2018 Political Law Review Course Syllabus

COURSE SYLLABUS impeachment, jurisdiction of Ombudsman, Civil Service Commission and Sandiganbayan),
Public Corporations (Fundamentals of Local Governments) and Public International Law
FACULTY: ATTY. VICTORIA V. LOANZON

COURSE: POLITICAL LAW REVIEW COURSE LEARNING OUTCOMES:

COURSE DESCRIPTION: By the end of the course, the student will be able to:
1. Define clearly one or more constitutional issues in a given case.
This review course will focus on the basic principles and concepts of constitutional law within 2. Apply the most appropriate constitutional doctrines or rules to a particular
the context of decisions of the Supreme Court. It will emphasize the supremacy of the constitutional issue.
Constitution as the fundamental law of the land. A close examination of the three branches of 3. Engage in analytical process when examining constitutional issues.
Philippine political system will be reviewed and the principles that govern its operations like
the separation of powers, principle of checks and balances, judicial power of review. A
separate review of the relationships between the national and local government units as well COURSE SCHEDULE OVERVIEW
as the independent constitutional commissions and special governmental bodies will likewise
be done. COURSE TOPICS AND REQUIRED READINGS

WEEK
A segment of the course will be devoted to the constitutional foundations of the bill of rights,
protection of these rights, and the essence of due process.
The course will likewise cover administrative law, the law on public accountability and election I. The Philippine Constitution
law. A. Constitution: Definition, Nature and Concept
The Public International Law segment will emphasize current issues that prevail in the world. 1. Definition: The Constitution is the body of rules and maxims in accordance with
This review course seeks to deepen the law students’ critical thinking competence in which the power of sovereignty is habitually exercised. (Cooley)
conceptualizing and analyzing constitutional issues while applying constitutional doctrines or 2. Purposes: The Constitution provides for a framework of government, identifies
rules to each issue. To engage law students in developing this vital competence for their basic structures of government and assigns their respective powers and duties,
preparation for the bar examinations and a career in the legal profession, this course will rely establish principles upon which the government is founded and its relationship to
mainly on basic principles and relevant provisions of law and will relate such with leading its constituents.
jurisprudence. 3. The Constitution as the Fundamental Law of the Land -
Marbury v. Madison, 1 Cranch 137 (1803) Read from the internet, see the facts and
PREREQUISITES: Constitutional Law I (Political Law), Constitutional Law II (Bill of Rights, main issue for resolution and the portion of the decision which laid down the rule
Citizenship and Inherent Powers of Government), Administrative Law Proper, Election Law why the Court may intervene to reconcile a law subordinate to the Constitution.
(Right of Suffrage, Qualifications and Disqualifications for Elective Positions, Term of Constitutional supremacy is a doctrine, which provides that all acts of Congress,
Office, Removal from Office and other pertinent laws) Law of Public Accountability (Law issuances of the President and rules and regulations of administrative agencies
must conform to the provisions of the Constitution.
on Public Officers: Qualifications, Disqualifications, De jure and De facto public officers,
Constitutions classified: Written or unwritten; Rigid or flexible; Enacted or evolved
Security of Tenure, Merit and Fitness Principle, Removal from office to include The Philippine Constitution is written, rigid and enacted.
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 2018 Political Law Review Course Syllabus

Nicolas v. Romulo, 578 SCRA, Read the facts and cover only the portion of the Constitution, resort thereto may be had only when other guides fail, as . . . when
decision on the adoption of the Mutual Defense Treaty under the 1935 the meaning is clear.
Constitution: every treaty needs ratification of the Senate; any agreement in Integrated Bar of the Philippines v. Hon. Ronaldo Zamora, G.R. No. 141254, Aug.
furtherance of a duly-ratified treaty does not need any action from the Senate. 15, 2000, Puno, C.J. separate opinion: The proceedings of the Convention are less
4. The Constitution and the Three Branches of Government conclusive in the proper construction of the fundamental law than are legislative
Read Articles VI, VII and VIII of the Constitution proceedings of the proper construction of a statute, for in the latter case, it is the
Demetria v. Alba, 148 SCRA 208 (1987), concentrate on pp. 209-210; pp. 214-218: intent of the legislature the courts seek, while in the former, courts seek to arrive
the enactment of an appropriations act strictly belongs to the legislative branch; at the intent of the people through the discussions and deliberations of their
no funds under the G.A.A. may transferred from one item to the other without representatives.
congressional action. 3. Ut magis valeat quam pereat– The Constitution is to be interpreted as a whole
5. Operative Fact Doctrine (Francisco v. House of Representatives, G.R. No. 160261, Nov. 10, 2003).
Under the Operative Fact Doctrine, a law or an act may be declared
unconstitutional but may produce legal effects. C. The Amending Process: Two-step process: proposal and the ratification
Read any material available in the internet. 1. How amendment is instituted
Tanada v. Tuvera, 136 SCRA 27(1985) focus on pp. 33-35; pp. 40-41: even under a. Congress, Art. XVII, Sec. 1: By Congress as a constituent assembly upon a
extraordinary circumstances, a law must be published; the Civil Code provision on vote of ¾ of all its members
effectivity of laws will apply unless the law provides for another date of effectivity b. Constitutional Convention, Art. XVII, Sec. 3: By 2/3 vote of all members
Araullo v. Aquino, G.R. No. 209287, 1 July 2014; Read the facts and Part 6 of the of Congress call a constitutional convention or by a majority vote of all its
main decision only: while DAP is not “unconstitutional”, cross border transfer of members, submit to the electorate the question of calling such
funds is unconstitutional; read discussion on the impoundment of public funds convention.
under approved budget and the power to discontinue use of public funds. c. The people through initiative,Art. XVII, Sec. 2: Upon petition of at least
B. Parts of the 1987 Constitution 12% of the total number of registered voters, of which every district must
1. Constitution of Liberty: Bill of Rights be represented by at least 3% of the voters therein.
2. Constitution of Government: Government Organization and Functions
3. Constitution of Sovereignty: Method of Amendment Kinds of Initiative under the Initiative and Referendum Act (RA 6735)
Interpretation of the Constitution a. Initiative on the Constitution– Refers to a petition proposing amendments to the
1. Verba legis– Wherever possible, the words used in the Constitution must be Constitution.
given their ordinary meaning except where technical terms are employed. 2. Ratio b. Initiative on statutes– Refers to a petition to enact a national legislation.
legis est anima – Where there is ambiguity, the words of the Constitution should c. Initiative on local legislation– Refers to a petition proposing to enact a regional,
be interpreted in accordance with the intent of the framers. provincial, municipal, city, or barangay law, resolution or ordinance [RA 6735, Sec.
2. Ratio legis est anima– Where there is ambiguity, the words of the Constitution 3 (a)].
should be interpreted in accordance with the intent of the framers.
Civil Liberties Union v. Executive Secretary, G.R. No. 83896, Feb. 22, 1991: While it Sec. 3 (b) of RA 6735 provides for:
is permissible to consult the debates and proceedings of the constitutional a. Indirect Initiative– Exercise of initiative by the people through a proposition sent
convention in order to arrive at the reason and purpose of the resulting to Congress or the local legislative body for action.
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b. Direct Initiative – The people themselves filed the petition with the COMELEC resolution or ordinance enacted by regional assemblies and local legislative bodies.
and not with Congress.
Defensor-Santiago v. COMELEC G.R. No. 127325, March 19, 1997: Under R.A. 6735, 2. How revision is instituted
initiative on the Constitution is confined only to proposals to amend. The people See a.and b. above: Constitutional Assembly and Constitutional
are not accorded the power to "directly propose, enact, approve, or reject, in Convention only
whole or in part, the Constitution" through the system of initiative. They can only
do so with respect to "laws, ordinances, or resolutions." Secondly, the Act does not Tests to determine whether a proposed change is an amendment or a revision
provide for the contents of a petition for initiative on the Constitution. The use of 1. Quantitative test – Asks whether the proposed change is as extensive in its
the clause "proposed laws sought to be enacted, approved or rejected, amended provisions as to change directly the ‘substantial entirety’ of the Constitution by the
or repealed" denotes that RA 6735 excludes initiative on the amendments of the deletion or alteration of numerous existing provisions. One examines only the
Constitution. In addition, while the law provides subtitles for National Initiative and number of provisions affected and does not consider the degree of the change.
Referendum and for Local Initiative and Referendum, no subtitle is provided for 2. Qualitative test– Asks whether the change will accomplish such far reaching
initiative on the Constitution. This means that the main thrust of the law is changes in the nature of our basic governmental plan as to amount to a revision
initiative and referendum on national and local laws. If RA 6735 were intended to (Lambino v. Comelec, G.R. No. 174153, Oct. 25, 2006)
fully provide for the implementation of the initiative on amendments to the
Constitution, it could have provided for a subtitle, considering that in the order of 3. How ratified:
things, the primacy of interest, or hierarchy of values, the right of the people to In case of amendments proposed by Congress or a Convention, Art. XVII, Sec. 4,
directly propose amendments to the Constitution is far more important than the paragraph 1: Ratification by a majority of the votes cast in a plebiscite conducted
initiative on national and local laws. by COMELEC, which shall be held not earlier than 60 days and later than 90 days
While RA 6735 specially detailed the process in implementing initiative and after the approval of the amendment or revision.
referendum on national and local laws, it intentionally did not do so on the system In case of amendments proposed through initiative, Art. XVII, Sec. 4, paragraph 2:
of initiative on amendments to the Constitution. Ratification by a majority of votes cast in a plebiscite, which shall be held not
Lambino v. COMELEC, G.R. No. 174153, Oct. 25, 2006: Petitioners failed to earlier than 60 days nor later than 90 days after certification by COMELEC of the
convince the Court that the provisions which they sought to change in the sufficiency of the petition.
Constitution are proper for a People’s Initiative process as the same are intended
only for revision. The People’s Initiative is limited to amendment of the Requisites for a valid ratification
Constitution only. 1. Ratification must have been held in a plebiscite conducted under the Omnibus
Election Code;
Referendum – 2.Plebiscite must been supervised by COMELEC; and
Referendum is the power of the electorate to approve or reject legislation through 3. Only registered voters participated in the plebiscite.
an election called for that purpose.
Kinds of Referendum Doctrine of Proper Submission
a. Referendum on Statutes - Refers to a petition to approve or reject a law, or part Gonzales v. COMELEC, G.R. No. L-28196, Nov. 9, 1967: A plebiscite may be held on
thereof, passed by Congress. the same day as a regular election The people must be sufficiently informed of the
b. Referendum on Local Law – Refers to a petition to approve or reject a law, amendments to be voted upon, for them to conscientiously deliberate thereon, to
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express their will in a genuine manner. Submission of piece-meal amendments is honored by the people and recognized by law.
unconstitutional. 2. The country’s name, national anthem and government seal, Art. XVI, Sec. 2
Symbols of nationality
Tolentino v. COMELEC, G.R. No. L-34150, Oct. 16, 1971: All amendments must be 1. Philippine Flag – the flag may be changed by constitutional amendment;
submitted for ratification in one plebiscite only. The people have to be given a 2. Name for the country;
proper frame of reference in arriving at their decision. 3. National anthem; and
4. National seal
4. Frequency of amendment/ratification under People’s Initiative: once every 5 Congress may adopt, by law, new symbols in numbers 2, 3 and 4. Such law shall
years (Sec. 2, Art. XVII) take effect only upon its ratification by the people in a national referendum
3. The Armed Forces of the Philippines
5. Judicial review of the amending process, Art. VIII, Sec. 1, paragraph 1 Concept of a citizen army, Art. XVI, Sec. 4
Lambino v. COMELEC, 505 SCRA 160: The Court. may exercise judicial review over It shall be composed of a citizen armed force, which shall undergo military training
any matter relative to the process of amending or revising the Constitution. and serve, as may be provided by law. It shall keep a regular force necessary for
Revision of the Constitution cannot be carried out through People’s Initiative. the security of the state (1987 Constitution, Art. XVI, Sec. 4).
Regulation of the armed forces, Art. XVI, Sec. 5, Art. XVIII, Sec. 24
D. Self-Executing and Non- self -executing Provisions It shall be insulated from partisan politics. No member of the military shall engage
A self-executing provision is one which is complete by itself and becomes operative directly or indirectly in any partisan political activity, except to vote.
without the aid of supplementary or enabling legislation, or that which supplies Period of the tour of duty of the Chief of Staff
sufficient rule by means of which the right it grants may be enjoyed or protected; General Rule: It shall not exceed three (3) years.
nature and extent of the right conferred and the liability imposed are fixed by the Exception to the Rule: It can be extended by the President during times of war or
Constitution itself and there is no language indicating that the subject is referred to any other national emergency, provided that the existence of such is declared by
the legislature for action. the Congress (1987 Constitution, Art. XVI, Sec. 5).
Manila Prince Hotel v. GSIS, G.R. 122156, February 3, 1997:The general rule is a 4. The national police, Art. XVI, Sec. 6
constitutional provision is self-executory unless the provision provides otherwise. Command responsibility is applicable to the chain of command in the PNP
A contrary rule would give the legislature discretion to determine when, or structure.
whether, they shall be effective. These provisions would be subordinated to the 5. The retirement and other benefits: War veterans, Art. XVI, Sec. 7; and
will of the lawmaking body, which could make them entirely meaningless by simply 6. Government and private sector retirees, Art. XVI, Sec. 8
refusing to pass the needed implementing statute. Congress to adopt laws to improve the conditions of war veterans and government
Belgica v. Ochoa (G.R. Nos. 208566, 208493 and 209251, November 13, 2013):Non- and private sector retirees.
self –executing provisions are provisions, which need congressional action to take 7. Consumer protection, Art. XVI, Sec. 9
effect. There is a need for Congress to define There must be a continuing effort to protect consumers to ensure proper
standards in products.
E. General Provisions 8. Mass and advertising media, Art. XVI, Sec. 10
1. The Philippine flag, Art. XVI, Sec. 1 Ownership and management of mass media, Art. XVI, Sec. 11(1) 100% Filipino
It shall be red, white, and blue, with a sun and three stars, as consecrated and Ownership of advertising companies, Art. XVI, Sec. 11(1), Art. XVIII, Sec. 23: 70%
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 2018 Political Law Review Course Syllabus

