cannot appoint the spouse to be the ombudsman or
secretary of any of the department under the executive
branch or undersecretary or chairman of bureaus or offices
including GOCCs and their subsidiary
NO PROHIBITION ON THE APPOINTMENT OF SPOUSE
Can the spouse be appointed as chief justice of SC or to be an
ambassador or consul?
Yes. There is no prohibition.
If the spouse is already in office before he was elected as
president, can she continue?
Yes. What is prohibited is the appointment or the
reappointment of that spouse or relative to those positions I
have enumerated within or during his tenure.
ACCESS TO PRESIDENT DURING ILLNESS

And during the illness of the president, who has access to the
president?
1. national security adviser
2. secretary of foreign affairs
3. chief of staff of AFP
Kwin transcripts
Page 74
CONSTITUTIONAL LAW
APPOINTMENT POWER OF THE PRESIDENT
Being the chief executive, by nature, appointing power is
vested in the president.
What are the different kinds of appointments?
1. heads of executive departments
Kwin
-they have filed cases in the SC right now. SC will still

decide on the issue of the presidents disciplining the
deputy ombudsman being the appointing authority.
c. regular members of the judicial and bar council
d. sectoral representative in congress before the party list
system
2. ambassadors and public ministers and consuls

3. officers of AFP
-excluding those that are no longer part of AFP:
a. PNP
b. Philippine Coast Guard
4. other officers whose appointment is vested in him by the
constitution like:
a. chairman and commissioners of
1. Civil Service
2. Comelec
3. COA
b. ombudsman and his deputies
-controversy:
-4 deputy ombudsman:
1. Luzon
2. Visayas
3. Mindanao
4. Military
-it is only under this administration that they went into
the matter of removing them or investigation them.
You also include the special prosecutor who is being
placed under preventive suspension. The deputy
ombudsman for the military has already been
dismissed from service.
-the ombudsman, while he is appointed by the
president, cannot be removed by the president. He is
only removable by impeachment.
-the law however is very clear as to who are the
impeachable officials: those who are not included in
the list are excluded. Therefore, that excludes the
deputy ombudsman.
-who can discipline them? From the previous
understanding, they can only be disciplined by the
office of the ombudsman to maintain the
independence of ombudsman. They have this
committee that investigates deputy ombudsman who
has been charged administratively.
-it is only under this administration where the
president has conducted investigation, and we already
have and example of Gonzales having been dismissed
from the service in relation to that incident that had
happened in Luneta, where there was the holding
hostage of some Chinese tourists in the country. We
also have the preventive suspension of the special
prosecutor, who has the same rank of the deputy
ombudsman.
5. judges of the judiciary

-but the president cannot remove them.
-to maintain independence of SC, only SC can remove
judges
6. all other officers whose appointments are not provided by
law and those who may be authorized by law to appoint
-if there is no law providing who the appointing authority,
it is understood that the president makes the president
because the appointing power by its nature is executive.
-or those laws that specifically provide that they are subject
to the appointment of the president.
-because there are certain appointments that are not made
by the president, like:
a. personnel in congress
b. staff and employees in judiciary
-only the judges and up are appointed by the president
Kwin transcripts
Page 75
CONSTITUTIONAL LAW
LIMITATIONS OF APPOINTMENT
1. CONFIRMATION OF CoA
The first four appointments that we have mentioned are
subject to the confirmation of the Commission of
Appointments.
KINDS OF APPOINTMENTS
TN of the different kinds of appointments relating to this,
insofar as confirmation:
1. permanent
2. temporary
1. regular
2. ad interim
PERMANENT APPOINTMENT
If the appointment is permanent, and congress is in session,
the process is like this:
The president nominates, and then the CoA supposedly
should act in it within 30 days.
If the CoA confirms the nomination, then the president
issues what they call, COMMISSION. And thereafter the
appointee accepts the appointment and assumes office.
If the CoA disapproves, then the president cannot
renominate the same candidate.
Can the appointee return to the previous position he was
occupying before the nomination of the president? YES.
Cen he be renominated? NO.
If the CoA does not act on the nomination within 30 days
from submission, then the nomination is as good as by
passed.
Can the appointee return to the previous position he was
occupying before the nomination of the president? YES.
Cen he be renominated? YES.
Because his removal or separation of office shall take effect
only upon confirmation.
TEMPORARY APPOINTMENT
Even a temporary appointment or a mere designation, does
that require confirmation by the CA? Assuming it refers to
heads of executive department, officers of AFP, consul, etc
If its only temporary or in acting capacity, or its a mere
designation (additional functions to the regular function),
that would not require confirmation by the CoA.
Acting appointment can be made even if congress is in
session because it does not anyway require confirmation by
the CoA.
Kwin
REGULAR APPOINTMENT
It is made by the president while congress is in session.
TN that CoA cannot act if the congress is not in session.
The president has to submit the nomination to the CoA.
If the CoA disapproves, then he cannot renominate the same
candidate.
If the CoA approves, then the appointment takes effect upon
confirmation.
If the CoA does not act on it within 30 days, then it is good as
by passed. The president can still renominate the same
candidate.
AD INTERIM APPOINTMENT
It is made by the president while congress is not in session,
therefore CoA is not in session.
It is effective immediately upon qualification of the
appointee. And it is permanent.
However, it will last only until it is disapproved by the CoA
upon the resumption of the session.
If it is not confirmed, then it shall last only until the next
adjournment of congress. So there is a limit on its duration
although it is permanent.
Can the same candidate be renominated after the expiration
of the appointment because it was not confirmed even after
the adjournment of congress?
YES. It is only when it is disapproved when he cannot be
renominited.
Even if there is a prohibition on reappointment in the case of
Constitutional Commissioners of COA, Civil Service or
Comelec?
YES. Because the prohibition against reappointment as to
the officers I have mentioned applies only to regular
appointment, not interim appointment.
Case: Matibag vs Beripayo
Case: Binamira vs Garucho
SC said, an ad interim appointment is a permanent
appointment because it takes effect immediately and can no
longer be withdrawn by the president once an appointee is
qualified into office.
The fact that it is subject to confirmation by the CoA, does
not alter its permanent character.
It is effective until disapproved by the CoA or until the next
adjournment of congress.
It is extended only during the recess of congress.
If it is disapproved by CoA, appointing can no longer
extended in the new appointment.
If by passed, the president is free to renew the ad interim
appointment.
Kwin transcripts
Page 76
CONSTITUTIONAL LAW
Case: Pimentel vs Executive Secreatry
The law allows the president top make such acting
appointment. The president may even appoint in acting
capacity a person not in the government service as long as
the president deemed that person competent.
Acting appointment is temporary in nature. It is intended to
fill up an office for a limited time until the appointment of
permanent occupant to the office.
In case of vacancy in an office occupied by an alter ego of
her choice as acting secretary before the permanent
appointee of her choice and assume office, it may be
extended anytime there is vacancy even while congress is in
session.
2. LIMITATION ON MIDNIGHT APPOINTMENT

This was a controversy last year because of the appointment
of the chief justice of SC.
The president cannot make appointments because it is
prohibited within 2 months immediately preceding a regular
election of the president.
So TN of the following cases:
Case: De Castro vs JBC
Castro vs JBC
Case: Serrano vs JBC
Soriano vs JBC
Case: Reconza vs JBC
TN of the reapplication of sec 15 art 7 of the Constitution to
appointments of the judiciary.
Because in the law, particularly of sec 15, art 7, that in
reference to appointment of officers (no distinction), for a s
ling as it is within the presidents power to appoint; except
when the continued vacancy would cause prejudice to public
service, then he may appoint temporarily the executive
officers to offices in the executive department.
Does this apply to the judiciary?
In these cases, SC said, the prohibition under art 7 sec 15 of
the constitution against presidential appointments
immediately before the next presidential election and up to
the end of the term of the outgoing president does not
apply to the vacancies in the high tribunal, meaning the SC.
Although we have the case of:
Case: Valenzuela
Where SC said that it applies to the judiciary came to hold
that the prohibition covered in judicial departments, it
cannot be disputed that the ___ dictum did not firmly rest
on the deliberation of Constitutional commission.
Thereby, the confirmation made to the JBC by then Senior
Justice Florence Regalado of this court, a former member of
the Constitutional Commission, about the prohibition not
being intended to apply to the appointments to the judiciary
which confirmation Valenzuela even expressly mentioned
should prevail.
Kwin
Had the framers intended top extend the prohibition

contained in sec 15 art 7 to the appointment of members of
the SC they should have explicitly done so.
We explain. As provided in the constitution, how do you fill
up the vacancy in the office in the SC? It has to be filled up
within how long?
90 days from the occurrence of the vacancy.
Unlike the rest of the courts in the judiciary, the filling up of
the judiciary is only within 90 days from the submission of
the list of nominees.
Insofar as the SC is concerned, within 90 days from the
occurrence of the vacancy that they will fill up.
If they have to wait for the new president to be elected, they
are saying that they might violate the provisions of the
constitution which is mandatory.
Whereas for the rest of the judiciary, in the case of
Valenzuela, on why the prohibition applies to the judiciary
because after all, the appointments can be made within 90
days from the submission of the list.
So it may run conflict with the provision of the SC.
Thats why according to SC, if this applies to all, then hey
should have specified. But they did not. So still they
maintain SC is not subject to that prohibition on
appointment.
So the appointment of Chief Justice Corona was sustained as
to its propriety and validity.
Because if you ask about independence, because they have
this political prejudice already as to the appointing
authority. Supposedly, whoever is appointed after being
appointed, should remain independent as required by the
constitution.
So all the more, they should not be afraid of the SC being bias
against the next administration because it is so established
to be independent from the two other branches of the
government.
The only thing is that they cannot remove the personal
sentiments of people from what is supposedly provided by
law.
NOT APPLICABLE TO LOCAL EXECUTIVES

Election ban. Only presidential election is covered in the
prohibition. This does not apply to appointments made by
local executives.
Therefore, in the local level, they can make midnight
appointments.
Kwin transcripts
Page 77
CONSTITUTIONAL LAW
POWER OF CONTROL AND SUPERVISION BY THE PRESIDENT
CONTROL VS SUPERVISIONS
C: -when the president nullify, alter or set aside what a
subordinate officer has done in the performance of his
duties and to substitute the judgment of the officer or
subordinate
S:
-merely overseeing over the acts of the public officer.

The president cannot alter or nullify the same except
when they are contrary to law.
-its more on overseeing the acts of officer rather than
the actor
EXAMPLE
C: -control over executive department
S: -supervision over local governments
REORGANIZATION OF OFFICES
In relation of the power of control of the president over the
different departments, bureaus and agency under the
executive branch or office of the president, TN of presidents
REORGANIZATION OF OFFICES which may include even
1. the transfer of functions from one department to another
2. the merger of offices under the executive branch
3. the abolition of offices in the executive branch
Case: Buklod vs Zamora
This was the deactivation of the EIIB because some of the
functions were already performed by the other offices of the
government. Some of the personnel were transferred
offices. And those who cannot be transferred lost their job.
Thus the question of the authority of the president to do
that because virtually it abolished EIIB. According to them
only congress that created the office can do that.
But SC said that GR has been the power to abolish the
public office is dislodged with the legislature. The exception
however is that as far as bureaus, agencies or offices in the
executive department is concerned, the presidents power
of control may justify him to inactivate the power and
functions of an office or certain laws may grant him broad
authorities to carry out the reorganization measures.
The chief executive under our laws has the continuing
authority to reorganize the administrative structure of the
office of the president.
TN only the office of the president or the executive office
proper.
Kwin
Case: Malaria
Malaria Employees and Workers Association of the Phils.
Inc. were some of the functions the DOH have been
transferred.
SC said that the president has the authority to carry out the
reorganization of the DOH under the constitution and
statutory laws.
This authority is an adjunct of his power to control under
art 7 sec 1 and 17 of the 1987 constitution.
The presidents power to reorganize the executive branch
is also an exercise of his residual power, which grants the
president broad organizational power to implement the
reorganization measures. Be that as it may, the president
must exercise good faith in carrying out the reorganization
of any branch or agency of the executive department.
Case:
SC said the control of the organization of the national
government and agencies may include the power
1. to group, consolidate bureaus and agencies
2. to abolish offices to transfer functions
3. to transfer functions
4. to create and classify functions, services and activities
5. to standardize salaries and materials
The validity of the laws are unquestionable. The 1987
constitution clearly provides that all laws, decrees, executive
orders and proclamations, letters of instructions and other
executive instruments not inconsistent with the constitution
shall remain operative.
Case: Domingo vs Zamora
The presidents power to reorganize offices outside of the
office of the president proper is limited. Merely transferring
functions or agencies from the office of the president to the
departments or agencies and vice versa.
In DECS, it is now DoE. What happened to Culture and
Sports? The functions have been transferred to the
Philippine Sports Commission. It was removed. It is now
attached to the office of the president.
See section 16.
Beraugo vs Truth Commission
Kwin transcripts
Page 78
CONSTITUTIONAL LAW
QUALIFIED POLITICAL AGENCY DOCTRINE
TN as regard of the power of control is the QUALIFIED
POLITICAL AGENCY DOCTRINE.
That power of control of the president is delegated to the
different secretaries of the different departments as adjunct
to the office of the president, or acting as alter egos of the
president.
They perform the function and they are considered as the
functions being performed by the president himself unless
the acts are disapproved or repropriated by the president or
if the president is require to act in person by law or by the
constitution.
This is important; that while we have this qualified political
agency which practically makes the act of the secretary as
the act of the president; precisely in the exhaustion of
administrative remedies, the moment it is decided by the
secretary of the department, you need not go to the
president because the act of the secretary has exhausted
the administrative remedy, you can now go to the courts; as
an exception to exhaustion of administrative remedies.
NON DELIGABLE ACTS
TN however that there are certain acts that cannot be
delegated to a delegate such a secretary of a department. So
that even if it is acted upon by the secretary, that is not
considered as an act of the president.
Even if ratified by the president, still, it cannot be considered
as final. Still, it has to be acted upon by the president
himself.
What are these functions?
1. residual power of immunity from suit
-this cannot be also enjoyed by an alter ego
2. declaration of martial law
3. suspension of the privilege of the writ of habeas corpus
4. pardoning power of the president
-this is the grant of pardons, commutations, reprieves, and
remissions of fines and forfeitures
Kwin
There are certain constitutional powers and prerogatives of

the chief executive of the nation which must be exercised by
him in person and no amount of approval or ratification will
validate the exercise of any of those powers by any person;
such for instance is the power:
a. to suspend the writ of habeas corpus
b. to proclaim martial law
c. to the exercise of the divine prerogative of mercy (pardon)
These distinctions hold true to this day. There are certain
presidential powers which arise out of exceptional
circumstances and if exercised would involve the suspension
of fundamental freedoms or at least called for the
supercedence of executive prerogative over those exercised
by co-equal branches.
The declaration of martial law, the suspension of privilege
of the writ of habeas corpus, the exercise of the pardoning
power notwithstanding judicial determination of the
accused; all fall within the special class and demands for the
exclusive exercise by the president of the constitutionally
vested power.
It is by no means exclusive. But there must be showing that
the executive power in question is ofsida gravitas and
exceptional import.
SC said, we cannot conclude that the power of the
president to contract or guaranty foreign debts falls within
the same exceptional class.
Indubitably, the exception to contract and guaranty foreign
debts is a vital public interest but only akin to any
contractual obligation undertaken by the sovereign, which
arises not from the extraordinary incident but from the
established functions of the governance.
IOW this power can be delegated. And it can be performed
by an alter ego even without prior approval b ythe
president.
It is considered an act of the president unless it is
disapproved or reprobated.
Case: Constantino vs Gizia