Filipino Internal waters of the Philippines consist of waters around, between and
connecting the islands of the Philippine Archipelago, regardless of their breadth
2 II. General Considerations and dimensions, including the waters in bays, rivers and lakes. No right of
A. National Territory innocent passage for foreign vessels exists in the case of internal waters. (Harris,
The National Territory, Article I, Philippine Constitution Cases and Materials on International Law, 5 th ed., 1998, p. 407).
Archipelagic Doctrine Arigo v. Swift: A foreign-owned vessel may pass through territorial waters when
The waters around, between, and connecting the islands of the archipelago, it is performing a governmental function.
regardless of their breadth and dimensions, form part of the internal waters of Under UNCLOS, however, warships enjoy a right of innocent passage when a
the Philippines (1987 Constitution, Art. I). portion of the territorial water of the coastal state is used for international
Under the Archipelagic Doctrine, the outermost points of the Philippine navigation.
archipelago are connected with straight baselines and consider all the waters Article 42(2) of UNCLOS provides that there shall be no suspension of innocent
enclosed thereby as internal waters. The entire archipelago is regarded as one passage through straits used for international navigation. The right of the coastal
integrated unit instead of being fragmented into so many thousand islands (Cruz state to suspend the same requires that the coastal nation must publish the
and Cruz, Philippine Political Law, p. 24). same and without any publication, it cannot insist to suspend the use of such
The main purpose of the archipelagic doctrine is to protect the territorial body of water. A claim that suspension of innocent passage is necessary for
interests of an archipelago, its territorial integrity. Without it, there would be national security may be cited by the coastal state. Upon the other hand, if a war
“pockets of high seas” between some of our islands and islets, thus foreign ship delayed its right of innocent passage, the same may justified under Article
vessels would be able to pass through these “pockets of seas” and would have 18(2) of UNCLOS if the delay was caused by rendering assistance to persons or
no jurisdiction over it. ship in distress.
The Philippine Archipelago Contiguous zone is the zone contiguous to the territorial sea and extends up to
Treaty limits Treaty of Paris, Art. III twelve nautical miles from the territorial sea and over which the coastal state
Method of determining baselines underR.A. No. 3046, June 17, 1961 based on may exercise control necessary to prevent infringement of its customs, fiscal,
Treaty between Spain and U.S. concluded at Washington on November 7, 1900 immigration or sanitary laws and regulations within the territory or territorial
and that between U.S. and Great Britain on January 2, 1930 sea. (Article 33 of UNCLOS)
R.A. No.5446, September 8, 1968 amended R.A. 3046 to correct typographical Exclusive Economic Zone is the zone extending up to 200 nautical miles from the
errors therein and to redefine the baselines of the territorial sea of the baselines of a state over which the coastal state has sovereign rights for the
Philippines; and R.A. No. 9522 otherwise known as the Philippine Archipelagic purpose of exploring and exploiting, conserving and managing its natural
Baselines Law, March 10, 2009, using the straight line approach and covered the resources, whether living or non-living, of the waters super adjacent to the
Kalayaan Island Group under P.D. No. 1596 ( June 11, 1978) and Bajo de seabed and of the seabed and subsoil and with regard to other activities for the
Masinloc also known as Scarborough Shoal as the Regime of Islands over which economic exploitation and exploration of the zone. (Articles 56 and 57, UNCLOS)
Philippines exercises sovereignty and jurisdiction consistent with Article 121 of Refer of Article I (National Territory) for Continental Shelf and Territorial Waters
the UNCLOS. Freedom of Navigation is part of customary law in public international law.
Flag state means a ship has the nationality of the flag of the state it flies, but
Relevant provisions of the U.N. Convention on the Law of the Seas, April 30, there must be a genuine link between the state and the ship. (Article 91,
1982: UNCLOS)
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 2018 Political Law Review Course Syllabus

Flag of convenience refers to a state with which a vessel is registered for various which the right depends.”
reasons such as low or non-existent taxation or low-operating costs although the Another justification is the practical consideration that demands and
ship has no genuine link with that state. (Harris, ibid p.425) inconveniences of litigation will divert the time and resources of the State from
the more pressing matters, demanding its attention, to the prejudice of the
Nature of Space occupied by a Foreign Embassy public welfare (Cruz and Cruz, Philippine Political Law, p. 48).
William C. Reagan v. CIR, G.R. No. L-26379, Dec. 27, 1969. While foreign Department of Agriculture v. NLRC, 227 SCRA: governmental function (an act of
embassies retain their status as native soil. They are still subject to Philippine sovereignty) distinguished with proprietary function (a commercial act or an
authority. Its jurisdiction may be diminished, but it does not disappear. The activity from which government derives income)
same situation holds true with the lease to the American Armed Forces under Liang v. People, G.R. No. 125865. January 28, 2000: an officer of the Asian
the Military Bases Agreement of 1947. They are not and cannot be considered as Development Bank may not invoke immunity if his personal acts are directed
foreign territory. against a fellow employee and does not pertain to the discharge of his official
The ground occupied by an embassy is not in fact the territory of the foreign duty.Courts cannot blindly adhere and take on its face the communication from
State to which the premises belong through possession or ownership. The the DFA that petitioner is covered by any immunity. The DFAs determination
lawfulness or unlawfulness of acts they committed is determined by the that a certain person is covered by immunity is only preliminary which has no
territorial sovereign. If an attaché commits an offense within the precincts of an binding effect in courts. In receiving ex-parte the DFAs advice and in motu
embassy, his immunity from prosecution is not because he has not violated the proprio dismissing the two criminal cases without notice to the prosecution, the
local law, but rather for the reason that the individual is exempt from latter’s right to due process was violated. It should be noted that due process is
prosecution. If a person not so exempt, or whose immunity is waived, similarly a right of the accused as much as it is of the prosecution. The needed inquiry in
commits a crime therein, the territorial sovereign, if it secures custody of the what capacity petitioner was acting at the time of the alleged utterances
offender, may subject him to prosecution, even though its criminal code requires for its resolution evidentiary basis that has yet to be presented at the
normally does not contemplate the punishment of one who `commits an offense proper time.
outside of the national domain. It is not believed, therefore, that anambassador 2. When a suit is against the state and when it is not
himself possesses the right to exercise jurisdiction, contrary to the will of the Arigo v. Swift, G.R. No. 206510, Sept. 16, 2014: All states are sovereign equals
State of his sojourn, even within his embassy with respect to acts there and cannot assert jurisdiction over one another, consonant with the public
committed. Nor is there apparent at the present time any tendency on the part international law principle of par in parem non habet imperium. A contrary
of States to acquiesce in his exercise of it. disposition would "unduly vex the peace of nations."
Garcia v. Chief of Staff, G.R. No. L-20213, January 31, 1966: The rule is that if the
B. Sovereign/ State Immunity judgment against such officials will require the state itself to perform an
1. Basis, Art. XVI, Sec. 3 affirmative act to satisfy the same, the suit may be regarded as against the state
Basis of the Doctrine of State Immunity itself although it has not been formally impleaded. 3. Consent; Manner by which
It is obvious that indiscriminate suits against the state will result in the consent is given
impairment of its dignity, besides being a challenge to its supposed infallibility.
To Justice Holmes, however, the doctrine of non-suability is based not on “any Accreditation; reciprocity; treaty obligation
formal conception or obsolete theory but on the logical and practical ground GTZ v. CA, 585 SCRA 150: claim of immunity by a foreign entity
that there can be no legal right against the authority which makes the law on Arigo v. Swift, G.R. No. 206510, Sept. 16, 2014:The VFA is an agreement that
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 2018 Political Law Review Course Syllabus

defines the treatment of United States troops and personnel visiting the Special law
Philippines to promote “common security interests” between the US and the Callado, v. IRRI, G.R. No. 106483, May 22, 1995: By virtue of PD 1620, the grant
Philippines in the region. The invocation of US federal tort laws and even of immunity to IRRI is clear and unequivocal, and an express waiver by its
common law is thus improper considering that it is the VFA, which governs Director General is the only way by which it may relinquish or abandon this
disputes involving US military ships and crew navigating Philippine waters in immunity.
pursuance of the objectives of the agreement. However, the waiver of State Express consent: when government institutes action in court
immunity under the VFA pertains only to criminal jurisdiction and applicable only Yujuico. Atienza, 472 SCRA 463: filing of an expropriation case allows the court
to US personnel under VFA and not to special civil actions such as the present to have jurisdiction over a local government unit
petition for issuance of a Writ of Kalikasan. The principle of State immunity
therefore bars the exercise of jurisdiction by this Court over the persons of the Money claims arising from contracts
U. S. government covered by the VFA. Republic v. Hidalgo, 534 SCRA 619: fixing lease is a factual matter for
Remedy of a person who feels aggrieved by the acts of a foreign government determination of the trial court and not the Supreme Court
Holy See v. Rosario, G.R. No. 101949, Dec. 1, 1994:.Under both Public
International Law and Transnational Law, a person who feels aggrieved by the Torts committed by special agents under the Civil Code, Art. 2180 (Consent to be
acts of a foreign sovereign can ask his own government to espouse his cause sued includes actions for tort)
through diplomatic channels. Teotico v. City of Manila, 22 SCRA 267 (1968): A local government unit
See ruling in Barcelona Traction case under Public International Law may be held liable for quasi-delict under a special provision of the Civil
Code.
Express Consent
General law Incorporation of government owned or controlled corporations
a. Act No. 3083 and CA 327 as amended by Sections49-50, PD 1445 – Money PNR v. Kanlaon Construction, Inc., G.R. No. 182967, Apr. 6, 2011: Liability under
claims arising from contracts which could serve as a basis of civil action a contract can only attach if all requirements of law may been fully satisfied; a
between private parties to be first filed with COA before a suit may be filed government corporation may not be held liable for payment of an obligation if
in court. The COA must act upon the claim within 60 days. Rejection of the the project covering such obligation is not included in the approved budget of
claim authorizes the claimant to elevate the matter to the Supreme Court the agency.
on certiorari. Spouses Jayme v. Apostol G.R. No. 163609, Nov. 27, 2008: Liability cannot attach
b. Art. 2180, NCC – Tort committed by special agent; if the public official is acting as a special agent of government, performing a
c. Art. 2189, NCC – LGUs liable for injuries or death caused by defective governmental function
condition of roads or public works under their control (City of Manila v.
Teotico, et al., G.R. No. L-23052, January 29, 1968); Implied consent
d. Sec. 22(2), RA 7160, LGC of 1991 – LGUs have power to sue and be sued; When the Government enters into business contracts
and EPG Construction v. DPWH Sec. Vigilar, 354 SCRA 566: Government can be held
e. Sec. 24 of LGC – LGUs and their officials are not exempt from liability for liable for non-payment of just obligation under a contract
death or injury or damage to property.
When it would be inequitable for the government to claim immunity
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Department of Education v. Oñate 524 SCRA 200: government agency can be C.GENERAL PRINCIPLES AND STATE POLICIES
held liable if continued enjoyment of use of a “donated” property would impair General Rule: The state principles and policies enunciated in the Constitution
the enjoyment of property rights of a private individual; read on the concept of are guidelines and are intended to be self-executing principles.
unjust enrichment and the principle of inequity Purpose: They serve as aids or guides to the legislature in the enactment of
laws, for the executive in the implementation of laws and for the
4. Scope of Consent judiciary in its exercise of its power of judicial review. (Tondo Medical
Chavez v. Sandiganbayan, 193 SCRA 282: a public officer cannot be held liable Center Employees Assn. v. Court of Appeals, 527 SCRA 746)
under a counterclaim in a pending case when he is performing a governmental 1. Principles
function 1.1. Sovereignty of the People and Republicanism (Art. II, Sec. 1 and Art. V)
Macquiling v. COMELEC, G.R. No. 195649, July 2, 2013: to govern, one must have
Rule on Garnishment of Public Funds under a Contract the necessary qualifications; effect of filing a void Certificate of Candidacy
U.P. v. Hon. Dizon, 679 SCRA 54(2012): U.P. is a government instrumentality and Arnado vs. COMELEC and Captain, G.R. No. 210164, August 18, 2015, the Court
its funds cannot be diverted for any other purpose except for those ruled: "Under Section 4(d) of the Local Government Code, a person with "dual
appropriated by Congress. The remedy of the party is to file its claim before the citizenship" is disqualified from running for any elective local position.
COA. 1.2. Adherence to International Law (Preamble, Art. II, Sec. 2, Sections 7-8)
Buisan v. COA, 816 SCRA 346 (2017): COA denied the money claims of the Philip Morris, Inc. v. CA, G.R. No. 91332, July 16, 1993: The fact that the
Petitioners in the total amount of P122,051,850.00 for the construction of the international law has been made part of the law of the land does not necessarily
Liguasan Cut-off Channel (Project) in Tunggol, Pagalungan, Maguindanao.COA imply the primacy of international law over national law in the municipal
held that for the petitioners’ failure to file their money claims within a sphere.Petitioners may have the capacity to sue for infringement irrespective of
reasonable time, they are deemed to have committed laches. Furthermore, the lack of business activity in the Philippines on account of Section 21-A of the
petitioners’ cause of action had already prescribed in view of Article 1146 of the Trademark Law but the question whether they have an exclusive right over their
Civil Code. symbol as to justify issuance of the controversial writ will depend on actual use
The Doctrine of Non-Suability of State insulates the DPWH, a governmental of their trademarks in the Philippines in line with Sections 2 and 2-A of the same
entity, from claims of damages. It is a fundamental postulate of law. It is thus incongruous for petitioners to claim that when a foreign
constitutionalism flowing from the juristic concept of sovereignty that the State, corporation not licensed to do business in Philippines files a complaint for
as well as its government, is immune from suit unless it gives its consent. The infringement, the entity need not be actually using its trademark in commerce in
rule, in any case, is not absolute for it does not say that the State may not be the Philippines. Such aforeign corporation may have the personality to file a suit
sued under any circumstances. The doctrine only conveys “the state may not be for infringement but it may not necessarily be entitled to protection due to
sued without its consent;” its clear import then is that the State may at times be absence of actual use of the emblem in the local market.
sued. Enforceability in the Philippines of Final Judgments of Foreign Courts
As the state’s engineering and construction arm, the DPWH exercises Republic v. Mupas, G.R. No. 181892, Sept. 8, 2015: In the course of the RTC
governmental functions that effectively insulate it from any suit, much less from expropriation proceedings, the RTC allowed Takenaka and Asahikosan
any monetary liability. tointervene in the case. Takenaka and Asahikosan based theirintervention on
the foreign judgments issued in their favor in the two collection cases that they
filed against PIATCO {London awards). Takenaka and Asahikosan asked the RTC
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 2018 Political Law Review Course Syllabus

to: (a) hold in abeyance the release of just compensation to PIATCO until the our own laws. One of the oldest and most fundamental rules in international law
London awards are recognized and enforced in the Philippines; and (b) order is pacta sunt servanda -- international agreements must be performed in good
that the just compensation be deposited with the RTC for the benefit of faith.
PIATCO's creditors. A treaty engagement is not a mere moral obligation but creates a legally binding
The Supreme Courtheld that it can only recognize and/or enforce a foreign obligation on the parties. By their inherent nature, treaties really limit or restrict
judgment or order after a conclusive and a final finding by Philippine courts that: the absoluteness of sovereignty. By their voluntary act, nations may surrender
1. the foreign court or tribunal has jurisdiction over the case, some aspects of their state power in exchange for greater benefits granted by or
2. the parties were properly notified, and derived from a convention or pact.
3. there was no collusion, fraud, or clear mistake of law or fact. The sovereignty of a state therefore cannottruly be considered absolute. Certain
BPI v.Guevarra,G.R. No. 167052, March 11, 2015).It is an established restrictions enter into the picture: (1) limitations imposed by the very nature of
international legal principle that final judgments of foreign courts of competent membership in the family of nations and (2) limitations imposed by treaty
jurisdiction are reciprocally respected and rendered efficacious subject to certain stipulations.
conditions that vary in different countries. In the Philippines, a judgment or final 1.3. Supremacy of Civilian Authority (Art. II, Sec. 3, Art. VII, Sec. 18, Art. XVI, Sec.
order of a foreign tribunal cannot be enforced simply by execution. Such 5(4), Art. XVI, Sec. 5(2))
judgment or order merely creates a right of action, and its non-satisfaction is the Constitutional provisions which ensure civilian supremacy
cause of action by which a suit can be brought upon for its enforcement. 1. By the installation of the President, the highest civilian authority, as the
Secretary of Justice v. Judge Lantion, 343 SCRA 377: The Court said that the commander-in-chief of all the armed forces of the Philippines (1987
individual citizen is but a speck of particle or molecule vis-à-vis the vast and Constitution, Art. VII, Sec. 18).
overwhelming powers of government. His only guarantee against oppression 2. Through the requirement that members of the AFP swear to uphold and
and tyranny are his fundamental liberties under the Bill of Rights, which shield defend the Constitution, which is the fundamental law of a civil government
him in timesof need. The Court was called upon to decide whether to uphold a (1987 Constitution, Art. XVI, Sec. 5, Par. 1).
citizen's basic due process rights, or the government's ironclad duties under a
treaty.  1.4. Government as Protector of the People and People as Defender of the State
In a situation where the conflict is irreconcilable and a choice has to be made (Art. II, Sec. 4 and Sec. 5)
between a rule of international law and municipal law, jurisprudence dictates People v. Zosa, G.R. No. L-45892-93, July 13, 1938: One cannot avoid compulsory
that municipal law should be upheld by the municipal courts (Ichong vs. military service by invoking one’s religious convictions or by saying that he has a
Hernandez, 101 Phil. 1155 [1957]; Gonzales vs. Hechanova, 9 SCRA 230 [1963]; sick father and several brothers and sisters to support. Accordingly, the duty of
In re: Garcia, 2 SCRA 984 [1961]). government to defend the State cannot be performed except through an army.
Doctrine of Auto Limitation To leave the organization of an army to the will of the citizens would be to make
Angara, G.R. No. 118295, May 2, 1997: While sovereignty has traditionally been this duty to the Government excusable should there be no sufficient men who
deemed absolute and all-encompassing on the domestic level; it is however volunteer to enlist therein. The right of the Government to require compulsory
subject to restrictions and limitations voluntarily agreed to by the Philippines, military service is a consequence of its duty to defend the State and is reciprocal
expressly or impliedly as a member of the family of nations. with its duty to defend the life, liberty, and property of the citizen.
By the doctrine of incorporation, the country is bound by generally accepted 1.5. Separation of Church and State (Art. II, Sec. 6, Art. III, Sec. 5, Art. IX, C, 2 (5),
principles of international law, which are considered to be automatically part of and Art. VI, Sec. 5 (2))
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Provisions of the Constitution that support the principle of separation of Church applied, paid, or employed, directly or indirectly, for the use, benefit, or support
and State: of any sect, church, denomination, sectarian institution, or system of religion, or
1. Art. III, Sec. 5: “No law shall be made respecting an establishment of religion, of any priest, preacher, minister, or other religious teacher, or dignitary as such,
or prohibiting the free exercise thereof. The free exercise and enjoyment of except when such priest, preacher, minister, or dignitary is assigned to the
religious profession and worship, without discrimination or preference, shall armed forces, or to any penal institution, or government orphanage or
forever be allowed. No religious test shall be required for the exercise of civil or leprosarium.”
political rights.” 3. Art. XIV, Sec. 3[3]: “At the option expressed in writing by the parents or
2. Art. VI, Sec. 5[2]: “The party-list representatives shall constitute twenty per guardians, religion shall be allowed to be taught to their children or wards in
centum of the total number of representatives including those under the party public elementary and high schools within the regular class hours by instructors
list. For three consecutive terms after the ratification of this Constitution, one- designated or approved by the religious authorities of the religion to which the
half of the allocated to party-list representatives shall be filled, as provided by children or wards belong, without additional cost to the Government.”
law, by selection or election from the labor, peasant, urban poor, indigenous 4. Art. XIV, Sec. 4[2]: “Educational institutions, other than those established by
cultural communities, women, youth, and such other sections as may be religious groups and mission boards, shall be owned solely by citizens of the
provided by law, except the religious sector. Philippines or corporations or associations at least sixty per centum of the
3. Art. IX-CI, Sec. 2[5]: “Register, after sufficient publication, political parties, capital of which is owned by such citizens. The Congress may, however, require
organizations, or coalitions which, in addition to other requirements, must increased Filipino equity anticipation in all educational institutions.”
present their platform or program of government; and accredit citizens' arms of
the Commission on Elections. Religious denominations and sects shall not be Theories on the separation of church and state:
registered. Those which seek to achieve their goals through violence or unlawful 1. Separation Standard- May take the form of either (a) strict separation or
means, or refuse to uphold and adhere to this Constitution, or which are (b) the tamer version of strict neutrality, or what Justice Carpio refers to
supported by any foreign government shall likewise be refused registration. as the second theory of governmental neutrality. a.
Financial contributions from foreign governments and their agencies to political a. Strict Separationist– The establishment clause was meant to protect the
parties, organizations, coalitions, or candidates related to elections, constitute State from the church, and the State’s hostility towards religion allows
interference in national affairs, and, when accepted, shall be an additional no interaction between the two.
ground for the cancellation of their registration with the Commission, in addition b. Strict Neutrality Approach– It is not hostility towards religion, but a strict
to other penalties that may be prescribed by law.” holding that religion may not be used as a basis for classification for
purposes of governmental action, whether the action confers rights or
privileges or imposes duties or obligations. Only secular criteria may be
Exceptions: Art. VI, Sec. 28(3) and Sec. 29(2); Art. XIV, Sec. 3(3) and Sec. 4(2) the basis of government action. It does not permit; much less require
accommodation of secular programs to religious belief.
1. Art. VI, Sec. 28[3]: “Charitable institutions, churches and parsonages or 2. Benevolent Neutrality Approach– The “wall of separation” is meant to protect
convents appurtenant thereto, mosques, non-profit cemeteries, and all lands, the church from the State. It believes that with respect to governmental actions,
buildings, and improvements, actually, directly, and exclusively used for accommodation of religion may be allowed, not to promote the government’s
religious, charitable, or educational purposes shall be exempt from taxation.” favored form of religion, but to allow individuals and groups to exercise their
2. Art. VI, Sec. 29[2]: “No public money or property shall be appropriated, religion without hindrance (Estrada v. Escritor, A.M. No. P-02-1651, June 22,
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2006).
2. Policies 2.12. The Family as a Basic Autonomous Social Institution (Art. II, Sec. 12, Art. XV,
2.1.Independent foreign policy and a nuclear-free Philippines (Art. II, Sections 7- The Family; Art. II, Sec. 13)
8 and Art. XVIII, Sections 4 and 25) See Civil Code, Art. 52: Marriage is not a mere contract but an inviolable social
Saguisag v. Executive Secretary Ochoa: nature of agreements which cover institution.
presence of foreign military personnel
2.2. A just and dynamic social order (Preamble, Art. II, Sec. 9) 2.13. A self-reliant and independent economic order (Art. II, Sec. 19, Sec. 20);
Art. XII National Economy and Patrimony
2.3.The promotion of social justice (Art. II, Sec. 10, Art. XIII, Sections 1-2, Art. II, Manila Prince Hotel v. GSIS, 267 SCRA 408: preferential treatment of
Sec. 26 and Art. VII, Sec. 13, par. 2) Filipinos
Heirs v. Gamboa v. Sec. Teves, 652 SCRA 640: grandfather rule will apply to
2.4. Respect for human dignity and human rights (Art. II, Sec. 11, Art. III, Sections determine control of Filipino citizens in a corporation classified as public utility
17-19, and Art. XVI, Sec. 5(2)) provider.
Roy v. SEC Herbosa, G.R. No. November 22, 2016: the term 'capital' in Section
2.5. Fundamental equality of women and men (Art. II, Sec. 14; Art. XIII, Sec. 14) 11, Article XII of the 198 7 Constitution refers only to shares of stock entitled to
vote in the election of directors, and thus in the present case only to common
2.6. Promotion of health (Art. II, Sections 15-16 and Art. XIII, Sections 11-13) shares, and not to the total outstanding capital stock (common and non-voting
Oposa v. Factoran: the present generation must ensure that the future preferred shares )."The Court adopted the foregoing definition of the term
generations can enjoy the natural resources which now benefit the present "capital" in Section 11, Article XII of the 1987 Constitution in furtherance of "the
generation (intergenerational responsibility) intent and letter of the Constitution that the 'State shall develop a self-reliant
and independent national economy effectively controlled by Filipinos' [because
2.7. The priority of education, science, technology, arts, culture and sports (Art. a] broad definition unjustifiably disregards who owns the all-important voting
II, Sec. 17; and Art. XIV, Sec. 2) stock, which necessarily equates to control of the public utility."
IDEALS, Inc. v. PSALM, G.R. No. 192088, October 9, 2012: Foreign ownership of a
2.8. Urban land reform and housing, (Art. XIII, Sections 9-10) hydropower facility is not prohibited under existing laws.