What about the president, through the BSP contracting
foreign loans? Does that need the presidents action
personally? Can that be delegated to the president of BSP?
SC said, on the question on WON BSP can enter into
contracts the matter of entering of treaty and agreements
is a function of the president.
SC said, nevertheless, there are powers vested on the
president by the Constitution which may not be delegated to
or exercised by an agent or alter ego of the president.
Justice Laurel in his ponencia in Guillena made this clear;
the argument of ratification may seem plausible under the
circumstances concerned which by some certain acts which
by their nature cannot be validated by subsequent approval
or ratification by the president.
Kwin transcripts
Page 79
CONSTITUTIONAL LAW
COMMANDER IN CHIEF POWERS OF THE PRESIDENT
POWERS
What are the powers?
1. call out AFP (cannot decipher)
-the power to call out the AFP to prevent or suppress
lawless violation, invasion or rebellion
2. suspend writ of habeas corpus
3. proclaim a state of martial law
4. control the acts of the AFP
POWER TO CALL OUT AFP
This is the power to call out the AFP to prevent or suppress
lawless violation, invasion or rebellion.
It is not subject to judicial review. It is discretionary of the
president.
He doesnt have to report to congress, unlike the suspension
of the writ of habeas corpus or the declaration of martial
law, where there are constitutional limitations.
CONSTITUTIONAL LIMITATIONS OF SUSPENSION OF WRIT OF
HABEAS CORPUS AND PROCLAMATION OF STATE OF
MARTIAL LAW
REQUISITES
Only two requisites:
1. invasion or rebellion, AND
2. public safety requires it
Invasion or rebellion must be actual and not merely
imminent.
EXPIRATION
On 60 days, automatically it is lifted by operation of law upon
the expiration of the period unless it is revoked earlier or if
not it is extended by congress by majority votes in a joint
session voting jointly. (!this is one of the exceptions where
the houses vote jointly!)
The president cannot set it aside neither can it be reviewed
by SC.
REPORT TO CONGRESS
Then the president has to report to congress within 48 hours
from the declaration of suspension. He must submit a repot
to congress.
The purpose of the report is for the congress to determine
whether it should be revoked.
Culayan vs Tan jul 3, 2012
Kwin
LENGTH OF DETENTION
For how long can you be detained where the court cannot
interfere into the detention after a warrantless arrest
pursuant to the suspension of the writ of habeas corpus?
You cannot be detained for more than 72 hours, unless you
are judicially charged.
-RIGHT TO BAIL
And the right to bail is still available unless it is not bailable,
like coup d etat.
Of course this is without prejudice to hearing. Because
there are two requisites to deny you of your right to bail:
1. charged with capital offense
2. evidence of guilt is strong
POWER TO CONTROL THE ACTS OF THE AFP

1. APPERANCE IN LEGISLATIVE INQUIRY
Prohibiting them from appearing in any legislative inquiry.
Executive privilege has nothing to do with it. It is part of the
presidents power as the commanding in chief.
2. CHAIN OF COMMAND
Prohibiting members of AFP to freely say what they want to
say or go wherever they want to go. They have to follow the
chain of command.
So obey first before you complain. That is the structure of
the military.
OW should they refuse, they can be court martialed. In
which case, the decision of that tribunal is subject to appeal
not to any civilian court but to the resident in his capacity of
commander in chief of AFP.
DECALARTION OF NATIONAL EMERGENCY
Another point you should TN being the commander in chief,
the president can declare a state of national emergency, or
state of rebellion.
TN of cases:
Lacson vs Perez,
Sanlakas vs Executive Committee,
Integrated Bar of the Philippines
David et al vs Executive Secretary
DECALARATION OF WAR
Of course the president as the commander in chief can
declare war.
But there has to be determination of state of war. This is for
the purpose of granting emergency power.
WON there is a declaration of a state of war, the president
can declare war if indeed there is war.
Kwin transcripts
Page 80
CONSTITUTIONAL LAW
SEC 19 EXECUTIVE CLEMENCY
Grant of:
1. Pardon
2. Amnesty
3. Reprieve
4. Commutations
5. Remittance of fines and forfeitures
GRANT OF PARDON
Usually this is granted to persons or accused who are charged
with ordinary offenses whether criminal or administrative in
nature
It can only be granted when the judgment of conviction has
become final and executory.
EFFECT OF GRANT
What will be effect of granted?
He will be relieved of further punishment.
Meaning, if convicted and the judgment of conviction has
become final and executory, even if he has served it already,
still he can be granted pardon because that will relieve him
of further punishment.
So he need not serve his remaining years if there is still a
number of years that he has to serve as part of his sentence.
KINDS OF PARDON
The moment he is granted pardon, it could either be absolute
or conditional.
ABSOLUTE, WON it will be accepted by the pardonee, it
doesnt matter.
CONDITIONAL, that requires the consent of the pardonee
because it can be more burdensome on his part.
GRANT IN ADMINISTRATIVE CASES
What is the effect of grant of pardon in administrative cases?
Would it reinstate him?
That depends on the nature of pardon that may be granted
by the president.
The president has to specify that it is including his
reinstatement in office.
EFFECT ON FULLY SERVED SENTENCE
This may also be served to persons who have fully served his
sentence because there are some cases where you have
conviction for more than 2 years of imprisonment or when
you are dismissed from the service.
There are accessory penalties included in the penalty or
sentence.
Like the forfeiture of your:
Right to vote
Parental authority over children
Administration over conjugal property
Right to run for public office.
Kwin
term of imprisonment, it is still relevant.

LIMITATIONS ON THE GRANT OF PARDON
1. cannot be granted to someone who is convicted of
impeachment
2. not apply to employees of the judiciary including the
judges
-because the discipline of judges and employees of the
judiciary are exclusive to the SC.
3. not granted to persons convicted of election offenses
-unless there is favorable recommendation from the
Comelec
4. not granted to one who is cited for contempt in a
legislative inquiry
5. not granted to one who is cited for contempt in civil cases
and court proceedings
PARDON WITHOUT CONCURRENCE FINAL AND EXECUTORY
In pardon granted by the president, without concurrence of
congress, that is final and executory, not subject to review
non appealable.
That is discretionary in the president. It is non appealable.
The moment it is granted, it cannot be appealed unless
there is a grave abuse of discretion.
Executive Clemency:
1) Pardon - granted to a convict charged with ordinary offense;
penalty excused but criminal record remains; final and
non-appealable; may be absolute or conditional; could be by
the Court if with recomm of the Comelec
2) Amnesty 3) Reprieve - postponement of death penalty at prerogative of
the Pres; could be granted by Court
4) Commutation of penalty - reduction of penalty to next lower
degree
5) Remittance of fines and forefeitures
6) Probation - granted by the court upon recomm of Ofc of
probation and parole
If it is absolute pardon and you have already served your
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CONSTITUTIONAL LAW
GRANT OF AMNESTY
It is a pardon granted by the president however with the
concurrence of the majority of the members of congress.
Without the concurrence of congress, the president cannot
grant amnesty.
Kwin
GRANT OF REPRIEVE
It is a matter of postponing the execution of death penalty to
another day or the execution of his sentence.
Usually this is granted to a group of individuals or individual

belonging to a group charged with political offenses. And
this can only be granted with the concurrence of congress.
TN this can be granted before or after conviction.
IOW before he is tried in court, the president can grant him
amnesty. Unlike in pardon, it can only be granted by the
president when the judgment of conviction becomes final
and executory.
Case: Echegaray
It was the SC who issued the injunction to suspend the
execution of death penalty of Echegaray.
They were questioning SC because the power of reprieve is
vested only in the president.
The justification of SC that they are never precluded form
looking in to the case again specially when it is the life of the
person that is at stake. Just because the judgment has
become final and executory, they are not deprived of
control over the judgment. They have the duty to protect
the fundamental rights of an individual, as emphasized in a
law particularly section 15 regarding the rules for the
protection of fundamental rights of individuals.
Case: Estrada
What was granted to Estrada was not amnesty. It was
pardon. Thats why he had to withdraw his motion for
reconsideration to make the judgment final and executory
to qualify him to pardon.
If in fact there is a pending bill repealing the death penalty,

what will be the effect?
It will be applied retroactively because it is beneficial to the
accused. His penalty will be commuted from death to life
imprisonment.
This is relevant to the amnesty granted to the mutineers

including Trillanes.
AMNESTY GRANTED TO MUTINERS

Case: Capuna jr vs CA
This was during the time of Ramos, the grant of amnesty to
those people who staged a coup d etat including Honasan.
This is about Proclamation no 347 that was issued by Ramos.
This is supposed to be granted to former NPAs, the rebels.
So they were asking if it would apply to the rebel military as
well in the grant of amnesty.
SC says that the effects of Proclamation 347 issued by Ramos
cover the members of AFP. It extends to all persons who
committed the particular acts described in the provision and
not just rebels or insurgents.
CONDITION OF AMNESTY ASK FOR FORGIVENESS
You cannot be granted amnesty unless you ask for
forgiveness.
Because this is an act of mercy to someone who had faulted
the state. So why should the state grant you pardon if you
do not ask for it.
You have to admit your guilt in order to be granted amnesty.
Its a risk actually because what if it is disapproved by
congress? It is like pleading guilty as charged. So the next
thing that the court will do is to impose the penalty if it is
denied.
GRANT OF COMMUTATION
The grant of commutation of penalty is simply to reduce the
penalty to a degree or 2 degrees lower depending on the
circumstances.
That is the prerogative of the president.
GRANT OF CANCELLATION OF FINES AND FORFEITURES
Section 20.
POWERS TO CONTACT AND GUARANTY FOREIGN LOANS

REQUIRE CONCURRENCE OF MONETARY BOARD
This is entered by the resident by way of a treaty. But it does
not require the concurrence of the senate. Only the
concurrence of the Monetary Board. - BSP
Subject to the limitations as provided by law.
Of course MB has to submit to congress these treaties
relating to the loans contracted.
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CONSTITUTIONAL LAW
SEC 21
SECTION 21. No treaty or international agreement shall be valid and effective
unless concurred in by at least two-thirds of all the Members of the Senate.
NEGOTIATION POWERS OF THE PRESIDENT

You have the powers to negotiate treaties and other
international agreements.
Such treaties and agreements must pass the senate for:
1. concurrence of 2/3 votes, or
2. may be disapproved outright or
3. be approved conditionally subject to the conditions made
by the senate so the president can renegotiate it
Case: Pimentel vs Executive Secretary
Who has the sole power to ratify the treaty?
The sole power is vested upon the president.
However to bind the republic, it is subject to the concurrence
of the senate.
The role of the senate is limited to giving or withholding its
consent or concurrence to the ratification.
Hence it is within the authority of the president to refuse to
submit the treaty to the sanate or having its consent or
ratification, refuse to ratify it.
Although the refusal of the state to ratify a treaty which has
been signed in its behalf is serious detriment, it should not
be taken lightly. Such decision is within the competence of
the president alone which cannot e encroached by the court
via a writ of mandamus.
The SC has no jurisdiction over actions seeking to enjoin the
president in the performance of official duties. The court
therefore cannot issue a writ of mandamus prayed for by
the petitioners as it is beyond the jurisdiction to control the
executive function of the government to transmit the signed
text of Rome statute to the senate.
PROCESS OF TREATY MAKING
There is the negotiation by the president.
Then they would sign initially.
Thereafter, through the DFA, that treaty will be submitted to
the senate for review. The senate could either:
1. disapprove it outright
2. concur with it or recommend some changes before they
concur it
Kwin
HOW TO BIND THE REPUBLIC

What is the effect if the senate does not concur it yet the
president has signed it? Can we still be obliged
internationally?
Even if the president has signed it but the senate does not
concur it, it does not bind us.
Even if the senate has concurred it, but the president it
does not ratify it, still it does not bind us.
Remember, concurrence is exclusive to the president,
however to make the treaty effective and bind the
Philippines, it has to be with the 2/3 votes of the senate.
Case: Akbayan vs Aquino
The treaty negotiations is primarily confidential.
Case: Bayan vs Zamora
In the case of DFA, it is inconsequential whether the US to
treats it as an executive agreement because under the
international law, an executive agreement is as binding as a
treaty.
In the field of negotiation, the senate cannot intrude and
congress is powerless.
REQUIREMENT OF CONCURRENCE
TN of the requirement of concurrence. Only treaty and
international agreement.
Executive agreement, they cannot interfere, that is exclusive
to the president.
TREATY AND INTERNATIONAL AGREEMENT VS EXECUTIVE
AGREEMENT
T/IA:
it is political in nature, it affects the whole country
EA:
it is only providing for details. It is not permanent. It
is for time to time negotiation. So no need to be
concurred by the senate.
Sec 22 & 23
What will happen if the senate will recommence for their

concurrence?
They will renegotiate.
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CONSTITUTIONAL LAW
ACCEPTANCE OF AMBASSADORS, CONSULS, ETC
This is discretionary of the president.
DEPORTATION OF THE ALIENS
Deportation of the aliens is not provided in the constitution
but it is part of its residual power.
CLASSIFICATION AND SALE OF PUBLIC LANDS
The classification of public lands and to sell the same, belongs
to the president.
Only lands that is classified as alienable may be sold. There
must be a law authorizing its sale or alienation.
Case: SRP
They are saying that there has to be with the consent of
congress if that is acquired by the LGU in its proprietary
capacity.
Its not a lot belonging to the Republic of the Philippines.
Because when you sell it, there has to be a declaration that
it is disposable and alienable. It must be with the consent of
congress.
So the president may not covey or sell real property of the
government on her sole will. He must be authorized by law
through congress.
Remember that property in Japan, Repongi property. If it is a
property owned by the state in its sovereign capacity, it has
to be with the consent of congress.
PROVISION OVER LOCAL GOVERNMENTS
We have discussed this already.
Kwin
June 25, 2011