2.9. Reform in agriculture and other natural resources (Art. II, Sec.21; Art. XIII, 2.14. Communication and information in nation-building (Art. II, Sec. 24, Art. XVI,
Sec. 4-8) Sections 10-11, Art. XVIII, Sec. 23)

2.10. Protection of Labor (Art. II, Sec. 18 and Art. XIII, Sec. 3) 2.15. Autonomy of local government (Art. II, Sec. 25, Art. X Local Government)
The right of employees from the private and public sectors to form unions,
associations and societies not contrary to law (Art. III, Sec. 8; Art. IX, B, Sec. 2(5) 2.16. Recognition of the rights of indigenous cultural communities (Art. II, Sec.
22, Art. VI, Sec. 5(2), Art. XII, Sec. 5, Art. XIII, Sec. 6, Art. XIV, Sec. 12)
2.11. Independent people’s organizations (Art. II, Sec. 23; Art. XIII, Sections 15- Protection of Ancestral Lands of Indigenous Communities (1987 Constitution,
16) Art. XII, Sec. 5).
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Application of Principles of Agrarian Reform and Stewardship to Indigenous Tano et. al. v. Socrates et. al., G. R. No. 110249: protection of marine resources
Communities and Landless Farmers (1987 Constitution, Art. XIII, Sec. 65). c.Urban land reform and housing, Art. XIII, Sections 9-10
Preservation and Development of the Culture, Traditions, and Institutions of City of Mandaluyong v. Aguilar, 350 SCRA487: choice of site for public housing
Indigenous Communities (1987 Constitution, Art. XIV, Sec. 17). d. Health, Art. XIII, Sections 11-13
Consolidated Petitions: Province of Cotabato v. G.R.P.: the right to self- e. Women, Art. XIII, Sec. 14: maternal function of women
determination
3.3. People’s organizations, Art. XIII, Sec. 15
2.17. Honest Public Service and Full Public Disclosure (Art. II, Sec. 27, Art. XI,
Sections 4, 5-15), Art. II, Sec. 28, Art. XI, Sec. 17, Art. VII, Sec. 12, Art. VII, Sec. 20, 3.4. Education
Art. XII, Sec. 21, Art. XII, Sec. 2, par. 5, Art. VI, Sections 12 and 20, Art. IX, D, Sec. Development of national talents consisting of Filipino scientists, entrepreneurs,
4, and Art. III, Sec. 7) professionals, managers, high-level technical manpower and skilled workers and
craftsmen (1987 Constitution, Art. XII, Sec. 14).
The 1987 Constitution provides for a policy of transparency relating to matters Mandate on educational institutions [1987 Constitution, Art. XIV, Sec. 3(4)].
of public interest: Priority to research and development, invention, innovation of science and
1. Policy of full public disclosure of government transactions (1987 Constitution, technology (1987 Constitution, Art. XIV, Sec. 10).
Art. II, Sec. 28). Incentives, tax deductions, and scholarships to encourage private participation in
2. Right to information on matters of public concern (1987 Constitution, Art. III, programs of basic and applied scientific research (1987 Constitution, Art. XIV,
Sec. 7). Sec. 11).
3. Access to the records and books of account of the Congress (1987 Encouragement of widest participation of private groups, local governments,
Constitution, Art. VI, Sec. 20). and organizations in the generation and utilization of science and technology
4. Submission of Statement of Assets, Liabilities, and Net worth (1987 (1987 Constitution, Art. XIV, Sec. 12).
Constitution, Art. XI, Sec. 17). a. Right to quality education, Art. XIV, Sec. 1
5. Access to information on foreign loans obtained or guaranteed by the Miriam College v. CA 348SCRA 215: use of indecent/ vulgar language as a
government (1987 Constitution, Art. XII, Sec. 21). ground for expulsion
These provisions on public disclosures are intended to enhance the role of the b. Educational mandate of the state, Art. XIV, Sec. 2, Sec. 5
citizenry in governmental decision-making as well as in checking abuse in University of San Agustin v. CA 270 SCRA 761: effect of failure to comply with
government (Valmonte v. Belmonte, G.R. No. 74930, Feb. 13, 1989). academic standards
c. The educational system, Art. XIV, Sec. 3, Sec. 4
3. Social Justice, Human Rights and other Guaranteed Rights Ateneo v. Capulong 222 SCRA 643: power of the school to discipline students
3.1. Social Justice defined, Art. XIII, Sec. 1, Sec. 2 involved in violent fraternity initiation rites
Calalang v. Williams, 70 Phil. 726 (1940) Read: Definition of social justice
3.5. Language, Art. XIV, Sections 6-9
3.2. Aspects of social justice National Language: Filipino
a. Labor, Art. XIII, Sec. 3 Official Language: Filipino and English
b. Agrarian and natural resources reform, Art. XIII, Sections 4-8 Auxiliary official languages: regional languages
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Voluntary and optional languages: Spanish and Arabic