ARTICLE VIII JUDICIAL DEPARTMENT
SEC 1
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.
JUDICIAL POWER
1. settling disputes
2. judicial power of review
We will know what judicial power is. Because in 1987
constitution, there has been an EXPANDED JURISDICTION of
the courts including the lower courts.
Not only that the function is to settle disputes justiciable in
nature, involving rights which are demandable and
enforceable; meaning his rights have been violated and you
are seeking redress in the courts
Because the 1973 Constitution, the definition of Judicial
power is limited only to settling disputes, this time, it
includes the determination whether there has been a grave
abuse of discretion amounting to lack or in excess of
jurisdiction.
This is what we call the JUDICIAL REVIEW POWER OF THE
COURTS, also known as the EXPANDED JURISDICTION OF
THE COURTS or the POWER OF JUDICIAL INQUIRY.
1. SETTLING DISPUTES
TN as regards to the matter of settling disputes, it only
involves justiciable questions, and one is asking for reliefs or
redress of the violation of his rights.
So there has to be an applicable law such as statutes or the
constitution as basis for the settling of disputes.
2. JUDICIAL REVIEW
OTOH, on judicial review, as a GR, laws passed by congress
and policies made by the executive branch cannot be
reviewed by the courts because it might violate the
separation of power.
So on issues of policies and wisdom, TN, that should be
answered by the people on their sovereign capacity which
capacity has been delegated the full discretionary power to
the president who makes the policies or to congress who
makes the rules.
So as a GR, it should not be interfered with OW there may be
a violation of the separation of powers.
Its only when this discretion is abused amounting to lack or
in excess of jurisdiction that the courts may look into in
order to comply with its mandate under the constitution to
make sure that whatever laws that may be passed or
policies of the government may formulate, must be in
accordance of law.
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CONSTITUTIONAL LAW
This is not an assertion of the superiority of the courts, rather
the supremacy of the constitution.
Case: Angara vs Electoral Commission
Because of this requirement, TN as a GR, only JUSTICIABLE
QUESTION right for judicial adjudication, that may be the
subject of the subject of a judicial inquiry as a GR.
However, POLITICAL QUESTIONS may be look into if there is
allegation of abuse of discretion. Only to that extent.
Kwin
REQUISITES FOR JUDICIAL REVIEW ON MOOT AND

ACADEMIC ISSUES
Case: David et al. vs Executive Secretary
The SC proceeded in determining the issue on
constitutionality because the issue raised is of
transcendental importance or on paramount public interest.
SC said, the MOOT AND ACADEMIC PRINCIPLE, it is not a
magical formula that can automatically dismay the courts in
resolving a case.
POLITICAL QUESTIONS
TN on political questions. The court cannot look into them
because its a matter of questions of policies or issues of
wisdom and thus it cannot be looked into as a GR.
Only when there is allegation of abuse of discretion that it
may be looked into by the courts.
Courts will decide cases OW moot and academic if:

1. there is gave violation of the constitution
2. the exceptional character of the situation and the
paramount public interest is involved
3. constitutional issues raised requires formulation of
controlling principles to guide the bench and the bar and the
public
4. the case is capable of repetition yet evading review.
REQUISITES OF JUDICIAL REVIEW

The courts must make sure that the requisites of a judicial
review must be present.
1. actual case or controversy
2. raised by the proper party
3. raised at the earliest opportunity of time
4. lis mota of the case (the main case cannot be decided
without resolving the issue on constitutionality)
IOW there is still a possibility that this may crop up again in

the future. At least there is specific guidelines to judges,
lawyers and public on how to deal with it. In which case,
even if the issue has become moot and academic, the court
may still entertain the question of constitutionality in order
to:
1. provide for guidelines
2. educate the bench and the bar
1. ACTUAL CASE OR CONTROVERSY

If it is an actual case, meaning it must be existing. Ripe for
judicial determination or adjudication.
Meaning, it should not be premature, and it should not be
also moot and academic. And it should not be simply asking
of a hypothetical question or an advisory opinion.
So if it is premature, then the case may be dismissed outright
by the court for there is no conflict yet, no contrariety of
rights involved. Nobody is aggrieved.
DECLARATORY RELIEF
On the matter of declaratory relief, where you have to
declare the rights and obligations of the parties under the
contract; although there is no conflict yet, may the court
review the contract on its validity based on the
constitutional provision or an existing statute? Even if no
rights yet that are involved that are in conflict, but it may
happen that if it is not interpreted, then there may be cases
that would be cases that would be filed in court? Is this
hypothetical or only asking for advisory opinion?
MOOT AND ACADEMIC PRINCIPLE

OTOH, on the MOOTNESS AND ACADEMICNESS of the
issue, TN of the MOOTNESS DOCTRINE.
As a GR when the issue becomes stale, because either it
has already been granted or the matter is academic because
it is overtaken by events.
Example, when somebody was questioning the validity of
the declaration of state of emergency, but later it was lifted,
the issue was raised in the SC. There is no more national
emergency because it was already lifted by the president.
So the issue may become moot and academic already
because it is no longer existing or the case is still pending
before the courts for its determination.
But according to SC, it should not be a mathematical
formula to dismiss the case because it has already become
moot and academic.
Example. A claim by two claimants and there are different

laws as basis. However, there is a question on the
constitutionality of the laws based as basis for the claims
over the deposit.
The bank is not involved in the conflict of these two
claimants. But certainly, if the bank will award any of the
claims of either party, the bank will be sued by either one
who is aggrieved by the decision of the bank.
So the bank has to be sure that if they are going to award
the account to a particular claimant on the basis of a law,
the law that they applied must be constitutional.
Can they go to court and seek the court to decide WON the
law that was used as basis as constitutional?
YES. A PETITION FOR DECLARATORY RELEIF according to SC
is an actual case or controversy.
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CONSTITUTIONAL LAW
Kwin
As a GR, the court will no longer look into the matter if the
issue has become moot and academic unless when the
issues involved the four requisites.
e. voter
-only when it involves:
1. right to vote
2. election laws
2. RAISED BY THE PROPER PARTY

DIRECT INJURY TEST OR PRINCIPLE
What we follow in this jurisdiction is direct injury test or
principle.
One has to be the person who has personal and substantial
interest in the outcome of the case, stands to be injured if
the case is to be decided against him or benefited if decided
in his favor.
TRANSCENDENTAL IMPORTANCE
Is it a necessary requisite before the courts to consider
before it will take cognizance that may be complaint that
may be filed relating to questions of constitutionality of any
law or acts of the president?
NO.
There is a exception to this: when the issue involved is of
transcendental importance or of paramount public interest,
if not constitutional significance, the court may set aside the
requisite of proper party as a mere procedural technicality
and may proceed in assuming jurisdiction and take
cognizance over the petition only to resolve that issue.
In many cases, even if the party concerning may not be
directly affected by it, but it is not pervasive, if it is not
resolved, the court may still look into the matter.
Again, you go into the transcendental importance in the
matter of determining whether a person is a proper party.
PROPER PARTY
A PROPER PARTY is one who has sustained injury or is
imminent danger of sustaining injury.
Therefore, injury could either be actual or potential.
Specifically, who are considered proper party to question
the validity of the law?
a. ordinary citizen
-if he is injured by the application of the law complained
of
b. taxpayer
-if the law :
1. involves disbursement of pubic funds contrary to law
2. is anomalous
3. involves imposition of tax that is unreasonable or
excessive
c. congress
-if it encroaches with the legislative imperatives
-ex. Senate vs Ermita as regards to EO 464
d. minor children
-Case: Oposa vs Factoram
The right is potential only. Because it is imminent that
if there will be no regulation in the grant of logging
concession, eventually you will be destroying the land
and forest. So what patrimony will these children inherit
if they are all destroyed?
So they are considered proper party under the
PRINCIPLE OF INTEGENARTIONAL RESPONSIBILITY to
preserve our timberland because of the public right of
the people to a healthful and balanced ecology.
Case: Kilosbayan vs Ermita

The SC took cognizance over the petition of Kilosbayan
questioning the qualifications of the appointment of the
justice in SC.
They wanted to stop the issuance of the appointment of
Ong of the Sandigan Bayan to SC because they suspected he
is not a natural born citizen.
Sandigan Bayan, in the event that he is disqualifies cannot
assume his appointment. In civil law, they cannot be the
proper party.
Sc said, considering that the matter involves a
constitutional significance, SC nonetheless may look into the
matter.
So this case is a matter of primordial importance according
to the SC because it involves compliance to the
constitutional mandate, specially on the qualification of the
member of SC where its importance is utmost and far
reaching, particularly qualification, without the citizenship of
the person to be appointed to be a member of this court.
-Case: del Pilaan vs Ramos

As to the extent of this right, this is not the actionable
right in civil law. A case may be dismissed for lack of
cause of action, because the person who filed the case
has no actionable right.
That is not the kind of actionable right that has been
referred to here as the proper party. It only refers to
LOCUS STANDI that may affect public right.
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Page 86
CONSTITUTIONAL LAW
3. RAISED AT THE EARLIEST OPPORTUNITY OF TIME
If it is not stated in the pleadings, at least during the trial, one
cannot be able to raise the issue on constitutionality for the
first time on appeal.
EXCEPTIONS
TN of the exceptions where it can be raised even for the first
time on appeal:
a. in a criminal case, when it involves constitutionality of a
law as basis in the conviction of the accused
b. when the issue is jurisdiction
-because the proceedings is void, judgment is void as
well
c. in civil cases, only when it is unavoidable that they have
first to resolve the issue on constitutionality before they
resolving the main case itself to grant or deny the releifs of
court.
4. LIS MOTA OF THE CASE
(the main case cannot be decided without resolving the issue
on constitutionality)
Meaning if there are other ways to resolve the case without
touching the constitutionality of the law, then the courts
should avail of the other grounds to not violate separation
of powers, and thereby accord respect to co-equal branches
of government such that of congress or president.
It is only when it is unavoidable that first, it has to resolve the
constitutionality of the law in question before the courts can
resolve the issue.
So grounds like:
a. lack of jurisdiction
b. issue of estoppel
c. lack of prerequisites
So the case can be disposed of by those grounds.
Kwin
EFFECTS
WHEN
COURT
DECLARES
A
LAW
UNCONSTITUTIONAL
The thing that you should TN is the consequences or the
effect when the courts exercises the power and declares the
law as unconstitutional.
1. traditional view
2. modern view
In this jurisdiction, we follow the modern view.
1. TRADITIONAL VIEW
It is void from the very conception of the law. It is as if the
law never existed.
It confers no rights, it poses no obligations, t creates no
office and it affords no protection. It will be as if that law has
never been passed.
2. MODERN VIEW
OPERATIVE FACT DOCTRINE
What happens to the consequences when the law was still
applied for?
It was not declared as unconstitutional, or still considered
as valid?
This is what we call the OPERATIVE FACT DOCTRINE.
You cannot simply ignore that once upon a time, that law
existed and has created certain rights, imposes certain
obligations; and this cannot be ignored because you might
prejudice substantial rights.
So then how do you treat the law that has been declared as
unconstitutional?
In modern view, they are only considered as voidable; valid
until, they are declared a nullity.
Therefore, before declared a nullity, you have to recognize
the operative fact as to its existence before it is declared a
nullity, the consequences and the effects of that law.
If it has created rights, then these rights must be respected.
Case: Agbayani vs PNP
Case: Flores
In this jurisdiction, until it is declared as a nullity, it is
applied and we have to respect the consequences and the
effects of that law.
But the moment it is declared unconstitutional, there will
be no compromise. It imposes no obligations, confers no
rights, affords no protection, creates no office. It is as if it
was never passed since the time it was declared a nullity.
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CONSTITUTIONAL LAW
LOWER COURTS VESTED JUDICIAL REVIEW POWER
This judicial review power is not exclusive to the SC.
This is also exercised by the lower courts.
What are these courts vested with judicial review power?
1. SC and
2. such other courts that are created by statutes:
a. intermediate appellate courts
1. court of appeals
2. sandigan bayan
3. court of tax appeals
b. lower courts
1. first level RTC
2. second level MTC
They exercise judicial review because in sec 1, it says judicial
power is vested in SC and such other courts established by
law.
So when judicial power is defined as not just settling disputes
but as well as determining abuse of discretion, then it is
understood that the power is likewise by the lower courts.
You also have the provisions of sec 5 art 8, under the
appellate jurisdiction of SC what will the SC review on the
constitutionality if in the first place the lower courts do not
exercise judicial review.
So you have:
1. sec 1, art 8
2. sec 5, art 8
JUDGMENT OF LOWER COURTS BINDS PARTIES OF THE CASE
ONLY
The only difference is that the declaration of nullity by
lower courts may not be final or binding. Because even if the
order is already final, it is not jurisprudential. It cannot be
used to guide the judges and the lawyers as well as the
public as to the constitutionality of the law.
It is when only it is declared with finality by SC that the
issue on constitutionality is resolved or settled.
So even if RTC declares an ordinance unconstitutional, and
even if the judgment becomes final, that cannot be used as
basis no to apply anymore the ordinance because that binds
only the parties with respect to that case
It may be repeated. And then finally it reaches the SC. Only
the SC can say with finality WON the ordinance or any law
for that matter is in consonance with the constitution.
Kwin
GUARANTIES OF THE INDEPENDENCE OF SC