D. Doctrine of Separation of Powers
3.6. Science and technology, Art. XIV, Sections 10-13 The doctrine of separation of powers is a principle of government under which
Development of national talents consisting of Filipino scientists, entrepreneurs, three separate branches of government are empowered to carry out functions
professionals, managers, high-level technical manpower and skilled workers and without interference or encroachment from another branch.
craftsmen (1987 Constitution, Art. XII, Sec. 14). Angara v. Electoral Tribunal, 63 Phil. 139, 158 (1936): under the principle of
Mandate on educational institutions [1987 Constitution, Art. XIV, Sec. 3(4)]. separation of powers, the Supreme Court will have to await the termination of
Priority to research and development, invention, innovation of science and the proceedings before the Electoral Tribunal for it to take cognizance of the
technology (1987 Constitution, Art. XIV, Sec. 10). case.
Incentives, tax deductions, and scholarships to encourage private participation in Pimentel v. Joint Committee of Congress, G.R. No. 163783, June 22, 2004: The
programs of basic and applied scientific research (1987 Constitution, Art. XIV, Congress is a continuing body and must fulfill its constitutional mandate to
Sec. 11). conduct the presidential canvass of votes even it if is in recess. The
Encouragement of widest participation of private groups, local governments, Senate  shall  convene  in joint session  during any voluntary or  compulsory
and organizations in the generation and utilization of science and technology recess  to canvass the votes for President and Vice-President  not later than thirty
(1987 Constitution, Art. XIV, Sec. 12). days after the day of the elections in accordance with Section 4, Article VII of the
Constitution.
3.7. Arts and Culture, Art. XIV, Sections 14-18 Belgica et. al. v. Executive Secretary et. al. G.R. No. 208566, Alcantara et. al. v.
Knights of Rizal v. DMCI Homes, Inc., 824 SCRA 327 (2017): The Venice Charter is Drilon et. al. G.R. No. 208493, and Nepomuceno et. al. v. Pres. Aquino et. al., G.R.
merely a codification of guiding principles for the preservation and restoration of No.209251, Nov. 19, 2013: Congress is the sole entity authorized to enact the
ancient monuments, sites, and buildings. It brings together principles in the field General Appropriations Act; the President may exercise veto powers over any
of historical conservation and restoration that have been developed, agreed provision of the GAA; Congress cannot delegate its power to appropriate; the
upon, and laid down by experts over the years. Each country, however, remains Executive Branch implements the GAA and Congress cannot have any post
“responsible for applying the plan within the framework of its own culture and enactment participation in the implementation of the GAA.
traditions.” Senate Blue Ribbon Committee v. Majaducon, G.R. No. 136760, July 29, 2003:
The Venice Charter is not a treaty and therefore does not become enforceable The RTC or any court may not do so because that would be violative of the
as law. The Philippines is not legally bound to follow its directive, as in fact, these principle of separation of powers. The principle essentially means that legislation
are not directives but mere guidelines- a set of the best practices and techniques belongs to Congress, execution to the Executive and settlement of legal
that have been proven over the years to be the most effective in preserving and controversies to the Judiciary. Each is prevented from invading the domain of
restoring historical monuments, sites and buildings. the others.
Ampatuan, Jr., v. De Lima, G.R. No. 197291, April 3, 2013: Consistent with the
3.8. Sports, Art. XIV, Sec. 19 principle of separation of powers enshrined in the Constitution, the Court deems
it a sound judicial policy not to interfere in the conduct of preliminary
3.9. The Family, Art. XV investigations, and to allow the Executive Department, through the Department
Imbong et. al. v. Ochoa et. al. (Consolidated Petitions) G.R. No. 204819, April 8, of Justice, exclusively to determine what constitutes sufficient evidence to
2013: Constitutionality of RH Law; exercise of police power; right to privacy establish probable cause for the prosecution of supposed offenders. By way of
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exception, however, judicial review may be allowed where it is clearly it by the Constitution to enforce and administer all laws and regulations relative
established that the public prosecutor committed grave abuse of discretion, that the conduct of elections [Art. IX-C, Sec. 2(1)] (Concurring and Dissenting Opinion
is, when he has exercised his discretion “in an arbitrary, capricious, whimsical or of Justice Puno, Macalintal v. COMELEC, G.R. No. 157013, July 10, 2003).
despotic manner by reason of passion or personal hostility, patent and gross
enough as to amount to an evasion of a positive duty or virtual refusal to In Alejandrino v. Quezon, et al. (46 Phil. 83), the Supreme Court held that it could
perform a duty enjoined by law.” not compel the Senate to reinstate a Senator who assaulted another Senator
How principle is violated: interference to and assumption of another branch’s and was suspended for disorderly behavior, because it could not compel a
functions separate and co-equal department to take any particular action.
Alba v. Demetria, 148 SCRA 208, 209-210, 214-218 (1987): strict adherence to In Osmeña v. Pendatun (109 Phil. 863), it was held that the Supreme Court could
the constitutional process by which an appropriations act must be passed; the not interfere with the suspension of a Congressman for disorderly behavior,
executive branch cannot interfere with the prerogative of the legislative branch because the House of Representatives is the judge of what constitutes disorderly
Consolidated Petitions: Belgica et. al. v. Executive Secretary et. al. G.R. No. behavior. The assault of a fellow Senator constitutes disorderly behavior.
208566, Alcantara et. al. v. Drilon et. al. G.R. No. 208493, and Nepomuceno et. However, under Sec. 1, Art. VIII of the 1987 Constitution, the Supreme Court
al. v. Pres. Aquino et. al., G.R. No.209251, Nov. 19, 2013: legal standing of may inquire whether or not the decision to expel a member of Congress is
petitioners; PDAF is unconstitutional; no cross-border transfer of funds; tainted with grave abuse of discretion amounting to lack or excess of
application of principles of separation of powers and checks and balances; no jurisdiction.
delegation of legislative powers; respect for autonomy of local governments;
political dynasty Corpuz v. People, G.R. No. 180016, April 29, 2014: The primordial duty of the
Republic v. Bayao et. al., G.R. No. 179492, June 5, 2013. The relocation of a Court is merely to apply the law in such a way that it shall not usurp legislative
government center is a prerogative of the executive branch unless the powers by judicial legislation and that in the course of such application or
implementation is contrary to law, morals, public policy and the Court cannot construction, it should not make or supervise legislation, or under the guise of
intervene in the legitimate exercise of such power. interpretation, modify, revise, amend, distort, remodel, or rewrite the law, or
Principle of Blending of Powers give the law a construction which is repugnant to its terms. The Court should
This principle refers to an instance when powers are not confined exclusively apply the law in a manner that would give effect to their letter and spirit,
within one department but are assigned to or shared by several departments. especially when the law is clear as to its intent and purpose. Succinctly put, the
Illustrations of Application of the Principle of Blending of Powers Court should shy away from encroaching upon the primary function of a co-
a. Power of appointment which can be exercised by each department and be equal branch of the Government; otherwise, this would lead to an inexcusable
rightfully exercised by each department over its own administrative personnel; breach of the doctrine of separation of power. (Some Justices of the Supreme
b. General Appropriations Law – President prepares the budget which serves as Court proposed to alter the penalties provided for under RPC on the basis of the
the basis of the bill adopted by Congress; ratio of P1.00 to P100.00, believing that it is not fair to apply the range of
c. Amnesty granted by the President requires the concurrence of the majority of penalties, which was based on the value of money in 1932, to crimes committed
all the members of the Congress; and at present.)
d. Power of the COMELEC to deputize law-enforcement agencies and
instrumentalities of the government for the purpose of ensuring free, orderly, E. The Principle of Checks and Balances
honest, peaceful and credible elections in accordance with the power granted to This principle in constitutional law where there is a system-based regulation that
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allows one branch to limit actions of another branch in keeping with the The BPO issued by the Punong Barangay or, in his unavailability, by any available
doctrine of separation of powers. Barangay Kagawad, merely orders the perpetrator to desist from (a) causing
Alba v. Demetria supra: The President cannot effect any changes in the General physical harm to the woman or her child; and (b) threatening to cause the
Appropriation Act which having the same amended by congress. woman or her child physical harm. Such function of the Punong Barangay is,
Consolidated Petitions: Belgica et. al. v. Executive Secretary, supra: cross-border thus, purely executive in nature, in pursuance of his duty under the Local
transfer of funds is not allowed; Congress cannot delegate the power to legislate Government Code to "enforce all laws and ordinances," and to "maintain public
to the executive branch particularly use of powers intended for the power sector; order in the barangay."
the President cannot allow his veto-powers to be subverted by Congress Application of the Principle:
Consolidated petitions of Araullo v. Aquino, supra: DAP is unconstitutional; strict PHCAP v. Sec. Duque III, 535 SCRA 265 on adoption of Implementing Rules and
observance of how savings under the General Appropriations Act can be aligned; Regulations considering a domestic law and an international instrument to which
power is limited by the Constitution to the President, the Senate President, the Philippines is a party.
Speaker of the House, the Chief Justice, the Heads of the Constitutional Belgica et. al. v. Ochoa et. al. G.R. No. 208566, November 19,2013; the
Commissions (Sec. 25(5), Art. VI) utilization of the “pork barrel fund” (PDAF) by members of Congress coursed
Doctrine of Necessary Implication through the Executive Branch; Congress cannot delegate to the Executive Branch
The Doctrine of necessary implication provides that the exercise of the power the power of appropriation.
may be justified in the absence of an express conferment because the grant of Abakada v. Sec. Purisima, 562 SCRA, 251: Delegation of power to the Secretary
express power carried with it all other powers that may be reasonably inferred of Finance in the implementation of the accretion law for BOC and BIR
from it. employees
People v. Maceren, 169 Phil., 447-448 (1977): Delegation of power; definition
F. Delegation of Powers and scope of the law and penalties to be imposed
General Rule: Potestas delegata non delegari potest (what has been delegated Pichay v. Office of the Deputy Executive Secretary et al., G.R. No. 196425, July 24,
cannot be delegated) 2012. The power of the President to reorganize is a prerogative under his
Exception: The legislative branch can promulgate laws which allows the continuing “delegated legislative authority to reorganize” his own office
creation of administrative agencies to carry out quasi-legislative transactions pursuant to E.O. No.292.
conforming to the following tests: Banda et al. v. Ermita, G.R. No. 166620, April 20, 2010. The power to reorganize
1. Completeness test to ensure that subordinate legislation is germane to the executive offices has been consistently supported by specific provisions in general
purpose of the law. appropriations laws.
2. Sufficient Standard test which deal with the parameters in implementing the
law. Doctrine of Qualified Political Agency
Resident Mammals of Tanon Strait, Gloria Estenzo Ramos and Rose-Liza Eisma-
How law-making power is delegated: suppletory rule-making (filling in details to Osorio, in their capacity as legal guardians and as responsible stewards of God's
ensure enforcement of the law) and contingent rule-making (ascertaining the creations v. Secretary Angelo Reyes et al(G.R. No. 180771, April 21, 2015):Under
facts to bring the law into operation) this doctrine, which recognizes the establishment of a single executive, all
Garcia v. Drilon, G.R. No. 179267, June 25, 2013: There is no undue delegation of executive and administrative organizations are adjuncts of the Executive
judicial power to barangay officials with respect to the authority to issue BPO. Department, the heads of the various executive departments are assistants and
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agents of the Chief Executive, and, except in cases where the Chief Executive is national government exercising a limited degree of power over the domestic
required by the Constitution or law to act in person or the exigencies of the affairs but generally
situation demand that he act personally, the multifarious executive and full discretion of the external affairs of the State.
administrative functions of the Chief Executive are performed by and through 2. As to the existence or absence of title and/or control
the executive departments, and the acts of the Secretaries of such departments, a. De jure – Has a rightful title but no power or control, one that is established of
performed and promulgated in the regular course of business, are, unless a legitimate sovereign.
disapproved or reprobated by the Chief Executive presumptively the acts of the b. De facto– Actually exercises power or control but without legal title (Lawyers
Chief Executive.” League for a Better Philippines v. Aquino, G.R. No. 73748, May 22, 1986).

Permissible Delegation of Powers

Delegation of powers to the President: Kinds of de facto government
1. Emergency powers to the President (Sec. 23(2), Article VI) i. De facto proper– Government that gets possession and control of, or usurps,
2. Fixing of tariff rates (Sec.28(2), Article VI) by force or by the voice of the majority, the rightful legal government and
3. Power of subordinate legislation by Congress with the creation of maintains itself against the will of the latter;
administrative agencies under the Executive Branch. ii. Government of paramount force– Established and maintained by military
G. Forms of Government forces who invade and occupy a territory of the enemy in the course of war; and
“Government” in general defined iii. Independent government– Established by the inhabitants of the country who
Forms: Democracy, Monarchy, Aristocracy, Dictatorship rise in insurrection against the parent State (Co Kim Cham v. Valdez Tan Keh,
“Government of the Philippines” defined G.R. No. L- 5, Sept. 17, 1945).
See Revised Administrative Code, Sec. 2 Distinction between Presidential Form of Government from Parliamentary Form
See Article VII and Article X a. Presidential government– In a presidential form of government, there is
Functions of the Government separation of executive and legislative powers.
1. Constituent – These are powers which are mandatory for the government to The principal identifying feature of a presidential form of government is the
perform because they constitute the very bonds of society. doctrine of separation of powers. In presidential system, the President is both
2. Ministrant – Intended to promote the welfare, progress and prosperity of the the head of State and the head of government.
people. b. Parliamentary government– There is fusion of both executive and legislative
powers in Parliament, although the actual exercise of the executive powers is
Classifications of government vested in a Prime Minister who is chosen by, and accountable to the Parliament.
1. As to the centralization of control Significant Features of a Parliamentary Form of Government -
a. Unitary government– One in which the control of national and local, internal 1. The members of the government or cabinet or the executive arm are, as a
and external, affairs is exercised by the central or national government; rule, simultaneously members of the legislature;
b. Federal government– One in which the powers of the government are divided 2. The government or cabinet consisting of the political leaders of the majority
between two sets of organs, one for national affairs and the other for local party or of a coalition who are also members of the legislature, is in effect a
affairs, each organ being supreme within its own sphere; consists of committee of the legislature;
autonomous local government units merged into a single State, with the 3. The government or cabinet has a pyramidal structure at the apex of which is
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the Prime Minister or his equivalent;