What are the guaranties of the independence of SC? What
are the factors that safeguard the independence of the
judiciary particularly of SC?
1. SC is a constitutional court
It cannot be abolished by congress. Even if congress and
the president dislikes the chief justice of the SC, they
cannot conspire in order to abolish the SC because it
created by the constitution and they can only be abolished
by the constitution.
2. the justices of SC are removable only through impeachment
You cannot sue them for civil cases, for damages in
criminal cases, for offense. Relatively they have some kind
of immunity.
The cannot be charged for disbarment. Because this will
circumvent the law on their removal.
If they are not impeached, for how long will they stay in
the judiciary? All judges and justices of the SC stay in office
until they reach the age of 70, unless they are dismissed
from the service if they become insane or permanently
disabled or have resigned.
The mandatory retirement age for civil service is 65. But
the justices and judges of the courts are given the option to
retire at 60 for as long as they have been in service for 15
years and 5 years in the judiciary.
And when they retire they continue to receive the last
salary they have received including allowances.
And if they die, the spouses will receive the salaries of
the judges.
3. purely judicial function
They are prohibited from exercising quasi judicial or
administrative functions.
There are exceptions to this:
a. some members of SC are also members of the electoral
tribunal (quasi judicial)
b. chief justice of SC chairs the JBC (administrative)
But as a GR, to avoid violation of separation of powers or
encroaching into each others powers, thats the
prohibition against
The appointment for example of a justice of the SC to
become a cabinet secretary to advice the president on
judicial matters, that is prohibited.
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CONSTITUTIONAL LAW
4. appointment of personnel is vested in the SC
a. appointed by SC
The personnel of the courts from the janitor to the clerks
of courts except the judges are appointed by the SC en
banc in accordance with the civil service law.
Can they be dismissed by the president? NO.
Can they be disciplined by the ombudsman? NO.
This is exclusive to the SC to maintain independence of
the SC.
If you have any complaints against the court personnel or
judge or justice, you do not file it with the office of the
president or with the office of the ombudsman. You file it
directly with the SC.
Because in the manner of disciplining court personnel
and judges, that is exclusive to the SC.
b. not subject to the confirmation of the CoA
Another point on respect to the guaranty of its
independence, this is with respect to their appointments.
They are not subject to the confirmation of the CoA.
However, they are screened by the JBC and the
appointment by the president is limited only by the list
submitted by the JBC. And for every vacancy, there should
be at least 3 nominees.
However the president, although appoints the judges
and justices, cannot remove them from office. Judges can
only be removed by SC. Justices of the SC can be removed
only through impeachment.
Kwin
7. rules on pleadings and procedure in court

How about the lower courts? Who determines the
jurisdiction of the lower courts?
They are created by law.
But TN, under the rules of court, their jurisdiction, under
sec 15, on the rule making power of SC, who promulgates
rules governing pleading and procedure in courts which
must be uniform?
Exclusive to the SC.
So they can only be the one to amend the rules of court.
8. detaining judges
In the matter of detaining judges temporarily, who does
that? Only the SC.
QUALIFICATIONS OF MEMBERS OF SC (JUSTICES)

1. at least 40 years old
2. with experience in the practice of law or as judge for 15
years
4. proven competence, integrity, probity and independence
5. fiscal autonomy - budget of SC

With respect to their budget, even if congress dislikes the
SC, they cannot decrease the budget of SC, OW, it is
unconstitutional. Automatically, the last budget of the SC
will be revived without deduction.
The issue on the budget of the SC on this year is not the
reduction of the budget but on the proposed increase that
was reduced, from 2b to 800m.
The point here is, they have fiscal autonomy. Their
budget cannot be reduced.
6. increase of appellate jurisdiction
Jurisdiction of SC is both original and appellate. They are
provided in the constitution.
Can the original jurisdiction provided by constitution be
reduced by SC by legislation? NO.
Can the original jurisdiction provided by constitution be
increased by SC by legislation? YES.
They cannot divest but can be increased, even without
the consent of SC.
Increase by of the appellate jurisdiction, can that be
done? NO. if it is without advise or concurrence by SC.
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CONSTITUTIONAL LAW
June 27, 2011
JUDICIAL POWER
What we were discussing was the extent of the judicial power
of the courts particularly of the SC.
We have discussed the nature of judicial power and the
extent of judicial review as well as on the effects of
declaration of nullity.
JUDICIAL INDEPENDENCE
We also explained the safeguards of judicial independence.
APPOINTMENT OF COURT PERSONNEL
As part of the guaranty of the independence of the courts,
the matter of appointment of personnel from the court to a
clerk of court or even higher position than that except for
judges of the lower courts, such power is vested in SC,
subject to the rules of the civil service law.
DISCIPLINING COURT PERSONNEL
So in the matter of dismissal from the service, that is also
exclusive to the SC considering that the matter of
disciplining court personnel and judges is within the power
of SC under the exclusive supervision of the SC over courts
and court personnel.
SC EN BANC
In this connection, TN, while the judges are appointed by the
president, they can only be disciplined by the SC sitting en
banc. So that if there are complaints filed against judges and
court personnel, TN that insofar as administrative
complaints is concerned, that is exclusive of the SC.
REQUIREMENT OF FILING CRIMINAL CASE IN OFFICE OF
OMBUDSMAN AGAINST COURT PERSONNEL
Should you file a case in the office of the ombudsman, with
respect to the criminal aspect of the compliant;
Case: Maceda vs Ombudsman
SC has emphasized that still, it should be first referred to
the office of the SC to take cognizance over the complaint.
and only when the SC makes a recommendation of an
indictment, the conduct of the preliminary investigation, the
criminal aspect that the ombudsman may take over the
investigation.
Kwin
JURISDICTION
LOWER COURTS
Insofar as jurisdiction of the lower courts, these are
determined by congress. You have the rules of court
governing jurisdiction of the rules of court, which rules of
court are subject to changes or amendments by the SC as
part of its rule making power, or promulgating rules
governing procedure and pleadings.
SUPREME COURT
Insofar as the SC OTOH, we have provisions in the
constitution defining its original as well as appellate
jurisdiction.
ORIGINAL JURISDICTION OF SC
1. cases against foreign ambassadors stationed in the
Philippines and consuls and other public ministers
-concurrent with CA and RTC
2. petitions for certiorari, mandamus, prohibition, quo
warranto and habeas corpus
CANNOT BE REDUCED
The original jurisdiction of the SC cannot be reduced. SC
cannot be divested of that jurisdiction.
CAN BE INCREASED
Can it be increased without the consent or the concurrence
of the SC?
YES.
APPELLATE JURISDICTION OF SC
Basically you have two:
1. petition for review
2. petition for certiorari
What are the cases that are heard by the SC in its appellate
jurisdiction?
1. all cases involving the constitutionality of treaty,
international agreement or executive agreement or law
2. constitutionality insofar as application or operation of
presidential decrees, proclamations, orders, instructions,
ordinances and other regulations
3. tax imposts, assessment or any other penalties imposed in
relation thereto
4. all cases in which the jurisdiction of any lower court is an
issue
5. criminal cases where the penalty imposed is reclusion
perpetua or higher
6. cases where only errors or questions of law are involved
CANNOT BE REDUCED
Can they be increased or reduced? Can SC be divested of its
appellate jurisdiction?
NO. It is part of the guaranty of his independence.
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CONSTITUTIONAL LAW
GR: CANNOT BE INCREASED
Can it be increased?
NO. If it is without the advise or the concurrence of the SC.
Case: Fabian vs Disierto
With respect to RA 6770 when the law provides that the
decisions of the ombudsman in the criminal cases are
reviewable only by the SC; on purely questions of law or
abuse of discretion amounting to lack or in excess of
jurisdiction.
SC said, that law increasing the appellate jurisdiction of the
had no prior concurrence or advise of the SC and thus the
provision was declared unconstitutional.
TEMPORARY ASSIGNMENT OF LOWER COURT JUDGES TO

OTHER STATION
It need not be with the consent of the judge if the assignment
is less than six months.
However, if it is more than 6 months, it should be with the
consent of the judge concerned.
CHANGE OF VENUE OR PLACE OF TRIAL TO AVOID THE
MISCARRIAGE OF JUSTICE
Case: People vs Sola
Then the change of venue or place of trial to avoid the
miscarriage of justice, TN in case of doubt whether it can be
changed, it has to be resolved in favor of the change of
venue in order to prevent the miscarriage of justice.
POWER OF PROMULGATING RULES
This is very important.
SUBJECT MATTERS WHICH CAN BE BASIS FOR
PROMULGATING RULES
Insofar as the procedural rule making power, sec 15, TN of
the subject matters that could be the basis of the
promulgation of rules:
1. protection and enforcement of constitutional rights
2. rules governing pleading, practice and procedure of all
courts
3. addition to the practice of law
4. rules governing the integrated bar of the Philippines
5. rules governing the legal assistance of the under
privileged
WRITS ISSUED BY SC IN CONNECTION WITH RULE MAKING
POWER
In connection to this, TN of the writs that have been issued
and justified by the rule making power of the SC
1. writ of habeas data
2. writ of amparo
3. writ of kalikasan
Insofar as their issuances, they are justified under the rule
making power of the SC.
Kwin
Does this mean that insofar as amending the rules of the SC,
that is exclusive to SC to do so?
While it is true that insofar as the power to amend the
rules is vested in the SC under its rule making power,
however you take note of the case of:
Case: Gingoon vs Republic
Where the law was passed that determines just
compensation in expropriation cases involving national
infrastructures which in effect amended the rules of court
on the matter of determination of just compensation.
Because while rule 67 of the rules of court provides that all
that is needed for the writ of possession to be issued is 10%
of the estimated value based on assessed value of the
municipal assessor, TN that on RA 8974 on national
infrastructure, just compensation in expropriation cases
where SC said that that will not preclude however the power
of congress to pass any law including amending the rules of
court considering that the legislative power vested in
congress is plenary.
SC said congress has the plenary legislative power. The
silence of the constitution, the subject can only be
interpreted as meaning there is no intention to diminish that
plenary power.
RA 8974, which require full payment before the state may
exercise proprietary rights, contrary to rule 67 which require
only a deposit was recognized by the SC.
AUTOMATIC APPEAL TO SC NOW PASS TO CA
On the matter on appeals on judgment of conviction where
the penalty is reclusion perpetua supposedly it is only
exclusive to SC where you file an appeal by filing a notice of
appeal because it is not automatic.
It is only when the penalty is death when appeal is automatic
even if accused does not file a notice of appeal.
TN that under the new rules of the office of the SC, as it was
enunciated n the case of People vs Mateo, the appeal
should first pass to the CA before it goes to the SC.
Case: People vs Mateo
The SC said, the fundamental law requires mandatory review
by SC of cases where the penalty perpetua, life
imprisonment or death, nowhere has it been prohibited an
intermediate review.
SC deems it wise and compelling to provide in these cases a
review by the CA before the case is elevated in the CA.
Justification. Procedural first and foremost falls more
squarely within the rules making prerogative of the SC than
the law making power of congress.
The rule allowing the CA, a subordinate appellate court
before the case is elevated to the SC for automatic review is
such a procedural matter.
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Page 91
CONSTITUTIONAL LAW
LIMITATIONS ON RULE MAKING POWER OF SC
TN on the limitation of the rule making power of SC, it should
be:
1. simplified and inexpensive procedure for the speedy
disposition of cases
2. uniform for all courts of the same grade
3. not diminish, increase or modify substantive rights
(rearranged)
VOTES
How many votes is required to arrive at a decision OW the
appeal is dismissed?
Kwin
CASES TO BE DECIDED EN BANC

What are the cases to be decided by SC sitting en banc and in
division?
As a GR, because there are many cases appealed to the SC,
they decide cases in division of 3,5 and 7.
These are the cases that are not covered by cases to be
heard only by SC en banc.
So better if you can memorize the cases that must be heard
en banc, like:
1. all cases involving constitutionality of treaty, international
agreement, executive agreement or law
2. all cases to be heard en banc under the rules of court
If it is a division of 7, how many votes are needed?

At least 4.
If there is 6?
At least 4.
If there are 5?
At least 3.
If there are 4?
At least 3.
If there are 3?
There is no more quorum.
At least 3.
If there are 4?
At least 3.
If there are 3?
A unanimous 3.
A unanimous 3.
IOW it will be not less than 3 in all divisions.
If it is not obtained, then in which case, it will be held by SC
sitting en banc.
3. appeals from Sandiganbayan & Constitutional Commission

The SB is directly to the SC because it is co-equal to CA.
Insofar as Civil Service Commission, TN it must first pass
through the CA, by the circular of the SC before it goes to
mandatory review of SC.
Insofar as Comelec, only decisions of Comelec en banc
can appealed to the SC. Thus as a condition precedent to
an appeal to be taken cognizance by the SC on decisions of
the Comelec, a motion for reconsideration must be first
filed or resolved by the Comelec en banc.
Insofar as COA, it is directly appealable to SC purely on
questions of law or on allegations of abuse of discretion
amounting to lack or in excess of jurisdiction. IOW only
through a petition for certiorari.
4. cases involving the constitutionality of application or
operation of PDs, proclamation, orders, instructions,
ordinances and other regulations.
5. cases where SC modifies or reverses a doctrine or a
principle laid down by SC either sitting en banc or in division.
That can only be done by SC sitting en banc.
If there is already a principle established in the case by
the SC sitting in division; if you are to reverse that decision,
you file a motion for reconsideration in the SC sitting en
banc because only SC en banc can reverse a decision that
establish the principle either by SC sitting en banc or in
division.
6. administrative cases to discipline or dismiss judges of
lower courts
7. election contest for the president and VP
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CONSTITUTIONAL LAW
DECISION OF SC
PERIOD
The requirement is, court should decide cases for a period of:
1. SC:
24 months
2. IAC:
12 months
3. lower courts: 3 months
BOTH MANDATORY AND DIRECTORY
All from the time the case is deemed submitted for decision
or resolution.
TN that in the requirement, is it mandatory is directory?
It is DIRECTORY because even if judgment is rendered after
the prescribed period, judgment is still valid.
It is MANDATORY in a sense, specially for lower courts
because if they fail to comply or follow the prescribed
period, that would be subject to a disciplinary action against
a judge.
AS TO FORM AND MANNER
TN of the requirement, under sec 14, it must state the past
and applicable law and jurisprudence.
Kwin
MEMORANDUM DECISION
On memorandum decision, is that acceptable?
Case: Oil and National Gas Commission
SC said, sec 14 does not preclude the validity of
memorandum decision where the SC makes only a referral
of the decision already made by the lower court which the
by the reference, the findings of facts and conclusions of law
contained in the decisions of inferior tribunal.
It is intended to avoid cumbersome reproduction of the
decision or portions of the lower court.
Also you must learn the definition of the term:
Obiter dictum
Pro hac vice
PRO HAC VICE
This was used in the case of Ampatuan as regards to the
matter of having the proceedings of the case broadcast.
It is only applicable with respect to this case and may not be
used as a precedent. Thats a pro hac vice decision.
EXCEPTIONS
What is important in sec 14 are the exceptions. Insofar the SC
dismissing a petition for review or certiorari by the mere
statement for lack of merit, the decision is dismissed. Does
this violate section 14?
TN of the following cases:
Case: Comacho vs CA
Case: German Machineries Inc. vs Indaya
Case: Solid Homes vs Lacerna
Case: Aregado vs Yama
Where the SC stressed that SC has discretion to decide
whether a minute resolution should be used in lieu of a full
blown decision in any particular case.
Further, SC explained that the grant of due course to a
petition for review is not a matter of right but of some
judicial discretion.
While if forced to find any reversible error committed by CA,
there is no need to fully explain the courts denial as it
means that means that the SC agrees with or adopts the
findings and conclusions of the CA.
There is no point in reproducing or restating in the resolution
of the denial the conclusions of the appellate court affirmed.
The constitutional requirement of sec 14 art 8 of a clear
presentation of facts and laws applies to decisions where
the petition is given due course but not where the petition is
denied due course with the resolution stating the legal basis
for the dismissal.
IOW if the SC denies a petition for review, the SC need not
explain that.
But the moment the SC gives due course to the petition, even
if the SC ultimately will dismiss the petition, still SC has to
comply with sec 14.
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CONSTITUTIONAL LAW
CONSTITUTIONAL PROVISIONS
COMMON PROVISIONS
CONSTITUTIONAL COMMISSIONS
Civil Service Commission is the central personnel agency.
COMELEC will guaranty a clean and honest and orderly
election.
COA is the watchdog of Philippine funds and expenditure.
SAFEGUARDS TO GUARRANTY INDEPENDENCE
What are the safeguards that guaranty the independence of
these constitutional commissions?
1. they are created by the constitution and therefore, they
cannot be amended abolished by statute
Each is expressly described as an independent body. It is
conferred with powers and functions which cannot be
reduced by statutes.
2. members and chairman are removable only through
impeachment
3. term of office is 7 years
4. they cannot be appointed in acting capacity, permanent
appointment, including ad interim appointment
5. salaries cannot be increased during the continuance of
office
6. enjoy fiscal autonomy
7. may promulgate own rules
PVDD that they will not diminish, increase or modify
substantive rights.
8. appointment of own personnel
In accordance with the Civil Service law.
In the disqualification of Constitutional Commissioners,
the thing that you should TN is the matter that they should
not be a candidate of election immediately preceding the
appointment. (!!!!!)
SALARIES
PROCEDURE
QUALIFICATION
PROCEDURE RELATING TO APPEALS
Kwin
CIVIL SERVICE COMMISSION