4. The government or cabinet remains in power only for so long as it enjoys the 2. Membership of the Senate: 24 Senators chosen by the qualified voters all over
support of the majority of the legislature; and the Philippines and overseas Filipinos duly registered with Philippine embassies
5. Both the government and the legislature are possessed of control devices and consulates abroad. Senate (Art. VI, Sections 2-4)
which each can demand of the other immediate political responsibility. In the 2.1. Qualifications: To be eligible for the Senate, a person:
hands of the legislature is the vote of non-confidence (censure) whereby Must be a natural born citizen of the Philippines;
government may be ousted. In the hands of the government is the power to Must be at least 35 years old on the day of election;
dissolve the legislature and call for new elections Must be able to read and write;
Must be a registered voter; and
Must be a resident of the Philippines for not less than two years
immediately preceding the day of election. (Sec. 3, Art. VI, 1987
Constitution)
THREE BRANCHES OF GOVERNMEN David v. Senate Electoral Tribunal, 803 SCRA 435 (2016): A losing candidate may
III. Legislative Department question the qualifications of an incumbent Senator.
A. Who may exercise law-making powers? 2.2. Term of Office:A Senator serves for a term of six (6) years and one cannot
1. Congress serve for more than two (2) consecutive terms. (Sec.4, Art. VI)
2. Local Legislative Bodies under the principle of delegation of powers Social Justice Society v. Dangerous Drugs Board, 570 SCRA 411, 416-419, 422-
3. Electorate (people’s initiative on statutes, initiative and referendum) 425 (2008): no other substantive requirement may be prescribed for elective
4. Emergency powers exercised by the President under Martial Law Rule positions
or in a 3. Membership of the House of Representatives: Congressional district
Revolutionary Government representatives and party list members. (Sec.5 (1), (2) and (3), Art. VI, 1987
Constitution)
B. Composition of Congress, Qualifications of Members, and Term of Office 3.1. Qualifications: To be eligible for the House of Representatives, a person:
1. Election of Members: Regular election (Art. VI, Sec. 8) and Special election Must be a natural born citizen of the Philippines;
(Art. VI, Sec.9) Must be at least 25 years old on the day of election;
Elections for Senators and representatives are held in the manner and on the Must be able to read and write;
dates fixed by law. Regular elections of Senators and representatives of HOR is Except for a party list member, must be a registered voter in the district in
held every second Monday of May. (Sec.8, Art. VI) which he shall be elected; andmust be a resident of said district for not less
Commencement of Term of Office: The Constitution provides that the terms of than one year immediately preceding the day of election. (Sec. 6, Art. VI, 1987
office of the Senators and the representatives shall begin at noon of 30 June next Constitution)
following their election. (Sections 4 and 7, Article VI) Ongsiako Reyes v. COMELEC, G.R. No. 207264, June 25, 2013: A member of
Vacancies, how filled: In case of a vacancy in the Senate or the House of Congress must be a natural-born Filipino; there should be no infirmity
Representatives, a special election may be called in the manner prescribed by in the oath taking ceremonies
law, but the senator or representative elected shall serve only for the unexpired 3.2 Apportionment: Each congressional district must have at least a population
term. (Sec.9, Art.VI) of 250,000 inhabitants.
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The total number of party list members must not exceed 20% of the total C. Legislative Privileges and Disqualifications/Inhibitions
number of members of the HOR. Salaries (Art. VI, Sec. 10 and Art. XVIII, Sec. 17)
3.3. Term of Office: Members of the HOR serve for a term of three (3) years and General Rule: Incumbent members of Congress cannot benefit from salary
one cannot serve for more than three (3) consecutive terms. (Sec. 7, Art. VI) increases approved during their term of office.
Sema v. COMELEC, 558 SCRA 700-726, 731-744 (2008): membership; ARMM PHICONSA v. Mathay: 18 SCRA 300-312 (1966): The Court permanently enjoined
Legislative Assembly cannot create political subdivisions reserved to Congress COA from authorizing or passing in audit the payment of the increased salaries
under the Constitution authorized by Republic Act No. 4134 to the Speaker and members of the HOR. It
Aquino and Robredo v. COMELEC, 617 SCRA 623, 630-652 (2010): a held that the law is not operative until December 30, 1969, when the full term of
congressional district must meet the 250,000 inhabitant- threshold all members of the Senate and House that approved will have expired and it also
Aldaba v. COMELEC, 611 SCRA 137 (2010): population should not be based on violates the Constitution.
projection and certification must be issued by head of the Philippine Statistics Ligot v, Mathay, 56 SCRA 823 (1974):The Court dismissed the petition and
Authority, formerly, National Statistics Office (NSO) affirmed the Auditor-General's decision that petitioner as a Congressman whose
3.4. Party list system: allocation of seats and sectoral representation term of office expired on December 30, 1969 and qualified for retirement
Purpose why marginalized sector needs to be represented (Lokin v. COMELEC, benefits by virtue of a minimum of twenty years of government service is entitled
621 SCRA 685) only to benefits effective during his term and cannot benefit from the new law
System of accreditation; procedural aspect; criteria to be considered (Ladlad v. mandating the increase of salaries and benefits approved by Congress during his
COMELEC, G.R. No. 190582, April 8, 2010) incumbency.
Basic parameters of representation: Freedom from Arrest (Art. VI, Sec. 11, Rev. Penal Code, Art. 145): Freedom from
1. The maximum representation of party list members is 20% of all Arrest in all offenses punishable by not more than six years imprisonment while
members. Congress is in session.
2. Each winning party list organization must meet at least the 2% threshold Speech and Debate Clause (Art. VI, Sec. 11)
number of votes of all registered voters. Pobre v. Miriam Defensor-Santiago, A.C.No. 7399, August 25, 2009: a member of
3. Each party list organization can only have a maximum of three seats. Congress may invoke parliamentary immunity in a speech delivered during
(BANAT v. COMELEC) session.
Atong Paglaum v. COMELEC, 694 SCRA 477 (2013): sectoral representation need Disqualifications/Inhibitions
not be limited to the poor or marginalized group; extent of national membership; Incompatible and Forbidden Offices (Art. VI, Sec. 13 and Sec. 14)
performance in party list election process Puyat v. de Guzman, 113 SCRA 32 (1982): an incumbent member of Congress
Ang Ladlad v. COMELEC, G.R.No. 190582, April 8, 2010: While accreditation of cannot engage in the practice of another profession.
party list is the prerogative of COMELEC, the Court, when called upon in proper Other Prohibitions (Art. VI, Sec. 3)
cases, may scrutinize the basis why a party was not accredited. Duty to Disclose (Art. XI, Sec. 17, Art. VI, Sec. 12, Sec. 20)
PGBI v. COMELEC, G.R. No. 190529, April 29, 2010. The COMELEC has the power
to delist a party list on two grounds under Section6 (8) of R.A. 7941. D. Quorum and Rules of Proceedings
Magdalo v. COMELEC, G.R. No. 190793, June 19, 2012. The registration of 1. Quorum (Art. VI, Sec. 16(2))
political parties does not involve administrative liability as it is only limited to the Plenary Sessions:
evaluation of qualifications for registrationof a party. Quorum and Attendance: A quorum is required to conduct business.
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Congress may adjourn from day to day when there is no quorum. U.S. v. Pons, 34 Phil., 729-735 (1916): The courts may not go behind the
It may compel attendance in such a manner it may provide. legislative journals to contradict their veracity. (illegal importation of opium)
It may also impose any punishment it may consider proper on
members who refuse to attend the sessions and whose absence Journal Entry Rule vs. Enrolled Bill Theory
prevents the House from having a quorum. (Sec. 16 (2), Article VI) Morales v. Subido, 27 SCRA 131 (1969):An omission at the time of enactment,
Avelino v. Cuenco, 83 Phil 17 (1949): Physical presence during session is whether careless or calculated, cannot be judicially supplied however much later
required wisdom may recommend the inclusion. (qualification and eligibility to become
2. Rules of proceedings (Art. VI, Sec. 16(3) and Sec. 21) Chief of Police of Manila)
3. Journal and Record (Art. VI, Sec.16 (4)) Astorga v. Villegas, 56 SCRA 714 (1974): The Court held that that the enrolled bill
Both the Senate and HOR are required to keep a journal of their respective theory is based mainly on "the respect due to coequal and independent
proceedings. departments," which requires the judicial department "to accept, as having
The Journal is a complete official record of what transpired in the chambers, passed Congress, all bills authenticated in the manner stated." Thus it has also
including the remarks and speeches made by members, the bills been stated in other cases that if the attestation is absent and the same is not
presented and deliberated upon, the votes cast and the decision of required for the validity of a statute, the courts may resort to the journals and
every matter included in the Agenda for each sessionday. other records of Congress for proof of its due enactment.
Congressional Journals (Sec.16 (4), paragraph 2 Article VI) 4. Sessions
The following matters are required to be included in the Journal: Regular sessions (Art. VI, Sec. 15 and Sec. 16(5))
Votes cast in favor of and those against every motion, bill or other Special sessions (Art. VI, Sec. 15 upon call of the President, Art. VII, Sections 10-
question, when the entry in the journal is requested by 1/5 of the 11 to fill vacancies in the Presidency and Vice Presidency Art. VII, Sec. 18, par. 2,
members present. (Art. VI, Sec.16 (4)) Commander-in-Chief powers
Yeas and nays on third and final reading of a bill (Art. VI, Sec. 26[2]) David v. Arroyo, G. R. No. 171396, May 3, 2006: emergency powers of the
Veto message of the President (Art. VI, Sec. 27[1]) President can be exercised pursuant to Sec.23 (2), Art. VI and Sec. 19, Art. VII
Yeas and nays on the repassing of a bill vetoed by the President (Art. VI, Sanlakas v. Executive Secretary, 421 SCRA 656: calling out powers of the
Sec. 27[1]) President under Sec. 18, Art. VII
The Enrolled Bill Theory Kulayan v. Tan, 675 SCRA 482(2012): A provincial governor cannot exercise the
Mabanag v. Lopez Veto, 78 Phil., 1-3, 12- 19, 29-31(1947):Under the enrolled bill calling out powers, which the Constitution has reserved to the President.
theory, law passed upon by the legislative branch is conclusive to the court. The Lagman v. Medialdea, G.R. No. 231658, 4 July 2017): The Supreme Court may be
law is question pertains to the amendment of the Constitution. The Court said called upon to review the factual basis of the declaration of martial law and the
the amendment process is "political" in its entirely, from submission until an suspension of the writ of habeas corpus.
amendment becomes part of the Constitution, and is not subject to judicial
guidance, control or interference at any point. E. Voting Requirements
Arroyo v. De Venecia, 343 Phil., 54-60, 71-74 (1997)internal rules must be 1. General Rule: When the House has a quorum, a majority vote of the quorum is
observed in floor deliberations. (amendment of the NIRC on “sin” taxes on cigars, generallysufficient for the approval of matters.
cigarettes, wine and other alcoholic drinks
Probative Value of the Journal 2. Exceptions: There are, however, certain matters which prescribe that entire
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membership is required like two thirds vote in – 2. Commission on Appointments (Art. VI, Sections 18-19)
The passage of a bill vetoed by the President. (Sec.27 (1), Art. VI) Membership of the Commission on Appointments: It is composed of 25
The declaration of war. (Sec. 23(1), Art. VI members with the Senate President at its ex officiousChairman and
To call a constitutional convention. (Sec.3, Art. XVII) 12 senators and 12 members of the House of Representatives.
The expulsion or suspension of a member. (Sec. 16(3), Article VI) Members coming of the Senate and the House of Representatives are chosen
on the basis of proportional representation from political parties and
3. Votes in impeachment proceedings the parties or organizations registered under the party list system
A majority vote of the members of the Committee on Justice of HOR is represented therein.
necessary for consideration of its report in a plenary session. (Sec. 3(2), Jurisdiction: Article VII, Section 16 of the 1987 Constitution reads:"The President
Art. XI) shall nominate and, with the consent of the Commission on Appointments,
A vote of at least 1/3 of all members of the HOR is necessary to either appoint the heads of the executive departments, ambassadors, other public
affirm a favorable resolution with the Articles of Impeachment or ministers and consuls, or officers of the armed forces from the rank of colonel or
override its contrary resolution. naval captain, and other officers whose appointments are vested in him in this
A verified complaint or resolution of impeachment filed by 1/3 of all Constitution. He shall also appoint all other officers of the Government whose
members of the HOR shall constitute the Articles of Impeachment. appointments are not otherwise provided for by law, and those whom he may
Two thirds vote of all members of the Senate is necessary to convict the be authorized by law to appoint. The Congress may vest, by law, the
impeached public officer. appointment of other officers lower in rank in the President alone, in the courts,
Gutierrez v. HOR, Feb. 15, 2011: consideration of two complaints as or in the heads of departments, agencies, commissions, or boards.
basis Sarmiento v. Mison, 156 SCRA 549 (1987): Appointment of Bureau of Customs
Francisco v. HOR, 415 SCRA 44: initiation of a complaint for Commissioner does not need confirmation of the Commission on Appointments.
impeachment Tatad v. Commission on Appointments, G.R. No. 183171, August 11, 2008: With
Chief Justice Corona v. Senate of the Philippines et al., G.R. No.200242, the resignation of the nominee, there is no longer an actually justiciable
July 17, 2012: The power of judicial review includes the power of review controversy.
justiciable issues in impeachment proceedings.
H. Powers of Congress
F. Discipline of Members (Art. VI, Sec. 16(3)) 1. Legislative Powers:
Discipline of Members (Art. VI, Sec. 16(3)). The Committee on Ethics conducts General Plenary Powers; Limitations on legislative powers (Refer to Sections
the investigation of a member and will submit in plenary its recommendation. A 22, 25, 29, 28 of Art. VI, and Sec. 22, Art. VII, Sec. 4(3), Art. XIV for
member of Congress may be suspended or expelled by two –thirds vote of all its express and implied SUBSTANTIVE restrictions and Sections 26(1), (b)
members. of Art. VI and Art. 2 of the Civil Code for procedural restrictions)
Each house may determine the rules of proceedings, punish its Members for Power of Inquiry; Investigation (Sec. 21, Art.VI) Question Hour (Sec. 22, Art.VI)
disorderly behavior, and with the concurrence of two-thirds of all its members, (Gudani v.Senga 498 SCRA 67: Commander-in –Chief powers of the
suspend or expel a member. President)
A penalty of suspension, when imposed, shall not exceed sixty days. Approval of presidential amnesties/consent to appointees of the
President(Commission on Appointments)
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Declaration of state of war and delegation of emergency powers (Section 23, proof to claim tax exemption
Article VI) Quezon City v. ABS-CBN, G.R. No. 166408, Oct. 6, 2008: LGUs have power to
Legislative veto or approval of extension of suspension of privilege of habeas collect local franchise tax
corpus or declaration of martial law. (Section 18, Article VII) Del Mar v. PAGCOR, 346 SCRA 484 (2000): only Congress has the power to grant
Senate’s concurrence in treaties. (Section 21, Art.VII) franchise
Enactment of laws related to utilization of natural resources.(Section 2, Article Tanada v. Tuvera, 136 SCRA 27(1985): effectivity of laws
XII)
Amendment of the Constitution. (Sec. 2, Article XVII) Power of impeachment (Refer to Sections 2 and 3(1) to (6), Article XI for
jurisdiction, grounds and procedure)
Limitations on Legislative Powers: Gutierrez v. House of Representatives, G. R. No. Feb. 15, 2011. Congress may look
Substantive limitations into separate complaints against an impeachable officer and consider the
a. Express substantive limitations (Art. III under the Bill of Rights, Art. VI, inclusion of matters raised therein in the adoption of the Articles of
Sections 25 and 28, Art. XIV, Sec. 4(3), Art. VI, Sections 29, 30 and 31)) Impeachment.
b. Implied substantive limitations The Court further said “impeachment is the most difficult and cumbersome mode
Prohibition against delegation of legislative powers of removing a public officer from office."It is, by nature, a  sui generis  politico-
Prohibition against passage of irrepealable laws legal process that signals the need for a judicious and careful handling as shown
Exemptions to Non-delegation Doctrine by the process required to initiate the proceeding; the one-year limitation or bar
- Delegation to the President: Art VI, Sec. 23(2) and Sec.28 (2) for its initiation; the limited grounds for impeachment; the defined
- Delegation to the people (Art. VI, Sec. 32): referendum and initiative instrumentality given the power to try impeachment cases; and the number of
Procedural limitations (Art. VI, Sec. 32) votes required for a finding of guilt.” (Contrast this with Francisco v. HOR)
a. Legislative VETO or approval of extension of suspension of privilege of habeas Chief Justice Corona v. Senate of the Philippines et al., G.R. No.200242, July 17,
corpus or declaration of martial law (Art. VII, Sec. 18) 2012. The power of judicial review includes the power of review over justiciable
b. Approval of Presidential Amnesties (Art. VII, Sec. 19) issues in impeachment proceedings
c. Concur in Treaties (Art. VII, Sec. 21) 5 IV. The Executive Department
d. Declaration of war and delegation of emergency powers (Art. VI, Sec. 23) A. Qualifications, Privileges, Inhibitions and Disqualifications
e. Power with regard to utilization of natural resources (Art. XII, Sec. 2) 1. Qualifications, election, term and oath, (Art. VII, Sections 2, 4 and 5)
f. Amendment of the Constitution (Art. XVII, Section 12) 2. Privileges and salary (Art. VII, Sec. 6)
Cases: 3. Prohibitions (Art. VII, Sec. 13)
Demetria v. Alba, G.R. No. L-45129, March 6, 1987: no cross border transfer of Compare prohibition against other officials (Art. VI, Sec. 13, Art. IX, A, Sec. 2 and
funds;all appropriations bill must emanate from the House of Representatives Art. IX, B, Sec. 7)
and the executive branch has no power to transfer one budget for another Exceptions to rule prohibiting executive officials from holding another office;
purpose for which it was originally intended. Vice President as member of the cabinet (Art. VIII, Sec. 3, par.2)
Belgica v. Ochoa, G.R.No. 208493, November 19, 2013: limitations on the power Secretary of Justice as member of Judicial and Bar Council (Art. VIII, Sec.
to enact appropriation bills 8 (1))
YMCA v. Collector of Internal Revenue, 33 Phil. 217(1916): taxpayer has burden of Presidential Immunity: The immunity of the President from suit during his
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incumbency is rooted in the separation of powers doctrine. The President enjoys power of the President to appoint the Chief Justice during the prohibitive period.
the presumption that he is faithful to his Oath. The S.C. held that the appointment of the members of the judiciary is not
covered by the prohibition on midnight appointments.
B. Powers
1. Executive and Administrative Powers in General (Art. VII, Sections 1 and 17) PHILIP A. AGUINALDO v. HIS EXCELLENCY PRESIDENT BENIGNO SIMEON C.
The Constitution provides that “the executive power shall be vested in the AQUINO III, GR No. 224302, Nov 29, 2016: Petitioners Aguinaldo, et al., as
President of the President.” (Sec. 1, Article VII) nominees for the 16th Sandiganbayan Associate Justice, did not have a clear right
Under the principle of separation of powers, the executive, legislative and to said position, and therefore not proper parties to a quo warranto proceeding.
judicial departments of the government are coordinate co-equal with one Being included in the list of nominees had given them only the possibility, but
another. not the certainty, of being appointed to the position, given the discretionary
Being the head of the state, the President, by general conception, is the highest power of the President in making judicial appointments. It is for this same
official of the land. reason that respondents Jorge-Wagan, et al., nominees for the
2. Power of appointment 21stSandiganbayan Associate Justice, may not be impleaded as respondents or
a) In general:the President shall appoint all officers of the government whom he unwilling plaintiffs in a quo warranto proceeding. Neither can the IBP initiate
may authorize by law to appoint and such officers of government whose a quo warrantoproceeding to oust respondents Musngi and Econg from their
appointments are not otherwise provided by law. (Art. VII, Sec. 16) currents posts as Sandiganbayan Associate Justices for the IBP does not qualify
b) With consent of Commission on Appointments (please commit to memory): under Rule 66, Section 5 of the Revised Rules of Court as an individual claiming
Heads of departments (Art. VII, Sec. 16) to be entitled to the positions in question.
Ambassadors, public ministers, and consuls (Art. VII, Sec. 16) The issue is of paramount importance for it affects the validity of appointments
Officers of the armed forces from the rank of colonel and naval captain to collegiate courts and, ultimately, the administration of justice, for if there are
(Art. VII, Sec.16) questions as to the right of the appointee to his position as judge/justice, then
Chairman and members of Constitutional Commissions (Art. IX, B, Sec. doubts shall likewise shadow all his acts as such. This will indubitably undermine
1(2), C, Sec. 1(2), and D, Sec. 1(2)) the faith of the public in the judicial system. Since at hand is a constitutional
Members of the Judicial and Bar Council (Art. VIII, Sec.8(2)) issue of first impression, which will likely arise again when there are
c) Upon recommendation of the Judicial and Bar Council simultaneous vacancies in collegiate courts, it is imperative for the Court to
Members of the Supreme Court and all lower courts,(Art. VIII, Sec. 9) alreadyresolve the same for the guidance of the Bench and Bar, and the general
Ombudsman (Tanodbayan) and Deputies (Art. XI, Sec. 9) public as well.
Limitations on appointing power of the President(Art. VII, Sections 13 and 15) It should be stressed that the power to recommend of the JBC cannot be used to
Interim or recess appointments, (Art.VI, Sec. 19 and Art. VII, Sec. 16, par. 2) restrict or limit the President's power to appoint, as the latter's prerogative to
Limitation on appointing power of Acting President(Art. VII, Sections 14-15) choose someone whom he/she considers worth appointing to the vacancy in the
c) Midnight appointments:The outgoing President refrain from filling vacancies Judiciary is still paramount. As long as in the end, the President appoints
to give the new President opportunity to consider names in the light of his new someone nominated by the JBC, the appointment is valid. On this score, the
policies especially so when he ran on a platform approved by the electorate. Court finds herein that President Aquino was not obliged to appoint one new
( Art. VII, Sec.15) Sandiganbayan Associate Justice from each of the six shortlists submitted by the
De Castro v. JBC, G.R. No. 191002, March 17, 2010: This case questioned the
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JBC, especially when the clustering of nominees into the six shortlists a) Nature and Limitations: Rooted in the “divine rights of the King”
encroached on President Aquino's power to appoint members of the Judiciary General Rule: The Constitution grants the President this right to individuals
from all those whom the JBC had considered to be qualified for the same convicted by final judgment who have demonstrated they have fulfilled their
positions of Sandiganbayan Associate Justice. debt to society.
Exceptions: Grant of amnesty requires congressional consent.
d) Power of Removal: For appointees who serve at the pleasure of the President, Offenses involving violation of election laws require the recommendation of the
they may also be removed if there is loss of trust and confidence in them. Other COMELEC.
public servants may be removed for cause provided for by law. Tiu v. Natividad Dizon, G.R. No. 211269, June 15, 2016 (Perlas, Bernabe, J.): It
Gonzales III v. Office of the President (G.R.Nos. 196231, 196232, September 4, must be emphasized that pardon is an act of grace, proceeding from the power
2019): Only the Ombudsman can discipline the Over-all Ombudsman, the other entrusted with the execution of the laws, which exempts the individual, on
Deputies and the Special Prosecutor. whom it is bestowed, from the punishment the law inflicts for a crime he has
Almario v. Executive Secretary, 701 SCRA 269 (2013): committed. It is the private, though official act of the executive magistrate,
3. Power of Control and Supervision delivered to the individual for whose benefit it is intended and not
a) Concept of Qualified Political Agency communicated officially to the court. A pardon is a deed, to the validity of which
b) Executive Departments and Offices delivery is essential. The necessity for the individual pardon papers is best
>Control of executive department (Art. VII, Sec. 17) explained by the nature of a conditional pardon, which is "a contract between
Ople v. Torres, 293 SCRA 141(1998): In the exercise of power of control, the the sovereign power or the Chief Executive and the convicted criminal to the
President may substitute his own judgment over a decision of his subordinate; he effect that the former will release the latter subject to the condition that if he
may amend, affirm, alter or revoke any issuance of his subordinates. does not comply with the terms of the pardon, he will be recommitted to prison
c) General supervision of local government and autonomous regions but not to serve the unexpired portion of the sentence or an additional one. By the
CONTROL (Art. X, Sec. 4 and Sec.16) pardonee's consent to the terms stipulated in this contract, the pardonee has
Joson v. Executive Secretary, 290 SCRA 279(1998): The President’s power over thereby placed himself under the supervision of the Chief Executive or his
local governments is only supervision and not control. Thus, the primary concern delegate who is duty-bound to see to it that the pardonee complies with the
is to ensure that local government officials comply with the law when terms and conditions of the pardon."
implementing the same. b) Forms of Executive Clemency:Reprieves, Commutations and Pardons; Remit
4. Powers as Commander-in-Chief (Art. VII, Sec.18, Art. III, Sec. 15, Art. VIII, Sec. fines and forfeitures; Amnesty with consent of Congress
1, par.2) Pardon distinguished from probation
Emergency powers (Art. VI, Sec. 23(2)) People v. Vera, 65 Phil. 56 (1937): Under the law on probation, the convicted
Ampatuan et al. v. Hon. Puno, et al., G.R. No. 190259, June 7, 2011. The party does not serve his sentence in jail while in pardon, the convicted party
President did not proclaim a national emergency, only a state of emergency. The serves his sentence and upon good grounds, he may be granted pardon.
calling out of the armed forces to prevent or suppress lawless violence in such
places is a power that the Constitution directly vests in the President, without Pardon distinguished from parole
need of congressional authority to exercise the same Tesoro v. Director of Prisons, 68 Phil. 154 (1939): Parole is granted to a convicted
Tan person upon showing of good behavior but the party is required to report
5. Pardoning Power (Art. VII, Sec. 19, Art. IX, C, Sec. 5) regularly to the Parole Board to ensure that fulfills the conditions of his parole.
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Pardon distinguished from amnesty Treaty distinguished from executive agreements