SCOPE
Memorize the scope of civil service.
branches
subdivisions
instrumentalities
agencies of the Government
GOCCs with original charters
GOCCs created by special laws
GOCCS
Those that are created with the original charters, they are
governed by law.
As to ordinary GOCC, they are governed by the corporation
code. And in which case, they are not within the jurisdiction
of the Civil service law
Only those created by special law and those with original
charters are under the CS.
INSTRUMENTALITY VS AGENCY
Case: Liberisa vs IAC
SC said, AGENCY of the government refers to the various
units of the government, including a department, bureau,
office, instrumentality of government, GOCC, local
government or any distinct unit therein, usually exercising
governmental functions.
INSTRUMENTALITY refers to agency of the national
government not integrated with the department framework
vested with special functions or jurisdiction by law, with
some if not all corporate powers administering special funds
and enjoying operational autonomy, usually through a
charter. This includes regulatory agencies, institutes of the
government or controlled corporation.
WATER DISTRICTS
How about water districts? Are they under CS?
YES. If one is employed under the GOCC whether a regular
or not, the CS law applies. It is not true either with respect
to money claims that labor code applies.
So TN that insofar as the water districts, they are under the
CS.
They are governed with an original charters.
STATE UNIVERSITIES
How about the state universities? Are they under the civil
service? So that if there is any complaint, you should file it
with the civil service or the board of trustees that elected
the president of a state university or college?
Case: CSC vs Sohor, May 22, 2008
SC said that a state university with a fixed term of office
appointed by the governing board of trustees of the
university is non carrier civil service officer.?
Appointed by the chairman and members of the governing
board of CVPC, it is a non carrier under the jurisdiction of
the civl service commission.
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CONSTITUTIONAL LAW
Because state universities are governed by special laws or
chartered by special laws.
The president is non carrier within the jurisdiction o f the
civil service.
CLASSIFICATIONS OF THE POSITION OF THE CIVL SERVICE
1. carrier
2. non carrier
C: is based on competitive examination.
eligibility based on examinations.
there are qualifications prescribed by law.
NC: is usually entrance based on other than the usual test of
merit and fitness
-could be by election
C: enjoys security of tenure
NC: could be limited by the term prescribed by law
could be coterminous to the appointing authority
could be limited to the duration of the project for which
he is employed or appointed to
C: with opportunity of advancement
NC: no opportunity of advancement
no promotion
SECURITY OF TENURE
Who enjoys the security of tenure assuming that he is a
carrier? Especially for the requirement of executive civil
service eligibility that is now an issue
Remember that after the change of administration, some
directors are to be replaced? Although they are civil service
eligible but it is not eligibility that is required of the position.
What is the requirement of an executive position?
You have to have an executive civil service eligibility like
CESO Carrier Executive Eligibility.
OW even if you are a first grade professional, civil service
eligibility holder, that is not the kind of eligibility that is
required of the position, you can still be removed. You dont
enjoy the security of tenure.
Let me explain the extent of the enjoyment of security of
tenure. You have to have not only the prescribed
qualification but as well as the required eligibility.
For a regional director for example, what are the
requirements of a bureau?
Of course the qualifications needed for the position as
required by law and secondly, the requisite eligibility for that
position.
Meaning, even if you have the qualifications, like for
example, relating to the requirement that in order to
acquire the position, you have to be an engineer. And you
have to be a CES holder, Executive Eligibility.
Even if you are an engineer but you dont have the
eligibility, you dont enjoy security of tenure. You can be
Kwin
transferred any where else.

Even if you have the civil service eligibility however not the
required civil service eligibility, then you are disqualified.
Or even if you have CESO, however you do not have the
qualification, you still do not enjoy security of tenure.
So that explains why many directors who have been
holding the position for several years already,
professionalized the position, they are still transferred or
removed from office because these two must concur; the
required qualification and the eligibility.
Failure to apply for this requirement, one does not
guaranty a security of tenure.
But if you are a CESO, what will happen here? In case you
do not have the qualifications?
You may not get the position like for example, the
position requires that you have to be a doctor. However you
are only a nurse, but you have the eligibility of a CESO, do
you enjoy security of tenure to the position?
NO. Because of the lack of qualification.
However your salary is not be diminished because you are
a CESO. You dont enjoy security of tenure to the position.
To give you concrete cases relating to this, I want you to
read the following cases:
Case: Alsocoso vs Macaraig
SC said, permanent appointment can be issued only to a
person who makes all the requirements for the position to
which he is being appointed including the appropriate
eligibility prescribed.
The mere fact that position belongs to a carrier does not
automatically confer security of tenure on its occupant even
if it does not possess the required qualifications such right
will have to depend on the nature of appointment which in
turn depends on its eligibility or lack of it.
What if for example, you are permanent appointee. You
accepted an appointment that is CO-TERMINUS WITH THE
APPOINTING AUTHORITY because the salary is higher. Do
you enjoy security of tenure?
NO. The moment you accept an appointment that is coterminus to the appointing authority, you waive your right
against security of tenure.
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CONSTITUTIONAL LAW
Kwin
Of course those CONFIDENTIAL POSITION do not enjoy

security of tenure.
So then you have to know what are considered as
confidential positions?
These are primarily confidential.
Case: Monticillo vs CSC
SC said that the CS is expressly empowered by the
Administrative Code of 1987 to declare positions of CS
primarily confidential, on 2 instances:
1. president declares the position as primarily confidential
upon recommendation of CSC
2. whether the nature of function exists close intimacy
between the appointee and the appointing authority which
ensures freedom of intercourse without embarrassment or
freedom from misgiving or los of personal trust or
confidential matters.
SUSPENSION OF AN EMPLOYEE
1. preventive suspension
2. penalty
How about a pre legal officer? Is that primarily

confidential?
YES.
In SUSPENSION, is he titled to the payment of backwages

when he is illegally dismissed?
Case: Castillo vs CSC
When the employee is illegally dismissed and his
reinstatement is through order of the court, for all intents
and purposes, he is considered as not having left his office,
notwithstanding the silence of his decision, he is entitled the
payment of backwages.
How about a Casino Operations Manager?

Not confidential.
REMOVAL OF TEMPORARY EMPLOYEE

Can you remove a temporary employee anytime?
YES. With or without cause.
But for those who enjoy security of tenure, they can only
be removed for just or legal cause provided by law.
But if your appointment is temporary, there is no such
expectations because they do not enjoy security of tenure.
NEXT IN RANK RULE

The appointing authority is not bound by the next in rank
rule. Still he is given a wide latitude in the choice of
appointee.
KINDS OF POSITIONS
There are positions like
1. competitive positions
2. non competitive positions
a. policy determining
b. confidential
c. highly technical
REINSTATEMENT AND BACK SALARY

Is he entitled to reinstatement and back salary if exonerated?
In PREVENTIVE SUSPENSION, it is the temporary removal of
an employee in an office while a case filed against him is
pending. In the event the case is dismissed, is he entitled to
backwages? If he is exonerated and reinstated to office?
The rule is, NO WORK, NO PAY. If he did not render service,
it is not automatic that he will be entitled to back wages
unless:
a. if there is a finding of abuse of discretion on the part of
the disciplining committee, or
b. if there is an order for the payment of backwages
Case: BOTC vs Cruz

SC follows as precedent that BOTC did not effect Cruzs
termination with bad faith. And consequently, no back
wages can be awarded in his favor.
So only when there is a finding of abuse of discretion or
bad faith on the part of the authority that he be entitled to
the payment of backwages.
If the public official is ALREADY RETIRED, is he entitled to
backwages and his retirement benefits?
Case: David vs Ganas
SC said, the CS officer has been found illegally dismissed or
suspended is entitled to be reinstated and to backwages and
other monetary benefits from the time of his illegal dismissal
or suspension and up to his reinstatement.
And if at the time the decision of exoneration is
promulgated, he is already of retirement age, he shall be
entitled nit only to back wages but also to full retirement
benefits.
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CONSTITUTIONAL LAW
DOUBLE COMPENSATION
This is prohibited.
How about if he is retired and received pension and he is
reemployed, will that be considered as double
compensation?
Case: Santos vs CA
The rule on double compensation is not applicable to
pension. A retiree receiving the pension of gratuity after
retirement can continue to receive such pension or gratuity
if he accepts another government position to which another
compensation is attached.
TERMINATION OF SERVICE WITH THE GOVERNMENT

You have the Law on Public Officers.
As regards the form of resignation, it is not required that it is
formal. But for purposes of avoiding any liability, the
resignation has to accepted by the appointing authority.
POWERS EXERCISED
CSC exercises administrative function. But it also exercises
quasi legislative and quasi judicial functions subject to
review by the SC, however it must pass through the
intermediate review.
APPEAL BY CSC TO SC
Can CS appeal the decisions of CA? Can it be an appellant of a
CS case? Like for example, in case of Dacoycoy where CSC
rendered a decision against a CS employee and he was
dismissed from employment because of nepotism. Of course
the employee appealed eh decision of the CSC to CA. Then
CA reversed the CSC. Can CSC can appeal the decision of CA
to SC?
Yes. Because in that case the CSC was the aggrieved party.
Appeal now lies from a decision exonerating CS employee of
administrative charges.
MAY ISSUE WRITS
Can CS issue a writ of execution in order to implement its
own judgment?
YES. It is part of its quasi judicial function.
Kwin
COMMISSION ON ELECTION
APPOINTMENT OF THE COMMISSIONERS
PERMANENT, NOT SUBJECT TO REAPPOINTMENT
Just like the rest of the officers of the constitutional
commission, appointment must be permanent and not
subject to reappointment.
SUBJECT TO CONFIRMATION BY CoA
The appointment is subject to confirmation by the CoA.
When you say not subject to reappointment, that affects
only to regular appointments which had been confirmed by
CoA. (Matibag vs Benipayo)
ISSUANCE OF WRITS IN AID OF ITS APPELLATE JURISDICTION

As part of its quasi judicial function, COMELEC can issue
1. Certiorari
2. Prohibition
3. Mandamus
But only in aid of its appellate jurisdiction
CONTEMPT POWERS IN ADMINISTRATIVE AND QUASI
JUDICIAL FUNCTIONS
Do they exercise contempt powers?
Yes. But only in exercise of administrative functions.
Case: Bidol vs Comelec, Dec 3, 2009
Bidol said he lost the election returns in the Maguindanao
elections. Zubirri was elected as senator as a result.
Bdol was cited for contempt because he did not appear
anymore and did not bring the other election paraphernalia.
He then appealed the contempt order to the SC saying that
the order was issued by the Comelec in the exercise of its
administrative function and therefore, the Comelec has no
authority to cite him for contempt. It was not in the exercise
of its quasi judicial function.
Let me clarify. On the Commission of Human Rights, as you
can recall, it has no contempt power neither the power to
issue restraining powers because it is merely an
investigating body except when it is exercising
administrative function.
Insofar as the Comelec OTOH, the contempt power is
execised by the Comelec is the exercise of its quasi judicial
function, not administrative.
So here, SC sustained the Comelec. Because according to SC,
when that order was issued by the Comelec, there was an
investigation conducted on Bidol as regards to those
election returns.
In connection to the investigation, Bidol was ordered to
produce all the necessary election returns and the
certificates of canvass which however he failed to do so. And
thus the contempt.
So it was not purely an administrative function of the
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CONSTITUTIONAL LAW
Comelec when he was ordered but in connection with the
case that was investigated by the Comelec.
Therefore, the citation of contempt of Bidol was in
accordance with law.
As far as its quasi judicial function, the Comelec can cite for
contempt.
CANNOT CALL FOR ELECTIONS

Can Comelec call for elections?
Case: Sema vs Comelec.
NO. That is an exclusive power of congress.
JURISDICTION OVER CONFLICTS OF POLITICAL PARTIES

Can the Comelec assume jurisdiction over conflicts of political
parties?
Case: LBP vs Comelec
Case: LBP vs Atienza
On the conflict of leadership in the political party, WON
Gibon or Atienza is the President of LBP. Comelec assumed
jurisdiction over that conflict.
TN While the QUESTION OF PARTY LEADERSHIP has
implication on the Comelecs performance of its functions,
Comelec has jurisdiction to decide questions of leadership
within a party and to ascertain its legitimate officers and
leaders. The Comelec is endowed with ample, well defined
and considerable latitude in adapting the means and
methods that would ensure the accomplishment of the
objectives of which it was created.
But if it goes to the EXPULSION of a leader of a political

party or a member from a political party, does the Comelec
have jurisdiction over that dispute?
Case: Atienza vs Comelec, Feb 16, 2010
This is on the expulsion of Atienza from LBP.
TN SC said, while on the question of party leadership has
implications on the Comelecs performance of its functions
under sec 2 art 9 par c of the Constitution, the same cannot
be said of the issue pertaining to Atienzas expulsion from
the LC.
Such expulsion is for the moment an issue of party
membership and discipline in which the Comelec cannot
interfere given the limited scope of its power over political
parties.
Kwin
PROMULGATION OF RULES IN THE CONDUCT OF ELECTION

The promulgation of rules in the conduct of election is within
the powers of the Comelec.
Case: Limkaichong vs Comelec
The resolution issued by the Comelec, where the Comelec
declares that notwithstanding the pendency of the
disqualification case against the candidate, if elected, he
should be proclaimed without prejudice to the continuation
of the proceedings in the proper forum.
In this case, resolution number 8062, according to SC is a
valid exercise of Comelecs constitutionally mandated power
to promulgate its own rules or procedure relative to the
conduct of elections.
In adopting such policy guidelines for the May 14, 2007
National and Local Elections, the Comelec had in mind the
objective of upholding the sovereign will of the people and
in the interest of justice and fair play according to these
candidates whose disqualification cases are still pending at
the time of election; should they obtain the highest number
of votes from the electorate should be proclaimed. But their
proclamation should be without prejudice to the
continuation of the hearing and the resolution of the
involved cases.
CONDUCT OF PLEBISCITE AND DETERMINATION OF RESULT
How about conduct of plebiscite and determination of result?
Is it with the Comelec or the courts?
Case: Cayetano vs Comelec
The conduct of plebiscite and determination of results shall
be the business of the Comelec, not the regular courts.
The independent constitutional body exclusively charged
with the power of enforcement and administration of laws
and regulation relative to the conduct of election, plebiscite,
initiative, referendum and recall; the Comelec has the
indisputable expertise of election and related laws.
It has therefore enjoyed the presumption of regularity in
the performance of its duties.
NO JURISDICTION OVER SK OFFICIALS

What about SK officials, who has jurisdiction?
DILG. Not the Comelec.
MANUAL COUNT
As to the manual count, the Comelec may validly order a
manual count not withstanding the automated counting of
ballots in RA 8486.
The law grants to the commission the use of automated
election system if that is the only way to count votes. It
ought to be self evident that the constitution did not
envision a Comelec that cannot count a result election.
Kwin transcripts
Page 98
CONSTITUTIONAL LAW
Kwin
ELECTION CONTESTS INVOLVING BARANGAYS

Where do you file election contests involving barangays?
File it with the MTC.
PROPOSAL TO AMEND CONSTITUTION BY THE PEOPLE

On the matter of proposing the people on the amendments
of the Constitution;
Appealable to where?
From MTC to Comelec.
Case: Santiago vs Comelec

SC made the declaration that the provision in the RA 6735 is
sufficient. However the manner of the nature of the
proposal changed is not just the amendment. It is the reason
why the petition was dismissed.
So wala na tong insufficiency.
From Comelec, it is final and executory, except when there is

an allegation of abuse of discretion amounting to lack or in
excess of jurisdiction. You file petition for certiorari in SC.
ELECTION CONTESTS INVOLVING MUNICIPAL OFFICIALS
Where do you file election contests involving municipal
officials?
File it with RTC.
Where to do you appeal?
The Comelec.
From Comelec, it is final and executory, except when there is
an allegation of abuse of discretion.
ELECTION CONTESTS INVOLVING CITY OFFICIALS
Where do you file election contests involving city officials?
File it with Comelec.
Where do you appeal?
SC.
ELECTION CONTESTS INVOLVING PROVINCIAL OR ARMM
OFFICIALS
Where do you file election contests involving provincial or
ARMM officials?
File it with Comelec.
Where do you appeal?
SC, but only decision of the Comelec en banc.
DECISION BY COMELEC IN DIVISION AND EN BANC
It can be appealed to the SC. The rule is, as long as it is an
adjudicatory power, in the exercise of its quasi judicial
function to be exercised by the Comelec, all these cases shall
be decided by the Comelec in division.
They only decide matters that are purely administrative en
banc.
ONLY DECISIONS EN BANC IS REVIEWABLE BY SC
Ro appeal therefore the decision of that division, you have to
file a motion for reconsideration that has to resolved by the
Comelec en banc. And that resolution now can be appealed
to SC.
Because the law is very clear than only decisions of
constitutional bodies rendered en banc can be reviewed by
the SC.
Kwin transcripts
Page 99
CONSTITUTIONAL LAW
COMMISSION ON AUDIT
FUNCTIONS
1. administrative functions
2. quasi judicial functions
PROMULGATION OF RULES PERTAINING TO AUDIT - COA

In the matter of promulgating rules pertaining to audit is
exclusive to the COA.
CONDUCT OF AUDIT
In the matter of conducting audit, that is not exclusive to
COA.
Private accounting firms or auditors contracted by
government to conduct audit on funds of government that
were derived from the proceeds of the loan for example
from an international bank or from donations made form
international sources, that can also be audited by private
companies.
Kwin
JURISDICTION OVER PRIVATE CORPORATION

Can private corporation be the subject of an audit?
GR, it is beyond the jurisdiction of COA.
EXPT:
1. when a private corporation or entity handles public funds.
Example, the collection of VAT by some agencies. Thats
the only amount subject to audit.
2. when they receive subsidy from the government
UNANIMOUS DECISION OF COA
Any decision rendered by COA has to be unanimous among
the three members because the chairman is not the COA.
Remember COA is a collegial body and therefore they decide
the case as a collegial body. Not just by the chairman of
COA.
DISALLOW:EXCESSIVE, UNNECESSARY EXPENDITURES
Can COA disallow the approval excess or unnecessary
expenditure?
YES.
Case: DBP vs COA

COA does not have the exclusive power to examine and audit
government agencies.
But as regards to promulgation of rules pertaining to audit of
government funds and expenditures, that is exclusive to
COA.
IOW if the law requires that is promulgated by COA, the
conduct will have to be followed. That cannot be set aside.
Because the matter of promulgating the rules relating to
audit or how funds should be expended is in the exclusive
power of COA.
SUBJECT OF AUDIT ONLY LIQUADATED FUNDS

In the conduct of audit, what can be the subject of audit?
Only the liquidated funds. OW if it unliquidated, that has
still to be established in the court, not COA.
Case: Philippine Operations Incorporated vs Auditor
General
SC said, COAs power over the settlement of accounts is
different from power over unliquidated claims. The latter of
which is within the ambit of judicial power. COA has no
jurisdiction.
Kwin transcripts
Page 100
CONSTITUTIONAL LAW
ART 10 LOCAL GOVERNMENTS
This will again be discussed by Atty Largo.
POLITICAL SUBDIVISIONS
The political subdivisions are the
1. Autonomous regions
2. Provinces
3. Cities
4. Municipalities
5. Barangays
RA 3160 - LGC
They are governed by RA 3160 LGC that provides for the
rules relating to
1. term of office
2. structure and organization of LGUs
TERM OF OFFICE
Under the constitution, how long is the perm of office of the
LG officials?
3 years, but not more that 3 consecutive terms.
Can this be changed by ordinary legislation?
NO.
Except barangay officials.
CONSECUTIVENESS OF THE TERM
When would you consider it as prohibited that will
disqualify an incumbent to run for reelection?
When it would be his 4th election to the same position that
is successive.
When is it considered SUCCESSIVE for purposes of
determining disqualification? (!!!)
EFFECT OF PREVENTIVE
SUSPENSION ON THE
SUCCESSIVENESS OF THE TERM
Case: Aldovino vs Comelec, Dec 23, 2009
The question here is whether preventive suspension of a
public official interrupts the consecutiveness of the term. Or
if not interrupted, ay not have finished because there is a
period of time where he had not served because he was
placed under preventive suspension. Would that be
considered an interruption?
SC said, the preventive suspension of public official does
not interrupt their term for the purposes of the THREE
TERM LIMIT RULE under the constitution and LGC.
Preventive suspension by its nature does not involve an
effective interruption of its service within the term and
should therefore not be a reason to avoid the three term
limitation.
Kwin
INTERRUPTION OF TERM
The interruption of a term exempting an elective official
from the three term limit is one that involves no less than
INVOLUNTARY LOSS OF OFFICE.
In all cases of preventive suspension, the suspended official
is barred from performing the functions of his office and
does not vacate or lose title of his office.
Loss of office is a consequence that only results upon the
eventual filing of guilt or liability.
EFFECT OF SUSPENSION AS A PENALTY ON THE
SUCCESSIVENESS OF THE TERM
So it is preventive suspension, that will not interrupt. But if
it is suspension as a penalty, then that would be a different
story.
If it is only preventive, it does not interrupt because
precisely he was suspended because he is still connected to
his office.
But if it is now a penalty after filing his case, then definitely
there would be an interruption.
Case: Bolos vs Comelec, Mar 18, 2009
He was punong barangay at his third term. He resigned
because he ran as municipal councilor as a Sanguniang
Bayan member. Therafter, he resigned and ran again as
Barangay Captain.
So the question there is WON there has been an
interruption after he resigned as Barangay Captain and ran
as Sanguniang Bayan member?
SC said, Bolos was serving his third term as Punong
Banrangay when he ran as Sanguniang Bayan member. And
upon winning, assume the position as SB member; thus
voluntarily relinquishing his office as punong barangay which
the court deems as volunytary renunciation and therefore
not considered as an interruption.
RECALL - INTERRUPTION
As regards to recall, is that considered an interruption? Is it
considered as your 4th election.
Example. Supposedly, you had 3 terms and there was a
recall election, can you run as an opponent against the
barangay official?
Case: Adromeo vs Comelec
The winner in a recall election can be charged or credited
with the full term of three years for purposes of counting
the consecutiveness of an officials term in office.
Thus in a situation where a candidate loses the election to
gain a third consecutive term, but later wins in the recall
election, the recall term cannot be stitched in his two
previous consecutive terms.
The period of time prior to the recall term when another
public official holds the office constitutes an interruption of
the continuity of his service.
Kwin transcripts
Page 101
CONSTITUTIONAL LAW
TERM BY ELECTION, NOT BY SUCCESSION
Case: Borja vs Comelec
On consecutive terms, that must be by election, not by
succession.
For example. If at first by succession, and thereafter he ran
for election twice which is supposedly his third term, TN you
should not count that term where he merely succeeded in
office. It is an interruption or not counted in the
determination of continuity of the three limit rule relating to
term of office.
VOLUNTARY RENUNCIATION
Case: Lonzanita
Voluntary renunciation is not considered an interruption.
Case: Ong vs Alegre
Ong was considered to have fully served the three terms.
QUALIFICATIONS FOR CONVERSION INTO A CITY OR A

PROVINCE
Case: Cities of the Philippines
Read the last part of the decision for the qualifications.
Under the new rules now, the requirement on area and
income has been increased.
RA 9009
What would be the law that you should read?
RA 9009 which amended sec 450 of the LGC.
How much income is required?
100m.
Kwin
MMDA
MMDA is not a political subdivision, it is merely an
administrative coordinating body whose purpose is to
coordinate with the LGU comprising of Metropolitan Manila.
The more recent cases involving MMDA in exercising police
power is:
Case: MMDA vs Truckworks
SC said, MMDA has no authority to dismantle billboards
and other forms of advertisements posted in the structures
of MRT3, the latter being a private property. Because
MMDAs power is limited only to the formulation,
coordination, regulation, implementation, preparation,
management, monitoring, settling of policies, installing a
system and administration and therefore it has no power to
dismantle the billboards under the guise of police and
legislative powers.
Case: MMDA vs MCOR Transport System
This is with reference to the elimination of certain
terminals in EDSA. They dont have that power because they
are not vested with police power.
SOURCES OF REVENUE OF LGUs

1. levy of taxes
This includes barangays.
Even if there is no legislative enactment, do they have
the taxing power?
YES. That provision is self executory as provided in the
constitutional as long as it is not contrary to existing laws.
2. share from the national taxes
3. mining taxes, forestry and fishery fees and charges
Case: Navarro vs Ermita, May 12, 2010

SC said, we declared unconstitutional the creation of the
province of Dinagat Island for failing to comply with the
territorial population requirements under art 261 of the
LGC.
4. share in co-production, joint venture or production sharing

agreement in utilization and development of national wealth
within the territorial jurisdiction
Case: There is the oil in Palawan and the company
refuses to share the income to Palawan Province.
TAXING POWER OF LGU
This is to insure local autonomy.
NATIONAL GOVERNMETN IS SUBJECT TO LOCAL TAX
WON some national instrumentality are subject to taxation;
unless they are expressly exempt from taxation, they are
subject to tax by local government.
Case: Manila International Airport vs Pasay City
Case: MCIAA vs Marcos
Case: PPA vs Iloilo City
Case: MIAA vs CA
The rule is, they are subject to tax unless they are expressly
exempted.
However, in case of doubt, they are exempt from taxation.
Kwin transcripts
Page 102
CONSTITUTIONAL LAW
ART 11 ACCOUNTABILITY OF PUBLIC OFFICIALS
You just master impeachment.
SEC 1
Memorize sec 1.
SECTION 1. Public office is a public trust. Public officers and employees must,
at all times, be accountable to the people, serve them with utmost
responsibility, integrity, loyalty, and efficiency; act with patriotism and
justice, and lead modest lives.
IMPEACHBLE PUBLIC OFFICIALS

Who are public officials that are impeachable:
1. President
2. VP
3. Justices of SC
4. Constitutional commissioners
5. Ombudsman
-not the deputy ombudsman.
We will tackle this issue in SC WON the president has
jurisdiction. Considering that the president makes that
appointment of the DO, and the Ombudsman; because
the DO is not impeachable, he can be, as part of the
appointing power of the president, revoked by the
president.
-not the special prosecutor
Apparently the SP is now being investigated by the
president. Apparently, they are subject to the jurisdiction
of the office of the president.
GROUNDS OFR IMPEACHMENT
These are exclusive grounds.
1. violation of the constitution
2. bribery
3. treason
4. graft and corruption
5. betrayal of public trust
These are exclusive grounds. You cannot have adultery as
grounds.
Now the question of plagiarism because it is now being the
subject of impeachment against the Justice of SC. The
ground is betrayal of public trust. This will be creating a
conflict between the congress and SC because the congress
has already exonerated the justice of SC.
Kwin
PROCESS OF IMPEACHMENT
So you go through the process of who initiates the
impeachment HOUSE OF REPRESENTATIVES.
What are the REQUIREMENTS?
1. initiation of the proceedings
a. if it is a member who initiates the complaint or files
the complaint, there is no need of an endorsement
b. if it is a private individual, it has to be indorsed in order
that it will be take action by the Committee on Justice
When is there initiation?
Initiation of the proceedings (not the complaint)
commences upon the filing and the referral (whatever
action is to be taken by the committee at the moment).
In the case of Ombudsman Merciditas Gutierrez, there
were several complaints, different complainants, they
were simultaneously referred at the same time to the
committee in justice. Will that be taken as one initiation
proceedings?
YES. According to SC.
Why is this important?
Because you cannot initiate an
proceedings more than once in a year.
impeachment
2. preparation of articles of impeachment