Tolentino v. Catoy, 82 Phil. 300 (1948): Pardon is left to the personal discretion of Arthur Lim et al v. Executive Secretary GR No. 131445, April 11, 2002: A party
the President while amnesty requires the imprimatur of Congress. Pardon is who does not any legal standing cannot question the constitutionality of the
normally extended to an individual while amnesty is extended to group of Visiting Forces Agreement.
individuals who have committed crimes against the state. Please note that the Court has, in a prior case, made a distinction between an
Barrioquinto v. Fernandez, 82 Phil. 642 (1949):The right to the benefits of Executive Agreement and a Treaty. A treaty requires the ratification of the
amnesty, once established by the evidence presented either by the complainant Senate while an Executive Agreement does not. The VFA is considered
or prosecution, or by the defense, cannot be waived, because it is of public supplemental to the Mutual Defense Treaty executed by the Philippine
interest that a person who is regarded by the Amnesty Proclamation which has government and the U.S. government and ratified by both the U.S. Senate and
the force of a law, not only as innocent, for he stands in the eyes of the law as if the Philippine Senate prior to the adoption of the 1987 Constitution.
he had never committed any punishable offense because of the amnesty,  Deportation of undesirable aliens
Effect of Pardon Contracting and guaranteeing foreign loans (Art. VII, Sec. 20, Art. XII, Sec. 21, R.
Cristobal v. Labrador, 71 Phil. 34 (1940): If it is absolute pardon, one is restored A. No. 4860)
to his full civil and political rights. 7. Powers relative to Appropriation Measures
Pelobello v. Palatino,72 Phil. 441 (1941): In the pardon is conditional, the party Address Congress (Art. VII, Sec.23): State of the Nation Address
cannot avail of the privilege of habeas corpus as he will be incarcerated at once Preparation and submission of the budget (Art. VII)
if he violates the condition of his pardon. Refer to S.C. Rulings on: Demetria v. Alba, supra; Belgica v. Ochoa, supra; Araullo
Effect of Absolute Pardon on Qualification to seek Public Office v. Ochoa
Risos-Vidal v. COMELEC: Presidential pardon unless qualified restores a person to Stages in the Adoption of the General Appropriations Act –
his full civil and political rights. 1. Budget Preparation
Revocation of Pardon 2. Budget Legislation
In Re: Wilfredo S. Torres, 2 SCRA 109: Since pardon is a an act of grace, the same 3. Budget Implementation
may be revoked if the party shows that he does not deserve the same because he 4. Budget Accountability
has not reformed himself. Budget Savings vs. Unutilized Funds
Note: The President cannot grant pardon to an impeached officer neither can the 8. Delegated Powers
grant pardon to a person convicted of an election offense without the Emergency power (Art. VI, Sec. 23 (2))
recommendation of the COMELEC. Fixing of tariff rates (Art. VI, Sec.28 (2))
6. Diplomatic Power 9. Veto Powers
Treaty making power (Art. VII, Sec. 21) Veto power (Art. VII, Sec. 27)
Stages involved in the Adoption of a Treaty Line veto; veto due to constitutional grounds
1. Negotiations Effect of inaction for 30 days over a bill submitted for approval
2. Execution 10. Residual Powers: "Whatever is not judicial, whatever is not legislative, is
3. Ratification in accordance with domestic law residual power exercised by the President." Residual powers of the president
4. Exchange of ratified instruments include things that are considered to be outside of the office's usual realm. This
5. Deposit of instruments includes things like having criminal immunity while in office.
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where the judiciary may review acts of the executive and legislative branches.
B. The Vice President This power is rooted under the principle of checks and balances and separation
1. Qualifications, election, term and oath (Art. VII, Sections 3, 4, and 5) of powers doctrine. A court with judicial review power may invalidate laws and
2. Privileges and salary (Art. VII, Sec. 6) decisions that are contrary to the provisions of the Constitution.
3. Prohibitions (Art. VII, Sec 13, Sec. 3, par. 2) Consolidated Petitions (Belgica and others) supra: The Supreme Court is not
C. Succession (Art. VII, Sec.9) supreme over the two other branches of the government when it scrutinized the
1. In case of vacancy at the beginning of term (Art. VII, Sec. 7 and Sec. 10) utilization of funds under the GAA. It merely exercised its constitutional duty to
2. In case of vacancy during term (Art. VII, Sec. 8 and Sec. 10) check on the abuse of exercise of powers by the executive branch and the
3. In case of temporary disability (Art. VII, Sections 11-12) legislative branch.
D. Removal (Art. XI, Sections 2-3) 2.3. Functions of Judicial Review: Checking, Legitimating and Symbolic
Read provisions on the process of impeachment: HOR “impeaches”; Senate Functions of Judicial Review: Checking – looks into possible abuses of each
“convicts” branch of government; review of decisions of lower courts; Legitimizing – looks
into constitutionality of laws and its application; and Symbolic – looks into issues
6 VI. THE JUDICIARY although they have become moot and academic. REMEMBER THE EXPANDED
A. Concepts POWER OF JUDICIAL REVIEW OF THE S.C. Under normal circumstances, S.C. will
1. Judicial Power (Sec. 1, Art. VIII): Duty of the courts of justice to settle actual not disturb the findings of facts of administrative tribunals and the trial courts.
controversies involving rights, which are legally demandable and enforceable and However, S.C. may review findings of facts the lower courts under recognized
to determine whether or not there has been grave abuse of discretion exceptions: when the conclusion is a finding grounded entirely on speculation,
amounting to lack or excess of jurisdiction on the part of any branch or surmises or conjectures; when inference made is manifestly mistaken, absurd or
instrumentality of government. impossible; where there is abuse of discretion; when judgment is based on
Nature: The power to hear and settle disputes concerning rights and duties misapprehension of facts, when the findings of facts are conflicting; when the
between private persons or between private persons and the government. Court of Appeals, in making its findings, went beyond the issues of the case and
When exercised: Only when an actual controversy is presented to the court for the same is contrary to those of the trial court; when findings of fact are
resolution/disposition. conclusions without citation of specific evidence on which they are based; when
How exercised: When the law is clear, it is the court’s duty to APPLY the law. the facts set forth in the petition as well as in the petitioners’ main and reply
When the law is vague, the court must interpret the law and apply it according briefs are not disputed by the respondents; and when the findings of fact of the
to its meaning. C.A. are premised on supposed absence of evidence and contradicted by
Philippine jurisprudence has been influenced by rulings of the U.S. Supreme evidence on record.
Court. a) Operative Fact Doctrine
The Philippine Supreme Court has extensively relied on the 1803 U.S. case of Araullo v. Aquino, supra: A law or an act may be declared unconstitutional but
Marbury v. Madison to justify the power of judicial review. such law or act may produce legal effects prior to the pronouncement of nullity.
General Rule: All courts can exercise judicial review.
2. Judicial Review Ombudsman Carpio-Morales v. Court of Appeals, Mayor Binay et.al: The Court of
Appeals is a court of general jurisdiction. As such, it may review the acts of the
2.1. Theory and Justification of Judicial Review:Judicial review is the doctrine Ombudsman when called upon to render judgment on a particular act of the
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Ombudsman. that of the official concerned and decide a matter, which by its nature or by law
Effect of Declaration of Unconstitutionality is for the latter alone to decide.
Under Civil Code, Art. 7, Statute is void when declared unconstitutional B. Judicial Independence
Statute is not always void but may produce legal effects. The Constitution has instituted safeguards to ensure the independence of the
b) Moot Questions judiciary.
General Rule: A matter is moot if further legal proceedings with regard to it can The judiciary enjoys financial autonomy.
have no effect, or events have placed it beyond the reach of the law. Normally, The tenure and salaries of the members of the judiciary are guaranteed.
courts will defer to acting on a matter that has become moot and academic. The salary of the Chief Justice and of the Associate Justices of the Supreme
Exception: Where matters of transcendental importance arise, the Court render Court, and of judges of lower courts, shall be fixed by law. During their
a resolution to give guideposts to the bench and bar if a similar matter should continuance in office, their salary shall not be decreased. (Sec. 10, Art. VIII)
arise in the future. Members of the judiciary enjoy the tenure of their office during good behavior,
Resident Marine Mammals of Tanon Straits v. Secretary Angelo Reyes: Despite until they reach the age of 70 years or become incapacitated to discharge the
the fact that the issue had become moot and academic when the oil exploration duties of their office or by voluntary resignation.
activity was already stopped, the Court saw it fit to resolve the issue raised by
the Petitioners. C. Judicial Restraint
Tatad v. Office of the President Judicial restraint is the philosophy of judicial interpretation wherein members of
Concept of expanded power of judicial review: resolve matters of transcendental the bench normally defer to written legislation whenever possible, if it is not in
importance/ address matters which have been rendered moot and academic conflict with the Constitution.
c) Political Question Doctrine D. Appointments to the Judiciary
The political question doctrine could be read narrowly or more broadly. Read The Judicial and Bar Council (Art. VIII, Sec. 8); Memorize composition but it will
narrowly, the political question doctrine should be invoked only when the issue be more an appropriate topic in judicial ethics.
presented to the Court is one that "has been textually committed to another Membership of the Judicial and Bar Council (Chavez v. JBC):
branch of government."  That is, if the framers of the Constitution made clear - the Chief Justice as ex oficio Chairman;
their intention that the judiciary not resolves a particular question of - the Secretary of Justice, and a representative of the Congress as ex
constitutional interpretation, that determination must be respected.  officio Members;
More broadly, the political question doctrine might be invoked when there is a - a representative of the Integrated Bar;
lack of judicially manageable standards to decide the case on the merits, when - a professor of law;
judicial intervention might show insufficient respect for other branches of - retired Member of the Supreme Court; and
government, or when a judicial decision might threaten the integrity of the - a representative of the private sector.
judicial branch. (Baker v. Carr, 1962) The Clerk of the Supreme Court shall be the Secretary  ex officio of the Council
Marcos et al. v. Manglapus et al. G.R. No. 88211 September 15, 1989:When and shall keep a record of its proceedings
political questions are involved, the Constitution limits the determination to The Constitution provides for the creation of the Judicial and Bar Council (“JBC”)
whether or not there has been a grave abuse of discretion amounting to lack or which shall have the principal function of recommending to the President the
excess of jurisdiction on the part of the official whose action is being questioned. appointees to the Judiciary.
If grave abuse is not established, the Court will not substitute its judgment for The JBC shall submit to the President a list of at least three nominees for every
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vacancy from which he may select a person of his choice. Such appointments constitutionality, application, or operation of presidential decrees,
need no confirmation. proclamations, orders, instructions, ordinances, and other regulations,
For the lower courts, the President shall issue the appointments within 90 days shall be decided with the concurrence of a majority of the Members who
from the submission of the list while any vacancy in the Supreme Court must be actually took part in the deliberations on the issues in the case and voted
filled within 90 days from the occurrence of the vacancy. (Castro v. The JBC) thereon.
It may exercise such other functions and duties as the Supreme Court may assign (3) Cases or matters heard by a division shall be decided or resolved with the
to it. concurrence of a majority of the Members who actually took part in the
Chavez v. JBC: Congress cannot have two representatives in the JBC. The deliberations on the issues in the case and voted thereon, and in no case
Constitution provides only for one representative. without the concurrence of at least three of such Members. When the
De Castro v. JBC: The President must appoint a member of the Supreme Court required number is not obtained, the case shall be decided  en
within 90 days from the date the vacancy occurred. Such appointment cannot be banc: Provided, that no doctrine or principle of law laid down by the
restricted by the midnight appointment rule. court in a decision rendered  en banc or in division may be modified or
Republic v. Sereno (Original Decision rendered May 8, 2018 and Decision on reversed except by the court sitting en banc.
Motion for Reconsideration rendered on June 19, 2018): A member of the 2. Procedural Rule-Making
Supreme Court may also be removed through Quo Warranto proceedings if it Art. VIII, Sec. 5. “(5) Promulgate rules concerning the protection and
established that the member of the Court did not meet the prescribed enforcement of constitutional rights, pleading, practice, and procedure in
qualifications at the time of her appointment. all courts, the admission to the practice of law, the integrated bar, and
E. Hierarchy of Courts (more on Remedial Law) legal assistance to the underprivileged. Such rules shall provide a
Supreme Court simplified and inexpensive procedure for the speedy disposition of cases,
1. Composition (Art. VIII, Sec. 4): there is only one Supreme Court, all other shall be uniform for all courts of the same grade, and shall not diminish,
courts are created by law; Congress also defines the jurisdiction of courts increase, or modify substantive rights. Rules of procedure of special
created by law but it is only the Supreme Court that prescribes the Rules of courts and quasi-judicial bodies shall remain effective unless disapproved
Procedure and matters related to admission and practice of law and the by the Supreme Court.”
discipline of the members of the bench and the bar. 3. Administrative Powers (more on Judicial Ethics)
2. Appointment and qualifications (Art. VIII, Sec. 7, Sec.8 (5), Sec.9) Supervision of lower courts (Art. VIII, Sec.6)
F. Supreme Court Discipline of Judges (Art. VIII, Sec. 11)
1. En banc and Division Cases (Sec. 4, Art. VIII) G. The Supreme Court as Presidential Electoral Tribunal, (Art. VII, Sec. 4, par. 4)
(1) The Supreme Court shall be composed of a Chief Justice and fourteen Macalintal v. PET, G.R. No.191618, November 23, 2010. PET is an institution
Associate Justices. It may sit  en banc or in its discretion, in division of independent but not separate from the judicial department.
three, five, or seven Members. Any vacancy shall be filled within ninety Legarda v. De Castro 542 SCRA, 125: The justices of the Supreme Court are triers
days from the occurrence thereof. of facts when they participate in the conduct of an election contest involving
(2) All cases involving the constitutionality of a treaty, international or candidates for president and vice president. This allows the party in the election
executive agreement, or law, which shall be heard by the Supreme contest to raise any other issue within the exclusive jurisdiction of the Supreme
Court  en banc, and all other cases which under the Rules of Court are Court because in this case, the Court now exercises its power of judicial review.
required to be heard  en banc, including those involving the Issues that may be resolved by the PET in an election contest:
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1. election
2. returns
3. qualifications
H. Judicial Privilege
Protection from any statement made during judicial proceedings that is given to
each attorney, judge, juror, litigant party, or witness who are a part of said legal
proceedings.(Black’s Dictionary)

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