In the matter of initiation, how many votes are needed
in order to prepare the charge sheet or articles of
impeachment?
1/3 of the members of the house. This will be for the
filing of the article sof impeachment.
3. promulgation of the rules by the house concerned
This is discretionary to the house.
4. forward to house of senate as the tribunal
The house of senate will act as the tribunal.
Who will be the presiding officer?
The president of the senate.
Except if it involved the president, it will be the chief
justice of SC
5. voting
How many votes are needed to convict or remove an
official?
2/3 votes of the members of the house of senate.
CONSEQUENCES OF REMOVAL THROUGH IMPEACHMENT
1. removal from office
2. no prejudice to criminal prosecution and disqualification
for appointment or election in public office
3. not subject of pardon
-provided in the constitution
Kwin transcripts
Page 103
CONSTITUTIONAL LAW
POWERS AND FUNCTIONS OF THE OMBUDSMAN
1. criminal cases, the Ombudsman has jurisdiction
-on all public officials, temporary or permanent
-except out of courtesy to SC relating to court personnel
and judges
-they must wait until SC makes a recommendation for
the investigation in the criminal case
2. administrative cases, the Ombudsman has jurisdiction
-not on all public officials like:
a. impeachable officials
b. members of congress
c. members of the judiciary
Kwin
POWER OF OMBUDSMAN TO SUSPEND OR IMPOSE

PENALTIES
Case: Ledesma vs CA
Case: Ombudsman vs Valera
Before they say that the power of the Ombudsman is merely
recommendatory.
SC said that they have the power to give it to the Office of the
Ombudsman. They can impose and execute the penalties
that they have recommended.
STATEMENT OF ASSETS AND LIABILITIES
3. preventive suspension
-Ombudsman has the power to suspend an erring public
officer suspensive
-period: not exceeding 6 months
4. teachers, Ombudsman has jurisdiction
-they are saying that magna carta exclusive jurisdiction is
exclusive with DECS. Wrong.
-case: Masing et al vs Office of the Ombudsman
Teachers, notwithstanding the magna catra,
Ombudsman has jurisdiction.
CRIMINAL JURISDICTION OF THE OMBUDSMAN

Is the criminal jurisdiction of the ombudsman exclusive to
him?
NO.
LOW RANKING OFFICIAL
If it is low ranking official, meaning the salary grade is 26 or
lower, it is concurrent with DOJ.
So if you file a malversation case against a municipal
treasurer, either you file it with the DOJ, Fiscals Office or
the Ofice of the Ombudsman.
Do you need the approval of the Deputy Ombudsman? NO.
HIGH RANKING OFFICIAL
If it involves a high ranking official like a city treasurer, cam
you file it with the DOJ? YES. However, if the
recommendation of the filing of the case with the SB, it has
to be concurrence with the DO or Ombudsman.
You go back to your criminal procedure.
Because insofar as jurisdiction of the SB, jurisdiction has to
be approved by the DO. OW if it is only the fiscal who
approves the information, that is an invalid information,
because the fiscal has no authority to file the information in
the SB.
Kwin transcripts
Page 104
CONSTITUTIONAL LAW
ART 12 NATIONAL ECONOMY AND PATRIMONY
REGALIAN DOCTRINE (!!!)
All lands and mineral resources belong to the state.
Including the ancestral domain and ancestral lands?
NO. Because they belong to the indigenous people or
community on the basis of native title.
KINDS OF LANDS
Not all lands belong to the state.
1. agricultural lands
2. timber lands
3. forest lands
4. mineral lands
5. national parks
Of all these lands, which is disposable and alienable?
Agricultural lands.
There are two kinds of lands:
1. public lands
a. alienable lands (agricultural lands)
b. inalienable lands
2. private lands
Kwin
AGRICULTURAL LANDS
It does not mean lands devoted to agriculture. It refers to
lands that is alienable like:
1. reclaimed
2. foreshores
Who owns it?
The state. Because the sea is inalienable. Supposedly,
likewise, it is inalienable.
Except when it is classified as agricultural and disposable
lands of the government and of the state.
Who can acquire it?
Only individual citizen, not corporation.
How come Amari and MOA are acquired by corporations?
Because there is no prohibition against directors of Filipino
corporations who are Filipino citizens to acquire. And the
moment it is acquired by private individuals, it becomes a
private land, and it can be sold in turn to a Filipino
corporation.
So this explains why some reclaimed lands are being
acquired by Filipino corporations.
Originally, they are agricultural lands.
There has to be a classification that they are disposable.
ACQUISITION OF AGRICULTURAL LANDS

Who can acquire?
Only individual citizens of the country.
Corporations cannot acquire agricultural lands, even if it is
a Filipino qualified corporations. They can only lease.
Haw many hectares can be leased?

500 hectares for individual.
1000 hectares for qualified Filipino corporation.
Foreigners cannot lease.
Case: Chavez vs Public Estate Authority

Foreshore and submerged areas form part of public domain
and are inalienable.
Lands between foreshore and submerged areas also form
part of the public domain unless converted into alienable or
disposable lands of public domain.
The prevailing rule is that, reclaimed disposable lands of
public domain may also be leased and not sold to private
parties. These lands remain sole generis as the only
alienable or disposable lands of the public domain which the
government could not sell to private parties except if the
legislative passes a law authorizing sub sale. (SRP)
ACQUISITION OF PRIVATE LANDS

Who can acquire?
Filipino citizens, either natural or qualified Filipino
Corporation.
But in this case, the classification is not a pubic domain. There

was a title that was issued. It was acquired by LGU in its
private capacity (proprietary). It can be sold even without
the consent of congress.
Who can lease?

Filipino citizens and foreigners.
Reclaimed lands have maintained their inherent potential as

areas for public use or service. The ownership of lands
reclaimed from foreshore areas is rooted in the regalia
doctrine which declares that all lands and waters of the
public domain belong to the state.
How many hectares can be acquired?

Limited only to 12 hectares.
What are the instance when a foreigner may acquire public

lands?
a. former natural born citizens
-5000 sq meters
b. hereditary intestate succession
-no limit on intestate succession if he is a compulsory
heir
But notwithstanding the conversion of reclaimed lands to

alienable lands of the public domain, they may not be sold
to private corporations which can only lease the same.
The state can only sell alienable public lands to Filipino
citizens.
Kwin transcripts
Page 105
CONSTITUTIONAL LAW
But TN in this case, decision does not bar private corporation

in participating in the reclamation projects and be paid for
the services in reclaiming lands.
What the decision prohibits following the constitutional
mandate is for the private person to acquire reclaimed lands
in the private domain.
There is no prohibition on the directors, officers, SH of private
corporations, if they are Filipino citizens from acquiring at
public auction, reclaim alienable lands of the public domain.
It can acquire not more than 12 hectares per individual and
the lands thus acquired becomes public lands.
PATRIMINIAL PROPERTY
Freedom Islands are inalienable lands of public domain.
Government owned lands, as long as they are patrimonial
property can be sold to private parties who are Filipino
citizens or qualified private corporation.
So there is a difference; owned as a public domain alienable
with the consent of congress. But if patrimonial, no need for
consent of congress.
Now they are claiming that SRP is part of public domain.
Should there be a sale, it has to be with the approval of
congress, and it has to be done at public auction.
But the LGU maintains that it is a patrimonial property, and
therefore it can be acquired by qualified private corporation.
There is no bidding required because it is a private property
insofar as Cebu City Government is concerned.
CA ruled sustaining the trial court that it can be acquired by
a corporation.
ACQUISITION BY PRESCRIPTION
Case: Malabanan vs Republic of the Philippines, April 29,
2009 (!!!)
This is with reference to the acquisition of the property by
prescription. They are saying that they are applying for
registration of title because they have been occupying the
property since time immemorial.
The issue is whether it can be applied for by an individual for
title.
SC said, public domain lands become patrimonial or private
property of the government only upon declaration that
these are alienable or disposable lands together with
express government manifestation that the property is
already patrimonial or no longer retained for public service
or the development of national wealth.
Only when the property has become patrimonial can the
prescriptive period for the acquisition of the property of
public property domain begin to run.
Kwin
So if you have been there since time immemorial, however

the declaration that it is a patrimonial property is only 2011,
prescription does not start to run.
In connection with sec 14 of property registration decree,
recognized those who by themselves or through their
predecessors in interest have been in open, continuous and
exclusive possession and occupation of alienable and
disposable lands of the public domain under bona fide claim
of ownership.
They must have been there since June 12, 1945, have
acquired ownership of and registrable title to such lands
based on the length and quality of such possession.
The court clarified that the public land merely requires
possession since June 12, 1945 and does not require that the
land should have been alienable and disposable in the entire
period of possession.
The possessor is not entitled to secure judicial confirmation
of title as soon as the land is declared alienable and
disposable.
This is however subject to Dec 31, 2020 deadline.
So if you are squatting a land owned by the government, all
you need to prove is that you have been occupying the land
since June 12 1845, even if it has been recently declared
only as disposable or alienable. The 30 year period shall be
reckoned from June 12, 1945.
And you have until Dec 31, 2020 to apply for the registration
of title over these property.
ALIENABLE OR DIPOSABLE
Case: Sacay vs DENR
They applied for registration of title over these titles.
Boracay Island is owned by the state, except for the land
areas with existing titles.
The continued possession and considerable possession of
prior claimants do not automatically give them a vested
right in Boracay, nor does this give them a right to apply a
title the land they are presently occupying.
The present lands traces its roots to the regalia doctrine.
Because they are not timber lands and therefore they are no
longer lands of public domain.
SC said, except for lands already covered by existing titles, SC
said that Boracay was unclassified lands of public domain
prior to Proclamation 1006 which classified Boracay as 400
hectares of reserved forest lands and 628.96 hectares of
agricultural lands.
Such unclassified lands are considered public forests under
PD 705. Forest lands do not necessarily refer to large tracks
of wooded lands or expanses covered by dense trees and
under brushes.
For as long as it is not reclassified, it is still forest lands, not
subject to alienation. It cannot be acquired even if you have
lived there for a thousand years.
Kwin transcripts
Page 106
CONSTITUTIONAL LAW
Kwin
CLASSIFICATION OF LANDS
Case: Dauriano vs Hermoso et al, April 24 2009
SC said, the classification of lands of public domain of 2 types:
1. primary classification
a. Agricultural
b. Forest
c. Timber
d. Mineral lands
e. Natural parks
2.secondary classification
And I think this was the case that was invoked in the SRP case
as against the Chavez case.
The agricultural lands of public domain may further be

classified by law according to the uses which they may be
devoted. This further classification of agricultural lands may
be referred to as SECONDARY CLASSIFICATION.
Congress under existing laws, granted authority to a member
of the government agency to effect the secondary
classification of agricultural lands to:
1. residential
2. commercial
3. industrial
4. other urban uses
EXCEPTION TO LANDS AS PART OF REGALIAN DOCTRINE

Ancestral lands are exluded from the regalia doctrine.
So you have RA 7160 granting such authority.
RECLAMATION OF LANDS
In that case relating to WON reclaiming corporation can be
paid by lands.
Diba kung reclaimed, pubic domain, only individual citizens
can acquire the land.
If you pay land to the corporation that reclaimed it, is that
allowed?
Case: Chavez vs NHA (patrimonial property)
It was allowed because the land was not considered a
public domain but a patrimonial property of the
government. And therefore it can be acquired by the
corporation.
SC said that NHA is a government agency. Its function is to
distribute lands. It is not exercising public functions.
NHA is a government agency not tasked to dispose of
public lands under its charter. The Revised Administrative
Code of 1987, the NHA is an end user agency authorized by
law to administer and dispose of reclaimed lands.
The moment titles over reclaimed lands based on the
special patents or transferred to the NHA by the registry of
deeds, they are automatically converted to a patrimonial
property of the state which can be sold to Filipino citizen
and private corporations, 60% of which are owned by
Filipinos.
The reason is obvious. If the reclaimed land is not
converted to patrimonial lands, was transferred, then it
would be useless to transfer it to NHA because you cannot
legally transfer any lands of public domain.
So read Chavez vs PEA and Amari in consonance with Cavez vs

NHA.
Case: Chavez vs PEA (public domain)
This is on public estate. So any lands that were reclaimed
by PEA is part of public domain.
Case: Cruz vs Secretary of DENR

If categorically declared ancestral lands and domain held by
native title as never to have been pubic lands. Domains and
lands under native title are therefore indisputably presumed
to have never been public lands and are private.
The right of ownership granted to indigenous people over
their ancestral domains does not cover the natural
resources.
The right granted to IP to negotiate the terms and conditions
over the natural resources covers only their exploration to
ensure ecological and environmental protection.
Case: Carino vs Insular Government
The existence of native title to land by Filipinos by virtue of
possession under claim of ownership since time immemorial
is an exception to the theory of res regalia.
And in recognition to that, you have the case of:
Case: Alcantara vs DENR, July 31, 2008
On the matter of ancestral domain.
SC has revoked the permit to logging concessions that were
covered by the ancestral domain in recognition of the right
of the indigenous people to the ancestral domain.
SC said, a mere license or privilege granted by the state to the
petitioner for the use or exploration of natural resources to
public lands over which the state has sovereign ownership
over the regalian doctrine, like timber or mining licenses on
forest land and grazing lease agreement is a mere permit
which by executive action can be removed, rescinded,
cancelled or modified whenever public welfare or public
interest so requires.
The determination of what is in the pubic interest is
necessarily vested in the state as owners of countrys
natural resources. Thus, a privilege or license is not in a
nature of a contract that enjoys protection.
In this case, such privilege or license is not even a property or
property right, nor does it create a vested right.
Kwin transcripts
Page 107
CONSTITUTIONAL LAW
In this decision, the SC recognize the inherent right of ICC and
IPs to recover their ancestral lands from outsiders and
usurpers, seen by many as a victory attained by the private
respondents after a long and costly effort.
IOW because of this case, it was an assertion of the rights of
the indigenous people over the ancestral lands and domain.
There was the revocation of the license that was granted
previously to private individuals as regards to pubic lands,
particularly the use of public lands as a grazing lands.
EXPLORATION OF NAURAL RESOURCES

Who has control over the exploration of natural resources?
It is the state being the owner.
How about private individuals and citizens of the country?
Can they explore the natural resources by themselves?
NO.
Except when they enter into:
1. joint venture
2. co production
3. production sharing
They may be citizens who are natural or juridical persons.
How about foreign corporations? Can they enter into such
agreements?
NO. they can only enter into SERVICE CONTRACT. They are
only to provide:
1. technical
2. financial assistance
Kwin
These agreements with foreign corporations are not limited

to financial and technical assistance. The 1987 constitution
allows the continued use of service corporations as
contractors who would invest in and operate and manage
extractive enterprises subject to the full control and
supervision of the state.
This is on LARGE SCALE MINING.
The requirement is FULL CONTROL.
REGALIAN DOCTRINE DOES NOT APPLY RETROACTIVELY.
Those covered prior to regalia doctrine where they were
given concession for not more than 50 years, it is still
existing in the e1987 constitution. The regalian doctrine
does not apply retroactively.
Case: Republic vs Reservoir Mining and Development
Corporation
Sec 2, art 12 of the 1987 constitution does not apply
retroactively to a license concession or lease granted by the
government under the 1973 constitution or before the
effectivity of 1987 constitution.
So if the concession still is existing even beyond the 987
constitution, then it is still valid. This is on NON
IMPAIRMENT CLAUSE.
PROHIBITION OF FOREIGNERS ACQUIRING LANDS

They can acquire only condominiums because the prohibition
covers only acquisition of lands.
What is the extent?

They will be providing for services and labor. The
contractor is the state.
But it does not mean that the state has to closely supervise
and monitor them. There can be macro supervision through
the laws passed by the state.
This is in consonance to the upholding the validity of the
mining laws.
There are so many cases sustaining the participation of a
foreign corporation into mining.
Case: Republic vs Tritas Corp, sept 26, 2006
Case: Ramos vs Ramos
Case: Bilaan vs Ramos
Case: FUR Savers vs DENR
The bottom line is that control by the state is on macro
level through the establishment of policies, guidelines
regulations, industries, and similar measures that would
enable the government to control the conduct and the
affairs of various enterprises and restrain activities deemed
to be not desirable or beneficial.
Kwin transcripts
Page 108
CONSTITUTIONAL LAW
AREAS OF INVESTMENT REQUIREMENT
OPERATION OF PUBLIC UTILITY
How many percentage if it is a qualified Filipino corporation?
60% by a Filipino citizen.
MEDIA
100%
ADVERTISING
70%
EDUCATIONAL INSTITUTION
60% qualified Filipino corporation.
But the management and administration is all Filipino citizens
in all of these corporations. Only the capital investment
where there is allowing foreigners.
FRANCHISE OF PUBLIC UTILITY
For how many years?
25 years, renewable for another 25 years.
Subject to amendments, repeal, or modifications when public
interest so requires.
You TN of the exceptions because while a franchise is a
contract between the government and private individual
citizen or corporation; because it involves public interest,
the constitution no less provides for the reservation of its
change.
It is protected in the non impairment clause supposedly but
this is an exception.
FISHING
ONLY INDIVIDUAL CITIZENS (specially on small scale) and
cooperatives.
PRACTICE OF PROFESSION
Filipino citizens only.
CORPORATIONS SUBJECT TO THE REGULATION OF THE

STATE
MONOPOLY
Is monopoly prohibited?
NO. But of course there are regulations relating to protect
public interest. But per se, it is not prohibited by law.
RESTRAINT OF TRADE AND UNFAIR COMPETITION
We have here free enterprise.
Kwin
ART 13 SOCIAL JUSTICE AND HUMAN RIGHTS

SOCIAL JUSTICE
Briefly, it means we give those who have less in life more in
law.
As the rest, go over with that. You go bY the concept of
SOCIAL JUSTICE.
HUMAN RIGHTS
What is human rights?
It covers civil and political rights. It is not limited against the
government, even against big companies; can be the subject
of the complaint.
COMMISSION ON HUMAN RIGHTS
JURISDICTION OF CHR
What is the jurisdiction of the Commission of Human Rights?
Merely investigatory. It has no quasi judicial function or
adjudicatory power.
Therefore it cannot issue restraining orders neither can it
cite anyone for contempt for violation of human rights.
PROMULGATION OF RULES AND REGULATION
But in the matter of promulgating the rules and regulations in
the exercise of its administrative functions, these have not
been complied with by the persons ordered by CHR, in the
enforcement of the rules by said office, one may be cited for
contempt.
Administrative lang ha? Because they dont have any quasi
judicial functions.
EJECTMENT OF SQUATTERS
Ejectment of squatters, is that a violation of human rights?
NO.
Case: People vs Lichon
The constitutional requirement of the demolition being in
accordance with law and be conducted in a just and humane
manner does not mean validity or legality of the
demolition on the existence of resettlement area that is
designated or earmarked by the government. There is no
requirement.
NO FISCAL AUTONOMY
Does the CHR enjoy fiscal autonomy?
NO.
COMMISSIONER NOT IMPEACHABLE
Is the commissioner impeachable?
NO. these is not the same as the three constitutional
commissions.
ABOLISHED BY ORDINARY LEGISLATION
Can it be abolished by ordinary legislation?
YES. It is not created by the constitution. It was created
upon the mandate of the constitution. So it may be
abolished.
Kwin transcripts
Page 109
CONSTITUTIONAL LAW
Kwin
ART 14 - EDUCATION, SCIENCE AND TECHNOLOGY, ARTS,

CULTURE AND SPORTS EDUCATION
So they have independence on who may teach, what to

teach, how to teach and who may be admitted to study.
ACADEMIC FREEDOM
Memorize academic freedom.
The disciplining of students is still within academic

freedom.
It is enjoyed only by institution of higher learning, not

Mababag Paaralan ng Pilipinas.
Example. Universities and colleges. Not high school and
elementary.
REVIEW CENTER
Case: Review Center Association of the Philippines vs
Ermita
A review center is not a n institution of higher learning as
contemplated in RA 7722 because it does not offer a degree
program that would put it under the jurisdiction of the
CHED.
Moreover, review course is only intended to refresh and
enhance the knowledge or competence or skills of
reviewees. And it does not require enrollment, attendance,
submission of theses in order to complete the review course
requirement or take the licensure examination.
2. FROM THE STANDPOINT OF THE ACADEME

They can teach in any manner and grade you accordingly.
And they are free to do their research and publish their
research.
3. FROM THE STANDPOINT OF THE STUDENTS

Thats not absolute. Its subject to the rules of the
university and your having maintained the required
classifications to maintain in the university.
TAX EXEMPTION
For non stock non profit
KINDS OF ACADEMIC FREEDOM

1. From the standpoint of the institution
2. From the standpoint of the academe
3. From the standpoint of the students
1. FROM THE STANDPOINT OF THE INSTITUTION
They have the right to choose their own professors and
students as well.
They can impose regulations on that.
Case: UP et al vs CSC
They cannot be told about the choice of professor; if they
are going to promote a professor who has gone AWOL.
AWOL is a ground for dismissal of government service
and UP is under CSC. The other professors complained. CSC
dismissed him from service.
SC sustained UP. From the standpoint of the educational
institution and members of the academe, the SC sustained
the primacy of academic freedom over CS rules on AWOL
stressing, when UP opted to promote him despite his
absence, it is exercising his freedom to chose who may
teach and continue to teach its battlefield.
Case: La salle
After teaching in la sale as probi, he was dismissed.
SC said sec 5 par 2 of art 14 of constitution guaranties
institution of higher learning academic freedom.
Institutional academic freedom includes the right of the
school or college to decide for itself its aims and objectives
on how to attain them, free from outside coercion and
interference.
Kwin transcripts
Page 110
CONSTITUTIONAL LAW
ART 16 GENERAL PROVISIONS
What is the color of flag?
How many suns and stars?
Can you change the design of your flag?
NO. Without amending the constitution.
Can you change then name of the country by ordinary
legislation, national anthem and national seal?
YES. Subject to ratification in a referendum (not plebiscite).
SOVEREIGNTY OF THE STATE
-discussed
ARMED FORCED OF THE PHILIPPINES
It is a citizen armed force. That is one of the manifestation of
the supremacy of the civilian authority.
The chief of staff has a limited term of 3 years unless it is
extended by president when there is a national emergency
declared by congress. So there has to be a national
emergency.
Is PNP under AFP?
NO.
ART 17 AMENDMENTS AND REVISIONS

PROPOSAL
Who can propose amendments to the constitution?
1. Congress
2. Constitutional convention
3. People
Kwin
Who can propose revision?

1. Congress
2. Constitutional convention
(people cant)
Change of the system of government, is that an amendment
or revision?
REVISION. (Lambino vs Comelec)
CONSTITUTENT POWER
If it is congress exercising the power, we call it CONSTITUENT
POWER.
How is it different from legislative power?
Of course you have number of votes, for congress
proposing, 2/3 to call for a concon, majority to submit it to
people.
It is discretionary BTW to congress.
STAGES OF CHANGING THE CONSTITUTION
1. Proposal
2. Submission of the proposal
3. Classification
VOTES FOR EEFECTIVITY
How many votes are needed for the effectivity of any change
to the constitution?
Majority votes cast during the plebiscite.
EFFECTIVITY
When does the change take effect?
Upon the ratification by the people.
JUDICIAL REVIEW PROPER PARTY
Is the amendment or revision of the constitution or
ratification of the constitution subject top judicial review?
YES. It can be raised by any citizen. Thats an extension of
proper party. So long as procedure is not followed, any
person may question.
Case: Province of North Cotabato vs Republic
This is with reference to Bansang Moro.
It was declared unconstitutional because that will allow the
president to propose amendments to the constitution by
allowing the establishment of a state with a state.
This is prohibited by the constitution because only congress,
people and concon can propose amendments to the
constitution.
Kwin transcripts
Page 111
CONSTITUTIONAL LAW
ART 18 TRANSITORY PROVISION
MILITARY BASES AGREEMENT
That has already expired. We now have the PFA. So the
question is, should it require the concurrence of the senate?
Is it valid?
That has already been settled, even without the
concurrence of senate. Because it is an executive agreement
implementing a mutual defense agreement between the
president and the US.
Case: Lim vs Executive Secretary
SC said that sec 25 of the transitory provision shall mark
antipathy towards foreign military presence in the country.
The foreign troops are allowed entry in the Philippines only in
a way of exception.
Under the constitution, the US forces are prohibited from
engaging in an offensive war in the territory.
Sc however cannot accept the allegation that the Arroyo
administration engaged in double ___ in trying to pass off as
a mere training exercise, an offensive effort by foreign
troops on native soil.
Kwin
10 of the VFA. Pending status quo shall be maintained until

further orders of SC.
IOW inasmuch as VFA was treated as a treaty, should there
be any amendments or changes to it, it must be done in
accordance with the changing of the treaty.
It has to be negotiated, turned to the president and DFA,
submitted to senate for concurrence. And then have it
ratified.
In this case, it was only between DFA Secretary and
Ambassador of US. That is void foe it is contrary to what is
agreed in VFA.
Case: Bayan vs Zamora

The VFA was duly concurred by the Philippine senate and was
duly recognized as a treaty by the US as certified by the duly
authorized representative of US government.
The fact that VFA was not submitted for advise and consent
of the US senate does not detract from its status as a
binding international agreement.
Ours was concurred.
Here, even if the US does not recognize it as a treaty, as far as
we are concerned, it is a treaty.
Precisely you not that case of Smith who was transferred in
the Embassy instead for detention.
Because under the VFA, he should have been detained in our
jail specially if convicted. But apparently, without our
knowledge, there was an amendment thereto by a mere
agreement between the ambassadors of US and Philippines.
So the question is if it can be done by mere amendment of
the VFA through an agreement signed between the
ambassadors of these two states.
Should there be any changes of the VFA because it has
reference to the detention?
Case: Nicholas vs Romulo
Should here be any changes, you should follow the
procedure in the matter of entering into negotiations with
international agreements and treaties.
SC said, VFA between Philippines and US entered into in
Feb 10, 1998 is upheld as constitutional.
But the agreements in Dec 19 and 22, 2006 are declared
not in accordance with the VFA. And respondent Secretary
of Foreign Affairs Romulo is hereby ordered to fore with
negotiate with the US representative for the appropriate
agreement on the detention facilities as provided in art 5 sec
Kwin transcripts
Page 112

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CONSTITUTIONAL LAW

May 30, 2011

SOURCES OF POLITICAL LAW

These are the different parts of political law.

We will be tackling on the study of the government,

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As to the manner of changing the constitution:

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Q: Is the provision on the constitution authorizing

But the prevailing jurisdiction is people cannot

CONSTUTION VS ORGANIC LAWS

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SC said THE CONSTITUTION TOK EFFECT ON THE DATE OF

Because there are provisions in 1987 constitution that were

What is the constitutional basis? Sec 27 Art 18 of the

It is an introduction only. It is not part of the constitution, it is

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NATIONAL TERRITORY COMPOSITION

ACQUISITION OF THE ISLANDS

over which the

Philippines has sovereignty or jurisdiction.

TN that the conjunctive word is OR, not and.

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because ours is an archipelago. What we have adopted is

Under he principle of DOMINIUM where the property is

So when you connect the outermost islands, you do not

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EXCLUSIVE ECONOMIC ZONE

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PEOPLE RIGHT AGAINST UNREASONABLE SEARCHES AND

member of a democratic political community

People could mean the INAHBITANTS IN GENERAL. The

So when the constitution says sovereignty resides in the

And how is this acquired by him in order to be a member of a

Does it include those who are not qualified voters?

So when we say sovereignty resides in the people, the people

PEOPLE RIGHT TO INFORMATION

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ART 4 SEC 1 PAR 1

When did the Philippine constitution take effect?

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Case: Vallez vs Comelec

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When the Filipina under the 1935 constitution, she is

[2] Those whose fathers or mothers are citizens of the Philippines;

FILIPINA MARRIED TO A FOREIGNER - 1973 & 1985

REQUIREMENTS TO ELECT FILIPINO CITIZENSHIP

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ART 4 SEC 1 PAR 3

We have discussed this already.

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COMMONWEALTH ACT 473

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Eventually the father became a Filipino by naturalization.

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MODES OF ACQUIRING CITIZENSHIP

You cannot acquire Filipino citizenship either by marriage or

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MODES OF REACQUIRING CITIZENSHIP AND REQUIREMENTS

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2.C. RA 9225 DUAL PHILIPPINE CITIZENSHIP ACT

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EFFECT OF IMMIGRANT STATUS ON AN APPOINTED PUBLIC